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Ri *)
,t o-ra% J
CALENDAR
OF
STATE PAPEBS,
COLONIAL SEEIES.
C/bU^3
AMEEICA AND WEST INDIES
1704-1705,
PRESERVED IN THE
PUBLIC RECORD OFFICE.
I
EDITED BY
CECIL HEADLAM. M.A.
PUBLISHED BY THE AUTHORITY OF THE LORDS COMMISSIONERS OP HIS MAJESTY'S TREASURY
UNDER THE DIRECTION OF THE MASTER OF THE ROLLS.
LONDON :
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1916.
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Price, Fifteen Shillings.
v)
CONTENTS
PAGE
CORRIGENDA - vi
PREFACE vii
CALENDAR 1
GENERAL INDEX ------ 749
(Ti)
CORRIGENDA.
1700. P. 63. Line 10 from bottom. For No. 5 read No. 6.
1701. P. 14. Line 10 from bottom. For No. 25 read No. 24.
P. 362. Line 19 from top. For C.O. 37 read C.O. 137.
1702. P. 581. Line 9 from top. For No. 7 read No. 6.
P. 668. Line 15 from top. For xii read xi.
1704. No. 82. Dele in toto.
No. 497, line 7, add Of. May 1, 1706.
1704-5. P. 44. 13 lines from bottom. For offices read officers.
P. 131. Line 11. For Gard read Yard.
P. 250. 11 lines from bottom. For Damt. read Danl (?).
P. 255. 6 lines from top. For Georg read George.
P. 255. 8 lines from top. For vii read ix.
No. 97. Dele in toto.
No. 704. For J. Bridge read T. Bridge.
(vii)
PREFACE.
The war. There was little fighting in America or the West Indies
during the years 1704 and 1705. But the victories of
the Allies in Europe, and the success of British arms in
Catalonia, strengthened the candidature of their nominee,
the Archduke Charles, for the throne of Spain. In these
circumstances, upon the initiative of the States General,
reo* ened trade w ^ n tne Spaniards in the West Indies was re-opened
with Spain, in the name of Charles III (50, 116, 160, 1353, 1485).
It was a measure desirable as a stroke of policy intended
to alienate Spain from her French allies and to put an
end to friction between English and Dutch in the West
Indies ; and it was almost imperative as a means of
preserving the prosperity of some of the Colonies. The
loss of the trade with Spain is, for instance, mentioned
by Col. Quary as one of the chief causes of the great
impoverishment of New York (p. 140). But permission
to engage in this commerce was not extended to the
Charter and Proprietary Governments, for fear that it
would be used as a cloak for carrying on illegal trade (50).
Col. Handasyd, the Governor of Jamaica, who evidently
enjoyed the confidence of Ministers at home, was instructed
to carry on negociations with the Spanish Governors.
The Spaniards were ready enough to re-open trade with
the English, and Rear- Admiral Whetstone represents
them as weary of the yoke and tyranny of France (1264).
But they continued meanwhile to treat their English
prisoners with such barbarity (1236), that it was necessary
to make threats of reprisal, should such treatment be
continued (1329, 1330, 1358).
Th ings S foi v Proclamations were issued for Days of Thanksgiving
Blenheim, throughout the Colonies for Marlborough's victories on
the Danube and in the Spanish Netherlands (538, 1282).
4de u wlth Questions of trade with the Dutch from the Plantations,
and Sane 1 con ^ rar y to the Acts of Trade and Navigation, and of
PREFACE.
collusive trade with the French in provisions from New
England and the Northern Colonies, through the Danes
at St. Thomas, were raised (12, 50, 677. i., 914). The
Council of Trade suggested that Danish ships carrying
goods from that island to the French were liable to
confiscation, and that the Crown of Denmark should be
pressed to refuse to allow French ships of war and
privateers to harbour themselves in that port, assuming
that the treaties in force with regard to European ports
applied equally to St. Thomas (12, 677.L, 914).
>he general account of trade and the administration
of the Plantations for 1704, which the Council of Trade
rendered to the House of I,ords, has been printed in the
Calendar of the House of Lords MSS. (682).
Convoys. Much of the time of the Commissioners was taken up
by their endeavours to arrange convoys and to make up
the merchant fleets so as to satisfy the conflicting con-
venience of the Colonies, the English merchants and the
Admiralty. Some English merchants were anxious to
steal a march on others ; some to delay the sailing of a
fleet in order to catch the Colonists short of English goods ;
many secured licences not to be obliged to await the
convoys, if their ships were warranted good sailers and
well armed. The Council of Trade did their best to check
the issue of these permits, pointing out that in case of
capture such ships would endanger the whole fleet that
was to follow (1510). In order to prevent the leakage of
information, whether of a commercial or a political nature,
they further pressed Governors and merchants to instruct
masters of ships to sink any letters they might be carrying,
in case they should find themselves in imminent danger
of capture (426). But in this matter, too, neither mer-
chants nor colonists were always ready to sacrifice private
advantage for the public weal (p. 626). Further confusion
and loss was caused by the failure of the Admiralty to
provide men-of-war when the fleets were ready, for such
unpunctuality involved the missing of the markets. A
Trade S and d deal of mismanagement on the one hand, and of
shipping, greedy individualism on the other, resulted in many ships
being caught and trade being severely handicapped. No
less than 43 ships are reported captured or missing, out
PREFACE. IX
of the fleet of 108, which sailed from Barbados and the
Leeward Islands in 1704 (794). By the middle of 1705
the Province of the Massachusetts Bay alone had lost
140 ships (954). A prisoner at Martinique says that
163 prizes had been brought in there since the war began,
and that 30 French privateers had been commissioned from
that port, where there was confident talk of a French fleet
coming to take all the West Indies (348, 420).
^ e ca P tures ^ ^ course, were not all one way. And
since there was a general tendency in the Plantations to
chafe against the rights of the Admiralty, orders were
sent to the various Governors to support the Agents of
the Crown in cases where prizes were brought into their
ports (39, 45, 53, 103, 128, 174.ii.). But on one point the
Navigation Acts were relaxed. The proportion of English
tion Act. seamen required in each ship's crew was reduced from
three-fourths to one-half " during the present war " by
an Act of Parliament (465).
Hitherto the efforts of the Council of Trade to encourage
theimpor- the production of Naval Stores in America, in order to
Naval stores break the monopoly of the " Eastern " merchants, had
plantations, resulted in an almost negligible export of pitch and tar
(750). As the result of their efforts in the previous year,
they recommended Thomas Byfield and Co. for a charter
to import these articles (143, 234, 899). They proposed
that this embryo trade should be encouraged by granting
a premium on Colonial produce, which should also be
admitted Custom-free (327. i., 413). An Act of Parliament,
to encourage the importation of Naval Stores from the
Plantations, prepared by the Board, was passed to this
effect at the end of 1704 (742), and Mr. Bridger was
presently appointed Surveyor General of the Woods,
with the function, amongst other duties, of instructing
the Colonists in the art of preparing pitch and tar (1517. i.)-
connec ti n may be mentioned a proposal for
of-watin setting up a ship-yard and building men-of-war at
Patuxent (363).
Thwarted in their plans for the active prosecution of
the war by the extreme Tories, Marlborough and Godolphin
obtained the dismissal of the Earl of Nottingham and
his followers in the spring of 1704. Sir Charles Hedges
x PREFACE.
Mr. secre- succeeded him as Secretary of State, " with the care of
a and M^ 68 the Plantation affairs" (291). At the same time,
S nlriey y Mr. Secretary Harley and Henry St. John appear on the
scene in these pages (328). Indications will be found of an
increasing tendency to send Ministers' proteges in Governors'
trains with the view of a post being found for them (1351).
Absentee And, in spite of the past efforts of the Council of Trade,
Patent
officers, and symptoms of restiveness on the part of the Colonists,
the system of absentee-holders of Patent Offices grows,
and is encouraged (1487, p. 284).
Supervision The Council of Trade continued to remind Governors
and Repeal . . .
of Laws, to send over bodies of the Laws in force in their several
Governments, and copies of the new Laws as soon as
possible after they were passed (536, 540). The careful
consideration given to Colonial legislation, and the reasons
given for repealing some of the laws, are very instructive.
Sometimes, for instance, approbation is refused upon
grounds of infringing the prerogative of the Crown or
the rights and liberties of the subject, sometimes in order
to prevent inhumane punishments, as in the cases of
Bermuda and Pennsylvania (496, 498, 1076, 1081).
C The Se Instead of being welcomed as a step towards com-
Prociama- mercial stability, the Proclamation issued in June, 1703,
fixing the rate of exchange for foreign coins throughout
the Plantations (392, 424), was received in the Colonies
generally in the same spirit as similar legislation had
recently met with in England. Thanks, as the Lieut.-
Governor of Pennsylvania remarks, to the liberty which
trading men will always take in their own bargains, but
also to the advantage which the several Colonies sought
to derive by shifting the value of the coinage, the
Proclamation remained practically a dead letter on the
Continent (864). It was observed in Barbados, but not in
the Leeward Islands, to the great irritation of the former
(1018, 1376). Dudley could not persuade the Assembly of
the Massachusetts Bay to enforce it (p. 590) ; it was ignored
in Virginia, where trade in cash, instead of kind, is
mentioned as a new feature (924, p. 412) ; in Pennsylvania
the merchants decided to make for the future " particular
bargains," and to wait on the example of New York (864,
1442) ; and in New York the merchants regarded the
PREFACE. xi
innovation as certain to bring utter ruin (635). As
the neighbouring Colonies were determined to ignore
H.M. injunctions and to continue the practice of
clipping coins and passing money at the old rates, or
even higher, as the Bostoners intended, Cornbury decided
to delay putting the Proclamation into execution (876).
At home, whilst Penn urged that the regulation should
either be dropped or enforced (1209), and the Agents of
Barbados demanded the infliction of the severest penalties
on those who did not obey it (1376), the Attorney General
advised the Council of Trade that probably in the
Plantations, as before in England, an Act of Parliament
would be required, imposing penalties on those who
received money at other values than those which had been
fixed (1217, 1382).
Cornbur 's ^e Colonial Assemblies tended, in many instances,
dual with the to regard themselves as modelled upon the House of
Commons, and, therefore, as entitled to all the prerogatives
of the English Assembly (p. 386). L,ord Cornbury explained
to the Representatives of New York that the holding
of Assemblies was " purely by the grace and favour of
the Crown," and that their claim to all the privileges
of the Commons was an encroachment upon the prerogative
of the Queen and an infringement of the powers of the
Governor (p. 308). The Council of Trade supported this
view. The occasion of Cornbury's strictures was the
determined endeavour of the Representatives to obtain
some control over the expenditure they sanctioned.
^ n ^ e a ^ arm ^ an advance of French and Indians,
and Cornbury had gone up to Albany. The alarm proved
false, but it gave occasion to show that the Militia was
ready and serviceable, and that the Five Nations were
friendly and alert. Another alarm of an attack upon
New York by the French from sea recalled Cornbury
thither, but, by the time he arrived, the rumoured ten men-
of-war had resolved themselves into one actual privateer.
Some of the Militia are said to have behaved well on this
occasion, " but very many of the Dutchmen ran away
into the woods " (p. 307).
-^ was > Cornbury asserts, in hopes of forcing him to
dissolve the Assembly, that the Representatives refused
xii PREFACE.
to pass a measure for the defence of the frontiers, save
with such provisoes as infringed the prerogative. By
this manoeuvre, the " Dutch party," headed by the old
leaders, Gouverneur and Staats, expected to gain a majority
in the New Assembly. Cornbury, therefore, only adjourned
the House from the summer till the autumn of 1704 (427,
428, p. 187). But the passing of summer did not cool
the determination of the Assembly not to pass the Bill
The council save on their own terms, and they declined to admit any
and money ' .
Bms. amendments made by the Council to Money Bills.
Cornbury accordingly dissolved them (p. 309).
A New When the new Assembly met, in Tune, 1705, it was
Assembly
and the old found, in general, that the people had chosen the same
Representatives. The Representatives chose the same
Speaker (p. 559). The same spirit naturally animated them.
They prepared a Bill for raising l,100l. for the defence of
the frontiers, but insisted on nominating a Treasurer who
should be accountable to the Assembly. They refused to
admit any amendments to this Money Bill from the Council,
on the analogy of the lyords and Commons in England
(pp. 560, 561). They were adjourned to September,
but " continued in the same obstinate way " with regard
to their Money Bill (1462), in spite of a pronouncement
by the Council of Trade that the Council had a perfect
right to amend such Bills (1462 .vii., p. 460).
Assembi ^ e ex pl ana tion of their insistence appears in the
complain of Assembly's reply to the Council (1462.i.-v.). They com-
prSions. plain that they have in practice been left hitherto in the
dark as to the disposal of public monies, and that sums
already raised for the defence of Albany and the frontiers
had been misapplied. Whereupon they were prorogued
till the following May.
B and rd Past events sti11 threw their shadows. An Act to
Hutchins. reverse the proceedings against Bayard and Hutchins
was repealed upon the suggestion of the Attorney General,
and another Act was passed to the same effect, but
providing against the bringing of vindictive actions against
persons who had taken an innocent part in the proceedings
now reversed (545, 736, 741, 1499, p. 705).
Lord Cornbury devoted much of his time to a prolonged
and controversial investigation of the accounts of
Bellomont,
PREFACE. xiii
L,ady Bellomont and the ex-Iyieutenant-Governor, Nanfan.
He claimed to make out that both Nanfan and the late
Governor, Bellomont, were much in debt to the State,
a position not at all admitted by Nanfan or Mr. Champante
(398, 406, etc?). Both Lady Bellomont and Nanfan escaped
to England, the latter, as he says, after a severe experience
of prison and from a series of malicious prosecutions (415).
The Council of Trade wrote on their behalf to Cornbury,
who appeared to be making a partisan use of his great
powers as Governor. They also advised him to streighten,
as far as possible, his expenses on fortification and stores
of war in these times of stress, and warned him that no
more stores were likely to be granted until an account
was rendered of those he had taken with them. Cornbury's
answers are plausible enough, but from these hints by
the Council of Trade, and by their observation that if
the money granted by the Assembly had been spent on
raising a battery at the Narrows, that would induce the
Assembly to grant the remainder necessary, it would
appear that some suggestion of malversation had already
reached them (184, 530). A further request, however, for
Grant of stores of war, a present to the Indians, and a man-of-war
wS r and f a to save the trade of the Province in provisions with the
the e indian West Indies from extinction by French privateers, met
with a more gracious response (643). Three hundred
pounds were granted for a present to the Indians (891) ;
two men-of-war were appointed to guard New York (1493,
p. 460) ; and since Cornbury had represented that he had
not 120 barrels of powder left and no spare small arms at
all, it was proposed that some stores captured by the French
should be made good, and 50 barrels of powder sent, to
be paid for by the Assembly (889-892).
ix*d A charge was laid against Lord Cornbury by Mr. Byerley,
: a n nd ury the Collector, of lax administration of the Acts of Trade
Mr. Byeriey. an d Navigation in favour of Col. Wenham, one of the
Council (379). Cornbury replied (416, 422), and presently
retorted further by suspending Byerley for countenancing
illegal trade (1172).
Smuggling The smuggling trade carried on at Sandy Hook leads
Sandy Col. Quary to suggest the building of a battery and the
Hook ' stationing of a Collector there (353 .i.).
xiv PREFACE.
Amongst the domestic legislation of 1704 was an Act
provided, to provide a room for the Assembly, which had hitherto
been obliged to sit in a tavern (p. 191).
ivin lr s 'tc ^" r * W^g^one was restored to his office of Secretary
restored, for Indian affairs, and his advice bore fruit in the appoint-
ment of two ministers by the Society for Promoting the
Gospel in Foreign Parts as missionaries to the Five Nations
(55, 799, 800, 1357.)
industries of ^ rd Cornbury's report to Mr. Secretary Hedges throws
New York, light upon the industries and economic condition of the
Province, and gives a valuable sketch of the political
views of the inhabitants. He offers his own opinion that
" all these Colloneys, which are but twigs belonging to
the main Tree, ought to be kept intirely dependent and
subservient to England, and that can never be if they
are suffered to goe on in the notions they have that, as
they are Englishmen, soe they may set up the same manu-
factures here as people may doe in England, for the con-
sequence will be that, if once they see they can cloath
themselves, not only comfortably, but handsomely too,
without the help of England, they would soon think of
putting in execution " the an ti- Anglican, anti-monarchical
designs they had long harboured in their breasts. He
The state indicates again the cleavage between the Dutch and the
of parties. 5
English and French, and, again, between New York City
and the rest of the Province : " Among the English in
this City there are a great many good men, but in the
count rey, espetially in L,ong Island, most of the English
are Dissenters, being for the most part people who have
removed from New England and Connecticut, who are
in noe wise fond of Monarchy," etc. Hence, he concludes,
their desire to extend the powers of the Assembly
(1250).
ewjersey. The Assembly of New Jersey made it clear that they
Revenue did not intend to grant a Revenue until the " Proprietors'
The Bill," which they had brought in in the previous year,
ofs'Tn!" was passed (27, 641, pp. 283, 284, and see Calendar, 1703,
p . xv.). Lord Cornbury accordingly dissolved them in Septem-
ber. The new Assembly, in spite of the opposition of the
Quakers, granted a revenue of 2,000/. to the Governor for
two years, and, amongst others, Bills for settling the Militia
PREFACE. XV
opposition an( j f or altering the qualifications of electors and elected.
Lewis Lewis Morris led the opposition to the latter Act, declaring
etc. ' that the Proprietors had only surrendered their right of
government upon terms, and that one of the conditions they
insisted upon was the qualification of electors and members
as laid down in the original Constitution. His opposition
ended in his being suspended from the Council by
L/ord Cornbury (878). Amongst his arguments, as
reported by Cornbury, was the claim for Colonial Assemblies
to have the same powers as the House of Commons, referred
to above, and that, if they were not allowed to send
Representatives to the House of Commons at home, the
Colonies ought to be governed by laws of their own making
(p. 386). The Proprietors of West Jersey soon entered
their protest against the Act, insisting on the conditions
on which, they alleged, they had surrendered their Charter
(952, 1040). They assert that the country was not duly
represented when the obnoxious Acts were passed, and
that they therefore ought not to be confirmed. For a
majority of one had been obtained by two members of
the Council challenging the qualifications of three members
of the newly elected Assembly, and the Governor had
refused to admit them even after their cases had been
considered and they had been approved by the
Representatives. This, as they pointed out, was to claim
a veto on any election. They object, too, to the tax upon
uncultivated lands, included in the Revenue Bill, which
was passed, it is suggested, in return for the Governor's
dissolution of the last Assembly and his exclusion of the
three members. Objection was also made to the Bill
about the Indian lands (1703) and to other actions of
Lord Cornbury contrary to his instructions (48, 1040,
1449). Cornbury's version of the affair is given (1476).
The Council of Trade did not admit the suggestion
that the surrender of the Proprietors had been conditional.
They had already approved the alteration in the methods
of election, and proposed that the Governor's Instruction
should be altered to that effect, before the results of this
Session reached them (1055). They directed Cornbury
to get the Revenue settled for 21 years, and bade him
be content with 1,500/. for his first year and 1,000^. for
Xvi PREFACE.
subsequent years, and not to intermeddle in the election of
Representatives (1057). And they offered other advice which
certainly amounted to a severe reprimand. When the
Assembly met in May, 1705, the Quakers, who represented
the Western Division, did not attend, in the hopes, it was
said, of forcing a dissolution. Cornbury, however, merely
adjourned the House till October, and in October again
to May, as soon as the question of the three excluded
members was raised again, and he saw, as he says, that
they were resolved to do nothing (1476).
Maafa- ^ e Council of Trade confessed themselves defeated
chusettsBay.by the refusal of Col. Dudley's Governments to settle a
sa^yTnd 8 salary upon him and the other officials. They pointed
e Quota. out t ^ at ^ w ^ unreasonable for them to expect to be
supplied with munitions of war, whilst they refused to
obey H.M. commands in this matter (110, 349). Those
commands were renewed (491) in August, 1704, and again,
a few months later, on the occasion of a grant of cannon
for Castle Island, which was now finished (3). The
Governor was instructed to inform the Council and
Assembly of her Majesty's sense of their great neglect
of their duty and of their own security. If they did not
comply immediately with H.M. commands to rebuild the
Fort at Pemaquid, contribute to the cost of fortifying
Piscataqua, and settle the salaries of the administration,
they were warned that they must not expect any further
grants or favours from the Crown (349, 645, 693, 807. i.)-
Th o e f thf y In September, 1705, Dudley called a special Session
R tivesTo*" ^ ^ e Assembly to consider this Order, and demanded their
H?M. " positive and direct answer " (1422). Their answer
ds< ignored his blandishments, and, since the Council of Trade
had expressed their disapproval of their previous method
of sending over an Address to the Queen without the
knowledge or consent of the Governor (349), they now
pursued the more correct method of addressing the Crown
through the Governor. They had already, in begging
for a grant of cannon and small arms, and for two frigates
to guard the coast, urged that the neighbouring Govern-
ments ought to contribute towards their heavy burden
of defence (451), but they refused to vote their own quota
towards the help of New York in case of need (p. 217) ;
PREFACE. xvii
and whilst they commended Governor Dudley's careful
management of affairs, and readily raised men and money
to carry out his precautionary measures of defence on the
frontiers, they again refused to settle a salary upon him,
or even to vote an annual sum adequate for his support
(.217). As to Pemaquid and Piscataqua, they repeat
the reasons formerly given for refusing to obey H.M.
commands (Calendar, 1703, No. 1266) and add some new
ones (1435.il.), which Dudley declares to be mistaken
(p. 656). The Addresses and letters sent home with
Mr. Gary were thrown overboard when the vessel con-
veying them was captured by the French (594).
?o church 1 Du( lley explains the difficulty of his position in the
and crown, course of an appeal for the support of the Minister in
charge of the Plantations. So long as he enforces the
Acts of Parliament, the New Englanders, " who can hardly
bear the Government nor Church of England amongst
them," were determined to make him as uneasy as possible
(679). The privilege of electing Councillors was used by
the Assembly to exclude " every loyall and good man
that loves the Church of England and dependance upon
sFarva y tion. HJVL Government " (p. 215). The policy of starving
the Governor was applied also to other public officers.
The lyieutenant-Governor, the Chief Justice and other
Judges were being compelled to resign for want of an
adequate salary, and the Council would not consent to
fill their places with Dudley's nominees, " the best qualifyed
men for estates and loyalty " (pp. 446, 447).
C Spe C a e ker f . a An incident in the same struggle was the choice of a
Speaker in May, 1705. Dudley refused to accept Oakes as
being a pauper and a "known Common-wealth's man/ 1
The Council denied his power of rejection, and he was
obliged to waive it in order to save the Revenue (p. 588).
O n the other hand, as we have seen, the Assembly did
Defence. no t hesitate to support their Governor in his energetic
measures of defence, although they involved an expenditure
of over20,000/. per annum (954). For it was clearly a case
of self-preservation (p. 446).
The precautions taken achieved their object. During
the winter of 1704 the frontiers were kept clear of Indians
by parties of rangers on snowshoes, save for a raid from
Wt. 2710. C b
xviii PREFACE.
Montreal upon the towns of Connecticut River, which
was quickly repulsed (159 .i., 260). Only one man-of-war
was appointed to guard the coast from privateers and
to keep the French fleet out of Boston Harbour or
Piscataqua, should it pay a rumoured visit to that place.
But a privateer from Port Royal, which chanced to be
driven ashore, gave warning of an expedition in force,
" drawn together from Quebeck, Port Royall and our
own Indians/' intended against Piscataqua in May (p. 100).
Dudley prepared to receive them, and at the same time
organised a counter-attack on the Eastern Indians during
their absence. Actually in July a concerted movement of
French from Quebec and Eastern Indians was made upon
the Piscataqua and Connecticut Rivers. It was broken
up by Dudley's frontier forces (455), which were ordered
to follow up their success by an advance into the enemy's
country (p. 214). In co-operation with a fleet of sloops
and two men-of-war an expedition under Col. Church
R?ia 8 upon a dvanced into Nova Scotia and plundered and burned the
Nova Scotia. French settlements (455, 600). Dudley, indeed, declares
that, if he had been granted the extra 4th rate man-of-war,
for which he had applied, they could easily have reduced
portRoyai Port Ro Y a l for that that place, like Quebec, was short of
difficulties P rovisions (P- 214 )- The capture of their provision ships
" this year and the next did, in fact, reduce the French at
Quebec to great straits (680, p. 587). Confirmation of this
is to be found in the proposals of neutrality made by
M. Vaudreville to Dudley in October, 1705 (1423. iii.,
p. 587). These proposals prompted Dudley, like Corn-
bury, to press for an invasion of Canada (679, 680, 1274,
p. 308).
Destruction The effects of ^ expedition to the Bay of Fundy were
N wock ge ~ very salutar y- The Indians caused no trouble in the
winter, which had previously been the season when they
had done most mischief. But Dudley did not relax his
vigilance. Besides keeping a strong guard upon the
frontiers to repel a threatened attack, he sent an expedition
to Noridgewock in the following spring (p. 445). They
found the place deserted, and destroyed the fort, "in
which they found a large Church and School and lodgeing
for a couple of fryers " (966, 968).
PREFACE.
B s?tti s ers nd A Re S ister of births, April, 1704-1705, and a list of
causes for the year October, 1704-1705, are referred to
(1422.iv.-x.). The former ^ giving the number of births as
over 2,000, was rendered imperfect by Quaker principles
and inefficient officials. But against this element of
increase in the population Dudley notes elsewhere a decline
in immigration not ten families of settlers had come
in ten years whilst hundreds had fled across the border
to the Charter Governments, in order to escape the burdens
of taxation and military service (p. 447).
pirates. Dudley seized and hanged some privateers who had
turned pirates, though, as he says, it was regarded as a
new and harsh thing to hang people that brought gold
into the Province (p. 216). Whilst he petitioned for the
balance of this money for his pains, the Agent of the
Province solicited for a grant of it towards the purchase
of arms (954).
^^ mone y s l n g due t Mr. Usher as Treasurer in the
time of Sir E. Andros remained unpaid, although his
accounts were passed by a Committee of Council, and
the Assembly could make no clear objection to them
(No. 417, pp. 446, 453).
fostonfrom ^hat unfortunate gentleman found himself no better
New off as Lieutenant-Governor of New Hampshire. After
e * some differences with his chief, Col. Dudley, after
reiterated complaints against his predecessor, Partridge,
and his faction, and a total failure to obtain an allowance
from home or any grant from the Assembly for his services,
he retired in dudgeon to Boston (34, 35, 982). He com-
plains that H.M. Commission was treated with disrespect ;
and the people of New Hampshire are reported by Sampson
Sheaf e to be against monarchical government. No jury,
he says, would convict in a case of transgressing the Acts
of Trade, were Admiralty cases left to them (141). A
petition came before the Queen in Council against a
protective duty imposed in New Hampshire which
penalized English owners of ships (543 .L).
^d^the* Exasperated, not unnaturally, by the obscure style
council of and repetitions of the Lieutenant-Governor's letters, the
Council of Trade beg him to write plain matter of fact
in an intelligible manner.
XX PREFACE.
Governors As t o hj s differences with Col. Dudley, they remind
Lieutenant- him that Dudley is not out of his Government when he
>rs- is in the province of Massachusetts Bay, and that therefore
the Lieutenant-Governor of New Hampshire must take
his orders and not dissolve Assemblies contrary to his
directions, as had been done (338, Calendar, 1703, p. 917).
The same question of administration arose in the case
of Lieut. -Governor Ingoldesby and Lord Cornbury in
relation to New Jersey a little later (1443).
Dudley and Dudley met the Assembly of New Hampshire in February,
Assembly of 1704. They pleaded poverty as their reason for not
Hampshire, doing more than raising 500*. for the Fort at Newcastle,
which was repaired by Col. Romer (417), and keeping men
ready for emergencies against Indian raids (159. iii.). In
spite of their experiences of that danger, the settlers on
the frontiers continued to live in their scattered houses
rather than in garrisons on the defensive (p. 51).
M ciatms n s Mr - Allen ' s claim to the " waste lands " continued to
agitate the Province (120). His case against Waldron
was tried in March, 1705, and resulted in a verdict for
the defendant, as, says Usher, was to be expected, the
judges and jurors being persons who gave Waldron money
to carry on his case. The judges refused to obey the
Queen's Orders to direct the jury to find specially in
this case (982, cf. Calendar, 1703, No. 580). Allen
appealed.
embi 's ^ n Dudley's arrival in May he took up the case and
offer to persuaded the Assembly not only to grant a salary and
revenue for the administration in obedience to H.M.
commands (Calendar, 1703, 601), but also to make an
offer which he thought Allen would have done well to
accept, even though it were short of justice (1108, 1109,
1432 .i.). Allen, however, died at that moment. His
claim was taken up by his son (1367 .i.).
caused! A Kst of recent causes is indicated (1).
Pennsyiva- flie new L/ieutenant-Governor, Evans, did not arrive
ma. Division. . ..,._.., / \
of the in Pennsylvania until February, 1704 (175). In spite of
his efforts to promote unity, the division foreshadowed
in Venn's Charter of 1701 (1429), crystallised when the
Representatives of the Province and Three Lower Counties
met in Assembly in April (353, 359.ii.-vi., 605.vii.). The
PREFACE. XXI
Representatives of Pennsylvania refused to sit with those
of the Three Counties, who, " finding themselves thrown
off by the Quakers/' retired to their own country to shift
for themselves in a separate Assembly at Newcastle (353).
Militia. Q ne o f ij vans > fi rs t steps was to issue a Proclamation
requiring all those " whose perswasions will on any account
permit them " to arm themselves and enlist in the Militia
(359.i., 599). By the end of the period under review he
reports that he has succeeded in settling as regular a
Militia as he could induce the Representatives to see the
necessity of. The Quakers, of course, were exempt,
and the Lieutenant-Governor suggests that many who were
not Quakers by conviction, but were disaffected to H.M.
Government, availed themselves of this exemption (1441).
The Quota. He h ^ presse( ^ but p ress ed in vain, for the Assembly at
Philadelphia to grant the sums they were enjoined by
the Queen's commands to contribute towards the defence
of the New York frontier (359, p. 273). The Assembly
referred to their former refusal, and proceeded to challenge
the Lieutenant-Governor's power of proroguing or dissolving
them (599). Col. Quary suggests that the evil example of
Pennsylvania in this matter of the Quota corrupts the
good manners of the Jerseys, and nothing more is to be
expected so long as the present Constitution is allowed
to remain in force (p. 141).
The ld antagonism continued between Quakers who
wished to be judges, but would not take or administer an
oath, and non-Quakers who might wish to be tried, but
thought an oath more binding than a mere affirmation
(605 .ix., p. 282). There was a further division of Quaker
against Quaker, a large party being strongly opposed
to the Proprietor's interest. The quarrel came to a head
over the Militia, the officers of which were indicted by the
Quakers, who did not spare young Mr. Penn himself,
who was " presented for abusing the Constable and Watch "
(605 .xi.). The Lieutenant-Governor retorted by declaring
the proceedings of the Court against one of the Militia
void, in accordance with the Order in Council of January,
1703, since the Court had refused to administer an oath
to a witness (p. 283, No. 605 .ii.). Incensed with Penn and
his son, the Quakers refused to grant a penny to them or
xx
penn,
a son. an
penn's
Govern-
ment.
PREFACE.
^ o Evans, and young Penn, who had come over in pursuance
of an agreement, by which, if father or son should settle
in Pennsylvania, a sum was to be raised for them, was
so incensed that he publicly renounced the Quakers,
put on his sword, and shook the dust of the province
from off his shoes, resolved to persuade his father to resign
the Government (p. 283).
These events are reflected in the negotiations for
surrendering his Government which continued to take
place between Penn and the Council of Trade. After
returning to the charge against Col. Quary in 1704 (176),
Penn, in the beginning of 1705, renewed his proposals for
resigning the Government, waiving the conditions which
had rendered his previous offer impracticable, and
stipulating, in general, only for entire liberty of conscience
for the inhabitants, the reservation of his Proprietary
privileges, and exemption for himself and his successors
from troublesome offices and public taxes (786). These
generals were gradually extended to the particulars from
which Penn constitutionally shrank, and a draught of a
surrender was framed before the end of the year (788,
809, 810, 946, 1156, 1158, 1331). With a view to com-
pensation, and to support his claim that his recent visit
to Pennsylvania had produced a very large increase in
^ e Customs paid, Penn supplied valuable lists of exports
since 1699 (788, 1446).
In considering the 105 Laws of 1700 and 1701 passed by
Penn, the Council of Trade took great care to enquire
into the Proprietor's legal position as well as into the
desirability of the particular laws. The Attorney-General's
report upon them is a good instance of the careful scrutiny
to which the Laws of the Colonies were submitted by the
I/aw Officers of the Crown, and of the reasons for which
they were repealed, if repealed they were. Some were
rejected as tending to the prejudice of Englishmen, or as
contrary to the laws of England, or as encroaching on
the prerogative of the Crown ^ but the larger number
because they threatened the liberty or security of the
subject, or because the punishments proposed were
inhumane or too severe (604). Penn's reply to these
objections is characteristic. He must submit to lawyers,
PREFACE. xxin
and pleads that the " simplicity of the times in that
wilderness should excuse inexpertness," and so forth
(1278.L, 1324, 1372, 1383, 1463). In response to the
objection to an Act that might encourage the making of
shoes in the Plantations, to the disadvantage of English
manufacturers, he argues that reason of State cannot " in
prudence or justice put one man's commodity, as this will,
upon another at ye seller's price " (pp. 598, 612).
The e Moh U i-' In response to the complaint of the Mohican Indians,
can Indians, that certain lands had been taken from them by the
Government of Connecticut, contrary to agreement (11),
a Commission of Enquiry was appointed (171, 172, 207),
after the opinion of the Attorney General had been
ascertained as to the power of the Crown to erect such a
Court (146). The Commission, presided over by
Governor Dudley, sat in August, 1705, but the Com-
missioners appointed to represent the Colony first flouted
the Queen's directions and challenged the power of the
Court, and then withdrew (181. i., 1312, 1422). The
Commission reported unanimously in favour of Owaneco
and the Mohegans (1312. i.), but indicated that the Govern-
ment of Connecticut would refuse to carry out the award
and to restore the lands in question without further
pressure from the Crown (1422).
th^He?etks On the P etition of tne Quakers, an Act " entituled
Act. Hereticks," and directed against " Quakers, Ranters,
Adamites and such like" was repealed (1060, 1153, 1356,
1362, 1370).
The Governments of Connecticut and Rhode Island
and remained obdurate in their refusal to contribute towards
island, the defence of the frontiers, a burden which lay very heavily
upon the Massachusetts Bay. The Council of Trade more
than once recommended that the Queen should appoint a
Governor over their heads, and were backed by the opinions
of the Law Officers of the Crown (23, 448, 659).
Orders were once more issued from St. James's requiring
these Colonies to send aid to the Massachusetts Bay, but
once more without result (109, 132, 205). As the result
of H.M. reiterated commands, Dudley reported at the
end of the period under review that he had not received
one soldier or one penny from these Charter Governments
xxiv PREFACE.
towards defence (1422). Rhode Island put the matter
off, first by promising to take a muster of the inhabitants,
and then by proposing to discuss the details with
Col. Dudley through Commissioners (1274.xi.-xiii., pp. 445,
587). The Governor and Council, in obedience to the
royal commands (105, 127), renounced their pretensions
to Admiralty jurisdiction, the obnoxious Act having been
repealed (23, 51, 52, 105, 107). But a Commission recently
granted to Capt. Halsey was soon causing further trouble
(p. 445, Nos. 1274, 1274.xv., xvi.). Their defence of
their assumption of the rights of Admiralty is given (1407 .i.).
It is intermingled with many pious protestations and
the most unctuous prayers for the forgiveness of their
accusers. The charges against the two Governments
continued, indeed, to accumulate (701). I^ord Cornbury
forwarded evidence against Connecticut, which he described
as a Nest of Thieves and a Government " peopled with
the spawn of rebellion" (861, 1475/.), and Dudley sent
evidence against Rhode Island (1274, 1424). The
Proprietors of the mortgaged lands in the Narraganset
Country join the chorus of complaint against the injustice
and oppression of the Rhode Islanders (1451 .i.). In general,
it is complained, these Governments acted "as if they
thought themselves out of ye dominions of the Queen,"
and pirates there were in less danger than their prosecutors.
Anti-monarchical principles and opposition to the Church
of England were, indeed, reported to be increasing daily
in the Proprietary Governments and the Massachusetts Bay,
some of the leading men, as Mompesson writes, talking
of shaking off their subjection to the Crown (436).
The consideration of the case against Connecticut and
Rhode Island, after having been frequently deferred,
came before the Privy Council in February, 1705. It was
ordered that the charges should be formulated, and that
the answers of the two Governments should be returned
within six months (856, 862, 975.L, 976.i).
The time allowed had, however, elapsed before the
Order reached the hands of the Government of Rhode
Island (1408). But, upon the report of the Council of
Trade, a general statement of the misfeazances of the
Charter and Proprietary Governments, and of the
PREFACE. XXV
desirabilty of reassuming them to the Crown was ordered
to be laid before the Queen in Council (1525).
Gershom Bulkley's Will and Doom, a pamphlet relating
to grievances in the Colony of Connecticut, of which I
merely give the title, has been printed by the Conn. Hist.
Soc. (Coll. Ill, 80) (644).
Governor Nicholson refers to the habit of com-
against plaining against their Governors, which had lately come
Nichoison. into vogue in the Colonies (930). In the spring of
1704 his own turn came, in the shape of a petition to the
Queen, signed by six members of Council in May, 1703,
against his " arbitrary government and scandalous
example " (226, 247). Mr. Commissary Blair and Robert
Beverley were the leading spirits of the opposition, which
Nicholson and Col. Quary describe as small, factious, and
discredited by their own malice (p. 144). The charges
brought against Nicholson bear a strong resemblance to
those which had been levelled against him in Maryland
(508). He is accused of acting arbitrarily, contrary to
or without the advice of the Council, whom he publicly
abuses ; of browbeating all opposed to his views in the
Assembly, of using " Billingsgate language/' and inter-
posing to promote ill-feeling between the Houses, when
he makes violent speeches, which are not recorded in the
Minutes. In the Courts he hectors the judges, shows
gross partiality to his friends, and tampers with the Grand
Juries and witnesses. His <( haughty, furious and insolent
behaviour " towards gentlemen of the country is said to
be on a par with his profanity and gross immorality with
women, but he has so bribed and terrified the Clergy and
Grand Juries into signing flattering Addresses on his behalf
that he relies upon clearing himself with their aid. He
has invaded the Bishop of lyondon's jurisdiction, and
abused the ecclesiastical jurisdiction entrusted to the
Governor (247, 270-284, 371). In the course of
N andthe n substantiating these charges, Blair tells a very curious
college of story in connection with the College of William and Mary,
William and . ... ^ . ., it j_i
Mary, a story which throws light upon the official, as well as tne
College manners and customs of the day. The form of
barring out the Schoolmaster in order to wrest a holiday
from him, was a custom which remained in vogue in some
xxvi PREFACE.
parts of England within living memory (p. 112). Nicholson
was ordered to reply, and sternly recommended not to visit
his personal resentment upon those who were concerned in
Nichoison/s fl^ complaints (388, 507, 508). His answers began to come
is recalled, in, voluble and indignant. Many of the charges were, as he
asserted, obviously petty, malicious and self-contradictory
(915, 921, 924, 930). But others were of a kind which
called for enquiry at close quarters. His defence was cut
short by a command to answer his accusers at home. The
Order was accompanied by an assurance that he had not
forfeited H.M. favour (1015, 1023, 1039). Nicholson could
justly say that he had found Virginia as he had found
Maryland, in debt and torn by faction ; he could proudly
point to proofs that he left Virginia, as he had left Maryland,
prosperous, solvent, and at peace. The people, except for a
small and noisy faction, he describes as dutiful and loyal
(930).
b^and^Coi ^ e PP s ition had been much encouraged by Robert
Quary. Beverley's letters from England (628jf.). The Assembly
was led by a garbled version sent by him of a report by
Col. Quary always an echo of Nicholson in matters
Virginian to make an Address to the Queen upon it,
without giving that officer an opportunity of explanation
or denial (1277. i., 1399).
Nottsuc r - Rumour was rife first that Col. Parke, then that
ceeds Cover- Lord Orkney was appointed to succeed Governor Nicholson
r son. '-(p. 432). Actually, Col. Edward Nbtt received the post.
With commendable rapidity, he sailed in April, 1705
His tions m " ( 1004 > 1034). His Instructions cover a good deal of new
ground since Nicholson received his. They included careful
regulations for the taking up and settling of land, calculated
to encourage genuine planters rather than land-speculators.
He was also specially directed to consult with the Assembly,
Planters and Custom House Officers with a view to settling
ports for the exclusive lading and unlading of vessels,
similar instructions being given to the Governor of
Maryland (1013, 1016, 1051. L, 1065, 1210, 1210.i., 1316).
N Assembiy he ^ ott arr ived at Williamsburgh on Aug. 12. He vainly
endeavoured to compose the differences of the clergy,
and summoned the Assembly to meet on Oct. 23 (1350,
1351).
PREFACE. xxvii
A Revenue Bill was passed, and then the I,aws, which
had been carefully considered and revised at home, and
which had been brought back by the Governor, were
T B e iii C etc 8y discussed (978, 1513, 1533-1535). Some were passed,
but others, including the Clergy Bill, which had been
much amended, were altered back, the Assembly making
it clear that they would only be content with the original
forms. After a short session, they were adjourned till the
following April. The session had been inaugurated by a
Mary a Sne n g d e disaster - On October 29 the College of William and Mary
destroyed, was burnt to the ground, library, furniture and all (1534).
from^erne ^ P r P sa ^ was made by some Protestants from Berne
to follow the example of the Huguenots of Manikin Town,
and to settle in Virginia or Pennsylvania (633).
Rent-roils. Amongst the records sent home by Governor Nicholson
is a copy of the Rent-rolls of Virginia in 1704 (1277. viii.).
Maryland. Col geymour sailed for Maryland in September, 1703, in
H.M.S. Dreadnought, but he did not reach his government
until April in the following year (343). He set himself
to improve the Militia, which, he found in a "very un-
serviceable state," and dissolved the long-standing Assembly
as soon as they had renewed the Revenue Act (p. 142).
^he k Miiit a d The Council of Trade instructed him to see to it that the
Quakers who would not bear arms, should, as elsewhere,
contribute money or substitutes instead (525). These
instructions were repeated by Order in Council, December
18, 1705, upon further complaints from Governor Nott
as to their refusal to bear any share in the defence of the
Province, " which divers persons who have no foundation
of Religion perceiving, have thereby been induced to
profess themselves Quakers " (p. 265).
Assembly. When the new Assembly met in September, 1704, they
Revisaiof applied themselves to a revisal of the laws (585, 1210).
Seymour reports that he has checked the activities of some
proselytising Jesuits, who, said to be encouraged by the
agents and relatives of the Lord Proprietor, were causing
" greate offence and scandall ... by their slye and
assiduous endeavours to promote their superstition "
(p. 264).
After an interview with the Council of Trade,
Lord Baltimore wrote to curb the zeal of William Hunter
xxviii PREFACE.
and his Society (1508). Their proselytising had already
led to the passing of laws to prevent the growth of Popery,
against which the Roman Catholic community protested
(1530), and which was then modified by another law
P Roman f g ran ^ m them liberty of private worship (p. 552). The
Catholics. Attorney General states the legal position of Romish
priests (1378), and also of Roman Catholics in the
matter of holding lands in the Colonies (403).
In his account of this Session, Governor Seymour refers
the'courf to a ser ^ es ^ misfortunes : the burning of the Court
House and House with the Council Records (1210), repeated dis-
turbances from the neighbouring Indians, and, lastly,
to a plot laid by some rebellious malcontents to join hands
QMke's w * tn tne Indians and seize the government. The ring-
Conspiracy, leader, Richard Clarke, was outlawed, but escaped in a
sloop, to turn pirate, it was thought, along with " severall
other loose idle persons, who are much indebted on account
of protested Bills of Exchange, the epidemicall distemper
this Country now labours under " (1210). Of the other
conspirators, the " Petit Jury, like true Americans,
acquitted all but two." Those two the Governor
" consented to sell to some of the Islands for the country's
good," a surprising form of punishment (1316).
Officers An Act directed against the profits of the Secretaryship,
indicates the growing feeling against the appointment of
Patent Officers by the Crown, to which Col. Quary refers
(785, 1030, p. 284).
eVsode in of A tnr iU m g episode of the sea is told in the narrative
the sea. o f Capt. Richard Johnson (585 .iii.). Captured by the
French and carried into Martinique, he was presently
put on board a ship bound for France. Roused by the
taunts of the master, he, with one other English prisoner
and a boy, rose, surprised the crew, threw the commander
overboard, and brought the vessel into Chesapeke Bay
a prize.
Maryland. A census of Maryland is given (1210.iii.).
The Deference just made to protested Bills of Exchange
* s on ly one indication of the impoverishment of the
Colonies due to the war, and, in the tobacco Colonies, to
the low price of tobacco, arising from the resulting loss
of markets and restriction of trade. The condition of the
PREFACE. XXIX
tobacco trade was, indeed, causing much searching of
heart, more especially as the low prices, restricted markets
and irregular supplies from home were inducing the planters
to turn to other crops and manufactures, which seemed
to threaten the English monopolies. Col. Quary analyses
the situation (pp. 142, 143). For fear the demand for
Colonial tobacco should be still further checked, steps
were taken to prevent the establishment of tobacco-
manufacture in Russia by English merchants (1047, 1069,
1134).
The Quota. j n these circumstances, both Col. Quary and
Governor Nicholson, as well as the Agent of Maryland,
suggest that it would be well to abstain from pressing the
Tobacco Colonies at present to make their required con-
tribution to the defence of the New York frontier. The
Virginian and Pennsylvanian Assemblies were less inclined
than ever to contribute their Quota, and the 300 /. voted
by Maryland had been in some sort conditional on the
contributions of the other Provinces (361, 519, pp. 144,
148).
Surinam. f^e c i a { m o f Jeronimy Clifford against the States General
in connection with his estates in Surinam etc., still
remained unsettled. At the beginning of 1704 his
accounts were referred by Order of Council to a committee
of merchants (78). But it was not till over a year later
that the unfortunate claimant obtained from them a
report in his favour, confirming his assertions of bar-
barous treatment and of substantial sums due to him
(1111, 1127, 1128). These reports were approved at the
Privy Council, and there for the time the matter rests
(1231). In the meanwhile the resources of the unhappy
planter had been exhausted ; he was arrested for debt
and lay in Fleet prison, and would have starved (1082,
1086) but for an allowance from the Treasury.
II.
WEST INDIES.
The r Absent- * n Barbados a peculiar constitutional crisis had arisen,
mg Members, seven members of the Assembly having absented them-
selves from the House with the intention of bringing all
XXX PREFACE.
legislative business to a standstill for lack of a quorum,
and so forcing a dissolution. In their Address to the Queen
they state their case and demand a Commission of Enquiry.
They charge the Governor with receiving presents contrary
to his Instructions, and with other minor offences, which
they fail to substantiate, such as favouring the Jews and
disaffected Scots (570.L, 674, 923, 1063). Nor was this
all. The Governor, Sir Bevil Granville, suspended four
of the Council, whom he accused of fomenting faction by
encouraging the absenting members of the Assembly. The
SuTtnded ^ our Councillors, on the contrary, asserted that they
Councillors, unanimously condemned such conduct ; that the whole
difficulty arose from the introduction of the Bill for raising
standing forces, which not only involved a great tax
upon the inhabitants' time, but was also a device for
putting 3,000/. a year into the Governor's pocket, to
compensate him for the loss of presents from the Assembly
by the recent rule. He was determined, they allege,
to find any excuse for suspending them, in order to pass
that Bill through the Council. And they complain of his
arbitrary and tyrannical procedure, and accuse him of
transgressing his Instructions (431). Sir Bevil, however,
and his Agents represent the matter as the outcome of
factious opposition on the part of a greedy minority who
had seized the management of affairs and used it to repair
their own broken fortunes, when the Government was
being administered by the President and Council, and
when Council, Assembly and the rest of the people were
" employed in quarreling and tearing one another to
pieces" (432, 568). The trick of absence had been used
frequently before the present Governor's arrival (p. 467) ;
on this occasion it was resorted to when the absenting
members had failed to secure the re-appointment of the
Treasurer, and were therefore afraid that the peculations
in which they had been concerned might be brought to
light (656, 839, 1542).
The Governor explained that he had been at length
obliged to make an example of the ringleaders, and that his
action had certainly been justified by events, for both
in the Assembly and the Courts of Justice business was
at last being dispatched smoothly and rapidly (568, 839,
PREFACE. XXXI
1120). An abstract of cases in the Courts provides a
mine of names of litigants in those days (668. i., ii.). After
weighing the evidence, the Council of Trade report, on the
whole, in favour of the Governor ; most of the charges
brought against him are dismissed as not proven ; but
he is blamed for accepting certain sums from the Assembly
in defiance of his Instructions (992). The Secretary,
Alexander Skene, is found guilty of great irregularities
and of exacting extortionate fees, and is ordered to be
prosecuted and suspended from his office till his defence
is made known (591, 657, 658, 1268, 1306, p. 469). The
four suspended Councillors, on making their submission
to the Governor, are to be restored (No. 1267, p. 472).
As to the absenting Assemblymen, the question of
punishing them was raised at the Privy Council (624),
but was dismissed on grounds of general policy (840, 984).
The Council of Trade suggest, as a preventive measure,
the return to a smaller quorum the number having been
raised to 15 by an Order of Assembly, which was declared
by the Law Officers of the Crown to be irregular (623, 840).
It was left to the Government of Barbados to provide a
remedy against a repetition of similar obstruction (1267).
Meantime complaints had continued to come to hand
justice, as to delays in the administration of justice in cases where
Members of Council or Judges were themselves concerned
(134, 180). Directions were sent to the Governor to
suspend any Judge or Councillor who should cause such
obstruction (169, 170, 185), directions which were presently
repeated upon the occasion of similar complaints (441,
623, 1029). The Council of Trade drew attention to the
growing abuse by which the place of Councillor in the
Plantations was being sought at home as a means of escape
from justice, and in the Instructions drawn up for the
Governor of Virginia, special directions are given in order
that Members of Council should not shelter themselves
behind their privileges (623, p. 492).
Amongst the ringleaders, of whom Sir Bevil had made
an example, were Chilton, the Attorney General, and
Islington, one of the suspended Councillors. They were
tried by a packed jury, as was said, and found " guilty of
high misdemeanours" (1196, 1368.L). Upon the latter's
xxxii PREFACE.
appeal, his heavy fine was remitted, and enquiry ordered
to be made into his case (1387.1., 1405). This Order was
annulled in December, when he was granted leave to
make a fresh appeal (1483, 1484).
Defence. cd. L,illey's trenchant criticism of the defences of the
island (1167, 1167.1.) bear out Sir Bevil's statement that
the President and Council had been so occupied with
party faction that the fortifications had been allowed
to go to ruin (1167.1.). To the same cause is ascribed
one of the reasons alleged by Codrington for the failure of
the expedition to Guadeloupe, the omission of the
Government of Barbados to send him timely notice of the
arrival of Commodore Walker's fleet (74, 299, 300, 568).
But whilst Militia service was unpopular and inadequate,
and the island lay open to invasion, French privateers
infested the seas. Once more the request was made for
more and better men-of-war to protect trade (1167.i.,
348, p. 254), whilst a petition was forwarded for some
sSte r of S th d e re u ^ ar troops to relieve the planters from the necessity
planters, of self-defence (756). They urge that the island is being
depopulated and that the inhabitants are in a fair way to
be ruined, thanks to the war and the heavy duties upon
sugar. Furthermore, great damage was done to the ship-
ping by a v i o i ent hurricane in September, 1705 (1343).
A Grand Jury deplores the lack of good schools, and
free Educa- proposes that an Act should be passed to provide free
tion for the -
Poor, education for the poor (p. 577).
Bahamas. The Bahamas still lay desolate. But further details
are reported of the revolting cruelty practised by the
Spaniards upon their prisoners when Providence was
taken (1330).
* n Bermuda, as elsewhere, the Colonists were unwilling
Habeas to settle a permanent Revenue, and the Lieutenant-Governor
'dissolved the Assembly when they insisted that it was
their right to appoint a Collector (16, 253). However,
the disputed Revenue Act, which had been passed in
Col. Day's time, and which some of the Assembly declared
to have been for two years only, now received the Royal
Assent as a perpetual Law, no such clause of limitation
appearing upon record (16, 457, 490). On the other hand
an Act which extended the Habeas Corpus Act to the
PREFACE. xxxiii
inhabitants of Bermuda was repealed as infringing the
prerogatives of the Crown, but at the same time
Instructions were given to the Lieutenant-Governor with a
view to securing the liberty of the subject, as had been
done in a like case in Barbados (475, 487, 509 .!.). An Act
to prevent outrages by negroes was also repealed, on the
grounds that the punishment provided was " inhumane
and contrary to all Christian I y aws " (1081). *
Unfortunately for the internal peace of the Island, the
charges brought against the Secretary and Provost Marshal,
Edward Jones, in 1701, were regarded as not sufficiently
proved, and he was restored to his offices upon making
his submission to Col. Bennett (41, 139, 235, 258). His
return was the signal for another outburst of dissension,
and it was not long before he had brought all the business
of the Courts and administration to a standstill, his claim
to act as Clerk of the Council, Assizes and Court of
Chancery, by virtue of his Commission as Secretary, being
met by a flat refusal on the part of the Judges and
Councillors to sit (501, 999, 1009, 1155, 1363, 1365).
^ n enquiry into the causes of the decrease in the amount
of tobacco that was now being grown, produced an
interesting account of the changes in the economic
conditions of the Island (1205 .iii.).
^ S re g ar ds Jamaica, the three Kingston Acts, which
had caused so much searching of heart in 1703, were
' repealed, and Kingston and Port Royal set once more
on an equal footing (63, 83). For his services in securing
^ e P assm f the Revenue Bill, Handasyd was rewarded
with the full Governorship (25, 63, 96). He was instructed
to press the Assembly for absolute provision for quartering
the two Regiments, under penalty of their being recalled
(107, 151, 152). Jamaica, however, was not likely to be
Defence. j e {. defenceless. A demand for a further increase of naval
strength and of the garrison was at once sympathetically
considered (390, 394, 440). In pressing this demand,
the Agents for Jamaica stated that the evil system of
pressing, added to the devastation of the great earthquake
and recent sickness, had so sorely reduced the white
population, that they were scarcely sufficient to defend
themselves against their own negroes (437). The Governor
wt. 2710. c c
xxxv
PREFACE.
repulsed.
Soldiers,
also declared that they were more apprehensive of their
own negroes, who had made a small insurrection, than
of the foreign enemy (p. 224). The Council of Trade
recommended that the frigates despatched to that sta-
tion should be fully manned, in order to avoid pressing
(440).
The rumour of an intended attack in force by the French
fleet did not, however, terrify Handasyd, who was confident
O f giving the enemy a hot reception (348, 739). Frequent
raids by privateers were met with spirit and success by
soldiers and planters, who were determined, in the event
of a greater emergency, not to part with their " beef and
pudding without bloody noses" (71, 164, 400).
H.M.S. Seahorse was lost on the rocks in securing a
privateer (295).
M r gt. John, in a letter to Robert Harley, calls
attention to the hardships of the soldiers serving in
Jamaica (547, 554, 557). Governor Handasyd describes
his regiment at Port Royal and Spanish Town as exposed
to the tropical heat and rains, left to lie upon the guns for
beds and with the " Heavens for their Canopee " (902).
The Assembly, in spite of all pressure, seemed determined
to discourage their defenders. First (April, 1704) they
passed an Act for their subsistence, but with a clause
debarring soldiers from sitting in Assembly (p. 172) ;
then, in September, after denouncing their Governor as
arbitrary, they proposed to make no allowance at all
for the officers, declaring that they had no need of them,
whilst they resolved that no Councillor, Judge, Justice or
Assemblyman should serve in the Militia. This, as
Governor Handasyd observes, would mean that very
shortly they would be officered by Jews and Blacks alone
(739, 754).
As in New York > the Assembly declared that the Council
Assembly, had no power to amend Money Bills ; they endeavoured
to make all officials accountable to the Assembly, and
committed themselves to other proposals, such as voting
by ballot in the Assembly, to which the Council of Trade
took exception, urging men of influence at home to write
to their friends and bid them cease from such irregularities
PREFACE. XXXV
Totterdeii ^ e fi re -brand Totterdell, who led the opposition to
and his the Government, was proceeded against for using seditious
language, and was expelled from the Assembly (356,
p. 172). But he continued to prove troublesome, and the
Governor confesses that his party is a strong one (902, 903).
When the Assembly met again in July, 1705, Handasyd
hoped that he had broken "the factious knott " (1262,
1303), but the Quartering Act again proved a stumbling
block. Handasyd was obliged to pass it in order to save
the soldiers* lives, although it contained such clauses tacked
on to it as compelled him to recommend its repeal. One
such clause excluded all foreigners from serving in civil
employments or the Militia, " by which severall Scotch,
Dutch and French gentlemen, who have served in both
capacities these 20 years, and are as substantiall men as
any in the island, and as good subjects to H.M., are made
incapable of both services, which is a great discouragement
to Forreigners settling here, where white people are so
Exports andtnuch wa nted " (1459). The need of settlers is again
need of . ^ . y ~ P . .
Settlers, referred to in an estimate of the exports from Jamaica in
1704, which sets their value at over half a million a sum
which might be increased " to at least five times this value,
if there were a sufficient number of white men to carry
on the planting " (36).
^ e *^ ea ^ appointing a Governor over the English
settlers and logwood-cutters in the Gulf of Campeche, in
order to claim that territory when peace should be
negotiated, was advanced by Handasyd (164.ii.), but
was not regarded as feasible during the stress of
Marlborough's campaigns on the Continent (293).
Th isk e nds ard Writing from Antigua, Col. Codrington enlarged further
Coi. upon the failure of the expedition to Guadeloupe (74)
a '[see C.5.P., 1703]. He plumed himself much on his
services in obtaining an Act for settling the Courts in
Antigua, of which he says that ' ' it is a much better Act of
Courts than is anywhere in the Indys, or perhaps anywhere
else " (135, 148, 158, 296). It was not, however, thought
fit to be confirmed (1420).
His successor, Sir William Mathew, had hardly time
to do more than send a review of the islands and to ask
for some guns and another frigate, before he died
xxxvi PREFACE.
(544, 874). Codrington at once applied to be reappointed to
the Government, and his application was supported by the
Council of Trade (95, 705, 933, 942). Unfortunately, as
Coi. Parke. ev ents were to prove, Col. Parke was appointed, as
a reward for bringing the good tidings of Blenheim to
his Sovereign (980, 1113). He had been spoken of as the
new Governor for Virginia, but had asked for it some hours
too late (p. 432). In the meantime the Government
devolved upon the lyieut.-Governor, Johnson, who
turned his attention with great zeal to the defences of
Nevis (711, 1344). But at St. Kitts he could not persuade
" the unaccountable people " of that island either to make
new fortifications or to repair the old (1215).
Defence. yet the proper defence of the islands was urgent.
Col. Parke insisted that the number of soldiers ought to be
made up to at least 500, and the Council of Trade gave
their opinion that the islands could not be safe with less
(1141, 1157). But here as elsewhere the soldiers of the
garrison were treated as pawns in the game of local politics,
and St. Kitts refused to provide them with quarters (1281).
As in the case of Jamaica, the Council of Trade threatened
their withdrawal (1419). Not that the presence of the
enemy was unfelt. No less than 36 privateers were
reported to windward, so that it " was morally impossible
for any ship to escape them " (969).
Th p e an r of ch Echoes of the capture of the French part of St. Kitts
st. Kitts. occur in references to the question as to the legality of
levying the 4j per cent* on exports from that territory. An
order to levy that duty was issued under the Great Seal
(4, 24, 26, 54). When the Lieutenant-Governor refused
to pass an Act of the Assembly which subjected the
inhabitants of the newly conquered territory to taxation
without representation, and at the same time infringed
the prerogative of the Crown, the Assembly immediately
retorted by turning the soldiers of the garrison out of their
quarters (1345, 1346). By a court martial at Martinique
M. de Gennes was found guilty of flagrant cowardice in
having surrendered to Col. Codrington without striking a
blow (1025 .i.).
Although, owing to the capture of H.M.S. Coventry and
some of the ships under her convoy by the French, the
PREFACE. XXXV11
Board of Trade received no replies to their enquiries from
the Commodore of the Fishery (292.L, 511, 719), the
history of Newfoundland is fuller these years than in
many previous ones. It is mainly a history of successful
French raids and of the decay of the fishing industry.
This decay was due, according to some practical observers,
in part to French aggression and hostile tariffs, but in
part also to Scotch competition and the debauching of the
inhabitants by the Americans (1373).
Mut t e yof Goaded to desperation by their long hardships and
Garrison, the ill-treatment and impositions of their Captain, Thomas
Lloyd, the garrison at St. Johns petitioned the Commodore
Suspended 1 to sus P en d n i m an d send him home with their petition
to be relieved, under threats of wholesale desertion (596.1.).
Capt. Bridge consented, and appointed in his stead
Lieut. Moody, who had also signed the petition (596. vii.,
598). The complaints of the soldiers were supported
by a petition from some of the inhabitants (606). Lloyd
in his defence ascribed the mutiny to the intrigues of
Lieut. Moody and the bibulous Minister, Mr. Jackson.
Capt. Bridge supported him (704, 753). The Council of
Trade found the charges not proven, and recommended the
relief of the garrison and the recall of Mr. Jackson (812,
790, 907, 1373). Whatever the truth as to Lloyd's
behaviour may have been, and it is rendered more
difficult to extract it, owing to the readiness of many of
the inhabitants to sign and to recant affidavits when in
a state of terror or intoxication Lloyd soon gained the
ear of Ministers at home . He and others eagerly represented
ex r editk>i ^at Placentia must be taken : that Admiral Gray den, if
against he had assaulted it last year, would certainly have
succeeded ; and that with 500 soldiers Lloyd himself
would easily reduce it, provided they were despatched
with secrecy and by July, 1705 (69, 626, 967). The idea
was taken up. But whilst preparations were being made,
news arrived that the French had struck the blow, which
had long been dreaded (2, 1056). A combined force of
T sur F ri S n e Ch French and Canadian Indians, under M. Subercasse, had
st. Johns, surprised the harbour of St. Johns and laid siege to the
Fort. It is evident that no watch was kept either in the
Fort or the Harbour, partly owing to a squabble between
xxxviii PREFACE.
Lieut. Moody and the inhabitants as to their doing duty,
partly owing to such want of discipline as is indicated by
the fact that the guns were covered with snow and that
the enemy were discovered by a tippling soldier. But,
however lax in taking precautions, Moody proved brave
in action, and after a half-hearted siege of five weeks
the enemy retired with loss, the Canadians and Indians
continuing their march of devastation and bloodshed as
far north as Bonavista (1056, 1206, 1242). There was
some suspicion of treachery on the part of some of the
inhabitants, who, in their turn, accused Moody of extorting
extravagant prices from them for provisions supplied to
them in the Fort during the siege (1185, 1187, 1192, 1242).
Fresh raids were made in the summer and autumn on the
remaining English settlements by the French and Indians
from Canada. Prisoners were barbarously murdered,
hostages carried off from Bonavista as security for a
ransom, and the country generally was reduced to a
deplorable condition (1379, 1472). Meanwhile the mer-
chants concerned had at once petitioned for reinforcements
^Tmti f a r to be sent ( 1207 )> and the wise project of establishing a
Militia was mooted among other proposals (1218.i.), and
backed by the Council of Trade (1241).
B a|a?nst n Jt was determined to retaliate by sending an expedition
piacentia. o f 460 men against the French settlements and especially
Placentia. It was decided that the Commodore should
no longer command the land forces when at Newfoundland
(1032 .i., 1147). Capt. Lloyd was appointed to the com-
mand, and he received his instructions in August (1228,
1326). The expedition was to be conducted with all
imaginable secrecy (1328). But owing to great delay in
starting, Lloyd did not arrive at Newfoundland till November,
a delay which he had warned Ministers might be fatal to
his projects (1339, p. 640). His arrival with reinforcements
was at any rate welcome to the inhabitants, who received
him with joy, and explained in an Address of thanks to the
Queen that a previous petition in favour of Lieut. Moody
had been forced from them (1457).
A French prisoner mentions incidentally that the French
explorers had found their way from Canada to the South
Sea (315. i.).
PREFACE. XXXI X
^ " Professor of Phisick and Chemistry" applied for a
the virgin Charter to settle Tobago, Trinidad and the Virgin Islands,
offering as a quid pro quo to endow a college on the former,
and to found a hospital near London for infants and
men invalided in the service (123).
" lyords of the Cabinet Council " is used apparently
to indicate the Committee of the Privy Council (1218.1.).
The " several Colonies in the Plantations " is a phrase
which shows how dominant was the term " Plantations "
in the sense in which we should now use " Colonies " or
" Empire " (1322). " I will endeavour to do some for
him " might be mistaken for a modern Americanism
(1351).
terms 11 Amongst Governor Nicholson's correspondence are to
be found early instances of two Indian terms, matchicomico ,
an Indian durbar (p. 416), and huskanared, a word used
in connection with the native ceremonies of initiation
into manhood (p. 432).
J/hJxvmfh That the difficulties of travelling experienced by many
century. Governors were not confined to the Plantations, is shown
by Mr. Jenings of Virginia, who, in the depths of winter,
was obliged to wait for over a fortnight before he could
secure a place in a coach from London to York (124).
K ReSSSs 0f In k* s Instructions, Governor Nott is directed to see
to it that the Records of Virginia are well and carefully
kept. The instruction was necessary, if we may judge
by Mr. Usher's account of the destruction of records in
New Hampshire, and the confession from the Leeward
Islands that " wee cannot preserve our Records so
authentick as wee would, by reason of the vermine and
other casualties " (pp. 53, 523).
These natural drawbacks were added to by the difficulty
of getting clerical and official work done by poorly paid
Deputy-Secretaries in the absence of the holders of Patent
Offices (316, 860). An instance of the haphazard way in
which justice was sometimes administered in the Colonial
Courts is supplied by Lord Cornbury, who, in applying
for a Statute-book, confesses that his own copy carried
him no further than the reign of Charles II. In any case
confusion was likely to occur when no record was kept in
the Secretary's Office or the Council Books as to whether
xl PREFACE.
Acts had been confirmed or repealed (pp. 193, 387). Such
* a P ses added to the inconvenience of primitive postal
arrangements, and the hazards of the sea (343, 427, 523,
1458, p. 589). Mr. Dummer's service of packet-boats had,
indeed, in spite of occasional captures by the French, proved
successful beyond expectation ; but, in spite of that,
Lord Cornbury had to complain that he had not heard a
syllable from England for seven months (1049, 1374,
p. 564).
A proposal to extend the packet-boat service to
Newfoundland was dismissed as impracticable (1379, 1395,
1409).
l of ^ e J ourna l f th e Council of Trade is now being issued
Trade. as a separate publication. I have, therefore, omitted
the signatures of members to their letters and representa-
tions, their attendances being sufficiently indicated in
the Journal.
CECIL HEADIyAM.
COLONIAL PAPEKS.
1704.
1704.
Jan. 3. 1. Governor Dudley to Mr. Popple. Enclosing, An Act of
Boston. New Hampshire for the supply of forces, Minutes of the Assembly
and Council, etc. Signed, J. Dudley. Endorsed, Reed. April 29,
Bead May 2, 1704. Holograph. 1 p. Enclosed,
1. i. List of fines and forfeitures in New Hampshire, Dec. 1695-
Dec. 1702. Same endorsement. 3 pp.
1. ii. List of Causes tried at the Inferior Court of Common
Pleas holden at Portsmouth, New Hampshire, June, 1702.
Same endorsement. 3 pp.
1. iii. List of Causes entered at the Superior Court of New
Hampshire, at Portsmouth, Feb. 170f. Same endorse-
ment. 6 pp.
1. iv. List of Causes entered in H.M. Court of Admiralty in
the Massachusetts Bay, from Aug. 20 to Dec. 1703.
Signed, Tho. Newton, Dep. Jud. Same endorsement.
1 p. [C.O. 5, 863. Nos. 71, 71.i.-iv. ; and (without
enclosures) 5, 911. pp. 251-253.]
Jan. 4. 2. Capt. Richards to Mr. Popple. I am ordered to Holland
London, with my Lord Duke of Marlborow. I can't help giving my opinion,
that if the inhabitants are not obliged to rendezvous at St. John's
and put under direction of the officers, the enemy may improve
the opportunity to dispossess us of those works etc. Signed 9
M. Richards. Endorsed, Reed. Jan. 7, Read March 15, 170f.
Addressed. Sealed. 1 p. Enclosed,
2. i. Capt. Richards to the Council of Trade and Plantations.
According to your Lordships' request, I offer these few
heads, that such orders as shall be thought fitt may be
given so as to oppose any undertaking of the enemy's,
particularly in absence of the Convoys, at which time
should they be assisted with a few hundreds from New
France, the want of the inhabitants' assistance to so
small a garrison may be the loss of the Settlement, such
small works having frequently been carry 'd sword in
hand, in which they may be also favour'd by the snow.
In consideration the French have 3 Companys of 50 men
each, etc., and doe oblige the people from the out harbours
to winter with them at Placentia, and therefore render
themselvs formidable, it may be taken into consideration,
whether the Company and Officers at St. Johns be
sufficient, having severall places to occupy to the seaward,
Wt. 2710. H.T. Ltd. 40Q, Q 1
COLONIAL PAPERS.
1704.
besides ye Fort, notwithstanding which, great part of
the inhabitants both northward and southward can't
be persuaded to joyn with them, the officers wanting
sufficient authority to oblige them. The inhabitants'
houses even at St. Johns are subject to surprize, by
reason that no one work can secure the whole, their
dwellings being straggling and scituation difficult. That
at least may be said of other harbours proposed to be
fortifyed, so that the effect can't be extraordinary,
though the expence may. But if St. Johns be made
the generall place of rendezvous during the warr, the
inhabitants might build store houses under the cannon
of the Port and pallisade them in, the better to secure
them against a surprize. As the New England people
do continue carrying off such number of passengers,
so much to the prejudice of the private and publick
interest, some effectuall means should be found to
prevent ye same. As many of the soldiers have deserted,
and are very disorderly, pretending they ought to be
releived, it will be absolutely necessary to exchange
more or less of them, and for the better maintaining of
order and discipline, that there be power given to the
Commander in Cheif, to try deserters and other capital
criminals. The provisions should include as much
flower and oatmeal as the allowance will afford ; as
the miscarriages of provisions may be the last ill
consequence to such a garrison, it would be very proper
to send by the first ships, and to have half a year's
beforehand. What remains for the artificers to do at
St. Johns, will be compleated next summer, except
what relates to the booming the chain. But as for the
removing the earth in and about the Fort and works,
it must be done by the inhabitants before and after
fishing, which they did, and the better sort was willing
to comply, knowing how much it concerns them. For
the better performance of all orders, that the Commander
in Cheif may in person visitt and make survey of the
works, both at his arrivall and departure, particularly
to secure the wharfe of the south redoubt, its plattformes
etc., the whole to be caulked and tarred etc. In absence
of the Commander in Cheif of the Convoy, orders [to]
be left with the commanding officer on shore for the
time being. If an Engineer be continued for some time
or during the warr, that he may be ordered to visitt
the Harbours proposed to be fortifyed, and make the
survey of the same. Signed, M. Richards. London,
Jan. 3, 1703(4). 3 pp. [C.O. 194, 3. Nos. 11, ll.i. ;
and 195, 3. pp. 266-270.]
Jan. 4. ' 3. Col. Romer to the Council of Trade and Plantations.
Boston. Little progress has been made with the fortifications of Pemaquid
and Piscataqua Biver, H.M. will only be able to depend on
AMERICA AND WEST INDIES.
1704.
the fortifications she orders if she grants very considerable
assistance towards them. Desires leave to return to England
to recover his health and not to be sent to Barbados first. The
Castle [at Boston] being almost finished, I propose to put an
inscription over the gate, for which I beg your Lordships'
approbation. Signed, Wolfgang Romer. Endorsed, Reed. Read
May 18, 1704. French. 2 pp. Enclosed,
3. i. Inscription proposed above. Anno Decimo tertio Regni
Gulielmi tertii Mag. Brit. Fr. et Hib. Regis Invictissimi
hoc Munimentum (ex ejus nomine Wilhelmi Castellum
nuncupatum) fuit inceptum ; Annoy Secundo Regni
Annae Mag. Brit. Fr. et Hib. Reginse Serenissimae
perfectum. Annoy Domini MDCCIII. A tribuno W. W.
Romero etc. constructum. 1 p. [C.O. 5, 863. Nos. 72,
72.1. ; and 5, 911. pp. 298-302.]
Jan. 4. 4, W. Popple to Sir Edward Northey. Enclosing Order of
Whitehall. Councill Dec. 23, etc. The Council of Trade and Plantations
desire your opinion whether H.M. be intituled to the 4J p.c. or
any other duty in that part of St. Christophers. I inclose copy
of a clause in Col. Codrington's Commission relating to lands.
It does not appear to this Board how far he has exercised that
power in respect to the French part of [? that] Island. Your
answer is desired with speed, for that a Commission and
Instructions are preparing for 'a new Governor. [C.O. 153, 8.
pp. 231, 232.]
Jan. 4. 5. W. Popple to Mr. Borret. The Council of Trade and
Whitehall. Plantations desire you to attend Mr. Attorney General with the
[above] letter and to procure his answer with what speed you can.
[C.O. 153, 8. p. 232.]
[Jan. 4.] 6. Nicholas Hallam to the Council of Trade and Plantations.
Refers to Memorial of Dec. 3 on behalf of Mohegan Indians, and
begs for speedy Representation thereon, so that effectual orders
for their relief may be sent by some ships allready at Graves End.
Some small presents from H.M. to the Sachem Owaneko etc.
would be esteemed as an earnest of H.M. favour etc. Signed,
N. Hallam. Endorsed, Reed. Read Jan. 4, 1703(4). 3 pp.
[C.O. 5, 1262. No. 61 ; and 5, 1290. pp. 404-407.*]
Jan. 5. 7. Council of Trade and Plantations to the Queen. Laying
Whitehall, before H.M. the draught of a Commission for Col. William Mathew
to be Governor of the Leeward Carribbee Islands etc. [C.O. 153, 8.
p. 233.]
Jan. 7. 8. W. Popple to Josiah Burchet. The Council of Trade and
Whitehall. Plantations desire to know what directions H.R.H. has given upon
their Report relating to convoys. [C.O. 324, 8. >. 317.]
Jan. 7. 9. Order of Queen in Council. Col. Mathew's Commission
St. James's. [J an . 5] to be prepared for H,M, signature. Signed, John Fovey.
COLONIAL PAPERS.
1704.
Endorsed, Reed. Read Jan. 13, 170}. I p. [0.0. 152, 5. No. 43 ;
and 153, 8. p. 234.]
[Jan. 7.] 10. Copy of Order of Council, Dec. 10. 1696, relating to
allowances for Commissioners sent to survey Naval Stores in
N. England. Signed, W. Bridgman. Endorsed, Reed. 7th, Read
Jan. 13, 170f. 1 p. [C.O. 5, 863. No. 73.]
Jan. 8. 11, Affidavit of Nicholas Hallam [Cf. Dec. 3, 1703]. Three
or four years ago the General Assembly of Connecticut Colony
granted liberty for a township called Colchester, and some time
the last spring this deponent was desired by Capt. Samuel Mason
on behalf of the Mohegan Indians to assist in running the line
between New London North bounds, and the Indian lands called
Mohegan Lands belonging to the Mohegan Indians ; but this
deponent and those who were employed to run the line could
not agree in running the same by reason of variation in the compass
which was best part of a point. This deponent went with some
of the Mohegan Indians down to Norwitch River where the said
Indians shewed him a rock in the said River, saying that was
the bounds between New London and them. When he came to
the said river, (it being a cold snowey day) he met about fifty
or threescore Mohegan Indians, men, women and children in a
very poor and naked condition, many of them crying lamentably,
whereupon he asked them the reason of their being in that
condition, who told him the Governor had been up there that
day and had drove them from their planting land which they
had enjoyed ever since the English came into the country, and
that they were not willing to leave the English unless they were
forced to it. In May last, being present in the said General
Assembly at Hartford, he saw several of the cheif of the Mohegan
Indians there, who said they came to see if they could get their
lands again. Deponent then heard Capt. Daniel Clark, who is
one of the patentees named in Connecticut Charter, declare
publickly on behalf of the said Indians that they were wronged,
and that the said Indian lands had been taken from them contrary
to agreement between the Government of Connecticut Colony
and the said Indians, notwithstanding which the said General
Assembly enlarged New London bounds and ran the same to
Norwitch bounds, which takes in all the lands commonly called
the Mohegan Feild, and this deponent has been very credibly
informed that the abovesaid land granted to Colchester and the
land called the Mohegan Land or Feild is all the land the said
Indians reserved for themselves for hunting and planting, and
that John Prentis, the Surveyor, has laid out of that very land
for the Governour, Minister and some others to the number of
1,6.00 or 1,800 acres, and made a return thereof, and that the
same is recorded. Deponent has heard Ben Unkas, one of the
Mohegan Indian Sachems, say the Governor had wronged him,
and taken his land from him, and that if he the said Sachem
had money he would go for England and make his complaint,
and that there are several English famillies live upon part of the
AMERICA AND WEST INDIES.
1704.
Jan. 8.
Treasury
said Mohegan Lands, who never bought or paid for the said
land, as some of the said Indians has told and informed this
deponent. Signed, Nicholas Hallam. Endorsed, Reed. 8th, Read
Jan. 12, 1703. 1 p. [(7.0. 5, 1262. No. 63; and 5, 1290.
pp. 408-411.]
1 2. Wm. Lowndes to Mr. Popple. Encloses following, which his
Lordship desires you to lay before the said Council of Trade and
hambers. pi an t a tions to the end they may please to transmit to his Lordship
the instances of fact, where any goods have been carryed from H.M.
Plantations to the Dutch, and the commodities of the growth of
Europe suffered tt> be brought to the said Plantations in exchange
from the Dutch contrary to the Acts of Trade. Signed, W.
Lowndes. Endorsed, Reed. Read Jan. 11, 170|. Addressed.
Sealed, f p. Enclosed,
12. i. Commissioners of Customs to the Lord High Treasurer.
Quote Representation of Council of Trade, Oct. 29, 1703.
Pursuant to the laws of this kingdome, we have given
repeated instructions to the Governours and Officers
in all H.M. Plantations, that they permit none of the
enumerated Plantation commodities to be laden or put
on board any ship or vessell, until bond be given with
sufficient sureties to carry the same to England, Wales
or Berwick, or some other of H.M. Plantations, and
that no goods or commodities of the growth, production,
or manufacture of Europe (but such as are by law ex-
cept ed) be imported into any of the said Plantations,
but what shall be shipt and laden in some port or place
of this kingdome, and in ships duly qualifyed both as
to built, property and navigation. And if the Council
of Trade and Plantations will give us the instances of
fact before them where any goods have been carryed
from H.M. Plantations to the Dutch, and the
commodities of the growth of Europe suffered to be
brought to the said Plantations in exchange from the
Dutch, contrary to the Acts of Trade, wee shall from
thence be enabled to ground a charge against the officers
whose duty it was to have prevented the same, and to
give such fresh orders and instructions as may be
effectual for exciting them all to greater diligence in
putting the laws in execution. 1J pp. [C.O. 323, 5.
Nos. 33, 33.L ; and 324, 8. pp. 318-321.]
Jan. 10. 13. Sir Henry Ashhurst to the Council of Trade and Planta-
tions. In reply to letter of Jan. 4. The Goverment of
Connecticott could not have the least notice of Hallam's complaints
and therefore it is impossible I should make any answer from
them. I hope you will not creditt the report without further
information, since it is made by one who hath lately given the
Government a great deal of trouble in bringing an Appeal to
make void a will which hath been acquiesced in 14 years, and
is confirmed but a few days ago by the Lords of the Council. It
COLONIAL PAPERS.
1704.
Jan. 11.
Whitehall.
Jan. 11.
Whitehall.
Jan.. 11.
Bermuda.
is believed there is as little ground for this complaint, and that
it is not a complaint of the Indians any otherwise then encouraged
by some English there upon some ill designe, etc. Signed, Hen.
Ashhurst. Endorsed, Reed. Jan. 12, 170f. Holograph. 1J pp.
[C.O. 5, 1262. No. 62.]
14, Council of Trade and Plantations to the Lord High
Treasurer. Having on Oct. 29 transmitted an account of the
incidental charges of this office, we lay before your Lordship
a further account to Christmas amounting to 147Z. 155. Sd.
Annexed,
14. i. Account referred to. Examined by the Board. [(7.0.
389, 36. pp. 167, 168.]
15. Council of Trade and Plantations to the Lord High
Treasurer. Recommend the petition of the Clerks of the Office
[Cal. 1703, No. 1404] to be exempted from taxes. To have such
large deductions made from their small salaries makes it difficult for
us to find Clerks capable of the service. Propose that the taxes
be placed to the account of incidents as they become due. (The
salaries vary from W. Popple 100Z. taxes 121. 10<s., to Mary
Wright, necessary woman, 30Z., taxes 31 15s.) \C.O. 389, 36.
pp. 169, 170.]
1 6. Lt. Governor Bennett to the Council of Trade and
Plantations. Acknowledges letter of July 28 and duplicates.
Refers to his of Aug. 9. In answer to yours of June 18, 1703,
all care shall be taken to word our Acts accordingly. As for
the Liquor Act passed in Col. Day's time, I have now transmitted
a copy of it under the Seal of the Island, as it stands on Record,
but when I enquired for that which is called the originall Act,
it could not be found, nor any Journals nor Minutes relating to
the same, upon which the Assembly addrest me, that I would
allow them to prepare interrogatories by which the Members of
the Assembly, that were soe att the time of makeing that Act,
might be sworn and examin'd to, for the doing whereof I ordered
a Commission to be directed to three of the Councill to take
their Depositions, copies of which are annexed to the Act now
sent. I strictly examined Mr. Minors, the Secretary, about the
word original being struck out, and the word Record interlin'd
in the copy of that Act transmitted to Col. Day, but he affirms
he remembers nothing of it. I beg your Lordships' pardon for
being so forward in believing the assertions of the Assembly in
the Preamble of that Liquor Act passed by me, but I did not
imagine that they could be wanting in proving what they so
possitively affirm'd, and was seconded by most of the now Council,
and besides that Act was brought me when a ship was seen off
and bound in from the Maderas loaden with wine, which was
another reason that I had not time to search so nicely into matters,
for she paid considerably towards the support of the Govermt.
I should be glad to hear that it were your Lordships' opinions that
the Act passed by Col. Day was an indefinite one, for pursuant
AMERICA AND WEST INDIES.
1704.
to your Lordships' commands and H.M. Instructions I prest
the Assembly to pass a New Revenue Act without limitation,
but all to no purpose, and it's my opinion they never will, for
they were soe far from complying that they sent me by a
Committee an Act determinable in one yeare, and therein
nominated a Collectour to receive what money should arise by
the same, which by my Instructions I am positively commanded
to constitute that Officer, whereupon I sent the Secretary to them
with a copy of that article in my Instructions, but it argued
nothing, they still insisting that it was their undoubted right to
appoint a Collectour or Receivour, and that they could not without
violation of their oathes and the trust reposed in them, relinquish
it, upon which I sent for the Speaker and the House, and told
them I thought it high time to send them home, when they own'd
to have taken an oath to insist on what they knew was contrary
to my Instructions, and accordingly dissolved them. A new
Assembly are to meet next month, but I am satisfyed the major
part of the Members will be the same, and I expect the like
management. My patience with Mr. Larkin and rejecting the
constant sollicitations of the Councill and Country sooner to
have confin'd him, has lessened me extreamly in the opinion of
the people, for what they now so insolently insist on, they never
before (either through respect or awe) ever pretended to mention.
I have been soe continually employ 'd in preparing accounts
concerning him, that it has taken up mine and the Secretary's
whole time etc. I will now take care dilligently to transmitt as
fast as possible authentick copys of all publick proceedings. I
expect Capt. Nelson will by his son complain I deny'd him writts
of error upon proceedings att Common Law after he had appeal'd
to Chancery, and a decree made to confirme the verdict att Law,
a full state of which I'le (if possible by this conveyance) send
to my Brother, who on occasion will attend your Lordships there-
with. Signed, Ben. Bennett. P.S. On Dec. 20 was brought
in a French ship about 200 tuns, 17 men and 6 guns, which was
taken off the Bank of Newfoundland by one Capt. Bale ; she
has nothing on board but about 2,000 bushels of salt and a small
quantity of fish. Endorsed, Reed. June 9, Read July 6, 1704.
Holograph. 4 pp. [C.O. 37, 6. No. 10 ; and 38, 6. pp. 2-7.]
Jan. 12. 17. W. Popple, jr., to Wm. Penn. The Council of Trade and
Whitehall. Plantations enclose an extract of a letter from Sir T. Lawrence,
Oct. 25, 1703 (q.v.) relating to the disorderly behaviour of some
Quakers of Pennsylvania in Maryland, " that you may take care
to give such directions that they do not by such proceedings
any more disturb the neighbouring Provinces." [C.O. 5, 1290.
pp. 407, 408.]
Jan. 12. 18. Governor Sir B. Granville to [? the Earl of Nottingham].
Barbados. Acknowledges receipt of letters etc. Signed, Bevill Granville.
Endorsed, R. March 30, 170|. Holograph. 2 pp. [C.O. 28, 38.
No. 20.]
COLONIAL PAPERS.
1704.
Jan. 12.
Barbados.
Jan. 12.
Barbados.
Jan. 12.
Jan. 13.
Whitehall.
19. Governor Sir B. Granville to the Council of Trade and
Plantations. The West India pacquet boat arrived the 9th
inst. and brought me your Lordships' letters of Oct. 28 and
Nov. 24. I shall very carefully observe all your directions etc.
I have employ'd Capt. Hayes as Ingenier, and made use of him
about the fortifications : I find him very well qualify'd and
very industrious, and being upon the place and season'd to the
country I doe humbly recommend him to be put upon the
establishment here in the room of Capt. Sherrard deed. I cannot
get in time to send now a particular account of the number,
lading and value of the prizes, but shall send it by the very next
conveniency. I have never taken into my hands any prize
that has been brought in here, nor meddled with the produce ;
they have all bin tryed before the Court of Admiralty and after
condemnation put into the hands of the Marshall and Prize Officer,
who sell them at outcry. The Receiver of the Queen's Casual
Revenue takes care of H.M. share, and H.R.H. Patent to me as
Vice-Admiral directs me to receive all his dues whatsoever, and
to be accountable if required. There did an Act passe here in
my Lord Grey's time which gave away all to the captors, but
it is my opinion that without H.M. own consent nothing that
is due to her can be taken away, since my time therefore no regard
has bin had to that Act, but all proceedings in the Court of
Admiralty have bin pursuant to H.M. declaration. No orders
are come yet about the payment of the Gunners, if the next
packet should not bring them, those people will be in a poor
condition. The want of a new commission for the tryal of pirates
was no apprehension of my own, but the opinion of the Lawyers,
who still persist in it, as your Lordships will see by the enclosed.
Signed, Bevill Granville. Endorsed, Reed. March 30, Read
31st, 1704. Holograph. 4| pp. Enclosed,
19. i. Report of the Solicitor and Attorney General of
Barbados that H.E. not having received the Commission
for trying pirates there, no prosecution could take place.
Signed, E. [Chilton], W. [Rawlin]. Endorsed as
preceding. 1J pp. [C.O. 28, 7. Nos. 11, ll.i. ; and
29, 8. pp. 420-422.]
20. A. Skene to Wm. Popple. H.E. directed me to send
you over duplicates of the Minutes of Councill May 11 to Sept. 28 ;
and also the last three months' Minutes, but not being able to
compleat them before the sailing of the packet, I have only sent
the duplicate of the others, the Acts and the whole Proceedings
relating to Capt. Gillingan, the which I had particular direction
for. Signed, A. Skene. Endorsed as preceding. Sealed. Addressed.
Postmark. 1 p. [C.O. 28, 7. No. 12 ; and 29, 8. p. 423.]
21. Mr. Bridger's Account of the money received by him
during his stay in New England. Signed, J. Bridger. Endorsed,
Reed. Read Jan. 13, 170|. f p. [C.O. 5, 863. No. 74.]
22. Council of Trade and Plantations to the Lords Proprietors
of Carolina. In answer to yours of Nov. 16, we desire you to
AMERICA AND WEST INDIES. 9
1704.
inform us what forts, guns and ammunition are there, and in
what posture of defence that country is, in case the enemy may
make any attempt upon it, as likewise in what particulars your
Lordships desire our concurrence in obtaining H.M. assistance.
[(7.0. 5, 1290. p. 412.]
Jan. 13. 23. Council of Trade and Plantations to the Queen. Having
Whitehall, formerly laid before your Majesty the great irregularities daily
practized in the Proprietary Colony of Rhode Island and
Providence Plantation, we humbly take leave to repeat, that
the Governour and Company of the said Colony have refused
to submit to your Majesty's Commands relating to their Militia,
during the time of war, when required and pressed to do it, in
your Majesty's name, by Coll. Dudley your Majesty's Governour
of the Massachusetts Bay ; that they have declined to transmit
authentic copies of the Acts of their Assemblies, or Laws, and at
length, (vizt. May 27, 1699) sent only a very imperfect abstract
thereof till that time and none since, tho the inspection of such
laws in order to your Majesty's approbation or disallowance, as
is practized in all Plantations under your Majesty's immediate
Government, be more especially there necessary ; that they have
harboured pirates, incouraged illegal traders, admitted and
protected soldiers that had deserted, and fugitive servants from
the neighbouring Plantations ; that for carrying on illegal practices
in matters of Trade and Navigation they have erected an
Admiralty Jurisdiction amongst themselves without any
authority, and refused to yeild obedience to the Courts and
Officers vested by H.R.H. the Lord High Admiral with due
authority for the tryal of marine and other causes appertaining
to such Courts in those parts, and have not permitted the Collector
and Receiver on behalf of H.R.H. to have anything to do therein,
particularly in the case of a ship of 5,0001. value carryed in thither
by a Boston privateer. Upon which subject we humbly lay before
your Majesty the abstract of one of their said Acts, asserting
their pretended right of Admiralty Jurisdiction, whereupon having
consulted your Majesty's Attorney General in point of law, we
humbly offer that by the acknowledgement of the Act itself no
such authority having been granted them by their Charter, and
the said Act being only provisional untill his late Majesty's pleasure
(or the pleasure of the Crown) should be further known, your
Majesty would please by the declaration of your royal pleasure
to determine and disannull the same, and further to direct a
letter to be prepared for your royal signature wherein the
Governour and Company of that Colony may be required to submit
to the Court of Admiralty constituted by H.R.H. in those parts,
and to the powers of Vice Admiralty vested in Coll. Dudley,
and that your Majesty would be pleased strictly to forbid them
to assume to themselves the power of erecting any such Court,
with intimation that if they make any the like attempts for the
future your Majesty will direct they shall be prosecuted to the
utmost rigour of the Law. And forasmuch as upon the like
complaints of misdemeanours to his late Majesty, Sir Edward Ward
10
COLONIAL PAPERS.
1704.
Jan. 13.
Whitehall.
Jan. 13.
Whitehall.
and Sir Thomas Trevor, the Attorney and Sollicitor General,
did report their opinion that H. M . in case of extraordinary exigency
happening to arise thro the default or neglect of any Proprietor to
protect or defend the said Province and the inhabitants thereof
in times of war, or imminent danger, H.M. might constitute a
Governor of the said Province, for the protection and preservation
thereof, and of his subjects there : we do humbly represent that
the people of Rhode Island do still continue in their refractory
proceedings to the great detriment of legal trade and incourage-
ment of piratical and disorderly practices. We do not see how
a present stop can be put to these great irregularities better than
by commissionating Coll. Dudley, your Majesty's Governour of
the Massachusetts Bay, to be likewise Governour of Rhode Island
and Providence Plantation during the war, according to the
opinion of your Majesty's learned Councill aforesaid. [(7.0. 5,
1290. pp. 413-416.]
24. Attorney General to the Council of Trade and Plantations.
I have considered of the Presentment of the Commissioners of
H.M. Customes [see Jan. 4], and also of the extract out of Coll.
Codrington's Instructions, and am of opinion, that those
Instructions are not material in any sort to the matter contained
in the Presentment, it being only a power to lett or dispose of
lands ; as to the Presentment, I am of opinion that the officers
of the English part of St. Christopher's had no authority by
virtue of the Plantation Act made there for the 4J per cent, on
goods, to levye the same for goods exported from that part of
St. Christophers lately gained by conquest from the French,
that law extending only to such part of St. Christophers as belonged
to the Crown of England when that law was made, but H.M.
may, if she shall be so pleased, under her great Seale of England
direct and command that the like duty be levyed for goods to be
exported from the conquered part, and that command will be a
law there, H.M. by her prerogative being enabled to make laws
that will bind places obtained by conquest, and all that shall
inhabit therein. Signed, Edwd. Northey. Endorsed, Reed. Read
Jan. 14, 170|. 1 p. \C.O. 152, 5. No. 44; and 153, 8. pp.
235, 236.]
25. Council of Trade and Plantations to the Queen. Refer
to recent Representation on the disorders in the Assembly of
Jamaica, whereby the renewing of the Laws is impeded, particularly
the Act of the Revenue, which is near expiring. Repeat gist of
Representation to his late Majesty [Cat. A. and W.I., 1701. No. 67,
etc. q.v\. Continue : But whereas they have all this while
neglected to avail themselves of your Royal favour, as of the
condescension of his late Majesty herein, by not complying with
the frequent admonitions given them by the Earl of Inchiquin
and afterwards by Sir William Beeston, and now lately by Col.
Handasyd, pursuant to your Majesty's Instructions ; and the
approaching term of the temporary Act past in 1683 making it
necessary for your Majesty speedily to declare your Royal pleasure
AMERICA AND WEST INDIES. 11
1704.
upon the perpetual Act past by the Duke of Albemarle, lest
otherwise the granting of the Revenue for the support of the
Government of that Island should become precarious, we humbly
offer that your Majesty would please to confirm the said Perpetual
Act, with directions to your Majesty's Lt. Governor or the
Commander in Chief for the time being not to publish or put
the same in execution in case the Assembly of Jamaica, which
shall be sitting or may be called immediately upon the receipt
of the Declaration of your Majesty's pleasure and confirmation of
the said Act, shall before Nov. 1 next pass another Act to the
same purport and altogether conformable to the Act of 1683,
to continue likewise in force for 21 years, the L.G. likewise
acquainting them with your Majesty's pleasure and assuring them
in your Majesty's name that in case of their due complyance your
Majesty will be graciously pleased to continue for 21 years longer
your Royal Confirmation of all the other Laws of that Island
formerly confirmed for the said term of 21 years, which will
likewise expire Nov. 1. But if it shall so happen that the Assembly
do not accept of your Grace and favour herein, the L.G. or C. in C.
be strictly directed and required to cause Publication to be forth-
with made of your Majesty's Confirmation of the said perpetual
Act for raising a Publick Revenue for the support of the
Government of that Island and take care that the said Act be
accordingly put in execution. [(7.0. 138, 11. pp. 102-106.]
Jan. 14. 26. Council of Trade and Plantations to the Queen. Refer
Whitehall, to Order in Council Dec. 23, and Attorney General's Report,
Jan. 13, relating to the 4J p.c. in St. Kitts, and recommend that
the Great Seal of England be forthwith signified to the Governor.
[C.O. 153, 8. pp. 236-238.]
Jan. 14. 27. Governor Lord Cornbury to the Council of Trade and
Plantations. Hoping that this may still reach H.M.S. Centurion
before she sails from Boston, I take the liberty hereby to acquaint
your Lordships with what has pass'd in New Jersey, at the
meeting of the General Assembly of that Province, which according
to H.M. commands, in her Instructions to me, met for the first
time at Perth Amboy, in the Eastern division of New Jersey.
The qualification prescribed in my Instructions for the persons
who are to elect, and to be elected, will not be advantagious
for that Province, and I am persuaded the persons that proposed
that regulation did not intend the good of the country ; the effects
that have attended that way of electing (for I did take care that
the Queen's commands should be obeyed) are (1) several persons
very well qualified to serve could not be elected, because they
had not 1,000 acres of land, though at the same time they had
twice the value of that land, in money or goods, they being trading
men ; on the other hand, some were chosen because they have
1,000 acres of land and at the same time have not 20s. in money,
drive no trade and can neither read nor write, nay they cannot
answer a question that is asked them, of this sort we have two
in the Assembly ; the next inconveniency that the people complain
12 COLONIAL PAPERS.
1704.
of, in this way of electing is, that there being ten members to be
chosen for each division, it may so happen that all the ten may be
dwellers in one county, and the more likely to be so because the
election is made but in one county, and though the election has
been appointed as near as could be in the center of each division,
yet a very great number of people could not come to the election,
because some had above 100 miles to travel, others were afraid
of the charge, espetially the roads being very bad in most places
where any are made. These inconveniences may all be prevented
if H.M. will alter the qualifications of the persons chusing, and
to be chosen, and the method of chusing ; I believe it would tend
very much to the service of H.M., and would be a general
satisfaction to the country, indeed to everybody, except some
few persons who have a mind to oppress the people. The
Assembly met at Amboy, Oct. 10, I then recommended to them
the settling a Revenue for the support of the Government, the
settling the Militia, the passing an Act to settle and confirm the
estates of all Proprietors and Purchasers of lands ; accordingly
they did prepare a Bill under the [latter'] title, how far that Bill
would have answered the title of it, will best appear by the Bill
it's self enclosed. It is enacted that this confirmation shall be
an effectual title in the law for the said proprietors and purchasers,
their heirs and assigns, etc. ; as soon as this Bill had been read once
by the Council, several persons petition'd to be heard by their
Counsel against it, setting forth, that if it passed as it was, great
numbers of people would be divested of their estates, in which
they thought they had as good a title as the Proprietors, the
first people that came to be heard, were the people of Elizabeth
Town, who set forth that they have a grant of the lands they
possesse from Col. Mcholls, who was the first Governor sent into
these parts by H.R.H. the then Duke of York, and that as this
clause is worded they conceive that they should be divested
of those lands, the case, as it appears to me, stands thus, Col.
Nicholls coming into these parts, found the people of New York
refractory and not inclinable to submit to him, but found the
people of Elizabeth Town ready to obey his orders in all things,
by which means the people of New York became more tractable
and did submit, Col. Nicholls thought himself obliged to do
something for the people of Elizabeth Town, that might be a
reward for their fidelity, and upon that consideration granted
them the lands they now hold, indeed it doe appear that H.R.H.
the then Duke of York did grant unto my Lord Berkley and
Sir George Carteret all that tract of land known by the name of
New Jersey, and the Duke's grant bears date a month or six weeks
before Col. Nicholls's grant, upon this the present Proprietors
pretend that Col. Nicholls's grant is void, and that the people
of Elizabeth Town shall hold their lands of them under the same
quit-rents which they have from other persons to whom they have
sold lands since, on the other hand the people of Elizabeth Town
insist that Colonel Nicholls's grant to them is good, because
(they say) he had power from the Duke to grant, and that his
grant was made before he could know that the Duke had granted,
AMERICA AND WEST INDIES. 13
1704.
they further insisted that if a grant of that nature is set aside,
it will not be safe for any man to make any improvement upon
any land obtained by grant from any Governor in these parts,
nor to purchase any lands from any trustee, agent or attorney
for any person in England, they say, they ought to pay their
quit-rent to the Crown, if the Queen is willing to give that to the
Proprietors, they are willing to pay to them, but insist they ought
to pay no more quit-rent than was reserved in Nicholls's patents.
The next are the people of Woodbridge, who say that they had
a Charter granted to them by Phillip Carteret, who was the first
Gouvernor sent over by my Lord Berkley and Sir George Carteret,
and they say that this clause will overthrow that Charter, indeed
I have seen the Charter and do think that it overthrows it's self.
The next clause enacts that all and every such parts, shares etc.
survey 'd, taken up, etc. to all and every of the Proprietors and
Purchasers within the said Western Division, is and shall for
ever be assured, ratified and confirmed unto the respective
Proprietors etc. The next clause enacts that this present
confirmation is hereby declared a full title in the law for the several
and respective Proprietors, Purchasers, etc. (and afterwards
enacts that) all other Proprietors, Purchasers etc. who have as
yet neglected to take up their respective shares and proportions,
shall be obliged to take their equal proportions out of the lands
remaining, etc. notwithstanding of their or any of them being
joint tenants, or any other cause. These two last clauses are
very unjust in themselves, for they are contrived both for the
same ends, first to confirm the injuries some people here have
done to others in England, by making that good in law, which
is not so in it self, and then by a law to oblige the people injured
to be content with the injuries they have receiv'd, that these
would be the consequence of these two clauses will appear very
plain, if your Lordships are pleased to consider that the present
Proprietors of the Western Division of New Jersey, by their
purchase from my Lord Berkley, are tenants in common, now
here is a clause to break that tenancy in common with respect
to those Gentlemen in England who have not yet thought fit to
come into America themselves, nor to send any Agent to take
up their shares, and that without their knowledge, the truth of
the matter is, that those Proprietors who are come hither have
taken up all the best of the land, and that which lies most
convenient for Trade, soe that those in England must be content,
(if this Bill had passed) to take their shares in the mountains.
This I did not think at all reasonable, and endeavoured as much
as I could, with those persons who I thought had the most interest
among the Members of the Assembly and Council, to convince
them of the unreasonableness of that Bill as it then stood, I
told them several of the objections I had to it, that they might get
them amended before the Bill came to me, but as it was contrived
to answer private ends, it was impossible to get them to depart
from those clauses. The next clause enacts that all shares,
parts, proportions etc. that have been designed, released, granted
etc. since Feb. 2, 1682, within the Eastern Division of New Jersey
14 COLONIAL PAPERS.
1704.
etc. is hereby declared a good title in the law, notwithstanding
the want of form or any other matter, so that if one man's estate
has been conveyed away to another (as I am afraid it has been
done) why that conveyance was to be confirmed, and made valid
in law, as well as many others, without ever producing one, to
shew the necessity of such a clause. By another clause, it is
enacted, that all and every particular tract of land formerly
granted by my Lord Berkley and Sir George Carteret, or by
their Governors and Council of New Jersey, under the Common
Seal thereof, or by their agents or attornies, conform to the powers,
concessions and instructions to them given by the said John
Lord Berkley or Sir George Carteret, or either of them, are hereby
ratified, assured and confirmed to each and every of the respective
grantees etc. This clause at first sight seems to carry a fair
face, but is in reality a very ill clause, it seems to confirm to the
grantees their estates, but then it is only such as have been granted
conform to the powers, concessions and instructions given by
my Lork Berkley and Sir George Carteret, or either of them, to
their Governors, and everybody here knows that those Governors
never acquainted the people what their powers were, only publish'd
their commissions, so that those persons who purchas'd from
those Governors are now to be divested of the lands they have
honestly paid for, and have improved with great expence, labour
and industry, (unless they will purchase them again from the
present Proprietors) because their grants or conveyances are
not conform to the powers, concessions and instructions given
by my Lord Berkley and Sir George Carteret, or one of them
(which indeed very few of the grants are), but at the same time
the purchasers knew nothing at all of those instructions, nor
what they contain'd, if they had, it is reasonable to beleive they
would have conformed themselves to them, because it is very
natural for every man to desire as good a title to the estate he
purchases as he can. Another clause is to empower the
Proprietors, jointly or severally, by themselves, or their Receiver
General, or their agents, attornies or servants, to make distress
for non-payment of quit-rent, and this is to be done by them
or their servants, without taking any notice of any magistrate,
or any Officer in the Government, but because they were told
that was carry ed a little too far, the next clause is to qualify it,
and there it is enacted that all the respective sheriffs and
Constables shall for ever hereafter (being required thereto by
the said Proprietors etc.) be aiding and assisting to make such
distress as aforesaid, and this is to be done by the sheriffs or
constables without any warrant from any J.P., or anybody else,
but ex officio, and at the request of any servant of a Proprietor
when perhaps his master may know nothing of the matter.
Another clause enacts that all tracts of land belonging to persons
beyond the seas, or within any of the neighbouring Colonies,
which have been sold by their agents or attornies, since the first
day of Feb., 1682, by virtue of letters of agency or of attorney,
such sales are declared good, sufficient ; this, I confess, is a very
necessary clause for some people as the case stands, for great
AMERICA AND WEST INDIES. 15
1704.
tracts of land have been sold by agents without the knowledge
and contrary to the interest of the owners, and sometimes contrary
to their directions, so that if there is not some clause of this nature,
now that the law begins to take its proper course, the right owners
may recover their own again, which will be no small loss to some
persons here, who have been agents for persons in England, and
have combined with other persons here, to cheat and defraud
their employers. Thus I have gone through the several clauses
of the Bill, which the Proprietors here were so fully resolved to
have passed, that they were resolved no revenue should be settled,
till that was done ; I often put them in mind of the absolute
necessity of settling a revenue upon H.M. for the support of the
Government, but still the Proprietors' Bill, as they very well
called it, was insisted on ; so seeing there was no good to be done
with them at that time, and the season of the year being far
advanced, on Dec. 13 I adjourned ye Assembly to May 18, 1704,
at which time I hope to find them in better humour ; if not I
must try another Assembly. Signed, Cornbury. Endorsed, Reed.
Jan. 16, Read Feb. 2, 170|. Holograph. 5 pp. Edges torn.
[G.O. 5, 970. No. 15 ; and 5, 994.A. pp. 172-186.]
Jan. 14. 28, Mr. Burchet to Mr. Popple Jr. Enclosing following, in
Admiralty answer to letter of this day's date [? Jan. 7]. Signed, J. Burchett.
Office - Endorsed, Reed. Read Jan. 17, 170f. Enclosed,
28. i. H.R.H. to the Queen. H.M. having directed mee to
report, at what time it may be most proper for the
severall convoys to proceed with the outward bound
Trades, I did thereupon desire the Council of Trade and
Plantations to send for the severall merchants concerned
and to discourse them, and report to me their severall
demands, and they having thereupon represented unto
me what number of ships the aforesaid merchants have
demanded, not only for the convoys to the Trades bound
to the Plantations, but to remain there for their security,
which amounts to 50 ships of war, from 50 to 20 gunns,
and that 10 or 12 of them may be particularly stationed
at Jamaica, for the safety of that Island, I have
considered of the same, and do humbly report unto
H.M., that considering the many occasions there will
certainly be for the service of the ships of those rates
it will be altogeather impossible to furnish so great a
number as the Merchants do demand, nor can it be
known what ships can be spar'd, till it shall be
determined what part of the Fleet may be necessary
to employ in the Channell the approaching year, and
what other remote services may absolutely call for
shipping, the which requires the more speedy
consideration because the Merchants insist upon having
the greatest part of the convoys proceed from hence
by the beginning of Feb. next, and in the meantime
there will be all possible diligence used in the putting
such ships of the Fleet, as are proper for the services
16
COLONIAL PAPERS.
1704.
Jan. 17.
Antigua.
Jan. 17.
Whitehall.
Jan. 17.
Admiralty
Office.
Jan. 18.
Whitehall,
aforementioned, in the best condition that may be.
Signed, George. Copy. I p. [C.O. 323, 5. Nos. 34,
34.L ; and 324, 8. pp. 322-324.]
29. Governor Codrington to [? the Earl of Peterborough]. I
give your Lordsp. my most humble thanks for ye assurance of a
furlow tho I find by my last from Mr. Blathwait I am not so soon
to have ye advantage of it as I coud have wisht. 'Twill not be
proper for a man of a broken constitution to leave this part of ye
world unles it be early in ye Spring, and therefore I have put of
my voyage till ye beginning of ye next year, or if it be H.M.
pleasure and my health will permit me, am willing to serve
H.M. during ye war in this part, tho' it be very uncomfortable
and not at all advantagious, but I have a very considerable
interest here, wch. I wd. willingly defend, and I may say without
vanity, since I have had ye experience of it, yt. ye people will
doe their duty more cheerfully when I am at ye head of them
than under any one else. I shall endeavour, and indeed 'tis my
dayly task to perswade our Planters from going of, for we are
very weak and lyable to continuall insults. I shall also make
them sensible of H.M. great goodnes in designing us a Fleet, and
hope they will not be wanting in taking due care of themselves,
tho' really fear and uncertainty make them half mad, and I find
I have need of all ye addres and circumspection imaginable to
manage their caprice (?), and unite them in proper measures for
their common good. I humbly hope, my Lord, there will be
noe successor thought of for me till I have had ye honour of
kissing H.M. hands, as an affront yt. I most humbly beg leave
to say my faithfull, zealous and expensive services have not
deserved. Signed, Chr. Codrington. Endorsed, R. April 7, 1704,
from ye E. of Peterboro'. Holograph. 2 pp. [C.O. 7, 1. No. 4.]
30. W. Popple, Jr. to Josiah Burchett. Your letter of the
14th instant has been laid' before the Council of Trade and
Plantations who thereupon desire to be informed what convoys
and guard ships H.R.H. has been pleased to appoint for each
Trade and Plantations, and at what times they will be ready to
sayle, which will be of use to their Lordships in their proceedings
with the Merchants here, and in directions they are to give to the
Governours of the said Plantations. [C.O. 324, 8. p. 325.]
31 . Mr. Burchet to Mr. Popple, Jr. In reply to preceding.
All possible care will bee taken for such convoys to the severall
forreign Trades, and for guarding the Plantations, as other
necessary services will admit of, as also in the getting them ready
to proceed at the times the Merchants themselves desire or as
near the same as possibly may be. Signed, J. Burchett. Endorsed,
Reed. Read Jan. 17, 170|. 1 p. [C.O. 323, 5. No. 35 ; and
324, 8. p. 326.]
32. W. Popple, Jr., to W. Lowndes. In answer to yours of the
8th, the Council of Trade transmit abstracts of letters. Their
AMERICA AND WEST INDIES.
17
1704.
Jan. 19.
Antigua.
Jan. 19.
Boston.
Lordships have likewise severall intercepted French letters written
from St. Thomas to some French and Spanish Merchants at St.
Domingo which confirm a correspondence and trade held between
those of St. Thomas and the French and Spanish Plantations.
[C.O. 324, 8. pp. 327, 328.]
33. Governor Codrington to [? William Blathwayt]. Col.
Whetham is very much startled by having heard His [sic] Majesty
is endeavouring to put some officers upon him and these not ye
best in the Regiment. 'Tis his ambition to have a very good
Regiment and well officered, an advantage it very much wanted
when he came to it. I am sure he will recommend none but
men of merit and such as have distinguished themselves in ye
service here, etc. Signed, Chr. Codrington. Endorsed, R. April
11, 1704. Holograph. 2 pp. [C.O. 7, 1. No. 5.]
34, Lt. Gov. Usher to the Council of Trade and Plantations.
My occasions calling me to Boston, did put Capt. Walton to be
Commander of H.M. fort, whose ability and loyalty is well known.
I find Mr. Hincks refuses to deliver the stores, hope things will
be rectified, to speak to Col. Dudley of Hincks on [? or] others
though never soe unfitt for places of trust availes nothing ; I see
no reason for it, but the grant of 160Z. a year while he is Governor.
I hope Hincks, Vaughan and Walderen will be called to account
for seizing the government formerly ; if be, will make the whole
country afraid to oppose authority from the Crown and in truth
there is talk of seizing Gov. Dudley, my study shall be to serve
H.M. and endeavour prosperity of the place. Mr. Partridge
having had 867Z. out of Treasury, Vaughan 527Z., all which humbly
think ought to be repaid ; if be, hope H.M. will consider my four
years former faithful! service, and order me money out thereof ;
for have not been at less expence and charge then 800Z. or 900/.
out of my own estate besides expence of time ; had my habitation
been in New Hampshire, and followed trade as my successor
did, judge might have salved myself. I have desired of Col.
Dudley in case he has any Instructions or Orders from Whitehall
(besides those he had with his Commission) to give them me,
answered he had none, I find I am to be kept in ignorance as to
anything relating to the place or any particular person, he
endeavouring to favour them all that he can. I find Mr.
Partridge could suspend Mr. Jeffery from being of the Councill,
dismiss Mr. Sheafe from Navall Office, and one Mr. Armstrong
put in by my Lord Bellomont, and in there stead make one
Adkinson, a great owner and trader in shipping, Navall Officer,
all this well allowed of ; now myself with the Queen's Commission
must remove none, supply noe vacant places, and grant no
Commissions by itt, have noe power by my Commission ; a
Commission for Mr. Walderen to be Major hath been writt and
sealed these six months, he will not accept. I have desired a
Commission for Major Smith to be Major, that denied, all because
would not offend Waldren and Partridge, so they two at present
govern : I think in case Col, Dudley be absent my Commission
Wt. 2710.
C
18 COLONIAL PAPERS.
1704.
gives me power to put out and put in, if just cause, the which
I am accountable for and thank God never did remove any but
really for service of the Crown and soe fell out those persons,
who I had particular respect for, on account of private friendship,
were the persons displaced ; it's neither freind nor money, ever
shall byas me to act otherwise than I apprehend just and right.
Signed, John Usher. Endorsed, Reed. April 29, Read May 8, 1704.
Addressed,. Sealed. Holograph. 1 p. [(7.0. 5, 863. No. 75;
and 5, 911. pp. 281-283.]
