America and West Indies: June 1702, 16-20

Pages 390-405

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 16. Representation upon the Remonstrance of the Inhabitants of the Bahama Islands against Capt. Hasket, signed.
Report of Sir John Cooke read. Ordered that a copy be given to Mr Penn and Col. Quary, if desired.
Ordered that Col. Quary and Mr. Randolph be desired to lay before the Board in writing what they have to offer concerning Col. Hamilton's mismanagement in relation to illegal trade, and other matters within their trust.
June 17. Letter from Governor Selwyn, March 30, etc., read. Representation agreed on relating to the present state of that Island.
Two Acts of Jamaica, March 17, were laid before the Board.
Mr. Randolph laid before the Board a Paper of Articles against Mr. Penn, which were read. The last of those Articles, relating to Mr. Markham's imprisoning Mr. Randolph in 1689, until he had delivered up to him a Plantation Bond of 1,000l., was confirmed by Col. Quary. Whereupon ordered that when Mr. Penn comes next to this Board, he be asked concerning the state of that matter, and where the said Bond now is.
Col. Quary's answer concerning Col. Hamilton read.
H.M. Letter to Governor Nicholson committed to the care of Col. Quary. [C.O. 391, 15. pp. 86–91; and 391, 96. Nos. 105–107.]
June 15.
600. Minutes of Council of New Hampshire. Upon the advice of the arrival of H.E. Col. Joseph Dudley at Boston, Governor of the Massachusetts Bay and New Hampshire, it is thought meet that a congratulatory Address be sent to H.E. with all expedition from H.M. Council in this Province. [C.O. 5, 789. p. 89.]
June 16.
New York.
601. Governor Lord Cornbury to the Council of Trade and Plantations. I trouble your Lordships with this only to acquaint you that by the many complaints the people of this Province well proved against them, I have thought it convenient to suspend from the Council Mr. Atwood, Mr. Weaver, Col. D'Peyster, Dr. Staats and Mr. Walters; their behaviour at large your Lordships shall have by Capt. Caldwell, Commander of H.M.S. Advice. Being informed the said Weaver had a design to goe out of this Province, I ordered him to be seised and required him to give bail for his making up his accounts, which he did in the penall sum of 4,000l., but in two or three days afterwards he ran away. I have issued a Proclamation with a reward for the apprehending of him. I hope it will have a good effect. Signed, Cornbury. Endorsed, Recd. Nov. 30, Read Dec. 3, 1702. Holograph. 1 p. [C.O. 5, 1047. No. 55; and 5, 1119. pp. 213, 214.]
June 16. 602. Wm. Atwood and T. Weaver to the Council of Trade and Plantations. We humbly desire to inspect your Lordships' books for the following papers (1693–1698). The papers enumerated include several of Lord Bellomont's letters, and refer to Honan, piracy, etc. Signed, Wm. Atwood, T. Weaver. Addressed. 2½ pp. [C.O. 5. 1084. No. 2.]
June 16.
603. J. Burchett to William Blathwayt. His Royal Highness having had some intimation given him that the ships of war, which were annually appointed to attend on New England, are of noe service there in the winter months, because then that country is generally frozen up, I am commanded by his Highness to desire, that you will consider with the rest of the Lords of the Council for Trade and give yr. opinions, whether the ships may not be directed to repaire towards England in the month of October, and others be appointed in their room, so as to be there at a proper season of the yeare. Signed, J. Burchett. Endorsed, Recd. Read June 18, 1702. Addressed. 1 p. [C.O. 5, 862. No. 118; and 5, 910. p. 220.]
June 16.
604. Council of Trade and Plantations to the Queen. Give an abstract of the charges of the inhabitants of the Bahama Islands against Governor Hasket. Continues:—Since his arrival here he has once attended us, and seemed prepared to make his defence, but has absented himself, and is not to be found, notwithstanding all the enquiries we have been able to make after him. We have communicated the foregoing informations to the Lords Proprietors of the Bahama Islands, but have received no answer. Upon the nomination of this person by the Lords Proprietors, we did humbly propose that security might be given for his behaviour (which we humbly conceive might have prevented these mischiefs) but could not obtain the same from the Lords Proprietors. Quote from Representation, April 17. We likewise humbly propose that the inhabitants being generally a disorderly people at present without either Governour or defence, your Majesty would please to signify your directions to the Proprietors that they take due care for the security of the said Islands, and for sending thither a Governor who may have your Majesty's approbation as by Law is requisite. Signed, Rob. Cecill, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. [C.O. 5, 1290. pp. 28–32.]
