America and West Indies: April 1702, 6-10

Pages 196-216

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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April 1702

April 6. 301. Charles Noden to the Council of Trade and Plantations. The Company of soldiers in Bermuda have had no money or subsistance but what Capt. Bennett, the Governor there, has been forced to supply them with, or they must have starved for six months past, nothing having been paid here till about a month since, which I have sent by way of Barbados. When it does arrive, it will not clear to the time of arrival. Besides it will lie hard upon the Governor still to subsist them till another return shall come thither, which time is uncertain. The people of that Island in all their letters to me express a great deal of joy and satisfaction in the justice and conduct of their Governor, and that he is the delight of the whole Island, and that they are much concerned that he should be discouraged by the smallness of the profits of their Government, for the utmost of the value to support the dignity and charge of their Governor is but 400l., whereof 240l. is paid in England, out of which taxes of 5s. per lib. besides fees are to be deducted. The lands there allotted to the Governor are but 12 shares, valued at 60l. per annum, which fall short and are but nine shares. And the fishery there is valued to the Governor at 100l., to make up in the whole 400l. per annum, which hath fallen very short for several years, so that the whole will fall far short of 300l., which I humbly submit whether your Honours do think a sufficient support of the charge and dignity of H.M. Governor, besides the burden of advancing money for subsisting the soldiers. I would humbly represent that if a Company of 500 soldiers were given to the Governor, it would not only encourage him under that burthen of subsisting them, but would be some addition of profits, which might be done now new Regiments are raising here, by calling that Company one of the Companies of any new raised Regiment, etc. Offers a vessel to sail for Bermuda at 100l. freight. Signed, Charles Noden. Endorsed, Recd. 15th, Read April 27, 1702. 1¾ pp. [C.O. 37, 3. No. 66; and 38, 5. pp. 207–210.]
April 6. 302. Minutes of Council of New York. Judgment of the Supreme Court in the case of Cruger v. Depeyster confirmed. Appeal to H.M. in Council granted. Mr. Atwood, for defendant, moved that the costs of the former appeals to H.M. in Council from the sentence of this Board may be paid to the Defendant. Referred till next Council Day. Whereas there are several matters depending in the Court of Exchequer, which cannot be finished by the time limited in the Ordinance for establishing Courts of Judicature, Ordinance ordered empowering and requiring the said Court to sit as near as may be according to the Court of Exchequer in England, until all cases are finally determined.
Information having been given that the Proclamation of March 10, having at Jamaica in Queen's County been affixed up for the Public view, these words have been subscribed thereto, next to the words 'God save the King' (and hang John Nanfan), the Council request his Honour to issue a Proclamation promising a reward of 200 pieces of 8/8 to such persons as shall discover within 14 days who hath done the same. Ordered accordingly. [C.O. 5, 1184. pp. 645, 646.]
April 6.
Kijkoveral in
303. Governor [Commandeur] Samuel Beeckman to the Dutch West India Company at Middelburg. Signed, Samuel Beeckman. 16¾ pp. Dutch. Enclosed,
303. i. List of papers sent by the De Jonge Jan to the Dutch West India Company. Dutch. 1 p.
303. ii. List of supplies required for the Colony in River Essequebo. Dutch. 10 pp.
303. iii. Muster-roll of all the Company's servants. 4 pp.
303. iv. Minutes of Council of Essequebo, Nov. 19 [N.S.], 1701. Dutch. 2½ pp.
303. v. Minutes of Council of Essequebo, Oct. 29 [N.S.], 1701. Dutch. 2¼ pp.
303. vi. Minutes of Council of Essequebo, Nov. 19 [N.S.], 1701. Dutch. 1½ pp.
303. vii. Minutes of Council of Essequebo, Oct. 18 [N.S.], 1701. Dutch. 2½ pp.
303. viii. Minutes of Council of Essequebo, Jan. 2.[N.S.], 1702. Dutch. 5¼ pp.
303. ix. Regulation and Warning of the Court of Policy, Oct. 18 [N.S.], 1701. Dutch. 1¼ pp.
303. x. Minutes of Council of Essequebo, Jan. 21 [N.S.], 1702. Dutch. 3 pp.
303. xi. Minutes of Council of Essequebo, April 3 [N.S.], 1702. Dutch. 2¾ pp.
303. xii. Minutes of Council of Essequebo, Feb. 20 [N.S.], 1702. Dutch. 3¼ pp.
303. xiii. List of persons sailing in the De Jonge Jan. Dutch. 1 p.
303. xiv. Inventory of all the effects of the Dutch West India Co. under the charge of Samuel Beeckman, Commandeur of the Colony of Essequebo, etc., March 7 [N.S.], 1702. Dutch. 29½ pp.
303. xv. List of Medicines required for the Colony of Essequebo. Dutch. 2 pp.
303. xvi. Inventory of the cargo of the De Jonge Jan, consigned to the Dutch West India Company. The shipment is given from each Plantation. Dutch. 3⅓ pp.
303. xvii. Copy of petition of the Planters to Samuel Beeckman, Governor of Essequebo, and Council. Dutch. 1⅓ pp.
303. xviii. Petition of the inhabitants on behalf of Capt. William Wanton, to the Governor and Council of Essequebo. Dutch. 1½ pp.
303. xix. Will of Jan Dons, decd. Dutch. 2⅓ pp.
303. xx. Account of provisions imported from New York, Barbados, etc., Aug. 10 [N.S.], 1700. Dutch. 2 pp.
303. xxi. Certificate concerning the cargo of the De Jonge Jan. Dutch. ¾ p.
303. xxii. Extract from the Order of Council of Essequebo, Oct. 18 [N.S.], 1701, as to passports for departure. Dutch. 1 p. [See British Guiana and Venezuela Boundary, No. 3 (1896).]
303. xxiii. Sketch Plan for a Fort. 1 p.
303. xxiv. List of subscriptions for the Minister, Jodocus Bate, April 10 [N.S.], 1702. Dutch. 1 p.
303. xxv. Declaration of voluntary subscribers for the Minister, Jodocus Bate, Fort Kijkoveral, April 3 [N.S], 1702. Dutch. ½ p. [C.O. 116, 19. Nos. 10, 10.i.–xxv.]
