|
Oct. 12.
Whitehall. |
602. William Popple to Josiah Burchett. The Governor of
New England having sent over a particular Messenger to sollicit
for a greater Naval strength to attend that Province, the Council
of Trade and Plantations desire to be informed what directions
H.R.H. has given upon the Representation referred to him Aug. 3.
[C.O. 5, 911. p. 395.] |
Oct. 13.
Whitehall. |
603. W. Popple, jr., to Richard Warr. Encloses following,
Mr. Secretary Harley being out of town. Annexed, |
|
603. i. Council of Trade and Plantations to Mr. Secretary
Harley. In reply to yours of Sept. 12 [q.v.]. Upon a
former complaint of the like nature, we did represent
to the Agents of [Jamaica] as Cal. 1703, p. 722. The
Agents answered that upon the arrival of a single
Regiment at Jamaica the people gave them greater
allowance till the manner of their subsistance might be
settled from England; but that there being 2 Regiments
now there, the people were unable to continue the
same allowances to them both, so that now each officer
has 10s. a week and each private soldier and noncommissioned officer 5s. per week allowed by the Island
over and above their English pay. They promised to
write to their Correspondents that they might endeavour
to persuade the Members of the Assembly to secure and
ascertain quarters to the officers and soldiers instead
of money by a clause in some subsequent Act, which
nevertheless has not yet has its effect. But we conceive
that nothing can be better for the officer and soldier,
for H.M. service and the security of the Island, than
the building of barracks in proper places where the
Regiments may be lodged under fitting regulation,
as in Ireland, and in several garrisons in England, and
wherein the officers may have due care of the health
of their soldiers by restraining them from many
extravagancies they are subject to in open and distant
quarters. We humbly offer that fresh provisions might
be distributed to the officers and soldiers daily from the
stores that may be brought from the Northern
Plantations either by undertakers or officers to be
appointed by H.M. for that purpose, which provisions
(freight and convoy being supplyed by H.M.) may be
furnished at as cheap rates as in England. Enclose
Representation of Oct. 5, 1703. And we do not doubt
but that the Assembly of Jamaica might be induced
readily to contribute a considerable summe towards the
building of such barracks, if H.M. would be pleased
likewise to assist and enable them in the carrying on
of the work. As to the advantages or priviledges to
be allowed the soldiers at Jamaica, we humbly offer
that they ought to be the same at least with those
enjoyed by soldiers elsewhere, vizt. to be admitted
into Chelsea Hospital after 20 years service of the Crown,
or being disabled the service, unless it shall please H.M.
to shorten the term of service for those that go to the
West Indies, after which they may be admitted into the
said Hospital or have a pension equivalent thereunto.
We think it very necessary for the safety of Jamaica
and the Leeward Islands that six additional Companies
raised for those Islands, or the like number of men,
be forthwith dispatched thither [C.O. 138, 11. pp.
335–338.] |
| Oct. 13. |
604. Attorney General to the Council of Trade and Plantations. Report on the Acts of Pennsylvania, Nov. 1700 and
Oct. 1701. (1) As to the Law by which Liberty of Conscience is
allowed to every person that shall onely own that God Allmighty
is ye Creator, Upholder and Ruler of ye world, and that he is
oblidged in conscience to live peaceably and quietly under ye
Civil Government, and every person so professing is to be
unmolested for his conscientious perswasion or practise, and is
not obliged to any religious worship whatsoever, but on Sunday
are onely enjoyned for their ease to abstain from toyle and labour,
I am of opinion this Law is not fitt to be confirmed, no regard
being had in it to the Christian Religion, and also for that in the
indulgence allowed to the Quakers in England (I Wm. and Mary
c. 18), they are oblidged by declaration to profess faith in God
and in Jesus Christ, etc., and also for that none can tell what
conscientious practises allowed by this Act may extend to. (2) As
to the Act against Riots, Rioters and Riotous Sports, plays and
games, as far as it concerns riots onely I have no exception to
it, but a penalty of 20s. is laid on the introducer of rude or riotous
sports or prizes, stage plays, masks, revels, bull-baitings, cockfightings, bonfires with such like, or shall practise the same,
which (such like) I am of opinion leaves too great room to make
persons offenders by construction at ye will of the Judge; the
like objection is to another part of this Law, that makes every
person to forfeit 5s. or to be imprisoned 5 days in the House of
Correction that shall be convict of playing at cards, dice, lotterys
or such like enticing vain and evil sports and games, and besides
I think some innocent sports are thereby prohibited without
reason. (3) The Act against adultery and fornication is not fit to
be confirmed, for by it for Adultery a Bill of divorce is allow'd
to the injur'd husband and wife, but the divorce is not explained
whether to be a vinculo matrimonii or onely from bed and board,
as ye Ecclesiastical Laws of England allow, which I think ought
to be ascertained, and for fornication among single people, they
are to marry, which may be unreasonable where young men
may be drawn in by lewd women, and the [clause the]rin touching
a marryed woman having a child in the absence [of her hus]band,
makes her an Adultress unless she can prove by credible [evidence
t]hat her husband cohabited or was in company with her, or
had [been in the] county where she liv'd within a year before the
birth etc., may in many cases be difficult on honest marryed
women who [have hus] bands that are seafaring persons etc. (4) As
to the Act against rape or ravishment, I think it not fit to be
confirmed, for that castration is part of the punish[ment for] ye
2d. offence, wch. I think unreasonable especially in case of a
[marryed ?] man. Besides that is a punishment never inflicted
by any Law [in any of] H.M. Dominions, and no care is taken
for healing the [castrated ?] person. (5) As to the Act against
incest, sodomy and bestiality, I think the punishment of incest
(intended by this Law) without ascertaining what it is by annexing
a table of the degrees of kindred will be inconvenient and
unreasonable, besides the incest intended by this Bill doth appear
to be by marrying; wch. is onely incest, for it is such incest as a
marry'd man may commit. Likewise castration of a marry'd
man is part of his punishment for sodomy or bestiality, and
there is no punishment for bestiality in a woman but to be divorced
from her husband, wch. divorce is not ascertained what it is to
be. (6) The Act against Bigamy I think unreasonable, for it
divorces the first wife and yett makes the husband a prisoner
for life at hard labour for the benefit of her and her children.
