The Project Gutenberg EBook of A Memoir of Sir Edmund Andros, Knt.,, by William Henry Whitmore This eBook is for the use of anyone anywhere at no cost and with almost no restrictions whatsoever. You may copy it, give it away or re-use it under the terms of the Project Gutenberg License included with this eBook or online at www.gutenberg.org Title: A Memoir of Sir Edmund Andros, Knt., Governor of New England, New York and Virginia, &c., &c. Author: William Henry Whitmore Release Date: October 17, 2011 [EBook #37773] Language: English Character set encoding: ISO-8859-1 *** START OF THIS PROJECT GUTENBERG EBOOK A MEMOIR OF SIR EDMUND *** Produced by Steven Gibbs, Linda Cantoni, and the Online Distributed Proofreading Team at http://www.pgdp.net
Transcriber's Note: Obvious printer errors have been corrected without note. The original book is a reprint of a portion of a larger work; therefore, some internal page references refer to pages beyond those in this book.
Reprinted from the “Andros Tracts,” published by the
Prince Society of Boston, N.E.
Boston:
PRINTED BY T.R. MARVIN & SON.
1868.
ONCERNING the ancestry of Sir Edmund Andros, the sole printed authority is the memoir in the History of Guernsey by Jonathan Duncan, (London, 1841,) which occupies about three pages in that book. This sketch has been copied by Dr. E.B. O'Callaghan in his "Documents relating to the Colonial History of the State of New York," (ii. 740), and also in a note in Woolley's Journal (Gowan's Bibliotheca Americana). It seems that Andros placed on record at Heralds' College a very elaborate pedigree of his family, September 18th, 1686, a few days before he sailed to assume the government of New England. Although this document was used probably by Duncan, it is now printed for the first time in full, from a transcript made by Joseph L. Chester, Esq., of London.
The family of Andros, or Andrews as it is more frequently spelt, was of great antiquity in Northamptonshire, being long settled at Winwick in that county. One branch, which was raised in 1641 to the dignity of Baronet, was resident at Denton in the same county; and from the similarity of the arms, it is evident that Sir Edmund claimed the same paternity. The pedigree recorded at Heralds' College is as follows.
Mr. John Andros, (alias Andrews,) an English Gentleman born in Northamptonsh: came into the Isle of Guernsey with Sr Peter Mewtis Knt. Governor of the said Isle as his Lieutenant, and was afterwards a Capt of Foot in Calais, where he dyed and was buried, Ao 1554. |
= | Judith de Sausmarez only daur: of Thomas de Sausmarez Lord of the Seigneurie of Sausmarez, and sister and heir to George Sausmarez her brother, married Ao 1543. She dyed at Sausmarez, Ao 1557, and was buried in ye Church of St. Martin. |
|||||||||||||||||||||||||||||||||||||||||||||||
Alix Roiiaux wid: of Monsieur John de la Cour, second wife, obijt s. pr. Ao 1595. |
= | John Andros, eldest son of the said John was the King's Ward and committed to the custody of Sr Leonard Chamberlain, Knt. Governour of the said Isle until he came of age, which having attained he did his homage, and payd the Relief due to the King for the said Seigneurie, and had possession thereof, and was made Capt. of the Parish of St. Martin, and 28 May 1582, was sworne one of ye Justices of the Royal Court. |
= | Secille Blondel daur: of Mr. John Blondel, one of the Justices of the Royall Court in the said Isle of Guernsey. Married to Mr. John Andros, son of John Andros before mentioned, 24 Oct: 1570, dyed 6 May 1588 and was buried at St. Martins. First wife. |
= | Margaret, daur: of Monsr Thomas Compton, Bailly of the said Isle, third wife. |
|||||||||||||||||||||||||||||||||||||||||||
1 | 2 | 3 | 4 | 5 | |||||||||||||||||||||||||||||||||||||||||||||
Mary Careye, daur: of Mr. Nicollas Careye, one of the Justices of the Royal Court, Married 1o Jun: 1597, and dyed in childbed without Issue surviving, 6 Nov: 1598. First wife. |
= | Thomas Andros, eldest son, born at Sausmarez, 16 Oct. 1571. He was sworne one of the Justices of the Royal Court after the death of his father, 2 Febr: 1609, and Lieutt Governor of Guernsey under my Lord Carew Governor 8 Jun: 1611, and dyed 18 Apr: 1637, at Sausmarez, and was there buried. |
= | Elizabeth Carteret, eldest daur: of Mnsr Amice de Carteret, Seignr de la Trinite, Lieutt Governor and Bailly of the Isle of Guernsey married 22 Oct: 1606, dyed 3 Jan: 1672. 2d Wife. |
John, dyed unmarried. |
Thomas, dyed young. |
Elizabeth, married to Mr. Peter Painsec, Minister of St. Peters Port. |
Mary, died an infant. |
|||||||||||||||||||||||||||||||||||||||||
1 | 2 | 6 | 7 | 8 | 9 | 10 | 11 | ||||||||||||||||||||||||||||||||||||||||||
Catherine married to Monsr John Bonamy. |
Amice Andros born at Sausmarez 5 Sept. 1610. He was made Marshall of ye Ceremonies to King Charles I. Ao 1632. Bailly of the Isle of Guernsey by K. Ch. 2 upon his Coronation in Scotland. Bayliff of the Royal Court in Guernsey Ao 1661, and Major of the Forces of the said Isle. He dyed at Sausmarez, 7 Apr. 1674. |
= | Elizabeth Stone sister of Sr Robert Stone, Knt., Cup-Bearer to the Queen of Bohemia, and Captain of a Troop of horse in Holland. |
3 Thomas 4 Josuah 5 & John, died unmarried. |
Elizabeth, married to Monsieur John Dobree, merchant. |
Anne, died an infant. |
Secille, married to Capt: Nicollas Ling. |
Charles Andros, Seigne'r D'Anneville living 1686, marr: to his first wife, Collette, daur: of Jonas le Marchant by whom he had issue onely one daughr: Elizabeth who dyed young. |
= | Alix, dau: and sole heir of M. Thomas Fashin, Seigneur D'Anneville, 2d wife. |
Peter, died an infant. |
William Andros, 11th and youngest child, dyed 7 Nov: 1679, ætat: 47 An. |
= | Judith, dau: of Monsr John Blondell. |
|||||||||||||||||||||||||||||||||||
3 | 6 | 7 | 8 | ||||||||||||||||||||||||||||||||||||||||||||||
1 Amice and 2 Elizabeth dyed young. |
Sr Edmond Andros, Knt. born at London, 6 Dec. 1637, made Gentl: in Ordinary to the Queen of Bohemia, Ao 1660, and Major to the Regimt of foot sent into America Ao 1666. After that, Major to Prince Rupert's Regimt of Dragoons Ao 1672. He was sworne Bailly of the Royall Court in Guernsey 30 Junij 1674, and shortly after was constituted Governor general of New York in America and knighted on his return from thence, Ao 1681. He was sworn Gentl: of ye Privy Chamber to the King Ao 1683, and in ye year 1685 was made Lieutt Colonell to her Royal Highns the Pr. Anne of Denmark's Regt of Horse, commanded by the Earl of Scaresdale, and lastly this present year 1686 was made Governor of New England. |
= | Marie Craven eldest daughter of Thomas Craven, and sister of Sr William Craven of Apletrewick, in Com: Ebor: and of Combe Abbey in Co: Warr: Knight, heir in Reversion to the Barony of Hamsted Marshall. Married in Febr: 1671. |
4 Richard, and 5 Elizabeth, dyed young. |
John Andros, born 2 Nov: 1642. Married Anne Knapton. === | 1 Elizabeth, 2 Marie, 3 Amice, mort. 4 Anne, 5 John, 6 Carterette, mort. 7 Edmond, mort. 8 Cæsar, 9 Edmond. |
George Andros, born 5 Oct: 1646. Married Anne Blondel, and dyed 8o Nov: 1664. === | 1 John, 2 George, 3 Charles, 4 Mary, 5 Anne. |
Carterette Andros, married to Mr. Cæsar Knapton, and English Gentl: === | Elizabeth Knapton only child, married to Mr. Will: le Marchant, eldest son of of Mr. James le Marchant, Ao 1684. |
||||||||||||||||||||||||||||||||||||||||||
1 | 2 | 3 | 4 | ||||||||||||||||||||||||||||||||||||||||||||||
Charles Andros, born 15 Sept: 1662. Married Elizab: Mauger widow of Monsr Tho: de Beauvoir. |
Thomas, born 25 Mart: Ao 1672. |
Mary, married to Mr. Jean Renouf, Merchant. |
Anne, born 21 Nov. 1667. |
||||||||||||||||||||||||||||||||||||||||||||||
1 | 2 | ||||||||||||||||||||||||||||||||||||||||||||||||
Charles Andros, born 9 Apr: Ao 1662. |
= | Rachell, daur: of Mr. James Careye. |
Amice Andros, second son, married Magdalen Mancell. |
3 John and 4 Judith, dyed young. |
|||||||||||||||||||||||||||||||||||||||||||||
1 | 2 | ||||||||||||||||||||||||||||||||||||||||||||||||
Rachell, born Ao 1683. |
Anne, born 1685. |
[Heralds' College, Book 2 D, XIV. fol. 175b]
Andros.—Gules, a saltire or surmounted by another vert, on a chief argent 3 mullets sable. [No crest.]
Sausmarez.—Argent, on a chevron gules between 3 leopards' faces sable as many castles triple towered or. Crest: a falcon affrontant proper, beaked and membered or, [not wings expanded as in the armory.] Supporters: Dexter, a unicorn, tail cowarded, argent; Sinister, a greyhound argent collared gules garnished or.
["This is a true Account of the Marriages and Issues of my family, and of the Armes we have constantly borne since our coming into Guernsey, as also of the Arms Crest and Supporters of Sausmarez whose heir General we married. Witnes my hand this 18th of September, 1686.
"E. Andros."]
At the same time Sir Edmund recorded his coat-of-arms as described in the following document at Heralds' College, Grants of Arms, Book 1, 26. fol. 98.
