America and West Indies
June 1707, 21-30

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Institute of Historical Research

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Cecil Headlam (editor)

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1916

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480-493

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'America and West Indies: June 1707, 21-30', Calendar of State Papers Colonial, America and West Indies, Volume 23: 1706-1708 (1916), pp. 480-493. URL: http://www.british-history.ac.uk/report.aspx?compid=73744 Date accessed: 25 July 2014.


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Contents

June 1707, 21-30

June 21.
Windsor.
999. H.M. warrant appointing Samuel Beresford, Rector of St. Michael's parish in Barbados, to be of the Council. Countersigned, Sunderland. [C.O. 5, 210. p. 35.]
June 23.
Windsor.
1000. Order of Queen in Council. Referring following to the Council of Trade and Plantations for their report. Signed, John Povey. Endorsed, Recd. Read July 8, 1707. 1 p. Enclosed,
1000. i. Thomas Barrow to the Queen. Petitioner was Resident in Jamaica about 25 years, and (altho wholly deprived of his sight) served as Attorney Generall in the time of three Governors till, without any fault of his own, displaced by Governor Handasyd, at his first entrance upon the Government. In May, 1703, petitioner with leave of the Governor and Assembly removed himself and his family into other of H.M. Dominions in America, and returned to Jamaica in December last, but the said Governor hath without cause denyed petitioner to practice as an Attorney at Law in the Courts of that Island, and refused to admitt petitioner to his speech, or to hear his case, tho he hath endeavoured it by letter, petition, intercession of the Cheif Justice and other Justices, etc. there; whereby petitioner was deprived of the means of maintaining himself and family, etc. Prays to be restored to the free exercise of his profession. Copy. 2¼ pp. [C.O. 137, 7. Nos. 52. 52.i.; and 138, 12. pp. 116–120.]
June 23.
Windsor.
1001. Order of Queen in Council. Appointing Col. Daniel Smith Lt. Governor upon the first vacancy in the Leeward Islands. Signed, John Povey. Endorsed, Recd. Read July 7, 1707. 1½ pp. [C.O. 152, 7. No. 14; and 153, 10. pp. 34, 35.]
June 23.
Windsor.
1002. Order of Queen in Council. Appointing Col. Lambert Lt. Governor of St. Kitts. and Col. Hamilton Lt. Governor of Nevis. Governor Parke is to be informed as to the reasons that have induced H.M. to approve of his proceeding therein. It is H.M. pleasure that by some entry in the Councill Books there, or otherwise, such publick testimony thereof may remain as may be a means to prevent its being drawn into a president for the future. Signed and endorsed as preceding. 2 pp. [C.O. 152, 7. No. 15; and 153, 10. pp. 35–37.]
June 23.
Windsor.
1003. Order of Queen in Council. Referring following petition to the Council of Trade and Plantations for their report. Signed, John Povey. Endorsed, Recd. Read May 19, 1708. 1 p. Enclosed,
1003. i. Mr. Broughton to the Queen. Governor Lord Cornbury refuses to admit petitioner to his office of Attorney General. No misdemeanour is alledged against him, etc. Signed, Sampson Broughton. 1 p.
1003. ii. Minutes of Council of New York, Aug. 22, 1706. The Court being so near at hand H.E. defers granting a Patent to Mr. Broughton till the Court is over, that the present Attorney General may proceed therein. Endorsed as preceding. Copy. 1 p.
1003. iii. Minutes of Council of New York, June 15/26, 1707. Mr. Broughton's petition ordered to lie upon the table, H.E. expecting an answer from the Lords of Trade and Secretary of State etc. Endorsed as preceding. 1 p. [C.O. 5, 1049. Nos. 51, 51.i., 52, 53; and (without enclosures ii., iii.) 5, 1121. pp. 127–129.]
[June 24.]1004. (1) List of grants of land by Col. Fletcher, late Governor of New York, 1693–1697. 2½ pp.
(2) List of papers relating to preceding. Enumerated, B. of T. Journal, June 24. ¾ p.
(3) Reply of John Champante, Agent of New York, to the Memorial of John Montagu touching some Acts passed in 1698 for vacating grants etc. Signed, J. Champante. Endorsed, Recd. Oct. 26, 1700, Read June 24, 1707. 13 pp.
(4) Objections to the Solicitor General's Report upon the Acts for vacating grants etc. Signed and endorsed as preceding. 2¼ pp.
