America and West Indies
January 1703, 21-25

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Institute of Historical Research

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Cecil Headlam (editor)

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1913

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137-152

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'America and West Indies: January 1703, 21-25', Calendar of State Papers Colonial, America and West Indies, Volume 21: 1702-1703 (1913), pp. 137-152. URL: http://british-history.ac.uk/report.aspx?compid=73588 Date accessed: 26 November 2014.


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January 1703, 21-25

Jan. 21.Mr. Reynoldson's account for entertaining the French that came in the Flag of Truce recommended to the Assembly.
The Assembly attending, the President desired they would make an end of those matters he recommended to them at their last meeting; that some care be taken for continuing the Act for Maintenance of the Forces till they are embarked, the month's limitation by that Act being very nigh expired; that an Address be made to H.M. for some disciplined troops and ships for convoys etc., and that a Joint-Committee be appointed to prepare the same; that the Act for securing the possession of Estates here, which was sent for England, had miscarried, and therefore that a duplicate be sent to their Agents, and that care be taken for money to be ready in England for carrying on several necessary matters there for the advantage of this Island.
The President read his reply to their answer to his speech: "I am very sorry that what I lately delivered to you failed of the attainment of those good effects intended viz. the rectifying of some errors which I conceived were prejudicial to H.M. service, inconsistent with your duty to her and our common interest, and hath only produced an ungrateful and unreasonable controversy, your answer giving me just occasion to believe you more willing to justify and persist in your errors than to acknowledge or amend them. I am very glad to hear, what you suggest, that your understandings are so well informed, that you want no directions from us, but should be more pleased to find your actions conformable. I am willing to construe your words or actions in the best sense that charity will allow. You ought not, Mr. Speaker, to have accused me of want of charity or any illogical misconstruction of your well-intended actions without giving some real instances of the incoherence or disagreement between my premisses and the conclusions. How far your answer is a modest vindication, as you say, will best appear by an examination of particulars. You tell us that you question not either our sincerity or diligence in our dispatch or promotion of things for the public good, and the reason, you subjoin is, because recrimination is not your business, which plainly implies you would have it believed you had something to offer in contradication to both, but that you are pleased to spare us at this time, which is an insinuation as far from truth as it is from modesty. In the next paragraph you tell us how irksome it is to you to be charged with dishonouring our gratious Queen and disparaging her Government, when the whole course of your lives has been a continued manifesto of your strict loyalty even to the most malitious, by which you infer that we are supereminently malitious. Your account of your proceedings in the Bill for taking up and fitting vessels of war is a false representation of your action and ours. You very untruly insinuate that the reasons of our not readily passing that Bill were some objections made against that part of it which related to those gentlemen's security, who were to advance the money for the public service, whereas you cannot be ignorant, if you do not artfully overlook the amendments we sent you, that we did not touch that part at all, but some clauses very foreign to that matter that were tackt to the Bill, which we conceived neither in duty to H.M. nor in prudence could be passed by us, so that your "disjunctive proposition" proves a mere fallacy and error not of ignorance, but of disingenuity and design, as I reasonably conclude from your passionate and unmannerly zeal to have that Bill passed exactly as it was, intending to surprise us to do that in haste, which you could hardly suppose us to be weak enough to do with any deliberation. And because we would not do this, Mr. Speaker was pleased to threaten us that you would go immediately and dismiss the vessels that were taken up for H.M. and the country's service and charge all ill consequences upon us, a very unjust and malitious design, and seditious too, and that you did not put this design in execution, I cannot attribute so much, Mr. Speaker, to your own temper as to the moderation and prudence of some other Members of the Assembly many of which, I doubt not, highly disapproved of such proceedings, and cannot but wonder how the major part of them have been prevailed upon to esponge Mr. Speaker's errors, whose intemperate heats and rudenesses are become habitual. It was our not complying unreasonably with this Bill that raised his passion, and produced such indecent comparisons and expressions, wherein he told us that you were the Great Council, which I think, notwithstanding Mr. Speaker's childish evasions, very logically infers that he took us to be the less, for all who understand the idioms of the English language know very well that upon the comparison of two Councils, when one is said to be the great Council, this expression implies an inferiority in the one and superiority of the other in dignity, and cannot with[out] any propriety be meant of numbers. As to your comparison of the Assembly here with the House of Commons, I never understood that upon the account of their greater numbers, that honble. body ever called themselves the Grand Council of the Nation exclusive to or in competition with the House of Lords, and always apprehended that both Houses together made up the Grand Council of England. Nor can we take your standing and being bare as any acknowledgment of our superiorities, when at the same time we stood and were uncovered also, having more reason from Mr. Speaker's words and behaviour to infer that he took that respect we have always shewn and received you with as a token of our inferiority to you as the greater Council. As for the conceit of your being superior to us in dignity implying a lunacy etc., I can account no further for it then with the Moralist—Ira furor brevis. That you did not think then of a superiority of number but of dignity may further be inferred from the reason you were pleased to assign of your being the Great Council, which was that you represented the whole body of the Island, and we represented nobody but ourselves, that is as much as to say, you sat by some authority, but we by none at all, and upon this account Mr. Speaker proceeded to tell us that it was your Province, not only to council and advise, but to admonish us too. Whereas I think admonition implies authority and cannot properly be offered to those we acknowledge our superiors, and as for the word "humbly" subjoined now in the answer, it was not then mentioned. This imperious way of pressing us to pass the Bill together with its faults, seems to imply an expectation in you suitable to the greatness you assume, that we should do it not by your advice, but by your prescription, and that you would impose upon our reason by your authority, and therefore that expression of a Member of our Board (that we would not have a Bill popt upon us) was not only gentle enough, but very proper and suitable to the disrespect and provocations that extorted it, and your passionate zeal, with which we were pressed to pass that Bill without deliberation or amendment, appearing to be what Mr. Speaker calls it, a trick to betray us to act contrary to our duty and our reason, and a design to impose both upon our loyalty and understanding.
