America and West Indies
August 1703, 6-10

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Institute of Historical Research

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Cecil Headlam (editor)

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1913

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609-639

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'America and West Indies: August 1703, 6-10', Calendar of State Papers Colonial, America and West Indies, Volume 21: 1702-1703 (1913), pp. 609-639. URL: http://www.british-history.ac.uk/report.aspx?compid=73616 Date accessed: 22 August 2014.


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August 1703, 6-10

Aug. 6.
Whitehall.
1000. Council of Trade and Plantations to the Lord High Treasurer. We have understood by letters from New Yorke, and by applications made to us here, that the payment of the four Companies in that Province is in great disorder, which may be very prejudicial to H.M. service; Captain Nanfan, the late Lieutenant Governour, being under arrest, upon account of their pay and bills drawn by him; so that we thought it our duty to represent the same to your Lordship, that your Lordship may be pleased to give such directions therein as may best conduce to the putting an end to those disorders. Signed, Dartmouth, Robt. Cecill, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. [C.O. 5, 1120. p. 16.]
Aug. 6.
Whitehall.
1001. Council of Trade and Plantations to Governor Dudley. Having in our letter of July 29, acquainted you with our intention to use our best endeavours, that H.M. may be pleased to send you some great gunns and stores thereunto appertaining; we are now further to inform you, that our report of the want thereof for the Castle of Boston, having been laid before H.M., according to what you had writ us, the same was graciously received, and we do not doubt but some supply might have been obtained, if we could have specifyed the particulars. But your letters in that respect having been too short, the same was referred to further consideration. We desire you therefore in order to our better proceeding on the like occasions hereafter, to send us a plan of the Castle of Boston, of that on Castle Island and of all other fortifications under your Government, made or to be made, with a specification of the guns that are already there, and of the guns and other materials which you desire may be furnished to them; that we may be thereby inabled to lay before H.M. such a particular state of the matter as may be necessary. Signed, Robt. Cecill, Ph. Meadows, Wm. Blathwayt, Mat. Prior. [C.O. 5, 911. pp. 115, 116.]
Aug. 6.
Whitehall.
1002. William Popple to William Penn. The Council of Trade and Plantations have ordered me to send you H.M. order in Council, Nov. 30, that the same be accordingly observed. [C.O. 5, 1290. p. 365.]
[Aug. 6.]1003. S. Thomson to the Council of Trade and Plantations. Returns thanks for recommendation for post of Attorney General of Virginia, and prays for a recommendation to the Admiralty for a passage for himself and family on board one of the men of war now bound thither. Endorsed, Recd. Read Aug. 6, 1703. 1 p. [C.O. 5, 1313. No. 26; and 5, 1360. pp. 406, 407.]
Aug. 6.
Whitehall.
1004. William Popple to Josiah Burchett. Recommending S. Thomson for a passage as above. [C.O. 5, 1360. p. 408.]
Aug. 6.
Whitehall.
1005. Council of Trade and Plantations to the Queen. We herewith humbly lay before your Majesty an Act past in your Majesty's Island of Nevis Dec. 21, 1702, For the better securing and confirming the Titles of Land in that Island, upon which having consulted your Majesty's Attorney General in point of law, and finding that by the clause confirming the titles of land to the possessors thereof (which confirmation is intended only to such possessors who have had possession thereof for seven years) the word, or, being inserted instead of the word, and, the possessors of land by disseisin at the time of making the said Act, tho' they never had possession for any time before, would thereby be confirmed in such possession against all persons whatsoever, which is apparently a mistake and contrary to the true intent of the Act, we humbly offer that your Majesty would please to declare your disallowance of the same. Signed, Rob. Cecill, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior. [C.O. 153, 8. pp. 205, 206.]
Aug. 6.
Whitehall.
1006. Journal of Council of Trade and Plantations. Upon intimation from Mr. Bennet that, having been out of town when notice was given him to attend, he was desirous to wait upon their Lordships with papers from his brother whensoever their Lordships shall think fit, ordered that he have notice to bring them with an abstract on Tuesday.
Letter from Mr. Stephen Thomson read, and letter to Mr. Burchett ordered accordingly.
Letter to Col. Dudley signed.
Letter to the Lord High Treasurer signed.
Representation upon an Act of Nevis signed.
Order of Council, July 30, concerning Mr. Penn's Instructions relating to the Acts of Trade, read.
The Lord Bishop of London's notes upon the two Acts of New Hampshire read, and ordered to be taken into consideration together with the said Acts, when the Board shall be ready to report upon them. [C.O. 391, 16. pp. 197–199; and 391, 97. pp. 557–559.]
Aug. 7.1007. Attorney General to the Council of Trade and Plantations. I have considered the Act of New Hampshire for the confirmation of town grants, and am humbly of opinion that it is fitt that the same be repealed, for that it confirms all grants of lands that have been heretofore made unto any person or persons by the inhabitants of the respective towns within that Province or by the Select Men or a Committee in each towne, without having any regard to a saveing of the rights of any persons who might be intituled to the same before the makeing such grants. I have also considered the Act to prevent contention and controversies that may arise concerning the bounds of the respective towns within this Province, and am of opinion that this is also fitt to be repealed, if the same intrenches on the rights of particular persons, as I find by Mr. Popple's letter the same hath been made to appear to your Lordships. Signed, Edw. Northey. Endorsed, Recd. Read Aug. 13, 1703. 1p. [C.O. 5, 863. No. 47; and 5, 911. pp. 124, 125.]
Aug. 7.
Boston.
1008. Minutes of Council of the Massachusetts Bay. H.E. communicated to the Council several letters just now received from Piscataqua, intimating the discovery of some French Indians, at or near Newichewannock; he acquainted them with the orders he had already given to the forces in those parts, for scouting and marching, and those in the County of Essex and Middlesex, which was thought sufficient until further intelligence.
Ordered, that the Selectmen and Overseers of the Poor of Boston do take a list of the names of all the free male negroes in the town capable of labour, with their wives and children dependent on them, and present the same to H.E. the Governor, and that H.E. be pleased to direct that they do some publick service equivolent to the dutys performed by H.M. subjects in traynings and watchings. [C.O. 5, 789. p. 525.]
Aug. 8.
Barbados.
1009. Governor Sir Bevill Granville to William Popple. Refers to enclosures. The Coventry and Kinsale men of war saile to-morrow with the trade that shall then be ready, they goe from hence to the Leeward Islands, which is a greivance to the vessels bound from hence, it being directly out of their way and may be fatal to them if the high winds should blow, which we alwaies expect at this time of the year, when the ships from hence and those at the Leeward Islands are joyned. I beleive the fleet will consist in near 100 sail. Signed, Bevill Granville. Endorsed, Recd. 22nd, Read Oct. 25, 1703. Holograph. 2pp. Annexed,
1009. i. Abstract of preceding. 1p.
1009. ii. List of 51 French prisoners sent to England from Willoughby's Fort on board several merchant ships. Aug. 3, 1703. Endorsed as preceding. 2pp. [C.O. 28, 6. Nos. 104, 104.i. ii; and (without enclosures) 29, 8. pp. 332, 333.]
Aug. 8.
Barbados.
1010. Governor Sir B. Granville to the Council of Trade and Plantations. The Gunners sent over hither by H.M. and appointed to be paid out of the 4½ p. cent., doe not yet know where they are to demand their pay: they will be under great hardships, if they are not put on an establishment whereby they may receive their pay here, and that regularly; for the present Mr. Cox has supplyed them upon my ingagement to see him reimburst. I take the liberty to lay this matter before your Lordships being all here under your care and protection, and do earnestly desire that by the repayment of Mr. Cox I may be discharged from my obligation to him, and that for the future there may be such orders sent hither as will impower the Commissioners of the Revenue to give the Gunners their pay regularly. Signed, Bevill Granville. Endorsed. Recd. 3, Read Nov. 5, 1703. Holograph. 2pp. [C.O. 28, 6. No. 104; and 29, 8. pp. 339, 340.]
Aug. 8.
Antigua.
1011. Governor Codrington to the Council of Trade and Plantations. My good Lords, I have received your Lordships' pacquet to-day by the advice boat, but I still continue so wretchedly weak and my head so dizzey that I can scarce read your Lordships' letters, much less answer them as I should. The fleet is expected every minute from Barbadoes, so I cannot hope to write to your Lordships to any purpose till the next Pacquet boat. I expected a Furlow by this ordinary, but find myself abandon'd by all my friends. Never man who liv'd was ever redue't to so low a condition as I have been; having lost every drop of blood in my veins, my eyesight and the use of my limbs. I beleive I cannot perfectly recover without a voyage to Europe. I should have been very well content to have lost my life, which everyone knows I ventur'd freely enough, provided Mr. Walker had done his Duty. Had he staid out his time at Guardaloupe, we should have been Masters not onely of all the people of that Island, but 800 the very choicest men of Martineque; and then the remaining conquests would have been very easy. Now we suffer for our own victory. The ruin'd people are all turn'd privateers, and these Island must starve and perish, if care be not taken of them. Signed, Chr. Codrington. Endorsed, Recd. 15, Read Oct. 18, 1703. Holograph. 2pp. [C.O. 152, 5. No. 33; and 153, 8. pp. 211, 212.]
Aug. 9.
Barbados.
