|
April 18/29.
Fort Kijkoveral, Rio Essequebo. |
250. Commandant Beeckman to [? the Directors of the Dutch
West India Company]. Signed, Samuel Beeckman. Endorsed,
July 17 (n.s.), 1704. Dutch. 8 pp. Enclosed, |
|
250. i. List of papers sent to Middelburgh. Dutch. 1¼ pp.
[C.O. 116, 19. Nos. 20, 20. i.] |
| [April 19.] |
251. John Thrale to the Council of Trade and Plantations.
Prays for copys of any writings brought in by the petitioners
against Col. Nicholson, in order to a just defence; and that a
day may be assigned for that purpose. Signed, Jno. Thrale.
Endorsed, Recd. Read April 19, 1704. ¾ p. [C.O. 5, 1314.
No. 6; and 5, 1360. pp. 466, 467.] |
April 19.
Treasury Chambers. |
252. Wm. Lowndes to Wm. Popple. Enclosing following
amended Instructions to Governours, prepared by the Commissioners for Prizes, to be laid before the Council of Trade, etc.,
for H.M. Signature. Signed, Wm. Lowndes. Endorsed, Recd.
Read April 20, 170¾. ¾ p. Enclosed, |
|
252. i. Draught of a Circular Letter to Governors. Whereas
complaints have been made to us of abuses in the Courts
of Admiralty in the Plantations and of irregularities
in the disposition of the Prizes brought into our said
Plantations, etc., We strictly charge and require you
that you be obedient to such orders and instructions
as you shall from time to time receive from our High
Admirall, and that you require all persons whatsoever
in the Plantations whom it may concern to be aiding
and assisting in the recovery of our dues as also our
High Admiral's dues in cases of prizes, according to our
Declaration for the encouragement of our ships of war
and privateers, and in maintaining the rights of the
Admiralty; and that you cause due care to be taken
that all commanders of our ships, privateers, etc., doe
deliver up the prizes by them taken, and brought to any
port within your Government, into the possession of such
Officers for prizes as are properly appointed and
authorized to take charge of the same, and that all
persons be required to be aiding and assisting to the
said Prize-Officers in preventing embezzlements and
recovering Prize-goods, which may happen to be
imbezled and concealed, as well as in the execution of
all orders to them directed in relation to prizes by any
Court of Admiralty legally established by our High
Admirall in our said Plantations etc. 1 p. [C.O. 323, 5.
Nos. 45, 45.i.; and 324, 8. pp. 428–430.] |
April 20.
Bermuda. |
253. Lt. Governor Bennett to the Council of Trade and
Plantations. On Feb. 7 the new Assembly mett, and after sending
for them and recommending the passing a Revenue Act without
limitation, they on the 9th following sent me by a Committee
the enclos'd Act, which for the reasons mentioned in the Preamble
I passed. I have not received any letters from you since those
of July 28, and if any commands have been sent via Barbados
they are still there, for all our vessells that went thither took
in freight for either Virginia, Carolina, New England, Pensilvania,
New York, or some of the Northern Colonies, soe that not clearing
for this place was the reason I have not recd. my pacqts., for by
a vessell that belongs to this country, but bound to Virginia,
the winds being contrary, put in here, the Master told me that
there were severall letters lay for me att Barbados, but would
not take them, not knowing of touching here. I enclose the
examinations of Joseph Holbeach and Boaz Bell (No. 257. i.) relating
to a Spaniard who was taken up here on account of piracy,
which were, unknown to me, taken before Mr. Larkin, and after
swearing the witnesses and signing thereunto, leaving room
for my name, he sent the Registrar wth. them, and desired that
I would swear and examine the witnesses thereon, and that I
would also signe the Depositions, which accordingly I did (being
oblig'd to follow his Instructions), whereupon the man was
committed. But before a Court of Admiralty was held, the
evidences were convey'd away to Carolina in the Shadow, by
the contrivance of Mr. Larkin, as is made appear by several papers
in my pacqts. to your Lordships, so that the accused could not
be tryed for want of witnesses, and hearing the prisoner's character
to be an extraordinary pilot in the West Indies, and he having
been in this Country abt. two months before he was taken up,
and observed to have been frequently walking about the
fortifications and bays, I advised with the Council. It was agreed,
the best way to prevent him immediately going back to the
enemy would be to send him for England as a prisoner of war,
which I have accordingly done, under the care of the Capt. that
brings this pacqt., who has my orders to attend my
Lord Nottingham wth the prisoner. Refers to enclosures. Having
recd. an account that the dispute was over relating to the pretentions of the wreck patentees to the French ship that came
on the sholes of these Islands, I intended to send your Lordships
and the Secretary of the Admiralty an acct. of every peece of
rigging that was saved, and what quantity of logwood was taken
up by Divers, but expecting my Secretary's arrivall here every
day, I thought it convenient to delay it, he takeing an acct.
of everything that was brought on shoar, and therefore can
best swear to the inventorys. Signed, Ben. Bennett.
