|
Sept. 1.
Faulkland,
St. Johns. |
1110. Capt. Underdown to the Council of Trade and Plantations.
Refers to preceding. I take leave to lay before your
Lordships the services done by Major Loyd, etc. who thorough the
whole action behaved himself with all diligence, courage and
good conduct, etc. It is with great satisfaction I have likewise
observed the friendship and decorum between him, his officers
and the inhabitants, the most effectuall means in my judgment
to secure this country in the winter from the enemy, etc. Signed,
Jon. Underdown. Endorsed as preceding. 1 p. [C.O. 194, 4.
No. 30; and 195, 4. p. 389.] |
Sept. 2.
Whitehall. |
1111. W. Popple, jr., to W. Sloper. Encloses Mr. Budge's
petition. If you have anything to offer in behalf of the Lord
Cornbury to his complaint, you are to do so in writing on Friday.
[C.O. 5, 1121. p. 98.] |
Sept. 2.
Whitehall. |
1112. Council of Trade and Plantations to Governor Hunter.
Since our letter to you of June 12, a duplicate whereof is here
inclosed, we have received letters from Coll. Jennings of Feb. 20
and June 26. We have laid the congratulatory Address of the
Council before H.M. We have discoursed the merchants upon
the want of English manufactures for the Planters, and we hope
that they will be well supplyed by the Fleet now bound to your
parts. However we think you ought as much as in you lies
to discourage the inhabitants from going upon the manufactures
of linnen and woollen. We have laid before H.R.H. what Col.
Jenings writes in relation to the want of guardships, and we
hope that care will be taken therein. [C.O. 5, 1362. p. 260.] |
Sept. 2.
Whitehall. |
1113. Council of Trade and Plantations to Governor
Seymour. Acknowledge letters of March 6 and June 10. We
observe the reasons you give for your consenting to the selling
of two criminals, Benjamin Celie and Humphry Hernaman, yet
we cannot but be of opinion that you ought not to have sold
them, which is not warranted by your Instructions; for they
ought to have been punish'd for their crimes according to Law,
and we know not of any Law that directs or authorizes the sale
of any H.M. Christian subjects in the Plantations, tho' criminals.
We are in expectation of the Journals of Assembly, Minutes of
Council, and Laws you promise us by the fleet; but we can do
nothing in relation to the Law for Towns, the Law for suspending
the prosecution of Romish Priests, and the Law relating to the
Lord Baltimore's Agents, till those Laws arrive. We shall
consider the Act pass'd in 1694, for the encouragement of learning,
now lying before the Attorney-General, and shall lay the same
before H.M. for Her pleasure thereupon. You will do well to
regulate the Courts of Justice according to the directions formerly
sent you, and we shall expect an account of your proceedings
therein, and of the effect such regulation will have. We cannot
conceive what reasons the Assembly had for rejecting
Mr. Dummer's proposals, and the proposal for punishing the
dispersers of false news, but when the Minutes of Council and
Assembly arrive, we hope that matter will be then explain'd
to us, in order to our considering the same. We shall lay before
H.M. the want of Counsellors, as also the Law about ordinary
licences at the first opportunity. And in the meantime we cannot
but take notice of the great hardship the Assembly have put
upon H.M. Patent-Officer, the Secretary, and therein of their
disrespect to H.M., in taking from him the ordinary licences,
which have been for so long time annex'd to the Secretary's
Office, and having consulted Mr. Attorney General, he has given
us his opinion that Sir T. Laurence, as Secretary of Maryland,
ought to have the benefit of the ordinary licences, the same having
been usually enjoy'd as perquisites of that office. As to your
desire of having a species of small copper money, we must refer
you to the letter writ you March 26, by the late Commissioners
of the Board, upon that subject, and shall expect your answer
thereunto. We have laid before my Lord Treasurer what you
write in relation to Mr. Plater and Mr. Muschamp, for
his Lordship's directions thereupon. We hope to hear that the
persons you have sent to demand at North-Carolina are deliver'd
up to Justice; and if there is any such Law made there for the
protection of debtors, as you mention, which will be of very
pernicious consequence, and tend to dispeopling the more useful
Colonies, we expect that you forthwith send us a full and exact
account thereof, that we may lay the same before H.M. We
have acquainted the merchants with your complaint about the
want of English manufactures for the Planters, and we hope
that they will be well supply'd by the fleet now bound to your
parts; however, we think you ought, as much as in you lyes,
to discourage the inhabitants from going upon the manufactures of
linnen and woolen. We have laid before H.R.H. the Lord High
Admiral, what you write in relation to the want of guard-ships,
and we hope that care will be taken therein. P.S.—Since the
writing of this we have discours'd with Mr. Dummer, and we
find that there has not yet been any proposal in form from him
for a correspondence by letters to and from the Continent, but he
has some thoughts of making such a proposal, and will then
lay it before us for our consideration. [C.O. 5, 726. pp. 469–473.] |
Sept. 9.
