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( v)
CONTENTS.
PAGE
CORRIGENDA ...... vi
PREFACE ....... vii
CALENDAR .... . . 1
GENERAL INDEX ..... 767
(.vi)
CORRIGENDA.
Page 225, twenty lines from bottom, for 1902 rend 1702.
289, line 15, for Samuel read Sampson.
382, six lines from bottom, for promising read procuring.
355, last line, for Provinces read Province.
379, line 2, add (No.) 368.
408, last line, add, and 318, 3. (No. 3.).
477, fifteen lines from bottom, add, No. 768.er. Similar letter (without
enclosures) to the Earl of Nottingham. (C.O. 5, 751. No. 46.)
491, line 2, for Robinson read Robertson.
596, line 19, add (and 5, 751. No. 45.).
704, line 5, add, and 412, 549. p. 3.).
722, line 14 from bottom, for Newfoundland read New England.
729, line 17 from bottom, for Lords read Lord.
733, line 26, add, and 412, 549. pp. 6-30.
( vii
PREFACE
On Feb< 28 1702 a French naval officer, on board
the Triton off Porto Rico, described to a friend the appear-
ance of a comet, which had lately been visible at twilight.
1 There have been great wagers," he writes, " as to the
meaning of this Comet. Some will have it foretell a great
war ; others the death of several great ones " (163).
Governor Nicholson also reports that the " tail of a
blazing star " had been observed in Virginia (105). A
week later William III was dead ; little more than two
months later the War of the Spanish Succession had
broken out, and advice-boats were being dispatched to
take the news of the Declaration of War to the Colonies
(414, 417,431#).
By November an Order in Council was issued for a
Public Thanksgiving in the Colonies for the successes of
the Queen's arms by land and sea (1114).
Accession of Three days after the death of King William an Order
Queen .
of Council was issued that the Governors of the Plantations
should proclaim the accession of Queen Anne " in the
most solemn manner," and at the same time publish H.M.
Proclamation continuing officers in their places (189, 219).
Occasion was to be taken to exhort the Colonists to do
what was necessary for their security and defence. The
news reached America during May (527, 537, 538), and,
in view of the Queen's Declarations and Address to the
House of Lords (219.i.-iii.), was everywhere received with
satisfaction (845 etc.}. New commissions were presently
issued to the various Governors (573,
This comet " importing change of times and states," as good comets should,
is recorded to have been seen in Southern India, Cape of Good Hope, Louisiana, etc
I'ingre, Histoire del Comet*.
v iii PREFACE.
General On Tan. 24 the Council of Trade signed an elaborate
T I* f (*
representation upon the general state of the defence of the
Colonies (51, 55 .i.). They recommended the despatch of
arms and ammunition, and that the Governors and
Proprietors of those Plantations, which had signified their
unwillingness to contribute their quotas to New York^
should receive further instructions directing them in the most
pressing terms to comply with that requirement, as being
14 a matter of common benefit and security." It was
ordered that letters of this tenor should be sent accordingly
(77). In making a return of the stores of war sent to the
several Plantations within the last twelve months, the
Board pointed out that, in case of war, it would be necessary
to furnish magazines of stores in the chief of them (32).
They made a further report upon the state of defence in
the Plantations in April (348), when the whole question
was considered in full Council " at Mr. Secretary Vernon's
office" (384). An Order in Council in August gave
directions for letters to be written to the Governors and
Proprietors, instructing them once more to make provision
for the defence of their Provinces (896). In drawing up
their report, the Council of Trade took the opportunity
of representing the necessity of providing stores and credit
tor H.M. ships of war in the Colonies, for want of which
ships had often been laid up in harbour, or Governors,
like Nicholson, been compelled to engage their private
fortunes (635, 1093, p. 47).
*!:$* The most im P ortant documents contained in the present
un volume are those letters from the Governors of the West
Indies and Admiral Benbow to the Council of Trade,
Mr. Secretary Veraon and the Earl of Nottingham, which
enable us to trace the movements of the French Fleet
those seas, and which, together with the proceedings
Court Martial held at Jamaica, throw light upon
: action which disgraces the annals ot the British Navy
and cost Benbow his life.
PREFACE. ix
An immense fleet under the command of Chateaurenault
had concentrated at Martinique in January (8, 8.H., 8. in.,
132, 195. i.). The French Admiral appears to have intended
to commence hostilities by making an attack upon
Barbados and the Leeward Islands (101, 103, p. 110),
whilst Coetlogon convoyed home the Spanish Flota
assembled at Vera Cruz. But the Spanish merchants were
shy of trusting their rich galleons to the protection of the
French. On hearing that they had refused to sail with
Coetlogon, Chateau renault abandoned his project, and
himself sailed with eighteen men-of-war and nine frigates
for Havana or Vera Cruz, intending to divide his fleet
and send part of it home, after passing Jamaica and possibly
fighting the English there under Benbow(163). With his
main force he proposed to pick up the Spanish galleons
and to convoy them away through the Gulf of Mexico
(325). He left Martinique on Feb. 22 (N.S.), much to
the relief of the Barbadians. His ships were badly
provisioned, and his men had suffered from disease during
their stay there (132, 132.i., 136, 163, 325).
Admiral Benbow, waiting at Jamaica with a force not
sufficient to engage the main division of the French, but
strong enough to fight a squadron, protect the Plantations,
and perhaps to catch the Spanish Flota, suffered in the
same way. He was losing more men from sickness, he
says in giving an account of the state of his ships, " than
if we fought once a month. Scarce one in three of our
Europeans live here twelve months " (333, 473, 560).
After touching at I^eogane (Hispaniola), Chateaurenault
proceeded to Havana at the beginning of April, and there
remained wooing the Flota at Vera Cruz, till the middle
of July, when, having at last overcome the coyness of the
Spanish merchants, he sailed for Europe, his overwhelming
force of 30 men-of-war convoying eight galleons (323, 325. i.,
523, 560, 743, 811, 980, 1136). Benbow had not strength
to prevent him. Seeing that the safety of the Plantations
depended upon success, he deemed it imprudent to hazard
PREFACE.
a battle with Chateaurenault's fleet (473, 560). But he
hoped to account for the squadron which the French
Admiral had detached to Leogane, and which he thought
was staying there, but which, in accordance with the plan
explained above, slipped away to France (333, 473, 523).
At the end of June he was still uncertain whether
war had been proclaimed (560).
Nevertheless, on hearing that M. Ducasse, the new
lt French Governor of Leogane, was on his way from France
" with four sail of men of war, to settle the Assiento at
Carthagena and destroy the trade of the English and
Dutch on that coast" (560, 560.i.), he laid his plans to
intercept him, as well as the new Spanish Governor of
Cartagena, who was coming from Hispaniola, and some
victuallers making for Chateaurenault's force at Havana.
With this object he divided his fleet into three squadrons,
to cruise off Hispaniola, Cuba and Cartagena (560, 560 .i.,
743). At the beginning of July tidings reached him of
the outbreak of the war (743). At the beginning of the
following month Benbow, with seven men-of-war, was
still hovering off the north coast of Hispaniola, waiting
for Ducasse, and meanwhile meeting with some small
successes (811) amongst the shipping at Leogane . At length
he was informed that Ducasse, with 22 sail, had been sighted
off Porto Rico, July 27 (811, 936). But Ducasse, getting
wind of Benbow's position, did not make for Leogane. He
sent the merchantmen and transports under his convoy to
Havana, some ships with the Duke of Albuquerque to Vera
Cruz, and himself stood away for the Spanish coast. Benbow
hastened to intercept him on his way to port at Cartagena,
and fell in with him on Aug. 19 off Rio la Hache (Rio Hacha).
The reward of his long watch seemed at hand. Ducasse had
but four men-of-war, of from 60 to 70 guns, besides two
merchantmen, or transports, and four small vessels, against
seven English men-of-war with a superiority of 122 guns.
3ut on the side of the Frenchman was the poltroonery of
the English captains. A running fight ensued during a week
PREFACE- Xi
when light winds prevailed, the Frenchmen endeavouring to
get away, and Benbow engaging their ships successively as
he came up (036). On the first day, Capt. Kirkby, of the
Defiance, who was in the van, contented himself with firing
three broadsides, " then luffed up out of the line and out
of gunshot, leaving the Admiral engaged with two French
ships till dark" (1063.i.). The Windsor followed suit
Next day Benbow altered the line of battle, taking the van
with the Bredah, in hopes to shame the rest into following
his example. But all the others hung far astern, whilst
Benbow and the Ruby plied the enemy with their chase guns
till night, and next day, though the Ruby was disabled, but for
the refusal of Captain Kirkby and Captain Constable of the
Windsor to fire their broadsides, they must have taken
the enemy's sternmost ships. The next day and the next the
Admiral clung to the enemy's rear, being now supported by
the Falmouth (Capt. Vincent), whilst Kirkby and the rest
hung back, " as if they had a design tib sacrifice the Admiral
and Falmouth, or desert " (p. 675). Benbow then sent
the Ruby, which had behaved very well and was disabled,
back to Jamaica with a prize (936, p. 676). Early in the
morning of the 24th he and the Falmouth again engaged
the sternmost ship of the enemy. At 3 a.m. the Admiral's
leg was broken by a chain-shot ; he was still deserted by
all but the Falmouth ; but nothing daunted, the indomitable
sailor " ordered his cradle upon the quarter-deck, and com-
manded the fight to be vigorously maintained." By daylight
the enemy appeared a wreck ; but Kirkby running " away
from the poor disabled ship, and the rest following his
sad example, though they had but eight men killed on
board them all," the other three French men of war, seeing
their cowardice, bore down upon the Bredah, Benbow's
ship, gave her a raking fire and rescued their disabled
comrade. Benbow having mended his rigging, gave orders
to stand abreast of the enemy's van, and then to attack
them. He sent word to all the captains to keep the line
of battle and behave themselves like Englishmen. The
x jj PREFACE.
six English ships were now alongside the three Frenchmen,
and to windward of them ; for the first time, after six
days of light winds, there was a stiff breeze blowing ; " a
fairer opportunity could never happen to engage " (pp. 678,
579, 676) and capture the forces designed for the
Spanish forts and the officers of the Assiento. At this
moment, Kirkby, hearing that Benbow was wounded,
came on board the Bredah, and without stopping to enquire
after his Admiral's health, protested against continuing
the action, " it not being necessary, safe or convenient."
" During the six days' engagement he had never encouraged
his men to fight, but by his own example of dodging behind
the mizen-mast, and falling down on the deck on the
noise of the shot, and denying them the provisions of the
ship, the said men were under great discouragement " (p. 677).
Benbow summoned the other captains to a consultation
on board the Bredah. Unfortunately, for one consideration
or another, they followed Kirkby's lead, and signed a paper
of reasons for putting an end to the fight, drawn up by him.
Those reasons were, Benbow says in his reply to them,
*' all a vision false and cowardize, which I doe averr "
(936.i., ii.). He was obliged to return to Jamaica, there
to die of his wound and the chagrin of this disgraceful
affair (1191). But he lived long enough to see the cowardly
The court- and insubordinate captains court-martialled, and to give
Martial at
Jamaica, evidence in favour of those who had behaved courageously
(p. 678). Of the rest, Captain Kirkby and Captain Wade
were condemned to be shot for " cowardice, breach of
orders and neglect of duty," but were respited till H.M.
pleasure should be known* ; Captain Hudson died before the
trial, and Captain Constable, cleared of cowardice, was
cashiered and imprisoned during H.M. pleasure. The
proceedings of the Court Martial, held on board the
Canterbury by Rear-Admiral Whetstone (who presently
.h 1101 \ J "? the ZMitoJ. on arriving in Plymouth Sound, April 6,
<l ft t . poUut ^ English soil 1 S * Naval 7 ' J an - 7 > 17 t and
W Benbow's own despatches describing the engagement Will be
the succeeding volume of this Calendar, 1702-3.
PREFACE.
succeeded Benbow), are given (1063 .i.). They do not afford
any clear indication that there was any other motive for
the conduct of Kirkby and the rest but sheer poltroonery.
Possibly Kirkby's excuse for not firing on the enemy,
41 because they did not fire at him, for that they had a
respect for him," may have been intended to suggest
that Admiral Benbow did not inspire respect, and indicate
some feeling of jealousy entertained by smart placemen at
being commanded by a hard fighting, rough-tongued sailor-
man, like Benbow, the hero of the gun-room and the foc'sle,
an old Tarpaulin, who had made a career of the Navy.
In any case, we may well believe Benbow's report that "the
people in these parts are extremely incensed against them,
having never heard or met with anything so base " (1066).
It is evident that the sailors and subordinate officers were
ready enough to fight. It remains curious, therefore, that
Benbow did not place Kirkby under arrest during the
action and supersede him on the spot, or threaten to turn
his guns on him. Had he done so, so far as one can judge,
this discreditable, but happily unique, episode might never
have sullied a page in the glorious history of the British
Navy.
New York. Lord Coinbury did not arrive at New York, to take up
his Government there, until May. The long delay in his
coming over gave rise to the rumour that he was not
coming at all (373). Nothing could have been more
unfortunate. It seems to have been well understood in
New York that he would prove a strong supporter of the
Anti-Leislerite party, and would reverse the policy of
Bellomont. The Leislerites, therefore, in the meantime,
having gained control of affairs in the way we have seen
in the preceding volume, allowed their partisan favour to
go beyond all bounds. On examination of some witnesses,
chiefly soldiers of the garrison, it appeared that three
Addresses, to the King, the House of Commons, and
Lord Cornbury, had been drawn up by " Protestants of the
PREFACE.
English Party,"* complaining of the proceedings of
the Leislerites, as tending to render H.M. Government
violence of u scandalous, vile and cheap in the eyes of the people " (464,
, cf. Calendar, 1701, No. 1117.ii., iv.). The Lieutenant-
Governor, however, and the Leislerite Members of Council
state that they were signed by soldiers, seamen, common
sojourners, Dutch, Frenchmen and aliens, who in no way
represented the English (44, 45). It was said that
Col. Bayard and his son, and Alderman Hutchins, the
keeper of a public-house, were the prime movers in
promoting these Addresses, and that by plying the garrison
with strong drink they had obtained their signatures in
ignorance of the contents. Hutchins and the Bayards
were accordingly summoned before the Council and
required to produce the Addresses (Jan. 17, No. 35). The
Bayards said that this was not in their power, and were
bound over to stand their trial in the Supreme Court.
Hutchins, for not producing the Addresses, was committed to
custody, for " that he hath to the manifest disturbance
of the peace of this Government, used divers indirect
practices to procure mutiny and sedition amongst the
soldiers," etc. (p. 31), " and drawn in them and others
to sign scandalous libels, whereby they have endeavoured
to render the past and present Administration vile and
cheap in the eyes of the people " (p. 33). To justify this
procedure, an old Act of 1691, for settling the recent
disorders, was raked up and quoted. As to the legality of
the proceeding, the English Attorney-General remarks that
Hutchins was required to produce a libel of which he was the
author, and thus to accuse himself (368, 379). On the
following day Col. Bayard, Rip Van Dam, Philip French
and Thomas Wenham petitioned for his release. The
Addresses, they said, were in their custody, not his (pp. 32,
One of the Addresses, which they still refused to
PREFACE. XV
produce, they described as directed to Lord Cornbury,
" nominated by H.M. to succeed the late Earl of Bellomont
as our Governor." This phrase was seized upon and inter-
preted as an incitement " to the people to disown the
present authority," and Nicholas Bayard was accordingly
committed for high treason, in spite of the opinion of
the Attorney-General that there was nothing criminal
or illegal in the Address or their conduct (/>. 33, Nos. 343.
iii.-vii.).
Great pressure was also put upon the other three to
induce them to deliver up the Addresses (58, 137, 187,
188) ; but the opportune arrival of a ship, Jan. 24, with
news that Cornbury was indeed coming, moderated the
zeal even of Atwood and Weaver (343 .v.). A proclamation
had been ordered, intended to allay the apprehension of
wholesale prosecutions which had been aroused, and so to
leave the hands of the Leislerites free to attack the ringleaders
(49, 54 .i.). It was suppressed (p. 229). The zealots concen-
trated their efforts on the humiliation, if not the destruction,
of Bayard and Hutchins. Juries were packed (pp. 262,
614^., No. 412); and, since the Attorney-General proved
obdurate, a new office, that of Solicitor-General, was created,
and Weaver appointed to it (91). There was nothing that
could be reasonably interpreted as treason in the Addresses ;
the Addresses themselves had never yet been seen either
by judge or jury ; but the Chief Justice, by proceedings
" the most unjust ever heard of," as Lord Cornbury says
(p. 614), procured a verdict of guilty, and sentenced Bayard
and Hutchins to suffer the death of traitors (1206#).
Bayard and The day of execution was fixed. To save his neck,
Hutchins _, . , ,. . . . .... ,
condemned Bayard was obliged to sign a petition for a reprieve, m
which he confessed his fault. A phrase forced upon him
was construed as admitting the guilt of high treason
(213, 412, p. 263). On April 14th, intimation was received
that Lord Cornbury might be expected to arrive shortly.
The same day the Lt. -Governor and Council wrote to the
Council of Trade, that Hutchins and Bayard, having
PREFACE.
confessed their offences, had been reprieved till H M
pleasure should be known. Hutchins was recommended
to mercy (338). Almost simultaneously their case was
laid before that Board in London (343), and, upon their
recommendation (392), a reprieve was dispatched m hot
haste to New York (383). The Council of Trade presently
proposed that their case should be heard by the Privy
Council (405). Meanwhile, at New York, Livingstone was
suspended from the Council. Popular feeling in the city
was largely Anti-Leislerite, and manifested itself by cutting
down the gallows presumably a pro-Bayard demonstra-
tion (268, 302). But many of the most prominent mer-
chants, in the face of this persecution, fled to the Jerseys
or adjoining provinces (408, 410). And the neighbouring
Governments, such as Virginia and Maryland, began to
take steps to interfere (192).
The Leislerites passed from one extreme to another.
On hearing of the arrival of Lord Cornbury in the river,
May 1, the Assembly sat night and day without inter-
mission and, in frantic haste, passed seven Acts. They
included one for the payment of the damages said to have
been suffered by Leisler in the Revolution, one to outlaw
French and Wenham, one to gerrymander the con-
stituencies by adding five members to the Assembly in
those counties which they expected to carry, another to
tie up the revenue and secure incomes for Nanfan and
Atwood, and others intended to tie the Governor's hands
(412). Six out of the seven Cornbury presently recom-
mended to be repealed, whilst the Council of Trade, as
soon as they heard of the first, wrote that it must be dis-
allowed, pointing out that it was contrary to Bellomont's
Instructions (752, 1010). They also directed Cornbury to
induce the Assembly to repeal the obsolete clause in the
Act of 1691 , under which Bayard had been condemned (740).
The Bishop of London also interposed to procure the
repeal of an Act of 1700 as affecting the provision made
for ministers.
PREFACE. xvii
Corabury had landed at New York on May 3, and
New York, immediately dissolved the Assembly (408. i.). His arrival
was signalised by the return of the Anti-I^islerite merchants
who had fled to the Jerseys (408, 410). His next step
was to suspend the five Leislerite Members of Council,
whose Reign of Terror was thus brought abruptly to a
conclusion (601). His reasons are given (1206.H., iv., vi.).
Weaver, the Collector-General, forfeiting a bond into
which Cornbury had obliged him to enter to answer his
accounts, fled the Province ; so, too, did Atwood and
Depeyster. The two former arrived at Plymouth in
October under borrowed names, in contempt of the
Governor's proclamation for their arrest (1086-1088),
and Atwood entered his feeble defence (750).
Anti-uisi- fa f or the Lieut.-Governor Nanfan, he had the
ite Keaction.
mortification of having his Bills returned protested from
home, and was himself arrested by Cornbury on the
grounds that he was in H.M. debt (1021). Broughton was
restored to the office of Attorney-General by Order in
Council (741). Cornbury was heartily welcomed by the
Anti-Iyeislerites, who voiced their grievances and sense of
relief (999.xi.#). The Leislerites, they said, had aimed
at the extirpation of the English by turning them out of
all commissions of the Peace and Militia, and putting in
Dutchmen and the meanest and most ignorant of the
people, " few of them understanding English, much less
the Laws." The sheriffs could most of them neither read
nor write. Cornbury was easily convinced of the necessity
of substituting sheriffs of more Anti-Leislerite intelligence.
In the same way he recommended for the Council the old
Fletcherite gang (1016. i.). It is significant that some of
the documents he sends home are countersigned by Honan
(999 .xi.^.), Fletcher's disreputable secretary, whom
Cornbury said he had dismissed at the instance of the
Council of Trade (Calendar 1701, Pref. xxv.). The scale of
Justice seems likely to kick the beam on the other side.
Significant also of the new order of things is the list of
6
PREFACE.
men transmitted by Nottingham to the Council of Trade
without consulting them, as appointed to the Councils of
New York and New Jersey. The Board drew attention
to the undesirability of proceeding in this way, and made
objections to individuals proposed (932).
After proclaiming Queen Anne at New York, June 18,
when " the people showed all the cheerfulness and loyalty
that could be wished for " (652), Cornbury proceeded to
review the defences of the Province. He found the garrison
at New York wretchedly clad and armed, the fort rotten
and the guns honeycombed. To protect the place from
attack by sea he proposed the erection of stone batteries
upon Long Island and Staten Island (p. 606). Proceeding
to the frontier, he found the garrison at Albany no better
off, and the fort as Bellomont had described it.
Schenectady, a mere open village, " more like a pound
than a fort," had hardly any guns or men, and no powder
or shot. The Militia of the Province had not been mustered
since Col. Fletcher's time. Except for the regiment at
Albany, the Militia was " a thing forgot " (p. 605). Stone
forts at Albany and Schenectady, stone redoubts at
Nustugione and Half-Moon, and a stockaded fort at
Saractoga would secure the frontiers, and so the whole
Continent, if garrisoned by a force of 600 men. Our
Indians, too, many of whom were wavering, would be kept
loyal by this means, and the settlers on the frontiers would
be secured. So far, it will be seen, Cornbury repeats the re-
ports of Bellomont, derived, no doubt, from the same advisers,
though he never loses an opportunity of blaming his
predecessor (994). His own contribution to the theory of
the situation is only remarkable for the wisdom of foolish-
'The only good way of securing the whole
Continent would be to drive the French out of Canada
that the thing may be done with ease is certain.
1,500 well-disciplined men from England, and eight fourth-
rate frigates, joined with what we can raise in these
Provinces, will do that matter effectually." Such was his
PREFACE.
optimistic view, upon which he enlarges in detail (1009).
His practice was more to the purpose. Col. Romer, whose
energies were absorbed by the fortifications at Boston,
had done little or nothing towards the fort at Albany.
Cornbury made a design of his own, and laid the foundations
of a stone fort with the materials that had been slowly
accumulated for that purpose. He then called Romer to
account, much to the disgust of the Dutch engineer (994).
At Albany he held a conference with the Indians (1009.^.).
with the H C announced the accession of Anne, and the Five Nations
Indians.
welcomed a Governor of the Blood Royal (1009 .ii.c.).
Some Canada Indians, who were present at Albany, asked
if the Governor of Canada were correct in saying that the
Indians were to be neutral in case of war, and some Far Indians
from the French fort at Tieughsaghrondie (Detroit} enquired
if goods were cheaper at Albany than in Canada. Cornbury
enquired of the Five Nations as to their relations with
the Far Indians, and demanded an account of their late
treaty with the French of Canada and their communications
with them. He warned them not to trust the French,
and to be on their guard, even if they professed to be
going to keep their Indians neutral. He promised to
provide forts at Albany, Schenectady and out garrisons.
In reply, the Five Nations complained that none of the
promises made to them last year had been fulfilled ; they
went to Canada because goods were cheaper there, and
the way easier (1009 .ii.g). They and the River Indians
promised not to be the first aggressors in case of war,
and not to receive priests into their country. The River
Indians announced that the Pennicoke Indians had
received a message from the Governor of Canada inviting
them to go and live in Canada, which they had refused
to do. Cornbury, in return, invited them to live at
Schachkook. The Five Nations communicated a sum-
mons which the Sachims of the Onnondages, Cayuges
and Senecas had received from the Governor of Canada
to attend him. Cornbury told them not to hearken to
xx PREFACE.
any proposition from the French. They promised to
Doubts a, to obey. But Cornbury presently learnt from Dekanissore
S: lo oanon!that, during this conference, Sachims from the Onnondages,
d.ge*. etc. CayugeS) and probably Senecas, had gone to Canada, and
that a Jesuit priest was coming to Onnondage from Canada.
Cornbury charged them on their allegiance to send him
back to Canada, or to bring him to Albany. But the
impression naturally left upon his mind was doubt as to
the loyalty of those three tribes.
Epidemic When the new Assembly met, it was not at New York
New York, but at Jamaica. For the capital was scourged with an
epidemic so violent that at one time 500 deaths occurred
in ten weeks (p. 612). It abated in the autumn, and the
Assembly returned to New York in November (1148).
But it left its mark upon the Statute Book in the shape
of what were intended as preventive measures, such as the
prohibition of the burning of oyster-shells (for lime) near
the city.
The new The new Assembly was strongly Anti-Leislerite. They
chose William Nicholl(s) for their Speaker, and, after
preparing a congratulatory Address to the Queen, and
voting 1,800/. for raising men to garrison Albany and
Schenectady, in accordance with Cornbury's recommenda-
tions for the defence of the Province (1072, 1092), they
turned to the pleasant task of retaliation. Abraham
Gouverneur, the former Speaker, was declared to be an alien,
and the laws passed when he was Speaker therefore
null and void (1011, 1134); the trial and condemnation
of Bayard and Hutchins were pronounced illegal, and
those responsible recommended to be prosecuted ; and
it was resolved that " the setting up a Court of Equity
in this Colony without consent of General Assembly is an
innovation without precedent, inconvenient and contrary
to the English Law ; that the Court of Chancery, as lately
erected and managed here, was and is unwarrantable,
i great oppression to the subject, of pernicious example
and consequence " ; and an Act was passed to that effect,
PREFACE. XXI
and declaring its decrees null and void (1134, 1199).
Commissioners were appointed to examine the Public
Accounts (1182). Amongst the Bills recommended to the
PT school Assembly in Cornbury's speech, was one for " erecting
public schools at proper places," and an Act for the
encouragement of a Free School at New York was passed
(1072, 1166, 1199).
Cornbury drew attention to the increase of the debts of
the Province, hinting that Bellomont was responsible,
and applied for a grant from the Crown to pay off the
deficit and to complete the fortifications (p. 613). In
compliance with a request from the Council of Trade,
Naval stores, he made a report upon the naval stores commissioned by
Bellomont (418, 1007#). In England, a company, headed
by Sir Mathew Dudley, applied for a Charter of Incorpora-
tion to work the mines and provide naval stores in New
England (813).
Massa- Before the arrival of Governor Dudley, the Government
chusetto
Bay. of the Massachusetts Bay pressed on with the fortification
of Castle Island (129), and took other measures for defence
(218, 264), including " an experiment of fireworks for
sinking ships " (584). When it was reported that some
Indians, acting under the commission of the Governor of
Accadie, had seized some Salem ketches at Cape Sables,
they wrote to M. Brouillan for an explanation (638, 564).
He, later on, returned the compliment by demanding the
restoration of French vessels taken by Massachusetts
privateers since the declaration of the war (972).
Arrival of Governor Dudley arrived at Marblehead on June 11
G Dudi?y r (357, 593). The Assembly had been dissolved in April,
* l the business of husbandry being urgent at this season '
(326). The new Assembly met on May 27 (532), and made
a loyal Address to the Queen (565). In his Speech, the
Governor recommended to them measures of defence,
especially the rebuilding of the fort at Pemaquid, and the
provision of a settled establishment of the Government.
He characteristically impressed upon the Representatives
PREFACE.
that, since the Province was not so profitable to the Crown
as the Southern tobacco-growing Plantations, " it is there-
fore justly expected of us that we use all methods to fall
into such other articles of trade to supply the Kingdom
of England with naval stores and other commodities
there wanting, of which this Province is capable, that
may remove this objection, and that in the meantime
we be as little chargeable to the Crown as may be, especially
that we take care that our Trade be kept within the
strictest bonds of all Acts of Parliament, and that all
false trade and practices be with utmost diligence pre-
vented and suppressed " (608). The Assembly had made
but little progress in carrying out these proposals when
Dudley, being obliged to leave for New Hampshire and
the frontiers, prorogued them (668).
The war and News of the war reached Boston on Tune 19 (629, 633).
Pnvatccrs. \ > s
Steps were at once taken to encourage privateers (728, 780),
which met with such success that they had secured fifteen
prizes by the middle of October (810, 966, 1046). More
difficulty was experienced by Dudley in fulfilling the
instructions he received from home to send provisions
forj u a^ e ak s a ^ some com P ani es of volunteers to Jamaica (966). The
idea of denuding the Province for this, the first oversea
expedition from Massachusetts, was naturally not popular,
especially when information was received that the Governor
of Quebec had sent a couple of hundred Indians to attack
the Eastern frontiers (1135). Dudley had to contend
with the opposition of the Council, who spread the story
that the companies would be broken up on arrival at
Jamaica and distributed amongst the regular regiments
there, " and put on board Admiral Benboe " (1131, 1135).
He therefore urged that it was most important that they
should be kindly treated.
Dudley, proceeding to the frontiers on a tour with a
Committee of the General Assembly to view the ruined
fort of Pemaquid (810), met the Sachims of the Eastern
Indians on his return at the end of July.
PREFACE. Xliii
Conference Details of the negotiations carried on with the Eastern
with the
Eastern Indians in June, I10l( see Calendar, 1701 ,M>.500,rfc.)arenow
Indians,
HOI. given (184#.). They had then refused to send their children
to be educated by the English, or to abandon the religion
they had learnt from the Jesuits, but they promised to
remain neutral in case of war, and to give up the French
flag they were flying. To commemorate the treaty, two
pillars of stone were erected at Andrew's Point, " now
mutually agreed forever hereafter to be called the Two
Brothers' Point" (184.L).
Dudley's Dudley expressed his approval of these Treaty Stones.
Conference
with the He renewed the bond of friendship, and urged the Eastern
Indians, now that war was declared between France and
England, not to cross the Saco River, but to keep away
from the English settlements, for fear they should be
mistaken for Canada Indians. They complained that the
price of beaver had fallen by one half. The Governor
explained that it was out of fashion in Europe. " Nothing,"
he concluded, " but the French priests among them will put
them out of a temper towards us " (803, 810, SlO.ii., 966).
He received the thanks of the Assembly for his services
in this connection, " the peace hitherto with the Indians,
which was more than they expected, depended wholly upon
my personal knowledge of them and travail to Pemaquid
to meet them." But thanks were all he obtained ; the
Assembly showed no inclination to settle the Governor's
salary, and Dudley applied for an order to be supported
out of the revenue.
Pemaquid. The Committee, which had visited Pemaquid, recom-
mended that the Assembly should vote a sum of money
to rebuild the walls of that fort, and that her Majesty
should be petitioned to garrison it. Dudley made a
representation to this effect, pointing out that the cost of
maintaining a garrison was beyond the means of the
Province, since no craftsman was paid less than 5s. a day,
and that the need of one was great, in view of the garrison
at Port Royal (780, 810, 1135, 1135.ii.). About the same
PREFACE.
time an Order in Council was issued directing him to press
for the building of this and other forts and batteries,
for which, when completed, H.M. would send guns and
stores (896).
Pressing of During the Governor's absence a serious incident
Seamen. .
occurred at Boston, arising out of the arbitrary impressing
of some seamen by the captain of H.M.S. Swift. Contrary
to his promise, he endeavoured to slip past the fort on
Castle Island (768 .xi.). His ship was fired on and brought
to, and, in spite of his violent behaviour, he was placed
under arrest by the Lieutenant-Governor, Captain Povey
(331, 768 .xii., xviii.).
Past nays The meeting of the Assembly in October took place at
and Days of *
Thanks- Cambridge instead of at Boston, owing to the sickness
(jiving
which had spread hither from New York. A General Fast
was appointed, to implore success for the Queen, the
preservation of her Provinces, and relief from the epidemic
(160, 1018). A Day of Thanksgiving acknowledged the
success of the English arms, as well as the " present
Administration of this Government" (1180).
Paper issue. A paper issue of " Bills of Credit," foreshadowed in
1701 (Calendar, 1701, p. xxxix.), is described (1198).
Dudley published his Commission as Governor of New
Hampshire. ,., . . _ .
iampshire on July 13th, at Portsmouth (749). The
Queen had already been proclaimed with "the greatest
demonstration of joy and satisfaction imaginable " (566).
In a short session, the Assembly passed Acts for revenue
and for defence, which Dudley appreciated as all that
could be desired from "this little, poor Province" (769,
Thanks to the Lieutenant-Governor, Partridge, he
says, they had increased the revenue " at three times
more than my Lord Bellomont had it," besides putting
tew duty upon boards and timber (810). He finds, in
fact, no cause for complaint in this Province. Whilst
shcr, on the other hand, was still on the war-path at
itioning that Dudley might -have directions to
into tke former disorders. of the Province (598)
PREFACE. XXV
and Sheafe, the Collector, was reporting that the generality
of the inhabitants declared their opinion that "the strict
execution of the Acts of Trade is the ruin of these
Plantations" (127), the New Hampshire Assembly were
voting an Address to the Queen and appointing
Major Vaughan to be the mouthpiece of their defence in
England (539). In their memorial, they denied that there
was any waste of timber going on, as had been so con-
fidently alleged ; but the dimensions of the trees reserved
for masts for the Navy were too small, and they begged
for an extension of the limit set (780.ii.). They had done
all that was within their power for the defence of their
country by maintaining the fort on Great Island in the
Piscataqua River (cf. 896) ; as to the quota, their need
as a frontier Province was greater than that of New York
(544). They had been reduced to extreme poverty by
the Indian wars and Allen's claims (544). Against those
claims they again enter a petition (546). " If that case
were determined," says Sheafe (1), " this place would soon
flourish."
A day of Thanksgiving for the successes of the English
arms by land and sea, a good harvest, the Gospel, and
Dudley's administration, was appointed in October (1102,
1104).
Rhode Dudley, with a part of the Council of the Massachusetts
Island.
Bay and a troop of horse, visited Newport in September,
and published his Commission (Calendar, 1701), which gave
him command of the forces and fortifications of this Colony,
as well as jurisdiction of the Vice- Admiralty, in time of
war. At this, he says, " the Quakers raged indecently,
saying that they were ensnared and injured " (p. 598). In
fact, the Governor, Cranston, and Council protested that the
power of Militia was granted to the Governor and Company
by their Charter, and refused to recognise his authority
until they had consulted the Assembly, which was due to
meet in October. Dudley said that he had nothing to
do with, the Assembly in that affair, and desired to review
PREFACE.
the Militia. They refused. He then ordered the Town
Major to appear with his regiment in arms next morning,
intending to administer the oaths to the officers. He
refused, on the grounds that by his Commission he was
to receive orders from the Assembly or Governor and
Council (935). The Assembly approved of this action,
resolving to retain the power of Militia and jurisdiction
of the Admiralty until H.M. pleasure should be ascertained
through an Address (966 .ii., 970, 1073). Dudley then
left for the Narraganset Country, and reviewed the Militia
at Rochester, a town " to which I had the honour to give
that name 16 years since," now grown to 120 men. He.
met with no hindrance here, but after his departure, the
Governor and Council of Rhode Island " came near to
Rochester, sent for the officers, and were greatly displeased
with their attendance and submission." Dudley describes
the Government of Rhode Island as a scandal, in which
the Quakers exercised a tyranny, and the majority desired
to be brought under H.M. Government (966). When
the Council of Trade received Dudley's report of these
events, they made a Representation to the Queen, that
" this Colony, being of importance to the trade and
navigation of England, ought to be secured by the best
ways and means against the attempt of an enemy, to
which they lie exposed." This could only be done " by
the Legislative powers of this Kingdom," presumably
through the Bill for resuming the Proprietary Colonies to
the Crown. But in the meantime, in accordance with
the opinion of the Law Officers of the Crown given in
1694, that in the event of Proprietors neglecting to protect
their Governments in time of war, the Crown might appoint
a Governor "as well for the Civil as Military part of
Government," they recommended that her Majesty should
appoint Governor Dudley to execute such a Commission
there during the war (1184).
The pro- Excogitating upon the " strange malignant humour "
6*i. which possessed the various settlements upon the Main
PKKrACI-.
\ \ v : i
to refuse to contribute their quotas to the plan of concerted
defence, Col. Quary, in a curious passage, notes a remark-
able change'in the temper of the people, and attributes
their alteration from extreme loyalty to discontent and
murmuring against the Queen's Government, to the evil
communications of the neighbouring Proprietary Govern-
ments, the inhabitants of which, paying less in taxes and
enjoying greater licence in illegal trade, grew rich unpunished,
and jeered at their neighbours as slaves. The remedy
for this sad state of things was to resume the Proprieties
to the Crown and unify the administration (p. 176). " Such
independent Governments," the Council of Trade repeated,
'are inconsistent with the welfare of this Kingdom";
the Proprietors had not complied with the requirements
of the King ; their Provinces, left defenceless, were the
retreat of pirates and illegal traders, and the refuge of
deserters ; it was time to re-assume their Charters to the
Crown (pp. 47, 48).
woollen Another grievance against the Northern Colonies in
Manu-
factures in general, but especially against the Proprietary and Charter
the Colonies. .
Governments, is put forward by the Council of Trade in
their report upon the woollen manufactory (1103).
English workmen had been enticed to America, " and in
this manner those Proprieties do not only cloath them-
selves with woollen goods, but furnish the same com-
modity to the more Southern Plantations, notwithstanding
the late Act, and, instead of confining themselves to the
production of such commodities as are agreeable to the
true design and intention of their settlements, they have
improved their skill to such a degree that ... as
good druggets are made in those countries as any in
England," and much cheaper.
Bin for The Bill for reuniting the Proprietary Colonies to the
resuming the
Proprietary Crown, which had been laid before the House of Lords in the
the crown, previous year (Calendar, 1701, Pref. xxxvi.^.), was introduced
again, but " did not pass for want of time " (141, p. 701).
Penn, who had returned hurriedly from Pennsylvania on
xxviii PREFACE.
purpose to oppose it, submitted some proposals for such
a Bill to the Earl of Manchester (121. i.). The Council of
Trade pointed out that it would not serve the ends proposed.
They adhered to the Bill offered to the House of Lords
last session (128, 135), the terms of which are given (317).
They are such as the foregoing documents have prepared
us for. Though the Bill did not pass, the whole case of
the irregularities in the government of the Proprieties
was ordered to be laid before a Committee of the House
summer of of L r(is m tne autumn (1185). The surrender of the
the jerseys. Government of East and West New Jersey, which was
approved and signed in April (71, 340, 347), would no
doubt be regarded as a leading case in this attempt to
secure uniformity of administration.
The Proprietors of the Jersies had first been brought to
agree to draughts of Instructions for a Governor to be ap-
pointed by the Crown, but they could not agree in recom-
mending any particular person for that office. The Council of
Trade therefore proposed the appointment of " some person
wholly unconcerned in the factions of that country " (7).
No sooner had they made the surrender, however,
than one party of the Proprietors prayed to be allowed
to name Andrew Hamilton as first Governor of the new
Province of "New Jersey, or Nova Caesaria" (438. i.);
the other party entered their objections, pointing out
that they could not reasonably hope for redress for the
injuries they had received under his Government, if Hamilton
were nominated. His appointment would be fatal to
the good settlement of the country, which was the chief
motive of their surrender (483. i., 484 .i., 533). The project
was debated with much heat by the opposing parties
before the Council of Trade (567, 568), who, finding them
unreconcilable, and recalling that Hamilton was a
Governor who had not received H.M. approbation, but
was suspected of having favoured illegal trade, not unwisely
again recommended, as the only method of appeasing
the animosities of the- factions in that Province, that a
PREFACE.
Governor wholly unconcerned in the disorders of New
Jersey should be chosen (609, 664). An Order of Council
resulted, disapproving of the appointment of Hamilton
as Lieutenant-Governor either of Pennsylvania or New
Jersey (693).
Instead, Corabury was appointed (783). His Commission
,overnor and instructions, agreed upon beforehand, as we have seen,
by the Proprietors, determined the new Constitution of
the Colony (860, 887 .i.). Most of these Instructions are
identical with those given to other Governors,* but
some were added to suit the peculiar situation.
The franchise was defined ; the Assembly was to sit at
Perth Amboy and Burlington alternately. The Governor
was to avoid " engaging himself in the parties" ; to pass a
law confirming the rights and quit-rents of the Proprietors ;
to report upon the fitness of the Patentees' deputies ; to
press for the contribution of the required quota for the
defence of the Colonies ; and to endeavour to settle
the revenue and establishment of the Government. The
customs and duties were to be equal to those of New York,
and appeals to the Crown granted in cases where the value
involved was over 200/., if the appeal were made within
14 days and good security were given. Ships were only
to be allowed to sail in fleets, or under convoy. An Act
was to be passed " to the like effect as the Act of 7 and 8
William III, for the affirmation of Quakers " (p. 562).
Quakers were to be allowed to hold office upon signing the
Declaration of Allegiance, " together with a solemn
declaration for the true discharge of their respective
trusts."
Colonel The Council was constituted as had been agreed upon
Morris.
with the Proprietors (932, etc.}. Before the appointment
of Lord Cornbury, Lewis Morris went to New Jersey with a
sort of commission to report upon the state of affairs
there, and a letter of recommendation to the inhabitants
* Doyle, in his analysts of them, Middle Colonitt, pp. 449//., gives a fate
impression by treating them all as peculiar to New J ersey.
XXX PREFACE.
11 to support him in his endeavours to preserve peace
and quietness" (561 .i., 562.L, 563). As the result of his
investigations, he describes the Province as, largely, the
asylum of rogues "that cannot be safe anywhere else,"
a country without law and without GospeL
and Throughout the year Penn was, in some sort, on his
nia. trial for the retention of his Proprietorship. The Council
of Trade, eager to carry the measure for the resumption
of the charters of the Proprietary Colonies, brought the
Proprietor of Pennsylvania to bay. He was confronted
with the many charges that had been made against his
Government, of irregularity in the administration of
Justice, of neglect to provide for defence, of encouragement
of piracy and illegal trade, of intolerant legislation, of
proceeding beyond his grant in the case of the Delaware
Counties, of reckless or greedy bargaining with the Indians.
The proceedings resolved themselves mainly into a pro-
contest with longed duel between Col. Quary and the Proprietor. It
Col. Quary.
needed a continued effort on the part of the Council of
Trade to extract from the Quaker answers to their questions,
a statement of his title to the Three Lower Counties, and
to compel his attendance at their Board to reply to Quary.
He seems to have resented the interference, and, as he
held, the bias of the Board (833). He endeavoured to deal
solely with the Privy Council (665, 892) ; and resorted to
every method of procrastination, including the prosecution,
if not persecution, of Quary (334, 339). Quary was sup-
ported b y Edward Randolph (605) and Gabriel Thomas.
The latter was the author of a history of Pennsylvania,
to which, he says, Penn had acknowledged that the Province
was much indebted (823#). Penn treats him with a
magnificent contempt, thinking it a pity to waste time
on so " beggarly and base a man " (923, 949, 1183). The
development of the duel with Col. Quary may be traced
in Nos. 290, 299, 316, 342, 356, 357, 385, 462, 463, 498,
>8, 511, 531, 563, 568, 580, 599, 611, 612.L, 638, 648,
665, 833, etc.
PREFACE.
Quary's charges (342 .i., 356) and Penn's replies (391, 396)
being given in detail, it is not necessary to recount them
here. In answer to the charges arising out of the cases
of illegal trading, which Quary declared to be carried on
"rather worse than ever" (281, 580, 599, p. 174), Penn
demanded in general " a free and impartial enquiry upon
the spot' (pp. 277, 282). The vagueness of the Act
7 and 8 William III was largely responsible for the trouble
in connection with the Admiralty Courts. He suggested
that the question of the limits of the jurisdiction of the
Admiralty Common Law Courts and the Admiralty Courts should be
K referred to the Law Officers of the Crown (580, 585. i.).
Their replies bear witness that the Act was indeed " con-
fused and dark," and acquit him of encroaching upon
the Admiralty jurisdiction by his commission to " water-
bailiffs " at Philadelphia (596, 596.ii., 647, 708, 751. i.
778, 889).
Th 5 T T dians ** e was accused of having made a bargain with the
and Defence.
Pocomoke and Susquehanna Indians, " known to be
villains," to settle in his country, where there was neither
Militia nor arms, with the object of procuring a monopoly of
their trade to himself, at the risk of the settlers' lives
(No. 395 .ii., p. 175, and Calendar, 1701, Prcf. xxxix.).
His answer was characteristic. " The Indians are our friends,
because we have not only been just but very kind to them."
As to the lack of means of defence, there was no enemy
to annoy Pennsylvania. The Indians were friendly, the
French could only reach him through the other English
Colonies. They, in fact, and the Queen's Navy could
do the fighting for him (pp. 277, 282).
A Memorial by the minister and vestry of Christ Church,
Philadelphia, charged the Quaker administration with several
grave miscarriages of justice, including one case where a
jury decided upon their verdict by " hustle-cap " (271 , 272).
The The Council of Trade again and again pressed Penn
to state his title to the soil and Government of the " Three
Lower Counties," and were at last obliged to apply to the
PREFACE.
Earl of Nottingham for his assistance in extracting an
answer to this and other questions put by them (649, 862,
1142). The answer, when at last it came, was not deemed
wholly satisfactory (1207, 1208).
Memorials had been received showing how the Representa-
tives of the Delaware Counties had appealed to Penn
for some system of defence, but in vain (270, 275), and
raised the question of his right of Government. They
complained that they had been answered with threats,
and that Penn had failed to send home for H.M. approbation
some of the most important of the laws passed at Newcastle
(277). They protested against being subject to the
arbitrary government of the Quakers, when there were
very few Quakers in their part of the country, and begged
to be taken under the immediate government of the Crown
coi. Quary (305). Col. Quary, on returning to America, in spite of
America. Penn's endeavours to prevent him, was appointed a kind
of supernumerary member of the Councils of Maryland,
Virginia and New York, with a view to aiding him in his
peripatetic mission of reporting to the Council of Trade
upon the condition of the various Plantations, and was
also provided with Royal Letters of protection against
the resentment of Governors or Proprietors with whom he
might come in conflict, and " the malice of Penn " (589,
658, 658 .i.). He was entrusted, too, with a letter of
greeting and encouragement from the Council of Trade
to the Representatives of the Three Lower Counties (657).
Penn's But before he left England, he was able to forward
Charter to
Philadelphia, some complaints which he had received from Pennsylvania
as to the ample Charter granted by Penn to Philadelphia
when on the eve of returning to England to fight the
Resumption Bill (782, 782.ii.). He had granted it, says
Quary, in order to hamper the succeeding Government,
since he did not expect to retain his Government. Had
he expected to do so, " he would sooner have parted with
one of his limbs." For fifteen years the inhabitants had
been endeavouring to persuade him to give them such a
PREFACE. radii
charter in vain. "He pretends he grants this Charter
at the request of the General Assembly, whereas the greater
part withdrew and refused it as holding many clauses in it
to be destructive of Government, as tending to the establish-
ment of Deism by a law, and making room for Papists to
be in all offices in the Government " (p. 486).
Penn>s appointment of Andrew Hamilton to be his
. Deputy-Governor without applying for the Queen's
Hamilton, approbation was another irregularity which the Council of
Trade insisted upon his rectifying. The Government of
Virginia, in the meantime, had refused to recognise
Hamilton until he had obtained the Queen's approval (192).
Perm maintained that as Proprietor he was Governor, and
therefore not within the Act. So much the Attorney-
General granted (585, 708), but held that his Lieutenant-
Governor was. At length he applied for the Royal
approbation (637. i.), and again, later, petitioned for at
least a temporary approbation of him, " and that the impu-
tation he lies under, which hath made it so difficult hitherto,
may be referred to the examination and report of the
Lord Corabury " (1019). The approbation was given
for one year only, and only on condition that Penn gave a
direct answer in writing to the questions so long submitted
to him; that he agreed, in writing, that this concession
should not be interpreted to the prejudice of the claim
of the Crown to the Delaware Counties, and that security
were provided for the good behaviour of Hamilton (1115,
1141, 1142, 1207, 1208).
The Act for preventing clandestine marriages, objected
to by the Bishop of London as obnoxious to the Church of
England (Calendar, 1701, Pref. xxxviii.) was the subject
of some discussion before the Council of Trade (577, 580).
piracy. The decrease in piracy, noted since the proceedings
against Kidd, etc., was maintained. Mr. Larkin (344)
reports the coast clear of them. It appeared that Churchill
and How, two of Kidd's crew, who were reported to have
escaped from Newgate and to have been " much caressed "
XXxiv PREFACE.
in Pennsylvania, had in fact been included in the King's
general pardon (250, etc., of. Calendar, 1701). Churchill, how-
ever, who turned up in Barbados, having nothing to show to
prove the King's pardon, was arrested and sent home
(424, 458, 504).
Virginia. Ix>yal addresses, plentifully signed, expressed the
indignation of Virginia at the French King's acknowledg-
ment of the Pretender (119, 237 .i.). Besides indicating
the feelings of the Dominion, these and other Addresses
are a mine of names which should be of interest to
Virginians. A Day of Fasting and Humiliation was
appointed in view of the consequent war, news of which,
however, did not reach Virginia till Aug. 14 (846, 847).
When the Assembly met in May, Governor Nicholson drew
their attention to the fact that not one-fourth of the 10,000
Measures of odd Militia was armed. But the burgesses, in view of
recent importations of arms, did not deem it necessary to
take any step (517, p. 342). Again, in June, the Governor
pressed them to take some measures for the defence of
the Dominion, recommending amongst other things the
necessity of establishing good communications with the
Northern Governments, and a post to Philadelphia (501,
502), but they contented themselves with expressing the
country's loyalty in an Address to Queen Anne (552, 645,
cf. 793, xxix. ff.}. In August, when the news of the
declaration of war was known, they still replied in answer
to Nicholson's exhortations, that they were satisfied with
the provisions made, and repeated that the best means to
N^amo- r P rotect the country was a naval force (856, 893). This
tection. view was also urged by Col. Quary, whose report upon the
condition and defence of Virginia is mainly an echo of
Nicholson's despatches (209, 210). The Council of Trade
supported this suggestion, and the proposal that a squadron
should be appointed to cruize off that coast each summer
^ ' 242 They also ^^nted that a large quantity of
irms was needed, " which particulars the country ought
to provide at their own charge," but " in consideration
PREFACE. x\\v
of the present conjuncture ' ' they recommended that the arms
needed should be sent to the Governor, who was to distribute
them only if the Assembly chose to pay for them. But in
recognition of the " eminent and extraordinary service "
rendered in the capture of the pirate ship in 1700 (see
Calendar, 1700, p. xi., etc.], they recommend that the cost
incurred in that undertaking, which the Assembly regarded
as a grievance, should be deducted out of the charge for the
arms (252 .i.). A large supply of stores was ordered to be
sent in August, and payment to be made out of the quit-
rents (817). The Council of Trade at the same time drew
attention to the undesirable method adopted by the
Assembly of Virginia in appointing an agent of their
own to present their Address, of 1701, to the Queen, con-
cerning the quota, instead of doing so through their
Governor. Their reasons for excusing themselves from
contributing the quota were held insufficient (497), and a
letter was sent from the Queen, urging the Council and
Assembly to voluntary compliance (579. i.).
Squabble A sharD squabble took place between the Council and
between the
Council and Assembly concerning a present of 10,000/0. of tobacco,
AssenTbiy. which the latter had voted to their Speaker. The Assembly
insisted on their right to reward him. The Governor up-
held their contention against the Council. But the Council
was obstinate. Finally, at the Speaker's instance, the
Assembly withdrew their gift, but without prejudice to
their privilege (921).
The French More French refugees arrived and settled at Manikin
Town (528), and a cargo of goods sent by the English
Church was disposed of for their use. Magistrates were
appointed to deal with the differences that arose amongst
them (192). Exception was taken to their calling them-
selves "the French Colony," as though they were under
a distinct Government. They were directed to use the
English tongue in their petitions to the Governor, and
conformity with the liturgy of the Church of England
was insisted on (p. 472, No. 855). The settling of
xxx vi PREFACE.
Pamunkey Neck and Blackwater Swamp was proceeded
The Capitol, with (895). We are given some details as to the con-
struction of the Capitol. It was now nearing completion, and,
though it was not possible to hold the October Court there,
steps were taken for removing the records of the Dominion
within its precincts (793, 882, 922, 1100). Owing to the
Admiralty lack of SL system of credit for the Admiralty, some difficulty
arose when the captain of the man-of-war attending the
Dominion wished to victual his ship. Previous bills had
not been met by the Victualling Office. The Governor
again advanced the money out of his own pocket, under
protest (635, 1093).
Export of Nicholson reported a fine season and good crops of
tobacco in February (151), and a pretty good crop was
promised in July, in spite of " great and unusual rains "
(793). What this meant may be judged from the return
given (97), which shows that the average export was about
10,000 tons .of tobacco. That of Maryland was about
Maryland. 7,500. Much anxious consideration was given, both in
Virginia and Maryland, to the questions of laying embargoes
and providing the homeward-bound merchantmen with
Convoys, convoys, in order to secure them against the depredations
of the French Fleet and privateers (380). At length, in
July, a combined fleet of 150 sail left the Capes, carrying
the crops of the two Colonies, which represented the value
of nearly 400, OOO/. sterling in dues to the Crown (793).
Loyal Addresses from Maryland greeted the announce-
ment of the French King's recognition of the Pretender,
and of Anne's accession to the throne (246. iii., 666, 667).
It was not till October that the official intimation of the
Declaration of War reached Maryland (1029).
L StmwLh ie When the Assem ly met in March (203), Governor
icnt of Blakiston laid before the Delegates the Law for the
establishment of Religious Worship, which had been
amended in England the previous year, in accordance
with the suggestion of the Assembly to the King. It was
passed in this form (203, 221). The Quakers in England
PREFACE. XXX Vii
again entered their protest against it (874). Blakiston
The QUOU. also submitted to the Assembly H.M. letter [Calendar, 1701,
No. 23] concerning the quota to be contributed to the
general defence (203). They voted 300/. for the building of
the New York forts (out of the 650/. required from them),
declaring that this was all they had or could get (242).
Like the Virginians (Calendar, 1 701 , p. xliii.), they complained
that their neighbours of New York had not used them
fairly in representing the state of affairs, and prayed
his Majesty to exempt them from any further contribution
of this kind, so that they might devote themselves to the
defence of their own Province and the manufacture of tobacco
(242). Their own state of defence, they said, was very
good (203). But with reference to funds for defence, it
was asserted by some delegates that the lid. per tun duty,
" being of great emolument," paid to Lord Baltimore,
was intended and given as Fort duties, for purposes of
defence, but had, by some sinister means, been converted
into Port duties, and so misapplied (203).
Retirement In March Blakiston announced that the state of his
of Governor
Blakiston. health compelled him to retire. He received the thanks
of the Delegates for his " discreet management of affairs,"
and was asked to act as agent for Maryland in England
(221, 222, 242). He left the country with "the Church
well established and the people happy in peace and friend-
Horse-racmg ship " (672). An Act was passed to prevent the encourage-
prohibitedon
Saturdays, ment of vice caused by horse-racing on Saturdays (221,
222, 242, 243).
colonial No further steps were taken this year in dealing
Currency.
with the urgent case of the Colonial currency. But,
whilst Massachusetts resorted, as we have seen, to a
paper issue, Maryland suffered from so great a scarcity
of coin, that " the best in the Province are sometimes
put to a strait to procure money for their travelling
pocket expenses " (p. 163, cf. 1207). Capt. Bennett
(388) gives a comparative list of prices current in the
Plantations.
xxxviii PREFACE.
Carolina. The records of Carolina continue to be provokingly
scanty. John Granville succeeded the Earl of Bath
as fifth Palatinate (24). The Proprietors, in spite
of an Address from the Representatives (136) imploring
a grant of arms and ammunition, as usual did nothing,
except appoint Sir Nathaniel Johnson Governor. The
Council of Trade saw to it that good security was taken
on his behalf (614, 615). Meantime, according to
Col. Quary's account, the country was in anarchy and
Admiralty confusion (ft. 175). The Advocate of the Admiralty gave his
Act.
opinion that the obnoxious Act of 1701 (see Calendar, 1701,
p. xlvii.) "for the better regulating of proceedings in the
Admiralty Court," was calculated to be very prejudicial
to the judges and officers of that Court, and therefore likely
to lead to the encouragement of unlawful trade (79, 88).
It had, in fact, in combination with other encouraging
circumstances, resulted, according to Col. Quary, in the
carrying on of that trade " to the greatest degree
Act pcnaiis- imaginable " (260). Other complaints came to hand of
ing English
ships, another Act, which penalised English bottoms 3/. a tun,
or half the freight on skins or furs exported from that
Province (122). Nicholas Trott, who had been suspended
from the offices of Attorney-General and Naval Officer in
connection with the Cole and Bean case, gives his account
of the matter (308-315). As the only remedy for these
manifold evils of administration, Col. Quary proposes that
Carolina, like the other Proprietary Governments, should
be resumed to the Crown ; that the Governor should be
instructed to treat the Indians with justice and tenderness,
and to regulate the trade with them ; and that every
effort should be made to settle Port Royal; "the
inhabitants are now sensible of their mistake in not settling
there at first " (p. 175).
E I?afni i t 0n In October Governor Moore was able to report the
ugus- partial success of the rash expedition against the Spanish
town of St. Augustine, which had been prepared in the
previous year (Calendar, 1701, No. 719). On Oct. 27, the
PREFACE.
fleet sailed up the river of St. Augustine. An approach was
made by land and water. The town was taken. But
the castle proved stronger than had been expected. The
raiders reported that they were confident of starving the
garrison to a surrender, or of reducing them by a bom-
bardment with guns they had requisitioned from Jamaica
(1193.i.). But even if they should take it, they would
not be able to hold it without help in the shape of an
English garrison (1193).
xhe Governor and Company of the Adventurers trading
into Hudson's Bay" again drew attention to the hard
case in which the Treaty of Ryswick had placed them.
They were reduced so low, that unless steps were taken
to drive out the French, they would shortly lose all their
trade. They proposed that an expedition should be sent
for this end (40). Their own losses had been so great,
however, that they declared that they could scarcely
afford to carry on the trade there, much less to contribute
to the cost of such an expedition (42).
The council In the new Commission of the Council of Trade and
Plantations, Robert Cecil took the place of Abraham Hill
(27). The Bishop of London was also made a member
of the Board and interposed to procure the repeal of an Act
of New York which affected the provision made for
Ministers, and an Act of the I^eeward Islands which inter-
fered with his jurisdiction (590, 593, 599). The Board
passed another strenuous year, as the size of this volume
in part indicates. The clerks of the Office were now
2J years in arrears with their salaries, and, as the reward of
work well done, were reduced " to great necessity" (711).
II.
THE WEST INDIES.
Pr p^j la | or Rapidity and certainty of communication is the most
Wcst c indie h s enecessarv concu tion of successful empire, as the Romans
fully recognised. But they did not have to deal with the
PREFACE.
Atlantic. Many indications have been given in these
volumes of the immense inconvenience, and the serious
disadvantages of the slow and irregular means of com-
munication available. In cases of the most extreme
importance, special sloops could be dispatched (414).
Even then, packets were sometimes long delayed in trans-
mission. It might be many months ere a ship happened to
sail from Barbados to the Bahamas, or a post be sent from
Virginia to Maryland. News of the war did not reach
Maryland till October or Benbow till July ; tidings of the
demise of the Crown did not come, officially, to Bermuda till
September ; similar delay led, in Jamaica, to a peculiar crisis
(811, 879, 912). Governors, like Nicholson of Virginia, or
Bellomont in New York, were left for many months without
instructions upon important points with which they had
to deal before the Assemblies. letters are occasionally
endorsed as " Received " more than a year after they
had been written, much to the inconvenience of the Editor.
In these circumstances, the proposal of Mr. Dummer to
establish a " monthly intelligence " to the West Indies,
although somewhat visionary in its details, was wisely
welcomed and usefully criticised by the Council of Trade
(626, 639, 854). Towards the end of the year, we find
one of Mr. Dummer's packet-boats sailing from Portsmouth
for Barbados (1133).
Jamaica. Brigadier Selwyn was appointed to succeed Sir William
Beeston as Governor of Jamaica (66, 94.i.). The latter,
ln an interview with the Council of Trade, gave his opinion
that the Assembly could not be induced to do more than
settle the revenue year by year (854). The new Governor
was again urged to persuade them to settle it, as had been
done in the Duke of Albemarle's time, under threat that
otherwise the Act then passed would at length be ratified
(454, cf. Calendar, 1700, Feb. 4). Selwyn arrived in Jamaica
on Jan. 21, to find "everything in disorder" (99). The
island had now been under martial law for seven months.
He set to work to pass measures for defence, and to restore
PREFACE. xli
civil justice, and summoned a new Assembly to meet on
March 17. He found the people " very capricious, jealous
and difficult to manage." But he took pains to reconcile
the animosities of the Council and Assembly, and was so
far successful with the Assembly that they passed Acts
for quartering the soldiers and raising the additional duty,
which had been allowed to lapse in the last stormy session.
The island was sickly. Disease, as the letters of Benbow
and Beeston show (333, etc.\ struck down new-comers with
fearful frequency, though the "old Standers " became
acclimatised and immune. The letter in which Governor
Selwyn announces his success with the Assembly is cut
short in dramatic fashion. He laid down his pen in the
middle of a sentence, to die of the " bleeding fever," the
ravages of which he had just been describing (267, 267 .i.).
On tos death, Peter Beckford took up the reins of Govern-
" ment M Lieutenant-Governor (323, 378, />. 181). The
Assembly was dissolved upon the news of the death of the
King, and the Acts for quartering the soldiers and for
the additional duty expired (523). The new Assembly
met on August 6 in order to pass the necessary money
Bills. But the six months, for which, by the Act of 7 and
8 William III, all powers granted by the King were con-
firmed after his death, had nearly expired, and no letters had
arrived from England with new commissions from the
Queen (790). At the last moment the question was raised
as to whether those six months should be reckoned as
calendar or lunar. Nobody knew. The Chief Justice
developed scruples. If lunar, there were but few days
left before the Government must come to a standstill.
The Council and Assembly agreed to work night and day
in order to get the money Bills passed (811, 818, 846).
The Assembly took advantage of this situation to insert
in the Levy Bill a clause taxing councillors for their office.
This provision naturally gave great offence to the Council.
But the sands were running out. They were obliged
to give their assent, under protest (879), and obliged to
PREFACE.
pass a clause which gave to the Assembly, through their
commissioners, complete control of the disposal of the
funds so granted, without order of Governor in Council
(912).
campaign An Act was also passed for a campaign against the
a fia?^ii. e rebel negroes. These had so largely increased in numbers,
and become so bold, as to attack the Windward settle-
ments, and threaten their existence (912). In the
mountains to the north-east of the island they could
boast a town with 100 acres of plantation. The parties
sent out against them now fought a pitched battle with
their main body of 300 men, and burned their settlements
(978).
Eari of Peter- j n September a Commission arrived for Col. Brewer
borough
appointed to be Lieutenant-Governor. But he was already dead.
Governor. .
Beckford therefore continued in office, at the instance of
the Council, though he was himself secretly of opinion
that they had not " at present any power of government
at all" (978). Presently Col. Handasyde, who held the
command of a regiment in Jamaica, and could boast long
and faithful service in the Army, was appointed to succeed
Brewer (636, 997). And at length the governorship was
awarded to an interesting personage, the Earl of
Peterborough (1 169). He was also nominated " Admiral of
the ships of war employed on that station." Peterborough,
however, did not take up his governorship. His appoint-
ment was in connection with the command of a proposed
attack upon the Spanish settlements in the West Indies,
which he refused to undertake when he found that
the force to be placed at his disposal was not what he
considered sufficient. It was recommended by the Council
of Trade that the Governor's salary should be made up
to 2,000/. out of the revenue and fixed at that, in order
that Governors "might no longer be obliged to the
Assemblies" (.246).
Details of th e exports of Jamaica in the preceding years
are given (97). When the war was expected to break out
PREFACE. xliii
a law was passed prohibiting the export of stores of war
or provisions, in order to embarras the French and
Spaniards (404).
Some resentment was therefore naturally ielt when it
became known that the Dutch at Curacoa were as busy
at their trade with the Spaniards as if war had not been
declared (743). Benbow, as we have seen, made Jamaica
his headquarters, and it was here that his cowardly captains
were court-martialled, and here that he died and was
buried (1191) in Kingston Parish Church. His tombstone,
with its curiously inaccurate inscription, survived the
disastrous earthquake of 1907 , and is still in situ. The fleet
suffered heavy losses from sickness, but Benbow complains
that the Government would do nothing to make those losses
good, "though 'tis in their power, and they at the same time
believe nothing but our shipping can protect them." " But,"
he adds with characterisitc determination, " necessity has
no law; whilst I live I will doe my endeavour that the
King's ships shall be in the best condition our circum-
stances will admit of " (333). " We can hardly get fresh
provisions to support our sick," he complains later (p. 368).
The Government was wholly in the hands of the planters,
and the planters were wholly concerned with getting rich,
regarding the ships and soldiers as a great burthen, and
wishing that they had never come into those parts.
Governor Selwyn, on the other hand, took exception to
the powers conferred upon Benbow. The right to press
Cwith the permission of the Governor so far as his jurisdiction
extended) both land-men and seamen was, he represented,
the " greatest grievance imaginable in this country, which
is almost undone for want of white men," and would
" absolutely ruin the whole business of privateers settling
here"; whilst the distinction in the colours of ships
commissioned by the Governor would interfere with the
independence of the privateers (631, cf. p. 48).
privateers. Upon the declaration of war, however, there was a
rush for commissions for privateers (743).
PREFACE-
Expedition Strong in the tradition of the buccaneers, the Jamaicans
" fitted out an expedition to repeat the achievement of Morgan,
and sack Panama. Nine privateers sailed for the Gulf of
Darien. The design to surprise Porto Bello miscarried
owing to the carelessness, it was said, of the captain of
H.M.S. Gloucester, who allowed the Spaniards to get wind
of the declaration of war (811). Leaving their sloops
upon the coast, and taking the risk that Ducasse might
send a man-of-war to destroy them, a force of 530 men
marched inland. They were joined by 800 natives, and seized
Sta. Maria and the rich mines of the Golden Mountain,
and advanced upon Panama, "in which lies an immense
treasure " (790, 1056, 1062).
The neighbourhood of Hispaniola was the chief source
of apprehension to the Jamaicans. Whilst the French
had long been busy peopling that island, the efforts of
the English to encourage settlers in Jamaica had not been
equally successful. " We must either put ourselves in
the capacity of ruining the French, who daily increase on
Hispaniola," says Beckford (p. 672), " or else this Island
must expect to meet with the same destiny, whenever it's
left destitute of a fleet." It was, therefore, with indignation
and alarm that they learned that General Codrington
had sent all the French prisoners taken in St. Kitts to
Hispaniola (968 .i., p. 672).
Codrington The numbers of the French and English were nicely
captures the
French part balanced in St. Kitts, but the courage and resource of
of St. Kitts.
Christopher Codrington turned the scale. He had seized
the occasion of proclaiming Queen Anne to make, with
salvoes and feu-de-joies, " three running fires to the very
noses of the French " (570). He was ill with fever at
Antigua when he received the news of the declaration of
war. He wrote hastily protesting his innocence of all
the charges made against him at home, and left at once
for St. Kitts. ' The cause must be decided, and our
people won't go where I don't lead" (457, 457 .iv., 674).
On July 6, he had the satisfaction of being able to
PREFACE.
announce from Basseterre that the Queen's flag was flying
on the French fort, and that M. des Gennes and 1,200
French men, women and children were his prisoners.
11 A tolerable good disposition of my forces and a lucky
stratagem or two made them doe that over-night which
they were very much ashamed of the next morning " (700).
The Articles of Capitulation are given (968 .i.). But party
spirit and local jealousy were rampant in St. Kitts as
elsewhere. On the morrow of his success, Codrington
found his endeavours to put the island in a strong state
of defence " hampered by the unlucky division of the
quarters."
Attack upon Meantime the charges which Mead and Freeman had
Codrington . . ...
by Mead and brought against Codnngton in connection with lawsuits
concerning some Plantations in Nevis and St. Kitts (Calendar,
1701, p. Ivii.), were argued before the Council of Trade
by the representatives of either side (10, 13, 27, 30).
Judgment was suspended until Codrington's statement
of the case should come to hand, and Mead's appeal should
be entered (95, 96, 113, 131, 133). Mead and Freeman
were not content with this, but petitioned the House of
Commons for redress (131, p. 166).
Codrington's Mead died about the same time as Codrington's reply
was received, together with testimonials as to his conduct
in the Freeman case (1065#, 1069). With indignant heat,
he declares that " impalement ought to be their punish-
ment, or his " (369). He shows that he did not sit upon
the Bench, as had been alleged a course against which
the Council of Trade had already written to warn him,
whatever precedents might be claimed (244). But his
presence in Court on that occasion, and his zealous inter-
ference, though prompted by the highest motives of
promoting justice, had undoubtedly laid him open to the
imputation of interested partisanship.
plantation In the course of his observations upon ' Plantation
lCe " Justice," a pamphlet to which reference was made last year
(Calendar, 1701 , Hi.), it is interesting to note that Codrington
PREFACE.
admits that the author's reflections were generally well
grounded. Many monstrous verdicts, he agrees, were
given, but they arose from ignorance rather than cor-
ruption (294). In Barbados, where there were " so many
gentlemen who have had the advantage of education at
the Universities and Inns of Court," this could easily
be remedied by appointing two Courts composed of such
men. But in the Leeward Islands " we are not yet so
happy. The next generation, I hope, will be more
accomplished" (294).
codnngton Unfortunately, Codrington's sensitive nature was
ap Le'Ive! r exasperated by the attacks which were being made upon
him by Mead and his friends. His high sense of honour
impelled him to apply for leave to return home and defend
himself, or to resign. He was disgusted at the idea of
remaining "to be the greatest drudge that ever was in
the publick service and spend 1,500/. a year out of my
own estate, to meet with such returns (457, 458.) .
If an English gentleman is to be perjured, clamoured and
voted out of his reputation without being allowed a hearing,
a Frenchman or even a Turc has no reason to envy an
Englishman " (1034). The Council of Trade wrote a
pacifying letter, refusing to entertain the idea of his retire-
ment, when there was so great occasion of his courage
and conduct in the defence of the islands (944).
Laws Several Acts of the Leeward Islands were repealed this
repealed.
year (590), including an Act of St. Kitts, 1701, " for settling
and strengthening the Island," which the Attorney-General
reported to be unreasonable and unjust (646).
colonel In Nevis, Col. Elrington, the Lieut. -Governor, was run
Klnngton , 111-,
killed in a through the body and killed in a fracas with one
Capt. Chambers, when the Governor " was striking at
him with his little cane." This method of argument, as
we have seen, was not unusual with H.M. Governors, and
even Codrington threatens to settle his differences with
Mr. Carpenter by " a brace of balls " (457, 457.ii.). The
Council of Trade took the opportunity of pointing out
PREFACE.
that Governors ought not to vindicate their honour by
such acts of violence as were too frequently practised by
others (944). And in connection with the murder of
Antigua. Major Martin of Antigua, and Codrington's observations
thereon (Calendar, 1701 t p. Iviii.), they directed him to press
for a law for restraining inhuman severity, " not only
towards Christian servants, but slaves " (244).
The ex P orts of $t. Kitts are given (lll.i.).
"These Governments must be put upon another foot
before an honest man can serve in one of them," says
Codrington (457), and elsewhere he explains that his
Government is costing him 1,500/. a year. The question
of a settlement of adequate salaries for governors had
recently, as we have seen (Calendar, 1701, p. xii., etc.) been
pressed upon the notice of the Council of Trade by
Bellomont, and Dudley also. They now proposed that
the salary of the Governor of the I^eeward Islands should
be made up to 1,200/. sterl. (instead of 700/.), to be paid
out of the 4J per cent, duty, " since nothing can more
conduce to the safety and welfare of those Islands than
that the Government there be so established that the
Governors may not depend upon the voluntary gifts and
presents of the Assemblies for their maintenance ; but
that a sufficient salary be appointed for their support and
the dignity of the Government without any other
dependence than upon your Majesty." They also proposed
that the Lieutenant-Governors of St. Kitts, Antigua,
Nevis and Montserat should be paid 200/. a year out of the
same fund, " thereby freeing such Governors from their
obligation to the Assemblies and enabling your Majesty
to send from hence fit persons for those commands, without
being obliged to make use of planters and merchants
inhabiting there, whose business and private interest may
too easily divert them from the due care necessary to the
discharge of that trust." In this case, they should be
forbidden to receive in future any present from the
Assemblies, with the exception of a Governor's House.
PREFACE.
Thus relieved, the Assemblies would be able to apply
the money saved towards the expenses of defence. The
duty of 4J per cent., however, in the Leeward Islands
did not exceed 3,000/. per annum, a sum insufficient to
defray these and other necessary expenses. It was, there-
fore, left to H.M. Royal consideration "by what other
means and ways of supply the safety of those Islands,
which are of so great importance, may be further provided
for" (349).
the 4i per The whole question of the application of the 4J per cent.
the 7 duty had been raised by the Barbadians in a petition of
the Council and Assembly, which stated that the island
was impoverished by the sugar duties imposed by James II,
islands. by hef efforts in the last wafj and by the 4 J per cent. They
begged for a grant of guns and ammunition (60). Their
prayer was granted, and it was ordered, upon an Address
of the House of Commons, " that the 4J per cent, duty in
Barbados and the Leeward Islands, subject to the annuity
payable to the heirs of the Earl of Kinnoule, should be
applied to the repairing and erecting of fortifications
there" (285, 286.i., 296, 394). But, since the sum thus
arising would not provide fully for the necessary measures
of defence, the Governors of Barbados and the Leeward
Islands were particularly instructed to persuade the
Assemblies to continue the public levies formerly raised
(5 14 3 515.i., 556, 557). A further order was issued for
spending the balance of the 4J per cent, accumulated up
to date upon the stores of war required, and engineers
and gunners for Barbados and the Leeward Islands. And
it was promised that any surplus in the future would be
applied'" as to Her Majesty should seem most requisite "
upon the representations of the Governor and Council
of the Caribbee Islands (381, 815).
Meantime those interested in the island at home, as
well as the President . and Council of Barbados (819),
alarmed by the neighbourhood of the French fleet at
Martinique and their rumoured preparations for an attack,
PREFACE.
petitioned for the establishment of some regular troops
there, and, as had been urged and recommended before
(see Calendar, 1699, etc.\ for an increase in the Naval force
attending Barbados. Otherwise, it was feared, the French
privateers would paralyse trade, and cut off the provision
ships, upon which the inhabitants depended, more especially
at this time, when two years of drought had occasioned
great distress (814.i.). Their application received the
support of the Council of Trade (885). The resulting Order
in Council, however, merely suggested that, if desired,
part of the 4J per cent, might be used for maintaining
some soldiers in the island (896-898). The petitioners,
however, explained that their proposal was not intended
as an alternative, and desired that the balance of the
4J per cent, should be expended on ordnance, gunners
and stores of war (1024). The question of providing
further frigates was referred to the Admiralty. It was
decided to add a fourth-rate frigate, it being pointed out
that Benbow's squadron was in part a protection (1000).
By that time, the island was beset by privateers from
Martinique etc., who did much damage to English shipping
(1136-1138).
Proposals for The 4j per cent, duty in Barbados was calculated to
settling the
Governor's yield 10,000/. a year. In pursuance of the policy already
indicated in our survey of the other Governments, the
Council of Trade recommended, " for the good of the
Island, the interest of England in reference to trade, and
the administration of Justice," that 800/. should be
added to the Governor's salary out of that fund, making
it up to 2,000/. a year, and thus rendering him independent
of presents from the Assembly, which he should henceforth
not be allowed to receive. The money so saved to the
Colonists, they might lay out upon hospitals for the soldiers
and sailors (348, 349).
Alarm of a The alarm of a negro insurrection, and the discovery
. of a plot to burn Bridgetown, made by a fish-wife (28),
led to various precautionary measures being taken (29),
4
1 PREFACE.
and lent force to the appeal of the President and Council
for the help of a regiment of foot, " whenever a war shall
happen" (8,9).
Ai*rm of When intelligence was received of Chateaurenault's
iTion. design to attack the island, .the Assembly was hastily
summoned, and measures for defence were passed (101-103,
124, 144, 145). Steps had already been taken to clear
the trenches, purchase arms, repair the fortifications,
(most of which, according to Lord Grey, were badly in need
of it (53),) to exercise the Militia, and to appoint watche s
in the towns (53).
^owe* Mitford Crowe was appointed to succeed Lord Grey in
appointed January (33). His Instructions were similar to those
Governor.
formerly given to Grey, except for alterations since intro-
duced in the case of all Governors, or specially directed
to him subsequently (171). Thus, in connection with
the complaints that had been made as to the administra-
tion of justice, it was ordered that the Governor should
be admonished to a constant care that justice be
administered on all occasions (15). Those complaints,
however, were not silenced. Isaac Hawkins, alleging
that there was still delay in the case of Barbara Newton
plantation (3.i.)> repeated his criticisms of Barbados justice, as
administered by interested and ignorant planters, mer-
chants and inhabitants, instead of by qualified judges (50).
It was therefore decided to insert in the Instructions of
the new Governor directions urging him in the most
pressing manner to see to the reformation of all
irregularities in the Courts, and the speedy administration
of justice (62, 92, cf. 863 .i.). Mr. Hodges, who, I have
suggested,* was the author of the pamphlet on " Plantation
Justice" (Calendar, 1701, p. liii.), carried his grievances to
the House of Commons, complaining that the Council of
Trade had "covered the truth from his Majesty" (153,
155, 155.ii.). The House of Commons dismissed his petition
as "vexatious and scandalous" (422). But, if he had
* Athenaeum, Dec. 31, 1910.
PREPACK. H
not made good his charges of maladministration against
Lord Grey and the Council of Trade, his main contention
as to the delay of justice, etc., seems to be borne out by
the evidence adduced, by Codrington's comments quoted
above, and by a report by Mr. Larkin, in which he observes,
1 I don't at all admire that your Lordships are dayly
harassed with complaints touching the irregular administra-
sion of affairs in the Plantations, since Patent Offices are
so frequently disposed of to persons wholly unacquainted
with business, and officiated by Deputys' Deputys' Deputys,
some of which are scarce capable of writing six words of
sense " (458). He quotes, as an instance, a boy of fourteen
deputed to act as Secretary of the Leeward Islands and
Clerk of the Council (p. 306).
There was a further demand for an alteration in the
instructions regarding appeals. It was proposed, upon
the petition of several merchants and planters, that the
right of appeal should not be limited to any sum as hitherto,
and that the appeal should no longer have to be entered
within 14 days of the judgment, but within six months
(739, 739.i.-iii.). The pros and cons of the matter were
discussed before the Council of Trade. It appeared that,
in practice, the limitation of appeals to the Supreme Court
of Barbados to cases in which the value of 300/. was involved,
was not enforced (1069, 1164, 1175). Upon the whole,
the Board recommended that no alteration should be made
until the general sense of the inhabitants was ascertained,
since the proposals for a change had not come directly
from the island, and those most interested held that a
change would be prejudicial to all concerned. Enquiries
were therefore ordered to be made of the Governor and
Council (1194, 1195).
Repeal of the The Act " for the better securing the liberty of H.M.
Habeas
Corpus Act. subjects and preventing long imprisonments, a Habeas
Corpus Act differing considerably from the English law,
was repealed, for reasons set out (298). But special clauses
were inserted in the Instructions of the new Governor with
Hi PREFACE.
a view to securing liberty and property and preventing
long and unreasonable imprisonments (737, 863, 863 .i.).
The new Governor to whom these Instructions were given
sir Beva was now Sir Bevil Granville (510, 863), King William's death
Governor, having apparently occurred at an unlucky moment for
Mitford Crowe, who was, however, destined to succeed
Granville . The latter was a nephew of the late Earl of Bath,
and a soldier with none too good a record, except for fighting.
Besides the directions in connection with the administration
of justice, and the 4 per cent., he was instructed to secure the
passing of laws for the better recovering of debts. The trade
of Barbados was said to be much prejudiced by the inadequacy
of the present machinery for that purpose, and this defect,
unless remedied, threatened to draw " certain ruin upon
the place." Ships were not to be allowed to sail without
convoy, and the right of the English Crown to Tobago,
Sta. Lucia, Dominica and St. Vincent was to be asserted.
The Governor's allowance from the 4J per cent, was fixed
at 200/. sterling only (863.1.).
Tobago. With regard to Tobago, another application was made
this year by Poyntz and Co. for a Charter with Prince George
for Governor. They offered to devote ^jth part of their
profits to "pious purposes" (656).
Export* of Details of the exports of Barbados are given (97).
Barbados. v '
oH^n 011 News of the death of Kin S William reached Barbados
by the end of April (386). Anne was proclaimed on
May 18, and an Address to H.M. signed, in which the
loyal Barbadians offered to spend the last drop of their
blood and the last penny of their fortunes in defence of
H.M. right (499). On news of the war (654), commissions
WCre issued for P ri vateers, and a new Assembly was sum-
moned (681). They expressed doubts as to the legality
of the writs (757), and another election had to take place
before further measures for providing for privateers and
fortifications, and dealing with the prisoners who might
be brought in (916, 917), were passed. They were soon
at loggerheads with the Council. They frequently met
PREFACE. Hi!
and adjourned, owing to lack of a quorum, and showed
scant courtesy to the Council in doing so (123, 284, 1189
etc.'). There was a dispute as to the appointment of a
commander of a flag of truce to be sent to Martinique.
They found a difficulty in raising money to equip a vessel
of war for the public service by an Act, although members
showed their zeal by makifig private subscriptions ; and
they wished to stop the issuing of commissions to privateers
until the public service was provided with sailors. The
President and Council resented the apparent claim of
the Assembly to dictate as to the details of the equipment
and provision for the vessels of war, and they took offence
at what they considered some " very unsuitable and
undecent expressions " addressed to them by the Speaker
in laying the views of the Assembly before them, and
requested that the Speaker should in future convey the
messages of the Assembly in writing. The Assembly,
however, upheld the action of their Speaker ; he had done
nothing contrary to the sense of the House, and they
refused to depart from their traditional practice (946, 973).
The absence of a Governor does not seem to have brought
about the millenium here any more than at New York.
The arbitrary behaviour of the captain of the man-of-war
in attendance caused some trouble and nearly cost
Mr. Larkin his life (335).
How the < l uestion of the eligibility of Scotsmen to hold
offices in the Plantations under the Act of 7 & 8 William III
was raised, and the decision furthered by a confederacy
in which residents in the Colonies took their part, is shown
by the correspondence of Mr. Mein, a Member of the Council
of Barbados, where the leading case of Alexander Skene
had arisen (211, 212).
The In the last volume of this Calendar we witnessed the
Governor little Revolution in the Bahamas, which ended in the
Governor being shipped off (Calendar, 1701, />.
In May, Capt. Haskett arrived in England and, waiting
upon the Council of Trade, promised to vindicate himself
from the charges laid at his door (469). His accusers
liv PREFACE.
tax him with arbitrary and unscrupulous exactions enforced
with uncontrolled violence of behaviour (78, 100, 120, 307,
307.i., 547). Haskett's delay in stating his defence led
the Council of Trade to make a report to the Queen without
hearing him. They point out that their efforts to compel
the Proprietors to give security for his good behaviour
when he was appointed (Calendar, 1700), would probably, if
successful, have prevented these mischiefs. The islands
were now without Governor or defence, and the Proprietors
were ordered to remedy this state of things. They
appointed Edward Birch to the Government, with
instructions to enquire into the case of Capt. Haskett (604,
613, 623). Haskett then at length submitted his defence
(702, 703), which was presently supported by the evidence
of Mr. Doggett, the Secretary of New Providence (877).
He explained that, his papers having been seized, he
could adduce no proof of his assertions (703). He repeated
the uncomplimentary description of the inhabitants which
he gave in his former despatches (Calendar, 1701 ,p. Iviii.), and
in later papers gave details of their mode of living by
illegal trade, plunder and trafficking with pirates (720,
746, cf. 604).
He urged the resumption of the Government to the
Crown, declaring that all the Proprietors were ready to
surrender their right of government, except Mr. Granville
(748). There seems too good reason to accept his
description of the inhabitants. But the charges brought
against him can hardly be altogether imaginary, or
inspired, as he declared, by his firm repression of illegal
trade. He was a choleric and violent ex-sea-captain,
and, as it appears subsequently, (951, 952), an absconding
debtor from London. The salary and perquisites of the
Governor amounted to no more than 150/. per annum (678).
It was but too likely that, in these circumstances, he should
endeavour to line his pockets by arbitrary exactions and
by endeavouring to engross the small trade of the islands
on his own account. The details of the reprehensible
PREFACE.
IV
Bahamas,
conduct with which he is charged are sufficiently enter-
taining, and throw a lurid light upon the manners and
customs of such a settlement and such a Governor. Owing
to the lack of evidence, which rendered it impossible to
decide on the matters of fact, the Proprietors were ordered
to issue a Commission of Enquiry to do him justice, besides
providing for the defence of the islands and the proper
administration of justice (891, 903, 904). Haskett, how-
ever, petitioned to have his case examined and reported
on by the Proprietors forthwith, and this request was
granted (1001).
In the H S ht of these documents, Col. Quary's report
upon the Bahamas seems justified, insisting as it does
upon the importance of those islands and their commercial
possibilities, but remarking that hitherto, by the corruption,
rapine and extortion of their Governors, they have only
harboured pirates and encouraged all manner of illegal
trade. The people, he represents, are oppressed by the
barbarous usage of their Governors or forced off the Island
of Providence (260). They themselves assert that the
reputation of their avaricious Governors had put a com-
plete stop to immigration (/>. 205).
The General Assembly of Bermuda thought it would be
a good plan if the Government of the Bahamas were united
with their own (25 .vi.). They had had some experience
of Capt. Haskett's methods in the case of a Bermudian
sloop, which he seized for raking salt three years previously
in Turks Islands (which were claimed by the Lords
Proprietors of the Bahamas), and resented them accordingly
(25.iv., vi.). But their own house was not altogether
in order.
Mr. Larkin's " The Governors being generally indigent and necessitous,
mind their own advantage more than their master's
interest, and for the usual present of 350/. forget their
duty. Mr. Bennet is as arbitrary as the Grand Turk . .
and as much a Bermudian as if he had been born here.
If the Governors of Bermuda are permitted to use gentlemen
Bermuda.
PREFACE.
sent here by the Crown after such a manner, I don't
know any person that will adventure here for the future "
(pp. 662#). Such was the view of the Government of
Bermuda taken by Mr. parkin, when he found himself
in the same plight under Governor Bennet as that in
which Mr. Randolph had been under Governor Day, and
was as ready as he had been to dub Bermuda " the New
Algier or the Unfortunate Island " (1042). His reasons
were very similar. His zeal and self-importance as an
official armed with a vague roving Commission of superiority
(929), combined with indiscreet championship of the victims
of some seriously irregular proceedings on the part of the
Governor and Council, brought him into conflict with the
interests of those who were already sufficiently restive
at the presence of a " chiel amang 'em taking notes." He
was committed to gaol. " For here it is as it ever was,
' sic volo, sic jubeo . . .' ' (1042). And he suggests
another reason. " The Bermudians have a mighty anti-
pathy to any gentleman commissionated under the Great
Seal. . . . Never any Governor that come here since
the Charter Government, or gentleman was sent by the
Crown, but was imprisoned before his departure" (1132).
He describes it as " one of the distractedest little Govern-
ments that I yet came into," and attributes the blame
chiefly to the three Members of Council who had opposed
Day (p. 538). Indeed, he takes the side of Day, though
he admits his former irregularities, and of Jones, the
Secretary, whom Governor Bennet had suspended (25,
866, 872). The former (389. iii.) was found guilty of pub-
lishing the libel referred to in Calendar, 1701, p. Ixi. ; the
latter was convicted on several serious charges (25, 195).
L/arkin calls attention to some irregular commissions
issued to privateers, " I am very well assured they have
been of ill- consequence " (p. 538). He questions the
wisdom of Bennet 's intention of disciplining the negroes,
mulattoes, and Indians (25 .i.). There was much illegal trade ;
the people were numerous, idle and unprincipled ; Justice was
PREFAv
indifferently administered. " I would not try a cockroach
by a Bermuda jury" p. 541). The Governor is damned
with faint praise. "If a Governor of Bermuda cannot
dispense with his oath, which he takes for the preservation
of the Acts of Trade, and break 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 "
(p. 539). The Council of Trade called Bennet to account
upon the points raised by Larkin rilSO.i.). His own
reports upon the difference with Larkin, and the reasons
for his imprisonments, naturally differ from those of that
officer (929, 939, 1075, 1094, 1109).
Queen Anne It was not till Sept. 3 that Anne was proclaimed Queen
proclaimed. -> , , , *
m Bermuda, and the proclamation of war was issued some
weeks later (929, 934, 1002). An Act was passed forbidding
the export of provisions (125). The guns which arrived
Defence, from the Tower were placed in position on the fortifications
and in the trenches (25, 388).
Excise Act. An Excise Act granting double duties was passed in
place of the former Act which had been under dispute
(P. 273).
The Laws of A question which, as we have seen in former volumes,
England. . .
was at this time frequently raised in the Plantations,
was again raised in Bermuda. Were the laws of England
in force here ? The Attorney-General of Bermuda declared
that they were not, unless enacted by the Assembly in
Bermuda (388, p. 664).
Population. The island was reported to be very populous, and to
contain no less than 6,000 inhabitants (p. 540).
Newfound- The Commodore's report of the previous year as to the
in-egSarities irregularities of the Newfoundland trade and fishery,
andFisle*!?? ^ to the new Commodore being instructed to consider
remedies for such mischiefs, " in order to the preparing
of such clauses to be proposed at the next Sessions of
Parliament as may be requisite for the more effectual
regulating that Trade." He was also directed to enquire
Iviii PREFACE.
into the complaints received as to the embezzlement of
the pay, provisions and the general behaviour of the
soldiers stationed at St. John's (207, 376. i.). And the
Council of Trade recommended the removal of Capt. Powell
and his lieutenant, whose baiting of the minister at St. John's
was recorded in the last volume (207).
Remedies The Commodore's report was therefore less perfunctory
than in most preceding years, and still less complimentary
to the inhabitants, whom he describes as lazy and debauched
and exploited by the New England traders (1154.i.).
Whereupon, in their report to the House of Lords, the
Council of Trade proposed that further powers should be
given to the commanders of men-of-war there by a clause
in an Act of Parliament (1202.1.).
Fortification Materials and workmen were ordered to be sent to
of St. John s.
complete the fortifications in St. John's Harbour (254^.),
and the sailors on H.M. ships were commanded to assist
at the work (179). The chain for a boom to guard the
harbour was, however, still useless for want of masts to
float it (73). The Board of Ordnance suggested that the
Navy Board, to whom it belonged, should provide for its
fixing ; the Navy Board said that the Ordnance Office
ought to do it (109). The Ordnance Office said they
wouldn't and couldn't (193, 371). The ships were about
to sail, and it was only upon the pressing representations
of the Council of Trade that the lyord High Admiral broke
through the bondage of red tape and agreed to order the
fixing of the boom (377, 415, 425, 426). St. John's being
thus provided for, a movement was set on foot for fortifying
Trinity Harbour (529), whilst the Council of Trade proposed
that the fleet should destroy the French fortifications at
French Chapeau Rouge (559). As if to justify these demands,
Raids. r *ii
came news of a raid by the French from Placentia upon
Syllicone [?] (976). And presently it was reported that
they had plundered all the north side of Trinity Bay (1190).
wretched Enquiries were made into the grievances of the soldiers
in Newfoundland. Their wretched condition
PREFACE.
lix
Surinam.
led to wholesale desertions at this critical period (288,
1154.J., 1181, 1187).
An echo of the English surrender of Surinam is sounded
in the petitions of Jeronimy Clifford (360.i.-iv.). The
Dutch had not fulfilled their obligations under the treaty
of Westminster (1674) with regard to the removal of the pe-
titioner's property . His case was transmitted to the English
Envoy at the Hague, in order that he might lay the matter
before the States General (491, 542, 554).
The risks which the Records of the various Colonies
ran in these early days from careless keeping, are
occasionally indicated (1, 242), as well as the measures
which were taken to preserve them (29, 1071).
siocksterand One curious word occurs in the shape of the phrase
~ Cap ' "slocksteredaway"=pilfered(/>.744). A Pennsylvania jury
decided a case by " hustle-cap " ^shaking a coin in a
hat(272) ' CECIL HEADLAM.
Colonial
K. , -.r.l-
COLONIAL PAPERS.
1702.
1702.
Jan. 1. 1. Mr. Sheafe to the Council of Trade and Plantation*. I am
Newcastle in wholly a stranger, therefore may appear as a raedler in business
Hampshire. or . an insinuator, which may make my pretence suspected, but
being here at present the officer of H.M. Custom*, and of no
partie, I thought it my duty to enauire into and to represent to
your Lordships the true state of this Province, and the rather
because I know those who are qualified to do it better will omit it.
This Province, tho' at present of small consideration, consisting
only of four or five small towns, may yet be esteemed of great
importance for H.M. service, being capable to afford masts and
all Naval Stores as good if not better than any other place, and
also lying convenient for the Fishery. The Fort or Citadel is
much decayed, out of repair and not serviceable, and besides the
considerations before mentioned this Port or Harbour may in
some sense be called the key to the other Governments ; if it
should be possessed by an enemy, it would be difficult for the
Massachusets Province to subsist long. I therefore propose it as
a matter of great importance to erect a strong Fort or Citadel,
which cannot be otherwise done than at H.M. charge. The
expences of this Province have been of late, and yet do continue
to be many, and almost unaccountable, so that there cannot be
expected any quantity of money to be disbursed by the
inhabitants. If they do provide timber, stone and lime sufficient
and bring it to the place, it is the most they will be capable to
perform.
The opposition made here by the inhabitants against Samuel
Allen, Proprietor, hath occasioned very great expence, besides
950/. raised this year, called the Province rate, and more than
600J. for the Town charges and Ministers' maintenance, there
hath been loan money, or subscription for 2.000J. or more, as is
generally affirmed, for defending against Allen's claim. If that
case were determined, this place would soon flourish and the
inhabitants increase, and thereby become greatly serviceable
to H.M. There is great want of powder and ammunition, a
Commander of the Fort and Compa. of soldiers, for this is a
frontier to the Indian enemy and lies exposed. I also humbly
represent it as needful that the Auditor General appointed some
meet person to inspect the accounts of the Treasury, and the
account of powder, and with Instructions proper, and to make
report thereof. I propose it as needful that the Records of this
Province be ordered into the hands of the Secretary, for of late
\Vt. 2500S. H. T. Ltd. 400. C 1
COLONIAL PAPERS.
1702.
years, in opposition to the Proprietor, the Records have been
by Act of Assembly ordered into the hands of diverse persons,
and by often removing or otherwise many are said to be lost ;
the persons in whose hands they have been not having been
qualified, nor upon oath, of which'l have heard many complaints.
The Justices, when they decree any fine for the King, divide the
same among themselves. Diverse do complain for want of a
Court of Chancery. The Commission about Piracy is not yet
published ; the reason given is because as yet there hath been
only a copy of the exemplification produced.
Some unkindnesses have passed publickly between Mr. Atwood,
Judge of the Admiralty, and the Justices of the Superior Court
in Massachusets Province. I am not ignorant of the cost and
charge hath been for Masts and Naval Stores without any
extraordinary advantage to the undertakers, I therefore humbly
represent that a stock of 200 masts, or such numbers the
Admiralty ai:d Commissioners of the Navy shall agree upon, with
proportionable Naval Stores, to be always in readiness when
sent for, and as any are sent home, to be anew supplied, will
conduce much to H.M. service, the advantage of time in getting
them will save H.M. coffers at least one quarter part, besides
their being always ready upon any occasion, and will prevent
the continued trouble of renewed contracts. The Masts may be
keyed down in some convenient place, whereof here are several
such, where they may be preserved for 20 years without any
damage ; there may also, if it be approved of, be a ship of about
500 tons, a sort of Catt, here built for the carrying home of masts
and stores, and when not so employed may carry timber to the
West Indies in any the Plantations. The first disburse for this
will be about 4,OOOJ. ; two persons may be appointed for the
managing thereof, who may also have full instructions to prevent
the cutting down of timber fit for H.M. service. Mr. Bridger,
who I suppose is now in England, hath furnished himself by his
enquiries here to give your Honours satisfaction in this matter.
I have been employed many years in getting masts and stores
by Sir John Shorter & Co. for H.M. service, until Sir John's death,
and have thereby been advantaged to know some thing more then
some other men in those affairs, and if your Lordships relish this
overture, I may offer further proposals. Signed, Sampson Sheafe.
Endorsed, Reed. April , Read May 4, 1702. Copy. The
original was given to Mr. Usher to \a,y before the Lord High
Admiral. 5 pp. [C.O. 5, 862. A 7 o. 93 ; and 5, 910. pp. 202-
208.]
Jan. 1. 2. Order of King in Council. Referring enclosed petition to
Kensington, the Council of Trade and Plantations for their report. Signed,
John Povey. Endorsed, Reed. 6th, Read 7th Jan., 170$. p.
Enclosed,
2. i. Petition of Joseph Jory, Agent for Nevis, to the King.
London. Dec. 30, 1701. Your Majesty's Lt. Gov.,
Council and Assembly of Nevis have sent home 600
match-lock barrels belonging to your Majesty's Forts
AMERICA AND WEST INDIES. 3
1702.
there, and pray that they may be received into the
Tower of London, and that a Hufficient number of
fire-lock arms may be ordered to be delivered forthwith
out of the Tower for a supply of your Majesty's Fort*
there, whose necessities are very great for the want
thereof. Signed, Joseph Jory. Copy, f p. [0.0.
152, 4. No*. 75, 75.i. ; and 153, 7. pp. 331, 332.)
Jan. 1. 3. Order of King in Council. Referring enclosed to the
Kensington. Council of Trade and Plantations for their Report. Signed, John
Povey. Endorsed, Reed. 14th, Read 16th Jan., 1701. I p
Enclosed,
3. i. Petition of Isaac Hawkins to the King. On Dec. 12, 1700,
Petitioner petitioned your Majesty in Council, showing
that Barbara Newton, late of Barbados, Widow, having
a just debt of 5,975/. due to her on bond from some
persons who were of the Council of the said Inland, and
having in vain sought justice for several yearn in the
Courts of Law and Equity there, she was forced at last
to appeal to your Majesty in Council against the several
judgments and decree there wrongfully given against
her, but dyed before the said Ap|xal came to a hearing,
having first made Petitioner one of her executors, who
with the rest of her executors brought the said cause to
a hearing, April 15, 1695, when your Majesty was
graciously pleased to set aside the said judgement and
decree and leave your petitioners and the said executors
at liberty to begin a new suit thereon. Your Petitioner
did further shew that the great hardship wch. Barbara
Newton suffered in that Island proceeded from the
present Constitution of the Courts in that Island, where
twelve persons, who are the Council, are judges of the
Court of Chancery and Court of Errors, and several of
the said persons being interested against her in the said
suit, was the occasion of the great wrong there done to
her, and that several of the said Council being still
interested in the said cause, your Petitioner had not
reason to expect any better success on a new suit than
Barbara Newton had, and that he was likewise
discouraged by the frequent adjournments and long
delays of the Courts in that Island, from whence after
many years new suit he might probably be forced
to bring over the said cause again by Appeal to your
Majesty in Council. Upon which he did ' most
humbly pray that your Majesty would take into your
Royal consideration the great hardship it was to your
Petitioner and many others that the said Courts did
so seldom sit, and to have their causes heard and
detenu in o<l by the major vote of persons who are
frequently interested in the causes that come before
them, and that your Majesty would be praci"
pleased to give such order therein as to your Majesty's
COLONIAL PAPERS
1702.
great wisdom would seem fit. Which petition your
Majesty referred to the Council of Trade and Plantations
for their report thereon, who on Feb. 6, 1700, declared
their opinion that the said petition should be sent to
the Governor for his answer, and that letters should be
also dispatched requiring him to take special care that
no persons interested in the suits depending in any
of the Courts of that Island should be appointed or
permitted to sit as Judges in the causes wherein they
are concerned, and that he should himself constantly
hold the Court of Chancery. Petitioner hath for twelve
months past attended for the Governor's answer, and
for such further and effectual remedy as he did humbly
hope would have been recommended to your Majesty's
gracious consideration by the Council of Trade and
Plantations, and especially concerning the present
constitution of the Court of Chancery and Court of
Errors, which he humbly conceives has been plainly
made appear to them to be inconvenient with your
Majesty's service, and the good of your people who are
interested in the said Island or in the trade thereof,
as } T our Petitioner is ready to make more fully appear,
and likewise that there is not in the said Island any
such ancient or established method of Justice as cannot
be changed when your Majesty shall judge it reasonable,
and that in fact such changes have been frequently and
some of them very lately made in that Island. Petitioner
prays that in compassion to several infants, grand-
children of Barbara Newton (for whom Petitioner is
only intrusted), and for the better administration of
Justice to many other of Your Majesty's subjects, your
Majesty would be graciously pleased to give such further
direction therein as to your Majesty's great wisdom shall
seem fit. Copy. 3 pp. [C.O. 28, 6. Nos. 24.A.,
24.A.i. ; and 29, 7. pp. 454-458.]
Jan. 1. 4. Order of King in Council. Ordered that Mr. Edmund
Jenings be appointed Secretary of Virginia during H.M.'s
pleasure, and that he be obliged to actual residence at Williams-
burg during the time of his being Secretary of H.M.'s sd. Colony.
Mr. Secretary Vernon to prepare a Commission for his Majesty's
Royal signature accordingly. Signed, Edward Southwell.
Endorsed, Reed. 19th, Read Jan. 20, 170$. 1 p. [C.O. 5, 1312.
No. 24 ; and 5, 1360. p. 101.]
Jan. 2. 5. William Popple to Edward Northey, Attorney General.
halL The Lords Commissioners for Trade and Plantations have again
commanded me to desire you to report to them your opinion
in point of Law upon the Acts of Pennsylvania, which I sent
you in my letter of the 29th of October last ; or if you have not
yet considered the same, that you returne them to their Lordships,
tho' without a Report. Only in that case, they desire your and
Jan. 6.
Whitehall.
AMERICA AND WEST INDIES. 5
1702.
Mr. Solliritm- (i.-nl's. an-un- t< th<- two cjiH-tions expressed in
my said letter without delay. \C.O. 6, 1289. p. 318.]
Jan. 2. 6. Journal of Council of Trade and Plantations. Rep re -
Whitehall, sentation, wherewith to lay before H.M. the drafts of a Commission
and Instructions for a Governor for the .Jennies, agreed upon.
Ordered that the Secretary write to Mr. Attorney General for
his report upon the Pennsylvania Acts, as in preceding.
\ letter was writ to the Earl of Carlisle to acquaint him that
as First Commissioner of H.M. Treasury, he is one of the
Commissioners for Trade and Plantations' and that this Board
will accordingly be glad of his assistance whenever his other
affairs permit. [C.O. 391, 14. pp. 266, 267 ; and 391, 96. No. l.J
7. Council of Trade and Plantations to the King. Having
been directed by their Excellencies the Lords Justices, upon a
Representation which we humbly laid before them concerning
the disorders in yr. Majty.'s Provinces of East and West New
Jersey in America, to prepare Draughts of a Commission and
Instructions for a Governour to be sent thither by yr. Majty. and
to consult therein the Proprietors of those Provinces in order to
the surrender of their pretended right to the Government of the
same, We humbly lay before yr. Majty. the Draughts which we
have prepared accordingly with such clauses as we conceive
proper to enable the Governour (for whose name we have left
a blank) to proceed in settling a Government in that Country
conformable (as near as the circumstances of the Inhabitants will
permitt) to the method of Government settled by yr. Majty.'s
respective Commissions in Your other American Plantations, and
withall to prevent the interfering of that Colony with the interest
of those other Plantations. We have also in pursuance of their
Excellencies' Directions communicated the said Draughts to
Sir Thomas Lane and others the principal Proprietors of West
New Jersey and to Mr. William Dockwra, Secretary, and others
the Principal Proprietors of East New Jersey, in behalf of them-
selves and the rest of the Proprietors of both those Divisions,
which Draughts they have unanimously approved, And in
confidence that yr. Majty. will be graciously pleased accordingly
to constitute a Governour over those Countries, they have
declared themselves willing and ready to surrender all their
Right or Pretence of Right to Government which they have
hitherto claimed. Whereupon we humbly represent to yr.
Majty. that the reducing those Colonies to an orderly form of
Government under a Governour constituted by yr. Majty.'s
immediate Commission, will be of great service to yi. Majty. in
preventing illegal Trade and the harbouring of Pirates and will
be of good influence throughout the other Plantations. And we
humbly offer that Mr. Attorney General be directed forthwith
to prepare a Form of a Surrender of their said Right or Pretence
of Right to Government, which may be most effectual to the
extinguishing their Pretentions ; and present the same to yr.
Majesty. And whereas they have desired that the first Governour
COLONIAL PAPERS.
1702.
to be thus appointed by yr. Majesty may be a person fitly
qualified for that service, but cannot agree in the recommendation
of any particular Person, We humbly propose that when the
surrender shall be made, yr. Majesty would be pleased to
nominate some person wholly unconcerned in the factions which
have divided the inhabitants of those parts. Signed, Stamford,
Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Abr. Hill,
Mat. Prior. [C.O. 5, 1289. pp. 319-321.]
Jan. 6. 8. President and Council of Barbados to the Council of Trade
Council and Plantations. Since his Excellency the Lord Grey's departure
from nence > there hath occurred a matter of importance, which
we humbly think to be our duty to lay before your Lordships for
his Majesty's service. When Admiral Bembow was with H.M.'s
squadron of shipps at sea, to the North East of this Island in the
month of October last, he came up with a pink called the Hermin
of Nantes, John Dossett Master, bound as we have been informed
from France to Martinique, laden with French merchandize,
which he caused to be brought into the cheif Rhoad of this island
by Captain Richard Kirkby, Commander of H.M.S. Ruby.
H.E. Lord Grey was applyed unto (after Admiral Benbow was
gone hence) by the said French Master and one Monsr. Horry,
the Merchant of the said pink, to be dismist and suffered to go
about his business, upon which Captain Kirby being here was
ordered to attend his Lordship in Councill to show cause why
the said French Master and Merchant's desire should not be
granted, and upon hearing the allegations on both sides urged,
it was the opinion of his Lordship and the Board, that the said
pink ought to be dismist, as belonging to the subjects of his most
Christian Majesty, and his Lordship then asked them if they had
suffered any unkind treatment or injury, who declared both of
them, that they and their ship's company had been very civilly
used by Captain Kirby and his officers and seamen and that
only one hhd. of ordinary dry goods had been open'd, and about
the one half thereof taken out, which they then charged upon the
English seamen, who charged the same back again upon the French
carpenter, as done by him ; upon this the French were told by
his Excellency, that the matter should be further enquired into,
if they desired it, but both the French Master and Merchant
declared at this Board that the goods wanting were of so small
a value, that they thought it not worth their looking further after ;
and thus it stood when his Excellency went hence on the
20th November last. On which day the" Frenchman also sailed
in prosecution of her intended voyage to Martineque. But now
the French have started new demands and have charged the
stopping of the pink by Admiral Benbow as an infraction of the
Peace at Riswick, and require about three hundred pounds sterling
for reparation of damages ; all which your Lordships will perceive
by a true coppy of a letter from Monsieur D'Guitand, the French
nerall at Martineque, lately sent hither by a French sloop by
the hands of the said Mons. Horry, whereunto we humbly crave
leave to referr your Lordships ; and altho' we were under some
AMERICA AND WEST INDIES. 7
1702.
surprize to hear again of ih.it matt. r. l>ecause we thought th-v
had bean \\ll satisfied with their kind usage here; yet we held
!t " to return an an-wer to it. which was done in th-
manner \or Lordship- will >.- l,\ a true copy of it herewith sent ;
u hereof u,- hop,- \,,ur UmMiip- will have favourable thought* ;
we having hef,.re it ua> wrote taken the opinion of Mr. Chilton,
II M.'s Attorney < n-nerall of thi> Uland, concerning the manner
offer (1 th. Fn-iieh to attaine their demands, which your
Lordships uill al-o see \>\ a eoppy of the Minutes of Council! to
that purpose. Your Lordships' penetrating judgments may
<li>eern more in this French letter, then we can judge of, and
therefore we most humbly think it our dutys to hasten it to you
ly this first opportunity together with our proceedings, that it
may (if your Lordships see it needfull) be laid before his Majesty :
the French General at Martineque having done the like to his
Master, as his said letter informs us. We think it needfull also
to acquaint your Lordships that some Negroes are now questioned
here for having had a designe to burn the Bridg Towne, and
to attempt some other violences ; and a Court according to Law
has been appointed to discover and try the offenders, who have
not yet mett with reasons enough to think their designe was a
genera 11 insurrection, as some persons have feared ; nor do we
think there is now any great danger ; since we are alarmed by it,
however, to prevent the worst and that this Island may be in a
better state of security against all unfortunate events, we
beseech your Lordships to lay our humble prayers before his
Majesty, that whenever a warr shall hap|>en. H.M. would be
graciously pleased to post a regiment of Foot here in such manner
as his royal goodness and wisdome shall think fitt ; that this
Island so valuable to the Crown and Kingdome may be in a better
state of security than it's possible to be without it. Signed, John
Farmer, Presdt., Geo. Lillington, Geo. Andrews, Patk. Mein,
David Ramsay, Saml. Cox. P.S. Jan. 14. Since the foregoing
letter was writt by myself and Councill, I have had intelligence of
severall French Men of Warr now at Martinique, and others
expected there, as your Lordships will see by the inclosed
depositions now transmitted to you. Signed, John Farmer.
Endorsed, Reed. Feb. 28, Read March 3. 170|. 2| pp. Enclosed,
8. i. Abstract of preceding. 1 p.
8. ii. Deposition of Evan Parris, Master of the Gray sherry.
Jan. 14, 170J. Being by stress of weather put into
Martineco, Jan. 7, lying in the Port of St. Peters, saw
in that harbour thirteen French men of war lying at
an anchor, one whereof was a three deck ship with a
flagg at the missen top mast head, mounted, aa 'twas
said, with 106 guns, the rest were fifty gun ships and
upwards. They had been about a fortnight there in
expectation of being joined by 35 sail of French men of
war more from Europe. By the information of some
Englishmen then at Martinico, there also lay at Port
Ro3*al in Martineco two and twenty sail more of French
men-of-war, under the command of a flag at the main
COLONIAL PAPERS.
1702.
top mast head, being a three deck ship, and at his
coming along the coast of the Island near the said Port
of Fort Royal, in the night he observed the eight o'clock
gun to be fired and many lights in that harbour. Before
he was suffered to depart from Port St. Peters, the
Intendant of the Island together with an officer belonging
to the Flag ship lying in Port St. Peters went from thence
to Port Royal to consult the officers of the men-of-war
lying there, whether this Deponent should be suffered to
come away or not from hence, for this Island, nor was he
permitted to come away until they returned, which
they did about 24 hours after, and then this Deponent
was permitted to sail, which he accordingly performed on
the 10th inst. and arrived here this day. By the best
information he could learn, the said men-of-war were
bound to the Westward. Signed, Evan Parris.
Endorsed, Reed. Feb. 28, 170|. l| pp.
8. iii. Deposition of Giles Fifield, Commander of the Dolphin.
Jan. 12, 170J. Being at Maderas, loading with wines,
Nov. 25, there arrived in that Port a French man-of-war
of about 70 guns from Lisbon, with a packet from the
King of Portugal to the Governor of Maderas, com-
manding (as Deponent was informed by the English
merchants there) that Governor to supply a squadron
of French, consisting of 38 sail of men-of-war and five
ships, which they might expect there in a very short
time, with what that Island could afford. But whither
the said squadron were designed, Deponent heard not.
On Nov. 28, while he lay in that Port, one of H.M. ships
of war, commanded by Capt. Paul, belonging to the
squadron under the command of Commadore Whetstone
arrived, and gave an account that the said squadron
under command of Commadore Whetstone were put to
sea, and afterwards separated by bad weather, wch.
Capt. informed Deponent that it was the orders of
Commadore Whetstone that if they should be
separated by bad weather they should make the best of
their way to Maderas in order to make up their
squadron there. Deponent leaving Maderas on Dec. 2,
left that ship there. Signed, Giles Fifield. Endorsed,
Reed. Feb. 28, Read March 3, 170. 1 pp.
8. iv. Minute of Council of Barbados, Nov. 19, 1701. Endorsed
as preceding. Copy. 1 p.
8. v. M. de Guitand, Governor of Martinique to the President
of the Council of Barbados. Martinique, Dec. 29, 1701.
[See Cat. A. and W. I. 1701. No. 1192.] Signed, Le
Commandant De Guitand. Endorsed as preceding.
Copy. French. 2 pp.
8. vi. President of the Council of Barbados to the Governor
of Martinique. Barbados. Dec. 30, 1701. [See Cal. 1701.]
Signed, John Farmer, President. Endorsed as preceding.
Copy. 2 pp.
AMERICA AND WEST INDIES.
1702.
8. vii. Copy of Minute of Council of Barbados, Dec. SO, 1701.
Endorsed as preceding. I p.
8. viii. Copy of Minute of Council of Barbados, Dec. 30, 170\.
Endorsed as preceding. I p. (C.O. 28, 6. Nos. 25,
25.i.-viii. ; and (without enclosures) 29, 8. pp. 475-481.]