P.S.—Capt. Nelson the last Assizes (which began in March) indicted
Capt. Richard Penniston and Char. Walker, both of the Councell,
for perjury, but the Grand Jury brought the Bills in ignoramus.
Endorsed, Recd. June 9, Read July 6, 1704. Holograph. 4 pp.
[C.O. 37, 6. No. 14; and 38, 6. pp. 8–12.] |
April 20.
St. James's. |
254. Order of Queen in Council. Upon Representation of
April 4, referring draught of Charter to Thomas Byfeild etc. to
the Attorney and Solicitor General. Signed, Edward Southwell.
Endorsed, Recd. Read April 27, 1704. 1 p. [C.O. 5, 1262.
No. 81; and 5, 1291. p. 30.] |
April 20.
Whitehall. |
255. Wm. Popple, jr., to Sir John Cook, H.M. Advocate
General. The Council of Trade and Plantations desire your
opinion whether privateers or others with letters of marque
are obliged upon their arrival in any Port of England or in the
Plantations to deliver up the prizes taken by them into the
possession of the Commissioners of Prizes. [C.O. 324, 8. pp. 430,
431.] |
April 20.
Whitehall. |
256. Council of Trade and Plantations to the Earl of
Nottingham. Pursuant to H.M. Directions, we have prepared
and enclose an additional Instruction for Privateers and ships
carrying Letters of Marque in reference to the Spaniards in the
West Indies. Annexed, |
|
256. i. Additional Instructions for privateers referred to in
preceding. Not sent. [C.O. 324, 8. pp. 409–427.] |
April 20.
Bermuda. |
257. Lt. Governor Bennett to Mr. Popple. Desires him to
forward a pacquet to Lord Nottingham, etc. Signed, Ben. Bennett.
Endorsed, Recd. June 9, Read July 6, 1704. 1 p. Enclosed, |
|
257.i. Copy of the Examination of Joseph Holbech and
Boaz Bell. Sept. 8, 1702. The sloop Shadow was
piratically seized off Hispaniola by a Spanish briganteen,
and one Slicam Van Elwalle alias Philip Van Vaw Yella
took a leading part therein. Endorsed, Recd. June 9,
1704. 3 pp. |
|
257. ii. Copy of the condemnation of the French prize, The
St. Lawrence the Victorious, at a Court of Admiralty in
Bermuda, Dec. 28, 1703. The Hon. John Follett,
Judge. Same endorsement. 6 pp. |
|
257. iii. Account of the French prize, St. Lawrence the Victorious,
taken by the Adventure of Antigua, Oct., 1703. Same
endorsement. 2 pp. |
|
257. iv. Duplicate of preceding. Endorsed, Recd. July 18,
1704. 2 pp. |
|
257. v. Copy of the Trials of several Pirates, held at a Court of
Admiralty, Bermuda, Oct. 12, 1703. Endorsed, Recd.
June 9, 1704. 42¼ pp. [C.O. 37, 6. Nos. 15, 15.i–v.;
and (without enclosures) 38, 6. pp. 13–15.] |
April 20.
St. James's. |
258. Order of Queen in Council. Approving Representation
of April 4, and ordering the Lt. Gov. of Bermuda to restore
Edward Jones etc. accordingly. Signed, Edward Southwell.
Endorsed, Recd. Read May 8, 1704. 1 p. [C.O. 37, 6. No. 13;
and 38, 5. p. 471.] |
April 20.
St. James's. |
259. Order of Queen in Council. Referring the Representation relating to Mr. Bridger to the Lord High Treasurer to
report his opinion. Signed, Edward Southwell. Endorsed, Recd.
Read April 27, 1704. 1 p. [C.O. 5, 863. No. 91; and 5, 911.
p. 239.] |
April 20.
