|
| July 21. |
931. Account of the Petty Expenses of the Office of the
Council of Trade and Plantations from Xmas, 1702—Midsummer,
1703. Total, 18l. 1s. 3d. 1 p. [C.O. 388, 75. No. 73.] |
| July 21. |
932. Stationer's Account for the same period. Total, 38l. 6s. 10d.
Endorsed, Recd. Read July 21, 1703. 2¼ pp. [C.O. 388, 75.
No. 74.] |
| July 21. |
933. Postman's Account for the same period. Total, 74l. 16s.
Same endorsement. 2 pp. [C.O. 388, 75. No. 75.] |
July 21.
Whitehall. |
934. Explanatory observations upon the clause in
Colonel Seymour's Instructions relating to the revising the Laws
of Maryland and transmitting a compleat body thereof. |
|
Colonel Blackiston, late Governor of Maryland, did, with
his letter of Aug. 16, 1699, transmit to the Commissioners for
Trade and Plantations a collection of the revised Acts of that
Province, in two parts, the one entituled "perpetual Laws
without limitation," the other "Laws made in July, 1699,"
intimating withall that several former Acts were thereby continued
and others altered. In the said book of "Laws made in July,
1699," there is an "Act for ascertaining the Laws of that
Province," by which the Acts past that Session, together with
such former Acts, whereof a list is there inserted, are declared
and enacted to be the only Laws of that Province; and all others
formerly made are thereby repealed. This method has been judged
irregular, because the validity of all the Laws of the Province
are thereby made to depend upon this single Act: whereas
each of them ought to have been enacted separately; that so
they might have been singly either confirmed or disallowed by
H.M. as should have been judged fitting. Hereupon the said
"Act ascertaining the Laws of the Province" has been repealed.
And thereby it is conceived that not only the new Laws of that
Session, but also the former Laws, so far as they were altered
in that revision, and doe depend on this Act, are all set aside.
So that the old Laws, as they stood before that revision and
the passing of the said Act did thereupon revive. But whereas
it is probable that the Assembly in revising the Laws as aforesaid,
did make many alterations which may be usefull and proper
to be allowed; it is judged expedient that the same be now
again revised, and that such as have not been since repealed but
doe yet seem proper, be enacted anew each of them singly;
and a compleat collection thereof sent over as formerly in large
Paper; that they may be submitted to H.M. approbation or
disapprobation. And whereas it will undoubtedly happen
that in the collection of Laws thus revised and re-enacted, divers
ancient Laws will be repealed, it is necessary that a separate
copy of all such repealed Acts be transmitted at the same time,
that recourse may be had thereunto as occasion shall require,
since without the sight of such repealed Acts, the Commissioners
for Trade and Plantations will not be able to report their opinion
upon the rest. [C.O. 5, 726. pp. 265–267.] |
| July 21. |
935. Certificate from the Remembrancer's Office, that
security has been given for Mr. John Evans. Signed, R. Barker.
Endorsed, Recd. Read July 21, 1703. ½ p. [C.O. 5, 1262.