Jan. 19. 35. Lt. Gov. Usher to W. Popple. I acknowledge when in
Charles Town. England I was obliged to yourself and son for many favours ;
when I arrived in New England found them involved in a barbarous
Indian war the like never known, a country divided, Indians
carrying all before them, account of particulars you will have
from living hands. As to Col. Dudley, a mistery to me, all in
New Hampshire against Crown Government in places of trust
and power, doe what they please, fear mony blindes the eyes,
and in Boston Government there, Col. Dudley and people at such
variance, fear he will be seized, the country universally against
him and I do not find one man gives him a good word, if we have
not a change by having a new Governor, we shall in a short time
be ruined, and the onely place exposed to ruin is the East-ward,
whence H.M. has her Navall Stores. As to supplying H.M. with
Navall Stores, all Europe may be supplyed with rozin, pitch, tar,
hemp and timber, if were not disturbed by an Indian enemy ;
province Hampshire and province Main are the only places in
the country, that H.M. may command in part. I served the
King 4 years as Lieutenant Governor, never had one penny allowed
or paid for all my time and expences, Mr. Partridge succeeded
me, he hath taken out of the Revenue 867Z., under notion of
disbursments, and no account for one penny, hope he will be
ordered repay the mony ; all his time the greatest trader, and
his vessells load and unload without legall entry es, judge because
of irregular trade Col. Dudley and he as one. Repeats part of
preceding. I am informed he demanded the Bookes Records,
but to please Waldren etc. he overlook'd it and do say Col. Dudley
will not press anything to effect that Partridge and Waldron is
not for etc. Pray God we had either Sir Ed. Andros or Col.
Nicholson or any one that is a person of honour, for mony does
great things, and mony is that which is cheifly minded, of my
own knowledge, affirme New Hampshire for 12 years never in
soe bad a condition as when I arrived ; though will say also in
spring next there is a designe to doe something to the fort, but all
this time omitted a mistery. I am informed Mr. Hincks keeps
the 20 barrels powder for money due, I shall returne thither and
hope to see things better, in a word, Col. Dudley dare not
disoblige him or any other for fear his 160Z. be not paid, some one
ought to be made an example for such great irregularities, hope
Hincks will, if Hinks was my father, knowing his unfitness, should
not suffer him to continue in the fort, there was an Assembly
like good men desired to know what was become of the mony
AMERICA AND WEST INDIES. 19
1704.
raised, then dismiss'd, an Assembly new called, they raised mony
and allowed all accounts, some mony misapplyed, judged to be
all well, and over, but hope, will be called over and Partridge and
others made to repay. I am now in the 5th year of being
Lieutenant Governor New Hampshire, hope care will be taken
that I may have some allowance. I have desired my friend Mr.
John Jue, to wait on you, as to that matter, crave your favour
therein ; I dare be bold to say none ever served more faithfully
than myself as I was capable, and I think to serve about 5 years
and never the vallue of one penny for my time and expences,
very hard, if Partridge's mony be ordered to me, I think my due.
Signed, John Usher. P.S. One Col. Hobby, a person of best
estate here, judge will inform of all things in these parts.
Endorsed, etc., as preceding. Holograph. If pp. [C.O. 5, 863.
No. 76; and 5, 911. pp. 284-288.]
[Jan. 20.] 36, Estimate of the Exports from Jamaica to England.
I.
15,000 hhds. of sugar, selling here for 251. per hhd. . . 375,000
250,000/6. of indigo at 7s. U. per Ib 93,750
200,000/6. of cotton at I2d. per. Ib 10,000
15,000cwtf. of ginger at 755 56,250
200,000/6. of piemen to at 20d. per Ib 15,000
1,500 tons of logwood at 15/. per ton 22,500
300 tons of fustick at 9/. per ton 2,700
Cocoa, hides, sarsaparilla, stock fish and nicoarago
wood, lignum vita, turtle shell, lime juice, anatto,
etc. will produce in England at least 25,000
600,200
These commodities may be increased to at least
5 times this value, if there were a sufficient
number of white men to carry on the planting.
When we were at peace with Spain there was
yearly brought from that Island in gold, pieces of
eight and bullion at least to the value of . . . . 200,000
which was all purchased with merchandize sent from hence,
and most of it the manufactures of England. There is yearly
transported from Jamaica to our Northern Plantations in America
in rum and molasses at least to the value of 20,000/. Signed,
Batho. Gracedieu, Edm. Edlyne and 28 others. Endorsed, Reed.
Read Jan. 20, 170|. 1 p. [C.O. 137, 6. No. 34; and 138, 11.
pp. 107, 108.]
[Jan. 20.] 37, Notes on the lands and produce of Jamaica abstracted
from documents calendared supra, including preceding return.
No date or signature. 1J pp. [C.O. 137, 6. No. 35.]
Jan. 20. 38. John Champante to the Council of Trade and Plantations.
I humbly presume to lay once more before your Lordships, th e
20 COLONIAL PAPERS.
1704.
miserable condition that Mr. Nanfan, the late Lieut. Governour
of New Yorke, is now in ; etc. [See previous volume, C.S.P.]
My Lord Cornbury's Agents having received the subsistence for
the said four months and a half, I humbly conceive it but just
that the like summe should be recoup 'd out of the growing
subsistence, which may be done without any prejudice to H.M.
service, the same being to be made good by the said four months
and a half's subsistence which has been for this long while in
his Lordship's hands, there being no objection to be made to this
but what I have fully answered. I have orders from Mr. Nanfan
to desire the favour of your Lordships' representation to H.M.
for H.M. gracious protection and commands to come to England,
in order to answer here, where he knows he shall meet with nothing
but justice, any objection which may be made to his administration.
The unusual hardships he is under has so much impaired his
health that his life in all probability will be soon in danger, if
your Lordships' goodness don't interpose in his behalf. Signed,
J. Champante. Endorsed, Reed. Read Feb. 1, 170|. 1 large p.
[G.O. 5, 1048. No. 74; and 5, 1120. pp. 30-32.]
Jan. 20. 39, J. Warters to [? Mr. Popple]. Enclosing following extracts.
There are many other letters from the Agents with complaints
of difficultys and discouragements they meet with in appearing
for the Lord Admiral's rights. I hope it will be thought necessary
that some general letter or order be procured to the Governors
to give them due encouragement in future etc. Signed, J. Warters.
Endorsed, Reed. Read Jan. 20. 1 p. Enclosed,
39. i. Extract of letter from Antigua. (1) At a Court of
Admiralty, Aug. 19, 1702, a sloop, the Diligent of Mary
Gallant, taken by the Seaflower of Barbadoes, Capt. Pied,
near Martineco. No lading appeared here, if any, it
was taken by said Commander out of the sloop,
which lies sunk in the harbour of St. John's, unsold.
His Commission is from Lt. Gen. Farmer, then Governor
of Barbados. (2) The Mary of Martineco taken, also
in July by Capt. Pied, near Guardeloop, and also sunk ;
said to be worth a very considerable value in goods,
money and negroes, sold and shared by him and his
Company. (3) The Margaret of Martineco, taken near
Dominico by Capt. Hillary Roe, in the Margaret and
Anne of Barbadoes, -under the same Commission, without
any lading that appeared, wch. sloop he and company
sold here and shared the money. (4) Another sloop
similarly taken by the same and similarly treated.
(5) Capt. John Smith of the Dispatch of Barbados, with
a similar Commission, shared with his Company the
goods of the Diligent of St. Xphers, said to be worth
8,0001. (6) Capt. John Gill, of the Marygold of Barbados,
with a similar Commission, took the Jean of Bordeaux
and divided the proceeds of her cargo of claret and
brandy with his crew (7) as also the goods of the Fortune
of Martineco, (8) Capt. Vallentine Norris, of the
AMERICA AND WEST INDIES. 21
1704.
Weymouih of Antigua, with a Commission from Governor
Codrington, took two small shallops, which, were sold
here and divided as is usual for privateers. Neither
had any lading. 3 pp.
39. ii. Extract from the Agent's letter, Barbados, Aug. 10, 1703.
Mention is made of 3 barkes taken off Newfoundland
and brought in to Barbadoes by Ca'pt. John Halsey.
Vessels and cargoes came to about 1,800. The Lord
Admiral's tenths being demanded, was refused. Mention
is made of 400?. in the Governor's hands reed, of the
Provost Marshall, which had lain there some time for
the Admiral's tenths. J p.
39. iii. Extract from the Agent's letter, Bermudas. About a
month ago a great French ship, belonging to the fleet
of store ships sent to the Havana to supply M. Chateneaux
(Chdteaurenault) in their return for France came upon
the rocks here. Said to be worth at least 10,OOOZ.
The Governour will not permit any person to speak
with the crew lest they should discover what was aboard.
The ship I take to be a perquisite of the Lord High
Admiral, however the Governour has taken the whole
into his possession, and is disposing of the rigging etc.
as fast as he can. There was another ship on the rocks,
but cast over ten guns and about 50 tons of logwood,
wch. is likewise since taken up, and got off. 1J pp.
[(7.0. 323, 5. Nos. 36, 36.i.-iii.]
Jan. 21. 40. W. Popple to J. Walters [sic]. In reply to preceding, the
Whitehall. Council of Trade and Plantations desire you that they may have
a copy of the Order of Council declaratory of all the Admiral's
rights, which you promised them Dec. 20. [(7.0. 324, 8. p. 329.]
[Jan. 24.] 41, Edward Jones to the Council of Trade and Plantations.
Copy of the Articles exhibited against him, with his answers.
[The articles are abstracted Gal. 1701, No. 797.ii. Replies.}
(1) There is no necessity. (2) and (3) Demands particular instances.
(4) Refers to the warrant he has ready to produce. (5) Untrue,
and demands proof. (6) Never made such oath, but doubts not
that Mr. Smith did escape from his deputy, John Rawlin. (7) His
answer to the Grand Jury was that White held him and Smith
beat him, but the Jury would not find the Bill, nor a new one,
so altered. (8) Refers to warrants ready to be produced.
(9) Demands particulars. (10) His just fee. (11) He served
two executions upon Col. White in obedience to said process.
He believes Nelson was then Chief Justice and had full jurisdiction ;
in any case he conceives that, as an officer, he could not dispute
the validity of the said process. (12) He took 25$., his just fee,
from Mr. Dickinson. (13) Refers to the warrants in his custody.
He did nothing illegal in executing them. (14 and 15) Too general
and uncertain to answer. (16) The constant allowance of powder
in time of peace was and is a barrel fot 1 firing a gun upon sight
22
COLONIAL PAPERS.
1704.
Jan. 24.
Whitehall.
of a ship to give notice to the country, and when expended to be
supplied with another, which was constantly done, and Jones
never heard any complaint of want of powder. (17) He was
compelled thereto by the Governor, and has usually been done
by his predecessors. (18) Untrue ; demands proof. (19) Refers
to the warrant ready to be produced. Jones is wholly uncapable
of making any other answer than above, being refused by the
Governor, Council and Assembly any hearing, or so much as
knowing his accusers' names, altho' he made several applications
etc. Endorsed, Reed. Read Jan. 24, 170J. 7J pp. [C.O. 37, 6.
No. 9.]
42, W. Popple to Mr. Warr. The Council of Trade and
Plantations desire you to lay before the Earl of Nottingham their
opinion that the letters relating to trading with the Spaniards
be only writ to the Lord Cornbury, Col. Dudley, Sir B. Granville,
Col. Handasyde, and the Governour of the Leeward Islands.
[C.O. 324, 8. p. 330.]
[Jan. 25.] 43. Remarks and Enquiries by Col. Mathew on his Instruc-
tions for the Government of the Leeward Islands. Endorsed,
Reed. Jan. 25, 170J. 2J pp. Annexed,
43. i. Replies to above [? by Mr. Popple]. 1 p. [C.O. 152, 5.
Nos. 45, 45.L]
[Jan. 25.] 44. List of Stores of War desired by Col. Mathew for the
Leeward Islands. Endorsed, Reed. Jan. 25, Read Feb. 2, 170|.
1 p. [C.O. 152, 5. No. 46.]
Jan. 26.
Whitehall.
45, Council of Trade and Plantations to the Queen. Report
upon Prizes in the Plantations etc. : The Courts of Admiralty
there are constituted under the Seal of the Admiralty in England,
the powers of erecting Courts of Admiralty by virtue of your
Majesties immediate Commission to your Governours having
been lately by your Majesty's special direction set aside, so that
they are now wholly under the direction of the Lord High Admiral
and such as are commissioned by him in each Plantation ; and
your Majesties Governours as such may not intermeddle in those
matters, nor doe they act therein otherwise than as Vice-Admirals,
subject only to the Orders of the Admiralty. We are therefore
humbly of opinion, that for redressing of abuses in those Courts,
and for the more regular disposition of the proceed of Prizes,
H.R.H. be pleased to give orders to his Vice-Admirals, Judges
of Admiralty and other officers concerned in those Courts, that
they do proceed in all cases before them according to such
Instructions as H.R.H. shall think fit to give them, and to your
Majesties Declaration for the encouragement of your Majesties
ships of war and privateers with relation to prizes. And we
further humbly offer that your Majesty doe repeat your Royal
orders to your Governours that they accordingly be obedient
to ye orders of H.R.H. as Lord High Admiral of the Plantations,
and that all persons whatsoever in the Plantations whom it
AMERICA AND WEST INDIES. 23
1704.
may concern be aiding and assisting in the recovery of H.R.H.
dues in cases of prizes and in maintaining the rights of the
Admiralty. [C.O. 324, 8. pp. 331-333.]
[Jan. 26.] 46. Copy of Order of Bang in Council, March 6, 166|,
declaring the rights and dues of the Lord High Admiral.
Endorsed, Reed. Read Jan. 26, 170|. 1J pp. [(7.0. 323, 5.
No. 37 ; and 324, 8. pp. 334-336.]
Jan. 26. 47, W. Bridges to the Council of Trade and Plantations.
Signed, Wm. Bridges. Endorsed, Reed. Read Feb. 2, 170J. 1 p.
Enclosing,
47. i. Petition of Rowld. Tryon, on behalf of Robt. Stewart,
Register and Clerk of the Crown of Barbadoes, for
licence to come off the Island for one year for recovery
of his health. \ p. [C.O. 28, 7. Nos. 13, 13.i. ; and
(without enclosure) 29, 8. p. 375.]
[Jan. 27.] 48. Some Proprietors of New Jersey to the Council of Trade
and Plantations. Acknowledge their Lordships' favour in giving
them notice of Mr. Dockwra's recommending Peter Sonman and
Daniel Cox to fill up the vacancy in the Council there. Such a
proceeding without first consulting them, whose interest in it is
so much superior to his own is a great presumption and injustice,
etc. Mr. Sonman became a bankrupt about 4 years since, and
compounded his debts for Is. 6d. in the ., which he has not yet
paid etc. For these reasons, they have refused to admit Mr.
Sonmans to be their Agent, as Mr. Dockwra has falsely insinuated.
Daniel Cox has no other pretence to any lands in those provinces
than wt. he makes by late conveyances from his father, Dr. Cox,
who many years since sold all his lands and title there to some
of the said Proprietors ; and if before the determination of the
Proprietors' Right in a course of Justice (to which they intend to
resort) your Lordships should place Mr. Cox in the Council, it
may give a credit to his presence amongst the inhabitants there,
and raise a prejudice in them against the Proprietors' right,
which they are assured your Lordships would not so much as
accidentally contribute to. The Proprietors have heard that
Mr. Cox, being lately in New Jersey, has encouraged a faction of
the meaner people to oppose and subvert that part of the
Constitution lately established by your Lordships, which relates
to the Election of the Assembly, etc. [See letters of Lord Cornbury
Jan. 14, and Col. Quary, Dec., '03.] By representing the qualifica-
tion of 1,000 acres etc., intended as an encouragement to such as
are able to cultivate the land, etc., Mr. Cox, Col. Quary and some
other men of sinister designs have insinuated that this is an
infringement of the natural right of the Inhabitants and tends
to enslave them. By this plausible artifice he has obteined so
much credit to his own pretences, as to procure payment to
himself of moneys for which the Proprietors' Agent had sold
lands they bought of his father. If he be countenanced by your
Lordships with any character within that Province, he may be
24
1704.
COLONIAL PAPERS.
capable not only of depriving them of more of their lands, but
of bringing the country into such confusion as will occasion most
of the wealthier inhabitants to forsake that Province, as many of
them have declared their resolution to doe, if that security
[the 1,000 acres qualification] be taken from them. These
Proprietors are likewise informed that purchases of lands from
the Indians without the Proprietors' consent are encouraged,
or at least connived at by persons of authority there, which is
not only directly repugnant to your Lordships' orders, and an
usurpation of the Proprietors' Right, but an invasion of the
Queen's Prerogative. Pray their Lordships to give effectual
Instructions to the Governor of New Jersey to preserve all the
articles of the late Constitution etc. Signed, Tho. Lane, Paul
Docminique, Robt. Michel, E. Richier, Jno. Bridges, Obadiah
Burnett, John Whiting, Fra. Michel, Jos. Brooke, Joh [?].
Endorsed, Reed. Read Jan. 27, 170j. 2J large pp. Torn.
[(7.0. 5, 970. No. 16.]
Jan. 28. 49, Draught of a Circular Letter from the Earl of Nottingham
to several Governors of Plantations, relating to trade with the
Spaniards. This letter was recast : see Feb. 18. [(7.0. 324, 8.
pp. 337-340.]
Jan. 28. 50. Council of Trade and Plantations to the Earl of
Whitehall. Nottingham. We have perused the draught of preceding. As
to the trade with the Spaniards we have prepared letters vizt.
to the Governours of Barbadoes, Leeward Islands, Jamaica,
Bermuda, New England and New York, it being not necessary,
as we conceive, to send any to H.M. Governours of Virginia
and Maryland ; and as to the Proprietary and Charter Govern-
ments, we likewise conceive it not proper to give them any
incouragement to trade with the Spaniards, since it would too
much authorize their carrying on irregular trade under that
collour. And as to the provisions supposed to be furnished
from our Northern Plantations to the French, and particularly
by the way of Curacao and St. Thomas, for preventing of which
it is directed by your Lordship's letter that bonds be taken, we
are of opinion that if your Lordship think it necessary to be
done, it will be most proper that the directions doe issue from
the Commissioners of the Customes to their under officers, by
whom we doe foresee objections may be made that the requiring
and exacting of such bonds is not warranted by law, and is a
burthen upon trade, the Acts of Trade and Navigation providing
in what cases bonds shall be given, which is not in the present
case. Autographs. 2 pp. [(7.0. 5, 3. No. 10; and 324, 8.
pp. 341, 342.]
Jan. 28. 51 , Order of Queen in Council. Approving Representation of
St. James's. Jan. 13, and repealing Act of Rhode Island accordingly. Endorsed,
Reed. Read Feb. 3, 170 j. 1J pp. [(7.0. 5, 1262. No. 64 ; and
5, 1290. pp. 422, 423.]
AMERICA AND WEST INDIES. 25
1704.
Jan. 28. 52, Order of Queen in Council. Approving Representation
St. James's. o f Jan. 13 and ordering the Lords Commissioners of Trade to
prepare the draught of a letter for H.M. approbation to be sent
from H.M. to the Governor and Company of Rhode Island and
Providence Plantation accordingly. Signed, John Povey.
Endorsed, Reed. Read Feb. 3, 170|. 2 pp. [C.O. 5, 1262. No. 65 ;
and 5, 1290. pp. 424, 425.]
Jan. 28. 53, Order of Queen in Council. Approving Representation
St. James's. o f Jan. 26, and ordering that H.R.H. the Lord High Admiral be
desired to give the necessary Orders to his Vice- Admirals, etc.,
as proposed, and that the Council of Trade prepare the draught
of a letter to be sent to H.M. Governors for H.M. approbation
accordingly. Signed, John Povey. Endorsed, Reed. Read Feb. 3,
170|. 2 pp. [C.O. 323, 5. No. 38 ; and 324, 8. pp. 343-345.]
Jan. 28. 54, Order of Queen in Council. Approving Representation
St. James's. o f Jan. 14 concerning the 4J p.c. in St. Kitts, and ordering
accordingly. [Cf. Acts of Privy Council, II, No. 914.] Signed,
John Povey. Endorsed, Reed. Read Feb. 3, 170|. 2 pp.
[C.O. 152, 5. No. 47 ; and 153, 8. pp. 240-243.]
Feb. 1. 55, John Chamberlayne to the Council of Trade and Planta-
Westminster. tions. In consequence of your Lordships' Representation, the
Society for Promoting the Gospel in Foreign Parts have found
out two Reverend Divines, Mr. Smith and Mr. Moor, to be
missionaries among the Five Nations. Repeats gist of Mr.
Livingstone's letter Dec. 18, 1703 (q.v.), and list of requirements
" which can hardly -be compassed but by a royal purse." Signed,
John Chamberlayne. Endorsed, Reed. Read Feb. 3, 170f.
2 pp. [C.O. 5, 1048. No. 75; and 5, 1120. pp. 33-35.]
[Feb. 1.] 56. Case of the Mohegan Indians in Connecticot. Repeats sub-
stance of Memorial of Dec. 3, 1703, and quotes Charter of Charles II.
to the Governor and Company of Connecticot, and concludes :
Whether this being a controversy between the Indians and that
Government, H.M. may, notwithstanding the privileges then
granted to the said Government, grant a Commission to indifferent
persons in that or the adjacent Colonies to enquire into and
determine this matter, and also to put the Indians into possession
of their lands in case it shall duly appear they have been
wrongfully disseised eto. Endorsed, presented to the Board by
Mr. Wharton and Mr. Hallam, Reed. Read Feb. 1, 170|. No
signature. 2 closely written pp. [C.O. 5, 1262. No. 66 ; and
5, 1290. pp. 417-421.]
Feb. 2. 57, Council of Trade and Plantations to the Board of
Whitehall. Ordnance. Desire an estimate for the stores of war required for
the Leeward Islands by Governor Mathew. [C.O. 153, 8. pp.
238, 239.]
26
COLONIAL PAPERS.
1704.
Feb. 2. 58. W. Popple to Sir Edward Northey. The Council of
Whitehall. Trade and Plantations desire your opinion upon the enclosed
case of the Mohegan Indians [Feb. 1] as soon as conveniently
may be, the convoys for those parts being very speedily to sail.
Mr. Wharton will attend you in behalf of those poor Indians.
[(7.0. 5, 1290. p. 422.]
*k
Feb. 2. 59. Patrick Mein to Wm. Popple. In reply to letter of
Jan. 26, I shall not have time to attend to their Lordships'
commands before the Barbados Fleet is gone. As to the Flaggs
of Truce, I can say very little more than what I have already.
If their Lordships shall think fit to send for one Col. Scot, who
is now in town and a Member of Council in Barbados, he will be
able to give an accot. of all proceedings there as well as myself
etc. Signed, Pat. Mein. Endorsed, Reed. Read Feb. 3, 170|.
} p. [C.O. 28, 7. No. 14.]
Feb. 2. 60. W. Popple to Sir Edward Northey, enclosing extract of Gov.
Whitehall. Sir B. Granville's letter, Oct. 31, 1703, and the state of the case
of Capt. Gilligan etc. The Council of Trade and Plantations
desire your opinion how he and other H.M. subjects trading in
that manner may be proceeded against. [C.O. 29, 8. p. 374.]
Feb. 3. 61. Mr. Lowndes to Mr. Popple. My Lord Treasurer
Treasury taking notice that the several Bills of incidents [Dec. 25, 1703]
?rs ' are not signed by the Lords Commissioners in such manner as
the Privy Seal directs, desires their signing thereof. He also
observes that the prices charged are extraordinary high
(particularly the staconary ware), especially since there can be
no pretence of charge by the Tradesmen on receiving their money,
because in every subsequent account you have inserted the charge
of receiving the money on the preceding acct. of incidents. His
Lordship therefore expects that you should take care for the
future to manage the expense on account of incidents with all
possible frugality. Signed, Wm. Lowndes. Endorsed, Reed.
Read Feb. 8, 170|. Addressed. 1 p. Enclosed,
61. i. Report to [? the Lord High Treasurer] to the above
effect. Copy. 21- pp. [C.O. 388, 75. Nos. 85, 85.L ;
and 389, 36. pp. 171, 172.]
Feb. 3. 62. W. Popple to John Chamberlayne. In reply to yours of
Whitehall, the 1st inst. the Council of Trade and Plantations acquaint you
that H.M. dos allow 201. a piece to all Ministers going to the
Plantations for their passage. They are of opinion that it will
be a great incouragement to such Ministers if they can be assured
of a benefice in England after so many years service, as may be
thought reasonable, among the Indians. There being a Society
for evangelizing Indians in New England, which has a con-
siderable revenue by gifts from particular persons, their Lordships
think it would be of some service if your Society could inform
themselves how such summes of money as have been given
AMERICA AND WEST. INDIES. 27
1704.
for that end have been imployed. They will take care to
recommend the said Ministers to the Lord Cornbury. [(7.0. 5,
1120. p. 36.]
Feb. 3. 63. Council of Trade and Plantations to the Queen. Report
Whitehall, on the three Acts of Jamaica referring to Kingston and Port Royal.
Summarise evidence given C.S.P., 1703. Continue ; Upon which we
humbly represent, that by an Act past in Jamaica and confirmed
by his late Majesty in Dec. 1695, the town of Kingston is made
a Port and does enjoy the liberty of loading and unloading goods
and all other priviledges necessary to the carrying on a trade
' in the same manner as Port Royal then had. Upon consideration
whereof and the reasons aforesaid, we humbly offer to your
Majesty that the Act to prevent the resetting of Port Royal be
repealed, that Act forbidding any publick offices to be kept
or any market to be held, or the necessarys of life to be sold at
Port Royal ; that the Act to invest H.M. in land in Kingston for
the reception of the sufferers by the late dreadfull fire at Port Royal,
declaring Kingston to be the chief seat of trade and head port of
entry, and fortifying West Chester, be likewise repealed, because ( 1)
by that Act the rebuilding at Port Royal is prohibited and rents
and annuities discharged, which in consequence would deprive
the owners of their lands and others of their rent charges and
annuities. (2) Because the forts at Port Royal which have 120
gunns mounted, and cost great summs of money, cannot well
be supplied with necessaries, nor men to defend them, but by
rebuilding the town of Port Royal ; and it seems designed by the
preamble of the said Act, that the said forts shall be slighted ;
whereas we are of opinion that the safety of your Majesty's men
of war, and the security of the said Port, Trade, and Island does
much depend upon the support and preservation of the said
forts. (3) For that notwithstanding this Act be repealed, Kingston
does and will enjoy all priviledges necessary to make it a port of
entry and place of trade, by the Act that was confirmed by his
late Majesty in Dec. 1695, to which no material addition is made
by this Act, excepting the depriving Port Royal of all priviledges ;
whereas we are of opinion that it will be most agreable to the
right of the Proprietors, prosperity of the Island, and for the
advantage of Trade, that a free liberty be allowed, that the people
there may take their choice as to building of houses, unloading of
ships or carrying on their trade at either of the said places as
their interest and inclinations may lead them. That the Act
for making the Kay whereon Fort Charles and Fort William are
erected Port of Entry be likewise repealed ; for that by your
Majesty's disallowance of the two forementioned Acts this last
Act becomes altogether useless. So that upon the whole if it
may please your Majesty to repeale these 3 Acts, the towns of
Kingston and Port Royal will possess equal liberties and
immunities in the enjoyment of their estates, and in the carrying
on of their trade, which we humbly offer as the best expedient
for the present securing the Island and resettling the trade
thereof. We have very lately received a letter from
28
COLONIAL PAPERS.
Feb. 3.
Whitehall.
1704.
Col. Handasyd (Nov. 27) together with several Acts past in the
General Assembly of that Island, and amongst others one entituled
an Act for raising a Revenue to H.M., her heirs and successors,
for the support of the Government of this Island, and for main-
taining and repairing H. M. forts and fortifications, by which your
Majesty's Revenue is continued for 21 years to commence in
October next pursuant to your Majesty's Instructions, wherein
we conceive Col. Handasyd has done your Majesty very good
service and deserves your Majesty's favour. [C.O. 138, 11.
pp. 123-137.]
64. Council of Trade and Plantations to the Queen. We
have received from Governor Sir B. Granville an Act of Barbadoes
for setling 5001. a year upon him for house rent, during his
government. Your Majesty having given Instructions whereby
the said Governour was limitted to the summ of 300Z. sterling for
house rent, these Instructions did not arrive at Barbadoes till
after the passing of this Act, and the 500Z. currant money of that
Island not exceeding the sum of 370L sterling, and the said Act
in all other respects being conformable to your Majesties
Instructions, we are humbly of opinion that your Majesty be
pleased to approve of the said Act, the said Governour having
since his receiving the said Instructions, refused a present of
2,OOOZ. offered to him by the Assembly, and having in all other
particulars behaved himself with great zeal and application in
your Majesties service. [C.O. 29, 8. pp. 376, 377.]
65. Sir Thomas Lawrence to the Council of Trade and Plan-
tations. Not having enjoyed his health these two years last past
in Maryland, prays leave to return to England and put in a
Deputy to execute his office of Secretary till his return. Signed,
Thomas Lawrence. Endorsed, Reed. Read Feb. 4, 170f.
1 p. [C.O. 5, 715. No. 77 ; and 5, 726. p. 277.]
66. W. Popple to Mr. Burchet. Enclose letter from Gov.
Sir B. Granville (Oct. 31, 1703) relating to fleet from Barbados,
to be laid before H.R.H. [C.O. 29, 8. p. 378.]
67. W. Popple to Mr. Champante. I inclose a copy of the
Lord Cornbury's letter relating to the Lady Bellomont's accounts.
In relation to your desire of having the prosecution of the Lady
Bellomont's securities at New Yorke suspended for six months
longer, the Council of Trade and Plantations, before they take
any resolution thereupon, desire to be informed whether her
Ladyship will agree to the method of accounting, as proposed
by the Lord Cornbury. [C.O. 5, 1120. p. 37.]
Feb. 4. 68. Mr. Thrale to the Council of Trade and Plantations.
Your Lordships having made a Representation to H.M. concerning
the sending stores and cannon together with recruits to the
Province of New Yorke, and, having apply'd myself to my Lord
Nottingham's office to desire a speedy dispatch by reason the
[Feb. 4.;
Feb. 4.
Whitehall.
Feb. 4.
Whitehall.
AMERICA AND WEST INDIES.
29
1704.
ships will be going out of hand, I was asked whether your
Lordships had no new matter to represent for that Province ;
which if your Lordships have, I humbly beg that you not only
do give it dispatch, but represent that it's highly necessary that
his Lordship would facilliat those already sent down by your
Lordships with all speed ; for I am very well informed that,
above all, they stand in very great neede of powder, and that
the merchants here will ship none, by reason they are sensible
the Government will have occasion for it, and command it out of
their hands upon creditt. Signed, Jno. Thrale. Endorsed,
Reed. Read Feb. 4, 170f. 1 p. [C.O. 5, 1048. No. 76;
and 5, 1120. pp. 37, 38.]
Feb. 5. 69. Mr. Webber to the Council of Trade and Plantations.
Barnstapie. Encloses following ; I think it no difficult task [to reduce New-
foundland] (with Divine permission), could the Government allow
but 10 frigots and 500 landmen well appoynted. I know Sir
Francis Wheeler was sent there last warr to reduce it, but took
very indirect courses to effect it. The last year a squadron
was order [ed] for yt. expedition, but put it in execution too late,
nor were the forces in a condition to enterprize. Heer are several
ship bound for yt. Plantation this yeare, if they can have pro-
tections for their men. Signed, Peter (?) Webber. Endorsed ,
Reed. Feb. 9, Read March 21, 170f. Addressed. 1 p.
Annexed,
69. i. Reflections on the present settlement of Newfoundland.
The French, by the great number of ships occupied in
the Fishery (supposed to be upward of 800 saile) have
encreased their seamen to that degree as to enable them
to man such fleets wch. none of their predecessors could.
They supply not only their own country with fish, but
also Spain, Portugal and Italy, where they are always
before us, to the utter ruin of our trade, for they are
possest of the greatest part of that Island, the best
fishing grounds, where the fish come sooner then where
the English fish, making their voyages quicker, and can
render their fish to markets at least 6 weeks sooner than
we can. There is not that great quantities of ice on the
coasts the French possess as on that wch. we enjoy,
wch. obstructs our fishery, so that they end their voyages
sooner etc. If entire to England t would breed us many
thousand seamen yearly etc. U pp. [C.O. 194, 3.
Nos. 12, 12.L]
Feb. 5.
Custome
House,
London.
70. Mr. Sansom to Wm. Popple. In answer to yours of
yesterday's date, Mr. Patrick Mein was the last Surveyor General
imployed in the Southern Plantations in America, which survey
ended Feb. 169f, and in 1699 the Commissioners being
acquainted that he was going from England with a prospect to
stay in Barbadoes some considerable time on some affairs of his
own, and having had experience of his former good service, they
took that occasion (for saving of charge) to recommend to him
30 COLONIAL PAPERS.
1704.
severall matters relating to the Customes, of which he hath from
time to time given them satisfactory accompts ; and particularly
since his return to England ; and Col. Quary being lately estab-
lished Surveyor Generall of the Customes in America, the Com-
missioners design, as occasion offer, to order him to go from the
Continent and visit the Islands in that capacity. Signed, Jno.
Sansom. Endorsed, Reed. Read Feb. 8, 170|. Addressed.
1 p. [C.O. 28, 7. No. 15 ; and 29, 8. pp. 379, 380.]
Feb. 6. 71 . Lt. Governor Handasyd to the Council of Trade and
Jamaica. Plantations. Acknowledges letter of Oct. 28 and Nov. 24 and
Order of Council Nov. 18 in relation to prizes. For my part
I have not directly or indirectly had the value of a glass of wine
from any prize since I came into the country, laying that down
for a rule at my first entering into the Government to be faithful
to my trust, and never to eat H.M. fowls for fear the feathers
should choak me. Sends duplicates of Acts sent Nov. 27. I hope
they will be to your Lopps. satisfaction, for such a difficult piece
of work I never did go through. Refers to enclosures, and
embargo, which I hope, (having it confirmed by several who
made their escape from the enemy, that they are not in a con-
dition to make a general attempt on Jamaica) will in, three or
four days be taken off, I having called a Council for that purpose.
As to the settling a Govern, in the Bay of Campeachie, I shall
endeavour to give your Lops, a satisfactory acct. per next. As
to the intreaguing, designing men, you have had some of them
from this place already, and I wish you had two or three more,
who fancy themselves greater men than any body else can
believe they are, and want to bashaw it over Englishmen as over
their slaves, which they never shall obtain as long as H.M.
continues me in my post etc. Oppression has been too much
accustomed here, therefore very hard to be broken off. As to
the giving out arms to the Militia, I shall take all the care
imaginable to take the Captains' notes for them. We are dayly
fatigued by small parties of the enemy, who land in the night
by sloops and barquelongos, running them into small cricks
and covering them with bows, lying themselves in woods till
they have an opportunity of surprizeing the Plantations,
altho' I have taken every care imaginable in ordering the stations
of the four men of war, and likewise have ordered soldiers to
every place of consequence to keep guard there, but the Island
being of so large extent, and but thinly inhabited, 'tis a meer
impossibility to prevent all accidents of that nature with the
small number of ships and soldiers that we have, since they can
run over from Cuba in one night. I thank God the advantage
they have made of us as yet has not been great, having not got
50 slaves since my coming to the Government, for which we have
gott three times the number from them. They have made three
attempts within these two months by small parties, the last of
which was on the north side of the Island, where they landed
70 men and left ten in the Barquelongo and took from a Plan-
tation 11 slaves, and designed to have gone farther into the
AMERICA AND WEST INDIES. 31
1704.
country, but the country being alarmed, one of our Captains
with 12 soldiers and 19 inhabitants marched above 20 miles
thro' woods and over mountains, the River being high by great
Rains prevented any more joyning them : they came up with the
enemy as they were embarking and fell upon them so vigorously
that they killed 20 upon the spott and took 4 prisoners, the rest
making their escape in the Barquelongo ; how many were
wounded, I can't learn, but they have troubled us no more. The
other two actions were much of the same nature, but the number
of men less. Our people, not above one third, killed the enemy's
Captain, wounded and took the Quartermaster and three more,
and made them retire in great confusion. We are dayly
threatened by the French and Spaniard to make a general attempt
on Jamaica. I am sorry we are not in a better condition of
defence, as to the number we have, I believe they are very good,
and hope we shall shew ourselves faithful servants to our Queen
and Country, and like true Englishmen not be daunted at their
numbers. As to the state of the men of war, two of them are
in a very indifferent condition, being much damnified by the
worms, and the two fireships hardly able to float. As to the
petition of the officers and soldiers, we do not doubt but it will
have a very good issue, since your Lordps. have befriended us
in that matter. Six months ago I writ to the Bishop of London,
giving an account of the vacancys of the Parsonages here, and
having no answer, makes mee believe tis miscarried, we having
16 parishes and no more than 5 Parsons, the rest being all dead
or left us, which may prove of ill consequence if not remedied in
making us turn Atheists. Altho' the sallarys of some are but
small, yet the smallest Parsonage is commonly made up 1201.
per annum. I enclose a letter to the Bishop, which, if your
Lordships approve of, I desire you will order to be sealed and
sent, etc. Signed, Tho. Handasyd. Endorsed, Reed. 30, Read 31
March, 1704. Holograph. 3 pp. Enclosed,
71. i. Copy of letter sent by Lt. Gov. Handasyd to the
Spanish Governors of St. Domingo, Cartagena, Porto
Bello and the Havanna in pursuance of Lord Not-
tingham's Instructions. Signed, Tho. Handasyd.
Endorsed as preceding. 1J pp.
71. ii. Copy of Instructions to the Master of the sloop carrying
above letters, Dec. 17, 1703. See Minutes of Council
of Jamaica, Dec. 7 and Jan. 11. Signed and endorsed
as preceding. H pp. [C.O. 137, 6. Nos. 36, 36.L, ii. ;
and (without enclosures) 138, 11. pp. 162-169.]
Feb. 6. 72. Lt. Governor Handasyd to the Earl of Nottingham.
Jamaica. I enclose a copy of my letters to the Spanish Governor etc. (see
preceding). I hope it will have good effect, having understood
by an Englishman that made his escape from the enemy that
Senor Pemento, Governor of Cartagena, has retired to a Castle
with several of his friends and stands upon his own defence,
and I hope by the sloop that's gone with the flagg of truce to
have a confirmation of the same, and that several others will follow
32
COLONIAL PAPERS.
1704.
Feb. 6.
Barbados.
Feb. 6.
Antigua.
his example, which if so, I hope Monsieur will have his hands full
in these parts. Repeats parts of preceding. Signed, Tho.
Handasyd. Endorsed, R. March 30, 1704. 2 pp. Enclosed,
72. i. Duplicates of above, L, ii. [C.O. 137, 45. Nos. 60, 60.L,
ii. ; and (duplicates) 137, 51. Nos. 1, l.i., ii.]
73. Governor Sir B. Granville to the Council of Trade
and Plantations. On the 3rd inst. the pacquet boat with the
mail of Jan. 1 arrived here, but brought me from your Lordships
only duplicates of what I had received before and acknowledged.
I have very little to add except it be expressing the sence I have
of your Lordships' favour in the promise you make me of
endeavouring to obtain from the Queen's bounty a compensation
for what I loose by the late restraining order. This pacquet
boat is come so much quicker after the other then usual that the
severall offices have neither got their duplicates ready of what
I sent last nor the originals in relation to the prizes and
Admiralty which I promist, however I hope they may be as soon
in your Lordships' hands, intending to put them on board a
merchant ship of good force which is bound hence for England
in eight days. The Dreadnought which sailed from England in
Sept. last arrived here on the 1st inst. ; she had bin all that time
at sea, bin separated from her fleet and suffer'd much damage
by the violent storms and bad weather, Colonel Seymour, the
Governor of Maryland, and his family is on board. Signed, Bevill
Granville. Endorsed, Reed. 24th, Read 25th April, 1704.
Holograph. 2 pp. [C.O. 28, 7. No. 16 ; and 29, 8. pp. 428-430.]
74. Governor Codrington to the Council of Trade and
Plantations. Your Lordships command me to give an account
of the affair at Guadaloupe. I wish I could my Lords, but tis
really unaccountable in all respects, as to what preceeded and
followed it. I could ask a great many questions which I believe
it would be hard for anyone to answer, I must humbly own I cannot
divine at the reason of the measures which were taken, why a few
heavy foul ships were sent out without any light fregate, why no
artillery or ammunition was sent, why the troops were sent out
in so ill a condition and but half officered. Why such recruits
were sent almost naked without arms fit for service, and none
to take care of them but 2 or 3 young idle fellows and one drunken
Major who soon dispatch'd himself. Why the fleet was so long com-
ing to Barbadoes, and why they staid two months there, in the only
season fit for action, that the officers, soldiers and seamen might
have time enough to destroy themselves with debauchery, and
loose their lives with poxes, fluxes and feavers, which might have
been more usefully disposed of. Why the Commodore never
gave me any notice of his being there, and why he afterwards
came down so far to Leeward, that he might not be able after-
wards to turn to Windward again, why there was so much
perverseness and ill will to the Service in all the commanding
officers in the Navy (except Col. Moses and Lt. Col. Martin, who
did their duty extremly well) and why Guardaloupe was quitted,
AMERICA AND WEST INDIES. 33
1704.
just when we were to reap the fruit of our hazards and fatigues,
as we had indisputably done if the fleet had continued but five
days longer for the arrival of Admiral Graydon, are misteries I
cannot fathom. I could ask as many questions as to what fol-
lowed. But that part may seem without my province, and
therefore I shall not meddle with it. As to what relates to my
own conduct, as well as the great pains, trouble and charge I was
at in preparing for it, I think I may safely trust the representation
of it to others, tho' I am very much aware of the envy and
baseness of mankind. I have as ill an opinion of the management
as any one living, but my scheme was not executed, and I had
no command of the ships or boats, and I will venture to affirm
very positively no expedition can succeed where there is not one
sole Commander, unless Providence should work a miracle and
effect an agreement between the land and sea officers. The
resolutions taken in the several Councills of Warr, particularly
one letter to the Commodore will give your Lordships a great
deal of light, I could be more particular, but am unwilling, since
I cannot be at home to explain and justify my observations.
I did, I believe, more then another General would have done in
my place. For when I had got a bloody flux by overfatiguing
myself, I kept it private for severall days and supported myself
as well as I could with vast quantities of laudanum to which I
attribute the loss of my sight, as to a severe cold which I caught
during my illness, the loss of my limbs and the terrible pains which
I was afflicted for four or five months after frequent bathings
and drinking great quantities of cold water (which I take to be the
West Indian panacea) have at length wholy restored me to my
health and I am now able as I shall always be willing to serve
H.M., whenever she pleases to employ me. I humbly hope my
zealous endeavours in all respects have been accepted, success
was not in my power, especially where I had so little authority,
for I had not any commission to call a Court Marshall or punish
disorders, till Admiral Graydon's arrival when the business was
over. Signed, Chr. Codrington. Endorsed, Reed. 24th, Read
25th April, 1704. 3| pp. Enclosed,
74. i. Copy of proceedings of a Council of War held on board
H.M.S. Boyne, Feb. 20, 170, in relation to the ex-
pedition at Guardaloupa. See Cal. 1 703. No. 737. Same
endorsement. 6J pp. \C.O. 152, 5. Nos. 48, 48.i. ; and
(without enclosure) 153, 8. pp. 276-280.]
Feb. 6. 75. Duplicate of preceding. Holograph. 4 pp. [C.O. 152,
5. No. 49.]
[Feb. 8.] 76. Draught of an Instruction received from the Treasury
to be inserted in H.M. Instructions to Col. Mathew. "And
whereas severall Prizes were taken in the last warr with France
and carried into the Leeward Islands, of which no due accompt
has been rendered to the Crown, you are therefore to give the
necessary orders and to be otherwise aiding and assisting within
your Government to all such persons as are appointed for the
Wt. 2710. C 3
34
COLONIAL PAPERS.
1704.
Feb. 8.
Whitehall.
recovery of the arrears due for such Prizes " etc. Endorsed,
Reed. Read Feb. 8, 1703-4. f p. [(7.0. 152, 5. No. 51.]
77. W. Popple, jr., to W. Lowndes. Encloses accounts
signed by the Commissioners as desired, Feb. 3. The accounts
of postage are wholly for letters from the Plantations, which are
rated in the Post Office, and if there be therein any excess, it
cannot be controuled by my Father. As to the accounts of the
Woodmonger and Stationer, my Father is assured by them that
scarce any other Office about Whitehall is furnished with the like
sorts at so cheap rates, nor that the quantities expended in any
office where so much buisness is done are so small as in this. As
to the account of petty expences, which is for disbursements
made by my Father himself, he is ready however unusual to attest
the truth thereof upon oath, and will endeavour to manage all
the incidents, as he has allways done, with all possible frugality,
and therefore desires you to do him the justice to represent him to
my Lord Treasurer as not having needlessly expended any money
that has gone through his hands. [(7.0. 389, 36. pp. 172-174.]
Feb. 10.
St. James'.
Feb. 10.
Whitehall.
Feb. 10.
Whitehall.
78. Order of Queen in Council. Referring petition of
Jeronimy Clifford, (that he has not yet had any good effect from
the several applications made to the States General in the matter
of his estate in Surinam, and praying for redress) to the Council
of Trade and Plantations, who are to recommend the con-
sideration of his case [see Gal. A. and W.I. 1702. Nos. 360.i.-iv.
etc. and Acts of Privy Council II. No. 551.] to some able merchants
to adjust his accounts, and then to report thereupon. Signed,
John Povey. 1 p. Enclosed,
78. i.-lxxiv. The case and claims of Jeronimy Clifford referred
to in preceding. [C.O. 388, 75. Nos. 86, 86.i.-lxxiv.] ;
and (without enclosures) 389, 36. pp. 175, 176.]
79. Council of Trade and Plantations to the Queen.
Propose Charles Long and Richard Thompson for the Council of
Jamaica as recommended by Lt. Gov. Handasyd. [C.O. 138,
11. pp. 137, 138.]
80. Council of Trade and Plantations to the Earl of
Nottingham. Recommend Sir T. Lawrence's petition (Feb. 4),
his absence not to be above 18 months. [C.O. 5, 726. p. 278.]
Feb. 10.
St. James'
Feb. 10.
Whitehall.
81 . Order of Queen in Council. Approving above Repre-
sentation and ordering warrants to be prepared for H.M. signature
accordingly. Signed, John Povey. Endorsed, Reed. Read
Feb. 18, 170f. 1 p. [C.O. 137, 6. No. 37 ; and 138, 11.
p. 150.]
82. Council of Trade and Plantations to the Queen.
Recommend Dudley Diggs to be a Councillor of Virginia.
[C.O. 5, 1360. p. 453.]
AMERICA AND WEST INDIES. 35
1704.
Feb. 10. 83. Order of Queen in Council. Upon reading Repre-
St. James's, sentation (Feb. 3) and a petition of the Merchants and Planters
of Jamaica, the three Acts referred to are repealed and declared
null and voyd and of none effect. Signed, John Povey.
Endorsed, Reed. Read Feb. 18, 170}. 2 pp. [(7.0. 137, 6.
No. 38; and 138, 11. pp. 147-149.]
Feb. 10. 84. Mr. Thrale to the Council of Trade and Plantations.
Having told Mr. Warr that your Lordships have no new matter
to represent for New Yorke, he tells me, unless yr. Lordships
do signifie by letter, yt. the ships are going with all speed and
that it would be convenient that a dispatch may be given to those
representations etc. as lye before H.M. for New Yorke. Signed,
Jno. Thrale. Endorsed, Reed. Read Feb. 10, 170|. Addressed.
i p. [(7.0. 5, 1048. No. 77 ; and 5, 1120. p. 39.]
Feb. 10. 85. Council of Trade and Plantations to the Earle of
Whitehall. Nottingham. The convoys for the continent of America being
shortly to saile, we remind your Lordship of the Order of Councill,
May 1st, upon the Report of the Board of Ordnance relating to
stores of war for New Yorke, that your Lordship be pleased to
lay the same before H.M. as soon as may be, those stores being
absolutely necessary for the security of the Colony. 1 p.
[C.O. 5, 1084. No. 20; and 5, 1120. p. 40.]
Feb. 11. 86. Col. Mathew to the Council of Trade and Plantations.
By his Commission and Instructions as Governor of the Leeward
Islands, he hath no power given him to direct the service of such
ship of war as shall be appointed to attend the Leeward Islands,
nor any authority given him to oblige the Commanders, officers
and seamen of such ships to do their duty, nor is there any power
to that effect in his Commission as Vice-Admiral of the Leeward
Islands, that relating wholly to the civil jurisdiction of the
Admiralty. The Governours of the Leeward Islands have been
always empowered to command and direct the service of such
ships of war as have been appointed to attend there, and without
which the service of such ships of war will be altogether precarious
and uncertain. Although directions may be given from time to
time to the Commanders of such ships of war as shall be sent
to the Leeward Islands to observe the orders of the Governour,
yet if the Governour be not authorized to command them, H.M.
service must very much suffer, and those stationary ships become
in some manner useless. Prays their Lordships to represent
this matter to the Lord High Admirall, that such Instructions
may be given him as shall seem meet and proper, and that he
may have a copy of such part of the Instructions to the Captain
of such stationary men of warr, as are appointed for the service
of those Islands from time to time, that he may govern himself
accordingly. Endorsed, Reed. Read Feb. 11, 170}. If pp.
[C.O. 152, 5. No. 52 ; and 153, 8. pp. 244-246.]
[Feb. 11.] 87. (a) Robert Beverly to the Queen. In an ejectment
brought by Francis Ballard ? lessee of Samuel Selden and Rebecca
36 COLONIAL PAPERS.
1704.
his wife against John George, for certain lands in Elizabeth City
County in Virginia, the Jury, April 23, 1703, found a general
verdict against petitioner with excessive damages, contrary to
evidence and right, and upon appeal before your Majesty in
Council, judgment being granted, whereby the General Court
of Virginia will deny the petitioner any further process, he
therefore prays an Order of Leave that he may take in Virginia
a writ of attaint and inquire in the said verdict. Signed, R.
Beverley. Countersigned, John Povey. Copy.
(b) Order of Queen in Council. St. James's, Feb. 3, 1703(-4).
Referring above to Mr. Attorney General for his opinion what
may be fit for H.M. to do therein. Signed, John Povey. Copy.
(c) Attorney General to the Queen. Petitioner is intituled to a
writ of attaint without suite to your Majesty, and not having
been denied it by your Majesty's Courts in Virginia, I do not
see any reason for your Majesty to give any direction for his having
a writ which he may sue out of course.
But as the Petitioner's case is the question tried by the Jury,
being matter of title arising on construction of deeds and wills,
in determining which the Jury (it's probable) followed the
directions of the Court in which the cause was tried, I see no
ground for his troubling the Jury by a writ of attaint ; and
therefore I am humbly of opinion it will not be reasonable to give
any countenance to it by your Majesty's Order, and the rather
for that your Majesty hath been pleased, on affirming the
judgment given against the Petitioner, to direct that, if he shall
think fit to bring another ejectment for regaining the lands lost
by the verdict found against him, and desire the title may be
specially found, that it shall be so found, which will be a proper
method for his relief. Signed, Edw. Northey. The whole endorsed,
Reed. Read Feb. 11, 170J. 4 pp. [C.O. 5, 1313. No. 38;
and 5, 1360. pp. 449-452.]
Feb. 12. 88. Office of Ordnance to the Council of Trade and Plan-
tations. Enclosing estimate for stores of war wanting in the
Leeward Islands [Feb. 2]. Signed, Granville, C. Musgrave, Ja.
Lowther, Wm. Bridges. Endorsed, Reed. Read Feb. 18, 170|.
1 p. Enclosed,
88. i. Estimate referred to above. Total, 2,199Z. 45. 5d. +
Freight, 550/. 2 pp. [C.O. 152, 5. Nos. 53, 53.i. ;
awdl53, 8. pp. 250-252.]
Feb. 13. 89. Order of Queen in Council. Approving Representation
St. James's. [ o f Feb. 3] and ratifying the Act of Barbados referred to. Signed,
John Povey. Endorsed, Reed. Read Feb. 18, 170|. 1 p.
[C.O. 28, 7. No. 17 ; and 29, 8. pp. 386, 387.]
Feb. 14. 90. William Popple, jr., to Mr. Burchett. Enclosing copy
Whitehall, of Col. Mathew's Memorial, Feb. 11. [C.O. 153, 8. p. 246.]
Feb. 14. 91. Earl of Nottingham to the Council of Trade and Plan-
Whitehall, tations. Col. Rd. Downes has been so highly recommended as
AMERICA AND WEST INDIES. 37
1704.
ye fittest person to be of ye Council of Barbados, that H.M. desires
to be informed whether you have any other objection, than
that he is not ye first upon the list of those who are designed
for it. Signed, Nottingham. Endorsed, Reed. Read Feb. 21,
170J. Holograph. 1 p. [C.O. 28, 7. No. 18 ; and 29, 8.
p. 387.]
[Feb. 14.] 92. Daniel Cox to the Council of Trade and Plantations.
[Reply to Memorial by Sir T. Lane etc. Jan. 27.] Mr. Dockwra's
recommendation of me was absolutely without my knowledge.
My father absolutely denies having sold his entire interest in
those Provinces, but reserved to himself very considerable tracts
of land, as the conveyance etc. will prove. Had these Gentlemen
any such right as they pretend to, and any writings to confirm
it, they surely would never suffer those contumelys and reproaches
wch. are every day thrown on them, not only by some of their
own Agents and perticular purchasers, but by almost the whole
country, who for near 12 years have demanded them to be sent
over to the Province and entered upon the Register, wch. is always
customary, and without which no man can bee assured or secured
in the possession of his lands and estate. I deny encouraging
any faction. Lord Cornbury has seen fit to intrust me with the
command of all the forces in the Western Division of New Jersey
etc. etc. I can prove that what monys I received for any lands
in New Jersey was some months before the arrival of your
Lordships' Instruction to Lord Cornbury or my knowledge of it,
and nothing but my indisputable right could have secured the
payment. The wealthier people think the (qualification) part of
the Constitution of so small security to themselves or the country,
that they are extreamly fearful least the meaner sort of people
being discontented hereat should leave the Province. Should
your Lordships admit these Gentlemen's plea against me, for the
very same reasons I humbly presume you will expunge Mr. Lewis
Morris, their Agent. I was almost the only man in the Western
Division that publicly opposed the transaction regarding the
purchase of land from the Indians. Signed, Daniel Cox, jr.
9 pp. [C.O. 5, 970. No. 17.]
Feb. [14.] 93. William Dockwra to the Council of Trade and Plan-
tations. Reply to Memorial, Jan. 27. His address was only
on behalf of Mr. Sonmans, by special direction of the Committee
and on behalf of the Proprietors of the Eastern Division, of whom
all that were in England (except these factious subscribers and
their partners) had then constituted Mr. Sommans their Agent,
the Committee of Proprietors having his orders and instructions
at that time under consideration for his dispatch, his Commission
being delivered to him under the hands and seals of all the Pro-
prietors in England as aforesaid, except those men who usually
stile themselves ye West Jersie Society, who might have signed
it too, if they had not thought themselves too great to condescend
to a friendly compliance with the rest etc. Mr. Dockwra would not
exchange his single interest for the whole joynt interest that
38 COLONIAL PAPERS.
1704.
the Society has in the Eastern Division. His reputation is
unblemished etc. Signed, Wm. Dockwra. 3 pp. [C.O. 5, 970.
No. 18.]
[Feb. 14.] 94. Peter Sonmans to the Council of Trade and Plantations.
Answer to same. Losses in the war cause his bankruptcy ; his
creditors are long ago paid. Some of the signatories not only
failed many years ago but omitted to give their creditors any
satisfaction. He has for divers years been possessed of 5|- Pro-
priety s of the Eastern and 2 of the Western Division, his title
never disputed save by Joseph Ormston, whose bill was dismissed
with costs. The Proprietors of the Eastern Division being in
. England, who for many years have had the management of all
affairs, having among them 14 of the 24 Proprietys, being
desirous to have the advice and consent of all their fellow Pro-
prietors in the choice of a General Agent, before they chose him,
not only summoned the West Jersey Society, who among them
have but 2 Proprietys, to all their intended meetings, but also
frequently mentioned the occasion and necessity thereof to induce
them to come ; wch. letters, or several of them, Sir T. Lane, whom
they call their President, owned to have received. But none
of them attending, the other Proprietors chose Sonmans and
signed his Commission, and ordered him to desire the Society's
concurrance. He left his Commission with Sir T. Lane and Mr.
Docminique. The latter told him the Society had no objection
to him, and would sign it if new drawn without the clauses relating
to Mr. Dockwra etc. etc. Signed, Peter Sonmans. Endorsed,
Reed. Read Feb. 14, 170|. 2 pp. [C.O. 5, 970. No. 19.]
Feb. 14. 95. Governor Codrington to the Council of Trade and
Nevis. Plantations. I send your Lordships Lieut. -Col. Ling's and Capt.
Parry's accounts of the prizes, whom I appointed Commissarys,
and it was a favour to me they wd. accept of ye employ. I have
not toucht one farthing of ye produce, nor have I, nor would I
upon any terms concern myself with publick money. I smarted
sufficiently by ye delays yt. were used in making up my Father's
accts., and had been 10,OOOZ. a saver if I had immediately have
come to ye Indys upon my Father's death, but as I had need of
a great deal of patience then, I have still so, and instead of growing
rich by my, employ, and by my faithfull and zealous services to
the Crown, I have attained some qualitys, wch. I did not bring
into the world with me, and which I hope will doe me more good
than an estate. I have not received the furlow your Lordships
promist me, tho' my Lord Orrery went once and sent twice to ye
Secretary's Office for it, so that I shall loose a year by it. My
successor cannot well be expected before June ; I must be con-
tented to stay till ye spring after. I shall bear this and every-
thing else patiently, till some mistakes are rectified, wch. I must
believe I lye under, or else I cannot think the Queen would have
given away my Government before I had had ye honour to kis
her hands and give her an account of my conduct. I am very
easy under this because I shall soon put things in a better light
AMERICA AND WEST INDIES. 39
1704.
upon my arrival and your Lordships shall be so far my
inquisitors, that I will oblige myself to answer all the questions
you will give yourself ye trouble to ask me upon oath, without
any reserves whatsoever, and I wish all West Indian Governours
were to doe ye same by a Law. I have been so far from making
any unlawfull advantages that I have not taken the usual fees,
tho' of five years salary, which will be due to me May 1 next,
I have yet reed, but 900. this country money, which reduced
to sterling will not be one year's salary. I hope your Lordships
will be pleased to recommend my case to my Lord Treasurer ;
ye worst of servants are paid their wages when they are turned
off. I humbly beg one favour more of your Lordships, which is,
that you will be pleased to let H.M. know I doe not desert her
service, but since I have recovered my health, shall be always
ready with as much zeal and affection as any Englishman
wtever to hazard my life, wherever she will please to commend
me. I beg ye honour of your Lordships' good opinion till you
are convinced I doe not deserve it. Signed, Chr. Codrington.
I shall meet the Assembly of this Island tomorrow and hope
to get ye Antigua Act past here. Endorsed, Reed. 24th, Read
25th April, 1704. Holograph. 2 pp. Enclosed,
95. i. Reply of the Assembly [of Nevis] to H.E. Speech. The
wholesome counsell this day recommended for our future
conduct, and that excellent proposall in relation to our
Laws, confirms in us those undoubted proofes your
Excellency has repeatedly given of your heartiness
and zeale for the good and wellfare of the People wee
represent, and as Capt. Nathaniel Crump with 5 Members
more are appointed to return your Excellency the
humble thanks of this House for the same, so are they
likewise ordered to assure your Excellency wee shall
cheerfully and readily contribute to the good work
therein mentioned. Signed, George Gamble, Speaker.
Endorsed as preceding, f p.
95. ii. Lt.-Col. Ling to Governor Codrington. Encloses
accounts of the Lord High Admiral's tenths, for the time
of my acting as Commissioner of Prizes, ye ballance
of wch. is ready for those who shall be directed to receive
ye same. Mr. Sygismond Cooper by a second hand
lately sent me for perusal a Commission he hath for
receiving ye aforesaid tenths, which according to my
small knowledge does not impower him to receive what
hath already been collected, but have offered to pay him
upon his bond to indempnefy me etc. Signed, W. Ling.
Nevis, Feb. 15, 170|.
95. iii. Accompt of the Lord High Admiral's Tenths of (4)
prizes condemned in Nevis July, 1702-March 27, 1703.
Total, 284:1 12s. 8Jd. Signed, Wm. Ling. Endorsed as
No. 95. 1 p.
95. iv. John Perrie's Account of Prizes condemned at Antigua
since the wars. Feb. 6, 1703. Signed, Jno. Perrie,
Register of the Admiralty Court. Same endorsement.
40
COLONIAL PAPERS.
1704.
6 pp. [0.0. 152, 5. Nos. 50, 50.i.-iv. ; and (without
enclosures) 153, 8. pp. 271-275.]
Feb. 15. 96. Earl of Nottingham to the Council of Trade and Plan-
Whitehall, tations. The Queen having appointed Col. Thomas Handasyd
to be Governour of Jamaica, H.M. would have you prepare his
Instructions and Commission for her approbation. Signed,
Nottingham. Endorsed, Reed. Read Feb. 21, 170f. 1 p.
[C.O. 137, 6. No. 39; and 138, 11. p. 151.]
Feb. 15. 97. Council of Trade and Plantations to Col. Codrington.
Whitehall. Wee have received no letter from you since yours of Aug. 8 last,
but have writt to you Oct. 28 and Nov. 24 last, whereof duplicates
have also been dispatched to you. We are at present to acquaint
you, that H.M. having been pleased to gratify you in your desire of
coming to England, has appointed Collonel Mathew to succeed you.
H.M. having been pleased to refer to our consideration a Present-
ment from the Commissioners of the Customes relating to your
forbidding the officers from collecting the duty of 4J per cent,
in the French part of St. Christophers, and having consulted
H.M. Attorney General thereupon, we reported our opinion to
H.M., a copy whereof is here inclosed, as also a copy of H.M.
order thereupon for your information. We have laid before the
Admiralty the want of sailers in the men of war that attend the
Plantations, and the necessity of having a sufficient provision
of supernumerary seamen on board those ships which may supply
the places of those that become deficient ; and we have likewise
offer'd to them the want of guard-ships necessary for the Leeward
Islands, and of convoys for their trade. And what the Lord
High Admirall shall order thereupon will be sent you by the first
opportunity. Wee send you here inclosed a letter from the
Earle of Nottingham, by which you will see how you are to govern
yourself in this conjuncture, in relation to the Spaniards. [C.O.
153, 8. pp. 247, 248.]
[Feb. 15.] 98. Leonard Compere, Receiver General of Jamaica, to
the Council of Trade and Plantations. By a recent Act of
Jamaica, for raising an Additional Duty, the Receiver has been
allowed only 2J per cent, of the tax, he or his Deputy to enter
into a bond of 5,000?., conditioned to account with the Assembly ;
and by another Act for Raising a Revenue, petitioner's percentage
on customs etc. has been reduced from 10 to 5 p.c., and he obliged
to enter into security for 5,000?. conditioned to account to the
Governor and Council or Assembly, by which H.M. Prerogative
is restrained and petitioner's freehold apparently prejudiced ;
prays their Lordships to represent the same, that H.M. may repeal
the said laws, " the rather for that the said Assembly consisting
of 32 persons, 8 whereof were expelled the House and 7 of them
chosen again and another person in room of the 8th, but the 25 sitting
Members refused to admit them, and made a new parish and re-
ceived 2 new Members for the same " etc. Signed, Leonard Compere.
AMERICA AND WEST INDIES.
41
1704.
Etidorsed, Reed. Read Feb. 15, 170|. 1 large p. [C.O. 137,
6. No. 40.]
Feb. 15. 99. W. Popple, jr., to J. Champante. The Council of Trade
and Plantations desire your speedy answer to the letter writ you
the 4th inst., they being now about to write to my Lord
Cornbury. If you can produce to them a certificate from any of
the auditors of the Exchequer of the method of accounting here,
and if that be different from the method proposed by the Lord
Cornbury, their Lordships will then send a copy of it to him for
his direction. [C.O. 5, 1120. p. 41.]
Feb. 15. 100. W. Popple, jr., to Sir E. Northey. Enclosing clause
Whitehall, in the Charter of the Massachusetts Bay (see March 22). The
Council of Trade and Plantations thereupon desire your opinion
whether H.M. may not by her Royal Prerogative establish a
Court of Chancery in the said Province, notwithstanding the
aforesaid clause. [C.O. 5, 911. pp. 205, 206.]
Feb. 16.
Whitehall.
101. Council of Trade and Plantations to Governor Nicholson.
Since our letter of July 29, we have received yours of July 23
and 28, of Aug. 1, Oct. 22, and one without date which we suppose
to be that of July 24 mentioned in the last. We are sorry to
find the Council and Assembly have had so little regard to H.M.
demand relating to the quota for New Yorke. We observe your
zeal for H.M. service in advancing the said quota to the Lord
Cornbury ; and we have written to his Lordship that, in case the
Assembly of Virginia do not reimburse you the money, he
immediately repay it you. As to what you write about attacking
Canada we have communicated my Lord Cornbury's proposal
upon that subject to the Secretary of State. You have no
occasion to be troubled for the reports concerning any male
administration ; for no complaints have been offered to us against
you, nor do we believe that any complaints have been made
elsewhere against you. Col. Quary according to your desire is
made Surveyor Generall of the Customes of all H.M. Plantations.
We have reported to H.M. that Col. Diggs be appointed to the
Councill of Virginia, which H.M. has been pleased to approve.
As to what you write about Burgesses for James City, about
taking up lands on the South side of Black Water Swamp, about
a rent roll of quit rents, and about lapsed lands, we shall consider
the same, as also the two volumes of Acts and Bills, received
with your last letter, at Mr. Jenning's returne from Yorkshire
whither he has gone for two months with our leave, only this we
have to add, that a perfect rent-roll of all the lands in Virginia is
absolutely necessary to be sent with all convenient speed. We
are glad you keep a good correspondence with the Lord Cornbury
and the rest of H.M. Governors on the continent, and hope that
your meeting with them and your joynt care will have a good
effect. There having been great irregularities in the manner of
granting Commissions in the Plantations to private ships of war,
you are to govern yourself on the like occasions according to the
42
COLONIAL PAPERS
1704.
Commissions and Instructions usually granted here, copies whereof
are here inclosed. This goes by the convoys for Virginia and
Maryland, which we have sollicited at your desire, and we doubt
not but the necessary care will be taken for the security of the
coast and rivers of Virginia. P.S. The Commissions and
Instructions to privateers above mentioned not being perfected,
they will be sent you by our next. [C.O. 5, 1360. pp. 454-456.]
Feb. 16.
Whitehall.
Feb. 16.
Whitehall.
Feb. 16.
Whitehall.
102. Council of Trade and Plantations to the Queen.
Recommend Dudley Diggs for the Council of Virginia. [C.O. 5,
1360. p. 453.]
103.- Council of Trade and Plantations to H.M. Enclosing
draught of Letter to Governors as ordered Jan. 28. Annexed,
103. i. The Queen to the several Governors in America.
Whereas complaints have been made to us of abuses in
the Courts of Admiralty in the Plantations and of
irregularities in the disposition of the proceed of prizes
brought into our said Plantations by our ships of war,
privateers or others with Letters of Mart ; for pre-
vention whereof we strictly charge and require you,
that you be obedient to such Orders and Instructions
as you shall from time to time receive from our High
Admiral, and that you require all persons whatsoever
in the Plantations whom it may concern to be aiding
and assisting in the recovery of our dues as also our
High Admiral's dues in cases of prizes, according to our
Declaration for the incouragement of our ships of war and
privateers, and in maintaining the rights of the
Admiralty.
103. ii. The Queen to the Governors of Proprieties. Begins
as preceding : continues : " and otherwise in main-
taining the rights of the Admiralty and in the support
of the officers and Court of Admiralty appointed by
our High Admirall within our said Province." March 2,
170|. Countersigned, Nottingham. [C.O. 324, 8. pp.
346-348.]
1 04. Council of Trade and Plantations to Governor Seymour.
We expect to hear shortly of your arrival in Maryland, and that
you have found all things in good order there ; we have not had
anything before us relating to that Province since your departure,
only a petition from Sir T. Lawrence. Leave will be granted him
for 18 months, he putting in a sufficient Deputy with your appro-
bation to officiate during his absence. There having been com-
plaints of irregularities in the manner of granting Commissions to
private ships of war in the Plantations, we send you a copy of
the Commissions and Instructions granted here in the like cases,
that you may govern yourself thereby, with regard to the
difference of places. P.S. Not being perfected, they will be
sent you by our next. [C.O. 5, 726. pp. 279, 280.]
AMERICA AND WEST INDIES. 43
1704.
Feb. 16. 105. Council of Trade and Plantations to the Queen.
Whitehall. Enclose following (cf. Jan. 28 etc.). Annexed,
105. i. Draught of letter for H.M. signature to the Government
and Company of Rhode Island relating to Admiralty
Jurisdiction. Whereas complaints have been made to us
that by virtue of an Act past at New Port in our Colony
of Rhode Island and Providence Plantation Jan. 7,
1694, you have assumed to your selves an Admiralty
Jurisdiction, and have established Courts accordingly,
altho' no such power be granted in your Charter, and
have refused to yeild obedience to the Courts and Officers
vested by our High Admiral with due authority for the
tryal of marine and other causes appertaining to such
Courts in those parts, and have not permitted the Col-
lector and Receiver on behalf of our said High Admiral
to have anything to do therein ; particularly in the
case of a ship of 5,000. value, carryed into Rhode Island
by a Privateer of Boston, nor permitted the said ship to
go to her Commission Port. And thereupon having
thought fit by advice of our Privy Council to declare
our disapprobation and disallowance of the foresaid
Act, and having accordingly declared the said Act
nul and voyd and of none effect, We strictly charge
and require you that you do not assume to your selves
the power of erecting any such Admiralty Courts, and in
case you make any such attempt for the future, we
shall give directions that you be prosecuted to the utmost
rigour of the Law. And we further require and command
you to submit to the Court of Admiralty constituted by
our High Admiral in those parts and to the powers of
Vice Admiralty vested in Coll. Dudley, our Governour
of the Massachusets Bay. March 2, 170f. [(7.0. 5,
1290. pp. 438-440 ; and (enclosure only) 5, 209. pp.
16, 17.]
Feb. 16. 106. Council of Trade and Plantations to Gov. Codrington.
Whitehall. \y e have received no letter from you since yours of Aug. 8. H.M.
having been pleased to gratify you in your desire of coming to
England, has appointed Col. Mathew to succeed you. Enclose
Order of Council etc. upon the collecting the 4J p.c. [Jan. 28].
We have laid before the Admiralty the want of sailers in the men
of war that attend the Plantations, and the necessity of having
a sufficient provision of supernumerary seamen on board those
ships which may supply the places of those that become deficient ;
and we have likewise offered to them the want of guardships
necessary for the Leeward Islands and of convoys for their trade,
and what the Lord High Admirall shall order thereupon will be
sent you by the first opportunity. Enclose Lord Nottingham's
letter relating to the Spaniards. [C.O. 153, 8. pp. 247, 248.]
Feb. 16. 1 07. Council of Trade and Plantations to Lt. Gov. Handasyd.
Whitehall. We have received yours of Nov. 27 last with the Acts and other
44 COLONIAL PAPERS.
1704.
papers therein referred to, which we are laying before H.M. for
her determination thereupon. In considering the Acts of the
Assembly of Jamaica formerly transmitted us we have judged
that entituled An Act for encouraging privateers and other seafaring
men and to prevent impressing derogatory to H.M. Royal
Prerogative and prejudicial to her service in that it forbids the
impressing of any inhabitant of that Island without exception,
under very severe penalties ; and may endanger H.M. ships of
war in exigencies where seamen may be wanted. We have there-
fore offered to H.M. that the Act be repealed. And H.M. having
accordingly repealed the same, we send you H.M. Order in Council,
Nov. 11, that it may have its effect. And whereas we have
likewise represented to H.M. that contrary to your instructions
requiring that, when any Captains or Commanders of any of
H.M. ships of war in any of her Plantations shall have occasion
for seamen to serve on board the ships under their command,
they do make their application to the Governors and Commanders
in Chief of the respective Plantations, to whom H.M. is pleased
to commit the sole power of impressing seamen in any of her
Plantations in America or in sight of any of them, not only sea-
faring men, but landmen, and traders having families in that
Island have been violently carried off by the Commanders of
H.M. said ships of war, without your privity or direction, to the
ruin of some, the terrifying of others, and the great diminution
of the strength of the Island, we are ordered to assure you of
H.M. due care in directing the strict observation of that
Instruction for the future. And as we acknowledge your good
service in relation to the passing the Revenue Act, so we desire
you to be very carefull hereafter not to consent to any Act pre-
judicial to H.M. Royal Prerogative as your Instructions especially
import. We have represented to H.M. the great disorders that
we have observed in the former Proceedings of the Assembly,
and their differences with you and the Councill, whereupon H.M.
has been pleased to write the inclosed letter to you and the Councill
that you may communicate the same to the Assembly, and
further use your utmost endeavours to persuade them to lay
aside their private heats and animosities and to apply themselves
with dilligence and moderation to the dispatch of publick affairs
as may be best for H.M. service and the welfare of the Island. We
have considered of the Memorial of yourself and the other offices
of the two Regiments in Jamaica, relating to Quarters, and have
represented to H.M. the hardships you lye under in respect of
the insufficiency of the allowance made to the superior officers by
the Assembly, the dearness of provisions, and the undue method
of subsisting the soldiers, it being left to the choice of the
inhabitants either to receive them into their houses or pay them
55. per week for Quarters, by which means the soldiers receiving
this money may be apt to mispend it, to the ruin of their health,
and be frequently left without Quarters. For the remedy and
prevention whereof for the future, we doe inclose to you a copy of
our Representation that it may serve for your guidance and direction
in what may be necessary therein for H.M. service, and in particular
AMERICA AND WEST INDIES. 45
1704.
that a clause be offered in the Councill or Assembly for the better
securing quarters to every soldier without admitting money to be
given them in lieu of Quarters which they so mispend. We
inclose the copy of a Memorial presented to the principall officers
of H.M. Ordnance by Francis Cope [C.S.P. Dec. 2, 1703]. We desire
you to give us an account of the neglects which he complains of,
and to use your endeavours that due care be taken in all such
matters relating to the defence of the Island. We have laid
before the Admiralty the want of sailors in the men of war that
attend the Island, and the necessity of having a sufficient pro-
vision of supernumerary men aboard those ships which may
supply the places of those that become deficient, and likewise
the desire of the Merchants and Planters who have applyed to us
relating to the guardships necessary to be appointed for that
service, and to convoys for their Trade, the effect whereof they
are accordingly solliciting. We inclose a copy of Mr. Baber's
complaint, that you may give us a state of that matter and your
reasons for your demand by the first opportunity. As to what
you write in your letter to our Secretary about the methods used
by some persons of note lately arrived in England to obstruct
the publick good, we desire you would name such persons in all
future occasions of the like nature. Upon considering the Act
of Revenue we observe that by a Clause in the latter end, it
confirms all Acts formerly confirmed by King Charles II, for
21 years, which ought not to have been done by the Assembly,
inasmuch as H.M. had promised to confirm the said Acts, as
soon as the Assembly should have passed the Act of Revenue.
We advise you therefore for the future to be more carefull how
you pass any such Clause to the deminution of H.M. Prerogative.
We have represented Charles Long and Richard Thompson to
H.M. as persons proper to fill the vacancies in the Council, and
H.M. has been pleased to appoint them. The papers you have
sent us relating to the ships of Curacoa and St. Thomas taken
by Jamaica Privateers, are under consideration, and in the mean
time we inclose a letter from Lord Nottingham, by which you
will see how you are to govern yourself in this conjuncture with
relation to the Spaniards. We can not at this distance give any
direction about adjourning, proroguing and dissolving of
Assemblies, but must leave it to you, who, being upon the place,
can best judge what will be most for H.M. service. We are glad
to find the Island has suffered so little by the attempts of the
enemy, and that the inhabitants are so watchfull and ready
upon all occasions to defend themselves. Your Agent here is
making enquiry to whom the wreck you mention does of right
belong. When that is known you may be assured that we will
do what in us lies in your behalf. As to what you say relating
to Escheats we have that matter under our consideration.
Whereas there has been great irregularities in the manner of
granting Commissions in the Plantations to private ships of war,
you are to govern yourself for the future according to the Com-
missions and Instructions granted here in England, copies
whereof are here enclosed, We send you the copy of our
46 COLONIAL PAPERS.
1704.
Representation for repealing the three Acts relating to Kingston
and Port Royal, and H.M. having been pleased to approve
thereof, the said Acts are repealed accordingly.
P.S. H.M. Order in Council, Feb. 10th, for repealing the
abovesaid Acts is here inclosed. We must now repeat to you
our earnest recommendation that you take all possible care and
represent to the Council and Assembly of Jamaica that absolute
provision be made for the quarters of the two Regiments now
there ; and not of money for or instead of Quarters ; by which
means we are informed that many private soldiers are destitute of
lodging and reduced to the last extremities, without which neces-
sary and effectuall provision H.M. will be obliged to recall those
Regiments from that Island. The Commission and Instructions
to Privateers above mentioned not being perfected, they will
be sent you by our next. [C.O. 138, 11. pp. 139-147.]
Feb. 16. 108. Council of Trade and Plantations to Governor Sir B.
Whitehall. Granville. Your letters of Oct. 31 and Nov. 27 have been laid
before us. We observe what you write about Col. Maxwell's
death and Mr. Johnstown's succeeding him in the Councill by an
order from H.M. ; but that we may be inabled to present to
H.M. the names of persons to fill up vacancies that may happen
in the Councill, we desire you to send us a list of such persons as
you shall judge fitly qualifyed, according to your Instructions,
to fill up the said vacancies, that we may make use thereof from
time to time, as there shall be occasion, and for preventing of
importunities from many persons that desire to be made
Counsellors in Barbados. We have sent to Mr. Attorney Generall
the case of Manasses Gilligan, and as soon as wee have his answer,
we shall report that matter to H.M., and thereupon directions
will be sent you ; however in the meantime we cannot but com-
mend your care and diligence in preventing such illegal trade.
Enclose letter from Lord Nottingham relating to the Spaniards.
We have reported to H.M. our opinion that you might have leave
to receive the 500/. per annum settled by Act of Assembly upon
you for house rent during your Government, and H.M. having
been pleased to allow thereof, we desire you to send us an
exemplification of the said Act under the Seale of the Island for
H.M. Royal assent. Whereas there has been great irregularities
in the manner of granting Commissions in the Plantations to
private ships of war, you are to govern yourself for the future
according to the Commission and Instructions granted here in
England ; copies whereof are here inclosed. Upon consideration
of an Act past at Barbados, Nov. 18, 1701, entituled An Act to
incourage privateers in case of a war, wherein is no provision for
preserving to the Lord High Admiral his tenths and other dues
according to the inclosed Order of Councill of March 6, 166f,
we are to advise you to endeavour that a clause be inserted in
some other Act, for reserving the said tenths and dues, other-
wise this Act will be repealed by H.M. for that defect. The
Commission and Instructions abovementioned will be sent you
by our next. [C.O. 29, 8. pp. 382-385.]
AMERICA AND WEST INDIES.
47
1704.
Feb. 16.
Whitehall.
Feb. 16.
Whitehall.
1 09. Council of Trade and Plantations to the Queen.
Governor Dudley having inform 'd us that the French in con-
junction with the Eastern Indians had attacked several places
upon the frontiers of the Massachusetts Bay and had killed or
carry ed away about 100 persons ; that he had thereupon been
obliged to raise 1,000 men, which would cost the Province 3,000/.
a month ; that the Assembly had granted 11,500Z. for their
subsistence, and that upon this occasion he had writ in the most
pressing manner to the Governors of Connecticut and Rhode
Island for 150 men between them, but could obtain nothing from
them, notwithstanding those Colonies are screen'd from the
attempts of the French and Indians by the Province of the
Massachusets Bay ; we humbly offer that your Majesties letters
be sent to the said Colonies, taking notice of this refusal and
enjoyning them to assist their neighbours upon occasion for
their mutual security. And Col. Dudley having further repre-
sented to us the great want the Province is in of small arms, wee
humbly offer that your Majesty be pleased to order 400 fire-arms
to be sent to the Governour, and that he be directed to take
care that the value thereof be reimbursed by the Assembly, or by
such persons to whom the said armes shall be delivered, and not
otherwise. [C.O. 5, 911. pp. 206-208.]
110. Council of Trade and Plantations to Governor Dudley.
Since our letters of July 29 and August 6, we have received yours
of February 11, 170f, Aprill 4, August 5, September 15 and
October 27 last ; in which you mention several papers to be
inclosed, but those papers not being received with the said letters,
we send you herewith a list thereof that you may know what
is wanting. Wee observe the Assembly of New Hampshire
have given 500/. towards the reforming the fort at Piscataway ;
but as we fear that summ will not go very far, you will do well to
exhort them to compleat what is so necessary for their defence.
As to the complaint of the Massachusets Bay against the New
Hampshire Act for continuing the duties on timber etc. exported,
we can say nothing to it, not having yet received that Act. Your
desire of having a Judge of the Admiralty has been complyed
with, and Mr. By field has accordingly been appointed. As
to what you write about the revenue arising by fines and
amerciaments in New Hampshire falling short of the allowance
made to the Justices at their Sessions, we can only say that
if that allowance be according to Law, we have no objection
to it. But, however, you must be careful! there be no abuse in the
disposal thereof. Wee are sorry to find the Assembly so averse
to comply with H.M. commands of assisting New York ; how-
ever, you have done your part in pressing them to it. We have
reported to H.R.H. the want of guardships and convoys for
New England, and ships are appointed for those services
accordingly. Your care and diligence in raising men for the
defence of the Province upon the approach of the enemy is very
commendable, and wee hope by your management the Assembly
will be prevailed with to raise the money necessary for the
48 COLONIAL PAPERS.
1704.
maintenance of the said men during the war. We have represented
to H.M. the refusal of Connecticut and Rhode Island upon that
occasion of sending you 150 men between them, as also your
desire of small arms ; likewise the irregularities in Rhode Island,
particularly relating to their pretended power of Vice-Admiralty.
Whereupon H.M. has been pleased to repeal an Act of theirs,
by vertue of which they have claimed an Admiralty Jurisdiction,
and to write the inclosed letter which we desire you to send
forwards, and to give us an account from time to time how they
behave themselves for the future. We are well pleased that
Mr. Usher's advancement is acceptable to you, we doubt not
of your good correspondence with him, and your impartial justice
in what relates to Mr. Allen's pretentions. We inclose a letter
from the Earl of Nottingham by which you will see how you are
to govern yourself in this conjuncture in relation to the Spaniards.
There having been great irregularities in the manner of granting
Commissions in the Plantations to private ships of war, you are
to govern your self in the like occasions for the future according
to the Commissions and Instructions granted in England with
regard to the difference of places, copies whereof are here inclosed.
Having reported to H.M. our opinion upon two of the Acts of
New Hampshire, in the collection formerly received from you,
vizt., An Act for the confirmation of Town Grants ; and An Act
to prevent contention and controversies that may arise concerning
the bounds of the respective towns within this Province, and H.M.
having been pleased to repeal the same, we send you here inclosed
a copy of H.M. Order in Councill of November 11 last for that
purpose, as also of our Report that you may see our reasons for
repealing the said Acts. We are sorry to find the Assembly so
averse to settle a salary upon you. And H.M. having often
recommended that matter to them without effect, we do not
see what more can be done at present. Nor do we think necessary
to lay the Act for 500/. (given you by them) before H.M., for
that you may receive it without H.M. confirmation as you will
find by H.M. letter of Aprill 20 last. P.S. H.M. Letters being
not yet perfected, will be sent by our next. Annexed,
110. i. List of papers referred to in Gov. Dudley's letters,
which have not been received. [(7.0. 5, 911.
pp. 208-216.]
Feb. 16. 111. Mr. Thrale to Mr. Popple. I have made a strict enquiry
concerning the persons you gave me yt. were of the Councell of
the Leeward Islands, and find that Mich. Smith of Nevis, and
Francis Carlile and Jno. Corbett of Antegua, are dead, and Tho.
Buncombe, in England, will not return ; Jno. Estridge of St. Kitts,
is dead ; Steph. Paine and Jno. Davis of the same place are living.
Signed, Jno. Thrale. Endorsed, Reed. Read Feb. 17, 170|. J p.
[(7.0. 152, 5. No. 54.]
Feb. 17. 112. List of the Councill of the Leeward Islands. Nevis:
William Burt, John Smer, Azariah Pinney, James Bevon, William
Butler, William Ling, James Thynn, Daniel Smith, Richard Abbot,
AMERICA AND WEST INDIES.
1704.
Feb. 17.
Whitehall.
Feb. 18.
Feb. 18.
Whitehall.
Feb. 18.
Whitehall.
Phineas Andrews (a), Phillip Broome (a), Thomas Butler (a).
St. Christophers : Walter Hamilton, Lt. Gov., Charles Mathew (a),
Joseph Crisp (a), John Mac-Arthur, Michael Lambert, Henry
Burrell, Samuell Crook, John Garnett, James Thynn, John Pogson,
Steph. Paine (a), Jno. Davis (a). Antegoa : John Yeomans,
Lt. Gov., Rowland Williams, John Fry, senr., John Hamilton,
Edward Byam, James Thynn, Henry Pearn, William Coddring-
ton, Charles Mathew (a), Henry Lyons (a), Barry Tankard
(a), Tho. Morris (a). Mountserat : Ant. Hodges, jr., Lt. Gov.,
William Fox, Thomas Lee, William Fry, John Scott, James
Thynn, John Dawley, Joseph Little (a), William Beddingfield (a),
George Milward (a), George Lydell (a), Charles Mathew (a). Mem.
Those marked (a) are proposed to fill up vacancies. Endorsed,
Reed. Read Feb. 17, 170|. 1 p. [(7.0. 152, 5. No. 55.]
113. Council of Trade arid Plantations to the Queen. We
humbly lay before your Majesty the draught of Instructions for
Governour of the Leeward Islands. [Same as given to Governor
Codrington, 1699. No. 766, q.v., with Additional Instruction
relating to proportion (one-half) of English seamen required on
vessels during the war.] [(7.0. 153, 8. p. 249 ; and 153, 9.
pp. 1-31.]
114. Jno. Thrale to Mr. Popple. I have attended Mr. Warre
with their Lordships' letter to Lord Nottingham, who says it was
moved and lyes before the Queen, and there being noe notice
taken of ye Representation, his Lordship must have a fresh letter
to signifie the necessity of it's being dispatched. Signed, Jno.
Thrale. Endorsed, Reed., Read Feb. 18, 170f. J p. [(7.0. 5,
1120. No. 78.]
115. Council of Trade and Plantations to the Earl of
Nottingham. The convoy being shortly to sail for New York,
where stores of war are very much wanted, that Province being
a frontier to the other Colonies against the French, we pray your
Lordship to move H.M. upon the list of stores formerly presented,
that they may be dispatcht, or such part thereof as H.M. may
direct by this convoy, and that we may be inabled to give the
Governour an account of H.M. directions therein. Autographs.
1 p. [0.0. 5, 1084. No. 21 ; and 5, 1120. pp. 43, 44.]
116. W. Popple to Richard Warr. Enclosing draught of
Lord Nottingham's letter to the Governors of America, as altered
by the Council of Trade and Plantations. Annexed,
116. i. Draught of Letter from the Earl of Nottingham to
several Governors in America, as altered by the Council
of Trade. The States General of the United Provinces
having represented to the Queen the advantages and
conveniences of the trade with Spain in the West Indies,
H.M. upon consideration of the reasons alleged by them
has thought fit to approve of their proposal, and to
continue the trade and commerce with the Spaniards in
Wt. 2710.
C 4
50
COLONIAL PAPERS.
1704.
Feb. 18.
Whitehall.
Feb. 18.
Whitehall.
those parts during this warr in all commodities, excepting
stores of warr and ammunition, and such commodities as
are prohibited bylaw to be carryed fromH.M. Plantations
directly to any foreign country : And H.M. has com-
manded me to signify her pleasure to you, that you
permit and suffer her subjects freely and openly to carry
to any place or territory under the Dominion of Spain
in America all such merchandizes and commodities as
might have been carryed thither before the war, provided
there be not among them any stores or ammunition
of warr, which you must be very carefull to hinder,
and you are likewise to permitt H.M. subjects to bring
from the Spanish Dominions in America any mer-
chandize or goods of those parts ; and the Dutch having
promised to injoyn their privateers in those parts not
to disturb H.M. subjects in this trade, you must in like
manner require all the privateers under your jurisdiction
not to molest any of the Dutch in their trade to and
from the Spanish Dominions except only in case of their
carrying stores and ammunition of war. But as the
reasons inducing H.M. and the States Generall to this
resolution are peculiar to the Spanish trade, and respect
only the Spanish nation, H.M. would have you take as
much care as is possible that the French may receive
no benefit by this indulgence. [C.O. 324, 8. pp. 372-
374.]
117. Council of Trade and Plantations to the Earl of
Nottingham. It will be necessary that copies of the Orders of the
States General to their Governors be sent with your Lordship's
letter to each of the Governors of H.M. Plantations. [C.O. 324, 8.
p. 375.]
118. Council of Trade and Plantations to Col. Quary. We
have received your letters of June 30, July 25, Aug. 4 and 14,
and Oct. 15 last. We approve your diligence and endeavours
in preventing illegal Trade, and hope the method you have taken
to prevent frauds in the importation of bulk tobacco will have
a good effect. Upon what you writ relating to Mr. Roger
Mompesson's superseding you as Judge of the Admiralty in
Pennsylvania, we have represented that matter to H.R.H., upon
which your Commission has been again renewed. We also writ
in your favour to the Commissioners of H.M. Customes upon
occasion of Mr. Randolph's death, whose place was thereupon
immediately conferred upon you, we doubt not of your care and
pains therein. You not having in any of your foresaid letters
acknowledged the receipt of ours of Feb. 25, 170f, which inclosed
to you H.M. Order in Council of Jan. 21st, we send you a
copy of the said Order, which you will communicate to the Deputy
Governour of Pennsylvania, that he may govern himself
accordingly. We sent copies of our said letter to you under
cover to the Lord Cornbury and to Coll Nicholson. As your
AMERICA AND WEST INDIES. 51
1704.
correspondence is very acceptable to us, we desire you to continue
the same upon all occasions. [(7.0. 5, 1290. pp. 441, 442.]
Feb. 18. 119. H.R.H. the Lord High Admiral to Governor Mathew.
Empowering him to give orders to H.M. ships appointed to
attend upon the Leeward Islands, for cruizing and protecting
H.M. subjects. Signed, George. Endorsed, Reed. Read March 9,
170|. Copy. 1 p. [(7.0. 152, 5. No. 56 ; and 153, 8.
pp. 259, 260.]
Feb. 19. 1 20. Lt. Gov. Usher to the Council of Trade and Plantations.
Newcastle. By this conveyance you will have Col. Dudley's Speach on the
llth hist., representatives' answer on 12th. One half hour
after the answer read, the Assembly order'd to be prorogued,
to speak truth Assembly called for the Speach. I humbly con-
ceive for H.M. service taking care of the fort, repairing the same,
and securing of it had been of greatest concernment the which
to this day is not done, no timber, boards or plancks so much
as agreed for, there was two small gunns for salutes, which
Col. Dudley about one year since taken out of the fort is not
returned again. Repeats about Capt. Rinks etc., Dec. 19, Jan. 19,
etc. There was against Mr. Hinks a Petition to H.E. and Council
of two soldiers for 30/. paid by the Treasurer for their wages
due to May last, Hinks refuses to pay, the soldiers directed to
prosecute Hinks at next Court in forma pauperis, so they will be
kept out of their money above one year and have one year's wages
more due, the poor soldiers have not bread to eat, but what is
beged out of charity to be supplyed, so the fort neglected, the
poor oppressed, all because Mr. Hinks first in Council!, to speak
the truth such things dishonourable. The 18th instant I visited
the out - garrisons, find all families at their respective houses,
not in garrison, and secure as if no war, notwithstanding the
enemy hath twice made attacks at garrisons in severall places,
killed and carryed away alive many of H.M. subjects. There
has ben volunteers after the enimy, but returned without seeing
one enemy or one living creature. Boston Government hath made
taxes for 12 or 15 rates, which will amount unto above 30,000/.,
this Province not made rate for one penny, though surrounded
by and most exposed to the enemy. Your Lordships will find by
Representatives' answer [see under March 3] they are for
Mr. Allen to have f of the land up in the country, one foot of
land by the seaside is of more value than 100 foot in the country,
the first settling of this country was by Mr. John Mason, who
sent over servants and chattell for settling the place, when Mr. John
Mason dyed his servants entred upon and took possession of the
lands, have disposed of the same, together with the stock, which
amounted to 2,500Z., and sold the same. Mr. Robert Mason,
who derived his title from Mr. John Mason, hath for 43 years
made a constant claime. As to the town bounds, by which the[y]
make a claime, the said town bounds were never apointed above
four or five years ago, so the priviledge of commons for wood
and feeding no right unto, neither has the General Assembly
52 COLON TAL PAPERS.
1704.
power to settle town bounds, or grant power to dispose of lands ;
by seizing the Government in Oliver's time, Mr. Mason kept out
of his right to this day. As to hazard of their lives and bloodshed
for defence of the place is no more then all H.M. Governments,
and as for the treasure expended, is all had of the wast and
uninclosed lands, as for the Indian war which hath expended
a treasure, I judge the war with Indians of late was occasioned
by one Major Walderen, who in a former war invited Indians in
giving assurance they should have their lives and liberty, upon
which the Indian enemy came in and surrendered themselves,
when so done were seized, many shot to death, and the rest shipt
off for slaves, which usage the Indians will not forgett ; in the
Assembly's answer they desire H.E. favourable representation
for them, which judge he will, they being able to give great
presents, but hoped will not availe ; H.M. having given directions
thereon, the mony presented H.E. is not out of duty but intirest.
H.E. communicated H.M. letter as to misaplying of the Revenue,
that the Assembly takes no notice of, so overlooked, and
Gov. Dudley will not enquire into that matter because above
1,1 001. Mr. Partridge and Vaughan received all by contrivance
of Mr. Walderen (who thoug no Assembly-man drew up the said
Speech) and by reason of him money presented, and disbursements
for entertainments. Walderen is Governor, all things to be
done as he pleases, in a word the Lieutenant Governour signifyes
nothing but made a laughing stock to serve Walderen's intirest.
Your Lordships will find in the answer a complaint for pressing
Judges, Justices and cheif men as private sentinells and sending
out on a scout, the clause in the Act for pressing men in the
Province I here enclose with copy of a warrant for pressing,
the design of the Act was for opressing the poor by serving and
the rich go free, a rich man that has but one man shall only serve,
and a poor man or trader that has five or six they must all serve,
the very impotent and sick that cannot march must pay 25. 3d.
a day, an unjust Act however I begin with the rich and shall
so do leaving the poorest to the last, a contrivance to save rich
men's estates the poor to do all. As to trees to be preserved
for masts, abundance this winter destroyed for masts, and beleive
in ten years' time H.M. cannot be supplied with masts from
hence as now is unless some possitive orders to prevent the same.
When I was in England the Earl of Limrick did discourse of
settling the Eastern Country, if H.M. please to grant the same
to him, I doubt not but the Indian Enemy will be soon subdued,
and will be a setling of those parts, a great security against French
and Indian enimy, which they possess without disturbance.
The Eastern Country the onely place for Navall Stores, and for
supplying H.M. therewith the country is able to do it ; to be
carryed on to effect, must be by a Company. I find none against
it but some Merchants, who think a Company will be prejudiciall
to their particular interest, but judge may be of great advantage
to the Crown and the English Nation, and to the whole country ;
there are new discoverys of great Tracts of Land with Trees fitt
for rosom, pitch and tarr. William Partridge comes by this
AMERICA AND WEST INDIES. 53
1704.
conveyance, who, when I was in England, exhibitted a charge
entring on Government without being qualify ed. I send copy
of a Commission stiling himself Commander in Chiefe, by it the
Act makes 1,000. forfeiture, besides his contempt to your orders ;
his entring on Government I send you Minuit of Councill, besides
which I judge is answerable for issuing out moneys in the
Treasury by orders under his hand (copies enclosed) in moneys
paid to Mr. Partridge, 'tis said in the order for disbursements,
but no acct. on file for Id. disbursed : there has bin 1,167. paid
out of H.M. Revenue to Wm. Partridge and Wm. Vaughan,
which humbly desired may be inquired into, in case Partridge
and Vaughan be in England ; if they give security to answer
for the Queen's Revenue the abovesaid summe, am redy to make
appear to be misapplyed. One Wm. Furber was for a mis-
demeanor sentenced to pay 201. , committed to prison for the
same. Mr. Partridge setts him at liberty. I do not find by
the Instructions power to remitt a fine of above WL, said Furber
a person disaffected to Crowne Government etc. Here is one
Mr. Mentzis, a loyal able person whom I make bold to recommend
for Secretary and Recorder, none on the place having a Com-
mission. King William was pleased to order the books of Records
to be put into the secretary's hands, that refused : your Lordships
have ordered the same, that disobeyed : the books being
demanded of Mr. Penhallow refused to deliver them, alleading
because were put into his hands by order of Wm. Partridge,
Lt. Gov., Council and Assembly. I have for Mr. Allin ben
searching ye Records for Judgements obtained in Mr. Mason's
time and for evidences in ye case, find in the Books of Records
all the Judgements cutt out, in all 23 leaves. And all the pro-
ceedings as to Title and Evidences taken away, which is great
injustice, and of a high misdemeanor. And yett those Persons
are the persons in place of trust and power, and persons of honour
and justice laid aside to serve private ends. The Treasuror
and Major hath no Commissions ; those two places reserved
for Major Vaughan of Antimonarchicall principles, etc. Several
persons served H.M. at Jamaica, the Capts. promising great wages
and press money, but when listed paid them none, which makes
great murmuring here. My Lords, this Province is of greatest
concernment to the Crown for supply of Navall Stores : the place
even the Key of all other places is but weake in itselfe ; humbly
propose H.M. frigatts ordered for these parts, there station may
be appointed for Newcastle, where they may be as well supply ed
with provisions, a safeguard to the place, a benefitt for procuring
masts, a great discouragement to the enimy. Repeats former
statements. Prays for directions how far my power is to be
extended in absence of the Governor. I have account that
Capt. Walton and one Capt. Browne, both good men, Com-
manders in Boston Government, hath orders to consult with
Mr. Walderen so to act as by his advice, in case I am betrusted
with the Queen's Commission, Mr. Walderen to do all I think
disrespect to Queen's Commission. My principalle is not to
countenance any ill thing in rich or poor, but if do not countenance
54 COLONIAL PAPERS.
1704.
the rich therein, I must be as a cipher. As to affairs of the
Province, beg your Lordships to send for Masters of vessels, as
Capt. Eason, and passengers to give account. Signed, John
Usher. Endorsed, Reed, llth, Read 23rd May, 1704. 2| pp.
Enclosed,
120. i. List of Members of Council of New Hampshire who
do not attend : Wm. Partridge, dismist on request ;
Nathanl. Fryer, ditto ; John Hincks, refuses ; Nathan! .
Waren, by reason of age cantt ; Wm. Vaughan, absent ;
John Garish, not this five months attend in Councill.
Humbly offer as loyal persons : Major Jos. Smith ;
Winthrop Hilton ; Kingley Hall ; Thomas Packer ;
Peter Waer. Same endorsement, f p.
120. ii. Copy of the accounts of Wm. Vaughan, Treasurer,
1698. Same endorsement. 2 pp.
120. iii. Copy of an account of money paid by the several
Treasurers of New Hampshire to Lt. Gov. Partridge,
with copies of his orders for payment of the same, 1698-
1701. Same endorsement. 2| pp.
120. iv. Copy of a Clause of an Act of New Hampshire, past
Oct. 6, 1703, for scouting after the French and Indians ;
of Minutes of a Council of War (Dec. 22) and Lt. Gov.
Usher's order thereupon, Dec. 24, 1703, for impressing
soldiers to scout. Same endorsement. 1J pp.
120. v. Copy of Minutes of Council of New Hampshire, Feb. 8,
1696, relating to orders for seizing Mr. Usher ; and
(Dec. 14, 1697) to Mr. Partridge's publishing his Com-
mission as L.G. ; and (March 3, 170|) : The L.G.,
now going to Boston, acquainted the Council that he
had visited some of the Garrisons and found none in
garrison as the Law directs ; also that he lately gave a
Commission to Capt. Walton for Capt. of Fort William
and Mary, with orders to Capt. Hinkes to deliver H.M.
Stores, who refused; therefor designs to leave the fort
under the management of Lt. Theodore Attkinson.
Same endorsement. If pp.
120. vi. Copy of a Commission from Lt. Gov. Partridge to
James Randle to be ensign of a Foot Company, April 1,
1698. Same endorsement. 1 p.
120. vii. Deposition of Joseph Smith that on Dec. 30th, 1697,
John Usher published orders from Whitehall and the
Proclamation of Peace at Hampton and Newcastle,
and sat in Council Dec. 13th. On Dec. 14 Wm. Partridge
issued a warrant to apprehend Wm. Ardell, Sheriff,
commissionated by John Usher. Same endorsement.
Copy. 1 p.
120. viii. Extracts of letters from Governor Dudley to
Lt. Gov. Usher, relating to Capt. Hinks, Oct. 28 and
Nov. 28, 1703. [See under Jan. 19 and March 3.]
Same endorsement. Copy. 1 p.
y 120. ix. Lt. Gov. Usher's Report to Gov. Dudley upon
Capt. Hinks' neglect of the Fort etc. Feb. 8. 170|.
AMERICA AND WEST INDIES. 55
1704.
Same endorsement. Copy. I p. [C.O. 5, 863. Nos.
78, 78.1. -ix. ; and (without enclosures) 5, 911. pp. 312-
326.]
Feb. 21. 121. Council of Trade and Plantations to the Queen. We
Whitehall, humbly offer that the stores necessary for the Leeward Islands
(see Feb. 2 and 12) be sent by Governor Ma the w to the said
Islands. [C.O. 153, 8. p. 253.]
[Feb. 21.] 122. Opinion of R. Mompesson, Counsel at Law, upon the
Jurisdiction of the Admiralty Courts in the Plantations, Aug. 15,
1699. Described in Col. Quary's Letter, July 25, 1703. Endorsed,
Reed. Read Feb. 21, 170|. Copy. 4| pp. [C.O. 5, 1262.
No. 67.]
[Feb. 21.] 123. Moses Stringer, Professor of Phisick and Chemistry,
to the Queen. If it shall please your Majesty to grant him and
Company a Charter and Letters Patents for settling and fortifying
Tobagoe and Trinidado, when they can purchase the same and
the Virgin Island, and for asserting the King of Spain's right
and proclaiming him in all his Colonies in America, and for making
captures upon the enemy in the North and South Seas of America
and for building and endowing a Colledge upon the Island of
Tobagoe and founding a large Hospital near the City of London
for infants and such men as may become maim in their service,
the above promise to fit out 60 saile or more of private men of
war, besides merchant ships, to rendezvous at Tobago, and to
transport thither such numbers of indigent families as will be
sent by some wealthy merchants and others who have subscribed
for 40,000 acres of land there etc. Elaborates proposals. If
H.M. give Stringer and Co. full power to destroy the enemies'
ships, they will do it until they have not left one in America,
neither French nor Spanish, and will for the future bring all the
King of Spain's treasures to Tobago, and there deliver it to your
Majesty's ships to be carryed to Spain, so that they never more
may have an opportunity of increasing their navigation, or
otherwise with your Majesty's assistance will farm the mines of
his Catholick Majesty, etc. And whereas the Emperor of Caribe
Nation lives upon the large fertile Island of Trinidado, whereon
he has vast numbers of subjects, and comes once a year in his
periaguoes a-processioning round the Island of Tobagoe, claiming
it as his, and hath many times disturbed the settlement of Tobagoe,
he has several Colonies of Spaniards upon Trinidado, with whom
he lives amicably, but hitherto there has been a misunderstanding,
and too often violent and bloody actions betwixt the English
and those natives who are very numerous, and can now joyn
the Spaniards under French Government and with their periaguoes
pour vast numbers thereon, and the French may exert their politics
to the great damage of the American trade, wherefore Moses
Stringer, if your Majesty pleases, at their own cost will go your
Majesties Ambassador to the Emperor of the Caribe Nation and
make a perpetual peace with him etc. etc. Some queries and
56 COLONIAL PAPERS.
1704.
answers as to the Navigation Laws etc. Endorsed, Reed. Read
Feb. 21, 170f. 7 closely written pp. [C.O. 28, 7. No. 19.]
Feb. 21. 124. Mr. Jenings to [? W. Popple]. Their Lordships were
f pring Garden. pleased to dispense with my attcmdance for sometime to visitt
my relations in Yorkshire. I went to provide a place in ye York
Coach for to goe this day or sooner, but found ye coaches taken
up till ye 9th of ye next month. Proposes to wait on the Board
before leaving London. Signed, E. Jenings. Endorsed, Reed.
Read Feb. 21, 170|. Holograph. If pp. [C.O. 5, 1313.
No. 39.]
Feb. 22. 125. Mr. Thurston to Mr. Popple. I entreat the favour
of you to lay the enclosed before the Council of Trade and
Plantations. It may possibly be taken notice of that the whole
pay of the Company at Newfoundland is now demanded, whereas
the subsistance only was required formerly. But the same
is conform to the method the Lord High Treasurer has seen fit
to take with them for these two years past, and by that means
they stand fully cleared from Christmas, 1701, to Christmas last.
But before that time, all mony issued was not to any deter-
minate space, but on account only, which passing through the
hands of many officers, I humbly conceive it absolutely necessary
for the Service that the same be adjusted ; and then, what shall
thereupon be found to exceed the subsistance for the time
preceding the Lord Treasurer's clearing may be otherwise applyed,
either towards payment of the Company's arrears, or towards
satisfying the present demand exclusive of provisions, which
must still continue in the same way of advance, from summer
to summer, or the men perrish. Yet my Lord Treasurer is at
present determined not to make any payment beyond Christmas
as the Parliament direct their funds. Signed, J. Thurston.
Endorsed, Reed. Feb. 22, Read March 2, 170f . 2 pp. Enclosed,
125. i. State of the Arrears of the Company at Newfoundland.
Total 2211. 4s. 2d. 1 p.
125. ii. Wanting for the Company at Newfoundland, 1704.
Total, 916L 125. Sd. ; a year's provisions, the value of
malt and hops in money (not enough sent last year),
and a chest of medicines etc. Signed, J. Thurston.
i P .
125. iii. Small cloathing necessary for the Company at New-
foundland, 1704. Total value, 531 13s. 4d. f p. [See
Acts of Privy Council II. No. 926.] [C.O. 194, 3.
Nos. 13, 13.i.-iii. ; and 195, 3. pp. 260-265.]
Feb. 22. 126. Council of Trade and Plantations to the Earl of
Whitehall. Nottingham. We have examined the list of the Councill of
Barbados, as also the list of such as the Governours have recom-
mended to us, which are inclosed. There is no vacancy at present
in that Councill, the compleat number thereof being twelve and
no more. And as to Col. Downes, who is one of the persons
AMERICA AND WEST INDIES. 57
1704.
recommended, we have no objection against him, but on the
contrary a very good character of him as well as of every other
person in the said lists. [(7.0. 28, 9. pp. 388, 389.]
Feb. 23. 1 27. Order of Queen in Council. Approving Representation
St. James's. o f Feb. 16 and ordering the Earl of Nottingham to prepare a
letter for H.M. signature, to be sent to the Governor and Company
of Rhode Island by the first conveyance. Signed, John Povey.
Endorsed, Reed. Read March 2, 170f. 1 p. [C.O. 5, 1262.
No. 68 ; and 5, 1290. pp. 446, 447.]
Feb. 23. 128. Order of Queen in Council. Approving Representation
St. James's. o f Feb. 16, and ordering Lord Nottingham to prepare letters for
H.M. signature to be sent to the Governors by the first conveyance
accordingly. Signed, John Povey. Endorsed, Reed. Read
March 2, 170|. 1 p. [C.O. 323, 5. No. 39; and 324, 8.
p. 379.]
Feb. 23. 129. Order of Queen in Council. Ordering the draught of
St. James's. Instructions for Gov. Mathew to be prepared for H.M. signature.
Signed, John Povey. Endorsed, Reed. Read March 2, 170f.
1 p. [C.O. 152, 5. No. 57 ; and 153, 8. p. 256.]
Feb. 23. 1 30. Order of Queen in Council. Ordering stores for the
St. James's. Leeward Islands as recommended Feb. 21. The Lord High
Treasurer to cause the money necessary to be issued, and the
Duke of Marlborough, Master General of the Ordnance, to cause
the said stores to be delivered to the Governor of the Leeward
Islands. Signed, John Povey. Endorsed, Reed. Read March 2,
170|. 1J pp. [C.O. 152, 5. No. 58 ; and 153, 8. pp. 257,
258.]
Feb. 23. 131. Order of Queen in Council. Referring Representation
St. James's. o f Feb. 16 to the Duke of Marlborough, Master General of H.M.
Ordnance, to return an estimate of the charge of small armes
required for the Massachusetts Bay, with his opinion what is
fitt to be done therein. Signed, John Povey. Endorsed, Reed.
Read March 2, 170|. 1 p. [C.O. 5, 863. No. 80; and 5, 911.
pp. 218, 219.]
Feb. 23. 1 32. Order of Queen in Council. Approving of Representa-
St. James's, tion of Feb. 16, relating to Connecticut and Rhode Island, and
ordering the Council of Trade and Plantations to prepare draughts
of letters for H.M. approbation accordingly. Signed, John
Povey. Endorsed, Reed. Read March 21, 170|. 1 p. [C.O. 5,
863. No. 79; and 5, 911. pp. 220, 221.]
Feb. 23. 133. Order of Queen in Council. Appointing Dudley Diggs
St. James's. Member of Council of Virginia. Lord Nottingham to prepare a
warrant accordingly. Signed, John Povey. Endorsed, Reed, llth,
Read 14th Sept., 1704. 1 p. [C.O. 5, 1314. No. 1 ; and 5,
1361. pp. 26, 27.]
58
COLONIAL PAPERS.
1704.
Feb. 23. 1 34. Order of Queen in Council. Referring enclosed petition
St. James's, to the Council of Trade and Plantations to examine and report
upon. Signed, John Povey. Endorsed, Reed. Read March 2,
170}. 1 p. Enclosed,
134. i. Petition of James Cowse of Barbados alld Elizabeth his
wife to the Queen. Complain of delays in the pro-
ceedings in the Courts of Barbados, in their claim for
money left her by her father, William Sharpe, pro-
ceedings which, owing to the influence of William
Sharpe, his son, defendant, a Member of the Council
and Judge of the Court of Chancery, have resulted in
four years' delay without any answer put in by defen-
dants, notwithstanding two Orders in Council of the
Lords Justices and his late Majesty, and beg that
defendants be obliged to put in their answer. And see
March 16. Copy. 3 pp. [C.O. 28, 7. Nos. 20, 20.i. ;
and 29, 8. pp. 397-405.]
Feb. 24. 135. Council of Trade and Plantations to the Earl of
Whitehall. Nottingham. Enclosing a letter of revocation for H.M. signature
recalling Governor Codrington. Annexed,
135. i. Draught of a letter for the revocation of Col. Codrington,
as usual in such cases. Countersigned, Nottingham.
Dated, Dec. 27, 1703. [C.O. 153, 8. pp. 254-256.]
Feb. 24. 136. Earl of Nottingham to the Council of Trade and
Whitehall. Plantations. Enclosing following letter, continuing trade between
the Plantations and the Spanish Dominions, " whereby your
Lordships will understand H.M. intentions, that so persuant
thereunto the Instructions to the Privateers in those parts may
be altered, and suited to the present case, for which purpose H.M.
would have your Lordships give the necessary directions." Signed,
Nottingham. Endorsed, Reed. Read Feb. 24, 170}. 1J pp.
Enclosed,
136. i. Copy of Circular Letter from the Earl of Nottingham
to Governors of Plantations. See Feb. 18. If pp.
[C.O. 323, 5. Nos. 40, 40.L ; and 5, 209. pp. 12-16 ;
and (without enclosure) 324, 8. pp. 376, 377.]
Feb. 25. 1 37. Lt. Governor Usher to Mr. Popple. Repeats gist of
Newcastle, letters of Jan. 19 and Feb. 19 etc. Endorsed, Reed, llth, Read
May 25th, 1704. Addressed. Sealed. Holograph. 1J closely
written pp. [C.O. 5, 863. No. 82.]
Feb. 26. 1 38. Wm. Bridges to Wm. Blathwayt. Encloses a pro-
The Tower of portion of ordnance stores necessary for Barbados, to lay before
the Council of Trade and Plantations, it being part of what was
formerly apply'd for by the Lord Gray, etc. Signed, Wm.
Bridges. Endorsed, Reed. Read Feb. 28, 170}. 2 pp. Enclosed,
138. i. List of stores referred to in preceding. 2 pp. [C.O. 28,
7. Nos. 21, 21.i. ; and (without enclosure) 29, 8.
p. 390.]
AMERICA AND WEST INDIES.
59
1704.
Feb. 28.
Whitehall.
Feb. 28.
Whitehall.
Feb. 28.
Newcastle.
1 39. W. Popple, jr., to John Bennet, The Council of Trade
and Plantations will allow you 6 months to produce authentick
proofs of the charges against Mr. Jones (Jan. 24 etc.), and
particularly an attested copy of the Record of his conviction of
perjury. [C.O. 38, 5. pp. 465, 466.]
1 40. Council of Trade and Plantations to Lord Granville
and the Principal Officers of H.M. Ordnance. Enclose copy of
No. 138, and desire an estimate of the value of the stores referred
to. [C.O. 29, 8. p. 391.]
1 41 . Sampson Sheaf e to the Council of Trade and Plantations.
