America and West Indies: June 1702, 22-25

Pages 405-429

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 22.
637. Earl of Nottingham to the Council of Trade and Plantations. The Queen commands me to transmit the enclosed paper for your report. Signed, Nottingham. Endorsed, Recd. 23, Read June 29, 1702. 1 p. Enclosed,
637. i. William Penn to the Queen. The Bill in Parliament this time twelve moneths, relating to Proprietary Charters, obliging my hasty return for England, I left Col. Andrew Hamilton, Governor under the Proprietaries of East and West Jersey, my Lieut. in the Province of Pennsilvania, being but cross an Inland River, and the only person capable of that station besides him that I was obliged to lay aside by the late King's commands. Prays for H.M. Royal Approbation of him, "which had been sooner sought, had not my own long illness after my arrival, the King's death, and the expectation of having the Bill renewed in Parliament delayed my application for it." Signed, Wm. Penn. 1 p. [C.O. 5, 1261. Nos. 115, 115.i.; and 5, 1290. pp. 94, 95.]
June 22.
22 m/4; (Jn).
638. William Penn to the Council of Trade and Plantations. Honble. Friends, I enclose my rejoinder to Col. Quary's reply: also a memorial that comes up to the substance of his charge, which I am ready to disprove, that by so doeing you may think more favourably of wt. distance and time deny the possibility of doing. My health, the season and my family affairs call me out of town, so that I pray for a conclusion of these attendencys, that cannot be pleasant to you and I am sure are very uneasy to your respectfull friend, Signed, Wm. Penn. Endorsed, Recd. Read June 23, 1702. Addressed. Holograph. 1 p. Enclosed,
638. i. A Memorial relating to the complaints against Pennsylvania. Enumerates six heads. [See Cal. passim.] I am ready to disprove 'em by much better authorities [than those of Col. Quary], tho' no ways oblig'd thereunto, that, if possible, we may not lie under the ill opinion [of the Board] from his clamours. Signed, Wm. Penn. 1¾ pp.
638. ii. William Penn to the Council of Trade and Plantations. Rejoinder to Col. Quary's Reply to my First Answer to his Informations about Irregular Trade in my Government. (1) I never heard but of one vessel that played us such a trick. And when he can prove more, and that to my knowledge, I shall have as mean an opinion of my own memory, as I have of his sincerity. (2) An assertion without proof; nor has enough in it for an amusement. But if the Acts made there against illegal trade are not allowed to be Acts, it is by Col. Quary and his adherents, and therefore no wonder if they had not answered the end of making them. (3) I stand to the reasonableness of my Commission for a water-bailiff. And for him that drew it, he was a Naval Officer of New York, when I came away, which was long after Lord Bellamont's death. (4) I find nothing to answer. (5) He is pleased to call my answer about the Indians a quibble; which, and Capt. Le Fort's ample relation about my Treaty and Commerce with them (of which he was a witness) rather renders my dealing with them a merit than a fault. (6) Deserves no further answer. (7) As he says, the like may suffice in rejoinder to his reply. (8) I had a grant from H.R.H. James Duke of York and Albany in '82, and had possession solemnly given by President Moll and Ephraim Hermon, the Duke's Commissioners in the same year, all which is upon record at the Castle of New York, and that is all the satisfaction he and his imployers shall have from me. And till the Law has determined otherwise, I shall expect obedience from those that are under my Government, at their own peril; the late King having already given sanction to many Laws made by the Upper and Lower Counties conjointly. Nor can I think it a time of day to play the critick upon government; and I hope none who seek the Queen's Peace and the Colonies' prosperity will give the least shadow of encouragement and slacken people's obedience unto settled authorities. (9) I desire an authentick copy of his certificate, that he and they too may take their issue upon the truth or falsehood thereof, compared with the Minutes of Council and Records of Courts in the Provinces. (10) I hope the Board does not expect I should prove a negative for him, who ought to prove his affirmation; or that I should prove or disprove matters at 3,000 miles distance, upon a private man's accusations, at such short warning; nor look upon anything he has said as truth, till the persons accus'd have had time to know and answer his informations. (11) The petition to the Queen is grounded upon a falsehood. For, Byfield's letter of attorney gave no power to ask for an appeal; I deny that his attorney was refused an appeal; Byfield denied before the Board that he made it any part of his Instructions, that he would not venture his cause without a sworn jury, tho' Col. Quary made the Judge's refusal of such a jury to be the reason why an appeal was asked for by Moor, wch. he untruly says was denied him; lastly, Byfield, before the Board, agreed to a reference for the ending of the suit depending. (12) I have the opinion of the Queen's Chief Justice of New York in favour of my appointment of a Lieut.-Governor, especially under the dilemma I stood. But that there is, as he asserts, any man in that Province as capable of that imployment as he that has it (except Col. Markham, whom I was commanded to turn out) will, in America, be none of the meanest instances of Col. Quary's disingenuity to this Board; and I believe it will, in a little time, be proved that before Col. Hamilton had my appointment, he had received Col. Quary's concurrence.
638. iii. William Penn to the Council of Trade and Plantations. Rejoinder to Col. Quary's reply to my second answer to his second Memorial of Complaints. (1) I refer to my answer, and desire the state of the case he saies he shall be ready to lay before the Board. But I must need say that I am astonished at his hardiness that he can deny under his hand what he has more than once said with his mouth. I can forgive him this unaccountable part he acts; but not his untruth. (2) I refer to the Charter of Philadelphia. And if beyond the power of my Patent, they are easily retrenched, and are void in themselves. (3) His third Article begs the question; the Act of 7 and 8 William III saying more for it than against it. But, to use his own words, I shall only add this hint, that his friend Jasper Yates, who is one of his subscribers, has been reputed as old and as great an offender, especially in the Curraso Trade, and one of those, doubtless, that he thinks every way as capable of being a Deputy Governor as Col. Hamilton. (4) I remember not what he acquainted me with of Parmiter in Pennsilvania, nor do I know what his copy of the Records from Bristol saies about him, but this I know, that he has not proved that I made him Attorney-General, which is my point upon Col. Quary, and I must expect it from him; yet if he had, after such an example as Lord Bellomont, and the recommendations of men of undoubted virtue and reputation, his penitency, and the King's Grace, and what has elsewhere been practised in the Queen's Colonies, I am to learn my transgression. And after that D. Lloyd could not serve in that station, and J. Moor, the King's Advocate, told me he would not (who were the two only lawyers in the Province) necessity were answer enough to his exception. (5) and (6) I know not where the Dedimus is, much less that it was concealed out of design, and I think I have very little reason to trouble myself about it, after he has had the confidence to threaten me before the Board, that if he had had it at my arrival in the Province, he would have disputed my qualification. But I have a much better opinion of his discretion there than here, and wish heartily to be once more there, to try his resolution. Signed, Wm. Penn. The whole, 5 pp. [C.O. 5, 1261. Nos. 116, 116.i., 117, 117.i.; and 5, 1290. pp. 45–54.]
June 22.