p. 42; and 5, 1290. p. 355.] |
| July 21. |
936. Minutes of Council in Assembly of Jamaica. Bill to
prevent the incursion of the enemy on the sea coast, to which
the House had agreed with the amendments, sent up, was read
the third time and passed. |
|
Bill to impower the Justices and Vestry of the parish of
St. George to raise and pay in their taxes by a former Act, and
indempnify the Justices and Vestry of the parish of St. Thomas
in the East and St. David's for not raising their taxes in the
time limited, sent up, was read a first, second and third time and
passed. |
|
Bill for regulating elections, and appointing the number of
Assemblymen, sent up, which was read and rejected. |
|
Message sent up to remind the Council of the Bill impowering
Commissioners to enquire into the execution of the Act for
raising money on Port Royal, and several other Bills that lye before
the Board. |
| July 22. |
Message sent down in reply, that the Council cannot proceed
in the Port Royal Bill till they have a satisfactory answer to
the last message sent to the House on June 5. They desired a
free Conference immediately upon the Bill for encouraging
Privateers, and that for dividing St. Elizabeth Parish, to which
the House agreed. |
|
Other Bills referred to. |
|
The Governor required the Minutes of the House to be laid
before him. |
|
Bill, for the better recovery of the money raised by an Act
for raising money for providing an addition to the subsistance
of H.M. officers and soldiers, sent up, was read the first time
and committed. |
|
A second Conference was appointed to make a new draught
of the Bill for the encouragement of privateers, the House having
agreed to the most material of the amendments. |
| July 23. |
The Council sent a message to the House with their reasons
(given) against re-enacting the whole body of Laws, on account
of which they continued of opinion that such things as want
amendment may best be done by a supplemental and explanatory
Law, to be past together with an Act of confirmation. |
|
Message sent up: Our House hoped they had given your
Honours a satisfactory answer to your Message of June 5, relating
to the Port Royal Bill, by their messages of June 16 and July 6,
but finding by your message of June 21, that you do insist still for a
Conference, we having a dew regard for this Honourable Board,
and that all misunderstandings may be prevented, desire a free
Conference on the subject matter of the several messages sent
by both Houses, by which we hope matters may be accommodated
for the good and welfare of the country. |
|
Free Conference appointed for Tuesday accordingly. |
|
Bill for encouragement of privateers etc. sent up. |
|
A Joint-Committee was appointed to confer upon the subject
matter of the Act for better recovery etc. (July 22). |
|
The Clerk was ordered by the Governor to remind the Speaker
of laying the Minutes of the House before him. Message sent up,
that they should be laid before him as soon as writ out.
[C.O. 140, 6. pp. 507–512.] |
July 22.
Whitehall. |
937. Council of Trade and Plantations to the Queen. In
obedience to your Majesties Order in Councill, July 11, we have
received from Mr. Penn a certificate of security given in the
Exchequer for 2,000l. that John Evans shall duly observe the Acts
of Trade, in the same form as has been done for other Properiety
Governments; as likewise a declaration and promise under
Mr. Penn's hand that your Majesties approbation and allowance of
the said Evans to be Deputy Governour of the said Province and
Territories shall not be construed in any manner to diminish or
set aside your Majesties claim of right to the three Lower Counties
on Delaware River; whereupon we are humbly of opinion that
your Majesty doe grant your royal approbation of the said Evans
to be Deputy Governour of Pennsylvania without limitation of
time, and of the Three Lower Counties during your Majesties
pleasure only; and we doe further humbly lay before your
Majestya Draught of instructions for Mr. Penn relating to the
Acts of Trade to the like effect as have been given to him and all
other Proprietors of Plantations upon the like occasion. Signed,
Darmouth, Rob. Cecill, Ph. Meadows, Wm. Blathwayt, Mat.
Prior. [C.O. 5, 1290. pp. 356, 357.] |
| July 22. |
938. Journal of Assembly of Jamaica. Capt. Thomas
Freeman and Andrew Orgill, departing the House without leave,
resolved that they lie under the censure of the House, and ordered
that they be sent for and pay 5l. each to the Clerk. |
|
Message sent up to desire of the Governor to know when there
will be a Council, but the Governor was abroad. |
|
Resolved that all the absent members be sent for in custody. |
|
Act for the better recovery of money etc. read the third time. |
|
Valentine Mumby was granted leave to go to Kingston. |
|
And see Minutes of Council in Assembly under date. |
|
The Speaker signed a warrant for Tho. Hudson, Ja. Archbold,
and Will. Vassall. |
| July 23. |
Ordered that the Act for the Ferry between St. Andrews and
St. Katherine's, and the Act for the Bridge at Passage Fort
and the Act for building the bridge at the Ferry be committed
to the same Committee that have the Bill in charge for clearing
Rio Cobre above and below Caymanas. |
|
And see Minutes of Council in Assembly under date. |
|
Bill declaring it high treason to counterfeit the broad seale of
this Island read the first time. |
|
Bill for encouraging privateers read three times with amendments, and sent up. |
|
Bill confirming the will of Ann Archer read the first time. |
|
Major John Ellis, senr., and Wm. Nedham were granted leave
of absence to-morrow. |
| July 24. |
William Vassall attending in custody was discharged on paying
his fees (1l. to the Clerk and 3l. to the Messenger), he asserting
that indisposition was the occasion of his not attending sooner. |
|
The Messenger reported that Capt. Hudson and Capt. Archbold
were both very ill. (See July 22.) |
|
The House agreed to some amendments to the Bill for the better
recovery of the money raised etc. |
|
100l. ordered to be paid to John Gay, Clerk of the Assembly. |
|
Bill for the better collecting H.M. quit-rents read the second
time and ordered to be engrossed, with the title, An Act for
ascertaining the quit-rents and manner of receipt thereof. |
|
Capt. Thomas Freeman misbehaveing himself by swearing
in the House and other contemptuous behaviour, he was ordered
to be taken into custody of the Messenger. |
|
And see Minutes of Council in Assembly under date. [C.O.