Portsmouth. |
1114. Capt. Jennyns to Robt. Holden. I spoke with the
captain of a vessel that came from Providence about 5 months
ago. See Sept. 12. Signed, Richd. Jennyns. Endorsed, Recd.
Sept. 23, Read Oct. 13, 1707. Copy. ½ p. [C.O. 5, 1264.
No. 12.] |
Sept. 10.
Maryland. |
1115. Governor Seymour to the Council of Trade and
Plantations. Having long impatiently expected the two men
of warr our London Merchants advised were ready at Portsmouth
in Aprill last to fetch home their ships here; and their being
now noe certainty when they may arrive, am obliged, least your
Lordships should impute it as a neglect of my duty, to transmitt
the Laws and Journalls of the last Assembly to Coll. Blakiston
by this uncertaine conveyance, in order to present them to your
honble. Board, but my present indisposition utterly disables
me from making remarkes on each Law, and therefore hope
your Lordships' goodness will put a favourable construction on
that omission, and if any sort of party grumble at any particular
law, your Lordshipps will gratiously suspend your judgments
till my reasons are heard and discussed, what occasions brought
about such or such a Law, etc. Signed, Jo. Seymour. Endorsed,
Recd. 20th, Read 29th Dec., 1707. 1¾ pp. Enclosed, |
|
1115. i. Address of the Governor, Council and Assembly
of Maryland to the Queen. The Lord Baltemore and
Mr. William Penn obtained two large grants of Maryland
and Pensylvania, the latter a younger grant by many
years, and the bounds of the said Provinces are contiguous, and severall of your Majesty's subjects of Pennsylvania have obtained grants from Mr. Penn or his
Ministers, and have made settlements thereby within
the Northern and Eastern bounds of Maryland, and upon
such lands as has been heretofore granted by his Lordship
to several persons within this Province, but now claimed
by and asserted to be within the bounds of Mr. Penn's
grant by the Ministers of that Government, which
has already caused great disputes, suits at law and
uneasiness among your Majesty's subjects; to the
great loss and impoverishment of your Majesty's people
in each Province. Pray H.M. to direct Lord Baltimore
and Mr. Penn to settle their respective bounds etc.
Signed, Jo. Seymour, Tho. Smith, Speaker, on behalf
of the Delegates; Tho. Tench, Jno. Hammond, Fra.
Jenkins, Edwd. Lloyd, Wm. Holland, James Sanders,
Th. Manly, Will. Coursey. Endorsed as preceding. 2¾ pp. |
|
1115. ii. Copy of Journal of Committee of Accounts of Maryland,
March, April, 1707. Same endorsement. 24 pp. [C.O.
5, 716. Nos. 35, 35.i., ii.; and (without enclosures) 5,
727. pp. 1–3.] |
Sept. 12.
