America and West Indies
November 1702, 26-30

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Institute of Historical Research

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Cecil Headlam (editor)

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1912

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745-765

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'America and West Indies: November 1702, 26-30', Calendar of State Papers Colonial, America and West Indies, Volume 20: 1702 (1912), pp. 745-765. URL: http://www.british-history.ac.uk/report.aspx?compid=71690 Date accessed: 28 July 2014.


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Contents

November 1702

Nov. 26.
Charles Town.
1193. Council of Carolina to [? the Lords Proprietors of Carolina]. Governor Moore with what forces was thought sufficient being now in the Spanish Town called St. Augustine on the coast of Florida, wee think it our bounden duty to give your Lordship as full an account of our present circumstances as possible, which we cannot better do than by the inclosed abstract. If wee become Master of the Castle, 'tis impossible for us to keep it long without H.M. in her prinsly wisdom shall think fit to take it into her possession; it lys in the Latd. 29.40°, which is 60 leagues from the body of our settlement. The country about it is replenished with great store of neat cattle, and the neighbouring Indians, which are many (and very ill pleased with the Spaniards) plant great store of corne, which they part with at a very cheap rate. Our Province is in very good health, but somewhat exhausted of warrlike stores by this our expedition. Signed, Edwd. Bellinger, Robt. Gibbes, Henry Noble, Alexander Parris. 1 p. Enclosed,
1193. i. Abstract of Letter from Governor Moore and Robert Daniell to the Council of Carolina. Gentlemen, On Tuesday, Oct. 27, the fleet came before the River of St. Augustine, butt for want of a pilott could not get in. Thursday following Col. Daniell came into and made himself Master of the Towne. Saturday from the Fleet wee landed and joyned him with 70 or 80 men. Monday following, the maine body landed, and joyned Col. Daniell; eight of our vessells are within the River. Wee find the Castle much stronger then it hath been represented to us by any person. Itt is very regular, a very wide, deep moat round it, a large platform mounted with great guns built on that side fronting the River, and not to be scaled with any ladders wee have brought with us, can make, or mount. Wee have taken some prisoners, which tell us water is very scarce and bad in the Castle, that provision will shortly be all spent, and that they are at least 1,000 eaters in it. We are not so sure we have so shutt up the Spaniards in their Castle that they cannot fetch in provisions, but we doubt not but in two daies to do itt effectually. We can foresee nothing, but an overpowering and speedy assistance sent to the besieged, can hinder our taking the Castle. However, least our other attempts on itt, and our expectation of starving them to a surrender, may not succeed or answer our expectation, we have sent Capt. Risbee in Capt. Outerbridge his sloop to Jamaica to gett us mortars, shells, powder and shott, and some other small necessarys. Wee are resolved wee will not returne the thing undone, as long as we have the least prospect or hopes of doing it. Signed, Ja. Moore, Robert Daniell. 1¼ pp. [C.O. 5, 382. Nos. 8, 8.i.]
Nov. 26.
Whitehall.
1194. Council of Trade and Plantations to the Queen. Representation upon Order of Council, July 9, relating to Appeals in Barbados. The persons most interested in Barbados have represented that any alteration in the sum to be appealed for from thence to your Majesty (500l.), or in the time in which such appeal shall be made (14 days), may be prejudicial to your Majesty's subjects inhabiting or concerned in that Island. And no application having yet been made directly from the Island for the alteration now proposed, we are humbly of opinion that no determination be made in that matter till the Petitions and other papers relating thereto be communicated to the Governor and Council for their opinion and the general sense of the inhabitants of that Island known therein; which we think the more necessary inasmuch as all your Majesty's other Plantations in America are concerned in the consequences of any such alteration. Signed, Dartmouth, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. [C.O. 29, 8. pp. 263, 264.]
Nov. 26.
St. James's.
1195. Order of Queen in Council. Approving the above Representation, and ordering the Lords Commissioners of Trade and Plantations to give the necessary directions thereupon. Signed, Edward Southwell. Endorsed, Recd. Read Dec. 3, 1702. ¾ p. [C.O. 28, 6. No. 90; and 29, 8. p. 265.]
Nov. 26.
St. James's.
1196. Copy of Commission to Major Richard Ingoldsby to be Lt. Gov. of New York and the territories depending thereon. Countersigned, Nottingham. Subscribed, A like Commission to the same to be Lt. Gov. of Nova Cæsaria (New Jersey). 1¾ pp. [C.O. 5, 1084. No. 10; and 5, 1047. No. 78; and 5, 1119. pp. 247, 248.]
Nov. 26.
St. James's.
1197. Copy of Commission of Major Richard Ingoldsby to be Lieutenant Governor of New Jersey. Countersigned, Nottingham. Endorsed, Recd. 10th, Read Dec. 11, 1702. 2 pp. [C.O. 5, 970. No. 11; and 5, 994, A. pp. 128, 129.]
Nov. 26.
Boston.
1198. Minutes of Council of the Massachusetts Bay. Whereas the General Assembly have lately past an Act for the imprinting and emitting of Bills of Credit on this Province, Ordered that John Foster do deliver the copper plates heretofore used for the like occasion within the late Colony of the Massachusetts Bay, and deposited in his hands, unto James Russell and Elisha Hutchinson, two of the Committee appointed for the service aforesaid.
Ordered that the Bills of Credit to be imprinted be stamped with the three Lyons passant gardent, with the Garter and the Crown over them, contained in an escutcheon of a different figure for each number of Bills of one and the same sum, the Bills to be of two shillings, 2s. 6d., 5s., 10s., 20s., 40s., 3l., and 5l.
James Russell, Elisha Hutchinson, Nathaniel Byfield, John Leverett and Samuel Legg, the Committee appointed by the General Court for the imprinting and signing of the Bills of Credit, were severally sworne faithfully to intend the management of that affair and the trust in them reposed.
8l. 10s. paid to Joseph Lynde for expences in a late journey made by H.E. to Dunstable.
Licence granted to Henry Bridgham to erect a barn of timber on the easterly part of his father, Joseph Bridgham's land, in Boston, where he is about to settle a tan-yard, for the lodging and grindeing of his barke in, to abut on the lane nigh Atkinson's Dock.
Licence granted to Benjamin Emmons, jr., of Boston to erect a timber dwelling house upon his land abutting on the back-street over against the dwelling house of Capt. Anthony Checkley, between the house of John Cunnibal, and the house of widow Smith, the end of the said house next unto the house of Cunnibal to be of brick, the other end to be plaistered and the roof slated. [C.O. 5, 789. pp. 471, 472.]
Nov.26.1199. Journal of House of Representatives of New York. Petition of Martin Clock, Jacobus Vander Spiegel and Arien Hooglant, Prisoners in the custody of the Serjeant at Arms, praying for their discharge, rejected.
Bill to enable New York to supply vacancies sent down with amendments, which were agreed to, and the Bill sent up.
The Address to H.M. was read and Signed, and sent up to H.E. to transmit for England.
Bill for regulating slaves was read the third time and sent up.
Bill to declare the illegality of the late Court of Chancery was read the second time.