I attended H.E. [Dudley] in Council and satisfied him on the
particulars referred to by your Lordships. Refers to a memorial by
Col. Romer. The Records of this Province remains as they did ;
how they have been preserved, or rather imbezled, your Lordships
will receive the relation from a better hand. No Court of Chancery
yet allowed, for want whereof manie honest men complain they
suffer. No Court of Admiralty at present, the last Deputy Judge
his Commission being determined. It will be a very rare thing if
anie Jury in this Province [New Hampshire^ upon anie trials upon
ye Acts of Trade etc. bring in a verdict for H.M., tho' never so
plainly forfeited. The Indians are daily doing mischief e. This Prov-
ince hath hitherto escaped, but we must expect before next summer
expire our share. The divisions both in this and ye neighbouring
province does forebode bad successe, etc. H. E. hath an hard
taske of it, for between good willingness and a strong desire in
him to please all and an impossibility e so to do, it is no wonder
if impatience does sometimes arise, he findes it very difficult
to obteine anie good proceeding in anie thing for H.M. service,
tho' he proposes it with never so much prudence, and if he dis-
please, no more money. The Lt. Gov. [ Usher] on publishing his Com-
mission was entertained very coldly, and his Commission is much
sleighted ; he seemes to be a gentleman very sinceere and loyall
for H.M. service and the best good and security of H.M. subjects
here ; but he is come to a ticklish Government, in respect of ye
people, especially some of them, who are of an ungovernable
spirit, and notwithstanding all their pretensions, against
monarchical govermt. A Commander for ye Fort, and a
Compa. of soldiers sent hither I presume would be very service-
able and needful. The People here continue their ill talent
toward their Proprietor, tho' in a late answer of the Assembly
to H.E. Speech, they seem to admit his title, and submit them-
selves to H.M., yet they still express themselves that they will
rather spend their whole estates then he should have anie interest
here, and yet manie of their predecessors were sent over by
Capt. Mason as servts., who first settled this Province at his own
charge amounting to more then 16,000?., besides manie thousand
pounds since. These men, so soon as they heard of their master,
Capt. Mason's death, seized his estate and made settlements for
themselves of ye best of ye land as they pleased. Endeavors
have been made to reconcile the inhabitants and Col. Allin,
60
COLONIAL PAPERS.
1704.
but in vain, by reason of some ill instruments, who work upon
both parties to set them further asunder, making their particular
advantages thereby. The fees of the office of Collector here are
not sufficient for the subsistence of a single person. I have
made several seizures to my great charge and hurt, for thoro'
the favour of those then in govermt. the causes went against
H.M. In Mountess's cause I expended at least SQL, and in
triall of ye cotton wooll above 20., both plain cases, so that I
have officiated almost for nothing. I have formerly been Secretary ,
deplaced without anie fault found to make way for him now
emploied ; he hath no Commission and is a stranger. If your
Lordships please to direct that I may be restored to that place
and Keeper of ye Records, I shall thankfully accept etc. Signed,
Sampson Sheaf e. Endorsed, Reed. April 29, Read May 23, 1704.
Addressed. Holograph. 2J pp. Enclosures referred to missing.
[C.O. 5, 863. No. 83; and 5, 911. pp. 306-312.]
[Feb. 28.] 142. Pennsylvania Company to the Council of Trade and
Plantations. Reasons why they cannot undertake the importing
of Naval Stores from the Plantations without a Charter.
Endorsed, Reed. Read Feb. 28, 170|. 1J pp. [(7.0. 5, 1262.
No. 69 ; and 5, 1290. pp. 443-446.]
Feb. 29. 143. Mr. Bridger to the Council of Trade and Plantations.
I have seen the Gentlemen concerned with me, who pray(s)
me to acquaint your Lordships that, if there be a Company
granted, concieve twill much advance the price of those stores
there, and the mighty price now given here, being 31. per barrel
tarr, 30s. per cwt. pitch, and no probability of being cheaper, they
cannot supply the quantity under 355. per barrell of tarr and
22s. the cwt. for pitch, by reason the scarcity here is known
in all places proper for the raising those stores, wch. has much
advanced them in the Plantations, from 105. per barrell to 165.
tarr, but if your Lordships will give us such dispatch as we may
depart hence by the midle or last of Apprile wth. convoy, they are
willing to proceed on the last price mentioned, otherwise to dis-
sist. Signed, J. Bridger. Endorsed, Reed. Read March 2, 170|.
1 p. [C.O. 5, 863. No. 84; and 5, 911. pp. 216, 217.]
Feb. 29. 1 44. W. Popple to Richard Warr. Enumerating Governors of
Whitehall. [ a ll] the Plantations and Proprieties etc. to which the Council of
Trade think the Circular letter relating to Prizes should be sent,
and enclosing copies of H.M. Declaration to be sent therewith.
[C.O. 324, 8. pp. 377, 378.]
Feb. 29. 145. Jeronimy Clifford to the Council of Trade and
London. Plantations. Proposing 3 merchants to state his accounts [see
Feb. 10]. Signed, Jer. Clifford. Endorsed, Reed. Read March 2,
170f. 1 p. [C.O. 388, 75. No. 87 ; and 389, 36. p. 177.]
Feb. 29. 146. Attorney General to the Council of Trade and
Plantations. Report on the case of the Mohegan Indians, quoted
AMERICA AND WEST INDIES. 61
1704.
[see Dec. 3, 1703, Feb. 1]. Subscribed, It doth not appear to me
that the lands now claimed by the Indians were intended to pass
or could pass to the Corporation of the English Colony of Con-
necticut or that it was intended to dispossess the Indians who
before and after the Grant were the owners and possessors of the
same, and therefore what ye Corporation hath done by ye Act
mentioned is an apparent injury to them, and H.M., notwith-
standing the power granted to that Corporation, there not being
any words in the Grant to exclude H.M., may lawfully erect a
Court within that Colony to doe justice in this matter, and in ye
erecting such Court may reserve an Appeale to H.M. in Council,
and may command ye Governors of that Corporation not to
oppress those Indians or deprive them of their right, but to doe
them right notwithstanding the Act made by them to dispossess
them, which I am of opinion was illegall and void. Signed,
Edw. Northey. Endorsed, Reed. Read March 3, 170|. 4 pp.
[C.O. 5, 1262. No. 70 ; and 5, 1290. pp. 451, 452.]
[? Feb.] 1 47. Lt. Gov. Usher to the Council of Trade and Plantations.
Repeats part of letters Feb. 19 etc.
Since my arrival in visiting the garrisons etc., I have spent
above 50Z. My Commission bears date June 14, 1703. Having
moved to the Country for a House and mony for support of the
Government, they refused. Now being in my fifth year serving
the Crown, hope H.M. will grant reliefe for my support etc. The
little time I have been here, have done more as in visiting the
garrisons and security of the Forts than all the Governors put
together since 1696, etc. If Col. Dudley or any writes anything
against me, desire no more then I may know what it is, and give
an answer upon a fair hearing etc. Signed, John Usher.
Endorsed, Reed. April 29, Read May 8, 1704. Addressed. Holo-
graph. 1 p. [C.O. 5, 863. No. 77 ; and 5, 911. pp. 278-280.]
[? Feb.] 148. Governor Codrington to the Council of Trade and
Plantations. I did not intend to amuse your Lordships when
I promist yr. Lordships to give you a good acct. of things here.
As to ye condition of the Islands Col. Thomas was sent home
on purpose to give it yr. Lordps. wth. full instructions from
myself, the Councill and Assembly, and I thought yt. method
wd. be of greater use than a letter, since he might further answer
such questions as your Lordps. should think fit to ask. I have
had a very capricious, and at this time almost a distracted People
to deal with, and in good earnest tho I have had a great deal of
trouble with them they are rather to be pityed than blamed.
What I cheifly aim'd at, and what I have been labouring at ever
since I came over (except from ye taking of St. Christophers
till ye late recovery of my health) was to send your Lordships ye
satisfactory news that I had put our Courts of Justice upon a
better foot than they were in when I arrived. I had brought
ye Assembly to a pretty good temper and we were reforming
our very bad Act, when I reced. orders from my Lord Nottingham
to prepare for ye assistance of Jamaica. The people here beleived
62 COLONIAL PAPERS.
1704.
these Islands were to be perfectly sacrificed and abandoned,
and were so out of humour, that for a good while I coud perswade
'em to doe nothing in public busnes ; but I have incessantly
pursued my point, and now send yr. Lordps. a much better Act
of Courts than is any where in the Indys, or perhaps any where
else. I have also brought 'em to a resolution of reviewing all
their Acts, and if I had continued here, I beleive yt. work wd.
have been finisht by ye next Spring, however I hope it will goe
forwd. ; I am now going to ye other Islands, and beleive I shall
easily get ye same Act past in all of them. I have more than
once prepard them good Acts, but they still made amendments
and stufft in all yt. was bad in ye Antigua Act, so that I found
till that was altered noe good was to be done any where else ;
to gain this point has cost me more pains than I shall trouble
yr. Lordps. wth. an acct. of ; 'tis at last well got over, the mer-
chant will have no further reason to complain, and my successor
will have little to doe but to see this Act, and yt. of ye Militia
duly executed to keep all things in good order ; I am told I may
expect Col. Ma thews here in May ; I cannot prepare for my
voyage under two or three months, and shall not be willing to
come over just before the winter, so I design to go up and settle
my affairs in Barbadoes, and shall not have ye honour of seeing
your Lordships before the next spring. Signed, Chr. Codrington.
P. 8. I have also perswaded the Assembly to go on wth. their
great fortification on Monks Hill, tho they think it very hard
and beleive they ought to be trusted with ye applycation of ye
4J per cent, as well as ye gentlemen of Barbadoes. Holograph.
3l pp. [C.O. 152, 5. No. 59 ; and 153, 8. pp. 267-270.]
[? Feb.] 149. Duplicate of preceding. Endorsed, Reed. 24th, Read
25th April, 1704. [C.O. 152, 5. No. 60.]
? March 1. 150. Board of Ordnance to the Council of Trade and
(Written Plantations. Enclose folloiving. Signed, C. Musgrave, Wm.
February.) Bridges. Endorsed, Reed. Read March 2, 170f. 1 p. Enclosed,
Office of iso. i. Estimate of the value of the stores required for
Ordnance. Barbados. [See Feb. 28.] Total, 7,667Z. 6s. 5d. 3 pp.
[C.O. 28, 7. Nos. 22, 22.L ; and 29, 8. pp. 392-395.]
March 2. 151. Council of Trade and Plantations to the Queen. We
Whitehall, humbly lay before your Majesty the draught of a Commission
for Col. Handasyd to be your Majesty's Captain General and
.Governor in Chief of Jamaica, together with an additional
Instruction relating to quarters for your Majesty's Regiments
there. Annexed,
151. i. Additional Instruction to Governor Handasyd. Whereas
by an Act past in Jamaica in June last, entituled an
Act for raising money for providing an addition to the
subsistance of our officers and soldiers, it is left to the
choice of the inhabitants either to receive the soldiers into
their houses or pay them 5s. per week for quarters,
AMERICA AND WEST INDIES.
63
1704.
March 2.
St. James's.
March 2.
Whitehall.
March 2.
St. James's
March 2.
Whitehall.
by which means the soldiers receiving this money mis-
spend it to the mine of their health and are frequently
left without quarters, it is our will and pleasure, that
you recommend to the Council and Assembly the case
of the said officers and soldiers, so that a clause may
be inserted hi a future Act, or other provision made
by which quarters may be secured to the soldiers, and
not money allowed them instead thereof, whereby the
forementioned inconveniences may be prevented.
[(7.0. 138, 11. pp. 151-153.]
152. Order of Queen in Council. Approving above Repre-
sentation, and ordering the said draught of a Commission for
Governor Handasyd to be prepared for H.M. signature and to
pass the Great Seal. Lord Nottingham is to prepare the said
draught of an Instruction, both which are hereunto annexed,
for H.M. Royal Signature and sent to the said Governor. Signed,
John Povey. Endorsed, Reed. Read March 9, 170f. 1 p. [C.O.
137, 6. No. 41 ; and 138, 11. pp. 153, 154.]
153. Council of Trade and Plantations to the Queen. We
humbly offer that the stores required [Feb. 28], or such part
thereof as the present state of the Revenue of 4J p.c. arising
in the Charibbe Islands may answer, be sent to Barbadoes for
the security thereof. [C.O. 29, 8. p. 396.]
154. Order of Queen in Council. Referring above Repre-
sentation to the Lord High Treasurer, who is to consider how
far the demand may be complyed with in relation to the present
state of the Revenue of 4J p.c. Signed, John Povey. Endorsed,
Reed. Read March 9, 170|. 1 p. [C.O. 28, 7. No. 23 ; and
29, 8. pp. 409, 410.]
155. Council of Trade and Plantations to Mr. Secretary
Hedges. Enclosing report upon petitions of Sir Richard Levett
etc. to be laid before H.M. 1 p. Note on back: H.M. approves
of the Report so far as yt. ye ships shall not be stopt for convoys :
letters to the Governors accordingly ; as to the press, care is
taken for that in a Genii. Standing Order to ye Governor and
Commander. Enclosed,
155. i. Sir Richard Levett and William Lone, in behalf of
themselves and the rest of the owners of the Dolphin
and Mermaid now lying in Bristol outward bound for
Callabar. These ships, carrying letters of marque,
and being lately arrived from Virginia, where they
delivered in Sept. last 546 slaves for the benefit
of the inhabitants there and in Maryland, and paid
also to the said Governments 546?. by virtue of an
Order of Councill in those Colonies made for all ships
bringing slaves there to pay 205. per head for every
slave towards the building of a Colledge and other
charitable uses, and were afterwards not permitted
64 COLONIAL PAPERS.
1704.
by the said Governours of Virginia and Maryland to
take in any of the growth of those Plantations, unless
they would continue there untill a convoy should present
from some other of your Majesty's Plantations, there
being no convoy there to convoy them to England,
altho' built on purpose to saile without convoy, nor
were permitted to clear in their ballast directly from
thence for England, but were obliged upon their being
cleared, to give bond to touch at the Island of Maderas,
which severe usage being of great discouragement to
your Majesties subjects adventuring their estates for
the support of your Majesties Plantations and to trade
in general, Petitioners pray for H.M. letters commanding
all and every of the Governours of your Majesties
Plantations in the West Indies or Virginia, into what
Port soever the said ships shall of choice put in or by
contrary winds be forced into, not to detain them beyond
the time their Commanders shall judge agreeable to
the interest of the owners, nor that any of their ship's
crew shall be lyable to be imprest by any of your
Majesty's Commanders of ships of war etc. 3J pp.
155. ii. Sir Richard Levett and William Lone to the Queen.
In a former petition laid before your Majesty in Council,
Feb. 18, the merits of which was referred to the Lords
Commissioners for Trade and Plantations by Sir
Charles Hedges, with an exception to so material a
part in it as related to the impressing of ye men, to
which they in all humility refer. Since so few ships are
concerned in the African Trade on account of the great
hazards which particularly attends that Trade more
than others, and the said Trade is of so great advan-
tage to your Majesty's Plantations in America, and
generally at the arrival of such ships from Guinea at
Jamaica, or any other of your Majesty's Islands etc.
in those parts, one half of the ship's crew are disabled
by sickness, Pray for protection for these ships ;
" Otherwise their Letters of Mart, which might make
them of service to your Majesty's Government under
ye force of their full complement of men, may render
them a sacrifice to the watchfulness of their enemys."
1 p. [C.O. 5, 3. Nos. 11, ILL, ii.]
March 2. 156. Council of Trade and Plantations to the Queen. Report
Whitehall. on above. Though it do's in the Generall very much contribute
to the security of a trade that all ships bound from the Plantations
to England do saile with convoy according to your Majesty's
Instructions to your Majesty's Governors in America, yet foras-
much as these two ships are designed for the coast of Guinea
and from thence to Jamaica, with negroes, which may likewise
promote the trade with the Spaniards, so that the time of their
arrival at, and departure from the Plantations cannot be so
well ascertained as to depend upon convoys, and they being light
AMERICA AND WEST INDIES.
65
1704.
sailors and of force, we have nothing to object why your
Majesty may not grant your orders to your said Governors
to permit the said ships to sail without convoy for the present
voyagge to be performed within 12 months. 2 pp. [(7.0. 5, 3.
No. 12.]
March 2. 1 57. Council of Trade and Plantations to Saml. Shepherd,
Whitehall. J n o. Gardner and Jacob Osterland. Recommend to them (the
merchants named by Mr. Clifford, Feb. 29) the stating of his
accounts. [C.O. 389, 36. p. 178.]
March 2.
Nevis.
1 58. Col. Codrington to Mr. Popple. I gave ye Lords trouble
enough by Col. Whetham for some time, and they wd. scarce
chide me again for my short accts., if I were to stay here never
so long. I have finisht an Act of Courts in this Island, tho' wth.
some difficulty ; wt. good effects it will have I know not, tho'
ye Cheif Justice I have named here is ye man of ye four Islands
I can most depend on for his steddines in ye discharge of his duty.
The constitution of these Islands must be wholy altered before
ye English trade be duly supported. This I am satisfyed of by
melancholy conscience, and shall think it my duty to write very
fully on this head to ye Lords. I should have chose rather to
have laid my observations before them when present, but I have
yet reed, noe licence to leave these parts, and before Col. Mathews's
arrival, I doubt ye summer will be spent etc. In ye meantime
as a Private Gentleman and Planter I shall endeavour to be
as serviceable to ye respective Governors, and to promote H.M.
and ye English interest wth. as much zeal and sincerity as if I
still were Commander here. If I know myself right, I act by
principles, and as I have satisfyed my own conscience and honour
in every step I have made since I came here, I beleive I shall
be able to satisfy everyone else at my arrival till then my inno-
cence will support me, and ye hearty contempt I have for my
declard enemys as well as false and treacherous Friends leaves
me a tranquility which I beleive their guilt makes them want.
I am now going to St. Kitts, and will still use my best endeavours
to reduce that People to some sense of their duty, but I can
promise myself noe great succes there, for they are a parcell of
Banditts, and wd. willingly be without government, religion,
or any appearance of order but this will require a large and
particular acct. wch. ye Lords shall know at my return to Antigua
in my farewell letter to them. You will please to inform ye
Lords yt. before my leaving yt. Island, I put Peter Lee, Esq.,
into the Councill, wch. I had long since done, but yt. I was in
hopes I should have perswaded him to have continued Chief
Justice, for wch. post he is certainly ye fittest man, but I coud
not prevaile on him, nor wd. he serve in ye Assembly, so I was
unwilling so usefull and so honest a Gentleman shoud be wholy
lost to ye public. Signed, Chr. Codrington. Endorsed, Reed. 9,
Read 14 June, 1704. Holograph. 2J pp. [C.O. 152, 5. No. 61 ;
and 153, 8. pp. 317-319.]
Wt. 2710.
C 5
66 COLONIAL PAPERS.
1704.
March 3. 159. Governor Dudley to Mr. Popple. The Centurion has
Boston. stayed till this date, and being lately returned from Piscataqua
I enclose following. I shall go on to do my duty as H.M. has
commanded, and have assured Mr. Allen, if he bring forward
any try alls, I will be in the Province to see the proceedings just
and open, and the verdict special in any case he shall desire, as
farr as is in my power. I have also inclosed Major Hilton's
march, humbly to acquaint their Lordships the hardship I have
to march after the Indians. Since his return I have now 300
men in the forest upon snow shoes in three partyes in other
parts of the country. The Assembly of this Province will be
very uneasy under the charge, but I cannot suffer the fronteirs to
be insulted as they will be if I march not after them. I am in
great want of small armes for both the provinces, being dayly
lost and spoyled in the service and cannot be helpt. I thank
your favour to myself and this government etc. Signed, J. Dudley.
Endorsed, Reed. April 29, Read May 2, 1704. Holograph. 1 p.
Enclosed,
159. i. Journal of Major Hilton's March against the Indians.
Feb. 9, we marched 16 miles. Discovered nothing.
Feb. 10, we marched 21 miles and discovered two of the
enemy's camps. Judged they might hold 40 or 50
Indians. Feb. 11, marched about 30 miles. Discovered
2 similar camps. Feb. 12, marched very early still
upon the enemy's track, and came to Saco River about
8 a.m., judged by the Pilots to have fal'n upon the
River about 50 miles upwards, having before we came
to the River travailed about 18 miles, where we found
the greatest part of the enemy had left the River to the
Southward, we sent out a scout to discover further
after them. Feb. 13, we found they altered their
course again etc. We left the Eastern track and made the
best of our way to Pegwockit Fort etc. Feb. 16, we found
it a large place of about an acre of ground taken
in with timber set in the ground in a circular form with
Ports, and about 100 wigwams therein, but had been
deserted about 6 weeks as we judged by the opening
their barnes where their corn was lodged, and that they
deserted it in hast upon some alarm, because we found
their corn scattered about the mouths of their barnes.
Feb. 17-23, marched homewards past Wells and Saco.
The marches vary from IS to 30 miles a day. The winter
is the onely time ever to march against the Indian
enemy, both for their discovery and the health and
least danger of our People, etc. Signed, Winthrop Hilton.
Note by Governor Dudley : This march was made upon
the snow a yard deep, every man in snow shoes, with
20 dayes provisions upon small Land sleeds carrying
each 4 men's provisions, and of 300 men no man returned
sick. Endorsed as preceding. 2J pp.
159. ii. Governor Dudley's Speech to the Assembly of New
Hampshire, Feb. 20, 1 70|. I am glad that notwithstanding
AMERICA AND WEST INDIES. 67
1704.
the troubles with the Indians no part of this Province
hath had any impression from their barbarous hand,
and I am tKe more sensible of the Gentlemen's services
that have assisted me in the raising the Voluntiers
now sent out, wch. are truly every fourth man fitt to
march in the Province, wch. I shall humbly represent
to H.M. As soon as is possible, I shall order the inci-
dentall charges to be layd before you for their advance,
and the Treasurer very justly presses me to desire you
to raise what is proper to pay your engagements and
debts, and a just induction to you so to doe is, that
nothing hath been raised in this Province by a tax this
year, when your Neighbours pay 12 or 15 single rates
for the necessary service of the year. I have also to
communicate to you H.M. commands referring to the
Fort at Newcastle, that it be perfected in all poynts.
The date of those letters may allow you to suppose
that the account of your grant of 500Z. for that service
may not come to hand, however I am bound to com-
municate that letter, and it will give you a good demon-
stration of H.M. care of the preservation and security
of her good subjects here residing, and encourage you
in what is further wanting for that service, to do your
duty. I think it also proper to acquaint you with
H.M. commands which I have received refering to
Mr. Allen's title to the waste of this Province etc.,
nothing will more tend to your quiet and repose, nor
to H.M. just satisfaction than to have an amicable
and quiet issue in that matter. The last judgment
upon the appeal makes you sensible of H.M. equall
administration of Justice to all Her good subjects,
and I desire your regard to H.M. Directions to what
remaines may give a like instance and satisfaction of
your obedience. I have also to recommend to you
what the L.G. hath already offered to the Council,
that lodgings may be provided for him on the Great Island
near the Fort, until he may have a lodging in the Fort
itself e, which will be most proper. It can amount
to but a small matter by the year, and will shew your
respect to the Government. Endorsed, Reed. April 29,
1704. 1J pp.
159. iii. Answer of the Assembly of New Hampshire to the
above, Feb. 21, 170|. The Representatives are always
glad when they may attend you in General Assembly,
being sensible of your great care for H.M. service and
the good and welfare of this Province. We humbly
thank God for our preservation hitherto, during the
late and present troubles, and attribute much to your
constant care and sollicitude for us, and what the
Gentlemen here have done to your assistance in raising
Voluntiers is no lesse acceptable to us than to your
Excellency, and we thankfully accept your assurance
68 COLONIAL PAPERS.
1704.
that it shall be represented to H.M. As to the supply
of the Treasury for the payment of debts, the time of
year drawes near when the Revenues arising by a duty
on lumber will shew itself ; and if that fall short at
the year's end, we shall account the Province debts
our owne, and take effectuall care for payment of what-
ever appeares justly due. As to the great taxes your
Excellency intimates has been layd this year upon
our Neighbours of the Massachusetts, we presume it
has principally been occasioned by the war, and we
have taken care to support that charge by having our
men alwayes ready with sufficient subsistence for so
many as at any time your Excellency shall see cause
to command forth against the present enemy. We are
sensible your Excellency is not ignorant of our poverty
by which we are disabled raising the necessary fortifica-
tion for this port, and that the 500Z. raised beares some
proportion to our present ability, and hope the Province
will alwaies doe theyr utmost for theyr own preservation,
and humbly pray that you will farther represent the
matter to H.M., that by some meanes we may be
assisted in that great charge, and that great Ordinance,
armes and ammunition may be supplyed to us. As to
Mr. Allen's title etc., we pray that it may be laid before
H.M. that we are very sensible of H.M. princely regard
and justice to Her most dutiful subjects of this Province
in the late triall between Mr. Allen and Mr. Waldron,
which has forever obliged us to a sense of and resolution
in our duty and obedience to H.M. ; that this Province
is at least 60 miles long and 20 miles wide, containing
1,200 square miles, and that the Inhabitants have
only claimes to the property of such land as is contained
within their Town bounds, which is lesse than Jrd part
of the Province, and has been possessed by them and
theyr ancestors for more than 60 years, but have
nothing to offer as a greivance if the other frds be
adjudged to Mr. Allen, and shall be glad to see the same
planted and setled for the better security and defence
of the whole, withall humbly desiring it may be
considered how much time, blood and treasure has been
spent to settle and defend this part of H.M. Dominion,
and that the cost and labour bestowed thereon farre
exceeds the present true value of the lands, so that
we humbly hope H.M. intention is not to take off all
herbage, timber and fewell from the inhabitants, without
which they cannot subsist, and lesse than the bounds
of theyr present Townes, which were but foure in
number untill of late two were divided, will not give
feed for theyr cattle, nor timber and fewell necessary,
it being not usuall in those plantations to fence in
much more of theyr land than serves for tillage, leaving
the rest infenced for the feed of their cattle in common.
AMERICA AND WEST INDIES. 69
1704.
We are well assured of H.M. gracious regard to all her
good subjects of this Province, and humbly prostrate
ourselves at her feet in this affair of so great concern-
ment to us. As to providing lodging for the L.G., our
poverty is such we are not able to doe what is necessary
for our own preservation and defence ; however, if
your Excellency sees meet to appoynt two of the Council,
we will nominate two of this House to joyne with them
as a Committee to consider that matter, and make
report to the next session of the Assembly. We pray
your Excellency to continue your care of us, as hitherto,
that we may not be insulted by the enemy, and that our
principall Gentlemen, such as the Judges, Justices of the
Peace etc. may not be exposed as private sentinells, and
sent out upon the Scout in a small number after the enemy,
as some have lately been in your Excellency's absence,
to the great hazard of their lives, without any prospect
of service to H.M. Copy. Signed, Mark Hunting,
Clerk. Endorsed, Reed. April 29, Read May 2, 1704.
[(7.0. 5, 863. Nos. 85, 85.i.-iii. ; and (without
enclosures) 5, 911. pp. 253-255.]
March 3. 1 60. R. Warre to [Mr. Popple ?]. Enclosing following.
Signed, R. Warre. Endorsed, Reed. Read March 3, 170|. 1 p.
Enclosed,
160. i. Memorial from M. Van Vryberge, Envoy Extraordinary
from the States General to H.M., relating to Trade
with the Spaniards. The Directors of the [Dutch West
India] Co. complain that two English privateers, Frank
Johnson and Thomas Colby, with commissions from the
Governor of Jamaica, seized last October six vessels
belonging to subjects of the States General inhabiting
Curassau, on the pretext that they were laden with
Spanish goods. -Argues that trade with the Spaniards
in the West Indies ought to remain open to the subjects
of H.M. and the United Provinces, in order to secure
their support, and weaken their alliance with the French.
Besides it is only through this trade that England
and the United Provinces can obtain bullion, whilst
the Spanish galleons are enabling France to multiply
specie, etc. Signed, M. Van Vryberge. London, Feb. Jf ,
170j. Endorsed as preceding. French. 5 pp.
[C.O. 323, 5. Nos. 42, 42.i.]
[March 3.] 1 61 . List of names to be inserted in the Commission of
Inquiry relating to the Mohegans. Same as Commissioners
appointed March 15, q.v., except that T. Povey is not mentioned.
Endorsed, Reed. Read March 3, 170j. 1 p. [C.O. 5, 1262.
No. 71.]
March 4. 162. Mr. Addington to Mr. Popple. The ship for England
Boston, having been detained by a misfortune befalling their convoy
70
COLONIAL PAPERS.
1704.
I enclose Journal of Assembly, Sept. ; and Minutes of Council
[of the Massachusetts Bay], May 20-Oct. 21, 1703. Signed,
Is. Addington. Note in margin. The Journal not come to
hand. [C.O. 5, 911. p. 259.]
March 4. 163. H.R.H. the Lord High Admiral to Col. Mathew.
Enclosing copy of an article of the Treaty lately concluded with
Algiers, to the end that Governors of H.M. Plantations in America,
as well as the Commanders of all H.M. ships, may give certificates
to the Masters of Merchants ships built in the Plantations and
to such prizes as shall be taken. Signed, George. Endorsed,
Reed. Read March 16, 170}. Copy. 1 p. [C.O. 152, 5. No. 62 ;
and 153, 8. pp. 260, 261.]
March 5. 1 64. Lt. Gov. Handasyd to the Council of Trade and
Jamaica. Plantations. Acknowledges duplicates. I am of opinion it will
be of great advantage to the Crown to settle a Governor in the
Bay of Campeachee. Recommends writer of enclosed as a very
substantial planter and merchant here, and fit for that imploy-
ment etc. Having had no answer of mine in relation to the
dissolution of the Assembly, and the time for quartering the two
Regiments expiring May 1st, I have been obliged with the advice
of the Council to dissolve the former Assembly, and call a new
one to meet the first Tuesday of April, I having found that it
was the general opinion of the Island that they should be dis-
solved, there being above a third of the Members not admitted
to sit in the House, and by dissolving of them I hope to unite all
former divisions, by which means H.M. and the Island's business
may with all chearfulness be brought to a good conclusion. I
have not yet had any return of the sloop sent to the Spanish
Governors conformable to Lord Nottingham's Orders, which
makes me apprehensive that she is either lost or taken by the
enemy. Two of the men of war here are in very bad circum-
stances and very ill mann'd, which obliges me to supply the
defect of sailors with soldiers, to prevent the pressing of the
inhabitants, which would very much discourage them, therefore
I hope that your Lops, will take care that other ships may be
sent, and sailors to supply the defects, I being wholly a stranger
to the methods of the Admiralty Office. The Island is at present
healthy, and I thank God the enemy has got no advantage of us,
tho' they have made several attempts by their privateers, and
have within these 10 days attempted with 3 privateers to land
and take off negroes, but they were all taken, with a sloop of
ours retaken, and 120 French and Spanish prisoners, who are
here in gaol, and shall be sent to England by the first opportunity,
which I hope has ruined then- designs against us. The methods
I have taken with our privateers I hope will prevent all their
attempts and surprizes for the future, I not granting any privateer a
commission but upon condition that he cruize round the Island
and call in at four several places, leaving a letter for me at each
place, what he has seen or done, which has proved of that con-
sequence that all these privateers were taken by one of 'them.
AMERICA AND WEST INDIES. 71
1704.
As to what exploits our men of war do, I can say but little to their
advantage. We had a small shake of an Earthquake the last of
Feb. about 10 a.m., but I do not hear of any damage it has done.
We are dayly threatned by our enemies, but I am not in the
least apprehensive they are in a condition, but in case they
should, I can assure yr. Lorps. we will not part with our Beef
and puddin without bloody noses, we at present not having
much to spare. Signed, Tho. Handasyd. Endorsed, Reed. 24th,
Read 25th April, 1704. Addressed. Holograph. 2J pp.
Enclosed,
164. i. Abstract of preceding. 2 pp.
164. ii. John Lewis to Lieut. Governor Handasyd. Kingston,
March 2, 1703. The Bay of Campeache, where the
English cut Logwood, having several enterances, requires
some charge to defend it, to prevent our neighbours
receiving the same advantage as those of H.M. subjects
that are the first settlers, and to carry on soe good and
profitable a trade as it now is and has bin of late to
the Crown and this Island. Proposes (1) That a Com-
mission be granted to some person there residing in
time of war, that H.M. may have title in time of Peace.
(2) That an Act of Parliament be made that noe vessel
shall load any logwood until bond be given that the
wood so loaded shall be landed in some of H.M.
Plantations or England. (3) That T ^th of all logwood
cut shall be employed in fortifieing and building a galley
or two for the defence of the place etc. (4) That a
certain sum of money shall be employed by such a number
of people as your Honour shall think fit, and the Logwood
aforementioned shall repay them with reasonable profits
as shall be suteable incuridgement for the undertakers.
Signed, John Lewis. Endorsed as letter. 1J pp.
164. iii. List of prizes taken in Jamaica, May 4, 1702 March 1,
170|. 41 vessels ; 20 French, 10 Spanish ; the rest
Danish or Dutch trading with the enemy. Value as
appraised, Total, 17,914/. 2s. Wd. Signed, Bar. Jenkins,
Reg. Adm. Endorsed, Reed. 24, Read 25 April, 1704.
One large double p. [C.O. 137, 6. Nos. 42, 42.i., ii., v. ;
and (without enclosures) 138, 11. pp. 257-262.]
March 5. 165. Lt. Gov. Handasyd to Lord Nottingham. Repeats
part of preceding and other letters. Signed, Tho. Handasyd.
Endorsed, R. Ap. 23. 1J pp. Enclosed,
165. i. List of parishes of Jamaica with Ministries vacant.
| p. [C.O. 137, 51. Nos. 2, 2.i.]
March 6. 166. The Queen to Governor Nicholson. Warrant to pay
St. James's. Stephen Thomson, Attorney General of Virginia, an additional
60Z. per annum (making in all 100Z.) out of the Quit-Rents.
Countersigned, Godolphin. Endorsed, Reed. March 22, 170f.
1J pp. [C.O. 5, 1314. No. IA.]
72
COLONIAL PAPERS.
1704.
[March 7.] 167. Draught of a Charter for importing Naval Stores,
presented to the Board by Mr. By field and others, Members of
the Pennsylvania Company. Endorsed, Reed. Read March 7,
170|. 10 large pp. [0.0. 5, 1262. No. 72.]
March 9. 1 68. Order of Queen in Council. Referring enclosed petition
St. James's, to the Council of Trade and Plantations to examine and report
upon. Signed, John Povey. Endorsed, Reed. Read May 15,
1704. 1 p. Enclosed,
168. i. Petition of Peter Vanbelle to the Queen. Praying
that his case may be ordered to be enquired into by
the Governor of the Leeward Islands and that he return
a true state thereof together with copys of proceedings,
in order to his being heard before H.M. in Council.
Copy. 3 pp.
168. ii. The case of Peter Vanbelle, as above. Copy. 7 pp.
[C.O. 152, 5. Nos. 63, 63.L, ii. ; and 153, 8. pp. 289-
304.]
March 9. 1 69. Council of Trade and Plantations to the Queen. We
Whitehall, have examined the petition of James Cowse [Feb. 23], and humbly
offer that your Majesty by your letter to the Governor and
Council of Barbados take notice of the delays and obstructions
of Justice frequently complained of in matters where any of
your Majesty's Council or Judges in that Island are concerned,
as in the case of the Petitioners, and require the Governour to
take care that the administration of Justice be expedited in this
particular, in such manner as the Law requires, and declare that
if William Sharp or any other of your Majesty's Council or Judges
for the future do or shall, under the protection of that authority
impead the course of Justice in any case whatsoever, your
Majesties Governor be impowered and directed to suspend
such persons from the said Council or place of Judge until the
cause in which such persons shall be concerned be determined ;
and that thereupon the said Governour do give your Majesty an
account thereof, that in case any wilful delay do appear to your
Majesty from such Councillor or Judge in the proceedings of
Justice, your Majesty may remove the said Councillor or Judge
accordingly. [C.O. 29, 8. pp. 406-408.]
March 9. 1 70. Order of Queen in Council. Approving above Repre-
St. James's, sentation. A letter to the Governor and Council of Barbados
to be prepared for H.M. signature accordingly. Signed, John
Povey. Endorsed, Reed. Read March 16, 170f. 1 p. [C.O. 28, 7.
No. 24; and 29, 8. pp. 411, 412.]
March 9.
Whitehall,
171. Council of Trade and Plantations to the Queen. Report
upon the complaints on behalf of the Mohegan Indians (sum-
marised). Concludes : Whereupon we humbly offer our opinion
that your royal letter be writ to the Government of Connecticut,
and a Commission granted according to the opinion of your
Majesty's Attorney General unto your Majesty's Governour of
AMERICA AND WEST INDIES. 73
1704.
the Massachusets Bay and other persons whose names are here-
unto annexed, any five of whom to be a quorum, and the Governour
or Lieutenant Governour to be one. And whereas the said
Indians have not the use of money, whereby the charge of such
a Commission and other dispatches may be defrayed, and that
your Majesty is pleased by presents or otherwise to gratify such
Indians as are under your Majesty's Dominion, we humbly offer
that such Commission be past, with the other necessary dispatches,
at your Majesty's charge, which may be a means to prevent
their defection to your Majesty's enemys of Canada. Annexed,
171. i. List of the names to be inserted in the Commission :
Joseph Dudley, Esq., Govr. of the Massachusets Bay ;
Thomas Povey, Esq., Lieut. Govr. ; Edward Palms,
Esq., of New London in Connecticut ; Francis Brinly,
Esq., of Rhode Island ; Giles Silvester, Jahleel Brenton
of Boston, Esqrs. ; Nathaniel Byfeild of New Bristol
in the Massachusets Bay, Gent. ; Thomas Hooker of
Hertford ; James Avery, John Avery, John Morgan
of New London in Connecticut ; Thomas Lepingwell of
Norwich. [(7.0. 5, 1290. pp. 453-457.]
March 9. 172. Order of Queen in Council. Approving above Repre-
St. James's, sentation and ordering the Council of Trade and Plantations
to prepare draughts of letters for H.M. signature to the Governors
named, together with the Minutes of a Standing Commission
to be prepared by Mr. Attorney General as proposed ; the said
Commission and other necessary dispatches to be past and
expediated at H.M. charge in favour of the said Indians
accordingly. Signed, John Povey. Endorsed, Reed. Read
March 13, 170|. 1J pp. [(7.0. 5, 1262. No. 73 ; and 5, 1290.
pp. 458, 459.]
March 10. 173. Capt. Gardner to the Council of Trade and Plantations.
Prays for Report on the Act of Jamaica granting to the heir of
Governor Selwyn 2,000/. in consideration of his and family's
charge of transportation. Signed, Robt. Gardner. Endorsed,
Reed. Read March 16, 170|. | p. [C.O. 137, 6. No. 43 ; and
138, 11. pp. 154, 155.]
March 11. 174. Mr. Lowndes to Wm. Popple. The Lord High
Treasury Treasurer desires enclosed may be laid before the Council of Trade
3rs ' and Plantations, and that their Lordships will obtain such
directions from H.M. to the Governors as may be effectual for
redressing the mischeife complained of. Signed, Wm. Lowndes.
Endorsed, Reed. 11, Read 16 March, 170|. Addressed. Sealed.
1 p. Enclosed,
174. i. Commissioners of Prizes to Wm. Lowndes. Prize
Office, Feb. 22, 170|. Enclose the following to be laid
before the Lord High Treasurer. Signed, Wm. Gosselin,
Edw. Brereton, Geo. Morley, Ant. Duncombe. 1 p.
Enclosed,
74 COLONIAL PAPERS.
1704.
174. ii. Commissioners of Prizes to the Lord High Treasurer.
Your Lordship having approved of divers persons
to act as Agents for prizes in H.M. Plantations, we
have issued our deputations to them accordingly etc.
nevertheless several of them have been interrupted
by the Governors. We therefore humbly desire that
the Council of Trade may be ordered to give directions
that our officers may be permitted to take into their
possession all such vessels as already have been or
hereafter may be taken as prize etc. Signed, Wm.
Gosselin, Geo. Morley, John Anstis, Edw. Brereton. 1 p.
[C.O. 323, 5. Nos. 41, 41.i., ii. ; and 324, 8. pp. 399-401.]
March 12. 175. Lt. Governor Evans to the Council of Trade and
Philadelphia Plantations. Upon my arrival I found affaires relating to the
11 ^ ^ in no worse or( ler nor altogether so bad as might be
reasonably expected from the oppositions that have been made
to the Administration and the advantages that have been taken
from the weaknesse of Governmt., first thro' the want of the
Royal Approbation to Coll. Hamilton in his life time, and next
thro' the incapacity of the Council upon his decease fully to
answer all the requisite ends of Government. All the quarterly
Courts of the Province have been held since my arrival upon
their old Commissions, of which I have renewed none as yett,
being desirous to bring all matters in a general way to a better
regulation concerning our Courts of Justice, and the effectual
establishment of H.M. subjects in their Rights and Priviledges,
of which sufficiently to be appriz'd there requires some time
and consideration, but will now 'tis hoped by reason of H.M.
gracious approbation be much facilitated, the former opponents
promising all compliance, and to be peaceable and easy for the
future etc. Since my arrival (Feb. 2) I have made it my businesse
more carefully to inspect that important branch of my duty,
Trade, and shall endeavour exactly to observe H.M. commands.
I have allso enquired into the failures that have given occasion
of complaint, but find the merchants very bold in challenging
the officers to tax them with unfairnesse, and with confidence
assert themselves to be the most free from indirect practices
on that score of any of H.M. Colonies in America equal to this
in trade. What truth there is on either side, I shall be more
able to judge when time shall give more experience. I have
seen a letter from your Lordships' Board to the Honble. the
Proprietor by H.M. Command directing him by his Lieut, to
press the raiseing of that summe of money required from this
Province by his late Majesty's Letter for the assistance of New
York. The letter was sent to Coll. Hamilton after his decease,
and till my arrival nothing could be done, but the next Assembly
that sits, I shall presse that affaire to the utmost, as also what
I find enjoyn'd concerning the defence of this place now in a
time of war etc. Signed, John Evans. Endorsed, Reed. Sept. 8,
Read Oct. 19, 1704. Holograph. 4 pp. [C.O. 5, 1262. No. 74 ;
and 5, 1291. pp. 46-49.]
AMERICA AND WEST INDIES. 75
1704.
March 13. 176. William Penn to [? Council of Trade and Plantations].
[Lond. A brief Memorial of several matters of complaint against
the 13^ Coll. Quary and others more largely exprest in the pacquet
(c. March) laid before you, and my humble request thereupon. 1st. That
170f.] he has aggravated divers things against us in reference to the
Laws of Trade and Navigation, either where the Attorney General
and Judges of England have given their judgements for us, or
where we, for the encouragement of Trade and preventing of
ruin to the parties, have forbore an immediate confiscation of
ships, meerly upon clearings or registry by them undesignedly
left behind, they giving sufficient security for ships and cargos
with all demands and damages. 2. That when upon his com-
plaint of the want of a Militia, and that people were tried for
life without oaths, Coll. Hamilton to accomodate that matter
gave Commission for raising a Militia, and to such Judges
as could take oaths to try by juries that were of the same senti-
ments, he or his adherents as strenuously discouraged what
they had before complained of, least that occasion they took
against the Government should thereby be removed. 3. That
he has manifestly endeavoured to disaffect the Lower Counties
with the Upper, tho they first desired the Union, to the great
disorder of the publick and unspeakable prejudices to me and
my familly, since they generally refuse to pay their quit-rents,
tho some are very many yeares in arrear ; who no longer since
then 99, were the People that in an Address to the late K. William,
vindicated the Province against Coll. Quary's suggestions of
Illegal Trade, and among whom (if any) it must needs have
laid, they being the great Tobacco-planters under that Govern-
ment. But I must own that when I prest the Law we made
at that time against Illegal Trade, so much aggravated by that
gentleman, they began to sowr to me, which was heightened by
him, saying I was too strait to trade, for he even told me so him-
self on that occasion ; tho there was no other way to prevent
what he had complain'd of, in so wilde a bay and so full of creeks
as that of Delaware. 4. Nor is this enough to content him and
his secret agent Moor, who in good Measure has had his Bread
from me, and that at the instance of Coll. Quary too ; but not
having the Patience of staying till he received an account how
matters went between this Board and myself relating to the
Government, by way of Anticipation at the head of his pack'd
Vestry complemented the Ld. Cornbury with an Address, wherein
they hope by their Applications they shall prevail with the
Queen to extend the limits (as they phrase it) of his Government
over them, that they may enjoy the same Blessings with others
under his Authority ; a Passage one would not expect from
those that pretend to be lights and examples of obedience and
submission to Government. These things I complain of, and
I hope you think I ought to do so. Redresse is in your power,
and therefore I beseech you effectually to apply it, be it for
Reprehension or Advice or both that we may no longer be troubled
with their little spites to sei;ye Private Turns. Of which I desire
a dupplicate. Signed, Wm. Penn. Endorsed, Reed. Read
76 COLONIAL PAPERS.
1704.
March 13, 170f. 3 pp. [C.O. 5, 1262. No. 75; and 5, 1290. pp.
459-462.]
March 15. 177. Council of Trade and Plantations to the Earl of
Whitehall. Nottingham. Enclosing draught of Instructions to Privateers
with such alterations as we think proper with relation to Spain
in the present conjuncture, to be laid before H.M. Annexed,
177. i. Draught of Instructions to Privateers referred to in
preceding. (These were not sent : see May 2.) [C.O. 324,
8. pp. 380-398.]
March 15. 178. William Popple, jr., to Sir E. Northey. Enclosing
Whitehall, draft of a Commission of Inquiry [see March 9] relating to the
Mohegan Indians, " that you may prepare such a Commission
in order to it's being sent to New England." Annexed,
178. i. Draft of Commission referred to above. [CO. 5, 1290.
pp. 463-467.]
March 16. 179. W. Popple to Sir E. Northey. The Council of Trade
Whitehall. an d Plantations desire your opinion re Gilligan [see Feb. 2] as
soon as conveniently you can. [C.O. 29, 8. p. 410.]
March 16. 180. Sir John Colleton to [? William Popple]. I obtained
Stratford, the removal of James Colleton of Barbados from the office of
Judge when my cause was to be heard. [See Cat. 1703.] Now
he endeavours to get himself made one of ye Council, whereby
he will be one of the Judges to hear my cause and defeat all my
proceedings against him. Petitions against this appointment.
Signed, Jon. Colleton. Endorsed, Reed. Read March 21, 170|.
1 p. [C.O. 28, 7. No. 25.]
March 16. 181. Council pf Trade and Plantations to the Earl of
Whitehall. Nottingham. Enclosing following [cf. March 9] for H.M.
signature. 1 p. Annexed,
181. i. The Queen to the Governor and Company of Con-
necticut. Whereas complaints have been made to
us in behalf of the Mohegan Indians, that you have
by an Act or Order of your General Court or Assembly
taken from the said Indians that small tract of land
which they had reserved to themselves upon the first
settlement of our subjects in our Colony of Connecticut,
and whereas it has been represented to us that the said
Act or Order is unjust and may be of fatall consequence
by causing a defection of the said Indians to our enemies
and otherwise, we have thought fit by Commission
under our Great Seal of England to constitute and
appoint our Trusty and Well-beloved Joseph Dudley,
Esq., our Captain General and Governor in Cheif of
our Province of the Massachusetts Bay, and others
therein named, Our Commissioners for inquiring into
the matters aforesaid, to which Commission we strictly
charge and command you to pay all due obedience,
AMERICA AND WEST INDIES.
77
1704.
and it is Our further Will and Pleasure that if upon
enquiry it be found that the said Indians have been
deprived of their lands you immediately cause them
to be put into possession thereof, notwithstanding
the foresaid Act or Order, and that neither you nor
any by your Authority do molest or oppress the said
Indians for the future. So we bid you farewell. Given
at our Court at St. James's, March 23, 170f. Counter-
signed, Nottingham. [C.O. 5, 751. No. 49 ; and
5, 1290. pp. 468-470.]
March 16. 182. William Popple to Josiah Burchet. Col. Mathew
Whitehall, having communicated to the Council of Trade and Plantations
an Instruction from H.R.H. to himself upon an Article of a
Treaty lately concluded with Algiers relating to Prize-ships,
they beg to be informed whether the like Instructions have
been sent to the other Governours. [C.O. 324, 8. p. 402.]
March 16. 183. J. Burchett to Mr. Popple. In reply to preceding.
Admiralty The like Instructions have been or will be sent to the Governours,
>ffice - etc. Signed, J. Burchett. Endorsed, Reed. Read March 17,
170J. Addressed. Sealed. 1 p. [C.O. 323, 5. No. 43; and
324, 8. p. 403.]
March 16. 184. Council of Trade and Plantations to Governor Lord
Whitehall. Cornbury. Since ours of July 29, we have received letters from
your Lordship of June 30, July 12, Aug. 5, Sept. 9 and Oct. 7 last,
relating to New Yorke, and one of Sept. 9 relating to your Govern-
ment of New Jersey, which we shal answer particularly by
itself. Your two letters of June 30 being duplicates and the
originals not received, several papers referr'd to therein are
wanting, a list whereof is here inclosed. Upon this occasion
we must advise your Lordship, that with the duplicates of your
letters you send duplicates of the papers therein referr'd to, the
necessity whereof you will perceive by our want of the inventory
of stores of war remaining, which, as your Lordship observes,
would have shewn us the ill condition that New Yorke is in,
in case of an attempt of the enemy. As to those particulars
your Lordship writes are wanting for the use of the four Com-
panys, your Lordship's Agent, Mr. Thrale, has received H.M.
orders to provide the same, the value thereof to be deducted
out of the pay of those Companys according to the practice of
the Army, which will oblige them to be more carefull of their
arms hereafter. We shall represent to H.M. your Lordship's
care in putting in repair the several fortifications at New Yorke,
and are glad to perceive the Assemblys have contributed 1,500/.
towards the raising two batteries in the Narrows. If your
Lordship have got up one of the said batteries the last summer
as you expected, your Lordship's management therein will be
an argument to induce the Assembly to grant the remaining
of what is necessary to accomplish that work. But we must advise
78 COLONIAL PAPERS.
1704.
your Lordship to streighten your expences as much as possible
in reference to fortifications and stores of war, for that in this
time of war and extraordinary charges incumbent on the Govern-
ment here it will be very difficult to obtain any provision of
stores from hence without paying for them. We expect according
to your Lordship's promise an abstract of the number of
inhabitants in the Province of New Yorke. We are laying
before H.M. what your Lordship writes in relation to illegal
trade in Connecticut and Rhode Island, their harbouring of run-
away seamen, soldiers and servants, and their refusing to comply
with the quota. We observe your Lordship's care in keeping
out scouts and spies to get intelligence of the designs of the
French, and the advantage the Province has received thereby
we doubt not will have induced the Assembly to grant a sufficient
detachment for that and other services. Your Lordship's pro-
posals for conquering Canada lye before H.M. We have under
consideration the several Acts received with your Lordship's
letter of July 12 last, and expect, according to your Lordship's
promise, an account of the inconveniencies feared from the 5th
of the said Acts, and therefore shal suspend our determination
thereupon till we hear further from your Lordship. We also
expect your Lordship's particular answer to what we writ you
Jan. 26, 170f, upon a list of Acts past during the Administrations
of Lord Bellomont and Capt. Nanfan, not being able to report
upon those Acts till we have your answer, which we therefore
desire may be no longer delayed. We hope by your Lordship's
management of the Indians, at your meeting of them in Sept.
last, they will have been per s waded to send away the French
Priests that were amongst them, and to renew and confirm their
treaties of alliance and friendship with H.M. We send you
two letters from Lord Nottingham relating to the Spaniards,
and a letter from H.M. with H.M. Declaration and Order relating
to the Officers of the Admiralty and Prizes. Upon our
representation to H.M. relating to the want of Protestant Ministers
to reside amongst the five nations of Indians, two have been
appointed for that service, and we hope they may be ready
to sail with this convoy. Mr. Champante having represented
to us by Memorials, copies whereof are here inclosed, that
Capt. Nanfan lies under great hardships by reason of arrests
for the non-payment of bills he had drawn for the money disbursed
by him in subsisting the soldiers four months and a half longer
than subsistence had been received for them here, and that your
Lordship's Agent has in his hands the money which should have
answered those bills ; and not having received from your
Lordship any account of this matter, we sent for Mr. Thrale,
who communicated to us an extract of your Lordship's letter
to him of Sept. 12 last, upon which we observe that tho 5 your
Lordship may charge Capt. Nanfan as an accountant with the
whole pay of the four Companies, yet if you are satisfyed that
neither he nor his Agent have received the whole, he ought not
to be detained, especially if he have given security, as it is
alledged, in 5,OOOZ. to answer the Queen's demands. We have
AMERICA AND WEST INDIES. 79
1704.
received a letter from Capt. Nanfan of Oct. 11 last, wherein he
acquaints us that his accounts are settled and allow'd right,
with a great ballance due to him, and yet he is kept in goal for
' the foresaid bills, altho' your Lordship acknowledges your Agent
has received the money here, which he says ought to be apply 'd
to the discharge of those bills, and that in case that be not
speedily done, he and his family will be ruined. Whereupon we
observe to your Lordship that if his allegations be true, we think
it is a great hardship ; and therefore such measures ought to be
taken as are agreable to justice ; but if on the other hand, what
he alledges be not true, then your Lordship ought to demand
of him such an account as he will stand by, and send us a copy
thereof with your observations thereupon, and your reasons
against allowing it, if you have any. As to what your Lordship
writes relating to the Lady Bellomont's accounts, we desire
your Lordship to use your utmost endeavours to settle the same,
with the concurrence and approbation of her Ladyship's Agents :
but in case you shall not be able to effect it, we desire you to
send us however a copy of the account they produce, with your
Lordship's objections thereunto, as also a copy of her Ladyship's
account as stated by your Lordship. And in order to inable
your Lordship the better to settle the said accounts, as also those
of Capt. Nanfan, if it be not already done, we send the copy of the
account we received from the Earle of Ranelagh's office of the
money paid to Mr. Champante from Aug. 1697 to Jan. 170|
on account of the four Companys at New Yorke. [(7.0. 5, 1120.
pp. 88-95.]
March 16. 185. Council of Trade and Plantations to the Earl of
Whitehall. Nottingham. Enclose following letter (see March 9) to be laid
before H.M. for her signature ; Whereas a petition has
been presented to us in the name of James Cowse of Barbados,
Esq., and Elizabeth his wife, setting forth that they had mett
with great delays ever since the year 1693 in their proceedings for
the recovery of the portion given to the said Elizabeth by her
father William Sharpe, deed., which was further secured to her by
a settlement made on the marriage of her brother William Sharpe,
son and heir of the late William Sharp, and that having filed a
bill in the Court of Chancery at Barbadoes against William and
John Sharp, sons of William Sharp, they have not been able
by reason of the authority and power of the said William Sharp,
who is a Member of our Council!, and a Judge of the High Court
of Chancery there, to obtain an answer nor the usual Process
out of the said Court, for compelling the defendants thereunto ;
And whereas complaints have been frequently made of the
great delays and obstructions of justice in matters where any
of our Councillors or Judges of any of our Courts in our said
Island have been concerned, as in the case of the petitioner,
Directs as recommended in Representation of March 9. [(7.0. 29,
8. pp. 412-415.]
March 17. 186. Council of Trade and Plantations to Governor Sir B.
Whitehall. Granville. Since ours of Feb. 16th, we have received none from
80 COLONIAL PAPERS.
1704.
you. Enclose letter from the Lord Nottingham relating to the
Spaniards (Feb. 18), as also a letter from H.M. with H.M.
Declaration and Order, relating to the Officers of the Admiralty
and Prizes. [Feb. 16.] [(7.0.29,8. p. 416; and (without enclosure)
28, 38. No. 21.]
March 17. 1 87. Council of Trade and Plantations to Lt. Gov. Handasyd.
Whitehall. Since ours of 16th we have received none from you. Enclose
H.M. directions relating to Spanish trade (Feb. 18) and Prizes
(Feb. 16). [C.O. 138, 11. p. 156.]
March 17. 188. Council of Trade and Plantations to Governor Seymour.
Whitehall. Enclosing same directions relating to Spanish trade and Prizes.
[C.O. 5, 726. pp. 280, 281.]
March 17. 1 89. Council of Trade and Plantations to Governor Nicholson.
Whitehall. Since ours of Feb. 16 we have received none from you. Enclose
same directions relating to Spanish trade and Prizes, etc., and
pacquets for various Governors. [C.O. 5, 1360. p. 457.]
March 17. 190. Council of Trade and Plantations to the Governour
Whitehall. an( j Company of Connecticut. Since ours of Feb. 16 we have
received none from you. Enclose same directions relating to the
Spaniards and Prizes. [C.O. 5, 1290. p. 474.]
March 17. 191. Council of Trade and Plantations to Governor Dudley.
Whitehall. Since ours of Feb. 16, we have received none from you. Enclose
letters referred to in that letter. [C.O. 5, 911. pp. 219, 210.]
March 17. 1 92. Council of Trade and Plantations to the Lord Granville.
Whitehall. Enclosing same directions relating to the Spanish trade and
Prizes (Feb. 18 and 16), "upon both which your Lordship will
be pleased to give the necessary directions to those persons whom
it may concern in the Colonies under your Lordship's Govern-
ment in America." [C.O. 5, 1290. pp. 470, 471.]
March 17. 193. Council of Trade and Plantations to the Governor
Whitehall. an( j Company of Rhode Island. We enclose H.M. Letter relating
to several irregularities which you have practized from Admiralty
jurisdiction assumed by you in H.M. Colony of Rhode Island,
as also H.M. Order in Councill of Jan. 28, which repeals an Act
past in the Assembly there, and declares her disapprobation and
disallowance of such your proceedings. By which order and letter
you and all whom it may concern are to govern yourselves for
the future. Enclose directions relating to Spaniards and Prizes.
We have your letter of June 30 last and several other papers
relating to the Government of that Colony, particularly to the
Military part of it, now before us, upon which we shall transmit
to you the necessary directions by the first opportunity. [C.O.
5, 1290. pp. 471-473.]
March 17. 194. W. Popple, jr., to William Lowndes. Refers to letter
Whitehall. o f March 11. The Council of Trade and Plantations, upon
AMERICA AND WEST INDIES. 81
1704.
a like complaint from the Solicitor for the Admiralty had already
reported their opinion to H.M. Encloses letter to Governors
prepared. If the Lord High Treasurer shall judge it not
sufficient, they are ready to receive his further directions, in
order to their reporting to H.M. [C.O. 324, 8. p. 405.]
March 17. 1 95. Council of Trade and Plantations to Col. Quary. Enclose
Whitehall. H.M. Letter to Mr. Evans, Deputy Governor of Pennsylvania,
relating to Prizes. [Feb. 16.] [C.O. 5, 1290. p. 473.]
March 17. 196. Mr. Popple to Mr. Lowndes. Enclosing packets from
Whitehall, the Council of Trade to be sent to Barbados and Virginia by
the convoys. They will take it as an obligation if for the future
you would let them have timely notice of the convoys sailing.
H.R.H. directions to the L.G. of Bermuda relating to the Algier
Treaty may be sent enclosed to the Governor of Barbados, and
those to Lord Cornbury and Col. Dudley to the Governor of
Virginia. [C.O. 324, 8. p. 404.]
March 18. 1 97. H.R.H. the Lord High Admiral to the Queen in Council.
Admiralty H.M.S. Blackwall and Milford now at Barbadoes being designed
)ffice. |. o come h ome w ith the Trade from thence, when the convoys
now going thither arrive, and the Sheer ness and Dolphin, two
fifth-rates, to convoy hither the merchant ships from the Leeward
Islands, the merchants of London trading to Barbadoes have
represented that they do not think the said convoy of sufficient
strength unlesse the Bristoll trade is seene into Falmouth and
the two ships of warre come directly up Channell, with theirs,
the which they have been acquainted may be very prejudicial!
to Bristoll, for that the ships may lye a long time at Falmouth,
and they having represented it to be very inconvenient to joyn
their convoy to that of the Leeward Islands (as proposed),
especially because they shall suffer very much by the carrying
their servants away from the Island, it is humbly submitted
that H.M. order that the convoys may joyne at the Leeward
Islands, as last year. Signed, George. 2 pp. [S.P. Naval, 7.
under date.]
[March 21.] 198. Katherine, Countess of Bellomont, to the Council of
Trade and Plantations. Prays for a longer suspence of the
prosecution against her sureties at New York, the persons
appointed by Lord Cornbury having raised objections to the
form of her accounts, as to which Petitioner will send Instructions
by the next conveyance to her Agents, to obviate all objections
etc. Endorsed, Reed. Read March 21, 170f. | p. [C.O. 5, 1048.
No. 79; and 5, 1120. pp. 96, 97.]
March 21. 199. Attorney General to the Council of Trade and
Plantations. I have perused the draft of a Commission relating
to ye Mohegan Indians, and have noe objection to it but this,
yt. it serves only pro hac vice, where ye Order of Council directs
yt. it be a Standing Commission not only to doe Justice in the
wt. 2710. C 6
82
COLONIAL PAPERS.
1704.
present case, but in such other cases of the like nature yt. may
hereafter happen. I have inserted a few words to that purpose.
Signed, Edw. Northey. Endorsed, Reed. Read March 22, 170|.
1 p. [C.O. 5, 1262. No. 76 ; and 5, 1290. pp. 475, 476.]
[March 21.] 200. Draft of Commission to inquire into the complaints
of the Mohegan Indians [see March 9 etc.] referred to above, Attorney
General's Additions in italics : " To repair by the first convenient
opportunity, and from time to time as there shall be occasion, into
Connecticut, and having summoned the Governor and Company,
and such others against whom any complaint shall be made, together
with the Chief Sachems of the Mohegan Indians, make enquiries
etc., determine according to Justice and Equity and restore the
said Indians to their settlements in case they be unjustly dis-
possessed etc." Liberty to appeal allowed. 4J pp. [C.O. 5,
1262. No. 77.]
March 21. 201. Affidavit of Jno. Bridger as to the money drawn by
him on the Navy Board whilst in New England. Signed, J.
Bridger. Endorsed, Reed. Read March 21, 170|. 1 p. [G.O.
5, 863. No. 89.]
March 21. 202. W. Popple, jr., to Sir Edward Northey. The CouncU
Whitehall. o f Trade and Plantations send inclosed Acts, past at Nevis
Oct. 23 last, entituled, An Act concerning the billetting of soldiers
in this Island, and An Act for the better securing and confirming the
titles of land in this Island, and desire your opinion in point of law,
as soon as conveniently may be. You will be attended in this
matter by Collonel Jory, Agent for Nevis. [C.O. 153, 8. p. 262.]
March 22. 203. Attorney General to the Council of Trade and
Plantations. On consideration of the case of Manasses Gillingham
who (being a naturall borne subject of H.M., but a settled
inhabitant in the Island of St. Thomas, belonging to the King of
Denmark and naturalized there) traded from thence to and
with the Spaniards in warr with H.M., I am of opinion his being
naturalized without the lycence of H.M. will not discharge
him from the naturall allegiance he owes to H.M., however he
being a settled inhabitant in the Island of St. Thomas under
the King of Denmark, and not having been commanded to return
into H.M. Dominions as he might have been, though naturalized
there, his trading with the Spaniards from that Island in amity
with the Danes will not be a capitall, if any offence at all, and
therefore I cannot advise the proceeding against him criminally
for such trading. If any inconvenience happens from such
trading, as is suggested by the Governour of Barbados's letter,
the Queen's subjects may be recalled to returne to H.M.
Dominions, and if they refuse and after trade with H.M. enemies,
they may be proceeded against criminally for such trading as
any of H.M. subjects residing in her Plantations may be proceeded
against for trading with H.M. enemyes, that is for a misdemeanour,
for I doe not take simple trading with an enemy to be high treason
AMERICA AND WEST INDIES. 83
1704.
unless it be in such trade as furnishes the enemy with stores of
warr. Signed, Edw. Northey. Endorsed, Reed. Read March 22,
170f. [C.O. 28, 7. No. 26 ; and 29, 8. pp. 417-419.]
March 23. 204. Council of Trade and Plantations to the Earl of
Whitehall Nottingham. Having prepared a Commission of Enquiry relating
to the Mohegan Indians [March 9 etc.], we pray your Lordship
to present the necessary warrant to H.M. for passing the said
Commission. [(7.0. 5, 1290. p. 478.]
March 23. 205. Council of Trade and Plantations to the Queen. We
Whitehall, have prepared the annexed draughts of letters [see Feb. 23].
Annexed,
205. i. Circular Letter to the Governments of Connecticut
and Rhode Island. St. James's. Whereas we have
been informed that upon occasion of the incursion of
the French and Indians upon the frontiers of our
Province of the Massachusets Bay, our Governour of
that Province did write to you in the most pressing
manner for a small assistance of men, but notwith-
standing the urgent occasion, and that your security
from the French and Indians depends upon the pre-
servation of the Massachusets Bay against such incursions,
you did refuse to contribute to their assistance ; we do
hereby signifye unto you that we very much dis-
approve such your refusal, and will and require you to
assist the neighbouring Provinces as occasion may
require for the mutual security of all our subjects in
those parts. [C.O, 5, 1290. pp. 479, 480.]
March 23. 206. Council of Trade and Plantations to the Earl of
Whitehall. Nottingham. Pray him to recommend Lady Bellomont's petition
[March 21] to the Queen. [C.O. 5, 1120. pp. 97, 98.]
March 23. 207. Order of Queen in Council. Ordering the Commission
St. James's. o f Enquiry [March 23] to be sent to Lord Nottingham, who is
to cause a warrant to be prepared for H.M. signature etc. Signed,
John Povey. Endorsed, Reed. 30, Read 31st March, 1704. p.
[C.O. 5, 1262. No. 78 ; and 5, 1290. p. 486.]
March 23. 208. Order of Queen in Council. Approving Letters to
St. James's, the Governments of Connecticut and Rhode Island and ordering
tlie same to be prepared for H.M. signature. Signed, John Povey.
Endorsed as preceding. [C.O. 5, 1262. No. 79 ; and 5, 1290.
p. 487.]
March 23. 209. Council of Trade and Plantations to the Queen. Laying
Whitehall, before H.M. the draught of Instructions for Governor Mathew
relating to the Acts of Trade and Navigation. [C.O. 153, 8.
p. 263.]
84 COLONIAL PAPERS.
1704.
March 23. 210. Order of Queen in Council. Approving above and
ordering them to be prepared for H.M. signature. Signed, John
Povey. Endorsed, Reed. 30, Read 31st March, 1704. f p.
[C.O. 152, 5. No. 64 ; and 153, 8. p. 264.]
March 23. 211. Council of Trade and Plantations to the Queen.
Whitehall. Recommend the appointment of an Engineer to perfect the forti-
fications in Newfoundland ; recommend the sending of supplies
as proposed by Mr. Thurston (Feb. 22) ; and that the Commander
of the Convoy take an exact muster of the soldiers there, etc.
Set out, Acts of Privy Council, II. No. 926. [C.O. 195, 3. pp.
289-293.]
March 23. 212. Order of Queen in Council. Approving above Repre-
St. James's, sentation and ordering the Board of Ordnance to give the
necessary directions accordingly. Signed, John Povey.
Endorsed, Reed. 30th, Read 31st March, 1704. 1J pp. [C.O.
194, 3. No. 14 ; and 195, 3. pp. 294, 295.]
March 23. 21 3. Order of Queen in Council. Approving above Repre-
St. James's, sentation, and referring the accounts etc. to the Lord High
Treasurer. Signed, John Povey. Endorsed as preceding. 1J pp.
[C.O. 194, 3. No. 15 ; and 195, 3. pp. 296, 297.]
March 23. 214. Order of Queen in Council. Approving above Repre-
St. James's, sentation, and directing the Lord High Admiral to give the
necessary directions. Signed John Povey. Endorsed as preceding.
If pp. [C.O. 194, 3. No. 16; and 195, 3. pp. 298-300.]
March 23. 215. Council of Trade and Plantations to the Queen. We
Whitehall, have no objections to Mr. Bridger's accounts [see Dec. 9 etc.]
except that the article of 200Z. for attending the Admiralty,
Treasury and Plantation Offices may be abated 100Z. He will
then be debtor to your Majesty 58/. 11s. 8d. But whereas
he has further expectation of salary and recompense for his
service in surveying the woods etc., we offer that the consideration
of such his services may be referred to H.R.H. Council. [C.O.
5, 911. pp. 224, 225.]
March 23. 216. Order of Queen in Council. Ordering, upon above
St. James's. Representation, that the Council of Trade consider of a fit
recompense for John Bridger. Signed, John Povey. Endorsed,
Reed. 30th, Read 31st March, 1704. | p. [C.O. 5, 863. No. 88 ;
and 5, 911. pp. 232.]
March 24. 217. Council of Trade and Plantations to Governor Dudley.
Whitehall. H.M. has been informed that several prizes taken in the last
warr against France were carryed into the Massachusetts Bay
and New Hampshire, and that no due account of such prizes
has been rendred to the Crown, and we are to direct you to
give the necessary orders therein and that you be otherwise
aiding and assisting to John Coleman, Merchant, or such person
AMERICA AND WEST INDIES. 85
1704.
or persons within your Governments as are or shall be appointed
by John Parkhurst for the recovery of the arrears due for such
prizes. [C.O. 5, 911. p. 226.]
[March 27.] 21 8. Mr. Jennings' Observations upon the Laws of Virginia
relating to the Church, Courts, Revenue, liberty of the subject,
Militia, seating lands, appointing sherrifs, electing Burgesses,
Officers, and rates of money. Endorsed, Reed. 27, Read 29th
March, 1704. 8 large pp. [C.O. 5, 1314. No. 2.]
March 27. 21 9. Edward Jones to the Council of Trade and Plantations.
Mr. Justice Bennet [see Feb. 28] will not insist on the six months'
time allowed him, but is willing that I may forthwith return
to my places, he nor Mr. Noden (who is concerned for the people
of Bermuda) having noe instructions to make any prosecution
against me. I therefore pray your Lordships to represent to
H.M. that I may be restored to my places, having been suspended
near 3 years, and the more for that I have now an opportunity
to return to my family with the West India Fleet. Signed,
Ed. Jones. Endorsed, Reed. Read March 27, 1704. 1 p. [C.O.
37, 6. No. 11 ; and 38, 5. pp. 466, 467.]
[March 28.] 220. William Sharpe of Barbados and Barbara his wife
to the Queen. Pray to be heard in the matter of James Cowes'
petition before any order be made. Endorsed, Reed. Read
March 28, 1704. 2| pp. [C.O. 28, 7. No. 27.]
March 28. 221. Grant of the Plantation of Monsieur Olivie, 150 acres,
lying to the Westward of Monkey Hill in Basseterre quarter,
St. Kitts, to Lieut. David Dunbar, " for his service in the
reduceing the French part of this Island." Signed, Chr.
Codrington. Sealed. 1 p. [C.O. 152, 42. No. 1.]
March 29. 222. Council of Trade and Plantations to the Lord Bishop
Whitehall. o f London. Col. Nicholson having transmitted to us a collection of
Bills prepared by a Committee for the Revisal of the Laws
of Virginia, and there being amongst them several for settling
the affairs of the Church and Clergy, we do not think fit to proceed
thereupon without your Lordship's assistance, and which we
desire your Lordship to favour us with on any Fryday, Monday
or Wednesday between 4 and 7 p.m. [C.O. 5, 1360. p. 458.]
[March 30.] 223. Mr. Cater to the Council of Trade and Plantations.
Agent for William Sharpe [March 28], he presents a memorial
in his favour. Signed, Everard Cater. Endorsed, Reed. Read
March 30, 1704. 1 p. [C.O. 28, 7. No. 28.]
March 30. 224. Council of Trade and Plantations to the Queen.
Whitehall. Recommend for H.M. approval two Acts of New York, April 6,
1703, to enable the building of a larger Church for the French
Protestants, and for the better maintenance of the Minister of
New York City. [C.O. 5, 1120. pp. 99, 100.]
86 COLONIAL PAPERS.
1704.
March 30. 225. Order of Queen in Council. Approving above Acts of
St. James's. New York. Signed, John Povey. Endorsed, Reed. 4th, Read
12th April, 1704. 1J pp. [C.O. 5, 1048. No. 80 ; and 5, 1120.
pp. 100, 101.]
March 30. 226. Order of Queen in Council. Referring enclosed to
St. James's, the Council of Trade and Plantations for their report. Signed,
John Povey. Endorsed, Reed. Read April 10, 1704. 1 p.
Enclosed,
226. i. Petition of Six Members of Council of Virginia to the
Queen. Virginia, May 20, 1703. [Cf. April 10.]
Nothing but a true regard to your Majesty's service,
the peace and happiness of this Colony, and to that
trust your Majesty has been pleased to repose in us,
should have at present induced us to this unusual way of
addressing your sacred Majesty for relief of ourselves
and other your Majesty's good and loyal subjects of
this country from the many great grievances and
pressures we lye under by reason of the unusuall insolent
and arbitrary methods of Government, as well as wicked
and scandalous examples of life, which have been
now for divers years past put in practice by H.E.
Governor Nicholson, which we have hitherto in vain
endeavoured, by more soft and gentle applications to
himself, to remedy and prevent ; but to our unspeakable
grief, we have reaped no other fruit of our more private
representations, but that thereby we have so highly
exasperated the revengefull mind of the said Governour
to the highth of implacable malice and enmity against
ourselves and the better part of your Majesty's good
and loyall subjects of this Colony, who are of the same
sentiments, that without your Majesty's seasonable
interposition, we cannot but apprehend the dangerous
consequences of such practices, not only in kindling
and fomenting of lasting feuds and animosities, but
in endangering the publick peace and tranquility of
this country. The particular instances of his mal-
administrations are so many that we have chosen
rather to transmitt them in Memorialls to some noted
friends of this country to be by them laid before such
persons as your Majesty shall think fitt to appoint
to examine them, humbly praying your Majesty's
gracious consideration of our deplorable circumstances,
and that the Government may be put into such hands
as will observe your Majesty's laws and instructions, etc.
Robert Carter, James Blair, Phil. Ludwell, J. Lightfoot,
Mat. Page, Benj. Harrison. Copy. 2| pp. [C.O. 5,
1314. Nos. 3, 3.i. ; and 5, 1360. pp. 462-465.]
[March 30.] 227. Draught of a Bond to be entered into by Mr. Byfeild
and others for the importation of 1,800 barrills of pitch and tarr
AMERICA AND WEST INDIES.
87
1704.
in 2 years from Pennsylvania, Carolina etc.
Read March 30, 1704. 1 p. [(7.0. 5, 1262.
1290. p. 485.]
Endorsed, Reed.
No, 80 ; and 5,
[March 30.] 228. Mr. Bridger to the Council of Trade and Plantations.
Setting forth his services and hardships as Surveyor of Naval
Stores in New England, and praying that 5001. a year may be
allowed for his time spent in that service. Signed, J. Bridger.
Endorsed, Reed. 30th, Read 31st March, 1704. 2 pp. [C.O. 5,
863. No. 87; and 5, 911. pp. 233-236.]
March 31. 229. The Queen to the Attorney or Sollicitor General. Order
St. James's, to prepare a warrant granting the place of Secretary of the
Leeward Islands to Charles Finch, in place of George Larkin,
to enjoy the said office by himself or sufficient Deputy or
Deputies etc. Signed, Nottingham. [(7.0. 152, 39. No. 98.]
March 31. 230. Wm. Popple, jr., to Sir Edward Northey. A Corn-
Whitehall, mission having been issued by the late King directed to the
Lord Grey, Governor of Barbados, or to the Governor in Cheif
for the time being, and to the then Councill and Councill for
the time being, and severall other persons therein named for
the trying of pirates there, in pursuance of a late Act of Parliament
in that behalf, and some difficulty s having arisen in Barbados,
relating thereunto, and Sir Beville Granville, the present Governor,
having had the opinion of the Attorney and Sollicitor Generall
of Barbados thereupon, the Council of Trade and Plantations
command me to send you the same here inclosed and to desire
your opinion, whether it be necessary for H.M. to grant a new
Commission or no. [C.O. 29, 8. pp. 424, 425.]
March 31. 231. Wm. Popple, jr., to Josiah Burchett. Encloses extract
Whitehall. o f letter from Governor Handasyd, which the Council of Trade
and Plantations desire you to lay before H.R.H. Councill. [C.O.
138, 11. p. 169.]
March 31. 232. H.M. Commission to Coll. Handasyd to be Captain
General and Governor in Chief of Jamaica. [C.O. 138, 11.
pp. 171-193.]
April 3. 233. W. Popple, jr., to William Lowndes. Desires him
Whitehall, to remind the Lord High Treasurer of the Representation of the
Council of Trade and Plantations (Nov: 23) relating to foreign
coin. [C.O. 324, 8. p. 406.]
April 4. 234. Council of Trade and Plantations to the Queen. Haying
Whitehall, discoursed with several merchants concerned in the Plantations
in reference to the importation of Naval .Stores from hence,
and having not found any with whom so advantageous a contract
may be made as with Thomas Byfeild and others, who at present
trade as a Company with a joint stock to the Continent of America,
they offering personal security for the importation of 1,800
&S COLONIAL PAPERS.
1704.
barrills of pitch and tar in 2 years, and to continue a yearly
increase of that quantity, provided your Majesty grant them a
a Charter, not excluding any others from trading in those com-
modities, which being the best method we have hitherto been
able to find out for this so necessary a service, we humbly offer
to your Majesty that a Charter be granted to them, and that
your Majesty be pleased to refer the annexed draught of a Charter
for that purpose to your Majesty's Attorney General for his
report thereon in the point of Law. Annexed,
234. i. Draft of Charter referred to in preceding. [C.O. 5,
1291. pp. 1-29.]
April 4. 235. Council of Trade and Plantations to the Queen. We
Whitehall, have heard Edward Jones upon his petition [Cf. Nov. 1 8 and Jan. 24
etc.], and humbly observe that the charges against him are not
sufficiently proved, but that Jones may on one side have behaved
himself with too much warmth and indiscretion in the discharge of
his employment of Provost Marshall, and that on the other hand
he might have found great provocation from the stubborness
and ill temper of those persons with whom he had to do in his
employment, and having made due submission to the Governor
for some reflecting expressions relating to him, we humbly offer
to your Majesty that his suspension be taken off and the fines
imposed on him remitted, and that your Majesty's pleasure be
signified to Capt. Bennet accordingly. [C.O. 38, 5. pp. 468,
469.]
April 4. 236. Council of Trade and Plantations to the Board of
Whitehall. Ordnance. Enclose extract of letter from Governor Sir B.
Granville recommending Capt. H&yes. [C.O. 29, 8. p. 425.]
April 4. 237. Office of Ordnance to the Council of Trade and
Plantations. We have considered the above proposal made by
Governor Sir B. Granville, and cannot approve of appointing
Capt. Hays, whom he recommends to be Engineer there, having
no knowledg of the man nor of his abilities, nor has he ever been
employed by this office. But it being H.M. pleasure that another
able Engineer should be sent to Barbados in the place of
Capt. Sherrard, and there being two Engineers from this Office
at Jamaica, where we are of opinion that one will be sufficient
for H.M. service at present, we propose that the other have
orders to goe from thence to Barbados, which wee forbear to
give untill we know whither your Lordships have any objection
to it. Signed, Granville, Wm. Bridges, Ja. Lowther, J. Craggs,
C. Musgrave. Endorsed, Reed. Read April 7, 1704. Autograph.
1 p. [C.O. 28, 7. No. 29 ; and 29, 8. p. 426.]
April 4. 238. John Povey to W. Popple. The Lords of the Com-
Councill Office, mittee of the Privy Council having appointed to meet on the
6th to hear Commodore Walker in answer to a complaint from
the Governor of the Leeward Islands, desire the papers in your
office which may serve for then* information. Signed, John
AMERICA AND WEST INDIES. 89
1704.
Povey. Endorsed, Reed. Read April 5, 1704. 1 p. [C.O. 152, 5.
No. 65 ; and 153, 8. p. 265.]
April 5. 239. W. Popple, jr., to Mr. Povey. In reply to preceding
Whitehall, encloses Col. Codrington's letter Aug. 8, 1703. He promised by
the last pacquet to send by a ship that was to sail in 8 days a
a full account of all things concerning his Government, in which
there may be some account of the expedition to Guardaloupa.
[C.O. 153, 8. p. 266.]
April 5. 240. Attorney General to the Council of Trade and
Plantations. I have considered the Acts of Nevis, Oct., 1703,
concerning the billeting of soldiers, and for the better securing
the titles of land, which I conceive are agreeable to Law and
Justice and doe not containe anything prejudiciall to H.M. Royal
prerogative. Signed, Edw. Northey. Endorsed, Reed. April 5,
Read May 8, 1704. f p. [C.O. 152, 5. No. 66 ; and 153, 8.
p. 287.]
April 5. 241. Mr. Jenings to the Council of Trade and Plantations.
I believe there is annually made in Virginia near 3,000 barrells
of tar in Princess Anne County, which contains 97,891 acres of
patented land, and part of Norfolk County about 50,000 acres of
low pine land, not agreable for tobacco, and the small quantity
there made is of the worst esteem, and so little value that dis-
courages the inhabitants to plant, and forces them to endeavour
to cloath and maintain themselves by manufacturing of wooll
and leather, and raising stocks of cattle and hoggs. What tarr
now made, is of the knots and peices of fallen trees, if there were
a certain vent, 'tis probable treble the quantity would bee made
out of growing trees in those countyes and 'twould be much better
in the kind, and for all uses, and also would be made in other
parts of the country not proper for planting tobacco. Tarr is
generally sold from 10 to 12<s., pitch double that rate per barrell
for goods, sometimes money, the barrell by the law to containe
at least 30 gallons ; some is made use of by the inhabitants for
their houses, boats, etc., part disposed of to the Masters of ships
for their use, and part transported to Barbados, Jamaica and
Leeward Islands. Freighting tarr for England hath not yet
bin used, but beleive the Masters may compute 14 barrells to a
Virginia tun, which in war is frequently 12, in peace 6
per ton. For the incouragement of making tarr and pitch in
Virginia I presume may be by assuring as great a price at least
as for Sweedish tarr to them that shall first every year deliver
into H.M. store house - - lasts of pitch and tarr for the service
of H.M. Navy, and after such a quantity is delivered as shall be
thought needfull for that service, for a general incouragement,
no custome be paid, and some small allowance be made for each
last that shall be brought into the kingdom from the Plantations.
That there be no restraint or contract because the uncertainty
of convoys and length of the voyage will make the same
impracticable, and discourage the undertaking, if every person
90 COLONIAL PAPERS.
1704.
cannot have the hopes and liberty of serving H.M., or the
advantage of the market. That the same be made publick by
proclamation or otherwise. Signed, E. Jenings. Endorsed, Reed.
Read April 5, 1704. 2 pp. [(7.0. 5, 1314. No. 4 ; and 5, 1360.
pp. 459-461.]
April 6. 242. Council of Trade and Plantations to the Queen.
Whitehall. Eecommend that Mr. Bridger be allowed 2501. per annum for
5 years. [See Acts of Privy Council, II. pp. 443, 444.] [(7.0.
5, 911. pp. 237, 238.]
April 6. 243. Some Proprietors of New Jersey to the Council of Trade
and Plantations. Whereas divers persons calling themselves
the Council of Proprietors residing in Jersey, have assum'd to
themselves a power of purchasing and taking up lands of the
Indians, in the West part of the Province, without the knowledge
or consent of the Proprietors in England, We humbly pray your
Lordships will give directions to the Governor that a stop may
be put to their proceedings, till it appears to be pursuant to the
Constitution settled and agreed to by the original Proprietors.
And we humbly offer to your Lordships the following persons,
viz., Col. Richard Townly, Miles Forster, Abraham Bickly and
Dr. John Johnston, to fill up the vacancies in the Council, who
are gentlemen that have considerable freeholds, and reside upon
the place. For our selves and divers other Proprietors residing
in England. Signed, Paul Docminique, John Bridges, Rob. Michel.
Endorsed, Reed. Read April 6, 1704. 1 p. [(7.0. 5, 970.
No. 20 ; and 5, 994. A. pp. 145, 146.]
April 7. 244. Edward Jones to the Council of Trade and Plantations.
London. Prays to be allowed the rents and profits of his place during his
suspension etc. Signed, Ed. Jones. Endorsed, Reed. Read
April 12, 1704. f p. [0.0. 37, 6. No. 12.]
[April 7.] 245. Report of the Solicitor General [Sir C. Hedges] upon
draught of Instructions for Privateers. Detailed Criticisms.
5J pp. Enclosed,
245. i. Copy of draught of Instructions for Privateers (March 15,
170|). Endorsed, Reed. Read April 7, 170|. 3 pp.
[C.O. 323, 5. Nos. 44, 441.]
[April 8.] 246. L. Compere, Receiver General of Jamaica, to the Queen.
Prays for the repeal of two Acts, Jamaica, Nov., 1703, for raising
an additional duty, and for raising a Revenue. Signed, Leonard
Compere. Subscribed,
246. i. April 8, Whitehall. H.M. refers this petition to the
Council of Trade and Plantations for their report.
Signed, Nottingham. The whole endorsed, Reed. Read
April 12, 1704. 1 p. [C.O. 137, 6. Nos. 44, 44.L]
AMERICA AND WEST INDIES. 91
1704.
[April 10.] 247. Memorial concerning the maladministration of Governor
Nicholson. Dated May 20, 1703.' Not to speak of the vast
number of instances of his injustice, oppression and insolence
to particular persons, which would require a large volume, we
shall limit our observations to his behaviour towards ourselves,
etc. (1) He engrosses all power by acting alone in most of the
chief affairs of the Government. Justices of the Peace, who
used always to be nominated by and with the Council's advice and
consent, are now privately appointed by himself, and sometimes
blank Commissions are signed and sealed for that purpose, to
be filled up by particular favourites. The same method is used
for striking any one out of the Commission of the Peace, without
any fault communicated to the Council ; of late a whole Court
was in this manner turned out at once (two only excepted), and
very insufficient and undeserving men substituted. All the
Sherrifs are of late similarly appointed, and all Militia and Naval
Officers. Orders and Proclamations of all sorts are issued out in
H.M. name without any advice in Council. The accounts of
H.M. Revenue (if past at all) are past by H.E. without the know-
ledge of the Council. Particular Agents are similarly sent home
by him and paid out of H.M. Revenue. A standing Agent is
similarly named by H.E. in England and allowed 100/. per annum
out of H.M. Revenue. Rules of limitation in taking up of land
have been similarly prescribed to Surveyors, against both Law
and Custom. Many things are put upon Record both in the
Secretary's and Council Offices, and others forbid to be put
upon Record, without any advice in Council. H.E. recommends
home such persons as he thinks fit to be put upon the Council,
without the knowledge or advice of the Council. By his inter-
position with the Secretary, the Clerks of County Courts are
put in and removed at pleasure, without any advice in Council,
and much to the dissatisfaction of the Courts. (2) Many matters
of great moment are transacted by H.E. expressly contrary
to advice in Council, e.g. the calling so many General Assemblies,
and at such unseasonable times of the year, to the great trouble
and charge of the Inhabitants. The exasperating of Assembly s
with harsh speeches and irritating propositions, to the great
obstruction of H.M. buisness. The keeping the land on Black-
water and Pamunkey Neck shut up, without any instruction,
contrary to the advice of both Council and Burgesses. When
afterwards, by an Order of himself and Council notified by
Proclamation all over the Country, the Blackwater Land was
opened, and a great many people had bin at the charge of pur-
chasing rights of H.M. and of making entrys and surveys, he by
his privat orders contradicted and retracted all, forbidding the
Surveyors to proceed, without taking any notice to the Council,
to the great loss of H.M. in her quit-rents. (3) He signs many
orders, warrants, pattents, Commissions etc. in Council, on
purpose to have the colour of the Council's name, which are never
so much as read in Council, and the Council knows nothing of
them. (4) There is now no check upon the accounts of H.M.
Revenue, whereas formerly they used to be examined and past
92 COLONIAL PAPERS.
1704.
in Council at a solemn audit. (5) He is so impatient of all just
freedom of dispute or debate in Council that if any one of the
Council presumes to differ in opinion from him, he is treated
with reproofs and threats in the most rude, insolent and abusive
manner. (6) To the end he may act without controul, he care-
fully conceals from the Council the knowledge of his Instructions,
by which (we humbly conceive) we ought to be directed in giving
and he in taking advice. (7) He has endeavored upon all occas-
sions to debase and vilify the Council before the people by giving
them gross and abusive language (such as Rogues, Villains,
Raskalls, Cowards, Dogs, etc.) to their faces and behind their
backes, reflecting upon them as if they had gott their estates
by cheating the people, swearing that he valued the Council no
more than the dirt under his feet, and that he would reduce
them to then 1 primitive nothing, and likewise advancing men of
inferiour stations to the chief commands of the Militia, by which
trusts and honours the Council alone used formerly to be dignified
and distinguished, to H.M. great security in times of danger,
by these means endeavouring not only to regain the good opinion
of the common people, but allso to beget in them such jealousies and
distrusts of the Council as might render them incapable to
withstand his arbitrary designs. (//.) His behaviour in the Upper
House of Assembly. (1) Whereas that House humbly conceives
that they ought to be left to the freedom of their own debates,
without being swayed and overawed by the Governour's inter-
position, he is not only continually present, but takes upon him
to preside and debate, and state the questions and overrule, as
if he were still in Council, which the said House takes to be a
great encroachment on their libertys and priviledges. (2) His
usual, high, haughty, passionat, and abusive way of brow-
beating, discouraging and threatning all that speak anything
contrary to his opinion or design is another great encroachment
on the liberties of that House. (3) His endeavouring to beget
or feed a bad understanding between the two Houses, his down-
right interposing and siding sometimes with one House and
sometimes with the other, and making entrys to that purpose
in the Assembly Books we take to be a great encroachment on
the liberties of both Houses. (4) His closetting of the Members,
and using all the arts of cajoling and threatning for his own
ends, not sticking sometimes to threaten the cutting of their
throats, and their utter ruin, we take to be another intolerable
encroachment on the liberties of that House. (5) He makes
several extemporary rash speeches to both Houses, cajoling or
irritating, promising or threatning, which though they have
great influence in making or marring the business of Assemblys,
yet are never put into writing, nor appear anywhere in the
Minutes. (///.) His behaviour in the Generall Courts. (1) He
uses gross and visible partiality in most cases of his friends or
enemies, abusing the Council at the Barr, and often hectoring
his fellow Judges, if they happen to differ from him. (2) He
keeps Courts at most unseasonable hours in the night, to the
great dissatisfaction and endangering the health of Judges,
AMERICA AND WEST INDIES. 93
1704.
Lawyers and People. (3) He sends for his creatures from the
country, and gives directions to the Sherriff to put them upon
the Grand Jury, and tampers with these Grand Juries to procure
flattering encomiums of himself, that by the sending of these
for England his true character may be concealed. (4) He often
makes particular entries, contrary to the opinion of the rest of
the Court, and in very abusive and reflecting terms. (IV.) Other
publick abuses in his Government. (1) He makes H.M. name
cheap and contemptible by using it to every frivolous, unnecessary
or arbitrary command, e.g., if he wants to speak with any man,
the message is brought him in these words, H.E. commands you
in the Queen's name to come to him immediately ; if he wants
an horse or boat and hands etc., he sends presently to press them
in H.M. name, or whatsoever other commands he gives, tho' no
manner of way relating to the Government, they are all given
in the Queen's name. (2) He incourages all sorts of sycophants,
tattlers and talebearers, takes their storys in writing, and if he
can, persuades or threatens them to swear to them, without giving
the accused person any oppertunity of knowing his accusation
or accusers. (3) He has privatly issued severall Commissions to
examine witnesses against particular men ex parte ; he has forced
men upon oath to turn Informers ; and if witnesses do not swear
up to what is expected, they are tampered with, and additional
depositions are taken, but all this while the person accused is
not admitted to be confronted with or to defend himself against
his accusers. (4) As he incourages these sycophants, and has
some such in most parts of the country, so he is a man so subject
to suspicion and jealousie, that he readily believes and mightily
improves all such storys, and studies and pursues revenge to the
utmost against all whom he suspects, and all their kindred and
friends. (5) He makes it a great part of his business, by most
malicious stories of his own coining, to blast the reputation of all
such persons of either sex against whom he has any manner of
prejudice, and by that means prostitutes his own honour and
honesty. (6) He endeavours mightily to make parties and to
foment divisions in the country. (7) He is exceedingly self-
willed and utterly unaccountable by any persons. (8) He values
not how arbitrary and illegal his commands are. If the ordinary
Atturney for H.M. will not undertake his designs as being against
Law, he employs others that will. Upon an Atturney Generall's
declining one of his commands as being against Law, he took him
by the collar and swore by God he knew of no Laws we had,
and that his commands should be obeyed without hesitation or
reserve. (9) His haughty, furious and insolent behaviour to the
best Gentlemen in the Country is more like downright madness
than anger and passion. He has told us sometimes that he knew
how to govern the Moors, and that he would beat us into good
manners, and sometimes upon very trivial occasions, he has
threatened very considerable Gentlemen to try them for their
lives, swearing that he must hang one half of these rogues before
the other would learn to obey his commands. He has not only
in rash words threatened to cut Gentlemen's throats, but sent
94 COLONIAL PAPERS.
1704.
them formal messages and made solemn vows that he would
be their death or their ruin and to assure them that he should
be born out in all these things. And he has bin heard to make
his brags that right or wrong he could by his authority ruin any
private man. (10) He is so abusive in his words and actions,
as not only to treat our best Gentlemen with the scurrilous names
of Dogs, Rogues, Villains, Rascals, Cheats, and Cowards, and
our best woomen with the names of Whores, Bitches, Jades, etc.,
but actually to beat and buffet some Gentlemen in a most publick,
insolent and tyrannical manner. (11) In his rage he has most
arbitrarily committed men into custody without any cause of
commitment assigned, and without prosecution thereon. (12) His
prophane custome of bloody cursing and swearing, and that
often immediately before or after Prayers, and perhaps the same
or next day after receiving the blessed Sacrament, convinces all
people that he has no sense of Religion, and that he is a great
scandal to the Church of England, for which he pretends to set
up. (13) This is farther confirmed by the many gross
immoralities and pranks of leudness and rudeness to woomen
that he is notoriously known to be guilty of in several parts of the
Country. (14) His rash and prophane swearing ensnares him
sometimes in the higher sin of forswearing, particularly upon
pretence that a great deal of injustice has bin done by executors
and administrators in the execution of their trusts ; he swore
several times that he would never sign any more probates or
Commissions of Administrations, saying it was against his con-
science, and in this humour he continued for several months,
often repeating solemn oaths that he would never do it ; yet after-
wards, when he found the complaints in the country grew very
loud, and feared the bad influence of them on a General Assembly
then called, he got over all his oaths and signed them again,
as himself and other Governors before had used to do. And by
such rash oaths and solemn promises upon publick occasions,
which he hath afterwards thought fit to break, he hath so ruined
his creditt that neither his promise nor oath are now any more
reguarded. (15) He hath extreamly ensnared the consciences
of the Clergy by arguing, perswading, bribing and terrifying
them into such elogies and encomiums of himself in high flown
flattering Addresses as must make them forfeit their honour and
honesty if they comply with them, or expose them to his fury
and revenge, and consequently their own ruin, if they refuse them.
(16) To oblige his flatterers, he breaks through the clearest
Instructions, and the greatest ground of meritt with him is to be
forward in promoting of any flattering address to recommend
him to the Court of England. For this reason the Foreman of a
Grand Jury that had drawn one of the most fulsome of these
Addresses, was lately immediately rewarded with a Naval Officer's
place worth about 100Z. per annum, taken on purpose from an
honest gentleman that had blamelessly managed it. And one
of the greatest traders of this Country (because he is a tool of his)
was by him preferred and has bin all along kept in the possession
of such another Naval Officer's place, expressly contrary to
AMERICA AND WEST INDIES. 95
1704.
the Royal Instruction, which positively forbids the bestowing
of these places on any men much in trade. (17) His ordinary
housekeeping is most scandalously penurious, no way suiting
the dignity of H.M. Governour, having but one dish of meat at
his Table ; tho' at publick times when he has any flattering
address to procure, or any other design in hand, he prepares
such treats as he thinks may best contribute to the carrying on of
his sinister purposes. (18) Tho' this is his real character, he takes
all imaginable care to conceal the same in England (1) by giving
out terrible threatenings against all that shall offer to accuse
him there ; (2) by endeavouring to stop all from going out
of the country, that he suspects will give an unfavourable character
of him ; (3) by giving the falsest and blackest characters of all
such as he fears will dare to write the truth, as if they were men
of scandalous lives, or disaffected to H.M. Government, tho they
are men of never so known loyalty and good credit and reputation ;
(4) by procureing flattering addresses from packed Grand Jurys,
for which he rewards them with places of honour and proffit in
the Government ; (5) by calling clandestine meetings of such
of the clergy as will joyn in the like flatteryng addresses, and
menaging them with treats and presents and protection of such
as are obnoxious, and promotion of such as are desirous of better
preferments ; (6) by intercepting letters in hopes of discovering
the intelligence for or from England concerning his conduct
in this country, to the unspeakable hindrance of friendship, trade
and business ; (7) by procuring the commendatory letters of the
few Church of England Ministers that are in New England,
New York, and Pensilvania, to whom and their Churches he
sends now and then a present when he wants any of these flattering
recommendations ; (8) especially by employing Sir Thomas
Laurence in Maryland, and Col. Quary in Pensilvania (men
linkt in interest with him) to varnish over his unjustifiable life
and government, for which he repays them both with his own
favours, and by employing his interest in England to promote
theirs ; the intercourse between him and them being kept up
at H.M. charge, as may appear by the extraordinary disbursements
for messages to the northward in the accounts of H. M. Revenue.
If further proof is required, we pray that witnesses may be
examined here and enabled to deliver their testimony free from
the terrour and resentment of his arbitrary Government, and
that we may have free access to the Council and Assembly books
and all other publick Records ; and that H.M. by Instructions
to her future Governours will provide that the above grievances
may not prejudice our rights and liberties. Signed, J. Lightfoot,
Matthew Page, Benj. Harrison, Robert Carter, James Blab:,
Phil. Ludwell. Endorsed, Reed. Read April 10, 1704. 11 pp.
[0.0. 5, 1314. No. 5.]
April 11. 248. Wm. Popple, jr., to Richard Warr. The Council of
Whitehall. Trade and Plantations having considered the letter from
Lord Nottingham of Feb. 24, together with the Memorial of
Monsr. Vryberg inclosed in yours of March 3, and their Lordships
96 COLONIAL PAPERS.
1704.
having thereupon examined the instructions to be given to
privateers with several other papers transmitted to them relating
thereunto, their Lordships do observe that the abovementioned
letter imports that H.M. has thought fit to direct that the trade
between H.M. Plantations and the Spanish Dominions in America
only be continued during the present warr, in such manner as it
might have been done in time of peace, and that this resolution
has been taken in concert with the States General, who will give
the like orders to the Governours of their Plantations in America,
by which their Lordships do understand that the trade with the
Spaniards in America is not intended to be carryed on in any
other manner or with any other concessions than as before the
Declaration of War. Whereupon their Lordships desire to be
particularly informed if the instructions to be given to privateers
are to be so drawn up as by incouraging a free and open trade
with the Spaniards in America all Spanish ships may either go
to or come from any of ours, or the Dutch Plantations, or to and
from any of their own Plantations, or be and remain in any of
their own Bays or Harbours without molestation ; Which dos
indeed amount to a cessation from all hostilities with the Spaniards
in America ; or if such orders are to be confined to the carrying
on a trade with the Spanish West Indies, we retaining still the
liberty of annoying the Spanish ships and galleons as well in any
of the Spanish Ports, as in going from one Spanish Port to
another. Otherwise they, or the French under their names,
may have an opportunity of bringing such galleons and treasure
unmolested to Europe. 1J pp. [C.O. 5, 3. No. 13 ; and 324, 8.
pp. 407, 408.]
April 12. 249. Council of Trade and Plantations to the Board of
Whitehall. Ordnance. Acknowledge letter of Board of Ordnance Ap. 4, etc.
[C.O. 29, 8. p. 427.]
April Jf . 250. Commandant Beeckman to [? the Directors of the Dutch
Fort West India Company]. Signed, Samuel Beeckman. Endorsed,
. ^. J
250. i. List of papers sent to Middelburgh. Dutch. If pp.
[C.O. 116, 19. Nos. 20, 20.1.]
[April 19.] 251. John Thrale to the Council of Trade and Plantations.
Prays for copys of any writings brought in by the petitioners
against Col. Nicholson, in order to a just defence ; and that a
day may be assigned for that purpose. Signed, Jno. Thrale.
Endorsed, Reed. Head April 19, 1704. f p. [C.O. 5, 1314.
No. 6 ; and 5, 1360. pp. 466, 467.]
April 19. 252. Wm. Lowndes to Wm. Popple. Enclosing following
Treasury amended Instructions to Governours, prepared by the Com-
3rs- missioners for Prizes, to be laid before the Council of Trade, etc.,
for H.M. Signature. Signed, Wm. Lowndes. Endorsed, Reed.
Read April 20, 170f. f p. Enclosed,
252. i. Draught of a Circular Letter to Governors, Whereas
complaints have been made to us of abuses in the Courts
AMERICA AND WEST INDIES. 97
1704.
of Admiralty in the Plantations and of irregularities
in the disposition of the Prizes brought into our said
Plantations, etc., We strictly charge and require you
that you be obedient to such orders and instructions
as you shall from time to time receive from our High
Admirall, and that you require all persons whatsoever
in the Plantations whom it may concern to be aiding
and assisting in the recovery of our dues as also our
High Admiral's dues in cases of prizes, according to our
Declaration for the encouragement of our ships of war
and privateers, and in maintaining the rights of the
Admiralty ; and that you cause due care to be taken
that all commanders of our ships, privateers, etc., doe
deliver up the prizes by them taken, and brought to any
port within your Government, into the possession of such
Officers for prizes as are properly appointed and
authorized to take charge of the same, and that all
persons be required to be aiding and assisting to the
said Prize-Officers in preventing embezzlements and
recovering Prize-goods, which may happen to be
imbezled and concealed, as well as in the execution of
all orders to them directed in relation to prizes by any
Court of Admiralty legally established by our High
Admirall in our said Plantations etc. 1 p. [C.O. 323, 5.
Nos. 45, 45.L ; and 324, 8. pp. 426-430.]
April 20. 253. Lt. Governor Bennett to the Council of Trade and
Bermuda. Plantations. On Feb. 7 the new Assembly mett, and after sending
for them and recommending the passing a Revenue Act without
limitation, they on the 9th following sent me by a Committee
the enclos'd Act, which for the reasons mentioned in the Preamble
I passed. I have not received any letters from you since those
of July 28, and if any commands have been sent via Barbados
they are still there, for all our vessells that went thither took
in freight for either Virginia, Carolina, New England, Pensilvania,
New York, or some of the Northern Colonies, soe that not clearing
for this place was the reason I have not reed, my pacqts., for by
a vessel! that belongs to this country, but bound to Virginia,
the winds being contrary, put in here, the Master told me that
there were severall letters lay for me att Barbados, but would
not take them, not knowing of touching here. I enclose the
examinations of Joseph Holbeach and Boaz Bell (No. 257. i.) relating
to a Spaniard who was taken up here on account of piracy,
which were, unknown to me, taken before Mr. Larkin, and after
swearing the witnesses and signing thereunto, leaving room
for my name, he sent the Registrar wth. them, and desired that
I would swear and examine the witnesses thereon, and that I
would also signe the Depositions, which accordingly I did (being
oblig'd to follow his Instructions), whereupon the man was
committed. But before a Court of Admiralty was held, the
evidences were convey'd away to Carolina in the Shadow, by
the contrivance of Mr. Larkin, as is made appear by several papers
Wt. 2710, C 7
98
COLONIAL PAPERS.
1704.
in my pacqts. to your Lordships, so that the accused could not
be tryed for want of witnesses, and hearing the prisoner's character
to be an extraordinary pilot in the West Indies, and he'having
been in this Country abt. two months before he was taken up,
and observed to have been frequently walking about the
fortifications and bays, I advised with the Council. It was agreed,
the best way to prevent him immediately going back to the
enemy would be to send him for England as a prisoner of war,
which I have accordingly done, under the care of the Capt. that
brings this pacqt., who has my orders to attend my
Lord Nottingham wth the prisoner. Refers to enclosures. Having
reed, an account that the dispute was over relating to the pre-
tentions of the wreck patentees to the French ship that came
on the sholes of these Islands, I intended to send your Lordships
and the Secretary of the Admiralty an acct. of every peece of
rigging that was saved, and what quantity of logwood was taken
up by Divers, but expecting my Secretary's arrivall here every
day, I thought it convenient to delay it, he takeing an acct.
of everything that was brought on shoar, and therefore can
best swear to the inventorys. Signed, Ben. Bennett.
P. 8. Capt. Nelson the last Assizes (which began in March) indicted
Capt. Richard Penniston and Char. Walker, both of the Councell,
for perjury, but the Grand Jury brought the Bills in ignoramus.
Endorsed, Reed. June 9, Read July 6, 1704. Holograph. 4 pp.
[C.O. 37, 6. No. 14 ; and 38, 6. pp. 8-12.]
April 20. 254. Order of Queen in Council. Upon Representation of
St. James's. April 4, referring draught of Charter to Thomas ByfeilcUete. to
the Attorney and Solicitor General. Signed, Edward Southwell.
Endorsed, Reed. Read April 27, 1704. 1 p. [C.O. 5, 1262.
No. 81 ; and 5, 1291. p. 30.]
April 20.
Whitehall.
April 20.
Whitehall.
April 20.
Bermuda.
255. Wm. Popple, jr., to Sir John Cook, H.M. Advocate
General. The Council of Trade and Plantations desire your
opinion whether privateers or others with letters of marque
are obliged upon their arrival in any Port of England or in the
Plantations to deliver up the prizes taken by them into the
possession of the Commissioners of Prizes. [C.O. 324, 8. pp. 430,
431.]
256. Council of Trade and Plantations to the Earl of
Nottingham. Pursuant to H.M. Directions, we have prepared
and enclose an additional Instruction for Privateers and ships
carrying Letters of Marque in reference to the Spaniards in the
West Indies. Annexed,
256. i. Additional Instructions for privateers referred to in
preceding. Not sent. [C.O. 324, 8. pp. 409-427.]
257. Lt. Governor Bennett to Mr. Popple. Desires him to
forward a pacquet to Lord Nottingham, etc. Signed, Ben. Bennett.
Endorsed, Reed. June 9, Read July 6, 1704. 1 p. Enclosed,
257. i. Copy of the Examination of Joseph Holbech and
Boaz Bell. Sept. 8, 1702. The sloop Shadow was
AMERICA AND WEST INDIES. 99
1704.
piratically seized off Hispaniola by a Spanish briganteen,
and one Slicam Van Elwalle alias Philip Van Vaw Yella
took a leading part therein. Endorsed, Reed. June 9,
1704. 3 pp.
257. ii. Copy of the condemnation of the French prize, The
St. Lawrence the Victorious, at a Court of Admiralty in
Bermuda, Dec. 28, 1703. The Hon. John Follett,
Judge. Same endorsement. 6 pp.
257. iii. Account of the French prize, St. Lawrence the Victorious,
taken by the Adventure of Antigua, Oct., 1703. Same
endorsement. 2 pp.
257. iv. Duplicate of preceding. Endorsed, Reed. July 18,
1704. 2 pp.
257. v. Copy of the Trials of several Pirates, held at a Court of
Admiralty, Bermuda, Oct. 12, 1703. Endorsed, Reed.
June 9, 1704. 42 J pp. [(7.0. 37, 6. Nos. 15, 15.i-v. ;
and (without enclosures) 38, 6. pp. 13-15.]
April 20. 258. Order of Queen in Council. Approving Representation
St. James's. o f April 4, and ordering the Lt. Gov. of Bermuda to restore
Edward Jones etc. accordingly. Signed, Edward Southwell.
Endorsed, Reed. Read May 8, 1704. 1 p. [C.O. 37, 6. No. 13 ;
and 38, 5. p. 471.]
April 20. 259. Order of Queen in Council. Referring the Repre-
St. James's, sentation relating to Mr. Bridger to the Lord High Treasurer to
report his opinion. Signed, Edward Southwell. Endorsed, Reed.
Read April 27, 1704. 1 p. [C.O. 5, 863. No. 91 ; and 5, 911.
p. 239.]
April 20. 260. Gov. Dudley to the Council of Trade and Plantations.
Boston. Refers to letter of March 10. Since which time severall parties
that I have in the woods to the head of Connecticutt, Merimack
and Saco Rivers are returned, they were in all 600 men in four
parties and kept the f orrest upon a 3ft. snow in show shoes, carrying
their provisions with them for 20 days, but found no Indians,
they having early before Christmas gone Eastward as far as
Penobscot, but I have thereby given this country as well as the
Indians conviction, that we can bear the frost and travell with
our victualls as long as they, and the spring being now come,
I am preparing about 700 men to range the coast from Casco Bay
Fort to St. Croix, the extent of this Government, to keep the
Indians from their fishing and planting, to distress them farther
against winter, which will demand 20 sloops with provision to
attend them, and this is besides 600 men in garrison upon
the frontiers in a line from Marlborough to Wells, as
your Lordships will see the frontiere to reach in the mapp,
which I humbly offer'd your Lordships by the Centurion, and as
an encouragement to voluntiers in the service the Assembly at
their last Session agreed to pay 100Z. per head for every Indian
above ten years old brought in by the voluntiers who march
without pay. During the time of the forces being abroad, the
100 COLONIAL PAPERS.
1704.
French and Indians about 200 came from Mount Reall directly
over the Lakes, and on Feb. 1 fell in upon a village called Deer
Field, our uppermost Settlement upon Connecticut River, which
was taken in by a palisado containing about 40 houses, wherein
were 70 men inhabitants, and 20 musketeirs I had lodged there
as a garison, but the watch being neglected the Indians got into
their gates, fired severall houses before any alarm, but when
they were got to armes they defended themselves tollerably
till 60 men from that field [? Thatfield], the next village, as I
had ordered, came to their releif and beat the enemy out of
town, where notwithstanding we lost 20 men and 70 women and
children carryed away, but the enemy left 30 men dead behind
them, within 24 houres there were 300 men from the lower towns
of that River, from Springfeild and Hartford, in the village, but for
want of snow shoes dare not follow the enemy, this part is from
Boston 120 miles, and having no officers, nor regular soldiers for
their example, are not so ready and under command as they would
be if H.M. would favour those provinces with two or three foot
Companies to be disposed in these parts as at New Yorke, where
the very being of the soldiers in garison hath secured the Maquas
at peace for severall years last past. While this was doing,
Brouillon, the Governor of Port Royall, had fitted out a privateer
sloop with 40 men to cruise at Cape Codd to look for our Western
victuallers to supply his garison, of which I was aware, and had
written to the Governor of Connecticut not to suffer them to
come round the Cape without a convoy, which I had ordered to
receive them at Martha's Vinyard, where they stayed so long
that by storm the French privateer was driven on shoare, and I
seized the men, who are now prisoners, and may serve to exchange
for the people they carryed away, the said prisoners give me
account that there are drawn together from Quebeck, Port Royall
and our own Indians, 1,000 men, who intend for Piscataqua early
in May ; I hope to have a force there ready to receive them,
but the Settlements in the Province of Mayne are so open and
unguarded that it is impossible to save them all from a less number
of men, but I shall doe what is in my power, and besides the
inhabitants I have 300 men in garison and 100 Indians, which
I have lately entertained from Connecticutt Colony, and am
fitting out 10 sloops with about 600 men to seek their head-
quarters in their absence. I hope I shall keep the war at a good
distance, but their waters and swamps Eastward are so un-
passable that it is impossible to root them out. These services
by sea and land demand a very great share of the people of this
Province, and instead of assistance from Rhoad Island, my next
neighbours, I have some hundreds of young fellows, the fittest
for the service fled thither, and entertained there, and I have no
means to reduce them, but they will double their Province,
and give me no assistance of men or money, and in a very short
time if the war presses upon me, I shall be able to doe very little,
my seamen as well as landmen taking refuge there where they
doe no duty nor pay any tax. By the Centurion I gave your
Lordships account of my obedience to H.M. directions in Mr. Allen's
AMERICA AND WEST INDIES. 101
1704.
affairs at Piscatacqua, which he acknowledged to have put the
people into a better disposition and just opinion of his title, and
nothing shall be wanting on my part to put him into an absolute
and quiet possession of the Wast, there is some little misunder-
standing between himself and Mr. Usher unhappily fallen, which
may prove the greatest obstruction. I have yet no other
assistance for the sea but the Gosper, which is uncapable to doe
the services of one of the Provinces much less of both, and if, as
we have a rumor here, the French fleet should call, we have
nothing to secure us, but they may lye before Boston or New
Castle in Piscataqua, and bomb the places where the seat of our
Trade is. I humbly acknowledge the receipt of your Lordships'
letters of July 29 and Aug. 6, 1703, and thank your Lordships
for the farther report of the state of these H.M. Provinces, and
hope the comming of a fourth-rate frigot to be added to the
Gosper, absolutely necessary for the service here. Your Lordships'
expectation of the Assemblies obedience to H.M. commands,
for the settlement of a salary for the Governor here, must be at
an end, if the Centurion be well arrived as I hope, where they
have given their last peremptory answer to both H.M. gracious
commands, referring to Pemaquid and that of a salary. I can
sincerely protest to your Lordships I never intended in anything
to use more skill nor application privately as well as in the
Assembly, to have obtained an obedience in the rebuilding of
Pemaquid, but without any successe with men that forget their
duty, and the Address that the Representatives privately sent
away digested by a secret Committee with their Memorial, which
I hoped would never have been seen by your Lordships, Mr. Phips
now adviseth me he presented, which I humbly hope your
Lordships will please so far to animadvert upon, as to prevent
such methods for the future and to doe me the favour to acquitt
me, I being perfectly ignorant thereof. I have now a second
Commission for Mr. Byfield, Judge of the Admiralty, and he was
this day sworn in Council! and not before, and I shall leave
nothing undone for H.M. service in the power of that Court.