639. Council of Trade and Plantations to the Earl of Nottingham. We have considered Mr. Dummer's proposals [June 18, etc.]. The settling of such a correspondence with the West Indies will be of great use to H.M. service, and of very much advantage to the Plantation Trade, especially during the war. Mr. Dummer's first scheme, for each of his four vessels to call regularly every voyage at Barbados, Antegoa, Mountserat, Nevis and Jamaica, is more than can be performed by the vessels in the time. These vessels may sail directly to Antegoa, the windermost of the Leeward Islands, leaving there all letters except those for Barbados, without making any stay; and that they proceed from thence to Barbados and return after 2 days to Antegoa for letters, and return directly to England. Jamaica lying so far to the Leeward of those Islands, does, for the importance of the place, deserve a distinct settlement of the same kind. The ships to be appointed for that service should sail directly thither, calling at Nevis, and leaving there such letters as they have for those parts [the Leeward Islands]. The like provision is requisite for H.M. Plantations on the Continent, and that the Post Office there may conveniently be settled at Cape Hinlopen or Lewis Town as the nearest centre of the Continent. Each of these services will require four vessels to sail and return in the course proposed by Mr. Dummer. But if that number be too burdensome or chargeable for the first undertaking, a lesser number for each service may be made use of. We propose that the Port in England from which they may regularly sail be Falmouth, and that they be directed also to return thither, or to the first Port of England they can best make. As to the charge, we humbly leave it to the Post Office and Navy Office. Signed, Robt. Cecill, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior. [C.O. 324, 8. pp. 170–172.]
June 22. 640. Journal of Council of Trade and Plantations. A new Commission, dated June 19, granted by H.M. for promoting the Trade of this Kingdome and for inspecting and improving her Plantations in America, being brought to the Board, wherein H.R.H. the Prince of Denmark, as Lord High Admiral of England, is first nominated, their Lordships were pleased to signify the same in a letter to H.R.H.'s Commissioners, and to direct the Secretary to make the like signification to the Lords and others named in the said Commission.
Letter to the Earl of Nottingham signed.
June 23. Present, Lord Viscount Weymouth, Lord Bishop of London, Lord Dartmouth, Mr. Chancellor of the Exchequer, Mr. Cecil, Sir Ph. Meadows, Mr. Blathwayt, Mr. Pollexfen. H.M. Commission was opened and read, whereby the Lord Bishop of London is added to the great officers named in former Commissions, who are not obliged to constant attendances, and they with the Lord Viscount Weymouth, Lord Dartmouth, Sir Philip Meadows, Mr. Blathwayt, Mr. Pollexfen, Mr. Stepney, Mr. Prior, and Mr. Cecil are appointed Commissioners for promoting Trade, etc. William Popple was continued as Secretary. An account of the officers employed in the service of this Board ordered.
Col. Quary being upon his return to the Plantations and intending to depart to-morrow, his Memorial of the 11th was considered, and directions given for preparing a letter to the Earl of Nottingham.
Letter, etc., from Mr. Penn, June 22, read. Directions for an answer given.
Directions for an answer to Sir John Cooke, June 13, given.
Directions for an answer to Mr. Burchett, June 16, given.
Their Lordships appointed their ordinary meetings to be henceforwards on Mondays and Wednesdays at 4 p.m., and on Tuesdays, Thursdays and Fridays at 10 a.m.
June 24. Letter to Lord Nottingham signed and sent.
Letter to Col. Quary signed and delivered to Mr. Bass.
Mr. Randolph acquainted the Board that he is now upon his departure for America, and desired that he may be favourably remembered in case any opportunity offer of procuring him some employment, which may afford him a competent subsistence in England. Their Lordships assuring him of their readiness to assist him, desired him to continue his correspondence as formerly. The Lord Grey desired their Lordships to report upon the Act of Barbadoes, Nov. 17, for a present to him of 2,000l., that he may have H.M. leave to receive the same. Report to that effect agreed upon. [C.O. 391, 15. pp. 95–102; and 391, 96. Nos. 110–112.]
June 22. 641. Minutes of Council of the Massachusetts Bay. Advised that Major John March be appointed Commander and Truck Master at the Fort at Cascobay. [C.O. 5, 788. pp. 162, 163.]
June 22. 642. Minutes of Council in Assembly of the Massachusetts Bay. Order for continuing the Committee for granting debentures for service done in the time of Sir Edmund Andros, his Government, was passed and sent down.
Bill for granting a tax upon polls and estates was read a second time. Joint Committee of the two Houses, as proposed by the Representatives, was appointed to prepare an Address to H.M. thankfully acknowledging H.M. favour in so easily and graciously setling the Government of this Province, etc.
June 23. Report upon the stores of powder considered.
Order for continuing the Committee for granting debentures, etc., sent down yesterday, was returned with the concurrance of the Representatives.
June 24. Joseph Hammond, a new elected Councellor, took the oaths, etc., appointed.
Address to H.M. brought in.
Bill for granting a poll-tax, etc., read a third time, and a clause added and sent down.
The Board proposed the appointment of a Joint Committee to consider the reference in H.E.'s Speech to a fortification at Pemaquid.
Message sent down to enquire if the Representatives had considered the motion formerly made to them by the Board for proposing a method for the more equal proportioning of the Towns to public assessments, and to propose a joint Committee.
The Representatives sent up a resolution granting H.E. a present of 500l. A Bill was accordingly drawn up and read twice.
Address to H.M. read a first and second time.
Bill for granting unto H.M. a tax upon polls and estates, returned by the Representatives with their agreement to the amendment proposed, was passed.
200l. allowed to James Taylor as Treasurer for the year past. [C.O. 5, 788. pp. 355–358.]
June 22. 643. Minutes of Council of Virginia. Whereas the Lord High Admiral hath sent several men-of-war to this Colony for the security of the merchants ships loading here, under the command of Capt. Francis Dove, H.M.S. Warwick, who, by his Instructions, is to sail with the first fair wind after July 20, a General Embargo is hereby laid on all ships until the departure of the Fleet. No ship to be cleared after July 10. Collectors and Naval Officers to take bond of the masters of ships pursuant to Act of Assembly. Capt. Moodie to cruise in Linhaven Bay to stop ships attempting to sail before the Fleet.
Ordered that the Naval Officers account with the Auditor to July 10th, and that a Council and Audit be held July 14th. H.E. laid before the Council a letter from Col. Jno. Curtis excusing his absence by reason of the gout.
June 23. Edward Jenings tooke the oaths, etc., as Secretary, and entered into a bond in 5,000l. with Peter Beverley, William Tayloe and Garvin Corbin.
Upon considering how the money arising by the sale of the cargo sent in for the French Refugees may be best employed, for their general advantage, ordered that Mr. Auditor Byrd lay out 300l. for purchasing cattle and hogs, and proportion the same amongst such of the Refugees who are in greatest want, according to his discretion; the remainder to be laid out in necessaries for building and cloathing, which he is to send to England for, viz. broad and narrow axes, hoes and nails, half thicks, kerseys, pennistones, cottons, stockings, shoes, blue linen, brown and coloured thread, buttons, etc. Mr. Auditor Byrd complaining that Capt. John Talliaferro, late Sheriff of Essex, hath given no account of the quit-rents for 1701, ordered that Thomas Merriweather, the present Sheriff, require him forthwith to bring those accounts to Williamsburgh, and make payment accordingly.
H.E. acquainting the Council that H.M. Advice-boat Eagle was arrived from Maryland, but by order of the Governor of Maryland was to return thither with all speed; the Council was of opinion that it is for H.M. service that the Eagle be ordered to attend this Colony in order to stop any ships running away before the Fleet sails; and therefore desire H.E. to write to the Governor of Maryland, that if he has no immediate use for her, within his own Government, he will please to order the same down hither as soon as possible. [C.O. 5, 1409. pp. 237–239.]
June 22. 644. Minutes of Council in Assembly of Virginia. See preceding abstract.
Petitions of James Adams, Indian Interpreter, and the Vestry of Norfolk, referred to the Burgesses.
June 23. See preceding and following abstracts.
Petition of John Waller, for leave to patent some land lying in Pamunkee Neck, referred to the Burgesses. [C.O. 5, 1409. pp. 619–622.]
June 22. 645. Journal of House of Burgesses of Virginia. William Randolph, jnr., was appointed Clerk of the Committee for Election and Privileges.