(7) The Act against robbing and stealing I am of opinion is too large,
being not only for stealing but also for fraudulently taking or
carrying away of goods, which is unreasonable, for fraudulently
taking may be by construction of Law where no consideration
is, and the punishment besides is too great for a fraudulent taking,
that is not felony by ye Law of England. (8) The Act about
boats and cannoes I think fit to be confirmed for a time onely,
there being a penalty of double ye value of a boat that shall be
sett adrift without consent or leave of ye owner. (9) By the
Act against breaking into houses, it is not said, with intent to
steal, besides the punishment is fourfold satisfaction for wt. shall
be taken, to be publickly whipt and to suffer six moneths
imprisonment, and to be sold for the forfeiture, if not able to
pay, and not said for how long, and selling a man is not a
punishment allow'd by the Law of England. Therefore I think
this Act not proper to be confirmed. (10) The latter objection
applies to the Act against firing of houses. (11) The Act against
murder, whereby whoever shall wilfully or præmeditately kill
another person or be ye cause of or accessory to the death of
any person, shall suffer death, I think it unreasonable, for that
willfull killing may be in a sudden affray, therefore it should not
be wilfully or præmeditately, but wilfully and praemeditately.
(12) As to the Act for County seals, and against counterfeiting
hands and seals, whereby counterfeiting or imitating any seal is
punishable, I think ye word, imitating, too farr, it being general
and not said with intent to defraud, there may be innocent
imitation. (13) The Act about ye recording of deeds, which makes
deeds good that are not inrolled, since former Laws did require
inrollments of deeds, an after-purchaser whose deed is inroll'd
may be overreach'd by allowing, as this Act doth, a former deed
to be good wch. was not inroll'd, and makes inrollment of deeds
not necessary, but evidence if inrolld, I think it unreasonable
to take off the necessity of inrollment, wch. is a great security
to titles in all ye Plantations. (14) By the Act limiting the presentments of the Grand Jury all indictments for trespass are taken
off, where there is remedy for the party injur'd before the Justices,
I think it not reasonable, for there may be prosecutions for the
Crown also, as well as at the suit of the party for his dammages.
(15) The Law about attachments, being to condemn the goods and
lands of persons onely of ye Plantations, will prejudice all owners
of lands and traders remaining in England, therefore I think it
unreasonable and not fitt to be confirmed. (16) By the Act for
naturalization power is given to ye Proprietor or Governor to
naturalize all forreigners coming to the Plantations, all that
were there before the Grant to proprietor, whether Dutch, Swedes,
or Danes, are naturalized by this Act, and since the Proprietor
hath no such power by his grant, I think it not fitt for him to
give it himself by this Act. (17) The Act for ascertaining the
discent of lands etc. giving a power to Executors to sell the real
estates of persons dying [? intestate], and also making ye real,
as well as the personal estates of persons dying intestate to be
distributed, as personal estates of intestates are distributable
in England, I think is inconvenient and unreasonable, especially
because many of the owners of lands there are inhabitants in
England. Besides personal estates of persons dying intestate
are hereby made distributable otherwise than they are in England,
wch. may affect the interests of persons residing in England.
(18) The Act to prevent immoderate fines is against the Law of
England, wch. is onely in case of amercements, not of fines, for
if offenders have onely furniture of their calling and means of
livelihood, they are not to be fin'd anything by this Law, and
no direction is given by it for corporal punishment instead of a
fine, which would have made this Law reasonable. (19) The
Act about defalcations is a good Law, but had been better if the
setting off of debts on stating accounts had been general and
not restrained to the setting off of debts against others of the
like dignity onely. (20) The Act for determining of debts under
40s. is a good law, but rent should have been excepted out of
it, which being for lands, the title of ye lands may come in question,
as if an eviction be pleaded by ye tenant, which it's not reason
to have so arbitrarily and fully determin'd as this Law allows.
(21) The Act to oblige witnesses to give evidence etc. requires two
witnesses in all criminal cases, where by the Law of England one
is sufficient unless in case of treason, and for small criminal matters
not capital. I see no reason to require two witnesses, and great
inconveniences may happen by it, and the trial there being by Jury,
they will judge of the credit of the single witness. (22) The Act
confirming devises of land and validity of nuncupative wills, which
makes all devises of lands good, if the wills in writing be legally
proved in the province within six moneths after ye testator's
death, or within 8 moneths, if ye testator lived out of the
Government, I think unreasonable, for that if a will be made in
England, and all the witnesses here, they must be carried over
to the Province to prove it there, which it will not be in the power
of the devisee to doe. Therefore all that will be reasonable in
this case to enact will be, that the will be proved in ye Province,
or in the Chancery in England, and the bill, answer and
depositions be transmitted thither under the seal of that Court,
to be there registered. This Law also makes a nuncupative will
good so that it be reduced into writing within two days after
the decease of the Testator, and subscribed by two witnesses
who were present at ye making and attested by a J.P. within
10 days after the death of ye Testator, which is different from
the Act of frauds in England, and I am of opinion it is necessary
to have the Law for wills the same as in England by that statute.
(23) The Act impowering widows and administrators to sell so
much of ye lands of intestates as may clear their debts etc. I think
unreasonable, for that such sale may be made notwithstanding
any marriage settlement, and there is no rule sett in wt. manner
younger children and in what the elder shall be provided for.
(24) By the Act for the taking lands in execution for the payment
of debts where the sheriffe cannot come at other effects to satisfy
the same, all lands are liable to sale on judgment, so that the
messuage and plantation where the Defendant lives be not sold
in less than a year after judgment, and before sale the lands to
be appraiz'd by 12 men of the neighbourhood, and then to be
sold by the sheriffe, and such sale shall make a fee simple estate
therein to the buyer or creditor as fully as they were to the debtor
etc. This Law differs from the Law of England but may be
practicable there. (25) The Act for priority of payments to the
inhabitants of this Government preferrs debts on simple contracts
due to the inhabitants before all forreign debts, which being
prejudiciall to the people of England is fitt to be rejected. In
this Law there is a provisoe for factors at coming into that Colony
to enter into ye County Court the name of the person adventuring
by him, and the value of the goods adventured, in wch. case
such adventurers may come in for their debts with the inhabitants.