140, 7. pp. 72–77.] |
July 22.
Boston. |
939. Minutes of Council of the Massachusetts Bay.
Capt. John Browne and his brothers were fully heard. (See
July 15.) |
| July 23. |
Their petition was dismissed, petitioner not having passed
through the Courts of the Common Law, and so the matter
not properly brought to this Board. |
|
The resignation of Mr. Addington, on account of the decay
of his health, was accepted. (See July 16.) |
| July 24. |
Upon intelligence just now received of a French privateer
lying in or about Tarpolin Cove or Martha's Vineyard, that had
surpris'd and taken several coasting or provision vessels,
Capt. Daniel Plowman, commander of the briganteen Charles,
a private man of war, and his owners were sent for, and proposals
made and agreed to for the enforcement of her with an addition
of men, and sending of her forth on a cruise in quest of the
enemy. [C.O. 5, 789. pp. 519, 520.] |
| July 22. |
940. Minutes of Council in Assembly of the Massachusetts
Bay. Tax Bill sent down, with a message that there is no vote
of the Representatives to the vote of the Council thereupon,
and that it is expected they pass the Bill in the accustomed
manner for payment of the public debts, and making good the
fund for the Bills of Credit emitted, which by two several Acts
already pass'd they have engaged to do. |
|
Report of the Committee upon the petition of John Campbell,
Post Master, sent up with an amendment for an allowance to
be made to him of 10l. for the time past and 20l. for the year
ensuing, and that he be freed from impresses, traynings and
watches during his employment as Post-master, agreed to. |
|
196l. 7s. 5d. paid to Andrew Belcher for payments made by
him on H.E.'s late voyage Eastward, and for what was given to
the Indians. |
|
The Tax Bill was again sent up from the Representatives with
the vote of that House thereupon, adhering to their former vote.
Whereupon H.E. summoned them to attend, and intimated to
them that the clauses of restriction were such an alloy to the
Government and derogatory to the powers granted by the
Charter to himself and the Board, who were the standing
Government, that he could not consent thereto, but expected
the Bill to pass in the usual forme, and the fund for the Bills
to be made good, and dismist them. |
|
The Council then revived their vote of yesterday and sent
it down. |
|
Bill, for reversing the attainders of Abigail Faulkner and others
for witchcraft, was read a first and second time. |
| July 23. |
The latter Bill was read a third time and sent down. |
|
Report of Committee upon the fortifications of Castle Island was
approved and sent down. They recommended the finishing of
certain platforms and the construction of a guard-room, vaults etc.,
which, including a debt of 200l. already contracted in the work,
Col. Romer undertook to perform for 1,000l. |
|
Message sent down to move the House to have further consideration of the clause of restriction in the Tax Bill, as also for
an allowance to be made to H.E. for his service in the Government
for the year commenced, and of what fell short the year past. |
|
Bill in addition to the Act for settling the bounds and defraying
the necessary charges arising within each respective County was
again read, and carried in the negative. |
|
Bill for granting unto H.M. a tax upon Polls and Estates was
sent up again, agreed to with the withdrawing of the clause of
Restriction. A resolve of the House of Representatives was
sent up with it:—That it is the undoubted priviledge of this
House, that their concurrence be had in the particular
application and disposal of all and every sum and sums that
are put into the Treasury, so far as it can be practised. Which
was read. |
| July 24. |
Petition of the Selectmen of Sherborne, setting forth that the
Town of Framingham hath for two years past assessed and
collected part of their Province tax upon a considerable number
of the inhabitants of Sherborne, whose respective proportion in
Sherborne's assessment amounts to 6l. 14s. 9d., sent up with an
order of the Representatives that the Treasurer defer the demanding of that sum of the Constable of Sherborn until this Court shall
give further order, read and concurred with. |
|
Resolve of the Representatives agreed to that James Taylor,
Treasurer, be paid 200l. for his service in that office last year;
Elisha Hutchinson, John Phillips and James Converse 8l. each,
for their time and expense in waiting on H.E. in his late journey
to the Eastern Indians; John White, Clerk of the House, 14l. for
his salary; William Stanton, Purser of H.M.S. Gosport, 6l. for his
extraordinary expenses in beer, wood, candle, when the ship waited
on H.E. in his late voyage eastward; James Maxwell, Doorkeeper,
30l. salary. |
|
The Declaration of the Council, of 21st inst., upon the clause
of privilege contained in the deed of the lands upon Mounthope
Neck, being not agreed to by the House of Representatives, the
Council voted that they are of opinion that the former part of
the said clause is expired and determined, being to continue onely
dureing that Government, and that the latter part of the said
clause referring to entring and clearing of ships and vessels, was
at the time of executing the said deed, and still is contrary to
diverse Acts of Parliament, which H.E. is sworn to see duly
observed. |
|
Bill in addition to the Act for regulating townships was read
a second time. |
|
Resolve sent up from the Representatives for allowing 300l.