Bill appointing Commissioners to examine the Accounts etc. was read the third time and sent up.
Bill for prohibiting the distilling of rum and burning of oyster shells into lime within the City of New York, or within one mile distance of the City Hall, was read the first time.
Amendment of the Joint Committee to the Bill for encouragement of a Free School was agreed to by the House.
Message from the Council, with amendments to the Bill for regulating slaves was agreed to.
Bill for encouragement of an English Free School, and for regulating slaves, sent up with amendments agreed to.
Bill against forging, counterfeiting and clipping of foreign coyn amended.
Nov. 27.Bill for continuing the Revenue was read a first and second time and committed. Amendments were rejected and the Bill read a third time and sent up.
Bill to declare the irregularity of the late Court of Chancery was read a third time and sent up.
Bill against forging and clipping foreign coin read the third time and sent up.
Petition of Martin Clock etc. [as Nov. 26] rejected.
H.E. summoned the House to attend him and gave his assent to the 14 Acts passed in November. He then adjourned the General Assembly to the first Tuesday in April next. Printed and sold by W. Bradford, Printer to the Queen's most excellent Majesty in New York, 1702. [C.O. 5, 1185. pp. 19, 20.]
Nov. 27.
New York.
1200. Col. Quary to the Earl of Nottingham. By reason of contrary winds, it was the middle of October before I arrived in Virginia. I did immediately dispatch away my orders to Carolina to purchase such a proportion of the provisions which that country can best supply. I had quickly advice that all things would be ready there by the middle of November. I did quickly buy the biskett and flower in Penselvania, which is esteemed the best in America. When all things were ready, I sent your Lordship's letter to my Lord Cornbury about providing a convoy, and soon after came hither in order to dispatch that affair, but found H.M.S. Jersey laid up, unrigged, and all her guns ashore. H.E. and the Captain concluded that it was not possible for the ship to be got ready before the frost would set in here. I did then propose that a small ship might be manned with those men that did belong to the man of war; H.E. was willing, but on a further view of H.M. orders, he found that he was to send H.M.S. Jersey and no other, and the Captain thought that he could not justify the taking the men from the Queen's ship. She will be ready on March 28, at which time all things shall be ready and shipped to go with the convoy. I have by a sloop now bound to Jamaica writ to Admiral Bembo and the Victuallers' Agent to acquaint them with this delay. I presume it will be no injury to H.M. service, since the last vessel that came from Jamaica about 10 days ago gives me assurance that the land forces designed for that place were not arrived. All the provisions are bought and ready according to H.M. Orders however etc. Signed, Robt. Quary. Endorsed, R. Feb. 11, 1702/3. Addressed. 2 pp. [C.O. 5, 1084. No. 11.]
Nov. 27.
Whitehall.
1201. Journal of Council of Trade and Plantations. Further progress made in Report to the House of Lords.
Nov. 28.Above Report signed and delivered to Mr. Blathwayt to be laid before the Committee of that House as required, together with several papers. [C.O. 391, 15. pp. 292–295; and 391, 96. Nos. 191, 192.]
Nov. 28.
Whitehall.
1202. Council of Trade and Plantations to the House of Lords. In answer to Order of Nov. 24. Enclose copies of papers previously calendared. As to Propriety and Charter Governments we humbly refer ourselves to our opinion frequently given in that behalf. Signed, Dartmouth, Ph. Meadows, Wm. Blathwayt, Jon. Pollexfen, Mat. Prior. Annexed,
1202. i. Report upon irregularities in the Fishery of New-foundland. Refer to Report of Capt. Leake. Upon which it is humbly offered, that in the tenth and eleventh years of His late Majesty's Reign, an Act was past to encourage the Trade to Newfoundland and prevent these and other abuses; whereupon copies of the said Act have been constantly delivered by us to the Commanders of the convoys going yearly to Newfoundland, with further directions to make enquiry into all abuses, and do all that in them lay to hinder the same, and to return us an account of their proceedings, which has had a good effect, and in a great measure lessened the abuses. But for a more entire remedy, it is proposed that a power be given, by a clause in an Act of Parliament, to the Admirals of each Harbour in Newfoundland, as also to the Commanders of H.M. Ships of war there, to lay fines and penalties upon offenders against the said Act, according to the nature of the offence committed, no such fine exceeding the sum of 5l. sterl., as likewise a power of confining such offenders in case of non-payment, such confinement not exceeding the space of 10 days. To remedy the abuses of the New England traders; it is proposed that the Commanders of H.M. ships of war have the power of a Custom House Officer to search those New England ships upon their coming, and to take an account of the number of their seamen and passengers, as likewise to take bond from each of the Masters, that they shall not carry away a greater number of men than they brought. [C.O. 5, 1290. pp. 250–258.]
Nov 29.
Whitehall.
1203. Council of Trade and Plantations to the Queen. We humbly beg leave to lay before your Majesty an Act past in the General Assembly of your Majesty's Bermuda or Summer Islands, intituled An Act to prevent the oppression and extortion of Officers. The preamble containing a large deduction of misdemeanours committed by Edward Jones, formerly Provost Marshal General and Secretary, and by reason of those misdemeanours suspended by the Governor, the whole purport of the said Act upon occasion of the crimes charged upon him does lay such restrictions upon all future Provost Marshalls and Secretarys there as are derogatory to your Majesty's prerogative and right of appointing such officers, so that we humbly offer your Majesty would be pleased to signify your disallowance of the said Act. Signed, Rob. Cecill, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. [C.O. 38, 5. p. 322.]
[Nov. 30.]1204. Capt. Richards to the Council of Trade and Plantations. I am ignorant of the former particulars of the Company. But as Mr. Thurston makes mention of only two whole cloathings since Sept. 1689, I am oblidged in behalf of the poor soldiers who are so laboriously engag'd for the securing of this place, which is so unmercifully destructive to their cloaths. 'Tis so very bad at present that besides what few things may be got for their winter supply, I must provide them with half a score watch coats to enable them to an exact performance of duty. Two serjeants besides several others have been disabled by the extremity of last winter, and as the half of the company are of six years' standing, and have been often troublesome, expecting of being relieved ere this, and have like to been of bad consequence by the ill example of those sent us last year. The French deserters make the same their plea, and don't doubt but shall hear more of them, but have good hopes it won't be our condition this year. I will leave no stone unturned to prevent it by encouragement or strict care. We have lately received such discouragement for not depending on the inhabitants that the present Commander is sensible of the insufficiency of the number of soldiers and officers as much, and remind your Lordships of further supplies granted so as if only to complete two companies there may be a supply of officers on account of accident, and as one Lieut. is permitted for his health to go for England, I can't but mention that the extremity of the last winter took from me the use of my limbs wch. I cannot reasonably propose to recover here, and hope through your Lordships' care if I continue so unfortunate, I may without prejudice to the service be permitted to return, not questioning by God's leave to put the works in a sufficient posture of defence so as to be finisht by my Assistant that is with me. Refers to accounts of the Company, and prays that they may for the future be clear, and that the Agent's charges be so moderated that there may be no just complaint from the officers as well as soldiers in the very small subsistence that is received. And as the soldiers are grown quite weary of this country service, I have repeated this only to remind your Lordships that they may have more then continual promises for their encouragement and that an exact account of their whole contingencies may be enquired into, and the arrear to be made good notwithstanding the misapplication of others, wch. your Lordships ordering the disposal of the same according to the true interest, it may be a general benefit to the Company in repair of kettles, platters, cans etc. as well as in the cloathing, wch. is in a despicable condition. Signed, M. Richards. P.S. The inconveniencys are very great of brewing mault drink in the best of weather, and in the winter is not to be done, wch. for the time past was remedied by exchanging the mault for mallassoes, the which this year could not be complied with in respect the provisions came so late, and inasmuch as that the want of storeroom here as well as in the expence of transporting hither, doe request that as the drinks brewed in this country is much the wholesomer, and beyond comparison the easier brewed, the price of the mault may be remitted for the allowance of the beer. Endorsed, Recd. Nov. 30, 1702. Read March 18, 1702/3. Holograph. 3½ pp. Enclosed,
1204. i. Copy of the establishment of the Company at New-foundland, and an account of 50l. allowed for the contingent use thereof. Endorsed, Recd. Nov. 30, 1702. 2 pp.
