America and West Indies: September 1707

Pages 544-555

Calendar of State Papers Colonial, America and West Indies: Volume 23, 1706-1708. Originally published by His Majesty's Stationery Office, London, 1916.

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September 1707

Sept. 1.
St. Johns.
1110. Capt. Underdown to the Council of Trade and Plantations. Refers to preceding. I take leave to lay before your Lordships the services done by Major Loyd, etc. who thorough the whole action behaved himself with all diligence, courage and good conduct, etc. It is with great satisfaction I have likewise observed the friendship and decorum between him, his officers and the inhabitants, the most effectuall means in my judgment to secure this country in the winter from the enemy, etc. Signed, Jon. Underdown. Endorsed as preceding. 1 p. [C.O. 194, 4. No. 30; and 195, 4. p. 389.]
Sept. 2.
1111. W. Popple, jr., to W. Sloper. Encloses Mr. Budge's petition. If you have anything to offer in behalf of the Lord Cornbury to his complaint, you are to do so in writing on Friday. [C.O. 5, 1121. p. 98.]
Sept. 2.
1112. Council of Trade and Plantations to Governor Hunter. Since our letter to you of June 12, a duplicate whereof is here inclosed, we have received letters from Coll. Jennings of Feb. 20 and June 26. We have laid the congratulatory Address of the Council before H.M. We have discoursed the merchants upon the want of English manufactures for the Planters, and we hope that they will be well supplyed by the Fleet now bound to your parts. However we think you ought as much as in you lies to discourage the inhabitants from going upon the manufactures of linnen and woollen. We have laid before H.R.H. what Col. Jenings writes in relation to the want of guardships, and we hope that care will be taken therein. [C.O. 5, 1362. p. 260.]
Sept. 2.
1113. Council of Trade and Plantations to Governor Seymour. Acknowledge letters of March 6 and June 10. We observe the reasons you give for your consenting to the selling of two criminals, Benjamin Celie and Humphry Hernaman, yet we cannot but be of opinion that you ought not to have sold them, which is not warranted by your Instructions; for they ought to have been punish'd for their crimes according to Law, and we know not of any Law that directs or authorizes the sale of any H.M. Christian subjects in the Plantations, tho' criminals. We are in expectation of the Journals of Assembly, Minutes of Council, and Laws you promise us by the fleet; but we can do nothing in relation to the Law for Towns, the Law for suspending the prosecution of Romish Priests, and the Law relating to the Lord Baltimore's Agents, till those Laws arrive. We shall consider the Act pass'd in 1694, for the encouragement of learning, now lying before the Attorney-General, and shall lay the same before H.M. for Her pleasure thereupon. You will do well to regulate the Courts of Justice according to the directions formerly sent you, and we shall expect an account of your proceedings therein, and of the effect such regulation will have. We cannot conceive what reasons the Assembly had for rejecting Mr. Dummer's proposals, and the proposal for punishing the dispersers of false news, but when the Minutes of Council and Assembly arrive, we hope that matter will be then explain'd to us, in order to our considering the same. We shall lay before H.M. the want of Counsellors, as also the Law about ordinary licences at the first opportunity. And in the meantime we cannot but take notice of the great hardship the Assembly have put upon H.M. Patent-Officer, the Secretary, and therein of their disrespect to H.M., in taking from him the ordinary licences, which have been for so long time annex'd to the Secretary's Office, and having consulted Mr. Attorney General, he has given us his opinion that Sir T. Laurence, as Secretary of Maryland, ought to have the benefit of the ordinary licences, the same having been usually enjoy'd as perquisites of that office. As to your desire of having a species of small copper money, we must refer you to the letter writ you March 26, by the late Commissioners of the Board, upon that subject, and shall expect your answer thereunto. We have laid before my Lord Treasurer what you write in relation to Mr. Plater and Mr. Muschamp, for his Lordship's directions thereupon. We hope to hear that the persons you have sent to demand at North-Carolina are deliver'd up to Justice; and if there is any such Law made there for the protection of debtors, as you mention, which will be of very pernicious consequence, and tend to dispeopling the more useful Colonies, we expect that you forthwith send us a full and exact account thereof, that we may lay the same before H.M. We have acquainted the merchants with your complaint about the want of English manufactures for the Planters, and we hope that they will be well supply'd by the fleet now bound to your parts; however, we think you ought, as much as in you lyes, to discourage the inhabitants from going upon the manufactures of linnen and woolen. We have laid before H.R.H. the Lord High Admiral, what you write in relation to the want of guard-ships, and we hope that care will be taken therein. P.S.—Since the writing of this we have discours'd with Mr. Dummer, and we find that there has not yet been any proposal in form from him for a correspondence by letters to and from the Continent, but he has some thoughts of making such a proposal, and will then lay it before us for our consideration. [C.O. 5, 726. pp. 469–473.]
