America and West Indies: April 1702, 16-20

Pages 226-249

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 16. Col. Caleb Heathcote appearing to answer the petition of Samuel Staats and others, April 2, made oath that he hath not purchased any lands from the Indians in the County of Westchester since Feb. 24 last, within the bounds contained in the deed from the Indians to Samuel Staats and others.
Edward Antill took the oaths appointed, and explained that he could not take them during the life of King James. [C.O. 5, 1184. pp. 656, 657.]
April 16. 342. William Popple to Charlewood Lawton. The Council of Trade and Plantations send you the inclosed abstract of Informations, which lye before them, relating to irregular proceedings and other undue practices in Pennsylvania, unto which they expect Mr. Penn's answer. And I am further to acquaint you, that upon your notice of his coming to town, they have appointed to meet on Monday morning next at ten o'clock in order to hear what he may then have to offer. Annexed,
342. i. Abstract of several Informations relating to irregular proceedings and other undue practices in Pennsylvania. (1) That all Illegal Trade is carried on there more than ever. Sloops are purposely imployed to go out of the Capes and take on board goods brought by other vessells from Curacao, which they land at Philadelphia or elsewhere, and then the vessells that brought them come up to Philadelphia in ballast, as if they had brought nothing. (2) The Acts past in Pennsylvania to prevent illegal trade are not put in execution; as neither the Acts of Trade made here. (3) Mr. Penn having appointed Water Bayliffs by his own authority, has invaded thereby the jurisdiction of the Admiralty established by the King. (4) There is neither any Militia established, nor any provision made of arms or ammunition; but the country left defenceless and exposed to all hazards both by land and sea; of which the Representatives of the lower Counties have several times complained to Mr. Penn, but without obtaining any redress. (5) Mr. Penn endeavours all he can to invite foreign and French Indians, known to be villains, and but lately come from Canada, to settle in this country, only for the benefit of a trade with them; which he takes care wholy to ingross to himself, by ordering the Indians not to permit any to trade with them but such as produce an indented licence under his seal. What his profit may be thereby is not known, but it is apprehended this practice may tend to endanger the lives of many thousands of her Majesty's subjects. (6) Mr. Penn prevailed with the Assembly at one sitting to make a present to him of 2,000l., and further to settle upon him 1,000l. per annum and upwards in taxes. The expence of their several sittings whilst he was there amounts to above 600l.; but he has not disposed them to raise the small quota of 350l. which was signified to be requisite towards the defence of New Yorke; they excusing themselves chiefly upon account of their want of a settled Militia, arms and ammunition for their own defence. Nor has he disposed them to any compliance with the quota of men for New York in case of an attack, tho' it be a condition upon which the government was restored to him. (7) The Representatives of the three lower Counties, in an address to Mr. Penn, have further represented, that instead of reaping the security designed by the laws past at New Castle, they find that the most essential of those laws, and which nearest concern them in their estates, have not been sent home for his Majesty's approbation, especially those for qualification of magistrates and juries and those for establishing property and raising money. (8) Those Representatives being doubtfull of Mr. Penn's right to the government of those counties, they desired a sight of his Deeds of Feofment. But instead thereof were threatned with a goal, without bail, till either the King's pleasure should be known, or Mr. Penn's return into those parts; and by these proceedings being made more doubtfull of the validity of the laws past at New Castle, they refused to confirm the same. (9) In relation to the administration of justice, information has been given of three particular cases very hainous, viz., a man committed for bestiality with a mare, for want of a legal method of proceeding, got off. A woman committed for murdering her bastard child, and confessing the fact, was either acquitted or pardoned; the son of an eminent Quaker committed for a rape, by several shufling and irregular practices, got off without tryall. (10) Further information has been given of a jury, who not agreeing upon the verdict in a cause which they were charged with, determined themselves by hustle cap. (11) Appeals have not been granted from sentences in Courts in Pensylvania to his Majesty in Council here, particularly in the case of Thomas Byfeild against John King. (12) The Deputy Governor left by Mr. Penn is not qualified by H.M.'s approbation or otherwise, as requisite by law; nor has Mr. Penn ever given security for any Deputy Governour, as directed by the address of the House of Lords of March 18, 1696. [C.O. 5, 1289. pp. 431–435.]
April 16. 343. Memorial of Henry Adderley and Charles Lodwick, merchants in London, on behalf of Col. Bayard, etc. It is needless to remind your Lordships of the great hardships which Col. Bayard was exposed to during the time that Jacob Leyslaer took upon him the government of New York, how he was imprisoned, kept in irons and exposed as a show, and carried about in a chair at the pleasure and for the diversion of a tumultuary mob, to the great danger of his life, and how he was robbed of a great part of his estate, upon a groundless pretence that he was disaffected to the interest of the late King, when he was known to be a zealous Protestant, and gave advice to turn all the Papists out of their posts, the better to forward the Revolution there, only desiring that the Protestants then in the Government might be continued in the exercise thereof, for the publick peace, till orders should come from England. Your Lordships have been also informed of the hardships he hath met with since, which forced him to make his retreat to England, where he had your Lordships' direction to return home, with a promise of protection against the like inconveniences for the future. Yet since the death of the late Governour, the old ferment is renewed to a greater degree than ever, through the encouragement given to the factions by one Atwood, Chief Justice, and one Weaver, Collector. Quote Enclosure V. Having thus prepared their party, and to continue their power to oppress such as were the objects of their malice, they prevailed with the Lt.-Gov. to call an Assembly, resolving beforehand to use all their cunning to get them rightly modelled to serve their purposes. And therefore when they perceived that a return was made of ten members who were not of their party, after they had chosen an Alien for their Speaker, they expelled two upon pretence of non-residency in the places for which they were returned, and the other eight who with those two objected against the Speaker as not being a denizen, were also expelled, upon pretence of their not giving their attendance, which they could not do, for the reasons assigned in their Petition (No. XI. infra), and the votes of Assembly, Aug, 20, 1701. Then having directed writs to make new Elections in place of the expelled members, they proceeded to do business as a House, although they were but eleven in number (their Speaker included) and continued to consist of that number only from Aug. 22—Sept. 15, and passed several Bill in that time. On Sept. 13 three new elected members appeared but refused to act for the reasons mentioned in their Remonstrance (No. XII.), for which they were likewise expelled the House, and ordered to be prosecuted by the Attorney General. Those things with the other arbitrary proceedings of the House mentioned in their votes, and the largesses to the Lt.-Gov. and Justice Atwood to keep them firm to their party, did so alarm the wealthy merchants, and other honest English-spirited men in the Province that they prepared three Addresses, one to the King, one to the Parliament, and one to my Lord Cornbury, setting forth their grievances. The Council getting notice thereof, were so nettled thereat, that Col. Bayard with his son, and one Capt. Hutchins, were summoned to give an account of those Addresses, and the two first were bound in recognizances of 1,500l. each to answer to an indictment to be filed against them in the Supreme Court, and Capt. Hutchins was committed for not producing those Addresses. Then Col. Bayard, Rip Van Dam, Philip French and Thomas Wenham addressed the Lt.-Gov. and Council, praying that Capt. Hutchins might be sett at liberty, if they had no other thing to charge him with then his not producing the Addresses, because they were not in his custody, but in theirs, and they hoped to make good the legality of them (No. II.) which so heightened the displeasure of the Council (having construed some words of the said Address in the worst sense) that Col. Bayard was committed for High Treason, and orders given to the City Militia to keep guard, and to relieve one another by Companies, above his chamber in the prison, to prevent a rescue, and those guards were continued at the time our last letters were dated. The other three, which joined with Col. Bayard in the Address, had first three days time given them, then six more, to produce copies of the said Addresses, and at last were told that orders should be given to the Attorney General to prosecute them. After this, the Council ordered a Proclamation, to quiet the minds of the people, who were much disturbed at those proceedings, that so they might with the greater security proceed to the intended tryal, and (as we believe) execution of Col. Bayard. But this Proclamation was suppressed upon the arrival of a ship from England with an account that my Lord Cornbury was ready to sail in a few dayes, concerning whom they constantly affirmed that he would never come over Governour. Since the arrival of this ship, they talk no more of a Special Court to try the prisoners. Yet considering the directions we have received from Col. Bayard, and other Gentlemen in the Province, and not knowing what accidents may happen to my Lord Cornbury by the way, and that Col. Bayard [is] apprehensive of the most cruel effects of rage against his person, we have laid this Memorial before your Lordships, humbly entreating you would speedily put a stop to those violent and unaccountable proceedings, which are carried on purely to qualifie the revenge of a restless faction.