Jan. 6. 9. Council of Barbados to the Lord Grey. As your
Ch2Sr Excellenc% y' 8 departure hence was the occasion of "great sorrow
Harbdo^ not onl y t U8 > but to all the inhabitants here, who were never
more happy than under your Government, so it will be a thing
of great joy to us to hear that your Ixmlship is safely arrived, etc.
Gives information of the Hermin de Nantes affair, as above. We
pray your Excellency's assistance to this Island in procuring a
regiment of foot to be sent hither whenever a war shall happen.
Really, my Lord, there will be need for it, for reasons you too
well know. We arc in great hopes you will be successful' in this,
as also in what other matters the 'island besought your favour
in at your going, especially for the great guns and shot to be
speedily sent. Your Excellency's absence doth not make u.,
think you are the less our Governor, nor do we despair of your
Lordship's returning to us again. Signed, John Farmer. President,
Geo. Lillington, Geo. Andrews, Pat. Mein, David Ramsay,
Samll. Cox. Endorsed, Communicated to the Board bv the
Lord Grey. Reed. Read March 3, 170i. Copy. '3 pp.
[C.O. 28, 6. No. 26.]
Jan. 6. 10. Archibald Hutcheson to the Council of Trade and
Plantations. I shall not repeat what I have already offered in
Col. Codrington's behalf in answer to Mr. Freeman, but having
since by your Lordships' directions had copies of some papers
exhibited by him in proof of his petition. I crave leave to remark
(1) That there is no proof on oath of the injury complained of,
for Mr. Goodwyn swears only as to Mr. Freeman's Agent being
in possession, and Mr. Meat! of his own knowledge swears no
more. As to the Letters Patents, how possession was thereon
obtained, how and on what grounds the Justices proceeded, what
application was afterwards made to Col. Codrington, and what
was done thereon, there is no proof offered but letters and copies
of papers ; and were it therefore regular, as I humbly insist it
is not, on the hearing only on the one side to grant what the
Petitioner desires, yet surely the allegations on which the request
is founded ought at least to be supported by some testimony
on oath, and by what has lately happened in relation to
Mr. Mead's complaint now before your Lordships, there is a fresh
instance how slender an evidence letters are to be esteemed, for
that gentleman's correspondents wrote to him late in Oct. last
that they knew not when his appeal would be heard, although
they continued to press the same. And I have now in my
custody the attested copies of the record of the proceedings in
that appeal by which it appears that the same was heard and
determined, and an appeal to H.M. craved and allowed Sept. 6
last. Again, Mr. Pogsdn, the Petitioner's Agent, writes, July 16,
10 COLONIAL PAPERS.
1702.
relating to one of your Lordships' Board, which he affirms as
positively as he does his other matters, and with as much
assurance as if he had seen a letter of Col. Codrington's to that
purpose, tho' I presume none who know that gentleman will
think so poorly of his sense as to believe him capable of offering
so rude and brutish an indignity as to pretend to imploy any of
vour Lordships for his Sollicitor, and that too in a matter which
would probably come before the Board. (2) But supposing the
said letters and copies were to be admitted as evidence, yet they
nowise prove that part of the complaint which particularly relates
to Col. Codrington, vizt. that instead of giving redress on the
application made to him by the Petitioner's Agent, he immedi-
ately entred upon and took possession of the Plantation
for his own use, and now holds and enjoys the same, giving orders
in and about the management thereof ; and yet by Mr. Pogson's
letters it appears that he was still in possession thereof, and
planting and managing for the Petitioner's benefit, and not for
Col. Codrington, as was suggested at the last hearing, for he
expressly says that he had refused all offers from Col. Codrington
for that purpose. (3) Even supposing Petitioner's Agents wer
now actually out of possession., and that the petition of which
the copy is produced had been presented to Col. Codrington, and
that he has done nothing thereon, he has done just as he ought,
and what I presume the Lord Chancellor would have done on the
like petition. Here is a conviction of a forcible detainer, for
ought appears to the contrary, duly made by two Justices on their
view, and thereon the force removed and possession given to
those from whom it was wrongfully detained. Whilst this
conviction remains in force, it cannot be pretended that
Governors in the Plantations or the Chancellor here can on a
petition grant orders to restore possession legally taken away.
(4) Argues that nothing can be offered for setting aside the
legality of the conviction. Signed, Arch. Hutcheson. Endorsed,
Reed. Read Jan. 6, 170. 3 closely written pp. [C.O. 152, 4.
No. 77 ; and 153, 7. pp. 323-330.]
(?Jan. 6.] 11. James Taylor (Deputy Secretary of St. Kitts) to
Capt. John Pogson. I cannot give you a particular account as
to time, but the Commission of the Peace was not signed by H.E.,
nor did pass the Seal in about two months after the gentlemen
appointed Justices were sworn. Upon Aug. 30 it was produced
in Council signed and sealed. I cannot inform myself when it
was sent to Antegoa, but sure I am, it was many weeks after the
Justices were nominated therein and sworn. Signed, Ja. Taylor.
Countersigned, Wm. Mead. Sept. 5, 1701. Endorsed, Presented to
the Board by Capt. Freeman. Reed. Read Jan. 6, 170A. Copy.
| p. [C.O. 152, 4. No. 76.]
[Jan. 6.] 12. Extract of letter from Major Lewis Burwell to Sir Jeffrey
Jeffreys, Aug. 20, 1701. Begging his assistance " in gitting a
quietus from bearing the office of a Councillor in Virginia."
\MI:I;K'\ VXD \\ B8T INDIES. u
1702.
Endorsed, Rccd. Read .Ian. ;, 170J. Addrtutd, To William
Blathwayte, Esq. Copy. 1 p. [C.O. 5, 1312. tfo. 25.]
Jan. 6. 13 Journal of Council of Trade and Plantations Reprc-
Whitohall. sentation concerning the Governor's Communion for the Jersey*
[see Jan. 2] signed.
Letter to the Earl of Manchester, to acquaint him that as one
of H.M. Principal Secretaries of State he is one of the Com-
missioners of this Board, signed.
Upon consideration of Capt. Richard's letter, Sept. 8 last, from
Newfoundland, ordered that a letter be prepared wherein to
transmit copies of his agreement with masters of ships to transport
materials thither, to the merchants of this City and of several
outports trading to Xcwfoundland, to know what may be
depended upon for the performance of that promise.
Mr. Blathwayt communicated to the Board a letter from
Sir Jeffery Jefferies concerning Mr. Burwcll [an in preceding],
Mr. Freeman attending according to appointment with
Mr. Brown on one side, and Mr. Hutchinson and Mr. Cary with
Sir Thomas Powis on the other, the latter, in order to defend
the proceedings of the two Justices of Peace in dis|x>ssessing
Mr. Freeman's Agents of the Plantation called the Manner ol
Godwin in St. Christophers, did assert as Law that a forcible
detainer is within the purveu of the Statute as much as a forcible
entry ; and that upon Mr. Cuningham's complaint thereof the
Justices were obliged to go to the place ; that their view upon the
place is a sufficient evidence to them without any further enquiry ;
and the same being recorded is so far good in Law that it cannot
be traversed, but may indeed be removed by 0-ertiorari ; whereas
a proceeding by a Jury (which method they might have followed,
if they had thought fit) is of less credit and may be traversed ;
and as to the objection that Mr. Cuningham was excluded from
this course of proceeding by the view of the Justices, by reason of
the length of time that Mr. Freeman had been in quiet possession,
he answered that it appears by the petition itself that his
possession cannot have been longer than from Aug. 8, 1699 (the
date of his patent) till about May 22, 1701 (the time of the entry
complained of) which is not full two years ; whereas the Statute
relating to entries upon estates by the view of two Justices does
not make any limitation of time at all ; only a proviso in the end
allows that after three years' peaceable possession, the possessor
may defend by force ; so that the proceedings of the Justices, he
said, were according to Law.
Mr. Brown, in answer, set forth Mr. Freeman's title not as
derived only from his patent, but as descending to him from his
father, and restored by the patent ; after the granting of which
patent, Mr. Freeman by his Agents did peaceably enter upon
the plantation, and had since that time continued in quiet
possession of it ; and his complaint is that he is now dispossessed
not by due course of law (which ought to have been upon an
enquiry by a Jury), but by a meer colour of Law, whereas in
truth it was a viofence committed upon him by Col. Codrington's
12 COLONIAL PAPERS.
1702.
Agents or others under the favor of his protection, as appears
by the threatening expressions set forth in the petition, and proved
by Mr. Mead's deposition.
Upon further queries made by the Board relating to the dispos-
sessing of one party and putting the other into possession, Sir T.
Powis agreed that all that Justices of Peace can do upon com-
plaint made to them of a forcible detainer, and their view thereof, is
to remove the said force : they can proceed no farther : nor have
they any authority to put the person complaining into possession :
that being a thing which cannot be done, but by inquisition.
It was objected also by Mr. Brown that there does not appear
to have been any record made by the Justices upon their view
more than the mittimus by which they sent Pogson and others
to prison, which (if so) is a great defect in their proceedings ; and
that upon sending those persons to prison it seems as if Cuningham
or other Agents for Col. Codrington entered into possession
without more adoe. To which Sir Thomas Powis, as likewise
Mr. Hutchinson and Mr. Cory, answered, that as they had no
instruction from Col. Codrington in the matter, they desired that
he may be heard before any resolution be taken. As to the
suggestion in the petition that the two persons called Justices,
who dispossessed Mr. Freeman, were not really Justices at the
time of their so doing, Mr. Brown showed to the Board a letter
from Mr. James Taylor, Dep. Secretary of St. Christophers,
(with a deposition of Mr. Mead's proving it to be Taylor's hand)
wherein he writes that the Commission of the Peace was not
signed by the Governor, nor did pass the Seal in about 2 months
after the gentlemen appointed Justices were sworn. Copies of
the letter and deposition were taken.
Mr. Hutchinson delivered to the Board a further memorial
in defence of Col. Codrington.
.Jan. 7. Mr. Mead attending on one side, in pursuance of the minutes
of Dec. 31 last, and Mr. Cory and Mr. Hutchinson on the other,
Mr. Mead acquainted the Board that Mr. Dodd, who had
promised to assist him, is fallen ill, and desired further time for
hearing ; to which Mr. Hutchinson agreed, only further desired
that in the meanwhile Mr. Mead may be directed to communicate
to him such papers as he intends to make use of in proof of the
facts set forth in the petitions. Ordered accordingly, and that
all parties attend on Tuesday.
Order of Council, Jan. 1st, upon the petition of Mr. Cory read
and directions given for preparing a representation thereupon.
[C.O. 391, 14. pp. 267-275 ; and 391, 96. Nos. 2, 3.]
Jan. 6. 14. Minutes of Council of Barbados. Lt.-Col. Thomas
Maxwell took the oaths appointed as Member of the Assembly
for Christchurch. Members of Council sworn.
William Gallop, James Vaughan and Major Thomas Ince were
sworn in the Commissioner of the Peace.
It being ordered the last Council Day that Col. Frere's
Regiment should come down to guard the town after the Town
Regiment had done their duties, the said order is now counter-
AMERICA AND WEST INDIES.
13
1702.
mandcd, there being no occasion for them, and that there be two
constables and a double watch every nii/ht to guard the town
till further orders, and that the Justices of the Peace take care to
see the same performed.
60/. Qs. 3d. paid to Capt. John Heywood for money spent on
the fortifications.
It being very necessary that the welfare of this Island should,
at this juncture, be speedily considered of, ordered that letters
issue to the absent Members of this Board, and likewise to all
tin- Field Officers to meet as a Council of War at the Council
Chamber in James Fort on Monday.
Ordered that the Judges' Commissions for the several Courts
be forthwith drawn out.
H.M. Governor of Jamaica being daily expected to call here
in his way to that Government, resolved that the Members of
this Board upon appearance of a flag at the top mast head will
immediately repair to the Councill Chamber in order to his
reception. Ordered that upon his arrival in the Rhoad the
Secretary attend him and acquaint him that the Ix>rd Grey is
returned for England, and that the President and Council, as
MHUI as thcv can <_ r '-t t.-j.-t h.-i . \\iil I,,- read} to wrail upon H K
[C.O. 31, 6. pp. 112-114.]
Jan. 8. 15. Order of King in Council. Approving the representation
Kensington. o f Dec. 12, 1700, concerning the administration of Justice in
Barbados, and ordering that the Governor or Commander-in-Chief
of Barbados be strictly admonished to a constant care and watch-
fulnesse that Justice be administered on all occasions according to
H.M. orders already signified to them, as is proposed by the
representation. And the Lords Commissioners for Trade and
Plantations are to write accordingly. Signed, John Povey.
Endorsed, Reed. 12th, Read Jan. 20, *170$. J p. [C.O. 28, 6.
No. 28 ; and 29, 7. p. 459.]
Jan. 8. 16. Order of King in Council. Approving of the two Acts
Kensington. o f Barbados, Oct., 1699 and Nov. 5, 1700, for paying Governor
Lord Grey 2,000/. currant money and 2.000/. sterl., in accordance
with representation of Dec. 12/1700 (q.v.) Signed, John Povey.
Endorsed, Reed. 12th, Read Jan. 20, 170J. 1 p. [C.O. 28, 6.
No. 27 ; and 29, 7. p. 460.]
17. Order of King in Council, referring enclosed petition to
e Council of Trade and Plantations for their opinion. Signed,
Jan. 8.
Kensington, the
John Povey. Endorsed, Reed. 5th, Read March 6, 170|.
| p. Enclosed,
17. i. Petition of Caleb Heathcote to the King. In the name
of the inhabitants of Westchester prays H.M. to bestow
an escheat of 110 acres of land fallen to the King in this
place by the death of Thomas Williams, towards the
maintenance of their Minister. Signed, Caleb Heathcote.
r,,,,//. 1 p. [C.O. 5, 1047. No*. 37, 37.i ; and 5,
1119. pp. 77, 78.]
14 COLONIAL PAPERS.
1702.
Jan. 8. 18. Council of Trade and Plantations to the King. In
Whitehall, obedience to your Majesty's Order in Council of the 1st instant,
upon the petition of Mr. Joseph Jory, Agent for the Island of
Nevis, praying that 600 matchlock barrills, which did belong
to your Majesty's Forts there, and are now sent home by the
Lieutenant Governour and Assembly of that Island, may be
received into your Majestys Stores in the Tower of London, and
that instead thereof a sufficient number of firelock arms may
be forthwith delivered for a supply to the said Forts, We humbly
report to your Majesty that b}^ the accounts communicated to
us by the principal Officers of yr. M's Ordnance, we find that there
have been 550 matchlocks sent to the Leeward Island since
yr. M.'s accession to the Crown, and other numbers of the like
arms formerly ; And whereas such matchlocks are generally
not so serviceable as firelocks, and more particularly dangerous
in marches through a Country full of sugar canes, We humbly
offer that the Board of Ordnance may be directed to receive the
foresaid 600 matchlock barrills, and in lieu thereof to deliver
to Mr. Jory the like number of firelocks, to be forthwith sent
by him to the Island of Nevis for yr. M.'s service in the defence
of the said Island, which we humbly conceive to be very requisite
in this present conjuncture. Signed, Stamford, John Pollexfen,
Ph. Meadows, Abr. Hill, Wm. Blathwayt, Mat. Prior. [(7.0.
153, 7. pp. 333, 334.]
Jan. 8. 19. Order of King in Council. Approving the foregoing
Kensington, representation and directing the Board of Ordnance to act
accordingly, and to return an estimate of the charge. Signed,
John Povey. Endorsed, Reed. 13th, Read Jan. 20, 170 J. f p.
[C.O. 152, 4. No. 78 ; and 153, 7. pp. 377, 378.]
Jan. 8. 20. Minutes of Council of New York. Present : the Hon.
*ort William John Nanfan, Abraham Depeyster, Samuel Staats, Robert
Walters, Thomas W T eaver, William Atwood. Salaries paid to
Lt.-Gov. Nanfan, C. J. Atwood, S. Broughton, Att. General,
and other officers.
Petition of Samuel Denton read. Ordered that Edward Antill
have notice thereof, and give in an answer with all convenient
speed.
Petition of Luycas Kerstead, son of Sarah Rooletts, deed.,
Johannis Kipp and William Teller, sons-in-law of deed., and all
executors of the will of their said mother, read, and ordered that
the will of said Sarah Kerstead and the deeds from the Indians
in the said petition mentioned be produced to this Board before
any order be made thereon.
Petition of Capt. Jacob Mauritz, praying a reward for
pilotting H.M.S. Deptford from New York to Sandy Hook, was
read, and the Governor and Council are of opinion that the
satisfaction of matters of this nature properly belonging to the
office of the Admiralty in England, he ought there to apply for
the same, but it being alleadged that the Petitioner in order to
his application as aforesaid having obtained a certificate of his
\MKmr\ \\D WEST INDIES.
15
1702.
Jan. 8.
Whitahail
Jan. 9.
Jan. 9.
Whitehall.
Jan. 9.
Whitehall,
Jan. 10.
.imea'
said service from the Commander of the ship, which he had
delivered to the Earl of Bcllomont, who was pleased to promise
to take care therein, and the said certificate not being since to
be found amongst his Lordship's papers, it is hereby recom-
mended to Petitioner to make oath before the Chief Justice of
his delivery of the certificate, together with the contents thereof,
and this Board, on his so doing, will take further care of the
premisses.
Petition of William Le Coute read, praying a recompense for
the damages done to his house let by his Attorney whilst he was
at the West Indies, to Anthony Rogers, Chynirgion of H.M. Fort,
who used the same for an hospital for the use of soldiers belonging
to the said garrison. Committee appointed to view the same
and report.
521. paid to the Lt.-Gov. in lieu of so much expended by him
for hou>r-ivnt for himself during the time the Earl of Bellomont
was resident in the Fort. [C.O. 5, 1184. pp. 590-601.1
21. Journal of Council of Trade and Plantations. Repre-
sentation upon Mr. Jory's petition, Jan. 1, signed.
Letter from Mr. Secretary Hedges, Dec. 10, with enclosures
from the Massachusetts Bay, read. Directions given for preparing
a Representation thereupon.
Letter from Col. Romer, Boston, Aug. 8 and Oct. 16, 1701,
read. Directions given for inserting some part thereof in the
forementioned Representation.
Letter from Mr. Levingstone, Aug. 22, letter from Lt.-Gov.
Nanfan, Aug. 21, and petition from Peter Sehuyler, etc., for
arrears due, read. The matter in the petition not lying before
the Board, ordered that it be sent to Mr. Lowndes.
A Memorial from Mr. Morris, in answer to Mr. Dockwra's
complaints against Col. Hamilton, was laid before the Board.
Ordered that the Secretary write to the Dep. Governor of the
Hudson's Bay Company [as in folbnring].
Directions given for preparing a Representation upor
general state of defence of all H.M. Plantations. [C.O. 391, 14.
pp. 276-279 ; and 391, 96. Nos. 4, 5.]
22. William Popple to the Deputy Governor of the Hudson's
Bay Company. The Council of Trade and Plantations desire
the Hudson's* Bay Company would lay before them whatever
tlu \ may think fit to offer in relation to the Trade and security
of that place at this time. [C.O. 135, 3. p. 102.]
23. William Popple to William Lowndes. Enclosing a copy
of the petition of Peter Sehuyler. Robert Livingston and the
Widow vanCourtlandlKeeOi/.Jl.amf IF./., 1701. Aug. 22] to be
laid before the Lords Commissioners of the Treasury.
5, 1119. p. 62.]
24. Minute of Proprietors of Carolina. The Rt. Hon. John
Earl of Bathe, fourth Palatine of Carolina, dying on Tnui iy,
Aug 21, 1701, there was no meeting of the Proprietors t
16 COLONIAL PAPERS.
1702.
1702, when at their Board the Hon. John Granville, Esq., being
the eldest in years of the Lords Proprietors, succeeded the said
Earl, his father, and was admitted the fifth Palatine of Carolina.
Present : Hon. John Granville, Palatine, George Lord Carteret,
Maurice Ashley, Sir John Colleton, Bart. James Griffiths was
appointed Secretary to the Board. [This is the first entry after
Dec. 20, 1699. Ed.] [C.O. 5, 289. p. 82.]
Jan. 12. 25. Governor Bennett to Mr. Popple. Pray please to lay
Bermuda, before the Board the enclosed duplicate of Dec. 17 last, and
acquaint them that since my last Mr. Jones, the Sheriff, has been
indicted on one of the Articles I some time since sent over from
the Assembly, it being for perjury, of which he is found guilty,
and several other Bills are brought against him which will be
tried this week. Signed, B. Bennett. Endorsed, Reed. 17th,
Read April 27, 1702. 1 p. Enclosed,
25. i. Governor Bennett to the Council of Trade and Plantations.
Refers to enclosures. I have done what I can in case of
a war to make this place defenceable by throwing up
trenches along shore, where it's possible for men to land,
and have ordered the Company of Foot that's here to
be practised in the Granadeer exercise, but I have but
40 granade shells. As for the Militia, I have taught
t'lem so much the use of their arms, that I doubt not
but on occasion to find them very serviceable, and will
make it my constant endeavour to improve them.
They are in number 750. Here are also 600 slaves in
these Islands, which when I find a necessity upon me,
I intend to arm with lances, and may do good service
when we come to stop an enemy. The works of the
fortifications are repaired, so that if the supply desired
of great guns were granted, this place, I hope and doubt
not, but would give a good account of itself, in case we
should be attackt. I desire I may not suffer in your
Lordships' opinions, that I have not sent over transcripts
of the Laws now in force here, the Secretary having but
two clerks, and them but indifferent ones, to dispatch
the whole business of these Islands, but as soon as they
can be completed, I'le send them over, and what else
is required of me by my instructions. Signed, Ben.
Bennett. Endorsed, Reed. 17th, Read April 27, 1702.
Duplicate of letter of Dec. 17, 1701, sent by Capt. Dudley
of the Guinnea Merchants. 3 pp.
25. ii. Abstract of preceding. 1 pp.
25. iii. Copy of letter from Governor Bennett to Governor
Hasket. Bermuda, Aug. 11, 1701. Recommending
Capt. Walker to him. Signed, B. Bennett. Endorsed,
Reed. April 17, 1702. \ p.
25. iv. Governor Bennett to Gov. Hasket. Bermuda, Sept. 12,
1701. It is generally reported that you'v lately seized
a sloop belonging to this place, called the Sea/lower, and
by torturing the men, obliged them to own that about
AMERICA AND WEST INDIES. 17
1702.
throe yean MM. they raked salt at Turks Inland* on
which confession the ship is since condemned. Which
pyrat<- like u-uirr I know not how to believe, therefore
desire to be satisfied from yourself, and whether you
have any particular pretension to Turks Islands. If the
above story be true, assure yourself I will make all the
interest I can in England for satisfaction, and leave
the resentment of your broken faith to me till a further
opportunity. (For we agreed to be kind to masters of
vessels belonging to each other's Governmento.) Signed,
B. Bennett. Endorsed as preceding. Copy. \ p.
25. v. Copy of remonstrance of the people of New Providence
against Governor Hasket. Oct. 6, 1701. Endorsed <u
preceding. Copy. 1 p.
25. vi. (a) Copy of address of the General Assembly of
Bermuda to Governor Bennett and Council recom-
mending the uniting the Bahamas to the Government
of Bermuda. Nov. 22, 1701.
25. vi. (6) Copies of papers relating to the seizure of the
Bermuda sloop Seafloicer at Providence by Captain
Hasket. (1) Copy of Governor Hasket's Commission to
John Warren of the Mary sloop, to seize and destroy
all pirates and also " to examine all foreigners or aliens
as you shall meet with in this Government either making
of oil, cutting of brazeletto or fust wick wood, cedar, or
any other timber, travelling the Bay for amber-grease,
raking or loading of salt or making any other advantages
contrary to the Laws of this Government, except
necessary wooding and watering, not having license and
permit for the same, them to bring with their vessels
to this Fort to be condemned or acquitted according to
Law," etc. May 20, 1701.
(2) Application of John Warren, Commander of the
Mary, for the trial of the Seaftower, seized by him
June 24, 1701, in the East Harbour of the Caccasess,
whereas the said sloop, belonging to Bermudas did in
1699 or thereabouts, Israel Brownlow then master,
" not having any permit from the then Governor of these
Bahama Islands for the same, rake in the pond (and
take on board) a large quantity of salt at an Island
called Turks Island, one of the Lucaios or Bahama
Islands, belonging to the true and absolute Lords and
Proprietors of the aforesaid Island, in the aforesaid
sloop for Bermudas, all which was and is contrary to
their Lordships' instructions and an Act of Parliament
made assented and holden in this Island for excluding
all persons that are not inhabitants in the Leucaios
Islands from the privileges and benefits hereafter
named, [whereby] it is amongst other things enacted
that no person inhabiting or belonging to any other
place, not within the limits of the Leucaios Islands,
shall have permission to cut any wood or timber, or rake
OS
18 COLONIAL PAPERS.
1702,
any salt, make any oil, gather ambergrees, spermacitti,
tortoiseshell, work on any wrecks or take up any drift
or wreck goods within any the limits aforesaid on the
penalty of forfeiting vessel and goods." Signed, Jno.
Warren. New Providence.
(3) Deposition of John Graves, H.M. Collector of the
Bahama Islands. At a Court of Admiralty begun in
Nassau, July 4 and adjourned to July 7, 1701, and then
ended, for the trial of the Seaftower, William Tucker,
Commander, Governor Haskett appeared in Court and
asked the Marshall for the list of the Jury, and with his
own hand dashed out whom he pleased, and bid
Capt. Cole, a Commander of a vessel from London,
go out of Court and hindered him from being of the
Jury, and made his brother-in-law, Capt. Benjamin
Pickman, Commander of a vessel supposed to be the
Governor's, foreman of the Jury, and sent for his
Instructions from the Lords Proprietors and told
Patrick Davidson, Tucker's Attorney, in Court that he
should not see his Instructions farther, and his
Instructions mentioned that he should take care of the
tenths of salt raked at Turks Islands, and that part was
not writ with the same inck, and looks as if interlined.
After the Jury was impanelled, the Judge asked the
Jury if they were agreed upon their verdict. Mr. Tucker
answered that they had not been out. After the Jury
went out, the Judge, Mr. John Doggit said, Let the
Jury bring in what verdict they will, he would condemn
the sloop, and accordingly he did condemn her, July 7,
1701.
(4) Deposition of John Shiriess. About June 30,
1701, he was at the house of Col. Read Elding at night
in Providence Town, at which time was Governor
Haskett examining John Caverlee (see Cat. A. and W. I.,
1701). He heard Hascutt say that if John Cauverley
would not declare such matters as he asked of him about
the Seaftower, he would immediately either shoot him or
hang him on Col. Elding's gate, and thereupon a rope
was immediately brought, and much threatenings.
Cauverley begged his life, and he would say somewhat of
those matters was proposed to him against the Seaftower,
himself and company, all which was by compulsion and
through fear. Presently Governor Hascutt committed
him and two more of the sloop's company to prison in
the fort, and ordered that no soul whatsoever should
come near them, neither gave he any mittimus for his
BO doing. Deponent was then Commander of the
Guard in the Fort where they were committed, and was
held prisoners several days. Signed, John Shiriess.
(5) Deposition of John Coverley, mariner, Oct. 28,
1701. Sworn before Governor Bennett. Describes the
seizure of the Seaftower by Capt. Warren, her trial, and
AMERICA AND WEST INDIES. i .
1702.
his intimidation by Gov. Hasket at Bermuda Signed
John Coverly. [Sec Col. A. and If./., 1701.)
(6) Deposition of William Tucker, jr., as to the same.
Signed, Wm. Tucker, jr. [See Cat. A. and W.I., 1701.]
(7) Deposition of George Tucker of the Seaflower, ttort
ing the truth of the preceding. Signed, George Tucker.
(8) Deposition of Matthew Whitter, mariner, of the*
Seaflower, attesting to the truth of preceding, and the
Governor's intimidation of himself as witness Signed.
Matthew Whitter.
(9) Deposition of Thomas Walker, sometime Chief
Judge of the Admiralty for the Bahama Inlands.
Bermuda, Aug. 9, 1701. About Jan. 1701, some time
after the sloop Elizabeth, Thomas Atwood, Master, from
Bermuda, was seized in the Port of Providence by John
Graves, Collector, for importing one piece of wool and
cotton stuff from Bermuda, it api>eared on oath before
me in the Court of Admiralty then by me holden, that
the then Deputy Governor, Read Hiding, and John
Graves had remaining in their custody sundry months
before the said seizure, the new Act to prevent the
exportation of wool out of England, etc., but the said
Act was never before the said seizure made published
in Providence. When Thomas Attwood petitioned for
a hearing before me, I required Graves to produce the
said Act in the Court of Admiralty, but he con-
1 temptuously refused. It was proved before me in the
said Court that upon At t wood's praying Mr. Graves to
prosecute his seizure in one Court or another, he
vexatiously told him his vessel should lie in the Road
and rot under his seizure. Signed, Thomas Walker.
The whole endorsed, Reed. April 17, 1702. 20 pp.
25. vii. Minutes of Council of Bermuda, June 27, July 1,
July 22, Aug. 4 and 11. Endorsed as preceding.
H PP- [C.O. 37, 3. Nos. 63, 63.i.-vii. ; and (with
enclosed letter only) 38, 5. pp. 201-207 ; and (duplicates
of i., iii., iv., vi.) 37, 25. A T <w. 68, 68.i., 69, 70, 71.]
Jan. 12. 26. Earl of Manchester to the Council of Trade and
Whitehall. Plantations. I desire you will please to direct an account to
be sent me of what Ordnance Stores and Artillery have been
demanded, the last year, for the defence of the Plantations, what
quantities of them have been sent to the several places, and what
further provisions of that sort are asked as necessary for their
present occasions, that I may lay a distinct account thereof before
the King as soon as conveniently may be, as I have received
H.M. commands to do. Signed, Manchester. Endorsed, Reed.
12th, Read 13th, 170$. 1 p. [C.O. 323, 3. No. 109; and
324, 8. pp. 28, 29.]
Jan. 12. 27. Journal of Council of Trade and Plantations. Order
Whitehall. o f Council, Dec. 18, 1701, relating to the method of appealing
20 COLONIAL PAPERS.
1702.
from the Courts of Admiralty in the Plantations read. Directions
given for preparing a circular letter to the Governors of
Plantations accordingly.
Orders of Council, Dec. 21, 1701, repealing and confirming
some Acts of Nevis, read. Notice ordered to be given to the
Governor of the Leeward Islands.
Jan. 13. Letter to the Lords of the Treasury to mind them of the arrears
due to this Office signed.
Letter from the Earl of Manchester, Jan. 12 [preceding]. Their
Lordships thereupon resolved to proceed to-morrow on the
Report already under consideration relating to the defence of the
Plantations.
Memorial from Mr. Hutchinson, in answer to the petitions of
Messrs. Mead and Shipman, laid before the Board and part
thereof read. Mr. Mead attending on one side with Mr. Dodd,
in reference to the said petitions, and Messrs. Hutchinson and
Cary, with Sir Thomas Powis on the other, Mr. Dodd insisted
that the proceedings in the case of the two Plantations in Nevis
[see CalA. and W. I., Dec., 1701] were irregular and unwarrantable,
more particularly setting forth the loss Mr. Mead is like to suffer
in his stocks and sugar canes, and prayed that he be restored to
possession. Sir T. Powis answered that the insinuation in
Shipman's petition as if Col. Codrington had favoured Herbert,
who brought the writ of ejectment against Mead, and designed
to have the Plantation for himself, is utterly false and malicious,
and that there was no manner of proof offered for it. But on
the contrary he offered the testimony of one Mr Gary, who having
lived several years in that Island, and being lately come from
thence, declared to the Board that he never heard any such
report there. In answer to the suggestion in the petition, that
this suit in Herbert's name was stirred up by Col. Codrington, he
answered and shewed by several copies of the Records of the
Island, that the suit was begun in 1686, that there was a judg-
ment given in it in 1688 ; after which the war following, there
was some stop in the proceedings, but that they were again
renewed in 1695, and that this very declaration in ejectment,
which is the occasion of the present complaint, was brought
by Herbert before Col. Codrington's arrival there. As for
Col. Codrington's sitting on the Bench (however unreasonable
such a practice does seem) yet he shewed that it has been the
practice of former Governors, Sir Wm. Stapleton, Mr. Russel,
Sir Nathaniel Johnson, and others. As to the constituting a
Guardian for the Minor, he shewed that according to the custom
of that Island, it was a thing that ought not to have been demanded
of the Court, but of the Governour himself, and argued that the
refusal of it was no prejudice to Mr. Mead or Mr. Shipman, who
are persons that understood the case, and might have offered
whatever they thought fit in the Minor's behalf. As to Mr. Mead's
appeal from the sentence in the Inferior Court to the Governor
in Council, which Mr. Cole had writ was not heard Oct. 24 last,
Sir Thomas produced copies of the Records of the Island, certified
under the hand of the Secretary, proving that it was actually heard
AMERICA AND WEST INDIES u
1702
by the Governor S.pt. 6 last, and the judgment of the Inferior
r.m.t Affirmed: upon which Mr. Mead's AgenU had auain
appealed from that judgment to H.M. in Council here, where the
merits ot the cause would in course come regularly on to be tried
Mr. Dodd desired their Lordship* to consider that the turning
Mr. Mead out of possession the very next day after sentence,
notwithstanding his apical, was a great hardship, and prayed
that he be restored.
.Jan. 14. Mr. Thurston was granted copies of the complaint* recently
transmitted from Newfoundland.
Mr. Brian Mortar laid before their Lordships a new Commission
for this Board under the Great Seal, Jan. 8, wherein the name
of Mr. Hill is left out, and the name of Mr. Cecil inserted.
Directions given for preparing a letter to the Earl of
Manchester in answer to his of Jan. 12 [CO 391 14
pp. 279-288; and 391, 96. Nos. 6-8.]
Jan. 13. 28. Minutes of Council of Barbados. Order from the Lords
Justices [Sept. 16, 1701] read that Thos. Symock [Simcoclu?]
be admitted to his Appeal from a sentence of condemnation
given against the Rtbeccah of (tallowy and her cargo in the Court
of Admiralty in Barbados, and that authentick copies of all
proceedings thereon be transmitted. Ordered accordingly. [See
Acts of the Privy Council, Colonial Series, Vol. II, pp. 376, 377.)
237/. 11*. lid. paid to Latimcr Richards for work done and
disbursements on St. James Fort.
18/. 18*. IJrf. paid for work done at the Magazine.
Ordered that all masters of vessels arriving at this Island do
forthwith attend the President and pay their duties to him,
uhcrever he is, before they be admitted to enter, all former
orders on the subject being rescinded. The President was desired
to receive all letters for H.M. service and to open them, in order
to summon a Council, if he see occasion.
Ordered that the Members of Council who are officers in the
Militia, in case of alarms, repair to their several posts, and that
those who are not, forthwith repair to the Council Chamber in
James Fort to attend the President or his order. The President
was drsin-d and empowered to sign and seal all the Commissions
and have the care and directing of the Militia as the Commander-
in-Chief till further order.
Ordered that on alarms or other sudden occasions, the Council
be summoned by the President with all speed to some convenient
place, and that till they can be assembled, the President is
empowered to issue such orders to the several Colonels and other
officers as shall seem most safe to him for the good of the place.
All persons in the Commission of Peace ordered by Feb. 20 at
farthest to attend the President and Council, or President alone,
to take the oaths, and those who do not so attend shall have no
privilege as Justice of the Peace.
Petition of Mary Lyte, wife of Eld ward Lyte, fisherman, read,
praying that she mit'lit have some consideration for discovering
the late negro plot. It's the opinion of the President and Council
22 COLONIAL PAPERS.
that she well deserves a reward of 201. at least for her service, and
they desire the concurrence of the Assembly herein.
Ordered that 500 barrils of powder be moved out of the
Magazine and placed in the several Forts, and that the Com-
missioners of Fortifications prepare fit places for it therein.
There being six guns upon carriages belonging to the country
at the Plantation where H.E. lived, ordered that they be removed
thence and placed in some convenient place, in order to set forth
an alarm, one at Col. Leslie's Hill, one at Col. Ramsay's and
one at Brigg's Hill; the other three to be placed at some
convenient place to leeward as the President shall think fit.
Ordered that no person presume to fire any guns bigger then
musquetts or fuzees within the land, except in case of alarm,
under the penalty provided by an Act.
Richd. Elliott received his Commission continuing mm to be
Chief Judge of the Court of Common Pleas for the precinct of
Christ Church, and took the oaths appointed.
The Commission of James Colleton for the Court of Common
Pleas for the precinct of St. Michael's signed, and the President
was desired to administer the oaths to him, he being absent and
the time for holding the Court nigh at hand.
Henry Apple waite and John Summers were sworn in the
Commission of Peace. [(7.0. 31, 6. pp. 115-121.]
Jan. 13. 29. Journal of Assembly of Barbados. Richard Rycroft,
Representative for the parish of Christ Church, being dead, Thomas
Maxwell was elected in his stead and was received as a Member.
Bill for appointing watches in the respective towns was brought
in and read.
Petition of Samuel Cox read and referred to a Committee to
enquire into the allegations therein contained.
Petition of Nicholas Baker, merchant, read and referred to
a Committee to enquire into the allegations therein contained.
Petition of Paul Carrington read and ordered to be considered
at the next Session.
Petition of Michael Wyner, Henry Vangent, and John Henry
Noiring for leave to bring in a Bill for their naturalisation, granted.
Jan. 14. Bill for appointing watches read a second time.
It was moved by a Member of the House that a vessel be fitted
out for the service of this Island. Committee appointed to
contract for one accordingly.
Resolved, that Mr. Speaker do move the President and Council,
(1) that the meetings of the several Companies be every week
for exercise for four times, commencing from next exercising
day ; (2) that the several Colonels be desired to take a review
of the stores and arms ; (3) that powder and shot may be forthwith
ordered to the respective Colonels for the use of the poor people ;
(4) that a sufficient number of small arms be delivered out of the
magazeen to the Colonels to be distributed among the poor people
that want them by the Captains, in case of alarms, who are to be
accountable for them ; (5) that the great guns appointed in case
of alarms may be put upon hills, as the Act directs.
AMERICA AND WEST INDIES. 23
1702.
Whereas complaint has been made by a Merabor of this House
that the Records of this Island in the fleeroUtj'i office an not
kept in such safe manner as is necessary, Resolved, that the
Secretary be required to give good security for the safe-keeping
the said Records, and that he provide a more secure %wF
convenient place for the keeping the said Records.
Resolved that due enquiry and consideration bo had in this
House of the Secretary's requiring and demanding nincpenoe or
twelvepence per head for every new negro shipt off this Island,
before he will grant a ticket for more than one negro.
An Act to raise and provide a further strength of labourers to
clear the trenches and repair the breast works and fortifications,
read the first time.
Petition of Mary Lyte read, and the opinion of the President
and Council was that the Petitioner well deserves a reward of
20/. sterl. for discovering a late coaspiracy of the negroes against
the Inhabitants. Ordered accordingly. [C.O. 31,6. pp. 444-446.]
Jan. 14. 30. Mr. Hutcheson to Mr. Popple. Encloses copies of proceedings
at Nevis and Antegoa. Summarises reply to complaints against
Col. Codrington; (1) the Petitioners alledge a quiet possession in
Mr. Mead and the Harvey s for many years past, and mention the
title of Mr. Herbert as if he had never stirred in it till encouraged
after Col. Codrington's arrival in the manner scandalously
suggested by Mr. Shipman without offering the least proof to
colour so great an imputation. It ap|>ears by the proceedings
that Herbert has been suing for the Plantation since 1686, and
(2) that defendants have constantly avoided coming to a fair
trial of their title. The father of the Minor Harvey rather then
run the hazard of a jury, chose to let judgement pass against
himself, and the Minor escaped a jury by an illegal admittance
of his especial plea, and that too a very false plea, so that by trick
and management, to say no worse, Herbert is neither allowed a
fair trial nor the benefit of a judgment regularly obtained, but in
the course of several years opprest by the interest of his potent
adversaries. If this be not, tnere never can be a case, wnerein
a good Governor ought to interpose his authority and take
effectual care that the course of Law and Justice be not stopt on
frivolous pretences. (3) From the said proceedings it appears
that Sir Nathaniel Johnson, a former Governor, did sit himself
as Chief Judge of the Court of Nisi prius, and Mr. Martin, who
appeared yesterday as a witness for Mr. Mead, did acknowledge
that Sir William Stapleton had done the like, and Mr. Cary did
attest that Sir Charles Wheeler and Governour Russell had
likewise done so, and there is no fact relating to that part of the
world more notoriously known then that the Chief Governoure
have at their pleasure appointed Judges, or sat themselves as
Judges, of this Court, although there was an Appeal from that
Court to them in Council ; that how improper soever, the usage
has been so, and I presume it cannot be pretended that
Col. Codrington's sitting in this Court when he had appointed
another Judge was more prejudicial to Mr. Mead than if he
24 COLONIAL PAPERS.
1702.
himself had sat as Judge, which according to the practice of his
predecessors it is not denied he might have done. (4) As to the
Court's refusing to appoint a guardian to the Minor Harvey, it is
a groundless complaint, there not being one single instance where
ever any Court in the Leeward Islands appointed a guardian
for a particular purpose. Guardians have never been appointed
save by the Governor. (5) As to the refusing an appeal in the
Minor's name, there is no instance of any writ of error allowed
in England in the like case, and no instance where an appeal was
allowed in the Leeward Islands in a judgment granted against
the Casual Ejector, except the appeal now allowed to Mr. Mead.
(6) As to the granting a writ of possession the next day after
judgment, there is no proof produced with regard to what is
alleged against Col. Codrington's conduct. (7) As to Col. Cod-
rington's conduct in Court, I presume the opinions of Mariner
Moulton and Solicitor Cole will be esteemed no evidence, and as
to the expressions which they particularly swear to, they are
such as well became a good Governour to use, who was not
willing to suffer a poor man to be any longer oppress'd by the
unreasonable delays of a wealthy and potent adversary.
(8) As to the designed delays complained of against Col. Codring-
ton in hearing Mr. Mead's appeal, I offer as satisfactory answer
the copy of proceedings attested under the hand of the Secretary
of Antigua, by which it appears that no delay was given by
Col. Codrington and that the appeal was actually heard Sept. 6.
As to Mr. Freeman's complaint (1) as to one moiety of the
Plantation there is no foundation for it, his Agent not pretending
to have been -in possession thereof or turned out therefrom.
(2) As to the other moiety, Mr. Freeman has produced no proof
on oath of what he alledges of the proceedings of the Justices or
the conduct of Col. Codrington on the application of his Agents.
(3) Even allowing Mr. Pogson's letters to be evidence, yet it nowise
appears that Col. Codrington had taken possession as is alledged,
but the contrary, for Mr. Pogson, hi all his letters, says that he
was still in possession.
As to Col. Norton's petition I need say little, being now dropt
by those who preferr'd it ; and 'tis pritty evident that it was
never intended to serve any other end but that of a seasonable
clamour, as perhaps it was thought, against Col. Codrington.
Signed, Arch. Hutcheson. 4 closely written pp. Enclosed,
30. i. Minute of Council of Antegoa. St. John's. Sept. 6,
1701. Upon hearing the errors assigned by Mr. Mead
against the judgment of an Inferior Court in the cause
between him and Thomas Herbert, the judgment
was affirmed. Mr. Jeffery Keck, Attorney for the
Terr-tenant prayed an Appeal, which was granted.
Copy. 3 pp. [(7.0. 152, 4. Nos. 79, 79.i. ; and
(urithout enclosure) 153, 7. pp. 367-377.]
[Jan. 14.] 31. William Penn to William Popple. Esteemed Friend, I
am informed by the Attorney General of the Laws lying before
him that concern our Province, and that two or three queries
AMERICA AND WEST INDIES.
1702.
came with them, wch. I have also perused . I beg that the LortU
Commissioners may know, first, that the Lawn 8ent wore the ~\mi
that the Solicitor General had reported in favour of before my
goeing for America, and next, that these tent are re-enacted with
an addition of 30 or 40 Laws more past at Philadelphia just before
my cmbarkment, which in my opinion will render this present
inquiry not so necessary, to be sure the hast of it, which I thought
beeanic m<- t. intimate t . khee, iod had nyieti to the Look,
if a sore leg had suffered me to have waited on them. I am with
due regards, thy assured and affecate. friend. Signed Wm. Penn.
P.8. I would be glad to know if the Lords [? will suspend Ed.}
their inquiry till the Laws come, which were to follow with the first
Endorsed, Reed. 14, Read Jan. 15, 170|. Holograph. 3 small pp
[C.O. 5, 1261. No. 41 ; and 5, 1289. pp. 330, 331.)
Jan. 15. 32- Council of Trade and Plantations to the Earl of
Whitehall Manchester. We send an account of stores and provisions of
war sent to the Plantations since Dec. 12, 1700, etc (see Jan. 12).
The demands herein made we conceive to have been made only in
view of a present defence against a surpri/e. Hut in case of war,
we are of opinion that a greater quantity of stores and materials
will be wanting in every one of H.M. Plantations, and that in the
chief and most considerable of them it will be necessary that
there be magazines of stores, as well for the defence of each
respective place and of their neighbouring Colonies, as for
annoying the enemy, who will be very watchful and active to take
advantage against any of H.M. Plantations, which in this con-
juncture are of so great importance to the welfare of England.
Signed, Stamford, Ph. Meadows, Win. Blathwayt, John Pollexfen,
Mat. Prior. Annexed,
32. i. List of Stores, etc, demanded as necessary for the present
defence of the Plantations. (1) Newfoundland:
Materials are wanting for building the Forts there,
whereof Col. Richards has sent an account to the Office
of Ordnance.
(2) Massachusetts Bay : desire in general that H.M.
would be pleased to send them cannon, small arms and
other stores of war for H.M. fortifications, and some
ships of greater force for the preservation of their coast.
Mr. Romer, the Engineer there, asks in a more particular
manner for the new fortification on Castle Island, 150 men,
with a good Commander and other subordinate Officers,
50 cannon of 24 to 18/6. ball, 2 mortars, granadoes and
bullets in proportion, 4,000 hand granadoes with their
fuzees, 600 firelocks, 400 heads for half pikes, two
Master Gunners and one Bombardeer.
New York : We have no new demand from thence,
since the stores mentioned in the enclosed list were
sent.
Bermuda : Stores have been sent thither according
to the enclosed list as demanded by the Governor.
26
COLONIAL PAPERS.
1702.
Jan. 15.
Whitehall.
Jan. 15.
Whitehall.
Bahama Islands : The Governor has desired 30 men
for the defence of tfre Fort, which we conceive the
Proprietors ought to take care of.
Jamaica : The stores mentioned in the enclosed list
were sent with Brigadier Selwyn.
Leeioard Islands: Antegoa desires 12 guns for a
small fort, 20 long sakers, 5 or 6 guns for a small
platform. Nevis have lately sent hither 600 match-
locks, which have been changed for the same number of
firelocks. They further desire 4 long sakers, six guns
12 pounders, six 18 pounders, a sufficient quantity of
shot fit for them, 500 saker shot, for the guns already
there, 20 barrels of cannon powder. They represent in
general that the battlements and platforms want
repairing, and that the carriages are greatly out of
order.
Barbados: Upon the Governor's coming to town,
who we hear is arrived on the coast, we shall be able to
see what they want, as we have by letter demanded of
him. [C.O. 324, 8. pp. 29-34.]
33. Mr. Secretary Vernon to the Council of Trade and
Plantations. The King has been pleased to appoint Mitford
Crowe to be Governor of the Barbados, which I acquaint you with
by H.M. command, that you may give the necessary directions
for preparing his Commission and Instructions accordingly.
Signed, Ja. Vernon. Endorsed, Reed. Read Jan. 16, 170. 1 p.
[C.O. 28, 6. No. 29 ; and 29, 7. p: 453.]
34. Journal of Council of Trade and Plantations. Letter
to the Earl of Manchester signed.
Letter from Col. Quary, Philadelphia, Oct. last, desiring that
any resolutions relating to the affairs of Pennsylvania may be
suspended till his arrival here, read. Their Lordships resolved
accordingly to wait some while.
Letter from Mr. Penn to the Secretary of this Board to acquaint
their Lordships that the Acts of Pennsylvania passed at Newcastle,
which are now in the Attorney General's hands, have been
re-enacted at Philadelphia with an addition of 30 or 40 new ones ;
and that they are in that manner to be speedily sent over hither ;
whereupon, he also offering that the consideration of those already
here may be suspended till the arrival of these last, their Lordships
agreed that he be acquainted that they will suspend their
resolutions for some reasonable time, and ordered withal that he
be directed to give effectual orders, if not already done, that the
said last Acts be transmitted hither without delay.
Letter from Gov. Blakiston, Aug. 2, read, and the account of
arms, etc., therein referred to, laid before the Board.
Mr. Merit waiting upon the Board in reference to the affairs
of Newfoundland, their Lordships communicated to him the
agreement made there by Capt. Richards with certain masters
of ships for transporting thither materials for the works, etc,
AMERICA AND WEST INDIES. 17
1702.
Whereupon he declared that he had himself two nhips designed
thither, in wh. he offered to transport about 150 tons. Latter
to the Board of Ordnance ordered to be prepared that they may
treat with him, and their Lordships thought not fit to write to
other merchants as had been ordered Jan. 6.
Letter from Lt.-Gov. Nanfan Oct. 20 read, and the papers
therewith transmitted laid before the Board.
The Secretary wrote to the Dep. Governor of the Hudson's
Bay Co. to press for an answer to a former letter of Jan. 12.
Their Lordships made some progress with the draught of a
Representation upon the State of Defence of the Plantations.
Jan. 16. Mr. Mitford Crowe presented a letter from Mr. Secretary
Vernon [see preceding]. Directions were given accordingly.
Two Members of the Hudson's Bay Company, with their
Secretary, acquainted the Board that, in pursuance of the letter
to their Dep. Governor, the Company are preparing a state of
their affairs, which they hope will be ready to lay before their
Lordships on Tuesday.
Mr. Hodges, applying for a copy of the late Representation
upon his complaints, was referred to the Council Office.
Letter to the Board of Ordnance signed and ordered to be
sent to Mr. Merrit.
Order of Council, Jan. 1st, upon the petition of Isaac Hawkins,
read, and directions given for preparing a Representation thereon.
[(7.0. 391, 14. pp. 288-295 ; and 391, 96. A T <w. 9, 10.)
Jan. 15 35- Minutes of Council of New York. Petition of Matthew
Clarkson, praying a license to purchase about 1 ,000 acres of land
more or less scituate near Demarez Creek, in Orange County, of
the native Indians Proprietors thereof, granted, provided the
purchase be returned to this Board within 12 months.
Committee reported that Le Coute's house [see Jan. 8], was
damnified to the value of HK and two chests of tools broken open
and near wholly taken away.
Patent granted to Abraham de la Xoy, Sept. 18, signed.
Col. Abraham Depeyster having received an order from the
honble. William Blaithwait, Auditor General of the Revenue of
this Province, to adjust the account of his salary with the
executrix of Col. Stephen Cortlandt, his late Deputy, had applied
himself unto her in order thereunto, but that she hath refused
to do the same, alleadging the impossibility thereof, the books of
accounts of the publick revenue not being in her possession.
Mrs. Cortlandt was ordered to appear, and was acquainted that
the books of accounts had been always in the hands of the
Collector, where she might have the perusal of them, when she
thought fit, and that now they should be lodged in
the hands of Col. Abra. Depeyster, the now Deputy Auditor,
during the time that the said account was adjusting between
them. Then Mrs. Cortlandt desired that the Gov. and Council
would nominate some persons to be her assistants in the framing
the account, and mentioned Col. Nicholas Bayard, her brother-
in-law, and Mr. Matthew Ling of this City, merchants,
2g COLONIAL PAPERS.
1702.
Whereupon the Governor and Council do desire Col. Bayard and
Mr. Ling to attend the Deputy Auditor General on her behalf
at the adjusting the said account. Mrs. Cortlandt desiring an
allowance for money her late husband had paid to Ducie
Hungcrford over and above the salary due to him for his office,
the Governor and Council do also desire Col. Bayard and Mrs. Ling
to attend the Deputy Auditor and the Receiver General together
with Robert Walters, one of the Council, in relation to the account
of moneys received by Ducie Hungerford. If they agree not,
then the Auditor to be umpire.
Jan. 16. The Governor acquainted the Council that the reason of his
convening them at this juncture was that he hath been informed
that several of the Inhabitants of this Province have framed
papers reflecting on the administration of this Government, that
several of the Inhabitants and others, together with most of the
soldiers of the garrison have been prevailed on to sign the same,
which they did without knowing what conteined therein, being
some of them informed that they should be freemen, some freemen
of the City, and some freed by signing the said papers. The
Council are of opinion that this matter may be of dangerous con-
sequence to the peace of this Government and therefore ought to
be further inquired into. Ordered that the matrosses of the
Garrison, together with several of the corporals, Serjeants and
private centinels should be called into the Council Chamber
severally and examined. Which being done it appeared that the
papers signed were an Address to the King, an Address to the
House of Commons, and an Address to the Lord Cornbury,
complaining of the oppression of H.M. subjects of this Province.
By some of the said oaths it appeared that Col. Nicholas Bayard
and Samuel Bayard, his son, were the chief actors therein ; that
they in a private room, in the Coffee House of this City, had
attended and offered the said papers to such persons who, by others
of their accomplices, had been prevailed on to sign the same, which
was subscribed chiefly by the most ignorant of the people, and
almost generally without knowing the contents thereof. Others
of the said Depositors set forth that John Hutchins, an Alderman
and one of H.M. Justices of the Peace for the City and County of
New York, who, keeping a publick house and retailing of strong
liquors therein, had sent and invited the souldiers to his house,
where they should have drink free cost, every one a double
tankard of March beer, and that thereon, almost all the Garrison
went to the said house, had drink free cost, and after drinking
were told by Mr. Hutchins that they should be Freemen of the
City of New York, if they would sign the said papers, which the[y]
did, not knowing or so much as inquiring into the contents, some
o/ the soldiers setting down the name of five or six others, and
one of the soldiers declared that Hutchins telling him he should be
a Freeman, if he would sign some papers Hutchins produced,
he signed five papers, and after signing looked the papers over
from bottom to top but could see nothing but a roll (as he called
it) of names. Ordered that the Messenger of the Council do
summons Hutchins to appear before this Board immediately.
AMERICA ANT) WEST INDIES.
He being aked for the said papers or authentic* copies of them
sayd that they were brought into hU house by he knew not who
and that several persons had signed them there, amongst which
he himself had signed, and that they were taken from thenoe
but by whom he knows not. He was ordered to appear to-
morrow and produce to this Board the three Address*; the
p. nalty that shall ensue thereon ; and that Col. Bayard and
Samuel Bayard appear to-morrow at 1 1 o'clock.
Jan. 17. The latter appearing were desired to produce the papers
mentioned above, which refusing to do, the same (a* they
alledged) being out of their power, and persisting that they had
done nothing that was illegal, ordered that they give in security
in 1,0001. each, with one security in 5001. to appear at nex't
Supreme Court and answer to an indictment or information to be
exhibited against them at the King's suit by the Attorney
General, which they did before the Chief Justice in Council, anil
withdrew.
Alderman Hutchins appearing and not bringing the said papers
or copies with him, but alledging his wife knew more of them than
himself, she was sent for and on oath declared that she received
them from Col. Bayard, and gave them about two days after to
a negro, but whose negro it was, or who sent the negro', she knew
not. Ordered that Capt. Hutchins apjxar on Mtinday and
bring the said papers or copies with him at his peril. [C.O. 5,
1184. pp. 601-606. J
Jan. 16. 36. William Popple to William IVnn. I have communicated
Whitehall, your letter relating to the laws of Pennsylvania to the Ix>rds
Commissioners for Trade and Plantations ; and their Ixmlships
understanding thereby that you desire they should suspend their
resolution upon those Acts, which are at present in the
Attorney Generall's hands, untill the arrival of the same and
some others which have been lately enacted at Philadelphia,
they have ordered me to let you know that they are willing to
suspend their resolutions upon the first mentioned Acts for some
reasonable time and doe thereupon further direct that (in case
it be not already done) you fail not to give effectual orders that
the last mentioned Acts be transmitted to them with all possible
expedition. [C.O. 5, 1289. p. 333.]
Jan. 16. 37. Council of Trade and Plantations to the Principal
Whitehall. Officers of H.M. Ordnance. We have understood from
Capt. Richards, the Engineer at Newfoundland, that the carrying
on the work, intended for the security of that country and trade,
is obstructed for want of materials and stone necessary for that
service, and that he had endeavoured to engage the Masters of
ships then there, by a writing, whereof the copy is here enclosed,
to bring such quantities at their next return as each of them
could conveniently, and sent home an Officer to represent the
same ; which Officer we doubt not will accordingly have applied
himself to your Board, and laid that matter before you. Upon
our endeavours to facilitate this design, Mr. Solomon Merrit nas
30 COLONIAL PAPERS.
1702.
offerred that two ships lying in the River of Thames, bound for
Newfoundland this season, shall take in about 150 tons, and that
he will speak to other merchants trading thither, that they may
assist in that work, and that he will write to Pool and Weymouth
to know what tunnage may be depended upon there for Portland
stone. We have therefore directed him to attend you with this
letter that you may have the opportunity of conferring or treating
with him as you shall find necessary for the advancement of so
necessary a service in this important conjuncture. Signed,
Stamford, Ph. Meadows, John Pollexfen, Mat. Prior. [C.O.
195, 3. pp. 26-28.]
[? Jan. 16.] 38. Attorney General to the Council of Trade and Plantations.
I have perused two Acts of Antigoa referred to me Dec. 4:
(1.) An Act to enable John Fry, junr., and George Thomas to
Bell 240 acres in the division of New North Sound for payment of
taxes and settling the maintenance of Samuel Winthropp, a
Minor, April 12, 1701. This, I conceive, is agreeable to Law and
Justice and doth not contain anything prejudicial to H.M. Royal
Prerogative.
(2.) An Act to enable Crawford, guardian of Elizabeth Rolt,
sole daughter and heir of James Rolt, to sell 130 acres for
payment of debts due thereon and for the maintenance of the
said Elizabeth, Aug. 11, 1701. This, I conceive, as it is penned,
will destroy the title of those that claim by conveyances made
by James Rolt, even for valuable considerations, if any such
were made, the sale to be made by virtue of this Act being thereby
made good against all claiming under Elizabeth's father. But
Mr. Richard Gary, having since the making of this Act purchased
the lands to be sold by virtue thereof, and the same having been
conveyed to him, he hath declared himself willing to disclaim
all benefit by the said Act to prejudice any right that may be
claimed under the said James Rolt other than by his heirs, and
hath executed a deed for that purpose, to be registered in the
Registry of the Island, which I send herewith, which if sent
together with H.M. approbation of this Law, I am humbly of
opinion H.M. approving thereof will not be prejudicial to any
person. Signed, Edw. Northey. Endorsed, Reed. Jan. 16,
Read June 2, 1702. 1 pp. [C.O. 152, 4. No. 80 ; and 153, 7.
pp. 442-444.]
Jan. 19. 39. Order of House of Commons. That the Council of Trade
and Plantations do lay before this House an account of their
proceedings for the improvement of Trade since their last
account laid before this House. [C.O. 389, 14. p. 231 ; and
389, 37. p. 238.]
Jan. 19. 40. The Governor and Company of Adventurers of England
Svl^oui tradin g mto Hudson's Bay to the Council of Trade and Plantations.
Ihe French with all their sophistry and equivocation have not
been able to disprove the Company's undoubted right to all
Hudson's Bay, etc. Proceed to state the present melancholy
AMERICA AND WEST INDIES. 31
1702.
prospect of their Trade and Settlement in Hudson'* Bay. None
of H.M. Plantations are left in such a deplorable state" an thorn
of this Company, for by their great losses from the French, both
in times of Peace as well as during the late war, as well as the
hardships they lie under by the Treaty of Ryswick, they may
be truly said to be the only Mourners 'by the* Peace. Tlie only
settlement they have now left in Hudson's Bay, of seven they
formerly possessed, is Albany Fort, vulgarly called Chechece wan,
in the Bottom of the Bay, where they are surrounded by the
French on every side, viz. by their settlements on the Lake*
and Rivers from Canada to the northward towards Hudson's Bay,
as also from Port Nelson, a/icw York Fort, to the Southward.
Besides this, the Company have by the return of their ship this
year received certain intelligences* that the French have made
another settlement at a place called New Severn, twixt Port
Nelson and Albany Fort, whereby they have hindered the Indians
from coming to trade at the Company's Factory at the Bottom
of the Bay, so that the Company have not received above one
fifth part of the returns they usually had from thence, insomuch
that the same doth not answer the charge of their expedition.
The Company being by these, and other their former misfortunes
reduced to such a low and miserable condition that without
H.M. gracious favour and assistance they arc no ways able to
keep that little remainder they are yet possessed of in Hudson's
Bay, but may justly fear in a short time to be deprived of all
their trade in those parts, which is solely negotiated by the
manufacturers of this Kingdom, humbly conceive they can no
ways be safe from the insults and encroachments of the French,
so long as they are suffered to remain possessed of any place in
Hudson's Bay, and that, in order to dislodge them, which the
Company are no ways able to do, a force of three men of war, one
boome (bomb) vessel and 250 soldiers besides the shipp company
will be necessary, whereby that vast tract of land, which is so
great concern, not only to this Company in particular, but likewise
to the whole Nation in general, may not be utterly lost to this
Kingdom. Signed, Wm. Potter, Secy. Endorsed, Reed. Read
Jan. 20, 170J. If pp. [C.O. 134, 2. No. 30; and 135, 3.
pp. 103-107.]
Jan. 19. 41. Minutes of Council of New York. Several other persons
being this day summoned to give evidence with relation to the
said papers [see Jan. 15-17], it appeared that several Frenchmen,
Aliens and several strangers, persons who had lately come from
England and the adjacent Provinces, and were only passing
thro' this Province to other Governments had signed the same,
and several boys of 15, 16, and 17 years had also subscribed to
them, not knowing what the contents thereof was, as they them-
selves on oath acknowledged, but were merely deluded thereto.
Alderman Hutchins attending [see Jan. 17], but not producing
the papers, it was resolved that he hath, to the manifest disturb-
ance of the peace of this Government, used diverse indirect practices
to procure mutiny and sedition amongst the soldiers, and by false
32 COLONIAL PAPERS.
1702.
pretences and giving them quantities of strong liquors has drawn
in numbers of them, prevailing with some to sign libels against
the administration of the Government here under H.M., and with
others to enter their names in rolls to be applied to such purposes
as he should think fitting, in manifest contempt and violation of
an Act of General Assembly of this Province, 1691, for the quieting
and settling the disorders that have lately happened within this
Province, and for establishing and securing H.M. present Govern-
ment against the like disorders for the future, and ordered (nemine
contradicente] that the High Sherif of New York do take into his
custody the body of the said John Hutchins and him in the
Common goale of this city in close custody to keep and secure
until he shall be from thence delivered by due course of Law,
and then a warrant issued accordingly.
Ordered that William Barns and Henry Fowler, two J.P.s of
the County of Westchester, together with Isaac Denham, High
Sherrif of the said County, appear before this Board on Thursday
seavennight.
On examination of Edward ^Marshall on oath relating to the
papers signed at Alderman Hutchins' house, it appeared that
Hutchins offerred them to him to sign, and on perusal thereof
he found his name subscribed thereto ; that it was not his hand-
writing, nor he knows not nor hath heard of any man of the same
name in the whole Province.
Jan. 20. The Address of Col. Nicholas Bayard, Rip Van Dam, Phillip
French and Thomas Wenham read and ordered to be entered in
the Council Book [see April 16, ii.]. Then it was ordered that
the said persons, who were attending without, should be called
into the Council Chamber, where they being present, it was
declared to them that they had in effect disowned the authority
of the present Governor by denying that he had succeeded the
Earl of Bellomont in this Government, and were severally required
to produce to this Board the copies of the said papers they owned
by the said Address to be in their possession, which they severally
refusing to do, the Governor told them that they were ill-advised,
and with the consent of the Council gave them time to produce to
this Board the said papers till to-morrow morning, 10 of the clock.
Jan. 21. After several persons had been examined relating to their
knowledge of or subscribing to the said papers, it appeared that
some of the said papers conteined these heads, vizt. (1) That
Abraham Gouverneur, the Speaker, was an alien ; (2) that the
Assembly had passed several Acts to the prejudice of the
country ; (3) that the Governor had assented to the said Acts by
reason the Assembly had given him a present for so doing ;
(4) that the Assembly had given the Chief Justice a bribe to
find Law and form for their illegal proceedings ; (5) that the
late Earl of Bellomont had putt out of offices the most ingenious
and sensible men, and had putt in the scum of the people ;
(6) that the present Governor hath kept the most ingenious out
of offices and the scumme of the people continue in the said
offices, to the making the Government vile and cheap in the eyes
of the people.
AMERK \ \YD WEST rm>WL 38
1702.
Then the Governor acquainted the Council that after they had
rose yesterday he had thought proper to send the Address of
Bayard, etc., delivered to him yesterday, to the Attorney
>ral, who had been present during the examination of the
witnesses concerning the said papers, except only what was
taken this day, for his opinion in Law therein, and had directed
him to attend with the same. Whereupon the Attorney General
was called into the Council Chamber and there delivered to the
Governor his opinion under his hand, which was read and ordered
to be entered t Upon the whole my opinion in Law is (1) that
neither the Address or Petition itself or any matter therein
contained is criminal or illegal ; (2) that the refusal of the Petitioners
^jj Council Boar d to produce the copies of certain original
Addresses mentioned in their petition, owned by them to be in
their custody by their petition, also is not such a contempt to the
Council or other offence against the Law for which the Petitioners
may legally be committed. Signed, Sa. Sh. Broughton.
The Attorney General having been asked his reason and grounds
for the said opinion, and offering no authority or reason in Law
to justify the same, it i.s the opinion of this Board that ho hath
not discharged his duty as Attorney General.
Then Col. Bayard being called in and asked for the copies of
the papers he was yesterday ordered to bring to this Board, lit*
answered that he had not 'brought them with him. neither did
he design to bring them, and Rip van Dam. Phillip French and
Thomas Wenham likewise. Mr. French told the Council that they
should see them one time or other, and that this method of forcing
the papers from them looked not like liberty. Then the said
persons being ordered to withdraw, it is tne opinion of the
Governor and whole Council that it has appeared by the oath*
of several persons examined in Council that Col. Bayard by
combination and conspiracy with John Hutchins, lately com-
mitted by this Board, together with several other disaffected
persons to this H.M. Government, to the manifest disturbance
of the peace of the same, by diverse indirect practices hath drawn
in souldiers and others to sign scandalous libells, whereby they
have endeavoured to render the past and present Administration
vile and cheap in the eyes of the people, and he, Nicholas Bayard,
hath incited the people to disown the present authority, and to
cast off H.M. Government as it is now established. The Council
have unanimously thought fit and do resolve that the said
Nicholas Bayard be committed for High Treason, and ordered
that the Clerk of the Council do prepare a warrant for that purpose
immediately. It is also the opinion of this Board that Rip van
Dam, Phillip French and Thomas Wenham have further time,
till Monday morning next at 10 of the clock, to produce the said
papers, who were called in and acquainted therewith.
The warrant for committing of Col. Bayard was signed and
sealed by the Governor and the whole Council present. Col. Bayard
and the High Sherif were called in, and the warrant read, and
delivered to the High Sherif to execute. Then Col. Bayard desired
*+ *
O 8
34 COLONIAL PAPERS.
1702.
liberty of appealing to H.M., and was answered that he might do
as he thought fit in that matter. [C.O. 5, 1184. pp. 606-612.]
Jan 20 42. Journal of Council of Trade and Plantations. Order of
Whitehall. Council, Jan. 8, upon the administration of Justice in Barbados
read. Directions given for inserting an Article in Governor
Crowe's Instructions.
Order of Council, Jan. 8, as to two Acts of Barbados, read.
Order of Council, Jan. 8, relating to some firelocks for Nevis,
read.
Order of Council, Jan. 1, appointing Mr. Jennings Secretary
of Virginia, read.
Sir Stephen Evans, Mr. Samuel Clark, Mr. Young, Mr. Perry
and other Members of the Hudson's Bay Company presented their
Representation, which was read. Being asked what proportion
they would bear of the charge of sending the ships and men wch.
they desired for the recovery of the places that have been taken
from them by the French in Hudson's Bay, and the support
of their Trade there, they answered that the losses which they
have sustained by the French in those parts, not only in time
of war, but also in peace, have been so very great that they are
scarce able to carry on any trade thither, and much less to bear
any part of the charge of such an expedition. However, in further
explanation of their proposal, they said that one 4th-rate and
two 5th-rate men-of-war, with a bomb vessel and 250 land-men
would in their opinion be sufficient to beat out the French from
those parts ; and that those ships (if sent) ought to part from
hence about the middle of May, and, staying there till about
Sept. 20 at farthest, they might be expected back here in October.
Letter from Lt. Gov. Bennet, Oct. 31, read. Letters etc.
enclosed laid before the Board.
Progress made with Representation relating to the defence of
the Plantations.
Order of the House of Commons, Jan. 19, requiring this Board
to lay before them an account of their proceedings for the
improvement of Trade since their last account, read. Directions
given for collecting the heads of matters accordingly.
Jan. 21. Mr. Cater ordered to attend to-morrow upon Mr. Hawkin's
petition.
Further progress made with Representation upon the state
of defence of the Plantations.
Jan. 22. It being intimated to the Board that the Lord Grey arrived in
town last night, ordered that the Secretary write to him. [See
Jan. 22.]
Letter from Col. Codrington, Antego, Nov. 10, read. Direc-
tions given for preparing an answer. Ordered that the Secretary
write to Mr. Sansom [see Jan. 22]. Papers transmitted by Col.
Codrington laid before the Board.
Upon^the petition of Thomas Elliot etc., a copy of the Solicitor
General's Report, upon an Act of Antego relating to Blubber
Valley Plantation, was ordered to be given to them.
AMERICA AND WEST INDIES. 35
1702.
Letter from Mr. Atwood, New York, Oct. 20, read. Directions
B'ven for an answer. Ordered also that notice be given to
r. Sansom of what he writes relating to the Custom House
Officers. Papers enclosed laid before the Board.
Upon consideration of the letter to be writ to the Governors of
Plantations relating to appeals from the Admiralty Court* ,
ordered that the Secretary write to Mr. Burchet to desire a list
of the Vice Admiralty Commissions for the Plantations which
are now in force. [(7.0. 391, 14. pp. 295-305; and 391. 9.
Noa. 11-13.]
Jan. 20. 43- Minutes of Council of Barbados. 25/. paid to Edward
Jordan, senr., and Abell Alleyne for a negro executed for robbing
the latter.
25f. paid to Dr. William Springham, Win. Hunt and Mrs. Sarah
Martin for a negro executed.
Petitions of Nicholas Baker, Thos. Stewart, William L<ak,
William Chearmley, for drawbacks on wine turned sour, recom-
mended to the Assembly.
There being very great scarcity of provisions at this time in
this Island, Proclamation ordered to be published bv beat of
drum in the several Towns prohibiting the exportation of any
provisions more than what is necessary for the ships' use.
Members of Council and Assembly ordered to be summoned to
meet on Friday next upon some business of extraordinary moment
tending to the safety of this Island, which requires expedition.
The Ministers and Churchwardens having returned their
Collections, pursuant to the late Brief for the relief of poor Houses
keepers and other indigent persons in the parishes of St. Phillip
and St. Lucy, amounting to 015/. 3s. Jk/., and 10/. 10*. promised
and 70 bushels of Guinney corn etc., ordered that they pay their
collections into the hands of James Chaband. there to remain
till further orders from the Commissioners appointed to distribute
the said Charity.
Petition of Joseph Charnock, Commander of the Patrol, setting
forth that he had been very ill treated by Mrs. Agnew and her
son Stewart when he was upon duty, read and referred to *
Committee to enquire into. [C.O. 31\ 6. pp. 121-125.]
Jan. 20. 44. Lt. Gov. and Council of New York to the Council of
New York. Trade and Plantations. We take the liberty to acquaint your
Lordships with so much as we are yet able to discover of a
conspiracy to raise sedition and mutiny here, and to defame the
administration of the Government of this Province under H.M.,
which appears to have been carried on by a factious party, the
head of which is one Col. Bayard, of foreign birth, a man never
easy under an English Government, and others are very angry
that they cannot break the Laws of Trade with impunity. That
they might intimidate those who are intrusted with the
administration they have used vile arts to seem formidable, though
few of the Englisn inhabitants of this Province, in comparison
with the true English subjects who inhabit it, joyn with them,
36 COLONIAL PAPERS.
1702
and the most are souldiers inveagled by false pretences, common
seamen, sojourners, boys and such as have been only passengers,
together with Dutch and Frenchmen, of which many are Aliens,
some names are twice over, and very few of them understood
what they signed to ; they seek to impose upon H.M. and the
House of Commons, as if they transmitted to them the complaints
of the English of this Province. But wee assure your Lordships
they have not applyed to us for redresse of any pretended
greivances, nor do we know of any reall, and while we execute the
authority entrusted with us to the best of our understandings, we
doubt not of H.M. approbation and the protection of your
Lordships. Signed, John Nanfan, A. D. Peyster, S. Staats,
R. Walters, T. Weaver, W. Atwood. Endorsed, Reed. 14th,
Read April 27, 1702. 2 pp. Annexed,
44. i. Abstract of preceding. 1 p.
44. ii. Copy of Minutes of Council of New York, Jan. 16, 170J.
Endorsed, Reed. April 14, 1702. 2f pp.
44. iii. Copy of Minutes of Council of New York, Jan. 17,
170. Same endorsement. 1 pp.
44. iv. Copy of Minutes of Council of New York, Jan. 19, 170J.
Same endorsement. 1| pp.
44. v. Copy of Minutes of Council of New York, Jan. 19, 170J.
Same endorsement, f p.
44. vi. Copy of a Warrant for the commitment of John
Hutchins, Alderman of New York, concerned in the
three Addresses against the present Administration in
New York, Jan. 19, 170|. Signed, John Nanfan,
A. D. Pey'ster, Saml. Staats, Robt. Walters, T. Weaver,
Win. Atwood. Same endorsement. 2 pp. [C.O. 5,
1047. Nos. 33, 33.i.-vi. ; and (without enclosures) 5,
1119. pp. 122-125.]
Jan. 21. 45- Lieut. Governor and Council of New York to the Council
New York, of Trade and Plantations. Since ours of yesterday we have
received further evidence concerning a conspiracy to disturb the
peace, good, and quiet of H.M. Goverment, and it appeares very
manifestly to us that Col. Nicholas Bayard is the chief promoter
of it, and that it is of such a nature that if some example be not
made, H.M. Goverment here will be (as they represent it) vile
and cheap in the eyes of the people. Signed as preceding.
Endorsed, Reed. 14th, Read April 27, 170 \. 1 p. Enclosed,
45. i. Copy of Minutes of Council of New York, Jan. 20, 1702.
Endorsed, Reed. April 14, 1702. 2 pp.
45. ii. Copy of Minutes of Council of New York, Jan. 21, 170.
Same endorsement. 3f pp.
45. iii. Copy of Mittimus for the Commitment of Col. Bayard
for High Treason. Signed, John Nanfan, A. D. Peyster,
S. Staats, Robt. Walters, T. Weaver, W. Atwood.
Same endorsement. 2 pp. [C.O. 5, 1047. Nos. 35,
35.i.-iii. ; and (without enclosures] 5, 1119. pp. 125-127.]
\MERICA AND WEST INDIES.
37
1702.
Jan. 22. 46. Council of Trade and Plantation* to Lord Grey. We
Whitehall, desire you would please to furnish us with an account of the state
of defence of Barbados as soon as possible, in order to perfecting
our report upon the state of defence of all H.M. Plantations 5
America. Signed, Stamford, Ph. Meadows, Wm. Blathwavt
Fno. Pollexfen, Mat. Prior. [C.O. 29, 7. p. 461.]
Jan. 22. 47- William Popple to John Sansom. The Council of Trade
Whitehall, and Plantations command me to acquaint you, for the information
of the Commissioners of H.M. Customs, with what Col. Codrington
writes Nov. 10 last relating to illegal trade in reference to
AnguilJa and Spanish Town (quoted). Also with Mr. Atwood's
observations Oct. 20 last (quoted). [C.O. 153, 7. pp. 387-389.)
[? Jan. 22.] 48. Thomas and Elizabeth Elliot to the Council of Trade
and Plantations. Praying for a copy of the Solicitor General'*
Report upon the Act of Antego relating to Blubber Valley
Plantation. Endorsed, Reed. Read Jan. 22, 170J. I p. [CO
152, 4. No. 81.]
Jan. 22. 49. Minutes of Council of Xcw York. The Governor and
Council being informed that rumors have been spread in this
Province as if severity and the utmost rigor of the Law would be
used against all such persons as have been deluded to sign false and
scandalous papers against the Goverment, it is ordered that a
Proclamation issue declaring it to be the intent of this Goverment
not to punish any person or persons who have been deluded
thereto, but onely the chief promoters and incouragers thereof,
and requiring all H.M. officers, civil and military, to use their
utmost endeavours for the keeping the peace and quieting the
minds of the people disturbed by the base and wicked arU of
men, to whom the Laws of England and an English Goverment
are the greatest grievance.
Jan. 23. Petition of Robert Walters read, praying a license to purchase
vacant land in the County of Suffolk of the Indian natives, and
granted, provided the said purchase be made in 12 months.
The Governor made oath in Council that he had not opened
the box of pacquetts he delivered to Capt. Darkins to carry to
the Ministers of State in England since the signing of the papers
against the Goverment was first declared to him.
Jan. 24. Petition of Johannis Hardenbrook and others, on behalf of
themselves and several other of H.M. subjects of this Province,
was read, and the said persons having taken the oaths appointed,
and subscribed the Test and Association, it was ordered that the
Clerk of the Council do prepare a certificate thereof, and that
the Seal of the Province be affixed to the same as desired by
petitioners.
The Proclamation ordered Jan. 22 was approved of. [C.O. 5,
1184. pp. 612, 613.]
[ Jan. 23.] 50. Memorial on the petition of Isaac Hawkins to the Council
of Trade and Plantations. Refers to Aw Petition, Dec. 1 2, 1 700, etc.
38 COLONIAL PAPERS.
1702.
Your Lordships having sent the said petition to the Governor
and Council of Barbados for their answer, they have not denied
the truth thereof in any letter to your Lordships which has been
communicated to Petitioner. So that it plainly appears that
Barbara Newton and Petitioner (who is only an executor upon
trust for several infants, her grandchildren) have been kept out
of a just debt of 5,9151. due on bond for about 12 years past, and
that this has hapned by the partiality of the Judicature in that
Island, where persons parties in interest and unknowing in the
Law have the whole administration of Justice. Petitioner does
not think their Lordships' recommendation of Feb. 6, 1701, will
make any the least amendment in what is complained of, because
(1) It is already the constant practice there that all such of the
Council, or other Judges as are named in any suit, do go off the
Bench when any cause comes on wherein they are named
plaintiffs or defendants, and the first petition does not complain of
any such person sitting to give judgment, but of persons
interested therein, who are not directly named. (2) It may not
appear to the Court or Governor who are interested in a suit, or
the consequence thereof, otherwise than by their being named
in the action, and if it could appear to the Governor that any of
the Council were interested in the consequence of any suit that
was before them, yet he could not hinder their sitting Judges
unless they were directly named as parties therein, for though
the Members of that Council are made by the King's Mandamus,
yet, while they continue such, they have their power of judicature
by a late Law of that Island, with which the Governor cannot
dispense, so that the Governor cannot obey the directions of the
said Report, if it be extended any further then to persons named
in the suit, which was not complained of.
Petitioner humbly conceives that it is apparent to your
Lordships that he complains that persons fitly qualified by their
knowledge in the Law and disinterested are not appointed to be
Chancellors and Judges, as in H.M. other Dominions, and that
instead thereof merchants, planters and other inhabitants,
unknowing of the Law, and by reason of their trade and dealings
often engaged and interested in suits of Law, should be Judges
of those Courts, whereby too many of them may be tempted to
engage in a mutual interest to avoid paying just debts by long
delaies, and wholly to escape them at last by wrongful judgments
and decrees. Against an alteration in this Petitioner knows noe
objection but that it would be against the antient constitution
of that Island. But on the first settlement of that Island, when
suits were few, and for inconsiderable matters, and when they
used to be decided in a summary way by some of the principle
inhabitants, the administration of Justice there by persons not
versed in the Law might be sufficient, but since the great increase
of the traffick, wealth and laws of that Island, the number of
suits are much increased, insomuch that about 1,200 suits were
lately depending there at one time, and of late years, since the
resort thither of persons professing the Law, more niceties and
AMERICA AND WEST INDIES. |9
1702.
difficulty in the forms of proceedings have been introduced
than are used in England, which noiHikm iUHJ delaies,
and it is now become much more difficult to administer justice
there then it was formerly, wch. makes it absolutely necessary to
have some persons to preside in those Courts capable to rcimiMi
those growing evils. The great distance of that Inland and the
charge and trouble of Appeals makes it much more necessary to
have Justice well administered. The Constitution of that Island
cannot be called ancient, since it has been under a roval govern-
ment only since the Restoration of Charles II, and has received
many alterations since, etc. The only question then in, whether
it be most for the King's service and good of hi* people that
Justice should be administered by such as understand it, and are
not parties in interest, or by such as do not understand it and are
parties interested. Endorsed, Reed. 23rd, Read Jan. 27, 1704
2| pp. [C.O. 28, 6. No. 30.]
Jan. 23. 51. Journal of Council of Trade and Plantations. Upon
Whitehall, reading an Act of Bermuda to prevent the oppression an//
extortion of officers, referred to by Capt. Bi-nnet, Aug. 28, their
Lordships thought fit to suspend any resolution thereupon till
Mr. Jones may have been heard upon the crimes that are imputed
to him, or have transmitted his answer thereunto.
The Lord Grey attended with Mr. Bridges and Mr. Eyles,
Agents for Barbados, and said that he was preparing a Memorial
relating to the defence of that Island, which they promised to
lay before their Lordships to-morrow. They now laid before
the Board a copy of Mr. Skene's Memorial with an answer to it
under the public Seal, signed by all the Council of that Island, as
[likewise an Act for a present* of 2,000/. sterl. to his Lordship,
Nov. 17 last, upon which his Lordship desired this Board wd.
favour him with a report that he may have liberty to receive the
same.
Further progress made with Representation on the defence of
the Plantations.
Jan. 24. Letter from Sir William Beeston, Jamaica, Oct. 20, read.
Mr. Bridges presented to the Board Lord Grey's Memorial on
the state of defence of Barbados, which was read.
Representation upon the State of Defence of H.M. Plantations
in America was finished, and signed, and transmitted in a letter
from the Board to the Earl of Manchester.
Ordered that the Secretary acquaint the Lord Grey as Jan. 26.
[C.O. 391, 4. pp. 305-308; and 391, 96. Nos. 14, 15.]
Jan. 23. 52. Minutes of Council of Barbados. Ordered that an order
issue out to the Colonels of Militia requiring them to exercise onoe
a week for four weeks from Saturday next, and that they order
the stores and arms in their Regiments to be inspected.
Bill to raise a further strength of Labourers to clear the trenoBH
and repair the fortifications, sent up, was read three times and
passed.
40 COLONIAL PAPERS.
1702.
Bill to appoint watches in the respective Towns read the first
time and ordered to lie upon the table for further consideration.
Benjamin Monta and Amanuel Levy, mercht., granted leave
to carry off the Island provisions shipped by them before the
recent Proclamation was published, upon bond and oath as to
the transaction being bona fide. [C.O. 31, 6. pp. 125, 126.]
Jan. 24. 53. Lord Grey to the Council of Trade and Plantations. Upon
a strict survey of the Ports and Batteries in Barbados, I found
in 29 Forts and Batteries which are there 308 guns of divers
natures, viz. 2 demi-cannon, 75 culverin, 108 demi-culverin,
101 saker, 22 minion. But of this number there were not above
58 serviceable guns, and them of such natures as are not proper
for the Forts and Batteries, being small short ship guns. Most
of the Forts and Batteries were out of repair and will require a
very considerable sum of money to put them into a condition of
defence. Upon consideration of what will be necessary for the
defence of that Island, it is my opinion that such of the Forts
and Batteries as may be most useful be forthwith repaired, and
that there be sent thither at least 100 great guns of 12 foot long
together with a suitable proportion of shot and all other Ordnance
Stores needful for them. There is a want of small arms, shot
and other stores necessary for the defence of the Island in a time
of war. Signed, R. Grey. Endorsed, Reed. Read. Jan. 24,
170J. 2 pp. [C.O. 28, 6. No. 31 ; and 29, 7. pp. 462, 463.]
Jan. 24. 54. Lt. Gov. Nanfan to the Council of Trade and Plantations.
New York. In obedience to your Lordships' commands, Oct. 8 last, I can
assure your Lordps. that the complaints of Capt. Wake and his
owners against our Collector, Mr. Weaver, appear to be only
because of the faithful discharge of his duty. The order of the
Commissioners of Customs to which they refer is so far from
discharging the ship, that they say upon search of the General
Register it appears that she was registered Aug. 10, wherefore
they order him to discharge her, if there were no other cause,
whereas she imported goods July 17 before. Refers to Chief
Justice [A twood's] letter. A copy of the judicial proceedings is
sent to Mr. Champante, in order to defend against the Appeal.
The Attorney General neither in this nor in any other matter
appears to have discharged his duty, whether from want of ability
or will, I need not determine, but am sorry to say there is reason
to suspect both. Signed, John Nanfan. Refers to enclosed
Proclamation. Endorsed, Reed. 14th, Read April 27, 1702.
3 pp Enclosed,
64. i. Copy of Proclamation for quieting the minds of the
people of New York, upon occasion of the commitment
of Mr. Hutchins and Col. Bayard. Fort William Henry,
Jan. 24, 170J. Signed, John Nanfan. [See Jan. 22.]
Endorsed, Reed. April 14, 1702. 1| pp. [C.O. 5, 1047.
Nos. 36, 36.i. ; and (without enclosure] 5, 1119.
pp. 127-129.]
AMERICA AND WEST INDIES. 41
1702.
Jan. 24. 55. Council of Trade and Plantations to the Earl of
Whitehall Manchester. Enclosing Representation to be laid before the
King. Signed, Stamford. 1'h. Meadows, Wm. Blathwavt John
Pollexfen, Mat. Prior. Enclosed,
55. i. Council of Trade and Plantations to the King. Refer
to Representations of Jan. 10 and 25, 1701, and letters
to Governors upon Order thereupon. Having received
answers from several Governors and further considered
the condition of those parts with relation to the preaent
conjuncture, we humbly represent that, Newfoundland
is of great importance for the fishery. The place of
chief strength in it is St. John's Harbour, which is now
fortifying by your Majesty's order, and the garrison
there by the establishment consists of 80 private
soldiers besides officers. We have been informed from
Capt. Richards, the Engineer, that great quantities of
materials were wanted from hence for finishing the Fortu,
and that he had engaged several Masters of ships to
bring each of 'em such proportions in ballast at their
next return thither, as conveniently they might, of
which we have given notice to the Office of Ordnance,
and are transacting with the merchants and owners of
ships what in us lies for the furtherance of this service.
We have also received letters from Capt. Powell, Com-
mander of the soldiers there, complaining of want of
subsistence, cloathing and other necessaries for them,
and the season now approaching for ships to go to those
parts if permitted and secured by a convoy, we are
numbly of opinion that a fitting supply be made
according to the particulars which we shall lay before
your Majesty.
On the Continent your Majesty has a Dominion of a
very large extent, which at present requires a more
especial care. As to the more Northern parts,
Col. Romer, the Engineer sent thither by your Majesty,
having surveyed all the coast from St. George's River to
Boston, and sent us* draughts of the principal Bays and
Harbours, we have already laid before your Majesty the
condition of several places on that coast, which are
thought necessary to be fortified, and do further take
leave to give your Majesty the following account. About
five leagues to the Westward of St. George's lies
Pemaquid, a spacious River and of great consequence
as covering three other Rivers. At the entrance of this
River, within two Leagues of the Main Sea, formerly
stood a Fort, which in the late war, at the approach of
two French men of war, with 100 soldiers and 500
Indians, was surrendered by a garrison appointed by
the people of New England, and demolished by the
said French and Indians. For the security of this Port
and Harbour, and of all that country, and to encourage
42 COLONIAL PAPERS.
1702.
the people to settle there as formerly, Col. Romer advises
that a good Fort be built in the same place or there-
abouts : and for its better defence, in case of an attack
from the sea, that a battery be raised on the next point
of land, and a Redoubt or Round Tower on John's
Island. Piscaiaway is a River of great importance to
Trade and the security of that country, being the
boundary between the Province of Main and New
Hampshire. On Great Island, so-called, at the mouth
of the River, is a Fort of 30 guns on New Hampshire
side, but incapable of defending the River. The place
where it stands is said to be very proper for building a
new Fort, such as the growing Trade of that place and
country requires. Col. Romer has sent a design thereof,
and adds that a strong Tower on the point of Fryar's
Island, a Battery on Wood Island, and another Battery
on Clark's Island would be very necessary.
The Massachusetts Bay has in it many Islands, the
chiefest whereof is Castle Island, not far from Boston,
upon which is a Fort for securing the passages and the
channels of the Bay. By a Memorial and two Addresses
to your Majesty from the Council and Assembly of that
Province, they represent their unwillingness to comply
with what has been required from them for their own
defence, and towards the building of Forts in the
neighbouring Province of New Hampshire, as well as with
the quota of 350 men to be furnished by them in case
of necessity for the security of the frontiers of New York,
alleging for excuse the charge they have been at in
building a small fortification at Casco Bay, 50 miles to
the Eastward, and their being now actually at work in
raising fortifications on Castle Island, which they esteem
to be the place of the greatest consequence ; and
representing withal that the Fort at Pemaquid, which
they were required to build, would be useless to them,
as well as too chargeable, which places, nevertheless,
being within their territories, is generally esteemed of
great security to those Eastern parts bordering upon the
French. They further humbly signify their desire that
your Majesty would be graciously pleased to assist them
with cannon, small arms and other stores of war for the
fortifications there, as also that some ships of war of
greater force than those at present hi that station may
be sent for the better guarding of the coast in case of
war. To this we humbly add what Col. Romer writes
[Col. 1701]. Upon which we humbly offer that your
Majesty would be pleased to send thither some cannon,
and such a quantity of the small arms demanded as your
Majesty may think fit, as also to constitute a Governor
and Lieut. Governor fit and proper to assert your
Majestie's authority in those parts ; and also well
AMERICA .\.\li WEST INDIES
1702.
. Governo
ES r
all I rc^ct, for tr farthr defenc
a **
negligent of their owtJ M*/ becn
your Majesty would l". , j'J5-**?& " er thst
due preplrafionH ^t^^tS "^ *" ?**
assist their neighbours of V V, ? . rc<Ml - v to
In the Province of x En
,
And whereas this Province has been at great charee
for its own defence during the late war, and J ffi
to sustain the continuance of such a charge without ^mt
help your Majesty has been pleased further to 32
them upon several occasions with stores of war, and
vith 3 ^^ 011 -^ ^ Uding f the ^^ Cornbury tiuther
with a considerable quantity of ammunition But
for the contributions which we did propose to your
cLr ^ * s adc b f other "SSL SS
x>ntinent, and in order whereunto your Majeatv wai
SSJS 8end , letter8 to * respective Governor* 2
Proprietors we have understood that the said Plantations
have generally declined it, without giving any sufficient
44 COLONIAL PAPERS.
1702.
reason, and we humbly offer that your Majesty's Orders
be renewed to those Plantations in the most pressing
terms, that they do comply with your Majesty's
directions therein as a matter of common benefit and
security.
The Provinces of East and West New Jersey are
without any new Forts or places of defence, and being
Proprieties where no regular government hath ever been
established, the great disorders amongst them have now
inclined the Proprietors to make application to your
Majesty to accept of a surrender of their pretended
right of government, and to put them under a Govern-
ment appointed by your Majesty's immediate Com-
mission, which matter is now transacting, and a Form
of surrender expected from your Majesty's Attorney
General. Upon your Majesty's taking that government
into your hands, fitting care may be taken for the security
of those parts, which under the present circumstances
cannot be duly provided for.
Pensilvania is likewise without fortifications, and in
no state of defence, nor has any progress been made
therein by the Proprietor, notwithstanding our instance
to him on that subject by order of the Lords Justices.
Maryland and Virginia, being large territories and
lying open by great Rivers, cannot be so well secured
by fortifications, but in both those Provinces there is a
well regulated Militia, and places of Rendezvous
appointed for any occasion ; besides stores of arms and
ammunition, which should be from time to time supplied.
North and South Carolina are under Proprietors who
do not take due care to put that country into a state of
defence, notwithstanding their being so expos'd by the
neighbourhood of the Spaniards. We therefore judge it
necessary to the public service that the said Proprietors
be quickened by an immediate Order from your Majesty
to perform their duty herein.
The Bahama Islands lying before the Gulf of Florida
and in the way of all ships that come from the Havana
and the Bay of Mexico, it is of great consequence to
your Majesty's service that they be preserved from an
enemy ; they belong to Proprietors who ought to take
care of them. But we have not been able to dispose
those Proprietors to such complyance as was proper for
your Majesty's service ; the Governor has lately desired
some force to keep the Fort there (built for 32 guns),
which being of immediate concern to the Proprietors,
we are humbly of opinion that they shou'd take
care in this matter, and that your Majesty would be
pleased to signify your directions to them accordingly.
In the Bermuda Islands there are five little Castles,
three of which lying at the entrance of the easiest
AMERICA AND WEST INDIES. 45
1702.
to those Islands, arc most considerable but
many of the platforms were decayed and the 'gun*
unserviceable, and stores and ammunition were wanting
which upon our Representation have bean supplied!
Capt. Bonnet has prevailed with the Assembly to pass
an Act for repairing their Forts, and has caused trenches
to be cast up in all places where an Enemy may most
probably attempt to land. So that we hope by his
care, and the arrival of the stores that have been lately
sent thither, and the Company of Foot which your
Majesty has there, that Government is now in a (rood
state of defence.
To Jamaica (see Ca/., Jan. 25, 1701) your Majesty sent
two Regiments of Foot with stores and Ammunition
with Brigadier Selwyn, which will require a reinforce-
ment at such time as your Majesty may think fit, this
Island lying as it were in the centre of the Spanish West
Indies and the French settlements. Sir W. Beestson gave
us an account that he had yet no news of your Majesty's
squadron under the command of Vice-Admiral Benbow ;
but that 26 sail, supposed to be French, having been
seen Sept. 20 to windward of Martinico, had further
engaged him to put the Island into as good a posture
of defence as he could. [See Cnl.. 1701.]
As to the Leeuwrd Island*. at St. Christopher* there
is a Fort called Cleierly Point Fort, where 20 guns are
mounted, Brimstone Hill Fort, where there are 12, and
a small platform which has six. There being 30 pieces
of cannon brought out of the French part of this Island,
during the late war. Col. Codrington has given directions
for the mounting and placing them with all sj>eed ; which
being done, he conceives that there is not occasion at
present for more Artillery there ; nor does he specify
any further want relating to the defence of the Island*;
but represents the danger of it to be greater than any
other, by reason of the French being possessed of one
half, and the fate of it likely to be decided upon the
breaking out of a war.
At Antego are several little forts and platforms. The
Governor proposes the sending of 20 long sakers, which
may serve as well against the Indians as any other
enemy ; as likewise the building a small Fort at Parham,
for which he desires 12 guns. He would al*o make
a new platform in another place, where privateers in
time of War, and unlawful traders in time of Peace are
very busy. He further adds the great want of small
arms in this Island.
At Nevis Col. Codrington represents the want of new
carriages for the guns, and desires further long sakers,
5 guns, 12 pounders, and 5, 18 pounders, with a
sufficient quantity of shot for 'em, and 500 saker shot
46 COLONIAL PAPERS.
1702.
for the guns already in the Fort and Platforms, together
with 20 barrils of cannon powder. Your Majesty having
been lately pleased to order 600 firelocks to be sent to
this Island, for as many matchlocks returned from thence,
we are humbly of opinion that upon the receipt thereof,
they will be sufficiently provided with small arms.
As to Montserat, the Governor represents the Island as
able to defend itself ; but fears a danger from within,
most of the inhabitants being Papists.
Barbados to the Windward is naturally fortified by
rocks ; and for defence of the Leeward side, which is
most exposed to an enemy, there is now a trench of
1ft. broad by 5ft. deep all along the coast, and behind
that a brest work of loose sand about 6ft. high and
3 foot broad at the top. There are also on that side
several redoubts and at Bridgetown two forts, one at
the entrance of the Road and the other within, which
are the defence of that Town and Road. We have
received from the Lord Grey, since his arrival, a
Meml. of what may be necessary for the defence of
this Island. Upon a strict survey of the Fortifications
by himself and Commissioners appointed for that purpose,
he found in 29 Forts and Batteries 308 guns of several
sorts, of all which only 58 were serviceable ; most of
the Forts and Batteries were out of repair. His Lord-
ship offering his opinion (upon consultation with the
most experienced inhabitants of the Island) that such
of the Forts and Batteries as may be most useful be
forthwith repaired, and that there be sent thither at
least 100 great guns of 12ft. long, together with a
suitable proportion of shot and all other ordnance stores
needfull for them, he further says that there. is a want of
small arms and shot, but does not specify the particulars.
The inhabitants of this Island have at all times made
their Forts and kept them in repair at their own expence,
and have furnished themselves for the most part with
small arms, but at present they complain of their being
deprived of the 4| per cent, raised within that Island
for their fortifications and other publick uses, and of
their being weakened by the great expence they were
at in assisting the Leeward Islands during the late war,
for which they desire a consideration. But as to such
a number of great guns as your Majesty may think
proper, with a due proportion of shot and ammunition
as by them desired, we humbly conceive they cannot
have them otherwise than out of your Majesty's stores
of ordnance.
The Company of Merchants trading to Hudson's
Bay, having a Factory in those parts, represent
that they can no way be safe unless your Majesty
be pleased to grant them one fourth-rate and two
fifth-rate men of war, one bomb vessell and 250 men,
AND WEST .
1702.
are utterly incapable tn' ' y afl8wer
defence,
who will
Tra^e and welte o, fi^lnnd S ""P '"" 1 ' th
thl $L * t Ominion 8 in America depending chieflVon
that e inhabitants of those Colonies be not impreated
practice ha^n 1Ce K 0f 3 ' Ur Ma J wt - v8 shi P 8 of ** ^
plrts g a VCry great wea ^ening to those
Whereas ^ 8ides ^e assistance which vour
vonr P^- Pl - 0as . ed ^ ^ ive from time to tin " to
theronf \ 'T 8 ' Ju ? 8 neoe O' that the inhabitant
v t? {? th ?, r part con tribute to their mutual
SSy'** 8 ar h 1 umbl y of opinion that your Majesty be
leased to cause letters to that effect to* be preparea for
your Afajesty's Royal signature, and sent toeach of
>our Majesty's Governors.
And as your Majesty may please to observe by what
have before represented, that the Propriety Govern-
ments are in a state wholly defenceless, and that the
Iropnetors have not complyed with what has been
demanded of them, or may be thought necessary for
e common safety of your Majesty's subjects during a
ar, tnat these Colonies continue 'to be the retreat of
48 COLONIAL PAPERS.
1702
pirates and illegal traders, and that such independant
Governments are inconsistant with the welfare of this
Kingdom, we further humbly represent that complaint
has been made to us that your Majesty's standing forces
in those parts are seduced and tempted to desertion by
their being harboured in the neighbouring Colonies
belonging to Proprietors, who holding themselves not
subject to your Majesty's directions, refuse to deliver
such deserters up to Justice. To redress which and
divers other great abuses in those Colonies and to
introduce such an administration of Justice as might be
duly subservient and useful to England, we humbly offered
our opinion March 26 last ; and in consideration that
your Majesty's commands herein have not met with
due compliance (several Governors and Lieut. Governors
not qualified according to the late Act of Parliament
having been appointed by those Proprietors even since
that time) we cannot but continue in the same opinion,
that it may be very expedient for the ends above
mentioned, and particularly for the mutual defence of
the Plantations, that the Charters of the several
Proprietors and others be by the Legislative Power
of this Kingdom reassumed to the Crown ; and that
these Colonies be put into the same state and dependency
as those of your Majesty's other Plantations, without
prejudice to any man's property or freehold, which
together with the means proposed will, as we humbly
conceive, add to the safety of your Majesty's subjects
there, and be of further annoyance to the Enemy.
Signed, Stamford, Ph. Meadows, John Pollexfen, Wm.
Blathwayt, Mat. Pryor. [C.O. 324, 8. pp. 37-63.]
Jan. 26. 56. William Popple to Lord Grey. The Council of Trade
Whitehall. an d Plantations having laid before the King what your Lordship
has offered to them relating to the present state of defence of
Barbados, if you have anything further to offer which may any
way relate to the defence or welfare of that Island, they desire it
may be forthwith laid before them. [C.O. 29, 7. p. 464.]
Jan. 26. 57. J. Burchett to Mr. Popple. I lately acquainted you that
Admiralty I had writ to Sir Charles Hedges for an account of the Vice-
lce ' Admiral's Commissions granted in the several Plantations, and
now enclose a copy. Signed, J. Burchett. Endorsed, Reed.
Jan. 26, Read Feb. 6, 170|. Addressed. 1 p. Enclosed,
57. i. List of the Vice- Admiralty Commissions granted for
H.M. Plantations. 1 p. [C.O. 323, 3. No*. Ill,
lll.i. ; and 324, 8. pp. 66, 67.]
Jan. 26. 58. Minutes of Council of New York. Rip Van Dam, Phillip
French and Thomas Wenham in obedience to an order of Jan. 21,
appeared, but refused to deliver the papers they by their Address
owned to be in their custody. Whereupon it is ordered that a
AMERK \ \\I) WEST TN'DIRS. 49
1702.
supersedes issue to the Commission of Phillip French, he being
a Justice of the Peace in the City of New York, and that the
Attorney General prosecute the said persons at the next Supreme
Court for their contempt, etc. The Attorney General WM called
in and directed accordingly.
Petition of Seven n I nhout read. Ordered that Mathian Mott,
who hath an order for a patent to issue for the land in the said
petition mentioned, have a copy of the petition before any order
be made thereon.
Petition of Susannah Vaughton read. Ordered that petitioner
or some on her behalf appear before this Board on Munday and
make good the suggestions conteined therein. Ordered* that
I^eigh Atwood and Richard Slater, the persons who have lycence
(inter alia) to purchase the land in the petition of Susannah
Vaughton, have a copy thereof.
Petition of Samuel Staats and others read, praying a Ivcense
to purchase 5,000 acres of land in Ulster, called Wawayanda,
scituate above 30 miles backwards in the woods from Hudson's
River, of the Indian and native proprietors thereof, and granted
provided the said purchase be made and returned to this Board
within 1 2 months after the date hereof.
69/. 16. Sd. paid to Col. Abraham Depeystcr for beef, pork,
pease, etc., found and provided by John van Cortlandt for H.M.S.
Fortune sent to England with ship-timber.
SOI. 10*. 5d. paid to Thomas Weaver for so much paid by him
for several incidents by order of the Government.
Salary of Gabriel Ludlow, Clerk of the Assembly, paid.
45/. paid to William Teller for the hire of his sloop to carry tho
Lt.-Gov. to Albany to the Five Nations of Indians in July.
217. 0*. 1|J. paid to Johannis Schuyler for sundry necessaries
provided by him for the Messengers sent to the Onnagnngue
Indians by order of his late Excellency. [C.O. 5, 1184.
pp. 613-616.1
Jan. 27. 59- Council of Trade and Plantations to the King. We
Whitehall, herewith humbly lay before your Majesty the draught of a
Commission for >1 it ford Crowe Esq. to be Governor of Barbados,
and are preparing a draught of Instructions. Signed, Stamford,
Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior.
[C.O. 29, 7. p. 465.]
[Jan. 27.] 60- Humble petition of the Council and Assembly of
Barbados to the King. Being truly sensible of the great benefits
and blessings Vhich this your Majesty's Island hath received
since it hath pleased Almighty God to place you over us, etc.,
we lay before your Majesty the great want we are in of ordnance
and ammunition, that arc absolutely necessary for the defence
and safety of the Island, which the inhabitants at present are not
in a condition to purchase, chiefly occasioned from a great duty
laid upon sugars in the reign of the late King James, by which
many of the inhabitants were so impoverished that at least ^rd
part of the lands, which were before imployed for making sugars,
O
50 COLONIAL PAPERS.
1702.
hath ever since laid waste, and was also very prejudicial to your
Kingdom of England in its product, Trade and Navigation.
Besides this, Your Majesty's Island during the late war with
France suffered great losses of its inhabitants, and was at very
great charges for several expeditions to preserve your Majesty's
Leeward Islands, supplying your Majesty's ships of war and other
vessels taken up in your Majesty's service for the defence of this
Island, and likewise the necessary charges of this Island being
very great, especially the support and repairs of your Majesty's
forts and fortifications, for which there are very great annual
taxes made, notwithstanding there is an Act for that purpose
which hath raised to your Majesty 4| per cent, of the whole
dead produce of this Island for ever. We therefore do most
humbly beseech your Majesty to grant your petitioners such a
seasonable and suitable relief as their condition doth require,
and as in your great wisdom shall seem meet. Signed, Richd.
Downes, Speaker ; James Colleton, Jona. Downes, Tho.
Maycock, George Peers, W. Fortescue, William Terrill,
W. Holder, Miles Toppin, William Heysham, Wm. Davies,
Alexander Walker, Tho. Alleyne, R. Brewster, Phillip Kirton,
Richd. R3*croft, Charles Middleton (Representatives). (Council) :
John Farmer, Geo. Lillington, Geo. Andrews, Wm. Sharpe, Pat.
Mein, Tob. Frere, Michael Terrill, Richd. Scott, Ben. Cryer,
Saml. Cox. Endorsed, Presented to the Board by the Lord
Grey by His Majesty's Order. Reed. Read Jan. 27, 170.
1 large p. [C.O. 28, 6. No. 32 ; and 29, 7. pp. 466-469.]
Jan. 27. 61. Journal of Council of Trade and Plantations. The Lord
Whitehall. Grey acquainted the Board that having presented to the Kipg a
petition from the Council and General Assembly of Barbadoes,
relating to the State of that Island, H.M. has directed him to
lay the same before their Lordships, wch. he accordingly did,
and the same being read, their Lordships observed that the
Article relating to Barbadoes in their report of the 24th inst. being
to the very same effect as this petition, it does contain all that is
proper for them to say upon it. His Lordship also added that,
tho' he have not been desired by the Council of Barbados to
move for any standing forces to be sent to that Island, yet he is
himself of opinion that 200 men (provided care be taken that
they be not burdensome to the inhabitants) would be of great
service.
Letter to the Earl of Carlisle, First Commissioner of the
Treasury, desiring his favour in reference to the salaries due to
this office, signed and sent.
Memorial upon the late petition of Mr. Isaac Hawkins read.
Draught of a Representation upon the Order of Reference upon
the said Petition agreed upon.
Jan. 28. The above Representation was signed.
Mr. Mead was granted a copy of an Act of St. Christophers for
settling and strengthening H.M. part of that Island.
Letter from Mr. Morton, Carolina, Aug. 29, and Sept. 25, read,
and the Copy of an Act for regulating the Court of Admiralty in
AMERICA AND WEST INDIES. M
1702.
Carolina, therein referred to, waa laid before the Board Ordered
that a copy of the said Act be sent to Doctor Newton, Advocate
of the Lord High Admiral, and that the Secretary write for hi*
opinion. [See Jan. 29.]
Letter from Mr. Burwell, Oct. 13 last, laid before the Board
Jan. 29. Draughts of letters to Mr. Atwood, Mr. Morton and Dr. Newton
approved and ordered to be sent.
Memorial from Solomon Merrett read. Copy ordered to be sent
to Mr. Burchet for the consideration of the Lord High Admiral.
Letters and affidavits about the Bermuda sloop seized and
condemned in the Bahama Islands, referred to in Capt. Bennet's
Letter of Oct. 31 last, read. Letter to the Lords Proprietor* of
the Bahama Islands ordered to be prepared, with an acct. of
the irregularities that appear in those proceedings and desiring
to know what they may have to say upon that matter.
Letter from the Earl of Manchester, signifying H.M. direct ions
that a letter be prepared for the revocation of Sir William Beeston,
late Governor of Jamaica, read. Directions given accordingly
[C.O. 391, 14. pp, 309-315; and 391, 96. Not. 16-18.]
Jan. 28. 62. Council of Trade and Plantations to the King. We have
Whitehall, examined the Petition of Isaac Hawkins [Jan. 1). /?/ to
report of Feb. 6 last and Order thereupon, q.r. The letters then
ordered were written in pressing terms and did more particularly
require that the Complainants should have such redress as is
agreable to Law, and that no members of your Majesty's Council
in that Island should be exempted from any prosecution in law
or equity for the payment of their just debts, except only during
the time that the General Assembly should be sitting. In
pursuance of those directions the Goveniour and Council of
Barbadoes did some while since transmit to us a large and
particular answer to the severall foresaid complaints. Which
answer we communicated to Mr. Hodges, one of the chief com-
plainants, who only applied himself to us for it, and having
received his reply, we did on the 12th December last humbly
lay before your Majesty the principal heads of both those papers,
observing also thereupon that whatever have been the neglects
or other irregularities in the Courts of Justice of that Island
formerly, we had reason to believe that your Majesty's directions
had been of good use towards their reformation ; it not appearing
to us that since that time there have been any extraordinary
delays in the sitting of those Courts, nor much less that they
have refused to hear any Motion or give judgment in any cause
that has come before them. Neither does the said Hawkins in
the petition now under consideration complain of injury done
him by delays or other obstructions in any legal proceedings made
by him since the sending of these directions, but only seta forth
that he hath for twelve months past attended for the Governor's
answer ; which, nevertheless, we have reason to believe he hath
been acquainted with ; or if he had made his application to ua
he might at any time have been informed. As to what he further
suggests of his having expected that we might have offered to
62
COLONIAL PAPERS.
1702.
your Majesty that a change should be made in the Constitution
of the Court of Chancery and Court of Errors in Barbados, as the
only effectual remedy (in his opinion) for the inconveniences
which have been complained of ; we humbly refer ourselves to
what we have already represented to your Majesty in our report
of the 12th of December last, upon occasion of Mr. Hodges' paper,
which were much more particular on the same subject, vizt. that
in the general administration of Justice in all your Majesty's
plantations, inhabitants of the best ability and reputation have
been looked upon as the persons most proper to determine contro-
versies there and of least charge to the people. And we further
humbly offer that in the instructions to be prepared for Mr. Crowe,
whom your Majesty has appointed Governor of that Island, an
Article may be inserted, in the most pressing manner to inforce
the directions which have been already given by your Majesty for
the reformation of all irregularities in their Courts and for the
due and speedy administration of justice. Signed, Stamford,
Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior.
[C.O. 29, 7. pp. 469-473.]
Jan. 29. 63. Order of King in Council. Approving the draught of
Kensington. a Commission for Governor Crowe, and directing the Earl of
Manchester to prepare a warrant for H.M. signature for passing
the same. Signed, John Povey. Endorsed, Reed. Read Feb. 6,
1701. f p. [C.O. 28, 6. iVo/33 ; and 29, 7. pp. 473, 474.]
Jan. 29. 64. Solomon Merrett to the Council of Trade and Plantations.
London. In case a war happen between England and France and Spain
and if the Government shall think it meet to encourage a trade
with Spain (which is the only way to keep our woollen
manufactory and Fishery in use, and to vend the same) we
may have a Trade for the vending our woollen manufactury and
fish by using the method following, not doubting but we shall
have a Fleet in the Streights and be Masters of those Seas, viz. :
By sending some merchants' ships with a convoy to Cadiz and
all along the coasts of Spain about the time of the vintage, and
that the convoy have orders to wait for the security of the
merchants' ships in -the Bay of Cadiz, Malaga Road, Almeria
Bay, Carthegenia Bay, Allicant Road and Barcelona, from ten
to twenty days in each place, or so long time thereof as the Trade
shall require, during which time they may vend our woollen
manufactury and receive their money and goods, by which means
our shipping will be employed, our Trade go forward and the
King's Customs not lessened. By sending a sufficient force to
Newfoundland for the security of that important place, at least
10 men of war, who during the summer may annoy the French
Fishery on the Bank and at St. Peter's and Placentia, and about
the 10th of Oct. may proceed for the Bay of Cadiz and lie there,
and at the places above-named, the time proposed for the vending
their fish and bringing away returns. And whereas it may be
objected that there will be little probability of a Trade with
Spain, when there is a war, I humbly answer that there's some
AMERICA AND WEST INDIES.
1702.
Jan. 20.
Jan. 29.
Whitehall.
Jan. 29.
New York.
living who traded with Spain last war all the war, and were
admitted into Port only on carrying Neutral Colours, altho* the
Spaniards well knew the ships and the Commander to be English,
and we may well expect the same Trade now, as the war will not be
so directly against the Spaniards as the French, it being to settle
affairs as most of them will be found to wish for, and as they
cannot be supplied by our woollen manufactures and fish so well
as by us, or if they could, yet that it's only England and Holland
that takes the produce of their country in returns, and that this
Trade is to be effected. There's very few merchants who constantly
trade in time of peace but what have friends there, who on their
assurance will send of and trade in time of war. Signed, Solomon
Merrett. Endorsed, Reed. Read Jan. 29, 1704. 1 p. [CO.
194, 2. No. 55 ; and 195, 3. pp. 2&-31.]
