America and West Indies: August 1702, 16-20

Pages 523-547

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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August 1702

Aug. 16.
849. Earl of Nottingham to the Council of Trade and Plantations. Enclosing, for their opinion, the following Memorial, and an extract of a letter from Bermuda. Signed, Nottingham. Enclosed,
849. i. Memorial presented by the Venetian Ambassador. In view of the interruptions to trade occasioned by the last war, makes proposals for allowing the Passports of the Venetian Republic during the present war. Copy. Italian. 2¼ pp. [C.O. 412, 548. pp. 455–457; and 389, 17. pp. 418–420.]
Aug. 17.
850. William Popple, jr., to Mr. Lownds. Mr. Johnson, Sir Nathaniel's son, having offered himself with Thomas Cary to be sureties for him in 2,000l., the Lords Commissioners for Trade and Plantations send you the enclosed draught of a bond, approved by Mr. Attorney General, for the Lord High Treasurer's directions that the same be taken at the Exchequer or elsewhere, as his Lordship shall think fit, it being a matter chiefly relating to H.M. Revenue. [C.O. 5, 1290. pp. 169, 170.]
Aug. 17.
851. William Popple, Junior, to William Lowndes. It being requisite to dispatch with the new Commissions and Instructions of Governors the several Acts of Parliament referred to, which are now out of print, the Council of Trade and Plantations desire you to move the Lord High Treasurer to have them reprinted and to deliver to them 100 each. List annexed. [C.O. 324, 8. pp. 178,179.]
Aug. 17. 852. Council of Trade and Plantations to the Board of Ordnance. H.M. having been pleased to order a sum not exceeding 2,000l. towards making good the demands of the Governor of the Leeward Islands, we enclose an estimate of Ordnance necessary to be sent immediately to the Leeward Islands, "The Lord High Treasurer having taken care that the value of the said stores, freight and other incidents to be made good to the Office of the Ordnance." Signed, Dartmouth, Wm. Blathwayt, John Pollexfen, Mat. Prior. Annexed,
852. i. Estimate referred to above, amounting to 1,999l. 18s. 9½d. [C.O. 153, 8. pp. 3–7.]
Aug. 17.
Post Office.
853. Sir Robert Cotton to [? William Popple]. I recd. yours of the 15th, relating to the miscarriage of a pacquet containing several letters from New York directed to Mr. Champanti, about which matter having had a complaint some time before the receipt of yours, I particularly made examination into the same at this office, and do find that not any of the Clerks of this office have observed any such pacquet, nor had any of the Letter carriers such a one delivered to their charge, which they must have had, if it had come to this office. I herewith send you the Postmaster of Bristol's answer to our Letter upon this occasion; I very much wonder that the Captain who brought the same, and who had, as I am informed a considerable sum of money offerred him to redeliver this parcel to the person who first intrusted it with him, should not upon his putting in a pacquett of that consequence into the Post Office at Bristol give some particular charge about the same. Our Deputy there is a very careful man, a person of substance and repute, who would, we doubt not, have forwarded the same, if it had come to his hands. Upon the whole I am apt to suspect it never was put into the office there. Please to communicate this to the Lords Commissioners of Trade. Signed, R. Cotton, Endorsed, Recd. Aug. 18, Read Sept. 3, 1702. 1 p. Enclosed,
853. i. Henry Pyne to Sir Robert Cotton and Sir Tho. Frankland, H.M. Post Masters General, at the General Post Office. Aug. 8, Bristol. Refers to an enquiry as to a pacquet for Mr. Champante from New York. "I do not remember in the least of any such pacquet." Signed, Hen. Pyne. Addressed. 1 p.
853. ii. Henry Pyne to the Post Masters General. Aug. 8, Bristol. Enclosing copy of receipt given by him to Nico. Thehoven [Tienhoven above], the Master of a vessel from New York for 142 letters and pacquets, July 8, 1702. Signed, Hen. Pyne. P.S. At past 10 at night here arrived the Moses brigantine of and for London, Saml. Lowder Master, was forced up here by a French Privateer. Addressed. ¾ p. [C.O. 5, 1047. Nos. 66, 66.i., ii.]
Aug. 17.
854. Journal of Council of Trade and Plantations. Capt. Haskett attending acquainted the Board that Mr. Doggett, Secretary of the Bahamas, with some others being lately arrived, he could now make proof of what he had alledged. Doget, being called, said that the occasion of the People's seizing Capt. Hasket was his prosecuting some of the principal of them for illegal trade and other crimes; that he himself was seized by them, but escaped with Capt. Hasket's wife to Carolina, from whence he came last, and promised to bring a full Memorial of the disorders of that Government.
Letter to the Board of Ordnance signed.
Letter from Mr. Hutchinson, with the names of proposed Councillors for the Leeward Islands, read, and thereupon ordered that John Horn and Thomas Minor be added to the Council of Nevis; Henry Lions and John Lyons to the Council of Antego; John Dayly, Joseph Little and —— Crow to the Council of Mountserrat; and Robert Cunningham and John Panton to the Council of St. Christopher's.
Aug. 18. Letter from the Earl of Nottingham, Aug. 16, read. Letter in answer, signed.
Sir Wm. Beeston, late Governor of Jamaica, attending, and being asked several questions relating to that Island, particularly about the Act passed by the Duke of Albemarl for settling the Revenue, he said that the two last Assemblies were very averse to the passing an equivalent to that Act, and that he believed all that they could be brought to do, would be to pass Acts for settling the Revenue from year to year; whereupon ordered that an Instruction relating to that matter be given to the next Governor.
Letter to the Earl of Nottingham, returning Mr. Penn's reply, signed.
Representation wherewith to lay before H.M. Sir Bevil Granville's Instructions, signed.
Representation wherewith to lay before H.M. the draft of a Commission for the Lord Cornbury to be Governor of New Jersey, signed.
Representation to lay before H.M. the draught of Instructions for Col. Codrington, Governor of the Leeward Islands, signed.
Mr. Docmenique, attending, desired that there might be no alteration in the twelve persons proposed by him and the rest of the Proprietors of East and West New Jersey, Dec. 5, to be of the Council; whereupon their Lordships agreed to insert the names of those twelve persons, and also of Col. Quary, in the Lord Cornbury's Instructions.
Sir Bevil Granville attending, the Order of Council, relating to the disposal of 5,500l. arising by the duty of 4½ per cent. towards the defence of the Charibbé Islands, was communicated to him, and he promised to bring to-morrow his opinion of what he thought necessary for the present.
Order of Council, Aug. 6, relating to Stores of War to be sent to Virginia was read, and a copy ordered to be kept, and directions given for preparing a letter to the Board of Ordnance.
Aug. 19. Letter to the Board of Ordnance, signed.
Order of Council, Aug. 6, relating to the petition for the defence of Barbadoes, read. Representation thereupon ordered.
Mr. Dummer acquainted the Board that, having attended the Earl of Nottingham in relation to his proposal for settling a course of correspondence with the Island Plantations, he had offered that his boats should go to Barbadoes and the Leeward Islands, and from thence home by the way of Jamaica, and that without going to Jamaica he could not undertake the service, and therefore desired, if that was not approved, to be discharged from the proposal he had made; but if H.M. would be pleased to hire his boats, and be at the expense of wear and tear, and pay the men's wages, etc., he would agree to it that way, and then the boats might be sent as should be thought fit. But their Lordships desiring him to consider it further, a copy of their letter to Lord Nottingham, June 22, was delivered to him, and he promised to bring his answer on Friday.