to be paid out of the first part of the tax to H.E. the Governor
towards his support in the management of the Government, was
read and sent back to the House with a message to reconsider
the same. [C.O. 5, 789. pp. 849–854.] |
July 23.
Whitehall. |
941. William Popple to William Penn. The Council of
Trade and Plantations having had notice from Lord Cornbury,
May 29, that he had had some letters from Philadelphia which
informed that they had lately held Courts of Judicature there
in which they have condemned people to death by Judges that
are Quakers, and by a Jury of Quakers, and neither Judges nor
Jury under any oath, which proceedings have very much startled
the Gentlemen of the Church of England in Pensylvania, their
Lordships therefore desire you would give particular directions
to your Deputy Governor, and use all other means for putting
a stop to such undue proceedings. [C.O. 5, 1290. p. 358.] |
July 23.
Whitehall. |
942. William Popple to Sir Edward Northey. I enclose
a Collection of the Laws of New Hampshire, upon which the
Council of Trade and Plantations desire your opinion in point
of Law as soon as may be, and particularly as to the Act for
confirmation of town grants, and an Act to prevent contention
and controversy that may arise concerning the bounds of the
respective towns within this Province, which their Lordships
consider fit to be repealed, as seeming to entrench upon the
rights of particular persons. Annexed, |
|
942. i. List of Acts of New Hampshire enclosed. [C.O. 5, 911.
pp. 97–103.] |
July 23.
Whitehall. |
943. William Popple to the Lord Bishop of London.
Enclosing copies of two Acts of New Hampshire, concerning
marriages etc., and for maintenance of the Ministry. The Council
of Trade and Plantations desire your Lordship would favour
them with your opinion. [C.O. 5, 911. pp. 103, 104.] |
July 23.
Virginia. |
944. Governor Nicholson to the Council of Trade and
Plantations. I am extreamly troubled and concerned that
I cannot give your Lordships an account that the Assembly hath
complyed with H.M. royall commands concerning the 900l. for
New Yorke, but I hope in God it will appear to your Lordships
both by the Journalls of the Councill and Councill in Assembly,
and of the House of Burgesses, that I endeavoured what in me
lay, that they should have been more dutifull and obedient to
H.M. royall commands. I must confess that the people of the
country are generally against it: but with humble submission,
if H.M. will be pleased to repeat her commands concerning the
said 900l., I propose that H.M. will be pleased to signify her
royall resentment, especially to H.M. Councill here, who I
think have acted very much contrary to their duty to H.M., if
not to the oath they have taken in that affair. Mr. Blair and
Coll. Carter were the persons that drew up the Address.
Mr. Secretary Jennings, tho' he was appointed to be one, was
at that time indisposed. To give your Lordships a true and
full account of this affair, as likewise of the state of this H.M.
