America and West Indies: May 1702, 11-15

Pages 305-324

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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May 1702

May 11.
458. George Larkin to the Council of Trade and Plantations. I gave your Lordships an account from Annapolis in Maryland about December last, that I staid some days at Philadelphia in hopes of meeting with one Churchill and one How, two persons that were convicted of pyracy at an Admiralty Sessions at the Old Baily with Kidd; they gave out that they had given the Keeper of Newgate three hundred guineas for leave to come into that part of the world to take up some money which they had buried in the woods before they were apprehended, and I was credibly informed that the former had taken up eight hundred and the other fifteen hundred pounds. I accidentally met with Churchill at Barbadoes, and have caused him to be taken up, and seized about a hundred pounds of his effects which are deposited in the hands of the Judge of the Admiralty of that place, and to prevent any charge that may happen to the Crown or the island until her Majesty shall think fit to declare her pleasure concerning him, I have acquainted the Council of Barbadoes, that the most proper place for his confinement may be aboard the man-of-warr attending upon that Government, where he may do some service for his provisions. I hope, my Lords, your Lordships will pardon the freedome I take in telling you that I don't at all admire that your Lordships and other Ministers are dayly harassed with complaints touching the irregular administration of affairs in the Plantations, since Patent offices are so frequently disposed of to persons wholly unacquainted with business, and officiated by Deputys' Deputys' Deputys, some of which are scarce capable of writing six words of sense; but that which most of all surprizes me is a complaint against the Governour of the Leeward Islands to the House of Commons, who truly (if I may have leave to speak my thoughts) is the only Governour that I have met withall since my coming into America that can be called a good Governour. All his actions seem to tend wholly to the service of the Crown, and good of the subject, with all the honour and justice immaginable, and that without any advantage to himself. Every body here assures me that he has taken abundance of pains with the Militia of this Island, and made them very fit for service upon any emergency; he is revising their laws, and takes all imaginable care to prevent clandestine and illegall trade. If the Governour was not a man of learning and parts, business would be carried on here at a very lame rate, there being at present no Attorney or Sollicitor General, and but one gentleman that pretends to understand the law in all the Islands, and the Governour and Councill have under Mr. Carpenter, the Pattentee, a boy of about fourteen years of age to attend them as Secretary of the Island and Clerk of the Councill, and I do assure your Lordships, whilst I was present with them, there was occasion for drawing a small Instrument in writing and when it was done, it was such nonsense and stuff that the Governour and Councill were ashamed to sign it, and I was forced to draw it myself. The reason I understand the Secretary gives for his not attending upon the Governour and Councill here, is his being a Commissioner of the Customes in one of the other Islands, however it's not my business to concern myself how far he may be dispensed with upon that occasion. I have settled the forms of proceedings for tryall of pyrates here with the Commrs. agreable to the Act of Parliament, and wait now for a passage to Jamaica. I have undergone, my Lords, abundance of fatigues, hazards and hardships upon the account of this service, which I hope your Lordships will be pleased to take into your consideration, and when an opportunity offers, have some regard to, my lords, your Lordships' most obedient and most humble servant. Signed, Geo. Larkin. Endorsed, Recd. 9th, Read July 22, 1702. 2⅓ pp. Holograph. Annexed,
458. i. Abstract of preceding. 1 p. [C.O. 152, 4. Nos. 97, 97. i.; and (without abstract) 153, 7. pp. 500–503.]
May 12. 459. J. Thurston to Mr. Popple. The late Lords Commissioners of the Treasury not having directed the money for the subsistence, etc. of the Company at Newfoundland, I pray you will remind Mr. Lowndes of the necessity of giving dispatch to that matter. Signed, J. Thurston. Subscribed,
459. i. William Popple to Wm. Lowndes. Desiring him to lay the matter before the Lord High Treasurer. Signed, W. P. The whole 1 p. [C.O. 194, 2. Nos. 77, 77.i.; and 195, 3. pp. 99, 100.]
May 12. 460. Edward Randolph to the Council of Trade and Plantations. I received your commands to send forward a letter from the Earl of Nottingham to Lt.-Gov. Bennett. Col. Thos. Cary, owner of the Joseph of Carolina, has proposed in case he might have a protection for James Norman, the Master, a Bermudas man, and for Christopher Hall, the mate, and seven sailors more, he will take upon him H.M. letters. Signed, Edward Randolph. 1 p. [C.O. 37, 3. No. 71; and 38, 5. pp. 212, 213.]
May 12. 461. William Popple to Josias Burchet. The Lords Commissioners for Trade and Plantations enclose [above], and desire you to acquaint the Lord High Admiral that they think it may be for H.M. service that (besides the packets for Bermudas which I sent you the 8th instant) this also be sent by vessel bound directly for Bermudas as proposed. 1 p. [C.O. 37, 3. No. 72; and 38, 5. p. 214.]