1204. ii. State of the Subsistance of the Company at Newfound-land and an account of the money ordered for them in June, 1702. Same endorsement. 2¼ pp. [C.O. 194, 2. Nos. 84, 84.i., ii.; and 195, 3. pp. 190–198.]
Nov. 30.
Whitehall.
1205. William Popple to Lieut. Governor Bennett. Enclosing Order in Council of Nov. 14 repealing the Act to prevent the oppression and extortion of officers. And besides the reasons of this allowance exprest there, which were partly hinted at by yourself, Aug. 28, 1701, the Council of Trade and Plantations signify to you that the faults of one officer are not to be esteemed a sufficient ground for altering the constitution of an office, and that upon any misbehaviour of Patent Officers, they ought not to be corrected in an irregular manner (as was done by this Act), but the complaints and proofs should have been, and so for the future in like occasions are to be, laid before H.M. for her pleasure therein. [C.O. 38, 5. pp. 328, 329.]
[Nov. 30.]1206. Papers received by the Council of Trade and Plantations from Governor Lord Cornbury, Nov. 30.
1206. i. List of persons fit to be of H.M. Council of New York :— John Bridges, Dr. of Civil Law, Col. Caleb Heathcote, Wm. Nicholls, Thomas Wenham, Mathew Ling, Killian van Renslaer, Philip French, Stephen De Lancy.
1206. ii. [? Lord Cornbury's] Reasons for suspending William Atwood from being Chief Justice, Judge of the Vice Admiralty and of H.M. Council of New York. In the execution of his office of Chief Justice and as Judge in almost all causes that came judicially before him he, by the general report of all present, did openly, notoriously and most scandalously and with wonderful partiality, in almost all causes where his son was concerned as Councell, and indeed pleaded and gave countenance to such cause and finally gave judgment on that side, by which means Justice was perverted, which recommended his son to great practice. Of his partiality I have myself always been a witness as often as he hath sate with me in the Court of Chancery here. Upon my arrival immediately a great number of the principal inhabitants of the Province, English, Dutch and French, together with the Minister of the English Church, who had for some time before been drove from their habitation of New York, and had been forced to shelter themselves and their goods in the neighbouring Province by reason of a violent and unheard of persecution by the persons then exercising the powers of Government, came to me on board H.M.S. Jersey, most grievously complaining of the great hardships that they and a great number more of the principal inhabitants, who had been forced to fly into other Provinces more remote, have lay under; that had it not been for the hopes of my speedy arrival, New York and a great part of the Province had been left desolate. Mr. Atwood and Mr. Weaver, persons extreamly indigent, violent, partial, of unjust and turbulent spirits, had so prevailed with and imposed upon Capt. John Nanfan, the then Lt. Gov., a young man of small experience and knowledge, so that they had drawn to themselves and their party the whole administration of the Government, and had complotted and contrived the ruin of the principal inhabitants, that their estates, which were very considerable might be forfeited to the King, as they reported, for the payment of the debts of the Government, which thro' their mismanagement were grown to be very considerable. After my arrival in this Port, the weather being stormy, before I could land, Atwood and Weaver, together with the pretended Assembly, did in wonderful haste, to secure the interest of their party, compile, pass and publish Acts very destructive to the good subjects of this Province, inconsistent with H.M. service, contrary and repugnant to the Laws of England. Some time after my landing, a very great number of the principal inhabitants presented me with an Address, consisting of divers complaints against the persons concerned in the late Administration, and 33 Articles against Attwood, with several records and a great number of affidavits to justify the same. Amongst many other complaints, which I think to be clearly proved, was the prosecution of Col. Bayard and Alderman Hutchins etc. which had appeared so scandalous and unjust to the neighbouring Governments that they had earnestly interposed with the persons then in the Government to put a stop to their proceedings, which seemed to them so extravagant and without ground or precedent, but were answered with rudeness and contempt. Notwith-standing the Addresses were never produced in Court in those trials, nor the matter contained in them ever duly proved, he proceeded to condemn them for High Treason and passed sentence of death on them. Attwood, the better to stifle and conceal the artifice and irregularities practised in those trials, had taken care that no notes should be taken in Court, and his concern to prevent an exact relation of what passed was so great, that he gave strict order to an officer to search all rooms near the Court to discover if there were any taking the trial, and prohibited any person taking the same. However, several persons had taken memorials of what their memories could retain, and the trial of Col. Bayard, collected from thence, was soon after delivered to me. Copy. New York, Oct. 2, 1702. Signed, Dan. Honan, Secry. Endorsed, Recd. Nov. 30, Read Dec. 29, 1702. 2½ pp.
1206. iii. Copy of Warrant suspending William Attwood as above. June 9, 1702. Signed, Cornbury. Endorsed, Recd. Nov. 30, 1702. 1 p.