Sept. 9.
1114. Capt. Jennyns to Robt. Holden. I spoke with the captain of a vessel that came from Providence about 5 months ago. See Sept. 12. Signed, Richd. Jennyns. Endorsed, Recd. Sept. 23, Read Oct. 13, 1707. Copy. ½ p. [C.O. 5, 1264. No. 12.]
Sept. 10.
1115. Governor Seymour to the Council of Trade and Plantations. Having long impatiently expected the two men of warr our London Merchants advised were ready at Portsmouth in Aprill last to fetch home their ships here; and their being now noe certainty when they may arrive, am obliged, least your Lordships should impute it as a neglect of my duty, to transmitt the Laws and Journalls of the last Assembly to Coll. Blakiston by this uncertaine conveyance, in order to present them to your honble. Board, but my present indisposition utterly disables me from making remarkes on each Law, and therefore hope your Lordships' goodness will put a favourable construction on that omission, and if any sort of party grumble at any particular law, your Lordshipps will gratiously suspend your judgments till my reasons are heard and discussed, what occasions brought about such or such a Law, etc. Signed, Jo. Seymour. Endorsed, Recd. 20th, Read 29th Dec., 1707. 1¾ pp. Enclosed,
1115. i. Address of the Governor, Council and Assembly of Maryland to the Queen. The Lord Baltemore and Mr. William Penn obtained two large grants of Maryland and Pensylvania, the latter a younger grant by many years, and the bounds of the said Provinces are contiguous, and severall of your Majesty's subjects of Pennsylvania have obtained grants from Mr. Penn or his Ministers, and have made settlements thereby within the Northern and Eastern bounds of Maryland, and upon such lands as has been heretofore granted by his Lordship to several persons within this Province, but now claimed by and asserted to be within the bounds of Mr. Penn's grant by the Ministers of that Government, which has already caused great disputes, suits at law and uneasiness among your Majesty's subjects; to the great loss and impoverishment of your Majesty's people in each Province. Pray H.M. to direct Lord Baltimore and Mr. Penn to settle their respective bounds etc. Signed, Jo. Seymour, Tho. Smith, Speaker, on behalf of the Delegates; Tho. Tench, Jno. Hammond, Fra. Jenkins, Edwd. Lloyd, Wm. Holland, James Sanders, Th. Manly, Will. Coursey. Endorsed as preceding. 2¾ pp.
1115. ii. Copy of Journal of Committee of Accounts of Maryland, March, April, 1707. Same endorsement. 24 pp. [C.O. 5, 716. Nos. 35, 35.i., ii.; and (without enclosures) 5, 727. pp. 1–3.]
Sept. 12.
1116. Capt. Jennyns to Robt. Holden. The captain, referred to Sept. 9, told me there was about 400 men in the Bahamas, and that their cheifest place of settlement was Elutheria, but much divided among themselves for want of a Governour; and they had but seldome disputes, by reason they were so scatter'd, one on some Island, and some on othersome; but they had a minde to goe to Providence againe; but was unwilling to goe before they had a Governour come there. Tradeing is most by inrakeing salt and looking for wrecks, etc. Signed and endorsed as Sept. 9. Copy. ½ p. [C.O. 5, 1264. No. 11.]
Sept. 17. 1117. Attorney General to the Council of Trade and Plantations. Report upon the Book of Laws of Maryland, passed 1704, 1705. The Act to inable the Executors of Nicholas Milborne, late of Talbot County, to sell his lands for payment of his debts, is liable to several objections. It subjects the real estate to the payment of debts on simple contract, which do not by Law charge or affect the real estate. By it, the personal estate, which ought in the first place to be applied to satisfie the debts, remaines wholly exempted, to the manifest prejudice of the heir, if there be one. The Act recites there is no heyr at law appearing. It's probable the heyr may be either an infant, or in England, etc., but if there be realy no heyr, the lands escheat. The Act further provides that all persons purchaseing under the Executors shall hold for an absolute and indefeazible estate, and there is not any saveing, either of H.M. right, or the Lord Proprietor, the heyrs at Law, or any creditor. For which reasons I conceive this Act not fitt to be approved.