But I think it unreasonable to exclude the adventurer if his
factor will not make such entry, and if no such entry made by ye
factor, then the goods are to be taken to be his own, so farr as to
be liable to his debts in the country, which is unreasonable.
(26) To the Act for the trial of negroes I see no objection, but that
a negro is to be castrated for attempting to ravish a white woman.
(27) The Act about departers out of this Province obliges all masters
of vessels coming to that Province to give 300l. bond to the Naval
Officer to observe the Laws of that Government, which I take
to be unreasonable, since all ye people of England have a right
of trading thither, and ill use may be made in the Plantations
of such bonds, if given. (28) The Act against the mixing and
adulterating strong liquors lays a severe penalty on any person
selling rumm etc. mixed with water etc. by the judgment of two
credible evidences being convicted thereof. I think it unreasonable, it not being said, knowing ye same to be mixed. (29) The
Act for appointing the rate of the money within this Province and
Territories, I think fit to be repealed, H.M. having settled the
values of coins in all ye Plantations. (30) By the Law against
drunkenness and health-drinking penalties are laid on persons
for drinking healths without being drunk, which is unreasonable.
(31) The Act for bailing of prisoners etc. gives double dammages
against Informers or prosecutors, where a man is wrongfully
imprisoned, which will be so where the person prosecuted is
acquitted, which will discourage prosecutions or probable
causes, therefore this Law not excepting where there is probable
cause for the prosecution, I take to be unreasonable and not fitt
to be confirmed. (32) By the Act for the effectual establishment
of freeholders, all the titles under the Crown before the grant to
the Proprietor, and all his grants are confirmed, and the lands
of any person may be resurvey'd within two years after the
publication of this Act, by the Proprietor or his heirs, and the
Proprietor to have ye overplus measure and ye possessor to
have the refusal, and if less than measure, the Proprietor to make
good the deficiency. This is relating to the property of ye
Governour and inhabitants only, and though inconveniencys
may happen by it after a long possession, yet if the Governour
and Country like it, I have nothing on that account to object.
But there is a clause which makes a survey good, notice being
given to two neighbours, if the owner of ye land be not known,
which is unreasonable, to bind a man by a survey wch. he hath
no oportunity to be present at. There is also a provisoe that the
survey shall not conclude infants, persons beyond the sea, marryed
women or lunatics, and yet no further time than the two years
is given to survey where such are concerned, wch. may render
the Law in great part useless. There is a clause here which
allows land purchased by aliens who die before they are
naturalized to descend to their wives and children, which I take
to be unreasonable, in letting in aliens to purchase and inherit
before and without being obliged to be naturalized, and this
implies that every alien that will come there, how inconvenient
soever his being there may be, may demand and be naturalized.
This Act also confirms all sales made by Attorneys, and the same
is not restrained to such sales as shall be made while their
authoritys are in force, which ought to have been mentioned.
(33) The Law about arrests subjects a man to pay his debt by
servitude if desired by the plaintiff where there is no visible
estate, which may subject masters of ships and others coming
to that Plantation to slavery, which I take to be unreasonable.
(34) By the Law about false imprisonment double dammages are
given against the prosecutor for wrongful imprisonment, wch.
I take to be unreasonable, it not being said, or without probable
cause. (35) By the Law about acknowledging deeds in Court,
a deed delivered into the Court by the Attorney of the maker
thereof is to stand good to all intents and purposes, wch. seems
unreasonable, there not being expressly reserved a liberty of
controverting the authority of ye Attorney, nor any direction
to ye Court to examine the power of the Attorney. (36) The
Law about seven years' possession is unreasonable, in giving an
unquestionable title by seven years possession, not excepting
ye possessors by virtue of particular estates as for years, life or
in taile, wch. possessions ought to end with their estates. (37) By
the Law about the manner of giving evidence, and against such as
lie in conversation, every evidence convict of wilful falsehood
shall suffer such penalty and damage as the person against whom
he bares false witness should have undergone, if guilty, and make
satisfaction to the party wronged and be infamous. This is
further than the Law of England, for if a felon be acquitted,
and ye witness be convicted, he is to be hanged, it not being
restrained to civil cases. (38) The Law for the confirmation of
the Laws, confirming all the Laws made in 1700 is not to be
confirmed, if any one of them be repealed. (39) The Act for
raising 1s. per pound and 6s. per head for the support of the
Government and (40) the Act for raising 2,000l. for the Governour
are expired. And as to all the rest, (65) I find nothing therein
disagreeable to Law or Justice, or prejudiciall to H.M. Royall
Prerogative. Signed, Edw. Northey. Endorsed, Recd. Oct. 13,
1704, Read July 18, 1705. 9 large pp. Partly torn. [C.O. 5,
1263. No. 27; and 5, 1291. pp. 165–191.] |
Oct. 15.
Maryland. |
605. Col. Quary to the Council of Trade and Plantations.
My last to your Lordships was from Virginia by the Fleet that
sayl'd thence June 8. I am now honoured with your Lordships'
letters of Feb. 17 and March 17, etc. I am infinitely obliged to
your Lordships for your generous favour in recommending me to
succeed in the office of Surveyor Generall, etc. In my letter of
Oct. 15 last, your Lordships will find that I have acknowledg'd
the receipt of yours of Feb. 25, 1702/3, and have punctually pursued
your orders, by serving the President and all the Magistrats of
this Government [Pennsylvania, Ed.] with H.M. Order in Councill,
relating to the Courts of Judicature, which hath been noeways
comply'd with. I did inclose Mr. John Moore's letter which gave
the particulars of their Proceedings in Court, to which I referr'd
your Lordships, which very letter or a copy of it was sent hither
by Mr. Penn to this Government, and the use they have made of
it, hath been to discountenance him all they can and turn him
out of all Offices he had in the Government. H.M. letter I did
according to your orders deliver to Mr. Evans, who hath not
been pleased to take the least notice of its contents to me or any
Officer of the Admiralty, but two days after the delivery of it,
he sent to Mr. Moore and discharg'd him from the office of Register
formerly given him by Mr. Penn, the better to encourage him
to execute the office of Attorney Generall, out of which office
they have also turned him, this is all the effects which as yet we
have found by H.M. letter to him for encouraging her officers
of the Admiralty and Prize. I writt to your Lordships in Febry.