The Indian boy mentioned in that letter will now be useless, the
Indians having broken all faith with me, and I should not returne
him if he were here. In obedience to the letters of Aug. 6, I
have enclosed plans of all the fortifications in these Provinces,
and what is needfull for the present workes, which Col. Homer
saith was done formerly, or I had not omitted it so long, but
they may be mislayed comming over before my arrivall. Besides
the cannon I am in great want of small armes, which are daily
wasted by my forces abroad, especially the Indians in H.M.
service. It would be a great favour, and that which I pray this
people may deserve, if I might receive a small quantity, if but
500 small armes for both the Provinces. My Lords, I shall
continue with all possible industry and application to serve
H.M. here, and pray that it may be acceptable to H.M. and to
your Lordshipps. The hurry of the war in a great measure
prevents the inhabitants going upon the turpintine and hemp
trade, but I am sensible that if the people here be not put upon
102 COLONIAL PAPERS.
1704.
it, or that H.M. will please to have some ships of war built here for
her own service, whereby the people may make returnes, the
woolen trade from England will sensibly be impaired every
year, and great quantities of all sorts of woollen clothes made
here to the great hurt of the Kingdom of England, which it is
my duty with your Lordships' directions to prevent. Signed,
Jos. Dudley. Mr. Romer, the Engineer, is at some distance
from me. If I cannot get his planns of the fortifications they
shall come by the next conveyance. [(7.0. 5, 911. pp. 344-
352.]
April 21. 261 . Copy of a clause in the Charter of the Massachusetts
Bay. Subscribed,
261. i. Opinion of the Attorney General thereon : "If there
be noe other clauses that exclude the power of ye Crown,
I am of opinion H.M. may by her prerogative erect
a Court of Equity in the said Province as by her Royal
authority they are erected in other H.M. Plantations,
and it seemes to me yt. the General Assembly there
cannot by virtue of this clause erect a Court of Equity."
Signed, Edw. Northey. Endorsed, Reed. Read March
[? April] 22, 170|. 1 p. [(7.0. 5, 863. No. 90 ; and
5, 911. pp. 222, 223.]
April 21. 262. Advocate General to the Council of Trade and
DD. Commons. Plantations. The question proposed to me yesterday is deter-
mined by a clause in H.M. Declaration of June 1, 1702, that " all
prizes taken by any Privateer and brought into Port shall, unless
otherwise decreed by the Court of Admiralty, be continued in
the possession of the Privateer, having only Custom-house Officers
on board to secure H.M. dues." Signed, [Sir] J. Cooke.
Endorsed, Reed. Read April 27, 1704. | p. [(7.0. 323, 5. No. 46 ;
and 324, 8. p. 433.]
April 21. 263. Governor Dudley to [? Mr. Secretary Hedges]. I
Boston, adventure this by Lisbon, having no direct conveyance. Repeats
gist of part of No. 260. Prays for payment of the money dis-
burst for raising Capt. Walton, the second Company sent to
Jamaica. I am indebted for the ship that transported them,
etc. Signed, J. Dudley. \G:0. 5, 751. No. 50.]
April 25. 264. Jeronimy Clifford to the Council of Trade and
London. Plantations. Desires that Capt. Nicholas Hallam may be heard
relating to his affairs in Surinam. Signed, Jer. Clifford.
Endorsed, Reed. Read April 27, 1704. 1 p. [C.O. 388, 75.
No. 88.]
April 25. 265. Council of Trade and Plantations to Mr. Secretary
Whitehall. Hedges. Enclose Governor Handasyd's proposal for taking
possession of Campeachy and settling a Governor there, to be
AMERICA AND WEST INDIES.
103
April 25.
1704.
laid before H.M. But whether with regard to the present con-
juncture and to the letters that have been writ to the Spanish
Governors, and the opening of that trade in concert with the
Dutch, it be convenient at this time to make such an attempt,
which cannot be done without considerable charge to the Crown,
we most humbly submit to H.M. [C.O. 138, 11. p. 264.]
266. Wm. Popple, jr., to Josiah Burchett. The Council of
Trade and Plantations enclose a copy of Governor Handasyd's
letter, relating to H.M. ships of war, for the information of H.R.H.
Council. They have given directions to him that, when any-
thing occurs to him relating to the affairs of the Admiralty, he
give a particular and immediate account thereof to the Lord High
Admiral or H.R.H. Council. And their Lordships having reed,
from Governor Codrington an account of H.R.H. tenths of prizes
condemned at Nevis since July 28, 1702, they have also com-
manded me to send you the inclosed copy to be laid before
H.R.H. [C.O. 138, 11. p. 263.]
267. Board of Ordnance to the Queen. Desire to know
H.M. pleasure with regard to their proposal for an Engineer for
Barbados. [See April 4.] Signed, Granville, Ja. Lowther,
C. Musgrave, Wm. Bridges. Endorsed, Reed. Read April 28,
1704. Copy. I p. [C.O. 28, 7. No. 30 ; and 29, 8. p. 430.]
268. Wm. Popple, jr., to Wm. Lowndes. Governor Nicholson
having transmitted several Bills, two of which have relation to
H.M. Customs [(1) For preventing frauds in the Customs and (2) for
improving the staple of tobacco], the Council of Trade and
Plantations desire you to move my Lord High Treasurer, that they
may have the opinion of H.M. Commissioners of the Customs
thereupon. [C.O. 5, 1360. pp. 467, 468.]
April 25. 269. Affidavit of James Blair. In support of the Memorial
of the Major part of the Council of Virginia against Governor
Nicholson. Signed, James Blair. 8J pp. [C.O. 5, 1314.
No. 7.]
April 25. 270. Affidavit of Robert Beverley, formerly Burgess of
Assembly of Virginia. Gives evidence of Governor Nicholson's
persecution of him and hectoring the Assembly and of his
" penurious way of living and publick treats. He lives in a
little low wooden house worse then many overseers have . . his
servants are often stinted to one small dish a day among them.
The last General Court his hostess complained that his whole
account came to but 13Z. Of late he has usually treated the
Assembly four times a week except once, and commonly sends
drink to several of their chambers," etc., etc. Signed, R. Beverley.
4 large closely written pp. [C.O. 5, 1314. No. 10.]
April 25. 271 . Affidavit of Stephen Fouace. Gives evidence of
Governor Nicholson's violent abuse of Col. Jennings, and of
April 25.
Office of
Ordnance.
April 25.
Whitehall.
104
COLONIAL PAPERS.
1704.
Major Burwell, his mistress's father, etc., who, he thought, were
against his match ; and of his abuse of deponent and other
clergymen, etc. Signed, Stephen Fouace. 4 pp. [(7.0. 5, 1314.
No. 11.]
April 25. 272. Affidavit of James Wallace. After preaching before
him, Governor Nicholson violently abused him for daring to tell
him his duty etc., etc. Signed, Ja. Wallace. 1J large closely
written pp. [(7.0. 5, 1314. No. 12.]
April 26. 273. Affidavit of George Luke. He heard Governor Nicholson
cursing and swearing in the churchyard immediately after
receiving the Sacrament. He violently abused him and caused
his wife to be kept in gaol upon a baseless charge of burglary.
Signed, G. Luke. 1 p. [C.O. 5, 1314. No. 13.]
[April 26.] 274. Account of Officers and Sentinells, killed, wounded
deserted and taken prisoner at Guardalupa, since our first landing
March 12, until May 6, 1703. Officers, 18 dead, 18 wounded,
165 living. Sentinells, 226 dead, 191 wounded, 59 deserted,
12 prisoners, 2,719 living. Reed. Read April 26, 1704. 1 p.
[C.O. 152, 5. No. 67.]
April 27.
Whitehall.
275. Wm. Popple, jr., to Wm. Lowndes. In answer to your
letter of 19th inst., the Council of Trade and Plantations doubting
whether a clause in the draught of H.M. letter relating to prizes
were agreable to Law etc., have thought fit to consult H.M.
Advocate General. They enclose his opinion, and pray my
Lord Treasurer's further directions. [C.O. 324, 8. pp. 431,
432.]
April 27. 276. Wm. Popple, jr., to Wm. Lowndes. Encloses, to be
laid before the Lord High Treasurer, copies of Governor Handasyd's
Accounts of Prizes condemned in Jamaica, May 4, 1702 March 1,
170 1, and Col. Codrington's Account of Prizes condemned at
Antegoa since the war. [C.O. 138, 11. p. 265.]
April 27.
Whitehall.
April 28.
277. W. Popple to the Clerk of the Council in Waiting.
Encloses Col. Codrington's letter of Feb. 6 etc. (See April 4, 5.)
[C.O. 153, 8. pp. 281, 282.]
278. Affidavit of R. Beverley that the following letters
are genuine. Annexed,
(a) Wm. Byrd to Philip Ludwell. Virginia, July 6, 1702.
Concerning the sitting of the Assembly etc.
(b) Robert Carter to Philip Ludwell. March 1, 170f.
(c) Col. John Lightfoot to James Blair. Williamsburgh,
Oct. 21, 1703. The Governor abused me for siding
with that d d Scotch Parson, Blair, and said that
there is a d d Scotch conspiracy afoot against him,
and that he had not a Counsellor but was a rogue and a
coward, etc., etc.
AMERICA AND WEST INDIES. 105
1704.
(d) William Drummond to Capt. Wm. Passinger. Dion
Wright, debtor to me, is designed to go to England with
you without a pass etc. I desire you to deliver him
up to justice.
(e) Wm. Drummond to P. Ludwell. July 6, 1702. Four this
year is at open variance with most of the other inferiour
plannets, etc. The breach is wide and still widens.
Capt. Passinger having refused to carry Wright out of
the country, H.E. said he would pay his debt, which
afterwards he refused to do, and commanded Mr. B.
Harrison, the King's Attorney, to pick some legal
quarrel with me upon the account of my lease, and so to
turn me off the land I live on, which as yet they have
not been able to do etc. The whole, 12 pp. [(7.0. 5,
. 1314. No. 14.]
April 28. 279. Affidavit of Stephen Fouace, that the following letters
are genuine : (a) Philip Ludwell, jr., to Philip Ludwell, sr.
Mr. Fouace had much reason to leave us, but Mr. Wallace,
Capt. Moody's Chaplain and Minister at Kiquotan, has more.
Describes Governor Nicholson's violent language to Moody,
putting him on oath in Council and endeavouring to extract
evidence against Moody, when there was as yet no complaint
against him etc. Narrates the Governor's violent language and
scurrility towards himself. The occasion of his anger was that
in October General Court we had a meeting of the Governors
of the College, wherein the Governour told us it had been
represented in England that his living in the College had been a
great discouragement to it, and desired the Governors of the
College to declare whether it were so or not. This put us in a
dilemma. We must either accuse the Governor to his face or
tell a lie. Major Allen made him a great compliment, but we
endeavoured to avoid the question and proceeded to other
business, so the question was never put by the Rector, nor nothing
entered in the Minutes. But I presently found that Major Allen's
compliment was entered in the Minutes as a Declaration of the
Governors and protested. The Governor summoned me next
morning and abused me scurrilously when I refused to give
what I had then said under my hand. The Clerk confessed to me
that the Governor had called for the Minutes after the meeting
and dictated that entry to him. I should [not] have wondered
so much at this language if I had heard the scandalous nasty
reports he spread of me at Kiquotan. He said Mr. Blair's wife
and mine were common to us both, and at the same time pre-
tended friendship to my face. The Governor hath been at much
charge and pains to get Addresses. He called the Assembly
together again contrary to his promise ; all means were used
to gain the House. The Burgesses were treated very high and
closetted one by one, and those days he did not treat, he eat
with them at the Ordinary. At last when the Book of Claims
was gone to the Council and they thought all was done, several
of the factious party (as they are called) were gone about their
106 COLONIAL PAPERS.
1704.
affairs, it was moved that an Address of Thanks should be made
to the Governour, which was easily carried. Gary, Cor bin and
Bland were sent out to draw it, but it was drawn by P. Beverley
several days before. The Council would not pass the 10,000^.
tobacco the House had voted the Speaker. The Governor in
requital of the Address sent a message to the House wherein
he acknowledged he had promised and accordingly would support
them in that priviledge, which made the House stand by their
resolve ; but the Council being obstinate, the Country party
took heart and strengthened their party, so that if it had come
to a vote again, they would have carry ed it in the House, which
the Speaker perceiving, he made haste to relinquish his preten-
tions very generously. But it is said the failing of that point
cost the Governor 50/. to P. Beverley. At the General Court,
when the Grand Jury were to be impanelled, Peter Beverley,
Gary and Bland were had there early to be on the Jury, and the
Sheriff was told Mr. Beverley was the fittest man in Virginia
to be foreman. They had such a charge given them as I never
heard before, and, according to their directions, made a very
loyal Address and complimented him highly. Next he calls
the Clergy and pretends that it had been represented to my
Lord Bishop of London that he was not a friend to the Clergy,
and desired them to declare whether it were so or not, and because
their Address should be more hearty, invites them to breakfast
and distributes 201. amongst them. The Address was accepted
but when Col. Quary saw it, it seems he had better eyes than
the Governour and found the Address not to be so good as he
thought for, wherefore he sent all about Town early in the morning
to call all the clergymen that were in Town (except Mr. Blair),
and when they came he demanded an explanation of the Address,
and those that would not be wheedled, he scared to it, and gave
them an Address the Clergy made to him at his first coming to
copy by. He then carried it to those that were gone out of Town
and got their hands to it at their houses. If they scrupled it,
he hectored them to it. Since that, he hath had several private
caballs with some select clergymen, such as Wheatly, Jones,
Portlock, partly to make him elogies and part to complain against
Mr. Blair. I observe you advise that the Council should petition
the Queen for an augmentation of their salary, which I am much
against, for (1) they have no reason to expect the Governor will
joyn with them in it, unless they will do some very base
thing to ingage him to it. (2) If the Council will be so mean
spirited as to let a Governour do all the ill things he pleases in
their names, and all the while using them like slaves, not suffering
them to have any opinion of their own, and have not the courage
to complain when they have no profit to oblige them, what will
they do when they fear to lose a profitable place, or what will not
others do to gain it ? Arbitrary power is grown to a high pitch
among us. Laws and liberties openly trampled upon, and all
things carryed with high hand to that degree that if any man
do but expose any of the creatures for any villany they commit,
tho in his own justification, immediately a Proclamation is sent
AMERICA AND WEST INDIES. 107
1704.
out against them, as tho' he were a rebell and traitor, and all
persons required to give evidence of whatever they know of him.
We have a very notable instance of this lately, betwixt
Major Allen and Major Tho. Swan, and it was only for exposing
Gary and Wilson that the Governor pickt such an immortal quarrel
with Moody, whom he hath used basely beyond expression.
At Yorke Court *he committed him to custody of Sheriff, and
used him very grossly before the people for posting Gary, and
when the people were gone, embraced him in his arms and kissed
him, ingages him to complain to him of any affronts offered him,
upon promise to make the parties give him satisfaction, and by
this means gets several letters from Capt. Moody about then*
quarrels, and then brings them before the Council in judgment.
We have had an election of Burgesses for the ensuing Assembly
in which there hath been such preoccupation as I think for [sic]
promises, threats, spreading scandalous reports among the people
of worthy persons, brow-beating at elections, and what not.
For instance, the Governor went to Charles City County and
railed publickly at Ben. Harrison, wherever he came, casting
most scandalous reflections on him, perswading all people from
choosing him, promising the sheriffs and clerks places over and
over, and some were told in the Governor's name, they had as
good be damned as choose him. Having rid all through Charles
City from house to house, he went to Surrey and commanded
the High Sherrif to inquire as he went about his county and give
him an account upon oath what persons spoke any ill things of
Major Allen, and at the same time exclaimed bitterly against
Nat. Harrison, and so went through the County perswading
for Major Allen and diss wading against Nat. Harrison, tho' to
little purpose. At Surry Election tho' Major Tho. Swan were
chosen unanimously, Major Allen did, in the Governor's name,
forbid the Sheriff, at his perill, to return him. In James City
County, the Sheriff was told he could not serve two masters, and,
if B. Harrison were chosen, he should never expect any favour.
And the Rt. Noble Little Col. Jennings was as busy as a bee in
Yorke ; and tho they could say nothing in praise of Ballard,
they spread false reports of other worthy persons among the
people, nay, the Col. was very angry with the People for demanding
a poll. I could give you many other instances, but time being
short I shall close all with poor James City, that hath had the
priviledge of electing a burgess ever since we have had Assemblies,
and that confirmed by a Law now in force, is now refused a writ,
upon pretence that the State House being gone from thence, it
is not the Metropolis ; but the true reason is, he doth not expect
a Burgess from thence for his turn. He tells us he will transmit
our petition to the Queen, together with the Law, but we claim
the priviledge by custom long before that Law was made. I
hope you and Sir Jeff. Jefferies and Mr. Perry will all appear
for the poor town, when it comes before the Council of Trade.
By means of these practices, I fear we shall have a very bad
Assembly. Pray God deliver us, for great endeavours are used
already to gain the Burgesses, and if their House be intirely
108 COLONIAL PAPERS.
1704.
gained, woe be to us. Here will be no living for any but parasites.
Opening letters is grown so common that it is hardly accounted
a fault. The Governor gave my brother Bur well 2 of his letters
he had kept above half a year. We are fully convinced of the
good offices the worthy Col. Quary did us in England by his
behaviour here. I have heard gold cleers the sight, but I find
a gift blinds the eyes ; for tho' the Col. might have seen and heard
enough to convince any man, yet he was so free as to tell me that
he could not see but that the country in general was very well
satisfied with the Governour, and instanced the Addresses, etc.
(b) Benjamin Harrison to [I], Refers to [Governor Nicholson's ?]
opening of correspondence. All men were never made so uneasy
in my time, and only because a violent man will have it so, etc.
July 6, 1702.
(c) P. Ludwell, jr., to Philip Ludwell, sr. March 15, 170f.
Reply to objections to the Address of tne Assembly being sent
not by the Governor's hand. We did not know it was necessary.
When the charge of trying the pirates was brought to the Assembly
they were unwilling to pay it. But the Governor promised if they
would pay it, and Address the King for a sum of money out of
the Quit-rents towards building the Capitol, he would joyn with
them, and endeavour to obtain a grant, which they did, but he
did not send the Address. They had therefore no reason to
trust him with one that he endeavoured to prevent, nay he com-
manded the Clerk of the House in the King's name not to give
copies of the Address or Journal to anyone. I observe it was
asked Mr. Perry if any force were used by the Governor. It is
true there was no force of arms, but there was all the force of
hectoring, threatening and ill-language that could be used. It
was objected that the Assembly sat and spent 1,800?. and gave
their Agent 300?. to avoid giving 900?. I should wonder the
Governor was not ashamed to object that, if I did not know
that nothing will shame him ; for if you convince him of never so
great a lie, he does but sneer at it. It was come to that pass,
that the Burgesses, understanding if they would not give it, they
should be kept there till the charge of their sitting exceeded it,
to make them odious to the people, they were so hot they were
just going to pass a vote that the Burgesses should serve for
nothing the remaining part of that Session, but I suppose the
the Governor had intelligence what was said, and sent them
other business, and it appears by their Journal that it was not
their faults. As to the 300/. to the Agent, it will be good fish
when it is caught. It is true it passed the House, but not the
Council, for they thought it too much, tho' I believe everyone
will agree the public credit ought to be maintained. It seems
it was observed that but 4 of the Council signed. It was passed
in full Council, but at last the rest of them were gone out of town.
It is thought very hard that the Address of the whole Country
should not be so much as looked upon, because they did not like
the Messenger.
(d) Benja. Harrison to Philip Ludwell. Virginia, March 16,
170f. Our calamities daily increase etc.
AMERICA AND WEST INDIES. 109
1704.
(e) Major Lewis Burwell to Philip Ludwell. Virginia, July 23,
1703. I am daily alarmed with threatening messages of ruine,
for what I know not, unless it be because I will not force my
daughter to marry utterly against her will, which is a thing no
Christian body can do. The other day I received a message
that I must ride in one of our troops, and if I refused so to doe,
I am to be fetcht out of my house by violence and compelled
to ride, altho' I have the Queen's quietus for being one of the
Council by reason I am disabled in my limbs.
(/) Philip Ludwell, jr., to Philip Ludwell, sr., Virginia, July 26,
1703. You desire the reasons why Ja. City County had no Court
for some time. The Justices did address the Governor the very
next day after they found that the only Law that impowered them
to try causes was repealed, but could never have any answer,
neither would he lay it before the Assembly. The reason why
it happened only to that County was that at first it was not
known to other Counties, and it happened that very soon after
the Governor fell right out with B. ~H.[arrison] (I suppose about
the amour) and was resolved to draw an odium on him, at the
same time his emissaries pers waded people that tho' the Law
was repealed, they had power, and that if -they had not,
it being a general thing, there was no danger, which opinion
most men ran into readily to avoid the' inconvenience of wanting
Courts, when they saw the Governor would apply no remedy.
At last when the people petitioned the House of Burgesses, the
Governor managed it so that it was with difficulty they would
do so much as give then* opinion that the Justices might decide
causes of meum and tuum, and then the Court did decide causes :
and all the while they never failed to hold Courts duly every
month to grant probates etc., and all things belonging to J.P.s
except trying causes, and that they would have done, if the
Governor and Council would have said they might. So that the
whole fault lay at the Governor's door, and to shew you how
the People resented it, B.H. was unanimously chosen Burgess
the very next election. ... I could not think Col. Quary could
be so very impudent as to write such damned downright lies as
he hath done. I do not believe he spoke with 3 men of any
note except the Governor and two of his creatures and Mr. Blair
and myself. I hear he is to be here in the fall. I wish he may
not embroil this Government as he did that of Carolina. I sup-
pose my brother Burwell tells you how true that part of the
Col.'s letter is that the Governor is become so entire a convert,
and hath laid aside the amour. He and his creatures have
industriously spread abroad, that tho' Lucy would not accept
him, she and her friends had taken presents to the value of 500?.
All the things that she had received were 3| yards of dirty point
lace and a purse containing 8 stone rings and a small seal, which
he put into her hand wrapt up in her handkercher, and rid away.
She sent them back and he returned them, and we then left them
again at his house, whereat the Governor violently abused me, etc.
(g) B. TL[arrison] to Philip Ludwell. May 28, 1703. Places
are now shifted as often as the occasion requires to put out or in,
110
COLONIAL PAPERS.
1704.
April 28.
Whitehall.
as men will or will not serve a turn. . . I know no better way
we had than to imploy men that go out of the country that are
witnesses to the truth of our complaints etc. Quary's arrival
did but blow the coals that flamed before. He was not sent for
England to speak truth, and before he returned he forgot to do
it. What could anybody expect from the Country's profest
enemy, but to do what mischief he could. There was a great
design on foot between him, S r Thomas Lawrence and some-
body else, but I thank God 'tis defeated. There is a little
confident fellow gone in the last fleet, a second Denis Wright,
who I suppose is to add a second edition to Quary's romance,
but Mr. Wallis is gone likewise, a man of good life and credit.
. . . Col. Leigh fell from his horse lately and cracked his
scull and is dead. 'Tis said he was drunk at Parson Booker's
of the Sabbath Day, and going home happened to that
accident.
(h) Nath. Harrison to Stephen Fouace, July 15, 1702.
Describes an interview at which the Governor swore at him " at a
most horrible and blasphemous rate," etc.
(i) Lewis Burwell to Stephen Fouace. Virginia, July 22,
1702. I purpose for England, for I shall not be able to live here
... we meekly lay under heavy threats of ruin, etc.
(j) Nath. Burwell to Phil. Ludwell. Oct. 13, 1703. The
Governor continues to rage against my father, etc. The whole
endorsed, Reed. Read April 28th, 1704. 45 pp. [C.O. 5, 1314.
No. 15.]
280. W. Popple, jr., to Mr. Attorney or Mr. Solicitor General.
The Council of Trade and Plantations desire your opinion in
point of Law upon the Act for establishing Courts and settling due
methods for the administration of Justice in Antigua, passed there
Feb. 8 last. I am further to desire Mr. Attorney General's answer
to the letter I writ him March 31. [C.O. 153, 8. p. 283.]
April 28.
Whitehall.
281 . Council of Trade and Plantations to Mr. Secretary
Hedges. The convoys being shortly to sail for Newfoundland,
we send you the draught of such a Commission as has been yearly
granted to the Commodore for commanding the Forts and Soldiers
during his stay there, as also the draught of a Commission to the
Captain of the said soldiers for commanding in chief in the absence
of such Commodore, which we pray you to lay before H.M. for
her royal signature. Annexed,
281. i. Draught of Commission for the Commodore referred
to above. [C.O. 195, 3. pp. 301-303.]
April 29. 282. W. Popple, jr., to Mr. Attorney and Mr. Solicitor General.
Whitehall. There being three Bills transmitted from Virginia, [for the better
securing the liberty of the subject ; for limitation of actions ; and for
establishing County Courts etc.], the Council of Trade and
Plantations desire your opinion in point of Law with as much
speed as may be upon them, the Secretary of Virginia attending
AMERICA AND WEST INDIES. Ill
1704.
here on that account. These Bills may be altered in any part
thereof as Bills transmitted from Ireland. [C.O. 5, 1360. p. 469.]
May 1. 283. Affidavit of Capt. Moodie. Directed to prove the charges
against Col. Nicholson of using violent "billingsgate language " to
Ministers etc., and of autocratic behaviour towards himself, etc. If
he was not removed, the best sort of the people would leave the
country etc. His few supporters are such as he put in place,
particularly Col. Will. Wilson, a Naval Officer, who is one of the
greatest traders in Virginia, etc. Signed, J. Moodie. Endorsed, Reed.
April 26 and May 1st, Read April 28, 1704. 3 large closely
ivritten pp. [C.O. 5, 1314. No. 9.]
May 1. 284. Deposition of Mr. Commissary Blair concerning
Governor Nicholson's mal-administration with relation to the
Clergy, the College, and himself. [Cf. Memorial of Council of
Virginia, April 10.]
He abuses that part of the Ecclesiastical Jurisdiction com-
mitted to himself and invades that left to the Bishop of London.
He gave a licence to Snead, a man of no estate, to marry an
heiress of York County contrary to the consent of her Guardian.
He refuses to sign probates for nine or ten months : has not
inducted one Minister during his Government ; they are thereby
kept in precarious circumstances, ready to be turned off at
pleasure, which makes the better sort leave the country and the
rest obsequious. He convocates the Clergy without taking notice
of the Bishop's Commissary, appointing preachers at those
convocations, proposes the subject matters thereat and holds
separate meetings of the Clergy himself, and gets them to sign
papers in the name of the Clergy, requiring of some canonical
obedience to himself, and turning out Ministers without process
or trial. I have heard him say the clergy were all a pack of
scandalous fellows etc., and several of the most noted good
characters he abused with the most opprobrious names. Some
he has made ride bare-headed by him in the bitter cold and
scorching heat, some he has laid violent hands on whilst they
were on horseback and pulled off their hat himself, or threatened
publicly to tear their gowns over their ears, swearing the most
dreadfull oaths in their presence, often at the Church door, and
and if any preached of any duty he was known to neglect etc.,
he seldom escaped without threats. The Addresses he obtained
by treats and threats etc. As to the College. He has not
endeavoured to get the Assembly to assist the College in their
necessity. He railed against the building, though extraordinary
good for that country, and entered a publick protest against
it in the College Records. He reflected on the College Accounts,
threatened the Governors with a writ of enquiry, declaring
solemnly that if they could give no better accounts, he must
be of the people's opinion that the College was only a trick to
serve some men's particular designs. He put such an affront
upon them as to order their accounts to be laid before the Grand
Jury, but no fault could be discovered. I have heard him swear
112 COLONIAL PAPERS.
1704.
that he would seize the College for the King's use, and he crowded
into it the Secretary's Office etc., to the great disturbance of the
College business. As to ye finishing part of it, he did so excessively
hurry it on for those several uses, that partly by the timber being
unseasoned, and partly by employing unskilful workmen, it was
shamefully spoilt. By giving excessive wages, and by several
unnecessary additions of his own invention, without the direction
of the Governors of the College, they were brought 500?. in debt,
besides 200Z. which at first he advanced towards the founding of
a scholarship, but spent in finishing the building, yet afterwards
made the College repay it every farthing, when he had had the
applause of it both in England and Virginia. In order to the
ruining of the College Revenue, for about two years they had none
of the Id. per pound from Maryland, by his contrivance, etc.,
so that there was not enough to pay the Masters' salary s. He
tried to hound me out of the Country. The occasion he took to fly
out into open enmity with me was a pretended jealousy of my
brother, as if he had been privately a-courting his Mistress, and swore
to be revenged on me. Since then he has frequently threatened
and abused me in public, and maliciously calumniated me,
accusing me to my Diocesan of whoredom, adultery and incest,
whereas I am clear from the least imputation of that nature.
Now he denies that he writ any such thing. I have had no salary
from the College for two years. He wrought upon a great part
of the Clergy to join in a complaint of me to my Lord Bishop
of London, for having suspended a Minister for notorious
drunkenness and other proved crimes. He tampered with my
servants, once tried to break into my room ; and once, a fort-
night before Christmas, 1702, while I lodged in the College, I
heard the Schoolboys about 12 p.m. a driving of great nails to
barricade the doors of the Grammar School. I was mightily
surprized, for we had banished this custom, and it was quite left
off, for some years. I made haste to gett up, and, with the
assistance of two servant men, had almost forced open one of
the doors, before they sufficiently secured it. But they fired off
3 or 4 pistols, and hurt one of my servants in the eye with the
wadds. While I prest forward, some of the boys having a great
kindness for me, call'd out "For God's sake, ST., don't offer to
come in, for we have shott ; and shall certainly fire at any one
that first enters." I began to think there was something more
than ordinary in the matter, and desired a Parly with them,
thinking to find out upon what account it was that they had
provided fire arms, powder and shott, which they had never used
to do ; but that night they would not discover it : though I
confess I had some suspicion of the designs of my malicious
neighbour. In the morning, getting all the other Masters
together, and calling for workmen to break open the doors,
before wee began, wee offer'd them a pardon if they would open
of their own accord and tell us the truth, who it was that sett
them on, tho' by that time I had seen one of H.E. servants that
morning a handing of them in some more powder. Upon this
the boys sent out at a window by a ladder, one of the cheif
AMERICA AND WEST INDIES. 113
1704.
Confederates, that knew the whole plott. The short of his story
was, that while they had. no thoughts of any such thing, the
Govr. sent for him and put him upon it, gave them money to buy
victuals and drink and candles, and powder and shott, and lent
them six of his own pistols. Upon hearing that the Govr. was
the author and contriver of this business, we sent the boys to
him, leaving to H.E. to determine the time when he would have
them dismis'd, for it was then about a week before the usual time.
H.E. being out of humour, to the great disappointment of the
boys, order 'd that they should continue at their books till the
usual time, and then be dismis'd. This decision made them very
angry, and they said they wondered what he had made all that
to do for, when they were not to be dismis'd one day sooner than
ordinary for their pains. When we enter'd the School, wee
found the Gover.'s three parr of pistols, with some swords and
other weapons they had provided. It was God's great mercy
to me that the boys gave me warning of the shott, and so sav'd
me from the danger which I have too much reason to suspect
was contriv'd on purpose upon my account, H.E. being then in
too bad an humour to do such a thing out of a frolick ; besides
that the fire-armes, powder and shott, my lying in the Colledge,
and the differences between him and me, wch. at that time were
come to some heighth, made ye badness of ye design too, too
probable. About 6 weeks later, someone, whom I believe to have
been the Governor himself, came to my chamber door and
endeavoured to break in, etc. Signed, James Blair. Endorsed,
Reed. April 26 and May 1st. Read April 28 [sic], 1704. 5 large pp.
[C.O. 5, 1314. No. 8.]
May 2. 285. Council of Trade and Plantations to Sir Charles Hedges.
Enclose Printed Instructions to privateers and an Additional
Instruction to be given to privateers in America by the respective
Governours there, upon their receiving H.M. orders from you,
it seeming to us necessary that both the said Instructions, as also
an authentick copy of Lord Nottingham's letter relating to a
Trade with the Spaniards be sent to the Governments under-
mentioned. The orders to be given to men of war, privateers
or letter of marque ships going from England being to be given
by H.R.H. the Lord High Admiral, which is all that occurs to
us at present for the West India Mail, for which our particular
letters will be ready to be sent on Thursday next. Annexed,
285. i. List of Governors to whom above Instructions etc.
should be sent. Same as Feb. 18, with addition of
Sir William Mathew and Mr. Penn.
285. ii. Printed Copy of Instructions to Privateers. St. James's.
June 1, 1702. Countersigned, C. Hedges. 7 pp.
285. iii. Additional Instructions to Privateers. St. James's,
May 4, 1704. Whereas we in conjunction with our allies
the States General are willing to encourage our and
their intercourse with such of the Spanish Nation in
the West Indies as shall be inclined to acknowledge
the title and sovereignty of Charles III, King of Spain,
wt. 2710. 8
114 COLONIAL PAPERS.
1704.
with whom we are in friendship and allyance. We
therefore direct that from and after June 1, 1704, no
injury, violence, spoile or molestation whatsoever shall
be done by any of our ships of war, privateers, letters
of marque or by any of our Governours, or under their
permission or authority, or any other officers of, in or
belonging to any of our Isles, Colonies or Plantations in
America, upon or within the main land of the Continent,
or of the Isles or Plantations belonging to the Spaniards
in America, or against any of our subjects or the subjects
of the States General, or any of them, their ships, vessels
or goods, that shall be found coming to or going from
any Port or Place in the Spanish West Indies, etc.,
anything contained in our Declaration of War or Com-
missions to the contrary notwithstanding, provided
that no goods belonging to the inhabitants of France
or its vassals or any others inhabiting within the
Dominions and Territories of that Crown, nor any
contraband goods or provisions of war be permitted
to be carried to any Spanish Plantations in any ship
whatsoever etc. ; provided also that this Instruction
be so understood as that it may still be lawful for any
of our men of war etc. to attack and seize any Spanish
ship, according to the intent of our former Instructions.
Countersigned, Ch. Hedges. [C.O. 324, 8. pp. 434-
439.]
May 2. 286. J. Bridger and others to the Council of Trade and
Plantations. Proposes to supply H.M. with 15,000 barrels of
pitch and tar in five years from Dec. 1705, tar at 36s. per barrel,
and pitch at 23s. per cwt. The tar barrels to guage 30 gallons
and to be delivered at Deptford etc. Signed, J. Bridger.
Endorsed, Reed. Read May 2, 1704. 1 p. [C.O. 5, 863.
No. 92; and 5, 911. p. 240.]
May 2. 287. J. Bridger and others to the Council of Trade and
Plantations. On condition H.M. grant them (who have been
the first producers of pottash in America) a patent giving them
the sole right and advantage arising thereby for 7 years, then
they will furnish England with the tar and pitch referred to above.
Signed, J. Bridger. Endorsed, Reed. Read May 4, 1704. 1 p.
[C.O. 5, 863. No. 93 ; and 5, 911. pp. 273, 274.]
May 2. 288. Council of Trade and Plantations to Sir Charles Hedges,
Whitehall. H.M. Principal Secretary of State. We desire you to lay before
H.M. the additional Instruction for New Jersey, as likewise that
for settling Ports in Maryland, and the warrants for using new
Seals in the Plantations ; that if possible, they may be sent
to Col. Nott, who only waits now for a fair wind, after which
there will be no other opportunity of conveyance for many
months. And that we may be enabled to answer your letter
AMERICA AND WEST INDIES. 115
1704.
of April 21, we desire you will send us all the papers which you
received from us, relating to Mr. Raworth, and the Canary
merchants. [(7.0. 5, 994.A. p. 202.]
May 3. 289. J. Burchett to Mr. Popple. H.M.S. Coventry at
A *Offfce ty P ortsmoutn > Capt. Lawrence, wch. is bound to Newfoundland,
and is the last ship that goes thither this summer, being now
ready to proceed, I am commanded by the Prince to acquaint
you therewith, that so if the Council of Trade and Plantations
have any heads of enquirys to send by her, you will please to
hasten them hither. Signed, J. Burchett. Endorsed, Reed.
Read May 5, 1704. Addressed. I p. [(7.0. 195, 3. No. 17 ;
and 195, 3. p. 324.]
May 4. 290. W. Popple, jr., to Lt. Gov. Bennett. The Council of
Whitehall. Trade and Plantations observing that the Commissions you
have granted to privateers being [sic] of too large an extent and
otherwise irregular, enclose copy of the Commissions granted
here in England, which is to serve as a form for those you shall
grant hereafter ; the form of the Instructions will be sent you
by Mr. Secretary Hedges. Encloses letters from Lord Nottingham
relating to Prizes and the Spaniards. [(7.0. 38, 5. p. 470.]
May 4. 291. Circular letter from Sir Charles Hedges to the several
Whitehall. Governors of the Plantations. Encloses copies of Lord -Notting-
ham's letter relating to trade with the Spaniards, and* an
Additional Instruction for Privateers. [See No. 285.] " The
Earl of Nottingham having resigned the Seals of Secretary of
State to H.M., and H.M. having been pleased to appoint me to
take care of the Plantation affairs, it is requisite that I should give
you notice of it, by this conveyance, that you may for the future
direct to me such letters as relate to H.M. service, and I desire
you will acquaint me, by all opportunities, of such things as
occur in your parts." Signed, C. Hedges. Annexed,
291. i. ii. Instructions referred to in preceding. [(7.0. 324, 30.
pp. 1-5.]
May 4. 292. W. Popple, jr., to Josiah Burchet. Enclosing following
Whitehall, to be submitted to the Lord High Admiral to be given in charge to
the Commodore of the Newfoundland Squadron for answers, etc.
Annexed,
292. i. Heads of Enquiry relating to the Trade and Fishery of
Newfoundland . [See Cal. A. and W.I., 1700. No. 198.1.]
Additional Instructions : Whereas it appears [from
former answers to the above Enquiries] that the Inhabitants
in general have not a due regard to the several regulations
for the more advantagious mannagement of the Fishery,
it being found that northwards of St. John's as far
as Carboniere, and to the Southward as far as Ferryland,
the trees are rinded and the woods destroyed as much
116 COLONIAL PAPERS.
1704.
as before the late Act ; that the Admirals of Harbours
and Masters of ships do not exactly observe the rules
prescribed by Act of Parliament ; that the vessells
from New England supply the people of Newfoundland
with provisions ; that the New England Traders seldome
depart the country till the men of war are first sailed,
and then they carry with them numbers of handicrafts-
men, seamen and fishermen whom they entice thither
in expectation of great wages ; that the Masters of
ships are very negligent in bringing their men home,
whereby they save the charge of their passage, and
those men so left are enticed and carryed to New
England ; that European commodities have been
carryed 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 com-
modities, and carryed to foreign parts, so that at the
latter end of the years the Masters have been wholly
taken up in the management of that illegal trade, which
might in some measure be prevented, had the officers
commanding H.M. ships power like that of a Custome
House Officer to seize such goods ; you are therefore
upon your arrival in those parts to take care as far
as in you lyes, that the best remedies be applyed for
the prevention of those mischeifs and to report your
opinion thereupon, in order to further consideration and
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. And whereas in
order to the better security of St. John's Harbour,
H.M. has given directions to John Hoop for the pre-
paring and fixing a boom, which is to be done with all
publick diligence, you are to inspect the carrying on
of that work, if not already finished, and to assist
therein, as far as the other service committed to your
care will permit. It having been represented to H.M.
by severall Merchants, that Trinity Bay being but three
miles overland from Placentia, the cheif Fort of the
French, from whence they have been frequently insulted,
and it being desired by them that, for the prevention
of the like mischeif for the future and the better security
of the fishing of that Bay, a fort be built there in some
proper place furnished with 20 or 30 guns, and that
40 or 50 soldiers be also sent thither with Officers, armes,
ammunition, etc. ; and they add, that Carboniere, a con-
siderable fishing place in Conception Bay, being also
in danger of insults from the French, it may be necessary
that it be in like manner fortifyed, alledging that the
same may be done at a small charge ; but it not
sufficiently appearing by their Memorials, in what
places the said forts may be erected, so as to be a security
AMEllICA AND WEST INDIES.
1704.
May 4.
Whitehall.
May 4.
Whitehall.
May 4.
Jamaica.
to the said Harbours from attacks by sea, and to the
Settlements from attacks by land, you are to view
those places and to report to one of H.M. Principal
Secretarys of State, and to the Council of Trade and
Plantations, how the same are fitted for such fortifica-
tions, and what may be the charge of erecting them.
[(7.0. 195, 3. pp. 303-323.]
293. Council of Trade and Plantations to Governor Handasyd.
Since our letter of March 17 we have received yours of Feb. 6
and March 5. We are glad to perceive you have been so successf ull
against the enemy by taking so many privateers. We have
laid what you write concerning the ships of warr before H.R.H.
the Lord High Admiral, but must advise you that hi all matters
relating to the Admiralty you make your application for the
future immediately and fully to H.R.H. , sending us copies thereof,
for our information. We have sent your proposal for settling
a Governor in the Bay of Campeachy to a Secretary of State, but
we cannot foresee that it will be approved of in the present con-
juncture, as you will judge by the Earl of Nottingham's letter
sent you in ours of March 17. As to your desire of directions
about dissolving the Assembly, we writ you, Feb. 16, that we
could not give any at this distance, but must leave it to you,
who being upon the place can best judge what will be most for
H.M. service on this and all other the like occasions. We observe
by the accounts of the Revenue formerly sent us and those now
received with your last letter that there are yet wanting the
accounts for a year and a half, viz. from March 25, 1700, to
Sept. 29, 1701, which we therefore desire you to send us by the
first opportunity, and to be very constant for the future in sending
us all the necessary information and papers for H.M. service.
We cannot conclude without observing to you that we find your
letter to the Spanish Governor printed in the publick newspapers,
as also several other things which are word for word the same
as what you have writ to us ; and upon enquiry it appears you
have writ the same to private persons here in town and sent
them copies of the same papers as to us, which you ought
not to do, and therefore we desire you to be more reserved in
matters of that nature for the future. P.S. The account of
Prizes you sent us, we have laid before the Lord High Treasurer.
[(7.0. 138, 11. pp. 265-267.]
294. W. Popple, jr., to Mr. Attorney General. The Council
of Trade and Plantations being prest for their dispatch upon
severall Virginia Laws, in order to the making a compleat collection
to be laid before H.M. before the return of the Secretary of Virginia,
who is come over for that purpose, desire your speedy report
upon those sent you May 28. [(7.0. 5, 1360. p. 470.]
295. Governor Handasyd to the Council of Trade and
Plantations. Finding that the packet boat does not arrive so
soon as I expected, I take this opportunity by the Jamaica gaily
118 COLONIAL PAPERS.
1704.
to give your Lordships an account of what hes offered here
since my last. Having ane account of some design the enemy
had in draweing some of there forces together and fearing it
might be upon us, I ordered H.M.S. Seahorse,, Capt. Johns, who
then was ready to saile, to goe to the Spanish Coast and there
to endevour to take off a prisoner or turtler, if they could meet
any at sea, to see what we could learn of the enemies motion.
He sailed March 14, but discovering a sail nine leagues off our
Island, he gave her chace and found her to be a French privatier
with 70 odd men. He came up with her and gave her some
gunns, but She finding he was to hard for her made towards the
land, and it proveing calm, rowed away from him and gott into
Manchioneel Harbour, where he pershewed (pursued), and
accordingly resolved to board her. But the other having landed
some of their men in each side of the Harbour ga(Z)led his men
that they were not able to handle their sailes, and killed and
wounded several of them. H.M.S. Seahorse struck upon a rock
and so was lost, altho' the privatier was taken, and the men being
77 with their armes being landed endeavouring to fight their way
through the country to gett to some Harbour to gett off, but I
having timely notice of.it ordered two Companies of H.M. forces
with all the Militia I could gett, and having given them orders
that if they did offer to strike one stroke to take nor give noe
quarters, and there advance partys meeting one another in a
strait passage they being demanded to surrender and delyver up
their arms otherwise that was to be there fait, but they, after
some French Gascoin language, laid down their arms without
firing a shott, and is now here in prison, they are a party of the
briskest men that I have seen among them since I came to this
country, they being all French but two, the one a Spaniard and
the other a Englishman. I am disposing them two or three in
the Merchant ships as they have occasion with orders to delyver
them unto H.M. jales when they arrive, which I hope your
Lordships will approve of. All the Sea Horse's men were saved
and gunns and most part of her rigging, provisions and stores
and ammunition, and truly the loss was not great, for she would
not have been able to have made another cruize, she was so
destroyed by the worms and her timber so rotten and decayed
that she could hardly fflot upon the water. As to our enemys
making of a general attack on us, I am of opinion as formerly
that they are not able in these parts. But if they should, your
Lordships shall hear that we shall showe ourselves to be faithfull
subjects to our gracious Queen and country, and like true English
men not to be dantned with their numbers. The Assembly is
now sitting, and I hope they will prove better then the last, they
seeming to be sensible of the failings the last committed. Signed,
Tho. Handasyd. Endorsed, Reed. June 13, Read July 18, 1704.
Addressed. Holograph. 1J pp. [0.0. 137, 6. No. 45 ; and
138, 11. pp. 295-298.]
May 4. 296. Council of Trade and Plantations to Governor
Whitehall. Codrington. Since ours of Feb. 16 last, we have received yours
AMERICA AND WEST INDIES. 119
1704.
of Feb. 6 and 14, and one without date. As to the affair of
Guadaloupe, Capt. Walker having been ordered to answer your
questions before the Lords of the Privy Councill, we did send
to their Lordships all the letters and other papers we received
from you, relating to that expedition, in order to the making good
your allegations. As to what you write about Col. Thomas's
giving us information of the state of the Islands, when he was
before us, we asked him severall questions which he did not
own himself instructed to answer. We have read the Act you
have sent us for the settling of Courts at Antegoa, which seems
to us to have been well considered, and the obtaining thereof
a good service in you. We have sent the same to Mr. Attor.
and Mr. Sollr. Genii. If they have no objection thereunto, which
we do not foresee, we shall lay it before H.M. for her royal con-
firmation. We hope you will have been able to get the like
Acts past in the other Islands. We are glad the Assembly
go on with the fortification of Monks Hill, and hope they will
perfect it ; but they are mistaken in beleiving that Barbadoes is
trusted with the application of the 4J per cent, otherwise than
they are, that Revenue being now wholly applyed to the use of
those Islands in due proportion. The account of prizes taken and
condemned at Antegoa, we sent to my Lord High Treasurer,
and the account of H.R.H. tenths of prizes condemned at Nevis
to the Admiralty, to which Offices those matters appertain.
We have not failed upon all occasions to recommend you to
H.M., and as to your arrears of salary, we have acquainted
Mr. Cary with what you write, and shall be assistant to him or
any other of your friends in procuring the same. [(7.0. 153, 8.
pp. 284-286.]
May 4. 297. Council of Trade and Plantations to Governor Sir B.
Whitehall. Granville. Since ours of March 17, we have received two letters
from you of Jan. 12 and Feb. 6. We sent to the Board of
Ordnance what you writ us relating to Mr. Hayes, but we are
informed they have appointed one of the Engineers now at
Jamaica for the service of Barbados. You will do well to give
H.R.H. Councill from time to time an account of his dues in
your hands. As to the payment of the Gunners, orders have some
time since been given, which we doubt not have before this
been received. We have sent to Mr. Attorney Generall your
query about the Commission for the tryal of pirates, and as soon
as we shall receive his answer thereunto, we shall send you the
same, or represent to H.M. that a new Commission be issued,
if it be necessary. We send you here inclosed the copy of
Mr. Attorney General's opinion upon the case of Manasses Gilligan
for your information. But you will have seen by Lord Notting-
ham's letter (inclosed March 17) how you are to govern yourself
in this conjuncture with relation to the Spaniards. The Agents
of Barbados having presented to us the inclosed list of stores
wanting for the Island of Barbados, we reported the same to
H.M., whereupon H.M. has been pleased to refer the same to
the Lord High Treasurer, who is to consider how far the said
120 COLONIAL PAPERS.
1704.
list may be complyed with in relation to the present state of the
Revenue of the 4J per cent., which is intirely appropriated to
the use for which it was raised. And whereas you represent
to us the difficulties you lie under by reason of the late regulation
against presents, and being very sensible of your diligence and
application to H.M. service, we shall lay hold of all occasions
of testifying how truely we are your very loving Friends.
P.S. Inclosed is a letter H.M. has ordered us to write to the
late President and Council of Barbados, which you will read
for your information and deliver unto them. [(7.0. 29, 8.
pp. 431-433.]
May 4. 298. Mr. Thrale's Answer to the Complaints exhibited
against Governor Nicholson by Dr. Blair and others. The charges
are mostly too general to be answered, or malicious insinuations
without proof etc. It is humbly submitted to the Council of
Trade and Plantations whether they will proceed immediately
upon a hearing with an expectation only of such proofs as the
Respondent may be judged capable of producing from the nature
of the defence, or will order copies of everything to be first
transmitted to Virginia that the Governor may thereupon by
affidavits or otherways make his just defence etc. Signed, John
Thrale. Endorsed, Reed. Read May 4, 1704. 11 pp. [(7.0. 5,
1314. No. 16.]
May 4. 299. Order of Queen in Council. It being this day repre-
St. James's, sented to H.M. at the Board from a Committee of Councill upon
hearing the complaints of Col. Codrington relating to the
expedition to the West Indies the last year with the squadron
of H.M. ships commanded by Capt. Walker, that the Lords of
the Committee had taken notice that notwithstanding the said
squadron had been sent to Barbados with order upon advising
with the Governor to use his best endeavour to defend Barbados
and the Leeward Islands against the attempts of the enemy,
and that upon his arriving with the squadron at Barbados, he
had applyed himselfe to the President and Councill in whom
the cheif command was then vested, that notice of the said
squadron being there might be sent to Col. Codrington, Governor of
the Leeward Islands, to the end that if he had wanted the
assistance of the said squadron for H.M. service he might have
acquainted the said Capt. Walker therewith, Notice thereof
was not sent to Col. Codrington ; H.M. in Councill is there-
upon pleased to order that the Governor or Commander in Cheif
of Barbados examine into the proceedings of the said President
and Councill of Barbados in this matter, and why with so little
regard to H.M. service in the safety of those Islands, notice was
not forthwith sent to the Governour of the Leeward Islands of
the arrivall of the said squadron at Barbados, and what he finds
to be the reason of so great neglect of H.M. service and the
publick safety of those Islands, and that he returne an account
thereof to the Council of Trade and Plantations, who are to
signifie H.M. pleasure herein to the Governor or Commander
AMERICA AND WEST INDIES.
121
1704.
in Cheif of Barbados for the time being, and upon receiving
his answer to report the same together with their opinion upon
the whole matter to H.M. at this Board. Signed, John Povey.
Endorsed, Reed. Eead May 4, 1704. 1J pp. [C.O. 28, 7.
No. 31 ; and 29, 8. pp. 434-436.]
May 4. 300. Council of Trade and Plantations to Governor Sir B.
Whitehall. Granville. The Lords of the Privy Councill having examined
the proceedings of the late Commodore Walker, and the
Commanders of the ships under his command, and of the land
forces imployed upon Guadaloupe, and taking particular rotice
that the said squadron and land forces sent to the West Indies,
as well for the security of Barbados as of the neighbouring
Islands, and others belonging to H.M., did remain for the space
of two months at Barbados, during which time no notice was
given of their being in those parts to Governor Codrington,
which was altogether necessary in regard that the said squadron
and forces might have been sooner wanted at the Leeward
Islands, in case the French had made any attack or had any
number of ships there, against whom an advantage might have
been taken. And the said Commodore Walker having informed
the Lords of the Councill that no such notice had been given
by him, by reason that he had no vessell under his command
other than 70 gunri ships, but that he had acquainted the then
President and Councill of Barbados how fit and proper it was
that an early information should be given to the Leeward Islands
of the arrivall of the said squadron and land forces, but that they
had refused to hire a vessell on purpose or to employ the sloop
belonging to the Island on this occasion ; and a report having
been made hereof to the Queen in Councill, H.M. taking the
same into consideration has thought fit to signify her pleasure
unto us that you be directed to make a full and strict enquiry
into this miscarriage and neglect ; and after due examination
had to inform us of the true state thereof that we may thereupon
lay the same before H.M. We do therefore hereby desire you to
proceed herein with all convenient speed, and to take the best
care you can that no such default or neglect do happen for the
future under your government. [C.O. 29, 8. pp. 437-439.]
May 4. 301. Mr. Thurston to Mr. Popple. The departure of the
convoy is just at hand : I desire you will therefore move the
Council of Trade and Plantations to signify to Mr. Lowndes
the necessity of giving some speedy orders for the issue of the
money for the soldiers at Newfoundland, this being the last
conveyance for the present year. Signed, J. Thurston.
Endorsed, Reed. Read May 5, 1704. 1J pp. [C.O. 194, 3.
No. 19.]
May 5. 302. Wm. Popple, jr., to Mr. Lownds. I am to desire you
Whitehall, to lay [the preceding] before my Lord High Treasurer. [C.O. 195,
3. p. 327.]
122
COLONIAL PAPERS.
1704.
May 5.
303. Mr. Thurston to Mr. Popple. Prays that the Lord High
Admiral may be moved to direct the Commander of the New-
foundland Convoy to receive on board the stores for the soldiers
there. Signed, J. Thurston. Endorsed, Reed. Read May 5,
1704. 1 p. [(7.0. 194, 3. No. 18.]
May 5.
Whitehall.
304. W. Popple, jr., to Josiah Burchett. The Council of
Trade and Plantations desire you would move H.R.H. Council
for their directions to the Commander of the Newfoundland
Convoy to receive on board the stores for the soldiers there,
and to the Victuallers of the Navy to ship off the provisions
designed for them, as also either to pay Mr. Thurston, the
Agent, or send themselves the money that is to serve instead
of malt and hops. [C.O. 195, 3. pp. 325, 326.]
May 5.
Whitehall.
305. W. Popple, jr., to Mr. Attorney General. The Council
of Trade and Plantations desire your opinion whether H.M.
may grant such a patent as desired by Mr. Bridger, May 2. [C.O.
5, 911. p. 274.]
[May 6.] 306. Planters and Merchants trading to Barbados to the
Queen. There is about 60 ships gone to load there, which will
be coming thence the latter end of June. Without convoy they
will be in great danger to be taken by the French privateers at
Martinico and St. Christophers, as well as upon the coast when
they come home. Without some ships of war to cruize to
win[d]ward of Barbados during the warr, the merchants ships,
which carry provision and necessaries thither both from England,
Ireland and the Northern Colonies, will be in danger to be taken
by the said privateers, and if it should fall out to be soe, the
inhabitants would be unable to subsist. Pray for convoy and
ships to cruize off Barbadoes. 24 signatures. Endorsed, R. May 6.
1 p. [C.O. 28, 38. No. 22.]
May 7. 307. Governor Sir W. Mathew to the Council of Trade and
Plymouth. Plantations. The fleet bound for the West Indies is put back
to this place. The master of a Swedish vessel gives an account
that Count de Thoulouze is come out of Brest with two and
twenty sail, and that hee met with 8 French men of war of
60 guns as he passed by Belle Isle steering to the Eastward.
Recommends the speedy filling up of Col. Whetham's regiment.
Signed, Will. Mathew. Endorsed, Reed. Read May 10, 1704.
Holograph. 1 p. [C.O. 152, 5. No. 68.]
May 7.
Whitehall.
308. Sir Charles Hedges to the Council of Trade and
Plantations. The Lords of the Committee of Council desire
to speak with you on Thursday, and to have an account of what
progress you have made towards the procuring of Navall Stores
etc. Signed, C. Hedges. Endorsed, Reed. Read May 8. 1 p.
[C.O. 5 863. No. 94; and 5, 911. p. 275.]
AMERICA AND WEST INDIES.
123
1704.
May 10.
Whitehall.
May 10.
Treasury
Chambers,
Whitehall.
309. Council of Trade and Plantations to the Queen. Offer
two Acts of Nevis [see April 5] to be confirmed. [C.O. 153, 8.
p. 288.]
31 01 Lord High Treasurer to the Queen. Referring (upon
the Order of Council, Nov. 25) to following report. Signed,
Godolphin. Endorsed, Reed. Read May 19, 1704. f p.
Enclosed,
310. i. Principal Officers of the Mint to the Lord High
Treasurer. We concur with the Representation of the
Council of Trade and Plantations and enclose table
of the value of coins in the Plantations according to
their weight and the assays lately made of them in
the Mint. Signed, J. Stanley, Is. Newton, Jno. Ellis.
Mint Office, Dec. 9, 1703. Subscribed, Table of coins,
embodied in Proclamation of June 15. 2 pp. [C.O. 323,
5. Nos. 47, 48 ; and 324, 8. pp. 440-444.]
May 11. 311. Order of Queen in Council. Confirming two Acts of
St. James's. Nevis [see April 5]. Signed, John Povey. Endorsed, Reed.
Read June 14, 1704. 1 p. [C.O. 152, 5. No. 69; and 153,
8. pp. 315, 316.]
May 11. 312. Council of Trade and Plantations to Col. Quary. We
Whitehall, have received your letter of Dec. 20 last, relating to the Jerseys,
and are sensible of the great care you have taken in that affair,
concerning which we are expecting an account from the
Lord Cornbury, and shall thereupon propose to H.M. what may
be fittest to be done for the quieting and settling of that
Province. We take likewise this occasion to acquaint you that
Mr. Penn having severall times attended us and assured us that he
had given direction to his Deputy Governour and others any
ways concerned in the Government of Pennsylvania, that they
take care that the Officers of the Customes and Admiralty meet
with no obstructions in the execution of their places, that the
Acts of Trade and Navigation be strictly observed, and that
justice be everywhere administred ; upon which we will not
doubt but that on your part you will do everything that may
tend to the composing of differences, avoiding unnecessary
disputes, and quieting the mindes of H.M. subjects in that Province,
care being always had of H.M. Revenue, legal trade, and the
administration of Justice in the proper method, as is promised
on the other part by Mr. Penn. [C.O. 5, 1291. pp. 31, 32.]
[May 11.] 313. Jeronimy Clifford to the Council of Trade and
Plantations. Petitioner has now been arrested for debt. Prays
that a report may be made on his case [Feb. 10] without further
delays. Signed, 'Jer. Clifford. Endorsed, Reed. 12th, Read
May 23, 1704. 3J pp. Enclosed,
313. i. A statement of the dispute between Jeronimy Clifford
and the Dutch West India Company. 22 pp.
[C.O. 388, 75. Nos. 89, 89.i. ; and (without enclosure)
389, 36. pp. 180-186.]
124 COLONIAL PAPERS.
1704.
May 13. 314. Mr. Bridger to Mr. Popple. The freight of hemp
from Russia is 7Z. per tun ; tar from New England 6Z. per tun
now, in peace U., but there having been yet no hemp imported
from New England cannot tell the freight, believe 81. 5s.
Signed, J. Bridger. Endorsed, Reed. Read May 15, 1704.
Addressed. 1 p. [C.O. 5, 863. No. 95 ; and 5, 911. p. 289.]
May 13. 315. Capt. Lloyd to the Council of Trade and Plantations.
St. John's, Encloses account of proceedings since last fall; noe soldier has
Q 'deserted since I had the honour to command this company.
Signed, Tho. Lloyd. P.S. Yesterday came in ye W college man
of warr from Lisborne, the men of warr expected from England
are not yet arrived. Endorsed, Reed. 3rd, Read 'July 6, 1704.
1J pp. [C.O. 194, 3. Nos. 22, 22.L] Enclosed,
315. i. (a) Deposition of John Jordan, John Knight, and
Phillip Morriss, sent as spies to Placentia. Nov., 1703.
There are there two little watch-houses about 100 yds.
from each other, and about ye same distance from the
upper Fort, the wch. Fort seems to be about 16/. x 8ft.,
built with lime and stone. There were 2 merchantmen
in the harbour. Returning by Ferryland, on the 12th,
they were there informed that a small party of French
had surprized and plundered some of the adjacent places,
and that a party of 16 English had gone in quest of them.
(b) Deposition of Wm. Roberts and Tho. Dibble,
inhabitants of Renous, taken in St. John's, Dec. 2, 1703.
Deponents brought with them 3 prisoners. Their
capture described.
(c) Deposition of Jon. Robins, inhabitant in Renous.
On June 21, 1703, he was taken thence by the
Sieur Dutilly and his brother and one Indian, and
carried to Placentia. A little time after 24 soldiers
designing to desert, were discovered, for wch. 2 were
whipt, one sent to France to the gallies, 9 kept in prison,
and the rest set at liberty. To prevent desertions they
set a guard at ye upper end of ye harbour. Ye chain
cross ye harbour's mouth broke last July. When the
English Fleet under Adm. Gray don appeared before
Placentia, the French had about 3,000 men there,
including the crews of 2 men of warr that were then
there, and reported to have 1,000 men wth. bombs, etc.
The walls of the Fort are about 16/Z. high and 8 in
breadth, built with lime and stones. They never
kept above 4 days' provisions there, and have no water
but what they fetch about a musquett shott N.W.
from it. Their Store-house is in ye lower fort, wch.
towards the land is fortified with pallisadoes, wth.
loose stone breast high on one side and knee high on
the other. The upper Fort hath 10 guns mounted,
7 of ye greatest being planted toward the sea, and 2
large mortars. He left about Oct. 28, and had large
offers made him by the Governor M. Supercasse to stay.
AMERICA AND WEST INDIES. 125
1704
(d) Copy of a Commission found on Sieur Dutilly, one of
the prisoners brought by Wm. Roberts, to take 30 men and
attack the English Nov. 5, 1702. Signed, De Costebelle.
(e) Deposition of Jervis Smith. On Dec. 2, 1703, he
went as a spy from Blew Chaple in Trinity Bay, and
saw two ships and a small barque at Placentia.
(/) Deposition of Jno. Jordan, Edward Row, and
Phillip Morris. They left St. John's, Dec. 10, 1703,
but by reason of deep snow could not gett Placentia
till Jan. 10. They could see neither chain nor boom
nor any ship in the harbour.
(g) Feb. 28, 170|. I ordered Jervis Smith to per-
swade the French prisoners that he would carry a letter
for them to Placentia. Signed, Tho. Lloyd.
(h) Copy of above letter from the French prisoners
Dutilly and La Richardierne, to M. Bellefeviell at
Placentia. French.
(i) Copy of letter from the French prisoners, Dutilly,
La Richardierne and Jean Lanveaux to M. Subercasse
at Placentia, praying him to procure their release.
March 23, 1704. French.
(j) Examination of above 3 prisoners, March 23, 170f.
The Sieur Dutilly, chief of a party of 30 men, sometime
in Nov. 1702, ravaged several places in and near Trinity
Bay, tormenting those that he took prisoners by burning
their fingers with match. Evidence of Edwd. Rottway :
Refusing to discover where the best effects of the
inhabitants were hidden, his fingers were burnt to the
bone, and was threatened to be scalped (which was
practised by the French in the last war). He saw 3 men
more with marks of the same usage. Dutilly owned
that the torment was given, but without his knowledge ;
said that he was not then in Trinity, and his brother
Richardieur said the same, and that he (R.) cut Rottway
loose as soon as he heard of it and ye fellow yt. did it
was punished with 2 months imprisonment. But
J. Lan[v]eaux saith they were both in the same house
when Rottway was tormented, and those that did it
were never punished etc.
Dutilly was then told, that since he had been so
barbarous, he must expect the same usage unless he
did confess something material. He then said that the
chain athwart the harbour of Placentia was broken
by the tide when Admiral Graydon was before the
place, but there were 2 cables of 14m. each in circum-
ference which broke not, and they had a flyboat loaden
with stones which they intended to sink, if there had
been an attack. The said vessel was now gone for
Europe. There had been 2 ships of war at Port Royal
and Placentia wth. stores for the garrison and had
landed two companies of soldiers at the latter, so that
now there are 5 companies at Placentia.
126 COLONIAL PAPERS.
1704,
Last Spring there came over more masons and stone
from France, so yt. now there are 40 masons at work
continually on ye fortifications. The stores were in
the lower Fort. There was once a design on foot of
invading the Bay of Conception, but that was now
over. John Lanveaux added that the Governor of
Placentia had given out that he would early this spring
send to Cannada for more forces. Dutilly added that
they had lately discovered a passage for canoes, with
little land carriage, into ye South Sea, unto a place
wch. they call New Missasippy, yt. is about 1,000
leagues from Quebeque, that they pass through several
fine places and country s wch. are very fruitful with all
sorts of Europian fruits, and many silkworms etc. In
one place, which beginneth about 200 leagues before
they come to sea, they goe in their cannoos for 10 dayes
together through a river so still that they can hardly
perceive any current ; on the banks there are vines
and several Europian fruits, and the land thereabouts
is one continued medow stocked with black cattle of
extraordinary bigness, as oxen to weigh 12 cwt. each,
and good horses, sheep, goats, hoggs, etc. They were
not far from the Spanish gold mines. They pass through
several nations of Indians, who are very friendly to ye
Europeans, and yt. they have several notions and rites
of ye old Testament, wch. they have from their Ancestors
by tradition.
(Jc) Deposition of John Knight and Stephen Dethick,
who went as spyes to Placentia, March, 1704. There
were 3 merchant ships there. The whole, 1.0 pp.
[C.O. 194, 3. Nos. 22, 22.i. ; and (without enclosure)
195, 3. p. 333.]
May 13. 316. Governor Codrington to Mr. Popple. I was in hopes
St. Kitts. when I came from Nevis I should have dispatched all the pubfick
busyness in this Island in a month, but I have been now here
these three months labouring without intermission to gett a
few necessary Acts past, and to keep the Courts open. The Acts
have been finished (all but one, which was the most difficult
point to gaine) these 3 weeks, but I can't get them transcribed
to be sent home by this fleet. They will be ready, I hope, before
the pacqt. arrives. Upon this occasion as well as many others
which happen every day, I find the absolute necessity of haveing
a Marescal and Secretary for every Island, the Deputys' places
are so little worth, that none but scoundrills will accept them,
and to threaten to turn them out is a jest, for 'tis very hard to
find any person at all to officiate, since they can gett as much
or more with less attendance by being overseers or book-keepers.
I shall lay this and a few other observations before the Lords
after my successor's arrival, which I now expect every minute,
I will endeavour to come home this year if I can, if not early
in the spring. I thank God I have perfectly recovered my limbs
AMERICA AND WEST INDIES. 127
1704.
and strength and will serve the Queen somewhere or other dureing
the warr, tho it be with a muskett on my sholder. Signed,
Chr. Codrington. P.S. I have made Mr. Broderic Attorney
Genii., who I dou'pt not will be very serviceable here. Endorsed,
Reed. 21st, Read June 23, 1704. Addressed. Sealed. Post-
mark. 1 p. [C.O. 152, 5. No. 70 ; and 153, 8. pp. 320, 321.]
[May 15.] 317. L. Compere to the Council of Trade and Plantations.
Prays to be allowed benefit of Council when next he attends
the Board concerning the Acts of Jamaica, lately passed to his
prejudice. Signed, Leonard Compere. Endorsed, Reed. Read
May 15, 1704. f p. [C.O. 137, 6. No. 46.]
May 15. 318. Wm. Bridges to Wm. Popple. In reply to your letter
Tower, o f May 2, enquiring what progress has been made in procureing
the stores of warr desired for Barbadoes, you may please to
acquaint the Council of Trade and Plantations that the Board
of Ordnance informed the Lord High Treasurer in March last
that the stores required could be sent at once, except some
carriages. But there is yet noe order. Signed, Wm. Bridges.
Endorsed, Reed. Read May 15, 1704. Addressed. 1 p. [C.O. 28,
7. No. 32.]
May 16. 319. W. Popple, jr., to Mr. Attorney General. Upon the
Whitehall, petition of Peter van Belle [see March 9], the Council of Trade
and Plantations desire your opinion whether H.M. may hear
the Appeal mentioned in the said petition in Councill and direct
the proceedings of the Admiralty Court at Nevis to be transmitted
for that purpose. [C.O. 153, 8. p. 305.]
May 16. 320. Attorney General's Queries on Mr. Byfeild's Charter
for importing Naval Stores from Carolina. (1) Whether they
will be obliged to import a certaine quantity of pitch and tarr
annually in all times of warr, unlesse dispensed with by the
Queene. (2) Whether they will agree to a provisoe for dis-
solution on a notice in case the Queen and Councill shall declare
this Corporation is not usefull to the importation of Navall Stores.
(3) Whether they will oblige themselves to deliver the Crowne a
certaine quantity at a certaine price in time of warr, and a
proportionable price in time of peace, without the Crowne being
bound to accept it. Endorsed, Reed. Read May 16, 1704. 1 p.
Enclosed,
320. i. Reply to above. (1) They think it not reasonable
to be obliged to import pitch and tar at all times and
in a certain quantity, unless the Government be also
obliged to take it at a reasonable price. (2) This they
think unreasonable, because their setting up this work
and the importation of 1,800 barrels may soe humble
the Sweeds and those who have ingrossed the pitch
and tar in that country as to reduce the price to such a
degree as the Government will save a vast summe of
money annually, and thereby have noe more occasion
128 COLONIAL PAPERS.
1704.
of this Company to import. But they are willing upon
any misdemeanour or misusing their Charter to be dis-
solved from trading after 3 years' notice. (3) As to
mentioning in their Charter their stock of 20,000/, if it be
not thought proper to be inserted, they are well satisfyed
without itt. (4) The Company will be obliged to
give the Government the refusal of the 1,800 barrels
and of all other quantities they shall import at the
market price, the Government declaring their
acceptance or refusal within a reasonable time after
the tender made by the Company. 1 p. [C.O. 5, 1262.
Nos. 82, 82.L ; and 5, 1291. pp. 33-36.]
May 17. 321. Reply of Col. Ludwell and Stephen Fouace to
Mr. Thrale's answer in defence of Governor Nicholson. Signed,
Phil. Ludwell, senr., Stephen Fouace. Endorsed, Reed. Read
May 17, 1704. 20| pp. [C.O. 5, 1314. No. 17.]
May 17. 322. Council of Trade and Plantations to the Queen.
Whitehall. Report upon Acts of Jamaica, March 17, 1701 Nov, 2, 1703.
The Act for prohibiting the exportation of arms, ammunition and
provisions to strangers in time of danger being intended to be in
force only during the time of war, we are humbly of opinion
that it do remain as a probationary Act. Other Acts recom-
mended as " appearing to us to conduce to the ease and safety
of the inhabitants." [(7.0. 138, 11. pp. 268, 269.]
[May 18.] 323. Mr. Thrale to the Council of Trade and Plantations.
Whereas his late Majesty appointed 2,500L for the building
and repairing the forts etc. at New Yorke, of which 500?. was
paid before the Lord Cornbury entred upon that Government,
and since his arrival there several summs were taken up and
expended on that account, and bills drawn for the same on the
Lord Treasurer in the same manner (as is presumed) his predecessor
had done before by direction, but his Lordship refusing the bills
both for acceptance and payment they were return'd back upon
his Lordship to New Yorke, and his Lordship hath repaid the
money back (with 10 per cent, interest) to those that advanced
it, the summe is upwards of 600Z. And whereas your Lordships
have represented to H.M. that H.M. Province of New Yorke
was in want of all necessary stores, I pray that you will lay before
H.M. the necessity of sending them with what convenient speed
is possible, and also that your Lordships will consider of some
method that the Lord Cornbury may be releived concerning
the above money. Signed, J. Thrale. Endorsed, Reed. Read
May 18, 1704. f p. [C.O. 5, 1048. No. 81 ; and 5, 1120.
pp. 103, 104.]
May 18. 324. Council of Trade and Plantations to the Queen.
Whitehall. Recommend the Act of New Hampshire for obliging the
inhabitants to do military service etc. for H.M. approbation.
[C.O. 5, 911. p. 297.]
AMERICA AND WEST INDIES. 129
1704.
May 18. 325. Order of Queen in Council. Confirming Act recom-
St. James's, mended in preceding. Signed, John Povey. Endorsed, Reed.
Sept. 6, Read Oct. 12, 1704. p. [C.O. 5, 863. No. 96 ; and
5, 911. p. 394.]
May 18. 326. Wm. Popple to Josias Burchett. Encloses extract of
Whitehall, letter from Governor Dudley relating to ships of war wanted in
New England. [C.O. 5, 911. p. 298.]
May 18. 327. Council of Trade and Plantations to Mr. Secretary
Whitehall. Hedges. Enclose following report upon proceedings relating
to Naval Stores. Autographs. 1 p. Enclosed,
327. i. Report on proceedings of the Council of Trade and
Plantations relating to Naval Stores. Refer to Report
of Nov. 12. Since which we proposed to Sir Mathew
Dudley and other petitioners for a Charter, that, in
lieu of the clause they rejected, they give personal
security for importing ye quantitys of stores specified in the
draught of their Charter, which they have likewise as yet
declined, so that we have little reason to expect any
success from those proposals. Recount proceedings
relating to Mr. Byfeild and Mr. Bridger. Upon our
objecting that it might be inconvenient for H.M. to be
obliged to take the said stores before it be known whether
they are fit for the use of the Royal Navy, Mr. Bridger
has made us another proposal, offering that if H.M.
would grant him and others a Patent for making of
Pot-ashes in the Plantations (where none have yet
been made but by them) exclusive of all others for
seven years, they would import the foresaid quantities
of Naval Stores at their own proper charge and risque
without obligation upon the Queen to receive the same,
which proposal for pot-ashes we have referred to
Mr. Attorney General etc. Quote Mr. Jennings' report
on Virginian tar. Upon the whole matter, we are
humbly of opinion that altho' the aforementioned
propositions do take place, the quantities nevertheless
of these commodities imported from H.M. own
Dominions will not be sufficient to answer the public
demands unless H.M. would be pleased to grant such a
premium to any persons that shall import them, as
shal in some manner countervail the extraordinary
charge of freight and dearness of labour in the
Plantations, which consequently will give such tempta-
tions to the merchant as in some time to turn this Trade
so much that way, and inlarge it so far as that it may
be able to supply the general uses of the Nation. 6 pp.
[C.O. 5, 3. Nos. 14, 14.i. ; and 5, 911. pp. 290-296.]
May 19. 328. Council of Trade and Plantations to the Rt. Hon.
Whitehall. Mr. Secretary Harley. H.M. Principal Secretaries of State,
Wt, 2710. C 9
130 COLONIAL PAPERS.
1704.
together with other great Officers, being appointed by H.M.
Commissioners for Trade and Plantations, besides those whose
duty it is to give their constant attendance, we acquaint you
therewith, that we may have your assistance at the Board upon
any extraordinary occasion, or when your other affairs will
permit. [(7.0. 389, 36. p. 179.]
May 19. 329. Council of Trade and Plantations to the Board of
Whitehall. Ordnance. We have nothing to object why Col. Romer may
not have leave, so that another able Ingineer be forthwith sent
for the service of New England, New Yorke etc., which in this
time of war is absolutely necessary. [(7.0. 5, 911. p. 303.]
May 19. 330. Council of Trade and Plantations to Mr. Secretary
Whitehall. Hedges. Enclose extract of a letter from Governor Dudley
to be laid before the Queen. 1 p. Enclosed,
331. Extract of a letter from Governor Dudley to the Council
of Trade and Plantations, Dec. 19, 1704 [? 3], referring
to a proposed descent upon Port Royal (q.v.). f p.
[(7.0. 5, 751. No. 51 ; and 5, 911. p. 304.]
[May 19.] 332. Considerations why Naval Stores cannot be brought
in great quantities from H.M. Plantations unless assistance be
given by the Government. High Cost of labour and freight etc.
Endorsed, Mr. Pollexfen. R. May 19. 3 pp. [C.O. 5, 3.
No. 15.]
May 19. 333. Governor Handasyd to the Council of Trade and
Spanish Town. Plantations. The Fleet arrived here May 4, under ye convoy
of 3 men of war, with 2 French prizes. We are here in veary
great pain for ye packett boat, for fear she should have mis-
carried. Signed, Tho. Handasyd. Endorsed, Reed. 13th, Read
July 18, 1704. Addressed. Sealed. 1 p. [C.O. 137, 6. No. 47 ;
and 138, 11. p. 299.]
May 19. 334. Mr. Craggs to the Council of Trade and Plantations.
St Martin's Enclosing following abstract. Signed, Ja. Craggs. Endorsed,
Reed. Read May 19, 1704. 1 p. Enclosed,
334. i. Abstract of letter from Capt. Lloyd, Newfoundland,
Oct. 11, 1703. This day arrived the storeship, who
gave us an acct. that at Ferry land he met with a New
England sloop, the Adventure, Geo. Bald Commander,
who had a commission as Privateer from Col. Codrington,
but acted like a Pyrate, haveing on board 50 men,
he plundered most of the inhabitants of their cloaths,
provisions, money etc., from Charters 501., the same he
did likewise by some small ships there etc. [C.O. 194, 3.
Nos. 20, 20.i. ; and 195, 3. pp. 328, 329.]
May 19. 335. Council of Trade and Plantations to the Lord High
Whitehall. Treasurer. Having received from Governor Handasyd an Act
AMERICA AND WEST INDIES.
131
1704.
May 19.
Treasury
Chambers.
for settling the public Revenue for the support of the Govern-
ment of Jamaica etc., we conceive it fit for H.M. approbation,
but as it relates immediately to the Revenue, we thought it
proper for your Lordship's inspection before we proceed to offer
it to H.M. [C.O. 138, 11. p. 270.]
336. Win. Lowndes to Wm. Popple. Enclosing copy of
circular letter to Governors, that letters may be prepared for
H.M. signature accordingly etc. Signed, Wm. Lowndes.
Endorsed, Reed. Read May 22, 1704. 1 p. Enclosed,
336. i. Commissioners of Prizes to Mr. Lowndes. Enclosing
following. Signed, Edw. Brereton, R. Gard, Geo.
Morley, John Anstis. 1 p.
336. ii. Draught of Letter to Governors relating to prizes.
[See April 19.L] [C.O. 323, 5. Nos. 49, 49.L, ii. ; and
324, 8. pp. 443-446.]
May 23. 337. Attorney General to the Council of Trade and
Plantations. I have considered of the Petition of Peter Van
Bell [see March 9, May 16], and am of opinion if that Court was
held under the late King's Commission for governing the Leeward
Islands, as the Petitioner takes it to be, alledging that the
President and Councill had power only to appoint, but not to
sitt themselves as a Court of Admiralty, or if the sentence was.
given by the President and Councill of Nevis as the Councill
there, in both cases the Appeale ought to be to H.M. in Councill,
but if the President and Councill held a Court of Admiralty,
by authority derived from the Admiralty of England, the Appeale
is to be to the Court of Admiralty in England. And soe it was
lately determined by H.M. in Councill. Signed, Edw. Northey.
Endorsed, Reed. Read May 31, 1704. 1 p. Enclosed,
337. i. Copy of Petition of Peter Van Belle. [See March 9.]
2| pp. [C.O. 152, 5. Nos. 71, 71.L ; and 153, 8.
pp. 306-311.]
May 23.
Whitehall.
338. Council of Trade and Plantations to Lt. Gov. Usher.
We have received yours of Dec. 30, Jan. 19, Feb. 19, Feb. 25
and one without date. All these letters contain mostly the same
matter over and over again, and in such a method as renders them
very difficult to us to understand. Wherefore we must advise you
for the future only to write plaine matter of fact, and in such a
manner as may be less obscure. In answer particularly to what
you write relating to Col. Dudley, we must acquaint you that
when he is in the Province of Massachusetts Bay he is not to be
look'd upon as out of his Government, and therefore you ought
to consult him upon all occasions and to obey his directions, he
being Governor in Cheif, and you must not take upon you to
dissolve Assemblys contrary to his directions, since your doing
so may prove of ill consequence to H.M. service. Upon this
advice we do not doubt but that you will endeavour to behave
yourself kindly and respectfully towards him and jointly with
132 COLONIAL PAPERS.
1704.
him contribute your best endeavours towards everything that
may tend to the safety and peace of the Province and to the
carrying on of H.M. service there. [(7.0. 5, 911. pp. 328, 329.]
May 23. 339. Jeronimy Clifford to the Council of Trade and
Plantations. The enclosed letter has had no effect. Prays for
the consideration of his case (Feb. 10). Signed, Jer. Clifford.
Endorsed, Reed. Read May 31, 1704. J p. Enclosed,
339. i. Jeronimy Clifford to Samuel Shippard, Jacob Oosterland,
John Gardner. May 18. I am made a prisoner in
the Fleet by the devises of my adversaries. Prays
for the speedy despatch of their report on his accounts,
etc. Copy. 2 pp. [0.0. 388, 75. Nos. 90, 90.i. ;
and (without enclosure) 389, 36. pp. 188-192.]
May 23. 340. Wm. Popple, jr., to Wm. Lowndes. Encloses Act of
Whitehall, the Massachusetts Bay for establishing a Naval Office. The
Council of Trade and Plantations desire you to move the Lord
High Treasurer that they may have the opinion of the Com-
missioners of H.M. Customs. [O.O. 5, 911. p. 305.]
May 23. 341 . Council of Trade and Plantations to Governor Lord
Whitehall. Cornbury. Since ours of March 17 we have received one from
your Lordship of Dec. 18. We must remind your Lordship
of what we writ you Jan. 26, 170|, upon the Acts past at New
Yorke during the Earl of BeJLomont and Captain Nanfan's
Government, to which it is necessary your Lordship[s] return us
speedy answer. Mr. Thrale, your late Agent, having presented
to us a Memorial desiring a supply of stores of war for New York,
we desire your Lordship, in order to the better enabling us to lay
the same before H.M., to give us a particular account of the
species and quantitys of what is wanting and of the places for
which the said stores are desired. [0.0. 5, 1120. pp. 105, 106.]
May 23. 342. J. Moore to Governor Nicholson. [See June 6.] In
Philadelphia, obedience to your letter of April 8, I enclose copys of what has
hitherto past in our Assembly ; by them yr. Excellency will
perceive the unhappy state of this place, and ('tis thought) they
will break up without doing any business, the Proprietor having
clogg'd the Lt. Governor's Commission wth. his own finall assent
to all, Laws, but this is uncertain. We have now on the Anvill
the old project of a - Militia, to answer the Governmt. at
home : but of that and what elce is doing here, I refer your
Excellency to Mr. Alexander Paxton (that goes home in the
fleet), and is able (if required) to give a naked state of the countrey.
The Assembly of New Jersey are to meet the middle of next
month. I hope in God the 2 men of war are arriv'd, and that
you'll receive good news in them. etc. Signed, J. Moore.
Endorsed, Reed. 9th, Read Aug. 22, 1704. Holograph. 2 pp.
[0.0. 5, 1262. No. 84.]
AMERICA AND WEST INDIES. 133
1704.
May 23. 343. Governor Seymour to the Council of Trade and
Maryland, Plantations. It was Aprill 10 ere a most uncomfortable, tedious
winter passage of neare 7 months (in which wee were for a long
tyme reduced to ye poor allowance of one pint of water each day)
permitted my arrivall here in H.M.S. Dreadnought. So soon as I
arived I summoned the Members of H.M. Councill,and on April 12
caused H.M. Commission to me to be published in the Court House.
Capt. Evans, the Commodore of the Virginia and Maryland
fleets, assuring me that his orders were positive to sail the last
of Aprill, beyond which tyme he was resolv'd not to tarry, though
the Trade should not be ready then to go with him, although
my long passage had prevented me of meeting the General
Assembly sooner, yet willing to convince your Honourable Board
of my most ready obedience to H.M. royal commands and
instructions, and your Lordships' directions, I endeavoured to
convene the General Assembly then on foot at this place Aprill 25,
but it was the 26th . before I could get a sufficient number to
make up an House, and then but a very thinn one, their mercantile
affairs in so great an hurry and the staple of this Province being
so much later than that of Virginia, necessarily requiring every-
body's presence at home to dispatch their respective concerns
therein, in which H.M. service and interest is not also a little con-
cerned. Upon the opening of the Session I enquired upon what foot
the present Assembly stood, and was surprized to find that they
had been of above three years, and summoned by the authority
of his late, and not of her present Majesty, tho this the 3d year
of her reigne. By which I was cautioned not to make use of
them any further than the present exigency of Affairs required ;
However, I press'd them to answer such of H.M. Instructions,
which I was directed to lay before them, and they required to
answer and assist me in. [See Journal of Council, etc.} Your
Lordships will find by the Laws transmitted that H.M. Instruction
relating to the oath for better securing the Succession etc. has
been readily answered by this Assembly, who have tho late
most affectionately recognized H.M. Instruction concerning
guifts to her Governors. I laid before them H.M. Royal
Instructions and your Lordships' explanatory observations on
enacting Laws were laid before the Assembly, who have given
due regard and complyance thereto in the transactions of this
Session. The revising the Laws is of so great weight and concerne,
that less than several weeks will not suffice for that worke ;
Therefore the Assembly have humbly pray'd to be excused at
this juncture, and I humbly beg your Lordships will be satisfied,
that as I have not been unready to enter upon that service, so I
shall heartily use my endeavours upon our next Meeting (which
I hope will be in Sept.) to compleate that Injunction so strictly
incumbent on me. I have not been able yet to see, but upon the
best inquirys find the Militia at present very ill regulated and
unserviceable, and altho the present Act therefore may seeme
to answer H.M. Instruction that all Planters and Christian
servants be fitly armed and obliged to muster, trayne and serve
therein ; yet Experience shews it is not practicable here through
134 COLONIAL PAPERS.
1704.
several defects, some in the principles of the people (especially
the Quakers) and otherwise in the poverty of many not being able
to provide themselves arms and ammunition ; To ye redressing
this misfortune I shall zealously apply myselfe on our next
meeting, and am not without hopes but that then such proper
measures may be concerted which will render them not only of
better defence and service to H.M. and the Country ; but like-
wise easier to themselves in that service, and their mayne affaire
of cropps not neglected. I proposed to the Assembly the making
an Act for punishing mutiny, dissertion and false musters, which
they have pray'd may be referr'd to their next Meeting ; And
I hope the little tyme I have been upon the spott will plead my
excuse that I have not yet procured and transmitted the amount
of the publique stores of arms and ammunition, which has been
impossible for me to get (tho I have given the strictest orders
therein) they being lodged in severall hands at great distance ;
but I will take effectuall care this Injunction shall be punctually
comply 'd with. As to a Generall Survey of the whole Province
and every County, or a particular survey of all ye landing places
and harbours, I have recomended it to ye Assembly, who
seeme not very forward by reason of the great Expence and
Trouble, and have referr'd the consideration thereof to ye next
Assembly, with other of H.M. Instructions. Thus far in
obedience to H.M. Royal Instructions which I am commanded to
communicate to the Assembly for their advice and assistance ;
but now as to those which are more imediately to my selfe and
H.M. honble. Council here, your Lordships by the Journal of the
Council may see that I have not neglected, but used my utmost'
dilligence to do my duty in an exact complyance with all and
every of them, wou'd ye shortness of the tyme have admitted it ;
And it is not without much regrett and disappointment that I
have not been able to have all ye publique Accounts regularly
stated and transmitted to your Lordships, as well as the list of the
inhabitants required in my Instructions, which I will not fail
of doing by the first happy opportunity. My arrivall here
happening at a very busie tyme, not only in reguard of the
Dispatch of the shipping but in that the Provinciall Court which
was appointed April 25 cou'd not be farther adjourn'd than
May 16, hath much straigthned me as well as the respective
Officers in point of tyme to comply with our several dutys by ye
present shipping, yet hope your Lordships will favourably accept
of the best endeavours I have been capable of performing in so
short a space. After the many misfortunes and inconveniencys
I suffered by my long passage, Mr. Thomas Tench who presided
here in H.M. Council, being a craving person and not satisfyed
with the advantage of the best part of 1,OOOZ. sterl. (which my
ill fortune in being so long on my passage hither presented him
with) and altho my Commission passed Feb. 12 last was twelve
months, still insists upon a moyety of the I2d. per hhd. for what
tobaccoes were on board the shipps here at my arrivall, tho not
to be cleared until two months after, which I humbly hope your
honourable Board will not think reasonable, and beg you will not
AMERICA AND WEST INDIES.
135
1704.
countenance his pretensions thereto, who has already gained
so much by my misfortunes with little or no charge or trouble
to himself, or hindrance of his private concerns. Sir Thomas
Laurence, H.M. Secretary of this Province, finding himself much
impaired in his health, and uneasye in his Office, the Assembly
refusing to continue to him the benefit of the ordinary ly censes,
and having made application to my selfe and H.M. Council for
leave to goe for England, leaving a sufficient Deputy well qualified
to execute his Office, has offered his service to take care of ye
Journals and publique pacquetts from this Government and,
God willing, will wth. Col. Blakiston, our Agent, wayte upon
your Lordships to present them. etc. Signed, Jo. Seymour.
Endorsed, Reed. 9th, Read Aug. 23, 1704. 6 pp. Enclosed,
343. i. Transcript of the Journal of the Committee of Accounts,
May, 1704. Endorsed, Reed. Aug. 9, 1704. 20 pp.
[C.O. 5, 715. Nos. 78, 78.L ; and (without enclosures)
5, 726. pp. 288-296.]
May 23. 344. W. Popple, jr., to Samuel Gardner etc. Encloses
Whitehall. Mr. Clifford's account. The Council of Trade and Plantations
desire your report (March 2) as soon as conveniently you can.
[C.O. 389, 36. p. 187.]
May 23. 345. Council of Trade and Plantations to Governor Seymour.
Whitehall. Since ours of .March 17, we have heard from Sir Bevill Granville
that you had been forced from the coast of Virginia to Barbados,
and giving us an account of the hardships you had undergone,
for which we are heartily sorry. And we hope that long before
this you are safely arrived in your government. Upon our
considering the Laws of other Governments, we find it absolutely
necessary to remind you of that Instruction which directs you
to send over a compleat collection of all the Laws of Maryland
now in force ; which therefore we desire you to send over with
all possible dispatch. [C.O. 5, 726. pp. 281, 282.]
May 24. 346. Abstract of Complaints against Governor Nicholson.
Presented to the Board by Mr. Blair. Endorsed, Reed. Read
May 24, 1704. 4 pp. [C.O. 5, 1314. No. 18; and 5, 1360.
pp. 471-475.]
May 24.
Treasury
Chambers.
347. Wm. Lowndes to Mr. Popple. Returns Act for settling
the public Revenue of Jamaica [May 19] with the Lord High
Treasurer's observations thereupon. Signed, Wm. Lowndes.
Endorsed, Reed. Read May 26, 1704. } p. Annexed,
347. i. Observations of the Lord High Treasurer upon the
Act of Revenue of Jamaica. (1) If the goods be
reshipt within 12 months, the Receiver is to pay back
half the Customs at the rates mentioned, whereas it
should be half the neat money by him reed, after the
deductions made. (2) There is a penalty for running
the goods after sunset, and before sun-rising, but there
is no provision made in the Bill for goods run in the
136 COLONIAL PAPERS.
1704.
day-time. (3) The goods of new settlers are discharged
from all duties. Quere. Whether that exemption
should not be restrained only to the duties granted by
this Act. (4) There is a proviso that the merchant
shall pay duty for no more than he sell or disposes of
within the Island. Quere. Whether the charge is to be
made upon the importation or the sale, and if upon
the latter how can the duty be ascertained, and
whether the goods imported and exported again without
being sold or disposed in the Island will be dis-
charged of the whole by the Proviso or of half by the
preceeding clause, for they seem to be repugnant.
| p. [C.O. 137, 6. Nos. 48, 48.L ; and 138, 11.
pp. 271, 272.]
May 24. 348. Governor Sir B. Granville to the Council of Trade and
Barbados. Plantations. A packet-boat arrived here from England the
21 inst., and was very welcome to us, we having bin without
one for above 3 months past, and tho it brings letters of Aprill 13
I have the honour only of one from your Lordships, Feb. 16.
I doe enclos'd send the list you order me in relation to Councellours
and do suBmitt it to you as of persons every way the best
qualify 'd of any upon this Island for that trust. I shall govern
myself with great exactness in relation to the Spaniards according
to my Lord Nottingham's directions, and shall carefully observe
those other commands you send me in relation to the private
ships of warr, my Lord High Admirall's tenths and dues. I am
very sensible of all your Lordships' favour to me in the report
you make to H.M. about the house rent settled here, and I doe
return the greatest acknowledgements for it. By this ordinary,
I send such Acts as have been pass'd, as also the Minutes of the
Councill and Assembly from which you will be better able to
judge of the present state of this place then from any generall
account I can give. A fleet of severall merchant ships are here
loaden ready to sail for England and will depart in a day or two.
The French Privateers are buisy about us, and will continue to
do us mischief without such ships be nimbler saylors then those
we usually have, to which I must add that three men of war are
necessary to protect all the trade of this place. There being a
report which is come from the Maderas of a squadron of French
men of war gon by that place for Martinique, I have sent out a
spy boat to look into all their ports, as also at Guadaloup. I was
in hopes it might have return'd in time for me to have given
an account by this ordinary but I still expect her. Signed,
Bevill Granville. Endorsed, Reed. 5th, Read Aug. 23, 1704.
Holograph. 3 pp. Enclosed,
348. i. List of persons qualify'd to fill vacancies in the
Council : Abel Alleyne, William Cleeland, James
Colleton, John Mills, Wm. Holder, Alexander Walker,
John Holder, Middleton Chamberlin, Robert Gibbs,
Edward Burk, William Battyn, Joseph Pickering.
Endorsed, Reed. Aug. 5, 1704. J p.
AMERICA AND WEST INDIES. 137
1704.
348. ii. Account of prizes condemned in Barbados. 11 ships
and sloops, 5 of which were wholy delivered into the
Captors' hands according to the Act of Barbados for the
encouragement of privateers, Nov., 1701. James
Hannay, Marshall of the Court of Vice-Admiralty.
Endorsed as preceding. 1 large p.
348. iii. An abstract of prizes condemned in the Court of
Vice- Admiralty, Barbados, since the present war.
(See Nov. 26, 1703.) Signed, Nich. Sayers, Registrar.
Same endorsement. 2| pp. [(7.0. 28, 7. Nos. 33, 33.i.-iii.
(and memoranda) ; and (without enclosures) 29, 8.
pp. 455-461.]
May 26. 349. Council of Trade and Plantations to Gov. Dudley.
Whitehall. Since our letter of March 17 we have received one from you of
Dec. 19 (we have also seen your letters of Dec. 28), Jan. 3, and
March 3 to our Secretary. We are sorry to find the Assembly
have been so refractory in the matter of Pemaquid which so
nearly concerns H.M. interest and their own safety. But we
have not seen the Address you mention to have been sent over
by the Assembly without your concurrence to excuse their not
rebuilding that Fort. We can by no means approve their
proceeding in this manner, it is very unfit that Assemblies should
make representations to H.M. by particular Agents of their own
without the consent and knowledge of H.M. Governour, except
it be in cases where the Governour refuses to transmit or report
what they desire, which you will intimate to the Assembly on
such occasions as you shall think proper. We are very sensible
of the little care the Assembly do take in settling a salary upon
you and other Officers, and wish you could propose to us any
method for rendring that affair more easy to you ; in the mean-
time not being forbid by your Instructions as Governor of the
Massachusets Bay, you may immediately receive what presents
shall be made you by Act of Assembly there without expecting
H.M. confirmation, sending over nevertheless by the first
opportunity such Act or Order by which the same is given in
the same manner as all other Acts for H.M. approbation. As
to stores of war, you ought to have sent us a particular account
of the quantities and species desired, and for what places wanted,
as also how H.M. shall be reimbursed ; for it is very unreasonable
the Assembly of the Massachusetts Bay should expect that they
should be furnished with stores of war at H.M. expence, while
they of all the Colonies in America do alone refuse to settle a
salary upon H.M. Governour and other Officers there. We have
received the map you have sent us, but we must desire you,
when you send anything of that nature for the future, to give
charge to the persons to whom you intrust it, that they take care
to deliver it themselves, for we had like to have lost this by the
negligence of the Captain, who left it at the post-house at
Portsmouth. We have laid before H.R.H. Councill what you
writ concerning ships of war. And we have also laid before
H.M. what you write about a descent on Port Royall, and when
138 COLONIAL PAPERS.
1704.
any directions shall be given therein you will have timely notice.
As to what you write relating to the Castle's requiring more
men than it did before it was inlarged, as also concerning a
winters expedition, we conceive that you are the best judge
in those matters. We leave it therefore to your prudence to
do therein, and upon other the like occasions, as you shall find
most for H.M. interest and the safety of the Province. We are
glad the Assembly of New Hampshire have selbtled 160?. per
annum on you during your Government. But whereas all Acts
of that nature ought to be sent for H.M. approbation, we are
expecting that Act in order to it's receiving the royall assent.
We have laid before H.M. the Act of New Hampshire for obliging
the inhabitants to do military service, and for raising money
for a stock of provisions to be in each town ready for a march
against the enemy. We send you H.M. letters to the Govern-
ments of Connecticut and Rhode Island, relating to their refusing
assistance to you in time of need, as also a copy thereof for your
information. Col. Romer having transmitted to us an inscription
he proposes to be set up on the Castle at Boston, we send you
a copy thereof to be set up accordingly, having no objection
thereunto. We desire you to send us quarterly, or as often
as may be, the number of persons that shall come from England
or any of the Plantations to settle in the Massachusets Bay.
We inclose the extract of a letter from Capt. Lloyd, Commander
of the Company at Newfoundland, relating to the piratical
proceedings of George Bald, Commander of the Adventure, a New
England sloop, that you may make enquiry into that matter,
and if the complaint be found true, that you do your best
endeavours that the offenders be brought to condign punishment.
This may serve as a caution to you not to grant Commissions
to privateers without sufficient security. [(7.0. 5, 911. pp. 330-
334.]
May 26. 350. Mr. Thurston to Mr. Popple. The Chaplain for
Newfoundland has been supported hitherto by a deduction
from the pay of the Company there, pursuant to a warrant from
the late King. I have endeavoured a renewal of the warrant
by the present Queen, thereby to cut off all scruple that might
arise in the officers, who never very well relish't it. But I have
been unsuccessful!, as being a stranger to the Secretary at
War. Prays for a recommendation from the Council of Trade
and Plantations. Signed, J. Thurston. Endorsed, Reed. Read
May 26, 1704. 2 pp. [(7.0. 194, 3. No. 21.]
May 27. 351. Stephen Thomson to the Council of Trade and
Virginia. Plantations. Returns thanks for recommendation as Attorney
General for Virginia. Signed, S. Thomson. Endorsed, Reed. 9th,
Read Aug. 23, 1704. Addressed. Sealed. Postmark. J p.
[C.O. 5, 1314. No. 19 ; and 5, 1361. p. 20.]
May 30. 352. William Byrd to the Council of Trade and Plantations.
I find no direct complaint against Col. Byrd. The gentlemen
AMERICA AND WEST INDIES. 139
1704.
concern'd in the Memorial do not charge him with any fraud
or neglect in auditing the publick accounts, neither do they
charge him with not producing them from time to time to the
Governor, before they be transmitted to England. The only
article that has so much as the air of a complaint against the
Auditor, is, that there has not been any solemn audit since
Col. Nicholson came to the Government of Virginia, which these
gentlemen afterwards are pleased to explaine by saying that
the accounts have not been examined in Councill The Auditor
has not the least authority to summon the Gentlemen of the
Council, and therefore it can be no fault in him if they be not
summon 'd. I appeal to these gentlemen whether Col. Byrd
has not been frequently heard to lament, that the ancient custome
of passing his accounts in that publick manner should be
interrupted. Insists on the desirability of the public examination
of Accounts, etc. Signed, William Byrd. Endorsed, Reed. Read
May 31, 1704. 1J pp. [C.O. 5, 1314. No. 20 ; and 5, 1360.
pp. 476-478.]
May 30. 353. Col. Quary to the Council of Trade and Plantations.
Virginia. My last was Feb. 28 etc. Lt. Gov. Evans called an Assembly to
sett April 10 ; in order to it writts were issued out to the Three
Lower Countys. Mr. Penn's Province would obey noe writt,
but was resolved to stand firm to the late Charter granted by
Mr. Penn just at his going for England, by wch. they have power
to assemble themselves when and as often as they please, with
many other such extravagant priviledges as never was granted
to any people before, nor had this been granted but that Mr. Penn
thought then that ye Parliament had reasum'd his grant to the
Crown, wch. made him so liberal, tho' now he repents and wants
a fair occasion to dam his own Charter. However Col. Evans
was willing to try if he could reconcile or accommodate these
confusions, in order to it appointed the members of the Three
Lower Countys to' meet at Philadelphia, wch. they did, and after
all endeavours used to accommodate matters, nothing would
prevail with the Quakers : upon the former union they met
upon the square, the Lower Countys were equal in numbers
with the Upper, but now by Mr. Penn's new Charter the Upper
Countys have more then double the number of Representatives.
After some time spent to noe purpose, the Gentlemen of the
Lower Countys, finding themselves thrown off by the Quakers,
and that they must shift for themselves, went back to their
own count [r]y, and the Lieut. Governor hath ordered them to
meet him at Newcastle, to see what can be done with them
singley, in order, I suppose, for the security of the country,
wch. lies so open and exposed, but I cannot see how it is possible
for them to undergo the great charge of it themselves, besides
they will be very unwilling to undertake it at their own cost,
since the Quakers of the Upper County will reap the greatest
benefitt, and yet will not contribute anything towards their
own defence. Since the Quakers have thrown off the Three
Lower Countys, I hope yr. Lordships will think it high time
140 COLONIAL PAPERS.
1704.
that H.M. take those poor people under her immediate protection.
I am very confident that Mr. Penn's proud Province will quickly
repent there throwing off Lower Countys ; it will quite ruin their
trade, nor can they subsist [without being supplied from them ;
besides in case the Lower Counties be made] a Province of itself,
or joyn'd to any other Government, then the tobacco which
is all made there cannot by law be carried to them without first
paying the Id. per Ib. duty, which will ruin Pensylvania, and
very much improve the trade of the Lower Countys. Besides
the 2,000/. which the Assembly gave Mr. Penn before he went
hence, and the excise on beer, wine etc., he had managed the
People so wth. his spatious pretences, yt. he gott a subscription
from all the several meetings throughout the whole Province,
which by a very modest computation amounts to 2,5001. ; one of
the original subscriptions and an original recet from his Secretary
and Receiver General to the Collector I have in my possession ;
by enclosed copy your Lpps. will see the pretences he uses to
impose on the poor people and to gain his point, so that by these
ways together wth. the quitt-rents, supernumery land and the
constant sale of land, the Country is quite drained of all the
money, there is scarce enough left to goe to market.
I gave your Lordships a full acct. of the severall fatall attaques
made by the Indians and French on the out settlements of New
England, and alsoe that a party of about 300 Indians, headed
by about 20 or 30 French had fallen into the Proprietary Govmt.
of Connecticutt and cut of a place called Dearfield, they killed
52 of the inhabitants and carry'd away 80 prisoners ; the Indians
and French had 50 killed in this action. Their cheif officer was
M. Marecure, who formerly cut off Schenectade. We must
expect frequent misfortunes of this nature in one Province or
another, where the Enemy please to fall on us, nor is there any
other effectuall way to prevent these mischiefs but by cutting
off Canada, wch. may be done with ease, if H.M. would but
resolve on it ; nothing can secure her subjects in any of her
Provinces, or prevent the French from being in time Masters
of the Main.
H.E. Col. Dudley hath disolv'd the Assembly of that Province,
April 21st. I doe much fear that he will change for the worse.
Lord Cornbury designs as soon as [the Assembly at New York]
rise to hasten up to Albany to settle the frontiers, and in order
to it hath adjourned the Assembly of the Jersys to June 20,
at wch. time I resolve to attend H.E. at Burlington. I need
not tell your Lordships of how great a consequence the effectual
securing of the Five Nations and the Frontiers is to all H.M.
Governments. I am very confident that he will do all in his
power, but I fear it is impossible for ye people of that Province
to support the charge of it. I doe very well know that the
inhabitants of New York are suppos'd to be a very rich people,
but in reallity they are not : it is true they had formerly a very
great trade, and gott abundance of money the last war, when
we had a trade with the Spaniards, besides they had a very
profitable, tho' an unlawfull trade to and from Madagascar,
AMERICA AND WEST INDIES. 141
1704.
besides the advantage of several privateers and Pyrates [bringing
great quantities of mony and goods amongst them, all which is]
gone to pay there Creditors in England, and have very little left
among them ; they have had very great losses this warr both
going and coming from England, besides vast losses in the West
Indies ; their Trade is in effect quite gone, the produce of the
Country is of little or no value, nor is there any markett for it
anywhere, soe that on the whole matter their circumstances
are very low, and yet the charge of the Governmt. is much higher
then it use[d] to be, and their Neighbours less able to supply
them then ever. Their Northern Neighbours have enough to doe
in defending themselves and their frontiers from the enemy,
who are so frequently assaulted by them, so that there can be
but very little hope of assistance from any of them. To the
Southward, the Jersys are able to supply their quota of men
and subsist them, tho money is very scarce amongst them, yett
that want may be answered by the produce of the Country.
Lord Cornbury very well knows how to manedge that point,
but there is a fatall obsticle, which I fear will ruin all the hopes
of being supply 'd with men from hence. When the people of
Jersey find that their next neighbour of Pensylvania doe neither
supply there quota in men or mony, they will think it very
hard that they must be under worse circumstances under H.M.
Governmt. than these fellow-subjects are under a Proprietor,
but this is not the worst, for those that are sent on this expedition
are generally single men, and rather than fare worse than there
next neighbours, will leave the country and goe to Pensylvania,
by which means H.M. Province will be depopulated etc. This is
already in every man's mouth. Pensylvania will give no supply
of men or money so long as they remain under their present con-
stitution, soe that instead of being an advantage to the Crown,
or contributing in ye least to ye security of H.M. Provinces or
themselves, they will rather contribute their endeavours to
hinder others. The Lower Countys, if we consider them as
they are now thrown off by the Quakers of Pensylvania, and
are independent, nothing can be expected of them, more then
the settling a Militia amongst them, and putting them on the
most proper methods for their own defence, and in case they
find that doth bear hard on them, then they will have recourse
to the same remedy that ye People of the Jersey have, and remove
themselves to Pensylvania, wch. still shews the necessity of
that Province being under some other regulations. H.E.
Col. Seymour arrived in Maryland April 11. I was there to
attend him. He called his Councill, where he and they were
qualified by [taking the oaths appointed] etc. The Assembly,
wch. were called, and in being in the last Reigne, were [then on
adjournment]. H.E. thought fit to humour them to meet Apr. 24,
in order to renew the Act for laying 3d. upon every hhd. of
tobacco, wch. the Assembly had formerly given to Col. Blakistone,
but was expired after his quitting the Governmt. Had H.E.
stayed till a new Assembly was called, he must have lost the
benefitt of that duty on all the tobacco that goes home in this
142 COLONIAL PAPERS.
1704.
fleet. The Assembly renewed that Act, and then were dissolved ;
there is now writts for calling a new one. The Assembly of
Maryland did formerly give something toward the support of
Albany, but there is not a penny of it paid to this day, and they
are in hopes by some way or other to evade the payment of it,
and I have very great ground to doubt whither they will ever
be prevailed wth. to give any more, for they are very appre-
hensive of their own danger from the Indians and French,
especially since the cutting off of Dearfield. I believe yr.
Lordships may not allow this to be a good reason, but rather
think they ought to prevent the approach of their danger by
assistance in supporting Albany. However when your Lordships
consider there other circumstances more especially in relation
to Trade and the effects of it [hath] on them, I am sure you will
give grains of allowance to them. Noe Trade belonging to
England is worse manedge than the tobacco trade, and therefore
doe wish yt. there were a regulation of it. I am sure it would
be for the interest of H.M., the Planter and the Mercht. too,
but as it is manedg'd it is injurious to all. I cannot give a greater
instance than the last fleet under the convoy of the Guernsey
and Oxford, known here as the Smoaking fleet ; it hath done
more damage to trade and the intrist of these Provinces than
all that were concern'd in it were worth ; it hath lower'd the
price of tobacco both at home and at all forreign marketts almost
to nothing, I mean the Aronoco tobacco ; it hath entail'd such
a feud and misunderstanding betwixt the inhabitants that will
require some time to reconcile ; some few that did not see into
the reason of trade were for encouraging them, but the most
considering men that saw further and knew the consequence
of such irregular methods gave them all the discouragement
they could. These Provinces produce but one crop of tobacco
in a year ; one fleet of ships may carry home all this tobacco
under a good convoy ; this would fix the price of tobacco here,
in England and all forreign marketts ; then all persons concerned
would buy briskly, being well assured that no other supply would
come till next year's fleet ; whereas the [late destructive and
irregular way of having several Fleets] to carry home this tobacco
ruins trade, discou[rages the buyer], lowers the price, to the ruin of
all concerned, for when an after fleet is expected, they always
depend on ten times a greater quantity than really there is, and
so deferr buying, perhaps there never was such an instance of
four severall fleets that went from hence in fourteen months
time, wch. hath given such a fat all blow to trade that will hardly
be retriev'd, by wch. means severall thousands of hhds. of Aronoco
tobacco were not worth to the owners one penny, some left on the
masters of the ships hands for the freight, and had not some
worthy eminent merchant, who had a true honour for Trade
and the Intrist of these countrys, stood in the gap and supported
it, it would have been far worse ; however it had this fatall
effect, that the tobacco yielding little or nothing, the Planters'
Bills of Exchange were returned protested to their great damage,
and utter ruin of many, nor can they ever hope to recover
AMERICA AND WEST INDIES. 143
1704.
themselves but by the advance of tobacco, wch. must be the right
regulation of that trade. The present warr hath cutt us out of
the trade of Spain, France, Flanders and part of the Baltick,
which took off/] at least 20,000 hhds. every year, and that of the
most ordinaryest sort, whereas now the greatest forreign markett
is Holland, wch. takes off none but our fine bright Aronoake,
wch. is but little in comparison of the browner sort, and it is to[o]
evident that we have cloy'd that markett. These severall fleets
so different in their intrist have very much disappointed the
Country of such supply of goods as should answer their necessitys ;
ye Smokers Fleet, thinking to take the advantage of the Planters,
would not sell their goods but at a very extravagant price, wch.
they would not give, depending on the Grand Fleet's coming
in the fall, and perhaps they concluding that the Smokers Fleet
had pretty well supply'd the country, slecken'd their hand and
sent not soe much goods as else they would have done, so that
between them both the Country is disappointed and in great
want of goods, especially if the Fleet should not be here again
before Christmas ; that wch. contributes more to this disapoint-
ment is the loss of severall ships of the Fleet, who had a great
quantity of goods on board, wch. wth. the many ships lost going
home is another misfortune that these countrys grown under.
The remedy of all these evills in the future is (1), as there is but
one crop of tobacco in a year, soe there may be but one sufficient
fleet to carry it home under a good convoy ; that noe ship be
permitted to sail but what goes in the fleet under convoy ; the
Assembly of this Province having by sad experience found the
ill effects of the late confused and obstructive method of trade,
have proposed the time for the fleet to sail ; they have given
their reasons, wch. I hope your Lordships will approve. They
propose that the Fleet doe sayl from England in Sept., wch. will
bring them hither in Nov., by wch. time great part of the tobacco
will be stript and packt, soe that by the time they have delivered
their goods and gott their ships in order, the tobacco may be
ready for them to take on board. (2) By the Fleet's being on
our coasts in Nov. is before the North west winds sett in,
so that they will in all likelihood meet with smooth short passages
whereas if they come on these coasts in the dead of the winter,
they will meet with very hard violent weather, such as may force
them to bear away to the West Indies, by wch. they hazard
the loss of their ships by the enemy or the loss of the men's lives
for want of provisions, of wch. we have had so many instances,
particularly this year. By being here in Nov., there will be
time enough all the winter for the merchants to sell their goods
and purchase tobacco, and it will be very seasonable for the
planters to furnish themselves with cloathing for their servants
etc., the want of wch. this year proved a very great damage.
They may then be ready to go hence in April or May, and will
prevent the ships being damaged by the worm, and secure the
men from those sicknesses which generally attend them in the
heat of summer; going home, they will have good weather and
moderate winds, soe that if they have good convoys, they may
144 COLONIAL PAPERS.
1704.
be kept together, the contrary effect of wch. by going home in
the winter was sadly experienced by the last fleet, etc., etc. No
single ship ought to be suffered to sail since it lessens the Queen's
Revenue, feeds the enemy, encourages privateers, ruins the
Planter, makes a noyse and perhaps feeds a markett, in a word
it cannot be for a publick good. It cannot be for H.M. service
that a Commadore's orders should confine him to a fixed day
of sailing hence wth. the fleet, it being impossible for H.R.H. at
soe great a distance to foresee the many and great accedents that
may fall out. I humbly propose that somewhat may be left
to ye Governmt., and if your Lordships think fit that the Com-
madore may be joyn'd with them, this may prevent many
inconveniencys and be a great satisfaction to ye country.
And now I humbly propose whither, considering the present
miserable and unhappy condition of these Provinces, your
Lordships may not think fit to suspend for the present the
pressing them to pay their quota towards the supply and support
of Albany, till they have a little recover'd themselves etc. Such
a gratious condescention in H.M. will make the People of these
poor Provinces easy and chearfull, and, when they are able to
contribute, far more willing and larger then what is now expected
from them. I am not in the least changed from my former
opinion, that the security of all the Provinces on the Maine doth
depend on the effectuall defence of Albany and the frontiers,
together wth. secureing the Five Nations to the English intrist,
that the Province of New York are not able to defray the charge
of it, that it's not reasonable that H.M. should be at the expence
of it, espetially whilst she is ingaged in soe chargeable a warr ;
that it ought to be defray 'd by the severall Governments that
reap the benefitt of it, that noe better method can be found
then what hath been agreed on by your Lordships ; but the
miserable effects of this present warr hath very much alter'd
the state of the Tobacco plantations, wch. may make it
adviseable to suspend there payment for some time.
The Assembly of this Province [Virginia] mett Aprill 20th and
sate till May 12th, and were then prorogued till Oct. 19. They
past severall good Acts. The factious uneasy spirit is contracted
into a very narrow compass ; the people's eyes are open to see
that those men had noe other ground or motive for what they
did but their mallice and revenge for not being continued in all
places of honour and profnt ; it is generally thought that Mr. Ben.