65. William Popple to Josiah Burchet. The Council of
Trade and Plantations order me to enclose you a copy of the
Memorial of Mr. Solomon Merritt [above], to be laid before the
Rt. Hon. the Lord High Admiral of England, for such con-
sideration as his Lordship shall think fit. [C.O. 195, 3.
pp. 31, 32.]
66. The Earl of Manchester to the Council of Trade and
Plantations. The King, having thought fit to appoint Brigadier
Selwyn Governor of Jamaica and to determine Sir Wm. Beeston's
Commission, would have you prepare a letter of Revocation for
his signature. Signed, Manchester. Endorsed, Reed. Read
Jan. 29, 170J. 1 p. [C.O. 137, 5. No. 60; and 138, 10.
pp. 323, 324.]
67. T. Weaver to the Council of Trade and Plantations.
I must most humbly thank and acknowledge your Lordships'
great justice and goodness in not giving in tire credit t to the
calumny s and clamours of the merchants against me for justly
discharging my oath and duty as Collector the great charge
H.M. has been pleased to honour me with (amongst a people
who never till now were interrupted in their breach of the Acts
of Trade) I am sensible will subject me to great malice. But I
am assur'd of your Lordships' protection whilst I do my duty.
In the whole business of Wake's ship and all other seizures I have
made, I have persued the Acts of Parliament, which I am sworn
to observe and it is I hope worth your Lordships' observation,
that complaints are made against me to your Lordships by those
that never once complained to the Government here against me
so much as by a petition but they believe a complaint so far off
will give me trouble and discredit me with your Lordships, who
will have, according to your orders, a full account of my behaviour
from the Governour here, as the Agent, Mr. Champante, hath the
whole proceedings to produce to Your Lordships for my
justification. I pray leave to say that the anger of the
Merchants against me is some proof I am not corrupted by them-
nor ever shall be I gave tne Commissioners of Customs an
54 COLONIAL PAPERS.
1702.
account some time since of my proceedings against Wake's ship,
and if your Lordships please to order me, I shall give your
Lordships the trouble of constant accounts of what seizures I
make, that your Lordships may judge how far I observe my oath
and duty, and how unjustly I am complained against by such
petitioners as Wake and his owners, who have not represented
one true fact to your Lordships. As I have, to my great charge
and trouble, left England to serve H.M. in a remote Colony
amongst a divided people, hitherto licentious in trade, so I shall
never depart from the interest of my Prince, etc. Signed,
T. Weaver. Endorsed, Reed. 14th, Read April 27, 1702.
Holograph. Addressed. 2 pp. [C.O. 5, 1047. No. 34 ; and
5, 1119. pp. Ill, 112.]
Jan. 29. 68. William Popple to Wm. Atwood. I rejoiced at the
Whitehall, receipt of your letter, Aug. 20, etc. Their Lordships are very
well pleased with what you write of your care in the affairs of
the Province, and with the testimony you have had thereof in
the additional salary of TOl. per annum made you by the Assembly.
As to what you write about the time when your salary should
commence, they have ordered me to acquaint you that the
regulation of matters which relate to the disposition of money
dos not belong to them, nor therefore can they meddle in it.
What you say you have done for preventing the mischiefs which
threat'n'd the City from the discontents raised upon the return
of Aldermen and Assistants, is very acceptable to their Lordships ;
who order me to signify to you that you cannot do a greater
service than in contributing your endeavours towards the
reconciling all differences, and preventing the mischiefs that may
arise from thence, and they therefore desire you to continue that
care on all occasions. The disorders that you mention to have
been in the Assembly are very unhappy, but more especially the
paper sent by the Sheriff of Suffolk County, as the sense of the
Freeholders, upon the not executing the writ for electing
Representatives for that County, seems to be an insolency which
ought to be prosecuted with vigour. And their Lordships have
thereupon ordered me to assure you that (whenever it may be
necessary) you shall not want such protection as they are able
to give in the performance of your duty, either on that or any
other occasion for H.M. service. [C.O. 5, 1119. pp. 75-77.]
Jan. 29. 69. William Popple to Joseph Morton, Judge of the
Whitehall. Admiralty in Carolina. Your letters of the 29th August and
25th September last, together with the Copy of an Act for
regulating the Court of Admiralty in Carolina (which was there
inclosed), having been laid before the Lords Commissioners for
Trade and Plantations, their Lordships have commanded me to
acquaint you that they have the said Act now under consideration ;
And further to assure you of their constant readiness to doe
anything that may be proper for them to incourage you in the
continuance of that care which they are willing to believe you
have hitherto used in suppressing Piracy and illegal Trade, and
AMERICA AND WEST INDIES. 55
1702.
otherwise pursuing the end* of your Commiwiion as may be beat
for his Majesty's Service. [C.O. 5, 1289. p. 339.)
?\ 2 n' Li 7 ?' , WiIliam p >Pple to Dr. Newton, Advocate to the Lord
High Admiral. The enclosed Copy of an Act past in Carolina
the 1st of March, 170?, for regulating the Court of Admiralty
h.iving been transmitted to the Lords Commissioners for Trade
and Plantations, by Mr. Morton, Judge of that Court, with
complaint that the said Act is very injurious to himself and the
other Officers of the Admiralty there, derogatory to his Com-
miflUOn, and does tend to the incouragement of unlawful! Trade,
their Lordships have commanded me to send the same to you,
and to desire your opinion thereupon, more especially in relation
to the inconsistency thereof with the Powers and Authority*
belonging to the Judge or Court of Admiralty in Carolina by
virtue of H.M. Commission, and with the methods of proceedings
which ought to be there observed. [C.O. 5, 1289. p. 340.)
Jan. 29. 71. Order of King in Council. Approving enclosed form,
Kensington, and referring it to the Lords Commissioners of Trade and Planta-
tions, who are to call upon the Proprietors of East and West New
Jersey to execute the surrender according to this form. Signed,
John Povey. Endorsed, Reed. Read Feb. 4, 170J. | p.
Enclosed,
71. i. Copy of Form of a Surrender, prepared by the Attorney
General, to be made by the Proprietors of the Provinces
of East and West New Jersey in America, to His
Majesty, of all their right or pretence of right to the
Government they have hitherto claimed of the said
Provinces. Signed, Edw. Northey. Endorsed, Read
Jan. 29, 170$. 6j pp. [C.O. 5, 1261. Nos. 42, 42.i. ;
and 5, 1289. pp. 346-357.]
Jan. 29. 72. Minutes of Council of New York. 27/. 5s. Ud. paid to
Gabriell Tompson for so much expended by him by order of the
Government in entertaining Frenchmen sent from Canada as also
several Sachims of the Five Nations together with persons sent
express from Albany on the public affairs of the Government.
3631. Us. Qd. sterl. paid to Katherine, Countess of Bellomont,
the same being due to Thomas Weaver for his salary as Agent
of this Province in England and for monies advanced by him for
fees to Council, to the Clerks of Offices, etc., about the public
affairs of this Government, he having requested that the same
should be made ifeyable to her.
6/. 6s. paid to Judith Pemberton for nursing Henry Povey ten
weeks and Isaiah Brooks 8 weeks. Also Si. 8s. for nursing Jonas
Thomas, a sick soldier, for 24 weeks.
Whereas several private Commissions have been granted by
former Governors to several persons, some whereof by experience
have proved a disservice to H.M., leading only to the interest of
such persons to whom they have been granted, and others
56
COLONIAL PAPERS.
1702.
Jan. 31.
Office of
Ordnance.
Jan. 31.
Bermuda.
misapplied, it is ordered a Proclamation issue declaring all Com-
missions, powers and authorities granted to any person by any
former Governor to be voyd, except the Justices of the Peace,
Militia Officers, Commissioners for managing the Indian Affairs,
Clerks of the Council and Assembly and Custom House Officers,
that thereby this Board may be informed of all Commissions and
powers in force in this Province. [(7.0. 5, 1184. pp. 615-617.]
73. Board of Ordnance to the Council of Trade and Planta-
tions. The Officer sent home by Captain Richards from New-
foundland having represented that the Navy formerly sent a large
chain for a boom for the security of the harbour's mouth of
St. John's, and that it is yet altogether useless for want of being
fixed and masts to float it, we have thought fit to acquaint your
Lordships therewith, and to send him to attend your Lordships
concerning it, not doubting but your Lordships will think it for
H.AI. service that the Navy Board to whom it belongs may have
directions to h'x it, and to provide masts for the floating thereof.
Signed, C. Musgrave, J. Pulteney, Wm. Boulter, Ja. Lowther,
Jon. Charlton. Endorsed, Reed" Read Feb. 2, 170. 1 p.
[C.O. 194, 2. No. 56 ; and 195, 3. pp. 32, 33.]
74- Governor Bennett to Mr. Popple. Refers to letter and
enclosures of Jan. 12. By a vessel from Carolina, Jan. 18, I had
advise that Capt. Flavill, who has stores on board for this place,
was arriv'd there, having in bad weather been driven off from this
coast, but will proceed hither after having refitted. By the same
conveyance with this, Mr. Day, my predecessor, sends letters to
his father and others complaining, as I am told, of some hardships
he has received this Assises, having been Defendant in several
actions and cast in every one. The reason I mention this is,
least I should be represented to have been unkind by not
protecting him from those prosecutions, which I presume I could
not justifiably do, but what was in my power to serve him,
I constantly complied with, and had I not timely corrected some
insolences that were offered to him, I am satisfied the mob would
have roughly handled him, for the better sort openly declared
they would have shewn their resentments in a revengeful manner,
were it not in respect to me. The Assizes not being over, I
cannot yet give an account of proceedings on those Articles I
transmitted against the late Sheriff, Mr. Jones, only, as in my last,
he is found guilty of perjury. Signed, B. Bennett. P.S.
Just as I had finished my letters, a sloop arrived here with a
passenger who came over in Capt. Flavill's and brought a pacquett
with him from you. I hear Capt. Flavill has a pacquett for me,
which he says he must deliver himself. Signed, B. Bennett.
Endorsed, Reed. March 27, 1702. 2 pp. Enclosed,
74. i. Abstract of preceding.
ii. Copy of address of the Assembly of Bermuda, containing
reasons for uniting the Bahama Islands to the Govt.
of Bermuda, Nov. 22, 1701. Endorsed as preceding.
4 pp. [C.O. 37, 3. Nos. 64, 64.i.,ii. ; and (duplicates
74.
AMERICA AND WEST INDIES.
57
1702.
Jan. 31.
Jan. 31.
Feb. 2.
Whitehall.
Feb. 2.
Whitehall.
without abstract) 37, 25. NOB. 71, 7I.i. ; and (without
abstract) 38, 5. pp. 194-108.]
75. Order of House of Common*. That the state of the
Plantations with relation to Trade and their security, together
with the names of the present Governours of the Plantations, be
laid before this House by the Commissioners for Trade and
Plantations. Endorsed, Reed. Read Feb. 2, 1704 1 p \00
323. 3. No. 112 ; and 324, 8. p. 65 ; and 389, 14. p 234.]'
76. Answer of Council of Trade and Plantations to preceding
[C.O. 389, 37. pp. 24 1-308. J
77. Earl of Manchester to the Council of Trade and
Plantations. I have laid your Representation of the state of the
Plantations before the King, and H.M. commands you to consider
what H.M. may do of himself for the defence and security of the
Plantations in this conjuncture, and what may be proper to be
laid before the Parliament to that purpose, and make a Report
thereof under those; two heads distinctly. H.M. would likewise
have you prepare letters as you propose, to reinforce the order*
you mention to have been given to the respective Governors, as
well those constituted by the King as by the Proprietor*.
Signed, Manchester. Endorsed, Reed. Head 'Feb. 2, 1701. 1 .
[C.O. 323, 3. No. 113 ; and 324, 8. />. 04.]
78. Council of Trade and Plantations to the Lords
Proprietors of the Bahama Islands. We have lately received
from the Lieutenant Governour of Bermuda the attested copies
of several Letters and an Affidavit, relating to the conduct of
Captain Hasket, Governour of the Bahamas, in the seizure and
condemnation of a Bermuda sloop, tieaflou-er, about June last.
Some of the principal heads of the papers are That the said
sloop riding at anchor between Turk's Island and the Caucaees,
was seized by one Captain John Warren, Commander of a sloop
belonging to Providence, and carried up thither ; that upon
their arrival at Providence Captain Hasket caused divers of the
seamen to be examined severally, and swore them to answer to
all such questions as should be demanded of them, threatning
withall that if they did not agree in their answers he would cut
off their ears. That in their examination one chief interrogatorv
was, Whether the said sloop had taken in salt at Turk's Island,
pretending the same to be within the Commission or Instructions
he had received from your Lordships ; that he more particularly
threatned John Caverley one of the seamen, that if he would
not confess that they were going to steale and rake salt and cut
wood he would hang him, and accordingly commanded a Negroe
to put a halter about the said Caverly's neck. That he kept
the said Caverly and another of the seamen severall days in
prison without allowing them any provisions. That he caused
the said sloop to be tried, and there being 24 persons returned
for a Jury he chose such twelve of them as he liked best and
COLONIAL PAPERS.
1702.
Feb. 2.
Whitehall.
Feb. 2.
Whitehall.
[Feb. 2.]
[Feb. 2.]
struck out the names of the others. That the Foreman of the
Jury and likewise the Judge were both his kinsmen. That upon
the' Jury's going out to consider of their verdict, he told them,
that whatever verdict they brought in he would condemn the
vessell. That the vessell was accordingly condemned and then
bought by himself for 2351. That after condemnation the Master
craved an Appeal to England but was refused it. That after-
wards upon the Master's applying to him for leave for himself
and seamen to depart the Island, he refused it, saying, that he
would not suffer them to come away till he had another 100Z. or
2001. out of them. All these proceedings appearing to us very
irregular and oppressive, and not having any knowledge of the
ground thereof, we desire your Lordships to inform us in the
whole matter, in order to our representing the same to H.M. for
such directions thereupon as shall be found expedient. Signed,
Stamford, Ph. Meadows, Jno. Pollexfen, Mat. Prior. [C.O. 5,
1289. pp. 341-343 ; and 5, 289. pp. 82, 83.]
79. Earl of Manchester to the Council of Trade and
Plantations. The late Commissioners of the Admiralty having
sent me a letter to them from Mr. Quarry, Judge of the Vice-
Admiralty of Carolina, relating to unlawful trades in those parts,
and the discouragement which the officers of the Admiralty meet
with in the discharge of their duty from the Proprietors,
particularly complaining of an Act of the Assembly for regulating
proceedings in the Admiralty Court there, I have laid the papers
before H.M., who commands me to signify his pleasure to your
Lordships, that he would have you consider of them, and report
your opinion to H.M. what you think may be most fit to be
done in order to the redressing the abuses complained of. Signed,
Manchester. Endorsed, Reed. Read Feb. 6, 170J. 1 p.
Enclosed,
79. i. Copy of an Act for the better regulating the proceedings
of the Court of Admiralty in Carolina and the fees for
the same. Signed, Ja. Moore, John Wich, Robt. Gibbs,
Henry Noble. Endorsed, R. Jan. 22, 170. 5| large pp.
Torn. [C.O. 5, 1261. Nos. 43, 43.i. ; and (without
enclosure) 5, 1289. pp. 357, 358.]
80. William Popple to Josiah Burchet. Enclosing copy of
letter from the Board of Ordnance, Jan. 31, to be laid before the
Lord High Admiral for the necessary directions therein. [C.O.
195, 3. pp. 33, 34.]
81. Memorandum of Naval Officer's List of Ships entered and
cleared in Barbados, Dec. 25, 1700-March 24, 1701. Endorsed,
Reed. Feb. 2, Read 27th, 170J. J p. [C.O. 28, 6. No. 34.]
82. Memorandum of Naval Officer's List of Ships entered and
cleared in Barbados, March 25-June 24, 1701. Endorsed, Reed.
Feb. 2, 170$. J p. [C.O. 28, 6. No. 35.]
AMERK \ \\T) WEST INDI18.
1702.
[Feb. 2.] 83. Memorandum of Naval Officer's List of Ships cleared and
entered in Barbados, June 25-Sept. 24, 1701. Endorsed Rer
Feb. 2, 170J. | p. [C.O. 28, 6. No. 36.]
[Feb. 2.] 84. Memorandum of Acts of Barbados pamed Mav-Nov
1701. Endorsed, Reed. Feb. 2, 170$. J p. [C.O. 28, 6. lVo. 37.J
85 V J umttl of Council of Trade and Plantation*. Letter
f r om the Board of Ordnance, Jan. 31, read. Ordered that a copy
be sent to Mr. Burchet.
Order of the House of Commons, .Ian. 31, read, and some
progress made in the consideration of that matter.
Letter from the Earl of Manchester. Feb. 2, with regard to the
defence of the Plantations, read. Their Lordships took the matter
into consideration.
Letter to the Lords Proprietors of the Bahama Islands signed
and sent to Mr. Greenville, one of them.
Feb. 3. Doctor Newton, Advocate of the Lord High Admiral, presented
to the Board an answer to the Secretary's letter of Jan. 2ft, which
was read.
Progress made in report to the House of Commons.
Feb. 4. Order of Council, Jan. 29, upon the draught of a surrender of
Government prepared by Mr. Attorney General to be made bv the
Proprietors of East and West New Jersey, was laid before the
Board, and Mr. Morrice desiring all convenient dispatch may bo
made, he was directed to give notice to the Proprietors of both
the Jerseys to attend this Board on Friday.
Further progress made in preparing report to the House
of Commons. [C.O. 391, 14. pp. 315-320; and 391, 96.
Nos. 19-21.]
Feb. 2. 86. Minutes of Council of New York. Ordered that William
Creed do appear on Thursday, and then and there make good the
caveat filed by him this da}-.
Ordered that Susannah Vaughton appear on Thursday, further
time being thus given her to make good the allegations set forth
in her petition, Jan. 2B.
Ordered that the Escheator of this Province also appear that
day. [C.O. 5, 1184. p. 617.]
Feb. 3. 87. J. Thurston to William Popple. The papers lat
transmitted from Newfoundland to the Council of Trade and
Plantations, containing a charge against me of defrauding the
soldiers there, or at least of withholding their subsistence from
them, I humbly pray the enclosed may be laid before their
Lordships as my answer, by which I hope it will appear that the
want of subsistence complained of proceeds not from any indirect
practice of mine, but from a misapplication of the money sent
over by, Signed, J. Thurston. Endorsed, Reed. Feb. 3, Read
March 12, 170$. 1 p. Enclosed,
60 COLONIAL PAPERS.
1702.
87. i. J. Thurston to the Council of Trade and Plantations.
Complaints having been made of an arrear of subsistance
due to the Company at Newfoundland by one of the
late Officers of the Company, which is also taken notice
of by Capt. Graydon, and Capt. Powell in his letter of
Oct. 5 last insinuating as if the same had occasioned the
desertion of his men, (altho' he observes himself to your
Lordships that of those who deserted there was but
one who could pretend to an arrear) J most humbly lay
before your Lops, a state of the subsistance by which
your Lops, will find there has been money remitted
sufficient to subsist them beyond the 1st May next.
By Mr. Huxford's accompt, transmitted to your Lops,
by Capt. Graydon, there will appear a difference of
1 191. 85. Qd. by that person's refusing to take notice of
the abstracts from time to time sent him, of which the
sum of 1001. was paid the officers here to enable them
to go their voyage, and the remainder paid for discount
of tallies, etc., which is to be deducted out of the officers'
and soldiers' subsistance in due proportion, according
to instructions sent to Mr. Huxford. As to what
concerns the old company in particular, for which the
subsistance is said to be wanting, whereas Mr. Huxford
charges to have paid Lt. Lilburn for 2 years ending
Sept. 1, 1700, the sum of 719Z. 9s. 4d., which is
14H. 11s. more than subsistance for that time, Lt. Lilburn
in two accompts of his, which Mr. Huxford himself has
signed, owns to have received no more than 677J. 18s. 4d. t
which is but 1001. above subsistance, which 1001. he takes
to himself for contingent disbursements for the company,
altho' the money was sent for subsistance only, and by
this misapplication the money has fallen short, and this
trouble given your Lordships. As to the cloathing,
which Capt. Powell complains of, I most humbly appeal
to your Lordships whether any more than two
cloathings have been appointed for the old company,
and but one surtout, one hatt, one shirt, one neckcloth,
one pair of shoes, one pair of stockings, and one pair of
mittens for each of the additional men ; and the two
great cloathings were such as each of them to serve for
two years, except some small necessaries for the second
year, as Capt. Powell well knows. As to the contingent
money for the said Company, H.M. upOn the forming
thereof having been pleased to declare bis pleasure that
a sum not exceeding 50Z. for one year should be allowed
for the same, two payments have been issued pursuant
thereunto ; the latter of which was immediately remitted
to Newfoundland, but the former having been directed
while Lt. Lilburn was at the head of the company and
part of the money paid to his order and upon his account,
the remainder, which was kept for him until his arrival
here (being ordered home), has been lately directed by
AMERICA AND WEST INDIES. el
1702
the Paymaster General to be further detained to make
good what should be found misapplied of the subnisUnoe
money, and now that the same appears to have been
chiefly occasioned by Lt. Lilburn * taking to himself
100/. for contingencies, the Ensign, whose petition HM
before your Lordships, and who supported the Company
during their want of substance, as certified by /'apt
Gravdon, most humbly prays that the naid remainder bo
. paid into his hands, as so much in part of what is due
to him from the company on account of their subsistence
Signed, J. Thureton. 3 pp.
87. ii. An account of the subsistance of the Company at Xew
foundland, formed -Sept. 1, 1698. 3 pp. \C'0. 194, 2.
Nos. 57, 57.i.-ii. ; and 195, 3. pp. 41-49.]
Feb. 3. 88. Dr. Newton, Advocate of the Admiralty, to [? William
SZOSZL Popple]. I humbly conceive that the Act of Carolina, .March 1,
170$, for regulating the Court of Admiralty is very prejudicial to
the Judges and the other Officers of the Admiralty there, by
subjecting them to suits and penalties they were not otherwise
liable to, and derogatory to the Commission by which the Judge of
the Admiralty there acts, the course of proceedings being very
different from what is practised in the High Court "of Admiralty
here, and those matters referred to Juries, which are in the Judge's
owne power to hearc and determine, both by the Maritime Laws
and the tenour of his Commission, whereby great delays may be
occasioned, and the subjects' remedy of appeal quite taken away ;
and likewise by discouraging the Plaintiffs and Prosecutors on
H.M.'s behalf, greater hardships being put upon them in finding
bayle, than are required by the Courts of Admiralty here ; by
the method of prosecution which in all likelihood may give
occasion to greater delays in suits, and greater expences to the
parties concerned then in the usual and ordinary method of
proceedings in the Admiralty Court, and by putting the Judgment
in a manner in all causes into the hands ancf power of such whose
interest it may be to consult their private advantage and the
perticular gain of that country more than the true interest of the
King and the English Nation, may in all probability lead to
the encouragement of unlawful trade. Signed, Hen. Newton.
Endorsed, Reed. Read Feb. 3, 170J. 1 p. [C.O. 5, 1261.
No. 44 ; and 5, 1289. pp. 344, 345.]
Feb. 3. 89. Minutes of Council m Assembly of Barbados. John
Sharpe, Comptroller, Thomas Edwards, Searcher, and Phillip
Battereby, Waiter, for H.M.'s duties in the Bridge Town, took the
oaths appointed.
Letter from the Council of Trade and Plantations, Nov. 14,
1701, and Nov. 27, 1701, read and entered, with enclosures.
Mr. Attorney General moved that he might have a copv of
Mr. Hodges' Memorial in order to reply, which was granted.
6i . COLONIAL PAPERS.
1702
The Assembly attending, the President acquainted them with
the necessity of providing some Law against the exporting of
provisions.
Thomas Maycock was sworn to his Commission as Judge of
the Court of Common Pleas for the precincts of St. Andrews and
St. Joseph.
Bill, to prohibit the exportation of provisions to all places except
those under the King of England's Dominions, was read three
times, passed and sent down.
Memorial from Col. Richd. Kirkby, H.M.S. Ruby, read, com-
plaining of the frequent desertion of his seamen by the continual
inveiglements of private traders, and proposing an Act to oblige
Masters of all Traders to give the same security not to carry away
or seduce any seamen from H.M. service under the same penalties
which are inflicted for carrying off any inhabitants or servants
belonging to the Island without tickets or security given. He
further proposed, for the advantage and benefit of the Trade of
this Island, and to prevent the continual desertions of merchant-
men's men, it being customary now for their seamen, as soon
as they have received their pay at this port, to desert from their
ships (to the exposal of the interests of the merchants concerned
to utter ruin) in order to exact upon the Master of any ship bound
home or elsewhere in any agreement to sail by the voyage, which
practice is pernicious to the Trade and interests of this Island,
that it be proclaimed that such seamen as shall desert from their
proper merchants' ships, shall be taken up by the Civil Officers
or the Officers of any of H.M. ships, and put on board any of
H.M. ships, there to be disposed of to H.M. service.
Some part of this being already provided for by a Law of 1697,
ordered that a Proclamation issue to enforce its execution. The
part not provided for ordered to be recommended to the
Assembly. Ordered that Col. Kirkby be given an attested copy
of the Law.
Petition of Richard Gilbert referred to the Committee of Public
Accounts. Writ ordered to issue for a new Member of Assembly
for the parish of St. Joseph in the room of John Holder, lately
gone off the Island.
Mr. John Walter offering to provide for H.M. sick seamen, as
his father formerly did, in case this Board will write to the Council
of Trade and Plantations in favour of payment, the Board assured
him they would so write.
Lt. Col. George Peers given leave to ship salt to Maryland in
order to' salt pork to be shipped for this Island.
100/. paid to Edward Arnell for entertaining the Court of
Grand Sessions, and that the remainder of his Bill, 33J. 2s. 6d., be
recommended to the Assembly.
The President was desired to issue his orders to the Keeper of
the Stores in the Magazine for the delivering out such powder, shott
and arms to the Colonels on their application as shall be thought
needful, for such poor people, in case of alarms, as are not able
to furnish themselves.
AMERK \ \M> u KST INDUS.
1702.
Ordered that the sloop Marian and Rcbeccah be taken up for
the service of this Island by the Commissioners appointed by the
Assembly, [and] be forthwith got ready to obey sucn commands an
shall be given by the President, in orcfer to discover the condition
and force of our neighbours. The President is desired to issue his
orders accordingly, and that the Commander be instructed by
him that he do nothing contrary to the Treaty of Re* wick, the
Acts of Trade and Laws of this Island. [C.O. 31, 6. pp. 126-145.]
Feb. 4. 90. Journal of Assembly of Barbados. The House met by
a special summons from the President. Absent members were
fined, and the House waited on the President and Council to
know the occasion of their call. A Bill was sent down against
the transportation of provisions, and read, but rejected by reason
there is already an Act sufficient for that purpose of May 7, 1672,
entituled, Concerning forestalling and engrossers of provisions.
Memorial of Col. Richard Kirkby, H.M.S. Ruby, relating to
his seamen, read and laid by for further consideration.
Ordered that Col. George Peers forthwith provide shot
convenient for the Field-pieces.
The above-mentioned Bill was sent up to the Council with the
reason of its rejection. The President proposed a Conference,
and the Council being absent, the House waited till six o'clock,
when, not finding any likelihood of having one now, and to-morrow
at Speight's Town the Court of Common Pleas being to hold, they
adjourned for a fortnight. [C.O. 31, . pp. 447, 448. |
Feb. 4. 91. Minutes of Council of New York. Ordered that the
Secretary prepare a special Commission of Over and Terminer for
the trial of Col. Bayard and Alderman Hutchins, committed by
this Board for High Treason ; that the said Court do begin to
sit on Saturday seavennight next, and have nower to adjourn
de die in diem'until that matter be determined ; that the Chief
Justice and the Assistant Justices be the persons named in the
said Commission.
Feb. 5. It appearing that the Attorney General wants assistance in the
performance of his office, Thomas Weaver is hereby constituted
Sollicitor General to assist him therein, with a salary of 5Qf.
per annum.
Mr. James Emott appeared in behalf of Susannah Vaughton, and
the reasons for making good the allegations set forth in her
petition were heard and referred to further consideration.
Ordered that the Secretary record the Indian purchase of
paulings produced to this Board by Mr. Emott this day in his
office. [C.O. 5, 1184. pp. 617, 618.]
Feb. 5. 92. Order of King in Council. Approving Representation of
Kensington. Jan. 23 upon the petition of Isaac Hawkins, and ordering that
the Council of Trade and Plantations prepare an article to
inserted in Governor Crowe's Instructions as proposed. Signed,
John Povey. Endorsed, Read March 6, 170$. 1 p.
No. 38 ; and 29, 7. p. 486.]
04
COLONIAL PAPERS.
1702.
Feb. 6. 93. Order of the House of Lords for an account of what the
Council of Trade and Plantations have done in relation to the
Plantation Trade since the last Representation to that House.
Endorsed, Reed. Read Feb. 6, 170. [C.O. 389, 17. p. 298 ;
and (Memorandum only) 323, 3. No. 114 ; and 412, 548. p. 309.]
Feb. 5. 94. Council of Trade and Plantations to the Earl of
Whitehall. Manchester. Enclosing draught of a letter for the revocation of
Sir William Beeston from the Government of Jamaica, which is
to the like effect as we find letters have been sent under H.M.
Royal Signature to other Governors upon the like occasion.
Signed, Stamford, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen,
Mat. Prior. Annexed,
94. i. The King to Governor Sir Wm. Beeston. Whereas We
have thought fit in consideration of your age and the
fatigues you have undergone during the late war, and
upon your request, to appoint William Selwjoi to be our
Governor of Jamaica, Our will and pleasure is that upon
his arrival and the publication of his Commission, you
deliver unto him or such as shall be appointed by him
the Seal of our said Island with the public papers and
ensigns of Government, and that thereupon, in case
your private affairs require your coming to England, you
repair to our Royal Presence to give us an account of
your transactions in that Government, where you may
expect from us the further marks of our royal favour
and assurance of our entire satisfaction in your good
services during your Government. [C.O. 138, 10.
pp. 324-326.]
Feb. 5. 95- Council of Trade and Plantations to the King. We
Whitehall, have considered the evidence upon the petition of William
Freeman (See Dec. 18, 1701, etc.), and humbly beg to lay before
your Majesty a brief account of what appears to us most
material in the allegations on both sides. Mr. Freeman in his
Petition to \T. Maj. sets forth his title to the said Plantation,
as founded upon yr. Maj's. Letters Patent granted in Nevis
the 8th of August, 1699 ; and in his pleadings has further
offered to consideration that his Father was formerly possessed
thereof, but that having been taken prisoner by the French
during the War in 1664 or 1665, he was then obliged (as many
other inhabitants of that Island) to sell the same, and accordingly
did sell it to one Monsieur De Chambre,. a French man ; neverthe-
less, the price having not been fully paid, the Petitioner insists
that he has always had an equitable right to the same, derived
from his Father, and that your Majty.'s foresaid Letters Patent
were therefore intended and ought to be esteemed rather as
a confirmation of an ancient title, than as a new one ; that as to
the actual possession thereof, he does not say that he ever
obtained it till after yr. Majty.'s foresaid grant of the 8th August,
1699. In pursuance of that grant having (as he sets forth) been
put into quiet and peaceable possession, and having expended
AMERICA AND WEST INDIES.
1702.
several thousand pounds in the improvement of the plantation
he complains that on or about the 22nd of May last, two pretended
Justices of the Peace of St. Christophers (Samuel Crook and
Stephen Payne, who he says in truth were not Justices)
accompanyed with one Robert Cunningham, Agent for Colonel
Codrington (but pretending to act by an Authority derived from
one Madam de Cnambre, a Gentlewoman in France) upon a false
suggestion, that the said Cunningham had been formerly in quiet
and peaceable possession of the said Plantation, and upon a
pretended conviction by their own view that the Petitioner's
Agents forcibly detained the same against the said Cunningham,
did without any tryal of the title, or due process of Lw|
forcibly enter and take possession of the said Plantation, and of
the stock of canes growing upon it, turning out the Petitioner'**
Agents, John Pogson and Leonard Woodward, and committing
them to Prison. He further adds that the said Pogson having
thereupon in a Petition to Colonel Codrington, as Govcrnour in
Chief, set forth the illegality of those proceedings, and prayed
that he might be again restored to his possession until evicted
by due course of Law, he could not obtain any answer ; but that
Colonel Codrington did himself immediately ifter enter and take
possession of the said Plantation for his own use, and still
continues to hold and enjoy it. After this Representation of the
case, the Petitioner insisting still that whatever his title were,
he ought not to have been disposs'd in this manner by a forcible
entry upon the view of the Justices, but only by a due course of
legal proceedings, he thereupon humbly prays that he may by
your Majty.'s Order in Council have liberty to take of his crop
now growing, and be restored to his jwssession untill he l>e evicted
by due course of Law ; declaring withall that he is ready and
willing to give any security to abide yr. Majty.'s Order concerning
the same. In answer to this Mr. Archbald Hutcheson in behalf
of Coll. Codrington (tho* as he said not authorized or instructed
by him, but on his own accord and from the general knowledge ho
has of the affairs of those Islands, having lived long there) has
offered to us ; that the foresaid Letters Patent were obtained by
the interest of Captain Norton, then Lieutenant Governour of
St. Christophers, who by agreement between themselves was
to be equally concerned therein : and that Mr. Freeman at the
time of the view made by the Justices was not possessed of the
whole Plantation, but only of one divided moyety, the other
moiety being then in the hands of Captain Norton, and that in
relation to that moiety there were no proceedings made, but the
same was without any contest quietly delivered up. That as to
the suggestion of Cunningham's having been formerly in
peaceable possession, upon which the Justices proceeded to make
their view, the matter of fact is, that the foresaid Monsieur de
Chambre, his Heirs, Agents, or Lessees, did always remain in
possession, untill the time that the English part of St. Christophers
was taken by the French in the late War, notwithstanding that
Mr. Freeman did in the meanwhile disown their title, and make
such applications as he thought proper for the recovery of the
O ft
6ft COLONIAL PAPERS.
1702.
Estate, but was never able to effect it. That he, the said
Hutchison, does not know, whether there be any lease or grant
thereof from the said de Chambre now in being, nor whether the
same were granted before or since the late War, nor what else
has been acted by virtue of any power from De Chambre since
the last taking of the Island by the French, but that it appears
by Mr. Freeman's own petition that the said Cunningham did
act or pretend to act by or under a title derived from the said
De Chambre, who has been long in possession, and did therefore
set forth that the Petitioners' Agents had wrongfully taken it
from him some time since the 8th August, 1699 (the date of his
Patent), and did wrongfully detain it at the time that the Justices
made their view. That whereas it is pretended that
Mr. Cunningham ought not to have proceeded by way of a
conviction upon the view of the Justices, but upon an enquiry
by way of a Jury ; it is true that if he had thought fit he might
have taken that method, but that it was equally lawfull for
him to choose the other, and that the proceedings in that
manner against a profession of less than two years continuance
are equally legal and valid. That as to Colonel Codrington's
not answering Mr. Pogson's Petition to be restored to possession,
the prayer of that petition was not in Coll. Codrington's power
to grant, nor could he by his authority doe anything to the
prejudice of Mr. Cunningham's possession whilst the conviction
by the view of the Justices remained in force, and that the same
could only be invalidated by a legal course of proceedings, in
which it is not alledged that Coll. Codrington offered to give the
Petitioners' Agents any obstruction. And as to what is alledged
about Coll. Codrington's being himself entred into the
possession of the said Plantation, for his own use, and his
continuing to hold and enjoy it, Mr. Hutcheson answered that
having no Instructions from Coll. Codrington nor otherwise any
knowledge of that matter, he could not offer anything upon it ;
and therefore upon the whole insisted, that nothing may be
done by Order from hence, to the prejudice of Mr. Cunningham's
possession, otherwise than in a due course of legal proceedings ;
nor any Judgment passed in censure of Colonel Codrington's
conduct in this affair, untill upon transmitting to him the copy
of Mr. Freeman's Petition he may have had opportunity to
answer. Whereupon we humbly offer to your Majty. that
considering the many uncertaintj^s, which remain to be cleared,
in order to take a true state of all the circumstances of this case,
we are humbly of opinion that a copy of yr. Majty.'s Order in
Council upon Mr. Freeman's foresaid Petition, together with a
copy of the said Petition etc. of this our report upon that matter,
be sent to Coll. Codrington for his answer. That Coll. Codrington
be also required not to give any obstruction, directly or indirectly
by himself or others, to such legal proceedings as Mr. Freeman
shall have recourse to, for the redress of the injury that he
conceives to have been done him, by the actings of the foresaid
Justices, or otherwise in relation to the Plantation in question.
That in case of a sentence in the proper Court of Justice in the
AMERICA AND WEST INDIES.
67
1702.
Leeward Islands, either party that shall think themaelvea agrieved
may not be Kindred from appealing to your Majty. in Council
here. That in case of Appeal both jpartys, as well Defendant as
Appellant, be required to give sufficient security to abide by
your Majty. 's determination, and to answer all coato and
damages that may have accrued against them. Signed,
Stamford, Ph. Meadows, John Pollexfen, Mat. Prior. [C.O. 151, 7.
pp. 389-398.]
Feb. 5. 96. Order of King in Council, in accordance with preceding
Kensington. Representation. Signed, John Povey. Endorsed, Read March 6,
170$. I p. [C.O. 152, 4. No. 82 ; and 153, 7. pp. 415, 416.]
Feb. 5. 97- Answer of the Council of Trade and Plantation* to the
Whitehall, two Orders of the House of Commons, Jan. 19 and 31. An
account of the business of the Board transacted 1700, 1701. See
Calendar for those years. The following abstracts are added :
Exports from Jamaica, Xmas, 1697, to Michaelmas, 1698 :-
Sugar, hhds. (7 cwt. each)
,, , barrels
Indico, hhds. (7 cwt. each)
, barrels
Pimento, hhds. (7 cwt. each)
, barrels
Ginger, bags
Cotton, bags
Logwood, tons
Fustic, tons
Stockfish wood, tons
Cacao nuts, hhds. (7 cwt.)
,, ,, , barrels
Sarsaparilla, bags
Brazilletto wood, tons
Hides
Elephants' Teeth
12,461
521
14
914
68
140
2,470
913
699
204
60
57
222
83
37
675
27
and some small parcels of other sorts of goods.
Exports from Jamaica, Michaelmas, 1698-Dec,
Sugar, hhds. . .
, barrels
Indico, hhds.
, barrels
Pimento, hhds.
., , barrels
Elephants' Teeth
Cacao nuts, hhds.
, barrels
Cinnamon bark, bags
Ginger, bags
Cotton, bags
Logwood, tons
Stockfish wood ; tons. .
12, 1699
10,758
216
3
914
152
244
329
8
10
50
1,415
1,032
1,641
761
68 COLONIAL PAPERS.
1702.
Lignum vitae, tons
Brazilletto wood, tons
Ebony, tons
Lime juice, hhds.
Tortoiseshell, barrels - 10
Molosses, hhds. .. .. H5
., , barrels . . . . . . . . 10
Rum for the other Plantations, hhds. . . 58
Exports from Barbados, March 25, 1699-March 25, 1700 :
Brown sugar, hhds. (10 or 12 cwt. each) 14,022
, barrels 2,749
, tierces 1,128
White Sugar, hhds 389
,, , barrels 143
,, , tierces. . . . . . . . 119
Brazilletto wood, tons . . . . . . 36
Cotton, bags 1,048
Ginger, bags . . . . . . . . . . 6,830
Molosses, hhds. . . . . . . . . 2,673
, barrels . . . . . . . . 78
Lime juice, tons . . . . . . . . 10
Aloes, Goars . . . . . . . . . . 160
March 25, 1700 June 24 following :
Brown Sugar, hhds. (10 or 12 cwt. each). . 11,462
, barrels 2,922
,, , tierces . . . . . . 818
White Sugar, hhds 61
,, , barrels . . . . . . 56
,, ,, , tierces . . . . . . 20
Ginger, bags . . . . . . . . . . 5,394
,hhds. 31
,, , barrels . . . . . . . . 168
Cotton, bags . . . . . . . . . . 816
Molossoes, hhds. . . . . . . . . 2,468
, barrels 242
,, , tierces . . . . . . . . 186
Rum for the other Plantations, hhds. . . 924
, barrels . . 1,130
, tierces . . 1,042
, kegs .. 100
and some small parcels of wood, alloes and lime juice.
Exported from Virginia, one year with another, from 35 to
40,000 hhds. of tobacco.
Exported from Maryland, one year with another, from 25 to
30,000 hhds. of tobacco. Note, that each hhd. of Tobacco
usually contains 5 cwt.
By the abstracts of the Custom House Books it appears that
the importations and exportations from and to the several
Plantations, Michaelmas, 1697-1698, were :
AMERICA AND WEST INDIES.
||
1702.
~~t~< - ,
Into Bagdad , from BofUad, '"jKaT 1 '
ZM*
WT-ieST' ie7-l5?' MW-MH.
***_
. i
/. /. /.
I
Barbadocs
808,089 146,849 273,947
150,968
Nevis
54,748 14,547 74,857
16,477
Antego
52,903 20,756 109,440
30,435
Mountserrat
24,421 3,369 23,162
7,159
Jamaica
ls!t..->Mi IJn.771 174.S4-I
136,690
Bermuda
2,926 3,970
1,330
Carolina
9,265 18,460 12,326
11,399
Bahama Islands
184
302
Virginia and Maryland
174,052 310,133 198,115
205,074
Pennsylvania
2,720 10,701 4,540
17,062
New York
8,763 25,278 16,818
42,781
New England
31,254 93,475 26,660
127,277
Hudson's Bay
8,031 2,852 4,235
944
866,922 771,164 919,002
747.898
Signed, Stamford,
Ph. Meadows, Win. Blathwavt, John
Pollexfen, Mat. Prior.
[C.O. 389, 17. pp. 235-297.]
Feb. 5. 98. Journal of Council of Trade and Plantations.
A Repre-
Whitehall, sentation upon the Or
tier of Council relating to Mr.
Freeman's
petition signed.
Letter to the Earl of Manchester enclosing draught of revocation
of Sir W. Beeston signed.
Answer to the Orders of the House of Commons, Jan. 19 and 31,
signed, and delivered to Mr. Blathwayt to be laid before the
House.
Feb. 6. Order of the House of Lords, Feb. 5, read. Directions given
for preparing an answer.
Letter from the Earl of Manchester, Feb. 2, with reference to
the Carolina Act, etc. was read. Directions given for preparing
a report accordingly.
Letter from Mr. Burchet, Jan. 26, read.
Order of Council, Jan. 29, read.
Mr. Docmenic, Mr. Morris and Mr. Sonman* attending in
relation to the affairs of the Jerseys, a copy of Mr. Attorney
General's draught of a surrender of the right of Government to
be made by the Proprietors was delivered to Mr. Docmenic to
be communicated by him to the Proprietors of both the Jerseys,
in order to their final resolutions. [C.O. 391, 14. pp. 320-323 ;
and 391, 96. Nos. 22, 23.]
Feb. 6. 99. Governor Selwyn to the Council of Trade and Plantations.
St. Jago I arrived in Jamaica Jan. 21, after the most tedious passage thnt
de la Vega. evef wag ^ and leaving behind us several ships of our company
70 COLONIAL PAPERS.
1702.
from whom we were long since separated in a violent storm, and
have got no news, viz., two store ships, one bomb ketch, one
fireship and the Benjamin, wherein is seven companies of Tiffin's
and all my equipage, but the war not being broke out, we hope
they may yet come safe, as also part of Col. Brewer's Regiment
in the York. I cannot yet send any particular account of the
present posture of affairs, only in general terms I think everything
is in disorder and confusion. We are come to several resolutions
in Council for the defence and preservation of the Island, which
with what further happens between this and the next ship shall
be all transmitted. The chief business in hand at present is to
restore the people to the right of civil Justice, who have had no
Law but Martial for seven months past, and to try a new
Assembly, which I have resolved shall meet March 17. I have
reed, your letter of Nov. 5, with the petition of Benja. Way, to
which 1 shall have all due regard. Capt. Bannister, who was
left out of the Council, is very uneasy at it, as I hear. I have not
seen the gentleman, but am told he has a good character.
Signed, W. Selwyn. Endorsed, Reed. 4th, Read May 5, 1702.
Holograph. 2 pp. [C.O. 137, 5. No. 61 ; and 138, 10.
pp. 327, 328.1
Feb. 6. 100. Lords Proprietors of the Bahama Islands to the Council
st. James', of Trade and Plantations. We received your Lordships' letter,
the particulars whereof we are as yet entirely strangers to,
having received no advice or letters a considerable time from
the Bahama Islands ; as soon as any shall come to our hands,
we will lay the account we receive before your Lordships, that you
may the better be enabled fully to represent the same to H.M.
for his directions thereupon, and shall at all times shew ourselves
ready to joyn with your Lordshipps in restraining any disorders
committed by our Governor, or any other person employed by us.
Signed, J. Granville, Palatine ; Craven, Berkeley, M. Ashley.
Endorsed, Reed. Read Feb. 17, 170|. Addressed. 1 p. [C.O.
6, 1261. No. 45; and 5, 1289. p. 361 ; and 5, 289. p. 84.]
Feb. 6. 101. Minutes of Council of Barbados. At a meeting upon
an Alarm. Ordered that the sloop Thomas and John, Capt.
George Chowne, Commander, be immediately taken up for the
service of this Island, forthwith to sail to the Northward about
8 or 10 leagues and there to lye 48 hours, unless he see any
considerable number of ships, and if so, he is to endeavour to make
what they are, and then to make all the haste he can into the
Windward of the Island, and to make the best of his way to
relate the same to the President. But in case he see no ships
by the time aforesaid, he is to return again to windward of this
Island.
Mr. Jona. Sisson having offered his service to go down in the
sloop Marian and Rebeccah, Richard Gilbert, Commander, which
was taken up by the Commissioners appointed by the Assembly
for the service of this Island, to send out to get intelligence, his
offer was accepted, and the President was desired to issue out
\\li:i:i< \ AND WEST INDIES. 71
1702.
his ordiT- and instructions to him, for the intelligence from the
h Mauds, what designs they may be upon, and where their
fleet w. Capt. Gilbert to follow Mr. Simon's orders. The
President was desired to issue out his orders to Col Richd Kirkbv
Commander of H.M.S. Ruby, forthwith to put all the vessel* in
Road in the best posture for H.M. service and the defence
of this Island. Ordered that 20 barrels of gunpowder be
i in 1 1 ice I lately delivered out of the Magazine for the use of the
Forts, and 8 fuzees and ammunition for the use of the .If arum
and Rebecaih.
150 fire-arniH and ammunition ordered to be delivered to
Capt. Maycbck for the fortifications within his division.
< 'rdered that a shallop with her company be forthwith
impressed to carry powder and arms to the Ixeward fortifications.
Powder and ammunition ordered to be delivered out of the
Magazine to Col. Andrews for use of the forts at Head's Bay.
Feb. 7. Ordered that the forces be discharged till this day scvennight
their usual exercise, unless twelve ships or more appear in sight
or other lawful summons.
Deposition of Richard Cochran taken that an express about the
middle of January by Capt. Robt. Cunningham from St. Xtopher*
arrived at Antigua to General Codrington, signifying that
twelve French men of war from the Havana had joined 30 odd
men of war at Martinico, 20 of them being adjudged to be from
70 to 100 guns, and also that he was informed that about two
days before he left Antigua, Jan. 26, one Capt. Jones arrived
there and brought information that the French men of war
were embarqueing all their forces together with some of the
inhabitants of Martinico, which were said to amount to 1,200 men,
and that all manner of vessels were impeded going in or coming
out of any of their ports, the better to conceal their design*.
Wherefore it was supposed by a general consent of the people of
Antigua that their designs was to take or attempt to take by
way of reprizal some or all these Windward Islands in case
Admiral Benbo should commit an}- hostility either on the French
or Spaniards below, wherefore General Codrington impressed one
sloop or more with design, as Deponent believes, to watch their
motions.
Ordered that George Hooper, Jeremiuh Biddle, Edward
Simpson and others, who are officers attending the Council under
the Provost Marshall, be excused from appearing in arms in any
of the companies in the Militia during their being employed as
officers to the Provost Marshall.
Deposition of James Atkinson, Mariner, setting forth that on
Jan. 31, about 10 leagues from Antigua, he saw a light on Monk
Hill which he believed was for an alarm to that Island.
Ordered that no vessel be suffered to sail from this Island
before Thursday next, or the next sitting of the Council.
Ordered that orders be given to Col. Kirk by and to the Gunners
of the respective Forte that they suffer no French or Spanish
ships of war to come to anchor in any of the roads of this island,
and that all smaller vessels of those Nations do come to an anchor
72 COLONIAL PAPERS.
under the stern of H.M.S. Ruby, and that Col. Kirkby keep a
guard on board such vessel as shall soe be brought to an anchor
till further orders from the President and Council.
Ordered that the Assembly be called to meet on Monday,
Feb. 9. [C.O. 31, 6. pp. 145-149.]
Feb. 9. 102- Journal of Assembly of Barbados. The House met by a
special summons. Absent Members fined.
They waited on the President and Council, who informed them
that they had good reason to apprehend the speedy approach of
an enemy, and earnestly recommended to the Assembly the
appointing a Committee of this House or any others they shall
think fit to name, as Commissioners to take up such small vessels
for fire-ships or to keep off bomb-boats or to send for intelligence
as the President and Council shall from time to time find good
cause to appoint on emergent occasions, and that the charge
thereof be borne out of the Public Treasury. The President and
Council delivered the following proposals ; (1) That 3 fireships
be forthwith effectually fitted. (2) That four or five of the best
brigan tines and sloops be fitted with store of ammunition, in order
to attack bomb vessels. (3) That four Bermudas large, nimble
boats be provided to row with as many oars as good place can be
found for in them, to be well armed and manned to act in
conjunction with the aforesaid brigantines. (4) That an order
issue for the taking up all deserting, hidden, straggling sailors in
this Islr.^d, and that they may be employed for H.M. service
and defence of this Island.
Resolved, that the fireships, sloops and boats, mentioned in the
proposals laid before this House, be taken up accordingly.
Committee appointed for that purpose.
Resolved that the Speaker desire the President and Council
to issue out a Proclamation for the taking up all straggling
seamen etc., as proposed. The hire of vessels taken up, or their
value if lost, to be paid for out of the Treasury.
Resolved, that Mr. Speaker move the President and Council
that all persons living in or near the Bridge Town may be
immediately enlisted, and appear in the respective divisions where
they live.
Resolved that Mr. Speaker move the President and Council
that the President may act and appear as General Commander
of this Island upon all alarms, and that he may also appoint a
general officer to act under him in such case, and that all
Collectors and other Field Officers and Members of H.M. Council
may act and appear in their respective stations and posts, at
such times aforesaid. [C.O. 31, 6. pp. 448, 449.]
Feb. 9. 103. Minutes of Council in Assembly of Barbados. The
Board met in order to propose to the Assembly in this dangerous
conjunction to provide for the public safety in these particulars :
that the Assembly appoint a Committee of their House, or whom
else they shall think fit to name to be Commissioners to take up
euch small ships to make fire-ships or to keep off bomb-vessels,
AMERICA AND WOT INDIES. 7$
1702.
or to send for intelligence, as the President and Council from
time to time shall find good reason to appoint, the charges to be
borne out of the Pubick Treasury.
Ordered that the Keeper of the Stores in the Magazine deliver
out to Col. Frere 20 barrels of gunpowder and 3 dozen munqueU
with ammunition for the use of Oistin's Fort, and 10 | barrel*
powder and 100 musket ts with cattoos boxes and bayonet* to be
distributed among the poor men in his Regiment, who are not
able to furnish themselves.
Ordered that the Clause in the Militia Act for the encourage*
limit of servants and slaves that behave themselves well agairut
an enemy be publisht in the Churches next Sunday, and that the
Secretary write out attested copies of that clause "in order to be
BO publisht.
Ordered that Col. Tobias Frere and Col. David Ramsay have
leave to order two companies of Foot in the Regiment under
their command in any posture where they think convenient to
exercise with a troop of Horse every exercising day, and that
Col. Leslie have leave to exercise his Troop with the Foot and
march them in the same posture, if he thinks convenient.
The Assembly attending, Mr. Speaker delivered their
resolutions agreeing to the Council's proposal above : and
appointing a Committee accordingly. They moved that the
President and Council do issue out a Proclamation for the calling
in all straggling and absconding seamen, a was by Col. Richd.
Kirkby proposed, and that such men as shall be soe apprehended
be put on board the vessels to be fitted out for the service of this
Island.
Ordered that the ingredients for fitting out three Hreships bo
forthwith provided by the Commissioners appointed by the
Assembly, with all possible speed. The Board accepted
Col. Kirkby's frank and ready offer of his advice and assistance
in that matter. The proposal of the Assembly is already
answered by a Proclamation ordered on the 3rd.
Stores of war ordered to be issued to Col. Thos. Maycock for
the use of the Leeward Regiment and fortifications under hi*
command.
Ordered that two of the brass guns upon field -carriages at
Fontabell be delivered to Col. Frere for the use of the Windward
Fortifications, and one for the Hon. George Andrews, and the
other two to Col. Abell Alleyne or his order for the use of the
several fortifications within their divisions.
Ordered that six half barrels of pistol-powder be delivered out
of the Magazine to the President for tne use of the Leeward
Regiment of Horse under his command.
Ordered that the bars of lead in the Magazine be forthwith cat
into small shot.
Letters and Instructions from the Admiralty, brought by
Capt. Maughan, H.M.S. Kingsale, ordered to be entered at
large in the Council Books.
74 '.7 COLONIAL PAPERS.
1702. .;.,
Feb. 10. - Ordered that no ships sail for Europe till the sloop returns
which was sent towards Martinico.
Ammunition ordered to be delivered to Col. Andrews for the
use of the Regiment and Forts under his command.
It is the request of this Board that Capt. Kirkby stay here
with H.M.S. Ruby till Feb. 18, because by the intelligence we
have that the French lately had at Martinico about 50 ships of
war and 12,000 land forces reimbarquing about 10 days ago, and
by the information of a Master of a sloop that run up the side of
Martinico on Wednesday last [Feb. 4 Ed.}, [who] believes that
they were gone thence, for that he saw but few vessels at Fort
St/Peers Harbour, and being also informed by John Norman's
deposition that on Jan 18 last he saw 10 men of war turning up
from the westward to Martinico, which were part of those that
about three months ago went from Martinico under the
Command of M. Coetlogoon to join the 15 ships of war that lay
there on the 7th and 23rd of January last, according to the
depositions of Evan Parris and John Norman, in expectation to
be joined with other French forces : these reasons considered,
this Board hath good cause to suspect that the said French forces
may be intended against this Island, and may be now standing
far to the northward with design more commodiously to obtain
the Windward part thereof, and may reasonably infer the same
by M. Coetlogon coming so far from the Westward to join the
ships at Martinico, in order to pursue some designs in these parts.
[C.O. 31, 6. pp. 149-158.]
Feb. 9. 104- Minutes of Council of New York. Petition of Mathew
Clarkson, Lancaster Syms, Robert Walters, Richard Slater, John
Cholwell, Cornelius Depeyster, Leigh Atwood, Barne Cosens, and
Caleb Heathcote read. The said persons were allowed to be the
first discoverers, and the other matters referred to further
consideration.
Petition of Col. Bayard and John Hutchins was read, praying
their tryall may be respited to the usual sitting of the Supreme
Court, and altho' it appeared to the Governor and Council that
the suggestions of the petition, whereon their prayer is grounded,
are altogether false, yet, in favour to the said petitioners, it is
ordered that some further time be allowed, and that the special
Commission of Oyer and Terminer be not opened till Thursday
next come seavennight.
Ordered that the Attorney and Solicitor General prosecute
them for High Treason then, and that the Clerk of the Council
give them notice thereof.
Ordered that Paroculus Parmyter, late Naval Officer, do lay
before this Board all Books, bonds, and papers relating to his
late office.
Ordered that the High Sherrif of Westchester appear before
this Board on Thursday seavennight, and bring with him
Jonathan Scrifen, John Horton and Joseph Purdy.
The late Naval Officer appearing and refusing to deliver the
Books, etc., in contempt of the above Order, ordered that the High
AMERICA AXD NVEST LVDIB3.
1702.
Feb. 10.
Sherrif of the City and County of New York do seize on and secure
them, if found, and inventory the same before two witnesses And
give an account thereof to this Board.
The Hich Sherrif having seized the books, etc., as ordered
above, ordered that he deliver them to Thomas Weaver and
James fcvitUi. who are required to view the same and report
to this Board on Thursday next the state and condition they
shall find them in. [C.O. 5, 1184. pp. 618-620.)
105. William Popple to John Sansom. Requesting a return
of goods imported and exported to and from St. Christopher's
for two years last past. [C.O. 153, 7. p. 399.]
u V k u 1 ?,* 106 William Popple to the Attorney General. Knelling for
. his opinion in point of law an Act of St. Kitts, June 18, 1701
For settling and strengthening H.M. /xir/ of thtit Inland. Mr. Mead
and some other Proprietors of Plantations in that Island will
attend you with their objections, etc. [C.O. 153. 7 up 39
400.]
[? Feb. 10.1 107. William Freeman, William Mead, and the Lady Ann
Stapleton to the Council of Trade and Plantations. Petition, on
behalf of themselves and other Proprietors of lands in
St. Kitts, that since in an Act lately made there- " for the settling
and strengthening of H.M. part of that Island," there are several
clauses which are not only destructive to many of H.M. good
subjects, but also to petitioners' estates and their titles to land
in that Island, a day may be appointed for this to be heard,
before report is made to H.M. thereon. Signed, Wm. Freeman,
Wm. Mead, Ann Stapleton, Frances Duport, John Helot.
Endorsed, Reed. Read Feb. 10, 170$. 1 p. [C.O. 152, 4. No. 83.]
Feb. 10. 108. Journal of Council of Trade and Plantations. Secretary
Whitehall, ordered to write to Mr. Sansom.
Mr. Mead presented a petition against a late Act of
St. Christophers, which was read. Ordered that the Act be
sent to Mr. Attorney General for his opinion in point of Law.
Mr. Mead was acquainted that he and the other Petitioners may
offer their objections to Mr. Attorney as they think fit.
Ordered that Mr. Hutchcnson have notice to attend to-morrow.
Feb. 11. Orders of Council, Dec. 18, considered. Ordered that
Mr. Mead and Mr. Hutchinson attend to-morrow.
Feb. 12. Mr. Mead, attending, acquainted the Board that he has not
received the exemplification of the Appeal certified by
Mr. Quarme, the Secretary of Antego, to have been granted by
Col. Codrington and the Council of that Island, Sept. 6 last,
nor does he know anything, directly or indirectly, of its being
arrived in England. Mr. Hutchinson, attending, acquainted the
Board that what he has offered upon occasion of Mr. Mead's
petition has been done only upon his own voluntary inclination
to vindicate Col. Codrington from the reflections cast upon him,
76 COLONIAL PAPERS.
1702
but not by any Instruction from him, adding solemnly that he
does not believe Col. Codrington to have any manner of interest
in the suit between Herbert and Mead. As to Herbert's concern,
he leaves it to be managed by Mr. Merryweather.
Further progress made in the Report under consideration
relating to the petitions of Mead and Shipman. [C.O. 391, 14.
pp. 324-328 ; and 391. 96. Nos. 24-26.]
Feb. 11. 109. Josiah Burchett to William Popple. I have communi-
Admiralty cated to my Lord High Admiral your letter of Feb. 2, and his
Office. Excellency did yesterday discourse with the Navy Board about
that matter. Formerly the Navy did send a large chain for a
boom for the security of St. John's Harbour, but it was then agreed
that the Officers employed by the Ordnance should take care for
the fixing thereof, and buoying it with masts, and the rather for
that the country does abound with trees fit for that service, and
in regard the performance of a work like this is altogether remote
from the business of the Navy and consequently ought not to be
done at the charge thereof} H.E. does not doubt but the
Principal Officers of the Ordnance will take the necessary care
for its being done. Signed, J. Burchett. P.S. The Officers
and Companies of the ships that next go to Newfoundland will
be directed to assist in this service. Endorsed, Reed. Read
Feb. 17, 170. Addressed. 1 p. [C.O. 194, 2. No. 58; and
195, 3. pp. 34, 35.]
Feb. 11. 110. Minutes of Council of the Massachusetts Bay. 400/. paid
for work on the Castle.
John Viall of Boston, brewer, paid 311. 18s. for 116 barrels of
beer supplied to the Castle garrison, Aug. 9-Dec. 9.
John Jepson, Carpenter, paid for new shingling the Town house.
Thomas Powell and John Roulstone of Boston, Innholders, paid
for entertaining several Indians lately sent by the Eastern Indian
Sagamores on a message to the Government.
Licence granted to John Borland, Merchant, of Boston, to
erect a building on his orchard at the N.W. end of Atkinson's
Lane, provided that if he raise a steep roof thereon he shall cover
the same with slate or tile.
Licence granted to Samuel Wentworth, shopkeeper, of Boston,
to erect a timber building for a crane and salthouse upon his
wharf abutting on the Mill Creek lying before the Bakehouse of
Richard Tally.
Licence granted to Thomas Adkins of Boston, housecarpenter,
to erect a timber building on the land formerly belonging to
Peter Butler deed., nigh unto the North Bury ing-place.
Licence granted to Richard Keats to build a cowhouse near to
his dwelling-house at the Southerly end of the Town in Seven
Star Lane.
Licence granted to Andrew Belcher to substitute boards for
roughcast in the building of the warehouse for which he formerly
received licence. [C.O. 5, 788. pp. 115-117.]
AMERICA AND WEST INDUS.
1702.
Feb. 12. HI. John Sansom to Mr. Popple. Enclosing following
Custom Hou*. account. Signed, Jno. Sansom. Endorsed, Reed. ReadFeb 17
London. j p Enclosed,
111. i. Account of exports and import* to and from
St. Christophers:
To London, Xmas, 98-Xmas, 99.
Brown Sugar ...... 513 cwt.
Tamarincs . . . . . . 150 ft.
Wool Cotton .... 1 ba
To the Out Ports ...... \il
To the Out Ports, ^Cmas, 99-Xmas, 1700.
Lignum Vitae ...... 36 cwt.
Molasses ........ 11 cwt. 1 qr.
Brown Sugar . . . . . . 1 ,459 cwt.
Succaos . . . . . . . . 24 ft.
Wool cotton . . . . . . 2 cwt.
From London, Xmas, 98-Xmas, 99.
Iron wrought . . . . . . 2 cwt. 2 qr.
Pewter . . . . . . . . 1 qr.
From London, Xmas, 99-Xmas, 1700.
Apothecary ware . . . . 1 cwt.
Apparell . . . . . . . . 4 suits
Beer Strong ...... 1 1 tun 31 gall.
Books printed .. .. .. 14ft.
Hatts Castor ...... 1
Hoops, barrel ...... 14,000
Iron wrought . . . . . . 2 cwt. 2 qr.
Leather wrought . . . . 28 ft.
Pewter ........ 14 ft.
Silk wrought ...... 1 ft.
Stockings, men's worsted . . prs.
Canes, headed, value . . . . 4/.
Pictures, value . . . . . . 6/.
Turnery ware, value . . . . 4/.
1 p. [C.O. 152, 4.' Noa. 84, 84.i. ; and 153, 7. p. 409.]
Feb. 12. 112- Minutes of Council of New York. Edward Antill
produced an Order of H.M. in Council, June 12, 1701, declaring
the decree of the Governor and Council, June 22, 1700, in favour
of Abraham Depeyster against Valentine Cruger reversed and set
aside.
The Commission of Oyer and Terminer prepared by the
Secretary in obedience to an order of this Board, Feb. 9, being
approved of, the Justices therein mentioned took the oaths
appointed by Act of Parliament, with an oath for the due
execution of the said Commission, and subscribed the Test and
Association, and Thomas Weaver took the said oaths, etc.
Ordered that the Clerk of the Council go to Col. Bayard and
Alderman John Hutchins and acquaint them that a Commission
of Oyer and Terminer is this day issued for their trial on
Thursday. [C.O. 5, 1184. pp. 620^622.]
78
COLONIAL PAPERS.
1702.
Feb. 13.
Whitehall.
113. Council of Trade and Plantations to the King. We
have examined the petitions of William Mead, Wm. Shipman,
and Thomas Harvey (see Cal A. & W.I., Dec. 18, 1701), and
finding the complaints to be principally against Gov. Codrington,
have heard Mr. Mead and Col. Codrington's Agents. Arguments
summarised. It appearing that an Appeal to your Majesty has
been duly granted, it seems to be incumbent upon the petitioner,
Mead, to lay the same before your Majesty, in order to your
Majesty's determination thereon, without which the proceedings
made in the Leeward Islands cannot legally be reversed, nor the
petitioner have any remedy, unless he do show cause why such
an appeal, granted as aforesaid, has not had its further progress.
And whereas Mead alledges that he suffers daily great damages
bv being kept out of the possession of the [Harvey's] Plantations,
we humbly offer that when he shall bring his appeal before your
Majesty in Council, a day be appointed for the speedy hearing and
determining the same. And in relation to Col. Codrington's
conduct in this matter, we further offer that copies of the foresaid
petition be immediately transmitted to him, and that he be
required to return a speedy answer thereunto ; as also that he
take all possible care that the Petitioner be not upon any account
prejudiced by any forcible or irregular proceedings. Signed,
Stamford, Ph. Meadows, Wm. Blathwayt, John Pollexfen,
Mat. Prior. [C.O. 153, 7. pp. 400-408.]
Feb. 13.
Whitehall.
114. Council of Trade and Plantations to the Board of
Ordnance. We desire you would send us an estimate of the
value of the stores and materials of war mentioned in the
enclosed paper as soon as may be, it being necessary for H.M.
service that we be acquainted therewith. Signed, Stamford,
Robt. Cecill, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen.
Mat. Prior. List appended : 100 great guns, 12ft. long, with
a suitable proportion of shot and all other ordnance stores for
them. 50 cannon of 24 to 18$. ball, and 2 mortars, with
granadoes and bullets in proportion. 4,000 hand granadoes with
fuzees. 600 firearms. 400 heads for half pikes. 20 long sakers.
12 guns for a small Fort, 6 guns 12 pounders, and 6 18 pounders,
with shot. 4 long sakers, 500 saker shot, and 20 barrels of
cannon powder. Masts for floating a chain at the entrance of
St. John's Harbour in Newfoundland, with a boom and necessaries
for fixing the same. [C.O. 324, 8. pp. 68, 69.]
Feb. 13.
Whitehall.
Feb. 14.
115. Journal of Council of Trade and Plantations. Representa-
tion on Orders of Council, Dec. 18, relating to Mr. Mead's and
Mr. Shipman's Petitions, signed.
Letter to the Board of Ordnance signed and sent.
Report to the House of Lords, in pursuance of their Order of
Feb. 5, considered.
Further progress made with report to the House of Lords.
[C.O. 391, 14. pp. 328-330; and 391, 96. Nos. 27, 28.]
AMERICA \\D WEST INDIES. 7*
1702.
Feb. 14. 118. Minutes of Council of New York. Petition of Barne
Coaena read and referred to a Committee. Petition of Col. flJob
to read, praying a patent issue under the Seal of the
Province to him, Robert Walters, Leigh Atwood, Cornelius
Depeyster, Richard Slater, John Choi well, Mathew Clarlwon,
Lancaster Syms, Robert Lurting, and Barne Cosens, under a
moderate quit-rent, for a tract of land in the County of \\Vstchester
bounded northerly by Croton River, easterly with Byram River
and Bedford Line, southerly by the land of John Harrison and
his associates and Rye Line stretching to Bvram River, and
westerly by the land of Fredrick Phillips and Bronks River,
petitioners having purchased the same of the Indians, and granted ;
the Attorney General being indisposed, ordered that a warrant
issue to the Solicitor Genera! to draw a patent as desired, under a
yearly quit-rent of 6/. 5$., New York money, and that the Secretary
engross the same and affix the seal of the Province thereto \C (')
6, 1184. p. 622.]
Feb. 16. 117. Council of Trade and Plantations to the House of Lords-
Whitehall. Reply to Order of the House, similar to that given to the Houso
of Commons, Feb. 5. Signed. Stamford. Ix>xington. Ph. Meadows,
Wm. Blathwayt, Jon. Pollexfen. Mat. Prior. [C.O. 389, 14.
pp. 299-386; and 389, 37. pp. 310-415. |
Feb. 16. 118. Journal of Council of Trade and Plantations. A
memorial signed by Mr. Cater in the name of Mr. Bate and Mr.
Prisick, desiring copies of the Article relating to Appeals in the
Instructions of all Governors of Barbadoes since that Island has
been governed by virtue of Commissions from the Crown of
England ; and desiring likewise the inspection of the Instructions
to the Governors of all H.M. other Plantations upon that subject,
being offered to the Board, and read, the said paper was returned
to Mr. Cater, and he was told that their Lordships do not conceive
it proper for them to give copies of or communicate the Instructions
given by H.M. to his Governors without his particular directions.
Answer to the Order of the House of Lords, Feb. 5, signed, and
the Earl of Stamford was desired by the Board to present it to
that House.
Feb. 17. The Earl of Stamford acquainted the Board that he had done so.
Letter from Mr. Sansom, Feb. 12, read.
Letter from Mr. Burchett, Feb. 11, read. Their Lordships
resolved to take into their consideration to-morrow morning the
business relating to Newfoundland. Mr. Thurston to attend.
Letter from the Lords Proprietors of the Bahama Islands,
Feb. 6, read.
Draught of a report ordered some while since to be prepared
upon the Carolina Act relating to the Admiralty being laid before
the Board, their Lordships thought fit in the first place to acquaint
the Lords Proprietors with the matter. Letter ordered
accordingly. Mr. Cole presented a Memorial to the Bond
(Feb. 17) relating to duties laid in Carolina upon ships belonging
to England, and also a Memorial relating to irregularities in the
80 COLONIAL PAPERS.
1702.
Bahama Islands ; of both which matters he promised to make
affidavits, and to get other affidavits made before a Master of
Chancery by other persons, and to lay them before their Lordships.
Feb 18 Letter from the Earl of Manchester (Feb. 17) read, and an
answer returned thereunto. [C.O. 391, 14. pp. 330-335 ; and
391, 96. Nos. 29-31.]
Feb. 16. 119. Minutes of Council of Virginia. H.E. laid before the
At the'House Council the Letter of the Council of Trade and Plantations,
>f p Au 8- 14 > 1701 ' with the Order of the Lords Justices, July 31. 1701,
in Gloucester 6 ' which were read and referred to a further Council. Letters of
County, the Council of Trade, Aug. 20, and Mr. Popple's letter, relating to
Mr. Lewis Burwell, read. Ordered that copies be sent to him ;
and that he return an answer at the next meeting, whether H.M.
Order constituting him of the Council here be yet come to his
hand.
Ordered that a full Council be held at H.M. Royal College of
William and Mary on March 11.
Whereas by several late advices from England it appears that
the French King hath, contrary to his faith and in open violation
of the Treatys made with H.M. King William, presumed to
proclaim the "pretended Prince of Wales King of England, etc.,
and that thereupon a general war will in all probability ensue
wherein H.M. our dread Sovereign, his Kingdoms and Dominions
are likely to be deeply engaged, H.E. and the Council have thought
fit to appoint Wedn., March 11 next, to be kept and observed
by H.E., the Council, the Trustees, Governors, President, Masters
and Scholars of H.M. Royal College of William and Mary as a day
of fasting and humiliation , and that divine service be then read,
and a sermon suitable to the occasion preached before them within
the said College. March 18 to be observed as a day of fasting
and humiliation by all other the inhabitants of this Colony.
Proclamation ordered accordingly. Proclamation for proroguing
the General Assembly to March 25 signed.
Leave granted to Capt. James Moodie, Commander of H.M.S.
Southampton, to careen her when and where he thinks fit. Warrant
ordered, to enable him to impress carpenters required, not belonging
to merchants' ships.
H.E. undertook to advance Capt. Moodie the 501. he required
for buying sails for the sloop.
Capt. Moodie complaining that two of his men were harboured
and detained on shore, and particularly one of them, Wm. Horsfeild,
above this three months by Alex. McDaniel and Edwd. Cawlip
of York County, as appeared by Horsfield's deposition, ordered
that Mr. Benjamin Harrison prosecute McDaniel and
Cawlip. Samuel Selden by his petition complaining of several
dilatory and illegal proceedings of the justices of Elizabeth City
County in a suit depending in that Court between him and Robert
Beverley, ordered that a cop} 7 of the petition be sent to those
Justices for their answer at the next meeting of Council.
H.E. and Council taking into consideration that many very
loyal and dutiful Addresses have been presented to H.M. from
AMERICA \M> \VE8T INDIES. 81
1702.
most of the Counties and Corporations, etc., in England, tentifyinir
their resentment of the French King's presuming to proclaim
the pretended Prince of Wales King of England, etc., do conceive
it oroper that notice be given to all the Commander in Chief
and other officers of the Militia, and to the Justices of the Peace
of the several Counties, that the like Addresses from them would
be very agreeable to demonstrate their Loyalty and Affection
to H.M. person upon this occasion.
There being no person constituted Clerk of the Council, William
Robertson was appointed to take the Minutes of this meeting
[C.O. 5, 1409 pp. 193-195.1
[Feb. 17.] 120. Mr. Cole to the Council of Trade and Plantations. On
June 26, 1701, I arrived at New Providence, came just within
the Point to anchor, the Governor's boat came aboard requested
me ashore. I said I would waite upon him as soon a* I was drest.
Before I could doe it, he fired a shot at me. When I came a*horo
he bid me welcome, but dam'd mo, and a*kt why I did not come
sooner ? I told him I had not been an hour anil half at anchor.
He tould me I should pay eighteen shillings for the shot. I said
it was not just. He churlishly asked for all my letter*, and
charged me upon my oath to deliver them every one to him.
I said it was more than ever was demanded of me under anv
Government. He said he would have them. I tould him as
for the public letters he might do what he pleased with them,
but private and particular letters of my own business I should
not deliver. The Public let tent I see him open. About two
hours after, being in a public house with him, a Gentleman of the
place in discourse said it was hard that every private man'.-*
particular affairs should be known by the public. I chance to
say it was a barbarous act. The gentleman, Mr. Light wood,
saying it was not just, the Governor presently drew upon him,
and swore Dam him, he would murder him. Mr. Light wood
clasping hold of the sword, prevented him. He still swore and
dam'd that he would murder somebody or other, if they should
contradict him in any such thing, for he would do what he pleased.
About four in the afternoon he met Mr. Graves, the King's Collector,
in the street, and asalted him after this manner, "You pittiful
Custom-house officer, you Rogue, if ever you goe aboard of any
vessel before my boat has been aboard, I'll rost you alive, you
dog." Mr. Graves answered his Commission ordered him to
go aboard of all vessels within that government when he thought
it necessary, therefore he was oblidged to do it. " God damme
you, you rogue," replied the Governor, " I'le go aboard yea [? you] "
and so flew upon nim and beat him with his cain most sorely.
Mr. Graves endeavoured to defend off the blows with his hatt ;
he with one hand took hold on his hatt, and with the other beat
him over the head with the head of his caine, and then committed
him to the Fort prisoner, and ordered irons to be put upon him
(as the Marshall told me), but could not find any that would
fit him. The Governor gave him liberty to come out of prison
this evening. Saturday the 28th, I went to Mr. Graves to enter,
82 COLONIAL PAPERS.
1702.
but he was so abused that he could not wright my permit. I
did it, as he dictated, then he (with much paine) signed it.
Sunday, 29th, appeared two saile, which give an allarum,
being all at arms in the Fort. Some said it was a read seaman
(sic). The Governor answered, " I wish it may, he shall be very
welcome," but it proved a Portuguese, belonging to the Agento
[? Assiento], who left her negros on Abbico, having been lost in
the Gulf, and in great want of provisions. He would not let
any go aboard but his creatures, that he might ingross all the
Trade to himself. I had several European goods with provisions
of Carolina, which he wanted. The Governor would have bought
the provision of me, but at half the price. I would not sell it
him, for which, I was informed, he swore he would be revenged
of me. Soon after the arrival of the Portugues he endeavoured
to hire a sloop to fetch his negroes. The Governor would not
lett any body agree with him but whom he pleased. At last
he agreed with Reed Elding, who was forced to promise the
Governor to give one third of what he should agree for, which
was 200 pistolls. They went for them and in three days return'd
back again. In this time several arbitrary actions was committed
on the poor people who brought fresh provisions to sell to the
Portuguese, it being by the Governor's house where they came
ashore, he seeing them, took it away and paid what he pleased.
If they went away seeming not contented, he would swear and
dam them, he would cut their ears off.
Aug. 3. Was brought in by a privateer, or if more justly
may be called a pirat, and the Governor, whose Commission was
to bring in all vessels that they should find amongst Lucaos
Islands, except those that had cleirings from England. A
Bermudion's sloop laying amongst them mending her sails, they
takes him by force of arms, he nothing in but provisions for his
company, and brings him here to condemn him as a prize, puts
two of the men prisoners in the Fort with irons, but before that
brings them before him, and as his accustomed way is, Hectors,
swears and dams them, and sometimes ready to strike, calling
them thiefs, rogues and doggs, with threats that he will put
them to their oaths against their master and Goddam them if
he catches them in the least tittle not agree, he would cut their ears
off, whipp them and hang them (as the prisoners themselves
informed me). A lad of about 18 years old, being thus affrighted,
did owne that about two years agoe the sloop took in about
800 bushels of salt at Turks Islands, which is not in the jurisdiction
of this government. On Aug. 4 the sloop was to be tried, the jury
was summoned, but no declaration fil'd, the defendant could
not know what he was accused for, but the declaration was read
hi Court, and the sloop accused for loading salt at Turks Islands.
The Master could get nobody to plead his cause, the people
generally are so afraid of the Governor, he espousing the
prosecution, so that they durst not speak or doe justice in noe
terms, if he dictated the contrary, he ruling these poor people
by such an arbitrary power. The Court was adjourned till the
7th. On the 5th, I went to the Governor's man, the Naval officer,
AMERICA AND WEST FNDm 93
1702.
to know my Port Charges, thinking to sail this day. He told me
1LTS ^VS 1 a r nd I * 6 ' of P wfer ' or * P tun w hich would
101. 10*. Od. I said it was very unjust, the Law and Custom
of the place was 14*., Naval Officer fees, and |/6. of powder per
tun. He said it was in vain for me to dispute it, for the Governor
swore I should pay it. I answered it must be in such arbitrary
government as this, otherwise they would not exact it.
At ten in the morning the Governor went aboard bis ship and
hoisted his flag, and bore his shipp athwart the Harbour. I
coud not find anybody had given him a challenge, therefore
know not the meaning of it. But soon after he fired a shot up
the Harbour, then two more at my ship, and, as I was told, he
said of me that I was a prodigal dogg, sink him, but Me bean
you out in it. At length I was tould it was to put out my coullers,
but my men being gone about five miles off, and I ashore, bad
nobody to put them out. I presently ordered a boy aboard to doe
it, but before he could, the Governor sent his boat with six men,
and by force and violence took them away. The people told me of
it. 1 answered, it was a dnmking frolick, and to-morrow they
would send them again. The Governor came ashore. "I
did not go to ask for them, lest his being hot in drink should
quarrell with me. He finding I did not come, send his man for
me at 3 in the afternoon, and churlishly asked why I would not
pay my Naval Officer's fees. I answered, I was ready to pay
what the Law required, his demands were unreasonable. He-
said if he had been there, he would have broke my head for saying
fsoe] if I must pay it, it must bo by arbitrary power. I said,
I did not say it to him, but to his man, the pretended Naval
Officer. He swore, dam me, I should pay him presently before
I went. I answered, I had not so much money about me, but
if his Honor pleased I would leave my coat in pawn, before I
would be prisoner myselfe, till I fetched it. He aara'd and curst
me, and askt why I did not pay my powder. I said I was ready
to pay what the Law of the Country required, which was lib.
per tun. He swore I should pay a pound, for no Laws in that
country was in force till he made them ; then I was not obliged
to pay anything but what was customary. He swore I should
pay what he pleased. I told him I was ready to pay what he
required, let his man, the officer, give me a receipt, that I might
answer it to my owners. His reply was, No, dam you for a dog,
he shan't. Then I said, Let me but bring two of my men to
justify what I pay. I won't differ with your Honor. " No,
you dogg, I won't." " Neither," said he, "you shall not goe to
the Pond to load." " If your Honor had told me so at first,
I had taken other measures ; when your Honor offered me my
load of salt at 5rf. per bushell ready money, you told me of no
such thing." He swore I should not goe.
At 6 in the morning I was summoned to wait upon the Governor
from his door to Church. At 8 I went to the Castle and found
men at arms about thirty. They marched out the Fort and
drew up before the Governor's door, all the Gentlemen of that
place standing there, being summoned to wait upon him to
84 COLONIAL PAPERS.
1702.
Church. If they did not, they must expect to be beaten, if not
ruined in their intrist, so that the people are miserable living
under such arbitrary and military Government. After Sermon
we returned to the Governor's door very orderly, where we was
dismissed .
Monday the 7th, at 6 a.m. I went to the Naval Officer to cleare,
who demanded 31. 6s. Qd. for his fees. I desired the particulars.
He answered, He durst not give it me, for he was but a servant
of the Governor's, and was ordered the contrary. I said I would
send my Mate with the money. He answered, he dare not take
it of anybody but myself, nor in presence of anybody. I then
waited upon the Court where I was summoned for a Juryman in
trial of the sloop. The Court being set, the Governor came in,
set himself by the Judge, called for the list of the jury, found my
name there, ordered me to depart the Court. I said I was sum-
moned. He bid me gone. I desired liberty to stay and hear the
trial, but he would not grant me it. I was forced away. No sooner
was I gone, but he swore I was an impudent dog, he would break
my head before I went thence, before the whole Court, as I was
informed. After the Governor had packt the Jury, he left them
and on the trial the Master of the Sloop and his Attorney
desired them to prove the jurisdiction of the Court of that place,
Turks Islands, and by evidence, if they would permit him, he could
prove the Lords' pattern (? patent) did not extend to that, but was
not granted it, but a sham Instructions of the Lords Proprietors was
brought into Court, wherein, as the Judge would have it, the
Lords has ordered that if any vessel loaded with salt there, they
should be confesticated (sic), which the jury took for granted.
The Master and his Attorney speaking in defence of his right,
the Judge struck his hand on the table, and swore if they speak
a word more he would commit them both to prison. So
condemnation put upon the vessel.
At 2 p.m. I sent my mate with 3. 6,s\ to pay my Naval Officer's
fees. The Governor told him it should not be received without
I came myself, and at the same time called me all the rogues and
villins he could imagine, and swore he wd. break my head.
I was forced to send 70/6. of powder. I durst not deny it, least
he should murther me, he having this day wounded a man in
the arm in two places with his sword, the man with some others
being on the Guard. He was at least 65 years old ; he had
committed no other fault than letting the Captain of the
Portegues ship goe into Reed Elding's house, being just by where
they landed, this poor old man not being able to run from him
as the rest of the Guard did, he wounded him as aforesaid.
I carried my mate with me to desire at the Secretary's offices the
Act of the Country for paying port charges, to justifie before my
owners the unjusts (sic) done there, but could not get it. At
6 p.m. I see the Secretary goe to the Governor's, and as I judge
told him of it. The Governor came to Towne. As soon as I
see him, I made away, having foreseen his barbarous and inhuman
actions. He sent his Marshall after me, who brought me back
his prisoner. I forced myself into a house, seeing the Governor
AMERICA AND WEST INDIES. 80
1702.
come with his caine to strike me. The Governor and Mnr
followed me, he beate me, pulling me by the neckcloth and the
Marshall by the Arm about the floor, and abusing me in a moat
barbarous manner, cutting my face with the head of hi* caine, and
broak my head so that I bled very much, then committed in
custody of his Marshall, sent me aboard, damming and cursing
ii M in his most brutish way, saying I'll teach you to ask questions.
Thursday, 8th. Being very much out of order, I sent my mate
ashore to cleire, I being not able to go myself, he having given
me most cruel and barbarous bruises, so that my urin was like
blood. I was much afraid he had given me my mortal wound
by some of those barbarous kicks he gave me on the back and belly
when I was hawled by him and his Marshall on the ground. When
my Mate came before him he curst him and said he would break
his head, and bid him be gone, and sent for me ashore by his
Marshall. I was not in a capacity to come. He then sent his
boat with five men and a black ruffin fellow Commander, who
came after a ruffin manner to my cabbin side, and said the
Governor ordered me to come ashore and bring my ship before
the Fort. I thought he would serve me as he had done the
Bermudian. I told him I was not in a capacity to come, I was
so abused by him. He said I must, if not, they would fetch me.
So with much pain I went to the Governor. He then after his
brutish way, abused and curst me, and said he'd teach me how
to obey command. I said, I thought I was to obey the Laws.
" No, you dog, I'll make you bring your ship before the Fort,
or else it shall be worse for you. So for fear of being raurther'd
by such a New-England-Canadc- Indian, whose nature U most
barbarous, I ordered my men to do it, before he should send his
rogues to robb and rapin upon me. He further said I did not
tell him when I took brazeletto wood aboard, and for that my
ship was forfeited. I said I had a permit from the King's Collector
so to do, and that I had done nothing contrary to Law.
He said I had cheated in the weight, and that I should land it
all and weigh it. I offered my oath with the Gentleman's that
I bought it of, but he said he would take no man's oath. I left
him. He once told me I was one of Mr. Aymo's creatures, that
pittiful rogue. I answered I was not his creature, nor had nothing
to say against him. My ship was brought down before the Fort
and at 2 p.m. the^ermudion's sloop was exposed to sail. She
was bought for 336/. Providence money.
Wednesday 9th at 6 a.m. went to the Governor before he was
warmed with drink to get him to accept the people's oath I bought
the wood of, though before that it was not customary. At last
he said he would, but swore I should not go to the pond to load
salt, but should hire sloops to fetch it (which was another villainous
act), but said he would hire me the Bermudion's sloop, which he
took from the Bermudion the day past. I thanked him, and said
I would consider of it, but was resolved to have nothing to do
with such an ill man, lest I should bring myself into a worse
trouble, he being Judge and Jury and everything, and what his
\\ ill and pleasure is must be a law. The 10th, the Gentlemen
86 COLONIAL PAPERS.
1702.
I bought the wood off gave their oaths of the weight, I also did
mine, all this being out of pure malice to put me to trouble and
charge, because I would not suffer my owners and self to be
devoured by him. At 6 a.m. I went to the Governor to desire
him to let me goe to take in my salt which I had bought, and ready
to pay the Lords' Tithes. He said he would consider of it, and
bid me come about 2 hours after. This delay was no other than
to force me to pick myne owne pocket and give it him. He sent
one of his creatures to me, who speaks that language, but I could
not do it, I told him. At time appointed I went to him again.
At last he granted me liberty to go on this condition, to say you
shall take your oath that you shall carry no man's letter of
this Island, but shall be brought to me, and that I should pay
for the salt after the rate of 13%d. per bushell, which I bought
for \d. He asked me to present him with two bever hats. I
told him I had none. He answered that my Pilott had. I said
I must pay him 506-. per hat. His creature, the Judge, being by,
said what signified 51., place it to account. I said my owners
would not allow it me. The Governor swore, begod he would
have them, or I should not goe, soe, to redeem myself e and ship
out of prison and saverly (slavery) I was obliged to comply with
all his unjust demands. At 10 o'clock I sent a white beaver's
hatt to him, he having a black one before. I went not neare him,
for generally in the afternoon he is hott with drink, and then
cares not what he does, so that the poor inhabitants are in danger
of their lives, as well as strangers, if they do not give away what
they have to him, and sell it him at such terms as he pleases.
Sure I am there is a juster Government amongst Piratts and
Thieves than under him. His Marshall is one of those rogues
that belonged to that great pirate, A very, and one of them that
ran away with the Charles from Carolina. Friday at 6 a.m. I went
to the Governor to see if he would let me go. I told him I brought
money to pay his demands. I requested a receipt. He gave
me one, but would not mention what money I paid him. He told
me I might have my bever hatts again. I sent for them, but
he would [? only] send me one. I gott my cleirings, and bid
him and Providence farewell as long as he governs. No signature.
Endorsed, Reed. Read Feb. 17. 170J. 7| pp. [C.O. 6, 1261.
No. 46 ; and 5, 1289. pp. 362-380.]
Feb. 17. 121. Earl of Manchester to the Council of Trade and
Plantations. The enclosed heads of a Bill for reuniting to the
Crown several Proprietory Governments in America, and
particularly Pennsylvania; being put into my hands that I might
lay them before the King, I thought it was fit to take your
Lordships' advice and opinion in the matter, and therefore desire
you will please to consider them, and let me know what objections
you have to any of them, whether they will suite all the proprietory
Governments, as well as Pensilvania, and whether they. will
answer the ends of your late Representation, and that you will
send me your thoughts upon them in writing as soon as
conveniently may be, that I may lay both before H.M. at the
AMERICA AND WEST INDUS. v
1702.
same time. Signed, Manchester. Endorsed, Reed. Read Feb. 18
170J. 2 pp. Enclosed,
121. i. Heads for a Bill for reuniting to the Crown several
Colonies under Proprietary Government*, particularly
that of Pensilvania. (1) That the Military Government
by land and sea be reunited to the Crown/ (2) That the
person the King deputes his Commander in Chief may
have the superin tendency of the officers of his Customs
and Admiralty for the security of his Revenue. (3) That
the Civil authority and Administration rest where they
are, as they do in those Corporations in England, where
the King has his Governours. (4) That nevertheless the
proceedings in case of Justice shall be in the King's
name. (5) That Appeals ly to the King in all causes
above the value of 300/. sterl., which hath been his
direction to other Colonies. (6) That a King has a
Negative to any Law that shall be made in the Province,
whereby the King in effect hath the Legislature and
Jurisdiction vested in him. 1 p. [C.O. 5, 1261.
Nos. 47, 47.1. ; and 5, 1289. pp. 381, 382. j
Feb. 17. 122- Michael Cole to the Council of Trade and Plantations.
Having for this eight years past ben imployed in trading to
Carolina for London, where is my habitation. I have in that
time got a decent livelihood, but the people of that Province
since the last Peace having noe implo}' for their vessels in the
South partes of America, have lately taken upon them to send
them home for England, with skins and furrs, etc. But finding
the ships belonging to England which uses that trade has
occasioned their snips not to have a freight so ready as they would,
they have therefore taken upon them to make an Act that all
skins or furrs exported from that Province in any vessel not
belonging to that place shall pay for every such skin or fur l^d.,
and on tneir owne vessels but \d. I endeavoured to get a copy
of that Act, but could not. The difference is about 3/. per tun,
or half of the freight. So that the ships belonging to England
must lay there till the wormes shall eat their bottoms out. Prays
that such unjust Laws may be made void. Signed, Mich. Cole,
Master of the Friends' Adventer. Endorsed, Reed. Read Feb. 17,
170$. 1 p. [C.O. 5, 1261. No. 48 ; and 5, 1289. pp. 359, 360.]
Feb. 17. 123. Journal of Assembly of Barbados. House met by
virtue of a special summons. There being but 13 members
present, adjourned for three weeks. [C.O. 31, 6. p. 449.]
Feb. 17. 124. Minutes of Council of Barbados. Ordered that Capt.
Gilbert with his sloop, lately returned from the French lalMlih,
forthwith go down again towards Martinico and the rest of the
French Islands, to procure what further intelligence he can, and
that an order be sent to Capt. Goodwin, gunner of Needham
Fort, to suffer the said sloop to sail.
88 COLONIAL PAPERS.
1702
Ordered that no vessel whatsoever be suffered to sail out of
this Road until we have further intelligence of the French forces
at Martinique, and that the officers give out noe dispatches for
any vessels till further orders.
Ordered that Col. Kirkby be desired to stay some further time
till the sloop, this day sent to the Leeward Islands for intelligence,
return, it being for H.M. service and safety of this Island,
and that this Board might be the better furnisht with advice
to give an account thereof to Admiral Benbo.
Ordered that the thanks of this Board be given to Jona. Sisson
for his readyness and good service done H.M and this Island by
the late trip he made in Capt. Gilbert's sloop. The consideration
of his charges therein recommended to the Assembly.
Ordered that an Order be drawn impowering Col. Peers, the
Keeper of the Stores at the Magazine, to impress any gun-smiths
for repairing arms that need it.
60 musquetts and ammunition ordered to be delivered to the
Hon. Col. David Ramsay for the poor men in his Regiment who
are not able to furnish themselves.
Stores of war ordered to be delivered to Col. Abell Alleyne
for the Hole Fort, etc.
Ordered that Capt. George -Maughan, H.M.S. Kingsale, get
ready his ship with all possible expedition to cruize about this
Island, and to return on Monday next unless he discover any fleet
before, then he is to make the best of his way in to give an account
thereof, and give the signal by constant firing a single gun as he
comes along-shore.
Ordered that the Commissioners of the Fortifications be required
forthwith to buy up timber and press Carpenters for the repairing
of the carriages of the guns in the several fortifications.
Ordered that letters be sent to the absent Members of this Board,
and to the General Assembly to meet on Tuesday next, to consider
of the disposal of the arms, etc.
Ordered that the several Colonels make a return upon Tuesday
next of all persons that were deficient upon the late alarm.
[C.O. 31, 6. pp. 158-162.]
Feb. 17. 125. Minutes of Council of Bermuda. This Board taking
At the into consideration the daily expectation of the breaking out of
touse - a warr in the West Indies, and there being a great reason to hope
that H.M. will send vessels as cruisers about these Islands, and
that other H.M. ships of war may be at this juncture occasioned
to touch at these Islands for relief and accommodation, and
taking notice that the provisions in these Islands as live beef,
turkeys, sboats and fowls are in great quantities daily exported,
whereby not only H.M. ships may be greatly disappointed, but
also these Islands will be rendered uncapable to support their
own occasions, unanimously ordered that from the publication
hereof no master of any vessel export any live cattle or creatures
whatsoever, except only for their necessary use. [C.O. 40, 2.
P. 4.]
AMERICA AND WEST INDIES. 80
1702.
Feb. 17. 126. Minutes of Council of New York. Petition of
u lut rcad ' P^y* * "">* and confirmation of land
purchased by him of John Richbell in the County of Westminster
as also of land purchased by the said Caleb Heathcote of the
Indians in the said County, and that the same land mav bo
erected into a manor by the name of the Manor of Scharsdall
Ordered that a writ of ad quod damnum issue to the High Sherif
of Westchester to inquire into the premisses. Petition of
Caleb Heathcote, Joseph Theale, John Horton, Joseph Purdy
Robert Walters, Leigh Atwood, Mathew Clarkson, Uncaster
Syms, Cornelius Depyster, Richard Slater, John Cholwell
Robt. Lurting and Barne Cosen, setting forth that the four
first named have purchased of the Indians a tract of land in
the County of Westchester bounded southerly by the Colony
line of Connecticut, easterly by Mahaaras River,' northerly by
Bedford line and marked trees to Mahanus River again," and
southerly as the said River goes against the stream to the head
of the said River, and so to the said Colony line, which land i.
conteined within a larger tract, part of which is yet impurc-haned,
and the Indians being unwilling to sell the same to Petitioners,
and the said four ]>etitioners having agreed with the other
Petitioners with relation to the premises, and praying a patent
for the first mentioned parcel of land and a lycence to purchase
the remainder from the native Indians, the same was granted.
The Attorny General being indisposed, ordered that a warrant
issue to the Solicitor General to prepare a draft of the Patent
under the yearly quit-rent of I/. 17*. 6</., Xew York money,
there being 1,500 acres thereof improveable. and the Secretary
ingross the same and affix the Seal of the Province thereto.
Ordered that a license issue as desired, provided the land be
purchased and a return made to this Board within 12 months.
Petition of John Depeyster, Mathew Clarkson, Lancaster Syms
and John Cholwell read, praying a license to purchase lands in
Orange County upon the head of Hackensack Sadie and Pasaick
Rivers, and granted, provided the purchase be made and returned
within 12 months. [C.O, 5 ? 1184. pp. 622-624.]
Feb. 18. 127. Mr. Sheafe to the Council of Trade and Plantations.
N * W N^w 6in ' l ftte ly seized some enumerated commodities imported from
Hampshire. Massachusetts Province without security there given for its being
landed in some other of H.M. Plantations. The particulars of
the trial I now send to the Commissioners of H.M. Customs.
If this trade be permitted, it will much prejudice H.M. interest
in these parts, for under pretence of bringing such commodities
hither, they will carry the same into any foreign marcket.
I refer you unto the Lt. Gov.'s letter, who hath been and is
very zealous for H.M. service, and without whose assistance
I should have been overpowered, as I have formerly been. The
generality of the inhabitants aiming at nothing more than to
discourage the legal effecting of that which hath been enacted
by so many good Laws of the Kingdom, declaring their opinion
that the strict execution of the Acts of Trade is the ruin of these
90 COLONIAL PAPERS.
1702.
Plantations, I pray your Lordships will give such effectual orders
as shall be most suitable etc. Signed, Sampson Sheafe, Dy. Coll.
P.S. I pray your Honours' directions may be here before August
next, else shall be obliged to deliver the cotton-wool. I desired
the Court here to grant me an Appeal, but it was denied because
by an Act of this Province no Appeal can be under 1QOL Endorsed,
Reed, llth, Read May 13, 1702. Addressed. Postmark. 1 p.
[C.O. 8, 862. No. 94 ; and 5, 910. pp. 211, 212.]
Feb. 18. 128. Council of Trade and Plantations to the Earl of
Whitehall. Manchester. We have considered the heads which came enclosed
in your Lordship's letter of the 17th, and find that they can in no
way be adapted to the Proprieties in generall, or that they are
proper for Pennsylvania in particular. The chief ends proposed
by the design of reuniting the Proprieties to the Crown being, that
these Colonies should be able to afford each other a mutuall
assistance ; that illegal trade and piracy should be prevented,
and a better administration of justice observed ; that the
inhabitants of each country should be restrained from running
off to any of the neighbouring Colonies ; and that the produce of
the whole should be turned to the benefit of England. To these
ends, in our opinion, the heads we mentioned do no way
contribute, nor can we propose anything more proper on this
occasion than the Bill which was offered to the House of Lords,
the last sessions, the contents of which Bill have been duely
weighed and examined. Signed, Stamford, Jno. Pollexfen,
Mat. Prior. [C.O. 5, 1289. p. 383.]
Feb. 18. 129- Minutes of Council in Assembly of the Massachusetts
Bay. The Representatives attending, the Council communicated
what they had decided was necessary to recommend : The
probability of a rupture betwixt the Crowns of England and France,
which was expected would have hapned before this time,
and by the late intelligences seems to be hasting forward, urges
the necessity of making all suitable and early provision for the
safety and defence of the Province, particularly for the completing
of the Fortifications begun on Castle Island. Since your last
recess, some Indians have been here with a message from the
Eastern Sagamores. Their proposals and our answers shall be
laid before you. The substance of their message was for supplies
of provision and cloathing, which have been furnished. The
account you will receive from Mr. Treasurer.
Feb. 19. Mr. Treasurer laid before the Board an accompt of the
Treasury, which, after perusal, he was directed to lay before
the Representatives.
Feb. 20. Resolve of the Representatives sent up that the Treasurer
emit 3,000;. in Bills of Credit, and that 1,500Z. thereof be applied
to the carrying on the Fortifications on Castle Island, 5001. to
the procuring of provisions for the Castle, and the remaining
1,000/. towards payment of the Province Debts, with a clause to
empower the Committee for the Castle to exchange said Bills
for money. This resolve was read and referred.
AMERICA AND WEST INDIES. 91
1702.
The whole Court came together in the Council Chamber and
heard the differences between the towns of Rowley and Bradford
between Taunton, Dartmouth, Little Compton and Tiverton'
between Boxford and Topsfield, and between Sherborne and
Framingham.
Feb. 21. The hearing of the difference between the Towns of
Sherborne and Framingham was continued [CO fi 788
pp. 197-199.]
Feb. 19. 130. Board of Ordnance to the Council of Trade and
<22iM Plantation8 - Having lately received a letter from Captain
Michael Richards at St. Johns, Oct. 31 last, wherein he tells
us that nothing will contribute more to the finishing the works
there then assistance from the men of war, we send your Lordships
an extract thereof, and desire your Lopps. will take into
consideration how the help he would have may be effected, and
for order to be given therein accordingly. Signed, C. Musgrave,
J. Pulteney, Wm. Boulter, Ja. Lowther, Jon. Charlton. Endorsed
Reed. Read Feb. 24, 170$. 1 p. Enclosed,
130. i. Extract of letter from ('apt. Michael Richards to the
Board of Ordnance referred to in preceding. I p.
[C.O. 194, 2. Nos. 59, 5i).i. ; and 195, 3. pp. 36-38.]
Feb. 19. 131. Order of the House of Commons, that the Commis-
sioners of Trade and Plantations do lay before this House what
complaints have been made against Col. Codrington, and what
they have done thereupon. Signed, Paul Jodrcll, Cl. Dom. Com.
Endorsed, Reed. Read Feb. 20, 170$. p. [C.O. 152, 4. No. 86;
and 153, 7. p. 410.]
Feb. 19. 132- President and Council of Barbados to the Council of
Barbados. Trade and Plantations. Having lately received various intelli-
gences of a fleet of 30 odd sayle of French men of war that have
been at Martinique near two months under the command of
M. Chatternout (Chdteau-renavt ?) we transmit enclosed copies,
which we have also sent to Admiral Benbow by H.M.S. Ruby.
commanded by Col. Richard Kirkby, who has shown great zeal
to serve H.M. interests in this Island, being here left to supply
the place of the Ludlow, who went home with my Lord Grey,
until H.M.S. Kinsale should come hither. But after the many
reasons we had to suspect the French had designs to fall upon
this or some of H.M. Leeward Islands, by the preparations they
were making at Martinique and other Islands of landing boats
and other things, we were this day informed per the Master of
a sloop, the John and Thomas, that the French fleet was last
Friday night seven leagues to the leeward of Guardaloupe, standing
a course west-north-west, which must needs carry them Leeward
of all our Islands. Our best care and diligence have been constantly
imployed to render this Island as defensible as we can, but we
cannot be without some doubtfull apprehentions until we are
strengthened with one of H.M. Regiments and supplied with the
great guns humbly proposed, Dec. 30 last. W T e have dispatched
92 COLONIAL PAPERS.
1702.
the ship that brings this with all haste. Signed, John Farmer,
Prest., Geo. Andrews, Pat. Mein, Wm. Sharpe, Michael Ten-ill,
David Ramsay, Thomas Merrick, Saml. Cox. Endorsed, Reed.
17, Read April 24, 1702. 2 pp. Enclosed,
132. i. Deposition of Roger Morgan, Commander of the John
and Thomas, Feb. 19. On his way from Jamaica
to Barbados, coming to leeward of Guardaloup, about
7 or 8 leagues distant, Feb. 13, deponent saw 35 sail
of large ships and other vessels sheering away W.N.W.
as he believes, French vessels, three whereof he did
see to carry white flags, and one of the men that went
to the topmast head saw one flag-ship more. Signed,
Roger Morgan. Endorsed, Reed. April 17, 1702.
Copy. 1 p.
132. ii. Deposition of John Cranston, Commander of the sloop
Elizabeth and Sarah, Feb. 17. On Jan. 26, 1701 (1702),
being forced in by stress of weather to Fort St. Peers
in Martincco, deponent saw 17 sail of French men-of-war,
among which was a flag-ship of 96 guns. Deponent
was forced on board the flag-ship and detained there
3 days, during which time he was informed by the
French seamen that their design was to attack
Barbados. He was informed that there lay at Fort
Royal 19 French men-of-war more, all fit for line of
battle. During his stay, arrived a packett boat from
France, which brought news, as he was informed, that
peace still continues between England and France.
Upon which news Deponent had liberty to depart this
Island. Signed, Jno. Cranston. Endorsed as preceding.
Copy. 1 p.
132. iii. John McArthur, President of the Council of
St. Christophers, to Governor Codrington. St.
Christophers, Jan. 28, 170|. By a private hand and
friend I have lately received some intelligence, which
came from Martinico, of the French design to make
a general attack upon all the Islands under your
Government, the ground work for these proceedings
is said to be framed by their King and particular
instructions were delivered M. Shaternoe [Chdteau-
renaut] upon what account and how he is to direct
his measures. M. Shaternoe immediately upon his
arrival at Martinico dispatched two light frigates for
Carthagene to inform themselves whether the English
and Dutch fleet lay before that city and had besieged
it, and whether they had killed any French or Spaniards,
and so to make the best of their way up again to
Martinico. If it proves that any attempt be made,
M. Shaternoe is to attack this Island and Nevis at
the same time, six frigates are to fall down to Basterre
and there land 2,000 men, and thereupon M. Corpoun
is to march into the English Windward quarter with
his men, whom he has privately called together at a
AMERICA AND WEST INDIES. ;
1702.
place called the Convent and given them strict order*
to be in a readiness and attend his command, if he
cannot force his way through to join another party
that is bye [aic] Cayane River, then his if possible to
encamp at Colonel Crisp's, and to keep that pout till
supported by the party from Coyau, and after they
have subdued that part, to drive all before them, *nm t
women and cattle, to the mean body at Basterre, from
thence they are to march to Col. Lambert's house,
there to make their mean camp, the ships at the same
time to fall down and batter against Charles Fort, and
the bomb ketches to play into the same, whilst from
the land they bomb Brimston Hill, at the same instant
M. Shotternoe with the rest of the Fleet and men are
to attack Nevis, upon which they are advised by a
person of that Island, whom they stile their friend, to
land somewhere near Morton's Bay, where they will
have no occasion to make use of 'bombs ; they make
sure of Monsieuratt upon an agreement the two men,
as was intimated to your Exccllcncv not long since,
made with the late French General, that when the
French fleet came near they would throw out a white
flag four square, and if presently after they perceived
it after to fly triangular-wise, they might immediately
land with assurance of having the Island surrendered
up to them ; they also affirming to the French General
they only wanted to secure two men there and then
the rest would be easily subdued, which they would
take care to effect. After this Island and Nevis are
taken, then M. Shatcrnoe is with all his forces to attack
Antigua. They also expect 20 sail of men-of-war into
Martinico in case M. Shaternoe should sail for leeward
to drive on the same project. On board the fleet are
a Regiment of Switz, another of Villeroy, a third of
Anjou and two Regiments more of old soldiers. Signed,
John McArthur. Endorsed <w preceding. Copy. 2f pp.
132. iv. Deposition of John Norman. Barbados, Feb. 3, 170*.
On Dec. 25, deponent on board the sloop Constant Jane
ran under the lee of Martinicco, where at Port Royal he
saw three Flagships, carrying as he was informed, the
Spanish flag, and that there was a ship of 100 guns,
besides which there lay twelve pendant ships. He saw
at Port St. Peers a broad pendant and about 12 sail
of ships, which had no pendants hoisted. On Jan. 5
he anchored in a bay near the middle of the length of
Dominico ; there lay wooding and watering a French
man-of-war of 56 guns, having a flag at foretopmast
head, a pendant man of 50 guns and another of 70 guns,
two large fire ships and a large fly-boat, which was an
Hospital Ship. They had on shore several large tento
and very many huts made with bushes for their sick
men. On Jan. 4 he saw the six last mentioned shipe
94 COLONIAL PAPERS.
1702.
standing over to Martinico. On Jan. 18, deponent,
being then on board the sloop Friendship, Thomas
Balgay, commander, being between Martinico and
Dominico, saw 10 men-of-war turning to windward
to get into Port St. Peers, a flag at mizen topmast head,
the ship's pendants not hoisted. On Jan. 23, by Port
St. Peers lay 14 men-of-war, having two teer of guns
run out, three of which were flags, and all their colours
hoisted, firing many guns. Signed, John Norman.
Endorsed as preceding. Copy. 2 pp.
132. v. President and Council of St. Christophers to Governor
Codrington. Jan. 28, 170J. We thought it our duty
by an immediate express to acquaint you that our latest
intelligence gives us an account of a cravett arrived at
Martineque with orders from the King of Spain to
M. Chasteaurenaut, which put a stop to his design of
sailing to Leeward, he being at the same time she came
in weighing his anchor. There is now in the Road
of Basseterre one of their store ships loaden with wine
and provisions, she being drove down to this Island
by the hard winds. By her is advice of the arrival of
two men-of-war, the capt. of whom had a very private
conference with M. de Gennes for three or four hours,
and presently after went under sail for Martinique,
but by a very good hand we learn that the same snip
had before carried up the Governor of Guardaloupe
to Martineque, and after six hours stay brought him
down again, and so came directly hither. Since his
going from hence, we are advised that the result is to
fall on these Islands, and that it is resolved they shall
begin their first attack upon Nevis and this Island at
the same time, and that they design to draw 1,500 men
from their Windward Islands. We have concluded to
order every 10th negro to work on the Forts and clear
the mountain path with utmost expedition, and have
put 50 barrels of beef and 10 of flour into Charles Fort,
designing 50 and 20 more to be purchased as soon as
possible. If anything of moment offers before your
Excellency's coming down, we shal be sure to signify
it by an early dispatch. This morning arrived here
from Nevis two companies of men, one whereof is not
full. Signed, John Me Arthur, Mich. Lambert, Sam.
Crooke, John Garnett. Endorsed as preceding. Copy.
2 pp.
132. vi. Deposition of Evan Parris, master of the Gray sherry
sloop. Barbados, Jan. 14, 170|. Signed, Evan Parris.
Endorsed as preceding. Copy. 2 pp. Duplicate of
No. 8.ii.
132. vii. Deposition of Giles Fifield, commander of the Dolphin
sloop. Duplicate of No. S.iii. Signed, Giles Fifield.
Endorsed as preceding. Copy. 1J pp. [(7.0. 28, 6.
AMERICA AND WEST INDIES.
1702.
Noa. 39, 39.i.-vii. ; and (without enclosures) 29 8
pp. 1-S.]
l 9 - A 3 ? . 0rd ? r . of * in 8 in Council. Upon tho Representation
Kendngton. o f Feb. 13, ordering that Wm. Mead do lay before H.M. in Counc
the Appeal mentioned, as soon as may be. Also ordering, with
regard to Col. Codrington, as recommended in the Representation
of Feb. 13 q.v. Signed, John Povey. Endorsed, Read March fl
1701. 1 p. [C.O. 152, 4. No. 85; and 153, 7. pp. 417, 418.]'
Feb. 19. 134. Council of Trade and Plantations to the Lord*
Proprietors of Carolina. Having been required by his Majesty
to consider of an Act past in Carolina the 1st March last,
entituled, An Act for the better regulating the proceedings of the
Court of Admiralty in Carolina and the Fees of the *ame, together
with a letter complaining of the said Act as injurious to the Judge
and other Officers of that Court, derogatory to his commission
and tending to the encouragement of unlawful! trade, we have
thought it convenient in order to the report we are to make
thereupon, to take the opinion of Councill learned in the civill
law, more especially in relation to the inconsistency of that Act
with the powers and authorities belonging to the Judge or Court
of Admiralty in Carolina by virtue of his Majestv's commission
and with the methods of proceedings which ought to bo there
observed ; and being willing also to understand what your
Lordships may have to say upon that matter, we send you here
enclosed a copy of the opinion we have received, for your
consideration and such answer as you may think fit to returne
to us, as soon as conveniently may be. Signed, Stamford,
Ph. Meadows, Jno. Pollexfen, Mat. Prior. Annexed,
134. i. Copy of Dr. Newton's opinion on the above-mentioned
Act. [See Feb. 3.] [C.O. 5, 289. pp. 84, 85; and
(without enclosure) 5, 1289. pp. 384, 385.]
Feb. 19. 135. Journal of Council of Trade and Plantations. Letter
Whitehall, to the Lords Proprietors of Carolina signed.
Feb. 20. The Earl of Manchester sitting on the Board :
Upon discourse about a Bill to be brought into the House of
Lords for reuniting the Proprietary Governments in America
to the Crown, their Lordships continued in their former opinion,
agreeing that the proposals made by Mr. Penn, which were enclosed
in the Earl of Manchester's letter of Feb. 17, are no ways fit,
but that the same Bill which was before the House of Lords last
year may be very expedient.
Order of the House of Commons, Feb. 19, read. Directions
given for preparing copies of all papers relating to the matter
referred to, in order to an answer.
Sir Wm. Robinson, Mr. Jenkins, Sir Wm. St. Quintin and
Mr. Maister offered to the Board certain papers relating to the
Providence of Stockwith, John Lumby, Master, seized and
condemned in Pennsylvania by Col. Quary, Judge of the
Admiralty there, desiring their Lordships would pleMe to Mod to
96 COLONIAL PAPERS.
1702.
Col. Quay in order to an enquiry into the matters therein
contained. Col. Quary ordered to attend on Wednesday, with
these Gentlemen. [C.O. 391, 14. pp. 335-338; and 391, 96.
Nos. 32, 33.]
Feb. 19. 136. Minutes of Council of Barbados. The Hon. Col. John
Leslie was sworn in the Commission of the Peace.
Ordered that the vessels agreed to be taken up, Feb. 9, be
taken up by the Commissioners appointed by the Assembly.
Commissioners appointed and empowered to impress such vessels
as they shall think fit for carrying on that design, and agree for
all things necessary for fitting out the same, to be paid for by
the Public Treasury. 200J. paid to the Commissioners for that
purpose.
This Board receiving intelligence by the deposition of Roger
Morgan, Commander of a sloop, who, in his way from Jamaica,
about 7 or 8 leagues to leeward of Guardaloope, saw 35 sail with
white flags steering west-north-west, have thought fit not to desire
Col. Kirkby to stay any longer, but to make the best of his
way according to Admiral Benbo's orders to him, and that all
vessels bound from this Island may have liberty to sail when
they are ready. [C.O. 31, 6. pp. 162, 163.]
