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\V
CALENDAR
STATE PAPEES,
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ryoi-iLQ
AMEKICA AND WEST INDIES.
DEC. 1, 1702-1703.
PRKSERVED IN THE
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EDITED BY
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1913,
CONTENTS.
PAGE
COREIGENDA - yi
PREFACE - vii
CALENDAR - 1
GENERAL INDEX - - - - 927
(vi)
CORRIGENDA.
1700.
Page 475, line 4 from top. for May read Aug.
1701.
110, line 3, add, and 5, 1084. No. la.
1702, 1703.
., 96, 12 lines from bottom, for Asher read Usher.
No. 258, line 2, for Quar read Quary.
Page 152, 7 lines from bottom, for Jan 28 read Jan. 21.
,, 155, 13 lines from bottom, for Hodges read Hedges.
' 296, No. 517, for Port read Fort.
,, 321, for No. 536 read 536a.
,, 460, line 12, for Hitchins read Hutchins.
., 482, No. 787, line 2, for preceding read No. 792.
-,, 489, 8 lines from bottom, for "Rome read Romer.
,, 512, last line but one, for 48, read 48a.
,, 549, line 3 from bottom, add, and 5, 1291. pp. 55-58.
,, 579, 16 lines from bottom, for Nicholas read Nicholson.
., 730, line 11, for recommend read recommend.
,, 740, line 29, dele applied.
,, 897, line 3 from bottom, for Governour read Govrs.
( vii )
PREFACE.
In previous volumes the Editor has endeavoured to
provide in his Preface a complete guide to the contents of the
documents calendared. But in order to hasten the process
of making these Colonial Papers accessible to the Public,
he will in future devote only a few pages to the
Preface, calling attention briefly to the main events re-
corded and to the General Reports of the Council of Trade.
The space so saved will be devoted to the printing of
further documents. Mere abstracts and memoranda will
henceforth not be calendared. And, with the beginning
of the year 1704, the Journal of the Council of Trade and
the Sessional Papers of the various Colonies will be omitted
from this series. Arrangements are being made for their
publication in separate form.
the 6 west 1 " ^ ne War which was being conducted with such brilliant
indies. success by Marlborough at home, produced nothing but
inglorious failures in the West Indies. It had been
planned that an expedition under the leadership of the
Earl of Peterborough should destroy the French settle-
ments on Martinique and Guadeloupe, possibly make
a descent upon the Spanish towns on the mainland, and
then deliver a blow against Placentia and the French
fishery in Newfoundland (125, 170, 192, 274). Hungry
eyes, too, were turned upon Havana (193). But the
expedition under Commodore Walker wasted over two
months at Barbados before sailing for the L,eeward Islands,
where Codrington was eagerly waiting with a regiment
he had raised (164, 200). Sickness, desertion, and
the hospitality of the planters (362) had already
played havoc with the naval forces ; to this fact and
Guadeloupe. to this delay, which gave the French time to prepare,
and to call in their privateers, as well as to the lack of
co-operation between the Army and Navy, Codrington
Vlll PREFACE.
attributes the failure of the attempt upon Guadeloupe.
The ships, too, were crazy, frigates lacking, provisions
bad, and the personnel of the Navy reduced and sickly
(230, 289, 362, 1071, 1128). The point of view of
Commodore Walker, which is far from being that of
the General, Codrington, is given in an exceedingly
interesting journal (737).
The effect of the failure of this assault was seen in a
great increase in the French privateers commissioned
from Guadeloupe and Martinique (pp. 571, 617); the
coastwise trade and that of the islands suffered severely,
as Governors and the Council of Trade had foretold ;
90 English prizes had been brought into Martinique by
September (p. 669) ; the Leeward Islands began to dread
invasion by the French (pp. 571, 750, 818).
After the fiasco at Guadeloupe, the expedition passed
in July to Jamaica, where much discontent was caused
Newfound- ^y ^g pressing of inhabitants (p. 791); then proceeded
to Newfoundland. There the settlers were calling for
help and fortifications in dread of French aggression (156).
But when the fleet arrived off Placentia, the season of
the year was already far advanced, and the French had
already thrown reinforcements into the place (1191.1.).
After a Council of War held in St. Mary's Bay, Vice-
Admiral Graydon, who, it is suggested, was " Kirby
inclineable," decided not to deliver an assault (1071, 1128,
1381.1.).
Carolina. Nor, on the mainland, did a daring, perhaps foolhardy,
attempt to secure the Southern frontier of Carolina by
capturing Fort St. Augustine in co-operation with the
Indians, prove, after a more, successful beginning, more
profitable in the end. Spanish men-of-war from Havana
raised the siege of the Fort, and compelled the besiegers
to retreat after burning the town and their own vessels
(303). A raid on the Spanish mines of Sta. Crux d'Cana
had little effect except to annoy the Spaniards (22).
For a future expedition Col. Beckford recommends the
Panama Canal route (p. 24).
raid^ 35 At the end of August a joint-expedition of French and
Spaniards landed in the Bahamas, destroyed the town
of Providence, put the male population to the sword,
PREFACE. IX
and carried off the President (1(798, 1150, 1181, 1223,
1383, p. 751).
Proximus ardet was then the cry upon the mainland.
Col. Quary sent home a comprehensive proposal for the
convoying of trade and the protection of the coasts, which
was soon to bear fruit (1389. ii., p. 734).
Problems Loss and inconvenience were universally experienced
arising from
the war. from the war. Although the correspondence here
calendared is sufficiently voluminous, it would have been
larger had not many letters been captured at sea (996 etc.).
Many questions arose to occupy the attention of ministers
and the Council of Trade questions of Admiralty and
of Commissions for privateers, of the sharing of prize-
money, of embargos and convoys, of dates for the sailing
of merchant ships to suit their convoys and the conflicting
interests of merchants. These matters provide incidentally
a good deal of information as to the movements of ships
and the course of trade. Prolonged waiting for convoys
in tropical seas caused damage from the worm to unlined
timber hulks, whereby many vessels foundered on their
belated voyages home. Outward bound ships sometimes
lay for 6 months in the river. The irregular supply of
commodities from England involved great inconvenience
and high prices in the new countries, which depended
upon the old for manufactured goods and even provisions
(1270, 1275). The Report of the Council of Trade upon
the needed convoys is given (1389.ii.).
Complaints were frequent, both at home and in the
Colonies, as to the evil of pressing, the damage done
thereby to trade and its unsettling effect upon the
Colonists. The relations between Governors and
Commanders of men-of-war continued to give rise to
unpleasantness, as in Jamaica, New York, Virginia and
Maryland. The scarcity of seamen caused a Bill to be
brought into the House of Commons relaxing for the
time being the stringent protective legislation by which
the British Mercantile Marine was being built up (345).
Whilst the exchange of prisoners under flags of truce
gave rise to suspicion of collusive trade with the French
(298 etc.), the Dutch Colonists of Curacoa etc., ignoring
the instructions of the States General, carried on an open
X PREFACE.
trade with the Spaniards (6, 472, p. 572). English traders,
who were strictly forbidden to traffic with Spain (March 20),
were naturally dissatisfied at seeing this profitable business
engrossed by the Dutch and Danes ; but the change in
the political situation, when the Archduke of Austria was
declared King of Spain, gave them relief. In September
orders were despatched by the Secretary of State, Lord
Nottingham, directing Governors to open correspondence
and commerce with the Spaniards, with the object of
detaching them from the French (1088^.).
Naval Taking advantage of the war, the Swedes, as had been
foreseen, availed themselves of their practical monopoly
of naval stores to double the prices of pitch and tar (1185).
The necessity of developing the resources of England in
America became more imperative than ever, and methods
of nursing a trade in naval stores into life by a preferential
tariff for the Colonies were considered. In pursuance of
the policy of former years, many negotiations took place
with a view to forming a Chartered Company for the
supply of these commodities from New England and
Carolina, the Council of Trade insisting upon the insertion
of clauses characteristic of the age, intended to prevent
the possibility of " stock- jobbing " (165).
The Nelson cry for frigates, to protect the Islands and
the coast trade, and the demand for regiments of regulars,
to relieve the intolerable strain of the militia, were heard
from the Massachusetts Bay to the Leeward Islands, but the
Colonists did not prove themselves so ready to combine
for their own defence or to support H.M. forces when
they were sent to defend them.
The Quotas. Governors were ordered to put further pressure upon
the Assemblies to contribute their quotas towards the
defence of the frontiers of New York (540, 720^.). Governor
Nicholson, on a visit to New York, tried to force the hand
of the Virginians by giving bills to L,ord Cornbury for
900/., and Maryland voted, but did not pay, 300/. ; the
other Provinces made no response to Combury's call for
money, nor was a demand for men likely to meet with
better success (860).
Reports The reports of the Council of Trade upon the defences
defences'^ of New York, the Massachusetts Bay and New Hampshire,
the Colonies
PREFACE. XI
with their recommendations, are given (533, 611), and
their general report upon the ships of war required for
the Plantations (1389). Their review of the year's work,
and of the trade and government of the Colonies, referred
to (1390), is printed in full in the Calendar of the MSS.
of the House of Lor%s.
SateriTs 013 ' ^ e long-considered question of making Governors
independent of the presents of the Assemblies was settled
by an Order of Council which fixed their salaries, to be
paid out of H.M. Revenue, except in the case of the
Proprietary and Charter Colonies. Maryland, the Massa-
chusetts Bay, New Jersey and New Hampshire were
urged to grant a fixed and permanent allowance to
their Governors (536, 566).
Coinage. Another matter which had long been under consideration
was the evil arising from the varying rates of foreign coins
in the several Plantations. It was now decided to fix
the value of all such money by royal Proclamation (892,
974, 1299).
An interesting report upon the effect of the Wool
Acts upon Colonial industry is given (1453).
A considerable number of Acts were repealed. The
reasons are given in the reports of the Council of Trade
and the Attorney General, and are usually based on grounds
of incompetent drafting, infringement of the prerogative
of the Crown or interference with the liberty or rights of
the subject, actual or prospective (445). The Board insisted
strongly upon the sending over of Acts for confirmation
without delay, it having been found that Acts, which
were thought likely to be repealed, were held back from
their consideration (1175). This is indicated, also, by
the dates of some of the Acts reported upon in this
volume (1454).
Plantation In view of the complaints which we have seen in former
ace " volumes, a circular letter was addressed to Governors,
exhorting them to see to the prompt and impartial
administration of justice, and recommending the
establishment of Courts to determine small causes (578. i.).
Records Returns of causes heard in the Colonial Courts are
indicated and may provide a fruitful source of investigation
for searchers interested in genealogical matters (1420).
Xll PREFACE.
Sessional f^g sam e care was taken to insure the sending over
Papers not
Gospels. of the Minutes of Councils and Assemblies, but these,
when they did arrive, cannot always be treated as Gospel.
They were often faked by Governors or parties interested,
as the records of Virginia, Barbados and Jamaica in this
volume show, and, without the elucidation of other
correspondence, are frequently unintelligible, or
designedly misleading.
Mail service. Mr. Dummer's new packet-boat service proved regular
and successful beyond expectation, and a further service
for the mainland was considered (376^., p. 238).
Thanks- Thanksgivings were officially proclaimed all over the
Colonies for the successes of H.M. arms in Europe.
Indian In Massachusetts a rising of the Eastern Indians was
ea ' expected in the spring. An Act was passed for listing
every fourth man to be ready to march within 24 hours
(Dec., '02) and scouts and reinforcements were sent upon
alarms to the frontiers (30). Thanks to such precautions
the Indians at first remained quiet beyond hope (315,
460, 739, 969, etc.).
When a small party of Frenchmen from Port Royal
and 200 Cape Sable Indians fell suddenly upon the frontiers
of Maine in August, the garrisons of Wells, Saco, Blackpoint
and Cascobay were able to hold their own till relief came
(1067, 1094). At the latter place the Province galley
arrived in the nick of time. Dudley's account of the
relief reminds one of a very similar scene in Masterman
Ready.
An expedition against Port Royal had been contemplated
in the spring (500). Dudley was now anxious to carry the
war into the enemy's camp and to harass the Indians by
a winter campaign (1198). But the Representatives in
December asked him to abandon this project and even
to reduce the number of soldiers in pay (p. 853, No.
1422).
