PENNSYLVANIA AND THE ENGLISH GOVERNMENT, 1 699 -1 704. BV HERMAN V. AMES, UNIVERSITY OF PENNSYLVANIA. Reprinted from the Pennsylvania Magazine of History and Biography, Aprily igoo. PHILADELPHIA. 1900. PENNSYLVANIA AND THE ENGLISH GOVERNMENT, 1699-1704. BY HERMAN V. AMES, UNIVERSITY OF PENNSYLVANIA. Reprinted from the Pennsylvania Magazine of History and Biography, April, igoo. PHILADELPHIA. 1900. PENNSYLVANIA AND THE ENGLISH GOVERN- MENT, 1699-1704. [The following transcripts of manuscript documents in the British Eecord Office, London, were made by the undersigned during the past summer. These extracts are typical of the valuable unpublished ma- terial relating to the Colonial History of Pennsylvania, which is con- tained in two series of Colonial Entry Books, entitled ' ' Proprieties' ' and Plantations General" respectively. A half a century ago the Histori- cal Society of Pennsylvania published in its series of Memoirs (Vol. IV., Part II., pp. 225-385) ''A Catalogue of Papers relating to Pennsylvania and Delaware, deposited at the State Paper Office, ' ' covering the period 1670-1718. This catalogue is not complete, and the references cited have been to a considerable extent superseded, owing to the fact that a few years after its publication all the papers were removed to the new Eecord Office, where they have been rearranged and reclassified. An excellent description of the number and classification of the docu- mentary material relative to America, preserved in the Eecord Office, is given by the late W. Noel Sainsbury, formerly Assistant Keeper of the Public Eecords, in an article entitled ' ' The British Eecord Office, and Materials in it for Early American History," in American Antiquarian Society Publications, meeting held in Boston, April 26, 1893 ; Worces- ter, 1893 ; as also in a paper by Professor Charles M. Andrews on American Colonial History, 1690-1750, in the Annual Eeport of the American Historical Association, 1898, pp. 55-57. No more important contribution could be made to the Colonial History of this State than the publication of all the important documents calendared in the above- mentioned catalogue, as well as others now in the Eecord Office col- lections, relating to Pennsylvania. By so doing this State would be following the example of several of the other original States. The following documents fall into two groups, the first comprising a selection of Letters of Colonel Eobert Quary, the second Letters and Ee- ports of the Board of Trade. The author of these letters. Colonel Eobert Quary, after having been Governor of South Carolina in 1684 and 1690, and, at one period intervening. Secretary of the Province, was appointed Judge of the Admiralty in New York and Pennsylvania, where he is first met with about 1697. In 1704 he was promoted to the office of Surveyor-General of the Customs of America to succeed Edward Ean- 3 4 Pennsylvania and the English Government^ 1699-1704.. dolph. In addition to filling these offices, he was a member of the Coun- cil of at least four of the Colonies at the same time. (New York Col. Doc, V. 471.) From the character of his voluminous correspondence it is apparent that he was an enemy of proprietary governments in gen- eral, and that of Pennsylvania in particular, and in consequence was very zealous in presenting accusations against both Penn and the people of Pennsylvania. His own character was not above suspicion, as he had been charged, at two different times, with complicity with pirates. Penn describes him as ' ' the greatest of villains and God will I believe, con- found him in this world for his lies, falsehood and supreme knavery. ' ' (Penn-Logan Corresp., II. 289.) The Board of Trade, however, seem to have relied quite fully upon his reports of the condition of the differ- ent colonies, as they frequently cite his letters in their reports to the_. Crown or to Parliament. His death occurred about the year 1712. New York Col. Doc, V. 199, note; New Jersey Arch., II. 280, note ; Shepherd, Proprietary Government in Pennsylvania, 399, 502, note, 503, ff. ; Bolles, Pennsylvania, I. 177-179. In the catalogue published in Memoirs of the Historical Society of Pennsylvania (Vol. IV. Part II.) forty letters and memorials (between 1697-1709) of Colonel Quary are calendared. Six of these have been published, in whole or in part, as follows : 1699, June 1. Cited Mem. IV., Part II. 289; published N. J. Arch., II. 277. 1699, June 6. Ibid., 289, 290 ; N. J. Arch., II. 280. 1703, October 15. Ibid., 344 ; N. J. Arch., III. 7. 1704, May 30. Ibid., 348; N. Y. Col. Doc, IV. 1082; N. J. Arch., III. 52. 1707, June 28. Ibid., 363 ; N. Y. Col. Doc, V. 17. 1709, December 2. Ibid., 372 ; N. Y. Col. Doc, V. 114. Five other letters of his, not cited in the above-mentioned catalogue, are in print, as follows : 1702, June 17. To the Lords of Trade, opposing appointment of Andrew Hamilton as Governor of West New Jersey, N. J. Arch., II. 479. 1703, June 16. To the Lords of Trade. An Account of the Condi- tion of the Colonies, N. Y. Col. Doc, IV. 1045. 1707 / 8, January 10. To the Lords of Trade. An Account of the Defences of the Colonies, N. Y. Col. Doc, V. 30; N. J. Arch., m. 271. 