America and West Indies
October 1703, 11-15


Institute of Historical Research



Cecil Headlam (editor)

Year published





Comment on this article
Double click anywhere on the text to add an annotation in-line

Citation Show another format:

'America and West Indies: October 1703, 11-15', Calendar of State Papers Colonial, America and West Indies, Volume 21: 1702-1703 (1913), pp. 720-744. URL: Date accessed: 24 April 2014. Add to my bookshelf


(Min 3 characters)

October 1703, 11-15

Oct. 11.
New York.
1132. Captain Nanfan to the Council of Trade and Plantations. I have twice made my application to your Lordships praying redress by way of letter, the one dated October 5, 1702, the other May 27, 1703, wherein with all brevity I have endeavoured to lay before your Lordships the difficulties imposed on me, by and thro' the means of my Lord Cornbury, my last told your Lordships I was clapt in goal for the protested Bills of Exchange returned hither, and occasioned so protested thro' my Lord Cornbury's means by his Lordship's taking up the money and misapplying it by and appropriation of it to his own use instead of paying the Bills drawn, when the Officers and soldiers by that money taken up here were weekly subsisted, but this your Lordships having been so long and well apprized of I will forbear to proceed on that subject and avoid repetition but I must humbly lay before your Lordships that I am yet in prison for that moneys, and God knows when shall be discharged without positive orders from England. My Lord, the separating me and my family, has, is, and will be very destructive, with the vast expence I have been at already and must be put to, the loss of my time to improve my own small fortune (since what I had from the Crown is taken from me), the blasting my reputation abroad, the confinement of my person in prison here, just so soon as my bread by my Company was taken from me without any reason assigned, confirms me in the said opinion I was of in my last to your Lordships, that I am intended a sacrifice, therefore I most humbly pray your Lordships that such care may be taken for my redemption, as a free born Englishman ought to have, and that I may by a mandamus be commanded for England, there to defend my administration, or whatever may be objected against me, or that such positive orders may be sent, to permit me to go on my lawfull occasions, saving harmless myself and all my securitys for the above mentioned debts contracted for the payment of the soldiers, and that my Lord Cornbury may be obliged, as he has misapplyed that very money, to make it good to the creditor, with the charges that his Lordship has occasioned to accrew on that account, and which his Lordship, as I am given to understand, intends to throw on me as drawer, his Lordship being at present in a station above the law, or any other means for me to procure satisfaction from him. Signed, John Nanfan.
P.S. —My accounts are allowed right with a great ballance to me, and yet I am kept on them bills in goal altho' my Lord Cornbury publickly owns to have received the moneys in England. Endorsed, Recd. Dec. 23, 1703, Read March 10, 170¾. Holograph. 3 pp. Annexed,
1132. i. Abstract of preceding. 1 p. [C.O. 5, 1048. Nos. 68, 68.i.; and (without abstract) 5, 1120. pp. 85–87.]
Oct. 11.
1133. Journal of Council of Trade and Plantations. Ordered that a copy of Col. Nicholson's letter relating to the death of Mr. Randolph be sent to Mr. Sansom.
Ordered that Sir B. Gracedieu and Sir Gilbert Heathcote be invited to attend on Wednesday on the affairs of Jamaica.
Oct. 12.Letter from Mr. Dummer, Oct. 12, read.
Their Lordships took into consideration the Act of Jamaica relating to Kingston. Ordered that a copy of it, and of petitions for and against be sent to Mr. Burchet for the information of H.R.H.
Case of the Officers at Jamaica considered and directions given for a Representation upon it.
Oct. 13.The merchants and planters concerned for and against the Kingston Act attending, Sir Gilbert Heathcote and those for the Act further explained as follows: In relation to the Leeward or Westward Channel into Kingston Bay, it is not indeed ordinarily used, but may be made use of upon occasion and lies out of the reach of the guns at Port Royal. Port Royal is of so little defence to H.M. ships in those parts, that when Admiral Benbow was there, and under some apprehension of being attacked by M. Chateau-Renaut, it was agreed at a Council of War to retire for safety into Kingston Harbour. Port Royal is no defence to the Islands, which in truth can only be defended by strength of shipping superior to that of an enemy. In case of an attack, it was always the opinion of the Council that the houses must be pulled downe; and that even without an attack it might be easy for an enemy, with a very smal force, to intercept their water, and force them to surrender. For which reasons these Gentlemen declared their opinion (and more especially Col. Lawes his) that the fortifications there ought to be demolished. If Port Royal is made the seat of Trade, the place is so very little that the charge of lodgings must be intollerable to seamen and other labouring people that must inhabit there, and so make all charges excessively dear and burdensom. Kingston Harbour is capable to contain the greatest Fleet that can be sent thither, and a little Block-house with 20 guns, at a place called the Middle Ground, and a platform of 10 or 12 guns at the Salt Pond would make it very secure. They asked that the Act be confirmed.
The Gentlemen on the other side communicated to the Board another petition which they had received from Jamaica last night, and would lay before H.M., and observed that it is signed by 7 of the Council and 13 of the Assembly, adding that there were great complaints in the Island of the heat wherewith that Act was carried on and obtained, and that divers, who had first been for it, were now convinced of their error, and desired it might not pass. They added to their former petition, that the Act is injurious to the property of great numbers of people; that the pretended hazard that Port Royal might be in of having their water intercepted may easily be prevented by a few guns on a platform, which may command the ordinary channel that leads thither; that it is true the maintaining of the Fort there will necessarily require the keeping up of ye town; that the notion of destroying that Fort is new here in London, and never thought of in Jamaica; that the seafaring men are all desirous that Port Royal may be resetled; that the ground is capacious enough to contain habitations for them, and may be further enlarged by gaining with piles (as in Holland) upon the sea; that one great reason of their averseness to Kingston is its unhealthy air, which has always occasioned much sickness in that place; that 400 people have died there since the burning of Port Royal; that in effect a great many of their seamen, partly upon this occasion, and partly upon the alarm they took upon Admiral Graydon's pressing men at his departure, have already left the Island; that the Western Channel to Kingston is very hazardous, and that they have newly received advice of 4 ships being lost in that Harbour. They added divers other things, and concluded with their desire that the Acts may be rejected and the people left in the same circumstances as formerly, to build and settle as they think fit.
Capt. Gardner, Agent for the soldiers at Jamaica, together with Capt. Howard, and officer lately come from thence, were called in, and the case of the Officers read and compared with the late Act for their additional subsistence. Whereupon it being observed to the forementioned concerned in the affairs of Jamaica, that tho' there be provision made for lodging or paying the common soldiers 5s. per week for one year, yet it being at the choice of the inhabitants either to lodge or pay that mony, there ought to be some more direct and positive provision made for their lodging lest some should not be able to procure lodging with their 5s. And that as for the officers, it seemed a hardship to those of superior degree, that no consideration should be had of them more than of an Ensign. Whereupon those Gentlemen replyed that the town of Port Royal having formerly born ¼ part of the charge of this service, the Island could not now contribute so much as was done before the burning of that place; and that they had lately recd. letters from thence expressing that ye Assembly had done as much as was possible for them in this occasion; nevertheless they all concurred that the shortness of this Act, in reference to the common soldiers, ought to be amended, and that the officers ought to be made easy, and thereupon promised to write to their correspondents to dispose the Assembly to make some further provision in this matter. Their Lordships then gave further directions for preparing a Report upon the case of the Officers wherein to set forth the abstract of that case and of the Act and to propose that barracks be built for the officers and soldiers to lodge in, under the discipline established in Ireland, and to offer that H.M. would be pleased to direct the Lieut. Govr. to recommend to the Assembly to make further provision for the soldiery. [C.O. 391, 16. pp. 213–222; and 391, 97. pp. 585–598.]
