|
Aug. 6.
Whitehall. |
1000. Council of Trade and Plantations to the Lord High
Treasurer. We have understood by letters from New Yorke,
and by applications made to us here, that the payment of the
four Companies in that Province is in great disorder, which may
be very prejudicial to H.M. service; Captain Nanfan, the late
Lieutenant Governour, being under arrest, upon account of their
pay and bills drawn by him; so that we thought it our duty
to represent the same to your Lordship, that your Lordship may
be pleased to give such directions therein as may best conduce
to the putting an end to those disorders. Signed, Dartmouth,
Robt. Cecill, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen,
Mat. Prior. [C.O. 5, 1120. p. 16.] |
Aug. 6.
Whitehall. |
1001. Council of Trade and Plantations to Governor Dudley.
Having in our letter of July 29, acquainted you with our intention
to use our best endeavours, that H.M. may be pleased to send you
some great gunns and stores thereunto appertaining; we are
now further to inform you, that our report of the want thereof
for the Castle of Boston, having been laid before H.M., according
to what you had writ us, the same was graciously received, and
we do not doubt but some supply might have been obtained, if
we could have specifyed the particulars. But your letters in that
respect having been too short, the same was referred to further
consideration. We desire you therefore in order to our better
proceeding on the like occasions hereafter, to send us a plan of
the Castle of Boston, of that on Castle Island and of all other
fortifications under your Government, made or to be made, with
a specification of the guns that are already there, and of the guns
and other materials which you desire may be furnished to them;
that we may be thereby inabled to lay before H.M. such a
particular state of the matter as may be necessary. Signed,
Robt. Cecill, Ph. Meadows, Wm. Blathwayt, Mat. Prior. [C.O.
5, 911. pp. 115, 116.] |
Aug. 6.
Whitehall. |
1002. William Popple to William Penn. The Council of Trade
and Plantations have ordered me to send you H.M. order in
Council, Nov. 30, that the same be accordingly observed. [C.O.
5, 1290. p. 365.] |
| [Aug. 6.] |
1003. S. Thomson to the Council of Trade and Plantations.
Returns thanks for recommendation for post of Attorney General
of Virginia, and prays for a recommendation to the Admiralty
for a passage for himself and family on board one of the men of
war now bound thither. Endorsed, Recd. Read Aug. 6, 1703.
1 p. [C.O. 5, 1313. No. 26; and 5, 1360. pp. 406, 407.] |
Aug. 6.
Whitehall. |
1004. William Popple to Josiah Burchett. Recommending
S. Thomson for a passage as above. [C.O. 5, 1360. p. 408.] |
Aug. 6.
Whitehall. |
1005. Council of Trade and Plantations to the Queen. We
herewith humbly lay before your Majesty an Act past in your
Majesty's Island of Nevis Dec. 21, 1702, For the better securing
and confirming the Titles of Land in that Island, upon which having
consulted your Majesty's Attorney General in point of law, and
finding that by the clause confirming the titles of land to the
possessors thereof (which confirmation is intended only to such
possessors who have had possession thereof for seven years)
the word, or, being inserted instead of the word, and, the possessors
of land by disseisin at the time of making the said Act, tho' they
never had possession for any time before, would thereby be
confirmed in such possession against all persons whatsoever,
which is apparently a mistake and contrary to the true intent
of the Act, we humbly offer that your Majesty would please
to declare your disallowance of the same. Signed, Rob. Cecill,
Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior.
[C.O. 153, 8. pp. 205, 206.] |
Aug. 6.
Whitehall. |
1006. Journal of Council of Trade and Plantations. Upon
intimation from Mr. Bennet that, having been out of town when
notice was given him to attend, he was desirous to wait upon
their Lordships with papers from his brother whensoever their
Lordships shall think fit, ordered that he have notice to bring
them with an abstract on Tuesday. |
|
Letter from Mr. Stephen Thomson read, and letter to Mr.
Burchett ordered accordingly. |
|
Letter to Col. Dudley signed. |
|
Letter to the Lord High Treasurer signed. |
|
Representation upon an Act of Nevis signed. |
|
Order of Council, July 30, concerning Mr. Penn's Instructions
relating to the Acts of Trade, read. |
|
The Lord Bishop of London's notes upon the two Acts of New
Hampshire read, and ordered to be taken into consideration
together with the said Acts, when the Board shall be ready to
report upon them. [C.O. 391, 16. pp. 197–199; and 391, 97.
pp. 557–559.] |
| Aug. 7. |
1007. Attorney General to the Council of Trade and Plantations.
I have considered the Act of New Hampshire for the confirmation
of town grants, and am humbly of opinion that it is fitt that the
same be repealed, for that it confirms all grants of lands that
have been heretofore made unto any person or persons by the
inhabitants of the respective towns within that Province or by
the Select Men or a Committee in each towne, without having
any regard to a saveing of the rights of any persons who might
be intituled to the same before the makeing such grants. I
have also considered the Act to prevent contention and controversies
that may arise concerning the bounds of the respective towns within
this Province, and am of opinion that this is also fitt to be repealed,
if the same intrenches on the rights of particular persons, as I
find by Mr. Popple's letter the same hath been made to appear
to your Lordships. Signed, Edw. Northey. Endorsed, Recd.
Read Aug. 13, 1703. 1p. [C.O. 5, 863. No. 47; and 5, 911.
pp. 124, 125.] |
Aug. 7.
Boston. |
1008. Minutes of Council of the Massachusetts Bay. H.E.
communicated to the Council several letters just now received
from Piscataqua, intimating the discovery of some French Indians,
at or near Newichewannock; he acquainted them with the orders
he had already given to the forces in those parts, for scouting
and marching, and those in the County of Essex and Middlesex,
which was thought sufficient until further intelligence. |
|
Ordered, that the Selectmen and Overseers of the Poor of Boston
do take a list of the names of all the free male negroes in the
town capable of labour, with their wives and children dependent
on them, and present the same to H.E. the Governor, and that H.E.
be pleased to direct that they do some publick service equivolent
to the dutys performed by H.M. subjects in traynings and
watchings. [C.O. 5, 789. p. 525.] |
Aug. 8.
Barbados. |
1009. Governor Sir Bevill Granville to William Popple.
Refers to enclosures. The Coventry and Kinsale men of war saile
to-morrow with the trade that shall then be ready, they goe
from hence to the Leeward Islands, which is a greivance to the
vessels bound from hence, it being directly out of their way and
may be fatal to them if the high winds should blow, which we
alwaies expect at this time of the year, when the ships from
hence and those at the Leeward Islands are joyned. I beleive
the fleet will consist in near 100 sail. Signed, Bevill Granville.
Endorsed, Recd. 22nd, Read Oct. 25, 1703. Holograph. 2pp.
Annexed, |
|
1009. i. Abstract of preceding. 1p. |
|
1009. ii. List of 51 French prisoners sent to England from
Willoughby's Fort on board several merchant ships.
Aug. 3, 1703. Endorsed as preceding. 2pp. [C.O. 28,
6. Nos. 104, 104.i. ii; and (without enclosures) 29, 8.
pp. 332, 333.] |
Aug. 8.
Barbados. |
1010. Governor Sir B. Granville to the Council of Trade and
Plantations. The Gunners sent over hither by H.M. and appointed
to be paid out of the 4½ p. cent., doe not yet know where they
are to demand their pay: they will be under great hardships,
if they are not put on an establishment whereby they may receive
their pay here, and that regularly; for the present Mr. Cox has
supplyed them upon my ingagement to see him reimburst. I
take the liberty to lay this matter before your Lordships being
all here under your care and protection, and do earnestly desire
that by the repayment of Mr. Cox I may be discharged from my
obligation to him, and that for the future there may be such
orders sent hither as will impower the Commissioners of the
Revenue to give the Gunners their pay regularly. Signed, Bevill
Granville. Endorsed. Recd. 3, Read Nov. 5, 1703. Holograph.
2pp. [C.O. 28, 6. No. 104; and 29, 8. pp. 339, 340.] |
Aug. 8.
Antigua. |
1011. Governor Codrington to the Council of Trade and
Plantations. My good Lords, I have received your Lordships'
pacquet to-day by the advice boat, but I still continue so
wretchedly weak and my head so dizzey that I can scarce read
your Lordships' letters, much less answer them as I should. The
fleet is expected every minute from Barbadoes, so I cannot hope
to write to your Lordships to any purpose till the next Pacquet
boat. I expected a Furlow by this ordinary, but find myself
abandon'd by all my friends. Never man who liv'd was ever
redue't to so low a condition as I have been; having lost every
drop of blood in my veins, my eyesight and the use of my limbs.
I beleive I cannot perfectly recover without a voyage to Europe.
I should have been very well content to have lost my life, which
everyone knows I ventur'd freely enough, provided Mr. Walker
had done his Duty. Had he staid out his time at Guardaloupe,
we should have been Masters not onely of all the people of that
Island, but 800 the very choicest men of Martineque; and then
the remaining conquests would have been very easy. Now we
suffer for our own victory. The ruin'd people are all turn'd
privateers, and these Island must starve and perish, if care be
not taken of them. Signed, Chr. Codrington. Endorsed, Recd.
15, Read Oct. 18, 1703. Holograph. 2pp. [C.O. 152, 5.
No. 33; and 153, 8. pp. 211, 212.] |
Aug. 9.
Barbados. |
1012. A. Skene to the Council of Trade and Plantations.
Enclosing the last Quarterly Minutes, "but all the Ruled Paper
being gone which you were pleased to send over, I am oblidged
to transcribe them on such as I can gett here." Signed, A. Skene.
Endorsed, Recd. 25, Read Oct.29, 1703. 1p. Enclosed, |
|
1012. i. Memorandum of Minutes of Council of Barbadoes,
Feb. 28, 1702/3—May 18, 1703. ½ p. [C.O. 28, 6.
