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| Aug. 5. |
1160. Minutes of Council in Assembly of Barbados. Error brought by Thomas Walker, to reverse a judgment given against him on an action of detinue brought by Charles Wilson, senior, in H.M. Court of Common Pleas held for the precincts of Christ Church before Richard Elliot, for a negro woman and her three female children. Judgment reversed. |
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Major Thomas Alleyne was sworn a Member of Assembly for St. Peters All Saints. |
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Writ issued for a new Member of Assembly for St. Andrews parish, in the room of the Hon. John Holder, decd. |
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Ordered that the gunners of the forts render an account of all the powder that has been delivered to them since H.E.'s arrival, and what quantity they have in their custody, and continue so to do every six months. The Committee of Accounts to give them a method for keeping their accounts for the future. |
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Order of King in Council, April 10, 1701, read (q.v.). H.E. in Council, Dec. 3 last, could not grant the petition of James Cowse for an Appeal, there not being Members of Council sufficient, by removing some of the Council therein concerned, but next Council Day, Jan. 21, H.E. signed the order on the petition for appeal pursuant to the prayer thereof. Ordered that authentic copies of all the proceedings be transmitted home under the Seal of the Island, as directed. |
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120l. sterl. paid to John Adams for his salary and the six Matrosses at Oistin's Fort, due Sept. 1, 1700. [C.O. 31, 6. pp. 14–16.] |
| Aug. 21. |
1161. Minutes of Council in Assembly of Barbados. H.E. acquainted this Board that he had chosen the Hon. Jonathan Downes to supply the place of the Hon. John Holder, late Judge of Scotland Court. The Board approved. |
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A Supplementary Act to the Act to raise and provide a strength of Labourers to clear the trenches and repair the breastworks and fortifications, was read three times, passed and consented to by H.E. |
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250l. paid to H.E. for 6 months' rent of his house. |
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Michael Terrill, Wm. Forster, Ricd. Griffin and Ann Holloway paid the remainder of the sum due to them for the hire of the Soldadoe for the late expedition to Martinique. |
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36l. 3s. 9d. paid to Edward Arnell for entertaining the Committee of Public Accounts, and 461l. 8s. 11d. for entertaining the late Court of Grand Sessions and the Jurys. |
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Petition of Sarah Dwight, for payment for entertaining H.E. and Council upon H.E.'s arrival, referred to a Committee. [C.O. 31, 6. pp. 16–17.] |
| Aug. 26. |
1162. To p. 477, line 25, add, |
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791. ii. William Penn to the Lords of the Admiralty. Philadelphia, 10th of the 10th, 1700. Honourable Friends, If I have not hitherto wrote, 'tis not of disrespect but caution being rather willing the account of my conduct should come from those that have reproached that of my Lieut., because I depend upon their honour in doing me justice, and forbear being particular in my own favour, that I may not be thought vain, where I so much value the better opinion. That which quickens this from me is the business of the Providence, John Lumbly, Commander, and to request some plain rules for our future conduct. I well remember that this Government's uneasiness at the condemnation of Lumbly was made an article against it to me at home, upon which after my arrival I made it my business thoroughly to inquire into the steps of that affair, and find our fault was chiefly this, that endeavours were made to persuade your Officers here to accept of security for the vessel, which two the most eminent merchants of the place offered to the Admiralty of England if she might proceed in her voyage, it evidently appearing to them that she was English-built, registered and duly navigated, only the certificate of her Registry, through the Master's carelessness was wanting, but shall forbear alledging particulars in defence of the people's uneasiness at that piece of rigour, seeing the whole now appears to your Court to merit your further enquiry. I shall only request that, (more than complying with the inhibition and orders already sent, which I have already done) I may have no greater share of the trouble or charge, if any follow, than I intended to have of the gain, for the Master and all others concerned here know I was resolved never to touch of any part of ship or cargo more than to give storage to and take care of the third allotted me on division of the latter, that it might be the safelyer preserved for the merchants, tho' the inhibition had never come. |
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What other slips this Government, especially Col. Markham was accused of, as I will not make it my business to vindicate him, so I hope they will not be laid to my charge, being obliged by the Queen not to put him out because he was Col. Fletcher's Deputy before without the Royal orders or consent, as by the Minutes of Council at Whitehall may appear, and I suppose he has himself sent home his vindication to the Lords of Trade and Plantations. |
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I cannot, my honble. Friends, but lament that occasions should be taken where (for my own part I can boldly say it) not the least is designed, and where I dare affirm the Admiralty meets with as much deference and compliance from the Government in general as anywhere
in the King's Dominions, and ever shall (while I am concerned) in all its just powers and commands, an infelicity I am apt to believe very much owing to the small opportunities of acquaintance the Gentlemen concerned with it here have had with the Civil Law, and the proceedings of Doctors' Commons, as some of themselves do acknowledge, and which I conceive some experienced Attorney in the practice and customs of that great and honourable Court might in a great measure prevent by distinguishing the just boundaries of the Civil and Maritime powers, where they border one upon another, wch. is submitted to the Lords' consideration of the King's service. To this unacquaintance doubtless is to be imputed their opinion that they are in all cases to act to the literal extent of their Commission, which sometimes breaks in upon our Civil Courts of Record to a degree that cannot but extremely confuse us, a practice unknown in our neighbouring Governments, where all things done infra corpus commitatus are without dispute tried by the Civil Courts only, of which N. York now the most celebrated in these Colonies and for regularity in such cases is a convincing instance. And indeed it cannot be conceived that the Courts of Admiralty, erected in these Plantations chiefly for trial of offences against the Acts of Trade and