America and West Indies: June 1702, 6-10

Pages 378-383

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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June 1702

June 6. Address to H.M. returned and signed. Letter to Constantine Phips, to accompany it, read. [C.O. 5, 788. pp. 343, 344.]
[June 8.]
577. Deposition of John Keble, Sep. 9, 1701. I having many servants in my house, to prevent licentious living, did by the persuasion of a divine, admit two couple of them marriage, according to the order of the Church of England; for which the Minister and I, as well as two free servants, have been prosecuted by order of the Governor for the breach of a law concerning marriages passed by his late Assembly at Newcastle, Oct. 1700. The Divine was fined 20l. and obliged to absent my House to prevent imprisonment. And I have suffered distress to the value of 14l. with the charges of the suit at law, and the two free servants are now under prosecution of the law by William Wilson, Sherrif of Kent. Signed, John Keble. Endorsed, Recd. Read June 8, 1702. ¾ p. [C.O. 5, 1261. No. 106.]
[June 8.] 578. Copy of an Act for preventing clandestine Marriages, past at Philadelphia, Dec. 1701. Endorsed, Delivered to the Board by Mr. Penn. Recd. Read June 8, 1702. 1 p. [C.O. 5, 1261. No. 107.]
June 8.
579. Council of Trade and Plantations to the Queen. Enclosing the following draught. Signed, Robt. Cecill, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior. Annexed,
579. i. Draught of Letter for her Majesty's Signature to the Governor of Virginia. Quotes Representation of May 18. Concludes: Our Will and Pleasure therefore is that you represent to our Council and Assembly of Virginia the irregularity of their proceeding; that you further recommend to them in our name what has been already proposed by our late Dearest Brother for an assistance to be given by our Plantations on the Continent of America to each other, and particularly by Virginia to New York; and that you continue to use your best perswasions to incline them to a voluntary compliance. [C.O. 5, 1360. pp. 179–183; and (rough draft) 5, 1335. pp. 25–33.]
June 8. 580. Journal of Council of Trade and Plantations. Letter from the Earl of Nottingham, June 5, read. Further directions given for preparing draughts of Commissions referred to.
Order of Council, May 31, relating to Seals, read. Ordered that Mr. Harris attend to-morrow.
The Original Surrender of the Proprietors of the Jerseys was laid before the Board, and ordered to be kept entered in a proper book, to be kept henceforwards for the Province of Nova Cæsaria, or New Jersey.
Draught of a letter from H.M. to the Governor of Virginia, relating to the assistance to be given to New York, agreed upon, and a Representation signed, wherewith to lay the same before H.M.
The Lord Bishop of London, Mr. Penn and Col. Quary attending. (See June 4.) Mr. Penn declared that he daily expects the Acts lately past at Philadelphia, but having by him a copy of the Act for preventing clandestine marriages as taken out of the Rolls at Philadelphia, Dec. 2, he produced it, and it was read. And whereas upon reading the former copy received, June 1st, from the Lord Bishop of London, it had been objected that the Ministers of the Church of England are thereby subjected to a penalty in case of their acting any way contrary thereunto, and Mr. Penn had thereupon answered that the Act had never been put in execution, Col. Quary produced a certificate by John Keeble, Sept. 9 last, relating to proceedings made for the breach of that Act, which was read. Mr. Penn replied that those proceedings were not known to him, but that Keeble and the Minister also who married those servants are scandalous persons; and that there had been no sort of publication made of the marriage beforehand, but that it was done in a drunken frolic. The Act now produced by him is different in several particulars from the former, and less liable to exception. He insisted principally upon the necessity of a month's publication before the solemnization of marriages, but declared himself content that a certificate of a publication of banns, as required by the canons of the Church of England, notified or published as directed by the said Act, might be sufficient without the certificate of a Justice of Peace. Mr. Byfield attending, his case was read. He complained of the illegality of the proceedings and verdict against him, as being made by a Jury not sworn, and affirmed that he had not hitherto been able to procure an Appeal. Mr. Penn desired that the witnesses he is able to produce here in town may be heard. But, as to the merits of the case, Mr. Byfield saying that he was willing to refer it to arbitration, Mr. Penn undertook to dispose the adverse party to do the same likewise.