Boston. |
260. Gov. Dudley to the Council of Trade and Plantations.
Refers to letter of March 10. Since which time severall parties
that I have in the woods to the head of Connecticutt, Merimack
and Saco Rivers are returned, they were in all 600 men in four
parties and kept the forrest upon a 3ft. snow in show shoes, carrying
their provisions with them for 20 days, but found no Indians,
they having early before Christmas gone Eastward as far as
Penobscot, but I have thereby given this country as well as the
Indians conviction, that we can bear the frost and travell with
our victualls as long as they, and the spring being now come,
I am preparing about 700 men to range the coast from Casco Bay
Fort to St. Croix, the extent of this Government, to keep the
Indians from their fishing and planting, to distress them farther
against winter, which will demand 20 sloops with provision to
attend them, and this is besides 600 men in garrison upon
the frontiers in a line from Marlborough to Wells, as
your Lordships will see the frontiere to reach in the mapp,
which I humbly offer'd your Lordships by the Centurion, and as
an encouragement to voluntiers in the service the Assembly at
their last Session agreed to pay 100l. per head for every Indian
above ten years old brought in by the voluntiers who march
without pay. During the time of the forces being abroad, the
French and Indians about 200 came from Mount Reall. directly
over the Lakes, and on Feb. 1 fell in upon a village called Deer
Field, our uppermost Settlement upon Connecticut River, which
was taken in by a palisado containing about 40 houses, wherein
were 70 men inhabitants, and 20 musketeirs I had lodged there
as a garison, but the watch being neglected the Indians got into
their gates, fired severall houses before any alarm, but when
they were got to armes they defended themselves tollerably
till 60 men from that field [? Thatfield], the next village, as I
had ordered, came to their releif and beat the enemy out of
town, where notwithstanding we lost 20 men and 70 women and
children carryed away, but the enemy left 30 men dead behind
them, within 24 houres there were 300 men from the lower towns
of that River, from Springfeild and Hartford, in the village, but for
want of snow shoes dare not follow the enemy, this part is from
Boston 120 miles, and having no officers, nor regular soldiers for
their example, are not so ready and under command as they would
be if H.M. would favour those provinces with two or three foot
Companies to be disposed in these parts as at New Yorke, where
the very being of the soldiers in garison hath secured the Maquas
at peace for severall years last past. While this was doing,
Brouillon, the Governor of Port Royall, had fitted out a privateer
sloop with 40 men to cruise at Cape Codd to look for our Western
victuallers to supply his garison, of which I was aware, and had
written to the Governor of Connecticut not to suffer them to
come round the Cape without a convoy, which I had ordered to
receive them at Martha's Vinyard, where they stayed so long
that by storm the French privateer was driven on shoare, and I
seized the men, who are now prisoners, and may serve to exchange
for the people they carryed away, the said prisoners give me
account that there are drawn together from Quebeck, Port Royall
and our own Indians, 1,000 men, who intend for Piscataqua early
in May; I hope to have a force there ready to receive them,
but the Settlements in the Province of Mayne are so open and
unguarded that it is impossible to save them all from a less number
of men, but I shall doe what is in my power, and besides the
inhabitants I have 300 men in garison and 100 Indians, which
I have lately entertained from Connecticutt Colony, and am
fitting out 10 sloops with about 600 men to seek their headquarters in their absence. I hope I shall keep the war at a good
distance, but their waters and swamps Eastward are so unpassable that it is impossible to root them out. These services
by sea and land demand a very great share of the people of this
Province, and instead of assistance from Rhoad Island, my next
neighbours, I have some hundreds of young fellows, the fittest
for the service fled thither, and entertained there, and I have no
means to reduce them, but they will double their Province,
and give me no assistance of men or money, and in a very short
time if the war presses upon me, I shall be able to doe very little,
my seamen as well as landmen taking refuge there where they
doe no duty nor pay any tax. By the Centurion I gave your
Lordships account of my obedience to H.M. directions in Mr. Allen's
affairs at Piscatacqua, which he acknowledged to have put the
people into a better disposition and just opinion of his title, and
nothing shall be wanting on my part to put him into an absolute
and quiet possession of the Wast, there is some little misunder
standing between himself and Mr. Usher unhappily fallen, which
may prove the greatest obstruction. I have yet no other
assistance for the sea but the Gosper, which is uncapable to doe
the services of one of the Provinces much less of both, and if, as
we have a rumor here, the French fleet should call, we have
nothing to secure us, but they may lye before Boston or New
Castle in Piscataqua, and bomb the places where the seat of our
Trade is. I humbly acknowledge the receipt of your Lordships'
letters of July 29 and Aug. 6, 1703, and thank your Lordships
for the farther report of the state of these H.M. Provinces, and
hope the comming of a fourth-rate frigot to be added to the
Gosper, absolutely necessary for the service here. Your Lordships'
expectation of the Assemblies obedience to H.M. commands,
for the settlement of a salary for the Governor here, must be at
an end, if the Centurion be well arrived as I hope, where they
have given their last peremptory answer to both H.M. gracious
commands, referring to Pemaquid and that of a salary. I can
sincerely protest to your Lordships I never intended in anything
to use more skill nor application privately as well as in the
Assembly, to have obtained an obedience in the rebuilding of
Pemaquid, but without any successe with men that forget their
duty, and the Address that the Representatives privately sent
away digested by a secret Committee with their Memorial, which
I hoped would never have been seen by your Lordships, Mr. Phips
now adviseth me he presented, which I humbly hope your
Lordships will please so far to animadvert upon, as to prevent
such methods for the future and to doe me the favour to acquitt
me, I being perfectly ignorant thereof. I have now a second
Commission for Mr. Byfield, Judge of the Admiralty, and he was
this day sworn in Councill and not before, and I shall leave
nothing undone for H.M. service in the power of that Court.