We presume likewise to acquaint your Lordships of the damage done to us in our Commerce with those men, and our other Correspondents, who dare not keep or answer our letters, lest they should fall into the hands of their enemies, and be misconstrued to their hurt (No. VII.). Of those "treasonable" addresses, we could get no copies for the reasons mentioned (No. VII). The Attorney General can find no treason in subjects addressing for relief of grievances, for which he is out of favor, and threatened to be suspended. And we hope that your Lops. will find nothing in those Addresses inconsistent with the duty of loyal subjects, but will perceive that the people's oppressions have been insupportable, and their enemies' malice insatiable. Pray for speedy relief. Endorsed, Recd. Read April 16, 1702. 3 closely written pp. Enclosed,
343. i. Copy of Minutes of Council of New York, Jan. 16 and 19, 170½. (Copy of warrant for the commitment of John Hutchins.) Endorsed, Recd. from Mr. Adderley and Mr. Lodwick. Recd. April 16, 1702. 2 pp.
343. ii. Copy of Address of Nicholas Bayard, Rip Van Dam, Phillip French, and Thomas Wenham, on behalf of themselves and some of the Freeholders and Inhabitants of New York, to the Lt.-Gov. and Council of New York. Whereas by a Mittimus, Jan. 19, Alderman Hutchins stands committed for signing of libells said to be against the administration of the Government, which pretended libells we understand to be an Address to H.M., another to the Parliament, and another to my Lord Cornbury whom we understand by certain advice we have received from England to be nominated by H.M. to succeed the late Earl of Bellomont as our Governor, copies of which (by said Mittimus) wee find are expected from said Hutchins, and is part of his charge in the commitment the copies of which originals (being in our hands or custody) he cannot deliver them, if there be noe further crime to be alledged against him, we hope to make good the legality of the said Addresses, and pray that the said Hutchins may be released from his imprisonment, or be admitted to bayle. Same endorsement. ¾ p.
343. iii. Copy of a warrant for the Commitment of Col. Bayard Quotes Act of 1691, for quieting the disorders of the Province, and for securing H.M. Government against the like disorders for the future, whereby it is enacted that whatsoever person shall by any manner of way endeavour by force of arms, or otherwise, to disturb the peace, good and quiet of H.M. Government, shall be deemed Rebells and Traytors unto their Majesties Notwithstanding which, Col. Bayard, as has appeare by the oaths of several persons examined before us in Council, by conspiracy and combination with John Hutchins, lately committed by us, together with several others, persons disaffected to this H.M. Government to the manifest disturbance of the peace of the same by divers indirect practices hath drawn in souldiers and others to sign scandalous libells, whereby they have endeavoured to render the past and present Administration vile and cheap in the eyes of the people, and the said Col. Bayard hath invited the people to disown the present authority, and cast off H.M. Government as it is now established, the Council hath unanimously thought fit and doe resolve that he be committed for High Treason. Warrant to Isaac D. Riemer, High Sheriff of New York, to take him into custody. Fort William Henry, Jan. 21, 170½. Signed, John Nanfan, A. D. Peyster, S. Staats, R. Walters, T. Weaver, W. Atwood. Same endorsement. 1¾ pp.
343. iv. Copy of Act for quieting disorders of New York, cited above. Same endorsement. 1¼ pp.
343. v. Thomas Wenham and Phillip French to Col. Charles. Lodwick and others. New York, Jan. 28, 1701 (1702). Enclosed comes our Address to H.M. on behalf of ourselves and the greatest number of the Inhabitants of this City. We have been miserably misrepresented, and have felt the sad effects of it for some years past, all our complaints being rendered ineffectual by one meanes or other, and notwithstanding our great hopes of an end to this misery by the death of the Earl of Bellomont, we find ourselves disappointed, Mr. Weaver, and Mr. Atwood giving new life to the languishing faction. Our Chief Justice [Atwood] has been soe much exasperated and whetted with the reports about the discords between the two Houses, that he gave forth many railing accusations against the Parliament, and some particular Members thereof, saying that a reconciliation was utterly incompatible, and that my Lord Cornbury would never come over, and we having framed an Address to H.M., and another to my Lord Cornbury to be presented him on his arrivall, in the getting of names thereto, it happened to be discovered, and before ever he could come to the knowledge of the contents thereof, he gave it for Law to be High Treason, by virtue of an Act of Assembly of this Province, by which meanes the greatest and richest part of H.M. subjects were put in great terror; Col. Nicholas Bayard and Lt. John Hutchins were committed to close prison, charged with Treason for procuring names to the Addresses, the City Militia called to arms by beat of drum to guard the prison, and continual distraining every day of the inhabitants that were absent from the guard. Capt. Theobalds has laid down his Commission on this occasion. Great number of the people were had up every day for some time, many whereof were drawn in by threats and otherwise to make discovery upon oath against themselves and others, which practice was very violent, untill some of us stept in, and presented a Memorial unto the L.G. and Council owning the Addresses in our custody, but refusing to discover them untill they should be presented to H.M. We were from time to time threatened with close imprisonment, if we did not deliver them up. But the arrival of Capt. Bond from London, Jan. 24, has, as we suppose, made them more moderate. Soe the Attorney General, who was almost suspended for giving his opinion against these violent proceedings in this matter under his hand, was ordered to prosecute us. Bayard and Hutchins continued still in close prison. Now the Judge talks noe more of his special Court, nor of the taking of the Ringleaders and Authors of these Addresses. We are extremely grieved to find such men come out from England in such employments, to prove blemishes to so good, so great and illustrious a Prince. We dare not at present adventure to send you over copies of particulars, the stream his [sic] lately threatned soe much. Signed, Phillip French, Tho. Wenham. Same endorsement. Copy. 1¾ pp.