Harrison and the rest of his gang have made their last effort this
Session ; the occasion was this ; the Act for laying an imposition
on liquors and negroes appropriated to the building of the Capitoll
was expired ; the inside work not being quite finish 'd the
Assembly brought in a Bill to revive the Act for one year longer,
and tho this Act noe ways concern'd H.M. or the Governor,
but purely for the service of the Countrey, yet this Gentleman
with his few factious friends us'd the utmost of their endeavours to
have thrown out this Bill, wch. did so effectuality] shew the
Assembly and the whole Country the true temper of them, that
they will never be abused or imposed on by them more ; wch.
AMERICA AND WEST INDIES. H5
1704.
proved to be a very happy accident, for after this they could
gain noe one point, but all things went on very smoothly in the
Assembly. The great noyse and clamour which was so improv'd
in the Country by those few uneasy is now quite blown over,
all those malicious storys of H.E., being sent for home by H.M.
and a new Governor sent in his room, wch. they endeavoured
to impose on the people, are now at an end.
The late expedition in South Carolina under Col. James Moore,
against the Apalacy Indians, was a brave action, and will be
attended with this good consequence, to secure that Province
from any sudden attempt of the Spanyard, or Indian, against
them by land, this nation of Indians being the chief that the
Spaniard depended on for that design. Col. Moore marched
wth. a great body of our friendly Indians and about 50 English-
men ; they killed a great number of the Enemy, brought a great
number of them Prisoners, besides 1,300 that came voluntary
with them to live under the protection of ye English Governmt.
I hope your Lordships will assist that Govt. wth. a man of warr
and a bomb ketch, in order to taking St. Augustine, wch. may
wth. ease be done, and will be of a vast consequence by a totall
removall of the Spaniards and French from those Southern parts,
and bring all the Indians under the English Governmt. As for
Providence, it lyes still ruin'd and depopulated, and soe is like
to continue unless H.M. will please to take it into her own hand
and protection ; then it would be soon settled, but noe number
of people will ever venture to settle it again under the Proprietors ;
it's pitty such a place should be deserted. Signed, Robt. Quary.
Endorsed, Reed. Read Aug. 15, 1704. 8 closely written pp. partly
torn. Enclosed,
353. i. Robert Quary to Governor Lord Cornbury. For many
years past all manner of illegal trade hath been carried
on, encouraged and sheltered at a place in the Province
call'd Sandyhook, to H.M. very great damadge in her
Revenue. Ships from Madagascar, Curacoa, Surinam,
St. Thomas etc. bound for New York, there land or
put on board some sloop the manufactory of Europe
and other prohibited goods brought from those forreigne
parts, and also great quantitys of pyratical goods ;
wch. done the ships goe up to Yorke perhaps in their
ballace, and in a little, time after the goods are conveyed
to York in wood boats etc. For many years there has
been a very pernicious trade carryed on from Pensylvania
to that place by some sloops belonging to New York.
They carry goods to Pensylvania, and in their return
back they doe perhaps enter a small quantity of tobacco
for New Yorke, for wch. they doe pay the duty, and
after they have got their clearing, they fall down to
some creeke or other in the Lower Countys, and there
take in their full loading of tobacco, wch. they bring
to some of the small places neare Sandy-Hook, where
they putt it on shoare, and then goe up to New Yorke.
The tobacco is sent up in wood boats, under their
Wt. 2710. C 10
146 COLONIAL PAPERS.
1704.
loading, and landed in the night or putt on board some
vessel bound for the French or Dutch Governmts.
But generally those ships to stop at Sandy Hook and
take in the tobacco there. By a strict inquiry" into
this wicked trade, I am very well assured that H.M.
hath been damaged above 20,000?., and will be injured
to a greater value. Proposes the building of a small
Plattform or Battery of three or five guns ; with 8 or
10 men constantly to attend ; that all vessels bound
in from the sea be obliged to touch there to make report,
and take a waiter on board up to New York ; all vessels
outward bound to take an officer on board and land
him at Sandy-hook ; H.M. Collector of Amboy to be
oblidged to reside there by himself or deputy ; beacons
to signal the approach of ships to be erected there and
at the Narrows etc., etc. Feb. 15, 170|. Signed, Robt.
Quary. Endorsed, Reed. Aug. 12, 170|. 3 pp.
353. ii. Memorandum of Copy of the Subscription obtained by
Mr. Penn for mony from the inhabitants of Penn-
sylvania etc. I p. [C.O. 323, 5. Nos. 51, 51.L, ii ;
and (without enclosures) 324, 9. pp. 1-30.]
[May 30.] 354. Copy of the Subscription obtained by Mr. Penn for
money from the Inhabitants of Pennsylvania. Whereas our
Enemies by their frequent and unwearied attempts and mis-
representations of us and this Governmt. to our Supperiors in
England have at length so farr prevailed that our Govermt. and
therewith our priviledges are like to be taken away, and our
Christian liberties thereby infringed tending to the great
prejudice of us and our posterity, if timely care be not taken
to prevent the same, for which cause there seems an unavoidable
necessity that our Friend and Governor Wm. Penn doe speedily
repaire for England to defend his and our just rights, which
cannot be done without a considerable supply towards defraying
the charge thereof. Therefore we the underwritten . ". . do
severally agree to pay to William Penn, his heirs etc. the several
sums of money by us respectively subscribed. Darby. Signed,
James Cooper, 5, John Blunston 51, John Wood, 105.,
Tho. Worth 10s., Nich. Ireland 10s., Daniell Hiberd ll, Michaell
Blunston 21. , Thomas Bradshaw ll, John Marshall ll, Obadiah
Bonsall 10s., Benjamin Cliff 10s., Rich. Parker ll. 4s., Will. Cooke
10s., John Smith 10s., Edmond Cartledge ll., Joseph Needs 21. ,
Robert Scothorne 10s., James Williams 10s., Josiah Hearne 10s.,
John Hircke 10s. Receipted. Total, 26Z. 14s. Endorsed, Reed.
Aug. 15, 1704. 1 p. [C.O. 5, 1262. No. 85.]
[May 30.] 355. Copy of Deputation by James Logan, Mr. Penn's
Receiver, to James Cooper, to collect the sums subscribed by
the Friends of Darby Meeting towards the said Proprietor's
supply in his voyage to England. 1 p. [C.O. 5, 1262.
No. 86.]
AMERICA AND WEST INDIES.
147
1704.
May 30.
Jamaica.
May 30.
Whitehall.
May 30.
Whitehall.
356. Information by Robert Hotchkyn, Attorney General
of Jamaica, against Hugh Totterdell. An Assembly being sum-
moned at St. Jago de la Vega, April 11, 1704, Hugh Totterdell,
late of Spanish Towne, being duly elected and returned for the
parish of St. Catherine's, and Richard Thompson for the parish
of Kingston, the said Hugh contriving and intending to defame
the said Thomas and excite sedition and create a jealousy
between the Governor, Council and Assembly and the Queen's
liege people and to bring the Governor and Government into
contempt etc., the said Richard being appointed Chairman
of a Committee of the Assembly to bring in a Bill for the
quartering of H.M. forces, and the said Hugh being afterwards
appointed Chairman in his room, on May 10 at Spanish Towne
uttered these scandalous and seditious words in the hearing
of the said Richard and divers others, to witt, " I desire I may
be likewise excused, for if anything should goe amiss, I shall be
rogu'd and rascall'd as before, and therefore desire the said
Richard may not be excused, but continue Chairman, that he
may be rogu'd and rascall'd in his turne," upon which Richard
asked him who would call him so ; he replied, the Governor ;
to which Richard replied that he would give no occasion for such
language ; Hugh answered that he was no time server, he had
rowed against the stream and found he could pull up against all,
and that the first good dinner the Governor had in this Island,
Hugh gave it him.
The Court is further informed that whereas Hugh was intrusted
with a packet of letters from the Queen for the Governor, he
privately concealed and withheld it for 7 weeks from June 8.
Prays that Hugh may come into Court to answer upon the premises.
Endorsed, Oct. 25, 1704. 1 p. [C.O. 137, 45. No. 61.]
357. W. Popple to Wm. Lowndes. The Council of Trade
and Plantations find that the Revenue Act of Jamaica [May 19,
24] does agree in every material part (except as to the rates of
goods imported) with the former Revenue Act, which has been
in force for 21 years and upon which the Customs and other
Revenues have bin collected without any inconvenience. But
that the Lord High Treasurer may have intire satisfaction, they
will send his observations to the Governor and Council of Jamaica ;
that such defects as may appear to them to be essential may
be remedied by a subsequent Act, and that they likewise return
an answer to the several particulars, and in the meantime they
humbly conceive this Act fit to be laid before H.M. for her Royal
approbation, if his Lordship has no objection to their doing the
same. [C.O. 138, 11. pp. 273, 274.]
358. W. Popple, jr., to Mr. Attorney General. Enclosing
draught of a Proclamation for settling the rates of foreign coins
in the Plantations, that it may be put in such form by your care
as you shall find requisite, to be presented to H.M. the next
Councill Day. Annexed,
358. i. Proclamation referred to above. [No. 392.L] [C.O,
324, 8. pp. 446-449.]
148 COLONIAL PAPERS.
1704.
May 30. 359. Lt. Governor Evans to the Council of Trade and
a. in the Plantations. What mismanagement and abuses have been
^ e f re m J time I know not, but since I have not been able to
make the least discovery. And I am sure 'tis no Governor's
interest to connive where the Law gives so large share of the
fforfeiture, and whatever regards H.M. interest commands my
firm obedience, especially since it has graciously pleased ye
Queen to grant me her Royal Approbation. I find it is the
great unhappiness of these parts of the world in generall
to be too much divided in opinions. I have therefore
endeavoured to my utmost to reconcile animosities and take
off the edge of some men's unreasonable anger ; but how far I
have succeeded I am not able to judge, it having been the practice
I am informed of writing to England large accounts of every
minute passage without the least complaint or notice here, nay,
even where they have seemingly approved. My Lords, I write
not this that I am conscious of any occasion given, but if any
should be taken from the malicious and restless humours of
men, I humbly beg that I may have notice of it before intire
credit be given etc. ; I have earnestly press 'd to the Assembly now
sitting the raising that summ required of this Province in the
late King's letter for the assistance of New York etc., which you
(May 19, 1703) enjoyn'd the Proprietor to take care of. I find
it goes much against the humour of the people here, as well as
in the rest of our neighbouring Colonies. The reasons here urg'd
by them are that the Lord Bellomont's project which gave
occasion for these quotas to be demanded, was altogether
impracticable, and as such (say they) is esteem'd by those who
know the scituation of the country. However, I proceeded to
discharge my duty in this affair, and continued by messages
and conferences urgently to press it to them. I cannot yet
determine the Resolutions the House will take thereupon, the
Assembly having not as yet passed an Act of any kind, otherwise
I should transmitt and shall not neglect it by the first opportunity.
We have now under consideration methods of securing ourselvs
against incursions from Canada (which is as necessary for the
safety of our back settlements as anything) by engageing all
our friendly Indians, as well the Five Nations as others, and by
keeping some kind of patroul abroad, which I hope we shall
speedily effect by a good Law and an answerable Fund for it.
I have lately (for I could not well before the Assembly sate)
publish'd a Proclamation for raising a Militia throughout the
Government, and thereupon issued out Commissions, and hope
to have all the country in arms, who will bear any, on any account,
as great part I believe will, but a full and regular Militia I fear
is not to be expected. The Province now acts in legislation
distinct from the Lower Counties upon some steps that had
been made before my arrival, however both sides think
themselvs more disengaged and freer to goe on with the
publick business in different Assemblies. Signed, John
Evans. Endorsed, Reed. Sept. 8, Read Oct. 19, 1704. 4 pp.
Enclosed,
AMERICA AND WEST INDIES. 149
1704.
359. i. Proclamation by Lt. Governor Evans requiring all
persons residing in this Government, whose perswasions
will on any account permit them to take up arms in
their own defence, to provide themselves with a good
firelock and ammunition in order to inlist themselves in
the Militia. Every inhabitant to repair and inlist himself
with the officer commanding in his district etc.
Philadelphia, May 26, 1704. Signed, John Evans.
Endorsed as preceding. Copy. 1 p.
359. ii. Speech of Lt. Governor Evans to the Assembly of
Pennsylvania, April, 1704. . . . Nothing is of greater
importance than a well regulated Legislative power
consisting in the concurrence of those that are invested
with the power of Government and the people. . . . But I
was not a little surprized at my arrival to hear that
there had been any tendency to a division in the
Legislative powers happily settled by our Constitution
in an Assembly of the Freeholders of this Province and
Territorys. Since the first electing of this Government
I have been pleased to hear that you have all hitherto
been united in one body in your Assembly, and in
them have joyntly enacted Laws by wch. you have
been peaceably governned and flourished at least equally
for the time to any Collony in America. And I shall
be exceedingly sorry should you upon my arrival break
that union and confirm by Act a separation that I
must believe was the unhappiness of the place to have
ever laid any foundation for. I am well assured by
all my Orders that H.M. considers both this Province
and Territories as one intire Government, and both the
Royal Approbation and my Commission tell me that
I ought to use my utmost endeavours to keep you soe.
Your publick interest alsoe will I suppose noe less
clearly informe you that you are by that soe inseparably
united yt. neither can without great loss and incon-
veniency suffer a division etc. I therefore earnestly
press both to you, the Representatives of the Province
(notwithstanding the steps already made to a separation)
and to you of the Lower Counties, who upon the con-
sultation at N. Castle with some of the principal of
you on this head thought it requisite to meet here
to deliberate and consult of this important affair,
that confering by yourselves and together as there
shall be occasion, you would take the speediest and
properest means to forme yrselves by an amicable
agreement into a convention that may enable you
effectually to proceed to the consideration of such
matters as the services of H.M., this Government, and
our common interest and safety may require and which
I must lay before you. The different numbers of
Representatives need not be any obstruction, yr.
business together being not now immediately to proceed
150 COLONIAL PAPERS.
1704.
to voting, but to find any means to put yourselves
jointly into a fit condition for it etc. Copy. 1J pp.
359. iii. Copy of the Representatives' Condescention of the
Territories to the Representatives of the Province of
Philadelphia, April 13, 1704. We the Representatives
for the County of N. Castle, Kent and Sussex, being
(by virtue of the Governor's writ for election) met at
Philadelphia, April 10, in expectation to have joyned
in Assembly with the Representatives of the Province
of Pennsylvania, found ourselves disappointed therein
by their pretending a former separation. Wherefore
we do think it our duty to manifest and declare how
unwilling we are to admit of any such thing as a dis-
union, being afraid that the consequence thereof must
of necessity prove prejudiciall to the Peace and Interest
of the Proprietary and Government. Wee therefore
being very sensible of the same, do declare that for the
quietness and prosperity of the Government, wee are
satisfied and contented to accept of the Charter given
and granted by Wm. Penn, Oct. 28, 1701, according
to the true intent and meaning of the same, that is to
say, if the Province will joyne with us in representing
the same by four Members out of each County, so that
our Representatives may be equall in number, conform
to the 2nd article of the sd. Charter, and the antient
use and practice of this Government. The which is
now offered by us, not doubting of your satisfactory
answer in writeing. Signed, James Coutts, John Healey,
Roolof De Haer, Isaac Gooding, Wm. Rodeny, John
Brinkloe, Wm. Morton, Arth. Moston, John Hill, Wm.
Bagwell, Rob. Burton, Rich. Paynter. 1 p.
359. iv. Second Speech by Lt. Governor Evans to the
Representatives of Pennsylvania. My earnest desires
and endeavours for an union between you and those
of the Lower Counties in legislation, having by means of
the sevferaW steps that] been made before my arrivall
prov'd unsuccessful, and you being now in a condition
by the Proprietor's Charter to proceed to business etc.
Nothing can be of greater importance towards man's
happyness and safety than that the legislative powers
be well and duely regulated, for the effecting which you
have now as fair an opportunity as sound and whole-
some Laws can give you. The Queen's Majesty and
the Proprietor have effectually done their parts, and for
mine I shall always be ready to promote whatever may
prove of so happy a tendency. It remains only that
you will accomplish your own happyness by a firm
establishment of your o,wn Constitution on such a
reasonable and regular foundation as that each particular
interest H.M., the Proprietor's and your own may be
so interwoven (as naturally they doubtless are) that
each may support the other. H.M. expects that while
AMERICA AND WEST INDIES. 151
1704.
all the rest of her subjects everywhere cheerfully con-
tribute to the great and necessary expenses of her
happy Government, you will with no less alacrity present
H.M. with the sum mentioned in the late King's letter
towards the expenses of New York. The Proprietor
expects you will support the dignity of the Government
in all its branches, and not suffer it to lye as an oppressive
load upon him, whose unwearied endeavours have never
ceased to secure you in the enjoyment of your just
rights and priviledges, and while he is enabled to
undergoe it, doth by me give you assurance that he
will never be wanting in whatever may most effectually
secure you, but that unless you can find means to
recommend yourselves to the Ministry at home by
answering the just ends of Government, the burthen
must needs lye much the heavyer upon him, and per-
happs at length prove to much to beare. I am also
to recommend to yr. care some method to secure ourselves
in these dangerous times of warr, especially that you
have a more then common regard to the Indians and
such as are suffered to come among them, etc. Copy.
i P .
359. v. The Representatives of the Three Lower Counties
to Lt. Governor Evans. Philadelphia, April 14, 1704.
In obedience to your writs, we have made our appearance
before your Honour on the 10th to have acted
legislatively in Assembly. But whereas we did observe
by your Speech (above) that you judged it fitt that all
endeavours should be used in the first place for the
uniteing of your Government in one Assembly, being
very sensible of the respect wee owe yr. Honour,
and being very well satisfied fehat you did at that time
propose matters of the greatest import towards the
interest, quiet and prosperity of the Government, have
accordingly use[d] our utmost endeavour for an accom-
modation wth. the Representatives for the Province, and
since we are assured that our endeavours cannot prove suc-
cessfull, as by their answer does plainly appeare [see Oct.
15, 1704], We therefore humbly lay before your Honour's
consideration, the necessity there will be for to fall
upon methods for a speedy and effectual settling our
Counties in a regular method of Government, that so justice
may be duely administered, the people preserved in
their rights and liberties, and your Honour's expectation
from us answered etc. Signed, John Hill, Wm. Bagwell,
Robt. Burton, Richd. Paynter, James Coutts, John
Healey, Roolof De Haer, Isaac Gooding, Wm. Roddney,
John Brinckloe, Wm. Morton, Arth. Most on. Copy.
1 p.
359. vi. Representatives of Pennsylvania to Lt. Governor
Evans. Return thanks for thy Speech, as also to the
Proprietor for his peculiar regards to our interest and
152 COLONIAL PAPERS.
1704.
happyness in the choice of so worthy a person to rule
over us, and to our gracious Queen for favouring thy
Lieutenancy wth. her Royal Approbation. We are
very sensible of thy concurrant endeavours with ours
to reunite us with the Three Lower Countys, and that
nothing of that is justly chargeable upon any but them-
selves, as our late answer to their proposalls for a
reunion will sufficiently prove. And we are also well
assured that the due regulation of the Legislative power
is of so great importance to our safety and happyness
that wee shall make it our care to settle the same so
farr as wee are capeable. But forasmuch as thou
hast been pleased to press us to the dispatch thereof
and to acquaint us that our Proprietor hath effectually
done his part towards our happy establishment, wch.
wee woud willingly hope has been in procuring the
Queen's Royall sanction to our Laws, which wee humbly
desire may be communicated unto us, to the end our
present service may be made the more easy, and that
we may proceed with the greater alacrity, hoping thou
wilt be ready to concur in what may be proposed for
that end in relation to each particular interest con-
cerned. As for the expectation of our presenting the
Queen with the sum mentioned in the late King's letter
we refer to the former Assembly's answer, wch. wee
hope the Proprietor has so represented at home, that
wee shall not be justly blamed for not raising money
at this time for that service, since wee have our own
back settlements to secure, and our Friend Indians to
ingage. The Proprietor's expectations has been under
our serious considerations ; and as wee hope the people
of this Province have not been wanting in giving ample
testimonys of their affections to him on divers occasions
of late, so wee shall still continue thankfully to acknow-
ledge his and thy care of us and of our just rights and
priviledges, the continuance of which will the better
enable us to approve ourselves to the Ministry at home,
and also to remove the weight and burthen that may
be so heavy upon our Proprietor so far as it concerns
the good and advantage of the People of this Province.
We assure thee of our sincere affection to thyself, ancf
intend to proceed with all diligence to the despatch
of the other business of this Session, intending carefully
to avoid passing any votes which may in the worst
sence have a tendency to reflect on the Lower Counties
on acct. of their separation from us, and heartily wish
them all happyness under thy administration in the
circumstances and condition the Queen has been pleased
to put them, and shall be ready when a fitt expedient
is found to reunite, and in the meantime shall use our
endeavours to preserve amity and friendship with
them as our friends and neighbours, united by common
AMERICA AND WEST INDIES. 153
1704.
interest, tho disjunct in legislation. Signed, David
Lloyd, Speaker. Copy. I p. [C.O. 5, 1262. Nos. 83,
83.i.-vi. ; and (without enclosures) 5, 1291. pp. 50-54.]
May 31. 360. Lt. Governor Bennett to the Council of Trade and
Bermuda. Plantations. Presuming I do not now suffer in your Lordships'
opinions in the affair about Mr. Larkin, I venture to supplicate
your Lordships on my behalf, relating to the petition my brother
now lays before you, that H.M. may grant me a Commission for
Capt. Sandys his Company (he being dead). I have constantly
supplied the officers and soldiers, tho money has not been duly
returned, and I have always been 6 months out of pockett, and
now its near a year, for I have not received any subsistence for
the Company since June 25 last, and to support the men (for
there is no such thing as credit, for them people are generally
soe poor) I have borrowed 400Z. for which I pay interest, which
is very hard considering I have noe manner of advantage by
the Company etc. Signed, Ben. Bennett. Endorsed, Reed.
Read July 18, 1704. Holograph. 2 pp. [C.O. 37, 6. No. 16 ; and
38, 6. pp. 46, 47.]
May 31. 361. Governor Nicholson to the Council of Trade and
Plantations. I received yours of July 29, and return my hearty
thanks for all your continued favours to me etc. I gave
S. Tompson a Commission pursuant to H.M. Order, and shall
give him encouragement according to your letter of Aug. 10.
I transmit the Journals of Council and Assembly herewith.
I'm heartily sorry that H.M. commands about New York could
not be complied with, but I should fail in my duty to H.M. and
your Lordships, if I did not humbly represent the general aversion
there is against supplying H.M. Province of New York from
hence, either with men or moneys, but more particularly at this
time, for a great many of ye inhabitants have very bad accounts
from England of their tobaccos, and ye Merchants write them
yt. they are rather like to have worse than better. And here
hath been a bad spring for ye plants, and except, please God,
there comes some seasonable weather next moneth and ye
beginning of July, there will be but indifferent crops : and here
will be 4 or 5,000 hhds. of tobacco left and but one Bristol ship
in York River. Here is a scarcity of goods, and they will be
much wanted next winter, except supplies come from England.
I am heartily sorry yt. ye merchants can't agree there about
sending ye Fleets hither. And I'm fearfull that some will
endeavour to hinder ye Fleets coming hither ye next Fall, or early
in ye Spring : and if they should succeed therein, it will be very
prejudicial to H.M. interest and service here. Refers to
proceedings of Assembly in relation to trade. And I hope in God
that what I have done therein, as likewise concerning H.M.S.
Drednought and Fowey etc. will not be displeasing to your
Lordships. I most humbly propose that H.M. would please
to suspend her royal commands about ye assistance to be given
to New York till, please God, the people have better accounts
154
COLONIAL PAPERS.
1704.
of their affairs : for my own part according to my duty, I shal
be most ready to serve H.M. not only in yt. affair, but in all
others with my life and fortune. Mat hew Page dying, and
there yn. being but 8 of the Council in ye Country, I appointed
John Smith, and beg your Lordships to move H.M. yt. he may
be continued. I propose that John Lewis may be ye next.
I begin now to look for Mr. Secretary Jennings, with your com-
mands. I could heartily wish yt he was arrived in a man of
war to attend this Government ; for we shall have never a man of
war within ye Capes after ye Fleet is sailed etc. I thank God that
this H.M. Colony is in peace and quietness. Signed, Fr. Nichol-
son. Endorsed, Read 9th, Reed. 23rd Aug., 1704. If pp.
Enclosed,
361. i. Address of the Governor, Council and Burgesses of
Virginia to the Queen, 1704. Loyal Address, thanking
H.M. for " bestowing her royall picture upon this
poor Colony," etc., etc. 55 signatures. Endorsed, Reed.
Aug. 9, 1704. 1 p.
361. ii. List of tithables of Virginia, 1704. Totals, Tithables,
26,928. Pds. of tobacco, 228,882. Signed, Wm.
Randolph, jr., Endorsed, Reed. Aug. 9, 1704. f p.
361. iii. List of Patents for land granted in April General
Court, Virginia, 1704.
County.
Essex
Elizabeth City
Charles City
New Kent
Gloucester
Essex
Nansemond
King William
Nansemond
King William
New Kent
York
Charles City
Nansemond
King and Queen
King and Queen
Gloucester
Grantee.
Andrew Harrison
Tho. Poole
Robert West *;;'
Francis Clark
Robert Porteus
Andrew Harrison,
John May
Tho. Tinsley
Thomas Tinsley. .
Wm. Scott
Edward Merrick
John Ridsdaile . .
John Cook
Wm. Lowry
Wm. Johnson . .
John Coleman . .
Robert Brookes
Tho. Gregson
Christopher Gewin
Edmund Smith
James Doughty . .
Wm. Bassett . .
Geo. Lovell
Wm. Pattison . .
Robert Mumford
Lewis Conner
Edward Lewis . .
Robert Dowglass
Anne Forrest
etc.
Acres.
1,100
474
298
282
692
813
191
1,400
1,000
156
1,014
92
47
1,044
550
1,200
650
37
900
150
308
1,000
1,100
300
50
90
400
150
200
AMERICA AND WEST INDIES. 155
1704.
County. Grantee. Acres.
New Kent . . Evan Jones . . . . 472
Gloucester . . Wm. Collawns . . . . 62
.. Wm. Thornton .. .. 110
. . Dunkin Bohannon . . 145
. . James Ranson . . . . 40
New Kent . . David Clarkson . . 100
. . Tho. Butts . . . . 296
Charles City . . Joan Liscomb . . . . 432
Essex . . . . Clara Robinson . . 860
. . . . Benj. Robinson . . 655
Endorsed as preceding. 1 p.
361. iv. Mr. Auditor Byrd's Account of the Quit-Rents, 1703.
Total, 5,978Z. 16s. 2d. Endorsed as preceding. 2 pp.
361. v. Mr. Auditor Byrd's Account of the 2s. per hhd., Oct. 25
1703 April 25, 1704. Total, 2,2Wl. 5s. 8%d. Endorsed
as preceding. 2 pp.
361. vi. Mr. Treasurer Robert Carter's acct. of the Imposition
on liquors, servants and slaves. April 28, 1704.
Endorsed as preceding. 2 pp.
361. vii. Mr. Carter's Account of H.M. Revenue, 1703. By cash
paid on warrants for salaries etc. + balance, 334Z. 10s. 3d.
=2,0311. 4s. 9Jd. By Liquor Duty, 966Z. 17s. 2d., and
duty on servants and slaves, 329Z. 3s: l^d. ; balance
brought forward, 741Z. 4s. 6d.=2,037/. 4s. 9J& Endorsed
as preceding. 2 pp.
361. viii. Transcript of the proceedings of Assembly of Virginia in
relation to trade, April, 1 704. Endorsed as preceding. 5 pp.
361. ix. Transcript of letters, Orders of Council etc. relating
to H.M.S. Dreadnought and Fowey. Endorsed as
preceding. 15 pp. [C.O. 5, 1314. Nos. 21, 21.i.-ix. ;
and (without enclosures) 5, 1361. pp. 8-16.]
May 31. 362. Governor Nicholson to [the Earl of Nottingham ?].
Your Lordship's letter of July 22 I had not the honor to receive
till ye latter end of March last, because Capt. Evans, Commander
of H.M.S. Dreadnought did not arrive here before yt. time, having
been forced to Barbados. Your Lordship may be assured that
I will bot[A] chearfully and punctually obey H.M. commands
concerning ye Captains of H.M. men of war, by using of you
with all civility etc., and I hope that none of you can justly accuse
me of doing otherwise. Capt. James Moody may have reported
other ways, but I appeal to ye Journals of ye Council, and I
think yt. several of his actions here were arbitrary and illegal.
And I now send to our Agent Mr. John Thraile copys of papers
which can prove ym. Encloses Journals of Council etc. Signed,
Fr. Nicholson. Enclosed,
362. i. Governor Nicholson to the Council of Trade and
Plantations. May 31. Duplicate of following. 2 pp.
362. ii. List of Laws, Journals etc. sent by Sir Thomas Lawrence,
Bart., to the Secretary of State, f p.
156
COLONIAL PAPERS.
1704.
362. iii. List of Acts of Virginia, passed April, 1704. 1 p.
362. iv. List of enclosures, Acts, Minutes of Council etc. sent
to Lord Nottingham. 1 p. [C.O. 5, 720. Nos. 1, 1.L-
iv.]
May 31. 363. Copy of proposals made to Governor Seymour by
Annapolis. Andrew Tonnard, Shipwright, for supplying H.M. Navy with
timber from Maryland and for erecting a yard for building ships
of war etc. in the River of Pattuxent, at 4/. per tun, the price in
England being 11. or more. All the workmen to be employed must
be sent from England etc. Subscribed, 1 refer these proposals
to Sir T. Lawrence that he may lay it before H.R.H. and the
Council of Trade and Plantations. Signed, Jo. Seymour.
Endorsed, Reed. Read Aug. 18, 1704. 4J pp. [C.O. 5, 715.
No. 79.]
May 31. 364. Council of Trade and Plantations to Mr. Secretary
Whitehall. Hedges. Enclosing draughts of letters to Governors, which,
according to directions from the Lord Treasurer, we have drawn
up for the better securing H.M. and the Lord High Admiral's
shares of prizes in the Plantations, for H.M. signature.
Annexed,
364. i. Drafts of Letters to Governors. Begins as Feb. 16
Concludes : " And we further charge and command
you that you cause due care to be taken that all Com-
manders of our ships to [? do] deliver up the Prizes
by them taken and brought into any Port within your
Government into the possession of such Officers for
Prizes as are properly appointed and authorized to
take charge of the same, and that all persons be required
to be aiding and assisting to the said Prize Officers
in preventing embezzlements and recovering of prize
goods, which may happen to be embezelled and concealed,
as well as in the execution of all orders to them directed,
in relation to prizes by any Court of Admiralty legally
established by our High Admiral in our sd. Plantations."
[C.O. 324, 8. pp. 450-450.6.]
May 31. 365. Circular Letter from the Queen to the several Proprietary
Governments in America [sent to Mr. Secretary Hedges, May 31].
Whereas complaints have been made to us of abuses in the Courts
of Admiralty in the Plantations, and of irregularities in the
disposition of prizes brought into our said Plantations by our
ships of war, privateers or others with letters of marque. For
prevention whereof we strictly charge and require you, that
you take care as far as in you lyes, that all persons whatsoever
within our
be obedient to such orders and
Province
instructions as shall be received from time to time from our
High Admiral, and that the'y be aiding and assisting to our
Offi cers, and the Officers appointed by our High Admirall in the
recovery of our dues, as also of those of our High Admirall
AMERICA AND WEST INDIES.
157
1704.
in cases of prizes and Admiralty Causes according to our
declaration for the encouragement of our ships of war and
privateers, and for maintaining the rights of our Admiralty.
And whereas our further pleasure is, that all Commanders of
our ships do deliver up the prizes by them taken and brought
to any Port within our said Colony [Province] of into
the possession of such Officers for Prizes as are properly appointed
and authorized by us to the charge of the same, we do hereby
require all persons within that our said Pr ^ e to be aiding
and assisting to the said Officers, in preventing embezelments
and recovering of prize goods, which may happen to be embezeld
and concealed, as well as in the execution of all orders to them
directed, in relation to prizes by any Court of Admiralty legally
established by our High Admirall in our said Plantations. [C.O.
5, 1291. pp. 37-39.]
[June 1.] 366. Mr. Hyde to the Council of Trade and Plantations.
Provost Marshal General of Jamaica, he prays the assistance of
the Board in the recovery of his dues from his deputies there.
Signed, Edward Hyde. Endorsed, Reed. Read June 1, 1704.
| p. [C.O. 137, 6. No. 49.]
June 2.
Whitehall.
367. Sir C. Hedges to the Council of Trade and Plantations.
H.M. desires your opinion which way a premium for encouraging
merchants to begin a trade for pitch, tarr etc., may be advanced
with the least burthen to the Publick, the raising of the duty on
the Suedes or other Forrainers being a dangerous experiment
at this time, when it is so difficult to gett any Navall Stores.
Signed, C. Hedges. Endorsed, Reed. Read June 9, 1704. 1 p.
[C.O. 5, 863. No. 97 ; and 5, 911. p. 338.]
June -f\. 368. Governor Sir Wm. Mathew to the Council of Trade and
Madeiras. Plantations. I am proceeded thus far on my voyage and continue
it on to-morrow, no accident has hapened since wee left Sir
Cloudesly Shovell etc. Signed, Wil. Mathew. Endorsed, Reed.
Read Oct. 3, 1704. Holograph. 1 p. [C.O. 152, 5. No. 72 ;
and 153, 9. p. 41.]
June 3. 369. Mr. Secretary Hedges to the Council of Trade and
Whitehall. Plantations. Enclosing abstract from letter from one come
lately from St. Malo, where he has observed that intelligences
from letters taken upon H.M. subjects who are made prisoners
and brought from the West Indies may be of dangerous
consequence to H.M. Plantations. It is H.M. pleasure that you
should think of a remedy for that inconvenience, and what may
fitly be done to prevent letters from the West Indies from falling
into the enemies' hands. Signed, C. Hedges. Endorsed, Reed.
Read June 9. 1 p. Enclosed,
369. i. Abstract from letter referred to in preceding, f p.
[C.O. 323, 5. Nos. 52, 52.i. ; and 324, 8. pp. 451-453.]
158 COLONIAL PAPERS.
1704.
June 6. 370. Governor Nicholson to the Council of Trade and
n Ms rd Pl ar ^ a tions. I have received enclosed letter from Mr. Moor etc.
Dreadnought ^ ee May 23.] Inclosed is a list of the fleet, being those that
in Linhaven have received sailing Instructions from the Commodore, but I
near believe there may be more, for some masters neglect to take
!nry ' sailing orders. By the Commanders that are come down from
Maryland, I have an account that there are 8 or 9 of their ships
left behind. The Commanders are very much concerned that
the two men of war designed as an additional convoy are not
come in etc. Signed, Fr. Nicholson. Endorsed, Reed. 9, Read
23, Aug. 1704. 1 p. Enclosed,
370. i. List of ships under convoy from Virginia to England.
June 1, 1704. Totals, Ships, 127, Burthen, 21,797
(tons), guns 938, men 1985. 2 large pp.
370. ii. Line of Battle of above fleet. Endorsed, Reed. Aug.
9, 1704. 1 p.
370. iii. Sailing Instructions of above fleet. Same endorsement.
I p.
370. iv. Another copy of No. ii with slight variations. [C.O. 5,
1314. Nos. 22, 22.i-iv ; and (without enclosures) 5, 1361.
pp. 16-19.]
June 7. 371 . Dr. Blair to the Council of Trade and Plantations.
In compliance with your Lordships' directions I give some instances
of those things which were more generally charged against
Governor Nicholson. (1) Acting without advice of Council in
matters of the greatest moment. I find 3 Naval Officers
nominated by him since I came last upon the Council, all without
advice of Council, Hancock Custis, Gawin Corbin and Major
Arthur Allen ; Capt. Nath. Harrison being removed to make
way for the latter, without fault alledg'd or advice of Council.
Refers to warrants said in the Council Book to be signed by the
Governor in Council, but they were not read to the Council.
Examples of Justices of Peace, Sheriffs, Militia Officers etc.
turned out by the Governor without advice of Council were Col.
Nasworthy, Dr. Luke Havill, Major Thomas Swan, and Capt.
Henry Jenkins of the Court of Nanzemond ; John Walker, Sherriff
of King and Queen County, and Daniel Sullivan, John Taylor
and Robert Beverley, Clerks. That the practice was otherwise
formerly may be seen by the Minutes of Council. Examples of
nomination of Agents for the Country paid out of the Revenue
without advice of Council are, Mr. Thrale, and Mr. Wright. Many
Proclamations, for instance one concerning land on Pamunkey
Neck, were published without advice of Council. The Governor
also countermanded on his own authority an order by himself
and Council throwing open the Blackwater land.
(2) Instances given of the Governor signing papers in Council
without having communicated them. (5) Altering the minutes
etc. e.g. May 9, 1699, concerning a proclamation about the
Blackwater lands, quite contrary to the unanimous opinion of
the Council. No notice is taken that the Council refused Mr.
Thrale for Agent. Mr. Wallace's answer, which he gave in
AMERICA AND WEST INDIES. 159
1704.
writing, is not there set down, but another very different from it.
My Lord Cornbury's receipt for the 900Z. bills is ordered to be put
upon the Council Book, but nowhere appears ; if it had, it would
have been seen that my Lord Cornbury was not to make use of
them, unless the Queen should first allow the Governor the money
out of the Quitrents of Virginia etc. (6) His encroaching on the
liberties of the Upper House of Assembly, is instanced by his
continually presiding in that House, by sending answers of his
own to the messages of the Burgesses to the Council ; and brow-
beating and threatening members with ruin and cutting of their
throats, if they vote not as he would have them ; e.g. Col.
Lightfoot, not to mention the Speaker and six or seven clerks
in 1700. (7) Obstructing the course of Law. Instance the
case of John Danzy. He grossly abused him, upbraiding him
with his country, for he was a German naturalized, and threw
out his business in passion without asking any advice of the rest
of the Court. Case of Capt. James Bray. The Governor pleaded
against him from the Bench, and flew into great heats and passions.
In case between Swan and Wilson, he did so grossly abuse Benj.
Harrison, Counsel for Swan, that everybody cried shame of it etc.
(8) The Sherriff to whom orders was given about packing a Grand
Jury was Henry Tyler ; one of the persons struck out was John
Walker ; the fine I mention to have been remitted was to Major
Waller. The Naval Officer's place was given to Major Allen
Foreman taken from Capt. Nath. Harrison. (9) Instances of
arbitrary commands to attend him : Mr. Wallace, and Major
Swan ; Col. Ludwell and myself have been very often sent for
only to be scolded at and abused. (10) Calling Courts to enquire
into the lives of such men as he intends to expose or ruin, when
there is no accusation or accuser. Instances : a Court called at
Kiquotan against Capt. Moody and Mr. Wallace, and another at
Nanzemond against Major Swan, a third at King and Queen
against Capt. Walker. (11) Arbitrary and illegal proceedings
with relation to H.M. Attorneys. The ordinary Attorney who
refused his commands as illegal was Mr. Benj. Harrison ; the
Attorney that undertook them was Samuel Selden ; the Attorney
whom the Governor took by the collar was Bartholomew Fowler.
(12) Instances of his committing men to custody in his rage
without any complaint or complainant ; Capt. George Marable,
whom he committed to the custody of the Sherriff of
James City, made him give 500/. bail to answer it at the
next General Court, because he refused to part with his lease ;
Mr. Mathews and Mr. Mackie, whom he emprisoned among
pyrats in the Common Gaol, because they had been on board
of Capt. Baylyff's ship, who sailed for England before the
rest of the ships, who carry ed ye Governor's acct. of the
taking a pirate in that country. (13) Sundry cases of detaining
and opening private letters. (15) Dispensing with the Law.
He pardoned Anne Tandy, condemned for the murther of a
bastard child, etc. Signed, James Blair. Endorsed, Reed. Read
June 7, 1704. 5 large pp. double columns. [(7.0. 5, 1314,
No. 23.]
160
COLONIAL PAPERS.
1704.
June 7. 372. Affidavit of Robert Be verley. Gives particular instances,
partly as preceding, in support of his affidavit concerning the
maladministration of Governor Nicholson. Signed, R. Be verley.
3 pp. [C.O. 5. 1314. No. 24.]
[June 7.] 373. Abstract of letters from Mr. Jackson, Minister at New-
foundland, showing the uncertainty of his salary and suggesting
how it may be better paid. Endorsed, Communicated to the
Board by the Bishop of London. Reed. Read June 7, 1704.
2 pp. [C.O. 194, 3. No. 23.]
[June 7.] 374. Copy of proceedings of the Governor and Council of
the Massachusetts Bay upon a petition relating to the Act for the
settlement and support of Ministers, and an account of the
distraining for a town rate therefor upon William Vesey etc.
[See Minutes of Council of the Massachusetts Bay Oct. 21st, 28th,
1703.] Endorsed, Communicated to the Board by the Bp. of
London. 4 pp. [C.O. 5, 863. No. 100.]
June 8.
Barbados.
June 9.
Whitehall.
June 9.
June 9.
Admiralty
Office.
375. A. Skene to W. Popple. Encloses duplicates and
Naval Officers' Accts. I have not heard anything from Mr.
Holder of the paper, of which I am in great want etc. Signed,
A. Skene. Endorsed, Reed. Read Nov. 13, . 1704. Addressed.
Postmark. 1 p. [C.O. 28, 7. No. 34 ; and 29, 9. p. 86.]
376. W. Popple to J. Burchett. Mr. Jackson, the Minister
at Newfoundland, having complained of the treatment he had
met with from the former officers and soldiers, and even from
some of the inhabitants there, the Council of Trade and Plantations
desire you to move H.R.H. Council that the Commodore may
have an Instruction that he give all encouragement to the said
Minister, and that he give directions to the officers, soldiers
and inhabitants to live amicably with him, that he be not abused
as formerly he has been. Enquires when the Newfoundland
convoy and Virginia guardship will sail. [C.O. 195, 3. p. 331.]
377. Mr. Thurston to Mr. Popple. The convoy for Newfound-
land is expected in the Downs to-day, and to proceed on her
voyage. If this be the case I fear no money will be remitted this
year, though ordered last Tuesday by the Lord High Treasurer etc.
The provisions and cloaths are on board, and the money in lieu of
malt and hops ready to be sent. Signed, J. Thurston. Endorsed,
Reed. Read June 9, 1704. Addressed. 1 p. [C.O. 194, 3.
No. 24 ; and 195, 3. p. 333.]
378. Josiah Burchett to William Popple. In answer to
preceding, H.R.H. will give orders to the Commander in Cheif
of H.M. ships at Newfoundland, to give encouragement to Mr.
Jackson the Minister there, according as is desired in your said
letter, which orders will be sent by the Coventry now in the Dowries,
she being under orders to sayle from thence to Newfound Land
and to call at the Westerne Ports as she gose out of the Channell,
AMERICA AND WEST INDIES. 161
1704.
if there be any ships there bound her way. The Strombolo is
fitting out at Deptford in order to proceed to Virginia, but 'tis
uncertaine yet when she wilbe ready. Signed, J. Burchett.
Endorsed, Reed. Read June 12, 1704. Addressed, 1 p. [C.O.
194, 3. No. 25 ; and 195, 3. p. 332.]
[June 10.] 379. Mr. Byerley's Journal of transactions relating to the
seizure of the Eagle galley, not taken notice of in the Acts of the
Court of Admiralty, New York. On March 22 I made a seizure
of the Eagle galley, Capt. John Davison, Commander, and had
H.E.'s approval, it appearing that there was no proof that great
part of Europian goods imported were shipped in England ; that
divers other Europian goods were not directly brought from
England hither but were shipped from the Madera Islands ;
that several pipes of Canary wines, Europian produce, were im-
ported in breach of the Act of 15 Charles II ; that the ship was
navigated with 42 sailors though but 30 reported, 10 whereof
were Scotch non-residents in England, 7 Dutch and 1 Spaniard,
in the whole 18 forreiners, whereas there ought to be by all the
Laws of Trade at least three fourths of the mariners English ;
her master could not produce any certificate to prove that the
ship was registered in England or elsewhere, and had not given
in a true invoice of her loading to the Naval Officer, but had
concealed divers French and Europian goods to the value of
about 700?. On the 24th, having intelligence that Col. Wenham,
one of H.M. Council, and the merchant to whom the galley and
her cargo was consigned, designed to petition H.E. in Council
concerning the said seizure, I waited on H.E. with some proposals
in case security should be offered for the ship and cargo ; that
Col. Wenham should give very good security besides his own
for the goods, that he keep a true account of the goods imported,
sell them to the best advantage, account for them upon oath if
required, pay the money arising thereby to the Collector, if the
ship and goods be condemned, and that if he desired to proceed
on any voyage, with the ship, that a true value be put on her and
her rigging, and another obligation be given for the same if
condemned. I offered to attend in Council, but H.E. said he
only intended to hear what Col. Wenham had to offer, but would
give no directions till he had discourst me about itt. Betwixt
2 and 3 o'clock Col. Wenham brought me an order in my Lord's
own hand to take the seizure off all the goods, except the Canary
wines and the ship, for which Col. Wenham must give security.
I waited on H.E. to offer my reasons why the seizure ought not
to be taken off, seeing that the master had violated most of the
Acts of Trade. H.E. told me that he was the only judge of
that, that he understood the Laws of Trade as well as any Lawyer
in the Province ; that he was my Governor, his orders were
rsitive, and if I disobeyed them, itt should be att my perill etc.
accordingly obeyed. March 27. Having had further
intelligence of several particular breaches, I put in an Information
into the Court of Admiralty and presented a memorial to H.E.
He asked to see my Instructions, and said they consisted generly
wt. 2710 C ii
162 COLONIAL PAPERS.
1704.
of the Laws of Trade and that he understood them as well as
anybody. I told him I could not see how to avoid trying the
ship in the Court of Admiralty. He answered that he being
Governor would not permit any Court to sit but when he appointed
itt. I told him that having put in an information against the
ship and goods I was become accountable for them to the Queen,
soe I thought it my obligation to make a second seisure. He
told me that if I did, he would order it to be taken off. March 29.
I went with my officers to Col. Wenham's and made a second seisure
on all the goods imported in the Eagle galley, and sent for Carts
to remove them to the Custom house ; but H.E. summoned
me to attend him at the Fort, and whilst I was gone Col. Wenham
turned my officers out of his house. I found my Lord in very
great heat against me, and told me he would acquaint the Queen
that I refused to obey his orders, and sent me an order in writing
by Col. Wenham to take off the seisure. I answered that I could
not comply, unless Col. Wenham gave in security for all the goods,
that if condemned, he would be accountable for their produce.
March 29. Col. Wenham showed me H.E. order to Capt. Tottle,
Mr. Anderson, Capt. Corbett and Capt. Lurting to make a
valuation of the Canary wines, the Eagle and her tackle. April 3.
I waited on Roger Mompesson, Judge of the Admiralty Court,
arrived from Philadelphia, to know when he would hold a Court.
He answered he would consult my Lord. April 6. I had notice
that an advertisement was put up in the public Coffee-house
that several sorts of Europian goods imported in the Eagle were
to be sold at publick vandue. April 8. The Judge appointed
to hold a Court of Admiralty in the City Hall at 4 p.m., when
Counsel argued, and at last the Court admitted Sir Jeffery Jefferys
Deft. Col. Thomas Wenham stipulated in 301. to pay what costs
the Court should award. April 14. The Court upon affidavit made
by Capt. John Davison that they had several material evidences
in England to make their defence, desired time to produce them,
upon which the Court allowed them 12 months' time, giving
in sufficient security for the Canary wines, ship, guns and tackle,
and appointed Capt. Tottle and Mr. Anderson to appraise the
same. I waited on H.E. and informed him that the Europian
dry goods were still unad judged, and desired that there might
be sufficient security given in for them, if they should be
condemned. He tokT me he had adjudged them himself and
taken the security he thought fit. t I represented that by the
several Acts of Parliament I was invested with a third part of
the forfeiture, if the ship should be condemned, and that no
security appeared to me for my part ; he told me it was sufficient
he had told me. had taken security, that he did not think it
convenient to let me know what it was, or how it was, that I
had opposed his orders and carried the matter as far as I could,
but I should know he was my Governor. In the afternoon the
Court sat and agreed on the form of the Bond, which Col. Wenham
and Col. Peter Schuyler signed. April 15. Then we moved
for a Commission to examine witnesses on interrogatories, which
was allowed us by the Court to Mathew Ling and Capt. Cholwell,
AMERICA AND WEST INDIES. 163
1704.
Commissioners, and John Tuder Examiner. April 19. Mr. Tuder,
Register of the Admiralty Court, brought me the record of the
proceedings in this tryall, in the latter part of which the Judge
orders the seizure to be taken off the Canary wines, ship etc.,
so I sent my officers on board to take off the seizure, and search
the ship if any goods remained on board, where they found a
trunk with French lustrings and allamods, which were not
mentioned in the report gave into ye Navall Officer by ye Master,
tho' inserted in the entry Col. Wenham made in the Custom
House, valued in 362Z. 3s. 5d., and a bale of strouds which had
been opened on board, which according to my order they brought
to the Custom House. I acquainted H.E. therewith ; he told
me that the Council was to sit that day (April 20), and when
they were up he would consult Mr. Attorney General. April 21.
H.E. told me those were prize goods taken from the enemy and
brought into England by Capt. Richard Eaton, and sold at a public
sale in the Custom House, and there was a certificate of it from
the Collector in London, so ordered me to deliver up all the goods
I had in my possession, which I did. April 25. I went to the
Register of the Court of Admiralty for the Commission granted
by the Court to examine witnesses. He told me H.E. was not
satisfied that the Judge of the Admiralty had any power to depute
any person to administer an oath, or any other person in the
Province but himself, and that he would think of it before he
would grant it should be sealed. April 28. I went to ye Register
again for the Commission, and he told me had represented to
H.E. that the witnesses I had to examine were most of them
seafaring men, and might be gon out of the Province, if it was
not despatcht speedily, that his Lordship should answer he cared
not if they did goe, and since he was soe prest to it, he would
consider whether he would doe it, or noe. May 10. I again
required the Commission of the Register, and he told me that
H.E. would not permit it should be sealed. He always keeps
the Seal of the Admiralty in his possession, soe nothing can be
done without his free consent. Signed, Thorn. Byerley. lOf pp.
Enclosed,
'379. i. Proceedings at a Court of Admiralty, New York,
April 8th, in the case of the Eagle [see preceding}. 9 pp.
[(7.0. 5, 1084. Nos. 22, 22.1.]
June 10. 380. Lt. Governor Bennett to the Council of Trade and
Bermuda. Plantations. Repeats part of letter of April 20. I again transmit
the old Liquor Act with the Assembly's Depositions relating
thereunto. I have not received any letters since those of July 28,
and if any commands have been sent via Barbados, they are still
there, for we have not had one vessell that came directly from
thence above these six months, which is the reason my letters
have not been sent. I am told Capt. Nelson has or will complain
of my denying him writts of error, and about writts of scire facias,
(and to ease your Lordships from being troubled with what may
not happen) I have sent my brother a full state of both cases,
with copies of the writts, who will readily attend your Lordships
164 COLONIAL PAPERS.
1704.
when sent for. Jan. 11 and Aprill 20, I transmitted copys of the
tryals of Capt. Pulleyn's men. I again enclose copys of the
condemnation and sale of the St. Laivrence the Victorious, which
I have likewise transmitted to the Admiralty. Having received
an account that the dispute is over relating to the pretentions
of the Wreck Patentees to the French ship that was cast away
on the sholes of these Islands, I intended to send your Lordships
an account of every peice of rigging that was saved, and what
quantity of logwood was taken up by Divers, But expecting
my Secretary's arrival every day from England, I thought it
convenient to delay it, he taking an account of what was brought
on shoar, therefore can best swear to the Inventory. Herewith
are also transmitted what Acts have been made by the present
Assembly with their Journals, and copys are preparing of the
Journals of former Assembly s. By the Master of a vessell that
came from Exuma, I have an account that the Granville, Capt.
Holden Commander, was on May 4 rakeing salt there, and a
French privateer sloop came into the Road under English colours,
the ship fired at her and brought her too, but immediatly she
fill'd her sailes again, and hoisting English colours stood for
the ship, and upon boarding (after some small resistance) took
her. The ship had 16 guns and 50 men, the privateer had but
4 guns and 60 men : this ship was fitted out from England in
order to look for wrecks about the Bahama Islands, but being
disappointed in that project, went to Exuma to take in salt,
thereby to make a saving voyage. Not knowing att present
what further to acquaint your Lordships of, and the Captain of
the ship that brings this pressing for liberty to sail, I was goeing
to make up my pacquet, when a sloop arriv'd from Barbados
and brought me yours of Nov. 25, every particular in which I
will answer (and hope to satisfaction) by the pacquet-boat via
Barbados, but with great concerne I can't omitt observing I still
suffer in your Lordships' opinions. In it was enclosed H.M.
Order of Councill relating to H.M. the Lord High Admirall's
and the Captors' shares of prizes, in obedience to which I have
(as I did Aprill 20) transmitted an account of the vessell taken by
Capt. Ball, etc. Signed, Ben. Bennett. Endorsed, Reed. Read
July 18, 1704. Holograph. 3 pp. Enclosed,
380. i. Copy of the condemnation of the French prize, the
St. Lawrence the Victorious, Bermuda, Dec. 28, 1703.
Endorsed as preceding. 2J pp. [C.O. 37, 6. Nos. 17,
17.i. ; and (without enclosure) 38, 6. pp. 48-53.]
June 10. 381. Memorandum of Letter from Mr. Sansom about duties
on pitch and tarr etc. J p. [C.O. 323, 5. No. 57.]
[June 12.] 382. Paper entitled Part of Governor Nicholson's letter to
Micajah Perry, July 30, 1703. I have writt both to Mr. Povey
and Col. Blackistone, if they think fitt to give some guineys,
and to imploy persons that what the charge may be may call
upon you for it, and place to my account etc. Pray call on Mr.
Warr at my Lord Nottingham's and Mr. Tucker at Mr. Secretary
AMERICA AND WES* INDIES.
165
1704.
June 12.
June 12.
7 a clock
at night.
June 12.
Whitehall.
June 13.
Whitehall.
June 13.
Whitehall.
Hedges, and acquaint them that if they will be pleased to do
anything in my affairs, I have desired you not only to pay the
necessary charges, but also to gratify them. Pray if you find it in
the least necessary in this or other things to order ye Bishop of
London's Chaplain or Secretary what needfull, as likewise at
the Plantation Office, Admiralty, or any other office or person
that you shall think necessary to give mony or presents to.
Endorsed, Reed, from Robert Beverly. Endorsed, Reed. Read
June 12, 1704. 1 p. [C.O. 5, 1314. No. 25.]
383. Mr. Thurston to [? Mr. Popple]. I have not yet been
able to obtain payment of the money for the soldiers at
Newfoundland. Sailing orders will be dispatched to-morrow
at furthest. Deal being so very unlucky a place as not to admit
of any returns, a minute's delay may put it out of all power of
sending anything this year. The ordinary method of sending
the specie is by water by some of the Deal hookers ; that appears
so hazardous to me, as well as uncertain, that I propose it's going
by land rather with 2 horse granadiers to protect it. The
overcharge may well be borne out of the 50Z. contingent money.
Prays for the delay of the sailing orders. Signed, J. Thurston.
1J pp. [C.O. 194, 3. No. 26.]
384. Mr. Thurston to Mr. Popple. I have now received the
money referred to in preceding. Signed, J. Thurston. Endorsed,
Reed. Read June 12, 1704. 1 p. [C.O. 194, 3. No. 27 ; and
195, 3. p. 333.]
385. W. Popple, jr., to Josiah Burchet. Upon receiving
above, the Council of Trade and Plantations desire you to move
H.R.H. Council that sailing orders to the convoy for Newfoundland
be not sent till Thursday next. [C.O. 195, 3. p. 334.]
386. Sir C. Hedges to Governor Nicholson. It being now
more difficult than formerly to gett pitch, tarre and other Navall
Stores for the use of H.M. Fleet, it has been proposed to procure
such quantities of them as may be had in H.M. Plantations.
You are therefore to give your opinion what may be done in
Virginia in that particular. Signed, C. Hedges. [C.O. 324,
30. p. 6.]
387. Council of Trade and Plantations to the Queen. In
obedience to your Majesties order in Councill of March 9, upon
the Petition of Peter Vanbelle, relating to some negroes of his,
seized at St. Christophers, and condemned at a Court of Admiralty
at Nevis in May 1699, and praying that the Governour of the
Leeward Islands may be directed to transmit copies of the
Proceedings of the said Court of Admiralty in order to the hearing
of his Appeal before your Majesty in Councill, we have considered
the same. Quote opinion of the Attorney General. [See May 23.]
Whereupon we humbly offer that a letter be writ to Governor
Sir W. Mathew, directing him to enquire thereinto, and in case
<66 COLONIAL PAPERS.
1704.
he do finde the said Court was held by virtue of his late Majesties
Commission for the sentence given by the President and Councill
of Nevis as the Councill there, that then he transmit authentick
copies of the Proceedings of the said Court in the usual manner,
in order to the hearing of the Appeal before your Majesty in
Councill, whereof he is to give due notice to all parties concern 'd
in the Leeward Islands ; but if he finde that the said Court was
held by authority from the Admiralty, we are humbly of opinion
that the Petitioner be left to proceed as in cases belonging to
the Court of Admiralty. [(7.0. 153, 8. pp. 312-314.]
June 13. 388. Council of Trade and Plantations to the Queen. In
Whitehall, obedience to your Majesty's Order in Council of March 30, last,
upon the petition of six Members of Council of Virginia, we have
been several times attended by Mr. Commissary Blair and others
concern'd on that side, who have delivered to us severall papers
and affidavits in proof of their particular complaints, and we
have been attended by the Agent of Col. Nicholson, who having
made some reply to the said accusations desired to be referred
to such further answer as Col. Nicholson should make upon his
receiving the said affidavits and papers ; whereupon, tho' the
matters laid to Col. Nicholson's charge be of a high nature yet
we are humbly of opinion that it is for your Majesty's service
that such persons who have the honour to be commissioned by
your Majesty in the Government of your Plantations, may not
fall under your Majesty's displeasure before they be made
acquainted with the matter laid to their charge, and have an
opportunity of making their defence, and whereas the said Agent
is dead since our receiving the said papers, so that there is no
person here to appear in the Governor's behalf, we do therefore
most humbly offer that your Majesty direct that the Petition,
affidavits etc. be forthwith transmitted to such of your Majesty's
Councill, inhabitants of Virginia, as have not signed the
accusations, that they may communicate the same to Col.
Nicholson, in order to his makirig his defence, and that the said
Counsellors, or any three of them, may be directed and impowered
by letters under your Majesty's signet and sign manual, to receive
all testimonies and affidavits either for making good the
accusations against Col. Nicholson or tending to his vindication,
to be transmitted hither for your Majesty's final determination.
And that Col. Nicholson be strictly enjoyn'd by your Majesty's
letters not to overawe or discourage any persons whatsoever
by threats or otherwise from giving their testimony or evidence
in these matters. And that in case the proofs and evidencies
in this matter be such as shall make it appear necessary for Col.
Nicholson to come to England in order to his justification, your
Majesty give him leave to attend your Majesty accordingly,
and that a Commission be sent at the same time to Col. Seymour,
your Majesty's Governour of Maryland, constituting him
Commander in Chief of Virginia, for the taking care of that
Province in the absence of Col. Nicholson, or until your Majesty's
further pleasure be known. [C.O. 5, 1360. pp. 479-482.]
AMERICA AND WEST INDIES. 167
1704.
June 14. 389. Mr. Ingoldesby to the Earl of Nottingham. After 13
New York, weeks bad weather, I came to Virginia Jan. 9 in the Foway friggot,
having lost company with ye rest of ye fleet, ye Dreadnought,
wch. was our Commodore, on whom was Governor Seymor, was
forced to bare away for Barbados for want of water, and did not
arrive in Virginia until ye middle of April, but all in health. I
being taken ill of an ague and fever could not get to New York
until ye beginning of March. Lord Cornbury has been very
civill and kind to me, ordered my Commission for Lieut-Governor
to be published in Council ye next day after my arrival ; his
Lordship's great prudence and steddy conduct has almost
exstinguished ye divisions yt. were amongst ye inhabitants,
and is very much in ye esteeme of ye people, especially ye better
sort, who talk very kindly of his Lordship, and are willing to
use their uttermost endeavours to make him happy and easy
in his Govermt., ye debts contracted by his predecessor amounting
to at least 12,OOOZ. are a great subject matter of complaint, the
necessary things of the present warr and defence of the Province
makes a constant demand of fresh supply s from the People,
and the staple of ye country, ye manufactury of flower, being of
little value all this warr, a stop being put to ye consumption
thereof in ye Spanish West Indies, has much impoverished the
inhabitants. The Assembly are now sitting to provide for defence
of ye frontiers etc. As soon as it is up, H.E. designs for Albany
etc. I hope your Lordship will be pleased to get some sallary
settled upon me. I find the country very inclinable to do for me
[as for Capt. Nanfan] but they say that H.M. has ordered that
no present shall be made etc. Signed, Rich. Ingoldesby. Endorsed,
R. Aug. 11, 1704. 3 pp. [(7.0. 5, 1091. No. 9.]
June 14. 390. Council of Trade and Plantations to Mr. Secretary
Whitehall. Hedges. In answer to yours of 3rd inst., we take leave to acquaint
you that we did upon the first declaration of the warr give
directions to all the Governours of the Plantations that a weight
of lead be fastned to all their packets in order to be thrown
overboard in case of imminent danger from the enemy, which
we believe has been constantly observed ; and have had several
instances of it ; but as this complaint relates particularly to
Jamaica and to merchants' letters, we have consulted Sir G.
Heathcote and Sir B. Gracedieu, Agents, and other merchants
of that Island, who have promised to write to their friends that
they be very cautious in giving any account relating to the publick
state and condition of that Island, and that Masters of ships
bringing letters for Europe have directions from them to put
such letters in a bagg with a sufficient weight to sink the same
immediately in case of danger from the enemy, and we are likewise
writing to the several Governors of H.M. Plantations that they
take the necessary care herein not only for their own letters,
but for those also of the merchants and planters. And upon
this occasion they have further desired us to represent their
own fears and apprehensions of their correspondents, that this
important Island will be greatly indangered without a further
168 COLONIAL PAPERS.
1704.
naval strength and a recruit of land forces. [(7.0. 324, 8. pp.
452-454.]
June 15. 391. Order of Queen in Council. Governor Nicholson is to
Hampton return his answer to the complaints of the Six Members of Council
lrt * of Virginia [March 30], and to all the affidavits etc. presented to
the Council of Trade and Plantations relating thereto, copies
whereof they are forthwith to transmit unto him for that purpose.
Signed, John Povey. Endorsed, Eecd. Read June 16, 1704.
[C.O. 5, 1314. No. 26 ; and 5, 1360. p. 483.]
June 15. 392. Order of Queen in Council. Proclamation, this day
Hampton rea d and approved, for setling and ascertaining the current rates
of Forrain coynes in H.M. Colonys and Plantations in America,
ordered to be forthwith passed under the Great Seal and printed
and published ; the Lords Commissioners for Trade to cause
copies to be transmitted by the first conveyance to ye severall
Governors etc. Signed, John Povey. Endorsed, Reed. Read
June 23, 1704. 1 p. Enclosed,
392. i. Proclamation by the Queen, described in preceding.
We having had under our consideration the different
rates at which the same species of foreign coins do pass
in our several Colonies and Plantations in America,
and the inconveniencies thereof, by the indirect practice
of drawing the money from one Plantation to another,
to the great prejudice of the Trade of our subjects ;
and being sensible, that the same cannot be otherwise
remedied, than by reducing of all foreign coins to the
same current rate within all our Dominions in America,
and the Principal Officers of our Mint having laid before
us a table of the value of the several foreign coins which
usually pass in payments iii our said Plantations,
according to their weight, and the assays made of them
in our Mint, thereby shewing the just proportion which
each coin ought to have to the other, viz. Sevill pieces
of eight, old plate, 17 dwt. 12 grs., 4s. 6d. ; Sevill
pieces of eight, new plate, 14 dwt., 3s. 7Jd. ; Mexico
pieces of eight, 17 dwt. 12 grns., 4s. Qd. ; Pillar pieces of
eight, 17 dwt. 12 grns., 4s. 6fd. ; Peru pieces of eight,
old plate, 17 dwt. 12 grns., 4s. 5d. or thereabouts ;
Cross dollars, 18 dwt., 4s. 4f<#. ; duccatoons of Flanders,
20 dwt. 21 grns., 5s. 6d. ; ecus of France, or Silver
Lewis, 17 dwt. 12 grns., 4s. Qd. ; Crusadoes of Portugal,
11 dwt. 4 grns., 2s. 10 %d. ; 3 gilder pieces of Holland,
20 dwt. and 7 grns., 5s. 2Jd. ; Old Rix dollars of the
Empire, 18 dwt. 10 grns., 4s. Qd. ; the half quarters and
other parts in proportion to their denominations and
light pieces in proportion to their weight ; We have
therefore thought fit for remedying the said inconveniencies
by the advice of our Council, to publish and declare
that from and after Jan. 1st next, no Sevill, Pillar or
Mexico pieces of eight, though of the full weight of
AMERICA AND WEST INDIES. 169
1704.
17 J dwt., shall be accounted, received, taken or paid
within any of our said Colonies or Plantations, as well
those under Proprietors and Charters, as under our
immediate Commission and Government at above the
rate of 65. per piece of current money, for the discharge
of any contracts or bargains to be made after Jan. 1st,
the halfs, quarters and other lesser pieces of the same
coins to be accounted, received, taken, or paid in the
same proportion ; And the currency of all pieces of
eight of Peru, dollars, and other foreigne species of
silver coins, whether of the same or baser alloy, shall,
after Jan. 1st, stand regulated, according to their weight
and fineness, according and in proportion to the rate
before limited and set for the pieces of eight of Sevill,
Pillar and Mexico ; so that no foreign silver coin of
any sort be permitted to exceed the same proportion
upon any account whatsoever. And we do hereby
require and command all our Governours, Lieutenant -
Governours, Magistrates, Officers and all other our
good subjects, within our said Colonies and Plantations,
to observe and obey our directions herein, as they tender
our displeasure. Given at our Castle at Windsor,
June 18, 1704. God save the Queen. London. Printed
by Charles Bill etc. 1 large p. Printed. Black Letter.
[C.O. 323, 5. Nos. 58, 58.L ; and 324, 8. pp. 460-464.]
[June 16.] 393. Capt. Robt. Gardner to the Queen. In behalf of the
heir of the late Major General Selwyn. By an Act of Assembly
in the time Col. Beckford was Lieutenant Governor of Jamaica,
there was given to the said heir 2,0001. in consideration of the
great expense the said Major General was at in transporting
himself and family, as also the loss sustained by his death. The
said Act being limited in time is expired, by which means the
heir cannot receive the same, altho' the money is collected for
that end. Prays H.M. to direct payment. Subscribed,
393. i. Whitehall, June 16, 1704. H.M. refers above to the
Council of Trade and Plantations for their report.
Signed, C. Hedges. The whole endorsed, Reed. Read
June 20, 1704. 1 p. [C.O. 137, 6. Nos. 51, 51.i. ;
and 138, 11. pp. 276, 277.]
June 16. 394, Mr. Secretary Hedges to the Council of Trade and
Whitehall. Plantations. In reply to yours of June 14, I am commanded
by H.M. to signify her pleasure that you consider the present state
of Jamaica, and represent your opinion in what danger it is for
want of a greater Naval strength and land force, and what encrease
of both you judge may be needful for its security. Signed, C.
Hedges. Endorsed, Reed. Read June 20, 1704. 1J pp. [C.O. 138,
11. pp. 275, 276 ; and 137, 6. No. 50.]
June 16. 395, Mr. Bridger and others to the Council of Trade and
Plantations. To encourage the procuring of Naval Stores from
1?0 COLONIAL PAPERS.
1704.
the Plantations, propose that the importers receive 10s. per
barrel of pitch or tar etc. Signed, J. Bridger. Endorsed, Reed.
17, Read June 20, 1704. 1 p. [0.0. 5, 863. No. 101 ; and
5, 911. pp. 341, 342.]
June 17. 396. W. Partridge to the Council of Trade and Plantations.
Proposes to supply tar at 40s. a barrel, with an allowance besides
of 31. per tun for his encouragement etc. Signed, Wm. Partridge.
Endorsed, Reed. Read June 17, 1704. 1 p. [(7.0. 5, 863. No.
102 ; and 5, 911. pp. 339, 340.]
June 17. 397. Governor Handasyd to the Council of Trade and
St. Jago de Plantations. This country having been at great expense in
la Vega. k u y m g anc i fitting out two fireships by ye advice of Adml. Benbow
and Gov. Selwyn, with a promise from the first to use his
endeavours to have ym. mann'd, maintained and victualled on
H.M. account, they have been maintained and victualled
accordingly. But on the 5th, the enclosed letter was brought
to me, and the Council advised that the muster-master should
give me an account of the services of the officers and sailors
(enclosed). Prays that the Admiralty may order them to be paid
as others belonging to H.M. ships, here being no fund for answering
that charge, and this Island not able in time of war to bear that
great expense. Signed, Tho. Handasyd. Endorsed, Reed. 1st,
Read 3rd Nov., 1704. Addressed. 1 p. Enclosed,
397. i. Officers and Men of the Eagle Galley and Hermon
fireships to Governor Handasyd. Many of the seamen's
families are starving. Pray for payment of their two
years' service by the Island, and that their case be
represented to the Admiralty. Signed, L. Boys, Henry
Partington, Jno. Triggs, Jno. Shales. Port Royal.
June 5, 1704. Addressed. Sealed. 1 p.
397. ii. Account of the services of the crews of the Hermon and
Eagle Galley. Feb. 1702- June 1704. Signed, C[harles]
Hutchinson. 2 pp. [C.O. 137, 6. Nos. 52, 52.L, ii. ;
and (without enclosures) 138, 11. pp. 340-342.]
June 17. 398. Governor Lord Cornbury to the Council of Trade and
New York. Plantations. Deals at length with the accounts of Lord Bellomont.
Set out, New York Documents IV. pp. 1090-1099. Signed,
Cornbury. Endorsed, Reed. 8th, Read 22nd August, 1704. 6 large
closely written pp. Enclosed,
398. i. List of 28 papers relating to the accounts between Lord
Bellomont and the forces at New York, referred to in
preceding, and sent to Mr. Lowndes by order of the
Council of Trade and Plantations, Aug. 22. 9 pp.
398. ii. (a) A State of the respites of the Four Companies of
New York. March 1699-Dec. 1702. (b) A comparison
between the Establishment and the surplus number of
men kept by the Captains of the Four Companies.
2pp.
AMERICA AND WEST INDIES. 171
1704.
398. iii. Mr. Champante's Account of Off-reckonings of the
Forces at New York to Dec. 24, 170 J. 2 pp.
398. iv. An account of the off-reckonings, and of cloathing
provided by Lord Bellomont, 1697. 8 pp.
398. v. Account of sums paid by Lord Ranelagh to Mr.
Champante 1697-1702. 1 p.
398. vi. Account of the subsistance, clearings and off -reckonings
issued for the Four Companies during Lord Bellomont's
Government. 2 pp.
398. vii. Mr. Champante's Account, March 18-Dec. 24, 1701.
5 pp.
398. viii. An account of the contingencies of the Province of
New York for the years 1698-1699 and 1702-1703. 2 pp.
398. ix. Account of warrants issued by Lord Bellomont for
payment out of the public funds on account of the
Forces, 1698-1700. 2 pp.
398. x. Lord Bellomont's accounts of subsistance, clearings
and off-reckonings for the Forces with the Pay Office
in England, 1697-1701. 16 pp.
398. xi. Report of the Council of New York on the accounts
of Col. Peter Schuyler, April 13, 1703. 2J pp.
398. xii. Mr. Champante's account of the indebtedness of
Lord Bellomont's Company to him. 2 pp.
398. xiii. Account of money said by Mr* Champante to have
been paid to Capt. Nanfan's Company. 2 pp.
398. xiv. Mr. Champante's account of the indebtedness of
Col. Ingoldesby's Company to Lord Bellomont. 2 pp.
398. xv. Mr. Champante's account of the indebtedness of
Capt. Weem's Company to Lord Bellomont. 2 pp.
398. xvi. Account of Warrants issued by Lord Bellomont
out of the Revenue of New York for services done
during his Government, April 1698-1699. 6 large pp.
398. xvii. Account of same from May, 1702-1703. 8 large pp.
398. xviii. Copy of proceedings of all the actions depending
in the Supreme Court of New York, June, 1704.
Endorsed, Reed. Aug. 8, 1704. 11 pp. [C.O. 5, 1048.
Nos. 82, 82.L-xvui ; and (without enclosures) 5, 1120.
pp. 113-156.]
June 19. 399. Governor Handasyd to the Earl of Nottingham.
Jamaica. Acknowledges letters of July 22, 1703, and Feb. 5. 170| etc. I
have also your letter to Col. Dudley and Col. Quary, Feb. 9, and
letters from the Commissioners of the Victualling Office in
relation to provisions that should have been sent from New
England to Jamaica. Mr. Rowlandson I find is unjustly suspected
of having misemployed H.M. money or provisions hear, he hath
very hard justice done him by some who endeavour, as I suppose,
to get him out of his employment to advance some friends of
theirs, which is too much the evill practise in these parts,
have sent his accounts to the Victualling Office. Our fleet of
merchant ships arrived here May 6, under convoy of 3 men of
war, and in their passage took 2 French prizes, what was in them
172 COLONIAL PAPERS.
1704.
I am wholly a stranger to. Our fleet of merchant ships designs
from this under the convoy of two men of war July 10 or 12.
Our Assembly met April 11, and has past 3 bills, for the better
recovery of publick debts, to prohibit any quantity of gunpowder
being kept in Port Royal, and for raising money for a further
subsistance for H.M. Officers and Soldiers. As to the last, I most
heartily recommend to your Lordship the hardships that is put
upon both officers and soldiers, as alsoe debarring of us the
priviledge of Englishmen, not admitting us to sit in the Assembly,
although wee have estates in the country and are legally choisen,
they having noe other reason but because we are in H.M. service,
soe that I hope H.M. will not give it her Royal assent, I being
under necessity to lett it passe, the Quartering Act being soe
near expired. The Assembly has expelled Mr. Totterdaile, one
of there Members, for using disrespecfull words in the Assembly
house against H.M. Government, he has been a man that hath
mightily effected popularity in opposing all Goverments, and
was the first that brought in that scandalous president in the
last Assembly of '41 ; he is now out of the Assembly, and I hope
I shall have interest to keep him out, he having sowne the seed
of sedition in this Island since his first comeing hear, and still
continows the same, but I hope it will be noe more in his poure.
The Assembly upon there requiest is adjourned to Sept. 21, and
I shall endevour at their meeting to bring them into a better
temper to consider of everything that may tend to the honor of
H.M. Croun and dignity and the welfare of the manufactory
of Old England and this Island. There is two or three chips of
the old block hear that occasions a great daile of heats, but I
hope to catch them in there villany, as I have done the former.
The Island is at present pritty healthy. The Grand Court has
been sitting for these 16 days, but is now finished, and I hope
that Justice and Equity will be in fashion hear, although formerly
strange things hath happened. Returns thanks for appointment
as Governor. I design to send the French prisoners here to
England by the men of war, and to keep the Spanish prisoners
to get them changed for English. Signed, Tho. Handasyd.
Endorsed, R. Aug. 11, 1704. 3 pp. [C.O. 137, 51. No. 4.]
June 19. 400. Governor Handasyd to the Council of Trade and
Jamaica. Plantations. Acknowledges letter of Feb. 16 etc. Repeats parts
of preceding and following. As to Lord Nottingham's letter
relating to the good usage of the sea-officers in H.M. pay, I hope
none can say that I have not treated them like Gentlemen, altho'
some of them have not treated the Island as might have been
expected. Capt. Trahern died the 9th inst. We have had a very
great storm here, whereby H.M.S. Mermaid sprung her mainmast,
and broke her mizen-mast and lost her ruther, and was in very
great danger of being lost, but by God's help got into Carlisle Bay.
By chance there was a spare mast here, if not, she would have
been rendered useless for H.M. service. I hope your Lordships
will recommend to the Admiralty that there be spare masts sent
by the first opportunity for fear of any accidents that may happen.
AMERICA AND WEST INDIES. 173
1704.
As to the Spanish trade, I shall use my best endeavours that
everything be complyed with according to Lord Nottingham's
commands etc. As to Mr. Baber's petition, having understood
that H.M. had reserved for me here as Chancellor the probit of
wills, and innumerable trouble else that does attend as marriage
licenses, and am obliged every month to hold the Chancellor
Court, which cost me a great deal of money, being obliged to
entertain Gentlemen and strangers that comes to attend it, who
cannot well be otherwise taken care of in this place, and having
understood that there has been an understanding formerly between
the Governors and Secretaries here, and there being great
perquisites belonging to the Secretary, as for example, every
license that I am obliged to sign is \ls.Qd. by the Law, for the
proving of every will, 40 odd shillings, for every pass for ships
very considerable, all which goes through my hands, and being
obliged to give my constant attendance thereto, I thought it
very hard that I should not have been so well treated as others
have been formerly etc. I have a very numerous family, and
shall never desire in H.M. service to inrich myself, but only to
live like a Gentleman in the post that I am in, and give my children
the education that Gentlemen's children ought to have. I assure
your Lordships that I would keep a better table in England for
500Z. than here for 2,5001 ; I have neither had a farthing directly
nor indirectly from the Secretary of any of these perquisites,
but only told the Secretary's Deputy here to write to the Patentee
that I expected to be treated as other Governors had formerly
been, and not to be put to such vast expence and trouble upon
his account, but shall forbear saying anything about the matter
for the future, except your Lordships does approve of it etc.
Your Lordships has pleased to mention my being cautious
to pass any Act that may be prejudicial to H.M. prerogative.
I assure your Lordships no man has been more cautious, or has
faithfuller endeavoured to prevent anything in that nature than
I have. But as I have a headstrong people to deal withal, a
great many of which thinks themselves above both Law and
reason, and know how to tack Bills as well as in any place else,
but all due care imaginable shall be taken to prevent them. The
officers of the Regiments return thanks for your trouble in relation
to their petition. As to Mr. Cope, most of {the affairs in his
petition] happened before my coming, but I have caused them to
make new carriages for the guns that was defective, and a house
to be built which will preserve them from both wind and rain,
so that I hope nothing of the former neglect will be laid to my
charge etc. As to the adjourning, proroguing and dissolving
the Assembly, I shall faithfully endeavour to make it as easy
as I can, still preserving H.M. Royal Authority. The Island
has been very quiet and peaceable since the distroying of the
enemies ships, and taking so many of them prisoners, the private
men declaring they would not go with their officers to Jamaica,
there being nothing else but fire and smoak, in which opinion
I hope they will continue, that I may not be plagued with them
as I have been ; if they came like soldiers belonging to an army,
174
COLONIAL PAPERS.
1704.
June 19.
Jamaica.
June 20.
London.
June 21,
I could know better how to deal with them. Contrary to that,
they come like so many thiefs running into a creek or corner in
the night time, covering their canows and boats with boughs
and hiding themselves in the woods and rocks, till they can find
a fit opportunity to surprize the negroes and burn the plantations,
but I hope I shall prevent their doing much damage in that nature.
As to the Commissions given to the privateers, I have taken all
the care imaginable to give Commissions to such as had the
report to be honest men and would not do an ill thing, and made
them give in good security and severely tyed them up to their
Instructions. I have received two parcels of parchment and
paper and 3 books ; I have given the most part to the Secretary.
Signed, Tho. Handasyd. Endorsed, Reed. 5, Read 23rd Aug.
1704. 6 pp. [C.O. 137, 6. No. 54 ; and 138, 11. pp. 302-313.]
401. Governor Handasyd to the Council of Trade and
Plantations. The bearer of this is Capt. Jones, that had the
misfortune to loss H.M.S. Seahorse through the unskilfulness of
him that acted as Boatswain, who took upon him to pilate the
ship, but it seems he did not know the harbour soe well as he
did believe, but I am of that opinion that it was his earnestness
and zeal for the service, in performing of which he lost his life.
Capt. Jones is earnestly recommended to me by the Assembly,
but incaice they had not, I could not forebear to doe justice to
all brave men, as it appears he was, being resolved to sink with
H.M. ship rather then to submitt to the enemy on any terms,
which nothing could have prevented, but another of H.M. ships
being drove out of her station by stress of weather, and hearing
the gunns, came up to his assistance, as she was sinking, upon
which the enemy quit the hopes of there pretended prize, as
likewise their own vessell and landed with their men, arms etc.
[Repeats narrative of May 4.] Signed, Tho. Handasyd. Endorsed,
Reed. Read Dec. 19, 1704. Addressed. Sealed. 1 p. [C.O. 137,
6. No. 53 ; and 138, 11. pp. 353-356.]
402. Jeronimy Clifford to the Council of Trade and
Plantations. Mr. Shippard etc. have not yet finished my accounts.
Prays that they may be hastened. Signed, Jer. Clifford.
Endorsed, Reed. Read June 22, 1704. 2 pp. Enclosed,
402. i. Jer. Clifford to Samuel Shippard, Jacob Oosterland
and John Gardner. Prays for the dispatch of his
accounts. Copy. 1 p. [C.O. 388, 75. Nos. 91, 91.i. ;
and (without enclosure) 389, 36. pp. 193-196.]
403. Attorney General to [? the Earl of Limerick]. I am
of opinion [upon a case submitted of a Roman Catholic petitioning
for a grant of Crown land in New England] that a Roman Catholick
is not disabled to purchase lands in H.M. Plantations, the disabling
statute of 11 William III extending only to lands in England,
Wales and Berwick on Tweed. Signed, Edw. Northey. Endorsed,
Reed. Read June 22, 1704. Presented to the Board by the
Earl of Limerick. [C,0. 5, 863. No. 103 ; and 5, 911. p. 343.]
AMERICA AND WEST INDIES.
175
1704.
June 21. 404. Council of Trade and Plantations to the Queen. We
Whitehall, see no objection to the heir of Major-General Selwyn [see June 16
and Acts of P.C., II, p. 474] being allowed to receive the sum
voted by the Assembly of Jamaica. [(7.0. 138, 11. pp. 278,
279.]
June 21. 405. Table of the Weight and Intrinsic value of foreign
Mint Office, coins in England, with a computation for proportioning them
in the Plantations. [Embodied in Proclamation, No. 392.i.]
Signed, Is. Newton. Endorsed, Reed. Read June 23, 1704.
1 p. [(7.0. 323, 5. No. 59 ; and 324, 8. pp. 465, 466.]
June 22. 406. Governor Lord Cornbury to the Council of Trade
and Plantations. After having several times desired Captain
Nanfan to make up his accounts with the 4 Company s of Fuzileers,
after many delays he brought me an account stated by a Dutch-
man here, which had neither head nor tail. I told Mr. Nanfan
his accounts must be stated by way of debtor and creditor, but
it seems the persons he employed either could not or would not
understand that method, for he brought me two accounts after-
wards in no better a method than the first, so seeing there never
would be an end that way I ordered the accounts to be stated
as I have seen it done in England, under the heads of subsistance,
clearings and off reckonings according to the establishment and
muster rolls, and a copy to be given to Capt. Nanfan, af.ter he
had had it some time I laid another copy of that account before
the Councill, and desired them to consider it well, to send for
Capt. Nanfan and hear his objections, if any he had, and make
a report to me upon the whole matter, accordingly they did
make a report which I here send inclosed with the account above-
mentioned, which I hope will prove to your satisfaction. I am
sure if I had not taken this method, I should not have been able
to have sent over his accounts these three years. Deals at length
with Capt. Nanfan's Accounts. [Set out New York Documents, IV.,
pp. 1100-1103.] Signed, Cornbury. Endorsed, Reed. 8th, Read
22nd Aug., 1704. 3 large closely written pp. Enclosed,
406. i. List of papers relating to the accounts between
Capt. Nanfan and the Forces at New York. 4 pp.
ii. Capt. Nanfan's Account with the Four Companies.
2 pp.
iii. Capt. Nanfan's Account of money paid in England
and received by him. 3| pp.
iv. Capt. Nanfan's Account of Subsistence, clearings and
offreckonings of the Four companies, Dec., 1700-1701.
7 pp.
406. v. Capt. Nanfan's Account of subsistence of the Forces,
Dec., 1701 May 8, 1702. 1 p.
vi. Abstract of above accounts to May 8, 1702. 1 p.
vii. Deposition of E. Wilson, High Sherrif of New York,
that he arrested Capt. Nanfan on Oct. 2, 1702, on suit
of the Queen, and on his giving security to answer for
any sums he should be found indebted to the Crown,
406.
406.
406.
406.
406.
176
COLONIAL PAPERS.
1704.
June 22.
Whitehall.
June 22.
Whitehall.
June 22.
Whitehall.
June 22.
New York.
he was immediately discharged. He has since arrested
him on several suits for debt, in four of which (brought
by John Theobalds, Capt. James Weems, and William
Glencross) he hath given no bail and therefore remains
in custody. Signed, Ebenezer Willson. 1 p. [C.O. 5,
1048. Nos. 83, 83.i.-vii. ; and (without enclosures) 5,
1120. pp. 156-171.]
407. W. Popple to J. Clifford. Encloses following. [C.O.
389, 36. p. 197.]
408. W. Popple, jr., to Saml. Shepard, John Gardner etc.
The Council of Trade and Plantations desire you to despatch
your report on Mr. Clifford's accounts. [C.O. 389, 36. p. 197.]
409. Order of Queen in Council to Governor Nicholson.
Communicate Order of Council June 15 and papers referred to.
[C.O. 5, 1360. p. 484.]
410. Governor Lord Cornbury to the Earl of Nottingham.
Your letter of July 22 came to my hands April 23, the Dread-
nought having been driven into Barbados etc. I beg you to
assure H.M. that I will dilligently obey her commands to treat
the Captains of the men of war with all civillity etc. ; I hope
H.R.H. will command them to be careful in keeping their men,
for sometimes it falls heavy upon these Collonys by reason of
the desertion of the seamen, and it falls heavier upon this then
upon any other, because of the ill methods of our neighbours of
Connecticut and Rhode Island, who protect all deserters both
from the garrison here and from H.M. Ships, and will not let
us have them, though we shew them the men, now if a ship comes
into port and wants 40 men, the Queen having commanded me
to provide soe many men as any of her ships may want, the
Captain will have his full complement made up, this often
occasions our young men to run away, either into New Jersey
or Connecticut, and sometimes settle there, which is a great
losse to this Collony. etc. The French of Canada and their Indians
have done- a great deal of mischief upon the Eastern borders
of New England the last summer, last winter and this spring.
They cut off Deer field etc. owing to the negligence of the people,
who did not keep guard so carefully as they should have done,
though I had sent them notice a considerable time before that
the ennemy was preparing to attack them, the design of the
French was brought to my knowledge by some spys which I
have kept in the Indian country ever since the warr has been
declared, and they have proved very true to me, for they have
brought me word from time to time of all the preparations the
French have made, of which I have constantly given Col. Dudley
notice ; the ennemy have not yet attempted anything upon our
northern frontiers. I will take all the care I can to be in as good
a posture to receive them as possible ; though all manner of
AMERICA AND WEST INDIES. 177
1704.
stores of warr are very scarce with us, there having been none
sent since I came hither, soe that a great deale of the powder is
spoiled. I hope the Queen will order us a supply both of arms
and ammunition. I have acquainted the Merchants here with
H.M. favour granting them the liberty to trade to the Spanish
West Indies ; they are very sensible of H.M. great goodnesse
to them etc. Signed, Cornbury. Holograph. 4 pp. [C.O. 5,
1091. No. 10.]
June 23. 411. W. Popple, jr., to Mr. Lownds. The Council of Trade
Whitehall, and Plantations desire you to move my Lord Treasurer for 400
copies of H.M. Proclamation for ascertaining the rates of foreign
coins, to be transmitted to the Plantations by the West India
Packet Boat on Thursday. [C.O. 324, 8. pp. 456, 457.]
June 23. 41 2. Sir C. Hedges to Governor Dudley. You are to assist
Whitehall. Mr. John Taylor, he being under contract with the Navy Board
for importing masts from New England, and you are to take all
necessary care that they be not destroyed by the Indians, and
likewise to give your countenance and assistance to his Agents in
building a ship in New Hampshire, which he intends to employ
in that service. Signed, C. Hedges. [C.O. 324, 30. p. 6.]
June 23. 41 3. Council of Trade and Plantations to Mr. Secretary
Whitehall. Hedges. In pursuance of yours of June 2, requiring us to con-
sider of a premium to be allowed on importation of pitch and
tarr from the Plantations, we have discoursed with several
persons well acquainted with that Trade, and humbly offer that,
tho' the said merchants demand 105. per barrel imported, i.e.
41. per tonn, as the least premium that can be offered with hopes
of success, we humbly offer that for a tryal 31. be allowed for
3 years from Jan. next. The consideration of a fund for such
a premium is proper to be laid before the Parliament at their
next Session. We humbly offer that these commodities thus
imported from the Plantations may be exempt from the duties
to which they are now lyable ; for though these duties are but
low in the Book of Rates, vizt. 7 or 8s. per tonn, yet when it shal
be publickly known in the Plantations that Naval Stores may be
imported Custom Free into England, it will give a further
reputation and incouragement to the Trader, and we humbly
conceive an equivalent to be made to H.M. instead of this duty
will likewise fall properly under the consideration of the
Parliament at the same time. Endorsed, June 27, 1704. 2 pp.
[C.O. 5, 3. No. 16 ; and 324, 8. pp. 457-459.]
[June 24.] 414. Accounts of the Commission for Trade and Plantations,
Christmas, 1703 Midsummer, 1704. Petty expenses, 42/. 15s. 5d.;
Stationer's Bill (Wm. Churchill), 36Z. 9s. Sd. ; Wm. Short, the
Postman, 34?. 4s. lid. ; wood and coals, 33Z. 9s. Id. The whole
endorsed, Reed. Read Aug. 18, 1704. 10 pp. [C.O. 388, 75.
Nos. 92-95.]
Wt. 2710. C 12
178 COLONIAL PAPERS.
1704.
June 24. 415. Governor Lord Cornbury to the Council of Trade and
New York. Plantations. There was such an unwillingness in my
Lady Bellomont's Agents here to state her accounts, that they
would never hear of any method, nor would produce any muster
roll, or other voucher, unless I would consent to charge my
Lady with no more than what they said my Lord Bellomont's
Agents had actually received, without producing any account
from the Office, by which I might have known the truth of what
was paid by the Agents. This I thought I ought not to do,
therefore I have stated her accounts by way of debtor and
creditor and have made the charge according to the establish-
ment, supposing the Companys to be compleat (because I could
see no muster rolls) and I have allowed in discharge all that
Mr. Champante has (by his accounts) thought fit to give my
Lord Bellomont credit for. I hope your Lordships will approve
of this method, which I think will be the shortest way to bring
these accounts to a conclusion. I beg leave to observe to your
Lordships that my Lady Bellomont has presented several petitions
to the Queen, whereupon Lord Nottingham has signifyed to me
H.M. pleasure that my Lady Bellomont's security should not be
prosecuted yet for some time. These repeated petitions oblige
me to inform your Lordships of the truth of that whole matter,
which is thus : On my arrival I had a great number of petitions
delivered to me by several Officers of the four Companys here,
the Staff Officers and several other persons who had trusted the
souldiers, setting forth that there were great arrears owing to
the Companys here by the late Earle of Bellomont, that the
Countess was going for England, that they should be ruined
unlesse some care was taken that they might be paid ; upon
this I sent to my Lady Bellomont to desire that she would appoint
somebody to state the late Earl's accounts, and I appointed
five gentlemen here to settle those accounts, with whomsoever
my Lady should appoint on her part, after which I went up to
Albany, but stopping in the County of Ulster, I received there
an account that my Lady complained that the Commissioners
, did not attend, which was a delay to her accounts, whereupon
I added four more to the first five that there might always be a
quorum, my Lady thought fit to trust one Mr. Taylor, who had
been the late Earl's private Secretary, who did appear some-
times, but either could not or would not produce all the muster
rolls for my Lord Bellomont's time. Mr. Ling and Mr. Cholwell,
who appeared as friends to my Lady Bellomont, offered that her
Ladyship should account for 9,563Z. 13s. 2d., that being all (as
they said) that the Earle of Bellomont or his Agents had received,
but not producing any account from the Office to satisfie the
Commissioners that it was so, they did not think fit to allow of
that, and went on with the full charge ; but Mr. Taylor, seeing
that, would proceed no further ; being informed of this by one
of the Commissioners, I wrote to the Attorney General, to desire
him to go to my Lady Bellomont, and acquaint her that since
her Agents did not think fit to go on with stating the late Earle 's
accounts, and her Ladyship was preparing to leave this Province,
AMERICA AND WEST INDIES. 179
1704.
I should expect she should give security to answer all such sums
as should appear (upon the stating the late Earl's accounts)
to be due to the Crown, or the forces here, and I directed the
Attorney General to insist upon a security of 10,OOOJ., and this
I did because, by the complaints made, I had reason to beleive
there would be more due ; the Attorney General did as I
had directed him, and my Lady sent to me by young Mr.
Atwood the names of several persons who were willing to
be bound with her, to know if I aprouved of them. I sent that
list back and left it to the Attorney General to take the persons
he should think fit, and he insisting to have the security dis-
patch 'd ; under pretence of the sicknesse that then raged here,
her Ladyshippe thought fit to remove from this City into King's
County, where she staid till Capt. Caldwell, with H.M.S. Advice,
was ready to sail. Mr. Attorney General being informed that
my Lady did intend to go privately on board the Advice, took
out a writ against her, and sent for the Sherrif of King's County,
gave him the writ and ordered him to make what dilligence
he could to execute it, and directed him, as soon as he had done
so, to send him word of it that he might wait upon my Lady
to take her security. The Sherif took the writ and I suppose
acquainted her Ladyshipp with it, for the next day the Sherrif,
under pretence of having executed his writ, sent the Attorney
General word he had done his duty and had taken security from
my Lady Bellomont to the value of 10,0001. Mr. Attorney,
surprized at this, went over the water to inquire into that matter,
and found that my Lady was gone on board, and that the Sheriff
had taken a joint bond from two men for 10,000/., who are not
worth 101. apiece. I have never directed any proceedings against
them, nor did I intend to do it till I had directions from England,
therefore her Ladyship needed not have troubled the Queen soe
often about that matter, when she knows what I say to be true,
however I shall always obey the orders I receive. Signed, Corn-
bury. Endorsed, Reed. 8th, Read 22nd Aug., 1704. Holograph.
4 pp. [C.O. 5, 1048. No. 84; and 5, 1120. pp. 171-176.]
June 24. 41 6. Governor Lord Cornbury to the Council of Trade and
New Yorke. Plantations. I trouble your Lordships with this letter to
acquaint you with an accident lately happened here, which is
as follows. On March 13 arrived here the Eagle galley,
Capt. John Davison commander ; the Collector, Mr. Byerly
went himself on board the galley. When she was about six miles
below the town, at his landing, he told me it was a ship belonging
to Sir Jeffrey Jeffreys, that she came from London, had been at
Madera and taken a cargo of wines there, and that she had some
Canary wines on board, which he said he thought was contrary to
the Laws of Trade, since they were not shipped in England,
but in Madera. I told him I could say nothing to that till I saw
what entry he made ; the ship anchored that evening in the Road,
and the next morning Mr. Wenham and Capt. Davison came
to me and told me they were under a very great difficulty, because
part of the cargo of the ship had been put on board for the Island
180 COLONIAL PAPERS.
1704.
of Jamaica the last year, but that having taken a prize near
Madera he landed the goods intended for Jamaica at Madera,
and took on board his ship as much of the Canary wines that were
in the prize as he could and sayled for England, where (as he says)
the prize and cargo were condemned in a Court of Admiralty,
that afterwards he was ordered to take on board his ship the
goods which he had left at Madera and bring them to this Port.
Capt. Davison further said that when he arrived at Madera
he found all his goods, but that the cocketts (which he had left
with his goods) were lost, and that for want of them the Naval
Officer here would not take his entry. I told them I was sorry
it was so, and the more because I did not see how I could help
them, but that if they could propose anything that I could do,
and that was fitt for me to do, I should be ready to give them
all the assistance I could, upon this Mr. Wenham (who is
Sir Jeffrey Jeffrey's Correspondent here) told me he would give
me what security I should direct to produce cocketts in any
reasonable time. I told him I would consider of it and would
give him an answer very quickly, and in order to it I sent for
the Attorney General and asked his opinion how far I might
comply with Mr. Winham's proposal, he told me that if the intent
of the Law was answered, trade ought to be incouraged, that
if they gave sufficient security to produce cocketts in a reasonable
time, he was of opinion the Queen would be safe, and the intent
of the Laws of Trade answered ; upon this I did direct security
to be given for the value of the goods according to the prices
set down in the invoyce with 100 per cant, advance, which is ye
profit commonly made here by merchants, this being done the
Naval Officer took his entry and certifyed to the Collector as he
ought to do, whereupon the Collector suffered the Capt. to enter
his goods in the Custome House, to unload and carry the goods
to Mr. Wenham 's warehouse, where they were exposed to sale
and several of them sold till March 21 or 22, that the Collector
came to me and told me he must seize the Eagle, for she had
imported European goods, which were not shipped in England,
which he said was contrary to an Act of Parliament, 15 Charles II,
by which the ship and all her cargo was forfeited, and he brought
with him a lawyer to satisfye me that it was so, who produced
to me Wingate's Abridgement of the Statutes. After I had read
it I told him I thought that by that Statute it was plain that
nothing could be forfeited but those European goods so unlaw-
fully imported, and the ship, but that no other part of the cargo
could be affected by that clause (7). He then told me there
was cocketts wanting for several parcells of goods. I told him
it was true, but that Mr. Wenham had given me security to
produce cocketts within a limitted time. He then said they
had no register. I told him that the ship was registred, and
that if I had not been satisfyed of that the Naval Officer should
not have certifyed as he did, upon that he told me he had other
things to alledge against the ship, and that he would seize her
and her cargo. I told him if he told me what those things were
I would tell him my thoughts of them, but he did not think fit
AMERICA AND WEST INDIES. 181
1704.
to tell me, on the next day seized the ship and all the goods,
as well those for which cocketts were produced and those for which I
had given time to produce cocketts, as the Canary wines ; upon
this Mr. Wenham brought me a petition (enclosed) setting forth that
the Eagle and her lading had been seized by the Collector upon
supposition of some breach of the Act of Trade, of which he did
not suppose her guilty, and therefore pray'd the ship and cargo
might be discharged and the seizure taken off. Upon this I
called a Councill and acquainted them with the whole proceeding,
and desired their advice and opinion what was proper to be done ;
they desired time till the next day, which I gave them, and then
they gave me their opinion that they did not think any part of
the cargo was within the Statute of 15 Car. II, except the Canary
wines and the ship, and they said that tho' a seizure had been
made by the Collector, yet there being no libell filed in the Court
of Vice-Admiral, I might discharge the seizure, and that since
the goods on board that ship were sent hither to pay the soldiers,
and that the Laws of Trade were not broken, they were of opinion
the seizure ought to be taken off from all the goods, except the
Canary wines and the ship. Upon this I sent an order to the
Collector to take off the seizure from all the goods except
the Canary wines and the ship etc. This order he obeyed, and
Mr. Wenham went on selling his goods as he did before the seizure,
on or about March 27 Mr. Collector came to me again and told
me he must seize the Eagle galley again. I told him I hoped
he would consider well what he did, unless he could shew me
some new cause for it, I should order him again to take it off,
he shewed me no new cause, but did seize the ship again and all
the goods at Mr. Wenham's unsold or at least undelivered.
Mr. Wenham came and acquainted me with it, and I sent a
second order to the Collector to take off that second seizure,
but he refused to do it. In some few days after this Mr. Monperson,
the Judge of the Admiralty, came to town, being sent for by
the Collector. He acquainted me that the Collector had told
him he had filed a libell against the Eagle and all the cargo, and
desired him to appoynt a Court for the tryal of the said ship,
which he said he would not do till he had spoke to me. I gave
him an account of the whole matter, and told him that since
I had given Mr. Wenham time to produce cocketts upon the
reasons before mentioned, I did not think it would be proper
for him to try the ship upon that head, and that I would send
him a messuage by the Queen's Advocate (copy enclosed). Also,
that if he thought fit to try the ship upon account of the Canary,
I had nothing to say against it. He did hold a Court and upon
hearing the Proctors on both sides relating to the importing
of Canary wines from Madera, the Proctor for Capt. Davison
insisted that the Canary wines might be imported because they
were prize goods and condemned as such in a Court of Admiralty
in England, and desired time to prove the same, the Judge thought
fitt to grant them time. I hope I shall have your approbation
for what I have done, if I have erred I am sure nobody can think
I had any private interest in hindring the condemnation of that
182 COLONIAL PAPERS.
1704.
ship, it was certainly my interest slie should have been con-
demned, for then I should have had my third which would
have amounted to above 3,000, and perhaps by H.M. grace
and favour I might have hoped for the Queen's thirds too ; which
would have been a much greater proffit than I can ever hope for
in this country, but besides that I thought the seizure of all her
cargo unjust in itself, I considered that if all the cargo of that
ship was condemned the forces here must have starved, for
Sir Jeffrey Jeffryes's Correspondent would have found it very
difficult to have found money to have paid the forces here ;
what the consequences of that would have been may easily be
seen, for the soldiers desert now they are well paid, certainly
if such an accident had happened they would all have deserted.
I am informed by several persons here that Mr. Byerly has sent
great complaints against me into England, what those com-
plaints are, or to whom they are sent I know not, but sure I am
that I have never given that gentleman any just cause of com-
plaint, unless his being disappoynted of the third he thought
to have had by the condemnation of the Eagle be a just cause
of complaint. Mr. Byerly has given me many causes of complaint,
yet because I have told him of them I am in hopes he will amend
them, therefore I will not trouble your Lordships with them now,
tho' I beleive at last I shall be forced to it, in the mean time
I begg your Lordships' directions in one thing, which is this,
in my Instructions I am commanded [not] to suffer any publick
money to issue, but by warrant under my hand and seale [s^ned
in Council, which I have punctually observed in all cases except
Mr. Bierley's, and in his Commission the Queen is pleased to
grant him a sallary of 200/. sterl. a year out of the revenue of
this Province, which he is directed to retain in his hands, this
seems in some measure to contradict that clause of my
Instructions, however, I have not insisted upon this matter
with Mr. Bierley, but have suffered him to retain his sallary,
nevertheless I intreat the favour of your Lordships' commands
how I shall proceed for the future in this matter. All the favour
I presume to begg of your Lordships upon this occasion is that
you would not let any reports or stories make any impression
upon your Lordships to my disadvantage till I may have
opportunity to justify myself, which I do not question the doing
to your Lordships' satisfaction whenever you will be pleased
to let me know what I am accused of. Signed, Cornbury.
Endorsed, Reed. 8th, Read 22nd Aug., 1704. 4 large pp.
Enclosed,
416. i. Copy of proceedings of the Court of Admiralty, April 8,
1704, against the Eagle galley, as above. Endorsed,
Reed. Aug. 8, 1704. 60 pp. [C.O. 5, 1048. Nos. 85,
85.i. ; and (without enclosure) 5, 1120. pp. 177-186.]
1 June 24. 41 7. Lt. Gov. Usher to the Council of Trade and Plantations.
Refers to letters of June and October. Thank God the enemy
hath made no attack on Province New Hampshire. Coll. Romer
all this summer hath bin at New Castle^ repaired the Fourt,
AMERICA AND WEST INDIES. 183
1704.
which is now in a very good posture of defence, the only thing
wanting is men, armes and ammunition. Major Walton hath
a Commission for Captain of the Fourt. It was my misfortune
to be Treasurer in Sir E. Aridross' Government, in that time
advancing for the same 1,038/., was by the late King favoured
with several orders to the Government Province of Massachusets
Bay to pay the ballance or render a reason for not so doing.
This twelve years could not obtain either. In June last had
a Committee appointed by the General Assembly and make
report what thinck proper to be done, objection being onely
against Sir E. Andross' sallary, and be explained how itt did
arise, which report accepted by Governour and Council, Assembly
did break up doeing nothing. In Oct. H.E. moved I might
give my answer, and be heard. Nov. 15, appointed, gave in
my answer, with Address to pay me the ballance with interest
which amounted to above 900/. Finding no payment nor rendring
a reason, pray my case may be laid before H.M. and that H.M.
would give orders positively for payment thereof. Being called
to account for raising money and how disposed I privately made
my escape to England, and there rendered account and made
it up with Auditor General. I stay'd three years in England
before dispatch 'd which did stand me in 400Z. sterling and no
business but as Treasurer to render account to the Crown, so
that my case hath bin attended with great hardship. Signed,
John Usher. Endorsed, Reed. 1st, Read 12th March, 170f.
Addressed. Sealed. 1 p. Enclosed,
417. i. Copy of Mr. Usher's Memorial to the Assembly of the
Massachusetts Bay, praying to be reimbursed the money
he issued out when Treasurer in Sir E. Andross' time.
If pp.
417. ii. Copy of Report of Committee upon Mr. Usher's
Accounts and proceedings of the Assembly of the
Massachusetts Bay thereon (May 31, June 28, Nov. 3,
Nov. 9, 1704). 2| pp. \C.O. 5, 863. Nos. 104, 104.L,
ii. ; and (without enclosures) 5, 911. pp. 452-455.]
June 24. 418. Attorney General to the Council of Trade and
Plantations. I have considered the Report of the Attorney and
Solicitor General of Barbados, and am of opinion that no pro-
ceedings can be now had on the Commission therein mentioned
to have been granted pursuant to the late Act of Parliament,
and that therefore to enable the proceedings in the Barbados
according to that Act it will be necessary that a new Commission
be granted according to the directions of that Act, but without
the help of that Act, the Lord High Admiral or his Lieutenant
or Commissary in the Court of Admiralty may proceed against
pirats and condemn them by the Maritime La we, but that way
hath been disused since the statute of 28th Hen. VIII. Signed,
Edw. Northey. Endorsed, Reed. Read July 6, 1704. 1 p.
Enclosed,
418. i. Copy of opinion of the Attorney and Solicitor General
of Barbados. Jan. 12, 170| (q.v.). Signed, E. Chilton,
184 COLONIAL PAPERS.
1704.
Wm. Rawlin. 3 pp. [C.O. 323, 5. Nos. 50, 60.i. ;
and 324, 8. pp. 472-475.]
[June 27.] 419. Council, Justices, Officers and Inhabitants of Bermuda
to the Queen. Return thanks for continuing Lt. Governor
Bennett, who hath given many demonstrations of his loyalty to
H.M., zeal for the Protestant Religion, impartial justice, and
care for the fortifications and Militia, etc. 413 signatures.
Endorsed, Reed. Read June 27, 1704. 1 large sheet of parchment.
[C.O. 37, 6. No. 18.]
June 27. 420. Col. Lambert to Mr. Clayton, M.P. Taken prisoner
Martinique, in a Dane sloop, encloses petition by others at Martinique that
an exchange of prisoners may be arranged. Continues : '' We
have had 163 vessels brought in here since the warr, and since
my imprisonment sloops of 4 and 6 guns have brought in good
ships of 18 to 24 guns for want of being better man'd there is
about 30 privateers now belonging here, so that it's almost
impossible for a vessel to pass to or from the Islands without
a good convoy, and then they take some from them. Our
friggotts sailing so heavy, they run round them at their pleasure,
being in sloops which you know keeps the wind better than any
ship can. This Island have a grate trade with the Spaniards,
their vessels pas and repas without molestation, they bring
great quantities of money here, which they send home in their
men of war and great merchantmen, which are always well
mann'd. There is lately arrived a small Spanish ship of 6 guns
from Laverdecruise with about 800,000 pieces of eight, they
have two French men of war, each 50 guns, goeing ritchly loaden
to the coast of New Spaine as well to trade as to protect their
small trading vessels there, and the convoy of this fleet has 50
guns ritchly loaden with money and merchandize, which has
been trading on that coast this two years and commanded by
M. Laroux ; had we some good cruising ships to lie about this
Island, they should retake our ships as they bring them in, destroy
some of their privateers and take mighty ritch prizes of theirs
which use the Spanish trade, as well as Spanish ships that trade
here. As for our New England trade, it's at a stand, wee having
no exchange of prisoners, they will not venture to sea, which is
a great detriment to the Plantation Trade, and for want of cask,
several will be forced to binn their sugars, etc. The French
gentlemen have offered to lay me w r agers, that we shall not have
an English Island left by next December, saying they are certain
to have a fleet sent out with sufficient force to take all the Islands
before that time etc. Signed, Mich. Lambert. Endorsed, Reed.
Read Dec. 20, 1704. 2 pp. Enclosed,
420. i. H.M. subjects prisoners at Martinique to the Queen.
To the number of 300, some whereof have been here
16 months in close prison, pray for an exchange of
prisoners. When this war first began, there was a
mutual exchange of prisoners continued here for some
months, but a truce sent from hence to Barbados was,
AMERICA AND WEST INDIES. 185
1704.
through some needless jealousies, seized on there, and
a breach of articles ensued. Should all our grievances
be related, they would amaze even the least thoughtful.
These 16 months has brought hither 100 prizes and
1,500 odd men, and yet of all these there's now but a
small remainder here, renegadoes, death, change of
religion and many bewitching French artifices having
devoured the others. Necessity has forced more
than 500 to take up arms against a Kingdom and
Religion they love. This and much more has been
related to the rulers of Barbados and Antigua, and
yet no redress can be had, nor no petition in the
least regarded. The only excuse they have is the
depopulating the French privateers, but your poor
subjects who through meer necessity have revolted
from you here, are more then twice the number of French
that have been taken by your Majesty's arms in these
parts. When we sent our petitions to those Governors,
we all obliged ourselves to serve your Majesty for 6
months without pay. Signed, Maniford Howe, William
Forster, John Parry, John Molineux, Tho. Holland,
Wm. Simmons, Thomas Tuder, John Tankerd. Refinery
Prison in Fort St. Peirs, Martinique. June 26, 1704.
2 pp. [C.O. 152, 5. Nos. 73, 73.1.]
[June 27.] 421. State of the Regiments at Jamaica. A Regiment in
the West Indies now consists of 10 Companies, each Company
consisting of 2 sergeants, 2 corporals, 1 drummer, and 34 private
men ; to which they mm intend to add 16 sergeants, 16 corporals,
14 drummers and 210 private men, to make the complyment
of 12 Company and 55 private men. The two Regements now
in Jamaica and the Regement in the Leeward Islands are the
same. Endorsed, Presented to the Board by Capt. Gardner.
Reed. Read June 27, 1704. \ p. [C.O. 137, 6. No. 55.]
June 27. 422. Attorney General of New York to the Council of Trade
New York in and Plantations. Refers to letter of Dec. 12, 1702. I hear nothing
America. Q f ^ renewa | o f mv Commission of Advocate General to my
great loss, Gov. Dudley appointing his son to officiate in that
place at Massachusets Bay and Rhode Island, two of the chief
places of proffitt in my Commission : especially Rhode Island,
which lies as convenient for me as him. I am informed that
Coll. Dudley does apply home for a Commission for his son to
be Advocate General in those Collonies, as he hath already
procured one for him to be Attorney General at Massachusets
Bay ; nothing of this nature I am sure can pass without your
Lordships' privity. I will therefore submit myself and my affairs
to your Lordships' care and to H.M. good pleasure, etc. The
evill treatment I met with by Mr. Attwood's and Weaver's means,
the first year of my being here, run me so far in debt that the
proffits of both Commissions hitherto have not maintained my
family and discharged it, by above 100Z. sterl., though I have
186 COLONIAL PAPERS.
1704.
taken aid of my salary in England also. The chief ground the
Coll. goes upon in this matter is because I have not been at those
places to shew my Commission and take the proper oaths, to
which I answer that when Mr. Attwood at our first arrival went
to Boston to shew his Commission as Judge of the Admiralty, he
was not willing to have me with him, told me there was no business
then to be done (though he found some to his no small vexation),
and that he would give them notice of my Commission, and it
would be time enough to shew it and take the oaths when
there was occasion to hold a Court, which I resolved to do ; but
no Court of Admiralty being held at those places till after the
death of the late King, I thought my Commission deter min'd
and apply 'd to your Lordships for a new one, but have not been
yet favoured therewith. And divers Courts have since been
held at Boston and Rhode Island by. Mr. Newton, Deputy to
Mr. Atwood, but no notice- given me thereof, tho' several con-
demnations of value were there had, and they knew of my Com-
mission yet appointed others to be Advocates, tho' the Queen's
Proclamation made my Commission good untill H.M. pleasure
be further known, and I was ready to do my duty in my place,
had I had the civility of notice given me as I ought. Nor am
I without my uneasiness in this place, even from those that have
H.M. Commission as well as my self. Mr. Byerly, Collector and
Receiver General, takes upon him to controul me in my Offices
and to defame me publickly to the people with neglect of duty
to H.M. and her affairs, having behaved himself very rudely and
insolently towards me in divers places and companys where we
have accidentally mett, and once at the Chief. Justice's lodgings,
where he gave me very base and scurvey language, and told me
he would appoint whom he pleased to do the Queen's business,
which is more than my Lord Cornbury will do, for he gives me
the liberty of choosing whom I think fitt to my assistance in all
causes of difficulty wherein H.M. is concerned that do require
it, without forcing any upon me. These matters reached H.E.'s
eares without my bearing, who of his own accord told me he
he would do me right therein, whenever I would desire it. I have
forebore hitherto taking that method in respect to Mr. Collector,
knowing him then to be in H.E. displeasure for other matters
which I was not willing to stir up afresh against him, but rather
chose this way of acquainting your Lordships that he may receive
a gentle and proper admonition from you. The ground and
occasion of all this long story was no more than this. The Officer
of Excise had made a seizure of some liquors and was going to
proceed irregularly as I thought upon it, so I pray'd H.E. that
I might give directions to the Officer and J.P.s before whom
the matter lay to stay further proceedings, till the matter was
better enquired into. I hope you will be so far on my side as
to allow me the power of staying or proceeding in the Queen's
Causes as I think proper for H.M. interest, and that the subjects
may not be oppressed. Another matter hath sett Mr. Collector
more at odds with me. Mr. Collector consulting some of the
town lawyers was inform'd that the Eagle galley [see June 26]
AMERICA AND WEST INDIES. 187
1704.
was liable to seizure for breach of the Acts of Trade and Naviga-
tion, upon which he sends to me to give him and one of them
a meeting, which I did, the points layed before me were the
want of a Register, not being duely navigated with Master and
men (either of which I agreed to be a totall forfeiture) and
importing Canary wines, which were said to be European goods
not brought directly from England etc. I differ'd with that
gentleman in that point of the wines being European goods,
and judged them not within that clause of the Act. But if they
were as prize, I thought they might be carryed into any HJM.
