America and West Indies: April 1702, 27-30

Pages 269-287

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

This free content was digitised by double rekeying and sponsored by the Arts and Humanities Research Council. All rights reserved.


April 1702

April 27. 381. Agents of Barbados to the Council of Trade and Plantations. Refer to enquiries concerning the need of small arms for Barbados, etc. We are of opinion that the Island may stand in need of a present supply of 1,200 fuzees slung, 600 pair of horse-pistols, with holsters, 600 horsemen's swords, 600 belts, 200 muskatoons, and a suitable proportion of bullets, flints and catuse [? cartouche] boxes for the firearms. Renew application for great guns and ordnance stores for them. We humbly hope your Lordships will represent this to H.M. in Council, as also that Her Majesty would be graciously pleased to give speedy orders for the repair of the fortifications, and that there may be sent thither 18 experienced Gunners. All which the Council and Assembly hope will be granted them upon account of 23,174l. 6s. 11d., which they disbursed for raising, victualling, accoutring and transporting two Regiments of Foot to Martinico in the late war. Signed, Wm. Bridges, Rob. Heysham, Fra. Eyles. Endorsed, Recd. Read April 28, 1702. 2 pp. Enclosed,
381. i. An account of the cost of the expedition under Capt. Fowkes against Martinico, as above. Copy. 1 p.
381. ii. An account of the Stores of war delivered out of the Magazine in Barbados for the use of H.M. ships of war and the service of the Leeward Islands in the late war. Signed by the Committee of Public Accounts, George Peerse, Wm. Heysham, George Lillington, Geo. Andrews, Richard Scott. Copy. 1 p. [C.O. 28, 6. Nos. 54, 54.i., ii.; and 29, 8. pp. 9–14.]
April 27.
382. William Popple to Sir Edward Northey, Attorney General. Enclosing for his opinion in point of law Acts of Barbados, May–Nov., 1701. Annexed,
382. i. List of Acts referred to above. [C.O. 29, 8. pp. 7–9.]
April 27.
383. Henry Adderley and Charles Lodwick to William Popple. We designed on Wensday next to have waited on you for her Majesties letter to the Government of New York, according to their Lordships' promise, but understanding the ship designed for New York her men are all prest from her, that we know not when she may go, and hearing the Governor of New England lies ready at the Isle of Wight, which will be the safest and likely the soonest oppertunity, we humbly pray that, if possible, we might have the letter by to-morrow night, to send down by the Post, men's lives being in danger makes us the more urgent. Signed, Hen. Adderley, Charles Lodwick. Endorsed, Recd. Read April 28, 1702. 1 p. [C.O. 5, 1047. No. 43.]
April 27.
384. Earl of Manchester to the Council of Trade and Plantations. There being a meeting of Lords, etc., at Mr. Sec. Vernon's office at 6 o'clock on Wednesday next to consider of your Lordships' Representation relating to the State and [? of] Defence of the Plantations, you are desired to be present there, and to direct the Agents of H.M. Plantations to attend at the same time. Signed, Manchester. Endorsed, Recd. Read April 28, 1702. 1 p. [C.O. 323, 3. No. 126; and 324, 8. p. 149.]
April 27.
385. Journal of Council of Trade and Plantations. Paper of proceedings in Barbadoes laid before the Board.
Acts of Barbadoes, 1701, ordered to be sent to Mr. Attorney General.
Letters from Lt.-Gov. Bennet, Oct. 8 and Jan. 12, read and papers enclosed laid before the Board.
Memorial from Mr. Nodin relating to the pay of the soldiers at Bermuda and the Governor's salary there read. Ordered that an extract relating to the soldiers be sent to Capt. Gardner, and that he be desired to attend on Wednesday.
Several letters and papers received from New York [Dec. 27, Dec. 29, 1701, Jan. 20, 21, 24, 29, 1702] were laid before the Board. Whereupon their Lordships took into consideration some papers relating to the imprisonment of Mr. Hutchins and Col. Bayard, and gave directions in order to their further proceedings in that matter.
April 28. Letter from the Earl of Manchester [April 27] read. Ordered accordingly.
Mr. Penn and Col. Quary attending, Mr. Penn delivered his answers to the abstract of complaints against proceedings in Pensilvania, which were read. Ordered that a copy be given to Col. Quary.
An Address from the Representatives of the Three Lower Counties, dated Oct. 25, and an Address from them to Mr. Penn, Oct. 18, read. Ordered that copies thereof be given to Mr. Penn, who promised to lay a further Memorial before the Board, relating to those and other matters, with all the speed he can.
Letter from Mr. Adderly and Mr. Lodwick read. Letter thereupon written to the Earl of Manchester and delivered to Mr. Adderly.
Memorial from the Agents of Barbadoes, in answer to what has been writ to them relating to arms, etc., read. Directions thereupon given for adding a clause to the Representation on the 4½ p.c. [C.O. 391, 14. pp. 436–449; and 391, 96. Nos. 75, 76.]
April 27. 386. Minutes of Council of Barbados. The President acquainted the Council of a merchantship called the Prosperous Hannah, Richd. Potts, Commander, which arrived here on Saturday from England, with several private letters for merchants that gave an account of the death of King William. The Board decided that it was not safe or convenient to take public notice thereof, but to expect H.M. Order.
Ordered that three files of soldiers be appointed to keep guard at each Fort within the Towns, and three files to guard the Magazine.
Ordered that the sloop Charles, Andrew Barnes, Commander, be taken up immediately for the service of this Island, and that the Master observe such orders as he shall receive from the President. 30l. to be paid to Barnes for that service.
Ordered that all ships bound for Europe have leave to sail on Thursday night.
Act to secure the peaceable possession of negroes, etc., was read the third time and passed. [C.O. 31, 6. pp. 209–211.]
