America and West Indies: March 1705, 1-5

Calendar of State Papers Colonial, America and West Indies: Volume 22, 1704-1705. Originally published by His Majesty's Stationery Office, London, 1916.

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'America and West Indies: March 1705, 1-5', in Calendar of State Papers Colonial, America and West Indies: Volume 22, 1704-1705, (London, 1916) pp. 395-428. British History Online https://www.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol22/pp395-428 [accessed 19 March 2024]

March 1705, 1-5

March 1.
Whitehall.
906. Council of Trade and Plantations to Mr. Secretary Hedges. Enclosing informations relating to Major Lloyd, to be laid before H.M. In case H.M. thall think fit to send a reinforcement to the garrison of Newfoundland (as Feb. 14), it will be necessary that a proportionable increase of provisions be forthwith ordered etc. Autographs. 1¾ pp. [C.O. 194, 22. No. 13.]
March 1.
Whitehall.
907. Council of Trade and Plantations to the Bishop of London. We are convinced that the irregular proceedings [in Newfoundland] have been in great measure occasioned by the violent temper and scandalous life of Mr. Jackson the minister etc. Considering the importance of the place and the necessity of preserving the better discipline, we humbly desire that your Lordship would recall him, and that another minister be sent by the next convoy to supply his place. [C.O. 195, 3. pp. 407, 408.]
March 1.
Whitehall.
908. Council of Trade and Plantations to Mr. Secretary Hedges. In answer to letter of Feb. 14. Refer to letter of Jan. 12. We have only to add that the evidence against Capt. Lloyd, as far as appears to us, does not prove the misbehaviour alledged against him, several of the persons having signed papers contradictory to themselves, at one time accusing and at another justifying him, and the last Commodore and Captains of the 2 men of warr there, as likewise the Masters of several merchantmen having given a good character of him. Autographs. 2 pp. [C.O. 194, 22. No. 14; and 195, 3. pp. 405, 406.]
March 1.
St. James's.
909. Order of Queen in Council. Referring enclosed to the Council of Trade and Plantations, who are to consider the papers lately transmitted from Barbadoes, and report. Signed, John Povey. Endorsed, Recd. 6th, Read 7th March, 1705. 1 p. Enclosed,
909. i. Petition of the Four Suspended Councellors of Barbados. Pray for H.M. letter for examining their witnesses in Barbados, and that the appointment of persons to fill their places on the Council be meantime suspended. Signed, Geo. Lillington, Michael Terrill, David Ramsay, Ben. Cryer. 4¾ pp. [C.O. 28, 7. Nos. 86, 86.i.; and 29, 9. pp. 213–222.]
March 1.
Admiralty Office.
910. J. Burchett to Mr. Popple, jr. [See Feb. 28.] All the men of warr, ordered to attend on Barbados etc., for the security of those Islands, are particularly directed not to imprest men there, but to apply to the Governors. But Capt. St. Lo, being ordered to the West Indies with the Trade, and to return as soon as the Trades were ready, he had no particular orders about pressing (neither was hee forbidd to imprest men at the Islands), as the ships station'd there, have. Signed, J. Burchett. Endorsed, Recd. Read March 2, 1704/5. 1 p. [C.O. 28, 7. No. 87; and 29, 9. pp. 193, 194.]
March 1.
Whitehall.
911. Council of Trade and Plantations to the Queen. About 100 men are wanting to compleat the 4 Companies at New York, and a sufficient sum is saved upon the Establishment for making the recruits, which is very necessary. [C.O. 5, 1120. pp. 275, 276.]
March 1.
St. James's.
912. Order of Queen in Council. Referring preceding to the Lord High Treasurer to give such orders therein as he shall think fit. Signed, Chris. Musgrave. Endorsed, Recd. Read May 2, 1705. ¾ p. [C.O. 5, 1048. No. 113; and 5, 1120. p. 292.]
March 1. 913. Copy of a warrant from Lord Cornbury appointing Wm. Sloper his Agent for the Province of New York. Endorsed, Recd. Read July 20, 1705. 2½ pp. Set out, N.Y. Doc., iv. p. 1137. [C.O. 5, 1048. No. 112; and 5, 1120. pp. 331–334.]
March 1.
Whitehall.
914. Council of Trade and Plantations to Mr. Secretary Hedges. In reply to letter of Feb. 16. We know of no Law or Treaty which forbids the carrying the English Manufactures from England and Ireland immediately to Curacao and St. Thomas, those Colonies belonging to Nations in amity or allowance [sic] with the Crown, tho' we do conceive that the same is of great prejudice to the trade of H.M. Plantations, for that the Dutch and Danes do thereby intercept and carry on that trade more immediately with the Spaniards, and gain that additional profit which would accrue to H.M. subjects of the Plantations, in case the said goods were first lodged there, and carried from thence directly to the Spanish coast in the West Indies. One great occasion of carrying our English manufactures immediately to the Dutch and Danes is that the seamen are frequently prest at Jamaica and other Plantations from on board the merchants ships trading there, and the ships disabled from proceeding on trade with the Spaniards, so that our merchants do rather chuse to go to Curacao and other foreign ports, where they do not meet with any pressing or molestation of that kind, but on the contrary with all incouragement, whereby that trade may be drawn to those parts. Endorsed [? by Sir C. Hedges] "sent to ye Committee of Trade to propose wt. may be done to prevent. Care is taken yt seamen are not to be impressed by a standing Order from ye Prince's" [? Council]. 2 pp. [C.O. 318, 3. No. 22; and 138, 11. pp. 377, 378.]
March 1.
Virginia.
915. Governor Nicholson to the Council of Trade and Plantations. Refers to letters of Oct. 7 and 30, and encloses duplicate of latter. I have the Masters' receipts for my letters (described). I am more particular to your Lordships in this affair because I find that is a great accusation against me, for opening and stopping of letters and such things, but this some of them have revived; for the same thing they taxt my predecessour with, tho' I think they will find as much difficulty to prove that as most of their other accusations etc., and may be no Governour ever took more care about the safe conveyance of people's letters both while I was in Maryland and here and to my no small charge and trouble. I believe that I have had several letters stopt and intercepted both that have been for me here and those I have sent for England, something I have found out of it here and Mr. Perry writes me the same concerning my letters to him, etc., so I humbly begg that your Lordships will be pleased to enquire of Mr. Perry, both what he wrote to me, and what I have answered him about that affair. I think they have served me in this as they have done in others, that is where they have been guilty of any ill thing themselves, they would endeavour to throw it upon me; and this I hope to make appear when I have answered their memoriall, affidavitts etc. What your Lordships were pleased to direct, June 29, concerning letters etc. your Lordships will see what I have done in Councill thereupon Dec. 15, which I hope is agreable to H.M. commands and your Lordships'. This is designed by the Eagle gally. I intend to send your Lordships a copy of the receipt which I designe the Captain shall give me concerning taking care and sinking the letters etc. What you write Feb. 16, 170¾, about New Yorke, I am heartily sorry that the Assembly had so little regard to H.M. Demands, relating to the quota, but I am extraordinarily obliged to your Lordships for what you write concerning my zeale in that affair, and your Lordships were pleased before to approve what I did concerning it, as likewise his late and her present Majesty; but for all this I find Mr. Blair makes a great accusation against me, upon the affair of New Yorke, and the Memoriall Gentlemen insinuate something of it, when they tax me with using harsh speeches and irritateing propositions to the Assembly. I suppose they mean that wherein the New York affair was managed and where they used all their art, cunning and interest to oppose it. To endeavour here particularly to answer it or justify myself I think would be very rude and impertinent in me, because all the Journalls were sent to your Lordships, and with humble submission, I think they have in some measure if not taxed, yet reflected on your Lordships not only in that but in some other affairs, the particular whereof I suppose will appear when I have put in my particular answer to the Memoriall and Affidavits. One thing I beg leave to observe. Mr. Blair taxes me for not haveing my Lord Cornbury's receipt for my bills of Exchange for the 900l. entred on the Journall of the Councill; I confess it is not there, but it is recorded in a particular book belonging to the Councill Office where things of that nature were entred, with my letter to your Lordships of July 23, 1703. I there sent you a copy of the said receipt for which I suppose you were pleased to order, that in case the Assembly of Virginia do not reimburse me that mony, H.E. my Lord Cornbury was imediately to repay it: but his Lordship never received any of the money, nor as I hear never demanded of Mr. Perry. Refers to letter of Aug. 1, 1703. I very well remember that in the long Assembly about New York on one of the last days of that Session I came into the Council Chamber and found Blair and Beverley close together talking on that subject, for Beverley then was a Burgess. Blair asked him why they did not send more reasons against the quotas etc., but Mr. Secretary Jennings being next him gave him a jogg. I suppose he was so intent on that subject, that he did not see when I came in, and I suppose from that Sessions they contracted a familiarity, for friendship I believe it is none, for may be few people had abused and reflected upon one another so much as they had done. I think both these sparks have had profitable places by my interest and means, and maybe no man hath been much more beholden to any other then Blair hath been to me, as I think I can make appear by letters under his owne hand, except he will deny them; for I am sure that he hath both sign'd and sworn against me things of as strange nature, and I don't question but to make it appear both by records and liveing testimonys, that most of the things that he and Beverly hath sworn against me is not true (to give it no worse an epithet) especially Blaire. In the same letter your Lordships mention, that as to what I writ about attacking of Canada, your Lordships had communicated my Lord Cornbury's proposall about it to the Secretary of State; but I find that Mr. Blair in particular hath laid an high accusation against me on that subject, to which I shall at present only beg leave to say; that not only in those two cases of New York and attacqueing Canada, as likewise about a Burgess for James City, and taking up land on the South side of Blackwater Swamp etc., and what other things of the same nature they accuse me of, that is of endeavouring to do my duty what in me lay, both to his late Majesty and her present Majesty, I am far from being troubled and concerned at them, because I hope they have done me no prejudice with your Lordships, by reason I always endeavoured (according to my duty) to send your Lordships the Journal of the Councill, Assemblys etc., as likewise writt to your Lordships on those particular subjects, and I think that your Lordships will not be much better informed either by the Memoriall or affidavits concerning these or the other affairs they tax me with, than I have and shall endeavour to doe when a full answer to them is (God willing) sent to your Lordships by me. I am extreamly obliged to your Lordships for what you write in that letter, that I had no occasion to be troubled for the report concerning my mal-administration etc., and your Lordships were pleased in a letter of July 29, 1703, concerning the complaints of Capt. Moodie etc. to write that you would be farr from censuring me without hearing, but rather be ready to represent the satisfaction your Lordships always had in my conduct. I was too sensible of the designs that some few of the Extra-Twedians had against me, but I confess that I could not have imagined that they would have gone so farr as to have made affidavits against me, but I find