Feb. 19. 137. Minutes of Council of New York. Petition of Samuel
Staats, Cornelius Claesen, Abraham Provoost, Garrit Garritse,
and Barent Staats read, reciting their petition of Jan. 26, and
setting forth that the land therein mentioned is altogether a swamp,
not manurable and hardly worth anything, and therefore praying
a lycense to purchase from the Indian Proprietors 5,000 acres
adjoining thereto. Granted, provided the purchase be made
and returned to this Board in the 12 months, and that the granting
thereof be not prejudicial to any other person.
Petitions of John de Pue, and of Daniel Lake and others read.
Both appearing to be for a patent for one and the same parcel
of land, ordered each be served with a copy of the other's
petition , and that they both appear on Tuesday to make good
their allegations.
157. paid to Jacob Staats, Chyrurgion, for his salary Oct. 7,
1700 Oct. 7, 1701.
Antill brought before the Board a writ of Error in the cause,
Cruger v. Depeyster, and desired the same might be sealed, which
was done. Jonathan Serif gn, John Horton, and Joseph Purdy,
together with the High Sheriff of the County of Westchester,
appeared as ordered Feb. 9, and were examined in relation to
libels signed by themselves and others in the County of
Westchester. [C.O. 5, 1184. pp. 624, 625.]
Feb. 20. 138. Edward Randolph to the Council of Trade and
Plantations. I humbly inclose a duplicate of an Address from
the Assembly in Carolina to the Earle of Bathe and Lords
Proprietors of that Province, sent me in a letter of Oct. 13, from
Mr. Robert Stephens, one of the Representatives. He writes
AMERICA AND WEST INDIES. 7
1702.
me that Mr. Job. How, their Speaker, had ent the original to the
Earl of Bathe. Major Johnson, a gent, of that Province, told
me yesterday that 'twas delivered to Mr. Amer some time ago,
but heard nothing of their meeting to consult about it, stifling
that as they have done all other publick papers from that
Province. I therefore humbly pray your Ixmlwnips will please
to be informed from the Lords Proprietors what methods they
agree upon for supplying the inhabitants with great and small
Artillery, etc., necessary for their present defence : otherwise
that your Lordships will please to direct the prosecuting the
Bill for reuniting the Proprietary Governments to the Crown,
for want whereof all his Majesty's subjects in the Proprietary
Governments will be in great danger to be lost. Signed,
Ed. Randolph. Endorsed, Reed. Feb. 21. Read Feb. 23, 170J.
Holograph. 1 p. Enclosed,
138. i. Representatives of South Carolina to the Earl of Bathe,
Palatine, and the Proprietors of Carolina. Charles Town.
Having just cause to fear a war is already or will imme-
diately break out, and thro' your I/jrdships' Province
being a frontier to the Spaniards and French, who have
threatened to attack us and have lately attempted by
their spies to withdraw the Yam in a sc Indyans from us
to them, and so to incite the other Indyans to make war
upon us, and this Province being altogether incapacitated
for n defence for want of sufficient arms and
ammunition, we do humbly pray your Inlships
that you would be pleased to send to this Province
six guns of 24lb. pounders, six guns of 18 pounders,
six guns of 12 pounders, six small field pieces,
10 small patterns, 20 blunderbusses, 200 fiueea,
12 doz. of hand granadees, 200 cutlasses, 3 cwt. of match
powder, great shot and fusee bullets proportionable,
without which it will be morally impossible for us to
make our defence, etc. 1 j).
138. ii. Address of the Council and Representatives of West
New Jersey to the King. Burlington, May 12, 1701.
Recapitulates the disorders of the Province and pray*
that Col. Andrew Hamilton may be confirmed as
Governor. Signed, Edward Hunloke, P., William
Biddle, Tho. Gardiner, George Deacon, Jon. Beere,
John Thompson, Andr. Robeson, of the Provincial
Council ; Saml. Jennings, Speaker, Mahlon Statys,
Francis Davenport, Restore Lippingcot. John Scott,
Tho. Wilkins, John Adams, John Rambo, Thomas
Thackera, John Kay, Archaball Miggle, Simeon Ellis,
Phillip Paul, Saml. Hedge, W. HaU, Joh. Woodcock,
John Bacon, John Reading, Cler. 21 pp.
138. iii. Governor and Council of East New Jersey to the
King. Recapitulates the disorders of the Province md
prays that H.M. would command the inhabitant* to yield
their obedience to the Proprietors' Commission until
the trial at Bar be had, or H.M. pleasure be further
07
98
COLONIAL PAPERS.
1702.
known. Signed, And. Hamilton, Saml. Dennes, John
Bishop, Saml. Hale, Benj. Griffith, Wm. Sandford. 2 pp.
[C.O. 5, 1261. Nos. 49, 49.i.-iii.]
Feb. 20.
Portsmouth
in New
139. Lt. Gov. Partridge to the Council of Trade and
Plantations. Since my last despatch, Sept. 8, nothing worthy
hire your Lordships' notice hath occurred except a seizure made of
some enumerated commodities by the officer of H.M. Customs
here, viz. four bags of cotton wool and three barrels of tobacco
brought from the Massachusetts Province, into this Port, without
having given security for its being landed and put on shore in some
other of H.M. Plantations as the Acts of Parliament direct, which
was the only cause of the Collector's seizure here. The case
came to trial, where a certificate from the Deputy Collector of
Boston was produced as evidence against the King, which
certificate the jury declared was the only cause of bringing in their
verdict against the King. The Collector hath sent the coppie
of the whole case to the Treasury and Commrs. of the Customs.
There is a writ of delivery directed to the Sherriffe to cause the
Collector to deliver said cotton-wool, or seize his person, which
I have stopped the Sherriffe in making any return till the second
Tuesday in August next, against which time I humbly pray your
Lordships' directions. Signed, Wm. Partridge. Endorsed,
Reed. 11, Read May 13, 1702. Addressed and sealed. Postmark.
1 p. Enclosed,
139. i. Certificate of the Deputy Collector at Boston that the
enumerated commodities in the sloop Speedwell, were
lawfully imported from Barbados by the Hopewell
and exported by the above sloop for Newcastle. Boston,
Aug. 25, 1701. Signed, Wm. Payne, Dep. Collector.
Endorsed, Reed. May 11, 1702. Copy. 1 p. [C.O. 5,
862. Nos. 95, 95. i. ; and (without enclosure) 5, 910.
pp. 209, 210.]
Feb. 23.
Whitehall.
140. Council of Trade and Plantations to the House of
Commons. In reply to the Order of the House, Feb. 20,
enclosing copies of papers containing complaints against
Col. Codrington and our proceedings thereupon. Signed,
Stamford, P. Meadows, Wm. Blathwayt, John Pollexfen,
Mat. Prior. [C.O. 153, 7. pp. 410-414.]
Feb. 23.
141. Journal of Council of Trade and Plantations. Copies
a11 - of the papers relating to complaints against Col. Codrington
were laid before the Board, and a Report was signed wherewith
to present them to the House of Commons, which
Mr. Blathwayt was desired to do. Mr. Henry Baker, Solicitor
of the Treasury, acquainting the Board that the Earl of
Manchester has directed him to solicit the Bill wch. is to be
brought into the House of Lords for reuniting the Proprietary
Governments in America to the Crown, Ordered that all papers
in this office relating to the Irregularities in Proprietary
Governments be communicated to him.
AMERICA AND WEST INDIES. 99
1702.
Letter from Mr. Randolph, Feb. 20, read.
Feb. 24. Letter from the Board of Ordnance, Feb. 19, read and ordered
to be taken into consideration with other paper* relating to
Newfoundland.
Draught of Instructions for Col. Dudley in the Government of
the Massachusetts Bay agreed upon. Ordered that he have the
perusal thereof, and of his Instructions for New Hampshire (which
are now in hand), when ever he will call.
Feb. 25. Sir Wm. St. Quintin and Mr. Jenkins attending on the one
side, and Col. Quary on the other, in relation to the Providence,
a copy of John Lumley's Register with a certificate of it* having
been delivered to him Oct. 12, 1698, wan laid before the Board ;
and an affidavit made by Thomas Smith, Supercargo in that
voyage, was read, and a copy delivered to Col. Quary for hi answer,
and more particularly that he may explain how the money
proceeding from the sale of the said ship and good* luw been
disposed of. [C.O. 391, 14. pp. 338-342; ami 391, 96.
Nos. 34-36.]
Feb. 23. 142. Minutes of Council in Assembly of the Massnehusetts
Bay. Petition of John Eames, Samuel Eames and Nathaniel
Eames, sons and heirs of Thomas Eames of Shcrhorn wan read,
praying this Court's confirmation of some land which the Indians
of Natick consented their father should have out of their township,
to be included in the lands by them exchanged with Sherborn.
The petition being contested by Sherboni, both parties were heard
by the whole Court.
Feb. 24. Ordered, upon the difference of Tannton. etc.. that the charge
of building the bridge over Taunton great River be defrayed one
half by Taunton and the other half by Tiverton, Freetown, Little
Compton and Dartmouth according to their proportions as they
were assest to the Province tax in May, 1700.
Ordered, upon the difference between the Towns of Rowley
and Bradford, that the boundary remain as appears was anciently
agreed to by Rowley upon their allotting out Mcrrimack land
(given in detail).
Petition of the Town of Marblehead praying the Court's
consideration of the import of that harbour, and to make
provision for fortifying of the same, was sent up from the
Representatives with the resolve that 40/. be allowed the Town
towards the repair of their fortifications and for stores of war.
provided the Town spend 60/. more. Resolve concurred with.
Samuel Gallop, Sherif of Bristol, reimbursed his charges in
endeavouring the capture of Daniel Wilcox of Little Compton,
1693, who had since satisfied the fine laid upon him.
Feb. 25. Upon the case of Eames v. Sherborn, it was resolved that the
Indians' sale of land be confirmed.
Petition of Samuel Lillie of Boston, merchant, praying for an
abatement of duty upon the logwood that mav be saved from
the Mary, cast away upon the rocks before Marblehead, granted.
100 COLONIAL PAPERS.
1702.
Petition of Francis Foxcroft that the duty on 300J. value of
European commodities, the gift of H.M. to the French Church,
be remitted, granted.
Ordered that the bounds between Boxford and Topsfield be
settled according to the report of the Committee appointed
June 1700 (quoted at length).
Memorial of Col. Elisha Hutchinson of what he judged
necessary for H.M. service at the Castle was sent down, with
a reminder to the House of the Memorial presented to this Court
in May last by the Commissioners sent into the Eastern Parts
as to the state of H.M. Forts at Saco and Cascobay. \C.O. 5, 788.
pp. 199-205.]
[Feb. 24.] 143. Alexander Skeene to the Council of Trade and
Plantations. In reply to the answer in behalf of Governor
Lord Grey. (See Cal. A. and W.I., 1701.) Argues that he is
entitled to the fees for granting probates, etc., and for the
Secretary's Office. He is fully qualified to execute his office.
Endorsed, Reed, from Mr. Fullerton, Feb. 24, 1701. [Reed.] Read
March 19, 170|. \\ closely ivritten pp. [C.O. 28, 6. No. 46.]
Feb. 24. 144. Minutes of Council in Assembly of Barbados. The
Hon. Richd. Elliott informing this Board that the Assistants of
Oistin Court could not be sworn to execute the trust, by reason
of Col. Fortescue's illness, who was appointed one of the Assistants,
and that two Courts could not hold for that reason, ordered that
a letter be wrote to Col. Fortescue, that he should not fail giving
his attendance next Court, or if he believes he shall not then be
in a condition, that then he signify the same, that the Commission
may be supplied by some other person fit for that employment.
The Assembly attending, the President and Council proposed
to them to prepare an Act for the sale of some of the small arms
in the Magazine to people in this Island, by reason there are not
any to be sold in the country to supply the inhabitants ; that
the musquet barrels that lie in the Magazine that want stocks
may be fixt 12 upon a frame to be laid upon the breast-works ;
that all papers of intelligence be laid before the Assembly ; that
an [? Act] be made for raising a further supply of money for
carrying on the several Fortifications ; that Col. Kirkby
on his departure hence apply himself to this Board for
refreshments for the sick men. Whereupon this Board did order
50J. to be laid out for wine and fresh provisions for the use
abovesaid, and desired the Assembly that the same may be paid
out of the Publick Treasury.
Peter Mascoll was sworn in the Commission of the Peace.
Ammunition for Oistin's Fort ordered to be delivered to
Col. Frere.
Capt. Wm. Smith, Capt. Wm. Gilbert, Capt. John Vaughan,
John Whetstone and Richd. Perriman, were all sworn in the
Commission of the Peace.
The Council proposed to the Assembly that materials be always
in readiness to fit out two or three fire-ships ; that guns, without
AMERICA AND WEST INDIES. loi
1702.
carriages till they can be gotten, be planted in the breast-work*
and that cross entrenchments be made at the end of every trullv
and fortified with great guns on planks [or] where carnage*, are
not to be had ; that bits of old iron be bought of the severnf-mnli,
to use ui bags as partridge shot ; that a box of medicines be
provided for every Regiment with tow rags, etc.. and two
chirurgeons ; and that encouragement be given to nubtelers that
satisfaction be made for all damages done to cane*, com etc
injured at the time of alarms, and that all other matters be
effectually provided for the better defence of this Island.
An Act to revise and continue the Act to secure peaceable
possession of slaves, and to punish the clandestine detinue of them
was sent up and read once. The President and Council wen- of
opinion it could not pass, it being against H M. Instruction-*,
the same having been already re-enacted.
Ordered that the Clerk of Assembly do forthwith provide and
lay the late monthly Journals of the Assembly More this Board,
to be transmitted home. And sec following abstrafi \(" O 31
pp. 167-170.]
Feb. 24. 145- Journal of Assembly of Barbados. The House met
by a special summons from the President, and wen- informed
that several of the inhabitants wanted arms and that they are
not to be bought at present, and that there are several arms in
the magazeen which ma}- be sold or delivered out to such persons
as wants, and the money employed for buying of new arms, and
that all the old barrels of guns may be put into frames and made
serviceable, and also that some further levy may be made for
carrying on the work of the fortifications and strengthening this
Island. That it was reasonable and expedient to supply
Col. Kirkby, Commander of H.M.S. Ruby, with fresh provisions
for his sick men to the value of 501. sterl., which is desired may
be paid for out of the Publique.
Ordered that the Secretary of this Island do at the next sitting
lay before this House the respective returns of the several
Church Wardens brought in, for the swearing to the quantity of
land in the respective parishes, and also a list of all defaulters,
and of such persons as swore to their lands before his late
Excellency.
Resolved, that this House will take into consideration the
providing for the fortifications at the next sitting.
It was unanimously resolved that the 50/. ordered to
Col. Kirkby by the President and Council shall not be repaid
out of the Public Treasury. Ordered that all old arms that can
be mended, which are now in the magazeen, be refitted and made
serviceable by persons appointed by the Keeper of the Stores
of the Magazeen, and that the charge thereof be paid for out
of the Public Treasury ; and that all old barrels now in the
Magazeen and incapable of being refitted for fire-arms, be delivered
out to the Commissioners of Fortifications, to be employed by
them for the best use they can.
102 COLONIAL PAPERS.
1702.
Resolved that 1,000 substantial fuzees, with moulds etc.,
500 good ammunition swords with scabbards and belts, and
1,000 of trunck cartridge boxes made of good sole leather,
5,000/6. of ball for the fuzees, 500 fuzees for horsemen, such as are
used in England for Dragoons, with accoutrements, 1,OOOZ6. of
match, 50 ream of cartridge paper and 10 dozen of priming irons
for great guns, be bought and paid for by the Treasury. And
whereas George Peers and William Heysham have offered to furnish
this Island with the arms, ammunition and necessaries aforesaid,
it is resolved that upon the importation thereof, they be allowed
50/. sterl. per cent, upon the foot of the invoice, insurance
excepted, and the charge be borne by the Public Treasury.
Resolved that 200 of the good arms in the Magazeen be sold
at 40s. apiece to such of the inhabitants as the Cols, or
Commanders in Chief of the Regiments do certify want arms,
the money to be paid to the Treasurer for the use of the
fortifications.
Ordered that Mr. Speaker move the President and Council
that the monthly exercise of the Militia be continued until further
order.
Ordered, that a Bill be prepared for the further strength of
labourers, and that the Commissioners be impowered to make
breast-works in any convenient places within the land, or to
throw up trenches. The House waited on the President and
Council with these resolves, and the following proposals were given
to the Speaker : (1) That materials be always in readiness
to fit out two or three fireships, when occasion shall be. (2) That
guns, without carriages till they can be gotten, be planted on
the breast- works, and that cross entrenchments be made at the
end of every gully, and fortified with great guns on planks, [or]
where carriages are not to be had. (3) That bits of old iron
be bought of the several smiths to use in bags as partridge shot.
(4) That a box of medicines be provided for every Regiment,
with tow, rags, etc., and that two chirurgions be appointed for
each Regiment, and that encouragement be given to sutlers.
(5) That satisfaction be made for all damages done to canes or
corn etc. injured at the time of alarms, and that all other things
be effectually provided for the better defence of this Island.
Bill, to revive an Act, to secure the peaceable possession of
slaves etc. ; read the first time and sent up. It was sent down
with a message that inasmuch as there had been several revivals
of the first Act, and there being no special reasons given in this
Bill for the revival or further continuance of it, the Council
believed it to be against H.M. Instructions to pass it.
Feb. 25. Bill iinpowering John Lucy Blackman to sell and alien several
lands in the parish of St. Joseph read and referred till next sitting,
Blackman then to produce his evidence.
Bill, to repeal an Act mentioned therein, and for divesting
lands formerly settled in trust for certain charitable uses by the
gift of Philip Trowell deed., and for vesting and settling other
lands with TrowelTs negroes in trust only for the same
AMERICA AND WEST INDUS. 103
1702.
charitable purposes as such first-mentioned land* with said negroe*
were settled, read the first time.
The proposals of the President and Council (Feb 24) were
considered (1) Ordered that George Peers and William
Heysham forthwith provide 10/6. of camphire, 10 or IZcwi. of
brimstone, 60/6. of salt petre, 20cwt. of wire, a large jar of linseed
oil, a large jar of neats foot oil, which are to be used as stores for
the public service. (2) Provided for by the Bill for the further
strength of labour. (3) Consented to, and ordered accordingly
(4) This House are of opinion that the medicine* and other
necessaries for dressing of wounded men may be soon provided
in case of an engagement, and as to the having two ohirurgion*
to each Regiment, the same may bo appointed when the forces
are drawn into arms upon the approach of an enemy. As to the
encouragement of sutlers, we believe care is taken by the Act of
Militia. (5) This House doth consent thereto. When it shall
be considered what other materials arc necessary to be provided
for the safety of this place, this House will concur therein.
Act, to raise and provide a further strength of labourers to clear
the trenches, and repair the breast works and fortifications, road
a second time.
Petitions of William C'hearnley, Benjamin Bullard, Nicholas
Baker, Thomas Stewart, Edward Cord went, Benjamin Matron,
Samuel Nockolds, and Moses Peizxoto read, and they were granted
drawbacks on some Madera wine turned eager or exported.
Petition of George McKenzie, merchant, read, sotting forth
that several were imported and tendered to the Hon. Thomas
Sadleir, then Treasurer, who refused to accept of them, and
afterwards nine of them died, and therefore petitioner prays an
order on the Treasurer for their value as by the Act provided.
The House recommended the petition to the Council.
Feb. 26. Act to secure the possession of negroes and other slaves to
the Inhabitants, road. [C.O. 31, 6. pp. 450-455 ; and pp.
172-176.]
Feb. 24. 146. Minutes of Council of the Massachusetts Bay. Pay-
Council ments made to Constable Woodcock and Christopher Hall of
B' Attleborough.
Licence granted to Nathaniel Baker, Bisket-baker, to build
a bakehouse of timber on the backside of his dwelling, at the
north end of the town, so as that he do cover the roof with slate
and inclose the walls with rough cast. [C.O. 5, 788. p. 121.]
Feb. 25. 147. Affidavit of Michael Cole, Master of the Friend* A dventure,
that he has paid for the duty of skins shipt at Charles Town,
South Carolina, ld. per skin, and that the Receiver told him
that ships belonging to the inhabitants of that place paid noe
more than frf. per skin. Signed, Mich. Cole. Endorsed, Reed.
Read Feb. 27, 170$. Presented to the Board by Mr. Colle. J p.
[C.O. 5, 1261. No. 50.J
104 COLONIAL PAPERS.
1702
Feb. 25. 148. Affidavit of Lewis Pasquereau, of Charles Town, South
Carolina, Merchant, that he has paid the different rates, as above.
Signed, Lewis Pasquereau. J p. [C.O. 5, 1261. No. 51.]
Feb. 25. 149. Copy of the Register of the Providence of Stockwith,
Jno. Lumby, Master, condemned in Pennsylvania, 1699. Custom-
House, Hull. Oct. 12, 1698. Signed, John Lumby, sen. Endorsed,
Reed. Read Feb. 25, 170$. Presented to the Board by Sir Wm.
St. Quintin. 1 p. [C.O. 5, 1261. No. 52.]
Feb. 25. 150. Printed copy of affidavit of Tho. Smith, Supercargo of
the Providence. [See Cal. A. and W.I., 1699, 426.i., iii, etc. and
1700, 932.i., etc.] The Providence, bound from Kingston upon
Hull to Maryland, was registered at the Custom House at that
Port, Oct., 1698. For 6 months together they made no land,
and took harbour in the first Port, Newcastle, for supplies.
Whereupon one of H.M. Customs Officers demanded her certificate
of Registry, which he had no authority to do, seeing that the
Providence did not break bulk or offer to unlade there, but only
to provision and proceed on her voyage to Maryland. The
Master having mislaid or left it behind him, the officer seized
her for three days, until Lumby, the Master, procured the List
sent from England to the Governor of Maryland of ships duly
registered, whereby it appeared that the Providence had been
duly registered, and the said officer released her. Yet Robert
Quarry, Judge of the Admiralty Court at Philadelphia, three
or four days afterwards sent down his Marshall to reseize her,
altho' she had not broke bulk or offered to unlade. He illegally
condemned her and her goods, and caused the same to be detained,
altho' four or five sufficient persons then and there present in Court,
whose ability were unquestionable, offered themselves to be bail
and surety for the goods till further satisfaction could have been
had in the premisses from England. Signed, Thoinas Smith.
York, Feb. 14, 170$. Endorsed, as preceding. 1 p. [C.O. 5, 1261.
No. 53.]
Feb. 25. 161. Governor Nicholson to the Council of Trade and
Williams- Plantations. I hope in God that before this Col. Quary and
*"* ' Mr. Dionysius Wright have presented to your Lordships my
3 letters of Oct. 2 last, and that those Gentlemen (by your
Lordships' assistance) may be able to do his Majesty some service.
I have received your Lordships' letters of Aug. 14 and 20, and
your Lordships may please to see what was done hi Council con-
cerning them. I have sent to my correspondent, Mr. Micajah
Perry, to wait on the Admiralty that they would please to order
6 such Jacks to be made, and he will pay for them, because I would
willingly have no mistake in that affair, but fully comply with
your Lordships' order therein. Refers to enclosures. When the
Council meets, March 11, I design, God willing, to propound
that a loyal and humble Address may be signed by them as in
duty bound to his most sacred Majesty, whom pray God long
preserve and send him to tryumph over all his enimys, but more
AMERICA AND WEST INDIES. 105
1702.
particularly over the French King and his Perkin Walbeck.
And if that Hector of Christendom durst meet H.M. in the Field
of Battel, I hope in God that H.M. would have the same mod
fortune as Edward III and the black Prince had over the French
King John.
I thank God there is a good crop of tobacco this last year, if
there come but ships enough to carry it for England. But by the
account which I have from thence' and from the Captains* and
Commanders of ships which have lately arrived, there will not be
so many as there were last year. And by the best account*
I have there is more tobacco than there was 'then. We have had
a very fine moderate winter, so that Planters have had an
opportunity of clearing their ground, and preparing for a new crop,
and I thank God the country is at present very healthful.
On Sunday night was 7 night, till Friday Night following
inclusively, was seen ye tail (as we supj>osedj of a blazing star
(though ye star itself not visible to us) that part of it that -m.-d
to end in ye star about the horizon bore about W.S.W. and tin-
upper part pointed about E.S.E. The time of its ap|>caring to
us was as soon as it was duskish for the space of near two
hours, and it appeared to be about 40 degrees long. In-ing of ye
Colour of ye Milkey Way, and of the breadth of a Rainbow.
I intend next month to exercise the Militia in as many County*
as I can, and according to my duty do what in me lies to put
them in a posture of defence, and incourage them, if there IM- any
occasion, to fight for their Religion, their King and Country ; and
in order thereunto to equip themselves with suitable arms
and ammunition ; and I am in hope that both the Militia-Officers,
and the Justices of Peace etc. will doe themselves the justice and
honour to sign loyal and dutiful addresses to his most sacred
Majesty on account of the sham Pr. of Wales etc. Endorsed, Reed.
JuneS. Read July 22, 1702. Duplicate. 1 j large pp. Enclosed,
151. i. Copies of Proclamations for (a) Proroguing the Assembly
to Feb. 9, 1702. (Dec. , 1701) and March 25 (Feb. 16,
1702) ; (6) appointing a day of Public Fasting and
Humiliation (Feb. 16, 1702); (c) copy of an Order
from Governor Nicholson to the Colonels and
Commanders in Chief of Militia to summon the Militia
officers' and acquaint them of the French King's having
proclaimed the pretended -Prince of Wales King of
England. Signed, Fr. Nicholson. Endorsed as pre-
ceding. Duplicate. The whole 3j large pp.
161. ii. Memorandum of Minutes of Council of Virginia,
Feb. 16, 170|. \ p.
161. iii. Memorandum of Account of the 2*. per hhd. June 10-
Nov. 10, 1701. \ p. [C.O. 6, 1312. Not. 26, 26.i.-iii. ;
and (without enclosures) 6, 1360. pp. 20&-213.]
Feb. 26. 152. Governor Nicholson to [? the Earl of Manchester).
vv . iuia ? la ~ A complimentary letter. Signed, Fr. Nicholson. I p. Enclosed,
vSiii 152 - i- Governor Nicholson to the Council of Trade and
Plantations. Feb. 26, 170 J. Duplicate ol No. 151. 1 1 pp.
106 COLONIAL PAPERS.
1702.
152. ii. Copy of Minutes of Council of Virginia, Feb. 16, 170.
2 PP-
152. iii. Copy of Proclamations, by Governor Nicholson for
proroguing the Assembly of Virginia, Dec. 9, 1701,
and Feb. 16, 170, appointing a Day of Public fasting,
Feb. 16, 170, and an Order to the Militia Officers, to
summon their Regiments and suggest Loyal Addresses
to the King on the occasion of the King of France
recognising the Pretender. Feb. 19, 170J. 2| pp.
152. iv. Copy of Mr. Auditor Byrd's Account of the 2s. per hhd.
June 10-Nov. 10, 1701. Total, including balance from
last account 2,3581. 9s. 9%d., 2,9111 3s. 8|d. Debit
1,745J. Is. 5ld. Balance due to H.M. 1,22$. 2s. 3jd.
2 pp. [C.O. 5, 1339. Nos. 4, 4.i.-iv.]
Feb. 26. 153. Order of the House of Commons that the Commissioners
of Trade and Plantations do lay before this House an account of
their proceedings with relation to the complaints made to them
of the Courts of Justice in the Plantations in the West Indies.
Signed, Paul Jodrell, Cl. Dom. Com. Endorsed, Reed. Read
March 3, 170. p. [C.O. 323, 3. No. 116 ; and 324, 8. p. 69.]
[? Feb. 26.] 154- John Usher to the Council of Trade and Plantations.
Recapitulates events in New Hampshire since 1692, and recom-
mends the state of the Province to the consideration of the
Board. Signed, Jno. Usher. Endorsed, Reed. Read Feb. 26, 170 .
9 pp. [C.O. 5, 862. No. 96.]
Feb. 26. 155. Order of a Committee of the House of Commons, upon
the petition of Mr. Hodges, that the Council of Trade and
Plantations lay before them on Saturday next papers relating
to the administration of Justice in Barbados (enumerated). Signed,
R. Gwynne. Annexed,
155. i. Order of the House of Commons, Feb. 25, referring the
petition of Mr. Hodges to a Committee, named. 2 pp.
155. ii. Copy of petition of Thomas Hodges to the House of
Commons. Petitioner hath attended the Council of
Trade and Plantations for about 12 months past, and
hath not only proved the truth of his complaints [See
Cal. A and W.I., 1701], but has likewise shewn the
administration of justice in that Island to have been
much worse than his petition to H.M. (Dec., 1700) did
import. Whereupon the Lords Commissioners for Trade
and Plantations have lately made such a report as covers
the truth from H.M., and has effectually hindered the
petitioner from any relief. Signed, Tho. Hodges. Annexed,
155. iii. Particulars of Thomas Hodges' complaints referred
to in preceding. 3 pp. The whole endorsed, Reed. Read
Feb. 26, 170|. [C.O. 28, 6. Nos. 40, 40.i.-iii.]
Feb. 26. 156- Governor Crowe to the Council of Trade and
London. Plantations. Praying them to move H.M. to order the Lord High
AMERICA AND WEST INDIES. 107
1702.
Admiral to provide transport for himself, family, household goods
and equipage, as was formerly granted to Lord Grey Suited
C.o 28*6 ft!??' Retd **' 27 ' 17 ' 0|<
286
[?Feb. 26.] 157. Mr. Usher's observations on the present Councillors
of New HampKhire. William Parteridge, charged as being
uncapable; Jno. Usher; John Hincks, suspended ; Xath FrveT
laid downe ; Tho. Crawfford, dead ; Peter Coffin ; _ Green'
dead ; Robt. Elliott ; John Ge*rish ; John Wear, laid down '
Jo. Love, never excepted, and lives in England.
List of Councillor* proposed: Jo. Usher, Peter Coffin
Ro. Elliott, Jo. Gearish, Jos. Smith, Kingslev Hall
rho. Parker, Geo. Jeffrey, Peter Weare, Dudley* Hilton
Tho. Allen. [C.O. 5, 862. No. 97 ; and 5, 910. pp.' 180, 181.]
f? Feb. 26.] 158. John Usher to the Council of Trade and Plantations.
It may be for H.M. service that ye Governor upon his arrival
in New Hampshire take notice what condition H.M. Fort is in,
together [with) an account of what stow of ammunition ; that
he visit the Frontier towns, and that care be taken they secure
themselves by making of garrisons, and make report thereof.
That care be taken for a fit storehouse for arms etc. ; that a house
be built in the Fort for lodging soldiers etc., there being noe place
provided. There being this year a tax of 550/. for a jx-rson to lay
before H.M. the grievances of the province, which is a pretence that
they may thereby apply the same to private ends and uses, when
the Governor arrives it may be for H.M. service to have it applied
to building a house in the Fort for the soldiers. That all ships
coming in and going out doe come to an anchor at Xew Castle
and there clear with the Collector's Office, and the Acts of Trade
may be violated, and the officer can't prevent the same. As to
the Laws made, they never would raise any money for to have
them allowed of in England, judging, haveing no account they are
not allowed, that they are in good force and power. That even*
half year an account be sent of what money raised and how
disposed of, likewise of all goods imported and exported.
Endorsed, Reed. Read Feb. 26, 170J. } p. [C.O. 5, 862.
No. 98 ; and 5, 910. pp. 181-183.]
Feb. 26. 159. Journal of Council of Trade and Plantations. Three
Whitehall, papers from Mr. Usher were laid before the Board.
Draught of Instructions for Col. Dudley in the Government of
New Hampshire was agreed upon, and the names of the
Councillors now inserted therein ordered to be communicated
to him for his observations upon them.
Order of the Committee of the House of Commons of this date,
relating to a petition presented to that House by Mr. Hodges,
was brought to the Board and read, and directions given for
preparing the papers necessary thereunto.
Feb. 27. Mr. Cole [Feb. 17] delivered two affidavits relating to the
duties laid in Carolina upon English ships.
108 COLONIAL PAPERS.
1702.
Draught of Instructions for Mr. Crowe in the Government of
Barbadoes agreed upon and communicated to him. Memorial
from himself relating to shipping for his transportation read,
and directions given for preparing a report thereupon.
Letter to Sir Rowland Gwynne, Chairman of the Committee
of the House of Commons mentioned yesterday, signed. The
Secretary was ordered to attend the Committee with the Books
and Papers necessary to open the whole proceedings of this Board
in that matter. [(7.0. 391, 14. pp. 342-345; and 391, 96.
Nos. 37, 38.]
Feb. 26. 160. Minutes of Council in Assembly of the Massachusetts
Bay. Petition of Samuel Sewall, Ephraim Hunt, Benjamin
Walker, John Hunt and Jonathan Belcher, Proprietors of part
of the tract of land called Dracut, beyond Chelmsford in the
County of Middlesex, N. of Merrimack River, and of Samuel
Varnum and others, Inhabitants and Proprietors of the said tract
of land, praying that the said tract of land which adjoins to
Dunstable W. and N.W., and runs seven miles Eastward upon
the River from Dunstable line, and six miles Northward from
the River may be made a Township, sent up with the consent
of the House upon condition that the bounds specified intrench
not upon any former grant of townships ; that the inhabitants
of the land assist in the maintenance of the ministry at
Chelmsford as at present, until they are provided with a Minister
as the Law directs ; that a general platt of the land, taken by
a sworn Surveyor, be laid before this Court at their session
beginning next May ; that if any land shall happen to fall within
the bounds abovesaid that hath not been heretofore granted,
it shall .be reserved to be disposed of by this Government. This
resolve was concurred with.
201. each paid to the Committee of Claims for debts contracted
in the time of Sir E. Andros.
41. 7-s. Od. paid to Ebenezer Brenton for expenses in obtaining
land to accommodate an Indian settlement from Thomas Hinckley
and Daniel Wilcox.
30/. paid to Capt. Anthony Checkley, Attorney General, for his
services.
11. granted to John Wilson of Bilrica in further allowance
for his expenses in the country's service, 1691, as Lieut, of a foot
company sent into the Eastern parts.
Resolved, in accordance with the petition of the Indians
residing in the southern parts of the County of Bristol (divers
of whom have been very serviceable to H.M. in the late wars
with the Indians, and some of them brought up in English
Families), praying that a convenient tract of land may be assigned
to them for a Plantation where they may settle together in an
orderly way, and have the benefit of enjoying the Ministry and
setling a school for the instruction of their children, that
they may be accommodated with a tract of land within the
township of Tiverton lately granted to the Government by Daniel
Wilcox, to be holden by them of H.M. Government in this
AMERICA AND WEST INDIES. i
1702.
Province during the pleasure of the Government. A Committee
was appointed to supervise the settlement
Payment ordered towards the fortification* and provisioning
the Castle, and that the remainder of the 3 GOO/ voted IK!
unproved for the payment of Province debts, and'that'the imixwt
and excise in arrears be a Fund for the payment of the name
and what may fall short thereof to be made up out of the next
tax raised for this Province.
Petition read of Elisha Cookc, John Wiswall, Sarah Floyd
and Hugh Floyd, administers of the estate of John Flo'vd'
r u- W SJJ?? iented and rcad ' Paving t I* enabled by an Act
of this Court to renew two Judgments granted again*! them
at a Court of Appeals, Boston, Nov., 1690, at the uit of
Col. Nicholas Paige and Anna, his wife, whereby they were put
out of possession of a certain Farm lying in Rumney Marah and
one acre of pasture land in Boston.
Feb. 27. Col. Paige was ordered to appear.
Upon the Memorial of Col. Hutchinson (Feb. 25), tho
Representatives left it with the Council to order the inforoement
of the garrison as they should apprehend it necessary for tho
safety of the Province upon the arrival of intelligence from time
to time.
Several salaries ordered to be paid. Also. 30*. to Edward N'orlino
of Ipswich for five weeks service which John (i raves of Ipswich
served H.M. in 1696.
Accounts of the Committee for fortifying Castle Island,
amounting to 2,515/. 17*. lit/., passed.
Committee for granting claims for service done bv toldiers
in the time of Sir Edmund Andros was desired to consider certain
claims since sent in.
Petition of Thomas Drury on behalf of the town of Framingham.
that if liberty bo granted to purchase or hire a certain tract of
Indian land bordering upon Framingham. such liberty may then
be granted to the said town, sent up with the assent of the
Representatives, was negatived by the Council.
Feb. 28. (Jol. Paige attending, and offering nothing against the
petition of Elisha Cookc (Feb. 26), only that something had been
sent from England relating to the passing of Acts, a Bill was
brought in to enable Elisha Cooke etc. to review two judgements
given in 1686, at the Superior Court of Judicature to be holden
in Boston. The Bill was read and referred to the next sitting of the
General Court.
Resolved and ordered that the stock of small arms, ball and
flints lately come from England, procured at the charge of the
Province, be distributed to the regiments of Militia in proportion
to what the Towns paid unto the last Province tax.
Resolved that a daj- of Publick Prayer and Fasting be
appointed throughout the several Towns.
The Representatives announced that they had agreed to desire
Mr. Increase Mather to preach a Sermon to the General Assembly
at their convening in May.
HO COLONIAL PAPERS.
1702.
The Assembly was prorogued till April 15. [C.O. 5, 788.
pp. 205-213.]
Feb. 26. 161. Minutes of Council of New Hampshire. Ordered that
Portsmouth. Major Wm. Vaughan, issue forth his orders to Capt. Peter Coffin
of Exeter, Capt. John Woodman of Oyster River and Capt. John
Tuttle of Dover, that they keep scouts of two men daily from
King's Town to Salmon Falls River till further orders from him.
[C.O. 5, 789. p. 78.]
Feb. 27. 162. Minutes of Council of the Massachusetts Bay. Payment
made to James Allen for rent etc. for a house for securing the
powder and arms of the Province.
280/. 17s. 2d. paid for the wages of the garrison of July 18, 1701-
Jan. 18, 1702.
Licence granted to James Barnes of Boston to erect upon his
land in Prison Lane a building of timber and brick, [C.O. 5, 788.
pp. 122, 123.]
Feb. 28. 163. Letter from a French Naval Officer to a Friend.
[? 1702.] I promised to write to you by the first opportunity. You will
Tn'ton d off ie see ^ 7 ^ ' on & ^ me ^ nave ta k en to give you news that the posts
Por7o Rico, from America to Europe are badly regulated. I should have taken
longer still, but for the division of his ships Monsr. de Chateau-
Renault is making. The Chevalier de Laille is in one of those
which are returning, and I have given him my letter. The
accident which has happened to M. de Coetlogon, is the
reason why M. de Chauteaurenault has decided to go himself
and seek the galleons which are at Vera Cruz ; he only takes
with him 1 8 men of war and nine frigates ; he is sending back to
Brest and Toulon the big ships and those that are out of repair.
This prolongs our campaign for six months at the least, and we
have onl} r provisions for four. You may well believe that this
campaign will be severe, since for 15 days we have been living
on cassare, and wine upon only one of them, which is for the most
part sour or thick. This refers to the crew, but we are no better.
Happily for us we did not stay long at the Isle of Martinique,
for we arrived on the 5th and left on the 22nd of Feb. It is
a very unhealthy island, and several people died there. The
poor Chevalier Duhan died there on Feb. 19, and several other
young men. It is a disease of which one dies very quickly, and
in dying the blood rushes out through the nostrils and eyes.
The countries where we are going are at least as unhealthy, but
that is in the months of July, August and September, and by all
appearances we shall have left by then. If M. de Chateau -Renaud
had not received the news that the galleons had not followed
M. de Coetlogon, we should have begun the war in this country,
for everything was ready to attack the English Islands and that
Entigrenime, Montserrat [Mon Sara] and Barbados, but all his
plans have been rendered abortive by the arrival of M. de
Hautefort. We dressed ship [apareille] on Feb. 22 in the road
of Fort Royal in Martinique, to the number of 30 vessels, several
AMERICA AND WEST INDIES. Ill
1702.
frigates, sloops and fireships, and M. do Chateau-renaud carries
the flag of a Spanish Admiral, M. do Neraont the flag of
Lieut.-General of France, M. de Rosmadee the cornetU of a French
commander of a squadron, M. de Larteloire also has the cometU.
and he it is who is to command the ships which go to Breat, M. do
Machaut to take back those which go to Toulon. The separation
is only to take place after we have passed Jamaica, which it an
English Island, where it is said there are 40 ships, and if that
proves true we shall fight them, and continue our passage to
Havannah and Vera Crux. Those who have never be?n in these
countries believed that we should return laden with gold, Mince
it is from here that it comes, but one proverb is as true of this
country as of Rome, it is that whoso goes gueux au perou, gueux
en revient. I shall be of that number, but 'tis God's will, and
provided I return in perfect health I shall be consoled for every-
thing. I began my letter the day after leaving Martinique,
and I shall only finish it when the ships separate. I have all the
difficulty in the world to write, the heat being excessive to-day.
What a difference in climate ! You blowing your fingers (souffle*
dans V08 doigte) at this moment, and we can nardly endure a shirt.
I must tell you the cockroaches (punaises) have taken possession
of my cabin, so that I have been obliged to give it up to them
and sleep on the bridge. I shall be very glad if I do not get
ill from it, for the night dew is dangerous in this country, but so far
I am very well, though I do not often have the sign of health.
Let us hope we shall recover our former vigour when we get out
of the tropics. I conclude to-day, Feb. 25.
We have not seen anything since the Island of N'ieve Kntiqur
[? Nevis, Antigua] and Montserrat, where we <li<l not find any Eng-
lish vessels. To-day, Feb. 27, we sight the Islands of Sta. Crux and
Porto Rico. The latter belongs to the Spanish and Sta. Crux was
ours, but the inhabitants were removed during the lawt war, and it
is at present deserted. We are to pass between Porto Rico and
Espagnola, and it is there that we are to divide. Since the 25th
several of our sailors have died of the pourpre [fever], and several
others appear to be attacked by it. This is a bad beginning ; I
don't know what the end will be. Since the 22nd we have seen a
comet, which rises at 7 in the evening and disappears at 9. We are
anxious to know whether you have seen it in Europe, none of us
has an almanack, which would have relieved our anxiety. There
have been great wagers as to the meaning of this Comet. Some
will have it foretell a great war ; others the death of several
great ones. Le 28 Feuvrier devant L'l*le de Porterique. French.
13 large pp. [C.O. 137, 44. No. 54.1
Feb. 28. 164. Minutes of Council of New York. Capt. Thomaa Clark,
in discharge of his recognizance, appeared ana made oath that
the inventory produced to him of the goods of the said Clarke
formerly delivered to the Governor conteined the whole and all
that ever came into his hands or power or of any other person
in trust for him to his knowledge from on board the sloop that
Capt. Willm. Kidd arrived in into the Sound, or from any other
112 COLONIAL PAPERS.
1702.
vessel or place as goods and treasure, writings, books and papers
to the said Kidd, his crew or passengers belonging or by them
imported. Whereupon the said recognisance was cancelled.
Ordered that Thomas Davis be a riding Messenger on Nassau
Island, to dispatch the public letters etc. as H.M. service shall
require, and be always attending the said service and provide
a horse therefore, for which he is to have 30J. per annum.
[C.O. 5, 1184. pp. 625, 626.]
March 2. 165. Minutes of Council of Bermuda. Ordered that the late
At Secretary Jones' accounts be made up and the salaries of the
Capt. Thomas so idi e rs at the Castle be paid from Christmas 1700 to Christmas 1701.
St. Gteor^'s. Ordered that each Tribe bring three good boat loads of stone
to St. George's to ballast Capt. Flavell's ship.
Ordered that Mrs. Forster's chimney be stopped up, owing to the
great danger from it to the Session House, where the Magazine
is kept ; also that the Justices of St. George's diligently make
enquiry into the life and conversation of the said Sarah Forster,
who is reported to be of an evill reputation and fame, and an
entertainer of sailors and other persons, as well inhabitants as
strangers, to a great scandall and of evill example.
Upon Capt. Flavell's complaint against Zachariah Briggs,
Pilot, for ill pilotage of his vessel, a Committee was appointed
to enquire how the said ship struck at her coming into this
harbour.
Petition of Lewis Johnston read, setting forth several matters
in difference between him and Thomas Burton and Mary his
wife and others about four messuages and four shares of land
in these Islands, heretofore the Estate of Henry Ford, deed.,
and several proceedings in relation to the same, and praying the
Court to order Burton etc. to deliver quiet possession. Reply of
Burton read, together with the Orders of the Lords Justices in
England, July 18, 1700, and of H.M. in Council, June 12, 1701 ;
and neither of the said Orders being conceived to direct this
Court to order the Petitioner quiet possession of the said land or
tenements, or to concern themselves in or about the same, it was
unanimously resolved that the aforesaid matters in the Petition
do not at present lie before this Court.
Col. Day's accounts referred to the consideration of Samuel
Spofferth.
Whereas H.E. and this Board have an urgent occasion to
borrow upon the Public Account 200/., it is the advice and consent
of the Councill that H.E. be pleased from time to time to pay
the said money to and for the subsistence of the soldiers lately
sent here, as H.E. shall see occasion. [C.O. 40, 2. pp. 45, 46.]
March 2. 166. Minutes of Council of New York. Proclamation
ordered proroguing the Assembly to the third Tuesday in April.
Petition of Robert Walters, John Cholwell, Leigh Atwood,
Cornelius Depeyster, Richard Slater, Barne Cosens, Lancaster
Sims, Matthew Clarkson, Robert Lurting, Peter Mathews and
Caleb Heathcote read, praying a patent for a tract of land in the
AMERICA AND WEST IN* DIES.
113
170L'
March 3.
Whitehall.
County of Westchester, bounded westerly by the township of
Bedford and th.- patent lax>ly granted to Caleb Heathcote and
othen, northerly by the manor of Cortlandt and Croton River
southerly and easterly by the Colony lines, petitioner* having
poidlMed the same in pursuance of a license from this Board,
Feb. 17, and also praying that a purchase made by them from
the Indian Proprietors of a small tract of land beginning
westerly at a great rock on the westermost side at the southermoat
end of a ridge known by the name of Horse Ridge, and from theooe
north west and by north to Brunks River, easterly beginning at
a marked tree, on the eastermost side at the southcrmost end of
the said Ridge, and thence north to Bronk.s River may be allowed,
and that a patent may issue under the Seal of the Province for
both the said tracts, containing about 5,200 acres of profitable
land. Granted, and ordered that the Solicitor General prepare
a patent for the same under the broad seal of the Province under
tin- quit-rent of 11. 10s. per annum, and that the Clerk of the Council
prepare a warrant accordingly. [C.O. 5, 1184. p. 626.)
167- Council of Trade and Plantations to the Lord*
Proprietors of Carolina. Having received affidavits (of which
we send you the inclosed copies) that there is a Duty layd and
levied in Carolina upon skins shipt in vessells belonging to this
Kingdome higher than upon those of that Province, which wo
conceive very prejudicial and a great discouragement to the
trade of England ; and being obliged to lay the name before his
his Majesty, we are desirous first to receive your Ixmishipps*
answer thereupon. Signed, Lexington, Ph. Meadows, Wm.
Blathwayt, Mat. Prior. Annexed,
167. i. Copies of two affidavits referred to above. [See Feb. 25. )
[C.O. 5, 289. pp. 85, 86 ; and (inthoui enclosures) 5, 1289.
p. 386.]
March 3. 168. Council of Trade and Plantations to the Earl of
Whitehall. Manchester. Enclosing copy of letter and other papers from
Council of Barbados [Jan. 6]. Signed, Ph. Meadows,
Wm. Blathwayt, Mt. Prior. [C.O. 29, 7. pp. 481, 482.]
March 3. 169- Journal of Council of Trade and Plantations. The I-ord
Whitehall. Grey communicated to the Board the copy of a letter from the
President and Council of Barbadoes to himself, Jan. 6, which
was read.
Letter from the President and Council of Barbadoes to the
Board Jan. 6 and 14, with enclosures, read. Letter writ to
the Earl of Manchester desiring him to lay those matters before
his Majesty.
Order of the House of Commons, Feb. 26, fead. Some [Kqgrai
made in preparing an answer.
Letter to the Lords Proprietors of Carolina signed. [C.O. 391, 14.
pp. 345-348 ; and 391, 96. No. 39.]
C 8
114
COLONIAL PAPERS.
1702.
March 5.
Whitehall.
170. Council of Trade and Plantations to the King. We
humbly lay before your Majesty the Draughts of Instructions
for Joseph Dudley in the administration of the Governments
of the Massachusetts Bay and of New Hampshire, upon which
we humbly take leave to observe that the alterations made in
these draughts from the Instructions given to the late Earl of
Bellomont are either such as have been approved by your Majesty
in Instructions given to Governors of other Plantations, and which
have the same reason in these, or such as we have prepared in
pursuance of your Majesty's particular directions upon several
occasions for the Earl of Bellomont, and which we humbly conceive
proper to be continued. We also lay before your Majesty such
other Draughts of Instructions for Col. Dudley in both the said
Governments as more particularly relate to trade, and which
have upon divers occasions been approved by your Majesty
for the Governors of other Plantations. Signed, Stamford,
Lexington, Ph. Meadows, William Blathwayt, John Pollexfen,
Mat. Prior. 2 pp. \C.O. 5, 862. No. 99; and 5, 910.
pp. 183, 184.]
March 5. 171. Council of Trade and Plantations to the King.
Whitehall. We humbly lay before your Majesty a draught of Instructions
for Mitford Crowe in the Government of Barbados. The
alterations from those formerly given to Mr. Grey, are either such
as have been approved by your Majesty in Instructions given
to Governors of other Plantations, and which have the same
reason in these, or such as have been prepared in pursuance of
your Majesty's particular directions upon several occasions,
relating to the Government of that Island, which we humbly
conceive proper to be continued. We also herewith humbly
lay before your Majesty a draught of such other Instructions
for Mr. Crowe as more particularly relate to Trade, and which
have upon divers occasions been approved of by your Majesty
for the Governors of other Plantations. Mr. Crowe has desired
us to represent to your Majesty that such accommodation of
shipping may be appointed for transporting himself, his family
and goods to Barbados, as was granted to his predecessor, the
Lord Grey, which we find to have been one man of war and 150 tons
in one or more vessels. Signed, Stamford, Ph. Meadows,
Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. [C.O. 29, 7.
pp. 484, 485.]
March 5.
Whitehall.
March 6.
172. Journal of ouncil of Trade and Plantations.
Two Representations signed wherewith to lay before H.M.
draughts of Instructions for Col. Dudley and Mr. Crow.
Representation relating to Newfoundland signed.
Letter to the Earl of Manchester signed, and the above three
Representations enclosed.
Order of Council, Jan. 8, upon the petition of Caleb Heathcote
read. Ordered that Mr. Gilbert Heathcote have notice to attend
this Board on Tuesday.
VMERIC.\ AM) \VKS1 INDIES
115
1702.
March 5.
March 5.
March 6.
March 5.
March 6.
Whit.-lmll.
Order of Council, Feb. 5, relating to a clause to be inserted in
Mr. Crowes Instructions for the due administering .1
Barbadoee, read. The ( 'la use was already inserted
Order of Council, Feb. 5, upon the Representation on
Mr. rivrinaii - CMIIII.!. in,! i, .n|.
Order of Council. Feb. 19, upon the Representation on the
complains ..t Mr. Mewl, Mr. Shipman etc., read, and directions
given for preparing a letter to Col. Codrington.
Answer from Col. Quary to the affidavit of Thomas Smith,
relating to the Prwdence, was read to Sir Wm. Robinson and
Mr. Jenkiit>. \\ho were present, and a copy ordered to be given
them. [C.O. 391, 14. pp. 348-351 ; and 391, 96. Not. 40? 41.)
173. Minutes of Council of Bermuda. An Address to
H.M. signed by the Governor, Council and Assembly. \C O 40
p. 46.]
174- Journal of Assembly of Bermuda. The House met and
adjourned till to-morrow.
Address voted to H.E. and Council that the judgments given
the last General Assizes against Col. Day. Gilbert Nelson and
Edward Jones (for their several offences) be ordered to be put
in execution, and that they may be kept in H.M. prison accordingly
until their several fines be paid to the use of his Sacred Majesty.
Voted that 2161. be forthwith raised for building a store-house
for the ammunition and placing the guns where needful, each
parish or tribe to raise 24/. Act ordered to be drawn accordingly.
Thomas Bostock appointed Clerk of the Assembly. [C.O. 40, 2.
p. 286.]
175. Minutes of Council of New York. Depeysterv. Cruger;
in pursuance of a writ of error issued Feb. HI, the Chief Justice
of the Supreme Court brought before this Board the record of the
Supreme Court in this Cause, and left the transcript thereof,
which was ordered to be lodged with the Clerk of the Council.
Antill for the appellant moved that the defendant may plead
to the Errors filed by him this day. Ordered that the
Defendant have a month's time.
Petition of David Provoost, John Depeyster, Matthew Clarkson,
and Robert Walters, praying a licence to purchase a tract of
vacant land in the County of Ulster, bounded southerly by the
land granted to Capt. John Evans, westerly by the boundaries
of the palls, northerly by the boundaries of the Corporation of
Kingston, and easterly by Hudson's River, which the Indians
Proprietors are willing to sell to them, granted, provided the
purchase be made and returned in Council within 12 months,
and that the purchase be made before one of H. M. Justices of the
Peace for the said County. [C.O. 5, 1184. pp. 626, 627.]
176. Council of Trade and Plantations to the Earl of
Manchester. We did intend yesterday to have laid before
H. M. in Council the several draughts of Instructions that we
116
COLONIAL PAPERS.
170
have prepared for Col. Dudley in the Governments of the
Massachusetts Bay and of New Hampshire and for Mr. Crowe
in the Government of Barbados, together with our reports upon
them, but there having been no opportunity for it, we send tho
same here inclosed, that your Lordship may please to lay them
before his Majesty, whenever it may be convenient. Signed,
Stamford, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen,
Mat. Prior. [C.O. 29, 7. p. 483.}
March 6. 177. Order of Committee of the House of Commons. That
Speaker's the Commissioners for Trade and Plantations lay before them
Chambers. a jj t j lc p rocce dings before them on any complaints against the Lord
Grey, and the Act to ascertain the rights and powers of the
General Assembly of Barbados, Aug. 9, 1698. Signed,
R. Gwynne. Endorsed, Reed. 7, Read March 12, 170J. p.
[C.O. 28, 6. No. 42.]
March 6.
178- Col. Quary to the Council of Trade and Plantations.
The affidavit of Thomas Smith [See Feb. 25] is false in all the
material part relating to the trial and condemnation of the pink
Providence. [See Cal. A. and W.I., 1700, No. 932.i.] Some
time after the arrival of that vessel in Newcastle she was seized
by the King's Officers for importing into the River Delaware
within the jurisdiction of the Court of Admiralty for that
Province sundry goods from Europe without producing a duplicate
of her Registry. The officer who made the seizure, by reason of
some indirect practices and applications to him, was willing
to decline the prosecution, but the King's Advocate very well
knowing that the seizure being once made, the ship could not be
cleared without a judicial trial, he exhibited an information
against the ship and goods. A speedy trial was ordered on
petition of the Master, John Lumby, who by himself and Council
appeared in Court. Upon a full hearing it did appear before me
in Court, that the Master and Company of the said ship had
broake bulke and had disposed of part of the said ship's lading,
which also now appears by the affidavit of Mr. Basse. At the
said hearing several of the Officers and saylers declared on oath
that they knew nothing of the ship being registered. As for the
Master, he being a party and owner, his evidence could not be
allowed. There was no list produced in Court (as is mentioned
in the affidavit) by which it did appear that the ship was ever
registered ; all that was produced being only a pretended copy
of a list of ships that had given bond to land in England, etc.,
such of the enumerated commodities as they should load in any
of the Plantations, which lists had been used many years before
the Acts of the 7th and 8th of his present Majesty, which requires
the due registry of ships. In May, 1699, as Judge of the Vice-
Admiralty of Pensilvania, I accordingly pronounced the ship
and lading forfeited. And now, that your Lordships may see how
kind I was to the owners, I did not order the disposal of the ship
and goods as the Law directs, so soon as the judgment was passed,
but kept them in the King's Store 12 months, that they might
AM! l:i< A AND WEST INDIES. 117
1702.
try to get tli,- judgment reversed, but the MarchanU writing
that all their interest could not make void the decree I did then
on the petition of the Marshall of the Admiralty, setting forth
that part of the goods were damnified and rotten, grant a Commis-
sion to several persons of known credit to vallew them \ft -r
ti>. ; ,|>|,..,iM>mentat581/. 12*. l\d., Jrd part of the goods in specie
was delivered to Mr. Pen as Governor, another Jrd to the Informer
and Prosecutor, the other $rd remains in my powenion, out of
which are several charges and disbursement* to be deducted,
which I am ready to account for to H.M. I proposed in open
Court to the Master and Marchant of the said ship that they should
have the ship and cargo as they should Ix- appraised in case they
should deposit the vallew thereof into Court, until they hail
prosecuted an Appeal, which they refused to do. The Act gave
me no power to take bonds, nor could bonds taken in H.M. name
be sued in Pensilvania, the King having no Attorney Conera!
there, and several bonds of great vallew which are forfeited to
the King have already layne many years, and cannot lx nut
in suit. Eighteen months after the condemnation of the ship
and cargo there came an inhibition from the High Court of
Admiralty of which I gave an occompt to the Lords Commissioners
of the Admiralty to employ some of the King's Council to appear
and defend H.M. right, which accordingly they did, the cause
being appealed in the High Court of Admiralty of England, on
behalf of the pretended owners, who after many delays not being
able to prove any of their allegations, Sir Charles Hedge*, .Fudge
of the said Court, or his surrogate did, Oct. 23 la>t. confirm
the judgment given by me and dismissed the ApjH-al with costs.
Signed, Robt. Quary. Endorsed, Reed. Read March , 17oJ.
3 pp. Enclosed,
178. i. Deposition of Jeremiah Basse that in May 1099 going
down to Cape May in search of some py rates and stopping
at Newcastle, John Lumhy, Master of the Providence,
went on board her and brought back on t>oard of deponent
two casks of Hull ale, one of which he sold to him, at
which time there was no seizure made of the said ship
or lading, as deponent believes, in regard that the King's
Officers would not have suffered Lumby to have carried
away any goods. Signed, J. Bass. Feb. 29. 1 p.
[C.O. 5, 1261. Nos. 54, 64.i.]
Marcli <;. 179. Council of Trade and Plantations to the King. The
Newfound- season of the year now approaching for sending the usual convoys
to Newfoundland, we humbly represent to your Majesty that there
is wanting a bomb and other materials for floating and fixing the
chain that has been sent thither some time since for the security
of St. John's Harbour, but the Board of Ordnance alledginu
that the charge thereof ought to be borne by the Navy Board,
and that Board insi>ting that the care of this service appertains
to the Board of Ordnance, we humbly conceive it requisite that
your Majesty may be pleased to interpose your directions therein.
There arc also wanting stone and other materials for building or
118 COLONIAL PAPERS.
1702
repairing the forts in that harbour, for the transporting of which
we have used our endeavours to dispose some merchants to
contribute their assistance at easy charge, and we humbly offer
that your Majesty would be pleased to give the necessary
directions therein to the Office of your Majesty's Ordnance. It has
been further humbly offered to us by the Principal Officers of your
Majesty's Ordnance that it may be requisite that the seamen
aboard your Majesty's men of war may have orders to assist,
during their stay there, in carrying on the works, which orders
have been formerly given, and we humbly conceive may properly
be renewed, as likewise that such other workmen as may be
necessary for those several services be sent thither with the
forementioned particulars. Signed, Stamford, Ph. Meadows,
Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. [C.O. 195, 3.
pp. 38-40.]
March 7. 180- Minutes of Council of Bermuda. Ordered that
Capt. Thomas Dodson, Commander of H.M. Castle, be paid
G/. 6s. 6d. yearly for the time of his continuing in commission,
as other Commanders of the Castle has been allowed.
[C.O. 40, 2. p. 46.]
March 7. 181- Journal of Assembly of Bermuda. The House being
met and the list called over, the Act ordered to be drawn up for
the raising 216/. for the building a storehouse was read, passed
and sent up.
Upon complaint of the Marshal that the prison is out of repair
and insufficient to secure prisoners, and the Committee to inspect
it having returned that it wants repairation, ordered that it
be amended, and that Mr. John Rawlins, the Marshall, employ
men and provide materials to be paid for out of the public money.
This vote sent up. [C.O. 40, 2. pp. 286, 287.]
[March 9.] 182. Petition of John Usher to the Council of Trade and
Plantations. Prays that the same directions may be continued
in the Instructions to be given to Col. Dudley as were given to
Lord Bellomont that due care may be taken for the payment
of the money due to petitioner as Treasurer of New England under
Sir Edmund Andros. Signed, Jno. Usher. Endorsed, Reed. 9.
Read March 19, 170. 1 p. Annexed,
182. i. Memorandum of the Instructions to Lord Bellomont
referred to above, and his answer. 1 small p.
[C.O. 5, 862. Nos. 100, lOO.i. ; and 5, 910. pp. 185-188.]
March 9. 183. Minutes of Council of the Massachusetts Bay.
Proclamation signed appointing April 2 as a day of Public
Fasting with Prayer.
Letters to Col. Romer desiring his speedy return, and to Lt.-Gov.
Nanfan desiring that he may be permitted to return, signed.
Instructions signed to Ibe given to the Captain of the Castle,
directing him to give orders that no more than one gun be fired
A.MKKH \ \M> \\IXI IMll->. 119
1702.
to answer a salute from any ship passing by the same, unless it
be to any of H.M. Ships of War. [C.O. 5*788. pp. 123, 124.]
March 10. 184. Isaac Addington to Wra. Popple. Enclosing Minute* at
Boeton. Council of the Massachusetts Bay, Sept. 25 Feb. 11, 1701, and
Journal of Assembly, Oct., 1701. As also in obedience to their Lord-
ships' commands I have inclosed a copy of the negotiation with the
Eastern Indians in June last , and copy of a Message ent by them to
Boston in Dec. following with the answers thereto made by the
Council. Nothing of moment referring to H.M. service here other
than what you will have an accompt of in the inclosed has occurred
since my last. The Province thro' divine favour continues in
peace, altho' we are not without great fears of the near approach
of trouble by the startling and surprising intelligence that wo
have from Europe of the strange convulsions which the Nations
thereof are thrown into, preseaging a bloody war, wherein wo
must expect to bear a share. Our present circumstances as to
the unsettlement of the Government renders us very unfit to
engage therein, and will make the fatigue thereof more burden-
some. But we hope H.M. will be graciously pleased to grant us
a speedy settlement in appointing and sending a Governor to take
the conduct of this his Province, etc. Signed, Isa. Addington.
Endorsed, Reed. 11, Read May 21. 1701. 2 pp. Enclosed,
184. i. Copy of the Heads and Propositions treated on by the
Commissioners from the Massachusetts Bay and the
Eastern Indians, Cascobay. June 3. 1701. Commissioners,
Col. John Phillips, Col. Penn Townsend, Capt. Nathaniel
Byfield and John Nelson. (1) Renewal of the Treaty of
Amity concluded with Ixml Bellomont at Albany in Oct.,
1700. (2) The Commissioners bring presents and a settle-
ment of Trade. The Indians reply, wo pray that we may
have goods sold to us at a cheap rate and that no rum
may be sold the Indians. (3) The Commissioners
propose that the peace be inviolably maintained, and that
all who seek to disturb it should l>e reckoned enemies.
If any wrong be done you by our people, upon your
complaint due punishment shall be inflicted and
satisfaction made, which we likewise expect you to do
on your parts. The Indians agreed. (4) The Commis-
sioners offered the Protection of King William. The
Indians replied, In case any nation should make war upon
us, we do not desire that our Uncle, King William (which
title we esteem equal to Father) should loose any men
on our account until we have tried what we can do for
our own defence. (5) The Commissioners : We are
likewise to note unto you our jealosies concerning the
French by whom you have been so often seduced, that
through their false reports you may not again be
deceived, but rather call to remembrance those times
when by a full confidence and love we WW8 useful i
each other, which same trust you may see we are again
endeavouring to restore, not only by a free Trade and
120 COLONIAL PAPERS.
J702.
supplying of you with powder, lead, arms and all other
things you may need at such prices as the French (who
cheat you) cannot do, whereby you may be the better
enabled to keep your promises so lately made unto
Lord Bellomont, in cutting down trees in the path, so
for ever stopping the way to Quebec, since we shall for
your safety furnish whatever you want at your own
doors and spare you the labour of going so far. The
Indians replied ; In case we should stop up our roads
to Canada, many of our Brethren would be hindered
from coming over to us ; besides, many amongst us care
not to be deprived of the liberty of going whither they
please. Yet we think there will be little necessity
of going to the French, since we may be so well supplied
with what we want from the English. (6) The Indians
promised to stand by what they now said. (7) The
Commissioners said : Although a solemn peace had been
lately concluded between H.M. and the French King,
which was to have lasted for ever, yet thro' his perfidious
and false dealings therein, our King will be forced to
enter into a new war with him, unless satisfaction be
made, for the prosecution of which he is making greater
preparations than ever. We make this known to you,
that you may not be surprised at it, nor receive any
reports which the French may make of us on yr. regard,
since we design nor intend anything that may break
our Covenants with you, but that in whatever shall
happen you may be assured of perfect peace and quiet
from us, and unto all those Indians who shall not take
any part or assist the French, in case the war should
break out again with them. The Indians answered :
We thank you for your notice of the war. We desire
to keep ourselves free, and not to be under the command
of any party, and we will endeavour what we can to bring
the Indians that live upon the French ground under
the same obligations with ourselves. And if any damage
happen to be done upon the English by the Indians
that may pretend to belong to any of our three Forts
of Norridgawog, Ammassakuntick or Narrakamagog,
we desire the English would not believe it, till they
have sent to us for information ; and we promise to make
enquiry, and if they belong to us, we will endeavour
to do you justice, for if we should not, we should all
become equally guilty. (8) The Commissioners
proposed : For your further assurance and advantage
in abiding in yr. country, the Government has thought
good to settle with you an Armourer, who shall repair
your guns gratis, so that you may have no pretence
of going to Canada or to the French in these parts for
want of this or any supply whatsoever. The Indians
replied: We are very thankful. Formerly when any
of our guns were but a little broken, we looked upon them
AMERICA AND WEST INDIES.
1702.
as lost. We promise to bring in no enemies' gum* to be
mended . Might the Penobacot Indians be included
in the benefit of having their gua* mended? On that
condition they would endeavour to engage them as
themselves in this Treaty. The. Commwrioners replied :
that all Indians in friendship with us should have the
same privilege. (9) The Commiwrioners proposed : that
to the intent of perfecting our friendship, we invite your
sending some of your children to live amongst us, whom
we shall take care of, both for their maintenance and
education ; and return them at such times as you shall
desire. If you are anyways inclinable to have your
young men see England and King William, we shall
send them, whereby you may be better informed of the
circumstances of our Nation. The Indian* desiretl lime
to consider.
June 4. They relied : We conclude not to send
any of our children to England, because Moxus his son,
when he was sent to France, died there ; nor to lioston,
because we formerly had two there, called .John and Kohin,
which we believe have by this time learned to read
and write English enough, and they never yet have
been returned amongst us. (10) The (,'ommi**iontr*
replied : Those two children wen- taken in war and
disposed of by those to whom they did In-long. One of
them is dead and the other in Indon, when- he is well
provided for. We believe he has lost his language
and will not incline to return, but if he be willing, we
shall use our endeavours to procure him. The Indian*
replied : You ought to force him to come home, for
we have a great mind to see him ; we forced some of
your captives to return home. The Commissioners
replied : He is out of our Government and we can't
force him, but we shall use our utmost endeavours to
obtain him. The Indians desired that future meetings
should be at Merry Meeting. The Commissioners
replied : The Indians must then prepare a house for
our accommodation. They replied : that they were
willing, and desired timely notice of a meeting by a letter
from the Fort at Cascobay. They desired to have
a Trading House erected at* Merry Meeting. (11) The
Commissioners said : We cannot avoid taking notice
of your affecting or wearing a French Flag or Colours,
which, if you purpose to maintain any settled
correspondence or friendship with our Nation, must
for the future be forborne in this or any part of
H.M. Dominions, and that you meet and treat with us
under English banners, which at your desire we shall
supply you with. The Indians answered: that th.-y
thought it necessary to have some flag or other, and
having no other we put up a white one, but if you will
furnish us with an English flag, we promise to wear
122 COLONIAL PAPERS.
1702.
it for the future as a signal between us. (12) The
Commissioners said : We are in an especial manner
directed to invite you unto an Union with us in the
true Christian Religion, separated from those foolish
superstitions and plain idolatries with which the
Roman Catholics, and especially the Jesuits and
Missionaries, have corrupted it, to which intent we are
to offer you the assistance of Teachers, in which great
undertaking we shall expect nothing more on your parts
than your good treatment of those Ministers. The
Indians answered : It much surprizeth us that you should
propose anything of Religion to us, for we did not think
anything of that nature would have been mentioned.
Furthermore, nothing of that nature was mentioned
when the Peace was concluded between all Nations.
Furthermore, the English formerly neglected to instruct
us in Religion, which if they had then offered it to us,
we should have embraced it, and detested the Religion
which we now profess, but now being instructed by
the French, we have promised to be true to God in our
Religion, and it is this we profess to stand by. (13) The
Commissioners proposed, that for a perpetual remem-
brance of our good agreement, each party should raise
a heap of stones. The Indians agreed: "We understand
it better than signing of a writing." Two heaps of
stones were accordingly raised in the place of Treaty ;
the English Commissioners each laid one Foundation
Stone, and the men then present with them made up
the heap in a square pyramid, and the Indian
Sagamores and Indians likewise a roundish pyramid
to West of the English, upon the point formerly
called Andrews Point, now mutually agreed forever
hereafter to be called the two Brothers' Point, from the
two Pillars.
Upon information of some English captives yet
remaining amongst them, a demand was made for their
release. The Indians replied : we know not of any,
but if we can possibly see that Child of ours, which is
in England, it will be great encouragement, and we will
endeavour to redeem any captives of yours that we can
hear of either at Canada or elsewhere.
Concerning the Indians that treated with the Maquas
in October last, the Indians say that those Indians went
on their own heads. The Commissioners : Shall we
then tell the Maquas that all that Treaty goes for nothing ?
After a considerable nonplus, they replied that those
Indians were only sent to know the issue of the Earl of
Bellomont's Treaty with the Maquase. Signed, John
Phillips, Penn Townsend, Natha. Byfield, Jno. Nelson.
Names of the Chief Sachems : Moxus, Dondomhegon,
of Narridgawogg ; Wasahombomet, Abomhomen, alias
John Maherimett, of Amassakantick ; Adeawanadon,
AMERICA AND WEST INDUS. 123
1702.
, Rood.
M ,
May II, 1702. Copy. 6 large pp.
184. ii. Copy of Minutes of Council of the Mamachuwtt* Bay
Dec. 27 and 29. Eight of the Eastern Indians ittrmding'
confirmed the above article*, exchanged ptMenti and
made request for goods to be sent, for trade with the
IVriobscot Indians, and ammunition and stores for
Norridgawog, etc. Endorsed as preceding. 3 pp.
184. iii. Memorandum of Minutes of Council of the
Massachusetts Bay, Sept. 25, 1701 Feb. 11, 1701 *
184. iv. Memorandum of Minutes of Council of the
MassachiiM-tN Hay. Oct. i:> !> |s 17.,! i ,, .-, .,,_
Noa. 101, lOl.i.-iv. ; and (without enclosures) 5. 01A*
pp. 213-215.]
March 10. 185- Journal of Council of Trade and Plantations Letter
Whitehall, from Col. Codrington, Dec. 30, read, and the Acts of the General
Assembly of the Leeward Islands held at Nevis, Dec. last laid
before the Board. [C.O. 391, 14. />/>. 351, 352; and 391, 00
No. 42.]
March 10. 186. Minutes of Council of Barbados. Petition of Arthur
Slingsby read, praying to l>e admitted to execute the office of
Register in Chancery, which he avers he received in England.
The matter ordered to be heard on March 17.
Act to provide a further strength of labour to clear the trenches
and repair the breast-works and fortifications was read three times,
passed and consented to.
501. paid to Col. George Andrews to be laid out on the
fortifications at Read's Bay.
Hon. George Lillington granted leave to go off the Island for
some short time. The Hon. John Hooker was appointed Chief
Baron of the Court of Exchequer in his room. I (7.0. 31, 6.
pp. 170-172.]
March 10. 187. Minutes of Council of New York. The Messenger of
the Council having been sent by the Governor for David Jamison
to come before himself and Council, he went to Jamison's house,
and Jamison's wife told him that he might find her husband
at Mr. Michael Hawdon's house in this City. Mr. Hawdon told
him he had not been there these two days, that he might enquire
at Mr. Wenham's house, or any place else, for that he believed
him to be out of Town. Mr. Wennam, laughing at him, told him
he might enquire elsew f here.
Proclamation \<jirt tt below] ordered to be prepared.
March 11. The Governor produced a letter from Lt. Charles Oliver in
Suffolk County, whom he had sent to seize on and take care of
a sloop lately run on shore there and the goods therein. Ordered
that Henry Ludlow, John Wick and Efr. Nathaniel Wade do,
with all the expedition possible after their notice hereof, appear
before this Board. The Messenger was paid 31.. according to his
agreement with Oliver. Ordered that tne Receiver General pay
12 4 COLONIAL PAPERS.
to the said Messenger 39s. to be delivered by him to Justice
Hobert, he having expended the said sum in seizing and taking
care of the said goods before the arrival of Oliver.
The High Sherrif of the County of Westchester having returned
the preceipt to him directed by virtue of an order of this Board,
Feb. 17, viz. March 4, the jurors find that there is no damage
to the King or his subjects in erecting the Manor, except the
White Plains, which is in dispute and contest between Caleb
Heathcote and the Town of Rye, and excepting James Mott
and the rest of the Freeholders of Mamoroneck, which have deeds
in the patent of Richbell, to the best of their knowledge and under-
standing. Ordered that the Solicitor General consider of the
premisses, and report thereon.
March 12. He reported that he found nothing therein prejudicial to H.M. or
any of his subjects. Ordered that he prepare a Draught of
Letters Patent confirming to Caleb Heathcote and his heirs a tract
of land purchased of Ann Richbell, bounded as now called by the
Christians, southerly by the Sound to Low Water Mark, Easterly
by the Easternmost side of Mamoroneck Harbour, thence to the
mouth of Mamoroneck River, and from thence with the said
River to the head thereof, and thence on a north line until 20 miles
from the New York or Country Road is completed, Westerly
by the westernmost side of Otter Bay, adjoining on Great Neck,
thence to Gutt Creek, which parts Great Neck and East Neck,
thence on the westward side of the said Creek to Pepin's Brook,
and from thence on a northerly line until 20 English miles from
the New York or Country road is completed have the same breadth
through the whole manor to the extent thereof as he hath at
the New York road ; excepting thereout all the lands and
meadows alienated by virtue of any deeds from Mrs. Ann
Richbell to James Mott, William Penure, John Disbrow, John
Nelson, John Williams, Alice Beatfield, Elizar Gidney, Frederick
Platts, or any other in the bounds aforesaid, they paying such
quit-rents and acknowledgments for the use of the Manor as they
are obliged to do by their deeds, and provided the said Letters
Patents do not give Heathcote any further title than what he
already hath to the land called the White Plains, for which there
now is a dispute between him and some of the inhabitants of Rye,
the said land to be erected into a Manor by the name of the Manor
of Scarsdall at the quit-rent of 51. New York money, and that the
Clerk of the Council prepare a warrant accordingly.
Rip van Dam appearing before this Board, and, according
to the tenor of the Proclamation, March 10, acknowledging
he was in error, and submitting himself thereon, he was assured
that no prosecution shall be made against him for that matter.
Petition of Capt. William Caldwall, Abraham Gouverneur, John
Depeyster, David Provoost, Isaac Gouverneur, Robert Sanders
and Henry Beekman read,, praying a license to purchase lands
from the native Indians in Duchess County. Ordered that a
license issue to purchase the same together with all vacant lands
adjoining intirely thereto provided the said purchase be made
and returned in Council within 12 months, and be made before one
AMERTc \ \\D WEST INDIES. 123
1702.
of H.M. Justice* of the said County or of Ulster, and on the return
thereof, it the said purchase appear to be too large, the MOW to
}M> subjected to the discretion of the Governor and Council.
I vt it ion of Samuel Staats, Dyrch Vandenburgh and BUM
Cosens read, praying a licence to purchase from the Indian**
about 1,000 acres of vacant land in \\VxtchoHter County, at the
head of the lines of Eastchester and Wextchewter. and* gran ted,
prorided the same lx made and returned to the Council within
12 months, and be made before one of H.M. Justice* of the Peace
for the said County.
Petition of John Hardenbcrgh read, praying a licence to purchase
from the Indian Proprietors about 250 acres of vacant land in
Ulster County called by the Indians Sakcweneckoek and
Pogkaenecocke, lying to the North west of the Town of
Kingston upon Sawkill Creek, and granted, provided the
purchase be made and returned in Onmcil within 12 month*,
and le made before one of H.M. Justices of the Peace' for the
said County.
Petition of Albert Rosa read, praying licence to purchase about
300 acres of vacant land from the Indians in I'lstcr County, called
. \nquagekank, lying to the north-west of the Town of Kingston
upon Sawkill Creek, westerly above William I/'gg'* sawmill
near the high mountains, and granted with the #time pronto as
preceding.
Petition of John Middagh read, praying a licence to purchase
about 300 acres of vacant land from the Indians, called by them
Wenackenick, lying over against Shawengonck Kill on both
sides of the Wates Kill in the County of ristcr. and granted,
with the same proviso a-s preceding.
Petition of Mark Desachoy read, praying a confirmation of his
land on Staten Island on Richmond County with the addition of
these words, be the same more or ICM# irithin the limit* and bounds
aforesaid, there being some small matter of land more than
expressed in his former patent, and granted, the quit-rent which
was 8s. to be made 10*., and the Attorney General pretending to
be indisposed, ordered that the Clerk of the Council prepare a
warrant to the Solicitor General to prepare a draft of letters Patent
accordingly.
Ordered that the Mate of the sloop lately stranded in the County
of Suffolk do appear before this Board with all the expedition
possible after his knowledge of this Order. [C.O. 5, 1184.
pp. 627-632.1
March 10. 188. Copy of Proclamation by Lt. Gov. Nan fan. Since the
Proclamation of Jan. 25 (24), several doubts and scruples*
have risen and been improved by wicked and malitious men.
as if any person, tho' wholly 'drawn in and seduced, and
no ways instrumental in drawing in the soldiery, might be
prosecuted and unden_ r " jmins and penalties by means
thereof. By the advice of H.M. Council declare* thai it is not
the intent o*f this Government to prosecute any persons who have
either signed or deluded others to sign those false and scandalous
126
COLONIAL PAPERS.
1702.
libells, or justified the signing thereof, except only Col. Nicholas
Bayard, and Alderman John Hutchins, so far as the loss of either
life or limb, or any other person whatsoever, except only
Philip French, Thomas Wenham and Rip van Dam for
misdemeanors. And whereas I am credibly informed that
Rip van Dam hath been by the other persons aforementioned
wrought upon and seduced to sign the said Libells and afterwards
to justify the same, I hereby declare that if he shall within seven
days appear before myself and H.M. Council, and acknowledge
his offence and submit himself thereon, that no prosecution
shall be made against him. Requires all Justices of the Peace
and other officers civil and military to assure the inhabitants
of their districts, that while they behave themselves well and
truly towards H.M. and his Government here established, they
may depend upon full security, protection and encouragement.
Fort William Henry, March 10, 1701 (1702). Signed, John
Nanfan. By order of Council. Endorsed, Reed, from Mr. Adderley
and Mr. Lodwick. Reed. Read May 12, 1702. 3 pp. [C.O. 5,
1,047. No. 38.]
March 11. 189- Order of the Lords of Council, announcing to the Lords
St. James's. Proprietors of Carolina the death of King William and the
accession of Queen Anne, and directing them to cause H.M. to
be proclaimed in Carolina, " according to the form enclosed,"
and enclosing H.M. proclamation continuing officers in their
places, to be similarly proclaimed. Signed, Somerset, P.,
Burlington, N. Wright, C. S., Manchester, Scarbrough, H. Boyle,
Ja. Vernon. Countersigned, John Povey. [C.O. 5, 289. p. 87. J
March 11. 190. Order of the Lords of Council, giving similar directions
to the Lords Proprietors of the Lucaios or Bahama Islands.
Signed, Somerset, P., Bolton, Burlington, Scarborough, R. Ferrers,
Tho. Cantuar, N. Wright, Devonshire, Manchester, Carlisle,
E. M., Stamford. [C.O. 5, 289. p. 89.J
March 11. 191- Similar Order of Lords of Privy Council to the
Governors of Plantations in America. Signed, Tho. Cantuar,
N. Wright, C.S., Sommersett, P., Devonshire, Carlisle, E.M.,
Burlington, Manchester, Scarbrough, Stamford, Oxford, Ferrers.
2 pp. Enclosed,
191. i. Copy of Proclamation referred to above. H pp. The
whole endorsed, Reed. March 20, 170J. [(7.0. 323, 3.
Nos. 117, 117.i. ; and 324, 8. pp. 82-84.]
March 11. 192. Minutes of Council of Virginia. William Robertson,
Ha 688 a PP ointe d Clerk of the Council, took the oaths, etc., appointed,
and Mary! Ordered that all the Books and Papers belonging to the Council
Office now in the custody of Mr. Chicheley Corbin Thacker, Clerk
of the Secretary's Office, be delivered up to him.
Letter from Major Burwell laid before the Council, wherein
he acknowledges that he had received a letter from the Lords
Commissioners of Trade, acquainting him that H.M. had been
AMERICA AND \VI-xr I \DIK8. UT
1702.
graciously pleased to appoint him one of the Council in Virginia,
but knowing himself altogether iinrible to serve in such a post,
h<- had tlirivii.ro deferred producing it, until such time as he could
make his application to their lordships for a releaacment, which
he had done.
The Hon. Col. Wm. Byrd's absence excused.
Man-h I:.'. Mr. Robert Beverley by his petition setting forth that at the
trial of a cause between him and Samuel Seldcn before the Court
of Elizabeth City County, Major Anthony Armistead, one of the
.lustier- and tirst in Commission then upon the Bench, did
notoriously abuse him, and the Court permitted Nelden in open
Court to utter several scandalous expressions against him, without
giving him any check, Ordered that a copy of Mr. Beverley's
petition be sent to those Justices for their answer at the next
meeting of Council.
Upon the petition of John Lewis, praying that a Commission of
Administration on the estate of George Warner, deed., might
be granted him under the seal of this Colony, the said Commission
was granted and signed.
Mr. Benjamin Harrison, Council for the King, informing this
Board that process is issued against Col. Wm. Byrd and
Lt. Col. Wm. Wilson for their failing to pay the full dutvs of
some wines said to be imported by them in the William of
Virginia, William Boswell, master, about June 20, 1700, ordered
that the Collector and Naval Officer of the Ix>wer District of James
River do transmit to the Clerk of the Genoral Court all their
books of entries for June, 1700.
Ordered that the Clerk of Elizabeth City County transmit
to the Clerk of the General Court all the roughs of the Records
of the said County Court for these three years past, to the
end that the necessary directions may be given for issuing
process against such persons as arc suspected to have falsified
the same, pursuant to the order of the General Court, Oct. 21,
1701.
H.E. by and with the advice and consent of H.M. Council
appointed the following Justices of the Peace for King William
County (which by Act of Assembly is to be divided from King
and Queen County from and after April 11); Henry Fox, John
Waller, John West, Henry Moddison, William Clay borne, Richard
Gissedge, to be of the Quorum ; Martin Palmer, Daniel Miles,
Roger Mallory, Thomas Carr, William Noy, George Dabnie,
and Thomas Teory. Also, John West to be Col. and Commander
in Chief of all the .Militia within the said County, William
Clayborne, Lt. Col., and John Waller, Major, and they are hereby
directed to transmit to H.E. a list under their hands of such
persons as they shall think most fit to be Captains and other
Commissions Officers under their command.
John Waller having petitioned H.E. to be appointed Clerk
of King William County, the Council was unanimously of opinion
that it will be most for H.M. service and the interest of that County
that he be continued in the Commission of the Peace, but
forasmuch as he hath upon several occasions given proofs of his
!28 COLONIAL PAPERS.
1702
diligence and fidelity in discharging the trusts reposed in him
H.E. appointed him Sheriff of the County for 1702.
Upon a ballot being taken between William Aylett and
Orlando Jones for the Clerkship of King County, the former was
appointed.
H.E. appointed John Walker, Gent., to be Sheriff of King and
Queen County, 1702.
The petition of William Westertoun and the other workmen
employed about building the Capitol was referred to the Committee
for inspecting it.
H.E. signed a patent to Mr. Chicheley Corbin Thacker for
1,080 acres of land in Pamunkee Neck.
Upon reading a petition from Drommaco, Chief Munguy
and Ruler of the Chickahominy Indians in behalf of himself
and his great men, representing several matters relating to the
land appointed for them by the General Assembly between the
two Herring Creeks, it being considered by H.E. and the Council
that several questions of right may arise concerning the said
land, ordered that the Interpreter of the Chicahominy Indians
do bring them before H.E. and Council the sixth day of next
General Court. Copies of this petition and order to be sent to
the sheriff of King and Queen County.
Address to H.M. signed.
H.E. laid before the Council a letter from Col. Andrew
Hamilton, Governor of the Jerseys, wherein he says that Mr. Penn
at his going for Europe had thought fit to commit the Government
of his Province and Territory to his care, and that he should
endeavour to preserve a good understanding between the said
Province and this H.M. Colony. H.E. thereupon acquainted
the Council that Hamilton having formally taken upon him the
Government of the Jerseys without H.M. approbation, and now
also accepting the Government of Pennsylvania from Mr. Penn,
who had not the right of Government himself, much less could
transfer it to another without being approved by H.M. as the Act
of Parliament directs, he thought it not proper to answer the said
letter, nor hold any correspondence with Hamilton, to which the
Council agree.
H.E. laid before the Council a letter from Lt. Gov. Nanfan,
Oct. 24, 1701, in answer to H.E.'s letter of Oct. 2, relating to the
quota of men, which was read. It was the opinion of the Council
that nothing further is necessary to be done.
H.E. laid before the Council several letters and other papers,
wch. he lately received from New York, giving an account of the
divisions and distractions of that Government, and acquainted
that he did intend (God willing), if no extraordinary business
happened, to go for Maryland to consult with Governor Blakiston
about the most effectual method to be taken by them for H.M.
service in preserving the quiet of the Province of New York till
such time as a new Governor arrives there. The Council approved
of H.E.'s good intentions in endeavouring to compose those
unhappy differences, which if continued may endanger the peace
and safety of this Colony.
AMERICA Am) WEST INDIES. i
1702.
H.E. said that he had been lately at the Manikin Town, where
he had received several petition 8 from the French Refugee*.
relating to private differences amongst them wive*, upon
consideration whereof it in thought absolutely necessary that some
persons be appointed as Magistrate* to govern thorn and deter-
mine such eases. Committee appointed to draw up a CnmmuMion
for Mr. Chalin and Abraham Nicod accordingly.
Upon the petition of M. de Joux, Minister, and other the
Vestrymen amongst the French Refugees at the Manikin Town,
praying that M. Charles de Sailly bo ordered to give an account
of several sums of money by him received at London for the use of
the Refugees and for building of a Church, ordered that a copy
of the petition be sent to him for his answer at the next meeting
of the Council.
Petition of the French Refugees relating to the laying out their
land at the Manikin Town is referred till such time as the survey
of the land be returned.
H.E. laid before the Council a letter which he had received
from Messrs. Micajah Perry and Co., London, (k-t. 28. 1701.
intimating that by order of his Grace of Canterbury and the lyml
Bishop of London they had consigned to H.E. a cargo of good*
for the relief of the French Refugees, to IK' disposed of as he
should find for their most general good, the whole amounting
to 506/. 0*. lid. The Council is of opinion that the cargo consists
of such goods as cannot possibly be distributed amongst the
Refugees in a due and regular proportion. Ordered that the goods
be disposed of, and the money arising therefrom applied towards
purchasing stocks of cattell and other things which the Refugees
do or may hereafter more immediately stand in need of. The
cargo meantime to be stored.
Warrant issued to Capt. Moodie to impress car|>cntors for
careening H.M.S. Southampton, in any part of the Colony, and,
in case of necessity from merchants' ships, but as sparingly as
possible.
Proclamation ordered proroguing the General Assembl
April 23, the proclamation to lie in the Secretary's Office till
days hence, that if in the meantime any orders shall arrive from
England which may require the speedy meeting of the Assembly,
the said proclamation may not issue.
Memorandum. On March 13 H.E. received a letUr
Col. Benjamin Harrison that for the third time since the (
Court the River had prevented his attendance, the wind blowing
so hard that he could not get his horse over ; that he lives so far
from the Ferry, if it be a calm morning, unless it protWiO*
before he can get down the wind rises, and there is no place
entertainment near to it, to take the advantage of the raormn
and evening, which many times prove calm when the days
windie. (C.O. 5, 1409. pp. 197-203.]
March 12. 193 Board of Ordnance to the Council of Trade
Office of Plantations. We enclose estimate [below], but canno
Opdn * nce - for the masts for floating a chain at the entrance of St. John a
Of
130 COLONIAL PAPERS.
1702.
Harbour in Newfoundland with a boom, etc., it relating not to
our Office but to the Navy, as we acquainted your Lordships,
Jan. 31. Signed, C. Musgrave, J. Pulteney, Wm. Boulter,
John Charlton, Ja. Lowther. Endorsed, Reed. Read March 16,
170. 1 p. Enclosed,
193. i. Office of Ordnance, March 12, 170 J. Estimate of the
charge of the Ordnance, Mortar pieces and stores of war
mentioned in an accompt received from the Lords of
Trade, Feb. 13, 170|. The total estimate amounts to
23,070Z. 7s. 9d, 3 pp. [C.O. 323, 3. Nos. 115, 118;
and 324, 8. pp. 70-73.]
March 12. 194. Journal of Council of Trade and Plantations. Letter
Whitehall. f rO m Capt. Powel, with a petition from the soldiers at Newfound-
land, desiring to be discharged from contributing to the
maintenance of a Minister there, was read, but not thought fit
to be complied with.
Letter from Mr. Thurston, Feb. 3, read. Ordered that copies
be prepared to be given to the Commodore of the Newfoundland
Convoy, in order to his examining into the state of the matters
referred to.
Representation upon Newfoundland considered. Mr. Thurston
ordered to attend to-morrow.
Order of March 6 from Sir Rowland Gwynne, Chairman of the
Committee of the House of Commons, upon Mr. Hodges's
petition, was laid before the Board. Directions given that the
papers thereby required be laid before that Committee.
March 13. Report to the House of Commons in answer to their Order
of Feb. 26, relating to the proceedings of this Board upon
complaints of the Courts of Justice in the Plantations, was agreed
upon.
Ordered that the Representation be prepared to be laid before
Her Majesty to the like effect as that laid before the King, Jan. 24,
concerning the state of defence of the Plantations. [C.O. 391, 14.
pp. 352-355 ; and 391, 96. Nos. 43, 44.]
March 13.
Bermuda .
195. Governor Bennett to Mr. Popple. The store ship
from the Tower is arrived here, which gives a new life to the defence
of this place, expecting at the latter end of the year (if there be
a war) that the French will visit us, they in their return home
being obliged to come into this Latitude. By letter from the
Governor of Nevis, Jan. 28, I am informed that there are at
Martinico 30 \French] men of war, etc. Mr. Jones has been indicted
very often this Assises, which is now over, and found guilty in the
following : one for perjury, three for extortion on account of his
fees, three for breaking open people's houses to execute writs,
one for false imprisonment, and in one for exposing the Castle,
of which he was Capt., by having a very small quantity of powder
there. Signed, B. Bennett. Endorsed, Reed. 8th. Read May 13,
1702. 1} pp. Enclosed,
AMERICA AND WEST INDIES.
131
1702.
195. i. List of the French Fleet, commanded by Le Comte
Chateau Renaugh [Chdteaurenaud], at anchor in Fort
Royal and Port Saint Peire's at Martineco.
Ships.
Le Mtneilleux
Le Vinguer
Le Fort
Le Constant .
Le Invincible
Le Firm
Le Esperance
Le Bon r bourne
Le Biguare
Le Juste
Le Ole
Le Henry
Le St. Louis .
Le Pesselant .
l.a + -in'
Le Prudent
L'orriflame
Le Trident ..
Le Surrene
Le Capeable .
Le Afodere
Le Solide
Le Vollantiere
Le Dauphin . .
5 fire ships and
two cravats.
1 p. [C.O. 37, 3. Nos. 66, 65.i
enclosure) 38, 5. pp. 215, 216.]
Captaint. GUM. Men.
Vice Admiral Chateau 104 7",,
Renaud.
Lt. Gen. Lc Marquis 96 7'",
Nerman.
M. Rose Maonq, 84 BOO
Cheife de Esquadron .
M. Chareloyre . . 70 550
M. de Beauscn .. 70
M.Lt.Chev.deChoftan !K) 550
[iChaxteau] Regnant.
M. Le de Pan-on 70 .."
DejK'lliere.
M. I>> Manchan .. 70 500
M. Le Ceguillo . . 70 500
M. du Pallay . . 70 .,
M. do Legollissomiere 70 500
M. le ('onto dr Blnnac 70 50O
M. Villar .. 06 45O
M. Cnrouch Allart . . 66 400
M. tie Ferrerie . . 66 4OO
M. tie Condray .. (M 400
M. tie (lenitne G4 380
Mouniere.
M. tie Serbie . . GO 384)
M. Delligree . . 00 380
M. tie Grantlpre . . 00 380
M. de Pasle . . GO 380
M. Devaine . . GO 380
M. de Mongron . . 60 380
M. Delaroize person . . 60 380
M. Bombron .. 54 300
M. Chambellin ..54 300
M. Lanquin .. 44 200
M. Dupissencour .. 44 200
and (without
March 13.
Speaker's
Chambers.
196. Order of Committee of the House of Commons. That
the Council of Trade and Plantations lav before them a copy f
their Commission ; I n>t ructions of tne Governors of New
England, New York, Jamaica and Virginia ; the several AcU
made in Jamaica for giving presents to Governor Beeeton, and
the reports of the Council of Trade on each of them ; all the
Memorials laid by the Agents of the Island [/ Barbados] before
the Commissioners of Trade relating to the ill condition of the
13 2 COLONIAL PAPERS.
1702.
Island by the defect of their fortifications and want of -stores,
magazeens, etc., and praying to be furnished with cannon. Signed,
R. Gwynne. Endorsed, Reed. Read March 16, 170. f p.
[C.O. 28, 6. No. 43.]
March 16. 197. Circular letter from the Council of Trade and
Whitehall. Plantations to the Governors of H.M. Plantations. Being directed
by an Order of Council to send to the Governors of H.M.
Plantations for an account whether the Courts of Admiralty there
are held by virtue of the power given them by the Commission
they receive from the Lords Commissioners of the Admiralty,
or by vertue of a clause under the Great Seal of England
impowering them to erect the said Courts of Admiralty, we send
you here inclosed a copy of the said Order that you may thereby
understand the ground of the enquiry, and accordingly return
to us the account demanded. Signed, Stamford, Lexington,
Ph. Meadows, Wm. Blathwayt, Jon. Pollexfen, Mat. Prior.
[C.O. 324, 8. p. 74.]
March 16. 198. William Popple to David Crawford, Deputy
Whitehall. Commissary General of the Musters. Enclosing muster-rolls
of the Independent Company of Soldiers at Newfoundland.
[C.O. 195, 3. p. 50.]
[March 16.] 199. i. An account of money wanting for the Company
at Newfoundland, 1702. Total, 12QL 2s. Qd. f p.
ii. An account of small cloathing to be sent the Company
at Newfoundland, 1702. Total value, 121. Us. 4d. f p.
iii. An account of Provisions sent to Newfoundland for
102 soldiers for 1701. 1 p. The ivhole endorsed, Presented by
Mr. Thurston. Reed. Read March 16, 170J. [C.O. 194, 2. Nos.
60-62; and 195, 3. pp. 51-53.]
March 16. 200. Council of Trade and Plantations to the Earl of
Whitehall. Manchester. Enclosing draughts of warrants for H.M. signature
to the several Governors of the Plantations impowering them to
use the old Seals. Signed, Stamford, Lexington, Ph. Meadows,
Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. Annexed,
200. i. Draught of warrant referred to in preceding. [C.O. 324,
8. pp. 78, 79.]
March 16. 201. Council of Trade and Plantations to the House of
Whitehall. Commons. Reply to Order of Feb. 26, giving an account of their
proceedings with relation to the complaints made to them of the
Courts of Justice in the Plantations. Signed, Stamford,
Lexington, Ph. Meadows, Wm. Blathwayt, John Pollexfen,
Mat. Prior. [C.O. 324, 8. pp. 75-77.]
March 16. 202. Journal of Council of Trade and Plantations. Order
of March 13, from Sir Rowland Gwynne, Chairman of the Committee
of the House of Commons, upon Mr. Hodges's petition, was read.
AMEKI" \ \\D WEST INDIES. 133
1702.
Directions given for laying the papers therein required before
that Committee.
Answer to the Order of the House of Common**, Feb. 26, signed.
Mr. Blathwayt was desired to lay it before the House.
Mr. Thurston presented to the Board an account of money
wanting for the Company at Newfoundland, also an account of
small cloa thing, with an account of provisions to be sent to them
for 1702, which being read, their Ix>rd*hip* agreed upon a
Representation relating to Newfoundland, and ordered it to be
transcribed, and the said accounts annexed thereto.
Ordered that the Muster-Rolls of the Company at Newfoundland
received from Capt. Graydon be sent to Mr. Crawford.
Letter from the Board of Ordnance, March 12, received
and read.
Circular letters to the Governors of New Hamp.shirc, the
Massachusets Bay, New York. Maryland, Virginia. Barlmdoes,
Leeward Islands, Jamaica and Bermuda, u|>oii the Order of
Council, Dec. 18, signed.
Circular Letters to transmit Her Majesty's Proclamation for
continuing Officers, etc., to all the Governors and Proprietors of
H.M. Plantations in America, agree* 1 upon.
Letter to the Earl of Manchester with warrants for H.M.
signature, impowering the several Governors in America to u
the several seals with his late Majesty's name and inscription
till further order, signed.
March 17. Representation relating to Newfoundland signed.
Letter to Governor Bennett signed.
Letter to Col. CodringUm agreed upon.
Col. Quary presented to the Board two Memorials relating
to Virginia. Ordered that they be taken into consideration
together with such parts of the letters lately received from
Col. Nicholson as may relate to the same subject.
March 18. Letter to the Lord Cornbury ordered, to cause Her Majesty
to be proclaimed in the Jerseys.
Memorial from Mr. Thurston, praying for some allowance for his
service as Agent of the Company at Newfoundland for 3 years
last past, being read, their Lordships added a clause to the
Representation signed yesterday, proposing that 100/. be allowed
him for his said service, and 40Y. per annum during his Agency.
March 19. Circular letters to all the Governors and Proprietors in
America to transmit H.M. Proclamation for continuing offioeni,eto.,
signed.
Petition of Mr. Usher, relating to his accounts as Treasurer of
the Massachusets Bay, and praying that a like Instruction be
given to Col. Dudley, as was given to the Earl of Bcllomont
thereupon, being read, Ordered that a letter to Col. Dudley be
prepared accordingly.
Letter from Mr. Skene, iSecretary of Barbadoes, Nov. 19, 1701,
read.
Memorial from Mr. Fullerton in reply to the Council
Barbadoes's ans\ur to Mr. Skem-'> Memorial, read. Ordered
that a Copy be bent to the Lord Grey, and his answer desired,
134 COLONIAL PAPERS.
1702.
Letter from Mr. Larkin, Maryland, Dec. 5, 1701, read. Upon
that paragraph which relates to the arrival in Pennsylvania of
How and Churchil, letter ordered to be writ to the Advocate
to the Lord High Admiral, to enquire whether they were pardoned
here, or how they came to have their liberty. [C.O. 391, 14.
pp. 355-362 ; and 391, 96. Nos. 45-48.]
March 16. 203. Journal of House of Delegates of Maryland. Several
Port of writs ordered to be issued for election of Members.
Annapolis. rpj^ j ouse attending the Council Chamber, JLE. addressed
them ; I have never convened you other than the immediate
affairs of the Province have required, and that not more than once
a year, neither should I have called you now so early in the Spring
but that some concernes of moment require your concurrence.
The Law for establishing Religious Worship in this Province
according to the Church of England, which you made last, and
sent home, is now returned by H.M. for your assent, and you'll
find the alterations that are made but very little, and those such
visible amendments to our advantage, being corrected by so wise
an hand, we ought to be proud of the pattern in confirming it.
Your Journal of Assembly will make it appear that this was
humbly requested by Yourselves in an Address to H.M., that he
would be pleased to order it to be drawn as he should judge fitt,
and to be remitted to you for your concurrence. And since
this Law was so unanimously made by you, I have not the least
doubt that any crafty insinuations will abate your good
intentions in confirming so glorious and good an Act, but that
you will cheerfully joyn in putting it upon that foot H.M. has
graciously given us an handle to doe, that for the future it may
not be within the reach of our opponents to shock it again.
Tho' their efforts have proved feeble hitherto, yet you ought not
to trust it any longer, but endeavour to plant it firme to your
posterity, which will be a most lasting testimony of your virtues.
Recommends H.M. Letter of Jan. 19, 1700, concerning the quota.
" I have been some years among you, and you have always found
me strictly just to you. Wherefore, if I have any credit with you,
it's my real opinion you cannot be kinder to yourselves than in
shewing your ready compliance, etc."
March 17. It being moved that whereas Kent County is nere at hand,
and forasmuch as there are not sufficient Justices in the County
to hold a Court, unless a Member of this House, one of the Justices,
be permitted to go to supply that defect, Resolved that a Bill
be prepared for adjournment of that Court till the first Tuesday
in April.
It being moved, the great hardship of the Publick Officers
for not recovering their fees in due time for want of regulating
the Law, a Committee was appointed to report on the Law for
Officers' fees.
Bill relating to Horse Rangers ordered to be prepared.
Petition of Edward Laddemor, referred from last Session,
referred till he and his wife appear according to a former order
of this House.
AMERICA AND WEST INDIES. i
1702.
Consideration of the Bill for the establishment of Religiou*
Worship and of II..M. letter as to the contribution of a Quota
to New York, now recommended by the Council, referred till
there be a full House.
Bill relating to the Grand Jury and their speedy ittmnlimm
on the Provincial Court, etc., ordered to be prepared.
Committee of Laws ordered to enquire into the charge* and the
title of Col. Talbot to certain land proposed to be Hold for refunding
the great charges of this Province heretofore expended on hi*
behalf for imprisonment fees, etc.
Upon a message from H.E. and Council of May 15, 1701, for
appointing an Agent, referred to this Session, Resolved that this
House have no occasion of any at present.
Petition of John Needles of Talbot County and his wife and
other children of Edward Mann, relating to* a pa|H-r tostarnt>nt
of Mann, referral to a Committee.
Petition of Thomas Love of St. Mary's County read and
rejected.
Committee of Laws appointed to consider of several matter*.
The proposal of a Member, whether it be not reasonable that
a Law be provided for payment of rents of orphans' lands in tho
time of their minority, referred.
The Committee of Laws recommended that the will of Edward
Mann (which was not formally signed in the presence of three
witnesses) be confirmed by the Assembly. The House agreed
to the report of the Committee which was ordered to be sent up.
March 18. Petition of the Justices of Calvert County relating to their
Court House, setting forth the deficiency of their title to the land
whereon the Court House stands, and praying relief, read.
Bill for that purpose ordered to be prepared.
The answer to the Message yesterday relating to H.E.'s speech
the consideration whereof is referred for several weighty reasons
till to-morrow morning.
H.E. and Council consented to the bringing in of a Bill to confirm
the deficient testament of Edward Mann. Bill ordered to be
prepared accordingly.
Letter from the Council of Trade to H.E., July 22, 1701,
requiring information relating to the conduct of Proprietary
Governments, etc., sent down. H.E. and Council reaueeted the
Burgesses to represent what they knew or had heard, either in
respect to this Province, whilst under Proprietary Government*, or
otherwise of Pennsylvania and the Jerseys, according to their
Lordships' desire. " And inasmuch as it has been offered at
this Board that some Gentlemen of known probity now in your
House have reported that they were sensible the fourteen pence
IMT tun formerly and yet taken by and paid to the Lord
Baltemore, or Port Duties, was intended and given for the
maintenance of Forts and defence of the Province and wa<*
originally stiled and called Fort Duties, and not Port Duties, but
by some ' -ini-trr niran- .runt r;n y t- thr ini.-nt ..t :!, \ mMv
that gave it, was altered and changed into Port Duties, therefore
we desire you will enquire into this matter, and endeavour to get
136
COLONIAL PAPERS.
1702.
the best information and satisfaction you can therein, the said
Revenue of I4d. per tun being of great emolument, and in case
it be made appear to be misapplied, that is, contrary to the intent
it was rais'd for, proper meanes may be used to regain that
disadvantage to the Province." The House, after debate, replied,
that as to the first and second observations of the Council of Trade
[see A. and W.I., 1701, No. 661.1.], wherein it's said they assumed
to themselves a power to make Laws, and such Laws as they
enact they refuse to send home, this House say they know no
such thing. As to Appeals, it is acknowledged by this House
that in the time of the Proprietary Government here, Appeals
for England have been denyed. As to pyrates and illegal Traders ,
this House say they never knew of any to be harboured or favoured
in this Province. As to raising and lowering coin, etc., this House
say that Pennsylvania hath oppertunity under a Proprietary
Government of advancing their coin, which hath been found very
prejudicial to this Province, but for drawing away servants,
and people harbouring fugitives, this House know not any such
thing done by any publick countenance or authority. As to the
question of defence, this House say they find themselves in a very
good state and condition, but as to their neighbouring Colonies
this House say nothing. [C.O. 5, 744. pp. 237-254.]
March 16. 204. Minutes
preceding abstract.
of Council in Assembly of Maryland. See
March 17. Ordered that the Commanders in Chief in every County, being
Justices of the Peace, tender the oaths appointed to the Officers
of Militia under their command. H.E. acquainted the Council
that, for the credit- of the country, and that we may be the more
capable of expressing our duty and affection to H.M. upon his
birthday, Coronation day, etc., and otherwise of saluting any
ships or strangers that may come to this Port, he had procured
14 guns and caused them to be mounted on the State House Hill,
which was very well approved of as very creditable and necessary.
And see preceding abstract.
March 18. See preceding abstract.
Petition of the inhabitants of Putuxent and Collingwood
Hundreds in Prince George's County read, praying that St. Paul's
parish may be divided into two parishes. Yet this Board,
altho' the taxables in that parish are daily increasing, not thinking
it will be sufficient to maintain two Ministers, do not think it
convenient to make such division at present.
Ordered that the Sherrifs of St. Mary's and Charles Counties,
Mrs. Ann Baine, executrix of Capt. Jno. Baine, Mrs. Susannah
Mason, executrix of Robert Mason, late Sherrif of St. Mary's
County, Col. Jno. Good, Col. Henry Lowe and the Vestry of the
said Parish, appear and render an account of the 40/6. per poll,
since 1692.
Petition of John Wathen read, complaining that the said
Vestry delayed to pay him according to agreement for his work
done to the Church at Newport. Ordered that the parties appear
before the Board. [C.O. 6, 744. pp. 97-109.]
AMERICA AXD WEST IXDIES.
1ST
1702.
[March 17.J
205- J. Thurston to the Council of Trade and Plantation*.
Ihe Agent for Newfoundland lx-ing ordered in Nov., 1699. to
SneeraeM to account \vith and pay off several recruit* Kent tracfc
to England, for the charge of which journey he ha* a* yet had no
OOMkbntion, he most humbly prays that some allowance ma v bo
madfl him for the same, and that the Lords Commissioners for
Trad.- will represent what they shall see fit to be allowed in their
rrport to the Queen, together with something for the Agent's
pains and trouble in three years solicitation of the Company'*
business, for which he has never had one farthing. Signed,
J. Thurston. Endorsed, Reed. Read March 17, 1701 1 p
[C.O. 104, 2. No. 63 ; and 195, 3. p. 54.)
March 17. 206. Council of Trade and Plantations to Governor Bennett.
\\ hitohall. We have received your letters of Aug. 28 and ( )ct .31. We expect
the issue of Mr. Jones's trial, and upon the account which you
shall give us of the whole matter, we shall proceed as there may
be occasion, with due respect to the King's service, and to your
character as H.M. Lieutenant Governor. And as to the sloop,
when we have that full account which you expect and promise
us, we will also take care to make use of it as may be necessary.
We have jKruscd the Act of Assembly that you have sent UN against
the oppression and extortion of officers, but as that Act is wholly
grounded upon the crimes imputed to the said .(ones, we are obliged
also upon.that account to wait for the issue of his trial, or otherwise
to hear what he may have to say, before we re|x>rt u|>on it.
We desire you to send the rest of the Acts as soon as possible.
We are satisfied that the Assembly have past an Act for
repairing the Castle and Forts and that you have taken can* that
Trenches be cast up in all places necessary, ami that the Militia
be constantly kept in readiness for service. We enclose an
OCOunt of all the Mores of war that have been sent to t\w
Bermudas since your Commission for t hat ( Jovernment . We desire
you to acquaint us with your having received them. These
stores being the full of what you asked, we presume those Islands
will be in a sufficient posture of defence. We observe with just
regard your endeavours in reforming the irregularities that have
too long prevailed in that place, and the ho|>es you have to succeed
therein. Signed, Stamford, Ph. Meadows, Wm. Blathwayt,
John Pollexfen, Mat. Prior. [C.O. 38, 5. pp. 191-193.]
March 17. 207. Council of Trade and Plantations to the Queen. The
Whitehall, season of the year approaching for the usual convoys to be sent
to Newfoundland, we humbly take leave to lay before your
Majesty such account of the state of that place as we conceive
necessary for the further security and advantage thereof. The
importance of that Trade and Fishery being very great to this
Kingdom, and several provisions having been made by a lat<
of Parliament for the better regulating the same, we did in
pursuance thereof prepare particular heads of enquiry and
directions, which urn- accordingly given by the 1.
Commissioners of the Admiralty to Capt. Graydon, C. in C. of the
138 COLONIAL PAPERS.
1702.
Squadron sent thither the last year, unto which we received
answers. It appears to us that the inhabitants in general have
not a due regard to the several Regulations for the more
advantagious management of the Fishery, it being found that
northward of St. John's as far as Carboniere and to the Southward
as far as Ferryland, the trees are ruined and the woods destroyed
as much as before the late Act. The Admirals and masters of
ships do not exactly observe the rules prescribed by Act of
Parliament. The vessels from New England supply the people
of Newfoundland with provisions. European commodities are
carried directly from France, Spain and Portugal to Newfoundland
in English ships contrary to Law, and sold or truckt with the
traders from New England for tobacco, sugar and other of the
enumerated commodities and carried to foreign parts, so that at
the latter end of the year the Masters are wholly taken up in the
management of that illegal trade, which might in some measure
be prevented, had the officer or officers commanding your
Majesty's ships power like that of a Custom House Officer to seize
such goods. The New England Traders seldom depart the country
till the men of war are first sailed, and then they carry with them
numbers of handy-craftsmen, seamen and fishermen, whom they
intice thither in expectation of great wages. The Masters of ships
are very negligent in bringing the Greenmen home, whereby they
save the charge of their passage, and those men so left are inticed
and carried to New England. Against which irregularities we
humbly conceive it necessary that the Commander of the Convoy
now going thither be directed to take care as far as in him lies,
that upon his arrival there the best remedies be applied for the
prevention of those mischiefs, and that upon his report some
further clauses be proposed at the next Sessions of Parliament
for the more effectual regulating that Trade.
As to the state of the Fortifications in St. John's Harbour,
wch. is the principal place of defence, we have already humbly
represented that stone and other materials are wanting for
completing the same, for the transporting of which we have
disposed some merchants to be assistant with their ships at easy
charge, etc. Repeat recommendations of Representation of
March 6. And whereas your Majesty has there one Company
of Foot consisting of 80 men besides Officers, for whom all neces-
saries are yearly sent by every convoy, we humbly lay before
your Majesty hereunto annexed the several accounts of what
appears to us to be wanting for their support in subsistance,
cloathing and provisions, for the providing of which the most
speedy orders are requisite. We have received from Capt. Powell,
their Commander, several letters of complaint against their Agent
here, as if he had not duly remitted the subsistance money allowed
them according to their establishment, to which having required
the said Agent to give answer, he has laid before us such accounts
of his transactions as seem unto us to be without exception.
But in order to the more perfect examination of those matters,
we humbly offer that copies of all papers relating thereunto be
given to the Commander of this year's convoy, and that he be
AMERK \ \\h \\IST INDIES.
[March 17.]
directed to report his opinion thereupon, and redrew a* far aa
in him lies what he shall find amiss. We likewise hurablv rvpreaent
that the Commander of the Newfoundland Convoy may hive the
lik. nunim-ion to command in chief the soldiers in "pay there
M bej ben given the loonei peaa \.,.| A!,. ., M m i, ,., v ,
received from the Lord Bishop of London a great complaint of the
I and scandalous usage that Mr. Jackson, the Minister of
5t. Johns in Newfoundland, hath received from Capt. Powell
ai i.l Samuel Francis, his first Lieutenant, and of their profligate
lives, which is of very ill example to the soldiers and inhabitant*
of that place, we cannot but represent to your Majesty that one
or both of them be removed from their employments "there, and
succeeded by such as may behave themselves as they ought to do.
