America and West Indies: September 1701, 26-30

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

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'America and West Indies: September 1701, 26-30', in Calendar of State Papers Colonial, America and West Indies: Volume 19, 1701, ed. Cecil Headlam( London, 1910), British History Online https://www.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol19/pp539-550 [accessed 12 December 2024].

'America and West Indies: September 1701, 26-30', in Calendar of State Papers Colonial, America and West Indies: Volume 19, 1701. Edited by Cecil Headlam( London, 1910), British History Online, accessed December 12, 2024, https://www.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol19/pp539-550.

"America and West Indies: September 1701, 26-30". Calendar of State Papers Colonial, America and West Indies: Volume 19, 1701. Ed. Cecil Headlam(London, 1910), , British History Online. Web. 12 December 2024. https://www.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol19/pp539-550.

September 1701

Sept. 26. The Burgesses requested the return of the Book of Claims from the Council, having no other business on hand.
Petition of Rodham Kenner and Nathaniel Harrison, members of this House, read, complaining that James Twyford last night had given them scurrilous and provoking language, challenged them to fight, and called the Burgesses a parcel of pitiful inconsiderable rascals. Resolved, that such words and such a challenge are a breach of privilege, and that Twyford be sent for in custody of the Messenger. After being heard, he was ordered on his bended knees to acknowledge his offence and beg the pardon of this House, and the forgiveness of Mr. Kenner and Harrison in particular, which he did, and was discharged out of custody, paying fees.
The Council announced that they agreed to the proceedings of this House concerning Blackwater and Pamunkey Neck lands, with two exceptions. The House adhered to their resolution.
The House accepted an additional clause proposed by the Council to their resolves as to the Revisal of the Laws, Sept. 3, 5 and 9.
The Council assented to the Book of Claims, provided that 146l. 8s. 3d. sterl. paid by Mr. Bird, and 63l. paid to Henry Tyler for 63 acres of land adjoining to the City of Williamsburgh to the lots assigned for the Governor's House, be added. To this the House would not agree.
Sept. 27. Resolves of the House relating to the Revisal of the Laws were returned from the Council agreed to.
Humble Address to H.M. representing that Mr. William Byrd, junr., is appointed Agent for this Colony, was returned from the Council agreed to. (Entered.)
Humble Address to H.M., representing the case between this Government and New York was returned from the Council with some amendments. It was ordered to be transcribed according to the amendments. The Address refers to the transactions of the Assemblies of 1693 and 1695. "We cannot find that there is any more at the bottom (of this proposal from New York for a quota) than an intention to secure to themselves the command of the whole trade with the Northern Indians for beaver and dearskins. ... We conceive ourselves to be every way as much exposed to the French and Indians as they are, great Nations of Indians to the South and West daily infesting our open frontiers, and even the Northern Indians from the Lakes and other places on the back of New York, passing far wide of them as being already well guarded by your Majesty's Forts and Garrisons, and falling upon us, who are naked and defenceless and scattered about in remote and separate Plantations. The French also on the Lakes, on the Meshashippi and on the North side of Cape Florida (where we are just now informed of their late settlement by a gentleman of good credit arrived here from South Carolina) having a very easy passage to us, besides that we live in the way of their ships, as they sail from the Gulf, and the Government of New York is no more a barrier to defend us from any of all these enemies than we are to them, and of the two they are the much more able, by reason of their cohabitacon, richer trade and more plentiful estates, to afford contributions to the other. Our estates arising purely from our hard labour in making tobacco, the profit whereof is exhausted by customs and impositions that amount to three or four times the price of the first cost we have for it, the lasting cause of the poverty of this country, particularly at the time of receiving your Majesty's letter, we were actually engaged in so many public and chargeable undertakings, the building of our Assembly and Court-houses, the Revisal of our Laws, the paying for the land of the City of Williamsburgh, besides the great charge of the pirates, which we had lately undergone, that before we received these your royal commands, we had addressed your Majesty for some assistance out of the Quit Rents to help us to defray the charge of what we had even then undertaken, and we are now contriving how to defend our own open frontier by sea and land, for which it will be a very hard matter to find out the ways and means, all funds being already so much exhausted, that we have laid taxes upon our very servants and slaves. And it will appear upon an impartial consideration of the number of our free men and the account of our arms compared with the largeness of the frontiers we have to defend, that we are as weak in men and arms as we are poor in money. Considerations offered against detaching a quota of men out of the country:—(1) Not to insist upon the charge and difficulty of transporting them thro' counties entangled with great rivers, swamps, woods and marshes, and that