America and West Indies
November 1697, 1-10

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Institute of Historical Research

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J. W. Fortescue (editor)

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1905

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4-19

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'America and West Indies: November 1697, 1-10', Calendar of State Papers Colonial, America and West Indies, Volume 16: 1697-1698 (1905), pp. 4-19. URL: http://www.british-history.ac.uk/report.aspx?compid=70937 Date accessed: 27 November 2014.


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November 1697

Nov. 1.
H.M.S.
Deptford,
Cowes.
13. Earl of Bellomont to Council of Trade and Plantations. I have received yours of 26th ult. with three proclamations, which shall be duly published, as soon as I arrive at New York, which is the first place appointed for me. Signed, Bellomont. 1 p. Endorsed, Recd. 3rd. Read 4th Nov., 1697. [Board of Trade. New York, 7. No. 52; and 52. p. 287.]
Nov. 1.
Admiralty
Office.
14. William Bridgeman to William Popple. I have received yours of the 30th ult. with several letters for the West Indies and Newfoundland. Those to the West Indies will be sent by the advice-boat ordered thither; but I return that for Newfoundland, since the Admiralty does not think it proper to send any ship thither at this time of the year. Signed, Wm. Bridgeman. ½ p. Endorsed, Recd. Read 1 Nov., 1697. [Board of Trade. Plantations General 4, No. 72; and 34. p. 195.]
Nov. 1.
Cowes.
15. Receipt of Captain Nicholas Lydston for two packets to be carried to the Governors of Maryland and Virginia. Scrap. Endorsed, 11 Nov., 1697 (sic). [Board of Trade. Plantations General, 4. No. 73.]
Nov. 1.16. Minutes of Council of Montserrat. "Ordered that "whoever is buried hereafter within the church shall pay to the "churchwardens 1,000lbs. of sugar, and defray the charges of paving "it again." Agreed that the Council meet at 9 a.m. in future, and that absent members pay twelve shillings. [Board of Trade. Leeward Islands, 64. p. 526.]
Nov. 1.17. Minutes of Council of Virginia. Order for such Councillors as are Trustees of the College to acquaint their cotrustees of complaints that they have not taken up the land granted by the King on Blackwater Swamp and Pamunkey Neck. Order for the interpreters to report as to the numbers and settlements of the tributary Indians and for the surveyors to report what land the Indians live on; also that no land be surveyed nor settled within three miles of the Indian settlements. On the petition of Joshua Broadbent, it was ordered that his arrears of salary be paid and that his sloop be discharged from the King's service, his seizures while cruising to suppress illegal trade not having answered his expectation. [Board of Trade. Virginia, 53. pp. 101–102.]
Nov. 1.18. Journal of House of Burgesses of Virginia. The Speaker acquainted the House that he had received an account of liquor-duty from the Auditor, but that the accounts of Collector Daniel Parke had not yet been given in. Order for the Auditor to be instructed to obtain Parke's accounts without delay. The returns of two newly-elected members were considered and the elections approved.
Nov. 2.The book of Claims was received from the Council, with a message asking for an allowance to the Sheriff of James City and his officers for their attendance at the General Court. The House agreed to amendments in this sense and returned the book to the Council, who concurred in the same. Report was made to the House that a further account of the liquor-duty had been received from Colonel Scarburgh, and that the Auditor had given assurance to obey the orders as to Daniel Parke. Committee appointed to proportion the public levy.
Nov. 3.The Public Levy Committee presented a report recommending a levy of 16lbs. of tobacco on every titheable person, which was approved; and a bill for a public levy was then passed through all its stages, and sent up to Council, together with sundry orders for payments, for concurrence. The Council having signified its concurrence, the House attended the Governor by his order; and the session terminated. [Board of Trade. Virginia, 52. pp. 312–318.]
Nov. 1.19. Journal of the General Assembly of Virginia. The Council considered the book of Claims and agreed to the same, with the addition of an allowance to the Sheriff and officers of James City for attendance at the General Court.
Nov. 2.Message from the Burgesses agreeing to the book of Claims thus amended.
Nov. 3.The book of Proportions, the Treasurer's accounts, and the public levy bill were received and agreed to; and the Governor then dissolved the Assembly. [Board of Trade. Virginia, 52. pp. 53–56.]
Nov. 1.20. Journal of Council of Trade and Plantations. Mr. Bridgeman's letter of this day as to forwarding of letters read (No. 14).
The Memorial of Sir Henry Ashurst of 29th ult. (No. 7), and the letters from Lord Bellomont and the New York Agents of 28th ult. (Nos. 4, 5) as to disbanded soldiers were read.