"Whereas Sr Edmund Andros, Knight, Lord of ye Seignorie of Sausmarez in the Island of Guernsey, hath made application to me, Henry, Duke of Norfolk, Earl Marshall of England &c. that his Arms may be Registered in the College of Arms in such manner as he may lawfully bear them, with respect to his Descent from the antient Family of Sausmarez in ye said Isle, there being no entries in the College of Arms of the Descents or Arms of the Families in that Isle: And whereas it hath been made out unto me that his Great Grandfather's Father, John Andros als. Andrews, an English Gentleman, borne in Northamptonshire, coming into the Isle of Guernsey as Lieutt. to Sr Peter Mewtis, Knight, the Governour, did there marry, Ao. 1543, with Judith de Sausmarez, only daughter of Thomas Sausmarez, son and heir of Thomas Sausmarez, Lords of the Seignorie of Sausmarez in the said Isle, which Judith did afterwards become heir to her brother George de Sausmarez, Lord of the said Seignorie: And that John Andros, Esqr., son and heir of the said John and Judith, had the sd. Seignorie with its appurtenances and all Rights and Privileges thereto belonging, adjudged to him by the Royal Commrs. of the said Isle, Ao. 1607, against the heirs male of the said Family of Sausmarez, who then sued for the same, as finding it to be held of the King by a certain Relief and certain Services, all which were inseparable from the said Seignorie: And whereas it hath been made [to] appear unto me by an Antient Seal of one Nicollas de Sausmarez, which seems to be between 2 and 300 years old, and by other Authorities, that the said Family of Sausmarez have constantly borne and used the Arms herein impressed, I the said Earl Marshall, considering that the forementioned Sr. Edmund Andros, Knt., and his Ancestors, from the time of the said John Andros who married the heir generall of Sausmarez as aforesaid, have successively done Homage to the Kings of England for ye sd Seignorie, and thereupon have been admitted into and received full possession thereof, do order and require, That the Arms of Andros (as the said Sr Edmund and his Ancestors ever since their coming into the said Isle have borne the same) quartered with the Arms of Sausmarez as they are-9- hereunto annexed,[1] be, together with the Pedigree of the said Sr Edmund Andros (herewith also transmitted) fairly registered in ye College of Arms by the Register of the said College, and allowed unto him the said Sr Edmund Andros, and the heirs of his body lawfully begotten, and of the body of his Great Grandfather John Andros, son and heir of the forementioned John Andros and Judith de Sausmarez, having, possessing and enjoying the said Seignorie, to be borne and used by him and them on all occasions according to the Law of Arms: And for so doing this shall be a sufficient warrant.
"Given under my hand and seal the 23d. day of September, 1686, in the second year of the Reigne of our Soveraigne Lord King James the Second, &c.
"Norfolke & Marshall."
To the Kings Heralds,
and Pursuivts. of Arms.
During the exile of the Stuarts, Edmund Andros served in the army of Prince Henry of Nassau (Palfrey, iii. 127), and was faithful to their cause. His family indeed was eminent among the adherents of the King, as appears by the pardon granted 13th August, 1660, by Charles II. to the inhabitants of Guernsey. In it he declares that Amice Andros, Edmund his son, and Charles his brother, Sir Henry Davie, bart, and Nathaniel Darell, during the preceding troubles "continued inviolably faithful to his Majesty, and consequently have no need to be comprised in this general pardon." So also we learn by the monument to Elizabeth,-10- mother of Sir Edmund, that she "shared with her husband the troubles and exile to which he was exposed for several years in the service of Charles I. and Charles II."[2]
Edmund Andros received his first considerable preferment by being made Gentleman in Ordinary to the Queen of Bohemia in 1660. He had undoubtedly been attracted to her service through the position of his uncle, Sir Robert Stone, who was Cup-bearer to that princess, and he was afterwards more closely allied to her friends in consequence of his marriage. Whether any part of his youthful years while he was a page in the Royal service, had been spent in her household or not, it is worthy of notice that as a young man Andros was in a position to acquire the accomplishments of a Court, and to behold Royalty in its most fascinating form.
Elizabeth, Queen of Bohemia, was the only daughter of King James I. of England, and was born 19th August, 1596. She was married 27th Dec. 1612, to Frederick V., Count Palatine of the Rhine, Duke of Bavaria and Silesia, who was soon elected King of Bohemia, but lost all his possessions by the fortune of war. He died at Mentz, November 19th, 1632, having had thirteen children, of whom the best known were Prince Rupert, and Sophia, wife of Ernest Augustus, Elector of Hanover, mother of George I. of England.
The Queen of Bohemia had shared the exile and misfortunes of her English relatives, and returned to England, 17th May, 1661. She died February 13th, 1662, at London.-11-
Historians have agreed in describing this princess as a most charming woman. Jesse (Court of England) writes thus: "Lively in her manners, affectionate in her disposition, and beautiful in her person; throwing a charm and a refinement over the social intercourse of life; she yet possessed with all these qualities, a strength of mind which never became masculine; talents which were never obtrusive, and a warmth of heart which remained with her to the end." "In prosperity modest and unassuming; in adversity surmounting difficulties and dignifying poverty, her character was regarded with enthusiasm in her own time, and has won for her the admiration of posterity." "In the Low Countries she was so beloved as to be styled 'the Queen of Hearts.'"
During her long widowhood, her chief adviser and friend was William, Earl of Craven, and it was to the sister of the chosen heir to a portion of the honors of this nobleman, that Edmund Andros was married, in 1671. It has been believed that the Earl of Craven was married to the Queen, and he was certainly one of the bravest and most honored gentlemen of his time.
In 1666, Andros was made Major of a Regiment of foot, which was sent to America. Duncan writes that Andros distinguished himself in the war against the Dutch, and was in 1672, "commander of the forces in Barbados and had obtained the reputation of being skilled in American affairs."
In February, 1671, Andros married Marie, oldest daughter of Thomas Craven of Appletreewick, co. York, and thus sister to the "heir in reversion to the Barony of Hamsted--12-Marshall." This match is a sufficient proof of the estimation in which he was held, as the lady was sister of the designated heir of the Earl of Craven, his former patron. The pedigree of the Cravens will be best understood by the annexed tabular statement.[3] The "Peerages" have left the matter obscure,-13- but it has been rendered plain by some articles in "Notes and Queries" for 1868. The Earl of Craven, after the death of his brothers, entailed the Barony on his more distant cousins of Appletreewick, omitting the issue of his uncle Anthony Craven. At his death, April 9th, 1697, the title passed to William Craven, nephew of Lady Andros.
It is possible that Andros came to England for the marriage, and returned to Barbados; but we think it more probable that the regiment had been recalled to England. Duncan states that in April, 1672, a regiment raised for Prince Rupert was armed for the first time with the bayonet, that Andros was made Major, and the four Barbados companies then under his command were incorporated in it. In the same month, the proprietors of the Province of Carolina, of which the Earl of Craven was one, conferred on him the title of Landgrave, with four Baronies, containing 48,000 acres of land.
In April, 1674, Andros succeeded his father in his estates in Guernsey, and 30 June, was sworn as Bailly of the island, the reversion of that office having been before granted him.
We do not find mention of the occasion which recommended him to the attention of the Duke of York, but from his early attendance on the royal family, and his exceptional loyalty, he had probably long been known to that prince. Andros was accordingly selected to be the Governor of the Province of New York, which was claimed by the Duke, and had recently been restored to him by the Dutch.-14- He arrived in this country, November 1st, 1674, accompanied by his wife.
A brief notice of the events which had occurred in this country immediately before his arrival, may render his subsequent proceedings more intelligible to the reader.
On the 27th of August, 1664, the Dutch Colony of New Netherland was surrendered to an English force under Col. Richard Nicolls. The King, Charles II., had already granted it, by patent dated 12 March, 1664, to his brother, the Duke of York. After it had been held by the English for over nine years, the Dutch had recaptured it, August 9, 1673; but under the terms of the treaty of peace, it was restored to its English owners. In a letter dated 7/17 July, 1674, the Dutch embassadors wrote that they had complied with the orders from the States-General to notify the King that the Province would be delivered to his agent; that Edmund Andros had been designated as the person, and was to sail before the end of the week. (N.Y. Col. Doc. ii. 733.) The Colony at that time was estimated to contain between six and seven thousand white inhabitants, to which number were to be added the English settlers on Long Island. Andros's commission, which was dated July 1, 1674, made him "Lieutenant and Governor" over that part of Maine which was styled Pemaquid, Long Island, Nantucket and Martha's Vineyard, and the territory from the west side of Connecticut River to the east side of Delaware Bay. This latter territory comprised not only the State of New York, but Delaware, New Jersey and a large portion of Connecti-15-cut; the claim of the Duke of York to which domains was by no means undisputed.
Andros was at the same time commissioned as captain of a regiment of foot, raised by the Duke of York for service in the Colony, and received the necessary money for the expenses attendant upon establishing the new government. He was accused by some of the Dutch colonists of having exacted a new and unlawful oath of allegiance from them, but this difficulty seems to have speedily subsided. His instructions had been explicit that he should not disturb those colonists who desired to remain in good faith, and we see no reason to doubt that Andros fulfilled his orders. He has left an account of his administration for the first three years (N.Y. Col. Doc. iii. 254-7) from which we take the principal items.
In October, 1674, he says, that having received possession of New York and reduced the east end of Long Island, he took in hand the turbulent at various other places; these once quieted, the country had been peaceful ever since. The next summer he commenced to press the Duke's claim to that part of the country between the Hudson and Connecticut rivers. He therefore wrote several letters to the Governor and General Court of Connecticut, but it may easily be believed that the claim was only a matter of form. In fact, both parties had a patent for the same land, since the Connecticut Charter covered all the land from the Narragansett Bay, due west to the South Sea, and the Duke of York's territory was to be carved from this domain. Andros indeed says with truth that the English claim had been abandoned,-16- since under that patent Connecticut might claim "New Jersey, Delaware, Maryland, Carolina and the Spanish West Indies," as well as all New York. The Duke of York was not disposed to press the matter, and wrote to Andros in January, 1675-6, that he approved of the demand, as preserving his title entire, but hoped for some more convenient method of adjusting the boundaries in the future; the only stipulation he made, was that the Connecticut men should not approach within twenty miles of the Hudson River. Within a month, however, the hostile attitude of the Indians compelled the eastern colonists to apply to Andros for aid in the alarming position of affairs. On the 1st of July, 1675, a letter was sent by Gov. Winthrop of Connecticut to New York, and Andros not only was "much troubled at the Christians' misfortunes and hard disasters in those parts," but he proposed to start at once, with a force "ready to take such resolutions as may be fit for me," and to make the best of his way to Connecticut River; "his royal Highness's bounds," as he significantly termed them.
