America and West Indies: December 1701, 27-31

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: December 1701, 27-31', in Calendar of State Papers Colonial, America and West Indies: Volume 19, 1701, (London, 1910) pp. 696-729. British History Online [accessed 20 April 2024]

December 1701

Dec. 27.
New York.
1113. Lt.-Governor Hasket to the Council of Trade and Plantations. This humbly begs leave to inform your Lordships of the most barbarous usage that hath been lately heard of by a much worse sort of Pirates than inhabite the Island of Madagascar; For at Providence the Dayly Study and Practice is Treason, Robbery, Rebellion and Murder, the last of which I very nearly escaped, being wounded very much; the manner of taking me is in the inclosed Information given on my Oath here, and I presume to assure your Lordships that the only reasons of their Rebellions and Robberies are as followeth. The week after these persons had seized me, the Courts were appointed for the Tryal of severall of the persons following for the Crimes herein mentioned, Viz. : John Graves, the Collector, for granting false Certificates, and actually defrauding H.M. of severall hundred pounds received for H.M.'s Duties and Customs, the same being proved by three several Evidences, with several other misdemeanours of a very high nature, which I shall further inform your Lordships of on my arrival in England; Read Elding for being guilty of Pyracy on the high sea several times, as also for forceably taking away the wife of Major Trott, during the time he was Deputy Governour of the said Islands, and wounding and imprisoning him on his requesting his Wife from the said Elding; A further reason of the said Elding's Rebellion is, his sloop was seized and condemned in the Court of Admiralty for loading Fustick, and carrying the same to Saint Thomas, contrary to Law and his Bond given. This seizure very much disturbed the said Elding, by reason no Governour or officer dared to seize or meddle with anything that belonged to this Elding, his power is so great amongst the Rabble; Ellis Lightwood upon a forfeited bond of five hundred pounds due to the King. The condition was that if Captain Bridgman alias Avory [Every] should be proved a pyrate within a year and a day, the said bond should be paid, and the said Avory should be delivered up to Justice; it happened that soon after the said Avory came into Providence by consent of the Governour and others, H.M.'s Proclamation arrived, which proclaimed him a pyrate, with his ship's crew, yet the said Elding contrary to the said bond and H.M.'s Proclamation purchased a ship for the said Avory and seventeen or eighteen of his Crew, and conveys them off of the said Island, receiving of the said pyrates sundry goods and merchandizes for his so doing. Another thing, my Lords, that moved the said Lightwood to this Rebellion, was; Three days before they most barbarously seized me and my estate, the said Lightwood had a sloop arrived from St. Thomas's Island with cocao, sugar and sundry other goods and merchandizes to a great value. The Master of the said sloop on his oath, with a passenger, declared that he loaded Tobacco on board at Barbados and sold the same at Saint Thomas's, contrary to the several Acts of Trade. Upon which I seized the said sloop, but before she was condemned, these villains seized me and mine, with the said sloop, and all her rich lading; So that, my Lords, my justly and honestly putting the King's Laws in execution, were the cause that I very nearly escaped being executed myself—This Lightwood is now made Captain and Cheif amongst them for his good service, as they call it, done them in defending and maintaining their Ancient Customs and Priviledges. John Warren sides with them for the same reasons with Lightwood, giving bond for severall Pyrates and conveying them away contrary to the King's Proclamation, and so forfeiting his said bond, and many other things too tedious to trouble your Lordships with now; So with humble submission do beg your Lordships' patience, untill my arrivall in England, to which place I shall make all dispatch I can by way of Boston; And untill my arrivall in England, pray leave to inform your Lordships the method of the Providence people's proceedings, which are : After their sending me with a Guard of ten men, Read Elding's Brother, the Cheif of them, down to a small house five miles out of the said Town, with my Wife and Sister, where they kept me six weeks in irons with the said Guard, keeping my wife five Weeks of the time a prisoner, not suffering her to go to Town, nor to see any of her acquaintance, nor to write to them nor have any communication with them; during all which time they kept possession of all I had, sharing of it and disposing of the same as they thought most proper for their purpose, taking up all their forfeited Bonds, and all the Evedence I had against the said Parties, with all other Bonds, Bills, Commissions, Instructions and all other writings whatsoever, with all my Estate of what kind soever, as is mentioned in the Information inclosed, at the same time imprisoning the Judge of the Court of Admiralty, and the Judge of the Court of Common Pleas, the Secretary and sundry others, and keeping the same untill they were almost starved before they let them out of prison, and when taken out, forced them to swear to them that they should not put pen to paper to write to your Lordships anything relating to that barbarous act done to me, which oath was forced unto them with pistolls at their breasts. When they had done this, to secure their selves, about eight of the Rebells constantly met together for a month to make some Articles against me in order to have a pretence for what they had done, and for the better strengthening them, got severall of their Confederates to swear to them; What they are, yet I know not, but am well satisfied I have done nothing contrary to Law, but have been carefull in putting all H.M.'s Laws in execution. When they had done this, they forced me on board a small ketch, where they put me in irons, keeping my wife and sister still prisoners, suffering me to bring no more clothes than what they put up and sent on board. In which ketch I continued untill I came to New York, but most barbarously treated by Graves, who did contrive severall times to murder me, but it pleased God to prevent him; He hath sworn to be true to the Rabble, for which he is sufficiently paid out of the plunder which was considerable, I removing my interests from Barbados, so that when I came to Providence, I brought between three and four thousand pounds, which was more than all the Governours before me brought, besides the full parts of several seizures belonging to H.M., which was very considerable; all which was taken from me, save a small matter I tied round my middle, when I came on board, which Graves knew nothing of, if he had, I had not brought a farthing with me. They also hindred me from any servant to wait on me, neither suffer'd me to bring a Letter, for fear of discovering what they had done to me. I fear I have been too tedious, so beg your Lordships to pardon and excuse me, untill I come before your Lordships, at which time shall acquaint your Lordships, with submission, with many more truths relating to the Governments of Providence and Carolina.
My Lords, If John Graves should come to England before me with the said Articles and a Justification of himself, I humbly beg your Lordships to give no credence to him, untill I come to answer the same, Which is the prayer of—Signed, E. Hasket. P.S.—I have also enclosed the Memorial given in by me to the Governor and Council of New York on my arrival there. Endorsed, Recd. April 14, Read May 13, 1702. 8 pp. Enclosed,
1113. i. Abstract of preceding. 2 pp.
1113. ii. Governor Haskett to the Lt. Gov. of New York. Some time in Oct. last, James Crawford, John Graves, Read Elding and Ellis Lightwood with some other confederates did combine and seize and remove the Governor from his Government of the Bahama Islands, by first privately seizing on the Fort and Magazine of the Town of Nassau at Providence, soon after the taking of which, a party of the above-named confederates with swords, pistols and other arms went to the Governor's House in Nassau, where he then was, and fired into it, at him, but the shot missing him, one of the Confederates was wounded, by which means they left off firing and betook themselves to their swords, with which they seized the Governor, wounded him in several places and immediately carried him away to the Fort, and there loaded with irons and confined him a close prisoner, and the same night drove his wife, sister and the rest of his family into the woods, and seized upon and took or shared amongst them all his gold, silver, household goods, plate, furniture, merchandize, Commission, Instructions, Bonds, Bills, Mortgages and whatever else belonged to him to the value of several thousand pounds, part of which was the King's money and Lords Proprietors', breaking open doors, chests, trunks etc. to come at the same, and kept possession of the said house and goods till about three or four days before they forced the said Governor from the Island, and brought to him some of his money and jewels pretending that he owed money on the Island, and that they had brought him that money to pay his debts, but denied him his wearing apparel unless he would give them a sum of money, which they forced him, after they had delivered the same to him. The said Rabble kept the Governor a prisoner in irons three days in the Fort, during which time John Graves and others his confederates proposed to murder him, to prevent disturbances thereafter, in his hearing, but could not prevail with the majority of the Confederacy to so bloody an act, but agreed to send the said Governor with his wife and sister (who they also kept prisoners with him) to a small house about 4 miles from Nassau a prisoner in irons, with a guard of ten or thereabouts of the Confederates, where they kept him a prisoner in irons, till such time as they forced him from the Island, and also kept his wife a prisoner most of the time, not suffering any of his friends to come near him or write to him, neither suffering him to write to any person, or to have any communication with anybody. About a week after he was seized, the Providence galley, Capt. Benjamin Pittman Commander, arrived at Providence, and immediately James Crawford and some other of the Confederates went on board and told the Master that the Governor wanted immediately to speak with him, upon which he went ashore with four mariners. As soon as they landed, some of the Confederates seized Capt. Pittman, his men and boat, and carried them to the Fort, and secured them in prison that day and the next night. Another party went on board the Providence galley, and there, with their swords drawn, declared to the ship's crew that they were all their prisoners. In a little time afterwards came on board the Providence a man-of-war canoe with fourteen men in her, and took possession of the ship, and carried the sails on shore. Next day about 25 men went on board her and carried her under the command of the Fort, where she now lyes. The Confederates about the same time seized upon a sloop of the Governor's called the Success, John Belcher, Commander, lately arrived from Exuma, with all her tackle and furniture, some of which are now on board the ketch Katherine, William Lawreir, Master, now lying in the harbour of New York, and were carried on board by order of James Crawford. Signed, E. Haskett. Endorsed, Recd. April 14, 1702. 2½ pp.
1113. iii. Copy of Minutes of Council of New York, Dec. 18, 1701. Same endorsement. 2 pp.
1113. iv. Copy of opinion of Mr. Atwood, Chief Justice of New York, upon the case of Crawford and other persons concerned in deposing Capt. Haskett. The matters sworn against them, with so much as has been confessed by themselves, amount to High Treason, wherein all aiders and assisters are Principals, and therefore bail ought not to be taken. Dec. 27, 1701. Signed, W. Atwood. Same endorsement. 1 p. [C.O. 5, 1261. Nos. 37, 37.i.–iii., 38; and (without enclosures) 5, 1289. pp. 465–473; and (duplicate of No. iii.) 23, 12. No. 66.]
Dec. 27.