Letter to the Earl of Nottingham, signed. [C.O. 391, 15. pp. 178–186; and 391, 96. Nos. 140–142.]
Aug. 17. 855. Minutes of Council of Virginia. H.E. communicated to the Council a Speech which he intended to make to the Burgesses.
Petition of James [sic, ? Jane] Chandelor, wife of William Chandelor of Westmoreland County, committed to prison on suspicion of drowning his man-servant, referred.
Mr. Harrison gave his opinion that Wm. Clerk, etc. [see Aug. 15], ought to take the ordinary process in the Court of Admiralty for their relief.
Aug. 18. Upon the petition of Mrs. Chandelor [above] ordered that William Chandelor be given a copy of the Coroner's Inquest when demanded, but not of the depositions given against him.
Mr. Commissary Blair said that pursuant to the Order of July 15, he had written to M. de Joux, the French Minister at the Manakin Town, and also made enquiry of several other persons there, whether he doth conform the Liturgy of the Church of England, which by letter he doth positively affirm that he doth.
Capt., James Moodie, H.M.S. Southampton, announcing that H.M.S. Centurion was arrived from New England, the Council advised that it was not necessary to detain the latter to convoy merchant ships, there being very few in the country, and those not ready to sail. [C.O. 5, 1409. pp. 250–252.]
Aug. 17. 856. Minutes of Council in Assembly of Virginia. Message from the Burgesses sent up that it is not convenient to proceed upon any Revisal of the Laws at this time.
And see preceding abstract.
Aug. 18. Petition of Thomas Pate for the sole privilege of keeping a ferry at York Town, and a similar petition of Mungo Sommervell read and referred to the House of Burgesses.
Proposition of some inhabitants of James City County, with regard to the division of that County and Charles City County, read and referred to the Burgesses.
Petition of Benjamin Lillingston read and referred to the Burgesses.
The House of Burgesses being summoned, H.E. addressed them:—Considering that all Europe are at vast expense to raise forces to secure their frontiers, I hope in God H.M. subjects of Virginia will thank the Almighty that they have not been put to more expense and trouble. I do in H.M. name thank you for your loyal and dutiful Address, which I have sent to the Council of Trade to be presented to H.M. Refers to the solemnity of the Proclamation etc. I do most earnestly recommend to you the putting Virginia in the best posture of defence you possibly can and herewith give Mr. Speaker some proposals wch. myself and the Council have formerly laid before your House. It was then time of peace, and I should be glad to know whether you are of the same opinion now in time of war. I will lay lists of the Militia, etc., and some proposals concerning the Militia before you. I recommend either the renewing the Ordinance for securing the country or something of the like nature. I thank God that there has been no occasion of making use of it, and you may be assured that no such power shall ever be made use of by me but upon absolute necessity, and that no cost nor pains shall be spared by me nor the venturing my life for the preserving this H.M. Colony and Dominion in peace and quietness etc. For [Virginia], since I had the honour and happiness of knowing it, I have had a very particular love and esteem.
You have referred the proposal of myself and Council for the more convenient transporting forces over Rivers and Creeks. I hope you will now take some effectual care about it, as likewise for settling how public letters, etc. shall be safely and speedily conveyed, as also the settling of the Ferries in the country. I have for some time found very great inconveniency for the want of those two things. You likewise referred the proposal for an Act for preventing the publication of false news, which now in time of war may be of very dangerous consequence, so I hope you will do something in this affair. Great complaints are made to me by the Captains of H.M. men of war, as likewise by a great many Captains of merchant ships, that their seamen were entertained and harboured on shore unto their great loss and damage, and that several run away, and when they have gotten hue and crys after them, they signified little or nothing. I earnestly recommend to you that those things be prevented by a Law, for without seamen ships are of little use, and all encouragement and care possible is taken in England about them. I should be glad to know your opinion whether it will be best to let the ships go singly, that are now in the Colony and shall arrive, or to detain them in hopes of some accidental convoy or till they be a fleet? I intend to send you some proposals concerning the Capitol, hoping in God that the next Assembly may meet there. I cordially recommend to you the laying the public levy, and hope you will have all the lists of the fittables this year, in order to do it most equitably. I having received no orders from England concerning the proposals of your allowing several things, I shall not now insist upon them; that we shall be all of one mind in having everybody's accounts concerning the public adjusted and paid this year what is justly due to them are my hopes, etc.
Aug. 19. Charles Evans took the oaths appointed as Clerk of the Committee for Propositions and Grievances.
Message sent down to the Burgesses:—The building of the Capitol being so far advanced, it is proposed that a Committee be appointed to consider (1) the appropriating the rooms for the several offices. etc., and particularly that the House of Burgesses may choose whether they will sit in the Great Room below or above, so that the said rooms may be fitted up during this winter season; (2) whether it be convenient that this October General Court be kept at the Capitol, and if so, that directions may be given for fitting up rooms for holding the same, and for the Secretary's Office, and that boxes be provided for keeping the Records belonging to the several offices, so as they may be removed with ease in case of fire; who shall take care of removing the said Records and placing them in the respective places allowed for them, and when the same shall be done; (3) that the bounds of the Capitol be laid out pursuant to the Act, and that it be considered whether it will not be necessary that the building be paled or railed in or inclosed by a brick wall at a convenient distance; and that directions may also be given concerning the bounds and rules of the prison. [C.O. 5, 1409. pp. 635–640.]
Aug. 17. 857. Journal of House of Burgesses of Virginia. Upon the petition of Robert Beverley several proceedings at Elizabeth City County Court in two suits wherein he is voucher were declared void, and ordered that no further proceedings be made in any such suit till he be out of his privilege as a Burgess.
Standing Orders passed, and Committees of Public Claims, Privileges and Elections, and Propositions and Grievances, appointed. All propositions, grievances and claims to be brought into the House by Aug. 20. Matters not dealt with in the two last Sessions ordered to be considered by the Committees.
And see preceding abstract.
Aug. 18. See preceding abstract. H.E.'s Speech considered.
Grievances of inhabitants of Charles City County against the division of the County rejected, not being attested as the Law directs.
Other grievances referred to Committee.
Aug. 19. Several Public Claims were referred to the Committee.
See preceding abstract. H.E.'s message ordered to be taken into consideration to-morrow.
Accounts of Thomas Mountfort, late Sheriff of James City County, referred till next Session, on his petition.
Several petitions referred to the Committee of Claims.
Ordered that Mr. Treasurer Carter lay his accounts before the House. Committee appointed to inspect them. [C.O. 5, 1408. pp. 446–457.]
[Aug. 18.] 858. Memorandum of extract of letter from Lt.-Gov. Bennet relating to convoys. ¼ p. [C.O. 323, 3. No. 137.]
Aug. 18.
859. Council of Trade and Plantations to the Earl of Nottingham. Acknowledge letter of Aug. 16. It is requisite that the Venetian Ambassador produce a form of the passport referred to, for us to give our opinion. Signed, Dartmouth, Robt. Cecill, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. [C.O. 389, 17. p. 421.]
Aug. 18.
