America and West Indies: February 1708, 1-15

Pages 652-675

Calendar of State Papers Colonial, America and West Indies: Volume 23, 1706-1708. Originally published by His Majesty's Stationery Office, London, 1916.

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February 1708, 1-15

Feb. 2. 1318. Draught of a Bill for enforcing obedience to H.M. Proclamation for settling the rates of foreign coins in the Plantations. [C.O. 324, 9. pp. 160–163.]
Feb. 2. 1319. Mr. Solicitor Generall to the Council of Trade and Plantations. By all I have seen and heard of Mr. Percival (Jan. 23, 28) I do think he is a person fit to be recomended etc. Signed, Ja. Mountague. Endorsed, Recd. 2nd, Read 10th Feb., 1707/8. 1 p. Enclosed,
1319. i., ii. Duplicates of Nos. 1301, 1311. [C.O. 137, 7. Nos. 75, 75.i., ii.; and (without enclosures) 138, 12. pp. 218, 219.]
Feb. 3.
1320. Council of Trade and Plantations to the Earl of Sunderland. Enclose draught of additional Instruction to Governor Parke concerning House-rent, for H.M. signature, as ordered Jan. 8, q.v. Instruction annexed. [C.O. 153, 10. pp. 115–119.]
Feb. 4. 1321. List of papers received by Mr. Budge out of the Office of the Board of Trade. Signed, Richard Budge. 1½ pp. [C.O. 5, 1049. No. 40.A.]
Feb. 5. 1322. A short Account of what passed between the Lord Baltemore and Capt. William Markham in relation to the bounds of Maryland and Pensylvania. [See C.S.P. 1682, No. 847.] Signed, C. Baltemore. Endorsed, Recd. (from the Lord Baltemore) Read Feb. 5, 1707/8. 1¾ pp. Enclosed,
1322. i. Wm. Penn to Lord Baltemore, Governor and Proprietor of Maryland. Westminster, 10th 2mo. Aprill, 1681. Introduces Capt. Markham and proposes a friendly correspondence upon the occasion of the King's letter. See C.S.P. 1681–2, Nos. 62, 847. Signed, Wm. Penn. Copy. 1 p. Endorsed, "wch. sheweth how pressing ye sd. Penn was to have those commands of the King's complyed with when it was thought the degree of 40 would be as low as Poole's Island." [C.O. 5, 716. Nos. 40, 40.i.; and (duplicate of enclosure, endorsed, Recd. Read April 26, 1708) No. 51.]
Feb. 6. 1323. Charles Cox to the Council of Trade and Plantations. Extracts of letters from Barbados:—The Governor a favorer of Cleland and others enemies to ye peace of ye Island—The inhabitants threatned with a turn of affairs by Cleland and others upon Governor Crow's arrival—Cleland rules, Governor Crow has only the title—Repeats case of Cox etc.—The Courts of Law and Equity are in a manner shut up, the practice of seeking redress being by petition to the Governor, upon which he issues out orders, a non-complyance to which is punish'd with imprisonment, as in the case of Charles Buckworth, Judge of ye Admiralty, and others. By the oppressions of Governor Crow a great number of ye Inhabitants are going off the Island. Signed, Charles Cox. Endorsed, Recd. Read Feb. 6, 1707/8. 1 p. [C.O. 28, 10. No. 62.]
Feb. 6.
1324. Council of Trade and Plantations to the Earl of Sunderland. Enclose following for H.M. signature.
1324. i. The Queen to Col. Jenings. Instructions to move the Assembly of Virginia to pass a new law touching the admeasurement of ships, with reasons for the Repeal of the Act of Revenue, 1705. (See Jan. 5 and 25.) It is our Will and Pleasure that you do not give your consent to any new Law wherein shall be contain'd any of the clauses relating to Naval Officers' Fees, the qualification of Councillors and their salaries. Countersigned, Sunderland. Kensington, Feb. 14, 1707/8. [C.O. 5, 1362. pp. 282–286.]
New Yorke, 1707.
1325. Lewis Morris to [? the Earl of Sunderland]. I was intrusted by the Assembly of New Jersie to transmit you a letter from the Speaker, a petition from that House to the Queene, a Remonstrance made to H.E. my Lord Cornbury, and some affidavits taken before them. All wch. I sent by severall conveyances, and they allso come with this with an adition of what has been done since, which is a reply made by that House to an answer of his Lordship's to them. I did not transmit his Lordship's answer because I had no directions from the Assembly to do it, and because I did supose he would take that care, being what he vallued himselfe verry much upon, but I believe consideration has abated that good opinion he had of it when the transports of his passion were recent, and perhaps has been a meanes of hindring its coming to your hands or of making those alterations without which he could not but know he would before so competent a Judge verry much arraigne himselfe in his assertions about the powers of the House of Commons or (pardon the expression when 'tis us'd comparatively) of the Generall Assembly of New Jersie. I therefore send it as he caused it to be printed at New Yorke, and would advise that the severall Assemblys of the Plantations be directed from time to time to send coppies of their Journalls to one of H.M. Principall Secretaries of State directly from themselves, and if some such methods were taken with the severall councills I am verry much deciev'd if the accotts. you recieve were not much more to be depended on than now they are. How just my Lord has been in his representations of men and things he best can tell, but if from what has been seen of them here an estimate may be made of what has not, truth or indeed a good judgment is what is least to be expected in them, and a character whose veracity is not to be depended on is not the fittest to command Provinces. Such persons ought to be strangers to mean complyances, but when they prostitute their reputation and fall victims to an avaritious temper, stooping to sordid measures for gaine, become the merchandize of factions and prise of the highest bidder, what are the ills not to be expected under such an administration, or rather, what is the good to be hop't either to H.M. or her subjects; but to leave this which however true looks too much like resentment; to give some light to the papers before you, I shall give your Honour ye state of that Province when my Lord arrived and what 'tis now. When he arrived there he found it divided into two parties, the one called Hamilton's and the other Basse's partie, not to trouble your Honour from whence they rose, Hamilton's partie in that now called the Easterne division of New Jersie, formerly East New Jersie, consisted of the Gentlemen of the best figure and fortune and majority of the people, Basse being formerly an Anababtist minister, those of that religion, some quakers and a misclanious mob where of his partie. In the Westerne division ye Quakers and by very much the greater part of the people where of that called Hamilton's partie. When my Lord's Commission was publisht it was the endeavours of both these parties to be uppermost, that of Basse's haveing, dureing the unsetled state of that Province, been guilty of severall irregular actions, endeavoured his Lordship's countenance, in order to procure an Act of Indempnity in their favour; and many of the other partie where not for obligeing them in that point. When the time came for the choice of Assembly men, ye writs (according to H.M. directions) appointing the qualification of the Eleced to be 1,000 acres of land, and of the Electors to be 100, verry much disobliged a great number of persons, and ye mob in generall, because the choice was taken out of their hands, and that made the majority of the Easterne division consist of that called Basse's partie; but notwithstanding, by an artifice of the other partie, they lost the feild in the Election. In the Westerne division Hamilton's partie carried it to a man, so that the first Assembly consisted of that partie called Hamilton's. There was in that Province a third partie, or rather a partie within a partie, who had designs of their owne, abstract from government, and these were Proprietors, these, haveing uppon the surrender of their government obteined a certaine form of Instructions to be given to ye Governours, which should from time to time be sent into New Jersie, thought themselves secure in the Governour's obedience of them, and were incouraged by my Lord's promises, to think they might safely depend, he would not faile in the performance of what was so much his duty and intrest to do; but after some time, being better acquainted with his character and considering that if he should breake them; that such was the vast distance from England, the difficulty that attends applications in controverced cases, the possibility (after all) of their being thought in the wrong, and of being misrepresented; that, should they meet with success, yet it would be so long a time first, that