America and West Indies: April 1693, 1-15

Pages 70-86

Calendar of State Papers Colonial, America and West Indies: Volume 14, 1693-1696. Originally published by His Majesty's Stationery Office, London, 1903.

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April 1693

April 1. 232. Minutes of Council of Nevis. Walter Symonds's Commission as President of the Island read. [Col. Entry Bk., Vol. XLVIII., pp. 273, 274.]
April 3. 233. Minutes of Council of Virginia. James Mings ordered to attend on the 20th with the papers as to the survey of Pamunkey Neck. [Col. Entry Bk., Vol. LXXXIV., p. 799.]
April 3. 234. Journal of House of Burgesses of Virginia. Additions were inserted in the book of claims. Message from the Council withdrawing their amendments to the book of claims and sending down the accounts of the impost on liquors. Bill for a public levy read twice more and passed and sent to Council. The roll of the Acts was then sent up to the Council, and the house presently attended the Governor in obedience to his summons. [Col. Entry Bk., Vol. LXXXV., pp. 996–998.]
April 3. 235. Minutes of General Assembly of Virginia. Bill for a public levy received and passed. The Governor assented to the following Acts (1) to suspend the Ports Act (2) for marking Indians' hogs (3) to encourage erection of fulling mills (4) to fix the price of coasting cockets (5) to encourage erection of a Post Office (6) to continue the Rangers (7) to raise a public levy. The Assembly was then dissolved. [Col. Entry Bk., Vol. LXXXV., pp. 932–934.]
April 3. 236. Minutes of Council of New York. William Pinhorne, Chidley Brooke and John Lawrence sworn judges of the Supreme Court. Order for audit of the accounts of four companies of fusiliers and other expenses claimed by Robert Livingstone. [Col. Entry Bk., Vol. LXXV., p. 406.]
April 3.
237. Governor Sir William Phips to Lords of Trade and Plantations. I have given a particular account to Mr. Blathwayt of my stopping a supposed witchcraft, which had proved fatal to many, had not a speedy end been put thereto, of my suspension of Captain Short, and of the condition of New Hampshire and Rhode Island. I have also sent home our laws, but I would ask you to take into consideration that I have no salary settled nor intended here. Letters as to the quota of men for New York have already been sent to the neighbouring Colonies. I have no account of French or Indians advancing on Albany, except what comes by uncertain reports. I have caused the inhabitants of Port Royal to renew their oath of allegiance, and about three weeks since sent them a supply of provisions to encourage their loyalty. There were two French men-of-war on the coast in October, but I hear from Port Royal that they have gone to France. Fort Pemaquid is finished, and I understand from some redeemed captains that it is a great check on the Indians, and that my destruction of their corn last year put them in a miserable condition for the winter. I design immediately to settle two more forts to eastward. The Indians begin to appear on our frontiers in small parties, but I have sent two or three hundred men to drive them away. As soon as I receive your directions I shall make some proposals as to providing naval stores and other things of the kind. If such produce be encouraged there may well be enough supplied for the Royal Navy, and I shall study that it may be done at cheaper than the ordinary rates. I have informed the Admiralty that I can do the duty of H.M.S. Conception in defending the province at half the expense, for I have built a yacht of 150 tons for that special purpose, which quite answers my expectations. She has eighteen guns and six patararoes, and can follow French privateers where ships of greater burden cannot. I beg that, if possible, she may be kept on their Majesty's pay as a sixth-rate for six months in the year, and be employed by me in the winter. H.M.S. Conception may then be moved to another station, where she can do better service. I have dissolved the General Assembly and ordered the Secretary to send you the Minutes. I have erected Naval Offices in Boston and other convenient places for enforcement of the Acts of Trade and Navigation. The people, except a few disaffected subjects who were active in the late revolution, are well satisfied with the government; and if another attack in Canada be ordered, their zeal and loyalty will sufficiently appear. Signed. William Phips. 2 pp. [Board of Trade. New England, 6. No. 46; and Col. Entry Bk., Vol. LXII., pp. 423–426.]
[April 3.] 238. Petition of Governor Sir William Phips to the King. That a salary may be appointed for him and the royal commands respecting the same signified to the Assembly of Massachusetts. Signed. William Phips. 1 p. [Board of Trade. New England, 6. No. 47.]
April 4.
239. Lieutenant Hore, R.N., to Mr. Sotherne. Owing to a quarrel on the 4th of January, Sir William Phips dispossessed Captain Short of the command of this ship and put the gunner in command, ordering myself and all the officers to obey him, though my instructions appoint me, as lieutenant, to take command in such an event. I have served the Crown for thirty years, in several engagements, and as a lieutenant since 1678, nor have I ever heard of any complaint against me. As for the gunner I never heard of his serving in any ship before the Nonsuch. Pray procure me redress of this injustice. Signed. Abraham Hore. 1 p. Endorsed. Recd. 15 Jan. 1693–4, at the Committee. [Board of Trade. New England, 6. No. 48.]
April 4.
240. Governor Sir William Phips to Lords of the Admiralty. Reporting that he has built a yacht which will more efficiently do the work of H.M.S. Conception, and begging that she may be taken unto the King's service for six months, and the Conception employed elsewhere. Signed. William Phips. 1 p. Endorsed. Recd. 15 Jan. 1693–4. [Board of Trade. New England, 6. No. 49.]
April 4.
241. Formal protest of William Lovell and Philip and Robert Willcocks of Plymouth, merchants, against the seizure of the ship Fortune, in Virginia. 2 pp. Endorsed. Recd. 1 May, 1693. [America and West Indies. 638. No. 9.]