Portsmouth. |
1116. Capt. Jennyns to Robt. Holden. The captain,
referred to Sept. 9, told me there was about 400 men in the
Bahamas, and that their cheifest place of settlement was Elutheria,
but much divided among themselves for want of a Governour;
and they had but seldome disputes, by reason they were so
scatter'd, one on some Island, and some on othersome; but
they had a minde to goe to Providence againe; but was unwilling
to goe before they had a Governour come there. Tradeing
is most by inrakeing salt and looking for wrecks, etc. Signed
and endorsed as Sept. 9. Copy. ½ p. [C.O. 5, 1264. No. 11.] |
| Sept. 17. |
1117. Attorney General to the Council of Trade and Plantations. Report upon the Book of Laws of Maryland, passed
1704, 1705. The Act to inable the Executors of Nicholas Milborne,
late of Talbot County, to sell his lands for payment of his debts,
is liable to several objections. It subjects the real estate to
the payment of debts on simple contract, which do not by Law
charge or affect the real estate. By it, the personal estate,
which ought in the first place to be applied to satisfie the debts,
remaines wholly exempted, to the manifest prejudice of the heir,
if there be one. The Act recites there is no heyr at law appearing.
It's probable the heyr may be either an infant, or in England, etc.,
but if there be realy no heyr, the lands escheat. The Act further
provides that all persons purchaseing under the Executors
shall hold for an absolute and indefeazible estate, and there is
not any saveing, either of H.M. right, or the Lord Proprietor,
the heyrs at Law, or any creditor. For which reasons I conceive
this Act not fitt to be approved. |
|
The Act of recognition, altho it be an instance of the fidelity
of the inhabitants, yet in regard the Province is entirely
dependant on the Crowne of England, and no such Law
has been thought proper to pass in England since H.M.
accession, I conceive improper to be passed by the Assembly.
By the Act for rectifying the ill practices of Attorneys and ascertaining the Attorney General's and Clerk of the indictment's
fees, 'tis enacted that no Process for any criminal matter or
misdemeanour shall issue out of any of the Courts of the Province
against any person without a presentment first found by the
Grand Jury; and a penalty of 5,000lb. of tobacco is laid on the
Attorney General, if he offends against the Act. This Law
is a restraint upon H.M. prerogative, Her Attorney General
being thereby restrain'd from fileing any information, in any such
case, as he shall think proper, and as is agreeable to the Laws
of England; therefore I conceive that Law ought to be rejected.
The Act against ingrossers and regrators, as to the several penalties
therein contain'd for the first, second and third offence, is prepar'd
in imitation of an Act made in the 5th and 6th Edw. VI, Cap. 14,
against regrators etc., but the offences of ingrossing and
regrating, as described in this Act, are very different from those
mention'd in the Statute of Edw. VI, and this Act of Assembly
is defective in not inserting in the Act any of the exceptions
contain'd in the Statute of Edw. VI, which make that Law
reasonable; by reason of which omission, many persons will
be expos'd to imprisonment and other great penalties, and
corporal punishments, against whom this Law cannot be reasonably suppos'd to have been fram'd, and who are particularly
excepted out of the Statute of Edw. VI. The Act is likewise,
in the most material parts of it, where the offence is described,
so ill penn'd, that the construction thereof must be very
uncertain, for which reasons, I conceive this Act proper to be
rejected. The Act for stay of executions after May 10 yearly
extends to all inhabitants within the Province, and provides
that no execution shall issue against the body or goods, after
May 10 till Nov. 10, for any debt, or on any action or judgment,
provided such person against whom such judgment is obtain'd,
together with two other persons, such as the Justices shall approve
of, confess judgment for the debt and costs of suit, with stay
of execution till Nov. 10 following, and procure a certificate
thereof, as the Act mentions. This Act seems, from the
preamble, to be fram'd in regard to the poorer sort, and in respect
of executions for tobacco, but the enacting part extends to all
persons, rich or poor, and is a perpetual Law, by which there is
to be for ever, in all cases, for half the year, an obstruction or
cessation of Justice; wherefore I conceive this Law fit to be
rejected. The Act for quieting of possessions, enrolling conveyances,
and securing the estates of purchasors, enacts, that all sales, guifts
and grants made before April 13, 1674, of any lands or tenements,
in writing, with or without seal, shall for ever hereafter be
accounted good and valuable in Law, to barr the heyrs of such
vendors, or donors, or grantors, any error, in the fform only
of such writing, to the contrary notwithstanding. 'Tis very
uncertain what will be accounted an error in form in a
conveyance; had this Act extended this remedy to such cases
only where the purchasor had had possession ever since the
purchase, it would have been less liable to exception, but as this
part of the Act is penned, it may turn the heyr, who has right,
out of possession instead of quieting the possession of the purchasor.