[April 7.] 304. Col. Quary to the Council of Trade and Plantations. Some heads for the erecting of Companies in order to the carrying on a Trade with the Indians, so as to make it an advantage and security to H.M. (1) That H.M. grant Letters Patents to a Joint Stock Company for the whole Trade for 21 years. The Company to be obliged to furnish such a number of fighting men as shall be thought necessary for the security of the Frontiers, who are to be well armed, etc. That the Government shall assign on the Frontiers, at such a distance from the settlement, and in such a place as they shall think most for their security, 200 acres for a place of cohabitation, in which shall be built a Fort and Storehouse. A certain number of men to reside there always, the rest to carry on the trade with the Indians with all the justice and kindness imaginable. No person concerned in the management of the Trade shall be liable to pay any county or parish levies and shall be exempted from all military commands, but what shall be settled amongst themselves. This will save the country the great charge of maintaining troops of Rangers on the Frontiers, but will in no ways answer the end unless Albany be well secured. Signed, Robt. Quary. Endorsed, Recd. April 7, 1702. 1 large p. [C.O. 323, 3. No. 121; and 324, 8. pp. 111–114.]
April 7. 305. Col. Quary to the Council of Trade and Plantations. Memorial on the behalf and by the Order of the Representatives of the Three Lower Counties adjoining to Pensilvania. The inhabitants of those Counties, being H.M. most faithful and loyal subjects, do most heartily and solemnly declare that on all occasions they are ready and willing to hazard their lives and fortunes, and all that is dear to them, in defence of H.M., against the pretended Prince of Wales, etc. Mr. Penn hath assumed and exercised all powers of legal Government in the Three Lower Counties for about 18 years by calling Assemblies, levying money, erecting Courts, which they humbly conceive could not be done but by a Commission under the Great Seal of England with Instructions to ascertain the rules, methods and limetts of the said power, none of all which Mr. Penn ere had, whereof they humbly desire your Lordships will examine Mr. Penn's power of Government over them. The inhabitants of the said County[s] by their labour in planting tobacco do very much advance H.M. Revenue. They are exposed to all the danger and misery imaginable from any enemy or pirate, being the frontier to Pennsylvania, and having neither Militia, arms, ammunition or any Military Commission, though they have often addressed themselves to Mr. Penn, yet hitherto without the least redress. They have lately felt the fatal effects of their being thus naked and defenceless, having been most barberously robbed and plundered by pirates, not being able to defend themselves. Notwithstanding they are thus miserably exposed to all enemies by sea and the Indians by land, yet Mr. Penn hath lately received into his Government several Nations of strange Indians, some of those being supposed to have murdered many of H.M. subjects, wch. Indians are very well supplied with arms and ammunition, so that it is in their power to kill and destroy H.M. subjects when they please, the consideration of which gives a very great dread and terror to the inhabitants.
The inhabitants are exposed to all the miserys imaginable, their lives, liberties and properties being taken from them by the arbitrary will of persons not qualified by Law, neither the Judges, Jury nor evidence being under the obligation of an oath, or the affirmation allowed them here by Act of Parliament, and that which makes their condition the more deplorable is that they should enduer all this misery from the Quakers' arbitrary Government, when at the same time there are but very few Quakers in any of the Three Lower Counties.
I am instructed and empowered to implore your Lordships' favour in making such representation to H.M., as may induce her to take those three Counties into her immediate protection, so as they may be defended and protected from all H.M. enemies by sea, and also be freed and secured from the eminent danger they apprehend from the Indians, which will make them with cheerfulness to enjoy the fruits of their labour and industry and thereby augment H.M. Revenue. All that they have further to desire is that they may enjoy the same rights and liberties of English subjects which H.M. is graciously pleased to allow to all her subjects in the rest of Her Majesty's Plantations. Signed, Robt. Quary. Endorsed, Recd. April 7, 1702. 2 pp. [C.O. 5, 1261. No. 72; and 5, 1289. pp. 405–408.]
[April 7.] 306. Col. Quary to the Council of Trade and Plantations. A scheme for the better regulating the Militia in America. (1) That the Militia in every Province do consist of all Freemen between 16 and 60, unless reasonable cause to the contrary shall be alledged. (2) That all persons coming into any province be obliged to list themselves in some one Company within six weeks after their arrival. (3) That the command of the Militia in every Province be given to such persons, who by H.M. Commission shall be fitly qualified. (4) That it be formed into independent companies of foot, or when it can be obtained, of troops of dragoons, armed as foot, which are the most useful forces for the defence of the country. (5) To prevent disputes, each Captain to take place in action or in exercising according to seniority. (6) In this distribution into dragoons or foot, the substance and ability of each Freeman to be considered, that the charge of defence may lie equally on the poor and rich. (7) The arms, etc., to be provided at the public expense and of uniform bore, etc. The officers in each troop or company to be answerable for them, and to see them brought clean, etc., every day of exercise, which ought to be once in three months or oftener. (8) That such persons as Quakers, or others that are conscientiously persuaded they ought not on any account whatsoever to use arms, which opinion shall be certified under their hands, shall be obliged to do equal duty on some public works of the Province, and furnish their quota agreeable to their estates for to be laid out for the providing arms, etc. (9) That no soldier when commanded on service in time of war be suffered to desert or to commit any action inconsistent with the strict rules of discipline, but during the time of war be subjected to the same rules and penalties as H.M. regulated forces; that printed Regulations be sent into the Plantations, and read at the head of every troop or company. (10) That in case any Colony be invaded either by sea or land, on application from the Governor, a detachment be immediately made for their assistance out of the Provinces contiguous to them of a tenth or fifth man out of each troop or company, as by the Governor and Council shall be judged necessary. (11) That the expenses any Province is at in the maintenance of forces to resist an enemy actually entered into their own or a neighbouring Province be paid out of a due quota collected out of all the Provinces contiguous to the invaded Province. (12) That an Act for these purposes be drawn into form and transmitted to be passed into a Law by the General Assembly of every Province, obliging to the duties mentioned, and ascertaining the penalties. And in case any of them should refuse to pass such a Law, that it be humbly represented to Parliament by an Act made here or otherwise to oblige them thereunto. Signed, Robt. Quary. Endorsed, Recd. April 7, 1702. 2 pp. [C.O. 323, 3. No. 122; and 324, 8. pp. 107–111.]
