America and West Indies: March 1702, 26-31

Pages 170-188

Calendar of State Papers Colonial, America and West Indies: Volume 20, 1702. Originally published by His Majesty's Stationery Office, London, 1912.

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March 1702

March 26. 252. Council of Trade and Plantations to the Earl of Manchester. Having upon letters from Coll. Nicholson made a further representation relating to the want of such arms etc. in Virginia as we conceive most necessary at present, we desire your Lordship to take the first opportunity to lay it before Her Majesty. Signed, Stamford, Robt. Cecil, Ph. Meadows, Wm. Blathwayt, John Pollexfen. Annexed,
252. i. Council of Trade and Plantations to the Queen. Since our Report of the 24th January last, relating to the state of defence of your Majesty's Plantations in America, we have received letters from Coll. Nicholson, your Majesty's Governor of Virginia, wherein he gives us an account, that upon a late review of the Militia there, he found them in a very ill condition with relation to arms and stores of war necessary for their defence; the particulars whereof are as follows :—
The Horse consisting of 2,143 4,128
And the Dragoons consisting of 1,985
There are wanting for them 3,000 case of pistolls, and 3,500 carabines;
The Foot consisting of 4,971 men, there are wanting for them 500 firelocks, and for the whole, Horse, Dragoons and Foot, 5,000 swords, besides powder and ball, which particulars the country ought to provide at their own charge.
But in regard of the great importance of that Colony to your Majesty's Revenue and to the Trade of this Kingdom, and in consideration of the present conjuncture, and that such arms and stores cannot be provided in America, we humbly offer that your Majesty be pleased to order such a quantity of arms to be sent to the Governor; and that he be directed to require the Assembly to reimburse the same, and not otherwise to deliver any of them out, but upon absolute necessity. And whereas the Assembly have raised 420 pounds sterling for defraying the charge of taking a Pirate ship in April, 1700, which was an eminent and extraordinary service, we humbly represent that your Maj. be pleased to gratify them in allowing the deduction of that summe out of the reimbursement they are to be required to make as aforesaid, as also that 100 barrills of powder and ball for small arms proportionable be sent, to remain in the stores, and to be delivered out as the Governor shall see occasion; and that the Governor take due care that the persons to whom any of the said arms and ammunition shall be delivered for their ordinary use and security, be so accountable, that the same may not be embezled or lost. And we further humbly offer that it would very much conduce to yr. Majty's service, if a Store-Keeper were sent to this Colony (as well as to others) who may be accountable for such arms and ammunition as your Maj. shall think fitt to send from time to time. And having further had an account from Captain Powell, Commander of the Soldiers at Newfoundland, that half of the arms there are not fit for service, we are humbly of opinion, that 100 firelocks be sent by the first ships going thither, and consigned to the Store-Keeper there with 10 barrills of powder or ball proportionable for the use of the soldiers, besides what the officers of yr. Majtys.? Ordnance shall judge requisite for the cannon and mortars there. Signed, Stamford, Rob. Cecill, Ph. Meadows, Wm. Blathwayt, John Pollexfen. [C.O. 5, 1360. pp. 129–131; and (enclosed Representation only) 5, 1335. pp. 1–3.]
March 26.
253. Order of Queen in Council. Approving of the Representation of March 17, concerning Newfoundland. H.M. in Council having been thereupon pleased to order the particular services therein proposed to be forthwith directed by the respective Offices, H.M. is further pleased to order that the Lords Commissioners of Trade and Plantations do prepare a draught of Instructions to be given by the Lord High Admiral to the Commander of the Convoy accordingly. Signed, John Povey. Endorsed, Recd. March 31, Read April 21, 1702. 4 pp. Annexed,
253. i., ii., iii. Duplicates of Nos. [March 16] accounts. 3 pp. [C.O. 194, 2. Nos. 66, 66.i.–iii.; and (without enclosures) 195, 3. pp. 65, 66.]
March 26.
254. Order of Queen in Council. Ordering that the orders for the seamen on board H.M. ships of war at Newfoundland to assist in the fortifications there during their stay, be renewed, in accordance with the Representation of March 17. The Lord High Admiral to give the necessary orders. Signed, John Povey. Endorsed, Recd. March 31, Read April 21, 1702. ¾ p. [C.O. 194, 2. No. 69; and 195, 3. pp. 69, 70.]
March 26.
255. Order of Queen in Council. Approving the Representation of March 17, and ordering that allowance be made to Mr. Thurston as there recommended. The Lords of the Treasury to give the necessary directions. Signed, John Povey. Endorsed, Recd. March 31, Read April 21, 1702. 1 p. [C.O. 194, 2, No 71; and 195, 3. pp. 71, 72.]
March 26.
256. Order of Queen in Council. Ordering clothes and money for the company at Newfoundland to be sent in accordance with the Representation of March 17. The Lords of the Treasury to give the necessary directions. Signed, John Povey. Endorsed, Recd. March 31, Read April 21, 1702. ¾ p. [C.O. 194, 2. No. 70; and 195, 3. pp. 70, 71.]
March 26.
257. Order of Queen in Council. Ordering provisions for the Company at Newfoundland in accordance with the Representation of March 17. The Lord High Admiral to give the necessary directions. Signed, John Povey. Endorsed, Recd. March 31, Read April 21, 1702. ¾ p. [See Acts of Privy Council, Colonial, II, pp. 400, ff.] [C.O. 194, 2. No. 68; and 195, 3. pp. 68, 69.]
March 26.
258. Order of Queen in Council. Ordering materials and workmen necessary for the fortifications in St. John's Harbour to be sent thither in accordance with the representation of March 17. The Master General of Ordnance to give the necessary directions. Signed, John Povey. Endorsed, Recd. March 31, Read April 21, 1702. 1 p. [C.O. 194, 2. No. 67; and 195, 3. pp. 67, 68.]
March 26.