1012. A. Skene to the Council of Trade and Plantations. Enclosing the last Quarterly Minutes, "but all the Ruled Paper being gone which you were pleased to send over, I am oblidged to transcribe them on such as I can gett here." Signed, A. Skene. Endorsed, Recd. 25, Read Oct.29, 1703. 1p. Enclosed,
1012. i. Memorandum of Minutes of Council of Barbadoes, Feb. 28, 1702/3—May 18, 1703. ½ p. [C.O. 28, 6. Nos. 105, 105.i.; and 29, 8. pp. 338, 339.]
Aug. 9.
Barmuda.
1013. Lt. Governor Bennet to Mr. Popple. You'I see by this voluminous pacquet (which I desire you to lay before their Lordships) that I have sent what chiefly relates to Mr. Larkin and myself; Sr. all I beg of you only to consider when you read my letter and vouchers, how much I have been injured, and pray observe what little reason Mr. Larkin had to differ with me, and then I am satisfyed I shall not suffer in your opinion. I am very sensible what great trouble we create to you and your Office, at which I am concerned but not to be avoyded by me etc. Signed, B. Bennett. P.S.—Sr. As I was closing this pacquet a sloop came in from Boston in New England, and brought me severall letters from their Lordships of March 16, 170½ and March 2, 1702/3 and March 19, 170½. What answers are expected to the same I will returne by the first opportunity. Signed, B. Bennett. P.S.—I have returned that letter directed to Mr. Larkin (which I suppose came from your Board) in my former pacquet, and yt that came enclosed with it from Sir Charles Hedges, I have returned it to himself, Mr. Larkin being gone before they arrived. Endorsed, Recd. Oct. 11, 1703. Holograph. 2 pp. [C.O. 37, 6.No. 1; and 38, 5. pp. 450, 451.]
Aug. 9.
Bermuda.
1014. Lt-Gov. Bennett to the Council of Trade and Plantations. Repeats beginning of No. 538. Since my last I have received three pacquets (one of which was from my Lord Nottingham); they were sent to me by the Governour of Barbadoes who arrived there in May. Those pacquets from your Lordships contained letters of November 30, January 26, March 2 and a duplicate of the same. In that of November 30 was enclosed a duplicate of H.M. Order in Council of November 14, 1702, relating to the disallowance and repealing an Act of Assembly, entituled an Act to prevent the oppression and extortion of officers, which Order I have taken care to publish and have it endorsed at the end of the said Act entred in the Assembly Book. In that from your Lordships of March 2, I find Mr. Larkin has made great complaints of his hard usage here, and of the little respect that was paid to his Commission, and your Lordships seem to blame me for not showing kindness and civility to him as H.M. Officer, nothing of all which was wanting to the utmost of my power, as will be made appear; and as his complaints are refer'd to an examination at his return to England, which I presume is in order to doe him justice, so I beg to have leave to come over and answer for myself, and make good my charge against him, wherein I doubt not but to make appear, that his indignities to me as Governour was more than I ought to have bourne, and as for his barbarous reflections, affronts and abuses to me as gentleman, they are beyond president, and I beg leave to observe that his imprisonment was not on account of my resentments, but for crimes committed against his late Majesty and this Government, so that I hope his being sent to the Castle, will in no measure be thought satisfactory for my being ill used, and although he complains of my want of respect to his Commission, yet if it had not been for the regard I had to it, Mr. Larkin should have been made sensible that I was not to be treated after soe infamous a manner, and I doubt not but your Lordships will represent it to H.M. accordingly when matters are duly examined into. I also acquainted your Lordships by Mr. Popple, that I have received a copy of Mr. Larkin's letter to your Lordships of August 19, to which I have returned herewith (I hope) a satisfactory answer, and as I must ever acknowledge your Lordships' great favour and justice in sending it to me, soe I dispute not but your Lordships will doe me right therein.—I also acquainted Mr. Popple, that I have received four pacquets from my Lord Nottingham all of May 7 was twelve months, with orders to proclaim war, which was accordingly done on September 20, and before that time upon consulting with the Council, H.M. had been proclaimed the 3rd of the same month. I also gave an account that on September 13 last, ten large French vessells were seen off from the West end of those Islands, whereof two run a shoar, and one remains a wreck, but I think it needless to proceed any further in that account, having so often transmitted it. Since my last, a letter came from Mr. Scheen, Secretary of Barbados, to Mr. Larkin which informed him he was made Secretary of all the Leeward Islands, whereupon Mr. Larkin desired I would let him goe to his post, which I readily consented to, without taking any manner of security from him; and upon his going he was persuaded to let me have copies of Affidavits he had taken as publick Notary since he came into this Government, and if any of them are made use of before your Lordships to my prejudice, I desire my brother, Mr. John Bennet, living in Essex Buildings, may be sent for, who is instructed what to say on my behalf. I have herewith sent an Affidavit of one Mr. Greatbeach, wherein your Lordships may see how I and the Council are abused by the late Sheriff, and I hope as I am here on H.M. Service, such barbarous practices will not be suffer'd: I conclude Mr. Jones has waited on your Lordships long before this can arrive, and presume he brought one with him as an evidence, which, if the same man I mean, will prove a fit fellow for Jones his purposes. The person I suspect is one Robert Cunningham a soldier in Capt. Sands his Company here, who has deserted the same by not returning from Carolina, to which place he had leave to goe on some extraordinary occasion as his Captain pretended to me; He is a Scotchman pritty tall, used to wear a fair perriwig, has reddish hair, freckels in his face, and large ones on the backs of his hands. I conclude he has not appeared under the character of a soldier, and if he has not answered all Mr. Jones his expectations, but can be found out and summoned again, I beg (if this deserter has sworne or pretended anything to my prejudice) that he may be sent for, and that Mr. Davis (who is my Secretary and comes over with this pacquet) may be ordered to attend att the same time, and be admitted to make his objections to both their informations. And I further request, that untill I am permitted to come home, that my brother and my Secretary may be sent for when anything is before your Lordships concerning the dispute between me, Mr. Larkin or Captain Jones; for they are in a great measure capable of answering to what questions can be asked relating thereunto, and I doubt not only to be justifyed in my proceedings, but that my injurys will appear soe intollerable, that it requires a great deal of Christianity to say they can ever be forgiven, for I would much rather dye than live under the scandall and infamy that Mr. Larkin and Jones have dilligently spread abroad of me. Therefore I must once more intreat your Lordships to be of opinion, that it is reasonable and necessary that I have leave to come home, and to represent it to H.M. accordingly, that I may appear and justify myself and make good my charge against Mr. Larkin. I know he will pretend what reflections he made on me was when under confinement, but my Lords if that was a reasonable excuse, the affidavits plainly shows that he reviled me before that happened, and also after he had his liberty, when he pretended to goe in the sloop Shadow to Jamaica; and I doubt not but he continues it now wherever he goes, it being according to his repeated expressions, that he would spoile my reputation in the West Indies. I did mean to have given your Lordships a regular account of all transactions from the date of Mr. Larkin's landing here, to the time of his going away, and accordingly had prepared the same; but it proved so very long, that I feared your Lordships would not have leasure to hear it read, therefore I have only sent herewith heads of it, and the account at large I have enclosed to my brother, whereby he will be instructed (together with having transcripts of all papers I send to your Lordships) to answer most questions that can be asked him, and also quallifyed to acquaint your Lordships of my grief. On the 9th instant a briganteen called the Loyaltie, William Mallagain master, came in here, who left Portsmouth in February last, but being disabled by bad weather, was forced to put for Lisbon, by which I received two pacquets, one from your Lordships the other from Mr. Popple, that from your Lordships bears date July 13, 1702, with an order enclosed relating to Collonel Day's returning home with his effects, a duplicate of which was produced to me by him when in Councill some time before he dyed, and ready obedience was given thereunto: that from Mr. Popple bears date November 30, being the originall of the aforementioned duplicate relating to the disallowance and repealing an Act of Assembly, entituled an Act to prevent the oppression and extortion of officers. From Virginia I am advised that a vessell came in there on the first of June last from the Coast of Guinea (belonging to that Company) commanded by Capt. Thomas Arhard, who reports that two French ships had taken off of Angola one of the Companies ships and two Dutch vessells, and that he saw the French engaged with two other ships which he supposed to be Dutchmen. From Nevis I am informed that a ship belonging to Bristoll, Captain Bennet Commander, bound to Antegua, was boarded and taken in that latitude by two French Privateers about May 16. From Antegua I hear that a French Privateer came into the Old Road of St. Christophers, and carryed away in the night a Briganteen belonging to that place, loaded with sugar and ready to sayle for England. The Barbados fleet arrived there about the last of June. I had like to have omitted acquainting your Lordships that Mr. Larkin very much insisted on having the rules and methods back again that he gave for our information in holding Courts of Admiralty; the reason of which I can't imagine, neither doe I think he ought, for all the Commissioners signed to them, as agreeing to what he prescribed, and ordered it to be made a record, a copy of which I have now transmitted; one direction in it I doe not well understand, for he says the Register in case of condemnation is to pronounce sentence of death, which I thought was the President's business, but I shall submit to his rules, as being ordered soe to doe. Mr. Larkin by his warrant had one Capt. Samuell Gilbert taken up, on account of taking a Pereauger from the Spaniards in the time of Collonel Day's Government, and when he was brought before him he had little to say to the Prisoner; and bid him come again in four or five days, without obliging him to put in bail or continuing him in custody; which with submission I think is irregular. The proceedings against the said Gilbert in my predecessor's time concerning the pereauger are herewith transmitted, and desire to know what must be further done therein. I have also sent the examinations of Collonel Outerbridge, Mr. Dickenson and others, who were taken up by my warrant as accessorys in piracy, with the Commissioners' opinion thereon, and also a remonstrance from those persons to me relating to that prosecution. By a vessell that came in here from St. Thomas's, I understand that French Privateers are now thick in the sea, and that there are already 26 saile fitted out of Martinico. Upon examining the Master of this sloop about his voyage, I found he went with a freight of tarr, porke, beer, flower and bacon from New York, and was consigned to a person in St. Thomases, and added it was very usual for vessells to goe with provisions from the Norward thither. The meaning I relate this to your Lordships is, that the French nor Spaniard will want provisions when they can be supplyed by way of this neutral port. The return thats made for these goods are rumm, sugar and molasses. By a letter that just now came to me from the Chief Justice of Carolina, I am informed that Capt. Jones (the late Sheriff here) carryed his wife and one Holbeach her brother before the said Chief Justice, who made oath that I knew and was consenting to Jones his going away from hence, and that I wished him a good voyage. Now (if this were true) how these people could swear it I can't imagine, for I affirm, that neither his wife nor brother was with him when he came to me, at any time after he published his name to be gone. As for knowing he was bound to Carolina, that could not be avoyded, for our custome here is, that when any person is outward bound, he is published in the churches, but the test of his being permitted to goe, would have been when the sea brief and tickett came to be signed by me, but Capt. Larkin did not (as being Master he ought to have done) proceed so far as that, but sent away the vessell only with the Collector and Navall Officer's clearings. It is also true, that I was thus further knowing of Captain Jones his intending for Carolina, for he came to me (but was also then alone) and in a most melting pittifull manner, beg'd I would signe his tickett, my answer was that I was concerned I could not, till Captain Larkin had cleared his vessell in the Secretary's Office, and that was the last time I saw him. The use I apprehend that is to be made of these affidavits, is to clear Mr. Larkin from being said to have contrived clandestinely to convey away Capt. Jones, which with submission I think is very apparent by the proofs herewith transmitted, my Lords I have nothing more to add but to beg that I may have time given me to come home and justify myself. Signed, Ben. Bennett. Endorsed, Recd. Oct. 11, Read Nov. 12, 1703. Holograph. 10 pp. Enclosed,
1014. i. Abstract of preceding 2¼ pp.