Oct. 11.1134. Journal of Assembly of Jamaica. Bill for settling and continuing H.M. Revenue read the first time.
On debate concerning Capt. Thomas Freeman's continuing to absent himself from the service of the country in the House, resolved that he be sent for in custody of the Messenger by the Speaker's warrant.
Bill for making the Cay whereon H.M. Forts Charles and William stand a Port of Entry read and past the first time.
Oct. 12.Revenue Bill read the second time. Resolved, that the title be "An Act for raising a Revenue to H.M., her heirs and successors, for the support of the Government of this Island, and for maintaining and repairing H.M. Forts and Fortifications."
Bill for the better collecting H.M. Quit-rents read the first and second times and ordered to be engrosst.
Bill for making the Cay etc. a Port of Entry read a second time and ordered to be engrossed.
Oct. 13.The above Bill was read a third time.
Thomas Braggs and Thomas Cox not attending the service of this House, resolved that they lie under the censure of the House.
Bill for raising an Additional duty and impost read a first time. [C.O. 140, 7. pp. 126–130.]
Oct. 12.
1135. William Popple to Josiah Burchett. The Lieutenant Governour, Councill and Assembly of Jamaica having past an Act "to invest H.M. in land in Kingston" etc., whereby it is enacted that Port Royal, which was before the late fire the cheif town of trade, be no more a town or parish, that its priviledges be taken away, that all ships shall load and unload hereafter at Passage Fort, and that Kingston be the seat of trade (which Act is referred by H.M. to the Council of Trade and Plantations, in order to her Royal assent or dissent), their Lordships in consideration that Jamaica is the cheif resort of H.M. ships of warr in the West Indies; and that the resolutions taken in this matter will very much concern the navigation of England; have ordered me to send you the enclosed copies of the said Act, and of the papers relating thereunto to be laid before the Prince as Lord High Admiral for H.R.H. information. And doe pray H.R.H. opinion therein, for their better guidance in the Report, which they are required forthwith to make unto H.M. [C.O. 138, 11. pp. 39–41.]
Oct. 12.
1136. William Popple to John Sansom. The Council of Trade and Plantations have ordered me to send you the inclosed copy of a letter wch. they have lately received from Governor Nicholson relating to the death of Mr. Randolph, that the same may be laid before the Commissioners of H.M. Customs. [C.O. 5, 1360. p. 434.]
Oct. 12.
Coleman Street.
1137. E. Dummer to Mr. Popple. The King William arived in Mounts Bay the 8th, bringing the Letters in two mails. She was chased in there by two large ships. The following is the account of time out and home:—
Sail'd from Falmouth 30th June, 1703; came to Barbadoes 1st Aug.
Sail'd from Barbadoes 3 Augt., 1703; came to Antegoa 7 Aug.
Sail'd from Antegoa 8 Augt., 1703; came to Mountseratt.
Sail'd from Mountseratt 11 Augt., 1703; came to Nevis 11.8 a.m.
Sail'd from Nevis 12 Augt., 1703; came to St. Xtopher's 12.
Sail'd from St. Xtopher's 13 Augt., 1703; came to Jamaica.
Sail'd from Jamaica 27 Augt., 1703; came to Mounts Bay.
This time amounts to 99 days just.
All the advice of moment I have is that the Barbadoes Fleet (and those from the Charibbee Islands which are a considerable number coming under convoy of the Coventry, Kingsale and Maidstone) were designed to come away from Barbadoes about Aug. 7th or 8th. That Island is sickly and it is said hardly one in three ships escape the French Privateers.
From Jamaica they say the saylors are all gone to Curacoa, but they have made an order of Government to encourage them to come back. Signed, E. Dummer. Endorsed, Recd. Read Oct. 12, 1703. Addressed. 1 p. [C.O. 323, 5. No. 18; and 324, 8. p. 259.]
Oct. 12.1138. Minutes of Council of Barbados. 18l. 15s. paid to Alexander Skene for administering 300 oaths to masters of vessels.
Petition of John Goby Attorney to Lewis Middleton, master of a sloop, to be reimbursed for importing 55 English prisoners whom he found in miserable condition at Martinique, in exchange for French, referred to a Committee.
48l. 14s. 6d. paid to Thomas Hollard for work done to the fortifications.
25l. sterl. paid to Geo. Wilshire for a negro woman executed for robbing him. [C.O. 31, 8. pp. 122, 123.]
Oct. 12.1139. Journal of Assembly of Barbados. Petitions of Robert Yeomans (Oct. 5) considered with evidence and dismissed.
Resolved that when H.E. pleases to rent any Plantation, this House will become security for the payment of the rent.
600l. voted to reimburse H.E. several sums of money for intelligence in relation to the security of the Island and receiving the Flaggs of Truce, and also his servants being sick and not having a house provided to place and maintain them, towards this expence.
Resolved that the duty of liquors for H.E. be remitted to him. These votes sent up. [C.O. 31, 7. pp. 115–118.]
Oct. 14.
Custome house, London.
1140. Mr. Sansom to Mr. Popple. I have communicated to the Commissioners your letter 12th inst., and am directed to acquaint you that this Board has had long experience of the ability and desert of Col. Quarry, and had so good an esteem of his services relating to this Revenue, that before the receipt of your letter, they had resolved to present him to that imployment, and accordingly a presentment is lodged at the Treasury Chambers against my Lord Treasurer comes to towne. Signed, Jno. Sansom. Endorsed, Recd. 18, Read Oct. 20, 1703. Addressed. ½ p. [C.O. 5, 1313. No. 32; and 5, 1360. p. 435.]
Oct. 14.
1141. Journal of Council of Trade and Plantations. Upon further consideration of the Kingston Act, ordered that the Secretary write to Sir Gilbert Heathcote and to Sir Bar. Gracedieu.
Representation upon the Act for subsistence of soldiers at Jamaica read.
Oct. 15.Sir Bartho. Gracedieu, with Mr. Way, Mr. Mason, Capt. Burrowes, Commander of a ship using the Jamaica trade, and Mr. Egon [Egans], who left that Island May 26, attending, the latter declared that when he came from thence there were about 40 or 50 houses built at Port Royal, but not above 2 or 3 at Kingston, since the passing of the Act for the setling the seat of trade there. Capt. Burrows said that there is no good anchorage about Kingston, and that the sea-breezes there are very injurious to the health of the seamen, and also hinder them from working a great part of the time in wch. they may work at Port Royal. Mr. Way laid before the Board extracts of 3 letters from Jamaica, from Col. Beckford, Col. Knights and John Rayner, complaining of the said Act, and particularly of the unhealthyness of Kingston. He also said that they had account that the ground on which the town of Port Royal lately stood, including the Fort, has been lately measured to contain 43 acres. Sir Bartho. Gracedieu promised to bring a more perfect account in writing of what has been done in execution of the late Act, according was desired [sic] by the foresaid letter. Their Lordships acquainted him that what relates to the sea and ships of war has been laid before H.R.H. for his consideration, and ordered that Sir Gilbert Heathcote be also acquainted with the same, that both sides may attend the Admiralty therein, as they think fit.
Representation upon the case of the forces at Jamaica, signed and enclosed to Lord Nottingham.
Ordered that copy of the Kingston Act be sent to Mr. Lowndes. [C.O. 391, 16. pp. 223–226; and 391, 97. pp. 601–607.]
Oct. 14.1142. Minutes of Council [in Assembly] of Bermuda. The Assembly sent up their reply to the letter of the Council of Trade referred to Oct. 4. As to the Liquor Tax made in Col. Day's Government, they pray that the members of that Assembly, with such others as shall be thought necessary, may be examined on oath of their knowledge by this Board, and such examinations be annexed to a copy of the said Liquor Act now on Record with the votes of that Assembly preceding that Act. As to an indefinite Act for raising of money for support of these Islands, the Assembly cannot make an indefinite Act for raising of money without great prejudice to H.M. subjects in these Islands.