when men give themselves up to implacable malice, hatred and revenge, that they will stick at nothing. I find that three of the Affidavitt Sparks were of that country and one Frenchman, and Robert Beverley, I fancy, will hardly find that Virginia will owne him. As for Esq. Luke, I pity him with all my heart, because he is an English Gentleman of Quality and hath a great many such relations, but he hath fallen into bad company both with them and his wife. My Lords, God forbid that I should in the least reflect upon that noble and ancient Kingdom of Scotland, because I had the misfortune of being very strangely used (but I thank God it is but) by a few of them, and I should be unjust if I did not owne that the other gentlemen of that nation in this country behaved themselves very civilly and justly towards me, and I have done the like to them, tho' these Sparks endeavoured to have made a nationall difference. My Lords, in the Councill Memoriall, they take notice that all Colonells, Lieutenant Colonells, Majors, Captains and other officers in the Militia are put in and turned out without asking advice of the Councill, contrary to all former practice. It may be sometimes I have like my predecessours asked advice of the Councill or named the Militia officers there, but with humble submission I think that I am not obliged to do it, either by my Commission or Instructions, and in another paragraph they tax me with advanceing men of inferiour stations to the cheif commands in the Militia, by which trusts and honours the Councill used alone formerly to be dignified and distinguished, to H.M. great security in times of danger, but the epithet (dignified and distinguished) I think clearly demonstrates who was the contriver of this Memoriall, for Mr. Blair may be would have been dignified and distinguished by severall military powers and commands, as he was in ecclesiasticall and civill, then he might have had a sort of spirituall militia, but into whom no doubt he would have endeavoured to have infused some worldly principles, as that they might have gott and enjoyed (no matter by whatever unlawfull and unjust wayes and means) a comfortable terrestiall subsistance before they had endeavoured to have secured themselves a celestiall habitation. I suppose that may be Mr. Blair hath read a little pamphlet entituled, A discourse of Government with relation to Militias, (one of them was given to me by Mr. Benja. Harrison, and under the word militias with his owne hand he writes thus, vizt. written by Andrew Fletcher, Laird of Saltoun) by which he might think himself qualified to be a Dictator as well in military affairs as he took upon him to be both in ecclesiasticall and civill; no doubt he had a high value and esteem for that book, because he hath told me that the Laird of Saltoun was a relation of his and a particular friend; and Mr. Harrison told me that he was very well acquainted with him: and I found that both of them had a very extraordinary great opinion of Mr. Fletcher, and that gentleman's pamphlet, entituled Speeches by a Member of Parliament which began at Edenburgh, May 6, 1703 (for I think Mr. Harrison as soon as he saw it concluded they were his), hath been studied and practised by him, but I thank God that all his Speeches etc. in the Assembly have not in the maine had any influence over them, nor I hope never will, for he is now seen through and well enough knowne in the country, and so I think is Mr. Blair and the rest of the small faction. But may be these Sparks want to have a Scotch Act of Security that they might make use of their militia on occasion, and may be they would do it as soon as possible, that they might be the better able to assist their brethren in promoteing their Interest both in point of Religion, Government, and Trade. In the same paragraph of the Memoriall they say that by these means I endeavour not only to regaine the good opinion of the common people, but also to begett in them such jealousys and distrusts of the Councill as might render them incapable to withstand my arbitrary designes. I humbly make answer that I have not advanced men of inferiour stations to the cheif command etc., but where there was not a Councellor in the county I commissionated the best gentleman in it to command the Militia. That the Councill formerly had the command of all the Militia in all the countys, though they did not live in them, is not so, to give it no worse an epithet, but it is an easy thing to see that these gentlemen would have all the power in their owne hands, for if everything should be granted them that they ask in their Petition and Memoriall, and what the Affidavits men would have or rather what they demand, H.M. would have but a mere skeleton of a Governmt. left, and hardly the power of a Doge of Genoa, and I think the question may be put to them as the wise King Solomon did to his mother, Why don't they ask the Kingdome or the Government also, that they make a Commonwealth of it, which I suppose is more their aime then of any great security to H.M. in times of Danger, by their being intrusted with the power of the Militia, which if they once had perhaps they would use it in the same manner as the Parliament did to King Charles I. They would insinuate as if I did these things to regaine the good will of the common people; I don't know that ever I lost it, nor of the best sort neither, except their small party, and how they came to have such a bad opinion of me now, when they had quite the contrary formerly, I can't tell except it were that I would not be guided and governed by them and turne Secretarys, Auditors, Collectors, Navall Officers and others out of their places, and put them and their friends in, and continue to be constantly makeing presents to them etc. and that I would not lett them doe what they pleased. As to the begetting in the common people jealousies and distrusts of those Gentlemen of the Councill, if I had a mind to it, I need not use many ways and means to effect it, for I think not only the common people but others know them now of late too well to trust them, and if there should be occasion either for raising voluntiers upon the occasion of an invasion or insurrection (which God forbid) these gentlemen would find very few to come into them, neither would the militia be very fond of serving under them, because they know their inability every way, as likewise their haughty carriage about these things. Concerning the militia, I most humbly refer myself to the severall letters which I have all along writ to your Lordship, as likewise to the Journalls of the Councill, which I hope will contradict what Mr. Blair hath made so long a charge against me in the latter end of his first affidavit concerning arbitrary designs; his insinuations about Cromwell, but more particularly that rebell Bacon. I think he ought to have the same treatment from your Lordships as the Asiatick philosopher had, who made a long oration about warr and soldiery in the presence of Hanniball. Mr. Blair's notions in that affaire are as chymericall as his insinuations are false. May be it is as his countryman Dr. Bill, who came over with him, says, that he believes he is hypocondriack, and may be of late he has imbibed some of the principles of the Fifth Monarchy men, and so fancyed that I was going to sett up one. If I was apprehensive that your Lordships did in the least believe me to be guilty of what Mr. Blair endeavours to insinuate and charge me with, as if I was going to levy warr against her most sacred Majesty, it would trouble me much more than all the rest of the Memorialls, affidavitts etc., for that would be such a peice of horrid and foolish villany in the highest degree, that I think no punishment and death would be too cruell for me. If the Devill had gott so much power over me as to entertaine the thoughts and designes of doing such a thing, I believe that I should not have accomplished it, by reason that I should not have been able to gett any of the inhabitants in these parts to have joyned with me; but he hath forgott to have sworne that I had lately found out a country from whence I might bring an army of Pigmies, instead of one of Pilgrims, but he might chance to have given a wrong description of their leader as Oates did to Don John. I think Mr. Blair hath equalled, if not outdone, his countryman Furguson by being dissatisfied with every Governmt., and that he hath also outdone Oates, Young, and Fuller, and may be few men in his ecclesiastick station as Commissary hath acted more arbitrarily, illegally and uncannonically, especially in the tryall of one Collier. As for his actions concerning the College I thinke he hath behaved himself in most respects very strangly, especially by doing little or nothing for his 150l. a year. As for the affaire of the militia, and endeavouring to sett up for myself, I shall endeavour (God willing) particularly to answer Mr. Blair's affidavit, and if any solemn vows and protestations that I am capable of makeing (and I thank God that such things never entred into my thoughts, much less were any of my actions towards it) could satisfye your Lordships that what Mr. Blair hath charged me with was not true, I could most safely do it, but it may be justly replyed upon me, that all I could, not only say, but swear on that subject ought not to be in the least credited, because if I were a traitour (I think one of the worst characters in the world) I would not stick at forswearing myself, which I hope in God I never have or shall do, or that it will be legally proved that ever I was or designed to a Rebell. Signed, Fr. Nicholson. P.S.—I transmitt a copy of a Commission which I gave to John Smith Esq., one of H.M. Honble. Council, which I think will be for H.M. interest and service, as likewise to make more such officers as Adjutant Generall, Muster Master Generall. (But maybe Mr. Blair will have new notions on this, and swear that I have actually began the Rebellion, which is as true as the other) and I am in hopes that what I have and intend to do in this affair will not be disapproved of by your Lordships, which will be a satisfaction to F.N. Endorsed, Recd. 2nd, Read May 31st, 1705. 5½ large pp. Enclosed,
915. i. Copy of a Commission to Col. John Smith to be Quarter Master General of all the Counties of Virginia between the Rivers of York and Rappahanock. June 24, 1704. Signed, Fr. Nicholson. 1 p. [C.O. 5, 1314. Nos. 40, 40.i.; and (without enclosure) 5, 1361. pp. 237–257.]
March 2.
Whitehall.
916. Council of Trade and Plantations to Mr. Secretary Hedges. In reply to letter of Feb. 21, enclose Report to be laid before H.M. Annexed,
916. i. Council of Trade and Plantations to the Queen. Tho' it do's in the generall very much contribute to the security of trade that all ships bound from the Plantations to England do sail with convoy according to your Majesty's Instructions, yet forasmuch as these two ships are designed for the coast of Guinea and from thence to Jamaica with negroes, which may likewise promote the trade with the Spaniards, so that the time of their arrivall at and departure from the Plantations cannot be so well ascertained as to depend upon convoys, and they being light saylors and of force, we have nothing to object why your Majesty may not grant your Orders to your Governors to permit them to sail without convoy for the present voyage to be performed within the space of 12 months. [C.O. 5, 1361. pp. 54–56.]
[March 2.] 917. Affidavit of James French, Master of the Mermaid, that he sailed from Guinea to Virginia, and on arriving found an embargo, and could not clear for England, though he might have had 15l. per tun freight for London, and although he had a letter of mart, so entered for ye Maderas in ballast, and by stress of weather was forced into Bristol. Feb. 26, 1704. Signed, James French. ¾ p. [C.O. 5, 1314. No. 41.]
[March 2.] 918. Similar affidavit of Roger Carnaby, Master of the Dolphin, as to his being detained in Virginia. Bristol, Feb. 26, 1704. Endorsed, Recd. Read March 2, 1704/5. 1 large p. [C.O. 5, 1314. No. 41(a).]
March 2.
[Whitehall.]
919. Council of Trade and Plantations to Mr. Secretary Hedges. Enclose extract of Governor Dudley's letter of Nov. 27, 1704, relating to Accadie and Canada. [C.O. 5, 911. p. 452; and (with enclosure) 42, 13. Nos. 6, 6.i.]