The Indian boy mentioned in that letter will now be useless, the
Indians having broken all faith with me, and I should not returne
him if he were here. In obedience to the letters of Aug. 6, I
have enclosed plans of all the fortifications in these Provinces,
and what is needfull for the present workes, which Col. Romer
saith was done formerly, or I had not omitted it so long, but
they may be mislayed comming over before my arrivall. Besides
the cannon I am in great want of small armes, which are daily
wasted by my forces abroad, especially the Indians in H.M.
service. It would be a great favour, and that which I pray this
people may deserve, if I might receive a small quantity, if but
500 small armes for both the Provinces. My Lords, I shall
continue with all possible industry and application to serve
H.M. here, and pray that it may be acceptable to H.M. and to
your Lordshipps. The hurry of the war in a great measure
prevents the inhabitants going upon the turpintine and hemp
trade, but I am sensible that if the people here be not put upon
it, or that H.M. will please to have some ships of war built here for
her own service, whereby the people may make returnes, the
woolen trade from England will sensibly be impaired every
year, and great quantities of all sorts of woollen clothes made
here to the great hurt of the Kingdom of England, which it is
my duty with your Lordships' directions to prevent. Signed,
Jos. Dudley. Mr. Romer, the Engineer, is at some distance
from me. If I cannot get his planns of the fortifications they
shall come by the next conveyance. [C.O. 5, 911. pp. 344–352.] |
| April 21. |
261. Copy of a clause in the Charter of the Massachusetts
Bay. Subscribed, |
|
261. i. Opinion of the Attorney General thereon: "If there
be noe other clauses that exclude the power of ye Crown,
I am of opinion H.M. may by her prerogative erect
a Court of Equity in the said Province as by her Royal
authority they are erected in other H.M. Plantations,
and it seemes to me yt. the General Assembly there
cannot by virtue of this clause erect a Court of Equity."
Signed, Edw. Northey. Endorsed, Recd. Read March
[? April] 22, 170¾ 1 p. [C.O. 5, 863. No. 90; and
5, 911. pp. 222, 223.] |
April 21.
DD. Commons. |
262. Advocate General to the Council of Trade and
Plantations. The question proposed to me yesterday is determined by a clause in H.M. Declaration of June 1, 1702. that "all
prizes taken by any Privateer and brought into Port shall, unless
otherwise decreed by the Court of Admiralty, be continued in
the possession of the Privateer, having only Custom-house Officers
on board to secure H.M. dues." Signed, [Sir] J. Cooke.
Endorsed, Recd. Read April 27, 1704. ¾ p. [C.O. 323, 5. No. 46;
and 324, 8. p. 433.] |
April 21.
Boston. |
263. Governor Dudley to [? Mr. Secretary Hedges]. I
adventure this by Lisbon, having no direct conveyance. Repeats
gist of part of No. 260. Prays for payment of the money disburst for raising Capt. Walton, the second Company sent to
Jamaica. I am indebted for the ship that transported them,
etc. Signed, J. Dudley. [C.O. 5, 751. No. 50.] |
April 25.
London. |
264. Jeronimy Clifford to the Council of Trade and
Plantations. Desires that Capt. Nicholas Hallam may be heard
relating to his affairs in Surinam. Signed, Jer. Clifford.
Endorsed, Recd. Read April 27, 1704. 1 p. [C.O. 388, 75.
No. 88.] |
April 25.
Whitehall. |
265. Council of Trade and Plantations to Mr. Secretary
Hedges. Enclose Governor Handasyd's proposal for taking
possession of Campeachy and settling a Governor there, to be
laid before H.M. But whether with regard to the present conjuncture and to the letters that have been writ to the Spanish
Governors, and the opening of that trade in concert with the
Dutch, it be convenient at this time to make such an attempt,
which cannot be done without considerable charge to the Crown,
we most humbly submit to H.M. [C.O. 138, 11. p. 264.] |
| April 25. |
266. Wm. Popple, jr., to Josiah Burchett. The Council of
Trade and Plantations enclose a copy of Governor Handasyd's
letter, relating to H.M. ships of war, for the information of H.R.H.
Council. They have given directions to him that, when anything occurs to him relating to the affairs of the Admiralty, he
give a particular and immediate account thereof to the Lord High
Admiral or H.R.H. Council. And their Lordships having recd.
from Governor Codrington an account of H.R.H. tenths of prizes
condemned at Nevis since July 28, 1702, they have also commanded me to send you the inclosed copy to be laid before
H.R.H. [C.O. 138, 11. p. 263.] |
April 25.
Office of Ordnance. |
267. Board of Ordnance to the Queen. Desire to know
H.M. pleasure with regard to their proposal for an Engineer for
Barbados. [See April 4.] Signed, Granville, Ja. Lowther,
C. Musgrave, Wm. Bridges. Endorsed, Recd. Read April 28,
1704. Copy. 1 p. [C.O. 28, 7. No. 30; and 29, 8. p. 430.] |
April 25.
Whitehall. |
268. Wm. Popple, jr., to Wm. Lowndes. Governor Nicholson
having transmitted several Bills, two of which have relation to
H.M. Customs [(1) For preventing frauds in the Customs and (2) for
improving the staple of tobacco], the Council of Trade and
Plantations desire you to move my Lord High Treasurer, that they
may have the opinion of H.M. Commissioners of the Customs
thereupon. [C.O. 5, 1360. pp. 467, 468.] |
| April 25. |
269. Affidavit of James Blair. In support of the Memorial
of the Major part of the Council of Virginia against Governor
Nicholson. Signed, James Blair. 8¼ pp. [C.O. 5, 1314.