April 4. 242. Petition of Sarah Brookhaven and others to Lords of Trade and Plantations. That their rights to certain lands in Barbados may not be impeached or prejudiced by certain proceedings on the part of John Kirton, who is endeavouring to procure an Act upsetting former settlement of the same under colour of the authority of the Council and Assembly. 1 p. Endorsed. Presented 4 April, 93. [Board of Trade. Barbados, 5. No. 10.]
April 4. 243. Minute of Lords of Trade and Plantations. A paper of proposals for the charter of Sir Matthew Dudley's Company was read, and the Attorney General's report thereon being heard, it was ordered that a copy of the report be delivered to the petitioners. [Board of Trade. New England, 35. Pp. 20, 21.]
April 4. 244. Journal of Lords of Trade and Plantations. Orders given for the preparation of commissions and instructions for Governors Russell and Kendall.
The proposals of Sir Matthew Dudley's Company considered, and order given thereon.
Petition of Sarah Brookhaven read. Mr. Brookhaven to have notice when the Act, of which she complains, comes before the Committee.
April 5. Agreed that there is no need for any further embargo. Ordered that Governor Russell have a copy of Governor Kendall's instructions, and Governor Kendall's agent of Governor Beeston's instructions. [Board of Trade. Journal, 7. pp. 174–178.]
April 5.
245. Gershom Bulkeley to Governor Fletcher. I think it my duty to report to you what has lately happened here in Connecticut contrary to the peace of the people, in contempt of Their Majesties' Government, and to the extirpation of liberty and property. As we rarely have ships passing from hence to England, I beg you to forward it to Their Majesties by first conveyance, unless their orders for a settlement should render this unnecessary. Signed. Gershom Bulkeley. Annexed,
Address of Gershom Bulkeley to the King and Queen. On the 8th of March last five persons were imprisoned, without precept or mittimus, but by the simple mandate of Peter Blin and John Francis, constables, for refusing to pay their country rates. Next day the prisoners sued out a habeas corpus, but the General Court had authorised constables to levy on the estates of those who refused to pay rates, or in default of estate (which is not the case with these five persons) to put them in gaol. The prisoners then complained to me as a justice of the peace, and I issued a warrant for their release on their finding sureties to appear and answer any charge, taking particular pains to convince the gaoler of its legality. The gaoler however shewed it to his masters who issued a contrary warrant. One of the prisoners now bought his release, but the rest were very ill treated, being shut up in a noisome place with felons and murderers until the 24th March, when they were delivered on composition with the gaoler. Then the Governor and Council summoned me before them, and on my non-attendance sent a capias that I might be taken by force, but the marshal despite some threats left me alone. So the matter rests at present; but this suffices to show the resistance of this arbitrary government to your royal authority. Signed. Gershom Bulkeley. The whole, 14 pp. Endorsed. Recd. 4 Oct., 1693. [Board of Trade. New York, 5. No. 11.]
April 5. 246. Minutes of Council of Massachusetts. A full Council to be called for the 12th, for the settlement of Mr. John Usher's accounts.
April 6. Instrument to secure interest and security to the Councillors who have advanced money to the public, signed. Elisha Hutchinson and John Walley appointed to manage the sources of revenue thus guaranteed. Bartholomew Gidney, Elisha Hutchinson and John Walley to be the Committee for managing the war. Order for payment of sums due for military service and for salaries of officers. [Col. Entry Bk., Vol. LXIV., pp. 228–230.]
April 6.
247. Governor Sir William Phips, to the Earl of Nottingham. I have in another letter given my reasons for suspending Captain Richard Short, but these are but a small part of what I might say were I actuated by so much malice as he and his advisers. I put him on board a ship, Jeremiah Toy, master, and he should long ago have reached London, but that Toy has lingered so long on the coast to pick up deserters from the Nonsuch, using every endeavour to get them and giving me much trouble to prevent him. I have been thwarted also by others who should have done better service. Several men have deserted the Nonsuch to go in Toy's ship, and, that they might be secure, Mr. John Usher has protected them in New Hampshire. I sent letters to demand them and to the purser of the Nonsuch to seize them, but they were rescued out of his hands by Mr. Usher, and that they might be the better protected he obtained an order for their protection from the Council, on the ground that they had been discharged by Captain Short, though such discharge, being subsequent to his suspension, was invalid. The owner of the ship, Mr. Nathaniel Bye, a Boston merchant, also furnished the deserters with money and horses to proceed to Piscataqua. He then gave the ship orders to go round to Piscataqua and make a signal for the men to be sent ashore. The ship put in at Cape Ann, but Mr. Usher bade her come on to Piscataqua, Cape Ann being in this Government. I know this to be true by letters found on Mr. Usher's messenger. I also arrested the master, for thus weakening the King's ships. but the owners sent another master on board who took the ship to Piscataqua to take in the deserters. I sent the purser of the Nonsuch to demand them again, but he was at once seized under a warrant of Mr. Hincks, the president (during the absence of Mr. Usher at Boston) and kept a prisoner for several days until the ship sailed. The purser sent a sloop after her (for she had not dared to pass the fort) which brought her in again. The Governor gave me an account of this by land and I then went to Piscataqua myself to check these irregular proceedings. When I came into the river, Toy, Short and the deserters at once went on shore before I could come up with them, whereupon I went ashore myself and desired to speak with the President but was refused. I also required Toy to produce Captain Short, but he would not, being encouraged by the Government and by the owner, who was then at Piscataqua. I then took from Toy my warrant to transport Short to England and twice sent to the President for a warrant for his arrest as an absconded prisoner, but he refused to do so or to deliver him up, and then I was obliged to retire to Boston, leaving Short and the deserters under the protection of the Government. Before my departure I caused my Commission to be read in public, that they might obey the royal commands as to the militia, but the President refused to hear it. I then went to the fort to view it and sent to the President to acquaint him of my intention, but he refused to answer and sent an order to the captain to deny me admittance, which he did by closing the gate and sending a corporal with a file of musketeers to warn me that by the President's order he would not admit me. Four gentlemen of our Council can vouch for the truth of this. Signed. William Phips. 2 pp. Endorsed. R. 24 May, '93.