March 2.
Fleet Prison
920. Mr. Clifford to the Council of Trade and Plantations. Since Feb. 23 I have not heard anything from your Lordships or the merchants. Signed, Jer. Clifford. Enclosed,
920. i. Copy of letter of Feb. 23 from same to same. [C.O. 388, 75. Nos. 116, 116.i.; and 389, 36. p. 251.]
March 2.
Virginia.
921. Governor Nicholson to the Council of Trade and Plantations. It is a very great trouble to me that I should be taxed with misapplying H.M. Revenue here; but Mr. Auditor Bird being just dead before I received the Memorial and affidavits from your Lordships, incapacitates me at present from giving so full an answer about the revenue, as I could have done, if he had been alive; but I beg that an Instruction may be given to his successor to examine very nicely into that affair of which they accuse me. I have been so far from misapplying H.M. revenue, that I have done quite otherwise. Without reflection on my predecessors, I believe it will appear by the Journalls of the Councill from the very beginning, that I have had more audits in a year than any of them, and that I have (according to my bounden duty) used all lawfull ways and means for improving H.M. revenue in the several kinds thereof. I have had the very great honour to be Governour of this country for six years, and odd months, in which time, besides the annual salarys and contingent charges etc., there hath been paid out of H.M. revenue of 2s. per hogshead, 1,700 and odd pounds that was in arrears before I came, and about 400l. or 500l. of extraordinary charges that were not usual before and there is now in bank, (I thank God) of the 2s. per hogshead 1,946l. 2s. 6d. and of the quit-rents 5,752l. 7s. 4d., besides this year to come, tobacco being sold last October to be paid in April next, which I hope will nigh amount to almost as much as it did last year, tho' tobacco is now at a low price in the country. In most of my Predecessors' times, without the least reflection upon them, the revenue of the 2s. per hogshead and port duties etc. did not pay the annual salarys and contingent charges: to make good which there have been several thousand pounds transferred from the quitt-rents. But after all, if I was guilty of what they tax me with, I ought not to plead this in barr to such a peice of villany. I don't doubt but, God willing, when Mr. Auditor Bird's accompts come to be examined, to make it appear that the money which was paid for expresses to the Northward, was when there was an absolute necessity for doing of it, and not for holding a correspondence with Sir Th. Lawrence and Col. Quary. I have several times received from your Lordships pacquets for H.M. Governors of Maryland, New York and New England, which I had no other way of safe conveying but by expresses, and I have sometimes paid those that have brought me pacquetts, and letters from the Northward, that have come from England into some of those Governments, and when his late Majesty and her present Majesty's royall commands to me for the Assembly's assisting New Yorke (which I think all the six Memorial gentlemen opposed what in them lay) I then also thought that H.M. interest and service required my sending H.M. Governor of New Yorke by express an account of what was done. When Mr. Dionisius Wright went for England, I sent him to give your Lordships (if you thought convenient) an account of the above affairs etc., as I likewise did Mr. Secretary Jenings. But if your Lordships doth not think fitt to allow the 60l. to Mr. Dionisius Wright, nor the 100l. to Mr. Secretary Jennings, nor the mony which was paid for the several expresses to and from the Northward, and send an order that I should make good to H.M. revenue the said several summs, I shall obey. I am not any way directly nor indirectly a gainer by them, but it will be so much money paid by me for which I never had the least private advantage or service. I have laid out many a crown and pound that I might justly have charged to H.M. revenue. I have several times maintained expresses at my own house, and other times carried the Messengers, when they returned, along with me, and instead of sending expresses have given the answers myself to the Governors of Maryland and New York. But your Lordships having had all the Journalls of Councill, I hope it will appear by them that this affair of the revenue, hath not been so managed as they have represented, and I defy them to prove that either they jointly or singly, or Mr. Auditor Bird did either publickly or privately represent anything to me about the management of the revenue. Your Lordships know very well that the annual sallarys etc. amount to within 200l. or 300l. a year, of what the accounts come to; but being these Gentlemen say I have managed the revenue without their advice and consent, I hope they will not pretend to have any applause for the increase of H.M. revenues of severall sorts, so that affair I hope in some measure may be attributed to Mr. Auditor and myself. When I shall mention Records either against them or for my own justification, I suppose they will (as they have done already) endeavour to insinuate as if the Records were not true. This I take to be a thing of so extraordinary a nature, both in respect of H.M. interest and service and the country's, and the peace and satisfaction thereof, that I shall (God willing) most earnestly recommend to the Assembly, that they would examine the several records with the utmost dilligence and care, for if they should not be right I think most things would be wrong: but I thank God that I defy them to prove the Records by my orders, or I hope by the orders or negligence of any others, are falsified in any respect, and I hope they will not say, much less pretend to prove, that the Records which Mr. B. Harrison and Mr. R. Beverley made, and are under their own hands, are forged etc. In this case of the revenue, and indeed of most other of the accusations they have made against me, they have done it with a great deal of artfull trifling, malicious insinuations, and many notorious falsities, which I hope in God that now in part, and afterwards both by Records and living testimonys will appear to be so; but they have likewise done in this, as in most other of the accusations against me, observed to a tittle, the old Diabolical saying vizt. Fling dirt enough and some will stick. I must confess that what they have signed and sworne about the falsifying the Records, is one of the cunningest things they did, and maybe they were aware that the Records etc. would not only prove a great part of the Memorial and Affidavits to be false (to give them no other epithete) and so make them appear to be very strange sort of men, but likewise would clear and justify me.
The Bristoll fleet is arrived here within these few days, as likewise some ships from Leverpool, Biddiford etc., but that which is most wanted is the London fleet, for if they should not arrive here before the Fall, I suppose goods will be very much wanted, and it is like there will not then come ships enough to carry away both the crops of last year and this, and 'tis very probable that a great part of the tobacco, especially Aronoco, if left in the country will be spoil'd, or at least wasted in the weight. I most humbly propose that if the London fleet doth not come here before the next Fall or winter, that an account thereof may be sent hither so soon as possible with the reasons why they cannot come hither sooner, as whether it be caused by embargos, want of seamen, or that it is a contrivance of the merchants; for if they don't come there will be various accounts from England, and likewise Reports here concerning it, according to people's several interests, everybody depending upon the ships coming, especially the Londoners, makes them uneasie if they don't come in time to bring their goods etc. and carry out their tobacco on freight, or that purchasers come in for it. When there are ships and goods enough in the country, then it is very easy with them. They begin to talk of endeavouing to make linnen and woollen, as they did some time last warr, the reason is the low price of their tobacco and the want of ships and goods in the country, and here are some persons that take all these advantages, and endeavour to infuse strange notions in the people, but that none of these things may happen to the prejudice of H.M. revenue in general, or the interest of my mother country old England, are my prayers, wishes and hopes. Signed, Fr. Nicholson. P.S.—Refers to enclosures. Endorsed, Recd. Read May 2, 1705. 2 large pp. Enclosed,
921. i. Copy of Mr. Auditor Byrd's Will etc. July 8, 1700. 6 pp.
921. ii. Copies of Governor Nicholson's Proclamations. JuneDec., 1704.
(a) To enforce the Act for ascertaining the size of tobacco hhds, and the complying with Orders for escheat lands; ordering a return of glebe lands in accordance with the Act for the maintenance of the Clergy, and the Churchwardens to give an account whether their parishes have received any of the Great Bibles sent in by Sir Jeffery Jefferys; and the Vestrys to return their answer to the opinion of Sir Edwd. Northey concerning inductions. After Sept. 30 the private musters appointed for every three weeks are to cease. June 28, 1704.
(b) Proclamation declaring the Hon. Wm. Byrd President. Aug. 9, 1704.
(c) (d) Proclamations prorogueing the General Assembly to Nov. 16 and April 18.
(e) Proclamation for a Public Thanksgiving for the Duke of Marlborough's Victory. Dec. 15, 1704.
(f) Proclamation for publishing H.M. orders as to rates of foreign coins. Dec. 15, 1704.
(g) Proclamation on the death of Wm. Byrd, Auditor and Receiver General, appointing substitutes etc. Dec. 15, 1704.
(h) Proclamation publishing the Act of Parliament encreasing the proportion of foreign seamen allowed per vessel. Dec. 15, 1704. The whole endorsed, Recd. Read May 2, 1705. 8½ pp. [C.O. 5, 1314. Nos. 42, 42. i., ii.; and (without enclosures) 5, 1361. pp. 258–267; and (duplicates of No. ii.) 5, 1340. Nos. 6, 7.]
[March 2.] 922. The Four Suspended Councillors of Barbados to the Council of Trade and Plantations. Nov. 18, 1704. Barbadoes. The Addresses of the Council and Assembly and Grand Jury against us are of little weight, being signed by a small part only and those prejudiced against us by their interest or the Governor's influence. Governors can call whom they please on a Jury by appointing some one Justice of the Peace in each parish to summon six Freeholders to be of Jurys, except in such parrishes where a Councellor inhabits, and at this time there are but eight Councillors living in 4 parishes etc. Besides this, there was a very extraordinary course taken to model the last Grand Jury, ten of the Judges of the Court of Grand Sessions being taken of ye Bench to fill up whose names we have annexed, every one of which doth now hold some place, into which they have been put by our present Governor. To clear ourselves and make good our allegations, we humbly pray for a Commission or H.M. letter for examining and taking depositions of witnesses in Barbados. Signed, Geo. Lillington, Michaell Terrill, David Ramsay, Ben. Cryer. Endorsed, Recd. Read March 2, 1704/5. 1¾ closely written pp. [C.O. 28, 7. No. 88; and 29, 9. pp. 195–202.]
[March 2.] 923. Eleven Affidavits presented to the Council of Trade and Plantations by the Gentlemen who appear against Sir Beville in behalf of the Absenting Members of Assembly.
923. i. Affidavit of Francis White, late of Barbados. Gordon, the Sheriff, declared the election at St. Lucy's parish closed, Aug. 21 last, when Col. Maycock challenged the qualification of a voter, George Dowrich. Capt. Osbourn kept the guard out that day and prevented freeholders voting for Col. Maycock and Col. Terrill, whilst he permitted others of the same guard to vote for Lt. Col. Pickering and Major Lambert. Troubled at this interference with the freedom of elections and other grievances, many have left the Island, and others are preparing to do so. Signed, Fran. White. Endorsed, Recd. Read March 2, 1704/5. 1 p.