Nation!. 6 Livingstone, the Secretary for Indian Affairs, made a
report, in accordance with which the Society for
Propagating the Gospel undertook to send two Ministers
to live among the Five Nations, and asked for aid from
the Crown to send more (1018, 1395). Meantime Lord
Combury reported the presence of Jesuit priests at
PREFACE. Xlll
Onnondage, and preparations by the French in Canada
for a raid (1078).
Connecticut. From Connecticut Nicholas Hallam came to lyondon to
seek redress for the grievances of the Mohicans (1353).
island. Other complaints against that Government and Rhode
Island for harbouring deserters, encouraging illegal trade
and refusing to help their neighbours, were repeated by
Cornbury and Dudley (673, p. 524), and efforts to revoke
their Charters were not relaxed. The Attorney General,
however, could not advise that the Government of
Rhode Island had, as was suggested, rendered void their
Charter by their Act for erecting a Court of Admiralty
in 1694 (1348, 1415).
Defences of The g rea t expense of keeping the Province upon a war
setts. footing, and of completing the " good and honorable "
work of the fort on Castle Island (543), gave the Repre-
sentatives of the Massachusetts Bay reasonable excuse
for not contributing their quota to New York, or rebuilding
the fort at Pemaquid, to which they were otherwise little
inclined on account of commercial considerations (518,
p. 409), in spite of repeated pressure from Whitehall (687. i.).
The Governor's application for help from the neighbouring
Governments of Rhode Island and Connecticut in this
crisis met with no response {p. 651, etc.'). The Representa-
tives of Massachusetts were equally unready to allow
their own Government the usual discretion as to sending
help to New York (p. 602). Nor would they contribute to
the repair of the Fort at Piscataway, which New Hampshire
had again been ordered to complete (687. i.).
TheR.epre- No persuasion from Dudley could induce the Repre-
sentatives / * f
and sentatives to obey the Queen's commands and to fix the
salaries. Government salaries (597). Clinging obstinately to the
right of controlling supplies, like their brethren in Jamaica,
they declared that an establishment would be prejudicial
to the people, and contented themselves with voting
utterly inadequate annual allowances to the Governor
and the Judges (940, 953, 1201, pp. 40, 41, 602, 814).
Dudley denounced his Council, coopted by the Representa-
tives, as " Commonwealth men." " Till the Queen will
name her own Council," he says, " the best men in the
Province can have no share in the Government " (p. 691).
xiv PREFACE.
Usher also declares the country to be " for setting up
Commonwealth Government " (p. 919).
New York. Atwood and Weaver arriving from New York made
their defence before the Council of Trade (100, 101, 160,
Lefsierites. I 94 ), Du t their removal from the Council, as well as that
of Staats, Depeyster and Walters, was confirmed. The
sentences on Bayard and Hutchins were reversed, and
Some Acts. ^he Acts, which had been rushed through before Lord
Cornbury's arrival, repealed (100, 102, 224, 249). In
New York, a Bill declaring the illegality of the proceedings
against Bayard and Hutchins was introduced in May (709).
Other Bills, to forbid the distilling of rum and burning
of oyster shells within the city, as being the cause of the
recent outbreak of sickness, reflect the state of medical
knowledge at the time (p. 352). The adjustment of Lord
Lord Bellomont's accounts gave rise to much correspondence
Cornbury s
Partisan- and to a display of partisanship by Cornbury, who also
found means to detain Capt. Nanfan in gaol, in connection
with the payment of the Four Companies (290, 295, 383).
The Council of Trade exhorted Lord Cornbury to pursue
a policy of moderation, and expressed their surprise at
his having reappointed Honan Secretary of the Province
(249, 347).
Defences. Cornbury took in hand the repair of the fortifications
on the frontiers, and the regulation of the Militia (861),
and persuaded the Assembly to vote 1 ,500/. for the building
of two batteries to protect the Narrows of the harbour
Batteries, against a threatened attack by the French (571, 726).
The Assembly insisted that the money should be devoted
exclusively to this purpose, and at the same time petitioned
the Crown for. aid (748, 822).
New jersey. Lord Cornbury visited the newly constituted Province
of Nova Csesaria, or New Jersey, in the spring, and
proceeded to settle the Courts,- and also the Militia, much
to the annoyance of the Quakers, who were, however, he
declared, in the minority. The land-owning qualification
of the electorate and Assembly, said to be a contrivance
of the Scotch party, also gave rise to dissatisfaction
(pp. 301, 644). When the new Assembly met, the result
of what Col. Quary describes as an unjust election was that
the Scotch of East Jersey and the Quakers of West Jersey
PREFACE. XV
were found to be in a majority (1400). The major part
were Proprietors, and a Bill was passed to secure the
territorial rights of the Proprietors ; it affirmed their
title not only to New Jersey, but also to Staten
Island, which had been declared to belong to New
York.
All royalties were assigned to the Proprietors, whilst
the claims of those who held under grants from Col.
Nicholls were denied. Unimproved lands the estates of
the " topping " Proprietors were exempted from taxation,
and thus the whole burden was thrown upon small farmers
and freeholders of a few acres.
In order to induce the Governor to pass this measure
a money-bill was tacked to it providing a year's revenue
for the Government. A Bill for altering the qualification
of voters and representatives, so as to do away with the
landowners' monopoly, was also introduced (1285). Corn-
bury, seeing that the Assembly would settle no Revenue
unless the Proprietors' Bill was passed, adjourned them
till May, the sole fruit of the Session being a short
Act to forbid the purchasing of lands from the Indians
without a licence from ,the government (1386). Col.
Quary's account of these proceedings and of his own share
in them, and his pertinent criticisms of the Bill are given
(1400), but Lord Cornbury's own despatch on the subject
was not written till the January of next year (1704).
In spite of some opposition, of which Major Vaughan
was the mouthpiece, John Usher was re-appointed
N^w Ham P- lieutenant Q ovemor o f N ew Hampshire in the room of
William Partridge, removed (300, 309, 614, 715, 789).
Lt. Governorupon his arrival in October, he reported that the defences
of the Province were in a miserable condition (1225), but
in response to pressure from Whitehall a sum, large in
proportion to the resources of the country, was voted
towards reconstructing the Fort at Piscataway (315, 611,
687. i., 1365). Usher naturally found himself in antagonism
to Partridge and Waldron, and he complains, in letters
written in a characteristically cryptic style, that his
reception " had the ceremony of a funeral posture," and
that Partridge and the party opposed to Crown government
really continued to hold the reins of power (1425^.). An
XVI PREFACE.
inquiry was instituted into the public accounts of past
years (1365), and the Governor, Dudley, on visiting the
Province, inquired into the cases of George Jeffrey and
Sampson Sheafe (996. i.). Orders were given for the
permanent fixing of the salaries of the Governor and
Lieutenant Governor (601). There was some friction
between Usher and Dudley as to granting Commissions
(1425^.). The former dissolved the Assembly in December
and explains that he did so before the latter' s instructions
to the contrary reached him (p. 917).
claim of f he Attorney General stated his opinion that the title
Samuel J
Aiien. of Samuel Allen to the " waste lands " was good (65, 66,
68, 257, 265, 501), and directions were given that, in the
event of a trial, the matters of fact should be specially
found (580). But two Acts passed there gave the claimant
cause to protest that they were intended to prevent the
vindication of his rights (1414).
Pennsyi- William Penn at long last gave his answer to the four
queries which he had been deferring since May, 1702.
The Council of Trade were by no means satisfied, but
accepting it for the present, pressed him again, and this
time successfully, for the declaration required of him,
that H.M. approbation of Col. Hamilton as his Deputy
Governor of Pennsylvania should not be construed as
an acknowledgment of Penn's claim to the government
of the Three Lower Counties " those dear bought county s "
as he calls them, signing the declaration with a groan still
audible, " that 20,000/. will not reprize me " (3,9, 24. ii.).
By an Order of Council soon afterwards, all officials,
judges, etc., and " all persons who in England are obliged
and are willing to take an oath in any public or judicial
proceeding," were required to take the oath or the
affirmation allowed to Quakers (218, 219).
Penn offers The Council of Trade continued to press Penn upon
Govern 8 -" ^"the subject of illegal trade and the Admiralty Courts in
ment. Pennsylvania (256). At length he offered to surrender
the Government to the Crown " upon a reasonable
satisfaction . . . saving some few privileges" (677). But
these "few privileges," when they were formulated (837),
appeared to the Board to involve an increase of power
rather than a resignation (864).
PREFACE. XVII
Meantime the Government of Pennsylvania was being
thrown into chaos by the withdrawal of the Three Lower
Counties (950), by the delay in obtaining H.M. approval
of Col. Hamilton as Deputy Governor, by his death, and
by the charters which Penn was said to have granted in
his haste in order to embarrass his successors (16, 858). The
scruples of the Friends as to taking oaths or abjurations
(HSO.iii.) led to frequent difficulties in the Courts. The
Church party were loud in their dissatisfaction with the
verdicts of unsworn juries. All these difficulties were
fomented and exaggerated for party purposes, as Penn
explains (1407), and served as an excuse for insisting upon
the government being resumed to the Crown.
John Evans, j o hn Evans was appointed Lieutenant Governor in
Lieutenant J
Governor, place of Hamilton (884), and Mr. Mompesson Judge of the
Admiralty in place of Col. Quary, although his opinion
that Admiralty cases ought to be tried by juries (950)
was regarded at home as " entirely destructive of legal
trade " (1180). The conscientious objection of the Friends
to bearing arms left the Province in a parlous state of
defence.
Maryland. Col. John Seymour was appointed to the Government
Governor, of Maryland in January (160). Before he arrived, that
Province was invaded by an " insolent Quaker " from
Pennsylvania who dared to preach down the doctrines of
the Church (1190).
Coi. Quary, Col. Quary^ succeeded Ed ward Randolph as Surveyor
General. General of the Customs. His reports cover a wide field
and are full of information. Visiting Virginia, he reports
that it is in a high state of prosperity, to which lists
of tithables also bear witness (1176.xii.). He praises
the new Capitol, the Militia, and the Governor. He is,
however, a mere echo of Col. Nicholson, and his defence
of the Governor foreshadows the charges which were soon
to be brought against him by " some uneasy, factious
and turbulent spirits " (16, 1150, p. 732).
Revisaiof The Revisal of the Laws was completed (481), and the
the Laws. r, ,.. _ , ,
becretary, Mr. Jennings, was sent home to give an account
of them and of the Province (1176).
the fl Quota. The Burgesses turned a deaf ear to the Governor's
repeated exhortations to contribute their quota towards
Wt. 27041. C 6
XV111 PREFACE.
the defence of New York (481), for reasons given in an
Address to the Queen (557-559, etc.'). The Assembly
plunged into a quarrel with the Council over the holding
of conferences between the two Houses (531, etc.}.
Proposed On a visit to Lord Cornbury, Nicholson discussed a
Canada proposed invasion of Canada (p. 568). The French were
rumoured to be settling in California (p. 849).
Barbados. The new Governor did not arrive in Barbados till May.
In his absence the Assembly fell to squabbling with the
President and Council, a squabble which issued in wordy
warfare and left but little time for attending to the business
of quartering troops or fitting out vessels to protect
commerce (4, 83, 209, 248, 678). Malcontents, by
absenting themselves from the Assembly, paralysed public
business. Sir Bevil Granville found the fortifications
dilapidated and the Island very sickly (787, 831). The
list of Militia (1223 .iii.) shows a serious decrease.
Governor From the Leeward Islands, Codrington had made repeated
superseded, applications for furlough in past years. After his return,
invalided, from the unsuccessful attempt upon Martinique,
referred to above, his request was granted, and, much to
his chagrin, a new Governor, Sir W. Mathew, was appointed
in his stead (1160, 1421).
Bermuda. The quarrel between the Lieutenant Governor of
Bermuda and Commissioner Larkin reached a climax,
the latter's very questionable conduct giving Capt. Bennett
an excuse for clapping him into gaol (136). " Hurled
betwixt the disconsolate walls " of the prison, Larkin
wrote home his case against the Government of Bermuda
(237). The Lieutenant Governor replied with a dossier
which shows Larkin in no admirable light (1014). The
report of neither party is very complimentary to the
society of the Island. The Council of Trade gave Bennett a
rap on the knuckles for his treatment of H.M. Commissioner,
whom he was ordered to allow to go about his business
(398, 628, 630).
Revenu The Assembly was no more willing than that of Jamaica
or Massachusetts to pass a Revenue Act of indefinite
duration (1142).
