America and West Indies: July 1701, 16-19

Calendar of State Papers Colonial, America and West Indies: Volume 19, 1701. Originally published by His Majesty's Stationery Office, London, 1910.

This free content was digitised by double rekeying. All rights reserved.

'America and West Indies: July 1701, 16-19', in Calendar of State Papers Colonial, America and West Indies: Volume 19, 1701, (London, 1910) pp. 353-369. British History Online [accessed 12 April 2024]

July 1701

July. 16. Memorial from Col. Fox relating to the state of the Leeward Islands read.
Memorial from Mr. Bass read. Thereupon ordered that letters be prepared to the Governors of Virginia and Maryland to require them to get and send over authentic proofs of the misdemeanours of the Proprietary Governors and Governments in their neighbourhood and that Memorandums to the same purpose be also given to the Lord Cornbury and Col. Dudly when they shall be ready to repaire to their respective Governments; and the like Memorandums also to Mr. Randolph, when he shall go for America.
Representation signed, wherewith to lay before their Excellencies the draught of Brigadier Selwyn's Commission.
The Lord Cornbury laid before the Board a Memorial relating to the arrears of pay due to the soldiers at New York, etc. Mr. Champante ordered to attend.
Two Messengers of the House of Commons praying for some consideration for their pains in bringing several Orders of that House to this Office, 10s. ordered to be given them.
Their Lordships took into consideration a draught of Instructions for the Lord Cornbury, and made some progress therein.
July 17. Mr. Champante attending, acquainted their Lordships that the arrears of 4,573l. 8s. mentioned by Lord Cornbury is the same he had already explained in his account (June 25 etc.). The Lords of the Treasury had ordered him to apply himself to the Lord Renelagh for the subsistence due to the soldiers at New York, and he was attending his Lordship for his directions about putting in the security that shal be thought fit, in order to his receiving that subsistence.
Their Lordships made a further progress in considering the draught of Instructions for the Lord Cornbury. [Board of Trade. Journal, 14. pp. 105–110.]
July. 16. 646. Governor Edward, Lord Cornbury to the Council of Trade and Plantations. Upon June 27th your Lordships were pleased to order some arms and ammunition for New York, and 20 men to recruit the four Companies of Foot now there. Since that time a ship is arrived from New York, by which there is an account that forty men have deserted from the two Companys at York, besides what has deserted from Albany, of which there is yet noe perticular account. It is therefore humbly submitted to your Lordships' consideration, whether it will not be proper that a greater number of men may be sent to that Province then what is above mentioned, and if soe, whether it will not be reasonable that some levy money may be allowed for the raising such a number of men as your Lordships shall think convenient. The desertion of the soldiers is chiefly occasioned by the great arrears of subsistence and clearings, and the want of cloaths, the four Companys having an arrear of noe lesse than 4,573l. 8s. owing to them from March 26, 1699, to May 20, 1701, besides what has accrued since that time. The most effectual means to prevent a total desertion of the souldiers in that Province will be to pay off that arrear, and it will be almost, if not altogether impossible to contain them within their duty without it. Whether your Lordships will be pleased to recommend this matter to the Lords of H.M. Treasury, or what other method your Lordships will be pleased to subscribe, is most humbly submitted to your consideration. Signed, Cornbury. Endorsed, Recd. Read July 16, 1701. 1 p. [C.O. 5, 1046. No. 30; and 5, 1118. pp. 388, 389.]
July. 16.
647. Council of Trade and Plantations to the Lords Justices. Enclosing the following Commission and Instructions. Signed, Stamford, Ph. Meadows, Abr. Hill, Mat. Prior. Annexed,
[July. 31.] 647. i. Commission for Brigadier William Selwyn to be Captain General and Governor in Chief of Jamaica and the territories depending thereon in America. Signed by the Lords Justices, Westminster, July 31, 1701. Countersigned, Wright. [pp. 171–192.]