June 16. 605. Edward Randolph to the Council of Trade and Plantations. Articles against William Penn, the pretended Governor of the Three Lower Counties on Delaware Bay. (1) He assumes the Government of those Counties, with no legal right. (2) He taxes H.M. subjects there, and exacts customs and lays 8d. per tun upon all foreign vessels, which is destructive to the trade of England, whilst the inhabitants ship off great quantities of tobacco yearly from thence to Scotland directly. (3) He has not qualified himself to be Governor by being first allowed of by his late Majesty's Order in Council. (4) He hath (since he went over last) made Laws destructive and repugnant to the Acts of Trade, etc., but for the encouragement of illegal traders. (5) He hath assumed to himself the third part of all penalties and forfeitures granted to H.M. by 7 and 8 William III, which were not before particularly disposed of in the said Act. (6) His late Governor, Mr. Markham, hath also assumed to himself H.M. third part of two forfeitures, and converted them to his own use. (7) Refers to Markham's behaviour with relation to Deplovey's bond, 1689. Signed, E. Randolph, S. G. Endorsed, Recd. Read June 17, 1702. 1 p. [C.O. 5, 1261. No. 110; and 5, 1290. pp. 35–37.]
June 16.
At the House
of Grandsire
at the Flatts.
606. Minutes of Council of Bermuda. Resolved that a Battery be made at the Town Cutt, and three guns mounted, and two guns placed at the northernmost part of Stokes Island.
Ordered that two men attend Capt. Brooks at the Fort upon demand at 12s. per annum apiece, to be by him chosen out of the four. [C.O. 40, 2. p. 47.]
June 16. 607. Minutes of Council of the Massachusetts Bay. Lord Cornbury's acknowledgment of the letter from the Council [June 1] read.
Ordered that Capt. Wormall be heard to-morrow.
June 17. Capt. Wormall heard, and Mr. Treasurer, as to what he had to object to Capt. Wormall, as to the trade with the Indians and the subsistence of the Indians.
H.E. proposed to visit H.M. Castle on Castle Island this afternoon, and invited the Gentlemen of the Council to attend him.
June 18. Upon consideration of the complaints against Capt. Wormall, Commander of H.M. Fort at Cascobay, and truck matters there, and of his unacceptableness to the Indians, advised that he be dismist and that H.E. think of a suitable person to supply his place.
Upon a representation made by Col. John Pynchon and Lt.-Col. Partridge of several Frenchmen, strangers, residing in the County of Hampshire, and hunting with the Indians in and about the woods there, ordered that they cause strict search to be made by all officers, civil and military, for the said Frenchmen, and to cause them to be apprehended and sent down to Boston, to give an accompt of themselves to H.E. [C.O. 5, 788. pp. 156–158.]
June 16. 608. Minutes of Council in Assembly of the Massachusetts Bay. The Representatives attending, H.E. addressed them. Refers to the accession of Queen Anne—" As in the last autumn the English Nation under a Queen of blessed memory saw the fall of the Spaniards from the expectation of a universal monarchy, so may we under the most auspicious reign of Queen Anne see the defeat of the unjust endeavours of the French King, and the balance of Europe yet kept in the Crown of England. I am particularly commanded to assure you of H.M. good affection and favour to all her good subjects of this Province, and her resolution to take care for your defence and security, towards which she has so early disposed and settled the Government here, and that nothing else shall be wanting, if we shall proceed to what is proper on our parts in this conjuncture. It is true this Province, as well as the other Northern Plantations on the shore of America, are not so immediately profitable to the Crown of England, in the Customs and Revenue, as the Southern parts, where the most profitable commodities are produced. It is therefore justly expected of us that we use all methods to fall into such other articles of trade to supply the Kingdom of England with Naval Stores and other commodities there wanting, of which this Province is capable, that may remove this objection, and that in the meantime we be as little chargeable to the Crown as may be, especially that we take care that our trade be kept within the strictest bounds of all Acts of Parliament, and that all false trade and piracies be with utmost diligence prevented and suppressed.
"We may expect every day to hear of a direct War, which will involve us into our usual troubles with the French and Indians, for the support of which I must desire you to take care that there be a supply of men and money. I very well know that the inland parts our Frontiers lie long, and very much exposed to their insults, and how impossible it is to raise, much less to support so much force as is necessary to make every small settlement safe. But so much must be done as is within our power for the honour of the Crown, and security of every part of the Government, and that will move H.M. to support us in the rest. And here particularly I must recommend to you the resetling the Fort at Pemaquid, or at least a fortification in that part. There is no other Province where there is not provided a fit and convenient House of the Governor, and a setled salary for the Governor, Lt.-Governor, Secretary, Judges and all other Officers, which therefore is recommended to you. And since this Province is so particularly favoured by the Crown in more instances than one, their more ready obedience is justly expected in this and all other occasions. The season of the year is so far advanced, and my attendance required in the next Province, as well as the visiting all the Frontier parts, that I must desire you to use all possible expedition, and not suffer yourselves to be delayed by any private matters whatsoever."