last, and amongst other matters gave your Honours account, that
I had served the Deputy Governour with H.M. Order in Councill,
the answer he gave me was that he would take care that the
Queen's Order should be complyed with, but to this very hour
the Courts will not conform, nor is it in his power to oblige them,
as doth appear by the enclosed Address of the Assembly, where
they say that they cannot administer an oath, however are resolv'd
to be Judges of the Courts, and have so little modesty as not only
to refuse complying with the Queen's Order, but doe propose that
all H.M. other subjects may be deny'd the benefit of the Law,
and H.M. favour of being under the security of an oath, where
it concerns their lives liberty and fortunes, but must have no other
security than the Affirmations allowed the Quakers, etc. I find
that noe other obligation was ever required by the Deputy
Governour from the Members of the Councill, more than
the oaths of a Councillor, whereas in all other Governments the
first thing done is, to administer to the Councill, Assembly, all
Justices and Officers the severall oaths appointed by Law, which
was also done in Jersey, where severall of the Councill and most
of the Assembly are Quakers, yett my Lord Cornbury oblig'd
them to take all the oaths in their own form, which accordingly
they did, before they were suffered to act, but here there was
no such thing soe much as required of the Assembly which sate
lately, this unaccountable proceedings surprizes all the neighbouring
Governmts., and looks as if this was an independant Government,
and not under the same Crown and Laws. Inclosed is a coppy
of the Deputy Governour's Proclamation, wherein he makes
use of H.M. name and authority, to exempt and excuse all the
Quakers in the Government from bearing arms, without obliging
them to do anything that might be an equivalent to it, but is
pleas'd to command all other H.M. subjects, to arm and inlist
themselvs at their utmost perill, and this without any Act of
Assembly or Law to oblige them, which looks not only very
partiall, but arbitrary, had he ordered the drumms to beat up for
volunteers it would have been very proper, and would have
answered ye end far better. I am not willing to enlarge on this
subject, but will choose rather to referr it and the Proclamation
to your Lordships' better judgement. I have inclosed the Deputy
Governour's speeches. The Assembly of Pennsylvania mett again
lately but would take no notice of H.M. Order about raising
their quota for the support of Albany, nor doe anything for the
settlement or security of the Country. There is at present a
very great division and confusion in this Government, Quaker
against Quaker, the generallity of the Country are very violent
in opposing those that are for promoting Mr. Penn's intrist,
the quarrell hath been carry'd on so far allready, that the Military
and Civill Officers have been at clubb-law, the Quakers have
indited the Officers of the Militia, not spareing the young
gentleman Mr. Penn himself, who they have presented in their
Courts, this hath so disobliged the Lieut. Governor, that he
then resolved to put the Queen's Order in force, and by his
Proclamation to declare the Proceedings of their Court against
one of their Militia Officers voyd, this hath so insens'd the Quakers
that they resolve on revenge, on this occasion the Lieut. Governour
sent to me for the Queen's Order, his letter with my answer is
inclosed, all things are at present in great confusion, and young
Mr. Penn so very uneasy with the Quakers that he hath
publiquely renounc'd them all and hath put on his sword, he
goes home for England in the Jersy man-of-warr from New York,
and resolvs to perswade his Father to resign up the Government
to H.M., and indeed considering how confus'd and disharted this
Governmt. is that they refuse to comply with any thing that
tends to Mr. Penn's intrist, but oppose him all they can, I am of
oppinion that Mr. Penn will now be willing to part with the
Governmt. on farr easier terms than formerly, he hath quite lost
the end of sending his son over hither. There was a proposall
made by a great part of the Country, to raise a considerable
summ of money for Mr. Penn, provided that he or his son came
to settle amongst them in a certaine limmitted time, in pursuance
of which agreement, the young Gentleman came over, but they
are now so incens'd against bothe Father and son, that they
will not advance a penny, so that he hath lost his labour, and
returns empty, nor will the Quakers give Mr. Penn's Lieut. Governr.
anything to support him. I did attend my Lord Cornbury
all the time that the Assembly sate at Burlington, which was
about a month, which time they trifled away to noe purpose,
though my Lord recommended dispatch, and acquainted them
that the Queen's service required his being in New York the
beginning of Oct., and although they did in their Address to H.E.
promise to answer all things propos'd to them in his speech, yett
took noe notice of the essentiall matters till within few days
before my Lord was obliged to goe to York, and then they brought
in a Bill to settle the Revenue, they gave it a first reading and
then adjourned the second reading for severall days, on purpose
(as was said by some of their own House) that it might not be
ready to pass; my Lord, who was noe stranger to every step
they took, and what they designed, found that it was absolutely
necessary for the Queen's service to dissolve them, which
accordingly he did, to the generall satisfaction of the country,
for these men were chosen by the voices of 43 men, when at the
same time there appear'd in the feild about 400 who voted for
others, and yet the sheriff returned the vote of the few. My
Lord is very well assured of a good choice for the next Assembly,
and that they will effectually answer all the ends of setleing
and supporting the Government of that Province, the whole
Country will be very easy and satisfyed to have an Assembly of
their own free choice, then they will cheerfully pay their taxes
and obey what laws are made. My Lord hath issu'd writts for
a New Assembly to meet Nov. 8 next, and though it be late
in the year, yet when they come with a resolution to doe
business heartily, much may be done in a little time, for the
cold weather will quicken them to dispatch and hasten home.