[July. 23.] 647. ii. Instructions for Brigadier William Selwyn as Governor of Jamaica. You are to repair thither with all convenient speed, and upon arrival to assemble the Council:—Peter Beckford, Peter Haywood, Charles Knights, Nicholas Laws, Henry Lowe, Thomas Ascough, Charles Chaplin, Josiah Heathcote, Charles Sadler, Thomas Clarke, junr., John Walters, Esq., and Sir Thomas Muddyford, Bart. You are to publish your Commission, take and administer the oaths, etc., to them, proclaim yourself Capt. General and Governor in Chief, and communicate to the Council such of your Instructions as you think fit. The Council are to have freedom of debate and vote, and to lose their places if absent from the Island without leave, or absent for the greater part of two years without his Majesty's leave under his Royal signature. You are to transmit the names and characters of 12 persons fit to supply the vacancies in Council, with all convenient speed, and upon vacancies to name others to the King. You are from time to time to send to H.M. and to his Commissioners for Trade and Plantations, the names and qualities of any Members by you put into the Council by the first conveniency after your so doing; and to take care that the Councillors and other officers be men of estates and abilities. You are neither to augment nor to diminish the number of Counsellors, as hereby established, nor to suspend any without good cause, and to transmit your reasons for so doing, as also to enter them in the Council Book. You are to observe, in passing Laws, that the stile of enacting the same, by the Governor Council and Assembly, be henceforth used, and no other. You are to transmit authentick copies of all Laws, Ordinances, etc., each of them separately under the public seal within three months of their being enacted, together with duplicates by the next conveyance, under pain of H.M. high displeasure and the forfeiture of that year's salary, unless no shipping come from the Island within that time. You are not to grant any Act for levying money or imposing fines whereby the same shall not be mentioned to be granted or reserved unto H.M. for the publick uses of that Island and the support of the Government thereof, as by the said Act shall be directed. Presents to the Governor to be granted in a similar fashion. And you are not to permit any clause in a Money Bill, whereby the same shall not be made liable to be accounted for unto His Majesty. Fair books of accounts are to be duly kept, attested and transmitted every half year to the Treasury and Council of Trade, and duplicates by the next conveyance. No public money is to be issued but by warrant of the Governor with consent of the Council. The Assembly is to have power to examine the accounts. No tax on wines, etc. is to be made to continue for less than one whole year, and all Laws, except those for a temporary end, are to be made indefinite and without limitation of time. You are not to re-enact any Law which has or shall have been once enacted, except upon very urgent occasions, but in no case more than once, without H.M. express consent. You shall not pass any Act whereby the price of current money, foreign or other, within your Government may be altered, without H.M. particular leave or direction.
And you are particularly not to pass any Law or do any Act whereby H.M. Revenue may be lessened without his especial leave or command. You shall not remit any fines or forfeitures, above 10l., nor dispose of any escheats without H.M. directions, but may suspend the payment of such fines and forfeitures till you receive directions. You are to use the most effectual means for discovering H.M. Quit Rents. The goods of pirates are to be secured in the hands of the King's Officers. The Secretary is to provide copies of the Acts and Journal of Council to be transmitted, and the Clerk of Assembly is to send over the Journal of their proceedings. You are to transmit by the first opportunity a Map of the whole Island, with the several Plantations and Fortifications upon it, together with a list of all officers and an account of public charges and the present Revenue. You are not to displace officers without good cause, to be signified to H.M. and the Commissioners for Trade and Plantations, and to prevent arbitrary removal of Judges and Justices of the Peace, you shall not express any limitation of time in the Commissions which you are to grant, with the advice and consent of the Council, to fit persons for those employments; nor shall you execute yourself, or by Deputy, any of the said offices, nor suffer any person to execute more offices than one by Deputy.
Whereas H.M. is given to understand that there are several offices within his said Island granted under the Great Seal of England, and that his service is very much prejudiced by reason of the absence of the Patentees, and by their appointing Deputies not fit to officiate in their stead, you are, upon your arrival in Jamaica, to inspect the said offices and to enquire into the capacity and behaviour of the persons now exercising them, and to report thereupon to H.M. and to his Commissioners for Trade and Plantations, what you think fit to be done or altered in relation thereunto; and you are upon the misbehaviour of any of the said Patentees or their Deputies, to suspend them, till you shall have represented the whole matter and received H.M. directions therein; but you shall not by colour of any power or authority hereby as otherwise granted take upon you to dispose of any office or place which now is, or shall be granted under the Great Seal of England. You are not to erect any new Court of Judicature, nor dissolve any Court or Office already established. In all matters relating to pirates you are to govern yourself according to the Act for the more effectual suppression of piracy, and to send accessories to be tried in England. You are to transmit an account of all Courts, Offices, Privileges, etc., to the end that you may receive H.M. especial directions therein; and shall take especial care, with the advice and consent of the Council, to regulate all salaries and fees, and that tables thereof be hung up in all public places, where such fees are to be paid, and transmit copies thereof. A Court of Exchequer is to be called when needful. You are to take care that none is punished but by known Laws, not repugnant to the Laws of England, and to administer the oaths, etc., Test and Association, to all publick Officers. You are to permit liberty of conscience to all persons (except Papists), so they be contented with a quiet and peaceable enjoyment of the same, not giving offence or scandal to the Government. You are to send an account yearly of all the inhabitants, and how many are born, christened and buried. You shall take care that all Planters and Christian servants be well and fitly provided with arms, and that each Planter keep so many whites as the Law directs, and that they appear in arms at all such times as they shall be required; you are to take care that frequent and unnecessary marches are not taken. You are