America and West Indies
December 1703, 21-25

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Institute of Historical Research

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Cecil Headlam (editor)

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1913

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891-907

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'America and West Indies: December 1703, 21-25', Calendar of State Papers Colonial, America and West Indies, Volume 21: 1702-1703 (1913), pp. 891-907. URL: http://www.british-history.ac.uk/report.aspx?compid=73634 Date accessed: 01 September 2014.


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December 1703, 21-25

Dec. 21.
Whitehall.
1404. Clerks of the Office to the Council of Trade and Plantations. Pray for exemption from taxes, and enclose presentments and orders, showing that Clerks in other Offices, Excise, Post Office, Customs, Stamp Office and Admiralty, whose salaries did not exceed 100l., were granted exemption. 6 pp. [C.O. 388, 75. Nos. 84, 84.i., ii.]
Dec. 21.
Whitehall.
1405. Council of Trade and Plantations to Mr. Secretary Hedges. We have considered the petition of Matthew Plowman, and have been attended by some persons lately inhabitants of New Yorke, who have confirmed substance of his petition (see Cal. A. and W. I. 1700. No. 807. i.) and that the value of the provisions taken from him by Leisler might amount to 600l. as alledged. We do not conceive his claim to be a debt of justice, yet his condition is such that he appears to us an object of charity. Signed, Dartmouth, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior. [C.O. 5, 1120. pp. 238, 239.]
Dec. 21.
Whitehall.
1406. W. Popple to the Commissioners for Prizes. The Council of Trade and Plantations having had under consideration your Memorial of Nov. 22, relating to the Neptune, desire you to furnish them with a copy of the Order of the Court in Barbadoes whereby you say "one-half" etc. [quoted. See Nov. 26], and further to inform them wherein the Court of Barbadoes have proceeded irregularly, or wherein H.M. has been injured, either in that or any other instance of the like kind; for that it does not appear to them that the words "Statutes or Acts of Parliament," which you interpret to mean "Acts of Assembly," can signify other than the Acts of Parliament of this kingdome. And then the distribution of that prize does not appear to them to have been unduly made; wherein they therefore desire your particular explanation. [C.O. 324, 8. pp. 312, 313.]
Dec. 22.
London.
1407. William Penn to the Council of Trade and Plantations. I herewith send you a letter I have received from my Councill in Pensilvania, together with an extract of letters from the Secretary of my Govermt., as also an answer to the complaints and aggravations of some persons against it, which I earnestly beseech you to allow deliberate reading. And if the account given therein may find the Credit, that the morals and caracter of the people from whom it comes, deserves, I shal hope theirs that have given us so much trouble will lessen with you, upon which alone they seem to have presumed too far with some of the inhabitants; and which I suppose would hardly have been endured in any other Govermt. For there can never be a greater Demonstration of Refractoriness and Faction, then where people oppose effecting what they seemed to desire, and hinder doing the very things they have before complain'd of for not being done, and labouring with their utmost power and interest to persuade or awe people from their duty in Government, and then make that a reason of complaint against it. So that I am under an absolute necessity of entreating your letter to require our disturbers to demean themselves at least with less offence, and rather study to promote than obstruct the publick peace and justice, especially since we are yet under a treaty about the Govt., and that we find by experience we have enemies enough abroad to make Peace our choice, as well as interest, at home. Here is a ship suddenly bound for New York, and another to Boston. I therefore pray, for the prevention of the inconveniences that may unhappily arise from such contradictions, your letter and duplicate to send by those opportunities which are so uncertain, during this time of warr, and the great distance will not allow present and suitable remedies. Signed, Wm. Penn. Autograph. Endorsed, Recd. Jan. 11, Read March 3, 170¾. 2 pp. Enclosed,
1407. i. Council of Pennsylvania to William Penn. Philad. [? Aug. 26], 1703. May it please our Proprietary and Governor, The mournful account of our late Lieut. Governor's decease having by this time we hope reached thee, we think ourselves obliged to acquaint Thee with our circumstances and proceedings thereupon. Soon as a Council could meet after the Governor's Interment we published our Commission on the 4th 3d moth. with a Resolution to act in all things absolutely necessary for the present support of Governmt. in pursuance of the powers of said Commission till further provision could be made. But on 17th Col. Quary produced to us then sitting an Order of the Queen in Council requiring all Magistrates and Officers in this Govt. to take the Oath directed by the Law of England, or the Affirmation allowed by the said Law to Quakers, and that no Judge be allowed to sitt upon the Bench, who shall not first take the oath of a Judge, or in lieu thereof the aforementioned Affirmation; also that all persons who in England are obliged and are willing to take an oath in any publick or Judicial proceeding, be admitted so to doe, or otherwise all their proceedings are declared to be null and void. With this Order by directions from the Lords of Trade and Plantations (as Col. Quary declared) all the Courts in the Govmt. were served successively as they came, from wch. some among us who too much make it their business to obstruct all our affairs for their own sinister ends, took occasion to endeavour a stop to the proceedings