The Act of recognition, altho it be an instance of the fidelity of the inhabitants, yet in regard the Province is entirely dependant on the Crowne of England, and no such Law has been thought proper to pass in England since H.M. accession, I conceive improper to be passed by the Assembly. By the Act for rectifying the ill practices of Attorneys and ascertaining the Attorney General's and Clerk of the indictment's fees, 'tis enacted that no Process for any criminal matter or misdemeanour shall issue out of any of the Courts of the Province against any person without a presentment first found by the Grand Jury; and a penalty of 5,000lb. of tobacco is laid on the Attorney General, if he offends against the Act. This Law is a restraint upon H.M. prerogative, Her Attorney General being thereby restrain'd from fileing any information, in any such case, as he shall think proper, and as is agreeable to the Laws of England; therefore I conceive that Law ought to be rejected. The Act against ingrossers and regrators, as to the several penalties therein contain'd for the first, second and third offence, is prepar'd in imitation of an Act made in the 5th and 6th Edw. VI, Cap. 14, against regrators etc., but the offences of ingrossing and regrating, as described in this Act, are very different from those mention'd in the Statute of Edw. VI, and this Act of Assembly is defective in not inserting in the Act any of the exceptions contain'd in the Statute of Edw. VI, which make that Law reasonable; by reason of which omission, many persons will be expos'd to imprisonment and other great penalties, and corporal punishments, against whom this Law cannot be reasonably suppos'd to have been fram'd, and who are particularly excepted out of the Statute of Edw. VI. The Act is likewise, in the most material parts of it, where the offence is described, so ill penn'd, that the construction thereof must be very uncertain, for which reasons, I conceive this Act proper to be rejected. The Act for stay of executions after May 10 yearly extends to all inhabitants within the Province, and provides that no execution shall issue against the body or goods, after May 10 till Nov. 10, for any debt, or on any action or judgment, provided such person against whom such judgment is obtain'd, together with two other persons, such as the Justices shall approve of, confess judgment for the debt and costs of suit, with stay of execution till Nov. 10 following, and procure a certificate thereof, as the Act mentions. This Act seems, from the preamble, to be fram'd in regard to the poorer sort, and in respect of executions for tobacco, but the enacting part extends to all persons, rich or poor, and is a perpetual Law, by which there is to be for ever, in all cases, for half the year, an obstruction or cessation of Justice; wherefore I conceive this Law fit to be rejected. The Act for quieting of possessions, enrolling conveyances, and securing the estates of purchasors, enacts, that all sales, guifts and grants made before April 13, 1674, of any lands or tenements, in writing, with or without seal, shall for ever hereafter be accounted good and valuable in Law, to barr the heyrs of such vendors, or donors, or grantors, any error, in the fform only of such writing, to the contrary notwithstanding. 'Tis very uncertain what will be accounted an error in form in a conveyance; had this Act extended this remedy to such cases only where the purchasor had had possession ever since the purchase, it would have been less liable to exception, but as this part of the Act is penned, it may turn the heyr, who has right, out of possession instead of quieting the possession of the purchasor. This Act also recites that divers assignments of Patents endorsed thereon are worn out, and other sales in paper are worn out or lost, for which the purchase money has been bona fide paid, and thereupon enacts, that all sales, gifts or grants made before April 13, 1674, by persons that right had, if either the sales, gifts or grants or payments can be proved by witnesses, such sale, gift or grant shall for ever hereafter be accounted good and available to bar the heyrs of such vendors, donors or grantors, or any person claiming dower from such donor, vendor or grantor. The admitting such proof by witnesses, after so great a length of time, without any writing, will render all inheritances very precarious, especially as this Act is penned, there being no time limitted within which such proof is to be made. The debarring any person to claim dower, is manifestly unjust, for whatever right the vendor had, his sale could not barr the dower of his wife, and the length of possession in this case is immaterial. I conceive, for these reasons, this Act fit to be rejected. The Act for limitation of certain actions for avoiding suits at Law enacts that no bill, bond, judgmt., recognizance, statute or other specialty, shall be good and pleadable, or admitted in evidence, against any person of this Province, after the principal debtor and creditor have been both dead 12 years, or the debt or thing in action above 12 years' standing. This Clause is very unreasonable, there being no