not to execute Martial Law without consent of the Council. You are to recommend unto the Assembly the passing of an Act for punishing mutiny and desertion. An inventory of all warlike stores within the Island is to be transmitted upon your arrival, and thenceforward yearly. You are to take especial care that fit Store-Houses be settled in the Island for keeping arms, etc., and publick stores, and to send an exact account of the state of defence of the Island. You are to cause a survey to be made of all harbours and landing-places and to recommend the building of fortifications to the Assembly. The sole power of impressing seamen is vested in the Governor, to whom any Captains of ships of war are to make application, and who is to take care, upon such application, that H.M. ships of war be furnished with the necessary men. Due entries are to be made of goods exported and imported, and copies transmitted yearly. You are to send an account of the rates and duties upon imports and exports half-yearly. You are to encourage the officers of the Admiralty and Customs. You are to give an account of the strength of your neighbours. You are to take especial care that God Almighty be devoutly and duly served throughout your Government, the Book of Common Prayer, as by Law established, read each Sunday and Holy Day, and the Blessed Sacrament administered, according to the rites of the Church of England, and the Churches well and orderly kept, and that more be built as the Colony shall by God's blessing be improved, and that a competent maintenance be assigned to the minister of each orthodox Church, a convenient house be built at the common charge for each minister and a competent proportion of land assigned to him for a glebe. You are to take care that parishes be so limited and settled as you shall find most convenient for the accomplishing of this good work. No minister is to be preferred to any benefice without a certificate from the Bishop of London. Any minister giving scandal, either by his doctrine or manners, is to be removed, and his vacancy supplied. You are to give order forthwith, if the same be not already done, that every orthodox Minister be one of the Vestry in his parish, and that no vestry be held without him, except in case of sickness, or that, after notice of a Vestry summoned, he omit to come. You are to acquaint the Bishop of London if any are Preachers without being in due Orders. You are to endeavour with the assistance of the Council that good and sufficient stipends be ascertained unto the Ministers in every parish. And to the end the Ecclesiastical Jurisdiction of the Lord Bishop of London may take place in that Island, so far as conveniently may be, you are to give all countenance and encouragement to the exercise of the same, excepting only the collating to benefices, granting licences for marriages and probate of wills, which H.M. hath reserved to the Governor. No Schoolmaster is to keep school without a licence from the Bishop of London, and your licence. A Table of Marriages is to be hung up in the Churches. You are to punish drunkenness, debauchery, swearing and blasphemy, and admit none to public trusts and employments whose ill-fame and conversation may occasion scandal. You are to suppress the engrossing of commodities, as tending to the prejudice of that freedom, which Commerce and Trade ought to have, and to settle such orders and regulations therein with the advice of the Council, as may be most acceptable to the generality of the inhabitants. You are to encourage merchants, particularly the Royal African Company, and as H.M. is willing to recommend to that Company that the said Island may have a constant and sufficient supply of merchantable negroes at moderate rates, in money or commodities, so you are to take especial care that the payment be duly made, and within a competent time according to their agreement; and also that trade from Jamaica to Africa be according to the Act for settling the Trade to Africa. You are to send an account of negroes yearly supplied, and also of the defects and improvements of the Island. You are to observe the Treaty of Madrid, 1670, and to inform H.M. if any injury be done to his subjects by those of the King of Spain, and not permit or encourage reparations to be made by any other way than is agreed by Treaties. You are particularly not to grant letters of marque or reprizalls against any Prince or State in amity with H.M. Appeals from the Courts are to be permitted, in cases where the value exceeds 300l. and security is first given to the Governor and Council, wherein such of the Council as shall be at that time Judges of the Court from whence such appeal is made, shall not be admitted to sit and vote upon the Appeal, but may be present at the hearing and give the reasons of their judgment. At the hearing of such Appeals any three or more of the Judges of the Supreme Court are to be present. Appeals to H.M. are to be allowed from this Court, provided the value appealed for exceed 500l., and that such Appeal be made within fourteen days after sentence, and that good security be given by the Appellant, as likewise in all cases of fines of 200l. and more. You are to endeavour to get a Law past wherein shall be set the value of men's estates, either in goods or lands, under which they shall not be capable of serving as jurors, and also a Law for the restraining of any inhuman severity which by ill Masters or Overseers may be used towards their Christian servants and their slaves, and that provision be made therein that the wilful killing of Indians and Negroes may be punished with death, and that a fit penalty be imposed for the maiming of them. You are also, with the assistance of the Council and Assembly, to find out the best means to facilitate and encourage the conversion of Negroes and Indians to the Christian Religion. You are to recommend to the Council and Assembly the raising of stocks and building of publick work-houses in convenient places for the employing the poor and indigent people. And whereas H.M. is informed that a donation formerly made in St. Andrew's Parish has been diverted from the intended use, H.M. will and pleasure is that you make enquiry concerning the same, and take care that the said donation be rightly applied. You are to propose an Act, whereby the creditors of persons becoming bankrupts in England, and having estates in Jamaica, may be relieved and satisfied for the debts owing to them. All servants that shall come to be transported to the said Island, shall serve their respective Masters for the term of four years from the time of their landing, and every person that shall transport servants thither, shall for each so carried have set to him, upon the landing and employment of the said servants, 30 acres of land to have and to hold to him the said Master, his heirs and assigns for ever, and the said servants shall at the end of the said term have 30 acres of land set out and assigned to every of them respectively, to have and to hold to them and and every of them, their heirs and assigns for ever.