Nos. 105, 105.i.; and 29, 8. pp. 338, 339.] |
Aug. 9.
Barmuda. |
1013. Lt. Governor Bennet to Mr. Popple. You'I see by this
voluminous pacquet (which I desire you to lay before their
Lordships) that I have sent what chiefly relates to Mr. Larkin
and myself; Sr. all I beg of you only to consider when you read
my letter and vouchers, how much I have been injured, and
pray observe what little reason Mr. Larkin had to differ with me,
and then I am satisfyed I shall not suffer in your opinion. I
am very sensible what great trouble we create to you and your
Office, at which I am concerned but not to be avoyded by me etc.
Signed, B. Bennett. P.S.—Sr. As I was closing this pacquet a
sloop came in from Boston in New England, and brought me
severall letters from their Lordships of March 16, 170½ and
March 2, 1702/3 and March 19, 170½. What answers are
expected to the same I will returne by the first opportunity.
Signed, B. Bennett. P.S.—I have returned that letter directed
to Mr. Larkin (which I suppose came from your Board) in my
former pacquet, and yt that came enclosed with it from Sir Charles
Hedges, I have returned it to himself, Mr. Larkin being gone
before they arrived. Endorsed, Recd. Oct. 11, 1703. Holograph.
2 pp. [C.O. 37, 6.No. 1; and 38, 5. pp. 450, 451.] |
Aug. 9.
Bermuda. |
1014. Lt-Gov. Bennett to the Council of Trade and Plantations. Repeats beginning of No. 538. Since my last I have received
three pacquets (one of which was from my Lord Nottingham);
they were sent to me by the Governour of Barbadoes who arrived
there in May. Those pacquets from your Lordships contained
letters of November 30, January 26, March 2 and a duplicate
of the same. In that of November 30 was enclosed a duplicate of
H.M. Order in Council of November 14, 1702, relating to the
disallowance and repealing an Act of Assembly, entituled an Act
to prevent the oppression and extortion of officers, which Order
I have taken care to publish and have it endorsed at the end of
the said Act entred in the Assembly Book. In that from your
Lordships of March 2, I find Mr. Larkin has made great complaints
of his hard usage here, and of the little respect that was paid
to his Commission, and your Lordships seem to blame me for not
showing kindness and civility to him as H.M. Officer, nothing of
all which was wanting to the utmost of my power, as will be made
appear; and as his complaints are refer'd to an examination at
his return to England, which I presume is in order to doe him
justice, so I beg to have leave to come over and answer for myself,
and make good my charge against him, wherein I doubt not but
to make appear, that his indignities to me as Governour was
more than I ought to have bourne, and as for his barbarous
reflections, affronts and abuses to me as gentleman, they are
beyond president, and I beg leave to observe that his imprisonment
was not on account of my resentments, but for crimes committed
against his late Majesty and this Government, so that I hope
his being sent to the Castle, will in no measure be thought
satisfactory for my being ill used, and although he complains of
my want of respect to his Commission, yet if it had not been
for the regard I had to it, Mr. Larkin should have been made
sensible that I was not to be treated after soe infamous a manner,
and I doubt not but your Lordships will represent it to H.M.
accordingly when matters are duly examined into. I also
acquainted your Lordships by Mr. Popple, that I have received
a copy of Mr. Larkin's letter to your Lordships of August 19,
to which I have returned herewith (I hope) a satisfactory answer,
and as I must ever acknowledge your Lordships' great favour
and justice in sending it to me, soe I dispute not but your
Lordships will doe me right therein.—I also acquainted Mr.
Popple, that I have received four pacquets from my Lord
Nottingham all of May 7 was twelve months, with orders to
proclaim war, which was accordingly done on September 20,
and before that time upon consulting with the Council, H.M.
had been proclaimed the 3rd of the same month. I also gave an
account that on September 13 last, ten large French vessells
were seen off from the West end of those Islands, whereof two
run a shoar, and one remains a wreck, but I think it needless to
proceed any further in that account, having so often transmitted
it. Since my last, a letter came from Mr. Scheen, Secretary of
Barbados, to Mr. Larkin which informed him he was made
Secretary of all the Leeward Islands, whereupon Mr. Larkin
desired I would let him goe to his post, which I readily consented
to, without taking any manner of security from him; and upon
his going he was persuaded to let me have copies of Affidavits
he had taken as publick Notary since he came into this
Government, and if any of them are made use of before your
Lordships to my prejudice, I desire my brother, Mr. John Bennet,
living in Essex Buildings, may be sent for, who is instructed
what to say on my behalf. I have herewith sent an Affidavit
of one Mr. Greatbeach, wherein your Lordships may see how
I and the Council are abused by the late Sheriff, and I hope as
I am here on H.M. Service, such barbarous practices will not be
suffer'd: I conclude Mr. Jones has waited on your Lordships
long before this can arrive, and presume he brought one with him
as an evidence, which, if the same man I mean, will prove a fit
fellow for Jones his purposes. The person I suspect is one Robert
Cunningham a soldier in Capt. Sands his Company here, who
has deserted the same by not returning from Carolina, to which
place he had leave to goe on some extraordinary occasion as his
Captain pretended to me; He is a Scotchman pritty tall, used
to wear a fair perriwig, has reddish hair, freckels in his face, and
large ones on the backs of his hands. I conclude he has not
appeared under the character of a soldier, and if he has not
answered all Mr. Jones his expectations, but can be found out
and summoned again, I beg (if this deserter has sworne or
pretended anything to my prejudice) that he may be sent for,
and that Mr. Davis (who is my Secretary and comes over with
this pacquet) may be ordered to attend att the same time, and
be admitted to make his objections to both their informations.
And I further request, that untill I am permitted to come home,
that my brother and my Secretary may be sent for when anything
is before your Lordships concerning the dispute between me,
Mr. Larkin or Captain Jones; for they are in a great measure
capable of answering to what questions can be asked relating
thereunto, and I doubt not only to be justifyed in my proceedings,
but that my injurys will appear soe intollerable, that it requires
a great deal of Christianity to say they can ever be forgiven,
for I would much rather dye than live under the scandall and
infamy that Mr. Larkin and Jones have dilligently spread abroad
of me. Therefore I must once more intreat your Lordships to
be of opinion, that it is reasonable and necessary that I have
leave to come home, and to represent it to H.M. accordingly,
that I may appear and justify myself and make good my charge
against Mr. Larkin. I know he will pretend what reflections he
made on me was when under confinement, but my Lords if that
was a reasonable excuse, the affidavits plainly shows that he
reviled me before that happened, and also after he had his liberty,
when he pretended to goe in the sloop Shadow to Jamaica; and
I doubt not but he continues it now wherever he goes, it being
according to his repeated expressions, that he would spoile my
reputation in the West Indies. I did mean to have given your
Lordships a regular account of all transactions from the date of
Mr. Larkin's landing here, to the time of his going away, and
accordingly had prepared the same; but it proved so very long,
that I feared your Lordships would not have leasure to hear it
read, therefore I have only sent herewith heads of it, and the
account at large I have enclosed to my brother, whereby he will
be instructed (together with having transcripts of all papers I
send to your Lordships) to answer most questions that can be
asked him, and also quallifyed to acquaint your Lordships of
my grief. On the 9th instant a briganteen called the Loyaltie,
William Mallagain master, came in here, who left Portsmouth
in February last, but being disabled by bad weather, was forced
to put for Lisbon, by which I received two pacquets, one from
your Lordships the other from Mr. Popple, that from your
Lordships bears date July 13, 1702, with an order enclosed
relating to Collonel Day's returning home with his effects, a
duplicate of which was produced to me by him when in Councill
some time before he dyed, and ready obedience was given
thereunto: that from Mr. Popple bears date November 30,
being the originall of the aforementioned duplicate relating to
the disallowance and repealing an Act of Assembly, entituled
an Act to prevent the oppression and extortion of officers. From
Virginia I am advised that a vessell came in there on the first of
June last from the Coast of Guinea (belonging to that Company)
commanded by Capt. Thomas Arhard, who reports that two
French ships had taken off of Angola one of the Companies
ships and two Dutch vessells, and that he saw the French engaged
with two other ships which he supposed to be Dutchmen. From
Nevis I am informed that a ship belonging to Bristoll, Captain
Bennet Commander, bound to Antegua, was boarded and taken
in that latitude by two French Privateers about May 16. From
Antegua I hear that a French Privateer came into the Old Road
of St. Christophers, and carryed away in the night a Briganteen
belonging to that place, loaded with sugar and ready to sayle
for England. The Barbados fleet arrived there about the last of
June. I had like to have omitted acquainting your Lordships
that Mr. Larkin very much insisted on having the rules and
methods back again that he gave for our information in holding
Courts of Admiralty; the reason of which I can't imagine, neither
doe I think he ought, for all the Commissioners signed to them,
as agreeing to what he prescribed, and ordered it to be made a
record, a copy of which I have now transmitted; one direction
in it I doe not well understand, for he says the Register in case
of condemnation is to pronounce sentence of death, which I
thought was the President's business, but I shall submit to his
rules, as being ordered soe to doe. Mr. Larkin by his warrant
had one Capt. Samuell Gilbert taken up, on account of taking a
Pereauger from the Spaniards in the time of Collonel Day's
Government, and when he was brought before him he had little
to say to the Prisoner; and bid him come again in four or five
days, without obliging him to put in bail or continuing him in
custody; which with submission I think is irregular. The
proceedings against the said Gilbert in my predecessor's time
concerning the pereauger are herewith transmitted, and desire
to know what must be further done therein. I have also sent
the examinations of Collonel Outerbridge, Mr. Dickenson and
others, who were taken up by my warrant as accessorys in piracy,
with the Commissioners' opinion thereon, and also a remonstrance
from those persons to me relating to that prosecution. By a
vessell that came in here from St. Thomas's, I understand that
French Privateers are now thick in the sea, and that there are
already 26 saile fitted out of Martinico. Upon examining the
Master of this sloop about his voyage, I found he went with a
freight of tarr, porke, beer, flower and bacon from New York,
and was consigned to a person in St. Thomases, and added it
was very usual for vessells to goe with provisions from the
Norward thither. The meaning I relate this to your Lordships
is, that the French nor Spaniard will want provisions when they
can be supplyed by way of this neutral port. The return thats
made for these goods are rumm, sugar and molasses. By a letter
that just now came to me from the Chief Justice of Carolina,
I am informed that Capt. Jones (the late Sheriff here) carryed
his wife and one Holbeach her brother before the said Chief Justice,
who made oath that I knew and was consenting to Jones his going
away from hence, and that I wished him a good voyage. Now
(if this were true) how these people could swear it I can't imagine,
for I affirm, that neither his wife nor brother was with him when
he came to me, at any time after he published his name to be
gone. As for knowing he was bound to Carolina, that could
not be avoyded, for our custome here is, that when any person
is outward bound, he is published in the churches, but the test
of his being permitted to goe, would have been when the sea
brief and tickett came to be signed by me, but Capt. Larkin did
not (as being Master he ought to have done) proceed so far as
that, but sent away the vessell only with the Collector and Navall
Officer's clearings. It is also true, that I was thus further knowing
of Captain Jones his intending for Carolina, for he came to me
(but was also then alone) and in a most melting pittifull manner,
beg'd I would signe his tickett, my answer was that I was
concerned I could not, till Captain Larkin had cleared his vessell
in the Secretary's Office, and that was the last time I saw him.