Mr. Penn attending desired to know the matters of fact charged against Governor Markham in the matter of protecting pirates. Several depositions were thereupon read to him, to which he answered that Donaldson, against whom complaint was made, had been put in at Newcastle by Governor Fletcher, and that other reputed pirates had settled there in Governor Fletcher's time. He added that he was ready to remove Markham if required. In answer to a question he said that Philadelphia contained about fifteen hundred houses.
Nov. 2.Mr. Nelson brought in a memorial relating to Nova Scotia (No. 21), and said that he was now going to France, and would send further information from thence.
Sir William Beeston's letter of 15 July received and read.
Mr. Penn gave in copies of papers relating to Governor Markham's conduct.
Nov. 3.Governor Nicholson's letter of 31 August last read.
Memorial from the Barbados Agents as to the laws concerning white servants read (No. 22). Order for a representation to be drawn upon the subject of the small encouragement offered by the Colonies to disbanded soldiers to transplant themselves.
Nov. 4.Lord Bellomont's letter of 1st inst. read (No. 13).
Representation as to the transplanting of disbanded soldiers signed (No. 25). [Board of Trade. Journal, 10. pp. 332–337.]
Nov. 2.21. John Nelson to Council of Trade and Plantations. I have received your orders to lay before you my opinions in this present conjuncture of peace with the French. I notice in the 8th Article the Commissioners are to be appointed for the settling of limits or exchange of lands, and determination of differences. For the information of our Commissioners I would offer as follows:— (1) Great care should be taken that the French do not in virtue of the 7th Article (which restores to them Port Royal and the Coast of Acadia) exclude us from the fisheries on the said coasts upon the high seas. This they have formerly endeavoured to do, and on this pretext they have seized several of our vessels in time of peace, the ground of their pretension being what was done by the late Sir Thomas Temple (before the surrender of the country to France in 1670). He built forts and took other measures for protection of the fishery, and received from every vessel sea-fishing (that is to say making or drying fish on the shores) £5. The French were at first contented with the same sum from those that used their coasts, exacting nothing from those that made their voyages on the high seas or wooded and watered in their harbours. But in process of time, according to the caprice of their Governors, they have extended their pretensions to every part of the high seas, and though we never conceded them yet they often made prize of our vessels sea-fishing until at length some provision and redress was made by the Treaty of Neutrality of 1686. Reference should be made to this treaty; but unless provision and settlement be made in express manner and form this matter will be a perpetual cause of disturbance in those parts. It will obstruct the employment of over 1,000 fishermen, to the impoverishment of the Colonies, the destruction of trade, and the diminution of the revenue. It must be remembered that whatever is taken out of the sea by our fishery is so much ready money or bullion imported into the realm from foreign nations. We have justice on our side and likewise all uninterrupted custom and usage from the first settlement in those parts until late years; and though fisheries on the high seas have sometimes been the dispute of nations, yet we find that all claim an equal right to possess what they can get from that unstable element, if without use of their neighbours' shores, etc. To remove all ground of dispute it is of the utmost importance not only to maintain our right upon the high seas, but to establish the mutual privilege of refreshment (such as wood and water) for money for the subjects of each nation on the shores of the other.
(2). Boundaries and trade with the Indians are also most important questions, especially between New York, where the French continually encroach and will encroach on us by the advantage which they have from the rivers and lakes at the back of our Colonies. Though they have no settlements there they pretend to appropriate the sole right of traffic with the Indians, whereby we shall be confined within the narrow bounds of our settlements. Formerly this limitation and pretension were unknown, and our people were free to journey and traffic with all the natives in those lakes and rivers. These privileges should, I presume, be reasserted.
(3). It is most necessary that provision be made for the mutual peace and safety in regard of the Indians, that neither party shall abet the Natives in any war or attempt upon the other, but on the contrary that, on complaint of the suffering party, the other shall consult and agree as to the methods for reducing them to peace. To this end and to remove all suspicions of secret connivance or underhand dealing, the Governors of either nation should be permitted to send or to appoint a person to reside with the other, not only to consult and advise as to the prevention of such mischiefs but to be eye witnesses of the faithfulness of each side's intentions, and to detect and bring to punishment those persons who for their private advantage infringe the regulations that may be agreed to on this subject. These three subjects are of the utmost importance, and I trust that you will represent them as such. Signed, Jno. Nelson. 4 pp. With abstract attached. Endorsed, Recd. Read 2 Nov., 1697. [Board of Trade. New England, 8. No. 129; and 36. pp. 310–317.]