As to the irreverence of the expression, Mr. Speaker is a very unfit person to make the objection. Refers to the Speaker's own coarse expressions when the Assembly attended upon his late Excellency and Council upon occasion of H.M. rejection of the Act to ascertain the rights and powers of the Assembly. Your sentiments of our superiority is shewn by your saying that it is only precarious and discretionary. You tell us plainly that you are independent upon H.M. Council, because you enjoy a negative voice as well as we, but where the logic of this conclusion lies, I cannot find.
As to our appointment of a "professed Papist and non-resident" to command the Flag of Truce, we know him to be married and suppose him to be settled in this Island. As to his being a Papist, we told you that we held that to be a very good reason of laying him aside, if true, but none of you when challenged would aver it upon your own knowledge. However, we thought fit to wave him, and accept of the person you recommended, being a Member of your own House, which, because we would not do hastily upon your first motion, Mr. Speaker told us that your House took it ill from us, and therefore now that the Gentleman recommended would not go; that you had a right to recommend such persons as were sent upon those occasions; by which we conjecture that you are of opinion that we are bound up by your recommendations, and are confirmed in this opinion by your late resolutions not to fit out any vessels of war for H.M. service, unless such persons as you recommended should be adopted as Commanders. Now tho', Mr. Speaker, we should always be willing to take your advice in all such matters as far as it appears to us to be conducing to H.M. service and the common interest, yet to be wholly determined and confined by your recommendation or to pay such a deference to your authority as to lay aside our own reason and wave that freedom of choice which belongs to us, would not only be an imposition upon us, but a prescribing to H.M. a deminution of Her authority, and refusing Her the liberty of putting in Commanders into her own ships.
As for your excuse for the presumption of doing that by yourselves separately which you had no power to do but in conjunction with us, that it was a force upon you because the thing would not bear any delay, we are well satisfied that there was no such force and necessity upon you, for upon the least intimation from your House I would immediately have called a Council, who I am satisfied, would immediately have convened upon any necessary emergency. As for your suggestion that we seemed to be satisfied with the excuse you made, the doing an unlawful thing first and excusing it afterwards, cannot alter the nature of the thing. As for your excuses for not meeting, I cannot find the force they should have upon your adjournments when met, nor what fatality should lie upon you so precipitately to disperse as you have done more than once, unless you suppose such a state as by a secret and irresistible influence determines men's wills to act contrary to their knowledge. Your reply as to the 4½ p.c. is another instance of your gratitude and modesty. Another instance of your zeal for H.M. service which you lately gave us was when upon a proposition of some of H.M. Captains that they would victual and man our brigantine, which you would neither do yourselves nor suffer them, tho' lying then upon the spoyl, and without which their heavy ships could not be supposed to be able to do any considerable service. Upon our moving this to you, you sent us a paper modestly intituled an Order for the Brigantine's being admitted to sail provided H.M. Captains would give personal security in 2,000l. to return her safe at an appointed time, a thing never required before of any Commander. Now though you could not but see that this proposition would give them just occasion of distast, and that it was too ridiculous for yourselves to propose, yet you modestly leave it to us to put your Order in execution immediately dispersing yourselves according to your accustomed manner, to prevent the opportunity of sending you our opinion, and now the vessel lies useless and decaying. I am sorry to tell you I find in you generally an indisposition to do anything for the good of the Island that is recommended by us, only for that reason. I could give many instances, as your backwardness to provide for the safeguard of our coasts, the little care, tho' I have often pressed it, you take to pay the soldiers and seamen that have already been in the country's service, who now go starving about the streets, with just exclamations against the Public faith; and the great difficulty with which I prevailed upon you to make any tolerable provision for the reception of the Earl of Peterborough and our expected Governor; and your great opposition and delays to the receiving and quartering of the land forces sent by H.M. for the safety of these Islands; and lastly the little care you take either to inform or pay your Agents at home. By all which I gather that the principal thing you aim at is an exorbitant power which doth not belong to you, and that you prefer your own ambition and honour to the honour and service of H.M. and the interest of the people whom you represent. Which irregularities I must advise you to amend, not designing to word it any further with you, for I intend this reply for an admonition, not a dispute, and hope you will not persist further to make it necessary for me to give you a demonstration of your dependance upon H.M. and consequently upon us, as delegated by H.M. authority, which, if I should be constrained to do, I doubt not to give H.M. such reasons for our proceedings as shall be approved by her, and to make evident to the people which of us is really most zealous to promote the common good.