Richard Morris, John Remington, John Hix, and Anthony Evans were continued Doorkeepers to the House.
Standing Orders confirmed.
Message from H.E. and Council read, that the time fixed for the departure of the convoy drawing nigh, they lay before the House the order they intend to issue for laying a general imbargo until that time.
Returns upon writs read and referred to Committee.
June 23. Upon report of the above Committee, it was resolved that the new Burgesses [see June 20] were duly elected.
Resolved, that no Committees be appointed.
Message from H.E. and Council read:—Whereas it hath been represented to H.E. by Col. Wm. Leigh, Commander-in-Chief of the Militia in King and Queen County, that William Byrd, of the same County, did, May 28, publish divers false, seditious and scandalous reports highly reflecting on the honour and justice of H.E., the Hon. Council, and the worshipful House of Burgesses, and leading much to the raising sedition in the minds of H.M. loving subjects, H.E. and the Hon. Council have thought fit to lay before this House the several depositions, etc., that the House may take such course as they shall judge necessary for vindicating the honour of the Government, quieting the minds of H.M. subjects, and preventing the spreading of such dangerous and seditious reports for the future.
Resolved, that William Byrd, in saying that this Assembly were about to raise a tax upon the people in this country, which would amount to 17,000 pounds [? tobacco] for the use of the College, and that Col. William Leigh had consented to it, is guilty of a seditious, scandalous, malicious and utterly false report. That the report he made that Nathaniel Harrison and George Marable were taken into custody about giving the Speaker 10,000lb. of tobacco, is seditious, scandalous, malicious and utterly false.
Copies of the said resolves ordered to be published in the County Court, Churches and Chapels of King and Queen County.
Messages from H.E. and Council read, that they, taking into consideration the danger the Records are exposed to by being lodged in the College, propose that a Committee of the two Houses inspect the Capitol, and that directions may be given for the speedy fitting up of rooms for the reception of the Records and holding the General Courts. Copy of the resolve of the House, that no Committee be appointed, was thereupon sent up.
Letter from William Byrd, June 22, 1702, saying that he had received a letter from his son concerning the affairs of this House committed to his charge, was read and referred to next sessions. The thanks of the House were ordered to be given to him for his care in transmitting to our Agent in England the several matters relating to this Colony, according to the desire of the House.
The Burgesses were summoned by H.E., who addressed them as follows:—"It having pleased Almighty God that no surprizes, insurrection or invasion hath happened here, H.M. Council and myself have raised no forces, but how soon there may be occasion for so doing, is not possible for me to know. Therefore I do most earnestly recommend to you to find some way or other to secure (with Almighty God's assistance) this H.M. Colony and Dominion from any alarm, surprise, insurrection or invasion. I do likewise recommend to you the perfecting of those matters which you referred to this Session, as likewise that a loyal and dutiful Address may be drawne, signed and sent to her most sacred Majesty on her accession to the Throne of her ancestors."
Ordered that H.E.'s speech be considered to-morrow. Mr. Ballard was granted leave of absence.
June 24. Message from H.E. read:—I have received your vote concerning Committees, and considering the busy time of the year, I hope you did it for expedition sake, and pursuant to the method of the House of Commons, when commonly one or more Members are ordered to draw the necessary Bills. I am also in hopes that you will go on as cheerfully and unanimously in this Assembly as the Parliament of England did notwithstanding the unfortunate death of the late King.
The House resolved to consider H.E.'s speech as a House, and not as a Committee of the whole House.
Resolved, that the ordinance of last Session giving power to the Governor, with advice of the Council. upon any alarm, etc., to levy suitable forces to be paid by the public, is a sufficient provision for the security of this country, until there be a Session of Assembly.
Resolved, that the several references made last Session stand referred till a Session of Assembly.
Resolved, that an Humble Address be prepared to congratulate H.M. happy accession to the thrown of her ancestors.
Ordered, at H.E.'s request, that copies of the resolves of the House upon the reports spread abroad by William Bird of King and Queen County, be sent to H.E.
Address to H.M. agreed to—concludes: "We will be always ready to hazard our lives and fortunes for the preservation and defence of your Majesty's sacred person and government."
June 25. The above Address signed.
Joseph Ball and Alexander Spence excused attendance until the recovery of their health.
Address to H.E. on his Speech signed and sent up. Embodies resolutions of June 24 supra, and concludes:—"In consideration of this hot season of the year, and the short time set for departure of the ships, we have not reserved anything for present consideration which has come before us."
The House attended H.E. with their Address of congratulation to H.M. [C.O. 5, 1408. pp. 429–439.]
June 22. 646. Attorney General to the Council of Trade and Plantations. I have considered of an Act passed at St. Christopher's, June 18, 1701, for the settling and strengthening H.M. part of this Island, and have heard Councell as well for the Act as for William Freeman and other the petitions against the same, and do conceive the Act to be unreasonable and unjust in several points, particularly (1) For that the attainting of persons not named, who joined with the French in the late war or remained among them after the war, will be of no use, for that no such persons can be by Law executed without a tryall any more now than before this Act was made, and it may be of ill consequence, and ill use may be made of attainders of persons not named in the Plantations, where the methods of Law are not so well known as here; for it's probable it was intended by the Promoters of this Law (and may be practised if this Law should be approved) to execute persons on this Law without tryall. (2) For that it seems unjust to attaint persons, who being conquered did not quit their habitations, but submitted to the power they could not resist. (3) For that it is unreasonable to destroy all titles in the Crown or their grantees of above 12 years standing, it not being restrained to such who had not had possession or commenced their suits within that time; (4) and to make patents void that were passed by the Governors without the consent of the Council, unless the Law there be so; and if it be soe, this Law in that point is unnecessary, and if it be fit to leave those titles to be determined by the Law; (5) and to make patents void, because the Patentees had not, within three years after the making of them, improved what was granted, there not being as appears any Law that obliged them within any limited time to improve them; (6) and to declare all patents made to Papists since the beginning of the late war to be void, for that thereby their Assignments even to Protestants for valuable considerations will be made void also. For which reasons I am humbly of opinion that the Law is not fit to be approved. Signed, Edw. Northey. Endorsed, Recd. Read Oct. 22, 1702. 1½ pp. [C.O. 152, 5. No. 1.; and 153, 8. pp. 116–118.]
June 23.
647. William Popple to Sir John Cooke. The Lords Commissioners for Trade and Plantations having perused your answer of 13 inst., relating to the Courts of Admiralty, but not having yet received any answer from H.M. Attorney General, desire that you would please to confer with him thereupon, in order to such a concurrence in opinion as you may both find reasonable, and as may best tend to H.M. service. [C.O. 5, 1290. pp. 44, 45.]
[June 23.] 648. Copy of Col. Quary's Answer to Mr. Penn's complaints against him (June 18). I have not so much vanity as to pretend myself learned in the Civil Law, and Mr. Penn very well knows how very unwilling I was to accept of that Commission. I considered the difficulty that must attend it from a people that had so long practiced illegal trade and found the sweet of it. No consideration should have prevailed with me, but Mr. Penn's importunity and promises that both he and those in his Government should be aiding and assisting me, no part of which promises was ever performed, but, on the contrary, all the discouragement and opposition given me. If none but a person learned in the law must be Judge of the Vice-Admiralty in Pennsylvania, then H.M. must be without Justice there, or send a person so qualified from England. Before the Act of vii. and viii. of his late Majesty was made, and the Commission of the Admiralty sent into Pennsylvania, Mr. Penn's Lieutenant Governor (who, perhaps, knew as little of the Civil Law as myself) did as Judge of the Admiralty judge and determine the subjects' property without a jury. There was no complaint made then by Mr. Penn [n]or was it thought a grievance. But now, to execute H.M. Commission, tho' warranted by an Act of Parliament, is become, it seems, a crime in me. I hope H.M. will please, on Mr. Penn's recommendation, to appoint a person more learned in the Law than myself, but will presume to say that no man living hath or can serve H.M. with more true loyalty, zeal and justice, nor shall the effects of Mr. Penn's malice and revenge force me to quit my integrity.