April 27. 387. Minutes of Council of New York. The Governor suspended Robt. Livingston from the Council, and said that he would send him the reasons for his so doing according to H.M. Instructions, and would deliver them to the Clerk of the Council in writing, that they might be entered in the Council Book.
At the request of the Council, ordered that a Memorandum taken by the Governor April 14 be entered in the Council Book :—
"At Col. Depeyster's, April 14, between 7 and 8 at night, Col. Depeyster, Capt. Walters, Col. Romar, the Mayor and myself being present, I was saying that Baker, being convicted for calling the King a Dutch King, etc., proved what Mr. Vesey denied to have so expressed himself at the Mayor's house in Feb. last, to which the Mayor replied that he did not remember that Mr. Vesey said 'a Dutch King,' but 'their King won't live always.' The Lt.-Gov. is very positive that Mr. Vesey said 'A Dutch King' or 'their King won't live always,' and that ' the Dutch have now more favour shewn them then in the late reign,' and spake in commendation of the late reign, as if it was then better with the English than now, whereon the Lt.-Gov. said he hoped never to see such days."
Ordered that the High Sherriff of Queen's County have a warrant directed to him for the breaking open the doors of the house of Edward Burroughs of Jamaica, in case he be denied to enter therein, and to search for him.
Warrant issued to the High Sherriff of the County of Suffolk, for the apprehending the late High Sherriff, John Mulford, and bringing him before this Board.
20l. paid to John Owen, joiner, for work done in Fort William Henry.
3l. 19s. 6d. paid to Zachariah Mills for charges for H.M. service.
6l. 18s. 8¼d. paid to Burger Mynderson, blacksmith, for work done in Fort William Henry.
3l. 2s. 3d. paid to Jacob Noorstrandt for nails, etc., provided for the Fort.
4l. 11s. paid to James Wells, carpenter, for work done in the Fort.
3l. paid to Barne Cosens for the use of John van Veighten, for the freight of the clothing of the soldiers to Albany.
Small accounts paid to Jacob Blom, Myndert Schuyler, Jeremiah Callcutt, Jacobus van Duersen, and Rutgart Waldron.
April 28. Petition of John Shadwell read, and a warrant of survey ordered to issue. [C.O. 5, 1184. pp. 662–664.]
April 28.
388. Lt.-Gov. Bennett to the Council of Trade and Plantations. I am making all convenient hast to mount the guns [arrived from the Tower] on the fortifications, and the old ones that are useless on the platforms I am planting in the trenches, and against such places where an enemy may land, and they will serve very well for partridge-shot. By advice from Col. Codrington, Antego, March 7, I understand that the French fleet was sailed from Martinico to Leeward. And by a Master of a sloop that came in here, I am inform'd that on March 14th he met between High Spaniola and Cuba 24 sail of great ships, which he believed were French men-of-war, and adds that he saw three flags amongst them. I have here enclos'd an indictment or presentment which was found against Col. Day the last Assizes, upon which he was fined 50l., but upon his petition, I have respited the sentence till H.M. pleasure be further known. Pursuant to your commands of Feb. 11, 1700/1, I enclose a copy of the decree in Chancery upon the case of Micajah Perry and Mr. Joell. In answer to your Lordships' directions of Aug. 20 as to the Councillor's oath when he sits in Chancery, I enclose a copy, and that of my own. When I came to this govermt. I found the Chancery proceedings very irregular, but now, to a general satisfaction, they are more methodicall, people being pleased that rules are prescribed to walk by. Pardon me if I observe to your Lordships one practise I found amongst the Council, which was, that when sitting in Court they act as Judges by having liberty of debate and vote, but att other times they called themselves Masters in Chancery, and accordingly swore Defendants to the truth of their answers, and also took upon them to be examiners, and took depositions of witnesses, and had settled fees for so doing, and all without being any way qualified to administer an oath, unless being Counsellors makes them so, which I can't apprehend, and therefore, with submission, it's my opinion that all decrees made heretofore in this Court of Chancery are voyd in course, because neither answers have been sworn to before, nor depositions taken by persons qualified to tender an oath. I beg your directions what I shall doe, in case any motion should be made to sett aside a decree for the reasons mentioned.
In several cases the last Assizes, disputes did arise concerning the Laws of England being in force here, and some would have it that our Courts of Judicature are not branches from Westminster Hall, upon which I was applyed to and gave it, that these Islands are subject both to the Common and Statute Laws of England, which the 39 Article of my Instructions seems to confirm by saying that no man's life, member, freehold or goods shall be taken away or harmed under my governt., otherwise but by established and known Laws, not repugnant to but as near as may be agreeable to the Laws of England. And, with submission, where a point of Law arises, and noe Act of Assembly has been made whereby it may be determin'd, I presume it must be decided by the Laws of England. But I beg your Lordships' opinions, least I should be in error. I have here transmitted what Acts of Assembly I have passed since my arrival, vizt. (1) An Act for the speedy reparation of the Forts and Castle. (2) An Act for Imposition on liquors and sugars. The last Act was contriv'd to be brought up to the Council, just as a Briganteen was coming into the Harbour laden with wine from the Maderas, and if she had come to an anchor before this Act had passed, halfe of the duty of the wines in her had been lost, for it's just double to the former Act. On consideration of which I, tho' unwillingly, past it under so reflecting a preamble. But it is generally affirmed that the former Liquor Tax (mentioned in your Lordships' of Aug. 20), was limitted for two years, and that it was a misentry of the Clark's which made it indefinite; but on the contrary I cannot imagine why Col. Day should pass it under a limitation, it being directly opposite to his Instructions. And my reason for promising to dispense with it till H.M. pleasure be further known, was because they gave a greater supply in this last; and if your Lordships think fitt, I will let the former sleep till this is expired, and then publish your Lordships' and the Attorney General's opinions on the old one. (3) An Act to prevent oppression of Officers. This Act I have already twice transmitted. (4) An Act for laying an imposition on horses. (5) An Act for establishing Fast Days. (6) An Act to prevent the evading of payment of just debts.