exception or provision made thereby to secure the right of infants, ffeme coverts, ideots, or persons beyond the seas, or their liberty of sueing for their just debts, after those impediments are removed. This Clause likewise destroys the security of 12 years' standing, tho interest has been punctualy paid those 12 years for the whole debt. It likewise destroys all securities of 12 years' standing, which may be made for performance of covenants of a much longer duration. In case a debtor be insolvent, or in such low circumstances that the creditor, in compassion to him, does not take out execution upon his judgmt. or sue on any other security within 12 years, the security is taken away by this clause, tho the debtor afterwards grows responsible. I conceive this Act, for the sake of this Clause, fit to be rejected. By the Act providing what shall be evidence to prove foreign and other debts, etc. the depositions of witnesses taken without any Commission issuing out of any Court before a Public Notary in any fforreign parts whatsoever, and without any notice given to the debtor, so that he or any person on his behalf might be present at such examination, and cross-examine the witnesses, or the creditor, if he thinks fitt, are made evidence to prove any debt on bill, bond, account or otherwise, against any inhabitant within the Province, the creditor only makeing oath at the same time, before such Notary, of the truth of his debt; such oath being transmitted together with such proof by the said Notary into this Province. It likewise enacts that an account of goods sold, work done, money lent or such other articles as lye in account, and sworne to by the plaintiff in any action brought, or by the defendant in his defence in discount of all or part of the plaintiff's claime before any one Justice of the Provincial Court or two Justices of the County Court shall be reced. as evidence to prove the fact in any Court of the Province, provided any plaintiff or defendant against whom such oath is given in evidence, be at liberty by any other evidence besides his owne, to falsify such proof. This Act seems unreasonable, it making that evidence in several cases which in its own nature is not, nor in justice ought not to be so. The depositions of witnesses are not, nor ought not to be evidence, unless where the adverse party has an opportunity of crossexamining them, much less where the adverse party has not so much as notice of the examination, nor doth it seem reasonable that any examination of witnesses should be admitted out of Court, without a Commission. 'Tis likewise against common justice that the oath of the plaintiff should be admitted as a charge, or the oath of the defendant as a discharge, but could it be thought reasonable that any proof of that nature ought to be admitted, an equal regard ought to be had to the oath of each party; but as the proviso is there drawne, he that swears first excludes the other from swearing, and his oath is to stand as evidence till falsified by some other evidence besides the adverse party, I conceive this Act not fit to be approved. The Act for ascertaining the bounds of a certain tract of land to the use of the Nanticoke Indians, etc. provides that the Indians, the ancient inhabitants of this Province, should have a convenient dwelling place in this their native country, free from the encroachments of the English, especially the Nanticoke Indians, who have always liv'd in obedience within the Province, and it ascertains and bounds a tract of land for their dwelling for ever—to which I have no objection—but it enacts, that such tract of land shall be held of the Lord Proprietor and his heyr for ever. Whereas since the resuming of that Government by his late Majesty, I conceive that the tenure ought to be of H.M., Her heyrs and successors only. It likewise reserves a power for the Lord Baltemore, the late Lord Proprietor, to have and demand any rent or service for any parts of the said tract as may have been taken up within the said Indians' boundaries, under the limitations mentioned in the Act, which I apprehend to be inconsistent with H.M. right, since the resuming that Province. But I am not appriz'd in what manner the Government was resum'd by ye late King, whether upon any legal proceedings or not, and therefore can give no certain opinion as to this Law. By the Act for publication of marriages the Civil Magistrate is enabled to marry, as well as any person in Orders, which I humbly conceive nothing but the utmost necessity, and want of persons in Orders to perform that duty, can justifie; whether there be such a necessity or want of persons in Orders, your Lordships are the best judges. By the Act for Appeals, and regulating Writs of Error, all judgments by the Governor or Council upon any review or examination of any decree, are declar'd to be final, and the benefit of appealing to H.M. is taken away unless the original debt or damages exceed 300l. sterling. I think 'twould be highly reasonable to prevent appealing to H.M. in matters of small value, without first giving security to answer the debt or demand decreed, together with all costs occasion'd by the