860. Council of Trade and Plantations to the Queen. Enclosing draught of a "Commission for the Rt. Hon. the Lord Cornbury to be Governor of your Majesty's Province of Nova Cæsaria or New Jersey, which is in substance the same as was agreed to by the Proprietors before their surrender of their pretended right to the Government of that country." Signed, Dartmouth, Cecill, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. Annexed,
860. i. Draught of Commission of Lord Cornbury to be Governor of New Jersey. Whereas in the Government of that country . . . such miscarriages have happened that the country is fallen into disorder and confusion, which has accordingly been represented to our dearest brother the late King in several petitions, etc. signed by the General Proprietors and by great numbers of the inhabitants, and by means of that disorder the public peace and administration of Justice, whereby the properties of our subjects should be preserved there, is interrupted and violated, and the guard and defence of that country is totally neglected, that the same is in imminent danger of being lost from the Crown of England, and whereas the aforesaid Proprietors, being sensible that the said country cannot be secured by any other means than by our taking the Government under our immediate care, have made a formal surrender of their pretended right to the country, we therefore reposing especial trust and confidence in the prudence, courage and loyalty of you, out of our especial grace, certain knowledge and meer motion, have thought fit to constitute and appoint you to be our Captain General and Governor-in-Chief in and over Nova Cæsaria or New Jersey, viz., the divisions of East and West New Jersey.
The Commission follows the lines of those given Cal. 1699, No. 382, 1701, Nov. 26 etc. Three Counsellors to form a Quorum. [C.O. 5, 994A. pp. 22–40.]
Aug. 18.
861. Council of Trade and Plantations to the Earl of Nottingham. In reply to letter of Aug. 16. It is requisite the Venetian Ambassador produce a form of the passport referred to, upon which we shall be able to give our opinion, how far the same may consist with the Trade of England and the circumstances of the present war. Signed, Dartmouth, Rob. Cecill, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. [C.O. 412, 548. p. 458.]
Aug. 18.
862. Council of Trade and Plantations to the Earl of Nottingham. Having received from your Lordship Mr. Penn's reply to Col. Quary's answer to Mr. Penn's charge against the said Quary, we return the same, and pray your Lordship to peruse the two other papers enclosed, vizt., Mr. Penn's charge against Col. Quary and Col. Quary's answer. In May last we delivered to Mr. Penn the queries herein likewise enclosed, together with a letter which we sent to Mr. Penn in June, relating to his title to the soil and Government of the Three Lower Counties, and desired his answer, which having not yet been able to obtain from him, notwithstanding we have several times pressed him thereunto, and he has promised to comply therewith, we find ourselves obliged to beg your Lordship's assistance, that such an answer may be procured from Mr. Penn after so many months' expectation, it being of great importance for H.M. service in the Plantations, and without which we cannot finish a Representation we are preparing to lay before H.M. concerning the state of Philadelphia and the Three Lower Counties. Signed, Dartmouth, Robt. Cecill, Wm. Blathwayt, John Pollexfen, Mat. Prior. 1½ pp. [C.O. 5, 1233. No. 40; and 5, 1290. pp. 170–172.]
Aug. 18.
863. Council of Trade and Plantations to the Queen. In obedience to your Majesty's commands, we have prepared the draught of Instructions for Sir Bevill Granville, Governor of Barbados, wherein, pursuant to your Majesty's Order of July 9, we have inserted such clauses as we humbly conceive will secure the liberty and property of your Majesty's subjects there, instead of the Act which your Majesty was pleased to disallow, entituled An Act for the securing the liberty of H.M. subjects. Signed, Dartmouth, Robt. Cecill, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. Annexed,
863. i. Draught of Instructions for Governor Sir Bevill Granville. The Instructions follow in general the lines of those given Cal. 1701. No. 647. ii. and 1702, May 13. Variations and additions:—Whereas diverse complaints have been made of great delays and undue proceedings in the Courts of Justice in Barbados, by which many of our good subjects have suffered much prejudice, and whereas upon occasion thereof particular directions were given by the late King, for the reformation of all irregularities of that kind, under his sign manual, March 16, 1700/1, and for the better observance of those directions ordered the same to be entered upon the Council Books of the said Island, and it being of the utmost importance to the welfare and happiness of our subjects that justice be everywhere speedily and duly administered, and that all disorders and undue practices in the administration thereof be effectually reformed and removed, our will and pleasure is, and we do hereby strictly charge and require you to be exactly observant of the foresaid directions not only by your own diligence in holding Courts of Chancery and Courts of Errors as oft as there may be occasion, and by due circumspection in the determinations you shall there make; but also by your constant care and watchfulness over the conduct of the Inferior Courts, and of all persons concerned therein, that so nothing be introduced or practised in the administration of Justice within our said Island, which may tend to or occasion delay, partiality or any other just ground of complaint; and you are forthwith upon your arrival there to make exact enquiry into the present state of these matters, and to give an account thereof, with your observations upon the same to us and to our Commissioners for Trade, as before directed, and the like account and observations afterwards, as you may judge it necessary for our service, and for the good of our Island under your Government from time to time. Whereas we are above all things desirous that all our subjects may enjoy their legal rights and properties, you are to take especial care, that if any person be committed for any criminal matters (unless for treason or felony plainly and specially expressed in the warrant of commitment) he have free liberty to petition by himself or otherwise the Chief Baron or anyone of the Judges of the Common Pleas for a writ of Habeas Corpus, which upon such application shall be granted and served on the Provost Marshall, Gaoler, or other Officers having the custody of such prisoner, or shall be left at the goal or place where the prisoner is confined. And the said Provost Marshall or other Officer shall within three days after such service (on the petitioner's paying the fees and charges, and giving security that he will not escape by the way) make return of the writ and prisoner before the Judge who granted out the said writ, and there certifie the true cause of the imprisonment, and the said Judge shall discharge such prisoner, taking his recognizance and securities for his appearance at the Court where the offence is cognizable, and certifie the said writ and recognizance unto the Court, unless such offences appear to the said Judge not bailable by the Law of England. And in case the said Judge shall refuse to grant a writ of Habeas Corpus, on view of the copy of commitment or upon oath made of such copy having been denied the prisoner or any person requiring the same in his behalf, or shall delay to discharge the prisoner after the granting of such writ, the said Baron or Judge shall incur the forfeiture of his place. You are likewise to declare our pleasure that in case the Provost Marshall or other Officer shall imprison any person above twelve hours, except by a mittimus setting forth the cause thereof, he be removed from his office. And upon the application of any person wrongfully committed, the Judge shall issue his warrant to the Provost Marshall or other Officer to bring the prisoner before him, who shall be discharged without bail or paying fees. And the Provost Marshall or other Officer refusing obedience to such warrant, shall be thereupon removed, and if the said Judge denies his warrant, he shall likewise incur the forfeiture of his place. You shall give directions that no prisoner, being set at large by an Habeas Corpus, be recommitted for the same offence, but by the Court where he is bound to appear. And if any Baron, Judge, Provost Marshall or other Officer, contrary hereunto, shall recommit such person so bailed or delivered, you are to remove him from his place; and if the Provost Marshall, or other Officer having the custody of the prisoner, neglects to return the Habeas Corpus, or refuses a copy of the Commitment within six hours after demand made by the prisoner, or any other in his behalf, he shall likewise incur the forfeiture of his place.