May 12. 462. Col. Quary to the Council of Trade and Plantations. Reply to Mr. Penn's Answers, April 28, 29. Article ye 1st. The charge being matters of fact and too tedious to transcribe all the proofs of them, I have only to desire your Lordships that we may with all expedition proceed to it, being ready to make appear to your Lordships, that I have often complained of it, and admire at the shortness of Mr. Penn's memory that he can remember but one vessell. I shall minde him of severall others. (2nd) The Acts made in Pennsylvania to prevent illegal trade are so farr from being put in execution that they are not allowed to be Acts; and as to the English Acts of Parliament, it shall fully appear to your Lordships that no care hath been taken of them by that Government: and all Mr. Penn's plausible story on this head hath nothing in it but to amuse your Lordships. (3rd) This also is matter of fact ready to be proved, and I shall therefore only remark to your Lordships that Mr. Penn very well knows that all the trade of that province lieth within the district of those two Counties, where he had granted the Commissions, and that I never was absent but that I left sufficient powers to have supprest all disorders. He is pleased to say the Commissions he gave were drawn by one that my Lord Bellomont had employed, but doth not add, that so soon as my Lord was thoroughly apprized of his character, he turned him out, and that after this, though the same information was given Mr. Penn, yet he employed him. That Mr. Penn did solemnly promise to joyn with me in representing some things home relating to the powers of my Commission, and that till things were determined, and we should receive directions from the Government, I should uninterruptedly execute all the Powers of my Commission, is true. But that, contrary to this promise, he hath invaded those powers by granting Commissions, etc., is as ready to be proved. (4th) I must in general offer my proofs of the article replied to, and shall take care to distinguish how far Coll. Fletcher attempted the settling of a Militia, what Mr. Penn hath done in that affair, and on what account it is truly necessary for the protection and defence of the country. (5) Besides the general offer of proof, Mr. Penn is pleased to evade the charge and quibble about French Indians, whereas I charge him, that, notwithstanding the nakedness of the country, he hath lately received into his province several nations of foreign Indians and some French Indians, who are lately run away to the French. Mr. Penn is pleased to say that he hath discouraged Frenchmen imployed by me from trading with the Indians. In answer to which I do assure your Lordships, that I never imployed any Frenchmen to trade with any Indians nor any other person or persons whatsoever. (6th) Mr. Penn in his reply hath in effect owned this Article, and I see no roome for any other answer than to tell you, that proofs are not wanting to clear any thing he may have made doubtfull in his pretended reply. (7th) The like may suffice in reply to the seventh answer. (8th) And as to the next I shall at the same time make it appear to your Lordships, that what Mr. Penn hath said hath no weight in it. I do most humbly desire of your Lordships on the behalf of the inhabitants of the three Lower Counties that Mr. Penn may be obliged to make appear what title he hath (if any) to the government of those three Lower Counties or to the rents, he having exercised the former to the highest degree, and hath received or secured the rent for about twenty years. (9th) The charge relating to the three capital crimes suffer'd to go unpunished in Mr. Penn's government, are proved by the hands of several persons of integrity and honour. (10th) The fact of the Hustle Cap is owned, but I am not conscious they were ever punished for it, and desire it may be proved by Mr. Penn. (11th) Mr. Byfeild having petitioned her Majesty and complained of the denyal of an appeal to him on which an order was granted, requiring those in Mr. Penn's government to allow of appeals home and so remit the cause, puts that matter out of dispute, if that were the only instance. (12th) The matter of the 12th Article is likewise true; his present Deputy Governour not being qualified according to Law, for which reason the people of the Jerseys refused to submitt to him as Governour. This Mr. Penn very well knew, yet had so little regard to her Majesty's Laws, that in contempt of them he made him Deputy Governour of Pensylvania. Neither can I by any means allow of his pretence of necessity of appointing Coll. Hamilton, in that there was no other person capable of it, there being to my knowledge several persons less lyable to objections and every way as capable of that employment.
Reply to Mr. Penn's second Answer.—First. As to what relates to the restoring Anthony Morris to his places in the Government, it is matter of fact and owned by Mr. Penn; but that I had any such discourse with himself or Anthony Morris, as Mr. Penn mentions, I doe absolutely deny, and shall be ready, when your Lordships command, to lay the true state of it before you. (2nd) Mr. Penn is charged that in a late Charter, which he hath granted to the people of Philadelphia, he hath given to the Sheriffs almost all the powers of the Admiralty, to the Capes of the Bay, under the pretence of Water Bayliffs; To all which charge he hath made no reply. (4th) This Article being owned by Mr. Penn and by his officers better, leaves no roome for enlargement, but only shall add this hint; the said William Righton is an old offender, noted for illegal practices, as will be more fully shown, when matters are debated before your Lordships. (5th) As to what concerns his kinsman Mr. Parmiter, I appeal to Mr. Penn, whether I did not acquaint him with it in Pensylvania, whether he did not see a copy of the Indictment against the said Parmiter, and if it be still doubted, I have only to inform your Lordships, that I expect a copy of the Records every day from Bristoll, having sent for them. (7) All the matters in this Article are true and Mr. Penn is no stranger to it, since I acquainted him with it in Pensylvania and am now ready to prove it. (8th) Here Mr. Penn's answer to the Article is branched out into so many particulars and of so little concern to the matter that I cannot speak to it without being very large, so must referr that till the business is debated before your Lordships. And now may it please your Lordships, that there may be no delay of the Queen's affairs by my staying in England, I beg leave to have a short day assigned, that I may proceed to all my proofs, which are at all times ready, it being both difficult and tedious to committ them all to writing; which is, however, humbly submitted to your Lordships' considerations. Signed, Robt. Quary. Endorsed, Recd. Read May 12, 1702. 3 pp. [C.O. 5, 1261. No. 94; and 5,1289. pp. 457–464.]
May 12.
463. William Popple to William Penn. The Council of Trade and Plantations command me to acquaint you that Coll. Quary having laid before them a reply to your answer to the information of irregular proceedings in Pensylvania, and desired that a short day may be appointed for a hearing, in order to his making good his charges; their Lordships have appointed this day sevennight (vizt. Tuesday the 19th instant) for the further hearing of his proofs and your answers relating to that whole matter. And they more particularly order me to mind you of your promise to them to make out your title to the three Lower Counties, as well with respect to soile as government, that you may prepare yourself to do it at the same time. [C.O. 5, 1289. pp. 464, 465.]