they will probably come too late for the assistance of New York in case of invasion, for every man carried out of Virginia for three months your Majesty will lose at least 20l. sterl. in customs. (2) Upon the first notice of such a detachment, most of the single men and poorer sort of house-keepers will remove themselves into the neighbouring Government of Carolina or elsewhere, where there is no quota required. (3) Hence the men to be detached must be free-holders and house-keepers, and in their absence their servants and slaves will not make above half the crops of tobacco they now make, which will lessen your Majesty's Revenue more than all the rest. (4) Between the French, Spanish and Indian enemies without, and the unruly servants and slaves, in their masters' absence, within, and the loss of so many men sent to New York, and so many more, who shall have removed themselves out of the country, the country will become an easy prey to an enemy. (5) And this country once lost, Maryland must run the same fate, as having all its trade thro' our Capes, and consequently at the discretion of the conquerors of this country.
The trade of Virginia and Maryland is of far greater consequence to your Majesty's revenue than New York, were it vastly better than it is. We therefore pray you to supersede your commands for any supply of men or money to New York from this your poor country."
Bill for levying an effectual force, sent down with amendments. Some of the amendments were agreed to. The Bill was sent up with a request to the Council that they concur in passing it with these amendments only.
Message to the Council, representing the reasons for their resolution to divide certain lands in Pamunkey Neck between John Buckner and Chicheley Corbin Thacker, agreed to.
Resolved, that the Treasurer remit 300l. to Mr. Bird, our Agent in England, to be used as occasion requires in soliciting an Address to H.M. and in carrying on the business of the Agency. This resolve sent up.
H.E. summoned the House to attend him and addressed them:—I am heartily sorry that you have in no ways complied with H.M. commands relating to the assistance of money and men to be given to New York, and what you offer for not doing of them, I think is somewhat strang(e) and noways agreeable to H.M. letter of Jan. 19. I cordially recommend to you to find out some expedient how to answer H.M. royal and paternal designs for the security of all H.M. Empire in this Continent of America, and maturely to consider the last paragraph of H.M. letter to me. If you should not agree upon it (which God forbid), it may be of fatal consequence, not only to this H.M. Colony, but likewise to the rest of H.M. Provinces. For when our enemy shall know it, they will be the more encouraged to attack New York. And your denyall may be a president to other Provinces. I hope you have taken care that there be no clause in your Bill, for levying an effectual force in time of danger, which may be in the least repugnant or disagreeable to that paragraph in H.M. letter concerning the furnishing of a quota to New York, nor to the Instruction of the Lords Justices. If you have not found a way to buy those arms and ammunition, which were to be sold in the country, an account whereof I gave you, I suppose that the major part of them will be sent out of it, and so may others that are brought in, when there shall be the most occasion for them, therefore to depend upon purchasing arms and ammunition in the day when they shall be most wanted to make use of against our enemy, I think it very disagreeable and repugnant to the art of warr in general, but more particularly considering our circumstances, the inhabitants not living in towns, and having no fortifications, but dispersed, and having several great and small rivers and creeks to pass, and most of them not well provided to transport horse-dragoons or even foot. And if there should be arms and ammunition, 'tis probable they will be in several persons' hands, and that at great distances, so that before they can be gotten to a convenient place to arm the men, who are, God willing, to attack the enemy, there will be several days spent, and to be ready with troops well provided with suitable arms and ammunition in time is one of the most essential things in war. Commends the Act for ascertaining pay etc. I find that you think it not convenient at present to raise a new fund for another supply of arms and ammunition, but I hope in God you will not take it amiss if I propose two ways to raise a fund, either to give or lend H.M. the 900l. for New York, and to have money in bank in part for buying the arms and ammunition and paying the officers and soldiers, as you have proposed in your Bill, as well as the expenses of the Agent:—(1) That 6d. duty be laid upon each hhd. of tobacco exported for one year. In Maryland there was once paid 2s. 6d., and now it is 2s. 3d., if not more. If such an Act be now passed, I will lend the country 6 or 700l. without interest, and give 50l. (2) Finding this year's levy is not like to exceed 4 or 5lb. of tobacco per pole, I propose that 15lb. be now levied. If this Act passes, I propose to give 50l. more. And H.M.S. Lincoln and Shoreham sailing for England Oct. 15, I propose the tobacco so raised may either be sold here or in each county for bills of Exchange, which may be sent by these ships. I am glad you have taken care to pay the money due to the Proprietors of land taken up for Williamsburgh, but considering by the fourteenth Act of Assembly, 1699, they should have been paid last session, and that being an Act, this Order is not of equal force, I propose that the money be tendered to them with all expedition.