This was more than the colonists had anticipated; yet they were unwilling to bring the dispute of boundaries to an open rupture, especially at such a time. Andros, therefore, was allowed to come to Saybrook with his two small vessels, and was met by Robert Chapman and Thomas Bull in behalf of the Colony. Various protests were exchanged, and Andros caused the Duke of York's Charter and his commission to be read. After this ceremony, he declared he should depart immediately unless desired to stay. In return, the agents of the Colony, who had studiously disavowed any share in these-17- proceedings, read a protest on the part of Connecticut. And so "his Honor was guarded with the town soldiers to the waterside, went on board, and presently fell down below the Fort, with salutes on both sides." (Trumbull, Col. Rec. Conn. ii. 584.) Thus both sides parted in peace, each content with its own performance; and a few years afterwards the boundary was settled by mutual concessions.
Andros pursued his plans for protecting his Colony, furnished the necessary arms and ammunition, and disarmed the friendly Indians. Returning to New York, he called together the neighboring sachems and renewed the treaties with them; and in August, 1675, he proceeded to Albany, where he succeeded in gaining the friendship of the Mohawks and other powerful tribes. For nearly a year, till the death of Philip, August 12th, 1676, Massachusetts and Connecticut suffered from the barbarous incursions of the Indians. During this time, Andros, by his own account, had remained unwillingly idle, his offers of assistance having been rejected by his neighbors. He would have brought into the field his Mohawk allies, but the offer being slighted he could only keep them true to their allegiance, build forts and boats, and prevent any increase of Philip's forces. He seems in fact to have been greatly offended by the assertions of the Massachusetts Colony, that it was at Albany, and through his connivance, that the hostile Indians had obtained their supplies of arms and ammunition. He sent two gentlemen to Boston to obtain satisfaction, and received only a letter "clearing the magistrates, but not the generalty, still aspersed without any known cause, complaint or notice." So indig-18-nant was he at this false accusation, that after his arrival in England, he petitioned the King in Council to cause inquiry into the truth of the matter; to which the agents, William Stoughton and Peter Bulkley merely replied, that they were not furnished with the information, and that evil-minded persons might have sold ammunition to the Indians despite the Governor's prohibition; in short, while evading all concessions or apologies, they insinuated the truth of the charge.
Towards the end of the summer of 1676, the Indian troubles broke out in the settlements in Maine, and though Massachusetts had taken possession of the Duke of York's territory of Pemaquid, Andros exerted himself to protect the settlers there, and sent an armed sloop thither.
In June, 1677, he sent a force to Pemaquid and constructed a fort there, which he garrisoned with fifty men; and he undoubtedly contributed much to the pacification of that country for the next few years.
In August, 1677, he visited Albany with an agent from Maryland, and there received anew the assurances of the friendship of the western Indians. At that time and place he received permission from the Duke of York to take a brief leave of absence, and we transcribe a few passages from the letter. "I am glad to find the quiet condition of your government notwithstanding the late troubles that have been in your neighbourhood." "In regard you express a desire to come for England for some time to look after your own concerns, if you shall towards the end of this summer con-19-tinue to be of that mind, (not doubting your care to settle all things during your absence from your government in the best and safest manner), I do agree that you come away with the latest shipping, so as having the winter to yourself, you may be ready to return to your government with the first ships that go hence in the spring."
Andros indeed, up to this time had merited the thanks of his employer. He had kept the country at peace, and had already made its revenue equal to its current expenses. The former laws in force during the English rule had been re-established, and it would seem that he had even tried to persuade the Duke of York to concede to the settlers some form of a legislative Assembly. (N.Y. Col. Doc. ii. 235.) He therefore communicated to the Council and General Court of Assizes, in October, the permission he had received to visit England, and arranged all matters likely to arise in his absence. On the 17th November, 1677, he sailed from New York, not accompanied by his wife probably, as we find no mention of her.
During his stay in England at this time, Sir Edmund Andros was knighted, a sufficient proof of the favor in which he was held at court. On the 8th April, 1678, he was called before the Committee for Trade and Plantations, and was examined in regard to affairs in New England as well as in his own Colony. His answer was quite elaborate, and is printed in the New York Colonial Documents, iii. 260-265. In regard to his own Colony of New York, he estimates the towns, villages, and parishes at about twenty-four in number,-20- the militia as numbering 2,000, the value of all estates at £150,000. He thinks a substantial merchant is one worth £500 to £1,000, and a planter is rich who has half as much in moveables.
His opinion of the settlements in New England certainly does not seem unfriendly. He states indeed that "the acts of trade and navigation are said, and is generally believed, not to be observed in the Colonies as they ought," yet he adds, "I do not find but the generality of the magistrates and people are well affected to the King and Kingdom, but most knowing no other government than their own, think it best and are wedded to and opinionate for it. And the magistrates and others in place, chosen by the people, think that they are obliged to assert and maintain said government all they can, and are Church-members and like so to be chosen, and to continue without any considerable alteration and change there, and depend upon the people to justify them in their actings."
Andros at this time brought before the Council the matter of the false charge that he had supplied the Indians with ammunition, and the Agents for Massachusetts, William Stoughton and Peter Bulkley accordingly replied, promising "To do their utmost endeavour" to remove any misunderstanding between Sir Edmund and their government.
On the 27th of May, 1678, he sailed for New York in the "Blossom," taking with him William Pinhorne, James Graham, John White, John West and others, including his-21- chaplain, the Rev. Charles Woolley, whose Journal was published in 1701.[4]
He arrived on the 7th September, 1678, and found his Colony at peace, though there were still difficulties to be apprehended in dealing with the Indians. During the next two years Andros seems to have been much disturbed by controversies with some of the leading merchants, and complaints were freely made to the Duke of York that his Governor was dishonest. Accordingly, James wrote, May 24, 1680, to Andros, (N.Y. Col. Doc. iii. 283,) that he wished him to return to England "by the first convenience," turning over the government to Anthony Brockholst, the Lieutenant-Governor. Mr. John Lewen was sent hither as a special commissioner to investigate the accounts of the government, and his report (printed in N.Y. Col. Doc. iii. 302-8) was decidedly unfavorable to Andros. The Governor, however, who had sailed from New York, January 7, 1681, was able to refute the charges made against him, and ends his reply as follows:—
"Lastly, I answer to the whole report, I do find all the imputations upon myself to be wholly untrue and deny every part thereof."... "But if any objections or doubts remain, I am still ready to subject them to the greatest scrutiny his Royal Highness shall think fit, not doubting his Royal Highness's justice and my own vindication." (N.Y. Col. Doc. iv. 313.)
We have learned nothing respecting Andros's position in England for the next five years, except that he was in favor-22- at Court, being, in 1683, sworn Gentleman of the Privy Chamber to the King, Charles II. He very probably devoted his attention to his estates in Guernsey, as in this year he and his wife received from the Crown a grant of the Island of Alderney for ninety-nine years, at a rent of thirteen shillings. In 1685, he was made Lieutenant-Colonel of the Princess of Denmark's Regiment of Horse, commanded by the Earl of Scarsdale.
The accession of James II. however, February, 1685, opened a new prospect of advancement. Andros seems to have been a staunch member of the Church of England, but his long intimacy with the Duke of York had doubtless given that Prince a favorable impression of his abilities. The Charter of Massachusetts, after a contest extending through many years, had been declared vacated, October 23rd, 1684. The notorious Col. Piercy Kirke[5] had been designated as the new Governor by Charles II. and confirmed by James, but New-23- England had been spared the affliction of his presence. Joseph Dudley had been commissioned as President of the Council, and served as chief magistrate from May 15th, 1686, till December 19th following.
Andros was commissioned Governor in chief in and over the dominion of New England, June 3, 1686, though his appointment is spoken of as settled, in a letter from Randolph, dated at Boston, July 28th of that year. (Hutchinson Papers, ii. 288, Prince Society's edition.)
It would seem as if Andros had received less than justice from the historians of Massachusetts. Hutchinson (Hist. i. 353) writes of him, "he was less dreaded than Kirke, but he was known to be of an arbitrary disposition. He kept a correspondence with the Colony whilst he was Governor of New York. His letters then discovered much of the dictator." So Palfrey (iii. 517) in his admirable History, says that James "had known Andros many years as a person of resolution and capacity, of arbitrary principles, and of habits and tastes absolutely foreign to those of the Puritans of New-England; and could scarcely have been ignorant of his personal grudge against Massachusetts, on account of old affronts. It was not to be doubted that here was a man prepared to be as oppressive and offensive as the King desired."
It is certainly but justice to an officer who filled so many important positions to the entire satisfaction of employers so different as James II. and William of Orange, to scrutinize with deliberation such charges against his character, and to insist upon undoubted evidence of his personal iniquities.-24-
One thing seems evident, the government now imposed on New England was not the act of Andros, nor is there any proof that he sought the position of Governor. Randolph indeed had labored for years to effect the downfall of the Charter government; and as Palfrey has shown in successive chapters, in aid of the same purpose were the efforts of English merchants whose trade was injured by the commercial enterprise of Massachusetts, and the denunciations of English politicians, who considered the Charter government an infringement of the Royal prerogative. We have seen no evidence of Andros's complicity with these enemies of New England, and no proof of an unfriendly disposition when he accepted office.
It will hardly be imputed to Andros as a fault that he took the view of the Royal authority which prevailed at Court. As a subordinate, appointed to a certain position to carry out a certain policy, he had no choice but to obey or resign. In carrying out the commands of his master, he can only be blamed if his conduct was cruel or even harsh, in excess of his instructions. It will certainly be difficult, we think, to fasten any such stigma upon Andros. Leaving his political offences, for which the King was responsible, what personal charges can be substantiated against him?