Dominions without incurring any penalty. The seizure was
made, and then H.E. received a petition from Col. Wenham,
that the seizure might be taken off. The Petition was referred
to myself and other gentlemen of the Councill. I with some
others were of opinion that the Governour (if he thought fit)
might discharge any seizure of this nature before information fyled,
it being wholly in the Queen's hands and power till then. H.E
appointed an Order to be prepared for that purpose ; in the
meantime Mr. Collector sends to me to draw an Information
against the galley and cargo, or give way to some body else to
do it. I refused both with this answer, that the matter of the
seizure had been under the consideration of my Lord Cornbury
and the Councill, and I could do nothing in it till I knew the result
of that. In a very little time after Mr. Collector received the
Order of discharge from H.E., and with great reluctancy at length
took off the seizure from the galley, but in a day or two reseized
her, filed an Information and put her in suit without ever con-
sulting me at all, as the way was in Mr. Att wood's time, tho'
I desired no Information might be received but from my
hands, the Queen's and Governour's interests being above the
informer's, and often times such lame and imperfect ones have been
filed in hast to gett the benefitt of informing that have cost much
time and labour to sett them right ; and I could heartily wish
some directions to my Lord Cornbury might be obtained
from H.M. for the settling of this point, or to the Judge
of the Admiralty. Upon the second seizure of the galley,
H.E. told me he was sure she was well registered, and duly
navigated, then there was only the point of the wines, and
some goods that wanted cocquetts, the want whereof (unless
I have overlooked and missed the Statute) affects not the vessell,
only are liable to seizure themselves, or a double value to be
paid by owner or lader of them. H.E. commanded me upon the
discourse we had (without any stated points in writing) to peruse
the Acts of Trade and Navigation and give him my opinion of
them in relation to the present case under my hand, which I did
as above ; for which Mr. Collector declares me opposite to the
Queen's interest, and consequently not fit to serve H.M. etc.
The cause at present stands upon security to produce cocquets
and make out the point of the wines to be no forfeiture. I thank
God the power [of Government here] is now in H.M. subjects of
England, tho some of them are not so thankfull for it as might be
expected from them. There are some Republican spirits amongst
188 COLONIAL PAPERS.
1704.
us, some that retain the leven of the late factions and disorders,
which render the administration at present not so easy and
current as it ought, even the Assembly, which are just dismist,
have shewed some touch thereof in the disputes they have had
with H.E. this Sessions. But they are not many, and H.E. knows
them to a man, and will be vigilant over them etc. Prays for
liberty to answer any charge brought against him before any
censure be passed. Signed, Sa. Sh. Brought on. Endorsed, Reed.
Read Oct. 19, 1704. 4 closely written pp. [C.O. 5, 1048. No. 87 ;
and 5, 1120. pp. 220-230.]
June 27. 423. Mr. Broughton to the Earl of Nottingham. I hear
New York in nothing of my Commission for Advocate General in the Court of
America. Admiralty. The want of it is a great loss to me, and I am informed
Governor Dudley is endeavouring to deprive me of it for his
son etc. Signed, Sa. Sh. Broughton. Endorsed, R. Aug. 11,
1704. 1 p. [C.O. 5, 1091. No. 11.]
June 29. 424. Circular Letter from the Council of Trade and Plantations
to the Proprietors of H.M. Colonies in America. Enclose H.M.
Proclamation for settling and ascertaining the rates of forreign
coines in ye Plantations . . . that the same may be published
in the most solemn manner in H.M. territories under your Lord-
ships' Propriety. And whereas H.M. by the said Proclamation
does require that Peru peices of eight, dollars and other species
of foreign silver coines, shall stand regulated according to their
weight and fineness in proportion to the rate set for peices of
eight, of Sevill, Pillar and Mexico, and the Master-worker of the
Mint having informed us at what rates those foreign coines ought
to pass in the Plantations according to the said proportion,
we send your Lordships the inclosed table that it may be fix'd
in publick places and observ'd accordingly.
This postscript was added. In ye inclosed table your Lordships
will find Peru peices of eight are computed to pass in the
Plantations at 5s. lOJd., but we are well informed that of late
years some of those coines are made lighter and some with more
alloy than formerly. Therefore your Lordships will do well to
have a watchfull eye upon that species, because this computation
is for the best sort. Those other sorts that are lighter or baser
ought to be regulated to pass in proportion to their weight and
fineness. These words were added to Mr. Penn; Upon this
occasion we are to mind you of sending forward H.M. Order in
Councill for repealing the Pennsylvania Act for settling ye rates
of foreign coines in that Province, and to desire you to let us know
by what ship you shall send it. Annexed,
424. i. Table of rates according to which all foreign coine
may pass in H.M. Plantations. [See June 15.] [C.O. 5,
1291. pp. 39-41.]
June 29. 425. Similar letter to Governors of Plantations. [C.O. 324,
8. pp. 467-469.]
AMERICA AND WEST INDIES.
189
1704.
June 29.
Whitehall.
June 30.
New Yorke.
426. Circular letter from Council of Trade and Plantations
to the Governors of Plantations in America. H.M. having been
informed that intelligence has been had in France of the state
of the Plantations by letters from private persons to their
correspondents in England taken on board ships coming from
the Plantations and carryed into France, which may be of
dangerous consequence, if not prevented for the future, it is
therefore H.M. pleasure that your Lordship signify to all
merchants, planters and others that they be very cautious in
giving any account by letters of the publick state and condition
of the Provinces of New York and New Jersey under your Govern-
ment, and your Lordship is further to give directions to all
Masters of ships, or other persons to whom you may intrust your
letters, that they put such letters into a bagg with a sufficient
weight to sink the same immediately in case of imminent danger
from the enemy, and your Lordship is also to let the merchants
and planters know how greatly it is for their interest that their
letters should not fall into the hands of the enemy, and therefore
that they should give the like orders to the Masters of ships in
relation to their letters. And your Lordship is further to advise
all Masters of ships that they do sink all letters in case of danger
in the manner beforementioned. [C.O. 324, 8. pp. 470, 471.]
427. Governor Lord Cornbury to the Council of Trade and
Plantations. Your Lordships' letter of April 29, 1703, and of
July 29, 1703, are come to my hands. You take notice that
since that you have not heard from me, I intreat you to consider
that the losses our people here have had in their shipping is the
cause why we have very few vessells now that goe directly for
England. I wrote last summer by Simmons, and by Bond,
they were both taken. I wrote after that by the Virginia fleet,
I hope those letters got safe. I sent one letter since by H.M.S.
Centurion. I beg your Lordshipps to consider likewise the
difficulty I lye under with respect to opportunitys of writing into
England, which is thus, the post that goes through this place
goes Eastward as farr as Boston, but Westward he goes no farther
than Philadelphia, and there is noe other post upon all this
Continent, soe that if I have any letters to send to Virginia or
to Maryland, I must either send an expresse who is often retarded,
for want of boats to crosse those great rivers they must goe
over, or else for want of horses ; or else I must send them by some
passingers who are going thither, the least I have known any
expresse take to go from hence to Virginia has been three weeks,
soe that very often before I can hear from Col. Nicholson what time
the fleet will sail and send my packets, the fleet is sailed. I hope
we shall find a way to remedy that shortly, for Col. Nicholson
and Col. Seymour have wrote me word that they will be here
Sept., and I doe then intend to propose to them the settling of
a post to goe through to Virginia, by which I shall have oppor-
tunity to write to your Lordshipps by every ship that sails from
this Continent. Our letters do not come safe by the way of
Boston. I have had several letters by that way, which have
190 COLONIAL PAPERS.
1704.
been broken open ; however, I will omit noe opportunity of
writing. Refers to following letter etc. As to the Act for pre-
venting vexatious suits, the Secretary informs me there are no
suits commenced in New York, upon any cases relating to that
Act. I have received the letters mentioned, July 29, for the
several Governours, which I have sent to them, but have no
answers yet. The Acts disallowed by H.M. were taken off the
file, but not destroyed, soe I have ordered the Secretary to return
them into the Office again etc. Your Lordships are pleased to
order me to cause just and reasonable security to be taken for
Capt. Nanfan's answering the ballance of his account, in order
to his being released from his confinement, in order to satisfy your
Lordships at whose suit he is confined. I herewith send you the
affidavit of the High Sherriff of this county, by which it will
appear that he was arrested at the suit of the Queen, whereupon
he gave security to answer such summs as should (upon the
stating his accounts) appear to be due from him to the Crown
or to the forces here, upon which he was immediately discharged ;
he has since been arrested at the suit of private persons, who I
am satisfied would discharge him upon any reasonable security,
but I know he has refused to give any, but still insists that I am
to pay that money, because Mr. Andrews received it, and I had
done soe if I had not received advice from Mr. Thrale, that I
was to pay the subsistance from May 9, 1702, forward, which
I have done ; it would have been the same thing to me if I had
paid from Dec. 25, 170J, for I could have paid but once, but it
appears by the account sent to me by Mr. Thrale, and will appear
by the accounts now sent to your Lordships, that Capt. Nanfan
(if he had paid the money he is arrested for) would be still debtor
to the Crown upwards of 200/. ; however upon your Lordships'
commands I will endeavour to prevail with the persons concerned
to take reasonable security from Capt. Nanfan, and I do not
doubt but I shall succeed if he pleases to give it, of which I will
inform you by the next. We want all manner of stores of warr,
some small arms, great gunns etc., as I have formerly informed
your Lordships and upon which you were pleased to make a
Representation to the Queen, but we have yet received nothing
of that nature from England since I arrived here, only 100 small
arms and 50 barrells of powder came with me ; I intreat your
Lordships to use your endeavours that we may be supplyed,
especially now in time of war. The General Assembly have
lately satt and passed some Acts which I herewith transmit.
(1) An Act granting sundry priviledges and powers to the Rector
and inhabitants of the City of New York, of the Communion of
the Church of England. (2) An Act for the better explaining
an Act to oblige persons to pay their arrears of 1,000/. tax etc.
(3) An Act to repeal the last clause in an Act for the quieting
and settling the disorders that have lately happened within
this Province etc. (4) An Act to charge the several cities and
counties of this Collony with 143?. 10s. lOd. for fitting and
furnishing a room for the General Assembly. (5) An Act for
the better laying out, farther regulating and preserving publick
AMERICA AND WEST INDIES. 191
1704.
common high ways etc. The reason for my assenting to the
first is because the Rector and Vestry of Trinity Church have
a Charter from Col. Fletcher, and they have been told that Charter
is defective, soe they apply 'd to me for one that might be more
sufficient. I told them I did not perceive that by my Commission
I have any power to grant Charters of incorporation and that
I would not venture to doe it without such a power, some time
afterwards they came to me again, and desired I would give
them leave to offer a Bill to the General Assembly to be passed
into an Act for setling the Church. I told them I did consent
to it, because by that means the Queen would have the matter
fairly before her, and I most humbly intreat your Lordshipps'
favourable representation of that Act to H.M. that it may be
confirmed. The second is an Act occasioned by a difference
among the- J.P.s of King's County, which made that Act
absolutely necessary for the effectual! recovery of those arrears,
I hope it will be confirmed. The third is an Act passed in pur-
suance of H.M. commands to me ; the fourth is an Act I readily
consented to because till this time the Assembly 'has always
sat in a tavern, which I thought was a scandalous thing, and
therefore I did severall times recommend it to some of the
members of the Assembly to think of some method to provide
a place fit for them to sit in, this is now done by this Bill, and I
hope H.M. will be pleased to confirm it ; the fifth is an explanatory
Act (so far as relates to Richmond County) of a former Act passed
for laying out high ways in this Province, of which there is great
need, for till now (except a very few places) there are noe roads
passable, this is so necessary an Act that I must intreat your
Lordships' favourable recommendations of it to the Queen, that
it may passe. Thus I have given your Lordshipps an account
of the Acts past this last Sessions, which has been longer than
it needed have been through the endeavours of some ill affected
persons, who had a mind to push the Assembly to such
extravagant proceedings, as might move me to dissolve them,
hoping by that means to get a Dutch Assembly, these methods
did prevail with the Assembly, to offer at some things, which
I thought not proper for them to meddle with, however having
told them my mind of those things I thought it more proper to
adjourn them, then to dissolve them, hoping they will grow wiser
when the hot weather is over. I will send you an account what
those things are as soon as their clerk can prepare a copy of their
Journal. Lately some French Indians have been seen a dozen
miles above Albany. I have given the necessary directions for
the defence of the frontiers, and shall go up in four days myself.
Signed, Cornbury. Endorsed, Reed. 8th, Read 22nd Aug., 1704.
Holograph. 4 pp. [C.O. 5, 1048. No. 88; and 5, 1120.
pp. 194-202.]
June 30. 428. Governor Lord Cornbury to the Council of Trade and
New Yorke. Plantations. Having received your Lordshipps' commands to
give my opinion of certain Acts of the General! Assembly of this
Province passed since March 2, 1698, I ordered copys of the list
192 COLONIAL PAPERS.
1704.
you sent me to be delivered to every member of H.M. Councill
here, that is in the Province, and at last they have made a report
to me upon those Acts, which I enclose, by which it will appear
that the two first Acts mentioned in the list and in their report
they are of opinion should be confirmed, the reason they give
for it is because they think the same may tend to the peace and
quiet of this Province, in this I agree with them, though I
must observe that there are some persons indemnified by that
Act, who have always been the disturbers of the peace of this
Country, and are now, and always will be (as far as they are
able) irreconcilable enemys to an English Government, particularly
one Samuel Staats, and one Abraham Gouverneur, the first is a
surgeon who was born in this Province at the time of the Dutch
Government, went into Holland to learn his trade, and returned
hither again, and was here at the time the Dutch surrendered
this Province to the English, upon which surrender Articles
were agreed upon, by which those of the Dutch nation, who
had a mind to remain here, were to qualify themselves by certain
oaths, and there was a certain time limited, beyond which they
were not to have the benefit of those Articles, if they did not
qualify themselves accordingly. This Samuel Staats stayed
here till the time allowed was very near expiring, and then rather
than endeavour to make himself an Englishman, he left this
Province, and went to Holland, where he remained till a very
little time before the Revolution, then he came hither, and joyned
with Mr. Leisler, was one of the most active men in this Country,
and will never cease his endeavours till he brings this to be a
Dutch Government again, if he can ; the other is one of those
who (at the time of Col. Fletcher's arrival in this Province) lay
in prison, under sentence of death, only for rebellion and murder,
but was reprieved by Col. Fletcher, and since has obtained (as he
says) a pardon from the late Queen, but he has produced noe
such pardon, here yet. I could mention others, tho' not of so
dangerous a nature, but I am unwilling to make a longer
digression. The 4th and 5th Acts, mentioned in the list, and
the report, are expired by their own limitation ; also the 8th
and 14th Acts ; the 9th, 10th, llth, and 12th, the Council are
of opinion ought to be confirmed, and I intirely agree with them,
because I take them to be absolutely necessary for this Province.
The 13th Act is repealed by H.M. ; the 15th Act has been
reinforced since my arrival here by a new Act of Assembly, which
I hope H.M. will please to confirm. The Acts 16 to 28 were
repealed by an Act of Assembly since my arrival here, and I
hope H.M. will confirm that Act for the reasons I sent to your
Lordshipps with the Act. The third Act in the list and report
is repealed by an Act since my arrivall, and I cannot help being
of opinion that it ought to be so, because that Act could intend
nothing but to justify rebellion by a Law, as will appear by the
very words of the Act. The 7th Act is repealed by the Act above
mentioned, and the chief reason that induced me to consent
to the repealing of that Act was because by it the Church was
striped of a lease granted for seven years by Col. Fletcher under
AMERICA AND WEST INDIES. 193
1704.
the rent of 60 bushells of wheat, and as soon as that Act was
passed my Lord Bellomont granted the same farme to f a Dutch-
man under the same rent. It is true several grants repealed or
vacated by the Act passed in my Lord Bellomont 's time were
very exorbitant grants, and I think ought to be vacated,
particularly that to Captain Evans (which contains near 300,000
acres of land) and that for two reasons, (1) because the quit
rent reserved bore no manner of proportion with the grant ;
(2) because the granting soe vast tracts of land to one single
person has notoriously hindred the settling of this country.
I must say the same of the grants to Dellius, Pinhorn, Banker
etc. and to Bayard, all these grants contain vast tracts of land,
and some of them some of the best land in the country. I should
have thought that if Capt. Evans had had a grant of 4,000 or
5,000 acres it might have sufficed, espetially since he nor noe body
for him has taken any care to settle or improve that land, which
extends 30 miles on the west shoar of Hudson's River, and would
be a very good place to settle a towne, if those persons who have
already offered me to settle there (who are above 30 in number)
might have suitable quantity s of land to improve, and I must
be of opinion that it would be very proper to have an Act passed
here for the vacating of those grants last mentioned, which are
really very exorbitant ; however I would not propose anything
of that nature to the Assembly here, till I receive your Lordships'
commands upon that subject, which I intreat you I may have ;
the 8th Act is the same with the 15th. I offer it to your con-
sideration, whether it would not be proper that I should have
an account what Acts of this Province have been confirmed
and what not, because there is no footsteps in the Secretary's
Office of this Province, nor in the Councill Books, which Acts
have been confirmed or repealed, or neither, till the list your
Lordships were pleased to send me, and very often in hearings
before me in Councill the lawyers of one side affirm certain Acts
to be repealed, when those on the other side affirm the same
Acts to be confirmed. Signed, Cornbury. Endorsed, Reed. 8th,
Read 22nd Aug., 1704. Holograph. 5 pp. Enclosed,
428. i. Council of New York to Governor Lord Cornbury.
Report on the Acts referred to in preceding. Signed,
Sa. Sh. Broughton, Tho. Wenham, Matthew Ling, John
Bridges, Rip Van Dam. Autographs. Endorsed, Reed.
Aug. 8, 1704. 6 pp. [C.O. 5, 1048. Nos. 86, 86.i. ;
and (without enclosures) 5, 1120. pp. 187-193.]
[June.] 429. Copy of Acts of New Hampshire, against trespassing
on town commons (1702), and for the confirmation of town grants.
1 p. [C.O. 5, 863. No. 98.]
[June.] 430. Copy of Proclamation by Samuel Allen. By virtue of
my grants from the Crown I have taken possession in part of
the whole of all the waest, unoccupied and unfenced in lands
of New Hampshire, and hereby forbid any person, except those
that have taken leases of me or my predecessors, to fence in,
Wt. 2710. C 13
194 COLONIAL PAPERS.
1704.
occupy, graze cattle or cut timber on any such waste lands,
without first agreing with me, which I am redy to do on very
reasonable terms. These are also to require all men that have
fenced in and occupyed any land without any lease, to repair
to me and bring with them the boundaries and number of acres,
in order to take leases of me before Feb. 10 next. If any refuse
to come within the time limited, I will sell and dispose thereof
as I shall think most convenient. Newbury, Dec. 24, 1703.
Signed, Samuel Allen. 1 p. [C.O. 5, 863. No. 99.]
July 1. 431 . The four suspended Members of the Council of Barbados
Barbados, to the Council of Trade and Plantations [see Sept. 21, 1703.] We
lay before your Lordships the true state of our case, having
great reason to beleive that this last transaction of H.E. doth
not only wound our particular reputations and interest, but in the
designe and consequences of it will have a pernicious influence
upon the publick welfare. Refer to H.E. Speech on that occasion
given below. (1) We answer that the heats and animosities
mentioned by him owe their first rise to a Bill brought into the
Assembly, for the raising of standing forces, which was apprehended
by the generality of the Island to be of pernicious consequence,
so that the absenting of several Members from the House seems
rather to be the effect and consequence than the originall cause
of our heats and animosities, which this Bill first produced.
H.E. observes that the absence of those Members from the
House hath given a stagnation to all business of the greatest
moment, which is very true, and we allways lookt upon them
to be very blameworthy, but at the same time cannot acquit
the other Members who attended the House from all blame,
who for a considerable time would give this Bill the preference
before all other business, which (if it were not so hurtfull and
pernicious as was generally apprehended) yet ought not to have
stood in competition with other affairs that more immediately
concerned the safety of the Island, and were confessedly of far
greater consequence and moment. (2) He says that he hath
good reason to beleive that the absenting Members have been
encouraged by severall Members of the Board, and that our
behaviour upon his application made to us concerning the
absenting Members is convincing proof of it. Our behaviour
is rather a convincing proof to the contrary. For all of us that are
now suspended and two Members that are not, were very far
from excusing those Members or refusing to censure them, inso-
much that upon every application H.E. was pleased to make
for our advice upon this occasion we unanimously pronounc'd
them culpable, and that by their absence the Island was very
much exposed. And seeing the absenting Members were so
numerous as to render the whole House useless, we earnestly
moved H.E. for a dissolution, which we look't upon as the most
proper and naturall if not the only remedy for these obstructions
and the animadversion to be most suitable to their crime.
As to our encouraging them upon other occasions out of Councill
in their absence, we answer, that upon all occasions we have
AMERICA AND WEST INDIES. 195
1704.
constantly expressed our dislike of their proceedings in this
case, and one of us being in discourse with a gentleman of
experience and very good account in this Island, complaining
of the dangers we were exposed to by the absenting Members,
and saying that their apprehensions of this Bill was not a
sufficient excuse, for that the Gentlemen of the Councill who
had considerable interests in this Island would be very deep
sharers in the common calamity if anything should pass them
of extraordinary bad consequence to the Publick, therefore if
these Gentlemen found themselves too weak to oppose the Bill
in the Lower House, they might confide in the prudence and
integrity of the Councill, to this it was answered, that the Assembly
knew what power was lodg'd in the Governor, and that he could
easily suspend such Members of the Councill as should obstruct
the passing of the Bill, and put in others in their room. And
H.E. himself being in discourse some months ago with another
of the suspended Members, and complaining of the unkindness
of the Assembly in their not passing the Bill for the standing
forces, and being told by the said Memberfs] that he beleived
the Bill would hardly pass the Councill, he answered 'twas easy
to remedy that by suspending four or five of the Members if they
withstood any Bill which a Governour thought to be for his
interest, and put in others who would do the business, and then
being asked how he thought that would look at home, upon
the complaint or restoration of the Members so suspended, he
answered 'twas no matter for that, soe as the turn was serv'd
in the meantime. And now H.E. hath been as good as his word,
and hath made it manifest that the apprehensions of the absenting
Members were not altogether vain. Paragraphs 3-6 contain some
arguments by which H.E. saith he is convinced that the
suspended Members of the Councill encouraged the absenting
Members. [Quoted.] In answer to which, we intreat your
your Lordships to observe that H.E. proceeds from the beginning
upon a mistake, and misrepresents the matter, as will evidently
appear by the Minutes of the Councill, there never being by us
any such vote passed judging the absenting Members guilty
of a contempt of H.M. authority, which rather was esteem'd
to be an error than a willfull contempt, and a fault of the under-
standing not of the will, which was the vote that pass'd, and
the judgment not only of us four suspended Members but of
two of the eldest of the Councill, that are still continued and
only dissented to by the two youngest, and to prove this, desire
we may have the Minutes of the Councill attested, which we are
not now permitted to have. But we did not think these
Gentlemen were to be indulged in an error which might prove
prejudicial to the Island, or that they should pass without
censure, as H.E. seems to intimate, but we earnestly press 'd
that the Assembly might be dissolved, that being the only
way we could think of to remove the stagnation of the
publick affairs by which the Island was so much endanger 'd ;
to which remedy, tho' constantly advised by us, H.E. and the
two youngest Members of the Councill were all ways very averse,
196 COLONIAL PAPERS.
1704.
saying that was what they themselves would be at, and would
be to punish the good with the bad, and H.E. proposing other
methods, sometimes that the absenting Members should be
sent home to the Queen, in order to which the Secretary and
Clerk of the Councill were commanded to search the Councill
Books, in relation to Judge Farmer, his being formerly sent
home ; sometimes he proposed that they might be committed
for contemning the Queen's writ, at other times that they had
forfeited and abdicated their places in the Assembly, as
King James did the Crown, and that after the example of
England, it was lawfull for the other two parts of the Legislature
to supply their vacancies, and to issue out new writts for the
choice of others in their places. And so we had the misfortune
to fall under H.E. displeasure, because we could not so far comply
with his inclinations as to advise him to such proceedings as
were very extraordinary, and without any law or precedent,
that we could find, when at the same time it appeared to us that
a dissolution was most natural, effectual and only remedie ; and
we are morally assured that such a dissolution would have had
a very good effect, and that other Members would have been
chose, who would have applyed themselves diligently to promote
the common safety. But that would not answer the designs
then on foot, it being very probable, the Island being generally
under strong apprehensions of the bad consequences of this
Bill, that those 12 gentlemen who had zealously promoted it,
would have been left out in the next choice, and others elected
in their places, who would have preferred the publick interest
before any private considerations. For that the body of the
Island in general! is so inclined, plainly appears by what hap-
pen'd at the Grand Sessions held upon the Tuesday after we were
suspended, and continued from June 13 for severall days after,
where notwithstanding H.E. had modell'd the Court as he
thought fit, by turning out or putting in what Justices he pleas 'd.
And the Court so modell'd pickt out a Grand Jury of 15 out of
66 persons, so many being return 'd for Jurymen for the whole
Island ; yet 7 of the 15 could not be prevailed upon by all the
arguments the Court could use, who urged them very vehemently
to sign an Address to H.M., ready drawn up for them, wherein
all who were against the Bill, and the Members of the Council
lately suspended, were reflected upon as factious, and others of
them who did sign it, were prevail'd upon by extraordinary
solicitations contrary to their judgments. (5) We cannot discern
any inconsistency in the assertion (quoted by H.E., paragraph 5),
it being very possible that a man may be expert in military
affairs, who may not be so well inform'd in matters relating to
the Civil Government. And further, H.E. reports our opinion
we gave upon this question imperfectly, and in part only, as well
as what he says of that Member upon whom he seems to reflect,
as if he had said something absurdly, for we very well remember
what was then said by him, vizt., that he apprehended it then
to be the great business of the Board to provide a proper and
speedy remedy for those great inconveniences we lay under,
AMERICA ANT) WEST INDIES. 197
1704.
and dangers that threatened us, caused by the stagnation of all
publick affairs made by the absenting Members of the Assembly,
to which the turning any Members out of other Offices would
avail nothing at all as long as they were still kept in the Assembly,
and therefore again proposed a dissolution, in which opinion
all the Councill resident in this Island (except the two youngest)
agreed. This Member also said upon H.E. naming Col. Maycock
and Col. Kirton to be unfit for their employments, military and
civil, that he apprehended we were too much endangered already,
several regiments being unsettled by many of the cheif Officers
being turn'd out, and would be more. So by this means (which
is too sad a truth) yet neither did we absolutely dissent from
H.E., tho' we thought it inconvenient in this present juncture
to displace them, but only gave our opinion that since H.E.
had by the humble motion of the absenters given them libertie
and a few days' time to offer what they could to H.E. and the
Board in excuse for their absence, that H.E. might deferr these
censures till these gentlemen were heard, and afterwards proceed
as he thought fitt. (6) H.E. expresses his dissatisfaction with
our particular behaviour to himself, which we can (with a great
deal of truth) aver hath been always (as became us) with all due
respect and deference to H.E., of which no one instance (with
proof) can be given to the contrary, unless our dissenting in
some things wherein our consciences, judgment and duty to
H.M. directed us so to do, may be esteemed too great a liberty,
and interpreted a misbehaviour. We have not been wanting,
according to our best abilities, diligently and faithfully to
discharge the trust H.M. hath reposed in us ; two of us, vizt.,
Major Lillington and Mr. Cryer, have been allways most constant
and early attendants upon H.E. in Councill, as all the Members
and Officers can testify, and the Minutes will make appear.
And the other two, vizt., Mr. Terrill and Col. Ramsay, living
more remote, and having been of late afflicted with sickness,
have attended as often as their health and contingencies of the
weather would permit, and in case of involuntary absence have
desired to be excused and signified their reasons. As to a
Councill not being made on June 6, Major Lillington was detained
at home by an acute and violent distemper ; Mr. Terrill was
also sick, Col. Ramsay was prevented by the violent raines, which
fell the day before and the same morning, from coming so early
as he intended, and Mr. Cryer came early, as Mr. Sharp can
testify, with whome he came to Councill. To (7) we answer,
as farr as relates to our own behaviour, we hope that we shall
never have any opportunity of returning to our duty, either
to H.M. or H.E., having never yet (we hope) been guilty of any
violation of it ; and shall be most carefull not to deviate from
it. And as for the tenderness and moderation H.E. seems to
insinuate that he hath been guilty of towards us, we are sorry
that he hath made it necessary for us to lay before H.M. and
your Lordships some particular instances in which we conceive
he hath acted quite otherwise, and in so doing departed from
several of H.M. Instructions, if his be the same that we find ha\e
198 COLONIAL PAPERS.
1704.
been given to some preceeding Governours. He communicated
to us one Instruction that the Members of the Councill shall
have and enjoy freedome of debate and vote in all matters of
publick concern. Besides some other instances wherein he hath
appear'd to be uneasy when we have taken this freedom, which
we have never done without all due modesty and deference to
H.E., he hath very much restrained that liberty which H.M.
hath graciously given us, particularly in that instance mentioned
in his Speech, wherein he proposed the question, whether the
absenting Members of the Assembly ought to have any other
place or trust in the Government. For tho' we thought there
was a necessity of censuring that error by a dissolution, yet
being very sensible that we were sufficiently exposed already
by the turning out the Officers of the Militia (which is now in
a miserable confusion), against whom H.E. was not pleased
to make any objection with relation to the discharge of their
duty in those posts, nor doth it appear that their greatest enemies
have anything to say against them in that point ; and for that
we did not think it seasonable at that time by encreasing the
disorders of the Militia to expose ourselves further to the insults
of an enemy very near us and watchfull of all opportunities to
take us unprepared, and could not in conscience or judgment of
charity joyn with H.E. in pronouncing the absenting Members
guilty of a wilfull contempt of H.M. authority, disloyalty and
faction, when no instance was offered in all their other behaviour,
which lookt like anything of that nature, yet because we
could not depart from our judgment and conscience to comply
with H.E. inclinations in this point, he treated us with a very
unusuall severity, and told us with frowns that we were factious
and cowards, and afraid of displeasing the people, in a threatning
manner, saying, " Gentlemen, have a care," which we look
upon to be an extraordinary way of proceeding with H.M. Councill,
and in H.E. a manifest violation of H.M. Instruction before
recited, and to be altogether inconsistent with that patience
and moderation which H.E. commends himself for. We find
another Instruction that the Governor shall communicate to
the Councill such of H.M. Instructions wherein their advice
and consent is mentioned to be requisite, which H.E. hath not
thought fit to comply with, for we find another Instruction,
wherein, to prevent arbitrary removalls of Judges or Justices
of the Peace, it is provided that H.E. should grant all such Com-
missions with the advice and consent of H.M. Councill to fit
persons for those employments, which Instruction H.E. hath
not thought fitt to communicate to us, because he has no mind
to observe it. It would be very tedious to enumerate those
multitudes of instances wherein H.E. hath acted contrary to
H.M. Instructions, placing and displacing a great number of
Judges and Justices of the Peace, not only without the consent,
but against the advice of the majority of the Councill, and there-
fore we shall only trouble your Lordships at present with one
instance that was attended with remarkable circumstances,
and that was his making William Holder, Esq. (the Speaker of
AMERICA AND WEST INDIES. 199
1704.
the Assembly) Cheif Judge of Common Pleas for the Precincts of
St. Michael (the greatest Court in the Island), against whom
several Members of the Councill objected, as a person unfit for
that place and office, because there were very violent presump-
tions that Holder was never baptiz'd, that he never had taken
care that any of his children should be baptiz'd (being seven in
number), that he never received the Holy Sacrament, nor came
to Church at any time, unless upon the occasion of funeralls,
and that very rarely, holding no Communion with ye Church of
England or any other Christian Congregation, which objections
are not any of them as yet removed ; and when three of the
Members of the Councill did not only dissent but desired their
dissent might be entred in the Councill Book, and the fourth
was going to give his opinion the same way, who made up the
majority of the Councill (there being then but seven present),
H.E. was pleased to tell us that tho' he ask't our advice, yet he
would not have us think that this matter should be determined
by votes, but that he would do in it what he himself thought fitt,
and that Holder should be judge, and presently call'd for a Com-
mission that was ready drawn, ordered it to be fill'd up, and
Holder's name to be inserted, who now acts as Cheif Judge to
the great affront of our Church by law established, and dis-
couragement of Christianity. We shall only trouble your Lordships
with one instance more, which (we doubt not) will plainly discover
to your Lordships the true reasons of our being suspended, and that
those assigned are but pretences, wherein H.E. hath not complyed
with a late Instruction from the Queen (Aprill 20, 1703). This
Bill for the raising of standing forces is an evident breach of
H.M. command that no Governor should pass any Law for, or
receive any gift to be made either by the Assembly or others
upon any account in any way whatsoever ; this Bill if passed,
being in effect a standing present to H.E. of at least 3,OOOJ. per
annum, so much at least, by an exact calculation the highest
rate for provisions being allow'd, appearing to remain after all
the appointments of the Bill are complyed with, which calcula-
tion hath been made by several skilfull in accounts, and amongst
the rest by a certain gentleman of this Island of a very con-
siderable intrest, who offered that in case he might be made
Paymaster of the Forces, he would comply with all and singular
appointments contained in the Bill> and be obliged to pay
annually into the Publick Treasury the summ of 3,000?., during
the time he should continue so. And this is the reason that it
became impossible for any person who was not a favourer of
this Bill to be in favour with H.E., and it is a very plain case
that H.E. suspicions of our not being such was the true reason
of our being suspended from the Councill, and this made H.E.
so fond of this Assembly that he would not be prevail'd upon
to remove those disorders, and that dangerous stagnation of all
publick business which he so much complains of, by a dissolution,
when he might have had another Assembly in three weeks,
because 12 of them (the majority of 22) were resolved to prefer
this Bill before all other affairs. And it is very plaine they did
200 COLONIAL PAPERS,
1704.
so, for tho' the Bill was speciously laid by for some time, yet
the necessary publick affairs were as much neglected as before.
And those 12 gentlemen would always proceed upon such things
as tended to facilitate the passing of the Bill, as the altering
of the Quorum of the Assembly from 15 to 12, or upon a Bill
for regulating elections, in order to the modelling of the next
Assembly, and in the meantime our intrenchments and
fortifications lay as much neglected as ever ; whilst only private
considerations took place, and the publick was in nothing
provided for. And this (no doubt) was the reason of H.E.
arbitrary displacing so many old officers both military and civill,
to the great encreasing of our confusions and danger, none being
promoted but the favourers of the Bill, nor any kept in office
who opposed it, this one qualification being sufficient to recom-
mend persons not otherwise extraordinarily qualifyed to places
of honour and trust, and the want of it to displace gentlemen
of the greatest worth and merit. The cause of the Bill, as appears
by the preamble, did proceed from the hardships the inhabitants
lay under by H.E. appointing guards in all the forts etc. without
the advice and consent of the Council, which is positively contrary
to the 38th clause of the Act of the Militia for this Island, which
illegal proceedings are punishable by an Act of King William III.
to punish Governours of Plantations in this Kingdom for crimes
by them committed in the Plantations. We lay before your
Lordships, how precarious and insignificant H.M. Councill in
Barbados is made by the Governour, and how uncapable to
render H.M. those services she expects from them, to promote
anything for the good or to oppose anything that tends to the
detriment of the publick, whenever private interests stand in
competition with it, or to hinder the oppression of H.M. good
subjects here, when any Governour to serve a present turn, upon
any pretence he shall please to frame, can suspend what Members
at the Council he pleaseth, without sending his reasons first
to H.M., and put in such others as he shall think fitt, and will
assume an arbitrary power without the consent and contrary
to the advice of H.M. Council (which is the present case) of
placing and displacing all officers, military and civil ; by which
means he will be able to influence and overawe the freeholders
in the choice of their Representatives, and so purge and pack
the Queen's Council and make such an Assembly as he shall
think fit. By this means H.E. becomes arbitrary, and absolute
maker and disposer of the lives, liberties and estates of all H.M.
subjects here, and contrary to H.M. most gracious intentions,
may under the pretence of law exact what summs he pleases from
them, and wholly make void that her gracious design for the
ease and good of her subjects here, in advancing the Governor's
salary to 2,OOOZ. per annum, which she is pleased to express in
her letter to be this, vizt., that the Assembly of Barbados may
have an opportunity of applying those large summs which they
usually gave in presents to the Governours, towards such other
publick uses as may be most necessary for the defence and
safety of the said Island etc. (April 20, 1703). We hope it will
AMERICA AND WEST INDIES. 201
1704.
appear plain to your Lordships (for we have asserted nothing
here but what we are able to make appear upon oath, if liberty
be granted of taking depositions which we humbly pray for)
that our willingness that these good intentions of H.M. towards
her good subjects here should not be evaded, was the real occasion
of our being suspended, and not any faction in us, the promoting
of which we utterly abhor. And whereas we have upon June 26
given in our answers to H.E. reasons assigned for his suspending
us, and at the same desired that we might have copies of
any proofs taken against us (if any such there were) in order to
be transmitted home to your Lordships together with our answers,
according to H.M. Instructions, since which H.E. hath said
nothing further, We therefore most humbly pray your Lordships,
that if H.E. should offer or make any further complaints against
us, we may have copies thereof, and time and liberty to make
our defence thereto, and if liberty be granted for the taking
depositions, we doubt not but our innocence will plainly appear,
and that the before mentioned, and a great many more enormities,
have been acted on the other side. And as our hearts are full
of loyalty, and possest with the deepest sence of gratitude to
H.M. for the great advantages we reap by her good and gentle
government, so nothing could more sensibly afflict us, nor wound
us deeper, than the apprehension that H.M. should esteem us
capable of the least disloyalty or disobedience etc. Signed,
Geo. Lillington, Michael Terrill, David Ramsay, Ben. Cryer.
Endorsed, Reed. Read Sept. 26, 1704. 9 large pp. Enclosed,
431. i. Governor Sir B. GranvihVs Speech to the Councill
of Barbados (referred to in preceding). Present, the
Hon. Geo. Lillington, William Sharp, Ben. Cryer, Robt.
Johnston. June 7, 1704. " (1) The heats, confusion
and animosities that are now and have been for some
time amongst the inhabitants of this Island have
appeared plainly to owe their rise and occasion to the
absenting of severall Members of the Assembly from
their House in contempt of the Queen's authority and
breach of the trust reposed in them by the people, and
that their obstinately refusing to doe their duty has
given a stagnation to all business of the greatest moment.
(2) I must be plaine to tell you that I have good reason
to beleive such practices have rather been incouraged
than discountenanced by severall Members of this
Board, and your behaviour upon application made to
you concerning the absenting Members of the Assembly
is a convincing proofe of it. (3) Notwithstanding
that a vote passed here judging such Members guilty
of a contempt of H.M. authority and breach of their
trust, yet it was the opinion of some of you that such
Members should not be farther censured, but that
tryall should be made whether they would returne
to their duty or not, and tho' this favour was granted
to them, and also their owne termes from the rest of
the Assembly, contrary to all reason or precedent,
202 COLONIAL PAPERS
1704.
they being the lesser part of that body, yet they have
persisted in the same crime, and after many weekes
had beene spent notwithstanding of repeated summons
from me, and severall adjournments of ye major part
of ye Assembly, yet their absenting themselves hindred
that body from doing the business of the Island, which
was indispensibly necessary. (4) Upon this account
twelve of the Members represented the condition of
the country, and that the occasion of all the misfortunes
that had happened and might befall the Island ought
to be laid at the doors of the absenting Members, and
not to theirs, for they had given their constant
attendance. This Representation was read and entred
in the Councill books, and another vote past censuring
the absenting Members in the same manner as before,
and when I proposed the question desiring your advice
and opinion (5) whether they ought to have any trust
in the Government, yet severall of you were soe farr
from concuring with me that it was said by one of you
that a man might make a good officer in the Militia,
and at the same time be unfit for an Assembly man,
and four more of you refused to pass any further censure
upon them. Whatever meaning you may put upon
this behaviour, I can take it to be noe other than a
justification of those you have judged guilty, and it
seems to me a strange contradiction, that a man who
has been declared guilty of contemning the Queen's
authority, and breach of trust to the people in one
capacity, should not onely be suffered to goe unpunished,
but be thought fitt to be trusted in another. (6) As
I am not satisfied with your behaviour in these matters
for the reasons I have given you, neither am I so in
your particular carryage to me, and I can look upon
your often absenting yourselves from this Board, and
your frequent attending at houres so much later than
ordered noe other than a contempt of my authority,
in violation of the trust H.M. had done you the honour
to put in you, and I must particularly take notice of
your not makeing a Councill on Tuesday last when
you were so expressly enjoyned by me to do it, and
upon matters of so much concerne to H.M. service and
the interest of this her Island. (7) I have hitherto
used all moderation and waited many months with
patience to see if men would returne to their dutys,
my doing so has had effects contrary to my expectation,
and rather encreased than removed these disorders.
Seing therefore your forts and intrenchments, which
are your defence against an enemy powerfull and neare
you, are in so bad a condition, the debts of the Island
many and growing, the matrosses sterved, criminalls
escaped for want of a gaol, and every man thereby
encouraged to do what mischeife he thinks fitt, in a
AMERICA AND WEST INDIES. 203
1704.
word, which way soever I look the Queen's subjects
in danger, seeing, I say, that these and many more
misfortunes which attend us are all occasioned by the
neglect and refusall of severall Members of this Govern-
ment doing their duty, and that H.M. will require from
me principally an account of the administration of
this Government, I doe now think it my duty to make
use of the power and authority shee has been pleased
to lodge in me, for the peace, good government and
preservation of this her Island, and the inhabitants
thereof, and doe by virtue of that and for the reasons
above mentioned as well as for some others (which shall
be entred in the Councill Books) suspend the Honble.
George Lillington, Michael Terrill, David Ramsay,
and Benjamin Cryer, Esqrs., from being Members of
H.M. Councill of this Island." Then H.E. was pleased
to declare that he did suspend George Lillington, Esqr.,
for encouraging faction, and his name being in H.M.
Instructions called Richard Lillington, when his name
is George Lillington ; Mr. Terril for encouraging faction
and not attending in Councill ; Col. Ramsay for
encouraging faction and not attending in Councill ;
Mr. Cryer for encouraging faction, for not attending
as he ought to doe in Councill, and for his marrying
people without any licence from H.E. in breach of H.M.
power exprest in her Patent. Copy. 2J pp. [C.O. 28,
7. Nos. 35, 35.L ; and 29, 9. pp. 7-47.]
432. Governor Sir B. Granville to the Council of Trade
and Plantations. A pacquet boat arrived here June 29 and
brought me your Lordships' commands of May 4, those relating
to the not sending away an advice boat to General Codrington
when Commadore Walker was here, I will strictly examine into
and give your Lordships a very exact account by the next
ordinary. I believe it will prove to have bin the effect of those
differences and animosities have bin for some years past amongst
the people of this place, and which I found them in. I have
labour'd all I could to reconcile and unite them in which having
fail'd, I am endeavouring now to root out the seeds of these
dissentions then which nothing has nor can be more pernicious
to this place. Upon this occasion I don't doubt but I shall be
clamour 'd at before your Lordships, being opposed by those
who, tho' being but few, are however the persons who had
wrested the whole managements of affairs here into their hands,
and the power too, which they have made use of towards repairing
their broken fortunes, impoverishing the Island and endangering
H.M. authority. The mony and the labour which has bin given
by this country for the encrease and repaire of their fortifications
amount to excessive sums, and yet they look like abandon'd
places. I have laboured all I could to bring this matter into
a true light and was in hopes I should before this have laid it
clearly before your Lordships, but these persons have turn'd
204 COLONIAL PAPERS.
1704.
themselves every way to prevent me, and not stuck to raise
factions against me both in the Council and Assembly, but I
have now carried it so forward that I may promise myself very
speedily to give your Lordships the full informations of the rise
and progresse of these evill practices and afterwards hope by
your Lordships' directions such a settlement may be made here
that shall be lasting for the good of the people, interest of
England and H.M. service. As to what relates to the publick
transactions here, I must refer myself to the Minutes of the
Councill. Tho' by my Instructions I am directed to send them
but every three months, I have found it necessary to send now
what has bin done since \my last sending of them], it being from
them your Lordships will best discern the present condition of
this place as well as temper of the people ; your Lordships will
see by them that I have suspended four of the Members of H.M.
Council and the occasions of it, in which I have acted with zeal
to H.M. service, resisting all temptations to divert me from
my Duty : the answers those gentlemen have given me were
put into my hands so late, that they could not be copyed now,
nor my reply to them, nor what is farther to be said in this matter,
but shall all be prepared for the next pacquet-boat. The
gentlemen I have put into the Council in the room of them I
have turned out are three, being by my instructions directed
to fill them up allwaies to seven, Col. Abel Alleyne, who as the
first of 'em is one of the gentlemen of the best reputation and
estates in the Island, a man of great honesty and integrety, whose
interest here is the most considerable of any man's whatsoever,
having a numerous family all grown up, his sons masters of
estates of their own equall to most, and his daughters married
to some of the best estates of the Island. Col. Cleeland has a
very considerable interest and estate, of known honesty and
integrity, has long bin settled upon this place and bin formerly
in some of the chief employments : amongst the rest and is fitt
to be encouraged here. He went the last war upon the expedition
to Martinique Lieut. Colonel to those men that went from this
Island and behaved himself very bravely. Mr. Callow is a
clergyman, Rector of St. Phillip's, and beleiving it to be H.M.
intentions that one of the clergy should all ways be of the Councill,
having observed it to have constantly been so of late, I put him
in, he being also every way else qualified for it. He is a man
of an exemplary life and conversation (which is hardly to be
said of any other here), very well allyed in England, very easy
in his circumstances, having by his industry since his being
here acquired a very hansome fortune. He is free from all law
suits, and so are the other two, more than any persons I know
in the Island, whereas those I have turn'd out were involved
in many, and for that reason tho' I have sat oftener in Chancery
than any Governor has don before me, there has as little buisnesse
bin don, it being their interest to raise delays and carry matters
into length. I don't doubt but the successe this proceeding of
mine will have both in the dispatch of matters of Justice as well
as of all other publick buisnesse will justifye me in it, and that
AMERICA AND WEST INDIES.
205
1704.
July 3.
July 4.
Whitehall.
July 4.
Admiralty
Office.
these gentlemen I have put into the Council will deserve your
Lordships' confirmation. Upon the whole matter I must desire
leave to make this declaration, that I have acted on this occasion
with all resignation to H.M. service in discharge of the trust
she has done me the honour to confide in me, and that I allwaies
will doe so, ever esteeming H.M. favour my greatest Riches and
my greatest fortune. I have your Lorps'. farther commands of
May 4, wth Mr. Attorney General's opinion about Manasses,
and the stores demanded by the agents, it is what I was not
consulted in, and if I had I believe it would not have been my
opinion to make such large demands of that kind, as for the
24 pounders I should be glad of them, but for the rest of the great
ordnance, as it amounts to a great sum, so I beleive at this present
it might be laid out more for the advantage of this Island as well
as that for the small arms, which are generally what the people
of this place furnish themselves withall, and will not want tho'
they buy it out of their mony, and besides a greater magazine
of stores than can be for present use is improper here, the rust
spoiling all iron, the vermin destroying all wood and other
materials, and waste made when there is anything superfluous.
In your Lorps'. letters Feb. 16 last there is mention made of
copies of commissions and instructions for privateers to be sent
me, notwithstanding there has not any such yet come to my
hands. Signed, Bevill Granville.
P.8. As I was sealing this letter the BlacTcwall came in from
her cruize and brings an account that between Guadaloup and
Antego (where he had put in for wood, which is very scarce here)
he saw two French men of warr, one of 60 and the other of 36
guns ; that they bore down upon him, but could not come up
with him ; he was inform'd at Antego that these two men of
war came about a month since to Martinique convoy to a fleet
of 18 sail of merchant ships. Endorsed, Reed. 9, Read 19 Sept.,
1704. Holograph. 8 pp. [C.O. 28, 7. No. 36 ; and 29, 8.
pp. 474-481.]
433. Governor Dudley's Proclamation for permitting a
trade to the Spanish West Indies. Two printed copies. [C.O. 5,
751. Nos. 52, 52.A.]
434. W. Popple, jr., to Mr. Burchett. The Council of Trade
and Plantations having under consideration a' Report to be made
to H.M. upon Jamaica, desire to be informed what Naval strength
is at present there. [C.O. 138, 11. p. 284.]
435. J. Burchett to W. Popple. Reply to above. Naval
strength at Jamaica : Nortvich (4th rate), Anglesey (A.),
Experiment (5th), Seahorse (6th, lost). These are under orders
for England : Fireships, Earl, Harman ; sloop, St. Antonio ;
hulk, Lewis. Gone thither : Guernsey (4), Nonsuch (4),
Mermaid (5), Deal Castle (6). Signed, J. Burchett. Endorsed,
Reed. Read July 5, 1704. Addressed. 1 p. [C.O. 137, 6,
No. 57; and 138, 11, pp. 284, 285.]
206 COLONIAL PAPERS.
1704.
July 4. 436. Roger Mompesson to the Earl of Nottingham. In
New York, reference to H.M. commands as to Lord High Admiral's dues and
the proceed of prizes. Lord Cornbury dos take all due care in
this Province and New Jersey, which will tend to ye prejudice
of ye Trade of these Provinces, if the Govmt. of England dos
not speedily prevent the abuses in ye Proprietary Governments,
for now most Prizes are carryed thither, particularly to Road
Island, for H.M. and ye Lord High Admiral's dues are sunk
there. Before I was concerned there, the Governor and Council
took upon them to determine Admiralty causes. And Governour
Cranston pretended to grant commissions to privateers, and by
colour thereof a prize was taken and brought into Road Island
and condemn 'd and adjudg'd a prize to ye Captor. This was
since Col. Dudley was Vice- Admiral there ; 'tis true indeed at
first he oppos'd the proceedings till his son as Advocate reed.
50 or 60 pieces of eight etc., and then he suffered them to go on
to condemnation. And one Tongerlon, a Frenchman or Dutch-
man never naturalized, has lately reed, the like Commission,
and has taken 5 or 6 prizes, Dutch Curaso traders, one of them
is sent in already to Road Island, and ye others are dayly
expected. They did in all things behave themselves at Road
Island when I was there as if they thought themselves out of
ye dominions of ye Queen. And till they are reduc'd to their
due obedience to ye Crown, the Royal Goverments will suffer
very much in Trade. There may be legal ways found for bringing
these people to better obedience, notwithstanding their Charters,
perhaps by Commissions of Enquiry for informing the Parliament,
or for grounding a sciri facias agt. their Patents. And I doubt
not but many of the powers wch. they exercise will be found
to be usurped without any pretence of Law, etc. In the mean-
time it seems to me that the Governours of Connecticut and
Road Island, who are chosen every year and act without ye
Royal Approbation, or taking ye oath etc., forfeit for every year
1,OOOZ. sterl. by the Stat. 7 and 8 Wm. III. c. 22, and that the
same may be recovered in the Court of Admiralty in the Plantations.
But 'tis a matter of so great concern that I would not direct such
a prosecution before me in Connecticute without the direction of
ye Government at home. As for Road Island, I have nothing to
do with it, Col. Dudley having gotten my Commission super-
seded for that place as well as for Massachusetts Bay and New
Hampshire for his friend Col. Byfeild, a true New England man,
a mercht. and independent elder or deacon. But if my Com-
mission were continued for that place, I doubt how far I or any
man living could pretend to be serviceable to ye Crown or Church
of Engld. under the command or influence of Col. Dudley ; or
how there can be any due prosecution whilst his son is Attorney
or Advocate Genl. there. Instructions alone from England
will not be sufficient. New and larger powers must be given
to persons that are willing and able to doe the Crown and Church
of England service, and that very speedily, for antimonarchical
principles and a malice to ye Church of England dayly encrease
in all those places where ye magistracy encourage them, wch.
AMERICA AND WEST INDIES. 207
1704.
is done in most Proprietary Govermts. not omitting Boston.
And to my own knowledge some of their leading men already
begin to talke of shaking off their subjection to the Crown of
England.
As to a strict enquiry after Pyrates and goods pyratically
taken. My Lord Cornbury has made some progress therein
in ys. Province and New Jersey. And I doubt not but in a
convenient time a good account will be given of ye same. But
the neighbouring Colonys, especially Road Island, have more
of such effects amongst them. I began to be prying into them
whilst I was there, wch. I believe hastned the superseding my
Commission. The persons concerned are rich and wealthy
men, and should any prosecution be set on foot against them,
whilst the Goverment is there in the same hands as now, both
on land and sea, the pyrates would be in less danger then the
prosecutors or impartial judges. And tho' Col. Dudley has
condemned 14 or 15 pyrates on a Commission near 2 years since
expired, yet men that will make law and justice their guide
expect a renewal of yt. Commission before they proceed in any
such causes. Signed, Roger Mompesson. Endorsed, R. Aug. 11,
1704. Holograph. 4 pp. [C.O. 5, 1091. No. 12.]
July 4. 437. Sir G. Heathcote and Sir B. Gracedieu to the Council
of Trade and Plantations. In reply to your Honors' desire for
for an account from us of the present state of Jamaica, both
as to its land and sea force. As to what concerns the two
Regiments, Capt. Gardner, their Agent, can give you the most
exact account ; what we have further to offer is, that the
recruits and the intended additional Companys may be
immediately sent, for if they should now begin upon it, they
cannot arrive there till Oct., which is a healthy time, altho'
thank God the Island is now very healthy, and as it used to be
in former times. 'Tis the more necessary that they should
be dispatch 'd, the men of war for these many yeares last past
having made such havock in the Island by pressing, that they
have scarce left white men enough to defend themselves against
thei own negroes, for 'tis not only to be considered what they
have taken off the Island, but the vast numbers they have frighted
away from it, as may now be more particularly seen by the many
hundred English seamen fled to the Dutch Settlement at Curassoa,
and the Island hath had no supplys, for, for fear of this pressing,
neither English seamen nor seamen of any other Nation will come
near it ; next to the judgment of the earthquake and the sickness
that followed it, this hath been the great occasion of the Island's
being reduced to this miserable condition. As to the men of
war, by the last advices there were only three small frigats there,
and four more have been sent since, but those three friggats
and we suppose one of the last four, are by this time sailed from
thence convoys to the fleet of merchant ships for England. So
there will be but three small friggats left there. As to what
will be necessary for its defence, we can only say that that is
to be proportioned to the strength the enemy shall bring against
208
COLONIAL PAPERS.
1704.
July 6.
St James's.
July 6.
St. James's.
it, which we fear will be considerable, for it lying in the heart
of the Spanish Dominions and seated right to gaule them on every
side, now that they know the weakness of the Island, it may
be reasonably beleived they will no longer neglect the drawing
this thorn out of their side, all our letters from thence telling
us that, by the prisoners and other intelligence, the French and
Spaniards had jointly formed a design upon them. It is highly
necessary for the safety of that Island, and also to disturb the
French in their trade, that six or seaven frigats more be sent,
and that if the French make preparations of a considerable fleet
for those parts, that a further naval strength in proportion to
theirs be also sent thither. We are informed by persons that
have lived long in that Island, that for the safety of Port Royal
it will be necessary that a couple of fire-ships be sent well equipt
and kept continually in that Port during the war. Signed,
Gilbert Heathcote, Bart ho. Gracedieu. Endorsed, Reed. Read
July 4, 1704. H pp. .[(7.0. 137, 6. No. 56; and 138, 11.
pp. 280-283.]
438. Order of Queen in Council. Upon Representation
on the case of Peter Van Belle [June 13], Ordered that the Council
of Trade and Plantations write to Governor Sir W. Mathew
accordingly. Signed, John Povey. Endorsed, Reed. Read
July 13, 1704. | p. [(7.0. 152, 5. No. 74; and 153, 8.
pp. 326, 327.]
439. Order of Queen in Council. The heir of Major General
Selwyn is permitted to receive the 2,OOOZ. [see June 21]. Signed,
John Povey. Endorsed, Reed. Read July 14, 1704. 1 p. [(7.0.
137, 6. No. 58 ; and 138, 11. p. 293.]
July 6.
Whitehall.
440. Council of Trade and Plantations to Mr. Secretary
Hedges. Reply to letter of June 16 (q.v.). Quote Capt. Gardner's
account of the Regiments (June 27). According to the Establish-
ment, two intire Companies are to be added to each Regiment,
and the several Companies now at Jamaica to be made up 59
men in each (servants included), so that 420 men are wanting to
compleat the same, as also 4 intire Companies, for the raising
of which 4 Companies orders have been issued some time past.
And we are humbly of opinion that as well the necessary recruits
as the said additional Companies be dispatch 'd with the greatest
speed, the season of the year being now proper for their going
thither. As to the sea force, we are inform 'd that there are at
present there 2 fourth rates, 1 fifth and 1 sixth rate. Sir B.
Gracedieu and Sir G. Heathcote propose that 10 ships of war
be appointed for the constant guard of that Island during this
time of war ; but we are of opinion that the increase of the
Naval strength will be best determined by H.R.H. the Lord High
Admiral. Upon the application of the said Agents, we humbly
offer that the ships of war to be sent thither have their highest
complement, that they may not be obliged to take off men for
AMERICA AND WEST INDIES. 209
1704.
their supply from that Island, etc., as quote their Memorial July 4,
" which agrees with the information we have received from
the Governor." [0.0. 138, 11. pp. 286-288.]
July 6. 441 . Order of Queen in Council. Refer enclosed petition
St. James's, to the Council of Trade and Plantations, who are to write to
the Governor of Barbados, taking notice of the delays and
obstruction of Justice complained of and requiring him to take
care that the administration of justice be there expedited in the
petitioner's case as the Law requires, as also signifying that,
if Thomas Maycock, therein referred to, do by means or under
the protection of the offices he enjoys continue to impede or
obstruct the course of Justice in the present case, the Governor
do suspend him from the place of Judge and all other offices
until the cause or causes in which Maycock and the petitioner
are concerned shall be determined. Signed, John Povey.
Endorsed, Reed. Aug. 6, Read Oct. 19, 1704. 1J pp. Enclosed,
441. i. Petition of Thomas Foullerton of Lincoln's Inn, Esq.,
to the Queen. In 1693 petitioner and John Farmer
and Joyce Keid did let a plantation in Barbados to
Thomas Maycock, John Waterman and John Beninger,
at a yearly rent of 7501. They did not pay the rent,
but abused and destroyed the plantation and negro
slaves thereunto belonging in a barbarous manner,
insomuch that petitioner's attorneys, after the death
of Beninger, were forced to compound with Maycock
and Waterman to get the plantation out of their hands.
On the surrender, Maycock and Waterman submitted
all their differences to arbitrators, who reported 1,547/.
to be due to petitioner. But such is the injustice of
Maycock, since Waterman's death, that tho' petitioner
hath his bond and covenants etc., he can neither get
one penny, nor bring Maycock to trial in any Court,
Maycock being Chief Judge of one of the Courts of
Common Pleas in the Island and Colonel of a Regiment and
a Justice of Peace, by means of these great offices he
finds ways to keep your Petitioner from any trial at
Law or in Equity. Prays H.M. directions that Maycock
may no longer by means of his great offices shelter
himself from Law and Justice, etc. Copy. 2 pp. [C.O.
28, 7. Nos. 37, 37.i. ; and 29, 9. pp. 61-66.]
July 6. 442. Order of Queen in Council. Referring enclosed petition to
St. James's, the Council of Trade and Plantations for their opinion. Signed,
John Povey. Endorsed, Reed. Read July 10, 1704. 1 p.
Enclosed,
442. i. Peter Sonmans and William Dockwra for themselves
and the rest of ye Proprietors of the Eastern Division
of the Province of Nova Csesarea or New Jersey to the
Queen. Staten Island lies within the boundary of the
land granted to the Proprietors by the Duke of York,
1682. The Governor of New York claims and keeps
Wt. 2710, C H
210
COLONIAL PAPERS.
1704.
possession of it in right and for the use of your Majesty.
Pray for the hearing and finall determining of the matter.
Endorsed, Reed. Read July 10, 1704. 2 pp. [C.O. 5,
970. Nos. 21, 21.L ; and 5, 994.A. pp. 168-171.]
July 7. 443. H.M. Instructions for Col. Handasyd, Governor of
Jamaica. [C.O. 138, 11. pp. 195-256.]
July 7.
Whitehall.
444. Council of Trade and Plantations to Mr. Secretary
Hedges. It being necessary that an Instruction be sent from H.M.
to the Governors in pursuance of a late Act of Parliament relating
to the navigating of ships, we pray you to present the enclosed
Instructions [see July 17] to H.M. for her royal signature. Signed,
Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior.
Autographs. 1 p. [C.O. 5, 3. No. 17 ; and 324, 8. p. 476 ; and
38, 6. p. 15 ; and 5, 726. p. 283.]
July 8. 445. Governor Handasyd to the Council of Trade and
Jamaica. Plantations. There is a great fleet of merchant ships to saile,
being in number 52, besides the men of warr that are to convoy
them etc. I have sent all the French prisoners that were left here
to England by the Fleet and the Spanish I have kept in hopes to
have them exchanged, which may obliedge the Spaniards, who seems
to be inclinable to the House of Austria. I have communicated
Lord Nottingham's letter to the Council, who have given notice
to the merchants about trading with them etc. This island i at
present very healthy and very quiett from any attempt of the
enemy, since they have mett with soe many disapointments, and
soe many of their ships and sloops taken, and those that have
attempted to land have had their bones very well paid, and a
freat many of them killed and the rest made prisoners of warr.
igned, Tho. Handasyd. Endorsed, Reed. 28 Sept., Read
12 Oct., 1704. Holograph. 1J pp. [C.O. 137, 6. No. 59;
and 138, 11. pp. 333, 334.]
July 8. 446. Governor Codrington to the Council of Trade and Planta-
Antigua. tions. Returns thanks for the great civility of your Lordships' of
May 4, as well as for all your former favours. The Ministers and ye
Nation too I find are easily satisfyed as to ye affair of Guadaloupe,
as well as other expeditions. Somebody has been to blame, I was
executed and then acquitted, but Truth will appear in time and
miscarriages prevented, for ye Nation does not seem to have either
blood or treasure to be threwn away. Something considerable
might have been done for ye service of England in America,
but ye opportunity is irretrivable. I have not been wanting
in my little station and might have been made more usefull. I
am glad yr. Lordsps. approv'd ye Act of Courts. I am sure 'tis
a good one, for 'twas ye effect not only of my reflections but my
experience. I sent yr. Lordsps. home some Acts from St. Kits,
one very good one for the recovery of ye Ministers' dues, a matter
yt. has given me much trouble. I coud never imagine why my
Lord Bishop did not approve our genii. Act, which I acknowledge
AMERICA AND WEST INDIES.
211
1704.
(and with pride) was wholy my own, ye best of ye clergy
have thankt me for it and ye rejecting of it has been a prejudice
a very signal one to Religion, and must be accounted for at ye
day of judgement. One objection yt. ye Act allowed noe appeal,
with submission to ye Attorny Genii. , seem'd to me a jeast, for
is not a freehold of 130Z. per a year worth 500Z. ? But I provided
yt. even tho' there should be no appeal, ye Bishop shoud have
an exact acct. of wt. had past. I send your Lordships some Acts
from hence, one for Monks Hill and one for ye Chancery, which
I hope will please yr. Lordsps. because 'tis chiefly my own, that
or some wt. like it is absolutely necessary. There is but one
thing in it I suspect, which is concerning ye 2 seals, but I coud
think of noe expedient. I beg this parting favour of yr. Lordsps.
yt. if you shoud not wholly approve it, you wd. however not
repeal it till I have ye honour of seeing yr. Lordsps., wch. will
be as soon after Xtmas as I can get a good passage from these
Islands or Barbadoes. Signed, Chr. Codrington. P.S. We
have yet noe news of ye Fleet. I shall receive ye General
as hansomly as I can. Endorsed, Reed. 9th, Read 21st Sept.,
1704. Holograph. 2| pp. [(7.0. 152, 5. No. 75 ; and 153, 9.
pp. 38-40.]
July 10.
Whitehall.
447. Council of Trade and Plantations to Mr. Secretary
Hedges. Enclose Capt. Lloyd's report, etc. of Mav 13. [C.O. 195,
3. p. 336.]
July 10.
Whitehall.
448. Council of Trade and Plantations to the Queen. Sum-
marize Governor Dudley's recent reports of the present state of the
Massachusetts Bay and New Hampshire. Recommend his applica-
tion for 500 small arms, " which would be of great assistance to the
friend Indians, who cannot purchase them, and encourage your
Majesty's subjects to defend themselves. ... He again complains
of the Government of Rhode Island and Lord Cornbury of
Connecticut. Whereupon we humbly observe that in July, 1694,
the then Attorney and Solicitor-General did report in the like
case that upon an extraordinary exigency happening through the
default or neglect of a Proprietor, or of those appointed by him,
or of their inability to protect or defend the Province under their
Government and the inhabitants in time of war or universal
danger, H.M. might constitute a Governor of such Province, as
well for the civil as military part of Government, and for the
protection thereof and of his subjects there ; which upon the
present occasion is humbly submitted to your Majesty's consider-
ation." [(7.0.5,911. pp. 358-364.]
July 11.
Whitehall.
449. W. Popple, jr., to Governor Dudley. Acknowledges
letter of April 20, which is being laid before H.M. You
will have timely notice of directions given thereupon.
Encloses letters for other Governors etc. [C.O. 5, 911. p.
365.]
212
COLONIAL PAPERS.
1704.
July 12. 450. E. Penhallow and N. Higbee to the Queen. Petitioners,
St. Christo- o f your Majesty's Royal and late Reformed Independent Company
phers. - n j.jjjg j s } an( j ; pray for arrears of pay etc. Signed, Nathaniell
Higbee, Emanuell Penhallow. 1 p. [(7.0. 239, 1. No. 6.]
July 12.
Boston.
451 . Humble Address of the Council and Assembly of the
Massachusetts Bay to the Queen. It is upwards of two years
since the arrival of Governour Dudley, for whose appointment we
formerly addressed your Majesty with the thanks of this Province ;
And we have been made sensible of his careful management of
your Majesty's Interests and the Government of your good
subjects, particularly of his great application and the cost expended
to have stedyed the Eastern Indians in their obedience to the
Crown of England and your Majesty's soveraignty over them,
whereof they have formerly made their repeated recognition, and
more lately renewed the same in two attendancies upon H.E. ;
yet through the influence of French Emissarys residing among
them, they have for 12 months past broken out and continued in
open rebellion, and with the assistance of French officers and
souldiers have committed diverse outrages and barbarous murders
upon many of your Majesties' good subjects. Which irruption
has obliged the Governour to garrison all the frontiers of more
than 200 miles extent, and to send forth greater and lesser party s
into the Desart, in places almost inaccessible, if possible to find
out those bloody Rebels in their obscure recesses, under covert
of a vast hideous wilderness, (their manner of liveing being much
like that of the wild beasts of the same) and to give check to their
insolencies. And there are not less than 1900 effective men
now in arms, under pay, upon our Eastern and Western Frontiers,
besides the vessels and men necessarily imployed for guarding
of the sea coast against the infestings of the French from Canada,
Port Royal and the West Indies, who endeavour to intercept our
supplies and disturb our Fishery, so that we are at an exceeding
great and almost insupportable charge, and see not the end
thereof. We are ready to thinke it highly reasonable that the
neighbouring Governments being secured thereby, should bear
a just Quota of the said charge, which is humbly submitted to your
Majesty's great wisdom to direct. We have therefore accounted
it our duty by an express humbly to lay before your sacred
Majesty the very distressing circumstances of your Majesty's good
subjects, who have hitherto chearfully undergone the sore fatigue
and charge of their defence and pursuits made after the enemy,
and that in the greatest severitys of the winter, exposing them-
selves to the last sufferings, being sensible that the advances
made by the Governour in the service have been absolutely
necessary, and that his care had been to keep the expence as low
as the emergencys would bear, and we doubt not of a good
concurrance at all times of the Council and Assembly with the
Governour, to advance both the men and money necessary to the
utmost of their ability. We crave leave also humbly to express
our just resentment and detestation of the piracys and robberies
lately committed by Capt. Quelch and Company, and we hope
AMERICA AND WEST INDIES.
213
1704.
July 12.
Boston.
the speedy justice that has been done upon those vile criminals
will vindicate the Government from the imputation of giveing
any countenance to, or favouring of such wicked actions. There
are several stores of war necessary for the safety of your Majesty's
interests within this Province, that cannot be supply ed here.
And if your Majesty of your Royal Bounty shall be graciously
pleased to order that they be supplyed out of your Majesty's
Stores, it will greatly encourage us in the service of your sacred
Majesty, being always resolved to maintain the honour and dignity
of your Majesty's Crown and Government over us, and by the
favour of Almighty God to maintain our station in this Province
etc. Signed, In the name and by order of the Council, Isa.
Addington ; In the name and by order of the Assembly, Jams.
Converse, Speaker. 1 large p. [C.O. 5, 863. Nos. 105; and
(duplicate) 105.L]
452. Memorial accompanying above Address. It is humbly
offered, as necessary for your Majesty's service within your Province
of Massachusetts Bay and for Defence of the same, that the following
supply be made of warlike provision : Two Frigatts for guarding
the Coast : Cannon for the new fortifications on Castle Island :
Powder, great and small shott : Fuzills or other good fire arms :
small gunners stores. Signed as preceding. Endorsed, Reed.
Read Jan. 25, 170|. 1 p. [C.O. 5, 863. Nos. 106 ; and
(duplicate) 106.i.]
453. W. Popple, jr., to Henry St. Johns. The Council of
Trade and Plantations desire you would order 2 horse grenadiers
to go down to Deal with the money for the pay of H.M. soldiers
in Newfoundland, for its better security. [C.O. 195, 3. p. 333.]
454. Col. Whetham to the Council of Trade and Plantations.
Col. John Johnson, made Deputy Governor of Nevis, July 1, 1703,
requests that orders may be given for the payment of his allowance,
and the Queen's Commission for that post. Signed, Tho. Whetham.
Endorsed, Reed. Read July 13, 1704. 1 p. [C.O. 152, 5. No.
76 ; and 153, 8. p. 327.]
July 13. 455. Governor Dudley to the Council of Trade and Plantations.
I lately humbly addressed your Lordships by way of Lisbon,
April 20, having had no direct conveyance from hence since the
Centurion, since which I have had no ill accident, notwithstanding
the appearance of the Indians everywhere in small partyes,
except the loss of one family at Northampton, where the Indians
again surprized them in the darke of the night. About six weeks
since, by some letters from Canada to Port Royal which I inter-
cepted, we had news of the march of 100 French and 200 Indians,
from Quebeck to joyne the Eastern Indians to make in all 1,000,
with direction to them to fall in to Pascataqua River to burn New
Castle and the fort there, and draw off immediately, and to
acquaint them that from Mount Reall at the same time the number
of 500 should fall upon our upper townes on Connecticot River ;
July 12.
Whitehall.
July 12.
214 COLONIAL PAPERS.
1704.
in prevention of which Col. Church with the forces I had Eastward
at Penobscot, very luckily fell upon that small Setlement of about
ten French familys, where he took the present sent those Indians,
and the Agent, one M. Gordeau, and 20 soldiers, the forerunners
of the Quebeck party, and about 40 souls more, women and
children, whom he sent with Gordeau prisoners hither with a
considerable booty, which I gave to his men, which I hope hath
diverted that expedition, and at the same time I sent 300 men
more into the Province of Mayne, least the enemy should oppresse
any weak part there, and to the westward upon Connecticot
River I have 200 men from Hartford from Connecticot Colony,
to whom that part is a frontier, and 200 of this Province who
are now going 200 miles above Deerfield upon Connecticot River,
to seek the rendezvous of the Mount Reall party, supposed to
be upon that River, about 200 miles above any English Setlement,
and these additions to the forces under Col. Church make up
1,900 men in pay with 20 sloops, put this Province to a very
great charge at present, under Col. Church I have 600 men with
the said 20 sloops and the Gospir friggot and the Jersy being here
from New York to fitt, I obtained of my Lord Cornbury to let
her keep company with the abovesaid forces into L'Accadia
and all along the coast, on both sides the Bay of Fundee, who
are now out, and have ranged all the coast from Kenebeck River
as far as St. Johns, and taken considerable plunder and burnt all
the Setlements where Casteen Le Flibu and other French Setle-
ment have long been, and are at this time gone over to the Port
Royal sid6, to see if it may be they may surprize the French
supplyes coming thither, where they are very poor, and to cut
the banks of their corne land, and let in the sea upon their meadowes,
which destroyes them for five yeares next coming, and if I had
had the favour of a 4th rate ship, added this spring, as I humbly
pray'd, I might, by the favour of God, have possessed Port Royall
with no other losse or danger than rideing before the place, and
preventing their supply from France, and the prisoners I have
tell me they have some moneths been at allowance, the Inhabitants
as well as the Garison ; and in the like condition they are at
Quebeck, as the letters we have taken of theirs informe us. To
support this great charge the Assembly, who sate the whole moneth
of June, have very frankly granted 23,OOOZ., and have given me
no objection to the number of ye forces, nor improvement of them,
but very readily and cheerfully submitted to the charge and
thank'd me for the advance of the forces, which is now the fifth
man in the Province, but I can obtaine nothing from Road Island,
from Connecticot I have 260 men in the upper townes upon that
River, which is truly their own frontier, but without any command
they come and goe as they please, sometimes by orders from
their own government, and sometimes without, and so it will
be while those Charters remaine, no money will be raised, nor
men under commands, while their neighbours are oppressed with
hard marches and great taxes, if this inequality (my Lords) were
at a great distance it might not easily be observed, but nothing
parts us but a brooke, we are in equal danger and can call to each
AMERICA AND WEST INDIES. 215
other, and a family of this Province pays a tax of 51., and his
next neighbour of equal estate pays not one cross. I am in great
want of pouder and small armes. I have strictly taken ye pouder
duly in specie, and have abbridged all unnecessary expence of
pouder, and the Lieutenant Governour and other Officers are very
carefull ; but the service and marching and removing will waste
it away, and armes are every day lost and spoyled, which I cannot
repaire here. If by any meanes this Province might be favoured
with H.M. bounty in these articles, I would engage for the good
husbandry and just expence of them. I have, as your Lordships
have directed, sent exact planns of the several fortifications in
both H.M. Provinces, with the number of cannon mounted, and
the wants we stand in, which I also humbly pray may be supplyed
according to H.M. gracious inclination in your Lordships' former
letters. It hath been the usage of this Province once in a few
yeares to conciliate and confirme their freindship with the
Maquaws and Five Nations, and I have written to my Lord
Cornbury to advise therein, and have accordingly provided for the
charge of Commissioners and a present about 5001. , which is
necessary to keep them steady, of which the French letters
intercepted complaine, and hath moved me to this present errand
and charge on their behalfe, and yet at last I doubt we shall loose
them, if we have not ministers amongst them to defeat the French
missionaryes, to whom they are infinitely bigotted. I am sencible
the papers your Lordships gave me a list of as wanting were
twice sealed up in my sight but both times lost, but the last
letters wherein those papers should have been were sealed at
Pascataqua, and by the carelessnesse of the Secretary left behind,
and yet I cannot expect any exact service there from a Secretary
whose salary is but 121. per annum, and the perquisites scarce
worth 51. more, beyond which profit that office hath not amounted
these 20 yeares. I am sencible I have troubled your Lordships
too often with the account of the Assemblies' refusal of ary
establishment of a salary for the Governour, which they are
obstinate in to the last degree, and so they are in their elections
of the Councill, the best men in all parts are left out, and men of
no principles in Government sent to the board, from whom I can
expect nothing but contradictions and opposition. Those
priviledges of election of Councillors are no manner of benefit
to these Provinces, but are scandalously used to support partyes
against the Honour of the Crowne and Government, and are
made opportunityes to affront every loyall and good man that
loves the church of England and dependance upon H.M. Govern-
ment, who to be sure shall never obtaine a vote though very
superior to others for learning and estates.
Amongst others the last year I gave Commission to Capt.
Plowman for a privateer gaily, who was a man of undoubted
probity and courage, and was very well equipt by Merchants
of this place, and sailed from hence Aug. 1, 1703, but falling
sick his company resolved to alter their course from the River of
Canada, whither they were bound, and two daies after he was
found dead in his cabbin, and then his Leiutenant and company
216 COLONIAL PAPERS.
1704.
sailed for the coast of Brasill, where they robbed nine Portugall
vessells in a moneths time, took about 10,OOOZ. of treasure, kill'd
one Portugall Captain, and upon the coast in their returne tore
and reforme'd their Journalls, but coming into harbour were soon
suspected and committed to prison, and have since been found
guilty, 20 of them, the greatest Rogues of them, early escaped ;
however I have, I hope, attended the Act of Parliament and
H.M. Instructions, and have executed six of them, that is the
captain and master, who were the ringleaders, the person that kept
Plowman close and would suffer 110 man to speak with him, the
man that shot the Portuguese Captain after he got on board his
ship, and there are yet 14 condemned left in chains that are young
and ignorant fellowes, objects of H.M. mercy if she pleases, and I
humbly pray your Lordships that it may be represented to H.M.
for her royal pleasure and commands therein. The whole pro-
ceeding is inclosed, which I ordered to be printed, it being a
very new thing, and seeming very harsh to hang people that
bring in gold to these Provinces. I have used all possible means
to surprize their treasure, and have got above halfe of it, the
receipt of the gentlemen appoynted to receive and secure it is
enclosed, and I humbly waibe H.M. pleasure for the disposall
thereof. There is a considerable charge in seizing of it in severall
parts of the countrey at great distances, which I have allowed
and ordered to be paid. If H.M. shall see meet to allow any part
thereof for my care, or the service of Lieutenant Governor Povey,
I shall thankfully accept it, especially since the Province will do
so little for the support of the Government. I have also sent home
Captain Laurence and [? Larimore, Ed.], and his Lieutenant, John
Wells, who have made themselves accessories after the fact by
hideing and carrying away of the said pirates, with the proper
evidences against them, as I am commanded. If H.M. shall
please to extend her royal grace to those that remain here in irons,
their suffering will be long and hard, and the executions paste,
I hope, will forever be a warning to such evill men here. I pray
I may be pardoned for any mistake in the tryals, the proceedings
here being wholly new, and that I may have H.M. direction for
what remaines in this affair. I formerly acquainted your
Lordships that the Representatives in their Assembly, the last
year, sent home a private Address, without my knowledge or
advice, which I humbly pray your Lordships will acquit me of,
being referring to Pemaquid etc., and if it be a fault (that matter
being commanded by H.M. to be sollicited by the Governour)
to give him the go by, I humbly pray they may be advised of it
by your Lordships. In the last Assembly they have done better
and prayed that a Committee might be allowed to attend me with
an Addresse to H.M. which is enclosed in this packet and I humbly
pray that it may be countenanced by your Lordships, and the
prayers therein heard, what is represented of the pressure of the
warr being altogether true [see preceding, July 12]. Acknowledges
letters of Feb. 16, 170J. The Rhode Island packet is by my own
messenger safely delivered, and I hope will be so far obeyed as to
make the article of the Vice Admiralty more easy for the future,
AMERICA AND WEST INDIES. 217
1704.
but that of the Militia and the just use of theyr forces and expecta-
tion of a Quota from them will by no meanes be had, untill they
have farther commands from H.M., or a dissolution of their
Charter, which truly stands in the way of all Religion and good
Government. The grant of 5001. for the fort by the Assembly of
New Hampshire was truly as much as could well be collected
at one time under the present pressure of the war, but I have
done my endeavour to double it, by causing every man in the
Province, by 30 in a week, to worke at the Castle without pay,
which amounts to twice as much more as the tax, and yet it
will be too little for so important a worke for that Province. I am
in great need of great guns (as the account and planns shew) of
pouder and small armes, which I hoped to have received last yeare,
and can very ill defend the Province for want of it. I thank
your Lordships for the re-establishment of Col. Byfeild in the
Admiralty, he lately in his first court gave judgment against the
Charles gaily, out of which the privateers were taken, and his
judgment seems agreeable to the Law ; however the owners
have appealed to the Court of Admiralty in Doctors Commons,
as the Law a Howes, where if the judgment be confirmed it will
very much repute and steady the Government here. The allowance
by law and usage here is to give the Justices 4s. per diem out of the
fines during the Session lesse than what the Law of England
allowes, and I shall take care they do not passe it in neither Province,
and the remainder of the fines strictly comes into the Treasury.
The Assemblies refusall to vote the standing assistance for
New York, I took it the more greivously from them the last and
this year, because it had been no more than a dutifull submission
to H.M. commands, and would have cost them nothing, the
trouble being so pressing upon us, and my Lord Cornbury in peace
in his Government would have been much more ready to have
moved to our assistance than to have expected anything from
this Province, and if it might be thought meet that all the Provinces
on the shoar of America should contribute towards the war, it
would make it look like fellow subjects and concerned in the same
interest and duty to support H.M. Crowne and dignity. I most
humbly pray for the assistance of guardships for this great coast.
I most humbly thank your Lordships' acceptance of my service
so farr in raising men for the defence of the Province. I must do
the Assembly here that justice to say that tho' they have not
obeyed H.M. in providing for my support here, they have very
frankly submitted to my appoyntment at all times for numbers of
men and their support ; and I am bold to say, one reason hath
been that they are convinced of my sincere endeavours in their
service and for their support, and that not one man nor penny
hath been diverted from its just use and service designed, nor
have I by any means taken for myselfe or the Lieutenant Governour
one penny but what hath been known to them and seen in their
accounts at all times for the payment and support of their owne
men. Mr. Usher is in the Province of New Hampshire taking
care of the fortifications of which I have given him the command,
and Col. Romer is overseeing the work, although uneasy with a
218 COLONIAL PAPERS.
1704.
difficult and poor people. I hope Mr. Allen doth me the right
in his letters to say that he hath asked nothing of me for letters
or orders in his affaires that I have refused, he hath again begun
his actions with severall, and I hope they shall come home in the
order and method H.M. hath commanded, though many of the
people do every day submit and take leases of him, as he aquaints
me from time to time. I shall strictly obey your Lordships'
direction, referring to privateers' commissions when I have
the honour to receive them. I have published the repeal of the
two Acts of the Assembly of New Hampshire for the confirmation
of some grants and an act to prevent contention etc. and entered
the repeal in the Assembly books, and the avoydance of them
will, I think, much facilitate Mr. Allin's affair, they were both
made before my arrivall here, and I have often observed the
tendency of them since my coming. The last clause of your
Lordships' letter of Feb. 16 referrs to the settlement of a salary,
that matter being never to be obtained of this Government during
their present forme, I most humbly submitt myself to H.M. care,
and shall never neglect my duty in H.M. service, nor the just
interest of this Province notwithstanding while I may approve
myself e to your Lordships, whose commands will be alwaies
obeyed by me, while I am honoured with my present station.
Mr. Phipps gives me notice your Lordships have considered the
necessity of a Chancery Court to be established in this Province.
I am humbly of opinion your Lordships would have that power
lodged in the Governour for the time being, and a number of the
Council, as Masters of Chancery, or Assistants to that Court, and
it is most certain it would then be a just honour to H.M. and a
great benefit to the Province. I have written to Mr. Phipps
to attend your Lordships therein. These letters are sent expresse
upon a sloop I have employed on the Province charge on purpose,
and humbly pray your Lordships will let Capt. Gary the messenger
be as soon as possible dispatched, having nothing else to doe,
and that he may have protection for his Master and saylors on
board, and that the two prisoners and the evidences may be
disposed of as H.M. pleaseth, that he may return. Captain
Lawrance and Lieutenant Wells, the accessory es whom I am
commanded to send home, have these two last years done good
service, the first year Lawrance took 5 French prizes, since com-
manded a Company of voluntiers to Jamaica, and Wells his
Lieutenant, and did good service there and returned, but fell
unluckily there into this folly. I pray that if it may consist with
H.M. honour he may obtain his pardon. Signed, J. Dudley.
Endorsed, Reed. Dec. 23, Read Jan. 31, 1704 (5). 8J pp. [C.O.
5, 863. No. 107; and 5, 911. pp. 415-433.]
July 13. 456. Mr. Cox to [? W . Popple]. Encloses following on behalf
South wark. o f his brother, Samuel Cox, " wch. I hope will prevail with their
Lordships to readmit him into the Council of Barbados. Signed,
Charles Cox. Endorsed, Reed. July 28, Read Aug. 24, 1704.
| p. Enclosed,
AMERICA AND WEST INDIES. 219
1701
456. i. Council of Barbados to Charles Cox. Certificate as
to the innocence of Samuel Cox. Signed, John Farmer, Geo.
Lillington, Wm. Sharpe, Tob. Frere, Michael Terrill, David
Ramsay, Benj. Cryer, Thomas Merrwick, Robt. Johnstoun.
Addressed. 1 p. [(7.0. 28, 7. Nos. 38, 38.L]
July 13. 457. Council of Trade and Plantations to the Queen. There
being transmitted to us amongst many other Acts from the
Bermuda Islands an Act for raising a publick Revenue for the
support of the Government, and a dispute having arisen whether
the said Act was perpetual, some of the Assembly affirming that
there was a Clause of Limitation in the original Act for determining
the same in two years, but no such clause appearing to us, we did
thereupon consult Sir Thomas Trevor, then Attorney General,
who reported " that the continuation of the said Act is not limit ted
to any certain time, but that it is a perpetual Law." And that
we might have a further information in this matter, we did write
to Col. Bennet requiring him to send us a copy of the said Act
as it stands upon the Records, as likewise of that which was
called by those Assembly Men the original Act, both of them
under the seal of the Island, together with authentick copys of
the Journals of the Assembly, wherein that Act was past. In
answer whereunto Col. Bennet has acquainted us, that upon his
enquiring for that which was called the original Act, it could not
be found, nor any Journals or Minutes of the Assembly, relating
thereunto, but has sent us a copy of the said Act, under the publick
seale, as it stands upon Record, attested by Charles Minors,
Clerk of the Councill and Secretary of those Islands, wherein there
is no limitation of time for the continuance of the said Act, so it
appears to us according to the opinion of the said Attorney
General to be a perpetual Law, which being for raising a Revenue
for the support of your Majesties Government, we humbly offer
that your Majesty be pleased to give your royal assent to the said
Act, and that a letter be writ to your Majesties Governour and
Councill to cause that the same be put in execution, and that they
do not pass any temporary law in derogation of the said Act.
[(7.0. 38, 6. pp. 36-38.]
July 13. 458. Council of Trade and Plantations to the Queen.
Whitehall. Commissions having been granted by his late Majesty to all the
Governours in America for the tryal of pirates, in pursuance of the
Act of 1700, for the more effectual suppression of piracy, and
Governor Sir B. Granville having transmitted to us the Report of
the Attorney and Sollicitor Generall of that Island containing their
reasons why upon the demise of his late Majesty no proceedings
can now be had upon the Commission to the Lord Gray, late
Governor of Barbados, we have thereupon consulted your Majesty's
Attorney General, who is of opinion that it is necessary that a
new Commission be issued out in your Majesty's name pursuant
to the said Act, whereupon we humbly offer that such Commission
be renewed for all the Governments, amongst which we have
comprehended the Bahama Islands as formerly, to take effect
220
COLONIAL PAPERS.
July 14.
Whitehall.
July 14.
Whitehall.
July 15.
Whitehall.
1704.
when those Islands shall be resetled and brought under a regular
Government, they remaining uninhabited since their being
destroyed by the French and Spaniards, and in order thereunto
we humbly lay before your Majesty the names of Commissioners
to be inserted in each respective Commission, which we are
humbly of opinion may be prepared by your Majesties' Attorney
and Solicitor General, and dispatched to the Plantations by the
first opportunity. Annexed.,
458. i. Names of Commissioners for trial of Pirates in the
Plantations. [(7.0. 324, 8. pp. 481-505.]
459. W. Popple to W. Lowndes. The Council of Trade and
Plantations have sent to Jamaica the observations of my Lord
Treasurer upon the Revenue Act, to the end that provision
may be made for those particulars in a subsequent Act. They
desire to know if he has any objection why the said Act may not
be laid before H.M. for her Royal confirmation. [(7.0. 138, 11.
p. 294.]
460. Council of Trade and Plantations to Governor Sir W.
Ma the w. Give instructions as directed by Order of Council on
case of Peter van Belle [see July 6]. [<7.0. 153, 8. pp. 328, 329.]
461. W. Popple, jr., to Mr. Borret. The Council of Trade
and Plantations send you the following letter to Mr. Attorney or
Mr. Solicitor General for either of their opinions upon two Acts
past at Nevis in February, which you are desired to procure as
soon as may be. They also desire you to solicite Mr. Attorney
General for his opinion upon the Virginian bills in his hands, it
being absolutely necessary for H.M. service that they be dispatched
before the sailing of the convoy, which will now very shortly
be ready, and will be the last opportunity of sending thither
this year. [(7.0. 153, 8. p. 330.]
462. W. Popple, jr., to Mr. Attorney or Mr. Solicitor General.
Encloses, for opinion in point of law, the two Acts of Nevis, for
establishing of Courts and settling due methods for the administration
of justice ; and for the better Government of negroes and other
slaves. [(7.0. 153, 8. p. 331.]
463. Council of Trade and Plantations to Governor Nicholson.
It is H.M. pleasure that you give us a particular account of the
pitch and tar made in Virginia, and offer what you think necessary
to be done for the promoting and incouraging the production of
that commodity in Virginia, and that in the meantime you do all
that lies in your power for the incouragement of merchants who
may send such naval stores to England. [(7.0. 5, 1360. p. 491.]
July 17. 464. Mr. Partridge to the Council of Trade and Plantations.
Tar, pitch and rossin will not be made a trade from the Plantations
as tobacco and sugar is, for they may be had nearer home and
much cheaper than from the Plantations. But it would be the
July 15.
Whitehall.
July 15.
Whitehall.
AMERICA AND WEST INDIES. 221
1704.
interest of England to have all supplies from the Plantations
although paying Jth more. If H.M. had her Naval Stores thence
it would be such an employ for the people there that they would
be able to make good payment for the goods they have from
hence etc. Proposes to furnish tar at 37s. Qd. per 30 gall., pitch
at 175. per hundred and rosin at 18s. per hundred, with an allow-
ance of 3Z. per tun and duty taken off, etc. Those masts the
French bring from New England are got in H.M. Government at
St. George's River, but little from Pemiquid. The French have
no masts in all their Government ; there is no pines or very few
grows E. or N. of St. George's River, which is but 12 leagues E. of
Pemiquid, and if H.M. would cause a Fort to be erected at Pemi-
quid, and send 200 soldiers for 3 years and then lett them settle, we
should soon beat the French out there and H.M. right defended,
which would in a few years be a bigger trade than Boston, the
bigger the Trade the more advantage to England. Signed,
Wm. Partridge. Endorsed, Reed. Read July 18, 1704. 3J pp.
[(7.0. 5, 863. No. 108 ; and 5, 911. pp. 366-372.]
July 17. 465. Additional Instructions to Governor Lord Cornbury.
Given at our Castle at Windsor, July 17, 1704. Whereas by the
third Article of our Instructions to you, according to several Laws
relating to Trade and Navigation, you are required to take care
and give in charge that no goods or commodities whatsoever be
imported into or exported out of our Province of New Jersey,
under your Government, in any ships or vessels but in such
whereof the Master and three fourths of the mariners at least
are English ; and whereas by a clause in an Act past the last
session of Parliament, entituled, An Act for raising recruits for
the Land-forces and Marines, and for dispensing with part of
the Act for the encouragement and increase of Shipping and Naviga-
tion during the present war ; (copy whereof you shall herewith
receive) it is enacted, that during the present war, and no longer,
the number and proportion of mariners to sail in such ships or
vessels, which by laws now in force are limited to the Master and
three fourths of the mariners to be English, shall be enlarged to
the Master and one moiety of the mariners at least to be English ;
it is our will and pleasure that you take care and give in charge
to the proper officers, that the said Act be observed in our said
Province of New Jersey under your Government, during this
present war accordingly. Annexed,
465. i. Copy of Clause of above Act. [0.0. 324, 8. pp. 477-
481 ; and 5, 994.A. pp. 164-168.]
July 17. 466. Similar Instructions to Governor Sir B. Granville.
[(7.0. 29, 8. pp. 439-444.]
July 17. 467. Similar Instructions to Lt. -Governor Bennett. [(7.0.
38, 6. pp. 16-20.]
July 17. 468. Similar Instructions to Governor Seymour. [(7.0. 5 ;
726. pp. 284-286.]
222
COLONIAL PAPERS.
1704.
July 17.
July 17.
July 17.
July 17.
July 17.
July 17.
July 18.
Whitehall.
July 19.
Whitehall.
July 19.
Whitehall.
469. Similar Instructions to the several Proprietors of H.M.
Colonies in America. [C.O. 5, 1291. pp. 42, 43.]
470. Similar Instructions to Governor Nicholson. [C.O.
5, 1360. pp. 487-490.]
471 . Similar Instructions to Lord Cornbury, Governor of
New York. [C.O. 5,1120. pp. 107-110.]
472. Similar Instructions to Governor Dudley. [C.O. 5, 911.
pp. 354-358.]
473. Similar Instructions to Governor Sir W. Mathew.
[C.O. 153, 8. pp. 322-326.]
474. Similar Instructions to Governor Handasyd. [C.O. 138,
11. pp. 289-292.]
475. Council of Trade and Plantations to the Queen.
Recommend for H.M. approbation several Acts of Bermuda
1690-1694. [Cf. Dec. 6, 1703.] Recommend for Repeal (1) An
Act for preventing differences about dry goods imported, whereby
it is enacted that the oath of the Importer of such goods being
brought from some of your Majesty's Plantations in America shall
be sufficient for clearing of such goods and the vessel importing
the same, which we judge an insufficient provision against illegal
imprisonments. (2) An Act for the liberty of the subject. [See
Dec. 6, 1703.] (3) An Act for liberty of the subject from illegal
imprisonment. No Act of that nature [see Dec. 6.] having been
allowed by your Majesty's royal predecessors in the Plantations,
we are of opinion this Act be repealed, and that for the satisfaction
and ease of the inhabitants such Instructions be given under your
Majesty's signet and sign manual to the Lieutenant -Governor as
may in the best manner secure the liberty and property of your
Majesty's subjects, and prevent any hardships by long and
unreasonable imprisonment in the said Island, in the like manner
as your Majesty has been pleased to order upon an Act of the
same nature in Barbados. (4) An Act about shipping, enacting
that ships may load and unload in any Port or harbour, which
is contrary to the Instructions constantly given to the Governors
etc. [C.O. 38, 6. pp. 39-45.]
476. Council of Trade and Plantations to Mr. Secretary
Hedges. Enclose extract of Governor Handasyd's letter of
May 4th relating to some French prisoners sent home. [C.O. 138,
11. pp. 299, 300.]
477. Council of Trade and Plantations to .Mr. Secretary
Hedges. Recommend Mr. Partridge's proposals (July 17). We are
of opinion that an encouragement given to him may be a proper
means to give a beginning to this trade. [C.O. 5, 911, p. 373.]
AMERICA AND WEST INDIES. 223
1704.
[July 19.] 478. Wm. Partridge to the Council of Trade and Plantations.
I am ready to give security for my performing my proposals for
importing tar, etc. (10,000 barrels for 7 years as July 17). Signed,
Wm. Partridge. Endorsed, Reed. Read July 19, 1704. f p.
[(7.0. 5, 863. No. 109; and 5, 911. pp. 374, 375.]
July 20. 479. Certificate by Col. Whetham that Governor Codrington
appointed Col. Johnson [see July 12] his Deputy Governor etc.
Signed, Tho. Whetham. Endorsed, Reed. Read July 21, 1704.
1 p. [C.O. 152, 5. No. 77 ; and 153, 8. p. 332.]
[July 21.] 480. W. Wharton, Agent for Lt.-Gov. Usher, to the Council
of Trade and Plantations. No allowance has been made by the
Crown or Province to the Lt.-Gov., some of the leading men in
New Hampshire, being his inveterate enemies, purely on account
of his loyalty to the Crown and the check he gives to their
irregularities, hindering the Province from settling any salary
upon him. Prays that an effectual Order may pass for the settle-
ment of a salary, etc. Endorsed, Reed. Read July 21, 1704. 1 p.
[C.O. 5, 863. No. 110 ; and 5, 911. pp. 375-377.]
July 22. 481. Lt. -Governor Bennett to the Queen. Capt. Lancelott
Philadelphia. Sandys being dead, petitioner prays, in consideration of the
smallness of his salary and his care in putting the country into a
defensible condition, that H. M. will grant him a Commission
for the company of soldiers in Bermuda now vacant. Signed,
Ben. Bennett. 1 p. [C.O. 37, 26. No. 4.]
July 24. 482. J. Moore to the Bishop of London. Announces death
Philadelphia. o f Collector for this Port. Col. Quary has put me into that office
till the Commissioners shall otherwise dispose of it etc. Mr. Penn
and his creatures I expect will appear strenuously my opponents,
but I trust in your Lordship's favour to surmount them all.
Signed, J. Moore. Endorsed, Reed. Read Nov. 14, 1704. 1 p.
[C.O. 5, 1262. No. 87.]
July 25. 483. Council of Trade and Plantations to Governor Dudley.
Whitehall. Enclose Commission etc. for enquiring into case of the Mohegan
Indians. [C.O. 5, 911. pp. 377-379.]
July 28. 484. Governor Handasyd to the Council of Trade and
Jamaica. Plantations. Acknowledges letter of May 24. As to the accounts
of the Revenue which you are pleased to mention, I have
sent to the Deputy Receiver, Mr. Chaplain, whose answer I
hourly expect. The answers he formerly gave me were that he
had constantly sent the accounts from time to time, and could
not have them writ over again here without a great deal of charge,
it being a much greater fatigue here than in a cooler country.
As to what your Lordships mention about the Spanish letters,
I must own that I did believe it a thing of no ill consequence,
but rather an advantage, since it was to have been made publick
to all Spaniards, which I gave no body an account of but my
224 COLONIAL PAPERS.
1704.
Lord Nottingham, your Lordships and one gentleman in London,
who is Agent to my Regiment, but for the future I shal take care
that no body shal have notice but those that ought to have.
Encloses Acts and Minutes of Council, and a list of the fleet, that
sailed from Port Royal July 1 1 under the convoy of three of H M.
men-of-war, with the number of men, gunns, tunn, French prisoners
etc. H.M.S. Nonesuch has a great mortality on board her, having
lost 70 odd men, besides 100 sick ashore. I am using all the
endeavours I can to put what soldiers can be spared aboard
her to get her out a cruize to sea, in hopes by that means to recover
the men's healths. I have written to H.R.H. Secretary, acquaint-
ing him of this necessity we lye under for want of sailors and a
supply of Naval Stores, which we cannot be furnished with here.
H.M.S. Guernsey, with the ships under her convoy, is not yet
arrived, but we dayly expect them. The island is at present
healthy, we are very quiet, not having lately any disturbances
from our neighbourhood. The Assembly is to meet Sept. 21,
at which time (after having cooled themselves in the country)
I hope they will be in a better humour to take care of the Officers
and soldiers of the two Regiments, conformable to H.M. and your
Lordships' letters, but altho' one of the worst of them, Mr. Totter-
dall, is expelled the House, yet I am afraid there are several more,
who endeavour to oppose publick authority, but I hope they will
be catcht in the same snare that malicious man was. I have
acquainted the Storekeeper and Agent -Victualler of H R.H.
pleasure, that they should immediately return to England. We
have had a small insurrection of negroes, about 8 days ago, but
having timely notice prevented any great mischief by sending
both horse and foot after them. They attacked two or three
places, burnt only one house and wounded one man ; there were
more than 30 negroes, several of which had got firearms plunder 'd
and took out of houses. We have taken and destroyed 12 of
them, and are still in pursuit of the rest : I must own that I am
more apprehensive of some bloody design from them, than any
other enemy, but all imaginable care shall be taken to prevent it.
Their numbers being so very great and the whites so few, makes
me wonder that they have not before this destroyed us all, there
being in some Plantations 200 or 300 negroes to one or two white
men. I can't yet learn whither it was a general design among
them, altho' I make all the enquiry into it I can.
P.S. Just now arrived H.M.S. Guernsey with the Roundhust
gaily, Ann and Susanna and Richard and Sarah, by which I have
received H.M. Commission for Governor in Chief, which next to
H.M. I owe to your Lordship's favours, and will faithfully
endeavour to deserve them. I have likewise received my Lord
Nottingham's letter in relation to trade, and the Gazette of Aug. 10
with H.M. Instructions therein mentioned, shall be punctually
observed. Signed, Tho. Handasyd. Endorsed, Reed. 9th, Read
Sept. 21st, 1704. 3 pp. Enclosed,
484. i. List of Fleet bound for England, referred to above. 1 p.
[(7.0. 137, 6. Nos. 60, 60. i. ; and (without enclosures),
138, 11. pp. 328-333.]
AMERICA AND WEST INDIES. 225
1704.
July 28. 485^ Jeronimy Clifford to the Council of Trade and Planta-
London. tions. If they had been designed to make dispatch, the merchants
considering my accounts could have ascertained the sum due
to me in 14 days. Prays for relief etc. Signed, Jer. Clifford.
1 p. Endorsed, July 28, Read Sept. 12, 1704. 1 p. [C.O. 388,
75. No. 97 ; and 389, 36. pp. 201, 202.]
j??- 486 - Commandant S. Beeckman to [? the Directors of the
Aug. 10. Dutch West India Company]. See Venezuelan Boundary Com-
mission, Appendix to Report. Dutch. 18 pp.
486. i-ix. Muster-rolls, Bills of Lading, Inventories of Stores,
and List of medicines needed etc. 26 pp. [C.O. 116,
19. Nos. 21, 21.i.-ix.]
Aug. 3. 487. Order of Queen in Council. Upon Representation of
St. James's. j u i y ig, ordered that the Council of Trade and Plantations prepare
a draught of an Instruction to the Lieut. -Governor of the Bermuda
Islands for the securing the liberty of the subject from illegal
imprisonment as proposed. Signed, Edward Southwell. Endorsed,
Reed. Read Aug. 17, 1704. 1 p. [C.O. 37, 6. No. 19; and
38, 6. pp. 54, 55.]
Aug. 3. 488. Order of Queen in Council. Confirming Laws of
St. James's. Bermuda, as recommended in Representation of July 18. Signed
and endorsed as preceding. 4 pp. [C.O. 37, 6. No. 20 ; and
38, 6. pp. 64-68.]
Aug. 3. 489. Order of Queen in Council. Repealing 4 Acts of
St. James's. Bermuda as recommended in Representation of July 18. Signed
and endorsed as preceding. 1J pp. [C.O. 37, 6. No. 21 ; and
38, 6. pp. 69-71.]
Aug. 3. 490. Order of Queen in Council. Approving Representation
St. James's. o f July 13, and ordering the Council of Trade and Plantations
to write to the Governor and Council of Bermuda to cause the
Act for raising a Public Revenue to be put in execution, and to
take care not to pass any temporary Law in derogation of the
said Act. Signed, Edward Southwell. Endorsed, Reed. Read
Aug. 23, 1704. | p. [C.O. 37, 6. No. 22; and 38, 6. pp.
71, 72.]
Aug. 3. 491. Order of Queen in Council. Upon reading Representa"
St. James's, tion of July 10, ordered that the directions given by H.M. letters
to Col. Dudley relating to the building of Pemaquid Fort, and
setling a salary upon the Governor and Lt. Governor be renewed.
The Lords Commissioners of Trade to prepare draughts of letters
accordingly. Signed, Edward Southwell. Endorsed, Reed. 14th,
Read Aug. 16th, 1704. 1 p. [C.O. 5, 863. No. 113; and
5, 911. p. 382.]
Aug. 3. 492. Order of Queen in Council. Extract of Representation
St. James's. o f July 10, relating to ships of war to guard the coasts of the
Massachusetts Bay and New Hampshire, to be sent to H.R.H.
Wt. 2710. C 15
226 COLONIAL PAPERS.
1704.
the Lord High Admiral, to give such orders therein as he shall
see most fitting. Signed, Edward Southwell. Endorsed, Reed.
14th, Read Aug. 16th, 1704. f p. [C.O. 5, 863. No. 112 ; and
5, 911. p. 381.]
Aug. 3. 493. Order of Queen in Council. An extract of the
St. James's. Representation of July 10, relating to the Charter Governments
of Rhode Island and Conecticutt, to be sent to Mr. Attorney
and Mr. Solicitor General, who are to consider the same, together
with the opinion of the Attorney and Solicitor General in 1694,
therein mentioned, and to report their opinion to H.M. at this
Board what they conceive H.M. may legally do upon these and
the like complaints against them. Signed, Edward Southwell.
Endorsed, Reed. 14th, Read Aug. 16th, 1704. 1 p. [C.O. 5, 863.
No. Ill ; and 5, 911. pp. 379, 380.]
Aug. 3. 494. Order of Queen in Council. Approving Representation
St. James's, of July 13, and directing the Attorney and Solicitor Generall
to cause Commissions to be prepared accordingly. Signed,
Edward Southwell. Endorsed, Reed. 14th, Read Aug. 16th.
[C.O. 323, 5. No. 61 ; and 324, 9. pp. 30, 31.]
Aug. 4. 495. Mr. Sansom to W. Popple, jr. In reply to letter of
Custom-house, ^gr. 1. The Commissioners of Customs have dispatched their
London. report upon the two gills of Virginia. [See Aug. 10.] They
have nothing to object, etc. Signed, Jno. Sansom. 1 p. [C.O. 5,
1314. No. 28.]
[Aug. 4.] 496. Attorney General to the Council of Trade and
Plantations. Report upon 4 Bills of Virginia. (1) The Act
for the better securing the liberty of the subject is the same with
the Habeas Corpus Act in England, wch. hath been before
attempted to be pass't in the Plantations, but it hath been thought
that H.M. Instructions to ye Governour is all that is reasonable
to be done there, and that the passing this Act there will be
prejudicial to H.M. and the Realm of England on which the
Plantations depend, and will tend to make them independant.
Therefore I am of opinion no countenance ought to be given to
a Bill of this nature there. (2) As to the Act for limitation of
actions and avoiding of suits, I have no objection against it, but
think it may be a beneficial law for quieting ye country, and is
the same Law that has been pass'd in this Kingdom. (3) As to
the Act for establishing County Courts etc., I cannot approve of
erecting Courts in ye Plantations by the Acts of ye Assembly,
that authority being lodg'd in ye Governour by virtue of ye
Queer's Commission. This Act directs monthly Courts to be
kept in each County, to consist of 8 Justices of ye Peace to be
commissioned by ye Governour by and with the consent of the
Council or five of them at least, wch. alters ye authority of the
Governour given by H.M. By this Law the Justices are required
to sign the Association, wch. is now abrogated. The said Courts
to be erected will hereby have power to hear and determine all
AMERICA AND WEST INDIES. 227
1704.
causes wt. soever within their respective countys, except criminal
causes etc. Appeals are hereby allowed from these Courts to ye
General Courts, but no Appeal to H.M. in Council, wch. ought to
be reserved, if a Law of this nature pass, the County Courts
determining causes of all values, and in reserving such appeal, it
will be fit to allow such appeals in all causes exceeding such value
or of such nature to be mentioned, and in all other causes if H.M.
in Council shall direct such appeal to be allowed. By this Law
the Justices are to proceed to doe justice according to the Laws
of England and Virginia, by wch. all ye Laws of England may
be construed to be enacted there, and I am apt to think it is
intended, and therefore I am of opinion this is not fit to be in
the Act. This Act contains matters of different natures, wch.
is not proper to be allowed in ye same Act and other objections.
(4) As to the Act concerning the distribution of intestates' estates
etc. I am of opinion it varying in several particulars from ye Laws
now in force in England touching the distribution of intestates'
estates, it is not fitt to pass. Details given. If in lieu of this
Law an Act were prepared to make the estates of persons dying
intestate distributable in such manner as they are by the law
of England. I am of opinion it will be reasonable, and yt. to doe
more will be inconvenient and not practicable, in regard part of
ye personal estate, wch. may be in England, will not be bound
by this Law. Signed, Edw. Northev. Endorsed, Reed. 4th,
Read Aug. 15th, 1704. 3J pp. \C.O" 5, 1314. No. 29.]
[Aug. 4.] 497. Attorney General to the Council of Trade and Planta-
tions. I have considered the Act of Antegoa for establishing
Courts, which being exactly the same with that of Nevis, I refer
to my report on that, with this addition, that it is taken notice of
in this Law that there was a former Law made in this Island for
establishing Courts, which I have not seen. Signed, Edw. Northey.
Endorsed, Reed. Aug. 4, Read Dec. 14, 1704. 1 p. [C.O. 152, 5.
No. 78 ; and 153, 9. pp. 63, 64.]
Aug. 4. 498. Sir Edw. Northey to the Council of Trade and Planta-
tions. Returns Laws. Your Lordships having now under
consideration ye bodyes of ye Laws of ye Plantations, I desire
to propose one matter wch. I do not find sufficiently provided
for in any of the Plantations, the barring of estates tailes and
remainders depending on ym., the want of wch. will occasion many
suites. There are yt. doubt whether the statute of entailes
in England take place in ye Plantations though the settlements
are made there as if it were taken to be a law there ; if it be not
binding there, all such settlements will be of no use etc. Proposes
that it be declared by Acts to be passed in the Plantations, yt.
the Statute De donis conditionalibus (of entailes) be in force
there, and that in the Courts of Pleas there fines and recoveries
may be levied and suffered to be of the same force as of lands
in England, and also that fines and recoverys levied and suffered
in the Common Pleas at Westminster and transmitted to and
registred in the Plantations shall be of the same avail as if served
228
COLONIAL PAPERS.
1704.
Aug. 8.
Office of
Ordnance.
Aug. 10.
Treasury
Chambers.
Aug. 12.
Bermuda.
and suffered of lands in England, these are wanted and will be
of great benefit to the quiet of the Plantations, if passed, etc.
Signed, Edw. Northey. Endorsed, Reed. Read Aug. 15, 1704.
Holograph. 1J pp. [(7.0. 323, 5. No. 60 ; and 324, 8. pp.
506-508.]
499. Board of Ordnance to the Council of Trade and
Plantations. We have appointed Capt. John Rednap Engineer
for H.M. service in New England, New York and the neighbouring
Continent of America, in the room of Col. Romer. Signed, Wm.
Bridges, Ja. Lowther, Ja. Craggs. Autographs, p. Endorsed,
Reed. 12th, Read Aug. 17th, 1704. [(7.0. 5, 863. No. 114;
and 5, 911. p. 383.]
500. Wm. Lowndes to Mr. Popple. My Lord Treasurer
remits the report of H.M. Commissioners of Customs upon the
two Bills of Virginia transmitted to him April 25. He hath no
objection to the Lords Commissioners of Trade laying before H.M.
the Revenue Act for Jamaica for H.M. approbation. Signed,
Wm. Lowndes. Endorsed, Reed. 12th, Read 15th, 1704. 1 p.
Enclosed,
500. i. Report of Commissioners of Customs referred to in
preceding. Customhouse, London. Aug. 4, 1704. We
are humbly of opinion that what is conteyned in the
said Acts of Virginia [see Aug. 4] may be of advantage
to trade and to the Customs and other duties in Virginia,
and likewise to the Revenue arising by tobacco here
in general, and therefore have nothing to object to their
passing. Signed, A. Maynwaring, Sam. Clarke, T.
Newport, Rich. Breton. 1 p.
500. ii. Copy of an Act of Virginia for preventing frauds in
the Customs etc. 9 pp.
500. iii. Copy of an Act of Virginia for improving the staple
of Tobacco and regulating the size and tare of hhds.
7i pp. \_C.O. 5, 1314. Nos. 27, 27.i.-iii.]
501. Lt. Governor Bennett to the Council of Trade and
Plantations. I defer'd my answer to yours of Nov. 25, receiving
it just att the time I was making up my pacqt. In that letter
your Lordships observed that in the copy of a Comission I had
transmitted, there were blanks left for the month and day of
the date, and yet the year 1701 was expressed, which proved to
be delivered out in time [of] peace, etc. To which I answer
that pursuant to your Lordships' commands I ordered the
Secretary to write a copy of one of the Commissions I had granted
and told him it was only to satisfy your Lordships of their forme,
which he tells me was the occasion of those blanks, and I hope
your Lordships does not imagine I had any cunning or design
in it. As for granting Commissions in time of peace I att first
refused it, till presidents were shewn me, and it was affirm'd the
like had been in Sir Robert Robinson's time, and with submission
my Instructions does not mention anything relating thereunto
AMERICA AND WEST INDIES. 229
1704.
save only forbiding me to grant Comissions of War against any
Prince or State or their subjects in amity with H.M. But my
Patent from his then Majesty says " And forasmuch as divers
mutinies and disorders doe happen by persons shipt and employed
at sea, and to the end that such as shall be shipt and employed
at sea shall be the better governed and ordered, we do hereby
give and grant unto you full power and authority to constitute
and appoint Captains, Lieutenants, Masters of ships and other
Commanders and Officers, and to grant unto such Captains,
Lieutenants, Masters of ships and other Commanders and Officers
Commissions to execute the Laws Martial during the time of warr."