the mischiefs they might suffer would be irrepairable; they chose to make more sencible applications to my Lord, then bare words. And accordingly Dr. Johnstone waited on him with 200l. at twice as is exprest in his affidavit. That partie of Basse's haveing mist of being in ye Assembly and haveing made some endeavours to procure an Act of Indempnity which proved ineffectuall; had recourse to other measures; and it haveing got wind that his Lordship reced. money of Dr. Johnstone, and guessing the sum much bigger then realy 'twas, began to entertaine some hopes, very justly conceiving that he that was not proofe against one sum, would not withstand another; and, since he was to be purchas'd, resolved to bid for him; and being encouraged by his confident Dr. Bridges, Chiefe Justice of New Yorke, since dead, they raised the severall sums mentioned in the affidavits and many more that we cant yet get accounts of, as we judge to ye value of about 1,500l. This money was paid to one Richard Salter (who had been presented by a Grand Jury for fellony under the former Administration), and to one Capt. John Bowne, both which persons travail'd through the Province, and by untrue insinuations perswaded the raising of this money. They are both protected and honoured by my Lord, and what places he can well bestow given them. Bowne was a Member of the Assembly and by them expell'd for refuseing to tell what he did with the money. Salter kept out of the way and could not be got; but while he kept out of the Serjeant's way, my Lord admitted him to his company, and sent for a boat and had him shipt over into Pensilvania Government. By all which your Honour may perceive, what it is yt. hinders it from being fixt on my Lord; and that it cannot be well knowne how these persons dispos'd of that money, except H.M. thinke fit to order them to be sent to England, and examined there, or till an honester man be sent in my Lord's roome. It can be proved (without Bowne and t'other) that 'twas given to Dr. Bridges in my Lord's house, and there is all the reason in ye world to believe his Lordship had it. But the effects yt. it has had and the service or rather diservice it has done H.M., I shall endeavour to show. My Lord proposed to this first Assembly to raise a revenue for the suport of H.M. Government; I was then of H.M. Councill, and I privately askt him, what sum he thought would do; he told me 1,500l. a yeare. I had some influence over the most leading men of that Assembly, to whom I proposed it; but all I could say did not prevaile with them to come up to that sum. 1,000l. a yeare for 3 years they would give (and indeed it's a wonder they ever came so farr at once, the greatest tax that had ever been raised being 675l., and at that the people were ready to run mad and would never pay it), that not pleasing, they were adjourned till a further time. In the intrim this money I have been speaking of was paid; and the contributors did oppenly boast of their assurance of haveing that Assembly disolved, whether the fears of ye partie that was then uppermost of haveing that Assembly disolv'd, or what it was that wrought upon them, I can't tell; but they thought it adviseable to come up to my Lord's proposall of 1,500l. per annum for 3 years. Whether they had past a vote or not my memory won't serve me; but I think they past a vote for it; and no sooner was my Lord assured of that but he dissolv'd them. It was now no longer a doubt he had been promist more, besides other prevailing arguments ready downe; and an assurance they could carry the majority of the Assembly; but it was something surpriseing that any man in his right witts should part with a certaine 1,500l. a yeare for an uncertainty, and depend upon promises wch. any man that could see an inch before his nose might be morrally assur'd was not in their power to performe. A new Assembly was chosen, which demonstrated the vanity of their promises, and the folly of depending on them. However, the best was to be made of a bad market, and the buisiness was to be done per fas aut nefas, and the way they tooke was as follows. The majority of the Assembly, consi[s]ting of those who were enemies to yt. faction, who by bribery had procured their disolution, and it being impossible to obtein the end, the contributors had promis'd, without getting some of them out of the House, when therefore the Assembly came to be sworne (which is done before the Governour in Councill), Thomas Revell and Danll. Leeds Esqs., two of H.M. Councill, objected against three of the Members chosen to serve as being unquallified, upon which my Lord refused to sware them, by this means they got the majority by one. Some little time after ye same Gentlemen present to that faction of a House the following which they call'd a Petition [see No. 1325.i.]. This 14 daies they askt they thought to be time enough to accomplish their designs, but that not doeing, the hearing of them was defered from one time to another till they had done what they intended. At last the matter came to a hearing, but neither Revell nor Leeds ever so much as appeared to justifie their allegations, ye end being answered for which they did it. Well, the Assembly even that faction of ym. when they had examined the matter were sattisfied they were qualified, and sent two of their Members to desire my Lord to sware ym., wch. he refused to do, pretending he was the Judge of their quallifications, and that upon his determination they were to be admitted or refused, and so he kept them out about eleaven months. Perhaps of ye kind there has hardly been a greater complication of villany. Among other Acts they past then there was one to raise a Revenue of 2,000l. a yeare for 2 years, and in that he consented to lay taxes upon uncultivated lands, which was directly contrary to his Instructions, another Act for laying out high waies, and another to setle the Militia, all wch. had the following effects. In the Militia Act the Quakers that could not for conscience, forsooth, beare armes was to pay a certaine sum yearly, and forfeitures were laid upon other Defaulters, but there was no provission made to returne ye superplusse of ye distresses, if any such thing should be. My Lord had made a set of Officers sutable to his turne, to say no more of them, these were punctuall in makeing distresses, and generally above ten times the value, wch., when they came to expose to sale, nobody would buy, so that there is or lately was a house at Burlington, fill'd with demonstrations of ye obstinacy of the Quakers, there was boots, hats, shooes, cloaths, dishes, plowes, knives, earthenware, with many other things and these distresses amounts, as is said, to above 1,000l. a yeare, almost enough to defray the charges of ye Government without any other way. The layers-out of the high way were appointed by the Act, and such as were ye most inveterate party men, and such as were resolved to be no more wanting in their part of mischief, then ye Militia Officers were in theirs, and as fit for the turne of such a faction of an Assembly as the other were for such a Governour; they pull'd downe their enemies' inclosures, laid waies through their orchards, gardens and improvements.; there was one Gentleman at whom they had an extraordinary pique, and they laid a way over a millpond to necessitate him to pull downe dam and mills that could not be erected for 1,000l., or to pull it down themselves, though the Gentleman offer'd to build a bridge over the streame at his owne charge, ¼ of mile distant, which would have been ¾ nearer, and better way. To be short, they were truely industrious and fully answered the end of their makers, never omitted an ill turne they could do, and allwaies went out of their way to do it. The Revenue Act, though the money was to serve two years, yet it oblig'd the payment of it in one. It was a vast sum for that Province and the makers who by laying of a tax upon land, thought it would fall easie upon their owne partie, who had but small tracts, found the success did by no means answer the expectation: for though it fell heaviest upon ye men that had great tracts of land, yet they were better able to beare it, and their numbers were inconsiderable compared wth. ye whole, the poore it undid, for, haveing to purchase the oppertunity of plagueing their neighbours, and of giveing so much money (for that was all they got except the putting of a percell of scabs in office), paid all ye money they had or by their credit could get, and the bonds they had given becomeing now due, and the tax and that to be both paid and they