(5) Allegations which should have been introduced in the above Report. Endorsed as preceding. 1¾ pp. [C.O. 5, 1049. Nos. 34–38; and 5, 1121. pp. 50–77.]
June 25.
Jamaica.
1005. Governor Handasyd to the Council of Trade and Plantations. Since my last arrived here on June 22 Capt. Wager with 7 of H.M. ships of war, as is likewise a privateer from the Spanish coast, who gives an account that he looked into Carthagene, where the galleons lye, and that 5 of them had their sails bent ready to sail, but that the other 9 do not seem to make any preparations for sailing this season; he also says that he understood by some Spanish prisoners, that these galleons, that are ready, are to go to the River of Plato near Brazill, where they are to stay for a convoy, but whether of French or Spaniards, he could not tell. I cannot understand that here are any French men of war in these parts yet. Signed, Tho. Handasyd. Endorsed, Recd. Sept. 19, Read Oct. 28, 1707. Addressed. Sealed. 1 p. [C.O. 137, 7. No. 62; and 138, 12. p. 158.]
June 26.
Whitehall.
1006. Council of Trade and Plantations to Governor Crowe. Since our letter of May 9 (duplicate enclosed) we have received one from Coll. Sharp March 24. The Cartel he has settled with Martinico may be of good service, if under that pretence the French flags of truce be not permitted too often to come to Barbadoes, more to get intelligence of the state of that Island, and our other Plantations, or to carry on an illegal trade, as they have formerly done. This therefore will lye upon you to prevent as much as possible, and we doubt not of your care herein. We are very much surprized to perceive that the Assembly have, notwithstanding H.M. orders to the contrary, and the recommendations from the President and Councill, endeavoured to continue the Paper Act (repealed by H.M.) till May next, but we are willing to beleive that by your prudent management and impartial administration of affairs, they will be made sensible of their error in this particular, and no longer insist upon the passing of an Act so prejudicial to the Island. And we cannot omit upon this occasion commending the President and Councill's rejecting the said Act, when sent up to them, which we desire you to acquaint them with. Mr. Beresford has been by H.M. appointed a Member of the Councill, and the order for his admission to that Board will be sent you. H.M. having referred to us the Petitions of Coll. Cleland, Coll. Colleton and Coll. Holder, and of Mr. Sandforth and Mr. Dorn, we have heard Councill as well for the petitioner as for the defendants, and have represented the matter as it appeared to us, which representations are now lying before H.M. for her determination thereupon. Having had occasion to consult Sir E. Northey, H.M. late Attorney General, in relation to probate of wills at New York, we send you a copy of the said report here enclosed, which may be a guide to you in like occasions. There being no accounts of the Revenue of Barbadoes in this office, we must in a particular manner remind you of that clause in your Instructions, requiring you to send us transcripts of the said accounts. And it being very much for H.M. service that we have the same, we are obliged to require you to send us exact copies of the receipts and payments of each particular branch of the Revenue, from Dec., 1698, with yours and the Councill's observations thereupon; As also that you inform us which of the said accounts have been audited, and which not. And herein you are to take care that the same be done from time to time in as full and effectual a manner as by the said Instructions you are required to do. The Acts that we received with the foresaid letter from the President will be taken into consideration at the first opportunity. Upon occasion of Laws we think ourselvs obliged to give you the following directions to be observed upon all future occasions. That in no Act whatever any clause be inserted which contains matter foreign to the purport of the said Act. That no perpetual clause be made part of any temporary Law. That no Act whatever be suspended, altered, revived, confirmed or repealed by general words, but that the title and date of such Act, so suspended, altered, revived, confirmed or repealed, be particularly mentioned and express'd. That in the transmitting of every Act, mention be made of the respective times when the same pass'd the Assembly and the Councill, and received your assent, or the assent of the Governour or Commander in Cheif for the time being. That upon every Act so transmitted you be as particular as may be in your observations upon each Act, whether the same is introductive of a new Law, declaratory of a former Law, or does repeal a Law in being; and that you mention the reasons for the passing such Law, unless the same do fully appear in the preamble of the said Act. That no private Act be passed in which there is not a saving to ye right of the Crown, bodies politick or corporate, and all other persons, except such as are mentioned in the Act etc. And we must desire you will be very punctual in having the above directions fully complyed with, that we may be the better able to lay such Laws before H.M. with our opinion thereupon. [C.O. 29, 11. pp. 65–69.]