And for the better prevention of long imprisonments, you are to appoint two Courts of Oyer and Terminus to be held yearly, viz., on the 2nd Tuesday in December and the 2nd Tuesday in June, the charge whereof to be paid by the Publick Treasury of our said Island, not exceeding 100l. each session. You are to take care that all prisoners in cases of treason or felony have free liberty to petition in open Court for their trials, that they be indicted at the first Court of Oyer and Terminer, unless it appears upon oath that the witnesses against them could not be produced, and that they be tried the Second Court, or discharged. And the Baron or Judge, upon motion made the last day of the Sessions in open Court, is to bail the prisoner, or upon the refusal of the said Baron or Judge, and Provost-Marshall or other Officer, to do their respective duties therein, they shall be removed from their places. Provided always that no person be discharged out of prison, who stands committed for debt, for any decree of Chancery or any legal proceeding of any Court of Record. And for the preventing any exactions that may be made upon prisoners, you are to declare our pleasure that no Baron or Judge shall receive for himself or Clerks for granting a writ of Habeas Corpus more than 2s. 6d., and the like sum for taking a recognizance, and that the Provost Marshall shall not receive more than five shillings for every commitment, 1s. 3d. for the bond the prisoner is to sign, 1s. 3d. for every copy of a mittimus, and 1s. 3d. for every mile he bringeth back the prisoner. And further you are to cause this our Royal Pleasure hereby signified to you to be made publick and registered in the Council Books of Barbados. . . . You shall cause a survey to be made of all the considerable landing-places and harbours in the said Island, and with the advice of our Council there, erect in any of them such fortifications as shall be necessary for the security and advantage of the said Island, which shall be done at the public charge; and whereas we have thought fit to give particular directions for applying the Duty of 4½ per cent. in our Charibbee Islands towards the repairing and erecting fortifications and other public uses for the safety of our Islands, and being sensible that the said Duty will not be sufficient for compleating and keeping in repair all the fortifications, and for the other public services necessary for the safety and welfare thereof, we do hereby will and require you to move the General Assembly that they continue the public levies which they have formerly been accustomed to raise for the fortifications and other foresaid public services, and from time to time pass such other Acts as may be requisite for the carrying on of that work, in which we doubt not of their cheerful concurrence, from the common security and benefit they will receive thereby. You are to send an account of imports and exports. No ships to come from Barbados without convoys (See Aug. 21). Appeals to the Governor in Council to be granted provided the value appealed for exceed 300l. sterl., and thence to the Queen, if the value exceed 500l., if appeal be made within 14 days after sentence and good security be given by the Appellant. Appeals to the Queen to be permitted in cases of fines exceeding 200l. You are to propose an Act, whereby the creditors of persons becoming bankrupts in England and having estates in Barbados, may be relieved and satisfied for the debts owing to them. You shall with the advice and consent of the Council (if not already done) erect a fair in each of the four Port towns; assist the neighbouring Plantations upon application of the Governors; keep the prison in repair; recommend to the Assembly the building a house for the Governor. You are earnestly to endeavour the re-enacting that Law, whereby all lands seized by process of Law for the satisfaction of debts should be sold as formerly by outcry; and to this purpose you are to acquaint the Assembly, how sensible we are, what great inconveniences and prejudices do arise to the trade of that Island by the difficulty men find in recovering their just debts; which, if by good laws and a due execution of them it be not timely remedied, will draw certain ruin upon the place, and therefore we earnestly recommend it to your care. If any the subjects of a foreign Prince, now in war with us, have already planted themselves upon any of the Islands of St. Lucia, Dominico, St. Vincent's or Tobago, or shall hereafter attempt to do the same, you are to endeavour with force to dislodge and remove them, and also to prevent what in you lies such attempts for the future; and upon all occasions effectually to assert and maintain the right of the Crown of England to the said Islands, and in order to the further asserting our right to the said Islands exclusive of all others, and to hinder the settlement of any Colony there, you are to give notice to any foreigners that shall pretend to make such settlement, that unless they shall remove within such time as you in your discretion shall assign, you shall be obliged by force to dispossess and send them from off the said island. You are not to encourage any planting, nor to grant unto any person any lands or tenements, which now are or hereafter shall be in our power to dispose of, in any of our Islands under your Government, except Barbados, until you shall receive from us further orders therein. You are to take unto yourself as Governor 200l. sterl. per annum out of our Revenue of 4½ per cent. from the date of your Commission, to be received by you upon the place from the sub-commissioners appointed for the collecting and managing that duty. [C.O. 29, 8. pp. 147–195.]
Aug. 18.
864. Council of Trade and Plantations to the Queen. Enclosing draft of the Instructions for Governor Codrington. Signed, Dartmouth, Robt. Cecil, Wm. Blathwayt, John Pollexfen, Mat. Prior. Annexed,
864. i. Instructions for Christopher Codrington, Governor of the Leeward Islands. [C.O. 153, 8. pp. 8–59.]
Aug. 18. 865. Journal of Assembly of Barbados. Absent Members fined. Resolved that the Committee of Correspondents do make application for the repayment of the money paid for the sending H.M. packetts to the Leeward Islands and Jamaica. Ordered that Capt. Charles Thomas be paid 113l. for the hire of his sloop Betty for the above-mentioned service.
Resolved, that Richard Baynes be paid for the maintenance of the French prisoners at the rate of 15d. per day. [And see s. Aug. 26.]
Levy of 18d. per head each negroe, for the use of the fortifications, agreed upon. Act ordered to be drawn accordingly. The Treasurer to have 3l. per cent. for his trouble.
Committee of Correspondents appointed.
Ordered that fit and convenient books be provided, and that such of the old books as want binding be new bound.
George Harper appointed to the Committee of Public Accounts in the stead of Nicholas Prideaux, lately deceased.
Ordered, that all the Commissioners of the Fortifications bear their own charges when sitting on public business, and that every person absenting himself from his duty pay 20s., without lawful and just reasons by letter shown, to be adjudged of by the majority of the Commissioners.
Petition of the Merchants and Traders, for setting out some vessels for the preservation of the ships coming to this island, read.
Ordered that an Act be prepared for making good and confirming all Acts passed by writs directed contrary to the Laws of this Island.
Commissioners appointed for taking up one brigantine and one sloop and fitting them out, and to take up money for the purpose at 10 p.c. to be re-paid in one year. Bill ordered to be drawn accordingly. [C.O. 31, 6. pp. 475–478.]
Aug. 18.
At Capt.
Jenour's, in
St. George's.