Tobago. The project of settling Tobago was again mooted (p. 2).
Jamaica. Col. Handasyde assumed the government of Jamaica
portRl/ai. in Dec., 1702* (22). A month later Port Royal was
PREFACE. XIX
destroyed by fire (128, 161, 280, 289). There is a rumour
of treachery or arson (p. 322). Bills were immediately
rushed through to prevent the re-settling of that ill-starred
town, and to repeat the former endeavour to make Kingston
on the mainland the Capital (228). But, it was urged
with much heat before the Council of Trade by those
interested, these Acts were passed improperly and
The Kings- Kingston was utterly unsuitable as the seat of trade
ton Act. J
and Government. Great mortality amongst the settlers
there lent force to the opposition (1326). Every sixth
man was reported to have died. Whilst the repeal of the
Bill was being clamoured for at home (1179), the Assembly
practically recanted by bringing in an Act to make Port
Royal a port of entry under the name of Port Charles
(1325).
Act for When the Assembly met in January, the Lieutenant
soldier"" 8 Governor recommended to their consideration the passing
of a Revenue Act and an Act for quartering H.M. soldiers
(173). Parties were divided into English new-comers
and Creolians (p. 658), and whilst the House was refusing
to provide adequate quarters for the soldiers or to make
allowances to their officers for quarters and subsistence
(439, 469, 657), the unhappy men who had been sent
to defend them were left to perish in the open. This
state of affairs led the Council of Trade to suggest the
building of barracks etc. and to make other proposals for
their preservation (1149). When, after long delay, a new
Act was passed, the allowance made to officers was shown,
by the test of prices current, to be utterly inadequate (1100).
Revenue The Instructions prepared for Lord Peterborough
were now addressed to the Lieutenant Governor (367);
and Col. Handasyde, in spite of the " perverse tempers
and disunion of the people," had the satisfaction of doing
what none of his predecessors had been able to achieve.
The Revenue Act was not indeed made perpetual, but was
extended for 21 years an alternative which by his private
Instructions Handasyde had been authorised to accept
(1227).
in a the ns Part y feeling ran high in the Assembly. Mr. Totterdell
Assembly. (Calendar, 1701) had returned, and made his influence felt
not only in constant squabbles with the Council, but also
XX PREFACE.
in stormy scenes in the House over the Additional Duty
. . Bill. Several Members, who left the House under protest,
Expulsion '
of Members, were taken into custody and expelled (998, p. 652). The
Assembly, thus reduced, was left without a quorum to
pass any Bills (1048), and refused to admit the same
Members when they were re-elected.
Pressing of Taking the occasion of the repeal of an Act of the Island
Seamen. Qr encoura gi n g privateers and preventing pressing, the
Council of Trade recommended the expression of H.M.
disapproval of these disorders, which was done (1179, 1253 r
1411).
The grievance of the Island as to the pressing of seamen
was investigated by the Privy Council (1254, 1307, 1389.H.).
Taxation of The Home Government also interfered on behalf of
jews. the jews who had been subjected to unfair taxation (446).
Defence. In spite of alarmist rumours of a joint French and
Spanish invasion, Handasyde steadily asserted the ability
of the Island to defend itself. The Colonists, whilst
professing alarm, left the guns and arms sent over by
the Crown untouched and uncared for, to deteriorate in
the open (1347.i.).
Newfound- From those concerned in Newfoundland came several
petitions for help against the French (156, 1332, 1338, 1381,
etc.}. But the officer commanding at St. Johns discouraged
the idea of fortifying Trinity Harbour or Conception Bay
(783, 1342). The fishery and trade suffered very severely
from the war (1332). One result was that a small body
of settlers withdrew to an island in Trinity Bay and there
established themselves as a Community with a code of rules
for their guidance (l, 1339, 1342). Owing to a dispute
between the Ordnance and Navy Boards the boom for
St. John's Harbour, ordered last year, remained unfixed
(607). But after a brush with the Lord Treasurer (713),
the Ordnance Office at last despatched an officer to complete
the work (782). Complaints were once more heard of the
evil effects of trading by military officers (1381). Reference
has already been made to the abortive attempt by the
English fleet upon Placentia (p. 1). An account of the
Fishery is given (379. i.).
CECIL HEADLAM.
June, 1913.
COLONIAL PAPEKS.
1702-3.
1702.
[Dec. 1.] 1. Petition of the Inhabitants of Carbonear hi the Bay of
Conception in Newfoundland, to the Queen. Being in daily fear
of the neighbouring French, and those of Canada being near
unto us, who hi the late war did utterly destroy our habitations
and effects by fire, notwithstanding we betook ourselves to a
small island with what little forces we had, and maintained the
same against their vigorous assaults ; we have contributed
towards buying some guns and ammunition to secure us from
our enemies, and one of the Islands in this Bay, which we will
endeavour, under the help of God, to maintaine, tho' to our
great griefs wee are forced to leave our habitations. Pray H.M.
to take this and the preservation of the harbour into consideration.
Signed, Colin Campbell, Tho. Edwards, William Pynne, George
Davies, Robert Pynne, Francis Shepeard, Richard Gattrell,
Henry Goole, Jonathan Webber, Isaac Schoolen. Subscribed,
H.M. is pleased to refer this Petition to the Lords Commissioners
of Trade and Plantations to consider what may be fitly done for
the preservation of the Harbour etc. Signed, C. Hedges. The
whole endorsed, Reed. Read Feb. 17, 170f. 1 p. [C.O. 194, 2.
No. 87 ; and 195, 3. pp. 158, 159.]
Dec. 1. 2. William Popple to Josias Burchet. Forwarding
Whitehall. Lt.-Governor Beckford's views about the health of the fleet etc.
for the information of the Admiralty. [See No. 3.] [C.O. 138,
10. pp. 380, 381.]
Dec. 1.
Whitehall.
3. Journal of Council of Trade and Plantations. Letter to
the Lord Treasurer signed and sent.
Letters from Lt.-Governor Beckford July 20 and 28, and
Aug. 25 and 26 read. Minutes of Council of Jamaica transmitted
were laid before the Board. Upon Col. Beckford's proposal
that the seamen in Admiral Bembow's fleet should not be
changed, ordered that it be signified to Mr. Burchet, to be by
him communicated to H.R.H.'s Council for the Admiralty.
Directions given for communicating other paragraphs to the
Lord Peterborough and to the Earl of Nottingham.
The Secretary acquainted the Board that Mr. Penn had
lately left with him the names of Mr. Paul Docmenique,
Adolf Philips, and Joseph Ormstone as persons proposed by
him to be security for Col. Hamilton's observing the Acts of
Trade etc.
Wt. 27041. H.T. Ltd. 400. 1
COLONIAL PAPERS.
1702.
Mr. Perm's answer to the four Queries sent him in May and
June last, having been brought hither the last night, the same
was laid before the Board and read. Whereupon ordered, that
the Secretary do acquaint Mr. Penn that tho' the Board do not
think his answer altogether satisfactory, yet in order to the
dispatch of this affair they are willing at present to acquiesce
with it. And further to mind him that by H.M. Order in Council
of Nov. 11 he is required to declare under his hand that H.M.
allowance of Col. Hamilton to be his Deputy Governor in
Pennsylvania shall not be construed in any manner to diminish
or set aside H.M. right and title to the three Lower Counties
upon Delaware River ; the performance whereof they expect
and will then forthwith order a letter to be writ for the taking
of security for Col. Hamilton, as has been lately done in other
the like cases.
Dec. 2. Order of Council, Aug. 24, read.
Letter to Lord Nottingham signed.
The Secretary acquainting the Board that Dr. Stringer and
others who solicite the settling of Tobago have desired copies
of the reports formerly made upon that subject, ordered that
the same be given them.
Dec. 3. [Bishop of London attending.] Directions given for preparing
a letter from the Board to the Earl of Nottingham relating to
the clause in the Earl of Peterborough's Instructions, which
mentions the time given to the Assembly of Jamaica for settling
H.M. Revenue in that Island.
Letters and papers, received from the Lord Cornbury Nov. 30,
were laid before the Board. Two of the letters read.
Order of Council, Nov. 26, read. Ordered that a letter be
prepared to Sir Bevil Granville to be communicated to the Council
of that Island in pursuance thereof.
Petition from Gabriel Thomas read.
Representation to H.M. upon a present to Col. Dudley
signed.
The Lord Bishop of London desired the Board when the Acts
of New York and of the Leeward Islands shall come under con-
sideration that they would be mindful of his objections against
the particular Acts mentioned in the Minutes of June 15, as
likewise against the Act relating to clandestine marriages.
[(7.0. 391, 15. pp. 295-308 ; and 391, 96. Nos. 193-195.]
Dec. 1. 4. Minutes of Council in Assembly of Barbados. Alexander
Walker was appointed Chief Judge of the Court of Common
Pleas for the precincts of St. Peters, and Lt.-Col. Bartholomew
Rees Chief Judge of the precincts of St. James.
The Assembly attending, the President addressed them :
We live now under a most happy constitution, in which H.M.
Prerogative is no more than is necessary for the preservation of
the liberties and properties of her subjects and seems to be
effected by Her onely to this end, so that I think we want nothing
but pur own concurrence to make us happy, and it is certainly
the interest as well as the duty of each part of the Government
AMERICA AND WEST INDIES. 3
1702.
and every member of it to express their gratitude to the Queen and
their zeal for the publick good by an unanimous, hearty,
and industrious prosecution of whatever may tend to H.M.
honour and fall in with her gracious designs for the good and welfare
of her subjects etc. In order to which I have frequently (by
the advice of the Council) called you together and often attended
upon your own appointments, but have been very often dis-
appointed either by your not making an house at all, or by your
sudden and unexpected adjournments. We should be very
willing to let everything pass without the least animadversion,
which is only personal, but when the contempts that are thrown
upon us, H.M. President and Council, terminate at last in the
dishonour of the Queen and tend to the disparagement of
her Government and the demenution of her authority, to be
silent would be a fault, and I therefore must desire you to con-
sider the nature of your late transactions and see if they do not
look this way. First, in relation to your proceedings in reference
to the late Act for fitting out ships of war, whether they were
agreable to the obedience and duty you owe to H.M., and in
consequence of that to that deference and respect which myself
and this Board might reasonably have expected from you. You
were pleased to bring us in a long Bill very late, which notwith-
standing we did peruse, being always willing to give a despatch
to the necessary publick affaires, and finding there was a necessity
of making some amendments, we told you we would offer them
to you with all expedition, upon which Mr. Speaker informed us,
as from your whole House, that you were resolved not to admit
of any alteration of one title of the Bill, and if this Board would
not pass it, as it was brought up, you would immediately returne
and dismiss the vessels we were in treaty about for H.M. and the
country's service, and all the bad consequences should lie at
our door, when at the same time we were very sensible (and
cannot believe you could be ignorant, yourselves afterwards
consenting to the amendments), that the Bill could not be passed '
by us as it was presented by you, without very severe and just
reflections both upon our loyalty and understandings, which
we take to be a very inperious treatment, both unbecoming you
to offer and us to receive, and implies you are of opinion wee
sit here as your Ministers, not your superiors in the Government,
but you expect to prescribe to us, not to advise with us, and
require our obedience rather than desire our assent. And when
Mr. Speaker was informed, in terms as mild as his behaviour
would well admit of, that those proceedings seemed to imply an
intention to surprize and impose upon us, he flew out into
indecencys of expression, aggrandizing the Assembly and
degrading H.M. President and Council, telling us that you were
the great Council of this Island, and then by consequence we
must be the lesser ; that you represented all the people of this
Island, but we represented nobody but ourselves. But, how-
ever, Mr. Speaker, we know very well whom we represent, and
though our principles as well as our interests engage us to be
as tender of the people's liberties as you yourselves ought to be,
COLONIAL PAPERS.
1702.
yet we think ourselves obliged in duty and conscience (and so
are you too) to assert H.M. honour, just power and right of
Government, which your late proceedings seem not to be very
consistent with, for your magnifying yourselves above H.M.
Governor and Council looks like a subversion of the Government
or an invasion of the order of it, and strikes at that regular
subordination in the several parts of the Government which
unites them, and is the strength as well as the beauty of our
Constitution. And to this we may add your great presumption
and invasion of H.M. right and prerogative in taking up, manning
and equipping several vessels of war and appointing officers to com-
mand them, by a Committee of our [sic] own House without
even so much as acquainting me with it, and exclusive to all the
Members of the Council, a presumption not to be paralleled
under a lawful Government since the first settlement of this
Island.