Duplicate of the foregoing. [America and West Indies. 561. Nos. 34, 35; and (entered as addressed to William Blathwayt) Col. Entry Bk., Vol. LXII., pp. 430–435.]
April 6. 248. Governor Sir William Phips to Lords of the Admiralty. Identical with the preceding. Endorsed. Recd. 15 Jan. 1693–4. [Board of Trade. New England, 6. No. 50.]
April 6.
249. Order of the Privy Council. Referring the petition of Sir Matthew Dudley and others to Lords of Trade and Plantations for report. Signed. Wm. Bridgeman. ½ p. Annexed,
249. I. Petition of Sir Matthew Dudley and others to the Queen. In 1688 and 1691 we prayed for a charter of incorporation to work minerals in New England, and on 7 July, 1692, a warrant for passing Letters Patent to us was actually ordered, but was delayed owing to another petition, submitted in ignorance by others of our body. We beg that we may be incorporated according to two Orders in Council already passed in March and July, 1692. 1 p. [Board of Trade. New England, 6. Nos. 51, 51 I.; and 35. pp. 21–24.]
April 6.
250. Order of the Privy Council. Referring two addresses from New Hampshire to Lords of Trade and Plantations for report. Signed. Wm. Bridgeman. ½ p. Annexed,
250. I. Addresses of the General Assembly of New Hampshire to the King and Queen. We thank you for the supply of guns and ammunition, and beg to lay before you our deplorable state owing to the present war. Without the help of Massachusetts we could not defend ourselves, and we are not able to support a distinct Government. We beg therefore to be annexed to Massachusetts. Signed. Richard Martin, Speaker. Copy. 1 p.
250. II. Address of certain inhabitants of New Hampshire to the King and Queen. To the same effect as No. I. 232 signatures. Copy. 2¼ pp. The whole endorsed. Recd. Sept. 14, 1695. [Board of Trade. New Hampshire, 1. Nos. 22, 22, I., II.; and Col. Entry Bk., Vol. LXVII., pp. 214–219.]
April 6. 251. Minutes of Council of Jamaica. In consequence of a landing of French privateers at Port Antony, ordered that a sloop be forthwith pressed and manned. Order for there to be one Commission of the Peace for the four parishes on the north side of the Island. The members of Council signed the test. Peter Beckford, Francis Blackmore, Charles Knight, and Thomas Sutton sworn justices for the whole Island. [Board of Trade. Jamaica, 77. p. 246.]
April 7. 252. Lords Proprietors of Carolina to Governor Philip Ludwell. Repealing all laws relating to the Courts of Judicature or in alteration of the forms of proceedings from those observed under the government of Joseph Moreton and James Colleton. All bills relating to such matters and to matters of election to the Assemblies shall remain unpublished and not become law until confirmed by the Proprietors. Signed. Craven, Ashley, John Archdale for Thomas Archdale, Tho. Amy, P. Colleton. [Col. Entry Bk., Vol. XXII., p. 220.]
April 7. 253. Warrant of Lords Proprietors of Carolina. Repealing an Act to provide indifferent jurymen. [Col. Entry Bk., Vol. XXII., p. 221.]
April 7. 254. Minutes of Council of New York. Resolved to admit a pirate ship that had surrendered, to the benefit of the Act concerning pirates. The Governor produced his patent for the Government of Pennsylvania and Newcastle, whither William Nicolls and Chidley Brooke offered to accompany him forthwith.
April 8. Committees appointed to report as to the capacity of the province to supply flax, hemp and naval stores, and to consider what may be done for supply of the Commissaries of Sir F. Wheler's expedition. Resolved to prosecute the lands of sundry people who have left Staten Island to escape payment of taxes and to issue a proclamation requiring them to return. £6 granted to a soldier wounded in the late expedition. Patent for land granted to John Stillwell. Warner Wessells and Antie Christiani authorised to collect charity to pay their ransom to the Sallee Rovers. Sundry orders as to Robert Livingstone's accounts. [Col. Entry Bk., Vol. LXXV., pp. 406–408.]
April 10. 255. Minutes of Council of New York. Order for payment of £200 for the Governor's expenses in his journey to Pennsylvania; and for other smaller payments. [Col. Entry Bk., Vol. LXXV., p. 408.]
April 10. 256. Warrant of Lords Proprietors of Carolina. Disallowing an Act of 1692 to regulate elections of Members of Assembly. Signed. Craven, Ashley, P. Colleton, Tho. Amy. [Col. Entry Bk., Vol. XXII., p. 224.]
April 10. 257. Warrant of Lords Proprietors of Carolina. Authorising Philip Ludwell to commission a Chief Judge and four justices for trial of cases in any county which has a sufficient number of freeholders, and to remove them at pleasure. Signed as the preceding. [Col. Entry Bk., Vol. XXII., p. 226.]