(2) This charge is so general and trifling that it deserves no other Answer than that I have always taken due care not to exceed the power of H.M. Commission, which I am very well assured will justify me in what I have done and acted for Her service, so that I have no mercy to ask from Mr. Penn or his Government, which is a very great satisfaction to me, especially since I so very well know and have experienced his and their temper, principle and implacable revenge, and for no other reason than the just discharge of my duty in suppressing illegal trade and piracy. (3) It is true that I have had considerable dealings in that place, and should perhaps have continued it, had not myself and all others that trade fairly according to Law, and justly pay H.M. Customs, been discouraged by the notorious illegal trade carried on in Mr. Penn's country to and from Curesaw and Scotland, so that for some years past I have not had a cargo of goods from England to that place, nor do I ever design to be concerned any more in trade, or otherwise, than to get in what debts I have contracted. It seems very strange that Mr. Penn should make it matter of complaint that H.M. should commission a merchant to be Judge of her Court of Vice-Admiralty, when at the same time he hath commissioned merchants, or what is worse, mechanicks, to be Judges of all the Courts in his Province, both law and equity. Mr. Penn very well knows that I am acquainted with all the ways and means used to carry on the illegal trades of his country, and that, notwithstanding all the discouragements I have hitherto met with from him and those Commissioners under him, yet that in some short time I shall be able to break the neck of that pernicious trade, so long practiced there, and so injurious to the trade of England and H.M. interests. This is the true motive of his complaint; besides, I must appeal to this honourable Board, whether a merchant clothed with H.M. authority and commission is not far better qualified to be Judge of the Vice-Admiralty, than Mr. Penn, who is a Layman, can pretend to be a Minister or Preacher. (4) That I have served H.M. about five years justly and faithfully is matter of fact, and if modesty would permit, could give some particular instances of my industry, labour, hazard and charge in pursuing H.M. interest, but I will rather appeal to this Board. I was always very well assured that H.M. will in her own time and way order the payment of my salary. But that ever I told Mr. Penn or any other person that I was to be paid out of H.M. Thirds of Forfeitures, is what I do absolutely deny. I am no stranger to Mr. Penn's sincerity, of which I will give one short instance; he was pleased, under the mask of friendship, to desire my advice in his choice of men fit to be made Justices. I gave him my opinion faithfully, and offered some reasons against his commissioning a certain gentleman. The charitable use which Mr. Penn made of my sincere and friendly dealing was to tell the gentleman that he would have made him a Justice, but was disuaded by me, and told him what I had said on that occasion. Mr. Penn's pious design was to set us together by the ears, to the hazard of one or both of our lives, and certainly after so barbarous an action it cannot be imagined that I should be so voyd of common-sense as to say anything to him more than what I would have published to the world. (5) This charge is very long and branched into many particulars. (i.) He tells a story of a sloop seized belonging to one Naylor. This was the very sloop that took from on board the Curesaw vessel, without the Capes, the claret wine, iron, bales of Holland, and other goods, and landed them in Pennsylvania. But tho' Mr. Penn is pleased to make a very slight matter of it, all the proceedings in that affair was according to Law and my duty. It was not truth that I either hired the sloop, or bought her, or objected the owner to sell her. (ii.) He desires that I may be asked if the Curesaw vessel was seized till the transgressors had sold her. It is not the practice of H.M. Court of Vice-Admiralty of Pennsylvania to seize any vessel before information be given of her having traded contrary to law, nor can we condemn any vessel before a trial, but as soon as the sloop was informed against, she was seized, and after a full tryal condemned, it being fully proved by the oath of the mate that there was shipped on the said sloop in Curesaw a quantity of claret wine, iron, several bales of Holland and other goods, which she brought to Delaware Bay, and put them on board Naylor's sloop. The fact was also owned by the merchant concerned, and came to Pennsylvania in the vessel with them. The deposition of the mate lies now before the Board. And now after a crime so notorious as this is, and so fully proved, why Mr. Penn should be so uneasy or complain that this vessel was seized and condemned, I know not; nor hath he reason to complain that it was not done sooner, since it was done so soon as the information was given. (iii.) Mr. Penn would know if Robert Webb, the Marshal, did not first inform against the Callapatch. He did not, but the information was given in by the Master of the sloop, on which she was condemned, but what ground Mr. Penn hath for this charge, I cannot find out. Sometimes he complains that I do admit the Queen's Officer to inform, and now he makes it matter of complaint that I did not. (iv.) The Board hath had a full hearing of the case of the Providence. I very well know that all the clamour and vexatious trouble I have met with in this affair was the effects of Mr. Penn's contrivance. The ship was condemned for not producing a Register. After condemnation, the ship and goods were kept twelve months in hopes that the owners would find some way in England to reverse that judgment, but nothing being done and the goods damaged and perished by lying, they were at last appraised by the public appraisers of the City, very honest men, and all things done according to Law. One third of the goods was delivered to Mr. Penn in specie, one third to the informer in specie, and the Queen's third put into the hands of a proper officer to dispose of for H.M. advantage. Mr. Penn says the goods were appraised at less than the true value; if it were so, how doth it affect me, since I neither get or lose by it?—for when the account of the goods is made up, what they amount to more than the appraisement, Her Majesty shall have credit for it, so that what room there is for Mr. Penn's clamour I cannot see, nor do I in the least value it. I have this satisfaction, that what I did in that case was confirmed by the High Court of Admiralty in England, and H.M. Attorney General hath given under his hand that the condemnation of that ship was according to Law, which is all I need to say to his malicious charge; and now to show his infallible Christian temper, he is pleased to ground his last heavy charge on no other foundation than this: It is suspected that Col. Quary the Advocate went halfes in the ⅓. Should the world treat Mr. Penn at this rate and publish what they have better ground to suspect of him, perhaps it would make his heart ake; but he thinks that he hath a priviledge to abuse all that dare speak truth of him. How far this squares with the character of a gentleman, or is consistent with pretensions to religion and infallibility, let the world judge. (vi.) I am now come to his charge, which is fear that the Queen hath been unfairly dealt with in other appraisements; and since Mr. Penn is now so much concerned for H.M. as to discover what he suspects or fears, I hope he will perfect so good a work by acquainting your Honours that there came to Pennsylvania directly from Denmark a ship loaden with wine, iron, copper, vessels, hemp, linen and other goods to the value of almost 3,000l. The ship lay at an anchor in sight of Philadelphia, and all the goods landed at noon-day at the wharf near the Governor's House and in his sight. When all the goods were landed, the merchant ordered all the sails, cables, anchors, and rigging even to her standing shrowds to be taken ashore; and when all was done, and the ship was left a perfect wreck, then his honour thought fit to show his zeal for the Laws, and ordered his officer to go and seize the ship, which was accordingly done, condemned, and sold again to the merchant for much less than 100l., whereas the ship and goods was truly worth above 3,000l., H.M. share of which is above 1,000l., but instead of that there was never so much as the third of 100l. as yet paid, but still remains in that gentleman's hands. All and every part of this Mr. Penn knows to be true, and was proved to him, and for this great piece of service there was a gift of 100l. paid to this honourable person in ready money, which Mr. Penn also knows very well, and that I have and can still prove it. I hope he will lay this matter before this Board, to propose how H.M. share shall be paid. Mr. Penn can also tell your Honours of another ship that loaded tobacco without giving bond or security according to Law, and for what consideration she was cleared. I could instance many other cases of this nature, but I hope Mr. Penn will save me the labour. As to what he says, that he and myself lived well together till something happened, it was so; but I quickly found that he was so influenced by those in his Government, that it was impossible for me to continue a correspondency without betraying my trust. The reason he assigns for our difference, his appraising the ⅓ of Lumley's goods, can have no weight, since that in no way concerned me, having long before done my duty and what the Law required; for granting that the first appraisement was less than the full value, yet H.M. will have the advantage of it without the least benefit to me. His second reason, that he refused to let me condemn Gilham's goods;—it was my duty to press that they should be proceeded against according to Law, for goods illegally imported, whether by pirates or others, ought to be condemned, which gives H.M. a title to the third, whereas Mr. Penn keeps them all in his own hands without any trial or condemnation, or any pretence of a right to them, more than his arbitrary will. I do humbly propose that your Lordships will enquire into this affair. As to his third reason, I never either feared or valued any affidavits that he or his Government could send home against me. As to what he saith concerning my endeavours to recover my letter from New York, he mistakes the matter, for that concerned another thing. Had he known me guilty of any injustice towards H.M., it is strange he would not complain of it before this time; had he done it before I had exhibited and proved my charge against him on behalf of H.M., it would have looked like Justice, whereas now it must be judged by all the world to be the pure effect of malice and revenge. Signed, Robt. Quary. Endorsed, Recd. 23rd, Read 26 June, 1702. 6½ pp. [C.O. 5, 1261. No. 118; and 5, 1233. No. 38; and 5, 1290. pp. 71–87.]
