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