This Act also recites that divers assignments of Patents endorsed
thereon are worn out, and other sales in paper are worn out or
lost, for which the purchase money has been bona fide paid,
and thereupon enacts, that all sales, gifts or grants made before
April 13, 1674, by persons that right had, if either the sales,
gifts or grants or payments can be proved by witnesses, such
sale, gift or grant shall for ever hereafter be accounted good
and available to bar the heyrs of such vendors, donors or grantors,
or any person claiming dower from such donor, vendor or grantor.
The admitting such proof by witnesses, after so great a length
of time, without any writing, will render all inheritances very
precarious, especially as this Act is penned, there being no time
limitted within which such proof is to be made. The debarring
any person to claim dower, is manifestly unjust, for whatever
right the vendor had, his sale could not barr the dower of his
wife, and the length of possession in this case is immaterial.
I conceive, for these reasons, this Act fit to be rejected. The
Act for limitation of certain actions for avoiding suits at Law enacts
that no bill, bond, judgmt., recognizance, statute or other specialty,
shall be good and pleadable, or admitted in evidence, against
any person of this Province, after the principal debtor and creditor
have been both dead 12 years, or the debt or thing in action
above 12 years' standing. This Clause is very unreasonable,
there being no exception or provision made thereby to secure
the right of infants, ffeme coverts, ideots, or persons beyond
the seas, or their liberty of sueing for their just debts, after those
impediments are removed. This Clause likewise destroys the
security of 12 years' standing, tho interest has been punctualy
paid those 12 years for the whole debt. It likewise destroys
all securities of 12 years' standing, which may be made for
performance of covenants of a much longer duration. In case
a debtor be insolvent, or in such low circumstances that the
creditor, in compassion to him, does not take out execution
upon his judgmt. or sue on any other security within 12 years,
the security is taken away by this clause, tho the debtor afterwards grows responsible. I conceive this Act, for the sake of
this Clause, fit to be rejected. By the Act providing what shall
be evidence to prove foreign and other debts, etc. the depositions
of witnesses taken without any Commission issuing out of any
Court before a Public Notary in any fforreign parts whatsoever,
and without any notice given to the debtor, so that he or any
person on his behalf might be present at such examination,
and cross-examine the witnesses, or the creditor, if he thinks
fitt, are made evidence to prove any debt on bill, bond, account
or otherwise, against any inhabitant within the Province, the
creditor only makeing oath at the same time, before such Notary,
of the truth of his debt; such oath being transmitted together
with such proof by the said Notary into this Province. It likewise enacts that an account of goods sold, work done, money
lent or such other articles as lye in account, and sworne to by
the plaintiff in any action brought, or by the defendant in his
defence in discount of all or part of the plaintiff's claime before
any one Justice of the Provincial Court or two Justices of the
County Court shall be reced. as evidence to prove the fact in
any Court of the Province, provided any plaintiff or defendant
against whom such oath is given in evidence, be at liberty by
any other evidence besides his owne, to falsify such proof. This
Act seems unreasonable, it making that evidence in several cases
which in its own nature is not, nor in justice ought not to be so.
