|
Dec. 21.
Whitehall. |
1404. Clerks of the Office to the Council of Trade and
Plantations. Pray for exemption from taxes, and enclose
presentments and orders, showing that Clerks in other Offices,
Excise, Post Office, Customs, Stamp Office and Admiralty,
whose salaries did not exceed 100l., were granted exemption.
6 pp. [C.O. 388, 75. Nos. 84, 84.i., ii.] |
Dec. 21.
Whitehall. |
1405. Council of Trade and Plantations to Mr. Secretary
Hedges. We have considered the petition of Matthew Plowman,
and have been attended by some persons lately inhabitants of
New Yorke, who have confirmed substance of his petition (see
Cal. A. and W. I. 1700. No. 807. i.) and that the value of the
provisions taken from him by Leisler might amount to 600l. as
alledged. We do not conceive his claim to be a debt of justice,
yet his condition is such that he appears to us an object of charity.
Signed, Dartmouth, Ph. Meadows, Wm. Blathwayt, John
Pollexfen, Mat. Prior. [C.O. 5, 1120. pp. 238, 239.] |
Dec. 21.
Whitehall. |
1406. W. Popple to the Commissioners for Prizes. The
Council of Trade and Plantations having had under consideration
your Memorial of Nov. 22, relating to the Neptune, desire you
to furnish them with a copy of the Order of the Court in Barbadoes
whereby you say "one-half" etc. [quoted. See Nov. 26], and
further to inform them wherein the Court of Barbadoes have proceeded irregularly, or wherein H.M. has been injured, either in that
or any other instance of the like kind; for that it does not appear
to them that the words "Statutes or Acts of Parliament," which
you interpret to mean "Acts of Assembly," can signify other
than the Acts of Parliament of this kingdome. And then the
distribution of that prize does not appear to them to have been
unduly made; wherein they therefore desire your particular
explanation. [C.O. 324, 8. pp. 312, 313.] |
Dec. 22.
London. |
1407. William Penn to the Council of Trade and Plantations.
I herewith send you a letter I have received from my Councill
in Pensilvania, together with an extract of letters from the
Secretary of my Govermt., as also an answer to the complaints
and aggravations of some persons against it, which I earnestly
beseech you to allow deliberate reading. And if the account given
therein may find the Credit, that the morals and caracter of
the people from whom it comes, deserves, I shal hope theirs that
have given us so much trouble will lessen with you, upon which
alone they seem to have presumed too far with some of the
inhabitants; and which I suppose would hardly have been
endured in any other Govermt. For there can never be a greater
Demonstration of Refractoriness and Faction, then where people
oppose effecting what they seemed to desire, and hinder doing
the very things they have before complain'd of for not being
done, and labouring with their utmost power and interest to
persuade or awe people from their duty in Government, and
then make that a reason of complaint against it. So that I am
under an absolute necessity of entreating your letter to require
our disturbers to demean themselves at least with less offence,
and rather study to promote than obstruct the publick peace
and justice, especially since we are yet under a treaty about
the Govt., and that we find by experience we have enemies
enough abroad to make Peace our choice, as well as interest, at
home. Here is a ship suddenly bound for New York, and another
to Boston. I therefore pray, for the prevention of the inconveniences that may unhappily arise from such contradictions,
your letter and duplicate to send by those opportunities which
are so uncertain, during this time of warr, and the great distance
will not allow present and suitable remedies. Signed, Wm. Penn.
Autograph. Endorsed, Recd. Jan. 11, Read March 3, 170¾.
2 pp. Enclosed, |
|
1407. i. Council of Pennsylvania to William Penn. Philad.
[? Aug. 26], 1703. May it please our Proprietary and
Governor, The mournful account of our late Lieut.
Governor's decease having by this time we hope reached
thee, we think ourselves obliged to acquaint Thee with
our circumstances and proceedings thereupon. Soon
as a Council could meet after the Governor's Interment
we published our Commission on the 4th 3d moth.
with a Resolution to act in all things absolutely necessary
for the present support of Governmt. in pursuance
of the powers of said Commission till further provision
could be made. But on 17th Col. Quary produced
to us then sitting an Order of the Queen in Council
requiring all Magistrates and Officers in this Govt.
to take the Oath directed by the Law of England, or
the Affirmation allowed by the said Law to Quakers,
and that no Judge be allowed to sitt upon the Bench,
who shall not first take the oath of a Judge, or in lieu
thereof the aforementioned Affirmation; also that
all persons who in England are obliged and are willing
to take an oath in any publick or Judicial proceeding,
be admitted so to doe, or otherwise all their proceedings
are declared to be null and void. With this Order by
directions from the Lords of Trade and Plantations (as
Col. Quary declared) all the Courts in the Govmt. were
served successively as they came, from wch. some among
us who too much make it their business to obstruct all our
affairs for their own sinister ends, took occasion to
endeavour a stop to the proceedings of the Courts at
that time, notwithstanding all the Magistrates of this and
most of the Counties had really taken all those oaths or
affirmations upon their admission. But because in
two of our Counties, Chester and Bucks, it will be very
difficult, and in Bucks almost impossible to find a
sufficient number of fitt persons to make a Quorum of
Justices that will take or administer an Oath, it will
be a very great hardship there to have none on the
Bench but such as can swear, for our frds. can no more
be concerned in administring an oath than they can
take one. And in all actions where the case pinches
either party, if they can from any corner of the Govmt.