[April 7.] 307. Inhabitants of the Bahama Islands to the Council of Trade and Plantations. The Humble and just Remonstrance of H.M. poor distressed subjects, late under the arbitrary and tyrannical Government of Elias Haskett, commissionated under the Lords Proprietors. Many and great have been the grievances and oppressions that we have groaned under from several former Governors for at least seven or eight years past, which with often and repeated supplications we have address'd the Lords Proprietors for relief therein, who have hitherto not so much as taken notice thereof, but on the contrary, our original petitions and complaints, signed under our hands, have been brought back by the succeeding Governors, who have made use thereof to punish the persons petitioning, to terrify others to do the like for the future, so that at present we are brought to that pass, that it is the greatest of crimes for the injured to complain. This is the absolute cause and occasion of our laying before your Lordships our present state under our late Governor (who hath not yet been six months amongst us), omitting all our former miseries, which would be too tedious to enumerate, but have been much of the same nature, all tending to the same end, vizt., self-interest of the Governors, to the destruction and ruin of the subject and country. Annexed,
307. i. A Breviate of sundry Articles shewing the absolute and necessary cause and reason of deposing and taking into custody Elias Haskett, late Governor of Providence, for his arbitrary and tyrannical Government, until H.M. and Lords Proprietors' pleasures be further known. (1) As the first and principall introduction to the well being and Christianlike living of the inhabitants in all Governments is the incouragement of the Church and Ministry, Elias Haskett hath on the contrary some small time after his arrival here denyed the country to allow their Minister his constant salary (and to that purpose made void by his own power an Act appointed for the confirmation thereof) which salary was raised by a duty on liquors and sugars imported, and Haskett at his arrivall bringing a large quantity of both (the duty of which amounted to a considerable sum) was absolutely the cause and reason thereof, and hath so far proceeded to vilify the present Minister (a man of worth), threatning to have him whipt through the town, that by his means the Gospel hath not been preached, nor any Ministerial function exercised amongst us for some months past. (2) By his own arbitrary power and authority he hath illegally taxed, and imposed upon H.M. free-born subjects and inhabitants of this Government a considerable quantity of braziletto wood, the chief commodity of the country, to the value of three hundred and odd pounds, to be cut by men for his use as a present which he says ought to be given to him, but extorted from the poor inhabitants, denying them all trade or commerce whatsoever till it was done. (3) Such persons that would not conform to these unlawful and intollerable impositions, he immediately (upon denyal thereof, on any sham pretence) puts into close prison and in irons, where they are so strictly confined that their nearest friends and relations are denied either sight or conversation with them. By which barbarous usage several persons have been forced for safety of their lives to ransome themselves by large sums of money, some 100l., others 50l. and so proportionably to their abilities. And all this done, both imprisonment and discharge, without any manner of process whatsoever, but by his own verbal order. (4) He demands the 1/5th of all braziletto wood cut for the use of the Lords Proprietors, contrary to all former Instructions given to any of their former Governors, as also the 1/6th of Tortoise-shell, never before so much as demanded, or thought of, to the great discouragement of the inhabitants to seek or labour for those commodities. (5) His Commission and Instructions relating to the demanding of the aforesaid duties in the behalf of the Lords Proprietors being required by the Council to be perused and recorded, as usually heretofore done by all former Governors, was by him denied to be shewn or produced. (6) He imposes excessive port charges on all vessels trading hitherto, contrary to all Laws heretofore made, or now in being, both upon strangers and inhabitants, to the ruin and discouraging of all trade and commerce. (7) He denies and makes void all Acts heretofore made in the time of the late Deputy Governor. Yet on several occasions, where any Laws so made serves himself, he will allow of them. (8) Instead of calling an Assembly, for to enact new Lawes, or confirming of those heretofore made (which he calls illegal and void), he prevents all further meeting of an Assembly to regulate those matters, and prorogues, and dissolves at his own pleasure, and, when an Act against monopolizing was sent to him and Council for confirmation, he ordered it should not be read, but thrown from the Board, and immediately prorogues the Assembly for six months. (9) Whereas the principal business of all Governments is the keeping the Peace, and safety of H.M. subjects, he on the contrary with his own hands beat and abused several Masters of vessels trading to this part, for only asking whether there was an Act of the Country for the exorbitant fees imposed on them, which by their largeness was reasonable to be demanded. (10) He being modestly asked by some indifferent persons how such unreasonable fees, and several fines could be imposed contrary to Law, made a short but tyrannical reply, "There is no Law in your Country. What cannot I do?" (11) In a time of great scarcity for provisions, when the inhabitants were ready to starve, he monopolized a large quantity of corn and disposed of it to a Spanish and Portuguese ship, which was transported out of this Government, to the great oppression of the poor inhabitants, and did declare that if the said corn were not sold to himself, the owners should not have the disposal of it. And traded for a considerable value with the said ship. (12) He demands and receives from 6l. to 9l. for each licence to marry, and denies the banns of matrimony to be published in Church according to the Canons thereof. By which means the honest intentions of several poor people, who cannot comply with his unreasonable demands, may by such methods be (in a manner) forced to live disorderly and incontinent lives. (13) Notwithstanding H.M. Commissions granted to several persons here for the executing the offices of Vice-Admiral, Judges and other Officers of the Court of Admiralty, he hath constituted and appointed the said several officers by virtue of his own Commission, and in this, as well as in all other Courts of Judicature, acts by the same arbitrary power and authority, as by sundry examples of that nature are ready to be made