1206. iv. Lord Cornbury's Reasons for suspending Thomas Weaver, H.M. Collector and Receiver General of New York. He has appeared to me a mischeivious incendiary, promoter and stirrer of the disorders and divisions, not only in these parts but in the Leeward Islands, where some time he made his abode before his coming hither. In his payment of the public money, he hath used great partiality and corruption. By his corruption and mismanagement of his office, that part of H.M. Revenue rising by excise hath been very much lessened; that of the City of New York alone being diminished ⅓rd since he hath been entrusted with the Revenue. I cannot find that he has kept any due accounts, and has neglected to make up his quarterly accounts and transmit duplicates to England every six months. The public being by the mismanagement of Weaver and others brought much in debt and discredit, he entered into combination with other, his confederates, to cause several of H.M. good subjects in this Colony of plentiful fortunes to be accused and prosecuted for supposed treasons and other crimes, that by the forfeiture of their estates such debts of the Government might be satisfied. Pursuant to such his wicked practices, he procured himself to be appointed Solicitor General (a new office in this Government), for that purpose, the Attorney General giving his advice and opinion to the contrary, and declining to appear in such unjust prosecutions. In combination with other his confederates, he prosecuted Col. Bayard and Alderman Hutchins etc. At my arrival he denied to have any of the public money in his hands. Though I have often desired him, I never could obtain any account whatsoever of the state of the Revenue etc. He has given great discouragement and interruption to the lawful trade of the Province, maliciously prosecuting and seizing divers ships without any just cause, only to gratify his own private quarrels and revenge. Although several of those ships were legally discharged from his feigned informations, yet, in prosecution of his malice, and to give the owners and masters further vexation, he again caused them to be seized and condemned for the same facts. In conjunction with Col. Depeyster, he procured himself to be Paymaster to H.M. forces here, in the management of which matter the officers were upon all occasions delayed, and by Weaver rudely and scurrilously treated, and the soldiers unjustly and unduly paid, nor could they ever till the time of my arrival procure from them an account of their pay and offreckonings, but were made to believe that their subsistence by them often paid them was advanced out of their own pockets, by which management the soldiers were greatly discouraged and was chiefly the reason so many of them so often deserted. Upon my arrival Depeyster and Weaver acquainted me that the merchants of this place were so ill-affected to H.M. service that they refused to supply such money as was necessary to subsist H.M. forces upon giving bills upon the Agent in England as had been accustomed, but upon enquiry it appeared to me that those merchants who usually supplied that money were by the violent prosecution upon the account of the Addresses constrained to fly out of the Province, who immediately came to me and made offer to supply all such money for H.M. service. Copy. New York, Oct. 2, 1702. Signed, Dan. Honan, Secry. Endorsed as preceding. 2¼ pp.
1206. v. Copy of Warrant for suspending Thomas Weaver as above, June 9, 1702. Signed, Cornbury. 1 p.
1206. vi. Lord Cornbury's Reasons for suspending Col. Abraham Depeyster from H.M. Council of New York. By the universal clamour of the people he is accused as a principal promoter and actor in the disorder and divisions amongst them. Together with Wm. Attwood etc. he hath taken part in unjust prosecutions etc. as of Bayard and Hutchins. By confederacy with divers others he procured certain bills to be passed in form of Law to forfeit the estates of the subject without any crime, conviction or attainder, to deprive the subject of his just, legal and natural right, and to pervert the public money to private and corrupt uses. Since my arrival he has industriously opposed the right and due administration of justice in the Court of Chancery here, showing great partiality in all causes, where any of his party were concerned. Copy. Signed and dated as No. iv. Endorsed, Recd. Nov. 30, Read Dec. 29, 1702. 1½ pp.
1206. vii. Lord Cornbury's Reasons for suspending Capt. Robert Walters from H.M. Council of New York. Similar to preceding. Dated, signed and endorsed as preceding. 1½ pp.
1206. viii. Lord Cornbury's Reasons for suspending Samuel Staats from the Council of New York. Similar to No. vi. Dated, signed and endorsed as No. vi. 1¼ pp.
1206. ix. Copy of Warrant for suspending Abraham D'Peyster, Samuel Staats and Robert Walters from the Council of New York and from being Justices of the Supreme Court of Judicature. Suspended June 9, 1702. Dated and signed as No. iv. Endorsed, Recd. Nov. 30, 1702. 1 p.
1206. x. Address of some Inhabitants of New York to Governor Lord Cornbury against Mr. Attwood and Mr. Weaver. Sept. 5, 1702. We look upon this great deliverance from our eminent ruine in prosecution at the time of your Lordship's arrival to be a singular providence of Almighty God. Refer to the Addresses etc. We also beg leave here to lay before your Lordship more fully the late great misfortune the Province hath labored under by having the powers of Government, after the death of the late Earl of Bellomont, vested in Capt. Nanfan, a young gent. (doubtless recommended to that station by the said Earl for his near relation to his Lady), void of experience and much addicted to intemperance, of which the said Earl was so sensible, that before he removed to Boston he took care to get his Commission altered, and all the power(s), which by his former Commission were to be exercised by the Lieut. Governor in his Lordship's absence independent on the said Earl, to be restrained, and Capt. Nanfan wholly subjected to his Lordship's directions. Notwithstanding H.M. directions not to espouse parties, after he had for some time shewed an indifference, yet was he imposed upon and corrupted by the said Councils of Wm. Atwood and Tho. Weaver, Abraham De Peyster, Saml. Staats and Robert Walters, persons of mean capacities, small experience and great malice etc. etc. It was the hopes conceived of your Lordship's speedy arrival made any of us remain in this Province after Col. Bayard's conviction, where we were so oppressed and so ill treated and threatened, that we found ourselves unsafe in being seen to converse together, or shewing the least resentment at these proceedings. In the latter end of these convulsions, even when it was publickly known your Lordship was arrived within the entrance of this Port, in 24 hours they did frame, pass and publish such Acts for the fortifying themselves in the Government for the future as are repugnant to the Laws of England, hurtful to H.M. interest, destructive to an English liberty, the trade and welfare of the Province, and the peace and quiet of the subject, and to color and carry on this their detestable design, have tackt the said Bills to one of two years' Revenue, dividing considerable part thereof among themselves, which Revenue has been and is provided for the necessary support of the Government and will not determine in four years to come. Although we are the stronger part of the Province, and were profer'd assistance of force from the neighbouring Colonies, to relieve us from these oppressions and prevent the execution of the prisoners, we declined that method of redress. Pray H.E. to make a Representation to H.M. of the whole matter. Signed, Fred. Flipse, Jacob Kersteade, Lucas