And whereas Mr. John Thurston has been employed for 3 yean
past in the business of Newfoundland relating 'to the hofdiers
there, which has been a matter of great trouble and some
expence, for which he has yet had no reward, we do think he may
deserve 100/. in consideration of his said services and rxpenaee,
and that an allowance of 40/. per annum be allowed him for the
future during the said Agency, the Company there no way*
contributing thereto. Signal, Stamford, Ph. Meadows, Win. Blath-
wayt, Jno. Pollexfcn, Mat. Prior. [C.O. 11)5, 3. pp. 55-62.)
208. Heads of the [above] Representation upon New-
found land. In Mr. Popple* handwriting. 1 p. [C.O. 104 2
No. 65.]
March 17. 209- Col. Quary to the Council of Trade and Plantation*.
Memorial touching the present state of Virginia.
That H.E. the Governor since his coming to the Government
hath very much advanced her Majesty's Revenue is evident,
and I hope to your Lordships' great satisfaction sufficiently
demonstrated, by the accounts thereof stated and transmitted
to your Lordships. He hath from time to time used all the
endeavours possible with the Assembly of that Colony to have
a house built for the reception of the Governor according to your
Lordships' Instructions, as may be seen by his several Speeches
and Messages upon that subject in the Assembly Journals, but their
continued answer is, that the Country at this time is not in a
condition to sustain so great a charge, there being many publick
debts and contingent charges to defray and the Capitol still to
be built, which requires great and vast expenccs, and that having no
fund to carry on that work, they cannot at present comply therewith.
So that (with submission to your Lordships' better judgment)
unless some stricter commands bo sent over for that purpose
it is not like to be enYrted this many years. There is all the
care imaginable taken to perfect and finish the Revisal of the Laws,
which will be done according to your Lordships' Instruction*.
The publick business is cncreased tenfold to what it was, and
persons sufficiently qualified as Assistants to cam' on and finish
that work arc much wanted, but care is taken to obtain them
and orders to send all the Act* under a separate Seal.
14 o COLONIAL PAPERS.
1702
I am also commanded to lay before your Lordships the
inconveniences of the Government here. The major part of
the Gentlemen of the Council live so remote from the Seat of the
Government and over such great Rivers, that it is a great difficulty
in getting the Council to meet, which occasions great delay in
H.M. business, for the remedying whereof his Excellency in his
several letters transmitted to your Lordships, hath proposed
three very worthy Gentlemen who live very contiguous to the
Seat of the Government, without any River to pass, so that they
being added to the Council, it will be more easy to effect the
publick concerns of the Government, to which letters I humbly
refer your Lordships.
I have not much more to add, but in answer to what your
Lordships were pleased to write unto his Excellency concerning
the French Protestant Refugees. His Excellency's indefattigable
care therein, and the proceedings of the Assembly thereupon
may plainly appear to your Lordships, if your Lordships please
to inspect the separate Journal of that matter.
The publick Business encreases so fast that it is a very hard
matter to get anyone qualifyed to act as Clerk of H.M. Council,
or as Attorney General to leave their homes and reside at the Seat
of the Government, which indispensably ought to be, the salary
now allowed is so very small and inconsiderable. For the
remedying whereof H.E. and all the Gentlemen of the Honble.
Council have sent an humble proposal, and laid down ways and
means to encrease the salary of those places, that they may be
supplyed with able and judicious men, who may have their cheif
interest and dependance thereupon. And it is further proposed
by H.E. as a thing much conducing to H.M. interest and service
that whosoever is commissionated Attorney General should be
Advocate of H.M. Court of Vice- Admiralty there, it being thought
very detrimental to the interest of the Crown, to have them to
be two distinct persons. Signed, Robt. Quary. Endorsed,
Reed. 16th. Read March 17, 170|. 5f pp. [C.O. 5, 1312. No. 28 ;
and 5, 1360. pp. 102-106.]
March 17. 210. Col. Quary to the Council of Trade and Plantations.
Memorial upon the state of defence of Virginia.
H.E. the Governor hath and doth take all the care and pains
possible to have all the Militia of that Government duly exercised
and trained, going himself in person to the several Counties to see
the same performed, so that the country is now (as to its
Militia, consisting of Horse Dragoons and Foot) put into as good
a posture of defence, as it is capable of.
But such is the weak and defenceless condition of the country,
the Militia of the whole country not amounting to above eight
thousand men, and they so undisciplined and unskillful and in
such great want of arms and ammunition proper and fit for action,
that not one fourth of the Militia is fit to oppose an enemy, and
they too must (if there should be occasion) be drawn from all
parts of the country. Besides there are no magazines or stores
of war in the country, a considerable part being burnt or destroyed
AMERICA AXD WEST INDIES. m
1702.
by the late fire wherein the State house of the country WM
consumed. Now that this Colony may be the better put into
a capacity to defend itself, it is humbly offered that cannon
powder is altogether useless for our land "force*, because not fit
for small arms, neither will it keep. And therefore the beat store*
of war to be sent to this country would be pistol powder and
pistol bullets, which in fit for all manner of service, ana some hand
mortatx arid gnmadoes Huitable and fit for them, with (iranadeer
and Dragon arms. And to render the same mom effectual.
it i- humbly proposed that his most sacred Majesty be addrewed
to send two Engineers or Fire-masters well skilled in managing
mortar pieces and granadoes and nil fire-works for war, and that
all materials for that purpose and for making fire-ships may be
sent also. The charge of all which may be defrayed out of his
Majesty's revenue of Quitt Rents or by tax or by imposition
of six pence or more to be laid upon every hhd. of Tobacco, which
will not be felt in trade. As to the Land Fortifications, we have
not any, what have been heretofore are demolished, neither
indeed can they be to the benefit, but rather disadvantage of the
country, for Land Fortifications cannot be made sufficient to defend
this country from the danger of enemies, privateers or pirates.
1st, Because the country being low towards the sea, rivers and
creeks, there are landings where there are no Plantations. So
that it will be easy to come upon the backs of those who are to
defend the fortifications, and having once possessed themselves
thereof to make use of the guns against the country. 2nd, Such
fortifications cannot prevent insurrections within, for that it will
be easy for conspirators to make themselves masters both of the
arms and ammunition when they lye without guard in two or
more several places, and besides it would be too much exposed
to the danger of frequent and great lightenings to which the country
is very subject. 3rd, The country cannot be secured from
the attempts of an enemy, nor illegal traders prevented by such
fortifications. The rivers being so broad that their guns will not
command the channels, the only places fitt for such fortifications
are only Point Comfort at the mouth of James River and Tindal
Point on York River. But to build and maintain such fortifica-
tions will be of greater expence than the country is able to bear,
nor will it countervail the cost to be done at H.M. charge. Besides,
and which is worthy your Lordships' consideration, we are in the
way of all fleets coming through the Gulph from the West Indies,
and if any enemy should come upon our coasts, and send aeven
or eight Bond red men in boats they may (considering the large
open frontiers the country hath to defend both by sea and land,
our land frontiers lying open to th-- incursions and inva>i->n-
of the French and Canada Indians, and our Plantations lying
scattered and dispersed fair remote from each other) d*stroy
and spovle all or most of the Plantations upon the rivers and
upon both sides of the Bay. they being for the most part >iiurl
Plantations and lying in large necks, and so inconvenient that
should our land Force- IK- drawn down they cannot march along
the ri\cr side, to hinder their landing in boats, being intercepted
142 COLONIAL PAPERS.
1702.
by creeks, boggs and marshes and having no boats to attack
them by water must be forced to march four or five, sometimes
twelve, miles before we can come to them, in which time they
may ruin and destroy all the Plantations and cropps where they
come, and if this be done betwixt the latter end of May and the
latter end of September, considering the Militia must be raised
from all parts of the country, the whole country being thereby
put into a hurry, all our cropps will be ruined even in six weeks'
time. Again, considering the Militia must be drawn down from
all parts of the country to the place assaulted, an insurrection
from our own servants and slaves is greatly to be feared, who we
doubt will (in case of an invasion) joine with the enemy, and so his
most sacred Majesty would sustain vast damage not only by the
destruction of one year's cropp, but also by ruining our
plantations, destroying the tobacco in its very seed, and
consequently the trade and custom of it for divers years to come.
From all which it is evident, that the only means to protect
and defend this Government must be by a Naval force, which
will both strengthen it against insurrection within and enemies
and pirates without, and will also be more effectual to detect
and prevent illegal traders. It is therefore humbly offered to your
Lordships' consideration, that his most Sacred Majesty be
addrest to send a squadron or at least five or six men of warr to
cruise upon the coast the summer season in the time of warr,
which will not only secure this Government but also all H.M.
other provinces, territories and dominions in America, defeat
the attempts of an enemy, detect and discover illegal traders,
awe and terrific pirates, which very much infest those coasts, and
bid fair for some ports held by the French and Spaniards in the West
Indies, notwithstanding the many Privateers they have (as we
are credibly informed) in a readiness in those parts to lanch forth
upon the first notice of a warr. Signed, Robt. Quary, Dionisius
Wright. Endorsed, Reed. 16th. Read March 17, 170J. 3| pp.
[C.O. 5, 1312. No. 29; and 5, 1360. pp. 107-112.] "
March 17. 211. Minutes of Council in Assembly of Barbados.
Capt. Richd. Gilbert paid 49Z. 10s. for the hire of a sloop.
Petition of George Chowne for the hire of his sloop recommended
to the Assembly.
20/. paid to Mary Lyte for her good service by the discovery of the
late negro plot.
A Bill to secure peaceable possession of slaves, etc., was read the
first time and rejected.
William Gallop returned William Grant as a member of Assembly
for the parish of St. Joseph, in the room of John Holder, lately
gone off the Island. He took the oaths, etc., appointed.
Petition of Capt. Richard Gilbert for the hire of the sloop
Amity, impressed in 1691, was recommended to the Assembly.
The Hon. Richard Scott was granted leave to go off the Island
for some short time.
Ordered that the Colonels who have not already returned all
persons who were deficient upon the last alarm, do forthwith do so.
AMERICA AND WEST INDIES. U3
1702.
Letter from Lt. Col. Win. Forteacue read, giving the reasons
for his not attending the Court of Common Plea* for Chrwtchurch
as one of the Assistants of that Court.
The I'lvsidmt recommended to the Assembly the payment of
Capt. Gilbert's account for seamen 'H wages, and the recompense
of Mr. Jonathan Sisson.
The Assembly acquainted the Board that it was their opinion
William Grant was not duly returned, for that the writ being
directed to a Justice of the Peace not of the Council, was not
agreeable to the Act. Upon which matter they invited the
consideration of the Board.
The Assembly delivered to this Board a letter signed by the
Hon. Patrick Mein, which seemed to relate to gome matters of
consequence in favour of the Scotch Nation, which being read
together with a letter from Col. Cleland from England, upon which
the abovesaid letter was grounded, this Board being well satisfied
therewith hath ordered an answer thereto to be delivered to the
General Assembly.
The Petition of Arthur Slingsby considered. The papers he
put in for his claim to the Deputation of the Office of Register
not being sufficient, and the Board being satisfied with the holder
of the office, the claim was disallowed, until H.M. pleasure be
known therein.
March 18. The Assembly attending moved that the Board would give
their reasons for throwing out the Bill against the detinue of
negroes, etc. The President informed them that it was contrary
to a clause in the King's Instructions to re-enact any Bill more
than once.
The Board returned Mr. Mein's letter with their opinion :-
It plainly appears to us that the design in hand mentioned is
no other than a joint endeavour and contribution of some
Noblemen and Gentlemen of the Scotch Nation in a legal manner
by the help and assistance of the Duke of Queen borough [sic\ to
obtain of the King and Parliament some relaxation of an Act of
Parliament of the 7th and 8th of the King, whereby they are
prohibited executing any office of trust in the Law or Treasury
in the English Colonies, and we doubt not you will be of the same
opinion and clear Mr. Mein of all aspersions, whom we have always
found firm to the present Government in England, etc.
The Assemblv proposed a Conference upon the election of
William Grant. * The Council consulted the Attorney and Solicitor
General on the point.
March 19. An Act for the further supply of fire-arms and other
stores was read three times and passed.
An Act to secure the peaceable possession of slaves, etc., was
read the first time and ordered to lie upon the table.
115/. 12*. 6d. paid to Morgan Parris for 39 pieces of green heart
for the fortifications of the precincts of St. Michael. [C.O.
pp. 176-186.]
March 17. 212. Journal of Assembly of Barbados. John Deire
granted leave to bring in a Bill for his naturalisation.
144 COLONIAL PAPERS.
1702.
Two objections were raised to the election of William Grant
as Member for the parish of St. Joseph. (1) That the writ was
directed to Capt. Gallopp, tho' the Act directs that it be directed
to a Councillor, if any in the parish, and George Andrews, a Member
of Council, is an inhabitant of the parish. (2) By the said Law
the writ should have been issued in 20 days after the death or
absence of the former Member.
Letter from Patrick Meine to Robert Stewart, March 9, 1701,
read, and ordered to be laid before the President and Council.
After referring to private business : I have had two letters
from Col. C\[eland] since I saw you : he advises our writing
a joint letter of thanks to the Duke of Q,[ueensberry] and to con-
tribute towards the charge of carrying on the business, tho' that
very cause has already cost me 20 guineas, I shall not be backward
to do what is fitting, but both must be agreed to by others as
well as you and I, and there are 14 Colonies in America besides
this where our Countrymen are considerable enough to have
a concern with us.
Ordered that the copies of the Act for the encouragement of
Privateers be delivered to Edward Cordwent, mercht., who is
desired forthwith to send them to Pennsilvania or New York
to be printed, and 500 (when printed) to be dispersed to the
Northern parts of America, and 100 remitted here. The charge
to be paid out of the Publique Treasury.
Further consideration about sending for field-pieces ordered.
Ordered that the additional charges in Capt. Gilbert's account
be allowed.
Ordered that Mr. Sisson be presented with 201.
Mr. Thomas Hodges' correspondence referred to a Committee
to prepare a reply.
Act for the further supply of fire-arms and other stores was
read and passed.
Ordered that Wm. Holder examine the Agents' accounts.
And see preceding abstract under date.
March 18. See preceding abstract under date.
A new Bill to secure the possession of slaves, etc., was read and
passed.
Letter to Patrick Mein, London, Nov. 7, 1701 [? from Col.
Cldand], entered : " We are now pushing this matter in
relation to the Act of the 7th and 8th of the King. All our
countrymen here have entered into it, and resolve to bring it first
before the King and then before the Parliament of England,
and have that Act explained, so that we who live in England and
the Plantations may be at a certainty whether we have the liberty
of English-born subjects or no, and we design to go through with
it even to the Parliament of Scotland. I have been often with the
D. of Queensberry, who has hitherto done us all the service
imaginable, and in some measure put a stop to their career, and
will go on with all his interest. I was t'other day with the
Secretary, some Scotch noblemen and about thirty gentlemen of
good estates, who live in England, and we unanimously resolved
to concur, and since that several others join with us. I have
AMERICA AND WEST INDIES. 145
1702.
given in a petition and a memorial to the King, and we are now
drawing another memorial and a state of the case, so that thu
winter will bring this matter to an issue. There are a great many
both great and good men are become parties to us. What we
design i.s for the good of the country we live in, as for our own. I
hope all our friends in the West Indies will contribute according to
their several degrees towards defraying the charge. Them in
an indispensable necessity, for putting this matter to the push.
Col. Hamilton, Governor of Jersey, is objected against becauae of
the aforesaid Act, being a Scotchman, and notwithstanding that
the Lords Justices and Council of Trade know that the Attorney
and Solicitor General in Skeen's case have given their opinion, and
the King a judgment in full Council, yet it hangs before them,
and they say other great lawyers are of another opinion, and my
Lord C. J. Holt in another case now before the Court of Appeals
for a seizure made of one Cunningham's ship, he being a Scotchman,
declared that the Act was against them, and so did the now
Attorney General Northey, and put off the trial to a day, the thing
as they said being of the last consequence to England and Scot-
land. Before the trial was to come on, I went to mv Ird D. of
Queensberry with some reasons upon the Act, and that he
might apply to the Ix>rds .Justices and the Lord ('. J. to inform
himself what they intended in the matter, and to get the trial
delayed rather than a rash judgment should lx given upon the
Act, which has been done. So that now we are in little fear,
the K. being come home and such a confederacy made, but that
the matter will end to all our satisfactions. This account I have
also given to Mr. Stewart, and we expect you will all write a joint
letter of thanks to the D. of Q., and send home your jx'iice to carry
on the cause." [See preceding, under March 18.] [C.O. 31, 0.
pp. 455-461.]
March 17. 213- Minutes of Council of New York. The Governor having
received a petition from Col. Bayard, his honour did declare, with
the concurrence of the Council, that he by his petition does not
only demand a reprieve as a matter of right, but arraigns
the proceedings of this Board, and of the Court which tried
him.
March 18. Upon further consideration of the petition of Col. Caleb
Heathcote for a confirmation of lands in Westchester County,
and that the same might be erected into a Manor, it was a Hedged
that Capt. James Mott hath reasons to offer against it. Ordered
that Mott appear on Friday next, and give in his reasons, and that
on default of his appearance the patent issue.
The Memorial of the Officers in Fort William Henry read.
Ordered that Capt. Walters prepare four pair of sheets, eight
pillow bears and six towels for them, and bring in his account of
the charge thereof.
Petition of Isaac Deriemer, John Evants, and John Plevier
read, praving a licence to purchase vacant lands in the County
of Suffolk called Half Hill, about three miles long and two miJea
oroad, close by the town of Huntingdon, from the native Indian
C 10
146 COLONIAL PAPERS.
1702.
Proprietors, and granted, provided the same be made before
a J.P. of the County, and returned into Council within 12 months.
March 19. On information from the Corporation of Kingston in Ulster
County that several persons have taken upon themselves the
execution of the offices of Trustees and officers of the said
Corporation, without being sworn as the Law requires, the
Council do think fit to caution the said persons in the premisses,
for that they either do or jnay incur a praemunire by so doing.
Jacob Balck, an alien, appeared and prayed that he might be
admitted to take the oaths appointed by Act of Parliament to
be taken instead of the oaths of Allegiance and Supremacy and
to subscribe the Test and Association, which was done. [C.O. 5,
1184. pp. 632-634.]
March 18. 214. Order of Queen in Council. Approving the Repre-
Whitehall. sentation of March 5, and ordering that passage be provided for
Governor Crowe on board one of H.M. ships of war, and 150 tons
of shipping to carry his household goods. The Lord High
Admiral to give the necessary directions. Signed, John Povey.
Endorsed, Reed. March 30. Read April 24, 1702. f p.
[C.O. 28, 6. No. 45 ; and 29, 7. p. 518.]
March 18. 215. Order of Queen in Council. Approving the Representa-
St. James's, tion of March 5 upon Gov. Crowe's Instructions, and ordering the
Earl of Manchester to cause the same to be prepared for Her
Majesty's signature. Signed, John Povey. Endorsed, Reed.
March 30. Read April 24, 1702. 1 p. [C.O. 28, 6. No. 44 ;
and 29, 7. p. 519.]
March 18. 216- Order of Queen in Council. Referring enclosed
Whitehall, memorial to the Council of Trade and Plantations for their con-
sideration and report. Signed, John Povey. Endorsed, Reed. 20.
Read March 24, 170[|]. f p. Enclosed,
216. i. Joseph Dudley to the King. The Provinces of the
Massachusetts Bay and New Hampshire lie exposed to
the danger of an enemy upon a long coast of 300 miles,
and on the back in open and undefensible villages near
the same in length without any supply of forces from
your Majesty, and much nearer to the French and
Indian enemy than the Province of New York where
Your Majesty has 400 men in garrison. It is therefore
humbly proposed that one of those companies be
removed from New York and disposed within the said
two Provinces for their better security and defence.
No signature or date. Copy. 1 p. [C.O. 5, 862.
Nos. 103, 103.i. ; and 5, 910. pp. 191, 192.]
March 18. 217- Order of Queen in Council. Approving the Repre-
St. James's, sentation of March 5, as to Col. Dudley's Instructions, etc., and
directing the Earl of Manchester, Principal Secretary of State,
to cause them to be prepared for Her Majesty's signature.
Signed, John Povey. Endorsed, Reed, llth, Read Sept. 15, 1702.
1 p. [C.O. 5, 862. No. 102 ; and 5, 910. p. 253.]
AMERICA AND WEST INDIES. 147
1702.
March 18. 218. Minutes of Council of the Massachusetts Bay. Ordered
that for the present security of the public store of powder it be
dfcpened ana lodged in several places ; vizt. in Capt. Benjamin
Davis, his out brickhouse, in Mr. Arthur Mason's granary in
Boston, and in Col. Phillips' storehouse in Charlestown, other than
what is necessary to be kept at the fortifications.
Committee appointed to purchase 100 barrels of powder.
Letter ordered to be written to the Government of Connecticott
to acquaint them that Instruments are provided for the taking
observation in order to find out and running of the line betwixt
this Government and that, and that 'tis proposed to proceed in
that work, in May, and to desire them to appoint one or more
artists on their part to repair hither by the latter end of April to
prove the instruments and join in the work.
Upon the Petition of Samuel Shrimpton and Epaphras
Shrimpton of Boston, Merchants, Capt. Samuel Legg, and ('apt.
William Clarke, Merchts., and Capt. Foye, Mariner, were
appointed to appraise what was saved from the Weymoulh wreck t
to pieces upon the sands of the Island of Xantuekett.
657J. 6.9. paid to Mr. James Taylor for disbursement for stores
for the Forts and Province galley, Nov. 5, 1701-Feb. 21,
1702.
Warrants signed for payment of the Judges' salaries and
several sums ordered by the Assembly in February. [C.O. 5, 788.
pp. 124-127.]
March 18. 219. Circular letter from the Council of Trade and
Plantations to H.M. Governors in America. Enclosing an order
from the Lords of the Privy Council [see March 1 1 ] notifying the
death " of our late gracious Sovereign of ever blessed Memory,
and directing you to proclaim the High and Mighty Princess Anne
Queen of England, Scotland, France and Ireland, and of all the.
Dominions thereunto belonging, etc." We do earnestly
recommend to you that you proceed without loss of time in the
execution of those orders, and that H.M. be accordingly
proclaimed in the most solemn manner, and most proper parts
of your Government. You are upon this occasion to assure all
her Majesty's subjects under your government of H.M. especial
care and protection, and to exhort them to do on their part*
what is necessary for their security and defence in the pment
conjuncture. And you are to return a speedy account of your
proceedings herein. You will receive a warrant empowering ywi
to continue the use of the Public Seal. Signed, Stamford,
Lexington, Ph. Meadows, Wm. Blathwayt, John Pollexfen,
Mat. Prior. Enclosed,
219. i. Printed Copy of H.M. Declaration at her first sitting in
her Privy Council, March 8, 1701. I p.
219. ii. Printed Copy of H.M. Proclamation for continuing all
officers, etc. St. James', March 9, 1701. I p.
219. iii. Printed Copy of the Address of the House of Lord*
to H.M., March 8, 1701, with H.M. Reply. 2 pp.
148
COLONIAL PAPERS.
1702.
March 19.
Whitehall.
219. iv. Mentioned as enclosed but not given here : Address of
the House of Commons and H.M. Speech to both Houses
of Parliament. [C.O. 324, 8. pp. 80, 81.]
220. Circular letter from the Council of Trade and Plantations
to the several Proprieties in America to proclaim the Queen.
Upon the sad occasion of the death of his late Majesty King
William of blessed memory, and the happy accession of the high
and mighty Princess Anne to the throne of her royall ancestors,
we send you inclosed the Order of her Majesty's most Honourable
Privy Councill, that you may take care that her Majesty Queen
Anne be accordingly proclaimed Queen of England. Scotland,
France and Ireland, and of all the Dominions thereunto belonging,
in the most solemn manner and most proper parts of her Majesty's
Province of - , and you are upon this occasion to assure all
her Majesty's subjects in the said , of her Majesty's
especial care and protection, and to exhort them to doe on their
parts what is necessary for their security and defence in the
present conjuncture ; and you are to returne a speedy account
of your proceedings herein. Signed, Wm. Blathwayt, Jno.
Pollexfen, Mat. Prior, Stamford, Lexington, Ph. Meadows.
[C.O. 5, 1289. p. 388 ; and 5, 289. pp. 86, 88.]
March 19. 221- Journal of House of Delegates of Maryland. The Act
for religious worship, sent out of England, was referred to the
Committee of Laws to compare with the Act for Religion of this
Province.
Proposed by a Member the great ill-conveniency for encouraging
of vice by too frequent horse-racing on Saturdays, whether it be not
necessary to make a Law for suppressing the same on Saturdays.
Recommended to the Committee of Laws to prepare a Bill with
some mulkt, etc.
Message sent up to H.E. and Council that, as regards the
per tun, this House have made strict search and enqui^
into the original Law and some Journals of Assembly for
discovery of the same, and what discovery is made this House
recommends to your Excellency for perusal.
Bill for conveying Jurors to Provincial Courts from the Eastern
Shore, read first and second time and committed for amendment ;
Bills for relief of Kent and Calvert Counties and for Needles
about Mann's testament (i.e. to confirm Edward Mann's ivill),
read the first and second time.
Bill prohibiting horse-racing on Saturdays read the first time
and committed for amendment.
Petition of Richard Bishop jr. of Talbot County read.
Petitioner referred to the Common Law for relief.
Bill for the naturalization of Hermanus Schee and others, sent
down, was read the first and second times.
Ordinance relating to sailors, sent down, was concurred with :
Whereas in the late Act for regulating ordinaries there was a
good, beneficial clause enacting that no Ordinary Keeper should
credit any sailor belonging to any merchant's ship for more
AMERICA AND WEST INDIES. 149
1701
than 20. during their stay here for the time of one voyage, which
clause in omitted in the present Law, but for that daily experience
shows the absolute necessity of such a clause to restrain the
ordinaries from harbouring such sailers to the great prejudice of
the owners and masters of vessels, it is ordained by H.M.
honourable Council and the Delegates of this General Assembly
that no Ordinary Keeper do harbour or entertain tmch sailers
to the neglect of their service under the pain and penalty of being
suspended from keeping such ordinary, and that no ordinary
keeper shall credit any such sailor for more than 5*. during any
one voyage under the penalty of losing his debt and being finetl
to our Lord the King 51. sterl., whereof | to the informer, the
other to the Vestry of the Parish where such ordinary's kept.
Petition of the inhabitants of Prince George's County read and
referred till to-morrow.
Bill for relief of Kent and Calvert Counties read the second
(sic) time and sent up.
Bill confirming the writing to be Mann's testament read twice
and sent up.
Bill for Religious Worship brought in.
March 20. Bill to direct the payment of rents for orphans' lands ordered
to be prepared.
Bills for relief of Kent, etc., and confirming Mann's testament
sent down read.
Petition of Thomas Reynolds and others on behalf of them-
selves and the rest of the Sherrifs, etc., praying longer time to
continue in office, rejected.
The proposed Bill for Religious Worship, etc., read. Voted
whether the same pass aa it came from England or that it be
amended, carried in the affirmative (sic). Ordered the blanks
be filled up, and that it be thus endorsed. Resolved that it
pass without any amendment.
Representation of Sir Thomas Laurence. H.M. Secretary,
relating to Ordinary Keepers and for preventing contests, read.
I -ohred that for determining contests that may arise, he be
referred to the Laws in such cases already provided.
Petition of Prince George's County, for a bridge to be built over
the Western branch of Pattuxent * River at the public charge,
granted.
Bills for relief of Kent and Calvert Counties, and for confirming
Mann's testament sent to be engrossed.
Bill against horse-racing on Saturdays read the first and second
times and sent up, together with the Bill for Religious Worship, etc.
Bill prohibiting the abuses committed by wood-rangers read
the first time.
Bill for Religious Worship, sent down passed, was ord<
be engrossed.
The paragraph in H.E.'s Speech relating to a contribution t
New York was read and referred till to-morrow.
Message from H.E. : " I have solicited H.M. for leave to TO
home for the recovery of mv health, which he h^taw graciously
pleased to grant, and in order to it I have some thought of going
150 COLONIAL PAPERS.
1702.
this summer. Therefore, if I can be of any signal service there,
I will do it with the same alacrity and honesty I have demonstrated
to you here, and as I came into the Province unprejudiced, so I
solemnly declare I shall leave it without the least ill impression
as (sic) any person whatsoever."
March 21. The House of Delegates replied : " We return your Excel-
lency our humble thanks for so freely communicating to
us your design for going to England, but are most heartily sorry
you find any uneasiness amongst us which should give you cause
to desire to be removed from a people to whom by your constant
endeavour, candour and integrity prudence and discreet manage-
ment of affairs, you have given a complete and entire satisfaction,
which in behalf of this Province in general and of every individual
person in our House in particular, we gratefully acknowledge.
And pray God to bless you and your good Lady, who also has
been an eminent example of religion and virtue, and particularly
we pray God to bless your hopeful children, born amongst us, to
be an honour to their native country, for which children's sake
we hope your Excellency will when in England bear a true respect
to this Province. If any business arises from this Sessions towards
England, we shall desire your Excellency's favour, and that you
will commend our duty and loyalty to our gracious Sovereign,
whom God preserve."
Bill for conveying Jurors rejected.
Petition of John Hawkins of Charles County read. Ordered
that he be allowed 800Z6. of tobacco.
Major William Barton's petition read. Resolved that the
imprisonment fees for a servant boy be paid by the County, and
that he produce his account to this House proved of the Indians'
fees, which being delivered into this House was regulated and
allowed 5,000$. tobacco in full for the same.
Proposed that Mr. Bladen be desired to attend this House on
Monday morning and bring with him the erratas of the Laws
that the same may be debated, pursuant to a reference last
Sessions.
Messsage from H.E. : " I take your kind sentiments of me with
a great satisfaction," etc.
Bill prohibiting wood-rangers, etc., sent up, and returned passed.
Mr. Thomas Beale having been made an allowance and the
Treasurer, Robert Mason, having died before the money was paid,
a Committee was ordered to inspect his accounts.
H.E. Speech and H.M. Letter for a supply of money for building
a fort in the Government of New York debated. Resolved, that
300J. sterl. be remitted for that purpose, and ordered that it be
signified to H.E. by message.
Major Walter Smith, indisposed, given leave to go home.
[C.O. 5, 744. pp. 254-266.]
March 19. 222. Minutes of Council in Assembly of Maryland. H.E.
acquainted the Board that there were two runaways, belonging
to Mr. Tellet and Mr. Syncock of Virginia, committed to the
custody of John Carvill, Sherrif of Ccecill County, whereof one
AMERICA AND WEST INDIES. ii
1702.
escaped from Carvill by reason of his negligence and the other
he had compelled to work whilst in his custody, Mr. Carvill, K^ng
called in, alleged that he had no good service from the servant,
he having had an ague for a long time. Whereupon this Board
being desirous to approve themselves Mod neighbours to the
Colony of Virginia in shewing their readiness to do them justice
upon any application, do not think it reasonable that the Sherrif
should have 20/6. tobacco per diem for the confinement of Mr.
Tellet's servant, in respect he employed him great part of the
time in his own service, but that 1,000/6. tobacco is sufficient to
satisfy him for securing that servant. As for Mr. Syncock's, he being
escaped, this Board at present do not think fit to intermeddle
therewith.
Bills for the relief of Kent and Calvert Counties and confirming
the will of Edward Man, sent up, were read the first time.
The Betty Galley, Capt. Edward Brisco, laden with tobacco
and bound for England, being but very weakly manned and
thereby disabled from prosecuting her voyage, the Council
advised that H.E. do order Capt. Bostock to supply him with
two able sailors from on board H.M. advice-boat Eaglt, and that
he press two other men in their stead, where they may be best
spared.
March 20. It being represented on behalf of the Vestry of St. James*
Parish in Ann Arundell County that whereas Mr. Henry Hall,
the present incumbent, upon his being appointed to the said
Parish had by the Vestry paid unto him a considerable sum
of tobacco of the 40/6. per poll, which had been raised before
his appointment, he promising to refund the same in case the
Governor and Council should adjudge it not to belong to him,
and the Board being of opinion that all tobacco raised by the
40/6. per poll whilst no incumbent in the Parish is not the right
of any Minister, but ought to be applied by the Vestry for the
use of the Parish, ordered accordingly. Petition of several
Sherrifs with their reasons offered for their longer continuance in
office than three years, now by Law limited, read and approved
of, and ordered to be recommended to the House.
Letter of the Council of Trade, Aug. 14, 1701, with the Lord
Justices' Order for a separate jack for privateers, read. No such
Commission having been granted in this Province, when any are,
care shall be taken accordingly.
Letter of the Council of Trade, Aug. 20, 1701. The Board
represented the following persons to supply vacancies in the
Council ; Lt.-Col. Thomas Smithson, Kenelm Cheaeldyne, Lt -
Col. Thomas Smith, Col. Thomas Ennals, William Coursey, Jno.
Hall, Seth Biggs, Capt. Philip Hoskins, Major Walter Smith,
William Hutchison, Samuel Young, and William Harris, who
have been long livers in the country, are men of good estates,
experienced and well affected to H.M. and this Government.
As to the clause relating to the Governor and Members of
Council who sit in the Court of Chancery, H.E. and the Members
of Council present had administered unto them the usual
taken by the Judges of that Court.
152 COLONIAL PAPERS.
1702.
Bill for Religious Worship, sent up, was read a second time.
Bill prohibiting horse-races on Saturday was- read and agreed
to pass, and sent down.
H.E. communicated H.M.'s leave for him to return to England
for recovery of his health. All the Council expressed their
concern for H.E.'s departure, under whose Government H.M.
subjects here have been so easy that they can never hope for a
better treatment from any other.
And see preceding abstract.
March 21. The Council presented an Address of Thanks and good Wishes
to H.E., who replied.
It having been resolved to propose to the Delegates to
amend the Act of Assembly for regulating the Militia, and this
Board finding by the message of the House that they conceive
themselves to be in a very good state of defence, and averse from
altering the Law, refer the said proposal to the next Assembly.
Bill prohibiting the abuses committed by wood-rangers read
at the Board and amended.
And see preceding abstract. [C.O. 5, 744. pp. 109-129.]
March 20. 223- William Popple to Doctor Newton, Advocate to the
Whitehall. Lord High Admiral. The Council of Trade and Plantations
having had information that How and Churchill, two persons
convicted here with Kidd, were arrived in Pennsylvania and
had there taken up severall sums of money which was formerly
buried in the woods, and are now much caressed by the people
of that Province ; their Lordships command me to desire you
to inform them, whether the said How and Churchill were
pardoned here, or by what other means thev came to have their
liberty. [C.O. 5, 1289. p. 389.]
March 20. 224. Council of Trade and Plantations to Governour Viscount
Whitehall. Cornbury. Whereas your Lordship is commissionated to take
upon you the command of the Militia of East and West New
Jersey and to be Vice-Admiral of the same, and those Colonies
having been and continuing to be without any settled Government,
your Lordship is to cause the High and Mighty Princess Anne
to be proclaimed Queen of England, Scotland, France and
Ireland, and of all the Dominions thereunto belonging, etc., in
the most solemn manner, and most proper places of these Colonies,
to the end there may be no failure there in the speedy acknowledg-
ing her Majesty's title and authority. And for your information
we further send you H.M. Declaration at her first sitting in her
Privy Council, H.M. Proclamation for continuing all officers, etc.,
the Address of the House of Lords to her Majesty, the Address
of the House of Commons to her Majesty, and her Majesty's
Speech to both Houses of Parliament. You are upon this
occasion to assure all her Majesty's subjects in those Colonies of
Her Majesty's especial care and Protection, and to exhort them
to do on their parts what is necessary for their security and
defence hi the present conjuncture. And you are to return a
speedy account of your proceedings herein. Signed, Stamford,
A.MKKH A \M) WKS'I INDIKS
; a
March L'O
Whitehall.
March 20.
Whitehall,
March 21
Doctors'
Commons.
March 21.
Whitehall.
I . \ington, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. Mem.
A l.-tter from the Ixmls of the Privy Council to the Lord Cornbury
of the same purport with this was herein enclosed. [C.O. 5, 1 1 10.
pp. 79, 80.]
225- Council of Trade and Plantations to Gov. Dudley.
I 'pon the Petition of Mr. John I'sher that we should recommend
to you the examination of the state of his accounts with the
Government of the Massachusets Bay, pursuant to the Order*
of Councill that have been formerly made upon that subject ; we
send you here enclosed a copy of his said Petition, as also of the
Order of Councill therein mentioned, dated the 12th of October,
1691 [see Cal.A. & W.I., 1691, No. 182j, and of a letter from the
Lords of the Councill to the Governour of that Colony dated
26 March 1694 [see Col. A. & W.I., 1094. \o. 985|. from all which
you will understand what has been required ami accordingly be
enabled to give us an account of your prooeedingB herein. Signed,
Stamford, Lexington, Wm. Blathwavt, John Pollexfen, Math.
Prior. [C.O. 5, 910. pp. 188, 189.]'
226- Journal of Council of Trade and Plantations. Letter
ordered to be writ to Mr. Dockwra to bring to the Board the
Surrender of the Proprietors of East New Jersey, and to Mr. Morris
to bring that of the Proprietors of West New Jersey, in order to
such further steps as may then seem expedient.
Ordered that a Representation be prepared to lay Ix-fore H.M.
such Acts of Barbadoes as have not yet l>een retried u|xm.
Letter to Col. Dudley, upon Mr. t'sher's jK-tition relating to
his accompts as Treasurer of the Massachusete Bay. signed.
Letter to the Lord Com bury signed. [C.O. 391, 14. pp. 362
363 ; and 391, 96. No. 49.]
227- Henry Newton to [? William Popple]. In answer to
the demand of the Lords Commissioners for Trade and Plantations,
March 20, I have perused the register of the Admiraltye, and
doe find that How and Churchill wen- convicted of piracy
May, 1701, and that the late King did by his warrant, '*
after, order them to be put in the next General Pardon, and
they should give bayle to plead the pardon on the 9th of July,
at the next General Sessions of the Admiralty.
were inserted in the general Newgate pardon, Aug. 28, but
not appear by the Register that the pardon was ever pleaded
them Signed, Hen. Newton. Endorsed, Reed.
March 24, 170$. \ p. [C.O. 5, 1261. No. 55; and 5, ]
pp. 390, 391.]
228 William Popple, jr., to the President and Council of
Barbados. Enclosing packet* to be forwarded to the Governoi
of the Leeward Islands and Jamaica, and to give notice
Council of Trade and Plantations in what manner you I
them. [C.O. 29, 7. p. 488.]
154
COLONIAL PAPERS.
1702.
March iM.
St. James's.
March 21.
St. James's.
March 21.
St. James's.
March 21,
229- Lords Proprietors of the Bahama Islands to the Council
of Trade and Plantations. We have dispatched the letter from
the Lords of the Council for proclaiming the Queen with all
necessary directions. Signed, J. Granville, Palatine; Berkeley,
Craven, "J. Granville for Lor Carteret, M. Ashley, Jo. Colleton.
Endorsed, Reed. 23rd. Read March 24, 170$. 1 p. [C.O. 5, 1261.
No. 56 ; and 5, 1289. p. 392 ; and 5, 289. p. 90.]
230- Lords Proprietors of Carolina to the Council of Trade
and Plantations. We have forwarded the letter of the Lords of
Council for proclaiming the Queen, with all necessary directions.
Signed, J. Granville, Palatine ; Craven, J. Granville for Lord
Carteret, M. Ashley, Jo. Colleton. Endorsed, Reed. 23rd. Read
March 24, 170$. "l p. [C.O. 5, 1261. No. 57 ; and 5, 1289.
p. 393 ; and 5, 289. p. 88.]
231. Lords Proprietors of Carolina to [? the Governor of
Carolina]. Enclosing Order of the Lords of H.M. Council [see
March 11], and giving directions accordingly. Signed, J. Granville,
Palatine ; J. Granville for Lord Carteret, M. Ashley. [C.O. 5,
289. p. 87.]
232. Lords Proprietors of the Bahama Islands to [? the
St. James's. Governor of the Bahamas] enclosing Order of the Lords of
Council [see March 11], and giving directions accordingly. Signed,
J. Granville, Palatine ; Berkeley, J. Granville for Lord Carteret,
M. Ashley. [C.O. 5, 289. p. 87.]
March 21. 233- William Popple to Mr. Dockwra and Mr. Morris.
Whitehall. The Council of Trade and Plantations understanding that the
Proprietors of East and West New Jersey have signed the
surrender prepared by Mr. Attorney Generall, and that it is in
your hands, they have commanded me to desire you to bring it
to them in order to such further steps as may then seem expedient.
[C.O. 5, 1289. p. 390.]
March 21. 234- William Popple, junr., to Josias Burchet. Enclosing
Whitehall, packetts, containing circular letters, etc., of March 11 and 20, to
be forwarded by the men of war now going to Virginia and
Barbados. [C.O. 324, 8. pp. 84, 85.]
March 21. 235. Wm. Popple, junr., to. the President and Council of the
Massachusetts Bay. Enclosing packets to be forwarded to
Bermuda, New Hampshire and Rhode Island. [C.O. 5, 910.
p. 190.]
March 21. 236. William Popple, junr., to Governor Nicholson.
Enclosing packets to be forwarded to the Governours of Maryland,
New York and New England. [C.O. 5, 1360. pp. 112, 113.]
March 21. 237. Governor Nicholson to the Council of Trade and
Plantations. I writ to your Lordships April 25 (? 23), but it
being by a single ship and in the winter, I enclose a duplicate.
burgh.
AMERICA AND WEST INDIES. i
1702.
I was in hopes to have had all the gentlemen of H.M. honourable
Council here on the 1 1th inst. Col. Byrd and Col. Harrison *****
their excuses. I hear that Col. Carter's Lady was brought to bed
about the same time. I suppose bad weather hindered Col. Scar-
borough and Col. Custis from coming over the Bay. I cannot
now expect a full meeting of the Council till our General Court.
I was also in hopes to have had Addn - l>..th from th- Militm
Officers and Justices of the several Counties, but it hath been of
late bad weather, both with winds and rain. I desire that your
Lordships will please to ffive directions about the Addresses.
By the next opportunity I hope I shall have the honor to send
your Lordships those from the rest of the County*, as likewise
one from the revd. the Clergy, which I have ordered to meet here
April 27, for they being to come from all parts of the Government,
could not well before, considering the season of the year. I enclose
proceedings of Council, March 1 1 and 12. H.M. honorable Council
and myself found it absolutely necessary to ap|>oint a Clark of
the Council ; but I acquainted the Council and tin- Clark that he
must not depend upon it till I have ivceived your Ird-hi|>'
commands therein. I have received a letter from Governor
Blakiston, who writes me that he intends to IK- here the latter
end of this moneth, wch. makes me forbear going thither, as I
designed, for fear of missing him. And I design, God willing, to
see next week the Militia of the Isle of Wight. Nanzemond. Norfolk,
Princess Ann and Elizabeth City County. And I am in hoj>es
to hear by Governor Blakiston of my Lord Corn bury *s arrival
at N. Yorke, or some later news than I have received from those
parts.
Not having received any commands from your Ix>rdhip. and
we finding no absolute necessity for the Assembly's meeting at
this unseasonable time of the year, we prorogued it to April 23,
the latter end of our General Court. I enclose an account of the
French Refugees. On the 5th and (5th inst. I was up at their
settlement, and gave the necessary directions concerning them,
and left the Surveyors laying out their whole Tract of land, as
likewise each man's particular lot. which I hope will IK- finished
to be laid before us at the next General Court. I begin now to
be in hopes of having the honor and good fortune of receiving
your Lordships' commands concerning what I writ and sent to
your Lordships by Col. Quary and Mr. Wright. I thank God
we are all in peace and quietness, and hope we shall so continue.
Signed, Fr. Nicholson. Endorsed, Reed. May 29. Read July 22,
1702. H large pp. Enclosed,
237. i. Loyal Address of the Governor and Council of Virginia
to the King. We do exceedingly resent the attempt
made upon our Religion, Laws and Liberties by the late
unaccom table action of the French King in owning and
declaring the pretended Prince of Wales to be King of
England, etc. Royal College of William and Man-,
March 12, 170$. Signed, Fr. Nicholson, E. Jenings,
J. Lightfoot, James Blair, Matthew Page. 1 p.
Endorsed as preceding.
156 COLONIAL PAPERS.
1702.
237. ii. Similar Loyal Address of the Justices of the Peace and
Officers of the Court for James City County, Virginia.
James City, March 27, 1702. Signed, Tho. Mountfortt,
Sherriff, C. C. Thacher, Clerk, Otho. Cobbs, Sub-Sheriff,
Joseph Mountfortt, Sub-Sheriff, Wm. Aylett, Dep. Clerk,
Philip Lightfoot, Hen. Duke, J. Harrison, Henry Soane,
J. Geddes, Phill. Ludwell, Michael Sherman, James Bray,
Tho. Cowles, Hugh Norvell, Wm. Edwards, John
Frayser. 1 p.
237. iii. Similar Loyal Address of the Militia Officers of James
City County. James City, March 27, 1702. Signed,
David Bray, Alex. Walker, jr., Wm. Hartwell, Joseph
Mountfortt, Rich. Wood, Hugh Norvell, William Browne,
jr., Benj. Goodrich, Wm. Broadribb, Fran. Dancij,
James Harrison, Ben. Eggleston, Lanslett Woodward,
Jos. Egglistone, Phil. Ludwell, Hen. Duke, Michael
Sherman, Tho. Cowles, Henry Duke, jr., Tho. Mount-
fortt, Jo. Geddes, John Frayser, Henry Soane, jr.,
Edward Ross, Edward Jaquelin. 1 p.
237. iv. Similar Address of the Justices and Officers, Military
and Civil, of Lancaster County, Va., March 5, 170|.
Signed, Military Officers : Robt. Carter, Col., Joseph
Ball, Lt.-Col., W. Lister, Major, Henry Fleet and William
Ball, Capts. of Horse, Tho. Pinckard, Capt. of Dragoons,
William Hoare, Capt. of Foot, Samuel Fox, Capt. of
Foot, Richard Ball, Capt. of Dragoons, James Ball and
Jno. Pinckard, Lieuts. of Horse, John Heale, Henry
Lawson, Lieuts. of Dragoons, John Hutchins, Tho.
Barker, jr., Lieuts. of Foot, Edwin Con way, Jos. Heale,
Cornets of Horse, Joseph Ball, Fawley Chinn, Ensign
of Foot, Geo. Harward, Cornett of Dragoons, John
Brown, Ensign of Foot. Justices of Peace : David Fox,
Joseph Ball, Henry Fleet, W. Lister, William Ball,
William Fox, Jn. Pinckard, Tho. Marrin, Richard Ball,
Tho. Pinckard, John Turbervile. Civil Officers : Tho.
Pinckard. John Turbervile. Civil Officers : J. Swann,
Sherriff, Richd. Chichester, Col., Joseph Tayloe, Clerk,
Fortunatus Sydner, Sub-Sheriff. 1 p.
237. v. Similar Adclress of the Magistrates and Officers, Civil
and Military, of Northumberland County. March 19,
170i. Lieuts., Cornets and Ensigns : John Cocherill,
Rich. Lattimore, Jno. Steplo, Jno. Hughlet, Joseph
Holt, Richd. Spann, Tho. Webb, Jno. Hobson, Wm.
Winder, John Laurence, Vincent Garner, Thomas
Downing, Tho. Hughlet, John Haynie, John Graham,
Tho. Shapleigh, Edmund Bascey, John Webb, Henry
Dowson, Richd. Hervey, Mauris Jones, Robert Carter,
Geo. Cooper, Lt. Col., Rodham Kenner, Major, Peter
Hack, Thomas Winder, Leonard Howson, John Howson,
Edward Sanders, Rich. Haynie and Christopher Neale,
Capts., Jno. Crabbe, Peter Prisley, Phillip Shapleigh.
Justices : George Cooper, Rodham Kenner, Peter Hack,
AMERICA AND WEST INDIES. 157
1702.
Thomas Winder, Leonard Howson, John Howson, Jno.
Harris, Christopher Neale, Jno. Crabbe, Peter Coutan-
ceau, James Waddy, Tho. Hobson, Clerk, John Farniefold,
Minister. 1 p.
237. vi. Similar Address of the Magistrate*, Officers and
Inhabitants of King and Queen County. ' We do
iitiiininiously resolve to the utmost of our capacities and
abilities to venter our lives and fortunes in defence of
Your Majesty's just right to this your great Colony and
Dominion." Signed, Wm. Leigh, Col., Richard Gregory,
Capt., Henry Fox, Tho. Paullin. Major, John Walker,
Capt., Wm. Bird, James Taylor, ('apt., Henry Madison,
Justices. William Jones, Capt., W. Claihorne, ('apt.,
John Leigh, Capt., Geo. Braxton, C'apt., Tho. West,
Capt., Tho. Pet tit, Capt., Tho. Spencer, Capt., John
Wyatt, Lieut., Robt. Bird. Lieut.. Rich. Wyatt, Lieut.,
Tho. Perry, Lt., Richard Roy, Lieut.. Liw. Orrill,
Lieut., Wm. Orrill, Lieut., Sam. Cradock, Lieut., Robt.
Parish, Lieut., James Wood, Lieut.. James Frrrgrson,
Lieut., John Fox, Lieut.. Rolx>rt Napier, Lieut.. William
Collins, Cornet, Daniel Miels. Comet. Tho. Dttson. Comet,
T. Walker, Cornet, Frances Griggs. Cornet. John Collier,
Ensign, John Giles, Ensign. Saml. Normcnt, William
l^icon, Cornet, Abraham Willson, Comet. John Sholl (?),
Ensign, John Richards, Comet. Francis Hill. Comet,
John Downer, Ensign. .John Waller, Sherriff. Tho. Withy,
Dep. Sheriff, John Pigg, Tho. ( 'lail>ornc. Richd .Johns,
John Dunkley, Samli Clayton. Wm. Roy. Samuel
Hinton, Robert Johns. Arthur Johns. 1 large p.
237. vii. Similar Address of the Magistrates and Militia Officers
of Surrey County. Signed, Tho. Iwinc. William Foster,
Wm. Lucus, Phillip Shelley. Will. Rose. Wm. Cocke,
Thomas Drew, Wm. Gray, Wm. Gray, Tho. Flood, Robt
Lancaster, Benja. Harrison, Wm. Browne, Tho. Holt,
Nath. Harrison. 1 p.
237. viii. Similar Address of the Magistrates and Militia
Officers of Elizabeth City County. Wm. Wilson,
Lt.-Col., Anthony Armistead, Major, Wm. Armictoftd,
Capt. Horse, George Waffe, Capt. Dragoons, Augustine
More, Capt. Foot, Henry Royal, Lt. of Horee, Robt.
Taylor, Lt. Dragoons, 'John Tabb, Lt. Foot,
Jenings, Cornet, Horee, Richard Street, Ensign. Dragoons,
John Cooper, Ensign, Foot, Coleman Brough. Sheriff,
Wm. Wilson, Anthony Armistead. Pasco Curie. William
Lowry, Augustine More, Walter Bayley, Nich. Curie.
237. ix. Similar Address of the Magistrates and Militia (
of Nansemond County. Signed, Geo. Norsworthy.
Swann, Luke Haveikf, Fra. Milner, Tho. Milner, Charles
Drury, Jno. Speire, William Hunter, Wm. Wright,
Hen. Jenkins, James Lockhart, Daniel Sullivan, John
Pitt, Jos. Wright, Edward Streeter, Thomas Drury, Jamea
Speire, Wm. King, Jonas Holladay, Nicholas Hunton,
158 COLONIAL PAPERS.
1702.
James Jossy, Michael King, William Speir, John
lies, Isaac Shephard, Jos. Meredeth, Henry Hill,
William Staples, Nicholas Stallings, Will. Drury, John
Drury, Hen. King. 1 p.
237. x. Similar Address of Governor and Council of Virginia.
Duplicate of i. I p.
237. xi. Similar Address of the Magistrates of Isle of Wight
County. March 10, 170$. Signed, Hen. Applewhaite,
Saml. Bridger, Tho. Giles, Antho. Holladay, Arthur Smith,
Hum. Marshall, Tho. Pittitt, Win. Bridger, Hen. Apple-
whaite, jr., Cha. Chapman, Clerk of the County Court. 1 p.
237. xii. Similar Address of the Militia Officers of Isle of Wight
County. Signed, Hum. Marshall, Ar. Smith, Win.
Bridger, John Davis, Jos. Bridger, James Webb, Jos.
Godwin, Hen. Applewaite, jr., Richd. Exum, Robt. Kea
(Capts.}. Richard Wilkisson, jr., Thomas Harris, Peter
Debury, Henry Pitt, Jno. Mackmiall, George Green, Wm.
Applewhite, John Brian, Arther Jones, Lieuts. Tho.
Clarke, Jno. Penny, Jno. Sojourner, Jeremiah Prockter,
Nicholas Smith, William Williames, Wm. Kinching,
George Williams, John Lawrence, Tho. Kardy, Cornets.
I p.
237. xiii. Similar Address of the Magistrates of Middlesex
County. Signed, [Sir] William Skipwith, Mat. Kemp,
Gawin Corbin, Francis Weekes, Henry Thacker, John
Smith, Harry Beverley, John Grymes, Tobias Mickle-
borough. 1 p.
237. xiv. Similar Address of Militia Officers of Warwick County.
Signed, Emanuel Wills, William Whitaker, jr., John
Bowcher, Miles Gary, Miles Gary, jr., William Gary,
Miles Wills, Tho. Charles, William Harwood, Cuthbert
Hubberd, Richard Whitaker, Elias Wills. 1 p.
237. xv. Similar Address of the Magistrates of Warwick County.
Signed, Miles Wills, Sherriff, Miles Gary, William Gary,
Tho. Merry, Tho. Charles, Matthew Jones, Thomas
Haynes. 1 p.
237. xvi. Similar Address of the Magistrates and Freeholders
of New Kent County. March 7, 170$. Signed,
J. Lightfoot, Col. of Foot, George Keeling, Capt., John
Lightfoot, jr., Capt., Richd. Baker, Lt. (his mark), James
Reves (?), Lt., Ed. Walton, Ensign, Wm. Bassett, Capt.
and Lt.-Col. of the Virginia Troop, Nicholas Meri wether,
Lt. Major, Henry Chiles, Lt., David Anderson, Lt.,
William Harman, Lt., John Breeding, Lt., William
Lacey, Cornet (his mark), Richard Allen, Cornet (his
mark), John Parke, jr., Cornet, Nicholas Meriwether,
Sheriff, Jo. Foster, Wm. Bassett, John Lyddall, James
Mosse, John Stanup, Tho. Smith, George Keeling,
Henry Chiles, Justices. Geo. Clough, Clerk, W. Clopton,
Sub. Sher., James Matthew (?) Sub. Sher. 1 p.
237. xvii. Similar Address of the Militia Officers of Middlesex
County. Signed, Gawin Corbin, Col., John Grymes,
AMERICA AND WEST INDIES. 159
1702.
Capt., George Wortham, Lt. t Wm. Killber, Cornet,
Tobias Micklcborough, Capt., Tho. Blaky, Lt., John
Vivian, Ensign, John Smith, Cant., John Pace, Lt., John
Hipkings, Ensign, Robt. Daniel), Capt., William Malinea,
Lt., Matthew Parry, Ensign, Henry Pcrrott, Capt.,
Thomas Wood, Lt., William Jones, Ensign. 1 p.
237. xviii. Similar Address of the Magistral*** and Militia
Officers of Gloucester County. March 10, 170 J. Signed,
Richard Baylev, Will. Bernard, Jn. Bayler, George
Seaton, Jno. Sterling, llio. Sanders, Thomas Poole,
John Waters, Simon Stubblefield, George Stubblcfield,
Chr. Dicken, jr., Will. Robins, Tho. Browne, Kami.
Mathews, John Degge, Simon Degge, Abraham
Judson, Rob. Nettler, Thomas Sanders, John Smith,
Phillip Hunley, James Morris, Rich. Dudley, Matthew
Page, James Ransone, Peter Beverlcv. Mord. Cooke,
John Gwj-n, Thomas Todd, Conqt. Wyatt, Ambrose
Dudley, Anthony Gregory, Will. Smith, Win. Black-
burne, Thomas Buckner, Peter Kemp, Gabriell Throek-
morton, Da. Alexander, Richard Booker, Wm. Debnam.
1 large p.
237. xix. Similar Address of the Militia Oflicers of York County.
Signed, Wm. Barbar, Peter Manson. Will. Batt,
William (?) Watkin, Robert Gondwyn. Robert Kerby,
James Archer, Bar. WagstaiT, Phill. Moody. Anthony
Robinson, John Wythe, Peeter Starker (?). Wm. Timson,
Law. Smith, Tho. Chisman. jr., Charles Hansford, Daniel]
Taylor, Tho. Nutting, E. Jening*. Tho. Mallard, Wm.
Buckner. 1 p.
237. xx. Similar Address of the Magistrates and Grand
of Charles City County, (irantl Jury : John Cocke,
Anthony Wyatt, Robt.' New, Thomas Jackson. George
Pasmoore, James Harrison. Randall Madax, Rogrr Rest,
David Gudgam, Jno. Wickett, Jno. Daniel, Thomas
Daniell, James Gabeker, Tho. Woodham. Robt. Harwood,
Jno. Hunt, Tho. Anderson, James (hum. Danl. Higdon,
Jno. Baxter. Jiw/iVe* : Rieh. Bland, ('has. Goodrich,
Daniel Lewellin, Robt. Boiling. Littlebury Epes. (ko.
Blighton, Jno. Hardiman. Joshua Wynne, Richd.
Bradford. Sheriff : Micajah I^owe. 1 p.
237. xxi. Similar Address of the Militia Officers of diaries
County. Tho. Simmons, Adam Tapley, Peter Poythre*,
Anthony Wyatt, Jno. Epes, Fra. Epes, Jno. Limbreij,
Joshua "Wynne, Micajah Ix>we, Jno. Hamlin. Jno. I
Jno. Reeker, jr., Thomas Harrison, Jno. Poythm^Jnq
Poythres, Richd. Hamlin, Jno. Baxton, William Byrd,
Edwd. Hill, Char. Goodrich, Littlebury Epes, Oeo.
Blighton, Richd. Bradford, John Taylor, Peter JoOM,
Richd. Reeker, James Thweatt (?). 1 p.
237. xxii. Similar Address of the Magistrates and
Officers of Henrico County. Signed, J/i//"i
William Bvrd, William Randolph, Peter Field, Fran. Epe,
160
COLONIAL PAPERS.
1702.
March 21.
Will. Farrar, Tho. Cocke, John Worsham, Giles
Webb, Jos. Royal], John Boiling, Seth Ward, Geo.
Worsham, Ph. Jones, Wm. Cocke, John Cox, Richd.
Cocke., jr, Tho. Jefferson, Tho. Branch, John Worsham, jr.,
A. Childers, Fran. Epes, jr., Abra. Womak, Wm. Black-
man. Justices of the Peace : Richard Cocke, Wm.
Randolph, Fran. Epes, Wm. Farrar, Tho. Cocke, John
Worsham, Giles Webb, Jos. Roy all, John Boiling. 1 p.
237. xxiii. Memorandum of Minutes of Council of Virginia,
March fl, 12, 170J. t P-
237. xxiv. (a) Copy of Proclamation for impressing some sea-
men. Signed., Fr. Nicholson. March 14, 170|. 1 p.
237. xxiv. (6) Copy of Proclamation proroguing the Assembly
of Virginia till April 23, 170|. Signed, Fr. Nicholson.
March 18, 170i. 1 p.
237. xxv. List of the French Refugees established at
Manakin Town. March 6, 170. 206 men, women and
children. Endorsed, Reed. May 29, Read July 22,
1702. 2| pp. [C.O. 5, 1312. Nos. 27, 27.i.-xxv. ; and
(ivithout enclosures) 5, 1360. pp. 213-217.]
238. Duplicate of above letter, enclosing,
238. i. Another copy of above letter.
238. ii. List of enclosures. | p.
238. iii. List of Addresses given above. 1 p.
238. iv. Copy of Minutes of Council of Virginia, March 11,
12. 170-1. 7 pp.
238. v. Duplicate of preceding. 7 pp.
238. vi. Duplicate of No. 237. xxiv. 2 pp.
238. vii. Another Copy of Proclamation by Governor
Nicholson, March 18, 170|, proroguing the Assembly
till April 23.
238. viii. Duplicate of No. 237. xxv.
238. ix. Duplicate of No. 237. xxv. [C.O. 5, 1339. Nos. 5,
March 21.
Whitehall.
March 21. 239. Governor Nicholson to [? the Earl of Manchester].
Williams- Refers to letter of Feb. 25 and duplicates enclosed. Signed,
Fr. Nicholson. 1 p. Enclosed,,
239. i. Duplicate of above.
239. ii. List of Addresses to the King given above, Nos. 237.
i.-xxii. 1 p. [C.O. 5, 1339. Nos. 6, 6.i., ii.]
240. William Popple, jr., to Governor Lord Cornbury.
Enclosing a packet for the Government of Connecticut concerning
the Proclaiming of her Majesty. [C.O. 5, 1119. p. 81.]
March 21. 241. Minutes of Council of New York. Opposition having
been made by James Mott and Henry Disbrow to the passing of
Letters Patents to Col. Caleb Heathcote (see March 18, etc.) for
the manor of Scarsdale, all three were fully heard yesterday,
when the Governor and Council recommended them to go
together and agree their differences. They now appeared before
the Board and produced an agreement signed by the said parties
AMERICA AND WEST INDIES.
161
1702.
[quoted]. Ordered that the Solicitor General prepare a draft
of Letters Patents accordingly, the quit-rent 61. per annum.
Petition of Jacob Balck read, and the petitioner having taken
the oaths before this Board on the 19th, and produced a
certificate from the Minister of the Dutch Congregation in this
City of his being a Protestant, it is hereby ordered that the Clerk
of the Council do prepare a certificate thereof, and that the flail
of the Province be affixed thereto as desired. [C.O. 5, 11 S4.
pp. 634, 635. J
March 23. 242- Journal of House of Delegate! of Maryland. Petition
of Daniel Toads of Kent County, praying an Act for sale of Mr.
Nicholas Milburne's lands for payment of his debts, read.
Resolved that forasmuch as the executors of Milburn have no
notice of this petition, it be referred till next Sessions.
Moved that, whereas the foundation of the prison intended to
be built is placed on low ground, w[h]e[r]e commonly there is
settling of water, which may prove prejudicial, therefore pro-
posed that some more convenient place be appointed. Committee
appointed to consult about new site.
Message sent down with a paragraph of Dr. Bray's letter. The
consideration thereof referred to a full house.
Petition of Daniel Cannin praying an allowance for repairing
the pasture fence read and referred.
Engrossed Bill for Religious Worship sent up.
Committee appointed to go to the Secretary's Office and inspect
the old records of land, and report to the House in what condition
they are, and if it be necessary any of them be transcribed anew.
They reported that it is absolutely necessary that some of them
be, and other books to be new bound, being now old and much
worn. Consideration whereof is further referred.
Engrossed Bill for Religious Worship and Bill for naturalization
of Hermanus Schee, Isaac Vanbebbcr, Mathias Vanbcbber, James
Broward and three sons, Dennis Collickman and Sebastian Oley,
sent down. The fees of the latter settled.
Bill prohibiting abuses of wood-rangers, sent down.
Bill for payment of rente of orphans' lands, sent down, was
read the first time.
Bills for prohibiting horse-racing on Saturdays, for relief of
Kent and Calvert Counties, prohibiting abuses of woodrangw,
confirming Mann's testament, and for naturalisation of Hermann
Schee etc. engrossed and sent up.
March 24. 501. voted to reimburse Dr. Bray for eJjMMps in negotiating
the affaire about the Act for Religious Worship.
Col. Edward Lloyd's account for cleaning of arms in Talbot
County ordered to be paid.
Major William Dent's account for cleaning of arms in Charle
County ordered to be paid.
The Bills sent up yesterday were returned.
The Committee of Election reported that Charles Greenlx
and Lawrence Draper are duly elected for Ann Arundell
They were sworn accordingly. Bnpind (MMMM coniradtcaii),
7 11
162 COLONIAL PAPERS.
1702.
that a present of 400/. sterl. be made to H.E. for his signal services
done to this Province.
Answer to H.E.'s speech, relating to the affairs of New York,
sent up : " The subject has been seriously debated and con-
sidered and our loyalty and duty to H.M. having carried us on
through all other difficulties and obstructions, we have resolved
on a supply of money to the utmost degree of what we have or
can by any ways or means attain to, which with trouble of mind
we are forced to acknowledge will not amount to above 300/.,
which altho' it be not the whole sum mentioned, yet it is all we
have or can get, and by which we are constrained to leave some
just debts of the publick unpaid and ourselves in a weak state
of defence against our common enemy the Indians, who are daily
annoying our frontiers. And because we have great reason to
believe that our neighbours of New York have not used us fairly
in representing our condition to H.M. otherwise than what it
really is, and are well assured that it will be much for H.M. service
to apply the money and all the strength we are able to exert to
the defence of this H.M. Province of Maryland, in as great or
greater danger than New York, and not to them who are much
abler to defend themselves than we, and from whose fortifications
or other strength we can have no manner of safety or security,
we beseech your Excellency plainly and sincerely to represent the
truth of our condition to H.M., imploring H.M. grace and favour
to make good these assertions, which are plaine matter of fact
and undoubted truths. (1) That the Indians of New York have
as easy and open access to us as to them, who being a light,
flying, wild, barbarous kind of enemy are not obliged by the
carrying of any baggage or artillery to keep the improved roads
or pass by our forts, but can easily and suddainly descend upon
us over the unbeaten and unoccupied mountains, as we have
found by experience. (2) We have several Nations of Indians
on our Frontiers, some between us and New York, and some
to the Westward of us and wide of New York, and some among
us who are frequently committing rapines and murders on our
frontier inhabitants, to secure whom as well as the Province in
general, this Province has within this three years been at the
charge of many hundred thousand pounds of tobacco, and tho' we
have for this last three or four months been quiet by the winter
season, we are in great fears of new incursions in the Spring,
having no assurance of their faithfulness to us. (3) We have no
meanes of raising money but by imposition of goods exported and
imported, of which commodities as exportation of tobacco is
twenty times more than all the rest, and in laying anything upon
that, we are constrained to be very tender by occasion of the duty
payable on the same in England, and the commission that is
thereby advanced to the merchant to whom the same is consigned
for sale. (4) To raise money by tax on the inhabitants is utterly
impracticable here, for there's several hundred families, nay the
greatest part of the whole Province, have not five shillings by
them, nor any meanes to raise it, because there is very little amongst
us, and that a bar-coin that is not currant with our neighbours,
AMERICA AND WEST INDIES. i ;
1702.
nor have any liberty yet from H.M. to advance coin HO an to
introduce it among us, by means whereof the bent in the Province
are sometimes put to a strait to procure money for their
travelling pocket expenses. (5) This Province has several time*
heretofore been reduced to very great extremity and danger by
those very Nations on our backs to the impoverishing and *'nfrt
destruction of the men and substance of this Province, which
we always sustained without any assistance from New York, or
any other neighbour Government, except Virginia, who was
equally concerned in the same at some times. (6) The great
charge we have lately been at in raining money to build a Stadt
House, free school, church and prison on a new seat of government
at Annapolis hath put on us another great burthen, which is not
yet discharged. (7) That it may be considered how far the
money will compass the designed end, and when all our neighbours
(under better circumstances than we) has not answered their
proportion, and how discouraging it will bo to us to remit our
treasure and strength to New York, and lay our nakedness and
defenceless condition open to our enemy, whilst our neighbours
retain their strength for their own defence, and which we believe is
the best service to H.M. (8) Let it be considered that 2,000/V of
tobacco per year is, one with another, what every labourer makes
in this Province, and that none but labourers or the best of this
Province, can be sent to make up the quota of men demanded,
and it will easily be found, considering the inability to us of
raising money, and the duty tobacco pays at home, that the
maintaining the quota of men mentioned will ruin this Province
in one yearc, and lessen H.M. Revenue more than double the
sum that we pay besides the danger of this Province of Inking
overrun and destroyed by the salvages in the meantime. And
that H.M., on consideration thereof, and his gracious regard for
our safety will be pleas'd to exempt us from that or any other
contribution to New York, and direct that the said money, or
what other strength we can raise may be applied to the defence
of this Province of Maryland, against the incursions of H.M.
and our enemies, that so we may in comfort and quiet apply
ourselves to our manufacture of tobacco for our own support and
increase of H.M. revenue.
Bill engrossed prohibiting horse-racing on Saturdays, and Bill
for preservation of orphans' estates, read a first and second time,
were sent up. The latter was returned with concurrence.
Petition of John Price, a seaman, for allowance, rejected.
Accounts of John Bateman and Micajah Perry, not being
signed or proved, was rejected.
Petition of Christopher Goodhand of Kent Island read, and
referred till next Sessions.
Petition of Daniel Cannin, gate-keeper, relating to the repairs
of the town-fence was again read. Resolved, that the fence be
repaired.
Petition of Gerrard Slye of St. Mary's County, merchant, for
an allowance for a house burnt in service in the time of the
Revolution, rejected.
164 COLONIAL PAPERS.
1702.
On two other petitions he was referred for redress to the Common
Law.
Books of the Land Records that are much worn and damnified
ordered to be brought into the House for their perusal. Resolved
that such books, or some part thereof, as are most worn be forthwith
transcribed and others wanting may be anew bound with good
covers, if to be had or made, which William Taylard undertook to do.
March 25. Paragraph of a letter from the Council of Trade, Sept. 4, 1701,
read. " We wonder the Assembly should not think fit to
constitute an Agent for soliciting their affairs here. There are
many occasions, tho' not at our Board, in which business cannot
be done without some charge, and great inconveniences have
often risen by the delay of reports upon some Laws and otherwise,
all of which will grow worse and worse, if some fit person be not
appointed to look after such-like matters." The Council sent
down a message therewith : " In regard H.E. our present
Governor is intended now shortly for England, of whose provident
care we have all possible assurance, and is willing to take that
trouble upon him, proposing for one year's time to bestow his
application therein gratis, for the good will he has for the country,
and afterwards at the rate of 1201. sterl. per annum, or if you
shall think that too much, upon such terms as you yourselves
shall judge fit, and to continue in such Agency until the
Assembly shall by their letter signify that they have no longer
occasion for to make use of him, we desire you to consider
of what advantage H.E.'s good application may be to us, and
accept of the said offer."
Governor Blakiston's letter to above effect read. Message
sent up accepting his offer.
Bill for orphans' estates sent up.
Bill for apportioning the publick levy read the first and second
time and sent up.
An Address to H.M., signed by H.E. and Council, was concurred
with and signed by the Assembly.
Petition of Dr. Moore, for a rebate upon imported negroes dead
etc., rejected.
John Borman, Member for Somerset County, entered this House
and shewed that by means of the badness of winds and weather
he could not give his sooner attendance.
Bill for apportioning the public levy, sent down, was engrossed,
and sent up. It was sent down agreed to.
The Committee reported that the place intended for building
the new prison is very ill-convenient, and advise that a place
nere it, on a more rising ground, is very convenient. Ordered
that it be built there.
Journal of Public Accounts, brought in, assented to by H.E.
and Council. 41. sterl. allowed Edward Topp, a Minister, for
attending the Council this Sessions.
Peter Dent was sworn a Member for Somerset County.
The Assembly attending, H.E. gave his assent to the several
Bills made this Sessions, and sealed them. He then prorogued
the Assembly till April 28. [C.O. 5, 744. pp. 266-286.]
AMERICA AND WEST INDIES. i- ,
1702.
March 23. 243. Minutes of Council in Assembly of Maryland. Letter
of the Rev. Dr. Thomas Brav about the Law of Religion, July 10
1701, read, and recommended to the Delegates.
The arms last sent in from Mr. Tryon were liked of. Ordered
that 100/. worth yearly of such arms be sent for with 20 barreb
of powder.
Bill prohibiting horse-races and the abuses of wood-rangers read.
agreed to and sent down.
Bill for the establishment of Religious Worship read the third
time, readily past, and sent down.
And see preceding abstract.
March 24. See preceding abstract.
March 25. Bill for securing orphans' estates passed and sent down.
Bill for apportioning the public levy read twice and sent down.
It was returned and assented to.
Several Acts passed this Session were assented to by H.E.
The Assembly was prorogued until April 28.
And see preceding abstract. [C.O. 5, 744. pp. 129-147.]
March 24. 244. Council of Trade and Plantations to Governor
Whitehall. Codrington. Acknowledge letters of July 18, Aug. 18, 20, 25
and Nov. 10. What you write in the last relating to one General
Agent for all the Islands under your Government is a thing very
desirable, and we would have you to persist in your endeavours
to get one appointed accordingly, for the * applications of
different persons, as from different authorities, about busineaa
which ought to be all reduced under your direction doe but perplex
affairs. We doubt not but the Agent for Nevis will have
transmitted thither some time since the Orders of Council con-
firming several of their Acts. However, we think good to
acquaint you particularly with the whole proceedings relating
to these Acts, and enclose a copy of our Representation of
Sept. 3 and Order of Council, Sept/16, for repealing the Act for
the better securing the Islands etc., the reason of which repeal you
will find in our Representation, and may thereupon use your
endeavours to get another Act passed to the like effect, which
may not be liable to those objections. We send another Order
of Council, Sept. 16, confirming the Acts therein mentioned,
and whereas the Act to encourage the. late disbanded soldiers to
remain on the Island etc. is not comprehended in that order, by
reason of some doubts suggested to the Lords Justices, upon
which they referred it back again to our consideration, we
afterwards made a second report upon that single Act, and you
have the confirmation of it in the enclosed Order of Council
Nov. 20. We also enclose our Representation Nov. 20, and
Order of Council Dec. 21 for repealing two Acts of Nevis, for
securing titles of land, and regulating the Militia, the reasons of
which repeal you will also understand by our Representation,
and may thereby guide yourself in passing other more proper
Acts for those purposes. We have some Acts of Antigua oof on*
us, which we shall consider in due time. We have received the
Act passed in St. Christopher's, for strengthening H.M. part of
1G6 COLONIAL PAPERS.
1702.
that Island, which you mention Nov. 10, but have deferred to
consider it because of a petition that it may not be confirmed,
of which we send you here inclosed a copy, that you may inform
us fully of the reasons which induced you to pass it, and which
may obviate the particular objections that you may conceive
likely to be raised against it.
Mr. Mead, who is one of those Petitioners, has also given us the
titles and dates of two other Acts past by you at St. Christophers,
which we do not find have been transmitted to us, vizt., An Act
for raising a Levy to defray the publick charges, Jan. 14, 1700, and
An Act for repairing H.M. Fortifications and other necessary works
for the security of that Island, April 17, 1701. This is imputed
to you as a neglect, and if it be so, we must require you to be very
cautious that you fall no more into the like fault, but that for the
future you take better care in transmitting all Acts of the
Assemblies under your Government according to your Instructions.
Enclose Orders relating to the complaints of Mr. Freeman, Mead
and others.
There was also referred to our consideration a petition in the
name of Capt. Norton, complaining of your proceedings against
him, but as your conduct in that matter has already been
approved of and confirmed, his Agents thought fit to decline the
prosecution thereof, and declared their acquiescence in what has
been done.
The other complainants, Mr. Freeman and Mr. Mead etc.,
have not been satisfied with the King's Orders on our Reports,
but have petitioned the House of Commons for redress, and the
matter is now before them, for an account of which we refer you
to your friends and correspondents, who take particular care of
it. But upon the whole, as these matters have occasioned much
speech and great reflection upon your conduct, which whatever
may be the consequence cannot for the present but be very
disagreeable to you, we think it our part upon this occasion to
to admonish you to be very careful for the future in preserving
such deliberation and caution in all your proceedings as may
prevent your falling into any irregularities whatsoever, and this
not only upon account of the inconveniences, which may ensue
to yourself, but also of the obstructions and other prejudice which
may from thence arise in the course of H.M. service committed
to your care. We observe what you write in your letter of Nov.
10 about judicature, and shall be very glad to receive the
observations you promise us upon the pamphlet called Plantation
Justice. In the meantime, as to your acting as Chancellor, you
are in the right to understand yourself authorized to do it by the
custody of the Great Seal of those Islands. Whosoever is
entrusted with the Seal ought undoubtedly to perform the office
belonging to the Seal ; and your Instructions do also further
direct you to hear and determine Appeals, which is the same
authority that is given to all H.M. Governors in his other
Plantations. But tho' it has been alledged to us in vindication of
your conduct upon occasion of the foresaid complaints, that
some former Governors of the Leeward Islands have sometimes
AMERICA AND WEST INDIES.
1702.
sat upon the Bench, with the ordinary Judges in hearing cauaee,
we cannot but declare to you that the practice Appears to us very
irregular, and that it is altogether unfit that the MOM person
should either sit as Judge or otherwise appear upon the Bench
in hearing any cause in the first instance, which may afterward*
oome before him by way of Appeal.
As to the place of Secretary of those Islands, your Agent ought
properly to have petitioned H.M. therein, and then if the matter
had come to us by reference, our report upon it would have had
due weight ; but as it happened, the place was obtained by another
person without our having the least knowledge of it till after the
thing was done. We are very well pleased with the zeal you
express upon all occasions for H.M. service, and particularly for
the defence of St. Christophers, where you apprehend may be the
first danger in case of a war ; and we have laid before H.M. very
particularly the account you have given us of the state of defence
of those Islands, and the stores of war and men wanted for the
security thereof, upon which, as any directions shall be given, we
will take care to inform you. Refer to the exchange, of firelocks
for Nevis.
Whilst we were thus far advanced in preparing this letter,
we have received another from you, Dec. 30, and the Act* you
mention, which we shall consider in due time. Your endeavours
to promote an Act for the uniformity of Justice throughout all
the Islands under your Government are very well employed,
and you will do well to persist therein. The account you give
us of the murder of Mr. Martin at Antego is very unhappy. As
the occasion seems probably to have been some extraordinary
severity towards his negroes, we are the more sensible of the
expediency of a law for restraining inhumane severity, not only
towards Christian servants, but slaves, which you are directed
by your Instructions to endeavour to procure, and we therefore
recommend it particularly to your care. And as for the ill con-
dition which the inhabitants of that Island appeared to be in upon
that occasion, with relation to their defence in case of any attack
by an enemy, we shall make use of that also in proper opportunity
to strengthen what we have already represented about arm*
necessary for the security of the Islands under your Government.
Signed, Stamford, Lexington, Robt. Cecil, Ph. Meadows, John
Pollexfen, Mat. Prior. [C.O. 153, 7. pp. 425-435.]
245. William Popple to Henry Newton. The Council of
Trade and Plantations have commanded me to trouble you ones
more upon occasion of How and Churchill, in desireing you t
inform them, whether, in case the said How and
not plead the general New Gate Pardon, (tho' their names were
incerted) it be valid to them. [C.O. 5, 1289. p. 394.J
March 24 246- Governor Blakiston to the Council of Trade and
Maryland. Plantations. Since my last of Dec. 10, I have received yot
Auc. 14 and 20 and Sept. 4. I cannot at praM* Mfc > t
answer to them as I ought, being obliged to consult the CounciJ
March 24.
Whitehall.
168 COLONIAL PAPERS.
1702.
upon many of the paragraphs, and some the Assembly,
particularly that about an Agent. The Assembly is now siting ;
their first meeting was on Tuesday last. I find they have
assented to the Law of Religion in the manner it was sent by
your Lordships, but it is not yet returned to the Council. I
have laboured what I can to be prevalent with the General
Assembly to comply with H.M. letter concerning our proportion
of money to be paid to New York. I am not without hopes
but they will doe something becoming them in it, and not wholly
reject it, as it has been done by our adjacent neighbours. The
occasion of my giving your Lordships this trouble is by your
instructions that whatever affairs I had to transmit to the
Secretary of State, to send you copies thereof. The reason of
my sending them away before the Assembly had done is because
I am doubtful it may be some months before another ship may
sail from hence, for the ships that are here are very desirous to
have some advice from England before they will venture, and if
a war, they are in hopes of a convoy. Signed, N. Blakiston.
Endorsed, Reed. June 11, Read July 22, 1702. Holograph. 1 p.
Enclosed,
246. i. Governor Blakiston to Mr. Secretary Vernon.
Maryland, March 24, 170|. Enclosing the following
Address to be laid before His Majesty. Signed, N.
Blakiston. Endorsed as preceding. Copy. 1 p.
246. ii. Copy of the Humble and Loyal Address of the
Governor, Council and General Assembly of Maryland
to the King. Maryland, March 24, 170|. We your
Majesty's most dutiful and loyal subjects being met
together and having a deep sense of the inestimable
blessings and benefits we have enjoyed (next under
Almighty God) from your Majesty's great and glorious
achievements, though attended with so many hazards
of your Royal Person, so often exposed at the head of
your armys for the defence and preservation of our
Libertys and Propertys, And having seen Addresses
from most of your Countys and Citys of England upon
the occasion of the French King's (contrary to his Faith
and Solemn Treatys) proclaiming the pretended Prince
of Wales King of your Majesty's Realm of England and
your Dominions thereto belonging, which your Majesty
has been pleased graciously to accept, we are thereby
emboldened to hope our remoteness will not exclude us
from the tender of our most ardent wishes for your most
sacred person, and to declare how utterly we abhor
and detest the unjust proceeding of the said French
King, and at the same time to assure your Majesty,
that although we are but a very small part, yet we hope
in our several stations to give the utmost proofs of our
most loyal affections etc. Signed by the Governor,
Council and Assemblymen. Same endorsement. Copy.
1 p. [0.0. 5, 715. Nos. 50, 50.i., ii. ; and (without
enclosures) 5, 726. pp. 129, 130.]
AMERICA AND WEST INDIES.
I- <
1702.
March 24. 247. Council of Trade and Plantation* to the Earl of
Whitehall. Manchester. We enclose an estimate of the charge of Stores of
War proposed by our Representation, Jan. 24. P.8. We have
just now received letters from Virginia, by which we find there
is wanting a greater quantity of arms etc., of which we shall
speedily send your Lordship an account. 8igmt t Stamford,
Lexington, Robt. Cecil, Ph. Meadows, Wm. Blathwayt, John
Pollexfen. [C.O. 324, 8. p. 85.]
[? Mar. 24.] 248. Col. Dudley to the Council of Trade and Plantations.
Praying for allowance for freight for his equipage to his
Government, as is usually done, upon certain vessels released from
the present embargo to proceed to New England. No xignnture
or date. Endorsed, Reed. Read March 24, 170|. Holograph.
1 p. [C.O. 6, 862. No. 104.]
March 24. 249. Journal of Council of Trade and Plantations. Copy
Whitehall, of the estimate of Ordnance for the Plantations, received from
the Board of Ordnance, ordered to be sent to the Earl of Man-
chester.
Letter to Col. Codrington signed.
Letter from Dr. Newton, March 21, read. Secretary ordered
to write to him again. [See March 24.)
Memorial from Col. Dudley, praying that he may have the
usual allowance of tonnage, for the transportation of his
equipage to New England, gran UK! him, being read, ordered
that he be acquainted that it is already done by H.M. Order in
Council of Juno 28 last.
Order of Council, March 18, referring to the consideration of
the Board a Memorial from Col. Dudley, read.
Letters from the Lords Proprietors of the Bahama Islands and
the Lords Proprietors of Carolina, read.
March 25. Ordered that Col. Dudley be desired to attend on Friday.
Two letters from Governor Blackiston, Oct. 30 and Dec. 10, 1701,
read, and the papers enclosed laid before the Board.
Letter to the Earl of Manchester signed.
Three boxes of papers lately received from Governor Nicholson,
dated Dec. 2, 1701, were laid before the Board, and part of the
first letter was read. Upon consideration of the paragraph
relating to the Militia and to the want of arms, ordered that a
Representation be prepared. [C.O. 391, 14. pp. 364-383;
and 391, 96. Nos. 51, 62.]
March 25.
250. Hen. Newton to [? Wm. Popple]. In reply to letter of
24th I have again looked into his late Majesty's pardon, i
which churchuT and How are inserted, and doe find
pardon is general and absolute without any condition or limitatK
so that it may be pleaded by them at any time, but they having
given bail to plead H.M. pardon according to the warrai
granted in that behalf at the next General tJBMinni
Admiralty, if they doe not then appear, the recognizance wiL
forfeited. There has been no General Sessions of the Admiralty
170 COLONIAL PAPERS.
1702.
since the last Newgate pardon. Signed, Hen. Newton. Endorsed,
Reed. Read March 26, 1702. f p. [C.O. 5, 1261. No. 58 ; and
5, 1289. pp. 394, 395.]
March 25. 251. Col. Dudley to Mr. Popple. Praying him to lay before
the Board his requests for freight, cannon and a Company from
New York for New England with despatch. Signed, J. Dudley,
Endorsed, Reed. Read March 25, 1702. Addressed. Sealed.
Holograph. 1 p. [C.O. 5, 862. No. 105.]
March 26. 252. Council of Trade and Plantations to the Earl of
Manchester. Having upon letters from Coll. Nicholson made a
further representation relating to the want of such arms etc. in
Virginia as we conceive most necessary at present, we desire
your Lordship to take the first opportunity to lay it before Her
Majesty. Signed, Stamford, Robt. Cecil, Ph. Meadows, Wm.
Blathwayt, John Pollexfen. Annexed,
252. i. Council of Trade and Plantations to the Queen. Since
our Report of the 24th January last, relating to the state
of defence of your Majesty's Plantations in America,
we have received letters from Coll. Nicholson, your
Majesty's Governor of Virginia, wherein he gives us an
account, that upon a late review of the Militia there,
he found them in a very ill condition with relation to
arms and stores of war necessary for their defence ;
the particulars whereof are as follows :
The Horse consisting of . . . . 2,143 1 , ,OQ
And the Dragoons consisting of . . 1,985 I '
There are wanting for them 3,000 case of pistolls, and
3,500 carabines ;
The Foot consisting of 4,971 men, there are wanting
for them 500 firelocks, and for the whole, Horse,
Dragoons and Foot, 5,000 swords, besides powder and
ball, which particulars the country ought to provide at
their own charge.
But in regard of the great importance of that Colony
to your Majesty's Revenue and to the Trade of this
Kingdom, and in consideration of the present conjuncture,
and that such arms and stores cannot be provided in
America, we humbly offer that your Majesty be pleased
to order such a quantity of arms to be sent to the
Governor ; and that he be directed to require the
Assembly to reimburse the same, and not otherwise to
deliver any of them out, but upon absolute necessity.
And whereas the Assembly have raised 420 pounds
sterling for defraying the charge of taking a Pirate ship
in April, 1700, which was an eminent and extraordinary
service, we humbly represent that your Maj. be pleased
to gratify them in allowing the deduction of that summe
out of the reimbursement they are to be required to
make as aforesaid, as also that 100 barrills of powder
and ball for small arms proportionable be sent, to
AND WEST INDIES. 171
1702.
remain in the stores, and to be delivered out as the
Governor shall see occasion ; and that the Governor
take due care that the persons to whom anv of the Hid
arms and ammunition shall be delivered for their
ordinary use and security, be so accountable, that
the same may not be embezled or lost. And we
further humbly offer that it would very much conduce
to yr. Maj*" 1 service, if a Store-Keeper were sent to
this Colony (as well as to others) who may be
accountable for such arms and ammunition as your
Maj. shall think fitt to send from time to time. And
having further had an account from Captain Powell,
Commander of the Soldiers at Newfoundland, that half
of the arms there are not fit for service, we are humbly
of opinion, that 100 firelocks be sent by the first ships
going thither, and consigned to the Store- Keeper there
with 10 barrills of powder or ball proportionable for
the use of the soldiers, besides what the officers of yr.
Maj 1 "- Ordnance shall judge requisite for the cannon
and mortars there. Signed, Stamford, Rob. Cecill,
Ph. Meadows, Wm. Blathwayt, John Pollexfen. [C.O. 5,
1360. pp. 129-131 ; and (enclosed Representation only)
5, 1335. pp. 1-3.]
March 26. 253. Order of Queen in Council. Approving of the Repre-
Whitehall. sentation of March 17, concerning Newfoundland. H.M. in Council
having been thereupon pleased to order the particular services
therein proposed to be forthwith directed by the respective
Offices, H.M. is further pleased to order that the Lords Com-
missioners of Trade and Plantations do prepare a draught of
Instructions to be given by the Lord High Admiral to the
Commander of the Convoy accordingly. Signed, John Povey.
Endorsed, Reed. March 31, Read April 21, 1702. 4 pp.
Annexed,
253. i., ii., iii. Duplicates of Nos. [March 16] accounts. 3 pp.
[C.O. 194, 2. Nos. 66, 66.i.-iii. ; and (without enclosures)
195, 3. pp. 65, 66.]
March 26. 254. Order of Queen in Council. Ordering that the orders
Whitehall. f or the seamen on board H.M. ships of war at Newfoundland to
assist in the fortifications there during their stay, be renewed,
in accordance with the Representation of March 17. The Lord
High Admiral to give the necessary orders. Signed, John Povey.
Endorsed, Reed. March 31, Read April 21, 1702. f p. [C.O. 194,
2. No. 69 ; and 195, 3. pp. 69, 70.]
March 26. 255. Order of Queen in Council. Approving the Repre-
Whitehali. sentation of March 17, and ordering that allowance be made to
Mr. Thurston as there recommended. The Lords of the Treasury
to give the necessary directions. Signed, John Povey. Endorsed,
Reed. March 31, Read April 21, 1702. 1 p. [C.O. 194, %
No 71 j and 195, 3. pp. 71, 72.]
172 COLONIAL PAPERS.
1702.
March 26. 256. Order of Queen in Council. Ordering clothes and
Whitehall, money for the company at Newfoundland to be sent in accordance
with the Representation of March 17. The Lords of the
Treasury to give the necessary directions. Signed, John Povey.
Endorsed, Reed. March 31, Read April 21, 1702. f p. [(7.0. 194,
2. No. 70 ; and 195, 3. pp. 70, 71.]
March 26. 257. Order of Queen in Council. Ordering provisions for
Whitehall, the Company at Newfoundland in accordance with the Repre-
sentation of March 17. The Lord High Admiral to give the
necessary directions. Signed, John Povey. Endorsed, Reed.
March 31, Read April 21, 1702. f p. [See Acts of Privy Council,
Colonial, II, pp. 400, ff.] [(7.0. 194, 2. No. 68 ; and 195, 3.
pp. 68, 69.]
March 26. 258. Order of Queen in Council. Ordering materials and
Whitehall, workmen necessary for the fortifications in St. John's Harbour
to be sent thither in accordance with the representation of
March 17. The Master General of Ordnance to give the necessary
directions. Signed, John Povey. Endorsed, Reed. March 31,
Read April 21, 1702. 1 p. [C.O. 194, 2. No. 67 ; and 195, 3.
pp. 67, 68.]
March 26. 259. Order of Queen in Council. Referring enclosed peti-
Whitehali. tions to the Lords Commissioners of Trade and Plantations to
examine and report what they conceive fit for H.M. to do therein.
Signed, John Povey. Endorsed, Reed. 30th, Read March 31,
1702. f p. Enclosed,
259. i. Petition of William Byrd to the Queen in Council,
praying leave, as Agent of Virginia, to present the
enclosed petition and to be further heard upon the
circumstances of the Colony. Signed, William Byrd.
Copy. 1 p. Enclosed,
259. ii. Petition of the Council and Burgesses of Virginia to
the King. Oct. 2, 1701. [Concerning the quota. See
Cal. A. <fe W.I., 1701, No. 893.] Signed, William Byrd,
E. Jennings, Robt. Carter, James Blair, Peter Beverley,
Speaker ; Miles Gary, Tho. Ballard, James Bray, George
Marable, Edwyn Thacker, Tho. Milner, Richard Bland,
Tho. Hobson, Cooke, Edward Mosely, senr., William
Farrar, Mat. Godfrey, Rodham Kenner, Tho. Batt,
William Cary, T. Welburne, Tully Robinson, Nath.
Harrison, Tho. Edmundson, Dan. Sullivall, Wm.
Armstead, Tho. Barbar, Tho. Cocke, Joseph Ball, George
Tayler, Tho. Giles, Gideon Macon, Ja. Westcombe,
Wm. Gough. Copy. 8 pp. [C.O. 5, 1312. Nos. 30,
30.i., ii, ; and 5, 1360. pp. 146-158.]
[March 26.] 260. Col. Quary to the Council of Trade and Plantations.
The sense of my duty to H.M. service and your Lordships'
commands obliges me to lay before you the true state of several
of H.M. Provinces in America. The Island of Providence is as
AMERICA AND WEST INDIES. 173
1702.
happily situated as any in America, capable of producing anything.
There are also many Islands belonging to it, all of the same nature!
It hath a very commodious, secure road. But hitherto (by the
corruption, rapine, and extortion of the late Governors), they* ha vo
seemed only to shelter, receive ami harbour Pirates, and
encourage all manner of illegal trade. The last Governor broke
the Collector's head, and sent him to gaol for presuming to do
his duty. He turned the Admiralty Officers out, and erected a
Court of his own, and then found work for them. The inhabitants
are a great many of them forced off, and the rest by reason of the
rapine, extortion and barbarous usage of their late Governors,
but more especially by reason of the unheard of violence,
injustice, and oppression which they now groan under, are
endeavouring to get away as fast as they can. It would tire
your Lordships should I here insert all the particulars of the
extravagant actions of the late Governor. The jn-ople have
seized him in order to send him home. If your Ixmlships were
made sensible of how great imjxirtanee this Inland is to H.M.,
you would soon use all proj>er means to defend and secure it in
the Queen's own hands by sending over a Governor duly
qualified for that charge.
The Government of Carolina hath made an Act in direct
opposition to an Act of Parliament of England, whereby they
have destroyed _ all the powers of the Admiralty, and confined
it to such rules as are inconsistent with that Court, and have
imposed such fines on the several officers, that they dare not act.
They have turned out Mr. Trott, who had given security to the
Commissioners of the Customs, and had their Commission to be
Naval Officer at that Port, and have put in a man who hath spent
all his time in earning on illegal trade, in which he is still con-
cerned, however, he is fit for their purpose. So that all illegal
trade is carried on to the greatest degree imaginable, especially
that most pernicious trade from St. Thomas. Some extraordinary
remedy must be speedily applied, for it increases daily in most
of the Plantations on the main and in the several Islands.
North Carolina produces nothing but provisions and tobacco,
and they have no other chapmen for the tobacco but the New
England men, who carry most of it to Newfoundland and other
foreign markets. The people of this country think that Virginia
deals very unkindly by them, for they have passed an Act to
prohibit their sending their tobacco to ship off at Virginia for
England. I am sure that Act is very injurious to the Queen's
interest. Governor Nicholson is very sensible of it ; and if that
Act was declared void, all their tobacco which grows in that
country would be sent directly to England, and so prevent its
going to a wrong market.
As to what concerns the trade of Virginia and Maryland (con-
sidering the extraordinary diligence of the present Governors),
I have only to observe that it would be very much for the Queen s
interest if there were ports appointed in every River for the
landing of all goods, but more especially the shipping of all
tobacco, by which means the accounts of entries would agree with
174 COLONIAL PAPERS.
1702.
the account of what was landed here ; it would prevent many
inconveniences and make Trade easy, especially if an Act was
passed to prevent the shipping any bulk tobacco.
Pennsylvania, in relation to its illegal trade, would require a
larger memorial. In general, all illegal trade is carried on in that
country and neighbourhood rather worse than ever. There are
sloops purposely employed to go out of the Capes, and there take
on board the Curasaw goods out of the vessels and so disperse
them. The vessels that bring them from Curasaw come up to
Philadelphia in their ballast : this proves so successful that the
New York merchants find it their interest to carry on the same
trade. Nothing can prevent this but a small shallop and a few
brisk hands. Mr. Penn hath made a great noise about his Acts
to prevent illegal trade, but they have not been twopence
advantage to the Queen, or so much as taken notice of since they
were made, nor have they answered any one end, but that of his
own, which was to make fair weather at home, and impose on the
world, which point he hath gained. I will not now trouble you
with his invading the powers of the Admiralty, so contrary to his
many promises, but am obliged to acquaint you that there hath
happened a most fatal mistake in the last Commission of Mr.
At wood, Judge of the Admiralty. His Commission is for all
the Provinces to the northward, and both the Jerseys, so that
West Jersey, which was formerly in my Commission, is now
taken from it. Nothing parts Pensylvania and West Jersey but
the River, so that unless they are both under one jurisdiction, it
is impossible to secure either, of which we have had late experience
by vessels removing to the other side of the river, and there they
are in another jurisdiction, and so escape. Mr. Atwood hath no
officers settled on the Jersey side, whereupon it foUows that the
dividing those two Provinces will ruin the Queen's interest in
both, therefore humbly propose that they may be united as
formerly, or that Mr. Atwood may have Pensylvania and the
three Lower Counties hi his Commission, which will prevent
confusion. There are several small Ports in West Jersey, of which
Captain Jewell is Collector. I wiU place him where he may be
able to do the Queen most service.
State of Defence. The great number of H.M. subjects on the
Main are divided into a great many Provinces, and in every one
they are scattered and dispersed very wide asunder, so that it
is impossible for any Province to fortify the frontiers against the
Indians, nor can they maintain a constant force in arms to secure
them. What then can hinder the Indians from falling into any
of the Plantations and half ruin them before they can be in a
condition to defend themselves ? I do very well know that
Virginia and Maryland are under the best circumstances, both in
respect of the great number of men, and the advantage of having
such experienced and vigilant Generals to command them on such
occasions, yet considering how they are dispersed, and how badly
most of them are armed some have guns, some none, but little
ammunition, and the most of them not fit for service or action
should there be occasion ; all which considered, it is much to be
AMERICA AND WEST INDIES. 175
1702.
feared that should an enemy fall into these countries, it would be
of fatal consequence, many of the out-settlements must be cut off
before the rest can be drawn into a body to repell the force, tho*
I am sure nothing would be wanting in the Governors that is in
thepower of man to do.
The Proprietary Governments are in no wine capable to defend
themselves. Carolina nothing but anarchy and confusion ;
some places perhaps have the name of a Militia, and that is all,
for they want arms and ammunition and all things else for their
defence, nor have they any Act to enforce it. They will, it may
be, meet once or twice in a year under the pretence of exercise,
when their business is wholly to be drunk. In some Provinces
there is neither militia, arms nor ammunition, no, not so much
as a Military Commission, but the Queen's subjects are exposed to
all the miseries imaginable both by land and sea, which is the case
of Pennsylvania. And yet Mr. Penn endeavour* all he can to
invite all foreign Indians known to be villains, and some French
lately come from Canada, to come and settle in his country,
only for the benefit of a trade with them, which he takes care
wholly to ingross to himself by ordering the Indians not to permit
any to trade with them, but such as can show an indented licence
and his seal. What Mr. Penn's profit from this trade may be,
I know not, but am much afraid it will prove to be the loss of many
thousands subjects' lifes, if not speedily prevented by H.M. care.
Proposal* for remedies: I do propose as a most essential
thing, that H.M. do take all those Proprietary Government* into
her own hands ; that she will be pleased to appoint prudent
Governors, and particularly in Carolina, with Instructions to
treat those Indians in amity with them, who are a free people,
with justice and tenderness ; that some small present* may be
made to the several Nations according to their several circum-
stances ; that a Law may be made to regulate the Indian trade,
which will improve it to a vast advantage, and may be a fund
to defray all the charge of the Government ; that all endeavours
imaginable may be used and good encouragement given for
settling Port Royal, which is the frontier of that Province to the
South, a place of great consequence, being one of the best harbours
in that Province, a fertile soil, a noble, fresh River, and having
all the advantages of a good settlement ; the inhabitant* of the
country are now sensible of their mistake in not settling there
at first, which had they done, it would have been the best
improvement on the Maine. It is still capable of being so, %nd
abundance of the inhabitants are willing to remove thither,
good Militia should be settled in every Province, so well
and armed, that they may be able and always in a readiness U
defend themselves and their neighbours. As for the oth
Governments to the Northward of Carolina ; I cannot f
part see anything that can prevent great destruction amor
them in case of an invasion by the Indians, but a consn
garrison on the Frontiers of Albany, well supported and suppli
Nothing else can steady the Five Nations to the English inte
for when they find that those frontiers are so supported as that
176 COLONIAL PAPERS.
1702.
they may depend for security and defence from thence, they will
then continue firm and steadfast. If we lose the Five Nations,
there will be nothing to hinder our enemies from ranging over
the Maine and bringing ruin and destruction on which Government
they please. Virginia and Maryland have often felt fatal effects
from these very Indians, even when they were friends, yet the
present Assembly of Virginia are of opinion that the support of
Albany doth no way concern them, which I could never have
believed, had I not been an eye- and an ear-witness of it. Gives
an account, agreeing with that given Cat. 1701, Preface etc., of
Governor Nicholson's vain endeavours with the Assembly on the subject
of the Quota. This malignant humour is not confined to Virginia,
but is diffused more or less through all the settlements on the
Maine. I have indeed spent some time and thoughts to find out
the true cause of this strange alteration and change, which is
so remarkable in the humours and tempers of the people in those
parts. My long experience in the several Governments under
H.M. on the Maine, gives me the advantage of knowing that no
people could be more loyal to their Prince, more obedient to Law,
more respectful to Governors and more ready to answer H.M.
commands. That their humours are of late soured, and their
tempers in some respect changed, is obvious to every man. And
for me to consider that it is the interest and security of all the
Plantations on the Main to contribute towards the support of
Albany and its Frontiers, and that the charge is so very incon-
siderable, and to see the security and unconcernedness of most
Provinces on the Main, and to see them so averse generally to the
raising their respective Quotas, doth amaze and astonish me.
I have sometimes believed that it might proceed from those late
licentious Commonwealth principles, too much improved in
England, and which hath been the subject-matter of so many
scurrilous and scandalous pamphlets, enough to corrupt the
morals and principles of good men, if not well guarded against
the pernicious and subtle poison. But upon more mature con-
sideration, I have good reason to conclude that the cause and
foundation is to be found near home, I mean from the several
neighbouring Charter Governments. And this may be easily
demonstrated, if we consider that the people under the Pro-
prietors do very seldom or never pay any taxes for the support
of the Church or State ; they entertain and encourage pirates ;
they carry on all manner of illegal trade, violate all the Acts made
to prevent those evils ; they affront the King, his Laws,
Authority and Officers, and by all these disloyal and unjust
actions grow rich and get estates, and have hitherto escaped the
punishment and just reward of their wickedness. This makes
the people of the Queen's Government murmur and repine, and
puts them on thinking what should be the reason that their next
neighbours and fellow subjects should enjoy more ease, liberty
and freedom under the Proprietors' Government than they do
or can under H.M. And that which aggravates their discontents,
these people of the Proprietary Governments make it their
business to upbraid and reflect on them, as being slaves and
AMERICA \M> WEST INDIES. 177
1702.
miserable in comparison of themselves. Thin I know to be ft
constant practice and produces ill effecto. I heartily wwh proper
and effectual remedies may be applied before those discontented
humours wen- improved to a greater height. And none other
or better expedient can be found than H.M. taking all the
Governments into her own hands, governing all, as near an
possible may be, by one and the tamr Law. This would make
all easy, satisfied and contented ; and until this be effected, I
can propose a plain, easy and expeditious way for H.M. to oblige
all the Provinces on the Main to pay their several quotas without
murmur, but shall await your Lordships' commands.
I'pon all these considerations, I propose (1) that Albany and
the Frontiers of that Government be well mann'd, victualled
and provided with all things necessary. (2) That more care
be taken of the soldiers than hath been of late, to prevent their
mutinies, and deserting their post and dutys. (3) That the Five
Nations be treated with all the justness and kindness imaginable ;
that they be assured of aid and assistance of men and arms,
with whatsoever else they stand in need of, in order to their
defence, or the attacking their or our enemies. (4) That some
sober, discreet men be encouraged to reside amongst them, to
advise and direct them in difficult matters, and to observe their
motions. And since it is not possible for the Government of New
York to support the charge of all this alone, and as unreasonable
that H.M. should send money out of England for this purpose,
there can bo no better means or expedient found out. than the Quota
proposed. The charge is very easy and inconsiderable, not to
be felt by any of the people of the Government. The Assembly
of Pennsylvania, for instance, gave Mr. Penn at one sitting
2.000/., and have settled upon him taxes to l.OOO/. per annum
and upwards, and this was look'd upon as a very mean, incon-
siderable present : he expected at least 10,000/., and perhaps
in a little time will gain his point. And he has set on foot a
subscription for several thousands of pounds amongst the Quakers
on his going home, to prevent the Bill for re-uniting the Charter
Governments to the Crown, and sets forth that the consequence
would be, if not to depopulate the country, at least to stint its
growth . So formidable is the Queen's Government rendered to these
poor, deluded people, and rendering H.M. other subjects of equal
numbers inconsiderable, in the most depraviating terms his pen
could invent, as I have it from some of themselves, that the
Churche's name is only taken in vain here. What your Lordships
laid before the House of Lords, in Representations upon the
Proprietaries, is plain matter of fact and the greatest part within
the compass of my knowledge, etc. Signed, Root. Quary.
Endorsed, Reed. 26th, Read March 31, 1702. 11} pp. Holograph.
[C.O. 323, 3. No. 120 ; and 324, 8. pp. 86-106.J
March 26. 261. Abstract of preceding. U| pp. [C.O. 323, No. 119.]
March 26. 262. Journal of Council of Trade and Plantations. Letter
Whitehall, from Dr. Newton read.
178 COLONIAL PAPERS.
1702.
Col. Quary presented to the Board a Memorial relating to the
condition of several Governments in America, and their Lordships
resolved to take the same into consideration, with some further
memorials which he promised to bring, when they shall have
gone through with the perusal of Col. Nicholson's letters.
Representation relating to the want of small arms etc., in
Virginia and Newfoundland, with a letter to the Earl of
Manchester, signed. Their Lordships finished the reading of the
first of Col. Nicholson's letters, Dec. 2, 1701.
March 27. Col. Dudley, attending, was acquainted that directions were
given by an Order in Council. June 28, 1701, for his trans-
portation etc. As to his desire of having one of the Companies of
Foot now at New York removed to New England, their Lordships
did not think it fit to be done at present, and gave directions
for preparing a Representation thereupon, as also upon the state
of defence of all the Plantations.
The second of Col. Nicholson's letters, Dec. 2, 1701, read.
[C.O. 391, 14. pp. 383-386 ; and 391, 96. Nos. 53, 54.]
March 26. 263. Minutes of Council of New York. Report of the
Commissioners of the Public Accounts read.
This Board being informed that Mr. Barnardus Freeman, the
Minister of the Dutch Congregation at Schenectady, hath, since
the decease of the Minister of the Towns of Flat bush, New
Utrech(t), Flatlands and Brookland, been offered the said
vacancy, which 'tis believed he will prefer as more valuable,
and this Board knowing it to be for H.M. service with relation to
the Indians that now are or hereafter may be made proselytes,
do offer him that what sum less than 60Z. per annum he shall
receive from Boston by reason of his care and pains with the
Indians, the deficiency shall be made up to him from H.M.
revenue here. Proclamation ordered requiring the Repre-
sentatives of the people to meet in General Assembly punctually
according to prorogation.
Petition of Peter Cortilean read, praying a patent for a small
parcel of land lying in the New Dorp, adjoining to the land of
John Dowisse in Richmond County. Ordered that a warrant
issue to a Surveyor to survey the same in order thereunto. .
Ordered, that unless Severyn Tenhout or some for him do appear
before this Board and make good the allegations in his petition,
Jan. 26, on or before Monday three weeks, a patent will issue to
Matthias Mott.
Depeyster v. Cruger : The Defendant this day filed his plea in form.
Ordered that the errors be argued on Munday seven-night next.
This Board being informed that three drift whales are lately
come on shore on a beach in the County of Suffolk on the Island
of Nassau, ordered that Thomas Clark and John Mosier, of the
said County, do take care of and try and secure the same, and
they are hereby allowed ^rd part of the bone and oil for their
trouble and charge, they delivering the other frds into the
Custom House at New York clear of all charges. Warrant ordered
to be prepared accordingly. [C.O. 5, 1184. pp. 635, 636.]
AMERICA AND WEST INDIES. 179
1702.
March 27. 264. Minutes of Council of the Massachusetts Bay
Resolved that the garrison at H.M. Castle on Castle Island be*
made up 120 effective men, besides the Commission and Warrant
Officers. Warrants of impress signed for detaching 100 soldiers
for that service out of the several Regiments of Militia in pro-
portion as stated.
Ordered that the Captain of the Castle be impowered to enlist
such able men as shall voluntarily offer themselves for H.M.
service, to be of the standing garrison there instead of any of the
imprest men, as he shall judge not fit for that service.
Order to Capt. Cyprian Southack for fitting out the Proving
galley, and a warrant of impress for seamen, to be in readiness,
signed.
Ordered that in case of emergency any seven or more of the
Council may sign sailing orders for the Province galley.
Warrant signed for 500/. to be paid for work on the Castle Island
fortifications.
William West of Salem appointed gunner of H.M. Fort there.
March 28. Proclamation signed and published by beat of drum, requiring
the Selectmen of the several towns to take an accompt of their
town stock of ammunition and warlike stores, and to see that they
be made up the full quantity by law required, and that of such
as are good and fit for service, also requiring all military officers
to cause a view to be made of arms and ammunitions within their
commands, and to take care that the Act for regulating the
Militia be effectually put in execution, and to observe the Act for
putting the Militia into a readiness for defence.
Resolved that, to the intent there be a suitable number of men
t. -lined up and instructed in managing and traversing the great
ordnance of H.M. Castle on Castle Island, there be enlisted out of
the two regiments of Militia in Suffolk, and the lower regiment
in Middlesex 300 men under proper officers. Orders signed
directing the respective Colonels accordingly, and to see that upon
an alarm from the Castle they forthwith repair to the same, and
that at certain times to be appointed they also repair thither
.to be exercised and instructed in managing the ordnance, etc.
Commission signed appointing Samuel Sparhawk Captain and
Samuel Cooper Lieutenant, and Andrew Boardman Ensign of
the Foot Company of Militia in the Town of Cambridge.
[C.O. 6, 788. pp. 127-130.]
March 27. 265- Ellis Light wood and others to the Lords Proprietors
Providence, of the Bahama Islands. The unparalleled villainyes of your
Lordships' late Governor Haskett have been so intolerably
oppressive beyond all expression that for the preservatio of
our lives and fortunes, we were forced to suppress him, of
which we gave your Lordships an account by the vessel hired by
the country to carry him home to England to answer the sundry
barbarous crimes we have to allege against him, which vessel we
have had lately an accompt that in the proceeding of their voyage
putting into New York he thereby bribing of the Master or sailors
made his escape. We hope your Lordships have so much
180
COLONIAL PAPERS.
1702.
honour and respect for H.M. poor subjects and your Lordships'
tenants here, that you will please no ways to countenance such
arbitrary proceedings. We have in this interim of affairs elected
a President, the Council still the same. Signed, Ellis Lightwood,
President, Richard Peterson (Bathe), Richard Taliaferro (Craven),
Tho. Gower (Ashley). Representatives : Read Elding, George
Graham, Nicholas David, Thomas Williams, John Warren, Speaker
of the Assembly. Mem. The declaration at the Country's election
of Ellis Lightwood for their President was signed by 118 hands.
The Articles exhibited against Capt. Haskett were of four and
twenty heads. [C.O. 5, 289. p. 107.]
March 28. 266. Minutes of Council of New Hampshire. Proclamation
ordered proroguing the Assembly till the second Tuesday in May.
Ordered that all scouting, ordered March 4, be left off.
[C.O. 5, 789. pp. 83, 279.]
do lu Vega.
March 30. 267- Governor Selwyn to the Council of Trade and
St. Jago Plantations. Refers to letter of Feb. 9 [6th, Ed.]. I have visited all
the most dangerous landing places, in some of which fortifications
will be necessary, particularly Port Morant, Old Harbour, Carlile
Bay, Muskito Point, and some addition at Port Royal I have
also reviewed all the Militia, except those who are too remote
and so dispersed as to be useless on any sudden occasion. On
March 17 our Assembly met. I recommended to them what I
thought most wanting, all which they have taken into considera-
tion, and approve of my demands, resolving to comply according
to their abilities. They have already voted an Address of
thanks to H.M. for his care and kindness. We have past an
Act for quartering the soldiers till further provision can be made,
and another to revive the additional duty, which they let expire
during the last Sessions. They talk of a poll upon negroes. I
am in hopes self-preservation will continue this good humour, and
that the pains I have taken to heal and reconcile their ancient
animosities between the Council and Assembly will have a good
effect, and that nothing will be wanting on their sides or mine
for their preservation, but I will never answer for such a number
of people any further then depends on myselfe, tho' at t)ie con-
clusion of the Sessions, I hope to give you a good account of their
proceedings. In the meantime I shall have my hands full of
business of all sorts, with a people very capricious, jealous, and
difficult to manage. The Island is at present sickly, but the
mortality reigns chiefly over the new-comers, who are very subject
to that mortal distemper called the bleeding fever, of which
many that came with me are dead. My whole family has been
sick, myself excepted, some are dead, my wife and a third part of
my servants are now ill, in short, here is so little pleasure or profit,
that I begin to .