of the Courts at that time, notwithstanding all the Magistrates of this and most of the Counties had really taken all those oaths or affirmations upon their admission. But because in two of our Counties, Chester and Bucks, it will be very difficult, and in Bucks almost impossible to find a sufficient number of fitt persons to make a Quorum of Justices that will take or administer an Oath, it will be a very great hardship there to have none on the Bench but such as can swear, for our frds. can no more be concerned in administring an oath than they can take one. And in all actions where the case pinches either party, if they can from any corner of the Govmt. bring in an evidence who demands an oath, the cause must either drop, or a fitt number of persons must be alwayes there to administer it, tho' only perhaps [fit ?] upon the account of such an Evidence, a hardship upon a people consisting chiefly of those that cannot swear at all, that we presume had never been putt upon us in these cases if fully understood. The Order however appearing positive, several powers or writts of Dedimus Potestatem for the Qualification of the Magistrates were necessary, which must be issued by the Council, but we ourselves not being qualified, it was objected that there was a necessity for us first to take what the Law required, and especially that injoyned by the 7th and 8th Wm. III for the security of Trade, for administring which to the Governor of this place a Dedimus under the Great Seal of England is directed to Col. Quary, Rd. Halliwell, and Jasper Yeats and two more absent or deceased. For answering this, letters were sent by us to the persons named, desiring them to attend the Council on the 29th of the 4th moth. (to which time it was delaid by Col. Quary's absence) in order to discharge what was injoyned by the said Dedimus and Order. Accordingly they came, and first for sometime insisting on the surrender of the Dedimus into their hands, which before had been kept with the Records of the Govmt., upon their engagement to return it, it was delivered to them, and they withdrew to consult what was proper for them to doe. About an hour after returning, they delivd. up the Dedimus again, as they had engaged, but told the Council that unless five of us, which number makes a Quorum, would take the oath in express words as directed, they could not administer it to fewer. It was insisted on that it should be administred to such of the Council as could swear, who were only two, and that if nothing else did, yet the Queen's Order, which Col. Quary had produced, gave liberty that an Affirmation should be taken in all cases of Magistracy, where the persons could not take the Oath, and therefore that if such should swear who could, and the others, who in conscience could not, took the affirmation, it might fully answer. To this, that there might be no obstruction in business and the administration of Justice, they were urged, but constantly refused, and thereupon withdrew. After which one of them, viz. Rd. Halliwell, insultingly made his boast that they had now laid the Govmt. on its back and left it sprawling, unable to move hand or foot. But the said Dedimus being also directed to five of the Council and Collector of the Customs of the Port of Philadelphia, as well to the others beforenamed, we called the Collector and required of him, upon the others' refusal, to discharge his duty in this case, but Col. Quary having some influence over him by reason of his office as Surveyor Genl. of this River, had sent for him before and warned him not to meddle, upon which he also at that time refused. But not only some of our own Lawyers, but one in the neighbourhood, viz. J. Regnier, eminent for his skill, taking some pains to inform him that it was indispensably his duty to administer the said oath, when required, to as many as would take it, being sent for again, he complyed, and on the 16th of the 5th moth. administered it in Council to Judge Guest and Capt. Finney, and the rest of us who could not swear generally took and subscribed the same by an Affirmation, according to the Law of England and the Queen's Order, which was the utmost we could doe. This obstruction being surmounted much to the disappointment of our Adversaries, we proceeded to transact what was of immediate necessity before us, but through these men's restless endeavours find it extreamly difficult fully to discharge the duties of Govmt. incumbent upon us, they taking all advantages of throwing in our way whatever may perplex or be a hardship to us, by reason of oaths or such other things as are inconsistent with the principles of most of us. Besides that many things occur in the administration of Govmt. according to the Laws of England, if no immunities by our own Laws must in these cases be allowed us, that cannot well be executed by men of our Profession. We doubt not but that according to the Custom of these men they have been exhibiting complaints against us, occasions for them being what they daily court, and when by their endeavours by any means brought to bear they greedily lay hold on them. Governor Hamilton last winter issued a Commission of Oyer and Terminer and Gaol delivery for the County of Philadelphia to Judge Guest, Capt. Finney and Edwd. Farmer. The trials were by the Commission required to be wholly by oaths, because some of the Provincial Judges had been tender of trying them otherwise, some of the prisoners being upon their lives. But the Attorney General that thou left us (J. Moore), instead of discharging his duty in prosecuting for the Queen, rode out of town, and such effectual endeavours had been used with the persons impanelled for the juries (being chiefly those called Churchmen and such as could take oaths) that not one of them would serve, but positively refused. The same methods had also been used in Philadia. to prevent all persons from listing themselves in the Militia under the said Governor's Commissions last year, and yet we are credibly informed that