America and West Indies
December 1701, 2-5

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Institute of Historical Research

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Cecil Headlam (editor)

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1910

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630-659

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'America and West Indies: December 1701, 2-5', Calendar of State Papers Colonial, America and West Indies, Volume 19: 1701 (1910), pp. 630-659. URL: http://www.british-history.ac.uk/report.aspx?compid=71584 Date accessed: 30 July 2014.


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December 1701

Dec. 2.
Virginia.
1040. Governor Nicholson to the Council of Trade and Plantations. It is a very extraordinary great trouble to me that I can not now send your Lordships an account of the Assemblys having comply'd with his Majesties Royall Commands to me of January 19, 1700/1, about New York etc., but I thank God I am not conscious to myself that I have been wanting in my bounden duty to his Majesty in that affair, or of not using my utmost endeavours with the Assembly for putting this his Majesty's Colony and Dominion in a posture of defence for the security thereof, according to his Majesties Royall Commands of the 4th of March 1700/1. According to your Lordships' direction of August the 21st, that things of one nature might be together, I have had a separate Journal made of all the proceedings of Council and Assembly concerning the fortifications and defence of the country and New York etc., and H.M. commands concerning New York, wch. I hope will be satisfactory to your Lordships. But I beg leave to assure your Lordships, that tho' the Assembly did in no sort comply, neither about New York, nor buying Arms and Ammunition etc., yet I will endeavour what in me lies to assist H.M.'s Province of New York, and to secure this H.M.'s Colony, and I hope God allmighty will enable me to discharge my duty therein.
The Honorable Collonel Robert Quary was here when our Assembly was sitting, and if your Lordships please, he can give you an account of the discourses he had with several of the Assembly, and likewise of what observations he made. I have fully discoursed him about these affairs, and beg that your Lordships would let him give you a true and perfect account thereof: for I am very well satisfyed he can and will doe it faithfully. I thought it absolutely necessary for his Majesty's service to send some person of this Country to wait upon your Lordships; in order, if you please, to give your Lordships a just and full relation of all our circumstances etc. And none of the Gentlemen of his Majesties Honourable Council being willing to undertake it; I could not think upon, nor find any fitter man than Mr. Dionysius Wright, Clark of his Majesties honourable Council here and one of the best Lawyers we have (Mr. Benjamin Harrison and he being generally esteemed the best, the other few we have being not much regarded) and he now (God willing) is designed along with Col. Quary in H.M.S. Shoreham. If your Lordships please to take my word on his behalf, I dare venture to answer for his zele for his Majesty's interest and service, and for his abilities, your Lordships will be the best Judges, if your Lordships please to order him to wait on you, and give you either a verbal or written account: for I have likewise fully discoursed him on all affairs. And he having been Clerk of the Council as also of the Council in Assembly, if your Lordships meet with any difficultys in those Journals, or other proceedings (for I am afraid your Lordships will find many) he may be able to make them more plain, as likewise to answer questions. The Council having joynd with the Burgesses in an Address to his most Sacred Majesty, and for appointing Mr. Wm. Bird to be their Agent, is one reason for my sending Mr. D. Wright who is an old Englander, and hath lived here about 30 years in diverse capacitys, and I think knows the humors of the people and the several interests of the Country very well; but more particularly what hath been transacted of late in the Assemblys, Councils, etc.
With submission I humbly propose that no incouragement be given to the Council and Burgesses their Address to his Majesty, nor to their Agent in this Affair: not that I have, I doe assure your Lordships, any ill will or aversion to Mr. Bird, but to the business that he is designed to be employed about. For I doe heartily wish that at least the first time he had appeared as an Agent etc. it might have been not to have presented to his most sacred Majesty a very long Address consisting of negatives to his royall Commands. If they succeed in this Address, I have reason to believe that whatever commands shall come from his Majesty of the like nature, they will in the same manner be denyed; and it may cost more (as this affair hath done) in the long sitting of an Assembly, and employing of an Agent, than what his Majestys commands should be done. My humble opinion is, that H.M. would be pleased to signify his royall displeasure and disapprobation of what the Assembly hath done concerning his royal Commands relating to New York; and securing this H.M.'s Colony and Dominion; and order or command them upon their Allegiance, to comply therewith: And I hope in God that they will then doe them: For there may be laid upon every hogshead of Tobacco 6d.: nay it will bear 12d. the Hoggsheads of sweetscented Tobacco, weighing from six hundred to a thousand, and the aronoko from 5 to 8 hundred pounds: and that 6d. or 12d. may be collected with no more charge upon it than 10 Per Cent., as the Dutys upon Liquors, Slaves and Servants, which said Dutys will also bear 25 or 50 Per Cent. more.
One of the great misfortunes that this Country lives under at present, is that the Assembly cannot, or will not be made sensible of the necessity of assisting his Majesty's Province of New York with money or men, or that they are in any danger of being attacked by the French, either by sea or land; for the Country consists now most of Natives, few of which either have read much or been abroad in the world: so that they cannot form to themselves any Idea or Notion of those things (tho' in point of Trade and of Plantation Affairs they are generally very knowing). But they are very sensible of the weak and defenceless condition of the country in respect of their Militia, which they own to be composed of undisciplined and unskilfull officers and soldiers, and which to my great grief and sorrow I have found too true, as likewise the great want of Arms and Ammunition, both for the Militia, and for publick stores. So I am in hopes that your Lordships will be pleased to move his most Sacred Majesty that the firemasters, Arms, Ammunition etc., which are desired by H.M.'s honorable Council and myself, as your Lordships may please to see in the Journal of the Council, may be sent hither; and the charge thereof may be defrayed out of H.M.'s quit-rents, if your Lordships think proper. And it may be signified to the Council and Burgesses that it is upon their having presented H.M. with 420l. sterling for and towards defraying a charge accruing upon taking a Ship of Pyrates etc. as 'tis in their Address to the King of October 27, 1700. And I herewith also inclose another Address to the King of the same date and signed by myself, H.M. Council, and the Gentlemen of the house of Burgesses: and this may be an incouragement for them to comply with his Majesty's royall Commands about New York, or any other of the like nature, when they see that upon their compliance H.M. would be graciously pleased to assist them, for I find nothing but ocular demonstration will convince them of anything. Refers to enclosures, by which your Lordships may please to see how very badly they are provided with Arms and Ammunition, and that I have not yet the lists from Stafford and Surrey, nor of the Dragoons and Foot of New Kent, tho' I have sent several orders to the Collonels and Commanders in Chief thereof. I dare venture to assure your Lordships I don't believe that a quarter-part of the Militia (and that quota must be brought from all parts of the Country) both in respect of men, Arms and Ammunition, can be drawn out fit to oppose an Enemy. As for the Officers, none or very few were ever in any Ingagement, neither the Soldiers: for even in Bacon's time they seldom stood above one or two volleys, but either one part or the other went away: But that fighting was with one another; and there was no great difference in the Officers and Soldiers in point of courage, conduct, Armes and Ammunition. I do not know any one man in all respects proper to command 7 or 800 men, no not half that number, either to attack an Enemy, or defend any place; so if please God they should land such a number, they may spoil or destroy all or most of the plantations upon the rivers, and on the Bay-side, and likewise on the Eastern shore, which lie commonly in Necks, being great tracts of land, and have single plantations which belong to the principal Inhabitants: but their famillys consist mostly in Negroes and Servants, and they have stocks of Cattle etc. These Necks have for the most part on each side of them either Creeks, swamps or marshes, and reach up into the Country sometimes a mile or two from the rivers; so that there is no marching of men along the rivers' sides, in order to the hindering an Enemy's landing. And as for attacking them upon the water, here are no sorts of proper boats in the Country, except the shipping should be here, and they would be lyable to be destroyed by the Enimy, there being no place in the Country to secure them. And I think no place can be made to do so; except at Tyndals point, and the other side of York River: But to fortify it, there must be an Engineer, and I suppose it would cost at least 5 or 6 thousand pounds sterling, and then would be only proper to secure the ships that could get above that Fortification, and secure the Plantations in that River, from being attacked by water. For if please God that a squadron of an Enemy's ships should come and ride in the Bay by new point Comfort, it's the most convenient place in all the Bay, being it lies to the Norward of the mouth of York River, nigh the centre of the Country by water: and 6 or seaven leagues to the South thereof may be seen what ships or vessels come in at the Capes. It is the narrowest part of the Bay, and the best place to anchor in, and if they can send seaven or eight hundred men in proper boats, they may destroy the Plantations before-mentioned. And if this should be done between the latter end of May and the same time in 7ber, and they stay but a month or 6 weeks at farthest, the crops of Tobacco may be spoyled, being it's of such a nature that it requires allmost daily attendance: For if such a thing happens, which God forbid, I am too sensible that the Country would be very extraordinarily alarumed, if not affrighted, and put into a hurrey, if not confusion: and the Militia must be raised: by which the crops will be neglected; and 'tis to be feared that the Servants and Negroes would take that opportunity to rise, when the Militia is marched to the Bay and River's sides: And that would be of more fatal consequence than the other: for even the subduing of them would be a loss either to the Publick, or to particular men. These, and things of the like nature, I have fully discoursed in Council, and made them sensible thereof: and Coll. Quary and Mr. Wright can inform your Lordships more particularly about them. But this is with all deference to your Lordships' better judgements, as likewise what I now propose, viz.: that a suitable squadron of men of war may cruise upon these Coasts, which I think they may do from the beginning of April to the latter end of October: for there is no great fear of an Enemy's coming upon these Coasts the other part of the year. Such a squadron I humbly conceive, may secure all H.M.'s Empire in this Continent of America: nay even the Bahama Islands, Bermudas, and Newfoundland. They may either touch at the several places, or send a light Frigot or tender to them for intelligence. And if the Enemy should attack any one or more of the Countrys in the several Governments on the Continent, there may be an account thereof sent to the rest, so that they may be upon their guard, and give notice to the squadron of men of war in their parts: And if the Bahama Islands, Bermudas and Newfoundland, yet I hope they may be able to send an account thereof to some place on the Continent, and may be in their voyage thither may meet with the squadron. I am of opinion that if such a squadron was ordered for these parts, the Enemy would not venture to attack any place on the Continent, nor the three foresd. Islands, for fear our squadron might find them whilst they were attacking any of the foresaid places. Signed, Fr. Nicholson.