Kersteade, David Law, James David, Peter Rollan, Corn. Kersteade, Ben. Blackgrave, Jno. Finch, Geo. Stanton, Richd. Plested, Saml. Bayard, Jno. Barbarie, Robt. Watts, Lancaster Syms, Cha. Wolley, Ja. Bayard, Bart. La Feurt, Benj. Aske, Jno. Shakmaple, Wm. Teller, Robt. Skilton, Jno. Sheppard, Jno. Smart, Wm. Moese, Danl. Dunskum, Hugh Farquhar, Edwd. Marshall, Pet. Lakeman, Robt. Anderson, Tho. Roberts, Robt. Drummond, Richd. Garsley, Edmd. Kaems, Wm. Robertson, Henry Kembell, Wm. Galt, Wm. White, Jerem. Calcut, Jam. Harding, Wm. Chisnal, Pierre Bontecau, Peter Basset, S. Valleau, Robt. White, Peter Caulier, Andr. Faucout, Roger Baker, James Davis, J. V. Cortlandt, Thennis Dekey, Wm. Huddlestone, Brandt Schuyler, Benj. Faneuil, Claude Bowdwin, Saml. Burt, August Lucas, Nich. Jamain, Wm. Anderson, Gabrll. Ludlow, Wm. Morris, Tho. Burroughs, Nath. Marston, Caleb Cooper, Jos. Mallenson, Louis Carré, Abr. Juneau, Peter Murrein, Richd. Sacket, Jos. Wright, Wm. Chambers, Robt. White, Corn. Viele, Robt. Nisbet, Steph. Richards, Johan D'Honneur, Jos. Blydenburg, Beverly Latham, Tho. Codrington, Pat. Crawford, Wm. Laurier, Wm. Janaway, Etienne Perdrieau, Peter Thannet, Bon Grande, Lau. Reade, Coenrad Vanderbeck, Tho. Wenham, Tho. Davinport, Wm. Smith, David Lyel, Richd. Willet, Walter Thong, Wm. Peartree, Michl. Howden, Jno. Corbet, Jerem. Tothill, Jno. Crook, Tho. Montague, Saml. Mynderts, Elias Boudenot, David Vilant, Danl. Cromeline, Bart. Thonneur, Wm. Anderson, Pet. Bayard, J. Jansen, Ja. Wells, Jos. Aspinwall, Richd. Overin, Ralph Thirman, Obadiah Smith, Ja. Wright, Wm. Bickly, Steph. Delancey, Philip Juneau, Jan. Vincent, Ferd. Ravaud, F. Vincent, Dennis Hegeman, Paul Droillet, Giles Gaudineau, Aug. Grasset, Fran. Hewling, J. Granby, Nathl. Randal, Gabll. Minveile, Peter Marius, Johan. Harperdinck, Johan. Kip, B. Bayard, Jean Pelletreau, John Harris, O. V. Cortlandt, Johan Van Zant, Andr. Stuckey, Andr. Teller, Jno. Theobalds, Tho. Ives, Tho. Adams, Pat. Musset, Robt. Motte, Jno. White, Robt. Parkinson, Bern. Hardenbroock, Fran. Chappel, Roger Jones Jno. Davinport, Barth. Le Rouse, Geo. Dod, James Spencer, Edwd. Cole, Cha. Denizo, A. Bonnin, Elie Pelletveau, Jean Le Chevalier, René Rizeau, Abrm. Rizeau, Saml. Loveridge, Wm. Hayward, James Beard, Jno. Trevet, Jno. French, Jno. Leventhorp, Zach. Angevin, Peter Moutell. New York, Sept. 5, 1702. Copy. Signed, per Dan. Honan. 3 closely written pp. Endorsed, Recd. Nov. 30, 1702.
1206. xi. Articles exhibited by the principal Merchants, Free-holders, and Inhabitants of the City of New York, against Wm. Atwood, Chief Justice. (1) He is appointed Chief Justice and Judge of the Admiralty for this Plantation, and the Elizabeth and Catherine on an information on the 7th and 8th of King William having been acquitted by the said Court of Admiralty, by color of a prohibition from the Chief Justice of the Supreme Court to the Judge of the Admiralty, as Chief Justice of the Supreme Court he annulled the sentence in the Admiralty, and as Judge of the Admiralty he on the said information condemned the ship, to the grievous dammage of the owners, and the destruction of the trade of these parts. (2) Contrary to his Commission and Ordinance of the Governor and Council for erecting the Supreme [Court], he sat solely without the presence or assistance of his fellow Justices, and annulled the said sentence in the Admiralty in a new special Supreme Court ordered for that purpose. (3) The Defendants then appealed to the Lieut. Gov. and Council, where, by his influence, being one of the Council, the judgment of the Supreme Court was affirmed. They appealed to H.M., notwithstanding which he proceeded in the Admiralty to the condemnation of the ship. (4) On an information exhibited in the Admiralty against the sloop Susan, a vessel built in this city, never out of the road, he confiscated her under color of her wanting a Register, though the same had been demanded, and the absence of the Lt. Gov. at Albany made it impossible to obtain one. (5) Contrary to the Charter of the City and the constant usage and practice, he advised the late Mayor to swear the new Aldermen. (6) Several persons, not being chosen, having returned themselves Aldermen and being for the said false returns presented by the Grand Jury for the City and County of New York, he without any just cause or admitting any argument, quashed the said presentments. (7) He corruptly condemned the ketch Catherine in the Admiralty, under color of breaking bulk, when the only pretended fact was the bringing on shore 7 or 8 ounces of ambergrease, and that without due proof of the said fact. (8) He advised, promoted and maintained some persons to act and sit as an Assembly, though an equal number of persons elected objected against the Speaker, as an Alien, whereby the matter could not come to any just decision. (9) Being corrupted by a bribe he influenced the late Lieut. Gov. and Council to pass a private Act of Assembly to alter and divert the property of the subject, the parties concerned not being summoned to make their defence. (10) He committed to the Common Gaol Alderman Jno. Hutchins without bail or mainprize for no other cause than that he would not, on an arbitrary Order, deliver up Addresses to H.M., the House of Commons and Lord Cornbury, though the same were not in his custody nor in his power to procure. (11) He committed Col. Bayard to the Common Gaol for high treason, under color that in a petition from him etc. to the then Lieut. Gov. and Council, wherein was expressed that H.M. had appointed Lord Cornbury to succeed in the Government, the said expression was a disowning of the then Lieut. Gov. and Council, though the petition was addressed to the Honbl. Jno. Nanfan, L.G. and the Hon. Council. (12) Contrary to the King's Letters Patents, he presumed to sit and hold a Court and act by a Commission ordered by the Lt. Gov. Nanfan, with the advice and consent of Weaver and Staats, only two of the Council, whereas there ought to be three at least. (13) After the expiration of a Commission of Oyer and Terminer specially limited to Feb. 19, he together with Abraham Depeyster and Robt. Walters tried and condemned Bayard and Hutchins. (14) Of his own meer violent humour and causeless malice, without any just reason or color of right, he laboured to procure them to be indicted of High Treason etc. (15) He caused it craftily to be incerted in the indictment against Bayard, that he endeavoured to incite the soldiers of the garrison against their commanders, when in truth there was not the least color for any such allegation, nor on the trial was there any one person of the garrison or otherwise that charged Bayard with any manner of fact to give ground for such a calumny. (16) Not being able to corrupt any other practitioner in the Law to prosecute Bayard and Hutchins and the Attorney General being of opinion that they were guilty of no crime, a new office of Solicitor General was erected with a salary, and Tho. Weaver, a principal actor in these contrivances, appointed. (17) The better to procure an indictment to be found by the Grand Jury against them for high treason, after the expiration of the Commission aforesaid, he injuriously expelled John Corbett, Caleb Cooper, Johan. van Cortlandt and Jacob Dekey after they were sworn of the inquest, only because they would not servilely comply with his arbitrary directions to find the said Bill without sufficient enquiry into the matters of fact alledged against the prisoners. (18) The Jury consisted of 19 persons, eight of which did publicly declare at the Bar of the said Court that they never consented to find the said Bill, nevertheless, the Bill being endorsed Billa Vera and signed by the Foreman of the said pretended