Concerning the Act for quieting the possession of several persons seated within the bounds of the lands laid out for the Pamunkey Indians, the same being expressly contrary to the late Instructions of the Council of Trade, and the 136th Act of Assembly in the printed book, I am very sorry that I cannot pass it, but if you will make an Address to H.M. Sacred Majesty for it, from whom all Acts of Grace and Pardon must immediately come, I will take care that it shall be presented to H.M., and till his Royal pleasure is further known, they shall not be disturbed in their possessions, provided they make no more settlements, nor any further improvements but what is necessary. As to laying open the land on the south side Blackwater Swamp, and in Pamunkey Neck, I was, and by God's assistance ever shall be very forward what in me lies to advance H.M. interest and the good of this Colony, but to do such a thing now, I think it will prejudice H.M. interest and the safety and security of this Colony by hindering the settlements intended by the Act made for the better strengthening the frontiers and discovering the approaches of an enemy, but if you are of another opinion, when I have an account from the surveyors what land there is, and of what nature, public notice shall be given.
As to the Resolve of the House, Sept. 25, that it is not convenient at this time to address H.M., as I proposed, that two Engineers or Firemasters for warr may be sent hither with all materials for that purpose with granadeer arms, hand mortars and granadoes suitable and fit for them with pistol, powder and bullets, I wish you may never live to see the time to say, you have now cause to repent that Resolve.
As to the Clause of your Address relating to New York, it is the opinion of myself and Council that whereas you say those misrepresentations were merely to gain a contribution the better to enable them, for security of their Indian trade, to build forts, the same is too severe a reflection, there being no ground for the same set forth in H.M. Royal letter, Jan. 19. As to the forts being no security to this Colony, it would have been much better to have said, that forts on the frontiers of that Government can be of no security to this Colony to keep of the French and their Indians from invading us. It is the opinion of myself and Council that the clause might better have been omitted where you say that it is not probable that men can be sent from hence to New York in such time as to be serviceable upon an invasion.
Where you say that it is not convenient to make any alteration in the bounds of Counties and parishes already settled, but when Representation is made that they are aggrieved, I must tell you that in many places it is necessary to be done, and by advice of H.M. Council I propose to you that the same be recommended to the Committee appointed to revise the Laws. As to that clause concerning public dispatch of letters and the setling of ferries and posts, which you say you have committed to the Revisers of the Laws, it is of such absolute necessity for the interest of this country, especially in these times of danger, that I heartily wish it were now effected, but since it cannot be done this session, I do, with the advice of the Council, propose that you order the same to be done by the Committee appointed to revise the Laws, that it be the first thing recommended to their cares. As to building a House for the Governor, you must consider that by H.M. especial Instructions it has been often pressed unto you, and therefore, by advice of H.M. Council, I again propose that 63l. be paid for 63 acres of land adjoining to the lots laid out in Williamsburgh to be appropriated to that use, and also 146l. 8s. 3d. sterl. paid by Mr. Auditor Byrd for several disbursements, which we are of the opinion ought to be discharged by the public.