April 11.
258. Lieutenant-Governor Usher to Lords of Trade and Plantations. I came to Boston, understanding that ships were sailing to England. Though I have repeatedly written to Sir William Phips for men to garrison the fort and defend the country, I have been unable to obtain any. He accommodated Mr. Moody. Vaughan, and Walderne with twenty-four men. I am sorry that one holding the King's Commission as Commander-in-chief should be judged unworthy by Sir William Phips to command and post his soldiers. To my own mind, the placing of men at Major Vaughan's disposal is only for an inlet to seize the Government, and thereby to usurp powers contrary to the King's Commission; and the following are my reasons. Sir William Phips, in his letter of 14 March (of which copy is enclosed), gave orders to the militia at the Bank to seize some persons whom he pretended to be deserters. I did not know before that he could pretend to command the militia or could order militia-officers to meddle in civil affairs. As to Sir William's regard for his duty to their Majesties, his actions in time will show; but for a private subject to use the King's name and command a Government at their peril to obey, is a thing beyond my reach. It looks as if he had taken upon him the powers vested in your Lordships. Major Vaughan is the officer to whom he gave this order, and Vaughan is the man who must command the twenty-four men, I presume, to enforce Sir William's orders. As to the pretended deserters, they were all called before the Council, who judged their clearings to be correct and themselves to deserve protection. Their mind is expressed in their answer to Sir William's letter. After I had been some time at Boston, Sir William goes away privately to New Hampshire, without acquainting his Council or myself so that I might have given him satisfaction. Had I acted in his Government as he has in mine, I should expect to be called upon by you to answer for my conduct. On the 28th of March, with his flag of Vice-Admiral flying (though outside his jurisdiction of Vice-admiralty) he boards a ship in harbour, breaks open a cabin-door, and carries off a trunk and chest with him to Boston, never applying to anyone in authority for a warrant. How far this conduct conflicts with the law, I leave you to judge. He then issues a warrant for the arrest of certain subjects, declaring himself to be in his government and to hold a commission of vice-admiralty for the place. The President thereupon summoned the Council, who recorded their opinions on this matter. Now for a Government to have two heads is unnatural, and those of the Council who are legal subjects are so uneasy that they have asked for dismission, which I cannot grant. No Governor is safe if another Governor can enter his Government and issue warrants without special authority from the King. Sir William has not taken care of the King's subjects as he pretends. Before my arrival he took the people out of the frontier-towns, leaving none in their room, but visited not the garrisons, nor the lakes, nor took care for the King's fort. This is his care for matters relating to militia. He acts without his Council's advice, and such things are done that I judge you will hear by next ships that New Hampshire and Massachusetts are at civil war. If it be for the King's service to have the overthrow of Kingly Government carried on in his name, I leave to your consideration. It is no ways delightful to me to be always writing grievances, but I hope that these may be redressed. Unless the King appoint another Governor nothing but ruin and misery is likely to befall the province. I beg for your order also for payment to me of the balance shewn by my accounts to be due to me. Signed. John Usher. Holograph. 2 pp. Endorsed. Recd. 24 May. Read 12 June '93. Annexed,
258. I. Copy of Sir William Phips's letter to Lieutenant-Governor Usher. 14 March, 1693 (see No. 192). ½ p. Endorsed. Recd. 16 June, '93.
258. II. Copy of the reply of the Council of New Hampshire to Sir William Phips. 18 March, 1693 (see No. 197). Endorsed. Recd. 16 June, '93.
258. III. Minutes of Council of New Hampshire. 10 March, 1693. Giving the decision of the Council to protect the men claimed by Sir William Phips, and copies of the discharge of two of them. 1 p. Endorsed as the preceding.
258. IV. Thomas Davis to Lieutenant-Governor Usher. Great Island. 30 March, 1693. On Tuesday last Sir William Phips entered this river with about twelve hands, and at once boarded Captain Toy's ship. He then sent ashore to ask Mr. Hincks and Captain Toy to come aboard. Hincks sent word that he was to be found at home if Sir William had anything to say to him. Sir William after trying to obtain the key of the cabin without success, went ashore with all his company for the night. Next morning he asked Mr. Hincks to call a Council to have his commission read, which Mr. Hincks agreed to do, and to give him notice of the meeting. At noon Sir William boards Toy's ship, breaks open the cabin and carries Captain Short's trunks and chest ashore. He also asked Toy for the packets that he had delivered to him and to see the warrant that he had given him to carry Captain Short. Toy declined to part with it but allowed Sir William to see it, whereupon Sir William tore off his name and seal. Toy took them up, but was obliged by threats to give them up, and Captain Byfield coming in took away the warrant. Sir William then issued a new warrant directing Toy to give Short up to him, but Toy declined, as he had given Short a copy of the original warrant, and also doubted Sir William's authority in another Government. To-day the Council met and gave Sir William notice, but he never came, and after waiting three hours the Council rose. Just as we were leaving, Jackson came up to demand Short or a warrant to search for him, but Mr. Hincks told him that he was too late. Toy petitioned the Council as to the breaking into his ship, etc., but was referred to his legal remedy. It was moved in Council whether Sir William Phips should not be called to account for claiming jurisdiction out of his Government, but as no harm had been done, it was decided not to do so. 2 pp. Endorsed. Recd. 24 May, '93.
258. V. Another copy of the preceding. Endorsed. Recd. 15 June, '93.
258. VI. Copy of Jeremiah Toy's petition for redress for his treatment by Sir William Phips. 1 p. Endorsed. Recd. 16 June, '93.