866. Minutes of Council of Bermuda. The Court or Board being sate, Col. Day and Mr. Larkin came in. The Governor pull'd off his hat and ordered chairs. Mr. Larkin took notes without contradiction. The Council being met in the afternoon, Mr. Larkin sent word he desired to speak with the Board. He was immediately sent for in; the Governor pull'd off his hat and pointed to the chair he sat in in the morning. Mr. Larkin stopt short of it, and acquainted us it was necessary the Queen should be proclaimed, or he could not forward the affairs he came on (to settle a Court of Admiralty), neither, said he, could we regularly proceed in any other business till that was done. The Governor replied, You shall have all the dispatch possible. Mr. Larkin withdrew after completing some private matters. The door was open for all such as had business relating to the Chancery Court. Accordingly, Col. Day appeared, and a little time after him Mr. Larkin, the Doorkeeper attending him with a chair. Col. Day moved he might be allowed to enter into security, according to the order and practice of this Court, to prosecute his appeal to H.M. in Council in a cause wherein he was plaintiff against the Crown about a house and land, notwithstanding the Secretary affirmed the time limited by Act of Assembly was elapsed for such security to be put in, and was ready to prove the same on oath. But Col. Day seeming positive to the contrary and making affidavit that he was with the Secretary in time in order to put in security, the Court allowed the same, and ordered it should be for 300l., and to pay treble damages in case the decree here should be confirmed, according to an Act of this country. Col. Day excepted against the greatness of the sum, and was strenuously backed by Mr. Larkin, who said it could not cost 50l. prosecuting in England. The Governor asked if he was feed in the case. He answered, he was amicus in curia (which was not proper to say when the Crown was concerned), but the Court considering the great expence the King had been at already here in Law and Equity, could not consent to the lessening the sum, 100l. being the least it could cost in all before it was determined in England. Col. Day then moved he might have a writ of error, for that he would not put in security to that value, but the Governor told him it could not be granted, an Appeal having been craved and allowed. Mr. Larkin urged very much for it, and argued that writs of error were not limited when to be allowed. The Governor answered a writ of error could be no great advantage, for in this case an Appeal was almost the same thing to Col. Day, for if there has bin erroneous proceedings here, he would have right done him upon the Appeal. Mr. Larkin passionately interrupting the Governor with very undecent gestures, said, No, I deny that a writ of error and an appeal is not the same thing, and went on to explain the nature of both, and seemed as if he was glad of an opportunity of exposing the Governor's understanding, and then prest for a writ of error. Whereupon the Governor asked if it was his opinion that a writ of error could legally be granted after an appeal allowed, to which he replied in a contemptuous manner, Sir, I am not to be tricked, and so sat down. But he immediately rose up again, and in a bullying way taking Col. Day by the sleeve, "Here is a gentleman" (speaking to the Council) "who has been your Governor, whom you have prosecuted for a dunghill, and never consider how you have cheated the King of 27 shares of land," and added that he had been here five weeks, and nobody came to him to complain against Col. Day, and that he believed he was not that man as represented. One of the Council asked what right could he do any person upon complaint. He answered, he was ready to do every man justice that would come to him. The Governor asked if he had any authority to examine into Col. Day's miscarriages, and, if he had, that he would shew it. He answered that he would show neither his Orders nor Instructions, and continued in his undecent way of arguing and reproached the Court, saying, "I am equal with the Governor, and you have not had the civility to order me a chair," notwithstanding that ceremony was constantly performed to him. [C.O. 40, 2. pp. 47, 48.]
Aug. 18. 867. Minutes of Council in Assembly of New Hampshire. The Lt.-Gov. (Wm. Partridge) suspended George Jeffrey from the Council. Mr. Jeffrey desired to know the reason. His Honour answered, he would give the Queen an account of the reasons for his so doing.
The House of Representatives were summoned to the Board, who accordingly came, and there not being a full Council, the Lt. Gov. adjourned the Assembly till Sept. 8. [C.O. 5, 789. p. 319.]
Aug. 19.
868. Council of Trade and Plantations to the Earl of Nottingham. We have received your Lordship's letter of Aug. 16. As to the enclosed letter from Bermuda, setting forth that it would be advisable to prevent provision ships bound from the Continent of America from going to the Southward without convoy, refer to a letter to Mr. Burchet, June 16. And we are further of opinion that if more men of war than what are already in the Plantations could be spared, they would be of great service in convoying the ships trading with provisions and otherwise to the Southern Plantations; but as those Plantations have a great dependence on the Colonies upon the Continent for provisions, we do not think it advisable that any provision ships be hindered from going to the Southern Plantations without convoy, unless the Governor of the Plantation, where such ship shall be laded, have a prospect of allowing convoy in a short time. Signed, Dartmouth, Wm. Blathwayt, John Pollexfen, Mat. Prior. Endorsed, R. Aug. 21, 1702. 1¾ pp. [C.O. 37, 25. No. 73; and 38, 5. pp. 242, 243.]
Aug. 19.
869. Council of Trade and Plantations to the Principall Officers of the Ordnance. Enclosing Order in Council, Aug. 6. We desire you to take care that the same stores be expedited accordingly, and consigned to Col. Nicholson or the C. in C. for the time being. Signed, Dartmouth, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. [C.O. 5, 1360. p. 221; and 5, 1335. p. 34.]
Aug. 19.
870. Earl of Nottingham to the Council of Trade and Plantations. The Queen would have you prepare a Commission and Instructions for one, leaving a blank for the person's name, to be Governor of Jamaica, taking care that what relates to the Admiralty be altered so as to agree with Sir Bevill Granville's Instructions in that particular. I should be glad if this could be done by Monday next, so as that the Commission and Instructions might then be presented to H.M. in Council for her approbation. Signed, Nottingham. Endorsed, Recd. Read Aug. 21, 1702. 1 p. [C.O. 137, 5. No. 76; and 138, 10. p. 353.]
[Aug. 19.] 871. John Usher to the Council of Trade and Plantations. Memorial as to the proceedings in New Hampshire, 1696, 1697. See previous volumes of this Calendar. Signed, John Usher. Endorsed, Recd. Aug. 19, Read Sept. 4. 1702. 3 pp. [C.O. 5, 862. No. 128; and 5, 910. pp. 241–251.]
Aug. 19. 872. George Larkin to the Council of Trade and Plantations. I am now at Bermuda, where neither the Queen nor the War are yet proclaimed. They do indeed pray for her Majesty in the publick prayers of the Church, but at the same time hold all their Courts in the name of the late King, the Collector of the Customs clears all ships and vessels in his name, and the Secretary in the Queen's, which seemed to me very absurd. The Governor and Council sitting yesterday, I took leave to acquaint them that it was now near upon six months since H.M. decease, and that I had been with General Codrington in May last when her Majesty was proclaimed in the Leeward Islands, both at Nevis and St. Christopher's, that it was probable the pacquet for this place had miscarried, and therefore it was requisite they should take the same into their consideration. The present Governor has since his coming given out either eleven or thirteen Commissions to private men of war, which differ in some clauses from the Commissions granted by former Governors. I was in hopes to have procured copies of each and transmitted them by this oppertunity, but the Governour having notice by the Secretary that I had been at the office and made some enquiry into the matter, directed the Secretary to let me have nothing out of the office until he was made acquainted therewith. The tenour of these Commissions are to suppress pyrates, sea-rovers and the Queen's enemies, to visit ships and do everything that H.M. men-of-war can or may do, and also to execute Martial Law on board. Since my coming here I have seen one of them sail out of the Town Harbour with H.M. Jack, Ensigne and Pennant, and not the distinguishing Jack directed by the Admiralty. How far the Governours of the Plantations are justifiable in granting Commissions of this nature, I must humbly submit to your Lordships, but I am very well assured that they have been, and still may be of very ill consequence, and I don't remember that I ever heard of any Law that warrants the executing Martial Law at sea (excepting the Statute of the 13 Car. II., which I think relates wholly to H.M. ships of war, and to those that are in actual pay in H.M. service). Besides, H.M. is at a great expense of powder in answering the salutes of these vessels, for as often as they have occasion to go out or come into this Harbour, every one of them gives five gunns, and the Governor returns them gunn for gunn. I'le get your Lordships copies of these Commissions, if possible, before I go hence, of which I see no manner of probability as yet, scarce a vessel going hence to Jamaica in three of four months, unless forced in by chance.