P.S.—I beg leave to observe to your Lordships that Princess Ann County in which is Cape Henry, is pretty large, and the Inhabitants dispersed, and there are but 341 of the Militia, including Officers, and but badly armed. Norfolk, the next County above it, is much such another in all respects. Elizabeth City County, in which is old point Comfort at the mouth of James River, and one of the most likely Counties for an Enemy to land in, is very small and hath but 163 in the Militia, including Officers, and they are but badly armed. Warwick County, next above it, is somewhat long but narrow, and there are but 248 in the Militia, including Officers, and they are but badly armed. The Eastern Shore is about 100 Miles long, but narrow, with a great many small Rivers and Creeks on both sides of it. Northampton County, in which is Cape Charles, hath but 315 in the Militia, including Officers, and they badly armed. The Upper County on that Shore is Accomack, in which there are but 312 Militia, but they are indifferently armed. But the Honble. Collonel Charles Scarborough told us in Council that there were 100 and odd men more, but they had no arms so he did not return them in the list. The uppermost Countys on the several Rivers, tho' they are commonly the largest, and have the most Militia in them, yet they are very long and the Inhabitants, especially in the upper parts of them, live very stragling. Henrico, which lies on both sides James River, hath 400 Militia, including Officers, and are indifferently armed. New Kent on the South side of York River no return of any Militia but of the Virginia Troop, in which only 129 Horse, and 12 Officers; but suppose there may be 346, Officers included. King and Queen, on the North side of York River (in which at present is Pamunkey Neck), hath 921 Militia, including Officers, the most of any County and indifferently armed. Essex, on the South Side of Rappohanock River, hath 449 Militia, including Officers, but indifferently armed. Richmond, on the North side Rappohanock River, hath 599 Militia, including Officers, but indifferently armed. Stafford County, on the upper part of Potomock, no return for Militia, but last year there were 245, and I suppose they be about 400, I am afraid but indifferently armed, and about 60 Miles of the upper parts of it lies away from Virginia; tho' it has no inhabited frontiers; and that is the County where commonly mischief is done by the Indians. So that your Lordships may be pleased to see that our Frontiers by land are but in a very bad condition if, please God, we should be attacked by 7 or 800 French and Indians: For 'tis to be feared that they may ruine and destroy the upper parts, before we shall be able to march a competent Force to attack them. But notwithstanding we are in so ill a condition both by our sea and land Frontiers etc., yet I hope God allmighty will be pleased to enable me to discharge my duty in venturing my life to protect and defend this his Majesty's Colony of Virginia. Signed, Fr. Nicholson. Endorsed, Recd. Jan. 31, Read March 26, 1702. 7 pp. Enclosed,
1040. i. Abstract of preceding. 3¼ pp.
1040. ii. (a) Loyal Address of Governor, Council and Assembly of Virginia, to the King. Dec. 27, 1700.
(b) Address of the Council and Assembly to the King.
Dec. 27, 1700. Setting forth the very low and needy circumstances of the Colony, being engaged in many public debts and charges, and praying for a grant from the Quit-Rents towards carrying on the building of the Capitol, the revisal of the Laws and building a Governor's House etc. Signed, Peter Beverley, Speaker. Endorsed, Recd. Jan. 31, 170½. Copy. 3 pp.
1040. iii. List of Enclosures. Same endorsement. 2 pp.
1040. iv. Abstract of Militia in the Counties of Virginia, Totals, Horse, 2,123, Foot, 6,016. (No date.) Signed, Dionisius Wright. Same endorsement. 1 p.
1040. v. Abstract of the Lists of Militia of 13 Counties of Virginia, 1699. Totals, Horse, 1,014, Foot, 3,236, Officers, 375=4,625. Same endorsement. 1 p.
1040. vi. Abstract of the Militia of seven counties for 1700. Totals, Horse, 664, Foot, 1,855, Officers, 210=2,729. Same endorsement. 1 p.
1040. vii. Abstract of Militia of 22 counties of Virginia, 1701. Totals, Horse, 2,117, Foot, 6,435, Officers, 363=8,915. Same endorsement. 1 p.
1040. viii. List of every fifth man drawn out of the Troops and Companies of Virginia. Totals, Horse, 435, Foot, 1,115. Signed, Dionisius Wright. Same endorsement. ¾ p.
1040. ix. Abstract of the arms and ammunition in Virginia for public use, and of what is to be exposed for sale. Same endorsement. 2 pp.
1040. x. Abstract of the tithables and untithables in the Counties of Virginia. Totals, Tithables, 20,634. Untithables, 34,700. No date. Signed, Dionisius Wright. Same endorsement. 1 p.
1040. xi. Abstract of the Tithables and Untithables in the Counties of Virginia, 1698, 1699.
1698.1699.
Taxables.Untaxables.Taxables.Untaxables.
HenricoCounty6997241,498
Charles City"1,0521,2602,639
Surry"6626641,350
Isle of Wight"7327811,985
Nansemond"7757811,790
Norfolk"6746841,572
Princess Ann"6466201,351
Elizabeth City"427453735
Warwick"463474888
York"1,0937381,171
James City"1,0841,0591,701
Kent"1,0561,1162,056
King & Queens"1,4831,6642,642
Gloucester"2,3262,5143,216
Middlesex"764658883
Essex"8711,0181,584
Richmond"1,0361,2621,278
Northumberland"9971,088931
Lancaster"6368691,224
Westmorland"8879361,605
Stafford"6797081,152
Northampton"6156811,369
Accomack"8668541,814
——————
Totall20,52321,60636,434
Same endorsement. 1 p. [C.O. 5, 1,312. Nos. 19, 19.i–xi.; and (with enclosure xi. only) 5, 1,360. pp. 113–128.]
Dec. 2.
Virginia.
1041. Governor Nicholson to the Council of Trade and Plantations. I doe most humbly beg your Lordships' pardon for not having written to your Lordships and sent the severall Journalls, publick papers etc. and the laws passed the 5th October, 1700, last Winter, nor in the Spring, but my severall Illnesses etc. (though now thank God I am perfectly recovered) were the causes. But I desired Mr. Commissary Blayr to write to your Lordships' Secretary, Mr. William Popple. And your Lordships may please to see No. 1. the reason why I did not send them with my letter of June 24 last. If in these affairs I have done anything to yr. Lordships' dissatisfaction, I am heartily sorry for it; but hope in God that yr. Lordships will be pleased not to attribute it to any willfull omission or neglect, or any the least sinister design of mine. I have an Account (thank God) that every ship and vessell yt. were in the fleet, which I dispatched to you last, were all safe arrived in England: for we were in these parts extreamly fearfull and apprehensive of some of them; for the great loss this Country sustained the last War, was in the beginning thereof. I have had the honour to receive yr. Lordships' letter of June the 22d concerning the irregularities and misdemeanors that have been long practiced in his Majesty's Plantations and Proprietor and Charter Governments etc., all which is most certainly true, as are likewise your Lordships' observations relating to the Proprietor Governments in America. And I am heartily sorry and concerned the Parliament hath so much business that a Bill concerning them was not pass'd, but I hope in God it will this Sessions. The Honble. Coll. Robert Quary about two months ago touched here in his way home from South Carolina, and he told me of several very irregular proceedings about illegall trade in those parts, as likewise concerning H.M.'s Court of Vice-Admiralty. I then discoursed him about going for England, in order to give your Lordships a true and perfect account thereof: and upon acquainting him with your Lordships letter of June 22d he is now designed (God willing) to undertake that voyage in H.M.S. Shoreham, and I hope will arrive time enough to be employed by your Lordships in those affairs; and pray God send your Lordships good success therein: For surely H.M.'s interest and service will never be rightly managed in these parts of the world till all the Charter and Proprietary Governments be as the rest of the Provinces etc. are. As to what concerns Carolina and the Bahama Islands I herewith humbly transmit to your Lordships several things concerning them. And Coll. Quary hath a Letter for your Lordships from Mr. Joseph Morton of South Carolina, and another from Mr. Ellis Lightwood of Providence, as also one from the Vestry of the Church of England in Philadelphia. If by any unforeseen accident that may happen the Act should not pass this Sessions and that the Charter Governments and Proprietary Governors should continue as they are, with deference to your Lordships' better judgment, I humbly propose that the late revolution in the Bahama Islands may be countenanced, and then the like thing may happen to most of the other Proprietary and Charter Governments. And if the Act should be quashed for want of sufficient proof etc. against their irregularitys and misdemeanours which your Lordships have given an account of, then if H.M. would be graciously pleased to send a Commission under the great Seal or otherways in order to have people examined upon oath, to several interrogatorys etc. it is not in the least to be doubted, but that all those things which your Lordships most justly lay to their charge, may be proved upon oath by hundreds of people. For when such a Commission should come, and they be made sensible they were not like to be damnifyed by speaking the truth and that it was H.M.'s Royall Will and Pleasure to have the truth of all affairs laid before himself, this might be easily effected. For at present 'tis very difficult to get the truth of several things sworn to, by reason of the People's apprehensions and jealous notions of things which are infused into them by the foresaid Charter and Proprietor