1014. ii. Jos. Holbeach, Master of theShadow (cf. Cal., 1702, p. 706), to Mr. Larkin or Dr. Star, Jan. 12, 1702/3. Chiefly scurrilous abuse of Lt. Gov. Bennett. "Here," [Carolina ?] "is mightie good company and good provision enough and passages always to England, or any part of the West Indies at any time; here is five ships now bound for England, some for Bristol, and some for London, if you please to make this your way" etc. Signed, Jos. Holbeach. Endorsed as preceding. Subscribed, This letter Mr. Larkin sent to me by Doctor Starr, I suppose to affront me. B. Bennett. Copy. 2½ pp.
1014. iii. Affidavit of Capt. John Peasley of H.M. Castle in Bermuda, Aug. 10, 1703. Mr. Larkin was committed to Deponent's custody Jan. 4, who entertained him at the Castle with every courtesy as commanded. After some days the Governor ordered him to take Larkin to his own house for his better accommodation, but Deponent having had him ashore at his house before and he behaving himself so lewdly that Deponent's wife declared that she would remove herself and family from her house if ever he came there any more to stay, whereupon Deponent applied that he should remain at the Castle where he had all the accommodations he asked for or required. Notwithstanding all these civilities, Larkin behaved himself very ungratefully and extravagantly, often degrading, vilifying, ridiculing and threatening H.E. in his administration, the Gentlemen of the Council, Magistrates and inhabitants of these Islands, using most profane, lewd discourses and unparaleld swearing and curseing in his common conversation, to the amazement and terror of Deponent and all persons who heard him, insomuch that the very guards at the Castle made daily complaint thereof, etc. etc. Mr. Larkin was given every opportunity of meeting the Justices convened to take his affidavits, but refused and avoided them. He was kept well informed of vessels bound out to sea, H.E. never being inclined to detain him, etc. 2 pp.
1014. iv. Copy of Minutes of Council of Bermuda, Aug. 18, Sept. 7, 21, 30, Nov. 11, 1702, March 17, 1703. Certified by the Governor, Secretary and Council. Endorsed, Recd. Oct. 11, 1703. 6 pp.
1014. v. Affidavit of Edward Hubbard, of St. Georges. Gives details of Mr. Larkin's slighting references to the Justices of Bermuda, Capt. John Morris' Commission, and his lewd behaviour and conversation as regards women. 1p.
1014. vi. Affidavit of Daniel Johnson, J.P., that on Jan. 4 at St. George's, Christian Dorset swore before him that she was with child by Judge Larkin. ½ p.
1014. vii. Copy of Minutes of Council of Bermuda, Jan. 4, 1703. 1p.
1014. viii. Copy of Minutes of Council of Bermuda, March 1, 1703. 1¼ pp.
1014. ix. Copy of bond in 1,000l. to be entered into by George Larkin to answer in England within a year to H.M. for all things for which he was committed prisoner in Bermuda. ½ p.
1014. x. Affidavit of Charles Minors, Secretary of Bermuda, as to Mr. Larkin's clearing of the Shadow etc. 1¼ pp.
1014. xi. Affidavit of George Leacroft, pilot, as to the transactions of Edward Jones and George Larkin with regard to their endeavour to induce him to carry out the sloop Shadow without a proper certificate of clearing, Oct. 26, 1702. 2 pp.
1014. xii. Affidavit of William Milborne. On Oct. 30, 1702, deponent heard Mr. Larkin say that but for four, Mr. White, Walker, Spofferth and Dickinson, whom he would like to put on a maroon island, this Government would be as quiet as any of the Plantations. He boasted that Edward Jones would not be seized, unless it were by a privateer etc. 1 p.
1014. xiii. Affidavit of Capt. Thomas Brooke as to Edward Jones making a present of a diamond ring to Mr. Larkin. ½ p.
1014. xiv. Affidavit of Capt. Mathew Newnam as to the scandalous and opprobrious language used by Mr. Larkin in company with Col. Day, Dr. Starr and others, at the end of Oct., 1702. 1 p.
1014. xv. (a) Petition of Jane Milborne, widow, to Governor Bennett. Having obtained two verdicts against Edward Jones, upon his appeal, your Excellency granted to him an injunction, that your Excellency and Council should hear his cause. Now Jones is carried off the Island, his escape contrived, it is believed, by Geo. Larkin.
(b) Similar petition of Tho. Watkins. Copy. 1 p.
1014. xvi. (a) Similar petition of Tho. Smith Senr. with regard to Samuel Harvey, similarly carried off by Mr. Larkin.
(b) Similar petition of Saml. Smith of Pembrook and Richard Gilbert of Devonshire Tribe with reference to Samuel Harvey. Copy. 1. p.
1014. xvii. (a) Robt. Dacres to Cha. Minors. Feb. 23. 1702/3. The sloop Shadow arrived in this port [? Carolina] from your Islands, Nov. 10th, and Joseph Holbeach entered her as Master himself, but being asked where Capt. Geo. Larkin was, who was mentioned as Master in the certificate for the clearance of the Shadow, he said he was taken extreamly ill the day before they were to sail, and had appointed him in his stead and forgot to give him Gov. Bennett's lett-pass, after which plausible story the Governor admitted him to enter the said sloop. In a short time he got a loading to Jamaica, where she went, and in the same Mr. Edward Jones, who I since understand is gone for England. Annexed,
(b) Copy of certificate of clearing of the Shadow, Capt. Geo. Larkin, Commander, for Carolina. Bermuda, Oct. 21, 1702. 1p.
1014. xviii. (a) Deposition of Lancelot Sandys. On Nov. 28 last Geo. Larkins came up to the Governor's diningroom in St. George's in an absurd manner and demanded his ticket to be then gone, to which H.E. replied "Show me the clearings you took out of the Custom House here as Master of the Shadow." Larkin replied that he could not, then that he would not; then went, and returning said that he would not proceed any further in any business during his stay there. During his abode in these Islands, deponent hath heard him declare in a degrading manner that H.E. assumed to himself the title of Capt. General, which did not belong to him, and often speak slightingly of him, long before he took out clearings for the Shadow, and speak reflectingly of the Council, that there was ne'er a one of them fit to make a Constable in England; and that he would buy a vessel here and go directly for England.
(b) Deposition of Tho. Brooke, Collector, that some considerable time before Geo. Larkin was put prisoner into the Castle, deponent heard him say several times he would go home in the ship Charles, if he could, she being then at anchor in these Islands. Copy. 1 p.
1014. xix. Copy of Deposition of Hannah Hilton, Bermuda, as to George Larkin seducing a mulatto named Nanny, when lodging at her house. Nov., 1702. 2 pp.
1014. xx. Copy of Deposition of the girl Ann or Nanny to the same effect. 1p.
1014. xxi. (a) Deposition of Elizabeth Read that on the day when Mr. Larkin was taken into Custody, he sent her to his trunk to take out the King's Commission and also the King's letter to the Trusty and Well-beloved Governor of Jamaica. Mr. Rawlings, the Marshal, brought them to him in Col. Day's house. Mr. Larkin bid him carry it from whence he brought it, for he had nothing to do with it, and pushed it off the table and kicked it with his foot, and bid deponent kick it out of doors and nail it on the bridge, saying, should they who served the King be served so, he would serve no longer, and finally put the Commission and Letter between two stones at the bottom of the steps in the street. Copy.