Nov. 2.22. The Agents for Barbados to Council of Trade and Plantations. In reply to Mr. Popple's letter of 26 October last we have no Act in Barbados obliging planters to keep one white servant for every ten negroes, nor after long search through volumes of laws and enquiry from many gentlemen who have been of the Council and Assembly, can we discover that there ever was such an Act. We have no rule to guide us in calculating how many white men are wanting in Barbados to make up the proportion of one white man to every ten negroes, but we guess that there are about two thousand wanting to supply the militia of the Island according to the present establishment. But several of the gentlemen here, who have estates in Barbados, tell us that they have already taken effectual measures (as they think) for supplying their plantations with white men. Colonel Salter, who was for several years of the Council of Barbados, is lately dead in England. Signed, Edw. Littleton, Wm. Bridges, Fran. Eyles. 1½ pp. Endorsed, Recd. Read 3 Nov., 1697. [Board of Trade. Barbados, 7. No. 46; and 44. pp. 106–108.]
Nov. 2.23. Minutes of Council of Barbados. Lieutenant-Colonel Markland sworn of the Assembly. The King's order for reducing late Russell's regiment to a company of 100 men was read, and order was given to Major Garth to proceed accordingly. Militia bill further amended and sent down to the Assembly. Bill for printing the laws read, and order given to the Deputy Secretary to compare the different copies of the laws and revise them, receiving £100 for his trouble. The Assembly brought up the Habeas Corpus and Militia bills, and the last amendments to the Militia bill having been discoursed, the Assembly took it back. The President informed the Assembly of the orders given as to the laws and as to Russell's regiment, adding that the Council designed the frigates to cruise off Martinique but that the ships needed provisions which the Assembly should supply, and that it was intended to fit out a sloop to cruise with the frigates. He asked also if prize-liquors were to pay duty, for if so it would eat out all their value.
Nov. 3.Habeas Corpus bill thrice read and passed. The Assembly brought up the Militia bill, which was read a third time and passed, and agreed to give legal security to such as would advance £200 for fitting out the frigates, and desired that the 112 soldiers, to be formed in a company, might be subsisted for one month. Order for delivery of stores to H.M.S. Bideford. The Assembly brought up an address to secure, up to the value of £300, those who would advance money to fit out the ships of war. Sundry orders as to payments, remission of duty on prize-liquors, and supplies for the frigates. Order for borrowing (with the Assembly's consent) the £300 voted to the late Governor Russell from his executors, for supplying the frigates. Orders for H.M. ships Bideford, Bonaventure and Newcastle to cruise off Martinique and for a sloop to be taken up to accompany them. [Board of Trade. Barbados, 65. pp. 251–255.]
Nov. 3.24. Minutes of Council of Virginia. Order for the discharge of four Indian prisoners in Stafford County, no charge having been proved against them. The petition of John Childs and George Marrable, for patents for land called the Main, near James City, was referred to the King's Counsel for report.
Nov. 4.The Agents of the Governor and Council of Maryland addressed the following memorial to the Governor. A murder having lately been committed by Indians unknown to our Government, we beg you to cause enquiry to be made after those Indians in your Government, as was lately done in Maryland for an Indian murderer who had fled thither from Virginia. There is a notion among the Indians in Maryland that if they commit any crime there they will not be punished for it in Virginia: we beg you to make them sensible of their error. We beg you also to prohibit the sale of powder and ball to the Indians who have left Maryland for Virginia: and the Governor of Maryland will do the like for you. The said Indians have carried away with them and since purchased great quantities of both. We beg you also to send some gentlemen to Stafford County to discourse the said Indians, in the presence of gentlemen to be sent from Maryland, to show them that your government will not protect them, as also to enable the gentlemen of Maryland to make proposals to them. We beg you also to send gentlemen to the fort of the Indians in Virginia to ascertain whether there are any strange Indians among them, their numbers, and whether they have dispersed themselves to hunt, as usual, for it is apprehended that there may be Jesuits or other Frenchmen among them. We beg you also to cause your rangers to settle somewhere convenient towards the head of Potomac River, and to instruct the commanders of the rangers and of the militia of Stafford County to hold frequent correspondence with Colonel John Addison and the rangers of Maryland, who have already instructions to do the like towards your officers. We beg also that you will give orders for the rangers of Maryland and Virginia to agree upon an alarm and to forbear firing or holloaing at night except on occasion. These proposals are submitted to you by the Governor and Council of Maryland with the advice of the Presidential Court, the Grand Jury of the province and several gentlemen lately employed to visit the said Indians. [Board of Trade. Virginia, 53. pp. 102 and 104–106.]
Nov. 4.
Whitehall.