June 26.1007. Council of Trade and Plantations to Governor Handasyd. we have received yours of Aprill 21. As to what you write about the two prizes brought into Jamaica, we have transmitted the same to the Commissioners for Prizes here for their information, and upon this occasion we must take note that you ought not only to have writ to them yourself (and indeed) to all other offices with whom you may have to doe, but also to have given us an account of your so doing. H.M. has been pleased to constitute Mr. Ascough and Mr. Stewart Members of H.M. Councill of Jamaica, and we doubt not but the orders for their admission have been or will be taken out by their friends and sent you. As to the want of recruits, and the hardships your Regiment lies under in relation to their pay, we have discoursed Capt. Gardner thereupon who has informed us that having laid what relates to the pay of the Regiment before my Lord Treasurer, his Lordship had referred the same to the Comptrollers of the Army, and that their report is now before his Lordship for his determination thereupon; that he had also acquainted Mr. St. Johns with your desire of having the recruits draughted out of other Regiments here, but that Mr. St. Johns told him it was not to be done, and that the said recruits must be raised as well as he could, whereupon the Captains of the Regiment that were in town went down into the several counties to endeavour to raise men if possible, but that they had little hopes of doing the same. This matter we laid before H.M. etc. See Feb. 19 and May 7. Capt. Gardner has since informed us that there are 56 men raised and sent to Plymouth in order to be embarked. Having discoursed with the merchants in relation to what you write us, upon the want of woollen and other manufactures for the better carrying on of the Spanish trade, and having received a Memoriall from them, complaining of the hardships they layd under in respect of convoys, we represented the same to H.M. and send you a copy of our Report for your information. Directions as to probate, Minutes of Council, and Accounts, as above. The Minutes and Journals that we have received from you are very imperfect and writ on small paper in single sheets and not fit to be bound up together, and therefore we expect that you transmit to us perfect copies of the said Minutes and Journals for four years backward on large paper all of the same size, as also the accounts of the Revenue from Sept. 29, 1704, having received none from you since that time, which you ought not to have omitted. We have laid before H.M. the Acts past at Jamaica 1704–1706. Quote from Representation of June 9 as to Act to enable Cary Bodle, etc. We observe that the Assembly have complyed with H.M. Order in lowering the duty upon bottle ale etc., but have raised the duty on beer, ale, etc. in casks from 4s. to 20s. per tunn, which we look upon as too great a burden on liquors imported from England, and for this reason cannot offer it to H.M. for her royal confirmation. As to the rest of the Acts, when H.M. pleasure shall be signified thereupon, we shall not fail of giving you notice thereof. Upon this occasion of the laws, we have taken notice of several other imperfections, and therefore we think ourselves obliged to give you the following directions etc. as above. Having received in your last packet several letters directed to other persons who have no relation to our Office, which is a great and unnecessary charge to us, we must again remind you of what was writ you Dec. 13, 1706, upon that subject, that for the future no letters may be enclosed under our cover, but what are for us. [C.O. 138, 12. pp. 109–116.]
June 26.
Whitehall.
1008. Council of Trade and Plantations to Lt. Governor Bennett. Since our letter to you of May 9, a duplicate whereof is here inclosed, we have seen yours of Feb. 27 to our Secretary. As to what you write about your method of lending the Queen's powder, we think you ought to be very carefull that the powder returned be good; for that used by merchant ships is not so good as that sent from H.M. No letters were writ to you from this Board between May 31 and Aug. 30, 1706, so that there is no letter wanting but our foresaid letter of May 9. We are in expectation of the letter you promise us in your own vindication, and you ought upon all occasions to give us perfect accounts of all transactions in your Government. Repeat Instructions, as No. 1006, as to Probate, Laws, Minutes of Council, and Accounts. We have received none of the said papers from you, and therefore expect that you send us the same since your Government of those Islands, otherwise wee shall think ourselves obliged to make complaint of any neglect therein to H.M. We find that the 24th Aug., 1704, a letter was writ you and Mr. Solicitor General's opinion sent you upon the 4 Acts therein mentioned, which you were to endeavour to get rectified accordingly, but we do not perceive that you have returned any answer to that part of the said letter, which therefore we shall expect. [C.O. 38, 6. pp. 291–295.]
June 26.
Whitehall.