June 23.
649. William Popple to William Penn. Your letter of 22nd inst., etc., has been read to the Lords Commissioners for Trade, who are yet in expectation of your answer to the three queries [of May 19th], and do also expect that you do inform them of your title to the soil and Government of the three Lower Counties, upon which subject you promised at their Board the 4th inst. to give them a final answer, (they not looking upon what you have exprest in the 8th article of your first rejoinder to be anyway satisfactory). Upon receiving your answer, they will be able to discharge their duty in making a Representation to H.M. upon the whole matter. And whereas you say that your health, the season of the year and your family affairs do call you out of town, they direct me to observe to you that the time of your attendance has been lengthened at your own desire, their Lordships having assured you that they would sit de die in diem till your affairs should be wholly dispatched. And they therefore now expect your final answer to all the particulars here mentioned, in writing, on Munday next, or sooner, if you can be ready. Signed, William Popple. Copy. 1¾ pp. [C.O. 5, 1233. No. 35; and 5, 1290. pp. 55, 56.]
June 23.
650. William Popple to Mr. Burchett. In reply to letter of June 16. The Council of Trade and Plantations order me to signify their humble opinion that, altho' it be very true that during some of the winter months the Bays and Harbours of New England and New York are usually frozen up, so that the ships remaining there are for that time useless, yet it may be for the advantage of the Trade of those parts during the time of war, that instead of their returning to England till relieved by others from hence, the Governors of New England and New York, whose orders they are already directed to follow, be empowered, as they see occasion, to send those ships as convoys to the ships employed in fetching salt from the Southern Plantations, and for the protection and convoy of such other Trade as is usually carried on between Her Majesty's Southern and Northern Plantations, unless for especial reasons the said Governors shall see cause to send the said ships of war directly for England. [C.O. 5, 910. pp. 221, 222.]
June 23.
651. J. Burchett to Mr. Popple. In reply to above, I am to acquaint you that the Government of New England has and will for the future have power to send the ship appointed to attend on that Government, in the winter months, to the Saltertudos and on other services between the Southern and Northern Plantations. Signed, J. Burchett. Endorsed, Recd. June 24, Read June 26, 1702. Addressed. ¾ p. [C.O. 5, 862. No. 119; and 5, 910. pp. 222, 223.]
June 23.
652. Governor Lord Cornbury to the Council of Trade and Plantations. Your Lordships' letter of March 19 came safe to my hands June 17, and in it I find a letter from the Lords of H.M. most honble. Privy Council commanding me to proclaim her most sacred Majesty Queen Ann, in pursuance whereof on Thursday, the 18th inst., having drawn out the forces there, I did in the presence of the Gentlemen of H.M. Council, attended by the Mayor, Aldermen and Common Council, the Clergy and I think I may say all the gentlemen and merchants of the City of New York, cause H.M. to be proclaimed Queen of England, Scotland, France and Ireland, Defender of the Faith, Supreme Lady of the Province of New York and Plantations of the same, according to the directions I had received. The solemnity was performed with all the duty and respect imaginable to the Queen, and the people shewed all the cheerfulnesse and loyalty that could be wished for or desired from good subjects upon that occasion. The gentlemen of the Province of New York are unanimously ready to sacrifice all they have for the service and in the defence of the Queen. Indeed, they have suffered great hardships and wrongs through the wicked practices of Mr. Atwood and Mr. Weaver, who have made the divisions among the people of New York much greater than ever they were, and would have made them past cure had they gone on a little longer. On Friday the 19th inst. I went over the water into the Jerseys, and went directly for Burlington, which is the chief town of West Jersey, but the ways were soe bad I could not get thither till Sunday night late. Col. Hamilton to whom I had writ from York, met me in East Jersey and conducted me to Burlington, where he had (being Governor of the Jerseys for the Proprietors) assembled the Chief Magistrates and inhabitants of the place in order to proclaim Her Majesty, which was done on Munday at 11 o'clock, when the people shewed great marks of duty and affection to the Queen. I did intend to have gone immediately to Amboy, which is the chief town in East Jersey to proclaim H.M. there, but the floods have washed away the bridges, soe that till the waters are fallen, it will be impossible to travell. I hope two or three fair days will make the ways passable to Amboy, to which place I will repair the first moment it is possible. I doe not doubt but we shall have a good appearance there likewise, Col. Hamilton, who intends to conduct me thither, having sent beforehand to give notice of my coming. In the meantime I have taken this opportunity to come twenty miles down the River Delaware to see this place, where I find a ship just ready to sail for London. I shall return this evening to Burlington, and as soon as possible goe to Amboy, and from thence to York, from whence I will send your Lordships a further account. Signed, Cornbury. Endorsed, Recd. Read Aug. 25, 1702. Holograph. 2 pp. [C.O. 5, 1047. No. 56; and 5, 1119. pp. 202–205.]
June 23.
653. Governor Lord Cornbury to the Privy Council. Duplicate of preceding. Signed, Cornbury. Holograph. 2 pp. [C.O. 5, 1084. No. 3.]
June 23. 654. Minutes of Council of Barbados. The President acquainted this Board that he had received duplicates from Whitehall by H.M. advice-boat Express, Capt. Thomas Legg, as well as letters for Col. Codrington, Col. Selwin, and Adml. Benbow, which are ordered to be sent forward with all expedition. Likewise a letter from the Council of Trade, April 13, concerning the Seal. Capt. Legg also acquainted this Board that a war is declared against France and Spain, and produced a copy of H.M. declaration. This Board having been applied to by several merchants that commissions be granted for sending out privateers against any of H.M. declared enemies, as also for the better securing the merchant ships bound to this Island, ordered that a Commission issue to Capt. John Gill, commander of the brigantine Marygold. The President is desired by this Board to sign this Commission and to issue out as many other Commissions for that purpose to such persons as, upon their application, he shall think fit.