25. Council of Trade and Plantations to the Lords Justices of England. In reply to Mr. Vernon's letter of 13th ult. respecting the settlement of disbanded soldiers, we report as follows. By the original constitution of Virginia anyone arriving there as a freeman (that is to say paying the cost of his own transportation) has a right on his first arrival to fifty acres of land, upon which to seat himself, though we are obliged to add that, owing to irregularities which have long been practised in engrossing all the lands that lie conveniently for trade, any land now falling to the share of a person arriving there would be of small advantage to him. On the other side, labouring hands and in particular handicraftsmen of all kinds are much wanted there and in Maryland, so that beyond doubt all such persons as are willing to work will find employment there and at much higher rates than they would receive in England. In Jamaica the inhabitants during the late war being sensible of their weakness and under continual apprehensions of the French, passed an Act to pay £7 for the passage of any man-servant brought thither, with £1 to the master of any ship that brought them, giving entire freedom to the persons so imported to choose their own employment and make their own terms with employers. But, their fears being dissipated by the peace, it is not to be expected that they will be very willing to comply with this Act, though it remain yet in force. On the contrary though the Agents confessed that Jamaica was capable of extraordinary improvement for the advantage of England, yet the planters there will not now think it their interest to invite others thither (as by the Act aforementioned) to make any improvements beyond what they themselves can manage. The only expectations of advantage for labourers and handicraftsmen of all sorts there is as before expressed, though probably greater than in Virginia, Maryland or any other place. The inhabitants of the Leeward Islands during the late war passed an Act offering 2,000lbs. of sugar (about £10 sterling) for every man-servant that should be brought thither, and empowering the Governor to dispose of such servants among the planters, to serve according to the terms of the said Act and pay the price accordingly. But to this information the Agents have added their opinion that if the regiment which is now there should be disbanded and the two companies in St. Christophers restored out of the regiment, the remainder of the men would stay there and apply themselves to planting. This those Islands esteem the properest supply of men that could be made for them, beyond which they would at present need very few. In Barbados there was passed in 1696 an Act, to continue in force three years, offering the importer of English or Scotch man-servants between the ages of sixteen and forty the sum of £18. The Agents are of opinion that any person transporting himself and offering to serve upon that condition may receive that sum, which, allowing £6 for his passage, leaves £12 for his own use. In New York and Massachusetts there is no settled allowance to encourage persons to import themselves. Wages there, as in all parts of America, are higher than in England, though not so high as in the places already mentioned.
It is our opinion that it may be for the King's service in the Leeward Islands to disband the regiment there, as proposed, and direct the Governor to give all fit encouragement and assistance to such men as are willing to remain there and apply themselves to planting. We think that the same thing is also expedient in Jamaica, as represented in our report of 6 July last. As to the transportation of disbanded soldiers to any other Colony, if the King pleases to be at the charge of it, the most solid encouragement that can be depended on is the gain that may be made by industry, especially in any handicraft employment. The freedom of working is in our opinion more for their advantage than the recompense offered in Barbados and the Leeward Islands for four years' service. But without either such service or that labour we know of no advantage that can be proposed to them from the laws, customs or circumstances of those countries. Of all places, Virginia, Maryland and Jamaica are those which not only afford the fairest prospect to those who shall be transported thither, but where also the labours of such persons will most redound to the benefit of this kingdom. If the King should not please to be at the charge of transporting any disbanded soldiers in this manner, it remains only that those who are willing to be transported as servants for a certain number of years apply to the merchants dealing with the said Plantations, and make their own terms with them beforehand. Signed, J. Bridge-water, John Pollexfen, Abr. Hill, Geo. Stepney. [Board of Trade. Plantations General, 34. pp. 196–203.]
Nov. 4.
Whitehall.
26. Order of the Lords Justices of England in Council. Ordering a copy of a representation of the Council of Trade, relating to the men-of-war that may be henceforward necessary to attend the Islands of Barbados, Jamaica and the Leeward Islands to be referred to the Admiralty for their report. Copy. ¼ p. Endorsed, Recd. 10th. Read 11th Nov., 1697. [Board of Trade. Plantations General, 4. No. 74; and 34. p. 205.]
Nov. 4.
Whitehall.
27. Order of the Lords Justices of England in Council. Approving the representations of the Council of Trade of 2 September and 28 October (No. 3), and ordering Mr. Grey's draft instructions to be prepared for signature, with an additional instruction appointing Richard Scott, Benjamin Cryer, Richard Walter and Thomas Merrick to be of the Council. Copy. ½ p. Endorsed, Recd. 20th. Read 22 Nov., 1697. [Board of Trade. Barbados, 7. No. 47; and 44. pp. 110–111.]
Nov. 4.
Whitehall.
28. Order of the Lords Justices of England in Council. Approving the representation of the Council of Trade that no more members be added to the Council of Barbados till its number be reduced to twelve, and ordering the Council of Trade to guide itself accordingly. Copy. ½ p. Endorsed, Recd. 6th. Read 8th Nov., 1697.
Duplicate copy of the above order. 1 p. [Board of Trade. Barbados, 7. Nos. 48, 49; and 44. pp. 108–109.]
Nov. 4.
Whitehall.