1709 / 10, February 10. To the Lords of Trade. An Account of the Maryland Assembly, N. Y. Col. Doc, V. 161. 1710, July 5. Letter to Mr. Pulteney. An Account of Governor Hunter's Administration in New Jersey and New York, N. Y. Col. Doc, V. 165 ; N. J. Arch., IV. 6. Pennsylvania and the English Government^ 1699-1704.. 5 The following extracts from six letters of Colonel Quary are selected from the period 1700-1704, and, as far as known, have not been before published. All but the first are apparently cited in the catalogue, al- though in the case of the third under a different date. The second group of extracts are taken from Reports and Letters of the Board of Trade of the period 1699-1703, and relate to the affairs of Pennsylvania in particular, or to the Proprietary Colonies in general.] I. Extracts from a Letter of Colonel Robert Quary ^ June 19, 1700} " The next thing that I will offer to your Honour consid- eration to the present State [of] this Province, it grows very Populous, and the people are generally very laborious & industrious, they have improved tilledge to that degree that they have made bread, flower and Beer a drugg in all the Markets in the West Indies, so that finding that Trade over done they resolve to go on with the planting of Tobacco in the three upper Countys where never any was planted as yett, the land is very proper for it and will produce very bright Tobacco, the number of people, and their Industry will produce vast quantitys, they find the necessity of going upon this Comodity for they have no other way of making returns home for England, the want of which makes this place at present very miserable ; I am sure there is more than six times the value of Goods imported than is exported which is the reason that the money is carried away, I can assure your Hon*^ that it will be as much for the Kings In- terest to secure the Trade of this Bay as that of Maryland, and in a little time they will vie with that Government." Extracts from a Letter of Colonel Robert Quary, dated Phila- delphia, November H, 1700? " I do humbl}^beg your Lordships patience to lay before you the effects which this extraordinary Inhibition or Com- 1 Proprieties, B. 228, 229 ; Plantations General, B. 284 ; cf. Board of Trade Journal, E. 83. 2 Proprieties, B. 421-27. 6 Pennsylvania and the English Government, 1699-1704-. mission hath already produced/ and what the consequence of it will he, they have already raised all the reflections and affronts they could devise on the Kings Advocate and my self, giving out that we were sent for to England and there to be find to our ruin, and whatever we have or shall do will he made void at home ; but all this noise made no im- pression on me, nor did I take any notice of it, till I found that they had prevailed on Gov. Penn, so far as to make him violate that Solemn promise which he was pleased to give me and so often confirm (ed), viz : That he would not in the least invade the Rights and Jurisdiction of the Admi- ralty, but that I should exercise all the powers of your Lord- ships Commission though he thought there were some things that bore hard on him, however he would content himself with a representation of it to your Lordships and Expect your opinion and directions in the Matter. I gave your Lordships an Account of this in my former, but now his Friends have so far prevailed on him that with out any re- gard to this promise he hath lately granted Commissions to all the SherifiTs of the Counties (a copy of which with the Decree I have here inclosed to your Lordships) by which you will see that in effect he hath broke into the Jurisdiction of the Admiralty, and invaded all most all the powers, I have discourst him about it, who is pleased to assert it as his right & that the Admiralty hath no jurisdiction within the body of the County, so that consequently, if I must not Exe- cute the powers of your Lordships Commission within the body of the County, then I must go out of the Capes, which is out of this Province, and that of West Jersey & beyond my Commission, I am empowered to Act v/ithin these Prov- inces but have no power to act without them, I was ex- tremely surprised to hear this Doctrine from Gov. Penn after so many promises to the contrary, and after I had done him the Justice of representing all things home to your Lordships as much to his advantage as I could, all the dis- ^ A decision of Sir Charles Hedges in the High Court of Admiralty- releasing a vessel which had been seized in Pennsylvania. Pennsylvania and the English Government^ 1699-1704-* 7 course of the Country is that the Admiralty Court is taken from this Province, and that now Gov. Penn hath appointed officers to Execute the powers of that Court, for my own part I have charity enough to believe that Gov. Penn would never have taken those measures were he not under a neces- sity of complying with his Quaker Friends especially at this Juncture when they are setting in Assembly & he expects considerable supply from them, I know the temper of those men so very well that I am sure that they will not part with their money unless they can