259. Order of Queen in Council. Referring enclosed petitions to the Lords Commissioners of Trade and Plantations to examine and report what they conceive fit for H.M. to do therein. Signed, John Povey. Endorsed, Recd. 30th, Read March 31, 1702. ¾ p. Enclosed,
259. i. Petition of William Byrd to the Queen in Council, praying leave, as Agent of Virginia, to present the enclosed petition and to be further heard upon the circumstances of the Colony. Signed, William Byrd. Copy. 1 p. Enclosed,
259. ii. Petition of the Council and Burgesses of Virginia to the King. Oct. 2, 1701. [Concerning the quota. See Cal. A. & W. I., 1701, No. 893.] Signed, William Byrd, E. Jennings, Robt. Carter, James Blair, Peter Beverley, Speaker; Miles Cary, Tho. Ballard, James Bray, George Marable, Edwyn Thacker, Tho. Milner, Richard Bland, Tho. Hobson, Cooke, Edward Mosely, senr., William Farrar, Mat. Godfrey, Rodham Kenner, Tho. Batt, William Cary, T. Welburne, Tully Robinson, Nath. Harrison, Tho. Edmundson, Dan. Sullivall, Wm. Armstead, Tho. Barbar, Tho. Cocke, Joseph Ball, George Tayler, Tho. Giles, Gideon Macon, Ja. Westcombe, Wm. Gough. Copy. 8 pp. [C.O. 5, 1312. Nos. 30, 30.i., ii.; and 5, 1360. pp. 146–158.]
[March 26.] 260. Col. Quary to the Council of Trade and Plantations. The sense of my duty to H.M. service and your Lordships' commands obliges me to lay before you the true state of several of H.M. Provinces in America. The Island of Providence is as happily situated as any in America, capable of producing anything. There are also many Islands belonging to it, all of the same nature. It hath a very commodious, secure road. But hitherto (by the corruption, rapine, and extortion of the late Governors), they have seemed only to shelter, receive and harbour Pirates, and encourage all manner of illegal trade. The last Governor broke the Collector's head, and sent him to gaol for presuming to do his duty. He turned the Admiralty Officers out, and erected a Court of his own, and then found work for them. The inhabitants are a great many of them forced off, and the rest by reason of the rapine, extortion and barbarous usage of their late Governors, but more especially by reason of the unheard of violence, injustice, and opression which they now groan under, are endeavouring to get away as fast as they can. It would tire your Lordships should I here insert all the particulars of the extravagant actions of the late Governor. The people have seized him in order to send him home. If your Lordships were made sensible of how great importance this Island is to H.M., you would soon use all proper means to defend and secure it in the Queen's own hands by sending over a Governor duly qualified for that charge.
The Government of Carolina hath made an Act in direct opposition to an Act of Parliament of England, whereby they have destroyed all the powers of the Admiralty, and confined it to such rules as are inconsistent with that Court, and have imposed such fines on the several officers, that they dare not act. They have turned out Mr. Trott, who had given security to the Commissioners of the Customs, and had their Commission to be Naval Officer at that Port, and have put in a man who hath spent all his time in carrying on illegal trade, in which he is still concerned, however, he is fit for their purpose. So that all illegal trade is carried on to the greatest degree imaginable, especially that most pernicious trade from St. Thomas. Some extraordinary remedy must be speedily applied, for it increases daily in most of the Plantations on the main and in the several Islands.
North Carolina produces nothing but provisions and tobacco, and they have no other chapmen for the tobacco but the New England men, who carry most of it to Newfoundland and other foreign markets. The people of this country think that Virginia deals very unkindly by them, for they have passed an Act to prohibit their sending their tobacco to ship off at Virginia for England. I am sure that Act is very injurious to the Queen's interest. Governor Nicholson is very sensible of it; and if that Act was declared void, all their tobacco which grows in that country would be sent directly to England, and so prevent its going to a wrong market.
As to what concerns the trade of Virginia and Maryland (considering the extraordinary diligence of the present Governors), I have only to observe that it would be very much for the Queen's interest if there were ports appointed in every River for the landing of all goods, but more especially the shipping of all tobacco, by which means the accounts of entries would agree with the account of what was landed here; it would prevent many inconveniences and make Trade easy, especially if an Act was passed to prevent the shipping any bulk tobacco.
Pennsylvania, in relation to its illegal trade, would require a larger memorial. In general, all illegal trade is carried on in that country and neighbourhood rather worse than ever. There are sloops purposely employed to go out of the Capes, and there take on board the Curasaw goods out of the vessels and so disperse them. The vessels that bring them from Curasaw come up to Philadelphia in their ballast: this proves so successful that the New York merchants find it their interest to carry on the same trade. Nothing can prevent this but a small shallop and a few brisk hands. Mr. Penn hath made a great noise about his Acts to prevent illegal trade, but they have not been twopence advantage to the Queen, or so much as taken notice of since they were made, nor have they answered any one end, but that of his own, which was to make fair weather at home, and impose on the world, which point he hath gained. I will not now trouble you with his invading the powers of the Admiralty, so contrary to his many promises, but am obliged to acquaint you that there hath happened a most fatal mistake in the last Commission of Mr. Atwood, Judge of the Admiralty. His Commission is for all the Provinces to the northward, and both the Jerseys, so that West Jersey, which was formerly in my Commission, is now taken from it. Nothing parts Pensylvania and West Jersey but the River, so that unless they are both under one jurisdiction, it is impossible to secure either, of which we have had late experience by vessels removing to the other side of the river, and there they are in another jurisdiction, and so escape. Mr. Atwood hath no officers settled on the Jersey side, whereupon it follows that the dividing those two Provinces will ruin the Queen's interest in both, therefore humbly propose that they may be united as formerly, or that Mr. Atwood may have Pensylvania and the three Lower Counties in his Commission, which will prevent confusion. There are several small Ports in West Jersey, of which Captain Jewell is Collector. I will place him where he may be able to do the Queen most service.