June 9. Mr. Harris attending, promised to prepare drawings for Seals for the Plantations with what dispatch he can.
Mr. Dummer attending, promised to lay before the Board a more perfect scheme of his design, for settling a correspondence with H.M. Plantations, as soon as possible.
Col. Quary and Mr. Penn attending, Col. Quary added, upon the subject of Appeals, that Mr. George Keith did make an oath relating thereunto before the House of Lords. Their Lordships then considered Col. Quary's Memorial, April 20, together with Mr. Penn's Answer and Col. Quary's Reply. The first three Articles, with replies, were read. Col. Quary denied that he ever desired Anthony Morris might be restored to a Justice of Peace, and affirmed that he is a man who has been oft convict of illegal trade. Mr. Penn nevertheless insisted upon the truth of his answer, and that Col. Quary did say he believed Morris innocent in the business of the replevin, for which he had been turned out, and added that they are in a great want of fit men for those employments in Pennsilvania. He did not know Morris had ever been found guilty of illegal trade upon his own account, and only once as a Factor for another, which was the shipping of five barrils of meal, in which were hid so many casks of tobacco by order of his correspondents [at] Boston, and this above five years since.
Upon the 4th Article, Mr. Penn observed, that it relating to the limits of jurisdictions between the Common Law Courts and Courts of Admiralty, the question to be enquired into is not matter of fact but of right, in which the Common Law and Admiralty Lawyers ought both to be consulted. Whereupon their Lordships ordered Col. Quary to draw a state of a case to be sent both to H.M. Attorney and Advocate General, and Mr. Penn desired that he might have notice when the same is to be sent, that he may attend those Gentlemen with what he shall have to offer upon it.
Upon Article 5, Col. Quary said that what he has offered is upon information lately received from Pennsylvania, since his coming here, and for proof of Mr. Parmiter's having been convict of the crimes therein-mentioned, he produced a copy of the Records of Bristol, observing also that he had been only reprieved, not pardoned. To wch. charge Parmiter's having been constituted his Attorney General [sic], he [? Penn] would not give any direct answer, tho' he said he is an injenious man and very capable. As for the crimes objected against him, Mr. Penn said he had been very penitent, and is pardoned under the Great Seal, but produced no proof of it.
Upon Articles 6 and 7, Mr. Randolph declared that the Dedimus therein mentioned had been left with the Secretary of Pennsylvania. Mr. Penn referred himself wholly to his written answer.
As to the qualification requisite for Governors of Plantations, their Lordships resolved at their next meeting to send proper queries to the Attorney General for his opinion thereupon, and Mr. Penn desired that he may have copies thereof, and of the query before-mentioned, as he shall find necessary.
Upon Article 8, Col. Quary said that it is by letters lately received from Pennsylvania that he has been informed that the French are settling themselves on the back of Pennsylvania, about four days journey from New Castle, and that he offered this Article to show the danger of the Country for want of a due provision for their defence. M. Le Fort, a Frenchman, who has lived many years in that country, was heard, at Mr. Penn's request. He said that he was well assured that Mr. Penn had never made any Treaty with French Indians to settle in Pennsylvania. Louis Limosin, mentioned in that Article, was formerly his servant, and is gone towards the New York Indians, which, he said, is directly contrary to the information given by Col. Quary. Limosin and Peter Bezallion, the pretended spies, came to Pennsylvania poor and miserable, and hath been helped by him and other Refugéez to work for their living; Limosin having lived there about 10 years, and Bezallion 13 or 14. He knows of no trade Mr. Penn has had with the Indians but when they come to treat with him, on which occasions (according to their custom), they make some small presents, and Mr. Penn returned to them the double. There is no Nation of Indians established lately in Pennsylvania but the Shavano, who are a peaceable people, being in number not above 30 cabanes at most, and have settled near the Susquehana River.