This is what I intended to have said to you on Tuesday last, if you had then made an House; and now you have given me a fresh occasion to complain of your negligence and disrespect in refusing to sett the next day, though I acquainted you that very urgent affairs required your presence, and notwithstanding my appointment of the day, your adjournment of yourselves (in contempt) to another.
The Speaker in answer said, We must word it farther. The President answered that he had not consulted the House yet. The Speaker replied that he knew the temper of their House well enough.
In the afternoon, the Assembly attending again, declared in answer to what was recommended to them, an Act for the further accommodation of H.M. forces; an Act for raising a levy to discharge the public debts of this Island; that they had appointed a Committee to join with a Committee of the Council to draw up an Address to H.M.; that they had taken care to send duplicates of the Act about securing Estates as required; that they had received a letter from Capt. Walker desiring that an Act might be made to encourage the bring[ing] in all deserted seamen, but believing that 'twould take up too long time to prepare an Act and have the same publisht, they desire that the President would issue his orders to the several Collectors to send out patrols as was done in the time of Sir Francis Wheeler; that Mr. Cox's petition was referred to a Committee; and presented an Address for their Clerk's salary. They acquainted the Board that John Heywood and one Merrick had complained to them that the Secretary refused to give them their orders for money laid out by them for the fortifications, without they would pay him 10s. for the same, which they alleged was contrary to the Act made for that purpose. They prayed for a copy in writing of the reply to their answer, which was granted, and then withdrew.
Bill for the further accommodation of H.M. forces was read three times, passed, and received H.E.'s consent.
Bill for raising a levy was read three times, passed, and received H.E.'s consent.
Joint Committee appointed to prepare an Address to H.M.
Salary of William Rawlin, Clerk of the Assembly, paid.
Petition of Caesar Brooks, gent., read, setting forth that by a special Court of Oyer and Terminer, he was by a jury found guilty of killing Major Wm. Edwards, in his own defence, and praying H.M. pardon, which was granted. [C.O. 31, 6. pp. 352–373.]
Jan. 19.210. Journal of Assembly of Barbados. The Members present being but 13, adjourned to Jan. 21. [C.O. 31, 7. pp. 31, 32.]
Jan. 19.211. Minutes of Council of Jamaica. 100l. paid to the Commissioners for providing for the distressed inhabitants of Port Royal. Upon the petition of the inhabitants of North side the Governor proposed to draw the two Companies out of St. Thomas in the Vale and send one to St. Ann's and the other to St. Mary's, which the Council approved of.
Jan. 20.Ordered that the embargo be taken off 10 days hence, except boats about the Island and Turtlers, who are to have present leave to go about their occasions.
Ordered that the Commissioners for taking care of the poor people at Port Royal allow 7 lb. of flower and 5s. in money to every person above five years of age per week and half for those under that age.
Jan. 21.Ordered that what remains due to Col. Beckford for salary as Governor be paid. [C.O. 140, 6. pp. 118, 119.]
Jan. 19.212. Minutes of Council in Assembly of Jamaica. Capt. Hudson and Dr. Axtell were sworn Members of Assembly.
The Governor and Council acquainted the House, in response to their message of Jan. 16, that there is an Act for making Kingston a parish, which appoints the offices to be kept there, as well as at Port Royal, but if the House thinks to propose any other place, the Governor and Council are ready to hear their proposal.
Joint Committee appointed to consider that matter.
Jan. 20.At the above Conference, Col. Lawes declared his opinion that the short of the matter was, whether Port Royal should be resettled or another place settled in the Island, to which several of both Committees concurred. Col. Beckford urged that the safety of the Island consisted in the number of people, and the constraining them to any other place without an equivalent or something to settle withall would occasion their deserting. Col. Lilly, being sent for, gave his opinion that he did not look upon the fortification on Port Royal to be any fortification to the Island, for that there is a channel to Leeward that the ships may go into the harbour and not come within a mile of the Fort. Upon debate, the question put, whether 'tis absolutely necessary for the service, security and preservation of this H.M. Island that a Town for conveniency of Trade should be settled on the main Island or not; all the Gentlemen of both Committees, except one of the Council and one of the Assembly, declared their opinion that the people late of Port Royal should be settled on the main. The Question was put, whether the people of Port Royal that had land, should have a recompence for it: it was agreed unanimously in the affirmative.