State of Defence. The great number of H.M. subjects on the Main are divided into a great many Provinces, and in every one they are scattered and dispersed very wide asunder, so that it is impossible for any Province to fortify the frontiers against the Indians, nor can they maintain a constant force in arms to secure them. What then can hinder the Indians from falling into any of the Plantations and half ruin them before they can be in a condition to defend themselves? I do very well know that Virginia and Maryland are under the best circumstances, both in respect of the great number of men, and the advantage of having such experienced and vigilant Generals to command them on such occasions, yet considering how they are dispersed, and how badly most of them are armed—some have guns, some none, but little ammunition, and the most of them not fit for service or action should there be occasion; all which considered, it is much to be feared that should an enemy fall into these countries, it would be of fatal consequence, many of the out-settlements must be cut off before the rest can be drawn into a body to repell the force, tho' I am sure nothing would be wanting in the Governors that is in the power of man to do.
The Proprietary Governments are in no wise capable to defend themselves. Carolina nothing but anarchy and confusion; some places perhaps have the name of a Militia, and that is all, for they want arms and ammunition and all things else for their defence, nor have they any Act to enforce it. They will, it may be, meet once or twice in a year under the pretence of exercise, when their business is wholly to be drunk. In some Provinces there is neither militia, arms nor ammunition, no, not so much as a Military Commission, but the Queen's subjects are exposed to all the miseries imaginable both by land and sea, which is the case of Pennsylvania. And yet Mr. Penn endeavours all he can to invite all foreign Indians known to be villains, and some French lately come from Canada, to come and settle in his country, only for the benefit of a trade with them, which he takes care wholly to ingross to himself by ordering the Indians not to permit any to trade with them, but such as can show an indented licence and his seal. What Mr. Penn's profit from this trade may be, I know not, but am much afraid it will prove to be the loss of many thousands subjects' lifes, if not speedily prevented by H.M. care.
Proposals for remedies:— I do propose as a most essential thing, that H.M. do take all those Proprietary Governments into her own hands; that she will be pleased to appoint prudent Governors, and particularly in Carolina, with Instructions to treat those Indians in amity with them, who are a free people, with justice and tenderness; that some small presents may be made to the several Nations according to their several circumstances; that a Law may be made to regulate the Indian trade, which will improve it to a vast advantage, and may be a fund to defray all the charge of the Government; that all endeavours imaginable may be used and good encouragement given for settling Port Royal, which is the frontier of that Province to the South, a place of great consequence, being one of the best harbours in that Province, a fertile soil, a noble, fresh River, and having all the advantages of a good settlement; the inhabitants of the country are now sensible of their mistake in not settling there at first, which had they done, it would have been the best improvement on the Maine. It is still capable of being so, and abundance of the inhabitants are willing to remove thither. A good Militia should be settled in every Province, so well fitted and armed, that they may be able and always in a readiness to defend themselves and their neighbours. As for the other Governments to the Northward of Carolina; I cannot for my part see anything that can prevent great destruction amongst them in case of an invasion by the Indians, but a considerable garrison on the Frontiers of Albany, well supported and supplied. Nothing else can steady the Five Nations to the English interest; for when they find that those frontiers are so supported as that they may depend for security and defence from thence, they will then continue firm and steadfast. If we lose the Five Nations, there will be nothing to hinder our enemies from ranging over the Maine and bringing ruin and destruction on which Government they please. Virginia and Maryland have often felt fatal effects from these very Indians, even when they were friends, yet the present Assembly of Virginia are of opinion that the support of Albany doth no way concern them, which I could never have believed, had I not been an eye-and an ear-witness of it. Gives an account, agreeing with that given Cal. 1701, Preface etc., of Governor Nicholson's vain endeavours with the Assembly on the subject of the Quota. This malignant humour is not confined to Virginia, but is diffused more or less through all the settlements on the Maine. I have indeed spent some time and thoughts to find out the true cause of this strange alteration and change, which is so remarkable in the humours and tempers of the people in those parts. My long experience in the several Governments under H.M. on the Maine, gives me the advantage of knowing that no people could be more loyal to their Prince, more obedient to Law, more respectful to Governors and more ready to answer H.M. commands. That their humours are of late soured, and their tempers in some respect changed, is obvious to every man. And for me to consider that it is the interest and security of all the Plantations on the Main to contribute towards the support of Albany and its Frontiers, and that the charge is so very inconsiderable, and to see the security and unconcernedness of most Provinces on the Main, and to see them so averse generally to the raising their respective Quotas, doth amaze and astonish me. I have sometimes believed that it might proceed from those late licentious Commonwealth principles, too much improved in England, and which hath been the subject-matter of so many scurrilous and scandalous pamphlets, enough to corrupt the morals and principles of good men, if not well guarded against the pernicious and subtle poison. But upon more mature consideration, I have good reason to conclude that the cause and foundation is to be found near home, I mean from the several neighbouring Charter Governments. And this may be easily demonstrated, if we consider that the people under the Proprietors do very seldom or never pay any taxes for the support of the Church or State; they entertain and encourage pirates; they carry on all manner of illegal trade, violate all the Acts made to prevent those evils; they affront the King, his Laws, Authority and Officers, and by all these disloyal and unjust actions grow rich and get estates, and have hitherto escaped the punishment and just reward of their wickedness. This makes the people of the Queen's Government murmur and repine, and puts them on thinking what should be the reason that their next neighbours and fellow subjects should enjoy more ease, liberty and freedom under the Proprietors' Government than they do or can under H.M. And that which aggravates their discontents, these people of the Proprietary Governments make it their business to upbraid and reflect on them, as being slaves and miserable in comparison of themselves. This I know to be a constant practice and produces ill effects. I heartily wish proper and effectual remedies may be applied before these discontented humours were improved to a greater height. And none other or better expedient can be found than H.M. taking all the Governments into her own hands, governing all, as near as possible may be, by one and the same Law. This would make all easy, satisfied and contented; and until this be effected, I can propose a plain, easy and expeditious way for H.M. to oblige all the Provinces on the Main to pay their several quotas without murmur, but shall await your Lordships' commands.