No. 7.] |
| April 25. |
270. Affidavit of Robert Beverley, formerly Burgess of
Assembly of Virginia. Gives evidence of Governor Nicholson's
persecution of him and hectoring the Assembly and of his
" penurious way of living and publick treats. He lives in a
little low wooden house worse then many overseers have . . his
servants are often stinted to one small dish a day among them.
The last General Court his hostess complained that his whole
account came to but 13l. Of late he has usually treated the
Assembly four times a week except once, and commonly sends
drink to several of their chambers," etc., etc. Signed, R. Beverley.
4 large closely written pp. [C.O. 5, 1314. No. 10.] |
| April 25. |
271. Affidavit of Stephen Fouace. Gives evidence of
Governor Nicholson's violent abuse of Col. Jennings, and of
Major Burwell, his mistress's father, etc., who, he thought, were
against his match; and of his abuse of deponent and other
clergymen, etc. Signed, Stephen Fouace. 4 pp. [C.O. 5, 1314.
No. 11.] |
| April 25. |
272. Affidavit of James Wallace. After preaching before
him, Governor Nicholson violently abused him for daring to tell
him his duty etc., etc. Signed, Ja. Wallace. 1¼ large closely
written pp. [C.O. 5, 1314. No. 12.] |
| April 26. |
273. Affidavit of George Luke. He heard Governor Nicholson
cursing and swearing in the churchyard immediately after
receiving the Sacrament. He violently abused him and caused
his wife to be kept in gaol upon a baseless charge of burglary.
Signed, G. Luke. 1 p. [C.O. 5, 1314. No. 13.] |
| [April 26.] |
274. Account of Officers and Sentinells, killed, wounded
deserted and taken prisoner at Guardalupa, since our first landing
March 12, until May 6, 1703. Officers, 18 dead, 18 wounded,
165 living. Sentinells, 226 dead, 191 wounded, 59 deserted,
12 prisoners, 2,719 living. Recd. Read April 26, 1704. 1 p.
[C.O. 152, 5. No. 67.] |
April 27.
Whitehall. |
275. Wm. Popple, jr., to Wm. Lowndes. In answer to your
letter of 19th inst., the Council of Trade and Plantations doubting
whether a clause in the draught of H.M. letter relating to prizes
were agreable to Law etc., have thought fit to consult H.M.
Advocate General. They enclose his opinion, and pray my
Lord Treasurer's further directions. [C.O. 324, 8. pp. 431,
432.] |
| April 27. |
276. Wm. Popple, jr., to Wm. Lowndes. Encloses, to be
laid before the Lord High Treasurer, copies of Governor Handasyd's
Accounts of Prizes condemned in Jamaica, May 4, 1702—March 1,
170¾, and Col. Codrington's Account of Prizes condemned at
Antegoa since the war. [C.O. 138, 11. p. 265.] |
April 27.
Whitehall. |
277. W. Popple to the Clerk of the Council in Waiting.
Encloses Col. Codrington's letter of Feb. 6 etc. (See April 4, 5.)
[C.O. 153, 8. pp. 281, 282.] |
| April 28. |
278. Affidavit of R. Beverley that the following letters
are genuine. Annexed, |
|
(a) Wm. Byrd to Philip Ludwell. Virginia, July 6, 1702.
Concerning the sitting of the Assembly etc. |
|
(b) Robert Carter to Philip Ludwell. March 1, 1702/3. |
|
(c) Col. John Lightfoot to James Blair. Williamsburgh,
Oct. 21, 1703. The Governor abused me for siding
with that d—d Scotch Parson, Blair, and said that
there is a d—d Scotch conspiracy afoot against him,
and that he had not a Counsellor but was a rogue and a
coward, etc., etc. |
|
(d) William Drummond to Capt. Wm. Passinger. Dion
Wright, debtor to me, is designed to go to England with
you without a pass etc. I desire you to deliver him
up to justice. |
|
(e) Wm. Drummond to P. Ludwell. July 6, 1702. Four this
year is at open variance with most of the other inferiour
plannets, etc. The breach is wide and still widens.
Capt. Passinger having refused to carry Wright out of
the country, H.E. said he would pay his debt, which
afterwards he refused to do, and commanded Mr. B.
Harrison, the King's Attorney, to pick some legal
quarrel with me upon the account of my lease, and so to
turn me off the land I live on, which as yet they have
not been able to do etc. The whole, 12 pp. [C.O. 5,
1314. No. 14.] |
| April 28. |
279. Affidavit of Stephen Fouace, that the following letters
are genuine:—(a) Philip Ludwell, jr., to Philip Ludwell, sr.
Mr. Fouace had much reason to leave us, but Mr. Wallace,
Capt. Moody's Chaplain and Minister at Kiquotan, has more.