Colony and Dominion of Virginia in all respects, more particularly
concerning the Laws, I have proposed to him to go and wait
upon your Lordships, which I hope in God he will do by the
next convoy on Sept. 16, his so doing I humbly conceive being
both for H.M. interest and service. I propose to send by him
copys of the Laws which the Revisors have finished, as likewise
of those now in force, it not being possible for his going now,
because there will be such a great deal of writing both of the
Laws and other things, I hope that your Lordships will be
pleased not to take it amiss that he waits on your Lordships no
sooner, but I hope in God, that what I design to send by
Mr. Secretary, and the account that he will give your Lordships,
will be to your satisfaction, and so answer my design of his going
for England. So soon as our General Court was done, in the
latter end of April, I went for New York, where I had the honour
and happyness of meeting H.E. my Lord Cornbury; and I had
the good fortune of fully discoursing affairs with his Lordship
concerning H.M. interest and service; and we agreed in every
thing and I hope we have intirely settled a correspondence which
may be for them. H.E. Coll. Dudley was not there; but if
Coll. Seymour should arrive early in the Fall, and can possibly
go to New York, I will endeavour to go along with him. H.E.
my Lord Cornbury I don't doubt hath given your Lordships
an account of the principall things of which we discoursed, and
particularly of what I spoke to his Lordship about the proposall
which he had made to your Lordships concerning attacking
Canada, it was that, with his Lordship's good liking (which he
approved of) I would most humbly propose to your Lordships
(which I do now doe) that I might either be the next person in
command to him, or go with his Lordship as a Voluntier, and
either of these without any charge to H.M.; for I think my self
every way in duty obliged to serve H.M. with my life and the
small estate I have, whenever H.M. interest and service requires
it. I did not know how prejudicial it might be to them in case
the French should have intelligence that the Assembly here
had not complyed with H.M. royall commands concerning New
Yorke; for it was too publick and they might think there was
some misunderstanding between the Governours: therefore I
went my self, and preferr'd my Lord my own Bills of Exchange
for the 900l. which he took and was pleased to give me a receipt
for them, and herewith is a copy thereof, which is most humbly
transmitted to your Lordships. Signed, Fr. Nicholson. Endorsed,
Recd. 5th, Read Oct. 8, 1703. 3 large pp. Enclosed, |
|
944. i. Abstract of preceding. 1 p. |
|
944. ii. Lord Cornbury's receipt for 900l. received from
Governor Nicholson for the Quota of Virginia, July 23,
1703. Endorsed, Recd. Oct. 5, 1703. Copy. ¾ p. |
|
944. iii. Address from the Council of Virginia to H.M. in
answer to H.M. Letter relating to the Quota for New
York. April 10, 1703. See supra pp. 342–344. Signed
by the Council. 1 large p. Endorsed as preceding. |
|
944. iv. Address from the House of Burgesses of Virginia to
H.M. in answer to H.M. Letter relating to the Quota
for New York. April 10, 1703. See supra pp. 344–346.
Signed by the Assembly. 1 large p. Endorsed as
preceding. |
|
944. v. Copy of Address of Burgesses of Virginia to H.M.
relating to the Quota. Sept., 1701. [See Calendar A.
& W.I. 1701. No. 893.] 1 large p. [C.O. 5, 1313.
Nos. 25, 25.i.–v.; and (with enclosure ii. only) 5, 1360.
pp. 418–422.] |
July 23.
Whitehall. |
945. Earl of Nottingham to the Council of Trade and
Plantations. I send you herewith the extract of a letter which
I have received from Sir Bevill Granville, dated at Barbados,
June 4th (q.v.), that you may be the better prepared for the
representation to be made to the Queen of what is necessary
for H.M. Plantations in America at such time as it shall be proper
to lay the same before H.M. Signed, Nottingham. 1 p.
Enclosed, |
|
945. i. Extract of Letter from Governor Sir B. Granville to the
Earl of Nottingham. Barbados, June 4, 1703. All
the account I am yet able to give your Lordship of
this place is that I find it very sickly and the sickness
very mortal: the Fortifications bad and in very ill
order; the Militia, which is its best strength, by sickness
and the difficulty of getting white servants from Europe,
lessen'd to a degree very unequall to what the defence
of it requires. The whole endorsed, Recd. Read July 27,
1703. [C.O. 28, 6. Nos. 100, 100.i.; and 29, 8.
pp. 316, 317.] |
| July 23. |
946. Sir Edward Northey to the Council of Trade and
Plantations. In obedience to your Lordships' Order of Reference,
June 4, I have perused and considered of an Act passed at Nevis
Decr. 21 last, entituled an Act for the better securing and confirming
the titles of land in this Island, and do conceive the same not
fitt to be confirmed, by reason that by the clause confirming
the titles of lands in that Island to the possessors thereof, which
are intended only to such possessors who have had possession
thereof for seaven years; the word (or) being inserted for (and)
as the same now stands, the possessors of land by disseisin at the
time of the making the Act, though they never had possession
for any time before, will be by this confirmed in such possession
against all persons whatsoever. Signed, Edwd. Northey.