govern as they please, so that Governor Penn is reduced to this great streight, if he com- plys with his here ; then he must violate all his promises which he hath made at home, for supporting the Kings Authority in his Government, and if he doth not comply with them, then he must not expect any money from them. I doe heartily wish that silence in this case were consistent with my duty and the Trust which your Lordships have re- posed in me ; I am sure it would be far more satisfactory than to complain. I have a great regard for Mr. Penn and have not been wanting in my due respect to him, but I can not with out betraying your Lordships, omitt the Represen- tation of those Matters. I will beg leave farther to mind your Lordships, that there ought to be no time lost in re- establishing the Ejng's Authority, and your Lordships powers in the Government, the proper method for effecting it is humbly submitted to your Lordships wisdome, and the effect these measures will have in the neighboring Colonys to the discouragement of the Admiralty (which is so much relied upon to secure the King's interests) is recommended to your Lordships thoughts, I have nothing farther to offer to your Lordships in relation to the Lihibition but to desire that you vnW be pleased to order that the King's Advocate and Coun- cill may attend this Cause to defend his Majesty's Literests & stop the reversall of this decree. " I do not question but that your Lordships will do us justice and not suffer the malicious underhand contrivances 8 Pennsylvania and the English Government^ 1699-170^.. of our Enemies to take place. I have no favour to ask of them, being fully satisfied in my own conscience, that I have in all Matters that ever came before me Judged and Decreed betwixt the King and his Subjects according to Law and Justice, I am sure no Man in America ever took more pains to serve his Majesty than I have and perhaps with as good success, especially considering what a sort of perverse people I have had to struggle with ; I should not have found the effects of their Mallice could they have frightened or wheeded [wheedled] me from my Duty, and whenever I quitt the Kings service, I shall have their favour as much as any man, if I valued it." Extracts from a Letter of Colonel Quary^ relating to Irregularities committed in the Plantation as also to the Trade and Defence thereof March 31, 1702} " I now come to Pennsylvania, the circumstances of which place in relation to its illegal Trade would require a longer memorial, but this being designed only as General Heads, I shall at present confine my Self to the General Charge that an illegal Trade is carried on in that country and neighbor- hood rather worse than ever . . . " Mr Penn hath made a great noise about his Acts to pre- vent illegal Trade, but they have not been two pence advan- tage to the Queen, or so much as taken notice of since they were made, nor have they answered any one end, but that of his own, which was to make fair weather at home, and impose on the world, which point he hath gained. " I must now beg leave to lay before your Lordships the State and condition of these her Majesty's provinces as to their State of Defence. Should any Licursion or Invasion be made by the Lidians, and here I shall consider that the great number of her Majesty's subjects on the main are divided into a great many provinces, and in every one they are scattered and dispersed very wide asunder, So that it is 1 Plantations General, C. 86, 90, 91, 98-106. Pennsylvania and the English Government, 1699-170^, 9 impossible for any province to fortify the Frontiers against the Indians, nor can they maintain a constant Force in Arms to secure them. "What then can hinder the Indians from falhng into any of the plantations, and half mine them before they can be in a condition to defend themselves. I do very well know that Virginia and Maryland are under the best circum- stances, both in respect to the great number of men, and the advantage of having such experienced and vigilant Generals to command them on such Occasions, yet considering how they are dispersed and how badly most of them are armed ; Some have Guns, some none, but little amunition, and the most of them not fit for service, or action should there be Occasion ; All which considered, it is much to be feared, that should an Enemy fall into these Countries, it would be of fatal Consequence, many of the out Settlements must be cut off before the rest can be drawn into a Body to resist and repell the Force. Tho' I am sure at the same time nothing would be wanting in the Governour that is in the power of man to do. " Proprieties : — i^ow if we consider all the proprietary Governments, we shall find them in no wise capable to de- fend themselves. — Carolina nothing but anarchy and confu- sion. Some places perhaps have the name of a Militia, and that is all for they want arms and amunition and all things else for their defence, nor have they any act to enforce it, They will it may be once or twice in a year under the pre- tence of Exercise, when their buisness is wholly to be drunk. In some provinces there is neither Militia, arms nor amuni- tion, no not so much as a Military Commission, but the Queen's subjects are exposed to all the Miseries Imaginable both by Land and Sea, which is the Case of Pennsylvania. And yet Mr. Penn Endeavours all he can to innate all foreign Indians known to be Villains, and some French lately come from Canada, to come and settle in his Countey only for the benefit of a Trade with them, which he takes care wholy to ingross to himself by ordering the Indians not to permit any to trade with them, but such as can show an Indented 10 Pennsylvania and the English Government, 1699-1704.