The depositions of witnesses are not, nor ought not to be evidence,
unless where the adverse party has an opportunity of crossexamining them, much less where the adverse party has not so
much as notice of the examination, nor doth it seem reasonable
that any examination of witnesses should be admitted out of
Court, without a Commission. 'Tis likewise against common
justice that the oath of the plaintiff should be admitted as a
charge, or the oath of the defendant as a discharge, but could
it be thought reasonable that any proof of that nature ought
to be admitted, an equal regard ought to be had to the oath
of each party; but as the proviso is there drawne, he that
swears first excludes the other from swearing, and his oath is
to stand as evidence till falsified by some other evidence besides
the adverse party, I conceive this Act not fit to be approved. The
Act for ascertaining the bounds of a certain tract of land to the use
of the Nanticoke Indians, etc. provides that the Indians, the
ancient inhabitants of this Province, should have a convenient
dwelling place in this their native country, free from the
encroachments of the English, especially the Nanticoke Indians,
who have always liv'd in obedience within the Province, and
it ascertains and bounds a tract of land for their dwelling for
ever—to which I have no objection—but it enacts, that such
tract of land shall be held of the Lord Proprietor and his heyr
for ever. Whereas since the resuming of that Government
by his late Majesty, I conceive that the tenure ought to be of
H.M., Her heyrs and successors only. It likewise reserves a
power for the Lord Baltemore, the late Lord Proprietor, to have
and demand any rent or service for any parts of the said tract
as may have been taken up within the said Indians' boundaries,
under the limitations mentioned in the Act, which I apprehend
to be inconsistent with H.M. right, since the resuming that
Province. But I am not appriz'd in what manner the
Government was resum'd by ye late King, whether upon any
legal proceedings or not, and therefore can give no certain opinion
as to this Law. By the Act for publication of marriages the Civil
Magistrate is enabled to marry, as well as any person in Orders,
which I humbly conceive nothing but the utmost necessity,
and want of persons in Orders to perform that duty, can justifie;
whether there be such a necessity or want of persons in Orders,
your Lordships are the best judges. By the Act for Appeals,
and regulating Writs of Error, all judgments by the Governor
or Council upon any review or examination of any decree, are
declar'd to be final, and the benefit of appealing to H.M.
is taken away unless the original debt or damages exceed 300l.
sterling. I think 'twould be highly reasonable to prevent appealing to H.M. in matters of small value, without first giving security
to answer the debt or demand decreed, together with all costs
occasion'd by the appeal, according to the event of the appeal,
but it may occasion great oppression if H.M. subjects are in
all cases under 300l. value disabled from appealing to H.M.
For which reason this Law seems to me not proper for H.M.
approbation. By the Act confirming the last wills of Charles
Ascomb, late of St. Mary's County, gent., and of John Whinfell,
of Calvert County, Planter, and of John Burnham, late of Talbot
County, the wills of Ascomb, in favour of his children, and of
John Whinfell, in favour of his sons, are enacted to be good, as
to the lands thereby devised, tho' publish'd in the presence of
two witnesses only, whereas three, as is alledg'd in the Act, are
requisite. I take this allegation to be a mistake of the Law,
from an opinion that the Statute against frauds and perjuries,
made in England 29th Car. II, is there in force, and therefore
the Act as to this part of it, is unnecessasary, and may be prejudicial
in other cases. If the Law were there, as recited, then I should
think this Law unreasonable. The last will of John Burnham
is also hereby enacted to be good as to land, tho' made under
age, which is contrary to the Law of England, and there is not
any reason whatsoever alledg'd for confirming the wills, or any
of them. By the Act for the better administration of justice in
probate of wills, etc., the Judge or Commissary General for Probate
of Wills, and granting administrations, is required to proceed
in his Court according to the Law of England, except in such
cases as by this Act is otherwise directed, which are very many
and are wholly inconsistent with and repugnant to the Law of
England. Tho' in some cases it might be reasonable for them,
according to the nature of their country, to frame Laws in
some respects different from the Laws of England, yet as to the
granting administration, the power and duty of an Administrator,
and his method of administring, and the manner of distribution
of intestate estates, the same ought not to be made different
from the Law of England, forasmuch as persons dying intestate
frequently leave personal estates both in England and this
Province, and letters of administration may be granted out of
the Prerogative Court, which will affect the whole personal estate.