343. vi. Col. Nicholas Bayard to Henry Adderley and Col. Charles Lodwick. I suppose, Gentlemen, you have by this vessel from some of my friends a full account in what manner our former unhappy breaches and divisions in this Province are of late broken out to a more violent degree and flame than ever, occasioned by meanes of three Addresses, lately signed by a number of the Freeholders and Inhabitants of this Province. They were signed by most all the Chief Merchants and principal Inhabitants that are in opposition against the Leislerian parties, and wee had for soe doing the best advice and Council of the experienced Lawyers we have amongst us. But soe it is, that our Lt.-Gov. and Council haveing discovered that such a matter was in hand were extremely concerned and disgusted at it, and thereupon used all the meanes possible to get the same seized on, or to procure the copies of them, but the papers being timely secured to prevent any false construction that might be made upon any of the words, since Judge Atwood termed it sedition and rebellion, one Capt. John Hutchins with myself and son were called upon it before the Governor and Council, and after some hearings Hutchins committed to gaol for Treason, without bayle to be admitted until he should produce the copies of the Addresses, which they were pleased to call libells; myself and son were both of us bound over by recognizance, each of us in 1,000l. with 500l. surety, to appear at the next Superior Court in April terme to answer an Indictment on Information then and there to be exhibited against us. These proceedings startled and vexed all the Gentlemen that had signed these Addresses to a very great degree, and some of them told the Governor and Judge, as opportunity offer'd, that they had signed those Addresses, and would maintain it to be their right and liberty as free-born subjects soe to doe. And it being considered by them that Capt. Hutchins was to be admitted to bayle if he produced the copies, which he could not doe, he having kept none, myself was thereupon perswaded, together with Phillip French, Rip Van Dam, and Capt. Thomas Wenham to address the Governor and Council, which accordingly was done in his behalfe, owning that the copies of the said Addresses were in our custodies, etc., whereupon I myself was committed for High Treason, and my other three Companions, time allowed them for six dayes to consider, and then to produce the said copies upon paine of imprisonment. I observed by what I was charged with before the Governor and Council, that my chief crime was grounded for addressing the Lord Cornbury (who I was told was not to come over for our Governor) which was a disowning of the present authority, and casting off H.M. Government as it is now establisht. The third day after my commitment, Capt. Bond happily arrived, who brought us the comfortable news that my Lord Cornbury was ready to come out for this Government at his sayling from England. And I understand since that my other three Companions, upon their last hearing two dayes since, who, persisting in their refusal of producing the copies, were only bound over to be prosecuted by the Attorney General, and that the Attorney General has given it under his hand to the Governor and Council, that for what he had seen sworn against myselfe, he found noe ground or cause of commitment. A whole Company of Militia guards our Prison day and night, I suppose to give some colour as if there was great danger of a rescue. Gentlemen, by these proceedings my friends may perceive in what manner the envy of the Leislerian party, being now in the seat of Government here, have prevailed against me, to have that Act of Assembly twisted and strayned, contrary to the true intent, genius, or meaning of it, and only contrived to cut me off, which I'm sure they'l pursue for to effect to the very utmost if possible; I having been all along, as is well known, the principall object of their malice, and chiefly marked out by them for destruction, God forgive them. As for myself, I am not conscious of any guilt or crime in the matter, being confirmed therein by all the Councill I yet have met with, and perticularly by that Act of Parliament, anno primo W.&M., declaring the rights and liberties of the subjects, it is declared that it is the right of the subjects to petition the King, and all commitments and prosecutions for such petitioning are illega I thank God for his gracious support and assistance in an extraordinary manner; and though it shall please Providence to suffer mee to be made a sacrifice to their cankered envy and hatred, I shall always endeavour to submit, etc. Signed, N. Bayard. From the Gaol in New York, Jan. 28, 170½. Same endorsement. Copy. 3 pp.
343. vii. Samuel Bayard to Henry Adderley and Col. Charles Lodwick. The son of Nicholas Bayard gives an account of events described in preceding, adding:—"Not above a day after the prisoners were in custody the Judge and several others moved for a Special Court to make an end of the work begun, whereupon many of the chief merchants intended to quit the town, but it pleased God that the same time as the Council was sitting (as I have reason to believe to order a Special Court) that Capt. Bond arrived, when the River was full of eyes with the news of my Lord Cornbury's intentions to follow him within a weeke, which news I believe has been the saving of many a man's life, for noe Special Court is more talkt of, nor the other three Gentlemen any further molested. Jan. 28. Having a day's time, I have received the enclosed out of gaol, wherein I find father's information [above] is not perfect, for the three Gentlemen were at first three days' time given to produce the copies, and, after that, six days longer, and then not bound over, but only told that orders should be given to the Attorney General to prosecute them, when he had already before declared under his hand his dislike to all their proceedings, and altho' the envy of his enemies are boundless, nevertheless, if Judge Atwood and Mr. Weaver had not drawn in the rest, wee had not been in this condition. Exceeding great and arly [? early or hourly] pains has been taken to engage Lawyers to prosecute the Prisoners, but cannot hear of any that will be concerned in any manner of way; even the Judge's son has taken a fee for the Prisoners. I have been told by Gentlemen who have discoursed the Judge concerning the Mittimus's, and the construction he puts on the words "inciteing the people to disown the present authority and cast off H.M. Government" is the Addresse to my Lord Cornbury, and that he has incited the other three Gentlemen to sign the enclosed petition to the Governor, wherein, according to his constructions, they disown the present authority in these words "who we understand by certaine advice we have received from England to bee nominated by H.M. to succeed the late Earl of Bellomont as our Governour."
As for the signing of the soldiers, only Capt. Matthews and two Serjeants, Cravence and Richardson, subscribed the Addresses in presence of father and myselfe at the Coffee-house, the two first are freemen and innkeepers in this City, and the latter lives and pays his rents for a house in Towne, who all came in of their own accord or perhaps being spoke to by any of the rest that had subscribed, but never discoursed or sent for or inticed by either father or myselfe. The Proclamation is published, but not fixed up nor to be had at the Printers I cannot answer any of yours received by Bond, for I dare not keep any letters or papers in the house, for fear of having the same seized and construed to your prejudice. Signed, Saml. Bayard. Same endorsement. 3¾ pp.
343. viii. Samuel Bayard to Henry Adderley and Col. Lodwick. I crave you for God sake to be stirring in this our misfortune, and if thought feazable by you to address H.M., setting forth the burthens we live under for addressing him, etc. Signed, Sam. Bayard. P.S. Before signing the Addresses we had not only the advice of the most experienced Lawyers amongst us, but also the concurrence of three of the present Members of Council, Schuÿler, Levingston, a and Smith, the two first by subscribing the same, with all the Justices of the Peace of Albany except the Mayor and Recorder, who are of the Governor's appointment, some of the Justices of the Peace of the Counties of Richmond, Westchester, Suffolke, and Oringe, with all or nearly all the 16 descenting Assemblymen duly elected for the present Assembly. N. Yorke, Jan. 29, 170½. Copy. 1 p.