Upon all these considerations, I propose (1) that Albany and the Frontiers of that Government be well mann'd, victualled and provided with all things necessary. (2) That more care be taken of the soldiers than hath been of late, to prevent their mutinies, and deserting their post and dutys. (3) That the Five Nations be treated with all the justness and kindness imaginable; that they be assured of aid and assistance of men and arms, with whatsoever else they stand in need of, in order to their defence, or the attacking their or our enemies. (4) That some sober, discreet men be encouraged to reside amongst them, to advise and direct them in difficult matters, and to observe their motions. And since it is not possible for the Government of New York to support the charge of all this alone, and as unreasonable that H.M. should send money out of England for this purpose, there can be no better means or expedient found out, than the Quota proposed. The charge is very easy and inconsiderable, not to be felt by any of the people of the Government. The Assembly of Pennsylvania, for instance, gave Mr. Penn at one sitting 2,000l., and have settled upon him taxes to 1,000l. per annum and upwards, and this was look'd upon as a very mean, inconsiderable present: he expected at least 10,000l., and perhaps in a little time will gain his point. And he has set on foot a subscription for several thousands of pounds amongst the Quakers on his going home, to prevent the Bill for re-uniting the Charter Governments to the Crown, and sets forth that the consequence would be, if not to depopulate the country, at least to stint its growth. So formidable is the Queen's Government rendered to these poor, deluded people, and rendering H.M. other subjects of equal numbers inconsiderable, in the most depraviating terms his pen could invent, as I have it from some of themselves, that the Churche's name is only taken in vain here. What your Lordships laid before the House of Lords, in Representations upon the Proprietaries, is plain matter of fact and the greatest part within the compass of my knowledge, etc. Signed, Robt. Quary. Endorsed, Recd. 26th, Read March 31, 1702. 11½ pp. Holograph. [C.O. 323, 3. No. 120; and 324, 8. pp. 86–106.]
March 26. 261. Abstract of preceding. 9¼ pp. [C.O. 323, No. 119.]
March 26.
262. Journal of Council of Trade and Plantations. Letter from Dr. Newton read.
Col. Quary presented to the Board a Memorial relating to the condition of several Governments in America, and their Lordships resolved to take the same into consideration, with some further memorials which he promised to bring, when they shall have gone through with the perusal of Col. Nicholson's letters.
Representation relating to the want of small arms etc., in Virginia and Newfoundland, with a letter to the Earl of Manchester, signed. Their Lordships finished the reading of the first of Col. Nicholson's letter, Dec. 2, 1701.
March 27. Col. Dudley, attending, was acquainted that directions were given by an Order in Council, June 28, 1701, for his transportation etc. As to his desire of having one of the Companies of Foot now at New York removed to New England, their Lordships did not think it fit to be done at present, and gave directions for preparing a Representation thereupon, as also upon the state of defence of all the Plantations.
The second of Col. Nicholson's letters, Dec. 2, 1701, read. [C.O. 391, 14. pp. 383–386; and 391, 96. Nos. 53, 54.]
March 26. 263. Minutes of Council of New York. Report of the Commissioners of the Public Accounts read.
This Board being informed that Mr. Barnardus Freeman, the Minister of the Dutch Congregation at Schenectady, hath, since the decease of the Minister of the Towns of Flatbush, New Utrech(t), Flatlands and Brookland, been offered the said vacancy, which 'tis believed he will prefer as more valuable and this Board knowing it to be for H.M. service with relation to the Indians that now are or hereafter may be made proselytes do offer him that what sum less than 60l. per annum he shall receive from Boston by reason of his care and pains with the Indians, the deficiency shall be made up to him from H.M revenue here. Proclamation ordered requiring the Representatives of the people to meet in General Assembly punctually according to prorogation.
Petition of Peter Cortilean read, praying a patent for a small parcel of land lying in the New Dorp, adjoining to the land of John Dowisse in Richmond County. Ordered that a warran issue to a Surveyor to survey the same in order thereunto.
Ordered, that unless Severyn Tenhout or some for him do appear before this Board and make good the allegations in his petition, Jan. 26, on or before Monday three weeks, a patent will issue to Matthias Mott.
Depeyster v. Cruger: The Defendant this day filed his plea in form Ordered that the errors be argued on Munday seven-night next.
This Board being informed that three drift whales are lately come on shore on a beach in the County of Suffolk on the Island of Nassau, ordered that Thomas Clark and John Mosier, of the said County, do take care of and try and secure the same, and they are hereby allowed ⅓rd part of the bone and oil for their trouble and charge, they delivering the other 2/3rds into the Custom House at New York clear of all charges. Warrant ordered to be prepared accordingly. [C.O. 5, 1184. pp. 635, 636.]
March 27. 264. Minutes of Council of the Massachusetts Bay. Resolved that the garrison at H.M. Castle on Castle Island be made up 120 effective men, besides the Commission and Warrant Officers. Warrants of impress signed for detaching 100 soldiers for that service out of the several Regiments of Militia in proportion as stated.
Ordered that the Captain of the Castle be impowered to enlist such able men as shall voluntarily offer themselves for H.M. service, to be of the standing garrison there instead of any of the imprest men, as he shall judge not fit for that service.
Order to Capt. Cyprian Southack for fitting out the Province galley, and a warrant of impress for seamen, to be in readiness, signed.
Ordered that in case of emergency any seven or more of the Council may sign sailing orders for the Province galley.
Warrant signed for 500l. to be paid for work on the Castle Island fortifications.
William West of Salem appointed gunner of H.M. Fort there.