I have also transmitted the Assembly's request that H.M. would be pleased to consent to allow me the present therein mentioned. The Assembly, by their Address, have desired me to represent the sufferings of the poor by a clause in an Act which forbids the transportation of plating out of these Islands, unless made up into Basketts, Bongraces. I was in hopes that by this conveyance I should have sent transcripts of all Laws that are in force here, but I must beg your Lordships' patience, they being very long and Clarks are scarce. Repeats extract of letter given below, No. 390.
I thought it might be convenient to give your Lordships an account of the prices of provisions in the places [there] mentioned, least it might be thought convenient to provide for the King's Fleet from thence: viz. Pork at Ronoke, or North Carolina 1l. 15s. 0d. a barrel, consisting of at least 2 cwt., but if not salted 1½d. a lb. Beef barrell'd, 1l. 5s. 0d., if fresh 1d. a lb. Indian Corn 1s. 6d. a bushell. Wheat 3s. 6d. The same at Virginia. At Carolina, beef at 1l. 10s. 0d. a barrel, rice very plenty, but I can't lerne the price, Indian corn abt. 2s. a bushell; pease 4s. At Maryland the same as at Ronoke and Virginia. At Pensilvania flower and biscake bread about 18s. a cwt., beer abt. 16s. the barrel, beefe and porke plenty, but dearer than at Ronoke, price uncerley [sic]. At Boston the same as at Pensilvania, but not so plenty. At Conecticut, beef, porke and Indian Corn is plenty, and about the same prices as att Ronoke. Att New Yorke, bread, beer, beef and porke is plenty, abt. the same prices att Pensilvania; pease 4s. a bushell. Signed, Ben. Bennett. Endorsed, Recd. Aug. 10, Read Sept. 3, 1702. Holograph. 4 pp. Annexed,
388. i. Abstract of preceding. 1¾ pp.
388. ii. Copy of the petition of Samuel Day, late Governor, to Gov. Bennett. At the late General Assizes, holden before the Honbl. Richd. Stafford, Chief Justice, a bill of indictment was, by the Grand Jury, found against Petitioner upon a charge of a false libell against your Excellency's government. Petitioner praying a traverse, was allowed the same, and not being bound for any recognizance for appearance or anybody bound to prosecute him, did believe the said Bill cou'd not be tried 'till the next Assises, neither had he any summons to appear. Notwithstanding all which, the Chief Justice, Petitioner neither having notice nor being present, hath passed sentence against Petitioner to be fined 50l. and imprisoned until the fine be paid. Prays H.E. to remit, suspend or respite execution on that judgment until H.M. pleasure be further known. Signed, Sam. Day. Endorsed, Recd. Aug. 10, 1702. 1 p.
388. iii. Copy of the presentment of the Grand Jury against Samuel Day. Bermuda, Jan. 14, 170½. H.M. having appointed a Lieut.-Governor in his place, who hath restored by H.M. directions several well deserving gentlemen in these Islands to the place and dignity of the King's Council and commissionated a Chief Justice and several Justices of the Peace and thereby determined the Commissions of others before commissioned by Day to the general satisfaction of H.M. good subjects in these Islands, Day, of his own corrupt and wicked mind, envying the prosperity of these Islands, with a malicious intent to vilify and scandalize the good Government of these Islands, and to produce a dislike, disesteem, and contempt of the present established Government of these Islands, about Oct. 5, 1701, at the house of Anthony Peniston's, senior, near the Flatts, did publish a false libell against the Government [See Cal. 1701, No. 947], meaning that by the craft of those represented by the names there given, knaves were put in the seats of Government and Justice.
This presentment being found a true Bill, Day prayed a traverse, which was granted and time allowed to plead. But he not putting in any plea in the time limited, and refusing the same, judgment of the Court was given against him, as in preceding. 2⅓ pp.
388. iv. Memorandum of Acts of Bermuda, July 3, 6, 27, 1701. ¼ p.
388. v. Address of the Assembly of Bermuda to the Governor, July 4, 1701, desiring him to represent to H.M. to repeal the clause in the Act, enacted under the Government of Samuel Day, providing that "no Platt wrought or made up of Palmeto Tops or leaves of the growth of these Islands shall be exported, unless such Platt shall be made into Basketts, Hatts, Bongraces or otherwise as the manufacture of these Islands," the said Clause having been found to be very prejudicial to the generality of the poor inhabitants, who make platt, and no benefit either to H.M. or the public benefit of these Islands. Endorsed, Recd. Aug. 10, 1702. 1 p.
388. vi. Copy of the Oath of the Lt.-Gov. and of a Councillor in Bermuda. Same endorsement. 2½ pp.
388. vii. Copy of a Decree of the Court of Chancery of Bermuda, Feb. 2, 170½, in the case of Micajah Perry and Co., London, Merchants, v. William Joell. It appearing that the logwood mentioned was not found in the brigateen at her capture, but was afterwards put in by the pirates, and by them given unto defendant as his own goods, and defendant, immediately after his departing with the pirates having endeavored for Pensilvania, whereto the owners belonged, he was therefore ignorant who were the owners or where they lived. Not being able to get to that port, he happened upon Curaçao, where he forthwith applied himself to the Governor and principal officers for their advice, and the briganteen being in a very leaky and ruinous condition, he, by their advice, sold her. The Court decree that the quantity of logwood mentioned in justice and equity belongs to him, and that he pay to the Complainants 390 pieces of eight, being what was remaining in his hands after charges paid for the ship. Costs divided. Same endorsement. 1¾ pp.