29. Order of the Lords Justices of England in Council. Approving the recommendations of the Council of Trade that the 30 per cent. deduction from the pay of Captains Hide's and Weems's Companies, from their raising to their disembarkation at New York, be not required of them, that an account of the deduction of 30 per cent. since that date be sent to Lord Bellomont for transmission to England, and that the Council's recommendation, for a total revocation of the aforesaid deduction, be laid before the King. Signed, John Povey. 1½ pp. Endorsed, Recd. 6th. Read 8th Nov., 1697. [Board of Trade. New York, 7. No. 53; and 52. pp. 288–291.]
Nov. 5.30. Receipt given by the master of the ship Hope for a packet directed to the President of Barbados. Signed, Thomas Driffield. ¼ p. [Board of Trade. Barbados, 7. No. 50.]
Nov. 6.
Whitehall.
31. James Vernon to the Earl of Bridgewater. Forwarding certain papers, with the Lords Justices' orders that copies be sent to Governor Codrington for his answer to the accusations against him therein, that he be required further to report fully on the proceedings against Captain Arthur, and that Colonel Holt also, if he return to England, be examined as to his knowledge of the matter. Signed, Ja. Vernon. ½ p. Endorsed, Recd. Read 8 Nov., 1697. Annexed,
31. I. Edward Walrond to the Earl of Bridgewater. Antigua, 2 August, 1697. I think it my duty to bring the following matter before you. Captain Robert Arthur, formerly commander of H.M.S. Mary, was cashiered by a Council of War for embezzling the King's stores and would probably have suffered death for the crime had not the gunner (the most material evidence) run to Martinico among the French, whereby his proof was avoided. This Captain Arthur, experienced in villainies, did most abominably abuse King William, as the three enclosed depositions will shew; and on these depositions legally taken by Colonel Henry Holt, of the Council of the Leeward Islands, Arthur was committed to prison. Our Governor, Christopher Codrington (who was promoted by the King's favour to this Government, whereby he has procured a vast estate), patronised this Arthur and prevented him from being brought to due punishment. The manner was thus: Hearing of Arthur's commitment the Governor expressed mighty concern for the same, and immediately ordered Thomas Duncombe, a justice of the peace, to take bail for Captain Arthur. This he did, but to avoid the imputation of neglect requested the Governor's warrant to bring the witnesses from on board H.M.S. Jersey that they might be bound over to prosecute at the sessions. Justice Duncombe avers that he asked three several times for this warrant, but the Governor refused him with some heat of words, saying that he would take care himself that the witnesses should be forthcoming. This pretence, however, was but collusion to stop the current of justice, for, when Arthur was tried, the witnesses were then on board H.M.S. Jersey which was then employed upon some frivolous pretence, which kept her away from the island. Arthur was found not guilty for want of evidence, upon which, perceiving the intrigue, I gave in the enclosed remonstrance to the Chief Judge and the rest of my fellow-justices and desired that it might be read publicly and recorded, which was done. The justices thereupon made strict enquiry how the witnesses were avoided, and Justice Duncombe, in vindication of this conduct, declared the aforesaid circumstances of the Governor's refusing his warrant, otherwise he had been fined severely for his neglect. The Governor then recommended Arthur to Admiral Nevill with a large character for courage and merit, representing that the Admiral would find him very useful in the expedition against Pointis's squadron. But Mr. Yeamans, being present, told the Governor that Captain Arthur could not sail with the Admiral, as he had not yet stood his trial. The Governor said he thought the depositions malicious, whereupon the Admiral very modestly and ingeniously advised Captain Arthur to stay and assert his innocence and then his accusation would redound to his advantage. One of the deponents, Mr. Henry Walrond, also informed the Governor in the face of his Council that Captain Arthur had said that the Governor durst not prosecute him, since he knew and could declare worse things of the General than what had been alleged against himself; and though Arthur was in the town where the Council met when Mr. Walrond said this, yet the Governor never sent for Arthur to examine him as to this so as to exhibit his own innocence. This information of Mr. Walrond was given some time after Arthur's trial, when Mr. Walrond and the two other witnesses were summoned before Council to repeat their evidence in case new matter could be found to bring Arthur to a second trial. This was the Governor's new policy to palliate what he had done before, but it was so apparently hypocritical that it could not have the designed effect but rather aggravated his guilt. Your Lordship well knows that the Governor is above censure, so I remit this account to you to take such methods therein as you think meet; and if you think fit to call me to the attestation of these allegations I shall be ready to confirm them by oath. As a further test of Governor Codrington's misgovernment it is observed that his most intimate friends and councillors are Jacobites, as Mr. Palmer and Colonel Charles Pym, who are in especial favour with him. You will doubtless be amazed to hear of such ingratitude in Governor Codrington after the favour and trust given to him by the King, but when men put their whole confidence in the things of this life, it is no wonder that they are so wavering in their opinions, for the heart of man is deceitful beyond expression. I regret to trouble you with a matter of this kind, but how otherwise shall I escape the censure of being deemed one of those who, if they are not with the Government, are against it? I beg therefore that you will hold no sinister opinion of me on this account, for I am zealous for nothing but the honour of the King's Government. Signed, Edward Walrond. 4 pp.