I am now oblig'd in order to the Queen's service to hasten towards
Virginia and North Carolina, and hope to be back time enough
to attend my Lord Cornbury at the next Assembly in New Jersy,
I am come thus far in my journey. The Assembly of this Province
summoned by H.E. Governour Seymour broke up on Tuesday,
Oct. 3, after they had sate about a month, in which time they
revis'd most of all the Laws, the coppys of all which with the
Journall of the Councill and Assembly are so volumnious that
it's impossible for them to be transcrib'd and sent by this
opportunity, but I am sure H.E. will take care that they be sent
by the next. I will deferr the history of this Assembly till my
return from North Carolina, but H.E. hath had as nice and
difficult a game to play as ever Governour had, and had he not
managed it with the greatest prudence imaginable, they would
have made all offices in the Queen's gift worth nothing, few were
chosen in this Assembly but such as had promis'd to oppose the
intrist of the Crown as much as they could, and they were steady
in this principall, wch. will appear to your Lordships when I tell
you that notwithstanding all H.E.'s pains and endeavours, by
a proper application to them both publickly and privatly, yet
nothing could prevail on them to supply their quota for ye support
of Albany, perhaps I may truly say that never such a sowre
temper'd people ever mett together in an Assembly before, for
which all the men of sence in the Government doe condemn
them, however the Governour carryed himself towards them
with that evenness of temper that they all went away very well
sattisfyed with him, which I hope will have that good effect
on them as to lett them see their folly, and mannage themselvs
with more reason and prudence at their next meeting etc. In
August last there was a prize brought into this Government,
the manner of her caption being very uncommon I have sent
the Master's deposition of the circumstances and manner of it.
The prize is a small ship, her loading was 150 hhds. of brown
sugar, 36 hhds. of white sugar, and a parcell of ginger, the
particular weights and vallue of the said cargoe will appear by
the enclosed account of appraisement which was done by very
honest men on their oaths; Governour Seymour hath taken all
the care and caution immaginable in every step relating to this
affair, he hath by the advice of his Councill put the whole concern
into the hands of Col. Hamond, one of the Councill, and a
gentleman of worth and ability, and resolves that the whole
effects shall continue in his hands untill he receives farther orders.
The case of the prize being extraordinary, H.E. is not fully
satisfy'd whither the property belongs to H.M. or the Lord High
Admirall, nor what proportion thereof belongs to the captors,
and therefore resolvs to have all the effects kept intire without
any division, till he can receive directions about it; some time
after the prize was brought in, and put into the custody of Col.
Hammond, Mr. Hercules Couts came to H.E. and demanded
the possession of the prize, by vertue of a Commission from one
Dodd, a person altogether unknown to H.E. or any other in
this Governmt., nor doth it appear how this Gentleman derives
a power to depute Mr. Couts, soe that under this difficulty in a
matter of such consequence, the Governour thought it very
proper to have the advice of the Councill and accordingly he
stated the case to them fully, to which they gave their opinion
very unanimously, that since Mr. Dodd was altogether unknown,
and that it did not appear how he derived a power for granting
the Commission to Mr. Coots, they were of opinion that H.E.
could not be safe in delivering up the ship and cargoe to him.
The ship by which I send this sayls in the morning, so that I
have not time to say what I designed, and I am forc'd to referr
your Honours to my next, which I purpose shall be from Virginia.
Signed, Robt. Quary. Endorsed, Recd. 15th, Read Jan. 19th, 1704/5.
4 closely written pp. Enclosed, |
|
605. i. Copy of Address of the Assembly of Pennsylvania to
Lt. Gov. Evans. [Duplicate of No. 359.vi.] Endorsed,
Recd. Jan. 15, 1704/5. 1 p. |
|
605. ii. Proclamation by Lt. Gov. Evans, Sept. 23, 1704.
Forasmuch as H.M. in Council Jan. 22, 1702(3), ordered
that all persons, who in England are obliged and are
willing to take an oath in any publick or judicial
proceeding, be admitted so to doe by ye proper officers
and judges in Pensilvania and the Lower Counties,
in default of all wch., or in case the Judges should refuse
to administer the oath, their proceedings were thereby
declared null and void, and whereas information has
been given to me in Council by the Attorney General
and petition of Enoch Storey of Philadelphia, Innholder,
that at a Court held for the said City, Aug. 31 last,
before Anthony Morris, Mayor, David Lloyd, Recorder,
and the Aldermen of the same city, Storey, upon his
prosecution of a traverse, required that William Bevon,
the only evidence against him, might by that Court
have an oath administered unto him, the said evidence at
yt. time also publicly declaring his willingness to take
the same, nevertheless the Court utterly refused to
administer any oath, but in contempt of H.M. Order
commanded him to take the affirmation for Quakers,
which was done and the Jury found Storey guilty;
I therefore pronounce the proceedings null and void.
Signed, John Evans. Endorsed as preceding. Copy.
1 p. |
|
605. iii. (a) Copy of Address of the Assembly of Pennsylvania
to Lt. Gov. Evans. We the Assembly having after a
considerable time spent in the service of the Country
prepared and presented to the Governr. for his
consideration certain bills to be passed into Laws for
the securing the good people of this Province in their
just rights, liberties and properties, being in expectation
that if anything were thought therein unreasonably
urg'd or wanted explanation, the Governor would
have taken seasonable opportunitys of signifying the
same to us, and thereupon a conference might be
appointed between ye Governor or such as he may order
on his behalf and a Committee of this House, wch.