haveing no money, and their credit pawn'd for above the value; it's not to be exprest ye confusion and perplexity they were in. The whole Province was fill'd with murmurs and complaints; but neither that nor ye hearty curses they liberally bestow'd upon the vilains that were ye authers of their sufferings avail'd anything, they were forced to get money, some by takeing it up at 10, 20, 30 and more per cent. intrest, those whose credit would not go, even on ye most desperate tearms, was forc't to sell wt. they had yt. was vendible to raise the money, and very many there was yt. sold good milch cowes to raise 6s., by this means yt. tax was paid and that comeing upon ye neck of the money raised to give his Lordship, and ye extravagant distresses from ye Quakers has so impoverisht New Jersie that they are not only unwilling to raise a support for a wretch, who, by the whole conduct of his life (here) has evinct yt. he has no regard to honour or vertue; but they are also unable to raise such a suport as he saies H.M. demands, which is 1,500l. per annum for 20 years. There has no occasion offer'd but H.M. has exprest abundance of tenderness for that People, and they have no other inducement to beleive this demand is realy H.M.'s, as 'tis said to be, but that there is a kind consideration of ye inabilities of ye People, who were not able to give 2,000l., and therefore H.M. abates 500l. per annum. Had they not been dreined by their private and publick taxes they had been able to do it, but now they are not. 1,000l. is the utmost they can do, and whoever acquaints the Queen they are capable of doeing more does not understand that Province and abuses H.M. I beleive in few years they may be able to raise above 1,500l.; and whatever they are able to do they will be willing, under the administration of any person yt. does not invade their liberties, and equally administers ye laws; but they think no consideration obliges them to suport oppression. As to ye raising a Revenue for a certaine time, especially so long a time, its what they are utterly averse to, for ye instances of ye misaplication of ye Revenue, in the neighbouring Government of New Yorke are so many, and the extravagancie of its aplication in New Jersie soe great, that its in my opinion impracticable to perswade an Assembly in this part of America to trust a Governour after my Lord Cornbury. When I spoke of the extravagant aplication of ye Revenue of New Jersie, I forgot to add the difficulty of knowing how 'tis applyed; for though H.M. directs that ye Assembly examine ye accots. of ye disposall of money raised by them, yet ye Governour eludes ye ends of that Instruction, and protects one Peter Fauconier, a Frenchman, Receiver Generall in that Province, from giving the Assembly the sattisfaction they ought to have, the fact is thus. The Assembly order'd Fauconier to lay the accots. before them, he did, and severall articles there were, wch. they thought very extravagant, they directed him to bring his vouchers, the answer he returns is (if I remember), he is accountable to ye Auditor Generall, and without my Lord's direction he cannot do it, wch. he has not had, nor is not like to get, and there it sticks. If this and what's inclosed lets your Honour see ye state of New Jersie, I have my end. I ad that it's ye imprudent conduct of ye Governours, to call it no worse, that has been ye great prejudice of H.M. service in America, the various kinds of injustice and opression, ye sordid and mercenary measures they have taken, the mean things they have stoop't to, the trash of mankind that has been their favorites and tooles, and by them raised to posts of honour and proffit, as rewards for accomplishing ye worst ends, has stunted the growth of these otherwise thriving plantations, and you may easily judge what effects are ye unavoidable consequences of such causes except mankind can be brought to love such things as by ye principalls of Human nature they must necessarly hate. 'Tis this has fill'd ye Charter Governments with people and makes them fond of suporting an Administration in wch. they can call theyr governour to account and punish them for male administration without ye uncertaine and tedious success of application to courts, and were it not for ye stingeness and narrowness of their principles (pardon this disagreeable truth), the Governments under H.M. more imediate administration had long ere this been thin'd of inhabitants and when a way is found that governours may not do acts of injustice with impunity ye Charter Governments wont long subsist. All the apologie I shall make for ye length of this is that I mean it for H.M. service, and hope ye goodness of ye intent will induce a pardon for ye meanesse of ye performance, and, did I not fear tyring your Honour, would enter into ye state of ye Province of New York, but I hope some abler hand has done this Province and my Lord Cornbury so much justice as to lay before you an Administration no where so exactly parralel'd as in that of Gessius Florus, Governour of Judea, and has told you that H.M. Revenue here is nigh expiring, and will certainly fall if some elce ben't sent in my Lord's stead. We are told Sir Gilbert Heathcote has made some intrest for his brother Col. Caleb Heathcote, he will be a man to ye generall sattisfaction of ye People, and at this juncture to obteine a resetlement of H.M. Revenue no man fitter. I know no man understands ye Province or People better, or is more capable of doeing H.M. reall service, he is an honest man and the reverse of my Lord Cornbury, of whom I must say something wch. perhaps no boddy will think worth their while to tell, and that is his dressing publiqly in woman's cloaths every day, and putting a stop to all bublique buisiness while he is pleaseing himselfe wth. yt. peculiar but detestable magot. It is not good manners perhaps to pray from a Secry. of State a line in answer, but I have soe much reason to feare ye intercepting of my letters that I would intreat some notice of ye receipt of this, and that for your owne sake as well as mine, to prevent your being troubled with a second Edition, with additions presuming you like long letters except where it cant be helpt as little as does—. Much honrd. Sir, I was here concluding, but the ill performance of my amanuensis makes it necessary to entreat your excuse for it, he had been us'd to write in mercantile affaires, wch. I suppose has made him use figures so much, and should I transcribe it I should miss this post and possibly the conveyance by the mast fleet. Signed, Lewis Morris. 10 pp. Enclosed,
1325. i. Petition of Tho. Revell and Daniell Leeds, desiring 14 days time further more fully to inform the House as to their charge against the three Representatives, etc. Copy. 1 p.
1325. ii. Assembly of New Jersey to [? the Earl of Sunderland]. We send you some evidences taken before ye House of Representatives concerning ye private raising of severall considerable summs of money, 200l. of wch. is proved to be given to my Lord Cornbury and wee have great reason to believe ye rest was also given to him, or rather to Dr. Bridges, since dead, and by him to my Lord Cornbury. It is certain ye contributers did designe it for him, and nobody could gratifie them in the things they desired but his Lordship. Richard Salter, ye person yt. went about to perswade ye raising of money for these ends, keeps out of ye way, and John Bowne, to whom ye money was payd, and in whose name the Bills were taken refuses to swear how he disposed of ye money payd to him, etc. Signed, By order of the House of Representatives, Saml. Jenings, Speaker. May 5, 1707. 1 p.
1325. iii. Reply of the House of Representatives of New Jersey, Oct. 24, 1707, to H.E.'s Answer (No. v.). Printed. 12 pp.
1325. iv. Freeholders and Inhabitants of the Eastern Division of New Jersey to the General Assembly. The Public Records of East New Jersey, formerly kept in the Secretary's Office, are now in the custody of Peter Sonmans, an absconding bankrupt from England, who calls himself Agent to the Proprietors of the Eastern Division, and is not known to have any certain abode. These records have been carried out of the Eastern Division, but where and how disposed petitioners cannot learn. Pray that they may be committed to some person of visible estate and good reputation within the Eastern Division. Signed, Saml. Dennes, Saml. Hale, John Blomfield, Ephraim Andrews (mark), John Pike. 1 p.
1325. v. Remonstrance of the Assembly of New Jersey and Governor Lord Cornbury's Reply, May 8 and 12, 1707. See Nov. 29, 1707. Printed. 8 pp.