The use I apprehend that is to be made of these affidavits, is to
clear Mr. Larkin from being said to have contrived clandestinely
to convey away Capt. Jones, which with submission I think is
very apparent by the proofs herewith transmitted, my Lords
I have nothing more to add but to beg that I may have time
given me to come home and justify myself. Signed, Ben. Bennett.
Endorsed, Recd. Oct. 11, Read Nov. 12, 1703. Holograph. 10 pp.
Enclosed, |
|
1014. i. Abstract of preceding 2¼ pp. |
|
1014. ii. Jos. Holbeach, Master of theShadow (cf. Cal., 1702,
p. 706), to Mr. Larkin or Dr. Star, Jan. 12, 1702/3.
Chiefly scurrilous abuse of Lt. Gov. Bennett. "Here,"
[Carolina ?] "is mightie good company and good
provision enough and passages always to England, or
any part of the West Indies at any time; here is five
ships now bound for England, some for Bristol, and
some for London, if you please to make this your way"
etc. Signed, Jos. Holbeach. Endorsed as preceding.
Subscribed, This letter Mr. Larkin sent to me by Doctor
Starr, I suppose to affront me. B. Bennett. Copy.
2½ pp. |
|
1014. iii. Affidavit of Capt. John Peasley of H.M. Castle in
Bermuda, Aug. 10, 1703. Mr. Larkin was committed
to Deponent's custody Jan. 4, who entertained him at
the Castle with every courtesy as commanded. After
some days the Governor ordered him to take Larkin
to his own house for his better accommodation, but
Deponent having had him ashore at his house before
and he behaving himself so lewdly that Deponent's
wife declared that she would remove herself and family
from her house if ever he came there any more to stay,
whereupon Deponent applied that he should remain
at the Castle where he had all the accommodations
he asked for or required. Notwithstanding all these
civilities, Larkin behaved himself very ungratefully and
extravagantly, often degrading, vilifying, ridiculing and
threatening H.E. in his administration, the Gentlemen
of the Council, Magistrates and inhabitants of these
Islands, using most profane, lewd discourses and
unparaleld swearing and curseing in his common
conversation, to the amazement and terror of Deponent
and all persons who heard him, insomuch that the
very guards at the Castle made daily complaint thereof,
etc. etc. Mr. Larkin was given every opportunity of
meeting the Justices convened to take his affidavits,
but refused and avoided them. He was kept well
informed of vessels bound out to sea, H.E. never being
inclined to detain him, etc. 2 pp. |
|
1014. iv. Copy of Minutes of Council of Bermuda, Aug. 18,
Sept. 7, 21, 30, Nov. 11, 1702, March 17, 1703. Certified
by the Governor, Secretary and Council. Endorsed,
Recd. Oct. 11, 1703. 6 pp. |
|
1014. v. Affidavit of Edward Hubbard, of St. Georges. Gives
details of Mr. Larkin's slighting references to the Justices
of Bermuda, Capt. John Morris' Commission, and his
lewd behaviour and conversation as regards women.
1p. |
|
1014. vi. Affidavit of Daniel Johnson, J.P., that on Jan. 4 at
St. George's, Christian Dorset swore before him that
she was with child by Judge Larkin. ½ p. |
|
1014. vii. Copy of Minutes of Council of Bermuda, Jan. 4, 1703.
1p. |
|
1014. viii. Copy of Minutes of Council of Bermuda, March 1,
1703. 1¼ pp. |
|
1014. ix. Copy of bond in 1,000l. to be entered into by George
Larkin to answer in England within a year to H.M.
for all things for which he was committed prisoner in
Bermuda. ½ p. |
|
1014. x. Affidavit of Charles Minors, Secretary of Bermuda, as
to Mr. Larkin's clearing of the Shadow etc. 1¼ pp. |
|
1014. xi. Affidavit of George Leacroft, pilot, as to the transactions
of Edward Jones and George Larkin with regard to their
endeavour to induce him to carry out the sloop Shadow
without a proper certificate of clearing, Oct. 26, 1702.
2 pp. |
|
1014. xii. Affidavit of William Milborne. On Oct. 30, 1702,
deponent heard Mr. Larkin say that but for four, Mr.
White, Walker, Spofferth and Dickinson, whom he
would like to put on a maroon island, this Government
would be as quiet as any of the Plantations. He
boasted that Edward Jones would not be seized, unless
it were by a privateer etc. 1 p. |
|
1014. xiii. Affidavit of Capt. Thomas Brooke as to Edward
Jones making a present of a diamond ring to Mr. Larkin.
½ p. |
|
1014. xiv. Affidavit of Capt. Mathew Newnam as to the
scandalous and opprobrious language used by Mr. Larkin
in company with Col. Day, Dr. Starr and others, at the
end of Oct., 1702. 1 p. |
|
1014. xv. (a) Petition of Jane Milborne, widow, to Governor
Bennett. Having obtained two verdicts against Edward
Jones, upon his appeal, your Excellency granted to him
an injunction, that your Excellency and Council should
hear his cause. Now Jones is carried off the Island,
his escape contrived, it is believed, by Geo. Larkin. |
|
(b) Similar petition of Tho. Watkins. Copy. 1 p. |
|
1014. xvi. (a) Similar petition of Tho. Smith Senr. with regard
to Samuel Harvey, similarly carried off by Mr. Larkin. |
|
(b) Similar petition of Saml. Smith of Pembrook
and Richard Gilbert of Devonshire Tribe with reference
to Samuel Harvey. Copy. 1. p. |
|
1014. xvii. (a) Robt. Dacres to Cha. Minors. Feb. 23. 1702/3.
The sloop Shadow arrived in this port [? Carolina] from
your Islands, Nov. 10th, and Joseph Holbeach entered
her as Master himself, but being asked where Capt.
Geo. Larkin was, who was mentioned as Master in the
certificate for the clearance of the Shadow, he said he
was taken extreamly ill the day before they were to sail,
and had appointed him in his stead and forgot to give
him Gov. Bennett's lett-pass, after which plausible
story the Governor admitted him to enter the said
sloop. In a short time he got a loading to Jamaica,
where she went, and in the same Mr. Edward Jones,
who I since understand is gone for England. Annexed, |
|
(b) Copy of certificate of clearing of the Shadow,
Capt. Geo. Larkin, Commander, for Carolina. Bermuda,
Oct. 21, 1702. 1p. |
|
1014. xviii. (a) Deposition of Lancelot Sandys. On Nov. 28
last Geo. Larkins came up to the Governor's diningroom in St. George's in an absurd manner and demanded
his ticket to be then gone, to which H.E. replied "Show
me the clearings you took out of the Custom House
here as Master of the Shadow." Larkin replied that
he could not, then that he would not; then went, and
returning said that he would not proceed any further in
any business during his stay there. During his abode
in these Islands, deponent hath heard him declare in
a degrading manner that H.E. assumed to himself the
title of Capt. General, which did not belong to him, and
often speak slightingly of him, long before he took out
clearings for the Shadow, and speak reflectingly of the
Council, that there was ne'er a one of them fit to make
a Constable in England; and that he would buy a
vessel here and go directly for England. |
|
(b) Deposition of Tho. Brooke, Collector, that some
considerable time before Geo. Larkin was put prisoner
into the Castle, deponent heard him say several times
he would go home in the ship Charles, if he could, she
being then at anchor in these Islands. Copy. 1 p. |
|
1014. xix. Copy of Deposition of Hannah Hilton, Bermuda, as
to George Larkin seducing a mulatto named Nanny,
when lodging at her house. Nov., 1702. 2 pp. |
|
1014. xx. Copy of Deposition of the girl Ann or Nanny to the
same effect. 1p. |
|
1014. xxi. (a) Deposition of Elizabeth Read that on the day
when Mr. Larkin was taken into Custody, he sent her
to his trunk to take out the King's Commission and
also the King's letter to the Trusty and Well-beloved
Governor of Jamaica. Mr. Rawlings, the Marshal,
brought them to him in Col. Day's house. Mr. Larkin
bid him carry it from whence he brought it, for he had
nothing to do with it, and pushed it off the table and
kicked it with his foot, and bid deponent kick it out of
doors and nail it on the bridge, saying, should they
who served the King be served so, he would serve no
longer, and finally put the Commission and Letter
between two stones at the bottom of the steps in the
street. Copy. |
|
(b) Deposition of Hester Graisbury to same effect as
preceding. Copy. 1 p. |
|
1014. xxii. Copy of Lt. Governor Bennett's Order to George
Larkin to confine himself to his lodging. Sept. 30, 1702,
¾ p. |
|
1014. xxiii. Copy of Lt. Governor Bennett's Warrant for
committing Mr. Larkin to prison for defying preceding
Order. Oct. 1, 1702. ¾ p. |
|
1014. xxiv. (a) Copy of Lt. Governor Bennett's summons to
Mr. Larkin to appear before him at Council Table at
St. George's at 9 a.m. Nov. 3. Nov. 2, 1702. ¾ p. |
|
(b) Copy of Lt. Governor Bennett's summons to
Geo. Larkin to appear at the Council table at St. George's
10 a.m. Nov. 11. Nov. 10, 1702. ¼ p. |
|
1014. xxv. (a) George Larkin to Lt. Governor Bennett. Nov 3,
1702. I expected according to your order of yesterday
to have been heard to-day to answer what you have
objected against me, and I gave my attendance from
9 till I accordingly, that the service of the Crown by
the loss of my passage to Jamaica might not bee
prejudiced. However if anything be to bee done against
me, I desire that I may bee present, and that no affidavitt
or examination bee taken in writing, but I may hear
the witnesses pronounce the very words, and, if I see
occasion, to cross examine them, and that the same may
be reduced into writing before mee, for I am too sensible
of the Bermudian way of takeing affidavits, and I desire
I may have a time assigned mee for the examination of
my witnesses. Signed, Geo. Larkin. Copy. ½ p. |
|
(b) Remarks of Lt. Gov. Bennett on preceding. So
I did waite, expecting a full Council, for want of which
nothing was done that day. But I conclude him not
in so much hast to be gone, or why not in the Shadow
as he pretended? Hee should have been present the
next Council day, when the witnesses were examined
according to my promise to Dr. Starr on his behalf.