- Lycence and his Seal, What Mr. Penn's profit from this trade may he I know not, hut am much afraid it mil prove to be the loss of many thousands Subjects Lifes, if not speedely prevented by her Majesty's Care. I will now with all due submission to your Lordships better Judgment pro- ceed to show the Cure and remedy of all these E\dls and mischeifs. " I do propose, as a most essential thing, that her Majesty do take all these proprietary governments into her own hands, That she mil be pleased to appoint prudent Gover- nours and particularly in the province of Carolina. . . . That a law may be made to regulate the Indian Trade which will improve that Trade to a vast advantage, and may be a Fund to defray all the charge of the Government. ... I propose likewise that a Good Militia be settled in every province, so well fitted & armed, that they may be able and always in readiness to defend themselves and their neighbors. . . . " As for the other Governments to the i^'orthward of Caro- lina, I can not for my part see any thing that can prevent great Destruction amongst them in Case of an Invasion by the Indians but a Considerable Garrison on the Frontiers of Albany, well supported and supplied. ]N"othing else can steady the five i^ations to the English Interest. For when they find those Frontiers are so supported as that they may depend for security and Defence from thence, they will then continue firm and steadfast which is of no small consequence, and if this was duly considered it ought (I think) to make the several Governments Sensible of their Danger, and exert their utmost endeavours to provide for their Common Se- curity, For whenever we loose those five IN'ations, it will not only be the loss of so many Friends, but the adding so many powerful nations to our Enemies; There will be nothing then to hinder them fi:'om ranging over the Maine, and bring- ing ruine and destruction, on which Government they please. "Virginia and Maryland have often felt fatal and evil efiects from these very Indians, even when they were Friends, and therefore ought to dread their Revolt. Pennsylvania and the English Government, 1699—1704-- 11 " But so far are they from such necessary and reasonable consideration that the Present Assembly of Virginia are of Opinion that the support of Albany doth no way concern them, which I must confess I could never have believed, Had I not been an Eye & an Ear Witness of it, and had I not seen those many powerful, significant and weighty reasons, which his Excellency the Gov'" of Virginia made use of in his Several Speeches to show them their true Interest and Danger, and which he pressed with a generous and candid Temper and all the endearing calmness imaginable ; but all to no purpose. They w^ere resolved neither to give any money nor send any Quota. Neither Reason, their own Safety, nor his late Majesty's Commands could prevaile. They were so possessed with these following mistaken notions " That the Government of ISTew York had misinformed his majesty. " That the support of Albany was only to maintain an Indian Trade for that Government. " That considering the Distance. It did no way effect them ; whether the Frontiers of Albany were maintained or slighted. " That in Case of War they had enough to do to defend their own province, and that therefore their Country could not spare either Men or Money ; not considering that at the same time they put the Country to three times the Charge (in the time they spent in debating these matters) more than would have paid what the Elng required of them, and I find that this malignant humour is not confined to the Govern- ment of Virginia, but is difiiused more or less through all the Settlements on the Maine. I have indeed spent some time and thoughts to find out the true Cause of this Strange Al- teration and Change, which is so remarkable in the humour and Tempers of the people in those parts. My long Ex- perience in the several Governments under her Majesty on the Maine gives me ye Advantage of kno^^^ng that no people could be more Loyal to their prince, more Obedient 12 Pennsi/lvania and the English Government, 1699-17 0^. to Law, more respectfull to Governour and more ready to Answer her Majesty's Commands. " That their Humours are of late Soured, and their Tem- pers in some respects changed, is Obvious to every Man. And for me to consider that it is (as indeed it is) the Interest and Security of all the Plantations on the Main to contribute towards the Support of Albany and its Frontiers, and that the Charge is so very inconsiderable. I