appeal, according to the event of the appeal, but it may occasion great oppression if H.M. subjects are in all cases under 300l. value disabled from appealing to H.M. For which reason this Law seems to me not proper for H.M. approbation. By the Act confirming the last wills of Charles Ascomb, late of St. Mary's County, gent., and of John Whinfell, of Calvert County, Planter, and of John Burnham, late of Talbot County, the wills of Ascomb, in favour of his children, and of John Whinfell, in favour of his sons, are enacted to be good, as to the lands thereby devised, tho' publish'd in the presence of two witnesses only, whereas three, as is alledg'd in the Act, are requisite. I take this allegation to be a mistake of the Law, from an opinion that the Statute against frauds and perjuries, made in England 29th Car. II, is there in force, and therefore the Act as to this part of it, is unnecessasary, and may be prejudicial in other cases. If the Law were there, as recited, then I should think this Law unreasonable. The last will of John Burnham is also hereby enacted to be good as to land, tho' made under age, which is contrary to the Law of England, and there is not any reason whatsoever alledg'd for confirming the wills, or any of them. By the Act for the better administration of justice in probate of wills, etc., the Judge or Commissary General for Probate of Wills, and granting administrations, is required to proceed in his Court according to the Law of England, except in such cases as by this Act is otherwise directed, which are very many and are wholly inconsistent with and repugnant to the Law of England. Tho' in some cases it might be reasonable for them, according to the nature of their country, to frame Laws in some respects different from the Laws of England, yet as to the granting administration, the power and duty of an Administrator, and his method of administring, and the manner of distribution of intestate estates, the same ought not to be made different from the Law of England, forasmuch as persons dying intestate frequently leave personal estates both in England and this Province, and letters of administration may be granted out of the Prerogative Court, which will affect the whole personal estate. The Judge or Commissary General for Probate of Wills is required, ex officio, to call Administrators to account within 12 months after the administration granted, and if the Administrator do not give a satisfactory account, the Judge is impowered to revoke the first letters of administration de bonis non to some other person, and so toties quoties. This is contrary to the practice and Law in England, and would not only cause a great charge and uneasiness to all administrators, but also to the creditors of the intestate. This Bill establishes a method of distribution, as it ought to do, according to the Statute made in England in the 22nd and 23rd of Car. II for distributing intestates' estates. But the provisions made by the 29th Car. II at the end of the Act of Frauds and Perjuries, and by the Statute of James II for reviving and continuing several Acts of Parliament therein mentioned, touching intestates' estates, are omitted. 'Tis expressly provided by this Act, that no orphan shall be placed under or bred up by any person of a different religion from his Father. By this provision, if the Father was Papist, the infant cannot have a Protestant guardian. Amongst many other rules establish'd by this Act, 'tis provided that the money, plate, rings and jewels of the intestate shall not be used or disposed of by the Guardian, but deliver'd by him in specie to the orphan, when he comes of age. This prevents the improving the personal estate for the benefit of the orphan, it may be necessary and advisable in many cases to convert the personal estate, consisting in plate, rings and jewels, into money, and place the same at interest, or otherwise improve the same. By the 6th rule in this Act, female orphans are declared to be of full age when they are 16, to receive their estates. This is not agreable to the Law of England, and I think an infant at 16 too young to be entrusted with the management of her estate. By rule 10, an inquiry is to be annually made by a Jury before the County Court whether all orphans are kept and educated according to their estates, and if the Jury find they are not, the guardian is to be discharg'd, and a new one appointed. This will be a perpetual trouble, and a great charge to guardians, which by consequence will fall on the infant and lessen his estate. The Commissary General is, by rule 12 of this Law, to allow the Executor or Administrator a salary for his trouble of 10 per cent. for all money or tobacco paid or receiv'd. By the Law in England, an Executor or Administrator upon his account can have no salary or allowance for his trouble. If any salary or allowance of that nature could be made, yet 10 per cent. is very extravagant. By rule 12, 'tis also provided, that if a residuary legatee live in England and the Executor and Administrator convert the residuum into money, and return it into England, he shall be allow'd, for his pains and trouble, 10 per cent. as