The Governor proposed to the Board that in regard of the misfortunes and hurry, Col. Knight, Col. Sadler and Mr. Chaplin lie under, occasioned by their losses in the late fire, it was reasonable they should have some time allowed them from their attendance on this Board to take care of their affairs. Whereupon it was the unanimous opinion that they should have leave for a fortnight. Joint Committee appointed to consider what place would be fittest to be settled.
Jan. 21.Petitions of Richard Thompson, Tho. Hudson, Pe. Beckford, and Lewis Galdy, praying to be relieved for customs on wine and cocoa lost in the late fire, recommended to the Assembly.
On the petition of Lewis Galdy for liberty to send up to Curaso for sales for his ship, the Council advised that it was contrary to the Acts of Navigation and Trade, and consequently the Governor's oath.
The majority of the Joint Committee were of opinion that Kingston was the fittest place to be made the seat of Trade and settlement of the people. It was resolved that the old harbour be viewed by Col. Lilly, Mr. Brabant, or such other persons as shall be thought fit.
Capt. Edlyne and Col. Lawes proposed that, since it had been concluded that the settlement of the people should be upon the main, that a short Act should be made immediately to abrogate those Laws which oblige the keeping of the offices at Port Royal. Carried in the affirmative.
The House concurred with the resolves of the Committee, as above, and desired that their resolution might be published. [C.O. 140, 6. pp. 423–428.]
Jan. 19.
Portsmouth.
213. Minutes of Council in Assembly of New Hampshire. Vote sent up that a Committee be chosen in each town to take the estate of each town for proportioning the rates etc.
Bills for a tax of 500l., and for continuing the excise etc. sent up, read three times, passed and received H.E.'s consent. [C.O. 5, 789. p. 131.]
Jan. 19.214. Minutes of Council of Virginia. H.E. read Capt. Moodie's answer to the Order of Council, Jan. 15, wherein he raises some scruples against it and refers to his Lieutenant, Robert Mastertown, for what he has further to say, who, being interrogated, said that Capt. Moodie desired that H.E. would write to H.M. and H.R.H. the Lord High Admiral, that he may be safe for obeying the orders of H.E. for staying and convoying the ships. H.E. by advice of the Council replied that as to writing to H.M., he never did presume to do any such thing, but that a copy of proceedings of Council should be sent to H.M. principal Secretary of State, and that H.E. will, as he always doth, send a copy of all matters relating to Capt. Moodie to the Secretary of the Admiralty.
H.E. laid before the Council another letter from Capt. Moodie Jan. 18, wherein he takes notice that H.E. hath communicated all his letters to the Council, and for what end is best known to H.E.; that he hath sent his purser for more credit, in case he should stay; and that he hath recd. an Order to his Lieutenant releasing one Merriweather, said to be an inhabitant of King William County, whereas he is one of those that run away from the Nicholson. Whereupon H.E. declared that he was obliged so to communicate Capt. Moodie's letters, that the Council might judge what was necessary to be done; and that he will furnish the necessary credit upon his writing to him as formerly; as to Merriweather, if Capt. Moodie's is satisfied that he is a runaway, he is hereby authorized to detain him. The Lieutenant and Purser declared themselves satisfied with these answers.
Ordered that in case Capt. Moodie doth not stay, the ships make up in York River to sail March 4th. [C.O. 5, 1409. pp. 278, 279; and 5, 1412. pp. 32–34.]
Jan. 20.
Whitehall.