31. II. Deposition of Richard Pickstock, 19 Feb. 1696–7. That in December 1696, he heard Captain Arthur use the following language, viz.: that King William's confederacy with the Duke of Savoy and other princes was only to the impoverishment of the Kingdom; that the Duke of Savoy was now reconciled to the French King by marriage, and had lately sent to demand two millions and a half of money from King William to pay the cost of maintaining his army against the French during the past two years; that the King thereupon ordered a bill to be paid by the City of London, to which the City replied that it was already so much impoverished that it could not and would not pay it, whereupon the King was forced to draw a bill upon the States, which after much scruple was at last with difficulty paid; likewise that King William had never done good to the Kingdom since he came to the Crown, and had carried off all the plate and furniture from Whitehall to Holland.
Deposition of Henry Walrond, of same date. I heard Captain Arthur say that since King William had come to the Crown of England he had done no good, for God's curse hung over him for taking it from his father to whom it justly belonged; that the King under pretence of making war against France had carried away all the money from England to make a bank in Holland, was building a finer house in Holland than Whitehall, had carried thither all the plate and furniture from Whitehall, and after making peace with France would make war with the Crown of England.
Deposition of Clayborne Haselwood, of same date. I heard Captain Arthur say, damn King William, he never did any good to England since he came to the Crown, only robbed the nation to make a bank in Holland, so that the nation might be so poor and disabled that it could not stand up in war against him. Copies. 1 large page.
31. III. Remonstrance of Henry Walrond to the Justices of Sessions. My duty to my King and Country compels me to speak. Shall crimes against the Governor be prosecuted with so small industry and the offender be censured in no proportion to the crime, as in Mr. Weaver's case, and yet suffer the King's honour to be traduced and the delinquent to pass unnoticed? Such proceedings may produce ill effects, for if our sense of allegiance will not move us to vindicate the King's reputation, at least our sense of gratitude should do so. I need not repeat the King's care for these Colonies, not only in obstructing the enemy's attempts but in enabling us to offend them. We may without flattery call him our guardian angel, but let us not give him occasion to withdraw his favour from us. This is the Englishman's time of trial; let us quit ourselves with loyalty for our self-preservation and not trim with the Government for fear of a revolution, but heartily support the present reign by discouraging both foreign and domestic enemies. This is surest testimony that we are zealous for our country's good. I remonstrate this to your consideration as this case of Captain Arthur requires, who through the neglect to bind over the witnesses against him has avoided condign punishment for seditious language. Copy. 1 p.
31. IV. Copies of certain orders of Governor Codrington. Order to Captain Bugden, of H.M.S. Jersey, 3 April, 1697. To secure and keep Henry Walrond on board, that he may be forthcoming to answer for several complaints of injustices committed by him on board H.M.S. Jersey.
Another order of the same to the same, 8 May, 1697. To deliver Henry Walrond to the Provost Marshal of St. John's to answer and satisfy his creditors.
Copies. Inscribed, These orders were procured from the Governor by the desire of Mr. Walrond's creditors. After he had given the said creditors satisfaction, the Governor took no further steps that Mr. Walrond should be bound over to prosecute Captain Arthur, and he was therefore dismissed. 1 p.
31. V. Deposition of Henry Walrond. Antigua, 26 July, 1697. At the end of May I was summoned together with two other witnesses before the Governor, to give my evidence anew against Captain Arthur, when having nothing new to allege against him, I told the Governor that Arthur had said that the Governor durst not prosecute him, for he could prove that the Governor had said and done worse things against King William than what was deposed against him. On this the Governor only said that Arthur was mad. 1 p. [Board of Trade. Leeward Islands, 5. Nos. 60, 60I.–V.; and (without enclosures) 45. p. 103.]
Nov. 8.
Whitehall.
32. Order of the Lords Justices of England in Council. A report from the Admiralty, dated 6 November, was read, agreeing with the recommendation of the Council of Trade that one fifth-rate man-of-war be appointed for Barbados, one fifth or sixth-rate for the Leeward Islands and a fourth-rate and a sixth-rate for Jamaica. Ordered accordingly. Copy. 1 p. [Board of Trade, Plantations General, 4. No. 75; and 34. p. 206.]
Nov. 8.
Admiralty
Office.
33. J. Burchett to William Popple. Pray remind the Council of Trade that they have not yet informed the Admiralty whether they propose any alteration of the numbers or rates of the ships attending New England and Virginia. Signed, J. Burchett. ¼ p. Endorsed, Recd. Read 10 Nov., 1697. [Board of Trade. Plantations General, 4. No. 76; and 34. p. 203.]