But for this unmannerly letter for my giveing him
notice to attend was more than I was oblidged to do
before the informations were taken, for itt might have
happened that the account given would have been
frivolous, but I think the Collector's letter from Carolina
and copy of the Shadow's clearings herewith transmitted
makes Mr. Larkin's contrivance very plaine, and to
have defrauded H.M. by conveying away Jones besides
imposing upon Government and country by breaking
through the rules and methods thereof, to the great
damage of several persons, whose petitions are herewith
sent, by the said vessel's carrying away Harvey. As
for knowing the Bermudian way of taking affidavits,
it's such a reflection as never was put on a Government.
Signed, B. Bennett. ½p. |
|
1014. xxvi. Copy of Lt. Governor Bennett's warrant to John
Rawlins, Provost Marshall, to allow George Larkin
liberty to depart these Islands on H.M. service, provided
he go on board the Shadow in six hours after demanding
sight hereof. Oct. 21, 1702. 1 p. |
|
1014. xxvii. Deposition of Lieut. Robt. Henley, Nov. 5, 1702,
as to Mr. Larkin's indecent abuse of Col. Day, saying
that he had opposed the Government to do him a
service etc. etc. Copy. 1 p. |
|
1014. xxviii. Deposition of Jno. Davis, Registrar of the Admiralty
Court, as to Mr. Larkin's pulling down the notice of an
Admiralty Court, etc. Sept. 25, 1702. Copy. 1p. |
|
1014. xxix. Deposition of Tho. Brooke, Collector, confirming
preceding. Copy. ¾ p. |
|
1014. xxx. Deposition of John Rawlins, Provost Marshall, as
to Mr. Larkin's violent language, and behaviour etc.,
corroborating Nos. xxi, xxvii, etc. etc. Copy. 2 pp. |
|
1014. xxxi. Deposition of Caleb Wright confirming No. xxvii
etc. Copy. 1 p. |
|
1014. xxxii. Copy of Minutes of Council of Bermuda, Aug. 18,
1702. 2 pp. |
|
1014. xxxiii. Copy of Minutes of Council of Bermuda, Sept. 7,
1702. 1p. |
|
1014. xxxiv. Depositions of Capt. Lancelot Sandys and William
Bilton, mariner, that on Dec. 30, 1702, they heard Dr.
Starr publickly declare that the Council of these Islands
were villains and rogues. Copy. 1p. |
|
1014. xxxv. Deposition of John Bayly and Dr. Geo. Owen that
Mr. Larkin in Oct., 1702, referred to himself as about
to supersede Governor Bennett. Copy. 1 p. |
|
1014. xxxvi. Deposition of John Tankred that on Oct. 16, 1702,
he heard Mr. Larkin and Mr. Jones declare that Col.
Day was a rogue, and Mr. Larkin declared that Col. Day
was the original cause of his quarreling with the
Governor, and he knew not for what reason, and Capt.
Jones declared that Col. Day had been the ruin of him,
Jones. Copy. ½p. |
|
1014. xxxvii. Reasons offered by Lt. Gov. Bennett and the
Council of Bermuda for their confining George Larkin on
Jan.4, 1702/3. A resume of above depositions and Lt. Gov.
Bennett's letters, 1702, 1703. Signed, B. Bennett,
Richard Peniston, Cha. Walker, Anthony White, Thomas
Harford, Benj. Hinson, Patrick Downing, St. George
Tucker. Endorsed, Recd. Oct. 11, 1703. 17 pp. |
|
1014. xxxviii. Representation of the Civil and Military Officers
of Bermuda to Lt. Gov. Bennet against Mr. Larkin.
Recapitulates his intrigues with Col. Day against the
Governor, his tearing down the notice of the Admiralty
Court, etc., and bears testimony to the zeal and excellence
of Lt. Governor Bennett's Government. Signed,
Military officers: Antho. White, William Tucker, John
Trimingham, Wm. Seymor, Sam. Smith, George Darrell,
Danl. Keele, John Harvey, John Harford, Dall. Tucker,
Len. White, William Stone, Richd. Peniston, Nat.
Butterfeild, Phillip Leu, Nath. Prudden, George Tucker,
Joseph Hinson, Joseph Todd, Florentine Cox, Wm.
Watlington, Thos. Wood, Will. Stafford; Justices:
Wilm. Tucker, Wilm. Outerbridge, John Dickenson,
Saml. Smith, George Darrell, Thom. Forster, Sam.
Sherlock; Council: Richard Peniston, Charles Walker,
Antho. White, Thomas Harford, Michl. Burrows, Benj.
Wainwright, St. George Tucker, Benj. Hinson, Patrick
Downing, Saml. Spofferth. Endorsed as preceding.
14¼pp. |
|
1014. xxxix. Remonstrance of William Outerbridge and others
to Lt. Gov. Bennett. George Larkin, amongst his other
horrid evil practices etc., maliciously endeavoured to
traduce remonstrants to your Excellency in Council,
as accessories to piracy by the Act not passed till
11 William III, nor commenced till Sept. 29, 1700, and
even as principals with one Capt. Tew, who came into
these Islands about 1691 and purchased a share in the
sloop Amity, whereof Remonstrants were part owners,
and obtained a Commission as a privateer. Some short
time after arriving in New England, Tew sent
remonstrants an account, with an order to come and
receive the produce of his voyage, which we accordingly
did, but being all desirous to have no further correspondence with him, he being a non-resident in these islands,
by a general consent we quitted our several shares in
the said vessel; and having received a private
intelligence of their intentions of going to Red Seas,
to which Remonstrants were very averse, we therefore
forthwith returned back to these Islands. All which
was long before the commencement of the Act aforesaid.
And although your Excellency and Council found no
reason in him to charge Remonstrants with the crime
aforesaid, he yet, wilfully and obstinately deviating
from his Instructions urged your Excellency to proceed
against them in the charge as Vice-Admiral of these Seas.
Moreover, when Lt. Col. Outerbridge and John Dickenson
were convened with the Justices of St. George's to examine
several lewd, vicious and debauched practices shamefully
and openly committed by Larkin upon a slave belonging
to H.M. service, we, willing not to expose him to the
publick by a constable, sent the Marshal in a civil manner
to desire him to come and hear the accusations. But
he most contemptuously said he was busy, yet in a little
time appeared, but on purpose to evade hearing the
accusations against him, delivered another warrant
against Richard Gilbert the younger, to bring him before
Larkin, who coming, Larkin alledged nothing against
him, but bid him come to him again in 4 or 5 days;
and when Larkin perceived the Justices had issued their
warrant to commit him, till he found surety for his good
behaviour, he immediately absconded, and sent out
his own warrant to commit Remonstrants to prison,
altho' so legally discharged as aforesaid etc. Signed,
Wm. Outerbridge, John Dickinson, Thomas Hall, senior,
and Richard Gilbert, jr. 1 large p. |
|
1014. xl. Deposition of William Outerbridge, Confirming first
part of preceding, relating to the Amity. He sent
Capt. Stone as his agent to look after his interest in
her at Rhoad Island and received some money as his
share. Copy. 1p. |
|
1014. xli. Deposition of Thomas Hall in confirmation of the
same. Copy. 1 p. |
|
1014. xlii. Deposition of John Dickinson, as to receiving money
from Tew in right of his wife. Copy. ½p. |
|
1014. xliii. Deposition of Gilbert Nelson. When Col. Day was
Governor he heard him discourse Capt. Samuel Stone
about the money he brought from Rhoad Island (Tew)
for Mr. William Outerbridge. Stone then said that if
Col. Day would be as good as his promise to him, he
would be the like to him in giving him a copy of his
journal. This meant that Col. Day was to give Stone
a pardon, which some time before the present Governor's
arrival, Day showed to Deponent. Deponent hath
heard Stone both before and since this Governor's arrival
declare that he either recd. at Rhoad Island 550l. for
his uncle Outerbridge, or paid him 550l. in Bermuda,
but which of the two deponent doth not well remember.