Jury, without any better enquiry he dismiss'd the said Jurors from their further attendance, least the truth should more evidently appear, and declared that notwithstanding he would proceed upon that irregular Bill. (19) The easier to induce the Jurors to find the Bill, he threatened, in case they would not find it, he would prosecute Bayard and Hutchins on an information. (20) Having procured the said Bills, a motion being made to quash them, the Grand Inquest not having been summoned by a precept under the hands and seals of the Commissioners as by Law it ought, this he overruled, despairing of his ability to seduce the same or any other Grand Jury to find such Bills in the manner before set forth. However, knowing the mistake that had been committed, he ruled a new precept for summoning a petty jury, and the trial appointed then was postponed five days, when the same jurymen without any further summons appeared. (21) He corruptly, openly and unjustly declared for Law that an indictment for Treason by a Grand Jury (being as he termed it an Inquest of Office) might be found and was good by a less number than 12. (22) By his direction in the choice of a Jury for the trial of Bayard and Hutchins, 80 persons were returned by the then Sherrif, and the most of them prejudiced against Bayard and Hutchins, ignorant of the English Laws and Language, and the least sufficient for knowledge, probity and estates. (23) He openly in Court declared it a crime for the subjects in the Plantations to petition the House of Commons. (24) In his charge to the Jury on Col. Bayard's Trial, he strenuously and chiefly insisted that the petition of Bayard, French, Wenham and Van Dam to the then Lt.-Gov. and Council setting forth the Lord Cornbury's succeeding the late Earl of Bellomont was a positive disowning of the then Government and a plain overt act of Treason. (25) The surer to cover the iniquity of the prosecution, he positively forbad the taking in writing any notes of these trials. (26) Contrary to the late Act of Parliament, 7 and 8 Wm. III., he denied in Col. Bayard's trial to admit of evidence for the prisoner. (27) When several of the witnesses would not swear up to what Atwood would have screw'd them, they were upbraided for having sworn more fully before the Council, but they all positively denied his allegations, and affirmed that if more were concerted in the depositions before the Council than they then swore, it was unjustly imposed on them, and contrary to the truth of the matter. (28) During the Jury were out to consider of their verdict in the case of Col. Bayard, Atwood had a frequent private correspondence with them. (29) The better to vent his spleen against the Protestant Religion by Law established, and to eradicate the beginnings of a settlement thereof in this City, he raised false and injurious reports of Mr. Vesey, Minister of the English Congregation here, and by rude, scandalous reproaches and severe menaces forced him for fear of his life to leave the Province. (30) The more effectually to accomplish his design and trample on the liberty of the people, by menaces of fine and imprisonment he hath induced Jurymen to bring in their verdict according to his positive direction, where evidence was wanting to convince them of the matter of fact. (31) Having conceived an inveterate hatred against the principal English, French and Dutch Inhabitants, the better to effect their ruin and color his avarice and oppression, he hath falsely and unjustly misrepresented them as pirates, Jacobites and disaffected to H.M. Government, which in truth is a false, wicked, malicious calumny. (32) He has arbitrarily caused the subject to be spoiled of his livelihood and freehold, without any legal conviction or just cause found for such forfeiture. (33) The more effectually to perpetuate the power he had gained and to support the party he had made himself the head of, he advised and procured several Acts of Assembly to be passed after the arrival of Lord Cornbury etc. as No. vi. supra. Delivered by Thomas Wenham and the rest of the Petitioners. New York, Sept. 5, 1702. Copy. Signed, per Dan. Honan. Endorsed, Recd. Nov. 30, 1702. 3¼ pp.
1206. xii. Copy of proceedings about the Elizabeth and Catherine, Jno. Wake, Commander. June 13, 1701. (cf. Cal. A. and W.I. 1701.) In support of No. xi. supra, Article i. New York, Oct. 2, 1702. Signed and endorsed as preceding. 11 pp.
1206. xiii. Copy of Minutes of the Court of Admiralty, New York, Aug. 9, 1701, in the case of the Susanna sloop. To prove No. xi. supra, Article 4. Mr. Evets sworn saith that when Mr. John La Roux brought Mr. Parmiter's permit to load of July 24, 1701, he asked him if he was registered. Le Roux told him no, but he had liberty to load till the Governor came down. Aug. 16.—The sloop was condemned etc. New York, Sept. 5, 1702. Signed and endorsed as preceding. 2½ pp.
1206. xiv. Copy of Deposition of Thomas Noell, Mayor of New York. Oct. 14 last Atwood declared to deponent that the old Mayor might swear the new Aldermen by virtue of a former clause in the Charter. Since being Mayor, deponent has searched the Records and can find no precedent therefor. Signed, dated and endorsed as preceding. 1 p.
1206. xv. Copy of Deposition of William Sharpas, Town Clerk of New York, in corroboration of preceding. Signed, Will. Sharpas. Dated and endorsed as preceding. 2 pp.
1206. xv.(a) Deposition of Barne Cosens, July 8, 1702. William Atwood, C.J., produced a paper in Council, Oct. 10, written by Richard Harris, his Clerk, containing the opinion of the Governor and Council on their consideration of certain reasons laid before the Council Board by David Jamison in writing, Oct. 6, in pursuance of an Order of Council, Oct. 2, against passing a Bill for confirming the agreement between Thomas Swaertwout and Co. and Garret Aertsen, which paper was approved of by the Lt.-Gov. and Council, and deponent was ordered to enter it as a Minute of Council. Signed, B. Cosens. Dated and endorsed as preceding. 1 p.
1206. xvi. Copy of Deposition of Edward Antill, July 10. William Atwood was engaged as Council for Col. Jacob Rutsen, Ulster County, v. David Jamison, New York, and others, relating to a tract of land in Ulster County, which the latter had procured a patent for, and by his frequent solicitations and insinuations with Lt.-Gov. Nanfan and Council, as also with the Assembly, did procure an Act to divest Jamison etc. of their property, without hearing any legal defence they could make, which Jamison in presence of deponent prayed might be granted him. In Oct. or Nov. last, after the passing of that Act, a Master of a sloop from Esopus brought as a present to Atwood 2 barrels of strong beer, which were put into deponent's cellar, and sent by Rutsen. At the same time deponent was informed the said Master brought from Rutsen a bag of money of 50l. for Atwood. Confirms No. xi., Articles 15, 18, 21, 24, 25, 27, 28. Dated, signed and endorsed as preceding. 2 pp.
1206. xvii. Copy of Deposition of May Bickley, of New York, gent., July 22, 1702, confirming No. xi., Articles 6, 7, 16, 17, 21, 23, 24, 25, 27, 28, 30, 32. Signed, May Bickley. Dated and endorsed as preceding. 3 pp.
1206. xviii. Copy of Deposition of William Nicolls, June 30, 1702, confirming No. xi., Articles 6, 15, 17, 18, 20, 23, 24, 25, 27, 29. Signed, Wm. Nicolls. Dated and endorsed as preceding. 1¾ pp.
1206. xix. Minutes of the Court of Admiralty, New York, Dec. 26, 1701. Capt. Elias Hasket and William Pitman gave evidence that they saw some ambergrease on board the ketch Catherine. Jan. 10–14, 1702. Further evidence given that no ambergrease was found on board. Sentence and appeal. See No. xi., Art. 7. Copy. Signed, per Dan. Honan. Dated and endorsed as preceding. 3½ pp.