Governments, and the fears they lye under of, it may be, being ruined if they at any time appear against them. I have fully discoursed Coll. Quary about these affairs, and if yr. Lordships please, he can give you an account thereof. He shewed me a Memorial about irregular Trade etc., and with yr. Lordships' leave, he will present it to you. He is so well known and approved of by yr. Lordships, that it would be high presumption in me to give you a character of him: but if you will venture to take my word on his behalf, I dare engage for his fidelity and zeale for his Majesty's interest and service in general, but more particularly that which is so extraordinarily well managed in all respects by yr. Lordships. I dare likewise ingage for his honesty, and yt. he will be wholy govern'd as yr. Lordships please to direct him. I have particularly discoursed him about Dr. Cox his affair. And if the Doctor should obtain according to my Lord Matravers his Grant, We are apprehensive that it will take away a good part of Virginia, which lies on the South side of James River. But with submission I think it is rather a sort of Indenture: and I believe my Lord Matravers never complyed with any one condition, at least no such thing appears upon our Records: this is matter of Law, and so beyond my capacity to determine. But if the dispute lies between the Lords Proprietors and Dr. Cox, and that he be willing (according to his Letter to me) to put it under H.M.'s Government of Virginia (it may be of interest and service in point of the Tobacco Trade) and be content that the Plantations of those who have taken Patents here, since King Charles the 2d his Grant to the Lords Proprietors, may be the boundarys betwixt Virginia and New Carolina; then it had better be the Doctor's, than the Proprietors' (if they will not doe the same things): For some people are apprehensive that if the Line should be run according to the Lords Proprietors' Charter, it would take in several Plantations, which now pay quit-rents to H.M., and are in all other respects under his Government. I heartily wish that this affair of the bounds was well settled, in the meantime will not be wanting in my duty to H.M., according to yr. Lordships' commands in that affair. I enclose Mr. Auditor Byrd's report pursuant to an order of myself in Council of July ye 10th, 1700, concerning the boundarys of North Carolina: And by his Accounts herewith sent yr. Lordships may please to see the state of H.M.'s Revenue; but the last half year of the 2s. per hogshead I have not yet gotten, tho' I have spoken and written to him 2 or 3 times for it. I thank God it holds out very well, and hope it will so continue to do, as likewise H.M.'s revenue of the Quit-rents. In order to settle the affair of North Carolina, I humbly propose that H.M. would purchase the proprietorship thereof, if it cannot be had otherways; and if 2,000l. sterling were given for it (but I hope it may be purchased much cheaper) I suppose in some years time H.M. would be no looser by it, considering the advantage of the Quit-rents, and of the incouragement that people might have in going upon Tobaccos there etc. And this 2,000l. might be spared out of the Quit-rent money now in Mr. Auditor's hand; for I am in hopes that they will this year sell indifferently well. The affair of the Western Indians I have fully discoursed Coll. Quary about it, who understands it very well; and with submission I think the best way would be to have it settled by a Company etc. I am afraid that our Revisors will not doe much in that affair, for the private gain of that Trade may chance to influence some of them who are concerned therein. Upon inquiry I find that about 50 or 60 men are imployed in this Country in the Indian Trade, and I suppose that if it was settled by a Company there would be no occasion of sending from hence above twice or thrice that number. And the prejudice H.M.'s revenues upon the Tobacco would receive both in England and here, by their not planting of it, would be sufficiently recompensed by the advantage of that Trade, and the great means it might be of securing all the English Frontiers, especially in this Country and Maryland, against the incursions of the French and Indians, by having trading houses and ports as well upon our own Frontiers as upon the lakes of great Rivers, as the French have between Canada and the Bay of Mexico; for if that Company be rightly managed at first, I hope we may be able to out-doe the French in point of Trade with the Indians by furnishing them with proper commodities, and cheaper, and then no doubt but yt. they would be of our side, or at least not against us; which otherwise 'tis to be feared they may be. And by our having Traders among them, we may probably have an account by or from them of any designs yt. the French or Indians may have upon the English; so that we may not be surprised with them, wch. we now may be. I was extraordinarily troubled and concerned that the intended meeting of his late Excellency the Earl of Bellomont, Governour Blakiston and myself, was disappointed: but I humbly propose that all those Governours who have immediate Commissions under H.M. on this Continent may meet together as soon as possible, in order to consult about this Affair of the Indian Trade, as also concerning others of H.M.'s interest and service. But if Proprietory or Charter Governours should be there, to be sure their own interest and service would be their main design: for I suppose some of the principal things which we should consult about, would be the great prejudice it is to H.M.'s Interest and Service, to have Charter and Proprietory Governments; and humbly to represent the reasons thereof, as also how they may be remedyed. As to the first it can't be expected that those Governours will joyn with us, nor is it in the least convenient that they should know the Reasons either against them, or how they may be remedyed. If the Charter and Proprietor Governours should be order'd to be at such a meeting they would make great use of it with their people, that H.M. owns ym. as Governours, tho' they have not complyed with the Acts of Parliament for taking of oaths, particularly that of a Governour for duly observing all the Acts of Trade and Navigation, and that nothing can be done at least without some of them; as was reported in Pennsylvania, upon his late Excellency ye Earl of Bellomont's, Governour Blakiston's and my being to meet there, and that H.M. had ordered us to wait on Mr. Penn. But if they are not there the people might take it that they were slighted, and that H.M. did not think them qualifyed by Law as they ought to be, or that they were not to be made use of by H.M., or protected by him, as the other Governours were, who have the honour to have H.M.'s immediate Commission. It might discourage their own people, and be a means to make them uneasy under their Government, and fly to H.M. for protection: as on the other hand it might be an incouragement to those under the Governments of H.M. If yr. Lordships please, Collonel Quary can give you an account of these affairs, being so desired by him who is etc. Signed, Fr. Nicholson. Endorsed, Recd. Jan. 31, Read March 27, 1702. 4¾ pp. Enclosed,
1041. i. Abstract of preceding. 2¼ pp.
1041. ii. List of Enclosures. Endorsed, Recd. Jan. 31, 170½. 2¾ pp.
1041. iii. Copy of Minutes of Council of Virginia, June 20 and July 31, 1701. Same endorsement. 1 p.
1041. iv. Copy of Minutes of Council of Virginia, June 11, 1701. Same endorsement, 1 p.
1041. v. Memorandum of Journal of Proceedings of Council and Assembly concerning the fortifications and defence of the country and assisting New York, Aug. 6–Oct. 2, 1701. ½ p.
1041. vi. Memorandum of Journal of Council and Assembly of Virginia, 1693 and 1695, about giving assistance for New York. ¼ p.
1041. vii. Memorandum of proceedings of the House of Burgesses, 1693, on the same point. ¼ p.
1041. viii. Memorandum of proceedings of the House of Burgesses, 1693 (sic.? 5) on the same point. ¼ p.
1041. ix. Memorandum of Addresses to H.M., from the General Assembly of Virginia, relating to the quota for New York, and an Agent. ¼ p.
1041. x. Copy of Amendments to the Bill concerning the Militia, not assented to by the Burgesses. 5⅓ pp.
1041. xi. Copy of the Bill concerning the Militia. Endorsed, Recd. Jan. 31, 170½. 8½ pp.
1041. xii. Copy of Ordinances of Virginia relating to the building of the Capitol and settling the bounds of the several Counties in Virginia, Aug. 6, 1701. Same endorsement. 2¾ pp.
1041. xiii. Memorandum of Journal of Council in Assembly of Virginia, Dec. 5–27, 1700. ¼ p.
1041. xiv. Memorandum of Journal of House of Burgesses of Virginia, Dec. 5–27, 1700. ¼ p.
1041. xv. Copy of the Acts passed at an Assembly of Virginia, Dec. 5, 1700. 3¼ pp.
1041. xvi. The Public Levy of Virginia, Dec. 5, 1700. Total, 24,291 tithables at 9lb. tobacco per pole. Same endorsement. 1 p.
1041. xvii. Copies of Proclamations of Virginia, 1700 and 1701. Same endorsement. 10 pp.
1041. xviii. Memorandum of Minutes of Council of Virginia, June 20–Nov. 11, 1701. ¼ p.
1041. xix. Memorandum of Minutes of Council of Virginia, June 9–11, 1701. ¼ p.
1041. xx. Memorandum of Minutes of Council of Virginia, Oct. 17, 1700–May 8, 1701. ¼ p.
1041. xxi. Memorandum of Minutes of Council of Virginia, Sept. 4, 5, 7, 1700. ¼ p.
1041. xxii. Memorandum of Minutes of Council of Virginia, Aug. 8, 1700. ¼ p.
1041. xxiii. Abstract of the Militia of Virginia, with an account of their arms, Oct. 1701. Totals, Officers, 1,318. Horse, 2,143. Dragoons, 1,985. Foot, 4,971. Swords, 4,231. Pistols, 1,496. Carabines, 861. Muskets, 4655. Endorsed Recd. Jan. 31, 170½. 2 large pp. [C.O. 5, 1312. Nos. 20, 20.i.–xxiii.; and (without enclosures) 5, 1360. pp. 132–145.]
Dec. 2.
Virginia.