say when I seriously consider all This, to see the Security and Unconcernedness of most Provinces on the Maine, and to see them so averse generally to the raising their respective Quota's, not only the proprietor Governments but those of the King Govts, it doth amaze and astonish me. I have sometimes believed that it might proceed from those late Licentious Common- wealth principles, too much improved in England and which hath been the Subject Matter of so many Scurrilous and Scandalous Pamphlets, enough to corrupt the Morals and Principles of good Men, if not well guarded against the per- nicious & subtle poison. But upon more Mature Considera^ tion I have good reason to conclude that the Cause and Foun- dation of this Malignant humour is to be found near home ; I mean from the Several ^Neighbouring Charter Governments. And this may be easily demonstrated, if we consider that the people under the proprietors do very Seldom or never pay any Taxes for the Support of the Church or State. They entertain and encourage pirates. They carry on all Manner of Illegal Trade, violate all the Acts made to prevent those Evils. They aflront the King, his Laws, Authority and Officers, and by all those Disloyall and unjust Actions they grow Eich and get Estates, and have hitherto escaped the punishment and just-reward of their Wickedness. This makes the people of the Queen's Government murmur and repine and puts them on thinking, what should be the reason that their next E'eighbours and Fellow Subjects should enjoy more Ease, Liberty and Freedome, under the proprietor's Government than they do or can under her Majesty. "And that which aggravates their Discontents, these Pemisylcaina and the Evglish Government, 1699-170/f. 13 people of the proprietory Governments make it their Buis- ness to upbraid and reflect on them, as being Slaves and Miserable in Comparison of themselves. This I know to be a Constant Practice and produces ill Effects, I heartily wish proper and effectual Remedies may be applied before these discontented humours were improved to a greater height; and none other or better Expedient can be found than her Majesty's taking all the Governments into her own hands. Governing all, as near as possible may be, by One and the Same Law. This would make all Easy, Satisfied and Con- tented; And untill this can be effected and Compleated, I can propose a plain. Easy and Expeditious way for her Majesty to oblige all the provinces on the Maine, to pay their Several Quota's with out Murmur; But to do that, shall wait your Lordships Especial Commands. . . . " And since it is not possible for the Government of I^ew York to support the Charge of all this alone, and as unrea- sonable that her Majesty should send money out of England for this purpose, There can be no better meanes or Expedient found out, that what his late Majesty hath already in his Wisdome proposed, that is by an equal proportion or Quota of the Several Governments in proportion to their Circum- stances ; than which nothing can be more just or reasonable. Especially since the Interest, Safety and Security of all the provinces depends so much upon the well guarding and de- fending those Frontiers. The Charge is very Easy and inconsiderable not to be felt by any of the people of the Government; I will give your Lordships a late Listance. The Assembly of Pennsylvania gave Mr. Penn at one Sitting two thousand pounds Clear of all Charges, Besides they have settled upon him in Taxes to the Value of one Thousand pounds per Annum and upwards; And this was look'd upon as a very mean inconsiderable Present. He expected at least ten thousand pounds and perhaps in a little time will gain his point. " Then please to consider how very inconsiderable their Quota is in Comparison of this, And as I am informed he 14 Pennsylvania and the English Government, 1699-1704-. has set on foot a Subscription for several thousands of pounds amongst the Quakers on his going home to prevent the Bill for Re-uniting the Charter Governments to the CroAvn, And sets forth that the Consequences of her Majesty's taking that Country into her hands will if not depopulate it, at least stint its Growth. So formidable is the Queen's Government rendred to these poor deludged people, and rendering her Majesty's other Subjects of Equal numbers inconsiderable, in the most depraviating Terms his Pen could invent, as I have it from some of themselves, that the Churche's Name is only taken in vain here. "But before I conclude I must beg Leave to tell your Lordships that I have been so happy as to see two Memo- rials relating to the proprietary Governments given by your Lordships to the Right Honourable the House of Lords. — IsTothing could bring greater Satisfaction to me than to find your Lordships so Zealous and Active for the Queen's Ser- vice in that particular, as to inform yourselves so fully of the illegal proceedings and abuses of these proprietary Govern- ments, and which indeed, may it please your Lordships, hath much encouraged me to lay this also before your Lordships and to assert that what was before by your Lordships laid before the Right Hon^^^ : the House of Lords, is plain Matter of Fact, and the Greatest part of all which is with in the compass of my knowledge, besides abundance more of as great moment and consequence. I dare not in the least doubt but that your Lordships will make the proper use of this Memorial in and to her Majesty's service, which is the only End I aim at." Extracts from Letter from Colonel Quary to Board, dated in Pennsylvania, December 7, 1702} "Liclosed is a Copy of what I writt to your Lordships from Plymouth the very day that I sayled thence where you will find Some remarks on some of Mr. Penn's. late grand 1 Plantations General, C. 194, 200, 201, 208, 209. Pennsylvania and the English Government, 1699-1704,. 