bring in an evidence who demands an oath, the cause
must either drop, or a fitt number of persons must be
alwayes there to administer it, tho' only perhaps [fit ?]
upon the account of such an Evidence, a hardship
upon a people consisting chiefly of those that cannot
swear at all, that we presume had never been putt
upon us in these cases if fully understood. The Order
however appearing positive, several powers or writts of
Dedimus Potestatem for the Qualification of the
Magistrates were necessary, which must be issued by
the Council, but we ourselves not being qualified, it was
objected that there was a necessity for us first to take
what the Law required, and especially that injoyned
by the 7th and 8th Wm. III for the security of Trade,
for administring which to the Governor of this place
a Dedimus under the Great Seal of England is directed
to Col. Quary, Rd. Halliwell, and Jasper Yeats and two
more absent or deceased. For answering this, letters
were sent by us to the persons named, desiring them to
attend the Council on the 29th of the 4th moth. (to which
time it was delaid by Col. Quary's absence) in order to
discharge what was injoyned by the said Dedimus and
Order. Accordingly they came, and first for sometime
insisting on the surrender of the Dedimus into their
hands, which before had been kept with the Records of
the Govmt., upon their engagement to return it, it was
delivered to them, and they withdrew to consult what
was proper for them to doe. About an hour after
returning, they delivd. up the Dedimus again, as they
had engaged, but told the Council that unless five of
us, which number makes a Quorum, would take the
oath in express words as directed, they could not
administer it to fewer. It was insisted on that it should
be administred to such of the Council as could swear,
who were only two, and that if nothing else did, yet
the Queen's Order, which Col. Quary had produced,
gave liberty that an Affirmation should be taken in all
cases of Magistracy, where the persons could not take
the Oath, and therefore that if such should swear who
could, and the others, who in conscience could not,
took the affirmation, it might fully answer. To this,
that there might be no obstruction in business and the
administration of Justice, they were urged, but constantly refused, and thereupon withdrew. After which
one of them, viz. Rd. Halliwell, insultingly made his
boast that they had now laid the Govmt. on its back
and left it sprawling, unable to move hand or foot.
But the said Dedimus being also directed to five of the
Council and Collector of the Customs of the Port of
Philadelphia, as well to the others beforenamed, we
called the Collector and required of him, upon the others'
refusal, to discharge his duty in this case, but Col. Quary
having some influence over him by reason of his office
as Surveyor Genl. of this River, had sent for him before
and warned him not to meddle, upon which he also at
that time refused. But not only some of our own
Lawyers, but one in the neighbourhood, viz. J. Regnier,
eminent for his skill, taking some pains to inform him
that it was indispensably his duty to administer the
said oath, when required, to as many as would take it,
being sent for again, he complyed, and on the 16th of the
5th moth. administered it in Council to Judge Guest
and Capt. Finney, and the rest of us who could not
swear generally took and subscribed the same by an
Affirmation, according to the Law of England and the
Queen's Order, which was the utmost we could doe.
This obstruction being surmounted much to the disappointment of our Adversaries, we proceeded to
transact what was of immediate necessity before us,
but through these men's restless endeavours find it
extreamly difficult fully to discharge the duties of Govmt.
incumbent upon us, they taking all advantages of
throwing in our way whatever may perplex or be a
hardship to us, by reason of oaths or such other things
as are inconsistent with the principles of most of us.
Besides that many things occur in the administration
of Govmt. according to the Laws of England, if no
immunities by our own Laws must in these cases be
allowed us, that cannot well be executed by men of
our Profession. We doubt not but that according to
the Custom of these men they have been exhibiting
complaints against us, occasions for them being what
they daily court, and when by their endeavours by any
means brought to bear they greedily lay hold on them.
Governor Hamilton last winter issued a Commission of
Oyer and Terminer and Gaol delivery for the County of
Philadelphia to Judge Guest, Capt. Finney and Edwd.