The Assembly having withdrawn, a letter from Constantine Phipps was read and sent down expressing his opinion that the Province was happy in H.E.'s appointment as Governor.
June 17. H.E. proposed that a present be made to the Captain of the Centurion, who brought him over.
The Representatives attending, H.E. gave permission for his Speech to be printed. The Speaker read an Address of the House thanking H.E. for his speech. The Representatives withdrew.
H.E. read a letter from Lord Cornbury, in favour of William Veazie, lately expelled the House of Representatives.
Ordered that Mr. Speaker be asked for information, that so a proper answer may be made.
Message from the House, desiring to have a reconsideration of the Tax Bill, lately sent up, before it be engrossed. Granted.
June 18. H.E.'s proposal of yesterday, for a present to be made to Capt. John Hearne, referred to the Representatives. [C.O. 5, 788. pp. 349–353.]
[June 17.] 609. Col. Quary to the Council of Trade and Plantations. My employment under H.M. in Pennsylvania and the Jerseys gives the advantage of knowing very well the severall intrist, devisions, and distractions of those Governments. The inhabitants of the Jerseys have been always divided into two different factions; the united intrist of the Quakers being one, and the rest of the inhabitants the other. Col. Hamilton was always (till of late) of the faction in opposition to the Quakers, but finding that they opposed him in all things that concerned his private intrist, he thought fit to change his party, and became the head of the Quakers' faction, in which he hath been for at least fouer years, and is so zealous an assertor of their cause and intrist that the rest of H.M. subjects complain of great oppressions and hardships received from him in favour of the Quakers. The heat and distractions of that Government is now grown to that height, that nothing but H.M. sending a prudent Governor altogether unconcerned in their quarrels and differences can secure the peace of the country. The people having imprisoned him, and as they generally complain he hath very much opprest them, so that the prejudice and resentments on both sides is so very high that it is impossible to reconcile it. Col. Hamilton is a man of good sense and parts; but considering the present state of those Provinces, and how far he hath been actually concerned in all the differences and distractions of the two factions, he is the most unfittest person for that Government in the world. That he is wholly in the Quaker interest, in opposition to the rest, may appear by Mr. Penn's making him his Lt.-Gov. of Pennsilvania, altho' he very well knew that he was not qualified as the Law requires. As to what concerns his incouraging and countenancing illegal trade, it being before my time, I must leave to Mr. Randolph's representation of it. Since he was appointed Mr. Penn's Lt.-Gov., he hath opposed the authority and jurisdiction of the Admiralty contrary to the Act of 7 and 8 William III. Signed, Robt. Quary. Endorsed, Recd. Read June, 1702. Holograph. 2 pp. [C.O. 5, 1261. No. 111; and 5, 1290. pp. 38–40.]
June 18.
610. Council of Trade and Plantations to H.M. Commissioners of Customs. Col. Quary has shewn so much zeal for the service of the Crown and given such evidences of his ability in the matters committed to his trust, that we conceive he will deserve all further encouragement from H.M. and your Board. Signed, Robt. Cecill, Ph. Meadows, Wm. Blathwayt, Jon. Pollexfen, Mat. Prior. [C.O. 5, 1290. pp. 43, 44.]
June 18. 611. Edward Randolph to the Council of Trade and Plantations. Articles of complaint against Col. Hamilton, Governor of West New Jersey, with relation to illegal trade :— In 1695, I found in the books of James Williams, Collector of Customs in Pennsylvania an entry: "1695, William Wrighton, William and Mary of London, bound to Newcastle in England with 100 hhds. of tobacco." But he went directly to Scotland. On his return, he imported 30 or 40 tuns of Scotch coal, from Scotland, and in his way going up with them aboard to Burlington, was seized by Capt. Thomas Meech. [See Cal. A. & W. I., 1696. No. 2304, etc.] Col. Hamilton, then Governor of West New Jersey, denied Meech's power to seize. Afterwards Edward Hunlock, whom I deputed Collector of that Province, seized but did not prosecute, because Col. Hamilton had, upon a petition of Maurice Trent, the owner, and Wrighton, the master, setting forth that the French took their clearings for the coal, etc., in some port in England from them at sea, permitted the vessel to be apprized, and accepted of their bond to produce certificates thereof in a year's time. I find no reason for their giving such a bond, but to get their vessel from the prosecution. About 1698, I desired Governor Bass to demand the bond of Col. Hamilton, and to put it in suit. But he told him, that if he had the bond, I should not have it, nor would he deliver it to any I should order to receive it. Col. Hamilton has destroyed a bond of about 200l. to the King, which he is certainly accountable for to H.M. Signed, Ed. Randolph. S.G. Endorsed, Recd. Read June 18, 1702. Holograph. 1¾ pp. [C.O. 5, 1261. No. 113; and 5, 1290. pp. 40–42.]