1042. Governor Nicholson to the Council of Trade and Plantations. I hope in God that the two Letters which I have written to yr. Lordships of this date will not be disapproved of by yr. Lordships, neither this. Yr. Lordships' commands to me of August the first 1700, relating to the Methods of proceedings in the several Courts upon Tryals of all sorts of Causes in the said Courts etc., I have endeavoured to comply with, and enclose the manner of proceedings in the Courts of Judicature here. By this opportunity I intend to send the Lords of the Treasury copies of all the Accounts, and the lists of Patents signed etc. which I transmit to yr. Lordships. The Lists of Ships, the Tryals of a Sloop and two Ships; Proceedings of the General Court upon Navigation Bonds etc.; Copies of Collectors' and Naval Officers' Bonds etc. to the honourable the Commissioners of H.M.'s Customs. I am heartily sorry that those Lists which I now send to yr. Lordships are not in all respects agreeable to yr. Lordships' Directions; tho' I have done what in me lies to have your orders complied with. But this I beg, that yr. Lordships would be pleased to order your Stationer to prepare what sort of paper yr. Lordships would have the Lists of the Ships, and the Collectors and Naval Officers their Accounts, as likewise the Muster Rolls of the Militia to be written upon: And I have written to my Correspondent, Mr. Micajah Perry, to pay for it: for without they have such paper, the Lists, Accompts and Muster Rolls will be very various and imperfect, it being exceeding difficult to get any good paper in this Country. I send to the Lords of the Admiralty a separate Journal of all matters relating to the Ships. I also transmit to the Right Hon. Mr. Secretary Vernon all that which I doe to yr. Lordships with Letter B. except Copies of the Laws, Ordinances of Assembly, and Lists of the Militia. I am very much troubled that I can't sent yr. Lordships an account that the Assembly hath consented to build an house for H.M.'s Governour: but this last Sessions they were all upon Negatives. If they meet again in the latter end of February (the soonest time they can conveniently do it) I will try them not only upon that subject, but for complying with H.M.'s Commands concerning the 900l. for New York, and for buying publick Arms and Ammunition. I am also very much concerned that I can't give yr. Lordships an account that the Committee for Revisal of the Laws have compleated that work; but what they have done therein, yr. Lordships may please to see by their several Journals etc. One of the principal reasons that they have been so long about it, is because they wanted an Assistant; and I enclose copies of their proceedings about one. I beg leave to observe to yr. Lordships that the Business of this Country, especially in point of Government, increaseth; but fit and proper persons for executing the several Offices and Employments therein, decrease. And I dare venture, without the Spirit of prophecy, to say that in twenty or thirty years time, if the Natives can't be qualified, there will be few or none in the Country capable of tolerably executing the several Offices and Employments: for there is little or no incouragement for men of any tolerable parts to come hither. Formerly there was good convenient land to be taken up, and there were widows had pretty good fortunes, which were incouragements for men of parts to come. But now all or most of those good lands are taken up, and if there be any widows or maids of any fortune, the Natives for the most parts get them; for they begin to have a sort of aversion to others, calling them strangers. In the Civil War several Gentlemen of Quality fled hither, and others of good parts, but they are all dead; And I hope in God, there will never be such a cause to make any come in again. That yr. Lordships may see how the Assembly were qualified to draw the Address to H.M. about New York etc. I herewith send yr. Lordships their first proceedings thereon. I think 'twas something strange that the Committee were forced to get Mr. Benjamin Harrison to be their Clerk; but how much of that Address is in that which they have sent to be presented to H.M., your Lordships may please to see by their Amendments. No. 2 is what was done in Council about Mr. Bartholomew Fowler, H.M.'s late Attorney General. And No. 3 is what was done about Mr. Dionysius Wright, Clerk of H.M.'s Honourable Council; by which yr. Lordships will see what great want of Officers we are in. And No. 4 is an humble Representation to yr. Lordships by myself and H.M.'s honourable Council concerning an Attorney General and a Clerk of the Council; and if yr. Lordships are not pleased to approve of Mr. Dionysius Wright to be either H.M.'s Attorney General or Clerk of H.M.'s honourable Council, I humbly propose that yr. Lordships would be pleased to send two persons out of England for those employments, to live at H.M.'s City of Williamsburgh, the Seat of the Government. And I hope they will be such, or at least one of them, as that yr. Lordships can confide in the accounts concerning the Government, which they may be obliged to send to yr. Lordships, when myself, or any other H.M.'s Governour or Commander in Chief here, may be obliged for H.M.'s service to be about the Country. If they are such persons, I will endeavour (God willing) so long as I have the honour to serve H.M. in this station, to make their places as easy and beneficial as I can. For they may be assured of all just favour and encouragement from me. They would do well to bring a sober man and a good writer to be in the nature of a Clerk, for they are hardly now to be gotten in this Country. I am now most humbly to represent to yr. Lordships the great difficulty I find in getting Councills, as yr. Lordships may see by the several Journals of Council and Assembly; nay even in the General Court time. So I humbly propose that Coll. Philip Ludwell, who lives within a mile of Williamsburgh, and Coll. William Bassett, who lives about 25 miles from thence, and Lieut.-Coll. Henry Duke, who lives about 12 miles off (but hath as good a road to Williamsburgh as can be) may be added to H.M.'s honourable Council. The honourable Coll. Jennings lives but 7 miles off, and Coll. Lightfoot about 40 miles (but very good road, and he hath never a creek to pass) and Mr. Comissary Blair lives near the City. So that humanely speaking these Six Gentlemen may come at any time, and upon a day's Notice.
What yr. Lordships are pleased to order in your Letter of October 3, 1700, about Mediterranean passes, is done; And by this opportunity I write to the Lords of the Admiralty for more. That yr. Lordships may see the whole proceedings about the French Protestant Refugees etc. a Collection thereof is enclosed which I hope will not be disapproved of by yr. Lordships. Signed, Fr. Nicholson. Endorsed, Recd. Jan. 31, Read May 5, 1702. 3⅓ pp. Enclosed,
1042. i. Abstract of preceding. 1½ pp.
1042. ii. Extracts from Journal of House of Burgesses of Virginia, Sept. 3, 4, 8, 1701. Endorsed, Recd. Jan. 31, 170½. ¾ p.
1042. iii. Minutes of Council of Virginia, Sept. 4, 5, Oct. 17, 1700, April 15, 1701. Same endorsement. 2 pp.
1042. iv. Minutes of Council of Virginia, Oct. 24, Nov. 11, 1701. Same endorsement. 1¾ pp.
1042. v. The Governor and Council of Virginia to the Council of Trade and Plantations, June 11, 1701. Since the death of the late Attorney General we have not been able to fill the place with a capable person. And conceiving H.M. service requires a man of good ability and knowing in the Law to supply that office, we hold it our duty to lay before your Lordships the motives that occasions the present defect, for that formerly the place of Attorney General was of little trouble and rarely more business than drawing indictments and prosecution of criminals, and not any salary allowed by H.M. till after 1680, and then the penalty of the Laws being made to the King, and prosecutions thereon increased the business, and required the more frequent attendance of the Attorney General at the Courts, for which the present small salaries of 40l. per annum was established, and now the business being very much increased, it doth not compensate the trouble of a suitable person. It is therefore proposed that the salary be increased to 100l. and for similar reasons, that the salary of the Clerk of the Council should be increased to a similar sum. Signed, Fr. Nicholson, E. Jennings, William Byrd, J. Lightfoot, Ch. Scarburgh, Matthew Page, Benja. Harrison, Jno. Custis, James Blair. Same endorsement. 3¼ pp.
1042. vi. List of following enclosures. Same endorsement. 2¾ pp.
1042. vii. Duplicate of preceding.
1042. viii. Ellis Lightwood to Governor Nicholson. New Providence, Oct. 14, 1701. Announces the deposing and sending for England of Gov. Haskett, the absolute necessity of which the enclosed articles will more fully demonstrate. Until H.M. pleasure be further known, I shall take care that all H.M. Officers here shall be protected in the due execution of their offices. Signed, Ellis Lightwood. Subjoined,
1042. viii. (a) Address "of the whole Country in General" to Ellis Lightwood. New Providence, Oct. 6, 1701. We having suppressed and taken into custody Gov. Haskett, owing to his arbitrary and illegal government, until H.M. and the Lords Proprietors' pleasure be further known, request you, with the advice and consent of the Council, to take upon you the Government etc. Signed, "by the whole Country in General."
1042. viii. (b) Tho. Walker to Governor Nicholson. New Providence, Oct. 11, 1701. I arrived here Sept. 2 and Lieut-Governor Haskett immediately invited me to accept the Lt.-Col.'s post, he having just fallen out with Mr. Read Elding and turned him out of that post. I was only ambitious to execute the Judge's place, which I had before, but I accepted after much persuasion. Narrates seizure of Governor Haskett. When I heard of the hubbub and noise at the Governor's house that night, I run to him and was taken prisoner, and kept two nights and days in the Fort, and the country having nothing to allege against me, I was set at liberty. Since which I have executed my Judge's Commission by trying one vessel without a jury. Signed, Tho. Walker.