It is evident that no person was executed for a political offence, and that none of the atrocities of Jeffreys or Lauderdale were repeated in this country. It is equally evident that no one was fined or imprisoned for non-conformity to the Church of England, and the contrast with the mother-25- country is entirely in our favor. If the fees exacted were excessive, a point hereafter to be considered, was Andros a gainer thereby? From a report made at the time, and printed in N.Y. Colonial Documents, iv. 263, it appears that Andros was paid a fixed salary in 1686, of £1200 sterling; in 1687, the same, and in 1688, £1400 sterling, out of the revenue. We have yet to learn of any claim made against Andros for fees illegally collected or for public money mis-appropriated. Palmer indeed, in his Impartial Account, makes a strong defense for Andros on this head. The Council were all old residents; the Secretary and Collector, who received the greatest fees, were not appointed by Andros, and indeed Randolph quarrelled with him. The Treasurer was John Usher, who continued to reside here after the downfall of Andros, and the Chief Justice was Dudley. It is hardly probable that Andros was responsible for the appointment of any of the higher officials, nor should he be justly charged with the table of fees which was fixed for their benefit by a committee of the Council.
Reduced to plain statements, the personal charges against Andros seem to be, first, a zeal for Episcopacy, which led him to insist upon having a place for Church services in one of the Boston meeting-houses for a time; and secondly, a rude or insolent carriage towards his disaffected subjects.
As to the first, the facts are patent, and they do not seem to constitute a very heinous offence. It was undeniably a great annoyance to the members of the Old South Church, to have the Governor use the building for Episcopal services,-26- but as they were held only when "the building was not occupied by the regular congregation," (Palfrey, iii. 522,) we cannot greatly censure Andros for his course.
As to his treatment of persons accused of misdemeanors, we find but one instance which was worthy of censure. The case of the Rev. Mr. Wiswall of Duxbury, as narrated at p. 100 of this volume, is an evidence of inhumanity on the part of some one. If he were compelled to journey and appear before the Council when disabled by gout, it was an act disgraceful to the authorities; yet we must add, that Andros is not accused directly of being the persecutor. The other instances sink into insignificance, and at most prove only that Andros was a passionate man, who did not hesitate to express uncomplimentary opinions very freely. When Andros "called the people of the country Jacks and Toms;" and when, the constables having made an address to Sir Edmund as to how they should keep the peace if the sailors from the Frigate made a fray, "he fell into a great rage and did curse them and said they ought to be sent to Gaol and ordered Mr. West to take their names,"—we cannot on that account rank him with Kirke or Claverhouse.
So in two cases cited by his accusers, in pages 107 and 111 following: when certain impertinent busy-bodies brought an Indian to testify that Andros was engaged in a conspiracy to bring on an Indian War,—a story whose folly was only equalled by the harm it might cause if believed by the people,—Andros contented himself with ridiculing them, though afterwards they were fined by the courts. To prove-27- that he discountenanced making defence against the Indians, his opponents offer the testimony of certain village officials, whose affidavits prove only that Sir Edmund probably had read Shakespeare.
We fail, therefore, to see any evidence that Andros was cruel, rapacious, or dishonest; we know of no charge affecting his morality, and we find a hasty temper the most palpable fault to be imputed to him.
To return to our sketch of his public acts. He arrived at Boston, a place which he had before visited in October, 1680, to wait upon Lord Culpepper, (N.Y. Col. Doc. iii. 308,) in the "Kingfisher," Sunday, December 19, 1686, and landed the next day attended by about sixty soldiers. He was received with great acclamation of joy, and was escorted by a great number of merchants and others, to the Town House. He at once proceeded to organize his government, which it must be remembered, as constituted by his commission, was composed of the Governor and his Council. The other officers, judges, collectors, &c., were at hand, and the objects of the new rulers were soon disclosed. By losing their Charter and its representative form of government, the colonists had lost the privilege of taxing themselves. The Governor and Council imposed the tax; and when the inhabitants of the town of Ipswich attempted to resist the law, the patriotic leaders of the movement were tried, fined and imprisoned. The judges were Dudley, Stoughton, Usher and Randolph. This trial ended all attempts to dispute this claim of the government, but it was only the natural-28- result of the forfeiture of the Charter, and in no sense the act of the Governor.
The other claim of the Crown was to the ownership of all the land, which involved two questions, viz. as to lands already owned by the settlers, and waste lands. The government held that private titles were invalid, unless confirmed by the Crown on the payment of a quit rent. Preposterous as this doctrine may seem, it had staunch defenders, and Andros was in earnest in enforcing it. Many complied with the requirements of the government, but the work was not completed when the Revolution came. As to Andros's share of the blame, Palmer makes the best defence, when he points out that Writs of Intrusion were brought only against a few persons to test the right, and these persons were those able to contest the question, and not obscure individuals. The moral question as to waste lands is more difficult of decision, since the argument is not without force, that it was better for Andros to grant them to persons who would improve them, than for the towns to hold them, unimproved, as commons.
Among the earliest acts of Andros, was his extending his authority over New Hampshire, Plymouth and Rhode Island, as well as Maine and Massachusetts. In October, 1687, he visited Hartford, and took the government of Connecticut also into his hands, and he afterwards traveled through that Colony. The first few months of 1688 were spent at Boston in consolidating the legislation necessary for the future guidance of the government.-29-
He had at this time the misfortune to lose his wife, who died January 22, 1687-8, and was buried in the church-yard adjoining King's Chapel.[6]
In April, 1688, Andros visited Portsmouth and Pemaquid, where he repaired the fort, and proceeding to Penobscot, he seized some property of Castine, a Frenchman who had settled there among the Indians. Returning to Boston, "he found a great promotion awaiting him in a new commission, creating him Governor of all the English possessions on the mainland, except Pennsylvania, Delaware, Maryland and Virginia."[7] His command embraced New England, New York and New Jersey, with its capital at Boston.
In July, August and September, 1688, Andros made a tour through the Colonies, going through the Jerseys, and visiting New York city, Albany and Hartford. During this visit he-30- had held a conference with the chiefs of the Five Nations, and had notified the Governor of Canada that these tribes were under the protection of the English. He must therefore have been surprised and disgusted to find that hostilities were imminent in the Colony of Maine. The cause of this outbreak was probably the resentment of Castine, whose property had been taken by Andros in the spring, and whose influence with the Penobscots was great.
At first, the Governor tried the effect of conciliation, but finding this useless, he collected some seven hundred troops,[8] and in November, 1688, he proceeded to Maine to defend the settlers there. He established and garrisoned several forts, a list of which will be found in Mass. Hist. Soc. Coll. 3rd S. i. 85. At Pemaquid, he received information of the probable designs of the Prince of Orange upon England, and January 10th, 1689, he issued the Proclamation which will be found on p. 75 of the present volume.
He returned to Boston early in March,[9] and the chief event of that month was the accusation that he had entered into a conspiracy with the Indians against the Colony, a base and foolish calumny. On the 4th of April, 1689, the news of the landing of the Prince of Orange in England was brought to Boston from Nevis by John Winslow, who had a copy of the Prince's Declaration. Andros had been previously warned however, by his friends in New York.
From this time until the 18th of April, there were doubtless plots and conspiracies without end. On that day the-31- people of Boston rose against Andros and his government, but no hint is given us of the real contrivers of the revolution. Palfrey, iii. 579, writes, "It would be very interesting to know when and how the rising in Boston was projected. But conspirators do not show their hands while they are at their game; and after the settlement under King William, it became altogether unsuitable for those who had been privy to the facts to let it be known that the insurrection at Boston was a movement independent of his enterprise." The contemporary accounts of the proceedings are numerous and full of detail. Byfield's Account was printed very soon and will be found in this volume; Hutchinson gives in his History, (i. 374-377,) a copy of a letter sent to Gov. Hinckley; Palfrey in the notes to his History, gives a number of citations from original papers, including the narrative of John Riggs, a servant of Sir Edmund's; and last, O'Callaghan, (N.Y. Col. Documents, iii. 722,) prints Andros's own version. The events themselves are so fully described in the following pages, that it is necessary to say only that Andros, who was in the fort on Fort-hill, was obliged to surrender on the first day, April 18th, and was lodged under guard at Mr. Usher's house. On the 19th he was forced to order the surrender of the Castle in the harbor, and the Rose frigate was also given up and partially dismantled. A provisional government was at once formed, and Andros was transferred to the custody of John Nelson at the fort. We have printed in the present collection a statement by the Captain of the Castle, of the good treatment afforded Andros and his companions. It seems by Byfield's story, that Sir Edmund made an unsuccessful attempt to escape-32- disguised in woman's apparel, in April; he was more successful on the 2nd of August, when by the treachery of one of the corporals, he escaped from the Castle and reached Rhode Island. Waiting there too long, probably for some vessel bound to New York or to England, he was captured by Major Sanford and sent back to his former prison.
The following named persons were imprisoned with Andros. (R.I. Records, iii. 257.) "Joseph Dudley, Judge Palmer, Mr. Randolph, Lt. Col. Lidgett, Lt. Col. Macgregry, Captain George, Major Brockholes, Mr. Graham, Mr. West, Captain Treffry, Mr. Justice Bullivant, Mr. Justice Foxcroft, Captain White, Captain Ravencroft, Ensign Pipin, Dr. Roberts, Mr. Farewell, Mr. Jemeson, Mr. Kane, Mr. Broadbent, Mr. James Sherlock, sheriff, Mr. Larkin, Captain Manning, Lt. Jordaine, Mr. Cutler,"—25 in all, to which Byfield adds Mr. Crafford and Mr. Smith, and Hutchinson says that the number seized and confined amounted to about fifty. Probably some were soon released, or were too obscure in rank to be recorded.
It is our intention now to trace the personal fortunes of the deposed Governor, rather than the course of his successors. He was kept prisoner until February, 1690, when, in accordance with an order from England, Sir Edmund and his companions were sent thither for trial. The order, which was caused by letters which they had managed to convey to the Court, was dated July 30, 1689, but it did not reach Boston till very late in the year, and the prisoners were sent by the first opportunity.[10]
The Colony sent over Elisha Cooke and Thomas Oakes to assist their agents, Sir Henry Ashurst and Increase Mather, in prosecuting their charges against Sir Edmund and his associates. We find in the New York Col. Documents, iii. 722, and also in R.I. Records, iii. 281, an account by Sir Edmund of his administration, which is termed by Palfrey (iii. 587) "extremely disingenuous," though we cannot assent to this term. In it he says that he and his friends were sent to England "where, after summons given to the pretended agents of New England, and their twice appearance at the Council Board, nothing being objected by them or others, they were discharged."