they have complained as well of the small appearance of men in the Militia, as of people being tried only by affirmation, tho' these Complainants themselves were the causes of both. Their Plott is to have the whole Govmt. represented to the Ministry to be in confusion, and that thereupon it will be absolutely necessary to be taken into the Queen's more immediate care; to this end they magnify every small occurrence where they can have the least grounds, and scruple not to make where they find none, as Col. Quary has lately done to the Lord Cornbury in a letter, as that Nobleman himself declared, affirming that we were reduced to such confusion that we had no Govmt. at all, or to this effect, with a design to induce that Lord (who we presume has more honr.) to represent it home upon Quary's information, that it may there gain the greater credit, but should it be so represented, we affirm 'tis positively false, and shall take occasion to acquaint the Lord Cornbury accordingly. It is also intended, we are informed, to be made the subject of a complaint that one Burgess, Lieut. to Capt. Pulleyn, Commander of the —, Capt. Dampier's compa [nion in] his intended expedition to the South Seas, lately brought in a prize that the said [ship] had taken in the Canaries, loaden with wheat, into our Capes, and that the said Bur[gess going] on shoar at Lewis was not seized with his ship. She had 12 guns and 15 men mostly English, and tho' there was no reason to discredit the Master's or men's report, yet it was [believed] they had left Capt. Pulleyn upon some unfair design. An account of th[is being] brought to Philadia. in the worst dress while the Lord Cornbury was here in his [visit to us] from Burlington at his accession to his Govt. there, upon a consultation [with] him it was thought fitt that he, as Vice-Admiral of Jersey, [should use?] his Commission for seizing and bringing her up, and a vessel and men fo[rthwith?] be furnished from this place, in order to which preparations were forthwith [made, when?] another vessel coming up the River brought advice that the Prize had [sailed?]. We since hear by the post from N. York that the said Capt. Burgess has co[me in ?] thither, and is to have her legally condemned as his prize. One would admire what consequence could be drawn from hence, but w[e hear ?] the complaint is, that she might as well have proved a Rogue as honest, [and that ?] the County should have seized her, according to the advice of the Collector ther[e, who being ?] youthful and active was very brisk in endeavouring it, but mett not with [any ?] concurrence as desired from the inhabitants, who perceiving her to be no [doubt ?] of some force were unwilling to expose themselves in a hazardous undertaking without seeing any reasonable cause for it, or any probability of advantage or safety from it. We indeed of Philadelphia upon the first information feared it might prove worse, for it was represented to us under some surprize, which caused those preparations, our readiness towards which the Ld. Cornbury promised he would duly acknowledge to the Queen or Ministry, but the whole proving better than expected, and the vessel being gone, it dropt, only we have thought fitt to turn out the Sherif of that place upon complaint of his refractory behaviour to the Collector in this and some other cases. But if he or any other there should be found deficient in their duty, we hope it will be considered that these are some of the men who employed Col. Quary in their behalf to complain against thee and this Governmt., and therefore will not be imputed to the Quakers here, there not being at that time above one in the place, for W. Clark was then (as now) at Philadia. However, because occasions are continually taken from our circumstances chiefly upon our late Governor's decease, all which might have been we hope effectually stopt upon the arrival of his approbation by the Queen had he lived, we most earnestly request thee that thou would procure some fitt person of Moderation and Temper, who can fully comply in all points of Govermt. with the Law of Engld., to be approved by the Queen and take the Govmt. wholly upon him, that such men as these (Col. Quary and Jno. Moore especially we mean) who have no interest nor one foot of real estate that we know of in the place, but seek the overthrow of the first Adventurers here for their own sinister ends may no longer insult over us, nor be suffered to make continual war upon the just rights and privileges of both thyself and the people. And we beseech thee more effectually to represent our case with thy own to our Sovereign the Queen, whose Justice and Tenderness to all her loving subjects we are well assured would lead her of her innate goodness, if acquainted with our circumstances, to protect us from the designs of those men, who for the sake of aggrandizing themselves by offices without any regard to the true interests of Her Colonies, endeavour [to] deprive us of our just rights, and injuriously become in a great measure the Masters of the Toil and Labours of an industrious people, who first embarqued in [a] design of settling this Colony in a full expectation of enjoying the privileges first [pro] posed to them without Infraction. None are willing to pay a more entire obedience to the Crown in all things in our Power, none can acquitt themselves with more fidelity, [an]d therefore we would in all Humility hope that we shall never be excluded from any [? shar] e of our royal Mistress's benign influences, that others of her subjects happily enjoy, [an]d that thou wilt also be favourably pleased to use thy endeavours for the obtaining [? them] not only for thy own just interests, but those also of the people who have embarqued [wit] h thee, and among the rest of, Thy most faithful friends, Griffith Owen, Edwd. Shippen, Sam. Carpenter, Willm. Clark, Caleb Pusey, Tho. Story. Endorsed, Recd. Jan. 11, Read March 3, 170¾. 4 closely written pp. Edges torn. Annexed,
1407. ii. Abstract of preceding. 2 pp.