923. ii. Affidavit of J. Curll, late of Barbados. Confirms preceding. The Militia hath been commanded to doe duty upon the mountains etc., which hath very much fatigued the inhabitants, especially the poorer sort, who thereby have been exposed to great hardships, by the negroes robbing their Plantations etc. Many have complained that they were abused by their new officers for not voting as they would have them. Signed, Jno. Curll. 1 p.
923. iii. Affidavit of Thomas Maycock, late of Barbados. The Governor commanded the Militia on duty contrary to the Laws of the Island and without the consent of the Council, which occasioned the Assembly to address him for redress therein, after which he called together the Council and the Colonels for gaining their consent for proceeding on the said duty of guarding; he put several particular questions to them without allowing them the freedom of debate upon the whole, whereupon the Council did desire that the whole duty of the horseguards and about half the foot might be taken off. The Island being under no apprehension of danger from the enemy, when the Governor commanded the said unusual guarding, deponent believes the same was done on purpose to make way for a Bill then designed and which was brought into the Assembly for impowering the Governour to raise two Companies of Granadeers to keep guard in the fortifications under certaine allowances and pay, and deponent finding it was the opinion of the generallity that the Bill was not necessary, but would prove destructive to the Militia, and that by the large allowances of the Bill to be disposed off by the Governor he would be a gainer thereby at least 3,000l. and thereby be a means to evade H.M. Instructions, and fearing the ill consequences of the Bill in regard many of the Scotch servants were free and the service of others just expiring, and the Scotch interest being prevalent, and they chiefly forwarding this Bill, 'twas feared most of the said two Companies would be made up of Scotch men, and thereby all the fortifications be in their power, and wrested out of the hands of the Militia, he informed the Governor that the people were very much dissatisfyed with the Bill and desired he would discountenance it, which he refused. The Bill was on the third reading thrown out by a majority of the Assembly, which soe much disobliged the Governor that he declared to deponent that he would make them know that voted against the Bill that he had put them into Commission and would turn them out and put in others that would be more his friends, which he performed in a short time after, and put out many officers both civil and military that were believed to be of the same opinion, viz. 11 field officers and several captains and subaltern officers of the Militia and about 30 Justices of the Peace, and all this without the consent or approbation of H.M. Council, by which removal of so many good and ancient officers at once, the Island was in a confusion and consternation, and soon after there being an alarm upon the appearing of a fleet of ships then feared to be the enemy, the Militia appeared with their arms, but in several places there was no Commission Officer to command them. Deponent believes this change of officers was made purely to influence the passing of the said Bill, for soon afterwards the Bill with some small alterations and with the same advantages to the Governor was again brought in. Deponent believes Col. Robert Johnston, Col. James Colleton, Lt. Col. Robert Steward, Major John Sandford and some other new officers are unqualified by law, as not having a sufficient estate in land, and several of the rest are inexperienced and of mean capacities and substance in comparison to the old officers. 600l. was voted by the Assembly to the Governor. William Holder, the Speaker, acquainted the House that the Governour gave them thanks but could not receive it as then worded, for that it would too plainly appear to be a present, and that the Governor desired the Minits might be altered and no summe mentioned, that it might not appear to H.M. to be a present and that he might receive the money. A majority of the Assembly caused the minits to be altered, without any summe mentioned, but that the Treasurer reimburse the Governor's charges in sending vessels as spies and gaining intelligence of the enemy's designs and receiving flags of truce from Martinego and for defraying the charges of his servants and equipage, the rent of Buckworth's house, and his expenses till Pilgrim's be fitted up. H.E. spoke to Deponent, then one of the Assembly, and desired that such an entry might be made in the Minnits, that it might not appear to H.M. to be a present. After this was settled, Col. John Holder moved that 500l. be given the Governor to furnish his cellar with liquors. The House being divided in opinion, it was desired by several Members that the Question might be put whether any sum should be given and what sum, which was refused by the majority, and the Speaker was desired by John Holder and others to take notice how many was of opinion for 500l. and how many against. The Speaker declared the majority was for 500l., and Charles Thomas, Treasurer, was ordered to pay the said sum without any entry made of that sum, and the entrys were made in the Minits as Resolves, although no question put as aforesaid, contrary to the known rules and practices of Assemblys, upon which several members declared that if such irregular proceedings were suffered, it would be the ruin of the Island and of that Constitution, and that they could not join in suffering such proceedings. Some time after Col. John Holder and others moved the Assembly that about 5,000l. be raised to carry on the buildings at Pilgrim's, maintenance of the French prisoners and payment of the money advanced by the Treasurer, to which being answered that it was an unnecessary charge to expend so much of the country's money on those buildings which the country had no lease of, and that a much lesser sum was sufficient for the French prisoners, Col. Holder replied that they had given the Governor 1,100l. and that part of that fund was to pay him, otherwise it would look like tantalizing him to give him the said sums and not raise money to pay it, whereupon it was desired that since they would tax the people, it was proper to mention the uses in the Bill, and that the money given the Governor was one, which was refused by the majority, alledging that then it would appeare plainly to H.M. to be a present.
Several of the natives of Scotland are preferred to places of great trust and profit, viz. Robert Steward is Lt. Col. of the Guards, Register and Examiner of the Court of Chancery and Clerk of the Crown, and nevertheless is by the Governor suffered to plead and prosecute in the Court of Chancery and all other Courts, which is no small dissatisfaction to H.M. subjects; William Clealand, Member of Council, Col. of a Regiment and Governor of several forts; A. Skeene, Secretary; George Hay, Deputy Provost Marshall and Chief Engineer and Surveyor General of Fortifications; Alexander Burnett, Chief Clerk of one of the Courts of Common Pleas; Isaac Wood, Chief Marshall of the same Court; and — Thare, Clerk of the Council and one of the Masters in Chancery. And by reason of so many Scotchmen being in such places, this Deponent hath heard many of the English inhabitants express themselves to bee under dissatisfaction and fear of its becoming a Scotch Island. Whereas H.M. has given liberty to the Assembly to allow rent for a house for the Governor not exceeding 300l., Deponent has heard the Treasurer declare that the house now building hath already cost 4,000l., besides there is 120l. per annum paid for ground rent, and Deponent believes not less than 1,000l. more will finish the said buildings, the interest of which 5,000l., according as interest goes in Barbadoes being 10 per cent., being added makes 620l. per annum, besides the loss of the 5,000l. to the publick at the end of the lease.
Being informed that Nicholas Paston had petitioned the Governour against Col. John Holder, complaining of several cruelties and abuses done by him to the inhabitants and soldiers under his command, and several Gentlemen having desired this Deponent to go to the Governour and pray an Order on the said petition, or at least to know his pleasure therein, Deponent waited on H.E., explaining that the people alledged that one of the men under his command was murthered by Holder etc.; H.E. replied that he did not think fit to give an Order upon the petition, for that Holder had the greatest part of the Assembly in his interest, so that it might be against his own interest, else he would have heard the same. Confirms preceding. Deponent having resided in the Island above 30 years and served in several considerable posts, civil and military, never knew so great and general dissatisfaction and murmuring of the inhabitants, both rich and poor, as was when he left the Island in Sept. last. Signed, Tho. Maycock. 7 pp.
923. iv. Affidavit of W. Terrill, late of Barbados. Confirms preceding. Signed, William Terrill. 4 pp.
923. v. Affidavit of L. Row. Confirms No. 923. i. Signed, Lawrence Row. 2 pp.
923. vi. Affidavit of S. Martin, Commander of H.M.S. Blackwall. Robert Johnstowne, a friend of Governor Sir B. Granville, told him that he must make the Governor a present, if hee designed to bee easy, and that everybody did it. There being intelligence of some French Guinea ships bound to Martinique, Capt. Charles Thomas, Treasurer of the Island, after having been some time with the Governor came to Deponent and told him that he had obtained leave of the Governor for deponent to cruise in the latitude of Martinique for the said ships, but that if he took any of them, he was to give the Governor as a present 20 of the best negros he should take. The Governor told Deponent that if he had a third shipp of war there, he knew how to employ her to his own advantage. Capt. Trotter, H.M.S. Winchelsea, told deponent that hee had the Governour's leave to goe to Tobago, and that he would goe. On May 22 deponent received orders from the Governor to convoy a fleet, and on May 24 another order not to faile sailing the next day, and accordingly next day being under sail, came a third order not to sail till Tuesday next, upon which he came to anchor, but a great part of the fleet pursued their voyage without convoy and several of them were taken by the French. Signed, Sam. Martin. 1¾ pp.
923. vii. Affidavit of Capt. Edward St. Loe, H.M.S. Dolphin, as to the impressing of Francis Lee (see Nos. 591, 885). He asked Skeene whether the Governor knew about it as he was unwilling to carry any person off the Island without the Governor's knowledge, and Skeene replied that he did know. Since his coming to town, Wm. Cleland had desired him not to mention the Governor's name as being concerned in impressing Lee, and that in such case Deponent should be made as easy as could be etc. Signed, E. St. Loe. 2 pp.
923. viii. Affidavit of Guy Ball, late of Barbados, as to his paying 200l. to stop the fleet. [Duplicate of No. 657.] Copy. 1 p.
923. ix. Affidavit of William Bayley and Henry Keys, mariners, as to their having to pay for a licence to sail from Barbados. [Duplicate of No. 658.]
923. x. Affidavit of Guy Ball, that, under the Bill for the security of the Bays, Towns etc., the Governor might and would have got at least 3,000l. in one year over and above the charge of doing everything required to be done by the said Bill. Signed, Guy Ball. ¾ p.
923. xi. Affidavit of W. Heysham to same effect as preceding. Signed, William Heysham. ¾ p. [C.O. 28, 7. Nos. 89–99.]
March 3.
Virginia.