The Board approved of the proposed examination, and desired the same may be expeditiously done. As to the Indefinite Act, this Board have deliberately considered H.M. Instructions to H.E. in that matter, and the letter of the Lords Commissioners of June 18, (and) are unanimously of opinion that H.E. cannot vary from or dispense with them, but must inviolably observe and pursue the same.
Oct. 15.Upon reading the several petitions this day exhibited by Capt. Matthew Newnam on behalf of Thomas Gibbes and Anthony Peniston, jr., praying to be relieved in the several suits by Col. Samuel Day now depending by way of Appeal in this Court, and upon reading H.M. Order for permitting Col. Day to return to England etc., it is the unanimous opinion of this Board that no suit ought to be prosecuted against the administrators of Col. Day in these Islands, they being only in trust for Sir Thomas Day; and that the persons aggrieved in the matters above may redress themselves by stating their cases and transmitting them to England, this Board being willing to assist in recommending the same for H.M. directions therein.
Capt. Brooks' Bill for 5l. 11s. 4d. was passed. [C.O. 40, 2. pp. 56, 57.]
Oct. 14.1143. Journal of Assembly of Jamaica. Bill for raising an additional duty read a second time and ordered to be engrosst.
Committee appointed to examine the Receiver General's accompts.
A motion that a Bill may be brought in to encourage the importation of white men, was negatived.
Revenue Bill read the third time.
Quit-Rent Bill read the third time.
Additional Duty Bill read the third time.
Oct. 15.See Minutes of Council in Assembly under date.
Robert Nedham had leave to be absent upon extraordinary occasions of his.
Committee appointed to bring in a Bill to encourage the importation of white men. The Bill was brought in and read a first and second time and ordered to be engrosst.
The House obtained the Governor's leave to adjourn till Tuesday. [C.O. 140, 7. pp. 130–133.]
Oct. 14.
1144. Minutes of Council of the Massachusetts Bay. H.E. being returned this week from Piscataqua, intimated his having sent forth 360 souldiers under Lieut. Col. March to visit the settlement of the Indian rebels at Pigwockett, but that by reason of the troubles with the Indians for about 15 years past, the way thither had been discused, and for want of burning the woods, they were so much overgrown and had so altered the forme of the land, that the Guides were bewildred and could not find the Path, and the forces were obliged to return, their provisions being expended. He had formed a second expedition to that place by another way, more easy to be found, tho' somewhat further about, who were ordered to set forth yesterday. He had armed two sloops to cruise along the coast as far as St. Croix, to make what spoyle they could upon the enemy, the rest of the forces being posted at Casco Bay, and on the frontiers.
8l. 15s. paid to Jonathan Barnes of Plymouth for billeting of souldiers, Aug. and Sept. last. [C.O. 5, 789. p. 538.]
Oct. 14.
New York.
1145. Journal of Assembly of New York. Andrew Dow took the oaths and signed the Test.
The Governor summoned the Assembly to attend him at Fort Anne, and addressed them:—I am sorry the season of the year is so far advanced that you cannot have so much time for your deliberations as I would wish, because there are many things that will in due time require your consideration, the providing a sufficient fund for the paying such a number of men as may be necessary to be sent to Albany for the defence of the frontiers this winter: the number I think necessary 130, with their officers, including the outscouts. I should have desired a greater number, but that I consider the condition of the Province at this time, therefore I am willing to make the charge as little as possible, but I must recommend it to your care to provide such a coertion in your Bill as may be effectual for the bringing in the money, by the time you shall think fit to appoint, else I am afraid people will be as backward in their payments as they have been in the 1,800l. tax, which is not yet all paid, though the time appointed was March 25 last. If anything occurs to your thoughts for the good of this Colony, you shall always find us ready to concur, etc. The Great Queen of England, my Mistress, has been pleased to ease this Province of a burthen which by custome has long lain upon it, that of presents to the Governors, etc. I desire you to give all possible dispatch to matters before you, for I am obliged upon the Queen's service to be at Amboy at the very beginning of next month." H.M. Letter of April 20 was entered in the Journal of the House.
Oct. 15.Resolved that 1,300l. be raised for paying 130 men, etc., to be sent to Albany for the defence of the frontiers.
Address to H.E. agreed upon.
Oct. 16.Bill to raise 1,300l. read a first time. [C.O. 5, 1185. pp. 100–103.]
Oct. 15.
1146. William Popple to William Lowndes. The Council of Trade and Plantations desire the opinion of the Commissioners of Customs, as to the Act of Jamaica for transferring the seat of trade to Kingston, so far as may relate to H.M. Revenue of the Customes. Copy of the Act enclosed. [C.O. 138, 11. pp. 41, 42.]
Oct. 15.1147. Ja. Egans to the Council of Trade and Plantations. In answer to your Lordships' commands how far the Laws at Jamaica for settling the seat of Trade etc. have been put in execution, I say that many persons settled at Kingston and began to build houses there, and at the end of May there were 9 or 10 houses almost finished, but that in expectation of the resetling Port Royall most people desisted. Mr. Chaplin, Hutchinson, Puckle and many other merchants and others resided on Port Royall, and had and were building houses and warehouses there, about forty whereof were finished and four or five taverns kept, and wine sold, and one Johnson, a butcher, and others killed and sold meat there. Before the fire, Port Royal and Kingston were both Ports of Entry, but since the fire the offices for entring and clearing ships being kept at Kingston only, all ships have entered and cleared there. Signed, Ja. Egans. ¾ p. Annexed,
1147. i. Sir Bartho. Gracedieu and others to the Council of Trade and Plantations. After the Earthquake in 1692 Kingston was made a Port of Entry with equal advantages as port Royal, since which a very few ships of small burthen depending on Messrs. Heathcotes (and we veryly believe these only) have gone up to and entred at Kingston only, but almost all ships have entered, discharged, loaded and cleared at Port Royal only, and never went to Kingston, but when compelled by utmost force and necessity. The ships of war always have and (tho' the Forts should be demolished as the sticklers for these unreasonable Laws desire) always must ride in Port Royal harbour, Kingston being unsafe to goe to, and ride in, and so seated that they can't come thence but at great hazard, much charge and the expence of several days' time. Since the fire many very considerable persons for trade and estate do still live on Port Royal, and have laid out great sums of money and built many good houses for their accommodation and health. The unjust means made use of to procure these violent and oppressive Laws, and to deprive so many poor widdows and orphans of their naturall property to so great vallue as above 13,000l. an year ground rents, hath forced many seafareing men to leave the Island, and raised such heats and animositys as will (we fear, if not prevented) produce dismall effects. We are humbly of opinion that nothing can quiet the minds of the people there, or secure H.M. Island but the rejecting of those violent Laws, and suffering Port Royal to be a place of entry, as well as Kingston, as it hath always been, to the health, safety and satisfaction of trade thither. Pray the Board to advise H.M. that these Laws may be rejected. Signed, Bartho. Gracedieu, Benj. Way, Ste. Mason. 1 p. The whole endorsed, Recd. Read Oct. 18, 1703. [C.O. 137, 6. Nos. 10, 10.i.]
[Oct. 15.]1148. Extracts of Letters from Jamaica complaining of the Kingston Act.
(a) Col. Charles Knight to Benjamin Way. Aug. 26, 1703. The rents of Port Royal was worth the day of the fire 27,000l. per annum. Instead of a brief that is customary amongst Christians for the relief of their brethren, they endeavour to destroy what the fire left, notwithstanding moneyed men would have rebuilt the town one half for the other, so that the poor inhabitants would have had in a year or two 13,500l. per annum coming in and living in health in all probability, but now are starving and great numbers of them in their graves at Kingston, where they are forced by the Law, altho' that place heretofore was almost deserted for its unhealthyness, and will in a little time swallow up the greater part of the remainder, if they cannot remove to Port Royal, etc. Copy. ¾ p.