Ordered that Capt. Maugham, H.M.S. Kinsale, forthwith prepare to sail towards Martineque, and to cruise off that and other the French Islands thereabouts for 10 days (unless he find good reason to return sooner), and then to make the best of his way back.
This Board being informed that Christopher Berrow is a person of ill-fame, and supposed clandestinely traded with the French before the war was declared, ordered that he be removed from the office of gunner, and that some fit person be put in his place.
June 24. Commission for the Hon. James Colleton to be Col. of the Regiment of Foot, which was commanded by the Hon. Geo. Andrews.
Commissions for Judges of the Courts of Common Pleas, Exchequer and Pleas of the Crown.
This Board having been informed that several of the subjects of the French King and other the declared enemies of H.M. and her people are privately concealed at the Plantation of Mr. Stephen Gibbs, or in some other parts of this Island, supposed to be upon some private ill-design, ordered that John Bemisden, J.P., issue out his warrant to apprehend them, that they may enter into sufficient security for their good behaviour, and that they shall not depart this Island without special licence from this Government.
Ordered that Capt. Maugham touch at Tobago to give notice of the war to the English vessels there. [C.O. 31, 6. pp. 234–237.]
June 24.
St. James's.
655. J. Granville to the Council of Trade and Plantations. With the consent of the rest of the Lords Proprietors of Carolina, I have constituted Sir Nathaniel Johnson Governor of that place, whose courage and conduct will be as great a preservation at this time of the day to that Province, as his experience and former employments have rendered him capable of such a Commission. We have also constituted Edward Birch our Governor of the Bahama Islands, a very worthy person and son of Mr. Birch, one of H.M. Serjeants at Law. I desire you would hasten H.M. approbation of them, the ships going next week and both places in immediate danger. Signed, J. Granville. Endorsed, Recd. 24th, Read 26 June, 1702. Addressed. 1 p. [C.O. 5, 289. p. 104; and 5, 1290. p. 89; and 5, 1261. No. 119.]
[June 24.] 656. Petition of Capt. John Poyntz, Benjamin Woodroffe, Dr. of Divinity, and Moses Stringer, Physician and Chymist, in behalf of themselves and Company, to the Queen.
The Islands of Tobago are of dangerous consequence for harbouring your Majesty's enemies, and in the late wars most of the Carribbee Islands were thereby much endangered, great numbers of ships sailing to and from Barbadoes etc. having been tak'n by ships harbouring there. Petitioners have a joint right with the Natives to the said Island by a grant from James, late Duke of Courland, 1681, but by reason of wars with France and other obstructions have been hitherto hindered from settling there. Capt. Poyntz hath been eleven voyages to Tobago and Trinidado and the seas thereabouts and made several secret discoveries of rich Earth-mines and Lapis-Lazuli, as also of Pearls and Ambergrease, whence great wealth may yearly redound to your Majesty and your subjects, if a free Trade be had with the Natives, which the Emperor of the Caribbees is very desirous of, and accordingly treated formerly with Capt. Poyntz. Petitioners are desirous to devote several thousand acres in Tobago, as also the 20th part of such other purchases and acquisitions as they shall make to such pious uses whereby the Gospel may be propagated among the Indians and others, not only in Tobago and the Caribbees but any other parts of America, when they shall have a free Trade, and the poorer sort of any of your Majesty's subjects transporting themselves thither may be provided for. Petitioners pray that your Majesty would be graciously pleased that not only ye Island of Tobago, but wt.ever other purchases or acquisitions shall be made from the Indians may be annext to your Majesty's realm of England, as also that your Majesty would be further pleased to accept of the fourth part of such secret discoveries as your Petitioners have, or shall make, and to incorporate Petitioners and Company into one body corporate and politic with power to raise a sufficient stock and to set out such ships of war and trade as shall be necessary, without any charge to your Majesty, and that your Royal Consort, Prince George, would condescend to be the Governor of the said Company. Endorsed, Recd. Read July 8, 1702. 1 p. finely written. Inscribed, At the Court at Whitehall, June 24, 1702. H. M. is graciously pleased to refer this petition to the Council of Trade and Plantations for their report. Signed, Nottingham. [C.O. 28, 6. No. 62; and 29, 8. pp. 103–107.]
June 24.
657. Council of Trade and Plantations to Col. Quary. You being now upon your departure to Pennsylvania and the Three Lower Counties, we desire you, upon your arrival at New Castle, to acquaint the Gentlemen of those Counties, that we have received their letter of Oct. 25, and have it under consideration, in order to their relief, and further to assure them from us of H.M. Royal protection and care of their welfare and security. Signed, Your very loving friends, Weymouth, Dartmouth, Robt. Cecill, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. [C.O. 5, 1290. p. 57.]
June 24.
658. Council of Trade and Plantations to the Earl of Nottingham. Representing Col. Quary's statement of expenses in H.M. service, and his application to be secured, in the discharge of his duty, from the effect of the prejudice and malice of his enemies, occasioned by his zeal for the service of the Crown. Whereof being very sensible, we desire your Lordship to represent to H.M. that Col. Quary, as well in his correspondence with us whilst in America, as in attendance upon us here, have given us such evidences of his faithfulness and ability in the matters committed to his trust, and has been at so much expense by his stay and attendance in England, and in defending himself from two vexatious suits, that we humbly offer he may be reimbursed his expenses by H.M. amounting to 300l. And for his further encouragement and security in the discharge of his duty, we humbly propose that H.M. would please to grant him her Royal Letters of favour and protection according to the draught here enclosed. And whereas H.M. affairs under his management and the correspondence he is to maintain with us frequently require his presence in several Colonies, we further conceive it will be for H.M. Service that he be appointed of the respective Councils of Virginia, Maryland and New York, and that he be assured of H.M. Royal Protection. Signed, Weymouth, Dartmouth, Rob. Cecill, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior. 2¾ pp. Annexed,
658. i. Draft of letter for H.M. signature referred to in preceding. "We are well satisfied with the faithfulness, diligence and ability of our trusty and well-beloved Robt. Quary, and of his zeal and good affection for our service, and he being now to return to America, in order to the further carrying on our said service there in the discharge of the several trusts committed to him, We do hereby will and require all our Governors, Lieut. Governors, Commanders in Chief, Magistrates and Officers, as well civil as military, and all other our loving subjects in those parts to be aiding and assisting in their several stations to the said Robert Quary, and to have a due regard to him as a person employed by us, and to whom we have thought fit to extend our especial favour and royal protection." [C.O. 5, 1233. No. 36 (without enclosed letter); and 5, 1290. pp. 58–61.]
June 24. 659. Minutes of Council of the Massachusetts Bay. Extract of a letter from the Council of Trade and Plantations to Lord Bellomont, Oct. 30, 1700, entered in the Council Books as directed.
June 25. H.E. shewed forth H.M. Instructions to him. He acquainted the Board that it was observed by his late Majesty and the Ministers of State that the Earl of Bellomont's Speech to the General Assembly, at his first meeting with them, contained some passages reflecting upon the predecessors of his Majesty, and proposed that on that consideration it might be taken off the file. Advised accordingly. [C.O. 5, 788. pp. 163, 164.]
June 24. 660. Minutes of Council of Virginia. Letter from the Council of Trade and Plantations, Aug. 14, 1701, with an Order of the Lords Justices, July 31, 1701, read. Ordered that the Instructions as to colours for ships be duly observed.
Letter of the Lords Commissioners for Trade, March 16, 170½, referred to a Committee for their report.
Ordered that the resolves of the House of Burgesses concerning the lands allowed the Chicahominy Indians be sent to Henry Beverley, Surveyor of King William County, that the same may be laid out according to the said resolves.