1325. vi. General Assembly of New Jersey to the Queen. May 5, 1707. Petitioners lay at H.M. feet an account of the hardships they indure under the administration of Lord Cornbury. Repeat charge that he was bribed to dissolve the first Assembly and to refuse to swear the 3 Members in the second, upon the groundless suggestion of Revell and Leeds, who when the Assembly appointed a day of hearing never appeared to justifie their allegations. The Assembly found them duly qualified, but H.E. kept them out nigh 11 months, pretending he had a right to judge of their qualifications, a great violation of the rights and liberties of your Majesty's loyall subjects here and an assuming to himself a negative voyce to the Freeholders' election of their Representatives, and by which means he procured the passing of severall Laws, which have and do greatly oppress your Majestie's loyall subjects, and have so farr impoverished them that they are incapable of raising such a Revenue for the support of your Majestie's Goverment here as is desired of them, or as otherwayes they would be inclin'd to do. Pray to be relieved from the arbitrarie and illegall practices of H.E., and that H.M. will appoint a Governour that is not Governour also of New York, since their low circumstances are such that they are not able to pay the salary of a Governour and the extraordinary charges of his travelling from New York and back again, etc. etc. Signed, By Order of the House of Representatives, Saml. Jenings, Speaker. Divers of the Members of this Assembly being of the People called Quakers do all assent to the matter and substance of the abovewritten, but make some exception to the stile. 1 p.
1325. vii. Depositions made before the Committee of Assembly of New Jersey, April, May, 1707, as to the collection of money by Richard Salter, and paid to Capt. John Bowne, to obtain an Election of Assemblymen, to appoint officers to the good liking of the people, and to be freed of quitrents, etc. Deponents' names:—Joseph Fitzrando, Wm. Lucar, Saml. Dennes, Isack Whitehead, Benjamin Ogden, Jonas Wood, John Woodraff, John Pike, George Drake, Benjamin Hull, John Langstaff, John Johnstone, Anthony Woodward, Safty Grover, George Allen, Asher Clayton, John Clayton, Wm. Lawrance, John Royce, Elisha Parker, Edmond Dunham, John Drake, John Woolly. The depositions contain the names of many other subscribers. 8 closely written pp. [C.O. 5, 1091. Nos. 13. 13.i.-vii.]
[Feb. 10.] 1326. Sir T. Laurence to the Council of Trade and Plantations. In pursuance of Order of Jan. 22, prays that, in order that it may be known whether the value of what has been taken from him amounts to 600l. as alledged, the next Assembly of Maryland may be directed to return an account of Ordinary Keepers 1703–1707, and of the sums paid by them etc. This cannot be obtained till the end of 1709. Signed, Thomas Laurence. Endorsed, Recd. 10th, Read 12th Feb., 1707/8. 1 p. [C.O. 5, 716. No. 41; and 5, 727. pp. 19, 20.]
Feb. 10.
1327. W. Popple, jr., to Major Pilgrim. The Council of Trade and Plantations desires to speak with you upon your Memorial of Jan. 26, etc. [C.O. 29, 11. pp. 200, 201.]
[Feb. 10.] 1328. Sir John Colleton to the Council of Trade and Plantations. James Colleton is lately dead, and his son John now endeavours to get himself appointed one of the Council, in order to delay his suit. Enters a caveat against his appointment. Endorsed, Recd. Read Feb. 10, 1707/8. 1 p. [C.O. 28, 10. No. 63.]
Feb. 10.
New York.
1329. Governor Lord Cornbury to the Council of Trade and Plantations. Encloses following. I received it some few hours agoe. I shall not pretend to add anything to what they have said, nor to diminish from it, they are most of them much better acquainted with the people of that Province then I can pretend to be, and consequently are better able to represent the true interest of the Country then I can, though I think I may without vanity say that I am not a stranger neither, to the Countrey nor the People, their interests, nor inclinations etc. Signed, Cornbury. Endorsed, Recd. May 19, Read June 2, 1708. Holograph. 1 p. Enclosed,
1329. i. Lt.-Governor and Council of New Jersey to the Council of Trade and Plantations. Enclose following, and beg their Lordships' good offices in forwarding it to H.M. etc. Signed, Rich. Ingoldesby, Robt. Quary, Tho. Revell, Daniel Leeds, Dan Coxe, Ric. Townley, Wm. Sandford, Wm. Pinhorne, R. Mompesson. Endorsed as preceding. 1 p.
1329. ii. Lt.-Governor and Council of New Jersey to the Queen. We having seriously and deliberately taken into our consideration the proceedings of the present Assembly, thought ourselves bound both in duty and conscience to testify to your Majesty our dislike and abhorrence of the same, being very sensible that the unaccountable Humours, and pernicious Designs of some particular men have put them upon so many irregularitys with intention only to occasion diversions and distractions to the disturbance of the great and weighty affairs, which both your Majesty's Honour and Dignity as well as the Peace and Wellfare of the Country required. Their high incroachments on your Majesty's Prerogative Royall, notorious violations of the rights and libertys of the subjects, manifest interruption of Justice, and most unmannerly treatment of H.E. the Lord Cornbury, would have induced us sooner to have discharged our duty to your Majesty, in giving a full representation of the unhappy circumstances of this your Majesty's Province and Government, had we not been in hopes that H.E. Lord Cornbury's full and ample Answer to a most scandalous Libell, called a Remonstrance of the Assembly, which was delivered to the Governour by the Assembly at Burlington in May last, would have opened the eyes of the Assembly and brought them back to their reason and duty. But finding that those few turbulent and uneasy spiritts in that Assembly have still been able to influence and amuse the judgment of many well meaning men in that Body, as appears by another late scandalous and infamous Libell, called the Reply of the House of Representatives [dated Oct. 24, 1707. See June 18, 1708], we are now obliged humbly to represent to your Majesty the true cause, and what we conceive may be the remedy, of these confusions; The first is wholly owing to the turbulent, factious, uneasy and disloyal principles of two men in that Assembly, Mr. Lewis Morris and Mr. Samuel Jennings, a Quaker, men notoriously known to be uneasy under all Government, men never known to be consistent with themselves, men to whom all the factions and confusions in the Government of New Jersey and Pennsylvania for many years are wholly owing, men that have had the confidence to declare in open Councill, that your Majesty's Instructions to your Governours in these Provinces shall not oblige or bind them, nor will they be concluded by them further than they are warranted by Law, of which they will also be the Judges; and this is done by them, as we have all the reason in the world to believe, to incourage not only this Government, but also the rest of your Majesty's Governments in America, to throw off your Majesty's Royal Prerogative, and consequently to involve all your Dominions in this part of the world, and the honest good and wellmeaning people in them in confusion, hoping thereby to obtain their wicked purposes. The remedy for all these evils is, that your Majesty will most graciously please to discountenance these wicked designing men, and show some dislike of this Assembly's proceedings, who are resolved neither to support this your Majesty's Government by a Revenue, nor take care to defend it by settling a Militia. This last Libell, called the Reply, came out so suddenly that as yet wee have not had time to answer it in all its particulars, but do assure vour Majesty that it is for the most part false in fact, and that part of it which carrys any face of truth, they have been malitious and unjust in not mentioning the whole Truth, which would have fully justified my Lord Cornbury's just conduct. We begg leave to assure your Majesty, that whenever we shall see the People of this Province labour under anything like a grievance, we shall according to our duty immediately apply to the Governour with our best advice for the redress of it; and wee have no reason yet to doubt of a ready complyance in him. Wee shall not be particular in, but crave leave to referr H.E.'s Representation of them to the Lords Commissioners for Trade and Plantations. The strenuous asserting of your Majesty's Prerogative Royall, and vindicating the honour of your Governour, the Lord Cornbury, will in our humble opinion be so absolutely necessary at this juncture, that without so doing your Majesty will find yourself deceived, either in your expectation of a Revenue for the support of the Government, or a Militia for its defence. In hopes your Majesty will take these important things into your consideration, and H.E. the Lord Cornbury with the Members of your Majesty's Councill into your Royal Favour and Protection, Wee shall conclude with our most fervent prayers to the most High to lengthen your days, etc. etc. Signed and endorsed as preceding. Copy. 4½ pp. [C.O. 5, 970. Nos. 55, 55.i., ii.; and (without enclosure ii.) 5, 994.A. pp. 413–415.]