You are to take unto yourself as Capt. General and Governor in Chief 2,000l. sterling per annum out of H.M. revenue arising within the said Island, as also other fees and perquisites usually accruing and duly received by the Governor in Chief, and you are to pay out of H.M. Revenue to the Chief Justice 120l. per annum, and to the other Judges and Officers their salaries, and to the Captains that command the Forts 6s. per diem, and to the Gunners and Matrosses what has formerly been paid. You are not to come to Europe without H.M. leave, but may go to the Northern Plantations, if your health requires. The Council are to forbear passing any Laws, unless absolutely necessary, when the Government devolves on them. You are empowered to pass a law for maintaining an Agent in England, or may allow voluntary contributions for that purpose to be made, but the amount allowed is not to exceed 300l. When any complaint shall be intended against you, notice is to be immediately given you by the complainants, with the charge against you in writing, to the end you may make timely preparation for your defence. You are to assist other Plantations in distress, upon application of their Governors, with what aid you can spare. You are to do anything for the security and advantage of the Island, giving speedy notice thereof, but you are not to declare war without H.M. command. And whereas the Lords Spiritual and Temporal in Parliament, upon consideration of the great abuses practised in the Plantation Trade, have by an humble Address represented to his Majesty the great importance it is of, both to this kingdom and to the Plantations in America, that the many good laws which have been made for the Government of the Plantations, and particularly the Act for preventing Frauds, etc., be strictly observed, you are therefore to take notice that, Whereas notwithstanding the many good laws made from time to time for preventing of frauds in the Plantation Trade, it is nevertheless manifest that very great abuses have been and continue still to be practised to the prejudice of the same, which abuses must needs arise from the insolvency of the persons who are accepted for security, or from the remissness or connivance of such as have been or are Governors in the several Plantations, who ought to take care that those persons who give bonds, should be duly prosecuted in case of non-appearance; his Majesty takes the good of his Plantations and the improvement of the Trade thereof, by a strict and punctual observance of the several laws in force concerning the same, to be of so great importance to the benefit of this his Kingdom and to the advancing of the duties of his Customs here, that if he shall be hereafter informed that at any time there shall be any failure in the due observance of those laws within the foresaid Island, by any wilful fault or neglect on your part, H.M. shall look upon it as a breach of the Trust reposed in you, which he shall punish with the loss of your place in that Government, and such further marks of his displeasure as he shall judge reasonable to be inflicted upon you for your offence against His Majesty, in a matter of this consequence, that he now so particularly charges you with. [pp. 193–234.] [C.O. 138, 10. pp. 169, 171–234.]
July. 16. 648. Minutes of Council of the Massachusetts Bay. Whereas by reason of the Lieut.-Governor, late Chief Justice, and Judge of the Probate, County Suffolke, those offices are become vacant, ordered that on Friday, Aug. 1, a general Council be held for the filling up of those vacancies, and that the Members of the Council absent be notified thereof and desired to be then present.
Ordered that Elisha Hutchinson be Capt. of H.M. Castle on Castle Island, in the room of Capt. John Fayerweather, the present Commander thereof, who is hereby discharged. His Commission and Instructions were drawn up and signed by 15 of the Members of Council present at the Board (out of 18), as also was an Order to Capt. Fayerweather to surrender to him the charge of the Castle etc., and a Commission to Nathaniel Holmes, Lieut. of the same Castle, continuing him in that place.
Abigail Wentworth, late Goffe, executrix of her husband, Christopher Goffe, late of Boston, mariner, presented an accompt of her administration and made oath unto ye same.
Capt. Josias Crowe, H.M.S. Arundel, making known to the Board that by reason of death and desertion, he wants eleven men to complete the number appointed for his ship, a warrant to Mr. Sheriff Gookin for the impressing said number of men was signed. [C.O. 5, 788. pp. 69, 70.]
July. 16. 649. Minutes of Council and Assembly of New Hampshire. Petition of Benjamin Shaw, on behalf of his son, Roger Shaw, was read and on file.