Office of
1114. Board of Ordnance to the Council of Trade and Plantations. The stores for Jamaica are now being despatched. We enclose an account of the pay of the officers and artificers, for the repaying of which and the charge of the stores we hope your Lordships in Brigadier Selwyn's Instructions has so represented the necessity of it as that the Assembly of that Island may be prevailed with to do it. Signed, Ja. Lowther, C. Musgrave, J. Pulteney. Endorsed, Recd. Read Dec. 31, 1701. 1 p. Enclosed,
1114. i. Account of the annual pay of the Officers and Artificers sent for H.M. service to Jamaica. Amounts to 1,432l. 12s. 6d. per annum. ¾ p. [C.O. 137, 5. Nos. 58, 58.i.; and 138, 10. pp. 319, 320.]
Dec. 27.
New York
1115. Mr. Broughton to Mr. Popple. The Chief Justice has so much failed my expectations in his behaviour towards me since we left England, that it is not without cause if I am jealous he may misrepresent me at home, to worke some farther advantages to himselfe and some here. But I shall not make complaints till I am driven to it in my own defence. Pray conceal the contents of this letter if there be not the occasion feared to give it publication. I hear from Mr. Weaver that I am ordered to be of the Counsel here; 'tis unexpected, but may be very advantagious to me, and administers comfort to see I have some friends that think on me in my absence. Pray present my humble duty at your Board, and excuse me to your Lords that I doe not address them oftner; as matters are at present, they would only furnish me with grounds of discords and complaints. But when the sceane is changed with us, as is apparently drawing on, I shall not be wanting in duty to them. Signed, Sa. Sh. Broughton. Endorsed, Recd. 22nd. Read April 27, 1702. Holograph. Addressed. 1½ pp. [C.O. 5, 1047. No. 23; and 5, 1119. pp. 95–97.]
Dec. 29.
New York.
1116. Lt. Governor Nanfan to the Council of Trade and Plantations. On receipt of your letter dated in Oct., 1700, with relation to Mr. Plowman, I referred the same to the Council, who have made the inclosed report. This matter hath been delayed here some time in consideration that Mr. Plowman, upon closing his accounts as Collector, fell indebted to H.M., but that obstacle being removed by producing to me a Minute of Council of this Government made during the administration of Col. Fletcher, whereby it appears he hath cleared that debt, I enclose the said Minute. Signed, John Nanfan. Endorsed, Recd. 14th. Read April 27, 1702. 1 p. Enclosed,
1116. i. Copy of Minute of Council of New York, March 31, 1698. Endorsed, Recd. April 14, 1702. 1 p.
1116. ii. Copy of Petition of Mathew Plowman to the Lords Justices [see May 30]. 1 p. On back,
1116. iii. Copy of Report of Council of New York, New York, Dec. 4. 1701. The accounts of Peter de la Noy, who in the time of the late happy Revolution kept the accounts as Collector of this Province, show 75l. 16s. 10½d. currant money of New York is due to Plowman for 51 barrils of beef and pork for candles and goods from Barbados taken from him then for the support of the garrisons of New York and Albany. Signed, A. D'Peyster, S. Staats. R. Walters. Same endorsement. 1 p. [C.O. 5, 1047. Nos. 24, 24.i.–iii.; and (without enclosures) 5, 1119. pp. 113, 114.]
Dec. 29.
New York.
1117. Lt. Gov. Nanfan to the Council of Trade and Plantations. Acknowledges letter of Aug. 14, with Instructions as to the Flag. We have had but little of late occurred worthy your Lordships' notice, only a dispute in our City between our two parties relating to the due election and returne of Aldermen for the ensuing year, which has since been determined by several supreme Courts for that purpose. I presume the Chief Justice will be very perticular to your Lordships as well in this as in what else relates to the Judicial proceedings in this Province.
Our Indians are in great temper, and I hope will so continue. I have posted for intelligence of the French designes this winter four understanding men, viz. one in each of the four farthest of the Five Nations, and would have sent some under the pretence of trading to the new French Fort D(e) Trett or Tieughsachrondie built on that tract of land lately given by the Indians to H.M. and in the midst of their beaver-hunting, but the winter setting in there so violent and the journey so long, I could persuade none to undertake it at present, tho' by a French quarter-master lately sent from Quebeck by the Governor of Cannada, and bound for England in order for France in this ship (to solicite a fund, as he says, to rebuild their seminary there, which was burnt intirely on Nov. 4 last, 'twas 33 year in building, and cost 300,000 crownes),—I am told there never went up more then one party to build and settle that Fort, which consisted of 24 cannoos, with four persons in each, men, with some women and children, so that I cannot see, should there a warr happen, or H.M. orders for their being removed, but that in a seasonable time of the year they might easily be dislodged, which would be of great satisfaction to our Indians, who are now overawed in their hunting by that settlement. Enumerates enclosures.
As to what moneys in the Additional Duty Bill they have disposed of to me, as soon as I heard their design, I positively told some of them I neither could nor would take any money till H.M. direction therein, and forbid them naming me any way in the Bill, and indeed I thought they would have observed my direction, till the Bill came up, which was the day before the Prorogation. I found myself named therein, but I believe they thought they could not handsomely bring in others without nameing me, tho' I have not, nor will I receive one farthing of it, in obedience to your Lordships' orders, and do hereby renounce all manner of claim or title thereto, and will be willing at any time to give such a formal release as you shall think proper, for I protest to your Lorps. I never had any such designe, knowing very well how to be obedient. The Journal I fear may not be so correctly printed, the carracter being near worne out, and the printer apt to mistakes in spelling. I must pray your Lordships' thoughts on the soldery in this Province in H.M. pay, that H.M. service and myself may not be ruin'd by non-payments of my bills in London for their subsistance. I assure your Lordsps. they receive every week each private man his 3s. 6d. in money, with the addition of 20 per cent., and the officer his proportionably, no manner of stoppage from what the King allows, and I am forc'd to engage my own fortune for the repayment with charges in case bills should be protested. I and mine wholly depend on your Lordships' favour in this affaire, or we are undone, therefore pray your assistance to Mr. Champante, should he have occasion. I have received a duplicate of the Commission for trial of pirates by Mr. Larkin, with some Acts of Parliament, and have open'd the Court and appointed a Register, with whom Mr. Larkin before he went home left proper instructions. Some time after arrives here a small ketch from Providence bound for England having on board Mr. Heskett, the Governor of them Islands, a prisoner, sent thence by the inhabitants, who had usurped the Government, and form'd one of their own, who found some means in letting his friends in this place know his misfortune; withall accusing some on board with piracy, perticularly one James Crawford, supercargo of the ketch, when as soone as I was acquainted therewith, I sent downe H.M. boat man'd and arm'd and brought her up, after which, upon a formal accusation by Mr. Heskett, I ordered the Attorney General to prosecute said Crawford, who after a full and fair trial was acquitted of pyracy by a majority of the Court (the particulars of which are sent persuant to the Act to the High Court of the Admiralty) on which Col. Heskett gave in a Memorial to myself and Council, a copy of which your Lordships have inclosed with the Minutes thereon, accusing John Graves, Roger Prideux and James Crawford of High Treason, in being concerned in the rebellion in Providence, desiring their being continued here till H.M. pleasure be further knowne. I would have sent them confin'd home to one of H.M. Principal Secretaries of State, but his vessel is so crowded with goods and passingers, that their is no room for them, so must take the next oppertunity. I send your Lordships the Chief Justice's opinion in Law on their case. I cannot omit taking notice to your Lorps. of the diligence of our Chief Justice and Collector, in putting in execution the Laws of Trade without fear or favour, and discouraging the illegal Trade of this place as much as possible. I wonder what Col. Romer means in not comeing hether. I have not as yet been able to procure him, nor know I when I shall. Signed. John Nanfan. Jan. 13, 170½. P.S.—Since the above was written, the ship has been detained by ice, and Col. Romer, long look't for, come at last. I shall immediately imploy him on H.M. service. Nothing since has occurred worthy of your Lordps.' notice. Endorsed, Recd. 14th, Read April 27, 1702. Addressed. 7 pp. Enclosed,
1117. i. Abstract of preceding. 2¼ pp.
1117. ii. Humble petition and address of H.M. Protestant subjects in the Plantation of New York to the King. We having too many reiterated Informations of our being calumniated and misrepresented to your Majesty, with hearts full of grief, loyalty and the highest duty and regard to your Majesty, humbly pray the freedom to acquaint your Majesty that as soon as we knew of your Majesty's happy accession to the Crown, we entertained the joyful tidings with hearts full of alacrity, blessing Almighty God for our great Deliverer. And as we cannot still without dread and horror reflect upon the ruin and calamities that were likely to swallow us up, when your Majesty brought us deliverance, so we are influenced with a lively and grateful sense that our Religion and Liberties are in the greatest safety under your auspicious reign. We do assure your Majesty that the divisions and differences that have happened amongst your subjects in this Province were never grounded upon the interest of your Majesty, but the private corrupt designs of some of the Pretenders to your Majesty's service, who had laid hold of an opportunity to enrich themselves by the spoils of their neighbours. The oppressions and hardships we underwent took an end by the arrival of your Government, and during the whole course of the late war, with your Majesty's gracious assistance, we chearfully sustained its burthen, some of us in our persons, and all of us by our purses, and by the fortunate influence of your Majesty's Empire, conserved this your Colony entire from any conquest of the enemy. Being conscious to ourselves of nothing more than an entire affection and faithful adherence to your Majesty's royal person and interest, it was the greatest surprize to find ourselves by the late Earl of Bellomont without reason or colour turned out of all places in the Government, and those generally filled with persons least qualified for their posts, and to add to our misfortune, and evidence the injuries we have suffered, we find ourselves to be branded most unjustly with characters of disaffection and infamy: altho' with all dutiful submission we underwent the first, yet the latter as being an offence to Truth and touching us in our good names, and the interest all faithful subjects ought to have in a just Prince, we cannot but be extremely sensible of. Your Majesty's subjects could not at first foresee the ends designed, but the measures taken were of that nature as to give us just apprehensions of evil, great partiality in appointment of officers, manifest corruption and injustice in all elections, not less than the injurious means used to attain them, but nothing else than abusing your Majesty's glorious name, and, under pretext of your Majesty's service, by the Legislative power to divest many of your Majesty's good subjects of their just rights and possessions, and to share and divide the same amongst themselves and their confederates with many other sinister, indirect and unjust proceedings, easily to be proved, but too many to enumerate at present to your Majesty, thereby greatly offending your Majesty's good subjects, and tending to render your Majesty's government in these parts scandalous, vile and cheap in the eyes of your people, altho' these methods had long since been determined, if they had not lately met with new supports. We humbly implore your Majesty's justice in relieving us from these evils, and take this opportunity of assuring your Majesty that amongst the vast number of mankind who have willingly subjected themselves, and taken shelter under your Majesty's Dominion, none are more heartily devoted to pray for your Majesty's long and prosperous reign over us than, etc. Signed, by a large number of signatories, whose names are given in New York Documents, Vol. IV. pp. 934–939. The first signatures are W. Nicoll and N. Bayard. New York City, Dec. 30, 1701. 2 large pp., of which the names occupy 1⅓ pp. Parchment. Obliterated in places.