The House considered H.E.'s Speech and Proposals and ordered an Address thereupon.
Ordered that it be recommended to the Committee for Revisal of the Laws in the first place to take into consideration what relates to dispatch of public letters and the settling of ferries and posts.
Ordered that the Trustees of Williamsburgh, forthwith after the money is put into their hands, make a tender to each Proprietor of his proportionable part.
Message from the Council proposing that the pretensions of Buckner and Thacker be heard before the next session, but the House adhered to their resolve for dividing the lands claimed between them.
The negro, mentioned in the Bill for the apprehension of an outlying negro, having surrendered, the Council enquired what should be done with him, and the House replied that the Bill gave sufficient direction.
Mr. Leigh was granted leave of absence. [C.O. 5, 1408. pp. 292–320.]
Sept. 25. 894. Minutes of Council in Assembly of Virginia. Bill for building the Capitol and Prison agreed to with amendments and sent down. And see preceding abstract.
Sept. 26. See preceding abstract. Bill for levying an armed force read a second time and committed for amendment.
The Council being very sensible that Robert Pasley is not capable nor able to discharge ye office of Interpreter to ye Pamunkey Indians, propose the Burgesses should nominate a fit person, if they think there is any necessity.
Sept. 27. See preceding abstract. [C.O. 5, 1409. pp. 513–529; and pp. 413–423.]
Sept. 26.
Whitehall.
895. Joseph Jory to the Council of Trade and Plantations. I am well assured from sundry masters of ships that the disbanded soldiers at Nevis have as much liberty as any of the King's subjects there, according to their quality, and have free liberty to come home for England, if any of them pleaseth, or to remaine there, and the Law now before your Lordships was made on purpose in their favour, that none might want imployment for a valuable consideration, until such time they might be disposed to leave that place. Signed, Joseph Jory, Agent for Nevis. P.S.—Some of the said soldiers came home in the Mary and Sarah, passage free, only their labor on board. Endorsed, Recd. Read Sept. 26, 1701. ¾ p. [C.O. 152, 4. No. 52 ; and 153, 7. p. 238.]
[Sept. 26.] 896. John Wake and owners of the Elizabeth and Katharine to the Council of Trade and Plantations. Since the petition of Sept. 16 (q.v.) petitioner is informed that Mr. Weaver declares he wd. seize the ship fifty times, but he would get his ends and ruin Wake. The owners fear they will lose their ship and the sailors left abroad will turn pirates. Pray that Mr. Weaver have a positive order not to prosecute the ship or Wake any more in New York, and permit them to come home. No signature. Endorsed, Recd. Read Sept. 26, 1701. Addressed. 1 p. [C.O. 5, 1046. No. 39.]
Sept. 26. 897. Journal of Assembly of New York. Ordered that a Committee wait upon the Countess of Bellomont to desire her to lay before this House H.M. commands relating to Mr. Leysler signified to the late Earl by Lord Jersey's letter.
Sept. 27. Conference with the Council appointed upon the amendments sent down from them to this House. Printed. [C.O. 5, 1184. pp. 1020, 1021.]
Sept. 29. 898. Minutes of Council of New York. Lieut.-Governor's salary paid.
The Governor by and with the advice and consent of the Council, nominated Thomas Noell, Mayor of New York, and Isaac de Reimer, High Sheriff of the City and County of New York, John Bleeker, junr., to be Mayor of Albany, and Jonathan Broadhurst High Sheriff of the City and County of Albany, and Benjamin van de Water to be High Sheriff of King's County, Zachariah Mills to be High Sheriff of Queen's County, John Mulford to be High Sheriff of Suffolk County, John de Pue to be High Sheriff of Richmond County, Boudewyn de Wit to be High Sheriff of Ulster and Duchess County, Isaac Denham to be High Sheriff of Westchester County, Tennis Denham to be High Sheriff of Orange County. The Governor also appointed John Johnson Bleeker to be Recorder of Albany.