might have settled matters between us. But so it is,
that nothing of this kind being effected while we have
patiently waited the Governor's pleasure in the premisses
we are given to understand that John Guest, one of
the Council, not having had due regard to the welfare
and prosperity of the good people of this Province, nor
to the concord and amity intended by this Assembly
to be kept and maintained with the Governor, hath
used endeavours to render abortive our labours and care
in the premisses by representing our proposalls in the
said bills absurd unreasonable and monstrous, and
ridiculing us both publickly and privatly, tending to
the dishonour of this house and endeavouring to
render us obnoxious to those we represent. Wherefore,
whether such his practices be contrary to the rules of
the Councill board or the oath or attestations there
taken, we shall not determine, but earnestly desire that
he may give satisfaction to this House, and receive a
just rebuke for his said abusive, false and scandalous
speeches etc. |
|
605. iii. (b) Copy of a clause proposed for imposing the
Quakers' Test. Whereas the Mayor, Aldermen, Freemen and Commonalty of the City are for the most
part such as for conscience sake cannot take or administer
oaths, and forasmuch as the solemn affirmation allowed
by the Statute to be taken by the people called Quakers
instead of oaths is and ought to be deemed as binding
upon the consciences of other Christian people that
take the same, as it can be upon the Quakers, seeing
ye Affirmation and the Oath (tho' differently administered
and taken) are noe more in construction of Law but
religious obligations upon the consciences of those
persons that take them, and in regard the affirmation
is by the Parliament of England adjudged to be of the
same force and effect as an oath in all Courts of Justice
etc., there can be no just grounds for any to refuse the
said affirmation instead of an oath. Therefore, least
there should be a failure of Justice in that case, and to
[the] end that the greatest part of such as can be
serviceable to the Governmt. may not be rendered
useless therein, Be it further enacted by the Authority
aforesaid that all persons whatsoever, who from time to
time shall be chosen officers of and for the said Citty
and every of them who before they enter upon their
respective offices subscribe ye Declarations and
Profession of Faith as is required of members of Assembly,
as is required by an Act for removing disputes concerning
the sitting of this present Assembly, etc., and make their
solemn affirmation and ingagements for the due execution
of their offices according to the Charter, are hereby
declared effectually qualifyed to act in their offices etc.
as fully and amply as if they had been qualified by
oaths; and all persons that shall take ye sd. solemn
affirmation instead of an oath shall be allowed to serve
as jurymen or upon inquests, and to give evidence etc.
and all such solemn affirmations or declarations shall
be adjudged to be of the same force and effect as if they
had taken an oath, and be liable for similar penaltys
etc. The whole endorsed, Recd. Jan. 15, 1704/5. 2¼ pp. |
|
605. iv. Copy of the Speech of Lt. Gov. Evans to the
Representatives of Pennsylvania. Duplicate of No. 359.ii.
1 p. |
|
605. v. Copy of Lt. Governor Evans' speech to the Representatives of Pennsylvania, April, 1704. Duplicate of
No. 359. iv. Endorsed as preceding. 1 p. |
|
605. vi. Copy of the Condesention of the Representatives of
the Three Lower Counties. Duplicate of No. 359.iii. 1 p. |
|
605. vii. Copy of Reply [to preceding] from the Representatives
of the Province to the Representatives of the Territories.
We are sorry you should pretend you mett here in
expectation of joyning with us in Assembly, whereas
yourselves declared in the Conference wee had with
you yesterday, that you could not act in conjunction
with us, in regard you were called by the Governor's
writt and we by Charter. Wee cannot conceive how
you now can call the Disunion a pretended one, wch.
has been so often debated in Assembly, and which the
actions of your Representatives force upon us by their
refusing to act with us on several occasions, and
particularly by your slight of the Charter in neglecting
to choose Representatives to serve in Assembly, 8ber
1702. And notwithstanding the then Lt. Govt. was
pleased to indulge you in issuing forth his writts
impowering the Countys you represent to make a new
election, wch. they so farr complied withall as to choose
and send up their Delegates to meet those of the Province
upon Nov. 16 following, according to the tenor of the
writts, yett your Representatives when assembled with
them of the Province, after severall debates between
them about acting conjunctly, were pleased to express
their unwillingness thereunto, and declared their dislike
of the Charter, and refused to agree to joyn together
with us to act by it in Legislation. All wch. was more
at large signifyed by the Representatives of the Province
to the then Lt. Gov., whereunto they were necessitated
by direction of the Charter, after the opposition made
to the said union by the Representatives, so that being
by virtue of the Charter formed into a distinct Assembly
and our number settled accordingly, wee conceive it
is not now in our power to alter our number without a
violation of the Charter and trust reposed in us by those
wee represent, neither can wee perceive any expedient
proposed by you (tho' desired by us in the Conference
yesterday) to reconcile your request (of an union) with
the Charter, wch. wee presume is a duty incumbent
on you at whose door the disunion is, since you seem
to desire a reuniting. Wee need not inform you that
by this Charter you have still the opportunity of forming
yourselves into a distinct Assembly and enjoyning
[sic] the priviledges thereof as well as the Province,
wch. wee hope by our candour and good neighbourhood
towards each other may prevent the inconveniency
and prejudice you seem to doubt as the consequence of
our acting separately, and not prove prejudiciall to
the prosperity and safety of the Government under
the present administration. This being our plain and
genuine answer, wee hope it will prove satisfactory
to you from your Reall Friends and Well-wishers.
Signed, David Lloyd, Speaker. Endorsed, Recd. Jan. 15,
1704/5. 1 p. |
|
605. viii. Address of the Assembly of Pennsylvania to Lt.
Gov. Evans. Duplicate of No. 359. v. |
|
605. ix. Address of the People called Quakers convened in
Assembly at Philadelphia, to the Queen. We have
laboured under some difficulty since the publication
of thy Royall Order in Councill Jan. 21, 1702. In
regard wee cannot administer oaths nor joyn with
others in so doeing, severall of us who might be
serviceable to our Country in Courts of Judicature are
excluded, which refusall of ours proceeds not from
disloyalty but tenderness of conscience. Now forasmuch
as those who have been so earnest to introduce oaths
here, have often declared they would be willing to take
the Affirmation instead, upon all occasions wherein
the life of a subject was not in question, and the said
Affirmation being, as wee understand, as great security
as an oath, since none but the most profligate of
mankind, whom oaths cannot bind, will falsifye a solemn
Attest, and Justice requiring the same security for
preservation of Estate as Life, and the people called
Quakers being still the most considerable for number
and estates are consequently like to be the greater
losers in case the administration of this Governmt.
without oaths should prove detrimentall to the subjects
in generall, Pray that the Affirmation may be allowed
here to all persons and on all occasions instead of an
Oath, which shall be thankfully acknowledged as an
Act of Royal Clemency and indulgence to us who shall
always study to approve ourselves thy sincere, loving
and obedient subjects. Copy. 1¾ pp. |
|
605. x. Assembly of Pennsylvania to the Queen. Loyal
Address, and thanks for H.M. expressions of favour
to our Proprietary, William Penn, and H.M. approbation
of Lt. Gov. Evans. Endorsed, Recd. Jan. 15, 1704/5.