Signed, Gilbert Nelson. Copy. 1 p. |
|
1014. xliv. Deposition of Richard Gilbert jr. Part owner of
the Amity he received something as his share. Tew told
him that he used his utmost endeavour to come to his
commissionated Port, that he beat for a fortnight after
he had sprung his mast. He supposes the sailors were
men of fortune and upon shares. Copy. 1 p. |
|
1014. xlv. Deposition of Richard Gilbert, senior. He went to
Rhoad Island to receive his son's share (xliv.) etc. Copy.
1 p. |
|
1014. xlvi. Deposition of Saml. Day, late Lt. Governor. He
granted Stone a pardon for his discovery about his
fetching money for his uncle Outerbridge from Rhoad
Island, which deponent understood was gotten by one
Tew, famed for a notorious pyrate. Copy. 1 p. |
|
1014. xlvii. Deposition of Capt. Samuel Stone. Confirming
Nos. xxxix, xl. etc. The several owners of the Amity
received at Rhoad Island from Capt. Tew about 3,000l.
He heard that Tew had got this gold somewhere towards
Madagascar. Copy. 1 p. |
|
1014. xlviii. Deposition of Capt. Samuel Stone. The paper
below was his handwriting which he gave to Col. Day
in return for a pardon. It was said when he was at
Rhoad Island that the money they had for the part
owners of the Amity was buried in the ground. Capt.
Tew proposed to deponent to give him Outerbridge's
part of the Amity, arguing that the rest of the owners of
the sloop had given him their parts, and added that if
not, he should not have Outerbridge's part of the produce.
The paper referred to was:—Mr. Jno. Gilbert, I verily
believe my brother Richard might receive 1,500l. at least
for his son's share of Capt. Tew; for I had about 500l.
or more as Uncle Outerbridge has said, and his was but
a third to his. Copy. 1p. |
|
1014. xlix. Deposition of Daniel Smith. He was once at
Saltertudos, and went first to Curacao, and so thither;
he went to England prisoner with Capt. White by order
of (Governor Day, July, 1700, and was carried before
the Secretary of State and the Judge of the Admiralty,
but not committed; he saw Every at Providence and
Royal Island. Nov., 1702. Copy. 1p. |
|
1014. 1. Deposition of Lt. Governor Day Nov. 11, 1702. About
Jan., 1698, arrived one Danl. Smith of these Islands.
The night after his arrival Col. Wm. Outerbridge came
to Deponent to ask him if he knew that Danl. Smith
was arrived. Deponent answered that Danl. Johnson jr.
had said he left him at Barbados. Col. Outerbridge
said, I hope you don't believe this. "Upon which, the
next morning Deponent sent for Johnson, who to excuse
himself said that after he, Johnson, came within the
Forts of this Island, Smith leapt over and swam to
David's Island. After that, Deponent granted his
warrant, and Smith, brought before him, begged for
mercy. Deponent replied, if he was ingenious, he should
find mercy. Then Smith said that William Griffin and
Benjamin Griffin, with himself, were three of the men
that boarded the great ship that Every took. Copy.
1p. |
|
1014. li. Minutes of the proceedings of the Admiralty Court
relating to Daniel Smith on a charge of pyracy. Nov.
11, 1702. Col. Day's depositions were taken and warrant
issued for the apprehension of Smith, Nov. 16, 1702.
Depositions of Capt. Stone and the owners of the Amity
taken Nov. 19. Richard Gilbert sr., Richard Gilbert jr.,
Wm. Outerbridge, Tho. Hall, Jno. Dickinson examined
touching the Amity. Ordered, that they should attend
on Dec. 7 to shew cause why they should not enter into
recognizance with security until H.M. pleasure be further
known. Nov. 20. An order was sent to them to attend
on the 24th, notwithstanding the former order, on
consideration that Mr. Larkin intended for Jamaica,
before the time then limited. Nov. 24. On their
further examination, H.E. ordered a quorum in order
to hear the examinants' reasons touching their recognizance and security required per H.E. and Commissioners
the last sitting. But Mr. Larkin gave his opinion that
one Commissioner in this case would be sufficient. Then
the Court proceeded to know the Examinants' reasons,
to which Mr. Dickinson replied (1) that they supposed
they were not obliged to give any reasons, (2) that by
virtue of an Act of Parliament by which the Commissioners did then sit, neither one nor more of them had
power to call them to an account, (3) that there's nothing
laid to their charge, but what is without the Admiral's
Jurisdiction, (4) that as to accessories, the Commissioners
have nothing to do in't, (5) that they were charged for
nothing but what's done infra corpus comitatus. They
were ordered to withdraw, and the majority of the
Commissioners resolved that they could have nothing to
do with them, there being no provision made for
the punishment of such accessories till the late
Act for the more effectual suppression of piracy.
Copy. 3¾ pp. |
|
1014. lii. Heads of a letter from Lt. Gov. Bennett to Mr. John
Bennett relating to Mr. Larkin's behaviour. Endorsed,
Read. Oct. 11, 1703. 2¼ pp. |
|
1014. liii. Journal of a voyage of the Resolution, Sept. 23, 1698–Nov. 18, 1698, referred to in following. Signed, John
Morris, jr., Richard Gilbert, jr., Saml. Gilbert, Thomas
Hall, Elias Slovill, Aaron Turner, John Argent, jr. 2 pp. |
|
1014. liv. Copy of proceedings in Col. Day's time, March 28, 1702,
against Samuel Gilbert for seizing a Spanish Periago.
Oct., 1698. Endorsed, Recd. Oct. 11, 1703. 6 pp. |
|
1014. lv. James Grasbury to Capt. Richard Gilberd or any
other Englishman. Oct., 1698. [? Saltertudos]. Gives
notice of a large periauger (referred to in preceding)
said to have run away from Martineco. Signed, James
Grasbury. Copy. 1 p. |
|
1014. lvi. Deposition of John Peasly that the following
declaration was made by Edward Hubbard, decd.
and offered to Gilbert Nelson, Chief Baron, on hearing
the case against Capt. Richard Gilbert, of the Resolution.
Nelson would not suffer it to be read or sworn to. Copy.
1 p. |
|
1014. lvii. Deposition of Edward Hubbard, senr., master of a
sloop owned by Mr. James Graisbery. On a voyage to
Saltitudos, Sept. 1698, they were warned by a French
ship of a pereauger lately run away from Martinico,
which might try to take them. They sighted her at
Saltitudos and leaving a warning (No. lv.) in a bottle,
ran away. Copy. 1 p. |
|
1014. lviii. Deposition of Daniel Greatbeach, mariner, that on
Jan. 29, 1703, Edward Jones publickly called the
Governor a perjured dog, and said that the Council was
forsworn, too etc. There were then present Jacob
Mayle, Edward James, a relation of Admiral Bembo,
Boaz Bell the younger and many more. Copy. 1 p. |
|
1014. lix. Copy of the method left by Mr. Larkin for holding
Courts of Admiralty at Bermuda. Endorsed, Recd.
Oct. 11, 1702. 13 pp. |
|
1014. lx. Copy of proceedings at a Court of Assizes held Dec. 1,
1701, and of Appeal July 6, 1702, relating to a house
built by Mr. Day on land belonging to the Crown. Appeal
dismissed with costs against Day. Same endorsement.
35 large pp. |
|
1014. lxi. Copy of a Commission granted by Lt. Governor
Goddard to a privateer, May 10, 1694. 1 p. |
|
1014. lxii. Copy of a Commission granted by Lt. Gov. Day to a
privateer, Sept. 22, 1698. 1 p. |
|
1014. lxiii. Copy of affidavit of Cha. Minors that on Aug. 24
George Larkin came to the Secretaries office to look
upon the Records. Attestant respectfully acquainted
him that H.E. had directed him to ask him if he had
any instructions for the same, to which he replied,
No person should see or know his instructions, but said.
he would see the records and demanded a copy of the
proceedings about Col. Day's house, which attestant
promised should be done, and he afterwards had the
perusal of them, and from time to time free access to
the office and perused the Book of Records and other
papers and took several out of the same as he required,
and kept them several days in his own custody, until
within few daies before his departure. Attestant
provided a copy of the form of the Commissions granted
by H.E., but Mr. Larkin did not call for it. Signed,
Cha. Minors, Secretary of the Bermuda Islands. ¾ p. |
|
1014. lxiv. Copy of the form of Commission to a privateer
granted by Lt. Gov. Bennett. Endorsed, Recd. Oct. 11,
1703. 1½ pp. |
|
1014. lxv. Deposition of William Jones of St. George's. About
Jan. last, he being at Tucker's Town in the said parish,
in company with Capt. Peasly and Mr. Larkin, the
latter declared he would engage to take those Islands
with 300 men. Deponent said, we could bring near
1,000 men against you. Mr. Larkin fell on discoursing
what happiness this place might gain, if men would
make use of it; that he would engage to come out of
England with 1,000l. cargo and in seven years make
it 10,000l.: the way he prescribed was to go to Barbados
or the Leeward Islands, and there to take out a cocquet
for dry goods, and then pretend money fell short and
could not purchase it, and go down to the French or
Dutch Islands, and there buy the goods, and who could
say against it? Same endorsement. ¾p. |
|
1014. lxvi. Copy of Lt. Governor Bennett's Proclamation for
raising a troop of horse. ½p. |
|
1014. lxvii. Lt. Governor Bennett's reply to Mr. Larkin's letter
of Aug. 19, 1702, q.v., given in parallel columns. I was
daily expecting orders to proclaim H.M., which are
not yet arrived. War was proclaimed soe soon as
directions came from my Lord Nottingham. I presume
it was not erroneous to pray for Her Majesty, having
had so many confirmations of the death of his late
most Gracious Majesty. It was concluded in Council
most proper to hold Courts in his Majesty's name,
until Her Majesty should be proclaimed. But there
had been none such held since Mr. Larkin came on
shoar to the date of his letter, except the Quarter Sessions.