By which clause, together with the presidents as before, I
presumed I might lawfully appoint Capts. in time of peace under
this restriction, as not to impower them to execute the Laws
Martial but in time of war. And to prevent such constructions
for the future (as I conceive it was) in my now Patent from H.M.
that clause begins thus. " And for as much as divers mutinies
and disorders may happen by persons shiped and employed
and [? at] sea dureing the time of war, and to the end that such as
shall be shipped and employed att sea dureing the time of war,
may be the better governed and ordered, Wee doe therefore give
and grant unto you full power and authority to constitute and
appoint Capts., Lts., Masters of ships and other Commanders
and Officers, and to grant unto such Commissions to execute
the Law Martiall etc." By which (I think) it expressly limits
comissionating any but in time of war. I am very much
concerned at what mistakes I have made, and hope your Lord-
ships will not impute it to any ill intent, but to the contrary,
as may be judged by my answer to your Lordships' next remark
(vizt.) that the Comission I granted ought not to have been
given in an undetermined sence, against pirates, and the Queen's
enemys att large, but upon information of some especial occasion
that required them. For answer, I had an especial occasion,
for complaint was made to me that att Turks Islands pirates
frequently came and took vessells that were rakeing salt there
(on which is our chiefest dependance) and if I would encourage
persons by giving them Comissions, they would goe fitted and
man'd accordingly, which was the only reason I did comply ;
and att that time of peace I knew not how well to word those
Comissions otherwise than exprest in your Lordships' remarks,
and I took care to make them enter into security according to
the enclosed bond. As for the number of Comissions given out,
I enclose a list, and also a forme of a Letter of Marque, of which
I desire your Lordships' opinion, for there is not one vessell as
privateer now out from this place. By my brother I understand
your Lordships resents my enclosing any letters in your
Lordships' pacqts. other than what related to your Board. The
reason I presum'd it was I thought postage to all offices imediate
relateing to the Crown cost nothing. I ask your Lordps.' pardon
for what's past, and shall readily make satisfaction, and take
care not to intrude any more. I have by this conveyance sent
to my brother all the proceedings relateing to Capt. Jones, and
230 COLONIAL PAPERS.
1704.
affidavits to prove the Assembly's Articles against him. By his
letters to his friends here, he says they may expect him in a very
little time reinstated, which has so much revived his party (the
male-contents) that they publickly discourse my continuance
will not be long amongst them, and add that altho' Mr. Larkin
is said to be dead, yet by their interest they have almost
weather'd me. The people in general are under a great
dissatisfaction, and conclude that if Capt. Jones comes again
they must expect nothing but malice, revenge and cruelty in the
execution of his office, and with threatriing expressions say they
had as good dye of a fever as an ague. So under those circum-
stances I expect nothing but disturbances and complaints. As
for me if it be H.M. pleasure to restore him I must submit, but
he deserves usage sutable to my injurys which are very grevious,
for besides those sordid contrivances to hurt my reputation
whilst he was here, and those barbarous reproaches att Jamaica
(as appears by Mr. Greatbaches his affidavit formerly transmitted)
he has of en repeated all att Carolina, with other inventions to
scandalize me. My Lords, it's impossible for me to express his
affronts, and if he does return (and I consequently restrain 'd
from a due resentment) I hope your Lordships will not blame
me if I take my remedy att law, for should I doe nothing to justify
myself, I shall be reproached in all the English Plantations in
the West Indies, wherein it's very well known how I have been
abused by Mr. Larkin and him. Pursuant to the Assembly's
Address to me I have now transmitted under the publick seal
several articles and affidavits against Capt. Nelson, and also
have now sent the copy of a quietus to one whom I had give[w]
a Comission of the Peace, being the only Officer I have displaced
since my first regulateing the Government. Signed, Ben. Bennett.
Endorsed, Eecd. Feb. 12, Read March 6, 170f. Holograph.
4 pp. Enclosed,
501. i. Form of Letter of Marque, with Instructions and Bond
relating thereto, granted Lt. Governor Bennett.
Endorsed, Reed. Feb. 12, 170f . 3 pp.
501. ii. Copy of the Quietus of Capt. Samuel Stone, J.P., of
St. George's Town, for taking exorbitant fees etc. etc.
Signed, B. Bennett. April 26, 1704. Endorsed as
preceding. 1J pp.
501. iii. Address of the Assembly of Bermuda to Lt. Governor
Bennett, July 18, 1704. Whereas your Excellency was
pleased to lay before us H.M. Order upon Edward
Jones' petition etc., this House humbly requested your
Excellencie's favor in transmitting home our sentiments
and necessary records pursuant to that matter, and
we have some reason to believe that Gilbert Nelson,
late Chief Justice (being legally convicted of sordid
bribery and other high crimes and misdemeanours and
by lawful judgment of the Court fined for the same),
either already hath or doth intend to give your
Excellency and Government the same trouble and in
the same manner as Jones etc., for prevention thereof,
AMERICA AND WEST INDIES.
1704.
we pray that the Articles and copies of records of Court
at Nelson's trial may be transmitted home etc. p.
501. iv. Articles exhibited against Gilbert Nelson by the
General Assembly of Bermuda, 11 charges of abuse
of power, illegal arrests and receiving bribes etc. (Cf.
C.S.P., 1702. No. 1042.x.) Copy. 1 p.
501. v. Copies of Depositions supporting above charges,
1698-1701, by Samuel Trott, Charles Walker, Robert
White, Henry Tucker, Lewis Johnston, Richard
Peniston, John Dickenson, Samuel Spofferth. 10 pp.
501. vi. Copy of Proceedings at the trial and condemnation
of Gilbert Nelson, Dec. 3, 1701-Feb. 25, 1702, for
receiving a bribe as Judge in the case of George Tucker
v. Joseph Hovell, and as C.S.P., 1702, No. 1042.x., and
for maliciously imprisoning without examination Charles
Walker, Anthony White, Samuel Spofferth and Capt.
Thomas Harford, their complaining to the then Governor
and charging him with bribery; for extorting mony
from John Dickenson, by colour of the office of Chief
Justice and imposing unreasonable security ; for granting
a special Court contrary to the Act of Assembly ; for
malitiously false and scandalous words against Anthony
White ; and for illegally imprisoning Thomas Smith,
senr. 7 pp. Endorsed, Reed. Feb. 12, 170f . [C.O. 37,
7. Nos. 2, 2.i.-vi ; and (without enclosures) 38, 6. pp.
87-95.]
Aug. 15. 502. Mr. Popple to the Attorney General. Returns two
Whitehall. Acts of Virginia by Col. Jennings to give further information
on certain points. [C.O. 5, 1361. pp. I, 2.]
Aug. 15. 503. Memorandum [? by Sir Charles Hedges]. The Commrs.
of Trade send an abstract of pris'ners taken in New England.
They further desire to have the papers laid before them which
have been taken on board ye ship bound to Canada. J p.
Enclosed,
503. i. Extract of a letter from Gov. Dudley, April 20, 1702
(? 1704) referred to in preceding. \ p. [C.O. 5, 751.
Nos. 54, 54.L]
Aug. 17. 504. Order of Queen in Council. Ordered that the Council
St. James's. o f Trade and Plantations do send an account to one of H.M.
Principal Secretarys of State of the English prisoners that have
been lately taken by the French of Canada. Signed, John Povey.
Endorsed," Reed. Read Aug. 22, 1704. | p. [C.O. 5, 863. No.
115; and 5, 911. p. 385.]
Aug. 17. 505. Council of Trade and Plantations to the Board of
Whitehall. Ordnance. We are ready to give Capt. Rednap such Letters of
recommendation to the Governors as he may desire [see Aug. 8].
[C.O. 5, 911. p. 384.]
232
COLONIAL PAPERS.
1704.
Aug. 17.
Whitehall.
Aug. 17.
Whitehall.
Aug. 17.
Whitehall.
Aug. 17.
Whitehall.
506. Council of Trade and Plantations to the Queen.
Recommend the Revenue Act of Jamaica for H.M. approbation.
[C.O. 138, 11. pp. 300, 301.]
507. Council of Trade and Plantations to Governor
Nicholson. The bearer hereof, James Wallace, having thought
himself obliged with other inhabitants of Virginia, to give us
some informations which may be displeasing to you, and being
thereupon apprehensive of the effects of your displeasure upon
his return to Virginia, where the duty of his Ministry calls him,
and the Lord Bishop of London having further recommended him
to us, we accordingly recommend him to you, not to molest him,
but to give him all reasonable encouragement. [C.O. 5, 1361.
pp. 4, 5.]
508. Council of Trade and Plantations to Governor Nicholson.
Whereas we have already acquainted you that H.M. has been
pleased to direct that you return to answer the complaints against
you, and there being some informations come to us by the last
ships of great heats expressed by you against private persons
for matters that are or have been in difference or contest between
you, we do further think it for H.M. service and the quiet of the
Province, that you forbear (and discontinue if begun) any personal
resentment, prosecution or molestation whatsoever, upon your
own account against any person concerned in those complaints,
whilst the said complaints against you are depending and untill
H.M. have determined thereupon. [C.O. 5, 1361. pp. 2-4.]
509. Council of Trade and Plantations to the Queen. Enclose
following, as ordered Aug. 3. Annexed,
509. i. Additional Instructions to Lt. Governor Bennet.
Whereas we are above all things desirous that all our
subjects may enjoy their legal rights and properties,
you are to take especial care that if any person be
committed for any criminal matters (unless for treason,
felony or piracy plainly and specially express 'd in the
warrant of Commitment) such person have free liberty
to petition, by himself or otherwise, the Cheif Baron or
any one of the Judges of the Common Pleas for a Writt of
Habeas Corpus, which upon such application shall be
granted and serv'd on the Provost Marshall, Goaler
or other Officer having the custody of such prisoner,
or shall be left at the goal or place where the prisoner is
confined. And the said Provost Marshal or other Officer
shall within three days after such service (on the
petitioner paying the fees and charges and giving security
that he will not escape by the way) make return of the
writt and prisoner before the Judge who granted out
the said writt, and there certify the true cause of the
imprisonment. And the said Baron or Judge shall
discharge such prisoner, taking his recognizance and
sureties for his appearance at the Court where the offence
AMERICA AND WEST INDIES. 233
1704.
is cognizable, and certify the said writ and recognizance
unto the Court, unless such offences appear to the said
Judge not bailable by the Law of England. And in
case the said Judge shall refuse to grant a Writt of
Habeas Corpus on view of the copy of Commitment,
or upon oath made of such copy having been denyed
the prisoner or any person requiring the same in his
behalf, or shall delay to discharge the prisoner after the
granting of such writt, the said Baron or Judge shall
incurr the forfeiture of his place. You are likewise
to declare our pleasure, that in case the Provost Marshall
or other Officer shall imprison any person above 12
hours, except by a Mittimus setting forth the cause
thereof, he be removed from his said office. And upon
the application of any person wrongfully committed,
the Baron or Judge shall issue his warrant to the Provost
Marshal or other Officer to bring the prisoner before
him, who shall be discharged without bail or paying
fees. And the Provost Marshal or other Officer refusing
obedience to such warrant, shall be thereupon removed,
and if the said Baron or Judge deny his warrant he
shall likewise incur the forfeiture of his place ; you
shall give directions that no prisoner being set at large
by an Habeas Corpus be recommitted for the same offence,
but by the Court where he is bound to appear, and if
any Baron, Judge, Provost Marshal or other Officer
contrary hereunto, shall recommitt such person so
bailed or delivered, you are to remove him or them
from their places respectively. And if the Provost
Marshal or other Officer having the custody of the
prisoner neglect to return the Habeas Corpus or refuses
a copy of the Commitment within 6 hours after demand
made by the prisoner, or any other in his behalf, shall
likewise incurr the forfeiture of his place. And for the
better prevention of long imprisonments, you are to
appoint two Courts of Oyer and Terminer to be held
yearly, vizt. on the second Tuesday in December, and
the second Tuesday in June, the charge whereof to be
paid by the publick Treasury of our said Islands, not
exceeding 501. each Session. You are to take care that
all prisoners in cases of treason, felony or piracy, have
free liberty to petition in open Court for their tryals,
and that such as are prisoners for treason and felony,
be indicted at the first Court of Oyer and Terminer,
unless it appears upon oath, that the witnesses against
them could not be produced, and that they be tryed
the second Court and discharged, and the Baron or
Judge, upon motion made the last day of the Sessions
in open Court, is to bail the prisoner, or upon the refusal
of the said Baron, Judge, and Provost Marshal or other
Officer to do their respective duties herein, shall be
removed from their places. And that such as are
234 COLONIAL PAPERS.
1704.
prisoners for piracy be likewise tryed at the first Meeting
of the Commissioners appointed or to be appointed by
our special Commission for the tryal of pirats pursuant
to an Act of Parliament in that behalf, unless it appears
upon oath that the witnesses against them could not
be produced and that then they be tryed at the second
Meeting of the said Commissioners or discharged.
Provided always that no person be discharged out of
prison, who stands committed for debt, for any decree
of Chancery, or any legal Proceeding of any Court of
Records. And provided also that in case any Officer
in the said Islands do hold his place by vertue of our
Letters Patent, he be only suspended from the execution
of his place upon any misbehaviour as aforesaid untill
our royal pleasure be known. And for the preventing
any exactions that may be made upon prisoners, you
are to declare our pleasure, that no Baron or Judge
shall receive for himself or Clerks, for granting a Writ
of Habeas Corpus, more than 2s. 6d., and the like summ
for taking a recognizance, and that the Provost Marshall
shall not receive more than 5s. for every Commitment,
Is. 3d. for the Bond the prisoner is to sign, Is. 3d. for
every copy of a Mittimus, and Is. 3d. for every mile
he bringeth back the prisoner. And further you are to
cause this our Royal Pleasure hereby signifyed to you
to be made publick and registred in the Councill
Books of our said Islands of Bermuda. [(7.0. 38, 6.
pp. 57-63.]
Aug. 17. 510. Order of Queen in Council. Referring back draught of
St. James's, above Instruction to the Council of Trade and Plantations to add
the word piracy after felony, together with such other words as
they shall think requisite. Signed, Edward Southwell. Endorsed,
Reed. Read Aug. 25, 1704. f p. [C.O. 37, 6. No. 23 ; and
38, 6. p. 84.]
Aug. 17. 511. J. Thurston to Council of Trade and Plantations. The
Admiralty yesterday received advice that the Coventry man of
war, convoy to Newfoundland, has had the misfortune to be
taken by the French and carryed into Brest, and that several
ships under her convoy have been likewise taken. 471/. 13s. 9d.
of the soldiers' money was on board her etc. And although the
pro vision -ship is said to have escaped, yet if any accident has
befallen her elsewhere, if may be of the last ill consequence to
the garrison, as well as the want of their money, which may
cause them to desert, unless timely orders be given. Signed,
J. Thurston. P. 8. The Admiralty has appointed another man
of war, which will be ready in a week's time. Endorsed, Reed.
Read Aug. 17, 1704. 2 pp. [C.O. 194, 3. No. 28.]
Aug. 18. 512. W. Popple, jr. to Mr. Lowndes. The Council of Trade
Whitehall, and Plantations enclose preceding and recommend Memoriall to
the Lord Treasurer. And whereas there may be likewise danger
AMERICA AND WEST INDIES.
235
1704.
Aug. 18.
Whitehall.
Aug. 18.
Whitehall.
Aug. 22.
Barbadoes.
Aug. 22.
Whitehall.
of loosing the provision ship, and another convoy being appointed
for Newfoundland, their Lordships offer that a credit by a Letter
to Col. Dudley not exceeding 600. sterl. be sent by the said
convoy to the Commander in Cheif of the garrison there, that in
case the said provision ship be lost he may dispatch a vessell to
New England, and by vertue of such credit procure from thence
such provisions as shall be necessary, until! the arrival of the
shipping the next year. [(7.0. 195, 3. pp. 337, 338.]
513. Council of Trade and Plantations to the Lord High
Treasurer. Enclose account of incidental expenses of the office,
Christmas to Midsummer. We have examined the particulars.
Total 146Z. 195. Id. [C.O. 389, 36. pp. 198, 199.]
514. Receipt for a suit of soldiers' cloathing returned by
Lord Cornbury. Signed, Patrick Wardrope. Endorsed, Reed.
Aug. 18, 1704. | p. [C.O. 5, 1048. No. 89; and 5, 1120.
p. 111.]
515. Governor Sir B. Granville to the Council of Trade and
Plantations. Acknowledges letters of June <29. I shall very
carefully observe all the directions in both. I send a
duplicate of my last letter, but am not provided with duplicates
from the offices of the publick papers. I shall send them
by the fleet, which will sail the 1 4th of next month, and
consequently arrive about the same time with this. I shall
then also give your Lordships a further account of the publick
proceedings here. Since my last there has another alteration
happened in the Councill, Mr. Tobias Frere, a member of it,
being offended a Cause he had in Chancery w r as decreed against
him, did in open Court tell me he would come no more to Councill,
upon which the number being under 7, I put in Mr. John Mills
a person every way well qualifyed, and I doe intreat your
Lordships' confirmation of him. Mr. Tobias Frere did as little
deserve that honour as any man, being a drunken, swearing,
profligate person. One Mr. Richd. Downs did lately give me a
mandamus dated in Feb. last for him to be sworn into the first
vacancy of the Councill, there are two at present by the death
of Mr. Callow here and Col. Farmer in England, however, I have
not as yet sworn him in, he being a man of a very ill life, and
I doe believe will appear to have cheifly bin the occasion of the
not sending an advice-boat to General Codrington when Walker's
fleet was here. He was at that time Treasurer, and would not
lay out the money ; but of this I shall be able in my next to be
more particular. I am not very well in my health which must
be my excuse to your Lordships that I doe not enlarge further
at present. Signed, Bevill Granville. Endorsed, Reed. Read
Nov. 13, 1704. 3 pp. [C.O. 28, 7. No. 39; and 29, 9. pp.
83-85.]
516. Council of Trade and Plantations to Governor Lord
Cornbury. Recommend Capt. Rednap to his Lordship's pro-
tection and countenance. [C.O. 5, 1120. p. 112.]
236 COLONIAL PAPERS.
1704.
Aug. 22. 517. Mr. Champante to the Council of Trade and Plantations.
Restates Capt. Nanfan's case. There being no probability of
his accounts ever being settled in New York, pmys their Lordships
to interpose with my Lord Treasurer for his order for the
immediate payment to him of the 1,500?. lodged in Mr. Thrale's
hands, so that he may be at liberty to come over and account.
Proposes that sufficient security shall be given that Capt. Nanfan
shall stand the event of his accts. Signed, J. Champante.
Annexed,
517. i. Capt. Nanfan } s account with the Four Companys
of New York. Deb. Subsistance March 8-Dec. 24, 1701.
3,69H. 105. I0d., and nett clearings, Dec. 24-Jime 24,
1701, 22H. 05. Id. :=3,912/. 11s. 5d. 'Cred. Payments,
5,564J. 135. 5U. Balance, 1,652/. 2s. 0%d. Deb" 10 p.c.
of 3,912Z. 115. 5d. :=39ll. 5s. Cred. Payments.
549/. 105. 6fd. Balance 158?. 55. 6fd. The whole
endorsed, Reed. Read Aug. 24, 1704. 5 pp. [C.O. 5,
1048. Nos. 90, 90.i. ; and 5, 1120. pp. 210-215.]
Aug. 23. 518. E. Jenings to the Council of Trade and Plantations.
Prays the Board to consider his expenses in coming to England
with the Virginia Bills etc. Signed, E. Jenings. Endorsed, Reed.
Read Aug. 23, 1704. 1 p. [C.O. 5, 1314. No. 30 ; and 5, 1361.
pp. 6, 7.]
Aug. 23. 519. Nath. Blakiston, Agent for Maryland, to the Council
of Trade and Plantations. In obedience to H.M. injunction,
the Assembly of Maryland granted 300Z. of their quota toward
carrying on some fortification in New York, in response to
Petitioner's persuasion, he being then Governor, tho' they were
fully persuaded that the erecting the said fortification would be
of no use to the defence of Maryland. But before they would
advance anything, the Speaker with some of the Assembly told
Petitioner that it was his opinion, and I would assure them to
use my best endeavours if in case their neighbours, Virginia
and Pensilvania, did not advance their proportions likewise,
then the Ordenance of Assembly should be voyd, and Petitioner
did accept it upon those termes. But since Virginia nor
Pensilvania have not shown ye least inclination towards theire
quota, besides the fortifications that ye mony was given for
is laid a side and ordered to be erected else where. Prays, on
behalf of the Assembly, that they may be discharg'd from the
said Ordinance. Endorsed, Reed. Read Aug. 23, 1704. Holograph.
1 p. [C.O. 5, 715. No. 80 ; and 5, 726. pp. 287, 288.]
[Aug. 24.] 520. Mr. Lodwick to the Council of Trade and Plantations.
Prays for a speedy representation for confirming the Act of New
York reversing the proceedings against Col. Bayard and Mr.
Hutchins. Signed, Charles Lodwick. Endorsed, Reed. Read
Aug. 24, 1704. | p. [C.O. 5, 1048. No. 91; and 5, 1120.
pp. 203, 204.]
AMERICA AND WEST INDIES.
237
1704.
Aug. 24. 521 . W. Popple, jr., to Mr. Lodwick. Encloses following,
Whitehall, which the Council of Trade and Plantations send you, that you
may get Mr. Attorney's report, so as that they may have it time
enough to lay the same before H.M. at next Councill. [(7.0. 5,
1120. p. 208.]
Aug. 24.
Whitehall.
Aug. 24.
Whitehall.
Aug. 24.
Whitehall.
Aug. 24.
Whitehall.
522. W. Popple, jr., to Mr. Attorney General. The Council
of Trade and Plantations desire your opinion in point of Law
upon the [above Act of New York] as soon as conveniently you
can. [C.O. 5, 1120. p. 209.]
523. Council of Trade and Plantations to Gov. Dudley. Since
ours of July 11, we have received none from you. We enclose
H.M. letter directing your proceedings in relation to H.M. and
the Lord High Admiral's shares of prizes, which directions you
are punctually to observe. We likewise herewith enclose H.M.
additional Instruction relating to the Acts for Trade and
Navigation [July 17], which you are to observe, and to give
notice accordingly to all Masters and owners of vessells, and to
all other persons concerned in the collecting of H.M. Customes
or any ways inspecting the Navigation and Trade into, or out of
the Provinces under your Government, that they may regulate
themselves accordingly during the present war and no longer.
We desire you to forward the enclosed letter to the Governor
and Company of H.M. Colony of Rhode Island. The Lord
Cornbury having complained to us, that severall of his letters
which were sent by the way of Boston had been opened before
they came to his hands, we desire you to give strict orders to the
Post Officers or others imployed in the carrying of those letters,
that no such thing may happen for the future. [C.O. 5, 911.
pp. 386-388.]
524. W. Popple, jr., to J. Burchet. Encloses duplicate of
Heads of Enquiry etc. for Newfoundland. [C.O. 195, 3. pp.
338, 339.]
525. Council of Trade and Plantations to Governor Seymour.
We have received yours of May 23 and are very glad thereby
to understand your safe arrival in Maryland, after the fatigues
of so tedious and dangerous a voyage. We have received also
the papers therewith transmitted, which we shal in due time
peruse, and return you such answers thereupon as may be
necessary. In the mean time we take notice of what you write
about the ill state of the Militia, and that the principles of some
of the inhabitants (particularly the Quakers) and the poverty of
others (unable to provide themselves arms and ammunition)
do obstruct the reformation you wou'd endeavour to introduce.
You will take care that the Quakers, who will not bear arms
themselves, do by mony or otherwise substitute other persons
to perform that duty in their stead. And as to the poverty of
the inhabitants, we conceive that arms are to be provided out
of the fund of 3d. per hhd., and we do not doubt but you will find
238
COLONIAL PAPERS.
1704.
Aug. 24.
Aug. 24;
Whitehall.
Aug. 24.
Cockpitt.
Aug. 24.
Whitehall.
a competent sum in that stock, ready for that purpose, by which
arms may be provided here by the Agent of the Colony and sent
over to be distributed to the inhabitants that may want them,
upon their giving security to answer the value. As to Mr. Tench's
pretentions of having one half of the I2d. per hogshd. of such
tobacco as was cleared after your arrival, we can by no means
think it reasonable, and we doubt not but you will take care
accordingly. We inclose H.M. letter directing your proceedings
in relation to prizes etc. [Feb. 16]. We inclose H.M. additional
Instructions relating to seamen, etc. (July 17), which you are to
observe, and to give notice accordingly to masters and owners
of vessels and to all other persons concerned in the collecting
of H.M. Customs, or any ways inspecting the Navigation and
Trade into or out of your Government, that they may regulate
themselves accordingly, during the present war, and no longer.
[(7.0. 5, 726. pp. 297-299.]
526. W. Popple, jr., to Josiah Burchett. Encloses extracts
of letters from Governor Handasyd and Governor Sir B. Granville
to be laid before H.R.H. Council. [C.O. 138, 11. p. 313.]
527. Council of Trade and Plantations to Governor Nicholson.
Acknowledge letters of May 31 and June 6, which we shall answer
by the first opportunity. Enclose Instructions relating to shares
of Prizes [see Feb. 16], and to seamen [see July 17]. [C.O. 5, 1361.
pp. 21-23.]
528. Sir C. Hedges to the Council of Trade and Plantations.
Encloses Laws and Journals lately received from Virginia and
Maryland. I am to desire that you will let me know, if you can,
what prisoners the French have of ours in the West Indies. Signed,
C. Hedges. Endorsed, Reed. Read Aug. 25, 1704. Holograph.
1 p. [C.O. 137, 6. No. 62 ; and 138, 11. pp. 318, 319.]
529. Council of Trade and Plantations to Lt. Governor
Bennett. We are now to answer your letters of Oct. 19, Jan. 11,
Aprill 20, May 31 and June 10. By the letters writ you by the
Earle of Nottingham, relating to Trade with the Spaniards, you
will see how you are to govern yourself in this conjuncture, unto
which we have nothing to add. As to Daniel Smith, who you
say is under confinement on account of piracy, you are to proceed
against him according to Law. You have here inclosed the
duplicates of our letters relating to intelligence had in France
by letters taken on board Plantation ships, and .of our letter
inclosing H.M. Proclamation for settling the rates of foreign
coines, in the Plantations, the contents of both which we doubt
not but you will carefully observe. Whereas formerly a magazine
ship used annually to be sent from Bermuda laden with tobacco
to England, but no such ship having come of late, we desire you
to give us a particular account of the tobacco annually planted,
and what quantity is exported, and to what places, and how it
pomes to pass that no such magazine ship has been sent of late
AMERICA AND WEST INDIES. 239
1704.
years, which will be most properly done by a certificate under
the hand of the Collector of the Plantation dutys. Upon the
reason you give for not sending over the accounts of the Revenue,
because the Auditor was sick, we must observe that you ought
to appoint some other fit person to officiate in his stead during
his indisposition, to examine the said accounts before your self
in Councill, in order to their being regularly transmitted according
to your Instructions, and desire you to send us the accounts of
the Revenue since your Government, as also transcripts of the
Journals of the Assembly and Minutes of the Councill for the
same time, as likewise the Naval Officers' lists of ships entred
and cleared at Bermuda, and of all other papers of publick
Proceedings which you are directed by your Instructions to send.
We have laid before H.M. the several Laws past at Bermuda
from 1690 to 1694, and shall goe on with the rest. We send you
H.M. orders thereupon, that you may take notice thereof
accordingly, and take care that they be duly registered. Quote
Representation of July 18 etc. There are other Acts past in the
foresaid years, which we have not laid before H.M., vizt. An Act
for establishing and regulating Courts of Judicature, tho' we have
no particular objection thereunto, yet we consider that whilst
it is left in this manner unconfirmed (tho' in force) you may, as
you see occasion, get such alterations and additions made thereunto,
as may render it more full and perfect. An Act for vessells paying
powder money, upon which we must observe that the powder
duty ought to be paid in specie and not in money, and therefore
you will do well to get that rectifyed by a subsequent Act. There
are four other Acts vizt. An Act for trying any debts or difference
not exceeding 20s. by the Justices of Peace. An Act for recovery
of debts from persons insolvent. An Act quieting men's estates and
preventing law suits. And an Act for the alteration and amendment
of several Acts of Assembly, unto which Mr. Sollicitor General
having made some objections [Dec. 6] we send you the same here
inclosed, that you may also endeavour to get these Acts rectifyed
in the first Assembly. In the collection of the Laws of Bermuda
which you sent us, Oct. 19, we find the Act against bastardy
and incontinency, which was past in 1690 or 1691 to be wanting,
the reason whereof we desire you to inform us. But in the said
Collection, we find severall Acts said to be past in 1694, 1698
and 1701, which have not been formerly transmitted hither.
We send you therefore a list of the said Acts that you may examine
the same, and then inform us of the reasons why they were not
sent with the other Acts past in the foresaid years. Enclose
H.M. Instructions relating to shares of prizes [Feb. 16], and to
seamen [July 17]. Annexed,
529. i. List of Bermuda Acts contained in the body of Laws,
1703, which have not been formerly sent to this office.
[C.O. 38, 6. pp. 72-84.]
Aug. 24. 530. Council of Trade and Plantations to Governor Lord
Whitehall. Cornbury. We are to acknowledge the receipt of your letters
of June 17, 22 ? 24, 26 and 30, with the Papers therein referred to,
240
COLONIAL PAPERS.
1704.
Aug. 24.
Whitehall.
Aug. 25.
Whitehall.
Aug. 25.
Whitehall.
which we shall take into consideration and return our answers
by the first opportunity. In the mean time we shall only observe
that the Acts transmitted with the foresaid letters have not any
dates nor so much as the year of the sitting of the Assembly in
which they were past, and therefore we desire your Lordship
to inform us thereof by your first letter, and that for the future
your Lordship would take care that the* time of your Lordship's
passing any Acts be always certified by you at the end of the
said Acts. Enclose H.M. Instructions relating to shares of prizes
[see Feb. 16], and seamen [see July 17]. And whereas your
Lordship does by your letter of June 30 represent unto us that
the Colony is in want of all sorts of stores, having received none
from England since those your Lordship took with you, so that
you pray a supply, we are to observe to your Lordship that we
dispair of success in our application to the Queen for such supply
of stores untill your Lordship do give us an account of the disposal
of such stores as have been of late yeares sent to New Yorke,
and more particularly of those your Lordship took with you ;
and further we desire that upon occasion of such demand you
do enumerate the particulars and quantities, and to what use they
are to be applyed. P.S. We desire your Lordship to forward
the inclosed packet to the Govr. and Company of Connecticut.
[C.O. 5, 1120. pp. 204-207.]
531. William Popple, jr., to Mr. Low r ndes. The Council of
Trade and Plantations desire you to move the Lord High Treasurer
to direct Mr. Baker to take care of expediting the new Commissions
for trying pirates in the Plantations [Aug. 3]. [C.O. 324, 9.
pp. 31, 32.]
532. Council of Trade and Plantations to Mr. Secretary
Hedges. We do not know of any English prisoners taken by the
French in the West Indies, except those we have already mentioned,
and believe there are not any such from Jamaica, for that Col.
Handasyd has lately sent over several French prisoners, which
he would not have done, had there been any English in their
hands. Autographs. 1 p. [C.O. 5, 751. No. 53 ; and 138, 11.
pp. 319, 320.]
%
533. Council of Trade and Plantations to the Queen. Your
Majesty having given directions to your several Governors in
America to revise the Laws of their respective Governments and
transmit unto us a compleat collection thereof so revised, with
such alterations and amendments as might be most for your
Majesty's service and advantage of the Colony, Gov. Nicholson
has accordingly sent to us a collection of such Bills compiled by
a Committee of the Council and Assembly, by which the many
laws of Virginia are brought into a more methodical and
compendious form, which Bills we have taken into consideration
and have been attended therein by Mr. Jennings, Secretary of
your Majesty's said Coloney, and have consulted the Commis-
sioners of your Majesty's Customes upon such of those Bills as
AMERICA AND WEST INDIES.
241
1704.
Aug. 25.
Whitehall.
Aug. 25.
Whitehall.
Aug. 25.
Whitehall.
relate, to Trade as also your Majesty's Attorney Generall in point
of law, and having received their opinions and made such
alterations as we judge proper for your Majesty's service and
the benefit of that Colony, we humbly offer that the said Bills
be remitted back to your Majesty's Governor of Virginia, that
the same may be laid before the Councill and Assembly for their
further consideration, in order to their being passed into Acts
in the usual manner. [C.O. 5, 1361. pp. 24, 25.]
534. Council of Trade and Plantations to Governor Handasyd.
Enclose duplicates. We have received yours of May 4 and 19
and June 19. We have sent to Mr. Secretary Hedges what you
write in relation to the French prisoners sent home. We have
laid before H.R.H. the Lord High Admiral what you write about
the late Captain of the Sea Horse, about the Mermaid man of
war, and the want of spare masts to refit H.M. ships, as there
may be occasion, and we wish you had sent us the particulars
relating to the Sea Horse (as you promised to do in your next)
that we might have also laid the same before the Lord High
Admiral ; but however in all cases relating to H.M. ships of war
you are likewise to make immediate application to the Lord
High Admiral's Council, giving us at the same time notice thereof.
We have received the Acts and other papers transmitted with
your foresaid letter, but we must remind you of transmitting to
us quarterly, or as often as conveniently may be, the Naval
Officers' lists of ships entred and cleared at Jamaica, according
to your Instructions relating to the Acts of Trade and Navigation,
that we may have a perfect account of the state of the trade of
Jamaica. We have laid before H.M. the Act passed in November,
1703, for raising a publick revenue etc. which H.M. has been
graciously pleased to approve, the confirmation thereof you
will receive with our next. We send you here inclosed some
observations made by the Lord High Treasurer upon the said
Act, that you may endeavour to get such of the defects mentioned
therein explained and remedyed by a subsequent Act. In the
meantime we desire you to return us your distinct answer to the
several particulars in the said observations. And whereas in
the Act for ascertaining and establishing and more speedy collecting
H.M. quit-rents there is a clause whereby all quit-rents due before
Michaelmas 1692 are discharged, we desire you to explain that
matter to us, because the loss of the Receiver General's books
of accounts and of all papers relating to quit rents by the
earth quake 'does not seem unto us a sufficient reason for such a dis-
charge. We inclose H.M. Instructions relating to shares of prizes
[Feb. 16] and seamen [July 17]. [C.O. 138, 11. pp. 314-317.]
535. Council of Trade and Plantations to the Queen.
Recommend that Col. Johnson be confirmed in his post, his
Commission and salary to date from July 1, 1703 [see July 12].
[C.O. 153, 9. p. 32.]
536. Council of Trade and Plantations to Governor Sir
Wm. Matthew, Knt. We have received no letter from you since
Wt. 2710, C 16
242
COLONIAL PAPERS.
1704.
Aug. 25.
Whitehall.
Aug. 25.
Whitehall.
Aug. 25.
Whitehall.
ours of June 29, but we are in daily expectation to hear of your
safe arrival. We send you the extract of a letter from Capt.
Lloyd, Commander of the Company at Newfoundland, relating
to the piratical proceedings of George Bald, Commander of the
Adventure, a New England sloop commissioned by Col. Codrington,
that you may make enquiry into that matter, and if the complaint
be found true, that you do your best endeavours that the offenders
be brought to condign punishment, this may serve as a caution
to you not to grant Commissions to privateers without sufficient
security. Having had under consideration several laws of the
Plantations, we find it absolutely necessary to remind you of
that Instruction which directs you to send over a compleat
collection of all the Laws in force in each respective Island under
your Government, with the years when the said Acts were passed.
Which therefore we desire you to do with all possible dispatch.
Our letter to Col. Codrington of Feb. 16, having by mistake
been carryed by the packet boat to Jamaica and from thence
returned hither, we send you the same here inclosed, lest the
duplicate should also have miscarryed. Enclose H.M. Instructions
relating to shares of prizes [Feb. 16] and seamen [July 17]. [(7.0.
153, 9. pp. 33-36.]
537. Council of Trade and Plantations to Mr. Secretary
Hedges. H.M. having thought fit to appoint a Day of Public
Thanksgiving throughout England for the great successes of
H.M. arms near the Danube, and there being shipping ready for
the Plantations, we put you in mind of those parts, in order to
H.M. direction for the like Thanksgiving in her several Colonies
in America. We should be glad to know H.M. pleasure before
to-morrow night, in order to the dispatch of our letters by the
first post to Plymouth, where the ships are ready to saile to the
Continent. Autographs. 1 p. [(7.0. 5, 3. No. 18; and 324, 9.
p. 33.]
538. Circular letter from the Council of Trade and Plantations
to the several Governors and Proprietors in America. It having
pleased Almighty God to give H.M. a compleat and glorious
victory over her enemies near the Danube under the conduct of
his Grace the Duke of Marlborough, and H.M. having thought
fitt in acknowledgement of so great a blessing to appoint a Day
of Thanksgiving here in England, which as it cannot be so soon
comply ed with by you, we herewith enclose to you the said
Proclamation with directions that upon receipt thereof you
appoint a proper and speedy day to be kept by all H.M. good
subjects under your Government in like manner as is prescribed
by the said Proclamation. [(7.0. 324, 9. p. 34 ; and 5, 1291.
p. 45.]
539. Council of Trade and Plantations to the Queen. Having
received information from Governor Sir B. Granville of an indirect
practice very long made use of in that Island, of allowing of
messages to be brought thither by flags of truce from Martin ico,
AMERICA AND WEST INDIES.
243
1704.
Aug. 25.
Whitehall.
Aug. 26.
Whitehall.
Aug. 26.
Whitehall.
Aug. 30.
Whitehall.
whereby a correspondence was entertained with the French,
and illegal trade carried on, we did thereupon write to him, that
he should forbid the said practice for the future, except upon
very extraordinary occasions, which as we are informed he has
accordingly done. And whereas Samuel Cox, one of the Councill
of that Island, having been represented to us as having favoured
the practice, was thereupon suspended from his place in your
Majesty's said Council, but upon full examination has been cleared
from that imputation, and is represented to us by the Council
there as a person well affected to your Majesty's service, we
humbly offer that your Majesty be pleased to direct Sir B.
Granville to take off the said suspension. [(7.0. 29, 8. pp.
461, 462.]
540. Council of Trade and Plantations to Governor Sir B.
Granville. Enclose duplicates and acknowledge letter of May 24.
We have laid before H.R.H. the Lord High Admiral what you
write concerning guard ships. We desire you to transmit unto
us quarterly, or as often as conveniently may be, the Naval Officers'
lists of ships entred and cleared at Barbados, according to your
Instructions, relating to the Acts of Trade and Navigation, that
we may have a perfect account of the state of the Trade of
Barbados. Upon our considering the laws of Barbados and other
Plantations, we find it absolutely necessary for H.M. service
that we have compleat collections of all the laws in force in each
respective Government, with the years when the said Acts were
past, and therefore, we desire you to send us such a collection
with all possible dispatch. Enclose H.M. letter relating to Prizes
[Feb. 16] and Seamen [July 17], etc. [(7.0. 29, 8. pp. 463-465.]
541. W. Popple, jr., to Mr. Attorney General. The Council
of Trade and Plantations enclose you Lord Cornbury's letter of
June 26 relating to the seizure of the Eagle galley, and the pro-
ceedings relating to it etc. They desire, upon hearing the parties
concerned, your opinion thereupon, whether the same be a legal
seizure, or what may be fit to be done therein. You will be
attended by Sir Jeffry Jeffreys on the one side and Mr. Barker
in behalf of Mr. Byerly, Collector at New York, on the other.
[(7.0. 5, 1120. pp. 216, 217.]
542. W. Popple, jr., to Wm. Lowndes. Encloses letters
from Lord Cornbury, June 17 and 22, and other papers relating
to the accounts of Lord Bellomont and Capt. Nanfan, to be laid
before the Lord Treasurer for examination, and also Mr.
Champante's Memorial, Aug. 24. [q.v.]. [(7.0. 5, 1120. pp.
217, 218.]
543. Sir R. Harley to the Lord High Treasurer. I am
commanded by H.M. to refer enclosed petition for your
consideration. Signed, Ro. Harley. 1 p. Enclosed,
543. i. John Taylor to the Queen. Petitioner has contracted
with the Commissioners of the Navy to supply two
244 COLONIAL PAPERS.
1704.
ships' loadings of masts yearly from Piscataqua. The
Government of that place demands a duty of petitioner's
mast shipps, because the ships are [? not] owned by
one that lives there, though they were built in that
country, which is making Englishmen aliens. The
duty is exacted from none but such as come for masts,
because none other trade thither but inhabitants' ships,
which are exempted from ye duty. Prays for an Order
that [? no] other dutys may be exacted from his said
mast shipps, than what is payable for vessels built there
and owned by the inhabitants. Subscribed, Whitehall,
Treasury Chambers, Sept. 12. The Lord High Treasurer
refers this petition to the Commissioners of Customs
for their report. Signed, Wm. Lowndes. 1 p. [C.O. 5,
863. Nos. 116, 116.L]
Aug. 31. 544. Governor Sir Wm. Ma the w to the Council of Trade
Nevis. and Plantations. I have two letters from your Lordships of
June 29, the one signifying H.M. pleasure, relating to foreign
coyn, etc. By the other I find H.M. has bin informed that accounts
have bin sent by private persons of the state of these H.M.
Collonies. I shall forthwith so make known H.M. pleasure as
that the same may be prevented for the future and the ill
consequences may attend such practices avoided. Your Lord-
ships may be assured of my due obedience as to every particular
conteined in them both. I have given directions for the
transcribing of all the Acts in force, which shall be remitted
to your Lordships so soon as they can possibly be compleated.
The state of the Islands so far as I can yet observe is as follows.
Antigua being very large, having many landing places, no fort,
or battery, of any consequence, verry few people fit to bear armes,
and those at great distance from each other, occasioned by the
vast tracts of land in the possession of a small number of persons,
renders it verry weake. I have earnestly recommended the
consideration thereof! to the Councill and Assembly and offered
my thoughts what is fit to be don, and shall as speedily as possible
return in order to encourage the effect thereof! . Mountserrat
being the second Island I have vissited, is but indifferently peopled,
at great distances and most Irish Roman Chatholicks, but I 'me
of opinion while they are not roughly handled great benefit may
be expected from them, and the rather because not one deserted
at the enterprize of Guardaloupe. The Island is difficult of
accesse, tho' the French have threatened to attack it with their
privateers which have bin verry numerous in these parts. Nevis,
the Island from whence I send your Lordshipps this account,
is in much the best posture for service and defence of any Island
I have seen in this Government. I must do Lt. Governor Johnson
that justice to tell your Lordps. it is cheifly owing to his great
care and dilligence, and that his zeal for H.M. service truly deserves
your Lordshipps' favour. My next motion will be for St.
Christophers, the state of which I shall send by the next packet,
fearing I cannot get it ready by the time the Fleet will sail, when
AMERICA AND WEST INDIES. 245
1704.
I shall send a list of the strength of the severall Islands in better
form. Our great want is gunns from 12 to 24 pounders ; if H.M.
would be graciously pleased to order 40 of that size for these her
Islands, wee should be as it is our duty allwayse ready to employ
them for her service ; carriages and all things else propper for
them shall be provided here. The Fleet amounting to about 50
odd sail from the Leeward Islands will sail about Sep. 18. The
Island of St. Thomas supplying the French constantly with
provisions and what else they want, proves much to our prejudice,
'tis the enemy's privateers' harbour, 'tis thence they gett intelligence
and in a manner have their subsistance, provisions being carry ed
thither from New England and that North part of America.
The Islands are in perfect health, the soldiers so well seasoned
and known that the number at present heere may be truly be
vallued at double the number can be sent. There being so many
Islands to protect and the Trade belonging to them makes it
absolutely necessary I should apply to your Lordshipps for another
frigott, one of those here being but an indifferent saylor, and
neither of any considerable force. I should be glad to know
how far my power reaches as to the exchange of prisoners, by
what I can learn the French are desirous of a cart ell. I beg
your Lordships' favour in what relates to my advancement in the
Army, being at present one of the eldest, if not the oldest Collonel,
my brother Shrimp ton being but few dayes older then myself
made a Brigadeer, I humbly hope thro' your Lordships' favour
the distance I serve at may not be a means of loosing my
preferment. Signed, Will. Mathew. Endorsed, Reed. Read
Nov. 13, 1704. Holograph. 7 pp. [(7.0. 152, 5. No. 79;
and 153, 9. pp. 42-46.]
Aug. 31. 545. Attorney General to the Council of Trade and Planta-
tions. I find nothing in the Act of New York (reversing the
proceedings against Bayard and Hutchins,) contrary to Law or
Justice or prejudiciall to H.M. Royall prerogative, but in regard
that the record of the Attainders are to be destroyed, persons
who have acted innocently under the orders of those who had
power to command them may thereby be subjected to actions
for what they have so done without any possibility of defending
themselves. I wish there had been in the Act a clause for their
indemnification, and I submit it to your Lordships' consideration
whether Col. Bayard and Mr. Hutchins should not be required
under their hands and scales to declare that they will not bring
any such actions. Signed, Edw. Northey. Endorsed, Reed.
Read Sept. 12, 1704. I p. [C.O. 5, 1048. No. 92; and 5,
1120. pp. 218, 219.]
Sept. 2. 546. Mr. Jackson to Commodore Bridge. I have weighed
St. John's the resolve you with the rest of the Commanders came to yesterday
arbor. j n or( j er ^ gj ve ]y[ r Campbell possession of his house, wch. I
am free to do, but it is impossible in so short a time, and I will
never go down to the house he now lives in, but will move with
my family to the Fort where my just residence is. As Chaplain
246
COLONIAL PAPERS.
1704.
I claim the second house in the Fort. Is Mr. Latham, who has
no commission, and as Chief Mason ought to be preferred to a
barrick, to be preferred in that place before me ? etc. etc. Signed,
John Jackson. Endorsed, Reed. Read Jan. 11, 170f. Presented
to the Board by Commodore Bridge. If pp. [(7.0. 194, 3.
No. 29(A) ; and 195, 3. pp. 376-379.]
Sept. 5.
547. Mr. St. John[s] to Mr. Secretary Harley. Prays for
Whitehall, an immediate order with regard to the 3 Regiments in the West
Indies, who have been in those parts above 3 years and have
petitioned to be relieved pursuant to H.M. Declaration [1702].
The uncertainty makes it impossible to provide clothing ; the
miseries endured on this account by the companyes now in the
West Indies are much greater than what the six companies,
recently raised and ordered to be added to them, suffer here,
who, being in an almost naked condition, I'le take care they
shall do no duty, but be removed to warmer quarters, etc. Signed,
St. Johns [sic]. 2 pp. Enclosed,
547. i. Captains of the Additional Companies to the Lords
of the Privy Council. Ordered to garrison duty at Tilbury
Fort, the new companies, not being as yet cloathed,
lie under exceeding great hardship etc. Signed, Wm.
Lyndall, Fisher Wentworth. 1J pp. [C.O. 137, 6.
Nos. 64, 64.L]
Sept. 5. 548. Mr. Secretary Harley to the Council of Trade and
Whitehall. Plantations. The Queen commands me to send you the enclosed
Memorial of the Envoye of Denmark, for your opinion, with all
speed. Signed, Ro. Harley. Endorsed, Reed. 6th, Read 12th
Sept., 1704. I p. Enclosed,
548. i. Envoy Extraordinary of Denmark to the Queen. Since
the beginning of the war, the English privateers have
seized or plundered several ships belonging to the subjects
of the King of Denmark, inhabiting the Island of St.
Thomas, which have been condemned on trivial pretences.
Instances, the Schutburg and the St. Patrick belonging
to Peter Smith, and the Jean et Mateuwes, belonging to
Abraham Tessemaker, the Young Dorothea, belonging
to Peter Ronnels, the Cosyns belonging to Jean Jeansen
de Wint, a barque belonging to Hans Bockhout, and
the Charles II. belonging to Manuel Gilligan. Demands
that they be restored or compensation paid, and that
the English privateers be severely punished. Windsor,
Sept. 3, 1704. Signed, J. Rosenkrantz. French. 2 \ pp.
[C.O. 137, 6. Nos. 63, 63.L ; and 138, 11. pp. 320-323.]
Sept. 6. 549. Order of Queen in Council. Confirming Commission of
St. James's. Lt. Governor Johnson as recommended Aug. 25. Signed, John
Povey. Endorsed, Reed. Read Sept. 12, 1704. 1 p. [C.O. 152, 5.
No. 80 ; and 153, 9. pp. 37, 38.]
Sept. 6. 550. Order of Queen in Council. Referring petition of
St. James's. Jeronimy Clifford, complaining of the delay in the examination of
AMERICA AND WEST INDIES.
247
1704.
his accounts [Feb. 10], to the Council of Trade and Plantations,
who are to examine his complaint and recommend the hastening
of the Report. Signed, John Povey. Endorsed, Reed. Read
Sept. 12, 1704. J p. Enclosed,
550. i. Petition of Jeronimy Clifford to the Queen as above.
Copy. 1| pp.
550. ii. Copies of Mr. Clifford's letters to Messrs. Sheppard,
Gardner and Oosterland, May 18 and June 7. 2J pp.
550. iii. Copy of Mr. Clifford's accounts. My damages and
all my interest in Holland and Surinam amounts to
354,162 guilders, 13s. Signed, Jer. Clifford. May 18, 1704.
7 pp. [C.O. 388, 75. Nos. 98, 98.i.-iii. ; and (with
enclosure i. only) 389, 36. pp. 202-208.]
Sept. 6. 551 . Order of Queen in Council. Referring enclosed petition
St. James's, to the Council of Trade and Plantations for their opinion. Signed,
John Povey. Endorsed, Reed. Read Oct. 3, 1704. f p.
Enclosed,
551. i. Petition of Edward Chilton to the Queen. Prays to
be allowed to leave Barbados for a year, to repair his
health and settle business, without prejudice to his
patent for Attorney General of the said Island. Copy.
1 p. [C.O. 28, 7. Nos. 41, 41.i. ; and 29, 9. pp.
50-52.]
Sept. 6. 552. Order of Queen in Council. Approving Representation
St. James's, of Aug. 25 upon the Bills of Virginia, " except that it is not thought
requisite that Instructions be sent to the Governor instead of
the Bill for the better securing the liberty of the subject.'' Otherwise,
the Bills to be remitted to the Governor to be passed as proposed
by the said Representation. Signed, John Povey. Endorsed,
Reed. 12th, Read 14th Sept. 1704. 1 p. [C.O. 5, 1314. No. 31 ;
and 5, 1361. pp. 27, 28.]
Sept. 6. 553. Order of Queen in Council. Approving Representation
St. James's. (Aug. 25) for the restoring of Samuel Cox to the Council of
Barbados, and ordering a warrant to be prepared accordingly.
Signed, John Povey. Endorsed, Reed. Read Oct. 3, 1704. 1 p.
[C.O. 28, 38. No. 23 ; and 29, 9. pp. 48, 49 ; and 28, 7. No.
42.]
Sept. 8.
Whitehall.
554. Mr. St. John to Mr. Secretary Harley. I transmit
a paper wherein is contained the chief grievances which H.M.
forces in Jamaica complain of, for in the Leeward Islands their
condition is tollerable enough. I do not see how it is possible
at this time to relieve them, and have reason to think that they
would be contented enough to stay longer in those parts, if some
of these hardships, imposed lately on them by those people who
properly they are sent thither to defend, might be removed.
Signed, St. John. 1 p. Enclosed,
554. i. Grievances of the Regiments in Jamaica as to inadequate
allowances and quarters etc. as supra passim. 1J pp.
[C.O. 137, 6. Nos. 65, 65.L]
248 COLONIAL PAPERS.
1704.
Sept. 9. 555. E. Dummer to Wm. Popple. Gives account of the
London. Prince Packet boat's sailings to the West Indies. Out and home
98 days. Signed, E. Dummer. Endorsed, Reed. 9th, Read 13th
Sept., 1704. 1 p. [(7.0. 323, 5. No. 63.]
Sept. 12. 556. Royal African Company to the Council of Trade and
Plantations. The Company have very great effects in H.M.
Plantations in the West Indies, and are likely to encrease the
same considerably by the ships now in their service designed
thither with negroes from Guinea. The Company do from the
said Islands load their effects upon freight on sundry ships as
they offer from those parts, which ships they have not under their
direction, and by the conduct of the owners this last year, ordering
their ships to proceed without convoy, the Company as likewise
themselves, and divers other traders, have been great sufferers
besides the loss to the publick in the duties, the greater part
having been taken by the French privateers. Propose, that,
your Honours would represent to H.R.H. the advantage it would
be to the nation to send convoys to said Islands at two several
seasons, vizt. two men of warr to depart England in all Dec., to
be there the beginning of March, to come away with ships the
first crop ; two or more others to depart England in all March,
to be there the beginning of June to convoy home the ships which
will then bring off the whole remaining crop. In this method
the convoys will not need to spend much time at the Island, the
traders would have their effects with greater security, and at
easier charge both in freight and insurance, which would
consequently make the prizes of those commodities easier to the
whole nation, and by bringing them safe home in proper seasons
a great quantity would be exported and our neighbouring nations
pay us for them, which would be a great help to preserve the
ballance of trade in our favour. This is proposed only for
Barbados, Antigua, Mountserrat, Nevis and St. Christophers,
to all which places the same convoys will serve. Signed, John
Pery, Secry. Endorsed, Reed. 12th, Read 14th Sept. 1704. 1 p.
[(7.0. 28, 7. No. 44; and 29, 8. pp. 470-472.]
Sept. 12. 557. Mr. Secretary Harley to the Council of Trade and
Whitehall. Plantations. Encloses papers relating to the grievances of the
forces at Jamaica [Sept. 5 and 8]. H.M. would have you report
what methods may be most proper to encourage them to continue
more willingly in that service, and to redress their hardships,
as to quarters. If barraques can be built or certain quarters
assigned, it will tend more to the security of the countrey, the
ease of the inhabitants and the health of the soldiers, and
considering how far these poor men goe, and venture their lives
to defend a very unhealthfull place, it wou'd be a considerable
encouragement if any advantages or privileges could be thought
of to be granted those poor men after so many years service in
the Troops. Signed, Ro. Harley. Endorsed, Reed. 13th, Read
14th Sept. 2f pp. [(7.0. 137, 0. No. 66; and 138, 11. pp.
326, 327.]
AMERICA AND WEST INDIES.
249
1704.
Sept. 12. 558. Council of Trade and Plantations to Mr. Secretary
Whitehall. Harley. In answer to your letter of Sep. 5 [q.v.], by a list of
prizes taken and condemned at Jamaica and transmitted to us
by Gov. Handasyd, we find that four of the sloops mentioned
in the [Danish] Memorial, vizt. The St. Patrick, the Cosyns, the
North Lyon belonging to Hans Bockhout, and the Young Dorothy
were condemned at Jamaica for taking in goods at Cura9oa,
and vending them to the Spaniards on the coast of Carraccos,
and that another sloop called the Schuiburg was also condemned
at Jamaica for going to Fort Louis with flower and contraband
goods to trade with the French ; but we have not the Proceedings
upon the condemnation of the foresaid sloops, nor any further
particulars relating thereunto, neither do we find any mention of
the sloop called the Jean and Mateuwes mentioned in the said
Memorial. As to the sloop Charles the Second owned by Manuel
Manasses Gilligan, who is a natural born subject of H.M., but
naturalized a Dane at the Island of St. Thomas, she was taken on
the coast of Caraccos under Dutch colours, where she had been
trading with the Spaniards in contraband goods, provisions and
ammunition, for which she was condemned at Barbadoes, and
upon her condemnation the persons concerned prayed an appeal
to the Court of Admiralty in England, which was granted them
upon their giving 200. security, and 6 months were allowed them
for prosecuting the same, and 3 months further to certifye the
said prosecution ; but we have not heard whether the said appeal
be sent over hither or no. We humbly offer that a copy of the
said Memorial be sent to the Governours of Jamaica and Barbadoes
and that they be directed to transmit a particular account of
the Proceedings had in each Island relating to the said sloops.
And in the meantime that M. Rosencrantz be acquainted that
the said vessells having been condemned in H.M. Courts of
Admiralty in a judicial way, the persons who think themselves
agrieved by the sentence may have recourse to the proper methods
of law by appealing here in England. [C.O. 138, 11. pp. 324-326.]
Fleet.
Sept. 12. 559. Jeronimy Clifford to the Council of Trade and Planta-
Fromthe tions. Quotes his letter of July 28, "to which I have had no
answer, nor is there anything further done in my business, which
occasions my being detained so long a prisoner. " Prays for relief.
Signed, Jer." Clifford. 2 pp. [C.O. 388, 75. No. 96'; and 389,
36. pp. 226, 227.]
Sept. 13. 560. W. Popple, jr., to Mr. Clifford. In reply to preceding,
Whitehall, encloses following. [C.O. 389, 36. p. 209.]
Sept. 13.
Whitehall.
561. Council of Trade and Plantations to Samuel Shepherd
etc. Upon H.M. Order in Council, Sept. 6, we desire you to
dispatch your report on Mr. Clifford's accounts. [C.O. 389, 36.
pp. 210, 211.]
Sept. 14. 562. Merchants and Planters of Barbados to the Council of
Trade and Plantations. There hath been convoy allowed but for
250 COLONIAL
1704.
one fleet to that Island this year though the necessities of the
Planters do require that there should be two fleets yearly to supply
them with stores to subsist the people, and enable them to carry
on their works and to bring home their cropps of sugar, ginger and
cotton in such seasons as they may not be exposed to be destroyed
by bad weather in winter, or be taken by the enemy, as many of their
ships have lately been. The evills which H.M. subjects of that
Island and that trade to it are liable to for want thereof are,
(1) When provisions from England and other perishable goods
(without which the inhabitants cannot subsist) go but once a
year, they are oftentimes reduced to the utmost extremity before
a supply comes to them, and then there comes so great quantities
that part of it perishes before it can be used. (2) When there
goes but one fleet, it comes thither so late that the utensills and
stores for making sugar (which they cannot be without and must
be constantly supplied with from hence) come so late that the
damage the Planters sustain by the disappointment is often
irrepairable. (3) Then some rich merchants make such
advantages of the Planters by the exorbitant prices they make
them pay for their commodities that many of them are thereby
undone. (4) The one fleet is detained in the Island generally
till the hurricane time, and often forc'd to come home in winter.
(5) They have not near tunnage sufficient to bring home their
sugars, etc. which occasions fraight to be excessive dear for what
is brought home and great quantity of what is made is left in
the Island, by which the Planter is disabled from having those
provisions and stores which he stands in need of for the carrying
on his works. The fleet which sailed last for Barbados having
not carry ed a sufficient proportion of provisions and stores for
the use of the inhabitants untill Jan. next, and it being absolutely
necessary that there should be a supply sent to be there before
they break the canes of the next cropp which they begin to do
in that month, Petitioners pray your Lordships to move H.M.
to order, that there may be at least one ship of war ready by
Oct. 1st next to convoy such of the merchant ships as shall be
then laden with provisions and stores for the said Island. Signed,
John Harwood, Tho. Waite, Jno. Taylor, Tho. Foulerton, J.
Kendall, B. Middleton, Jno. Walter, Tho. Skutt, Mel. Holder,
Christr. Fowler, Ricd. Carter, Tho. Corbett, Edwd. Alanson, John
Gray, Franc. Eyles, Wm. Brooke, Silvans. Grove, Richd. Filden,
Damt. Filden, Thomas Clarke, Rowld. Tryon, Robt. Chester,
Tho. Stewart, Hen. Palmer, Wm. Tryon, David Creagh, Robt.
Smith. Endorsed, Reed. 8th, Read .14th Sept. 1704. 1 p. [(7.0.
28, 7. No. 43 ; and 29, 8. pp. 266-270.]
Sept. 15. 563. Wm. Heysham and others to Sir Charles Hedges. The
London, enclosed petition from several Members of the Assembly of
Barbadoes, complaining against the Governor, which wee thought
to have presented to H.M. in Councill on Thursday next, but
hearing that there is an Address from several others of Barbados
on his behalf to be delivered to H.M. on Sunday, and having
waited upon my Lord President and Mr. Secretary Harley, we
AMERICA AND WEST INDIES.
251
1704,
were advised to send this petition to your Honour to be laid
before H.M. at the same time, least anything should be done
in prejudice to Petitioners or the four Gentlemen suspended
from the Council. Pray that the three new Councillors may not
be confirmed, and [not] any order made till the enclosed petition
be taken into consideration. Signed, Wm. Heysham, Rob.
Heysham, Guy Ball. Addressed. 1 p. [C.O. 28, 38. No. 24.]
Sept. 15. 564. Mel. Holder to Mr. Popple. In reply to your enquiry
St. Mary Hill, how many ships are desired to go with supply es of necessaries
for the beginning of the next crop in Barbados, by what I can
at present learn there may be about ten or twelve saile. That
petition was designed to be presented severall weeks ago, but
there being very seldome a Board was defered, so that the last
of Oct. will be the soonest they can get ready to depart Gravesend
in case they were now sure of a convoy which I am desired to
acquaint you as will be requisite to be considered for the same
length of time when a convoy shall be appointed. Signed, Mel.
Holder. Endorsed, Reed. 16th, Read 19th Sept. 1704. Addressed.
Postmark. 1 p. [C.O. 28, 7. No. 45 ; and 29, 8. p. 473.]
Sept. 16.
Woolwich,
St. John's
Harbour.
Sept. 17.
Jamaica.
565. J. Spann and S. Chamberlen [to Capt. Bridge]. Whereas
on Sept. 1st we were summoned to a Court of Justice held by you
and the Admirals of the Harbour of St. Johns, and the Court decided,
in a case between John Jackson, Chaplain, and Colin Campbell,
H.M. Agent for prizes, that Jackson should remove out of the
house he then lived in, on the 10th, into a house assigned him by
the Court, which he had formerly lived in, yet, in contempt
thereof, he still lives there. And whereas you have directed a
Court to be held on Munday for regulating several grievances
of the inhabitants, by a complaint laid before you by Mr. Jackson,
and that you have desired us to assist at the said Court, we cannot
comply, until you have given us full assurance that you will send
him to England to answer his contempt of the Order of the Court,
together with his unmannerly letter of Sept. 2 (q.v.) etc. Signed,
Jona. Spann, S. Chamberlen. Endorsed, Presented to the Board
by Mr. Bridge. Reed. Read Jan. 11, 170f. 2 pp. [C.O. 194,
3. No. 29 (b) ; and 195, 3. pp. 372-375.]
566. Governor Handasyd to the Council of Trade and
Plantations. I had the honour of two of your Lordships' of
June 29. I have ordered a Proclamation to be issued out,
expressing the words of your Lordships' letter, strictly charging
all H.M. subjects to observe the same [relating to correspondence]
as they shall answer the contrary at their perril. I likewise
received H.M. Proclamations for the regulation of the foreign
coins in these parts, all which shall be duly observed to the utmost
of my power. Several of our trading sloops have already been
trading with the Spaniards, and in case they had enough of the
commodities the Spaniards wanted, which are very scarce in
Jamaica, they might have had an extraordinary trade. I am
obliged to put your Lordships in mind that I am very apprehensive
252 COLONIAL PAPERS.
1704.
there will be an absolute necessity of two or three more light
friggotts, fourth, fifth and sixth rates, to protect our traders, I
having received an account from a Master of a vessell, that was
taken into Martinico and made his escape from thence, that the
French there since we and the Dutch debar them of the Spanish
trade, design to fit out several of their best privateers and send
down upon the Spanish coast to cruize for the English and Dutch
traders, so that unless some more light friggots are sent, I do
fear it will be an impossibility with these that are here to prevent
their design. I beg leave to recommend Capt. Charles Gandy
as a very fit man to have the command of a friggate here, when
one shall fall vacant, he having done very brave and singular
actions against the enemy, while Captain of a Privateer, in taking
two of their sloops in one day and disabling a third, so that she
was glad to bear away, tho' all of them exceeded him in number
both of men and gunns, which prevented a very ill consequence
to this Island. He is a man of very good circumstances and I
dare engage a faithfull servant to his Queen and country. I
should not have offered to recommend him to your Lordships
but that bravery may meet with a reward according to its deserts ;
he is very well acquainted with the Spanish coasts and speaks
the language. I know it is my duty to recommend this to the
Lord High Admiral, but I dare not presume, beleiving it might
be ill taken by some other Flaggs, but I doubt not if your
Lordships approve of it, you will soon find methods to get it
done. As to the men of war here present I can give but a very
slender account of them, several of their men being dead and
sick, and I am afraid by lying in harbour, which is not in my
power to prevent, the Captains still having one excuse or other.
The Island is at present indifferent healthy. We have had two
or three small earthquakes, but I do not hear of any damage
they have done. As to my own particular, I have had the greatest
shake I ever could have had, having lost one of the best of wifes,
who has left a numerous family of little ones motherless, she
departed this life here Sep. 13, etc. Signed, Tho. Handasyd.
Endorsed, Reed. Read Nov. 13, 1704. 2 pp. [(7.0. 137, 6. No.
67; and 138, 11. pp. 343-347.]
Sept. 17. 567. Governor Handasyd to Sir Charles Hedges. Repeats
Jamaica, information given in preceding, etc. Several of our sloops have
been trading with the Spaniards and find them very well inclined
to trade with the English and Dutch, in case they could be
protected from the insults of the French, etc. The French are
prepareing some of their best privateers to come down to prevent
the English and Dutch trade ing with the Spaniards. It would
be very convenient to send 3 or 4 nimble cruizers here to prevent
it, if their Commanders are such persons as will follow the
information I can give them. It would be very much for our
interest if I could have some of the King of Spain's proclamations
in Spanish, etc. Signed, Tho. Handasyd. Endorsed, R. Feb. 10.
2 pp. [C.O. 137, 51. No. 5.]
AMERICA AND WEST INDIES. 253
1704.
Sept. 18. 568. Governor Sir B. Granville to the Council of Trade and
Barbadoes. Plantations. I enclose the Minutes both of the Councill and
Assembly down to this time, I shall not t need therefore trouble
your Lordships with enlarging on the publick transactions here,
all things relating to them being soe fully expressed therein.
At my arrival I found the administration of this Government
in the hands of a President and Councill, they divided into
parties as well as the Assembly and rest of the people
employed in quarreling and tearing one another to peices,
leaving the fortifications to goe to ruin and a generall
neglect of the publick interest. I spent a year in endeavouring
to bring them to reason by fair means, but that failing I
made use of the authority H.M. had put into my hands, and by
making examples of the ringleaders, both in the Councill and
Assembly, I have at last brought matters to a good settlement,
with a prospect of having it every day grow better. The severall
steps I have taken with the occasions of them, my reasons for
so doing and the consequences they have had, your Lordships
will find in the Minutes I now send, and though the present
Assembly has not satt long enough to bring any material matters
to perfection, by what they have done they show an inclination
to do their duty, and I believe will continue to doe soe. I can't
but observe that the rise of all divisions and factions in this
country have been under the administration of the government
by ye President and Councill, and that it has been then that
the severall Acts have passed which have lessened the Queen's
authority, and made the dependance upon that almost useless.
This may recommend it to your Lordships' consideration, whether
it may not be necessary that either H.M. appoint a Lieutenant
Governour or give power to the Governour so to doe, in case of
his absence or sickness. The Councill being by the death of
Mr. Callow reduced under 7, I did according to my Instructions
fill it up, by swearing in Col. James Colleton, a person in the first
rank in this Island, that has for many years exercised the cheif
posts, of known integrity and considerable fortune. I have great
reason to complain of Capt. Samuel Martin, H.M.S. Blackwall,
who has behaved himself with great ill manners as well as
disobedience to me, contrary to ye express words of my Lord
High Admiral's patent to me, the enclosed depositions show
that he has prest men in Road here without having any authority
from me so to doe, and as by the letter under his hand appears,
has refused to deliver them back, notwithstanding I sent him an
order in writing so to doe. His continual lying on shore when
in harbour has occasioned great neglect, sickness and desertion
in his ship. When I have told him of it, his answer was that
he being Commander in Cheif of H.M. ships, he was thereby entitled
to lye on shore, and not to be controuled by me in that matter.
I did by a letter from my Lord Nottingham, in Oct. last, receive
orders to keep the 3 French prisoners (condemned at a Court
Martial) in custody during the war, or till farther orders. The
French have at this time many English prisoners at Martinique,
and I believe I could make good use of these tnen in exchange
254 COLONIAL PAPERS.
1704.
for them. Tis said they have there upwards of 250, .but being
restrained by that order, I can not make steps in this matter till
I have lea^e so to doe. This Island has not for 12 yars past been
so healthy as it has been of late, and it continues to be still. The
French privateers infest very much our latitude and make many
prizes. They are nimble saylers and the Queen's ships not able
to come up with them, besides two doe not suffice to keep one
always in ye latitude. In the Minutes of the Councill your
Lordships will find entred the particulars as they have appeared
to me in relation to the not sending an advice-boat when
Commodore Walker's fleet was here. It appears to have been a
generall neglect in all ye parts of the then Government. I will
take care none such shall happen during my time. Upwards of
50 sail of merchant men sail with this convoy for England,
besides what are to joyn them at ye Leeward Islands. Signed,
Bevill Granville. Endorsed, Reed. Jan. 2, Read Feb. 5, 170f.
3 pp. Enclosed,
568. i. Governor Sir B. Granville to Capt. Martin. Capt. Wm.
Ackland, of the Industry, and Capt. Wm. Cogan,
merchant, having complained that you have pressed
7 men belonging to said ship, and that she will thereby
be detained in her voyage etc., without my authority,
I order that you immediately return them, as also his
apprentice to Capt. Thomas Robinson, that you still
detain contrary to my order. Sept. 9, 1704. Signed,
Bevill Granville. Endorsed, Reed. Jan. 2, 170f. Copy.
1 p.
568. ii. Capt. Martin to Governor Sir B. Granville. Seven is
more by three than Capt. Ackland can have any pretence
to etc. My Lord High Admiral's last orders makes
me (I think) independant to any order from .your
Excellency. ... I can't comply with your orders for
discharging so many men when the service so much
wants them and it does not correspond with H.R.H.
orders etc. Sept. 11, 1704. Signed, Saml. Martin.
Addressed. Same endorsement. 1 p.
568. iii. Duplicate of preceding.
568. iv. Deposition of Capt. Ackland, Sept. 13, 1704, as to
Capt. Martin pressing his men and refusing to deliver
them on the Governor's order. Signed, Wm. Ackland.
Same endorsement. Copy. 1J pp.
568. v. Duplicate of preceding.
568. vi. Deposition of Capt. Robinson, of the Friendship. Capt.
Martin pressed two of his men, one of whom was an
apprentice, and refused to deliver him up. Signed,
Thomas Robinson. Same endorsement. 1 p.
568. vii. Duplicate of preceding.
568. viii. Deposition of A. Skene. On Sept. 18, 1704, Capt.
Martin refused to deliver up to the Governor's Order,
Thomas Maycock, Wm. Terrill and John Curie, who
were fled from Justice. Capt. Martin said H.E. had
no power to command him, and hoped that if ever he
1704.
AMERICA AND WEST INDIES.
255
came to Barbados again, it would be to carry the Governor
home prisoner etc. Signed, Alexander Skene. Same
endorsement. 1J pp.
568. ix. Deposition of G. Hay, Deputy Provost Marshall.
To the same effect as preceding. The warrants were
read, but no regard paid thereto. Signed, Georg Hay.
Same endorsement. 2 pp. [C.O. 28, 7. Nos. 46, 46. L-
vii ; and (without enclosures) 29, 9. pp. 133-142.]
Sept. 18.
Barbados.
569. Governor Sir B. Granville to Sir Charles Hedges. My
Lord Nottingham, Oct. 28, 1703, commanded me to keep in
custody three French prisoners etc. It has happen 'd since that
the French of Martinique have taken abundance of English
prisoners, and use very severely those particularly that belong
to this Island upon that account. I beleive I could make good
use of these men towards the release of the English prisoners
wch. are at Martinique and amount to 250 might I have leave so
to doe, etc. The French privateers have don us much mischief
by taking very many prizes, they are nimble saylors and H.M.
ships cannot come up with them, neither does two suffice, to
have allwaies one in the Latitude. The two French men of war
that were sometime agoe at Martinique I hear are gon down on
the coast of Spanish America. This comes in the fleet wch. will
consist in about 50 sail of merchantmen from this Island, besides
what are to joyn them at the Leeward Islands. Signed, Bevill
Granville. Endorsed, R. March 15, [1705]. Holograph. 2 pp.
[C.O. 28, 38. No. 25 ; and (duplicate) No. 26.]
Sept. 20. 570. Mr. Secretary Hedges to the Council of Trade and
Cockpitt. Plantations. The enclosed Petition having been laid before the
Queen, you are to examine the allegations thereof, and to report
how you find the same, together with your opinion what is fit
for H.M. to do therein. Signed, C. Hedges. Endorsed, Reed.
Read Sept. 26, 1704. 1 p. Enclosed,
570. i. Address of [7 Members of] the Assembly of Barbados to
the Queen. For several years passed petitioners have
inhabited Barbados and faithfully discharged many
considerable offices, both military and civill therein,
and have continually to the utmost of their power upheld
and supported the high honour, prerogative, etc. of your
royal predecessors and of your Majesty, and upon all
occasions so dutifully demeaned themselves, that they
have merited the favour and good opinion of all such
persons as have been hitherto constituted Governors etc.
But we are now constrained by necessity of our fidelity
and conscience for the publick good of this Island to
complaine, and lay at your Majesty's feet several notable
and grievous offences lately committed within this
Island by your Majesty's Governor Sir B. Granville,
to the great oppression, prejudice and hardship of many
of your Majesty's loyall and dutifull subjects of this
256 COLONIAL PAPERS.
1704.
Island, and tends to the misusing, altering and subverting
your Majesty's laws, to the great decay and mine
of this your Majesty's Island. (1) The Militia have
been lately commanded upon duty in the several forts
and fortifications, and upon the mountains by him,
contrary to the laws and statutes of the said Island,
and without the advice, consent and approbation of
your Majesty's Councill first had therein according to
the directions of the Act of Militia, which have very
much fatigued the inhabitants, especially the poorer
sort, so that many of them are reduced to great hardships
and want, which is also declared in the preamble of
the Act for the security of the bayes, townes and sea coasts,
etc., which was brought into the House of Assembly
by a certain Member thereof, who declared that there
was no other or better way of giving the Governor
mony then by such a law, since the Assembly was
restrained from making presents by your Majesty's
letter. The illegall and unusuall methods of commanding
the inhabitants upon duty as guards, we have had
good reason to beleive have been used on purpose to
introduce the aforesaid Bill, thereby giving power
to the Governor to raise by commission two companies
of Granadeers constantly to remain in the forts and
fortifications, under certain allowances and pay, which
would not only prove destructive to the Militia, but
be a means to evade your Majesties command restraining
the Governor's receiving presents, for the charges of
the two companies will stand the country in at least
9,OOOZ. sterl. per annum, greatest part of which by the
words of the Bill is to be paid into the hands of the
Governor, or to whom he shall appoint, for the buying
of provisions for the soldiers, by which means he will
have an opportunity of gaming to himself at least 3,000/.
sterl. in one year, by the large allowances made him,
over and above what will purchase such provisions in
times of the greatest scarcity, for which nor any part
thereof is the Governor to be accountable in any manner
what/ever, which your petitioners and others have fully
and plainly demonstrated in their arguments against
the passing of the said Bill into a law, whereby the
said Bill was by a majority of Members upon a third
reading voted and carried in the negative, which have
occasioned very great differences and devisions amongst
your people moved and stirred by those adhering more
to the Governor's private interest and advantage then
to the publick good and welfare of this Island. Such
is our misfortune in this case, that severall of the
Members of the Assembly, who have voted against
the Bill (and other inhabitants who are of the same
opinion) are discharged from their respective offices
and places of trust, and are unjustly charged by the
AMERICA AND WEST INDIES. 257
1704.
Governor, and branded with charrecters of being factious
and turbulent spirits, indeavouring thereby to alienate
them from the affections of the people, tho' many of
them have continued without blemish hi their respective
offices above 30 years, by which violent proceedings
of displaceing of severall Collonels, Lieut. Colonels and
Majors, and other inferior officers of severall regiments
of horse and foot without the consent of the Councill.
or any just reasons, great confusion and disorders dayly
happen, and your Majesties Island thereby exposed
to great danger, if an enemy should attempt the same,
there being by such removeall of officers scarce a
compleat regiment in the Island. In the stead of such
officers turned out of commission and abused in their
reputations and good names, others are appointed
without the advice and consent of your Majesties Councill,
and such who are wholely devoted to the private ends
and purposes of the Governor, many of them being
unquallified and constituted contrary to law,
unexperienced and of mean capacities and estates, and
by the disposal of his favours and your Majesty's
Commissions in this manner severall of the Members
of the Assembly have been prevailed upon to alter
their opinions of the aforesaid Bill, and having made
some small alterations in the said Bill have brought
it again into the House, (with the same advantages
to the Governor as at first) and have been once passed
in the affirmative by 12 of the 22 Members. Petitioners,
who gave their votes in the negative to the Bill,
consulting the severall freeholders of their parishes
and many other judicious persons, found it the opinion
of the generality of the people, that the Bill would
prove destructive to the Militia and to the publick
good, and a direct breach, and evasion of your Majesty's
gracious commands, and seeing many other indirect
practices and unpresidentiall proceedings in the Assembly
for private and particular ends and purposes, and your
petitioners finding noe other method to prevent the
passing the said Bill and such practices and the ill
consequences thereof, have thought fitt and advisable
to absent themselves from the House, in hopes thereby
the Governor would be moved to dissolve the House,
that the inhabitants may have an opportunity of a
new general and free election of Representatives, wherein
they may choose more faithfull and discreet persons
to serve your Majesty and the said Island, and that
your Majesty may be acquainted with their proceedings
in the said Assembly. The absence of petitioners
from the House, and the differences of opinion therein,
hath not proceeded from any disobedience or contempt
to your Majesties laws, want of duty to your Majesty's
Governor, or care and zeal for the publick good of this
Wt, 2710, C 17
258 COLONIAL PAPERS.
1704.
Island, nor from any factious, obstinate or turbulent
spiritts as hath been lately laid to their charge by the
Governor in his speech to the Assembly, but wholely
from the corrupt practices and private designs of those
who we have too great reason to conclude have a greater
regard to their private profitt and interest, then to
your Majesties service and the wellfare and good
government of this place. (2) Contrary to your Majesty's
commands as to presents to Governors, the Governor
has lately received from the Assembly 600/. and 500Z.
sterl. and soone after voting the first summe the Speaker
of the Assembly acquainted the House that the Governor
thanked them for the summe of 600/. voted, but he
desired that there might be an alteration of the Minute
made thereof in the books of the Assembly, for that
it would thereby too plainly appeare to be a present,
and accordingly to conceale the same from your Majesty's
knowledge, and that he might not incur your Majesties
displeasure in the receipt thereof, such indirect practices
are used that there are noe Minutes regularly made
and entred in the books of the Assembly for such
particular summs, but verball orders were given to the
Treasurer, Charles Thomas Esq. to make payment
thereof, which he has accordingly done. (3) Contrary
to your Majesties commands aforesaid, the Nation of
the Jews in this Island have presented the Governor
with the summe of 200Z. sterl., and by him received,
whereby they have many priviledges allowed them
contrary to law, and severall other presents of
considerable vallue, as plate, negroes, horses etc. have
been received by him from private persons, especially
from some of the natives of the Kingdom of Scotland
and their particular friends, who by such means have
been advanced to the greatest places of trust, profitt
and honour, civill and military in this Island (tho'
many of them disaffected to the English nation and
Government) and have thereby the command of severall
fortifications, regiments and places of strength, and also
have the custody and keeping of the cheifest of our
Records, in the safety of which our whole interests and
estates depends, which occasions great disattisf action to
many of your Majesties good subjects here, being informed
from the publick prints and private letters from England,
that the Scotts have refused the settlement and succession
of that Crown farther then your present Majesty and
your royall issue, so that if your Majesty (whom God
long preserve) should depart this life without issue,
the trust reposed here in the natives of that Kingdom
may prove of fatall consequence to this your Majesties
Island. (4) Notwithstanding your Majesties positive
directions that there shall be but 300/. per annum,
allowed for a House for the Governor's residence, yet
AMERICA AND WEST INDIES. 259
1704.
such methods are contrived and used, that the house
and buildings fitted up for H.E. will be an expense
to this Island at least 600/. sterl. per annum, besides
the loss of about 5,000/. sterl. being (as it is said) expended
in buildings upon a peece of land rented of Thomas
Pillgrim, for which the country hath no lease nor
certainty of any time longer then three years, at the
end of which, the said Pillgrim may take up his land
(which is but 20 acres), and make the advantage of the
buildings to himself. (5) Whereas your Majesty was
pleased to constitute Robert Steward to be Register of
the Court of Chancery here, Examiner thereof and
Clarke of the Crowne, by collour of which patent he
executes all those places by his severall Deputies, which
is expressly against one of your Majesties Instructions,
which directs the Commander in Cheife of this Island
for the time being not to suffer any person to execute
more Offices than one by deputy, and the said Steward
notwithstanding he has the whole profitt of such Offices
continues one of the most considerable practicers of
the Law in this Island, so that scarce any cause happens
to be controverted either at the Common Law or in
the Chancery wherein the said Steward does not draw,
prosecute, defend and plead either for the plant if e or
defendant, which is expressly against the practice and
rules of law and equity in England, and he is so far
countenanced therein, that in Dec. he appeared in a
Court of Oyer and Terminer in five severall cases, wherein
your Majesty was concerned in prosecuting severall
persons by way of indictment, and Steward, moved to
quash such indictments, which were drawne by his
own Deputy, and Steward have rented out the Office
of Clark of the Crowne for 1001. sterl. per annum, and
for the better secureing the same, have taken severall
judgments of 100/. each with security for payment
thereof, which are for seven severall years, all which
practices tends to the perverting of Justice, a scandall
to the severall Courts, and by that means no suitor
can be safe in their persons or estates. (6) Severall
new and unheard of methods are lately introduced into
the Courts and Offices, by means whereof severall summs
of mony have been extorted, and in particular no masters
of vessell (tho 5 whole fleets of ships are bound away
from hence) can have liberty to sayle either with or
without convoy, without petitioning the Governor for
leave, for which petition and order thereon 17s. 6d.
is extorted and paid to the Secretary of this Island,
but for whose and what use the Secretary himself is
best able to relate. (7) Notwithstanding it is your
Majesties positive instructions, that none of the Judges,
Assistants, Justices of the Peace, or other Officers shall
be displaced without good and sufficient reason, yet
260 COLONIAL PAPERS.
1704.
severall persons have been discharged by the Governor
without any reason, and severall put into Commission
without the consent of your Majesties Councill. (8)
William Holder has lately been constituted Cheiffe
Judge of the cheiffest Court of Common Pleas, vizt.
for the precincts of St. Michaell's, tho' he never was
known to be of any Christian community, neither hath
he yet been baptized, and was heretofore rejected for
that reason, and he is by the Governor admitted to be
Speaker of the Assembly. (9) Nicholas Paston, in
behalf of himself and severall other poore people,
petitioned the Governor against Col. John Holder of
great hardships, sever ityes and abuses to the inhabitants
and soldiers under his command, which have been
rejected, unheard and unredressed. Pray that H.M.
will direct a Commission may be sent to some knowing,
discreat and indifferent persons resideing in this Island,
\uth full power to call before them all such persons,
books and papers that can prove the matters hereby
charged, and that such Commissioners may returne
a particular account of their proceedings, and that in
the mean time such orders may be sent to H.M. Governor
that H.M. subjects here may enjoy the immunities and
priviledges of H.M. laws, and not to suffer in their
honors, persons and estates, against the known laws,
as many of them have allready done etc. Signed, Jon.
Leslie, Tho. Maycock, Philip Kirton, Wm. Terrill,
Chris. Estwicke, Enoch Gretton, Thos. Maxwell. 8 pp.
[C.O. 28, 7. Nos. 47, 47.i. ; and 29, 8. pp. 484-503.]
Sept. 20. 571 . Council of Trade and Plantations to the Queen. Having
Whitehall, received a Petition from the Planters and most of the Merchants
in England trading to Barbados together with a Memorial from
the Royal African Company, and having heard the said persons
thereupon, we humbly offer that there will be at least 20 vessells
ready to saile to Barbados in Oct., besides severall others to the
Leeward Islands, with utensills and goods necessary for the
present supply of those Islands, provided they may be assured
of convoy to be ready for them by that time, that 70 days after
the arrival of the said merchant ships at Barbados they will be
ready to return, with effects from that Island, as several ships
will likewise be from divers of your Majesty's other Plantations
upon notice that a convoy will at that time be ready to return ;
upon which considerations they humbly request that a convoy
consisting of one 4th rate, and another smaller vessell be allowed
them, the same to be ready by the latter end of Oct., and that
two of the ships of war that are now upon the guard of that Island
be ordered to returne with the said fleet and such ships as shall
be ready from the other Colonies at the time beforementioned,
that guard to be supplied by the two ships of war thus desired.
We humbly take leave to add the opinion of Governor Sir B.
AMERICA AND WEST INDIES. 261
1704.
Granville, that two convoys yearly are absolutely necessary
for the supply and trade of that Island. [C.O. 29, 8. pp. 482,
483.]
Sept. 21. 572. Order of Queen in Council. H.R.H. the Lord High
Hampton Admiral is to consider preceding, and to take such care therein
Court. ag ghaji j^ f oun( i most convenient with regard to H.M. service.
Signed, John Povey. Endorsed, Reed. Read Oct. 3, 1704. f p.
[C.O. 28, 7. No. 48 ; and 29, 9. pp. 49, 50.]
Sept. 21. 573. Order of Queen in Council. Referring following petition
Hampton to the Council of Trade and Plantations for their report. Signed,
lrtl ' John Povey. Endorsed, Reed. 23rd, Read 26th Sept., 1704.
| p. Enclosed,
573. i. George Lillington, Michael Terril, David Ramsay and
Benjamin Cryer to the Queen. Petitioners for severall
years past have had the honour to be of the Councill
in Barbados, in which, and in severall other considerable
stations, they have served your Majesty and the late
King faithfully and dilligently. H.E. Sir Bevill
Granville procured a Bill to be brought into the Assembly
in Nov. last for raising of standing forces in the said
Island and for laying a heavy tax upon the inhabitants
for maintaining them, which was then thrown out.
Your Petitioners conceived that such a Bill would be
a great prejudice to the Island for many reasons which
they are ready humbly to offer to your Royall considera-
tion, and found that thereby the Governor would have
a certain Revenue of 3,000/. per annum, which they
apprehend was contrary to your Majesty's directions,
signifyed in May last, etc. For which reasons,
Petitioners thought it their duty to oppose the passing
the said Bill, whereby they incurred the displeasure of
H.E., who was thereby provoked so much that in June
last he was pleased to suspend your Petitioners from
being of the Privy Councill there. The pretended
reasons assigned for suspending Lillington were, for
encourageing faction, and that his name was mistaken
in your Majesty's Instructions, and for suspending
Terrill and Ramsay were for encourageing faction, and
not attending in Councill, and for suspending Cryer
were for encourageing faction, for not attend ng as he
ought in Councill and for marrying without licence from
H.E., whereas your Petitioners' loyalty and affection
to your Majesty and your Government both here and
there and their constant attendance in Councill is too
well known in the Island to be questioned, they having
never been guilty of any disloyal or factious act, nor
ever absented from the Councill but in case of sickness
or some other unavoidable necessity, nor were any of
your Petitioners ever permitted to be heard touching
the crimes alledged to be the cause of their suspension
262
COLONIAL PAPERS.
1704.
nor did they know they were charged with such crimes
till after they were suspended. They are informed
H.E. hath since nominated other persons to fill their
places, and hath proposed them to your Majesty for
your royal approbation, which will be construed as a
mark of your displeasure to Petitioners, than which
nothing can be more grevious to them, especially when
it proceeds from accusations for crimes which they
abhor etc. Pray to be heard as to the matters charged
against them, and to be restored to their places, and
that till such hearing your Majesty will not be pleased
to confirme or approve the persons nominated by H.E.
to sitt in Councill in their places. Signed, Geb. Lilling-
ton, David Ramsay, Michll. Terrill, Ben. Cryer. Copy.
3 pp.
573. ii.-v. The answers of Lillington, Cryer, Terril and Ramsay
to Governor Sir B. Granville's reasons for suspending
them from the Council. June, 1704. [See under
July 1st.] Endorsed, Reed. Read Sept. 26, 1704: 6J pp.
[C.O. 28, 7. Nos. 49, 49.i.-v. ; and, 29, 9. pp. 1-6 ;
and (duplicate of No. I only) 28, 38. No. 27.]
Sept. 22. 574. Jeronimy Clifford to the Council of Trade and Planta-
Fleet. tions. Prays for a copy of a report upon his claim [Feb. 10 etc.]
before the same is laid before H.M. Signed, Jer. Clifford.
Endorsed, Reed. Sept. 23, Read Oct. 3, 1704. [C.O. 388, 75.
No. 100 ; and 389, 36. pp. 219, 220.]
Sept. 22. 575. W. Popple, jr., to Josiah Burchett. Enquires the
Whitehall, number and rates of the ships of war that are now on the service
of Barbados, the Leeward Islands and Jamaica. [C.O. 324, 9.
p. 35.]
Sept. 25. 576. Account of exports of Antigua, May 27-Sept. 25, 1704.
Antigua. 53 vessels loading Sugar (1,166 hhds., 3,829 trs., 1,012 barrls.
1,661 hhns. Cotton, 494 bags. Tobacco, 112 bundles, Ginger,
1,979 bags. Lignum Vitce, 1,425 logs, 46,000 pounds. Rum,
6 hhds. 37 trs. 55 barlls. etc. Signed, John Brett, Naval Officer.
1 J large pp. [C.O. 7, 1. No. 7.]
[Sept. 25.] 577. Account of the imports of Antigua, June 6-Sept. 25.
Antigua. 59 sloops etc. enumerated, chiefly from England, the American
Continent and the West Indies ; their cargoes described in general
terms. Signed, John Brett, Naval Officer. 1 large p. [C.O. 7, 1.
No. 6.]
Sept. 26. 578. Council of Trade and Plantations to the Lord High
Whitehall. Treasurer. Recommend petition of Wm. Popple for payment
of balance of sums disbursed by him. Annexed,
578. i. Petition of William Popple to the Lord High Treasurer
referred to in preceding. [C.O. 389, 36. pp. 212-218.]
AMERICA AND WEST INDIES. 263
1704.
Sept. 26. 579. Geo. Clarke to Mr. Popple. Gives names of ships
Adm. Office, attending the West Indies. (1) Jamaica, Nonsuch, Guernsey,
Mermaide, Deale Castle, St. Antonio sloop, Barman and Earle,
fireships, Lewes hulke. (2) Barbados, Warwick, Winchelsea.
(3) Leeward Islands, Lynn, Margate. Reed. Read Oct. 3, 1704.
J p. [C.O. 323, 5. No. 62 ; and 324, 9. p. 36.]
Sept. 28. 580. Sir C. Hedges to Governor Sir B. Granville. Encloses
Cockpitt. letter from the Commissioners for the exchange of prisoners,
showing the method it is done in these parts. You are to put
the same rules in execution, as far as is consistent with H.M.
service, and let me know what objections you have etc.
Acknowledges letter of July 2. I wish you could find a way
to rid yourself of the French privateers etc. Signed, C. Hedges
Annexed,
580. i. Commissioners for exchange of prisoners to Mr. Secretary
Hedges. Sick and Wounded Office, Sept. 28, 1704.
See preceding. [C.O. 324, 30. pp. 7-10.]
Sept. 28. 581 . Similar letter to Governor Handasyd. Concludes :
The fleet that sailed from Port Royal, July 11, is lately arrived
safe. H.M. commands me to recommend William Wanlesse
for a Captain's Commission in a regiment under your command, etc.
Signed, C. Hedges. [C.O. 324, 30. pp. 11, 12.]
Sept. 28. 582. Similar letter to Governor Sir W. Matthew. P.S. You /
will give me leave to put you in mind of your promise to me
in relation to Mr. Lar kin's widow. Signed, C. Hedges. [C.O. 324,
30. pp. 12, 13.]
Sept. 28. 583. Similar letter to Lt. Governor Bennett. Concludes :
Your petition to H.M. for Capt. Lancelot Sandys' Company has
been effectually answered, H.M. having been pleased to give
you that Commission. [C.O. 324, 30. pp. 13, 14.]
Sept. 28. 584. Extract of letter from Governor Sir W. Ma the w to his
St. Christo- Agent, Mr. Barwick. I desire your care in receiving sixty carriages
pher's. f rom the Ordnance. I have wrote to Mr. Blathwait our great
want of six mortars with bombs, as also 30 cannon of 18lb. They
shall be mounted at the country's charge, save the carriages
for the mortars. If they are of 50lb. shell they are large enough :
four master-gunners we much want also. Do not forget to apply
to the Bishop of London for Ministers. I have wrote to his
Lordship for six. My Lords Treasurer and Chamberlain signed
an order for furniture for a Chappell, pray demand the same etc.
The seal of the Island is much wanted alsoe. Endorsed, Reed.
Read Jan. 9, 170f 1 p. [C.O. 152, 6. No. 1 ; and 153, 9.
pp. 71, 72.]
Sept. 29. 585. Governor Seymour to the Council of Trade and
Maryland. Plantations. I take this occasion by Capt. George Rogers in
H.M.S. Gosport (who expects to be joined by Capt. Smith in the
Jersey from Boston, and about Oct. 8 next to sail for England,
264 COLONIAL PAPERS.
1704.
having promised to take under his care and convoy what ships
can be got ready to sail by that time as well from Virginia as
this Province) to transmit to your Hon. Board Laws, Journals etc.
The General Assembly by writs issued since my arrivall, met
here the 5th inst., and pursuant to H.M. Instructions H.M. Council
and myself having perused, well considered and observed many
of the Laws to be ill worded, and insufficient to effect what thereby
was intended, and otherwise very irregular and not consonant
to H.M. Instructions, this present Sessions is now busied in the
revising and re-enacting the whole anew, which I hope will be
very speedily and happily effected, and then will take care that
by the very first conveyance they shall together with the Journals
of the Council and Assembly of this Sessions be transmitted to
your Lordships for your better consideration. In St. Marys
and Charles Countys, being the Southwest parts and where the
Lord Baltemore's seate of Government was, are near 600 or 700
papists, the chief e whereof are his Lordship's relations and Agents,
and they being continually supplyed from Europe with Jesuits
(who have houses and lands of great value sett apart for their
mayntenance here) have now not less than ten of that sorte
among them, who use all their slye and assiduous endeavours
to promote their superstition, run about the country, make
proselites and amuse dying persons with threats of damnation etc.,
and thereby give greate offence and scandall to H.M. Governmt.
here ; so that two of the chiefe of them were presented lately at
St. Marys County Court, William Hunter for consecrating a
popish Chappel, and Robert Brooke for saying Mass publiquely
at the city of St. Marys in the Chappel when ye County Court
were sitting there, upon which occasion I had the advice of H.M.
Councill here, and it being thought by some, that if the said
priests shou'd be prosecuted at the Provincial Court, it might be
disputed how far any penal statute of England not expressly
naming the Plantations would extend hither ; it was resolved
least a Jury might mistake and acquit them, and so give them
occasion of triumphing, it wou'd be more advisable to summon
them to the Council Board, where I severely reprimanded them.
My Instructions in this point are different from what other
Governors here have had, theirs being to admitt of liberty of
conscience to all who behaved themselves so as to give no occasion
of scandall or offence to the Governmt., but mine to all such but
Papists, whom I take to be expressly excluded from that toleration,
and thereupon with the advice of H.M. Councill, have ordered
their publique Chappel at St. Marys to be shut up, and shou'd
be very glad to have your directions herein. These priests would
not long continue here, were it not for the great encouragement
that is given them by their disciples, especially the Lord
Proprietor's relations, and his Agents, who are Irish Papists and
by having the disposall of all lands in their hands, have such an
ascendant over severall in this Province that thereby they are
alsoe enabled to gaine many voices in ye General Assembly, who
as well as others here are made sencible that such as favour Popery
are likelyest to be ye kindlyest dealt by in grants of lands. Wee
AMERICA AND WEST INDIES. 265
1704.
have another sorte of people called Quakers, who are fewer in
number, but yet are offensive to H.M. subjects here, under ye
pretence of Tolleration refusing to beare any share in the defence
of the countrye, or to be any wise usefull in their Generation ;
and whilst they enjoy plentiful Fortunes sitt at home without ye
least concerne of the publique safety or welfare. I am using
my utmost endeavours for ye better regulating the Militia here,
which is at present very ill disciplined, and whilst all others are
called forth upon this occasion, these sorte of people are not in
the least burthened by that or any other service, which divers
persons who have no foundation or true sence of Religion (but of
covetous humours and desiring their private ease) perceiving,
have thereby been induced to profess themselves Quakers. These
men enjoy the good of the Land, and though they seem not to
think themselves concerned for ye defence and security thereof,
yet I hope H.M. will direct how they may be made conformable
to reason, and that they may bear a share in the Militia, otherwise
it will cause many lukewarme Christians to declare themselves
of that sect, with designe to excuse and avoyd that service.
About Aug. 11, one Capn. Richard Johnson (who sayled out of
this Province, being taken into Martinico by the French, and as
he says very hardly used) being put on boarde a small barque
of 70 tunns called L'Ortolont, Pierre Rolleau master, and bound
for Old France, with the assistance of another English prisoner,
had in the latitude of 30 and 40 minutes North latd., and in the
longitude of 319 and 9 minutes surprized the said vessel, throwing
the Commander overboarde and brought her with 8 Frenchmen
into this Governmt., upon which the proceedings herewith inclosed
were had. I hope you will approve what I have acted with integrity
and upon ye best advice I could get. Signed, Jo. Seymour.
Endorsed, Reed. Aug. 31, Read Oct. 16, 1705. 5 pp. Enclosed,
585. i. Minutes of Council of Maryland upon the case of the
L' 'Ortolan. Sept. 9, 1704. Endorsed as preceding.
585. ii. Duplicate of preceding.
585. iii. Capt. Johnson's narrative of his seizure of the Ortolan.
" The French Commander charged a pistoll and carried
severall days in his pockett, the said Johnson being
dayly in danger of his life, and very much abused and
his country, being often telling him Englishmen did not
know how to fight, resolved if pleased God to free himself,
and on July 13 about tenn of the clock at night, rise,
the Capt. falling overboard, command the rest of the
French, and in two hours after gave them their liberty,
being eight in number, he being only himself, his boy and
one Englishman, then making the best of his way towards
the Capes of Virginia on Aug. 6 arrived in the bay of
Cheasopeak, and delivered the ship to the Governor of
Maryland, and she was condemned as lawful prize at
Annapolis. Signed, Richd. Johnson. Endorsed as pre-
ceding. 1 p. [C.O. 5, 715. Nos. 81, 81.i.-iii. ; and
(duplicate of No. i.) 5, 751. No. 55 ; and (without
enc j osures) 5, 726. pp. 313-317.]
266
COLONIAL PAPERS.
1704.
Sept. 29. 586. Governor Seymour to the Earl of Nottingham.
Maryland. Acknowledges Instructions relating to trade with New Spain and
Prizes (Feb. 16 and 18). Repeats case of Capt. Johnson above.
Prays for H.M. Instructions therein, for I am altogether a stranger
to ye Court of Admiralty as well as the rights of H.R.H. etc.,
but have taken the safest measures upon the best advice to have
the produce of the said prize forthcoming, etc. Repeats preceding.
Signed, Jo. Seymour. Endorsed, R. Sept. 1, 1705. 4 pp.
Enclosed,
586. i. ii. Duplicates of above No. 1.
586. iii. Duplicate of No. iii.
586. iv. Duplicate of Letter. [C.O. 5, 721. Nos. 1, l.i.-iv.]
Sept. 29. 587. Expenses of the Commission for Trade and Plantations,
Midsummer to Michaelmas, 1704. Petty Expenses, 19. 05. IQd. ;
Stationary, 19 4s. Id. ; Postage, 35/. 4s. lOd. The whole endorsed,
Reed. Read Oct. 19, 1704. 3J pp. [C.O. 388, 75. Nos. 101-103.]
Sept. 29. 588. Governor Sir B. Granville to Sir Charles Hedges. The
Barbados, vessel that brings this is sent by the inhabitants who are much
alarmed by the proceedings of Capt. Martin, H.M.S. Blackmail.
They send complaints to lay before H.M. in relation to his
behaviour, and as what he has done has been in opposition both
to ye authority H.M. and H.R.H. have put into my hands, as
well as to the established laws of this place, I beg that both ye
Island and myself may have your protection. I have an account
by some prisoners who made their escape lately from Martinique
that 3 French men of war arrived there from Europe about six
weeks since. There has bin this last year arrived at Martinique
from France at about ye distance of every four moneths such a
number of men of war ; but they make no longer stay there
then is necessary to refitt and to proceed for some ports of Spanish
America ; none of them has cruised in our parts as I can learn.
The mischief that is done us is all by their small privateers. Signed,
Bevill Granville. Endorsed, R. Jan. 2 [1705]. If pp. [C.O. 28,
38. No. 28 ; and 28, 43. No. 3.]
Sept. 29. 589. Governor Sir B. Granville to the Council of Trade and
Barbados. Plantations. Capt. Samuel Martin, H.M.S. Blackwall, having
at his departure hence carryed off severall persons without a
tickett contrary to the laws of this place, and committed several
other extravagant and unwarrantable actions, the inhabitants
have been so alarm 'd at it, that the Council and Assembly applyed
to me for leave to send an expresse boat to their Agents, giving
an account of his whole proceeding, with directions to lay them
before your Lordships, and to beg that such justice may be done
upon Capt. Martin as may prevent any others from doing the
like again. As they will enlarge on the whole matter, I will
trouble your Lordships no further then in laying before you
some papers which show the share I have had in his extra vagancys ;
from them your Lordships will see the indignities he has offer 'd
to me and the characters I have the honour to bear, both under
AMERICA AND WEST INDIES.
267
1704.
H.M. patent as Governour and H.R.H. as Vice Admirall. I
make no doubt but that (being as I am under your Lordships'
protection) I shall have exemplary satisfaction, which I doe
numbly crave. Inclosed is a copy of my last sent by H.M.S.
Milford, part of the convoy to the fleet, which sail'd from hence
Sep. 18, but was not out of sight by reason of the calms they
met with till Thursday, Sep. 21. Repeats last part of preceding.
With this I send duplicates of the former Minutes of Councill.
Signed, Bevill Granville. Endorsed, Reed. Jan. 2, Read Feb. 5,
170f. 2 pp. [C.O. 28, 7. No. 50 ; and 29, 9. pp. 143-145.]
Sept. 29. 590. Governor Sir B. Granville to W. Popple. Refers to
Barbados, despatches "sent by the fleet wch. sailed hence the 18th inst.
and consisted in upwards of 50 sail of mercht. men besides what
was to joyn them at the Leeward Islands " etc. Signed, Bevill
Granville. Endorsed, Reed. Jan. 2, Read Feb. 5, 170f. Holograph.
1 p. [C.O. 28, 7. No. 52 ; and 29, 9. p. 146.]
Sept. 29. 591. J. Holder to M. Holder and Mr. Bromley. Repeats
Barbados, complaint against Capt. Martin [as above] for carrying off several
persons from the Island without tickets etc., notably in the case
of one Lee : Mr. Slingsby, Clerk to the Bridge Court, for a
considerable time past hath been complained of for having
committed divers irregularities in the execution of his office.
At length there was a petition lodged before the Judge, and an
Order thereupon made that, about 5 days before the fleet sailed,
the Petitioner accusing him of exorbitant crimes should be heard
before the Judge and his assistants, but Slingsby by me made
an interest with the Judge that, in regard the fleet was so speedily
to sail, and that he was embarrassed with the publick and his
private affairs, which required dispatch by the Fleet, as well as
that he was served with the Order on the said petition but the
day before, he might have any short day after the Fleet to answer,
which was granted. But now all those proceedings are frustrated,
for that one Mr. Lee, who was the only evidence that could prove
the articles charged on Slingsby, by a politick contrivance was
engaged in a broil, and the Lieutenant of Capt. St. Loe of the
Dolphin, with some seamen attending him, siezed Lee and hurried
him on board, where for several days he was detained, and though
divers applications have been made to this imitator of Martin,
and particularly by my Uncle Holder, not only as the Judge
wherein Lee was to have proved matters for H.M. service, but
also as Speaker of the Assembly, nothing could prevail, for that
he had for 100?. undertaken it. If the interest of our friends
don't remedy these exorbitancies, we must of necessity desert
a country which neither affords us security for our persons or
estates etc. Signed, J. Holder. Endorsed, Reed. Read Jan. 26,
170|. 7J pp. [C.O. 28, 7. No. 51.]
Oct. 2.
St.
Christophers.
592. Governor Sir W. Mathew to the Council of Trade and
Plantations. By the fleet bound home I send the Acts passed
^ gt Christophers and humbly pray your Lordships will please
68 COLONIAL PAPERS.
1704.
to recommend them for H.M. royal approbation. Some others
are passed but not remitted from Windward, by what mistake
I cannot yet learn, no more then that the state of those Islands are
not sent pursuant to my orders, of all which due enquiry shall
be made and the speediest account sent. The Barbadoes Fleet
not touching at Antigua, and Mountserrat being the windwardmost
Islands has occasioned the losse of some days sailing to the whole
fleet, whereas they might have taken all in their way and saved
the taking of three vessells by the enimy, two whereof by great
chance, I am just now informed, are retaken and the third the
enimy were obliged to quit and burned. I have vissited all the
Islands, which are verry healthy, but the number of inhabitants
very small, if some way could be found out for the better peopling
them, do humbly conceive H.M. Revenue would thereby be
considerably increased as well as her Colonies better secured.
Refers to the great want the Islands are in of cannon fitt to protect
the shipping, all our Roads on the three Leeward Islands lying
open and exposed, if the want of mortars and bombs could be
supplyed by your Lordspps. means, it would be great peice of
service. The enimy have lately fitted out 15 privateers one of
which of 14 gunns the Lynn, man of war, has taken, having 70
men on board, the greatest part are sent home by this Fleet.
Signed, Will. Mathew. Endorsed, Reed. 4th, Read 12th Dec. 1704.
Holograph. 4 pp. [C.O. 152, 5. No. 81 ; and 153, 9. pp.
54-56.]
Oct. 3. 593. W. Popple, jr., to Mr. Clifford. The Council of Trade
Whitehall. an d Plantations grant your petition of Sept. 22. The report
is not yet made. [C.O. 389, 36. p. 221.]
[Oct. 3.] 594. Nathaniel Gary to the Council of Trade and Plantations.
The Governor, Council and Assembly of the Massachusetts Bay
commissioned me to bring their Addresses and letters to England.
On my voyage hither in the Seaftower we were taken by the French
and carried prisoners to Brest, but I threw all my papers over-
board. Two of the particulars of the greatest importance in the
said Addresses were (1) to have great guns, arms and ammunition
to defend themselves and insult the Indians, who make frequent
incursions into our frontiers ; (2) to have permission for the
Governor to send one or more 4th. rate ships for a winter convoy
to secure our salt ships and other ships trading to and from the
Province. There is one of the best fortifications in America built
at Boston, and besides those already there, it will be necessary
to have at least 20 great guns, and less than 50 barrels of
gunpowder with arms and other ammunition proportionable
will not be sufficient to supply the present exigencies. Prays
for a favourable Representation. Refers to the trials of Capt.
Quelch and Larimore, and Lt. Wells. [See July 13.] The two
latter, committed as accessories, were put on board the sloop,
with four witnesses, under my care, to be tried in England.
Larimore and Wells were taken and carried into France, but are
AMERICA AND WEST INDIES. 269
1704.
now arrived in England and two of the witnesses. Signed, Nathl.
Gary. Endorsed, Reed. Read Oct. 3, 1704. If pp. Enclosed,
594. i. Governor Dudley's Instructions to Mr. Gary as messenger.
Boston, July 20, 1704. Copy. If pp. [C.O. 5, 863.
Nos. 117, 117.i. ; and 5, 911. pp. 389-393.]
[Oct. 5.] 595. Copy of an Act for the security of the bays, towns,
and sea-coasts of Barbados etc. Endorsed, Reed. 5th, Read
13th Oct. 1704. 9J closely written pp. [C.O. 28, 7. No. 55.]
Oct. 7. 596. Mr. Jackson to Sir Charles Hedges. Refers to revolt
Fort William o f the garrison [see Dec. 23, 1704]. I have wrote to your Honour
m Harbor inS these ^ wo y ears past, giving an account of all transactions, but
Newfoundland. such was the guilt and jealousy of our officers in this place, that
they have intercepted my letters and stopt me from revealing
the truth. Encloses an account of the Church for the Bishop
of London, etc. Signed, John Jackson, Minister. Endorsed,
R. Dec. 22. Addressed. Holograph. If pp. Enclosed,
596. i. Petition of the Company of Soldiers at St. Johns to
Commodore Bridge[s] Aug. 10, 1704. No recruits
coming over to relieve us from this slavish service, we
perceive we are trickt and put upon without any
consideration of our miserable condition. We are too
sensible of Capt. Lloyd's fraud, cheating, ill usage of
us, and of his inhumane practices over us, and will no
longer live under his tyranny, but will desert the Fort
and service, if he must continue to command us. Pray
Capt. Bridge to suspend Lloyd, place Lt. Moody in
command and present their petition to be relieved to
H.M. 37 signatures. 1 p.
596. ii. Soldiers at St. John's to Commodore Bridges. Complain
of Capt. Lloyd's extortion. No signatures. If pp.
596. iii. Masters of ships and Inhabitants of Newfoundland
to Commodore Bridge. Similar to Dec. 23. No. iii.
25 signatures. 1 p.
596. iv. Duplicate of Dec. 29. No. iii.
596. v. Duplicate of Dec. 23. Nos. i., ii.
596. vi. Muster-roll of the Company at St. Johns. 1 p.
596. vii. Lt. Moody's reason for signing the soldiers' petition.
I thought, with Capt. Bridge, that my doing so might
hinder them from deserting. Signed, Jno. Moody, f p.
596. viii. Copies of the Examinations of Laville and Belrose,
deserters from Placentia [see Oct. 25, 1703], and of the
reports of spies from Placentia, and of the French
prisoners Dutilly, La Richardierne and Jean Lanvaux
etc. etc. [See under May 13 and Oct. 10.] 33J pp.
[C.O. 194, 22. Nos. 9, 9.i.-viii.]
Oct. 7. 597. Mr. Addington to Wm. Popple. Encloses Acts, Sessional
Boston. Papers, and following. Signed, Is. Addington. Endorsed, Reed.
Dec. 23, Read Jan. 31, 170f. 1 p. Enclosed,
270 COLONIAL PAPERS.
1704.
597. i. List of fines and forfeitures in New Hampshire, Dec.
1695-Dec. 1702. 21 of the 50 cases are fines (21. 10s.)
upon women for fornication and bastardy. Other
offences include stealing, fighting, abusing the Court,
threshing the Constable, perjury, excessive drinking,
quarreling etc. Endorsed, Reed. Dec. 23, 1704. 3 pp.
597. i.-xvi. Lists of cases tried in the several Courts of Judica-
ture in the Massachusets Bay. 1703, 1704. Endorsed
as preceding. 32pp. [C.O. 5, 863. Nos. 119, 119.i.-xvi. ;
and (without enclosures) 5, 911. pp. 444-447.]
Oct. 10. 598. Capt. John Moody to the Council of Trade and
Fort William Plantations. On Sept. 12, Capt. Thomas Lloyd was suspended
Harbour*?! 8 fr m ^ ne command of H.M. garrison and soldiers by Commadore
Newfoundland. Bridge, occasioned by a Petition from the soldiers complaining
of abuses, and it has been the Commadore 's pleasure to appoint
me, being the next officer, to command H.M. garrison, till H.M.
pleasure be farther known, and I have likewise sent your Lordships
enclosed the depositions of seven French deserters from Placentia,
thirty more being dayly expected. Signed, John Moody.
Endorsed, Reed. Nov. 16. I p. Enclosed,
598. i. Deposition of John Moine, late Serjeant, native of
France, who on Sep. 23 last deserted from Placentia.
There is in the garrison about 150 soldiers in three
Companys, but in great discontent for want of their
pay, and severall more are on the rode hither. In the
lower Fort there are 6 gunns of 36 pounds, and 6 of
24 pounds, and 24 of 18. Against the sea, the fort is
sod work, and towards the land only palasados. In
the fort on top of the hill there are 10 gunns whereof
6 are of 18lb., and 2 of 12, and 2 mortars of 150lb. weight
each. The fort is of stone, but not well built ; the
walls are about 14 foot high and palasadod round, the
which palasados- on the land side at severall places are
near 50 foot from the wall, but on the side next the
sea not passing 10 foot distant. The cause of their
deserting was the hard usage and severe treatment that
they had from ye Governour, who debarr'd them from
their pay etc. His severity did not only extend to them,
but also to the inhabitants, many of whom, if they
could get . their familyes from thence, would likewise
come away. 10 other deserters confirmed the above.
1 p. [C.O. 194, 3. Nos. 29, 29.i. ; and 195, 3. pp.
344-347.]
Oct. 10. 599. Lt. Governor Evans to the Council of Trade and
Philda. in ye Plantations. I hope mine of May 28 is long since with your Lord-
sn ip s > w &h a CO P V of a Proclamation for the setling a Militia
throughout this Government, there was a mistake in it (which
I crave leave of your Lordships to sett aright) that being made
general for the whole Government of Province and Territories,
whereas there was one issued out for each, the reason was that
AMERICA AND WEST INDIES. 271
1704.
in the Province those called Quakers are very numerous, and
there being no law to enforce them to that service obliged me
to insert a clause in the Proclamation for the Province, that
" all persons residing in this Province whose perswasions will
on any account permit them to take up arms in their own defence
that forthwith " etc. In that for the Three Lower Counties that
clause is left out, the number of those people being inconsiderable
there. My only end in this, as in all other things, is the service
and safety of H.M. Province, and tho' in many cases one cannot
arrive to so great a length and perfection as might be wish'd,
yet I shall endeavour to make all possible advances towards it,
and not by attempting impossibilities render what may in some
measure be of good service wholly ineffectual. I have likewise
sent to your Lordships a copy of a Proclamation for the
encouragement of those who have taken up arms for the defence
of the country, by exempting them from the common services of
the wards, which has been of singular good effect, and will I hope
generally be thought but reasonable, that those who have
voluntarily enter 'd into and inlisted themselvs in that service,
without any consideration for their time and attendance, should
be encouraged by all reasonable and lawfull means. I shall
give your Lordships an account of the Proceedings with the
Assembly here in pursuance of H.M. commands, in relation to
the Quota for the Northern frontiers etc., which tho' they have
failed in their present effect will I hope demonstrate I have not
fail'd in my duty and utmost obedience to H.M. commands.