[May 12.] 464. Petition and Address of H.M. Protestant subjects in the Plantation of New York to the King. Wee, having too many reiterated informations of our being calumniated and misrepresented to yr. Majesty, with hearts full of greif, loyalty and the highest dutie and regaurd to your Majesty, humbly pray the freedom to acquaint your Majesty that as soon as we knew of your Majesties happy accession to the Crown, we entertained the joyful tidings with hearts of alacrity, blessing almighty god for our great deliverer. And as we cannot still, without dread and horrour, reflect upon the ruins and calamities that were likely to swallow us when your Majesty brought us deliverance, soe wee are influenced with a lively and grateful sense that our Religion and Liberties are in the greatest safety under your auspicious Reign. We do assure your Majesty that the divisions and differences that have happened amongst your subjects in this Province were never grounded upon the interest of your Majesty, but the private corrupt designs of some of the pretenders to your Majesty's service, who have laid hold of an oppertunity to enrich themselves by the spoils of their neighbours. The oppressions and hardships wee underwent took an end by the arrival of your Majesty's Governour, and during the whole course of the late war, with your Majesty's gracious assistance, wee cheerfully sustained its burthen, some of us in our persons, and all of us by our purses, and by the fortunate influence of your Majesty's Empire conserved this your Colony intire from any conquest of the enemie, being conscious to ourselves of nothing more than an entire affection and faithful adherence to your Majesty's Royal person and interest. It was the greater surprise to find ourselves, by the late Earl of Bellomont, without reason or coulour turned out of all places in Government and those generally filled with persons least qualified for their posts, and to add to our misfortune and evidence the injuries we have suffered, wee find ourselves to be branded most unjustly with characters of disaffection and infamy, altho' wee, with all dutiful submission, underwent the first, yet the latter, as being an offence to truth and touching us in our good names, and the interest all faithful subjects ought to have in a just Prince, we cannot but be extreamly sensible off. Your Majesty's subjects could not at first foresee the ends designed. But the measures taken were of that nature as to give us just apprehensions of evill, great partiality in appointment of officers, manifest corruption and injustice in all elections, and that so open and barefaced as the greater number of the people could not but see the destructive projections no less than the injurious means used to attain them, being nothing else but abusing your Majesty's glorious name, and under pretext of your Majesty's service by the Legislative power to divest many of your Majesty's good subjects of their just rights and possessions, and to share and divide the same amongst themselves and their confederates, with many other sinister, indirect and unjust proceedings easily to be proved, but to[o] many to enumerate at present to your Majesty, thereby greatly offending your Majesty's good subjects, and tending to render your Majesty's Government in those parts scandalous, vile and cheap in the eyes of your people, altho' those methods had long since been determined if they had not lately met with new supports. We humbly implore your Majesty's justice in relieving us from those evils, and take this oppertunity of assuring your Majesty that amongst the vast number of mankind who have willingly subjected themselves and taken shelter under your Majesty's dominion, none are more heartily devoted to pray for your Majesty's long life and prosperous reign. No signature. Endorsed, Recd. from Mr. Adderly and Mr. Lodwick. Recd. Read May 12, 1702. Copy. 1¾ pp. [C.O. 5, 1047. No. 50.]
[May 12.] 465. Petition of the Freeholders, Planters and other subjects of the Kingdom of England in the Colony and Plantation of New York in America to the Honble. the Knights, Cittyzens and Burgesses in Parliament. Your petitioners are Protestants, the most of us English men, and the rest tho' of foreign birth, by the indulgence and justice of the English Government intituled to the privileges and liberties of the English people, and therefore think it not less our duty than our right to lay our unhappy circumstances before this honourable House. At the time of the Revolution we were not less sensible of the danger of Popery and arbitrary power then our neighbours or any other of H.M. subjects, but could not think it consisting with our duty or common prudence without orders from England to disquiet the country wee live in, the number of papists, or those affected to Popery or arbitrary government, being so inconsiderable that there was not one in a hundred in all the Province, nor one man who attempted or durst mutter one word against H.M. or the Protestant interest. Notwithstanding which, several persons then unhappy in their fortunes, and for other sinister ends, thought fit to disturb the peace of the otherwise united people, and the better to collour those their proceedings, found it their interest to callumniat and blacken those concerned with them with the odious names of Jacobites, Papists and popishly affected. The people being universally inclined to the Revolution, they met with no manner of opposition, and for that reason easily got the Fort and powers of Government into their possession. The oppertunity of oppressing and insulting over all those their humour or private animosity or avarice spurred them to imprisoning some without bayle or mainprize in close, unwholesome and nasty gaoles, tho' great security to the value of 20,000l. offered for their liberty, plundering many; others, for the safety of their lives, were forced to fly their country, tho' Protestants, and without so much as the least collour of being disaffected to the Revolution.
We laboured under those difficulties near two years after H.M. accession, when being taken under H.M. immediate Government, those oppressions ceased, but the wrongs to this day wholly unrelieved. During the whole course of the war with great forwardness and alacrity we sustained the losses, charges and burthens occasioned by it, and (tho' not without the loss of both our blood and sustenance) preserved the Colony entire to the English dominion. During that war many of us were entrusted with the most considerable posts and offices in the Government, and some of us often disbursed and advanced our money when the same fell short of the funds, or the taxes were behind in leavy, to answer the exigencies of Government. Notwithstanding this, the late Earl of Bellomont being arrived, new measures were taken and fresh projects sett on foot. All, or at least most who then served the Crown were without cause expunged the Government to make roome for others of the meanest condition, least quallyfied, most unfitt and unexperienced and generally disaffected to the English Nation and Government, and the Country sett into new flames, when the former had been almost forgotten and extinguished. The Governour having by our Constitution a power of appointing Sherrifs throughout the Province, he appointed such as generally were insolvent and had no dependance but upon his will and pleasure, and had directions to return such persons for Members of Assembly as were wholly devoted to his ends and purposes, by which means most of the Members returned being of the same qualifications, it was in vain to insist on any unjust return. When the manifest unjustice in election was objected to the Sheriffs, they had ever ready in their mouths, "Wee know what wee have to do; you make your complaints," which either being to the said Earl or the Members returned by his order had effects agreeable to those we complained to. To get the Legislative power entirely into his own hands, he dismissed without showing any colourable reasons the old Members of Council, who had served the King without blemish for many years and had supported the Government upon emergencies by their private fortunes, sending home to the Secretary of State the names of such tools as were fitting for his purpose to be appointed Councellors. Having thus gained the Councell as well as the Assembly, he puffed up those new Creatures with a vain opinion that they had the power of the House