The three queries sent to Mr. Penn, May 19 last, were read. He said he would answer to them, together with other things, which he has reserved for his general defence, as soon as possible, and hoped to lay the same before the Board in writing towards the latter end of next week. Their Lordships declared to him that they resolved to sit on Monday next, and would continue to do so, de die in diem, for the dispatch of these matters. [C.O. 391, 15. pp. 69–81; and 391, 96. Nos. 101, 102.]
June 8. 581. Minutes of Council in Assembly of the Massachusetts Bay. Daniel Peirce, anew chosen a Councellor or Assistant for the year, took the oaths, etc., appointed.
Letter to Constantine Phips agreed to, was sent down, and returned, signed by the Speaker.
Letter to Lord Cornbury, on behalf of Col. Romer, that he be permitted to stay here for some time to complete our fortifications on Castle Island, was signed, sent down, and returned signed by the Speaker.
Bill for continuing several Acts returned passed.
June 9. Benjamin Browne, anew elected Assistant, took the oaths appointed.
William Payne, by the vote of both Houses, was appointed Collector for the year ensuing.
Bill for granting unto H.M. a tax upon polls and estates, sent up, was read a first time. Message sent to the Representatives to move the House's consideration of a way for a more equal proportioning of the towns.
Resolve of the Representatives agreed to, that, in the vacancy of the General Assembly, it be lawful for the Commander-in-Chief, with the advice and consent of the Council, to transport such part of the Militia as they shall find needful, or oblige them to march into the Province of New Hampshire for the assistance and defence of H.M. subjects and interests within the same, in case of war, at any time or times within 12 months coming.
8l. 13s. paid to James Maxwell, Doorkeeper, for mourning upon the sorrowful occasion of H.M. death.
Petition of Daniel Warren, junr., of Watertown, rejected.
James Taylor, appointed to find the southermost part of Charles River, and the southermost line of the late Colony of the Massachusetts Bay, as anciently run by Nathaniel Woodward and Solomon Saffery, reported his observations, and was directed to acquaint the House of Representatives therewith. [C.O. 5, 788. pp. 344–346.]
June 9. 582. Minutes of Council of Barbados. Petition of John Painter, Commander of the barque Martha, bound from Cork to Virginia, and driven by a storm to Barbados to refit, praying liberty of selling some part of his cargo to pay for same, and praying to be excused powder-money, granted, provided he sell no more than 50l. worth of his cargo.
Ordered that the Commander-in-Chief of the Regiment of Foot Guards raise two companies of the said Regiment as guard to attend every Grand Sessions till further orders.
This Board finding it needful to call an Assembly, writs were issued. [C.O. 31. 6. pp. 232–234.]
June 9. 583. Minutes of Council of the Massachusetts Bay. The thanks of the Board were returned to Mr. Benjamin Wadsworth [see No. 564], and he was desired to give a copy thereof in order to printing the same. [C.O. 5, 788. pp. 153, 154.]
June 10. 584. Minutes of Council in Assembly of the Massachusetts Bay. Petition of the Town of Topsfield, praying for a further hearing with reference to two farms petitioned for by Boxford, granted.
Order of the Representatives agreed to, that the Treasurer receive of Nehemiah Jewett four indented Bills of the late Colony of the Massachusetts Bay.
A proposal offered by Joseph Hill, of Boston, varnisher, that he having proved and found by experience that he can form such engines and make such composition of fireworks as, with God's blessing, shall do greater execution and spoil upon an enemy and contribute more to the defence of any fortification than a considerable number of men can do, he is willing to provide the same, if he might be encouraged by having granted unto him what shall be necessary for the promising of materials, and to support the whole charges incident thereto, was sent up with a resolve of the Representatives that he be allowed 20l. for making an experiment of fireworks for sinking of ships, etc. Agreed to, and a joint Committee appointed to see that the sum be improved accordingly.
Bill for granting unto H.M. a tax upon polls and estates was read a second time, and passed.
Petition of Abraham Preble, Representative of the Town of New York, praying some help may be given it towards the support of the Ministry, sent up. 10l. granted, in accordance with the vote of the Representatives.
Bill, to enable Elisha Cooke to review two judgments given 1686, was read a first and second time.