The Secretary and Collector affirm they cleared vessels
in his late Majesty's name till Her present Majesty was
proclaimed. I had granted nine Commissions before
he came, and one since, which differs in words but not
in substance, only in that part relating to Marshal
Law, wch. I limit according as directed in my Commission,
only to be executed in time of war. Indeed there is a
clause added, which says that they may do and act
as any Capt. of H.M. ships may lawfully doe, but it
limits them in these words "according to their degree,"
therefore only meant for Instruction to them. As for
Mr. Larkin's pretending he was deny'd copies, it's not
true, for at the very time his letter was fraiming, the
Secretary had orders from me to let him have recourse
to all the Records, wch. Mr. Larkin told me was deny'd
him at New England. My answer was, I had done no
wrong, therefore valued not who saw them. And to
convince your Lordships of this Gentleman's early
prejudice, and at the same time every day at my Table,
I have herewith transmitted the Secretary's affidavit,
that it was on Aug. 24 that the Secretary scrupled to
let him peruse the Records and that by Mr. Larkin's
desire a copie of one of the Commissions was made,
but he did not call for it. As for one of those vessels
sailing out of the harbour without the distinguishing
Jack, it's unknown to me; but upon the receipt of my
Order, I directed such as were at home immediately
to comply therewith, and as fast as they arrived, my
Orders was still the same. If Mr. Larkin had been the
friend he pretended at that time, he would have told
me of that mistake. 'Tis the custom in the West Indies
to return gun for gun to all commissionated vessels.
It is, as he has made it, one of the distractedst Government, I believe, in the Christian World, but otherwise
till he came. As for trials at common Law, I never
intermedled therewith, and for Courts of Appeal, we
have none except the Chancery, tho' he mentions them
distinct (so nicely had he informed himself of the
Constitution of this Government), and as to that Court,
the persons he accuses, nor anybody else ever presumed
to prepossess or incline me to either party, and none of
the Council upon any trial in Chancery ever behaved
themselves undeacently or disrespectfully to me, tho'
he has, to the highest dishonour and affront to my
Commission. And as for the three Gentlemen he speaks
of meeting and agreeing how matters should go before
they come to Council, it's publishing me and the rest of
that board fools, and them knaves. But these very aspersions is what I have heard long before Mr. Larkin came,
and know the greatest part of his letter to be the very
dictates of Col. Day, Judge Nelson, late Sherif Jones,
Dr. Starr, and others of their party. The original cause
why Capt. Jones was suspended, was from the Articles
the Assembly prefer'd against him upon oath, and
when I sent for him into the Council to let him know
what was laid to his charge, instead of thinking himself
civilly used by me, he fell into a passion not proper
to be endured in that place, and for fear he should
further injure himself by his extravagant expressions
(for I protest I meant him friendship) I ordered him to
withdraw, assuring him I would take care justice should
be done, to which he replied in a contemptuous manner,
"As for justice, I expect none from you." But this
small affront, as Mr. Larkin thinks it, is not mentioned
as the cause of his suspension. As for what Appeals
were depending in Chancery, they were craved by
Mr. Jones to be relieved from verdicts against him at
Common Law, and but one of them have been try'd,
that related to his office, and that was not given against
him, for there were but five of the Council and myself
then present, three whereof were of opinion against
Jones, and two joined in mine, vizt. that the Sherif's
warrants from the Chief Justice were sufficient to justifie
him executing them, so that as there was no majority,
the cause is not yet determined, neither do I conceive
how that or the like can, for by my Instructions I am
to allow the Council liberty of debate and vote. Therefore
I desire your Lordships' directions what must be done
for the future, where equality of voyces happens. As
for Col. Day being under the same dilemma, I know
not what Mr. Larkin means, for Col. Day was the
Appellant, therefore the Appeals can't properly be
called against him, and there has been but one of them
try'd, wch. related to a house and land Col. Day built
on the Crown Land (proceedings enclosed). As for the
"unheard of practices," it was impossible that he could
of his own knowledge speak this, for he had been here
but five weeks, and all the matters he mentions were
over at Common Law, long before his arrival, and there had
been but one Chancery Court, which was the day before the
date of his letter, the proceeding in which he makes no
complaint of, altho' he took notes all the time. He charges
me directly with breaking my oath and Instructions.
I humbly insist that he should be obliged to make good
this and all other his charges against me, and that I
may have time given me to come home and justifie myself,
for life without reputation is of no value to me. His
owneing my care of the fortifications and Militia is what
I did not expect, but he makes it insignificant by saying
he thought Nature had sufficiently done it. In the first
place I am sure (by the silly questions he asked me when
we were in one of the Forts), he knows nothing of
fortification, and at that time he had not seen 1/10
part of the Island. Yet since his opinion to your
Lordships of the strength of this country, he has made
it his publick discourse that he could take Bermuda
with 300 men and two sloops, which may be of ill
consequence, there being at that time the officers of
the French vessel that was cast away amongst us, and
Dr. Starr one of the malecontents, and Mr. Larkin's
associate, would be continually discoursing the prisoners,
tho' contrary to my orders; but if an enemy should come
with four times that number, I should not value them,
especially if Mr. Larkin were at the head of them. The
discipline I accustome the Indians and negroes to is,
sometimes when the Company's drawn out, I order the
soldiers to bring their slaves and lances with them,
and after the battalion is exercised, I order the negroes
to be intermixt with them, and practise them together
in their marchings and wheelings, the negroes having
their lances shouldered (which are about 7ft. long),
and then I generally march them into the trenches,
where I shew the soldiers the way of firing, wheeling
off to the right and left, next rank advancing, and what
else is necessary to learn them, the negroes all this
time being intermixed, and wheel and advance with
them, that they may know what they have to do, if
an enemy should jump hastily on shoar, and endeavour
to force the trenches, and in such case the negroes'
lances would be much more serviceable than clubb
musquett. From the trenches I march them to some
open Bay, and draw them up either 3, 4 or 6 deep as
the ground admits, and show them how to oppose an
enemy in landing, by ordering the front rank to make
ready. At the same word of command, the negroes
from their shoulder recover their lances right before
them, and when the word of command to present is
given, the negroes fall back with their right leggs and
charge with their lances, and stand so till the
musqueteers are ordered to fire, when done, they recover
their spears at the same time the soldiers doe their
firelocks, and wheel off wth. them, with their spears
advanced, and then the next rank advances, and does
the same etc. etc. Mr. Larkin might have saved the
trouble of that part of your Lordships' annotations
relating to the danger of disciplining the slaves, for if
he had told me his notion of it, I should have satisfied
him, that it was always the custom upon an alarm,
for the negroes to come wth. their masters into the field
with lances. But I cannot learn they were ever exercised
and shew'd how useful they might be made, nor indeed
their masters till of late, but before I undertook the
slaves, I had the opinion of the Council, J.P.s and Militia
Officers that disciplining them could be no manner of
prejudice to the inhabitants. I am forming a troop
under the denomination of Horse Granadeers, which
will be of extraordinary use. this country being but a
slip of land about 26 miles long, and in the broadest
place not above two miles, so that in case an alarm
should happen at either end, it would be a day's time
before all the Militia could get together, and consequently
we should lose the opertunity of opposing an enemy at
their landing, wch. is our chief dependance, having
trenches in every part of the country, where it's possible
men can come on shoar att, and I propose by this troop
in all probability to be early enough wth. an enemy,
let them attempt us where they will (unless they come
undiscry'd in the night, wch. is very dangerous for them
to doe), for I intend to appoint the troopers one certain
place of parade, abt. the center of the country, with
orders that when they hear the allarm made (wch. will
be in a quarter of an hour all over the country)
immediately to repair to their parade, and from thence
to march towards the enemy, who perhaps may make
several offers to land before they intend on purpose to
fatigue our foot, wch. by this troop may be preserved,
for we can attend their boats, and the foot may only
move easily as they see, or hear of the enemy's motion.
I intend this troop shall consist of one Capt. under
me etc. and 80 private men (50 of which have already
entered), their exercise to be as the Granadeers, and
armed accordingly. Your Lordships will see by the
enclosed Declaration (lxvi.) that I promise to furnish
them with arms out of H.M. Stores, because the arms
in this country are generally between 5 or 6 foot long,
and could not well be slung to be easie on horseback,
nor affoot when they come to deliver their granade-shells,
but as they are only lent, I'le take care when a man
dyes or goes to sea to call them in. |
|
Mr. Larkin adds bribery to his foregoing accusations
of perjury and breach of Instructions, with regard to
the loading of vessels etc. I protest that I never took
the least peice of money since I came here from any one
on any acct. whatsoever (except the present the
Assembly made me), unless Mr. Larkin calls a few
oranges or limes a bribe, wch. sometimes Masters of
vessels bring me. This part of his letter forces me
upon mentioning Col. Day's name, wch. I would willingly
have avoided on this occasion as he is dead, but since
it is for my own justification, and to prove Mr. Larkin
a confederate with the party, I hope I shall not be
thought ungenerous. Col. Day must shew Mr. Larkin
this Instruction (for I presume he has not all Governours'
with him) and since I am satisfied that his letter is
altogether the dictates of Col. Day, Judge Nelson and
the rest, who have been constant disturbers of me and
the Government, I think it will not reflect upon me
to say those facts that are laid to my charge are what
(as I have often heard) my predecessor was guilty of.
Since my time, no vessel was admitted to enter before
they came to an anchor in one of these harbours. I
hope Mr. Larkin will be obliged to prove this charge.
If brandy and French wine had been plenty here, I
should not have wrote to England for them, wch. Mr.