(b) Deposition of Hester Graisbury to same effect as preceding. Copy. 1 p.
1014. xxii. Copy of Lt. Governor Bennett's Order to George Larkin to confine himself to his lodging. Sept. 30, 1702, ¾ p.
1014. xxiii. Copy of Lt. Governor Bennett's Warrant for committing Mr. Larkin to prison for defying preceding Order. Oct. 1, 1702. ¾ p.
1014. xxiv. (a) Copy of Lt. Governor Bennett's summons to Mr. Larkin to appear before him at Council Table at St. George's at 9 a.m. Nov. 3. Nov. 2, 1702. ¾ p.
(b) Copy of Lt. Governor Bennett's summons to Geo. Larkin to appear at the Council table at St. George's 10 a.m. Nov. 11. Nov. 10, 1702. ¼ p.
1014. xxv. (a) George Larkin to Lt. Governor Bennett. Nov 3, 1702. I expected according to your order of yesterday to have been heard to-day to answer what you have objected against me, and I gave my attendance from 9 till I accordingly, that the service of the Crown by the loss of my passage to Jamaica might not bee prejudiced. However if anything be to bee done against me, I desire that I may bee present, and that no affidavitt or examination bee taken in writing, but I may hear the witnesses pronounce the very words, and, if I see occasion, to cross examine them, and that the same may be reduced into writing before mee, for I am too sensible of the Bermudian way of takeing affidavits, and I desire I may have a time assigned mee for the examination of my witnesses. Signed, Geo. Larkin. Copy. ½ p.
(b) Remarks of Lt. Gov. Bennett on preceding. So I did waite, expecting a full Council, for want of which nothing was done that day. But I conclude him not in so much hast to be gone, or why not in the Shadow as he pretended? Hee should have been present the next Council day, when the witnesses were examined according to my promise to Dr. Starr on his behalf. But for this unmannerly letter for my giveing him notice to attend was more than I was oblidged to do before the informations were taken, for itt might have happened that the account given would have been frivolous, but I think the Collector's letter from Carolina and copy of the Shadow's clearings herewith transmitted makes Mr. Larkin's contrivance very plaine, and to have defrauded H.M. by conveying away Jones besides imposing upon Government and country by breaking through the rules and methods thereof, to the great damage of several persons, whose petitions are herewith sent, by the said vessel's carrying away Harvey. As for knowing the Bermudian way of taking affidavits, it's such a reflection as never was put on a Government. Signed, B. Bennett. ½p.
1014. xxvi. Copy of Lt. Governor Bennett's warrant to John Rawlins, Provost Marshall, to allow George Larkin liberty to depart these Islands on H.M. service, provided he go on board the Shadow in six hours after demanding sight hereof. Oct. 21, 1702. 1 p.
1014. xxvii. Deposition of Lieut. Robt. Henley, Nov. 5, 1702, as to Mr. Larkin's indecent abuse of Col. Day, saying that he had opposed the Government to do him a service etc. etc. Copy. 1 p.
1014. xxviii. Deposition of Jno. Davis, Registrar of the Admiralty Court, as to Mr. Larkin's pulling down the notice of an Admiralty Court, etc. Sept. 25, 1702. Copy. 1p.
1014. xxix. Deposition of Tho. Brooke, Collector, confirming preceding. Copy. ¾ p.
1014. xxx. Deposition of John Rawlins, Provost Marshall, as to Mr. Larkin's violent language, and behaviour etc., corroborating Nos. xxi, xxvii, etc. etc. Copy. 2 pp.
1014. xxxi. Deposition of Caleb Wright confirming No. xxvii etc. Copy. 1 p.
1014. xxxii. Copy of Minutes of Council of Bermuda, Aug. 18, 1702. 2 pp.
1014. xxxiii. Copy of Minutes of Council of Bermuda, Sept. 7, 1702. 1p.
1014. xxxiv. Depositions of Capt. Lancelot Sandys and William Bilton, mariner, that on Dec. 30, 1702, they heard Dr. Starr publickly declare that the Council of these Islands were villains and rogues. Copy. 1p.
1014. xxxv. Deposition of John Bayly and Dr. Geo. Owen that Mr. Larkin in Oct., 1702, referred to himself as about to supersede Governor Bennett. Copy. 1 p.
1014. xxxvi. Deposition of John Tankred that on Oct. 16, 1702, he heard Mr. Larkin and Mr. Jones declare that Col. Day was a rogue, and Mr. Larkin declared that Col. Day was the original cause of his quarreling with the Governor, and he knew not for what reason, and Capt. Jones declared that Col. Day had been the ruin of him, Jones. Copy. ½p.
1014. xxxvii. Reasons offered by Lt. Gov. Bennett and the Council of Bermuda for their confining George Larkin on Jan.4, 1702/3. A resume of above depositions and Lt. Gov. Bennett's letters, 1702, 1703. Signed, B. Bennett, Richard Peniston, Cha. Walker, Anthony White, Thomas Harford, Benj. Hinson, Patrick Downing, St. George Tucker. Endorsed, Recd. Oct. 11, 1703. 17 pp.
1014. xxxviii. Representation of the Civil and Military Officers of Bermuda to Lt. Gov. Bennet against Mr. Larkin. Recapitulates his intrigues with Col. Day against the Governor, his tearing down the notice of the Admiralty Court, etc., and bears testimony to the zeal and excellence of Lt. Governor Bennett's Government. Signed, Military officers: Antho. White, William Tucker, John Trimingham, Wm. Seymor, Sam. Smith, George Darrell, Danl. Keele, John Harvey, John Harford, Dall. Tucker, Len. White, William Stone, Richd. Peniston, Nat. Butterfeild, Phillip Leu, Nath. Prudden, George Tucker, Joseph Hinson, Joseph Todd, Florentine Cox, Wm. Watlington, Thos. Wood, Will. Stafford; Justices: Wilm. Tucker, Wilm. Outerbridge, John Dickenson, Saml. Smith, George Darrell, Thom. Forster, Sam. Sherlock; Council: Richard Peniston, Charles Walker, Antho. White, Thomas Harford, Michl. Burrows, Benj. Wainwright, St. George Tucker, Benj. Hinson, Patrick Downing, Saml. Spofferth. Endorsed as preceding. 14¼pp.
1014. xxxix. Remonstrance of William Outerbridge and others to Lt. Gov. Bennett. George Larkin, amongst his other horrid evil practices etc., maliciously endeavoured to traduce remonstrants to your Excellency in Council, as accessories to piracy by the Act not passed till 11 William III, nor commenced till Sept. 29, 1700, and even as principals with one Capt. Tew, who came into these Islands about 1691 and purchased a share in the sloop Amity, whereof Remonstrants were part owners, and obtained a Commission as a privateer. Some short time after arriving in New England, Tew sent remonstrants an account, with an order to come and receive the produce of his voyage, which we accordingly did, but being all desirous to have no further correspondence with him, he being a non-resident in these islands, by a general consent we quitted our several shares in the said vessel; and having received a private intelligence of their intentions of going to Red Seas, to which Remonstrants were very averse, we therefore forthwith returned back to these Islands. All which was long before the commencement of the Act aforesaid. And although your Excellency and Council found no reason in him to charge Remonstrants with the crime aforesaid, he yet, wilfully and obstinately deviating from his Instructions urged your Excellency to proceed against them in the charge as Vice-Admiral of these Seas. Moreover, when Lt. Col. Outerbridge and John Dickenson were convened with the Justices of St. George's to examine several lewd, vicious and debauched practices shamefully and openly committed by Larkin upon a slave belonging to H.M. service, we, willing not to expose him to the publick by a constable, sent the Marshal in a civil manner to desire him to come and hear the accusations. But he most contemptuously said he was busy, yet in a little time appeared, but on purpose to evade hearing the accusations against him, delivered another warrant against Richard Gilbert the younger, to bring him before Larkin, who coming, Larkin alledged nothing against him, but bid him come to him again in 4 or 5 days; and when Larkin perceived the Justices had issued their warrant to commit him, till he found surety for his good behaviour, he immediately absconded, and sent out his own warrant to commit Remonstrants to prison, altho' so legally discharged as aforesaid etc. Signed, Wm. Outerbridge, John Dickinson, Thomas Hall, senior, and Richard Gilbert, jr. 1 large p.
1014. xl. Deposition of William Outerbridge, Confirming first part of preceding, relating to the Amity. He sent Capt. Stone as his agent to look after his interest in her at Rhoad Island and received some money as his share. Copy. 1p.
1014. xli. Deposition of Thomas Hall in confirmation of the same. Copy. 1 p.
1014. xlii. Deposition of John Dickinson, as to receiving money from Tew in right of his wife. Copy. ½p.
1014. xliii. Deposition of Gilbert Nelson. When Col. Day was Governor he heard him discourse Capt. Samuel Stone about the money he brought from Rhoad Island (Tew) for Mr. William Outerbridge. Stone then said that if Col. Day would be as good as his promise to him, he would be the like to him in giving him a copy of his journal. This meant that Col. Day was to give Stone a pardon, which some time before the present Governor's arrival, Day showed to Deponent. Deponent hath heard Stone both before and since this Governor's arrival declare that he either recd. at Rhoad Island 550l. for his uncle Outerbridge, or paid him 550l. in Bermuda, but which of the two deponent doth not well remember. Signed, Gilbert Nelson. Copy. 1 p.