(b) Col. Peter Beckford to Sir B. Gracedieu, July 7, 1703. We are now in such a condition that I cannot think it advisable to discover how many men and the best of them has left us, since those violent hasty Laws past, that takes away the freeholds of so many able men that supported Port Royal and manned H.M. fortifications there. The owners of sloops etc. that were manned out against our enemies were inhabitants and freeholders of Port Royal, and rather than be forced from their freeholds to that place of Kingston, which they have already experienced to be unhealthy, inconvenient, tedious and very chargeable, most of them have left and the rest will follow. Copy. ¾ p.
(c) John Rayner to Jos. Paice. Port Royal, Aug. 28, 1703. We have had two judgments on us, and believe ye latter has been the worst, that of Port Royal's being burnt and the great sickness that has been at their free Port Towne, Kingston. 'Tis so sickly that when I have went their of a morning, have heard the bell toule six times before I put a peice of bread in my mouth; people are taken sick one day and buried the next. If Port Royal be not a free port, we'll all come off and leave ye Kingstown men to defend it. There has been no less then three vessels sunk and overset in ye Harbour by gust of wind, ships going and coming from thence continually running aground, the channel being so narrow. Copy. ½ p. The whole endorsed, Presented to the Board by Mr. Way. Recd. Read Oct. 15, 1703. [C.O. 137, 6. Nos. 10.a., 10.b., 10.c.]
Oct. 15.
1149. Council of Trade and Plantations to the Earl of Nottingham. Enclosing following Report to be laid before H.M. As to the Act relating to Port Royal and Kingston, we have several times heard the most eminent merchants and planters of Jamaica now here upon that subject, and have laid before H.R.H. the Lord High Admiral the consideration of what may relate to H.M. Fleet and the sea for H.R.H. opinion, upon receiving whereof we shall be ready to lay before H.M. our humble Representation therein. Signed, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. 1 p. Annexed,
1149. i. Council of Trade and Plantations to the Queen. In obedience to your Majesty's Order in Councill of Sept. 19 last, we have considered the petition of the officers of Col. John Livesay's and Col. Thomas Handasyd's Regiments, now quartered in Jamaica. We have likewise considered the Act of Assembly therein mentioned, whereby it appears that 17,000l. had been raised for payment of publick debts and subsistence of soldiers; and by the said Act provision is further made for allowing quarters to all officers and soldiers for one year, or in lieu thereof for paying unto each officer 10s. and to each private soldier 5s. per week, which allowance to Officers we humbly conceive to be too small in those parts, and that they may deserve a better provision. And whereas by the said Act 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; by which means the soldiers receiving this money mispend it to the ruine of their health, and are frequently left without quarters; we humbly offer that letters be writ by your Majesty to the Lieutenant Governour and Councill of Jamaica that they recommend to the Assembly in your Majesty's name the case of the said Officers; and that a clause be inserted in a future Act by which quarters may be better secured to the soldiers, and the forementioned inconvenience prevented. We being further informed by several Planters and Merchants lately arrived from Jamaica, that considering the destruction of the town of Port Royal by the fire, which town alone did formerly bear ¼ part of that charge; and being otherwise sensible of the inconveniences your Majesty's Forces in those parts lye under for want of a due care taken of them, which occasions a great mortality amongst them, and renders them in a great manner unfit for service, we humbly take leave to propose to your Majesty, that barracks be built there in proper places, wherein (as in your Majesty's kingdome of England), the Officers and soldiers may be lodged, under the like, or such other regulations as may be proposed, which will not only be a great ease to the inhabitants of that Island, but keep those Forces, which are now too much dispersed, in a greater readiness for service. And whereas the provisions which the Officers and soldiers are now forced to purchase at dear rates, by the exactions made upon them, may be more easily supplied from Carolina, and your Majesty's more Northern Plantations, in case an Agent be appointed for victualling of them at the best rates, whilst they shall be thus lodged in the barracks, we humbly propose that such an Officer be appointed for purchasing such provisions, keeping them in stores, and delivering them out to the Officers and soldiers at the cheapest rates, for which so much of their English subsistence as is necessary may be retained, and deducted, as also so much of the allowance made them by the inhabitants as shall not be applied towards the building and maintaining of barracks, the perfecting of which good work we humbly offer that your Majesty be pleased to recommend to the Assembly of that Island; and by this method we humbly conceive that your Majesty's Forces will be no longer burdensom to the Island, their discipline and health will be preserved, the service better carryed on, and the cheif occasion of the soldiers' unwillingness to serve in the Plantations in a great measure removed; and how far your Majesty may please to encourage and promote the work by your royal assistance is most humbly submitted. Signed, Robt. Cecill, Ph. Meadows, William Blathwayt, Jno. Pollexfen, Mat. Prior. [C.O. 138, 11. pp. 42–48; and (without enclosure) 137, 45. No. 53.]
Oct. 15.
1150. Col. Quary to the Council of Trade and Plantations. Inclosed is a copy of my last, since which I have gone through Maryland, and visitted the severall Officers of H.M. Customs, in persuance of the Commissioners' Instructions. I came into this Province Sept. 16 in order to discharge the like duty, which I have effectually done. The 29th I was sworn one of H.M. Council for this Province, and since your Lordships were pleased to think me fitt for yt. honour, I will endeavour to maintain your good esteem etc. This Government. was never under better or happyer circumstances, H.M. Revenue never managed wth. more justice, care and judgemt. than at this present, nor ever augmented and improved to yt. hight as now it is, and yet ye publick taxes was never easyer or lighter than now, and consequently ye Inhabitants never better pleased or satisfyed. The Governor hath taken so good care in the disposing of the arms lately sent by H.M. yt. ye money they cost will be repayed to H.M. in a little time with interest, wch. I hope will incourage your Lordships to propose yt. there may be a further supply of arms, ammunition and other necessaries sent, according to the acct. which you will receive from H.E. There is now in Bank 1,936l. of ye Revenue arising to H.M. from ye 2s. per. hhd. and 4,111l. of H.M. Quit-Rents, after having paid for the arms and ammunition. The Publick Building called the Capitoll, is quite finished, except some inside work. I never saw a better structure for ye bigness of it in my life, both in respect of ye materials, ye beauty, and prospect of it, the design and contrivance of it, which will efectually answer all the ends proposed by it, the Courts of Judicature, the setting of the Council and Assembly, and all the public offices of the Govmt. The people are extreamly pleased with it as being an ornament and honour to ye country; and now yt. this great work is finished, I beleive the Assembly will continue ye same fund to be employed in some further benefit to the country.