This, my Lords, is one of the distracted'st little Governments that I yet came into, and truly, as far as I can learne, occasion'd chiefly by Mr. Anthony White, Mr. Walker, and Mr. Sporforth, three of the Council, and Mr. Dickeson, a Justice of the Peace, who, if all things are not carried in their Courts at Law, Courts of Appeal, Chancery and Councill according to their desire, and are not in a manner Governors themselves, immediately fly in the face of the Governour, and if out of the Council, they make use of some other person, as the monkey did the cat's foot. These gentlemen are said to meet and agree how matters shall go before they come to Councill or to Court, and therefore called the Flatts Government; were it not for them Bermuda might be as quiet a Government as any in America. I presume the Governor has given your Lordships an account of his suspending Mr. Jones from his employment of Secretary and Provost Marshall General ex officio et beneficio. I am concerned to see an officer commissionated under the Great Seal of England used after such a barbarous manner, which took its rise from a little peake betwixt him and the Governour. And now there is no less than ten Appeals depending before the Governour and Council, and most of them for executing warrants etc. virtute officii from the late Governor and Chief Justice, and about eight indictments, copies of which come herewith enclosed. I find also the Assembly interposing in this matter to justify what the Governour has done, and carried it so far as to make an Act of Assembly, by which your Lordships will very easily perceive that their drift is to reduce those employments which are now in the nomination of the Crown, as Governour, Secretary and Provost Marshall, to such an estate as no person may accept of them but the natives of the Island, and then they'l use H.M. subjects here as they please themselves. I transmit herewith Jones' case. The late Governor, Mr. Day, is under the same dilemma, and I think there is as many Appeals depending against him for offences and misdemeanours committed during the time of his Government, without any manner of regard to the Act of Parliament touching Governours of Plantations, tho' the same has been pleaded. One of them is for seizing sixteen ounces of clipping, which he transmitted to the Lords Commissioners of the Treasury; another is for taking up one Daniel Smith, a pirate, and for seizing some lands purchased with the money by an Order from the King and Councill. Such unheard of practices were never certainly transacted in any Government belonging to the Crown of England as there is in this. I hope your Lordships will believe that I am far from justifying Mr. Day. I believe he has been guilty of abundance of irregularities, and here is a general complaint against him, but few particulars. What he did, he did by virtue of his power as being Governour; what they do now against him seems to me to be as bad, or rather worse, being under the pretence or colour of law. If a Governor of Bermuda cannot dispense with his oath, which he takes for the preservation of the Acts of Trade, and breake his Instructions, the people of the country are soon offended at him. This Gentleman strives all he can to make himself popular, and in hopes of gaining a good name in order to a better Government, permits them do even what they please themselves. Indeed he has taken a great deal of pains in disciplining the Militia, in order to make them serviceable when occasion shall offer, and in a redinesse upon any alarm, as also in fortifying those parts of the Island which seemed defective, tho' truly I think it's sufficiently done by Nature. He has directed that the negroes, malattoes, and Indians be instructed in a sort of discipline, to make them also serviceable upon occasion. How far it's advisable, or may prove to the advantage of these Islands, to teach them the use of arms, since they are equal in number, if they don't exceed the Whites, I cannot pretend to say.
In the Instructions given to the Governors of this place, it's particularly directed that all vessels arriving within the Government shall, with the first opportunity of wind and weather, come to an anchor in the Castle or St. George's Harbour, and that he shall not permit them to load or unload any goods in any other port, notwithstanding which, for a small present to the Governour, the same is dispensed with, and they are suffered to go up into the country, where almost every Master of a vessel hath his storehouse, by means whereof H.M. is a sufferer in her Customs, and here's brandy and other commodities brought frequently both from the French and Dutch Islands. One way of trading I understand they have here as well as in other places upon the Continent of America, which admits of no dispute at their returne; a vessel goes from this place to Barbados, and there the Master shall make an entry at the Custom House of a parcel of dry goods, so many pieces of Holland, or Holland's Duck, or any other commodities which he is sure he can have at the Dutch or French Islands; he hath cocquets for these goods, but afterwards will pretend that his money falls short and he cannot make purchase of them, but gives out that perhaps he may receive money before he leaves the Island. He afterwards takes out his clearings and goes away to the Dutch or French Islands, and there takes in the goods for which he had cocquetts at Barbados.
In June last was twelve months an Assembly was called, and the precept was directed to the Justices of the several Tribes or Parishes to send four persons out of every tribe to the Assembly. In this precept there was a clause in which the Justices were liable to be chosen themselves, which was never in any former precept, and seven Justices returned themselves and continue sitting to this very day, notwithstanding the death of H.M. Here is but one Court held in a year at Christmas, which is called the Court of Assize or General Gaol Delivery. If a person be indebted to another, if he does not enter his action against him two months before the sitting of the Court, he is remediless until that time twelve months, and if one sells goods to another above the value of 40s., tho' he agree for to be paid in ready money, he must stay for it till Christmas, for by an Act of Assembly no one can be allowed a special Court but a merchant stranger or mariner. There should, with submission I thinke, be a Court once in a quarter of a year. This is a very populous place; according to the best computation there is at least 6,000 souls, and the Bermudians for the generality are a people of very ill principles, addicted to idleness; they would rather go out in their boats and catch a groat's worth of fish than get a piece of eight any other way. They make no manner of improvements in their lands, tho' it would produce as good sugar-cane as any place in the West Indies. Indeed, if there was anything of that nature, there would be a reason for people's staying for their debts till crop time. Here is several thousand weight of tobacco planted in a year, and sent abroad, for which there is a penny per lb. Custom payable to H.M., but a very small quantity of it comes to the knowledge of the Collector, for the negroes carry it aboard by night, and a negro by an Act of Assembly here cannot be evidence against a white person, so that if the Collector cannot discover the owners, if he happens to make a seizure, I believe H.M. has very little advantage by it, and therefore I would humbly propose that there be an Act of Assembly that every Planter or owner of any ground in these Islands planted with tobacco shall be obliged at crop-time or gathering in of the tobacco to enter upon oath with the Collector the quantity of tobacco so planted, upon the forfeiture of paying 2d. per lb. for every pound concealed, whether planted by planter, or by owner of any ground, or negro slave, or free negro or mallato; that the duty of a 1d. per lb. be paid in six months after crop time, for in that time I am credibly informed that there is not a pound of tobacco to be bought in the Islands, and nobody can or will give an account what is become of it, and that the planter or owner of the ground be allowed ¼ of a cwt. custom-free for his own smoking.
In all the Leeward Islands, nor in Bermuda there is not at present any establish'd officers belonging to the Vice-Admiralty Court as Judge, Advocate, Register or Marshall, but the same are from time to time deputed as occasions offer. When any Court of Admiralty happens to be held, the persons I have herein before hinted to your Lordships are general Councill in the matter, and nothing will serve them but a jury in the Admiralty. And I do declare it, for as much as I have seen in the tryalls against Col. Day and Jones, I would not try a cockroach by a Bermuda Jury. For every Court that's held, the Governor claims 8l. 17s. 8d. They have ever been here for giving that Court all the discouragement that may be, and with submission the jurisdiction of the Admiralty ought to be better established all over the West Indies than at present I find it is. Since my coming here a vessel laden with log-wood hath been unfortunately cast upon the rocks; some of the inhabitants went immediately off, and instead of affording their assistance, cut away her boat from her stern, cut up her decks, broke open the Master's Cabbin, carryed away his best clothes and great part of the lading. So barbarous are the people of this country, when anything of that nature happens, which is too often. I told the Governour, as he was Vice-Admirall he ought to enquire into the matter, and to take particular care to severely punish those whom he found guilty of such a piece of cruelty, but I don't find that he has done anything therein as yet. Signed, Geo. Larkin. Endorsed, Recd. 28th, Read Oct. 30, 1702. Holograph. 5 pp. Enclosed,
872. i. Abstract of preceding. 3½ pp.
872. ii. Copy of the Indictments and Sentences against Mr. Jones, Provost Marshall of Bermuda. Endorsed, Recd. Oct. 28, 1702. 8¼ pp.