Feb. 10.
1330. Lt.-Governor Bennett to the Council of Trade and Plantations. Your Lorps.' of May 9 I received on Aug. 25, and answer'd it by the way of Virginia, Sept. 22 last, haveing had repeated accounts that that Fleet would sail for England in October, but I now understand it will be the spring first. I am very much concern'd I did not send my packt. into the West Indies in order for the packt. boat, least I may suffer in your Lordps.' opinions as neglecting my duty in not writeing. As for what your Lordps. require of me in the first paragraph of your letter, I shall be very punctual in performing the same. According to your Lordps.' commands, I enclose a list of the present Council, and also of such persons as I would recomend etc. Your Lordps. likewise require to be informed what number of inhabitants there are etc. The reasons those demands in my Instructions have not been complyed with, were least they should have fallen into the hands of the enemy, which might have been of evil consequence, and therefore doe pray leave to defer sending such accounts, and what else is here not answered, untill Col. Anthony White and one Capt. George Tucker embarke for England, which will be in about 6 weeks, either in a ship that's now in the harbour, or by the way of the West Indies, and take passage in the packet-boat, and they shall be soe instructed as to be capable to satisfy your Lordps. in every particular. Their business home is to sollicite the affairs of this Country (being appointed for that purpose by Act of Assembly), but more especially in all things relateing to Mr. Jones, the inhabitants in general thinking themselves very much injured by him; and I have been desired by the Council and Assembly to pray your Lordps. that the hearing any further matters wherein he is concern'd may be suspended till the afore-mentioned gentlemen arrive. As for comodities exported from hence to England, there are none that's of the growth of the Country, excepting platt ware (which is made of palmetta leafs) and of that but very inconsiderable parcells not worth mentioning. That which is chiefly exported is whale oyl, platt ware, onions and cabages, which are carryed either to Barbados, the Leeward Islands or Jamaica, and with the produce thereof they purchase such dry goods as supplys the inhabitants with necessary clothing, rum, sugar and the like. What vessells goes to Jamaica generally in their return take in salt att the Bahama Islands, which is carryed att the fall of the leaf to New England, Virginia, Pensilvania, New York and other places along the Continent, and there turn it into beef, pork, corn, bread, etc., as the owners think fitt to order, which is either brought directly hither, or they take in ffreight for the Southward to make up a ffull load, and this is the usual way of trade the inhabitants of these Islands follow; and from the aforesaid places are furnished with such supplys and manufactures as were wont to be brought from England in the Company's time (excepting what goods are sent by Mr. Charles Noden, Agent to H.M. Independent Company of ffoot, as a fund for subsistance). There hath been also within these two years three sloops that belongs to this Country went to Newfoundland, and loaded with ffish, and soe return'd to the Southward, but whether that trade will be followed I cannot say; also onions and cabages are carryed from hence to Curacao, and in their return take in a load of salt and then to the Northward as aforesaid, likewise several vessells have taken in ffreight from the Northward to St. Thomases, but when they come in here from either of the said ports, more particular care (if possible) is taken to have them thorowly searched. The present methods that are used to prevent illegal trade is, that all vessells arriveing here doe come to an anchor in the Castle or Town Harbour (unless by extremity of weather they are forced to goe in att the West end of these Islands to secure themselves) where imediately a searcher goes on board and makes what possible enquiry he can, and reports the same to the Collector, who, after entering with him and Naval Officer, he gives a permit for unloading, which all vessells doe in one of the aforementioned harbours, and are obliged to load in the same. The number of ships as are belonging to these Islands a list thereof is inclosed. Also therein is an account what number and what sort have been built here since the Act of registering vessells was made, which is as far back as I can goe with any certainty to informe myself. And as for the number of seafaring men, I desire to refer to Col. White. All the manufactures settled here since tobacco failed, are building of cedar vessells, making of platt ware, nests of tubs and pailes, chairs, stools and such like. The quantity of whale oyl made here one year with another, since my arrival, has been about 6,000 gallons, one third whereof comes clear to me free of all charges, which to be sold here would not reimburse me the 100l. sterling which is deducted out of my salary for the benifit of that ffishery, soe that I am obliged to run the hazard of sending it abroad for a markett. As for any other ffishery, there's none but what is for the supply of the inhabitants. My case is equally as hard in relation to the land I hold, which is called 12 shares, but upon a survey there could be but 9 found, for which I pay 60l. a year sterl., and for the three last years I did not make that summe this country mony, and I affirm that all the rent I recd. for the last half year was but 19l. 12s. 0d., the land being soe impoverished that the tennants are continually aquitting. The Act of Union was published here on Sept. 1, in a most solemn manner. As for Mr. Baron renewing his complaints, I admire att it, haveing been advised that my Lord Bishop of London, as a person concern'd, had acquainted yr. Honble. Board that his Lordship was satisfyed, and on course concluded that matter was over; but I presume before this can arrive, my brother has been with your Lordps., and given full satisfaction how groundless his demands have been on me. He has taken a great deal of pains to prove himself ungreatfull, and to provoke me to expose him. In his last application to your Lordps. he has made an addition by saying I have received the rents of the glebe lands and other matters, by which I know not what he means, but desire he may explain himself; and further goes on that I have procured severall affidavits from persons of ill reputation, highly reflecting on his gown. The examinations taken were by a Committy of Assembly, which, when they were sent to me in Council from the House, I was astonished to hear such proofs of his lewdness, which, as he says, highly reflects on the Gown. My meaning for refering his former petition to the Assembly was that he might have justice done him according to your Honble. Board's Order, for if he had mony due to him, it must have been from the Country, not me, and as for the certificate he depends on, he knows the Council in general refused to signe it, and those four that did was through my desire, but I did not then know his vitious practices. H.M. Additional Instruction relateing to the devolution of Govermt. upon my death or absence has been read in Council and entred on the Council Books. I have received also your Lordps.' of June 26, and shall take all possible care that what powder I lend out of H.M. stores (which has happened but very seldome) shall be repaid by better, that being the chief inducemt. for my soe doeing. As for the letter your Lordps. are in expectation of in my own vindication, it was inclosed in my aforementioned packet sent via Virginia, dated Sept. 22nd, which I then thought was the most expeditious way: the reason I could not perfect it sooner was that the first return the Assembly made in answer to those of Mr. Jones his articles which related to their House, was not soe full as I thought the allegations required, therefore was forced to delay it till an other sitting. But it is now herewith sent, and I hope will demonstrate my innocency, and convince your Lordps. of the barbarous treatment I have mett with, to my very great and constant fatiegue, and expence, in defending myself agt. the calumnies and inventions of Mr. Jones and his party, who[m] have been continually indeavouring my ruine, and to disturb and unhinge this Govermt. And as for my answer to Mr. Nelson's scandalous and rediculous