1009. Council of Trade and Plantations to Governor Parke. Acknowledge letter of March 29. We are glad that your apprehensions of the French were over; however we think it absolutely necessary, and desire you therefore to recommend it accordingly that the inhabitants, when the crop is over, do apply themselves to the fortifying of Monk Hill, and that they make the said fortification as regular as they can; which being so much for their own interest and so necessary for their own preservation and security in case of any further attempt from the enemy, we will not doubt of their compliance herein. What was writ to you about enclosing private letters under the cover of the Board, had no particular regard to yourself, but was grounded upon the practice of other Governors, and was onely given as a general direction to all. H.M. determination upon what you writ in relation to the Regiment, has not yet been signified unto us. The doubt that you mention the Lawyers had whether the first Act for regulating Courts was in force, is not well grounded; for it is an adjudged case (Lord Cook's 2nd Institutes etc.) that when an Act of repeal is repealed, the first Act which was repealed is revived: this we thought fit to take notice of for your future direction. We desire and expect as what is absolutely necessary for H.M. service that the Journals of Council and Assembly for the time which you have promised us, as likewise those for the time to come, be sent to us with all convenient dispatch. There being no account of the Revenue of the Leeward Islands in this office, we must in a particular manner remind you of that clause in your Instructions requiring you to send us transcripts thereof, and it being very much for H.M. service that we have the same, we are obliged to require you to send us exact copies of the receipts and payments of each particular branch of the Revenue from Dec., 1698, with yours and the Council's observations thereupon. And also that you inform us which of the said accounts have been audited, and which not: And herein you are to take care that the same be done from time to time in as full and effectual manner as by the said Instructions you are required to do. We are likewise to require you to send us the Naval Officers' List of ships entred and cleared in your Government, with an account of their ladings, according to the scheme at the end of your Instructions relating to the Acts of Trade. Tho the value of the old Seal were not considerable. you ought however to have been more carefull of it, it being to be laid before H.M. in Councill, and therefore if you recover any of the pieces, we desire you to send us the same. We doubt not H.M. Orders, confirming Lt. Governors Hamilton and Lambert, will be sent you. We are glad that the Queen's bounty ship is arrived, and approve of your distributing the provisions between the inhabitants of Nevis and St. Christophers. H.M. has been pleased to appoint Messrs. Bellman, Broadbelt and Millikin to be of the Council of Nevis. We enclose H.M. Order, April 17, relating to Capt. Pogson. Directions as to probate and laws as No. 1006. We must again remind you of your Instructions (which H.M. service will not allow to be dispensed with) which is that you send us as soon as may be a compleat and perfect collections of all the laws in force in each respective Island under your Governmt. etc. [C.O. 153, 10. pp. 20–27.]
June 26.
Virginia.
1010. Col. Jenings to the Council of Trade and Plantations. Since our letter of Oct. 26, we have neither received any commands from your Lordships, nor had anything to communicate worth your Lordps.' notice; and are sorry for this occasion of acquainting your Lordships that about five weeks agoe a ship arrived here belonging to Bristoll, the Master whereof brought an account that he, with five more vessells, viz., one of Plymouth, one of Lime, one of Whitehaven, and two of New England were taken about six leagues off our Capes by a French privateer of 18 guns, who ransom'd this ship and another, and carried the other four away, not being able to man any more. There is too much reason to believe that ye success of this privateer will encourage others to visite us more frequently; nor is it difficult for one or two privateers to intercept all the trade coming in or going out of the Capes without convoy. It is too probable that the loss H.M. may sustain in her Customs, besides that of her subjects, for want of a guardship here, may far overballance the charge of keeping one: and I humbly beg leave likewise to observe how easy a matter it is for a privateer, when he shal understand that there is no man of war in the Country, to come within the Capes and plunder the inhabitants, whereas the very name of a Guardship, tho of no very great force, would prevent such bold attempts. From all which I hope your Lordships will be fully satisfyed of the necessity of having a man of war constantly attending here, and humbly pray your Lordships' favour in obtaining one to be sent hither with directions at seasonable opportunitys to cruise some leagues off the Capes. This request of H.M. Council here, they humbly submitt to your Lordships' consideration, etc. Your Lordships would have received, by this opportunity, the Council Journals, tho there is not anything material in them for your Lordps.' observation; but this going by a single ship, and being informed that two men of war may be daily expected, I shal forbear troubling your Lordships any further now, expecting then to have a more safe and ready conveyance. Col. Lightfoot, one of H.M. Council, being lately dead, pursuant to H.M. directions, John Lewis, Esq. hath been this day sworn of the Council. This H.M. Colony is in perfect quiet. Signed, E. Jenings. Endorsed, Recd. 22nd, Read Aug. 27, 1707. 1½ pp. Enclosed,
1010. i. List of Councillors in Virginia, June 27, 1707. 1 p. [C.O. 5, 1315. Nos. 69, 69.i.; and (without enclosure) 5, 1362. pp. 257–259.]