1117. iii. List of the Major part of the Freeholders and Inhabitants of the Counties of Albany, Ulster and Richmond. The names are given in New York Documents, Vol. IV. pp. 939–942. 2 pp.
1117. iv. Humble Address of the House of Representatives of New York to the King, Oct. 13, 1701. As the repeated instances of your Majesty's goodness and bounty towards us draw from us our most sincere acknowledgments, we cannot but hope that the early zeal which the people whom we represent and each of us in particular have expressed for your Majesty's service may induce your Majesty to believe that we shall labour to our utmost to manifest our duty and loyalty, and that we shall be ready to unite with all persons (how much soever we may have suffered from them), who would joyn in your Majesty's service. With this disposition we met in this Assembly, and flattered ourselves we should have found the same in all Members return'd of it, since every man of them joyned with us in presenting our Speaker, and went back to our house seemingly confirmed by the Lt. Governor's excellent speech, recommending unity and unanimity together with a due sense of your Majesty's paternal care over us. The first thing we proceeded upon, as usual, was to consider the objections to the returns of any Members, and there being a general complaint as well as particular information to the house that two were returned in defiance of a late Act of Assembly, we judged it proper that they should withdraw till the circumstances of their case might be considered. But to our great surprize the next morning one of them, who had been ordered to withdraw (an Ancient practitioner of the Law as we formerly had it among us) came at the head of those who had endeavoured to have chosen Speaker, and after they had joyned with us as above, protested they could not sit and act with our Speaker, and by their persisting in it have obliged us to cause new Elections to be made in their steads. Their pretence for which their extravagant proceedings is, that the Speaker is an alien, and that they were not aware of it till then, whereas the same objection had been made in the last Assembly, while he was but a private Member, and upon examination of the matter, 'twas reported by a Committee and agreed to by the House, as the fact in truth is, that he is within an Act of Naturalization which passed in this Province 1683, which expressly naturalizeth all persons professing the Christian Religion, except servants and slaves, that were actually inhabitants within the Province at the passing that Act, and should take and subscribe to the Oath of Allegiance without limiting any time for the same. But so it is that some Englishmen by birth, most of which are no otherwise considerable but as they are factors for persons in England or elsewhere, who can withdraw their effects at pleasure, joyning with some merchants of the same extraction with some of us, and with several French Merchants, endeavour to make divisions among us, pretending to set up for an English interest separate from us, who are some of us English by birth, and others have either been born under the English Government, or by being naturalized are entituled to the same privilidges within this Province, and they profess that they will never be quiet till we are made or treated as Aliens. And to effect their design, as we are given to understand, the Members, who withdrew from the Assembly, with some others of their Faction, after they had animated one another at a Tavern, where they continued together most of the night, subscribed a misrepresentation of us, and made contributions among themselves for a considerable summe of money, which they intrust with one Mr. Charles Lodowick, joined in Agency for them with Mr. Montague, an Attorney at Law, by means whereof they propose to themselves to bring the Body of the Proprietors of this Province into subjection to some English, French and Dutch Merchants of this City, who expected to disable us from the continuing an Additional Duty, which expired in May last, and from providing for the defence of this Province in this time of eminent danger. This necessary account of ourselves and our unhappy divisions, which we hoped the moderation of our Lt.-Gov., the wisdom and prudence of William Atwood, Esq., our Chief Justice, and of Thomas Weaver, your Majesty's Collector and Receiver General, might have healed, we lay before your Majesty with all humility and deep sense of your Majesty's goodness to us lately expressed in the sending over of so excellent a person to be our Chief Justice. Signed, Abraham Gouverneur, Speaker, David Provoost, Johannes De Peyster, Isaac De Riemer, Gerrit Veg, Henry Fowler, Cornelius Van Brunt, Hendrick Hansen, Ryer Schermerhoorn, Jacob Mutrun, Aidu, Pieter Herring, Andries Hodijemans, Johannes Beecher, Cornelius Sebering. Gabriel Ludlow, Clerk to the Assembly. Endorsed, Recd. April 14, 170½. 5 pp. [C.O. 5, 1047. Nos. 25, 25.i.–iv.; and (without enclosures) 5, 1119. pp. 114–122.]
Dec. 29.
New York.
1118. Lt.-Gov. Nanfan to Mr. Popple. Enclosing the following. Signed, John Nanfan. Endorsed, Recd. April 14, 1702. 1 p. Enclosed,
1118. i. Minutes of Council of New York. Dec. 18, 1701. 1 p.
1118. ii. Duplicate of preceding. ¾ p.
1118. iii. Minutes of Council of New York. Dec. 22, 1701. 1 p.
1118. iv. Minute of Council of New York. Dec. 18, 1701. Endorsed, Recd. April 14, 1702. 1¾ pp.
1118. v. Duplicate of No. iii. Same endorsement. ½ p.
1118. vi. Minute of Council of New York. Dec. 29, 1701. Same endorsement. 1 p.
1118. vii. Memorandum of Minutes of Council of New York. Aug. 4–Sept. 20, 1701. ¼ p.
1118. viii. Memorandum of Minutes of Council in Assembly of New York, Aug. 19–Oct. 18, 1701. ¼ p.
1118. ix. Memorandum of Journal of House of Burgesses of New York, Aug. 19–Oct. 18. ¼ p.
1118. x. Memorandum of Acts of New York, Aug. 19–Oct. 18, 1701. ¼ p. [C.O. 5, 1047. Nos. 26, 26.i.–x.; and (without enclosures) 5, 1119. pp. 97, 98.]
Dec. 29.
New York.
1119. Lt. Gov. Nanfan to Mr. Secretary Vernon. Enclosing Governor Heskett's Memorial. I understand that the King has been pleased to appoint my Lord Cornbury to be Governor, and no provision any way made for me. Refers to his services in procuring grant of country from the Indians, and the passing of the Additional Duty Bill, etc. If anything should offer I may be thought capable of, I shall be very proud to accept what H.M. shall please to bestow. Signed, John Nanfan. 3¾ pp. Enclosed,
1119. i. William Atwood to Lt. Gov. Nanfan. Dec. 27, 1701. Upon the charges in Col. Haskett's Memorial against James Crawford, Graves and Prideaux, I am of opinion that the matters sworn against them, with so much as has been confessed by themselves, amount to High Treason, wherein all aiders and abettors are Principals, and therefore by the Law bayl ought not to be taken for them. Signed, W. Atwood. Copy. 1 p. [C.O. 5, 1047. Nos. 27, 27.i.]
Dec. 29.
New York.
1120. Mr. Atwood to Mr. Secretary Vernon. I know your affairs to be so great and of such importance, that I should not presume to trouble you were it not with a controversy, wch. my Admiralty Commission has engaged me with the Government of Boston, for so I must now term it, since a full Council there has countenanced the proceedings of their Superior Court, wch., instead of doing me justice upon my Memorial, have protected one who has contemned H.M. authority and libelled against the judicial proceedings of a Court of Admiralty, and tho' they have not yet come up to the word prohibition, have to the effect of it by terrifying the Marshall of the Court from executing its process.
At Boston and elsewhere within my Admiralty Commission, Marshalls and other Officers have been put in by virtue of Commissions which I never could see, given to Governors, some of which officers live in other Provinces, and others are too depending upon ye people where they live to discharge their duty. At Boston the Marshall is a Custom-house officer keeping a public house, and 'tis certain no process of consequence will be executed there unless some method be taken in England to vindicate H.M. authority. Signed, Wm. Atwood. Addressed. Sealed. 1 p. [C.O. 5, 1047. No. 28.]
Dec. 29.
New York.
1121. Mr. Atwood to Secretary Sir Charles Hedges. My zeal for H.M. service I hope may induce you to give me your protection against a great body of men with whom the Laws of England are far from being in due esteem, they flattering themselves because of the great distance, as one of their Judges did at Boston, when I threatened to complain to England of the indignities offered to H.M. Admiralty Commission. As that with wch. I am honored is under yours, it makes me apply to you, Sir, with the greater assurance, since they who by their Charter are cautioned against medling with any Admiralty jurisdiction would take to themselves an authority which stops the course of your justice upon appeals. An appeal to yourself or Deputy is threatened upon a sentence which I gave in an Admiralty Court against the ship of one Wake, which imported goods before it had been registered, but in their demand of an appeal they did not know whither to direct it, and no formal appeal being lodged, tho' sentence passed about a month since, I submit it to you, Sir, whether by the rules of the Civil Law any could be received, if otherwise there were ground for one. The pretended ground is that pending an Appeal to the King and Council from the judgment of the Council here, affirming a prohibition from the Supreme Court, I have proceeded to set aside the sentence of a former Judge grounded upon a supposed composition, which had no colour of law. The clause in the Letters Patents, wch. gives such Appeals, provides that they shall not suspend any judgment or sentence; which I take to be a sufficient warrant to proceed in execution of the judgment of the Supreme Court affirmed by the Governor and Council. An Appeal to the High Court of Admiralty is proceeding at the demand of one Capt. Vetche and another, who had the good luck to compound with the Officer at Boston for part of their French wines and brandy; and tho' the like, with tobacco of the growth of one of our Plantations and some East Indian goods were imported here, he expected to have got off by a plea that they were designed from one French port to another, insinuating, but not directly averring, that they were driven in by stress of weather, wch. yet is an importation. However, the plea is so very defective, not traversing great part of the charge, that it could never help him, if the matter were otherwise pleadable. The merchants here not liking prosecutions upon breaches of the Acts of Trade, hope to weary the Prosecutors by appeals to England, wch. I hope will receive no countenance; and that 'twill not be expected from a Common Lawyer that he should exactly observe the forms or methods of the Court of Admiralty in England, so that the Law be carefully maintained, wch. while I do to my power, I doubt not but you will afford your protection and favour to, Signed, Wm. Atwood. P.S.—My son takes leave to present his most humble service, etc. Addressed. 2½ pp. [C.O. 5, 1047. No. 29.]