1407. iii. Abstract of letters from [the Secretary of ?] Pensilvania giving an account of the uneasy and uncomfortable circumstances of the people and Government through the practises of Robert Quary. 24, 4m., 1703. Repeats part of preceding relating to Commission of Oyer and Terminer at Philadelphia. Continues: The endeavours of those factious persons had been too successful. After Court, some enquiries were made into the reasons of their refusal, and the principal given were that trials of such criminals belonged to the Provincial Court when it came of course, and that a special Court seemed not so conformable to the Law. This was wholly groundless, but served to impose on those that knew no better. The real argument was that the Commission being issued by Col. Hamilton, who had not the Queen's Approbation, was not valid in itself, and therefore none could be safe to act under it. This was ridiculous, but the whole design was to prevent all things that might take away occasion of complaint, and they hoped the delaying of Justice might prove a great one. The endeavour of the Governour proving fruitless, the criminals continued in prison, till the Provincial Court returned of course, but still it returned under the same disadvantages as the other did before, only that the other Judge was present, which made up three of such as could not swear. The Court being called and all 5 in Town, Mr. Guest and Finney, as they had done before, declined acting, and the other 3, William Clark, E. Shippen and Th. Masters held the Court, and impanelled a Grand Jury, not by oath, for that they could not administer, but by an affirmation, according to the Law of England; which being done and several discourses arising upon it, being desirous to act cautiously to their utmost, they advised not only among themselves, but at length advised also with some Members of Council, who concluded together that the Royal Charter to Thee the Proprietary, requiring the Laws for felonies etc. to be the same here as in England, until they should be altered by Thee and the People, and the same Charter in other clauses giving power to make Laws, the Law of England could not be our rule after such alterations were made, that Charter only being the foundation of this Government; that having made Laws of our own pursuant to its direction, which were not yet disallowed, these must be our guide; that we having a Law that directed how Juries should be qualified, while we acted by that we acted legally and could not act so by any other; however that while this Government found no fault with the administration of oaths, when it should be thought there was occasion for them, it was very probable the Government of England would not, and therefore that such as should administer oaths, being free to it, acted safely. Upon this the Grand Jury was again attested, according to the Law of this Govmt. in that case provided, and business carried forward without any obstruction to the end, at which one young man was burnt in the hand for manslaughter, pleading the benefit of his clergy, and a woman condemned to death for murdering her child; but is not, nor is likely to be, executed. This is a true state of the case, and if any fault be found, it will scarcely, I suppose, lie at the Judge's door; for there was a necessity to deliver those miserable wretches out of gaol etc. The Governour, tho' always desirous to have oaths administered, where it could by any means be done, yet would not again venture to issue a new Commission, for by that means their old Commission, which is from thyself, and therefore disputed by none, would be made void, and the validity of the new one, issued by Govr. Hamn., not yet approved of, would be disputed, and all the business of that Supream Court obstructed etc.
3, 7m. When the Lord Cornb. came to Burlington, where a good number of friends, to shew their respects, waited on him, C. Q. with the principal of his party presented an Address from the Vestry of Philadelphia, requesting his patronage to the Church, and closing with a prayer that he would beseech the Qn. to extend his Govt. over this Province. C. Q[uary] also in his first congratulatory Address said, they hoped that they also should be partakers of the happiness Jersey enjoyed in his Govmt. He answered that it was their business (to address the Qn.), but that when his Mistress would be pleased to lay Her commands on him, he would obey with alacrity. The Lord C. upon a report of a ship supposed to be seizable, and Col. Q. aggravating our inability to take effectual measures therein, examined the informer and sent for the Collector of Lewis to draw up a narrative of it. He took notice of a complaint upon the 2 French men's return from Canada, whom he examined and gave advice to take security of them; which they gave in 500l. each.
On 3rd 7m., being Court-day at Chester, a dedimus was sent from the Council, directed to Walter Martin, a sober man, to administer the affirmations etc. required by the Qn.'s Order. He agreed to discharge what was enjoyned him, but Jasper Yeats prevailed on him to the contrary; the chief argument was that there was another oath (besides those sent), viz. that of Abjuration, which he must administer also, and because that was not sent with the rest, he could administer none; but that oath and the Act that enjoins it not extending to us, unless the Qn. should positively order it, as she has done in the Commission to Lord C., none here is under an obligation to take it. This was a strenuous endeavour of Yeats, and they say Moor, to prevent the Courts sitting, that so they may be strengthened in their complaint and represent us to be in confusion; that is their whole plott. Some of them pretend power from the Lds. of Trade to inspect our actions and use all their authority to no other end then to perplex us and disturb our Govt., but we are in a miserable case, if no care be taken of us from home but to our destruction, and none be employed among us, but such as are profest adversaries to us. Sure our Superiours cannot intentionally be such hard masters. We shall hold our Courts in despite of all their endeavours.