1014. xliv. Deposition of Richard Gilbert jr. Part owner of the Amity he received something as his share. Tew told him that he used his utmost endeavour to come to his commissionated Port, that he beat for a fortnight after he had sprung his mast. He supposes the sailors were men of fortune and upon shares. Copy. 1 p.
1014. xlv. Deposition of Richard Gilbert, senior. He went to Rhoad Island to receive his son's share (xliv.) etc. Copy. 1 p.
1014. xlvi. Deposition of Saml. Day, late Lt. Governor. He granted Stone a pardon for his discovery about his fetching money for his uncle Outerbridge from Rhoad Island, which deponent understood was gotten by one Tew, famed for a notorious pyrate. Copy. 1 p.
1014. xlvii. Deposition of Capt. Samuel Stone. Confirming Nos. xxxix, xl. etc. The several owners of the Amity received at Rhoad Island from Capt. Tew about 3,000l. He heard that Tew had got this gold somewhere towards Madagascar. Copy. 1 p.
1014. xlviii. Deposition of Capt. Samuel Stone. The paper below was his handwriting which he gave to Col. Day in return for a pardon. It was said when he was at Rhoad Island that the money they had for the part owners of the Amity was buried in the ground. Capt. Tew proposed to deponent to give him Outerbridge's part of the Amity, arguing that the rest of the owners of the sloop had given him their parts, and added that if not, he should not have Outerbridge's part of the produce. The paper referred to was:—Mr. Jno. Gilbert, I verily believe my brother Richard might receive 1,500l. at least for his son's share of Capt. Tew; for I had about 500l. or more as Uncle Outerbridge has said, and his was but a third to his. Copy. 1p.
1014. xlix. Deposition of Daniel Smith. He was once at Saltertudos, and went first to Curacao, and so thither; he went to England prisoner with Capt. White by order of (Governor Day, July, 1700, and was carried before the Secretary of State and the Judge of the Admiralty, but not committed; he saw Every at Providence and Royal Island. Nov., 1702. Copy. 1p.
1014. 1. Deposition of Lt. Governor Day Nov. 11, 1702. About Jan., 1698, arrived one Danl. Smith of these Islands. The night after his arrival Col. Wm. Outerbridge came to Deponent to ask him if he knew that Danl. Smith was arrived. Deponent answered that Danl. Johnson jr. had said he left him at Barbados. Col. Outerbridge said, I hope you don't believe this. "Upon which, the next morning Deponent sent for Johnson, who to excuse himself said that after he, Johnson, came within the Forts of this Island, Smith leapt over and swam to David's Island. After that, Deponent granted his warrant, and Smith, brought before him, begged for mercy. Deponent replied, if he was ingenious, he should find mercy. Then Smith said that William Griffin and Benjamin Griffin, with himself, were three of the men that boarded the great ship that Every took. Copy. 1p.
1014. li. Minutes of the proceedings of the Admiralty Court relating to Daniel Smith on a charge of pyracy. Nov. 11, 1702. Col. Day's depositions were taken and warrant issued for the apprehension of Smith, Nov. 16, 1702. Depositions of Capt. Stone and the owners of the Amity taken Nov. 19. Richard Gilbert sr., Richard Gilbert jr., Wm. Outerbridge, Tho. Hall, Jno. Dickinson examined touching the Amity. Ordered, that they should attend on Dec. 7 to shew cause why they should not enter into recognizance with security until H.M. pleasure be further known. Nov. 20. An order was sent to them to attend on the 24th, notwithstanding the former order, on consideration that Mr. Larkin intended for Jamaica, before the time then limited. Nov. 24. On their further examination, H.E. ordered a quorum in order to hear the examinants' reasons touching their recognizance and security required per H.E. and Commissioners the last sitting. But Mr. Larkin gave his opinion that one Commissioner in this case would be sufficient. Then the Court proceeded to know the Examinants' reasons, to which Mr. Dickinson replied (1) that they supposed they were not obliged to give any reasons, (2) that by virtue of an Act of Parliament by which the Commissioners did then sit, neither one nor more of them had power to call them to an account, (3) that there's nothing laid to their charge, but what is without the Admiral's Jurisdiction, (4) that as to accessories, the Commissioners have nothing to do in't, (5) that they were charged for nothing but what's done infra corpus comitatus. They were ordered to withdraw, and the majority of the Commissioners resolved that they could have nothing to do with them, there being no provision made for the punishment of such accessories till the late Act for the more effectual suppression of piracy. Copy. 3¾ pp.
1014. lii. Heads of a letter from Lt. Gov. Bennett to Mr. John Bennett relating to Mr. Larkin's behaviour. Endorsed, Read. Oct. 11, 1703. 2¼ pp.
1014. liii. Journal of a voyage of the Resolution, Sept. 23, 1698–Nov. 18, 1698, referred to in following. Signed, John Morris, jr., Richard Gilbert, jr., Saml. Gilbert, Thomas Hall, Elias Slovill, Aaron Turner, John Argent, jr. 2 pp.
1014. liv. Copy of proceedings in Col. Day's time, March 28, 1702, against Samuel Gilbert for seizing a Spanish Periago. Oct., 1698. Endorsed, Recd. Oct. 11, 1703. 6 pp.
1014. lv. James Grasbury to Capt. Richard Gilberd or any other Englishman. Oct., 1698. [? Saltertudos]. Gives notice of a large periauger (referred to in preceding) said to have run away from Martineco. Signed, James Grasbury. Copy. 1 p.
1014. lvi. Deposition of John Peasly that the following declaration was made by Edward Hubbard, decd. and offered to Gilbert Nelson, Chief Baron, on hearing the case against Capt. Richard Gilbert, of the Resolution. Nelson would not suffer it to be read or sworn to. Copy. 1 p.
1014. lvii. Deposition of Edward Hubbard, senr., master of a sloop owned by Mr. James Graisbery. On a voyage to Saltitudos, Sept. 1698, they were warned by a French ship of a pereauger lately run away from Martinico, which might try to take them. They sighted her at Saltitudos and leaving a warning (No. lv.) in a bottle, ran away. Copy. 1 p.
1014. lviii. Deposition of Daniel Greatbeach, mariner, that on Jan. 29, 1703, Edward Jones publickly called the Governor a perjured dog, and said that the Council was forsworn, too etc. There were then present Jacob Mayle, Edward James, a relation of Admiral Bembo, Boaz Bell the younger and many more. Copy. 1 p.
1014. lix. Copy of the method left by Mr. Larkin for holding Courts of Admiralty at Bermuda. Endorsed, Recd. Oct. 11, 1702. 13 pp.
1014. lx. Copy of proceedings at a Court of Assizes held Dec. 1, 1701, and of Appeal July 6, 1702, relating to a house built by Mr. Day on land belonging to the Crown. Appeal dismissed with costs against Day. Same endorsement. 35 large pp.
1014. lxi. Copy of a Commission granted by Lt. Governor Goddard to a privateer, May 10, 1694. 1 p.
1014. lxii. Copy of a Commission granted by Lt. Gov. Day to a privateer, Sept. 22, 1698. 1 p.
1014. lxiii. Copy of affidavit of Cha. Minors that on Aug. 24 George Larkin came to the Secretaries office to look upon the Records. Attestant respectfully acquainted him that H.E. had directed him to ask him if he had any instructions for the same, to which he replied, No person should see or know his instructions, but said. he would see the records and demanded a copy of the proceedings about Col. Day's house, which attestant promised should be done, and he afterwards had the perusal of them, and from time to time free access to the office and perused the Book of Records and other papers and took several out of the same as he required, and kept them several days in his own custody, until within few daies before his departure. Attestant provided a copy of the form of the Commissions granted by H.E., but Mr. Larkin did not call for it. Signed, Cha. Minors, Secretary of the Bermuda Islands. ¾ p.
1014. lxiv. Copy of the form of Commission to a privateer granted by Lt. Gov. Bennett. Endorsed, Recd. Oct. 11, 1703. 1½ pp.
1014. lxv. Deposition of William Jones of St. George's. About Jan. last, he being at Tucker's Town in the said parish, in company with Capt. Peasly and Mr. Larkin, the latter declared he would engage to take those Islands with 300 men. Deponent said, we could bring near 1,000 men against you. Mr. Larkin fell on discoursing what happiness this place might gain, if men would make use of it; that he would engage to come out of England with 1,000l. cargo and in seven years make it 10,000l.: the way he prescribed was to go to Barbados or the Leeward Islands, and there to take out a cocquet for dry goods, and then pretend money fell short and could not purchase it, and go down to the French or Dutch Islands, and there buy the goods, and who could say against it? Same endorsement. ¾p.
1014. lxvi. Copy of Lt. Governor Bennett's Proclamation for raising a troop of horse. ½p.