343. ix. Copy of Address of the English, French and principle Dutch Protestant Inhabitants of the City of New York to the King. We, your Majesty's most loyal and obedient subjects of the Province of New York, having certaine advice that the King of France hath against your Majestie's undoubted right publickly proclaimed in the Kingdom of France the pretended Prince of Wales to be King of England, Scotland and Ireland, do with hearts full of just concern and steady resolution humbly pray your Sacred Majestie will confide in our repeated assurances to persevere in our duty and affection to your Royal person and Government, notwithstanding the many false Representations have been made of us. And when we shall receive advice that your Majesty has proclaimed war with France or any other your Majesty's enemies, we do assure your Majestie we will endeavour to the utmost of our power to support your interest and honor, as we have done in all the last war, and will chearfully undertake the burthen and fatigue of a new one, etc. Signed, Hendrick Metselaw, Wm. Moss, Wm. Robinson, Geo. Stanton, B. Bayard, Richd. Overin, Saml. Loveridg, Jno. Scott, Robt. Watts, Will. Glenero, W. Janeway, John Daly, Wm. Haywood, Henry Howse, Joseph Arrosmith, Tho. Ellison, Peter Morin, David Lyell, Robt. L. Hooper, Joseph Mallinson, Antoney Farmer, Robt. White, Barth. Le Roux, James Bayard, John White, James Wells, Jno. Tuder, jnr., Robt. Lurting, Robt. Anderson, Jno. Crooke, Jos. Wright, Wm. Huddleston, Wm. Teller, Jno. Shepperd, Jan Vinsent, Jno. Finch, Wm. Digges, Danl. Maddin, Anth. Yealloton, Jos. Cleator, Ebenezer Willson, W. Cortland, Francis Vincent, Rip Van Dam, Wm. Smith, Danl. Crommeline, Thos. Davenport, Robt. Skelton, Thennis Dekey, Peter Baunel, Giles Gaudmeau, Lawrence Read, Elias Boudinet, Andrew Stucke, P. White, Wm. Chisnall, Johannes Kip, Jno. French, Tho. Worden, Francois Hullin, Benja. Aske, Ov. Swieten, Saml. Bayard, Matthew Ling, Nathl. Marston, Benja. Fanuel, Richd. Willett, Thos. Burroughs, Stephen Lanney, Will. Morris, Jeremiah Tashill, C. Wolley, John Cholwell, Phill. French, Saml. Bartt, Augustus Lucar, Jno. Ellison, Saml. Vetch, Thos. Wenham, J. Jansen, Paul Droillet, David Jamison, John Corbett, Wm. Anderson, Augustus Jay, Louis Carre, Johannes Cortlandt, John Barbarie, Michll. Handon, Peter Lackman, Caleb Cooper, Walter Thong. Same endorsement. 1 large p.
343. x. Copy of a Proclamation for quieting the minds of the people. New York, Jan. 24, 170½. Signed, John Nanfan. Same endorsement. 1 p.
343. xi. Petition of Ten Members of the Assembly of New York to the House of Commons. Since the death of the Earl of Bellomont, the Lt.-Governor by advice of the Council did call a General Assembly, to which the subscribed were returned for their respective precincts and counties. The Town of Westchester, chiefly (of) English inhabitants, had no writ directed to them [though] they are entitled to have a member to represent them by Charter. The number of Representatives returned is in all 21, who in choosing a Speaker were divided, and by one voice the choice fell on Abraham Gouvernour, who, being presented to the Lieut.-Governor, was appro[ved]. Amongst other things, the Lt.-Gov. recommended to the House to proceed upon the King's service without heat or animositys, but to the contrary, some of the members of foreign extraction, so soon as we were returned to the House, moved that it might be put to the vote to throw out two of us, being principle Freeholders and inhabitants of their respective Counties on colour of non-residency, without any complaint exhibited in writing or otherwise by any person pretending to be injured in the Election, or Sherriff's return, or of any of the Freeholders interested in these Counties, which unjust and irregular proceeding we cannot but judge to proceed from some corrupt private design, and being conscious to themselves of their own disability. And enquiring further into the causes of these measures, we found the Speaker to be an Alien, neither deniziz'd, naturaliz'd, nor in these Territories at the time of the surrender to the English Dominion. Petitioners objected his inability to serve in that station to the House, humbly supposing whatever Act should passe would be void, and so render us altogether unserviceable both to the King and our Country, which being violently opposed by an equal number (whereby it could receive no decision) we thought it out duty to attend the Lt.-Gov. and acquaint him therewith, which we accordingly did. Notwithstanding this the ten other members with the alien Speaker have proceeded to sit and act without us, and the better to effect their sinister ends have voted some of your Petitioners to be expelled without any just or legal cause, and give us apparent reason to apprehend they will proceed to take other methods suitable to their aversion to the publick English interest, and greatly prejudicial and destructive to the rights, liberties and proppertys of the inhabitants of these parts, all which we are informed are against the English laws and common right, which we humbly offer to the consideration of this Honorble. House, praying we may have such relief as is agreable to your great justice, etc. Signed, K. V. Renselaer, Mathew Howell, Joseph Purdy, W. Nicoll, Danl. Whitehead, J. Abeel, Dirck Wessells, M. Schuyler, John Drake, John Jackson. Same endorsement. 2 pp.
343. xii. Copy of Remonstrance of Thomas Willett, John Talman and William Willett to the Assembly of New York. Sept. 13, 1701. We being elected in Queen's County in the room of others to serve in this General Assembly, doe give our attendance, and having taken the oath, Test and Association, to testifye our readinesse and zeale for the service of H.M. most sacred Majesty and our country. The complaints and clamours of the people are so great that we think it very necessary and meete before wee proceede to act with you, that wee and the people whom we represent have full satisfaction that you are a house legally and rightly constituted, without which it can never be expected that we can safely proceed, nor the people give their cheerful obedience and think our acts binding. And that wee may not be wanting in our duty in this respect to His most sacred Majesty and our Country, wee presume, Gentlemen, to acquaint you that it is the common report of the people and wee are credibly informed, that some of you have used very indirect and unwarrantable meanes to procure yourselves to be elected and returned as Members of the Assembly. And that on Aug. 20 last, the House consisting of 21 persons, whereof the Speaker was one, ten of the number did in the House challenge the Speaker to be unqualified, for being an alien, and afterwards did represent the same to the Governor, which they have also given under their hands, upon which head the House being equally divided could give no decision. It appears by your votes that some of you, with the Speaker thus circumstanced, have proceeded to act, and to strengthen your number have voted out some of the other tenn, and taken in two others in their roome, who are said not to be elected by the people, and that you are preparing to make a Bill to deprive many of H.M. English subjects from their native right of voting for Assemblymen and the people in each respective County from chusing persons to examine their own publick debts, all which are against the rights and priviledges of H.M. freeborne English subjects and the Laws of England and this Province. And so, Gentlemen, we are humbly of opinion that all the above-mentioned Articles are not for H.M. service, nor the well-faire of this Province, but absolutely destructive to the same, and till you give us further satisfaction and the Speaker clear himself from being an Alien, we cannot act with you, to sit and spend our time, and the country's money to make Acts that will be void in themselves. Signed, Tho. Willett, Jno. Talman, Wm. Willett. Same endorsement. 2 pp. [C.O. 5, 1047. Nos. 39, 39.i.–xii.; and (without enclosures), 5, 1119. pp. 82–91.]
April 16.