Hutchinson, indeed, (i. 394,) attempts to lay the blame of this release of Andros and his more guilty associates, upon Sir John Somers, the counsel employed by the agents. It may be nearer the truth to say that Andros had committed no crime for which he could be punished, and that he had in no way exceeded or abused the powers conferred upon him.
At all events, Andros was favorably received at home, and in 1692 was appointed Governor of Virginia, to which command was joined that of Maryland. "He brought over to Virginia the Charter of William and Mary College, of which he laid the foundation. He encouraged manufactures and the cultivation of cotton in that Colony, regulated the Secretary's office, where he commanded all the public papers and records to be sorted and kept in order, and when the State House was burned, had them carefully preserved, and again sorted and registered. By these and other commend-34-able acts, he succeeded in gaining the esteem of the people, and in all likelihood would have been still more useful to the Colony had his stay been longer, but his administration closed in November, 1698." (O'Callaghan, Woolley's Journal, p. 67.)
Strangely enough, the Governor who in Massachusetts was chiefly hated for his love of Episcopacy, was overthrown in Virginia for quarrelling with the Church authorities. The Earl of Bellomont writes in 1690, in a letter printed in N.Y. Col. Doc. iv. 490, "Sir Edmund Andros for quarreling with Doctor Blair in Virginia, brought the resentment of the Bishop of London and the Church (they say) on his head, which is the reason he has lost his government, and by the same rule they would get me recalled by making this a church quarrel." Bishop Meade in his "Old Churches and Families of Virginia," i. 157-8, gives some account of this controversy. The opponent of Andros was the Rev. James Blair, Commissary of the Bishop of London and President of the College, who seems to have passed nearly all his life in disputes with successive Governors; and it is no proof that Andros was in the wrong that he was recalled and superseded. The record of the trial of Dr. Blair is preserved at Lambeth, the result being that he returned triumphant with a good sum of money for his College.
Sir Edmund soon reappears, however, as the recipient of Court favor, being in 1704 appointed Governor of Guernsey, an office which he held for two years, retaining also the post of Bailiff of the Island, which he had for life. This is nearly the last we learn of him, and his age, nearly seventy years,-35- must have debarred him from farther service. We find his name indeed among the new members in the "Proceedings of the Society for the Propagation of the Gospel in Foreign Parts, 20 Feb. 1712-3 to 19 Feb. 1713-4;"[11] and this was in the last year of his life, as he was buried at St. Anne's, Soho, Westminster, London, 27th Feb. 1713-4, in his 76th year.
There remain to be noticed only a few items in respect to Sir Edmund's marriages, all occurring after his return from Virginia.
We do not know how soon after the death of his first wife in 1688 he married again; but the examination made for us by Joseph L. Chester, Esq., of London, shows that Sir Edmund's second wife was Elizabeth, third daughter and co-heiress of Thomas Crispe of Quekes, co. Kent. Her father, who died in 1680, was the oldest son of Thomas Crispe, Esq. of Gondhurst, co. Kent, nephew and heir-male of Henry Crispe of Quekes. She was a widow, having married first Christopher Clapham, (son of Sir Christopher Clapham, Knt. of Clapham, co. York,) who died 15th November, 1677, and was buried in Birchington Church, Isle of Thanet, co. Kent: by him she had but one child, Christopher Clapham, who is mentioned in Andros's Will. It may be added, that Sir William Craven, brother of the first Lady Andros, married Mary Clapham, a sister-in-law of this Mrs. Elizabeth Clapham. The connection between the families rendered this second marriage of Andros the more natural.-36-
The second Lady Andros was buried at St. Giles'-in-the-Fields, co. Middlesex, August 18th, 1703.
Sir Edmund married thirdly, April 21st, 1707, Elizabeth Fitzherbert, of whose family nothing has been found. She survived him and was buried at St. Anne's, Soho, February 12th, 1716-17. He left no issue by any of his wives, though representatives of the family, in the line of his nephew, still reside at Guernsey.
In reviewing the long public career of Sir Edmund Andros, we are struck not less by the amount of work which he performed than by the censures which his services incurred. He was the Governor at times of every Royal Province on the mainland, and exercised a larger influence than any other of the rulers sent hither by Great Britain. He was repeatedly accused of dishonesty and oppression, yet he passed harmless through repeated examinations only to receive fresh promotion. He was apparently the chosen follower of James, and yet there is no reason to suspect him of any disloyalty to his country at the anxious period when that monarch was striving to retain his throne. He was intrusted by William with the government of Virginia, and was honored by Queen Anne; thus holding office under four successive monarchs. Surely there must have been some noble traits of character in a man thus perpetually involved in contests and thus invariably successful.
It is certainly to be regretted that we have been led to form our opinion of Andros from the reports of men who were deeply interested in maligning him. That his govern-37-ment was distasteful to the citizens of Massachusetts is undeniable, but no man sent here to perform the same duty would have been acceptable. In reality the grievance of the colonists lay in the destruction of their Charter, and filled with hatred to those who had thus deprived them of this accustomed liberty, they were at enmity with every form of government that might be imposed in its place. The leaders indeed found that a restoration of the Charter was impossible, but Increase Mather's letters testify how reluctantly the people acquiesced, and how sharply he was blamed for not effecting impossibilities.
As to the government of Andros, we fail to see in it any special hardships or persecution. He himself declares that he levied for the expenses of the State only the usual annual tax of a penny in the pound, which had been the rate for the previous fifty years. If other officers, not appointed by him, nor under his control, charged unmerciful fees, that was a matter to be urged against them. It is a significant fact, however, that most of these officers remained in America and were unmolested. If under instructions from the Crown, and fortified by the opinions of English judges, he attempted to collect rent for lands which the settlers claimed were their own, unless he used fraud or violence, he should no more be blamed than the lawyers employed in the cases.
We see then no reason to doubt that Sir Edmund Andros was an upright and honorable man, faithful to his employers, conscientious in his religious belief, an able soldier, possessed of great administrative abilities, a man worthy to be ranked among the leaders of his time. He may have been hasty of-38- speech, yet his words were followed by no acts of revenge; he may have been proud of his ancestry and his position at Court, yet we find no evidence that his pride exceeded the bounds of decorum. He was singularly fortunate in acquiring the affection of the Indians at a time when their good-will was of immense importance; and his overthrow was the precursor of one of the most disastrous Indian wars that New England ever experienced.
It should be remembered, finally, that he labored under the disadvantage of being here at the time of a transition in affairs. He was fast building up a party here of those who wished to assimilate Massachusetts to other portions of the British empire. There were many, and those not the poorest or least educated, who were sorry when the reaction succeeded for a time and the old rule was re-established. And yet the triumph was but nominal, for the old Charter and the old system were never restored. The Colony was destined to enter upon a new career which was to reach to the Revolution, and undoubtedly a potent influence at the outset was the breaking up of old associations effected by Andros. The only injustice we need to repair, is the mistaken idea that he was the ruling cause of the change—it was something far more powerful. Unless, therefore, we are disposed to quarrel with the progress of events, and to wish to restore our State to the primitive rule of the Puritan church, we should cease to make a bugbear of the instrument of its overthrow. We may class Andros rather among those statesmen, unwelcome but necessary, whose very virtues and abilities are detested in their lifetime, because they do so thoroughly their appointed work and initiate new periods in national history.
[Extracted from the Principal Registry of Her Majesty's Court of
Probate,
in the Prerogative Court of Canterbury.]