Petition of Edward Hodges read, and the carpenter and doctor of the vessel making oath that the iron on board was imported directly from England, in her, she was discharged. [C.O. 5, 1184. pp. 592, 593.]
Sept. 29. 899. Minutes of Council in Assembly of New York. Joint Committee appointed to confer about the amendments made by this Board to Bills on Sept. 25. [C.O. 5, 1184. p. 880.]
Sept. 29. 900. Journal of Assembly of New York. Conference with the Council held.
Sept. 30. Lady Bellomont replied (Sept. 26) that she would give H.M. commands relating to Mr. Leysler to the Lieut.-Governor. Ordered that the Lieut.-Governor be desired to lay them before this House.
Reasons of the House for the prosecution of Tho. Willet etc. ordered to be laid before his Honour.
Ordered, that the money accruing by the additional Duty be not imployed for any other use, but such as is directed in the Act. Printed. [C.O. 5, 1184. p. 1021.]
Sept. 29. 901. Journal of House of Burgesses of Virginia. Engrossed Bills sent up and returned.
The Assembly attending, H.E. gave his consent to the Bills for strengthening the frontiers and discovering the approaches of an enemy ; giving power to the Sheriff attending the General Court to summon jurors and evidences within the City of Williamsburgh and half a mile round the same; and for the more effectual apprehending an outlying negro, who hath committed divers robberies and offences. H.E. addressing them, said:—I hope in God that both what I spoke to you on Saturday as likewise what I propose to you now will be taken by you as proceeding from my duty, viz., that you would most maturely and seriously consider the fatal consequences that may attend all H.M. Empire in this Continent in case that the French should attack the Northern frontiers of New York and take Albany and the parts adjacent, if which happen (but God of his infinite power prevent it) the Five Nations of Indians must submit to them. And you cannot be unsenceible that the French have both in war and peace used all ways and meanes either to subdue or bring over to their interests the said Five Nations, who know the way into this country, and have very often done murders and robberies in it. To prevent which an agreement was made with them by the Rt. Hon. Francis Lord Howard of Effingham, which is approved of by his present Majesty, and I now give your Speaker a copy of one of my Instructions concerning this affair. And I propose that there be a joint Committee of H.M. hon. Council and of your House to see what hath been done with H.M. Government of New York and these Five Nations, for which purpose the Council Books shall be given them.
The Five Nations in the late war expected relief from this Colony, and if they should hear that Virginia hath refused to assist New York for securing the Northern frontiers, in which they live, it may be one principal reason to cause them to submit to the French, so if they did us damage when they were under H.M. Government of New York, when they came in small parties which were not owned by the body of them, what extraordinary spoil and ruin may they make when joined with the French either in a body of 1,000 or 1,500, or in parties of a hundred or two.
Message in answer to the Council's amendments to the Bill for levying and arming an effectual force in time of danger agreed to and sent up.