I come now to represent to you wherein I apprehend you have
fallen short in your zeal for the welfare of the people whom you
represent, and that in general is either your failing the appoint-
ment of your meetings, [or], when you are met, your want of
patience to stay so long together till the necessary affairs of the
Island be dispatched. Refers to recent instances of their sudden
adjournments as shewing " the little disposition you have for the
service of your country, and not only a great disrespect and
contempt of myself and this Board, but to be very inconsistent
with that duty and obedience you owe to H.M." etc.
Then the President desired them to take some effectual care
to raise money for paying the men that were taken up in the
country's service, at their return from their cruise, as was promised
them, that the credit of the country might not suffer ; also to
provide for the reception of the Governor, who is daily expected,
(and likewise that the Earl of Peterborough, Governor of Jamaica,
who is expected to touch at this Island) might be entertained
as is fit for a person of that quality. Then he delivered to them
the letters that came by the last pacquet, that they might take
care and provide what is required by them, except that letter
relating to a design on the French Islands with order to keep
the same secret, this Board being of opinion that it might be an
occasion of making that design too publick, and therefore the
President was desired to keep it private till the arrival of the
Fleet. [C.O. 31, 6. pp. 310-320.]
Dec. 1. 5. Journal of Assembly of Barbados. The House met by
special summons from the President. See preceding abstract.
Letters from the Earl of Nottingham (May 21 and June 5 and
Sept. 3) laid before the Assembly. Also one from Mr. Dummer,
Portsmouth, Oct. 12, 1702;
" H.M. having been pleased to countenance my proposal for
a correspondence to the Island Plantations etc. you will appre-
hend by the enclosed print that there are four [vessels], which
are designed to succeed each other monthly, that their motions
are determined to be very quick, because thereon depends the
AMERICA AND WEST INDIES. 5
1702.
chief fruit that is to be reaped. Recommends to their care the
Captain ' of this the first vessel that begins the intended corres-
pondence.' "
Committee appointed to draw an answer to the charge of the
President and Council made when the Assembly last waited on them.
Resolved, that a levy of 3s. \\d. on negroes per head
be laid on all owners or possessors of slaves ; that all overseers
who have 801. per annum be assessed ; that the whole Nation
of the Jews pay 450Z. sterl. ; that the inhabitants of St. Michael's
Town pay 940Z. sterl. for their houses, trade and personal estates ;
that the numbers of negroes be given in before the Representatives
in 20 days after the publication of this Act, and the List be given
into the Treasurer in 5 days afterwards ; that every person
who shall advance money for the uses of the Act in 50 days after
publication, shall be allowed after the rate of 12 per cent, per
annum, and all who make prompt payments of their levys within
the time aforesaid shall be allowed 12 per cent. Resolved,
that the money raised by such Acts be for the payment of the
arms and ammunition sent for by Col. Peers and Wm. Heysham
at the request of the Assembly ; for the expenses of fitting out
vessels of war lately employed in the country's service ; for
payment of the Agents in England their salaries and arrears ;
for payment of debts due from the publick upon the importation
of servants, and for discharging any other of the publicque
debts.
Petition of Charles Thomas, for payment for the brigantine
Madeira, lost in the country's service, granted.
Petition of the mariners of the Seaflower sloop of war, con-
cerning the maintenance of Spanish prisoners, referred to a
Committee.
Wm. Heysham was granted a drawback on 16 pipes of Madeira
wine turned sour.
The House adjourned for three weeks. [C.O. 31, 7. pp. 2-13.]
Dec. 2. 6. Council of Trade and Plantations to the Earl of Nottingham.
Whitehall. Having lately received a letter from Col. Beckford signifying
that the Dutch from Curagoa drive a constant trade with the
Spaniards, as if there were no war ; and that they supply the
Spaniards as well with ammunition as provisions, we propose
that directions may be given to H.M. Minister at the Hague
to make application to the States General, that their subjects
be strictly forbid to send any ammunition to the Spaniards
during this time of war ; and that H.M. would be pleased to
direct letters to be writ to the respective Governors of all her
Plantations in America that they do not send ammunition of
any kind to any place whatsoever not belonging to her Majesty.
Signed, Weymouth, Dartmouth, Ph. Meadows, Wm. Blathwayt,
John Pollexfen, Mat. Prior. 1 p. [C.O. 5, 3. No. 6; and
138, 10. p. 392.]
[Dec. 3.] 7. Gabriel Thomas to the Council of Trade and Plantations.
William Penn and his Stewards did oppress the inhabitants of
COLONIAL PAPERS.
1702.
the territories of Pennsylvania by taking their cattle for the
quit-rents twice the value of what they owed, without giving
them any satisfaction or manifestation of their power so to do,
neither would Penn let them see his deeds, nor let them know
where the line that divided between the said territories, Mariland
and his own Province, was, with many other intolerable
oppressions, which occasioned them to forsake the territories
that belongs to the Crown and go to Perm's own Province and
West New Jersey, where no tobacco is made, which is to the
Crown's loss at least 20,OOOZ. per annum, as petitioner and
Col. Quary computed, and appears by petitioner's former petitions.
Thereupon petitioner was summoned by Col. Quary to appear
on evidence for the Crown against Penn, which has reduced him
to a very low, poor, and distressed condition, not only like to
loose his land and wages, but also threatened to be thrown into
gaol and continue there during his life, unless prevented by
your Lordships. Penn by his answer doth not deny anything
that Petitioner laid to his charge concerning the Crown's damage.
Therefore prays your Lordships to relieve your poor petitioner
and free the Planters from such oppressions by some ways as
your Lordships shall see most meet. Endorsed, Reed. Read
Dec. 3, 1702. f p. [C.O. 5, 1262. No. 7.]
Dec. 3. 8. Council of Trade and Plantations to the Queen. Recom-
Whitehaii. mend that Governor Dudley may have leave to receive the present
of 2501. voted to him by the Assembly of New Hampshire. Signed,
Weymouth, Dartmouth, Ph. Meadows, Wm. Blathwayt, John
Pollexfen, Mat. Prior. [C.O. 5, 910. pp. 302, 303.]
Dec. 4. 9. William Penn to [? the Council of Trade and Plantations].
[i Xber.] Honble. Friends, I have sign'd a paper that I hope will please
you, and can signe no others without signeing away those dear
bought countys that 20,OOOZ. will not reprize me, as well in soyl
as Govert. I begg your favour in my dispatch, and that I may
have three coppys sign'd of the Queen's approbation, to keep
one and send two by several ways of conveyance, I am, without
leggs, but with great respect, your faithfull Friend to serve you
to my power. Signed, Wm. Penn. Holograph. 2 pp.
Enclosed,
9. i. Declaration of William Penn. 4th Xber, 1702. I do
hereby declare and promise I will take no advantage of
the Queen's Royall approbation of my Deputy Governour,
Col. Andrew Hamilton, for one year, to elude or dimmish
her pretensions or claime of Right to the Government
of the Lower Counties upon Delaware, now under the
administration of the said Hamilton in conjunction
with the Province of Pennsylvania. Signed, Wm. Penn.
Endorsed, Reed. Read Dec. 8, 1702. Copy. 1 p.
[C.O. 5, 1262. Nos. 8, 8i.]
Dec. 4. 10. William Atwood to the Council of Trade and Plantations.
Notwithstanding the late Act of Parliament and H.M. Proclamation
AMERICA AND WEST INDIES. 7
1702.
for continuing persons in their offices, Lord Cornbury within
three months of H.M. decease, suspended William Atwood from
all his offices in New York upon articles exhibited against him
by men who unreasonably thought themselves agrieved by his
judgments in the Supreme Court or Court of Admiralty, a copy
of which Articles he often promised Atwood, who was ready to
justify himself upon every one of them, tho' they were chiefly
of matters not within his Lordship's cognizance, yet he first
pronounced a suspension, and then delivered a copy of the
Articles, and after that directed examinations to support them
to be taken before Atwood's enemies. To colour which
proceedings he has sent your Lordships' papers filled with all
that could be suggested by ill men who have justly incurred
forfeitures. Prays far copies thereof. Signed, Atwood. Endorsed,
Reed. Read Dec. 3 [sic], 1702. Holograph. 2 pp. [C.O. 5, 1047.
No. 79.]
Dec. 4. 11. Council of Trade and Plantations to the Earl of
Whitehall. Nottingham. In a clause of the Instructions for H.M. Governor
of Jamaica relating to the settling of the public Revenue of
that Island, there being time allowed to the Assembly until
March for passing and offering to H.M. such Act for settling
the Revenue as might be fit to receive H.M. Royal approbation,
but the Governor not being yet dispatched, we look upon that
time as too short, and offer our opinion to your Lordship that
in the Instructions now to be given to the Earl of Peterborough,
the time may be prolonged until Oct. next. Signed, Dartmouth,
Ph. Meadows, John Pollexfen, Mat. Prior. [C.O. 138, 10. p. 394.]
Dec. 4. 12. Journal of Council of Trade and Plantations. Letter
to the Earl of Nottingham signed.
Gabriel Thomas pressing for some report upon his differences
with Mr. Perm, which their Lordships did not find proper for
them to make, ordered that copies be taken of any of his papers
that he desires to have returned to him, and the original returned
to him.
Memorial from Mr. Atwood read.
Letter from Lord Cornbury, Sept. 27, with the Address of the
Inhabitants of New York to his late Majesty and an Address
to the House of Commons, both dated Dec. 30, 1701, and referred
to in the said letter as being the original Addresses for which
Col. Bayard and others were condemned at New York, were
read. [C.O. 391, 15. pp. 308, 309 ; and 391, 96. No. 196.]
Dec. 4. 1 3. Minutes of Council of the Massachusetts Bay. H.E.
Boston, acquainted the Board that he intended to set out the next week on
a journey to Piscataquaj and that he would notify the Indians of
his being there, and get opportunity of seeing and speaking
with some of the principal of them, to hold them still in the
English interests. And proposed that some of the Council would
give him then- company.
8 COLONIAL PAPERS.
1702.
201. paid to James Robe for carrying letters to Nova Scotia
last spring.
Warrants issued for various salaries.
74Z. 13s. paid to Mr. Treasurer Taylor, in addition to the 251.
he hath already received, in full of his accompt of charges and
disbursements expended in endeavouring to find the line of
division between this Province and the Colony of Connecticot
and for his service in the preparation of Instruments.
61. paid to John Phillips, Perm Townsend, Nathaniel Byfield
and John Nelson for their service in managing a Treaty with
the Eastern Indians, 1701.
41., over and above what was allowed for their expenses, paid
to John Hathorne, Daniel Peirce, James Converse, James Coffin,
Capt. Edwd. Brattle and John White, the Committee that waited
on H.E. to Pemaquid.
201. paid to Capt. Henry Crofts, H.M.S. Gosport, for his enter-
tainment of H.E. and the gentlemen that waited on him in his
late voyage to Pemaquid, and 61. to John Watson, Purser of
H.M.S. Gosport, for his extraordinary expenses in wood, candle etc.
11. 14s. paid to Alexander Bogle for 17 days labour hi building
a fortification at Worcester by order of authority in the time
of Sir Edmund Andros.
40s. paid to Henry Flint, the first Fellow of the College, for
his attendance as Chaplain to H.E., Council and Representatives
during the Session of General Assembly at Cambridge.
121. paid to the Rev. Samuel Willard, Vice-Precident of Harvard
College, for his service in the said office, and more than ordinary
expence in attending the same, from Sept. 6, 1701 Nov. 6, 1702.
351. each paid to Thomas Brattle and Capt. Timothy Clarke
of the Committee for the Fortifications making on Castle Island,
for their service.
4Z. 3s. 4td. paid to Nicholas Boone, of Boston, for 100 books
of the last Election Sermon of the Rev. Mr. Increase Mather,
which he printed according to order.
4Z. 10s. paid to Joseph Beane, Interpreter for the Indians at
H.M. Fort at Saco, to complete the payment for his cure of a
wound received in the service. [C.O. 5, 789. pp. 472-474.]
Dec. 5. 1 4. Mr. Wharton to Mr. Popple. Enclosing draft of a Patent
to be laid before the Council of Trade and Plantations. Signed,
Wm. Wharton. Endorsed, Reed. 6th, Read Dec. 16, 1702.