In the first place I told them that they must needs think that
H.M. expected that while all the rest of her subjects everywhere
chearfully contributed to the great and necessary expences of
her happy Govt., they would with no less alacrity concur to advance
what either the exigencies of our own Govt. or our neighbours
(when the charge and care is thought of e quail advantage to us
with our own) may reasonably require, and particularly, that
it was expected of them to find a way with all speed to present
H.M. with the summe mentioned in the late King's letter to
help towards the defraying such charges as the Govt. of New
York is necessarily oblig'd to bear for our common interest and
safety. Some time after the Assembly by a message to me
desired I would lay before them such orders as had come to my
hands concerning the money required to be advanced for the
assistance of New York, upon which I sent them a copy of the
late King's letter to my Lord Bellamont, Jan. 19, 1700, and a
letter from H.E. my Lord Cornbury to my predecessor Col.
Hamilton, Nov. 19, 1702, and a letter from your Lordships to
our Proprietor, May 21, 1703, and one of H.E. my Lord Cornbury
to me, dated Aprill 15 last. To all which I received in answer,
that as to the expectations of presenting the Queen with the
summe mentioned in ye late King's letter, they refer'd to the former
Assembly's answer thereto, which they hoped was so represented
at home, that they should not be justly blamed for not raising
money at that time for that service, since they had their own
back settlements to secure, and their Friend Indians to ingage,
272 COLONIAL PAPERS.
1704.
This answer no waies satisfactory to me for many reasons, as
your Lordships will see, caus'd me as fully as I could possible
to lay the matter before them and to press it home to them,
the substance of which I shall trouble your Lordships to read
over. That I found myself under an unavoidable necessity of
letting them know, that I could not take as satisfactory their
answer to the Queen's expectations, the former answer of the
Assembly, to which this now refers, pleads reasons, the edge of
which the space of almost three years has wore off, and that
Address requests ye Proprietary that the further consideration
of the King's letter may be refer 'd to another Meeting of Assembly,
or untill more emergent occasions shall require their proceedings
therein, so that the very Address refer'd to turns it now upon
this Assembly ; those demands not being answer 'd by any of the
foregoing ; and for emergent occasions there mentioned, it could
be wished that there were none so urgent as a dangerous warr
broke out since that time affords us, besides the Queen's further
in junctions still pressing it, from which injunctions tis also
evident, that no representation the Proprietor has made of that
affair, has been sufficient to secure this Province from blame
upon their former failure, seeing they are again pressingly urg'd
to it by the Queen's own commands above 14 months after her
happy accession to the throne. It is undoubtedly true that the
Government of New York lies much exposed to the attacks of
ye enemy, that their strength and defence tends to our security,
and that the Governments to the Eastward are very deeply
engaged in defences of their own, which also makes for the common
safety, while we of this place whose-lives and fortunes ought to
be equally dear to us, have enjoyed peace and tranquility without
contributing anything considerable in comparison to others
towards the obtaining it, and whatever our neighbours shall
find themselvs obliged to doe for their own safety, yet if we appear
resolved to give them no encouragement, we shall have little
reason to blame them, if when they have opportunities, as they
frequently may, they fail to extend their regards to our welfare
as concerned in the publick good, seeing we contribute nothing
to the publick charge, nor can we ever expect to recommend ourselvs
to the protection of the Queen, while we shew no more respect to
her desires of that kind, that either from herself e or Royal
predecessors have soe rarely reached us. These or the like reasons
I told them I was credibly informed have so far prevailed on
the Government of Maryland, as that they have raised a good
part of what was required of them for this service, notwith-
standing they ly much more secure and out of danger, nor could
I believe that this can clash with the religious perswations of
any man, seeing there are many other vast charges besides the
actual making of war, and this is not required for carrying on
of any war as in the Acts of Parliament in England in such cases
is always mentioned, and yet is there comply'd with to a very
high proportion of their estates by all persons whatsoever without
objection on this score. Here the Queen only demands such
a summ, which common reason will tell us is exceedingly necessary
AMERICA AND WEST INDIES. 273
1704.
for the publick good and safety of all the adjacent parts, and as
it is absolutely necessary that funds should be raised for the
support of Government and answering publick exigencies, so
if they be made proportionable to those exigencies of which
this is a very great one, I should faithfully take care that they
should all to the utmost of my power and this among the rest,
be duely answer'd. This is in effect what I urgently press'd
to our Assembly touching the Quota, but other matters being
introduced and insisted upon by them, as that of divesting the
Governor of the power of Prorogation and Dissolution, a point
not to be given up by Government on any account whatever
(witness the marks yet too visible of that fatal concession, made
in the time of H.M. royall Grandfather) occasioned the breaking
up the Assembly without doing anything to supply even the
pressing necessities of the Government. We shall have another
Assembly here the 14th inst., to whom I shall continue to press
the matter, and shall give your Lordships an account of my success.
Signed, John Evans. Endorsed, Reed. 2nd, Read Jan. 19th, 170f.
14 small pp. Enclosed,
599. i. Copy of Proclamation. Duplicate of No. 359.L
599. ii. Copy of Proclamation by Lt.-Gov. Evans. All persons
who inlist in the Militia and duly perform their services,
shall be exempted from serving on the watch, or as
constables within any of the districts of this Province,
etc. Philadelphia, July 18, 1704. Same endorsement.
1 large p. [C.O. 5, 1263. Nos. 4, 5, 5.i. ; and (without
enclosures) 5, 1291. pp. 91-102.]
Oct. 10. 600. Governor Dudley to the Council of Trade and
Boston. Plantations. My last addresses to your Lordships were by
Capt. Cary an expresse sloop, having no other conveyance. I
have covered a copy of that letter, and the Gospir being now
bound home, I humbly acquaint your Lordships that the fort
at New Castle in Pascataqua River, by the diligence of Col. Romer,
is now almost finished, and put into a very good state by the
expence of the 500Z. tax raised for that purpose, and about 1,000?.
in labour of the inhabitants, whom I have imployed, every fighting
man upon the list for twelve days this summer, of which I hope
they will not complain, it being so expressly H.M. command to
have those fortifications reformed and fitted, and I had no other
means to bring it to passe, the Assembly being not to be farther
pers waded to raise more by a tax, and truly that little Province
scarce able to raise more during the troubles with the Indians,
to whom they are next neighbours, which demands every fifth
man upon duty constantly. Since the publication of the repeal
of the two Acts of Assembly referring to town bounds and grants
in New Hampshire, by H.M. especial direction, which dureing
my being in that Province I made publique in the Assembly
and in every towne, there happen 'd a riot of about 20 young
fellows in the towne of Hampton, who pulled down the fence of
an inclosure belonging to an inhabitant of that town, which
though it do's not at all affect Col. Allin's right of proprietorship,
Wt. 2710. C 18
274 COLONIAL PAPERS.
1704.
the said inhabitant not being his submitted tenant, yet I expected
the next thing of that sort might so doe. I wrote earnestly to
Lieutenant Governour Usher to proceed severely therein, which
he might have done in Council, by virtue of the Commission of
Government, but he chose rather to bind them over to the Superior
Court, which happening in the time of the Generall Assembly
I was present in the Province, and strictly required the Judges
in council to take care of the processe, and aggravated the fault
to them both by the extraordinary number of the riotors, and the
time of warr it had happened in, as the Minutes of the Council
inclosed will shew. Notwithstanding all which, it was not possible,
as the Judges acquaint me, to procure the Jury to find the persons
guilty, of which I have taken all the proper notice the power
vested in the Government will allow, which I hope will prevent
the like for the future. Col. Allin had at the same Court anew
entered a Triall with Richard Waldron, which was then agreed
by both partyes to be a full tryal to effect, at the next Terme,
which is in Feb. Col. Allin hath been so long, as well as his
predecessors, delayed, that he at first was impatient of the
imparlance, but after consented to it ; and I have assured him,
if my life will allow, I will be present to see the Queen's commands
obeyed, that all things be specially found. I am sorry I cannot
influence that matter to a present agreement, but am very sencible
if judgment be once made by H.M. in Council against one of the
Ter-tenants of any value, the whole province will immediately
submit, and I may not passe the formes of Law in favour of
Col. Allin, least he loose his cause at home, as he hath done already,
nor can I alter any of the Judges unless upon a plaine breach
and injustice, as H.M. Instructions command me.
In the Massachusets the castle is in perfect good forme, and
is not inferiour to any of H.M. newest fortifications in England,
and I humbly hope your Lordships will obtain the cannon for
this and the fortification at Pascataqua humbly represented
necessary upon the several planns sent home by Capt. Cary.
Your Lordships had by the last conveyance the Act of Assembly
for the graunting 23,OOOZ. for this year for the support of the
warr, which will not amount to the charges ; however I doubt
not of the Assembly's concurrence in raising the next year what
is necessary, being perfectly satisfyed in the disburse thereof,
nor have they once doubted of a concurrence with me in raising
any numbers for the service, though the number of near 2,000
is very hard upon them, when Road Island and Connecticot doe
what they please, besides that they entertaine the deserters
from this Province, though we have a severe Law that every
person leaving the Colony in the time of war shall loose his interest.
I am sencible that the Indians perceiving our constant marches
in the woods at a great distance have left all their planting grounds
within 100 miles of us, to secure their women and children, but
will yet continue their marches upon us. We have lost nothing
to the enemy this summer. The French and Indians to the
number of 500 marched from Mount Real to Hadley, on our
Western bounds, and found there so great a number in garrison
AMERICA AND WEST INDIES.
275
1704.
that they left the place and marched 100 miles to the Northward
to Lancaster, where I chanced also to be ready for them, and
after a furious assault upon the village, left 10 or 12 dead and
fled, and are since marched home, with the triumph only of three
children carried away. Since my last the forces and vessells
I sent Eastward into Nova Scotia and L'Accadia are all returned
with a good booty and have destroyed and burnt all the coast,
and brought away the inhabitants to exchange for such of ours
as they have amongst them, for which heretofore they used to
demand money of this Government. I am glad your Lordships
have been pleased to encourage the trade of tarr, resin, and other
commodities of this Province by a Company, without which it
is impossible to prevent this province to run into the woollen
manefactory to that degree that in a few yeares they will demand
very little supply of that sort from the Kingdome of England,
which if I should not informe of and labour to prevent I should be
wanting in my duty, the inhabitants of this province are proud
enough to wear the best cloth of England, but without they
be upon tarr, resin, hemp, iron, spar, mast and building of shipps,
they have no returnes to make, and of all these things there
might be enough, if proper methods and persons were sent to
take care, and encouraged so to doe. I have now my messengers
. in Treaty with the Maquas and Five Nations, whose return I
expect, having had my Lord Cornbury's approbation in that
treaty, and I Jiope for the good effects of it, that at least they will
continue steady, if we cannot prevaile with them to take up the
hatchet against the French, as they call the war, etc. Signed,
J. Dudley. Endorsed, Reed. Dec. 23, Read Jan. 31, 1704(5).
4 pp. [6.0. 5, 863. No. 118; and (without enclosures) 5, 911.
pp. 434-442.]
Oct. 10. 601. Extract from above letter. 1 p. [0.0.5,751. No. 56.]
Oct. 12. 602. William Popple to Josiah Burchett. The Governor of
Whitehall. New England having sent over a particular Messenger to sollicit
for a greater Naval strength to attend that Province, the Council
of Trade and Plantations desire to be informed what directions
H.R.H. has given upon the Representation referred to him Aug. 3.
[0.0. 5, 911. p. 395.]
Oct. 13. 603. W. Popple, jr., to Richard Warr. Encloses following,
Whitehall. Mr. Secretary Harley being out of town. Annexed,
603. i. Council of Trade and Plantations to Mr. Secretary
Harley. In reply to yours of Sept. 12 [q.v.~\. Upon a
former complaint of the like nature, we did represent
to the Agents of [Jamaica] as Col. 1703, p. 722. The
Agents answered that upon the arrival of a single
Regiment at Jamaica the people gave them greater
allowance till the manner of their subsistance might be
settled from England ; but that there being 2 Regiments
now there, the people were unable to continue the
same allowances to them both, so that now each officer
276 COLONIAL PAPERS.
1704.
has 105. a week and each private soldier and non-
commissioned officer 5s. per week allowed by the Island
over and above their English pay. They promised to
write to their Correspondents that they might endeavour
to persuade the Members of the Assembly to secure and
ascertain quarters to the officers and soldiers instead
of money by a clause in some subsequent Act, which
nevertheless has not yet had its effect. But we conceive
that nothing can be better for the officer and soldier,
for H M. service and the security of the Island, than
the building of barracks in proper places where the
Regiments may be lodged under fitting regulation,
as in Ireland, and in several garrisons in England, and
wherein the officers may have due care of the health
of their soldiers by restraining them from many
extravagancies they are subject to in open and distant
quarters. We humbly offer that fresh provisions might
be distributed to the officers and soldiers daily from the
stores that may be brought from the Northern
Plantations either by undertakers or officers to be
appointed by H.M. for that purpose, which provisions
(freight and convoy being supplyed by H.M.) may be
furnished at as cheap rates as in England. Enclose
Representation of Oct. 5, 1703. And we do not doubt
but that the Assembly of Jamaica might be induced
readily to contribute a considerable summe towards the
building of such barracks, if H.M. would be pleased
likewise to assist and enable them in the carrying on
of the work. As to the advantages or priviledges to
be allowed the soldiers at Jamaica, we humbly offer
that they ought to be the same at least with those
enjoyed by soldiers elsewhere, vizt. to be admitted
into Chelsea Hospital after 20 years service of the Crown,
or being disabled the service, unless it shall please H.M.
to shorten the term of service for those that go to the
West Indies, after which they may be admitted into the
said Hospital or have a pension equivalent thereunto.
We think it very necessary for the safety of Jamaica
and the Leeward Islands that six additional Companies
raised for those Islands, or the like number of men,
be forthwith dispatched thither [C.O. 138, 11. pp.
335-338.]
Oct. 13. 604. Attorney General to the Council of Trade and Planta-
tions. Report on the Acts of Pennsylvania, Nov. 1700 and
Oct. 1701. (1) As to the Law by which Liberty of Conscience is
allowed to every person that shall onely own that God Allmighty
is ye Creator, Upholder and Ruler of ye world, and that he is
oblidged in conscience to live peaceably and quietly under ye
Civil Government, and every person so professing is to be
unmolested for his conscientious perswasion or practise, and is
not obliged to any religious worship whatsoever, but on Sunday
AMERICA AND WEST INDIES. 277
1704.
are onely enjoyned for their ease to abstain from toyle and labour,
I am of opinion this Law is not fitt to be confirmed, no regard
being had in it to the Christian Religion, and also for that in the
indulgence allowed to the Quakers in England (I Wm. and Mary
c. 18), they are oblidged by declaration to profess faith in God
and in Jesus Christ, etc., and also for that none can tell what
conscientious practises allowed by this Act may extend to. (2) As
to the Act against Riots, Rioters and Riotous Sports, plays and
games, as far as it concerns riots onely I have no exception to
it, but a penalty of 20s. is laid on the introducer of rude or riotous
sports or prizes, stage plays, masks, revels, bull-baitings, cock-
fightings, bonfires with such like, or shall practise the same,
which (such like) I am of opinion leaves too great room to make
persons offenders by construction at ye will of the Judge ; the
like objection is to another part of this Law, that makes every
person to forfeit 5s. or to be imprisoned 5 days in the House of
Correction that shall be convict of playing at cards, dice, lotterys
or such like enticing vain and evil sports and games, and besides
I think some innocent sports are thereby prohibited without
reason. (3) The Act against adultery and fornication is not fit to
be confirmed, for by it for Adultery a Bill of divorce is allow'd
to the injur'd husband and wife, but the divorce is not explained
whether to be a vinculo matrimonii or onely from bed and board,
as ye Ecclesiastical Laws of England allow, which I think ought
to be ascertained, and for fornication among single people, they
are to marry, which may be unreasonable where young men
may be drawn in by lewd women, and the [clause the]rin. touching
a marryed woman having a child in the absence [of her ^s]band,
makes her an Adultress unless she can prove by credible [evidence
]hat her husband cohabited or was in company with her, or
had [been in the] county where she liv'd within a year before the
birth etc., may in many cases be difficult on honest marryed
women who [have /msjbands that are seafaring persons etc. (4) As
to the Act against rape or ravishment, I think it not fit to be
confirmed, for that castration is part of the punish[raen for] ye
2d. offence, wch. I think unreasonable especially in case of a
[marryed ?] man. Besides that is a punishment never inflicted
by any Law [in any of] H.M. Dominions, and no care is taken
for healing the [castrated ?} person. (5) As to the Act against
incest, sodomy and bestiality, I think the punishment of incest
(intended by this Law) without ascertaining what it is by annexing
a table of the degrees of kindred will be inconvenient and
unreasonable, besides the incest intended by this Bill doth appear
to be by marrying ; wch. is onely incest, for it is such incest as a
marry 'd man may commit. Likewise castration of a marry 'd
man is part of his punishment for sodomy or bestiality, and
there is no punishment for bestiality in a woman but to be divorced
from her husband, wch. divorce is not ascertained what it is to
be. (6) The Act against Bigamy I think unreasonable, for it
divorces the first wife and yett makes the husband a prisoner
for life at hard labour for the benefit of her and her children.
(7) The Act against robbing and stealing I am of opinion is too large,
278 COLONIAL PAPERS.
1704.
being not only for stealing but also for fraudulently taking or
carrying away of goods, which is unreasonable, for fraudulently
taking may be by construction of Law where no consideration
is, and the punishment besides is too great for a fraudulent taking,
that is not felony by ye Law of England. (8) The Act about
boats and cannoes I think fit to be confirmed for a time onely,
there being a penalty of double ye value of a boat that shall be
sett adrift without consent or leave of ye owner. (9) By the
Act against breaking into houses, it is not said, with intent to
steal, besides the punishment is fourfold satisfaction for wt. shall
be taken, to be publickly whipt and to suffer six moneths
imprisonment, and to be sold for the forfeiture, if not able to
pay, and not said for how long, and selling a man is not a
punishment allow 'd by the Law of England. Therefore I think
this Act not proper to be confirmed. (10) The latter objection
applies to the Act against firing of houses. (11) The Act against
murder, whereby whoever shall wilfully or praemeditately kill
another person or be ye cause of or accessory to the death of
any person, shall suffer death, I think it unreasonable, for that
willfull killing may be in a sudden affray, therefore it should not
be wilfully or praemeditately, but wilfully and praemeditately.
(12) As to the Act for County seals, and against counterfeiting
hands and seals, whereby counterfeiting or imitating any seal is
punishable, I think ye word, imitating, too farr, it being general
and not said with intent to defraud, there may be innocent
imitation. (13) The Act about ye recording of deeds, which makes
deeds good that are not inrolled, since former Laws did require
inrollments of deeds, an after-purchaser whose deed is inroll'd
may be overreach 'd by allowing, as this Act doth, a former deed
to be good wch. was not inroll'd, and makes inrollment of deeds
not necessary, but evidence if inrolld, I think it unreasonable
to take off the necessity of inrollment, wch. is a great security
to titles in all ye Plantations. (14) By the Act limiting the present-
ments of the Grand Jury all indictments for trespass are taken
off, where there is remedy for the party injur'd before the Justices,
I think it not reasonable, for there may be prosecutions for the
Crown also, as well as at the suit of the party for his dammages.
(15) The Law about attachments, being to condemn the goods and
lands of persons onely of ye Plantations, will prejudice all owners
of lands and traders remaining in England, therefore I think it
unreasonable and not fitt to be confirmed. (16) By the Act for
naturalization power is given to ye Proprietor or Governor to
naturalize all forreigners coming to the Plantations, all that
were there before the Grant to proprietor, whether Dutch, Swedes,
or Danes, are naturalized by this Act, and since the Proprietor
hath no such power by his grant, I think it not fitt for him to
give it himself by this Act. (17) The Act for ascertaining the
discent of lands etc. giving a power to Executors to sell the real
estates of persons dying [? intestate], and also making ye real,
as well as the personal estates of persons dying intestate to be
distributed, as personal estates of intestates are distributable
in England, I think is inconvenient and unreasonable, especially
AMERICA AND WEST INDIES. 279
1704.
because many of the owners of lands there are inhabitants in
England. Besides personal estates of persons dying intestate
are hereby made distributable otherwise than they are in England,
wch. may affect the interests of persons residing in England.
(18) The Act to prevent immoderate fines is against the Law of
England, wch. is onely in case of amercements, not of fines, for
if offenders have onely furniture of their calling and means of
livelihood, they are not to be fin'd anything by this Law, and
no direction is given by it for corporal punishment instead of a
fine, which would have made this Law reasonable. (19) The
Act about defalcations is a good Law, but had been better if the
setting off of debts on stating accounts had been general and
not restrained to the setting off of debts against others of the
like dignity onely. (20) The Act for determining of debts under
40s. is a good law, but rent should have been excepted out of
it, which being for lands, the title of ye lands may come in question,
as if an eviction be pleaded by ye tenant, which it's not reason
to have so arbitrarily and fully determin'd as this Law allows.
(21) The Act to oblige witnesses to give evidence etc. requires two
witnesses in all criminal cases, where by the Law of England one
is sufficient unless in case of treason, and for small criminal matters
not capital. I see no reason to require two witnesses, and great
inconveniences may happen by it, and the trial there being by Jury,
they will judge of the credit of the single witness. (22) The Act
confirming devises of land and validity of nuncupative wills, which
makes all devises of lands good, if the wills in writing be legally
proved in the province within six moneths after ye testator's
death, or within 8 moneths, if ye testator lived out of the
Government, I think unreasonable, for that if a will be made in
England, and all the witnesses here, they must be carried over
to the Province to prove it there, which it will not be in the power
of the devisee to doe. Therefore all that will be reasonable in
this case to enact will be, that the will be proved in ye Province,
or hi the Chancery in England, and the bill, answer and
depositions be transmitted thither under the seal of that Court,
to be there registered. This Law also makes a nuncupative will
good so that it be reduced into writing within two days after
the decease of the Testator, and subscribed by two witnesses
who were present at ye making and attested by a J.P. within
10 days after the death of ye Testator, which is different from
the Act of frauds in England, and I am of opinion it is necessary
to have the Law for wills the same as in England by that statute.
(23) The Act impowering widows and administrators to sell so
much of ye lands of intestates as may clear their debts etc. I think
unreasonable, for that such sale may be made notwithstanding
any marriage settlement, and there is no rule sett in wt. manner
younger children and in what the elder shall be provided for.
(24) By the Act for the taking lands in execution for the payment
of debts where the sheriffe cannot come at other effects to satisfy
the same, all lands are liable to sale on judgment, so that the
messuage and plantation where the Defendant lives be not sold
in less than a year after judgment, and before sale the lands to
280 COLONIAL
1704.
be appraiz'd by 12 men of the neighbourhood, and then to be
sold by the sheriffe, and such sale shall make a fee simple estate
therein to the buyer or creditor as fully as they were to the debtor
etc. This Law differs from the Law of England but may be
practicable there. (25) The Act for priority of payments to the
inhabitants of this Government preferrs debts on simple contracts
due to the inhabitants before all forreign debts, which being
prejudiciall to the people of England is fitt to be rejected. In
this Law there is a provisoe for factors at coming into that Colony
to enter into ye County Court the name of the person adventuring
by him, and the value of the goods adventured, in wch. case
such adventurers may come in for their debts with the inhabitants.
But I think it unreasonable to exclude the adventurer if his
factor will not make such entry, and if no such entry made by ye
factor, then the goods are to be taken to be his own, so farr as to
be liable to his debts in the country, which is unreasonable.
(26) To the Act for the trial of negroes I see no objection, but that
a negro is to be castrated for attempting to ravish a white woman.
(27) The Act about departers out of this Province obliges all masters
of vessels coming to that Province to give 300?. bond to the Naval
Officer to observe the Laws of that Government, which I take
to be unreasonable, since all ye people of England have a right
of trading thither, and ill use may be made in the Plantations
of such bonds, if given. (28) The Act against the mixing and
adulterating strong liquors lays a severe penalty on any person
selling rumm etc. mixed with water etc. by the judgment of two
credible evidences being convicted thereof. I think it unreason-
able, it not being said, knowing ye same to be mixed. (29) The
Act for appointing the rate of the money within this Province and
Territories, I think fit to be repealed, H.M. having settled the
values of coins in all ye Plantations. (30) By the Law against
drunkenness and health-drinking penalties are laid on persons
for drinking healths without being drunk, which is unreasonable.
(31) The Act for bailing of prisoners etc. gives double dammages
against Informers or prosecutors, where a man is wrongfully
imprisoned, which will be so where the person prosecuted is
acquitted, which will discourage prosecutions or probable
causes, therefore this Law not excepting where there is probable
cause for the prosecution, I take to be unreasonable and not fitt
to be confirmed. (32) By the Act for the effectual establishment
of freeholders, all the titles under the Crown before the grant to
the Proprietor, and all his grants are confirmed, and the lands
of any person may be resurvey'd within two years after the
publication of this Act, by the Proprietor or his heirs, and the
Proprietor to have ye overplus measure and ye possessor to
have the refusal, and if less than measure, the Proprietor to make
good the deficiency. This is relating to the property of ye
Governour and inhabitants only, and though inconveniencys
may happen by it after a long possession, yet if the Governour
and Country like it, I have nothing on that account to object.
But there is a clause which makes a survey good, notice being
given to two neighbours, if the owner of ye land be not known,
AMERICA AND WEST INDIES. 281
1704.
which is unreasonable, to bind a man by a survey wch. he hath
no oportunity to be present at. There is also a provisoe that the
survey shall not conclude infants, persons beyond the sea, marryed
women or lunatics, and yet no further time than the two years
is given to survey where such are concerned, wch. may render
the Law in great part useless. There is a clause here which
allows land purchased by aliens who die before they are
naturalized to descend to their wives and children, which I take
to be unreasonable, in letting in aliens to purchase and inherit
before and without being obliged to be naturalized, and this
implies that every alien that will come there, how inconvenient
soever his being there may be, may demand and be naturalized.
This Act also confirms all sales made by Attorneys, and the same
is not restrained to such sales as shall be made while their
authoritys are in force, which ought to have been mentioned.
(33) The Law about arrests subjects a man to pay his debt by
servitude if desired by the plaintiff where there is no visible
estate, which may subject masters of ships and others coming
to that Plantation to slavery, which I take to be unreasonable.
(34) By the Law about false imprisonment double dammages are
given against the prosecutor for wrongful imprisonment, wch.
I take to be unreasonable, it not being said, or without probable
cause. (35) By the Law about acknowledging deeds in Court,
. t a deed delivered into the Court by the Attorney of the maker
thereof is to stand good to all intents and purposes, wch. seems
unreasonable, there not being expressly reserved a liberty of
controverting the authority of ye Attorney, nor any direction
to ye Court to examine the power of the Attorney. (36) The
Law about seven years' possession is unreasonable, in giving an
unquestionable title by seven years possession, not excepting
ye possessors by virtue of particular estates as for years, life or
in taile, wch. possessions ought to end with their estates. (37) By
the Law about the manner of giving evidence, and against such as
lie in conversation, every evidence convict of wilful falsehood
shall suffer such penalty and damage as the person against whom
he bares false witness should have undergone, if guilty, and make
satisfaction to the party wronged and be infamous. This is
further than the Law of England, for if a felon be acquitted,
and ye witness be convicted, he is to be hanged, it not being
restrained to civil cases. (38) The Law for the confirmation of
the Laws, confirming all the Laws made in 1700 is not to be
confirmed, if any one of them be repealed. (39) The Act for
raising Is. per pound and 6s. per head for the support of the
Government and (40) the Act for raising 2,OOOZ. for the Governour
are expired. And as to all the rest, (65) I find nothing therein
disagreeable to Law or Justice, or prejudiciall to H.M. Royall
Prerogative. Signed, Edw. Northey. Endorsed, Reed. Oct. 13,
1704, Read July 18, 1705. 9 large pp. Partly torn. [C.O. 5,
1263. No. 27; and 5, 1291. pp. 165-191.]
Oct. 15. 605. Col. Quary to the Council of Trade and Plantations.
Maryland. My last to your Lordships was from Virginia by the Fleet that
282 COLONIAL PAPERS.
1704.
sayl'd thence June 8. I am now honoured with your Lordships'
letters of Feb. 17 and March 17, etc. I am infinitely obliged to
your Lordships for your generous favour in recommending me to
succeed in the office of Surveyor Generall, etc. In my letter of
Oct. 15 last, your Lordships will find that I have acknowledg'd
the receipt of yours of Feb. 25, 170f, and have punctually pursued
your orders, by serving the President and all the Magistrats of
this Government [Pennsylvania, Ed.} with H.M. Order in Councill,
relating to the Courts of Judicature, which hath been noeways
comply 'd with. I did inclose Mr. John Moore's letter which gave
the particulars of their Proceedings in Court, to which I referr'd
your Lordships, which very letter or a copy of it was sent hither
by Mr. Penn to this Government, and the use they have made of
it, hath been to discountenance him all they can and turn him
out of all Offices he had in the Government. H.M. letter I did
according to your orders deliver to Mr. Evans, who hath not
been pleased to take the least notice of its contents to me or any
Officer of the Admiralty, but two days after the delivery of it,
he sent to Mr. Moore and discharg'd him from the office of Register
formerly given him by Mr. Penn, the better to encourage him
to execute the office of Attorney Generall, out of which office
they have also turned him, this is all the effects which as yet we
have found by H.M. letter to him for encouraging her officers
of the Admiralty and Prize. I writt to your Lordships in Febry.
last, and amongst other matters gave your Honours account, that
I had served the Deputy Governour with H.M. Order in Councill,
the answer he gave me was that he would take care that the
Queen's Order should be complyed with, but to this very hour
the Courts will not conform, nor is it in his power to oblige them,
as doth appear by the enclosed Address of the Assembly, where
they say that they cannot administer an oath, however are resolv'd
to be Judges of the Courts, and have so little modesty as not only
to refuse complying with the Queen's Order, but doe propose that
all H.M. other subjects may be deny'd the benefit of the Law,
and H.M. favour of being under the security of an oath, where
it concerns their lives liberty and fortunes, but must have no other
security than the Affirmations allowed the Quakers, etc. I find
that noe other obligation was ever required by the Deputy
Governour from the Members of the Councill, more than
the oaths of a Councillor, whereas in all other Governments the
first thing done is, to administer to the Councill, Assembly, all
Justices and Officers the severall oaths appointed by Law, which
was also done in Jersey, where severall of the Councill and most
of the Assembly are Quakers, yett my Lord Cornbury oblig'd
them to take all the oaths in their own form, which accordingly
they did, before they were suffered to act, but here there was
no such thing soe much as required of the Assembly which sate
lately, this unaccountable proceedings surprizes all the neighbouring
Governmts., and looks as if this was an independant Government,
and not under the same Crown and Laws. Inclosed is a coppy
of the Deputy Governour's Proclamation, wherein he makes
use of H.M. name and authority, to exempt and excuse all the
AMERICA AND WEST INDIES. 283
1704.
Quakers in the Government from bearing arms, without obliging
them to do anything that might be an equivalent to it, but is
pleas'd to command all other H.M. subjects, to arm and inlist
themselvs at their utmost perill, and this without any Act of
Assembly or Law to oblige them, which looks not only very
partiall, but arbitrary, had he ordered the drumms to beat up for
volunteers it would have been very proper, and would have
answered ye end far better. I am not willing to enlarge on this
subject, but will choose rather to referr it and the Proclamation
to your Lordships' better judgement. I have inclosed the Deputy
Governour's speeches. The Assembly of Pennsylvania mett again
lately but would take no notice of H.M. Order about raising
their quota for the support of Albany, nor doe anything for the
settlement or security of the Country. There is at present a
very great division and confusion in this Government, Quaker
against Quaker, the generallity of the Country are very violent
in, opposing those that are for promoting Mr. Penn's intrist,
the quarrell hath been carry'd on so far allready, that the Military
and Civill Officers have been at clubb-law, the Quakers have
indited the Officers of the Militia, not spareing the young
gentleman Mr. Penn himself, who they have presented in their
Courts, this hath so disobliged the Lieut. Governor, that he
then resolved to put the Queen's Order in force, and by his
Proclamation to declare the Proceedings of their Court against
one of their Militia Officers voyd, this hath so insens'd the Quakers
that they resolve on revenge, on this occasion the Lieut. Governour
sent to me for the Queen's Order, his letter with, my answer is
inclosed, all things are at present in great confusion, and young
Mr. Penn so very uneasy with the Quakers that he hath
publiquely renounc'd them all and hath put on his sword, he
goes home for England in the Jersy man-of-warr from New York,
and resolvs to per s wade his Father to resign up the Government
to H.M., and indeed considering how confus'd and disharted this
Governmt. is that they refuse to comply with any thing that
tends to Mr. Penn's intrist, but oppose him all they can, I am of
oppinion that Mr. Penn will now be willing to part with the
Governmt. on farr easier terms than formerly, he hath quite lost
the end of sending his son over hither. There was a proposall
made by a great part of the Country, to raise a considerable
summ of money for Mr. Penn, provided that he or his son came
to settle amongst them in a certaine limmitted time, in pursuance
of which agreement, the young Gentleman came over, but they
are now so incens'd against bothe Father and son, that they
will not advance a penny, so that he hath lost his labour, and
returns empty, nor will the Quakers give Mr. Penn's Lieut. Governr.
anything to support him. I did attend my Lord Cornbury
all the time that the Assembly sate at Burlington, which was
about a month, which time they trifled away to noe purpose,
though my Lord recommended dispatch, and acquainted them
that the Queen's service required his being in New York the
beginning of Oct., and although they did in their Address to H.E.
promise to answer all things propos'd to them in his speech, yett
284 COLONIAL PAPERS.
1704.
took noe notice of the essentiall matters till within few days
before my Lord was obliged to goe to York, and then they brought
in a Bill to settle the Revenue, they gave it a first reading and
then adjourned the second reading for severall days, on purpose
(as was said by some of their own House) that it might not be
ready to pass ; my Lord, who was noe stranger to every step
they took, and what they designed, found that it was absolutely
necessary for the Queen's service to dissolve them, which
accordingly he did, to the generall satisfaction of the country,
for these men were chosen by the voices of 43 men, when at the
same time there appear'd in the feild about -400 who voted for
others, and yet the sheriff returned the vote of the few. My
Lord is very well assured of a good choice for the next Assembly,
and that they will effectually answer all the ends of setleing
and supporting the Government of that Province, the whole
Country will be very easy and satisfyed to have an Assembly of
their own free choice, then they will cheerfully pay their taxes
and obey what laws are made. My Lord hath issu'd writts for
a New Assembly to meet Nov. 8 next, and though it be late
in the year, yet when they come with a resolution to doe
business heartily, much may be done in a little time, for the
cold weather will quicken them to dispatch and hasten home.
I am now oblig'd in order to the Queen's service to hasten towards
Virginia and North Carolina, and hope to be back time enough
to attend my Lord Corn bury at the next Assembly in New Jersy,
I am come thus far in my journey. The Assembly of this Province
summoned by H.E. Governour Seymour broke up on Tuesday,
Oct. 3, after they had sate about a month, in which time they
revis'd most of all the Laws, the coppys of all which with the
Journall of the Councill and Assembly are so volumnious that
it's impossible for them to be transcrib'd and sent by this
opportunity, but I am sure H.E. will take care that they be sent
by the next. I will deferr the history of this Assembly till my
return from North Carolina, but H.E. hath had as nice and
difficult a game to play as ever Governour had, and had he not
managed it with the greatest prudence imaginable, they would
have made all offices in the Queen's gift worth nothing, few were
chosen in this Assembly but such as had promis'd to oppose the
intrist of the Crown as much as they could, and they were steady
in this principall, wch. will appear to your Lordships when I tell
you that notwithstanding all H.E.'s pains and endeavours, by
a proper application to them both publickly and privatly, yet
nothing could prevail on them to supply their quota for ye support
of Albany, perhaps I may truly say that never such a sowre
temper'd people ever mett together in an Assembly before, for
which all the men of sence in the Government doe condemn
them, however the Governour carry ed himself towards them
with that evenness of temper, that they all went away very well
sattisfyed with him, which I hope will have that good effect
on them as to lett them see their folly, and mannage themselvs
with more reason and prudence at their next meeting etc. In
August last there was a prize brought into this Government,
AMERICA AND WEST INDIES. 285
1704.
the manner of her caption being very uncommon I have sent
the Master's deposition of the circumstances and manner of it.
The prize is a small ship, her loading was 150 hhds. of brown
sugar, 36 hhds. of white sugar, and a parcell of ginger, the
particular weights and vallue of the said cargoe will appear by
the enclosed account of appraisement which was done by very
honest men on their oaths ; Governour Seymour hath taken all
the care and caution immaginable in every step relating to this
affair, he hath by the advice of his Councill put the whole concern
into the hands of Col. Hamond, one of the Councill, and a
gentleman of worth and ability, and resolves that the whole
effects shall continue in his hands untill he receives farther orders.
The case of the prize being extraordinary, H.E. is not fully
satisfy'd whither the property belongs to H.M. or the Lord High
Admirall, nor what proportion thereof belongs to the captors,
and therefore resolvs to have all the effects kept intire without
any division, till he can receive directions about it ; some time
after the prize was brought in, and put into the custody of Col.
Hammond, Mr. Hercules Couts came to H.E. and demanded
the possession of the prize, by vertue of a Commission from one
Dodd, a person altogether unknown to H.E. 'or any other in
this Governmt., nor doth it appear how this Gentleman derives
a power to depute Mr. Couts, soe that under this difficulty in a
matter of such consequence, the Governour thought it very
proper to have the advice of the Councill and accordingly he
stated the case to them fully, to which they gave their opinion
very unanimously, that since Mr. Dodd was altogether unknown,
and that it did not appear how he derived a power for granting
the Commission to Mr. Coots, they were of opinion that H.E.
could not be safe in delivering up the ship and cargoe to him.
The ship by which I send this sayls in the morning, so that I
have not time to say what I designed, and I am forc'd to referr
your Honours to my next, which I purpose shall be from Virginia.
. Signed, Robt. Quary. Endorsed, Reed. 15th, Read Jan. 19th, 170f .
4 closely written pp. Enclosed,
605. i. Copy of Address of the Assembly of Pennsylvania to
Lt. Gov. Evans. [Duplicate of No. 359.vi.] Endorsed,
Reed. Jan. 15, 170f . 1 p.
605. ii. Proclamation by Lt. Gov. Evans, Sept. 23, 1704.
Forasmuch as H.M. in Council Jan. 22, 1702(3), ordered
that all persons, who in England are obliged and are
willing to take an oath in any publick or judicial
proceeding, be admitted so to doe by ye proper officers
and judges in Pensilvania and the Lower Counties,
in default of all wch., or in case the Judges should refuse
to administer the oath, their proceedings were thereby
declared null and void, and whereas information has
been given to me in Council by the Attorney General
and petition of Enoch Storey of Philadelphia, Innholder,
that at a Court held for the said City, Aug. 31 last,
^ before Anthony Morris, Mayor, David Lloyd, Recorder,
and the Aldermen of the same city, Storey, upon his
286 COLONIAL PAPERS.
1704.
prosecution of a traverse, required that William Bevon,
the only evidence against him, might by that Court
have an oath administered unto him, the said evidence at
yt. time also publicly declaring his willingness to take
the same, nevertheless the Court utterly refused to
administer any oath, but in contempt of H.M. Order
commanded him to take the affirmation for Quakers,
which was done and the Jury found Storey guilty ;
I therefore pronounce the proceedings null and void.
Signed, John Evans. Endorsed as preceding. Copy.
I p.
605. iii. (a) Copy of Address of the Assembly of Pennsylvania
to Lt. Gov. Evans. We the Assembly having after a
considerable time spent in the service of the Country
prepared and presented to the Governr. for his
consideration certain bills to be passed into Laws for
the securing the good people of this Province in their
just rights, liberties and properties, being in expectation
that if anything were thought therein unreasonably
urg'd or wanted explanation, the Governor would
have taken seasonable opportunitys of signifying the
same to us, and thereupon a conference might be
appointed between ye Governor or such as he may order
on his behalf and a Committee of this House, wch.
might have settled matters between us. But so it is,
that nothing of this kind being effected while we have
patiently waited the Governor's pleasure in the premisses
we are given to understand that John Guest, one of
the Council, not having had due regard to the welfare
and prosperity of the good people of this Province, nor
to the concord and amity intended by this Assembly
to be kept and maintained with the Governor, hath
used endeavours to render abortive our labours and care
in the premisses by representing our proposalls in the
said bills absurd unreasonable and monstrous, and
ridiculing us both publickly and privatly, tending to
the dishonour of this house .and endeavouring to
render us obnoxious to those we represent. Wherefore,
whether such his practices be contrary to the rules of
the Councill board or the oath or attestations there
taken, we shall not determine, but earnestly desire that
he may give satisfaction to this House, and receive a
just rebuke for his said abusive, false and scandalous
speeches etc.
605. iii. (b) Copy of a clause proposed for imposing the
Quakers' Test. Whereas the Mayor, Aldermen, Free-
men and Commonalty of the City are for the most
part such as for conscience sake cannot take or administer
oaths, and forasmuch as the solemn affirmation allowed
by the Statute to be taken by the people called Quakers
instead of oaths is and ought to be deemed as binding
upon, the consciences of other Christian people that
AMERICA AND WEST INDIES. 287
1704.
take the same, as it can be upon the Quakers, seeing
ye Affirmation and the Oath (tho' differently administered
and taken) are noe more in construction of Law but
religious obligations upon the consciences of those
persons that take them, and in regard the affirmation
is by the Parliament of England adjudged to be of the
same force and effect as an oath in all Courts of Justice
etc., there can be no just grounds for any to refuse the
said affirmation instead of an oath. Therefore, least
there should be a failure of Justice in that case, and to
[the] end that the greatest part of such as can be
serviceable to the Governmt. may not be rendered
useless therein, Be it further enacted by the Authority
aforesaid that all persons whatsoever, who from time to
time shall be chosen officers of and for the said Citty
and every of them who before they enter upon their
respective offices subscribe ye Declarations and
Profession of Faith as is required of members of Assembly,
as is required by an Act for removing disputes concerning
the sitting of this present Assembly, etc., and make their
solemn affirmation and ingagements for the due execution
of their offices according to the Charter, are hereby
declared effectually qualifyed to act in their offices etc.
as fully and amply as if they had been qualified by
oaths ; and all persons -that shall take ye sd. solemn
affirmation instead of an oath shall be allowed to serve
as jurymen or upon inquests, and to give evidence etc.
and all such solemn affirmations or declarations shall
be adjudged to be of the same force and effect as if they
had taken an oath, and be liable for similar penalty s
etc. The whole endorsed, Eecd. Jan. 15, 170f. 2J pp.
605. iv. Copy of the Speech of Lt. Gov. Evans to the
Representatives of Pennsylvania. Duplicate of No. 359.ii.
I p.
605. v. Copy of Lt. Governor Evans' speech to the Repre-
sentatives of Pennsylvania, April, 1704. Duplicate of
No. 359.iv. Endorsed as preceding. 1 p.
605. vi. Copy of the Condesention of the Representatives of
the Three Lower Counties. Duplicate of No. 359.iii. 1 p.
605. vii. Copy of Reply [to preceding] from the Representatives
of the Province to the Representatives of the Territories.
We are sorry you should pretend you mett here in
expectation of joyning with us in Assembly, whereas
yourselves declared in the Conference wee had with
you yesterday, that you could not act in conjunction
with us, in regard you were called by the Governor's
writt and we by Charter. Wee cannot conceive how
you now can call the Disunion a pretended one, wch.
has been so often debated in Assembly, and which the
actions of your Representatives force upon us by their
refusing to act with us on several occasions, and
particularly by your slight of the Charter in neglecting
288 COLONIAL PAPERS.
1704.
to choose Representatives to serve in Assembly, 8ber
1702. And notwithstanding the then Lt. Govr. was
pleased to indulge you in issuing forth his writts
impowering the Countys you represent to make a new
election, wch. they so farr complied withall as to choose
and send up their Delegates to meet those of the Province
upon Nov. 16 following, according to the tenor of the
writts, yett your Representatives when assembled with
them of the Province, after severall debates between
them about acting conjunctly, were pleased to express
their unwillingness thereunto, and declared their dislike
of the Charter, and refused to agree to joyn together
with us to act by it in Legislation. All wch. was more
at large signifyed by the Representatives of the Province
to the then Lt. Gov., whereunto they were necessitated
by direction of the Charter, after the opposition made
to the said union by the Representatives, so that being
by virtue of the Charter formed into a distinct Assembly
and our number settled accordingly, wee conceive it
is not now in our power to alter our number without a
violation of the Charter and trust reposed in us by those
wee represent, neither can wee perceive any expedient
proposed by you (tho' desired by us in the Conference
yesterday) to reconcile your request (of an union) with
the Charter, wch. wee presume is a duty incumbent
on you at whose door the disunion is, since you seem
to desire a reuniting. Wee need not inform you that
by this Charter you have still the opportunity of forming
yourselves into a distinct Assembly and enjoyning
[sic] the priviledges thereof as well as the Province,
wch. wee hope by our candour and good neighbourhood
towards each other may prevent the inconveniency
and prejudice you seem to doubt as the consequence of
our acting separately, and not prove prejudiciall to
the prosperity and safety of the Government under
the present administration. This being our plain and
genuine answer, wee hope it will prove satisfactory
to you from your Reall Friends and Well-wishers.
Signed, David Lloyd, Speaker. Endorsed, Reed. Jan. 15,
170f. 1 p.
605. viii. Address of the Assembly of Pennsylvania to Lt.
Gov. Evans. Duplicate of No. 359. v.
605. ix. Address of the People called Quakers convened in
Assembly at Philadelphia, to the Queen. We have
laboured under some difficulty since the publication
of thy Royall Order in Councill Jan. 21, 1702. In
regard wee cannot administer oaths nor joyn with
others in so doeing, severall of us who might be
serviceable to our Country in Courts of Judicature are
excluded, which refusall of ours proceeds not from
disloyalty but tenderness of conscience. Now forasmuch
as those who have been so earnest to introduce oaths
AMERICA AND WEST INDIES. 289
1704.
here, have often declared they would be willing to take
the Affirmation instead, upon all occasions wherein
the life of a subject was not in question, and the said
Affirmation being, as wee understand, as great security
as an oath, since none but the most profligate of
mankind, whom oaths cannot bind, will falsifye a solemn
Attest, and Justice requiring the same security for
preservation of Estate as Life, and the people called
Quakers being still the most considerable for number
and estates are consequently like to be the greater
losers in case the administration of this Governmt.
without oaths should prove detrimentall to the subjects
in generall, Pray that the Affirmation may be allowed
here to all persons and on all occasions instead of an
Oath, which shall be thankfully acknowledged as an
Act of Royal Clemency and indulgence to us who shall
always study to approve ourselves thy sincere, loving
and obedient subjects. Copy. If pp.
605. x. Assembly of Pennsylvania to the Queen. Loyal
Address, and thanks for H.M. expressions of favour
to our Proprietary, William Penn, and H.M. approbation
of Lt. Gov. Evans. Endorsed, Reed. Jan. 15, 170f.
Copy. 1 p.
605. xi. Mr. Rolfe to Col. Quary. Philad a . Sept. 2, 1704.
Mr. Penn [jr.] hath been wth. Mdm. Quary from the
Governor to desire her to send him the Queen's Order
for quallifying of the Courts, but Mdm. Quary cannot
find it ; then he requested her to send to you to know
were it was, for he hath occasion to make use oft now
in the Mayor's Court, Mr. Penn being presented to
them for abusing the Constable and watch. Signed,
Jos. Rolfe. Endorsed as preceding. Addressed. I p.
605. xii. Proclamation by Lt. Gov. Evans. Duplicate of
No. 359.i.
605. xiii. Lt. Gov. Evans to Col. Quary. Philad*., Sept. 2,
1704. Enquires for H.M. Order as in No. 605.xi.
Signed, John Evans. Same endorsement. Addressed.
Holograph. 1 p.
605. xiv. Col. Quary to Lt. Gov. Evans. Burlington, Sept. 3,
1704. I was very much surpriz'd at your Honour's
sending to me now for H.M. Order, as above. I have not
only in obedience to the Council of Trade serv'd ye
President and Councill wth. it, but took care to have
it publish 'd in all the severall Courts of the Province,
and did likewise at your honour's first arivall deliver
unto you one of the said Orders. I am concern'd at
your Honour that you have now an occasion now to
make use of it. If I mistake not there hath been the
same occasion ever since your Honour's coming to the
Governmt., as well as before, nor can any Magistrate
pretend not to know the purport of that Order, since
the Generall Assembly have thought fitt to Address
Wt. 2710. C 19
290 COLONIAL PAPERS.
1704.
H.M. on that head. However, if the first Order
deliver'd you be mislaid, I will come down on purpose
to supply you wth. another. Same endorsement. Copy.
| p. [(7.0. 5, 1263. Nos. 6, 6.i.-xii., xiv., xv. ; and
(without enclosures) 5, 1291. pp. 102-124.]
Oct. 16. 606. Petition of Inhabitants and Traders to Newfoundland
St. John's, to the Council of Trade and Plantations. Thomas Lloyd, late
Commander in Chief of H.M. garrisons in St. John's, behaved
himself with such arrogance and self-interest as had like to have
destroyed ye English interest in this most noble Fishery.
Insomuch that the soulders for want of due payment of their
subsistence, provisions and other grevances that they in their
Petition set forth, and that we know and are satisfied are trew,
as the seting them out to ye Fishery at 16/. per man, as if they
had bin his slaves, forcing them to take 6. for their servis from
May to Aug, and he to have ye other 101. and their subsistance
and victuals, and ye said 61. be paid them in goods at extravagant
rates, for this and other grevances he on Sept. 22 last was
suspended, ye soulders having declared that his avirice was so
insoportable that they could no longer live under it etc. His
carrage to us is so arrogant that we had better be under an
absolute power than under ye protection of such a Commander,
and since his being suspended he hath contrived several papers
in his own behalf, viz., how cearful he hath bin in sending spies
last winter to Plasentia. The spies indeed ware sent, but he
gathered ready money from us to pay them wth., and forced
ym. to take goods from him at such extravagant rates as
disincouraged them from further service. But he, by threatning
some to run them threw, if did not sign, others by fair promises,
and some yt. could not read would go privatly to and get them
to put their marks, not knowing wt. it was to, by wch. means he
got several of us to sign his papers and then called them aboard
ye Commodore to make them own that it was their hand, ye
which out of fear was done ; and at his going off declared that
if 500?. would purchas a Commission to come hither again he
would give it and come to plague ye countrey. We therefore
pray that our case may be inspected and that you'l represent
it to ye Queen in Council, least if such a mercenary and cruell
man should come hither again, this only garrison in ye cuntry
may be lost, and by that means this most noble fishery. 61 signa-
tures. Endorsed, Reed. 8th, Read Dec. 12th, 1704. 1J pp.
Enclosed,
606. i. Deposition of John Marshall that Capt. Lloyd
threatened him with a drawn sword as above. Same
endorsement. J p.
606. ii. Copy of a Petition to Capt. Lloyd from his Company
of soldiers, complaining of Mr. Roope's barbarous treat-
ment of them when employed to work on the boom etc.
and praising Capt. Lloyd. Subscribed, Declaration of
Noncommissioned Officers that this paper was drawn
. up by Capt. Lloyd himself, to clear himself, he having
AMERICA AND WEST INDIES.
291
1704.
Oct. 17.
Whitehall.
Oct. 17.
Boston.
Oct. 17.
Boston.
Oct. 19.
Oct. 19.
at the time let out 16 men to the fishery etc. 5 sig-
natures. Same endorsement. I p. [C.O. 194, 3. Nos.
37, 37.L, ii.]
607. W. Popple, jr., to Wm. Bridges, Melisha Holder, and
Robert Chester. The Council of Trade and Plantations having
several complaints before them against Governor Sir B. Granville,
desire to speak with you on Thursday, and that you would give
them an account whether there be any Act for settling the number
to make a quorum in the Assembly of Barbados, and if there be
no such Act, how and when the said Quorum came to be 15.
[C.O. 29, 9. pp. 53, 54.]
608. Wm. Popple, jr., to Robt. Heysham. The -Council
of Trade and Plantations desire to speak with you and the other
gentlemen concerned in the complaints against Governor Sir B.
Granville, etc. [C.O. 29, 9. pp. 54, 55.]
609. Governor Dudley to W. Popple. Acknowledges letters.
Refers to enclosure. I believe we have at this time near 40 vessels
in Martineco, and if there were a constant cruise at Barbados
and the Leeward Islands, it is scarce probable it would be so,
one good cruiser has preserved this coast hitherto, and I hope
for a supply which I have earnestly prayed for. Signed, J.
Dudley. Endorsed, Reed. Dec. 23, 1704, Read Jan. 31, 170f.
Holograph. 1 p. Enclosed,
609, i. Some merchants of Boston to Governor Dudley. See
Minutes of Council of the Massachusets Bay, Oct. 9, 1704.
Endorsed, as preceding. 2 pp. [C.O. 5, 863. Nos. 120,
120.L ; and (without enclosure) 5, 911. pp. 442, 443.]
610, Proofs particularly desired from the Four Suspended
Councillors of Barbados [see July 1, Sept. 21]. That they prove
(1) the Militia is in a miserable confusion ; (2) that the Governor
called the Counsellors cowards ; (3) that he has granted
Commissions to Judges and Justices of the Peace without the
consent and advice of the Council, and particularly in the case
of Holder ; (4) that he would have made an advantage to himself
of 3,0001. in case the Bill for the security of the bays, etc. had past.
Endorsed, Delivered to Mr. Heysham etc. Oct. 19, 1704. 1 p.
[C.O. 28, 7. No. 53 ; and 29, 9. pp. 55, 56.]
611, Proofs particularly desired from the Gentlemen of
the Assembly concerned in the petition against Sir B. Granville
[above]. To prove (1) that the Militia has been commanded
by him upon duty contrary to the Law of the Island. (2) that
the Governor is obliged upon commanding the Militia upon duty
to have the consent of the Council, and how he has transgressed
any Act of Assembly in reference to the Militia. (3) Who declared
that there was no better way to give the Governor money than
by such a Bill? (4) To prove that the commanding the
inhabitants upon duty as guards is illegal and unusual. (5) How
would the 2 company s of Grenadiers be destructive to the Militia,
and be a means to evade the Queen's forbidding Governours to
292
COLONIAL PAPERS.
1704.
receive presents ? (6) To prove how the greatest part of 9,OOOZ.
per annum is by the Bill to be paid into the hands of the Governor
etc. (7) That by removal of officers, there is scarce a compleat
regiment in the Island. (8) That the Governor ought not to
appoint Militia officers without the consent of the Council, and
how many of the officers appointed by him are unqualified and
constituted contrary to Law. (9) To prove it legal or fitting
for Assembly men disliking or apprehending the ill consequences
of any Bill to absent themselves from the Hous'e. (10) That
the Governor has received from the Assembly 600Z. and 5001.
sterl., and for what use, and that he desired the alteration of the
Minutes of the Assembly for that it would otherwise appear a
present from the Assembly. (11) That the Jews have presented
him with 2001. (12) and have many priviledges allow'd them by
him contrary to Law. (13) That he has received presents of
considerable value from private persons, especially from the
Scotch. (14) That many Scotch in places there are disaffected
to the English Government. (15) That the Governor's House
will cost the Island 600/. per annum and 5,OOOZ. sterl. (16) To
prove what is alledged concerning Robert Steward, and how
far the Governour is concerned therein. (17) To prove exactions
upon Masters of ships that sail without or with convoys, or the
Governor's obliging them to petition for leave to sail with convoys,
and whether such practice be an innovation. (18) How he has
violated his Instructions in placing or displacing Judges and
other officers, civil and military. (19) To prove what is alledg'd
concerning Judge Holder. Endorsed as preceding. 4 pp. [C.O.
28, 7. No. 54 ; and 29, 9. pp. 56-60.]
Oct. 19. 612. Council of Trade and Plantations to the Lord High
Whitehall. Treasurer. Enclose account of incidental charges of the office,
Midsummer to Michaelmas, amounting to 73?. 10s. 3d., with the
particulars certified. [C.O. 389, 36. pp. 222-224.]
Oct. 20. 613. Lt. Governor Bennett to [?]. Acknowledges Lord
Nottingham's letter of Feb. 23 in pacquet of May 4 etc. Encloses
following. I shall send a copy to the Governor of Jamaica.
Signed, Ben. Bennett. Holograph. 1 p. Enclosed,
613. i. Deposition of S. Seares, Master of the sloop Benjamin
and Mary. Arriving at Jamaica in July from these
Islands with a quantity of onions, Mr. Fuller, boatswain
of H.M.S. Hulk, bought them for "210Z. Jamaica money.
He paid him 50/. and to make good the remainder put
on board a quantity of cordidge to be sold in Bermuda,
part of which deponent now apprehends belonged to
H.M. This part was seized and secured by H.E. order
for H.M. use. Signed, Solomon Seares. Sept. 19, 1704.
Copy. 1 p. [C.O. 37, 26. Nos. 5, 5.L]
Oct. 20. 614. Lt. Governor Bennett to the Council of Trade and
Bermuda. Plantations. Acknowledges letters and begins as preceding.
Concludes : By my brother I understand that the patentees for
AMERICA AKi) WEST INDIES.
Oct. 20.
Whitehall.
1704.
wrecks have not only sued me in the Court of Admiralty, but
have also exhibited a Bill in Chancery relating to the French
vessell that was lost on the sholes of these Islands some time
since, so that I know not who to be accountable to, neither after
this method will there be much left to account for, for what
rigging and logwood was saved cost me very dear, it being
recovered by boats and divers above 20 miles from the place of my
residence, and about 10 miles from the nearest part of any land ;
and for the first week she came on the rocks I employed above
100 men, 20 boats and a sloop, to endeavour to get her off for
H.M. service, which was very expensive to me, no person having
less than half a piece of eight a day, besides paying for the boats
and sloop, and the French prisoners' depositions demonstrated
there was no kind of merchandize on board, but 82 tun of logwood,
all which has not been taken up. I have no news to acquaint
your Lordships with but that it is at least as dangerous to goe to
Barbadoes or any the Leeward Islands, as from hence to England,
the privateers are so thick, which makes me in pain when I send
a packet that way. Signed, Ben. Bennett. Endorsed, Reed.
Feb. 12, Read March 6, 170f. Holograph. 2 pp. [C.O. 37, 7.
No. 3 ; and 38, 6. pp. 95-98.]
615, W. Popple, jr., to Mr. Lowndes. Encloses letter from
Dep. Governor Sir Nathaniel Johnson, July 13, 1703 [q.v.], with
depositions. The Council of Trade and Plantations desire you
to move my Lord Treasurer that their Lordships may have the
opinion of the Commissioners of Customs thereupon. [(7.0. 5,
1291. p. 59.]
616, W. Popple, jr., to the Governor of the Royal African
Company. Encloses copy of Sir N. Johnson's letter July 13,
1703. The Council of Trade and Plantations desire that you
will return an answer of what you know or have to propose thereon.
[C.O. 5, 1291. p. 60.]
617, Council of Trade and Plantations to Governor Sir B.
Granville. A Petition having been presented to H.M. by Mr.
Foulerton [see July 6], H.M. has directed us to send you a copy,
and to take notice of the delays and obstructions of justice
complained of by the Petitioner, and require you to take care
that the administration of justice be expedited in the Petitioner's
case and in all others as the Law directs, and to signfy to you
H.M. pleasure, that if Thomas Maycock do by means or under
the protection of any office he may enjoy, continue to impede
or obstruct the course of justice in the present case, you do then
suspend him from such office, and particularly that of Judge,
untill ye cause or causes in which ye said Maycock and ye
Petitioner are concerned shall be determined. [C.O. 29, 9.
pp. 67, 68.]
[Oct. 24.] 618, Henry Furnesse to the Council of Trade and Planta-
tions. Prays for directions to finish the Seals begun for the
Oct. 20.
Whitehall.
Oct. 24.
Whitehall.
294 COLONIAL
1704.
Plantations by his grandfather, Henry Harris. Endorsed, Oct. 24,
1704. 1 p. [C.O. 323, 5. No. 64 ; and 324, 9. p. 37.]
Oct. 26. 61 9, Order of Queen in Council. Eef erring enclosed petition
St. James's, to the Council of Trade and Plantations to report what they
conceive fit for H.M. to do thereupon. Signed, John Povey.
Endorsed, Eecd. Oct. 31, Read Nov. 2, 1704. 1 p. Enclosed,
619. i. Petition of Richard Bayly and other merchants of
Bristol to the Queen. Their ship, the Expectation, did
in May last sayle for Virginia under ye West India
Convoy, there to load tobacco and return for Bristol.
They fear an embargo which will not only endanger
the loss of the ship by the worms, but also the lives of
the saylors by the seasoning of the country, or by
returning in a leaky ship, beside other great losses to
petitioners. Pray for an Order that yt. ship may have
liberty to return as was granted to the Tyger. Copy.
1 p. "
619. ii. Report of H.R.H. March 18, 1704, that the Tiger be
permitted to return from Virginia. " When such
embargoes are layd in Virginia it is done without the
authority and order of the Lord High Admirall." Signed,
George. Copy. 1 p. [C.O. 5, 1314. Nos. 32, 32.L, ii. ;
and 5, 1361. pp. 34-36.]
Oct. 26. 620. Lt. Governor Bennett to W. Popple. Encloses copyes
Bermuda, o f papers sent Aug. 12, etc. Signed, B. Bennett. Endorsed,
Reed. Feb. 12, Read March 6, 170f. Addressed. Holograph.
Postmark. 1 p. Enclosed,
620. i. List of Commissions (15) granted by Lt. Governor
Bennett, July, 1701 June, 1704. 1 p. [C.O. 37, 7.
Nos. 4, 4.L]
Oct. 26. 621. Royal African Company to the Council of Trade and
African House, plantations (Oct. 19). In Nov. 1702 the French with two ships
surprized and took their fort called James Fort in the River of
Gambia, and pillaged the same. Capt. Daniel Johnson, whom
the Company intrusted with their ship the St. Christopher, was
at the same time with a considerable cargoe trading up the
River Gambia, and at his return finding the Companies fort had
been plundered by the French, he combining with one Humphry
Chisnull, another of the Company's servants, ran away with
said ship and cargoe with such slaves, teeth and wax, which he
had traded for as aforesaid, to his Father at Bermudas, where
he sold most of the slaves, teeth and wax, and converted their
product to his own use, and afterwards burnt the St. Christopher
at Turks Island. The Company so soon as they heard Johnson
was runn away with their ship, sent letters to all the Islands in
the West Indies, where they hoped to meet him, upon notice of
which the Governor of Bermudas seized him, and by H.M. order
sent him home a prisoner, but he made his escape in the night
out of the ship that brought him to a port in England. Since
AMERICA AND WEST INDIES.
295
1704.
Oct. 26.
Whitehall.
Oct. 26.
Whitehall.
which the Company at their great expence have seized Johnson,
and intend to prosecute him for his crimes. They never trade
to Carolina, nor ever intended the St Christopher should be carry ed
thither with slaves or any other comoditys whatsoever. And
further to satisfy their Lordships in the truth of the perticulars
above recited, they herewith also send a copy of an affidavit
made by one that was present with said Johnson at Bermuda
and other places in the West Indies. If their Lordships will
please to send copies of the affidavits mentioned in Sir N. Johnson's
letter, perhaps they may give them some further light into
Johnson's evill practices. Signed, John Perry, Secry. Endorsed,
Reed. Read Oct. 27, 1704. 1 p. Enclosed,
621 . i. Affidavit of Wm. Norris referred to in preceding. 1 J pp.
[C.O. 5, 1262. Nos. 89, 89.i. ; and 5, 1291. pp. 61-67.]
622. Council of Trade and Plantations to the Lord High
Treasurer. Pray for directions in the matter of the seals for
the Plantations [see Oct. 24]. [C.O. 324, 9. pp. 38, 39.]
623. Council of Trade and Plantations to the Queen. In
obedience to your Majesty's commands [July 1 and Sept. 21],
we have proceeded as far as possible in the examination of that
whole matter in order to the presenting a Report thereupon to
your Majesty, as soon as the nature of the business will permit.
But whereas in the course of our enquiry we do find that the
late disorders in Barbados, which have given rise to these
complaints, have been occasioned by an usage or custome in
that Island, requiring 15 Members to make a quorum, the whole
number of the Assembly as elected being 22, of which usage 8 of
the Assembly taking advantage and intending thereby to defeat
the passing of a Bill brought into the House, have wilfully contrived
to absent themselves from the Assembly, notwithstanding the
frequent admonitions of your Majesty's Governor and Councill,
as well as of the President and Councill before the Governor's
arrival, and their being censured for such absence even by those
Counsellors who likewise appear in opposition to the Govern our,
and notwithstanding the endeavours of the major part of the
Assembly to reclaim such absenting Members, and to bring them
back to their duty. This evill practice having so far prevailed
in Barbadoes that from Oct. 27, 1702, to Nov. 24 following, and
from Jan. 7, 170f, to March 2 following, the Assembly was forc'd
to adjourn themselves, by five severall adjournments, before
the arrival of your Majesty's present Governor, and since that
time so frequently that there has been and yet. was at the coming
away of the last packet (as appears by the Minutes of the Councill
transmitted from thence) a total cessation of business in the
Assembly, the absenting Members having publickly before your
Majesty's Governor and Councill declared as follows, vizt. " That
when any Bills were before their House that they did believe
for the service of the country and your Majesty's honour, they
would attend , and when they did believe the Bills to be otherwise
they would again leave the House," which implyes an unwillingness
COLONIAL PAPERS.
1704.
in them to trust your royal power of repealing laws in the
Plantations, if unfit or unduly made ; and has greatly endanger'd
the safety of the Island by the discontinuance of the usual revenue
and of the necessary provisions for the publick security against
the will and endeavours of the major part of the Assembly, and
will intirely obstruct the course and administration of the
Government, which we are humbly of opinion may be in a great
measure prevented for the future, by your Majesty's reducing
the quorum of the Assembly of Barbadoes to 12, being the major
part of the whole number, no law appearing to us upon the
strictest examination to have past in Barbadoes to hinder this
exercise of your Majesty's royal prerogative, by which the methods
and forms of Government are established in your Plantations.
And if your Majesty shall be graciously pleased to approve of this
method, we humbly offer that your Majesty's pleasure herein
be signify ed under your royal sign manual to your Majesty's
Governor and Councill of Barbadoes to be communicated by
them to the Assembly, and registred in their Books, for their
guidance and direction, which we humbly conceive may hinder
the like obstruction of Proceedings in the Assembly, by Members
wilfully absenting themselvs, and much facilitate the expeditious
transacting of affairs in the General Assembly of that Island.
And whereas on this and many otljer occasions, we have observed
the earnest and pressing endeavours of several! persons to obtain
the honour of being of your Majesty's Councill in the Plantations,
without the knowledge and recommendation of your Majesty's
Governour, have been in order to the sheltring themselvs by the
priviledge of their places from prosecutions on account of debts
and for other indirect ends and purposes, we further humbly
propose that your Majesty would be pleased likewise to declare
by your signet and sign manual, that no Counsellors in the
Plantations have or ought to have by virtue of their places any
priviledge which may tend to the interrupting of justice, or to
the giving them any protection to the detriment of other your
Majesty's subjects in the recovery of their rights in the severall
Plantations. [C.O. 29, 9. pp. 69-75.]
Oct. 26. 624. Order of Queen in Council. Referring back above
St. James's. Representation to the Council of Trade and Plantations, who
are to consult Mr. Attorney and Solicitor General what method
they can propose for punishing such Members of the Assembly
of Barbadoes as wilfully absent themselvs from the said Assembly.
Signed, John Povey. Endorsed, Reed. Read Oct. 27, 1704.
i p. [C.O. 28, 7. No. 56 ; and 29, 9. p. 76.]
Oct. 27. 625. W. Popple, jr., to Mr. Attorney and Mr. Solicitor
Whitehall. General. Encloses copy of above Order and Report with an
extract of the Governor's Commission " whereby Assemblys are
constituted in Barbados. The Council of Trade and Plantations
desire your opinion thereupon as soon as may be, the administration
of the Government there being at a stand, and the Island in great
danger." [C.O. 29, 9. p. 77.]
AMERICA AND WEST INDIES. 297
1704.
[?0ct. 27.] ^ 626, Mr. Roope to the Council of Trade and Plantations.
The encroachments that the French have made, your Lordships
are very sensible hath been a vast national loss, but now in my
weak judgement there is a good opportunity of redressing it,
for Placentia, the only garrison they have in this country, is
weak'ned very much, for the said garrison did contain 150 men,
but now reduced to 117 there, a draught of 15 sent to Quebeque,
and 18 come over to our parts, who declare that the rest are
generally dissatisfyed in their Govern our, and both these and
those that came last year, and the prisoners doe all agree that
if Admiral Gryden had attack'd it, he had certainly carryed the
place. It is therefore humbly offered, that if there be a competent
number of ships, soldiers etc. sent early in the spring, so as to be
here in March or Aprill, Placentia may be reduced and their Fishery
both on the coast and bank destroyed. The Americans coming
hither in shoales doe much hurt the Fishery by bringing such
quantitys of rumm etc., which is so much coveted by the fishermen
that they will be intoxicated with it, even in the heighth of the
Fishery (which is very short) to their utter undoing, and very
often also of those that employ them, to the great decay of the
Fishery, and in the end of the fishing season they carry great
numbers of seamen to the parts of America, which otherwise
would goe for England, and so H.M. Navy would be better mann'd.
The Scotts'also of late do pry into this Trade, even several of them
that have no familys in England, which also may be of dangerous
consequence, if not timely prevented, for their men working for
little wages and things in their country cheape, will be able to
undersell us in fish when abroad, and so get when we loose, and
so work us out of this Trade, and then in little time gett seamen
and treasure, and then doe as others have done in this last age.
As to the fortifications, my opinion is, that it is absolutely necessary
that there be a stone fort, of about ten gunns, on a raising rocky
ground, called Crawly's Battery, and is on the East side of the
South Castle, by which means the said Castle will be secured
from any battery that can be raised on that side, and also it will
very much annoy the ships that shall pretend to enter in an
hostile manner, and that there be another stone fort of like force
built on the North side of the entrance of the Harbour near the
North Battery, and also one of about 6 gunns on a rising ground
fronting the entrance of Quide Vide, and that the gunns that
are now on the open Batterys of Ringnoon, Gassicles, and North
Battery, be put in those forts, and here no double-head shott,
it would be needfull that there be at least 40 rounds of double-head
shott for the 4 cannon of seaven that are here, and the like quantity
for the four 24 pounders ; and that the gunn -carriages that
were cast in the survey of this year be exchanged, as also a quantity
of powder and small armes, a duplicate of all which is sent by the
gunner to the Office according to the survey, and that there be
an armourer allow'd, for want of which many armes are spoyl'd.
And that there be yearly an exact inspection into the carriage
of the Commanding Officer toward the soldery, how they are paid
their subsistance, and how serv'd in victualls etc., ye inspection
208 COLONIAL PAPERS.
1704.
to be made by the Commadore and the Admiralls of the Harbour
in the presence of all the Masters of the fishing ships and signed
by them all, for one may be byass'd when so many cannot, and
this will certainly prevent so large desertion as there has lately
been at Plasentia, and indeed is generally beleived would have
been here if Capt. Lloyd had not been suspended and Lieut.
Moody put iii his place. It is also prejudicial for any Commission
Officer to trade in this place or any way to intermeddle with the
Fishery, for by their haughty and soldier-like way they scare
(nay sometimes beat) those poor people out of their right, and
they are not able to spare time or money to get redress. I have
about 8 or 10 days work more to finish the boom in which shall
put about 120 tunn of timber, it had been finished long since,
had I had the required assistance from Capt. Lloyd, and above
70Z. saved in. Signed, John Roope. Endorsed, Reed. 8th, Read
Dec. 12th, 1704. 1 large p. Enclosed,
626. i. Deposition of John Roope as to Capt. Lloyd's refusing
to let his men assist in fixing the bomb (boom) at St.
John's. Sworn in the presence of David Roberts,
Admiral, Henry Hayman, Vice-Admiral, Samuell Hay-
man, Rere-Admiral. Copy. Endorsed as preceding. 1 p.
[C.O. 194, 3. Nos. 36, 36.L ; and (without enclosure)
195, 3. pp. 354-359; and 385-389.]
Oct. 28. 627, Mr. Lewis to Mr. Popple. Mr. Secretary Harley having
Whitehall, received information that one Frederick Gustavus Man, a subject
of H.M., is brought in custody from Jamaica by Capt. Andrew
Douglas, H.M.S. Norwich, desires to know whether the Captain
has given any account of this man to the Council of Trade and
Plantations, and if he is a prisoner of State, why the Government
is not acquainted with it. Signed, E. Lewis. Endorsed, Reed.
Read Oct. 31, 1704. 2 pp. [C.O. 137, 6. No. 68 ; and 138, 11.
p. 339.]
Oct. 30. 628. Governor Nicholson to the Council of Trade and
y ir g inia Plantations. Hearing of another accidental opportunity of
>urgh 'writing for England, I send a duplicate of what I wrote the 7th
inst., since which little hath happened, only concerning the
Nansiatico Indians, five of which were hanged, and what is done
concerning the rest of them, I humbly transmit the proceedings.
Our General Court, I thank God, ended on Friday, none were
condemned to dy, only one to be transported to the West Indies.
I thought H.M. interest and service and likewise the Country's
required my speaking to the Grand Jury, (who were all upon
their oaths) about Mr. Robert Beverley's letters, the proceedings
concerning him I herewith transmit. This man's actions are
agreeable to the rest of the party, or rather faction : for they
will not be satisfied except they can rule and do what they please,
and if they are not suffered so to do, then oppression and arbitrary
proceedings is their cry : and no doubt with him, if they don't
succeed in what they have a mind to, they will even tax her most
sacred Majesty and the Rt. Hon. the Lords of her most honble.
AMERICA AND WEST INDIES. 299
1704.
Privy Council, as he hath done about his unfair trial, as he calls
it. In his narrative (as he calls it) he hath done me the honour
to joine me with the Parliament of England, and the tobacco-
merchants etc. I am now every day in hopes of receiving her
most sacred Majesty's Royal commands, as likewise those of
your Lordships, which shal be most readily and chearfully obeyed
by etc. Signed, Fr. Nicholson. P.S. I thank God that both
H.M. Revenues and likewise those of the Country, are considerably
in bank, and this H.M. Colony and Dominion is in peace and
quietness, and that these things may so continue are the prayers
to God Almighty, of Fr. Nicholson. Endorsed, Reed. 2nd, Read
May 31st, 1705. 1 p. Enclosed,
628. i. Proclamation proroguing the Assembly of Virginia to
April 18. Signed, Fr. Nicholson, Oct. 26, 1704. Endorsed
as preceding, f p.
628. ii. (a) Robert Beverley to Major David Gwyn, in Richmond
County. London, Feb. 12, 170|. Encloses following
narrative " which is not the tenth part of what appears
here of the designs of slavery and ruine to our poor
country, and is no way to be helped but by the removal
of our Duke from among us, which one true representation
from our Assembly would do, nothing supporting him
so much as the flattering addresses he obtains by the
many inventions he uses with the Assembly, Clergy
and others, bestowing promisses and offices only the
better to obtain his other ends " etc. Signed, R. Beverley.
Copy. J p.
(b) Copy of Mr. Beverley's Narrative. London, Feb.
12, 170f. Our poor unfortunate country feeds the
fire in its own house with Addresses and nourishes
Vipers with flattery. I was altogether in the dark till
I came here. I esteemed our Duke's behaviour to be
no more than the effect of his pride to hector and
domineer etc. and could never have imagined the
dilligence and means he uses in seeking a despotick
power by authority from hence, and a back of Military
force and Martial Law to support it. I thought some
merchants here might have been satisfyed in making
a trade of us in the sale of our tobaccos etc., and did
not think they had busied themselves in matters of
State to keep us underlings and poor, prying into our
Laws and improvements, and opposing privately anything
that might tend to the advantage of our manufactures,
ports or towns, wch. they knew would soon make us
a brave Country and teach us to make ye best of our
Commoditys. I thought when old Randolph was aead,
his place could not have been filled with such another
pest to mankind, but here's his successor ten times
worse ; nay the Devil himself, were he in his room,
could not do us more mischief nor frame grosser lyes
against us. He has got some credit here and his storys
have a mighty weight etc. Here's our Duke and the
300 COLONIAL PAPERS.
1704.
said successor of Randolph echoing one another in all
points etc. It is not unknown to my father Byrd how
he and his son have been misrepresented. Several of
the particular characters wch. have come to my hand
I have communicated characters of Col. Carter, Col.
Ludwell, B. Harrison, N. Harrison, Mr. Drummond,
Capt. Marable, Esq. Luke, Fr. Jones, Jno. Page, Mr.
Fouace, Mr. Wallace. Mr. Blair and myself, and the
method is to abuse all that come for England, or whose
names are but known in England, if they will not be
bribed to speak in his behalf, as some now in England
have done, who basely betray their country and posterity
for ye sake of 20 guineas bestowed on them at coming
hence. I have obtained copys of some of the Memorials
(one of wch. 1 had of Mr. Fouace) and have sent them
into the country. I suppose they may come to your
view in the circuit, if they 'scape surprize. By these
Memorials the Council in general are represented as
vain, cowardly, disloyal to H.M. and perjured, not
regarding their oaths, the Assembly a pack of rude,
unthinking, wilfull, obstinate people, without any regard
to H.M. or her interest, and 'tis laid as a crime to them
that they think themselves entituled to the libertys
of Englishmen : but ye most of all these Memorials
I cannot obtain a copy of, the Clerks have denyed gold
for it, and the Committee have denyed it to my brother
Byrd, whom I gott to ask for a copy of it as Agent,
but I have another trial to make. By them you may
also see how early our Duke (notwithstanding his fair
pretences of loving the Country and the natives thereof,
and particularly one of them) made it his business and
study to prey upon our poor country and render it
needy and ruinous, discouraging all manufactory s,
keeping us only to tobacco, disheartening all pretences
of priviledges as English subjects, giving odious characters
and misrepresentations of every gentleman that says
not as he says, seeking and continually moving for Acts
of Parliament against us, and urging and inciting the
Crown and Court of England into an ill opinion of us
by odious and false descriptions etc., which have already
brought two Acts of Parliament upon us, one to burden
our trade and commerce from one Plantation to another,
least we should thrive too fast and grow too great, viz.
the penny per pd. Act ; and the other totally to suppress
our commerce in wool, cotton etc., and now seeking and
urging by all the ways they can invent for another
Act of Parliament to levy the Quotas of men and money
for New York upon us, crying up the necessity of our
supporting New York and that it is our only Barrier,
ridiculing the votes of our Assembly, representing us
a rich, populous and obstinate people, of Commonwealth
principles, and must be corrected and lowered in time,
AMERICA AND WEST INDIES. 301
1704.
thereby to get a Military Force ; giving many reasons
for a grant of our Quitrents and publick money (which
is represented 10,000?. beforehand) to be applyed to
New York, and putting that Country upon moving
in ye same manner. But what I take to be the most
dangerous, and comes nearest to ye loss of our lives
and libertys, as well as estates, is the many inventions
and unsuspected arguments that are constantly used
in all letters and memorials to obtain a standing force,
and a title of Capt. General over all the Plantations on
ye Continent, the colour of wch. at this time is a
proposition of conquering Canada, and seems indeed a
very good cloak for what is mainly intended by it (altho
I am well assured, and some now in Virginia can informe
you that he had this design in his head in time of peace
and talked frequently of it with great satisfaction and
delight, when there was peace and no war thought on)
and if he once obtain such a Commission, Martial Law
is the consequence, and it will then be too late to
remember his threats so often used of taking and arming
all our servts., of bringing the Burgesses with ropes
about their necks, and daring that Assembly that should
deny him anything etc. etc.
(c) Proceedings of Council of Virginia upon above,
Sept. 28, 1704. H.E. caused above letter and narrative
to be read, and asked the opinion of the Council, whether
the same, if they should be dispersed, may affect the
peace of the Country. The Council declared their
opinion that it would not. H.E. caused his opinion
to be entred : " As to Mr. Beverly's letter and narrative
they are part false, part scandalous and part malicious,
but I could not expect otherwise from a man of his
universal ill character : but I suppose his pride, ambition,
vanity, unsettledness in all his conditions and his poverty
might make him hope to make a sedition in the country.
The advice I give him is to get himself close shaved
and make friends with the Governors of H.M. hospital
of Bedlam to get a place there, and there he may meet
with real chaines instead of imaginary ones that I was
preparing for H.M. loyal and dutiful subjects of Virginia.
And as for my own actions I appeal to the several Records
of the Country, and for what I have written by letters,
I have the copys of them all, and I shal endeavor (God
willing) to maintain and justify them, whenever I shal
be legally called to an accot. of them." The whole
endorsed as preceding. 4 pp.
628. iii. (a) R. Beverley to Wm. Blackbourne, mercht., in
Glocester County. London, Feb. 12, 170|. My cause
is over and gone against me, having had as unfair a trial
here, as ever I had there. We have no certainty of a
change of Governors as yet, wherefore am not willing
to trust myself to his ill-usage again. I resolve to sitt
302 COLONIAL PAPERS.
1704.
down here and sell my own tobacco when it comes
home, and if you or any of my friends will trust me with
theirs, etc. 'Tis expected we shall send a Guard-ship
to you. The Govr.'s Agent is solliciting for one to be
under his command.
(b) The Grand Jury to Governor Nicholson. We
refer the case of the Nanziatico Indians now in custody
to your Excellency and the Council. As to Mr.
Beverley's letters and narrative, we are humbly of
opinion that it is false, scandalous and malicious, but as
we come from ye sevll. parts of the Colony, we find it
in genii, so well satisfyed with ye Constitution of its
Government under your Excellency that we can't believe
it will affect the peace thereof. Pray for the continuance
of his Government. Signed, Geo. Clough, Wm. Randolph,
jr., Jno. Talliaferro, Sampson Darrel, Richd. Littlepage,
Tho. Tunstall, Jos. Brodbent, Henry Spratt, Tho.
Parker, Tho. Pettit, Saml. Fox, Antho. Holladay, Ja.
Wilson, Sam. Bridger, Wm. Timson, Gideon Macon,
Tho. Ballard (Foreman), Jno. Major, Richd. Wyat,
Nath. West, Jno. West, Cha. Baily. H.E. thanked
them etc.
(c) Justices of the Peace of King and Queen County
to Governor Nicholson. Robert Beverley, Clerk of
our Court, hath in confederacy with some other factious
persons in our County, stirred up sedition, faction etc.,
which, if not timely prevented, may occasion the breach
of H.M. peace etc. Pray that he may be removed from
his office of Clerk, and for H.E. long Government etc.
Signed, Wm. Leigh, Richd. Gregory, Tho. Paullin,
Richd. Anderson, Jno. Story, Geo. Braxton, Tho. Petit,
James Taylor, Sheriff. The whole endorsed as preceding.
2pp.
628. iv. Copy of Minutes of Council and General Court of
Virginia, Aug. 8 and Oct. 16, 19 and 21, 1704, relating
to Mr. Ballard, Samuel Selden and Mr. Beverley. Upon
the Order of Council, Jan. 20, 170|, the case of Ballard
v. Beverley was referred to the General Court (Aug. 8)
and on Oct. 16 ordered to be heard on Oct. 19, when
Defendant's Attorneys said they had no instructions
to appear. Whereupon Petitioner's Council prayed
judgement. H.E. ordered Petitioner's Council to put
their prayer in writing to-morrow, because Defendant
had reflected on his tryall both here and in England.
H.E. produced his letter to Mr. Blackbourne [above],
and desired the Court to give him an answer [thereto]
to-morrow. Oct. 21. The Court unanimously reported
that the cause was heard with all patience, iustice and
circumspection, and all parties fully and fairly heard.
In the action of Francis Ballard v. R. Beverley, Deft.,
upon H.M. Order in Council, Jan. 20, 1703(4), whereby
the Judgment of this Court, April 24, 1703, is declared
AMERICA AND WEST INDIES.
303
1704.
Oct. 31.
Whitehall.
Oct. 31.
Whitehall.
Oct. 31.
Oct. 31.
Whitehall.
Nov. 1.
Whitehall.
null and void, and Deft, not appearing, petitioner moved
that the said judgment be reversed and that writ of
possession might issue. Ordered accordingly, and that
Deft, pay the 51. sterl. costs allowed by H.M. Order
with all other damages and costs. Endorsed as preceding.
Copy. 2f pp.
628. v. (a) Report of the Commissioners of Oyer and Termirier
recommending to mercy two Nansiatico Indians
condemned to death, but used as Queen's Evidence
in connection with the murders below. Propose that
the other Indians in custody be transported out of this
Government. Signed, Wm. Robinson, Cha. Barber,
Joshua Davis, Cha. Ashton, Hen. Ashton, Caleb Butler,
Wm. Tomlin, Robert Brooke, Jno. Craske, Robert
Carter, John Smith, Peter Beverley, Wm. Cattler,
George Taylor, Alexr. Donaphan [? Donovan], John
Deane, John Tarpley, Tho. Beale.
(b) Minutes of Council of Virginia, Oct. 17-21. The
Council advise that the said Nansiatico Indians be
brought to the publick goal at Williamsburgh until the
meeting of the General Assembly. Same endorsement.
Copy. 2 1 pp.
628. vi. Abstract of Proceedings of a Commission of Oyer
and Terminer for trial of Indians in Richmond County
for the murder of John Ro[w]ley, Cath. Ro[w]ley, Wm.
Ro[w]ley and Mary Webb. Seven Indians were found
guilty and condemned to be hanged. Endorsed, Reed.
May 2, 1705. 2 pp. [C.O. 5, 1314. Nos. 35, 35.i.-vi. ;
and (without enclosures) 5, 1361. pp. 233-236.]
629. W. Popple to Mica j ah Perry and Peter Paggan. The
Council of Trade and Plantations desire to speak with you
to-morrow in relation to a petition concerning the Expectation
now in Virginia. [See Oct. 26.] [C.O. 5, 1361. p. 29.]
630. W. Popple, jr., to Erasmus Lewis. In reply to yours
of Oct. 28, the Council of Trade and Plantations have no
information. [C.O. 138, 11. p. 340.]
631 . Order of House of Lords, that the Council of Trade and
Plantations do lay before this House an account of the state of
the trade of this Kingdom since last Session. Signed, Mat.
Johnson. Cl. Parl. [C.O. 389, 18. p. 204; and 412, 549.
p. 222.]
632. W. Popple, jr., to Mr. Cary. The Council of Trade
and Plantations desire to know what sort of guns are proper for
Castle Island. [C.O. 5, 911. p. 396.]
633. Council of Trade and Plantations to Mr. Secretary
Hedges. Mr. Bonet, Minister of the King of Prusia, having sent
to our Secretary a paper relating to a Colony to be settled in
304
COLONIAL PAPERS.
1704.
H.M. Plantations, we have not thought it proper for us to proceed
thereon without H.M. directions, and do therefore transmit the
same to you to be laid before H.M., if you shall so think fit. 1 p.
Enclosed,
633. i. Extract of a letter from P. Dupuy, Berne, Sept. 6,
1704. A merchant druggist of this town, a very honest
man, has formed the design of going to Virginia or
Pennsylvania, if he can learn the state of those countries,
and could make some establishment there. He would
take several artisans with him, if the Queen would grant
him a certain quantity of land with some materials for
building, some privilege for 10 years in favour of their
work, and a free passage from Rotterdam, etc. French.
Copy. 1J pp.
633. ii. M. Bonet to [? W . Popple]. I beg you to lay before
the Commissioners of Trade the enclosed letter from
M. L'Avocat-General Dupuy to H.E. Monsieur le Baron
et Ambassadeur de Spanheim, etc. Signed, Frid. Bonet,
Suffolk Street, Nov. 1, 1704. French. [C.O. 5, 3.
Nos. 19, 19.i. ; and 5, 1361. pp. 30-33.]
Nov. 1. 634. Mr. Secretary Hedges to the Council of Trade and
Whitehall. Plantations. Encloses following for their report. Signed, C.
Hedges. Endorsed, Reed. Read Dec. 5, 1704. 1 p. Enclosed,
634. i. Mathew Plowman to the Queen. See Col. 1700,
No. 807, i. Claims for 600Z. * p. [C.O. 5, 1048.
Nos. 93, 93.L ; and 5, 1120. pp. 231, 232.]
Nov. 2.
Whitehall.
635. Extract of a letter from Capt. Wenham to [?]. I have
seen a Proclamation for settling the money in these parts.
It will certainly ruin these parts that have not staple commodities
of their own produce to answer what effects they receive from
England, so all the money must goe, and if noe cash among us
no Trade, and as 'tis settled we can't buy a loaf of bread or a
joynt of meat for our Family, for 'tis hardly possible to weigh
or compute every groat and sixpence wee pay, if they had sett
our small money at a certain rate without weighing and have
weighed nothing under a piece of eight, and allowed a piece of
eight of Yldwt. to pass for six shillings, must [? might] have been
tolerable, but to weigh all small money, and to sett the standard
17 \dwt. when not one piece in a hundred weighs so much, we cannot
but think those that recommended that to be done understood
little of the matter, and if not undone, we are soe. Endorsed,
Communicated to the Board by Mr. Blathwayt. Reed. Read
Jan. 9, 170f. 1 p. [C.O. 5, 1048. No. 94.]
Nov. 2. 636. N. Gary to the Council of Trade and Plantations. In
New York. re piy to letter of Oct. 31, I am advised by Gentlemen conversant
in Military affairs that six 42 pounders and fourteen 32 pounders
are necessary for H.M. Fort on Castle Island ; with 200 rounds
of shot and 100 barrels of powder, 500 small arms and cuttlasses
with 100 pair of pistolls and bayonet ts are the least that will be
AMERICA AND WEST INDIES.
305
1704.
Nov. 2.
London.
Nov. 3.
Whitehall.
Nov. 3.
Whitehall.
Nov. 4.
Whitehall.
Nov. 4.
New York.
necessary for defence of H.M. Province. Signed, Nathll Gary.
Endorsed, Reed. Read Nov. 2, 1704. 1 p. \C.O. 5, 863. No. 121 ;
and 5, 911. pp. 397, 398.]
637. Attorney General to Mr. Popple. I am at a loss to find
how a quorum of 15 became necessary to make an Assembly [see
Oct. 26], the whole number being but 22, and H.M. Instruction
to the Governor impowering him to make Lawes with the consent
of the Assembly or ye Major pt. of ym. wch. is 12, and wee
taking it (the contrary not appearing) that the right of having an
Assembly arises only from the Commission to the Governor,
there not being any direction therein to have 15 to make an
Assembly, wee desire to be informed how 15 comes to be
necessary, wt. orders of H.M. predecessors or other Acts have
been declaring that 15 at least must be present. I have perused
the Lawes of Barbadoes, and find nothing in ym. touching ye
necessity of having 15 ; as to an immemorial usage, yt can not
be pretended too, that Island having gained in less yn within
100 years past. Soe soon as I have ye answer to this matter,
Mr. Soil, and myself e will despatch the papers back to the Lords
Commrs. Signed, Edw. Northey. Endorsed, Reed. Read
Nov. 3, 1704. Holograph. 1 p. [C.O. 28, 7. No. 57 ; and
29, 9. pp. 78, 79.]
638. W. Popple, jr.,, to Mr. Attorney General. The Council
of Trade and Plantations direct me to answer [to preceding] that
it is agreed by both contending parties that such an usage or
practice has obtained in the Assembly since the settlement of
Barbadoes in 1627, but when the said practice begun, they doe
not find, nor any Law relating to Assemblies otherwise than for
their annual sitting. The Constitution of such a Quorum seems
to their Lordships to be particular order of these Assemblies,
which therefore they conceive may be altered by H.M. Encloses
extract of Lord Carlisle's Patent of 29th Sept., 1629, for the
Propriety of that Island, concerning the Legislature. [C.O. 29, 9.
pp. 80, 81.]
639. W. Popple, jr., to J. Burchett. Encloses letter etc.
from Governor Handasyd (June 17) to be laid before H.R.H.
the Lord High Admiral's Council. [C.O. 138, 11. pp. 342,
343.]
640. W. Popple, jr., to Wm. Bridges. The Council of Trade
and Plantations desire you to inform them as soon as conveniently
you can whether the stores demanded for Barbadoes March last
have been sent, etc. [C.O. 29, 9. p. 82.]
641. Governor Lord Cornbury to the Council of Trade and
Plantations. The Assembly of New Jersey met Sept. 1st, to
which time I had adjourned them by Proclamation. I was in
hopes they would have done what might have been expected
from them ; but they fell upon the Proprietors' Bill again, and
Wt, 2710, C 20
306 COLONIAL PAPERS.
1704.
never brought in any Bill to settle a Revenue, till soe late that
they knew I could not stay to pass it, because I was to meet
the Assembly of New York, besides the sum was not suitable to
the occasion, for they proposed to settle noe more than 1,0001.
a year, and but for 3 years, indeed at last they would have made
it 1,500/., but I saw very plainly that they did not intend to doe
anything, so upon 28th 7ber. I dissolved that Assembly, and in
few days issued writs for another, which I hope will doe better,
to meet Nov. 9 at Burlington. I intend in two days to set out
for that place, though it is very late in the year. The Quakers
in West Jersey interrupt the proceedings in Courts of Judicature
very much, for now they find that they are admitted into all manner
of employments without taking of oaths, their consciences are
so tender that they can't suffer an oath to be taken in their
presence, soe that either Quakers must not be admitted to sit
in Courts of Judicature, or else all causes must be tried by Jurys
who have taken noe oaths, and upon the evidence of witnesses not
sworn. I think it would be much more for the service of the
Queen that none should be admitted into employments but those
who are willing to take the oaths ; the people in New Jersey seem
uneasy at the quallification prescribed for persons to serve in
the Assembly, they could rather wish that each County might
send two, and I am of opinion we should have better Assembly s
if it were soe, then we have now, however I shall be able by the
next vessel to give your Lordships an account what the new
Assembly will do. Signed, Cornbury. Endorsed, Reed. Jan. 16,
Read Feb. 2, 170f. H pp. [C.O. 5, 970. No. 22 ; and 5, 994.4.
pp. 186-188.]
Nov. 6. 642. Governor Lord Cornbury to the Council of Trade and
New York. Plantations. Dr. Bridges, Chief Justice of this Province, is dead.
That there might be no failure of justice, I have appointed Roger
Mompesson to be Chief Justice till H.M. pleasure may be known.
I hope she will be graciously pleased to confirm him in that place ;
he has held two Courts already, in which he has given general
satisfaction to all people, and has dispatched a great many causes
which had been depending a great while. I dare be bold to
say he will serve the Queen with the utmost fidelity, and indeed
in this country that place should be filled by a man of resolution,
which Mr. Mompesson does not want, etc. Signed, Cornbury.
Endorsed, Reed. Jan. 16, Read Feb. 1, 170f. Holograph. 1 p.
[C.O. 5, 1048. No. 95; and 5, 1120. pp. 243-244.]
Nov. 6. 643. Governor Lord Cornbury to the Council of Trade and
New York. Plantations. Repeats beginning of letter June 30 [No. 427]
and refers to proposed meeting with Col. Nicholson and
Col. Seymour, " at which time I likewise hoped we should have
seen Col. Dudley, he having writ me word that he would meet
them here, I did intend to have proposed to them the laying a
tax in each Province by Act of Assembly, for the setling and
defraying the charges of the post, which then might have gone
from Boston to North Carolina, but this meeting was hindered
by several accidents, first Col. Dudley was busy about his
AMERICA AND WEST INDIES. 307
1704.
expedition to the Eastward, Coll. Nicholson was hindered by
the sitting of the Assembly of Virginia, and as soon as the
Assembly of New York was over and I thought to go into New
Jersey, to the Assembly which was to sit at Burlington, I was
forced to adjourn them, in order to go up to Albany, where there
was an alarum that the French were marching towards that place
with 1,000 French, and Indians. I went and when I arrived there
I found the people in a very great consternation, but that was
over in a few days by the arrivall of some Indians I had sent out
to see if they could discover any numbers of men marching our
way, at their return, they informed me they had been as far as
the Lake without seeing anybody, but that upon the Lake they
had met some of the Ottowawa Indians, who had informed them
that 300 French and Indians were marched with a design to
attempt Northampton in New England, but that they could
not find there were any marching our way ; however, by this
accident, I had an opportunity to see how far we may depend
upon our own people, and the Indians too in case of need, and I
must say the Militia of the County of Albany were very ready
if the enemy had been coming, I could in 48 hours time have
drawn together upwards of 700 men, reckoning the garrison, the
Militia of Albany and that of Ulster Countys, and the Indians of
the Five Nations were soe ready that they all left their Castles,
and were coming towards Albany before I could send them any
orders ; at the same time that I was at Albany, where I stayed
but ten days, there was an alarum at New York occasioned by
a gentleman who, coming from Long Island, informed the Councill
that 10 French men of warr were come within Sandy Hoock,
and upon this the Gentlemen of the Councill sent an expresse to
me to desire me to make what hast I could downe to New Yorke,
and at the same time sent to the Colonells of the Militia in the
severall Countys about New York to get their men ready to
opose the ennemy ; I did make all the hast I could, but before
I could get to New York, their fears were over, for the 10 men of
warr were dwindled away to one French privateer of 14 guns,
who took just without Sandy Hook a ship commanded by one
Sinclair, who was bound to this Port from England, on board
of whom were all the packets your Lordshipps were pleased to
send to me ; they were given into the charge of one Glenerosse,
a merchant of this place, who left them on board, by which means
they are fallen into the hands of the enemy. I can not say that
the Militia of this City did their duty, for very many of the Dutch
men ran away into the woods, but the Militia of Long Island
deserve to be commended. Col. Willet, who commands the
Militia of Queen's County, in 10 hours time brought 1,000 men
within an hour's march of New York, the Militia of King's County
was likewise in good readinesse, but there being noe occasion
for them they were sent home ; by this account your Lordshipps
will perceive how necessary it is to have a standing force in this
Province, where we are exposed to the invasions of the ennemy
by sea in the Southern parts of it, and to the attacks of the French
and Indians by land in the Northern parts of it. If the proposall
308 COLONIAL PAPERS.
1704.
1 made to your Lordshippes formerly had been approved of,
I make noe doubt but it might have been effected with much
lesse charge then the business of Guadalupa has cost, and I
conceive would have been of much greater advantage to the
Crown of England than the taking of that Island could have been.
The more I inquire into that matter the more feasible I find it,
but not with a lesse force then I proposed to your Lordshipps.
1 have seen a copy of a Memoriall Mr. Livingston laid before
your Board, in which he seems to be of opinion that a regiment
of well disciplin'd men with some officers to head the men that
might be raised here would , be sufficient, and perhaps it might
have been soe when Sir William Phipps attempted the taking of
it, but the case is much altered since that time, for that attempt,
though very ill contrived and worse executed, aid so fully convince
them how easy it was to take Quebeck, that they have made
it much stronger than ever it was, and have erected very good
battery s along the waterside, which will make that undertaking
more difficult then it was then, and the reason that made me
propose soe much a greater force then Mr. Livingstone has men-
tioned is because I should be very sorry to propose any thing
lesse then will effect the thing proposed, and if I have proposed
a greater force than is of absolute necessity I hope I shall not
be blamed for that. I did it because I was not willing so good
a thing should miscarry for want of sufficient force, and the
same reason still remaining I can't help being of the same mind
still. When the Eagle gaily sailed, it was soe soon after the
Assembly was adjourned that the Clerk could not get a copy of
their proceedings ready to send by that ship, therefore I now
send it to your Lordshipps, by which you will perceive that the
Assembly here is going into the same methods that the Assemblys
of some other Provinces upon this Continent have fallen into,
who think themselves equal to the House of Commons of England
and that they are intituled to all the same powers and priviledges
that a House of Commons in England enjoys, how dangerous it
may be to suffer them to enjoy and exercise such powers I need
not tell your Lordshipps, only I shall observe that the holding of
General Assemblys in these parts of the world has been setled
neither by Act of Parliament in England nor by Act of Assemblys
here, soe that the holding General Assemblys here is purely by
the grace and favour of the Crown, this I have told them often,
but notwithstanding that, they will passe noe Bill for the service
of the Queen, nor even for their own defence unlesse they can
have such clauses in as manifestly incroach upon the prerogative
of the Crown, or in some measure destroy the power of the
Governour (which will pretty well appear by a Bill prepared
by them this Sessions, enclosed). I did not think it proper to
suffer either, so I adjourned the Assembly. I did once intend
to have dissolved them, but upon the account I had that some
persons here had put them upon those methods in hopes to provoke
me to disolve them, and the assurances I had from several of
the Members that they would take better measures if they might
have another Sessions, I adjourned them to Oct. 2, at which
AMERICA AND WEST INDIES. 309
1704.
time they met, but instead of taking better measures, they have
gone on in the same, where they don't only incroach upon my
right (for that I should not have minded) but they take it upon
them to apoint at what rates the money shall passe here, which
I take to be the undoubted right of the Queen. Your Lordshipps
will perceive by the copys I send herewith that the Gentlemen
of the Councill made proper amendments to the Bill, but these
Gentlemen have thought fit to declare in their message to the
Councill of Nov. 4 that it is inconvenient for that House to admit
of any amendment made by the Councill to a Money Bill, by
which your Lordshipps will easily see that they intend to make
the Councill as inconsiderable as they can, it is a thing was
never attempted by any of their predecessors, but as the Country
increases they grow sawcy, and noe doubt but if they are allowed
to goe on, they will improve upon it, how far that may be of
service to the Queen I leave your Lordshipps to judge. I have
lately perused the grant made by King Charles II to H.R.H.
Duke of York of all the lands from a place called St. Croix to
the Eastward of New England, to the Eastern shore of Delawarre
River, by which it appears that that grant impowered the Duke of
York to correct, punish, pardon, gouvern and rule all such the
subjects etc. as shall from time to time adventure themselves
into any the parts or places aforesaid, or that shall or doe at any
time hereafter inhabit within the same according to such Laws,
orders, ordinances, directions and instruments as by the said
Duke of York or his assigns should be established, and in defect
thereof in cases of necessity, according to the good discretions
of his Deputies, Commissioners, Officers or Assigns respectively,
as well in all causes and matters capital and criminal or civil,
both marine and other etc., as will more plainly appear to your
Lordshipps by the copy I herewith send of the said grant, and
it is certain that in the time that my Lord Limerick was Governour
of this Province for H.R.H. Duke of York he governed without
Assemblys, and even after King James came to the throne, the
same Lord continued the same method, and certainly if the
late King Charles II could grant that Power to the Duke of York
at that time, H.M. may exert the same Power if she pleases. I
in treat your Lordshipps to beleive that I am not pleading for
the laying aside of Assemblys, it is farr from my thoughts, but
I think it my duty to acquaint you with what I take to be the
Queen's right, espetially when Assemblys begin to be refractory,
when I have done that I have done my duty and shall wait your
Lordshipps' directions, which I shall always punctually observe ;
In the meantime I have this day disolved the Assembly, and
intend to issue writs for the calling of another in March next,
which I hope will behave themselves better than the last, however
I am sure they can't be worse ; I am going to-morrow to New
Jersey to the Assembly there ; I take the liberty to beg your
Lordshipps that I may have all manner of stores sent over. I
have not 120 barrells of Powder left, and severall of them are
spoiled. I have noe small arms at all, noe cartouch boxes nor
paper, not one bed for the men to lye upon, but what have beeii
310 COLONIAL PAPERS.
1704.
pieced over and over again, not a sword in the Garrison, nor
a dagger, if the ennemy should attempt anything upon our
frontiers this winter we shall not have powder enough left for
salutes ; I intreat your Lordshipps to intercede with the Queen
that some presents may be sent over for the Indians, for if we
must buy them here, they will cost three times the price they
will cost in England, and sometimes the goods proper for the
Indians are not to be got here for money, such as light gunns,
duffles, strouds, kettles, hatchetts, stockings, blanketts and
powder ; and till Canada is reduced we shall never be able to
keep the Indians steady without presents. I must farther
intreat your Lordshipps to interceed with my Lord High Admiral,
that a man of war may be appointed for this Province, if there
is not one appointed the French privateers will intirely destroy
our trade to the West Indies, which will soon destroy the Trade
of this place, which consists chiefly in flower and provisions,
and if I may propose, a ship of 40 guns will be the fittest for this
place. I intreat you to represent our condition to H.M. that we
may be supply 'd early in spring, else we shall be in a very poor
condition even to defend our selves if we should be a tacked, etc.
Signed, Cornbury. Endorsed, Reed. Jan. 16, Read Feb. 1, 170f.
Holograph. 5J pp. Enclosed,
643. i. Declaration of the Officers of the soldiers at New York
that they have regularly received their subsistence
since Lord Cornbury arrived. July 4, 1704. Signed,
Peter Mathews, John Riggs, Lancaster Symes, R.
Hopson. Endorsed, Reed. Jan. 16, 170|. 1 p.
643. ii. Declaration by 'the Commissioners for managing the
Office of Collector and Receiver General of New York,
that all public money disposed of by them has been
by warrant signed by Lord Cornbury in Council. We
never paid H.E. but .what his bare salary amounted to,
to June 25, 1703. Signed, ~P[eter] Fauconnier. June 20,
1704. Endorsed as preceding. 1 p.
643. iii. Declaration by the Clerk of the Council that Lord
Cornbury swore the Council named in his Instructions.
Col. Romer was then absent, but subsequently sworn
(May 26, 1702), but has not since attended or acted
as Councillor. Signed, B. Cosens. Endorsed as preceding.
\<p.
643. iv. Opinion of the Attorney General of New York upon
the importation of wine from Maderas by Capt. Dawson.
March 29, 1704. Signed, Sa. Sh. Broughton. Endorsed,
as preceding. 1 p.
643. v. Mr. Weaver's certificate that he has accounted with
the Deputy Auditor, Col. Abraham De Peyster, for fees
due to the Auditor General of the Plantations,
Wm. Blathwait. 309Z. 11s. 3d. Signed, T. Weaver.
A true copy, Signed, Geo. Clarke. Endorsed as
preceding. 1 p.
643. vi. Mr. Weaver to Dr. Samuel Staats. To balance
Mr. Blathwait's account, I must pay him the ready
AMERICA AND WEST INDIES. 311
1704.
money in your hands. Pray let Mr. Vanderspeigle
this night weigh it out and pay him 100Z. July 22,
1702. Signed, T. Weaver. Endorsed as preceding.
i P .
643. vii. Copy of the Deputy Auditor's Account with
Mr. Blathwait, Nov. 29, 1700 March 25, 1703. Signed,
A. De Peyster. Endorsed as preceding. 1 p.
643. viii. Copy of a Bill for the Defence of the Frontiers of
New York, passed in the Assembly Oct. 25, 1704 (referred
to in above letter). Endorsed, Reed. Jan. 16, Read
Feb. 1, 170f. 5 pp.
643. ix. Copy of a Report of a Committee of the Council of
New York upon the above Bill. Propose amendments
to two clauses which encroach upon the prerogative of
the Crown and H.E. See Minutes of Council, Nov. 3,
1704. Same endorsement. 2 pp.
643. x. Copy of amendments made by the Council to above
bill. Nov. 3, 1704. Same endorsement. 1 p.
643. xi. Copy of Message from the General Assembly of New
York in answer to preceding. As quoted in above letter.
Nov. 4, 1704. Same endorsement. 1 p. [(7.0. 5, 1048.
Nos. 96, 96.i.-xi. ; and (without enclosures) 5, 1120.
pp. 245-260.]
[Nov. 6.] 644. " WILL AND DOOM, or the Miseries of Connecticut by
and under an usurper and arbitrary Power. A Narrative of
the first erection and exercise, but especially of ye late changes
and Administration of Govermt. in their Majesties Colony of
Connecticot etc., wherein the manner of the late Revolution,
May, 1689, is descovered," etc. The Preface is signed Philanax,
Dec. 12, 1692. Endorsed, Mr. [? Gresham] Bulkley's Book,
entituled Will and Doom, Reed, with preceding. Reed. 16th Jan.,
Read Feb. 1st, 170f . 100 closely written pp. [Cf. C.S.P. 1689-93.]
[(7.0. 5, 1263. No. 7.]
Nov. 7. 645. Council of Trade and Plantations to the Queen. Your
Whitehall. Majesty, upon our Representation of April 17, 1702, having
directed us to signify your pleasure to the Colony of the
Massachusets Bay for the building of several forts and fortifications
as well for the safety of that Colony as for the better securing
the production of Naval Stores, and to acquaint them that when
the said fortifications should be built, your Majesty might be
induced to send thither some stores of war for the use of the
same, which we did accordingly ; And we having likewise by
your Majesty's Order of July 30, 1703, required Governor Dudley
to send us a specification of the guns and stores which that Colony
stood in need of for the fortifications built or enlarged by them,
the said Governor in conjunction with the Councill and Assembly
has lately sent Capt. N. Gary on purpose, with Addresses to be
laid before your Majesty, and with other papers particularizing
the wants of that Colony, who has informed us that in his voyage
he was met by a French privateer who carried the ship to Brest,
312 COLONIAL PAPERS.
1704.
with goods to the value of 3001. loaden by order of that Govern-
ment for buying of small arms, and on that occasion had according
to his Instructions thrown overboard all the dispatches com-
mitted to his charge, so that he could only offer to us what he
remembred relating to his Commission, vizt., that your Majesty
would be graciously pleased to assist that Government with
20 great gunns and 100 barrils of powder and ball proportionable
for the fort on Castle Island. And he further prays that having
lost in his passage the effects wherewith he was to have purchased
500 small arms for their better defence against the French of
Canada and the Indians who have invaded them and destroyed
several of their towns, your Majesty would be pleased to assist
them by a necessary supply. Whereupon we are humbly of
opinion that in consideration of the dangers that Colony is exposed
to from the French and Indians, the expence they have been at,
as well in the war as in repairing, enlarging and finishing the fort
upon Castle Island for the security of Boston, the chief seat of
the Government, pursuant to your Majesty's orders, and that
they cannot provide themselves with those guns in that country,
it would be a seasonable relief and bounty from your Majesty
if you would bestow on that Colony 20 great gunns such as the
principal Officers of the Ordnance, upon discoursing with
Capt. Cary, shall find proper, with ball proportionable. And
as to the small arms and powder, in consideration that the goods
wherewith they should have been purchased are lost, we humbly
offer that the quantitys desired may be sent thither by your
Majesty and consigned to the Governor to be delivered to such
persons, and for such uses within his Governments of the
Massachusets Bay and New Hampshire, as he shall find requisite,
the Assemblys of those Provinces, on the particular persons
receiving the same, paying the value of the said powder and
small arms, for which the said Governour may be accountable
to the Office of Ordnance here. And we further represent to
your Majesty, that you having by your repeated letters directed
the Governour to acquaint the Assembly of the Massachusets
Bay with your Majesty's expectation that they should settle
a constant and fixt allowance on your Majesty's Governour and
Lieut. Governour for the time being, as also that they should
take effectual care for the rebuilding a good fort at Pemaquid
which they lost by their negligence during the last war to the
French and Indians, as also to contribute towards the fort at
Piscataway, the same being of absolute necessity for the security
of those Colonies and for protecting your Majesty's subjects in
providing masts and other stores for your Majesty's Royal Navy ;
and finding that the Assembly do still persist in refusing to
comply with your Majesty's commands in those particulars, we
humbly offer that in case your Majesty shall think fit to gratify
them in their present requests, your Majesty renew your former
commands for their setling such a salary on your Governors
and Lieut. Governors, as is done in all your Majesty's other
Plantations, and that they immediately take care for the
rebuilding of Pemaquid Fort, [and] the fort at Piscataway, your
AMERICA AND WEST INDIES. 313
1704.
Majesty signifying that if they do not forthwith comply with
your just expectations herein, they will appear undeserving of your
Majesty's favour towards them on the like occasions. 5 pp.
[(7.0. 5, 751. No. 58 ; and 5, 911. pp. 399-404.]
[Nov. 7.] 646. Thomas Bayley and others to the Council of Trade
and Plantations. Repeat petition of Oct. 26. The Expectation
was unavoidably detained before setting sail by contrary winds
etc. attending the West India Convoy. Otherwise would have
arrived timely in Virginia to have returned with the last convoy.
Her case is particular. Endorsed, Reed. Read Nov. 7, 1704.
| p. [(7.0. 5, 1314. No. 33 ; and 5, 1361. pp. 37, 38.]
Nov. 7. 647. Mr. Jenings to the Council of Trade and Plantations,
Prays for allowance for expenses for 18 months absence from
Virginia upon the Laws and public affairs of the Dominion.
Signed, E. Jenings. Endorsed, Reed. Read Nov. 8, 1704. 1 p.
[(7.0. 5, 1314. No. 34 ; and 5, 1361. pp. 39, 40.]
Nov. 7. 648. A Privateer's Commission from Governor Cranston
Newport, to Capt. John Halsey of the briganteen Charles, late of Boston,
siand. to fight and Destroy any privateers or others, subjects and
vassalls of France and Spaine, for 12 months if the War continue
so long. Signed, Samuel Cranston. A true copy, Nathl.
Coddington, Register. June, 1705. Endorsed, R. Dec. 25, 1705.
2J pp. [C.O. 5, 751. No. 57.]
Nov. 9. 649. Council of Trade and Plantations to the Queen.
Whitehall. Representation upon Order of Queen in Council, Oct. 26, con-
cerning the Expectation.- Your Majesty's Instructions to the
Governor of Virginia direct that during the time of war no ships,
trading to Virginia, be permitted to come from thence for England
but in fleets, or under the convoy or protection of some of your
Majesty's ships of war, or at such times a 