Piracy, were ever designed to extend so far as that nothing should be done afoot of the shore in any creek or river but by its powers, and that all actions of Bakers, Butchers, and Victuallers, Smiths, Cordwainers etc. suing for provisions furnished to or work done for vessels, and such like private and civil cases should be tried in the Admiralty only and without a Jury, a thing extremely dissatisfactory to the King's subjects here in general; but what I have never yet offered to prohibit, rather desiring they should be diverted from it by directions of our Superiors at home, tho' I must confess 'tis troublesome. Another thing that appears no less unreasonable I must beg leave to mention, which is that Col. Quarry being out of the Province the greatest part of last summer, about 5 months at one time, being forced to it by his trading affairs and a fit of sickness, there was a great ball fired from on board of a vessel before the town through a house on the middle of our key to the great terrour of the inhabitants, upon which among others John Moore, Advocate of the Admiralty, applied himself to me to take notice of the matter, which I did, but found it only an accident, but for coertion of such actions for the future, and for maintaining the peace as well on the water as land, I gave the Sheriff a Commission to be Water-Bailiff for the Port, and for our better guidance had it drawn by the Naval Officer of New York, then in this
Town, he being also a Lawyer of considerable practice under the Lord Bellomont and judged able in Naval Affairs in general. With this Commission Col. Quarry returning home appeared much dissatisfied, as if by it I had invaded the powers granted him by the Admiralty, which I must confess did not a little surprize me, for nothing can appear more unreasonable and absurd to me than that this country being granted once by the King's Letters Patents, both soyle and Government with the royalties of both land and water, and full power of founding cities, corporations etc., with all Courts, Magistrates and officers necessary for their Government (which by the blessing of God through my interest has in a short space been raised to a flourishing condition, and thereby no inconsiderable accession been made to the Dominions of the Crown) my power should be disputed of appointing an officer that most Mayors of Ports in England (if I mistake not) have the priviledge of, and that I who can constitute the Mayor, cannot the officer that may be afterwards appointed by him, according to the practice of our neighbouring Government of New York, nor my warrants nor orders be good astride of the shoar, tho' so absolutely necessary to the administration of justice. For I need but appeal to your honourable Board what the consequence must be if a criminal pursued or a debtor escaping, if he but step off the wharf on board any vessell, should be out of the power of all our Civil Officers, and be able to bid them defiance. Yet, unreasonable as this is, such has been my care not to disoblige the Admiralty here, that even that trivial Commission had scarce been granted, by which there have not yet been four warrants served, had the Judge been at home, or had John Moore, left in his room, seemed inclinable to act. But the peace must be preserved, and therefore I was obliged to do more than otherwise I should, not through any doubt of power, but to prevent clashing and misunderstanding till affairs might be settled pursuant to an agreement between Col. Quarry and myself, that we should represent some such things as might be thought doubtful for both our security, rather than give the least occasion to the Inhabitants of observing any misunderstanding between us. And now I earnestly request that the H. Court of Admiralty would be pleased for our safety and ease to give us their Instructions herein, and take into their consideration the inconveniency that must needs ensue upon the Civil and Maritime powers interfering with one another, which I humbly submit, requesting their notice, and that they would believe that my mentioning these things proceeds not from any design of abridging the just powers of that Court in this Province, on the contrary, I have
always countenanced it since my arrival, and of this the Judge himself cannot but bear me witness, he has shewd himself honble. to mee in it since I came hither, and I hope no resentments or uneasiness he may entertain from the inhibition of the Providence (with which I am no ways concerned more than by your commands) will divert that strain of candour he has in his discourse so largely professed me; yet I cannot but observe that tho' no other in its nature, as I take it, than a writ of error or certiorari in the Common Law, it comes not without some discouragement, and puts him upon his defence, in which I hope he will shew himself so just as not to make parties of professions, nor use names for reflections, for I am sure none in the Province that I can hear of has acted in it since my arrival, till put upon by your Order, nor were the Quakers the only people dissatisfied at their proceedings in that business, those of his own sentiments being equally uneasy at their rigour. But if anything reflecting should unhappily escape any of the officers' pens, I hope you will be pleased to favour me with the knowledge of it, and if it be not clear'd to your satisfaction, then let me fall under the censure, which I should be unwilling to incur at any rate. In fine, to show how far I have been from discouraging any of the Admiralty Officers here, I have made the Advocate of that Court Attorney General, and our Under Sheriff is their Marshal, which cannot be thought to look as if it were designed we should draw two ways. Sometime since I recd. a letter from your Secretary requiring Robt. Bradenham, Kidd's Doctor, to be sent home, wch. I then omitted to answer, having done it by sending him 4 months before by the King's Commands to the Lord Bellomont, with all his treasure, not forgetting his little negro, without deducting one farthing for all our charges of conveying him to N. York, or trouble of finding the money wch. was considerable, for all wch. I have been thought punctual to a fault by some perhaps of whom you have a good opinion. And if I may make bold to add this and say in my own right without ostentation, I have endeavoured to serve the King with the utmost application and integrity (of which I presume the Lords of Trade and Plantations are satisfied) and in all things have preferred his interest before my own, tho' they have greatly suffered by it, and that without the least allowance for it anyway, or even of claiming those royalties wch. your Advocate is of opinion by my grant I am entitled to. The length of this I must say would need an apology, if it were not a letter of business as well as respect, but I have done when I have assured you, as now I do, that I shall on no occasion claim any privileges by being a Proprietary against the zeal and duty that is expected
from or should recommend any King's Governour when his service is concerned. Endorsed, Recd. Read Oct. 15, 1701. Copy. 5¼ closely written pp. [C.O. 5, 1261. No. 18.ii.; and 5, 1289. pp. 278–290.] |