Subscribed, So far H.E. had went in his letter, when he found
himself indisposed, which raised itself to that height that at
4 o'clock next morning he was in such violent pain that he could
not finish your letter, and on Easter Day, April 5, about 8 at
AMKIM- \ AND WEST INDIES. 181
1702.
night he departed thin life, to a general sorrow of the whole
Island. II. had taken a great deal of care and pains to reconcile
their animosities, which they are now like to renew, the Lieut. -
Governor being a person generally disliked, and one of Mnm
Gentlemen the Assembly has a hard opinion of. The Assembly
are adjourned to Tuesday next. Signed. Tho. Frye. Endorsed,
Reod. 16th, Read June 16, 1702. 2 pp. Enclosed,
267 i. Copy of the Address of Governor Selwyn to the Assembly
of Jamaica. I have called you together with all the
dispatch I could, and I hope to find every man in a
temper suitable to the necessity of your affairs. I need
not tell you the state of the Revenue, referring that to
your inspection, but I am sorry for your own sake* it
is so far lessened at a time when your defence requires
it should be much greater than ever. The main
business I have to recommend to you is the rnre of
yourselves and those Gentlemen who are sent |to| defend
you, 1 mean building fortifications and barracks. on these
two points I shall l)e always ready to advise with you,
the matters and method being of too large an extent
for a Speech, and likewise whatever else you shall think
for the service of the King and Country , only must
desire your immediate application to the former, least
the vigilance of our enemies force us to our arms, whilst
you are deliberating upon a I^iw. With advice of the
Admiral and Council, 1 have taken two vessells for
fireships, which account shall be laid before you. wherein
you will see how much care haw Ix'en taken to make the
charge easy to the Country. I have reviewed the
greatest part of your Regiments and Troops, who 1 find
are generally good men, but I hoj>c you will take my
advice in some amendments to the Militia Act. It may
be expected I should say something as to your Civil
Bights. I will therefore unveil myself so that every
man may st-e what he is to expect from me ; when any
real grievances are duly represented, I shall readily
concur with you in redressing them, but hope no
imaginary ones will disturb the publick peace or
business. Liberty and Property I know is the foun-
dation and blessing of our Constitution, and I would
no more invade either than I would sacrifice my son,
nor will I lessen the King's Prerogative any more than
I would betray my Father. And whenever his service
or defence of this country requires it, am ready to expose
myself to any fatigue and danger. It was in perfect
obedience to H..M. command that I came hither, wbom
goodness to you and care of you was my gfotieit
ouragement, the particulars of which being too
many to enumerate, shall be laid before you, and during
my stay here Justice in all things shall be my rule, and
at" my return H.M. gracious acceuUmce of my small
service will ! .it leatl >n honorable reward for the
182
COLONIAL PAPERS.
1702
hazards of this climate. In the meantime I shall expect
a just deference to my authority, and as much con-
sideration in every point as has been shewn to any of
my predecessors. I desire you will without any loss of
time heartily apply yourselves to the publick business,
that we may have a short and a happy sessions. 1| pp.
267. ii. Memorandum of two Acts of Jamaica passed March 17,
170J. [C.O. 137, 5. Nos. 62, 62.i., ii. ; and
(duplicates of Letter and enclosure I.) 63, 63.i ; and
(unthout enclosures) 138, 10. pp. 333-336.]
March 30. 268. Minutes of Council of New York. Petition of
Abraham Gouverneur, Robert Sanders, Robert Walters, Isaac
Gouverneur, and Abraham Provoost, read, praying a license to
purchase from the Indians a parcel of land in Ulster County called
Wiesasack, lying to the Southward of Wayanaglanock to the
westward of Westenhook Creek. Ordered accordingly, provided
the same be made before a J.P. of the County, and returned in
Council within 12 months.
Proclamation ordered to be prepared, declaring that such person
who within eight days shall discover the person or persons who
cut down the gallows in the City, shall have a reward of 60 pieces
of eight, and if any person or persons, free or slave, who have
been employed by any other person or persons to cut down the
said gallows, shall within eight days discover the person or persons
who employed him or them to do the same, shall have and receive
not only the said 60 pieces of eight, but shall not be prosecuted
for his or their offence. [C.O. 5, 1184. pp. 636, 637.]
March 31. 269. Col. Quary to the Council of Trade and Plantations.
Mr. John Moore hath served as advocate of the Admiralty very
faithfully, for about four years. Governor Nicholson prevailed
with him to execute that office and promised a suteable reward,
but as yet he hath not received any consideration, but hath lost
very considerably. This makes him uneasy and resolved to quit
it, which will be a great inconveniency to Her Majesty's interest
in that Province, there being no other person there qualified to
serve in that station. An Attorney General is sent lately to New
York, and there is a necessity of having one in Pennsilvania, for
there are several Bonds that are forfeited to her Majesty, and
cannot be put in suit for want of an Attorney General ; the
people under that Government are positive in this notion, that no
other person can sue in H.M. name. I therefore humbly propose
that your Honors recommend Mr. Moore to H.M., that he may
be commissioned to be Attorney General of Pennsilvania, the
Jerseys and the three Lower Countys, with a suitable salary.
Signed, Robt. Quary. Endorsed, Reed. Read March 31, 1702.
1 p. [C.O. 5, 1261. No. 59 ; and 5, 1289. pp. 399, 400.]
March 31. 270. Address of the Representatives of the three Lower
Counties [of Pennsylvania] to the Council of Trade and Planta-
tions. Phyladelphia, Oct. 25, 1701. For many years past we
AMKIIK \ \\D \\IM INDIES. 183
1702.
have been advantageous to the Crown and Trade of England in
our product, which is chiefly tobaoooes. But being the frontiers
of this Government and dayly threatened with a war approaching
causeth us consider the danger impending, and thereupon have
made many applications to our Governor for some means of
It ! 'iicc since his last arrival, but he has either answered with
silence, or ineffectual discours, which we charitably attribute to
his perswasion. Col. Robt. Quarry, by whom we send these lynes,
is a Gentleman very well acquainted with the present cir-
cumstances both of this Province and Territories. He will relate
to your Honours what is necessary. We beg such credit may be
given to him as may answer our wants and H.M. interest in these
parts. Signed, Jasper Yeats, Richd. Halliwell, John Walker,
Jno. Donaldson, Luke Wattson, junr., Will. Rodeney, John
Brinckloe, Adam Pietersen. Endorsed, Reed. Read March 31,
1702. Reed, from Col. Quary. 1 p. [C.O. 5, 1201. .Vo. 60 ;
and 5, 1289. p. 396.]
[March 31.] 271. Minister and Vestry of Christ Church in Philadelphia to
the Council of Trade and Plantations. We have often addressed
your Lordships in the behalf of our Church, but have great reason
to believe there has been endeavours made to intercept our
letters. We beseech your Honours to let us tell you the
apprehension which we are under by Mr. Pen's return, with design
to obstruct the Bill for reuniting Charter Governments to the
Crown. His friends the Quakers largely contributed thereto
under the assurances he has given them of keeping the Priests
out of his Province, and the Magistracy and Government in their
hands, and they have addressed H.M. to that effect. We could
enumerate as many absurdities committed since his arrival as
would fill sheets, but that you may guess at Hercules by his foot,
we shall lay down three remarkable, viz., in April, 1700, he com-
missioned Provincial and Circular Judges for the trial of capital
crimes, and they coming into the County of Bucks found one
committed for bestiality with a mare, and in order to enquire into
the fact, the Clark proceeded to tender the Grand Jurymen their
oaths (two of the Judges then not being Quakers) but they
obstinately refused taking any oath, and declaring they were
exempted by the Laws of their Government, and they would not
lose their priviledges, wch. obstructed their procedure in a due
and legal manner, and the criminal got off from hence. They
continued their circuit to Newcastle County, and found a woman
committed for murthering her bastard child, and an indictment
accordingly' against her ; upon her arraignment she was found
guilty. She had those convictions of conscience that she became
her own accuser and discovered it to her neighbours, and carried
the Coroner and his Inquest where the corps lay, and helped to
dig it up herself, and now what remains but execution, wch. is
still undone, for the woman is at large, whether the King or
Mr. Pen pardoned her, is wt. is fit to be inspected. The son of an
eminent Quaker was committed in this County for a notorious
rape oil his servant mayde. He lay some time in gaol for want
184 COLONIAL PAPERS.
1702,
of Judges (for indeed things have been so managed that no man
of sense will serve), and the Governor and Council interposed so
far in his favour, that they ordered him out upon bail, but instead
of taking a recognisance to answer the fact, one of the Quaker
Judges took a bond in Mr. Pen's name for the prisoner's
appearance at the Provincial Court (wch. are restricted by their
Commission only to seven Capital crimes) to answer a certain
misdemeanour, without binding any to prosecute or the witnesses
to give evidence. When the miscreant was called, his father
(his bail) appeared and made frivolous excuses for his son's
absence, and after many shuffles he told them he hoped the Law
would be their guide, or to that effect, which put the Court on
inspecting the bond, conditioned to answer a misdemeanour as
abovesaid, and they soon found the trick and that they had
nothing to do in the affair, nothing of that nature lying properly
before them, and by this stratagem the fellow was worked out of
gaol and the Government too, unpunished. This was in
September last. Whether this was a contrivance from first to
last, your Lordships will soon determine. We cannot send
extracts (of these cases), the offices being under the Governor's
power, but if ever the records of this country be narrowly
searched and scanned, 'twill furnish a history that will surfeit
the world of the Quaker tenents (sic) and practice. And now
may we not with good grounds implore H.M. to take us into his
more immediate protection, which we beg your Lordships to be
suiters for in our behalf. Signed, Evan Evans, Minister of
Philadelphia ; John Thomas, Cler. ; Saml. Holt, Charles Sober,
Wardens ; Robt. Quary, Joshua Carpenter, J. Moore, Wm.
Halle, Edward Smout, Jno. Crapp, Thomas Tench. Endorsed
as preceding. 3 pp. Worn. [C.O. 5, 1261. No. 61.]
[March 31.] 272- (a) Affidavit of Edmond Lovett and Walter Pumphary.
We of the Jury to try the case of Francis White v. James Allman,
did, after several hours' debate, being not like to agree, there
being seven for the Plaintiff and five for the Defendant, by the
pernicious advice of Anthony Burton, one of the Jury, make a
conclusion to try the matter by a piece of money, one side we
assigned for the Plaintiff and the other for the Defendant, and
the Constable took it and shaked it in a hatt and clapt it upon the
table, and that side which fell uppermost being for the Defendant,
we went in with one verdict, which hath been a great trouble to
our consciences. Signed, Edmond Lovett, Walter Pumphary.
Copy. \ p.
(b) Similar affidavit of Edmond Lovett, and James Moon,
Bucks. At a Court of Quarter Sessions, March 14, 169f , " We
did conclude to go to hustle-capp for a verdict." Signed,
Edmond Lovett, James Moon, his mark, two of the Jurors.
Copy. p. The whole endorsed as preceding. [C.O. 5, 1261.
[March 31.] 273- Copy of Petition of Inhabitants of Newcastle to Lt.-
Gov. Markham [1669] relating to defence against pirates,
AMERICA AND WEST INDIES. 1*5
1702.
Duplicate of Col. A. A W.I., 1099, No. 877.L (1). Endorsed as
preceding. \\ pp. [C.O. 5, 1261. No. 63.]
[March 31.1 274. Copy of two depositions, about July, 1699, as to
Pir;tr- hunlm- soim MKXM in DfelftwaM l'..i. DwMMk of
..
Col. A. & W.I., 1699, No. 877.1. Endorsed as preceding. 11 pp.
[C.O. 5, 1261. No. 64.]
[March 31.] 275. Copy of the Address of the Representatives of the Three
Lower Counties to William Penn, Proprietor and Governor of
IVnnsilvania and Counties annexed. Having taken into due
consideration H.M. Letter to your Honour requiring from
Pennsilvania 350/. 6s. for fortifications at the frontier of New
York, together with your Honour's Speech relating thereto, with
all duty, faithfulness and loyalty to His Majesty [ire] desire
your Honour to represent to H.M. the naked and weak condition
of the said Counties, as we are the frontier of the aforesaid
Province, and daily threatened with an approaching war, not
being able to furnish ourselves with arms or ammunition for our
defence; having consumed our small stocks in making tobacco,
which has proved very advantageous to England, and that H.M.
has not y< t been pleased to take notice of us in the way of protection,
having neither standing militia nor pcrs< us impowcrcd to command
the people in case of an invasion, weh. together with the great loss
we sustain this year in our Tobaccoes, not having vessels to carry
it away. These things we hope by your Honour's influence will
incite H.M. to take into consideration our present circumstances,
and not require any contributions from us for forts abroad before
we are able to build any for our" defence at home. Signed,
Richard Halliwell, Robert* French, Jasper YeaU>s, John Healy,
John Brinckloe, John Hill, Luke Watson, jr. Endorsed as
preceding. 1 p. [C.O. 5, 1261. No. 65.]
[March 31.1 276. Duplicate of preceding. (Apparently a rough draft.)
Without endorsement. 1J pp. [C.O. 5, 1261. No. 66.]
[March 31.] 277. Address of the Representatives of the Three Lower
Counties [adjoining Pennsylvania] to Mr. Penn, Philadelphia,
Oct. 18, 1701. With great reluctance we lay before yr. Honour
\( burthen those Counties have laboured under by attending no
less than five Assemblies since your last arrival at the expense
of above 600/., besides the funds raised for support of Govourment.
We cannot but with grief observe that instead of reaj ing the
designed security by the Laws past at Newcastle, wee find
the most essential have not yet be[en] sent for H.M. allowance or
approbation, especially such as nearest concern us and our estates,
viz. the Acts for qualification of magistrates and juries, and those
for establishing property and raising money, the reasons whereof
we are yet to seek.
The powers of Govourment of the Lower Counties by your
Honour being, as we are informed, under debate at home, and
questioned by some here, we thought ourselves concerned to
186 COLONIAL PAPERS.
1702.
address your Honour in so important a poynt, and therefore did
it by desiring a sight of your deeds of feofment, but instead of
your usual healing and condescending way, we met with the
threats of a goal without bail till the King's pleasure was known,
your Honour's return or deliverance by the mobb (in case we
had not then been in Assembly), which we took to be harsh
language, having not presumed to examine the requisite quali-
fications of your Honour as Governor by the late Act of
Parliament, we are likewise under a necessity to lay before yr.
Honour the danger the Secretary of State cautions these Colonies
off (as we apprehend from the French Squadrons now hi the West
Indies) if the warr break out, and we have reason to fear will
fall on us naked and defenceless, being without militia, fort,
powder or shot, though we are the frontiers of the River and
heart of the Maine, where the enemy may land without bloodshed ;
and, as we have heretofore alleadged, not un valuable to the Crown
of England in the product of our Tobaccoes On this head we have
made application to your Honour several times, therefore say
less at present. Notwithstanding these difficulties, and many
more, we have been willing for the public good and peace to join
with the Members of the Upper Counties in anything that might
conduce thereto. But the House now requiring us to confirm the
Laws so solemnly passed at Newcastle, gives us ground to believe
they suspect their validity in being made there, and awakens us
to review what we have been doing so many years past, and
besides our reasons given in the House against this Act, doe
conclude, before we make further progress therein, to go home
to our Counties, and consult with them what steps are proper
in that affair. Signed, Kent : John Brinkloe, Will. Rodeney,
John Walker, William Morton. Newcastle : Richard Halliwell,
John Donaldson, Adam Pietersen, Jasper Yeates. Sussex :
Luke Wattson, jr. No endorsement. 2J pp. [C.O. 5, 1261.
No. 67.]
[March 31.] 278. Copy of preceding. Endorsed, Reed. Read March 31,
1702. Reed, from Col. Quary. 1 pp. [C.O. 5, 1261. No. 68.]
[March 31.] 279. Memorandum of printed abridgment of the Laws of
Pennsylvania, past in Nov., 1700. Endorsed as preceding. \ p.
[C.O. 5, 1261. No. 69.]
280. Case of Thomas Byfield of London. John King, late
of Philadelphia, mariner, dying indebted to said Byfield in 343?.,
Pennsylvania money, the latter by letter of Attorney, Oct. 15,
1698, empowered Col. Quary to sue the executrix, who having
brought the cause of a hearing, a jury who were neither sworn
nor made their solemn affirmation, altho' Byfield had an account
of sales proving his debt under King's writing, yet brought in
their verdict in favour of the Defendant. From which sentence
Byfield hath by his said Attorney used his utmost endeavour to
appeal to England, but hitherto hath been continually delayed,
and not able to get such his appeal allowed. No signature*
AMERICA AND WEST INDIES. 187
1702.
Endorsed, Reed. Read 31st [sic] 1702. Reed, from Col. Quary.
[C.O. 5, 1261. No. 70.]
March 31. 281. Deposition of Robert Dale, Feb. 13, 170'f. He was
Mate of the Deare sloop, Goufrey Bunnion Master, in a voyage
from Philadelphia to Curisaw about the middle of July last,
loadcn with flour, bread and beer, which were sold there and 18
bales of linnen taken in, which he believes to be Holland, 4 hhds.
of claret, 18 bags of coco nuts, and a considerable quantity of iron.
All which goods were imported into this Bay, and put on board
a small sloop which met them near Cape May, Oct. last. He since
heard that the said goods were brought up to Philadelphia and
landed at Mr. Perry's Wharf. Signed, Robert Dale. Endorsed
as No. 278. & p [C.O. 5, 1261. No. 71.]
March 31. 282. Journal of Council of Trade and Plantations. The
Whitehall. Lord Grey acquainted the Board that having perused a copy
of Mr. Fullerton's reply to the Council of Barbadoes' answer to
Mr. Skene's memorial, he found nothing new therein, and
therefore referred their Lordships to the said answer.
Mr. Byrd presented to the Board an Order of Council,
March 26, referring an Address of the Council and Burgesses of
Virginia to their Lordships. Directions given for preparing a
Representation thereupon.
Col. Quary attending as desired, the paragraph in Col. Nicholson's
letter relating to the purchase of North Carolina was read, upon
which he said that the Governor meant only so much of that
Province as Dr. Cox lays claim to, and as to what he writes about
erecting a Company for managing a Trade with Indians, he said
it would be of very great advantage, but that the Governor has
not power to do it, and that it cannot be done there, but by the
Assembly, which he believes they will consent to, most of them
being private Traders ; yet if it were done by a patent from
the Queen, he said the country would like it. He added that
it would be very much for the interest of England that such
Companies were settled in all the Provinces on the Continent,
and promised to bring a particular memorial thereupon. Then
Col. Quary 's memorial and other papers presented by him were
read [see preceding]. Ordered that what relates to Pennsylvania
be abstracted in order to the sending the same to Mr. Penn for
his answer. Directions were given for preparing a Representation
upon the said papers to be laid before H.M.
Col. Quary further presented a memorial proposing that
Mr. John Moor, who hath served four years as Advocate of the
Admiralty of Pennsylvania, may have a Commission to be H.M.
Attorney General in that Province, which was read. He further
offered in his own behalf that he has served a long time as Judge
of the Admiralty, has been at great expences in his voyages to
and from England, and in pursuing and seizing pirates and other
ways in the execution of his Commission, and has not as yet any
salary or received any recompence. Their Lordships agreed to
188
COLONIAL PAPERS.
1702.
lay the case before Her Majesty. [C.O. 391, 14. pp. 387-393 ;
and 391, 96. No. 55.]
March 31. 283. Minutes of Council in Assembly of Barbados. Ordered
that the Secretary lay all the Council Books and Acts upon the
Council Table at the 'several meetings before the Board is sate.
The Hon. John Hooker being appointed Chief Baron of the
Court of Exchequer, it was objected that he, being the Chief
Judge of the Court of Common Pleas for the precincts of
St. James, could not be qualified to execute both Commissions.
Ordered that the Attorney and Solicitor General give their
opinions.
Alexander Lamplee paid 36Z. Is. 6d. for timber for the Leeward
fortifications.
Ordered that all petitions and writs of error that lie before
the Council be heard on April 9.
251. paid to George Chowne in full of his claim for the hire of
the sloop Thomas and John.
An Act for the encouragement of the return of such servants
as have absented themselves from their Masters' service by
unlawfully going off this Island, was read three times, passed,
consented to and sent down.
The Assembly, in response to the Board's invitation to them
to attend in the conference they had proposed, announced that
there were not members enough to make a House and that they
had accordingly adjourned. [C.O. 31, 6. pp. 186-189.]
March 31. 284. Journal of Assembly of Barbados. Absent members
fined, and not enough appearing to make a House, the Assembly
adjourned till April 14. [C.O. 31, 6. p. 461.]
April 1. 285- Mr. Secretary Vernon to the Lords Commissioners of
Whitehall, the Treasury. Her Majesty commands me to send your
Lordships the enclosed copy of an Address of the House of
Commons, and to acquaint you with H.M. pleasure that care be
taken that no part of the said Duty be diverted to any other uses
but such as are exprest hi the said Address, and that the
necessary directions be given that an annual account, how the
said dutyes shall have been expended, be prepared in order to be
laid from time to time before the House of Commons. Signed,
Ja. Vernon. Endorsed, Read April 14, 1702. 1 p. Enclosed,
285. i. Order of House of Commons, March 23, 1701 (1702). That
an humble Address be presented to H.M. that the duty
or impost of 4| per cent, arising in Barbadoes and the
Leeward Islands, subject to an annuity payable to the
Heirs and Assignes of the Earl of Kinoule, be applied
for the repairing and erecting such fortifications and
other publick uses for the safety of the said Islands, as
H.M. shall direct ; and that an annual account, how the
said dutyes shall have been expended, may be laid
before the House of Commons, f p. [C.O. 28, 6.
Nos. 47, 48.] .
AMERICA AND WEST INDIES.
1702.
April 1.
Whitehall.
April 1.
April 1.
April 1.
Whit.-hnll.
April 2.
286. Mr. Secretary Vernon to the Council of Trade and
Plantations. Her Majesty commands me to send to your
Lordships the enclosed Address of the House of Commons,
whereupon it is H..M. pleasure that you should forthwith lay
before H.M. what account you have from Barbados and the
Leeward Islands of their condition in point of safety against an
Enemy, as also what repairs or new works for defence seem to
require the most immediate care, that orders may be given
accordingly. Signed, Ja. Vernon. Endorsed, Reed. Read April 1,
1702. 1 p. Enclosed,
286. i. Address of House of Commons, March 23, 1701 (1702).
Duplicate of No. 285.i. [C.O. 28, 6. Nos. 49, 49.i. ;
and 29, 7. pp. 489, 490.J
287. Memorandum of preceding letter.
No. 87.]
p. [C.O. 152, 4.
288- J. Thurston to William Popple. I think it my duty to
remind you of a mistake, which hapncd the last year with relation
to the provisions then sent to Newfoundland, that it may be now
prevented, and the mistake accounted for by the Officer in charge,
if the Board sees fit. The mistake was three men's provisions.
Now that H.M. has thought fit to add a ehirurgeon's mate to the
establishment, the provisions for two men are only to be
less'ned in the last year's quantity. You will be pleased also to
move the Board to take into consideration to whom the money
and provisions are to be consigned, and some particular orders
given that no embezlement be made of the provisions sent over
to the detriment of the soldier, the officers lately come from
thence having given out that the Captain sold the malt to the
inhabitants and made the soldiers content themselves with drink
made of the leaves of trees. Signed, J. Thurston. Endorsed,
Reed. Read April 8, 1702. 1 p. \C.O. 11)4, 2. No. G4 ; and
195, 3. pp. 63, 64.]
289. Journal of Council of Trade and Plantations. Letter
from Mr. Secretary Vernon, April 1, read. Ordered that the
Agents of Barbadoes attend to-morrow.
Progress made in the consideration of the state of defence of
the Plantations.
Letter to the Lords Proprietors of Carolina signed.
Letter from Lt.-Gov. Bennet, Jan. 31, read.
Ordered that Col. Quary be desired to bring to the Board on
Tuesday the Representation of the people of the Bahama Islands
against their late Governor.
Letter to Mr. Penn ordered.
Representation upon some Acts of Barbadoes ordered.
The Agents of Barbadoes, attending, were acquainted with
the purport of Mr. Senvtarv Vernon's letter, and they promised
to bring what they had to offer in writing on Saturday. Ordered
that an extract of that letter be sent to Mr. Cary, and that he be
to bring in writing on Saturday what he may have to offer
190
COLONIAL PAPERS.
1702.
April 2.
Whitehall.
April 2.
Whitehall.
April 2.
thereon with relation to the Leeward Islands.
pp. 393-397 ; and 391, 96. Nos. 56, 57.]
[(7.0. 391, 14.
290. William Popple, junior, to William Penn. The
Council of Trade and Plantations having received divers
papers from Colonel Quary and others, which relate to
your Government of Pennsylvania, and particularly the three
Lower Counties ; they would not proceed thereupon without first
giving you such information thereof as may be proper, and
receiving your answer ; to which end they desire that you would
attend them at their Board so soon as possible, they being to
meet on Tuesday next in the morning. [C.O. 5, 1289. p. 402.]
291- Council of Trade and Plantations to the Lords
Proprietors of Carolina. The subject of our letter to your
Lordshipps of the 19th of February last relating to the Act past
in Carolina for the better regulating the proceedings of the Court
of Admiralty there and the fees of the same, appearing to us of such
consequence as to require a report thereon to be made to Her
Majesty, we remind your Lordships that we should be willing to
receive your answer before we make our said report. Signed,
Rob. Cecill, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen,
Mat. Prior. [C.O. 5, 1289. p. 401 ; and 5, 289. p. 90.]
292- Minutes of Council of New York. Various salaries paid.
64/. 12s. Qd. paid to Col. Abraham Depeyster for wine found and
provided by him for the Governor's expedition to Albany.
172/. 9s. %\d. paid to John Depeyster for firewood provided by
him for H.M. Fort William Henry in New York.
21. 15s. 8d. paid to Garrit Viele for running of 1861$. of lead
into small bars for presents for the Indians.
151. 8s. paid to Jonathan Davis for sweeping the chimneys in
Fort William Henry, Dec. 26, 1700 Feb. 4, 1701.
19J. 6s. Gd. paid to John Sharp by consent of John Perry,
carpenter, for work done by him in H.M. Fort in New York.
48J. 14s. 3d. paid to John Depeyster, due to him on the foot
of the account kept by him during his continuance in the office
of Commissioner for managing the office of Collector and
Receiver General.
Petition of Samuel Staats and others read. Ordered that Col.
Caleb Heathcote be served with a copy, and appear before this
Board, and give in his answer to the same on Thursday.
The Receiver General's account of incidents referred to a Com-
mittee. It is the opinion of this Board that Thomas Weaver,
Solicitor General, hath effectually discharged his duty to H.M.
in the prosecution of Col. Bayard and Alderman Hutchins for
High Treason, which Sampson Shelton Broughton, Attorney
General, hath wholly neglected. [C.O. 5, 1184. pp. 643, 644.]
April 293. Minutes of Council of Virginia. Memorandum, that
R o?Wiliam 8e the P atent for Mr. Thacker signed by H.E., March 12, was for part
and Mary. o * tne l an d adjudged due to him by the General Assembly.
AMERICA AND WEST INDIES. 191
1702.
There being no offer yet made for the cargo sent in for the
French Refugees, ordered that notice be given the first day
of the next General Court that the cargo will be exposed for public
sale on Munday the first day of the said Court.
H.E. desired to know if the Committee for Revisall of the
Laws could finish the same in this and next meeting, in which
case it would be convenient to prorogue the Assembly till the
latter end of May.
H.E. recommended to the Committee for the Revisal of the
Laws to take effectual care for the speedy conveyance of publick
letters, as being absolutely necessary, and more especially in
case of war.
H.E. acquainted the Council that, having been present at the
musters of several Counties, he had observed the ill condition of
the Militia, both as to discipline and arms, and that now, upon the
apparent danger of a war, he thought it would be necessary (till
some other wished [sic] were fallen upon) for the more effectual
training and arming the Militia to compleate the number both
of Field and Staff Officers in the several Counties where their
are va[n]cancies, and whereas several of the smaller Counties are
commanded by Lt. Cols., he thought it proper that the Com-
manders in Chief should be made Colonels and also that Lt. Cols,
and Majors should be appointed in each of the said Counties,
and asking the advice of the Council, thev leave yt. matter
wholly to H.E.
Capt. Moodie intimating that he had impressed 3 seamen
from Col. Norsworthy's brigantine that morning arrived from
Saltitudes, H.E. and Council considering that the impressing of
three men from such a small vessel may be a great prejudice to
their owners, who it's probable design to lade her out with
tobacco, and may be thereby incapiciated [sic], ordered that
Capt. Moodie release two of them, if Col. Noreworthey make
application. [C.O. 5, 1409. pp. 207, 208.1
April 3. 294. Governor Codrington to the Council of Trade and
Plantations. I have not any of your Lordships' to answer, not
having had the honour to hear from your Lordships a greate while.
I obliged myself in my last as I had done in some others to give
your Lordships a particular account of our Judicature, but in
?ood earnest, the more I think on that subject, the less able am
to say anything to it, for uncertainty and confusion are
nothing, of which noe account can be given. The reflections in
the pamphlet called Plantation Justice are I fear generally too
well grounded, but I think truly in respect of this Government
'tis more our misfortune than our fault. There is more ignorance
than corruption amongst us, but however the effect is much the
same, and I have seen verdicts, judgments, and indeed whole
processes so very monstrous that I could not but at first suspect
them to proceed from villany and bribery, when upon further
examination I had reason to remaine satisfied they were the medley
offspring of wrong principles, irregular methods and want of
discernment. This might be easily prevented in Barbadoes,
192 COLONIAL PAPERS.
1702.
since there are commonly some good Lawyers, and always an
Attorney and Solicitor General who can find out the Law for the
Judges, when they can't find it out for themselves. And there
are so many Gentlemen who have had the advantage of good
education both at the Universities and Inns of Court that I
cannot but think a set of men might be always found there to
supply two Courts, which your Lordships will I presume think
sufficient for an Island of 28 miles long and 13 broad. In our
Islands wee are not yet so happy. The next generation, I hope,
will be more accomplished. In the meantime I doe and shall
continue to put the best men I can find both into military and
civil places, and endeavor to infuse into them a spirit of honest
ambition to qualify themselves for their imploys, and I humbly
presume my endeavors have not been altogether without succes.
The Gentleman who will have the honour to wait on yr.
Lordsps. with this, is Mr. Yeomans, I had occasion to mention
to vour Lordsps. in my letter relating to Major Martin. He has
beeYi long Chief Justice here, and indeed the only man in all our
Islands that I know of qualified for such a post. He will be able
to give your Lordships the best account that can bee had of our
Courts of Justice, and by entering into the detail with him your
Lordships will know all that is to bee knowne of them. He will
satisfy your Lordships that what with extraordinary ignorance
and laziness in our Judges, the want of knowledge and honesty
in our Deputy Secretarys and Deputy Marshalls, and the
perverseness and incapacity of our Jurys, whom we have no way
of attainting, a thorough reformation is not to be effected without
a great deal of pains and resolution. What I endeavour to
introduce is a plain and summary practise equally degage [sic]
from incertainty and disorder, on the one hand, and a useless
nicety and chicane on the other. The remainder of the letter
is in Codrington's hand. Quoe inanissima prudentiae reperta
sunt fraudis autem et stultitioe plenissima, nam cum permulta
prceclare legibus sunt constituta, ea jureconsultorum ingeniis
pleraque corrupta ac depravata sunt ; if this was true in Tully's
days, 'tis much more flamingly so in ours. I'm sure, my Lords,
I'm very sincere in all my designs for the public ; if I am not
right, I should be heartily glad to be put in a better way. I
therefore once again take leave to remind your Lordships of an
Attorney General, who is extreamly wanted here for the King's
service and my assistance in civil affairs.
M. de Chateau Renault has been for some time in our neigh-
bourhood. We had reason to be on our guard and I believe I was
not wanting in my duty on that occasion. I leave it to the
Public to inform your Lordships into what a posture I have put
our Militia here, even in 2 months' time since I have had a good
Act to support me, and wch. I drew up myself at the request of
the Assembly. This I find is not transcribed, but will be ready
with some others to be sent your Lordships by the next ships.
Signed, Chr. Codrington. Endorsed, Reed. June 25, Read
July 10, 1702. 3 pp. [(7.0. 152, 4. No. 93 ; and 153, 7.
pp. 468-472.]
AMERICA AND WEST INDIES.
1702.
April 4.
Tre*ury
Chamber*.
295. Wm. Lowndes to Mr. Popple. Refers to Mr. Vernon's
l.-ttrr with Address of April 1. My Lords of the Treasury
transmit the same to the Council of Trade and Plantations for
their opinion what they think proper to be done thereupon.
Signed, Wm. Lowndes. Endorsed, Reed. Read April 15, 1702.
1 p. [C.O. 28, 6. No. 51 ; and 29, 7. pp. 505, 506.]
April 4. 296. Agents of Barbados to the Council of Trade and
Plantations. In obedience to your Lordships' commands we
have considered the extract of a letter from Mr. Secretary
Vernon April 1, and the better to enable us to lay before your
Lordships what repairs or new works for the defence of the
Island of Barbados seems to require the most immediate care,
we have consulted the Right Hon. the Lord Grey and Colonel
Kendall, who have been Governours there and have estates in the
Island ; and also other gentlemen who have been lately upon the
place and are considerably interested in the safety of it. And
upon the whole matter, we do humbly represent to your Lordships,
that the present condition of the island is such, that it will IK?
most necessary that the duty of 4J per cent, arising there may
bee immediately applyed for the effectuall repairing the Fortifi-
cations that are already built under the direction and conduct
of honest and skilfuil persons, and also for the building an
Hospitall for the reception and accomodation of sick and
wounded seamen and soldiers, and a Magazeen for the better
security of powder, and other ordnance stores, for as much as the
place where the said stores are now kept is very inconvenient and
unsafe, and is so scituated that it may easily be destroyed by an
enemy's great shott or bombs, that may be thrown on shoar from
ships in the Bay. Signed, Wm. Bridges, Fran. Evles, Rob.
Heysham. Endorsed, Reed. Read April 4, 1702. f p. [C.O.
28,6. No. 60 ; and 29, 7. pp. 490, 401.]
April 4.
Whitehall.
April 4.
297- William Popple to the Agents of Barbados. The Lord
Grey having lately upon his attendance with you at this Board
represented that there was a want of small armes and ammunition
in Barbados without specifying the particulars, the Lords Com-
missioners for Trade and Plantations have commanded me to
desire you to return forthwith your opinion what quantity of such
armes and ammunition are wanted. [C.O. 29, 7. p. 492.]
298. Council of Trade and Plantations to the Queen. We
humbly take leave to lay before your Majesty the Acts past in
several General Assemblies held in Barbados, from the 18th
May, 1697, to the 5th of November, 1700, upon which we have
had the opinion of the late Attorney Generall in point of law,
and having also perused and considered the same, we humbly
offer to your Majesty such Acts as we conceive proper to receive
your Majesty's royall confirmation. The titles whereof are aa
follow : An Act to disable the Judges from pleading and
practising in any of the Courts of this Island, May the 18th, 1697.
An Act to repeal an Act entitled an Act for laying a duty on
C 13
194 COLONIAL PAPERS.
1702.
shipping for the building of peers, and clearing the barr in Carlisle
Road, May the 18th, 1697. An Act appointing a Committee for
settling the publick accompts of this Island, May the 18th, 1697.
An Act to ascertain the duty of Masters of ships, and the Merchants,
for the payment of an impost of powder on the tonnage, June 15,
1697. An Act to enable the Commissioners of the fortifications
to make the new entrenchments, or other works of defence in
any man's land ; and that the owners of such land may be
recompenced their damages out of the publick Treasury,
Sept. 10, 1697. An Act for the settlement of the Militia,
November 3, 1697. An Act to repeal a clause in an Act
intituled an Act to ascertain the duty of Masters of ships and
Merchants for the payment of an impost of powder on the
tonnage, and a supplemental clause to the said Act, Aprill 6, 1699.
A supplemental Act for the further provision of white servants,
May 18, 1699. An explanatory and additional Act to an
Act entituled a Supplemental Act for the further provision of
white servants, May 26, 1699. A further supplemental Act
to the same Act, August the 2nd, 1699. An Act to procure the
Honourable Thos. Sadlier, Esq., late Treasurer of Barbados, such
debts as he has made good to the publick, 17 January, 1699.
An Act for the equal placing out and disposing of such servants
as are now belonging to the country and undisposed of,
27 February, 1699. An Act for raising a levy to discharge the
publick debts, 27 February, 1699. A supplemental Act to an Act
entituled an Act for raising a levy to discharge the publick debts,
8th of March, 1699. And whereas there is also an Act entituled
an Act for the better securing the liberty of H.M.'s subjects within
this island and preventing long imprisonments, which differs from
the Act past here in the 31st year of Charles II, for the better
securing the liberty of the subject and for prevention of imprisonment
beyond the seas in the severall particulars following, vizt.,
Whereas in Barbados it is enacted, that persons committed for
criminal matters (except in cases of treason and fellony) may
petition for a Writ of Habeas Corpus, and that the said Writ shall
be granted within 48 hours after such application ; in the
English Act no time is limited for granting the said Writ. In
Barbados the Provost Marshall is required within 12 hours after
such Writ served on him (the prisoner paying his fees and giving
security that he will not escape by the way) to make return of the
Writ and prisoner before the Judge who granted out the Writ,
and there to certify the true cause of the imprisonment. In the
English Act the Writ is to be returned within three days after
the service, if the party be anywhere within 20 miles of the place
where the Court or Judge resides : but if beyond 20 miles, then
ten days are allowed. In Barbadoes the Judge refusing a Writ
of Habeas Corpus, on view of a copy of the Commitment or upon
oath made that such copy was denyed the prisoner ; or delaying
to discharge the prisoner after the grant of such a Writ, shaU
forfeit 500/. to the party agreived, to be recovered by action of
debt. In the English Act there is 5001. penalty upon the refusall
of the Habeas Corpus, but none upon the delay of discharging the
AMERICA AND WEST INDIES. 195
1702.
prisoner after the grant of such Writ. In Barbados no Provost
Marshall shall imprison any person above 12 hours, except by a
Mittimus setting forth the cause thereof, on pain of 600/. to the
party imprisoned. In tin- English Act there is no clause of this
kind. In Barbados the Provost Marshall neglecting to returne
the Habeas Corpus or refusing a copy of the Committment to the
prisoner, is to forfeit 500/. In the English Act the penalty for
the first offence of this kind is 100/. and for the second offence
2001. and the loss of his place. In Barbadoes, prisoners in cases
of treason or fellony not tryed the next Sessions after their
commitment, or acouitted upon tryall, shall be bailed. The
Judge neglecting to uo his duty herein is to forfeit 500/. and the
Provost Marshall neglecting his is likewise to forfeit 500/. and
suffer 6 months imprisonment without bail or mainprize. In
the English Act prisoners are to petition in open Court for a
tryall. They are to be indicted the first Term or Sessions of Oyer
and Terminer unless it appear upon oath that the King's
witnesses could not be produced. But they are to be tryed the
next Term or Sessions, or discharged, and Judges are to bail
prisoners the last day of the Term, upon motion made in open
Court. In Barbados, persons offending against this Act are to
be impleaded within 3 years. In the English Court it is within
2 years. We thereupon humbly offer that in case your Majesty
be pleased that an Act of this nature be passed, the state of these
differences be given to your Majesty's Governor of Barbados,
that he may accordingly represent the same to your Majesty's
Councill there ; but upon the whole matter, we humbly observe
to your Majesty that no Act of that nature has been before
transmitted from any of your Majesty's Plantations to your
Royall Predecessors, and the late Attorney General!, to whom
we refer'd the same, doubting whether the approving such an
Act may be convenient, we humbly submit the determination
thereof to your Majesty. Signed, Stamford, Robt. Cecill, Ph.
Meadows, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. Annexed,
298. i. List of Acts of Barbados passed May 18-March, 1700.
[C.O. 29, 7. pp. 493-505.]
April 4. 299. William Popple to William Penn. The Council of
Whitehall. Trade and Plantations have commanded me to acquaint you
that they have with reason expected that since your arrivall
from Pennsylvania you would have called upon them at their
Board, in reference to the affairs of Pennsylvania and the three
Lower Counties, and their Lordships having lately received
divers complaints relating to the Laws, to the administration of
justice, the militia and defence of those Provinces, to piracy
incouraged and illegal trade practised there, and other
irregularities, they have further commanded me to acquaint
you herewith, and that they do expect your speedy attendance
by j T ourself or Agent sufficiently empowered ; it being necessary
for her Majesty's service that they forthwith lay a Report of
these matters and the state and security of those Provinces before
H.M. in Councill, which they are unwilling to do, without first
196 COLONIAL PAPERS.-
1702
hearing you. Their Lordships therefore desire to know the
precise time of your comming to town, that all things may be
then ready. And I am further to acquaint you that immediately
upon your coming to town you shall have copies of such papers
as shall be requisite. [(7.0. 5, 1289. pp. 403, 404.]
April 4. 300- Journal of Council of Trade and Plantations. Repre-
Whitehaii. sentation upon some Acts of Barbadoes signed.
Letter to Mr. Penn sent.
Mr. Gary, attending, said that having no instructions from Col.
Codrington, he had nothing to offer in relation to the defence of
the Leeward Islands.
Memorial from the Agents of Barbadoes read. Letter writ
to them [as above, April 4].
Progress made in considering the report to be made upon Mr.
Secretary Vernon's letter of April 1. [C.O. 391, 14. pp. 397,
398 ; and 391, 96. No. 58.]
April 6. 301. Charles Noden to the Council of Trade and Plantations.
The Company of soldiers in Bermu'da have had no money or
subsistance but what Capt. Bennett, the Governor there, has been
forced to supply them with, or they must have starved for six
months past, nothing having been paid here till about a month
since, which I have sent by way of Barbados. When it does
arrive, it will not clear to the time of arrival. Besides it will lie
hard upon the Governor still to subsist them till another return
shall come thither, which time is uncertain. The people of that
Island in all their letters to me express a great deal of joy and
satisfaction in the justice and conduct of their Governor, and
that he is the delight of the whole Island, and that they are much
concerned that he should be discouraged by the smalhiess of the
profits of their Government, for the utmost of the value to support
the dignity and charge of their Governor is but 400Z., whereof
240?. is paid in England, out of which taxes of 5s. per lib. besides
fees are to be deducted. The lands there allotted to the
Governor are but 12 shares, valued at 60?. per annum, which fall
short and are but nine shares. And the fishery there is valued
to the Governor at 1001., to make up in the whole 400?. per
annum, which hath fallen very short for several years, so that
the whole will fall far short of 300?., which I humbly submit
whether your Honours do think a sufficient support of the charge
and dignity of H.M. Governor, besides the burden of advancing
money for subsisting the soldiers. I would humbly represent
that if a Company of 500 soldiers were given to the Governor,
it would not only encourage him under that burthen of sub-
sisting them, but would be some addition of profits, which
might be done now new Regiments are raising here, by calling
that Company one of the Companies of any new raised Regiment,
etc. Offers a vessel to sail for Bermuda at 100?. freight. Signed,
Charles Noden. Endorsed, Reed. 15th, Read April 27, 1702.
1J pp. [C.O. 37, 3. No. 66 ; and 38, 5. pp. 207-210.]
AMERICA AND WEST INDIES. 197
1702.
April 6. 302 Minutes of Council of New York. Judgment of the
Supreme Court in the case of Cruger v. Depeyster confirmed.
Appeal to H.M. in Council granted. Mr. At wood, for defendant,
moved that the costs of the former appeals to H.M. in Council
from the sentence of this Board may be paid to the Defendant.
Referred till next Council Day. Whereas there are several
matters depending in the Court of Exchequer, which cannot be
finished by the time limited in the Ordinance for establishing
Courts of Judicature, Ordinance ordered empowering ana
requiring the said Court to sit as ne"ar as may be according to the
Court of Exchequer in England, until all cases are finally
determined.
Information having been given that the Proclamation of
March 10, having at Jamaica in Queen's County been affixed up
for the Public view, these words have been subscribed thereto,
next to the words ' God save the King ' (and hang .John Xanfan),
the Council request his Honour to issue a Proclamation promising
a reward of 200 pieces of g to such persons as shall discover
within 14 days who hath done the same. Ordered accordingly.
[C.O. 5, 1184. pp. 645, 646.]
April 6. 303. Governor [Commandeur] Samuel Bceckman to the Dutch
Fort West India Company at Middelburg. Signed, Samuel Beeckman.
J Rr m I 6 ! PP- I>"tch. Enclosed,
303. i. Last of papers sent by the De Jonge Jan to the Dutch
West India Company. Dutch. 1 p.
303. ii. List of supplies required for the Colony in River
Essequebo. Dutch. 10 pp.
303. iii. Muster-roll of all the Company's servants. 4 pp.
303. iv. Minutes of Council of Essequebo, Nov. 19 [X.S.], 1701.
Dutch. 2\ pp.
303. v. Minutes of Council of Essequebo, Oct. 29 [N.S.], 1701.
Dutch. 2 pp.
303. vi. Minutes of Council of Essequebo, Nov. 19 [N.S.], 1701.
Dutch. l\ pp.
303. vii. Minutes of Council of Essequebo, Oct. 18 [N.S.J, 1701.
Dutch. 1\ pp.
303. viii. Minutes of Council of Essequebo, Jan. 2. [N.S.], 1702.
Dutch. 6J pp.
303. ix. Regulation and Warning of the Court of Policy,
Oct. 18 [N.S.], 1701. Dutch. l\ pp.
303. x. Minutes of Council of Essequebo, Jan. 21 [N.S.],
1702. Dutch. 3 pp.
303. xi. Minutes of Council of Essequebo, April 3 [N.S.], 1702.
Dutch. 2J pp.
303. xii. Minutes of Council of Essequebo, Feb. 20 [N.S.], 1702.
Dutch. 3J pp.
303. xiii. List of persons sailing in the De Jonge Jan. Dutch. I p.
303. xiv. Inventory of all the effects of the Dutch West India Co.
under the charge of Samuel Beeckman, Commandeur
of the Colony of Eesequebo, etc., March 7 [N.S.], 1702.
Dutch. 29$ pp.
19 g COLONIAL PAPERS.
1702
303. xv. List of Medicines required for the Colony of Essequebo.
Dutch. 2 pp.
303. xvi. Inventory of the cargo of the De Jonge Jan, consigned
to the Dutch West India Company. The shipment is
given from each Plantation. Dutch. 3 pp.
303. xvii. Copy of petition of the Planters to Samuel Beeckman,
Governor of Essequebo, and Council. Dutch. 1 pp.
303. xviii. Petition of the inhabitants on behalf of Capt.
William Wanton, to the Governor and Council of
Essequebo. Dutch. 1| pp.
303. xix. Will of Jan Dons, deed. Dutch. 2 pp.
303. xx. Account of provisions imported from New York,
Barbados, etc., Aug. 10 [N.S.], 1700. Dutch. 2 pp.
303. xxi. Certificate concerning the cargo of the De Jonge
Jan. Dutch, f p.
303. xxii. Extract from the Order of Council of Essequebo,
Oct. 18 [N.S.], 1701, as to passports for departure.
Dutch. 1 p. [See British Guiana and Venezuela Boundary,
No. 3 (1896).]
303. xxiii. Sketch Plan for a Fort. 1 p.
303. xxiv. List of subscriptions for the Minister, Jodocus
Bate, April 10 [N.S.], 1702. Dutch. 1 p.
303. xxv. Declaration of voluntary subscribers for the
Minister, Jodocus Bate, Fort Kijkoveral, April 3 [N.S],
1702. Dutch. $ p. [C.O. 116, 19. Nos. 10, lO.i.-xxv.j
[April 7.] 304. Col. Quary to the Council of Trade and Plantations.
Some heads for the erecting of Companies in order to the carrying
on a Trade with the Indians, so as to make it an advantage and
security to H.M. (1) That H.M. grant Letters Patents to a Joint
Stock Company for the whole Trade for 21 years. The Company
to be obliged to furnish such a number of fighting men as shall be
thought necessary for the security of the Frontiers, who are to
be well armed, etc. That the Government shall assign on the
Frontiers, at such a distance from the settlement, and in such a
place as they shall think most for their security, 200 acres for
a place of cohabitation, in which shall be built a Fort and
Storehouse. A certain number of men to reside there always,
the rest to carry on -the trade with the Indians with all the
justice and kindness imaginable. No person concerned in the
management of the Trade shall be liable to pay any county or
parish levies and shall be exempted from all military commands,
but what shall be settled amongst themselves. This will save
the country the great charge of maintaining troops of Rangers
on the Frontiers, but will hi no ways answer the end unless
Albany be well secured. Signed, Robt. Quary. Endorsed, Reed.
April 7, 1702. 1 large p. [C.O. 323, 3. No. 121 ; and 324, 8.
pp. 111-114.]
April 7. 305- Col. Quary to the Council of Trade and Plantations.
Memorial on the behalf and by the Order of the Representatives
of the Three Lower Counties adjoining to Pensilvania. The
AMERICA AND WEST INDIES. 190
1702.
inhabitants of those Counties, being H.M most faithful and loyal
subjects, do most heartily and solemnly declare that on all
occasions they are ready and willing to hazard their lives and
fortunes, and all that is dear to them, in defence of H.M., against
the pretended Prince of Wales, etc. Mr. Penn hath assumed
and exercised all powers of legal Government in the Three Lower
Counties for about 18 years by calling Assemblies, levying money,
erecting Courts, which they humbly conceive could not be done
but by a Commission under the Great Seal of England with
Instructions to ascertain the rules, methods and limetts of the
said power, none of all which Mr. Penn ere had, whereof they
humbly desire your Lordships will examine Mr. Penn's power of
Government over them. The inhabitants of the said Count v[s]
by their labour in planting tobacco do very much advance rf.M.
Revenue. They are exposed to all the danger and misery
imaginable from any enemy or pirate, being the frontier to
Pennsylvania, and having neither Militia, arms, ammunition
or any Military Commission, though they have often addressed
themselves to Mr. Penn, yet hitherto without the least redress.
They have lately felt the fatal effects of their being thus nuked
and defenceless, having been most barberously robbed and
plundered by pirates, not being able to defend themselves.
Notwithstanding they are thus miserably exposed to all enemies
by sea and the Indians by land, yet Mr. Penn hath lately received
into his Government several Nations of strange Indians, some
of those being supposed to have murdered many of H.M. subjects,
wch. Indians are very well supplied with arms and ammunition,
so that it is in their power to kill and destroy H.M. subjects when
they please, the consideration of which gives a very great dread
and terror to the inhabitants.
The inhabitants are exposed to all the miserys imaginable, their
lives, liberties and properties being taken from them by the
arbitrary will of persons not qualified by Law, neither the Judges,
Jury nor evidence being under the obligation of an oath, or the
% affirmation allowed them here by Act of Parliament, and that
which makes their condition the more deplorable is that they
should enduer all this misery from the Quakers' arbitrary
Government, when at the same time there are but very few
Quakers in any of the Three Lower Counties.
I am instructed and empowered to implore your Lordships'
favour in making such representation to H.M., as may induce
her to take those three Counties into her immediate protection,
so as they may be defended and protected from all H.M.
enemies by sea, and also be freed and secured from the eminent
danger they apprehend from the Indians, which will make them
\\ith cheerfulness to enjoy the fruits of their labour and industry
and thereby augment H.M. Revenue. All that they have further
to desire is that they may enjoy the same rights and liberties of
English subjects which H.M. is graciously pleased to allow to
all her subjects in the rest of Her Majesty's Plantations.
Signed, Robt. Quary. Endorsed, Reed. April 7, 1702. 2 pp.
[C.O. 5, 1261. No. 72 ; and 6, 1289. pp. 405-408.]
200 COLONIAL PAPERS.
1702.
[April 7.] 306. Col. Quary to the Council of Trade and Plantations.
A scheme for the better regulating the Militia in America. (1)
That the Militia in every Province do consist of all Freemen
between 16 and 60, unless reasonable cause to the contrary shall
be alledged. (2) That all persons coming into any province
be obliged to list themselves in some one Company within six
weeks after their arrival. (3) That the command of the Militia
in every Province be given to such persons, who by H.M.
Commission shall be fitly qualified. (4) That it be formed into
independent companies of foot, or when it can be obtained,
of troops of dragoons, armed as foot, which are the most useful
forces for the defence of the country. (5) To prevent disputes,
each Captain to take place in action or in exercising according
to seniority. (6) In this distribution into dragoons or foot, the sub-
stance and ability of each Freeman to be considered, that the
charge of defence may lie equally on the poor and rich. (7) The
arms, etc., to be provided at the public expense and of uniform
bore, etc. The officers in each troop or company to be answerable
for them, and to see them brought clean, etc., every day of
exercise, which ought to be once in three months or oftener. (8)
That such persons as Quakers, or others that are conscientiously
persuaded they ought not on any account whatsoever to use arms,
which opinion shall be certified under their hands, shall be obliged
to do equal duty on some public works of the Province, and
furnish their quota agreeable to their estates for to be laid out
- for the providing arms, etc. (9) That no soldier when com-
manded on service in time of war be suffered to desert or -to
commit any action inconsistent with the strict rules of discipline,
but during the time of war be subjected to the same rules and
penalties as H.M. regulated forces ; that printed Regulations be
sent into the Plantations, and read at the head of every troop
or company. (10) That hi case any Colony be invaded either
by sea or land, on application from the Governor, a detachment
be immediately made for their assistance out of the Provinces,
contiguous to them of a tenth or fifth man out of each^troop or
company, as by the Governor and Council shall be judged
necessary. (11) That the expenses any Province is at in the
maintenance of forces to resist an enemy actually entered into
their own or a neighbouring Province be paid out of a due quota
collected out of all the Provinces contiguous to the invaded
Province. (12) That an Act for these purposes be drawn into
form and transmitted to be passed into a Law by the General
Assembly of every Province, obliging to the duties mentioned,
and ascertaining the penalties. And in case any of them should
refuse to pass such a Law, that it be humbly represented to
Parliament by an Act made here or otherwise to oblige them
thereunto. Signed, Robt. Quary. Endorsed, Reed. April 7, 1702.
2 pp. [C.O. 323, 3. No. 122 ; and 324, 8. pp. 107-111.]
[April 7.] ^ 307. Inhabitants of the Bahama Islands to the Council of
Trade and Plantations. The Humble and just Remonstrance
of H.M. poor distressed subjects, late under the arbitrary and
AMERICA ANT) WEST INDIES.
1702.
tyrannical Government of Elias Haskett, commissionated under
the Lords Proprietors. Many and great have been the grievances
and oppressions that .we have groaned under from several former
Governors for at least seven or eight years past, which with
often and repeated supplications we have address 'd the Lords
Proprietors for relief therein, who have hitherto not so much as
taken notice thereof, but on the contrary, our original petitions
and complaints, signed under our hands, have been brought back
by the succeeding Governors, who have mode use thereof to
punish the persons petitioning, to terrify others to do the like
for the future, so that at present we are brought to that pass,
that it is the greatest of crimes for the injured to complain. This
is the absolute cause and occasion of our laying before your
Lordships our present state under our late Governor (who hath
not yet been six months amongst us), omitting all our former
miseries, \\hich would be too tedious to enumerate, but have
been much of the same nature, all tending to the same end, vizt.,
self-interest of the Governors, to the destruction and ruin of the
subject and country. Annexed,
307. i. A Breviate of sundry Articles shewing the absolute
and necessary cause and reason of deposing and taking
into custody Elias Haskett, late Governor of Providence,
for his arbitrary and tyrannical Government, until
H.M. and Lords Proprietors' pleasures be further
known. (1) As the first and principal! introduction to
the well being and Christianlike living of the inhabitants
in all Governments is the incouragement of the Church
and Ministry, Elias Haskett hath on the contrary some
small time after his arrival here denyed the country to
allow their Minister his constant salary (and to that
purpose made void by his own power an Act appointed
for the confirmation thereof) which salary was raised
by a duty on liquors and sugars imported, and Haskett
at his arrivall bringing a large quantity of both (the duty
of which amounted to a considerable sum) was
absolutely the cause and reason thereof, and hath so
far proceeded to vilify the present Minister (a man of
worth), threatning to have him whipt through the
town, that by his means the Gospel hath not been
preached, nor any Ministerial function exercised
amongst us for some months past. (2) By his own
arbitrary power and authority he hath illegally taxed,
and imposed upon H.M free-born subjects and
inhabitants of this Government a considerable quantity
of braziletto wood, the chief commodity of the country,
to the value of three hundred and odd pounds, to be cut
by men for his use as a present which he says ought to
be given to him, but extorted from the poor inhabitants,
denying them all trade or commerce whatsoever till it
was done. (3) Such persons that would not conform
to these unlawful and intollerable impositions, he
immediately (upon denyal thereof, on any sham pretence)
202 COLONIAL PAPERS.
1702.
puts into close prison and in irons, where they are so
strictly confined that their nearest friends and relations
are denied either sight or conversation with them.
By which barbarous usage several persons have been
forced for safety of their lives to ransome themselves
by large sums of money, some 100Z., others 50J. and so
proportionably to their abilities. And all this done,
both imprisonment and discharge, without any manner
of process whatsoever, but by his own verbal order.
(4) He demands the ^th of all braziletto wood cut for
the use of the Lords Proprietors, contrary to all former
Instructions given to any of their former Governors,
as also the th of Tortoise-shell, never before so much
as demanded, or thought of, to the great discouragement
of the inhabitants to seek or labour for those com-
modities. (5) His Commission and Instructions relating
to the demanding of the aforesaid duties in the behalf
of the Lords Proprietors being required by the Council
to be perused and recorded, as usually heretofore done
by all former Governors, was by him denied to be shewn
or produced. (6) He imposes excessive port charges
on all vessels trading hitherto, contrary to all Laws
heretofore made, or now in being, both upon strangers
and inhabitants, to the ruin and discouraging of all
trade and commerce. (7) He denies and makes void all
Acts heretofore made in the time of the late Deputy
Governor. Yet on several occasions, where any Laws
so made serves himself, he will allow of them. (8)
Instead of calling an Assembly, for to enact new Lawes,
or confirming of those heretofore made (which he calls
illegal and void), he prevents all further meeting of an
Assembly to regulate those matters, and prorogues,
and dissolves at his own pleasure, and, when an Act
against monopolizing was sent to him and Council for
confirmation, he ordered it should not be read, but
thrown from the Board, and immediately prorogues the
Assembly for six months. (9) Whereas the principal
business of all Governments is the keeping the Peace,
and safety of H.M. subjects, he on the contrary with
his own hands beat and abused several Masters of
vessels trading to this part, for only asking whether
there was an Act of the Country for the exorbitant fees
imposed on them, which by their largeness was
reasonable to be demanded. (10) He being modestly
asked by some indifferent persons how such unrea-
sonable fees, and several fines could be imposed contrary
to Law, made a short but tyrannical reply, " There
is no Law in your Country. What cannot I do ? "
(11) In a tiniu of great scarcity for provisions, when
the inhabitants were ready to starve, he monopolized
a large quantity of corn and disposed of it to a Spanish
and Portuguese ship, which was transported out of this
AMERU \ \\D WEST INDIES. 203
1702.
Government, to the great oppression of the poor
inhabitants, and did declare that if the said corn were
not sold to himself, the owners should not have the
disposal of it. And traded for a considerable value
\vith the said ship. (12) He demands and receives from
6/. to 9/. for each licence to marry, and denies the banns
of matrimony to be published in Church according to the
Canons thereof. By which means the honest intentions
of several poor people, who cannot comply with his
unreasonable demands, may by such methods be (in a
manner) forced to live disorderly and incontinent lives.
(13) Notwithstanding H.M. Commissions granted to
several persons here for the executing the offices of
Vice-Admiral, Judges and other Officers of the Court
of Admiralty, he hath constituted and appointed the
said several officers by virtue of his own Com mission, and
in this, as well as in all other Courts of Judicature, acts
by the same arbitrary power and authority, as by
sundry examples of that nature are ready to be made
appear. (14) To strike at the very root of trade,
intelligence, commerce and all correspondence whatso-
ever betwixt merchants and all others, he from the very
first intercepts all letters, accounts, bills of lading, and
all other papers whatsoever, which he breakes open and
detains as he thinks fit, and to that purpose imposes an
unlawful oath on all Masters of vessels to declare and
deliver to him all letters they either bring in or carry
of the Government. (15) What little trade remains
in the Government (which decreases by his several
illegal impositions thereon) is all centered in himself,
no person being suffered scarce to ask the price of
a commodity imported, before he has refused to
buy it. (16) To make appear the regard he has
to H.M. Officers and interest in this Government,
he most inhumanly beats and abuses H.M. Collector
here, and orders him to be put in prison and irons
and his boat to be sunk, whenever he went aboard
of any vessel to execute his office. (17) After a
seizure made of a parcel of claret and brandy brought
from the French Port of Cape Francoi in Hispaniola,
he orders it to be appraised by two persons by him
appointed for that purpose at an inconsiderable value,
and takes it all to himself, never suffering a public sale
to be made thereof, as is usual in those cases, that H.M.
might not be defrauded in his part of the true value.
(18) In a small time after, he hires a vessel himself,
and gives orders to* the Commander and Company
privately to cut a load of braziletto wood amongst
some of the Islands of this Government, and the same to
carry to the aforesaid French Port of Cape Francoi,
and there to be disposed of, and returns made to him
in alamode silks and other French goods and privately
204 COLONIAL PAPERS.
1702.
to be landed in this Island. And this sort of trading,
so prejudicial to H.M. interest, breach of sundry Acts
of Parliament, and perticularly to his own oath taken
as Governor, he had laid a foundation to be continued so
long as the Master and Company so imployed thought
fit, and encouragement to all the men to bring what
goods they pleased for themselves. (19) In the Courts
of Common Pleas and other Courts of Judicature,
established by the Laws of this Government consistent
to the Laws of England, in those cases he hath imposed
double fees for all proces and matters therein, and hath
constituted one of his own servants Clerk of all the
said Courts, and preposterously to act and plead as an
Attorney, also therein denying any other. The whole
profits of which intolerable and exorbitant fees by him
so imposed, coming all to himself. By which means
Right and Justice is bought and sold by him.
(20) Whereas most of the inhabitants have, and con-
stantly have had sundry parcels of brazilletto wood cut
in several of the adjacent Islands, in order to bring to
this Port for transportation, he hath often (and by many
orders to that end to masters of vessels employed in his
service) given Instructions to take and load the same
for his own proper use, which can be no ways better
termed than perfect robbery. (21) In all matters and
proceedings of Government, he hath never so much as
advised or consulted with his Council, which by his
Instructions he ought to do, but by his own arbitrary
power hath laid embargoes, put out Proclamations,
and done several other acts and things, and made it
a high crime for any to ask the reason thereof.
(22) He hath taken up sundry persons on pretence
and suspicion of piracy, and on which account made
seizure and taken into custody all their effects, and
after a hard and severe usage, and strict confinement
in irons, and being sufficiently harassed, hath sent
them private notice what sum of money should purchase
their freedom, which accordingly when paid him, they
have been discharged. (23) He by his private letters
writ to some of his friends in England gives them this
account, that he had not been in his Government quite
two months, and yet had got 2,000/. and hoped by next
spring to send home 10,000 more, which he might well
do by his forerecited illegal waies and methods,
pursuant to which he often and openly declared he would
not leave any one man in his Government worth 100?.
before he had done with them. And by vilifying and
defaming us, the inhabitants, to your Lordships, he
supposes you would not hear any complaints against him.
(24) And to put a fair gloss upon all these arbitrary and
tyrannical ways, he appointed a General Muster,
Sept. 25, 1701, and having designedly drawn off the most
AA!Kl:l< A AND WEST INDIES. 205
1702.
substantial and sencible persons of the country, orders
a great Quantity of liquor to be given to the remaining
part of the poor ignorant people, who having plentifully
drank and intoxicated themselves, a paper was produced
to them to be signed in the name of the whole Country,
the intent and meaning of which was not mentioned to
them, but only told that there was no injury in it, but
it was to the interest of the Government and refitting
of the Fortifications, upon which about 20 or 30
illiterate persons signed it without further examination,
but when afterwards examined and discovered, it was
an Address to the Lords Proprietors, giving them thanks
for making choice of so good a person as Elias Hawkett
for their Government, who corrected vice, encouraged
virtue and trade, with several other high encomiums
diametrically opposite to the rules and methods he has
used.
We pray you will take into your serious consider-
ation some speedy methods for our future safety and
preservation, by representing this our condition to H.M.
and Council or Parliament, that this Island of Providence
may be defended from a foreign enemy, and its poor
inhabitants protected in their lives and fortunes from
such grievances, oppressions they have so lately
suffered under, one great cause of which, we have just
reason to suppose, was the unhappy arrival of Every
here, together with the Dutch wreck, from both which
the former Governour at that time having gained a con-
siderable sum of money, which hath made so great a
noise in the world that the succeeding Governors
promising themselves the like success, and being
frustrated therein, have betaken themselves to all
illegal and irregular ways to ruin the inhabitants, to
answer their ends, which hath caused one remark to
be made in this new Settlement (never known in any
other in America before) that for this seven years past
there hath not come from an}- foreign part above three
families to settle here, that have brought the value of
401. with them, and for no other reason than the
avaritiousness of our Governours, who have created a
terror in those who have only come to take a view of
our Country, with a design to have settled amongst us.
Signed, Elias Lightwood, President elected for the
time being, in behalf of the inhabitants in general.
Endorsed, Reed. Read April 7, 1702. 10 pp. [C.O. 5,
1261. No. 73; and, 5, 1289. pp. 409-425.]
April 7. 308. Nicholas Trott to the Council of Trade and Plantations.
The Lords Proprietors appointed Nicholas Trott to be Attorney
General, and Advocate General of South Carolina, and Naval
Officer of Carolina, Feb. 5, 1697. The latter appointment was
approved by the Commissioners of Customs March 18, 1697.
206 COLONIAL PAPERS.
1702.
After tendering his Commissions and approbation to Governor
Joseph Blake and Council, Trott was sworn Attorney General
and Naval Officer of Carolina, but not Advocate General, the
Governor and Council acquainting him that H.M. had taken the
Admiralty Jurisdiction into his own immediate power, but that
one Mr. Jonathan Amory was appointed Advocate General by the
King's Commission under the Great Seal of the Admiralty.
Whereupon Trott waived his claim. He entered upon his offices
and fulfilled them to the satisfaction of the Commissioners of
Customs for about six months. Upon the arrival of the Cole
and Been galley in Carolina Dec. 6, 1699, Governor Blake writ
a letter to Mr. Bellinger, whom he appointed Collector of H.M.
Customs in Carolina (and continued in the said office till the Cole and
Been was condemned, notwithstanding that Thomas Broughton
was appointed Collector by deputation from the Commissioners
of Customs in London), to seize the Cole and Been under pretence
of her not having a Register in due form, and desired Bellinger
to speak to Trott to prosecute her in the Court of Admiralty in
Carolina as Advocate General, Mr. Amory, the King's Advocate
being dead. Trott replied that, without he had a Commission
from the King, he would not act as Advocate General, since the
King had taken the Admiralty Jurisdiction into his own power,
and withal gave his opinion to Bellinger that the Cole and Been
ought not to be seized, for that her certificate from the Custom
House at London was what was required by the Act for preventing
frauds, etc., and that if it did not mention that it was persuant
to the said Act, if was only want of form. All that they could
justly do was but to oblidge them to give security to produce
a register in better form. But the Cole and Been and her lading
being worth several thousand pounds, Governor Blake was
resolved to have her seized, he being sure of having her con-
demned in the Court of Admiralty, where Joseph Morton, his
brother-in-law, sate sole Judge, and Mr. Bellinger, the Informer,
was Deputy -Judge, by commission from Morton, and so had an
influence upon him ; and whom the better to encourage in the
condemning of the ship, Mr. Blake and Mr. Bellinger allowed
Judge Morton 136/. 15s. Qd. for his fees, whereas, if the vessel
and her lading had been acquitted, he had had only such fees as
was allowed by the Act of Assembly which were inconsiderable
in comparison. Upon the trial, Trott being in Court as a
spectator, seeing how unjustly Judge Morton proceeded, being
resolved, right or wrong, to condemn the ship, Trott offered to
move some things in favour of the owners, but the Judge would
not hear him, and upon the condemnation, Trott urged that the
owners ought to be allowed an appeal to England, which Judge
Morton positively denied, for that, if the owners had been allowed
an appeal, upon security given they might have their ship and
goods, which they were resolved to share amongst them. Upon
Trott's refusing to prosecute the Cole and Been as aforesaid,
Governor Blake and Judge Morton and the rest of his Council
on Jan. 20, J^-, suspended him from the execution of his
offices of Attorney General and Naval Officer of Carolina, and
AMERICA AND WEST INDIES. 207
1702.
Trott making his application to the Lords Proprietors for relief,
could never have any decision of his business, but is still kept out
of the said offices, and the salary and perquisites thereof.
Notwithstanding Trott was thus suspended, H.M. by Order in
Council, Oct. 22, 1700, allowed the owners an Appeal, and on
July 31, 1701, on hearing the appeal, the decree of the Court of
Admiralty in Carolina was reversed by the Lords Justices in
Council. And the denying of an appeal in that case is given into
the House of Commons by the Council of Trade as one of the
irregularities in the Government of Carolina for which the
Propriety ought to be dissolved. Which is certainly a sufficient
justification of Trott in speaking in behalf of the owners, as above,
when he was most unjustly suspended, for the reasons above, as
will appear by their own order of suspention. The malice of
Governor Blake and his Council did not cease there. Trott
being retained on behalf of the Administratrix of the estate of
Jonathan Armory [sic] in an action brought against her by Joseph
Blake as Governor, Judge Morton and James Moore, whom Blake
had made Chief Justice of the Court of Common Pleas, and
others in behalf of the weal public of Carolina, James Moore would
sit sole Judge of the cause, though one of the plaintiffs. Nicholas
Trott gave in reasons in behalf of his client in arrest of judgment,
one of them being that " Joseph Dudley, one of the plaintiffs in
the declaration is styled Governor, when he hath no Commission
for Governor of Carolina from the Lords Proprietors, neither is
he allowed and approved of by H.M. according to the Act, and
therefore cannot maintain an action as Governor." Whereupon
Blake, Morton and Moore, all of them plaintiffs in the action,
and Edmund Bellinger, on whose account the action was brought,
did affirm that the giving the said reason by Trott was an Act
seditious, a notorious breach of H.M. Peace, tending to the
distraction and disturbance of the people and the alienation of
their affection from H.M. and his Government here established,
and ordered the Marshall to apprehend him and him in gaol
to keep till he enter into recognizance with sufficient sureties to
appear at the next Sessions, and in the meantime to be of the
good behaviour, and James Moore, Judge of the Common Pleas,
silenced Trott from pleading in the Courts. Which said Moore,
since the death of Blake did assume the Government of Carolina,
and he also still keeps the same without any Commission from
the Lords or confirmation from the King, tho' there have been
more than sufficient time for him to have obtained his con-
firmation in the said Government. Signed, Nicholas Trott.
Endorsed, Reed. April 7, 1702. Reed, from Col. Quary.
2$ closely written pp. [C.O. 5, 1261. No. 14.]
[? April 7.] 309. Minute of Council of Carolina, Charles Town, Jan. 20,
44$$ ; suspending Nicholas Trott from his offices of Attorney
General and Naval Officer in Carolina, with a copy of the
Governor's Instructions relating to suspension. The grounds
given are that Edmund Bellinger said Trott promised to appear
on behalf of H.M. at the trial of the Cole and Bean galley, but at
208 COLONIAL PAPERS.
1702.
the end of the trial said he would not appear for the King, and
what discourse he made was in favour of the galley, though he did
not appear for her. 1| pp. [(7.0. 5, 1261. No. 75.]
[? April 7.] 310. Copies of the Order of Joseph Blake and Council to
bind Nicholas Trott to his good behaviour, Aug. 17, 1700, and
of his recognizance (as described by Trott above). 1 p. [C.O. 5,
1261. No. 76.]
[? April 7.] 311. (1) Copies of appointments of Nicholas Trott to be
Attorney General, Advocate General and Naval Officer of South
Carolina, Feb. 5, 1697. Signed, Bath, Palatine, A. Ashley, Craven,
Bath for ye Lord Carteret, Wm. Thornborough for Sir Jon.
Colleton, Tho. Amy.
(2) Copy of approval of the Commissioners of Customs.
Custom House, London, March 18, 1697. Signed, Walter
Yonge, Sam. Clearke, Ben. Overton, Jo. Austen.
(3) Copy of Bond for Nicholas Trott's performance of his duty
as Naval Officer. Signed, Nicholas Trott (? Senr.), John Trott,
March 18, 1697.
(4) Commissioner of Customs to Nicholas Trott. Acknowledging
receipt of lists of ships forwarded by Nicholas Trott. Custom
House, London, Jan. 31, 1699. Signed, Sam. Glearke, Ben.
Overton, Robert Hendley, Wm. St. Quintin. Copy. The
whole 3 pp. [C.O. 5, 1261. No. 77.]
[April 7.] 312. (1) Copy of Declaration of Claim of Governor Blake,
Joseph Morton, James Moore and other Commissioners appointed
for executing the Act for appropriating money for fortifying
Charles Town v. Sarah Rhett ; administratrix of Jonathan
Armory, merchant, late Public Receiver, deed. 100Z. due to
Capt. Edmund Bellinger is claimed. July 20, 1700.
(2) Copy of Order of above Commissioners to Madam Sarah
Rhett to pay Bellinger 100?. " in dollars at 5s. the dollar."
(3) Copy of the demurrer of Sarah Rhett, Aug. 15, 1700, that
the Declaration of Plaintiffs' claim is not sufficient for them to
maintain their action ; and
(4) that James Moore, one of the Plaintiffs, cannot sit Judge
in his own cause. Signed, Nicholas Trott, pro Defendant.
(5) Copy of Reply of above Commissioners that their
Declaration of claim above is sufficient in Law for them to
maintain their action. Signed, Henry Wigington, pro Defendants.
The whole, 4 pp. [C.O. 5, 1261. No. 78.]
[? April 7.] 313- Reasons offered by Sarah Rhett (see preceding) for
arrest of judgment. (See Memorial of N. Trott above.) Aug. 17,
1700. Signed, Nicholas Trott for the Defendant. 2 pp.
[C.O. 5, 1261. No. 79.]
[April 7.] 314. Minutes of Council of Carolina, Sept. 11, 1700. James
Moore elected Governor, objection being taken to the Landgraves,
Morton (for accepting a Commission as Judge of the Admiralty
AMERICA AND WEST INDIES.
1702.
from the King) and Bellinger (for accepting a Commission from
Morton as Deputy Judge of the Admiralty). Endorsed, Rtxd.
from Col. Quary. Reed. April 7, 1702. Copy. 21 m>.
[C.O. 6, 1261. No. 80.]
[April 7.] 315. Copy of an Act prohibiting the importation of
Tobaccoes from Carolina and other parts without the Capes into
Virginia. Endorsed, Reed. April 7, 1702. 1J pp. [C.O. 5, 1312.
No. 31.]
April 7. 316. Journal of Council of Trade and Plantations. Col.
Whitehall. Quary attending presented several papers to the Board.
Further progress made in the report upon Mr. Secretary
Vernon's letter, April 1.
April 8. Memorial from Mr. Thurston, relating to a mistake in the
provisions sent to Newfoundland last year, and to some abuses
on the disposal of those provisions there, read. Ordered that he
acquaint the Victuallers of the Navj- of the mistake, and their
Lordships what proof he has of those abuses.
Report on the state of defence of the Plantations further
considered. Ordered that Col. Dudley be desired to inform the
Board what orders have been given by H.M. or the late King in
reference to New England, and what hath been done in execution
of any such orders since his being appointed Governor.
Ordered that the Secretary send to Mr. Attorney General for
the Acts of Pennsilvania that are in his hands and for an answer
to the letter of Oct. 29 last.
April 9. Col. Dudley's reply read.
Letter to Mr. Burchet about Newfoundland provisions
ordered. Mr. Lawton offered several reasons in excuse for Mr.
Penn's giving [?c] out of town without attending on the Board,
and being told that the Report to be made upon the complaints
that lie before their Lordships relating to Pennsilvania, require
dispatch, he promised to write this night to Mr. Penn in order
to hasten his return.
Mr. Bird desiring their Lordships to appoint him a day to be
heard upon the Virginia Address relating to the assistance
required for New York, he was told that the Assembly's
transmitting their Address to the Queen by him, as a particular
Agent directly from themselves (there not being in the said
Address or otherwise any matters of complaint against the
Governor, through whose hands it ought to have been conveyed,
and Mr. Bird also acknowledged that the Governor had done his
duty, and that the Assembly nave nothing to object against him)
is an irregular way of proceeding ; but that nevertheless their Lord-
ships would consider the Address and report their opinion there-
upon to Her Majesty. Mr. Perry also attending, said that though
there was no complaint against the Governor upon account of his
zeal in pressing the Assembly to comply with the quota required,
he having done his duty therein, yet the People were very uneasy
at the proposal, and he therefore prayed that a letter might be
writ to the Governor signifying H.M. pleasure upon the Assembly's
<? U
210 COLONIAL PAPERS.
1702.
Address. In relation to the defence of that Province, he said
that he had by the last ships sent over arms for several hundreds
of the Militia both horse and foot, that he believes the people
in general will provide themselves with arms, but nevertheless
he desired that H.M. might be moved to send thither such arms
as in the present conjuncture might be thought fitting. [C.O.
391, 14. pp. 399-406 ; and 391, 96. Nos. 59-61.]
April 8. 317. Copy of an Act for reuniting to the Crown the
Government of several Colonies and Plantations. Whereas by
virtue of several Charters and Letters Patents under the Great
Seal of England passed and granted by several of his Majesty's
royal Predecessors, as also by his present Majesty and the late
Queen Mary of blessed memory, the several Colonies, Provinces
and Plantations of the Massachusets Bay, New Hampshire, Rhode
Island and Providence plantation, Connecticut in New England,
East and West New Jersey, Pennsylvania and the adjacent
territories, Maryland, Carolina and the Bahama or Luca Islands
in America, have been granted unto several persons, together
with the absolute government or authority over his Majesty's
subjects in those places, whereby the grantees were not only
made Proprietors of the soil and lands comprehended within the
said places, but also Lords and Governors thereof ; and whereas
the severing of such power and authority from the Crown and
placing the same in the hands of subjects hath by experience been
found prejudicial and repugnant to the trade of this Kingdom and
to the welfare of H.M.'s other Plantations in America and to H.M.'s
revenue arising from the Customes, by reason of the many
irregularities committed by the Governors of these Plantations and
by those in authority there under them, by encouraging and
countenancing pirates and unlawful traders and otherwise.
Be it therefore enacted, by the King's most excellent Majesty,
by and with the advice and consent of the Lords Spiritual and
Temporal and Commons in Parliament assembled, and by the
authority of the same ; that all and singular the clauses, matters
and things contained in any Charters or Letters Patents heretofore
passed under the Great Seal of England by any of H.M.'s royal
Predecessors or by his present Majesty and the said late Queen,
relating to the government of H.M.'s subjects within the said
Plantations, Colonies or places, or any of them, or within any
other Plantation, Colony or place in America, whereby any power
or authority is granted to any person or persons from the Crown,
be and is hereby declared and enacted to be utterly void and of
none effect. And it is hereby further declared and enacted that
all such power and authority, priviledges and jurisdictions be and
are hereby reunited, annexed and vested in his Majesty, his heirs
and successors, in right of the Crown of England, to all intents and
purposes, as though no such Charters or Letters Patents had been
had or made ; Provided always that nothing herein contained
shall be construed to extend any ways to alter, take away,
diminish or abridge the right or title, which any person, persons
or bodies politick or corporate have or lawfully may have or
AMERICA AND WEST INDIES.
211
claim to any land, tenements or hereditaments or any other
matter or thing (authority and government only excepted) by
virtue of the said or any other Charter or Letters Patents by any
mean assignments or conveyances or otherwise howsoever;
Provided also that nothing in this Act contained shall be con-
strued to impower his Majesty, his heirs or successors to govern
the said Plantations, Colonies or places or any of them or the
inhabitants thereof otherwise than according to the Laws in force
in the said Plantations and places respectively, not repugnant to
the Laws of England, and such other laws and constitutions as
shall from time to time be made by the General Assemblies of
the said respective Plantations according to the several and
respective priviledges, as at any time heretofore granted to the
said several Plantations and Colonies respectively, By any Charter
or Charters or Letters Patents under the Great Seal of England,
and according to the usages in H.M.'s other Plantations in
America. Endorsed, Reed. Read April 8, 1702. 5J pp.
[C.O. 5, 1261. No. 81 ; and 5, 1289. pp. 426-430.]
April 8. 318. Governor Beeckman to [? the Dutch West India Company].
April 19 Signed, Samuel Beeckman. Endorsed, Read Sept. 11 [X.S.]
1702. Dutch. 3| pp. Enclosed,
318. i. List of papers sent by the Fortuyn. Dutch. 1 p.
[C.O. 116, 19. Nos. 11, ll.i.]
Fort
Kijkoveral
in River
Easequibo.
April 8. 319. William Popple to Mr. Attorney General. The Council
\\iiit.-iinii. of Trade and Plantations having immediate occasion to look
into some of the Acts of Pennsylvania, which are in your hands,
they desire you to return them without giving yourself the
trouble at present of making any particular report thereupon ;
only they would be glad to receive your and Mr. Solicitor
General's answer to the two questions expressed in my letter of
the 29th of October last, wherein I sent you the said Acts, with
what speed you can. [C.O. 5, 1289. pi 426.]
April 8. 320. William Popple to Col. Dudley. The Council of Trade
Whitehall, and Plantations desire you to inform them what orders have been
given by her Majesty or the late King in reference to New
England, and what has been done in execution of any such orders
since your being appointed Governor of those parts. [C.O. 5,
910. p. 193.]
April 9. 321. Col. Dudley to Mr. Popple. [In reply to preceding]
Westminster. I know of no orders referring to New England either from his
late Majesty or the Queen, then my Commission and Instructions.
I hope their Lordships will please to put forward the supply of
cannon and some soldiers for the garrisons of those Governments,
as I have humbly offered in my memorial. Signed, J. Dudley.
P.8. Mr. Blathwayt was pleased to speak with me of these affayres
yesterday, and promist to make my answer. Endorsed, Reed.
Read April 10. 1 p. Holograph. I p. [C.O. 5, 862. No. 106 ;
and 5, 910. p. 193.J
212
COLONIAL PAPERS.
1702.
April 9. 322. William Popple to Josiah Burchett. There was an
Whitehall, error in the provisions sent for the soldiers at Newfoundland the
last year, and therefore those to be sent this year may be for two
men less. [C.O. 195, 3. pp. 64, 65.]
April 9. 323. Lt.-Gov. Beckford to the Council of Trade and
Jamaica. Plantations. If the Admirall had not stopt H.M.S. Margett,
I had not had this present opportunity of giveing your Lordships
the fatall advice of H.E. Wm. Selwyn, who departed this life
the 4th inst. On the 5th I met the Council and to them
publisht the Commission obtain'd by your Lordships' advice
and favour from H.M. for Lieut. -Governor. The Counsell first
administered the oaths to me, which I afterwards administered
to all of them. The 6th, about 8 at night, the corps was interr'd.
As soon as the ceremony was perform'd, I published my Commis-
sion at the head of the severall Companyes, the 7th it was likewise
publish'd in the Church at Port Royall, the Regiment then being
in arms. Thus farr have I putt in execution H.M. Commission,
without any reluctancye'of the people, or the least hesitation of
the highest or lowest of paying their ready obedience thereto.
I have gott Genl. Selwyn's Instructions, but have not yet had
time to read or consider them, but I assure your Lordships that
I will with all my might and power endeavour to perform every
article in them, and shall never act in anything contrary to H.M.
commands. The late Governor sent out a sloop about the 7th
of March last to learn the motions of the French Fleet, which
returned about the 28th, and brought an account that they had
left Martineque, and were either come down to Leogane or
Hispaniola, but I rather believe they are gone to the former
place. The Admiral sent out another small sloope on Saturday
last, and yesterday I dispatch'd away another for Leogane to look
in there for them, if not there, to sail for Waltanam, and
not meeting with them there to proceed for St. lago upon Cuba,
and if they are at neither of those 3 places, we may bee assured
that they are gone to the Havana, and then they are so far to
Leeward of us that wee need not fear their coming upon us for
this bout, tho' I must say wee are as well provided to receive
them as wee shall bee if they give us longer time, and I doe not
any wayes doubt but (by God's assistance), if they should
attempt anything, to give H.M. a good account of them.
Our Assembly, before the late Governor's death, adjourned
till Tuesday the 14th, when I resolve to meet them, for not only
every Member of the Council, but all others as well as myselfe,
are clearly of opinion that the death of the General does not
dissolve the Assembly ; for wt. Laws we have now, most of them
were made under the same circumstances ; for when Sir Henry
Morgan was Lieutenant-Governor of this Island, he called an
Assembly, and in the time of their sitting or being Sir Thomas
Lynch was made Capt. Genii., he wrote to Sir Henry not to
dissolve the Assembly, so they were kept on foot until Sir
Thomas arrived, and he continued them, and without calling a
new one, made many or most of those lawes, which King
AMERICA AND WEST INDIES. 213
1702.
Charles II was pleased to confinno for 21 years, and now there
is a greater necessitye to continue this, for wee have yet no Law
to quarter the Officers and Souldiers, save the short Act I
herewith send your Lordps., which this Assembly has made
but for 3 moneths, or the determination of their Sessions, which
should first happen, and no longer, so that, if they are of course
dissolv'd, that Law will cease, and then wee have no way, except
the Martial Law will doe, to quarter either officers or souldicrs.
They have indeed revived the additional Duty for one yeare, or
the end of this Sessions, but if they are dissolv'd, I feare that
faills of course, so I cannot see any remedy but they must bee
continued, or Martial Law putt on foot, and the latter will bee of
ill consequence to the country. I can yet give your Lordships
no further or better account of matters or things at this present,
but by the next (God permitting) will not fail to enlarge, and
doe hereby assure your Lordships that as far as the Almighty
shall enable me, I shall make it my whole businesse and constant
studdy to performe the trust reposed in me. Signed, Pe. Beckford.
Endorsed, Reed. 16th, Read June 18, 1702. 2 pp. [C.O. 137,
5. No. 64 ; and 138, 10. pp. 336-340.]
April 9. 324- Abstract of preceding [C.O. 137, 41. p. I.]
April 9. 325. Lt.-Governor Beckford to Mr. Secretary Veraon. Repeats
Jamaica, part O f information in preceding, and adds : The sloop sent
out March 4 (or 7) learned from the Spaniards to windward
of St. Domingo that, 10 days before, a sloop arrived from
Martinique and brought advice that the French King was dead ;
that Monsieur Chateau -Renault had put on shore again such
land-men as he had before taken on board for some expedition,
which upon some advice or for want of orders he laid aside.
We had further advice of Chateau Renault with this Fleet being
at Portugall received orders to make the best of his way for the
West Indies, there to watch the motions of our great Fleet, which
the French supposed to be the sixty odd sail that came out
together with Admiral Benbow : now I suppose when the 16
victuallers came to Chateau Renault at Martineque (as we are
informed so many arrived there), and brought him no certainty
of war, nor any positive advice how he should proceed, and having
lain a long time there, his ships foul, the biggest of them
disabled, a great many of his men dead, and all of them sickly,
and having victuals to furnish M. Catlagon's (Coetlogons) Fleete,
which came to him from the Havana, for their home voyage, he
sent those ten sail for France, set sail with his own fleet, and I
verily believe is now at Leogane, and has sent away a ship to the
Havana, with orders to send him timely notice when the Spanish
Fleet will be ready to sail, so to slip by us down to the Havana,
and away with the Spanish Fleet through the Gulph, without
making any stay at the Havana, for I conceive he thinks that if
he should sail directly away for that Port, and so fall to leeward
of Admiral Benbow, he would or might follow him down, and
214 COLONIAL PAPERS.
1702.
there block up both fleets, or fall upon them. Signed,
Pe. Beckford. 2 pp. Annexed,
325. i. Lt. -Governor Beckford to Mr. Secretary Vernon.
Jamaica, April 24, 1702. Since the above to your
Honour by the Margate, I have advice by a Dutch man,
who put into the North side of this Island for wood and
water, and had been trading at the Manchaneels on
Cuba, that the French Fleet sailed from Leogane about
the last of March, for April 4 they were seen to pass by
St. Jago upon Cuba, bearing down with a full sail, their
fleet consisting of 28 ships. They sent a packet ashore
at St. Jago for the Havana. This confirms the news
brought me by a vessel of this Island, who put into
Port Louis on the Isle de la Vache, which is the new
settlement made by the French on the South side of
Hispaniola. The Master informed me that 24 men of
war, from 60 to 70 guns, arrived at Leogane March 12,
N.S., and sailed the 22nd for the Havana. So that
there is but little difference in the advices ; one makes
them but 24, the other 28 sail, there might be 4 tenders.
They seem to agree well enough as to the time of their
departure one or the other might mistake a day or two,
or they might have met either with calms, or contrary
winds, which might occasion their being longer under
weight then I supposed, tho' I make no question but
that they are either at the Havana, or else have pro-
ceeded for Europe with the Spanish Fleet. Yet it is
still to be hoped that they will not trust themselves
under their convoy. I am at present under no
apprehensions of the French's designing anything against
this Island. I do not hear of their assembling any body
of men together at any of their settlements. I believe
their design of sending that Fleet was either to take care
of the Spanish Flota, or else to observe the motions of
Admiral Benbow, whom they might suppose to be
stronger then he really was. Signed, Pe. Beckford.
Endorsed, R. June 29, 1702. 3 pp. [C.O. 137, 45.
No. 2.]
April 9. 326. Minutes of Council of the Massachusetts Bay. Letter
from Lt.-Gov. Nanfan, March 28, read, importing that Col. Romer
would in a short time prepare for his return. Letter from Col.
Romer, March 24, saying that he must make a voyage to Albany
to set out the fortifications to be made there, and give necessary
directions for carrying on the same, and that, at his return to
New York at the end of April, he was resolved to come hither
by the first opportunity.
Col. Nicholas Paige presented to the Board a letter directed
to him from Lieut. Sabin of Woodstock within his Regiment,
acquainting him that by reason of the removal of some of their
Indians, etc., he had mistrust that the Indians were plotting some
mischief, and that he had thereupon given order for putting the
AMERICA AND WEST INDIES. 215
1702.
garrisons in the said town in repair, and for keeping * military
watch, and praying directions in that matter. Ordered that the
Secretary write to Lt. Sabin signifying the Council's appro-
bation of his orders, which ho was to continue, but nevertheless
take care not to do anything that may give first provocation to
the Indians, "or that may cause them to think any harm is intended
against them.
Warrant signed for 500/. for procuring provisions for the
Castle.
Proclamation signed for dissolving the Assembly, the business
of the husbandry being urgent at this season, and the time near
at hand for an anniversary choice of Representatives.
April 10. Writs signed for convening the Assembly on the last Wednesday
of May, as the Charter directs.
Orders signed for the discharge of 31 pieces of Ordnance from
the Castle and 21 from the Fort in Boston to-morrow at noon,
being the anniversary of the Coronation of King William.
Capt. Southack's accounts committed to be audited. [C.O. 5,
778. pp. 131-133.]
April 9. 327- Minutes of Council of the Massachusetts Bay. Copy of
Proclamation dissolving the Assembly, a# above. [C.O. 5, 788.
p. 214.]
April 9. 328- Minutes of Council of New York. Ordered that James
Mott and Henry Fowler, J.P.s for the County of Westchester,
do inquire into the difference between Col. Caleb Heathcote and
Saml. Staats and others relating to their right to land on the head
of the lines of East and Westchester.
The Countess of Bellomont now having in her possession 500J.
given by H.M. for the building a Fort at Onnondage, and the
Government here being indebted to her considerably above that
sum, and there being no money in the Treasury to pay her,
ordered that the Collector and Receiver Generals do take up at
interest on the credit of this Government 500/. to be applied for
the building the Forts at Albany and Schenectady.
George Clark appeared and made oath that one Eden Burroughs,
a lad of about 15 or 16 years old, had told him that he had sub-
scribed the words to the Proclamation [see April 6]. He believed
them to be in Burroughs' handwriting. Ordered that a warrant
issue to the High Sheriff of Queen's County to take him into
custody and bring him before the Board on Monday. Ordered
that George Clarke, George Marriner, Andrew Marriner, and
Edward Rasum be summoned to appear at the same time.
[C.O. 5, 1184. pp. 646, 647.]
[April 10.] 329. Memorandum of Memorial from Mr. Randolph shewing
the defects in the several Acts relating to Trade and proposing
a method to render them more effectual in the Plantations.
Endorsed, Reed. 10th, Read April 13, 1702. J p. [C.O. 323, 3,
No. 123.]
216
COLONIAL PAPERS.
1702.
April 10. 330. Journal of Council of Trade and Plantations. Memorial
Whitehall, from Mr. Randolph shewing the defects in the several Acts
relating to trade, etc., laid before the Board. He was appointed
to attend on Tuesday.
Further progress made in the Representation upon the 4| p.c.
April 11. Further progress made with the "same. [C.O. 391, 14.
pp. 406, 407 ; and 391, 96. Nos. 62, 63.]
April 11. 331- Copy of Her Majesty's Commission to Thomas Povey,
St. James. Capt. in our Regiment of Footguards, to be Lt.-Gov. of the
Massachusetts Bay, under Governor Dudley. Countersigned,
Manchester. Endorsed, Reed. Read April 21, 1702. 2 pp.
[C.O. 5, 862. No. 107 ; and 5, 910. pp. 194-196.]
April 13. 332- Circular letter from the Council of Trade and Plarita-
Whitehall. tions to the Governors of 'Plantations. Enclosing warrant under
H.M. signature to continue the use of the Public Seals. Signed,
Stamford, Lexington, Robt. Cecill, Ph. Meadows, Mat. Prior.
[C.O. 324, 8. pp. 114, 115.]
April 13. 333- Vice- Admiral Benbow to the Rt. Hon. the Principle
Bredah, Secretary of State [i.e. Mr. Secretary Vernon, see Ap. 30]. The
' foregoing is a duplicate of my last, since which the French Fleet
were seen off Porto Rico. Upon this advice I sent a sloop up the
South and down the North side of Hispaniola, to look into all
the Bays and Harbours, and gain what intelligence she could
of 'em. At her return she informed me she had been as high as
Porto Rico, and round the Island of Hispaniola ; looked into all
the bays and harbours on the South, and also into the Bay of
Samana on the North side ; running along the shore off of Logan
(where he was directed to look hi), a great ship gave him chase
and forced him to Leeward. The next day near Petitt Guava
met a French sloop, which gave him an account that Monsieur
Shatternoe [? Chateau Renault} was then in the Gulf of Logan
with 30 men of war ; that he had sent ten of the great ships
home ; likewise that 'twas said he would sail for the Havanna ;
not being satisfied with this account, four days since I sent
another sloop for better intelligence.
Our provisions, men, stores, etc., are diminishing dayly, which
earnestly craves a supply. The two fireships the Country has
taken up for the King's service are almost fitted. The Benjamin
is not yet sailed, her Captain being dead, and most of her men
sick, the occasion ; at the request of the dying Captain I
appointed one Danish Updicke to command her, who will sail in
a little time. I have declined careening any more of our ships
at present, not being certain how the French, who are so near and
to windward, may proceed. We lye in the road that leads out of
the South Channel before Port Royal. The Colchester is
cruising between the East end of Jamaica and the West of
Hispaniola. We find our Hospital of great service, tho' we
have and doe dayly loose a great many men, more then if we
\MIIM' \ \\l> \vi-xr INDIES. 217
1702.
fought once a month. Scarce one in three of our Europeans
live here twelve months. If I can with security leave this
Island, I think to go or send part of our ships for New England,
the sickly time (as they call it here), for if we should be obliged
to lie here those months, we should loose most of our men. If
this should happen, that I proceed for New England, I desire
directions how to proceed. About five days since, came to this
place a Spaniard, put ashore by a sloop which belonged to
Carthagena, bound to the Havanna, who had been 14 days from
tin -nee, says that the Flota were sailed from I^a V'era Cruise to the
Havannali. and ere this were sailed for Spain, but not under a
French Convoy. The truth of this is suspectd.
The 6th inst. died the Governor, lamented by everybody.
Capt. Beckford succeeds him by virtue of a dormant Commission.
This comes by H.M.S. Margrett [#ic\, who haw been in these parts
as lone as her security will admit, whose Commander has orders
to sail for Longreach. Enclosed is the circumstances of the
shipps now here. The Fowey will sail in ten days in company
witn some merchant ships for England, who likewise requires
to be at home.
Bredah at Jamaica, April 30, 1702. This by H.M.S. Fotvey
brings you the duplicate of my last by the Margrett, since which
we have no certaine news of the French ; 'tis said the(/) are sailed
for the Havanna, also that they are still at IxDgan. I have sent
several out to know the Truth, but still it ['! is] doubtful, so that
this day some of our ships are sailed, and in a day or two will
follow and joyne them to goe on that errand myselfe (tho' not a
very good condition, having lost above 600 men).
This Government, since the death of Mr. Selwyn, makes
abundance of scruples to spare us men (tho' 'tis in their power,
and they at the same time believe if a war happen nothing but
our shipping can protect them), but if they doe not, necessity
has no Law ; whilst I live I will doe my endeavour that the
King's ships under my command shall be in the best condition
our circumstances will admit of to act as men of war, which I
humbly conceive is the intent of our coming into these parts.
I intend to cruise with H.M. ships in the margent (1) between the
East end of Jamaica and Petit Guava for the health of my men,
and to inform myself how matters goe in these parts ; in which
station to continue till we have advice from England, which
would be welcome, Peace or War. The Pendennis is now careening,
and will be ready in six or eight days to join us. The Benjamin
transport ship sailed for New England the 23rd inst. (1) In the
margin the following list of ships : Bredah, Defiance, Gloucester,
Windsor, Kingston, Greenwich, Falmouth, Colchester, Bristol ,
Ruby, Pendennis, Experiment, Scarbrough. Signed, J. Benbow.
Endorsed, R. June 29, 1702. 3 pp. Enclosed,
333. i. Condition of H.M. ships in the West Indies.
COLONIAL PAPERS.
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AMERICA AND WEST INDIES. 219
17H-J.
April 13. 334. Journal of Council of Trade and Plantations. Circular
Whitehall, letters to the Governors signed.
Representation upon the 4} p.c. agreed upon.
Further progress made in preparing a Representation upon the
defence of the Plantations.
April 14. Mr. Lawton saying that Mr. Penn would attend on Munday,
and desiring that he might have copies of such papers aa Mr.
Penn's answer would be required to, he was told that all should
be got ready against that time.
Ordered that Col. Qunry be desired to attend on Monday.
Further progress made in the Representation upon the defences
of the Plantations.
April 15. An abstract of several informations relating to irregular pro-
ceedings and other undue practices in Pennsilvania being laid
before the Board, ordered that a copy thereof be sent to Mr.
Lawton to be communicated to Mr. Penn in order to his answer
thereunto.
Col. Quary acquainting their Lordships that having been
lately arrested upon account of his condemning the Providence in
Pennsilvania, he was to attend the Lord Chief Justice Holt this
afternoon thereupon, and desiring a letter to the Attorney
General in his favour, a letter was accordingly writ and delivered
to him.
Letter from Mr. Lowndes read. [C.O. 391, 14. pp. 408-412;
and 391, 96. Nos. 64-66.]
April 13. 335. Minutes of Council of Barbados. Several drawbacks
for wine turned sour, recommended by the Assembly, granted.
Error, brought by John Stewart, administrator of John .Johnson,
to revise a judgment granted against him July 30, 1701, by
Benjamin Callow, J.P., to Ralph Walker for 5/. 11*. for work
done, considered and judgment reversed, it appearing that the
service of the warrant was not duly returned.
Error brought by Phillip Batson, Planter, against a judgment
obtained by Phillip Bamfeild, Aug. 13, 1701, in the Court of
Common Pleas for St. Michael's, fop 30/. sterl., considered and
judgment reversed, the writ being returnable in Christchurch,
not St. Michael's.
Certificate from the Commissioners appointed to try the negroes
upon the late plot was read, setting forth that a negro valued at
25/., belonging to Mrs. Mary Jones, was found guilty by them
and executed accordingly. 251. paid to Mrs. Jones.
201. 12s. 7$rf. paid to John Dickinson for entertaining the
Commissioners for the Leeward fortifications.
231. 105. paid to Robert Osborae, one of the Attorneys of John
Bromley, whose negro was executed for stealing a sow and piggs
belonging to the estate of Burch Hothersall. 30$. paid to
Wm. Cole, Executor of Burch Hothersall.
10/. paid to Thomas Poore, Clerk of the Commissioners
appointed for trying the negroes in the late plot.
10/. paid to John Legay, Clerk to the Assessor of St. Michael's.
The Hon. Peregrine Bertie, Commander of H.M.S. Betty,
220 COLONIAL PAPERS.
1702.
brought a charge against Samuel Cox, one of the Members of this
Board and one of the Commissioners for collecting H.M. Customs.
On March 31 he seized the sloop Friendship, Thomas Balgay,
master, loaded with French sugars at Dominico by French men
in French sloops from Martinico, and ordered his officers to detain
her from landing goods or papers until information was given
to the President and Council of Barbados. Soon after some
persons interested in the said sugars showed him the permit
signed by Saml. Cox to unload them. Some few hours afterwards
Cox came on board with one of the Waiters, ordered him to seize
the sloop, and to fix the Broad Arrow thereon. Since which
seizure the sugars are unloaded and the ship set at liberty without
any prosecution ordered by Cox. On April 6th Capt. Bertie
endeavoured to board the sloop Margaret from New Yprk, but
before his boats could get up to her, Mr. Cox rowed by the vessel
in a small boat and bid the Master make the best of his way
and not to take notice of the man-of-war ; that the Captain
would ask to see his papers, but to shew him none. Capt. Bertie
observing that the sloop took no notice of H.M. Colours or the
boats coming towards her, fired a shot to bring him to, which
grazing her stern, had almost accidentally taken off Mr. Larkin."
Cox was granted a copy and ordered to give in his answer
to-morrow.
April 14. Mr. Cox's answer : Capt. Bertie's allegations are unjust and
untrue. When the Master of the Friendship had showed the
President his papers and full satisfied him that he was legally
to trade, and entered his vessel in the several offices as customary,
and had given bond to this Respondent to re-ship his sugars on
some ship now in the Road, that had given bonds as the Law
directs and had paid H.M. duty of 4| per cent., then and not till
then Respondent gave a permit to unload, in order to refit and
restep the sloop. But afterwards Jacob Stevens, one of the
Waiters of H.M. Custom House, being informed that the vessel
was liable to a seizure for having on board counterbond goods,
desired Respondent's assistance in making a seizure in order to
search her. After which seizure, Capt. Bertie by force took the
vessel from the waiter and from the place where she lay at anchor,
and carried her to an anchor under his stern, where he kept
her subject to his command for 48 hours, and then himself released
the vessel to the parties interested, without any notice or
consent of the President and Council and the Judge of the
Admiralty, etc. He, in fact, ought to be called to account for
his irregularities. It appears by his own Memorial that he
detained the vessel, which detinue he calls his own seizure, which
he by no law or statutes was entitled to make, much less to take
by force, and again to discharge a seizure made by a proper
officer, Jacob Stephens.
As to the Margaret, deponent happening to be in the Road in
the King's boat, and by accident meeting with some sloops which
had been unkindly used by Capt. Bertie by taking the Masters
thereof out of them before they came to an anchor, did meet
with the Margaret from New York, wholly laden with provisions,
AMERICA AND WEST INDIES. 221
1702.
and acquainted the Master of the unfair usage of the men-of-war,
that he had contrary to Law usurped an unknown power and
authority never before used by any man-of-war, to make seizures
and release the same at his own pleasure, without making any
prosecution or acquainting the Government thereof, who alone
are vested with an authority to inspect such matters. Deponent
told the Master of the sloop that the man-of-war had not any
power to demand his papers before he had come to an anchor,
being then in the harbour, and been with the President and
Commissioners of Customs. !! hid him n.,t i" L r " DMI him. ! u-t
he should abuse him likewise. Capt. Bertie fired the shot when
she was within' several of the shipping, as she was coming to an
anchor, then sent both his boats aboard and took out the Master,
and took the vessel into his custody, and brought her to an
anchor under his stern, and when the Master was on board his
ship, he threatened punishment by bringing him to the irons
for not coming under his stern and shewing him his papers, the
inspection of which immediately belongs to the President and
Custom House Officers. Respondent claims protection in this
matter, and desires that such irregular proceedings be dis-
couraged. Capt. Bertie not attending this Board to justify
his charge, the Board proceeded upon other business.
Act to secure the peaceable possession of negroes, etc., was
read the second time with amendments and additions, which
were sent down to the Assembly for their concurrence.
The Assembly desired a Conference upon the writ for
electing a Member for the parish of St. Joseph. The Council
replied that, the Assembly not having made a House on
March 31, the day appointed for that conference, they had
appointed this day for amending the Bill above named, and
cannot conveniently attend the Conference proposed, without
impeding the Bill. They therefore proposed to-morrow for the
Conference. The Assembly announced that they were
adjourning to the 21st. The President summoned a Council
to meet on the 22nd for the Conference. Ordered that when
the Council sit as a Court of Errors or otherwise, to give their
judgment in any matter, and the same shall be put to the vote,
they shall be collected and taken .publicly in open Court.
[C.O. 31, 6. pp. 189-204.1
April 14. 336- Journal of Assembly of Barbados. Col. Downes elected
Speaker.
Bills to naturalise Michael Wyner, John Deere, Henry
Norring, and Henry Vangent were read the first time.
Capt. Richard Gilbert petitioned for 432/. Is. 8rf. for the hire
of his sloop Amity, impressed in 1691. He was allowed 50J.
30/. granted to Edward Arnell for the use of his house for the
Grand Sessions.
Act for the encouragement of the return of runaway servants
was read and referred for further consideration and to have an
account what satisfaction has been given of the desire of such
servants' return.
222 COLONIAL PAPERS.
1702.
Wm. Leake, Jane Willy, widow, and Peter Fleurian, mer-
chant, were granted drawbacks on wine turned sour.
The House adjourned till April 21. And see preceding abstract
under date. [C.O. 31, 6. pp. 461-464.]
April 13. 337. Minutes of Council of New York. Barne Cosens
appointed Escheator General of the Province.
Warrants issued for payment of 90Z. to Lady Bellomont, and
30Z. to Lt.-Gov. Nanfan.
Ordered that the High Sheriffs summon the Justices of the
Peace within their respective districts to pay to the. Receiver
General their arrears of the 2,OOOZ. and the 1,000/. taxes, and in
case they fail to pay the same in a month's time, that they be
summoned to appear before this Board.
Petition of Joseph Prosser read, and, on his submission to the
Governor and Council, his fine was remitted.
Petition of Thomas Parcell of Great Barns Island read, and in
consideration of the charge he hath been at in the erecting of a
mill on the said Island, and that the same is for the benefit of his
neighbours, ordered that the Solicitor General prepare Letters
Patents for four rodds square into the water on the North side
of the Island at Little Hellgate to the Petitioner, that he may
make a dock or such works as be necessary for the security of
his mill, at a pepper-corn rent, if demanded.
Petition of Susannah Vaughton referred to further con-
sideration.
Petition of Francis Martino read. Ordered that a warrant of
survey issue for the laying out his land and meadow according
to his Letters Patents thereof.
Petition of ^Thomas Still well read. Warrant of survey ordered
as desired.
Samuel Clows, Surveyor, reporting that he had laid out a
parcel of land for Peter Cortilean, as ordered March 26, in the
New Dorp, co. Richmond, Staten Island, beginning at a large
black oak near the corner of Sarah D'Gonn's land, and adjoining
the land of John Louisse, Nathaniell Brittaine, Aaron Praws,
Isaac Bolean and Daniel Lake, ordered that Letters Patents
be prepared for Peter Cortilean and his heirs for the said land at
quit-rent of 6s. per annum.
Petition of Adrian Lane, for an addition of 20 acres to his
patent, purchased from Thomas Carhart in the county of
Richmond, granted, at a 10s. per annum quit-rent.
Warrants of survey ordered upon the petitions of Abraham
Laleine and Nathaniel Brittaine.
Letters Patents for land in Richmond county at a quit-rent of
5s. per annum, granted to Peter le Coute.
Petition of John de Puy, Abraham Gouverneur, and Joseph
Bastido read, praying a warrant of survey for laying out lots of
lands in Richmond county, one in the rear of Mr. Osselton, one
at Smoker's Point, to the westward of Jean Rigault, one at the
westward of Thomas Pusling, and one to the front of Breville,
containing in all about 220 acres, together with 12 acres of Sault
AMERICA AND WEST INDIES. 223
1702.
meadow at Fresh-Kill. Granted, provided that Peter Janse,
a very poor man now inhabiting on some part of the land,
without having any title thereto, have a patent for 30 acres of
land adjoining to his house.
Warrant of survey granted upon the petitions of Thomas
Weaver, Mark Desacnoy and James Bullion.
Letters Patents ordered to be prepared for lands purchased
from the native Indian Proprietors in Ulster county by David
Provoost, John Depeyster, Matthew Clarkson and Robt. Sanders,
under a quit-rent of 51. per annum, there being about 1,500 acres
of profitable land besides waists and woodland. But in con-
sideration that the purchase was not made before one of H.M.
Justices of the county according to their licence, ordered that
the Patent remain in the Governor's hands until the purchase be
so made.
The Attorney General appeared before this Board, and being
taxed by the Governor for his neglect of his duty in prosecution
of the King's affairs, and other matters and speeches uttered by
him, he submitted himself and acknowledged his offence to the
Governor before this Board, and begged pardon for the same.
Whereon the Governor, with consent of the Council, pardoned
him, in hopes that for the future he will behave himself as he
ought to do in his employment for H.M. service.
Eden Burroughs [see April 61 was committed to the custody
of the High Sherriff of New York till further orders.
April 14. Petition of Susannah Vaughton considered. Ordered that
Samuel Staats produce his title to the land in question, and that
the Secretary bring his records.
Letter from the Council of Trade, Aug. 20, 1701, read.
The Governor having received advice that the Lord Corn bury
is appointed to be Governor of this Province, and may speedily
be expected here, ordered that the House in the Fort be put
into repair and order as well as may be for his Lordship's
reception, and that two pipes of wine and some beer be laid into
the cellar in the Fort, tnat it may be in a fit condition for his
Lordship's use on his arrival.
This Board taking into consideration the great charge of the
Assistant Judges, and there having been formerly 100/. per annum
allowed to William Pinhorn and to John Guest, who were
Assistants to the Chief Justice, ordered that Abraham Depeyster
and Robt. Walters, the present Assistant Justices, be allowed
100/. between them from the date of their Commissions.
Thomas Langworth of Southhold appointed Clerk of Suffolk
county.
Whereas some disaffected persons who take great libertys jn
defaming the administration of the Government have spread a
report that Col. Nicholas Bayard and Alderman John Hutchins,
who stand convicted and attainted of High Treason, have
obtained reprieves without acknowledging their offences, and
begging pardon for the same, ordered that their petitions be
forthwith printed for the undeceiving those who have been
imposed on by such false reports. Letter to the Council of Trade
224 COLONIAL PAPERS.
1702.
in relation to this affair ordered : " We take leave to enclose
authentick copies of the indictments against Col. Bayard and
Alderman Hutchins for High Treason of which they stand con-
victed and attainted, but, having confessed their offences and
implored H.M. mercy, the Governor has thought fit with our
consent to reprieve them till H.M. pleasure shall be known. We
cannot but represent in favour of Hutchins that he is an ignorant
man drawn in and very penitent ; he has a considerable estate
in hand and some personalty, but owes several sums of money
for the payment of which would be reasonable that provision
should be made in case of restitution. We humbly submit the
matter to H.M. consideration, hoping that their submissions
have had a good effect for securing the Peace of the Government,
which had been greatly disturbed, and cannot but beg your
Lordships particularly to interpose in favour of Hutchins.
Signed, John Nanfan, R. Walters, T. Weaver, A. D'Peyster,
S. Staats, W. Atwood.
Quarter's salary, etc., paid to S. Broughton, Attorney General,
and Lawrence Claese, Interpreter.
11. paid to John Lawrence for his expenses in bringing pirates'
goods from Oyster Bay to New York.
6/. 3s. paid to Thomas Williams for fetching back M. Battailes,
a Frenchman who was going to Canada without a pass, by order
of Lord Bellomont.
130/. 19s. Qd. paid to Thomas Weaver for money expended by
him by order of the Government.
10Z. 16s. paid to Ryer Schermerhoorn for firewood for H.M.
Fort at Schenectady from Nov. 1, 1700 May 1, 1701.
6J. 12s. paid to John van Zant for mending and looking after
the pump belonging to H.M. Fort William Henry, Sept 2, 1698
May 7, 1701
32/. 10s. 6d. paid to John Crooke for turning of powder (for)
casks for the Fort.
11. 10s. paid to John Bachand for blacksmith's work done by
him to H.M. Fort William Henry.
61. paid to Gabriel Ludlow, Clerk of the Assembly, for business
clone by him for the late Earl of Bellomont in dispatching the
packetts for England.
211. 5s. Qd. paid to Robert Walters for firewood for the Fort,
Oct. 3, 1701 April 2, 1702.
3J. 8s. 2d. paid to Major Dirk Wessells for candles, etc., for
the garrison at Albany.
61. 4s. Qd. paid to Jonathan Broadhurst for charges expended by
him in letting to farm the Excise of the city and county of Albany.
10/. 14s. \\d. paid to Robt. Walters for linen for the Officers'
Rooms in Fort William Henry.
16/. 12s. Qd. paid to Gabriel Thomson, Doorkeeper of the
Assembly, for his salary, house-rent, etc., during the sitting of
the Assembly in Apriflast. [C.O. 5, 1184. pp. 647-656.]
April 14. 338. Memorandum of letter from Mr. Lownds, enclosing
letter from Mr. Sec. Vernon to the Treasury about the application
AMERICA AND WEST INDIES.
1702.
of the 4} per cent, in Barbados and the Upward Islands I o
[C.O. 152, 4. No. 88.]