924. Governor Nicholson to the Council of Trade and Plantations. I have had the honour of receiving your Lordships' letters, of June 29, about intelligence and sinking letters etc. and I hope what I did in Council thereupon will not be disapproved by your Lordships, neither what is done about your Lordships' letter of the same date concerning coin etc. I don't hear that any alteration is yet made in the Countrey, but that money goes as it did, and with humble submission to your Lordps. I think it will be most for H.M. interest and service to take no further notice of it; but I suppose that when (please God) the Assembly meets in April, they will do something in it, but if H.M. revenue of 2s. per hhd. etc. and Quittrents, are to be taken in money, according to the severall rates in the proclamation, the revenues will be diminished a sixth part, and it will be a very difficult thing in this Country to comply with taking the severall species of mony at their several weights; because very few people know them; and it will also be found very difficult to have them weigh'd, there being no Towns nor Goldsmiths in ye Country where people might know the several species and have them weigh'd. It is here generally supposed that H.M. Proclamation doth not oblige people to take peices of eight at 6s., but only that they shal not exceed that rate; and that it is cheifly designed agt. the Northern Provinces where they raise their money to what value they please. If in this country they once come to make their bargains in money, as they do in the West Indies and to the Northward, wch. will oblige them to get as much as they can, it may be prejudicial to the consumption of the English commoditys as likewise to the Tobacco trade. In one of the principal stores in the country, wch. hath been kept about three years, they deale for nothing but money, and some Merchants and Factors have talk'd to me how prejudicial it is to them; for that they were obliged to let the Planters have a good deal of money in order to put off their goods etc., or else they would all have gone to the other store, which is owned to belong to Col. Ludwell, and Mr. Blair's brother, and it is supposed that Mr. Blair has a share in it now, or at least had when it was first set up. If the Planters can be furnished at such stores with money for their Tobacco, no doubt they will sell it to them in order to get money to pay the Quittrents, as likewise the Mrs. of ships, etc. for the duty of their Tobacco, and likewise to defray other necessary charges and expences. I have also received your Lordships' letter of July 13, and Aug. 24 and 25, and your Lordships may be pleased to see in the Journal of Councill what is done thereon. I have as yet no return concerning pitch and tarr, nor can expect any till the General Court or Assembly. H.M. commands in relation to H.M. and the Lord High Admiral's shares of prizes I have and shall (according to my duty) take care of, as likewise H.M. additional Instruction concerning the Acts of Trade etc., and when your Lordships are pleased to send the copies of the Commissions and Instructions about privateers the same shal be done by them. I transmitt several proceedings concerning the sloop Seaflower (a privatteer) one Captain Tongreton Commander, who was cast away on this coast in a storme last November. According to your Lordships' letter of Aug. 25, a solemn and publick day of thanksgiving hath been kept in this H.M. Colony and Dominion, and I send the copy of my Proclamation for it, and hope what I have done therein will not be disapproved of by your Lordships. I endeavoured to keep it with as much ceremony etc. as the Country and time of the year would admitt of. I kept it in the College for which I may chance to be accused by the titular President thereof, Blair, and all that he accuses me of concerning it (except what I will justify) I hope the Records thereof will make appear to be quite otherwise. I hop'd that I should have been able to have given your Lordps. a particular answer concerning the College etc., but that I could not have a General Meeting as your Lordships will see by the paper signed by the Rector and seven more of the Governors etc. I beg leave to observe to your Lordships how very loath any of these Sparks are to have the Records etc. produced for my justification etc., or to have anything come to a publick hearing in order to clear myself, as will appear by their proceedings at last Council Feb. 8, 9, and 10; for whatever they were before, I suppose they are now convinced that the Records and my Commission etc. will not only clear me, but make them appear to be a very strange sort of men. One instance of which I here presume to send, concerning Col. Lightfoot, and Coll. Carter, about the affair of John Lewis Esq. being sworne of the Council. Refers to enclosures. But these are but some of the characters they have in the country, only I was willing your Lordships might have a specimen of them. These gentlemen I think will stick at nothing to obtain their inveterate malice and revenge agt. me, and they have little or no regard either to what they sign or say, if they think it will any way tend to my prejudice, or vindicate or give a high character of themselves. When I show'd them H.M. Commission about appointing Councelors, they seem'd surprized at it, and I suppose thought that I was not to nominate any Councelor without their advice and consent, and I think Col. Carter said, that if a generall question had been ask'd them concerning the nomination of a Councelor, perhaps they might have named some other person, or words to that effect. I suppose if it was left to the Council to elect others, it would be managed after ye same way as they do the vestrys of this country, that is, when a family or a party are the major part, they still keep it up by electing who they think proper. I must here own and confess that I committed a very great error in recommending so many of a family to be of the Council: but I can safely swear it, if necessary, that I did it with no other design than that I thought it might be for the interest of the Crown of England, and likewise of the Country, and according to the saying, Mankind is subject to error, so I acknowledge it to be one of the weakest of them. If the two Collonels, Lightfoot and Carter, would but have given themselves the trouble of examining the Council Records which were in the same room (for the Clerk did but just turn himself about and reach'd the Book) they might have seen that what they have asserted was otherwise: but I suppose they had concerted that affair of opposing what in them lay Mr. Lewis's being sworne of the Council, not that they had anything to object against him, for that question was put to them, but to have gain'd the point of being Electors, and thereby have got in one that might have made their party always the major part, so that they might either have obliged the Governor to have done what they pleased, or to have hindered all business, or else to have complained agt. him. Col. Carter's affirming that Col. Wormeley told him, after October General Court, 1698, about his being sent for to be made a Councelor, when it appears by the Council Books that he was dead July 8 before, is very strange; and may be if a Grub Street writer had but an account of it, we might have a Ballad of Col. Wormeley's appearing and discoursing with him alone three moneths after he was dead. By these gentlemen's actions in this affair I hope it will appear to your Lordships how little credit is to be given to the Petition and Memorial they have signed, which I hope to prove by Records they have as foully mistaken (to give it no worse an epithete) and that in most of the Articles thereof. Col. Dudley Diggs told me that he would write to Sir Jeffrey Jeffreys, and desire him to wait upon your Lordships concerning his being of the Council. I find by him that being he was only left out of the Council by reason that the Instructions were filled up before Sir Edmund Andros's account of his being appointed went home, and not for any misdemeanour of his, he hopes he may be restored into that station in the Council, wherein he was before; which if not approved of, I find he is not willing to be sworne, and this is the true reason, and not that he is unwilling to be one, during my Government. I hear from England that 'tis reported there that some of the Council had desired their Correspondents to get them their Quietus: I suppose those gentlemen may be Col. Harrison, his son-in-law, Col. Ludwell and may be Col. Carter, but I question whether his Honr. Col. Lightfoot will desire it. I suppose the true reasons they would be left out of the Council for are because they cannot be absolute Lords there, and that they did not get me turn'd out of the Government upon their Memorial etc. and that they are asham'd to appear in Council, Assembly or Generall Court; for in all these places are Records that will prove to the contrary of what they have accused me of etc.; but if this should be granted them, I believe that neither H.M. interest and service, nor that of the Country will suffer much for want of their advice and assistance, neither that they will be able to make any more disturbance or disquietness in the country, but rather otherwise, for then they will want their darling power, by which they endeavour to do it. I have an account that Col. William Basset is one that hath desired to lay down, if so, I'm heartily sorry for it, for I should not do him justice if I did not give this testimony of him, that he is a good and honest gentleman in all respects, both in relation to H.M. interest and service and likewise the country's, and that particularly in this affair concerning myself it appears to me that he hath acted like a gentleman and a man of honour, tho' I am made sensible both by himself and others, that he hath mett with but indifferent sort of usage from some of his Lady's relations. I had some difficulty in getting him to consent to be of the Council, but he made me promise him that whenever I left the Government I would endeavour to get him his Quietus. Col. Diggs likewise told me that he would give Sir Jeffrey Jeffreys an account with orders to communicate it to your Lordships, what discourse Mr. Benjamin Harrison had with him after that his father-in-law, Major Burwell, had marryed Mr. Secretary Cole's widow (in the time of Sir Edmund Andros's Government), who was motherin-law to Col. Diggs's Lady. I think it was to this effect, to perswade Col. Diggs, now they were related and a numerous family, to joine with them, and they would carry everything. Another thing was of young Col. Ludwell's talking with him, I think about the memorial they signed, and would have endeavored to have got him to have sign'd it too, and I heard they endeavoured to have got Col. Byrd and Col. Jennings to have done the same, and I suppose that they used all ways and means possible to have perswaded them and others also either to have signed that memorial or some other papers agt. me, and no doubt they have taken the same methods to get people now to sign papers or make affidavits agt. me; which if they have done and lay them before your Lordps., I hope that your Lordps. will not give entire credit to them, and that I may have ye same justice concerning them as her most Sacred Majesty hath been graciously pleased to allow me about the other. I am sensible that they have been endeavouring what in them lay to accomplish these things; but by what lawfull authority they can goe about to get people to sign papers or to make affidavits concerning me, I must confess I am ignorant of. With humble submission to your Lordps. I think that I offerred them very fair about taking depositions etc. and I am in hopes that what I have done therein your Lordps. may please to see in the Journal of the Council and will not be dissatisfied therewith. The methods that they proposed I think will appear to be very extraordinary: but I suppose that in that as well as a great many other things they servilely took the same methods as old Ludwell and parson Fouace did in their answer to Mr. Thraile etc., but no doubt the rest of the Affidavit sparks help'd to contrive that answer etc. When I had read the proposal they made after they named the Commissioners, I think I told them that they need not have named so many, for it plainly appeared they intended to make use of but one or two of the sd. Gentlemen, (and may be they would not have found above that number that would have complyed with their designs), because they desired that power might be given to them to take the Affidavit of any person, tho' living in another county; upon which they seem'd to be concerned, I suppose because I had hitt upon their design, and then they went about drawing their explanatory answer, wch. I think they were about an hour in drawing, and Col. Ludwell took upon him to be the scribe; before they had finished it, they made a great many alterations, and I found that at first they could hardly agree on any answer, or the propositions made by them at that meeting of the Council, and your Lordps. may observe that Col. Harrison did not sign the other three Gentlemen's proposition, but made one of his own: and I fancy that if ever they came