258. VII. Thomas Davis to Lieutenant-Governor Usher. Great Island, 31 March, 1693. The sloop not being gone, I must inform you that about 10 o'clock this morning Sir William came from the bank in his pinnace with a trumpet sounding and landed at West's. The sloop at once went out, as also did the pinnace, and Sir William Phips sent word to Mr. Hincks that he had a mind to see the fort. Mr. Hincks answered that unless Sir William paid him the due respect of a visit he would neither come to him nor admit him to the fort. Sir William sent to demand Captain Short, but was told that he must now wait till the Council met again. Sir William then went to the new ship hoping to see Mr. Hincks, but Mr. Hincks stayed within. He then went to the fort, but was stopped by a guard by Captain Walton's order. Sir William departed saying that Captain Walton should not long be Captain of the fort, and sailed away. 1 p. Endorsed. Recd. 24 May, '93.
258. VIII. A copy of the preceding. [Board of Trade. New Hampshire, 1. Nos. 23, 23 I.–VIII.; and (without enclosures) Col. Entry Bk., Vol. LXVII., pp. 222–224.]
April 10.
259. Governor Kendall to Earl of Nottingham. Since the fleet's arrival the time has been wholly spent in preparations for the expedition, and to such good purpose that on the 30th March the whole fleet and forces sailed in good order for Martinique. This dispatch is due chiefly to the diligence of Sir F. Wheler, who himself acted all parts from the Admiral to the purser, and particularly that of Commissary-General of Provisions, the person who came here in that post having by his sickness here and his foolish and indiscreet behaviour been very uneasy to us all. Under such conduct and in conjunction with Colonel Foulke, a gentleman with all the qualities requisite for his command, we have every encouragement to expect success, nor can it be doubted that Guadeloupe and Martinique will be utterly destroyed. If after that the commanders perform the further secret commands of the King and within the time limited, they will have a very large portion of the King's victorious spirit, and their exploits will deserve as great encomiums as Roman historians have given to Caesar's. These gentlemen having shewn me their orders to return to Europe towards the end of the year, I must tell you that, in my opinion, to perfect the ruin of the enemy and secure peace and commerce of the English here, it is absolutely necessary to keep a large squadron of ships in these parts while the war lasts, and especially in October next to intercept the reliefs sent by the French King to the miserable remainders of his subjects in these Islands. For after much talk with Sir F. Wheler and Colonel Foulke as to the disposal of prisoners, we could come to no conclusion but that they must be left there, we having neither ships nor provisions for their transportation. If therefore five good sailing frigates be ordered to be here at the beginning of that month, they, joined with the ships on the station, would probably destroy the French successes. The rest of the squadron might convoy the fleet hither. It is Sir F. Wheler's opinion, and I agree with him, that the relieving of the West Indian squadron every year will preserve the King's ships, and save the lives of many of the seamen. The resolutions of the Council of War, which I have sent to the Lords of the Committee, will shew that I have obeyed the King's orders as zealously as though I had been placed in command of the expedition myself. I enclose the muster-rolls of Foulke's, Goodwyn's, and of the recruits of Lloyd's. It was a work of much time and trouble, and done with much care and integrity by Mr. Mein, of the Council here. I beg that he may be recompensed. About forty soldiers and as many sailors are sick here, but I hope that most of them will recover, when they shall be sent after the fleet. Signed. J. Kendall. Holograph. 2½ pp. [America and West Indies. 456. No. 49.]
April 10.
260. Governor Kendall to Lords of Trade and Plantations. This letter is identical with that to Lord Nottingham of same date. Endorsed. Recd. 5 July, 1693. Abstract read, 18 Sept., '93. [Board of Trade. Barbados, 5. No. 11; and Col. Entry Bk., Vol. VIII., pp. 365–368.]
April 11. 261. Minutes of Council of Barbados. Order for rebates of duty and for payments. [Col. Entry Bk., Vol. XII., pp. 402, 403.]
April 11.
262. Thomas Dobbins to Lords of the Admiralty. Since his suspension Captain Short has done all he can to obstruct the King's service by trying to draw away and corrupt the men of this ship. Some he persuaded that they would receive no pay, and to others he granted their discharge. He thus drew away four men to Piscataqua, where he himself was. The purser was sent up to Piscataqua to apprehend the deserters, but they were rescued by Lieutenant-Governor Usher, who threatened him for what he had done and finally committed him to prison for three days, during which time his ship was seized and condemned. Sir William Phips then went thither in person, who set the purser at liberty, but was refused delivery of Captain Short and the deserters. This obstruction to the King's service by these petty Governments is of very ill consequence. Signed. Thomas Dobbins. 1¼ pp. Endorsed. Recd. at the Committee. 15 Jan., 1693–4. [Board of Trade. New England, 6. No. 52.]
April 11.