Farmer. The trials were by the Commission required
to be wholly by oaths, because some of the Provincial
Judges had been tender of trying them otherwise, some
of the prisoners being upon their lives. But the
Attorney General that thou left us (J. Moore), instead
of discharging his duty in prosecuting for the Queen,
rode out of town, and such effectual endeavours had
been used with the persons impanelled for the juries (being
chiefly those called Churchmen and such as could take
oaths) that not one of them would serve, but positively
refused. The same methods had also been used in
Philadia. to prevent all persons from listing themselves
in the Militia under the said Governor's Commissions
last year, and yet we are credibly informed that they
have complained as well of the small appearance of
men in the Militia, as of people being tried only by
affirmation, tho' these Complainants themselves were
the causes of both. Their Plott is to have the whole
Govmt. represented to the Ministry to be in confusion,
and that thereupon it will be absolutely necessary to
be taken into the Queen's more immediate care; to
this end they magnify every small occurrence where
they can have the least grounds, and scruple not to
make where they find none, as Col. Quary has lately
done to the Lord Cornbury in a letter, as that Nobleman
himself declared, affirming that we were reduced to
such confusion that we had no Govmt. at all, or to this
effect, with a design to induce that Lord (who we
presume has more honr.) to represent it home upon
Quary's information, that it may there gain the greater
credit, but should it be so represented, we affirm 'tis
positively false, and shall take occasion to acquaint the
Lord Cornbury accordingly. It is also intended, we
are informed, to be made the subject of a complaint
that one Burgess, Lieut. to Capt. Pulleyn, Commander
of the —, Capt. Dampier's compa [nion in] his intended
expedition to the South Seas, lately brought in a prize
that the said [ship] had taken in the Canaries, loaden
with wheat, into our Capes, and that the said Bur[gess
going] on shoar at Lewis was not seized with his ship.
She had 12 guns and 15 men mostly English, and tho'
there was no reason to discredit the Master's or men's
report, yet it was [believed] they had left Capt. Pulleyn
upon some unfair design. An account of th[is being]
brought to Philadia. in the worst dress while the
Lord Cornbury was here in his [visit to us] from
Burlington at his accession to his Govt. there, upon a
consultation [with] him it was thought fitt that he,
as Vice-Admiral of Jersey, [should use?] his Commission
for seizing and bringing her up, and a vessel and men
fo[rthwith?] be furnished from this place, in order to
which preparations were forthwith [made, when?]
another vessel coming up the River brought advice that
the Prize had [sailed?]. We since hear by the post
from N. York that the said Capt. Burgess has co[me in ?]
thither, and is to have her legally condemned as his
prize. One would admire what consequence could be
drawn from hence, but w[e hear ?] the complaint is,
that she might as well have proved a Rogue as honest,
[and that ?] the County should have seized her, according
to the advice of the Collector ther[e, who being ?] youthful
and active was very brisk in endeavouring it, but mett
not with [any ?] concurrence as desired from the inhabitants, who perceiving her to be no [doubt ?] of some
force were unwilling to expose themselves in a hazardous
undertaking without seeing any reasonable cause for
it, or any probability of advantage or safety from it.
We indeed of Philadelphia upon the first information
feared it might prove worse, for it was represented to us
under some surprize, which caused those preparations,
our readiness towards which the Ld. Cornbury promised
he would duly acknowledge to the Queen or Ministry,
but the whole proving better than expected, and the
vessel being gone, it dropt, only we have thought fitt
to turn out the Sherif of that place upon complaint
of his refractory behaviour to the Collector in this and
some other cases. But if he or any other there should
be found deficient in their duty, we hope it will be
considered that these are some of the men who employed
Col. Quary in their behalf to complain against thee and
this Governmt., and therefore will not be imputed to
the Quakers here, there not being at that time above
one in the place, for W. Clark was then (as now) at
Philadia. However, because occasions are continually
taken from our circumstances chiefly upon our late
Governor's decease, all which might have been we hope
effectually stopt upon the arrival of his approbation
by the Queen had he lived, we most earnestly request
thee that thou would procure some fitt person of
Moderation and Temper, who can fully comply in all
points of Govermt. with the Law of Engld., to be
approved by the Queen and take the Govmt. wholly
upon him, that such men as these (Col. Quary and
Jno. Moore especially we mean) who have no interest
nor one foot of real estate that we know of in the place,
but seek the overthrow of the first Adventurers here
for their own sinister ends may no longer insult over
us, nor be suffered to make continual war upon the
just rights and privileges of both thyself and the people.
And we beseech thee more effectually to represent our
case with thy own to our Sovereign the Queen, whose
Justice and Tenderness to all her loving subjects we
are well assured would lead her of her innate goodness,
if acquainted with our circumstances, to protect us
from the designs of those men, who for the sake of
aggrandizing themselves by offices without any regard
to the true interests of Her Colonies, endeavour [to]
deprive us of our just rights, and injuriously become
in a great measure the Masters of the Toil and Labours
of an industrious people, who first embarqued in [a]
design of settling this Colony in a full expectation of
enjoying the privileges first [pro] posed to them without
Infraction. None are willing to pay a more entire
obedience to the Crown in all things in our Power, none
can acquitt themselves with more fidelity, [an]d therefore we would in all Humility hope that we shall never
be excluded from any [? shar] e of our royal Mistress's
benign influences, that others of her subjects happily
enjoy, [an]d that thou wilt also be favourably pleased
to use thy endeavours for the obtaining [? them] not
only for thy own just interests, but those also of the
people who have embarqued [wit] h thee, and among
the rest of, Thy most faithful friends, Griffith Owen,
Edwd. Shippen, Sam. Carpenter, Willm. Clark, Caleb
Pusey, Tho. Story. Endorsed, Recd. Jan. 11, Read
March 3, 170¾. 4 closely written pp. Edges torn.