Dec. 29.
New York.
1122. Mr. Atwood to the Council of Trade and Plantations. The superintendency of your Lordships over these parts I hope will excuse my troubling you with long accounts of my proceedings in introducing the Law of England, and preventing those abuses of the Acts of Trade which are too frequent, especially at Boston, wch. is the only place where the Admiralty Commission has been treated with contempt. Indeed the Governor and Council of Connecticut were of opinion that it interferes with their Cha[rter], and that they could not receive me as a Judge there till [they] should consult their Assembly; but I think I left [them] in a disposition to submit to that jurisdiction, yet [one] of their Council being Deputy Collector at New Lond[on, the] present seat of their Government, I expect not to hear from thence of any seizures or informations. And if any seizures are made 'tis very probable that the support which the Superior Court and Council at Boston have given to a Deputy Collector's fraudulent composition will encourage him and others to the like frauds, and [that] they will presume to continue a practice which perhaps obtains in all places hereabouts, except this, of putting the King off with a third of his third, supposing it's in the power of the officer, by taking one third for the whole, to conclude the King and Governor. I doubt not but they who are in the Government at Boston are beforehand with me in their complaint, and may have represented me as a warm man for my public exposeing the argument of one of their clergy, who mainteined that they were not bound in conscience to obey the laws of England, haveing no representatives there of their own choseing. I cannot but hope that my zeal for the laws and interest of England will ballance their sollicitations, and that your Lordships will not onely approve of what I have done there to assert H.M. authority among them, but will think of some way of obliging their Superior Court to withdraw the protection, wch. they have given the Deputy Collector against a sentence in the Court of Admiralty, which they not onely suffered him to lybel against in very indecent terms, but treated H.M. Commission with indignity, refusing to receive a Memorial wch. I offered as Judge of the Admiralty Court, till they had driven me from the side of the Bench, where strangers generally sit, to be among the Attorneys of their lawless Court, and suffering me to be interrupted by one Hern, who in affront to me, while I was giving sentence in the Admiralty, placed himself before me in his night-gown and shaved head without any covering. He was the penner and justifyer of the enclosed lybel, of which I complain in my Memorial, here submitted to the judgment of your Lordps. Instead of doing me justice upon it, they have continued their protection till ye Court in May next, after a General Council had been held upon it, after wch. they directed ye partie's Council to draw suggestions for a prohibition, a copy of which is promis'd me. 'Tis certain unless some farther authority from England check their proceedings, 'twill be impossible for H.M. Admiralty jurisdiction to have any effect there, since they will pretend to suspend the execution of its sentences as long as they shall think fit to consider of any petition, tho' never so scandalous and impertinent. The opposition which I met with deteining me there for some time while their Superior Court sat, I could not but observe and wonder at their methods abhorrent from the Laws of England and all other Nations, and directed by Acts of their Ass[embly], which give or allow four tryals in every cause, where the evidences are most in paper as cunning men draw ['em], and as a temptation to perjuries new proofs are adm[itted] at ye later tryals to encounter ye former evidence.
In my last I presumed to mention some of the grounds of my judg[ment] in the Supreme Court for a prohibition and deny[ing] [of] a consultation upon an illegal discharge in a Court of Admiralty of the ship of one Wake, who on the July 17, 1699, had imported hither goods of the value of 7,800l. sterl. prime cost, and yet had been let go by one Parmiter, then and still Naval Officer, upon a bond entered into by Wake alone in the penalty of 2,000l. conditioned for ye proveing that the ship had been registered before that time. The Governor and Council having affirmed the judgment for the prohibition, Wake has appealed home, but the Letters Patents which give the Appeale having provided that such appeal shall not suspend the execution of any judgment or sentence, I have proceeded in the Admiralty, where Wake refused to appear and plead, yet his former Attorney offered several things as Amicus Curice, principally the pendency of the Appeal, and, for evidence that the ship ought to be discharged, produced a letter to the Collector from the Commissioners of Customs, which mentions their having searched the general book of Registers and finding such a vessel was registered in August, 1699, for wch. reason they require him to discharge the ship upon oath made that this was the same then registered, unless there were other cause. But if the order had been absolute, it being grounded on a register since the importation, [this] as I conceive would not have been any warrant for me to discharge the ship, and I could not but take this to be an undenyable evidence that the forfeiture was incurred, and have made adjudication accordingly. From this they pretended to appeal, but were wholly uncertain in their demand, not knowing whither to direct it, and no formall appeal being lodged according to the rules of the Civil Law, I question whether they could have any effect of an appeal, if there had been ground for one. I have since put the sentence in execution, and Wake himself has bought her at a public auction for 700l. including 100l. allowed for melioration since the forfeiture and a treaty about letting her out.
One Mr. Veche (a Darien Capt. who has married the daughter of Mr. Levingston, said to have made a dismal representation of the state of this Province, in which I dare say there is not a word of illegal trade) is known to have been the person who came off so easily upon the seizure at Boston. He, with one Savin and Mr. Leviston's own son, have had worse luck with another parcel of wines and brandies, with other European goods, and to have imported in a vessel driven into a Bay at the East End of Long Island by stress of weather; the plea, upon which there is a demurrer seeming manifestly defective, I believe I shall have no occasion yet to determine whether this is not an importation within the meaning of the Act, 15 Car. c. 7, but if it be not, I am sure that Act may easyly be eluded. And I submit to the consideration of your Lordsps. whether to prevent the temptation, wch. men have to venture upon unlawful trade from the opportunities which they have of selling to the French or those of St. Thomas vessels, wch. had unlawfully imported goods, 'twill not be requisite to have a law in England, in such a case, to charge the parties where they can be found; and I submit it to consideration whether, if men may carry to foreign Plantations European goods wch. came not directly from England, 'tis not reasonable some particular provision should be made to prevent that supposed liberty with which unlawful trade is too often coloured and whether, if the vessels or goods cannot be taken, 'tis not fit that the persons guilty should be charged to the value. I must needs think, till otherwise advised, that if the stress of weather or any of H.M. men of war force into port vessels so trading, the vessels and European goods in them will be forfeited within the Statute, 15 Car., which certainly intended to prevent the trading as well as the importation, tho' the seizure and condemnation are only upon the importation. A practice has long obtained to the prejudice of the navigation and trade of England, as well as of this place, for the Merchants at Boston to send European goods hither in their vessels; whereas the Act, 15 Car., seems to intend that they should be brought directly from England to each place where they are imported; but this has hitherto been construed here as if 'twere enough if but once imported to any English Plantation. In this matter I crave the directions of your Lordps. Tho' my zeal for the Laws of England concerning trade has occasioned great clamours, they have been far short of what had been raysed upon my interposing with the law of England to secure the peace of this miserably divided City, and obliging men, who had been sworn into offices by the new Mayor alone, contrary to the return of the City and the express words of their Charter, to bring their actions upon the returns to mandamus's, and not suffering them to be accounted officers till ye matter should be determined in the Supreme Court. That this might receive no delay, I procured several ordinances of the Council for sittings of the Court, and at last have quieted the matter to a general satisfaction or at least acquiescence. And of 3 Aldermen with their Assistants who had been sworn by the new Mayor, after tryals one has quitted his pretension, and the two others have been sworn again according to the Charter upon peremptory mandamus's.
Refers to Governor Haskett's misfortunes. He has since prosecuted for piracy one Crawford, a bold young Scotchman, who had been active in the insurrection, and had goods on board taken out of the Governor's storehouse, and four patereroes and chambers taken out of a vessel belonging to H.M. and him, besides wch. he was one of those who seduced on shoar the Master of a frigot, in wch. the Governor was interested, by means of which the frigot was immediately after brought under the canon of the Fort possessed by men who had seized it in open rebellion against H.M., as I conceive it to be, the Lords Proprietors have ye Government under the Crown of England. Crawford had the good fortune to be acquitted by a majority of the Commissioners by virtue of the late Act and H.M. Commission here; to me it seemed that he himself acted as a pirate, and however being joined in treason with others who committed pyracy in prosecution of their treason, in which all must be principals, was answerable for all the consequents. Tho' he escaped, 'twas unanimously agreed, and so entered, that there was very probable cause for the prosecution. He and 2 of his accomplices are under confinement by order of the Council, the occasion of which your Lordships may observe by the enclosed opinion.
By these matters I have made many enemies, perhaps even more than Mr. Weaver, whose warmth in H.M. service, and great care to prevent irregular trade make many earnest for his removal, of which they think themselves sure upon the coming of a new Governor, with whom they have already laboured to make impressions to his prejudice. As to myself, whatever be the consequences, I hope God will enable me to discharge my duty, wch. tho' it require great pains and application for want of assistance, where I had reason to expect some; at least that ye inactivity of others should not tend to my reproach, I shall go through it with alacrity, if I can but understand that your Lordsps. approve of the sincere endeavours of, etc. Signed, Wm. Atwood. Endorsed, Recd. 14th, Read April 27, 1702. Addressed. 7½ pp. Edges torn. Enclosed,
1122. i. Abstract of preceding. 2½ pp.