The Judge or Commissary General for Probate of Wills is required,
ex officio, to call Administrators to account within 12 months
after the administration granted, and if the Administrator do
not give a satisfactory account, the Judge is impowered to revoke
the first letters of administration de bonis non to some other
person, and so toties quoties. This is contrary to the practice
and Law in England, and would not only cause a great charge
and uneasiness to all administrators, but also to the creditors
of the intestate. This Bill establishes a method of distribution,
as it ought to do, according to the Statute made in England
in the 22nd and 23rd of Car. II for distributing intestates' estates.
But the provisions made by the 29th Car. II at the end of the
Act of Frauds and Perjuries, and by the Statute of James II
for reviving and continuing several Acts of Parliament therein
mentioned, touching intestates' estates, are omitted. 'Tis
expressly provided by this Act, that no orphan shall be placed
under or bred up by any person of a different religion from his
Father. By this provision, if the Father was Papist, the infant
cannot have a Protestant guardian. Amongst many other rules
establish'd by this Act, 'tis provided that the money, plate, rings
and jewels of the intestate shall not be used or disposed of by
the Guardian, but deliver'd by him in specie to the orphan,
when he comes of age. This prevents the improving the personal
estate for the benefit of the orphan, it may be necessary and
advisable in many cases to convert the personal estate, consisting
in plate, rings and jewels, into money, and place the same at
interest, or otherwise improve the same. By the 6th rule in this
Act, female orphans are declared to be of full age when they
are 16, to receive their estates. This is not agreable to the Law
of England, and I think an infant at 16 too young to be entrusted
with the management of her estate. By rule 10, an inquiry is
to be annually made by a Jury before the County Court whether
all orphans are kept and educated according to their estates,
and if the Jury find they are not, the guardian is to be discharg'd, and a new one appointed. This will be a perpetual
trouble, and a great charge to guardians, which by consequence will
fall on the infant and lessen his estate. The Commissary General
is, by rule 12 of this Law, to allow the Executor or Administrator
a salary for his trouble of 10 per cent. for all money or tobacco
paid or receiv'd. By the Law in England, an Executor or
Administrator upon his account can have no salary or allowance
for his trouble. If any salary or allowance of that nature could
be made, yet 10 per cent. is very extravagant. By rule 12, 'tis
also provided, that if a residuary legatee live in England and
the Executor and Administrator convert the residuum into money,
and return it into England, he shall be allow'd, for his pains
and trouble, 10 per cent. as if he was a ffactor. This seems to
be an extravagant allowance, and an unreasonable power to be
lodg'd in the Executor or Administrator without any directions
or consent of the residuary legatee. This Act further provides
that where any considerable part of the real estate is devised
to the wife, and no express mention made that 'tis intended as
a legacy, the wife shall make her election, whether she will
wave the devise of the land and take her dower, or wave her
dower and accept the land devised in lieu thereof, but shall not
have both. This is directly contrary to the Common Law of
England. In satisfaction of the debts of any testator or intestate,
preference is given to debts contracted within the Province. This
may be prejudicial to merchants and others of H.M. subjects
not residing within that Province, and there does not seem to
be any sufficient reason for making this distinction. For the
several defects that are in this Law, tho some good provisions
are therein contain'd, I conceive this Law not fit to pass. I think
the most useful Law which could be made in this Province,
concerning Executors or Administrators, would be to enact,
that all Acts of Parliament which are or may be in force in England,
touching Executors or Administrators, shall also take place
and be in force within this Province. By the Act impowering
Major Nicolas Low, Executor of William Edmondson, late of
Dorchester County, to sell a certain tract of land etc., 'tis recited,
that Edmondson in his life-time had purchas'd a certain tract
of land from John Nicolas, and died before payment of his purchase
money, and, at the request of Nicolas, the land is enacted to be
sold, and the purchaser is enacted to hold and enjoy the same
for an absolute and indefeazible estate in fee simple, and there
is no saving in the Act of H.M. right or of the right of any other
person. This omission I observe in most private Acts of Assembly,
which pass in the Plantations. Whether, for this defect only,
your Lordships will think proper that this Act, which in its own
nature appears to be very just and reasonable, should be rejected,
is submitted to your Lordships' consideration; but it seems
very necessary, in my opinion, that your Lordships should
send some intimation of this defect to the Plantations, that a
saving clause may be inserted in all Acts of this nature, or private
Acts, of H.M. right and of the right of all other persons, except
of such persons as are intended to be bound by any such Act.