to be examin'd apart concerning the petition and Memorial they will not agree, as likewise what they have jointly done since. I was told by one of the Gentlemen of the Council, that discoursing among themselves they seem'd not to agree about the several articles charged against me in the Memoriall, and I conjecture that they did not sign that Memorial which Mr. Blair presented, but rather that every one signed a particular grievance, and so might impower him to draw up a general one. Your Lordps. may see that they refused to swear to the Memorial, and by what I could observe by them, they will not each of them pretend to make out the several articles of the said Memorial, but would pretend to do it separately. If they all signed that Memorial in this Countrey, I humbly conceive that every one of them stands accountable for making of it all out, which if they will not pretend to do, then I hope little or no credit will be given to it; nay rather none at all, except they will swear to it. If they all signed the Memorial here, or Mr. Blair did it for them in England, I suppose it might be to make it as an act of the major part of the Council (whereof three was Col. Harrison and his two sons-in-law Blair and Ludwell) or of the Council in Assembly, or of the General Court, but how this can be a legal act in any of their capacitys, or at least a justifyable one, I confess I don't apprehend; but I can, the very ill consequences that may follow if such things are allowed of. The proposition that I made to the Memorial gentlemen in the countrey that if the [y] would make me any reasonable satisfaction I would forgive them, they have been so far from accepting, or making the least step that way, that they have done quite otherwise; and I was told by one of the Gentlemen of the Council that at the last meeting when the Journals of Council were read over, when that part came to be read, they scoffed and disdainfully laught at it, and I heare that they have lately had a great Matchicomico (as we call it in this country, that is an Indian Meeting) at Major Burwell's, where they were close for two or three days, two or three clerks awriting, besides their cheif scribe Ben. Harrison. I do expect that they have not only endeavored to clear themselves in what they have done, but likewise make new accusations etc. agt. me: But my humble request to your Lordps. is, that I may have the same Justice in relation to them as I have beg'd before. Mr. Harrison the two sessions of Assembly wherein he has been a Burgess accused me of most of the things in the Memorial etc., and by what I have heard all of them used what interest, power and authority they had to have got the Assembly to have been of their minds: but I thank God they failed and I hope they will still; for they had not above 11 or 12 that were not agt. them, and some of those Gentlemen I suppose will hardly be perswaded to joine with them in any Address or Remonstrance against me, of that number there were the two Harrisons and their brother-in-law Edwards, and a kinsman; but I have show'd no resentment agt. those that they led astray. I hear they have likewise reported in England that if I continued Governor, a great many of the principle inhabitants would leave the Country, but this I fancy will be as untrue as some of the other assertions: but I find if anybody leave the country let it be on what account soever they will insinuate as if it was to avoid my arbitrary etc. Government, and if they arrive in England, then that they are providentially there. I confess that had not these Sparks sworn so throughly agt. me, and that so palpably against Records, and what they must needs know themselves to be false, I should not have admired at that assertion; I don't in the least pretend to be a casuist; but I don't see how it can be said that they were providentially (according to the usual acceptation of the word) in London, except it be that by Providence they were alive, and not cutt off by the hand of Justice, or at least at liberty. For it can be proved that Mr. Fouace had talked of going for England a year or two before he did; he was commonly sick once a year in the seasoning time, and then I suppose the fear of death made him talk always of going for England; but that Frenchman's affidavit, I shall, God willing, answer, as likewise give a true character of the Spark and not by hearsay, or a notional one. Wallace went as chaplain to H.M.S. Southampton, and he got leave of his parish to go for Europe upon his saying that he received a letter from Scotland that either his Father or Mother, (or both of them) could not dy till they had seen him; that Spark's affidavit I shall likewise (God willing) endeavour to answer, as likewise give him a character that same way: but with humble submission I think his behaviour since he came in, hath been very extraordinary, and that he hath made a very ill use of your Lordps.' letter of Aug. 17, and my Lord Bishop of London's letters to me in his behalf, the whole proceedings your Lordps. will see in the Journal of the Council; he was one at the meeting at Major Burwell's, the rest were the Cols. Lightfoot, Carter and Ludwell, and Capt. Berkley, but whether he join'd with them or not, I can't tell; For what is done concerning him on your Lordps.' letter of Aug. 17, I refer your Lordships to the Journal of Council; and if Major Burwell doth join with them, I hope little or no credit will be given to either of these Gentlemen; for I think I have enough to make them both appear very strange sort of men, and surely they have no reason now to endeavour my ruine etc. for the first hath got the gentlewoman, and they may both be at quiet, if they please. I think, while I courted Major Burwell's daughter, I did not put him to 5l. charge, but one way or other it hath cost me as many hundreds: his eldest son Mr. Nathaniel went for England in the last fleet and may be the Affidavit Sparks have endeavored to draw him in, or at least will say that he was forced to fly from my Fury etc., if his Father would have taken my advice and let him have gone for England two or three years agoe, it would have been much better for him, and it would have remedied a misfortune that hath since happened to him. There went also in the last Fleet one Pratt, a Caledonian and great man with them, he hath of late set up for a sort of a Factor-merchant, but his ill character is sufficiently known in this country, and he is supposed to have had a hand in murdering two persons, one whereof was lately. What Mr. Robert Beverley lately went to England for, your Lordps. know very well, and some part of his character your Lordps. have seen by what I sent your Lordps. last October, and his affidavit I shal (God willing) also answer. Capt. Moody went for England with his ship by order of H.R.H., and his affidavit I shal also (God willing) endeavor to answer. What a very ill character he had here, and how he acted will appear by the grievance of Elizabeth City County, and the depositions taken thereupon, as likewise those taken about his strange actions at York: and how he behaved himself the latter part of his time here your Lordps. have had an account, both by the Journals of Council and what I presumed to write to your Lordps. As for Esq. Luke, he pretends to have got leave (according to his desire) from the Commissioners of the Customes, for his going for England, and I have already writ your Lordps. something about him: but I shal endeavor, God willing, to answer his diminutive Affidavit. The rest of the gentlemen and people of this country, could not foresee that the Gentlemen, who signed the Petition and Memorial, would have asserted, as they have done, that the better part of H.M. good and loyal subjects of this Colony were of the same sentiments with them, and that the turning me out would be to the unspeakable satisfaction of all H.M. subjects of this Colony; if they had, I suppose they would have declared against it, nor will they be of the opinion that the Council's Memorial is of such validity as to require no further proof besides their own representation as being the major part of the Council; which if it should be allowed of, I suppose they would think themselves in the most unhappy circumstances as ever Englishmen were, that half a dozen men should take upon them in so solemn a manner to petition her most sacred Majesty, and likewise sign a Memorial, and bring them in as partys, and may be they will have ye same sentiments of Col. Ludwell, senior, and Mr. Fouace their reply, wherein they so barbarously and basely reflect on all the country, but their own little factious party, by insinuating that they had rather bear ill usage so long as it was any way tollerable than seek to have redress of their complaints, and that they insinuate if I am not turned out of my Government, that they could not undertake to describe the effects of such a despair; and they would likewise insinuate as if that which bears up their spirits under all their heavy customs on their commoditys and restraints in point of trade, is that they have the happiness of enjoying the English laws and Constitutions etc. And further to illustrate this after their own way, they say, "if I be suffered to break in upon them in this tender point, and to treat them with the arbitrariness of France, and the insolence of Morrocco etc., it is not to be imagined how it will go down with Englishmen etc., for the least that could be expected is that men of substance, if they found no redress would remove themselves and their effects out of the Colony to any other part of the world where they may enjoy peace and quietness." With humble submission I think this is a much higher reflection upon the laws of my native country, old England, than upon me, for I had no active hand in the making any of those laws. I cannot in the least find that the people are in any sort of despair, or that they think themselves so treated, for no doubt, if they had, the Assembly would have done by me, as they did by one of my predecessors, against whom this same Ludwell exhibited complaints to his late Majesty King James; and this the Assembly did in his reign before they heard anything of the Revolution, and the Governor they so attacked was a nobleman of one of the greatest familys in England, and a Peer of the Realm, and surely if they in such circumstances complained against their Governor, they would much more do so now if they had just occasion. And both the Memorial gentlemen and some of these Affidavit-men do affirm that I had disobliged the country by having frequent Assemblys, and exasperated them by my treatment etc., and if so 'tis strange that they would be so far from complaining that they have been pleased to do otherwise by their Addresses. The people have opportunities according to the laws and customes of the country, before every Sessions of Assembly, to make their grievances and propositions, and I defy them to prove that ever there was one grievance made directly against me by the generality of the Countys. There was never but twice that there was a sort of grievance or proposition concerning what I had done about probates, and the exercising of the Militia, and those were not from above two or three Countys. That concerning the Militia I made an answer to the Assembly which your Lordps. have received; And as for the affair of the Probates etc. I think it will appear by the Records that all the parts of it are false except my not signing of them as I did; but I hope (God willing) to set that affair in a true light, as likewise that of the other accusations. I find that by the course of their Memorial and affidavits, that when there was such a thing in nature, then they have charged me with maladministration of it, and endeavoured to turn it their own way, and that with all the artifice imaginable; for I think it plainly appears by the stile and method of them, that one man (I suppose Mr. Blair) was the contriver, but in his further affidavit, I think he has outdone himself by endeavouring to sett off his matter of fact with all the tropes, figures and flowers of his rhetorick, by doing of which God Almighty has been pleased so to order it (for which I hope I shall ever be thankfull) that instead of making matter of fact, as it ought to be, plain and natural, both the unfairness and contradiction in a great part of that affidavit is made more perspicuous, the several paragraphs contradicting one another, nay in ye two last the same paragraph contradicts itself. I find that he hath not only sworne through deal boards and brick walls, but even to my very thoughts and imaginations. This Col. Ludwell is so well known to be of a factious, turbulent and unquiet temper in all Governments, that I hope little or no credit will be given to him, and may be it is his fate to dy as he hath lived, and if his son the young Coll. survives him, he will be old Col. Ludwell, especially if he continues to be under the tutorage of his two brothers-in-law, Blair and Harrison. That I have treated the Gentlemen and others of the country with the arbitrariness of France and insolence of Morocco, I am ignorant of; but may be Fouace hath in some measure done it in this country, as I suppose will be made appear, and how he comes to stile