263. Governor and Council of Maryland to Lords of Trade and Plantations. We send duplicate of ours of 21 December, with complaints against Sir Thomas Laurence and Edward Randolph. We are sorry that we have continual occasion to repeat these complaints, but the insolencies of these men have grown to such a height as to strike at the root of all government. We have been obliged to confine and commit Sir Thomas on several charges, which have been proved to our satisfaction and will be proved to Their Majesties'. A copy of these charges and of depositions are enclosed, and will, we hope, be considered sufficient reason for confining him and dismissing him from the Council and from the office of Justice of a Provincial Court. We have prospect of further discovery of his base and treacherous confederacies with papists and disaffected persons. We are credibly informed that Sir Thomas has represented us in the blackest colours to you, but we are confident that we can clear ourselves from his malicious imputations, and beg you to suspend any censure of us until we have had an opportunity of vindicating ourselves. He has been very free and prodigal in abuse of the Government, as one of his letters (written under the assumed title of public notary), in vilification of the Council, can shew. We only name Mr. Randolph as a partner in his villanies, though we have a large charge against him when next we meet with him. Signed. L. Copley, Nea. Blakiston, Nicholas Greenberry, David Browne, Thomas Tench, John Addison, John Courts, Tho. Brooke. 1½ pp. Endorsed. Abstract read, 15 Sept., 1693. Annexed,
263. I. Heads of a charge against Sir Thomas Laurence, Bart. (1) Disobedience to the Governor and Council's order, to provide seals for every county in the Province. (2) Entering on his office of Secretary before giving security, though demanded of him, and extorting from the clerks unjust fees for their commissions. (3) Unjustly demanding of the clerks commissioned under the late Revolutionary Government to account to him for their fees from the date of his commission. (4) Protesting in Council against the Act and an order of Council concerning officers' fees. (5) Displacing county clerks and putting incapable men in their places, for mercenary ends. (6) Neglecting an order of Council to suspend one of his clerks for open contempt of Government. (7) Consorting with and countenancing none but papists and avowed enemies of Government. (8) Removing the records of the Province from his office to his own chamber for his own sinister ends, in defiance of the Council's order. (9) Embezzling certain of the said records. (10) Refusing to produce an agreement which he had made for farming the Secretary's place, contrary to law, in defiance of the Council's order. (11) Acting as Public Notary, without being commissioned or sworn, and (12) in that capacity accusing the Government, in his protest, of arbitrary and illegal action. (13) Suggesting and alleging false and scandalous reflections on the Government in the same protest. 8 April, 1693. Certified copy. 3½ pp.
263. II. Deposition of Cleborne Lomax, Clerk of Charles County. As to Sir Thomas Laurence requiring of him a tenth part of his fees before he would continue him in his place. Sworn. 18 October, 1692. 1½ pp.
263. III. Another copy of No. II.
263. IV. Deposition of Henry Bonner, formerly Clerk of Anne Arundel County. That Sir Thomas Laurence offered him half fees to act as Deputy Clerk, and on his refusal dismissed him. Sworn 26 Oct. 1692. ½ p. Endorsed. Recd. 18 May, 1693.
263. V. Another copy of No. IV. Scrap.
263. VI. Deposition of Philip Lynes. That he had heard that Edward Randolph had illegally discharged a ship's master from his board. Sworn. 24 October, 1692. Scrap.
263. VII. Deposition of Henry Smith. To the same effect as No. VI. Scrap.
263. VIII. Record of a Court of Oyer and Terminer held in Maryland, 12 January, 1693, for trial of the ship Margaret for illegal trading. The ship was condemned, but appeal to the Governor in Council allowed. 8 pp.
263. IX. Copy of a letter from Charles Carrell. Setting forth the hopelessness of appealing in the case of the ship Margaret, and announcing that he has a better proposal to make. 15 January, 1693. Scrap.
263. X. Protest of Sir Thomas Laurence, Secretary and Public Notary of Maryland, 2 March, 1693, against the illegality of the proceedings of the Court in the condemnation of the ship Margaret and of the Governor and Council in conspiring not to hear the appeal. Copy. 1 p. [Board of Trade. Maryland, 2 Nos. 101, 101 I.–X.; and (covering letter and enclosure No. I. only) 8. pp. 114–119.]
[April.] 264. A collection of papers sent out to the office of Plantations by Edward Randolph.
264. I. Copy of Governor Copley's warrant for the arrest of Sir Thomas Laurence, and for depriving him of all his offices. Dated 27 March, 1693. 1 p. In Randolph's handwriting. Endorsed. Recd. 13 Dec. 1693.
264. II. Copy of Governor Copley's warrant for the arrest of Edward Randolph. Endorsed. Recd. 25 Sept. 1693.
264. III. Another copy of No. II. Endorsed. Recd. 13 Dec. '93. Both copies are in Randolph's hand.
264. IV. Attestations as to Randolph's accepting money to indemnify a ship's master for a bond legally forfeited. Copy. 1½ pp. Endorsed. Recd. from Mr. Randolph. [Board of Trade. Maryland, 2. Nos. 102, I.–IV.]
April 12.
265. Captain Fairfax, R.N., to Mr. Sotherne. I have not yet received the survey of this ship; though the Governor on receiving the orders of the Lords of the Treasury gave orders for her to be examined and repaired. The remainder of the letter is a repetition of letters preciously written. Signed. Robt. Fairfax. 1 p. Endorsed. Recd. 15 Jan. 1693–4, at the Committee. [Board of Trade. New England, 6. No. 53.]
April 12. 266. Letters patent of the Lord Proprietors of Carolina. Granting a general amnesty and pardon for all offences against them and the constitution, committed before the date of Philip Ludwell's Commission of 8 November, 1691, treason, piracy and arrears of rent excepted. Signed. Craven, Ashley, P. Colleton, Tho. Amy. [Col. Entry Bk., Vol. XXII., pp. 222–223.]
April 12. 267. Warrant of the same, appointing Thomas Smith to be Sheriff and Chief Judge of Berkeley County. [Col. Entry Bk., Vol. XXII., p. 224.]