June 26.
Virginia.
1011. Same to the Earl of Sunderland. Duplicates of preceding. [C.O. 5, 1341. Nos. 8, 8.i.]
[June 27.]1012. L. Crabb to the Council of Trade and Plantations. Memorial as to his proposal for sending 4 men of war to the Leeward Islands. (See B. of T. Journal, June 27.) Signed, Law. Crabb. Endorsed, Recd. Read June 27, 1707. 1 p. [C.O. 152, 7. No. 12.]
June 27.1013. Virginia Merchants to the Council of Trade and Plantations. There is now at Spithead 15 or 20 saile bound to Lisbon, and there is now going to Lisbon to carry horses 10 or 15 more, which last are to be at Portsmouth by Aug. 2. All which ships upon their discharge are bound to Virginia. Propose that they should have a convoy to Lisbon and thence to Virginia. Signed, Arthur Bailey, Micajah Perry, Will. Phipard, John Hyde, John Goodwin. Endorsed, Recd. Read June 27, 1707. 1 p. [C.O. 5, 1315. No. 63; and 5, 1362. p. 237.]
June 27.1014. Mr. Bailey to W. Popple, jr. In explanation of preceding. The ships carrying horses are to have convoy to Portugal and no further. It is requested that a convoy may proceed with them from Lisbon to Virginia. Signed, Arthur Bailey. Endorsed, Recd. Read June 30, 1707. Addressed. 1 p. [C.O. 5, 1315. No. 64; and 5, 1362. pp. 237, 238].
June 27.
Whitehall.
1015. Council of Trade and Plantations to the Earl of Sunderland. Enclose following to be laid before H.M.
1015. i. Council of Trade and Plantations to the Queen. We humbly lay before your Majesty such of the Acts of Bermuda, 1690–1704, as have not yet been approved or disallowed by your Majesty, or have not expired. (a) Acts that need not either be confirmed or repealed by your Majesty at present, but may be left as Probationary Laws, viz. (1) An Act for vacating the indefinite Acts made in 1690. This Act sets forth, that none of the Acts past at the last Assembly being extant upon record nor any authentick copies of them remaining; nor any of them being transmitted to England; wherefore to avoid disputes that may hereafter arise in case any of those Acts be found, it repeals all the said Acts. As this Act stands, it has sufficiently provided for the want of the said Records, but should this Law be approved by your Majesty, it would effectually set aside such Laws as may be fit for confirmation in case they should ever be found; and therefore leaving it as probationary, it may be repealed at any time when your Majesty shall think fit. (2) An Act laying an imposition on all Jews and reputed Jews trading in these Islands. This Act passed 12 years ago, and tho there has been no complaints, nor has Mr. Sollicitor General any objection against it, it will be however in your Majesty's power, by leaving it as probationary, to repeal it, if just cause should be at any time hereafter offered. (3) An Act for punishing of officers and soldiers under pay that shall mutiny or desert. We have no objection to this Law, which is to continue only during the war with France, but to one Clause whereby a power is given to the Court-Martial to discharge and cashier any officer from the further exercise of his office, who shall give or procure to be given any false or untrue certificate whereby to excuse any soldier or soldiers for their absence from any muster upon a pretence of sickness or other cause, or shall be guilty of any false muster; or who, having received the soldiers' pay, shall refuse to pay their Non-commission officers and soldiers their respective pay when due. The Court-Martial, before whom the said offences are to be tryed, is to consist of 9 persons, which number is to be made up out of the Commission Officers of the said Company and Militia there; whereby it may so happen that the majority of such Court-Martial may consist of the said Militia Officers: and therefore, tho it may be reasonable that power of suspension, till your Majesty's further pleasure be known, should be given in such cases, yet we humbly submit it to your Majesty whether it may be fitting to subject your Majesty's Commission Officers to be broke and cashered by a Court Martial so constituted. (b) We humbly lay before your Majesty for your disallowance and repeal (1) An Act for trying any debt or difference not exceeding 20s. by the Justice of the Peace. (2) An Act for the recovery of debts from persons insolvent. (3) An Act for quieting men's estates etc. (4) An Act for the alteration and amendment of several Acts. Quote objections of the Solicitor General to these Acts. [C.S.P. 1703. No. 1356.] Besides which, in the last Act we find the power of appointing especial Courts is taken from the Governor, which ought not to be allowed. (5) An Act for the restraining and punishing privateers and pirates. An Act of Parliament having past in England, for regulating the tryals of pirates in the Plantations and your Majesty having issued Commissions under the Great Seale of