June 18.
[18, 4 M.]
612. William Penn to [? William Popple]. I here inclose my complaints against Col. Quary, and also desire the Lords to have coppys of his proofs allowed me, and the persons' names (if any more than those named to me) incerted, that they may the better know how to cleare their reputation in America. My rejoynder to his replye to my answear will waite on the lords as fast as I can. Our disapointments at the Temple have retarded all, and lost my time in expectation and attendance, which is all that now offers from Thy assured Friend, Wm. Penn. Endorsed, Recd. 19th, Read June 26, 1702. Holograph. 1½ pp. Enclosed,
612. i. Complaints of William Penn against Col. Quary. (1) His unacquaintance with the Civil Law makes him uncapable of executing so great a trust. (2) His extending his Admiralty Jurisdiction to cases not only cognizable but proper to Common Law Courts, taking all cases that relate to the water, tho' infra corpus comitatus, and where the River is not a mile over, and in the freshes. (3) He is the greatest merchant in the Province, and yet is both Judge of the Admiralty and Surveyor of the Customs. (4) He has been Judge in his own case, forasmuch as he has the King's Third for his salary, as he has told me, or expects it at least. (5) He has been partial in his administration. First he seized a sloop belonging to one Naylor, upon a slight information of foul trade, never proved, as I hear, against her; and tho' sufficient security was offered him, had her appraised at 15l., and afterwards hired her himself for Carolina; and at her return, not only paid no freight, but obliged the poor widow, the owner, to sell her vessel to great loss, to satisfy the aforesaid appraisement. (2) I desire he may be asked, if the Curroso vessel, so much talk'd off, was seized till she was sold by the transgressors to honest men, who were rebuilding of her, at her seizing, and the sellers gone out of the Province to New York? (3) If Robert Web, Marshal of the Admiralty, did not first inform against the Calipatch, and get the owners of her afterwards admitted for informers to save ⅓, which had been the greatest transgressors in the trade, of the whole River. (4) His known rigour (presum'd for lucre sake) against the Providence. Her goods were appraised low at the instances of Quary or John Moor, Advocate, that the owners might come at easy rates, no malice or design of fraud appearing. But after appraisement, 2/3 were sold, the King's ⅓ by Col. Q., the other by the Advocate, as Informer, at rack-values, which is presumed to be 70 if not cent. per cent., for by a re-appraisement of my ⅓, that I declared from the first I would resign to the owners, the value of the 2/3 was settled, and that was 50 or 60 per cent. above the first appraisement, and the appraisers offered to take them off with ready money at that rate; which whole story of their garbling a fair trading ship for their private ends was the dishonour and is still the suffering of the Province in reputation and trade; and it is suspected that Col. Quary and the Advocate went halfs in his ⅓. However, the overplus was worth above 200l. to them upon the 2/3 as first appraised. (6) The Queen, I fear, has been unfairly dealt with in other appraisements of forfeitures, as comparing them with Col. Quary's sales will better appear.
Col. Quary and I lived well together till (1) that I did, in obedience to the High Court of Admiralty in England, grant an Order to appraise the ship and goods of Lumby (the Providence), seized, condemned and divided by Quary; and that discovered the abuse of the first appraisement, above 50 per cent. as I take it. (2) I refused to let him condemn Gillham's goods taken on several he sold them to at Lewis, as forbidden trade, that he might be let in for his ⅓, since Gillham was a Pyrate. (3) Because he had heard in Virginia, and also from England that I had sent five affidavits home against him, and for that reason he privately sent home the copy of the water-bailiff's Commission, as complaint of an encroachment upon his Commission of the Admiralty, without giving me a previous notice, according to his promise, that we might have jointly represented that matter to the Lords. But to do him right, when he perceived the story false, and that I never sent one, he pretended to attempt the recovery of that letter from New York, and to go on with me in our former friendly correspondence, till sent for home to throw dirt upon me, the people and government of Pennsilvania, for what ends may easily be imagined. Signed, Wm. Penn. 3¾ pp. [C.O. 5, 1261. Nos. 112, 112. i.; and (without covering letter), 5, 1233. No. 37; and 5, 1290. pp. 65–70.]
June 18.
St. James's.
613. Order of Queen in Council. That the Earl of Nottingham transmit a copy of the Representation [June 16] to the Lords Proprietors of the Bahama Islands, with signification of H.M. pleasure that they take due care for the security of the said Islands, and for sending thither a Governor, who may have H.M. approbation, as by Law is requisite. Signed, John Povey. Endorsed, Recd. 23, Read June 26, 1702. ¾ p. [C.O. 5, 1261. No. 114; and 5, 1290. p. 88.]