Annexed, |
|
1407. ii. Abstract of preceding. 2 pp. |
|
1407. iii. Abstract of letters from [the Secretary of ?] Pensilvania giving an account of the uneasy and uncomfortable circumstances of the people and Government
through the practises of Robert Quary. 24, 4m., 1703.
Repeats part of preceding relating to Commission of
Oyer and Terminer at Philadelphia. Continues: The
endeavours of those factious persons had been too
successful. After Court, some enquiries were made
into the reasons of their refusal, and the principal
given were that trials of such criminals belonged
to the Provincial Court when it came of course, and
that a special Court seemed not so conformable to
the Law. This was wholly groundless, but served
to impose on those that knew no better. The real
argument was that the Commission being issued by
Col. Hamilton, who had not the Queen's Approbation,
was not valid in itself, and therefore none could be
safe to act under it. This was ridiculous, but the
whole design was to prevent all things that might
take away occasion of complaint, and they hoped
the delaying of Justice might prove a great one.
The endeavour of the Governour proving fruitless,
the criminals continued in prison, till the Provincial
Court returned of course, but still it returned under
the same disadvantages as the other did before, only
that the other Judge was present, which made up
three of such as could not swear. The Court being
called and all 5 in Town, Mr. Guest and Finney, as
they had done before, declined acting, and the other
3, William Clark, E. Shippen and Th. Masters held
the Court, and impanelled a Grand Jury, not by
oath, for that they could not administer, but by an
affirmation, according to the Law of England; which
being done and several discourses arising upon it,
being desirous to act cautiously to their utmost,
they advised not only among themselves, but at
length advised also with some Members of Council,
who concluded together that the Royal Charter to
Thee the Proprietary, requiring the Laws for felonies
etc. to be the same here as in England, until they
should be altered by Thee and the People, and the
same Charter in other clauses giving power to make
Laws, the Law of England could not be our rule
after such alterations were made, that Charter only
being the foundation of this Government; that having
made Laws of our own pursuant to its direction,
which were not yet disallowed, these must be our
guide; that we having a Law that directed how
Juries should be qualified, while we acted by that we
acted legally and could not act so by any other;
however that while this Government found no fault
with the administration of oaths, when it should be
thought there was occasion for them, it was very
probable the Government of England would not,
and therefore that such as should administer oaths,
being free to it, acted safely. Upon this the Grand
Jury was again attested, according to the Law of
this Govmt. in that case provided, and business
carried forward without any obstruction to the end,
at which one young man was burnt in the hand for
manslaughter, pleading the benefit of his clergy, and
a woman condemned to death for murdering her
child; but is not, nor is likely to be, executed. This
is a true state of the case, and if any fault be found,
it will scarcely, I suppose, lie at the Judge's door;
for there was a necessity to deliver those miserable
wretches out of gaol etc. The Governour, tho' always
desirous to have oaths administered, where it could
by any means be done, yet would not again venture
to issue a new Commission, for by that means their
old Commission, which is from thyself, and therefore
disputed by none, would be made void, and the
validity of the new one, issued by Govr. Hamn.,
not yet approved of, would be disputed, and
all the business of that Supream Court obstructed
etc. |
|
3, 7m. When the Lord Cornb. came to Burlington,
where a good number of friends, to shew their respects,
waited on him, C. Q. with the principal of his party
presented an Address from the Vestry of Philadelphia,
requesting his patronage to the Church, and closing
with a prayer that he would beseech the Qn. to extend
his Govt. over this Province. C. Q[uary] also in his
first congratulatory Address said, they hoped that
they also should be partakers of the happiness Jersey
enjoyed in his Govmt. He answered that it was their
business (to address the Qn.), but that when his
Mistress would be pleased to lay Her commands
on him, he would obey with alacrity. The Lord C.