Noden of Woodstreet can testifie. To prevent any such
practice as is mentioned, the letter your Lordships speak
off from the Commissioners of Customs has been strictly
complied with. I never heard of that way of taking
out cockets that he mentions, and upon receipt of your
letter I sent to the Collector when I was in Council and
ordered this paragraph to be read, upon which he
affirmed he never knew the like, and offered to make
oath of it, but all diligent care shall be taken to detect
if there be such practices. |
|
Precepts were made verbatim as formerly, as may
appear by copies herewith transmitted, but Mr. Larkin
says with his accustomed assurance as positive to the
contrary, as if he had seen those formerly, and that in
my time. As for the Assembly's sitting Aug. 19, it's
a great mistake in Mr. Larkin, as your Lordships may
see by a certificate herewith sent. There is a Quarterly
Sessions held here, and but one Court of Assize in a
year, it is intended to be twice, which with submission
I think is enough, for this is a very poor place, therefore
not litigious; besides to have it oftener, would create
a great expense to the country, by attendance on the
Chief Justice, and I presume that was Mr. Larkin's
meaning by proposing it 4 times a year, for he does not
seem inclin'd to the country by the scandalous character
he gives to the people and their lazy inclinations. I
have discoursed with the Council relating to the Act
of Assembly he proposes, and about tobacco being
carried aboard by negroes in the night, and they all
agree that there is but very little tobacco planted more
than is smoked in the country, and as for any being
carryed privately, they believed there was none. But
perhaps every sailor when he goes to sea takes some
for his own smoking, which the Collector is not
acquainted with. But if it was worth while to make
such an Act as Mr. Larkin means (not what he writes,
for he would have the Planters at crop time give an
account upon oath the quantity of tobacco so planted,
so reaped would be more proper) it would be very hard
that a Planter should be allowed but a quarter of a
Hundred Custom free, and some familys smoke 200 cwts.,
as the Council tells me, and they add by computation
that the quantity of tobacco that is yearly smoked in
this country is about 50,000 weight. But I presume
that Act was projected by the discontented party, and
Mr. Larkin, to help it on and to revenge his clyents'
quarrells with the country by oppression, says positively
there are several thousand weight carried off in a year,
and that but a small quantity comes to the Collector's
knowledge, and proposes the way how it is done, but I
am wholly a stranger to it, and all the care imaginable
is taken to prevent it. |
|
There has been no occasion for a Court of Admiralty
since my arrival but of late, therefore those officers
have not been appointed, neither upon enquiry was
there ever a jury allowed in that Court. But after
his letter was formed, and their affairs put into a posture
for mischief and disturbance, Mr. Larkin then could
find time to settle the Court of Admiralty, and then a
Registrar and Marshall were appointed of course. But
he had been here two months before he would do
anything in it, and when I prest him therein, he then
pretended in Council that he was in great haste to be
gone, and he could not proceed till the Queen was
proclaimed, which with submission I think was not
material to his prescribing of rules how a Court should
be kept, therefore conclude it only a delay. Mr. Larkin
reproaches all juries in this country. He has not seen
one cause try'd by a Jury since he came. I think this
is highly imposing on your Lordships, and cruel to the
reputation of a country. The fee he mentions that I
claim for holding every Court, I suppose he means the
Court of Admiralty, that is with the rest of the officers'
fees settled by Act of Assembly, therefore no imposition
on the people. As for the logwood vessel, I refer the
truth of that matter to the Captain's affidavit, which
will plainly demonstrate that notorious false complaint.
Signed, Ben. Bennett. Endorsed, Recd. Oct. 11, Read
Nov. 15, 1703. 31 pp. |
|
1014. lxviii. Copy of proceedings against Daniel Smith at New
Providence and at Bermuda for piracy. Sept. 26, 1700.
etc. Endorsed, Recd. Oct. 11, 1703. 6½ pp. |
|
1014. lxix. President of Council of Barbados to Lt. Gov. Bennett.
Acknowledges letter of Oct. 24, with depositions relating
to two French ships that struck on the coast of Bermuda.
I have transmitted the same to my Lord Nottingham.
Here hath also arrived the sloop that you sent to
Martineque with those French that were cast on shore
on your coast, and hath brought us upp from thence
five and fifty prisoners in exchange for those you sent
them, which proving a piece of good service both to
H.M. and this Island, wee are att least in gratitude
oblidged to owne the same. But I am in hopes when
our Assembly sitts next, they will make some further
and more serviceable acknowledgments to the owner
of the vessell who brought them upp hither etc. Signed,
John Farmer. Endorsed as preceding. 1 p. [C.O. 37,
5. Nos. 1, l.i.–lxix; and (without enclosures) 38, 5.
pp. 434–449.] |
Aug. 9.
Bermuda. |
1015. Lt. Governor Bennett to [? the Earl of Nottingham].
Refers to previous correspondence and repeats part of proceeding.
Adds:—"On July 21 came into this port the Fame, Capt. Hen.
Pullein, who off of Teneriffe took a prize loaden with corne; his
comissions was to cruse in the South Seas, which undoubtedly
he had proceeded to doe, had not information been given him
of a conspiracy amongst his men to mutiny and seize him, and
murder others, that were his officers, and run away with the
ship, which he by his good management prevented by sending
the promoters of this mischief on some pretence on board the
prize, and then with his officers and those of the sailers that he
could confide in, seized the rest and put them in irons, and when
the boat return'd, he did the like to those he had before sent
away. I have examin'd several of his men, and it plainly appeared
there was such a design of running away with the ship, and within
a few hours of being put in execution. I believe the Captain's
intention now is to enter soe many of his men upon wages as are
sufficient for a tradeing voyage, and to proceed to Antegua and
take in sugar upon freight, and so for England. He is a very
pretty gentleman but very much dejected, least his reputation
should suffer by the fault of being imputed to his mismanagement
that the voyage was not perform'd. But for what I can perceive
he is not in the least to blame, and the owners ought to thank him
for his care in preserving the ship, for such a crew of rogues I
believe were never together in one bottome. Signed, Ben. Bennett.
Endorsed, R. Oct. 20, 1703. Holograph. 8 pp. [C.O. 37, 26.
No. 3.] |
| Aug. 9. |
1016. Minutes of Council of Bermuda. The muster-rolls of
Capt. Sandys' Company, Aug. 25—Oct. 24, 1701, were signed. |
|
Upon a motion of H.E. whether it is adviseable to send the
Spaniard now in custody on a charge of pyracy to England, the
evidences who were bound to prosecute him having withdrawn
themselves by making an escape from these Islands, advised,
that he be tried here. |
|
A Committee of the Assembly appeared to inspect the accounts
of John Davis, Treasurer. |
|
Petition of Samuel Sherlock about the storehouses referred.
[C.O. 40, 2. pp. 55, 56.] |
| Aug. 9. |
1017. Journal of Assembly of Jamaica. The House met and
adjourned. |
| Aug. 10. |
Ordered that the messenger confine the gentlemen to their
chambers who are in his custody. [C.O. 140, 7. p. 90.] |
| Aug. 10. |
1018. Robert Livingstone, Secretary for the Indian Affairs
in New York, to the Council of Trade and Plantations. In
obedience to your Lordships' commands he hath collected and
presents to your Lordships the state of affaires in New Yorke, in
relation to the five Nations and other Indians in that neighbourhood, which he is glad to find your Lordships desirous to have an
account of, because those Indians have for two years last past
been very pressing upon him to come over and give your
Lordships an account of their condition, as by their publick
propositions Anno 1701 and 1702 appears. The advantages which
hath attended H.M. Plantations on the North Continent of
America by the steadyness and firmnesse of the Five Nations
of Indians and the River Indians unto the Government of New
Yorke, are so obvious that they need not be enumerated; they
having fought our battles for us and been a constant barrier of
defence between H.M. Plantations of Virginia and Maryland
and the French, and by their constant vigilance, prevented the
French from making any descent that way; but the late long
war and the great loss which they sustained in their youth hath
almost dispirited them, and during the peace the French, who
are sensible of the mischeifs they suffered from those Indians,
have applyed the cheifest artifices they could invent, either to
gain them to their side, or so to terrify them that they might
be in continual fear of the French power. The French Priests,
by their insinuations and false pretences, have decoy'd over to
them a great many of our Indians, and have raised a great faction
in their Castles; and its fear'd a great many more will follow,
unlesse they have ministers to instruct them in the Christian
Faith, of which they seem very fond. The nations of the Sinnekes
and Onnondages have also received such impressions of the
Christian Religion, that if ministers were planted amongst them,
to convert them to the Christian Faith, it would be of great
advantage to H.M. Plantations, not only in securing these Indians'
friendship, but also in being a cheque and discouragement to
the French emissaries, who frequently visit those nations and
lived there all last winter endeavouring to corrupt their affections
from the English, and make ill impressions in their mind, to the
apparent prejudice of our Trade, which decays dayly more and
more. The mischeifs are increas'd by the French having resettled
Cadarachqui, where they entice our Indians comeing from hunting
and get from them what they take; so that our Indian trade is
not a fifth part so much as it was formerly. My Lord Cornbury,
our present Governour, since his arrival, by his prudence and
conduct, has much contributed to the steadying and securing
of the Indians of the five nations, as well as quelling the heats
and animosities he found in that poor distracted Province among
the inhabitants. My humble opinion, if I may presume to offer
it, is that the only way to secure the northern part of America
and the Fishery there would be the takeing of Canada which
might be done with less charge to the Crown than has been lately
expended at one French island. Some few frigates with a bomb
catch from hence and a regiment of disciplin'd men, with some
good officers to head the men that might be got there, would
doe the business. A party detach'd from the several Colonies,
with our Indians to goe by land from Albany in canoes and to
meet the navall force would facilitate the matter; and it would
be worth while to keep it too: for the French will otherwise
in time grow so formidable, by settling behind all the English
Plantations and keeping a constant communication and
correspondence with Mississeppie, that they will by the Forts
and Settlements they erect in the heart of the country, be enabled
to infest our Plantations by dayly incursions upon them who
lye scattered to and fro without any force to cover them. The
neighbouring Governours may be directed to meet at New Yorke
to consult this matter. But if the takeing of Canada cannot be
effected next summer, then it will be highly requisite that the
frontiers at Albany be better secured, and that the Fort which
my Lord Cornbury has begun be not only compleated with all
speed, but that there be a stone Fort built at Shinnechtady also,
and stockadoe Forts at Nastagione, Half Moon, Sarachtoge,
Skachkook and Kinderhock, and garrison'd with souldiers, and
a troop of dragoons and a company of bushlopers or woodrunners
to be rais'd of the youth at Albany in the summer time to goe
the rounds dayly from garrison to garrison, which with skouts
kept continually out to range the woods from the several smaller
garrisons will be a mean to secure our frontiers that way.