Describes Governor Nicholson's violent language to Moody,
putting him on oath in Council and endeavouring to extract
evidence against Moody, when there was as yet no complaint
against him etc. Narrates the Governor's violent language and
scurrility towards himself. The occasion of his anger was that
in October General Court we had a meeting of the Governors
of the College, wherein the Governour told us it had been
represented in England that his living in the College had been a
great discouragement to it, and desired the Governors of the
College to declare whether it were so or not. This put us in a
dilemma. We must either accuse the Governor to his face or
tell a lie. Major Allen made him a great compliment, but we
endeavoured to avoid the question and proceeded to other
business, so the question was never put by the Rector, nor nothing
entered in the Minutes. But I presently found that Major Allen's
compliment was entered in the Minutes as a Declaration of the
Governors and protested. The Governor summoned me next
morning and abused me scurrilously when I refused to give
what I had then said under my hand. The Clerk confessed to me
that the Governor had called for the Minutes after the meeting
and dictated that entry to him. I should [not] have wondered
so much at this language if I had heard the scandalous nasty
reports he spread of me at Kiquotan. He said Mr. Blair's wife
and mine were common to us both, and at the same time pretended friendship to my face. The Governor hath been at much
charge and pains to get Addresses. He called the Assembly
together again contrary to his promise; all means were used
to gain the House. The Burgesses were treated very high and
closetted one by one, and those days he did not treat, he eat
with them at the Ordinary. At last when the Book of Claims
was gone to the Council and they thought all was done, several
of the factious party (as they are called) were gone about their
affairs, it was moved that an Address of Thanks should be made
to the Governour, which was easily carried. Cary, Corbin and
Bland were sent out to draw it, but it was drawn by P. Beverley
several days before. The Council would not pass the 10,000lb.
tobacco the House had voted the Speaker. The Governor in
requital of the Address sent a message to the House wherein
he acknowledged he had promised and accordingly would support
them in that priviledge, which made the House stand by their
resolve; but the Council being obstinate, the Country party
took heart and strengthened their party, so that if it had come
to a vote again, they would have carryed it in the House, which
the Speaker perceiving, he made haste to relinquish his pretentions very generously. But it is said the failing of that point
cost the Governor 50l. to P. Beverley. At the General Court,
when the Grand Jury were to be impanelled, Peter Beverley,
Cary and Bland were had there early to be on the Jury, and the
Sheriff was told Mr. Beverley was the fittest man in Virginia
to be foreman. They had such a charge given them as I never
heard before, and, according to their directions, made a very
loyal Address and complimented him highly. Next he calls
the Clergy and pretends that it had been represented to my
Lord Bishop of London that he was not a friend to the Clergy,
and desired them to declare whether it were so or not, and because
their Address should be more hearty, invites them to breakfast
and distributes 20l. amongst them. The Address was accepted
but when Col. Quary saw it, it seems he had better eyes than
the Governour and found the Address not to be so good as he
thought for, wherefore he sent all about Town early in the morning
to call all the clergymen that were in Town (except Mr. Blair),
and when they came he demanded an explanation of the Address,
and those that would not be wheedled, he scared to it, and gave
them an Address the Clergy made to him at his first coming to
copy by. He then carried it to those that were gone out of Town
and got their hands to it at their houses. If they scrupled it,
he hectored them to it. Since that, he hath had several private
caballs with some select clergymen, such as Wheatly, Jones,
Portlock, partly to make him elogies and part to complain against
Mr. Blair. I observe you advise that the Council should petition
the Queen for an augmentation of their salary, which I am much
against, for (1) they have no reason to expect the Governor will
joyn with them in it, unless they will do some very base
thing to ingage him to it. (2) If the Council will be so mean
spirited as to let a Governour do all the ill things he pleases in
their names, and all the while using them like slaves, not suffering
them to have any opinion of their own, and have not the courage
to complain when they have no profit to oblige them, what will
they do when they fear to lose a profitable place, or what will not
others do to gain it ? Arbitrary power is grown to a high pitch
among us. Laws and liberties openly trampled upon, and all
things carryed with high hand to that degree that if any man
do but expose any of the creatures for any villany they commit,
tho in his own justification, immediately a Proclamation is sent
out against them, as tho' he were a rebell and traitor, and all
persons required to give evidence of whatever they know of him.
We have a very notable instance of this lately, betwixt
Major Allen and Major Tho. Swan, and it was only for exposing
Cary and Wilson that the Governor pickt such an immortal quarrel
with Moody, whom he hath used basely beyond expression.
At Yorke Court he committed him to custody of Sheriff, and
used him very grossly before the people for posting Cary, and
when the people were gone, embraced him in his arms and kissed
him, ingages him to complain to him of any affronts offered him,
upon promise to make the parties give him satisfaction, and by
this means gets several letters from Capt. Moody about their
quarrels, and then brings them before the Council in judgment. |
|
We have had an election of Burgesses for the ensuing Assembly
in which there hath been such preoccupation as I think for [sic]
promises, threats, spreading scandalous reports among the people
of worthy persons, brow-beating at elections, and what not.