1042. viii. (c) Memorandum [by Thomas Walker] to lay before the Governor of Virginia concerning the Revolution in Providence. When the Governor [Haskett] was deposed, Col. Read Elding was a prisoner by a mittimus for piracy and dealing with pirates, and several other high crimes and misdemeanours, but to free himself he came first to the Governor, pretending to visit him. Immediately the people with arms followed him into the Governor's house, and seized the Governor. Then Elding headed them and carried the Governor into the Fort, prisoner, when two great guns were fired, whereupon the people, as in the nature of an alarm, came from their own homes with their arms to the Fort, where being in a body, the said Elding at the head of them, first motioned for the people to vote Thomas Walker, Judge of the Admiralty, to be put in irons. All the people with one consent said, no irons. Then Elding motioned for irons to be put upon the Governor. The people answered, Irons upon the Governor, wch. according were put upon his legs, were strong and heavy ones. The next day all the people met and voted Mr. Ellis Lightwood to be their Head and President of the Island. About 10 days before the Revolution, Col. Elding was in the Fort in irons to be sent home to England to answer, but petitioned the Governor to be tried in Providence, and till the trial to be eased of his irons. The Governor took pity and let him to bail, upon his taking oath to be of good behaviour, and not plot against the Governor etc. After the Governor was three days in the Fort, he was ordered from thence a prisoner in irons to Mr. Lightwood's Plantation. When he was removing, Mr. Graves, the King's Collector, drew his sword and was going to kill him, saying "I make no more to kill him then I would a dogg," but the people prevented him and rebuked him for it. The Chief Judge, Col. Tallaferro, is taken a prisoner and kept in the Fort, and he knows not for what, he declaring himself innocent of any crime deserving imprisonment. After the Governor's ship came in, the people went aboard with force and arms to take her, without any authority from the Judge of the Admiralty. Subjoined,
1042. viii. (d) Deposition of William Davie, master of the Sloop James City, Nov. 11, 1701. On Oct. 17, Col. Walker at Nassau Town gave me half a bitt's worth of apples, which I put in my pocket. Upon my voyage to Virginia, going to eat one of the apples, cutting it with a knife, discovered some pinns in it, and afterwards this paper, upon which, looking how it was put into the apple, found that the top of the apple had been cut off, the inside of the apple dug out, this paper put in, and the top of the apple pinned on again. Signed, Wm. Davie.
1042. viii. (e) Deposition of Wm. Davie, Master of the James City. Sailing from Virginia to New Providence, he was fired on and plundered by a pirate sloop. On Sept. 17, deponent arriving at Providence, waited upon Governor Haskett, who told him that if he would load with salt, he must do it at town, and not expect to go to the Ponds, for it was his particular orders that none should go thither. Deponent accordingly bought salt of the Governor. The reason of the Governor's being seized by the people, in October was, as Deponent heard, to save themselves, and that he was an oppressor of the poor. Signed, Wm. Davie. The whole endorsed, Recd. Jan. 31, 1701. 7 pp.
1042. ix. Copy of a Publication by the Chief Judge of the Admiralty for the Bahama Islands. New Providence. Gives notice that any persons discovering wrecks etc., are immediately to give an account of the matter to the Admiralty Officers, in order that H.M. tenths may be paid, in case the same be proved wreck of the sea in the Admiralty Court.
1042. ix. (a) Tho. Walker [? to Governor Nicholson]. North Carolina, April 24, 1701. A state of the Bahama Islands since the receipt of the Admiralty Commission to Major Perient Trott and T. Walker.
The Vice-Admiral's Commission directs him to take for the King the tenths of wrecks, jetsam, flotsam, etc., and cause all pirates to be seized. But Col. Read Elding, deputed Dep. Governor by Col. Webb, decd., and rules Providence without H.M. approbation nor any confirmation, nor the least notice taken of him by the Lords Proprietors, upon the publishing of the Admiralty Commissions, and in contempt thereof, did call his Council and make Minutes to the effect that the dues or royalties of wrecks etc. shall be continued to the Lords Proprietors, and be paid to him as Deputy Governor, and further sides with, protects, and puts in office one of Capt. Every's piratical company, who affronts, abuses, threatens and even challenges the Admiralty officers, and when I came from Providence, the feud was so high that Major Trott, the Vice-Admiral, was forced to have at his house men to guard and protect his life, in defence of the said Deputy Governor, who without any cause given had threatened to kill the said Trott. All this was done since the publication of the Admiralty Commissions, and some time before the arrival of my Commission the Deputy Governor in a most unjust, designed, and prejudicial manner, did commissionate a Judge of a Court of Admiralty, who sat as Judge upon 4 small sloops, built in the Bahamas, whose Navigation was always confined to that Government to cut wood and rake salt, and notwithstanding the Deputy Governor knew them to be built in Providence, and that they were qualified with his licences and permits, according to the practice and constitutions of the Government, yet the said Deputy Governor managed matters so with his Judge and Officers to condemn the said sloops, and brasiletta wood in them, because the owners did not register them, without any orders of Government or giving any notice that he required the inhabitants to register their wood boats employed only in the Goverment. The sloops were value about 400l., wch. the Deputy Governor together with his officers sold and shared amongst them, wch. is great loss to the owners and against the peace and happy being of the settlement. It is credibly informed that the Deputy Governor has privately supplied known pirates about those Islands with liquors and refreshment, and underhand hath taken their ill gotten money for the same, and enriched himself thereby.
Some time since 'twas informed that the Spaniards were coming to take Providence and demolish the Fort and settlement; so that what with the violent and ill actions of the Deputy Governor against the people and the Admiralty Officers, together with the dread of the Spaniards, the post lies under great discouragement and danger, and the Admiralty Officers, being void of protection from the nearest King's Governments, can neither secure the King's Royaltys, nor safely and peaceably execute their commissions. And if the Admiralty Officers were as hot and furious as the Deputy Governor and his officers are, there would unavoidably be bloodshed, confusion and destruction in the place. And forasmuch as England is a great distance from our parts, and that no speedy opportunity offers from Providence to England that redress may be had in such cases in less time than 14 or 18 months (and in such space of time things may rise to a great height of confusion), I therefore thought it my duty to lay these matters before your Excellency. At this juncture of time, one of the inhabitants has got intelligence of a very rich wreck of no less than 12 tons of plate in her, and has built a new sloop, and is gone upon the recovery of the same, in order to bring what he gets to Providence and pay unto the Deputy Governor the 10th and 16th thereof, taking no notice of the Admiralty Officers nor Commissions, and if at any time I should adjudge such matters to be wreck and condemn a tenth part to H.M., being void of protection whereby to take and secure the same for H.M. uses, all whatever we do by our Commissions is of little effect. Signed, Tho. Walker. P.S.—The new Governor Haskett not being yet arrived, 'tis concluded he's miscarried. If so, the inhabitants will be still miserable under the Deputy Governor's ill usage, and most of them will leave the place.
1042. ix. (b) Governor Nicholson to Tho. Walker. Williamsburgh, May 10, 1701. I am very sorry to find that you have met with such hardships at Providence. I think it will be for H.M. service, if you could possibly come hither about 12 days hence, yt. I might fully discourse you concerning what you have writ, etc. Signed, Fr. Nicholson.
1042. ix. (c) A brief Memorial of what service New Providence and the Bahama Islands may be to H.M., if annexed to the Crown. If the dues of wrecks be applied to fortifying the Port, it may in few years be capable of defending itself against both Spaniards and French, who both lie not above 50 leagues thence. It's greatly to be dreaded the place will be taken in the present posture of defence. The port of Providence may be used for H.M. ships not over 17 foot draught, whence they may run to the edge of the Gulf, to attack the Spanish Plate Fleet etc. By good encouragement plantations of sugar, indico, cotton, provisions may be brought to perfection, and much brazilletta wood is cut, by which a duty arises yearly to H.E. A good station for a small man of war to suppress pirates, protect the Admiralty officers and deter the Spaniards from coming in small canoes or galleys from Cuba to surprise Providence, as was heretofore done. The Proprietors cannot defend the place without charges beyond their dues and quit rents. Harbour Island, on the N. side of Eleatheria, affords a spacious harbour, and may be made almost impregnable with half the charge as Providence can be, and is inhabited by the English who claim the liberty of living there by reason their forefathers seated it before the present Lords Proprietors had their Charter from Charles II, and sundry families live now thereon with good store of oranges, limes and pleasant fruits at their doors. And the Bahamas are a healthful place for Europeans that comes there, as well as the inhabitants. It would be very disadvantageous to English trade, if in the hands of an enemy. Signed, Tho. Walker. Annexed, Sketch map of Harbour Island and Eleutheria. The whole endorsed, Recd, Jan. 31, 170½. 9 pp. Copies.
1042. x. Mathew Middleton to [? Governor Nicholson]. New Providence, March 16, 1699/1700. Applies for post of Judge of the Admiralty in Providence. Signed, Matthew Middeton.
1042. x. (a) Ellis Lightwood to [? Governor Nicholson]. Providence, March 27, 1699. When I received an account of your Excellency's authority over us in relation to the Admiralty jurisdiction (wherein heretofore in many things through injudicious proceedings our Island hath gained an ill character amongst the rest of the neighbouring Colonies), I doubted not but all things in those cases would be better regulated by your Excellency's discretion in appointing capable, honest and judicious persons. I herewithal acquaint your Excellency of the great inclination the principal people of this Government have to be under the immediate protection of the King, the Lords Proprietors hitherto having not, and no way possibly can afford us that protection that is requisite, by some small cruising frigates, wch. highly concerns the safety of Trade to and from most of our Plantations, who beaten off the coast find per experience of three years the most convenient and healthful place to bear up for recruits, etc. Insists on importance of the place. Signed, Ellis Lightwood.
1042. x. (b) Ellis Lightwood to [? Governor Nicholson]. Providence, July 19, 1700. The above letter is a copy of what I presumed to send by Col. Jones, who delivered it to Mr. Thomas Walker, one of our Lords Proprietors' Deputies and a great stickler for them, wch. hath been made use of by him, with two or three more of the Deputies, whose characters are not worth describing, to make it a crime in me, and as their nonsense call it, a rebellion against the Lords Proprietors, to write so to your Excellency. It was the Commissioners' pleasure never by me thought of, to send by Esq. Randolph a Commission directed to me for Judge of the Admiralty, who was persuaded by Walker, as I have been since satisfied, not to deliver it. My crime here is only being a true King's man and endeavouring to break the Lords' charter, as their Deputys say, wch. themselves have often enough done already. The first fault is pardonable. I love not democracy. Signed, Ellis Lightwood.