The true state of Butterworth's brigantin, the only vessel that came hither from Curasao since thy Departure. She came up to N. Castle to water, and the Master returning with the Collector, a passenger on board having a chest of prohibited goods, and seeing him, endeavoured to carry it off to Jersey side, but was apprehended and the vessel seized and the Master carried ashoare; but that night the Mate went of with the vessel to Rhoad Island, the Master being ashoar and very apprehensive he should never see her more. This did not stop our prosecution of him, for being informed he was come to this town, we made a strict search, but mist him. Some time after he went to Road Island and took possession of her, but having relatives in this place, and having left Barbadoes, which was his last Port, with his whole Family to settle here, he was still desirous to come in, and having by his friends articled with J. Moor, and at length brought the vessel in and delivered her up, being first stript of all that was valuable about her, and then condemned and appraised to 100l. only, of which near 40l. went for Court charges. The chest of goods was also condemned, but the Collector of N. Cast., S. Lowman, refuses to deliver the Governor's thirds. We never yet heard there was any communication between this and Road Island about her, further than by the Master's writing perhaps to his relations to tamper with the Officers, which they did so effectually that she was brought of, the Govmt. being no ways concerned in it, [for,] for that to touch with the Admiralty was then the highest trespass. If they complain of any in the Govmt. here in that affair, I will prove them to be in this, as in the rest, unworthy base men. We never had any trials in our Civil Courts of offences against the Acts of Trade, an information only having been once filed in righteous busines; we take all possible care giving offences, but men that study to find them, if they cannot do that, will make them of nothing.
7th 7/m., 1703. This being the day for our Court of Philad., the Justices mett, and the Council having directed a dedimus to R. Asheton for qualifying the Justices, according to the Qn.'s Ordre, he tendred the oaths required, and with the rest the Abjuration, Guest, Finney, Farmar and Bankson took them all, and Friends all but the Abjuration, by affirmation; but, proceeding to business, when oaths came to be administered, all the Friends left the Bench and quitted the Service, leaving it to the other four. They complain much that so intolerable a hardship should be put upon them now in this Countrey, by which they think themselves thrust out of all business; and doubtless it is a great severity, which could scarce ever be intended, were it understood.
Philad., 1st Xber, 1703. Govr. Hamilton, upon proclaiming the war, exhorted the people, publickly mett on that occasion, to list themselves under such officers for their own security, as he would forthwith give Commissions to; he soon after granted one to Geo. Lowther to be Capt. of one Company in Philad., with other Commissions to his two subalterns, a Lieutenant and Ensign. Upon this the drums beat through the town for such to meet as were that way inclined, the Capt. from promises made him expecting a large appearance; but when come to the field, he found himself much disappointed, those that listed being of a much meaner sort than those he expected, tho' from endeavours he understood were used, he feared something of the kind. He treated them all however very civilly and encouraged them to meet again, marching them through the town. Upon this disappointment he applied himself again to make an interest (for he was very hearty in it), and to have it mended the next time, but found the most ignorant generally persuaded that if they listed they must be forced to Canada, and the others generally backward, giving this, when urged to it for their reason, that for them to form themselves into a Militia now would be the readiest method to secure the Quakers' Govermt. (the want of one being the greatest objection against it) while they (the Quakers) would not lend a hand to it, but laughed at them for their labour. J. Moor and Jasper Yeats took an opportunity one evening to send for the Capt. himself, and used all possible arguments to dehort him from the undertaking. He mustered however a 2nd time, which was the last, finding the opposition too great, persons being daily employed in privat to divert the inclinations of such who had shown a forwardnes that way. Of this there might considerable advantages have been made by the Govmt.