himself so aptly an Englishman, I can't tell; for sure it is none of his Mother-Country. About men of substance removing etc. I have endeavoured to answer before; but how they will contrive to remove their effects out of the country, I suppose is more than he and all the rest of the politicians can invent a way to do, if any number should leave the country; but I find if any of them doth it, they don't care into what part of the world it be, if they can but have peace and quietness; which I think plainly insinuates as if they did not design to remove to old England, for they have reflected upon the laws etc. thereof. They may for ought I see to ye contrary even remove into France, and who knows but that Fouace is a making his peace with old French Monaroh by reconciling himself to him, tho' not with the heads, yet with the persons and estates of these men; but if they should desire to go to my old Master the Emperor of Morrocco's country, there I'l endeavour to recommend them, and give them some general directions how they may behave themselves, either by turning Moors or Jews; by the first to enjoy the liberties and priviledges of that country, wch. may suite with some of their tempers; but those that are covetous and would be rich (but withal little better than slaves) must turn Jews; and may be, if Blair and Fouace went thither, they would quarrell which should be the cheif Favorite in that Court, as likewise who should get ye most money, and it is no matter by what ways and means. These two Sparks I think have offered to your Lordps. a proposition that sutes very well with the arbitrariness of France and the insolence of Morocco, viz. "that if your Lordps. are already satisfyed with the proofs laid before you being by attestation of the major part of the Council, and affirmative affidavits of persons providentially here in town, wch. can never be invalidated by any future negative ones," for this would be a way that all persons that were accused either by attestation or evidences (which how they came to be providentially in town I have already endeavoured to answer) tho' it were for high treason, yet they must be condemned unheard, and all Defendants would have the same fate; sure these Sparks know none of the laws of England, especially those made of late in favour of the subject, wch. are so far from having them condemned without being heard, that they have Council allowed them, and if they had but read severall trials and cases, they might have found that the partys, who have been sworne against, have not only been acquitted, but the evidences agt. them have been prosecuted for perjury, and that done by command from the King to his Attorney General; and I suppose, if they consult the Gentlemen of the long Robe, they can tell them, that there are severe Laws agt. defaming and slandering of any person, either by writing or speaking, but I think they are in the right when they say that the way they before offered would save abundance of time, charge, trouble and danger, wch. would ensue upon delays, wch. no doubt they were too sensible would happen to them when any answer shall be made by me to their Memorial and Affidavits. But I find that they can't long stick to truth and avoid their reflections; for they insinuate as if there was a great deal more proof to be had in Virginia, if a way could be found to take it impartially; but then these cautious men, or rather calumniators, represent to your Lordps. "that the influence of a Governor, while in ye actual possession, or administration of his Government, will be so great both on Judges and witnesses etc. partly by the multitude of places etc. if they favour him in the trial etc." To which I humbly offer that their insinuation about having more prooff, I hope will prove otherwise; and in the other part they most highly reflected on the rest of the Gentlemen and people of the Country; but I suppose according to the English saying, they measure other people's corn by their bushell, by thinking that they would be partial witnesses like themselves, and if these Gentlemen were judges, they would be ye same. As for their insinuation of my influence by reason of multitude of places etc. I can safely swear it, that both the times that I have been Governor here, as likewise in Maryland, (in wch. time I confess I have had the disposal of a great many offices and imployments and some of them considerable ones) I always gave them to people that I thought were loyal and well qualifyed to execute them, but I confess that when my friends were so qualifyed, I gave to them before others, (wch. I hope was no crime in me) but I never directly nor indirectly had one penny for giving them, nor had any allowance from them, or part of their sallarys and perquisites, and never expected or had from them on any accot. whatsoever any impartial justice or favours. Mr. Blair I hear has endeavored to make great use of a letter wch. I writt to Mr. Micajah Perry giving him orders to pay money etc. I have now sent Mr. Perry I think a copy of that letter, for I keep copys of all the letters I write, and if your Lordps. have a mind to see any letters that I have written to Mr. Perry, if he makes any scruple of showing them, I will (if your Lordps. command me) send you the copys of them, and not only of that, but any other, and I heartily wish that your Lordps. would have been pleased to have sent me what Mr. Blair gave to your Lordps. on that subject. I suppose he would insinuate as if I had or design'd to bribe several Gentlemen in the offices etc. I can safely swear it, that tho' I have had the good fortune and honor to have several imployments in my life time, yet I neither directly nor indirectly gave one farthing for obtaining them, or afterwards to any person whatsoever for keeping of them, or for endeavouring to conceal any accusation etc. agt. me, or not to discover or make publick any ill thing that I had done. I hope that my paying the necessary[s] fees, and endeavouring to gratify those that have sollicited the dispatch of my Commission, Instructions etc. after they were granted, will not be accounted Bribery, nor that it is not Lawfull for me to desire and imploy persons to be aiding and assisting to make my defence, when I am likely to be, or am accused. I have now given Sir Thomas Frankland Bart. a genll. letter of credit on Mr. Perry; for I have desired him to employ who he thinks proper, in order to my justification before your Lordps., and if you please to see that, I hope he will shew it your Lordps., as likewise how he disposes of the money he makes use of on that letter. I hear they brag that they have a Bank to manage this affair agt. me etc., and therefore I hope your Lordps. will be pleased, if you think proper, to know the truth thereof, for I hope they will not be ashamed to own what they do in it, but may be if Mr. Blair hath the disposal of it, he will make such accot. to them as he did to the Assembly and me, and expect a reward besides if he accomplishes the business. I am very willing that Mr. Perry should shew you all my accots., and your Lordps. might see by them that Mr. Blair had of him when he first went for England 460l. of my money, which I lent him to manage the affair of the College, the Country repaid me 360l. without any interest or gratification. And in all Mr. Blair's accot. which he made up with the Country (copies whereof I send to Sir T. Frankland as likewise several other things if your Lordps. have a mind to see them) it will appear that there are several articles of gratuitys given at the several offices and to several persons, wch. I now question whether he gave all that money, and if he did, may be it will not be accounted Bribery because it was given by himself; and the articles he charges for himself were always thought very extravagant and ridiculous, but yet the Country allowed them, and gave him 250l. besides, and may be, had it not been out of respect to me, the Assembly would not have done so. When he was in England before this I gave him a general letter of credit on Mr. Perry, and I hope your Lordps. will call for a copy of it, and that Mr. Perry will deliver it, upon which letter of credit he had 400 and odd pounds. The copy of his accot. to me I send Sir Thomas, in which there are some articles charged given to officers etc., and I also now question whether he really paid all that money. One article he charges me 200l. for his being in England, and I have been told that besides all this he expected I should have given him at least 500l., for he pretended he had got me so much by getting my Commission, but especially my Instructions dispatched; he never told me that he expected 500l., but he told me that when he went for Scotland he left the affairs of my Commission to the management of his Brother Harrison, but when he return'd back, he found he had done little or nothing in it, tho' I find by my account that Mr. Harrison had 160 odd pounds for getting the Commission etc. past, but that he never gave any particular account how he disposed of it. Mr. Blair told me that my Instructions were drawn for H.M. to sign, who was then in Flanders, upon which he acquainted Mr. Secretary Vernon with it, that it would be a great delay etc. to have them sent over; upon which Mr. Secretary Vernon very readily went with him to his office, and ordered them immediately to be transcribed for their Excellencys the Lord Justices signing. This I suppose Mr. Secretary Vernon did, not out of any particular respect for him, for he had not known him long, but for H.M. service; he did insinuate that if this had not been done, I should not have had the Instructions in some moneths, and so could not have taken possession of this Government, by doing of which sooner, I got 500l., it might have been so, if I had had any profitt by the Government of Maryland after I had this, of which I had none; for your Lordps. know that the sallary there depends upon the annual shipping etc. I find Mr. Blair from the very first thought that I had not been kind enough to him, wch. I thought I had, and even in that affair about the Commission etc., if which and the Instructions were not sooner dispatched, I think it was his fault (but he served me in that as he did when he was in England before, that is, minded his own business and neglected mine) for after his Majesty had been pleased to nominate me to be Governor, he went for Scotland where I hear he brag'd of his having turn'd out Sir Edmund and put me in; and then he gave me the character of one of the best men and Governors in the world. But I suppose he had no mind my Instructions should be dispatch'd till he had made that Triumphal Journey, and I suppose the cheif reason why he pressed the dispatch of them at his return was because the ships were then dispatching to come hither, so that he might bring them, without which may be he would not have ventured to have come. Nay, I question if the Governor had not been changed, whether he would ever have returned. But for the procuring of my Commission and Instructions, and dispatch thereof, I did and do still look upon myself to be highly obliged to your Lordps., tho' he and Ben Harrison have had ye vanity to say that it was through their means and interest that I got the Governmt., and that Sir Edmd. was turned out. Nay, Mr. Blair says, I ow the Government of Maryland to him, and they gave it out before Blair went, and after he was gone, that they would turn me out of the Government. I have desired Col. Blakiston to give your Lordps. an account what discourse Mr. Blair and others had with him in this Country about their designs of turning me out, and proferring to get the Government for him; and I hope he will please to do it. Mr. Blair and his little Faction now set up to have the power and interest of turning out and putting in Governors, and affect the title that the great Earl of Warwick had. I suppose that the Country will think themselves very unfortunate when it shall be in the power of him and his Scotch Faction, or in two or three familys; nay even in almost half the Country to turn out and put in Governors; this is a notion that the people generally have, (and first divulged by themselves) for that would be as it were entailing the Government upon a certain faction etc., which I think would be dangerous to the interest and service of the Crown of England as likewise of this Country; for I suppose if anything could exasperate them, it would be to find themselves under the power, Dominion or Government of a party of their own country: for this generation knows too well from whence they came, and the ordinary sort of Planters that have land of their own, tho' not much, look upon themselves to be as good as the best of them; for he knows, at least has heard, from whence these mighty Dons derive their originals, either as from themselves or at farthest their fathers, but very few their Grandfathers; and that he or his ancestors were their equals if not superiours; and that their getting such estates and places of honour is more by accident than any extraordinary honesty or ability in them. Your Lordps. may see by Mr. Perry's accot. that I have got no great estate by these Governments; but I thank God for what I have, and I am contented, and I hope, as it is