215. Council of Trade and Plantations to the Queen. In obedience to your Majesty's Order in Council, Dec. 31st, upon the petition of Sir John Colleton, complaining of an obstruction of Justice in your Majesty's Island of Barbadoes in a particular case wherein he is concerned, we humbly lay before your Majesty the draught of an Instruction to Governor Sir Beville Granville. Signed, Weymouth, Dartmouth, Rob. Cecill, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. Annexed,
215. i. Draught of Additional Instruction to Governor Sir Beville Granville. Whereas it has been represented to us by Sir John Colleton, Bart., son of Sir Peter Colleton, decd., that Catherine, the wife of Robert Richardson and William Thornburgh, Executors of Sir Peter, did in 1697, apply themselves to the Commissioners for Trade and Plantations, and afterwards to the then Lords Justices of England, setting forth that they, the said executors, having brought their action against Col. James Colleton and Peter Colleton of Barbados for several lands and negroes devised to them, the said Executors, by the said Sir Peter Colleton in trust for Sir John during his minority, but could obtain no redress therein by reason that Col. James Colleton had prevailed with the President and Council of that Island to make him Judge of the Precinct where the cause was to be tried and did thereby obstruct their proceedings in a regular course of Law; whereupon the said Commissioners having first writ to the president and Council that they should take effectual care that the course of Justice might not be obstructed, but without obtaining the necessary redress in the present case, and the said Lords Justices having afterwards directed by Order in Council, Sept. 26, 1699, that some other impartial and disinterested person should be appointed for the hearing and determining the matters there in controversy between the Executors of Sir Peter Colleton and Col. James Colleton, or that such other way should be taken as might be effectual to remove all delay or obstruction of justice in the said case, which directions were accordingly sent in the Governor that he might take due care therein; but the same have also been ineffectual. And whereas Sir John Colleton has also represented to us that having some time since attained the age of 21, and being then appointed sole executor of his father's will, had duly proved the same and taken upon himself the execution thereof, and that he having afterwards brought his action against the said James and Peter Colleton for the lands and negroes devised to him by the will of his said Father, they, the said James Colleton, who is still continued a Judge of the said precinct, and the said Peter Colleton, did by their plea of April 15, 1701, insist that the said Sir John Colleton's writ and action against them ought to abate, for that the said James Colleton was by the said writ summoned to appear before himself, and he the said James Colleton gave judgment accordingly. By which unjust delays and proceedings James and Peter Colleton have ever since the death of Sir Peter, March 24, 1693, detained from Sir John the whole rents and profits of his Plantation to the value of 1,000l. per annum and upwards. And whereas it is wholly unreasonable that any person should either be Judge in his own case, or by being Judge in a precinct where matters in controversy between him and others do ly, be thereby enabled to obstruct the regular course of Justice, our will and pleasure is that the foresaid Order in Council of Sept. 26, 1699, be renewed in behalf of Sir John Colleton, and we do accordingly hereby direct and require you, the said Sir Bevill Granville to appoint some other impartial and disinterested person for the hearing and determining the matters in controversy between the aforesaid, and that you take especial care to give such other directions therein as may be effectual to remove all delay or obstruction of Justice in the said case. [C.O. 29, 8. pp. 273–278.]
Jan. 21.
St. James's.
216. Order of Queen in Council. Approving above, and ordering draught of Instruction to be prepared for H.M. signature and sent to Sir B. Granville accordingly. Signed, John Povey. Endorsed, Recd. Read Jan 26, 1702/3. ¾ p. [C.O. 28, 6. No. 92; and 29, 8. p. 283.]
Jan. 20.
Portsmouth.
217. Minutes of Council in Assembly of New Hampshire. Upon hearing the petition of Joseph Palmer for a rehearing of a cause tried before the L.-G. and Council in May last, between petitioner and John Redman, it appearing to this Board that that trial was had since H.E. the Governor was sworn before H.M. and Council, and the execution for the charge thereupon served since the Governor's arrival in this Province, a rehearing is granted to Palmer, he first discharging or securing to Redman satisfaction for the charges he now lies in prison for.
Mr. Ellott was excused the duty of 50s. due in exporting of boards out of this River, bona fide put on board before the Act of Impost.
Petition of John Partridge relating to money he laid out for subsistence and support of wounded souldiers was sent to the House of Representatives, who desired that it be laid before the next General Assembly of the Massachusetts Bay.
H.E. prorogued the Assembly till March 11th. [C.O. 5, 789. pp. 327, 328.]
Jan. 21.
Whitehall.
218. Council of Trade and Plantations to the Queen. In obedience to your Majesty's Order in Council, Nov. 11, relating to the despatch of your Majesty's Royal approbation of Andrew Hamilton to be Deputy or Lt.-Governor of Pennsylvania and annexed territories for one year only, we have required from William Penn the several previous conditions therein exprest, and having lately received from him a certificate of security [see Jan. 19], as likewise a declaration in Mr. Penn's hand that your Majesty's Royal approbation and allowance of the said Hamilton shall not be construed in any manner to diminish or set aside your Majesty's claim of right to the Three Lower Counties upon Delaware River; and also his answer to the four Queries some time since delivered to him, in order to the better settlement of that Province, we humbly represent that, in pursuance of the said queries and answer, we have under our present consideration the ascertaining of one currant rate or value of coin in your Majesty's Plantations on the Continent of America, and are further examining the pretentions and claim of Mr. Penn to the power of Government in the Three Lower Counties; and in the meantime do humbly conceive it absolutely necessary for your Majesty's service in those parts, and agreeable to the Charter granted to Mr. Penn, that in farther pursuance of the queries and answer aforesaid, all persons in Judicial or any other offices in Pennsylvania and the said Lower Counties be obliged before their entering upon any such offices, to take the oath directed by the Law of England, or the affirmation allowed by the said Law to Quakers, and that no Judge be allowed to sit upon the Bench, who shall not first take the oath of a Judge, or in lieu thereof the aforesaid affirmation, as directed by the Law of England; as likewise that all persons who in England are obliged and are willing to take an oath in any public or judicial proceeding, be admitted so to do by the proper officers and judges in Pennsylvania and the said Counties; and in default thereof, or in case the said Judges do refuse to administer the same, that their proceedings be declared voyd and null. And we farther humbly offer that your Majesty's pleasure herein may be signified to Mr. Penn and to the several Judges of your Majesty's Courts within those territories. We also humbly propose that, considering the uncertainty of the voyage to Pennsylvania, your Majesty would be pleased to direct that your Royal approbation of Hamilton be extended to May 1st, 1704. Signed, Weymouth, Dartmouth, Rob. Cecill, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat Prior. [C.O. 5, 1290. pp. 285–288.]