344. George Larkin to the Council of Trade and Plantations. I was obliged, for want of the conveniency of a passage to any part of the West Indies in the severity of the winter, to return from Virginia to New York by land, where I had the oppertunity of being present at the trial of Col. Byard. The proceedings against him seemed to me to be very extraordinary, which has created a strange confusion in that Province, and I am afraid will be the ruin and destruction of the prettiest settlement upon the continent of America, if some speedy care be not taken at home for putting a period to the unhappy differences betwixt the two parties. It can never be done there, for it's the interest of a Governor rather to foment then reconcile such animosities, and he is soon made sensible of it. I arrived here on the 6th, having settled the forms of proceedings with the Commissioners and done what else is necessary for the holding of Admiralty Courts. Here are no pirates at present in custody, and I cannot learn that there has been any lately upon this coast, and now I only wait the opportunity of a passage to Antego. Here is an account that the Sun prize, whereof one — Briscoe was Commander, took some pirates off of the coast of Guinea, and released them for 20 negroes a-piece, and at Cape Mountserado they carried off 20 negroes for which nine white men are seized. I humbly take leave to lay before your Lordships a copy of a Memorial delivered to the President and Council of this Island, by Capt. Bertie, Commander of H.M.S. Betty, which is but one of a great many hazards I have undergone in this service, which I hope you will be pleased to take into consideration. Signed, Geo. Larkin. Endorsed, Recd. June 29, Read July 22, 1702. 1½ pp. Enclosed,
344. i. Memorial of the Hon. Peregrin Bertie, Commander of H.M.S. Betty now in Carlisle Bay, to the President and Council of Barbados, April 13, 1702. On March 31, 1702, Capt. Bertie espying the sloop Friendship, Thomas Balgay Master, at sea, sent his pinnace to know from whence she came, and being informed that she was loaded with French sugars put aboard at Dominico by Frenchmen in French sloops from Martineque, ordered his officers to go on board and detain her from landing any of her goods or delivering of any papers until information given to the President and Council of Barbados. Soon after the sloop coming to an anchor, some persons interested in the sugars, showed Capt. Bertie a permit signed by one Samuel Cox, one of the Commissioners of Customs for this Island, to unload the sugars on board her, and within some few hours afterwards Cox coming on board with Jacob Stephens, one of the waiters belonging to the Customs, ordered Stephens to seize the sloop and to fix the broad arrow thereon, since which seizures the said sugars are unloaded and the ship set at liberty without any prosecution ordered by Cox.
On April 6, Capt. Bertie espying another vessel at sea which proved to be the Margt. sloop from New York, sent his longboat and pinnace to know from whence she came, but before either of the boats could get aboard the sloop, Mr. Cox went off in a small boat and rowed by the vessel, and bade the Master make the best of his way and not take notice of the man-of-war; that the Capt. would ask him to see his papers, but to shew him none. Capt. Bertie observing that the sloop took no notice of H.M. colours or of the boats coming towards him, fired a shot to bring him to, which grazing astern had almost accidentally taken off Mr. Larkin, a passenger. Of what ill consequence things of this nature, besides the diminution of that honour and respect that's due from all ships coming into any of H.M. ports, Peregrine Bertie doth present to the President and Council of this Island, to do therein according to their wisdom and judgment, being obliged speedily to depart this Island. Signed, Per. Bertie. Endorsed, Recd. June 29, Read July 22, 1702. 1¾ pp. [C.O. 28, 6. Nos. 52, 52.i.; and 29, 8. pp. 110–116.]
April 16.
345. Journal of Council of Trade and Plantations. Mr. Lodwick and Mr. Adderly presented several papers in behalf of Col. Bayard, and were appointed to call on Wednesday, in order to the taking the same into consideration. Mr. Champante to have notice to attend also.
Further progress made in the Representation upon the state of defence of the Plantations.
April 17. The above Representation and a Representation upon the Address of the House of Commons relating to the 4½ per cent. signed.
April 18. Ordered that Mr. Adderly and Mr. Lodwick be desired to lay before their Lordships a copy of the Address mentioned in their late memorial from some of the inhabitants of New York to the Lord Cornbury.
Letter to Lord Cornbury ordered to be prepared desiring him to send an account of the state of the masts and timber provided by Lord Bellomont at New York for the service of H.M. Navy, and that he acquaint the Navy Board how they may be best sent for England in order to their directions thereupon. [C.O. 391, 14. pp. 413–418; and 391, 96. Nos. 67–69.]
April 17.
St. James's.
346. Order of Queen in Council. Ordered that the Council of Trade and Plantations do make a further report to H.M. upon the Address of the House of Commons for applying the duty of 4½ per cent., arising in the Charibbee Islands, towards the fortifications and other publick services within the said Islands. Signed, Edward Southwell. Endorsed, Recd. Read April 24, 1702. ¾ p. [C.O. 28, 6. No. 53; and 29, 8. pp. 5, 6.]
April 17.
St. James's.
347. Order of Queen in Council. This day the several Proprietors of East and West New Jersey in America did in person present a deed of surrender by them executed to H.M. in Council, and did humbly desire H.M. to accept the same that it might be enrolled in the Court of Chancery, whereby they did surrender their power of the Government of those Plantations, which H.M. graciously accepted, and was pleased to order, as it is hereby ordered that the same be enrolled in H.M. said High Court of Chancery, and the said Instruments are to be delivered to Mr. Attorney General, who is to take care that the same be enrolled accordingly. Signed, John Povey. Endorsed, Recd. Read May 28, 1702. ¾ p. [C.O. 5, 1261. No. 82; and 5, 1290. pp. 11, 12.]
April 17. 348. Council of Trade and Plantations to the Queen. Repeats state of defence of the Plantations represented to the King Jan. 24, with additions arising from letters since received. Newfoundland. We are humbly of opinion that 100 firelocks be sent by the first ships, with powder and ball, to be delivered out by the Storekeeper in exchange for those that are unserviceable. Massachusetts Bay. Refer to Reports of Col. Romer, etc., and Addresses of Assembly given Cal. 1701. Upon which we humbly offer that your Majesty would be pleased to send thither some cannon and such a quantity of the small arms demanded as your Majesty may think fit, with the Governor appointed for that Province, your Majesty having already by your Instructions directed him strictly to admonish and require the inhabitants to exert themselves as well in fortifying those parts as in providing what may be necessary in all respects for their further defence. With regard to Governor Dudley's proposal, we cannot think it advisable in the present conjuncture to weaken the Province of New York by drawing any of the soldiers from thence, but that it would be for your Majesty's service that 150 men with a good Commander and subordinate officers, who may assist the inhabitants in the defence of those parts and instruct them in the use of arms, be sent to New England, according to the proposal of Col. Romer and the desire of Col. Dudley.
Connecticut being likewise a frontier province to the French, and Rhode Island a considerable Colony with a good Port and Harbours, and the inhabitants of both those Colonies having been negligent of their own security, we humbly offer that your Majesty would direct them to make due preparations against an attack, and to be ready to assist their neighbours of New York and New England.