Endorsed, Recd. 26, Read July 27, 1703. 1 p. Attached, |
|
946. i. Memorandum, The Act of the same title passed in
June, 1701, was repealed Dec. 21, 1701. [C.O. 152, 5.
Nos. 32, 32.i.; and (without Memorandum) 153, 8.
p. 203.] |
| July 23. |
947. Journal of Council of Trade and Plantations. Ordered
that copies of two Acts of New Hampshire be sent to the Bishop
of London and his opinion desired thereupon. |
|
Upon further consideration of Lord Cornbury's letter, May 29,
the Secretary was ordered to write to Mr. Penn. (See supra
No. 941.) [C.O. 391, 16. p. 187; and 391, 97. p. 529.] |
| July 23. |
948. Minutes of Council of Jamaica. The Governor communicated to the Board a petition of 18 masters of merchantships
now in Kingston Harbour, complaining that by reason of
Admiral Graydon's impressing most of their men, and the sicknesse
of others, they have not been able to get ready against the time
limited by the Admirall for the sailing of the convoy, at the
beginning of the next month, and praying that the convoy might
be stayed till the 20th. The Council advised the Governor to
send a copy thereof to the Commander of the convoy, and to
recommend it to him as a thing very much for H.M. and our
country's service, being it would be a great detriment to both if,
for want of convoy, soe considerable a number of merchantships
with their loading should fall into the hands of our enemys.
Ordered accordingly. |
|
156l. 15s. 6¼d. paid to Lt. Gov. Handasyd for the maintenance
of several of H.M. soldiers, who by reason of the sicklynesse
of the places where they were quartered, were removed to
St. Jago de la Vega, and have had noe quarters, some from
January, some from February, and some from March. |
|
147l. 2s. paid to Harvey Nicholls, Deputy Marshal, on account
of expresses and other public charges disburst by him, May 26,
1702—Jan. 9, 1703. |
|
86l. 1s. 6d. paid to Henry Brabant for expresses and other
public charges. |
|
8l. paid to Geo. Dawson, joiner, for a large table for the Council
roome, and taking down a partition in the Queen's house. |
|
20l. paid to William Barton for freight to Passage Fort and
storage of H.M. artillery and stores of war sent up to this town,
and for his boat impressed and damaged in bringing over the
recruits from Port Royall. |
|
271l. 14s. 0d. paid to Edward Betterton, Deputy Marshall,
June 26, 1701—Feb. 8, 1703, for expresses and other charges
disburst by him. |
|
213l. 7s. 6½d. paid to Thomas Flower for materials and workmen
for the fortifications at Port Royal and Old Harbour. [C.O. 140, 6.
pp. 153–157.] |
| July 24. |
949. Minutes of Council in Assembly of Jamaica. Bill for
encouraging privateers was read the first and second time.
[C.O. 140, 6. p. 512.] |
July 25.
Philadelphia. |
950. Col. Quary to the Council of Trade and Plantations.
I writ to your Lordships lately by two ships that sayled from
this place, one Captain Puckle and the other Captain Watson,
both bounde for London. I do very much doubt whether the
letters will be convey'd safe. I gave your Lordships the present
confused state of this Government, all things being at a stande.
Since which is arrived 2 vessells from England and 3 more
expected dayly. As yet I have received no letters. Here is
arrived one Mr. Roger Mumpersons with a Commission from
H.R.H. to be Judge of the Admiralty for this Province, and all
the rest of the Governments on the Main, to New Hampshire.