1042. x. (c) Tho. Walker to [? Governor Nicholson]. New Providence, July 20, 1700. Applies for Commission to be Judge of the Admiralty. Signed, Tho. Walker.
1042. x. (d) Address of the inhabitants of the Bahama and Lucaios Islands under Lords Proprietors assembled in the City of Nassau on New Providence, 1700, to the King and Parliament. The subjects complain for themselves that for many reasons they are as sensible of their present oppressures as an Egyptian bondage, together with cause of a future oppression, wch. if not prevented, may fall on us, with an inexpressible damage of every trading man in England concerned in the Plantations. After the Lords Proprietors resumed their Proprietory in 1690, the Assembly passed Laws as to their dues, conditional upon the Lords sending them a secure instrument that they should not alienate any part of a Proprietory except a whole one. (They never confirmed the Law for their dues nor answered our letter.) Last year they sold an Island, which by our Assembly was often confirmed as a common to the City of Nassau, and conveyance signed by those that had power from the Proprietors to grant all their other lands; besides it makes the Harbour. Further, they have sold parcels on other islands, where are harbours, to our infinite damage, 10,000l. sterl. in a short time.
Col. Cadwallader Jones found much difficulty in settling, finding but 27 men in arms on Providence. In 22 months, he by sea and land made an honourable defence against the French, and took some prisoners. But their Lordships' encouragement to him by letter, that they could not assist him, but when it was peace they would take care of us, was an oppression to our spirits. In 3 years and 8 months, they sent Col. Nicholas Trott, and he by their order imposed on us to purpose, and without Law made us pay, as hath been said, but adds by Instructions the 10th of salt. He also brought Instructions to finish with their dues that small work Col. Jones had begun. He likewise imposed on us 40s. per head or 14 days' work per head on the Fort. They next sent Col. Nicholas Webb; he proved strangely uneasy, but added to the Fort for the better. But the unhappiness to us we believe their Lordships hardly dealt withall in their accounts, and we little better in the expectation of our security, it being now no better than a great heap of undigested matter, no ways defensible in its shape or figure. Their Lordships have now sent over Commissions to those persons we deem not qualified to answer their Lordships' honour nor our peace (one who had killed a King's officer in Bermuda, his pardon not sued out; the Chief Judge in all Courts bred only a sea-captain, uncapable in the Law). We are all English, and Monarchy we imbibed with the breast. We under Lords and they subjects it's not easy (but in good men to be easie). But their Lordships allowing their Governor no certain salary as the King doth, we have charity to believe Col. Trott and Col. Webb even streyned their own natures in oppressing us to ease themselves. All the King's Plantations look slightly on us as being under subjects, and it is evident our neighbours the Spaniards how they esteem us. Deposition of Capt. John Flavill quoted, Dec. 27, 1699. On July 1, 1698, in the Gulf of Florida, he was made prisoner by the General of the Bonadventure Fleet, and tried to persuade him to pilot 800 men to Providence, "for he had a Commission for it, and would do it, for they were but a den of thieves and villains; he would root them out as soon as he could get a pilot." Flavil pleaded ignorance.
If the Lords Proprietors studied only our interest to the utmost of our abilities, they could not serve us. We are well satisfied that potent Prince in France hath an eye upon us, with a view to trade by the Mississipi River. He is fully persuaded, if he is Master of Providence, a Jamaica man cannot pass him the Gulf or Windward passage, and privateers and men of war from Providence will in a few days infest Carolina bar, Virginia Capes, New York and Massachusetts Bay.
We crave not a trial of the Charter, but a purchase by the Crown, which cannot be a great matter, since the Proprietors sold Hog Island, which makes the whole harbour and 1/6 of Providence, for 50l. There are now merchants in Nassau who will victual 10 or 12 men of war. Where H.M. commands the Gulf from 22 deg., there are islands called Biminies, where if a Light-house [were] built, it would save abundance of bloodshed, most English. The Florida shore being man-eaters, and so encouraged by the Priests, to prevent commerce with the English. Light money from all nations passing through the Gulf would answer the charge and add a lustre to the English Crown.
It is granted that if the King of France had not built that impregnable. Citadel on Martinico by the Cole Sack, all the West Indies, humanum dicere, must have submitted to England. And indeed, except the Carribbee Islands, Providence is to be considered, etc. The whole endorsed, Recd. Jan. 31, 170½. 7½ pp.
1042. xi. Minutes of Council of Carolina. Charles Town, Sept. 11, 1700. The Lords Proprietors of Carolina met to elect a new Governor to succeed Joseph Blake. Deputies present: Landgrave Joseph Morton, Col. Robert Daniel, James Moore, Landgrave Edmund Bellinger, Robt. Gibbes, Henry Noble. Bellinger and Morton were rejected. Daniel and Moore objected to the latter that he made breach of the trust reposed in him by the Lords Proprietors by accepting a Commission for Judge of the Admiralty from the King, when at the same time he had a Commission from the Proprietors for that office, and the disposal of the same is in the Proprietors. Against Bellinger they equally objected that he had accepted a Commission as Deputy Judge of the Admiralty from Morton. All the Land-graves being thus objected to, the Deputy James Moore was elected Governor. Signed, Henry Wigington, Cl. Con.
1042. xi. (a) Joseph Morton to [? Governor Nicholson]. Carolina, August 21, 1701. Repeats cases of the Cole and Bean and Mr. Renew's ship. The humors of the people generally are opposite to the Acts of Trade etc. "During the trial of the Cole and Bean no artifice was wanting to support the defendant and discourage the Informer, he having no lawier and the King no Advocate, (he dying not long before), and Mr. Nicholas Trott, then Attorney General for the Proprietors, refusing to appear in behalf of the King, but as much as he could espoused the cause of the defendant, and, in the open street and among a crowd of people, fell upon the Informer, and struck him several times, crying out, this is the Informer, this is he that will ruin the country. Repeats story of the Election of Governor Moore, etc. Signed, Jos. Morton.
1042. xi. (b) Jos. Morton to [? Governor Nicholson]. Carolina, Aug. 30, 1701. Considering the genius of our people, 'tis difficult getting officers of the Admiralty that are good. At present John Collins is Marshall and Tho. Bellinger Regr., but there is no Advocate, nor any that I can at present recommend etc. Signed, Jos. Morton.
1042. xi. (c) Governor Moore to [? Governor Nicholson]. Carolina, Charles Town, Sept. 1, 1701. Acknowledges receipt of H.M. Commissions and letters per Col. Quary. Here are no Commissions for Register, Marshall or Advocate of the Admiralty Court, nor, as the present Judge (Morton) allows them for those offices, is it worth any man's time to hold them, but 'tis probable when they have their Commissions from your Excellency they will (by taking their just fees) make it worth while to hold them. Recommends Henry Wigington, a lawier, for Register, and John Collins for Marshall. We have but two men in our Colony which understands and practices Law, one is removing, the other's name is Wiggington, and at present Attorney General.
We have had of late diverse, idle, extravagant and profuse people run away from their creditors to Virginia, the easiness of the journey encourages them to run in debt more than they are able or design to pay. If your Excellency would cause some of these to be apprehended and kept close at work till we can send for them, or send them back to us, it would discourage others and oblige us to do the same by such as run from Virginia. An Act of Parliament to apprehend and keep to work or in gaol all runaways, as well servants as debtors, till they can with conveniency be sent back to the place they run from, would effectually discourage it. The greatness and goodness of such an Act will adequate the character of generosity which the Western World not unworthily gives your Excellency.
1042. xi. (d) Governor Moore to Governor Nicholson. Carolina, Aug. 12, 1701. Receipt for Admiralty Commissions and Commission for trial of pirates. Signed, Ja. Moore.
1042. xi. (e) Joseph Morton to the Lords Commissioners of the Admiralty. Repeats the cases of the Swallow (Mr. Renew), the Cole and Bean, and the Election of the Governor. Signed, Jos. Morton. The whole endorsed, Recd. Jan. 31, 170½. 9 pp.
1042. xii. Copy of Letter from Dr. Coxe to Governor Nicholson, April 8, 1701. After compliments;—I being legally invested in a right unto North Carolina by a double grant, I and my predecessors have been frequently solicited by the inhabitants of both Carolinas to assert our Rights, that they would readily submit unto our title and administration, I have been kept in a trade by the Lords Proprietors of Carolina, submitted the examination of my title unto their own Council, who unanimously advised them to comply with my reasonable demands, and the majority of them, as I was informed by their own Counsel, inclined to grant my demands, and have in order thereunto for above ten months demanded a Court. But the Palatine, or Elder Proprietor, for reasons best known to himself, hath declined it. Whereupon I have given them notice I will no longer attend upon uncertain, delusive promises, but seek the obtaining my right by such methods as Law and Reason shall recommend. I have had the favour of H.M. Council as also of the Commissioners of Trade and Plantations, the most full and favourable report of H.M. Attorney General etc. Signed, Dan. Coxe. Annexed,
1042. xii. (a) Copy of the confirmation of Lord Matravers' grant of Norfolk county from Charles I, by the Governor and Council of Virginia, 1637. Signed, (Governor) John Harvey. Attested by, the Lord Mayor of London, etc.
1042. xii. (b) Samuel Swann to Governor Nicholson. North Carolina, Sept. 9, 1701. Enclosing the foregoing copy of Patent. Signed, Samuel Swann. Copy.
1042. xii. (c) Governor Nicholson to Samuel Swann. Williamsburgh, Oct. 11, 1701. Acknowledging foregoing. If your country should be joined to this in my time, you may be assured of all kindness from yours etc. Signed, Fr. Nicholson. Copy.