appear. (14) To strike at the very root of trade, intelligence, commerce and all correspondence whatsoever betwixt merchants and all others, he from the very first intercepts all letters, accounts, bills of lading, and all other papers whatsoever, which he breakes open and detains as he thinks fit, and to that purpose imposes an unlawful oath on all Masters of vessels to declare and deliver to him all letters they either bring in or carry of the Government. (15) What little trade remains in the Government (which decreases by his several illegal impositions thereon) is all centered in himself, no person being suffered scarce to ask the price of a commodity imported, before he has refused to buy it. (16) To make appear the regard he has to H.M. Officers and interest in this Government, he most inhumanly beats and abuses H.M. Collector here, and orders him to be put in prison and irons and his boat to be sunk, whenever he went aboard of any vessel to execute his office. (17) After a seizure made of a parcel of claret and brandy brought from the French Port of Cape Francoi in Hispaniola, he orders it to be appraised by two persons by him appointed for that purpose at an inconsiderable value, and takes it all to himself, never suffering a public sale to be made thereof, as is usual in those cases, that H.M. might not be defrauded in his part of the true value. (18) In a small time after, he hires a vessel himself, and gives orders to the Commander and Company privately to cut a load of braziletto wood amongst some of the Islands of this Government, and the same to carry to the aforesaid French Port of Cape Francoi, and there to be disposed of, and returns made to him in alamode silks and other French goods and privately to be landed in this Island. And this sort of trading, so prejudicial to H.M. interest, breach of sundry Acts of Parliament, and perticularly to his own oath taken as Governor, he had laid a foundation to be continued so long as the Master and Company so imployed thought fit, and encouragement to all the men to bring what goods they pleased for themselves. (19) In the Courts of Common Pleas and other Courts of Judicature, established by the Laws of this Government consistent to the Laws of England, in those cases he hath imposed double fees for all proces and matters therein, and hath constituted one of his own servants Clerk of all the said Courts, and preposterously to act and plead as an Attorney, also therein denying any other. The whole profits of which intolerable and exorbitant fees by him so imposed, coming all to himself. By which means Right and Justice is bought and sold by him. (20) Whereas most of the inhabitants have, and constantly have had sundry parcels of brazilletto wood cut in several of the adjacent Islands, in order to bring to this Port for transportation, he hath often (and by many orders to that end to masters of vessels employed in his service) given Instructions to take and load the same for his own proper use, which can be no ways better termed than perfect robbery. (21) In all matters and proceedings of Government, he hath never so much as advised or consulted with his Council, which by his Instructions he ought to do, but by his own arbitrary power hath laid embargoes, put out Proclamations, and done several other acts and things, and made it a high crime for any to ask the reason thereof. (22) He hath taken up sundry persons on pretence and suspicion of piracy, and on which account made seizure and taken into custody all their effects, and after a hard and severe usage, and strict confinement in irons, and being sufficiently harassed, hath sent them private notice what sum of money should purchase their freedom, which accordingly when paid him, they have been discharged. (23) He by his private letters writ to some of his friends in England gives them this account, that he had not been in his Government quite two months, and yet had got 2,000l. and hoped by next spring to send home 10,000l more, which he might well do by his forerecited illegal waies and methods, pursuant to which he often and openly declared he would not leave any one man in his Government worth 100l. before he had done with them. And by vilifying and defaming us, the inhabitants, to your Lordships, he supposes you would not hear any complaints against him. (24) And to put a fair gloss upon all these arbitrary and tyrannical ways, he appointed a General Muster, Sept. 25, 1701, and having designedly drawn off the most substantial and sencible persons of the country, orders a great quantity of liquor to be given to the remaining part of the poor ignorant people, who having plentifully drank and intoxicated themselves, a paper was produced to them to be signed in the name of the whole Country, the intent and meaning of which was not mentioned to them, but only told that there was no injury in it, but it was to the interest of the Government and refitting of the Fortifications, upon which about 20 or 30 illiterate persons signed it without further examination, but when afterwards examined and discovered, it was an Address to the Lords Proprietors, giving them thanks for making choice of so good a person as Elias Haskett for their Government, who corrected vice, encouraged virtue and trade, with several other high encomiums diametrically opposite to the rules and methods he has used.
We pray you will take into your serious consideration some speedy methods for our future safety and preservation, by representing this our condition to H.M. and Council or Parliament, that this Island of Providence may be defended from a foreign enemy, and its poor inhabitants protected in their lives and fortunes from such grievances, oppressions they have so lately suffered under, one great cause of which, we have just reason to suppose, was the unhappy arrival of Every here, together with the Dutch wreck, from both which the former Governour at that time having gained a considerable sum of money, which hath made so great a noise in the world that the succeeding Governors promising themselves the like success, and being frustrated therein, have betaken themselves to all illegal and irregular ways to ruin the inhabitants, to answer their ends, which hath caused one remark to be made in this new Settlement (never known in any other in America before) that for this seven years past there hath not come from any foreign part above three families to settle here, that have brought the value of 40l. with them, and for no other reason than the avaritiousness of our Governours, who have created a terror in those who have only come to take a view of our Country, with a design to have settled amongst us. Signed, Elias Lightwood, President elected for the time being, in behalf of the inhabitants in general. Endorsed, Recd. Read April 7, 1702. 10 pp. [C.O. 5, 1261. No. 73; and, 5, 1289. pp. 409–425.]