March 28. Proclamation signed and published by beat of drum, requiring the Selectmen of the several towns to take an accompt of their town stock of ammunition and warlike stores, and to see that they be made up the full quantity by law required, and that of such as are good and fit for service, also requiring all military officers to cause a view to be made of arms and ammunitions within their commands, and to take care that the Act for regulating the Militia be effectually put in execution, and to observe the Act for putting the Militia into a readiness for defence.
Resolved that, to the intent there be a suitable number of men tained up and instructed in managing and traversing the great ordnance of H.M. Castle on Castle Island, there be enlisted out of the two regiments of Militia in Suffolk, and the lower regiment in Middlesex 300 men under proper officers. Orders signed directing the respective Colonels accordingly, and to see that upon an alarm from the Castle they forthwith repair to the same, and that at certain times to be appointed they also repair thither to be exercised and instructed in managing the ordnance, etc. Commission signed appointing Samuel Sparhawk Captain and Samuel Cooper Lieutenant, and Andrew Boardman Ensign of the Foot Company of Militia in the Town of Cambridge. [C.O. 5, 788. pp. 127–130.]
March 27.
265. Ellis Lightwood and others to the Lords Proprietors of the Bahama Islands. The unparalleled villainyes of your Lordships' late Governor Haskett have been so intolerably oppressive beyond all expression that for the preservatio of our lives and fortunes, we were forced to suppress him, of which we gave your Lordships an account by the vessel hired by the country to carry him home to England to answer the sundry barbarous crimes we have to allege against him, which vessel we have had lately an accompt that in the proceeding of their voyage putting into New York he thereby bribing of the Master or sailors made his escape. We hope your Lordships have so much honour and respect for H.M. poor subjects and your Lordships' tenants here, that you will please no ways to countenance such arbitrary proceedings. We have in this interim of affairs elected a President, the Council still the same. Signed, Ellis Lightwood, President, Richard Peterson (Bathe), Richard Taliaferro (Craven), Tho. Gower (Ashley). Representatives :—Read Elding, George Graham, Nicholas David, Thomas Williams, John Warren, Speaker of the Assembly. Mem. The declaration at the Country's election of Ellis Lightwood for their President was signed by 118 hands. The Articles exhibited against Capt. Haskett were of four and twenty heads. [C.O. 5, 289. p. 107.]
March 28. 266. Minutes of Council of New Hampshire. Proclamation ordered proroguing the Assembly till the second Tuesday in May.
Ordered that all scouting, ordered March 4, be left off. [C.O. 5, 789. pp. 83, 279.]
March 30.
de la Vega.
267. Governor Selwyn to the Council of Trade and Plantations. Refers to letter of Feb. 9 [6th, Ed.]. I have visited all the most dangerous landing places, in some of which fortifications will be necessary, particularly Port Morant, Old Harbour, Carlile Bay, Muskito Point, and some addition at Port Royal I have also reviewed all the Militia, except those who are too remote and so dispersed as to be useless on any sudden occasion. On March 17 our Assembly met. I recommended to them what ] thought most wanting, all which they have taken into consideration, and approve of my demands, resolving to comply according to their abilities. They have already voted an Address of thanks to H.M. for his care and kindness. We have past an Act for quartering the soldiers till further provision can be made and another to revive the additional duty, which they let expire during the last Sessions. They talk of a poll upon negroes. I am in hopes self-preservation will continue this good humour, and that the pains I have taken to heal and reconcile their ancient animosities between the Council and Assembly will have a good effect, and that nothing will be wanting on their sides or mine for their preservation, but I will never answer for such a number of people any further then depends on myselfe, tho' at the conclusion of the Sessions, I hope to give you a good account of their proceedings. In the meantime I shall have my hands full of business of all sorts, with a people very capricious, jealous, and difficult to manage. The Island is at present sickly, but the mortality reigns chiefly over the new-comers, who are very subject to that mortal distemper called the bleeding fever, of which many that came with me are dead. My whole family has been sick, myself excepted, some are dead, my wife and a third part of my servants are now ill in short, here is so little pleasure or profit, that I begin to—.
Subscribed, So far H.E. had went in his letter, when he found himself indisposed, which raised itself to that height that at 4 o'clock next morning he was in such violent pain that he coul not finish your letter, and on Easter Day, April 5, about 8 at night he departed this life, to a general sorrow of the whole Island. He had taken a great deal of care and pains to reconcile their animosities, which they are now like to renew, the Lieut.-Governor being a person generally disliked, and one of those Gentlemen the Assembly has a hard opinion of. The Assembly are adjourned to Tuesday next. Signed, Tho. Frye. Endorsed, Recd. 15th, Read June 16, 1702. 2 pp. Enclosed,
267 i.Copy of the Address of Governor Selwyn to the Assembly of Jamaica. I have called you together with all the dispatch I could, and I hope to find every man in a temper suitable to the necessity of your affairs. I need not tell you the state of the Revenue, referring that to your inspection, but I am sorry for your own sakes it is so far lessened at a time when your defence requires it should be much greater than ever. The main business I have to recommend to you is the care of yourselves and those Gentlemen who are sent [to] defend you, I mean building fortifications and barracks, on these two points I shall be always ready to advise with you, the matters and method being of too large an extent for a Speech, and likewise whatever else you shall think for the service of the King and Country; only must desire your immediate application to the former, least the vigilance of our enemies force us to our arms, whilst you are deliberating upon a Law. With advice of the Admiral and Council, I have taken two vessells for fireships, which account shall be laid before you, wherein you will see how much care has been taken to make the charge easy to the Country. I have reviewed the greatest part of your Regiments and Troops, who I find are generally good men, but I hope you will take my advice in some amendments to the Militia Act. It may be expected I should say something as to your Civil Rights. I will therefore unveil myself so that every man may see what he is to expect from me; when any real grievances are duly represented, I shall readily concur with you in redressing them, but hope no imaginary ones will disturb the publick peace or business. Liberty and Property I know is the foundation and blessing of our Constitution, and I would no more invade either than I would sacrifice my son, nor will I lessen the King's Prerogative any more than I would betray my Father. And whenever his service or defence of this country requires it, am ready to expose myself to any fatigue and danger. It was in perfect obedience to H.M. command that I came hither, whose goodness to you and care of you was my greatest encouragement, the particulars of which being too many to enumerate, shall be laid before you, and during my stay here Justice in all things shall be my rule, and at my return H.M. gracious acceptance of my small service will be at least an honorable reward for the hazards of this climate. In the meantime I shall expect a just deference to my authority, and as much consideration in every point as has been shewn to any of my predecessors. I desire you will without any loss of time heartily apply yourselves to the publick business, that we may have a short and a happy sessions. 1½ pp.