Jan. 21.
St. James's.
219. Order of Queen in Council. Approving above Representation, and ordering that all persons in juditial or any other office or offices in Pennsylvania and the Lower Counties, before their entering upon any such office, do take the oath directed by the Law of England, or the affirmation allowed by the said Law to Quakers, and that no Judge be allowed to sit upon the Bench, who shall not first take the oath of a Judge, or in lieu thereof the aforesaid affirmation as directed by the Law of England, as also that all persons who in England are obliged and are willing to take an oath in any public or judicial proceeding, be admitted so to do by the proper officers and judges in Pennsylvania and the Lower Counties, in default of which, or in case the Judges shall refuse to administer the said oath or attestation, H.M. is pleased to declare their proceedings, and they are hereby accordingly declared to be null and void, and William Penn and the Judges of H.M. Courts there, and all others whom it may concern are to take notice hereof and govern themselves accordingly. Signed, John Povey. Endorsed, Recd. 23rd, Read Feb. 25, 1702/3. 4 pp. [C.O. 5, 1262. No. 20; and 5, 1290. pp. 301–305.]
Jan. 21.
St. James's.
220. Order of Queen in Council. Upon the Representation of the Council of Trade, Ordered that H.M. approbation of Andrew Hamilton be extended to May 1st, 1704, and no longer. Signed, John Povey. Endorsed, Recd. 23rd, Read Feb. 25, 1702/3. 1 p. [C.O. 5, 1262. No. 19; and 5, 1290. pp. 299, 300.]
Jan. 21.
St. James's.
221. Order of Queen in Council. Duplicate of the two Orders preceding. [Cf. Penn's letter of Jan. 25.] Endorsed, Recd. Read Jan. 28, 1702/3. 2¼ pp. [C.O. 5, 1262. No. 21; and 5, 1290. pp. 291–293.]
Jan. 21.
St. James's.
222. Order of Queen in Council. Ordering that William Attwood, Thomas Weaver, Abraham Depeyster, Samuel Staats and Robert Walters, having been this day heard with their Council learned at the Board, be removed from their places in the Council of New York, and that the five other persons recommended by the Lord Cornbury be admitted. H.M. approves of draught of Instructions for Lord Cornbury (see Dec. 31, 1702), and orders the same to be prepared for H.M. signature. Signed, John Povey. Endorsed, Recd. Read April 5, 1703. 1 p. [C.O. 5, 1084. No. 19; and 5, 1119. pp. 451, 452.]
Jan. 21.223. Duplicate of preceding. Endorsed, Recd. Read Jan 25, 1702/3. [C.O. 5, 1084. No. 20; and 5, 1119. pp. 346, 347.]
Jan. 21.
St. James's
224. Order of Queen in Council. Whereas H.M. did this day hear Council learned in the Law on behalf of Col. Nicholas Bayard and Alderman John Hutchins, inhabitants of the Province of New York, touching accusations and prosecutions for treason and misdemeanour objected against them, respectively, in the said Province, upon which they have been indicted and convicted, and had sentence of death and forfeiture and other pains and penalties past upon them, as in cases of High Treason and misdemeanours, for offences pretended to be committed against an Act of Assembly made in the 3rd year of the late King William of Blessed Memory; and William Atwood, Esq., who sat as Chief Judge at the said tryall and gave Sentence therein, as likewise Tho. Weaver, who prosecuted the said persons as Solicitor General, having been also heard by themselves and learned Council at the Board; H.M. having considered the said matter, and being sensible of the undue and illegal prosecutions against the said Bayard and Hutchins, was graciously pleased with the advice of the Privy Council to order, as it is hereby ordered, that Governor Lord Cornbury do direct H.M. Attorney General to consent to the reversing the sentence and sentences given against Col. Bayard and Alderman Hutchins, and all issues and proceedings thereupon, and to do whatsoever else may be requisite in the Law for reinstating the said Bayard and Hutchins in their honour and property, as if no such prosecution or trial had been. Signed, John Povey. Endorsed, Recd. Read Jan. 25, 1702/3. 1 p. [C.O. 5, 1084. No. 18; and 5, 1119. pp. 345, 346.]