Ordered that Benjamin Fifeild and Thomas Roby attend tomorrow and bring with them their accounts, how and to whom they paid the publick money, which they had warrants to collect according to Act of Assembly, in order to adjusting accounts with the Treasurer.
An Additional Act to the Law Title Marriages (sic) was read.
The Representatives sent up to pray the Board to consider of the former proposealls about settlement of Townships and Town-Bounds.
July 17. The Lieut.-Governor read a letter from Isaac Addington, Boston, June ultimo, 1701, relating to the laying of impositions of tunnage etc. upon open vessels trading betwixt that Government and this, which was sent down to the Representatives. The Representatives sent up a proposal to repeal a former Law about small vessels paying tunnage and other duties, trading betwixt the Massachusetts Government and this Government.
Benjamin Fifeild and Thomas Roby appeared, and being examined what sums they were in arrear, were ordered to pay the same to the Treasurer in a week's time.
Petition of Benja. Shaw was read again, relating to money due to his son for work at the Fort at Newcastle. It was found that he, Benjamin Shaw, was paid for what was due by Constable Roby of Hampton.
4l. 8s. 5d. paid to the Lieut.-Governor, William Partridge, for sundries owing him by the Province.
William Cotton's account, Feb., 1699, to Sept., 1700, for riding etc., about Province business was read, amounting to 3l., allowed but 2l. 10s. thereof.
John Hinkes was ordered to be paid 78l. 6s. 3d. out of the next Province rate for the service of himself and soldiers at Fort William and Mary, May 17, 1700-May 17, 1701.
Saml. Comfort's account paid for oars for the Fort boat. [C.O. 5, 789. pp. 43–46.]
July. 17.
650. Order of Lords Justices in Council, approving of the preceding Commission, July 16, with alteration of according to law instead of according to the law of arms, and ordering Mr. Secretary Vernon to prepare a warrant for their Excellencies' signature. Signed, John Povey. Endorsed, Recd. 22nd, Read July 23, 1701. ¾ p. [C.O. 37, 5. No. 40; and 138, 10. p. 170.]
July. 17.
651. Mr. Yard to the Council of Trade and Plantations. The enclosed petition and address from the inhabitants of East and West New Jersey having been laid before the Lords Justices, their Excellencies desire you to report what you judge proper to be done. Signed, R. Yard. Endorsed, Recd. Read July 18, 1701: 1 p. Enclosed,
651. i. Petition of the Inhabitants of East New Jersey to the King. Col. Hamilton, appointed by the Proprietors, but not having your Majesty's approbation, has assumed the Government, and by force of arms holds Courts to the great terrour of your Majesty's good subjects, and has pressed sundry persons to his assistance therein, some of whom he has imprisoned and fined for no other cause but for refusing obedience to his illegal authority, commanding them to take up arms against their peaceable neighbours. We labouring under these and many other grievances and oppressions by the Proprietor (sic), humbly implore your Majesty to command the Proprietors (if the right of Government is invested in them) that with your Majesty's Royal approbation they commissionate for Governor a fit person qualified according to law, who as an indifferent judge may decide the controversies arising between the Proprietors and the Inhabitants, and settle all the differences which at present they labour under. Or if otherwise your Majesty be graciously pleased to take the Government immediately into your own hands, we humbly pray that East and West New Jerseys may be one distinct Government. 125 Signatures. 4 pp.
651. ii. Humble Address of Inhabitants of West New Jersey to the King. We have for many years inhabited your Majesty's Colony, where with great hazards, toyle and fatigues, we have been endeavouring ye maintenance of ourselves and poor families, and have with all cheerfulness manifested our Loyalty to your Majesty, tho' under a Proprietory Government, where we have long been harrassed by the arbitrary proceedings of those who have held the reins of Government over us, and are now grown so headstrong and insolent that they would submit to no authority, unless they could sway them to their own particular interests, as hath been plainly evidenced by their behaviours under ye late administration of Jeremy Basse, wherein it might be thought incredible (especially for a people who have profest themselves innocents) to relate not only their continued affronts and unsufferable provocations, both towards himself and those who by commission under him endeavoured the conservation of the Peace, according to your Majesty's laws; yet such were ye inveteracy of that sort of people, that notwithstanding all his candid endeavours, when the Magistrates, who were by him commissionated, appeared at the Court House to hold a Court, they were not only kept out, but also with violence set upon, assaulted, beat and some wounded by a riotous number of Quakers and others their adherents. Upon complaint whereof Gov. Bass went in person to the place, and in opposition to him the Quakers with many others by their means with colours, drums and arms, were gathered together, who with high menaces declared their cruell intentions, if he came there, whereupon he called several sober persons to go along with him as a guard to defend him from their violence, and came to the Court House door, where the aforesaid riotous crew were gathered together, but had then hid their arms, but instead thereof many of them had furnished themselves with formidable clubs to hinder him entering into the Court House, which they kept lockt up, and refused upon his peaceable demand to open, whereupon at his order it was forced open and the heads of the same Rioters at the same Court presented. Since which time, Col. Bass being superceded by a Commission to Col. Hamilton, the same Rioters instead of being called to Justice, are many of them advanced, some of them being chosen of the Governor's Council, Assembly Men, and others made Justices, and all offices in their hands, so as those who peaceably