accounts of passages etc., June 13, 1706, I hope noe other is expected than what is incerted in mine Feb. 27, 1706/7. I shall have regard to Sir E. Northey's opinion, relateing to the probate of wills. Your Lordps. remind me of that Clause in my Instructions, which requires me to transmitt the Minutes of Councill, etc., etc. Which paragraph, with submission, I think implys, I have wilfully neglected my duty, to which I answer that the Minutes of Council have not been transmitted (saveing as being sent in my aforementioned packt. via Virginia) but are now herewith inclosed, and as for Journalls of the Assembly, they have twice, but if miscarryed, I can't help that, and hope such accidents are not imputable to me. But I believe they are not lost, for my brother recd. them from me, comenceing from the begining of my Govermt. to Sept. 13, 1706. Also att the same time the Navall Officer's lists of vessells entred and cleared to Sept. 19, 1705, which I desired he would deliver into Mr. Popple's Office, but perhaps by mistake my brother laid them among others papers, and forgot it. I have wrote to him abt. them. And as for the accts. of the Revenue, they have long since been examined and past by the Comittee of Assembly, nominated by an Act for raising a publick Revenue, to enquire into the same (as I have repeatedly mentioned to your Honble. Board), and they were then sent to Mr. Spofforth, the appointed Deputy Auditor, by the Honble. Mr. Blathwayte, to inspect them, but he, being a gentleman often out of order, neglected it, altho often sent to to dispatch them, but they remain'd with him till he died, or near that time, of which I acquainted Mr. Blathwayte, and then I had orders to audit those accts. before me in Council; soon after which Mr. Jones returned here to his posts again, and then the Council refused to sitt or doe any business, nor did till H.M. was pleased to order him home. After his departure, business, which had slept near 17 months, began to revive again, and people were continually pressing and petitioning me and Councel, which took up our whole time to bring the Govermt. into it's due regulation; and now we are upon the publick accts., which will be examined and past for transmission by Col. White and Capt. Tucker, as also the Naval Officer's accts. since his last date, and the Journalls of Assembly to this time, if possible to be done. And as I am under danger of being complain'd of to H.M. for what was not in my power to performe, I desire your Lordps. would please to consider that what part of my Instructions have not been complyed with and regularly transmitted can not be intirely my fault, ffor I can but require of the Secretary and other Officers to prepare me such accts., and when compleated to transmit them. But I am very well satisfyed that more could not be done than has, for the constant disputes and disturbances that have been created by the male-contents, together with the necessary dispatch of daily business of the Govermt., has taken up the whole time of the Secretary, and such help as he could get (myself frequently assisting, after my own letters were compleated), in prepareing transmitts for justification of me and Govermt., and if your Lordps. would be pleased to order your Secretary to report the bulk of papers in the Bermuda press's, your Lordps. will be convinced we have not been idle. Besides, your Lordps. can have but one third of what has been sent, allowing duplicates are preserved, for the same generally goes to the Secretary of State, and also to my brother; soe that there's six copys from the rough draught, and sometimes triplicates have been sent, when miscarriages or interceptions happened, of which the latter has been more frequent than the former. For by Mr. Dummer's course of packet-boats (which he frequently sends me) I have observed that those vessells have arrived safe, that my letters (by advice from Barbados) have been sent in. My Lords, I have had soe much experience of the inveterate malice of my enemys, that they have nor will not leave anything uninvented nor unpracticed, if possible thereby to gain their ends: and further, I have with pleasure been an unwearied slave to H.M. service by my attendance in all weathers, till the ffortifications were compleated, and by teaching and instructing the Militia, my care and pains in which has been soe observable that the Council have prayed and sollicited me to have more regard to my health. But now all those fatigues are over, for the fforts are in such order as to be capable of doeing good service in case of an attempt; and the Militia under that regulation as to have the character of being as good as any in the West Indies. The apprehension (and the consequences) of being represented to H.M. as haveing neglected my duty, obliges me to repeat these things, for it would be heartbreaking to me to be recalled in disgrace, after serveing the Crown both in the fleet and army these 17 years, and was never reproached nor disputed till I was prefer'd to this Govermt., but my enemys' machinations were allways found malitious and self-interested, as I doubt not but they will now be, for those that are my persecutors designe to advance their fortunes by my fall, to prove which two letters have lately arrived here to the male-contents, one I am satisfyed was signed by Mr. Jones, if not both, but the bodys of them were written by Mr. Nitchell his clerk. The contents are to advise them to be of good heart, for that he doubted not but to turn out the Devil, and that Belswager was zealous for the cause, and Jack-in-a-box lay by for the vacancy. The key to this cant was explain'd by one of the party to be thus. The Devil is meant me, Belswager, Parson Baron, Jack-in-a-box Mr. Castleman, who is to succeed me, and they are soe very sure of effecting their designe, that in one of these letters is incerted the names of two persons of great interest and quality, who[m] have promised (as 'tis said) to assist Mr. Castleman therein. But I know those gentlemen soe well that they scorne a dishonorable action. My Lords, I entreat you'l consider how unfair and unpresidented managemt. this is, and then, I hope it will not be thought reasonable such men's allegations should be credited, ffor I defie them justly to accuse me of anything that can reflect on my reputation, either relateing to the trust H.M. has reposed in me, or by being guilty of any loose or vitious behaviour, evil example or doeing anything that was lessning myself in my post, or acting otherwise than became a man and a Christian. I am concern'd I could not answer Mr. Jones his scandalous articulateing letter to your Lordps. in fewer lines then I have. But I pray your Lordps.' patience in enquireing into it, by which I am sure you'l be convinced how monstrous his contrivances have been att any rate to destroy me. I have here inclosed a certificate from Mr. Minors, who was appointed Secretary the whole time of Mr. Jones his suspension, which shows I had no benifit from that office, therefore hope I shall not be made accomptable for the rents, issues and profitts of the same; and I aver Mr. Jones never did demand or desire of me any acct. whatsoever relateing to the Secretary's Office, for he very well knew I had no advantage by it, but Mr. Minors has often told me he threatned to ruine him, which was another motive to me to desire your Honble. Board to direct what should be done therein. Also is inclosed a copy of Greatbatch, his supposed plea to Mr. Jones his declaration, which I hear makes great impression. But I possitively declare, that's not what I ordered to be put in, for I could not be soe great a blockhead to make myself accomptable for what I never recd., for all that I took care of was, to preserve the rent of the land (or as much as I could get of it) that was appropriated to Mr. Jones as Sheriff and Provost Marshall, and to pay it as your Lordps. should order, and for the issues, profitts and perquisites, Greatbatch had them to himself for officiateing and little enough; and to convince your Lordps. that ther's more management in this matter than I can certainly say or find out, inclosed is the affidavit of one Mr. Greatbatch, father to him I put in to be Provost Marshall, whose name is to the plea, but he deposes it is none of his handwriteing, neither did he ever see or know anything of that plea, soe that there must be forgery and villainy somewhere, and how it came