of Lords, from whose jurisdiction no Appeal lay, and under colour of this by their decree outed H.M. subjects of their freeholds, denying appeal and imprisoning others without bayle or mainprise, or so much as the show of any crime. The better to establish his authority, he gave out, and caused his creatures to trumpet everywhere that his interest was so great with the Ministers at Court that whatsoever he should do would be justified, and that all complaints against him were in vain, which, by wretched experience, wee have found to be too true. Having conceived an irreconcileable hatred and aversion to all those who could not servilely comply with his will, or were unserviceable to his projects, with more security to excuse his implacable vengeance, he first privately and then publickly employed his pen, his creatures and his interest falsely to calumniate all those his injustice had made his enemies, that by such detraction the subjects of his revenge might be ruined without pity or remedy, and that his vengeance might more surely take effect, he resolved to spare neither friend nor foe in this Colony, but projected the reducing the whole Plantation to poverty and misery, and eradicating all foundations of property, if his designs could have taken effect, proposing to H.M. by Act of Parliament or Act of Assembly, but rather the former, on frivolous and empty surmises, or colourable pretences to vacate upwards of three quarters of the grants from the Crown of the lands in this Province, with a Commission to himself and others authorising and empowering him to distribute those spoils of H.M. subjects unto those tools and his creatures; and it's not improbable he intended no small share to himself. He made some progress in those designs, but, before they could ripen, or that he was furnished with persons skilful enough to give colour to his actions, God Almighty, of his infinite mercy to this poor Province, was gratiously pleased by his death to put an end to his projects. Altho' by his death the mainspring of those purposes seemed to be weakened, yet the stayns of his artifice and improbity have a deep tincture left amongst us, and still continue to disturb and perplex the peace and tranquillity of this Province. When the choice of the people necessary to recommend or authorize any to the Government, and that happens to fail, they have found out a trick of returning themselves the better to perpetuate their dominion over us, nor are any indirect contrivances wanting that may serve to that purpose. Since the death of the Earl of Bellamont a new Assembly has been called, and great corruption used in the choice and return of many of the Members, which being met notwithstanding the said corruption, one half of the Members did impeach one Abraham Gouverneur, their Speaker, for being an alien, who, being supported by the other half, could receive no decision in that House, which notwithstanding, the Government as at present circumstanced have been pleased to countenance the Alien and his party, who, to strengthen themselves, presently took in their company (instead of two that were expelled) two who were not the choice of the people, and have continued to sit and act as an Assembly, altho' two thirds of the freeholders and inhabitants of the Province absolutely refuse to acknowledge them as such. In this pretended sessions of Assembly they have passed sundry bills, one of which is to deprive a great number of the natural English freeholders of their right of voting for any future Assembly, and enabling others who are not freeholders and have no legal right to vote by the Laws of England nor this Province, to strengthen their party; another Bill granting the Lt.-Gov. a sum of money to tempt him to keep them together and pass their Laws, and a sum of money to the Chief Justice to find colour and form for those Bills, and proceeding with sundry other Bills tending to the destruction of the properties, freeholds and inheritance of H.M. subjects. Pray for consideration and redress. Endorsed as preceding. Copy. 2¾ pp. [C.O. 5, 1047. No. 51.]
[May 12.] 466. Address of some Inhabitants of New York to Governor Lord Cornbury. Whereas many of us live remote, and the time of your Lordship's arrival being uncertain, we have presumed to take this method of expressing the sincerity and fervour of our affection, humbly addressing your Lop. by this paper, congratulating your Lop's. safe arrival and that of your noble Lady and family. We doe assure your Lordship that we have and will always conserve a zealous and steddy resolution to support and promote, to the utmost of our power, the honour and interest of our most gracious Sovereign Lord King William (whom God long preserve to reign over us) in this part of his dominion, and if it shall please God H.M. see it for the honour and interest of the English Nation to engage in a new war, we shall chearfully undertake the duty and charge thereof in this frontier Province, as we have done in all the last warr, and will not be wanting in the hearty expressions of our duty supporting and supplying those your Lop. shall judge necessary to a just and impartial administration of Government to all H.M. subjects inhabiting this Plantation. We have this intire confidence in your Lop's. great prudence, justice, courage and conduct, that, with the blessing of God upon your Lops. endeavours, we doubt not to enjoy safety and protection from our enemies abroad, liberty of conscience, peace and tranquility at home, and that the name of party and faction may henceforth evanish with everything contradicting to the true English interest. That your Lordship be successful in attaining all the ends of good Government, grow in your Prince's favour, and have the due reverence as well as the cordial affections of the people here under your direction, live long and happy amongst us to the praise and glory of Almighty God, and your Lop's. satisfaction and content, are the cordial wishes and constant prayers of your Lop.'s most obedient and dutiful servants. No date or signature. Endorsed as preceding. ¾ p. [C.O. 5, 1047. No. 52.]
[May 12.] 467. Lord Bishop of London to the Council of Trade and Plantations. Requesting them to take into serious consideration, (1) the 26l. allowed [annu]ally by his late Majesty towards the providing of [a] House for the Minister of Trinity Church in New York to dwell in, in order to the continuance of it; (2) that, whereas 110 acres in the County of Westchester, in New York Province, have escheated to the Queen by the death of one Thomas Williams, their Lordships' judg[ment] would be for the settling them upon the Church in the said County, the better to provide for the subsistance of a Minister; (3) that the Act of Assembly already past for the altering a former Act made for the establishment of a Church in Westchester County is of very dangerous consequence, and highly deserves their Lordships' consideration, and to which the Lord Bishop of London desires to be heard, before it pass; (4) that an Act about Clandestine marriages, past by Mr. Pen in Pennsylvania, is of great importance to religion and deserves their Lordships' maturest thoughts, before it receive the public allowance. Endorsed, Recd. Read May 12, 1702. Edges torn. 1 p. [C.O. 5, 1047. No. 48.]
[? May 12.] 468. Notes upon the Bishop of London's foregoing Memorial. (1) The Earl of Bellomont, pursuant to the King's Instructions, did, with the consent of the Council, settle an annual allowance, 26l., out of the Revenue, on the Minister of New Yorke for house rent till further order. The Earl in his letter April 27, 1699, mentions this stipend as more than an equivalent to the farm of 7l. per annum taken from the Minister by the Vacating Act, May 16, 1699. (2) Mr. Heathcote's petition, Jan. 8, is to the same purpose. (3) Query, whether the Act quoted in this Article be the same which is entituled An Act declaring the Town of East Chester a distinct parish from the Town of West Chester. (4) This Act has been reported upon by the Solicitor General, and no objection made against it in his report. 1 p. [C.O. 5, 1047. No. 49.]
May 12.
469. Journal of Council of Trade and Plantations. Col. Quary laid before the Board his reply to Mr. Penn's answer, which was read. And he also desiring a speedy day may be appointed for the hearing of that matter, their Lordships appointed this day sevennight. Ordered that the Secretary write to Mr. Penn. [See above, May 12.]