15 Charters which he passed a few days before he left this Country ; As also on several other papers which I then did Inclose to your Lordships I did then promise your honours the attested Copy of the Several Charters. I was then afraid that I should meet with difficulty in procuring the said Coppys with out some order from your Lordships, which proves a certain truth. I have tryed all ways to purchase the said copys at any rate, but can not prevail, they Govern the Country by these Charters, and yet are afraid or ashamed to have them seen. Mr. Penn as it seems now having great assurance of Continuing his Government, then he had when he granted these extravagant Charters which Destroys the very being of Government, is now endeavouring by his Agents to recall or overthrow his late Charters, but the top- ping Quakers of this Corporation are resolved to hold their unbounded power as fast as they can ; So that all things is in a very great Confusion they flatter themselves that lett what Government will Come they are above it all, having the Choice of all their Magistrates & Officers which can not be removed by any power or Assembly what ever. They have not only the Government of the City, but of the whole province, to that Degree that the Country is very uneasy what the Consequence will be time will shew. " I have thought it had been Mr. Penn's duty to have layd those Charters before your hon^^^ Board, the Members of the Lower Countys in their Address to your Lordships do sett forth that they cannot get Copys of them. I wait your Lordships directions in this point. " At my arrival here I found that Mr. Penn had filled the heads of all his friends ^^Ai\\ strange notions of his extra- ordinary great Literest at Court, & that her Majesty was pleased to blame him for not coming oftner to visit her & had given him assurances of Continuing his Government, he hath given full encouragment to his Corporation to exercise the powers of the Amiralty; so that her Majesty's Officers of the admiralty are but as so many Cyphers, nor doth the Custome house office signify much more. . . . 16 Pennsylvania and the English Government, 1699-170 1/,. " I must not omitt to acquaint your Lordships there hath been a great deal of Art & Industry used to impose on your Lordships a Second Sham MiHtia to Serve a turn, great pains was taken to persuade the people to list themselves, great promises made abundance of Strong Liquor Spent & fine Speeches, but all amounted to no more than the gather- ing together about 30 or 40 men, to compleat which forces, they draind the Goal of Some borrowed — some Servants and others, and after all the Scandalous ragged Regiment had not above 6 Swords amongst them, no Shoes or Stock- ings & finding themselves exposed and ridiculed, the Lieu- tenant Governour was ashamed of his Militia, so they are dismist and never appeared Since, tho I expect to find an Account of them in the Gazett which is the least that Mr. Penn can do, to let the world know how formidable a Mili- tia he hath, to Defend her Majesty's good Subjects of this Province. I will not trouble your Lordships with the Quakers Severe threats against me & all others Concerned for her Majesty's Interests, for my own part I valine it not, but the hard Usage I met with in England by those Vexatious Actions brought ag^^ me by Mr. Penn's Contrivance, one of w^^ Actions is still depending doth very much Startle the Queen's Ofiicers & makes them very unwilling to Act which is improved by the Constant Insults & threats of the Quakers, who endeavour to persuade all men that Mr. Penn is the Chief Steersman at the helm of Government in England, I will deferr what doth further concern the Government of this Province being obliged to give your Lordships Some account of iTew York where I have lately been. " It is hopes and hearty wishes of all good men that my Lord Cornbury will quickly be the happy instrument of healing the Breaches & restoring tranquility to the Poor Destracted Inhabitants of the Jerseys, who are impatient till my Lords Commission comes, that so they may be freed from the tyranny of the Quakers, who are more inhuman then the Task Masters of Egypt, nor are we of this Province Pennsylvania and the English Government, 1699-1704-, 17 with out some hopes in due time by your Lordships aide we may recover the Influence of her Majesty's Grace favour and protection. "Enclosed an address of the 3 lower Counties to the Board, praying that they may be