1014. lxvii. Lt. Governor Bennett's reply to Mr. Larkin's letter of Aug. 19, 1702, q.v., given in parallel columns. I was daily expecting orders to proclaim H.M., which are not yet arrived. War was proclaimed soe soon as directions came from my Lord Nottingham. I presume it was not erroneous to pray for Her Majesty, having had so many confirmations of the death of his late most Gracious Majesty. It was concluded in Council most proper to hold Courts in his Majesty's name, until Her Majesty should be proclaimed. But there had been none such held since Mr. Larkin came on shoar to the date of his letter, except the Quarter Sessions. The Secretary and Collector affirm they cleared vessels in his late Majesty's name till Her present Majesty was proclaimed. I had granted nine Commissions before he came, and one since, which differs in words but not in substance, only in that part relating to Marshal Law, wch. I limit according as directed in my Commission, only to be executed in time of war. Indeed there is a clause added, which says that they may do and act as any Capt. of H.M. ships may lawfully doe, but it limits them in these words "according to their degree," therefore only meant for Instruction to them. As for Mr. Larkin's pretending he was deny'd copies, it's not true, for at the very time his letter was fraiming, the Secretary had orders from me to let him have recourse to all the Records, wch. Mr. Larkin told me was deny'd him at New England. My answer was, I had done no wrong, therefore valued not who saw them. And to convince your Lordships of this Gentleman's early prejudice, and at the same time every day at my Table, I have herewith transmitted the Secretary's affidavit, that it was on Aug. 24 that the Secretary scrupled to let him peruse the Records and that by Mr. Larkin's desire a copie of one of the Commissions was made, but he did not call for it. As for one of those vessels sailing out of the harbour without the distinguishing Jack, it's unknown to me; but upon the receipt of my Order, I directed such as were at home immediately to comply therewith, and as fast as they arrived, my Orders was still the same. If Mr. Larkin had been the friend he pretended at that time, he would have told me of that mistake. 'Tis the custom in the West Indies to return gun for gun to all commissionated vessels. It is, as he has made it, one of the distractedst Government, I believe, in the Christian World, but otherwise till he came. As for trials at common Law, I never intermedled therewith, and for Courts of Appeal, we have none except the Chancery, tho' he mentions them distinct (so nicely had he informed himself of the Constitution of this Government), and as to that Court, the persons he accuses, nor anybody else ever presumed to prepossess or incline me to either party, and none of the Council upon any trial in Chancery ever behaved themselves undeacently or disrespectfully to me, tho' he has, to the highest dishonour and affront to my Commission. And as for the three Gentlemen he speaks of meeting and agreeing how matters should go before they come to Council, it's publishing me and the rest of that board fools, and them knaves. But these very aspersions is what I have heard long before Mr. Larkin came, and know the greatest part of his letter to be the very dictates of Col. Day, Judge Nelson, late Sherif Jones, Dr. Starr, and others of their party. The original cause why Capt. Jones was suspended, was from the Articles the Assembly prefer'd against him upon oath, and when I sent for him into the Council to let him know what was laid to his charge, instead of thinking himself civilly used by me, he fell into a passion not proper to be endured in that place, and for fear he should further injure himself by his extravagant expressions (for I protest I meant him friendship) I ordered him to withdraw, assuring him I would take care justice should be done, to which he replied in a contemptuous manner, "As for justice, I expect none from you." But this small affront, as Mr. Larkin thinks it, is not mentioned as the cause of his suspension. As for what Appeals were depending in Chancery, they were craved by Mr. Jones to be relieved from verdicts against him at Common Law, and but one of them have been try'd, that related to his office, and that was not given against him, for there were but five of the Council and myself then present, three whereof were of opinion against Jones, and two joined in mine, vizt. that the Sherif's warrants from the Chief Justice were sufficient to justifie him executing them, so that as there was no majority, the cause is not yet determined, neither do I conceive how that or the like can, for by my Instructions I am to allow the Council liberty of debate and vote. Therefore I desire your Lordships' directions what must be done for the future, where equality of voyces happens. As for Col. Day being under the same dilemma, I know not what Mr. Larkin means, for Col. Day was the Appellant, therefore the Appeals can't properly be called against him, and there has been but one of them try'd, wch. related to a house and land Col. Day built on the Crown Land (proceedings enclosed). As for the "unheard of practices," it was impossible that he could of his own knowledge speak this, for he had been here but five weeks, and all the matters he mentions were over at Common Law, long before his arrival, and there had been but one Chancery Court, which was the day before the date of his letter, the proceeding in which he makes no complaint of, altho' he took notes all the time. He charges me directly with breaking my oath and Instructions. I humbly insist that he should be obliged to make good this and all other his charges against me, and that I may have time given me to come home and justifie myself, for life without reputation is of no value to me. His owneing my care of the fortifications and Militia is what I did not expect, but he makes it insignificant by saying he thought Nature had sufficiently done it. In the first place I am sure (by the silly questions he asked me when we were in one of the Forts), he knows nothing of fortification, and at that time he had not seen 1/10 part of the Island. Yet since his opinion to your Lordships of the strength of this country, he has made it his publick discourse that he could take Bermuda with 300 men and two sloops, which may be of ill consequence, there being at that time the officers of the French vessel that was cast away amongst us, and Dr. Starr one of the malecontents, and Mr. Larkin's associate, would be continually discoursing the prisoners, tho' contrary to my orders; but if an enemy should come with four times that number, I should not value them, especially if Mr. Larkin were at the head of them. The discipline I accustome the Indians and negroes to is, sometimes when the Company's drawn out, I order the soldiers to bring their slaves and lances with them, and after the battalion is exercised, I order the negroes to be intermixt with them, and practise them together in their marchings and wheelings, the negroes having their lances shouldered (which are about 7ft. long), and then I generally march them into the trenches, where I shew the soldiers the way of firing, wheeling off to the right and left, next rank advancing, and what else is necessary to learn them, the negroes all this time being intermixed, and wheel and advance with them, that they may know what they have to do, if an enemy should jump hastily on shoar, and endeavour to force the trenches, and in such case the negroes' lances would be much more serviceable than clubb musquett. From the trenches I march them to some open Bay, and draw them up either 3, 4 or 6 deep as the ground admits, and show them how to oppose an enemy in landing, by ordering the front rank to make ready. At the same word of command, the negroes from their shoulder recover their lances right before them, and when the word of command to present is given, the negroes fall back with their right leggs and charge with their lances, and stand so till the musqueteers are ordered to fire, when done, they recover their spears at the same time the soldiers doe their firelocks, and wheel off wth. them, with their spears advanced, and then the next rank advances, and does the same etc. etc. Mr. Larkin might have saved the trouble of that part of your Lordships' annotations relating to the danger of disciplining the slaves, for if he had told me his notion of it, I should have satisfied him, that it was always the custom upon an alarm, for the negroes to come wth. their masters into the field with lances. But I cannot learn they were ever exercised and shew'd how useful they might be made, nor indeed their masters till of late, but before I undertook the slaves, I had the opinion of the Council, J.P.s and Militia Officers that disciplining them could be no manner of prejudice to the inhabitants. I am forming a troop under the denomination of Horse Granadeers, which will be of extraordinary use. this country being but a slip of land about 26 miles long, and in the broadest place not above two miles, so that in case an alarm should happen at either end, it would be a day's time before all the Militia could get together, and consequently we should lose the opertunity of opposing an enemy at their landing, wch. is our chief dependance, having trenches in every part of the country, where it's possible men can come on shoar att, and I propose by this troop in all probability to be early enough wth. an enemy, let them attempt us where they will (unless they come undiscry'd in the night, wch. is very dangerous for them to doe), for I intend to appoint the troopers one certain place of parade, abt. the center of the country, with orders that when they hear the allarm made (wch. will be in a quarter of an hour all over the country) immediately to repair to their parade, and from thence to march towards the enemy, who perhaps may make several offers to land before they intend on purpose to fatigue our foot, wch. by this troop may be preserved, for we can attend their boats, and the foot may only move easily as they see, or hear of the enemy's motion. I intend this troop shall consist of one Capt. under me etc. and 80 private men (50 of which have already entered), their exercise to be as the Granadeers, and armed accordingly. Your Lordships will see by the enclosed Declaration (lxvi.) that I promise to furnish them with arms out of H.M. Stores, because the arms in this country are generally between 5 or 6 foot long, and could not well be slung to be easie on horseback, nor affoot when they come to deliver their granade-shells, but as they are only lent, I'le take care when a man dyes or goes to sea to call them in.
Mr. Larkin adds bribery to his foregoing accusations of perjury and breach of Instructions, with regard to the loading of vessels etc. I protest that I never took the least peice of money since I came here from any one on any acct. whatsoever (except the present the Assembly made me), unless Mr. Larkin calls a few oranges or limes a bribe, wch. sometimes Masters of vessels bring me. This part of his letter forces me upon mentioning Col. Day's name, wch. I would willingly have avoided on this occasion as he is dead, but since it is for my own justification, and to prove Mr. Larkin a confederate with the party, I hope I shall not be thought ungenerous. Col. Day must shew Mr. Larkin this Instruction (for I presume he has not all Governours' with him) and since I am satisfied that his letter is altogether the dictates of Col. Day, Judge Nelson and the rest, who have been constant disturbers of me and the Government, I think it will not reflect upon me to say those facts that are laid to my charge are what (as I have often heard) my predecessor was guilty of. Since my time, no vessel was admitted to enter before they came to an anchor in one of these harbours. I hope Mr. Larkin will be obliged to prove this charge. If brandy and French wine had been plenty here, I should not have wrote to England for them, wch. Mr. Noden of Woodstreet can testifie. To prevent any such practice as is mentioned, the letter your Lordships speak off from the Commissioners of Customs has been strictly complied with. I never heard of that way of taking out cockets that he mentions, and upon receipt of your letter I sent to the Collector when I was in Council and ordered this paragraph to be read, upon which he affirmed he never knew the like, and offered to make oath of it, but all diligent care shall be taken to detect if there be such practices.