Sr. EDMUND ANDROS of Guernsey and now residing in the parish of St Anne in the Liberty of Westminster in the County of Middlesex Knight being in health of body and of good and perfect memory praised be God do make and ordain this my last Will and Testament in manner and form following that is to say First and principally I commend my soul into the hands of Almighty God my Creator trusting and assuredly hoping through the merits and mediation of my blessed Lord and Saviour Jesus Christ to inherit eternal life my body to be decently buried but without ostentation and as to the worldly estate it hath pleased God to bless me-40- with I dispose thereof as followeth viz Imprs: I order and direct that all the just debts which I may happen to owe at my decease be forthwith paid Item I give the sum of one hundred pounds for the placing of ten poor children to be apprentices to some trades or otherwise preferred according to the discretion of my Executor that is to say ten pounds for each child Item Whereas I am entitled to two several annuities of fifty pounds p. annum each payable out of the Exchequer by virtue of an Act of Parliament whereof the order for payment for one is number one thousand and ninety four and therefore payment of the other is number four thousand three hundred seventy seven now for a further and better provision for Dame Elizabeth my wife I do give unto her the said two several annuities of fifty pounds p: ann: a piece together with the several Tallys and Orders relating thereunto for and during the term of her natural life only and I also give unto my said wife the sum of one hundred pounds to be paid to her immediately after my death which said several annuities for life and one hundred pounds I do hereby direct appoint and declare are for and in lieu of a jointure and in full recompence of her dower and are hereby given to my said wife upon condition that she shall not claim any interest right or title in or to any lands tenements or hereditaments of which I am or shall be seized at the time of my decease and if my said wife shall after my death claim any estate right title or interest in or to any of my lands tenements or hereditaments Then the bequest herein made unto her of the said several annuities and of the said one hundred pounds as aforesaid shall be void and of none effect and then and in such case I give the said several annuities-41- and the said one hundred pounds unto my Executor hereinafter named And from and after the decease of my said wife I also give the said two several annuities of fifty pounds each unto my Executor hereinafter named together with the Tallys & orders relating thereunto Item I give the sum of two hundred pounds which is due to me by bond from Thomas Cooper near Maidstone in Kent taken in the name of my late sister in law Mrs Hannah Crispe and all the interest that shall be due thereupon unto Christopher Clapham Esq (son of my late dear deceased wife) if I do not in some other give or secure to the said Christopher Clapham the sd. debt of two hundred pounds and interest Item I give to Edwin Wiat Esq Serjeant at Law (if he shall survive me) and in case of his death before me to his Executors Administrators or assigns the sum of three hundred pounds which is due and owing to me by mortgage made from Mrs Mary Hurt unto my said late wife by the name of Elizabeth Clapham Widow and all interest that shall be due thereupon and all my right and interest in and to the same upon this condition that the said Serjt. Wiat his executors administrators or assigns shall within six months next after my decease pay unto the said Christopher Clapham Esq the sum of two hundred pounds which sum I do give to the said Mr. Clapham out of the said debt Item I give to my niece Elizabeth daughter of my late brother John Andros deceased the sum of two hundred pounds Item I give to my niece Ann daughter of my said late brother John Andros the sum of one hundred pounds Item I give to my nephew Cæsar son of my sd. late brother John Andros the sum of one hundred pounds Item I give to my nephew Edmund son of my said late brother John An-42-dros the yearly sum of twenty pounds for his maintenance which sd. yearly sum of twenty pounds my will is shall be paid by my Executor hereinafter named free from all taxes charges and payments whatsoever unto my said nephew Edmund or to such person or persons as shall from time to time have the care and keeping of him by equal half yearly payments for and during the term of his natural life that is to say at the feast of the Annunciation of the Blessed Virgin Mary and the Feast of St. Michael the Archangel the first payment to begin and to be made at such of the said feasts as shall first happen after my death Item I give unto my nephew William son of my said late brother John Andros the sum of one hundred pounds Item I give to my nephew George Son of my late brother George Andros deceased all my estate and interest in the Island of Alderney which I shall be seized or possessed of at the time of my death either in fee simple or for any term of years or otherwise howsoever in the said Island of Alderney together with all powers privileges and francises to me belonging and all my right title and interest thereto and I also give unto my said nephew George Andros the sum of five hundred pounds Item whereas there is payable to me or my assigns out of the Exchequer and chargeable on the Revenue of Excise by Act of Parliament two several annuities of fifty pounds each whereof the order for one is number four hundred sixty three & the order for the other is number four hundred sixty four I do hereby give unto my said nephew George Andros the said two several annuitys or yearly sums of fifty pounds & all my term benefit & advantages in & to the same together with the Tallys and orders relating thereunto to be delivered to him-43- immediately after my decease Item I give to my niece Anne Lemesurier daughter of my said late Brother George Andros the sum of one hundred pounds Item Whereas Cæsar Knapton Gent is indebted to me in several sums of money by bond mortgage or otherwise the mortgage being made to Ralph Marshall Esq & by him assigned to me in lieu of moneys had of mine I do hereby give unto the sd. Cæsar Knapton all such moneys as remains due to me from him & do also release unto him and his heirs all securities which I have for the same Item I give to William Le Merchant Son of my late niece Elizabeth Le Merchant dec'ed the sum of one hundred pounds and to his sister Elizabeth the now wife of Mr. Elizea Le Merchant the like sum of one hundred pounds Item I release and discharge my cousin Magdalen Andros Widow the Relict of my Cousin Amos Andros deceased and his heirs off and from all and every the sum and sums of money which is due and owing to me from the said Amos Andros by Bond or otherwise Item I release & discharge my cousin Mary Andros (daughter of the said Amos Andros deceased) off and from all sum and sums of money charges and other expences whatsoever which I have disbursed or have been at for her late maintenance or might have or clayme any wise for the same and also I give unto her the said Mary Andros the sume of one hundred pounds and my mind and will is and I doe hereby direct that the several and respective legacies hereinbefore given shall be by my Executor hereinafter named paid or assigned to the said several legatees entitled thereto within one year next after my decease nevertheless my will is and I do hereby declare that the said several legacies hereinbefore given are given to-44- the said several legatees respectively upon condition that they do not claim any other part of my estate than what is hereby given to them respectively and that if any or either of them or any other person or persons on their or any of their behalfs or claiming by or under them either or any of them shall or do clayme any part of my estate either real or personal other than what is by this my Will given to them respectively or shall in any wise molest hinder or disturb my nephews John Andros or his heirs or any claiming under him or them in the quiet possession or enjoyment thereof or shall upon his or their request refuse to release all his her or their claim interest or pretensions in or to all or any part or parcel of my estate other than what is hereinbefore respectively given to them That then and from thenceforth the legacy or legacys so given to him her or them respectively as aforesaid so claiming or refusing as aforesaid shall respectively cease determine and be utterly void and in such case I give the said legacy or legacys so as to be made void as aforesaid unto my said nephew John (eldest son of my said brother John Andros dec'ed) and his heirs Item I give to Mrs. Margaret Baxter Widow the yearly sum of ten pounds to be paid to her tax free out of the interest rents issues and profits of the mortgage money hereinafter mentioned to be due to me from the estate of my late cousin Margaret Lowdon deceased by equal quarterly payments for and during the natural life of the said Mrs. Baxter the first payment whereof to begin and to be made at the end of three calendar months next after my decease Item I discharge the heirs executors and administrators of the said Mrs. Margaret Lowdon of and from all interest money that shall remain due to me at the time of my decease over-45- and above what sums of money she did in her lifetime pay and which they or any of them shall have paid to me or by my order for the sum of four hundred pounds which is due to me on the mortgage of her estate in Harron Alley without Aldgate London Item all other my estate whatsoever both real and personal in Great Britain Guernsey or elsewhere not herein disposed of after all my debts legacies and funeral expences shall be paid and satisfied I give devise and bequeath unto my said nephew John (eldest son of my said late brother John Andros deceased) and to his heirs But my will is that my said nephew John or his heirs shall within two years after my decease (if not built before) build a good suitable house on or at the Manor of Saçmares in Guernsey aforesaid and if the said John or his heires shall not in that time build such house (if not built before) Then my Will is and I do hereby direct and appoint my said nephew John or his heires to pay the sum of five hundred pounds unto my said nephew George Andros within one year after his or their neglect to build such house as aforesaid and I do hereby make ordain constitute and appoint my said nephew John Andros (in case he survives me) Sole Executor of this my last Will and Testament But if my said nephew John Andros shall be then dead then and in such case I make his heirs male Sole Executor of this my last Will and Testament And I do hereby revoke annul and make void all former wills by me made declaring this to be my last Will and Testament In witness whereof to this my last Will and Testament contained in five sheets of paper I have to each of the said sheets sett my hand and seal the nineteenth day of July Anno Dom: 1712 and in the eleventh year of the-46- reign of our Sovereign Lady Anne by the Grace of God of Great Britain France and Ireland Queen Defender of the Faith
E. ANDROS.
Signed sealed declared and published by the said Sir Edmund Andros to be his last Will and Testament in the presence of the Witnesses hereunder written which said Witnesses subscribed their names in the presence of the said Sir Edmund Andros—James Spenceley—Rob: Hodson Jno. Hodson—
Probatum fuit hujus modi Testamentum apud London coram Venerabili Viro Johanne Andrew Legum Doctore Surrogato Præhonorandi viri Domini Caroli Hodges Militis Legum Etiam Doctoris Curiæ Prerogativæ Cantuariensis Magistri Custodis Sive Commissarii legitime constituti Octavo die mensis Martii Anno D'ni Millesimo Septingentesimo decimo tertio juramento Johannis Andros Armigeri Executoris in dicto Testamento nominati Cui Commissa fuit administratio omnium et singulorum bonorum jurium et creditorum dicti defuncti de bene et fideliter administrando eadem ad Sancta Dei Evangelii Jurat.
INCE the foregoing pages were in type, we have been favored with some additional information concerning the Governor, through the kindness of A.C. Andros, Esq., one of the present representatives of the family.
He refers, first, to the printed account of Sir Edmund Andros, to be found in the following book:—"Sarnia, or Brief Memorials of many of her sons," by Ferdinand Brock Tupper, Esq. of Guernsey, published in that island in 1862. In it the fact is mentioned that the manor or fief of Sausmarez (anglice Saltmarsh) in St. Martin's parish, was sold in 1748 by the Andros family to a branch of the Sausmarez family which still owns it.
Amice Andros, father of Sir Edmund, was "keeper of the castle of Jerbourg, and hereditary Cup-bearer to the King in Guernsey, as also one of the gallant defenders of Castle Cornet, during its memorable nine years' siege. Two of his brothers, military officers, were slain; one in the service-48- of the King of Bohemia, who was son-in-law of James I. of England; and the other in 1644, during the Civil War."
We have mentioned (p. xxii) that Sir Edmund received in 1683 a grant of the Island of Alderney for ninety-nine years. Mr. Tupper states that Lieut. General John Le Mesurier, who died 21st May, 1843, was the last hereditary governor of Alderney. He was descended from Anne Andros, sister and co-heir of George Andros, the nephew and heir of Sir Edmund. Gen. Le Mesurier resigned the patent in 1825, on condition of receiving a pension of £700 a year until its expiration in 1862.
In an old pedigree, written about A.D. 1687 by Charles Andros, uncle of the Governor, and still preserved in the family, are a few additional items relating to Sir Edmund. Before 1660 he served three years in a troop of horse commanded by his uncle, Sir Robert Stone, in Holland, and had a commission as Ensign to go to the island of Funeme in Denmark.... After the death of the Queen of Bohemia he was made ensign of the company of Sir John Talbot, Captain of the King's guards. He was married "in England" to Mary Craven in February, 1671. March 30th, 1672, (by which we understand the same year as that of his marriage,) he was made Major of Prince Rupert's Dragoons. "The 14th day of January, 1673," (? 1673-4,) he received "by patent in reversion the charge of the Bailly of the island of Guernsey." "The 13th April, 1683, the King, Charles II.-49- gave the charge of Gentleman in ordinary of his privy chamber" to Sir Edmund, and "the 6th day of the month of June, 1685, the King, James II. gave a commission to the above Sir Edmund Andros to command a troop of cavalry to go against the rebels in England." This refers of course to Monmouth's Rebellion. In August, 1685, he was made Lieut. Colonel of Lord Scarsdale's cavalry. (Ante, p. xxii.) "The 19th October, 1686, the above Sir Edmund left England to go to New-England;" he arrived 19th December, 1686. (Ante, p. xxvii.)
We are indebted to Mr. Andros for a photograph of an original portrait of Sir Edmund, from which the engraving prefixed to this memoir has been made. As no other likeness of the Governor has been published, our readers will fully appreciate the kindness of this contribution, and will cordially join in expressing thanks for it.
P. v. The Memoir in Duncan's History was written by the late Mr. Thomas Andros of Guernsey, who died in 1853.
P. vii. Colette, first wife of Charles Andros, was daughter of Josias Le Marchant. George Andros who m. Anne Blondel, died 10 Nov. 1685; so say the family records.