Address in answer to H.E.'s speech of last Saturday agreed to:—It is with a deep sorrow we perceive our proceedings are not absolutely satisfactory to H.E. We are well assured our hearts are full of loyalty to H.M. and passionate zeal to serve him. . . . We humbly hope those methods we have taken to answer H.M. Royal Commands by an humble Address agreed upon between the Hon. Council of this Colony and our House will be gratiously received in the room of a direct complyance in spetie, wch. we are not able to perform as our present circumstances stand without too great a burthen on our own people and the hazzard of a successful consequence. Under this sense, and our former opinion that upon any extraordinary emergency sufficient arms and ammunition may be had for the defence of this Colony, we deem it not convenient, notwithstanding the encouragement of free loan and gift offered us by your Excellency's generosity, to raise those new funds, and are content to relye upon God Almighty's protection without any greater means of human provision for our defence and security then those directed by our Laws in force and such Acts as we are now about. . . . We were in hopes we had fallen upon an effectual method for quieting the possession of the several persons seated within the bounds of the land laid out for the Pamunkey Indians, but if it may not be ratified by your Excellency's Assent, we pray you to espouse the pitiful case of those people and intercede for H.M. grace and favour towards them, and, till his Royal pleasure be known, suffer them to live undisturbed in their respective possessions. Since we are not apprehensive that any inconveniences will arise by the present laying open of the lands on the South side Blackwater Swamp and in Pamunkey Neck, we shall with submission presume in proper time to present to your Excellency an humble Address agreed upon between the Council and our House in that matter, and rely upon your Excellency's wisdom and goodness to forward H.M. interest and the good of this Colony therein. We understand the Committee for revisal of the Laws hath proceeded to the consideration of some few parishes, which appeared to them to be small, but in regard the alteration of the bounds of counties and parishes already settled is a matter of extraordinary weight and moment, and that we know not what consequences may happen thereupon, we conceive it the best way not to proceed therein, but upon representation of the inhabitants that the present settlement is grievous and wants redress. concerning publick despatch of letters and the settling of ferries and posts, we have recommended the care thereof to the Committee for the Revisal of the Laws in the first place. And forasmuch as we are of opinion that 63l. for the purchase of land for the Governor's House and the sum paid by Mr. Byrd are neither of them a Country charge, we pray your Excellency will not insist further upon your proposals, but that they be defrayed out of H.M. Revenue appropriated for the maintenance and support of this Government and the contingent charges.
The House attended H.E. and presented this Address.
Resolved that the House join with a Committee of the Council to see what hath been done with H.M. Government of New York and the Five Nations of Indians. Committee appointed accordingly.
Conferences, upon the bill for levying an effectual force etc. and upon the additions proposed to the Book of Claims, proposed by the Council, were agreed to.
Sept. 30. Reports of above mentioned Conferences read.
H.E. sent a message to acquaint the House that he considered the two sums mentioned above were as much a Country charge as any within the Book of Claims, and therefore insisted that they be some way or other satisfied by the publick, and that if he did not do so, should judge himself guilty of unfaithfulness to his most sacred Majesty.
Copy of the Order, directing the Trustees of the City of Williamsburgh to tender the money due to the several Proprietors concerned, sent up to H.E. and Council for their concurrence.
Amendment of the Council, to the Bill for levying an effectual force, negatived. Resolved, that the House doth not agree to any of their propositions at the Conference. This resolve sent up, with a desire that the Council pass the Bill with such amendments only as the House hath agreed to.
Conference proposed concerning Instructions to the Agent.
Message from H.E. acquainting the House that he thought it his duty to write to the Governor of New York concerning H.M. letter of Jan. 19, and sending the House a copy of a letter he formerly writ. He proposed a Conference upon what was proper to be writ. Resolved, that it is no concern of this House to communicate their proceedings to the Government of New York, and therefore they humbly desire to be excused. This resolve sent up.
The Council announced that they insisted upon their amendments to the Bill for levying an effectual force etc.
Resolve, concerning the Blackwater and Pamunkey Neck lands returned, agreed to by the Council. [C.O. 5, 1408. pp. 320–335.]
Sept. 29. 902. Minutes of Council in Assembly of Virginia. See preceding abstract.
Sept. 30. The Burgesses having refused to join in a Conference with the Council to consider what is proper to be sent to New York concerning the quota of men, H.E. thought it not for H.M. service and interest for the Council to join with them, as they proposed, in a Conference concerning suitable Instructions and a letter to their Agent, but the quite contrary, the Council having already agreed to an Address. The Council assented to the Order of the House about money to be paid to the Proprietors of the land taken up for Williamsburgh.