Mr. Adderly and Mr. Lodwick acquainted the Board that they have lately received letters from their friends at New York (particularly from Mr. Noel, Mayor of that City) informing them that Col. Bayard had been tried for high treason, March 12, and being found guilty, was to receive sentence the next day, but that Mr. Noel promised to use his endeavours with the Lt.-Gov. to stop execution. They presented three Addresses and a Proclamation of the Lt.-Gov., which were read. Ordered that a copy be taken of the latter, and that Mr. Champante have notice of the receipt of these papers, and copies of what he judges useful to him.
Mr. Chamberlain laid before their Lordships a Memorial from the Lord Bishop of London relating to some Church Affairs in New York, which, being read, their Lordships desired him to inform himself more particularly about the first head, and explain it to them, in order to the proceeding upon the whole.
A note from Mr. Thurston read. Letter to Mr. Lowndes ordered.
Letter to Mr. Burchet ordered upon Mr. Randolph's memorial [May 12].
May 13. Letter from Sir Henry Ashurst read.
Letter from Lt.-Gov. Bennet, March 13, read.
Letters from Mr. Sheaf, New Hampshire, Feb. 18, and Lt.-Gov. Partridge, Feb. 20, read. Ordered that copies be sent to Col. Dudley, and that he be referred to the directions of the Lord High Treasurer for what may be necessary to be done thereupon.
Letter from Capt. Hasket, Dec. 27, 1701, read, and papers enclosed laid before the Board. Capt. Hasket immediately after presented himself to the Board, acquainting their Lordships that he is just newly arrived from New York by way of New England. He complained of the inhumane usage he had met with from the people of the Bahamas and said he would vindicate himself from the aspersions he had cast upon him. [He signified also that, before his departure from New England, he had received letters from New York and a Proclamation issued there of March 20 or 22 by which he understood that some of the prisoners lately committed there had made there escape, but that he had left his letters on shipboard, and he could not remember particular circumstances.] This passage occurs in the original Minutes only, and is deleted there. Ed.
Address of the Assembly of Virginia considered, and directions given for preparing a Representation thereupon.
Mr Chamberlain attending [see above], and it being observed that an Act of New York, mentioned in the Bishop of London's Memorial, relating to a Church in the County of West Chester, is in the hands of the Solicitor General, ordered that it be sent for. [C.O. 391, 15. pp. 14–22; and (original Minutes) 391, 96. Nos. 85, 86.]
May 12. 470. Minutes of Council of Barbados. Petition of Nicholas Churchell, praying to be discharged from prison or else sent home to be cleared, read. Ordered that he be sent to England the first opportunity, and meantime be kept in prison. [C.O. 31, 6. pp. 214, 215.]
May 12.
471. Minutes of Council in Assembly of New Hampshire. John Hinkes was paid his account for himself and soldiers at Fort Wm. and Mary, May 17, 1701–May 17, 1702.
May 13. Estimate of what is wanting to the Fort William and Mary sent down to the Representatives.
Arrears of wages paid to James Phillips.
Bill for continuing several duties and customs, sent up, was read.
May 14. The Assembly was adjourned till May 28th. [C.O. 5, 789. pp. 281–285.]
May 13. 472. Commission for Capt. Benjamin Bennet to be Lt.-Gov. of Bermudas. Similar to that abstracted 1699, No. 382. The clause as to taking the oaths now runs, You having first taken the oaths appointed to be taken instead of the oaths of allegiance and supremacy, and the oath mentioned in the Act for declaring the Association to be determined, as also the Test, together with an oath for the due execution of the office and trust of our Lieut.-Governor and Commander-in-Chief, as well with regard to the equal and impartial administration of Justice in all causes that shall come before you as otherwise, and likewise the oath required to be taken by Governors of Plantations to do their utmost that the Laws relating to the Plantations be observed, all which (with exception of the last) you shall administer to each of the Members of Council. [C.O. 38, 5. pp. 217–237.]
May 13.
Bredah at
473. Vice-Admiral Benbow to Mr. Secretary Vernon. Repeats second portion of letter [April 30] given under April 13. Continues: Bredah, at Jamaica, May 13th. The 11th inst. off of the E. end of this Island by Capt. Whetstone I received your favours of Feb. 22, H.M. Instructions of 19th, and a copy of Instructions from the Lords Justices Oct. 23 last (the original not yet come to my hand), all which shall be complied with to the best of my power. The receipt of these Orders obliged my return to Port Royal, where I arrived yesterday with H.M. ships in the margent [Bredah, Defiance, Canterbury, Dunkirk, Dreadnought, Windsor, Kingston, Gloucester, Greenwich, Bristoll, Colchester, Scarbrough, Strombelo fireship], to confer with the Governor on the matter, and sent the Falmouth, Ruby and Experiment on the errand I was designed, but with all the caution as if a war, vizt., to know where the French Fleet are, whether at Pettit Guavas or Logan, and how they intend to proceed, from whence I expect news. This day I met the Governor, and communicated H.M. Instructions, and it was his, as also my own opinion that I send a man-of-war with a letter to the Governor of Carthagena, signifying H.M. alliance with the Emperor, with all the soft terms of that Instruction, hoping 'twill bring them over to the House of Austria, and relinquish that of Bourbon; another of the same kind to the Vice-Roy of Mexico, and one to the Governor of the Havanna; if this be refused, will immediately put in execution the Lords Justices' Orders of Oct. 23. By the advice we have of M. Shatternoe [? Château-Renault], they are very much stronger than we, both in men, ships and guns, and to hazard a battle when so great an inequality, I humbly conceive imprudence, the safety of H.M. Plantations depending on the success. Just now have advice that on March 27th was seen 17 saile of tall ships pass by the little Cumana, which may be part of Mounsr. Shatternoe's squadron, if so, 'tis probable they are bound to the Havanna to offer their service to convoy the Flota; we have not strength to follow them, which if we had should leave this Island to the mercy of the other part of his squadron, which judge to be at Logan, if so, I hope to see them in a little time, and if it please God to give success, I doubt not but the Spaniards in these parts will be soon brought over to the House of Austria and relinquish that of Bourbon, but before this will be done, there must be set up one of the Austrian Family in old Spaine, for they will be very cautious to declare without a certainty. Signed, J. Benbow. Endorsed, R. Sept. 10, 1702. 3 pp. [C.O. 137, 45. No. 4.]