[Jan. 21.]225. Major Wm. Vaughan, Agent for New Hampshire, to the Council of Trade and Plantations. The General Assembly, having represented to Col. Dudley that the dimensions sett by his late Majesty for masts at 24 inches would be a very great prejudice to them by taking away from them most of their timber, which is fit only for deals and planks, and desiring the dimensions may be altered to 32 inches, the Agent begs your Lordships' intercession with H.M. in that matter.
The said Province by reason of the present war lies very much exposed to their enemies, and forasmuch as H.E. Col. Dudley hath given your Lordships an account that Fort William and Mary, which is the only fortification in the Province, is insufficient, and the carriages and platforms unserviceable, and that the country by reason of their poverty are not able to repair them, and for want of stores are not in a condition to make any defence, the Agent desires that for the preservation and security of that and the neighbouring provinces your Lordships would make such Representation thereof that they may obtain from H.M. such speedy supplies of powder and other stores as may enable them to defend themselves against any insult that may be made upon them by their enemies, there being now a convenient opportunity of shipping for New Hampshire, with whom he designs to embark. He further represents that such of the inhabitants of Kittery in Maine as lie below Spruce Creek on the other side of Piscataqua River may be obliged to contribute their assistance of men towards the defence of Fort William and Mary and the country about it (as it had been formerly ordered in the first Government of the Massachusetts), in regard that the said inhabitants enjoy the benefit and advantage of the protection of the said Fort, as well as those of New Hampshire, being opposite to the Island on which the Fort stands, and are nearer thereto than those of New Hampshire.
He is informed that some persons have applied for a Charter under pretence of furnishing H.M. with Naval Stores. Such a Charter would tend to the utter ruin and undoing of the inhabitants of that and the neighbouring Provinces; he therefore hopes your Lordships will not suffer the country to be surprised in a matter of such great concern to them, nor permit any farther proceedings to be had towards such a charter, till he can inform the Province thereof, and they send their objections. He entreats the Board to intercede with the Queen as to the Governor's present of 250l. Prays that the Board give directions relating to the Laws of the Province lately transmitted. Signed, Wm. Vaughan. Endorsed, Recd. Read Jan. 21, 1702/3. 2½ pp. [C.O. 5, 862. No. 147; and 5, 910. pp. 367–371.]
Jan. 21.
Whitehall.
226. Journal of Council of Trade and Plantations. Upon the motion of the Lord Bishop of London, the Board took into consideration the Act passed in the Assembly of New York, Oct. 26, 1700, intituled an Act for declaring the Town of East Chester a distinct parish from West Chester etc., and gave directions for preparing a Representation to be laid before her Majesty for the repealing thereof.
Representation upon H.M. Order in Council, Nov. 11, relating to her royal approbation of Col. Hamilton etc., signed.
Memorial from Mr. William Vaughan, Agent for New Hampshire, read, and ordered to be taken into consideration together with what Col. Dudley has writ upon any of those subjects.
Letter from Col. Beckford, Lt.-Gov. of Jamaica, Sept. 22, read, and six Acts of Jamaica therewith transmitted laid before the Board. Ordered that the former letters received from Col. Beckford, which have not yet been answered, be laid before the Board for their Lordships' directions in order to an answer.
Jan. 22.Their Lordships gave directions for preparing draughts of letters to the Lord Cornbury and Col.Dudley. [C.O. 391, 15. pp. 382–384; and 391, 97. pp. 57–61.]
Jan. 21.227. Journal of Assembly of Barbados. [See Minutes of Council in Assembly under date Jan. 19th.]
Resolved that the souldiers be billeted for a month longer, and that it be enacted that the vestries of the parishes have the view of the souldiers to be billeted, and that there may be a due proportion as to the manner of billeting, and the inhabitants be equally burthened. Resolved that this House address for regular troops to be sent hither from England.
Samuel Cox's petition referred to a committee.
Bills for continuing the billeting of the Queen's soldiers read.
Bill for raising a levy to discharge the public debts read a third time.
Put to the vote whether the brigantine Lark shall be sold or fitted out for the service of this Island. Carried in the negative [sic].
Ordered that William Grant take care of her, and perform and direct whatsoever shall be necessary therein.
Committee appointed to examine several money petitions. [C.O. 31, 7. pp. 32–35.]
Jan. 22.228. Minutes of Council in Assembly of Jamaica. Bill to prevent the resettling of Port Royal, sent up, was read and ordered to be laid upon the table for a full Council. Ordered that the Clerk write to the absent Members to be here to-morrow morning by 7 of the clock.
Jan. 23.The above Bill was read the first time, passed and committed.
Ordered that, persuant to the Resolutions of the Governor, Council and Assembly for establishing of Kingston as the best place for the seat of trade and preservation of H.M. subjects sufferers by the late dreadful fire on Port Royal, one out of every twenty negroes or slaves in the parish of St. Andrews be immediately sent down to Kingston to build huts for them, and that the poor people be subsisted there with provisions by the Commissioners, and 'tis ordered that the Justices of St. Andrews take care the same be effectually done, and also that such cattle and carriages as shall be adjudged necessary be impressed for carrying materials for that purpose. [C.O. 140, 6. pp. 428–430.]