1 p. Annexed,
14. i. Note [? by William Popple] that the Draught of the
Charter referred to was returned to Mr. Wharton, Jan. 8,
170|, with the addition of certain clauses etc. 1J pp.
14. ii. Draft of a Charter for importing Naval Stores, referred
to in preceding. With amendments. 17 large pp.
[C.O. 5, 862. Nos. 137, 137 i, ii ; and (wthout
enclosures) 5, 910. p. 303.]
Dec. 5. 15. J. Moore to [? the Council of Trade and Plantations].
Philadelphia. I have sent a copy of one of Mr. Penn's Charters to this City
AMERICA AND WEST INDIES. 9
1702.
(all I can come at), tho' two others were passed at his departure,
wherein he has been very liberal in point of Government. Refers
to the " hardships for near five years undergone in the trusts
committed to mee without either salary or reward." Signed,
J. Moore. Endorsed, Reed. Read Feb. 4, 1702 (1703). Holograph.
1 p. Enclosed,
15. i. Copy of the Charter of the City of Philadelphia, granted
by William Perm, Philadelphia, Oct. 25, 1701. I do
by these presents erect the Town and Burrough of
Philadelphia into a City, which shall extend the limits
and bounds as it is laid out between Dellaware and
Skoolkill, and I doe for me, my heirs and assigns, grant
and ordain that the streets of the said City shall for
ever continue as they are now laid out and regulated,
and that the ends of each street extending into the
River Delaware shall bee and continue free for the
use and service of the said City and the Inhabitants
thereof, who may improve the same for the best
advantage of the City, and build wharfs so farr out
into the River there as the Mayor, Aldermen, and
Common Council shall see meet. And I do nominate
Edward Shippen to be the present Mayor and Thomas
Story to be present Recorder, and Thomas Farmar to
be present Sheriffe, and Robert Asheton to be present
Town Clerk and Clerk of the Peace and Clerk of the
Court or Courts, and Joshua Carpenter, Griffith Jones,
Anthony Morris, Joseph Wilcox, Nathan Stanbury,
Charles Read, Thomas Masters and William Carter,
citizens of the said City, to be the present Aldermen ;
and John Parsons, William Hudson, William Lee,
Nehemiah Allen, Thomas Paschall, John Budd, jr.,
Edward Smoutt, Samuel Bulkeley, James Atkinson,
Penticost Teauge, Francis Cooke and Henry Baddcock
to be the present 12 Common Councillmen. And I
doe grant and declare that the said Mayor, Recorder,
Aldermen, and Common Councillmen and their successors
for ever shall be one body corporate and politick hi deed
and by the name of Mayor and Commonalty of
Philadelphia, able and capable in Law to have, get,
receive and possess lands, tenements, rents etc. etc.
and to give, grant, let, set them etc. ; able and capable
in Law to sue or be sued etc. in all manner of actions
etc. ; to use one Common Seal for the sealing of all the
businesses touching the said Corporation. And I doe
for mee, my heirs and successors grant full power and
authority unto the Mayor, Recorder, and Common
Council, or any five or more of the Aldermen and nine
or more of the Common Councilmen, the Mayor and
Recorder for the time being or either of them being
present on the first third day of the week in the eighth
month yearly for ever hereafter publickly to meet at a
convenient roome or place within the said City to be by
10 COLONIAL PAPERS.
1702.
them appointed, and then and there nominate, elect
and chuse one of the Aldermen to be the Mayor for
that ensuing year, and also to add to the number of
Aldermen and Common Councillmen, such and so
many of those that by vertue of these presents shall be
admitted freemen of the said City from time to time
as they shall see occasion ; and that such person who shall
be so elected Mayor shall within three days next after
such election be presented before the Governor of this
Province or his Deputy and shall subscribe the
Declarations and profession of his Christian belief accord-
ing to the late Act of Parliament, 1st William III, and
then and there the Mayor so presented shall make his
solemn affirmation and engagement for the due
execution of his office ; and the Recorder, Sheriffe,
Aldermen, and Common Councillmen and all other
officers of the City before they shall be admitted to
execute their respective offices, shall make and subscribe
the said Declarations and profession before the Mayor,
and at the same time shall be attested for the due
execution of their offices respectively. The Mayor,
Recorder, and Aldermen for the time being shall be
Justices of the Peace and Justices of Oyer and Terminer,
and they or any four of them, whereof the Mayor and
Recorder shall be two, shall have power to hear and
enquire into all manner of treasons, murder, man-
slaughter and all manner of felonies and other crimes
and offences, capital and criminal whatsoever, according
to the Laws of this Province and of the Kingdom of
England, with power also to hear and determine all
petty larcenys, routs, riots, unlawful assemblies, and
to try and punish all persons that shall be convicted
for drunkenness, swearing, scolding, breaking the peace
or such-like offences, which are by the Laws of this
Province to be punished by fine, imprisonment or
whipping, with power also to award process against
rioters and breakers of the peace, and to bind them and
all other offenders and persons of evil fame to the peace
or good behaviour as any Justice or Justices of the
Peace can do, without being accountable to me or my
heirs for any fines or amercements to be imposed for
the said offences. And do hereby impower them,
or any four of them, whereof the Mayor and Recorder
shall be two, with the City Sheriffe and Town Clerk
to hold and keep a Court of Record quarterly, or oftener,
for hearing and determining of the pleas and matters
aforesaid, and upon their own view, or after a legal
procedure in some of those Courts, to cause all nuisances
and encroachments in the streets of the City to be
removed, and punish the parties concerned, as the
Law and usage shall require. They shall be Justices
of the Peace also of the County Courts. They may, when
AMERICA AND WEST INDIES. 11
1702.
they see occasion, erect a gaol and Court-house within
the City. The Mayor and Recorder shall have power
to take recognizance of debts. The Mayor from time
to time to appoint the Clerk of the Market, who shall
have assize of bread, wine, beer, wood and other things.
And I will that the Coroners to be chosen by the County
of Philadelphia shall be the Coroner of the City and
liberties thereof, but that the Freemen and Inhabitants
of the City, as often as occasion be, have equal liberty
with the Inhabitants of the County to recommend or
chuse persons to serve in the respective capacities of
Coroner and Sheriffs for the County of Philadelphia,
who shall reside within the said City, and that the
Sheriffe of the City and County shall be the water-
bayliffe, who shall and may execute and perform all
things belonging to the office [of] water-bayliffe upon
Dallaware River and all other navigable Rivers and
Creeks within this Province. In case the Mayor mis-
behave himself or misgovern, I hereby impower the
Recorder, Aldermen, and Common Councillmen, or
five of the Aldermen and nine of the Council to remove him
from his office, and in case of the death of the Mayor,
then another fit person shall within four days next
after such death or removal be chosen as above directed.
And least there should be a failure of Justice or Govern-
ment in such interval, the eldest Alderman shall take
upon him the office of Mayor till another be chosen ;
and in case of his disability, then the next in seniority.
In case the Recorder or any of the Aldermen or
Councillmen, Constables, or Clerk of the Market shall
misbehave, they shall similiarly be removed and others
chosen hi their stead. In case a citizen be chosen
Mayor, Alderman, or Common Councillman and refuse
to serve, the Mayor, Recorder, Aldermen, and Common
Councillmen, or major part of them, may impose a fine
not exceeding 40Z. for Mayors, 351. for Aldermen, and
201. for Common Councillmen, and chuse others instead.
The Mayor, Recorder and one of the Aldermen may
from time to time summon a Common Council. No
assembly or meeting of the citizens shall be deemed a
Common Council unless the Mayor and Recorder and
at least three Aldermen and nine Common Councillmen
be present. The Mayor, Recorder, Aldermen, and
Common Council, at then* Common Council, shall have
power to admit such and so many Freemen into their
Corporation as they shall think fit ; and they may
make such and so many good reasonable Laws,
Ordinances and Constitutions (not repugnant to the
Laws of England and this Government) as to the greatest
part of them at such Common Councils assembled shall
seem necessary and convenient, the said Laws etc. to be
put in execution by the proper officers of the City ;
12 COLONIAL PAPERS.
1702.
and at their pleasure to revoke, alter and make anew
as occasion shall require, and also impose such mulcts
and amercements upon the breakers of such Laws etc.
as to them shall be thought reasonable ; all such fines
etc. to be levied to the use of the Corporation without
rendering any account thereof to me, my heirs and
successors, with power to the Common Council to
mitigate or release them, upon the submission of the
parties, provided always that no person hereafter shall
have right of electing or being elected by virtue of
these presents to any office or place, judicial or minis-
terial, nor shall be admitted freemen of the City unless
they be free denizens of this Province and are of the age
of 21 years or upwards, and are inhabitants of the City,
and have an estate of inheritance or freehold therein
or are worth 501. in money or other stock, and have
been resident in the City for the space of two years,
or shall purchase their freedom of the Mayor and Com-
monalty. The Mayor and Commonalty may hold
two market-days a week, on the 4th and 7th day of the
week, and two fairs a year, beginning on the 16th of the
3rd month called May, in and about the market-place, and
the 16th of the 9th month, for three days each. And
I doe for me, my heirs and assigns, by vertue of the
King's Letters Patents, constitute the City of Philadelphia
to be a port or harbour for discharge and unlading
of goods upon such keys and wharfs as by the Mayor,
Aldermen, and Common Council shall be thought most
expedient. The said port shall be called the Port of
Philadelphia, and shall extend into all such creeks,
rivers and landing-places within this Province, and
shall have so many wharfs, keys, landing-places and
members belonging thereto for landing and shipping of
goods as the Mayor, Aldermen, and Common Council
for the time being with the approbation of the chief
officer or officers of the King's Customs shall from time
to time think fit to appoint. And I do also ordain
that the landing-places now and heretofore used at
the Penny Pott House and Blew Anchor (saving to all
persons their just and legal rights and property in the
land so to be left open, as also the swamp between
Budd's Buildings and the Society Hill) shall be left
open and common for the use of and service of the said
City and all others with libertie to digg docks and
make harbours for ships and vessels in all or any part
of the said swamp. And I doe hereby grant that all
the vacant land within the bounds and limits of the
said City, shall remain open as a free common of pasture
for the use of the inhabitants of the City until the same
shall be gradually taken in order to build or improve
thereon and not otherwise, provided always that nothing
herein contained shall debar me or my heirs in time
AMERICA AND WEST INDIES. 13
1702.
to come from fencing in all the vacant land that lies
between the Center meeting-house and the Skoolkill,
which I intend shall be divided from the land by me
allotted for Delaware side by a straight line along the
Broad Street from Edward Shippens land throughout
the centre Square to Daniell Peggs Land, nor shall
the fencing and taking in of any of the streets happening
to be within that enclosure on Skoolkill be deemed or
adjudged to be an encroachment, where it shall not
interfere or stop any of the streets or passage leading
to any of the houses built or to be built on that side,
anything herein contained to the contrary notwith-
standing. And I doe grant that this present Charter
shall in all Courts of Law and Equity be construed
and taken most favourably and beneficially for the said
Corporation. Signed, Wm. Penn, Philadelphia, Oct. 25,
1701. Copy. 1\ pp. [C.O. 5, 1262. Nos. 9, 9.i;
and (without enclosure) 5, 1290. pp. 297, 298.]
Dec. 7. 16. Robert Quary to the Council of Trade and Plantations.
Pennsylvania. It was the middle of October before I arrived in Virginia. From
thence did immediately send away to Carolina in order to
H.M. commands and service. The time I spent in Virginia
gave me the opportunity to inform myself very nicely
into the affairs of that Government, wch. was never in a more
happy state in all respects then now ; those few factious persons
that did endeavour to perplex the Government, have lately by the
Governor's prudence been so exposed and layd open to the
Assembly and whole Country, that they are become the contempt
of all good people, and the Governor's conduct and justice so
highly approved of, that the whole country doth unanimously
and entirely joyn in all things tending to H.M. service, the defence
and good of the Province. All which is matter of fact, wch. will
appear by the several Addresses etc. Governor Nicholson spent
out of his own pocket more then 5001. in a most splendid
Proclamation of H.M. ; he hath improved the Revenue to a
very great degree ; he found it very much in debt, which he
hath cleared ; he hath almost finished and paid all the Publick
Buildings, and after all there is now more than ten thousand
pounds in Bank, the public taxes never easier or lighter, the
people never better sattisfyed and contented then now. There
is great want of arms and ammunition for the defence of the
country ; the Militia put into the best order of defence they are
capable of, tho' I cannot depart from my former opinion that
the best security and defence of that and the neighbouring
Province is some Naval force.