11th, 7/m., 1703. Because C. Q. [uary] before his departure has made all possible preparation for complaints (which he industriously with his accomplices lays plots for) against this Govmt., and because his Vice-Regent in mischief, J. M. [oore], as well as other officers, has this week strenuously endeavoured, by his profession in the Law, to perplex our Court at Philad., that disorders there (could he procure them) might yield them a pretence, I send this Express to inform Thee that notwithstanding all attempts and designs laid to the contrary, the said Court, which is the principal in the Govmt., being opened on the 7th inst., the day appointed by Law, has been held, and proceeded very regularly these 3 days past, with an exact observance of the Qn.'s Ordre, and so it is likely to close, the Magistrates and Justices having surmounted all difficulties, that our Adversaries heaped in their way. Chester-Court, by means of J.M. and Jasper Yeates' Artifices with the Person to whom the Dedimus for qualifying the Justices was directed, adjourned for a month, he refusing to obey it through a Punctilio cast in his way. But that of Bucks happening this time in the same week with Philad., which it rarely does, and the said busy Instrument, J.M., by his more necessary attendance here being obliged to be absent, they proceeded without any Remora, pursuant to the sd. Ordre. In the Lower Counties there is no obstruction, nor will there, I hope, be any here. But those other 2 small Courts of Chester and Bucks, whose Counties Thou knowest are almost wholly people with Quakers will, when business that requires oaths falls in their way, be very much perplexed, there being scarce any fitt to be impowered to administer them; in the latter scarce one etc. Capt. Pullein's ship, the Fame, having left her companion, Capt. Dampier, taking fire at Bermuda, was blown up with her own powder. Refers to her prize as above.
29 7/m., 1703. Yesterday the Council sitting, Jno. Bewly, Collector of this Port, S. Lowman, Coll. of N.C., and Hen. Brook of Lewis, having received new Commissions for their places under the Qn., desired to take the oaths enjoyned by Act of Parliament before that Board, wh. now represents the Govr. But the thing being new to most of them, the Acts were enquired into, upon which it appeared the oaths ought to be taken either before the Chancelour or in Chancery; in the King's Bench or at the Quarter Sessions; but neither of the first being properly here, and the Council being incapable of administering oaths in that manner (notwithstanding they find expedients in other cases, when of absolute necessity), they referr'd the sd. officers to the Quarter Sessions in their respective Counties. With this Bewley and that most ingenious young gentleman, Brook (younger son of Sir Hen. Brook of Cheshire) were well satisfied, but S. Lowman, who since his coming to N. has fallen in with that Clubb, whose Plot is the subversion of the Govmt., makes a noise at it, by instruction from J. Moor, his Oracle, who tells him they have no Quarter Sessions at all, and that the Council had now shewn they knew they had no power themselves (because some of them who could not swear took instead of an oath the affirmation), an egregious piece of Impudence, while he knows the Council has duly since the Govr.'s death discharged all duties incumbent on them. Endorsed, Recd. Jan. 11, Read March 3, 170¾. 11¼ pp.
1407. iv. One of the Council of Pennsylvania to Mr. Penn. Lewis in Sussex, (al. Whorekills), 6, 7/m., 1703. On my coming home I found a lease of ejectment left at my house by the means of Col. Whitington of Somerset County in Maryland to appear at the Provincial Court at Annopeton to defend the title of my land in Cederneck on the South side of Rehobor Bay, and the last Court both John Hill and myself had another served on us to appear then to defend our titles to other lands we took up under Thyself on that side of the Bay. We cannot expect but that the Court there will overrule us. They alledge that the bounds of Somerset County comes to the Indian River and Rehobor Bay, and that the bounds of their Province reaches to the 40th degree of the North latitude. They make their boast that after they have recovered the one, they will go on for the rest of the Counties, for they have Maryland rights for great part of the best tracts of land in the Three Lower Counties. Should the Proprietary loose them, the Province would not be of one fifth of the value to him it is now. These things are much strengthened by the disaffected party spreading abroad that the Lower Counties were left out of Thy Commission to the Council in case of the death or absence of the late Lt. Gov. Hamilton, which was a very unfortunate omission, and they say designedly done, for the Proprietor could not grant that he never had. It is now come to that head that not only in the County of Sussex the People do refuse to pay their Quitrents, but also in the County of Kent, for the Chief there lately as I came down from Philada. told me that they repented that they had paid any and given others encouragement to pay, but would pay no more till they see a better authority from the Crown of England for it. I doubt not but the same resolution will be shortly, if not already taken in the County of N. Castle. Endorsed, Recd. Jan. 11, Read March 3, 170¾. Copy. 1¼ pp.
1407. v. Anon. to the Lord Cornbury. Refers to the "Address to Lord Cornbury presented by the Vestry of Philada., in which they requested him to pray H.M. to extend his government over us. … We hope that he will not by any means countenance any such request or endeavour." The rest verbose compliment. Endorsed as preceding. 2½ pp.
1407. vi. Copy of Reply to informations of undue practices in Pennsylvania sent to Mr. Penn, April 16, 1702. [See Cal., 1702. No. 342, and Penn's replies in same vol. This document practically repeats them, after remonstrating "ye unhappiness not only of those of us who upon the encouragement of ye King's Royal Charter … embarked in a hazardous expedition with their estates and families to change a wilderness into a well cultivated Colony … but of all under the denomination of Quakers who have since settled here in being thus injuriously attacked by some few lately come amongst us, who had not ye least share in ye toil, hardships and expence of making this Colony … men who make it their business by calumny and slander to represent us under vizards to ye Ministers" etc. Endorsed as preceding. Partly torn. 13 large pp. [C.O. 5, 1262. Nos. 59, 59.i.-vi.; and (without enclosures) 5, 1290. pp. 447–451.]