England to the respective Governors and others therein mentioned pursuant to the said Act, we humbly conceive that there is no need of this Act past in Bermuda, and therefore humbly offer that the said Act and the 4 foregoing Acts, for the reasons above mentioned, may receive your Majesty's disallowance. (c) Lastly, we humbly lay before your Majesty an Act to regulate the Militia, against which we have no objection but to one Clause, which enacts that if any of the officers or soldiers shall, when out of arms, endeavour to take revenge of his superior Officer for anything done by him in pursuance of his duty, the said persons shal be punished by a Court Martial, as if the offence had been done in time of service; provided the punishment do not extend to life or limb. But there is a like Law in force in Jamaica, and therefore we submit it to your Majesty whether such a Law may not be equally as necessary in Bermuda as in Jamaica. (d) Offer 24 Acts for confirmation. [C.O. 38, 6. pp. 296–312.]
June 28.
Philadelphia.
1016. Col. Quary to the Council of Trade and Plantations. I have omitted no opportunity of paying my duty to your Lordshipps; my last was of Aprill 10, by a ship from Maryland, in which I gave a brief account of the severall neighbouring Governmts., but more particularly the confusion and distraction of Mr. Penn's two Governments, that of Pennsylvania and the other of the three Lower Countys, wch. the Lieut. Govr., without any orders or Instructions (that ever I could learn) hath made a distinct Governmt. of it, hath called Assemblys, made laws, levi'd taxes, and under pretence of something he calls a ffort, they have laid an imposition on all ships or vessells that pass up or down the River, to force them to pay powder mony at a very extravagant rate, for a ship of 200 tunns amounts to neare 15l. in money, the merchants and inhabitants of Pennsylva. are inflamed at this law, and refuse to submit to it, the Lieut. Govr. and Assembly of the Lower Countys resolve to stand by their law, so that the two Governmts. are in a state of warr, the ffort fireing guns wth. ball at all ships that will not submit too and pay the powder-mony, the Masters of the vessells are ordered not to submit or pay, but if the great gunns miss of doing execution, then they mann boats from the town of Newcastle and board the vessells, and take the Masters out of them, and carry them to goal, they have pursued vessells which passt by the ffort and have seized them in the Governmt. of the Jersys, even while H.E. my Ld. Cornbury was there, but his Lordship quickly interposed, and the vessell and prisoners taken within his Government was discharged, it is impossible for me to represent the confusion that is between these two Governmts. on this occasion, Mr. Penn's authority fighting against himself. But now I must lay the schene in Mr. Penn's own Province, and then the warr is as hott, and I fear of a worse consequence then between the two Governmts., for here is the Assembly against Mr. Penn and his Deputy, and they against them, the Deputy Governor hath strangely incens'd and disoblig'd all sorts of people, on the other hand the Assembly do carry their resentment agt. him and the Proprietor to that height that they are resolv'd to have all the Governmt. and powers into their own hands, they insist to have the sole regulation of all Courts, and the nomination of all officers, to sett when, and as often and as long as they please on their own adjournments, they have fill'd a volume with votes and resolves, and what they call their rights and priviledges, so that they have banish'd all Prerogative and Governmt. but what is lodg'd in the Assembly. I should quite tyre your Lordships should I pretend to tell you the tenth of their folly and extravagancy, wch. may sufficiently convince all men that the Quaker's principles is not consistent with Governmt. I ought not to call it principles, but rather temper and humor, wch. will oppose all Governmt. and submitt to none but what is lodg'd in their own hands. I did not think fitt to trouble your Lordships with a long history of these confusions, by reason I have dayly expected to have heard that Mr. Penn hath already surrendred up the Governmt. to the Queen, or at least that it is done by some other persons, for whenever the Government is in the Crown, all these confusions will be at an end, provided the Quakers are excluded from having the administration of the Governmt. in their hands, and now, that this great truth may more plainly appeare to your Lordships, I begg leave to shew of how pernitious a consequence the infectious humour, temper and evill principles of the Quakers are of, in relation to Governmt.; give me leave to mind your Lordships of that dareing insolent Act passed by the Assembly of Pennsylvania, which directly strook at the Queen's Prerogative by disowning