upon a report of a ship supposed to be seizable, and
Col. Q. aggravating our inability to take effectual
measures therein, examined the informer and sent
for the Collector of Lewis to draw up a narrative
of it. He took notice of a complaint upon the 2 French
men's return from Canada, whom he examined and
gave advice to take security of them; which they gave
in 500l. each. |
|
On 3rd 7m., being Court-day at Chester, a dedimus
was sent from the Council, directed to Walter Martin,
a sober man, to administer the affirmations etc. required
by the Qn.'s Order. He agreed to discharge what
was enjoyned him, but Jasper Yeats prevailed on
him to the contrary; the chief argument was that
there was another oath (besides those sent), viz. that
of Abjuration, which he must administer also, and
because that was not sent with the rest, he could
administer none; but that oath and the Act that
enjoins it not extending to us, unless the Qn. should
positively order it, as she has done in the Commission
to Lord C., none here is under an obligation to take
it. This was a strenuous endeavour of Yeats, and
they say Moor, to prevent the Courts sitting, that so
they may be strengthened in their complaint and
represent us to be in confusion; that is their whole
plott. Some of them pretend power from the Lds. of
Trade to inspect our actions and use all their authority
to no other end then to perplex us and disturb our
Govt., but we are in a miserable case, if no care be
taken of us from home but to our destruction, and
none be employed among us, but such as are profest
adversaries to us. Sure our Superiours cannot intentionally be such hard masters. We shall hold our
Courts in despite of all their endeavours. |
|
The true state of Butterworth's brigantin, the only
vessel that came hither from Curasao since thy
Departure. She came up to N. Castle to water,
and the Master returning with the Collector, a
passenger on board having a chest of prohibited goods,
and seeing him, endeavoured to carry it off to Jersey
side, but was apprehended and the vessel seized and
the Master carried ashoare; but that night the Mate
went of with the vessel to Rhoad Island, the Master
being ashoar and very apprehensive he should never
see her more. This did not stop our prosecution of him,
for being informed he was come to this town, we
made a strict search, but mist him. Some time
after he went to Road Island and took possession
of her, but having relatives in this place, and having
left Barbadoes, which was his last Port, with his
whole Family to settle here, he was still desirous to
come in, and having by his friends articled with
J. Moor, and at length brought the vessel in and
delivered her up, being first stript of all that was
valuable about her, and then condemned and
appraised to 100l. only, of which near 40l. went for
Court charges. The chest of goods was also condemned, but the Collector of N. Cast., S. Lowman,
refuses to deliver the Governor's thirds. We never
yet heard there was any communication between this
and Road Island about her, further than by the
Master's writing perhaps to his relations to tamper
with the Officers, which they did so effectually that
she was brought of, the Govmt. being no ways
concerned in it, [for,] for that to touch with the
Admiralty was then the highest trespass. If they
complain of any in the Govmt. here in that affair,
I will prove them to be in this, as in the rest, unworthy
base men. We never had any trials in our Civil Courts
of offences against the Acts of Trade, an information
only having been once filed in righteous busines;
we take all possible care giving offences, but men
that study to find them, if they cannot do that, will
make them of nothing. |
|
7th 7/m., 1703. This being the day for our Court of
Philad., the Justices mett, and the Council having
directed a dedimus to R. Asheton for qualifying the
Justices, according to the Qn.'s Ordre, he tendred
the oaths required, and with the rest the Abjuration,
Guest, Finney, Farmar and Bankson took them all,
and Friends all but the Abjuration, by affirmation;
but, proceeding to business, when oaths came to be
administered, all the Friends left the Bench and
quitted the Service, leaving it to the other four.
They complain much that so intolerable a hardship
should be put upon them now in this Countrey, by
which they think themselves thrust out of all business;
and doubtless it is a great severity, which could
scarce ever be intended, were it understood. |
|
Philad., 1st Xber, 1703. Govr. Hamilton, upon
proclaiming the war, exhorted the people, publickly
mett on that occasion, to list themselves under such
officers for their own security, as he would forthwith
give Commissions to; he soon after granted one to
Geo. Lowther to be Capt. of one Company in Philad.,
with other Commissions to his two subalterns, a
Lieutenant and Ensign. Upon this the drums beat
through the town for such to meet as were that way
inclined, the Capt. from promises made him expecting
a large appearance; but when come to the field, he
found himself much disappointed, those that listed
being of a much meaner sort than those he expected,
tho' from endeavours he understood were used, he
feared something of the kind. He treated them all
however very civilly and encouraged them to meet
again, marching them through the town. Upon
this disappointment he applied himself again to
make an interest (for he was very hearty in it), and
to have it mended the next time, but found the most
ignorant generally persuaded that if they listed they
must be forced to Canada, and the others generally
backward, giving this, when urged to it for their
reason, that for them to form themselves into a Militia
now would be the readiest method to secure the
Quakers' Govermt. (the want of one being the greatest
objection against it) while they (the Quakers) would
not lend a hand to it, but laughed at them for their
labour. J. Moor and Jasper Yeats took an opportunity one evening to send for the Capt. himself, and
used all possible arguments to dehort him from the
undertaking. He mustered however a 2nd time,
which was the last, finding the opposition too
great, persons being daily employed in privat to
divert the inclinations of such who had shown
a forwardnes that way. Of this there might considerable advantages have been made by the
Govmt. |
|
11th, 7/m., 1703. Because C. Q. [uary] before his
departure has made all possible preparation for
complaints (which he industriously with his accomplices lays plots for) against this Govmt., and because
his Vice-Regent in mischief, J. M. [oore], as well as
other officers, has this week strenuously endeavoured,
by his profession in the Law, to perplex our Court at
Philad., that disorders there (could he procure them)
might yield them a pretence, I send this Express to
inform Thee that notwithstanding all attempts and
designs laid to the contrary, the said Court, which is
the principal in the Govmt., being opened on the
7th inst., the day appointed by Law, has been held,
and proceeded very regularly these 3 days past, with
an exact observance of the Qn.'s Ordre, and so it is
likely to close, the Magistrates and Justices having
surmounted all difficulties, that our Adversaries heaped
in their way. Chester-Court, by means of J.M. and
Jasper Yeates' Artifices with the Person to whom
the Dedimus for qualifying the Justices was directed,
adjourned for a month, he refusing to obey it through
a Punctilio cast in his way. But that of Bucks
happening this time in the same week with Philad.,
which it rarely does, and the said busy Instrument,
J.M., by his more necessary attendance here being
obliged to be absent, they proceeded without any
Remora, pursuant to the sd. Ordre. In the Lower
Counties there is no obstruction, nor will there, I hope,
be any here. But those other 2 small Courts of
Chester and Bucks, whose Counties Thou knowest
are almost wholly people with Quakers will, when
business that requires oaths falls in their way, be
very much perplexed, there being scarce any fitt
to be impowered to administer them; in the latter
scarce one etc. Capt. Pullein's ship, the Fame, having
left her companion, Capt. Dampier, taking fire at
Bermuda, was blown up with her own powder.