April 15. 339. William Popple to Mr. Attorney General. The Council
Whitehall, of Trade and Plantations have commanded me to acquaint you
that Colonel Quary having been imployed in her Majesty's service
in the Plantations, and having been very usefull there in his office
of Judge of the Admiralty, has (as they conceive) met with some
hardships therein since his coming to England ; and being to
return to America, their Lordships therefore desire vou to give
him your assistance in freeing him from the trouble he lies under,
being fearf ull that otherwise the Queen's Officers in the Plantations
will be discouraged in the discharge of their dutv. [C.O. 5, 1280
pp. 430, 431.]
April 15. 340- Deed of Surrender from the Proprietors of East and
West New Jersey of their pretended right of Government to
her Majesty. Grant of Charles IT to James Duke of York finotfd.
And whereas the estate, interest, right and title of the said Duke of
York in the said Provinces are vested in or claimed amongst the
present Proprietors, and they also have claimed, by virtue of
the said Letters Patent and mean conveyances, to exercise within
the said Provinces for the governing the inhabitants thereof
all the powers granted to the Duke, but H.M. hath been advised
that they have no right, nor can legally execute any of the said
powers, but that it belongeth to H.M. in right of her Crown to
constitute Governours of the said Provinces, and to give directions
for governing of the inhabitants ; and the Proprietors, being
desirous to submit themselves to H.M., are willing to surrender
all their pretences to the said powers of government, to the intent
H.M. may be pleased to constitute a Governour or Governours of
the same Provinces with such powers etc. as H.M. shall think
fit. April 15, 1902. Signed, Proprietors of the Eastern Division :
L. Morris, in behalf of Robert Burnett, Miles Forster, John
Johnstone, Michael Hawdon, John Barclay, David Lyell, Tho.
Warne, and Thomas Gordon ; William Dockwra, Peter Sonmans,
Joseph Ormston, as proxy for Charles Ormston, Edward Anthill,
Georges Willocks. Frances Hanmrk. Tim. I'.aikn. Tho. Cooper,
Gilbert Molleson, Henry Adderly for Richard Hasel of Barbados,
Tho. Lane, Paul Docminique, Robt. Michel, Joseph Brooksbank,
E. Richier, Michael Watts, Clement Plu instead. Proprietors of
the W't'xtcrn IHrixion : Benjamin Nelson, James Wasse, Richard
Harrison, John Turin, Richard Greenaway, Charles Michel, Francis
Michel, Fra. Pauncrford, Wm. Haraond, Ferd. Holland, Elisa
Miller, Ben. Levy, Fran. Minshall, Joseph Collier, Tho. Lewes, Jo.
Bennrt, John Booker, John Whiting, John Wilcocks, John Bridges,
Tho. Skinner, Ben. Steele, Obadiah Burnett, Jos. Micldethwait,
Tho. Lane, Paul Docminique, Robert Michel, Joseph Brooksbank,
Michael Watts, E. Richier, John Norton, Ebenr. Jones. Endorsed,
Reed. Read June 8, 1702. Parchment, with seals attached.
1J large pp.
[C.O. 5, 970. No. 1 ; and 5, 994.A. pp. 116.]
. II
226 COLONIAL PAPERS.
1702.
April 15. 341. Minutes of Council of New York. Petition of Leigh
Atwood and Richard Slater on behalf of themselves and Company
read. Ordered that a warrant of survey issue as desired, and
Letters Patents on the return thereof.
Ordered that Edward Antill be debarred from practising as an
Attorney at Law in any Court until he have taken the oaths
and subscribed the Test and Association before the Governor
and Council, he having formerly refused the same.
Ordered that the Attorney and Solicitor General do put in
execution the Act to oblige Robert Livingston to account.
Petition of Isaac and Cornelius De Peyster read. Warrant
of survey ordered accordingly.
121, 3s. 3d. paid to Abraham Depeyster and Robert Walters,
Assistant Justices of the Supreme Court, for their quarter's salary,
due March 25.
April 16. Col. Caleb Heathcote appearing to answer the petition of
Samuel Staats and others, April 2, made oath that he hath not
purchased any lands from the Indians in the County of West-
chester since Feb. 24 last, within the bounds contained in the
deed from the Indians to Samuel Staats and others.
Edward Antill took the oaths appointed, and explained that
he could not take them during the life of King James. [C.O. 5,
1184. pp. 656, 657.]
April 16. 342- William Popple to Charlewood Lawton. The Council
of Trade and Plantations send you the inclosed abstract of
Informations, which lye before them, relating to irregular pro-
ceedings and other undue practices in Pennsylvania, unto which
they expect Mr. Penn's answer. And I am further to acquaint
you, that upon your notice of his coming to town, they have
appointed to meet on Monday morning next at ten o'clock in
order to hear what he may then have to offer. Annexed,
342. i. Abstract of several Informations relating to irregular
proceedings and other undue practices in Pennsylvania.
(1) That all Illegal Trade is carried on there more than
ever. Sloops are purposely imployed to go out of the
Capes and take on board goods brought by other vessells
from Curacao, which they land at Philadelphia or
elsewhere, and then the vessells that brought them
come up to Philadelphia in ballast, as if they had
brought nothing. (2) The Acts past in Pennsylvania
to prevent illegal trade are not put in execution ; as
neither the Acts of Trade made here. (3) Mr. Penn
having appointed Water Bayliffs by his own authority,
has invaded thereby the jurisdiction of the Admiralty
established by the King. (4) There is neither any
Militia established, nor any provision made of arms
or ammunition ; but the country left defenceless and
exposed to all hazards both by land and sea ; of which
the Representatives of the lower Counties have several
times complained to Mr. Penn, but without obtaining
any redress. (5) Mr. Penn endeavours all he can to
AMERICA AND WEST INDIES. 227
1702.
invite foreign and Fn-nrh Indiana, known to be
villains, and but lately come from Canada, to 8*-ttl-
in this country, only for the benefit of a trade with them ;
which he takes care wholy to ingross to himself, by
ordering the Indians not to permit any to trade with them
but such as produce an indented licence under his seal.
What his profit may be thereby is not known, but it is
apprehended this practice may tend to endanger the
lives of many thousands of her Majesty's subjects.
(6) Mr. Penn prevailed with the Assembly at one sitting
to make a present to him of 2,000/., and further to
settle upon him 1,000/. per annum and upwards in taxes.
The expence of their several sittings whilst he was there
amounts to above 600/. ; but he has not disposed them
to raise the small ('junta of 350/. which was signified
to be requisite towards the defence of New Yorke ;
they excusing themselves chiefly upon account of their
want of a settled Militia, arms and ammunition for
their own defence. Nor has hp disposed them to any
compliance with the quota of men for New York in case
of an attack, tho' it be a condition upon which the
government was restored to him. (7) The Repre-
sentatives of the three lower Counties, in an address
to Mr. Penn, have further represented, that instead
of reaping the security designed by the laws past at
New Castle, they find that the most essential of those
laws, and which nearest concern them in their estates,
have not been sent home for his Majesty's approbation,
especially those for qualification of magistrates and
juries and those for establishing property and raising
money. (8) Those Representatives being doubtfull of
Mr. Penn's right to the government of those counties,
they desired a sight of his Deeds of Feofment. But
instead thereof were threatned with a goal, without
bail, till either the King's pleasure should be known,
or Mr. Penn's return into those parts ; and by these
proceedings being made more doubtfull of the validity
of the laws past at New Castle, they refused to confirm
the same. (9) In relation to the administration of
justice, information has been given of three particular
cases very hainous, viz., a man committed for bestiality
with a mare, for want of a legal method of proceeding,
got of!. A woman committed for murdering her bastard
child, and confessing the fact, was either acquitted
or pardoned ; the son of an eminent Quaker committed
for a rape, by several shufling and irregular practices,
got off without tryall. (10) Further information has
been given of a jury, who not agreeing upon the verdict
in a cause which they were charged with, determined
themselves by hustle cap. (11) Appeals have not been
granted from sentences in Courts in Pensylvania to
his Majesty in Councill here, particularly in the OMB of
228 COLONIAL PAPERS.
1702.
Thomas Byfeild against. John King. (12) The Deputy
Governor left by Mr. Penn is not qualified by H.M.'s
approbation or otherwise, as requisite by law ; nor
has Mr. Penn ever given security for any Deputy
Governour, as directed by the address of the House of
Lords of March 18, 1696. [(7.0. 5, 1289. pp. 431-
435.]
April 16. 343. Memorial of Henry Adderley and Charles Lodwick,
merchants in London, on behalf of Col. Bayard, etc. It is
needless to remind your Lordships of the great hardships which
Col. Bayard was exposed to during the time that Jacob Leyslaer
took upon him the government of New York, how he was
imprisoned, kept in irons and exposed as a show, and carried
about in a chair at the pleasure and for the diversion of a
tumultuary mob, to the great danger of his life, and how he was
robbed of a great part of his estate, upon a groundless pretence
that he was disaffected to the interest of the late King, when he
was known to be a zealous Protestant, and gave advice to turn
all the Papists out of their posts, the better to forward the Revo-
lution there, only desiring that the Protestants then in the
Government might be continued in the exercise thereof, for the
publick peace, till orders should come from England. Your
Lordships have been also informed of the hardships he hath met
with since, which forced him to make his retreat to England, where
he had your Lordships' direction to return home, with a promise
of protection against the like inconveniences for the future. Yet
since the death of the late Governour, the old ferment is renewed
to a greater degree than ever, through the encouragement given
to the factions by one Atwood, Chief Justice, and one Weaver,
Collector. Quote Enclosure V. Having thus prepared their
party, and to continue their power to oppress such as were the
objects of their malice, they prevailed with the Lt.-Gov. to call
an Assembly, resolving beforehand to use all their cunning to
get them rightly modelled to serve their purposes. And therefore
when they perceived that a return was made of ten members,
who were not of their party, after they had chosen an Alien for
their Speaker, they expelled two upon pretence of non-residency
in the places for which they were returned, and the other eight,
who with those two objected against the Speaker as not being a
denizen, were also expelled, upon pretence of their not giving
their attendance, which they could not do, for the reasons
assigned in their Petition (No. XI. infra), and the votes of
Assembly, Aug. 20, 1701. Then having directed writs to make
new Elections in place of the expelled members, thqy proceeded
to do business as a House, although they were but eleven in
number (their Speaker included) and continued to consist of that
number only from Aug. 22 Sept. 15, and passed several Bills
in that time. On Sept. 13 three new elected members appeared,
but refused to act for the reasons mentioned in their Remonstrance
(No. XII.), for which they were likewise expelled the House, and
ordered to be prosecuted by the Attorney General. Those things,
\Mi:i;l \ AM) \\KsT INDIES.
1702.
with the other nrhiti n\ proceedings of the House mentioned in
th. ir votes, and tin- largesses to the Lt.-Gov. and Justice Atwood
to keep them firm to their party, did HO alarm the wealthy nn-r-
chants, and other honest Knglish -spirited men in the Province
that they prepared thrive Addresses, one to the King, one to the
Parliament, and one to my Lord Cornbury, setting forth their
gri< \.iu- .-. Tin Council getting notice thereof, were so nettled
thereat, that Col. Bayard with his won, and one Capt. Hutchins,
u -re summoned to give an account of those Addresses, and the
two first were bound in recognizances of 1.500/. each to answer
to an indictment to be filed against them in the Supreme Court,
and Capt. Hutchins was committed for not producing those
Addresses. Then Col. Bayard, Rip Van Dam, Philip French and
Thomas Wenham addressed the Lt.-Gov. and Couneil, praying
that Capt. Hutching might be sett at liberty, if they had no other
thing to charge him with then his not producing the Addresses,
because they were not in his custody, but in theirs, and they
hoped to make good the legality of them (^Vo. //.) which so
heightened the displeasure of the Couneil (having construed some
words of the said Address in the worst sense) that Col. Bayard
was committed for High Treason, and orders given to the City
Militia to keep guard, and to relieve one another by Companies,
above his chamber in the prison, to prevent a rescue, and those
guards were continued at the time our last letters were dated.
The other three, which joined with Col. Bayard in the Address,
had first three days time given them, then six more, to produce
copies of the said Addresses, and at last were told that orders
should be given to the Attorney General to prosecute them.
After this, the Council ordered a Proclamation, to quiet the minds
of the people, who were much disturbed at those proceedings,
that so they might with the greater security proceed to the
intended tryal, and (as we believe) execution of Col. Bayard.
But this Proclamation was suppressed upon the arrival of a ship
from England with an account that my Lord Cornbury was
ready to sail in a few dayes, concerning whom they constantly
affirmed that he would never come over Governour. Since the
arrival of this ship, they talk no more of a Special Court to try
the prisoners. Yet considering the directions we have received
from Col. Bayard, and other Gentlemen in the Province, and not
knowing what accidents may happen to my Lord Cornbury by
the way, and that Col. Bayard [is] apprehensive of the most
cruel effects of rage against his person, we have laid this Memorial
before your Lordships, humbly entreating you would speedily
put a stop to those violent and unaccountable proceedings,
which are carried on purely to qualifie the revenge of a restless
faction.
. We presume likewise to acquaint your Lordships of the damage
done to us in our Commerce with those men, and our other
Correspondents, who dare not keep or answer our letters, lest
thev snould fall into the hands of their enemies, and be mis-
construed to their hurt (No. VII.). Of those " treasonable "
addresses, we could get no copies for the reasons mentioned
230 COLONIAL PAPERS.
1702.
(No. VII.}. The Attorney General can find no treason in subjects
addressing for relief of grievances, for which he is out of favor,
and threatened to be suspended. And we hope that your Lops,
will find nothing in those Addresses inconsistent with the duty
of loyal subjects, but will- perceive that the people's oppressions
have been insupportable, and their enemies' malice insatiable.
Pray for speedy relief. Endorsed, Reed. Read April 16, 1702.
3 closely written pp. Enclosed,
343. i. Copy of Minutes of Council of New York, Jan. 16 and 19,
170|. (Copy of warrant for the commitment of John
Hutchins.) Endorsed, Reed, from Mr. Adderley and
Mr. Lodwick. Reed. April 16, 1702. 2 pp.
343. ii. Copy of Address of Nicholas Bayard, Rip Van Dam,
Phillip French, and Thomas Wenham, on behalf of
themselves and some of the Freeholders and Inhabitants
of New York, to the Lt.-Gov. and Council of New York.
Whereas by a Mittimus, Jan. 19, Alderman Hutchins
stands committed for signing of libells said to be against
the administration of the Government, which pretended
libells we understand to be an Address to H.M., another
to the Parliament, and another to my Lord Cornbury,
whom we understand by certain advice we have received
from England to be nominated by H.M. to succeed the
late Earl of Bellomont as our Governor, copies of which
(by said Mittimus) wee find are expected from said
Hutchins, and is part of his charge in the commitment,
the copies of which originals (being in our hands or
custody) he cannot deliver them, if there be noe further
crime to be alledged against him, we hope to make good
the legality of the said Addresses, and pray that the said
Hutchins may be released from his imprisonment, or
be admitted to bayle. Same endorsement, f p.
343. iii. Copy of a warrant for the Commitment of Col. Bayard.
Quotes Act of 1691, for quieting the disorders of the
Province, and for securing H.M. Government against the
like disorders for the future, whereby it is enacted that
whatsoever person shall by any manner of way
endeavour by force of arms, or otherwise, to disturb the
peace, good and quiet of H.M. Government, shall be
deemed Rebells and Traytors unto their Majesties.
Notwithstanding which, Col. Bayard, as has appeared
by the oaths of several persons examined before us in
Council, by conspiracy and combination with John
Hutchins, lately committed by us, together with several
others, persons disaffected to this H.M. Government,
to the manifest disturbance of the peace of the same,
by divers indirect practices hath drawn in souldiers and
others to sign scandalous libells, whereby they have
endeavoured to render the past and present Adminis-
tration vile and cheap hi the eyes of the people, and
the said Col. Bayard hath invited the people to disown
the ^resent authority, and cast off H.M. Government
AMERICA AND WEST INDIES. 231
1702.
as it is now established, the Council hath unanimously
thought fit and doe resolve that he be commit t.
High Treason. Warrant to Isaac D. Riemer, High
Sheriff of New York, to take him into custody. Fort
William Henry, Jan. 21, 1704. Signed, John Nanfan,
A. D. Peyster, 8. Staats, R. Walters, T. Weaver,
W. Atwood. Same endorsement. \\ pp.
343. iv. Copy of Act for quieting disorders of New York, cited
above. Same endorsement. 1J pp.
343. v. Thomas Wenham and Phillip French to Col. Charles
Lodwick and others. New York, Jan. 28, 1701 (1702).
Enclosed comes our Address to H.M. on behalf of our-
selves and the greatest number of the Inhabitants of
this City. We have been miserably misrepresented,
and have felt the sad effects of it for some years past,
all our complaints being rendered ineffectual by one meanes
or other, and notwithstanding our great hopes of an end
to this misery by the death of the Earl of Bellomont,
we find ourselves disappointed, Mr. Weaver, and Mr.
Atwood giving new life to the languishing faction. Our
Chief Justice [Atwood] has been soe much exasperated and
whetted with the reports about the discords between
the two Houses, that he gave forth many railing
accusations against the Parliament, and some particular
Members thereof, saying that a reconciliation was utterly
incompatible, and that my Ix>rd Cornbury would never
come over, and we having framed an Address to H M.,
and another to my Lord Cornbury to be presented him
on his arrivall, in the getting of names thereto, it
happened to be discovered, and before ever ho could
come to the knowledge of the contents thereof, he gave
it for I>aw to be High Treason, by virtue of an Act of
Assembly of this Province, by which meanes the greatest
and richest part of H.M. subjects were put in great terror ;
Col. Nicholas Bayard and Lt. John Hutchins were com-
mitted to close prison, charged with Treason for pro-
curing names to the Addresses, the Citv Militia called
to arms by beat of drum to guard tne prison, and
continual distraining every day of the inhabitants that
were absent from the guard. Capt. Theobalds has
laid down his Commission on this occasion. Great
number of the people were had up every day for some
time, many whereof were drawn in by threats and
otherwise to make disco very upon oath against them-
selves and others, which practice was very violent,
u nt ill some of us slept in, and presented a Memorial
unto the L.G. and Council owning the Addresses in
our custody, but refusing to discover them untill they
should be presented to H.M. We were from time to
time threatened with close imprisonment, if we did not
deliver them up. But the arrival of Capt. Bond from
London, Jan. 24, has, as we suppose, made them more
232 COLONIAL PAPERS.
1702.
moderate. Soe the Attorney General, who was almost
suspended for giving his opinion against these violent
proceedings in this matter under his hand, was ordered
to prosecute us. Bayard and Hutchins continued still
in close prison. Now the Judge talks noe more of his
special Court, nor of the taking of the Ringleaders and
Authors of these Addresses. We are extremely
grieved to find such men come out from England in such
employments, to prove blemishes to so good, so great
and illustrious a Prince. We dare not at present
adventure to send you over copies of particulars, the
stream his [sic] lately threatned soe much. Signed,
Phillip French, Tho. Wenham. Same endorsement.
Copy, If pp.
343. vi. Col. Nicholas Bayard to Henry Adderley and Col.
Charles Lodwick. I suppose, Gentlemen, you have by
this vessel from some of my friends a full account in
what manner our former unhappy breaches and
divisions in this Province are of late broken out to a
more violent degree and flame than ever, occasioned
by meanes of three Addresses, lately signed by a
number of the Freeholders and Inhabitants of this
Province. They were signed by most all the Chief
Merchants and principal Inhabitants that are in
opposition against the Leislerian parties, and wee had
for soe doing the best advice and Council of the
experienced Lawyers we have amongst us. But soe
it is, that our Lt.-Gov. and Council haveing discovered
that such a matter was in hand were extremely con-
cerned and disgusted at it, and thereupon used all the
meanes possible to get the same seized on, or to procure
the copies of them, but the papers being timely secured
to prevent any false construction that might be made
upon any of the words, since Judge At wood termed
it sedition and rebellion, one Capt. John Hutchins
with myself and son were called upon it ' before the
Governor and Council, and after some hearings
Hutchins committed to gaol for Treason, without bayle
to be admitted until he should produce the copies of
the Addresses, which they were pleased to call libells ;
myself and son were both of us bound over by recog-
nizance, each of us in 1,0001. with 5001. surety, to appear
at the next Superior Court in April terme to answer an
Indictment on Information then and there to be ex-
hibited against us. These proceedings startled and
vexed all the Gentlemen that had signed these Addresses
to a very great degree, and some of them told the Governor
and Judge, as opportunity offer'd, that they had signed
those Addresses, and would maintain it to be their
right and liberty as free-born subjects soe to doe. And
it being considered by them that Capt. Hutchins was
to be admitted . io bayle if he produced the copies,
AMERICA AND WEST INDIES. 233
1702.
which he could not doe, he having kept none, myself
was thereupon perswaded, together with Phillip French,
Rip Van Dam, and Capt. Thomas Wenham to address
the Governor and Council, which accordingly was done
in his behalfc, owning that the copies of the said
Addresses were in our custodies, etc., whereupon I
myself was committed for High Treason, and my other
three Companions, time allowed them for six dayes to
consider, and then to produce the said copies upon
paine of imprisonment. I observed by what I was
charged with before the Governor and Council, that
my chief crime was grounded for addressing the Lord
Cornbury (who I was told was not to come over for our
Governor) which was a disowning of the present
authority, and casting off H.M. Government as it is now
establish t. The third day after my commitment, Capt.
Bond happily arrived, who brought us the comfortable
news that my Lord Cornbury was ready to come out
for this Government at his sayling from England. And
I understand since that my other three Companions,
upon their last hearing two dayes since, who, persisting
in their refusal of producing the copies, were only bound
over to be prosecuted by the Attorney General, and
that the Attorney General has given it under his hand
to the Governor and Council, that for what he had
seen sworn against myselfe, he found noe ground or
cause of commitment. A whole Company of Militia
guards our Prison day and night, I suppose to give
some colour as if there was great danger of a rescue.
Gentlemen, by these proceedings my friends may perceive
in what manner the envy of the Leislerian party, being
now in the seat of Government here, have prevailed
against me, to have that Act of Assembly twisted and
strayned, contrary to the true intent, genius, or meaning
of it, and only contrived to cut me off, which I'm sure
they'l pursue for to effect to the very utmost if pos-
sible ; I having been all along, as is well known, the
principall object of their malice, and chief! v market! out
by them for destruction, God forgive them. As for
myself, I am not conscious of any guilt or crime in the
matter, being confirmed therein by all the Councill I
yet have met with, and perticularlv by that Act of
Parliament, anno primo W. d: J/., declaring the rights
and liberties of the subjects, it is declared that it is the
right of the subjects to petition the King, and all com-
mitments and prosecutions for such petitioning are
illegal .... I thank God for his gracious support and
assistance in an extraordinary manner ; and though it
shall please Providence to suffer mee to be made a sacrifice
to their cankered envy and hatred, I shall always endeavour
to submit, etc. Signed, N. Bayard. From the Gaol in New
Jan. 2& I7UJ. Same'endorsement. Copy. 3 pp.
234 COLONIAL PAPERS.
1702.
343. vii. Samuel Bayard to Henry Adderley and Col. Charles
Lodwick. The son of Nicholas Bayard gives an account
of events described in preceding, adding : " Not above
a day after the prisoners were in custody the Judge
and several others moved for a Special Court to make an
end of the work begun, whereupon many of the chief
merchants intended to quit the town, but it pleased
God that the same time as the Council was sitting (as
I have reason to believe to order a Special Court) that
Capt. Bond arrived, when the River was full of eyes with
the news of my Lord Cornbury's intentions to follow
him within a weeke, which news I believe has been the
saving of many a man's life, for noe Special Court is
more talkt of, nor the other three Gentlemen any
further molested. Jan. 28. Having a day's time, I
have received the enclosed out of gaol, wherein I find
father's information [above] is not perfect, for the three
Gentlemen were at first three days' time given to produce
the copies, and, after that, six days longer, and then not
bound over, but only told that orders should be given
to the Attorney General to prosecute them, when he
had already before declared under his hand his dislike
to all their proceedings, and altho' the envy of his
enemies are boundless, nevertheless, if Judge At wood
and Mr. Weaver had not drawn in the rest, wee had not
been hi this condition. Exceeding great and arly
[? early or hourly] pains has been taken to engage
Lawyers to prosecute the Prisoners, but cannot hear of
any that will be concerned in any manner of way ; even
the Judge's son has taken a fee for the Prisoners.
I have been told by Gentlemen who have discoursed
the Judge concerning the Mittimus's, and the construction
he puts on the words " inciteing the people to disown
the present authority and cast off H.M. Government "
is the Addresse to my Lord Cornbury, and that he has
incited the other three Gentlemen to sign the enclosed
petition to the Governor, wherein, according to his con-
structions, they disown the present authority in these
words " who we understand by certaine advice we have
received from England to bee nominated by H.M.
to succeed the late Earl of Bellomont as our
Governour."
As for the signing of the soldiers, only Capt. Matthews
and two Serjeants, Cravence and Richardson, subscribed
the Addresses in presence of father and myselfe at the
Coffee-house, the two first are freemen and innkeepers
in this City, and the latter lives and pays his rents for
a house in Towne, who all came in of their own accord,
or perhaps being spoke to by any of the rest that had
subscribed, but never discoursed or sent for or inticed
by either father or myselfe. The Proclamation is
published, but not fixed up nor to be had at the Printers, .
AMERICA AND WEST INDIES. 235
1702.
[ cannot answer any of yours received by Bond, for
I dare not keep any l -tiers or papers in the house, for
fear of having the same seized and construed to your
prejudice. Signed, Saml. Bayard. Same endorsement.
3| pp.
343. viii. Samuel Bayard to Henry Adderley and Col. Lodwick.
I crave you for God sake to be stirring in this our mis-
fortune, and if thought feazable by you to address H.M.,
setting forth the burthens we live under for addressing
him, etc. Signed, Sam. Bayard. P.S. Before signing
the Addresses we had not only the advice of the most
experienced Lawyers amongst us, but also the con-
currence of three of the present Members of Council,
Schuyler, Levingston, and Smith, the two first by
subscribing the same, with all the Justices of the Peace
of Albany except the Mayor and Recorder, who are of
the Governor's appointment, some of the Justices of
the Peace of the Counties of Richmond, Westchester,
Suffolke, and Oringe, with all or nearly all the
16 descenting Assemblymen duly elected for the present
Assembly. N. Yorke, Jan. 21), 170$. Copy. 1 p.
343. ix. Copy of Address of the English, French and principle
Dutch Protestant Inhabitants of the City of New York
to the King. We, your Majesty's most loyal and
obedient subjects of the Province of New York, having
certaine advice that the King of France hath against
your Majestie's undoubted right publickly proclaimed
in the Kingdom of France the pretended Prince of Wales
to be King of England, Scotland and Ireland, do with
hearts full of just concern and steady resolution humbly
pray your Sacred Majestic will confide in our repeated
assurances to persevere in our duty and affection to your
Royal person and Government, notwithstanding the
many false Representations have been made of us.
And when we shall receive advice that your Majesty
has proclaimed war with France or any other your
Majesty's enemies, we do assure your Majestie we will
endeavour to the utmost of our power to support your
interest and honor, as we have done in all the last war,
and will chearfulJy undertake the burthen and fatigue
of a new one, etc. Signed, Hendrick Metselaw, Wm.
Moss, Wm. Robinson, Geo. Stanton, B. Bayard, Richd.
Overin, Saml. Loveridg, Jno. Scott, Robt. Watte, Will.
Glenero, W. Janeway, John Daly, Wm. Haywood,
Henry Howse, Joseph Arrosmith, Tho. Ellison, Peter
Morin, David Lyell, Robt. L. Hooper, Joseph Mallinson,
Antoney Farmer, Robt. White, Barth. Le Roux, James
Bayard, John White, James Wells, Jno. Tuder, jnr.,
Robt. Lurting, Robt. Anderson, Jno. Crooke, Jos.
Wright, Wm. Huddleston, Wm. Teller, Jno. Shepperd,
Jan Vinsent, Jno. Finch, Wm. Digges, Danl. Maddin,
Aiith. Yealloton, Jos. Clcator, Ebenczer Willson,
236 COLONIAL PAPERS.
1702.
W. Cortland, Francis Vincent, Rip Van Dam, Wm. Smith,
Danl. Crommeline, Thos. Davenport, Robt. Skelton,
Thennis Dekey, Peter Baunel, Giles Gaudmeau, Lawrence
Read, Elias Boudinet, Andrew Stucke, P. White, Wm.
Chisnall, Johannes Kip, Jno. French, Tho. Worden,
Francois Hullin, Benja. Aske, Ov. Swieten, Saml.
Bayard, Matthew Ling, Nathl. Marston, Benja. Fanuel,
Richd. Willett, Thos. Burroughs, Stephen Lanney,
Will. Morris, Jeremiah Tashill, C. Wolley, John Cholwell,
Phill. French, Saml. Bartt. Augustus Lucar, Jno. Ellison,
Saml. Vetch, Thos. Wenham, J. Jansen, Paul Droillet,
David Jamison, John Corbett, Wm. Anderson, Augustus
Jay, Louis Carre, Johannes Cortlandt, John Barbaric,
Michll. Handon, Peter Lackman, Caleb Cooper, Walter
Thong. Same endorsement. 1 large p.
343. x. Copy of a Proclamation for quieting the minds of the
people. New York, Jan. 24, 170. Signed, John
Nanfan. Same endorsement. 1 p.
343. xi. Petition of Ten Members of the Assembly of New
York to the House of Commons. Since the death of the
Earl of Bellomont, the Lt. -Governor by advice of the
Council did call a General Assembly, to which the sub-
scribed were returned for their respective precincts and
counties. The Town of Westchester, chiefly (of) English
inhabitants, had no writ directed to them [though]
they are entitled to have a member to represent them
by Charter. The number of Representatives returned
is in all 21, who in choosing a Speaker were divided, and
by one voice the choice fell on Abraham Gouvernour,
who, being presented to the Lieut. -Governor, was
appro[ved]. Amongst other things, the Lt.-Gov.
recommended to the House to proceed upon the King's
service without heat or animositys, but to the contrary,
some of the members of foreign extraction, so soon as
we. were returned to the House, moved that it might
be put to the vote to throw out two of us, being principle
Freeholders and inhabitants of their respective Counties
on colour of non-residency, without any complaint
exhibited in writing or otherwise by any person pretending
to be injured in the Election, or Sherriff's return, or of
any of the Freeholders interested in these Counties,
which unjust and irregular proceeding we cannot but
judge to proceed from some corrupt private design,
and being conscious to themselves of their own
disability. And enquiring further into the causes of
these measures, we found the Speaker to be an Alien,
neither deniziz'd, naturaliz'd, nor in these Territories at
the time of the surrender to the English Dominion. Peti-
tioners objected his inability to serve in that station to
the House, humbly supposing whatever Act should
passe would be void, and so render us altogether un-
serviceable both to the -King .and our Country, which
AMERICA AND WEST INDIES. 237
1702.
being violently opposed by an equal number (whereby
it could receive no decision) we thought it out duty to
attend the Lt.-Gov. and acquaint him therewith, which
we accordingly did. Notwithstanding this the ten
other members with the alien Speaker have proceeded
to sit and act without us, and the better to effect their
sinister ends have voted some of your Petitioners to
be expelled without any just or legal cause, and give
us apparent reason to apprehend they will proceed to
take other methods suitable to their aversion to the
publick English interest, and greatly prejudicial and
destructive to the rights, liberties and proppertys of the
inhabitants of these parts, all which we are informed
are against the English laws and common right, which
we humbly offer to the consideration of this Honorble.
House, praying we may have such relief as is agreable
to your great justice, etc. Signed, K. V. Renselaer,
Mathew Howell, Joseph Purdy, W. Nicoll, Danl. White-
head, J. Abeel, Dirck Wessells, M. Schuyler, John
Drake, John Jackson. Same endorsement. 2 pp.
343. xii. Copy of Remonstrance of Thomas Willett, John
Talman and William Willett to the Assembly of New
York. Sept. 13, 1701. We being elected in Queen's County
in the room of others to serve in this General Assembly,
doe give our attendance, and having taken the oath,
Test and Association, to testifve our readinessc and
zeale for the service of H.M. most sacred Majesty and
our country. The complaints and clamours of the
people are so great that we think it very necessary and
meete before wee proceede to act with you, that wee
and the people whom we represent have full satisfaction
that you are a house legally and rightly constituted,
without which it can never be expected that we can
safely proceed, nor the people give their cheerful
obedience and think our acts binding. And that wee
may not be wanting in our duty in this respect to His
most sacred Majesty and our Country, wee presume,
Gentlemen, to acquaint you that it is the common
report of the people and wee are credibly informed,
that some of you have used very indirect and un-
warrantable meanes to procure yourselves to be elected
and returned as Members of the Assembly. And that
on Aug. 20 last, the House consisting of 21 persons,
whereof the Speaker was one, ten of the number did in
the House challenge the Speaker to be unqualified,
for being an alien, and afterwards did represent the
same to the Governor, which they have also given
under their hands, upon which head the House being
equally divided could give no decision. It appears
by your votes that some of you, with the Speaker thus
circumstanced, have proceeded to act, and to strengthen
your number have voted out some of the other tenn,
238 COLONIAL PAPERS.
1702.
and taken in two others in their roome, who are said
not to be elected by the people, and that you are pre-
paring to make a Bill to deprive many of H.M. English
subjects from their native right of voting for Assembly-
men and the people in each respective County from
chusing persons to examine their own publick debts,
all which are against the rights and priviledges of H.M.
freeborne English subjects and the Laws of England
and this Province. And so, Gentlemen, we are humbly
of opinion that all the above-mentioned Articles are
not for H.M. service, nor the well-faire of this Province,
but absolutely destructive to the same, and till you give
us further satisfaction and the Speaker clear himself
from being an Alien, we cannot act with you, to sit and
spend our time, and the country's money to make Acts
that will be void in themselves. Signed, Tho. Willett,
Jno. Talman, Wm. Willett. Same endorsement. 2 pp.
[CO. 5, 1047. Nos. 39, 39.i.-xii. ; and (without enclo-
sures], 5, 1119. pp. 82-91.]
April 16. 344. George Larkin to the Council of Trade and Plantations.
Barbados, j was obliged, for want of the conveniency of a passage to any
part of the West Indies in the severity of the winter, to return
from Virginia to New York by land, where I had the opportunity
of being present at the trial of Col. Byard. The proceedings
against him seemed to me to be very extraordinary, which has
created a strange confusion in that Province, and I am afraid
will be the ruin and destruction of the prettiest settlement upon
the continent of America, if some speedy care be not taken at
home for putting a period to the unhappy differences betwixt the
two parties. It can never be done there, for it's the interest of
a Governor rather to foment then reconcile such animosities, and
he is soon made sensible of it. I arrived here on the 6th, having
settled the forms of proceedings with the Commissioners and
done what else is necessary for the holding of Admiralty Courts.
Here are no pirates at present in custody, and I cannot learn that
there has been any lately upon this coast, and now I only wait
the opportunity of a passage to Antego. Here is an account
that the Sun prize, whereof one - - Briscoe was Commander,
took some pirates off of the coast of Guinea, and released them
for 20 negroes a-piece, and at Cape Mountserado they carried off
20 negroes for which nine white men are seized. I humbly take
leave to lay before your Lordships a copy of a Memorial delivered
to the President and Council of this Island, by Capt. Bertie,
Commander of H.M.S. Betty, which is but one of a great many
hazards I have undergone in this service, which I hope you will
be pleased to take into consideration. Signed, Geo. Larkin.
Endorsed, Reed. June 29, Read July 22, 1702. 1| pp. Enclosed,
344. i. Memorial of the Hon. Peregrin Bertie, Commander of
H.M.S. Betty now in Carlisle Bay, to the President
and Council of Barbados, April 13, 1702. On March 31,
1702, Capt. Bertie espying the sloop Friendship, Thomas
AMERICA AND WEST INTHES. 239
1702.
Balgay Master, at sea, sent his pinnace to know from
whence she came, and being informed that she was
loaded with French sugars put aboard at Dominico
by Frenchmen in French sloops from Martin-
ordered his officers to go on board and detain her from
landing any of her goods or delivering of any papers
until information given to the President and Council
of Barbados. ^Soon after the sloop coming to an anchor,
some persons 'interested in the sugars, showed Capt.
Bertie a permit signed by one Samuel Cox, one of the
Commissioners of Customs for this Island, to unload
the sugars on board her, and within some few hours
afterwards Cox coming on board with Jacob Stephens,
one of the waiters belonging to the Customs, ordered
Stephens to seize the sloop and to fix the broad arrow
thereon, since which seizures the said sugars are un-
loaded and the ship set at liberty without any prose-
cution ordered by Cox.
On April 6, Capt. Bertie espying another vessel at sea
which proved to be the Margt. sloop from New York,
sent his longboat and pinnace to know from whence
she came, but before either of the boats could get aboard
the sloop, Mr. Cox went off in a small boat and rowed
by the vessel, and bade the Master make the best of his
way and not take notice of the man-of-war ; that the
Capt. would ask him to see his papers, but to shew him
none. Capt. Bertie observing that the sloop took
no notice of H.M. colours or of the boats coming towards
him, fired a shot to bring him to, which grazing astern
had almost accidentally taken off Mr. Lai-kin, a pas-
senger. Of what ill consequence things of this nature,
besides the diminution of that honour and respect that's
due from all ships coming into any of H.M. ports,
Peregrine Bertie doth present co the President and
Council of this Island, to do therein according to their
wisdom and judgment, being obliged speedily to depart
this Island. Signed, Per. Bertie. Endorsed, Reed.
June 29, Read July 22, 1702. If pp. [C.O. 28, 6.
Nos. 52, 52.i. ; and 29, 8. pp. 110-116.]
April 16. 345- Journal of Council of Trade and Plantations. Mr.
Whitehall. Lodwick and Mr. Adderly presented several papers in behalf of
Col. Bayard, and were appointed to call on Wednesday, in order
to the taking the same into consideration. Mr. Champante to
have notice to attend also.
Further progress made in the Representation upon the state
of defence of the Plantations.
April 17. The above Representation and a Representation upon the
Address of the House of Commons relating to the 4J per cent.
signed.
April 18. Ordered that Mr. Adderly and Mr. Lodwick be desired to lay
l>efore their Lordships a copy of the Address mentioned in their
240 COLONIAL PAPERS.
1702.
late memorial from some of the inhabitants of New York to the
Lord Cornbury.
Letter to Lord Cornbury ordered to be prepared desiring him
to send an account of the state of the masts and timber provided
by Lord Bellomont at New York for the service of H.M. Navy,
and that he acquaint the Navy Board how they may be best
sent for England in order to their directions thereupon. [(7.0.
391, 14. pp. 413-418 ; and 391, 96. Nos. 67-69.]
April 17. 346. Order of Queen in Council. Ordered that the Council of
St. James's. Trade and Plantations do make a further report to H.M. upon
the Address of the House of Commons for applying the duty of
4 1 per cent., arising in the Charibbee Islands, towards the forti-
fications and other publick services within the said Islands.
Signed, Edward Southwell. Endorsed, Reed. Read April 24,
1702. f p. [C.O. 28, 6. No. 53 ; and 29, 8. pp. 5, 6.]
April 17. 347. Order of Queen in Council. This day the several Proprie-
St. James's, tors of East and West New Jersey in America did in person present
a deed of surrender by them executed to H.M. in Council, and did
humbly desire H.M. to accept the same that it might be enrolled
in the Court of Chancery, whereby they did surrender their power
of the Government of those Plantations, which H.M. graciously
accepted, and was pleased to order, as it is hereby ordered that
the same be enrolled in H.M. said High Court of Chancery, and
the said Instruments are to be delivered to Mr. Attorney
General, who is to take care that the same be enrolled accordingly.
Signed, John Povey. Endorsed, Reed. Read May 28, 1702.
f p. [C.O. 5, 1261. No. 82 ; and 5, 1290. pp. 11, 12.]
April 17. 348. Council of Trade and Plantations to the Queen.
Repeats state of defence of the Plantations represented to the King
Jan. 24, with additions arising from letters since received.
Newfoundland. We are humbly of opinion that 100 firelocks be
sent by the first ships, with powder and ball, to be delivered out
by the Storekeeper in exchange for those that are unserviceable.
Massachusetts Bay. Refer to Reports of Col. Romer, etc., and Addresses
of Assembly given Cal. 1701. Upon which we humbly offer that
your Majest}^ would be pleased to send thither some cannon and
such a quantity of the small arms demanded as your Majesty
may think fit, with the Governor appointed for that Province,
your Majesty having already by your Instructions directed him
strictly to admonish and require the inhabitants to exert them-
selves as well in fortifying those parts as in providing what may
be necessary in all respects for their further defence. With regard
to Governor Dudley's proposal, we cannot think it advisable in
the present conjuncture to weaken the Province of New York
by drawing any of the soldiers from thence, but that it would
be for your Majesty's service that 150 men with a good Com-
mander and subordinate officers, who may assist the inhabitants
in the defence of those parts and instruct them in the use of arms,
AMERK \ \NT> WEST INDIES. 241
1702.
be sent to New England, according to the proposal of Col. Romer
and the desire of Col. Dudley.
Connecticut being likewise a frontier province to the French,
and Rhode Island a considerable Colony with a good Port and
Harbours, and the inhabitants of both those Colonies having
been negligent \>f their own security, we humbly offer that your
Majesty would direct them to make due preparations against an
attack, and to be ready to assist their neighbours of New York
and New England.
No part of the 2.000/., ordered by His late Majesty to be
remitted to New York for the fortification of Albany and
Schcnedady, having been yet issued, we humbly offer that your
Majesty would give such effectual orders to the Lords Commis-
sioners of the Treasury, that the money be speedily remitted for
that service, which we conceive to be absolutely necessary in
this juncture. Repeat information as to the Fort in the Onnowlage
Country and the matter of the Quota [see Col. 17011.
Upon your Majesty's taking the Jerseys into your hands, fitting
care may be taken for the security of those parts, which under
the present circumstances cannot l>e duly provided for.
Pennsylvania is likewise without fortifications and in no state of
defence, nor has any progress been made therein by the Pro-
prietor, notwithstanding his promises and our frequent instances
to him on that subject, but we have again called upon him in order
thereunto, and are expecting his answer. In Maryland is a
Militia well -regulated and armed, Magazines built for stores and
places of rendezvous appointed for any occasion, and the
Governor having lately prevailed with the Assembly to pass
an Act obliging every planter to give a gun to his manservant
when free, the whole country by that means will probably in a
little time be completely armed. As to Virginia, the Governor
has informed us that he found the Militia in a very ill condition,
with relation to arms and stores of war. The Horse, consisting
of 2, 143, and the dragoons of 1,985, lack 3,000 case of pistols and
3,500 carabines. The Foot consisting of 4,971, lack 500 fire-
locks. And for the whole are wanting 5,000 swords besides powder
and ball, with all materials for fireworks and fitting up of fire-ships,
together with some hand-mortars and granadoes suitable for them,
as also that two firemasters be sent. Which particulars the
Country ought to provide at their own charge. But in regard of
the great importance of that Colony to your Majesty's Revenue
and to the Trade of this Kingdom, and in consideration of the
present conjuncture, and that such arms and stores cannot be
provided in America, we humbly offer that your Majesty order
the arms and stores above-mentioned, or such part of them as
may be provided out of your Majesty's Office of Ordnance, as
likewise 100 barrels of powder and ball for small arms, to be sent
to the Governor, to be delivered out by him, as he shall see
occasion, and that he be directed to take the best care he can, as
they shall be delivered out, that the Office of Ordnance be
reimbursed the charge, and that the said arms be not embezzled,
but kept in good order by those to whom they shall be delivered.
Q 10
242 COLONIAL PAPERS.
1702.
It would very much conduce to your Majesty's service, if a Store-
keeper were sent to this Colony (as well as to others) who may
be accountable for such arms and ammunition as your Majesty
shall send from time to time.
The Provinces both of Maryland and Virginia (being large
territories and lying open by great Rivers) cannot be secured
by fortifications, and are therefore no ways able to defend them-
selves against an attempt of an enemy by sea, unless it shall please
your Majesty to send a sufficient squadron to cruize hi those parts
from the beginning of April to the end of October (the time of
the greatest danger), which we humbly conceive will in like manner
be a security to the rest of your Majesty's Colonies on the
Continent and Islands adjacent.
North and South Carolina are under Proprietors, who do not
take due care to put that country into a state of defence,
notwithstanding their being so exposed by the neighbourhood
of the Spaniards. We therefore judge it necessary to the publick
service that the said Proprietors be quickened by an immediate
order from your Majesty to perform their duty therein. The
Bahama Islands lying before the Gulf of Florida, and in the way
of all ships that come from the Havana, and the Bay of Mexico,
it is of great consequence to your Majesty's service that they be
preserved from an enemy. Governor Haskett desired some force
to keep the fort there. We are humbly of opinion that the
Proprietors should take care in this matter, and that your
Majesty would be pleased to signify your directions to them
accordingly. And Governor Haskett having been since seized by
the people, the Proprietors should be directed to take due care
about sending another who may have your Majesty's appro-
bation, as by Law is requisite. The Bermuda Islands we hope
by Capt. Bennett's care and the arrival of the Stores lately sent,
and the Company of Foot which your Majesty has there, may be
in a good state of defence. Jamaica. See Jan. 25. Leeward
Islands. Col. Codrington's reports are given and his demands
for guns, etc., are recommended. Barbados. See Jan. 24. We
humbty offer our opinion that such a number of great guns as your
Majesty may think convenient, together with a quantity
of small arms and ammunition, whereof we are daily
expecting an account from the Agents of that Island, be speedily
sent thither, which expence may be defrayed out of the
4 per cent, arising in that Island ; that such of the
present Forts and Fortifications as may be most useful, be
forthwith repaired under the direction of Commissioners to be
appointed by the Governor and Council there, and that an able
Engineer be sent from hence for that purpose ; that magazines
be built for the better preservation of powder and other Ordnance
Stores, towards which your Majesty may be also pleased to allow
a competent sum out of the said duty. And when these and
other necessary and publick services, mentioned in the Act for
granting that Duty to the Crown, shall be provided for, we
further humbly offer that part of the said duty be likewise applied
towards the building an Hospital for sick and wounded seamen,
AMERICA AND WEST INDIES. 243
1702.
as IM- l.'-.'ii desired by the Raid Agents. And whereas we have
received a letter from the President and Council of that Island,
wherein they humbly pray that in case of war a Regiment of Foot
may be sent thither, we humbly submit that matter to your
Majesty. Hmlxnn'* /ini/,(tr. S .Ian. iM. A<ttt,< /Vo//ri'/iVv
conclude* : we do humbly offer that for the present your Royal
Letters be sent to the several Proprietors and Charter Govern-
ments, requiring them to put themselves into a posture of defence
against an Enemy, from whence nevertheless, we cannot hope for
a due compliance until those Colonies be connected to the Crown ;
and that all your Majesty's Governors be required by other
Letters to take care that the Militia under their command be
well armed and disciplined, and that the value of the arms to be
delivered out of your Majesty's Stores in the Plantations from
time to time be reimbursed to your Majesty by the persons to
whom they shall be delivered. Signed, Stamford, Robt. Cecill,
Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior.
[(7.0. 324, 8. pp. 116-145.]
April 17. 349. Council of Trade and Plantations to the Queen. In
\\iut.-imii. obedience to your Majesty's commands signified to us by the
Right Honourable Mr. Secretary Vernon upon an Address of the
House of Commons, that the duty of 4J per cent, in Barbados
and the Leeward Islands may be applyed for the repairing and
erecting fortifications and for such other publick uses for the
safety of the said Island, as your Majesty shall direct ; we have
considered the same and thereupon humbly offer, that having
by a report of the 24th of January last represented to his late
Majesty the present state of Barbados in relation to its defence
upon the information we had received on that subject from the
Lord Grey or the Agents of the Island, by which it did appear
that upon a strict survey of the fortifications made by his
Lordship and Commissioners appointed for that purpose he
found (in twenty-nine forts and batteries) three hundred and
eight gunns of several sorts, of which fifty -eight only were
serviceable, and that most of the forts and batteries were out of
repair ; upon which his Lordship having also consulted with
the most experienced inhabitants of the island, offered his opinion,
that such of the forts and batteries as may be most usefull be
forthwith repaired, and that there be sent thither at least a hundred
great gunns of twelve foot long, together with a suitable proportion
of shot and all other ordnance stores needfull for them ; adding
that there is a want of small arms and shot ; we therefore humbly
repeat our opinion, that such a number of great gunns as your
Majesty may think convenient together with a quantity of small
arms and ammunition (whereof we are dayly expecting the par-
ticulars from the Agents of that Island) be speedily sent thither ;
and that this expence be defrayed out of the duty of 4i per cent.
arising there. The said Agents proposing also that the present
forts and fortifications be forthwith repaired, we are humbly of
opinion that the same be done under the direction of Com-
missioners to be appointed by the Governor and Council there ;
244 COLONIAL PAPERS.
1702.
and that an able Engineer be sent from hence for that purpose ;
as likewise that magazeens be built for the better preservation of
powder and other Ordnance stores, for which we humbly offer
that your Majesty would be also pleased to allow a competent
sum out of the said duty of 4| per cent. As to the defence and
security of the Leeward Islands, we humbly represent to your
Majesty that there are divers forts and platforms in each of those
Islands, and that several great gunns, carryages, repairs of
fortifications and small arms are wanting (as in another repre-
sentation we now lay before your Majesty) upon which we humbly
offer that this duty of 4| per cent, arising in those islands be
applyed towards the performance of those services. And
whereas we did represent to his late Majesty in our Report of the
29th Aprill last, that upon divers complaints relating to-
matters of Trade and Justice in the Plantations, we had observed
that your Majesty's Governors receiving presents from the
General Assemblies there dos render them precarious and too
much dependent ' on the people ; and having thereupon humbly
proposed that the Governors of all the Plantations be forbid the
receiving of any presents or gratuities, and that for the better
enabling them to support the dignity of the Government, an
addition be made to the salaries of some of them (where it may
be needfull), we find reason to continue in the same opinion. And
your Majesty being now graciously pleased to apply the whole
duty of 4| per cent, arising in Barbados and the Leeward Islands
for the safety and publick uses of the said Islands (the neat pro-
ceed whereof in Barbados has one year with another amounted
to about 10,OOOZ. sterling, and in the Leeward Islands to about
3,000/. sterling per annum) we humbly conceive that nothing
can more conduce to the safety and welfare of those Islands, than
that the Government there be so established that the Governors
may not depend on the voluntary gifts and presents of the
Assemblies for their maintenance ; but that a sufficient salary
be appointed for their support and the dignity of the Government
without any other dependence than upon your Majesty. And
whereas the salary of the Governor of Barbados at present is no
more than twelve hundred pounds sterling per annum paid out
of the 4| per cent, arising there, which has been judged not
sufficient for his support, provisions there being very dear and
the way of living very expensive (upon which consideration the
several Governors have been permitted to receive presents made
them by the Assemblies) we do think it for the good of the
Island, the interest of England in reference to Trade and the
administration of Justice in those parts, that your Majesty be
pleased to add the summ of 800/. sterling per annum to the present
salary of the Governor of Barbados, out of the said duty of 4|
per cent ; which together amounting to 2,0001. sterling may be
a competent maintenance for him, and render him no longer
dependent on the people there. And we humbly offer that your
Majesty doe thereupon signify your express pleasure that no
Governor, Lieutenant-Governor, Commander-in-Chief or Presi-
dent of the Council of Barbados for the time being, do
AMERICA AND WEST INDIES. 245
1702.
hereafter receive any gift or present from tin- A^rmMv. and
likewise that the Assembly do not make any such gift or present
to him or any of them, upon any account whatsoever ; except
only that whereas there is no house appointed or set apart for
your Majesty's Governor in Barbados, and that it has been cus-
tomary lor the Assembly to make a temporary assignment of a
house for the residence of tin- Governour, or rent for the same,
out of the publick levies ; we are humbly of opinion that untill
a house be built for the Governour, your Majesty may be graciously
pleased to permit the Assembly to assign a house or rent for the
same, not exceeding 300J. sterling per annum out of the levies to
be made by them, and to allow the Governour Jo accept thereof,
notwithstanding what has been before offered, provided always
this be done at the first session of the Assembly after such
Governour's arrival ; and that it be continued by the said Act
or order for the whole time of his government. And we doe
thereupon humbly observe that the foresaid encrease of salary
being supplyed by your Majesty out of the duty of 4 per cent.,
the Assembly of Barbados will have an opportunity and be in a
condition of applying those large sums, which they usually gave
in presents by yearly levies to their Governoure, towards the
more speedy building an hospital for the reception and accom-
modation of sick and wounded seamen and soldiers, which the
Agents of this Island have represented to us as necessary, and
towards other publick uses, which may be of a lasting benefit to
the Island. As to the Governours in the Leeward Islands, we
likewise humbly represent to your Majesty, that the present
salary of the G-overnour in Chief of those Islands arising out of
the 4J per cent, there being no more than 700/. sterling, the
insufficiency of which salary has been the reason (as in Barbados)
that the Governours have been permitted to receive presents
from the General Assemblies of those Islands, which has rendered
them likewise precarious ; we think it for your Majesty's service
that your Majesty be pleased to add the summe of 500/. sterling
per annum to the present salary of the Governour in Chief of the
Leeward Islands out of the duty of 4J per cent, there, which
together amounting to twelve hundred pounds sterling may be a
competent maintenance for the said Governour and free him
from any dependance on the people. And whereas beside the
forementioned Governour in Cheif of all the Leeward Islands
there are particular Lieut enant-Governours of each of the said
Islands, vizt., of St. Christopher, Antego, Nevis, and Mount
Serrat, who have no established salaries, we humbly conceive
that if your Majesty would be pleased to appoint the sum of two
hundred pounds sterling per annum to each of your Majesty's
Lieutenant Governors in those Islands out of the said duty of 4J
per cent, or any other fund, it would likewise be for your Majesty's
service and the interest of this Kingdom in point of Trade, and
otherwise in freeing such Governoure from their obligation to
the Assemblies, and thereby enabling your Majesty to send from
hence fit persons for those commands, without being obliged
to make use of planters and merchants inhabiting there ; whose
246 COLONIAL PAPERS.
1702.
business and private interest may too easily divert them from
the due care necessary to the discharge of that trust. And we
humbly offer that your Majesty would also thereupon signify
your express pleasure, that no Governour, Lieut. -Governour,
Commander-in-Chief or President do hereafter receive any gift
or present from any of the Assemblies of the said Islands ; and
that no Assembly do make any such gift or present to any
Governour, Lieutenant-Governour, Commander-in-Chief or
President upon any account whatsoever, except only that the
Governour in Chief and Lieutenant-Governours may be permitted
to accept of a house, or rent for the same, from the severall
Assemblys in the same manner and under fitting limitations as
proposed for Barbados. By which means the severall Governours
being thus provided for, we humbly conceive the Assemblies of
these Islands will likewise have an opportunity of applying those
sums, which they frequently give by publick levies to their
Governours, towards the charge of fortifications, stores of warr
and other publick uses. But this duty of 4 per cent, in the
Leeward Islands arising usually to no more than 3,000. per
annum, which same will not be sufficient to defray these expences
and others that are continually necessary in this conjuncture, we
humbly leave it to your Majesty's royall consideration by what
other means and ways of supply the safety of those Islands,
which are of so great importance, may be further provided for.
And as we have humbly represented it to be for your Majesty's
service that the salaries of the Governors of Barbados and the
Leeward Islands being settled, those Governours may no longer
be obliged to the Assemblys, but depend entirely upon your
Majesty, we further offer that there being in Jamaica an estab-
lishment of 2,OOOZ. per annum current money of that Island,
arising from the revenue there, the same may be made up 2,OOOZ.
sterling, and that the like directions be given herein as in
Barbados and the Leeward Islands. The salary of your Majesty's
Governour of Virginia being 2,000/. sterling, and that of the
Governour of Maryland being about 1,500/. sterling, we conceive
those summs sufficient for the maintenance of those Governours
[and] are humbly of opinion that the like directions be sent to
those Colonies. And it seems to us no less expedient that the
severall Governours and Lieut. -Governours of New England,
New York, and Bermudas, and of such other Colonies as may
come under your Majesty's immediate direction be liable to the
same restrictions, as soon as sufficient salaries shall be established
for their subsistance. Signed, Stamford, Robt. Cecill, Ph. Meadows,
Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. \C.O. 29, 7. pp.
507-517.]
April 17. 350. Lt.-Gov. Partridge to the Council of Trade and
Ham eW hire Plantations - In obedience to your letter of Dec. 22, 1701, I have
m ' ordered the Secretary forthwith to transcribe all the Laws of this
N. \v England. Province now in force here, which 1 shall send by the first con-
venient opportunity. Nothing since my last hath occurred here
worthy your notice. H.M. good subjects, the inhabitants of
AMERICA AND WEST INDIES. _':
1702.
I'l-Mxim-.-. il.ir \vitli all humble ^ratituilc acknowledge his
" ii favour iti appoint iim ('<>! .l..-.-|.|i |)u.||, \ t.. I,.- ..m
Governor, etc. Signal. \Vm I'.ntiiolgc. Kmli,r-*ii, Reed. Read
-Fuly 6, 1702. Holograph. 1 p. [C.O. 5, 862. No. 108 ; and 5,
910. pp. 224, 225.]
April 17. 351. Minute of Council of New York. Ordered that a
pollution of the Council in relation to Mr. BurnardiiH Freeman
be communicated to him, and the several [? itetitionem] in King's
County.
April 18. Petition of Roger Baker read. Ordered that he IK- discharged
from his imprisonment, first giving two securities to H.M. in 1201.
for the payment of 120/. in six months.
Petition of Robert Sanders read, praying a patent to himself
and Thomas Sanders, Johannis Bush, William Sharpas, and
Joseph Cheator, for a tract of land in the County of t'lster, called
by the Indians Oghgotocton, containing about 2. (MM) acres of
profitable land besides wastes and woodland, Granted, and
letters patents ordered to be prepared for the same under the
quit-rent of 31. 15a. Orf. per annum, provided that the same do
not interfere with any patent land.
221. 8a. 6rf. paid to Isaac Deriemer for cloth and other things
for the barge crew against the late Lord Bellomont's arrival from
Boston.
The Indian from whom Robt. Sanders and others purchased
land in the County of Ulster according to a licence of March 5,
appeared and acknowledged that the soldiers had purchased the
said land from her. The Widow Bayard also appeared with her
son, and informed the Board that the said Indian had given
the same to her son, but not producing a deed of gift or sale,
ordered that the Patent be recorded and delivered to the owners,
notwithstanding an Order of Council, April 13.
The Collector nominating John Groenendyck to receive for
him the quit-rents arising to H.M. in the City and County of
Albany, the said person was approved of.
This Board being informed that one Edward Burroughs hath
spoken words reflecting not only against the Governor, but
against the late Earl of Bellomont, ordered that a warrant issue
to the High Sherriff of Queen's County to bring him in custody
before the Board. [C.O. 5, 1184. pp. 657-659.]
April 18. 352. William Popple to Henry Adderly and Charle*
\\ int.-h.iii. Lodwick. The Lords Commissioners for Trade and Plantations,
observing that amongst the papers which you have laid before
them relating to the imprisonment of Col. Bayard and Mr.
Hutchins in New York, there is no copy of the Address prepared
by them or others to be presented to the Lord Cornbury upon
his arrival in that Province, which appears by the perusal of the
other papers to be very necessary to be considered in order to
their judgment on that matter, desire you to let them have a
copy. [C.O. 5, 1111). pp. Ul, U2.J
248
COLONIAL PAPERS.
1702.
April 18. 353. Mr. Burchett to Mr. Popple. Four ships being ordered
Admiralty to sail next month for the service of the Newfoundland Fishery,
the Lord High Admiral desires to know what dispatches the
Council of Trade and Plantations have to send, and whether they
would please to have any alterations or additions to the Heads of
Enquiry sent to the C. in C. of the last Convoy. Signed, J.
Burchett. Endorsed, Reed. Read April 21, 1702. Addressed.
1 p. Enclosed,
353. i. Names of the four men-of-war bound to Newfoundland.
\ p. [C.O. 194, 2. Nos. 72, 72.i. ; and 195, 3. p. 73.]
April 18. 354. Minutes of Council of Virginia. Whereas some late
advices from Europe give ground to believe that before this time
H.M. hath declared war against France and that a further account
thereof may be daily expected, and forasmuch as it is judged
absolutely necessary for H.M. service that upon the first notice
of a war being proclaimed, the General Assembly should meet
in order to the putting this Colony in a posture of defence, H.E.
and the New Council think fit to prorogue the General Assembly
till May 13. Proclamation ordered accordingly. [C.O. 5, 1409.
p. 209.]
April 20. 355. Henry Adderley and Charles Lodwick to William
London. Popple. On Saturday last we received yours of 18th inst, as to
the copies of those Addresses their Lordships desire. We have
none, nor ever had any of either of them, as will appear by the
copies of our letters from thence now before your Lordships.
We humbly suppose that if any matter worthy the commitment
be in any of those Addresses, the Gentlemen in the Government
of New York have not bin so wanting to themselves as not to give
their Lordships an account of it. Signed, Hen. Adderley, Charles
Lodwick. Endorsed, Reed. Read April 22, 1702. 1 p. [C.O. 5,
1047. No. 40; and 5, 1119. p. 92.]
April 20. 356. Col. Quary to the Council of Trade and Plantations.
By several letters received from Pennsylvania I have the fol-
lowing account: (1) That Anthony Morris, who as a Magistrate
did give a warrant for the taking by force out of her Majesty's
stores a parcell of prohibited goods which were under seizure,
of which unlawful act an account being sent home to the
Governour, Mr. Perm was ordered to turn the same Anthony
Morris out of all offices and prosecute him for the crime.
(2) That in obedience to his late Majesty's commands and the
orders of this honourable Board, Mr. Penn did turn out the said
Morris, to answer his turne for the present occasion, but hath
now restored him again, and made him one of his chief magis-
trates. (3) That Mr. Penn hath in a late Charter granted to the
people of his city of Philadelphia given to the Sheriffs almost
all the powers of the Admiralty even to the Capes of the Bay
under the pretence of Water Bayliffs. (4) That severall vessells
being lately seized, for breach of the severall Acts of Parliament,
the Government have in open contempt of the Admiralty brought
AMERICA AND WEST INDIES. 240
1702.
the information against the said vessells into their Courts of
Common Law. (5) That Mr I 'run hath c on (missioned his kinsman,
one Parmiter, to be his Attorn<-\ < > neral, who is convicted of
felony, perjury and forgery, a may appear to your Lordships
from the records of the < it \ <>f Bristol. (6) That about three
years since there was a Dcdinms, under the Great Seal of
'England, sent to Pcnns\ Kania, im powering Edward Randolph,
John Moore, Jasper Yeates, John Hollwell, Edward Chilton, Esq.,
and myself, or any three of us, to administer the oatlis to all
such persons, which from time to time should take upon them
the government of IVnsvlvania, and in case of our death or
absence, then the Members of the Councill together with the
principal Officers of the Customes had power to administer the
said oaths according to law ; that the said Dedimus was carried
to the Secretary, to have it recorded in his Office and in forcibly
detained by the Government of Pensylvania from the said Com-
missioners on purpose to prevent them from executing the powers
of the said Commission, and thereby persons have assumed the
government without being qualified as the Law directs. (7) I do
numbly propose that your Lordships will please to order that the
Dedimus may be delivered to the Commissioners unto whom it
is directed that so they may be enabled to obey his Majesty's
commands, and answer the end of the Law. (8) That information
hath been given to Coll. Hamilton now that the French are settling
themselves on the back of Pensylvania about four days journey
from New Castle, that one Lewis Lemoizin, a Frenchman, who
has lived many years in Pensylvania and traded with the
Indians, is run away to them with two Canada Indians that were
sent as spys, to view the nakedness of that country ; by which
means the French will have the full knowledge of that country
and its defenceless condition, which makes the inhabitants
dread the consequence. Signed, Robt. Quary. Endorsed, Reed.
Read April 20, 1702. If pp. [C.O. 5, 1261. No. 83 ; and 5,
1289. pp. 436-439.]
April 20. 357. Journal of Council of Trade and Plantations. Ordered
\\iiitehali. that the Secretary write again to the Agents of Barbados for
their answer for what has already been desired of them
[April 4, q.v.].
Col. Quary presented a Memorial which was read. Ordered
that a copy be given to Mr. Penn.
Mr. Penn attending according to appointment, upon the com-
plaints that lie before the Board, relating to irregular proceedings
etc. in Pennsilvania, Col. Quary was also again called in. Then
the abstract of Information [April 16] on that subject was read,
article by article, unto each <>f which Mr. I Vim gave some account
of those transactions, and further promised to lay before the
Board an answer to that and the aforesaid Memorial in writing.
Ordered that Col. Quary have a copy of the said abstract.
April 21. Capt. Povey acquainted their Lordships that he has received
a Commission from H.M. to be Lieutenant-Governor of the
Massachusetts Bay. which he .shewed to the Board, and a copy
250 COLONIAL PAPERS.
1702.
was taken of it. He acquainting the Board that he was to imbark
in a few days on board H.M.S. Centurion and that Col. Dudley
is already gone down to Portsmouth to imbark in the same, ordered
that the several letters in this Office now ready to be sent to H.M.
Governors on the Continent of America be delivered to him for
conveyance.
Letter from Mr. Burchett, April 18, read. Orders of Council,
March 26, relating to Newfoundland, laid before the Board.
Draught of Instructions for the Commodore ordered to be pre-
pared, and that the letters now ready for H.M. Governors of
the Islands be sent to Mr. Burchet.
Ordered that the Newfoundland Agent be sent for to inform
the Board what progress has been made in the several Offices
and otherwise, relating to the provisions, materials etc. to be
sent to Newfoundland.
April 22. Mr. Thurston's reply to above read. He was directed to
continue his care for the dispatch of all, and when done to lay
before this Board a particular account of what shall have been
sent from each Office ; and meantime to acquaint their Lordships
on Friday or Saturday next whether the sending of a boom (as
directed) do go forward or no.
Letter from Mr. Adderly and Mr. Lodwick read.
Draught of Instructions for the C. hi C. of the Newfoundland
squadron agreed upon and ordered to be sent to Mr. Burchet,
in addition to last year's enquiries and papers relating to the
complaint against Mr. Thurston.
Paper from Mr. Burchet, containing the names of H.M. men-of-
war bound to Newfoundland, was laid before the Board.
The Memorial of Mr. Adderly and Mr. Lodwick, April 16,
was taken into consideration. Copies of the warrants for the
commitment of Mr. Hutchins and Col. Bayard ordered to be sent
to Mr. Attorney General for his opinion.
Mr. Adderly and Mr. Lodwick and Mr. Champante attending,
the two first explained that they have not received either original
or copy of any of the three Addresses for which Col. Bayard and
Mr. Hutchins are imprisoned, *and that the two copies of an
Address to the King and an Address to the House of Commons
delivered to the Board amongst other papers, April 16, are of
anciente date, and do not concern the matter now in question.
Directions given for preparing a Representation to H.M. upon
this matter. [(7.0. 391, 14. pp. 418-430; and 391, 96. Nos.
71, 72.]
April 20. 358. Minutes of Council of Virginia. Draught of a Pro-
clamation for a public Thanksgiving to be kept at the College
of Wm. and Mary by the General Court and the Reverend Clergy
on 23rd hist., and on May 7th by all the other Christian
inhabitants, read and approved.
April 21. Major Arthur Allen took the oaths appointed as one of the
Governors of H.M. Royal College of William and Mary. Robert
Boiling, junr., sworn and confirmed as Surveyor of Charles City
County.
AMERICA AND WEST INDIES. J.I
1702.
April 21. Upon tin- [><-titii>n >f ('harks Hart-|ott, Commander of the
[ ? 22.] Virginian, complaining that Capt. Moodie had impressed two
carpenters brought into the country In the petitioner for building
a briganteen, ordered that Capt. Moodie forthwith release tin-in,
unless he show cause to the contrary. [C.O. 5, 1409. pp. 209, 210.]
April 21. 359. J. Burchett to Wm. Popple. Having not yet received
Admiralty the duplicates of orders lately sent by my Lords of the Council
** for Trade to the Plantations, and the two vessels appointed for
carrying the same being ready to proceed, I thought it con-
venient to put you in mind thereof. Signed, J. Burchett.
Endorsed, Rood. Read April 21, 1702. Addressed. 1 p.
[C.O. 323, 3. No. 124 ; and 324, 8. p. 145.]
April 21. 360. Order of Queen in Council. Referring enclosed j>etitions
to the Lords Commissioners of Trade anil Plantations for their
report. Signed, Edward Southwell. Endorsed, Reed. April 24,
Read May 4, 1702. 1 p. Enclosed,
360. i. Petition of Jeronimy Clifford to the Queen. The
States General of the United Provinces by their
Resolution Oct. 6, 1700, has granted jwtitioncr liln-rty
to remove his effects and slaves lxlonging to his
Plantation from their Colony of Surinam to your Majesty's
Plantations in the West Indies provided (1) that the
ships for transporting them sail from the United
Provinces, and (2) that security be given that they do
not touch nor trade on the coasts of Africa within the
limits of their Company's Charter. It is impossible
for Petitioner to comply with these limitations, by
reason that the Proprietors of Surinam at Amsterdam,
having a contest with Petitioner for the injuries done
him in their Colony, have deterred all his friends in
Holland from hiring any ships to him or U-ing security
for him. So that Petitioner is never like to get his
moveables and slaves from Surinam for to cultivate the
land he bought at Jamaica in 1685 for that purjM>se.
Prays H.M. to interpose with the States General to
allow him to send a ship or two from England or
Barbados for that purpose, and also to grant him the
same liberty as they granted the English who went
from Surinam in 1674, 1676, pursuant to the 5th Article
of Peace, made in 1674 with Major Bannister, and
Edward Cranfield, and to discount the debts owing to
him in Surinam against those debts that he may come
to owe in that Colony, since he came last from thence
in 1695. Signed, Jer. Clifford. 1 p.
360. ii. Jeronimy Clifford to the Queen. On Dec. 3, 1698,
Petitioner obtained a judgment in the Court of Chancery
in Holland against William Schouton, a Dutch Mer-
< li.int. <|<-<M|.. tor 3,760 guilders with interest at 4 per
cent. To the ehVetual payment tluimt an unusual
clause is inserted in the judgment, that Petitioner must
252
COLONIAL PAPERS.
1702.
give sufficient security to indemnify Schouton from all
demands hereafter. The Proprietors of Surinam [as
above] prevent his obtaining that security. Petitioner
on Aug. 27, 1700, laid his case before the Lords Justices
of England, who referred it to the King at Loo, who
ordered Mr. Blathwayt, his Secretary of War, to
transmit it to [Alexander] Stanhope, his Envoy at the
Hague, with directions to get the judgment paid. But
hitherto he has not been able. To prevent petitioner
prosecuting them any further before your Majesty, all
the rest of his moneys in Holland, and the produce of
his Plantations in Surinam has been detained for above
four years, whereby he is reduced to the utmost
extremity and is like to perish. Signed, Jer. Clifford.
1 p.
360. iii. Jeronimy Clifford to the Queen. Petitioner being
an inhabitant of Surinam, 1667, and entitled to the
Articles of Capitulation then made upon the surrender
of that Colony by the English to the Dutch. Pursuant
to those Articles, Petitioner intended in 1687 to transport
himself and his estate to Jamaica, but the Governor
and Council of Surinam, contrary to the said Articles
and the 12th Article of the Treaty of Peace between
England and Holland 1667, and the 5th Article of the
Peace of 1674, by an Order of their Court prohibited
Petitioner to remove or dispose of his estate, and
appointed Trustees over him to take an inventory of
his goods and slaves for that purpose, after which arrest,
they caused several vexatious and unjust criminal
prosecutions to be made against him, and especially in
a frivolous suit concerning the sale of a Negro slave,
they ordered their Fiscall to prosecute petitioner's life
and confiscation of his estate, but thinking that pro-
ceeding to be too scandalous for to be excus'd, they
laid an extravagant fine on him, and condemned him to
seven years imprisonment upon his own charge in their
Fort, where Major Bannister was putt in the like
manner, without admitting petitioner to bail or to appeal,
where Petitioner continued under inhuman usage near
four years, to the great damage of his health, trade and
estate, and then was delivered by His late Majesty's
most gracious intercession with the States General.
By these violent and hostile usages, and many other
such-like prosecutions at Surinam, Petitioner has
suffered above 35,OOOJ. sterl. damages, besides the loss
of his health, and the personal injuries, for which he has
delivered an exact account of all particulars, first to the
Governor and Council of Surinam, 1695, secondly to the
Proprietor of that Colony at Amsterdam, 1696,
thirdly to the States General of the United Provinces,
Sovereigns of that Colony, in 1697, but cannot obtain
any satisfaction. The States General have refused to
AMERICA AND WEST INDIES.
1702.
appoint Commissioners to examine his account of
damages and granting him liberty to remove his effects
and slaves from Surinam, which, according to the Treaty
of Peace 1667, the damages ought to be redressed within
12 months after demands of Justice, and by the Treaty
of 1674 passes for removing his effects, etc., ought to be
granted within 16 days after demanded. Instead, the
States General pretend to strip Petitioner of this birth-
right of an Englishman, and they have put a stop to all
his money in Holland and his effects in Surinam for
above 3 years. Prays for redress. Signed, Jer. Clifford.
Endorsed, Reed. March 26, Read April 21, 1702. 1 p.
360. iv. Copy of Jeronimy Clifford's claim against the Pro-
prietors of Surinam [see preceding]. Signed, Jeronimy
Clifford. Hague, Sept. 6, 1699. Printed. Dutch. 9J pp.
[C.O. 388, 75. Nos. 51, 51.i.-iv. ; and (without
enclosure iv.) 389, 40. pp. 120-129.]
April 21. 361. Journal of Assembly of Bermuda. The House met
and was adjourned till July 21. [C.O. 40, 2. p. 287.]
April 21.
U hitohall.
362. William Popple to Mr. Burchett. Enclosing duplicates
of Letters for the Proclamation of the Queen to be forwarded
to the West Indies. The Duplicates of the Letters for the
Continent which were sent you with the packet for Barbadoes,
will be delivered to Capt. Povey, Lieut. -Governor of the
Massachusetts Bay, who has acquainted this Board that he is
to take his passage in H.M. ship now bound to those parts. As
for the business of Newfoundland, the Lords Commissioners for
Trade and Plantations are preparing a draught of some further
Instructions to the Commander-in-Chief of the Convoy bound
thither, to be added to the Heads of Inquiry, which will be sent
to you in due time to be laid before H.E. the Lord High Admiral.
[C.O. 324, 8. pp. 146, 147.]
363. J. Burchett to William Popple. Acknowledging above.
I shall send the packets to-night with orders to Capt. Thomas
Legg, Express Advice-boat, to take to Barbadoes, and there stay
till he has his dispatches from the Council, and then to return to
England. The packet for Barbadoes I received March 21, was
dispatched to Capt. Warren, the Martin ketch, the 25th following,
that to Virginia was sent the same day I received your letter to
Captain Dove, who commanded the squadron of ships gone
thither. Signed, J. Burchett. Endorsed, Reed. Read April 25,
1702. Addressed. Sealed. 1$ pp. [C.O. 323, 3. No. 125;
and 324, 8. pp. 148, 149.]
April 21. 364. Minutes of Council of New York. Ordered that John
Barbarie be appointed to perform all such matters as Col.
Nicholas Bayard was appointed to do by an Order of Council
Jan. 15 last, in relation to the accounts of the Widow Cortlandt.
April 22.
Admiralty
Office-.
254 COLONIAL PAPERS.
1702.
Accounts in the hands of the Clerk of the Council referred to
be audited.
Petition of Isaac Deriemer, John Cornelisse, John Evetse, John
Plavier, Barent Chrisyanse, William Creed and Richard Cornwall
read, praying a licence to purchase vacant land in the County of
Suffolk, on the Island Nassau, to the East of the Town of
Huntington and the westward of Nessequalk, called by Indians
Katawamake and by the English Crope-meadow. Granted,
provided the purchase be made before a Justice of the Peace of
the County, and returned in Council within 12 months after the
date thereof.
April 22. Ordered that the Collector pay into the Escheator General
of this Province such moneys as shall be necessary for the
carrying on the affairs of his office in putting in execution the
Act for confiscating the estate of Robert Livingston.
The[re ?] being no [sic ? an] urgent occasion for moneys to
begin the fortifications at Albany, and none being to be procured
on Bills of Exchange drawn by the Governor on H.M. Treasury
according to H.M. direction, and Col. Abraham Depeyster
offering for Bills of Exchange for 5001. sterl. on the Treasury in
England immediately to advance 2001. current money of New
York for the beginning the said work and the other 300Z. so soon
as he shall receive advice that the same is paid, on condition
that this Board will engage that in case the said Bills be not duly
accepted and paid, that the 200 J. with the charges for want
thereof, shall be immediately paid unto him, preferable to all
other payments whatsoever out of H.M. Revenue, which this
Board engaged accordingly.
April 23. Petition of Daniel Lake and Joseph Holms read. Ordered that
Letters Patents be prepared for a parcel of land in the County
of Richmond adjoining the lands of Peter and Isaac Billjean,
Abraham Lakerman, William Barker, Tennis Egbert, Vincent
Fountain, Jaques Guyen, containing 200 acres under a quit-rent
of 12s. New York money. But in consideration that Daniel
Lake has been in possession of the said land without any title
thereto from Feb. 12, 1695, and cut down the timber and reaped
the profits thereof, ordered that he first pay the quit-rent of 12s.
for every year since that date.
Petition of Anthony Tysen read, setting forth that he had
purchased from Daniel Shottwell 130 acres in the County of
Richmond, which in the patent was particularly bounded with
meadow proportionable thereto, and that he is informed by those
words he is not legally entitled to any meadow whatsoever, without
which his land is of no value, and therefore prayed a confirmation
of the former patent with 27 acres of meadow in two parcels lying
in the Fresh Kill, bounded by the land of Lamber and Seeker
Garrittson, John Micheels, Aarent Praall, John Garriott, con-
taining 1 7 acres. Letters Patents granted under the yearly quit-
rent of 14s. [C.O. 5, 1184. pp. 659-662.]
April 21. 365. Journal of Assembly of Barbados. The House adjourned
till to-morrow.
AMERICA AND WEST INDIES. L> r, :-
1702.
April 22. Hill for securing the possession of negroes, etc., read with
amendments and agreed to.
Lord Grey's letter read. Letter of thanks ordered.
Naturalisation Bills [see April 14] read a second and third time.
After a conference of the two Houses, the Bill for securing the
possession of nej/roes wjis consented N> and pu>-ed.
Tin- A--embly's year expiring on May 5th, ordered that their
Records be left in the hands of the Speaker and delivered by him
to the new Speaker. [C.O. 31, 6. pp. 464-466.)
April 22. 366. Minutes of Council of Barbados. Letter from the
Council of Trade and Plantations, Nov. 4th, 1701, to Lord Grey
read.
1441. 14s. 1 ['/. paid to Samuel Cox for money laid out on the
fortifications of St. Michael's.
50/. paid to Capt. Gilbert as recommended by the Assembly.
The Hon. Col. George Andrews was given leave to go for
England.
Col. Abell Alleyne appointed Chief Baron of the Court of
Exchequer in place of John Hooker formerly appointed.
356/. ISs. 4d. paid to Capt. Philip Kirton for fortifications
of St. Michael's.
The two Houses entered into conference on the question of the
writ of So. Joseph's, and after long debate the matter was left
undetermined.
And see preceding abstract. [C.O. 31, 6. pp. 204-209.]
April 22. 367. Mr. Thurston to Mr. Popple. The provisioas for the
Company at Newfoundland are all ready to be put on board at
such time as the convoys shall sail, which shall be three weeks at
farthest. The materials for the fortifications are on l>oard, and
the ships ready to sail, except the bomb, which the Board of
Ordnance represents as not belonging to them to furnish, but
to the Navy, and Mr. Pulteney has this morning told me that
my Lord High Admiral has been writ to, on a Representation
made to the Council, but I cannot be informed at either of
those places that the same has been done. The Treasury has not
as yet ordered the money either for subsistance orcloaths, having
refer'd the examination of the demand to the Earl of Ranelagh,
who has not yet dispatch 't his report. Signed, J. Thurston.
Endorsed, Reed. Read April 22, 1702. Addressed. II pp.
[C.O. 192, 4. No. 73 ; and 195, 3. pp. 74, 75.]
April 22. 368. William Popple to Mr. Attorney General. The Council
Whitehall. o f Trade and Plantations send you the enclosed copies of warrants
issued l)\ tin Lt.-Gov. and Council for the Commitment of John
Hutch ins and Col. Bayard, together with a copy of an Act of
New York, 1691, for quieting disorders, etc., and thereupon
desire your opinion whether the said warrants be legal, and
whether the crimes charged upon both or either of those persons
in the said warrants do amount to High Treason within the
meaning or construction of the said Act ; unto which tlu-ir
256 COLONIAL PAPERS.
1702.
Lordships desire you to let them have your speedy answer, because
the circumstances of this affair do require them to lay a report
thereupon before H.M. without delay. [(7.0. 5, 1119. p. 93.]
April 23. 369. Governor Codrington to the Council of Trade and
Antigua. Plantations. I have just now received copies of Mr. Freeman's
and Mr. Mead's complaints against me, but not the honour of
any letter from your Lordships, and indeed if I were guilty of one
single tittle of what I am accused, I should be altogether
unworthy the honour of your Lordships' correspondence as well
as of my Master's favour. I am as sensible of calumny as any
man living, and yet that which has been thrown on me is so far
from giving me the least disturbance that I ought to be proud
my enemys have, forct me on the necessity of giving an acct. of
my conduct to the King, yr. Lordps., ye House of Commons and
the world, and then my innocence and the business of my enemies
will appear to a degree beyond what 'tis possible for your
Lordships to expect. Depend upon it, my good Lordships,
I beseech you, that Demonstration itself shall not be clearer
than the proofs of my justice and the folly and madness of
Mr. Mead and Mr. Freeman. And I have no concern upon me
but this (which ought to be the common concern of all honest
men) yt two men can be found that dare assert so many groundless
and notorious falsitys before your Lordships and the House of
Commons. Impalement ought to be either their sentence or
mine. The papers necessary for my justification are at Nevis
and St. Kitts, whither I will hasten in two or three days. I only
beg your Lordships' patience, the justice I am secure of, and
I hope to deserve your good opinions : if not, my Lords, I'le
punish myself more severely than even Mr. Mead or Mr. Freeman
would wish me treated for I'le forgive them and turn monk.
Signed, Chr. Codrington. I beg leave at present onely to observe
that I have been so far from hindering any due course of Law
on Mr. Freeman's account, that I have desired and prest it, as
Col. Elrington, one of his Attorneys, as well as Mr. Poxon must
confess yt the affair might have been properly brought before
the King in Council and finally determined. Col. Elrington had
no instructions in the matter, and was not willing to doe anything
without them, and as for Mr. Poxon, he coud not, for, by his
petition to me now on record at St. Kits, he claimed his right of
possession as heir and executor to his father, who had had two
leases from De Chambre of 11 years each, and for which he is
now accountable 120 hhds. of sugar and this is the true reason
of all the clamour. For if De Chambre's title be out of doors, ye
debt's paid ; and Mr. Poxon I fancy has no other way of paying
the debt. 'Tis plain Mr. Freeman had no value for the land
himself, for by his letter to Col. Norton (which he little believes
is in my custody), he is very willing to compound for a quarter,
not for himself, but neice, Mr. Poxon's wife. I have desired my
Attorneys to prefer a bill of discovery against Mr. Freeman, and
he will be convinct in time that I have more to expect from the
Law and right of an Englishman than he has. One particular
AMERICA AND WEST IVDIKv 257
1702.
more I beg to observe to your Lordships, which is the hardship
I lye under by being accused at this distance, that my l-Yi-nU
thcmsrlvt-s take fart* tor L r raut-<l uhi.-h m DOtOfiOlltfo f.iU-,
and defend me upon false hypotheses. My Lords, I value the
reputation of my morals above that of my understanding, but
I presume I shall defend the one without any disadvantage to
the other, and I believe it will be found I have enough of both to
be a West Indian Governor longer than I intend to continue so.
"Tis affirmed and taken for a truth that I sat on the Bench with
the Judges, and acted as Chief Justice, and the examples of
former Governors are to protect me, it seems, for k[n]averv or
folly are supposed to be entailed on ye employ. My Lords, I
have endeavoured to remove many absurd practices which were
very currant here, and therefore must doe myself the right to
say I was above so great a one as this. I may indeed sit as Chief
Judge in Criminal matters by the particular Act of Courts of this
Island, but it never enter'd into my head to sit as Chief Justice
in cases concerning which I was agen to determine in Appeals.
The naked truth of the matter is this I have generally been
present at our Courts of Justice, for two reasons, the first, to
see that speedy and impartial justice be done for the King's
subjects of all ranks whatever, and to judge of the probity and
capacity of the Judges and their Assistants ; and secondly, in
obedience to your Lordships' commands, that I might be able
to send you the scheme you ordered me, which yet I have not
been able to effect, for I cannot tell how I should give your
Lordships an account of our Judicature without any observations
of it. Upon these grounds, my Lords, it was that I went into
the Court House at Nevis, where there were then to be tried
14 titles of land (all but one, as I was informed, that could ever
be disputed in the Island). I would have gone up into the gallery,
but some Gentlewomen had taken place there, and I was not
willing to disturb them ; upon which I sat down with
Col. Ellington and Col. Hamilton on a bench on the left hand of
the Judges, and several people were between us. When
Mr. Herbert's cause came on, Mr. Brodric, his Councel, moved
for an execution on a former judgment, which had been
rendered ineffectual by an Order of Sir Nathaniel Johnson, and
affirmed that a scire facias was not necessary in this case, because
his client had not deferred the execution of the judgment himself,
but had been arbitralily and illegally denyed the benefit of it by
an order that neither was a supersedeas, an injunction upon
a Bill, nor a reversal upon a writ of error. The Judges did not
know very well what to make of all this, but after Mr. Brodric
had argued and Mr. Cole scolded half an hour, an execution was
denied (by which 'tis plain I did not influence the Judges) and
a new tryall resolved on according to the summons with which
Mr. Mead had been served. It was then ordered that Plaintiff
and Defendant should enter in a rule. Mr. Mead, who stood just
behind Mr. Cole, very angrily and noisily said, he would enter
into noe rule ; that the estate was not his, but an orphan's in
England, that he had no instructions nor papers, that the deeds
c 17
258 COLONIAL PAPERS.
1702.
were at home, and he hopt they would take care of a poor orphan,
and this he repeated (together with his Councels in chorus) twenty
times very insolently and indecently. Mr. Brodric thereupon
desired to be heard one word in quiet, and told the Judges that
he insisted upon nothing but what was plain Law and constant
practice ; that the matter admitted no dispute, but that
Mr. Mead, the tenant in possession, must either appear to the
cause and enter into a rule, or judgment must go by default ;
that as to the orphan, he had no busnes with him ; that he
believed there was no such, unles in Utopia, for 'twas equally
strange that Mr. Mead, who claimed under him, should know
nothing of his title, as that no other person should be empowered
to appear for him ; that if he coud not have justice, he had his
Bill of Exceptions to tender, and would carry the cause to another
place. Upon this, Mr. Cole cried out, Don't let Mr. Brodric
frighten you, Gentlemen, I'le warrant I'le defend you against his
Bill of Exceptions. Col. Butler, one of the Judges, resented this
language extreamly, bid Mr. Cole have a care how he us'd such
for the future, that they were upon their oaths, and would not be
frightened by Mr. Brodric or any one else, that he did not see
how they coud deny judgement by default, if Mr. Mead would
not proceed to a trial. Mr. Cole cried out, Tis not Mr. Mead's
cause, 'tis the Orphan's cause, and I appear for the Orphan.
Mr. Brodric answered, it was now too late for any new party to
be received, besides he had no power to appear. Then, said
Mr. Cole, I demand a power, I demand letters of guardianship
from the Court. The Court answered, 'twas not their busnes
to grant letters of Guardianship, but the Chief Governor's. Upon
this I got up and said that I thought both as Chancellor and
Ordinary here I was obliged to take care of orphans, and desired
to know why application had not been made to me. Mr. Cole
said he desired onely letters of Guardianship for the particular
cause, and that 'twas proper for the Court to grant them, and
turning to some Law-books, read a passage. Mr. Brodric said
he was sorry he had so often occasion to tell the Solicitor General
that he was fitter for a counter than the Bar, and to advise him to
return to his shop agen, and showed that it was the Plaintiff's
busnes to desire a Guardian might be appointed when the
Defendant was a Minor. Mr. Mead here (who all along took care
to repeat and insist upon the very silliest things his Councel
advanct) made a mighty bustle about letters of Guardianship,
upon wch. I said the Secretary could draw letters for me to sign
as soon as for the Court, and they should be dispatcht immediately.
Upon this Col. Hamilton got up, and said publicly to Mr. Mead,
he wondered he would trifle at that rate, when it was notorious
to the whole Island that Mr. Justice Tovy was Attorney to the
Orphan's Father-in-Law, who to be sure was his Guardian, and
that by virtue of that power he received the rents due both from
himself for a small piece of land, as well as from Mr. Mead for the
two Plantations. 'Twas this, my Lords, raised my indignation
to the height, and I was noe longer master of my zeal. I said to
him in terms as nere these as I can recollect, Mr. Mead, I have
AMERICA AND WEST INDIES. 259
1702.
had a very scandalous character of this cause, but I find it worse
than I expected. It has been long the scandal of this Island, and
I find you design it shall continue so, but you will find yourself
mistaken. These Islands suffer very much in their interest as
well as honour by the general complaint which prevails at home
that there is a very great obstruction of justice amongst us,
and this lately occasioned a Bill to be brought into the House of
Commons, which would be fatal to these Colonies, if it should be
past into Law, but if the currant of Justice sink in one place, it
will rise in another, and those causes that cannot have a fair
hearing here, must be carryed into Westminster Hall. This
cause, I assure you, shall be delayed no longer upon vain and
frivolous pretences. I have heard nothing on the one side but
reason and Law, and on the other nothing but poor and idle
evasions. The Judges are on their oaths, and so would a jury be,
if you thought fit to have one, but some determination or other
must be. I don't wonder that you choose a Judgment by default
rather than a verdict. I said to the Gentlemen of the Council and
Assembly at my arrival that I came with resolutions as well as
instructions to act according to Law. I am fully satisfied that
Government is or ought to be the Empire of Laws, and not of
men, and this principle is so universal that all Magistrates what-
ever are bound by it, an Emperor as well as a Petty Constable.
Our Master thinks himself circumscribed by the Laws, tho'
without reach of its vengeance, and shall a subject trifle with it ?
Noe, Sir, tho' I doe not understand forms and nicetys, I will
take care the power and equity of it shall prevail, and whilst
I have the honour of commanding here, Justice shall be too
powerful for the wealth, the art, the avarice and the insolence
of any man whatsoever. I believe, my Lords, I might speak
these words with a vehemence which the nature of the cause
demanded, and which might be terrible to a guilty man and
if these words be my crime, may my crime remain engrav'd on
my tomb, and may Mr. Mead and Mr. Freeman have the
pleasure of laying me under it. My Lords, tho' I am not a good
Christian, I believe another world, and so does every man else
without controversy. If I were now at home, I wd. only desire
Mr. Mead to receive the Sacrament with me at the hands of some
venerable good man, whose presence might strike the horrors
of damnation into him, that damnation which will certainly be
the reward of malice, envy, perjury and oppression, and then
I would ask him a few questions What he thinks of his own cause ?
By what arts has he supported it so long ? What bribes he has
given to Governors before my Father's time, and since he knew
he would not be bribed, what methods he has taken with Judges
and Lawyers, particularly what advice Mr. Palmer gave him,
and whether for 300 pieces of eight the Lawyer, feed by
Mr. Herbert beyond what he was well able to give, did not, just
as the cause was come to tryal, run away to Mount-Serrat ? Why
he accuses JIM- >t" unmting a Special Court against him, when there
were 14 causes of titles of land depending ? Why he affirms
I encouraged the suit against him, when it was begun before
260 COLONIAL PAPERS.
1702.
my arrival, and his quarrel to Col. Fox and his petition to me
against him grounded on this, that he had directed one of his
lawyers (for he had feed them all) to be of Councel to Mr. Herbert ?
Why he accuses me of partiality to Mr. Herbert when by the
aeternal God to my knowlege I never saw him before I saw him
in Court at the tryal ? Why he accuses me of a denyal of an
Appeal, when not onely the contrary appears on record, but he
must remember that very day of tryal I offered to sign a writ of
error, to remove the record and goe up to Antigua the very next
day to hear the errors argued, and he answered me, 'twoud be
time enough at my return from St. Kits and Mountserrat ?
Whether the true reason of the delay on his part was not that
Mr. Brodric might be gone for England before the hearing ?
And lastly, when the errors were heard upon the first motion
regularly made by his Lawyer, Mr. Keck, and the judgement
affirmed by the whole Council (his particular friend, tho' a much
better man, Col. Pearn assisting, who likewise offered security
for Mr. Mead's carrying on the appeal) where the appeal lay so
long ? and whether he had not received it at least two months
before his petition? Whether Mr. Cole's letter to him was not
by direction, as well as his affidavit concerning Mr. Brodric's
using my name, wch, if true, was without my direction, tho'
what was done upon it was customary here, and at that time
granted because Mr. Mead had cut down the orange-trees, puld
up Coppers, mils, etc., and was doing all the ill-natured mischief
he coud to the Plantations, a sufficient proof that he expected
no success from his appeal. If he wd. answer these questions,
there woud need neither factums nor proofs, and by the same
holy Sacrament I would protest, as I doe now before Almighty
God, that I never did, nor ever will receive of Mr. Herbert, or
any man living one shilling, directly or indirectly ; that I never
heard he intended to sell his plantation, nor had I ever the least
spark of an intention to purchase it ; that whatever I did, to the
best of my understanding was my duty, and proceeded from a
concern to see a poor man so basely opprest by a rich and potent
adversary. As this is true, so help me God. Signed, Chr.
Codrington. Endorsed, Reed. 8th, Read July 10, 1702. Holo-
graph. 16 pp. [C.O. 152, 4. No. 94 ; and 153, 7. pp. 472-486.]
April 23. 370. Copy of preceding. Subscribed, Nevis, May 21, 1702.
I do hereby certifie that H.E. Christopher Codrington, Esq., this
day read this letter paragraph by paragraph to the Councill, and
they owned the same to be every word of it true. Signed,
Geo. Larkin, Notary Publick. 12 pp. [C.O. 152, 4. No. 95.]
April 24. 371. J. Thurston to Mr. Popple. The Board of Ordnance
still continue to refuse furnishing the Bomb, and say that, if
Orders be repeated to them, they cannot obey them in a matter
that no way belongs to 'em.
P-S. They say they have represented this to the Lord High
Admiral, and have observed that the Bombs now at Plymouth,
AMERICA AND WEST INDIES.
201
1702.
Hull, etc., were provided by that Office. Signed, J. Thurston,
/></orerf, Reed. Read April 24, 1702. 1 p. [C.O. 194, 2.
No. 74 ; and 195, 3. p. 76.]
April 24. 372- Council of Trade and Plantations to the Lords
\vliiti-huii. Commissioners of the Treasury. Four ships being ready to sail
for Newfoundland. ue take leave to remind your Lordships of
the money necessary for the subsistance and cloathing of the
soldiers there for the next year. Signed, Stamford, Root. Cecil,
Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior.
[C.O. 195, 3. pp. 75, 70.]
April 24. 373. Col. Nicholas Bayard to the Council of Trade and
York Plantations. The favour which I received from your Lordships
when I was lately in England, together with the pressure of the
present most unhappy circumstances and particularly those as
do relate to myself, encourage myselfe to apply to your Lordships ;
moreover since I expect that some of my ill-wishers now here at
the helm of Government may, as formerly has been done,
misrepresent some matters lately happen 'd, by wch. means they
have brought myself and family by coullor of I^aw and Justice
to the brink of mine ; without any regard to my faithful services
to the Crown and Province near the space of 35 years, as all
indifferent good men will certify. Only the unhappy divisions
by wch. I have suffered very much, arc the chief and only cause
of these our new calamities, which if not soone healed by the
prudence of a Governor, or some directions from H.M., will ever
prove very destructive to this hopefull, bleeding Province, and
though some young men and strangers endeavour by their
representations to magnify themselves, and lessen their neigh-
bours, usually called the English partie, yet I can assure your
Lordships that by the 47 years' observations and experience
1 lived here, I know 'em to be the more numerous by much and
arc as hearty Protestants, and as forward anil zealous for H.M.
service as any of the others can boast of, wch. I refer to what any
of the preceding Governors can say on that account.
It was about the latter end of the last summer that wq had the
news by several letters from England that the Lord Viscount
Cornbury was appointed to be Governor, but the said news was
soone contradicted by letters said to be received that his Lordship
was not like to come, being otherwise provided for. This
occasioned that some of H.M. good and faithful subjects in this
Province, who supposed themselves to lay under some hardships
without hopes of relief here, were encouraged by the best Councill
they had, that it was lawful for the subject to petition the King
and Parliament to be relieved therein, and in order thereunto
two Addresses, one to H.M. and another to the Parliament with
duplicates were drawn up together with a Congratulation to the
Lord Cornbury to be delivered at his Lordship's safe arrival,
and were signed (without any the least disturbance whatsoever)
by most of the principal merchants and many of the Freeholders
and Inhabitants within this Citty, and amongst the rest by two
262 COLONIAL PAPERS.
1702.
Members of H.M. Council, and several Justices of the Peace.
The two first of said Addresses were delivered to one Capt.
Darkins, Master of a vessel then bound for England, about three
weeks before it was heard our Lt.-Gov. and Council had any
acct. thereof, who at the first discovery seemed to be much
disturbed and offended abt. it, and great threatenings were made
to prosecute the subscribers for sedition, rebellion and High
Treason, which soo frighted some of them that they secured both
the originals and coppyes, for feare of some wrong construction
might be made upon any of the words or meaning of said
Addresses. Whereupon myself and one Alderman Jno. Hutchins
were by the Lt.-Gov. and Council committed for High Treason,
and some others ordered to be prosecuted by the Attorney General,
and a special Commission issued for our trials, and tho' I made
application first to the High Sherif and afterwards by petition to
the Court that I might have an impartial English jury allowed
me upon my trial, yet I had put upon me both a Grand and
Petty Jury, some of 'em aliens, and the rest most of 'em either
very ignorant in the English language, or my implacable enemies
on account of the said unhappy divisions, and very many of them
a partie concerned against mee in relation of the grievances
in said Addresses complained of. I dare not trouble your Lordps.
with innumerating the hardships I met with in the whole course
of the sd. trials, only beg leave to mention that the whole
substance of what was sworne against mee (as will appeare by the
evidences then and there at my tryall taken) to be as followeth,
vizt., That I had been present at the Coffy House at the signing
of the said Addresses by several Merchants and Inhabitants, and
that one of them had signed at my owne house, and that I told
him it was for the good of the Country ; item, that I had brought
some papers, being said Addresses, at the house of Alderman
Hutchins, and lastly that I, together with Mr. Rip van Dam,
Mr. Philip French and Capt. Tho. Wenham had preferred a
petition to the Lt.-Gov. and Council in which was this expression,
vizt., " And another Addresse to my Lord Cornbury whom wee
understand, by certain advice wee have reed, from England, to
be nominated by H.M. to succeed the late Earl of Bellomont
as our Governor." Wch. said expression was construed at my
trial to be a disowning and casting of the present authority here
established by H.M. Commission to our Lt.-Gov Nanfan. Now
for this, may it please your Lordships, I had sentence of death
pronounced against mee, without any hopes of releefe but by
being reprieved from this execution till H.M. pleasure should be
knowne therein, and in order thereunto I applied myselfe in
the most humblest manner to his honour the Lt.-Gov. for the
same, and by six several petitions humbly submitted myselfe
to the said sentence, but were all of 'em from time to time
rejected, because I did not in them voluntarily acknowledge
myself to be guilty of the crime, without which I was told no
reprieve was to be granted, wch. I could not do, knowing myselfe
to be innocent, and soo sin against God and my conscience.
I was put in irons for several! dayes, and by special cornuiancl
AMKKK \ AND WEST INDIES. Ml
1701.
forbidden tin >ptveh, Might or advice of any of my friend*, and
particularly those of my son and other relation* ; and tho* many
intercessions were made by several 1 of tin- neighbour Governors
and many other gentlemen \ honour and worth, yet none could
obtain the said repri* -ve. unions I did confesse myselfe to be
guilty, soo the day of my execution was prefixt ami notifyed to
myself accordingly, which occasioned to prevent the fatal strook,
that a Petition was drawn up for me to sign, in which it was
\pivst that I owned myself to be soo unhappy as to syne the said
Addresses, and had encouraged some others to sign the same, and
that I was sorrowful for the offence which, by the said sentence,
I did find I had given, and l>eg'd pardon for it. Whereupon a
message was sent me, I should nave said reprieve granted,
provided I raced out which by the said Sentence, together with the
word given, and enterlin'd in lieu of that word committed, which
latter (with much regret and being extrcamly disturbed and
almost distracted in my senses) I was prevailed to do ; but not
the former, because I told 'em, if it was not for said sentence, I
waa not sencible of any offence I had given or committed ; where-
upon I had at last the said reprieve granted ; and soon after my
said Petition was by order printed, and construed that I had
acknowledged myself to be guilty of the crime of High Treason.
I implore your Lordships' bounty and goodneaae in the most
favorable manner to represent unto his Sacred Majesty the
hardship and severity of your supplicant's case and circumstances,
together with his former manyfold services and sufferings, in
order for the speedy obtaining H.M. gracious pardon, wch. I
have desired some of my friends to solicite in my behalfe. Signed,
N. Bayard. Endorsed, Reed. 10th., Read 13th July, 1702.
Holograph. 3 pp. [C.O. 5, 1047. No. 41; and 5, 1119.
pp. 167-174.]
April 24. 374. Journal of Council of Trade and Plantations. Letter
Whitehall, from the President and Council of Barbadoes, Feb. 19, read,
and papers enclosed laid before the Board.
Order of Council, April 17, read. Directions given for preparing
a report on the 4J p.c. accordingly.
Letter to the Treasury signed and delivered to Mr. Thurston.
Letter from Mr. Thurston read. Directions for a letter to the
Earl of Manchester ordered thereupon.
Orders of Council, March 18, laid before the Board.
April 25. Memorial from Col. Quay read. Thereupon ordered that
Mr. Penn be desired to bring in his answer to the heads of
complaints, that have already been given him, on Tuesday.
Letter to the Earl of Manchester signed.
Letter from Mr. Burchet, April 22, laid before the
Board.
Letter to Mr. Burchet ordered.
Ordered that the Secretary write again to the Barbadoes
Agents, to desire their answer on Monday to what has already
been writ to them April 4th and 20th.
264 COLONIAL PAPERS.
1702.
Copies ordered to be given to Mr. Champante, at his request,
of the mittimus of Col. Bayard and Mr. Hutchins, and of Minutes
of Council of New York Jan. 16-21.
Answer of Mr. Attorney General to queries of April 22 read.
Progress made in Report on the 4| p.c. [C.O. 391, 14.
pp. 430-435 ; and 391, 96. Nos. 73, 74.]
[April 25.] 375- Robert Quary to the Council of Trade and Plantations.
H.M. Service requires my hastening back to America. All the
merchants' ships designed for those parts will be ready to sail
in a week's time at farthest. After these are gone I shall not be
able to get a passage. Wherefore I doe most humbly request
that Mr. Penn's business may be brought to a speedy hearing,
and that your Lordships will please to give order for the dispatch
of such Commission, Orders and Instructions wch. you design
for me. Signed, Robt. Quary. Endorsed, Reed. Read April 25,
1702. Holograph. 1 p. [C.O. 5, 1261. No. 84.]
April 25. 376. William Popple to Josiah Burchett. I enclose the
Whitehall, usual Heads of Enquiry with some additional Instructions for
the Commodore of the Newfoundland Squadron. In order to
the dispatch of a Commission for the said Commodore to command
at land during his stay in those parts, the Council of Trade and
Plantations have sent a draught of that Commission to the
Earl of Manchester, and desired his Lordship to lay the same
before H.M. Annexed,
376. i. Heads of Enquiry relating to the Trade and Fishery
of Newfoundland to be given as Instructions to Capt.
Thomas Swanton, Commander-in-Chief of the New-
foundland Convoy. Of the same tenor as those given
last year. See Col. 1701. No. 242. Additional
Instructions : after enumerating Capt. Graydon's
replies [Cal. 1701, No. 879.xii.] : You are to take care so
far as in you lies that the best remedies be applied for
the prevention of these mischiefs, and to report your
opinion thereupon, in order to further consideration,
and the preparing of such clauses to be proposed at the
next Sessions of Parliament as may be requisite for the
more effectual regulating that Trade. And whereas
complaints hath been made from thence against
Mr. Thurston, Agent for the Company of Foot-soldiers
there, as if he had not duly remitted the subsistence
money allowed them, unto which he has returned such
answer and accounts as seem to be without exception,
but it being nevertheless thought requisite that a more
perfect examination be made of those matters, you
are to make strict enquiries into the state of these
accounts and likewise into the disposal of the Provisions
sent thither the last year, and those now sent, and
into the method and regularity of the payment of the
officers and soldiers, and of their behaviour, and as much
AMERICA AND WEST INDIES.
ftU
170:2.
April 25.
.IllllllllCll.
April 25.
Jamaica.
a in you lies, to redress what abuses you may find in
those particulars, and to return an account thereof to
one of H.M. Principal Seci of State and to the
Lords Commissioners for Trade and Plantations by the
first opportunity. [C.O. 195, 3. pp. 77-94.]
377. Council of Trade and Plantations to the Earl of
Manchester. Refer to Order in Council, March 26. The Board
of Ordnance still refuse to furnish the Boom for Newfoundland
[See April 24], We desire your Lordships to lay this matter
before H.M., as being of great importance that some speedy
Order be given therein, the convoy being ordered to sail the
beginning of next month.
Draught of Commission, for Thomas S wanton, Commodore of
the Convoy, to command in chief the Forts and soldiers there,
enclosed for H.M. signature. Signed, Stamford, Robt. Cecil,
Ph. Meadows, Wm. Blathwayt, John Pollcxfcn, Mat. Prior.
[C.O. 195, 3. pp. 95, 96.]
378. Lt.-Gov. Beckford to the Council of Trade and
Plantations. We have advice by a sloop that sailed from
Curacoa to Manchaneel on Cuba to trade with the Spaniards,
and from thence putt in for wood and water on the North side of
this Island, that the French Fleet sayled from Leogane abt. the
last of March ; for the 4th of April they were seen to pass by
St. Jago upon Cuba, bearing downe with a full sail, and at
St. Jago they sent a pacquett ashore for the Havana. This news
confirms what I reed, by a vessel of this Island, who put in to
Port Louis on the Isle de la Vache, which is the new settlement
made by the French on the South side of Hispaniola, the Master
informed me that 24 ships of war from CO to 70 guns came into
Leogane the 12th of March N.S. and sayled about the 22nd for
the Havana : so wee are now assured that they are either there
or gone for Europe with the Spanish Fleet, if they will trust
themselves under their convoy.
I have perused H.M. Instructions to the late Genii, which to
bee sure I shall pay a read}' obedience to ; but yet must beg
leave to lay before your Lordships my opinion concerning the
Instruction about fines, forfeitures and escheats. The words are,
' You shall not remitt any fines, or forfeitures whatsoever, above
the sum of 10/., before or after sentences given, nor dispose of
any escheats, fines, or forfeitures whatsoever untill upon
signifying to the Commissioners of H.M. Treasury, or High
Treasurer for the time being, and to H.M. Commissioners for
Trade, the nature of the offence, and the occasion of such fines,
forfeitures or escheats, with the pcrticular sums and value
thereof, you shall have received directions therein ; but you
may in the meantime suspend the payment of such fines and
forfeitures. This Instruction in relation to Escheats will, I
think, prove disadvantageous to H.M. and the settlement of this
Island ; for 1st it will discourage all discoveryes of land and
other estate, .which by any way or moanes should revert to
266 COLONIAL PAPERS.
1702.
King ; such discoverers giveing information to Governours in
hopes of obtaining a grant at the appraised value ; 2ndly, before
a Plantation and Negroes can be disposed of, it will be almost
ruined, the negroes run away or prove rebellious [for] want of a
Master ; for it will be no one's interest to look after it, and may
be at too far a distance for a Governour -to take care of it ;
3rdly, no goods will be made of it for two years following, a
Plantation being like a garden, one moneth's neglect puts it
six months backward, and consequently 'twill be a lesning of
H.M. Customs ; and 4thly, this will not wholly obstruct a
Governor's making advantage by it. As to the Instruction
about the Commission for the Try alls of Pirates, and an Act
intituled An Act for the more effectual suppression of Piracye,
the Commission and the Instructions differs in these points, vizt.
(1) The Commission in the recital of the Act, leaves out the
Members of the Council. (2) The Act appoints that the Court
shall consist of seaven persons at the least, and if so many of the
persons aforesaid can not conveniently be assembled, any three
of the said persons, whereof the President and Chief of some
English Factory, or the Governour, Lieutenant Governour, or
Member of H.M. Council in any of the Plantations or Colonies
aforesaid, or Commander of one of H.M. ships is always to be one,
shall have power to call, etc. The Commission differs herein, for
the words of that are : And if so many of you our said Com-
missioners cannot conveniently be assembled, any three or more
of you, whereof you, the said Sir Wm. Beeston, or the Governor
or Commander-in-Chief of the said Bahama Islands, or the
Governor of either of the said Islands, always to be one.
3rdly, The Court shall publicly be called and proclaimed ; then
the President of the Court shall in the first place publickly in
open Court take the following oaths, etc., and he having taken the
oaths shall immediately administer the same oaths to the persons
who shall sit, etc." The Commission differs herein, for the words
of the Commission are, And you, the said Sir Wm. Beeston, or
the Governor of the Bahama Islands, or the Governor or Com-
mander-in-Chief of either of the said Islands for the time being,
having taken the oaths in manner aforesaid, shall immediately
administer the same to every person who shall sit, and have
and give a voice in the said Court upon the tryall of any such
person or persons aforesaid. But we have an Act " for the
restraining and punishing Privateers and Pirates," which puts
the Act of the 28th Hen. VIII in its full force here ; for the
difficulty of sending accessories and evidences will be great, and
the charge greater, the Instruction not mentioning who shall
beare it. As to the Instruction about establishing a Court of
Exchequer, our Law here intituled an Act for establishing Courts,
etc., gives power to our Judges here to proceed as the Courts of
King's Bench and Exchequer in England, and will, I thinke,
answer the end proposed. The chief obstruction in getting H.M.
Quit-Rents seems to me to arise from the too often removals
of the Deputies in the Receiver General and Secretaries Offices,
either for gain or displeasure, an4 sometimes by death, whiSh
AMERICA AND WEST INDIES. 267
1702.
often happens in these part*. Thus have I laid down my poor
sentiments, to be weighed by your Lordships' more mature
Judgments, and on my further perusal of the Instructions, I may
have something more to trouble your Lordps. with.
Our Assembly is now sitting, and I hope are persuaded into
soe calme a temper that they will goo on unanimously to provide
for the securitye and good of the Island. Signed, Pe. Beckford.
Endorsed, Reed. June 29, Read July 24, 1702. 3 pp. Enclosed,
378. i. Duplicate of letter, April 9, Lt.-Gov. Beckford to the
Council of Trade and Plantations. 2 ////.
378. ii. Memorandum of H.M. Account of impost, Sept. 29,
1701-March 25, 1702. i p.
378. in. Memorandum of H.M. Account of Quit-Rents, Sept. 29,
1701 March 25, 1702. $ p.
378. iv. Memorandum of H.M. Account Current, Sept. 29,
1701 March 25, 1702. J p.
378. v. Memorandum of H.M. Account of Fines, Forfeitures
and Escheats, Sept. 29, 1701 March 25, 1702. J p.
378. vi. Memorandum of H.M. Account of Fortifications,
1701. i p. [C.O. 137, 6. Nos. 05, O5.i.-vi. ; and
(without enclosures) 138, 10. pp. 345-35 l.J
[April 25.] 379. Attorney General to Council of Trade ami Plantations.
In obedience to your Lordships' enquiry [No. ]. I am of
opinion that the warrants are sufficient in form to charge Nicholas
Bayard with High Treason within the Act of New York annexed,
and John Hut/chins with a misdemeanour, and that there is as
much certainty in them of the nature of the crimes charged as
is necessary in warrants of commitment, though there must be
much greater certainty in the indictments that shall be preferred
against them. I presume the evidence the Council of New York
had against these men is transmitted to your Lordships, and,
with great submission to your Lordps., I think the question is
not whether the warrants of commitment be tm mall, but whether
the evidence given to the Councill be sufficient to charge them
with the crimes mentioned in the warrants, of which I not having
had any account, I cannot give any opinion. This only I observe,
that it appears by the warrant for committing Hutchins that
the Councill required him to produce a libell he is charged to be
the author of, which was to accuse himselfe, and his refusing to
produce it, is alledged as part of his crime. Signed, Edw.
Northey. Endorsed, Reed. Read April 25, 1702. lj pp. [C.O. 5,
1047. No. 42; and 5, 1119. pp. 94, 95.]
April 25. 380. Minutes of Council of Virginia. Warrants for several
salaries, etc., signed.
H.E. communicating several letters, which he lately received
from England, giving an account that a war will in all
probability very speedily breack forth, and that several of H.M.
ships of war are ordered for the Colony to convey home the
merchants ships trading here and in Maryland, and may bo daily
268 COLONIAL PAPERS.
1702.
expected, an embargo was laid on all vessels now being or that
hereafter shall arrive in this Colony until further orders.