1042. xii. (d) Samuel Swann to Governor Nicholson. North Carolina, Oct. 18, 1701. I desire you would remit to me Mr. Coxe's indenture, for that it is not as yet recorded nor communicated to the Government here. Signed, Samuel Swann. Copy.
The whole endorsed, Recd. Jan. 31, 170½. 7¼ pp.
1042. xiii. Method of proceedings of the Courts of Justice in Virginia. Same endorsement. 12 pp.
1042. xiv. Copy of Address of the General Assembly of Virginia to the King relating to the Quota for New York. Same endorsement. 11 pp.
1042. xv. Address of the Council and Burgesses of Virginia to the King, praying for William Byrd, jr., to be appointed Agent, Aug., 1701. ½ p.
1042. xvi. Copy of the amended Address of the Assembly of Virginia to the King, relating to the Quota for New York. 5¾ pp.
1042. xvii. Copy of Address of the Assembly of Virginia to the King relating to the Quota for New York, as sent up to the Council, Sept. 18, 1701. 2½ large pp.
1042. xviii. Copy of the Council's Amendments to above. 5 pp.
1042. xix. Memorandum of Minutes of Council in Assembly of Virginia, Aug. 6–Oct. 2, 1701. ¼ p.
1042. xx. Memorandum of the Journal of the House of Burgesses of Virginia, Aug. 6–Oct. 2, 1701. ¼ p.
1042. xxi. Copies of the Acts passed at a General Assembly of Virginia, Aug. 6, 1701. Endorsed, Recd. Jan. 31, 170½. 16 pp.
1042. xxii. Memorandum of preceding. ¼ p.
1042. xxiii. Copy of resolve of Burgesses of Virginia, Sept. 17, 1701, empowering the Governor to levy forces, etc. Signed, Peter Beverley, Speaker. Endorsed, Recd. Jan. 31, 170½. 1 p.
1042. xxiv. Copies of Acts of Virginia, for imposing fines on refractory persons, 1666, and for supplying the country with arms and ammunition, 1684. Same endorsement. 2⅓ pp.
1042. xxv. Copy of an Act of Virginia, 1673, for providing a supply of arms and ammunition. Same endorsement. 1½ pp.
1042. xxvi. Copy of an Act of Virginia, 1701, for levying and arming a force in time of danger, with the Council's Amendments, not agreed to by the Burgesses. Same endorsement. 6½ pp.
1042. xxvii. Memorandum of Journal of Committee for Revisal of the Laws and superintending the building of the Capitol in Virginia, July 7, 1699–May 10, 1701. ¼ p.
1042. xxviii. Memorandum of the Journal of same Committee, June 5–July 7, 1701. ¼ p.
1042. xxix. Memorandum of Journal of Committee for inspecting the building of the Capitol, Nov. 6–13, 1701. ¼ p.
1042. xxx. Memorandum of Journal of Committee for revisal of the Laws, Aug. 7, 1700–May 11, 1701. ¼ p.
1042. xxxi. Memorandum of Revisal of Laws by the above Committee. ¼ p.
1042. xxxii. Memorandum of Journal of above Committee, June 4–July 9, 1701. ¼ p.
1042. xxxiii. Memorandum of Abridgment of the old Laws with alterations by the Committee etc. ¼ p.
1042. xxxiv. Memorandum of Journal of Committee for revisal of the Laws, Nov. 5–13, 1701. ¼ p.
1042. xxxv. Memorandum of alterations of Laws made by the Committee Nov. 5–13, 1701. ¼ p.
1042. xxxvi. Memorandum of proceedings of the Council and Burgesses in relation to the Revisal of the Laws, June 10–Oct. 1, 1701. ¼ p.
1042. xxxvii. Copy of the Resolves of the House of Burgesses of Virginia, Sept. 4, 1701, relating to Blackwater and Pamunkey Neck Lands. Endorsed, Recd. Jan. 31, 170½. 5 pp.
1042. xxxviii. Copy of Act of Virginia for quieting the possessions of several persons seated within the land laid out for the Pamunkey Indians, not agreed to by the Governor, with the Queen of Pamunkey's petition to him, and the proceeding of the General Court thereon. Same endorsement. 3¼ pp.
1042. xxxix. Report of the Committee appointed to inspect the proceedings of the Committee for inspecting the buildings of the Capitol, Sept. 5, 1701. Same endorsement. 5½ pp.
1042. xl. Copy of an estimate of the charge in building the Capitol. Total, 4,016l. 15s. 10½ d. 1 p.
1042. xli. Copy of several allowances in the Report of the Committee for Publick Claims, 1701. Same endorsement. 1 p.
1042. xlii. List of Patents of Lands granted in Nov., 1700, and April and Oct., 1701. Same endorsement. 7 pp.
1042. xliii. Memorandum of Mr. Auditor Bird's Account of the 2s. per hhd, April 25, 1700–April 25, 1701. ¼ p.
1042. xliv. Memorandum of Mr. Auditor Bird's Account of lands and rights sold 1701. ¼ p.
1042. xlv. Memorandum of Mr. Auditor Bird's Account of Quit-rents for 1701. ¼ p.
1042. xlvi. Memorandum of Mr. Carter's Account of the Impost on Liquors, Servants and Slaves, Dec. 16, 1700. ¼ p.
1042. xlvii. Memorandum of Mr. Carter's Account of the Impost on Liquors, Servants and Slaves, June 6, 1701, with the resolves of the Burgesses relating to several allowances. ¼ p.
1042. xlviii. Memorandum of Mr. Carter's Account of Imposts etc., Aug. 6, 1701. ¼ p.
1042. xlix. Abstract of trial of several criminals since Col. Nicholson's Government. Endorsed, Recd. Jan. 31, 170½. 8 pp.
1042. l. A collection of all matters relating to the French Protestant Refugees, 1700. Same endorsement. 58 pp.
1042. li. Memorandum of Journal of Council of Virginia upon all matters relating to shipping. ¼ p.
1042. lii. Copies of the Bonds of the Collectors and Naval Officers of Virginia, 1700, 1701. Same endorsement. 5 pp.
1042. liii. Copy of the trial of the sloop Slowfield of Maryland, in the Court of Admiralty, James City, July 23, 24, 1700. Condemned, with cargo, for importing into Elizabeth City County goods from Maryland without register. 4½ pp.
1042. liii. (a) Copy of the trial of the Mary Ann, Aug. 21, 1700, for importing into James City County, being partly owned by foreigners (Marquis Olivier de la Muce, Charlois de Sailly etc.) Adjourned to Sept. 25 on account of illness of Marquis de la Muce. Discharged for want of sufficient evidence. 7 pp.
1042. liii. (b) Copy of the trial of the Peter and Anthony galley of London, Oct. 19, 1700, for importing goods into James City County, though navigated contrary to the Laws of Navigation (as to ownership and crews). Discharged. 12 pp. The whole endorsed, Recd. Jan. 31, 1701.
1042. liv. Copy of proceedings of the General Court of Virginia upon Navigation Bonds, Oct., 1700, and April and October, 1701. Same endorsement. 2¾ pp.
1042. lv. Memorandum of Collector and Naval Officer's Lists of Ships, May, 1700–Sept., 1701. ¼ p. [C.O. 5, 1312. Nos. 21, 21.i.–lv; and (without enclosures) 5, 1360. pp. 159–172.]
Dec. 2.1043. Journal of House of Burgesses of Virginia, Nov. 7, 1693–May 18, 1695, relating to the assistance to be given to New York. (See previous volumes of this Calendar.) Endorsed, Recd. Jan. 31, 170½. [C.O. 5, 1408. pp. 1–19.]
Dec. 2.1044. Journal of Council of Trade and Plantations. Letter from Lord Cornbury, Nov. 28, read.
Copy of a grant of the Secretary's place of the Leeward Islands, Nov. 27, read.
Order of Council, Nov. 11, read, concerning the ill usage of Mr. Carpenter. Directions given for preparing letters to Gov. Codrington accordingly.
Letter from Lieut.-Governor Partridge, Sept. 8, read. Acts and Minutes of Council enclosed laid before the Board. Letter ordered to be prepared to direct him to transmit a complete and authentic collection of all the Laws of New Hampshire.
Letter from Capt. Powell, Oct. 5, read. But the matter therein contained not being properly under the direction of this Board, ordered that the same together with other papers relating to Newfoundland be communicated to Mr. Blathwayt when he comes to town.
Letter from Mr. Larkin, Oct. 14, read.
Dec. 3.Further progress made in considering the notes made by the Proprietors of East and West New Jersey upon the draught of a Commission and Instructions for a Governor. Directed that they be desired to attend on Fryday next in order to the settling of that matter, and to bring with them the names and characters of such persons as they think the best qualifyed to serve as Governor, Counsellors and other Officers there.
Dec. 4.Letter from Capt. Powel, Oct. 12, read, and ordered to be communicated together with former papers on the like matter to Mr. Blathwayt, when he comes to town.
Notes of the Proprietors of the Jerseys, upon the draught of a Commission and Instructions for a Governor, further considered.
Two Acts of Antego, April 12 and Aug. 11, ordered to be sent to Mr. Attorney General for his opinion. [Board of Trade. Journal, 14. pp. 218–223.]
Dec. 3.
Boston.
1045. Minutes of Council of the Massachusetts Bay. Ordered that the Captain of the Castle return and deliver the four great guns belonging to the Johnson frigate, Capt. Samuel White, impressed for H.M. service at the Castle in the time of the late war.
Warrant for 50l. 16s. for sundries for the Castle, signed. [C.O. 5, 788. p. 112.]
Dec. 3.