June 18. 614. Copy of Commission from the Lords Proprietors of Carolina to Sir Nathaniel Johnson, Kt., to be Governor of South and North Carolina, with power to appoint a Deputy Governor or Governors, etc. "We do further give you a full power and authority, with the advice and consent of any three or more of our deputies to grant and sell lands in fee, reserving 12d. for 100 acres per annum as an acknowledgment, and to settle the quit-rents by patents or indentures," etc. Signed, J. Granville, Palatine; Craven; J. Granville for Lord Carteret, John Colleton. [C.O. 5, 289. pp. 92, 93.]
June 18. 615. Instructions for Governor Sir Nathaniel Johnson. You are to follow such rules as we have given in our fundamental constitutions, temporary laws and instructions to former Governors. You are with the assistance of the Grand Council, to inspect into all our constitutions, and what of them you shall think most expedient for the better establishment of our Government, for the good and welfare of our people, you are to present to the General Assembly for their concurrence. And we will and ordain that what shall be by you and our Grand Council and Assembly so agreed on, you cause to be transmitted to us, that the same may be considered of and ratified under the hands and seals of us the Palatine ourself and three or more of us the Lords Proprietors ourselves before they are published and put in execution as Laws in Carolina. Any Law, before it hath been ratified, shall cease to be a Law whenever we, the Palatine, and three or more of us, the Lords Proprietors, signify our discent to it under our hands and seals. You are to take all imaginable care to see the Acts of Trade and Navigation duly to be observed. You are, with our Trustees, to use your endeavour for the selling of land, but to reserve a quit-rent of 12d. a year for 100 acres and so proportionably, your price for the same near the settlements not to be under 20l. a 1,000 acres, and 200 miles distance, or near the mountains, 10l. for 1,000 acres, and not under; and also to grant land at 1d. an acre yearly quit-rent, and that all future grants contain a provision to make the land escheat unless a settlement be made within 4 years; not above 200 acres to be let to any one person without a warrant under our hands and seals. But for the lands in Albemarle County, you are to sell the same at such rates and prices as by our Instructions to our late Governor, John Archdale. You are to cancel all our blank deputations for Landgraves and Cassiques. You are to take great care that the Indians be not abused, and that all means may be used to civilize them, and that you endeavour your utmost to create a firm friendship with them, and to bring them over to your part for your better protection and defence against the enemy, the neighbouring French and Spaniards, against whom you are to protect our said Province. And we assure you of our utmost assistance for your security. Having received complaints from the Commissioners of Trade against an Act past in Carolina, March 1, 1700/1, for the better regulating the proceedings of the Court of Admiralty, etc., the copy of which Bill transmitted us came not to our hands, or we have not the same by us, therefore we direct you, with our Grand Assembly, to inspect into the same, and to make all the necessary and due alterations therein, and send us the same for our determination. You are to transmit to us, as soon as you can conveniently get it hansomely transcribed, a full and exact account of our yearly rents. Signed as preceding. [C.O. 5, 289. pp. 93, 94.]
June 18. 616. Copy of Commission from the Lords Proprietors of Carolina to James Moore to be Receiver General of South Carolina. Signed as preceding. [C.O. 5, 289. p. 95.]
June 18. 617. Copy of Instructions from the Lords Proprietors of Carolina for James Moore, Receiver General. Signed, J. Granville, Palatine, Craven, J. Granville for Lord Carteret. [C.O. 5, 289. pp. 96, 97.]
June 18. 618. Copy of Commission from the Lords Proprietors of Carolina to Job Howes to be Surveyor General of South Carolina. Signed, J. Granville, Palatine, Craven, J. Granville for Lord Carteret, J. Colleton. [C.O. 5, 289. p. 97.]
June 18. 619. Copy of Instructions from the Lords Proprietors of Carolina to Job Howes, Surveyor General of South Carolina. Signed as preceding. [C.O. 5, 289. pp. 98, 99.]
June 18. 620. Copy of Commissions from the Lords Proprietors of Carolina to Governor Sir Nathaniel Johnson, James Moore, Receiver General, Nicholas Trott, Attorney General and Job Howes, Surveyor General, to grant, sell, and convey lands in fee and to examine and audit accounts. [C.O. 5, 289. p. 99.]
June 18. 621. Copy of warrant from the Rt. Hon. John Granville, P.C., Palatine, and Guardian to John, Lord Carteret, one of the true and absolute Lords Proprietors of Carolina, appointing Thomas Broughton to be a Lord Proprietor's Deputy for the said John, Lord Carteret. Signed, J. Granville, Palatine. Mem. Another warrant of the same date was signed by my Lord Craven constituting John Berisford to be his Lordship's Deputy in Carolina. [C.O. 5, 289. p. 100.]