I am very glad that I am superceeded, and do heartily wish
that I never had been concerned. I am very well assured that
Mr. Penn's malice and revenge will never leave pursuing me
till he ruines me, unless prevented by your Lordships' favour
and protection. I am no ways surprized at this new Commission,
but must think it strange that Mr. Penn should be able to impose
on the Government so farr as to preferr a gentleman to be Judge
of the Admiralty for all North America, who hath given his opinion
under his hand, that no seizing of ship or goodes for the breach
of the Act of Trade and Navigation and the Act of the 7th and 8th
of the last reign, ought to be in the Plantations but by Juryes,
and that the Admiralty hath no power or jurisdiction in any
place within the sight of lande, so that by this gentleman's opinion
the Act of Parliament and all the Commission and proceedings
of the Admiralty are all damn'd at once. |
|
Your Lordships may please to know that when Mr. Penn came
last to America, he brought with him this gentleman's opinion
under his hand, which he was pleased to show me in hopes to
have swayed my judgment. I thought it very extravagant,
however, after I had viewed it, I desired him to give me an
authentick copy and to attest it, which I have now by me, and
have enclosed a copy of it, for your Lordship's perusall. Mr. Penn
by sending this gentleman, who hath been his Council for many
yeares, hath so magnify'd his great interest, that there is nothing
too hard for him to effect. They goe on now to exercise all the
powers of Government againe without any qualification at all,
they say they know the worste and doubt not but that the Queen
will forgive them. It is the generall discourse of the Quakers,
that the Lords of Trade and Plantations are Mr. Penn's enemies,
but that he vallues them not, haveing a greater interest than all
of them, and shall be able to carry on all his designes in spite
of them all, this I am very well satisfyed comes from Mr. Penn
himself. For his Secretary, Mr. Logan, tolde a very worthy
gentleman in this country, Mr. Jasper Yeats, the very same
wordes in effect. Mr. Penn hath recommended to his friends
here that they doe amongst them settle 200l. a year on the new
Judge, which they say will be speedily done. But Mr. Penn
and all his friends have designed me for ruine, which they
threaten hard. I will not enlarge, but referre to the enclosed
opinion, which I humbly desire that you will please to peruse
and consider whether the Admiralty can any ways answer any
one end proposed for H.M. service. I will now proceed to
acquaint your Lordships with two things of great consequence
in order to H.M. service. The first is that since the fatall miscarriage against the French at Guadalupe, Antegua and all the
Leeward Islands are under a very great consternation, being
very apprehensive of the French. All French inhabitants of
Guadalupe are forced to goe a privateering, their provisions
being destroyed. There is a great number of vessells fitted out
from Martinico, they are so bold that they land at one place or
other every day, and plunder and take off negroes, so that the
people are soe harrassed and allarmed, that all who are able
to get off, do dayly. We have had here already four vessells with
passengers; yesterday came in a ship from Antegua with above
forty passengers. I sent for the Master and discoursed him,
who tells me there are a great number of inhabitants gone to
Carolina and severall to other places to the northward. I asked
him whether the Governor did put any stop to the inhabitants
leaving the Islands, he told me there was no embargo, but that
the Governor was very uneasy to see so many of the most able
men in all respects quitting the Islands. All the force they have
to secure the Islands by sea, is only a small man of war of 26 guns,
and the French have severall privateeres from Martinico of greater
force. If some speedy course be not taken, it is generally
concluded that on the first arrivall of a squadron of French
men of warr all the Leeward Islands will be lost. The next thing
that I have to lay before your Lordships is, a proposall for
securing the trade of America and distressing the French for
provisions. All the trade from North America from Barbadoes,
Jamaica and all the Leeward Islands is twice a year with
provisions and return with the produce of those Islands. I propose
that the severall Governours of the Plantations on the Main,
do order an embargo on all vessells, and not suffer any to go
but in fleets or under convoy, that the times of these fleets going,
both in the spring and towards winter, ought to be agreed on
by the severall Governours, as also the place of making up the
fleet, that the ships of war that are ordered to attend New York
and New England be ordered to convoy this fleete, by which
means it will be of no charge to the Queen, that the convoy which
goes with the fleet in the spring doe return back with them as
soon as they can be loaded, and that when they goe towards
the winter, that they stay and cruise about the Islands till the