267. ii. Memorandum of two Acts of Jamaica passed March 17, 170½ . [C.O. 137, 5. Nos. 62, 62.i., ii.; and (duplicates of Letter and enclosure I.) 63, 63.i; and (without enclosures) 138, 10. pp. 333–336.]
March 30. 268.Minutes of Council of New York. Petition of Abraham Gouverneur, Robert Sanders, Robert Walters, Isaac Gouverneur, and Abraham Provoost, read, praying a license to purchase from the Indians a parcel of land in Ulster County called Wiesasack, lying to the Southward of Wayanaglanock to the westward of Westenhook Creek. Ordered accordingly, provided the same be made before a J.P. of the County, and returned in Council within 12 months.
Proclamation ordered to be prepared, declaring that such person who within eight days shall discover the person or persons who cut down the gallows in the City, shall have a reward of 60 pieces of eight, and if any person or persons, free or slave, who have been employed by any other person or persons to cut down the said gallows, shall within eight days discover the person or persons who employed him or them to do the same, shall have and receive not only the said 60 pieces of eight, but shall not be prosecuted for his or their offence. [C.O. 5, 1184. pp. 636, 637.]
March 31. 269. Col. Quary to the Council of Trade and Plantations. Mr. John Moore hath served as advocate of the Admiralty very faithfully, for about four years. Governor Nicholson prevailed with him to execute that office and promised a suteable reward, but as yet he hath not received any consideration, but hath lost very considerably. This makes him uneasy and resolved to quit it, which will be a great inconveniency to Her Majesty's interest in that Province, there being no other person there qualified to serve in that station. An Attorney General is sent lately to New York, and there is a necessity of having one in Pennsilvania, for there are several Bonds that are forfeited to her Majesty, and cannot be put in suit for want of an Attorney General; the people under that Government are positive in this notion, that no other person can sue in H.M. name. I therefore humbly propose that your Honors recommend Mr. Moore to H.M., that he may be commissioned to be Attorney General of Pennsilvania, the Jerseys and the three Lower Countys, with a suitable salary. Signed, Robt. Quary. Endorsed, Recd. Read March 31, 1702. 1 p. [C.O. 5, 1261. No. 59; and 5, 1289. pp. 399, 400.]
March 31. 270. Address of the Representatives of the three Lower Counties [of Pennsylvania] to the Council of Trade and Plantations. Phyladelphia, Oct. 25, 1701. For many years past we have been advantageous to the Crown and Trade of England in our product, which is chiefly tobaccoes. But being the frontiers of this Government and dayly threatened with a war approaching causeth us consider the danger impending, and thereupon have made many applications to our Governor for some means of defence since his last arrival, but he has either answered with silence, or ineffectual discours, which we charitably attribute to his perswasion. Col. Robt. Quarry, by whom we send these lynes, is a Gentleman very well acquainted with the present circumstances both of this Province and Territories. He will relate to your Honours what is necessary. We beg such credit may be given to him as may answer our wants and H.M. interest in these parts. Signed, Jasper Yeats, Richd. Halliwell, John Walker, Jno. Donaldson, Luke Wattson, junr., Will. Rodeney, John Brinckloe, Adam Pietersen. Endorsed, Recd. Read March 31, 1702. Recd. from Col. Quary. 1 p. [C.O. 5, 1261. No. 60; and 5, 1289. p. 396.]
[March 31.] 271. Minister and Vestry of Christ Church in Philadelphia to the Council of Trade and Plantations. We have often addressed your Lordships in the behalf of our Church, but have great reason to believe there has been endeavours made to intercept our letters. We beseech your Honours to let us tell you the apprehension which we are under by Mr. Pen's return, with design to obstruct the Bill for reuniting Charter Governments to the Crown. His friends the Quakers largely contributed thereto under the assurances he has given them of keeping the Priests out of his Province, and the Magistracy and Government in their hands, and they have addressed H.M. to that effect. We could enumerate as many absurdities committed since his arrival as would fill sheets, but that you may guess at Hercules by his foot, we shall lay down three remarkable, viz., in April, 1700, he commissioned Provincial and Circular Judges for the trial of capital crimes, and they coming into the County of Bucks found one committed for bestiality with a mare, and in order to enquire into the fact, the Clark proceeded to tender the Grand Jurymen their oaths (two of the Judges then not being Quakers) but they obstinately refused taking any oath, and declaring they were exempted by the Laws of their Government, and they would not lose their priviledges, wch. obstructed their procedure in a due and legal manner, and the criminal got off from hence. They continued their circuit to Newcastle County, and found a woman committed for murthering her bastard child, and an indictment accordingly against her; upon her arraignment she was found guilty. She had those convictions of conscience that she became her own accuser and discovered it to her neighbours, and carried the Coroner and his Inquest where the corps lay, and helped to dig it up herself, and now what remains but execution, wch. is still undone, for the woman is at large, whether the King or Mr. Pen pardoned her, is wt. is fit to be inspected. The son of an eminent Quaker was committed in this County for a notorious rape on his servant mayde. He lay some time in gaol for want of Judges (for indeed things have been so managed that no man of sense will serve), and the Governor and Council interposed so far in his favour, that they ordered him out upon bail, but instead of taking a recognisance to answer the fact, one of the Quaker Judges took a bond in Mr. Pen's name for the prisoner's appearance at the Provincial Court (wch. are restricted by their Commission only to seven Capital crimes) to answer a certain misdemeanour, without binding any to prosecute or the witnesses to give evidence. When the miscreant was called, his father (his bail) appeared and made frivolous excuses for his son's absence, and after many shuffles he told them he hoped the Law would be their guide, or to that effect, which put the Court on inspecting the bond, conditioned to answer a misdemeanour as abovesaid, and they soon found the trick and that they had nothing to do in the affair, nothing of that nature lying properly before them, and by this stratagem the fellow was worked out of gaol and the Government too, unpunished. This was in September last. Whether this was a contrivance from first to last, your Lordships will soon determine. We cannot send extracts (of these cases), the offices being under the Governor's power, but if ever the records of this country be narrowly searched and scanned, 'twill furnish a history that will surfeit the world of the Quaker tenents (sic) and practice. And now may we not with good grounds implore H.M. to take us into his more immediate protection, which we beg your Lordships to be suiters for in our behalf. Signed, Evan Evans, Minister of Philadelphia; John Thomas, Cler.; Saml. Holt, Charles Sober, Wardens; Robt. Quary, Joshua Carpenter, J. Moore, Wm. Halle, Edward Smout, Jno. Crapp, Thomas Tench. Endorsed as preceding. 3 pp. Worn. [C.O. 5, 1261. No. 61.]