April 12. 268. Declaration of the same. That they will take no advantage of any alien's estate that escheats to them, if he shall have grants for the same and have paid his rent, or have bought the same, but will allow it to go to the next of kin. Signed. Craven, Ashley, P. Colleton, Tho. Amy. [Col. Entry Bk., Vol. XXII., pp. 225–226.]
April 12. 269. Lords Proprietors of Carolina to Governor Philip Ludwell. We have not received your letter as to the Bahamas, of which we have appointed Nicholas Trott to be Governor. We are concerned to hear of the behaviour of the deputies towards you and of your quarrel with them. We do not know of such quarrels in the King's plantations, for they would soon put a stop to the King's affairs or bring all to the arbitrary determination of the Governor. We do not see how the Government of Carolina can be carried on, if you put yourself out with all parties, and especially with our friends. We hope that you will reconcile yourself with those deputies who have been disrespectful to you, and we have by this conveyance censured them. We think that you will succeed in your effort to gain the people of both parties, if you avoid James Moreton's mistake. He was extremely in the good opinion of the people when he first assumed the Government; whereupon the people at Goose Creek, seeing their power gone unless they could destroy that good opinion, offered to pass an Act for an excise on imported liquors for his benefit, and in order to pass it made him turn out many of our deputies and disoblige others. They then gave advice to their friends in Parliament to hinder the bill, and then cried out against the avarice of the Governor, who would enslave and ruin the people. Then having damaged his good name they contemned and opposed him. We now hear that the same trick is being tried on you, James More and others having given out that they were to present you with £1,000 by a gift of the Assembly, if you would pass an Act of Indemnity. We hope that it is not true, for such an Act is beyond your powers. We hear that you have denied writs of right to persons to sue those who have injured them. We would gladly see people forgive each other, but this conduct is contrary to your orders. We note that our greatest enemies admit our title to the land in Carolina. In that case we may grant it on our own terms, and we think it high time to take legal proceedings against those that refuse to pay their rent. We hear that Mr. James More offered to pay a year's rent down, and a third of his arrears annually until all are discharged. We do not wish to press him, so we would have you speak with him, and if he pays the year's rent and a third of his arrears you will accept the terms, but if he boggles or delays you will order Mr. Grimball to sue him, but Grimball must act by your orders only, for we know his indiscretion. As this money will be for yourself we hope you will take pains in the matter. If More pays, we think you may proceed to sue others also. There need be no legal difficulties as to the validity of our Patent. Mr. Percival desired to take up land in excess of that allowed for imported servants, promising to pay rent or buy outright, but now we are told that he refuses to do either. If he will not yield on your speaking to him, you will pass the land to others. Jurors in the trials of such cases should be men who have paid their rents; others we look upon as merely parties. The excuse of some, that they have not grants, must not be accepted, for they can obtain grants if they wish, though it may be not such as they would have. Some again say that the laws of England are not in force there, but our Patent answers this argument. Deputies who have suffered under Sothell's persecution and may be in want of money, may have their money due to us and received from them returned to them again for the present. As the Goose Creek men are resolved to oppose us, right or wrong, you will take care not to encourage or employ them. As to Sir Nathaniel Johnson's hopes from the Crown if the Government of Carolina were centred therein, it cannot be expected that one who gave up the Leeward Islands will receive another Government from the present King. You will keep a watchful eye on him. We do not believe in the deputies discouraging the payment of rents, for it is not to their interest. People who cut cedar from our land must be indicted and fined.
You advise the lessening the number of Assemblymen for Colleton and Craven Counties, and adding them to Berkeley County, which has three-fourths of the people at present; but those that govern a settling country must have an eye for the future. We hope to see both these counties with as many people as Berkeley County, and then how shall we reduce the elections to equality? We hear that a committee is drawing up a system of government for the future, but of what use this can be we know not, since they have so disrespectfully refused our excellent Constitutions. We shall part with none of our powers until the people are more orderly. As these men may throw the odium of rejecting such laws on you, we have reserved to ourselves the right of ratifying all Acts dealing with juries or elections before they can be executed. We wish you to pick out from the moderate party, honest, loyal, industrious men, and raise them by degrees, so as to qualify them for the first rank. We hear good accounts of Captain Simson, and desire that you will make him a justice of the peace, so that he may (unless you see reason to the contrary) rise higher. We note that you and the Assembly disagreed as to an Act of Pardon. We have put an end to all disputes on that matter by sending you a pardon of our own. If the Assembly that sat in October be still undissolved, you will call them together and propose to them such further measures for their safety as you think necessary, sending us a copy of the same for record against them. If they refuse to do anything, you will dissolve them and call no other Assembly till they are in better temper. We want no new laws, and if they will consent to none for their own security, the fault is not in us. We do not understand Mr. Grimball's behaviour about paying your salary, for his instructions have been reiterated rather than altered. But he has orders to remit the proceeds of land sold to us, for we judged that the rents and perquisites would suffice to pay your salary. We have sent you authority to appoint and remove judges, but it must not be used in respect of Thomas Smith, whom we have ourselves appointed Chief Judge. Tell Mr. Gibbs that no slight is intended to him; but as he has been compelled to swear to the Juries Act, which we have disallowed, we thought it better to do as we have done. But you will keep this authority secret till you have occasion to use it. Mr. Grimball complains of restraints placed on him by you, that makes his place irksome to him. We would have you rather make it as easy as possible. Signed. Craven, Ashley, P. Colleton, Tho. Amy. [Col. Entry Bk., Vol. XXII., pp. 227–231.]