No part of the 2,000l., ordered by His late Majesty to be remitted to New York for the fortification of Albany and Schenectady, having been yet issued, we humbly offer that your Majesty would give such effectual orders to the Lords Commissioners of the Treasury, that the money be speedily remitted for that service, which we conceive to be absolutely necessary in this juncture. Repeat information as to the Fort in the Onnondage Country and the matter of the Quota [see Cal. 1701].
Upon your Majesty's taking the Jerseys into your hands, fitting care may be taken for the security of those parts, which under the present circumstances cannot be duly provided for. Pennsylvania is likewise without fortifications and in no state of defence, nor has any progress been made therein by the Proprietor, notwithstanding his promises and our frequent instances to him on that subject, but we have again called upon him in order thereunto, and are expecting his answer. In Maryland is a Militia well-regulated and armed, Magazines built for stores and places of rendezvous appointed for any occasion, and the Governor having lately prevailed with the Assembly to pass an Act obliging every planter to give a gun to his manservant when free, the whole country by that means will probably in a little time be completely armed. As to Virginia, the Governor has informed us that he found the Militia in a very ill condition, with relation to arms and stores of war. The Horse, consisting of 2,143, and the dragoons of 1,985, lack 3,000 case of pistols and 3,500 carabines. The Foot consisting of 4,971, lack 500 firelocks. And for the whole are wanting 5,000 swords besides powder and ball, with all materials for fireworks and fitting up of fire-ships, together with some hand-mortars and granadoes suitable for them, as also that two firemasters be sent. 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 order the arms and stores above-mentioned, or such part of them as may be provided out of your Majesty's Office of Ordnance, as likewise 100 barrels of powder and ball for small arms, to be sent to the Governor, to be delivered out by him, as he shall see occasion, and that he be directed to take the best care he can, as they shall be delivered out, that the Office of Ordnance be reimbursed the charge, and that the said arms be not embezzled, but kept in good order by those to whom they shall be delivered. It would very much conduce to your Majesty'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 Majesty shall send from time to time.
The Provinces both of Maryland and Virginia (being large territories and lying open by great Rivers) cannot be secured by fortifications, and are therefore no ways able to defend themselves against an attempt of an enemy by sea, unless it shall please your Majesty to send a sufficient squadron to cruize in those parts from the beginning of April to the end of October (the time of the greatest danger), which we humbly conceive will in like manner be a security to the rest of your Majesty's Colonies on the Continent and Islands adjacent.
North and South Carolina are under Proprietors, who do not take due care to put that country into a state of defence, notwithstanding their being so exposed by the neighbourhood of the Spaniards. We therefore judge it necessary to the publick service that the said Proprietors be quickened by an immediate order from your Majesty to perform their duty therein. The Bahama Islands lying before the Gulf of Florida, and in the way of all ships that come from the Havana, and the Bay of Mexico, it is of great consequence to your Majesty's service that they be preserved from an enemy. Governor Haskett desired some force to keep the fort there. We are humbly of opinion that the Proprietors should take care in this matter, and that your Majesty would be pleased to signify your directions to them accordingly. And Governor Haskett having been since seized by the people, the Proprietors should be directed to take due care about sending another who may have your Majesty's approbation, as by Law is requisite. The Bermuda Islands we hope by Capt. Bennett's care and the arrival of the Stores lately sent, and the Company of Foot which your Majesty has there, may be in a good state of defence. Jamaica. See Jan. 25. Leeward Islands. Col. Codrington's reports are given and his demands for guns, etc., are recommended. Barbados. See Jan. 24. We humbly offer our opinion that such a number of great guns as your Majesty may think convenient, together with a quantity of small arms and ammunition, whereof we are daily expecting an account from the Agents of that Island, be speedily sent thither, which expence may be defrayed out of the 4½ per cent. arising in that Island; that such of the present Forts and Fortifications as may be most useful, be forthwith repaired under the direction of Commissioners to be appointed by the Governor and Council there, and that an able Engineer be sent from hence for that purpose; that magazines be built for the better preservation of powder and other Ordnance Stores, towards which your Majesty may be also pleased to allow a competent sum out of the said duty. And when these and other necessary and publick services, mentioned in the Act for granting that Duty to the Crown, shall be provided for, we further humbly offer that part of the said duty be likewise applied towards the building an Hospital for sick and wounded seamen, as has been desired by the said Agents. And whereas we have received a letter from the President and Council of that Island, wherein they humbly pray that in case of war a Regiment of Foot may be sent thither, we humbly submit that matter to your Majesty. Hudson's Bay, etc. See Jan. 24. As to the Proprieties concludes: we do humbly offer that for the present your Royal Letters be sent to the several Proprietors and Charter Governments, requiring them to put themselves into a posture of defence against an Enemy, from whence nevertheless, we cannot hope for a due compliance until those Colonies be connected to the Crown; and that all your Majesty's Governors be required by other Letters to take care that the Militia under their command be well armed and disciplined, and that the value of the arms to be delivered out of your Majesty's Stores in the Plantations from time to time be reimbursed to your Majesty by the persons to whom they shall be delivered. Signed, Stamford, Robt. Cecill, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior. [C.O. 324, 8. pp. 116–145.]
April 17.
349. Council of Trade and Plantations to the Queen. In obedience to your Majesty's commands signified to us by the Right Honourable Mr. Secretary Vernon upon an Address of the House of Commons, that the duty of 4½ per cent. in Barbados and the Leeward Islands may be applyed for the repairing and erecting fortifications and for such other publick uses for the safety of the said Island, as your Majesty shall direct; we have considered the same and thereupon humbly offer, that having by a report of the 24th of January last represented to his late Majesty the present state of Barbados in relation to its defence upon the information we had received on that subject from the Lord Grey or the Agents of the Island, by which it did appear that upon a strict survey of the fortifications made by his Lordship and Commissioners appointed for that purpose he found (in twenty-nine forts and batteries) three hundred and eight gunns of several sorts, of which fifty-eight only were serviceable, and that most of the forts and batteries were out of repair; upon which his Lordship having also consulted with the most experienced inhabitants of the island, offered his opinion, that such of the forts and batteries as may be most usefull be forthwith repaired, and that there be sent thither at least a hundred great gunns of twelve foot long, together with a suitable proportion of shot and all other ordnance stores needfull for them; adding that there is a want of small arms and shot; we therefore humbly repeat our opinion, that such a number of great gunns as your Majesty may think convenient together with a quantity of small arms and ammunition (whereof we are dayly expecting the particulars from the Agents of that Island) be speedily sent thither; and that this expence be defrayed out of the duty of 4½ per cent. arising there. The said Agents proposing also that the present forts and fortifications be forthwith repaired, we are humbly of opinion that the same be done under the direction of Commissioners to be appointed by the Governor and Council there; and that an able Engineer be sent from hence for that purpose; as likewise that magazeens be built for the better preservation of powder and other Ordnance stores, for which we humbly offer that your Majesty would be also pleased to allow a competent sum out of the said duty of 4½ per cent. As to the defence and security of the Leeward Islands, we humbly represent to your Majesty that there are divers forts and platforms in each of those Islands, and that several great gunns, carryages, repairs of fortifications and small arms are wanting (as in another representation we now lay before your Majesty) upon which we humbly offer that this duty of 4½ per cent. arising in those islands be applyed towards the performance of those services. And whereas we did represent to his late Majesty in our Report of the 29th Aprill last, that upon divers complaints relating to matters of Trade and Justice in the Plantations, we had observed that your Majesty's Governors receiving presents from the General Assemblies there dos render them precarious and too much dependent on the people; and having thereupon humbly proposed that the Governors of all the Plantations be forbid the receiving of any presents or gratuities, and that for the better enabling them to support the dignity of the Government, an addition be made to the salaries of some of them (where it may be needfull), we find reason to continue in the same opinion. And your Majesty being now graciously pleased to apply the whole duty of 4½ per cent. arising in Barbados and the Leeward Islands for the safety and publick uses of the said Islands (the neat proceed whereof in Barbados has one year with another amounted to about. 