honestly got, it will (tho' but in an ordinary capacity) last me my life. Mr. Blair in his affidavit says that he heard me say, (upon an occasion of a report that my Lord Portmore had an offer of the Government of Virginia) that "such reports did highly touch the peace of this H.M. Government"; and at another time he heard me say in Council "I would spend the last penny of my estate and the last drop of my blood before I lost the Government." I think what I said concerning my Lord Portmore etc. was justifyable, whether I [said] the words that Mr. Blair swears I can't tell, but they had industriously spread it in the Country that a Scotch nobleman was to come Governor etc. The last part he would insinuate as if said upon ye report of the Lord Portmore's coming, and that I would not surrender the Government: but these are like the rest of his untrue insinuations etc. I own that I have several times used that expression, and with submission I think I might lawfully and honestly say so then, and now too; for I found that they endeavoured by all ways and means possible to get me turn'd out of the Government, and that it should be by their false and malicious insinuations of my mal-administration, on which account I was not conscious that I had deserved to lose the Government, and that wch. induced me to believe so was because your Lordps. had all along been pleased to approve of my actions, wherefore I did think myself obliged by all the Laws of God, nature and man to endeavour by all lawfull ways and means to clear myself of what they had or should lay to my charge, as also to vindicate my honesty, honour and reputation, and if absolutely necessary so to do, to spend ye last penny of my estate, and ye last drop of my blood, for I value these above my estate and equal to my Life. In the aforementioned paragraph of their Reply, they further insinuate that Judges and witnesses must expect certain ruin if they did otherwise than favour me, and I lived to outweather the storme, and keep the Government, and that there's little hope of having any fair examination that way unless the administration of the Government in the meantime be taken out of my hands, and I myself called home to answer. The last I take to be (as wee call it) the burden of their song, for that's what they would have. That of my ruining people or intending to do so, I find has been a mighty Topick with them, and they have made use of it on all occasions; but I defy them legally to prove any one instance thereof. But some of them know by experience that I have been very instrumental both in their getting their estates and preferments, as likewise several other of their relations and friends; but all these things are forgot, and they have made my accot. all on the Debtor's side, but I will endeayour not only to give myself Credit, but to make them the Debtors, but may be these Sparks have been Huskanar'd, wch. is a way the Indians always used when the young men were initiated into their manhood; they were kept in dark swamps in the woods and there physick'd and disciplin'd and underwent [these] severitys, wch. I suppose was to prepare them to endure tortures and hardships; and after they came out, they would not own that they had seen or been acquainted with anybody, tho' they had before been never so familiar with them and obliged by them, and when the English ask'd them about it, and seem'd much amazed at it, the answer they made was that they had been Huskanar'd, and so had forgot everything. I suppose it might be that they were to forget all childish actions etc.; they have a way among the Moors in Barbary, that till their youth come to a certain age they hardly so much as wear a cap, much less a Turbant, and so are look'd upon as not qualifyed for any imployment etc. till they have [? put on] their cap or turbant etc. I am now beholden to these Sparks for owning that they either had a design agt. my life, or that [they] hoped I should not live, and that they have own'd they had raised a storme agt. me, or rather a hurricane. Sure they h'an't been in Lapland, and there bought this storme etc.; but if they have, they may chance to have the same ill luck with it as I have heard of some people that have bought winds and tyed them up in handkerchers or napkins, and thought themselves so safe and sure that when they have as it were providentially got into their port or harbour no negative storms or winds could invalidate those that brought them thither, yet presuming too much upon their own security, have by letting loose the other winds etc. been forced out of harbour etc. Their insinuation about not having fair examinations is like their others, as likewise those in the last paragraph that I am a furious and revengefull man, and threaten the ruin of all etc., and that I would have no mercy etc. agt. those witnesses that shal appear agt. me. This concerning myself I have endeavoured to answer before; but to close up their Reply, they positively affirm that the witnesses will ly under the fatal necessity either of venturing their utter ruine by telling the truth, or of forfeiting their honour and good conscience by concealing it; which I think doth clearly demonstrate what a most damnable and malitious character they would fix upon the people of this Country. I hope in God that all or most of these accusations and characters will appear to be quite otherwise, when the people in their several publick capacitys do meet; And one instance thereof I hope will give your Lordps. satisfaction, vizt. the Remonstrance of the Revd. Clergy of this Colony etc. Your Lordps. will find that four of the gentlemen that sign'd the Address to H.M. did not sign the rest, vizt. Mr. John Monro (who married Mr. Blair's sister), Mr. George Robertson, who is their countryman, and likewise Mr. John Shropshire, but there are several of the clergy that are both Scotch and French that have signed. I writt to the rest to be there (except Mr. Andrews who lives on the Eastern shore, and could not conveniently come) but Mr. James Clark who was not then well and lives in Glocester, signed them afterwards as I suppose the rest will doe, vizt. Mr. Peter Kippax, Mr. Smith and Mr. Brichen, but I am not certain whether Mr. Anderson will or not, he, Mr. Kippax and Mr. Smith made excuse as being sick. And I herewith also humbly transmit to your Lordps. two of Sir E. Northey's Reports etc. I think it would be most for H.M. interest and service, and likewise that of ye Country, that this business be made as publick as possible and the evidences taken in the Generall Court, where all partys may ask what questions they please etc., or that H.M. would order both the Memorial Gentlemen and the Affidavit Sparks with myself to appear before H.M., and give security to abide what H.M. shall be graciously pleased to determine, but whether her most sacred Majesty be pleased to order it to be done either these ways or any other, I shall (as in the highest duty and gratitude bound) obey H.M. royal commands therein. Signed, Fr. Nicholson. Endorsed, Recd. 2nd, Read May 31st, 1705. 11 large closely written pp. Enclosed,
924. i. Remonstrance from the Clergy of Virginia to the Council of Trade and Plantations. We deny that the country is disturbed or dissatisfied with Governor Nicholson, and disclaim Mr. Blair's complaints etc. Signed, Jacob Ware, Edward Portlock, Guy Smith, Soloman Whately, Ralph Bowker, Richard Squire, Wm. Rudd, John Carnegie, James Burtell, Emmanuel Jones, Thomas Sharpe, And. Monro, Dan. Taylor, Philippe de Richebourg (Manikan Town), Owen Jones, Tho. Edwards. James Boisseau, Lewis Latane, Bartho. Yates, Sam. Gray, Arthur Tillyard, Wm. Williams, Ja. Clack, Peter Wagener, Isaac Grace. Endorsed, Recd. May 2, 1703. 2 large pp.
924. ii. Copies of Addresses from the Clergy of Virginia to the Queen upon the late Victory; to the Archbishop of Canterbury and the Bishop of London; and to Governor Nicholson, in his favour. Signed as preceding, with additional names to the Address to H.M.:—Geo. Robertson, Jno. Monro, Ja. Wallace and St. John Shropshire. Endorsed as preceding. 4 pp.
924. iii. (a) Copies of two Reports from Sir E. Northey, April 7, 1702, and July 29, 1703, relating to the Clergy of Virginia. 6 pp.
(b) Memorandum by Governor Nicholson. Mr. Blair in his affidavit charges me with having totally neglected inductions of ministers, whereas I have used all the lawful ways and means for having them inducted etc. He was made President of the College upon my getting the Assembly to name him, for which he hath had 1,432l. 10s. and may be hath not done 200l. worth of service or good to it. I believe he and his family turned my enemies because I would not turn out the Secretary and Auditor and put his relations in etc. etc. Refers to Mr. Luke and Robert Beverley etc. Since I was about 11 I have served for my bread, and I have got it not only by the sweat of my brow, but of my whole body, beside the labour of my mind. … The Memorial and Affidavit are part false, part scandalous and part malitious.—Mr. Blair and others have forgot to give me credit for the money etc. they have had of me. I hear his own brother said that his memory failed him about what he swore concerning his scholars barring out etc., and his countryman, Dr. Bill, whom he brought over with him, says he is Hypercondroicall, fancies strange things about being in fear of his life. In his funeral oration on King William he reflected upon King Charles II and especially on King James. Upon which Mr. Alexander Walker, a minister now in England and one of his associates, left the College Hall. [In his oration] he did me great honour in bringing me among crowned heads, but I suppose it was with this design (for there never was a greater concourse of people at one time, may be, seen in Virginia) to make them out of love with Crowned heads and their Governors, especially being King William was dead. When I taxed him about it two or three days afterwards, he writt that he would justify it and send a copy to the Archbishop of Canterbury and the Bishop of London etc. I should be very glad to find that he hath sent a true copy, so that it might be seen he had the assurance to reflect upon what I had ordered to be put upon the Capitole, which was done in cutt bricks, and first showed on the day that I proclaimed her Majesty; at top there was cut the Sun, Moon and the planet Jupiter, and underneath Her Majesty Queen Anne Her Royall Capitoll. He said that in Chelsea College it was mentioned that it was begun in King Charles II's time, continued in King James's and finished in King William's; in whose time there was nothing of the Capitoll done but the foundation; he taxed me with flattery, that I did it to make my Court to H.M., as if I had never done it before, but I put him in mind that he knew to the contrary. (Refers to his Instructions to Blair in 1691 and 1697.) I have often heard him speak against the Act of 7 and 8 William III. concerning the Plantation trade, wch. in these parts commonly goes by the name of the Scotch Act, as that "when such Acts were made, there was no regard had to equity, but that interest and partiality," or words to that effect, "were commonly the causes." Signed, Fr. Nicholson. Endorsed, Recd. May 2, 1705. 6 pp.
924. iv. Certificate of the Rector and 7 of the Trustees and Governors of William and Mary College as to Gov. Nicholson presenting papers etc. to justify himself from the charges against him relating to the College. Feb. 23, 1704(5). Signed, Miles Cary, Rector, Wm. Randolph, Ar. Allen, Tho. Barbar, Dudley Diggs, Guy Smith, Cler., Peter Beverley, Wm. Buckner. Endorsed as preceding. 1 p.
924. v. Copy of Minutes of Council of Virginia, 1691, 1696, 1699, 1704, relating to Col. Lightfoot and Col. Carter and their asserting things found otherwise by the Journal of Council etc. Endorsed as preceding. 6½ pp.
924. vi. Transcript of Letters, Orders of Council etc. relating to Capt. Matthew Teate, H.M.S. Strombolo, and of Commissions for holding Courts of Admiralty and proceedings thereof on the condemnation of several prize goods, taken from the Queen's enemies the Seaflower, privateer of Road Island, and cast away on the coast of Virginia, Nov. 25, 1704. Dec. 1704—Feb. 1704(5). 22 large pp. [C.O. 5, 1314. Nos. 43, 43.i.–vi; and (without enclosures) 5, 1361. pp. 269–328.]
March 5. 925. J. Barnard to the Council of Trade and Plantations. The Agent of the four suspended Councillors of Barbados explains that he was not able to obtain a copy of the Order of Council made upon their petition, and therefore could not be ready for the hearing appointed this evening at the Board. Signed, Jno. Barnard. Endorsed, Recd. Read March 5, 1704/5. 1 p. [C.O. 28, 7. No. 100; and 29, 9. pp. 203–206.]
March 5. 926. T. Edwards to [? Mr. Secretary Hedges]. If Mr. Skene is removed from the Secretaryship of Barbados, "I cannot dissemble the ambition I have to supply that office," having acted as his Deputy for some years, etc. Signed, Tho. Edwards. 1½ pp. [C.O. 28, 38. No. 36.]
March 5. 927. S. Lovell to [? Sir Charles Hedges]. Prays that his son Major Lovell may stay in Jamaica when his regiment is relieved, he being a very good lawyer and having the Duke of Marlborough's leave to practise there. Signed, S. Lovell. 1 p. [C.O. 137, 45. No. 62.]