April 12. 270. Lords Proprietors of Carolina to the Deputies and Council of South Carolina. We have seen an Act to provide indifferent jurymen in all civil and criminal causes, the provisions of which we think unreasonable and dangerous, and likely to leave the most enormous crimes, especially piracy, unpunished. The sheriff by this Act is to write the names of the persons in the County by twelves, two of which papers are to be drawn, and one of these again drawn, which last is to contain the jury for next court. It would be easy to insert the name of some notorious favourer of pirates in every list; and we disallow the said Act. We have also seen an Act to regulate electing for the Assembly, which makes all persons worth £10 electors. We think that electors ought to be freeholders and as the Act does not even provide that electors should be resident, thus possibly giving every pirate a vote, we disallow this Act. We have however confirmed the Act to prevent swine running loose about Charlestown, being ready to confirm all useful Acts. We have sent you new instructions as to passing laws, and we hereby forbid you to ratify any laws that impair our powers. The French complain that they are threatened to have their estates taken from their children after their death, as they are aliens. We have sent a declaration to ease their minds herein. They complain also that they are obliged to begin their divine service at the same time as the English. They must not be molested herein, but be free to choose their own time. They have also been told that their marriages are not valid nor their children legitimate, because their ministers are not ordained by a bishop. This is opposed to the liberty of conscience that prevails in England, and which we have granted under our Patent. These things must be remedied and the French encouraged in every way. We would have a larger allowance made to Joshua Hobson, Mr. Grimball's deputy, who suffered from Mr. Sothell's usurped authority. The Juries Act sets apart the fines of jurymen for the Treasurer, to be disposed of by the General Assembly. We know of no precedent for this, and you will take care that no such clause is again passed. We have appointed Thomas Smith to be Sheriff of Berkeley County, but he will not therefore cease to be a deputy. Signed. Craven, Ashley, P. Colleton. [Col. Entry Bk., Vol. XXII., pp. 232–234.]
April 12. 271. Lords Proprietors of Carolina to Paul Grimball. We have given the Governor instructions to sue for recovery of our rents. You are too hard and too soft in the matter of our rents, so will act entirely under his orders. You ought to have accepted James More's offer as to payment of his rent and arrears. We send you the Act of Parliament for distraining for rents that you may know the law, for the laws of England, whatever people may object, are in force in Carolina. We have ordered the Governor to let the bonds and licences of taverns be issued from your office, and to make your post as easy as possible for you. You will study and observe our new instructions as to passing laws. You will pay the Governor's salary constantly out of any money of ours in your hands, excepting from the proceeds of sale of lands. People may pay their rents in the counties where they reside, if they wish. Signed. Craven, Ashley, P. Colleton. [Col. Entry Bk., Vol. XXII., pp. 235–236.]
April 12. 272. Lords Proprietors of Carolina to Mons. Trouillard, and others, ministers in Carolina. The hardships imposed on you are against our will and desire, and contrary to our constitutions. What hand you had in rejecting those constitutions you best know, and we hope that you may not suffer for hearkening to men who misled you. However we have issued a declaration to ease you of your hardships. Had our constitutions being ratified in Parliament, you would have been on the same footing as Englishmen and in no need of our assistance. Do not be misled by our and your enemies. You will find the Proprietors your best friends. Signed. Craven, Ashley, P. Colleton, Tho. Amy. [Col. Entry Bk., Vol. XXII., p. 236.]
April 12. 273. Minutes of Council of Massachusetts. Isaac Addington appointed Registrar of the Court of Chancery. Mr. Usher's accounts were inspected, and he himself being present showed that it was false that there were £2,500 in the Treasury at the beginning of April, 1689. Order for payment of a bill of £512 drawn by Mr. Increase Mather for the service of the country. Commissions for the War-Committee approved.
April 13. Order for erection of a fort at Saco River to annoy the enemy, and for 300 militia to be detached for the purpose. John Usher's accounts referred for further consideration. [Col. Entry Bk., Vol. LXIV., pp. 230–232.]
April 13. 274. Minutes of Council of New York. Orders for sundry payments to Robert Livingstone and of £650 for the general cost of the late expedition to Albany.
April 14. It was reported that two of the bills sent by Maryland in payment of her contribution of £100 towards defence of the frontier, had been protested and the third paid. The Governor represented the difficulty ahead, since Mr. Livingstone was considerably indebted for subsisting the fusiliers at the frontiers, and unless their debts were discharged he could get no more credit; besides which sums were wanting to pay the troops that were to be discharged, and the former taxes were not yet paid. Resolved that the frontier is the first thing to be regarded and that all the money in hand be devoted to that object, also that Robert Livingstone be authorised to collect the arrears of taxes in the Island of Nassau for payment of the troops. The Governor, before taking his leave for Pennsylvania, urged upon the Council to see to the payment of the forces on the frontier and to the conciliation of the Indians. The Clerk of Council directed to attend the Governor. [Col. Entry Bk., LXXV., pp. 414–416.]
April 15. 275. The King to Governor Sir William Phips. In the terms of Order in Council of 26 January, 1693, as to prosecutions for witchcraft. (See No. 33.) [Col. Entry Bk., Vol. LXII., pp. 418, 419.]
April 15.
Cul de Sac,
276. Minutes of the Council of War in the West Indies. Question put whether the forces land and destroy Fort St. Pierre first or Port Royal. Resolved to land at St. Pierre and that the fleet sail to-morrow night with that object. This entry is dated 25th, evidently by error. [Col. Entry Bk., Vol. XII., p. 337.]