Portsmouth.
1046. Minutes of Council of New Hampshire. The following were appointed to run the bounds between town and town and make good bound trees and bound marks, according to the bounds settled by Law :—Portsmouth : Major Wm. Vaughan, Capt. Mark Hunking, Capt. John Pickering. Hampton : Nathaniel Weare, Capt. Henry Dow, Ephraim Marston. Dover : Capt. John Tuttle, Lt. James Davis, Lt. Wm. Furber. Exeter : Jonathan Wadleigh, Ensign Nicholas Gilman, John Foulsham. Newcastle : James Randle, James Leach, Wm. Berry. [C.O. 5, 789. pp. 73, 74.]
Dec. 4.
Whitehall.
1047. William Popple, junr., to Mr. Attorney General. Enclosing for his opinion two Acts of Antigoa, (1) to enable John Fry, jr., and George Thomas to sell 240 acres etc., and settling the surplusage for the maintenance of Samuel Winthropp, a minor, April 12, 1701.
(2) to enable Alexander Crawford, guardian of Elizabeth Rott, sole daughter and heir of James Rott, decd., to sell 130 acres for payment of debts etc, Aug. 11, 1701. [C.O. 153, 7. p. 283.]
Dec. 4.
Custom House,
London.
1048. Mr. Savage to Mr. Popple. I desire you will please to let me know for the Commissioners' information what is done at your Board touching the complaint against Col. Elrington. Signed, Richd. Savage. Endorsed, Recd. Read Dec. 5, 1701. Addressed ½ p. Subscribed,
Dec. 5.
Whitehall.
1048. i. William Popple to Mr. Savage. Enclosing copies of following letters to Col. Codrington and Col. Elrington, together with the letters and enclosures themselves to be forwarded. ½ p. [C.O. 152, 4. No. 60; and 153, 7. pp. 287, 288].
Dec. 5.
Whitehall.
1049. Council of Trade and Plantations to Governor Codrington. Enclosing papers relating to the case of Henry Carpenter (Nov. 11), and recommending the matter for his examination. "We desire you in examining the same not only to take the answer of Col. Elrington, but to communicate it also to Mr. Carpenter and take his reply, and to take care that as to whatever proof shall be offered by witnesses on either side, the depositions be upon oath; and that the whole answer, reply, examinations and whatever else shall be produced to you in relation to that matter be transmitted to us, together with your own opinion thereupon with what speed you can. In the meanwhile you are also to take care that Mr. Carpenter and other officers acting under him be permitted quietly to attend the duty of their respective imployments, as is proposed by the presentment of the Commissioners of Customs." Signed, Stamford, Ph. Meadows, Abr. Hill, Mat. Prior. [C.O. 153, 7. pp. 284–286.]
Dec. 5.
Whitehall.
1050. Council of Trade and Plantations to Lieut.-Governor Elrington. Communicating Order in Council Nov. 11, and instructions to Gov. Codrington in preceding. Signed, Stamford, Ph. Meadows, Abr. Hill, Mat. Prior. [C.O. 153, 7. pp. 286, 287.]
Dec. 5.1051. William Popple to Sir John Hawles. Enclosing for his opinion in point of Law the Acts of the Massachusetts Bay, May 28, 1701. [C.O. 5, 909. pp. 7–10.]
Dec. 5.1052. Mr. Dockwra and other Proprietors of East New Jersey to the Council of Trade and Plantations. In obedience to your Lordships' directions we humbly present the following list of persons for Governor and Council of the intended province to be call'd Nova Caesaria or New Jersie. For Governor : Andrew Bowne, present Governor of East New Jersey, a man of probity, much esteemed, and intirely affected to H.M. Or, Major Richard Ingoldsby, well known to have signalised himself by many good services to his country, and in 1688 came over from Holland with H.M. etc. On the death of General Slaughter, commanded in chief in New York to the general satisfaction. Is particularly recommended by his Grace the Duke of Ormonde. For Members of the Council for East Jersie division, we present Lewis Morris, Andrew Bowne, Sam. Walker, Wm. Pinhorne, Sam. Leonard, Wm. Sandford. Signed, Wm. Dockwra, Peter Sonmans, Tho. Barker, Clemt. Plumsted. Endorsed, Recd. Read Dec. 5, 1701. 1 p. [C.O. 5, 1261. No. 33; and 5, 1289. pp. 315, 316.]
Dec. 5.1053. Names of Governor and Council of Nova Caesaria, proposed by Sir Tho. Lane and other Proprietors of West New Jersey :—Col. Andrew Hamilton, Governor. Councellors :—Lewis Morris, Edward Hunloke, Andrew Bowne, Samuel Jennings, Thomas Revell, Francis Davenport, William Pinhorne, Samuel Leonard, George Deacon, Samuell Walker, Daniel Leeds, William Sandford. Endorsed, Recd. Read Dec. 5, 1701. 1 p. [C.O. 5, 1261. No. 32; and 5, 1289. p. 314].
Dec. 5.
Anapolis in
Maryland.
1054. Geo. Larkin to the Council of Trade and Plantations. Since leaving Boston (see Oct. 13), I have travelled by land to this place. The unhappy differences betwixt the two contending parties at New York are now grown to that extravagant height, that they are ready to go by the ears upon every light occasion, and I could heartily wish that some expedient might be found out at home for reconciling the same, which I am afraid will be almost impossible if the settlement made during the time of the late Governor should be thought fit to be continued.
In the Proprietary or Charter Governments that I have yet been. I don't find that they have any manner of fortifications, or indeed taken any care to defend themselves in case there should be occasion. In some places they have a Militia, it's true, but so irregular that it's not to be immagin'd. I do admire how they escaped the French all the late wars, for they may come in with a ship at any time to Rhode Island, or go all along the sound and lade themselves with plate (with wch. the inhabitants of those parts are very well stock't) and do what mischiefe they please, and go away undisturbed. Most of the people of that Government and Connecticut employ themselves wholly in the woollen manufacture, and have found out a very pretty way to evade the late Act, for they carry their sheep from one place to another, and when they are shorne, bring them home again, leaving their fleeces behind. I have seen as good druggits of that countrey make sold for 4s. 6d. per yard as ever I saw in England in my life.
One How and Churchill, two persons convicted with Kidd, are lately returned from England to Pennsylvania, and as I am credibly informed have taken up, the former 1,500l. and the latter 800l., which they had buried in the woods when they first landed. These fellows have been hugged and caressed after a very strange manner by the Religious people of those parts, no money to be seen amongst them now but Arabian Gold, and to demonstrate to your Lordships that Pyrates are esteemed very honest men, the President of the Council of New Hampshire, Secretary of the Province and Clerk of the inferior Court, is going to marry his daughter to one of these villains. They give out that they gave 300 guinneys apiece for their enlargement, their behaviour has been very insolent, and I am apt to believe will encourage more in the Proprietary Governments to tread in their steps than the Act will deter from them. I stayed at Philadelphia three days upon notice that they were to return in that time, in hopes of seizing their money for the King's use, if possible, or their persons until it were known whether H.M. had been pleased to extend his mercy so far as to pardon them. If not, I am sure it's pity but that they should be made an example. During my stay there, I found everybody very shy of me, and glad to see me preparing to be gone. In short, my Lords, the Proprietary Governments are very prejudicial to the King's interest, they are a sort of a Recepticle or Refuge for pyrates and unlawful Traders. There is scarce a family in three in the Government of Rhode Island but some of them have been concerned in privateering, as they term it, and a great many in Pensylvania-and the Jerseys, and until H.M. can send Governors of his own to those places, tho' Acts of Parliament be made with all the caution and severity imaginable, they will be of little or no signification. I am informed the inhabitants of the Proprietary Governments drive a constant trade to Surrinnam and Curacoa, two Dutch Plantations, from whence they bring back linnen and other European commodities. As to the proceedings against Pyrates, I have settled the same at New York and this place as I did at Newfoundland and New England. Signed, Geo. Larkin. Endorsed, Recd. Feb. 4, Read March 19, 170½. Holograph. 2½ pp. Annexed,
1054. i. Abstract of preceding. 2 pp. [C.O. 5, 715. Nos. 47, 47. i.; and (without abstract) 5, 726. pp. 115–119.]
Dec. 5.1055. Journal of Council of Trade and Plantations. Letters to Governor Codrington and Col. Elrington signed. Copy ordered to be sent to Mr. Savage, Secretary to the Commissioners of the Customs for Plantation Business, to be communicated to them, together with the original letters to be forwarded by him.
Letter from Mr. Addington, Sept. 30, read, and papers enclosed laid before the Board. Acts enclosed ordered to be sent to the Solicitor General.
Letter from Mr. Addington, Oct. 9, read.
Order of Council, Nov. 20, upon an Act of Nevis, read.
Sir Thomas Lane, with Mr. Docmenie and other Proprietors of West New Jersey, also Mr. Dockwra with Mr. Sonmans and other Proprietors of East New Jersey, each presented to the Board different papers with the names of persons proposed by them for a Governor and Counsellors in the intended settlement of that Country under a Governor commissionated by his Majesty. And further whereas Mr. Dockwra's paper containes the names but of six persons for Counsellors, both sides declared their agreement in the names of the twelve contained in the paper brought in by Sir Thomas Lane, in which the aforesaid six are comprehended. Their Lordships afterwards proceeded to acquaint them particularly how far they had thought fit to agree or not agree with the notes that had been made by them upon the draft of a Governor's Commission and Instructions; and after some debate the whole was agreed upon, and the copies which were lately received from Sir Thomas Lane ordered to be returned to him with corrections and additions according to the present agreement. [Board of Trade. Journal, 14. pp. 223–226.]