388. viii. Copy of Address of the Assembly of Bermuda to the King, July 4, 1701. Having a great sense of H.M. perticular regard to the suffering condition of the inhabitants under the male administration of the late Governor Day, and his evil Ministers, and of his gracious delivery of them from their great oppressions by commissionating Governor Bennett, the beginning of whose government, tempered with justice and clemency, hath raised the drooping spirits of the suffering inhabitants and dispelled their just fears, and in some measure to testify their just acknowledgment, the General Assembly do present to him 300l. and to his virtuous Lady 50l., and to that end supplicate H.M. that the said moneys may be applied to their behoof. Same endorsement. 1 p. [C.O. 37, 3. Nos. 68, 68.i.–viii.; and (without enclosures) 38, 5. pp. 244–252.]
April 28. 389. Duplicate of above letter. 4 pp. Enclosed,
389. i. Copy of Acts of Assembly of Bermuda, July 6, 1702. 42 pp. [C.O. 37, 25. Nos. 72, 72.i.]
April 28.
390. Extract of a letter from Lieut.-Governor Bennet to the Earl of Nottingham. Pardon me if I offer to your consideration [that], in case of a warr, whether it would not be advisable to prevent provision ships bound from New York, Boston, Carolina, Pensilvania, Virginia, Roscoke [sic. ? Roanoke] Maryland and Conecticut, to go to the southward without convoy, by reason that, as I am credibly informed, in the late war the French must have starved in the West Indies, had it not been for taking such provision vessells, by which they were so plentifully furnished at Martinico and other their Plantations, that bread, flower, pease, Indian corne, rice, beef, pork, and all manner of provisions were cheaper then at the places they were brought from. Endorsed, Recd. Read Aug. 18, 1702. Copy. 1 p. [C.O. 37, 3. No. 67.]
April 28. 391. William Penn to the Council of Trade and Plantations. Answer to Abstract of Complaints, April 16. (1) This is more than I know, and wonder if true, that Coll. Quary (who I perceive presents this information to this honourable Board) never told me so before. For I never heard but of one vessell that plaied us that trick, and I wish Coll. Quary and his officers had been more vigorous to prevent it. But for the vindication of our merchants and of that Colony, I must desire Coll. Quary to prove the charge, that due course may be taken to punish the faulty and prevent such things for the future. (2) I pray proof of this also: for he never complained to me, that I can remember, of such neglect. But this I know, that he told me, he thought I was too hard upon the tobacco planters, in making that law; for by that law the hoggsheads of tobacco were to be weighed at their shipping, because they used to pass formerly at 400lb. weight by content, tho' perhaps they or the merchants crowded in 7, 8 or 900lb. weight into a hoggshead, by which the King lost at 1d. per 1b. not less than thirty, forty or fifty shillings, which in 1,000 hoggsheads comes to 1,500 or 2,000 pounds. (3) Coll. Quary in his letter to this Board, laid the charge, as if I had granted that Commission to all the Sheriffs. But of six Sheriffs for the six counties, two only had them. They were granted of necessity, to suppress great disorders upon the water, and in his absence, and never disputed by his Deputy; and when objected against by himself, at his return (after six months' absence, upon his traffick into other Colonies) I did immediately command the Sheriffs to forbear acting by them, till further order; one of them never had, and the other but twice, and that in slight occasions. However, 'twas drawn by one that Lord Bellomont had made a King's Council at New York, and Naval Officer thereof, well acquainted in such matters: and I offer'd to joyn with him to represent it home to this or the Admiralty Board, to give us our true boundaries, as the King's Council in both Laws should advise; which he once promised, and best knows why he did not perform it. (4) There is as much as was in Coll. Fletcher's time. And the same Lieut.-Governour I continued in command by the Queen's direction; all Commissions being by proclamation to remain in force, till revoked, and they never were. But it is a mistake that I had my Government restored me upon those terms: let the Royal Instrument be consulted. Nor was my right ever dissolved, or that interruption given me, to be by Law vindicated. And for the country's being left defenceless, 'tis an imposition on the Lords to tell them a Militia can secure it; since by land there's none to annoy it; and by sea, the position of the country, and the manner of our Settlements considered (our distance from the sea being 160 miles, New Castle 120, and the shoals and narrows so many), that a small vessell of war would, under God's providence, be the best security. (5) I never, to my knowledge, invited or entertained one French Indian in my life; but discouraged Frenchmen, imployed by Coll. Quary or his customers, from trading with our Indians (the cause of that restraint) that they might not debauch them from the English friendship and interest. All which is notorious in those parts, where the truth can only be examined and found out. My profit by the Indians was never sixpence, but my known perpetual bounties to them have cost me many hundreds of pounds, if not some thousands, first and last. But this shews a necessity of a melius inquirendum upon the place. (6) I acknowledge the 2,000 pounds that money (which makes not 1,200l. English) but his 1,000l. is not above 700l. that mony, nor 500l. this, and near expired. But is that such a recompense, when 5 times the sume is less than my due ! having not had for 20 years one farthing, but maintained the Deputy Governour at my own charge. And yet more than half of what they gave me is unpaid, and if Coll. Quary and his adherents can obstruct it, will never be paid me. Whereas had the Law of Imposts, given me in '83, been received by me, it had been 20,000 pounds and more mony in my way; and which was only waved by me for a few years, in our infancy, upon promises never performed to me. But for the 350l. the King writt to me about; I did not only endeavour to raise it, by calling an Assembly (and which helps up the charge of the 600l. he talks of) but writt to the Governour of New York, that though I paid the 350l. myself he should not want such a sume for the King's service. Whose answer was that he neither wanted men nor mony, but Coll. Romer, the Engineer that the New Englanders kept from him. Nor was it at the same Session or Assembly that gave me that supply, but more than a year after. Therefore it cannot be justly concluded, that I preferred my own wants to the King's service. And it was poverty more than defence that was the excuse of the Lower Counties for not contributing to it, where a ship only is, as before, their best security: the town of Philadelphia, at least the County, being in reality worth more than all the