The Militia of this Province is under far better regulation than any other Govermt. on the Main; it is put into the hands of very good officers, and H.E. doth by himself exercise ye men very frequently, when time can be best spared without ye least injury to ye Planters, so yt. in a little time I hope to see them well disciplined (and when supplied with more arms and ammunition) fitt to serve H.M., and under H.E.'s conduct be able to defend this Province from all H.M. enemys. I could say a great deal more, but can't better demonstrate ye great quiet, tranquility and satisfaction of all this Govermt. than by referring your Lordsps. to the severall Addresses from all ye parts of it, the Assembly, the Grand Jury, the Militia and the whole Clergy. There are some uneasy, factious and turbulent spirits (tho' few in numbers) yt. do envy this happiness and endeavour to distract and disturb ye peace and quiet of this Govmt. They are in their very nature uneasy under all Govermt.; they played ye same game under my Lord Howard of Effingham's Govermt., they never left clamouring and complaining against his Lordp's. administration till they had gain'd their point in having him removed; nor were they anything better satisfied under Sir Edmund Andross, but continued their old game, clamors and complaints till they got him also removed, to whom Gov. Nicholson succeeded, and now they seemed satisfyed and contented in ye highest degree imaginable; they expected yt. the Governor would be governed by them, yt. all places of honours and profitts should be in their hands and disposing, and yt. now they should be able to crush and ruin ye other party; but they quickly found themselves mistaken, for H.E. by long experience knew the mischiefs of encouraging factions in a Govermt., and therefore would not gratify them by making himself ye head of a party, but govern'd ye whole without partiality or distinction, and accordingly he did distribute justice and his favours without ye least regard to party or factions, and took occasion to let all persons in places of trust and profitt know yt. he expected they shoud discharge their duty. This conduct of the Govr.'s surprized them at first, but when they found him stedy and resolved, it quickly sowered their tempers, and from pretended friends they became ye worst of enemys; they united all their forces, and some yt. were ready to cut each others' throats became fast friends to oppose ye Govr.; those of them that were in the Council did all they could to perplex matters there, tho' contrary to their oath and duty, and those few that were chosen into the Assembly did their part to oppose ye Queen's interest and commands; but all their endeavours failed, unless in ye case of supplying ye Quota for ye support of Albany, and in that they run in with ye genll. humr. of ye whole contrey, which humr. was first improved by those very men by telling ye people yt. they should be all inslaved by being forced to maintain other Govermts. and be drawn out of their own country from their wifes and families, which would be left exposed to enemys whilst they were forced to fight for strangers, with abundance of these malicious notions, on purpose to distract and make ye People uneasy; but this impression lasted not long, for ye country quickly saw through ye malicious designs of these men, and do now generally abhor them. Some of ye very chiefest of these malecontents are ye men yt. have been preferred to what they are, and obliged in a very extraordinary manner by ye Govr.; but no tyes of gratitude can secure some men, or oblige them to be just. I have been very conversant with some of ye Principall Leaders of this faction, and as an indifferent person have asked them these reasonable questions, What was ye reason of so great a change in them from ye greatest pretens of friendship and encomiums on ye Govr, to ye highest degree of prejudice and malice against him ? Hath ye Govr. violated any of ye Queen's commands, or Instructions ? Hath he omitted any oppertunity of serving H.M. or ye interest of ye country ? Hath he embezel'd any of H.M. Revenue, or misapplied it ? Or hath he omitted any occasion of improving it ? Hath he neglected to regulate and settle ye Militia in good hands, or omitted any proper occasion of putting ye Country into ye best method and posture for defence in time of war ? Hath he denyed or delayed justice to any man contrary to Law and ye Rules of ye Courts of Justice ? Hath he neglected to put ye Act of Trade etc. in execution ? Hath he anyways wincked at or encouraged illegall Trade ? Or hath he omitted any oppertunity of encouraging ye honest and fair Trade of this Province ? Hath he in ye least discouraged ye honest Industry either of ye Mercht. or Planter ? No, not any of all these can ye very worst of his enemies so much as pretend to lay to his charge. But that I may do them all the right and justice they have any pretence too, I will acquaint your Lordships with what they charge against ye Govr. The most material thing is his passion, the effects whereof they say is, that he treats them with hard language, and threatens them and gives them sometimes hard names; this perhaps is a great truth, but then these Gent. forget that they themselves give ye occasion, and provoke him to this passion by their under-hand designes in Council and Assembly against H.M. commands, interest and service, by their false misrepresentations of him to others, by their malicious and scandalous letters against him to severall persons in London, an acct. of which ye Govr. hath received from very good hands, by their endeavours to blacken and traduce him, even his best actions; all which have been fully made appear to their confusion, and yet they will not allow H.E. to resent such barbarous usage so far as a few hard words. The next thing is yt. he hurrys and fateagues ye Country by ordering them to be mustered and exercised in arms; this they pretend is a charge and trouble to ye Country, not considering that it is H.M. positive commands, and yt ye safety and security of ye Country depends on it; but neither consideration can stop ye mouth of prejudice and malice. The next thing they charge as a crime is yt. he spent so much of his own mony in solemnizing H.M. Coronation and happy accession to ye Crown; this was ye occasion of making a great number of men drunk, as they say, and therefore do charge ye sin and abuse on ye Govr.'s acct., but with what justice I know not. If they are allowed to be Judges, they do say yt. a bowl of punch wou'd have answered this solemn occasion as well as ye expence of 500l., which it cost H.E. It is very hard that these gentlemen will not allow him to spend his own money without being censured and made accountable to them for it: I could acquaint your Lordships with a heavy, long charge which they bring against the Governor for being in love with a hansome young lady of this country, wch. they are pleased to agravate as a hainous crime; this they endeavour to prove by many arguments and circumstances to[o] many and rediculous to trouble your Lordships with. As a further confirmation of all I have said, I refer Col. Jenings, H.M. Secretary of this Province, who is thought by all parties to be an indifferent person and unconcerned on either side. If such factious-spirited men are not taken notice of and discouraged, t'will be impossible to preserve ye peace and quiet of the country, nor shall it be in the power of any Governor which H.M. shall send hither to do H.M. yt. service that may be expected from him. Now is the time to put a stop to this growing evill. The chief head of this few factious party went to Engld. in the last fleet in order to do all the mischief he is capable of. His person and caracter is very well known to some of the Honble. Members of your Board, and therefore there is ye less to be feared from his cuning and malice.
In my last I gave an account that I had acquainted the President and Council of Pensilvania with H.M. Order relating to the Courts of Judicature. They would not give me any positive answer then, but deferred it for some few days, and notwithstanding their promise I never heard further from them till ye last Court, wch. happened whilst I was here. I left orders with Mr. Jno. Moore to press them for a positive answer, which accordingly he did. By his enclosed letter your Lordships may see yt. ye Quaker Justices do positively refuse to take ye Abjuration Oath, tho' H.M. hath been pleased by her Order in Council to allow their taking ye severall oaths required by Law in their own form appointed by ye late Act made in favour of them; and notwithstanding they refuse to qualify themselves by taking ye Abjuration which is ye most essential of all ye oaths required by Law, yet in contempt of H.M. Authority they proceed to act in all respects as Judges, Justices, Councillrs. and Govrs., by which your Lordsps. may see ye true temper of these people, who have no reguard to the Queen's Orders, or ye Law, but conclude themselves above all, and do wholly depend on Mr. Penn's great interest to protect them in whatsoever extravagancies they commit, so that there is no hopes of any obedience or regulation in the Govmt. till under H.M. imidiate directions.
In my last I did propose a most efectual way to secure ye Trade of America from the Main to the West Indies and to distress the French Islands for provisions; since which I have fully discoursed my Lord Cornbury, who very well approves of my proposal in all its parts, and believes yt. it will effectually answer ye ends proposed, and therefore resolves to second it to your Lordships. I have also since had ye oppertunity of speaking to most of ye Merchants all along ye Main concerned in yt. Trade, who do all very highly approve of ye design, and Governor Nicholson is pleased also to approve of it in all its branches, and doth further propose yt. ye man of war, which shall be appointed for ye service of this Province may be joyned to ye convoy especially of yt. fleet which goes towards the winter, since she can be of no service to H.M. here during yt. season, but may be of great use in ye West Indies. Therefore I again renew my proposal, that twice a year will efectually answer all ye ends of trade from all ye Govermts. on ye Main with provisions and their other produce to ye severll. Islands and from thence with ye growth of ye Islands to ye Main; that no ships be suffered to go from ye Main to the Islands and from thence back but in fleets and under good convoy; that ye Spring Fleet be made up at New York at a day fixed by ye sevll. Govrs., yt. ye convoys be ready to sail at ye day appointed; yt. as soon as ye ships arrive in Barbados, one of ye convoys shall go with ye vessels yt. shall be bound to ye Leeward Islands, and yt. as soon as they are loaden in Barbados, they shall make up ye home fleet at Antego or Nevis, and from thence hasten back to North America, and that the proper method be agreed for ye Jamaica Trade; that ye winter fleet be made up in Virginia, where there is no danger to be shut up with the ice so soon as to ye Northward; yt. ye man of war appointed for the service of yt. Province do also go with ye other convoy; that during all ye winter season ye sevll. men of war do stay and cruise about the Islands, where they may do H.M. great service against ye French and Spaniard, and can be of no use at yt. season in any of H.M. Govermts. in North America. This winter fleet may return homewards about ye middle of March, which will bring them in very good time on ye Northern Coasts. This proposal duely persued will efectually secure all ye Trade of America, without putting H.M. to any expence; besides ye constancy of these fleets going and coming with good convoy will be of great service and security to other Trades. But ye main thing I propose this for is ye disappointing and distressing ye French for provisions. I am sure they will not be able to subsist in their Islands, much less be able to fitt out their shiping and privateers for want of our flower, bread, beef, pork, rice and other provisions. They are not furnished with these from France, nor can they be furnished from any other place in case this proposal be duely put in execution. But at ye loose rate yt. this Trade is now managed, they are farr better furnished with our provisions than any of H.M. Islands are. No time ought to be lost on this occasion, nor will anything be wanting to put this noble design in execution, but an Order to H.M. sevll. Govrs. etc.