10,000l. sterling, and in the Leeward Islands to about 3,000l. sterling per annum) we humbly conceive that nothing can more conduce to the safety and welfare of those Islands, than that the Government there be so established that the Governors may not depend on the voluntary gifts and presents of the Assemblies for their maintenance; but that a sufficient salary be appointed for their support and the dignity of the Government without any other dependence than upon your Majesty. And whereas the salary of the Governor of Barbados at present is no more than twelve hundred pounds sterling per annum paid out of the 4½ per cent. arising there, which has been judged not sufficient for his support, provisions there being very dear and the way of living very expensive (upon which consideration the several Governors have been permitted to receive presents made them by the Assemblies) we do think it for the good of the Island, the interest of England in reference to Trade and the administration of Justice in those parts, that your Majesty be pleased to add the summ of 800l. sterling per annum to the present salary of the Governor of Barbados, out of the said duty of 4½ per cent; which together amounting to 2,000l. sterling may be a competent maintenance for him, and render him no longer dependent on the people there. And we humbly offer that your Majesty doe thereupon signify your express pleasure that no Governor, Lieutenant-Governor, Commander-in-Chief or President of the Council of Barbados for the time being, do hereafter receive any gift or present from the Assembly, and likewise that the Assembly do not make any such gift or present to him or any of them, upon any account whatsoever; except only that whereas there is no house appointed or set apart for your Majesty's Governor in Barbados, and that it has been customary for the Assembly to make a temporary assignment of a house for the residence of the Governour, or rent for the same, out of the publick levies; we are humbly of opinion that untill a house be built for the Governour, your Majesty may be graciously pleased to permit the Assembly to assign a house or rent for the same, not exceeding 300l. sterling per annum out of the levies to be made by them, and to allow the Governour to accept thereof, notwithstanding what has been before offered, provided always this be done at the first session of the Assembly after such Governour's arrival; and that it be continued by the said Act or order for the whole time of his government. And we doe thereupon humbly observe that the foresaid encrease of salary being supplyed by your Majesty out of the duty of 4½ per cent., the Assembly of Barbados will have an opportunity and be in a condition of applying those large sums, which they usually gave in presents by yearly levies to their Governours, towards the more speedy building an hospital for the reception and accommodation of sick and wounded seamen and soldiers, which the Agents of this Island have represented to us as necessary, and towards other publick uses, which may be of a lasting benefit to the Island. As to the Governours in the Leeward Islands, we likewise humbly represent to your Majesty, that the present salary of the Governour in Chief of those Islands arising out of the 4½ per cent. there being no more than 700l. sterling, the insufficiency of which salary has been the reason (as in Barbados) that the Governours have been permitted to receive presents from the General Assemblies of those Islands, which has rendered them likewise precarious; we think it for your Majesty's service that your Majesty be pleased to add the summe of 500l. sterling per annum to the present salary of the Governour in Chief of the Leeward Islands out of the duty of 4½ per cent. there, which together amounting to twelve hundred pounds sterling may be a competent maintenance for the said Governour and free him from any dependance on the people. And whereas beside the forementioned Governour in Cheif of all the Leeward Islands there are particular Lieutenant-Governours of each of the said Islands, vizt., of St. Christopher, Antego, Nevis, and Mount Serrat, who have no established salaries, we humbly conceive that if your Majesty would be pleased to appoint the sum of two hundred pounds sterling per annum to each of your Majesty's Lieutenant Governors in those Islands out of the said duty of 4½ per cent. or any other fund, it would likewise be for your Majesty's service and the interest of this Kingdom in point of Trade, and otherwise in freeing such Governours from their obligation to the Assemblies, and thereby enabling your Majesty to send from hence fit persons for those commands, without being obliged to make use of planters and merchants inhabiting there; whose business and private interest may too easily divert them from the due care necessary to the discharge of that trust. And we humbly offer that your Majesty would also thereupon signify your express pleasure, that no Governour, Lieut.-Governour, Commander-in-Chief or President do hereafter receive any gift or present from any of the Assemblies of the said Islands; and that no Assembly do make any such gift or present to any Governour, Lieutenant-Governour, Commander-in-Chief or President upon any account whatsoever, except only that the Governour in Chief and Lieutenant-Governours may be permitted to accept of a house, or rent for the same, from the severall Assemblys in the same manner and under fitting limitations as proposed for Barbados. By which means the severall Governours being thus provided for, we humbly conceive the Assemblies of these Islands will likewise have an opportunity of applying those sums, which they frequently give by publick levies to their Governours, towards the charge of fortifications, stores of warr and other publick uses. But this duty of 4½ per cent. in the Leeward Islands arising usually to no more than 3,000l. per annum, which same will not be sufficient to defray these expences and others that are continually necessary in this conjuncture, we humbly leave it to your Majesty's royall consideration by what other means and ways of supply the safety of those Islands, which are of so great importance, may be further provided for. And as we have humbly represented it to be for your Majesty's service that the salaries of the Governors of Barbados and the Leeward Islands being settled, those Governours may no longer be obliged to the Assemblys, but depend entirely upon your Majesty, we further offer that there being in Jamaica an establishment of 2,000l. per annum current money of that Island, arising from the revenue there, the same may be made up 2,000l. sterling, and that the like directions be given herein as in Barbados and the Leeward Islands. The salary of your Majesty's Governour of Virginia being 2,000l. sterling, and that of the Governour of Maryland being about 1,500l. sterling, we conceive those summs sufficient for the maintenance of those Governours [and] are humbly of opinion that the like directions be sent to those Colonies. And it seems to us no less expedient that the severall Governours and Lieut.-Governours of New England, New York, and Bermudas, and of such other Colonies as may come under your Majesty's immediate direction be liable to the same restrictions, as soon as sufficient salaries shall be established for their subsistance. Signed, Stamford, Robt. Cecill, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. [C.O. 29, 7. pp. 507–517.]
April 17.
New England.
350. Lt.-Gov. Partridge to the Council of Trade and Plantations. In obedience to your letter of Dec. 22, 1701, I have ordered the Secretary forthwith to transcribe all the Laws of this Province now in force here, which I shall send by the first convenient opportunity. Nothing since my last hath occurred here worthy your notice. H.M. good subjects, the inhabitants of this Province, doe with all humble gratitude acknowledge his great favour in appointing Col. Joseph Dudley to be our Governor, etc. Signed, Wm. Partridge. Endorsed, Recd. Read. July 6,1702. Holograph. 1 p. [C.O. 5, 862. No. 108; and 5, 910. pp. 224, 225.]