May 13. 474. Minutes of Council of Virginia. Wm. Robertson, appointed Clerk of the Assembly, took the oaths appointed. H.E. signed a pardon for Ann Tandy (see April 25).
Letter from Capt. Moodie read, representing that he had fitted up a very convenient place at Point Comfort for careening H.M. ships of war, or any other ships that shall put into this Colony, and proposing that some care be taken and some person appointed to look after the same, as also that a Law be made for apprehending such seamen as shall desert H.M. service. Consideration referred to a further Council.
May 14. Capt. Moodie, H.M.S. Southampton, ordered to cruise in the Bay between Point Comfort and the Capes at all fair and seasonable opportunities in order to detect illegal Traders and defend this Colony from attempt of Pirats or other enemies. It was thought necessary for the advice-boat Eagle to cruise in conjunction with the Southampton, and the Council desired H.E. to write to the Governor of Maryland to give orders to Capt. Bostock accordingly.
Upon the complaint of George Luke, Collector of H.M. Customs in the Lower District of James River, that whilst he was at Church his wife ransacked his house, and conveyed all she could conveniently come at, Ordered that he forthwith remove all books and papers belonging to his office to the house of Col. Wm. Willson, Naval Officer of the District.
H.E. signed new writs for the election of a Burgess for King and Queen County in the room of William Gough, decd.; for New Kent in the room of Gideon Macon, decd.; for Princess Ann County in the room of John Thoroughgood, decd., and of two Burgesses for the New County of King William.
May 15. H.E. having received a letter from Richard Buckner with some printed news, said to be brought in by Chaplin, master of the Triall briganteen of Bristol, H.E. signed a warrant for the appearance of Chaplin and his ship's company before the Council, to be examined.
H.E. signed several patents, probates, etc.
Order issued appointing the places in the River where the ships shall ride in time of war. [C.O. 5, 1409. pp. 215–217.]
May 13. 475. Minutes of Council in Assembly of Virginia. Representation from the Committee for Revising the Laws referred to the Burgesses.
The Burgesses attending, H.E. addressed them:—The Council of Trade having by several letters to me recommended the dispatch of the revisal of the Laws, I hope you will take care that the same may be furnished this Session. To avoid misunderstanding, I have not caused any writs to be issued for election of Burgesses for the new County of King William, nor in the room of those Members of the House who, I understand, are dead, but I recommend to you to come to some speedy resolution thereon. There being but three of H.M. Council present, I will not now speak to you about several other matters. And see preceding abstract.
May 14. Several papers sent down to the Burgesses, relating to the embargo, the men-of-war, etc. The Governor desired their opinion upon the embargo.
The House desired the issue of writs for election of Burgesses in place of Wm. Gough, decd., King and Queen County; Gideon Macon, decd., New Kent County; John Thoroughgood, decd., Princess Ann County, and of two Burgesses for King William County.
May 15. See preceding abstract. Message sent down with proposals for appointing places for the ships to ride in time of war, and for preventing the dissemination of false news by masters of ships. Some propositions were agreed to and sent down, designed to prevent the inconvenience that may occur between the demise of the King and the Proclamation of his Successor—All Acts, deeds and sentences of the Governor, Council and Justices, etc., to be valid as if the King were actually alive; all crimes to be similarly punishable, and the Governor, with the advice and consent of the Council, to be able to continue the General Assembly or prorogue or dissolve it.
Grievances of Charles City County referred to the Burgesses.
Message sent up from the Burgesses approving the present embargo.
The Burgesses agreed to the appointment of places for ships to ride; but did not think it necessary to enforce the Act of 1671, providing that in time of war no person should go on board any ship until she hath sent on shore and it shall be known what she is. They resolved that a Bill be prepared to prevent the publication of false news. [C.O. 5, 1409. pp. 569–576.]
May 13.
College of
William and
476. Journal of House of Burgesses of Virginia. William Randolph, Clerk of the House, was excused attending for the present.
See preceding abstracts.
May 14. See preceding abstract.
May 15. Petition of Robert Beverley referred. [C.O. 5, 1408. pp. 359–367.]
May 14.
St James's.
477. Order of Queen in Council. Directing the Earl of Nottingham, H.M. Principal Secretary of State, to prepare a warrant for H.M. signature requiring Governor Nicholson to discharge Lewis Burwell from the place of Councillor of Virginia. [See May 7, etc.] Signed, John Povey. Endorsed, Recd. 9th, Read Sept. 10, 1702. 1 p. [C.O. 5, 1312. No. 33; and 5, 1360. p. 224.]
May 14.
St. James's.
478. Order of Queen in Council. Appointing Philip Ludwell a member of the Council of Virginia, and directing the Earl of Nottingham to prepare a warrant for H.M. signature accordingly. A like order for Wm. Bassett. A like order for Henry Duke. Signed, John Povey. Endorsed, Recd. 9th, Read Sept. 10, 1702. 1 p. [C.O. 5, 1312. No. 34; and 5, 1360. p. 225.]
May 14.
St. James's.
479. Order of Queen in Council. Approving Representation of April 29 concerning the 4½ per cent, and ordering the Council of Trade to prepare letters to the Governors of Barbados and the Leeward Islands accordingly, for H.M. approbation and further signification of H.M. pleasure thereupon. Signed, John Povey. Endorsed, Recd. 18th, Read May 19, 1702. 1 p. [C.O. 28, 6. No. 59; and 29, 8. pp. 27, 28.]
May 14. 480. Memorandum of above Order in Council. ¼ p. [C.O. 152, 4. No. 91.]
May 14.
St. James's.
481. Order of Queen in Council. Referring the Representation of April 29 to Lord Godolphin, Lord High Treasurer, to consider what relates to the supplying money for the several demands therein mentioned for stores and for the fortifications in the Barbadoes and the Leeward Islands out of the 4½ per cent. in those parts, and to report his opinion to H.M. at this Board. Signed, John Povey. Endorsed, Recd. Read May 20, 1702. 1 p. [C.O. 28, 6. No. 58; and 29, 8. p. 29.]