recommended to her Majesty's immediate Government." [Bundle E, l^'o. 56.] Extracts from Letter of Colonel Qiiary, of July 25, 1703} " It is the Generall discourse of the Quakers, that the Lords of Trade & Plantation are Mr. Penn's Enemies but that he valines them not, having a greater Interest then all of them, and shall be able to carry on all of his designs in spite of them all ; This I am very well satisfied comes from Mr. Penn himself, for his Secretary Mr. Logan told a very worthy Gentleman in this Country, Mr. Jasper Yeats the very same words in effect. . . . But Mr. Penn and all his friends have designed me for ruine, which they threaten hard." Extracts from Letter of Colonel Quary, dated October 15, 1704? [A letter thanking the board for recommending him to the office of surveyor-general,^ and giving an account of the trouble in Pennsylvania.] " There is at present a very great Division and Confrision in this Government, Quaker against Quaker, the generality of the Country are very violent in opposing those that are for promoting Mr. Penn's Interest, the quarrell hath been Carryed on so far already, that the Military and Civill Offi- cers have been at Clubb-law. The Quakers have Indited the Officers of the Militia, not sparing the young Gentleman, Mr. Penn him self, who they have presented in their Courts, this hath so disobliged the Lieutenant Govern, that he then ^ Proprieties, D. 374. 2 Proprieties, E. 102. ^ See letter of October 15, 1703, to Board of Trade, seeking the office of surveyor-general, New Jersey Archives, III. 7. 18 Pennsylvania and the English Government, 1699-17 0^. resolved to put the Queen's Order in force, and by his Pro- clamation to declare the proceedings of their Court against one of their Militia Officers voyd, this hath so insensed the Quakers that they resolve on revenge on this occasion, the Lieutenant Gov. 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 renounced them all, and hath put on his sword, he goes home for England in the Jersey Man of Warr from New York, and resolves to per- suade his Father to resign up the Government to her Majesty, and indeed Considering how confused and disharted this Government is that they refuse to Comply with any thing that tends to Mr. Penn's Interest, but oppose him all they can, I am of opinion that Mr. Penn will now be willing to part the Government on farr easyer Termes than formerly, he hath quite lost the end of sending his Son over hither ; there was a proposal made by a great part of the Country, to raise a considerable Sum of Money for Mr. Penn, pro- vided that he or his Son came to settle amongst them in a certain Limitted time, in pursuance of which Agreement, the Young Gentleman came over, but they are now so in- censed against both Father and Son, that they will not ad- vance a peny. So that he hath lost his Labour, and returns empty, nor will the Quakers give Mr. Penn's Luiet-Gov. any thing to support him." II. Extracts from Letter of the Board of Trade to the Lord Justices, August ^, 1699} (After citing charges against Markham being guilty of encouraging and aiding pirates they say : — ) The whole body of the Government of Pennsylvania do set themselves in direct opposition to the Court of Admiralty established there by his majesty, some farther instances whereof are as follows : 1 Proprieties, B. 20. Pennsylvania and the English Government, 1699-1704.. 19 " They have endeavoured to persuade all men to refuse obedience to that Court; They have set up a sort of Ad- miralty Court of their own, or at least exercised a sort of Admiralty power, by arresting a ship and making proceed- ings against her at their sessions. The J ustices of the Peace at a Session did all they could to present the officers of the Admiralty as Enemies to their Government. David Lloyd (who stiles himself Attorney General and takes fees accordingly yet refuses to put any thing in suit for the King) insolently ridiculed the Admiralty Commission, and his Majesties effigies affixed to it, in open Court; and also said in open Council that whoever incouraged the set- ting up of that Court were enemies to the Liberties and Properties of the People.^ " By these and many other such like means the officers of the Amiralty have been so discouraged, that Coll. Quary, Judge of the said Court, complains in his last letter to us, dated the 18th of May last,^ that he had great difficulty to persuade the officers to remain in their places, and therefore presses mth great earnestness for some remedy. (Accord- ingly they propose) that some speedy and effectual remedy be put thereinto. (That Markham be removed that) We are humbly of Opinion that it is not fit, that the said David Lloyd should be continued in any Publick Imployment what soever in the said Province . . . That redress of these irregularities be recommended to Mr. Penn." Extracts from the Answer of the Coramissioners of Trade and Plantations. To the Order of the House of Commons of the 2d of April, 1701, requiring from this Board " an account of what complaints have been made to us in relation to the Trade, or Courts of Justice in the several Plantations in America^ 1 Colonial Eecord, I. 541 ff, 565, 602, 603 ; Mem. Pennsylvania His- torical Society, Vol. IV., Part II. 283, 294. 