1122. ii. Copy of proceedings of the Court of Admiralty against Wm. Payne, Deputy Collector, Boston, Nov. 3, 1701. On Aug. 25 he seized some hogsheads of wine and brandy to the value of 320l. imported into Boston by Capt. Veche in a vessel not duly registered and not laden in England. These he suffered to be embezzled and disposed of into hands unknown, and neither he nor any other officer of H.M. Customs have prosecuted with a view to having the said hogsheads condemned. Informant, Richard Harris, desired the advice of the Court and judgment on the hogsheads. Mr. Payne, being supplied with a copy of the above information, appeared next morning, but refused to plead. Ralph Harrison, Comptroller of the Customs, and Wm. Hill, a waiter belonging to the Custom House, were summoned to give evidence next day. The words "not duly registered according to the tenour of the last-mentioned Statute" were allowed as an addition to the Information. Ralph Harrison appearing refused to be sworn; the Judge (Wm. Atwood) committed him to the Marshall for contempt. Mr. Payne appeared again and refused to plead. The Judge offered to admit him Informer, upon another Information against the said wines and brandy, according to his pretended appraisement, but he refused, saying that what he had done was by his own authority, and that he was only answerable to the Commissioners of the Customs. Wm. Hill was sworn in Court. Next day, Nov. 6, Mr. Payne refused to accept the amendment. Henry Franklin, the Marshal, being lame and unable to appear, the Registrar was ordered to take his deposition out of Court. Ordered that Mr. Harrison, notwithstanding his contempt, have leave till next morning to bring his deposition to the Register, or that the Register draw up the same upon application to him. On Nov 7 the Register presented the depositions of Harrison and Franklin. Harrison ordered to be discharged from custody without paying fees. Mr. Payn allowing judgment to go by default, the Court ordered that 17 hogsheads of wine, 2 hhds. and 2 quarter casks of brandy, part of the wine and brandy in the Information mentioned, be condemned and divided into three parts as the Law requires; that Wm. Payne be committed for his contempt, and be not discharged till he produceth the said wines and brandy to be distributed as the Law requires, and is adjudged, unless he pay so much as he shall make appear the said wines and brandy were sold for, deducting what he can make appear to have sent to H.M. use, and that he be not discharged till this sentence be performed. Endorsed, Recd. April 14, 1702. 3 closely written pp.
1122. iii. Memorial of Chief Justice Atwood to the Superior Court of Boston, on the petition of the Deputy Collector, Wm. Payne. Nov. 10, 1701. Finding H.M. Admiralty jurisdiction exercised by him insolently lybelled against as an unjust invasion and illegal obstruction of the subject's liberty, H.M. interest and this country's service, in a petition brought into this Court by Joseph Hern, an Attorney of this Court, and so far countenanced that the said lybell has been ordered to be filed as deserving an answer, Mr. Atwood desires this Memorial may be made a Record of this Court. See preceding abstract. Mr. Payne without colour of authority suffered or directed an appraisement of the wines and brandy referred to, by persons no ways authorised, and without any writ of delivery, or legal warrant delivered them to the claimant, retaining, as he pretends 2/3rds of the appraised value in money, ⅓rd for himself and another for H.M., which he says he has transmitted to his use, but sinking (?) another ⅓rd due to the Government here. Mr. Atwood finding that in the construction of the Law these goods remained in Payne's hands as a forfeiture to be recovered at the suit of such persons as should sue for the same, and that this matter has been so managed as to encourage men to venture upon the like violations of the Laws of England, and that there had been too great connivance at this practice, upon information brought before him, offered the other Officers of the Customs to be allowed first Informers, upon Mr. Payne's refusing to inform, and they neglecting their duty, that such practices might be prevented, directed a person to inform, who exhibited an Information grounded upon the Act 15 Car. II for encouragement of Trade, and the Act for preventing frauds, both which Acts give the forfeitures in thirds, one to the person who should sue for the same, which by the last Act may be in the Court of Admiralty of any of H.M. Plantations. Refers to trial and sentence given in preceding abstract. Which Sentence has in an insolent manner been libelled against in a petition received by your Honours, wherein Wm. Payne, suggesting that your Court is by the Law of the Province invested with all the powers of the Courts of King's Bench, Common Pleas and Exchequer, in England, prays that you will advise upon his false state of the premisses, etc. (as above). Which libel being read in Court while Atwood was present, the Court suffered him to be interrupted by Hern, while he, the Judge of the Admiralty, as Judge but not as Advocate, as Hern treated him, complained of the indecency of the expressions in that petition, and would have informed this Court how frivolous and impertinent that petition is. For which he demands satisfaction, and that it be rejected for such an impudent affront as never was before offered in any Court, and that the authors be enquired after and punished, and he hopes the Court will think William Payne justly suffers for his contempt in not pleading and now signing such a scandalous petition. He does not wish to raise a dispute whether the Laws of this Province gives this Court the jurisdiction of the King's Bench, Common Pleas and Exchequer in England in any cases but what are within the Charter, for which particular processes are provided by your Laws, and upon which an appeal lies to H.M. in Council, or whether if the Law of England be received here in relation to prohibitions, tho' not provided for by any of your statutes, it will not open a freer course to that Law than you may be willing to allow of. Offers some suggestions "to remove all colour from the petition." Proposes that the Court recommend the Council to supercede Mr. Payne, that his obstinacy may not occasion any damage to H.M., and hopes he shall be assured before his departure (which his post requires forthwith) that he shall have no occasion to complain to England of being obstructed in the execution of his Commission, and that a public affront to H.M. Admiralty jurisdiction within this Province is countenanced and supported by this Court. Yet if possible to avoid the consequences of any clashing between the jurisdiction of this Court and that with which the said Judge of the Admiralty is invested, since a Prohibition has been talked of and pressed by persons who know little of the Law of England from whence they would derive it, he farther informs this Court that the King's Bench of England never granted a prohibition to the Ecclesiastical or Admiralty Court upon matters in any respect within their cognisance unless a plea, which the Common Law would allow to be good, were rejected, but since Payne has been guilty of so manifest a contempt as above, should this Court after sentence and execution issued out interpose to rescue or shelter him, 'twould assume a jurisdiction which was never executed or pretended to by the King's Bench of England. Signed, Wm. Atwood. Endorsed as preceding. 3⅓ closely written pp.
1122. iv. Wm. Atwood to Lt. Gov. Nanfan. Dec. 29, 1701. Opinion upon the case of Crawford, Graves and Prideaux, that they ought not to be admitted to bail. Same endorsement. 1⅓ pp.
1122. v. Copy of Petition of Wm. Payne to the Superior Court, as described in No. iii. above, praying for remedy, and that in the meantime all process out of the Court of Admiralty against petitioner be stopt, and that he may be heard by Counsel before this Court. Signed, Wm. Payne. Same endorsement. 1¼ pp.
1122. vi. Copy of the Minutes of the Superior Court of the Massachusetts Bay, Nov. 4, 1701, on the petition of the Deputy Collector against the Sentence of the Admiralty at Boston (abstracted in No. ii. above). Ordered that Richd. Harris be served with a copy of the petition. The Court adjourned to the 10th, when William Atwood appeared and declared Harris to be his man, and that he should not appear to answer the petition, and that he had set up Harris to be informer. Harris not appearing, the Court did advise till the 18th, being to open a Superior Court to-morrow at Salem, Wm. Payne being Deputy Collector etc., that H.M. service may not hereby suffer in the meantime. All Officers are therefore prohibited from seizing or restraining his person by virtue of any execution pursuant to the sentence of the High Court of Admiralty, Nov. 7. Nov. 18. The above order was continued in force until the Court take further order. Attested, Elisha Cook, Cler. Same endorsement. 1 p. [C.O. 5, 1047. Nos. 30, 30.i.–vi.; and (without enclosures) 5, 1119. pp. 98–109; and 5, 910. pp. 197–201; and (Memoranda of letter, and ii., iii., v., vi.) 5, 862. Nos. 86–90; and (duplicates of iii.) 5, 862. Nos. 91, 92.]
Dec. 29.
New York.
1123. Wm. Atwood to Mr. Popple. I must entreat you to make a favourable representation to their Lordships, etc. Signed, W. Atwood. Endorsed, Recd. 14th, Read April 27, 1702. Addressed. Sealed. ¾ p. [C.O. 5, 1047. No. 31 ; and 5, 1119. p. 110.]
1124. Bishop of London to [?Mr. Popple. I humbly entreat you to make use of your hands to lay the inclosed grievance [No. 906] before your Board. It is of that nature as, if passed unconsidered, will overthrow ye poor infant Church just now set up there : besides I do not think the King is one moment secure of ye Fort there, in case we should fall out with France. For what is to be expected of such a person [as Capt. Powell. Ed.], but that he should deliver all up to ye highest bidder.
Let me likewise beg of you to propose that Mr. Pen's Act about marriages may not pass : for it will be impossible for any but Quakers to live where that Law shall prevail. It is Act 25, Oct. 14, 1700.
There is another Act I humbly desire may not pass. It was made at New York, July 29, 1700, for declaring the Town of E. Chester a distinct parish from that of W. Chester. The several Churches are well settled by a former Act, and if this should pass, it would ruine all. Signed, H. London. Endorsed, Recd. Read Dec. 31, 1701. 1 p. [C.O. 194, 2. No. 53 ; and (Memorandum only ¼ p.) 5, 1261. No. 40 ; and 5, 1047. No. 32.]
Dec. 29. 1125. Affidavit of John Goodwin, late Marshall of Nevis, that his kinsman, John Pogson, has been in peaceable possession of the Mannor of Godwin Plantation for some years. Signed, John Goodwin. ½ p. [C.O. 152, 4. No. 70.]
Dec. 29. 1126. Affidavit of William Mead to the same effect as preceding and as to his being turned out. Signed, Wm. Mead. Endorsed, Recd. Dec. 30, 1701. Enclosed,
1126. i. Copy of Mr. Freeman's patent for the Manor of Godwin in St. Christopher's. Approved by the Council of St. Christopher's. Aug. 7, 1699. Signed, James Norton, Wm. Willett, Hen. Burrell, Mich. Lambert, John Garnett. Same endorsement. 1½ large pp.
1126. ii. Copy of Warrant for commitment of John Pogson and Leonard Woodward for a forceable entry and detainer. May 22, 1701. Signed, Sam. Crooke, Step. Payne. 1¾ pp.
1126. iii. Petition of John Pogson, Attorney to William Freeman, to Governor Codrington, praying him to take notice of his forceable dispossession of the Manor of Godwin. May 23, 1701. Mem. An answer was promised but never performed. Copy. 1 p.
1126. iv. Affidavit of Wm. Mead as to the signature of Jno. Smargin jr. Signed, Wm. Mead. Dec. 29, 1701. ½ p. [C.O. 152, 4. Nos. 71, 71.i.–iv.]
Dec. 29. 1127. Affidavit of Mr. Mead as to the signatures of John Pogson and James Taylor. 1 p. [C.O. 152, 4. No. 72.]