May 14. 482. Memorandum of above Order in Council. ¼ p. [C.O. 152, 4. No. 90.]
May 14. 483. Order of Queen in Council. Referring to the Council of Trade and Plantations the enclosed petition for their report. Signed, John Povey. Endorsed, Recd. Read May 27, 1702. ¾ p. Enclosed,
483. i. Humble petition of the greatest part of the Proprietors of Nova Cæsaria or New Jersey to the Queen. Petitioners have surrendered their right of Government, praying that they might have the naming of the first Governor. Gov. Andrew Hamilton's administration for several years past has been to the general satisfaction of the inhabitants and of Petitioners. Pray H.M. to commissionate him to be Governor of Nova Cæsaria. Signed, Joseph Ormston, Joseph Ormston as representative of Francis Hancock, decd., and proxy for Edward Anthill and George Willcocks, L. Morris, for all the Proprietors residing in East Jersey, Isaac Cocks, Tho. Bromfield, E. Pauncfort, Ben. Levye, John Davis, Peter Houblon, James Boddington, John Whiteing, Gilbert Molleson, Gilbert Molleson proxy for Robert Barely, Tho. Hart, John Jurin, Benj. Nelson, William Snelling, Robert Ford, Richard Harrison, Richd. Greenaway, John Hollis, Jos. Collyer, Thomas Allen, Philip Wightman, Tho. Miller, Tho. Morice, Charles Michel, Peter Hudson, Peter de Lannoy, Tho. Kerxes, Ben. Steele, Hannah Howard, Fra. Michel, Jo. Bennett, Jos. Wildigos, Exec. of Paul Darby, John Booker, Tho. Lane, Paul Docminique, Tho. Skinner, E. Richier, Michael Watts, Obadiah Burnett, Jno. Bridges, Robt. Michel, John Wilcocks, Jos. Brooksbanke, Fran. Minshull, Eben. Jones, Jno. Norton, Hen. Adderly for Richd. Hasaell. Copy. 2 pp. [C.O. 5, 1261. Nos. 96, 96.i.; and 5, 1290. pp. 4–6.]
May 14.
St. James's.
484. Order of Queen in Council. Referring enclosed petition to the Council of Trade and Plantations, to report a true state of the matter of fact therein set forth, with their opinion on the whole matter. Signed, John Povey. Endorsed, Recd. 18th, Read May 27, 1702. ¾ p. Enclosed,
484. i. Petition of Peter Sonmans and William Dockwra to the Queen. On behalf of themselves and other Proprietors of East and West New Jersey. Petitioners have surrendered their right of Government and the Council of Trade recommended the appointment of a Governor wholly unconcerned in the factions which have divided the inhabitants of those parts. Some of the West Jersey Society and a few others, joining with Andrew Hamilton and those of his faction, have petitioned your Majesty for him to be Governor, who, though he was formerly Governor under the Commission of the Proprietors of the said Colonies, was, by the Proprietors of East Jersey, dismissed for his mismanagements and male administration, and has been guilty of protecting Scotch ships and encouraging illegal trade, to the infringement of the Acts of Navigation, against whom there are sundry petitions and remonstrances now going before the Plantation Board. Hamilton, at this day, setts up in opposition to the present Governour constituted by the same authority by which he acted as Governor in East Jersey, and has caused the seizing all Records and detained the Provincial Seal, thereby subverting the Government, and has brought all into anarchy and confusion. As the chief motive of Petitioners to their surrender was the well settling those Provinces under your Majesty's more immediate authority so they humbly conceive it impossible the differences there can be reconciled, if your Majesty should please to constitute Hamilton Governor, forasmuch as that neither your petitioners here or the inhabitants there, who have opposed Hamilton, can reasonably hope for redress of the injuries they have received from his male administration and injustice, if he should be armed with your Majesty's Commission, whereby he would become both Judge and Party. Pray that some person wholly unconcerned in the factions of the Provinces be appointed Governor. Signed, Peter Sonmans, William Dockwra. 1¾ pp. [C.O. 5, 1261. Nos. 95, 95.i.; and 5, 1290. pp. 1–4.]
May 14.
St. James's.
485. Order of Queen in Council. Approving Representation of April 29, and referring it to the Earl of Romney, Master General of the Ordnance, to consider the further demands therein mentioned for stores of war, the fortifications, the Engineer and Gunners in Barbadoes and the Leeward Islands, more then what is mentioned in the Order of Council, April 17, and to prepare an estimate thereof to be laid before H.M. at this Board. Signed, John Povey. Endorsed, Recd. Read May 20, 1702. 1 p. [C.O. 28, 6. No. 57; and 29, 8. p. 30.]
May 14. 486. Memorandum of above Order in Council. ¼ p. [C.O. 152, 4. No. 92.]
May 14.
487. Governor Codrington to the Council of Trade and Plantations. I have just received the enclosed from Nevis from Coll. Abbot and Mr. Piney of the Councel and the two best men in that Island without exception. I send them to your Lordships because they will naturally lett your Lordships into the temper and spirit of people here, even of the best sort of them, for such as have the best Plantations here are not always men of the most virtue or the best understanding. The poor gentleman, Coll. Elrington, has spent of his own money in the publick service since he came to his Government above seaven hundred pounds to my certain knowledge, for he had nere two hundred of me and never recd. one penny benefit from the publick but one pipe of Madera wine—for he very honourably did his duty in all respects and was contented to loose by that employ in hopes to have merited a better. It was some months before I could persuade the people to find the Governor a house to live in, and if Mr. Piny had not been so kind to have allowed him an apartment in his house, the King's Governor must have lain in the street, or a punch-house. But this subject would naturally lead me to some of these reflections which I have frequently made your Lordships to no purpose. I begg your Lordships to hasten my furlow. I refer it to your Lordships' equity whether I should be obliged to stay here to be the greatest drudge that ever was in the publick service and spend above 1,500l. a year out of my own estate to meet with such returns as I have done, I say nothing further at present of my justification; that I assure your Lordships shall be as publick as my accusation has been and as full and clear as I can wish my account may be before God at the day of judgment. Signed, Chr. Codrington. Endorsed, Recd. 10th, Read July 13, 1702. Holograph. 2 pp. Enclosed,
487. i. Abstract of preceding. 1 p.