1206. xx. Copy of Deposition of David Jamison, July 22, 1702, confirming No. xi., Articles 9 (cf. No. xvi.), 26, 29, etc. Signed, David Jamison. Signed, dated and endorsed as preceding. 3 pp.
1206. xxi. Copy of Mittimus of Col. Bayard, Jan. 21, 1701. To prove No. xi., Article 10. Endorsed, Recd. Nov. 30, 1702. 1¾ pp.
1206. xxii. Copy of Mittimus of Alderman Hutchins, Jan. 19, 1701. Same endorsement. 2½ pp.
1206. xxiii. Copy of Deposition of Matthew Clarkson, Secretary of the Province of New York. Confirms No. xi., Articles 15, 18, 23, 24, 25, 26, 27, 29, 33. Signed, M. Clarkson. Signed, dated and endorsed as No. xi. 2¾ pp.
1206. xxiv. Copy of Deposition of Mr. Broughton, Attorney General of New York, July 24, 1702. To prove No. xi. Article 16. Signed, Sa. Sh. Broughton. Signed, dated and endorsed as preceding. 2 pp.
1206. xxv. Copy of Deposition of Johannes Cortlandt, one of the Grand Jury for the trial of Bayard and Hutchins. Mr. Weaver Solicitor General, read the indictments and brought deposition and evidences to them to be examined, some whereof were soldiers to whom Weaver ordered several quantities of strong drink. He insisted on being present whilst they examined the witnesses, whereupon they were adjourned till the afternoon, when Mr. Atwood, C.J., discharged Capt. John Corbet, Caleb Cooper, Jacob Dekey and Deponent from the said Jury. Signed, Johannes Cortlandt (who died before he could swear to it). Signed, dated and endorsed as preceding. 1 p.
1206. xxvi. Copy of Deposition of Samuel Clowes, July 3, 1702, confirming No. xi. Article 18. Signed. S. Clowes. Signed, dated and endorsed as preceding. 1 p.
1206. xxvii. Copy of Deposition of Ebenezer Wilson, July 15, 1702, confirming No. xi. Articles 19, 21, 29. Signed, Ebenezer Wilson. Signed, dated and endorsed as preceding. 1 p.
1206. xxviii. Copy of Deposition of James Emott, July 15, 1702, confirming No. xi. Articles 21, 24, 25, 27, 29. Signed, Ja. Emott. Signed, dated and endorsed as preceding. 2¾ pp.
1206. xxix. Copy of Deposition of Samuel Clowes, July 3, 1702, confirming No. xi. Article 23. Signed, S. Clowes. Signed, dated and endorsed as preceding. 1 p.
1206. xxx. Copy of Deposition of William Richardson, July 16, 1702, confirming No. xi. Article 27. Signed, W. Richardson. Signed, dated and endorsed as preceding. 1 p.
1206. xxxi. Deposition of Hugh Gray, Sept. 7, 1702, confirming No. xi. Article 27 etc. Signed, Hugh Gray. Endorsed, Recd. Nov. 30, 1702, 2½ pp.
1206. xxxii. Copy of Deposition of Laurence Van Hoock, High Constable of New York, confirming No. xi. Article 28. Signed, L. Van Hoock. Signed, dated and endorsed as preceding. 1 p.
1206. xxxiii. Copy of Deposition of Michael Christian, June 23, 1702, confirming No. xi. Articles 21, 24, 25, 27, 30. Signed, Mich. Christian. Signed, dated and endorsed as preceding. 2 pp.
1206. xxxiv. Copy of Deposition of John Ellison of New York, June 20, 1702, confirming No. xi. Articles 28, 30. Signed, John Ellison, Signed, dated and endorsed as preceding. 2 pp.
1206. xxxv. Copy of Deposition of Gabriel Ludlow, Clerk to the House of Representatives, July 22, 1702, confirming No. xi. Article 33. Signed, Gabl. Ludlow. Signed, dated and endorsed as preceding. 2 pp.
1206. xxxvi. Printed Copy of Proclamation by Lieut.-Governor Nanfan, March 10, 1701. Signed, John Nanfan. 1 p.
1206. xxxvii. Copy of Reasons offered by David Jamison to the Lieut-.Governor and Council against the passing of the Bill for confirming an agreement between Swartwout and Co. and Aertsen and Co. Oct. 6, 1701. Signed, dated and endorsed as preceding. 11 pp.
1206. xxxviii. Copy of Articles exhibited by the principal Merchants and Inhabitants of New York against Tho. Weaver, Collector. (i.) Contrary to an express Order of Council, made in the Earl of Bellomont's time, he hath unjustly taken upon him to pay warrants without respects to the priority of the dates or the said Order, to the great injury of the creditors and utter ruin of the credit of the Government. (ii.) Whereas the Government hath provided an exception in the said Order, for salaries which are to be paid quarterly, without respect to their dates, he hath taken upon him to refuse payment of such salaries during his pleasure, that he might have occasion to pervert the public money to his own private designs. (iii.) He has imposed upon the creditors of the Government, forcing them to considerable abatements or to remain wholly without their money. (iv.) The Elizabeth and Catherine being condemned in the Court of Admiralty and exposed to sale to the highest bidder for upwards of 700l., Weaver did extort from the purchasers 30l. in money and goods to the value of 25l. to his wife in consideration of his receiving 400l. in warrants of the Government. (v.) He corruptly combined with an indigent Jew fraudulently to procure such goods (unknown to the Master and Owners) to be put on board a merchant vessel of this place, as thereby to make her liable to condemnation. (vi.–vii.) He committed to gaol Alderman Hutchins and Col. Bayard etc. (viii.–xii.) He confederated with William Atwood etc. to prosecute Bayard and Hutchins for High Treason, and procured himself to be appointed Solicitor General for that purpose etc. (xiii.) Having embarkt himself with other Confederates in an unreasonable aversion against the principal English, French and Dutch Inhabitants of this Colony, and contriving their ruin and extirpation, he spread many false and scandalous reports misrepresenting and traducing them, as pirates, Jacobites, and disaffected to H.M., by that wicked, false and malicious calumny to bring them into disgrace with their Prince and prevent their gaining of credit and relief against the injustice and oppressions of Weaver and his confederates. (xiv.) The better to vent his spleen against the Protestant Religion by Law established and to eradicate the beginnings of a settlement thereof in this City, he invented false and injurious reports of Mr. Vesey, Minister of the English Congregation here, and by rude, scandalous reproches and violent menaces he forced him for fear of his life to leave the Province, in wch. it was plain, by the methods taken in the prosecution of Bayard and Hutchins, no true Englishman or lover of the English Nation and Laws could live in safety. (xv.) The firmer to establish the party he had espoused, and to ward himself from the just complaints of the English and other H.M. faithful and loyal subjects he had scandalized, injured, and as much as in him lay oppress'd and insulted, he combin'd with Atwood etc. to cause diverse Acts to be lately made, several after notice of your Excellency's arrival, to exclude the English people of this Province from their rightful liberties of electing their Representatives, to confiscate their estates without the accusation of any crime, appropriate the public money, place the balance of power in the least number of the people etc. Signed, dated and endorsed as preceding. 2½ pp.