Dec. 29. 1128. Minutes of Council of the Massachusetts Bay. Sampson Hegin, Capt. Samuel, Capt. Bomazeen, Shawenes, Nittaumemit and Peaw, with some other Indians, arriving here on 27th, waited upon the Gentlemen of the Council then in Town, at the Council Chamber, with a Message and presents from the Sagamores of the several Plantations of Arrocomecoog, Ammasakimtick, Norridgewog and Penobscot, within the Eastern parts, and by Sampson Hegin, their Speaker, said, In times of peace friends used to discourse one another, that they were glad to see them well ; that they were sent by the Indians to make a path from Merry Meeting to this place ; and laying down a Belt of Wampum at length upon the floor, said, We have made the Path fair and smooth as this Belt, that we may have news pass betwixt us to hear how things go, and also said that they were much beholden to the Council that they had of late considered them ; that what they said and did proceeded from their hearts ; that if war should happen between England and France, they would have all calm and quiet in this Land, and would not have it affect them. Laid down ten Beavers. Made proposals for supplies to be sent them of provisions and goods for trade.
The Board now made answer, after presenting each of them with a shirt and a blanket.
20l. paid to Joseph Beane towards the cure of his hand, almost shot away in H.M. service by the breaking of a gun.
15l. paid to Thomas Mitchel for piloting H.M.S. Gosport.
400l. to 500l. of goods ordered to be delivered to Capt. Southack to be carried by him to the Eastward for Trade with the Indians. [C.O. 5, 788. pp. 114, 115.]
Dec. 29.
1129. Minutes of Council of New Hampshire. 4l. 18s. paid to William Partridge.
The complaint of Ichabod Plaisted, Dep. Surveyor of H.M. woods and timber, against Jeremiah Gilman, James Gilman and David Gilman, about cutting down of several trees not surveyed, contrary to the King's Order, was read at this Board, all parties appearing. The defendants submitted themselves to the Board, were ordered to pay the charges, 9l. 3s., and stand committed till they pay the same. [C.O. 5, 789. p. 77.]
[Dec. 30.] 1130. Mr. Hutcheson to the Council of Trade and Plantations. In reference to Mr. Freeman's petition, I have received no information from Gov. Codrington. Prays that no Representation be made to his disadvantage till he has first had an opportunity of making his defence etc. This your Lordships will the more easily grant when I have informed you of some things in this case, which I believe the Petitioner will allow to be true, and are generally known to all who have been for any time conversant in the affairs of the Leeward Islands, and which will set the case in a very different light. After the taking of the English part of St. Christophers by the French in the former war, several of the English sold their Plantations to Frenchmen, and amongst others the father of the petitioner sold his to M. de Chambré, or some other Frenchman from whom de Chambré_ did afterwards purchase, for a certain quantity of Sugar ; as those deriving under the Frenchman's title allege, the whole consideration was paid, but as the petitioner's father did allege, there was only a small part of the consideration paid. In accordance with the Treaty of Breda, 1667, and an Explanation of some part of it relating to St. Christopher's, concluded between Charles II and the French King, Dec. 14, 1668, it was agreed that all the English who had not sold their Plantations should be immediately restored to the possession of them, and likewise those who had sold, on paying back the purchase received, but in case the said purchase was not paid or contracted to be paid within a year and a day after publication of these Orders, that then the English so neglecting should be barred of all future demands against the French, and that such as should remain in the English part of St. Christopher's, taking an oath of fidelity to the King, should be treated with the same favour and equal justice as English subjects. Several Frenchmen enjoyed the Plantations which they had purchased according to the aforesaid Articles, but many if not most of them did afterwards sell to English purchasers, who and those deriving under them have since continued by virtue of that title to enjoy the same. Amongst others, M. de Chambré_ kept possession of the Plantation purchased as aforesaid from the petitioner's father, claiming it in virtue of the aforesaid Articles, but the petitioner did always disown his title, alleging that only a small part of the purchase was paid, and did thereon make such applications as he thought proper in order to a recovery of the same, but was never able to effect it ; and 'tis true in fact that M. de Chambré_ did lease the said Plantation at a yearly rent, and that his lessee was in possession thereof until the English part of the Island was taken by the French in the late war, and then the lessee, which was an English, was dispossest. Thus far I believe Mr. Freeman will agree, but whether there be now any lease or grant from M. de Chambré_ in being, and whether it has been made before or since the late war, or what else has been done by virtue of any power from him since the last taking of the Island by the French, I am not able to inform your Lordships. But from what is suggested in the petition it appears that Cunningham did pretend, by virtue of some title or power under de Chambré, to have been in peaceable possession, and that therefore the Petitioner's Agents had wrongfully taken and did wrongfully detain the possession from him. How this fact really is will appear when both parties are fairly heard. It seems reasonable that those who have been so long in possession should be preserved till evicted by a due course of law. What is said of Crook and Pain being only pretended Justices seems not very probable, being nominated in Col. Codrington's Instructions as two of the Council. But whatever the proceedings were in relating to the forcible detainer, there is a mistake in the petition in setting forth the same to have been for the whole Plantation, for 'tis true in fact that the Petitioner's Agents were then and for above a year before had been only in possession of a divided moiety of the Plantation, and the other moiety in possession of Col. James Norton, who after the obtaining of the Letters Patents, until a division made between him and the Petitioner's Agents, was possessed thereof in common with them, and as to the divided moiety of Norton, there were no proceedings, but the possession without any contest quietly delivered up. It was Norton who procured the Letters Patents in Petitioner's name, and did thereon obtain possession of the Plantation, and by articles between him and the petitioner concluded about the beginning of 1698, and also by further articles between him and Mr. Pogson, Petitioner's Agent and Attorney, 'tis agreed that a conveyance shall be made to Norton and his heirs of one moiety of the Plantation. Upon the whole it seems evident that as to one moiety, the Petitioner has no foundation for his complaint, and as to the other what I have mentioned opens a fair view how the aforesaid Justices may have acted very carefully in convicting the petitioner's Agents of a forcible detainer, and that Col. Codrington has done no wrong in refusing to restore them to a possession legally taken from them. As to the threatening expressions charged against Col. Codrington, I hope and do believe the petitioner is misinformed, etc. Signed, Arch. Hutcheson. Endorsed, Recd. Dec. 20, 1701. 3½ pp. Enclosed,
1130. i. Copy of part of Col. Norton's letter to Mr. Hutcheson relating to his agreement with Mr. Freeman concerning a Plantation in St Christopher's. 1 p. [C.O. 152, 4. Nos. 69, 69.i. ; and (without enclosure) 153, 7. pp. 313–321.]
Dec. 30.
1131. Mr. Larkin to the Council of Trade and Plantations. Since my last the Governor is returned and I have settled the forms of proceedings for trial of pirates here, and am preparing to return to Philadelphia for want of the conveniency of a passage from hence to Bermuda or the West Indies, tho' I am very much afraid I shall not be able to get there by reason of the frost. I have not met with any person that hath seen a pirate a con- siderable time, excepting one Davy, Master of a small sloop, the City of James Town, who about three months ago in his outward voyage to Providence was plundered by a vessel of ten guns. Signed, Geo. Larkin. Endorsed, Recd. June 8, Read July 22, 1702. 1¾ pp. Annexed,
1131. i. Abstract of preceding. 1 p. [C.O. 5, 1312. No. 23 ; and 5, 1360. pp. 208, 209.]
Dec. 30.
1132. Governor Codrington to the Council of Trade and Plantations. My last from Antigua advis'd your Lordps. I was coming down here to hold a General Council and Assembly. The Acts which Mr. Cary will deliver, and which I hope may have the honour of your approbation, will let you know what we have been doing here. There is one wch. relates to myself, wch. with the address that came with it, I beg your Lordships to lay before H.M. The General Assembly were going to have made me a much more considerable present, but I let them know I should hold to my first assurances and accept of nothing beyond a piece of plate as a lasting Monument of their esteem for me. I'm sure I have not been guilty of too much complaisance to win their affections, and have taken more pains to do them good than to please them. The Act relating to the clergy I drew myself, such a one being highly necessary, in many respects, and I gave the heads of that which provides supernumerary arms ; the rest I carefully overlook't and corrected, so I hope your Lordps. will find noe very great absurditys in them. I had proposed some other good Laws to the Council and Assembly, particularly to establish a regularity and uniformity in our Courts of Justice thro' all the Islands, but I could not bring the Deputies of the several Islands to an agreement ; the Antigua people were unwilling to part with their Act, and I would by no means establish it thro'out the Government, as being a very pernicious Act to trade, tho' it has had the honour of your Lordps.' allowance, for the proceedings settled by it are very delatory, and the manner of execution downright roguery. So that our former confusion was infinitely preferable to such a regularity. Sometime or other I hope they will be wise and honest enough to alter it, especially since the people of Nevis are inclined to settle shorter and fairer methods. I have therefore given the Assembly here a short preface, and the heads of such an Act of Courts as yr. Lordships I hope will approve and the Merchants think for their service. This they have promised shall be ready for me in ten days, in which time I hope to be back here agen, for I have been but two days at St. Kits (where I reviewed, exercised and encouraged the Militia) since I came this time to Leeward. I was just going thither when I received the enclosed, which makes me hasten up to Antigua. We have lost a very useful man in Major Martin. Next to Governor Yeomans, I think truly he was willing to take the most pains in public busnes, and was the best fitted for it of any man in the four Islands. I'm afraid he was guilty of some unusual act of severity, or rather some indignity towards the Corramantes, for they are not only the best and most faithful of our slaves, but are really all born Heroes. There is a difference between them and all other negroes beyond what 'tis possible for your Lordships to conceive. There never was a raskal or coward of yt. nation, intrepid to the last degree, not a man of them but will stand to be cut to pieces without a sigh or groan, grateful and obedient to a kind master, but implacably revengeful when ill-treated. My Father, who had studied the genius and temper of all kinds of negroes 45 years with a very nice observation, would say, Noe man deserved a Corramante that would not treat him like a Friend rather than a Slave, and all my Corramantes preserve that love and veneration for him that they constantly visit his grave, make their libations upon it, hold up their hands to Heaven with violent lamentations, and promise when they have done working for his son they will come to him and be his faithful slaves in the other world. I am so far from being surprised at what has happened, that I often wonder there are not attempts of the same nature every day. Mr. Gamble, from a concern for his friend, I believe was in a maze when he writ his letter. I think 'tis plain the negroes had noe design on their Mistress or ye rest of the family, or else they would soon have chopt them to pieces, but the account we have lately received of a new plot of the negroes in Barbadoes I believe has helpt to increase the consternation of our people. Your Lordships will find I had reason to complain of our want of small arms, and that there was a necessity of such an Act as I have made for the arms which are sent us from the Tower are so slight that they are only an expence to the King and noe service to the Islands. I hope I may now persuade the Antigua people to such an Act of Militia as I would have; without more power than I have at present I can neither hope to defend the King's hands or my own honour. I'm sure I have taken more pains abt. the Militia of Antigua than any sergeant of the Guards ever did. It has cost me above 300l. in entertainments to the Officers that I might bring them together to learn what they ought to teach those they command, but I can't make arms nor mend them, and I gave your Lordships timely notice and have often repeated to Mr. Cary our great want of small arms. Signed, Chr. Codrington. Endorsed, Recd. 4th. Read March 10, 170½. Holograph. 6 pp. Enclosed,
1132. i. Abstract of preceding. 2 pp.