April 7. 308. Nicholas Trott to the Council of Trade and Plantations. The Lords Proprietors appointed Nicholas Trott to be Attorney General, and Advocate General of South Carolina, and Naval Officer of Carolina, Feb. 5, 1697. The latter appointment was approved by the Commissioners of Customs March 18, 1697. After tendering his Commissions and approbation to Governor Joseph Blake and Council, Trott was sworn Attorney General and Naval Officer of Carolina, but not Advocate General, the Governor and Council acquainting him that H.M. had taken the Admiralty Jurisdiction into his own immediate power, but that one Mr. Jonathan Amory was appointed Advocate General by the King's Commission under the Great Seal of the Admiralty. Whereupon Trott waived his claim. He entered upon his offices and fulfilled them to the satisfaction of the Commissioners of Customs for about six months. Upon the arrival of the Cole and Been galley in Carolina Dec. 6, 1699, Governor Blake writ a letter to Mr. Bellinger, whom he appointed Collector of H.M. Customs in Carolina (and continued in the said office till the Cole and Been was condemned, notwithstanding that Thomas Broughton was appointed Collector by deputation from the Commissioners of Customs in London), to seize the Cole and Been under pretence of her not having a Register in due form, and desired Bellinger to speak to Trott to prosecute her in the Court of Admiralty in Carolina as Advocate General, Mr. Amory, the King's Advocate being dead. Trott replied that, without he had a Commission from the King, he would not act as Advocate General, since the King had taken the Admiralty Jurisdiction into his own power, and withal gave his opinion to Bellinger that the Cole and Been ought not to be seized, for that her certificate from the Custom House at London was what was required by the Act for preventing frauds, etc., and that if it did not mention that it was persuant to the said Act, it was only want of form. All that they could justly do was but to oblidge them to give security to produce a register in better form. But the Cole and Been and her lading being worth several thousand pounds, Governor Blake was resolved to have her seized, he being sure of having her condemned in the Court of Admiralty, where Joseph Morton, his brother-in-law, sate sole Judge, and Mr. Bellinger, the Informer, was Deputy-Judge, by commission from Morton, and so had an influence upon him; and whom the better to encourage in the condemning of the ship, Mr. Blake and Mr. Bellinger allowed Judge Morton 136l. 15s. 6d. for his fees, whereas, if the vessel and her lading had been acquitted, he had had only such fees as was allowed by the Act of Assembly which were inconsiderable in comparison. Upon the trial, Trott being in Court as a spectator, seeing how unjustly Judge Morton proceeded, being resolved, right or wrong, to condemn the ship, Trott offered to move some things in favour of the owners, but the Judge would not hear him, and upon the condemnation, Trott urged that the owners ought to be allowed an appeal to England, which Judge Morton positively denied, for that, if the owners had been allowed an appeal, upon security given they might have their ship and goods, which they were resolved to share amongst them. Upon Trott's refusing to prosecute the Cole and Been as aforesaid, Governor Blake and Judge Morton and the rest of his Council on Jan. 20, 1699/1700, suspended him from the execution of his offices of Attorney General and Naval Officer of Carolina, and Trott making his application to the Lords Proprietors for relief, could never have any decision of his business, but is still kept out of the said offices, and the salary and perquisites thereof. Notwithstanding Trott was thus suspended, H.M. by Order in Council, Oct. 22, 1700, allowed the owners an Appeal, and on July 31, 1701, on hearing the appeal, the decree of the Court of Admiralty in Carolina was reversed by the Lords Justices in Council. And the denying of an appeal in that case is given into the House of Commons by the Council of Trade as one of the irregularities in the Government of Carolina for which the Propriety ought to be dissolved. Which is certainly a sufficient justification of Trott in speaking in behalf of the owners, as above, when he was most unjustly suspended, for the reasons above, as will appear by their own order of suspention. The malice of Governor Blake and his Council did not cease there. Trott being retained on behalf of the Administratrix of the estate of Jonathan Armory [sic] in an action brought against her by Joseph Blake as Governor, Judge Morton and James Moore, whom Blake had made Chief Justice of the Court of Common Pleas, and others in behalf of the weal public of Carolina, James Moore would sit sole Judge of the cause, though one of the plaintiffs. Nicholas Trott gave in reasons in behalf of his client in arrest of judgment, one of them being that "Joseph Dudley, one of the plaintiffs in the declaration is styled Governor, when he hath no Commission for Governor of Carolina from the Lords Proprietors, neither is he allowed and approved of by H.M. according to the Act, and therefore cannot maintain an action as Governor." Whereupon Blake, Morton and Moore, all of them plaintiffs in the action, and Edmund Bellinger, on whose account the action was brought, did affirm that the giving the said reason by Trott was an Act seditious, a notorious breach of H.M. Peace, tending to the distraction and disturbance of the people and the alienation of their affection from H.M. and his Government here established, and ordered the Marshall to apprehend him and him in gaol to keep till he enter into recognizance with sufficient sureties to appear at the next Sessions, and in the meantime to be of the good behaviour, and James Moore, Judge of the Common Pleas, silenced Trott from pleading in the Courts. Which said Moore, since the death of Blake did assume the Government of Carolina, and he also still keeps the same without any Commission from the Lords or confirmation from the King, tho' there have been more than sufficient time for him to have obtained his confirmation in the said Government. Signed, Nicholas Trott. Endorsed, Recd. April 7, 1702. Recd. from Col. Quary. 2¼ closely written pp. [C.O. 5, 1261. No. 74.]
[? April 7.] 309. Minute of Council of Carolina, Charles Town, Jan. 20, 1699/1700; suspending Nicholas Trott from his offices of Attorney General and Naval Officer in Carolina, with a copy of the Governor's Instructions relating to suspension. The grounds given are that Edmund Bellinger said Trott promised to appear on behalf of H.M. at the trial of the Cole and Bean galley, but at the end of the trial said he would not appear for the King, and what discourse he made was in favour of the galley, though he did not appear for her. 1½ pp. [C.O. 5, 1261. No. 75.]
[? April 7.] 310. Copies of the Order of Joseph Blake and Council to bind Nicholas Trott to his good behaviour, Aug. 17, 1700, and of his recognizance (as described by Trott above). 1 p. [C.O. 5, 1261. No. 76.]
[? April 7.] 311. (1) Copies of appointments of Nicholas Trott to be Attorney General, Advocate General and Naval Officer of South Carolina, Feb. 5, 1697. Signed, Bath, Palatine, A. Ashley, Craven, Bath for ye Lord Carteret, Wm. Thornborough for Sir Jon. Colleton, Tho. Amy.
(2) Copy of approval of the Commissioners of Customs. Custom House, London, March 18, 1697. Signed, Walter Yonge, Sam. Clearke, Ben. Overton, Jo. Austen.
(3) Copy of Bond for Nicholas Trott's performance of his duty as Naval Officer. Signed, Nicholas Trott (? Senr.), John Trott, March 18, 1697.
(4) Commissioner of Customs to Nicholas Trott. Acknowledging receipt of lists of ships forwarded by Nicholas Trott. Custom House, London, Jan. 31, 1699. Signed, Sam. Clearke, Ben. Overton, Robert Hendley, Wm. St. Quintin. Copy. The whole 3 pp. [C.O. 5, 1261. No. 77.]
[April 7.] 312. (1) Copy of Declaration of Claim of Governor Blake, Joseph Morton, James Moore and other Commissioners appointed for executing the Act for appropriating money for fortifying Charles Town v. Sarah Rhett; administratrix of Jonathan Armory, merchant, late Public Receiver, decd. 100l. due to Capt. Edmund Bellinger is claimed. July 20, 1700.
(2) Copy of Order of above Commissioners to Madam Sarah Rhett to pay Bellinger 100l. "in dollars at 5s. the dollar."