into the Office and when, Mr. Jones best knows, for he was Secretary att that time, and the time of entring a plea is always most carefully sett down, but there's none on this, and my reason why this cannot be thought to be a copy of the original plea is, that if issue had been joyned thereon, and the cause had come to a hearing, the action must have abated upon Mr. Greatbatch his denying he knew anything of that plea, and on course Mr. Jones must have given an account to the Court, how that plea came into the office. This business has occasioned reflections from the people, they saying it lies in the power of the Secretary to ruine them, he having the keeping of the Records, and may shift them att pleasure. Haveing made further enquiry concerning the two aforementioned letters written by Mr. Nitchell, I am certainly informed they were both signed by Mr. Jones; the persons who saw them being well acquainted with Mr. Nitchell's and his hand: But Capt. Newnam (to whom one of them is directed) says the word Divil was not in, but that the expression was, he doubted not but to turn out the Duke. Inclosed are the proceedings of ye Governor and Council here, relateing to the sloop Rose, that was seized comeing from Virginia by Mr. Wilcocks, Lieut. of H.M.S. Trident's Prize, for clandestine tradeing, and was carrying her to New York according to his Capt., Capt. Davis his orders: But by the means of one Capt. Jewell, part owner of that sloop and on board, she was brought into this Port against the Lieut.'s will. Att p. 37 begins the observations and remarks of the Committee of Council and others, relateing to the behaviour of Lieut. Wilcocks, att the severall sittings, which I pray (as I have by this opportunity to H.R.H. the Lord High Admiral and to the Rt. Hon. the Earl of Sunderland), may be considered, or the Sea Officers that are of his temper will not only make H.M. Governors of the Plantations very uneasy, but render them contemptible among the people; I also entreat that the Lieut.'s usage of Mr. Thomas Burton, H.M. Attorney Generall, which is noted in the Minutes of the Committee of Sept. 2, may likewise be considered. These proceedings were inclosed in my packett sent to Virginia. Also are now sent two Acts of Assembly (viz.) one for quieting men's estates; the other for impowering Justices of the Peace to hear and determine any debt or difference not exceeding the value of 40s., and are two of the four Acts which Mr. Sollicitor General gives his opinion, in order to get rectified. The other two are now under consideration by the Assembly, and shall be transmitted when past. I have from time to time reminded the House of those Acts and gave them Mr. Sollicitor's opinion, and if nothing would be done therein, I conclude I am not to be blamed. Inclosed is a list of all Acts passed in my time, which I desire may be compared with what has been recd., that I may supply what has miscarryed, and then I hope your Lordps. will have a collection of all Acts in fforce here. Inclosed is a Bill for encouraging the building a house att the Ferry, which passed the Assembly, but stopt when it came to me in Council, because thereby is granted away two shares of Crown land for 31 years, which I concieve is not in my power to consent to, therefore I send it for your Lordps.' considerations. But I believe noe convenient Ferry-house will be built without the encouragemt. therein specified. Also are inclosed proposalls concerning the same. The inclosed applycation from the Assembly, on behalf of Capt. Jewell, was presented to me in Council by a Committee of the House, with the request of being transmitted with the proceedings. By the publick accts. I find some of the Provost Marshall's and Sheriff's rents of land, appropriated to those offices, were received by the Treasurer of these Islands, and by him given credit for to the Crown: soe that I hope it may be a further demonstration when those accts. arrive (which will come by Col. White and Capt. Tucker) that I had noe thoughts of making any benefit to myself when I suspended Mr. Jones. Signed, Ben. Bennett. Endorsed, Recd. May 27, Read June 15, 1708. Holograph. 15 ppv. Enclosed,
1330. i. List of vessels built in Bermuda of cedar since March 25, 1698. 3 ships, 17 brigantines, 217 sloops. Endorsed, Recd. May 27, Read June 16, 1708. 3 pp.
1330. ii. Certificate that Col. Bennett never received any of the profits of the Secretary's Office. Nov. 20, 1707. Signed, Cha. Minors. Endorsed as preceding. Sealed. 1 p.
1330. iii. Deposition of Rowland Greatbeatch, father of D. Greatbeatch, decd. The following plea was put in without his consent or privity, and his name is not in his handwriting. Daniel at that time was at sea. Signed, Rowland Greatbeatch. Dec. 4, 1707. 1 p.
1330. iv. Copy of the plea of Daniel Greatbeatch to the complaint of E. Jones, referred to in preceding. He was never Receiver for plaintiff, but, commissionated by Lt.Governor Bennett in 1703 as Provost Marshall in his place, he paid and accounted for the profits of that office to H.E. Signed, Rowland Greatbeatch. Endorsed, Recd. May 27, Read June 16, 1708. 1 p.
1330. v.–vi. Copy of a Bill to encourage the building a House at the Ferry, with proposals offerred to H.E. in Council by Thomas Attwood concerning the same, Feb. 18, 1706/7. Endorsed as preceding. 2¼ pp.
1330. vii. List of Acts of Bermuda passed during Col. Bennett's Government. Endorsed as preceding. 1 p.
1330. viii. Copy of proceedings of the Council of Bermuda relating to the sloop Rose seized for illegal trade (see supra) and brought by Capt. William Joel [Jewell] to Bermuda against the will of Lt. Wilcocks, after disarming him and his men. Aug. 7, ff., 1707. (a) Lt.-Governor Bennett's Warrant of Search to Daniel Ubanks, Provost Marshal of the Court of Admiralty. (b) Deposition of John Bow, Nath. Shaw and Charles Lucas as to the seizure of the Rose and Capt. Joel's action, as supra. (c) Lt. Wilcocks desired liberty to carry the sloop to New York, according to Capt. Davis' original directions. The Board decided that, the season being hurricane time and the cargo perishable, the sloop and cargo should be valued and delivered to their owners, who should give security in double the value thereof to answer H.M. pleasure therein. The owners to provide passages to New York for Lt. Wilcocks and his men. Capt. Joell to be taken into custody till H.M. pleasure be known. (Aug. 14.) (d) Appraisement of the cargo. (e) The bond of the owners, Wm. Joell, Jno. Trimingham, Nat. Butterfield. (f) Aug. 20. Lt. Wilcocks appeared before the Council and " in a very forward manner " moved that the three mariners (b) should be re-examined, and imperiously demanded whether Capt. Joell's men were taken up, and prevented from leaving the country, according to his message to the Lt.-Governor through Mr. Minors, the Secretary. The Lt.-Governor and Secretary denied that any such message had been received. Lt. Wilcocks swore profanely and refused to apologize. His deposition and those of the said mariners were taken after much obstruction, alteration, and vexatious behaviour on his part. He owned that at his first coming he prayed the Governor to grant a Court of Admiralty, if he would not permit the sloop to go to New York. Capt. Joel declared that he agreed with Lt. Wilcocks for 40l. to call a Court of Admiralty for trying the Rose in these Islands. Mr. Burton, the Attorney General, complained of Lt. Wilcocks' violent and abusive language towards him in public, and of his falsely accusing him of opening his letters. (g) Observations by Anthony White, Michael Burrows and Thomas Brooke, of the Council, Wm. Outerbridge, Judge of the High Court of Admiralty, and Thomas Burton, Attorney. They suggest that Wilcocks wished to avoid taking the sloop Rose to New York, where he knew he would get nothing by her condemnation, but wished to extract more than 40l. from the owners as a consideration for having her tried at Bermuda. The resolution of the Council disappointed him of either carrying her to New York or trying her here, till H.M. pleasure should be known. He then endeavoured to involve H.E. in the affair, and throw the blame on him. Sept. 12, 1707. (h) Deposition of Walter Mitchel that on Aug. 8 Lt. Wilcocks desired the Governor to call a Court of Admiralty. (i, j, k) Depositions of Thomas Burton, Charles Minors, and the crew of the Rose etc. The whole endorsed, Recd. May 27, Read June 17, 1708. 55 pp.