if he was a ffactor. This seems to be an extravagant allowance, and an unreasonable power to be lodg'd in the Executor or Administrator without any directions or consent of the residuary legatee. This Act further provides that where any considerable part of the real estate is devised to the wife, and no express mention made that 'tis intended as a legacy, the wife shall make her election, whether she will wave the devise of the land and take her dower, or wave her dower and accept the land devised in lieu thereof, but shall not have both. This is directly contrary to the Common Law of England. In satisfaction of the debts of any testator or intestate, preference is given to debts contracted within the Province. This may be prejudicial to merchants and others of H.M. subjects not residing within that Province, and there does not seem to be any sufficient reason for making this distinction. For the several defects that are in this Law, tho some good provisions are therein contain'd, I conceive this Law not fit to pass. I think the most useful Law which could be made in this Province, concerning Executors or Administrators, would be to enact, that all Acts of Parliament which are or may be in force in England, touching Executors or Administrators, shall also take place and be in force within this Province. By the Act impowering Major Nicolas Low, Executor of William Edmondson, late of Dorchester County, to sell a certain tract of land etc., 'tis recited, that Edmondson in his life-time had purchas'd a certain tract of land from John Nicolas, and died before payment of his purchase money, and, at the request of Nicolas, the land is enacted to be sold, and the purchaser is enacted to hold and enjoy the same for an absolute and indefeazible estate in fee simple, and there is no saving in the Act of H.M. right or of the right of any other person. This omission I observe in most private Acts of Assembly, which pass in the Plantations. Whether, for this defect only, your Lordships will think proper that this Act, which in its own nature appears to be very just and reasonable, should be rejected, is submitted to your Lordships' consideration; but it seems very necessary, in my opinion, that your Lordships should send some intimation of this defect to the Plantations, that a saving clause may be inserted in all Acts of this nature, or private Acts, of H.M. right and of the right of all other persons, except of such persons as are intended to be bound by any such Act. As to all the other Acts, enumerated, I have not any objection in point of Law against H.M. approving the same. Signed, Sim. Harcourt. Endorsed, Recd. Sept. 19, Read Nov. 12, 1707. 21 pp. [C.O. 5, 716. No. 33; and 5, 726. pp. 492–517.]
Sept. 20.
1118. H.M. Warrant for the admission of Peter Sonmans to the Council of New Jersey. Countersigned, Sunderland. [C.O. 5, 210. p. 65.]
[Sept. 22.]
1119. Thomas Gower to Mr. Graves. I have noe letter from London sence yours, April 20, 1706, with the Lords' [Proprietors of Carolina] Address to the Queen. I showed the Address to severall, gave coppy to Mr. Croskeys, who went to Bermuda and is fouer dayes agoe with Samuel Frith in his briggantine arrived from the Bahamas with salt; the greatest vessell that was here to take us, went and took and robbed Providence, wanting provisions very much, being disappointed here. And latly there has binn a Spanish lanch with 36 men at Providence (robbed them), but 16 men beat them off, but wanted a boat to take them: the french shipp that was here tooke about 8 of the Fort gunns, there is severall passengers gone to Elutheria from Bermudus, longin to here from you is all from, Signed, Tho. Gower. Came to my hands Sept. 22, from Charles Towne, South Carolina, May 10. Endorsed, Recd. Read Oct. 22, 1707. Copy. ¾ p. [C.O. 5, 1264. No. 15.]
Sept. 23.
1120. The Earl of Sunderland to Governor Hunter. Recommends to his favour Mr. Francis Weeks, who lives on Rappahanock River, etc. Signed, Sunderland. [C.O. 5, 210. p. 62.]
Sept. 24.
1121. Order of Queen in Council. Repealing Acts of New England for punishing Vetch etc., and directing that the offenders give security to stand a new trial etc. See April 22 and Acts of Privy Council, II. p. 516. Signed, Edward Southwell. Endorsed, Recd. 3rd, Read 13th Oct., 1707. 2¾ pp. [C.O. 5, 864. No. 194; and 5, 912. pp. 390–393.]
Sept. 24.
1122. Order of Queen in Council. Directing Governor Dudley to cause Vetch etc. to be tried anew in the ordinary course of law. Signed and endorsed as preceding. 3¼ pp. [C.O. 5, 864. No. 195; and 5, 912. pp. 394–396.]
Sept. 24.
1123. H.M. Warrant for removing John Holder from the Council and all public employments in Barbados. Countersigned, Sunderland. ¾ p. [C.O. 28, 38. No. 65; and 28, 10. No. 47; and 319, 1. p. 71; and 5, 210. p. 66.]
Sept. 27.
1124. Wm. Lowndes to Mr. Popple. My Lord Treasurer desires the Council of Trade and Plantations to hear Mr. Sleford (see June 9), having no objection to his being appointed to that office, in case the Lords Commissrs. shall thinke it for the publick service. Signed, Wm. Lowndes. Endorsed, Recd. Sept. 29, 1707. 1 p. [C.O. 388, 76. No. 27; and 389, 36. p. 337.]