P. ix. The pardon was dated 18th August. The baronet was Sir Henry De Vic.
P. xi. Edmund Andros returned from Barbados to England in August, 1668, as appears by a letter of the 13th of that month from Mr. Thomas Samborne to Mr. Amias Andros announcing his son's arrival in London.
P. xxxv. Sir Edmund's second marriage was in 1691, says Mr. Chester. The Crispes were of Goudhurst, Kent.
P. xlvii. The two brothers of Amice Andros were Joshua, killed in Germany, and John, "Master of Artillery to Prince Maurice," killed in England.
[1] The Andrews family of Denton bore "Gules, a saltire or, surmounted of another vert." O'Callaghan and Trumbull (Col. Rec. of Conn. iii. 392) have followed an error in Berry's History of Guernsey, wherein the arms of Andros are said to be "a chevron between three pelicans vulning themselves." Such a coat indeed is found on the monument of Amice Andros, but they undoubtedly belong to his wife Elizabeth Stone, the mother of Governor Andros.
[2] "She lived with her husband 42 years and was the mother of 9 children." She died 25 Dec. 1686, aged 73. (Berry, Hist. Guernsey.)
John Craven | = | . . . . . . | |||||||||||||||||||||||||||||||||||||||||||||||
Henry of Appletreewick. |
= | . . . . . . dau. of —— Sherwood. |
William | = | Beatrix, dau. of John Hunter. |
||||||||||||||||||||||||||||||||||||||||||||
Mary, dau. of —— Brockden. |
= | Robert | |||||||||||||||||||||||||||||||||||||||||||||||
Sir William Lord Mayor of London. |
= | Elizabeth, dau. of Wm. Whitmore. |
Anthony | = | . . . . . . | ||||||||||||||||||||||||||||||||||||||||||||
William Earl of Craven. d.s.p. |
John Lord Craven of Ryton. d.s.p. |
Thomas d.s.p. |
|||||||||||||||||||||||||||||||||||||||||||||||
Sir William of Lenchwike, d. 1665, æt. 46. |
= | Mary, dau. of Ferdinando, Visct. Fairfax, of Cameron. |
Sir Thomas | = | Anne, dau. of Francis Proctor, of Beckwith. |
Sir Anthony | = | Elizabeth, dau. of Baron Pelnitz, d.s.p. |
|||||||||||||||||||||||||||||||||||||||||
William d.v.p. Aug. 13, 1665. æt. 16. |
Elizabeth | = | Theophilus Leigh. |
Margaret Craven, dau. of Robt d. 23 Feb. 1702, aged 80. |
= | Thomas | |||||||||||||||||||||||||||||||||||||||||||
Sir William b. 21 Aug. 1638. d. 24 Oct. 1695. |
= | Mary, dau. of Sir Christopher Chapham of Beamsley, co. York. |
Mary | = | Sir E. Andros. |
Alice Margaret |
= = |
Wm. Topham. Christopher Dauson. |
|||||||||||||||||||||||||||||||||||||||||
William, b. 4 Oct. 1668, 2d Lord Craven, of Hampsted Marshall. |
Sir William of Winwick, d. Mch. 1707, æt. 73. |
= | Mary, dau. of George Clerke. |
Sir Robert d. 4 Oct. 1672, æt. 40. |
= | Margaret | Sir Anthony Bart. of Spersholt, 1661, d. 1713. |
= | Theodosia, dau. of Sir Wm. Wiseman. |
[4] It has been reprinted (New York, 1860) with notes by Dr. E.B. O'Callaghan.
[5] Not much is known of Col. Piercy Kirke. His father was Col. Lewis Kirke, who in 1642-3 commanded the Royal forces in the defence of Reading against the troops under Hampden. (Lord Nugent's Life of Hampden, ii. 339-343.) Some account of Kirke is given in "Notes and Queries," 2nd S. viii. 472. It seems that Piercy Kirke, in 1673, served under the Duke of Monmouth in the army of the King of France. In 1675, he was Captain-Lieutenant in the Royal regiment of Horse-Guards; and in 1680, he was made Lieutenant-Colonel of the 2nd Tangier regiment. He was soon after made Colonel of this regiment, and in 1682 was transferred to the Queen's regiment. In 1684, he came with his regiment to England, and was employed under the Earl of Feversham during Monmouth's rebellion. His conduct after that revolt was quelled, has covered his name with infamy, and Macauley has drawn his character in vivid colors. He was made Brigadier-General in 1685, was one of those who joined William of Orange, and distinguished himself at the battle of the Boyne in 1690. He was promoted to the rank of Lieutenant-General in the same year, was sent to the army in Flanders, and died at Breda, October 31, 1691.
He married Lady Mary Howard, daughter of George, fourth Earl of Suffolk. From the identity of names it is probable that his son was the Percy Kirke who in 1735 was a Brigadier-General, commanding the King's Own Regiment of Foot.
[6] In Trumbull's Conn. Records, iii. 437, is a letter from John West to John Allen at Hartford. It is dated January 21st, (Saturday,) and states that he writes to let Allen "know the great griefe and sorrow wee are in for my Lady Andros, who since Tuesday last was sevenight hath been extreamly ill, and soe continues almost at the Court of Death, and is a greate affliction to his Excellency who is most passionately concerned. If it should please God to call her to himselfe, wee should all have a greate losse of a right good and vertuous Lady."
In a postscript West adds—"January 26th. Mr. Belcher not proceeding on his intended Journey, have opportunity to add that on Sunday last the Lady Andros departed this life, to the great griefe and sorrow of his Excellency and all that knew her."
As to the funeral, the following account is given in Judge Sewall's Diary, quoted in Bridgman's King's Chapel Epitaphs, p. 318. "Between 4 and 5 I went to the funeral of the Lady Andros, having been invited by the Clark of the South Company. Between 7 and 8 (lychns illuminating the cloudy air) the corpse was carried into the herse drawn by six horses, the soldiers making a guard from the Governor's house down the Prison Lane to the South meeting-house; there taken out and carried in at the western door, and set in the alley before the pulpit, with six mourning women by it. House made light with candles and torches. There was a great noise and clamor to keep people out of the house that they might not rush in too soon. I went home."
[7] Palfrey, iii. 558, 561, 562.
[8] Palfrey, iii. 568.
[9] Ibid, iii. 570.
[10] See Hutchinson, i. 392; R.I. Records, iii. 256.
[11] Communicated by W.S. Appleton, Esq.
End of the Project Gutenberg EBook of A Memoir of Sir Edmund Andros, Knt.,, by William Henry Whitmore *** END OF THIS PROJECT GUTENBERG EBOOK A MEMOIR OF SIR EDMUND *** ***** This file should be named 37773-h.htm or 37773-h.zip ***** This and all associated files of various formats will be found in: http://www.gutenberg.org/3/7/7/7/37773/ Produced by Steven Gibbs, Linda Cantoni, and the Online Distributed Proofreading Team at http://www.pgdp.net Updated editions will replace the previous one--the old editions will be renamed. Creating the works from public domain print editions means that no one owns a United States copyright in these works, so the Foundation (and you!) can copy and distribute it in the United States without permission and without paying copyright royalties. Special rules, set forth in the General Terms of Use part of this license, apply to copying and distributing Project Gutenberg-tm electronic works to protect the PROJECT GUTENBERG-tm concept and trademark. Project Gutenberg is a registered trademark, and may not be used if you charge for the eBooks, unless you receive specific permission. If you do not charge anything for copies of this eBook, complying with the rules is very easy. You may use this eBook for nearly any purpose such as creation of derivative works, reports, performances and research. They may be modified and printed and given away--you may do practically ANYTHING with public domain eBooks. Redistribution is subject to the trademark license, especially commercial redistribution. *** START: FULL LICENSE *** THE FULL PROJECT GUTENBERG LICENSE PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK To protect the Project Gutenberg-tm mission of promoting the free distribution of electronic works, by using or distributing this work (or any other work associated in any way with the phrase "Project Gutenberg"), you agree to comply with all the terms of the Full Project Gutenberg-tm License (available with this file or online at http://gutenberg.org/license). Section 1. General Terms of Use and Redistributing Project Gutenberg-tm electronic works 1.A. By reading or using any part of this Project Gutenberg-tm electronic work, you indicate that you have read, understand, agree to and accept all the terms of this license and intellectual property (trademark/copyright) agreement. If you do not agree to abide by all the terms of this agreement, you must cease using and return or destroy all copies of Project Gutenberg-tm electronic works in your possession. If you paid a fee for obtaining a copy of or access to a Project Gutenberg-tm electronic work and you do not agree to be bound by the terms of this agreement, you may obtain a refund from the person or entity to whom you paid the fee as set forth in paragraph 1.E.8. 1.B. "Project Gutenberg" is a registered trademark. It may only be used on or associated in any way with an electronic work by people who agree to be bound by the terms of this agreement. There are a few things that you can do with most Project Gutenberg-tm electronic works even without complying with the full terms of this agreement. See paragraph 1.C below. There are a lot of things you can do with Project Gutenberg-tm electronic works if you follow the terms of this agreement and help preserve free future access to Project Gutenberg-tm electronic works. See paragraph 1.E below. 1.C. The Project Gutenberg Literary Archive Foundation ("the Foundation" or PGLAF), owns a compilation copyright in the collection of Project Gutenberg-tm electronic works. Nearly all the individual works in the collection are in the public domain in the United States. If an individual work is in the public domain in the United States and you are located in the United States, we do not claim a right to prevent you from copying, distributing, performing, displaying or creating derivative works based on the work as long as all references to Project Gutenberg are removed. Of course, we hope that you will support the Project Gutenberg-tm mission of promoting free access to electronic works by freely sharing Project Gutenberg-tm works in compliance with the terms of this agreement for keeping the Project Gutenberg-tm name associated with the work. You can easily comply with the terms of this agreement by keeping this work in the same format with its attached full Project Gutenberg-tm License when you share it without charge with others. 1.D. The copyright laws of the place where you are located also govern what you can do with this work. Copyright laws in most countries are in a constant state of change. If you are outside the United States, check the laws of your country in addition to the terms of this agreement before downloading, copying, displaying, performing, distributing or creating derivative works based on this work or any other Project Gutenberg-tm work. The Foundation makes no representations concerning the copyright status of any work in any country outside the United States. 1.E. Unless you have removed all references to Project Gutenberg: 1.E.1. The following sentence, with active links to, or other immediate access to, the full Project Gutenberg-tm License must appear prominently whenever any copy of a Project Gutenberg-tm work (any work on which the phrase "Project Gutenberg" appears, or with which the phrase "Project Gutenberg" is associated) is accessed, displayed, performed, viewed, copied or distributed: This eBook is for the use of anyone anywhere at no cost and with almost no restrictions whatsoever. You may copy it, give it away or re-use it under the terms of the Project Gutenberg License included with this eBook or online at www.gutenberg.org 1.E.2. If an individual Project Gutenberg-tm electronic work is derived from the public domain (does not contain a notice indicating that it is posted with permission of the copyright holder), the work can be copied and distributed to anyone in the United States without paying any fees or charges. If you are redistributing or providing access to a work with the phrase "Project Gutenberg" associated with or appearing on the work, you must comply either with the requirements of paragraphs 1.E.1 through 1.E.7 or obtain permission for the use of the work and the Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or 1.E.9. 