inhabitants of the Lower Counties, who yet have equal priviledges with the whole Province, on whose account he makes this reflection upon us; their proportion of the 2,000l. tax being but four to twenty to the Province, of which the county of Philadelphia bears the half, which is 1,000 of the 2,000 pounds, and consequently one half more than as much again as the three counties pay. However they are not singular: Virginia and Maryland, old and opulent, as well as the King's colonies, having declined their quota. (7) It was then declared to them and consented to, that the imperfection of some Laws, in matter and wording, would require a review another Session. And none were kept back, but those that were made toward the end of that Session, when the early frost setting in so hard, and the sickliness of the place, made the Members impatient of further stay. Nor am I (as I presume) obliged by my Patent to send them in so short a time. However I expect them daily. (8) They had a sight of the Deed of Feofment, and were also told by me, it was upon record at New Yorke. And for threatning them with a goal, 'tis a most abusive perversion: for what was said was to a Member, but of one that was not a Member, that was supposed to have sowed some reflections about the town, by himself or Agents. And upon that I said, Tell me his name, and prove it upon him, and I will take care to lay him where I shall prevent his seditious practices, till the King's commands are known, or the Law release him. This is the truth of the case. And I am still of the same mind, for the preservation of the common peace, nor did I know how to preserve it otherwise: and I thank God, it continues still, and I hope will, till the Queen's pleasure shall be known; while our neighbours at New Yorke are in such confusion and extremity, though not only a King's Colony, but one of the most importance. (9) For this foul charge, I might referr the Board to the Records of the County; however I will say thus much: Nobody complained to me of it, nor appealed about the first of them: but I have heard, the reason of his being cleared was, that the single witness against him ran away, and was a fellow of no credit into the bargain: upon which, after a long imprisonment he was discharged in open Court of Quarter Sessions. For the woman; she is neither pardoned nor acquitted, but the whole case lies with the Secretary Vernon, to whom I sent it, for the King's mind, who only could pardon her. And for want of a sufficient prison, is still in custody (if living) of the Sheriff, who waits for directions therein. Which representation was at the instance and address of the Swedish Minister and Congregation, of which she was a member, that pleaded: (1st) That it was her own discovery: (2nd) That it was five years after the Fact: (3rd) Her extream sorrow and repentance of which her discovery was an instance. As to the 'rape; the man challenged by the woman married her. And in the opinion of the two only lawyers of the place, and one of them the King's Advocate of the Admiralty and the Attorney General of the country, her evidence was thereby enervated. But because the marriage was not so regular as the Law required, I ordered the prosecution of it with the utmost rigour; as the Minutes of Councill will shew. For the reflection upon our profession in stiling the father an eminent Quaker; first the father was but a late comer and little known: and 2dly far from eminent here or there, but of all held a quiet, honest man, who had been his son's security, the time he had his liberty to take in his harvest, that had suffered considerably for want of him, before it was admitted: nor was it at last without good authorities in law. (10) That was true:— and they punished for it, or I had severely prosecuted them. But this was done some time before my arrival. (11) This I positively must disown. For I never did deny one, nor was ever appealed or complained to. If any Court in my Government presumed to do so: I hope I know better things in justice and prudence, than to countenance or endure it. (12) It was no fault of mine, since I could not stay to receive it. But his name was sent over by me to my son for that service, above a year before I thought of my hasty return, but it was it seems omitted to be presented, because of the doubtfull issue of the Bill then in Parliament against us. However, I have the opinion of Chief Justice Atwood at New York, that being a Governour, in my own right, till the King could be apprized of it, the appointment I made was good. And Coll. Quary cannot but know, that necessity is ever a commission; and that I was under an absolute one, both to come and to choose him, seeing there was not another person in either province (not a Quaker) capable of it, unless my last Lieut.-Governour that I had displaced upon the King's commands in '99. And I hope whatever be Coll. Quary's point, the Lords will judge of my proceeding according to the nature of publick exigencies. No signature. Endorsed, Recd. Read April 28, 1702. 3¼ closely written pp. [C.O. 5, 1261. No. 85; and 1289. pp. 440–449.]
April 28. 392. Council of Trade and Plantations to the Earl of Manchester. Several matters from New York lying before us for our report to H.M. the next Council day relating to Col. Bayard and Capt. Hutchins, committed for High Treason and misdemeanour upon a prosecution wch. (so far as yet appears to us) is not sufficiently founded, in the meantime by reason of a ship's sudden departure for those parts, we do humbly offer that it consists with H.M. justice and the good and quiet of the Province that H.M. pleasure be forthwith signified to the Government of New York that execution of any sentence or sentences, which may be past against those persons or others on that account, be respited until H.M. further order be known, and we desire your Lordship to move Her Majesty herein. Signed, John Pollexfen, Mat. Prior, Rob. Cecill, Ph. Meadows, Wm. Blathwayt. [C.O. 5, 1119. p. 130.]
April 28. 393. Minutes of Council of the Massachusetts Bay. A question being moved upon the construction of the Order of Assembly for a temporary establishment of the government of the College, it was decided that Mr. Samuel Willard and the other gentlemen named are thereby sufficiently impowered to carry on the work of the approaching commencement and to confer degrees upon the Commencers.
Mr. James Taylor was empowered to take such assistance as he should think fit, in place of Elisha Hutchinson and others appointed but now unable, to find the Southermost part of Charles River and of any and every part thereof, etc., as directed by the Assembly in June, 1700.
Order signed directing Capt. Henry Crofts, H.M.S. Gosport, to repair the said ship.
Licence granted to Andrew Belcher to erect a building of timber for a barn on his land within his pasture at the South end of Boston between the house of Timothy Dwight, decd., and the brick house wherein Æneas Salter now dwells.