April 17. 351. Minutes of Council of New York. Ordered that a resolution of the Council in relation to Mr. Barnardus Freeman be communicated to him, and the several [? petitioners] in King's County.
April 18. Petition of Roger Baker read. Ordered that he be discharged from his imprisonment, first giving two securities to H.M. in 120l. for the payment of 120l. in six months.
Petition of Robert Sanders read, praying a patent to himself and Thomas Sanders, Johannis Bush, William Sharpas, and Joseph Cheator, for a tract of land in the County of Ulster, called by the Indians Oghgotocton, containing about 2,000 acres of profitable land besides wastes and woodland. Granted, and letters patents ordered to be prepared for the same under the quit-rent of 3l. 15s. 0d. per annum, provided that the same do not interfere with any patent land.
22l. 8s. 6d. paid to Isaac Deriemer for cloth and other things for the barge crew against the late Lord Bellomont's arrival from Boston.
The Indian from whom Robt. Sanders and others purchased land in the County of Ulster according to a licence of March 5, appeared and acknowledged that the soldiers had purchased the said land from her. The Widow Bayard also appeared with her son, and informed the Board that the said Indian had given the same to her son, but not producing a deed of gift or sale, ordered that the Patent be recorded and delivered to the owners, notwithstanding an Order of Council, April 13.
The Collector nominating John Groenendyck to receive for him the quit-rents arising to H.M. in the City and County of Albany, the said person was approved of.
This Board being informed that one Edward Burroughs hath spoken words reflecting not only against the Governor, but against the late Earl of Bellomont, ordered that a warrant issue to the High Sherriff of Queen's County to bring him in custody before the Board. [C.O. 5,1184. pp. 657–659.]
April 18.
352. William Popple to Henry Adderly and Charles Lodwick. The Lords Commissioners for Trade and Plantations, observing that amongst the papers which you have laid before them relating to the imprisonment of Col. Bayard and Mr. Hutchins in New York, there is no copy of the Address prepared by them or others to be presented to the Lord Cornbury upon his arrival in that Province, which appears by the perusal of the other papers to be very necessary to be considered in order to their judgment on that matter, desire you to let them have a copy. [C.O. 5, 1119. pp. 91, 92.]
April 18.
353. Mr. Burchett to Mr. Popple. Four ships being ordered to sail next month for the service of the Newfoundland Fishery, the Lord High Admiral desires to know what dispatches the Council of Trade and Plantations have to send, and whether they would please to have any alterations or additions to the Heads of Enquiry sent to the C. in C. of the last Convoy. Signed, J. Burchett. Endorsed, Recd. Read April 21, 1702. Addressed. 1 p. Enclosed.
353. i. Names of the four men-of-war bound to Newfoundland. ¼ p. [C.O. 194, 2. Nos. 72, 72.i.; and 195, 3. p. 73.]
April 18. 354. Minutes of Council of Virginia. Whereas some late advices from Europe give ground to believe that before this time H.M. hath declared war against France and that a further account thereof may be daily expected, and forasmuch as it is judged absolutely necessary for H.M. service that upon the first notice of a war being proclaimed, the General Assembly should meet in order to the putting this Colony in a posture of defence, H.E. and the New Council think fit to prorogue the General Assembly till May 13. Proclamation ordered accordingly. [C.O. 5, 1409. p. 209.]
April 20.
355. Henry Adderley and Charles Lodwick to William Popple. On Saturday last we received yours of 18th inst, as to the copies of those Addresses their Lordships desire. We have none, nor ever had any of either of them, as will appear by the copies of our letters from thence now before your Lordships. We humbly suppose that if any matter worthy the commitment be in any of those Addresses, the Gentlemen in the Government of New York have not bin so wanting to themselves as not to give their Lordships an account of it. Signed, Hen. Adderley, Charles Lodwick. Endorsed, Recd. Read April 22, 1702. 1 p. [C.O. 5, 1047. No. 40; and 5, 1119. p. 92.]
April 20. 356. Col. Quary to the Council of Trade and Plantations. By several letters received from Pennsylvania I have the following account: (1) That Anthony Morris, who as a Magistrate did give a warrant for the taking by force out of her Majesty's stores a parcell of prohibited goods which were under seizure, of which unlawful act an account being sent home to the Governour, Mr. Penn was ordered to turn the same Anthony Morris out of all offices and prosecute him for the crime. (2) That in obedience to his late Majesty's commands and the orders of this honourable Board, Mr. Penn did turn out the said Morris, to answer his turne for the present occasion, but hath now restored him again, and made him one of his chief magistrates. (3) That Mr. Penn hath in a late Charter granted to the people of his city of Philadelphia given to the Sheriffs almost all the powers of the Admiralty even to the Capes of the Bay under the pretence of Water Bayliffs. (4) That severall vessells being lately seized, for breach of the severall Acts of Parliament, the Government have in open contempt of the Admiralty brought the information against the said vessells into their Courts of Common Law. (5) That Mr. Penn hath commissioned his kinsman, one Parmiter, to be his Attorney General, who is convicted of felony, perjury and forgery, as may appear to your Lordships from the records of the city of Bristol. (6) That about three years since there was a Dedimus, under the Great Seal of England, sent to Pennsylvania, impowering Edward Randolph, John Moore, Jasper Yeates, John Hollwell, Edward Chilton, Esq., and myself, or any three of us, to administer the oaths to all such persons, which from time to time should take upon them the government of Pensylvania, and in case of our death or absence, then the Members of the Council together with the principal Officers of the Customes had power to administer the said oaths according to law; that the said Dedimus was carried to the Secretary, to have it recorded in his Office and is forcibly detained by the Government of Pensylvania from the said Commissioners on purpose to prevent them from executing the powers of the said Commission, and thereby persons have assumed the government without being qualified as the Law directs. (7) I do humbly propose that your Lordships will please to order that the Dedimus may be delivered to the Commissioners unto whom it is directed that so they may be enabled to obey his Majesty's commands, and answer the end of the Law. (8) That information hath been given to Coll. Hamilton now that the French are settling themselves on the back of Pensylvania about four days journey from New Castle, that one Lewis Lemoizin, a Frenchman, who has lived many years in Pensylvania and traded with the Indians, is run away to them with two Canada Indians that were sent as spys, to view the nakedness of that country; by which means the French will have the full knowledge of that country and its defenceless condition, which makes the inhabitants dread the consequence. Signed, Robt. Quary. Endorsed, Recd. Read April 20, 1702. 1¾ pp. [C.O. 5, 1261. No. 83; and 5, 1289. pp. 436–439.]
April 20.
357. Journal of Council of Trade and Plantations. Ordered that the Secretary write again to the Agents of Barbados for their answer for what has already been desired of them [April 4, q.v].
Col. Quary presented a Memorial which was read. Ordered that a copy be given to Mr. Penn.
Mr. Penn attending according to appointment, upon the complaints that lie before the Board, relating to irregular proceedings etc. in Pennsilvania, Col. Quary was also again called in. Then the abstract of Information [April 16] on that subject was read, article by article, unto each of which Mr. Penn gave some account of those transactions, and further promised to lay before the Board an answer to that and the aforesaid Memorial in writing. Ordered that Col. Quary have a copy of the said abstract.