By letters from Carolina of Sept. 26, I have certain advice
that the Government had all things hi a readiness and prepared
to attack St. Augustine. The methods of their proceedings is
thus : they have prest ten vessels, and have four hundred men
to man them, which are ordered under a Irish Commander to
go to sea and land all the men at the most convenient place
14 COLONIAL PAPERS.
1702.
neer the Fort. At the same time there is 100 more very good
men that goe within land at the head of a great number of
Indians, who are to fall on the town and fort by land as near as
possible at the same time, the methods being agreed on by sign.
I am very well satisfyed the design being thus laid cannot mis-
carry, the consequence of which will be of very great service to
H.M., by removing the ill neighbourhoods of the French and
Spaniards, and securing the South frontiers of the Main. I do
expect to receive by the first the particular success of the action,
which I will dispatch to your Lordships and do hope that the
present Governor of that Province will hasten the welcome news
of their victory to your Lordships.
My next step is Roanoak, which is the north part of Carolina ;
the people are very uneasy and discontented, and do labour
under great difficulty in securing the peace of the country. The
Proprietors have taken no notice of them for above seaven years
past ; there is no settled Militia, nor any foundation of Govern-
ment. The country produces great quantities of provisions and
tobacco. All their market for their tobacco is to New England,
from whence 'tis carried to Newfoundland and other wrong
marketts, to the great ruin of H.M. Revenue and of trade, wch.
mischief cannot be remedied until that part of the Propriety
be joined to H.M. Province of Virginia, then all the tobacco
will go home directly to England, wch. now by a most unreasonable
law made in Virginia they are hindered to ship off from thence.
The Government of Maryland hath for some years very much
encreased in the number of people, in their trade, in the value of
their land and improvements, H.M. Revenue much augmented,
my Lord Baltemore's rents very much advanced, and the people
very easy and satisfied, and all this is on all hands concluded
to proceed from no other course then that Province's being under
the immediate Government and protection of H.M.
I am now come to the Three Lower Counties, where, in
obedience to your Lordships' commands, I did at my arrival at
Newcastle shew them your Lordships' Instructions to me con-
cerning them, then wch. nothing could have proved so great a
satisfaction, especially considering that it came in a juncture
of time when they and the Upper Counties were all in confusions.
The Lt.-Gov. Hambleton [Hamilton] was pleased to summon
them to meet the members of Mr. Perm's Province in Assembly,
not according to the former method, for now the Upper Counties
are chosen and meet by vertue of Mr. Perm's late Grand Charter.
But the writ for the Lower Counties hath no foundation for
their being summoned as an Assembly. However, they appeared,
contrary to the expectation of the Lieut. -Governor and the
Quakers, and have managed themselves so prudently as to lay
the ground of the separation and confusion that must follow
at Mr. Hambleton and the Quakers' own doors, as will appear
from enclosed Addresses etc. The whole management of this
afaire was only a trick [of] Mr. Perm's to find out som culerable
pretence of laying down [? the] Government of the Three Lower
Counties, wch. he had for above 20 years [? swr]ped without
AMERICA AND WEST INDIES. 15
1702.
any Commission, power, or authority derived from the [? Crown]
of England, and in all this time had exercised all the regal power
of Government, as the erecting Courts etc. and did actually
execute several of H.M. subjects without either Judges, jury
or evidences being sworn or quallified according to Law. He
called Assemblys, levied moneA^, and did all other Acts of Govern-
ment, but now finding that your Lordships are pleased to enquire
into these affairs, he is willing to drop the Government of these
Counties, without noyse, which he thinks he hath now effected.
It is very necessary that H.M. Letter may be sent to one of the
gentlemen of the Lower Counties, impowering him to preserve
the peace of the Province, until such time as H.M. hath otherwise
disposed of that Government. I cannot recommend a better
man than Mr. Jasper Yeats, who is a gentleman of the best estate
in that country, a man of sense and good reputation. I have
tried all ways to purchase at any rate attested copies of several
Charters, which he past a very few days before he left this
country, but cannot prevail. They govern the country by
these Charters, and yet are afraid or ashamed to have them
seen. Mr. Perm, as it seems, now having greater assurance of
continuing his Government then he had when he granted these
extravagant Charters, which destroys the very being of Govern-
men, is now endeavouring by his Agents to recall or t>verthrow
his late Charters, but the topping Quakers of this Corporation
are resolved to hold their unbounded power as fast as they can,
so that all things is in a very great confusion. They flatter
themselves that, let what Government will come, they are above
it all, having the choice of all their magistrates and officers, which
cannot be removed by any power or Assembly whatsoever, they
have not only the Government of the City but of the whole
Province to that degree that the country is very uneasy ; what
the consequences will be, time will shew. I thought it had been
Mr. Perm's duty to have laid those Charters before your honble.
Board. The members of the Lower Counties in their Address
set forth that they cannot get copies of them. At my arrival
here I found that Mr. Perm had filled the heads of all his friends
with strange notions of his extraordinary great influence at
Court, and that H.M. was pleased to blame him for not coming
oftener to visit hir, and had given him assurance of continuing
his Government. He hath given full encouragement to his
Corporation to exercise the powers of the Admiralty, so that
H.M. Officers of the Admiralty are but as so many cyphers,
nor doth the Custom-house Officer signify much more. For
instance, in June last came hither a brigantine from Curesaw,
one Butterworth. master, and put on shore a chest of European
goods and East India goods, without certificate or entry of the
said vessel or goods, which the Collector seized, and afterwards
seized the vessel, on board of which was a great quantity of
goods, but was forced from on board the vessel, and on complaint
to a Justice could have no assistance, but the vessel run away
to Road Island and there landed all his goods, and afterwards
had the impudence to return hither again with the briganteen,
16 COLONIAL PAPERS.
1702.
when the Master had stripped off all his rigging, cables, anchors,
sails, and what was valuable, and then left her to the officer to
seize, which he did, and then went to the Lt.-Gov. to have his
assistance to search for the said rigging. The Governor was
pleased to say it was time enough when the vessel was condemned.
In the meantime all was removed and secured. In Sept. last one
Mr. Mulder, of Curesaw, imported into this place to the value of
1,400?. worth of European goods and rann them ashore ; about
June one Stafford arrived here from Curesaw and landed a great
quantity of European goods and East India goods without
certificate or entry, one chest of which was seized and condemned.
I know Mr. Penn will be very angry to have the Religious People
of his Government so much as taxed with encouraging illegal
trade, and perhaps will not so much as know any of these instances,
though his Agent hath received his share of these condemnations.
I am very unwilling to aggravate things beyond the necessity
of my duty, but am very well assured that unless some measures
are taken to prevent illegal trade in this Government, and like-
wise in Connecticutt and Road Island, it will ruin all the honest
trade of America. The merchants of New York, as well as the
Officers of the Customs, did complain to me at my being there
last week, that unless some extraordinary methods are speedily
taken to prevent the illegal trade of these two Northern
Proprietary Governments, it will rum all the trade of these
parts. They have got a way of late to go there directly from
Curesaw and procure false certificates for those goods, and so
carry them into the other Governments, which must be prevented,
else the consequence will be very fatal to the manufactury and
trade of England. In Oct. last there was a sloop bound for
Curesaw in which a merchant of this place designed to go, and
had ordered a tobacco cutter, which is a considerable trade in this
place, to pack him up a considerable quantity of tobacco in
flower-casque, but the merchant's money falling short, was
forced to leave part of the tobacco on the man's hands, wch.
occasioned a suit of Law ; this made the business publick ; after-
wards the sloop alters hir voyage and designed for Jamaica, upon
which they put ashore divers casks, which they said was Indian
corn, but proved evidently to be cutt tobacco, which was seen
by a great many people as it lay on the wharfe ; however, the
officer's eyes were shutt and the sloop is gone her voyage to
Jamaica. Mr. Penn hath made a kinsman of his Naval Officer,
who declare that whatever seizures he makes shall be tried in
the Court of Pleas, of which he is also the Clerk. This liberty
he pretends the Law gives him, although it be contrary to the
very intention of the Act. However, he hath been so good as
his word, for having seized a vessel which traded contrary to
Law, he brings his libel into the Court of Pleas, and there she was
acquitted. So that we have here only the name of a Court of
Admiralty, and as matters are managed by this Government at
present, it will not answer the end. There hath been a great
deal of art and industry used to impose on your Lordships a
second sham Militia to serve a turn. Great pains was taken to
AMERICA AND WEST INDIES. 17
1702.
perswade the people to list themselves, great promises made,
abundance of strong liquor spent and fine speeches, but all
amounted to no more than the gathering together about 30 or 40
men, to compleat web., forces they drained the gaol of some,
borrowed some servants and others, and after all this scandelous
ragged Regiment had not above 6 swords amongst them, no
shews or stockins, and finding themselves exposed and ridiculed,
the Lieut. -Governor was ashamed of his Militia, so they were
dismissed and never appeared since, tho' I expect to find an
account of them in the Oazette, which is the least that Mr. Penn
can doe, to let the world know how formidable a Militia he hath
to defend H.M. good subjects of this Province. I will not trouble
your Lordships with the Quakers' severe threats against me
and all other concerned for H.M. interest, for my own part I
value it not, but the hard usage I met with in England by those
vexatious actions brought against me by Mr. Penn's contrivance,
one of which actions is still depending, doth very much startle
the Queen's Officers, and makes them very unwilling to act,
wch. is improved, by the constant insults and threats of the
Quakers, who endeavour to persuade all men that Mr. Penn is
the chief steersman at the helm of Government in England.
I have lately been to New York, in order to H.M. Service,
which called me to attend on my Lord Cornbury, in order to a
convoy for the vessels laden with provisions which I am ordered
to despatch away to Jamaica for the supplying H.M. forces
designed for that place, which gave me opportunity not only
of observing the present happy state of that Province, but also
its late most miserable condition. No country was ever reduced
to more miserable circumstances than that poor Province was
under the late unhappy Government. Had it continued but
some short time longer, the very nature and being of an English
' Government had been extirpated in all its parts, the trade of it
totally ruined, and deserted by all the English inhabitants, and
so left a prey to the French. A particular account of the bar-
barous and inhuman usage of most of the considerable persons
of that country is a subject fitter for a volume than a short
remark. I will therefore referr that, and proceed to acquaint
your Lordships with the happy change and postures of affairs
since the arrival of H.E., which cannot be better demonstrated
then by the Address of the Assembly and all the Counties of the
Provinces, the vast return and increase of its trade, which was
before quite ruined and decayed, the great joy and satisfaction
which appears in the countenances of all except a few of the
meanest and most despicable of the Dutch, and which is most,
the present happiness of that Government and people appears
by the cheerfulness and readiness of the whole in contributing
towards the support of H.M. Government against the French
and all other H.M. enemies. H.E. hath managed himself with
great prudence and conduct in relation to those fire-brands,
Attwood and Weaver, who have great judgment on them for their
wicked deeds, outlived not only their reputation, justice and
reason, but their great poli ticks and interest too, and have left
02
18 COLONIAL PAPERS.
1702.
such an infamous carracter behind them that can never wear
off. It is the hopes and hearty wishes of all good men that my
Lord Cornbury will quickly be the happy instrument of healing
the breaches and restoring tranquillity to the poor distracted
inhabitants of the Jerseys, who are impatient till my Lord's
Commission comes, that so they may be freed from the tyranny
of the Quakers, who are more inhuman than the Taskmasters
of Egypt, nor are we of this Province without some hopes in
due time by your Lordships' order we may recover the influence
of ELM. grace, favour and protection. I do wholly rely on your
Lordships' favour in relation to the perfecting wt. your Lordships
were pleased to propose to H.M. on my behalf, the payment of
my 300Z. towards the charges and expense of my voyage for
England, wch. is much short of what I am out of pockett. Your
Lordships were pleased to propose that I might be further
impowered and qualified to serve H.M. and your Lordships in
these parts of America. I gave in several memorials in behalf
of Mr. Jno. Moore, H.M. Advocate of the Admiralty, who hath
served now about 5 years without any reward, and in my absence
hath asserted H.M. interest with much courage and zeal. If
something be not done for his encouragement, it will be impossible
for me to keep him steddy. Signed, Robt. Quary. Endorsed,
Reed. 22nd, Read Jan. 27, 1702. 7 pp. Enclosed,
16. i. Abstract of preceding. 2J pp.