Wages paid to Capt. Southack and his men, Oct. 21, 1701– March 27, 1702.
Warrant signed for payment of sloop-hire to John Mitchel and to John Swarton for his services as Interpreter on the occasion of supplies lately sent to the Eastern Indians.
400l. paid in part payment of 88 barrels of gunpowder lately bought from Peter Sergeant. [C.O. 5, 788. pp. 133–136.]
April 29.
394. Council of Trade and Plantations to the Queen. Refer to history of the 4½ per cent. and repeat the state of defence of Barbados with the recommendation of the Board thereon. (See Jan. 24.) "We humbly conceive that the duty of 4½ per cent. arising there is chargeable towards this expense. We are humbly of opinion that the Forts and Fortifications 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, together with some experienced gunners (the Agents mention the number of 18), as likewise that Magazines be built for the better preservation of stores, for which we humbly offer that your Majesty will be pleased to allow a competent sum out of the said duty. The Agents have likewise proposed that an Hospital be built for the reception and accommodation of sick and wounded seamen and soldiers, which may be done when other more pressing services are provided for. Quote letter from President and Council, Feb. 19, and their request for a Regiment of Foot. Quote Governor Codrington's reports on the state of defence of the Leeward Islands. .We humbly offer that such part of this Duty of 4½ per cent. as your Majesty shall direct be applyed towards the supply of these demands. And that your Majesty would send your Royal Letters to the Governors of Barbadoes and of the Leeward Islands, to use their best endeavours to incline those Assemblies to continue the publick levies for the more effectual carrying on and completing the services above mentioned, and others conducing to the safety of those Islands. Signed, Stamford, Robt. Cecill, Ph. Meadows, Wm. Blathwayt, Jon. Pollexfen, Mat. Prior. [C.O. 29, 8. pp. 15–23.]
April 29. 395. William Penn to the Council of Trade and Plantations. Answer to Col. Quary's Memorial, April 20. To the three first paragraphs, relating to Anthony Morris;—If I may say so mean a thing of myself, I had long agoe Coll. Quary's license to re-imploy that man, after a thorow examination of him about the old business of the Replevin, in Councill, Coll. Quary present, it appearing evidently to his satisfaction, that he was not only surprized by the Lawyer that brought it to him to sign, but threatened into it, that if he did not do it, he denied justice to one of the King's subjects. Upon which, as well as a private discourse between Coll. Quary and the said Morris, he declared, if what he had writt of him were to do again, he would not do it, for that he beleived, he was imposed upon. Besides this, we have next to no choice in those parts, and he had been one of the most sufficient as well as diligent Magistrates there. (4) To the fourth paragraph I have heard but of one vessell, since my leaving the province, against which an information was brought to the Courts of Common Law, and I am sure there was none during the time I was there. The officer's letter is the best answer I can give; besides the notorious obscurity, if not apparent contradiction of the Law of the 7th and 8th of the late King, so often complained of, in my hearing, at your own Board, as well as that of the Admiralty and elsewhere, upon which this dispute arises: and it were happy, there were plainer directions to officers in their duty. (5) To the fifth paragraph. I desire Coll. Quary may produce his proof and authority for the charge therein contained. But if I had commissioned that gentleman my Attorney General, after having been preferred by a King's Governour of Lord Bellomont's quality and character, both to be one of the King's Council and Naval Officer, in so eminent a Colony as that of New Yorke, I cannot see the offence. And if men as guilty as he is said to have been, must, after repentance as well as pardon, never have been employed, some colonies would have wanted many a good officer and magistrate, to say no more. (6, 7) To the sixth and seventh paragraph, I am wholly a stranger, having never been asked for such an instrument, nor heard it was ever refused by any officer in the Government. This must have been before my arrival, or since my leaving the Province. And what is fit for me to do in that matter, shall be complied with. (8) To the eighth and last paragraph. I know not what information has been given to Coll. Hamilton; but dare say for him, he neither wants vigilance, courage or loyalty to do what becomes him in such a conjuncture. But as there have been many false alarums, his silence to me makes me think this to be another. And for Lewis Lemoizin; if he be run away, it is to some of the Five Nations, under New York government, from whence he had his wife; and that only from the uneasiness I gave him in his traffick with our Indians, under my government, lest he should negociate anything to the disadvantage of the English interest. But both this man and one Peter Bezallion were, I have been told, the great factors for the Company in the Indian Trade, of which Coll. Quary is the chief Agent. And for his spies and defenceless condition of the Province; it is a story, I would hope, cannot possibly pass upon your understandings. The French are not now to know the condition of the back-parts of all the English Colonies upon the Continent; and therefore his spy is with me at best but a vain conjecture; neither are we more defenceless there than Maryland and Virginia. Nor indeed is it possible to defend scatter'd settlements against surprizes, if the French could come so far to make them, which is next to impracticable: nor can they reach us without passing through the aforesaid Five Nations of warlike Indians, and several of our English Colonies. But the danger to them has never been from French but their own Indians; nor to them, but upon repeated injuries and provocations given them; which I thank God, our folks have escaped these 20 years, as defenceless a people as we are rendred, because we have not only been just but very kind to them, as I am ready to make appear from their own testimonials, and if any danger is like to attend us (as they that hide can find, so) let me wish, that Coll. Quary and his few factious adherents may never be the cause of verifying those suggestions, from his known inveteracy agt. us. I could say more upon that head. And if what he has alledged could have weight enough with this honourable Board to find credit against us, I must in the name of the inhabitants of that Province, as well as in my own, beseech the Lords to represent to the Queen, the necessity of a free and impartial enquiry upon the spot, into the truth of his informations: for after charges so black and enormous, there is no avoiding the nicest scrutiny. I humbly add, that for the safety, as well as peace, of the Province, I have deputed a gentleman of known good qualities, Coll. Hamilton, to answer that end; if the Queen shall please to add Her necessary and Royal qualification; which shall be humbly sought from her, with all possible speed. Signed, Wm. Penn. Endorsed, Recd. Read April 29, 1702. 2 pp. Annexed,