Precepts were made verbatim as formerly, as may appear by copies herewith transmitted, but Mr. Larkin says with his accustomed assurance as positive to the contrary, as if he had seen those formerly, and that in my time. As for the Assembly's sitting Aug. 19, it's a great mistake in Mr. Larkin, as your Lordships may see by a certificate herewith sent. There is a Quarterly Sessions held here, and but one Court of Assize in a year, it is intended to be twice, which with submission I think is enough, for this is a very poor place, therefore not litigious; besides to have it oftener, would create a great expense to the country, by attendance on the Chief Justice, and I presume that was Mr. Larkin's meaning by proposing it 4 times a year, for he does not seem inclin'd to the country by the scandalous character he gives to the people and their lazy inclinations. I have discoursed with the Council relating to the Act of Assembly he proposes, and about tobacco being carried aboard by negroes in the night, and they all agree that there is but very little tobacco planted more than is smoked in the country, and as for any being carryed privately, they believed there was none. But perhaps every sailor when he goes to sea takes some for his own smoking, which the Collector is not acquainted with. But if it was worth while to make such an Act as Mr. Larkin means (not what he writes, for he would have the Planters at crop time give an account upon oath the quantity of tobacco so planted, so reaped would be more proper) it would be very hard that a Planter should be allowed but a quarter of a Hundred Custom free, and some familys smoke 200 cwts., as the Council tells me, and they add by computation that the quantity of tobacco that is yearly smoked in this country is about 50,000 weight. But I presume that Act was projected by the discontented party, and Mr. Larkin, to help it on and to revenge his clyents' quarrells with the country by oppression, says positively there are several thousand weight carried off in a year, and that but a small quantity comes to the Collector's knowledge, and proposes the way how it is done, but I am wholly a stranger to it, and all the care imaginable is taken to prevent it.
There has been no occasion for a Court of Admiralty since my arrival but of late, therefore those officers have not been appointed, neither upon enquiry was there ever a jury allowed in that Court. But after his letter was formed, and their affairs put into a posture for mischief and disturbance, Mr. Larkin then could find time to settle the Court of Admiralty, and then a Registrar and Marshall were appointed of course. But he had been here two months before he would do anything in it, and when I prest him therein, he then pretended in Council that he was in great haste to be gone, and he could not proceed till the Queen was proclaimed, which with submission I think was not material to his prescribing of rules how a Court should be kept, therefore conclude it only a delay. Mr. Larkin reproaches all juries in this country. He has not seen one cause try'd by a Jury since he came. I think this is highly imposing on your Lordships, and cruel to the reputation of a country. The fee he mentions that I claim for holding every Court, I suppose he means the Court of Admiralty, that is with the rest of the officers' fees settled by Act of Assembly, therefore no imposition on the people. As for the logwood vessel, I refer the truth of that matter to the Captain's affidavit, which will plainly demonstrate that notorious false complaint. Signed, Ben. Bennett. Endorsed, Recd. Oct. 11, Read Nov. 15, 1703. 31 pp.
1014. lxviii. Copy of proceedings against Daniel Smith at New Providence and at Bermuda for piracy. Sept. 26, 1700. etc. Endorsed, Recd. Oct. 11, 1703. 6½ pp.
1014. lxix. President of Council of Barbados to Lt. Gov. Bennett. Acknowledges letter of Oct. 24, with depositions relating to two French ships that struck on the coast of Bermuda. I have transmitted the same to my Lord Nottingham. Here hath also arrived the sloop that you sent to Martineque with those French that were cast on shore on your coast, and hath brought us upp from thence five and fifty prisoners in exchange for those you sent them, which proving a piece of good service both to H.M. and this Island, wee are att least in gratitude oblidged to owne the same. But I am in hopes when our Assembly sitts next, they will make some further and more serviceable acknowledgments to the owner of the vessell who brought them upp hither etc. Signed, John Farmer. Endorsed as preceding. 1 p. [C.O. 37, 5. Nos. 1, l.i.–lxix; and (without enclosures) 38, 5. pp. 434–449.]
Aug. 9.
Bermuda.
1015. Lt. Governor Bennett to [? the Earl of Nottingham]. Refers to previous correspondence and repeats part of proceeding. Adds:—"On July 21 came into this port the Fame, Capt. Hen. Pullein, who off of Teneriffe took a prize loaden with corne; his comissions was to cruse in the South Seas, which undoubtedly he had proceeded to doe, had not information been given him of a conspiracy amongst his men to mutiny and seize him, and murder others, that were his officers, and run away with the ship, which he by his good management prevented by sending the promoters of this mischief on some pretence on board the prize, and then with his officers and those of the sailers that he could confide in, seized the rest and put them in irons, and when the boat return'd, he did the like to those he had before sent away. I have examin'd several of his men, and it plainly appeared there was such a design of running away with the ship, and within a few hours of being put in execution. I believe the Captain's intention now is to enter soe many of his men upon wages as are sufficient for a tradeing voyage, and to proceed to Antegua and take in sugar upon freight, and so for England. He is a very pretty gentleman but very much dejected, least his reputation should suffer by the fault of being imputed to his mismanagement that the voyage was not perform'd. But for what I can perceive he is not in the least to blame, and the owners ought to thank him for his care in preserving the ship, for such a crew of rogues I believe were never together in one bottome. Signed, Ben. Bennett. Endorsed, R. Oct. 20, 1703. Holograph. 8 pp. [C.O. 37, 26. No. 3.]
Aug. 9.1016. Minutes of Council of Bermuda. The muster-rolls of Capt. Sandys' Company, Aug. 25—Oct. 24, 1701, were signed.
Upon a motion of H.E. whether it is adviseable to send the Spaniard now in custody on a charge of pyracy to England, the evidences who were bound to prosecute him having withdrawn themselves by making an escape from these Islands, advised, that he be tried here.
A Committee of the Assembly appeared to inspect the accounts of John Davis, Treasurer.
Petition of Samuel Sherlock about the storehouses referred. [C.O. 40, 2. pp. 55, 56.]
Aug. 9.1017. Journal of Assembly of Jamaica. The House met and adjourned.
Aug. 10.Ordered that the messenger confine the gentlemen to their chambers who are in his custody. [C.O. 140, 7. p. 90.]
Aug. 10.1018. Robert Livingstone, Secretary for the Indian Affairs in New York, to the Council of Trade and Plantations. In obedience to your Lordships' commands he hath collected and presents to your Lordships the state of affaires in New Yorke, in relation to the five Nations and other Indians in that neighbourhood, which he is glad to find your Lordships desirous to have an account of, because those Indians have for two years last past been very pressing upon him to come over and give your Lordships an account of their condition, as by their publick propositions Anno 1701 and 1702 appears. The advantages which hath attended H.M. Plantations on the North Continent of America by the steadyness and firmnesse of the Five Nations of Indians and the River Indians unto the Government of New Yorke, are so obvious that they need not be enumerated; they having fought our battles for us and been a constant barrier of defence between H.M. Plantations of Virginia and Maryland and the French, and by their constant vigilance, prevented the French from making any descent that way; but the late long war and the great loss which they sustained in their youth hath almost dispirited them, and during the peace the French, who are sensible of the mischeifs they suffered from those Indians, have applyed the cheifest artifices they could invent, either to gain them to their side, or so to terrify them that they might be in continual fear of the French power. The French Priests, by their insinuations and false pretences, have decoy'd over to them a great many of our Indians, and have raised a great faction in their Castles; and its fear'd a great many more will follow, unlesse they have ministers to instruct them in the Christian Faith, of which they seem very fond. The nations of the Sinnekes and Onnondages have also received such impressions of the Christian Religion, that if ministers were planted amongst them, to convert them to the Christian Faith, it would be of great advantage to H.M. Plantations, not only in securing these Indians' friendship, but also in being a cheque and discouragement to the French emissaries, who frequently visit those nations and lived there all last winter endeavouring to corrupt their affections from the English, and make ill impressions in their mind, to the apparent prejudice of our Trade, which decays dayly more and more. The mischeifs are increas'd by the French having resettled Cadarachqui, where they entice our Indians comeing from hunting and get from them what they take; so that our Indian trade is not a fifth part so much as it was formerly. My Lord Cornbury, our present Governour, since his arrival, by his prudence and conduct, has much contributed to the steadying and securing of the Indians of the five nations, as well as quelling the heats and animosities he found in that poor distracted Province among the inhabitants. My humble opinion, if I may presume to offer it, is that the only way to secure the northern part of America and the Fishery there would be the takeing of Canada which might be done with less charge to the Crown than has been lately expended at one French island. Some few frigates with a bomb catch from hence and a regiment of disciplin'd men, with some good officers to head the men that might be got there, would doe the business. A party detach'd from the several Colonies, with our Indians to goe by land from Albany in canoes and to meet the navall force would facilitate the matter; and it would be worth while to keep it too: for the French will otherwise in time grow so formidable, by settling behind all the English Plantations and keeping a constant communication and correspondence with Mississeppie, that they will by the Forts and Settlements they erect in the heart of the country, be enabled to infest our Plantations by dayly incursions upon them who lye scattered to and fro without any force to cover