Upon consideration of H.E.'s view upon the Conference referred to above, the Council represented to him that, we are already so far engaged in the said affair of Agent with the House of Burgesses, that we have not only agreed to the nomination of him and an Address to H.M. for admitting him, and to another to be by him presented to H.M., but also have promised in conference to join with the Burgesses in drawing Instructions for him, and therefore cannot conceive how we can now recede without transgressing the rules of Assemblyes, and so hazarding a breach with the House, wch. we humbly conceive would be both to H.M.'s, your Excellency's and the Country's disservice, and therefore humbly pray your favourable opinion of us, if we proceed to comply with our former resolves and promises, assuring your Excellency that we will take special care to admit of no Instruction to the said Agent that may in the least derogate from H.M. service or interest and the due respects we owe to your Excellency's person and Charter. And see preceding abstract. [C.O. 5, 1409. pp. 529–543; and pp. 423–432.]
Sept. 30.
Whitehall.
903. R. Yard to the Council of Trade and Plantations. The Lords Justices refer back to you the projected Treaty of Peace and Commerce between H.M. and the Emperor of Morocco, that you may particularly consider of what relates to passes therein, and consult with such merchants on that matter as you shall think fit. Signed, R. Yard. [Board of Trade. Trade Papers, 15. p. 235.]
Sept. 30. 904. J. Bass to the Council of Trade and Plantations. Humble Memorial on behalf of H.M. Province of East Jersey. Being informed that some of the Proprietors have made some proposals of surrendering their pretentions to the Government unto H.M., and have also petitioned for the approbation of their late Governor, Hamilton, prays for copies and time to advise with Counsel. Agrees that the Proprietors have no legal title to the Government, because the grant of Government from Charles II to the Duke of York of the Jerzies, together with a much larger tract of land, was not a personal trust, and could not be legally assigned and divided, as has been done by the pretended grants to the Proprietors. They have, anyhow, no legal right to dispose of powers of Government, being but part of the gentlemen grantees, the others being not acquainted with, much less consenting to, these Articles of Surrender. Nor ought they to pretend to the nomination of any Governor, much less Andrew Hamilton, not a native born subject of England, Ireland nor the Plantations, etc. Desires that he may be heard by himself and Counsel before any final report is made. Signed, J. Bass. Endorsed, Recd. Read Sept. 30, 1701. 2¼ pp. [C.O. 5, 1261. No. 24; and 5, 1289. pp. 239–243.]
Sept. 30.
Boston.
905. Isaac Addington to William Popple. Signed, Isa. Addington. Endorsed, Recd. Nov. 25. Read Dec. 5, 1701. 1 p. Enclosing,
905. i. Memorandum of Acts of the Massachusetts Bay, May 28, 1701. ¼ p.
905. ii. Memorandum of an Act to impower the Treasurer to issue forth Bills of Credit, passed at Boston, April, 1701. ¼ p.
905. iii. Memorandum of Minutes of Council of the Massachusetts Bay, May 30–Sept. 17, 1701. ¼ p.
905. iv. Memorandum of Minutes of Council in Assembly of the Massachusetts Bay, May–Sept., 1701. ¼ p. [C.O. 5, 862. Nos. 77, 77.i.–iv.; and 5, 910. pp. 1, 2.]
[? Sept. 1701.] 906. Extract from a letter from Mr. Jackson, minister of St. John's, Newfoundland. The barbarous treatment of Mr. Jackson on his voyage from London by Capt. Cavendish, was, as he hath since confess'd, at the instigation of Capt. Powel, sent to command the Fort of St. John's, and of Samuel Frances, his Lieutenant. The latter have gone among the people to alienate them from him. Finding this not easy (as appears from this, that immediately upon his arrival, they put 100 hands at work to build him a Church in the Harbour, and have provided him a Convent House adjoining) they would force him to come into the Fort to officiate, and then threaten to shoot him the first time he comes there. They have imbezzled the King's stores and threaten, if ever there be a war, and the Colony be invaded by the French, they will shoot every inhabitant yt. shall come to the Fort. These debauched libertines and blasphemous wretches are the plague of the whole harbour and a disgrace to mankind. No signature or date. Endorsed, Extract of a letter to be laid before the Lords of Trade. 1¼ pp. [C.O. 194, 2. No. 48.]
Sept. 30. 907. Journal of Council of Trade and Plantations. Mr. Bass' Memorial read. Affairs of the Jersies further considered.