395. i. Robert Assheton to William Penn. Philadelphia, Dec. 17, 1701. Affairs here run smooth and even. I suppose Governour Hamilton (lest the matter should be rendered otherwise than's true) has given your Honour an account of Will. Righton's briganteen. He arrived here from Jamaica about Nov. 5 last, and immediately applied himself to me, and told me he had unfortunately lost his register, as also his clearance for a small cask of indico he had then on board (producing at the same time several invoices for European goods with certificates of their being legally imported into Jamaica) solemnly protesting that he had them in his hands not a week before, and supposed they were destroyed, for that he found his Mediterranean Pass (they being all together) in the hold, torn in pieces with the rats. I told him the Laws required I should seize the vessel, and so I did, and drew up an information and exhibited it before the Justices of the Court of Common Pleas, whereupon he petitioned the judgment, and prayed that Bond might be taken for his producing a certificate from Jamaica of his having given bond and paid H.M. duties for the said cask of indico. The Government was pleased to consider his case, and ordered me to take good security, which I did, in 1,000l., to produce the certificate in nine months. The brigantine is lately sailed hence again for Jamaica more for the sake of the certificate than the expectation of a beneficial voyage. The Admiralty Officers are a little chafed by reason I exhibited the information of the Common Pleas, so that your Honour may probably hear of it, but I humbly presume the Acts of Trade will justify me therein. I shall study H.M.'s and the Church's interest as much as the best of them, let their pretensions be never so great. Signed, Rob. Assheton. 1 p.
395. ii. Copy of Articles of Agreement concluded at Philadelphia the 23rd day of the second month called April, 1701, between William Penn, Proprietary and Governor of Pennsilvania, and Connoodaghtoh, King of the Indians, inhabiting about the River Susquehannah and Widaagh (alias Orettyagh) Koqueeash, Andaggy, Junkquagh, Chiefs of the said Nations, and Wopathha, King, and Lemoytungh and Pemoyajooagh, Chiefs of the Nations of the Shawonnah Indians, and Ahookassoongh, brother to the Emperor, for and in behalf of the Emperor (and Weewhinjough, Cheequittah, Takyewsan, and Woapackoa Chiefs) of the Indians inhabiting about the northern part of the River Pocomock, in behalf of themselves, successors and people. That as hitherto there has always been a understanding and neighbourhood between the said William Penn and his Lieutenants since his first arrival in the Province, and the several Nations of Indians inhabiting in and about the same, so there shall be for ever hereafter a firm and lasting peace between the English inhabitants of the Province and the said Indians. The said Kings and Chiefs (each for himself and his people engaging,) shall at no time hurt, injure or defraud, or suffer to be hurt, injured, or defrauded by any of their Indians any inhabitant of the said Province, in person or estate. William Penn, his heirs and successors, shall not suffer to be done or committed by any of the subjects of England within the said Province any act of hostility or violence, wrong or injury to any of the said Indians; but shall on both sides at all times readily do justice and perform all acts and offices of friendship and good will, to oblige each other to a lasting peace. All every the said Kings and Chiefs and all every particular of the Nations under them shall at all times behave themselves regularly and soberly according to the Laws of this Government, while they live near or amongst the Christian inhabitants thereof, and the said Indians shall have the full and free privilege and immunities of all the said Laws as any other inhabitant, they duly owning and acknowledging the authority of the Crown of England and Government of this Province. None of the said Indians shall be at any time aiding, assisting or abetting to any other Nation, whether of Indians or others, that shall not at such time be in amity with the Crown of England and with this Government. If at any time any of the said Indians by means of evil-minded persons and sowers of sedition should hear any unkind or disadvantageous reports of the English, as if they had evil designs against any of the said Indians, they shall send notice thereof to William Penn, his heirs or successors, or their Lieutenants, and shall not give credence to the said reports, till by that means they shall be fully satisfied concerning the truth thereof, and William Penn, etc., shall at all times in such cases do the like by them. The said Kings and Chiefs and their successors and people shall not suffer any strange Nation of Indians to settle or plant on the further side of Susquehannah or about Pocomock River, but such as are there already seated, nor bring any other Indians into any part of this Province without the special approbation and permission of William Penn, his heirs and successors. For the prevention of abuses that are too frequently put upon the said Indians in Trade, William Penn, his heirs, etc., shall not suffer or permit any person to trade or commerce with any of the said Indians, but such as shall be first allowed or approved of by an Instrument under their hand and seal. The Indians shall suffer no person whatsoever to buy or sell or have commerce with any of them but such as shall first be approved as aforesaid. The Indians shall not sell or dispose of any of their skins, peltry or furs or any other effects of their hunting to any person whatsoever out of the Province, nor to any other person but such as shall be authorised to trade with them as aforesaid. For their encouragement William Penn, etc., shall take care to have them duly furnished with all sorts of necessary goods for their use at reasonable rates. The Pocomock Indians shall have free leave of William Penn to settle upon any part of Pocomock River within the bounds of this Province, they strictly observing and practising all and singular the articles aforesaid to them relating. The Indians of Connoscogoe and about the River Susquehannah, and more especially the Connoodagtah, their King, doth fully agree to and by these presents absolutely ratify the bargain and sale of lands lying near and about the said River formerly made to William Penn, etc., and since by Orettyagh and Addaggy, Junkquagh, parties to these presents, confirmed to him, by a deed of Sept. 13 last, under their hands and seals duly executed. Connoodaghtoh doth for himself and his Nation covenant and agree that he will at all times be ready further to confirm and make good the said sale according to the tenor of the same, and that the said Indians of Susquehannah shall answer to Penn, etc., for the good behaviour and conduct of the Pocomock Indians and for their performance of the several articles herein expressed. William Penn doth hereby promise for himself, his heirs, etc., that he and they will at all times show themselves true friends and brothers to all and every of the said Indians by assisting them with the best of their advices, directions and Councils, and will in all things just and reasonable befriend them, they behaving themselves as aforesaid, and submitting to the Laws of this Province in all things, as the English and other Christians therein do, which they the said Indians agree and oblige themselves and their posterity for ever. In witness whereof the said parties have as a confirmation made mutual presents to each other; the Indians in five parcels of skins, and William Penn in several English goods and merchandizes, as a binding pledge of the promisses never to be broken or violated. Signed and sealed, Connoodaghtoh, Orettyagh, Koqueash, Andaggyjunquah, Wopaththa, Lemoytungh, Pemoyajooagh, Ahookassoongh, Weewinjough, Cheequittagh, Takyewsan, Woapackoa. Endorsed, Recd. Read April 29, 1702. 5 pp. [C.O. 5, 1261. Nos. 86, 86.i.,ii.; and (without enclosures) 5, 1289. pp. 449–454.]