Inclosed is an acct. which was sent me by one of H.M. Collectors who is settled at Lewis Town near Cape Henlopen in ye Lower County, by which your Lordships may see yt. ye sd. Trade of encouraging Pyrates is still carryed on as formerly. It is impossible for them to leave their old practice and kindness for yt. sort of men. H.M.S. Oxford, Capt. Moore, in her way hither took a French ship loaden with sugar and brought her into Maryland, where she was condemned in a Court of Vice-Admiralty. There being no person commissioned in yt. Govermt. from ye present Commissioners of the Prize Office, to take care of ye Queen's share, Mr. George Plater, H.M. Receiver, hath taken it into his custody; I have given him the best directions I could in that case, which was, yt. ye goods be sorted, divided and appraised by men of ye best charecter and circumstances on their oaths; yt. ye Queen's share, which is one half of ye whole, should be divided into small lotts and sold by inch of candle, or how else he should find most for H.M. advantage. The ship and loading is worth above 6,000l.
The Post before I came from Philadelphia brought an acct. yt. a body of ye Eastern Indians headed by about 30 Frenchmen from Canada had fallen on ye out-ports and settlements of New Engld., had taken and destroyed sevll. of ye places, and had killed and taken prisoners above 150 English Inhabitants; the enemy were not gone when this acct. came. This obliges me to renew my former memorial to your Lordships about Canada. The French do dayly improve their interest in securing those great Nations of inland Indians, and I am very sure yt. the methods they take will never fail to answer yt. end. It is generally believed yt. ye Five Nations will not long prove stedy or just to ye English interest, and when ever they fall of to ye French, it will prove of fatal consequence to all ye Govermts. on ye Main. Virga. yt. will not see their danger now, may see their error in fatal effects (which I pray God prevent). The state of this case is brought to this narrow compass, yt. either H.M. must resolve to remove ye French from Canada, or else they will in a little time ruin all ye Govermts. on North America. From ye best intelligence yt. can be gotten, the French are not above 3,000 effective men in all ye parts of Canada, so yt. ye taking yt. place is not so difficult and hazardous as is imagined. I am sure ye consequence of gaining yt. point is of a vast concern to H.M. interest. In case this great design is persued, a great number of ye inhabitants on ye Main will heartily engage in it; I am sure H.E. Govr. Nicholson will gladly joyn my Lord Cornbury in this action, and will be able by his great interest in those parts to raise a very considerable force to carry with him to this service. I presume my Lord Cornbury and Govr. Nicholson did at their last meeting fully discourse this affair and have sent a Representation of it to your Lordships. By a vessel lately come from Jamaica we have this account yt. ye Inhabitants of yt. place had contrary to ye direction of ye Govermt. rebuilt sevll. houses on ye Point; that a gunner of one of H.M. ships had stolen ashore 16 barrells of powder, which was lodged in one of ye houses, and was by some accident fired, which blew up all ye new built Houses. There seems to be a chain of fatallity attending yt. place, and yet nothing can divert ye People from their endeavours of rebuilding it again. I am obliged to hasten away from hence much sooner than I would, purposely to attend my Lord Cornbury at Amboy, in East Jersey, where the first Assembly for yt. Govermt. meets about the latter end of this month. I will be just to the promise I made H.E., being very sensible that his Lordship is but very indifferently yoked with a Council for yt. Govermt. I purpose to return hither again early in ye spring, and then shall have an opportunity of writing to your Lorps. by the fleet. Signed, Robt. Quary. P.S.—Prays to be recommended to succeed Mr. Randolph as Surveyor General of North America, "the duty of which place I have discharged ever since I returned last to America, by virtue of a power from ye Commissioners of Customs, tho' I have not had ye sallery belonging to it" etc. Since my writing this by a vessell just arrived we have ye certain acct. yt. ye French and Spaniards from ye Havana have fallen on Providence Islands, taken and plundered it, dismounted all their guns, and have carried away ye Lieut. Gov. prisoner; tis to be feared they design to return again and settle it with more force; to be sure the English will never venture to settle it again unless H.M. be pleased to send some force to defend and secure them. By this your Lordships may see ye effects of Proprietary Govermts., who will take no care to defend ye Queen's subjects, but leave them exposed to the enemys; nor are they willing to deliver ye Provinces up to be defended by H.M. The next step will be ye taking of Carolina; they are in no condition to defend themselves. Signed, Robt. Quary. P.P.S.—I humbly request your Lordships will please to order me a supply of Paper, Pens, Ink, Wax etc. I am often distrest for want of them in these parts. Endorsed, Recd. Dec. 9, 1703, Read Feb. 16, 170¾. 7 closely written pp. Enclosed,
1150. i. Memorandum of Minutes of Council of New Jersey, Aug. 14–21, 1703. ¼ p.
1150. ii. Robert Quary to the Commissioners of Customs. Virginia, Oct. 15, 1703. Since my last of Aug. 4 I have travelled through Maryland and visitted all the officers in ye severall Rivers on the Western Shore. I found some of them guilty of severall mistakes, neglects and omissions, wch. they have rectified, and promise to be more diligent and careful for ye future. David Kennedy, Collector of Potomock District, went from thence to Engld. in July, 1701. I can't find yt. he had either your Honours' leave for his going or from ye Govermt., but this is the least part of what he is chargeable with, for the crime laid to his charge is no less than forgery and cheat; one Mrs. Allchorne is come hither from Barbados on purpose to prosecute him; she charges him with forging her hand, and since she has mist him here, she goes for Engld. this fleet to prosecute him there. Repeats case of the Oxford's prize given in preceding.
As soon as I had dispatched what my duty required in Maryland, I hastened to Virginia to advice with H.E. Gov. Nicholson about ye best ways and means to persue your Honours' Instructions about preventing abuses in ye package of tobacco. He is of opinion yt. it is impossible efectually to prevent yt. and other mischiefs in trade but by having fix'd ports in each River, which will never be done by the Assembly here for the reasons which I have given your Honours in my last, but is of opinion yt. it may be easyest and best done by a short Act in England, which he believes will meet with no opposition. H.E. is so zealous in having these abuses remedyed yt. he assures me yt. if your Honours will procure H.M. positive orders to him, to appoint such proper ports in each River for ye loading Tobacco as he and the Council shall think most convenient, he doth not in ye least doubt but to secure yt. good design and gain ye point without opposition, ye generallity of ye country beginning now to see yt. the appointing of Ports in each River would be very much for ye publick good of ye Country, as well as for ye good of Trade, tho' severall of ye great loading men do oppose it merely for their own private ends, and I do therefore most humbly recommend to your Honours to procure such an order and to dispatch it away as soon as possible. H.E. was pleased to honour me with his company in visiting ye severall Officers of this Province, which he did purposely to satisfy himself of their behaviour in the discharge of their respective offices. Generally the Collectors and Naval Officers are gentlemen of very good characters both for honesty and ability etc. I have given them perticular charge about your Honours' Instructions concerning ye false cases, and have ordered yt. upon ye Master of ships entry and report yt. they be very particular in that part of ye oath relating to ye respective package, that they shew each Master your Honours' Instructions, and what is meant by cases. I am obliged to except one officer in this Government, Luke, Collector of the Lower District in James River; he is now in Engld., but hath left a very scandalous carecter behind him, here he marryed a very infamous woman, who was tryed for her life and very narrowly escaped hanging; they lived so scandalously here that Mr. Luke hath made himself ye scorn and contempt of ye meanest in this country. He left his books and papers with one yt. keeps a punch house in Kiquotan; he went for Engld. without the Governor's order, and left ye office in this confusion without giving H.E. any account of it. I examined the books etc., and never saw anything more irregular and confused etc.