them. The neighbouring Governours may be directed to meet at New Yorke to consult this matter. But if the takeing of Canada cannot be effected next summer, then it will be highly requisite that the frontiers at Albany be better secured, and that the Fort which my Lord Cornbury has begun be not only compleated with all speed, but that there be a stone Fort built at Shinnechtady also, and stockadoe Forts at Nastagione, Half Moon, Sarachtoge, Skachkook and Kinderhock, and garrison'd with souldiers, and a troop of dragoons and a company of bushlopers or woodrunners to be rais'd of the youth at Albany in the summer time to goe the rounds dayly from garrison to garrison, which with skouts kept continually out to range the woods from the several smaller garrisons will be a mean to secure our frontiers that way. Moreover, if these out-garrisons be not secured, the inhabitants will desert and leave all the Settlements above the Citty of Albany wast; which will be prejudicial to H.M. interest and incouragement to the enemy; it having been found by experience last war that whilst these out-places were garrison'd the Country was secure, but no sooner were they deserted but the enemy gain'd ground and scalped our people near to the very gates of the Citty. This cannot be well effected without 600 men; for the four Companies that consist of 400 men there, are much lessen'd by death and desertion, altho' all care imaginable has been taken by my Lord Cornbury to prevent it; and their pay which is all money now (and a much better way than provisions) has not been punctually complyed withall at Albany, there being some times twelve or thirteen weeks subsistence in arrears (without quarters) by reason the merchant that was to furnish the money was not able to do it punctually. This contributed to their desertion. And if my Lord Cornbury's bills should not be duly honoured it will be of worse consequence, and I doubt not but your Lordships will prevent such an accident, which might prove so fatal as to breake all the Companies, and endanger the security of that Province, which is so much impoverished by the late divisions and distractions and its revenue so much anticipated by the late administration that seven years accrueing revenue will not pay the debts the Province own now, so that it cannot be expected they can raise men to secure the fronteers. True it is we have had no mischieff done by the French or their Indians since the war was proclaimed, but it is every day expected, and the only way to be safe is to be upon our guard and well provided, and that will give heart to our Indians to stick close to us, when they see we are able not only to defend ourselves but to protect them. And for the incouragement of those Fuzileers that are there, or will be sent over from hence to reinforce the garrison, I humbly conceive the men ought to be kept no longer souldiers then four years, and then every year a hundred recruits sent over and a hundred discharg'd, which would people and settle the countrey, and those men take to the employment of making pitch and tar and other naval stores, or manure land as they see convenient, which would contribute much to the strengthening the frontiers. It will be requisite that a present or bounty be sent, such as your Lordships shall see meet, to be given to those Indians of the five Nations and River Indians, but not in such quantities to all the nations in general, as has been practised formerly, whereby those of the French faction participated of H.M. bounty as well as those that are true to the English; but the present to be made to such only as are known to be wholly devoted to the interest of the Crown of England, and that some Christians be appointed to be constantly with the Indians in their castles to prevent the French intrigues. These, my Lords, are my sentiments from the observation I have made by my conversing and living amongst these Indians; and if they are agreeable to your Lordships' opinion I humbly pray that your Lordships will intercede with H.M. to order some speedy and effectual care to be taken that the said Province and the Indians may be secured, and the French prevented from making any Setlements in those parts. Signed, Robt. Livingston. Endorsed, Recd. Read Aug. 10, 1703. 6½ pp. [C.O. 5, 1048. No. 65; and 5, 1120. pp. 17–25.]
Aug. 10.
Whitehall.
1019. Council of Trade and Plantations to Governor Nicholson. The bearer hereof, Mr. Stephens Thomson, being constituted H.M. Attorney General of Virginia, we recommend him to you for your protection and incouragement in the execution of his office. Signed, Rob. Cecill, Wm. Blathwayt, John Pollexfen, Matt. Prior. [C.O. 5, 1360. pp. 409.]
Aug. 10.1020. Reply of Sir Mathew Dudley and others to the Report of H.R.H. the Lord High Admiral. [Quoted. See July 30.] (i) Untill wee shall be incorporated and know how much of our subscription mony will be called for in and paid, and untill wee shall have made some progress in our undertaking, wee can not possibly ascertain how much, or whether anything will be laid out in the purchace of lands. (ii) We do not apprehend the masts lately had from New England grew near the sea, but many miles distant up in ye country, and that all masts of 24 inches diameter and upwards are reserved to the Crown by their late Majesties' Charter to the Massachusets Bay. However to prevent the inconveniency suggested, wee are willing to submit to such clause of reservation, onely pray that instead of masts of 16 inches diameter, it may be inserted masts of 24 inches diameter, under which dimensions no persons are restrayn'd from cutting masts, but all persons may cutt ye same without license; and wee are farther willing to be restrained from cutting masts and bowsprights of the aforementioned dimensions in ye Province of N. Hampshire without licence. (iii) The trade to New England which is now in the hands but of a few and private persons who vend their goods there at an excessive rate will be dispersed into the hands of many, and those very persons themselves may, if they please, be concerned with us: the books being to ly open for all that are minded to subscribe. (iv) We submit to a reservation of all royal mines to the Crown, and that none shall be of the Company but H.M. subjects, which we humbly conceive does fully answer the intent of this Article. (v) We are willing to submit to a clause obliging the Company (when required to contract with the Commissioners of the Navy) to import from New England and Plantations adjacent for ye use of H.M. Navy, masts and bowsprits of the largest dimensions at such rates and prices and upon the like terms the same have for 7 years last past been usually imported from thence by Mr. Tayler and Mr. Wallis or others for the use of H.M. Navy, or upon such other terms as the Commissioners of H.M. Navy and the Company can agree. (vi) We submit to a clause that H.M. shall have the preemption of all sorts of naval stores to be produced by the Company, and that the Company will contract with the Commissioners of the Navy to supply H.M. therewith at the then market price or at the prices naval stores imported from the East Countries are now solde for, and that the same shall be as good and fit for H.M. service as those imported from the East Countrys. Signed, Wm. Wharton, Agent. Endorsed, Recd. Read Aug. 10, 1703. 2 pp. [C.O. 5, 863. No. 48; and 5, 911. pp. 117–120.]
Aug. 10.1021. Reasons offerred by Sir Mathew Dudley and other subscribers against the clause to restrein the transferring of stock within five years. The clause is without precedent and inconsistent with the common rules of trade. The undertakers, being mostly traders, will be frequently exposed to great losses, and consequently sometimes under a necessity to dispose of their stock in this Company. It's very improbable persons will adventure their estates in any undertaking where they cannot have the free command of what they are to adventure. The liberty given to executors etc. is granted them to pay the debts of the testator: the subscribers therefore conceive that a man himself should have the same liberty as his executors. The liberty to sell to one of the Company within five years, does not relieve them whose necessities require them to sell, or give better encouragement to the undertaking, for the subscribers may well be supposed to have subscribed already so much as they are willing to part with the command of, and, in fact, the clause has already caused several persons of reputation and estate to cry off the whole affair. It will be impossible to complete the subscriptions necessary, if the clause be insisted on. Signed, Wm. Wharton. Endorsed, Recd. Read Aug. 10, 1703. 1¼ pp. [C.O. 5, 863. No. 49; and 5, 911. pp. 121–124.]
Aug. 10.
Whitehall.
1022. Journal of Council of Trade and Plantations. Mr. Bennet, the Counsellor, laid before the Board several papers received from his brother, with an abstract of the same.
Mr. Thomson waiting upon their Lordships, they were pleased to sign and deliver to him a letter to Col. Nicholson recommending him to his protection in the discharge of his duty.
Mr. Livingston presented a memorial relating to New York, which was read.
Mr. Wharton and Mr. Bridger presented an answer to H.R.H. late report concerning Naval Stores etc., and reasons against the proposed clause etc., which were read, and their Lordships agreed to take the same into further consideration. [C.O. 391, 16. pp. 199–201; and 391, 97. pp. 561, 562.]
Aug. 10.1023. Minutes of Council of Jamaica. Ordered, that the Receiver General remit a Bill for 150l. sterling to be paid to the Hon. William Blathwaite, H.M. Auditor General of this Island, for a year's salary.
20l. paid to Peter Heywood for a year's rent of a storehouse for ammunition, and wages.
15l. paid to Comadore Andrew Douglas, the sum expended by him for the hire of a sloop sent to the Experiment at Blewfeilds with orders to take up Capt. Healis' ship and people run away with him from this Island.
H.M. Letter addressed to Richard Brewer, Lt. Governor of Jamaica, July 16, 1702, referring to Letters Pattent granted to Edward Hyde as Provost Marshall, and giving him leave to remain in England and appoint a Deputy, read and entered. Some of the Council enquiring whether any such Pattent hath been exhibited to the Governor, H.E. laid before them the following Deposition:—John James, purser of the Speedwell, merchant ship, with Queen's provisions from England, and also Executor to Capt. Arthur Smith, deposed Aug. 3, 1703, that on Aug. 2, between 6 and 7 p.m., Hugh Totterdell came on board and desired Capt. John Bevis, Commander of the said ship, to show him what writeings were in the chest of which Mr. Totterdell had the key, wherein were found the Queen's Pattent for Provost Marshall to Edward Hyde etc. and Mr. Hyde's Deputation to Mr. Buck was mentioned in the inventory etc.
Committee appointed to take returns of the Musters of H.M. soldiers. [C.O. 140, 6. pp. 167–170.]