[March 31.] 272. (a) Affidavit of Edmond Lovett and Walter Pumphary. We of the Jury to try the case of Francis White v. James Allman, did, after several hours' debate, being not like to agree, there being seven for the Plaintiff and five for the Defendant, by the pernicious advice of Anthony Burton, one of the Jury, make a conclusion to try the matter by a piece of money, one side we assigned for the Plaintiff and the other for the Defendant, and the Constable took it and shaked it in a hatt and clapt it upon the table, and that side which fell uppermost being for the Defendant, we went in with one verdict, which hath been a great trouble to our consciences. Signed, Edmond Lovett, Walter Pumphary. Copy. ⅓ p.
(b) Similar affidavit of Edmond Lovett, and James Moon, Bucks. At a Court of Quarter Sessions, March 14, 1698/9, "We did conclude to go to hustle-capp for a verdict." Signed, Edmond Lovett, James Moon, his mark, two of the Jurors. Copy. 2/3 p. The whole endorsed as preceding. [C.O. 5, 1261. No. 62.]
[March 31.] 273. Copy of Petition of Inhabitants of Newcastle to Lt.-Gov. Markham [1669] relating to defence against pirates, Duplicate of Cal. A. & W.I., 1699, No. 877.i. (1). Endorsed as preceding. 1½ pp. [C.O. 5, 1261. No. 63.]
[March 31.] 274. Copy of two depositions, about July, 1699, as to Pirates landing some goods in Delaware Bay. Duplicate of Cal. A. & W.I., 1699, No. 877.i. Endorsed as preceding. 1½ pp. [C.O. 5, 1261. No. 64.]
[March 31.] 275. Copy of the Address of the Representatives of the Three Lower Counties to William Penn, Proprietor and Governor of Pennsilvania and Counties annexed. Having taken into due consideration H.M. Letter to your Honour requiring from Pennsilvania 350l. 6s. for fortifications at the frontier of New York, together with your Honour's Speech relating thereto, with all duty, faithfulness and loyalty to His Majesty [we] desire your Honour to represent to H.M. the naked and weak condition of the said Counties, as we are the frontier of the aforesaid Province, and daily threatened with an approaching war, not being able to furnish ourselves with arms or ammunition for our defence, having consumed our small stocks in making tobacco, which has proved very advantageous to England, and that H.M. has not yet been pleased to take notice of us in the way of protection, having neither standing militia nor persons impowered to command the people in case of an invasion, wch. together with the great loss we sustain this year in our Tobaccoes, not having vessels to carry it away. These things we hope by your Honour's influence will incite H.M. to take into consideration our present circumstances, and not require any contributions from us for forts abroad before we are able to build any for our defence at home. Signed, Richard Halliwell, Robert French, Jasper Yeates, John Healy, John Brinckloe, John Hill, Luke Watson, jr. Endorsed as preceding. 1 p. [C.O. 5, 1261. No. 65.]
[March 31.] 276. Duplicate of preceding. (Apparently a rough draft.) Without endorsement. 1¼ pp. [C.O. 5, 1261. No. 66.]
[March 31.] 277. Address of the Representatives of the Three Lower Counties [adjoining Pennsylvania] to Mr. Penn, Philadelphia, Oct. 18, 1701. With great reluctance we lay before yr. Honour ye burthen those Counties have laboured under by attending no less than five Assemblies since your last arrival at the expense of above 600l., besides the funds raised for support of Govourment. We cannot but with grief observe that instead of reaping the designed security by the Laws past at Newcastle, wee find the most essential have not yet be[en] sent for H.M. allowance or approbation, especially such as nearest concern us and our estates, viz. the Acts for qualification of magistrates and juries, and those for establishing property and raising money, the reasons whereof we are yet to seek.