her Orders and Instructions, and passing an Act in opposition to it, this matter hath been laid before your Lordships, with an Address from H.M. good subjects, who are Members of the Church of England, setting forth the very great injurys and hardshipps, which they labour under by that unjust Act, all which hath been fully considered by your Lordships, and, as I am inform'd, the proper resolutions taken thereon, and therefore will not take up more of your Lordships' time, in making any further remarks or comments on it, but proceed to shew the evill effects and consequences of the Quakers insolent opposing and affronting the Queen's authority, and this will appear to your Lordships by the severall stepps taken by the same sect of people, the Quakers of H.M. Province of New Jersey. H.E. my Lord Cornbury having issu'd out writts for calling an Assembly, the first step taken by Samuell Jennings, the head of them, was his declaring that he would no longer serve the Queen as one of her Councill, his pretence was that he could not bear the charge of it, but the true reason was that it was not in his power in that station to doe so much mischief to the Queen's interest as he might doe in the Assembly, into which he was sure to be chosen, and in order to the having himself and others of his principles brought into the House of Burgesses, there was effectuall care taken to possess the whole country, that all their libertys and propertys lay at stake, and depended on their choice of the Assembly, they had prepared a list of such as they thought fitt for that purpose, and assured the people that, if they would choose them, that then there should be no money raised for the support of Government, nor any Militia Act past, this was too powerfull a baite, and produced the desired effect, those very men were chosen in the Western Division, and the same methods taken by Coll. Morris and his faction in the Eastern Division, but, for the more effectuall carrying on this design, the heads of the faction in both divisions agreed on a most scandalous libell, of which they got a vast number printed, and took care to disperse them thro' the whole province, perhapps there was never a more scandalous libell published, a copy of which, with the severall steps taken by H.E. to discover the authors and publishers I must referr to my Lord, who, I presume, sends it by this oppurtunity. And now, after all these indirect means used, it is not strange that they gain'd their end on an Assembly for their purpose, who, at the day appointed mett, and then, to shew that they were resolv'd to answer the end for which they were chosen, they sat above a month, in all which time they did not make the least stepps towards the preparing any Act for the support or defence of the Government, but their whole time was taken up in matters that did not concern them, the service of the Queen, or that of the Country, for the particulars I cannot referr to the Journall of the House, since the greatest part of what they did was secreted, not only from the Clerk of the Assembly, but from severall of their own Members, and whilst the House was busy in doing what was nothing to the purpose, Mr. Jennings and Coll. Morris, with the assistance of two or three others, was very hard at work in hatching the most scandalous paper that ever I saw in my life. I will not presume so farr on your Lordships' time, as to make remarks on the severall parts of it, since that will be done by all the Gentlemen of H.M. Councill for that Province, who are the most proper Judges, and therefore will referr to their Address, but cannot lett it pass without asserting thus much concerning it, that it is false, malitious, unjust, and most barbarously rude, they have treated H.E. most inhumanly without the least regard to his character under the Queen, nor have they so much as consider'd him as a Gentleman, but loaded him with scandalls, wch. they very well know are false, and cannot be prov'd, but I think my Lord ought to be easy under this barbarous usage, since they have not spared her most sacred Majestie, but have charg'd her with injustice, but there is still behind something of a more pernicious consequence then all this, which I think myself obliged to lay before your Lordships, you have seen that the Governmt. of Pennsylvania have thrown off all respect and regard for any of the Queen's Orders or Instructions, wch. appears to your Lordships by making an Act of Assembly directly opposite and contrary to them, were this evill confin'd to that Governmt. only, I should not give your Lordships any trouble about it, but the infection of this grand evill is spread over all the Queen's Governmts.; and that it hath taken deep rooting in that of the Jersys will appear to your Lordships by my acquainting you that I was present in Councill when H.E., having occasion to summon