June 18. 622. Lords Proprietors of Carolina to James Moore, Receiver General of South Carolina. Warrant to pay Governor Sir Nathaniel Johnson 200l. per annum for his salary. [C.O. 5, 289. p. 100.]
June 18. 623. Copy of Commission and Instructions from the Lords and Proprietors of the Bahama Islands in America, to Edward Birch, Governor of Providence and Eleutheria, and the rest of the Bahama Islands. Similar to that formerly granted to Nicholas Trott, "as it is entered down in the second Great Book belonging to the Lords Proprietors," with these additional Instructions:—(xi) You are to receive for our use 1/10th part of all the salt gathered on Axuma, or any other of our Islands, as also the 1/10ths and 1/5ths of our royalties according to the reservations in the respective licenses granted to persons to fish for and take the same. (xii) You are to keep exact account of all you receive for us, and to ship the same for England, and consign the same to us, and for your pains to receive the 1/7th part of our share reserved to yourself. You are in conjunction with three or more of our Deputies with all convenient speed to inspect into and examine upon oath the particular occasions of the late disturbances between our late Governor Col. Haskett and the inhabitants. and to cause all and singular the goods, money and effects whatsoever of the said Col. Haskett seized upon in the said commotion to be restored and laid up till all parties on both sides can be heard, that the injured may have right done them. 2,000 pieces of eight of the money seized were the effects of us, the Lords Proprietors, and a quarter share of the Providence galley, which Col. Haskett brought with him from England, doe belong to our Palatine, and another quarter share to my Lord Craven. Of your proceedings herein you are not to fail of sending us notice, in order for our further Instructions. Signed, J. Granville, Palatine, Craven, Berkeley, J. Granville from Lord Carteret, J. Colleton. [C.O. 5, 289. pp. 101, 102.]
June 18. 624. Full Copy of above Commission. Signed as preceding. Endorsed, Recd. July 16, 1702. 4½ pp. [C.O. 5, 1261. No. 120; and 5, 1290. pp. 131–135.]
June 18. 625. Copy of first part of above Instructions. Signed as preceding. Endorsed, Recd. July 16, 1702. 3½ pp. [C.O. 5, 1261. No. 121; and 5, 1290. pp. 136–141.]
June 18.
626. E Dummer [? to the Council of Trade and Plantations]. Proposed terms for settling a Monthly Intelligence between England and the West Indies. Signed, E. Dummer. [C.O. 323, 3. pp. 168, 169.]
June 18.
627. Council of Trade and Plantations to the Queen. Refer to Governor Selwyn's letter of April 10, and his death. We humbly offer that the authority and presence of a Governor-in-Chief is absolutely necessary to prevent the inhabitants falling into their former dissentions, and, to the end that no time be lost in forwarding the fortifications, your Majesty give your Royal order to the Commander-in-Chief for the time being to use his best endeavours with the Assembly that they make provisions of money and materials for the building the Fort mentioned. Signed, Robt. Cecil, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior. [C.O. 138, 10. pp. 340, 341.]
June 18.
628. Journal of Council of Trade and Plantations. Letter to the Commissioners of Customs signed.
Letter from Col. Beckford, Jamaica, April 9, read.
Representation upon the present state of Jamaica signed.
Mr. Dummer laid before the Board a proposal of terms for putting in practice a monthly intelligence between England and the Island Plantations in the West Indies, which was read. He was directed to call to-morrow.
Mr. Randolph laid before the Board a paper concerning Col. Hamilton's conduct in West New Jersey in relation to illegal trade, which was read.
Mr. Blathwayt communicated to the Board a letter from Mr. Burchet, by order of H.R.H., relating to a proposal that the ships of war appointed to attend on New England, may return to England in the winter, and others be sent in a proper season in their stead, which was read.
June 19. Letter to the Lord Cornbury in favour of Mr. Graham signed.
A paper drawn by Major-General Selwyn at Jamaica, relating to the powers of Admirals, was communicated to the Board and read. Mr. Dummer, attending, his proposals were considered. Directions given for preparing an answer to Lord Nottingham on that subject. [C.O. 391, 15. pp. 92–95; and 391, 96. Nos. 108, 109.]
June 18.
Royal College
of William
and Mary.
629. Minutes of Council in Assembly of Virginia. This day being appointed for performing the solemnity of proclaiming H.M. Queen Anne, and but few of the Gentlemen of the Council come to town, the Council adjourned.
June 19. See following abstracts.
June 20. The House adjourned. [C.O. 5, 1409. pp. 617, 618.]
June 18.