Letter from the Council of Trade and Plantations, Nov. 4,
1701, concerning seamen taken out of the John galley by pirates,
read and ordered to be recorded in the Council Office.
The Cargo for the French Refugees remaining yet undisposed
of, it was recommended to Col. Byrd to use his endeavours for
disposing of it.
H.E. appointed the following Sheriffs :
Princess Ann County
Norfolk County Samuel Boush.
Nansimond County . . . . Charles Drewry.
Isle of Wight County . . . . William Bridger.
Surrey County
Charles City County . . . . Charles Goodrich.
Henerico County Giles Webb.
New Kent County . . . . Nicholas Merriwheather.
James City County . . . . Thomas Cowles.
York City Henery Tylor.
Warwick County Thomas Merry.
Elizabeth City County . . . . Nicholas Curie.
Gloucester County . . . . Petter Kemp.
King and Queen Jno. Walker.
King William County . . . . John WaUer.
Middlesex County . . . . Sir Wm. Skip with.
Essex County Thomas Merriwheather.
Richmond County . . . . Jno. Downman.
Lancaster County . . . . Henery Fleett.
Northumberland County . . Jno. Harris.
Westmoreland County . . . . Lewis Markham.
Stafford County Charles Ellis.
Accomack County
Northampton County
Henry Scarburgh, Collector of Accomack District, made oath to
his account of H.M. duty of Id. per pound April 9, 1701-April 25,
1702.
Petition of Jane King, complaining that Daniell Guthry and John
Bailee of King and Queen County hinder petitioner's ferry-boat
from landing any passengers on the North side of York River,
and praying directions therein, referred to Benjamin Harrison,
Councell for the King, and to doe therein according to Law.
John Lowrey, by his petition to H.E. setting forth that he,
being commissionated pilot in James River, had removed his
family and stock to a Plantation near the mouth of the River
and provided himself with a boat and hands, and that John
Pattison, a single person, having no settled abode, boat nor
hands, but what is lent by George Walker, who hath half proffitt,
doth take upon him to pilot ships in the River, and praying that
if H.E. should constitute more pilots then those formerly
appointed, that Petitioner may be ordered to have his turn, as
is usual in England, the petition was referred to Capt. Moodie
and Lt.-Col. Wm. Willson.
AMERICA AND WEST INDIES.
Warrant signed for the execution of Ann Tandy, condemned
for concealing the death of her bastard child.
A full Council was appointed to meet May 12. [C.O. 5, 1409.
pp. 211-214.]
April 17. 381. Agents of Barbados to the Council of Trade and
Plantations. Refer to enquiries concerning the need of small
arms for Barbados, etc. We are of opinion that the Island
may stand in need of a present supply of 1,200 fuzees slung, 600
pair of horse-pistols, with holsters, 600 horsemen's swords,
600 belts, 200 muskatoons, and a suitable proportion of bullets,
flints and catuse [? cartouche] boxes for the firearms. Renew
application for great guns and ordnance stores for them. We
humbly hope your Lordships will represent this to H.M. in
Council, as also that Her Majesty would be graciously pleased to
give speedy orders for the repair of the fortifications, and that
there may be sent thither 18 experienced Gunners. All which
the Council and Assembly hope will be granted them upon
account of 23,174/. 6^. lid., which they disbursed for raising,
victualling, accoutring and transporting two Regiments of Foot
to Martinico in the late war. Signed, Wm. Bridges, Rob.
Heysham, Fra. Eyles. Endorsed, Reed. Read April 28, 1702.
2 pp. Enclosed,
381. i. An account of the cost of the expedition under
Capt. Fowkes against Martinico, as above. Copy. 1 p,
381. ii. An account of the Stores of war delivered out of the
Magazine in Barbados for the use of H.M. ships of war
and the service of the Leeward Islands in the late war.
Signed by the Committee of Public Accounts, George
Peerse, Wm. Heysham, George Lillington, Geo. Andrews,
Richard Scott. Copy. 1 p. [C.O. 28, 6. Nos. 54,
")4.i.. ii. ; and 29, 8. pp. 9-14.]
April 27. 382. William Popple to Sir Edward Northey, Attorney
Whitehall. General. Enclosing for his opinion in point of law Acts of
Barbados, Mav-Nov., 1701. Annexed,
382. i. List 'of Acts referred to above. [C.O. 29, 8. pp. 7-9.]
April 27. 383. Henry Adderley and Charles Lodwick to William
London. Popple. We designed on Wensday next to have waited on you
for her Majesties letter to the Government of New York, according
to their Lordships' promise, but understanding the ship designed
for New York her men are all prest from her, that we know not
when she may go, and hearing the Governor of New England
lies ready at the Isle of Wight, which will be the safest and likely
the soonest opportunity, we humbly pray that, if possible, we
might have the letter by to-morrow night, to send down by the
Post, men's lives being in danger makes us the more urgent. Signed,
Hen. Adderley, Charles Lodwick. Endorsed, Reed. Read
April 28, 1702. 1 p. [C.O. 5, 1047. No. 43.]
270
COLONIAL PAPERS.
1702.
April 27.
Whitehall.
384- Earl of Manchester to the Council of Trade and
Plantations. There being a meeting of Lords, etc., at Mr. Sec.
Vernon's office at 6 o'clock on Wednesday next to consider of
your Lordships' Representation relating to the State and [? of]
Defence of the Plantations, you are desired to be present there,
and to direct the Agents of H.M. Plantations to attend at the
same time. Signed, Manchester. Endorsed, Reed. Read
April 28, 1702. 1 p. [C.O. 323, 3. No. 126 ; and 324, 8. p. 149.]
April 27. 385. Journal of Council of Trade and Plantations. Paper
Whitehall, of proceedings in Barbadoes laid before the Board.
Acts of Barbadoes, 1701, ordered to be sent to Mr. Attorney
General.
Letters from Lt.-Gov. Bennet, Oct. 8 and Jan. 12, read and
papers enclosed laid before the Board.
Memorial from Mr. Nodin relating to the pay of the soldiers
at Bermuda and the Governor's salary there read. Ordered that
an extract relating to the soldiers be sent to Capt. Gardner, and
that he be desired to attend on Wednesday.
Several letters and papers received from New York [Dec. 27,
Dec. 29, 1701, Jan. 20, 21, 24, 29, 1702] were laid before the
Board. Whereupon their Lordships took into consideration
some papers relating to the imprisonment of Mr. Hutchins and
Col. Bayard, and gave directions in order to their further
proceedings in that matter.
April 28. Letter from the Earl of Manchester [April 27] read. Ordered
accordingly.
Mr. Penn and Col. Quary attending, Mr. Penn delivered his
answers to the abstract of complaints against proceedings in
Pensilvania, which were read. Ordered that a copy be given
to Col. Quary.
An Address from the Representatives of the Three Lower
Counties, dated Oct. 25, and an Address from them to Mr. Penn,
Oct. 18, read. Ordered that copies thereof be given to Mr. Penn,
who promised to lay a further Memorial before the Board, relating
to those and other matters, with all the speed he can.
Letter from Mr. Adderly and Mr. Lodwick read. Letter
thereupon written to the Earl of Manchester and delivered to
Mr. Adderly.
Memorial from the Agents of Barbadoes, in answer to what has
been writ to them relating to arms, etc., read. Directions there-
upon given for adding a Clause to the Representation on the
4 p.c. [C.O. 391, 14. pp. 436-449 ; and 391, 96. Nos. 75, 76.]
April 27. 386. Minutes of Council of Barbados. The President
acquainted the Council of a merchantship called the Prosperous
Hannah, Richd. Potts, Commander, which arrived here on
Saturday from England, with several private letters for merchants
that gave an account of the death of King William. The Board
decided that it was not safe or convenient to take public notice
thereof, but to expect H.M. Order.
AMERICA AND WEST INDIES. 271
1702.
Ordered that three files of soldiers be appointed to keep guard
at each Fort within the Towns, and three files to guard the
Ordered that the sloop Charles, Andrew Barnes, Commander, be
taken up immediately for the service of this Island, and that the
Master observe such orders as he shall receive from the President.
30/. to be paid to Barnes for that service.
Ordered that all ships bound for Europe have leave to sail on
Thursday night.
Act to secure the peaceable possession of negroes, etc., was
read the third time and passed. [C.O. 31, 6. pp. 209-211.]
April 27. 387. Minutes of Council of New York. The Governor
suspended Robt. Livingston from the Council, and said that he
would send him the reasons for his so doing according to H.M.
Instructions, and would deliver them to the Clerk of the Council
in writing, that they might be entered in the Council Book.
At the request of the Council, ordered that a Memorandum
taken by the Governor April 14 be entered in the Council Book :
" At Col. Depeyster's, April 14, between 7 and 8 at night,
Col. Depeyster, Capt. Walters, Col. Romar, the Mayor and myself
being present, I was saying that Baker, being convicted for
calling the King a Dutch King, etc., proved what Mr. Vesey
denied to have so expressed himself at the Mayor's house in Feb.
last, to which the Mayor replied that he did not remember that
Mr. Vesey said ' a Dutch King,' but ' their King won't live
always.' The Lt.-Gov. is very positive that Mr. Vesey aid
' A Dutch King ' or ' their King won't live always,' and that
' the Dutch have now more favour shewn them then in the late
reign,' and spake in commendation of the late reign, as if it was
then better with the English than now, whereon the Lt.-Gov.
said he hoped never to see such days."
Ordered that the High Sherriff of Queen's County have a
warrant directed to him for the breaking open the doors of the
house of Edward Burroughs of Jamaica, in case he be denied
to enter therein, and to search for him.
Warrant issued to the High Sherriff of the County of Suffolk,
for the apprehending the late High Sherriff, John Mulford, and
bringing him before this Board.
20/. paid to John Owen, joiner, for work done in Fort William
Henry.
31. 19#. (k/. paid to Zachariah Mills for charges for H.M. service.
61. ISs. 8d. paid to Burger Mynderson, blacksmith, for work
done in Fort William Henry.
3/. 2s. 3d. paid to Jacob Noorstrandt for nails, etc., provided
for the Fort.
i/. 110. paid to James Wells, carpenter, for work done in the
Fort.
31. paid to Barne Cosens for the use of John van Veighten, for
the freight of the clothing of the soldiers to Albany.
Small accounts paid to Jacob Blom, Myndert Schuvler,
Jeremiah Calicut t, Jacobus van Duersen, and Rutgart Waldron.
272 COLONIAL PAPERS.
1702.
April 28. Petition of John Shadwell read, and a warrant of survey
ordered to issue. [C.O. 5, 1184. pp. 662-664.]
April 28. 388. Lt.-Gov. Bennett to the Council of Trade and
Bermuda. Plantations. I am making all convenient hast to mount the
guns [arrived from the Tower] on the fortifications, and the old
ones that are useless on the platforms I am planting in the
trenches, and against such places where an enemy may land,
and they will serve very well for partridge-shot. By advice from
Col. Codrington, Antego, March 7, I understand that the
French fleet was sailed from Martinico to Leeward. And by a
Master of a sloop that came in here, I am inform'd that on
March 14th he met between High Spaniola and Cuba 24 sail of
great ships, which he believed were French men-of-war, and
adds that he saw three flags amongst them. I have here
enclos'd an indictment or presentment which was found against
Col. Day the last Assizes, upon which he was fined 50J., but upon
his petition, I have respited the sentence till H.M. pleasure be
further known. Pursuant to your commands of Feb. 11, 170^,
I enclose a copy of the decree in Chancery upon the case of
Micajah Perry and Mr. Joell. In answer to your Lordships'
directions of Aug. 20 as to the Councillor's oath when he sits hi
Chancery, I enclose a copy, and that of my own. When I came to
this govermt. I found the Chancery proceedings very irregular, but
now, to a general satisfaction, they are more methodicall, people
being pleased that rules are prescribed to walk by. Pardon me if I
observe to your Lordships one practise I found amongst the
Council, which was, that when sitting in Court they act as Judges
by having liberty of debate and vote, but att other times they
called themselves Masters in Chancery, and accordingly swore
Defendants to the truth of their answers, and also took upon
them to be examiners, and took depositions of witnesses, and
had settled fees for so doing, and all without being any way
qualified to administer an oath, unless being Counsellors makes
them so, which I can't apprehend, and therefore, with submission,
it's my opinion that all decrees made heretofore in this Court
of Chancery are voyd in course, because neither answers have
been sworn to before, nor depositions taken by persons qualified
to tender an oath. I beg your directions what I shall doe, hi case
any motion should be made to sett aside a decree for the reasons
mentioned.
In several cases the last Assizes, disputes did arise concerning
the Laws of England being in force here, and some would have it
that our Courts of Judicature are not branches from Westminster
Hall, upon which I was applyed to and gave it, that these Islands
are subject both to the Common and Statute Laws of England,
which the 39 Article of my Instructions seems to confirm by
saying that no man's life, member, freehold or goods shall be
taken away or harmed under my governt., otherwise but by
established and known Laws, not repugnant to but as near as
may be agreeable to the Laws of England. And, with submission,
where a point of Law arises, and noe Act of Assembly has been
AMERICA AND WEST INDIES. 273
1702.
made whereby it may be determin'd, I presume it must be
decided by the Laws of England. But I beg your Lordships'
opinions, least I should bo in error. I have here transmitted
what Acts of Assembly I have passed since my arrival, vizt.
(1) An Act for the speedy reparation of the Forts and Castle.
(2) An Act for Imposition on liquors and sugars. The last Act was
contriv'd to be brought up to the Council, just as a Briganteen
was coming into the Harbour laden with wine from the Maderas,
and if she had come to an anchor before this Act had passed, halfe
of the duty of the wines in her had been lost, for it's just double
to the former Act. On consideration of which I, tho' unwillingly,
past it under so reflecting a preamble. But it is generally
affirmed that the former Liquor Tax (mentioned in your Lordships'
of Aug. 20), was limitted for two years, and that it was a
misentry of the Clark's which made it indefinite ; but on the
contrary I cannot imagine why Col. Day should pass it under a
limitation, it being directly opposite to his Instructions. And
my reason for promising to dispense with it till H.M. pleasure
be further known, was because they gave a greater supply in this
last ; and if your Lordships think fitt, I will let the former sleep
till this is expired, and then publish your Lordships' and tho
Attorney General's opinions on the' old one. (3) An Act to
prevent oppression of Officers. This Act I have already twice
transmitted. (4) An Act for laying an imposition on horses.
(5) An Act for establishing Fast Days. (6) An Act to prevent
the evading of payment of just debts.
I have also transmitted the Assembly's request that H.M. would
be pleased to consent to allow me the present therein mentioned.
The Assembly, by their Address, have desired me to represent
the sufferings of the poor by a clause in an Act which forbids the
transportation of plating out of these Islands, unless made up
into Basketts, Bongraces. I was in hopes that by this conveyance
I should have sent transcripts of all Laws that are in force here,
but I must beg your Lordships' patience, they being verv long
and Clarks are scarce. Repeats extract of letter given below, No. 390.
I thought it might be convenient to give your Lordships an
account of the prices of provisions in the places [there] mentioned,
least it might be thought convenient to provide for the King's
Fleet from thence : viz. Pork at Ronoke, or North Carolina
II. 15s. Orf. a barrel, consisting of at least 2 cwt., but if not salted
IJd. a Ib. Beef barrell'd, II. 5s. Od., if fresh Id. a Ib. Indian
Corn Is. Gd. a bushell. Wheat 3*. Qd. The same at Virginia.
At Carolina, beef at II. 10s. Qd. a barrel, rice verv plenty, but I
can't lerne the price, Indian corn abt. 2s. a busneil ; pease 4.
At Maryland the same as at Ronoke and Virginia. At Pensil-
vania flower and biscake bread about 18*. a cwt., beer abt. 16.
the barrel, beefe and porke plenty, but dearer than at Ronok
price uncerley [sic]. At Boston the same as at Pensilvania, but
not so plenty. At Conecticut, beef, porke and Indian Corn is
plenty, and about the same prices as att Ronoke. Att New
Yorke, bread, beer, beef and porke is plenty, abt. the same prices
att Pensilvania ; pease 4*. a bushell. Signed, Ben. Bennett.
c is
274 COLONIAL PAPERS.
1702.
Endorsed, Reed. Aug. 10, Read Sept. 3, 1702. Holograph. 4 pp.
Annexed,
388. i. Abstract of preceding. If pp.
388. ii. Copy of the petition of Samuel Day, late Governor, to
Gov. Bennett. At the late General Assizes, holden before
the Honbl. Richd. Stafford, Chief Justice, a bill of
indictment was, by the Grand Jury, found against
Petitioner upon a charge of a false libell against your
Excellency's government. Petitioner praying a traverse,
was allowed the same, and not being bound for any
recognizance for appearance or anybody bound to
prosecute him, did believe the said Bill cou'd not be
tried 'till the next Assises, neither had he any summons
to appear. Notwithstanding all which, the Chief Justice,
Petitioner neither having notice nor being present, hath
passed sentence against Petitioner to be fined 501. and
imprisoned until the fine be paid. Prays H.E. to remit,
suspend or respite execution on that judgment until
H.M. pleasure be further known. Signed, Sam. Day.
Endorsed, Reed. Aug. 10, 1702. 1 p.
388. iii. Copy of the presentment of the Grand Jury against
Samuel Day. Bermuda, Jan. 14, 170|. H.M. having
appointed a Lieut. -Governor in his place, who hath
restored by H.M. directions several well deserving
gentlemen in these Islands to the place and dignity of
the King's Council and commissionated a Chief Justice
and several Justices of the Peace and thereby
determined the Commissions of others before com-
missioned by Day to the general satisfaction of H.M.
good subjects in these Islands, Day, of his own corrupt
and wicked mind, envying the prosperity of these Islands,
with a malicious intent to vilify and scandalize the good
Government of these Islands, and to produce a dislike,
disesteem, and contempt of the present established
Government of these Islands, about Oct. 5, 1701, at the
house of Anthony Peniston's, senior, near the Flatts, did
publish a false libell against the Government [See
Col. 1701, No. 947], meaning that by the craft of those
represented by the names there given, knaves were put in
the seats of Government and Justice.
This presentment being found a true Bill, Day prayed
a traverse, which was granted and time allowed to plead.
But he not putting in any plea in the time limited, and
refusing the same, judgment of the Court was given
against him, as in preceding. 2\ pp.
388. iv. Memorandum of Acts of Bermuda, Julv 3, 6, 27, 1701.
If.
388. v. Address of the Assembly of Bermuda to the Governor,
July 4, 1701, desiring him to represent to H.M. to repeal
the clause in the Act, enacted under the Government
of Samuel Day, providing that " no Platt wrought or
made up of Palmeto Tops or leaves of the growth of
AMERICA AND WEST INDIES. 275
1702.
theae Islands shall be exported, unless guch Platt shall
be made into Bask< tt . ll.itte, Bongracc* or otherwise
as the manufacture of these Islands," the said Clause
having been found to be very prejudicial to the generality
of the poor inhabitants, who make platt, and no
benefit cither to H.M. or the public benefit of theee
Islands. Endorsed, Reed. Aug. 10, 1702. 1 p.
388. vi. Copy of the Oath of the Lt.-Gov. and of a CouncUlor
in Bermuda. Same endorsement. 2\ pp.
388. vii. Copy of a Decree of the Court of Chancery of Bermuda,
Feb. 2, 170J, in the case of Micajah Perry and Co.,
London, Merchants, v. William Joell. It appearing
that the logwood mentioned was not found in the
brigateen at her capture, but was afterwards put in
by the pirates, and by them given unto defendant as
his own goods, and defendant, immediately after his
departing with the pirates having endeavored for
Pensilvania, whereto the owners belonged, he was
therefore ignorant who were the oVners or where they
lived. Not being able to get to that port, he happened
upon Curacao, where he forthwith applied himself to
the Governor and principal officers for their advice,
and the briganteen being in a very leaky and ruinous
condition, he, by their advice, sold her. The Court
decree that the quantity of logwood mentioned in
justice and equity belongs to him, and that he pay to the
Complainants 390 pieces of eight, being what was
remaining in his hands after charges paid for the ship.
Costs divided. Same endorsement. 1J pp.
388. viii. Copy of Address of the Assembly of Bermuda to
the King, July 4, 1701. Having a great sense of H.M.
perticular regard to the suffering condition of the
inhabitants under the male administration of the late
Governor Day, and his evil Ministers, and of his gracious
delivery of them from their great oppressions by
commissionating Governor Bennett, the beginning of
whose government, tempered with justice and clemency,
hath raised the drooping spirits of the suffering
inhabitants and dispelled their just fears, and in some
measure to testify their just acknowledgment, the
General Assembly do present to him 300/. and to his
virtuous Lady 50/., and to that end supplicate H.M.
that the said moneys may be applied to their behoof.
Same endorsement. 1 p. [C.O. 37, 3. No*. 68,
68.i.-viii. ; and (ivithout enclosures) 38, 5. pp. 244-252.]
April 28. 389. Duplicate of above letter. 4 pp. Enclosed,
389. i. Copy of Acts of Assembly of Bermuda, July 6, 1702.
42 pp. [C.O. 37, 25. Nos. 72, 72.i.]
April 28. 390. Extract of a letter from Lieut. -Governor Bennet to the
Bermuda. Earl of Nottingham. Pardon me if I offer to your consideration
276 COLONIAL PAPERS.
1702.
[that], in case of a warr, whether it would not be
advisable to prevent provision ships bound from New York, Boston,
Carolina, Pensilvania, Virginia, Roscoke [sic. ? Rpanoke] Mary-
land and Conecticut, to go to the southward without convoy,
by reason that, as I am credibly informed, in the late war the
French must have starved in the West Indies, had it not been
for taking such provision vessells, by which they were so
plentifully furnished at Martinico and other their Plantations,
that bread, flower, pease, Indian corne, rice, beef, pork, and all
manner of provisions were cheaper then at the places they were
brought from. Endorsed, Reed. Read Aug. 18, 1702. Copy.
1 p. [C.O. 37, 3. No. 67.]
April 28. 391. William Penn to the Council of Trade and Plantations.
Answer to Abstract of Complaints, April 16. (1) This is more
than I know, and wonder if true, that Coll. Quary (who I perceive
presents this information to this honourable Board) never told
me so before. For I never heard but of one vessell that plaied
us that trick, and I wish Coll. Quary and his officers had been
more vigorous to prevent it. But for the vindication of our
merchants and of that Colony, I must desire Coll. Quary to prove
the charge, that due course may be taken to punish the faulty
and prevent such things for the future. (2) I pray proof of this
also : for he never complained to me, that I can remember, of
such neglect. But this I know, that he told me, he thought I
was too hard upon the tobacco planters, in making that law ;
for by that law the hoggsheads of tobacco were to be weighed
at their shipping, because they used to pass formerly at 400Z6.
weight by content, tho' perhaps they or the merchants crowded
in 7, 8 or 900Z&. weight into a hoggshead, by which the King lost
at Id. per Ib. not less than thirty, forty or fifty shillings, which
in 1,000 hoggsheads comes to 1,500 or 2,000 pounds. (3) Coll.
Quary in his letter to this Board, laid the charge, as if I had
granted that Commission to all the Sheriffs. But of six Sheriffs
for the six counties, two only had them. They were granted of
necessity, to suppress great disorders upon the water, and in his
absence, and never disputed by his Deputy ; and when
objected against by himself, at his return (after six months'
absence, upon his traffick into other Colonies) I did immediately
command the Sheriffs to forbear acting by them, till further
order ; one of them never had, and the other but twice, and
that in slight occasions. However, 'twas drawn by one that
Lord Bellomont had made a King's Council at New York, and
Naval Officer thereof, well acquainted in such matters : and
I offer'd to joyn with him to represent it home to this or the
Admiralty Board, to give us our true boundaries, as the King's
Council in both Laws should advise ; which he once promised,
and best knows why he did not perform it. (4) There is as much
as was in Coll. Fletcher's time. And the same Lieut.-Governour
I continued in command by the Queen's direction ; all Com-
missions being by proclamation to remain in force, till revoked,
and they never were. But it is a mistake that I had my
\MKi:l< A AND WKST INDII 277
1702.
(>"\< miiient restored me upon those terms : let the 1:
Instrument l>< consulted. Nor was my right ever dissolved, or
that interruption given inc. in IK- by i^aw vindicated. And for
the country's Ix-in^ left defenceless 'tis an imposition on the Lords
to tell them a Militia can secure it ; since by land there's none
to annoy it ; and l>\ m the position of the country, and the
manner of our Settlements considered (our distance from the
sea being 160 miles, New Castle 120, and the shoals and narrows
so many), that a small vessell of war would, under God's
providence. l>e the best security. (5) I never, to my knowledge,
invited or entertained one French Indian in my life ; but
discouraged Frenchmen, imployed by Coll. Quary or his
customers, from trading with our Indians (the cause of that
raint) that they might not debauch them from the English
friendship and interest. All which is notorious in those parts,
where the truth can only be examined and found out. My
profit by the Indians was never sixpence, but my known |>er]>etiial
bounties to them have cost me many hundreds of pounds, if not
some thousands, first and last. But this shews a necessity of a
nn I in* inquirendum upon the place. (6) I acknowledge the 2,000
pounds that money (which makes not 1,200/. English) but his 1,0001.
is not above 700/. that mony, nor 500/. this, and near expired.
But is that such a recompense, when 5 times the sume is less
than my due ! having not had for 20 years one farthing, but
maintained the Deputy Governour at my own charge. And yet
more than half of what they gave me is unpaid, and if Coll. Quary
and his adherents can obstruct it, will never be paid me. Whereas
had the Law of Imposts, given me in '83, been received by me, it
had been 20,000 pounds and more mony in my way ; and which
was only waved by me for a few years, in our infancy, upon
promises never performed to me. *But for the 350/. the King
writt to me about ; I did not only endeavour to raise it, by calling
an Assembly (and which helps up the charge of the GOO/, he
talks of) but writt to the Governour of New York, that though
I paid the 350/. myself he should not want such a sume for the
King's service. Whose answer was that he neither wanted men
nor mony, but Coll. Romer, the Engineer that the New
Englanders kept from him. Nor was it at the same Session or
Assembly that gave me that supply, but more than a year after.
Therefore it cannot be justly concluded, that I preferred my own
wants to the King's service. And it was poverty more than
defence that was the excuse of the Lower Counties for not
contributing to it, where a ship only is, as before, their best
security : the town of Philadelphia, at least the County, being
in reality worth more than all the inhabitants of the Lower
Counties, who yet have equal priviledges with the whole Province,
on whose account he makes this reflection upon us ; their
proportion of the 2,000/. tax being but four to twenty to the
1'iovince, of which the county of Philadelphia bears the hah*,
which is 1,000 of the 2,000 pounds, and consequently one hah*
more than as much again as the three counties pay. Ho\v
they are not singular : Virginia and Maryland, old and opulent,
278 COLONIAL PAPERS.
1702.
as well as the King's colonies, having declined their quota.
(7) It was then declared to them and consented to, that the
imperfection of some Laws, in matter and wording, would require
a review another Session. And none were kept back, but those
that were made toward the end of that Session, when the early
frost setting in so hard, and the sickliness of the place, made
the Members impatient of further stay. Nor am I (as I presume)
obliged by my Patent to send them in so short a time. However
I expect them daily. (8) They had a sight of the Deed of
Feofment, and were also told by me, it was upon record at New
Yorke. And for threatning them with a goal, 'tis a most abusive
perversion : for what was said was to a Member, but of one that
was not a Member, that was supposed to have sowed some
reflections about the town, by himself or Agents. And upon
that I said, Tell me his name, and prove it upon him, and I will
take care to lay him where I shall prevent his seditious practices,
till the King's commands are known, or the Law release him.
This is the truth of the case. And I am still of the same mind,
for the preservation of the common peace, nor did I know how
to preserve it otherwise : and I thank God, it continues still,
and I hope will, till the Queen's pleasure shall be known ; while
our neighbours at New Yorke are in such confusion and
extremity, though not only a King's Colony, but one of the
most importance. (9) For this foul charge, I might referr the
Board to the Records of the County ; however I will say thus
much : Nobody complained to me of it, nor appealed about the
first of them : but I have heard, the reason of his being cleared
was, that the single witness against him ran away, and was a fellow
of no credit into the bargain : upon which, after a long imprison-
ment he was discharged in open Court of Quarter Sessions. For
the woman ; she is neither pardoned nor acquitted, but the
whole case lies with the Secretary Vernon, to whom I sent it, for
the King's mind, who only could pardon her. And for want of a
sufficient prison, is still in custody (if living) of the Sheriff, who
waits for directions therein. Which representation was at the
instance and address of the Swedish Minister and Congregation,
of which she was a member, that pleaded: (1st) That it was her
own discovery : . (2nd) That it was five years after the Fact :
(3rd) Her extream sorrow and repentance of which her discovery
was an instance. As to the rape ; the man challenged by the
woman married her. And in the opinion of the two only lawyers
of the place, and one of them the King's Advocate of the
Admiralty and the Attorney General of the country, her evidence
was thereby enervated. But because the marriage was not so
regular as the Law required, I ordered the prosecution of it with
the utmost rigour ; as the Minutes of Councill will shew. For
the reflection upon our profession in stiling the father an
eminent Quaker ; first the father was but a late comer and little
known : and 2dly far from eminent here or there, but of all
held a quiet, honest man, who had been his son's security, the
time he had his liberty to take in his harvest, that had suffered
considerably for want of him, before it was admitted : nor wag
AMKKK'A \\D \\I-XI INDIES. 279
1702.
it ;it la*t without p<<| authorities in l.-i\v. ( 10) That was true :
.ui-l tli.'v punished for it. or I had severely prosecuted them.
But this was done sonic linn- In-fore my arrival. (11) This I
po-.it i\i-ly must disown. For I m-vt-i did deny one, nor was
ever appealed or complained to. If any Court in my Government
l>i' -MMied to do so: I hope I know better things in justice and
prudener. id. HI to countenance or endure it. (12) It was no
fault of mine, since I could not stay to receive it. But his name
\\as ><-Ml over \>\ me to MIX -<>n \\- th.it -\\\<< . iboW ' fBM
before I thought of my hasty return, but it was it seems
omitted to !) pn -nted, because of the doubtfull issue of the
Bill then in Parliament against us. However, I have the
opinion of Chief Justice At wood at New York, that being a
Governour, in my own right, till the King could be apprized of
it, the appointment I made was good. And Coll. Quary cannot
but know, that necessity is ever a commission ; and that I was
under an absolute one, both to come and to choose him, seeing
there \vas not another person in either province (not a Quaker)
capable of it, unless my last Lieut. -Go vernour that I had
displaced upon the King's commands in '99. And I hope whatever
be Coll. Quary's point, the Lords will judge of my proceeding
according to the nature of publick exigencies. No xiyruiture.
Endorsed, Reed. Read April 28, 1702. 3] do*ely written pp.
[C.O. 5, 1261. No. 85 ; and 1289. pp. 440-449. |
April 28. 392. Council of Trade and Plantations to the Karl of
Manchester. Several matters from New York lying Ijefore us
for our report to H.M. the next Council day relating to Col. Bayard
and Capt. Hutchins, committed for High Treason ami mis-
demeanour upon a prosecution wch. (so far as yet appears to
us) is not sufficiently founded, in the meantime by reason of a
ship's sudden departure for those parts, we do humbly offer that
it consists with H.M. justice and the good and quiet of the
Province that H.M. pleasure be forthwith signified to the
Government of New York that execution of any sentence or
sentences, which may be past against those persons or others on that
account, be respited until H.M. further order be known, and
\u desire your Lordship to move Her Majesty herein. Signed,
John Pollexfen, Mat. Prior, Rob. Cecill, Ph. Meadows, Wm.
Blathwayt. [C.O. 5, 1119. p. 130.]
A|iil28. 393. Minutes of Council of the Massachusetts Bay.
A question being moved upon the construction of the Order
of Assembly for a temporary establishment of the government
of the College, it was decided that Mr. Samuel Willard and the
other gentlemen named are thereby sufficiently impowered to
carry on the work of the approaching commencement and to
confer degrees upon the Commencere.
Mr. James Taylor was empowered to take such assistance as
he should think fit, in place of Elisha Hutchinson and others
appointed but now unable, to find the Southermost part of
Charles Uiver and t anx and <\n\ part thereot, tr.,
by the Assembly in June, 1700.
280 COLONIAL PAPERS.
1702.
Order signed directing Capt. Henry Crofts, H.M.S. Gosport,
to repair the said ship.
Licence granted to Andrew Belcher to erect a building of
timber for a barn on his land within his pasture at the South end
of Boston between the house of Timothy D wight, deed., and
the brick house wherein ^Eneas Salter now dwells.
Wages paid to Capt. Southack and his men, Oct. 21, 1701-
March 27, 1702.
Warrant signed for payment of sloop-hire to John Mitchel
and to John Swarton for his services as Interpreter on the
occasion of supplies lately sent to the Eastern Indians.
400Z. paid in part payment of 88 barrels of gunpowder lately
bought from Peter Sergeant. [(7.0. 5, 788. pp. 133-136.]
April 29. 394. Council of Trade and Plantations to the Queen. Refer
Whitehall, to history of the 4| per cent, and repeat the state of defence of
Barbados with the recommendation of the Board thereon.
(See Jan. 24.) " We humbly conceive that the duty of 4| per
cent, arising there is chargeable towards this expense. We are
humbly of opinion that the Forts and Fortifications be forthwith
repaired under the direction of Commissioners to be appointed
by the Governor and Council there, and that an able Engineer
be sent from hence for that purpose, together with some
experienced gunners (the Agents mention the number of 18),
as likewise that Magazines be built for the better preservation
of stores, for which we humbly offer that your Majesty will be
pleased to allow a competent sum out of the said duty. The
Agents have likewise proposed that an Hospital be built for the
reception and accommodation of sick and wounded seamen and
soldiers, which may be done when other more pressing services
are provided for. Quote letter from President and Council, Feb. 19,
and their request for a Regiment of Foot. Quote Governor
Codrington's reports on the state of defence of the Leeward
Islands. We humbly offer that such part of this Duty of
4| per cent, as your Majesty shall direct be applyed towards the
supply of these demands. And that your Majesty would send
your Royal Letters to the Governors of Barbadoes and of the
Leeward Islands, to use their best endeavours to incline those
Assemblies to continue the publick levies for the more., effectual
carrying on and completing the services above mentioned, and
others conducing to the safety of those Islands. Signed,
Stamford, Robt. Cecill, Ph. Meadows, Wm. Blathwayt, Jon.
Pollexfen, Mat. Prior. [C.O. 29, 8. pp. 15-23.]
April 29. 395- William Perm to the Council of Trade and Plantations.
Answer to Col. Quary's Memorial, April 20. To the three first
paragraphs, relating to Anthony Morris ; If I may say so mean a
thing of myself, I had long agoe Coll. Quary's license to re-imploy
that man, after a thorow examination of him about the old
business of the Replevin, in Councill, Coll. Quary present, it
appearing evidently to his satisfaction, that he was not only
surprized by the Lawyer that brought it to him to sign, but
\Mi:i:l< \ AM) NYKST INDII
1702.
ilnv.it. -11. .1 into it. that it hr did not do it. In- denied justice to one
of the King's subjects. Upon which, as well as a private discourse
between Coll. Quary and the said Morris, he declared, if what he
had writt of him were to do again, he would not do it, for that he
beleived, he was imposed upon. Besides this, we have next to
no choice in those parts, and he had been one of the most
sufficient as well as diligent Magistrates there. (4) To the fourth
paragraph I have heard but of one vessell, since my leaving the
province, against which an information was brought to the Courts
of Common Law, and I am sure there was none during the time
I was there. The officer's letter is the best answer I can give ;
besides the notorious obscurity, if not apparent contradiction of
the Law of the 7th and 8th of the late King, so often complained
of, in my hearing, at your own Board, as well as that of the
Admiralty and elsewhere, upon which this dispute arises : and
it were happy, there were plainer directions to officers in their
duty. (5) To the fifth paragraph. I desire Coll. Quary may
produce his proof and authority for the charge therein contained.
But if I had commissioned that gentleman my Attorney General,
after having been preferred by a King's Governour of Lord
Bellomont's quality and character, both to be one of the King's
Council and Naval Officer, in so eminent a Colony as that of
New Yorke, I cannot see the offence. And if men as guilty as
he is said to have been, must, after repentance as well as pardon,
never have been employed, some colonies would have wanted
many a good officer and magistrate, to say no more. (0, 7) To
the sixth and seventh paragraph, I am wholly a stranger, having
never been asked for such an instrument, nor heard it was ever
refused by any officer in the Government. This must have been
before my arrival, or since my leaving the Province. And what
is fit for me to do in that matter, shall be complied with.
(8) To the eighth and last paragraph. I know not what informa-
tion has been given to Coll. Hamilton ; but dare say for him, he
neither wants vigilance, courage or loyalty to do what becomes
him in such a conjuncture. But as there have been many false
alarums, his silence to me makes me think this to be another.
And for Lewis Lemoizin ; if he be run away, it is to some of
the Five Nations, under New York government, from whence
he had his wife ; and that only from the uneasiness I gave him
in his traffick with our Indians, under my government, lest ho
should negociate anything to the disadvantage of the English
interest. But both this" man and one Peter Bezallion were, I
have been told, the great factors for the Company in the Indian
Trade, of which Coll. Quary is the chief Agent. And for his
spies and defenceless condition of the Province ; it is a story,
I would hope, cannot possibly pass upon your understandings.
The French are not now to know the condition of the back-parts
of all the English Colonies upon the Continent ; and therefore his
spy is with me at best but a vain conjecture ; neither are we
more defenceless there than Maryland and Virginia. Nor indeed
is it possible to defend scatter'd settlements against surprizes,
if the French could come so far to make them, which is next to
282 COLONIAL PAPERS.
1702.
impracticable : nor can they reach us without passing through
the aforesaid Five Nations of warlike Indians, and several of our
English Colonies. But the danger to them has never been from
French but their own Indians ; nor to them, but upon repeated
injuries and provocations given them ; which I thank God, our
folks have escaped these 20 years, as defenceless a people as we
are rendred, because we have not only been just but very kind
to them, as I am ready to make appear from their own testimonials,
and if any danger is like to attend us (as they that hide can find,
so) let me wish, that Coll. Quary and his few factious adherents
may never be the cause of verifying those suggestions, from his
known inveteracy agt. us. I could say more upon that head. And
if what he has alledged could have weight enough with this
honourable Board to find credit against us, I must in the name
of the inhabitants of that Province, as well as in my own, beseech
the Lords to represent to the Queen, the necessity of a free and
impartial enquiry upon the spot, into the truth of his informations :
for after charges so black and enormous, there is no avoiding
the nicest scrutiny. I humbly add, that for the safety, as well
as peace, of the Province, I have deputed a gentleman of known
good qualities, Coll. Hamilton, to answer that end ; if the Queen
shall please to add Her necessary and Royal qualification ; which
shall be humbly sought from her, with all possible speed. Signed,
Wm. Perm. Endorsed, Reed. Read April 29, 1702. 2 pp.
Annexed,
395. i. Robert Assheton to William Penn. Philadelphia,
Dec. 17, 1701. Affairs here run smooth and even.
I suppose Governour Hamilton (lest the matter should
be rendered otherwise than's true) has given your
Honour an account of Will. Righton's briganteen. He
arrived here from Jamaica about Nov. 5 last, and
immediately applied himself to me, and told me he had
unfortunately lost his register, as also his clearance
for a small cask of indico he had then on board
(producing at the same time several invoices for
European goods with certificates of their being legally
imported into Jamaica) solemnly protesting that he had
them in his hands not a week before, and supposed they
were destroyed, for that he found his Mediterranean
Pass (they being all together) in the hold, torn in pieces
with the rats. I told him the Laws required I should
seize the vessel, and so I did, and drew up an information
and exhibited it before the Justices of the Court of
Common Pleas, whereupon he petitioned the judgment,
and prayed that Bond might be taken for his producing
a certificate from Jamaica of his having given bond and
paid H.M. duties for the said cask of indico. The
Government was pleased to consider his case, and
ordered me to take good security, which I did, in 1,0002.,
to produce the certificate in nine months. The brigantine
is lately sailed hence again for Jamaica more for the
sake of the certificate than the expectation of a
AMERICA AND WEST INDIES. 283
1702.
IM ii 'final voya^ Tin- Admiralty Officers are a little
chafed by reason I exhibited the information of the
Common Pleas, so that your Honour may probably
hear of it, but I humbly presume the Acts of Trade
\sill justify iin- therein. I shall study H.M.'s and the
Church's interest as much as the best of them, let th-ir
pretensions be never so great. Signed, Rob. Assheton.
1 /,.
395. ii. Copy of Articles of Agreement concluded at Philadelphia
the 23rd day of the second month called April, 1701,
between William Perm, Proprietary and Governor of
Pennsilvania, and Connoodaghtoh, King of the Indians,
inhabiting about the River Susquehannah and
Widaagh (alias Orettyagh) Koqueeash, Andaggy,
Junkquagh, Chiefs of the said Nations, and Wopathha,
King, and Lemoytungh and Pemoyajooagh, Chiefs of the
Nations of the Shawonnah Indians, and Ahookassoongh,
brother to the Emperor, for and in behalf of the
Emperor (and Weewhinjough, Cheequittah, Takyewsan,
and Woapackoa Chiefs) of the Indians inhabiting
about the northern part of the River Pocomock, in
behalf of themselves, successors and ]>cople. That as
hitherto there has always been a understanding and
neighbourhood between the said William Perm and
his Lieutenants since his first arrival in the Province,
and the several Nations of Indians inhabiting in and
about the same, so there shall be for ever hereafter a
firm and lasting peace between the English inhabitants
of the Province and the said Indians. The said Kings
and Chiefs (each for himself and his people engaging,)
shall at no time hurt, injure or defraud, or suffer to be
hurt, injured, or defrauded by any of their Indians any
inhabitant of the said Province, in person or estate.
William Penn, his heirs and successors, shall not suffer
to be done or committed by any of the subjects of
England within the said Province any act of hostility or
violence, wrong or injury to any of the said Indians ;
but shall onjboth sides at all times readily do justice
and perform all acts and offices of friendship and good
will, to oblige each other to a lasting peace. All every
the said Kings and Chiefs and all every particular of
the Nations under them shall at all times behave
themselves regularly and soberly according to the
Laws of this Government, while they live near or amongst
the Christian inhabitants thereof, and the said
Indians shall have the full and free privilege and
immunities of all the said Laws as any other inhabitant,
they duly owning and acknowledging the authority of
the Crown of England and Government of this Province.
None of the said Indians shall be at any time aiding,
assisting or abetting to any other Nation, whether of
Indians or others, that shall not at such time be in.
284 COLONIAL PAPERS.
1702.
amity with the Crown of England and with this Govern-
ment. If at any time any of the said Indians by means
of evil-minded persons and sowers of sedition should
hear any unkind or disadvantageous reports of the
English /as if they had evil designs against any of the
said Indians, they shall send notice thereof to William
Penn, his heirs or successors, or their Lieutenants, and
shall not give credence to the said reports, till by that
means they shall be fully satisfied concerning the truth
thereof, and William Penn, etc., shall at all times
in such cases do the like by them. The said Kings and
Chiefs and their successors and people shall not suffer
any strange Nation of Indians to settle or plant on the
further side of Susquehannah or about Pocomock River,
but such as are there already seated, nor bring any other
Indians into any part of this Province without the
special approbation and permission of William Penn,
his heirs and successors. For the prevention of abuses
that are too frequently put upon the said Indians in
Trade, William Penn, his heirs, etc., shall not suffer or
permit any person to trade or commerce with any of the
said Indians, but such as shall be first allowed or
approved of by an Instrument under their hand and
seal. The Indians shall suffer no person whatsoever
to buy or sell or have commerce with any of them but
such as shall first be approved as aforesaid. The
Indians shall not sell or dispose of any of their skins,
peltry or furs or any other effects of their hunting to
any person whatsoever out of the Province, nor to any
other person but such as shall be authorised to trade with
them as aforesaid. For their encouragement William
Penn, etc., shall take care to have them duly furnished
with all sorts of necessary goods for their use at
reasonable rates. The Pocomock Indians shall have
free leave of William Penn to settle upon any part of
Pocomock River within the bounds of this Province,
they strictly observing and practising all and singular
the articles aforesaid to them relating. The Indians of
Connoscogoe and about the River Susquehannah, and
more especially the Connoodagtah, their King, doth
fully agree to and by these presents absolutely ratify
the bargain and sale of lands lying near and about the
said River formerly made to William Penn, etc., and
since by Orettyagh and Addaggy, Junkquagh, parties
to these presents, confirmed to him, by a deed of
Sept. 13 last, under their hands and seals duly executed.
Connoodaghtoh doth for himself and his Nation covenant
and agree that he will at all times be ready further to
confirm and make good the said sale according to the
tenor of the same, and that the said Indians of
Susquehannah shall answer to Penn, etc., for the good
behaviour and conduct of the Pocomock Indians and
AMERICA AND WEST INDIES. 285
1702.
for their performance of the several articles herein
expressed. William Penn doth hereby promise for
himself, his heirs, etc., that he and they will at all
times show themselves true friends and brothers to
all and every of the said Indians by assisting them with
the best of their advices, directions and Councils, and
will in all things just and reasonable befriend them,
they behaving themselves as aforesaid, and submitting
to the Laws of this Province in all things, as the English
and other Christians therein do, which they the said
Indians agree and oblige themselves and their posterity
for ever. In witness whereof the said parties have as
a confirmation made mutual presents to each other ;
the Indians in five parcels of skins, and William Penn
in several English goods and merchandizes, as a binding
pledge of the premisses never to be broken or violated.
Signed and sealed, Connoodaghtoh , Orettyagh, Koqueash,
\ndaggyjunquah, Wopaththa, Lemoytungh, Pemoya-
jooagh, Ahookassoongh, Weewinjough, Cheequittagh,
Takyewsan, Woapackoa. Endorsed, Reed. Read
April 29, 1702. 5 pp. [C.O. 5, 1261. Nos. 86,
86.i.,ii. ; and (urithout enclosure*) 5, 1289. pp. 449-454.]
April 29. 396- Capt. Gardner to the Council of Trade and Plantations.
The yearly funds to pay the troops [ in Bermuda] do always expire
Dec. 24th, and are seldom supplied before the May following, and the
Lord- of the Treasury say they cannot warrantably advance any
pay further then the funds given by Act of Parliament do
go. Therefore that Company must be four months every year
short of their subsistance. The Army being always paid by
Muster-Roils, and none being yet come from thence, that
Company is continued on subsistance, which makes the officers
very uneasy, all sorts of provisions being very dear there. They
earnestly desire to be home again, thinking themselves useless
there, and to which place they find soe great a deficulty to returne
them their pay when issu'd. Signed, Robt. Gardner. Endorsed,
Reed. Read April 29, 1702. 1 p. [C.O. 37, 3. iVo. 69 ; and
38, 5. pp. 211, 212.1
April L )( .. 397- Journal of Council of Trade and Plantations. Mr. Penn
Whitehall, laid before the Board his answer to Col. Quary's Memorial of
April 20, which was read, and a copy ordered to be given to
Col. Quary. He exhibited also an original contract made by
him with the Indians in the neighbourhood of Pennsilvania,
whereof a copy was ordered to be kept.
Representation upon the 4 p.c. agreed upon and signed.
Letter from Capt. Gardner read. Ordered that he and
Mr. Nodin be desired to attend on Friday.
April 30. Letter to the Lord Marquis of Normanby, Lord Privy Seal,
acquainting him that (by his place) he is of this Commission,
and desiring his Lordship's assistance when his other affairs
will permit, signed.
286 COLONIAL PAPERS.
1702.
Letter to Mr. Lowndes agreed upon and ordered to be sent.
Mr. Mead desiring copies of the Acts passed at the General
Assembly of the Leeward Islands, Dec., 1701 [see March 4],
their Lordships ordered the same to be sent to Mr. Attorney
General for his opinion, and then acquainted Mr. Mead that they
had so done, and that when they came back they would be ready
to give him copies of whatever may concern him, and hear what
he may have to offer thereupon.
Memorial of Mr. Adderly and Mr. Lodwick and papers lately
received from the Lt.-Gov. and Council of New York considered.
Their Lordships, judging it a matter proper for a hearing before H.M.
in Council, and that the parties who may be concerned on both
sides have notice thereof accordingly, ordered that copies of all
papers of Complaint against the said L.G. and Council hi this
matter, as likewise such as may be useful towards their defence,
be given to Mr. Champante and to Mrs. Atwood, that they may
provide themselves for a hearing when it may be appointed.
Ordered that the like notice be given to Mr. Adderly and Mr.
Lodwick, and that they be acquainted that they may petition
H.M. for a hearing therein as they think fit, and that copies of
what papers in this office may be of use to them and their
correspondents, shall be furnished to them as they may desire.
[(7.0. 391, 14. pp. 450-454 ; and 391, 96. Nos. 77, 78.]
April 30. 398- William Popple to Mr. Lowndes. Enclosing Report on
Whitehall, the Duty of 4| per cent, in Barbados. The Council of Trade and
^Plantations think it proper for H.M. service that a separate
account of the proceed of that Duty be constantly kept. [C.O. 29.
8. pp. 24, 25.]
April 30. 399. William Popple to Henry Adderly and Charles
Whitehall. Lodwick. The Council of Trade and Plantations having
considered your Memorial concerning Col. Bayard, etc., and
judging it a matter proper for a hearing before H.M. in Council,
they have order'd me to acquaint you that they leave it to you
to petition H.M. for a hearing of those matters, as you think
fit ; and that hi order thereunto they have directed me to furnish
you with copies of what papers in this office may be of use to you
and your Correspondents in that occasion. I am also directed
to give the like notice to Mr. Champante, as Agent for the Province,
and to Mrs. Atwood as concerned for her husband, the Chief
Justice there, and to furnish them in like manner with copies of
papers that may be useful to them for the defence of the persons
concerned in the foresaid proceedings. [C.O. 5, 1119. pp. 131,
132.]
April 30. 400. William Popple to John Champante. To the same
Whitehall, effect as preceding. [C.O. 5, 1119. pp. 132, 133.]
April 30. 401. William Popple to Madam Atwood. To the same effect
WhitehaU. as preceding. [C.O. 5, 1119. pp. 133, 134.]
AMI-UK \ \\l) \\KST INDIES.
1702.
April 30.
Whitehall.
April 30.
.M..N 1.
Jiinmira.
May 1 .
Whitehall.
May 1.
Whitehall.
402 William Popple to the Attorney General. Enclosing,
for his opinion in point of Law, the Acts of the General Assembly
of the Leeward Islands, Nevis, Dec., 1701. Annexed,
402. i. List of Acts referred to. [C.O. 153, 7. pp. 436-438.]
403- Minutes of Council of New York. Petition of Hannah,
wife of John Hutchins, read and referred to further consideration.
Petition of John Gonsales read. Ordered that the persons
complained of be served with a copy thereof, and summoned to
appear immediately on receipt of it. [C.O. 5, 1184. p. 664.]
404- Lt.-Governor Beckford to the Council of Trade and
Plantations. This ship staying longer than was expected, having
been delayed by contrary winds, I give your Ixmlships this
further trouble, to accompanye the Act which prohibits the
exportation of provisions and warlike stores to foreigners, which
has been adjudged highly necessary from the present apprehcn-
tions of a rupture with France and Spain, for such exportation
would not only disfurnish ourselves, but supply those who are
likely to become aur enemyes, and if no warr breaks out, the
Act continues but for three months. The Assembly pass'd
this day an Act to impower Justices of the Peace in the several
parishes to take an account of the Negroes, stock, etc., belonging
to the inhabitants, in order to lay a tax for the quartering of the
souldiers, which Act I shall endeavour to gett expedited, and
hope your Lordships will receive it with the next from, etc.
Pe. Beckford. Endorsed, Reed. June 29, Read July 24, 1702.
1 p. Enclosed,
404. i. Memorandum of Act of Assembly of Jamaica, March,
1702, for prohibiting the exportation of arms, ammuni-
tion, and provisions to strangers in time of danger.
\ p. [C.O. 137, 6. Nos. 67, 67.i. ; and 138, 10.
pp. 351, 352-.]
405- Council of Trade and Plantations to the Earl of
Manchester. We have lately received letters from the Govern-
ment of New York concerning persons who have been committed
for treason and misdemeanours in that Province, and the corres-
pondents of the persons accused having appeared before us with
complaints against the proceedings of that Government, we are
of opinion that it is a matter of such consequence as is proper
for H.M. hearing in Council, and have acquainted the com-
plainants therewith. Signed, Stamford, Rob. Cecill, Ph.
Meadows, John Pollexfen, Mat. Prior. [C.O. 5, 1119. pp. 134,
135.]
406- Journal of Council of Trade and Plantations. Letter
to the Earl of Manchester signed and sent. [C.O. 391, 15.
pp. 1, 2; and 391, 96. No. 79.]
May 1. 407- Minutes of Council of New York. Ordered that
Abraham Gouverneur, who hath been appointed by the
288 COLONIAL PAPERS.
1702.
Lt.-Gov. to be Corrector of the Press in this Province, receive a
salary for his trouble of 30J.
Ordered that the Press for linnen and a small chimney-back
for a chamber be left for the use of the Fort at the appraisement,
the same being bought near twelvemonths since for the said use.
Salaries paid to Lt.-Gov. Nanfan, and A. Gouverneur, Speaker.
411. Us. Wd. paid to David Provoost for the use of himself
and the rest of the Commissioners of the Publick accounts.
90Z. paid to Col. Abraham Depeyster for a pipe of wine given
to the soldiers of the Garrison and the Militia Regiment on H.M.
last Coronation Day, and for 2 pipes of wine and 4 barrels of
beer laid in by him against the arrival of Lord Cornbury.
May 2. Ordered that the Laws passed the last Sessions of the General
Assembly, as of this present Sessions, be transmitted by the
first opportunity to the Agent of this Province, who is hereby
ordered to apply to the Ministers for H.M. Royal Assent, and the
Chief Justice is desired with any two of the Council to draw up
the reasons for passing the same, to be transmitted to the Agent
with the Acts.
33Z. 6s. \d. paid to Robt. Walters for firewood for Fort William
Henry, April 2-May 2. [C.O. 5, 1184. pp. 665, 666.]
May 3. 408- Governor Lord Cornbury to the Council of Trade and
Fort William Plantations. Being arrived here this day, and being informed
*^at tnere i 8 a P ei> son going immediately post to Philadelphia,
in order to embark for England, I would not slip this opportunity
of acquainting your Lordshipps that after a passage of seaven
weeks I arrived here this day at eleven o'clock in the forenoon,
and having published my Commission at the Fort and at the
Towne Hall, I took the oaths and swore the new Council appointed
in my Instructions, and ordered two Proclamations to be issued
forthwith, one to declare that all Officers, Civil and Military,
should hold their imployments till farther order, and the other
to disolve the General Assembly, which I find has sate a little
while. I find at my coming hither great complaints of hardshipps
suffered by many people, how well they are grounded, I am not
yet able to inform your Lordships, but I shall not fail of sending
you a full account by two ships which will be ready to sail from
hence for England in ten days' time. I find here Col. Bayard
under sentence of death for treason, what the Treason is I shall
inform your Lordshipps by the next. I find likewise that many
of the most eminent merchants here were fled into the Jerseys,
some of which returned now upon my landing. Signed, Cornbury.
Endorsed, Reed. Read July 15, 1702. Holograph. Addressed.
Sealed. 1 p. Enclosed,
408. i. Proclamation dissolving the General Assembly.
" Another General Assembly shall be called as soon as
the same can conveniently be for H.M. service." New
York, May 3, 1702. Signed, Cornbury. Printed by
William Bradford. 1 p. [C.O. 5, 1047. Nos. 44,
44.i. ; and (without enclosure) 5, 1119. pp. 186, 187.]
\Mi:i!lr\ \\h \VIXF INDIES. 289
1702.
May ?. 409- Governor Lord Cornbury to Mr. Secretary Vernon.
Repeals part of preceding and describes voyage. We could not
get up to New York till this day, about three miles below the
town, some of the Council came to meet me, and as soon aa we
came to an anchor the Lt.-Gov. came on board, etc., as aftoni-
Signed, Cornbury. Endorsed, R. July 5, 1702. Holograph.
Addressed. 1 p. Enclosed,
409. i. Copy of Proclamation dissolving the General Assembly
of New York. May 3, 1702. Signed, Cornbury. 1 p.
409. ii. Copy of Proclamation continuing all officers, civil and
military, in their posts until further orders. May 3, 1702.
Signed, Cornbury. 1 p.
409. iii. Printed copy of preceding. 1 p.
409. iv. Printed copy of No. i. 1 p. [C.O. 5, 1084. Nos. 1, l.i-iv.]
May 4. 410- Samuel Broughton to William Popple. I heartily
Nw York, thank you for your kind remembrance of me in your letter to our
Chief Justice, and should have been glad to have had the further
satisfaction of knowing whether you have had any from me to
yourself and Lords. I perceive they are well pleased with the
Judge's accompt of his own and others' proceedings here, and the
credit thereof has gained him another 70/. per annum for two
years, or 1501. if he leave the Province sooner, by Act of General
Assembly past after my Lord Cornbury was arrived here within
our Port, whether he came (thanks be to God for it) very safe,
the last of the last month att night with the merehts.' ship with
him ; the ship of stores came in the day before. H.E. has
published his Commission, taken the usual oaths and given the
same to as many of his Counsell as are in Towne, of which beyond
my expectation I have the honour to be one, and fincle myselfe
happy in his Lordship's favour, who is I perceive fallen into
very right notions of the people and the Government here.
I doubt not but by his great wisedome and justice, which adapt
him for Government and are conspicuous in H.E., he will in a
short time render this Province and the affairs and trade thereof
much more easy and flourishing then of late they have been.
I am credibly informed the Chief Justice hath wrote complaints
. against me to your Board. I am not yet prepared to lay those
matters before them, wch. I have in prospect, but do purpose
(God willing) to send them in a little time such a true state of
things here as shall be a sure foundation for their Lordships to
act upon, who I know value no peculiar interests but the good
and welfare of the publique in such a way as may most tend to
H.M. service. I therefore most humbly beg of their Lordships
whatever is come to their notice against me they will favour me
so far as to suspend their judgements thereof till they see how I
can justify and approve myselfe to my Lord Cornbury in the duty
of my place and office, the neglect of which has been so powerfully
urged against me by the Chief Justice here that I had great
difficulty to avoid a suspension by the late Lt.-Gov., besides other
indignitys cast upon me by his contrivance or connivance, much
dishonouring the character and commission I bare under H.M.
c 19
290 COLONIAL PAPERS.
1702.
in receiving a presentment by the Grand Jury at one Supream
Court, for neglect of my duty, whilst I was actually in Court
attending H.M. service, and in ordering Mr. Solicitor General to
put the same into a formall indictment against me, and for no
other reason that I know of, but because I was really ill a little
before that time and could not appear to give countenance to
some violent prosecutions he was then upon, which their
Lordships will hear more of in a little time. I would not willingly
prejudice the Gentleman, tho' he hath been very hard upon me
and all myne ever since wee left England, so leave it to your
discretion whether to impart it to the Lords of Trade or not, as
my own interest and safety requires. Signed, Sa. Sh. Broughton.
Endorsed. Reed. Read July 16, 1702. Addressed. Sealed. 2pp.
[C.O. 5/1047. No. 45; and 5, 1119. pp. 188-190.]
May 4. 411. Mons. Le Tort to William Penn. Hearing that
London. Le Sieur Coireay [? Col. Quary] has presented a Memorial against
you concerning your government, I thought it my duty to write
to you, since no one is better qualified than I, after 16 or 17 years
since the persecution in France forced me to your Province,
especially as regards the affairs of the Indians, amongst whom
I have lived and traded all that time. Le Sieur Coire is very ill
informed or rather very malicious in attributing to you a trade or
commerce with the savages, a thing which ought to be attributed
to him rather than to you, etc. Signed, Le Tort. Endorsed,
Reed. Read June 1, 1702. Addressed. " M. Peen de present
... a Bristol." Illiterate French. 3 pp. [C.O. 5, 1261.
No. 87.]
[May 4. ] 412. Abstract of some letters from New York ; May 4. On
the first Tuesday in April the Supream Court sat as usual.
Sam. Bayard, Col. Bayard's son was with his father taken up and
bound in recognoistance of 1,500?. to appear, wch. he did the first
day of the Court, and before the Grand Jury were sworn pleaded
the Proclamation the Governor had issued out, promising to
prosecute none but the four therein named, but to no purpose,
unless he would make an humble petition, acknowledging his
crimes, which the Judge told him two had sworne, viz. that they
saw him in the Coffee-house room when they signed the Addresses,
and that he advized his father not to owne himself guilty of
High Treason, whereby the Judge told him he was become an
accessory and abettour to the Treason, and was as guilty as his
Father and lyable to be prosecuted for it. He waited severall
times, but at last got admittance to the Lt.-Gov., who, though
he pleaded the benefit of the public faith in their proclamation,
was told it was to no purpose unlesse he acknowledged himself
senceable of his offences, upon wch. he should be discharged, wch.
he did, and after awaiting on the Court 2 or 3 dayes longer the
Judge told him he was discharged because he had confest and
begged the Governor's pardon. The Court in the meantime
proceeded a Grand Jury all of Dutch (as for Col. Bayard) sworn,
they brought in four presentments, one against Mr. Broughton,
AMERK'X A.VD WEST INDIES. 201
1702.
the Attorney ( Jrnrr.i!, for jic^lrctin^ his duty in prosecuting the
two criminals, ('<>!. 1$.. , I Hutchins, who were condemned,
one against Mr. Tho. wenhftin tor high misdemeanour, for being
one of the four who had subscribed a petition to the Lt.-Gov.,
saying my Ld. Oornbury was to succeed the late Earl of Bellomont,
and refusing to deliver copies of the Addressee ; one against
Mr. Phil. French for the same offence, another against Roger
Baker for saying the 5th Nov. last, the King too* made a note of
wax and no longer King then the English jdease. Mr. Wenham
and French could not come to trial because they were absconded
for a considerable time before. Roger Baker came upon trial
with a packt petty jury according to custom, whereof four
happening to be absent, a taley was ordered, and altho' there were
then spectators in Court, about 30 Englishmen, and he told so,
yet the Sherrif went out and brought in three Dutchmen of their
partie, and finding no more he was forced to take one John Ellis,
an Englishman then in Court. Three witnesses were sworn ;
the first said Baker spoke the words, but that they were all very
drunk, it being hollyday. The other two said they were all ways
present with them, but heard no such words, nor nothing like it,
that they were all drunk, but the other witnesse to that degree he
could not stand. Judge Atwood gave charge to the Jury to bring
Baker in guilty. The Jury went out and staid all night, then
came into Court and delivered their verdict. Not Guilty, at wch.
Judge Atwood was very angry, refusing to take their verdict, sent
them out again, when after 6 hours they returned again with
Not Guilty, at wch. the Judge grew very passionate, threatening
them several times. They were sent out three several times more
and persisted Not Guilty, upon which the Judge threatened to
imprison and fine them, that so scared the 11 Dutch that in
open Court being sent for (it being about an hour before the Court
was to determine) were demanded why they were not agreed,
and who it was that would not agree to find guilty, answer was
made, John Ellis, upon wch. the Judge fell upon him with such
menacing language in open Court, and a considerable time
hectoring and threatening him, he so managed him too, that at
last ho gave his consent in open Court, where Baker was recorded
guilty and fined 400 pieces of eight, and to remain in custody
of the Sherrif till his fine was paid, and after that until he made
acknowledgment as the Governor should think fit. A Court
of Exchequer are now sitting to condemn Mr. Philip French
1,000/. on a bond he formerly gave to return certificate of the
innumerated commodities shipt on board a brigantine one Wright
Master, which vessel was lost at sea.
A Jury of enquiry have returned what estate Mr. Livingston
has in this county, in order to a seizure for money said to be
owing to the King, which the present Assembly, the present Council
and the late Lord Bellomont made up his account and gave him
bills for, but now it's said they have found out he has cheated
them, for wch. his estate must be seized.
On the primo May we had the certainty of my Ld. Cornburv's
arrival, since which our Assembly have sat night and day without
292 COLONIAL PAPERS.
1702.
any intermission, and in great hurry have finisht and publisht
the day my Lord came up, seven Acts, one to pay Leisler's debts,
2,1001. ; one to outlaw Mr. French and Mr. Wenham ; one to
add five members to the Assembly (in those counties where they
hope they may carry it) with a clause that it shall not be in the
power of a succeeding Governor to add any more members or
diminish those that are ; one for regulating the election of
Aldermen (to perpetuate their tirannical Govt.) ; one to continue
the additional revenue two years longer, out of which to pay
200/. per annum to Lt. Gov. Nanfan and 151. per annum to Judge
Atwood, and in case they should be superceded, then each to
receive 1401. , and 501. per annum to Mr. Champanti to be their
Agent in England ; two other Acts to tie up the hands of the
succeeding Governor and to make him their slave.
On the primo May were the original Addresses, for wch. Col.
Bayard and Capt. Hutchins were condemned, delivered on
board the Jersey to my Lord Cornbury by several merchants and
others that were in exile. My Lord published his Commission,
during wch. time and afterwards our Assembly continued sitting,
but are since dissolved by proclamation.
As soon as the Governor had passed the seven Acts, the Secretary
was sent for to affix the seal of the Province to them (a thing
never done before, and only when the Acts are engrossed, in order
to be transmitted to England), the Secretary not coming
immediately was confined, and would have bin suspended, had
not my Lord arrived, as also the Attorney General. Endorsed,
Reed, from Mr. Lodwick. Read July 27, 1702. 2 pp.
[(7.0. 5, 1047. No. 46; and 5, 1119. pp. 194-200.]
[ ? 4 May.] 413- Copy of an Act passed in New Hampshire, Sept. 13,
1701, for raising 5501. for defraying the public charges. Endorsed,
Reed. April , Read May 4, 1702. 2 pp. [C.O. 5, 862. No. 109.]
May 4. 414. Council of Trade and Plantations to the Earl of
Whitehall. Nottingham. H.M. having thought fit to declare war with
France and Spain, we think it our duty to lay before H.M., by
your Lordship, the absolute necessity that letters be forthwith
writ to each of H.M. Plantations in America, giving notice of
the said Declaration, and with such Instructions as H.M. shall
think fit thereupon, and that the said Letters be despatched by
Advice-boats to be sent on purpose. Signed, Stamford, Rob.
Cecill, Ph. Meadows, Wm. Blathwayt, Jon. Pollexfen. 1 p.
[C.O. 5, 3. No. 1 ; and 324, 8. p. 150.]
May 4. 415. Journal of Council of Trade and Plantations. Order
Whitehall, of Council, April 21, read, and some notes upon the case of
Mr. Clifford taken in order to the consideration of that matter
when he shall call.
Letters to the Earl of Nottingham and another to Sir Charles
Hedges, to acquaint them that as H.M. Principal Secretarys of
State they are Members of this Commission, and to desire their
assistance at the Board when their other affairs will permit, signed.
\MKi:i< \ \\l TOST INDIES. 293
I.. -ttd t.> th<- K.-U-I of N.ittiiiL'liiiin. about advice-boate for the
I'lantation, signed.
Letter from Mr. Sheaf, New Hampshire, Jan. 1, read. Directions
given for taking a copy, and writing to Col. Dudley upon some
part thereof, and to return the original to Mr. Usher that he
may attend the Lord High Admiral with the proposal therein
offered relating to masts.
Copy of the Act of New Hampshire, Sept. 13, 1701, for raising
550J. for defraying the public charge, read. Ordered that the
Secretary write to Sir Henry Ashurst to enquire whether he have
an authentick copy, and if so, to desire him to attend with it as
soon as may be.
May 5. Mr. Jeronimy Clifford attending, the Secretary informed him
that their Lordships had resolved to send copies of his papers
to Sir John Cook, the Queen's Advocate, for his opinion.
Letter to the Lord Cornbury, relating to the masts and timber
provided at New York by the late Lord Bellomont, signed.
Letter from Brigadier Selwyn, Feb. (5, read. Directions
given for preparing an answer.
Letter from Col. Nicholson, Dec. 2, rend, and the papers therein
referred to laid before the Board. Representation thereupon
ordered recommending three persons for vacancies in the Council
of Jamaica as he desires.
Mr. Randolph laid before the Board a proposal made by him
to the Earl of Nottingham for transmitting such notification
M shall be thought fit to be given to the Plantations of the
declaration of war by way of Bermudas, upon which, he said,
his Lordship desired the opinion of this Board. A letter was
writt to the Earl of Nottingham upon that matter.
May 6. Enquiry being made of Mr. Ellis what had been done upon the
letter writ to the Earl of Manchester, April 25, relating to the
Boom for Newfoundland, and to a Commission for the Commodore
of the Squadron, and answer being returned that the Boom had
been referred to the Lord High Admiral, and that the ( 'ommission is
dispatched and lies in Mr. Chetwynd's hands, ordered that the
Secretary acquaint Mr. Burchet where the Commission lies, and
desire to know of him what care is taken about sending the boom.
[C.O. 391, 15. pp. 2-8; and 391, 96. Nos. 80-82.]
May 4. 416. Minutes of Council of New Hampshire. The Lt.-Gov.
Portsmouth, having been credibly informed that the Indians by their late
carriage in some of the frontier towns have given just occasion
of suspition that they design mischief against us, ordered that
the Captains of Dover, Oyster River, and Exeter forthwith order
Scouts to be kept on the Heads of the said frontier-towns, to wit,
that Capt. Peter Coffin send two men to scout from Exeter to
Pick-pocket Hill and thence to King's Town and so back to
Exeter, and two men to Lamperell River to the house of John
Smith's, and so back ; that Capt. Woodman send two men from
Oyster River to Lamperell River to Smith's and so back, and two
men from n\-t-r River to Toll-end Falls to the House of John
11 alum's juiir. ; and that Capt. John Tuttle send two men from
294
COLONIAL PAPERS.
1702.
May 5.
Whitehall.
May 5.
Whitehall.
May 5.
Whitehall.
John Hamm's to Salmon Falls, to the House of Capt. Ichabod
Plaisted's, daily until further order.
Ordered that the present military watch in the Town of
Portsmouth be continued till further order. [C.O. 5, 789.
pp. 81, 82.]
417. Council of Trade and Plantations to the Earl of
Nottingham. We have been attended by Mr. Randolph, who,
in pursuance of your Lordship's order, has brought us papers
relating to a dispatch to be made to Bermudas, and from thence
to the Plantations, of H.M. Declaration of war, which we think
may be convenient, but we think it more safe and proper that,
besides the forementioned conveyance, advice-boats be sent, one
to the Government of New England, from whence the pacquets
may be dispatched to H.M. Plantations as well on the Continent
as to the Islands, and another to the President and Council of
Barbados, with duplicates and orders to them that they transmit
the same to the Islands, and to any one of the Plantations on
the Continent, from whence the Governor may be directed to
transmit the pacquets he shall receive to the rest of H.M.
Governments on the Continent. The like notification may be
given to the Company of Foot, and to H.M. subjects at New-
foundland, by the convoy ordered thither, in case (as we believe)
that convoy is not yet sailed. Whether these letters are to be
writ by your Lordship or by this Board, is humbly submitted.
Signed, Rob. Cecill, Ph. Meadows, Wm. Blathwayt, John Pollexfen,
Mat. Prior. [C.O. 324, 8. pp. 151, 152.]
418- Council of Trade and Plantations to Governor Lord
Cornbury. Having understood that some masts and timber
provided by the late Earl of Bellomont at New York, for the
service of the Royal Navy, are yet remaining in that Province,
but being uncertain whether the Masts are yet brought down to
the Port and in a readiness to be shipt off, and it being necessary
that some care be taken to prevent the waste and spoile both of
the one and the other, and that they be employed to the uses for
which they shall be found proper, we desire you so soon as possible
to give an account of the particulars and of the state of the whole
parcel, both masts and timber, to the Commissioners of H.M. Navy,
together with your opinion how they may be best sent for
England, in order to their directions thereupon. And we further
desire you to give us the like information at the same time ; as
also your opinion in relation to all sorts of Naval Stores as
required by your Instructions. Signed, Stamford, Rob. Cecill,
Ph. Meadows, John Pollexfen, Mat. Prior. [C.O. 5, 1119.
pp. 135, 136.]
419- William Popple to Sir John Cooke, H.M. Advocate
General. Enclosing for his opinion in Civil Law the petitions
of Jeronimy Clifford. [See April 21, May 16.] [C.O. 389, 40.
p. 130.]
AMERICA AND WEST INDIES.
1702.
May 5.
Whitehall.
May 5.
Whitehall.
May 5.
Whitehall.
May 5.
Whitehall.
May 5.
420- William Popple to John Champante. Unclosing copies
of papers relating to the proceedings against Col. Bayard, etc.
List enumerated. (C.O. 6, 1119. pp. 137, 138.]
421- William Popple to Henry Adderlv and Charles Lodwick.
With similar enclosures. \C.O. 5, 1119. pp. 139, 140.]
422- Copy of the Report of a Committee of the House of
Commons, upon Mr. Hodges' Petition relating to the course of
Justice in Barbados. The maierial* for the enquiry have been given
in Cat. 1700, 1701. Evidence was given before the Committee
to show that delay in holding courts was due to the sickness of
the Governor, etc. It was resolved that Mr. Hodges had not
made good his petition or any of the particulars of mule
administration against Lord Grey or the Commissioners of Trade
and Plantations, and it was dismissed us " vexatious and
scandalous." Signed, Paul Jodrell, Cl. Dom. Endorsed, Reed.
Read June 12, 1702. 27 pp. Enclosed,
422. i. last of Papers referred to in above Report. 1 pp.
[C.O. 28, 6. Nos. 55, 55.i. ; and 2t), 8. />/>. 02-102.]
423- William Popple to Mrs. At wood. 1 enclose the copy
of a Memorial laid before the Lords Commissioners for Trade and
Plantations by Mr. Adderly and Mr. Lodwick. in which Mr. At wood
being particularly named, 1 judge it may be useful to you. The
remaining papers relating to the proceedings against Col. Bayard,
etc., I have sent to Mr. Champantc who will communicate them
to you, and with whom you may please to confer, etc. [C.O. 5,
1119. p. 139.]
424. Minutes of Council of Barbados. Upon information
given by Mr. L;irkin. orders were given that Charles Buckworth,
Judge of the Vice-Admiralty Court, should issue out his warrant
for apprehending Church convicted with Kid and said to have
escaped from Newgate. Mr. Buckworth reported that the
prisoner denied his name to be Church, but acknowledged himself
to be the person intended. His name was Nicholas Churchell
and he pleaded the King's Pardon, but having nothing to show
for the same, he was committed to gaol.
Gunners' salaries paid.
Geo. McKenzie, merchant, was paid for <J white servants who
died after the Treasurer had refused to accept them.
40*. paid to Thomas Bradley for work done on the fortifications
in St. James' precincts.
Petition of Arthur Slingsby and George McKenzie, Attorneys
to John Nanfan of New York, and Elizabeth his wife, and
Dorothy Chamberlen, Henry Applewaite and Arthur Slingsby,
attorneys to Middleton Chamber|teJ, as also the said Dorothy,
wife of the said Middleton, praying for an Appeal against the
administration of the estate of William Chester granted to John
Eginton, was granted, upon their giving the usual security.
[C.O. 31, 0. pp. 212-214.J
296 COLONIAL PAPERS.
1702.
May 6. 425. William Popple to Josiah Burchett. The Commission of
the Commodore of the Newfoundland Squadron to command at land
during his stay in those parts now lies ready. The Council of
Trade and Plantations having also understood that the obstruction,
which has been about sending a boom to Newfoundland, was
referred to H.E. [the Lord High Admiral] ; and the dispatch of
that service appearing to them a matter of great importance, they
desire you to let them know what has been done therein.
[C.O. 195, 3. p. 97.]
May 6. 426. Mr. Burchett to Mr. Popple. The Lord High Admiral
Admiralty will give orders to the Commodore of the convoy to cause
Office. assistance not only in cutting the Boom for the Harbour of
St. John's in those parts, but fixing it by the carpenters of H.M.
ships that shall go under his command. I will take care for
the delivery of the Commission. Signed, J. Burchett. Endorsed,
Reed. Read May 7, 1702. Addressed. 1 p. [C.O. 194, 2.
No. 75 ; and 195, 3. p. 98.]
May 6. 427- Minutes of Council of the Massachusetts Bay. The
limits betwixt Sherborne and Framingham depending before the
Assembly, ordered that the Assessors, etc., forbear to assess,
collect or enforce payment to any Province or Town-rates from
any of the persons concerning whom it is disputable to which of
the Towns they belong.
Warrant signed for the Treasurer to supply Capt. Southack
with 200/., out of the stock allowed by the Assembly, in provisions
and goods suitable for the Eastern Indians ; to be transported to
them in the Province galley.
John Viall paid 111. 17s. 6d. for 65 barrels of beer supplied by
him for the use of the garrison of the Castle, Dec. 9, 1701-April 10,
1702.
Accounts, of billets for the soldiers lately detached for H.M.
service at the Castle, committed.
Licence granted to Ichabod Williston and John More to build
a timber dwelling-house upon their land butting on the lane or
alley leading from the back street down to the sign of the
Salutation.
Licence granted to Ezekiel Needham and Solomon Townsend to
erect a timber building on land butting on the same lane.
Licence granted to William Hill to erect a timber building on
his land adjoining his house in Wing's Lane in Boston.
Licence granted to John Stevens to erect a timber building on
his land adjoining the North West side of the house of Robert
Grammon, deed., and in addition thereto, being situate between
the house in which Thomas Kellom, glazier, dwells, and that in
which Widow Clark dwells, nigh unto Captain David Robertson's
house, at the North End of Boston.
Licence granted to Nathaniel Loring to erect a timber building on
his land at the North end of Boston, lying between the House and
land of Joseph Arnold, and that wherein Deborah Keen late
dwelt, over against the house of John Green, the end of said house
to front to the street. [C.O. 5, 788. pp. 137-139.]
AMERICA AND WEST INDIES. 297
1702.
May 6. 428. Minutes of Council of Virginia. Order given for granting
leave to ships to sail for any of the Plantations, notwithstanding
the former embargo (April 25).
Letter from Mr. Burchett, Jan. 29, 170J, read and the following
paragraph sent to the Collector* and Naval officers, to intimate
the same to commanders of ships : " The gentlemen trading to
Virginia have made applications to my Lord Admiral the Earl
of Pembroke, for a convoy to secure home their effects, and four
fourth-rates and fifth-rates for that purpose, which will be going
from hence the beginning of March, so that I doubt not but
vou will take the necessary care to cause all possible dispatch to
be made in the getting the Trade in readiness to come home
against the convoy arrive." [C.O. 5, 1409. p. 214.]
May 7. 429- Council of Trade and Plantations to the Queen. Having
understood from Mr. Lewis Burwell appointed by his late
Majesty a Member of the Council of your Majesty's Colony of
Virginia, that by reason of his age and infirmities he is not
capable to perform the duties of that place and that he dos there-
fore desire to be excused from undertaking it ; and having
likewise understood from Gov. Nicholson that by reason of the
small number of Counsellors residing there, the great distance
of the habitation of diverse of them from the seat of Government,
and the difficulties that many times happen in passing the bays
or rivers of that country, he finds it difficult to get a quorum
of Counsellors to meet upon any certain appointment ; for which
reason he desires that the number of twelve (at least) ma}' be
always kept up full, and in order thereunto has lately sent us a
list of the names of persons whom he esteems fitly qualified to
supply vacancies in Council, according to his late Majesty's
instructions to him in that behalf ; we humbly propose to your
Majesty that the said Burwell be discharged (as he desires) from
the place of Counsellor in Virginia, and that Philip Ludwell,
William Bassett, and Henry Duke, Esqrs.. whom the Governour
recommends, and against whom we have no objection, may be
constituted by your Majesty Members of the Council of Virginia to
supply the present vacancies. Signed, Stamford, Robt. Cecill,
Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior.
[C.O. 6, 1360. pp. 172-174 ; and 5, 1335. pp. 5, 6.]
May 7. 430. Sir Henry Ashhuret to Mr. Popple. In answer to your
letter of 4th instant, I never saw the copy of an Act passed
Sept. 13 last by the Government of New Hampshire relating
to the giving of 5501. for to defray the publick charge. But if
the Council of Trade and Plantations desire further satisfaction
relating to that Province, I will attend their commands upon
their first notice. Signed, Hen. Ashhurst. Endorsed, Reed. 8th,
Read May 13, 1702. } p. [C.O. 5, 862. No. III.]
May 7. 431. Circular Letter from the Earl of Nottingham to all
Nottingham, the Governors, etc., in America. The Queen having been pleased
to constitute me one of her Principal Secretaries of State, it is
298 COLONIAL PAPERS.
1702.
necessary that I should inform you of it, that for the future you
may direct to me such letters as relate to H.M. service, and I
desire you from time to time to acquaint me with such things
as occur in your parts. And I am commanded to acquaint you
that H.M. has declared warr against France and Spain, as you
will see by the enclosed Declaration, and to signify H.M. pleasure
to you that you cause it to be proclaimed in the places under your
Government, that Her subjects having this notice may take care
to prevent any mischiefs, which otherwise they might suffer from
the enemy, and do their duty in their several stations, to annoy
the subjects of France and Spain. I must also acquaint you that the
Emperor and the States General have also declared Warre
against France and Spain Endorsed, Reed. Read May 8, 1702.
1 p. [C.O. 323, 3. No. 127 ; and 324, 8. p. 153.]
May 7. 432. Copy of second paragraph of above, probably made at a
late date. \ p. [C.O. 5, 3. No. 3.]
May 7. 433. Copy of above letter from the Earl of Nottingham to
the Lords Proprietors of Carolina and the Bahamas. [C.O. 5,
289. p. 91.]
May 7. 434. Memorandum of above letter to the Lords Proprietors
of the Bahamas. J p. [C.O. 5, 1261. No. 88.]
May 7. 435- Memorandum of above letter to the Lords Proprietors
of Carolina. J p. [C.O. 5, 1261. No. 89.]
May 7. 436. Memorandum of letter above from the Earl of Notting-
ham to the President and Council of Barbadoes. [C.O. 28, 6.
No. 56.]
May 7. 437- Memorandum of above letter from the Earl of
Nottingham to Capt. Bennett, Lt.-Gov. of Bermuda, i p.
[C.O. 37, 3. No. 70.]
May 7. 438- Memorandum of similar letter to the Governor and
Company of Connecticut. J P- [ G -- 5 > 1261. No. 92.]
May 7. 439. Memorandum of above letter from the Earl of
Nottingham to Brigadier Selwyn, Governor of Jamaica. p.
[C.O. 137, 5. No. 66.]
May 7. 440- Memorandum of above letter from the Earl of
Nottingham to Col. Codrington, Governor of the Leeward
Islands. p. [C.O. 152, 4. No. 89.]
May 7. 441. Memorandum of above letter from the Earl of
Nottingham to Col. Blakiston, Governor of Maryland. p.
[C.O. 5, 715. No. 51.]
May 7. 442- Memorandum of above letter from the Earl of
Nottingham to Col. Dudley. .$. -p. ..[C.O. . 5, 862. No. 110.]
AMERICA AND WEST INDIES.
IM
1702.
May 7. 443- Memorandum of abovr letter from the Earl of
Nottingham to the Lord Cornbury, Governor of New York.
Endorsed, Reod. Read May 8, 1702. \ p. [C.O. 5, l"i;
No. 47 ; and 6, 1261. No. 91. J
May 7. 444- Copy of similar letter from the Earl of Nottingham to
Col. Nicholson, Governor of Virginia, for proclaiming war against
France and Spain. 1 p. [C.O. 5, 1312. No. 32. ; and 5, 3.
No. 2 ; and (Memorandum only, J p.) 5, 1312. No. 32.]
May 7. 445. Memorandum of similar letter to Capt Swanton.
Commodore of the Newfoundland Convoy. 1 p. [C.O. 194, 2.
No. 76.]
May 7. 446- Memorandum of similar letter to Governor Penn.
i p. [C.O. 5, 1261. No. 90.]
May 7. 447- Memorandum of similar letter to the Governor and
Company of Rhode Island. \ p. [C.O. 5, 12C1. No 93. |
May 8. 448- William Popple to Mr. Burchett. Enclosing copies of
Whitehall, above letter, to be forwarded. [C.O. 324, 8. pp. 154-157. J
May 7. 449- Journal of Council of Trade and Plantations. Letter
Whitehall, from Mr. Burchet read.
Representation for constituting three new Members in H.M.
Council of Virginia signed.
Letter to Governor Selwyn agreed upon.
Letter to the Lord Godolphin to acquaint him that by his
place of Lord High Treasurer he is of this Board, and to desire his
assistance when his other affairs will permit, signed.
May 8. Letters from the Earl of Nottingham, notifying the war to the
Plantations, laid before the Board. Mr. Armstrong, who brought
them, signified that they are to be sent to the Lord High Admiral
for conveyance by advice-boats. Letter written to the Lords
Proprietors of Carolina on the subject. The letter for the
Bermudas was sent to Mr. Randolph to be transmitted by the
first ship sailing direct. The remaining letters were sent to
Mr. Burchet.
Letter to Brigadier Selwyn signed. [C.O. 391, 15. pp. 9-14 ;
and 391, 96. Nos. 83, 84.]
May 8. 450- Council of Trade and Plantations to the Lords
Whitehall. Proprietors of Carolina and the Bahamas. We send you here
inclosed two letters from the Rt. Honble. Earle of Nottingham,
Principal Secretary of State, relating to the notification of war
with France and Spain, that you may observe the directions
therein given you, with relation to her Majesty's province of
Carolina and her Colony of the Bahama Islands. And we further
acquaint you that there are Advice-Boats appointed by his
Excellency the Lord High Admiral for carrying these notifications
to all her Majesty's Plantations, which Advice-Boats are to sail
300
COLONIAL PAPERS.
1702.
May 8.
Whitehall.
May 8.
May 8.
May 8.
Whitehall.
immediately. Signed, Stamford, Ph. Meadows, Wm. Blathwayt,
John Pollexfen, Mat. Prior. [C.O. 5, 1289. pp. 456, 457 ; and
5, 289. p. 91.]
451- Council of Trade and Plantations to Governor Selwyn.
Enclosing letters from the Earl of Nottingham, as above. You
are to take care to observe the orders therein directed to yourself
and to dispatch the other packets to the several Plantations
with all speed. Signed, Stamford, Ph. Meadows, Wm.
Blathwayt, Jno. Pollexfen, Mat. Prior. [C.O. 138, 10. p. 329.]
452- Similar letter, mutatis mutandis, from the Council of
Trade and Plantations to the President and Council of Barbados.
[C.O. 29, 8. pp. 25, 26.]
453- Lords Proprietors of the Bahamas to the [? Government
of Bahamas]. Sirs, We have just received H.M. commands for
declaring war against France and Spain. We do therefore order
and direct you to declare war accordingly, and that you do your
duties in your several stations to annoy the subjects of France and
Spain, and to preserve and defend our Colony. Whereiri we can
be serviceable to you, pray send word, and all necessary care shall
be taken for your security. Signed, J. Granville, Palatine,
M. Ashley, Craven, Barkeley, John Colleton, J. Granville for
Lord Carteret. The like sent to Carolina. [C.O. 5, 289. p. 91.]
454- Council of Trade and Plantations to Governor Selwyn.
We have received yours of Feb. 6th. We are very glad of your
safety, and hope your next will give us an account of the arrival
of the rest, so that you may be in a condition to defend the Island
and offend an enemy, as there shall be an occasion, which may
probably happen in a short time, H.M. having declared war
against France and Spain. We are sorry to observe the great
confusion you say the Island was hi with relation to Civil Justice,
by reason they had been so long under Martial Law, yet doubt
not but you will have taken speedy care to make the people
easy in the first respect without neglecting anything necessary
for their security in the other. We are glad that you have
resolved to call a New Assembly, and hope the ill humour that was
grown up in the last will by your prudence and care be dispersed ;
so that you will be able to dispose the inhabitants (out of a sense
of his late Majesty's extraordinary favour towards them in the
provision made for their defence) to a more ready compliance
with what you may find necessary for H.M. service, of whose
gracious protection and care you may assure them. The settling
of a public Revenue, as was done by an Act in the Duke of
Albemarle's time, is a matter in which you must use your utmost
endeavours to manage and perswade them to a compliance, for
the thing is necessary, and in case the Assembly continue
refractory, that Act will be confirmed according as has already
been signified, Feb. 4, 1700.
AMERICA AND WEST INDIES. 301
1702.
At your departure from hence, you hod an additional Instruction
to move the Assembly to reimburse the Board of Ordnance for
the stores then sent, and another Instruction of the same kind,
Sept. 30, 1701, sent after you : since which the Principal Officers
of the Ordnance have again (Dec. 27, 1701) desired that the like
care be taken in relation to the stores last sent, and to the pay
of Officers and Artificers there.
It has happened upon occasion of some Acts of Assembly
transmitted hither relating to the interest of private persons, that
we have wanted such informations as were necessary in the omen,
and we therefore desire you on all occasions relating to private
Acts to take care that some reasonable proofs be sent hither of
the chief suggestions upon which any such Act is grounded.
Signed, Stamford. Ph. Meadows, Wm. Blathwavt, John Pollexfen,
Mat. Prior. [C.O. 138, 10. pp. 330-332.]
May 8. 455- Minutes of Council of Maryland. H.E. being desirous
Annapolis, to take all possible care and [? of] the shipping now in the Province
upon this dangerous conjuncture of an impending war, lays before
the Board a letter from Mr. Micajah Perry, an eminent Merchant
in London, Jan. 24, 1701(2), and others, which give account of a
good convoy intended to fetch home the Virginia and Maryland
Fleet, which convoy was to sail March 1st ; but in regard a
vessel arrived last week, which sailed from England March 10th,
and was not assured when the convoy might be expected, after
considering H.E.'s Instructions, the Board advised that no
embargo be laid, until H.E. receive express directions from England.
Petition of John Jones, of Baltimore County, carpenter, read.
Having been convicted of manslaughter at the last Provincial
Court, and suffered the corporal punishment of being burnt in
the hand, and having also forfeited all his goods and chattels to
the King, so that he hath nothing to sustain his wife and six
small children, prays for execution upon his estate to be
suspended. Granted, upon good security being given that the
said estate shall be forthcoming when required.
It having been represented that one David Hughes hath been
convicted for breaking a Store, and stealing some small quantity
of rum and sugar, in which fact his Master was found to have
been concerned with him, it being considered that David Hughes
was a servant under the terror of his Master, and being very young,
upon his great bewayling his folly, ordered that H.M. gracious
pardon be extended him.
H.E. acquainted the Board that Lt.-Col. Thomas Smithson,
the present Chief Justice of the Provincial Court, had refused to
serve in that station any longer then this present Court. Resolved,
in regard that Col. Smithson is so well qualified and gives such
great satisfaction to the country in his station, that it be
recommended to the next Assembly to consider of some
encouragement to be given him for his continuance in that station.
Major William Dent, Attorney General, finding his health
impaired and living remote, desired to be discharged. The
Council recommended Wm. Bladen for the post.
302 COLONIAL PAPERS.
1702.
Ql. Os. 4d. paid to Major Dent for money paid by him for
cleansing and fixing the public arms in Charles County, 1701.
[0.0. 5, 744. pp. 23-26.]
May 8. 456- Minutes of Council of the Massachusetts Bay. Sailing
orders to Capt. Southack, H.M.S. Province galley, on a voyage to
the Eastward, with supplies for trade with the Indians, were
drawn up and signed. His account for repairs was examined
and paid. [0.0. 5, 788. pp. 139, 140.]
May 10. 457. Governor Codrington to the Council of Trade and
Antegoa. Plantations. I had been before this at Nevis and St. Kitts, if
the surprising news had not reached us a los not to be exprest but
thought of. I shall take care to keep things in order till yor.
Lordps. send me a furlow for six months or for ever, wch. I beg
of you. These Governments must be in good ernest put upon
another foot before an honest man can serve in one of them, or
answer the ends for wch. he is sent hither. The enclosed will let
your Lordsps. know poor Mr. Elrington is freed from a world
and a government equally troublesome. However, I shall
vindicate the gentleman's reputation to your Lordsps. as soon
as I can be sensible of any concern but the public one. 'Tis
possible Mr. Carpenter will shortly send you a complaint against
me too, for he has been laying in a stock of provocations a good
while to oblige me to use him ill but I promise your Lordships if
he treats me as he did Col. Elrington, I shall not break his head
with a cause but a brace of balls, for it cannot yet get into my
understanding that I am to be worse treated as the King's
Governor than as a private gentleman. I suppose Mr. Carpenter
never writ that he struck the Governor and sent him a challenge
in his own gov[erra]ment, not with a design to fight him, I believe
indeed, but to raise a tumult and be carry ed of in triumph with
his Jacobite friends. This gentleman has not yet had the
manners to come to me, that he might be sworn and give the
security the Law of this Hand requires, so that at present we
have no Secretary, and I must, with all humility, lay before your
Lordships that if Mr. Carpenter be Secretary, I cannot be General.
My employ is so troublous as well as chargeable to me that 'tis
not worth my while to give yr. Lordsps. a reason for wt. I say,
nor shall I put myself to any pains in proving and defending, but
I shall be able to give the world a very good account of myself
in this and every other particular. My good intentions I find
are ill seconded as well as very ill rewarded, and I shall be easier
in my hermitage. I had long desired Col. Elrington to accept
of the Government of St. Kits, where his estate lay, but he told
me Mr. Mead and Mr. Cole had so poisoned it with their
venomous factions, that he would have nothing to do with it, and
had rather lose his estate there than his reputation. There are
indeed some very foolish people, and they have been debaucht
by those who have as little honesty as they have sense. Upon
the least alarm they are out of their wits, and immediately sent
me up an Address to come down to them, and then nothing but
AMERICA AND WEST INDIES. 303
1702.
my courage, conduct, wisdom and a thousand other qualities
which they can see another time can preserve them. But as soon
as the danger is past, they are all faction and folly agon, and
will do nothing that is reasonable for the good of their Hand. But
the two gentlemen, who came up to me as Deputys from thence
last night, both as honest, discreet men assure me they are now
generally in good dispositions, are fully satisfied Mr. Cole is a
factious, malicious villain, and will be influenced by him no more.
I will goe down thither and try what good is to be done with
them, and if I doe not succeed now, I shall despair for ever. I shall
thence also send yr. Lordsps. some papers in relation to
Mr. Mead's and Mr. Freeman's causes ; in the meantime I have
some from hence wch. Mr. Gary will lay before yr. Lordsps.
Signed, Chr. Codrington. Endorsed, Reed. ltt.h, Road July 10,
1702. Holograph. 3 pp. Enclosed,
457. i. Abstract of preceding. \\ pp.
457. ii. An account of Col. Elrington's Death. This 30th day
of April, 1702, about 10 o'clock at night, I came' from
on board H M.S. Canterbury in company with
Col. Ellington, Lt. Bellisses and Lt. Stevens, and as
I was near Mrs. Richardson Maypoule's, heard the
Widow Stevens call out " He is going to break open
my house." At which words Col. Klrington slept
before any of ye Company to a gentleman that st<xxl
under said Stevens her window uttering these words
"G d d n you for a b h." (I understood said gentle-
man afterwards to boar the title of Capt. Chambers.)
Col. Ellington took Chambers by the shoulders, saving
" Who are you, what are you, and what makes you
so rude?" Chambers answering "God cl n your
blood, who are you ? " Col. Ellington gave him a
small blow with the flat of his right hand on his left
cheek. Chambers was then going to draw his sword,
and swore as before. Then Lt. Bellisscs takes him by
the shoulders, saying " It's the Governor." He replied
" G d d n his blood, he did not care." Col. Elrington
asked him who he was and where he was bound. He
said he was a King's Captain. Col. Elrington replied
" I am sorry to hear it and see you so rude " and took
him by the two arms. Still Chambers swore as before.
Then the Governor was striking at him with his little
cane. Chambers stept back and drew his sword and
passed at the Governor, and I believe gave him a prick
in the left side, by the wound I afterwards saw, but
at the same time and when the Governor drew his sword,
but I thought as before that neither had toucht one
the other till parted, and I saw the Governor's shirt
bloody. Signed, Tho. Minor. Note, in Codrington's
hand. He dy'd that night. Endorsed a* letter. 1 p.
457. iii. Copy of report of the inquest held upon Col. Elrington.
Nevis, May 1, 1702. Names of Jurors: Saml.
Clarke, Wm. Bowrey, Richd. Bowrey, Henry Rawlins,
304 COLONIAL PAPERS
1702.
John Hilton, Jno. Thornton, Michl. Roe, John Edgerley,
Jno. Law, Sam. Browne, James Milliken, Edwd. James,
James Abbott, Matthew Mills, John Everendon,
Timothy Hare, Wm. Kitt, jr., Wm. Weekes. Endorsed,
Reed. 9th. Read July 13, 1702. 1 p. On reverse,
457. iii. (a). Copy of summons of above Inquest by Jno.
Smargin, Coroner. p.
457. iv. Council of St. Christopher's to Governor Codrington.
We understanding that the most unhappy news of the
death of the best of Kings, which overwhelms us with
unexpressible grief, has put a stop to your Excellency's
intentions of coming down here so soon as your last
letter intimated, and our President Col. Me Arthur
being now under a great weakness of body, and thereby
obliged to enter into, a course of Physick, which may
prevent him from giving necessary orders and
countenance by his presence requisite in case the French
should attack us, which we have reason suddenly to
expect. The want of such necessary orders then may
be of fatal consequence to us, makes us presume humbly
to address ourselves to your Excellency that you would
be pleased to appoint some other person to act in that
post till we can have the happiness and honour of your
Excellency's presence very much wisht for to inspire
our men with fresh vigour, etc., as also to strike a
greater terror into the French. Upon the confirmation
of the Act of Nevis for raising the Companies there for
the service of this Island, they seem only to wait your
commands for their coming down. We therefore
humbly hope your Excellency in your great prudence
and timely orders will put them in a readyness of
answering by their service the end for which they are
establisht, and that H.M. soldiers of Brigadier Tiffin's
Regiment, lately arrived to these Islands under your
Excellency's government for the defence thereof, may
be sent to remaine upon this Island for two months'
time, during whose aboad the Publique of this Island
are contented to give them and their officers free
quarters. We also being assured that M. de Gennes has
sent for the French forces from Saint Martin's and
Bartholomew's to reinforce him, humbly beg your
Excellency would be pleased to send your commands
to the people of Anguilla and Spanish Town to come
up here, assuring your Excellency wee will upon such
order forthwith send sloops to bring them up, not
doubting but the inhabitants of the Windward side of
this Island will be very ready and glad to entertain them,
by reason they were so very desirous of having some
of Brigadier Tiffin's Regiment quarter'd upon them, and
seem dissatisfied that they have none. And whereas
there is a present necessity for a publique fund to
provide ourselves with several necessarys that are
AMERICA AN T D WEST INDIi 305
1702.
extreamly wanted, and a fixt number of slaves to put
upon publique works for our better defence, we humbly
beg your Kxeelleney would give us leave to call
together the new elected Assembly, and swear them,
that they may he impower'd to consult proper methods
and draw up Bills for that end, and likewise to renew
the Billets, the time of the former being expired. Signed,
Mich. Lambert, Henry Burrell, Sam. Crookes, John
Garnett, Stephen Payne. Endorsed, Reed. July 9,
1702. 1 large p. [C.O. 152, 4. Nos. 96, 96.i.-iv. ;
and (vnthout enclosures) 153, 7. pp. 487-491.]
May 11. 458- George Larkin to the Council of Trade and Plantations.
Antigua. I gave your Lordships an account from Annapolis in Maryland
about December last, that I staid some days at Philadelphia in
hopes of meeting with one Churchill and one How, two persons
that were convicted of pyracy at an Admiralty Sessions at the
Old Baily with Kidd ; they gave out that they had given the
Keeper of Newgate three hundred guineas for leave to eome into
that part of the world to take up some money which they had
buried in the woods before they were apprehended, and I was
credibly informed that the former had taken up eight hundred
and the other fifteen hundred pounds. I accidentally met with
Churchill at Barbadoes, and have caused him to he taken up, and
seized about a hundred pounds of his effects which are deposited
in the hands of the Judge of the Admiralty of that plaee, and
to prevent any charge that may happen to the Crown or the
island until her Majesty shall think fit to declare her pleasure
concerning him, I have acquainted the Councill of Barbadoes,
that the most proper place for his confinement may be aboard
the man-of-warr attending upon that Government, where he
may do some service for his provisions. I hope, my Lords, your
Lordships will pardon the freedome I take in telling you that
I don't at all admire that your Lordships and other Ministers
are dayly harassed with complaints touching the irregular
administration of affairs in the Plantations, since Patent offices
are so frequently disposed of to persons wholly unacquainted
with business, and officiated by Deputys' Deputys' Deputys,
some of which are scarce capable of writing six words of sense ;
but that which most of all surprizes me is a complaint against the
Governour of the Leeward Islands to the House of Commons,
who truly (if I may have leave to speak my thoughts) is the
only Governour that I have met withall since my coining into
America that can be called a good Governour. All his actions
seem to tend wholly to the service of the Crown, and good of the
subject, with all the honour and justice immaginable, and that
without any advantage to himself. Every body here assures me
that he has taken abundance of pains with the Militia of this
Island, and made them very fit for service upon any emergency ;
he is revising their laws, and takes all imaginable care to prevent
clandestine and illegall trade. If the Governour was not a man
of learning and parts, business would be carried on here at a
M
306 COLONIAL PAPERS.
1702.
very lame rate, there being at present no Attorney or Sollicitor
General, and but one gentleman that pretends to understand the
law in all the Islands, and the Governour and Councill have under
Mr. Carpenter, the Pattentee, a boy of about fourteen years of
age to attend them as Secretary of the Island and Clerk of the
Councill, and I do assure your Lordships, whilst I was present
with them, there was occasion for drawing a small Instrument
in writing and when it was done, it was such nonsense and stuff
that the Governour and Councill were ashamed to sign it, and \
was forced to draw it myself. The reason I understand the
Secretary gives for his not attending upon the Governour and
Councill here, is his being a Commissioner of the Customes in
one of the other Islands, however it's not my business to concern
myself how far he may be dispensed with upon that occasion.
I have settled the forms of proceedings for tryall of pyrates here
with the Commrs. agreable to the Act of Parliament, and wait
now for a passage to Jamaica. I have undergone, my Lords,
abundance of fatigues, hazards and hardships upon the account
of this service, which I hope your Lordships will be pleased to
take into your consideration, and when an opportunity offers,
have some regard to, my lords, your Lordships' most obedient
and most humble servant. Signed, Geo. Larkin. Endorsed,
Reed. 9th, Read July 22, 1702. 2-| pp. Holograph. Annexed,
458. i. Abstract of preceding. 1 p. [C.O. 152, 4. Nos. 97,
97.i. ; and (without abstract) 153, 7. pp. 500-503.]
May 12. 459. J. Thurston to Mr. Popple. The late Lords Com-
missioners of the Treasury not having directed the money for the
subsistence, etc. of the Company at Newfoundland, I pray you
will remind Mr. Lowndes of the necessity of giving dispatch to
that matter. Signed, J. Thurston. Subscribed;
459. i. William Popple to Wm. Lowndes. Desiring him to lay
the matter before the Lord High Treasurer. Signed,
W. P. The whole 1 p. [C.O. 194, 2. Nos. 77, 77.i. ; and
195, 3. pp. 99, 100.]
May 12. 460. Edward Randolph to the Council of Trade and Planta-
tions. I received your commands to send forward a letter from
the Earl of Nottingham to Lt.-Gov. Bennett. Col. Thos. Gary,
owner of the Joseph of Carolina, has proposed in case he might
have a protection for James Norman, the Master, a Bermudas
man, and for Christopher Hall, the mate, and seven sailors more, he
will take upon him H.M. letters. Signed, Edward Randolph.
1 p. [C.O. 37, 3. No. 71 ; and 38, 5. pp. 212, 213.]
May 12. 461. William Popple to Josias Burchet. The Lords Com-
missioners for Trade and Plantations enclose [above], and desire
you to acquaint the Lord High Admiral that they think it may
be for H.M. service that (besides the packets for Bermudas which
I sent you the 8th instant) this also be sent by vessel bound
directly for Bermudas as proposed. 1 p. [C.O. 37, 3. No. 72 ;
and 38, 5. p. 214.]
AMERICA AND WEST INDIES. 307
1702.
May 12. 462. Col. Quary to the Council of Trade and Plantations.
Reply to Mr. Penn's Answers, April 28, 29. Article ye 1st. The
charge being matters of fact and too tedious to transcribe all the
proofs of them, I have only to desire your Lordships that we may
with all expedition proceed to it, being ready to make appear to
your Lordships, that I have often complained of it, ana admire
at the shortness of Mr. Penn's memory that he can remember but
one vessell. I shall mimic him of severall others. (2nd) The
Acts made in Pennsylvania to prevent illegal trade are so fair
from being put in execution that they are not allowed to be
Acts ; and as to the English Acts of Parliament, it shall fully
appear to your Lordships that no care hath been taken of them
by that Government : and all Mr. Penn's plausible story on this
head hath nothing in it but to amuse your lordships. (3rd) This
also is matter of fact ready to be proved, and I shall therefore
only remark to your Lordships that Sir. Perm very well knows that
all the trade of that province lieth within the district of those
two Counties, where he had granted the Commissions, and that
I never was absent but that I left sufficient powers to have
supprest all disorders. He is pleased to say the Commissions
he gave were drawn by one that my Ixml Bellomont had
employed, but doth not add, that so soon as my Lord was
thoroughly apprized of his character, he turned him out, and that
after this, though the same information was given Mr. Penn, yet
he employed him. That Mr. Penn did solemnly promise to
joyn with me in representing some things home relating to the
powers of my Commission, and that till tilings were determined,
and we should receive directions from the Government, I should
uninterruptedly execute all the Powers of my Commission, is true.
But that, contrary to this promise, he hath invaded those powers
by granting Commissions, etc., is as ready to be proved.
(4th) I must in general offer my proofs of the article replied to,
and shall take care to distinguish how far Coll. Fletcher attempted
the settling of a Militia, what Mr. Penn hath done in that affair,
and on what account it is truly necessary for the protection and
defence of the country. (5) Besides the general offer of proof,
Mr. Penn is pleased to evade the charge and quibble about French
Indians, whereas I charge him, that, notwithstanding the
nakedness of the country, he hath lately received into his province
several nations of foreign Indians and some French Indians, who
are lately run away to the French. Mr. Penn is pleased to say
that he hath discouraged Frenchmen imployed by me from
trading with the Indians. In answer to which I do assure your
Lordships, that I never imployed any Frenchmen to trade with
any Indians nor any other person or persons whatsoever.
(6th) Mr. Penn in his reply hath in effect owned this Article, and
I see no roome for any other answer than to tell you. that proofs
are not wanting to clear any t hinu he may have made doubtfull
in his pretended reply. (7th) The like may suffice in reply to
the seventh answer. (8th) And as to the next I shall at the same
time make it appear to your Lordships, that what Mr. Penn hath
said hath no weight in it. I do most humbly desire of your
308 COLONIAL PAPERS.
1702.
Lordships on the behalf of the inhabitants of the three Lower
Counties that Mr. Penn may be obliged to make appear what
title he hath (if any) to the government of those three Lower
Counties or to the rents, he having exercised the former to the
highest degree, and hath received or secured the rent for about
twenty years. (9th) The charge relating to the three capital
crimes suffer'd to go unpunished in Mr. Penn's government, are
proved by the hands of several persons of integrity and honour.
(10th) The fact of the Hustle Cap is owned, but I am not
conscious they were ever punished for it, and desire it may be
proved by Mr. Penn. (llth) Mr. Byfeild having petitioned her
Majesty and complained of the denyal of an appeal to him on
which an order was granted, requiring those in Mr. Penn's govern-
ment to allow of appeals home and so remit the cause, puts that
matter out of dispute, if that were the only instance. (12th) The
matter of the 12th Article is likewise true ; his present Deputy
Governour not being qualified according to Law, for which reason
the people of the Jerseys refused to submitt to him as Governour
This Mr. Penn very well knew, yet had so little regard to her
Majesty's Laws, that in contempt of them he made him Deputy
Governour of Pensylvania. Neither can I by any means allow
of his pretence of necessity of appointing Coll. Hamilton, in that
there was no other person capable of it, there being to my
knowledge several persons less lyable to objections and every
way as capable of that employment.
Reply to Mr. Penn's second Answer. First. As to what
relates to the restoring Anthony Morris to his places in the
Government, it is matter of fact and owned by Mr. Penn ; but
that I had any such discourse with himself or Anthony Morris,
as Mr. Penn mentions, I doe absolutely deny, and shall be ready,
when your Lordships command, to lay the true state of it before
you. (2nd) Mr. Penn is charged that in a late Charter, which he
hath granted to the people of Philadelphia, he hath given to the
Sheriffs almost all the powers of the Admiralty, to the Capes of
the Bay, under the pretence of Water Bayliffs; To all which
charge he hath made no reply. (4th) This Article being owned
by Mr. Penn and by his officers better, leaves no roome for enlarge-
ment, but only shall add this hint ; the said William Righton
is an old offender, noted for illegal practices, as will be more fully
shown, when matters are debated before your Lordships. (5th) As
to what concerns his kinsman Mr. Parmiter, I appeal to Mr. Penn,
whether I did not acquaint him with it in Pensylvania, whether
he did not see a copy of the Indictment against the said Parmiter,
and if it be still doubted, I have only to inform your Lordships,
that I expect a copy of the Records every day from Bristoll, having
sent for them. (7) All the matters in this Article are true and
Mr. Penn is no stranger to it, since I acquainted him with it in
Pensylvania and am now ready to prove it. (8th) Here
Mr. Penn's answer to the Article is branched out into so many
particulars and of so little concern to the matter that I cannot
speak to it without being very large, so must referr that till the
business is debated before your Lordships. And now may it
\NTI> WIOST IXDIES.
1702.
your LordahfaM th*4 tin re mi ...... tab , o< MM
affairs by my staying in Knghmd. I ln-u leave to have a short
day assigned. that I may proceed to all my proofs, which are at
all times ready, .it being both difficult and tedious to committ
them all to writing ; which is, however, humbly submitted to your
Lordships' considerations. Signed, Robt. Quary. Endorsed,
Rrcd. Head May 12, 1702. 3 pp. [C.O. 5, 1261. No. 94 ; and
5,1289. pp. 457-464.]
May 12. 463 William Popple to William Penn. The Council of Trade
Whitehall, and Plantations command me to acquaint you that Coll. Quary
having laid before them a reply to your answer to the information
of irregular proceedings in Pensylvania, and desired that a short
day may be appointed for a hearing, in order to his making good
his charges ; their Lordships have appointed this day sevennight
(vizt. Tuesday the 19th instant) for the further hearing of his
proofs and your answers relating to that whole matter. And
they more particularly order me to mind you of your promise
to them to make out your title to the three Ixnver Counties, as
well with respect to soile as government, that you may prepare
yourself to do it at the same time. [C.O. 5, 1289. pp. 464, 4<>5.J
[May 12.] 464. Petition and Address of H.M. Protestant subjects in
the Plantation of New York to the King. Wee, having too many
reiterated informations of our being calumniated and mis-
represented to yr. Majesty, with hearts full of grcif, loyalty and
the highest clutie and regaurd to your Majesty, humbly pray the
freedom to acquaint your Majesty that as soon as we knew of
your Majesties happy accession to the Crown, we entertained
the joyful tidings with hearts of alacrity, blessing almighty god
for our great deliverer. And as we cannot still, without dread
and horrour, reflect upon the ruins and calamities that were likely
to swallow us when your Majesty brought us deliverance, soe
wee are influenced with a lively and grateful sense that our
Religion and Liberties are in the greatest safety under your
auspicious Reign. We do assure 3"our Majesty that the divisions
and Differences that have happened amongst your subjects in this
Province were never grounded upon the interest of your Majesty,
but the private corrupt designs of some of the pretenders to your
Majesty's service, who have laid hold of an oppertunity to enrich
themselves by the spoils of their neighbours. The oppressions
and hardships wee underwent took an end by the arrival of vour
Majesty's Governour, and during the whole course of the late
war, with your Majesty's gracious assistance, wee cheerfully
sustained its burthen, some of us in our persons, and all of us
by our purses, and by the fortunate influence of your Majesty's
Empire conserved this your Colony intire from any conquest of
the eneniie. being conscious to ourselves of nothing more than
an entire affection and faithful adherence to your Majesty's I:
person and interest. It was the greater surprise to find oureclvrs.
by the late Earl of Bellomont, without reason or coulour tinned
out of all places in Government and those generally filled with
310
COLONIAL PAPERS.
1702.
persons least qualified for their posts, and to add to our
misfortune and evidence the injuries we have suffered, wee find
ourselves to be branded most unjustly with characters of disaffec-
tion and infamy, altho' wee, with all dutiful submission, underwent
the first, yet the latter, as being an offence to truth and touching
us in our good names, and the interest all faithful subjects ought
to have in a just Prince, we cannot but be extreamly sensible off.
Your Majesty's subjects could not at first foresee the ends
designed. But the measures taken were of that nature as to give
us just apprehensions of evill, great partiality hi appointment of
officers, manifest corruption and injustice in all elections, and
that so open and barefaced as the greater number of the people
could not but see the destructive projections no less than the
injurious means used to attain them, being nothing else but
abusing your Majesty's glorious name, and under pretext of your
Majesty's service by the Legislative power to divest many of your
Majesty's good subjects of their just rights and possessions, and
to share and divide the same amongst themselves and their
confederates, with many other sinister, indirect and unjust
proceedings easily to be proved, but to[o] many to enumerate at
present to your Majesty, thereby greatly offending your Majesty's
good subjects, and tending to rende 