Copy. ½ p. |
|
605. xi. Mr. Rolfe to Col. Quary. Philada Sept. 2, 1704.
Mr. Penn [jr.] hath been wth. Mdm. Quary from the
Governor to desire her to send him the Queen's Order
for quallifying of the Courts, but Mdm. Quary cannot
find it; then he requested her to send to you to know
were it was, for he hath occasion to make use of't now
in the Mayor's Court, Mr. Penn being presented to
them for abusing the Constable and watch. Signed,
Jos. Rolfe. Endorsed as preceding. Addressed. 1 p. |
|
605. xii. Proclamation by Lt. Gov. Evans. Duplicate of
No. 359. i. |
|
605. xiii. Lt. Gov. Evans to Col. Quary. Philada., Sept. 2,
1704. Enquires for H.M. Order as in No. 605. xi.
Signed, John Evans. Same endorsement. Addressed.
Holograph. 1 p. |
|
605. xiv. Col. Quary to Lt. Gov. Evans. Burlington, Sept. 3,
1704. I was very much surpriz'd at your Honour's
sending to me now for H.M. Order, as above. I have not
only in obedience to the Council of Trade serv'd ye
President and Councill wth. it, but took care to have
it publish'd in all the severall Courts of the Province,
and did likewise at your honour's first arivall deliver
unto you one of the said Orders. I am concern'd at
your Honour that you have now an occasion now to
make use of it. If I mistake not there hath been the
same occasion ever since your Honour's coming to the
Governmt., as well as before, nor can any Magistrate
pretend not to know the purport of that Order, since
the Generall Assembly have thought fitt to Address
H.M. on that head. However, if the first Order
deliver'd you be mislaid, I will come down on purpose
to supply you wth. another. Same endorsement. Copy.
¾ p. [C.O. 5, 1263. Nos. 6, 6.i.–xii., xiv., xv.; and
(without enclosures) 5, 1291. pp. 102–124.] |
Oct. 16.
St. John's |
606. Petition of Inhabitants and Traders to Newfoundland
to the Council of Trade and Plantations. Thomas Lloyd, late
Commander in Chief of H.M. garrisons in St. John's, behaved
himself with such arrogance and self-interest as had like to have
destroyed ye English interest in this most noble Fishery.
Insomuch that the soulders for want of due payment of their
subsistence, provisions and other grevances that they in their
Petition set forth, and that we know and are satisfied are trew,
as the seting them out to ye Fishery at 16l. per man, as if they
had bin his slaves, forcing them to take 6l. for their servis from
May to Aug, and he to have ye other 10l. and their subsistance
and victuals, and ye said 6l. be paid them in goods at extravagant
rates, for this and other grevances he on Sept. 22 last was
suspended, ye soulders having declared that his avirice was so
insoportable that they could no longer live under it etc. His
carrage to us is so arrogant that we had better be under an
absolute power than under ye protection of such a Commander,
and since his being suspended he hath contrived several papers
in his own behalf, viz., how cearful he hath bin in sending spies
last winter to Plasentia. The spies indeed ware sent, but he
gathered ready money from us to pay them wth., and forced
ym. to take goods from him at such extravagant rates as
disincouraged them from further service. But he, by threatning
some to run them threw, if did not sign, others by fair promises,
and some yt. could not read would go privatly to and get them
to put their marks, not knowing wt. it was to, by wch. means he
got several of us to sign his papers and then called them aboard
ye Commodore to make them own that it was their hand, ye
which out of fear was done; and at his going off declared that
if 500l. would purchas a Commission to come hither again he
would give it and come to plague ye countrey. We therefore
pray that our case may be inspected and that you'l represent
it to ye Queen in Council, least if such a mercenary and cruell
man should come hether again, this only garrison in ye cuntry
may be lost, and by that means this most noble fishery. 61 signatures. Endorsed, Recd. 8th, Read Dec. 12th, 1704. 1½ pp.
Enclosed, |
|
606. i. Deposition of John Marshall that Capt. Lloyd
threatened him with a drawn sword as above. Same
endorsement. ½ p. |
|
606. ii. Copy of a Petition to Capt. Lloyd from his Company
of soldiers, complaining of Mr. Roope's barbarous treatment of them when employed to work on the boom etc.
and praising Capt. Lloyd. Subscribed, Declaration of
Noncommissioned Officers that this paper was drawn
up by Capt. Lloyd himself, to clear himself, he having
at the time let out 16 men to the fishery etc. 5 signatures. Same endorsement. 1 p. [C.O. 194, 3. Nos.
37, 37.i, ii.] |
Oct. 17.
Whitehall. |
607. W. Popple, jr., to Wm. Bridges, Melisha Holder, and
Robert Chester. The Council of Trade and Plantations having
several complaints before them against Governor Sir B. Granville,
desire to speak with you on Thursday, and that you would give
them an account whether there be any Act for settling the number
to make a quorum in the Assembly of Barbados, and if there be
no such Act, how and when the said Quorum came to be 15.
[C.O. 29, 9.pp. 53, 54.] |
Oct. 17.
Boston. |
608. Wm. Popple, jr., to Robt. Heysham. The Council
of Trade and Plantations desire to speak with you and the other
gentlemen concerned in the complaints against Governor Sir B.
Granville, etc. [C.O. 29, 9. pp. 54, 55.] |
Oct. 17.
Boston. |
609. Governor Dudley to W. Popple. Acknowledges letters.
Refers to enclosure. I believe we have at this time near 40 vessels
in Martineco, and if there were a constant cruise at Barbados
and the Leeward Islands, it is scarce probable it would be so,
one good cruiser has preserved this coast hitherto, and I hope
for a supply which I have earnestly prayed for. Signed, J.
Dudley. Endorsed, Recd. Dec. 23, 1704, Read Jan. 31, 1704/5.
Holograph. 1 p.Enclosed, |
|
609. i. Some merchants of Boston to Governor Dudley. See
Minutes of Council of the Massachusets Bay, Oct. 9, 1704.