Refers to her prize as above. |
|
29 7/m., 1703. Yesterday the Council sitting, Jno.
Bewly, Collector of this Port, S. Lowman, Coll.
of N.C., and Hen. Brook of Lewis, having received
new Commissions for their places under the Qn.,
desired to take the oaths enjoyned by Act of Parliament
before that Board, wh. now represents the Govr.
But the thing being new to most of them, the Acts
were enquired into, upon which it appeared the
oaths ought to be taken either before the Chancelour
or in Chancery; in the King's Bench or at the Quarter
Sessions; but neither of the first being properly here,
and the Council being incapable of administering
oaths in that manner (notwithstanding they find
expedients in other cases, when of absolute necessity),
they referr'd the sd. officers to the Quarter Sessions in
their respective Counties. With this Bewley and that
most ingenious young gentleman, Brook (younger son
of Sir Hen. Brook of Cheshire) were well satisfied,
but S. Lowman, who since his coming to N. has fallen
in with that Clubb, whose Plot is the subversion of
the Govmt., makes a noise at it, by instruction from
J. Moor, his Oracle, who tells him they have no
Quarter Sessions at all, and that the Council had now
shewn they knew they had no power themselves
(because some of them who could not swear took
instead of an oath the affirmation), an egregious
piece of Impudence, while he knows the Council has
duly since the Govr.'s death discharged all duties
incumbent on them. Endorsed, Recd. Jan. 11, Read
March 3, 170¾. 11¼ pp. |
|
1407. iv. One of the Council of Pennsylvania to Mr. Penn.
Lewis in Sussex, (al. Whorekills), 6, 7/m., 1703.
On my coming home I found a lease of ejectment left
at my house by the means of Col. Whitington of
Somerset County in Maryland to appear at the
Provincial Court at Annopeton to defend the title of
my land in Cederneck on the South side of Rehobor
Bay, and the last Court both John Hill and myself
had another served on us to appear then to defend
our titles to other lands we took up under Thyself on
that side of the Bay. We cannot expect but that the
Court there will overrule us. They alledge that the
bounds of Somerset County comes to the Indian River
and Rehobor Bay, and that the bounds of their Province
reaches to the 40th degree of the North latitude.
They make their boast that after they have recovered
the one, they will go on for the rest of the Counties,
for they have Maryland rights for great part of the
best tracts of land in the Three Lower Counties.
Should the Proprietary loose them, the Province
would not be of one fifth of the value to him it is now.
These things are much strengthened by the disaffected
party spreading abroad that the Lower Counties were
left out of Thy Commission to the Council in case of
the death or absence of the late Lt. Gov. Hamilton,
which was a very unfortunate omission, and they say
designedly done, for the Proprietor could not grant
that he never had. It is now come to that head that
not only in the County of Sussex the People do refuse
to pay their Quitrents, but also in the County of Kent,
for the Chief there lately as I came down from
Philada. told me that they repented that they had
paid any and given others encouragement to pay,
but would pay no more till they see a better authority
from the Crown of England for it. I doubt not but
the same resolution will be shortly, if not already
taken in the County of N. Castle. Endorsed, Recd.
Jan. 11, Read March 3, 170¾. Copy. 1¼ pp. |
|
1407. v. Anon. to the Lord Cornbury. Refers to the
"Address to Lord Cornbury presented by the Vestry
of Philada., in which they requested him to pray
H.M. to extend his government over us. … We
hope that he will not by any means countenance
any such request or endeavour." The rest verbose
compliment. Endorsed as preceding. 2½ pp. |
|
1407. vi. Copy of Reply to informations of undue practices
in Pennsylvania sent to Mr. Penn, April 16, 1702.
[See Cal., 1702. No. 342, and Penn's replies in same
vol. This document practically repeats them, after
remonstrating "ye unhappiness not only of those
of us who upon the encouragement of ye King's
Royal Charter … embarked in a hazardous
expedition with their estates and families to change a
wilderness into a well cultivated Colony … but
of all under the denomination of Quakers who have
since settled here in being thus injuriously attacked
by some few lately come amongst us, who had not ye
least share in ye toil, hardships and expence of making
this Colony … men who make it their business
by calumny and slander to represent us under vizards
to ye Ministers" etc. Endorsed as preceding. Partly
torn. 13 large pp. [C.O. 5, 1262. Nos. 59, 59.i.-vi.;
and (without enclosures) 5, 1290. pp. 447–451.] |
Dec. 22.