The powers of Govourment of the Lower Counties by your Honour being, as we are informed, under debate at home, and questioned by some here, we thought ourselves concerned to address your Honour in so important a poynt, and therefore did it by desiring a sight of your deeds of feofment, but instead of your usual healing and condescending way, we met with the threats of a goal without bail till the King's pleasure was known, your Honour's return or deliverance by the mobb (in case we had not then been in Assembly), which we took to be harsh language, having not presumed to examine the requisite qualifications of your Honour as Governor by the late Act of Parliament, we are likewise under a necessity to lay before yr. Honour the danger the Secretary of State cautions these Colonies off (as we apprehend from the French Squadrons now in the West Indies) if the warr break out, and we have reason to fear will fall on us naked and defenceless, being without militia, fort, powder or shot, though we are the frontiers of the River and heart of the Maine, where the enemy may land without bloodshed; and, as we have heretofore alleadged, not unvaluable to the Crown of England in the product of our Tobaccoes. On this head we have made application to your Honour several times, therefore say less at present. Notwithstanding these difficulties, and many more, we have been willing for the public good and peace to join with the Members of the Upper Counties in anything that might conduce thereto. But the House now requiring us to confirm the Laws so solemnly passed at Newcastle, gives us ground to believe they suspect their validity in being made there, and awakens us to review what we have been doing so many years past, and besides our reasons given in the House against this Act, doe conclude, before we make further progress therein, to go home to our Counties, and consult with them what steps are proper in that affair. Signed, Kent:—John Brinkloe, Will. Rodeney, John Walker, William Morton. Newcastle:—Richard Halliwell, John Donaldson, Adam Pietersen, Jasper Yeates. Sussex:—Luke Wattson, jr. No endorsement. 2¼ pp. [C.O. 5, 1261. No. 67.]
[March 31.] 278. Copy of preceding. Endorsed, Recd. Read March 31, 1702. Recd. from Col. Quary. 1⅓ pp. [C.O. 5, 1261. No. 68.]
[March 31.] 279. Memorandum of printed abridgment of the Laws of Pennsylvania, past in Nov., 1700. Endorsed as preceding. ½ p. [C.O. 5, 1261. No. 69.]
[March] 31. 280. Case of Thomas Byfield of London. John King, late of Philadelphia, mariner, dying indebted to said Byfield in 343l., Pennsylvania money, the latter by letter of Attorney, Oct. 15, 1698, empowered Col. Quary to sue the executrix, who having brought the cause of a hearing, a jury who were neither sworn nor made their solemn affirmation, altho' Byfield had an account of sales proving his debt under King's writing, yet brought in their verdict in favour of the Defendant. From which sentence Byfield hath by his said Attorney used his utmost endeavour to appeal to England, but hitherto hath been continually delayed, and not able to get such his appeal allowed. No signature, Endorsed, Recd. Read 31st [sic] 1702. Recd. from Col. Quary. [C.O. 5, 1261. No. 70.]
March 31. 281. Deposition of Robert Dale, Feb. 13, 1700/1. He was Mate of the Deare sloop, Goufrey Bunnion Master, in a voyage from Philadelphia to Curisaw about the middle of July last, loaden with flour, bread and beer, which were sold there and 18 bales of linnen taken in, which he believes to be Holland, 4 hhds. of claret, 18 bags of coco nuts, and a considerable quantity of iron. All which goods were imported into this Bay, and put on board a small sloop which met them near Cape May, Oct. last. He since heard that the said goods were brought up to Philadelphia and landed at Mr. Perry's Wharf. Signed, Robert Dale. Endorsed as No. 278. ½ p. [C.O. 5, 1261. No. 71.]
March 31.
282. Journal of Council of Trade and Plantations. The Lord Grey acquainted the Board that having perused a copy of Mr. Fullerton's reply to the Council of Barbadoes' answer to Mr. Skene's memorial, he found nothing new therein, and therefore referred their Lordships to the said answer.
Mr. Byrd presented to the Board an Order of Council, March 26, referring an Address of the Council and Burgesses of Virginia to their Lordships. Directions given for preparing a Representation thereupon.
Col. Quary attending as desired, the paragraph in Col. Nicholson's letter relating to the purchase of North Carolina was read, upon which he said that the Governor meant only so much of that Province as Dr. Cox lays claim to, and as to what he writes about erecting a Company for managing a Trade with Indians, he said it would be of very great advantage, but that the Governor has not power to do it, and that it cannot be done there, but by the Assembly, which he believes they will consent to, most of them being private Traders; yet if it were done by a patent from the Queen, he said the country would like it. He added that it would be very much for the interest of England that such Companies were settled in all the Provinces on the Continent, and promised to bring a particular memorial thereupon. Then Col. Quary's memorial and other papers presented by him were read [see preceding]. Ordered that what relates to Pennsylvania be abstracted in order to the sending the same to Mr. Penn for his answer. Directions were given for preparing a Representation upon the said papers to be laid before H.M.
Col. Quary further presented a memorial proposing that Mr. John Moor, who hath served four years as Advocate of the Admiralty of Pennsylvania, may have a Commission to be H.M. Attorney General in that Province, which was read. He further offered in his own behalf that he has served a long time as Judge of the Admiralty, has been at great expences in his voyages to and from England, and in pursuing and seizing pirates and other ways in the execution of his Commission, and has not as yet any salary or received any recompence. Their Lordships agreed to lay the case before Her Majesty. [C.O. 391, 14. pp. 387–393; and 391, 96. No. 55.]
March 31. 283. Minutes of Council in Assembly of Barbados. Ordered that the Secretary lay all the Council Books and Acts upon the Council Table at the several meetings before the Board is sate.
The Hon. John Hooker being appointed Chief Baron of the Court of Exchequer, it was objected that he, being the Chief Judge of the Court of Common Pleas for the precincts of St. James, could not be qualified to execute both Commissions. Ordered that the Attorney and Solicitor General give their opinions.
Alexander Lamplee paid 36l. 7s. 6d. for timber for the Leeward fortifications.
Ordered that all petitions and writs of error that lie before the Council be heard on April 9.
25l. paid to George Chowne in full of his claim for the hire of the sloop Thomas and John.
An Act for the encouragement of the return of such servants as have absented themselves from their Masters' service by unlawfully going off this Island, was read three times, passed, consented to and sent down.
The Assembly, in response to the Board's invitation to them to attend in the conference they had proposed, announced that there were not members enough to make a House and that they had accordingly adjourned. [C.O. 31, 6. pp. 186–189.]
March 31. 284. Journal of Assembly of Barbados. Absent members fined, and not enough appearing to make a House, the Assembly adjourned till April 14. [C.O. 31, 6. p. 461.]