Nov. 8.34. Journal of Council of Trade and Plantations. Lord Bridgewater gave in Mr. Edward Walrond's letter of 2 August, with its enclosures, containing complaints against Governor Codrington, the whole being covered by a letter from Mr. Vernon of 6th inst. (No. 31). Order for copies to be sent to Governor Codrington for his reply.
The Orders in Council of 4th inst. relating to Councillors in Barbados (Nos. 27–29) and the deduction from the pay of the forces of New York were read. Order for a letter to Lord Bellomont to be drawn, in accordance with the letter.
Nov. 9.The Board was occupied with the business of the Irish linen manufacture.
Nov. 10.Mr. Burchett's letter of 8th inst. read (No. 33). Orders given to the Secretary for his reply thereto (No. 38).
Letter of this day's date to Governor Codrington signed; and order given to the Secretary to write to him likewise on the subject of correspondence (Nos. 39, 40).
Sir William Beeston's letter of 27 January last read. Ordered that in the next letter to Governor Codrington he be directed to send intelligence from time to time to Jamaica. The papers enclosed by Sir William Beeston were then considered.
Nov. 11.Two Orders in Council of 4th and 8th inst. as to men-of-war for the West Indies were read (Nos. 26, 32), and a postscript added to the letter to Governor Codrington accordingly. Mr. Hutcheson, Governor Codrington's Agent, asked for a sight of the complaints against him, which was granted.
Mr. Penn's letter of 9th inst. read (No. 35). Order for his reply to Governor Nicholson's answer to the Pennsylvania merchants to be communicated to Governor Nicholson, and for the paper of queries as to the Act for Regulation of the Plantation Trade to be returned to him, as things not proper for this Board to undertake the explanation of.
Nov. 12.Mr. Stoughton's letter of 30 September last read.
Colonel Quarry attending, reported that the Commissioners of Customs had shown some displeasure at his referring to this Board matters which belonged to their province. The Board accepted his offer to send information from Pennsylvania, for which he was now departing.
Letter to Lord Bellomont as to the pay of the New York forces, signed (No. 44). [Board of Trade. Journal, 10. pp. 338–347.]
Nov. 9.35. William Penn to William Popple. The enclosed papers await the perusal of the Council of Trade. The queries seem to need a private answer, and I beg—since the law of 10 per cent. is returned to the Attorney General after being reported injurious to trade, by which means (the fleet proceeding in a few days) we may be liable to great oppression in Maryland—I beg that the Council of Trade will intimate to Governor Nicholson to forbear that practice upon us, because the law will not have the King's approbation here. I have forborne the noisy attendance of twenty or thirty merchants with an address against it, hoping the Council of Trade will think it reasonable to do something by this opportunity, or it must lie by these six months for aught I knew, for so the Attorney General tells me that the rest [of the laws] must before he can despatch them, which to us would be a great delay of justice. Signed, Wm. Penn. Holograph. Memo. The paper of queries above mentioned were returned to Mr. Penn on 11 Nov., 1697. 2 pp. Enclosed,
35. I. A reply to Colonel Nicholson's answer to the Pennsylvania merchants' petition. The first part of the answer denies the premises, for if we have free passage of allowed commodities, paying only such dues and customs as were or should be imposed by the laws of England to Pennsylvania, then no law of any province under the Crown of England ought to obstruct the free passage of such goods as have already paid in England, in their passage to the province they are consigned to and have already paid to go to. Nor is it the practice of any nation to require such dues except those where the goods are consigned and sold. So that the law of Maryland does not make it the more lawful because it is not the law of England, but injurious to its trade as well as to the people of Pennsylvania. The second and third branches require no other answer than that we claim freedom by a use that is all over America, and which Maryland cannot of right break, for it is expressly against a clause of privilege in Lord Baltimore's patent to all the King's subjects that shall make that province their way to others which they inhabit. And if the Pennsylvanians carry away any of the growth of the province without payment of that which is required by the laws of the province, it is the duty of the officers of the Government to prevent it, which may be done without involving and bringing the growth of England under the same custom with the growth of the province. As to the fourth branch, we cannot understand how we prejudice the trade of Maryland by bringing English goods to Pennsylvania in ships bound to Maryland for tobacco. If they are aggrieved by our importing our own growth amongst them they may forbid it, as they have done our beer though they often want it to furnish the homewardbound fleets, having little or none of their own make; but that can be no argument why we must not bring English goods through Maryland to another of the provinces; nor does Governor Nicholson treat New York at the same rate, though as much under the lash of the law as we are, which is a partiality added to illegality. To the fifth branch, we reply that Lord Baltimore's patent gives no power to lay impositions upon English goods not bound for the province, but through it to another province under the Crown of England. To the last branch we need only say that Governor Nicholson's commission cannot invalidate former grants, as is observed by him in his fifth branch, nor authorise him to make laws against the trade and good of England nor the common privileges of another province; so that the power of law-making, urged by the paragraph in excuse of this law, cannot excuse an abuse of such a commission and authority, for which reason we pray we may be relieved from so intolerable a grievance. 2¼ pp.