College of
William and
630. Journal of House of Burgesses of Virginia. H.E. desiring the House to attend the solemnity of proclaiming the Queen, resolved accordingly.
Resolved, that it be a standing rule that 15 members with the Speaker be a sufficient number to adjourn.
June 19. Letter from the Privy Council to H.E. notifying the death of King William etc. sent down. H.E. acquainting the House that H.E. and Council intend immediately to proceed to the proclaiming of her Majesty, and desiring the concurrence of the Burgesses, the House signified that it was ready to attend.
June 20. The following Members took their oaths and seats as Burgesses: William Basset, New Kent County; John and Nathaniel West, King William County; James Taylor, King and Queen County; Adam Thorowgood, Princess Anne County.
The return upon the writ for election of Burgesses in King William being read, ordered that a Committee for Elections and Privileges be appointed on Monday.
Miles Cary, jr., being Clerk of the Committee of Claims and of the Court of Warwick County, was granted leave to attend the latter on Monday.
Miles Cary, a Member of the House, granted leave to attend that Court. [C.O. 5, 1408. pp. 427–429.]
June 19. 631. A state of the Admiral's new power and the inconvenience. [A paper drawn by Major-General Selwyn, late Governor of Jamaica, about the powers given to Admirals of Squadrons to press men in the Plantations.] He [? Benbow] has gained from the Admiralty two points; (1) To make a distinction in the colours of Jacks commissioned by Governors. (2) To press, with my permission, as well land-men as sea-men, at least such land-men as has served at sea.
The first of these points makes my colours subordinate to his, which are the King's, and consequently claims a right to command wherever he meets them, this takes off the independency the privateers ought to have from any King's ship, without which they will not be induced to settle with us for fear of pressing. As to the second point, my authority reaches no further then the sight of the Island and Harbours of Port Royal for protection, now whenever I deny him to press, tho' unreasonably demanded, he may and will take men where he can find them, out of sight of the Island, and the words "Landmen" will justify him to press inhabitants and privateers, this point absolutely ruins the whole bysyness of privateers settling here and will make them all run to Currisaw, by which the Dutch will reap the benefit from the English, unless independent from the King's ships, and secure from pressing. The pressing Landmen is the greatest grievance imaginable in this country, which is almost undone for want of white men, the sense of which made these people pass a law to pay eight pounds per every head for passages from England, and for encouragement to bring white servants, artificers, etc., which is much more then ever the King or Parliament allowed for raising soldiers. This Law expired last summer, and the mutinous Assembly would not receive it, nor will any Assembly ever do it, if their people may be prest. The only way in nature that can be thought of to man the King's ships is to send supernumerary sailors in merchants ships to recruit the men-of-war in these parts, for this country, that has not above three thousand white men fit to bear arms, will rather be ruined than protected by a fleet that dispeoples them. No signature. Endorsed, Recd. Read June 19, 1702. 2 pp. [C.O. 137, 5. No. 69; and 138, 10. pp. 342, 343.]
June 19.
632. Council of Trade and Plantations to Governor Lord Cornbury. A petition having been presented to us by Mr. Augustin Graham relating to the place of Surveyor-General of the Province of New York, and Graham appearing to us a person very well inclined to H.M. service, we send your Lordship a copy thereof, to do therein as your Lordship shall think most fit. Signed, Rob. Cecill, Ph. Meadows, Wm. Blathwayt, John Pollexfen. [C.O. 5, 1119. pp. 144, 145.]
June 19. 633. Minutes of Council of the Massachusetts Bay. Upon reading at the Board H.M. Proclamation for the encouragement of piety and virtue, and for the preventing and punishing of vice, prophaneness and immorality, Whitehall, March 26, 1702, advised that H.E. do order the reprinting of it, and that it be from time to time publickly read in all Courts of Justice within this Province immediately before the charge be given to the Grand Jury, and do thereto subjoin a Proclamation requiring all Judges, Justices of the Peace, Grand-jurors, tything men, and all other officers, civil and military, etc., to do all that in them lies to detect, discover, bring forth and convict all persons transgressing and offending against the wholesome laws and statutes made and provided for the suppressing and punishing of excessive drinking, blasphemy, prophane-cursing and swearing, lewdness, profanation of the Lord's day, and other dissolute, immoral, and disorderly practices, and to take effectual care that the Laws against such be vigorously put in execution, and by the piety and virtue of their own lives and conversations do invite others to a desirable imitation thereof; and further recommending it to the Ministers of the several Congregations publickly to read the said Proclamation the next Lord's Day after the receipt thereof, immediately after the ending of Divine Worship in the afternoon, and to enforce the same with a suitable exhortation, and so once every quarter.
12l. paid to the Town of Dunstable towards the maintenance of their Minister.