Dec. 22.
Whitehall.
1408. William Popple to Josiah Burchet. The Council of Trade and Plantations desire you to furnish them with a copy of the Instructions which have been prepared by H.R.H. Council (according to the Order in Council, Nov. 11) in order to their transmitting the same to the Lieut. Governor and Council of Jamaica etc. [C.O. 138, 11. pp. 95, 96.]
Dec. 22.
Portsmouth.
1409. Minutes of Council of New Hampshire. H.E. [Dudley's] letter directed to Lt. Gov. Usher, Boston, Dec. 13, setting forth whether it is best to labour this winter upon the ice to beat up the Indian enemyes head quarters or not, and to take the advice of H.M. Council here and to enter a Minute of their humble advice about the same, was read. The Lt. Gov. addressed the Board:— "It ever hath been judged the best season in the winter to go to the enemy's headquarters; they cannot be pursued so well in the spring etc. If the enemy be not visited now [I] judge they will soon visit these parts, and if not an army out, they may soon be in our bowels."
It is the humble opinion of the Council that, for H.M. immediate service and the security of H.M. subjects, that the forces abroad be continued, and that there be an addition ordered; the Board desires Governor Dudley to order said forces with all expedition possible to march to the Indian Enemyes headquarters, being the only thing that in all probability under God may secure our frontiers and preserve the subjects; and [that] this Board at all times shall be ready and willing to give their assistance. [C.O. 5, 789. pp. 160, 161.]
Dec. 23.
Whitehall.
1410. Council of Trade and Plantations to the Earl of Nottingham. Whereas H.M. has been pleased by Order in Council, Nov. 11, to direct us to prepare an Instruction to the Governor in Chief who shal be appointed for the Island of Jamaica, we are humbly of opinion that such Instructions be prepared for the present Lieutenant Governor, those matters pressing very much, and requiring, as we conceive, immediate dispatch, which we desire your Lordship to lay before H.M. accordingly. We likewise send your Lordship the draught of a letter which we were ordered to prepare for H.M. Royal Signature. Signed, Weymouth, Rob. Cecill, John Pollexfen, Mat. Prior. 1 p. [C.O. 137, 45. No. 58; and 138, 11. pp. 96, 97.]
Dec. 23.1411. The Queen to the Governor of Jamaica. Draught of letter referred to in preceding. Trusty and well-beloved, We greet you well. Being informed that the Assembly of our Island of Jamaica have fallen into great difference with our LieutenantGovernor and Council, and into heats and disorders among themselves, so that seven of their number being at once expelled the House, there did not remain a Quorum sufficient for the dispatch of the publick busyness then under their consideration; from which disorders it has happened that no due care has been taken for renewing the body of their Laws, and particularly the Act of the Revenue, which is near expiring, We do therefore hereby direct and require you to signify to the Assembly that we do highly dislike such their disorderly proceedings as inconsistent with their duty to us and with the common safety and welfare of the Island, and that we injoyn them to lay aside their private heats and animosities, and attend with diligence and moderation to the dispatch of the busyness before them and the promotion of the publick good. Countersigned, Nottingham. [C.O. 138, 11. pp. 98, 99.]
Dec. 23.
St. James's.
1412. Order of Queen in Council. Referring enclosed to the Council of Trade and Plantations for their Report. Signed, John Povey. Endorsed, Recd. Dec. 29, 1703, Read Jan. 3 (1704). ¾ p. Enclosed,
1412. i. Commissioners of Customs to the Lord High Treasurer, London, Dec. 7, 1703. Henry Carpenter, then imployed under Mr. Mead, one of the Sub-Commissioners of Nevis, having reported that the Genl. [? Codrington] had forbid the collection of the 4½ p.c. duty on exports from that part of St. Kitts lately taken from the French, having no Representatives to give away the same as the other part had, and withal declared no such imposition should be levied there, and that there should be no civil power in that part during the war, pray for directions therein. Signed, T. Newport, Sam. Clarke, A. Maynwaring, Will. Culliford. Signed, John Povey. ¾ p. [C.O. 152, 5. Nos. 41, 41.i.; and 153, 8. pp. 228–230.]
Dec. 23.
Boston.
1413. Minutes of Council of the Massachusetts Bay. Order for manning the Anne and Mary, two sloops lately taken up for the war.
100l. paid to Col. Romer on account of wages for the fortification of Castle Island.
170l. 15s. paid to Lt. Col. Tyng for soldiers raysed within the County of Middlesex for ranging the woods and posted in garrison in the several frontiers May 25—Dec. 18.