April 29. 396. Capt. Gardner to the Council of Trade and Plantations. The yearly funds to pay the troops [in Bermuda] do always expire Dec. 24th, and are seldom supplied before the May following, and the Lords of the Treasury say they cannot warrantably advance any pay further then the funds given by Act of Parliament do go. Therefore that Company must be four months every year short of their subsistance. The Army being always paid by Muster-Rolls, and none being yet come from thence, that Company is continued on subsistance, which makes the officers very uneasy, all sorts of provisions being very dear there. They earnestly desire to be home again, thinking themselves useless there, and to which place they find soe great a deficulty to returne them their pay when issu'd. Signed, Robt. Gardner. Endorsed, Recd. Read April 29, 1702. 1 p. [C.O. 37, 3. No. 69; and 38, 5. pp. 211, 212.]
April 29.
397. Journal of Council of Trade and Plantations. Mr. Penn laid before the Board his answer to Col. Quary's Memorial of April 20, which was read, and a copy ordered to be given to Col. Quary. He exhibited also an original contract made by him with the Indians in the neighbourhood of Pennsilvania, whereof a copy was ordered to be kept.
Representation upon the 4½ p.c. agreed upon and signed.
Letter from Capt. Gardner read. Ordered that he and Mr. Nodin be desired to attend on Friday.
April 30. Letter to the Lord Marquis of Normanby, Lord Privy Seal, acquainting him that (by his place) he is of this Commission, and desiring his Lordship's assistance when his other affairs will permit, signed.
Letter to Mr. Lowndes agreed upon and ordered to be sent.
Mr. Mead desiring copies of the Acts passed at the General Assembly of the Leeward Islands, Dec., 1701 [see March 4], their Lordships ordered the same to be sent to Mr. Attorney General for his opinion, and then acquainted Mr. Mead that they had so done, and that when they came back they would be ready to give him copies of whatever may concern him, and hear what he may have to offer thereupon.
Memorial of Mr. Adderly and Mr. Lodwick and papers lately received from the Lt.-Gov. and Council of New York considered. Their Lordships, judging it a matter proper for a hearing before H.M. in Council, and that the parties who may be concerned on both sides have notice thereof accordingly, ordered that copies of all papers of Complaint against the said L.G. and Council in this matter, as likewise such as may be useful towards their defence, be given to Mr. Champante and to Mrs. Atwood, that they may provide themselves for a hearing when it may be appointed. Ordered that the like notice be given to Mr. Adderly and Mr. Lodwick, and that they be acquainted that they may petition H.M. for a hearing therein as they think fit, and that copies of what papers in this office may be of use to them and their correspondents, shall be furnished to them as they may desire. [C.O. 391, 14. pp. 450–454; and 391, 96. Nos. 77, 78.]
April 30.
398. William Popple to Mr. Lowndes. Enclosing Report on the Duty of 4½ per cent. in Barbados. The Council of Trade and Plantations think it proper for H.M. service that a separate account of the proceed of that Duty be constantly kept. [C.O. 29. 8. pp. 24, 25.]
April 30.
399. William Popple to Henry Adderly and Charles Lodwick. The Council of Trade and Plantations having considered your Memorial concerning Col. Bayard, etc., and judging it a matter proper for a hearing before H.M. in Council, they have order'd me to acquaint you that they leave it to you to petition H.M. for a hearing of those matters, as you think fit; and that in order thereunto they have directed me to furnish you with copies of what papers in this office may be of use to you and your Correspondents in that occasion. I am also directed to give the like notice to Mr. Champante, as Agent for the Province, and to Mrs. Atwood as concerned for her husband, the Chief Justice there, and to furnish them in like manner with copies of papers that may be useful to them for the defence of the persons concerned in the foresaid proceedings. [C.O. 5, 1119. pp. 131, 132.]
April 30.
400. William Popple to John Champante. To the same effect as preceding. [C.O. 5, 1119. pp. 132, 133.]
April 30.
401. William Popple to Madam Atwood. To the same effect as preceding. [C.O. 5, 1119. pp. 133, 134.]
April 30.
402. William Popple to the Attorney General. Enclosing, for his opinion in point of Law, the Acts of the General Assembly of the Leeward Islands, Nevis, Dec., 1701. Annexed,
402. i. List of Acts referred to. [C.O. 153, 7. pp. 436–438.]
April 30. 403. Minutes of Council of New York. Petition of Hannah, wife of John Hutchins, read and referred to further consideration. Petition of John Gonsales read. Ordered that the persons complained of be served with a copy thereof, and summoned to appear immediately on receipt of it. [C.O. 5, 1184. p. 664.]