June 20. H.E. acquainted the Board, that by intelligence from England last night he was notified of the Declaration of War, but had no Order from H.M. to publish the same here. He proposed that notice be given to the Captains of H.M. ships of war now in port, as also to all the Officers for the clearing of vessels outward bound, that the Commanders may have the necessary precaution to take care of themselves; that expresses be forthwith dispatched by a small vessel to be sent to H.M. Forts at Saco and Cascobay, to notify the Commanders to inform the Indians thereof, and withal to assure them of the friendship and protection of H.M. Government, as also to notify the Province galley, now in the Eastern parts, and the fishing vessels at the Isles of Shoals, Richmond's Island, Cape Newaggin, Pemaquid, Monhegin and Cape Sables; also that the chief officer of each regiment of militia be notified thereof, and be directed to order the commanding officer of each company or troop to be watchful in their several posts. The Council agreed, and also advised H.E. to direct Major Jonathan Tyng to use all proper means to persuade Wattanuman and George Tohanto, the two principal Indians at Pennicooke, to attend H.E. and Council in Boston.
The dispatches eastward were sent by Thomas Downing, of Salem, Commander of the ketch Endeavour.
Memorial of John Phillips, Penn Townsend, Nathaniel Byfield, and John Nelson, of their Treaty with the Eastern Indians last spring, read.
H.E. appointed June 27 for the nomination of Judges, Justices, etc., and ordered the Members of Council to be summoned to attend.
H.E. having received a letter this afternoon by the Post from Lord Cornbury, June 13, enclosing a Proclamation for apprehending Thomas Weaver, who, having been suspended by his Lordship from his office of Collector and Receiver-General of New York, had since, in manifest contempt of an order by H.E. and Council, refused to deliver unto the Commissioners appointed by H.E. the books and papers belonging to H.M. in his hands, but conceals himself with intent to avoid accompting with the said Commissioners; 100 pieces of eight offered as a reward to such person as shall apprehend and convey him to Lord Cornbury; Advised that a Proclamation be published for his apprehension accordingly. [C.O. 5, 788. pp. 159–162.]
June 19. 634. Minutes of Council in Assembly of the Massachusetts Bay. Committee of the two Houses appointed to consider James Taylor's report. He was anew chosen Treasurer and Receiver-General.
The public Accounts for 1701 were sent up with a resolve of the Representatives for passing them.
Bill for granting to H.M. a tax upon polls and estates, sent up, was read a first time.
Report upon the public stores of gunpowder, sent up, was read. Ordered that it be read again to-morrow, and that Capt. Timothy Clarke, and any others that can say anything thereto, attend.
June 20. See preceding abstract under date. [C.O. 5, 788. pp. 353–355.]
June 19. 635. Minutes of Council of Virginia. The proclaiming of H.M., appointed for yesterday, was delayed till to-day by reason that the badness of the weather had prevented several of the Gentlemen of the Council and House of Burgesses from coming to town so soon as was expected, and that the funeral ceremonies of his late Majesty continued till almost night. Upon considering of the most solemn manner for proclaiming H.M., ordered that Mr. Speaker and the House of Burgesses be acquainted that H.E. and the Hon. Council intend forthwith to proceed to the performing the same, and desire their concurrence.
June 20. Capt. James Moodie, H.M.S. Southampton, representing that his provisions are near expended, and desiring an order for victualling the ship and that he might be supplied with victuals on credit, was acquainted that there were several Gentlemen in the country who could supply him, if he would secure them as to payment; but that several persons having received bills on the Victualling Office for sums expended on the ships of war formerly here, whereof no payment could be procured, it was to be feared no credit would be had. Capt. Moodie then withdrew. Ordered that a warrant be prepared to be signed by H.E. giving leave to Capt. Moodie to victual his ship for such time and in such manner as he shall judge most convenient and necessary for H.M. service.
Edmund Jennings presenting a Commission under the Great Seal, Feb. 2, 170½, appointing him Secretary of this Colony, ordered that a form of an oath and a bond be prepared.
Capt. John Taylor, Clerk of Charles City County, petitioning for leave to officiate by Deputy, during his absence for his health in England, it was the opinion of H.E. and Council that he could not be authorised to do so, but that he be allowed to recommend a person qualified for that office. [C.O. 5, 1409. pp. 235, 236.]
June 20. 636. Copy of a Commission for constituting Capt. Thomas Handsyde Lieutenant-Governor of Jamaica in case of the death or absence of Col Brewer. Given at the Court of St. James's, June 20, 1702. Countersigned, Nottingham. Endorsed, Recd. Read Dec. 9, 1702. 1½ pp. [C.O. 137, 5. No. 70; and 137, 45. No. 9; and 138, 10. pp. 395, 396.]