I did purpose to have gone to North Carolina in order to a nice inspection into what concerns H.M. Revenue there. I am very sensible that there is a necessity of a regulation in yt. country. I do much fear yt. most of ye tobacco wch. grows in yt. country is carryed to a wrong market, for such obscure places, especially under Proprietary Govermts., are ye most dangerous; most of ye Trade of that place is carryed on by New Engld. men, where they take in pork and other provisions for Curesawe and other places in ye West Indies, and by way of conveniency do take in tobacco, wch. may be done without much difficulty considering ye scituation of ye country; no man knows every part of it better then myself, but ye doing this service efectually will require more time than is possible for me now to spare, since I must goe to Curatucke, another small hole where much mischief is yearly done, when I visit those places I resolve to return Northwards by croosing the Bay in a sloop and so travel home all along ye Eastern shore of both Provinces and inspect the several officers there settled, wch. will be a work of some time, and therefore I do resolve God willing to begin this work very early in ye spring. I have in my former laid before your Honours ye state of H.M. Revenue in Pensilvania for about 9 or 10 years past. I shewed what part of it hath been received by Mr. Randolph, and what remains still in the hands of the former Collectors and others, of which I have full proofe. Nothing hinders ye recovering ye money, which is considerable, but your Honours' orders and a person impowered as H.M. Attorney General to discharge ye party, ye want of which is ye only pretence they have to keep H.M. money so long in their hands. Mr. Penn's Naval Officers refuse to deliver me ye forfeited bonds yt. I might put them in suit for ye Queen, under pretence yt. they want an order from your Honours. I think myself sufficiently qualified to demand them ex officio as Surveyor General, but they are pleased to make use of this shuffle to delay time, knowing yt. some of their friends are concerned and will be brought on ye stage when some of those bonds are put in suit. I do most humbly beg your Honours' spedy orders in those and other matters of moment wch. I have laid before your Honble. Board. Repeats part of preceding. I have fully discoursed H.E. Governor Nicholson concerning ye most proper and best ways and means of securing ye Trade of these Provinces, and prevent all illegal practices, and to do it at ye least expense to H.M., which we conclude must be by a small briganteen wth. an active man Master and about 20 brisk men, who may be wholy at ye command of ye Govrnor. to turn out ye Master in case he should be negligent or remiss in his duty, this vessel to be always in motion from one River to another and from one Province to another, as ye Govr. or ye Surveyor Generall shall see cause; this briganteen thus constantly imployed will be sufficient to secure ye trade of Virginia, Maryland, Pensilvania, North Carolina, and may once a year go to South Carolina and Providence Islands, which will be of great service; this vessell will save ye Queen ye charge of sending a small man of war for yt. purpose, which hitherto hath been done and hath put H.M. to three times the charge without any ways answering ye end; ye Capts. are above all command and do find one pretence or other always to be at anchor; when she should be cruising, she is out of order, her men wanting, ye Capt. sick etc. H.E. proposes my residing in Virginia and Maryland ye winter half yeare, wch. is the chief time for ye Trade in those Provinces, and to reside in Pensilvania, New York and the Northern Govermts. ye summer halfe year, wch. will best answer ye Trade of those parts, so that I shall always be in motion with ye briganteen and thereby effectually answer ye end proposed, besides in case of any extrodinary occasion in time of war this vessell may be sent with an express to H.M. Refers to Custom House details. Mr. Randolph since his last coming over seized two ships without ye least ground yt. I could find, one in Maryland, which was cleared, and ye owners sued him for damage, the other a little before his death on ye Eastern Shore in Virga. I have examined into the matter and can't find the least culler for it, the pretence was a parcell of Irish linnen, for which there is a true and full certificate yt. ye duty was paid in England. Signed, Robt. Quary. Endorsed, Recd. Dec. 9, 1703, Read Feb. 16, 1703(4). 3 pp. Copy.
1150. iii. John Moore to Col. Quary. Philadelphia, Sept. 7, at 6 at night. I just now came from our Court. After opening it, Mr. Ashton ye Clerke, by virtue of a dedimus potestatem, much with ye stamp with ye other of Chester, proceeded to give Mr. Guest, Capt. Finney, Andrew Bankson, and Edward Farmer (justices), who they had picked up to serve a turn, and myself and ye new Sheriff, ye severall oaths required by Act of Parliament, ye last of which was that of Abjuration of ye pretended Prince of Wales, sevll. of the Quaker Magistrates sitting by; which done Ashton applied applied himself to them to qualify themselves by an affirmation, whereat a heat arose, and they were very warm against ye taking ye Abjuration, alleadging 'twas not required of them, nor reached ye Plantacons etc., and amongst ye rest ye Mayor and Mr. Griffith Jones begun to be hot and called it an imposition; they were told that ye Queen's order required them to qualify themselves for ye offices of Judges or Justices, and one of ye oaths requisite was in ye said Act; and yt. H.M. had been gracious to them in extending ye Affirmation Act hither. One of them replyed, 'twas true ye Queen (he believed) designed them a favour, but ye Penman of yt. Order was no Friend of theirs, or to yt. effect; in short they took till ye afternoon to consider of it; and after dinner Samuel Richardson, Nathan Stanbury, Jno. Jones, Roland Ellis and Griffith Jones came to Court (but we saw no more of ye Mayor and President, Mr. Edward Shipen). Then Ashton proposed ye Affirmation to them again, one of them said, they would comply with ye other attests, but that containing ye Abjuration of ye Prince of Wales, they would not. Mr. Ashton bid them go on till they would stop, so they digested two Acts and the Declaration, but when they came to the aforementioned Abjuration Oath, it stuck, and would not goe down, upon which a whispering began how far it was safe to joyn with them in holding a Court, but the occasion was soon removed, for calling ye Grand Jury, ye Bible was preferred to ye Foreman (being no Quaker) to take ye oath of a Grand Jury man, which he readily complied with; but before he was sworn, Griffith Jones stands up and acquaints ye rest how serviceable he had been, and how ready he was still to serve his country according to ye long practiced custom of Attestations, but that he conscientiously scrupled ye taking any oath himself, and by ye same rule durst not administer any oath to another, and so could not concede to yt. part of ye directions in ye abovesaid order of ye Queen, to admitt oaths, and therefore for his part he must withdraw and leave them; to the same tune danced all ye other Quakers and left ye swearing Magistrates to themselves to do yt. work, but are resolved to continue their acting as Councillors and Governors of the Province without qualifying themselves: the Court proceeded to impannell a Grand Inquest halfe mild, halfe stale, Jurors and Affirmants, and after a long winded charge out of ye Judges' Common Place adjourned for to-night; thus I have tyred you and myself with this day's history, and you may guess how ye rest will be managed. No news of ye Collectors swearing yet. Signed, Jo. Moore. Endorsed as preceding. Copy. 2 pp.