16. ii. Memorandum of Address of the Three Lower Counties
to the Board. (No. v. infra.) \ p.
16. iii. Memorandum of several papers relating to the sitting
of an Assembly in Penns} r lvania. (See below.) 4 p.
\_C.O. 323, 3. Nos. 142, 142.i.-iii., 110; and (without
enclosures) 324, 8. pp. 194-211.]
Dec. 7. 17. Memorandum of above Letter from Col. Quary to the
Pennsylvania. Council of Trade and Plantations. J p. Enclosed,
17. i. Minutes of Council in Assembly of Pennsylvania.
Philadelphia, Nov. 19, 1702. Present : Andrew
Hamilton, Lt. -Governor, Edward Shippen, John Guest,
Saml. Carpenter, Wm. Clark, Tho. Story, Caleb Pusey,
and James Logan, Secretary. Ordered, that the Members
of the Three Upper Counties doe give in writing under
their hands. Yea or No, whether they are willing to joyn
to act as an Assembly with the Members of the Three
Lower Counties as they are now respectively chosen.
Answer : We of the Upper Counties viz. Philadelphia,
Chester and Bucks are willing to joyn with the Members
of the Three Lower Counties to act as an Assembly in
a Charterall way, or according to Charter, and not
otherwise. Signed, David Lloyd, John Swift, Wm.
Paxton, Andrew Job, Nich. Pyle, Jo. Bennett, Joseph
Growden, Griffith Jones, Antho. Morris, Jere. Langhorne,
John Warrd. Copy. 1 p.
17. ii. Minutes of Council in Assembly of Pennsylvania.
Nov. 19, 1702. Ordered that, if in response to the
AMERICA AND WEST INDIES. 19
1702.
above question, either or both of the bodies of Repre-
sentatives shall by their answers refuse to joyn with
the other, those who so refuse be desired in writing to
represent to the Governor and Council what methods
they propose for the forming of an Assembly to prevent
the Government suffering for want of one, when affairs
of such importance as have been proposed require
their immediate service. Signed, James Logan,
Secretary. Copy. 1 p.
17. iii. Minutes of Council of Pennsylvania, Nov. 19, 1702.
Ordered that the following question be sent in writing
to the Representatives elected to serve in Assembly
for the Three Lower Counties annexed to Pennsylvania,
now convened at Philadelphia, and that they be desired
to give their answer under their hands also in writing :
Are the Members of the Lower Counties willing or not
to joyn with those of the Province on the foot they
[are] now respectively called ? Copy. 1 p.
17. iv. Answer of the Members of the Three Lower Counties
to the questions of the Governor and Council : Finding
they are called here upon a different foot with those
of the Upper Counties, cannot, if there were no other
obstacle, join with them in legislation, but are chearful
and willing, when warrantably convened, to proceed in
Assembly to answer H.M. commands, and such other
matters of importance as then shall be laid before them,
though they will not presume to direct this Government
in what methods to convene them, they supposing it
not their business, but that of those who have the rule
over them. Signed, Ro. Trench, Richard Halliwell,
Jasper Yeates, Evan Jones, Thomas Sharp, John Footer,
John Hill, Joseph Booth.
17. v. Address of the Members of Assembly for the Three
Lower Counties to the Council of Trade and Plantations.
Philadelphia, Nov. 21, 1702. The Members aforesaid
(all but four, absent by sickness) acknowledge letter
June 25 to Col. Quary, " returning their gratefullest
acknowledgments for your condescension, and beseeching
your Lordships to represent us to H.M. in the number
of dutiful and obedient subjects. The encouragement
given us (whereon we rely) of protection adds new life
to our drooping spirits, who have hitherto bin fed with
the empty promises of Mr. Penn, under the most solemn
assurance that on his return to England to gett us so
established and secured and put us in such a posture,
wee might be less apprehensive of an attack from an
enemy, either by sea or land. But we are now convinced
he has rather put a false gloss on our circumstances,
instead of representing the nakedness of our country,
hourly exposed to the insults of the most inconsiderable
enemy, having neither militia, officer, fortgun, powder
or shott, and in an open Bay, a consideration so
20 COLONIAL PAPERS.
1702.
astonishing will hardly leave room to think of our many
intestine misfortunes. Wee are now summoned by a
writ from the Lieut .-Governor to meet the Members
of the Upper Counties (called the Province) that are
elected by colour of one of the Charters granted by
Mr. Penn to his favourites on his departure, in which
are several clauses destructive to all Government (as
would appear, could we come at a copy to lay before
your Board), and this scheme we are prest to own and
act conjunctly with, otherwise a separation must follow,
which we are well assured was concerted beforehand
and projected as an expedient to throw and drop that
part of the Government Mr. Penn has so slender a
pretention to. The results of this meeting the above
papers will tell. All the tobaccos of the River and
Bay are made in these Counties ; tenn vessels has bin
mostly loaden therewith for England this year, and
much more would be rais'd, would H.M. be pleased
to countenance those that have hitherto laboured under
all the calumnies and depretiating characters the Quakers
could suggest, but to descend to particulars of that
kind is to large a field. We therefore humbly implore
your Lordships to state our condition to H.M., hoping
the Queen will vouchsafe to take us into her immediate
protection (whose reign God prolong)." Signed, Ro.
Trench, Richard Halliwell, Jasper Yeates, Newcastle
County ; Thomas Sharp, Evan Jones, John Foster,
Kent County ; John Hill, Sussex County. Endorsed,
Reed. 22nd, Read Jan. 27, 1702 (1703). Addressed.
2 pp. [C.O. 5, 1262. Nos. 10, 10.i.-v.]
Dec. 7. 1 8. William Penn to [? the Council of Trade and Plantations].
Honble. Friends, I send the enclosed passages, by which you
will have hints of our circumstances in America, which I took
out of three letters lately received. They urge me to beg your
dispatch of the approbation, a ship lyeing in the Downs for the
first winde that presents. The security waits your letter to
make way for it. Signed, Your very respectfull Friend, Wm. Penn.
Endorsed, Reed. 7th. Read Dec. 8, 1702. Holograph. 1 p.
Enclosed,
18. i. Copies of extracts from Letters from Philadelphia to
William Penn. (a) 29th, 5 mo., 1702. Hond. Governor,
By last post a packet arrived with orders directed to
proclaim the War, which was accordingly done, 24th
hist. Upon the occasion given, the Governor, as he
had done also before, [he] recommended to the People
to think of putting themselves in a posture of defence,
and since that issued Commissions for one Company of
Militia and intends to proceed all the Government
over. Those of the hot Church Party oppose it to
their utmost,, because they will have nothing done
that may look with a good, countenance at home ; they
AMERICA AND WEST INDIES. 21
1702.
have done all they can to diswade all from touching
with it, but the Capt., who is one George Lowther,
mustering two days agoe, had a sufficient Company
for the first appearance. Lord Cornbe [sic] is now at
Albany treating with the Indians who come in to him very
slow ; things on that quarter do really appear dark.
I wish we may be in no danger from thence. Harry of
Conostogo was here last week, and is gone up to
Onondagoes, who hath engaged to bring certain advice
how they stand affected.
(6) 13th, 6th mo., 1702. Hond. Governor, Butter-
worth hath brought his brigantine in, the Governor
presses forward his militia, but the Church Party, as
they call themselves, leave no stone unturned to oppose
it ; an Approbation is much wanted, and makes the
Governor very uneasy. About three weeks ago
Edmd. Du Casteel coming from Jamaica fell in with
the French fleet, Lat. 35 or thereabouts, commanded
by Chatau Renault convoying the Plate fleet home ;
there were 36 men-of-war ; the whole fleet in number 56.
Ed. was on board the Admiral and had a pass from
him, assuring him there was no war ; whether the
Admiral knew no better or not, is uncertain ; Edmd.
did not then. Bembo lies still at Jamaica ; they say
he hath dispatched an express home, which is about
them, but it was not publickly known in the West Indies
that any fleet so large was in those parts. I forgot to
mention an intrigue of D. Loyd's and J. Moor's (who
are now most strictly united) to confuse all our Courts
and their proceedings ; that a stop being put to the
administration of Justice, such complaints may be now
sent home as they were upon the convulsions of this
Government, when the King took it into his hands
before ; he is now made by J.M., Col. Quary's Deputy
Judge of the Admiralty, Advocate of the said Court,
and is now at Newcastle upon a trial in it, notwith-
standing his opposition to it before thy arrival
occasioned thee so much trouble. J. Moor is the Queen's
Advocate of the Admiralty and Col. Quary's Deputy
Judge, and he that cried out so much of D. Loyd for
his disrespectful expressions of the late King's Com-
mission to the Officers of the Admiralty, whom I turned
out within 14 days after the order from the Lords to
that effect Justices came to hand [sic], he (J. Moor)
hath thought fit to make his Deputy Advocate, wch.
seems to be without Justice, if not without president,
to the poor subject. I beg your dispatch of the
Approbation for the publick peace and security. 2 pp.
[C.O. 5, 1262. Nos. 11, ll.i. ; and 5, 1290. pp. 262-266.]
Dec. 7. 1 9. Minutes of Council of Jamaica. Governor Thomas
St. Jago de la Handasyd took the oath relating to the Acts of Trade and
22 COLONIAL PAPERS.
1702.
Navigation. He read a letter from H.M., Sept. 7, 1702. " Our
will and pleasure is that forthwith upon receipt hereof you cause
such a number of barracks to be built as may be sufficient to
receive 3,000 men, the same to be placed at greater distances
than they usually are in Europe," which he recommended to the
serious consideration of the Board. The Board unanimously
gave their opinion that it would be impossible to perform H.M.
commands in building of barracks, there being no provision
of a fund made by H.M. for defraying such a considerable expense.
But that all due care shall be taken to provide all conveniences
of House-room that can be got in the towns and places adjacent
for their present reception, not doubting but they will come
provided with tents and hammacoes. Ordered that the Receiver
General pay the 15d. per diem, which was ordered to be paid
to the French and Spanish prisoners, and place what he shall so
pay to account of H.M. Revenue. [C.O. 140, 6. p. 112.]
Dec. 8. 20. Council of Trade and Plantations to Governor Sir Bevill
Whitehall. Granville. Enclosing copies of petitions and Order of Council
[July 9 and Nov. 26], relating to Appeals. All which papers
you are to communicate to H.M. Council of Barbados and together
with them to consider the same, and thereupon to signify to us
what may be the consequences of any such alteration as has
been proposed, and what is the general sense of the inhabitants.
Signed, Win. Blathwayt, Jno. Pollexfen, Mat. Prior, Weymouth,
Dartmouth, Ph. Meadows. [C.O. 29, 8. p. 266.]
Dec. 8. 21 . William Popple to William Penn. Your letters of the
4th and 7th inst. have been laid before the Council of Trade and
Plantations, and upon consideration of your Declaration enclosed
in the first, not finding the same so conformable to H.M. Order in
Council as they conceive it ought to be, their Lordships have
directed me to return it to you, and therewith also to send you
(as I do here enclosed) the form of a Declaration prepared by
themselves in conformity to H.M. said Order, which they desire
you to dispatch accordingly, upon fair large paper ; and I am
further to assure you that upon the receipt thereof they will make
no delay in what remains to be done by them in pursuance of
H.M. aforesaid Order. Annexed,
21. i. Copy of Declaration, as signed by Penn, Dec. 10.
[C.O. 5, 1290. pp. 267, 268.]
Dec. 8. 22. Peter Beckford to [? the Earl of Nottingham]. In
Jamaica, obedience to H.M. Commission, I delivered up the Government
of this Island to Col. Handyside the 4th inst., and hope I shall
deserve H.M. gratious approbation for what I have done whilst
in it. I promised your Lordship an account of our Privateers,
whom we then left on the Isthmus of Darien, designed for the
mines of St. Maries (or Sta. Crux d'Cana), where they were assured
from both Indians and Spaniards of meeting with a considerable
booty, if they could take the mines without being descryed.
Aug. 13, our people to the number of 400 or more landed at the
AMERICA AND WEST INDIES. 23
1702.