1330. ix. Address of the Assembly of Bermuda to Lt.-Governor Bennett. In favour of Capt. Joel. 29 signatures. Endorsed as preceding. 1 large p. elegantly inscribed. [C.O. 37, 8. Nos. 53, 53.i.-ix.; and (without enclosures) 38, 6. pp. 338–365.]
Feb. 10. 1331. Mayor and Magistrates of Dartmouth to the Council of Trade and Plantations. Repeat complaint as to late sailings of convoys for Newfoundland the last two years, and pray that the fishing convoy sail by March 1st, and the convoy for the sacks by May 31st, from Plymouth direct to Newfoundland. Signed, Thomas Floud, Mayor, and 9 others. Endorsed, Recd. Read Feb. 10, 1707/8. 1 p. [C.O. 194, 4. No. 56.]
Feb. 10.
1332. Lt.-Governor Bennett to W. Popple, jr. Refers to enclosures and enquires whether letter of June 25 was received, etc. Signed, B. Bennett. Endorsed, Recd. May 27, Read June 21, 1708. Addressed. Holograph. 2 pp. [C.O. 37, 8. No. 55; and 38, 6. pp. 376–378.]
Feb. 10.
New York.
1333. Governor Lord Cornbury to the Council of Trade and Plantations. I trouble your Lordshipps with these few lines to acquaint you that, in hopes of yet reaching the mast fleet, I send herewith a duplicate of all the Journalls of the Assembly of New York, since I came into the Province, and the Journall of the Assembly of New Jersey for the two last Sessions. In the last there is the Assembly's Reply to my Answer to their Remonstrance, the Clerk has sent it to me soe lately that I have not had time to make the proper reflections upon it, but I will doe it by the next opportunity, however, I thought it my duty to send the Journall to your Lordshipps as soon as I could, I hope you will not give any credit to their assertions till I can send you my observations upon it, which shall be by the first opportunity. I likewise send your Lordshipps duplicates of severall of my letters, which I have not yet heard whether you have received or not. I have nothing new to acquaint you with, only that a most barbarous murder has been committed upon the family of one Hallet, by an Indian man slave and a negro woman, who have murdred their master, mistress and five children, the slaves were taken, and I immediately issued a spetiall commission for the tryall of them, which was done, and the man sentenced to be hanged and the woman burnt, and they have been executed, they discovered two other negros, their accomplices, who have been try'd, condemned and executed. Signed, Cornbury. Endorsed, Recd. July 30, Read Aug. 17, 1708. Holograph. 1 p. [C.O. 5, 1049. No. 91; and 5, 1121. pp. 317, 318.]
[Feb. 10.] 1334. Jamaica Merchants to the Council of Trade and Plantations. Certificate in favour of Dixey Percival. See following. Signed, Bartho. Gracedieu, Benj. Way, and 17 others. Endorsed, Recd. Read Feb. 10, 1707/8. 1 p. [C.O. 137, 7. No. 75.A.]
Feb. 10.
1335. Council of Trade and Plantations to the Earl of Sunderland. Enclose opinion of Solicitor General (Feb. 2) and Jamaica Merchants (Feb. 10) touching Mr. Percival (Jan. 23). We have no objection to his being Attorney Generall of Jamaica, upon the resignation or death of Mr. Hodgskin. [C.O. 138, 12. pp. 220, 221.]
Feb. 13.
1336. Council of Trade and Plantations to the Earl of Sunderland. Enclose following, to be laid before H.M.
1336. i. Council of Trade and Plantations to the Queen. Repeat Governor Seymour's statement as to the Council of Maryland. Recommend that John Contee, Samuel Young, Thomas Greenfield and Seth Biggs be appointed Members in the places of John Addison, Robert Smith and James Sanders, decd., and of Thomas Brook, to be dismissed for not attending. [C.O. 5, 727. pp. 23–25.]
Feb. 13.
1337. Council of Trade and Plantations to Governor Seymour. Refer to petition of Sir T. Laurence, Jan. 22, Feb. 10, etc. We cannot lay the truth before H.M. untill we are satisfy'd in some particulars, and therefore desire you to return us by the first opportunity an account of what persons kept ordinaries from Oct., 1703 to Oct., 1707, what quantities of tobacco have been paid by them, and how that tobacco has been dispos'd of by your Assembly. Repeat directions as to correspondence Dec. 13, 1706, March 13, 1707. We are the rather obliged to remind you of this matter, for that notwithstanding the above direction, we find that you constantly send your letters for Mr. Blathwayt inclosed to our Secretary which is a charge we will no longer bear; and therefore we expect that you send no letters to our Office for the future, but what are for the service of our Board. [C.O. 5, 727. pp. 20–22.]
Feb. 14.
1338. The Queen to Governor Parke. Instruction as to House-Rent as ordered Jan. 8. Countersigned, Sunderland. [C.O. 5, 210. pp. 85–87.]
Feb. 14.
1339. Governor Handasyd to the Council of Trade and Plantations. I take this opportunity by the Kingston Gally, since H.M. packett boat is not yet arrived, etc. Monsr. Du Cass with nine men of war and one large merchant ship went from Port Lewis about two months ago directly to the Havanna, where he is to stay, as it is supposed, betwixt three and four months from this time. I understand from the Spaniards' report that the mony is come from Lima to Porto Bell in order to be put on board the Galleons. Seven Galleons with one French man of war, severall privateers and other vessells sailed from Carthagene for Porto Bell the fifth of the last month, the other nine they say will not be in a condition to sail till the next year. Mr. Wager has been out and is now going again with all the fforce he can make to endeavour to prevent the Galleons going from Porto Bell to the Havanna: I have been obliged to put on board the men of war 130 men of H.M. Regiment to help to man them, which are all I can possibly spare from doing duty, and I assure myselfe, if the men of war lie undiscovered off the Isle of Pines, and the Galleons come out, they must either take or destroy them. I daily expect recruits for the regiment, in which I hope your Lops. have given your assistance, to put them on board men of war. Our Assembly is now sitting, and I believe will soon have done, they having passed the Quartering Act, the Additionall Duty Bill, and a Bill for the maintenance of prisoners of war: They have made some small alterations in the Quartering Act upon H.M. letter, the particulars I shall be able to send you by the next with the Minutes of the Councill and Assembly. There is now a Bill prepareing, which I am of opinion can never be passed. It intrenches on H.M. Royall prerogative and gives people a right title to Lands they never had any pretentions to; I shall endeavour to send it home by the next packett, tho I intend not to pass it, till I have H.M. or your Lops.' commands. Five or six sloops are returned from the coast with 70 or 80,000l. sterl., the advantages are not very great, but it is putting us into the way of trade again, in making returns again for our manufactures. Nine trading sloops will go out within this day or two to the Spanish coast, but I am very apprehensive, so many will spoil one another's trade. One of our privateers has brought in a small prize, but of very little value, etc. Signed, Tho. Handasyd. Endorsed, Recd. May 27, Read June 21, 1708. 2¼ pp. [C.O. 137, 8. No. 8; and 138, 12. pp. 273–276.]
Feb. 15.
1340. Order of Queen in Council. Tho. Brook is removed from the Councill in Maryland, and Messrs. Contee, Young, Greenfeild and Seth Biggs are appointed to it. [See Feb. 13.] Signed, John Povey. Endorsed, Recd. 4th, Read 5th March, 1707/8. 1½ pp. [C.O. 5, 716. No. 46; and 5, 727. pp. 31, 32.]