(3) Copy of the demurrer of Sarah Rhett, Aug. 15, 1700, that the Declaration of Plaintiffs' claim is not sufficient for them to maintain their action; and
(4) that James Moore, one of the Plaintiffs, cannot sit Judge in his own cause. Signed, Nicholas Trott, pro Defendant.
(5) Copy of Reply of above Commissioners that their Declaration of claim above is sufficient in Law for them to maintain their action. Signed, Henry Wigington, pro Defendants. The whole, 4 pp. [C.O. 5, 1261. No. 78.]
[? April 7.] 313. Reasons offered by Sarah Rhett (see preceding) for arrest of judgment. (See Memorial of N. Trott above.) Aug. 17, 1700. Signed, Nicholas Trott for the Defendant. 2 pp. [C.O. 5, 1261. No. 79.]
[April 7.] 314. Minutes of Council of Carolina, Sept. 11, 1700. James Moore elected Governor, objection being taken to the Landgraves, Morton (for accepting a Commission as Judge of the Admiralty from the King) and Bellinger (for accepting a Commission from Morton as Deputy Judge of the Admiralty). Endorsed, Recd. from Col. Quary. Recd. April 7, 1702. Copy. 2½ pp. [C.O. 5, 1261. No. 80.]
[April 7.] 315. Copy of an Act prohibiting the importation of Tobaccoes from Carolina and other parts without the Capes into Virginia. Endorsed, Recd. April 7, 1702. 1¼ pp. [C.O. 5, 1312. No. 31.]
April 7.
316. Journal of Council of Trade and Plantations. Col. Quary attending presented several papers to the Board.
Further progress made in the report upon Mr. Secretary Vernon's letter, April 1.
April 8. Memorial from Mr. Thurston, relating to a mistake in the provisions sent to Newfoundland last year, and to some abuses on the disposal of those provisions there, read. Ordered that he acquaint the Victuallers of the Navy of the mistake, and their Lordships what proof he has of those abuses.
Report on the state of defence of the Plantations further considered. Ordered that Col. Dudley be desired to inform the Board what orders have been given by H.M. or the late King in reference to New England, and what hath been done in execution of any such orders since his being appointed Governor.
Ordered that the Secretary send to Mr. Attorney General for the Acts of Pennsilvania that are in his hands and for an answer to the letter of Oct. 29 last.
April 9. Col. Dudley's reply read.
Letter to Mr. Burchet about Newfoundland provisions ordered. Mr. Lawton offered several reasons in excuse for Mr. Penn's giving [sic] out of town without attending on the Board, and being told that the Report to be made upon the complaints that lie before their Lordships relating to Pennsilvania, require dispatch, he promised to write this night to Mr. Penn in order to hasten his return.
Mr. Bird desiring their Lordships to appoint him a day to be heard upon the Virginia Address relating to the assistance required for New York, he was told that the Assembly's transmitting their Address to the Queen by him, as a particular Agent directly from themselves (there not being in the said Address or otherwise any matters of complaint against the Governor, through whose hands it ought to have been conveyed, and Mr. Bird also acknowledged that the Governor had done his duty, and that the Assembly have nothing to object against him) is an irregular way of proceeding; but that nevertheless their Lordships would consider the Address and report their opinion thereupon to Her Majesty. Mr. Perry also attending, said that though there was no complaint against the Governor upon account of his zeal in pressing the Assembly to comply with the quota required, he having done his duty therein, yet the People were very uneasy at the proposal, and he therefore prayed that a letter might be writ to the Governor signifying H.M. pleasure upon the Assembly's Address. In relation to the defence of that Province, he said that he had by the last ships sent over arms for several hundreds of the Militia both horse and foot, that he believes the people in general will provide themselves with arms, but nevertheless he desired that H.M. might be moved to send thither such arms as in the present conjuncture might be thought fitting. [C.O. 391, 14. pp. 399–406; and 391, 96. Nos. 59–61.]
April 8. 317. Copy of an Act for reuniting to the Crown the Government of several Colonies and Plantations. Whereas by virtue of several Charters and Letters Patents under the Great Seal of England passed and granted by several of his Majesty's royal Predecessors, as also by his present Majesty and the late Queen Mary of blessed memory, the several Colonies, Provinces and Plantations of the Massachusets Bay, New Hampshire, Rhode Island and Providence plantation, Connecticut in New England, East and West New Jersey, Pennsylvania and the adjacent territories, Maryland, Carolina and the Bahama or Luca Islands in America, have been granted unto several persons, together with the absolute government or authority over his Majesty's subjects in those places, whereby the grantees were not only made Proprietors of the soil and lands comprehended within the said places, but also Lords and Governors thereof; and whereas the severing of such power and authority from the Crown and placing the same in the hands of subjects hath by experience been found prejudicial and repugnant to the trade of this Kingdom and to the welfare of H.M.'s other Plantations in America and to H.M.'s revenue arising from the Customes, by reason of the many irregularities committed by the Governors of these Plantations and by those in authority there under them, by encouraging and countenancing pirates and unlawful traders and otherwise. Be it therefore enacted, by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons in Parliament assembled, and by the authority of the same; that all and singular the clauses, matters and things contained in any Charters or Letters Patents heretofore passed under the Great Seal of England by any of H.M.'s royal Predecessors or by his present Majesty and the said late Queen, relating to the government of H.M.'s subjects within the said Plantations, Colonies or places, or any of them, or within any other Plantation, Colony or place in America, whereby any power or authority is granted to any person or persons from the Crown, be and is hereby declared and enacted to be utterly void and of none effect. And it is hereby further declared and enacted that all such power and authority, priviledges and jurisdictions be and are hereby reunited, annexed and vested in his Majesty, his heirs and successors, in right of the Crown of England, to all intents and purposes, as though no such Charters or Letters Patents had been had or made; Provided always that nothing herein contained shall be construed to extend any ways to alter, take away, diminish or abridge the right or title, which any person, persons or bodies politick or corporate have or lawfully may have or claim to any land, tenements or hereditaments or any other matter or thing (authority and government only excepted) by virtue of the said or any other Charter or Letters Patents by any mean assignments or conveyances or otherwise howsoever; Provided also that nothing in this Act contained shall be construed to impower his Majesty, his heirs or successors to govern the said Plantations, Colonies or places or any of them or the inhabitants thereof otherwise than according to the Laws in force in the said Plantations and places respectively, not repugnant to the Laws of England, and such other laws and constitutions as shall from time to time be made by the General Assemblies of the said respective Plantations according to the several and respective priviledges, as at any time heretofore granted to the said several Plantations and Colonies respectively, by any Charter or Charters or Letters Patents under the Great Seal of England, and according to the usages in H.M.'s other Plantations in America. Endorsed, Recd. Read April 8, 1702. 5½ pp. [C.O. 5, 1261. No. 81; and 5, 1289. pp. 426–430.]