Whereas William Byrd of King and Queen County hath lately taken upon him to publish and spread abroad diverse false, scandalous and seditious reports, tending to the disquieting the minds of H.M. good and loving subjects, and creating in them a dislike of the present Government, for which he hath been censured by the General Assembly, and to the end all persons may be deterred from following his evil example, Ordered that a Proclamation be prepared upon the two several Acts of Assembly, against divulgers of false news.
June 25. H.E. acquainted the Council that he understood the House of Burgesses were drawing towards a conclusion in the matters recommended to them, and therefore considering the busy time of the year, he thought fit to give them a recess, but being uncertain how soon he might receive orders from England, he could not prorogue them longer than Aug. 12.
Proclamation, ordered yesterday, approved.
H.E. and Council signed a loyal Address to H.M. The Council adjourned. [C.O. 5, 1409. pp. 239–241.]
June 24. 661. Minutes of Council in Assembly of Virginia. See Journal of House of Burgesses under date. The Council agreed with the Burgesses that William Byrd of King and Queen County, in saying that this Assembly were about to raise a tax of 17,000l. a year for the use of the College, is guilty of a seditious, scandalous, malicious, and utterly false report. Ordered that, for this offence, he be struck out of the Commission of the Peace, and appear at the next Court held for King and Queen County, and in open Court make a public acknowledgement of his said offence; and that in case of his refusal Mr. Benjamin Harrison, Council for the King, prosecute him.
Ordered that the Justices of King and Queen County issue their warrant to the Sheriff to take Byrd into custody, until he enter into bond with good and sufficient security for his good behaviour.
June 25. See Journal of House of Burgesses under date. The Council agreed that the Ordinance of last Session giving the Governor and Council power to levy forces on occasion was sufficient.
And see Minutes of Council under date. [C.O. 5, 1409. pp. 622–627.]
June 25. 662. List of the Salaries of the Officers of the Board of Trade. Total establishment, 1,090l. [C.O. 388, 75. No. 53; and 389, 36. pp. 136–138.]
June 25.
663. Council of Trade and Plantations to the Queen. Recommending (considering that his expense in supporting the dignity of that Government has exceeded his salary) an Act of the General Assembly of Barbadoes, passed Nov. 17 last, for making a present of 2,000l. sterl. to Lord Grey. Signed, Weymouth, Dartmouth, Robt. Cecill, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior. [C.O. 29, 8. pp. 102, 103.]
June 25.
664. Council of Trade and Plantations to the Queen. We have examined the petitions referred to us [May 14], and heard what the parties [Proprietors of New Jersey], whom we find very much exasperated against each other, could alledge for or against Hamilton. The divisions among the Inhabitants, as well as the Proprietors, of that Country, and the disorders arising from thence, and from the want of a due constitution of Government, have for some years been so great as to endanger the lives of several of your Majesty's subjects, and to occasion many other great mischiefs, particularly the encouragement of piracy and illegal trade. From the first proposal of surrendering the Government, and whilst the Proprietors had several conferences before us on that subject, one party requesting that Hamilton might be excluded from the Government, the other desiring his nomination as a motive of their surrender, we did always declare to them that such surrender ought to be absolute and unconditional, and the choice of a Governor was to depend solely upon the Royal pleasure and authority of the Crown, wherein they seemed to acquiesce. Hamilton, upon his last return to the Jerseys, went from England, and upon a deputation from the Proprietors assumed that Government without the approbation or allowance of his late Majesty, in contempt of the Act of Parliament made in that behalf, and without staying for our report upon H.M. Orders concerning that matter. By certificates of the Surveyor General of the Customs in those parts, it appears he hath favoured illegal trade with Scotland and other parts, and has so far incensed one party of the Proprietors against him, that they will not, according to all appearance, be ever satisfied with his administration. We humbly propose as the only method of appeasing the animosities of your Majesty's subjects in that Colony and of settling the same, that your Majesty be pleased to appoint some person to be Governor thereof, who is wholly unconcerned in those transactions and disorders, and who, being duly qualified may be able to bring both parties to a state of quiet among themselves and submission to your Majesty's authority, and take care withal that the Laws of Trade and Navigation be for the future punctually observed. Signed, Robt. Cecill, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior. [C.O. 5, 1290. pp. 62–65; and 5, 994A. pp. 18–21.]
June 25. 665. Journal of Council of Trade and Plantations. Representation upon the Act of Barbados, Nov. 17, signed and sent.
Account of the Officers employed in this Commission read. Their Lordships continued them in their respective places.
Representation concerning a Governor for New Jersey signed and sent to the Council Board.
June 26. Order of Council, June 11, upon a Representation of June 8, and the draught of a letter to Governor Nicholson, read.
Order of Council, June 18, relating to Capt. Haskett, read.
Letter from Col. Granville, June 24, read. Answer returned.
Representation relating to Sir Nathaniel Johnson signed and enclosed in a letter to Lord Nottingham.
Letter from Mr. Burchet, June 23, read.
Mr. Penn's charge against Col. Quary, June 19, with Col. Quary's answer, June 23, laid before the Board. And whilst their Lordships were reading the same, a message from the Lords of a Committee of Council met at the Earl of Nottingham's Office, requiring their attendance in relation to some matters laid before them by Mr. Penn, the Board attended accordingly, when being acquainted that Mr. Penn, who was also there present, had complained of Col. Quary's having been dismissed from hence with marks of favour, and recommendation for the reimbursement of his charges, and other advantages, and thereupon desired that he might be stopped from proceeding on his intended voyage to America, in order to answer the foresaid charge, their Lordships acquainted the Lords of the Committee with the many delays made by Mr. Penn in the examination of the complaints that had been laid before them by Col. Quary concerning irregularities in the Government of Pennsylvania, and that they had frequently pressed him to dispatch, upon consideration of the necessity of Col. Quary's speedy return to the execution of his trust there. Whereupon Mr. Penn insisting chiefly upon the 4 first Articles of his foresaid charge, he read the same, and the Secretary of this Board, by the direction of the Committee, read Col. Quary's forementioned answer. Their Lordships being afterwards withdrawn, ordered that a copy of Col. Quary's answer be given to Mr. Penn. [C.O. 391, 15. pp. 102–108; and 391, 96. Nos. 113, 114.]
June 25.
666. Minutes of Council in Assembly of Maryland. H.E. laid before the Board the letter of the Council of Trade and Plantations, March 19, 170½, and the Order of Council proclaiming Queen Anne, etc., which he acquaints them he had caused to be done after the most solemn manner this Province was capable of. And forasmuch as he had received no particular instructions as to the administering the Oaths of Allegiance, he requires the opinion of the Council, who advise that the oaths appointed by Act of Parliament to be taken instead of the Oaths of Allegiance and Supremacy be administered to all the Officers, civil and military, and other H.M. good subjects within this Province, with the alteration of H.M. name to Queen Anne. Thereupon H.E. and the Members and Clerk of the Council took the said oaths and subscribed the Test, and as to the Association, tho' H.E. and this Board are very desirous of giving all the convincing demonstrations of their affections and loyalty to Her most sacred Majesty, yet that Association which is prescribed by Act of Parliament being made upon that particular occasion on the designed Assassination of his late Majesty, it will not be suitable at this time. The House of Delegates attending took the oaths appointed and subscribed the Test. H.E., addressing them, said necessity not choice had constrained him to summon them by the death of King William, etc. "It is a duty incumbent upon us to address H.M. giving her all the convincing proofs of our great satisfaction." Refers to his approaching departure.
An Address was prepared, approved and ordered to be sent down to the House of Delegates.
Richard Tilghman took the oaths, etc. as Delegate of Talbot County, and John Lecount, of Dorset County.