Moreover, if these out-garrisons be not secured, the inhabitants
will desert and leave all the Settlements above the Citty of Albany
wast; which will be prejudicial to H.M. interest and incouragement to the enemy; it having been found by experience last
war that whilst these out-places were garrison'd the Country
was secure, but no sooner were they deserted but the enemy
gain'd ground and scalped our people near to the very gates of
the Citty. This cannot be well effected without 600 men; for
the four Companies that consist of 400 men there, are much
lessen'd by death and desertion, altho' all care imaginable has
been taken by my Lord Cornbury to prevent it; and their pay
which is all money now (and a much better way than provisions)
has not been punctually complyed withall at Albany, there being
some times twelve or thirteen weeks subsistence in arrears (without
quarters) by reason the merchant that was to furnish the money
was not able to do it punctually. This contributed to their
desertion. And if my Lord Cornbury's bills should not be duly
honoured it will be of worse consequence, and I doubt not but
your Lordships will prevent such an accident, which might prove
so fatal as to breake all the Companies, and endanger the security
of that Province, which is so much impoverished by the late
divisions and distractions and its revenue so much anticipated
by the late administration that seven years accrueing revenue
will not pay the debts the Province own now, so that it cannot
be expected they can raise men to secure the fronteers. True
it is we have had no mischieff done by the French or their Indians
since the war was proclaimed, but it is every day expected, and
the only way to be safe is to be upon our guard and well provided,
and that will give heart to our Indians to stick close to us, when
they see we are able not only to defend ourselves but to protect
them. And for the incouragement of those Fuzileers that are
there, or will be sent over from hence to reinforce the garrison,
I humbly conceive the men ought to be kept no longer souldiers
then four years, and then every year a hundred recruits sent over
and a hundred discharg'd, which would people and settle the
countrey, and those men take to the employment of making pitch
and tar and other naval stores, or manure land as they see
convenient, which would contribute much to the strengthening
the frontiers. It will be requisite that a present or bounty be
sent, such as your Lordships shall see meet, to be given to those
Indians of the five Nations and River Indians, but not in such
quantities to all the nations in general, as has been practised
formerly, whereby those of the French faction participated of
H.M. bounty as well as those that are true to the English; but
the present to be made to such only as are known to be wholly
devoted to the interest of the Crown of England, and that some
Christians be appointed to be constantly with the Indians in
their castles to prevent the French intrigues. These, my Lords,
are my sentiments from the observation I have made by my
conversing and living amongst these Indians; and if they are
agreeable to your Lordships' opinion I humbly pray that your
Lordships will intercede with H.M. to order some speedy and
effectual care to be taken that the said Province and the Indians
may be secured, and the French prevented from making any
Setlements in those parts. Signed, Robt. Livingston. Endorsed,
Recd. Read Aug. 10, 1703. 6½ pp. [C.O. 5, 1048. No. 65;
and 5, 1120. pp. 17–25.] |
Aug. 10.
Whitehall. |
1019. Council of Trade and Plantations to Governor Nicholson.
The bearer hereof, Mr. Stephens Thomson, being constituted
H.M. Attorney General of Virginia, we recommend him to you
for your protection and incouragement in the execution of his
office. Signed, Rob. Cecill, Wm. Blathwayt, John Pollexfen,
Matt. Prior. [C.O. 5, 1360. pp. 409.] |
| Aug. 10. |
1020. Reply of Sir Mathew Dudley and others to the Report
of H.R.H. the Lord High Admiral. [Quoted. See July 30.]
(i) Untill wee shall be incorporated and know how much of our
subscription mony will be called for in and paid, and untill wee
shall have made some progress in our undertaking, wee can not
possibly ascertain how much, or whether anything will be laid
out in the purchace of lands. (ii) We do not apprehend the
masts lately had from New England grew near the sea, but many
miles distant up in ye country, and that all masts of 24 inches
diameter and upwards are reserved to the Crown by their late
Majesties' Charter to the Massachusets Bay. However to prevent
the inconveniency suggested, wee are willing to submit to such
clause of reservation, onely pray that instead of masts of 16 inches
diameter, it may be inserted masts of 24 inches diameter, under
which dimensions no persons are restrayn'd from cutting masts,
but all persons may cutt ye same without license; and wee are
farther willing to be restrained from cutting masts and bowsprights of the aforementioned dimensions in ye Province of
N. Hampshire without licence. (iii) The trade to New England
which is now in the hands but of a few and private persons who
vend their goods there at an excessive rate will be dispersed
into the hands of many, and those very persons themselves may,
if they please, be concerned with us: the books being to ly open
for all that are minded to subscribe. (iv) We submit to a
reservation of all royal mines to the Crown, and that none shall
be of the Company but H.M. subjects, which we humbly conceive
does fully answer the intent of this Article. (v) We are willing
to submit to a clause obliging the Company (when required to
contract with the Commissioners of the Navy) to import from
New England and Plantations adjacent for ye use of H.M. Navy,
masts and bowsprits of the largest dimensions at such rates and
prices and upon the like terms the same have for 7 years last
past been usually imported from thence by Mr. Tayler and Mr.
Wallis or others for the use of H.M. Navy, or upon such other
terms as the Commissioners of H.M. Navy and the Company
can agree. (vi) We submit to a clause that H.M. shall have
the preemption of all sorts of naval stores to be produced by
the Company, and that the Company will contract with the
Commissioners of the Navy to supply H.M. therewith at the
then market price or at the prices naval stores imported from
the East Countries are now solde for, and that the same shall
be as good and fit for H.M. service as those imported from the
East Countrys. Signed, Wm. Wharton, Agent. Endorsed, Recd.
Read Aug. 10, 1703. 2 pp. [C.O. 5, 863. No. 48; and 5, 911.
pp. 117–120.] |
| Aug. 10. |
1021. Reasons offerred by Sir Mathew Dudley and other
subscribers against the clause to restrein the transferring of
stock within five years. The clause is without precedent and
inconsistent with the common rules of trade. The undertakers,
being mostly traders, will be frequently exposed to great losses,
and consequently sometimes under a necessity to dispose of their
stock in this Company. It's very improbable persons will
adventure their estates in any undertaking where they cannot
have the free command of what they are to adventure. The
liberty given to executors etc. is granted them to pay the debts
of the testator: the subscribers therefore conceive that a man
himself should have the same liberty as his executors. The
liberty to sell to one of the Company within five years, does not
relieve them whose necessities require them to sell, or give better
encouragement to the undertaking, for the subscribers may
well be supposed to have subscribed already so much as they are
willing to part with the command of, and, in fact, the clause
has already caused several persons of reputation and estate to
cry off the whole affair. It will be impossible to complete the
subscriptions necessary, if the clause be insisted on. Signed,
Wm. Wharton. Endorsed, Recd. Read Aug. 10, 1703. 1¼ pp.
[C.O. 5, 863. No. 49; and 5, 911. pp. 121–124.] |
Aug. 10.
Whitehall. |
1022. Journal of Council of Trade and Plantations. Mr.
Bennet, the Counsellor, laid before the Board several papers
received from his brother, with an abstract of the same. |
|
Mr. Thomson waiting upon their Lordships, they were pleased
to sign and deliver to him a letter to Col. Nicholson recommending
him to his protection in the discharge of his duty. |
|
Mr. Livingston presented a memorial relating to New York,
which was read. |
|
Mr. Wharton and Mr. Bridger presented an answer to H.R.H.
late report concerning Naval Stores etc., and reasons against the
proposed clause etc., which were read, and their Lordships agreed
to take the same into further consideration. [C.O. 391, 16.
pp. 199–201; and 391, 97. pp. 561, 562.] |
| Aug. 10. |
1023. Minutes of Council of Jamaica. Ordered, that the
Receiver General remit a Bill for 150l. sterling to be paid to
the Hon. William Blathwaite, H.M. Auditor General of this
Island, for a year's salary. |
|
20l. paid to Peter Heywood for a year's rent of a storehouse
for ammunition, and wages. |
|
15l. paid to Comadore Andrew Douglas, the sum expended by
him for the hire of a sloop sent to the Experiment at Blewfeilds
with orders to take up Capt. Healis' ship and people run away
with him from this Island. |
|
H.M. Letter addressed to Richard Brewer, Lt. Governor of
Jamaica, July 16, 1702, referring to Letters Pattent granted to
Edward Hyde as Provost Marshall, and giving him leave to
remain in England and appoint a Deputy, read and entered.
Some of the Council enquiring whether any such Pattent hath
been exhibited to the Governor, H.E. laid before them the
following Deposition:—John James, purser of the Speedwell,
merchant ship, with Queen's provisions from England, and also
Executor to Capt. Arthur Smith, deposed Aug. 3, 1703, that on
Aug. 2, between 6 and 7 p.m., Hugh Totterdell came on board
and desired Capt. John Bevis, Commander of the said ship, to
show him what writeings were in the chest of which Mr. Totterdell
had the key, wherein were found the Queen's Pattent for Provost
Marshall to Edward Hyde etc. and Mr. Hyde's Deputation to
Mr. Buck was mentioned in the inventory etc. |
|
Committee appointed to take returns of the Musters of H.M.
soldiers. [C.O. 140, 6. pp. 167–170.] |