middle of March, where they may doe great service against the
French and Spanyard, whereas shoulde they continue at New
England or New York, they woulde be shutt up with the ice and
doe the Queen no service at all. The French have no supplys
from France with provisions, nor can their Islands be furnished
in time of war, but by intercepting our vessells. When our Forces
were at Guadalupe, all the French Privateers were called in,
so that they were so distressed for provisions at Martinico, that
beef was sold there for 10l. or 12l. a barrell, but now that they
are at leisure to send out all their force in Privateers, they will
have provisions plentyer than we have. All which would be
prevented if single ships were not suffered to goe into their
mouths, but all obliged to goe in fleets under convoy. This would
also prevent the carrying so much provisions to St. Thomas,
which is in effect the same as carrying it to Martinico. Were this
proposall duly pursued, it would effectually secure all the trade
of the Main with H.M. Islands, and so distress the French that
they would not be able to victual their Privateers for want of
beef, pork, flower or bread, nor would they be able to subsist in
their Islands. I believe this proposall would be approved of by
all the Governors in America and by all the merchants. The
Dutch at Curesaw have called in all their Privateers and have
now a free and open trade with the Spaniards, far greater than
ever. This gives verry great dissatisfaction to H.M. subjects
to have their hands tyed up whilst the Dutch engross all the
trade. Signed, Robert Quary. |
|
Inclosed is a copy of Mr. Penn's Commission by which your
Lordships may see how cunningly he hath shifted off the
Government of the three Lower Counties; he hath named them
but Grants, no other power for the government of them then
what is given to him in his Letters Patents, which he very well
knows is nothing; and that they are not so much as mentioned. And though these Gentlemen of his Councill will not
quallifie themselves, yett they are resolved now to execute all
powers of Government, and depend on H.M. pardon, which
Mr. Penn can have for asking. Signed, Robert Quary. 4 pp.
Enclosed, |
|
950. i. Abstract of preceding. Endorsed, Recd. 18th, Read
Oct. 21, 1703. 2¼ pp. |
|
950. ii. Copy of Mr. Penn's Commission to the Council.
William Penn, true and absolute Proprietary and
Governour in Cheif of the Province of Pennsylvania
and Territorys thereunto belonging, to all to whom
these presents shall come sendeth greeting. Know ye
that I have nominated, appointed and ordained my
trusty and well beloved Friends, Edward Shippen, John
Guest, Samuell Carpenter, William Clark, Thomas Story,
Griffith Owen, Phineas Pemberton, Samuell Finney,
Caleb Pusey and John Blunston, to be my Councill of
State, for the Government of the said Province of
Pennsylvania and Counties annexed, of whom any four
shall be a Quorum, to consult and assist with the best
of their advice and councill me or my Lieutenant or
Deputy Governour for the time being, in all publick
affairs and matters relating to the said Government,
and to the peace, safety and well being of the people
thereof, and in the absence of me and my Lieutenant
out of the said Province and Territories, or upon my
Lieutenant's decease or other incapacity, I doe by these
presents give and grant to the said Edward Shippen,
John Guest, Samuell Carpenter, William Clark, Thomas
Story, Griffith Owen, Phineas Pemberton, Samuell
Finney, Caleb Pusey and John Blunston, or any five
of them, to exercise all and singular the powers, jurisdictions and authorities whatsoever to me and my
heirs by virtue of the Royal Charter or Letters Pattent
of King Charles II, given and granted, that are or shall
be necessary for the well governing of the said Province
and Territorys, and for the administring, maintaining and
executing of justice and providing for the safety
and well being of the said people during such absence,
they and each of them, the said Edward Shippen, John
Guest, Samuell Carpenter, William Clark, Thomas Story,
Griffith Owen, Phineas Pemberton, Samuell Finney,
Caleb Pusey and John Blunston to continue in place,
till my further order shall be known. And I doe further
hereby grant to my Lieutenant-Governour for the time
being, full power and authority upon the decease or
removal of any of the said Councill to nominate and
appoint others to serve in their place and stead, also to add
to the number of Councill now appointed and to appoint
a President of the said Councill, when and so often
as my said Lieutenant shall see cause, and in case he
shall not appoint a President, then the first named
of the next to him shall and is hereby empowered to
take the chair. Given under my hand and Great Seale
of this Province, at Philadelphia, October 28, in the
thirteenth year of the reign of King William the Third
over England, etc., and the one and twentyeth of my
government, Anno Domini 1701. Signed, Wm. Penn.
1p. |
|
950. iii. Duplicate of preceding. |
|
950. iv. Duplicate of preceding. [C.O. 5, 1262. Nos. 43,
43.i.–iv.; and 5, 1290. pp. 371–383.] |