1150. iv. Henry Brooke to Col. Quary. Port Lewis, Nov. 12, 1703. On Aug. 11th, coming back to Lewis from a Gentleman's house where I had diverted a day or two, I was told the night before yt. a vessel of flyboate make came to an anchor under the Cape. It happened that some of H.M. Company were att that time ashoar (vizt.) one who called himself purser, a volunteer and two other handes; of the former I demanded from whence they were, wither bound and how quallify'd for sayling; they answered yt. they belonged to one Capt. Henrey Pullen, Commander of the Fame, a privateer fitted out for the South Seas by Commission from the Prince; that as they were on their way thither as far as the Canaries, they came up with a Frenchman, close on board Tennereiff, whom they fought, boarded and took, but the whole crewe escaped in their boats. Pullen altered his design to the South Seas, and committing the prize ship to Samuell Burgess, his first Lieutenant, with 15 other hands (of which number they were) ordered him to make sail to Rhoad Island; that scarcity of water had forced them to bear in with the first lande they were able to make, wch. was the Capes of Delaware, and that their whole business ashore was to fill their casks. To give coulour to this story, they shewed a copy of Pullen's Commission to Burgess. Having this information and finding by the premisses that she could not be condemned as lawful prize, and it not appearing that the instruments abovementioned were genuine I thought it might be good service to stop them till they were able to make good their allegations, and in order thereto opened my designe to Samuell Rowland a neighbour, who had then a good sloop in the Port; he advised that the prize, laying in the open bay having a fair wind and being in all probability better manned then had been represented, was not in our power, but, says he, there now offers something yt. may be improved to a discovery of their force, for two of the hands ashoar mutiny and refuse to goe aboard, the other two want help aboard. I'le offer myself to that service, take notice of their strength and report it at my return to you. I liked his designe, he pursued it, and the next morning (or about midnight) came back bringing with him the commanding officer, Burgess, sayd purser and two other handes. He reported that the number of men was as related, yt. they had good small arms and 12 guns. Soon after their landing the mutineers were said to be runn away, the Capt. charged Rowland with having a hand in it. Rowland denyed it with much passion, and thereupon followed a very angry contest betwixt them wch. lasted all day without any show of reconcilement. In the meantime, having considered that 6 of the prize crew were ashoar, and if those were once secured, their number would be so much weakened yt. in all likelihood I might procure hands enough to take ye rest, I went down to the Sherreif's house, wch. is about a mile from the Town and dealte with him to take ye men into custody wth. such arguments as I thought might best show ye advantage of yt. service. He objected an uncertainty in the knowledge of their numbers, the backwardness of the countrey people to give him due assistance (wch. he sayd he had proved in a like case) and the madness of making an enemy of one that offered no injury. I answered that were their numbers more or less, I was well informed that they had only one boat belonging to them, wch. was now in ye Creeke and might be either sunk or dragged with oxen into the woodes, and so all communication cut off betwixt those ashoar and those on board; that if ye people deny'd assistance, I would joyne with him to report their contumacy to the Govermt.; that a pyratt was a common enemy, and that he now had him in his power, he and his men lying drunke and asleep in the towne streets, but there was no reasoning him into action. Whilst this was doing, trusty Rowland was letting Burgess into the secret, as I am since informed from ye Sherreif. I went to Mr. Thomas Fenwick, a J.P., and exhorted him to grant his warrant to the Constable for the same service; he said to the same effect, adding that they did not appear to him to be pyratts, and yt. the Constable was not at home. To obviate the first, I desired to be written Informer in the warrant, and for the second I sent a man and canoe for ye Constable att my own charge, and agreed to pay the Constable for half a day's lost labour. He came, and sometime after the Justice had prepared a forme of warrant, wch. he carryed to the Constable, but at the same time told me the men were escaped. I enquired into it att their Inn, and had the story confirmed. I was now at a loss wt. to do, when I heard a murmuring amongst the people yt. if I woulde but demande their assistance, they were ready to run all hazards wth. me. I immediately agreed with the Sherreif for the use of a small yatch of his, promising to stand to all damages, yt. done, I went about to find aid. There were some 8 men to be mett wth. only, the rest were elsewhere in their hay harvest etc. Of these 8 one when he heard my business slunke out of the way, two, John Miers and John Steward, repulsed me with threats, the other five consented to goe with me, if I could make them up a competent number for the service, wch. not being to be done, and only one of this number having arms, I dismissed them. I was now a second time at a stand, when behold to my great surprize, Rowland's sloop appeared under sayle and standing out of the creek. The quarrel that had all day long been managed betwixt him and Burgess made me suspect Burgess had taken him in revenge. To be better informed, I went down a second time to the Sherreif's house, wch. stands near the Creekes mouth, and there found Burgesses purser and men ashore buying cider and filling their water casks. I asked them severally after Rowland's motions, but they all pleaded ignorance, whereupon I made what haste I could back to town to give fresh notice where the men were, and in my way observed Rowland bearing down full sayle upon the prize ship. Accordingly I gave notice to the Justice and Constable, who in some half-hour's time had gathered 5 or 6 men, and went some half way to the Sherreif's; being there, upon a thought they were not number enough to act securely, they turned back for fresh forces. After another half hour, the Constable with a larger number went down again, but by yt. time ye men were gott into their boat. It was now evening, when I and several other persons observed Rowland first alongside and then to fall astern of the prize ship and a boat to come and go betwixt them. I had at my last return from the Sherreif's (upon hopes ye men ashoar would not escape us) procured two horses and a guide to be in a reddyness to ride post to Philadelphia to begg aid against ye vessel. But ye next morning ye prize ship was seen to stande out of the Capes and Rowland was runne up the River. I have since heard that Rowland was seene to take a hhd. of Tobacco on board his sloop, of wch. I am now procuring affidavits. Signed, Hen. Brooke, Collr. Endorsed as preceding. 2¾ pp. [C.O. 323, 5. Nos. 19, 19.i.–iv.; and (without enclosures) 324, 8. pp. 349–371; and (No. 1 only) 5, 970. No. 13.; and (memoranda only) 5, 1262. Nos. 52.i, ii.]
[Oct. 15.]1151. Copy of a Dedimus from the President and Council of Pennsylvania. "In pursuance of an Order of the Queen in Council for the more ample qualification of Judges, Justices and other officers in the said Province and Territories, we do nominate and appoint Walter Martin to administer unto John Blunston, Caleb Pusey, Jonathan Hayes, Philip Roman, Robert Pope, and Ralph Fishbourne, Justices of the Court of Common Pleas and of the Peace for the County of Chester, all and every such matters and things as in pursuance of the Queen's said Order are necessary and requisite for the said Justices' qualification and enabling them to act, etc. Council Chamber, Philadelphia, 26th day of the 8 mo. in the second year of the reigne of our Sovereigne Queen Anne over England." Signed, Wm. Clarke, Griffith Owen, Caleb Pusey, Edward Shippen, Sam. Carpenter. Endorsed, Recd. Dec. 9, Read Feb. 16, 1703. 1 p. [C.O. 5, 1262. No. 52.]
Oct. 15.1152. Minutes of Council in Assembly of Jamaica. The Governor and the five members of the Council present, the Clerk and Provost Marshall took and subscribed the Oath of Abjuration.
The Governor acquainted the Board that Major Houldsworth and Capt. Nedham came to him from the House last night to know when there would be a Council, to which he answered he believed in the morning.
Message from the House desiring to know if there was a Council, which the Governor told them there was.
Four Acts, for raising a Revenue; an Additional Duty; H.M. Quit-Rents; and for making the Cay whereon Fort Charles and Fort William stand a port of entry, sent up. Whereupon the Board unanimously advised the Governor that in regard several Members elected into the House are kept out by them, that the Bills be not read, but that it be referred to the consideration of a full Council, which the Clerk of the Council was ordered to summon to be here on Tuesday next. [C.O. 140, 6. pp. 540; and 557, 558.]