1206. xxxix. Copy of Deposition of Derrick Vandenburgh, of New York, bricklayer, June 23, 1702, confirming No. xxxviii., Article iii. Signed, D. V. Burgh. Signed, dated and endorsed as preceding. 1¾ pp.
1206. xl. Copy of Deposition of Tho. Davinport, New York, Mercht., June 23, 1702, confirming No. xxxviii., Article 13. Signed, Tho. Davinport. Signed, dated and endorsed. 1 p.
1206. xli. Copy of Deposition of William Sell, New York, July 15, 1702. To confirm No. xxxviii., Article iv. On Feb. 27, Weaver ordered Deponent, being a Waiter belonging to H.M. Customs, to go on board and seize the barquentine Phillip, Tho. Gleave, Master, then arrived from Curacoa. Next day Weaver and the Searcher went on board and finding no prohibited goods, the seizure was taken off. Signed, W. Sell. Signed, dated and endorsed as preceding. 1 p.
1206. xlii. Copy of Deposition of Elias Neau, New York, Bolter, July 15, 1702, confirming No. xxxviii., Article 5. In Oct. last he sold two tons of flour to one Isaac Nahar, a poor Jew Mr. Weaver paying him 30l. New York money in cash and giving his bill for the remaining 30l. in 15 days, on that account. Signed, Elias Neau. Signed, dated and endorsed as preceding. 1¾ pp.
1206. xliii. Copy of Deposition of Rip Van Dam and Robt. Lurting, New York, Merchants, July 22, 1702, confirming No. xxxviii., Article 4. Signed, Rip Van Dam, Robt. Lurting. Signed, dated and endorsed as preceding. 1¾ pp.
1206. xliv. Copy of Minutes of Council of New York, May 3, 1699,—Aug. 15, 1699, and of accounts relating to the ship Fortune. Signed, dated and endorsed as preceding. 6 pp.
1206. xlv. Ordinance of Governor Lord Cornbury, suspending the proceedings of the High Court of Chancery of New York, "forasmuch as grievous clamors and complaints have been made by the people of this province against the unlimitted and unreasonable proceedings exercised in said Court, destructive to the Common Rights of the subject, the exorbitancy of the fees, of late taken in the said Court" etc. June 13, 1702. Printed by William Bradford, New York. 1 p.
1206. xlvi. Proclamation of Governor Lord Cornbury. "No Warrant of this Government whatsoever shall be allowed a sufficient voucher upon the account of Thomas Weaver, unless he personally appear and make it sufficiently evident to me and H.M. Council, that he hath paid the same, according to the purport thereof." Chear Hall, Orange County, Sept. 8, 1702. Printed as preceding. 1 p.
1206. xlvii. Proclamation of Governor Lord Cornbury, "Whereas sundry persons within the City of New York have made a common practice of heaping together great quantities of dead oysters as well as oyster shells, within the said City and of burning the same there into lime the nautious and unwholesome smoke and smell whereof hath been thought a very great means and occasion of increasing the malignant distemper with which the inhabitants have been and still are grievously afflicted, "forbidding the same to be done within one mile of the City Hall under penalty of 5l., New York money. Kingsbridge, Sept. 17, 1702. Printed as preceding. 1 p.
1206. xlviii. Proclamation by Edward Lord Cornbury. Whereas it hath pleased Almighty God for our sins, immoralities and prophaneness to visit the City and Province of New York with great sickness and mortality, of a very dangerous and infectious nature, notwithstanding which divers of the inhabitants have kept their dead above ground several days, which in all probability hath been a great occasion of spreading the malignity of the said distemper almost over the whole Province, whereby the greater number of the inhabitants of the said City dye daily, any Person who shall keep any humane corps uninterred longer than 12 hours after decease, shall pay 5l., New York money, for the use of the poor of the city. Kingsbridge, Sept. 17, 1702. Printed as preceding. 1 p.
1206. xlix. Proclamation of Governor Lord Cornbury. Summoning the Assembly appointed to meet in New York, Oct. 14, to meet at the Town of Jamaica in Queen's County, Island of Nassau, by reason of the great sickness and mortality at New York, Kingsbridge, Sept. 17, 1702. Printed as preceding. 1 p.
1206. 1. Proclamation of Governor Lord Cornbury. Adjourning the Supreme Court of Judicature, appointed to be held at New York, the first Tuesday in Oct., to Jamaica as preceding. Kingsbridge, Sept. 17, 1702. Printed as preceding. 1 p.
1206. li. Proclamation of Governor Lord Cornbury. Appointing Wednesday in every week after the date hereof a solemn Day of Fasting and Prayer, till further Order, for the imploring Almighty God to pardon the sins of the people, and to withdraw his judgments from this Province. Kingsbridge, Sept. 17, 1702. Printed as preceding. 1 p.
1206. lii. Memorandum of Minutes of Council of New York, Jan.—March, 170½. ¼ p.
1206. liii. Memorandum of Minutes of Council of New York. April, May, 1702. ¼ p. [C.O. 5, 1047. Nos. 84, 85, 85.i., 86, 86.i., 87, 88–135.]
[Nov. 30.]1207. William Penn's Answer to the Four Queries sent him in May and June. (i.) (ii.) The people chiefly engaged with me, and that settled the Province, were those called Quakers, and the Constitutions and Laws were framed and made accordingly, and solemn attestation was generally the way of pledging fidelity to the Crown and obedience to me under it, as also of giving of evidence, yet even as early as in 83, when an oath was desired of such as could swear, an oath was given, and so it stood till Governor Fletcher's time, and I remember no alteration since, but that those that were called Quakers were solemnly attested according to the Law and custom of the Province, and those that were of the Church of England, or other professions, that could take an oath, were sworn as required, whether in evidence or entering in office. (iii.) Heavy pieces of eight go for 7s. 8d., and light ones in proportion, dollars at 8s. 6d., the motive doubtless to bring into or keep money in the country. But I frequently discountenanced it, as much as I could, and expected directions from hence for a standard for that and the rest of the Colonies, upon the Continent at least, according to my letters to you upon that subject and did no otherwise confirm it than I did all the Laws promiscuously in the hurry of my coming away, referring to the King's Negative, in order to the regulation as aforementioned. (iv.) My title to the Lower Countries is by deeds of feefment from the Duke of York, and his letter of Attorney to his President and Surveyor General and Clerk to give me possession of the peace, and submission, which they readily did by Turf and Twig and Water, as also by a ready acknowledgement of me as Governor in open Court of Sessions, and which, as covenanted to do in the said deeds, he intended a confirmation and further grant by Letters Patent, when King, as appears by Sir William Williamses draught, by his Order in 88; but obstructed by the disorder the Court was in a little before the Revolution, and which I humbly hope, for the reasons therein exprest, will not be refused to be perfected by our gracious Queen: in which I would take leave to hope I shall not want your mediation. Signed, Wm. Penn. Endorsed, Recd. Nov. 30, Read Dec. 1, 1702. 1 p. [C.O. 5, 1262. No. 6; and 5, 1290. pp. 258–260.]