submitted to the preceding Government, were greatly menaced, and some presented and sued at their Courts for their due discharge of their duty, and of late under the present administration, the Representatives having lessened the Countrye's number thereof to one half, have laid a prodigious tax (with respect to our present indigencies) which tho' they call moderate, yet it's so high as there has never been the like since this was a Colony, and the inhabitants mostly suppose the summ it will amount to is not at this time in the Province, neither do the inhabitants know what use they intend it for, save only some of them have given it out that they would raise a summe of money to wage Law (sic) with your Majesty for the Government, which they would make us pay. We, therefore, humbly conceiving that Assemblies here can make no Law or lay taxes upon your Majesty's loyal subjects, which the Governor can give a sanction to, unless he had obtained your Majesty's approbation as Governor, conceive they have not power to take away ye countries former priviledges, or impose such heavy taxes upon us, and although we exceed the Quakers Parties in numbers, yet by their close contrivances at their pretended monthly, quarterly and yearly religious meetings, they outdo us in elections, by giving out to others who are simple, and also as covetously inclined as themselves, that if they vote not against us, and get an Assembly of their own choice, we shall bring in the Black Coats, or Priests (as they call them), and a Militia (which indeed we have not, but lye naked to all enemies). Yet nevertheless the country finding they would not admit of the number of Representatives which by Law has been appointed, we were also elected to make up the former number, and accordingly met the other part of the Representatives at the time and place appointed, but were refused and rejected from offering our advice with them, which we proposed for the Peace and Tranquility of the Colony, so that we still lye naked and open to all their unreasonable impositions, which tho' we have been long sufferers under, we should like poor Issacers have still bowed our backs to bear rather than to have presumed at this juncture to crowd our complaints into your Majesty's audience, had we not been informed that the other part of the Representatives, who lord it over us, are sending an Address to your Majesty, the purpose whereof we being strangers to. We implore your Majesty's protection, that we may be under such Governor as shall more directly act under your Majesty's Commission which we hope will calm and screen us from the rage and insolencies of those who otherwise will never be satisfied without trampling upon us. Signed, Tho. Revell, Nat. Westland, Jn. Holme, Tho. Killingworth, Jos. Adams, Oba. Holmes, Tim. Brookes, Ralph Hunt, Mat. Allen, Wm. Bude, Ant, Elton, Rich. Finimore, Rob. Wheeler, Geo. Tayler, Shamgar Hand, Jn. Shaw, Jn. Rudderow, John Jewell, Collector and Surveyor. Burlington, May 16, 1701, 4 pp. [C.O. 5, 1261. Nos. 9, 9.i., ii.; and 5, 1289, pp. 112–129.]
July 18.
652. Lieut.-Governor Elrington to the Council of Trade and Plantations. General Codrington has bin informed that one Mr. Mead is goan to England to lay severall complaints against him before your Lordships, and for his justification he lately sent me a letter to call the Council and Assembly of this Island, to certifie whether he has deserved all such complaints, which letter, as well as the certificates signed by every Member, Councell and Assembly both, I enclose, where the impudence and malice of Mr. Mead may be plainely seen, with submission to your Lordships for useing the expression. Mr. Mead was one of the Jacobite party, as it was called lately in this Island, at the time that Col. Gardner was Lieut.-Governor, and was present when Sir William Stapleton drew his sword against the said Lieut.-Governor and thrust at him several times, but was prevented by som Gentlemen that stood by from doeing each other mischief. Mr. Mead som time after came very gravely to Col. Gardner and desired him not to be under any concern for that their party should doe him no harm. It is most certain that Mr. Mead has don more irregular things than any man in the Government, and has indevoured to corrupt the people, and to give Laws to his Superiors in these parts. Signed, R. Elrington. Endorsed, Recd. 15th, Read Sept. 16, 1701. Addressed. 2 pp. Enclosed,
652. i. Governor Codrington to Gov. Elrington. Antigua, July 4, 1701. Look you, Honest Roger, I despise Mr. Mead so heartily yt. I neither care whither he is gone, nor what his bisnes is, as he is much fitter for his original occupation of selling punch than managing the King's Customes, so he is much more worthy of footman's cudgel than a gentleman's resentment. When the Lords transmit his complaints to me, I'm prepared to answer them to his confusion and my own honour; in ye mean time, because he'l have the first word, and make a noise before I can be heard, I desire you'l call ye Council and Assembly, and if they think I have behaved myself with justice and have sought the publick good sincerely, and not my own advantages, I desire they will say so, if not, let truth prevail and me be shamed. If a Governor must see all the injustice and oppression imaginable, and not dare interpose for fear of a complaint from such a scoundrel as Mr. Mead, I am not fit to be Governor here, and they must ev'n send from home a Tom Turd or a Tom Fool, or a Coll. Holt, or any other wretch fit to be bribed or aw'd by such an over-grown raskall as Mr. Mead. I'm sure, I am so little fond of the Government, yt. if I thought they would make yourself or Col. Williams, Col. Mathews or Col. Fox, or any honest gentleman Chief Governor here, I would quit to-morrow. I desire when the General Assembly of Nevis have said what they think themselves obliged to in honour, without any partiality, yt. you would transmit home to ye Lords, both their representation and this letter. I alwais speak as I think, and will alwaise justify al I say and what I doe. Signed, Chr. Codrington. Addressed. Holograph. 2½ pp.