487. ii. Aza. Pinney to Governor Codrington. Nevis, May 7, 1702. I really find much coolness concerning our late Lieut.-Governor's murder, except in Col. Abbott, that is very heartily grieved for his death, and most zealous towards the persecution of the murderer, who this morn, I was told, was not chained, tho' yester morn, immediately I recd. your Excellency's letter, I sent for the Marshall and shewed him your Excellency's order. Col. Abbott hath much to say when you will be pleased or your great charge will permit your Excellency to be here; in the meantime I humbly beseech your Excellency will not cause the murderer to be tried until you are present. And I humbly beg likewise that this I write may be concealed, because I find I have contracted much envy, if not hatred, for my sincerity and civility to Col. Elrington. Mr. President hath ordered a meeting of Council and Assembly on Saturday next, when (if I rightly am informed) I am to know something that will be to me displeasing. Signed, Aza. Pinney. Addressed. 1½ pp.
487. iii. Richd. Abbott to Governor Codrington. Nevis, May 12, 1702. Replies to the "mighty slight that was made of the prisoner that had committed so bloody a fact in killing our Governor. When I made enquiry how that blood-hound was secured, I found him in a very fair way to make his escape, the officers vowing to prieve him, upon which I caused drums to beat, and in some very small time had three companies of men belonging to my Regiment under arms and lined our prison round. The villain was committed without being fettered or handicuft, and only turning the key of a slight lock. I have presumed still to continue a Commission officer, sargent and three files of men day and night. I question not but your Excellency may be informed other ways, and by such who have shewn too great indignation ever to justify themselves. I am constrained to make use of the plural number, because I know them too culpable; never poor gentleman so mortified by a peculiar people, as the deplored and dear Soul that have been sacrificed to support Justice. I hope your Excellency will order a speedy trial and some good person learned in the Law for the drawing up his indictment, etc. Signed, Richd. Abbott. Addressed. Sealed. 1¾ pp. [C.O. 152, 4. Nos. 98, 98.i.–iii.; and (without enclosures) 153, 7. pp. 491–493.]
May 14.
488. Journal of Council of Trade and Plantations. Bishop of London's paper [May 12] considered, and some notes taken to be communicated to Mr. Chamberlain.
Ordered that a copy of the fourth Article, relating to clandestine marriages in Pennsylvania, be sent to Mr. Penn, and that he be desired to come prepared on Tuesday next, to answer the objections that may be made against the said Act, and to shew the reasonableness of it. The notes referred to were:—The 26l. allowed to Mr. Vesey for house rent was given by an Order of Council of New York, Dec. 14, 1698, and to continue till further order. It does not appear that this Order has been revoked. However, this Board is of opinion that it still be continued, and that the Governor be directed to represent to the Assembly, that they ought to provide for a House for the Minister. (2). The disposal of escheated lands ought properly to be offered to the consideration of the Lord High Treasurer, etc.
May 15. Representation upon the Address from the Assembly of Virginia was agreed upon. [C.O. 391, 15. pp. 22–25; and 391, 96. Nos. 87, 88.]
May 15.
489. Lt.-Governor Beckford to Mr. Secretary Vernon. Yours of Feb. 22, 170½, with enclosed Instructions, came to my hands the 13th inst., but whether Brigadier Selwyn ever received the original Instructions from the Lords Justices of Oct. last, I know not, but believe he did not, because Adm. B. told me they never came to his hands. However, if they had, he could have done little more than he has, for it could not have been prudence in him to have stirred out from hence whilst Château-renault lay with three times his strength to windward, and we daily expected the French would bring down their force and attack us. It's past all doubt that the French have prevailed wonderfully with the Spaniard both in amity and trade for these 12 months past, for all their ports have been open to them, and the French have put their officers therein, and have received all their orders from the French Court; several ships from France that brought them arms and ammunition have had particular orders for a Free Trade, to compensate their charge: by these and several other wayes they have now advanced their commerce considerably in the Indies, and have barred all others, but whether this proceeds from Love or Feare in the Spaniard, further time must shew, but by all that ever I could learn, 'tis most from the latter; and that which has most startled them is their having French officers put upon them, which will, I hope, in time render them uneasye. If it shall be thought fit to send more ships hither, there must be care taken to send supernumerary sailors in them, and some way found out to send 10, 20 or more seamen on the King's account in every merchant ship bound for this Island, otherwise the Fleet will constantly want men. The way to obviate the French's getting the trade of the negroes wholly into their hands, in my opinion, must be: (1) To keep frigotts on the coast of Carthagena and Porto Bello. (2) To obstruct their trade by our frigotts, and all other possible wayes and meanes on the Coast of Guinea. (3) To hinder all English merchants from making any contracts with the French, and to prevent their delivering their negroes at any place or island, perticularly the Cape de Verd and adjacent Islands, and Hispaniola, or at any Spanish Port; by this means the French will be made incapable to furnish the quantity contracted for, and their Assiento (for the introduction of negroes) must break the first year, and then the Spaniards will be glad to take them of the English, for the French can never furnish the number the Spaniard must have except assisted by both English and Dutch. As soon as A ... B ... e [? A[dmiral] B[enbow]e] and selfe have further consulted about the Instructions, I shall further advise you abt. this matter. In the meantime I had not given your honour the trouble of this, if you had not notified that the Fleet still remained under your care. I hope if I shall have done amiss in it, you will excuse me to my Lord Manchester. Signed, Pe. Beckford. Endorsed, R. Sept. 10, 1702. 2 pp. [C.O. 137, 45. No. 5.]
May 15. 490. Minutes of Council of Barbados. The President produced a packett which he had received last night, with a letter from the Privy Council announcing the death of King William and instructions to proclaim Queen Anne; together with a letter from the Council of Trade with H.M. Declaration at her first sitting, etc., etc.
Ordered that on Monday, May 18, be the occasion for the solemnity of proclaiming H.M., and that notice be given to all persons in office to attend the President and Council there, etc.
Letter from the Council of Trade with enquiry as to the Court of Admiralty read. [C.O. 31, 6. pp. 215–219.]