Whitehall. |
1408. William Popple to Josiah Burchet. The Council
of Trade and Plantations desire you to furnish them with a copy
of the Instructions which have been prepared by H.R.H. Council
(according to the Order in Council, Nov. 11) in order to their
transmitting the same to the Lieut. Governor and Council of
Jamaica etc. [C.O. 138, 11. pp. 95, 96.] |
Dec. 22.
Portsmouth. |
1409. Minutes of Council of New Hampshire. H.E.
[Dudley's] letter directed to Lt. Gov. Usher, Boston, Dec. 13,
setting forth whether it is best to labour this winter upon the
ice to beat up the Indian enemyes head quarters or not, and
to take the advice of H.M. Council here and to enter a Minute
of their humble advice about the same, was read. The Lt. Gov.
addressed the Board:— "It ever hath been judged the best season
in the winter to go to the enemy's headquarters; they cannot
be pursued so well in the spring etc. If the enemy be not visited
now [I] judge they will soon visit these parts, and if not an army
out, they may soon be in our bowels." |
|
It is the humble opinion of the Council that, for H.M.
immediate service and the security of H.M. subjects, that
the forces abroad be continued, and that there be an addition
ordered; the Board desires Governor Dudley to order said forces
with all expedition possible to march to the Indian Enemyes
headquarters, being the only thing that in all probability under
God may secure our frontiers and preserve the subjects; and
[that] this Board at all times shall be ready and willing to give
their assistance. [C.O. 5, 789. pp. 160, 161.] |
Dec. 23.
Whitehall. |
1410. Council of Trade and Plantations to the Earl of
Nottingham. Whereas H.M. has been pleased by Order in
Council, Nov. 11, to direct us to prepare an Instruction to the
Governor in Chief who shal be appointed for the Island of Jamaica,
we are humbly of opinion that such Instructions be prepared
for the present Lieutenant Governor, those matters pressing
very much, and requiring, as we conceive, immediate dispatch,
which we desire your Lordship to lay before H.M. accordingly.
We likewise send your Lordship the draught of a letter which
we were ordered to prepare for H.M. Royal Signature. Signed,
Weymouth, Rob. Cecill, John Pollexfen, Mat. Prior. 1 p.
[C.O. 137, 45. No. 58; and 138, 11. pp. 96, 97.] |
| Dec. 23. |
1411. The Queen to the Governor of Jamaica. Draught of
letter referred to in preceding. Trusty and well-beloved, We greet
you well. Being informed that the Assembly of our Island of
Jamaica have fallen into great difference with our LieutenantGovernor and Council, and into heats and disorders among
themselves, so that seven of their number being at once expelled
the House, there did not remain a Quorum sufficient for the
dispatch of the publick busyness then under their consideration;
from which disorders it has happened that no due care has been
taken for renewing the body of their Laws, and particularly
the Act of the Revenue, which is near expiring, We do therefore
hereby direct and require you to signify to the Assembly that we
do highly dislike such their disorderly proceedings as inconsistent
with their duty to us and with the common safety and welfare of
the Island, and that we injoyn them to lay aside their private
heats and animosities, and attend with diligence and moderation
to the dispatch of the busyness before them and the promotion
of the publick good. Countersigned, Nottingham. [C.O. 138, 11.
pp. 98, 99.] |
Dec. 23.
St. James's. |
1412. Order of Queen in Council. Referring enclosed to the
Council of Trade and Plantations for their Report. Signed,
John Povey. Endorsed, Recd. Dec. 29, 1703, Read Jan. 3 (1704).
¾ p. Enclosed, |
|
1412. i. Commissioners of Customs to the Lord High Treasurer,
London, Dec. 7, 1703. Henry Carpenter, then imployed
under Mr. Mead, one of the Sub-Commissioners of Nevis,
having reported that the Genl. [? Codrington] had
forbid the collection of the 4½ p.c. duty on exports from
that part of St. Kitts lately taken from the French,
having no Representatives to give away the same as
the other part had, and withal declared no such imposition should be levied there, and that there should be
no civil power in that part during the war, pray for
directions therein. Signed, T. Newport, Sam. Clarke,
A. Maynwaring, Will. Culliford. Signed, John Povey.
¾ p. [C.O. 152, 5. Nos. 41, 41.i.; and 153, 8.
pp. 228–230.] |
Dec. 23.
Boston. |
1413. Minutes of Council of the Massachusetts Bay. Order
for manning the Anne and Mary, two sloops lately taken up for
the war. |
|
100l. paid to Col. Romer on account of wages for the fortification
of Castle Island. |
|
170l. 15s. paid to Lt. Col. Tyng for soldiers raysed within
the County of Middlesex for ranging the woods and posted in
garrison in the several frontiers May 25—Dec. 18. |
|
There being but a thin appearance of the Council, consideration
of the winter's march deferred till to-morrow. |
| Dec. 24. |
107l. 17s. 1d. paid to Capt. Wm. Tyng for wages of a foot
company, Sept. 10—Oct. 30. |
|
52l. 18s. 8d. paid for the garrison souldiers under Capt. Wm.