April 8.
April 19.
in River
318. Governor Beeckman to [? the Dutch West India Company]. Signed, Samuel Beeckman. Endorsed, Read Sept. 11 [N.S.] 1702. Dutch. 3¾ pp. Enclosed,
318. i. List of papers sent by the Fortuyn. Dutch. 1 p. [C.O. 116, 19. Nos. 11, 11.i.]
April 8.
319. William Popple to Mr. Attorney General. The Council of Trade and Plantations having immediate occasion to look into some of the Acts of Pennsylvania, which are in your hands, they desire you to return them without giving yourself the trouble at present of making any particular report thereupon; only they would be glad to receive your and Mr. Solicitor General's answer to the two questions expressed in my letter of the 29th of October last, wherein I sent you the said Acts, with what speed you can. [C.O. 5, 1289. p. 426.]
April 8.
320. William Popple to Col. Dudley. The Council of Trade and Plantations desire you to inform them what orders have been given by her Majesty or the late King in reference to New England, and what has been done in execution of any such orders since your being appointed Governor of those parts. [C.O. 5, 910. p. 193.]
April 9.
321. Col. Dudley to Mr. Popple. [In reply to preceding] I know of no orders referring to New England either from his late Majesty or the Queen, then my Commission and Instructions. I hope their Lordships will please to put forward the supply of cannon and some soldiers for the garrisons of those Governments, as I have humbly offered in my memorial. Signed, J. Dudley. P.S. Mr. Blathwayt was pleased to speak with me of these affayres yesterday, and promist to make my answer. Endorsed, Recd. Read April 10. 1 p. Holograph. 1 p. [C.O. 5, 862. No. 106; and 5, 910. p. 193.]
April 9.
322. William Popple to Josiah Burchett. There was an error in the provisions sent for the soldiers at Newfoundland the last year, and therefore those to be sent this year may be for two men less. [C.O. 195, 3. pp. 64, 65.]
April 9.
323. Lt.-Gov. Beckford to the Council of Trade and Plantations. If the Admirall had not stopt H.M.S. Margett, I had not had this present opportunity of giveing your Lordships the fatall advice of H.E. Wm. Selwyn, who departed this life the 4th inst. On the 5th I met the Council and to them publisht the Commission obtain'd by your Lordships' advice and favour from H.M. for Lieut.-Governor. The Counsell first administered the oaths to me, which I afterwards administered to all of them. The 6th, about 8 at night, the corps was interr'd. As soon as the ceremony was perform'd, I published my Commission at the head of the severall Companyes, the 7th it was likewise publish'd in the Church at Port Royall, the Regiment then being in arms. Thus farr have I putt in execution H.M. Commission, without any reluctancye of the people, or the least hesitation of the highest or lowest of paying their ready obedience thereto. I have gott Genl. Selwyn's Instructions, but have not yet had time to read or consider them, but I assure your Lordships that I will with all my might and power endeavour to perform every article in them, and shall never act in anything contrary to H.M. commands. The late Governor sent out a sloop about the 7th of March last to learn the motions of the French Fleet, which returned about the 28th, and brought an account that they had left Martineque, and were either come down to Leogane or Hispaniola, but I rather believe they are gone to the former place. The Admiral sent out another small sloope on Saturday last, and yesterday I dispatch'd away another for Leogane to look in there for them, if not there, to sail for Waltanam, and not meeting with them there to proceed for St. Iago upon Cuba, and if they are at neither of those 3 places, we may bee assured that they are gone to the Havana, and then they are so far to Leeward of us that wee need not fear their coming upon us for this bout, tho' I must say wee are as well provided to receive them as wee shall bee if they give us longer time, and I doe not any wayes doubt but (by God's assistance), if they should attempt anything, to give H.M. a good account of them.
Our Assembly, before the late Governor's death, adjourned till Tuesday the 14th, when I resolve to meet them, for not only every Member of the Council, but all others as well as myselfe, are clearly of opinion that the death of the General does not dissolve the Assembly; for wt. Laws we have now, most of them were made under the same circumstances; for when Sir Henry Morgan was Lieutenant-Governor of this Island, he called an Assembly, and in the time of their sitting or being Sir Thomas Lynch was made Capt. Genll., he wrote to Sir Henry not to dissolve the Assembly, so they were kept on foot until Sir Thomas arrived, and he continued them, and without calling a new one, made many or most of those lawes, which King Charles II was pleased to confirme for 21 years, and now there is a greater necessitye to continue this, for wee have yet no Law to quarter the Officers and Souldiers, save the short Act I herewith send your Lordps., which this Assembly has made but for 3 moneths, or the determination of their Sessions, which should first happen, and no longer, so that, if they are of course dissolv'd, that Law will cease, and then wee have no way, except the Martial Law will doe, to quarter either officers or souldiers. They have indeed revived the additional Duty for one yeare, or the end of this Sessions, but if they are dissolv'd, I feare that faills of course, so I cannot see any remedy but they must bee continued, or Martial Law putt on foot, and the latter will bee of ill consequence to the country. I can yet give your Lordships no further or better account of matters or things at this present, but by the next (God permitting) will not fail to enlarge, and doe hereby assure your Lordships that as far as the Almighty shall enable me, I shall make it my whole businesse and constant studdy to performe the trust reposed in me. Signed, Pe. Beckford. Endorsed, Recd. 16th, Read June 18, 1702. 2½ pp. [C.O. 137, 5. No. 64; and 138, 10. pp. 336–340.]
April 9. 324. Abstract of preceding [C.O. 137, 41. p. 1.]
April 9.