For instance, the Governor went to Charles City County and
railed publickly at Ben. Harrison, wherever he came, casting
most scandalous reflections on him, perswading all people from
choosing him, promising the sheriffs and clerks places over and
over, and some were told in the Governor's name, they had as
good be damned as choose him. Having rid all through Charles
City from house to house, he went to Surrey and commanded
the High Sherrif to inquire as he went about his county and give
him an account upon oath what persons spoke any ill things of
Major Allen, and at the same time exclaimed bitterly against
Nat. Harrison, and so went through the County perswading
for Major Allen and disswading against Nat. Harrison, tho' to
little purpose. At Surry Election tho' Major Tho. Swan were
chosen unanimously, Major Allen did, in the Governor's name,
forbid the Sheriff, at his perill, to return him. In James City
County, the Sheriff was told he could not serve two masters, and,
if B. Harrison were chosen, he should never expect any favour.
And the Rt. Noble Little Col. Jennings was as busy as a bee in
Yorke; and tho they could say nothing in praise of Ballard,
they spread false reports of other worthy persons among the
people, nay, the Col. was very angry with the People for demanding
a poll. I could give you many other instances, but time being
short I shall close all with poor James City, that hath had the
priviledge of electing a burgess ever since we have had Assemblies,
and that confirmed by a Law now in force, is now refused a writ,
upon pretence that the State House being gone from thence, it
is not the Metropolis; but the true reason is, he doth not expect
a Burgess from thence for his turn. He tells us he will transmit
our petition to the Queen, together with the Law, but we claim
the priviledge by custom long before that Law was made. I
hope you and Sir Jeff. Jefferies and Mr. Perry will all appear
for the poor town, when it comes before the Council of Trade.
By means of these practices, I fear we shall have a very bad
Assembly. Pray God deliver us, for great endeavours are used
already to gain the Burgesses, and if their House be intirely
gained, woe be to us. Here will be no living for any but parasites.
Opening letters is grown so common that it is hardly accounted
a fault. The Governor gave my brother Burwell 2 of his letters
he had kept above half a year. We are fully convinced of the
good offices the worthy Col. Quary did us in England by his
behaviour here. I have heard gold cleers the sight, but I find
a gift blinds the eyes; for tho' the Col. might have seen and heard
enough to convince any man, yet he was so free as to tell me that
he could not see but that the country in general was very well
satisfied with the Governour, and instanced the Addresses, etc. |
|
(b) Benjamin Harrison to [?]. Refers to [Governor Nicholson's ?]
opening of correspondence. All men were never made so uneasy
in my time, and only because a violent man will have it so, etc.
July 6, 1702. |
|
(c) P. Ludwell, jr., to Philip Ludwell, sr. March 15, 1702/3.
Reply to objections to the Address of the Assembly being sent
not by the Governor's hand. We did not know it was necessary.
When the charge of trying the pirates was brought to the Assembly
they were unwilling to pay it. But the Governor promised if they
would pay it, and Address the King for a sum of money out of
the Quit-rents towards building the Capitol, he would joyn with
them, and endeavour to obtain a grant, which they did, but he
did not send the Address. They had therefore no reason to
trust him with one that he endeavoured to prevent, nay he commanded the Clerk of the House in the King's name not to give
copies of the Address or Journal to anyone. I observe it was
asked Mr. Perry if any force were used by the Governor. It is
true there was no force of arms, but there was all the force of
hectoring, threatening and ill-language that could be used. It
was objected that the Assembly sat and spent 1,800l. and gave
their Agent 300l. to avoid giving 900l. I should wonder the
Governor was not ashamed to object that, if I did not know
that nothing will shame him; for if you convince him of never so
great a lie, he does but sneer at it. It was come to that pass,
that the Burgesses, understanding if they would not give it, they
should be kept there till the charge of their sitting exceeded it,
to make them odious to the people, they were so hot they were
just going to pass a vote that the Burgesses should serve for
nothing the remaining part of that Session, but I suppose the
the Governor had intelligence what was said, and sent them
other business, and it appears by their Journal that it was not
their faults. As to the 300l. to the Agent, it will be good fish
when it is caught. It is true it passed the House, but not the
Council, for they thought it too much, tho' I believe everyone
will agree the public credit ought to be maintained. It seems
it was observed that but 4 of the Council signed. It was passed
in full Council, but at last the rest of them were gone out of town.
It is thought very hard that the Address of the whole Country
should not be so much as looked upon, because they did not like
the Messenger. |
|
(d) Benja. Harrison to Philip Ludwell. Virginia, March 16,
1702/3. Our calamities daily increase etc. |
|
(e) Major Lewis Burwell to Philip Ludwell. Virginia, July 23,
1703. I am daily alarmed with threatening messages of ruine,
for what I know not, unless it be because I will not force my
daughter to marry utterly against her will, which is a thing no
Christian body can do. The other day I received a message
that I must ride in one of our troops, and if I refused so to doe,
I am to be fetcht out of my house by violence and compelled
to ride, altho' I have the Queen's quietus for being one of the
Council by reason I am disabled in my limbs. |
|
(f) Philip Ludwell, jr., to Philip Ludwell, sr., Virginia, July 26,
1703. You desire the reasons why Ja. City County had no Court
for some time. The Justices did address the Governor the very
next day after they found that the only Law that impowered them
to try causes was repealed, but could never have any answer,
neither would he lay it before the Assembly. The reason why
it happened only to that County was that at first it was not
known to other Counties, and it happened that very soon after
the Governor fell right out with B. H[arrison] (I suppose about
the amour) and was resolved to draw an odium on him, at the
same time his emissaries perswaded people that tho' the Law
was repealed, they had power, and that if they had not,
it being a general thing, there was no danger, which opinion
most men ran into readily to avoid the inconvenience of wanting
Courts, when they saw the Governor would apply no remedy.