Tyng at the Fort at Dunstable, May 26—Sept. 13. |
|
6l. 16s. paid to Capt. Nathaniel Thomas for his charges at
Plymouth in the care of soldiers raised etc. |
|
5l. 4s. paid to Major Wm. Taylor for himself and six troopers
to visit the frontiers. |
|
H.E. communicated letters from the Colonels of Militia in
several parts, referring to a winter's march to the Indian headquarters; as also a Minute of the Lt. Gov. and Council of New
Hampshire advising thereto; and ordered a vote of the
Representatives relating to that matter to be read. The Assembly
having pass'd such a vote, the Council did not advise H.E. to
march with the detach'd forces and such volunteers as should
offer. But on consideration of the late intelligence of the further
mischief done by the Indians, in the Eastern parts, prayed H.E.
to keep so many of the forces on foot as shall be necessary for
the defence of the frontiers. |
|
27l. 4s. 6d. paid to Daniel Willard, Keeper of H.M. Prison in
Boston, for keeping several French and Indian prisoners. |
|
96l. 14s. 4d. paid to Major Stephen Sewall, Commander of
the Fort at Salem, for the wages of the garrison. |
|
40l. 15s. 3½d. paid to Capt. Josiah Chapin for wages of 13
soldiers posted at Oxford and Hassanamisco in ye summer
past. |
|
37l. 9s. 8d. paid to Col. Thomas Packer of Piscataqua for
entertainment of H.E., the Genl. and Guard in Sept. [C.O. 5,
789. pp. 553–556.] |
Dec. 24.
New Hampshire. |
1414. Saml. Allen to the Council of Trade and Plantations.
Returns thanks for their Lordships' Representation on his case,
and as to his occupation of the waste lands etc. The Government
to prevent my proceeding against them for usurping on my right
by unlegall ways, have made two Laws which your Lordships
have here inclosed, which I humbly pray may be repealed.
[These were, An Act against trespassing on Town Commons, and
An Act for the Confirmation of Town Grants.—Ed.] Signed, Samuell
Allen. P.S.—I enclose my public notification to the inhabitants.
Endorsed, Recd. 12, Read 31 May, 1704. Holograph. Addressed.
Sealed. ¾ p. [C.O. 5, 863. No. 67; and 5, 911. pp. 336, 337.] |
| Dec. 24. |
1415. Attorney General to the Council of Trade and
Plantations. I have considered the abstract of an Act of Rhode
Island (see Dec. 2) and the Charter of Charles II, and there
find that the Proprietors have by that Charter power to erect
only Courts for determining all actions, causes, matters and
things happening within that Island, which doth not impower
them to erect a Court of Admiralty, the jurisdiction of such Court
being of matter arising on the High Sea, which is out of the
Island; however, I cannot advise a prosecution against the
Corporation to make void their Charter for making the Act for a
Court of Admiralty, the same Act being only provisionall until
his late Majesty's pleasure should be further known, but I think
it will be proper for H.M. to declare her pleasure to determine
that Act, by which I am of opinion it will be determine,
being made to continue only till the pleasure of the Crown should
be farther knowne, and it may be proper to acquaint the Corporation
that if they make any of the like attempts for the future they
shall be prosecuted for making void their Charter. Signed,
Edw. Northey. Endorsed, Recd. Dec. 29, 1703. Read Jan. 4,
1704. Enclosed, |
|
1415. i. Copy of Abstract of Act of Rhode Island, Jan. 7, 1694,
appointing the General Council an Admiralty Court for
the condemning of prizes and other sea-faring actions
as occasion shall require. Signed, Weston Clark,
Secretary. 2 pp. [C.O. 5, 1313. Nos. 60, 60.i.; and
5, 1360. pp. 403, 404.] |
| Dec. 25. |
1416. Petty expenses of the Council of Trade and Plantations.
Michaelmas—Christmas, 1703. 27l. 18s. 2d. 1 p. Endorsed,
Recd. Read Jan. 10, 170¾. [C.O. 388, 75. No. 80.] |
| Dec. 25. |
1417. Mr. Purcell's Account for Stationary supplied to the
Council of Trade and Plantations, Michaelmas—Christmas, 1703.
17l. 15s. 8d. Endorsed as above. 2 pp. [C.O. 388, 75. No. 81.] |
| Dec. 25. |
1418. Postman's Account for postage for the same.
94l. 1s. 10d. (including New Year's Gift, 3l. 4s. 6d.). Endorsed as
preceding. 1 p. [C.O. 388, 75. No. 82.] |
| Dec. 25. |
1419. Additional Account for 4 tons of Scotch coal, 8l.
Endorsed as preceding. ½ p. [C.O. 388, 75. No. 83.] |