Letter of the Council of Trade, March 16, read. In reply, H.E. and Council say that the Courts of Admiralty for five years past have been held by virtue of a Commission from the Lords of the Admiralty, the said Commission in a more particular manner respecting and settling that Court.
June 26. Petition of Robert Ungle and Robert Grundy, executors of Nicholas Milburn of Talbot County, read, praying that they be enabled to sell his estates for payments of his debts. Bill recommended to the House accordingly.
Proceedings of Council, May 8, communicated to the Delegates, and it was recommended to them that Col. Thomas Smithson be encouraged to remain Chief Justice of the Provincial Court.
An Address of the Clergy of the Province was presented to H.E. and Council thanking them for their "noble and affectionate zeal in carrying on so pious a work, notwithstanding the restless endeavours which ill-affected men have used to obstruct and frustrate so good and Christian a design, etc." Signed, Jno. Lillingston, Ben. Nobbs, Hugh Jones, Thomas Cockshott, Gabriel D'Emilliane, Edward Topp, Rob. Owens, Joseph Colebatch, Henry Hall, Stephen Bordley, Richard Sewell, Richard Marsden, John Sharp, Wm. Tibbs, Joseph Hall, Jno. Edwards. H.E. and Council assured them of their best services on all occasions.
Ordered that the number of planters, etc. and servants be taken in the several counties and sent to the Council of Trade.
Vestry of St. Paul's Parish on Patapsco River, in Baltemore County, attending as ordered, and it being required of them to produce their accounts, how the 40lb. tobacco per poll raised in that parish has been disposed of, Richard Crumwell alleges for that the Sheriff, Lt. Col. Maxwell, is now very sick, but says that the Vestry have 20,000lb. of tobacco, wherewith they desire to build a Chapel of Ease for the parishioners on the south side of Patapsco River, but that being contrary to Law, Ordered by H.E. and Council that the Vestry do apply what tobacco they have in their hands belonging to the parish in building a pretty convenient house and purchasing a glebe for the Minister and his successor.
Resolves of the Delegates sent up that (1) Col. Smithson in all respects deserves well of this Province, (2) We never understood that any country or province has paid any judge or justices' salary, except defraying their charges, but such charges have been always defrayed out of H.M. Revenue. (3) For which reason we cannot think fit to lay any burthen on the public to raise any such salary as is proposed. At the same time the House sent down a resolve that Lt. Col. Thomas Smithson should be paid a gratuity of 50l. sterl. out of the Public Stock, if H.E. and Council agree.
Ordered that Col. John Bigger be paid 14l. 9s. for what he disbursed for cleaning arms etc. in Calvert County. 6l. paid to Charles Kilburn for his extraordinary care in looking after, firing and scaling the guns on the State House Hill.
Having found by experience that the mending and fixing arms in this Province is very chargeable, and will not answer the end designed, but that it is cheaper to buy new ones from England, Ordered that no more of the duty of 3d. per hhd. be applied that way, but only for purchasing new arms.
Thomas Brooke, the present Judge of the Admiralty Court, living remote from this place, Ordered that a Commission be prepared for the Hon. John Hammond to be Judge of that Court.
Address to H.M. sent up, and an Order to pay H.E. the remainder of the donation granted him last Session, which was assented to and sent down.
Phillemon Lloyd, Delegate for Talbot [sic] took the oaths, etc.
Ordinance for repairing the State-House in Annapolis sent up.
Journal of the Committee of Accounts examined and passed.
Bill for apportioning the public levy, sent up, was twice read, assented to, and sent down.
The House acquainted H.E. that they have nothing lying before them. H.E. gave his consent to the Bill empowering a Committee to apportion the public levy, and then adjourned the Assembly till the last day of August. [C.O. 5, 744. pp. 153–161.]
June 25.
667. Journal of House of Delegates of Maryland. 1l. paid to Elias King for cleaning some arms.
Committee of Election reported that Thomas Frisby is duly elected for Cæcil County, if at age. Mr. Frisby acknowledged himself not to be of full age till December next. Resolved, that he is not qualified to sit in this House. Warrant for new writ ordered.
15l. paid to Peter Sewell of Calvert County for a runaway negro that was shot.
And see preceding abstract under date.
June 26. Petition of James Benson, Executor of Samuel Withers, for a Bill to permit his selling his land for payment of debts read, and referred to a Committee.
Ordered, that, whereas several donations has been given to several persons, and no law provided to declare how it shall be applied, a Bill for that purpose be prepared against next Sessions of Assembly.
Ordered that Richard Beard be sent for to render an account of the country powder. His account was considered and passed. He was allowed 8l. sterl. for his pains.
Petition of Christopher Goodhands, etc., referred to next Sessions, in order that those concerned may have notice to appear.
Petitions of James Benson and Jasper Yates, relating to the sale of Milburne's lands, read and referred to next Sessions. Petitioners were advised to prepare a Bill.
Petition of Thomas Reynolds, Sheriff of Ann Arundel County, praying an allowance for fees for executing malefactors, rejected, the House being of opinion that the public ought not to be burthened with any fees in such cases.
George Muschamp, Thomas Beale, and Kenelm Cheseldyne were excused attendance.
Bill for assessing the public levy read twice.
Petition of Daniel Sherwood of Talbot County, and others, read and referred to next Sessions. Resolved, that the House will then take proper methods to suppress such irregularities in Officers' fees as thereby complained of.
The Journal of Accounts was passed.
Petition of Phillo. Smith, Keeper of the Ferry over Seavorne River, for leave to take up and build upon one acre on Town Common on the South of the River, granted.
The Address to Her Sacred Majesty, returned to the House signed by the Governor and Council, was signed by the Speaker and the rest of the Members in the House:—"Sad and dismal was the news of the death of our late gracious Sovereign, whose royal virtues and heroick achievements in restoring and establishing the reformed religion, and maintaining the just liberties of his subjects had rendered his person most dear and his memory most fragrant to all his loving subjects, and particularly to us who had always our just proportion of his Royal care and bounty. We have lost a good and great King, etc. ... We find ourselves not a little comforted when we behold your Majesty, whom we acknowledge our true and rightful Sovereign Queen and Leidge Lady, succeeding our late Sovereign, not only in his dignity and dominions, but in all his vertuous, pious and gracious inclinations and dispositions to protect our religion and liberties, according to our known and established Laws, and steddily and without interruption to prosecute the same alliances and royal designs, in which we pray God Almighty to prosper your Majesty, etc. We acknowledge our happiness under the immediate Government of your Majesty's Crown, and the establishment of Religion among us, and herein we are obliged in gratitude to declare the care, integrity and justice of our present Governor, Nathaniel Blakiston, by whose example and encouragement religion has been advanced among us, and by whose Justice and Conduct we have enjoyed all that free subjects can reasonably desire or hope for, and for whose leaving us, because he has not his health, we are heartily sorry, and entirely depend on your Majesty's wisdom and goodness to supply us in that particular. And we beseech your Majesty to continue your Royal care and consideration, assuring your Majesty of the sincere and good affections of the inhabitants thereof, from whom your Majesty may expect all that cheerful obedience which love and duty commands."
And see preceding abstract under date. [C.O. 5, 744. pp. 291–312.]
June 25. 668. Minutes of Council in Assembly of the Massachusetts Bay. John Thacher, anew elected a Councellor, took the oaths appointed.
Accounts of the Treasurer passed.
H.E. gave his consent to the Bill granting a Poll-tax, etc.
Resolved, that Bills be brought in to make further provision for the setling and support of Ministers; and to oblige the payment of tunnage of shipping in gun-powder, now in time of war, during the continuance of the Act for granting the said duty.