2 1699, Mem. Pennsylvania Historical Society, Vol. IV., Part II. 287, 288. 20 Pennsylvania and the English Government^ 1699-17 0^. whether in the Proprietary Governments or elsewhere, and what we have done thereupon. Presented to the House of Commons April 24, 1701.^ " Pennsylvania. " The complaints against Mr. Markham, Lieut-Go v. of Pennsylvania for Harbouring and protecting Pirates, and against the whole Government of that Colony, for their op- position to the court of Admiralty, erected there as in other places pursuant to the late Act of Parliament for preventing frauds and regulating abuses in the Plantation Trade, have been very great.^ " But directions having been given by their Excellencies the Lords Justices to Mr Penn ^ upon his going thither, for the reforming of those Disorders. We received afterwards an account from Col. Quary (Judge of her Majesty's Ad- miralty Court there) as well as from Mr. Penn himself, that he had made several advances in what had been required from him.'' ^Nevertheless we have of late again received complaints from Col. Quary, that Mr Penn, by granting commissions to all the Sheriffs of Counties to be Water Bayliffs, had broke into the Admiralty Jurisdiction and in- vaded the Powers thereof; and by denjdng the Admiralty any right of jurisdiction with in the Body of the Province, had in effect taken it wholly away.^ We have likewise had fresh information from Col. Quary of private Trade between Pennsylvania and Curassaw (a Dutch Plantation) carryed on chiefly by Scotchmen, who clandestinely and illegally export Tobacco, and Import such great quanties of Lron, Linnen, Wine, and other European Commodities, that they are sold there as cheap as in England.^ As to Pirates : Several per- ^ Plantations General, B. 448, 450-452. Board of Trade Journals, E. 437, 445, F. 1, 8. Commons Journal, Vol. XIII. 502-505. (Ed. 1803.) 2 Proprieties, B. 20, 66. ^ i^id., B. 82, 83, 85. * Ibid, 224, 289, 271. ^ Ibid, 422. « Ibid, 427. Pennsylvania and the English Government, 1699-170 If.. 21 sons ^ who have themselves been formerly suspected of Pi- racy, are settled near the Capes of Delaware River. These persons when Kid was there received his Boats, and supplied him. They went on Board him constantly, and took on shore quantities of East India Goods. Mr Penn has im- prisoned these men, and seized some of the Goods, which (as he informs us) shall be sent over. . . . As to the Propriety and Charter Governments in Gen- eral ; no Governour whereof has qualified himself according to the late Act of Parliament (except the Gov. of the Ba- hama Islands for whose good Behaviour Security has been refused to be given by the Proprietors.) Their Independency making it absolutely necessary, that some speedy and efi:ec- tual care be taken to render them more subservient and use- ful to this Kingdom ; We humbly referr ourselves to our Eeport Dated the 27th March last,^ Wherein we humbly represented to the Honourable House, That the Charters of the several Proprietors, and Others Intitling them to abso- lute Government be reassumed to the Crown, and these Colonies put into the same State and Dependency as those of her Majesty's other Plantations, without prejudice to any man's freehold or property; which we conceive can not otherwise be well efifected, than by the Legislative Power of this Kingdom." Extracts from a Letter of the Board of Trade to the Queen, April 17, 1702? In regard to the General Defence of the Plantations, they write : — " And as your Majesty may please to observe by what we have before represented that the propriety Governments are 1 Proprieties, B. 271, 224, 289. Trade, B. 173. 3 Plantations General, C. 143, 144. 22 Pennsylvania and the English Government, 1699-1704. in a State wholy defenceless, and that the Proprietors have no way taken care of what has been demanded of them, or may be thought necessary for the common safety of your Majesty's subjects during a war. The G-ovs. in contempt of an express Act of Parhament being hkewise unquahfied for those commands. We do humbly ofier that for the present your Royal Letters be sent to the Several Proprietor and Charter Govts, requiring them to put them selves into a posture of defence against an Enemy, from whence never- theless "We can not hope for a due compliance, untill those colonies be reunited to the Crown according to our former opinions." Extracts from a Letter of the Board of Timde to the Queen relative to Governors^ Salaries, Ajpril 2, 1703} "As to Proprietary and Charter Colonies, We can not propose any thing on this occasion. The Govs, of those Colonies not being appointed by your Majesty and depend- ing either upon the Proprietors or the people, from whom they have very mean and uncertain salaries. Which in- courages them to connive at unlawfal trade and other irreg- ularities inconsistent with the interests of this Kingdome, which great mischief can only be remedyed, as we humbly conceive, by reducing those Colonies to an immediate de- pendence on the Crown." ^ Plantations General, C. 240.