652. ii. Representation of the Representatives of Nevis. Nevis, July 9, 1701. In testimony of the justice and integrity of Governor Codrington. Signed, John Ward, Speaker, Tho. Goare, Sam. Gardner, Robert Lorey, Tho. Belman, Jno. Hanley, Joseph Symonds, Tho. Minor, John Choppin, Sam. Clarke, Thomas Butler, Tho. Bridgwater, Michl. Williams, William Chezus, Wm. Child. 1 p.
652. iii. Representation of Council of Nevis, Charles Town, July 9, 1701. In testimony of the excellence of Col. Codrington as a just and impartial Governor. He hath caused good Laws to be made and the laws to be put in general, used all means of putting the Islands in a due posture of defence, and bin himself present at each Island. Signed, R. Elrington, Wm. Burt, Dan. Smith, Jno. Smargin, Richd. Abbott, Wm. Butler, J. Bevon, Aza Pinney, Wm. Ling. 1 p. [C.O. 152, 4. Nos. 38, 38.i.–iii.; and 153, 7. pp. 229, 230.]
July 18.
653. Journal of Council of Trade and Plantations. Capt. Delaval, who is now going to Barbary to finish the redemption of the captives, enquiring whether their Lordships are ready to report upon the project of a Treaty with Morocco, and the merchants who had been sent for upon that occasion not having yet attended, ordered that they be again summoned for Tuesday next.
Letter from Mr. Yard, July 17, with copies of a Petition and an Address from the Proprietors [sic] of East and West New Jersey, read. Ordered that Mr. Lewis Morris, a gentleman lately come from those parts, have notice to attend.
Brigadier Selwyn offered several things to their Lordships' consideration relating to Jamaica and to his Instructions, but promised to lay a particular Memorial thereof before the Board in writing.
Draught of letters to the Governors of Maryland and Virginia agreed upon. [Board of Trade. Journal, 14. pp. 110, 111.]
July 18. 654. Minutes of Council and Assembly of New Hampshire. Petition of Major Wm. Vaughan, Recorder, was read relating to a complaint exhibited against him to the House of Representatives by Samll. Penhallow and Saml. Keais for refusing to give them a deed of gift given him to record etc. Ordered that he be allowed a hearing before the Lieut.-Governor and Council, as he desires, and that time be given him to make his answer till to-morrow.
Vote sent up by the Representatives that for time to come the Clerk of the Assembly, and in his absence the Clerk pro tempore shall be allowed 18d. per diem for his writing and finding paper, etc., read.
Vote sent up by the Representatives that, to prevent any difference that may arise concerning the bounds of the towns, the House prays that the said bounds be ascertained as near as may be according to the former settlement, and that such land lying between Portsmouth and Exeter as hath not hitherto been within any town, may be now laid out to some next most convenient town or towns, as shall be thought most meet, and this to be enacted into a law for the sure confirmation thereof.
Vote sent up from the Representatives that a Committee be appointed to copy out such Laws as hath formerly been passed in this Province, which shall be thought needfull against next sessions of this House, in order to be printed.
Vote sent up that an Act be passed that no shopkeeper be permitted to keep a public house nor retail any manner of strong drink, and that from this day they shall be allowed three months and no longer to sell what they have laid in, notwithstanding any Law, Usage or Custome to the contrary. Read and passed.
An Order for the better settlement of the Bounds between Portsmouth, Hampton and Exeter (as above) was read. Copy ordered to be sent to those towns.
July 19. Petition of Nathaniel Ayres, relating to a case depending between him and Abraham Clements, was read again and granted. Ordered that the Secretary issue forth a supersed(e)as to stop ye execution against Nathaniel Ayres.