872. iii. Copy of the case of Mr. Jones, suspended by Governor Bennet from his offices of Secretary and Provost Marshall of Bermuda. Endorsed, Recd. Oct. 28, 1702. 2½ pp. [C.O. 37, 4. Nos. 3, 3.i.–iii.; and (without enclosures) 38, 5. pp. 302–311.]
Aug. 20.
873. George Jaffreys to John Usher. H.E. Col. Dudley came to this Province last month. It was a sore exercise to Mr. Partridge that I was named one of the Council. He was pleased to represent me to the Governor in so black colors as malice could invent, hoping to hinder my sitting in Council, but the Governor found it was only prejudice in him. He was pleased to desire me to go to Mr. Partridge and to desire reconciliation with him, which I said I could not do, never having given him just cause of offence. I prayed H.E. to call us both before him and Council, that I might answer what might be objected against me, and did not doubt but that I should not only cleire myself, but make appeire he was such a person as he would insinuate me to be, for could prove since he was L.G. he hath a vessel from Bilboa with iron etc. notwithstanding his solemn oath to see to the punctual observing the Acts of Trade. I have discoursed the persons that landed the iron, but [discoursed] are afraid to give their evidence, considering his station, unless compelled to it. The Governor was not willing to admit of a public heiring, but after some time sent for me to Council to take my place at the Board. But soon after he went away Mr. Partridge suspended me. I desired to know his reasons. He told me he would give his reasons to the Queen. I then told him (although I was not ambitious of sitting with him), the Queen's Commission did give him no power of suspension, he having no Commission from the Queen. Whatever reasons he can offer, I know can prove them false and malitious. The Assembly hath given H.E. 250l., and made a Law for raising double impost upon all goods imported, and 2s. per tun for all lumber exported. They had some time before given Mr. Partridge 300l., having been kept a standing Assembly for more than three years, and are almost all that favor Partridge. It is unaccountable what money hath been raised in this poor Province since Partridge had anything to do with the Government; above duble in proportion what was raised in time of the last warr with France, altho' then we had sogers to maintain, and, as your Honour knows, not one penny to the Governor, not so much as to bear your expense in serving the Public. And now Mr. Partridge, altho' he hath a considerable trade, must be free of all taxes etc. which is a great loss to the Province, besides half of the Naval Officers' fees, which are exacted arbitrarly, and besides all other perquisites, which he makes the most of. And none knows what good he hath done for it, but making a interest for himself, and putting most of the Assembly in places of trust. He yet detains the cotton-wool, which your Honour formerly had advice of, and Mr. Sheafe hath been encouraged to make a new seizure of it, in order to a new trial, notwithstanding it's been cleired by the Supreme Court of Judicature heir. Signed, Geo. Jaffreys. P.S.—Litell notice taken of Mr. Armstrong's complaints; it's believed he will not come to prosecute them. Addressed. 1½ pp. [C.O. 5, 862. No. 129.]
[Aug. 20.] 874. Petition of Edward Haistwell etc. to the Council of Trade and Plantations. We are informed a Bill is passed by the Assembly of Maryland for maintenance of the clergy and other things, whereby our Friends there conceive they may be deprived of that liberty with security to their property which was the encouragement of their first settlement, and which was without interruption continued to them for about 60 years. Pray for a copy of the Bill and liberty to be heard thereupon before the same be presented to the Queen for her assent. Signed, Ed. Haistwell, John Feild, Theodor Eccleston, Jos. Wyeth. Endorsed, Recd. Aug. 20, Read Sept. 3, 1702. 1 p. [C.O. 5, 715. No. 54; and 5, 726. p. 132.]
Aug. 20.
875. E. Jenings to [? the Earl of Manchester]. Your Lordship having signified to H.E. that this Government is within your Province, where having the honour to be H.M. Secretary, I hope your Lordship will pardon this presumption. H.E. being gone into our Bay to forward Capt. Herne in H.M.S. Centurion, and being uncertain after H.E.'s return whether time may permit him to write to your Lordship, I think it incumbent on me to let your Lordship know, H.E. met the Assembly the 12th instant according to Prorogation, and having intimation of war being proclaimed in England, very earnestly recommended to them the providing for the better defence of the country and transporting forces and conveyance of speedy intelligence in time of danger and preventing seamen from running away from H.M. ships of war, and discharge of public debts. H.E. thought not fit to offer more then what absolutely necessary for H.M. service at this juncture, being the most uneasiest season of the year. And tho' the whole body of the Laws are in such a readiness as may be proceeded on, yet he thinks it better to leave it to their choice than greatly urge it at this time. The balance of H.M. Revenue here will be very serviceable this ensuing year, for the little expectation of large crops makes it very doubtful whether the Revenue will arise to discharge the established and contingent charges of the Government. Compliments. Signed, E. Jenings. Endorsed, Recd. from Ld. Manchester, Oct. 21. 2 pp. [C.O. 5, 1339. No. 71.]
Aug. 20. 876. E. Jenings to the Council of Trade and Plantations. Similar letter to preceding, with additions. H.M.S. Warwick, with her convoy, sailed the last of the past month....The raines has been a great prejudice to the crops both as to quality and quantity. Signed, E. Jenings. Endorsed, Recd. Read Oct. 20, 1702. Holograph. 2½ pp. [C.O. 5, 1313. No. 1; and 5, 1360. pp. 318, 319.]
Aug. 20. 877. John Doggett, Secretary of New Providence, to the Council of Trade and Plantations. A true relation of the Rebellion lately committed in New Providence. On Oct. 5 last, I being then at the dwelling-house of Elias Haskett, then Governor, Read Elding, John Warren and Benjamin Griffin, together with a considerable number of inhabitants, did about 7 or 8 o'clock at night break into his house, in order to put into execution a design which they had laid to murder him. First John Warren presented a pistol to his breast, but the Governor put the muzzle of it by; however, it fired and wounded one of the conspirators, breaking his thigh-bone; upon which Warren broke the muzzle of the pistol in his hand, and with the butt-end broke the Governor's head in several places. Then the conspirators hurried him into the Fort, where they kept him in irons for about three days, and then conveyed him to the house of Ellis Lightwood about four miles distant, and again loaded him with irons, and kept him under a strict guard till Nov. 13, during which time they permitted no communication with him. His lady and her sister fled to the woods, but some of the rebels pursuing them with naked swords took and confined them in the Fort, whilst others ransacked his house, and seized all his money, papers etc. and the Providence galley with her lading and the Governor's sloop. They opened his storehouse also, and seized upon all his goods and merchandizes, which consisting partly of beef, pork, meal. bisquets, liquors, sugars, and other provisions, they distributed among the poorer sort, till at length some of them were brought over by persuasion, and others forced by threats and punishment to put their hands to an instrument, whereby they obliged themselves to contribute a certain summe to carry on a prosecution against the Governor, upon Articles which I presume are now lying before your Lopps. On Oct. 5. the Conspirators seized also on the Chief Judge, the Chief Judge of the Admiralty and myself, the then Secretary, but I found means to escape out of their hands to my Plantation. But they broke open my house in town, got into my office, took the Seal of the Island and part of the Records and what other papers they thought most convenient for their purpose. On Nov. 13 they forced the Governor on board a small ketch belonging to New York, but by a particular order of the rebellious Council, they would not permit his Lady to bear him company, nor suffer any friend or servant he then had to go along with him. On that day I saw him for the first time. They permitted me also to wait on him on board, where, at the command of Ellis Lightwood. Thomas Gore, Read Elding and George Graham, all of the Council, I saw the irons, which he had been released from merely for the conveniency of travel on horse-back, rivetted on his legs. I remonstrated against this unnecessary hardship, but in vain. Signed, Jno. Doggett. Mrs. Elinor Hooper, Charles Mecarte, Sary Mecarte [? McCarthy] are ready to make oath to the above. 2 pp. Appended,
877. i. Reasons that induced them to this barbarous treatment of the Governor. See Governor Haskett's defence. The Articles they lay to his charge are altogether scandalous or false. He never did anything contrary to Law or that was any grievance to the people, but always discharged the duty of a careful and good Governor. Unless speedy care be taken of that Island, by H.M. sending a force thither, it will inevitably in a short time fall into the hands of the French. 4 pp. The whole endorsed, Recd. Read Aug. 21, 1702. [C.O. 5, 1261. Nos. 148, 148.i.; and 5, 1290. pp. 173–194.]