Coll. Morris, Samuell Jennings, and severall others of the heads of that faction, his Lordshipp was pleased in order to the giving them satisfaction about some matters which they clammour'd against, to produce H.M. Instructions to them out of which he order'd some particular clauses to be read, thinking (as I suppose) that they would be concluded by them, but it had a quite contrary effect, for Coll. Morris, as the mouth of them all, told his Lordship that the Queen's Orders and Instructions did not concern or affect them, nor should it conclude them any further than they were warranted by Law, this bold assertion occasion'd some debate, but after all they were firm in this their pernitious principles, and now your Lordships may plainly see what these men do aim at, and what the consequence must quickly be, if not prevented, for, having thrown off all respect and obedience to the Queen's Orders and Instructions, by what must they be govern'd, for the Laws of England they will not allow off, but when it suits their interests, or to serve a turn, when it is contrary to their wild notions, then it shall not oblige them, unless the Queen will allow them to send their Representatives to sett in the Parliament of Great Britain, so that there is but one way more to govern those men, wch. must be by Laws of their own making, but in this they are safe enough, since they resolve to make no laws, but such as shall lessen and impair the Queen's prerogative and authority, and suit with their own humours, if H.M. Governors will not consent to such Laws, then they will give no money to support either Governor or Government, but all shall sink; this is the games which they now resolve to play in Pennsylva., New Jersy and New York, the first of these had not given the last tax, but as a bribe to have the Act passt for affronting and destroying the Queen's Orders, the Assembly of the Jersys resolve to give no mony, unless they can be freed from a Militia, and have an Act to ruin half the people of the Province. and should they gain all this, yet they will not give enough to support the Governmt., and that itself shall be under such circumstances and limitations as to answer no end, the revenew of New Yorke expires very quickly in May, 1709, and they resolve never to renew it, this is the discourse in every man's mouth, but some of the most considering men will say that perhapps they will give mony for the support of Governmt., but it shall be only from yeare to yeare, and disposed off as they think fit, so that the Governor and all the officers of the Governmt. shall depend on them for bread, and then farewell to the Queen's interest. Thus I have laid before your Lordships the plain and true state of these Provinces, which doe require your serious consideration and a speedy and effectuall remedy, were your Lordships on the spott to heare and observe, it would alarm you. I am sure it gives me many uneasy thoughts. I will not presume to propose the remedy of these great and growing evills, without your Lordships' leave and direction, but I am sure something ought to be done, and that quickly. I doe most humbly begg your Lordships' pardon for the freedome I take, since it proceeds from a most hearty zeale for the Queen's service. I am now hastening to visit all the Northern Governmts., from whence I shall find subject matter enough to give your Lordships the trouble of another letter, etc. Signed, Robt. Quary. Endorsed, Recd. 7th, Read June 28, 1708. 4 pp. [C.O. 323, 6. No. 61; and 324, 9. pp. 189–199.]
June 30.
Barbados.
1017. Copy of Governor Crowe's Commission, appointing Dudley Woodbridge sole Judge of the High Court of Admiralty of Barbados. Signed, M. Crowe. Subscribed,
1017. i. Certificate that Woodbridge took the oaths appointed and signed the test, June 30, 1707. Signed, F. Merchant. Annexed,
1017. ii. H.R.H. the Lord High Admiral's Instructions to William Cleland and Dudley Woodbridge, Judges of the Admiralty Court, Barbados, with Interrogatories concerning prizes. Feb. 7, 1705. Countersigned, Rich. Crawley. Latin. [C.O. 319, 1. pp. 23–32.]
June 30.1018. Mr. Willcocks to the Council of Trade and Plantations. Prays for a day to be appointed for hearing objections to the Act of Pensilvania relating to the qualifications of Magistrates, etc. Signed, Geo. Willcocks. Endorsed, Recd. Read June 30, 1707. 1 p. [C.O. 5, 1264. No. 8; and 5, 1292. pp. 9, 10.]
June 30.
Whitehall.
1019. Wm. Popple to Mr. Baily. The Council of Trade and Plantations think you ought to make your application (June 27) to the Admiralty, etc. [C.O. 5, 1362. p. 238.]
[June 30.]1020. Capt. Jennings' proposals for capturing the Spanish Galleons, with Sir David Mitchell's criticism of them, and Capt. Jennings' reply thereto (cf. June 13 and B. of T. Journal, June 26). Endorsed, Recd. Read June 30, 1707. 1¾ pp. [C.O. 323, 6. Nos. 38, 39.]