As to all the other Acts, enumerated, I have not any objection
in point of Law against H.M. approving the same. Signed,
Sim. Harcourt. Endorsed, Recd. Sept. 19, Read Nov. 12, 1707.
21 pp. [C.O. 5, 716. No. 33; and 5, 726. pp. 492–517.] |
Sept. 20.
Windsor. |
1118. H.M. Warrant for the admission of Peter Sonmans
to the Council of New Jersey. Countersigned, Sunderland.
[C.O. 5, 210. p. 65.] |
[Sept. 22.]
Carolina. |
1119. Thomas Gower to Mr. Graves. I have noe letter
from London sence yours, April 20, 1706, with the Lords'
[Proprietors of Carolina] Address to the Queen. I showed the
Address to severall, gave coppy to Mr. Croskeys, who went to
Bermuda and is fouer dayes agoe with Samuel Frith in his
briggantine arrived from the Bahamas with salt; the greatest
vessell that was here to take us, went and took and robbed
Providence, wanting provisions very much, being disappointed
here. And latly there has binn a Spanish lanch with 36 men
at Providence (robbed them), but 16 men beat them off, but
wanted a boat to take them: the french shipp that was here
tooke about 8 of the Fort gunns, there is severall passengers
gone to Elutheria from Bermudus, longin to here from you
is all from, Signed, Tho. Gower. Came to my hands Sept. 22,
from Charles Towne, South Carolina, May 10. Endorsed, Recd.
Read Oct. 22, 1707. Copy. ¾ p. [C.O. 5, 1264. No. 15.] |
Sept. 23.
Whitehall. |
1120. The Earl of Sunderland to Governor Hunter. Recommends to his favour Mr. Francis Weeks, who lives on Rappahanock
River, etc. Signed, Sunderland. [C.O. 5, 210. p. 62.] |
Sept. 24.
Kensington. |
1121. Order of Queen in Council. Repealing Acts of New
England for punishing Vetch etc., and directing that the offenders
give security to stand a new trial etc. See April 22 and Acts
of Privy Council, II. p. 516. Signed, Edward Southwell.
Endorsed, Recd. 3rd, Read 13th Oct., 1707. 2¾ pp. [C.O. 5,
864. No. 194; and 5, 912. pp. 390–393.] |
Sept. 24.
Kensington. |
1122. Order of Queen in Council. Directing Governor
Dudley to cause Vetch etc. to be tried anew in the ordinary course
of law. Signed and endorsed as preceding. 3¼ pp. [C.O. 5,
864. No. 195; and 5, 912. pp. 394–396.] |
Sept. 24.
Kensington. |
1123. H.M. Warrant for removing John Holder from the
Council and all public employments in Barbados. Countersigned,
Sunderland. ¾ p. [C.O. 28, 38. No. 65; and 28, 10. No. 47;
and 319, 1. p. 71; and 5, 210. p. 66.] |
Sept. 27.
Treasury. |
1124. Wm. Lowndes to Mr. Popple. My Lord Treasurer
desires the Council of Trade and Plantations to hear Mr. Sleford
(see June 9), having no objection to his being appointed to that
office, in case the Lords Commissrs. shall thinke it for the publick
service. Signed, Wm. Lowndes. Endorsed, Recd. Sept. 29,
1707. 1 p. [C.O. 388, 76. No. 27; and 389, 36. p. 337.] |
| Sept.-Dec. 6. |
1125. Permits for 24 ships not to be embargoed in the West
Indies. [C.O. 5, 210. pp. 62, 63, 64, 67, 69, 73.] |
Sept. 29.