Jan. 22.
Portsmouth.
229. Minutes of Council of New Hampshire. Upon petition of the Owner or claimer of the sloop Successe, now under seizure, Robert Mitchell, Master, to have said apprized etc., ordered accordingly, and that the owners may have her, they first depositing the value of the apprizement in money into the Deputy Collector's hands. [C.O. 5, 789. p. 134.]
Jan. 23.
St. Christophers.
230. Governor Codrington to [? the Earl of Nottingham]. Your Lordship will be surprized, I believe, when I inform your Lordship 'twas the 20th at night before I heard of any ships or forces arrived in the Indies, two fregates and some transport ships are come down as low as this Island, and I have a letter from Commodore Walker that he is following, wch. gives me a great disturbance, for 'twill be very difficult and perhaps impossible to make the fowl heavy merchantships, who have soldiers and provisions on board, turn up to Windward again. Had the Commadore given me notice from Barbados, I wo'd have order'd him to fall no lower till I had harassed the Leeward side of Guardeloupe with my Creoles in light sloops and brigantines, and then falling on their town and fort with H.M. forces, I should have gained and destroyed the whole Island before I can now get to it—and then have been able to attempt something else. My Lord I shall do myself the honour to write to your Lordship again more fully in four or five days from Antigua. There shall not be a moment lost in H.M. service, and as soon as I have closed this, and dispatched away the homeward-bound ships, I shall send away my orders to the several Islands. Signed, Chr. Codrington. Endorsed, R. March 15, 1702/3. 2 pp. [C.O. 239, 1. No. 4.]
Jan. 23.231. Duplicate of above. [C.O. 239, 1. No. 4.i.]
Jan. 23.
St. Christophers.
232. Governor Codrington to William Popple. I have received the favour of your letter, for which I give you my very hearty thanks. I shall be always glad of the friendship of so good a man. I have also received the honour of a letter from the Lords, and a much kinder than I had a right to expect. I fear I have sometimes exprest myself with too much warmth and too little respect, which I hope their Lordships will not only pardon, but forget. It was not reasonable their Lordships should share in the effects of my ill humour, but if 'twere possible their Lordships could be thoroughly sensible of the barbarous usage I have met with, they would rather pity than be angry with me. The least part on't is that two or three monsters who owed not only their bread but very good fortunes to my father's bounty, conspired to cheat me of 7 or 8,000l. at least, and then occasioned the complaints against me. I should have before now given the world a full and particular answer to every article against me, but I was still in hopes of a furlow, and intended to do it at my arrival in England. My reputation still requires it, and when I am at leisure after this summer's business is over, I shall probably trouble my friends with a more particular account than they have yet had, and then 'tis likely Mr. Freeman will be angry in his turn. Sir, the Lords mentioned some alterations in the Councils to me. I have added two in Antigua, of which I gave the Lords an account,—but I find that that letter with a great many others of mine are missing—and I have removed Mr. Clayton into the Council of St. Kitts, where he lives. Into whose place at Mountserrat, I have put Major Dawly very lately. I shall name some to your Lordships in my next tho' I had rather any one else were to do it, for a reason I won't give, because it would appear very ill-natured. I have not heard anything concerning our good friend Mr. Lock. I hope he is employing his time for the good of mankind and posterity; the subject he has sometimes talkt of to me, the Conduct of humane Reason, can only be treated by himself or Father Malebranche, as it ought to be. I beg you'l please to give him my most humble service. I have had two hundred letters to answer within these two days, and therefore do not write to the Lords, because I am in too great a hurry to write so calmly and particularly as I should. I embark to-morrow for Windward, and hope by the first ships to give you a good account of myself, tho' the falling down of the heavy transport ships so low as this Island will cause some delay and some difficulties, which needed not have been. Signed, Chr. Codrington. Endorsed, Recd. Read March 15, 1702/3. Holograph. 3 pp. [C.O. 152, 5. No. 16; and 153, 8. pp. 140–143.]
Jan. 25.
Whitehall.
233. Journal of Council of Trade and Plantations. Draughts of letters to Governor Lord Corn bury, Governor Dudley, Governor Nicholson, the President and Council of Maryland, and Governor Codrington were agreed, and ordered to be transcribed.
Order of Council of Jan. 21, concerning Col. Bayard and Alderman Hutchins, read.
Order of Council, Jan. 21, approving Representation of Jan. 3, read.
Order of Council, Jan. 14, approving Representation of Jan. 13, read.
Order of Council, Jan. 21, approving Representation of Jan. 20, read.
Order of Council, Jan. 18, upon Representation of same date, read.