1.E.3. If an individual Project Gutenberg-tm electronic work is posted with the permission of the copyright holder, your use and distribution must comply with both paragraphs 1.E.1 through 1.E.7 and any additional terms imposed by the copyright holder. Additional terms will be linked to the Project Gutenberg-tm License for all works posted with the permission of the copyright holder found at the beginning of this work. 1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm License terms from this work, or any files containing a part of this work or any other work associated with Project Gutenberg-tm. 1.E.5. Do not copy, display, perform, distribute or redistribute this electronic work, or any part of this electronic work, without prominently displaying the sentence set forth in paragraph 1.E.1 with active links or immediate access to the full terms of the Project Gutenberg-tm License. 1.E.6. You may convert to and distribute this work in any binary, compressed, marked up, nonproprietary or proprietary form, including any word processing or hypertext form. However, if you provide access to or distribute copies of a Project Gutenberg-tm work in a format other than "Plain Vanilla ASCII" or other format used in the official version posted on the official Project Gutenberg-tm web site (www.gutenberg.org), you must, at no additional cost, fee or expense to the user, provide a copy, a means of exporting a copy, or a means of obtaining a copy upon request, of the work in its original "Plain Vanilla ASCII" or other form. Any alternate format must include the full Project Gutenberg-tm License as specified in paragraph 1.E.1. 1.E.7. Do not charge a fee for access to, viewing, displaying, performing, copying or distributing any Project Gutenberg-tm works unless you comply with paragraph 1.E.8 or 1.E.9. 1.E.8. You may charge a reasonable fee for copies of or providing access to or distributing Project Gutenberg-tm electronic works provided that - You pay a royalty fee of 20% of the gross profits you derive from the use of Project Gutenberg-tm works calculated using the method you already use to calculate your applicable taxes. The fee is owed to the owner of the Project Gutenberg-tm trademark, but he has agreed to donate royalties under this paragraph to the Project Gutenberg Literary Archive Foundation. Royalty payments must be paid within 60 days following each date on which you prepare (or are legally required to prepare) your periodic tax returns. Royalty payments should be clearly marked as such and sent to the Project Gutenberg Literary Archive Foundation at the address specified in Section 4, "Information about donations to the Project Gutenberg Literary Archive Foundation." - You provide a full refund of any money paid by a user who notifies you in writing (or by e-mail) within 30 days of receipt that s/he does not agree to the terms of the full Project Gutenberg-tm License. You must require such a user to return or destroy all copies of the works possessed in a physical medium and discontinue all use of and all access to other copies of Project Gutenberg-tm works. - You provide, in accordance with paragraph 1.F.3, a full refund of any money paid for a work or a replacement copy, if a defect in the electronic work is discovered and reported to you within 90 days of receipt of the work. - You comply with all other terms of this agreement for free distribution of Project Gutenberg-tm works. 1.E.9. If you wish to charge a fee or distribute a Project Gutenberg-tm electronic work or group of works on different terms than are set forth in this agreement, you must obtain permission in writing from both the Project Gutenberg Literary Archive Foundation and Michael Hart, the owner of the Project Gutenberg-tm trademark. Contact the Foundation as set forth in Section 3 below. 1.F. 1.F.1. Project Gutenberg volunteers and employees expend considerable effort to identify, do copyright research on, transcribe and proofread public domain works in creating the Project Gutenberg-tm collection. Despite these efforts, Project Gutenberg-tm electronic works, and the medium on which they may be stored, may contain "Defects," such as, but not limited to, incomplete, inaccurate or corrupt data, transcription errors, a copyright or other intellectual property infringement, a defective or damaged disk or other medium, a computer virus, or computer codes that damage or cannot be read by your equipment. 1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right of Replacement or Refund" described in paragraph 1.F.3, the Project Gutenberg Literary Archive Foundation, the owner of the Project Gutenberg-tm trademark, and any other party distributing a Project Gutenberg-tm electronic work under this agreement, disclaim all liability to you for damages, costs and expenses, including legal fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE PROVIDED IN PARAGRAPH 1.F.3. YOU AGREE THAT THE FOUNDATION, THE TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH DAMAGE. 1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a defect in this electronic work within 90 days of receiving it, you can receive a refund of the money (if any) you paid for it by sending a written explanation to the person you received the work from. If you received the work on a physical medium, you must return the medium with your written explanation. The person or entity that provided you with the defective work may elect to provide a replacement copy in lieu of a refund. If you received the work electronically, the person or entity providing it to you may choose to give you a second opportunity to receive the work electronically in lieu of a refund. If the second copy is also defective, you may demand a refund in writing without further opportunities to fix the problem. 1.F.4. Except for the limited right of replacement or refund set forth in paragraph 1.F.3, this work is provided to you 'AS-IS' WITH NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE. 1.F.5. Some states do not allow disclaimers of certain implied warranties or the exclusion or limitation of certain types of damages. If any disclaimer or limitation set forth in this agreement violates the law of the state applicable to this agreement, the agreement shall be interpreted to make the maximum disclaimer or limitation permitted by the applicable state law. The invalidity or unenforceability of any provision of this agreement shall not void the remaining provisions. 1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the trademark owner, any agent or employee of the Foundation, anyone providing copies of Project Gutenberg-tm electronic works in accordance with this agreement, and any volunteers associated with the production, promotion and distribution of Project Gutenberg-tm electronic works, harmless from all liability, costs and expenses, including legal fees, that arise directly or indirectly from any of the following which you do or cause to occur: (a) distribution of this or any Project Gutenberg-tm work, (b) alteration, modification, or additions or deletions to any Project Gutenberg-tm work, and (c) any Defect you cause. Section 2. Information about the Mission of Project Gutenberg-tm Project Gutenberg-tm is synonymous with the free distribution of electronic works in formats readable by the widest variety of computers including obsolete, old, middle-aged and new computers. It exists because of the efforts of hundreds of volunteers and donations from people in all walks of life. Volunteers and financial support to provide volunteers with the assistance they need, are critical to reaching Project Gutenberg-tm's goals and ensuring that the Project Gutenberg-tm collection will remain freely available for generations to come. In 2001, the Project Gutenberg Literary Archive Foundation was created to provide a secure and permanent future for Project Gutenberg-tm and future generations. To learn more about the Project Gutenberg Literary Archive Foundation and how your efforts and donations can help, see Sections 3 and 4 and the Foundation web page at http://www.pglaf.org. Section 3. Information about the Project Gutenberg Literary Archive Foundation The Project Gutenberg Literary Archive Foundation is a non profit 501(c)(3) educational corporation organized under the laws of the state of Mississippi and granted tax exempt status by the Internal Revenue Service. The Foundation's EIN or federal tax identification number is 64-6221541. Its 501(c)(3) letter is posted at http://pglaf.org/fundraising. Contributions to the Project Gutenberg Literary Archive Foundation are tax deductible to the full extent permitted by U.S. federal laws and your state's laws. The Foundation's principal office is located at 4557 Melan Dr. S. Fairbanks, AK, 99712., but its volunteers and employees are scattered throughout numerous locations. Its business office is located at 809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email business@pglaf.org. Email contact links and up to date contact information can be found at the Foundation's web site and official page at http://pglaf.org For additional contact information: Dr. Gregory B. Newby Chief Executive and Director gbnewby@pglaf.org Section 4. Information about Donations to the Project Gutenberg Literary Archive Foundation Project Gutenberg-tm depends upon and cannot survive without wide spread public support and donations to carry out its mission of increasing the number of public domain and licensed works that can be freely distributed in machine readable form accessible by the widest array of equipment including outdated equipment. Many small donations ($1 to $5,000) are particularly important to maintaining tax exempt status with the IRS. The Foundation is committed to complying with the laws regulating charities and charitable donations in all 50 states of the United States. Compliance requirements are not uniform and it takes a considerable effort, much paperwork and many fees to meet and keep up with these requirements. We do not solicit donations in locations where we have not received written confirmation of compliance. To SEND DONATIONS or determine the status of compliance for any particular state visit http://pglaf.org While we cannot and do not solicit contributions from states where we have not met the solicitation requirements, we know of no prohibition against accepting unsolicited donations from donors in such states who approach us with offers to donate. International donations are gratefully accepted, but we cannot make any statements concerning tax treatment of donations received from outside the United States. U.S. laws alone swamp our small staff. Please check the Project Gutenberg Web pages for current donation methods and addresses. Donations are accepted in a number of other ways including checks, online payments and credit card donations. To donate, please visit: http://pglaf.org/donate Section 5. General Information About Project Gutenberg-tm electronic works. Professor Michael S. Hart is the originator of the Project Gutenberg-tm concept of a library of electronic works that could be freely shared with anyone. For thirty years, he produced and distributed Project Gutenberg-tm eBooks with only a loose network of volunteer support. Project Gutenberg-tm eBooks are often created from several printed editions, all of which are confirmed as Public Domain in the U.S. unless a copyright notice is included. Thus, we do not necessarily keep eBooks in compliance with any particular paper edition. Most people start at our Web site which has the main PG search facility: http://www.gutenberg.org This Web site includes information about Project Gutenberg-tm, including how to make donations to the Project Gutenberg Literary Archive Foundation, how to help produce our new eBooks, and how to subscribe to our email newsletter to hear about new eBooks.