There being but a thin appearance of the Council, consideration of the winter's march deferred till to-morrow.
Dec. 24.107l. 17s. 1d. paid to Capt. Wm. Tyng for wages of a foot company, Sept. 10—Oct. 30.
52l. 18s. 8d. paid for the garrison souldiers under Capt. Wm. Tyng at the Fort at Dunstable, May 26—Sept. 13.
6l. 16s. paid to Capt. Nathaniel Thomas for his charges at Plymouth in the care of soldiers raised etc.
5l. 4s. paid to Major Wm. Taylor for himself and six troopers to visit the frontiers.
H.E. communicated letters from the Colonels of Militia in several parts, referring to a winter's march to the Indian headquarters; as also a Minute of the Lt. Gov. and Council of New Hampshire advising thereto; and ordered a vote of the Representatives relating to that matter to be read. The Assembly having pass'd such a vote, the Council did not advise H.E. to march with the detach'd forces and such volunteers as should offer. But on consideration of the late intelligence of the further mischief done by the Indians, in the Eastern parts, prayed H.E. to keep so many of the forces on foot as shall be necessary for the defence of the frontiers.
27l. 4s. 6d. paid to Daniel Willard, Keeper of H.M. Prison in Boston, for keeping several French and Indian prisoners.
96l. 14s. 4d. paid to Major Stephen Sewall, Commander of the Fort at Salem, for the wages of the garrison.
40l. 15s. 3½d. paid to Capt. Josiah Chapin for wages of 13 soldiers posted at Oxford and Hassanamisco in ye summer past.
37l. 9s. 8d. paid to Col. Thomas Packer of Piscataqua for entertainment of H.E., the Genl. and Guard in Sept. [C.O. 5, 789. pp. 553–556.]
Dec. 24.
New Hampshire.
1414. Saml. Allen to the Council of Trade and Plantations. Returns thanks for their Lordships' Representation on his case, and as to his occupation of the waste lands etc. The Government to prevent my proceeding against them for usurping on my right by unlegall ways, have made two Laws which your Lordships have here inclosed, which I humbly pray may be repealed. [These were, An Act against trespassing on Town Commons, and An Act for the Confirmation of Town Grants.—Ed.] Signed, Samuell Allen. P.S.—I enclose my public notification to the inhabitants. Endorsed, Recd. 12, Read 31 May, 1704. Holograph. Addressed. Sealed. ¾ p. [C.O. 5, 863. No. 67; and 5, 911. pp. 336, 337.]
Dec. 24.1415. Attorney General to the Council of Trade and Plantations. I have considered the abstract of an Act of Rhode Island (see Dec. 2) and the Charter of Charles II, and there find that the Proprietors have by that Charter power to erect only Courts for determining all actions, causes, matters and things happening within that Island, which doth not impower them to erect a Court of Admiralty, the jurisdiction of such Court being of matter arising on the High Sea, which is out of the Island; however, I cannot advise a prosecution against the Corporation to make void their Charter for making the Act for a Court of Admiralty, the same Act being only provisionall until his late Majesty's pleasure should be further known, but I think it will be proper for H.M. to declare her pleasure to determine that Act, by which I am of opinion it will be determine, being made to continue only till the pleasure of the Crown should be farther knowne, and it may be proper to acquaint the Corporation that if they make any of the like attempts for the future they shall be prosecuted for making void their Charter. Signed, Edw. Northey. Endorsed, Recd. Dec. 29, 1703. Read Jan. 4, 1704. Enclosed,
1415. i. Copy of Abstract of Act of Rhode Island, Jan. 7, 1694, appointing the General Council an Admiralty Court for the condemning of prizes and other sea-faring actions as occasion shall require. Signed, Weston Clark, Secretary. 2 pp. [C.O. 5, 1313. Nos. 60, 60.i.; and 5, 1360. pp. 403, 404.]
Dec. 25.1416. Petty expenses of the Council of Trade and Plantations. Michaelmas—Christmas, 1703. 27l. 18s. 2d. 1 p. Endorsed, Recd. Read Jan. 10, 170¾. [C.O. 388, 75. No. 80.]
Dec. 25.1417. Mr. Purcell's Account for Stationary supplied to the Council of Trade and Plantations, Michaelmas—Christmas, 1703. 17l. 15s. 8d. Endorsed as above. 2 pp. [C.O. 388, 75. No. 81.]
Dec. 25.1418. Postman's Account for postage for the same. 94l. 1s. 10d. (including New Year's Gift, 3l. 4s. 6d.). Endorsed as preceding. 1 p. [C.O. 388, 75. No. 82.]
Dec. 25.1419. Additional Account for 4 tons of Scotch coal, 8l. Endorsed as preceding. ½ p. [C.O. 388, 75. No. 83.]