At last when the people petitioned the House of Burgesses, the
Governor managed it so that it was with difficulty they would
do so much as give their opinion that the Justices might decide
causes of meum and tuum, and then the Court did decide causes:
and all the while they never failed to hold Courts duly every
month to grant probates etc., and all things belonging to J.P.s
except trying causes, and that they would have done, if the
Governor and Council would have said they might. So that the
whole fault lay at the Governor's door, and to shew you how
the People resented it, B.H. was unanimously chosen Burgess
the very next election … I could not think Col. Quary could
be so very impudent as to write such damned downright lies as
he hath done. I do not believe he spoke with 3 men of any
note except the Governor and two of his creatures and Mr. Blair
and myself. I hear he is to be here in the fall. I wish he may
not embroil this Government as he did that of Carolina. I suppose my brother Burwell tells you how true that part of the
Col.'s letter is that the Governor is become so entire a convert,
and hath laid aside the amour. He and his creatures have
industriously spread abroad, that tho' Lucy would not accept
him, she and her friends had taken presents to the value of 500l.
All the things that she had received were 3½ yards of dirty point
lace and a purse containing 8 stone rings and a small seal, which
he put into her hand wrapt up in her handkercher, and rid away.
She sent them back and he returned them, and we then left them
again at his house, whereat the Governor violently abused me, etc. |
|
(g) B. H[arrison] to Philip Ludwell. May 28, 1703. Places
are now shifted as often as the occasion requires to put out or in,
as men will or will not serve a turn . . . I know no better way
we had than to imploy men that go out of the country that are
witnesses to the truth of our complaints etc. Quary's arrival
did but blow the coals that flamed before. He was not sent for
England to speak truth, and before he returned he forgot to do
it. What could anybody expect from the Country's profest
enemy, but to do what mischief he could. There was a great
design on foot between him, Sr Thomas Lawrence and somebody else, but I thank God 'tis defeated. There is a little
confident fellow gone in the last fleet, a second Denis Wright,
who I suppose is to add a second edition to Quary's romance,
but Mr. Wallis is gone likewise, a man of good life and credit.
… Col. Leigh fell from his horse lately and cracked his
scull and is dead. 'Tis said he was drunk at Parson Booker's
of the Sabbath Day, and going home happened to that
accident. |
|
(h) Nath. Harrison to Stephen Fouace, July 15, 1702.
Describes an interview at which the Governor swore at him "at a
most horrible and blasphemous rate," etc. |
|
(i) Lewis Burwell to Stephen Fouace. Virginia, July 22,
1702. I purpose for England, for I shall not be able to live here
… we meekly lay under heavy threats of ruin, etc. |
|
(j) Nath. Burwell to Phil. Ludwell. Oct. 13, 1703. The
Governor continues to rage against my father, etc. The whole
endorsed, Recd. Read April 28th, 1704. 45 pp. [C.O. 5, 1314.
No. 15.] |
April 28.
Whitehall. |
280. W. Popple, jr., to Mr. Attorney or Mr. Solicitor General.
The Council of Trade and Plantations desire your opinion in
point of Law upon the Act for establishing Courts and settling due
methods for the administration of Justice in Antigua, passed there
Feb. 8 last. I am further to desire Mr. Attorney General's answer
to the letter I writ him March 31. [C.O. 153, 8. p. 283.] |
April 28.
Whitehall. |
281. Council of Trade and Plantations to Mr. Secretary
Hedges. The convoys being shortly to sail for Newfoundland,
we send you the draught of such a Commission as has been yearly
granted to the Commodore for commanding the Forts and Soldiers
during his stay there, as also the draught of a Commission to the
Captain of the said soldiers for commanding in chief in the absence
of such Commodore, which we pray you to lay before H.M. for
her royal signature. Annexed, |
|
281. i. Draught of Commission for the Commodore referred
to above. [C.O. 195, 3. pp. 301–303.] |
April 29.
Whitehall. |
282. W. Popple, jr., to Mr. Attorney and Mr. Solicitor General.
There being three Bills transmitted from Virginia, [for the better
securing the liberty of the subject; for limitation of actions; and for
establishing County Courts etc.], the Council of Trade and
Plantations desire your opinion in point of Law with as much
speed as may be upon them, the Secretary of Virginia attending
here on that account. These Bills may be altered in any part
thereof as Bills transmitted from Ireland. [C.O. 5, 1360. p. 469.] |