325. Lt.-Governor Beckford to Mr. Secretary Vernon. Repeats part of information in preceding, and adds :—The sloop sent out March 4 (or 7) learned from the Spaniards to windward of St. Domingo that, 10 days before, a sloop arrived from Martinique and brought advice that the French King was dead; that Monsieur Château-Renault had put on shore again such land-men as he had before taken on board for some expedition, which upon some advice or for want of orders he laid aside. We had further advice of Château Renault with this Fleet being at Portugall received orders to make the best of his way for the West Indies, there to watch the motions of our great Fleet, which the French supposed to be the sixty odd sail that came out together with Admiral Benbow: now I suppose when the 16 victuallers came to Château Renault at Martineque (as we are informed so many arrived there), and brought him no certainty of war, nor any positive advice how he should proceed, and having lain a long time there, his ships foul, the biggest of them disabled, a great many of his men dead, and all of them sickly, and having victuals to furnish M. Catlagon's (Coetlogon's) Fleete, which came to him from the Havana, for their home voyage, he sent those ten sail for France, set sail with his own fleet, and I verily believe is now at Leogane, and has sent away a ship to the Havana, with orders to send him timely notice when the Spanish Fleet will be ready to sail, so to slip by us down to the Havana, and away with the Spanish Fleet through the Gulph, without making any stay at the Havana, for I conceive he thinks that if he should sail directly away for that Port, and so fall to leeward of Admiral Benbow, he would or might follow him down, and there block up both fleets, or fall upon them. Signed, Pe. Beckford. 2 pp. Annexed,
325. i. Lt.-Governor Beckford to Mr. Secretary Vernon. Jamaica, April 24, 1702. Since the above to your Honour by the Margate, I have advice by a Dutch man, who put into the North side of this Island for wood and water, and had been trading at the Manchaneels on Cuba, that the French Fleet sailed from Leogane about the last of March, for April 4 they were seen to pass by St. Jago upon Cuba, bearing down with a full sail, their fleet consisting of 28 ships. They sent a packet ashore at St. Jago for the Havana. This confirms the news brought me by a vessel of this Island, who put into Port Louis on the Isle de la Vache, which is the new settlement made by the French on the South side of Hispaniola. The Master informed me that 24 men of war, from 60 to 70 guns, arrived at Leogane March 12, N.S., and sailed the 22nd for the Havana. So that there is but little difference in the advices; one makes them but 24, the other 28 sail, there might be 4 tenders. They seem to agree well enough as to the time of their departure one or the other might mistake a day or two, or they might have met either with calms, or contrary winds, which might occasion their being longer under weight then I supposed, tho' I make no question but that they are either at the Havana, or else have proceeded for Europe with the Spanish Fleet. Yet it is still to be hoped that they will not trust themselves under their convoy. I am at present under no apprehensions of the French's designing anything against this Island. I do not hear of their assembling any body of men together at any of their settlements. I believe their design of sending that Fleet was either to take care of the Spanish Flota, or else to observe the motions of Admiral Benbow, whom they might suppose to be stronger then he really was. Signed, Pe. Beckford. Endorsed, R. June 29, 1702. 3 pp. [C.O. 137, 45. No. 2.]
April 9. 326. Minutes of Council of the Massachusetts Bay. Letter from Lt.-Gov. Nanfan, March 28, read, importing that Col. Romer would in a short time prepare for his return. Letter from Col. Romer, March 24, saying that he must make a voyage to Albany to set out the fortifications to be made there, and give necessary directions for carrying on the same, and that, at his return to New York at the end of April, he was resolved to come hither by the first opportunity.
Col. Nicholas Paige presented to the Board a letter directed to him from Lieut. Sabin of Woodstock within his Regiment, acquainting him that by reason of the removal of some of their Indians, etc., he had mistrust that the Indians were plotting some mischief, and that he had thereupon given order for putting the garrisons in the said town in repair, and for keeping a military watch, and praying directions in that matter. Ordered that the Secretary write to Lt. Sabin signifying the Council's approbation of his orders, which he was to continue, but nevertheless take care not to do anything that may give first provocation to the Indians, or that may cause them to think any harm is intended against them.
Warrant signed for 500l. for procuring provisions for the Castle.
Proclamation signed for dissolving the Assembly, the business of the husbandry being urgent at this season, and the time near at hand for an anniversary choice of Representatives.
April 10. Writs signed for convening the Assembly on the last Wednesday of May, as the Charter directs.
Orders signed for the discharge of 31 pieces of Ordnance from the Castle and 21 from the Fort in Boston to-morrow at noon, being the anniversary of the Coronation of King William.
Capt. Southack's accounts committed to be audited. [C.O. 5, 778. pp. 131–133.]
April 9. 327. Minutes of Council of the Massachusetts Bay. Copy of Proclamation dissolving the Assembly, as above. [C.O. 5, 788. p. 214.]
April 9. 328. Minutes of Council of New York. Ordered that James Mott and Henry Fowler, J.P.s for the County of Westchester, do inquire into the difference between Col. Caleb Heathcote and Saml. Staats and others relating to their right to land on the head of the lines of East and Westchester.
The Countess of Bellomont now having in her possession 500l. given by H.M. for the building a Fort at Onnondage, and the Government here being indebted to her considerably above that sum, and there being no money in the Treasury to pay her, ordered that the Collector and Receiver Generals do take up at interest on the credit of this Government 500l. to be applied for the building the Forts at Albany and Schenectady.
George Clark appeared and made oath that one Eden Burroughs, a lad of about 15 or 16 years old, had told him that he had subscribed the words to the Proclamation [see April 6]. He believed them to be in Burroughs' handwriting. Ordered that a warrant issue to the High Sheriff of Queen's County to take him into custody and bring him before the Board on Monday. Ordered that George Clarke, George Marriner, Andrew Marriner, and Edward Rasum be summoned to appear at the same time. [C.O. 5, 1184. pp. 646, 647.]
[April 10.] 329. Memorandum of Memorial from Mr. Randolph shewing the defects in the several Acts relating to Trade and proposing a method to render them more effectual in the Plantations. Endorsed, Recd. 10th, Read April 13, 1702. ¼ p. [C.O. 323, 3, No. 123.]
April 10.
330. Journal of Council of Trade and Plantations. Memorial from Mr. Randolph shewing the defects in the several Acts relating to trade, etc., laid before the Board. He was appointed to attend on Tuesday.
Further progress made in the Representation upon the 4½ p.c.