35. II. Copy of a letter from Samuel Carpenter to William Penn, 30 July, 1697. Your letter required an answer to complaints objected against this Government in England on account of prosecutions, for the King, protecting of pirates, &c. As to the prosecutions we know of no failure on our side, but on the contrary there have been zealous prosecutions on the King's account, and condemnations obtained. As to the privateers, as soon as information was given our magistrates caused such of those named in the proclamation as were in this place to be apprehended; and they are now in close prison. We have sent their examinations herewith to thee; how they will be further proceeded with we cannot tell, their crimes having been committed super altum mare, where we are of opinion that our province Courts have no jurisdiction; and we are most of us of opinion that the Governor cannot grant a special commission for the trial without encroaching on the jurisdiction of the Court of Admiralty. By this thou mayest perceive that we labour under a burden which should necessarily be removed. We therefore desire thy consideration and care of the matter and thy speedy answer concerning it, though we think it will come too late for this particular case, supposing that Governor Markham will take some course to try them. A fuller authentic answer to thy letter we cannot now give, but hope we may very speedily, if not prevented by thy speedy coming hither, which we hope and earnestly desire for thy good and our comfort and the prosperity of the Province. Signed, Sam. Carpenter [added in Penn's hand] on behalf of the most eminent for estate and employment in that province. 1½ pp. The whole endorsed, Recd. 10, Read 11 Nov., 1697. [Board of Trade. Proprieties, 2. Nos. 3, 3I., II.]
[Nov. 9.]36. Memorandum of receipt of the above letter. [Board of Trade. Maryland, 3. No. 44.]
Nov. 9.37. Minutes of Council of Virginia. Colenel Thomas Tench brought a paper of proposals from the Governor of Maryland (see No. 24), of which, by his request, consideration was deferred until to-morrow.
The papers from Maryland being considered, it was resolved that it is not desirable to make enquiry after or proclamation against undisturbed persons; that the report in Maryland, that the Indians hold that they will not be punished in Virginia for crimes committed in Maryland, is groundless; that the prohibition to sell arms and ammunition to particular Indians is neither advisable nor available, and that the Council see no cause to send any gentlemen to the said Indians; that the commander of the rangers on Potomac have long been instructed to correspond with Colonel Addison; that the general alarm of Virginia is the firing of three guns at convenient distances, and that any disorders at night are punishable. Ordered that a copy of the present resolutions and former orders be sent to the Governor of Maryland. [Board of Trade. Virginia, 53. pp. 103–107.]
Nov. 10.
Whitehall.
38. William Popple to J. Burchett. In reply to yours of 8th inst. the Council of Trade, having neither been informed what ships of war now attend New England and Virginia nor having received application from any persons concerned in those Plantations, has nothing to offer you on that subject. [Board of Trade. Plantations General, 34. p. 204.]
Nov. 10.
Whitehall.
39. Council of Trade and Plantations to Governor Codrington. We have heard nothing from you since our former letter of 2 July, and have no information to give you except of the death of Colonel Hill and the appointment of Captain James Norton to be Lieutenant-Governor of St. Christophers in his place. What chiefly concerns this letter is only a letter received by the Earl of Bridgewater from Mr. Edward Walrond, dated 2 August last, and containing several complaints against you. We send you copies thereof for your answer thereto, and you will give us a full account of the proceedings taken against Captain Arthur. Signed, J. Bridgewater, Ph. Meadows, John Pollexfen, John Locke, Abr. Hill, Geo. Stepney. P.S.—The Admiralty have received orders to send a fifth or sixth-rate to attend your Government in time of peace. [Board of Trade. Leeward Islands, 45. pp. 104–106.]
Nov. 10.
Whitehall.
40. William Popple to Governor Codrington. Forwarding a ream of ruled paper, with instructions as to the future conduct of correspondence. [Board of Trade. Leeward Islands, 45. pp. 107–108.]
Nov. 10.41. Minutes of Council of Massachusetts. Orders for payment of £99 for sixteen field-carriages for guns, of £45 to Chirurgeon John Cutler for cure of sundry sick and wounded seamen and soldiers, of £5 for incident charges, of £70 to Secretary Addington for his extraordinary service last year, of £6 to Addington Davenport, Clerk of Assembly, of £20 to the owner of a negro who was impressed and died on board ship, of £20 for disbursements in farming out the excise, and of £10 to Nathaniel Byfield and others for their visit to the troops in the Eastern parts of the province. On consideration of the subject of the convoying of the salt-ships to Salt Tortudas, it was advised that H.M.S. Orford having but one deck be not employed on the service. [Board of Trade. New England, 49. pp. 123–127.]