Aug. 20. 878. The Queen to Governor Nicholson, giving directions for defraying the cost of the Stores of War, sent to Virginia, as No. 815. Countersigned, Godolphin. 2 pp. Annexed,
878. i. Duplicate of Estimate, No. 815.i. 1 p. The whole endorsed, Recd. Aug. 27, Read Sept. 3, 1702. [C.O. 5, 1312. Nos. 42, 42.i.; and (without enclosure) 5, 1360. pp. 222, 223.]
Aug. 20. 879. Minutes of Council in Assembly of Jamaica. Bills, for the more effectual raising parties to pursue and destroy rebellious and runaway slaves; and to confirm the will of John Reid etc. sent up, were read the first and second times, and committed.
Aug. 21. The first-named Bill was read with amendments.
Bill for the present subsistence of H.M. officers and soldiers sent up, was read a first and second and third time, and sent down.
Bill to reimburse John Sadler for money expended on the estate of Sarah Grace Sedgwick, a minor, deceased, sent up, was read a first and second time.
Aug. 22. Bills, for raising an Additional Duty and Impost, and to confirm the Acts of the last Assembly, sent up, were read three times, and sent down.
Bill for raising several sums of money to discharge the publick debts and providing funds for the safeguard of this Island, sent up, was read a first and second time.
Bill for the more effectual raising parties etc. sent down with amendments.
Joint Committee of the two Houses appointed to consider the Bill for raising money to discharge the debts etc. The Commissioners of the Council were instructed to propose (1) that a proviso be proposed to be inserted that the money arising by the Act be paid by the Commissioners by order of the Governor and Council to the respective persons and uses to whom and which appropriated, and no otherwise. (2) That a query be proposed whether the House intended that a bachelor or widower being Colonel and also a Councellor should be taxed in both capacities; (3) and why they taxed the Receiver General 100l., and took away the profits of his office by appointing Commissioners to receive and pay the money arising by this Act. (4) That they propose an amendment to the oath, that instead of island, it should be said parish. (5) And that a query should be proposed why they tax the Naval Officer 80l., being in the opinion of this Board an office of little profit. The Commissioners of the House approved only of the proviso (1). As to (2) they declared that such was the meaning of the House. As to (3) they said that it had been usual for Assemblies to appoint Commissioners for receiving and paying money raised by them. (4) As to the oath, they had put island for that the House had been informed some people at the time of laying taxes removed their negroes from one parish to another, and so evaded the same. (5) The House was informed the office was of great profit.
Message sent up that the Assembly adhered to the Money Bill without any amendments. Whereupon, the Bill was read the third time, and upon mature deliberation and consideration thereof, and the present exegencys this Island lies under, the Council unanimously resolved that :—Whereas in the said Bill, contrary to all former president and also to equity and justice, to tax a man for serving H.M. without pay or reward for his office that is a constant charge and loss of time in his affairs to him, the Assembly have taxed a Councellor for his office of Councellor, and have appointed Commissioners for receiving and paying H.M. money and allowances for the same, without their giving security or putting penalties for the same, yet considering the enemy is to windward of us with 22 sail of ships, and that the Revenue is so much in debt by providing for our defence, and the unhappy circumstances we lie under by not having hitherto made any legal provision for the officers and soldiers, which may occasion such disputes as to run us all into confusion, and also considering the difficulties that are fallen upon us in the Government by the death of the late King and his Captain-General, Brigadeer Selwyn, we have, for the safety of this H.M. Island, contrary to our own sence or reason, concurred with the Assembly in the said Bill, but with this our unanimous resolution, that this may never for the future be brought into president, and that no matter, thing or necessity whatsoever shall ever prevail with us for the future to consent to or do the like.
The Council then past the said Bill.
Act to reimburse John Sadler etc. was read the third time and passed.
The "Party" Bill was sent up with some of the amendments agreed to. It was read and passed the third time with such amendments as were agreed to by both Houses.
The Assembly attending, H.E. assented to the Acts, for the more effectual raising of parties to pursue and destroy rebellious and runaway slaves; for the present subsistence of H.M. officers and soldiers; for raising an additional duty and impost; to confirm the Act of the last Assembly; for raising money to discharge the public debts and for the safeguard of this Island; to reimburse John Sadler etc. Then the Governor prorogued the Assembly to the second Tuesday in November. [C.O. 140, 6. pp. 405–413.]
Aug. 20. 880. Minutes of Council of Virginia. Col. Custis desired to be excused from attending the present Assembly, he being lame of the gout.
Aug. 21. The Nattoway Indians making complaint that a woman and three children belonging to their Nation had been lately carried away by several Indians, wch. they suspected to be some of those who are tributary to this Government, or at least that they knew where the said captives were, Ordered that James Adams, Interpreter to the Pamunkey, Chickahominy, and Nanscatuo Indians, bring before H.E. and Council on the fifth day of next General Court, two of the great men of each of the said Nations to answer such matters as shall be there objected against them by the said Nattoway Indians, who are in like manner required to depute two of their men to attend. [C.O. 5, 1409. pp. 252, 253.]
Aug. 20. 881. Minutes of Council in Assembly of Virginia. Grievance from King William County, and petition of Capt. Robt. Snead praying to have the sole privilege of keeping the ferry at York Town, read and referred to the Burgesses; as also a petition of Barnabie Mackinne and other inhabitants on the South side of Blackwater Swamp that he have leave to erect a grist mill there, and two petitions of Chicheley Corbin Thacker for allowances for work done.
Aug. 21. Joint-Committee of the two Houses appointed to adjust matters relating to the Capitol. [C.O. 5, 1409. pp. 640, 641.]
Aug. 20. 882. Journal of House of Burgesses of Virginia. See preceding abstract.
Resolved that it is not convenient that the next October General Court be held in the Capitol. Resolved, that boxes be provided for keeping the Records belonging to the Secretary's Office and the Assembly Office, so as they may be removed easily in case of fire; and that the Clerks of the said Offices take care to remove the Records under their keeping to the Capitol, at such time as they shall be directed by the Governor and Council.
Claim of Mr. Robert Beverley for several services done at the Court for examining claims and titles to Pamunkey Neck Land, in behalf of the Indians, referred to next Session.
Grievance of James City County, praying for the speedy prevention of the frequent pressing of horses in and about Williamsburgh, referred to next Session.
Consideration of the Bounds between this Colony and Maryland referred to next Session.
Several Bills ordered in accordance with H.E.'s Speech.
Proposition of the Inhabitants of Wilmington parish in James City County, rejected.
Several Claims referred to the Committee.
Grievance from King William County, praying that the Indians may have the same privilege for wolves' heads as the English, rejected.