Philaia., Pensylvania. |
1126. Lt. Governor Evans to the Council of Trade and
Plantations. Encloses Minutes of Council relating to this year's
Assembly, "the difference betweene whom and myself is to be
an occasion of complaint agt. me, etc. I shall not pretend to
point to your Lordships the particular instances wherein these
have by a vote of their house endeavour'd to arrogate to themselves the most exorbitant authorities, which no Assembly in
America have, nor I hope ever will, especially in that of impeachmts.,
wch. makes a president as far as it can to lay the lives and ffortunes
of H.M. subjects at the mercy of a Govr. and Assembly whenever
they can agree to take their aim at ye same mark, for here are
but two estates (the Council having no vote, only advice). But
shall leave the Minitts themselves to your Lordps.' wisdome and
jugemt., to make my defence, against their attacques; assuring
your Lordps. nothing but my earnest zeal to preserve your Lordps.
good opinion of me in the just discharge of my duty etc., has
engaged me to give your Lordps. this trouble, and not the least
apprehension of the ill grounded fury of a people drunk with
wide notions of privileges, to whom the severest checks and
reproofs from the authority att home are due, and necessary
for their well being. From the Minnits it may be suppos'd I am
to be complain'd off upon accot. of an alarme and the beating
a constable with an etc. (for they absolutely refus'd to lay before
me what they had to complaine off), which method of complaint
I hope your Lordps.' Justice will never give way to. As for the
alarme, I shall submitt to your Lordps.' judgement, whether
necessary and of service, or not. I having the honour to command
so considerable a number of H.M. subjects in a Province where
wee have no Laws for putting the people in a posture of defence,
at a time when all our neighbouring Govmts. were providing
for theirs, upon the continual apprehension wee were in of
Mons. Duberville's squadron, wch. threatned all along the main,
I thought notwithstanding the want of such Laws, I could never
answer sitting still as unconcern'd at such a juncture. Well
knowing that if H.M. Province should fall into the hands of
an Enemy without resistance, or at least my having done wtever
was possible for me to prevent so unhappy a blow (wch. God
avert) it must fall too hard upon the Commander in Cheife to
answer the losse of it, Beside ye eternal scandal and reflection
would unavoidably fall on him, tho' at the same time I knew
not how to depend upon the least assistance, wch. mad me
extreamly uneasy, and oblig'd me to take that resolution of
giving the alarm in the Citty of Philadelphia, that I might know
in case of real necessity what to expect from ye people (a thing
frequently done in the West Indies), at wch. time appear'd in
arms abt. 300 men besides officers, a poor number indeed in a
place where are near as many thousand men. And this my Lords,
wch. I design'd solely for ye security and defence of H.M. subjects,
is by these obstinate unexperienc'd people made a matter of
complaint, and indeed all my attempts for regulating the Militia
(wch. have been infinitely troublesome and not a little chargeable
to me since I arriv'd in this Province), have been clandestinely
opposed and discouraged by such sort of men as these complainants, etc. As for the other [head], I am ashamed to trouble
your Lorps. on so frivolous an occasion. I am not used to stricke,
and I beleive 'tis the only instance of ye kind can be given since
I came here, and done abt. 2 years since. 'Tis for giving a stroke
or two with my cane to an illmannerly Dutch Constable that
was rude enough to intrude upon me when I was in company.
In whatever I may have fail'd of my duty, I shall readily submitt
to your Lps.' censure, but humbly pray that these people may
not be encouraged to treat in such a manner their Govrs., who
are invested with her Sacred Majesty's authority. I can't forbear
taking notice to your Lordps. that the person your Lordps. will
see signing as Speaker to the House, David Lloyd ye Ringleader
and supporter of their wicked contrivances, is the same person,
who for his repeated insolence to his late Majesty's authority in
this Govmt. was by an expresse order of ye then Lords Justices
to Mr. Penn, commanded to be turn'd out of all posts in the
Govmt., which order (as I'm inform'd) was by mistake (I suppose)
carried away among other papers when Govr. Penn went for
England. I wish he had so behav'd himselfe as not have
occasion'd my signifying so much to your Lordps., but 'tis quite
other ways." Signed, John Evans. Endorsed, Recd. May 26,
Read June 2, 1708. 4 pp. [C.O. 5, 1264. No. 38; and
5, 1292. pp. 47–51.] |