Endorsed, as preceding. 2 pp. [C.O. 5, 863. Nos. 120,
120.i.; and (without enclosure) 5, 911. pp. 442, 443.] |
| Oct. 19. |
610. Proofs particularly desired from the Four Suspended
Councillors of Barbados [see July 1, Sept. 21]. That they prove
(1) the Militia is in a miserable confusion; (2) that the Governor
called the Counsellors cowards; (3) that he has granted
Commissions to Judges and Justices of the Peace without the
consent and advice of the Council, and particularly in the case
of Holder; (4) that he would have made an advantage to himself
of 3,000l. in case the Bill for the security of the bays, etc. had past.
Endorsed, Delivered to Mr. Heysham etc. Oct. 19, 1704. 1 p.
[C.O. 28, 7. No. 53; and 29, 9. pp. 55, 56.] |
| Oct. 19. |
611. Proofs particularly desired from the Gentlemen of
the Assembly concerned in the petition against Sir B. Granville
[above]. To prove (1) that the Militia has been commanded
by him upon duty contrary to the Law of the Island. (2) that
the Governor is obliged upon commanding the Militia upon duty
to have the consent of the Council, and how he has transgressed
any Act of Assembly in reference to the Militia. (3) Who declared
that there was no better way to give the Governor money than
by such a Bill? (4) To prove that the commanding the
inhabitants upon duty as guards is illegal and unusual. (5) How
would the 2 companys of Grenadiers be destructive to the Militia,
and be a means to evade the Queen's forbidding Governours to
receive presents? (6) To prove how the greatest part of 9,000l.
per annum is by the Bill to be paid into the hands of the Governor
etc. (7) That by removal of officers, there is scarce a compleat
regiment in the Island. (8) That the Governor ought not to
appoint Militia officers without the consent of the Council, and
how many of the officers appointed by him are unqualified and
constituted contrary to Law. (9) To prove it legal or fitting
for Assembly men disliking or apprehending the ill consequences
of any Bill to absent themselves from the House. (10) That
the Governor has received from the Assembly 600l. and 500l.
sterl., and for what use, and that he desired the alteration of the
Minutes of the Assembly for that it would otherwise appear a
present from the Assembly. (11) That the Jews have presented
him with 200l. (12) and have many priviledges allow'd them by
him contrary to Law. (13) That he has received presents of
considerable value from private persons, especially from the
Scotch. (14) That many Scotch in places there are disaffected
to the English Government. (15) That the Governor's House
will cost the Island 600l. per annum and 5,000l. sterl. (16) To
prove what is alledged concerning Robert Steward, and how
far the Governour is concerned therein. (17) To prove exactions
upon Masters of ships that sail without or with convoys, or the
Governor's obliging them to petition for leave to sail with convoys,
and whether such practice be an innovation. (18) How he has
violated his Instructions in placing or displacing Judges and
other officers, civil and military. (19) To prove what is alledg'd
concerning Judge Holder. Endorsed as preceding. 4 pp. [C.O.
28, 7. No. 54; and 29, 9. pp. 56–60.] |
Oct. 19.
Whitehall. |
612. Council of Trade and Plantations to the Lord High
Treasurer. Enclose account of incidental charges of the office,
Midsummer to Michaelmas, amounting to 73l. 10s. 3d., with the
particulars certified. [C.O. 389, 36. pp. 222–224.] |
| Oct. 20. |
613. Lt. Governor Bennett to [?]. Acknowledges Lord
Nottingham's letter of Feb. 23 in pacquet of May 4 etc. Encloses
following. I shall send a copy to the Governor of Jamaica.
Signed, Ben. Bennett. Holograph. 1 p.Enclosed, |
|
613. i. Deposition of S. Seares, Master of the sloop Benjamin
and Mary. Arriving at Jamaica in July from these
Islands with a quantity of onions, Mr. Fuller, boatswain
of H.M.S. Hulk, bought them for 210l. Jamaica money.
He paid him 50l. and to make good the remainder put
on board a quantity of cordidge to be sold in Bermuda,
part of which deponent now apprehends belonged to
H.M. This part was seized and secured by H.E. order
for H.M. use. Signed, Solomon Seares. Sept. 19, 1704.
Copy. 1 p. [C.O. 37, 26. Nos. 5, 5.i.] |
Oct. 20.
Bermuda. |
614. Lt. Governor Bennett to the Council of Trade and
Plantations. Acknowledges letters and begins as preceding.
Concludes: By my brother I understand that the patentees for
wrecks have not only sued me in the Court of Admiralty, but
have also exhibited a Bill in Chancery relating to the French
vessell that was lost on the sholes of these Islands some time
since, so that I know not who to be accountable to, neither after
this method will there be much left to account for, for what
rigging and logwood was saved cost me very dear, it being
recovered by boats and divers above 20 miles from the place of my
residence, and about 10 miles from the nearest part of any land;
and for the first week she came on the rocks I employed above
100 men, 20 boats and a sloop, to endeavour to get her off for
H.M. service, which was very expensive to me, no person having
less than half a piece of eight a day, besides paying for the boats
and sloop, and the French prisoners' depositions demonstrated
there was no kind of merchandize on board, but 82 tun of logwood,
all which has not been taken up. I have no news to acquaint
your Lordships with but that it is at least as dangerous to goe to
Barbadoes or any the Leeward Islands, as from hence to England,
the privateers are so thick, which makes me in pain when I send
a packet that way. Signed, Ben. Bennett. Endorsed, Recd.
Feb. 12, Read March 6, 1704/5. Holograph. 2 pp. [C.O. 37, 7.
No. 3; and 38, 6. pp. 95–98.] |
Oct. 20.
Whitehall. |
615. W. Popple, jr., to Mr. Lowndes. Encloses letter from
Dep. Governor Sir Nathaniel Johnson, July 13, 1703 [q.v.], with
depositions. The Council of Trade and Plantations desire you
to move my Lord Treasurer that their Lordships may have the
opinion of the Commissioners of Customs thereupon. [C.O. 5,
1291. p. 59.] |
Oct. 20.
Whitehall. |
616. W. Popple, jr., to the Governor of the Royal African
Company. Encloses copy of Sir N. Johnson's letter July 13,
1703. The Council of Trade and Plantations desire that you
will return an answer of what you know or have to propose thereon.
[C.O. 5, 1291. p. 60.] |