Sept.-Dec. 6. 1125. Permits for 24 ships not to be embargoed in the West Indies. [C.O. 5, 210. pp. 62, 63, 64, 67, 69, 73.]
Sept. 29.
Philaia., Pensylvania.
1126. Lt. Governor Evans to the Council of Trade and Plantations. Encloses Minutes of Council relating to this year's Assembly, "the difference betweene whom and myself is to be an occasion of complaint agt. me, etc. I shall not pretend to point to your Lordships the particular instances wherein these have by a vote of their house endeavour'd to arrogate to themselves the most exorbitant authorities, which no Assembly in America have, nor I hope ever will, especially in that of impeachmts., wch. makes a president as far as it can to lay the lives and ffortunes of H.M. subjects at the mercy of a Govr. and Assembly whenever they can agree to take their aim at ye same mark, for here are but two estates (the Council having no vote, only advice). But shall leave the Minitts themselves to your Lordps.' wisdome and jugemt., to make my defence, against their attacques; assuring your Lordps. nothing but my earnest zeal to preserve your Lordps. good opinion of me in the just discharge of my duty etc., has engaged me to give your Lordps. this trouble, and not the least apprehension of the ill grounded fury of a people drunk with wide notions of privileges, to whom the severest checks and reproofs from the authority att home are due, and necessary for their well being. From the Minnits it may be suppos'd I am to be complain'd off upon accot. of an alarme and the beating a constable with an etc. (for they absolutely refus'd to lay before me what they had to complaine off), which method of complaint I hope your Lordps.' Justice will never give way to. As for the alarme, I shall submitt to your Lordps.' judgement, whether necessary and of service, or not. I having the honour to command so considerable a number of H.M. subjects in a Province where wee have no Laws for putting the people in a posture of defence, at a time when all our neighbouring Govmts. were providing for theirs, upon the continual apprehension wee were in of Mons. Duberville's squadron, wch. threatned all along the main, I thought notwithstanding the want of such Laws, I could never answer sitting still as unconcern'd at such a juncture. Well knowing that if H.M. Province should fall into the hands of an Enemy without resistance, or at least my having done wtever was possible for me to prevent so unhappy a blow (wch. God avert) it must fall too hard upon the Commander in Cheife to answer the losse of it, Beside ye eternal scandal and reflection would unavoidably fall on him, tho' at the same time I knew not how to depend upon the least assistance, wch. mad me extreamly uneasy, and oblig'd me to take that resolution of giving the alarm in the Citty of Philadelphia, that I might know in case of real necessity what to expect from ye people (a thing frequently done in the West Indies), at wch. time appear'd in arms abt. 300 men besides officers, a poor number indeed in a place where are near as many thousand men. And this my Lords, wch. I design'd solely for ye security and defence of H.M. subjects, is by these obstinate unexperienc'd people made a matter of complaint, and indeed all my attempts for regulating the Militia (wch. have been infinitely troublesome and not a little chargeable to me since I arriv'd in this Province), have been clandestinely opposed and discouraged by such sort of men as these complainants, etc. As for the other [head], I am ashamed to trouble your Lorps. on so frivolous an occasion. I am not used to stricke, and I beleive 'tis the only instance of ye kind can be given since I came here, and done abt. 2 years since. 'Tis for giving a stroke or two with my cane to an illmannerly Dutch Constable that was rude enough to intrude upon me when I was in company. In whatever I may have fail'd of my duty, I shall readily submitt to your Lps.' censure, but humbly pray that these people may not be encouraged to treat in such a manner their Govrs., who are invested with her Sacred Majesty's authority. I can't forbear taking notice to your Lordps. that the person your Lordps. will see signing as Speaker to the House, David Lloyd ye Ringleader and supporter of their wicked contrivances, is the same person, who for his repeated insolence to his late Majesty's authority in this Govmt. was by an expresse order of ye then Lords Justices to Mr. Penn, commanded to be turn'd out of all posts in the Govmt., which order (as I'm inform'd) was by mistake (I suppose) carried away among other papers when Govr. Penn went for England. I wish he had so behav'd himselfe as not have occasion'd my signifying so much to your Lordps., but 'tis quite other ways." Signed, John Evans. Endorsed, Recd. May 26, Read June 2, 1708. 4 pp. [C.O. 5, 1264. No. 38; and 5, 1292. pp. 47–51.]