1132. ii. Mr. Gamble to Governor Codrington. The relation I am about to give your Excellency is soe surprising and strikes soe deep into my soul that am scarce capable of proceeding further. It was, Sir, on the 27th inst. about 8 in the forenoon that about 15 new Calamantee negroe men belonging to Major Martin came up to his chamber door, fell on him in the presence of his wife, several white men and women belonging to the Plantation, and with their knives and bills barbarously murthered him. Details. The intervention of his wife saved him for a moment. Then murderers cut off his head, "which we afterwards took up in the grass, where they had washed it with rum, and triumphed over it." I posted away immediately on the news with a few men on horseback, and found all the whites were preserved by a sort of miraculous escape, but the negroes in arms with the Major's guns. One of their out sentinels presented at us, but was shot dead in a moment; the rest ran into the canes before we could come up with them. We have had several parties ever since after them, and have taken two concerned in the murther, besides some others as yet doubtful whether in the combination or not. Were I to acquaint yr. Excellency the commotion this action has made in the country, and the unprovidedness of almost every one on this occasion of surprize, you would be astonished at it; in short there was scarce a man could find a gun, and he that could had neither powder nor ball nor sword. Should an enemy land I have good reason to believe we shall be under the same circumstances, if your Excellency's arrival and a severe Act of discipline upon it prevent not. St. John's in Antigua, Dec. 29, 1701. Signed, Geo. Gamble. Endorsed, Recd. 4th. Read March 10, 170½. Addressed. 2 pp.
1132. iii. Memorandum of Acts passed at a General Assembly of the Leeward Islands at Nevis, Dec. 1701. Endorsed, Recd. March 4, 170½. Slip. [C.O. 152, 4. Nos. 73, 73.i.–iii.; and (without enclosures) 153, 7. pp. 418–424.]
Dec. 30.
1133. Journal of Council of Trade and Plantations. Mr. Freeman attended, accompanied with Mr. Brown, and Mr. Cary and Mr. Hutchinson, as ordered Dec. 22. Mr. Brown spoke on behalf of Mr. Freeman, to the effect of his petition, and offered some affidavits in proof of the matters of fact therein set forth. Whereupon Mr. Hutchinson, in order as he said to avoid all needless trouble, declared that tho' he be not instructed in this matter by Col. Codrington, yet being his friend and having some general knowledge of the Leeward Islands, he was ready from thence and from the observations he had made on Mr. Freeman's petition to acknowledge several facts relating to the case and to offer some things that might set it in a different light, and then proceeded to say that he allowed Mr. Freeman did obtain Letters Patents from the President and Council of Nevis for the Plantation called the Manor of Godwyn, and was in possession of one divided moiety thereof at the time of the forcible entry complained of; the other moiety then being in the possession of Col. Norton, Lt. Gov. of St. Xtopher's, who quietly delivered up the same; that he allowed also the proceedings mentioned in the petition to be true, but denied the truth of the suggestion that Cuningham had not formerly been in quiet and peaceable possession of the said Plantation; on the contrary, he affirmed that Cunningham was in possession thereof by virtue of a title of above 25 years standing; and then argued that Cuningham having been forcibly dispossessed by Freeman, the proceedings made by the two Justices to restore the possession to Cuningham were right. He further explained the nature of Cuningham's title, by setting forth that about 1664 St. Christopher's was taken by the French and many Englishmen then made prisoners, divers of wch. sold their Plantations to the French, of whom Mr. Freeman's father was one; that by the Treaty of Breda, 1667, and further explanation Articles in 1668, it was agreed that all Englishmen who had sold in that manner should, upon repayment of the price, be restored to their Plantations etc., that Commissioners were accordingly appointed both by the King of England and of France to settle the execution of those Articles; that some French men then sold, and the English purchasers have ever since remained possessors of those Plantations; that other Frenchmen remained possessed of what they had, and became subjects of the Crown of England; that M. or Mme. de Chambré_ was in this manner possessed of the Plantation in question, and that Mr. Cuningham's possession was under a title from the said de Chambré_. But to this Mr. Brown replied that the price of the Manor of Godwyn, contracted for by Major Freeman's Father when he was prisoner with the French, was never paid, or at least but a very small part of it, and that he had therefore always claimed a right thereto, so that the grant made unto him by the President and Council of Nevis was rather to be looked upon as a confirmation and settlement of an ancient title than as a new grant; and he argued that supposing his title were not good, yet he ought to have been dispossessed by some legal proceedings, and not by a forcible entry upon the view of the two Justices of Peace, and therefore insisted that he ought to be restored to possession. Mr. Hutchinson answered that Mr. Cuningham having been formerly quietly possessed of the said Plantation, and forcible turned out by Mr. Freeman, or his Agents, the proceedings of the Justices of Peace upon complaints made by them of that forcible detainer were legal and proper proceedings; and insisted that nothing be done in prejudice of the same otherwise then by due course of Law, nor any censure passed upon Col. Codrington's conduct in that matter until he have first been heard. Mr. Brown delivered to the Board copies of several papers relating to the matter, copies of some of which were ordered to be delivered to Mr. Hutchinson for his answer. Mr. Hutchinson delivered a Memorial and an extract of a letter from Lt. Gov. Norton. Both sides were directed to attend again this day sennight.
Mr. Hutchinson and Mr. Cary moved their Lordships that, in order to their better answering what may be objected to-morrow against Col. Codrington by Mr. Meade, they might have copies of the certificates of the Councill and Assembly of Nevis relating to the conduct of Col. Codrington, July 9. Ordered accordingly.
Dec. 31. Mr. Cobb, in behalf of Mr. Mead, and Mr. Hutchinson and Mr. Cary in behalf of Col. Codrington attending as ordered Dec. 23, Mr. Cobb declared that Mr. Mead is sick and desired the hearing might be deferred. Parties accordingly ordered to attend this day sennight.
Mr. Cobb then desired their Lordships to take into consideration Col. Norton's petition and the order of Council upon it, that he had brought, which being again read, Mr. Hutchinson observed that the petition is not signed; whereupon Mr. Cobb being asked by whose order he presented it, he named Mr. Ball, a Merchant, an Agent for Norton. But Ball, being also present, acquainted their Lordships more particularly that about a year ago Col. Norton did indeed send to him a petition that he might have leave to come for England (quite different from this now in question) but that he had not thought fit to move in it; that he lately received a letter from Col. Norton, dated Sept. 16, signifying that he is now settled in a good Plantation and desiring Ball to desist from petitioning, that Mr. Mead having shewn him some letters from Col. Norton to himself, he delivered all the papers in his hands to Mr. Mead; that he did not direct this petition to be presented, but on the contrary declared to Mr. Mead that he would not be at any charge about it, and therefore supposes it has been done by Mr. Mead's direction. Whereupon Mr. Cobb declared that he desisted from the prosecution of the said petition, and did not desire that any further proceedings should be made upon it.
Letter from the Board of Ordnance, Dec. 27, relating to some stores sent to Jamaica etc., read. Directions thereupon given for advising the Governor on the first occasion that he may move the Assembly of Jamaica to make provision for payment as therein desired.
Letter from Capt. Richards, Newfoundland, Sept. 8, with enclosure, read.
Mr. Prior communicated to the Board a Letter from the Bishop of London with an extract from a letter from Mr. Jackson, Minister at Newfoundland, relating to the state of that place, wch. were read; and whereas his Lordship further mentions an Act of Pensylvania relating to Marriages, and an Act of New York relating to the Towns of East and West Chester, which he desires may not be approved, ordered that his Lordship's notes upon those Acts be taken into consideration when the Acts themselves come before the Board. [Board of Trade. Journal, 14. pp. 254–265.]
Dec. 31. 1134. Mr. Hutcheson to the Council of Trade and Plantations. Answer to the petitions of Mr. Mead and Mr Shipman, in relation to two Plantations in Nevis. The Council and Assembly of Nevis have lately written to your Lordships of their great satisfaction of Col. Codrington's conduct. (1) As to Herbert's being encouraged by the reasons suggested to prosecute his title. 'tis so far from truth that the suit which preceded the trial May 13, 1701, was commenced before Col. Codrington's arrival and was adjourned from a preceding sessions, Nov. 5, 1700, and the petitioner Mead dos very well know that Herbert has for above 15 years been endeavouring to recover his just right. (2) The Governor's sitting on the Bench is not contrary to the practice of his predecessors, who have usually done so, and that as Chief Judges of the Court, even when the Chief Governours resided at Nevis, and the causes heard at the said Court came before the Governor and Council there by way of Appeal, who had been before Judges thereof; and how improper soever, thus, in fact, the practice has been, and certainly in Col. Codrington's case the practice is much less liable to exception, for though there be an appeal to him, yet 'tis not to him alone, but to him and the Council of another Island, before whom the cause was not before. Allowing petitioner's representation of Col. Codrington's behaviour, 'tis evident he influenced the Court no further than what he had authority as Chief Governor to have enjoyned them, viz., not to stop the course of Law nor to delay this suit on frivolous pretences. The matter in dispute had been long depending, and to the great reproach and scandal of the Justices of the place, the Plaintiff for many years was not able to obtain a fair trial, but from time to time delayed by the interest and management of his powerful adversaries, and though he did once obtain judgement against the petitioner Harvey's father then present in Court and refusing to make defence, yet that too they have found means to render ineffectual. This Plantation was formerly rented to one Mr. Eddy, and since to the petitioner Mead, who married Eddy's widow, and at no greater rent than 100l. per annum, and if one crop of canes be worth 3,000l., the Lessees have been plentifully rewarded for their extraordinary care in supporting their Lessor's title. If therefore; in a case of uncommon oppression, when the low and mean was borne down by the power and interest of the rich and mighty, Col. Codrington has appeared, for the support of Justice, with zeal and warmth, it may appear matter for his honour and reputation. States the case at length. Prays that a gentleman who serves H.M. and the public with honour and integrity may not suffer in his reputation before he has had an opportunity of making his own defence. Signed, Arch. Hutcheson. Endorsed, Recd, Read Jan. 13, 170½. 10½ closely written pp. [C.O. 152, 4. No. 74; and 153, 7. pp. 338–366.]