Major Vaughan delivered his answer, as ordered July 18. Ordered that the original deed of gift mentioned in the complaint, remain in Major Vaughan's hand, and that the said Vaughan as Recorder if said deed be not already recorded, forthwith record the same and give attested copies to the complainants or any other person concerned, when regularly demanded of him.
Referring to the vote of the Representatives, July 17, for repealing the Law about small vessels paying duty trading between the Massachusetts Government and this, and because the Act is near expiring, ordered that the Treasurer or Collector of the duty doe hereafter forbeare the demanding or receiving any such duty more then what was accustomary before said Act was made.
Major Wm. Vaughan took the oath of Recorder.
Ordered that James Banker, Dover; Jeremiah Gillman and Andr. Wiggins, junr., Exeter; and Joshua Peirce, who were Constables in 1698, appear and bring their accounts.
6l. ordered to be paid to Richard Jose for extraordinary service to the Province.
Vote of the Representatives sent up, that one of the Members of this House belonging to Hampton having by his misdemeanour, contrary to the Orders of the House, occasioned his dismission from the House, the others belonging to Hampton humbly pray the vacancy may be made up. Writ ordered to issue accordingly. [C.O. 5, 789. pp. 49–59.]
July 19.
655. Governor Haskett to the Council of Trade and Plantations. With humble submission may this returne your Lordships my hearty thanks for the honour done me by your recommendation to his Majesty, for whose honour and interest I would willingly spend both life and estate. Describes the Island of Providence. The fruits are oranges, lemons, pines and grapes in abundance, pumgranetts and several other sorts of fruit, which are common in the West Indies. Here is a great plenty of good fish, and turtle all the year long. The land produceth sugar canes much larger than any in the West Indies, and here are several plantations now planted with them. Cotton-wool, indico and ginger are very plentifully produced here, and all other roots that are common in America. Here are in the town of Providence about 300 houses little and great and familys proportionable in number to the houses; here is a church that will hold 1,000 people, built by the Inhabitants, tho' very few resort to it, and a Fort of 32 guns, built by the Lords Proprietors, as well built as any in the West Indies of its biggness.
Here are two sorts of people, the best sort are of an uneasy and a factious temper, drove out of Jamaica, Barbados, New England and such like places, who neither believe that they ought to be subject to the power of God or the commands of the King, not scrupling to do all manner of villany to mankind, and will justifie and defend others which have done the like. The other sort are Malaiters or halfe negroes, which the better sort value mightily, for their goeing out in sloops and cruseing (as they call it) to search for wracks, and if they miss finding any they are sure to make one before they return again, as happened about six months before my arrival (viz.), a French ship from Spaniola loaden with fustick, indico, sugar and some money bound for France, happened to run ashoar on one of the Bahama Islands without staveing the ship or damnefieing much sugar, at which time one of these sloops went out and mett the ship ashoar with about 10 men in her, soe they betakes themselves to plunder her, and gave the ship's men a small boat with some provisions, and sends them back to Spaniola againe, as the Sloop-Master and some others reported; when soe done brings the ship's goods for Providence, which was about 2,000l. worth, and appraised the same for about 700l. or 800l., when done devides the same between four or five of the greatest villians that ever the world bread, the Deputy Governor and the Collector having their parts. Two of the confederates not having their shares gave me this information of the barbarous action, on which I sent a small sloop to look or hear after the men, who brought me word that they saw five men dead on a little land about six miles from the Island where the ship was. I believe they were all murdered for the sake of their rich cargo. Some men concerned I have imprisoned, and others obliged to give good security, until I know your Lordships' pleasure, for all I write I can sufficiently prove here. As for the Collector, Mr. Graves, he hath several times offered me bribes both in gold and in goods, but I refused all on that score, valluing a good reputation with your Lordships beyond all the people can give me. I very much fear my not sideing with them, and punishing their unjust actions may cause them to serve me as the Spaniards did one of the Governors of this place, which was to rost him alive, and cannot as yet foresee how I shall defend myself in the just execution of my office from their insults, unless your Lordships and the Lords Proprietors intercede with his Majesty for the appointing of about thirty souldiers with an officer for this place, the which will be of great service to the King and Lords Proprietors, thereby securing the Fort and a just Government, and for their pay and passage by way of New England or Carolina I will take care all charges shall be paid out of the public stock, and that they shall be paid after their arrival here every three months. Signed, Elias Haskett. Endorsed, Recd. 7th, Read October 9, 1701, 2 pp. [C.O. 5, 1261. No. 11; and 5, 1289. pp. 260–265.]
July 19. 656. Minutes of Council in Assembly of Jamaica. H.E. sent a message to the House, requiring the Minutes of the House to be laid before him. Answer returned that they should be on Monday. [C.O. 140, 6. pp. 384, 385.]