Dec. 31. 1135. Mr. Morris to the Council of Trade and Plantations. After so much noise and clamour as was made against Colonel Hamilton by his unalterable enemy Mr. Dockwra, I did expect a List of particular charges against him, of such crimes and male administrations as ought to have barred him H.M.'s favour, and the reason I undertook his defence was because to my knowledge, his conduct from 1692 till Basse's arrival was to the general satisfaction of the Inhabitants, and from his second arrival in that Colony, in 1699, untill I left the Province, even his Enemies did not alledge anything against him, but his want of a sufficient and lawfull power to command them, which if he had (in their opinion) been clothed with, they had not only then, but would now readily obey, not by force but choice. It is no small justification of a person in the Colonel's circumstances, that after a series of almost (if not quite) ten years administration, his most inveterate Enemies (who certainly would not omit anything materiall) cannot find any particular to accuse him of, but lay to his charge such generalls, as may be alledged against any Governor whatsoever, and may with greater probability be supposed false than true, and even if true, may not be criminall.
It is very possible a Governour may omit to put in execution those Orders and Instructions he receives, but it's not to be imagined a man in his right witts would act directly contrary to all of them; even the largeness of that accusation makes it almost impossible to be true, and if it were, such might have been the nature of their Instructions that it had not been criminall to have disobeyed them (had they been absolutely enjoyn'd) but the contrary. In 1687 (I think) the late King James reunited the Province of East Jersey and some other Proprietary Governments to the Crown and put them under the Administration of Sir Edmond Andros, who gave Colonel Hamilton the Cheif Command of that Province in his absence, but not long after the late Happy Revolution hapning, the severall Governments reassumed what they thought to be their rights, and among the rest New Jersey, but was (as all the rest) at that time in confusion. Colonel Hamilton therefore thought fit to take shipping for England to accomplish its speedy settlement, and not (as his Accusers seem to insinuate) because of their complaints. In his voyage home, he was unhappily taken by a French ship where he lost some accounts relating to them as their Agent, notwithstanding they were so well satisfyed with his former conduct, that they gave him a Commission in 1692, and if what his Accusers aledge were true, and he so faulty as they would paint him to yr. Lordships, they were unwise for so doing. He returned to New Jersey, and by virtue of this new Commission took the Government on him, and his Administration was to the great service of the Crown, and universall satisfaction of the Inhabitants, as his present Accusers doe owne in so many words in a Petition to the Lords Justices. And the same Persons in that Petition do also acknowledg that the reason of their appointing Basse, was because they would avoid any colour of offence against the Act "for preventing frauds and regulating abuses in the Plantation Trade," and they write over to Colonel Hamilton in New Jersey, thanking him for his past administration, and assuring him that he should not have been removed by them, had he not been unquallified on the score of his Nation. So it was neither the breach of his duty, nor that they were provoked by his usage, as they falsely alledge, that induced them to remove him, and put Basse in his roome. What opposition or afronts Basse met with, Colonel Hamilton was not concerned in, but diswaded them. It was from me he received some of them, not put on by Col. Hamilton or anybody else. I did nothing but what I might lawfully and am ready to justifie everything I did (on that score) when called to an account for it. Bass's administration was such that the Generality of the Country extreamly dislik't it, and writ home to the Proprietors, complaining of him, upon which they gave Colon. Hamilton a new Commission notwith- standing all that they alledged against him, and writ a verry sharpe Letter to Basse, and Councill, blaming them for classing the King's Naturall Subjects into English and Scotts, withall telling them, they had done Colonel Hamilton right in reinstating him in that Government, from which by a mistake they had removed him. Captain Bowne, that quiet man, with some others were so nettled at this Letter, which had so severely censured their ill conduct, during Basse's Administration, that they would not continue in the Councill, not because they had any aversion to a Scottsman, or to Colonel Hamilton in particuler (who they profest a great respect to), but because the Proprietors had afronted them, as a Letter under Captain Bown's hand to Colonel Hamilton makes appeare, and all those dire effects they talke of, proceeded from their aversion to the Proprietors, whose imprudent conduct (influence'd by Mr. Dockwra) not only gave rise to our unhappy divisions, but by a series of repeated follies, added fuell to those flames which rage amongst us with so much fury. For that small part of the Proprietors who are now Colonel Hamilton's Accusers, finding that Captain Bowne and that partie had so farr resented the affronts they received from them, as to sacrifice the publick Peace to gratifie their revenge, began now to move in the t'other extream and descending from the heights of an arrogant and imperiouse stile to the lownesse of addressing to their adversaries, like humble supliants, they ask't their pardon for their past usage, and intreated their assistance for the future. This base and mean trucling, as it rendered them to all persons the objects of a just derision, so those they address'd to turned their fury into scorn, and spurnd at their authority with an equal contempt, and to add a delicacy to their revenge and render those Proprietors as ridiculous and despicable upon record to future ages, as their conduct justly deserved, they attempted to prevaile with them, to make Andrew Bowne (the very person that headed the faction against them) their Governour, and chose those two persons who had publickly appeared against the Government (on all occasions) to negotiate that affaire, and by means of Mr. Dockwra's mediation (who, as is writ from New Jersey, received a bribe of one hundred pounds sterling) they succeeded in the attempt, and secured a Commission for said Bowne, without ever so much as consulting the rest of the Proprietors, and sent it over with one Salter (a person not of the best reputation) giving him power (in case Bowne refused) either to take the Government himself, or constitute such other person as he thought fit, an action (to say no worse of it) very unjust and unreasonable. When this Commission arrived in Jersey, the Proprietors there finding so few hands to it, judged that it was hatch't privately in a corner, without the knowledg and consent of the rest, entred their protest against it as a thing surreptitiously and basely obtained, write to that small part of the Proprietors here, that gave that Commission to Bowne, and expostulate with them about it, and tell them that six Proprietors in New Jersey, have as much right to constitute a Governour as six in England, and Colonel Hamilton whose Commission was signed by as many Proprietors as make up two thirds of the whole, by far the majority (which by the common reason of mankind in all Societies concludes the minor) will not nor ought not so far betray that trust reposed in him by the rest as to give up the Publick Records or Seale, or any way to part with that authority he is cloathed with, till an authority more sufficient appears to demand it. This is a short narration of fact, and defence of Colonel Hamilton against his Accusers, and I beg yr. Lordships won't admit such generall and (possibly) untrue allegations to lessen a person in yr. Lordships' esteem, who has so well deserved of the Crown as Colonel Hamilton has, and since the Proprietors have agreed to pay the Governour till a sufficient fund be raised in the Country for that end (provided they have the naming of him) it's hoped yr. Lordships will judge it reasonable to oblige them in it, especially when they name a person that will be so generally acceptable to the People, who (excepting a small number) have no aversion to a Scotchman nor to the Colonel in particular. The Inhabitants there (I am sure), and I believe the Proprietors here, have received no injury from Colonel Hamilton, nor is his male administration the motive to their surrender, but because the maintaining their Government is a charge and no profit to them, their authority not obeyed, the Province in confusion and no prospect of its being otherwise, till it's put under H.M.'s more immediate administration. A Governour skill'd in Military affairs is not amisse in any of the King's Plantations at any time; Colonel Hamilton is not unskill'd, and to oppose foreign enemies and quiet intestine feuds, a whole Regiment so skil'd will do more service. Signed, L. Morris. Endorsed, Recd. Dec. 31. Read Jan. 8, 170½. 6 pp. [C.O. 5, 1261. No. 39; and 5, 1289. pp. 322–330.]
1136. Act of Antigua. [C.O. 8, 3. pp. 108 ff.]
1137. Acts of Barbados, 1701. [C.O. 30, 6. pp. 146 ff; and 30, 3. pp. 315 ff; and 30, 4. pp. 201, 202.]
1138. Acts of Bermuda, 1701. [C.O. 39, 1. pp. 87 ff.]
1139. Acts of Bermuda, 1701. Printed. [C.O. 39, 2. pp. 59 ff.]
1140. Lists of Acts of Bermuda and Barbados, 1701. [C.O. 5, 274 passim.]
1141. Laws passed by General Assembly of Pennsylvania, Sept. 15–Oct. 27, 1701. Signed, Passed by me, William Penn. [C.O. 5, 1237. pp. 87 ff.]
1142. Acts of the Leeward Islands, 1701. Printed. [Board of Trade. Leeward Islands, 70. pp. 114 ff.]
1143. Acts of the Leeward Islands, 1701. Printed. [America and West Indies. Leeward Islands, 553 passim.]
1144. Acts of Maryland, 1701. [C.O. 5, 731. pp. 755 ff.]
1145. Acts of Maryland, 1701. Printed. [C.O. 5, 729. pp. 13–21; and 5, 730. pp. 16 ff.]
1146. Acts of the Massachusetts Bay, 1701. Printed. [C.O. 5, 773. pp. 127 ff; and 5, 771. pp. 32, 33, 193–223.]
1147. Acts of Nevis, 1701. [C.O. 154, 5. pp. 42 ff.]
1148. Acts of Nevis, 1701. [C.O. 185, 3. pp. 28 ff.]
1149. Acts of New Hampshire, 1701. Printed. [Board of Trade. New Hampshire, 21. pp. 7–15.]
1150. Acts of Assembly of New York, 1701. Printed. [C.O. 5, 1143. pp. 40–47; and 5, 1146. pp. 40 ff; and 5, 1144. pp. 45–52.]
1151. Act of St. Christophers, 1701. [C.O. 240, 1. pp. 1 ff.]
1152. List of Acts of Virginia, 1701. Printed. [C.O. 5, 1382. pp. 115, 116.]