Sambles, and were there joined by 50 French straglers, who had
lived amongst the Indians for some time, and about 70 or 80
Indians under the command of one Pedro, a sensible Indian,
who understands English, French and Spanish, and assured our
people they should be joined by more Indians as they march'd
along, and were accordingly by about 150 more. By reason of
the continuate rains and badness of the way (the mountains
being almost inaccessible) they did not get to the mines till the
31st. The Spaniards had got some intelligence of our men's
landing, and had therefore sent advice to the mines, for within
a day and a half's march of the mines our people met with a party
of 11 Spaniards posted to descry us ; an advanced party of ours
fell in with them, killed two, took seaven ; however, two made
their escape to the Towne ; and though we made all the
dilligence that was possible after them, yet they got to the town
about three hours before us, so that the Spaniards, taking alarm,
fled with all their gold, negroes, and whatsoever else they could
carry into the mountains. Some of the Spaniards, to the number
of about 60, had posted themselves in a small kind of a brest
work upon an eminence above the town, but upon the approach
of forty of our men, they quitted their post, flung down their
arms, and made the best of their way into the woods. We had
but one man wounded, though we received their fire ; the
Spaniards were, I suppose, in two much haste to take aim ; how-
ever, our men gave them a volley, kil'd 4 and took about 14,
prisoners, met with some gold, but abundance of rich goods
which they gave a considerable part of to the Indians, for it was
not possible for them to bring it back, their very arms being
luggage enough in such a march. The Indians were very service-
able to our men, both in their march and retreat back. This
town of St. Crux and the mines lye within half a day's march
of St. Maries. These mines are opened up at the foot of a very
steep mountain, the Spaniards having worked it upwards for the
more easy carrying of the water, which discharges itself into a
small valley, begirt all round with mountains. The water seems
all discoloured from the tincture of these or other mines, and
the valley being very flat and swampish renders the place very
unhealthy. Our people worked in the mines about 7 days till
they began to grow sickly, which prevented their attempting of
St. Maries, from whence they might have gone by water to
Panama, the River of St. Maries discharging itself into the South
Sea ; during the time of their stay they workt and wash'd about
100 pound wt. of gold. This gold, my Lord, grows in the hard
solid rocks and generally appears in little sparks, but sometimes
in large stringy veins ; the miners dig the solid rock, pound
and grind it to dust, then wash it. I have sent your Lordship
two pieces, one of the top of the mine, which they term the
Mother of Gold, and the other a small peece of the rock which
has the gold in it, tho' not rich, which will give your Lordship a
better idea than anything I can say. We took about 80 of their
negroes, some of their top miners. It's said that the Spaniards
had above 1,000 negroes at work at this mine, who would all
24 COLONIAL PAPERS.
1702.
have come into us, but were afraid, as well as the Spaniards of
the Indians, who are not used to give them any quarter, and
yet without the aid of these salvages, such a march as our people
went, would not have been judged practicable, for the Spaniards
do affirm that no Christians ever pas'd those mountains before ; but
had they gone the way which I thought they would have taken
they need not have met with half those obstacles, nor would
their march have been near so long ; however, God be praised,
we lost but two men in the expedition, and the Spaniards may
see that we can find the way to their mines, whenever H.M.
commands us, and if ever we visit these mines again my advice
should be to land at Golden Island, and march by way of the
Stocados, a work of but 4 or 5 days to St. Maries, which lyes
within half a day's march of these mines, and then you have no
river to cross but Rio Grande. Or if you land at Orange Bay,
which lies between Chagre and Puerto Bello, you may march to
Panama in 48 hours ; from thence you have the sea to the River
of St. Maries, which will carry you up to the Town of that name ;
but several other ways might be contrived, which I shall be
very ready to acquaint your Lordship with, whenever your
Lordship shall be pleased to lay your commands on, signed,
Pe. Beckford. P.S. I cannot tell whether your Admiral Benbow
may have informed your Lordship of the number of soldiers on
board Ducass' fleet, though I sent him letters taken in a Spanish
pacquet-boat brought in hither by one of our privateers. Ducass
sent 500 soldiers (who were 2,000 in all) to the Havana with 2 sail
of men-of-war, and 500 more with the Vice-King of Mexico, the
Marquis D'Albequerque, to La Vere Crux, with 2 other ships
of war. When he met our Admiral, he had left 4 men-of-war '
and 1,000 soldiers, 500 whereof he has, I suppose, landed at
Carthagena, and sent the other to Chagre. Ducass is now
careening at Carthagena, and his intentions are to go to the
Havana to meet the other ships who are to careen there, where
they will be joyned with some merchant ships ; for the Spaniards
write that when Ducass should arrive, they should be a fleet of
20 sail, intended immediately on their conjunction for Europe.
Signed, Pe. Beckford. Endorsed, R. Feb. 6, 170f. 3 pp.
\_C.O. 137, 45. No. 29.]
Dec. 8. 23. Journal of Council of Trade and Plantations. Letter to
Sir Bevill Granville signed.
Letter from Mr. Penn, Dec. 4, enclosing a Declaration signed
by him, read. But their Lordships not finding his said
Declaration conformable to H.M. Order in Council directed the
same to be returned to him, together with the form of a Declaration
now prepared by themselves in conformity to the said Order,
and that it be signified to him that, upon his dispatch of this
Declaration, they will make no delay in what remains to be done
by them in that matter.
Letter from Mr. Penn of the 7th inst., with extracts enclosed, read.
Sir Wm. Dane, Mr. Clayton, Mr. Johnston and Mr. Burridge,
Members of Parliament for Bristol, Liverpool and Lime, acquainted
AMERICA AND WEST INDIES. 25
1702.
the Board that having understood there had been application
made by some merchants of London to H.R.H. the Lord High
Admiral against the sending any considerable fleet and convoys
to Virginia, this next season, they had petitioned H.M. to 'the
contrary, and did expect to have found both those petitions
referred to this Board ; but their Lordships acquainting them
that no such reference is yet come, they said they would enquire
into the matter, and endeavour to promote it, and then wait upon
the Board with their reasons against the design of the London
Petitioners, wch. they esteem to be very pernicious to the Colony
and Trade of Virginia and to H.M. Revenue arising by Customs
on Tobacco.
Dec. 9. Copies of Brigadier Selwyn's Instructions about settling the
Public Revenue in Jamaica, Aug. 14, 1701 ; and of
Col. Handaside's Commission to be Lt.'Gov. of Jamaica, June 20,
1702, lately received from the Earl of Nottingham's Office, were
laid before the Board.
Orders of Council, Oct. 22, approving Governors' Instructions,
read.
Order of Council, Oct. 30, read.
Letter from Governor Winthrop, July 29, read.
Letter from Col. Maurice of New Jersey, Sept. 29, read.
Letter from Mr. Larkin, July 1st, read.
Memorial from Mr. Usher, Nov. 16, read.
Their Lordships proceeded to the further consideration of
the Act for the setling and strengthening H.M. part of
St. Christopher's, and directed a Representation to be drawn in
order to the repealing of it.
Dec. 10. Mr. Eccleston and Mr. Wych [? Wyeth] desiring a Copy of the Act
lately received from Maryland for the maintenance of Ministers
etc. in order to such observations as they shall find proper to be
made thereon, their Lordships acquainted them that they had
not yet had leisure to peruse the said Act, but when they came
to consider it, they would be mindful of their desire.
Ordered that the Address from the Inhabitants of New York
to his late Majesty, dated Dec. 30, 1701, as likewise their Address
to the House of Commons, received in Lord Cornbury's letter,
Sept. 27th, be sent to the Earl of Nottingham.
Representation to H.M. for the repeal of an Act of
St. Christopher's, signed.
Letter from Mr . Penn , enclosing Declaration , together with a letter
from Col. Hamilton to him relating to the State of Pennsylvania,
read. Secretary ordered to write to Mr. Lowndes that security
may be taken for Col. Hamilton's observing the Acts of Trade
in Pennsylvania, in the same manner as has been lately done
for the respective Governors of Carolina, and of the Bahama
Islands ; and in order thereunto directed the names of Paul
Docmanique and Adolph Philips, proposed by Mr. Penn, to be
inserted in the bond to be taken for that purpose.
Ordered that a Copy of the Report of a Committee of Council
be annexed to H.M. Order in Council relating to Appeals in
Barbadoes, be enclosed in the letter from the Board of the 8th inst,
26 COLONIAL PAPERS.
1702.
to Sir Bevill Granville. [C.O. 391, 15. pp. 309-316 ; and
391, 96. Nos. 197-199.]
Dec. 10. 24. William Penn to [1 William Popple]. Esteemed Friend,
[10 Xber.] I have neither so good paper nor so good a hand, so send the
same executed by me, to avoide giveing occasion to any of the
Lords to think I delay wth. designe to triffle wth. them. If it
please not, I must desire that the same Clark write it over fair
in the best paper, not folded, and I will signe and seale it, and
satisfy him, tho' with some reluctancy, I must needs say, without
Govermt. in only Council tell me I may do it, for that Gover-
ment is the subject matter the declaration refers to. I have
here enclosed part of a letter from Governor Hamilton that
confirms what I suggested of the necessity of the dispatch of an
approbation, and that some turbulent people will not be satisf \ - ed
full nor fasting. I am with truth, Thy affect. Frd. Wm. Penn.
Endorsed, Reed. Read Dec. 10, 1702. Holograph. 2 pp.
Enclosed,
24. i. Lt. Gov. Hamilton to William Penn. Burl[mgtfow],
Sept. 19, 1702. The last I had from you was by
Mr. Morris, April 24. This is the first opportunity
I have had since to write by. I wrote several letters
of the 7th and 9th of May by John Sate hell, who came
by Guy, and several since. In one I sent you a certificate
from Jamaica, and attested by Mr. Bailey to be a true
copy of the original in his hands, that the indico for
which Wm. Roydon's sloop was seized (which I mentioned
to you in mine of Dec. last) had paid the duties and bond
given pursuant to the Act of Parliament. I hope
then I shall not be blamed for having admitted him to
bail to produce this certificate. As to the state of your
country in general, filthy foul practices are used to
run the inhabitants into confusion, but as yet both
Province and Territories keep Courts at their seasons
appointed by Law, except the Court at Bucks, wch. by
a stratagem of D. TJJaydt] was adjourned without doing
anything, wch. I shall put out of his power next time.
Since I proclaimed the war, I have appointed officers
for the Province and territories. Noebody can imagine
what ungentleman-like practices are set afoot by those
who to the scandal of their profession call themselves
Churchmen, to discourage those who have inlisted
themselves to continue ; they cause their wives to fall
upon them for leaving their business, as they call it,
and they that want, they busily dissuade them to
appear any more in arms, for, say they, the chief
argument we have to defeat the present Government
under Mr. Penn is to have it to complaine that we are
without a Militia, and your appearing will remove that
complaint. However, the Cavalier part of the Church
despise those mean devices, and take Commissions
and industriously encourage the inhabitants to iulist
AMERICA AND WEST INDIES. 27
1702.
themselves. The small-pox has run thro' your country
and West Jersey, and by the extream variety of weather
fevers and agues are very frequent, but praise to God
he carried off but few. Poor New York lies under a
sorer affliction, for after the small-pox had run over
the town, a malignant fever ensued, wch. has carried
off several hundreds, among others Col. Menville and
the Secretary, and rages at present at that rate that
all communication is broke up with them, but by the
post most families left the town and settle in the Jerseys
and Long Island, and my Lord Cornbury forced to
keep at Albany. I hope the cold weather will abate
it ; . it is far more terrible than that sickness wch.
happened at Philadelphia the fall before your arrival.
My humble duty to his Grace the D. of Hamilton.
I humbly make my acknowledgements for the honour
you tell me he doth me in remembering me. I designe
next post to write to his Grace. I thank God all our
family are in good health, and begg you and your Lady
accept their humble regards, and soe doth in great
sincerity, yr. most obedient servant, And. Hamilton.
H PP-
24. ii. Declaration of William Penn. I underwritten do by
these presents declare and promise that the Queen s
Royal Approbation and allowance of Col. Andrew
Hamilton to be Deputy Governor of Pennsylvania
and the Three Lower Counties upon Delaware River,
for one year only, shal not be construed in any manner
to diminish or set aside Her Majesty's claim of right
to the said Three Lower Counties. In witness whereof
I hereunto set my hand and seal, this 10th day
of December, 1702. Signed, Win. Penn. Sealed.
Endorsed, Reed. Read Dec 10, 1702. f p. [C.O. 5,
1262. Nos. 12, 12.i., ii. ; and 5, 1290. pp. 273-277.]
Dec. 10. 25. Lt. -Governor Handasyd to the Earl of Nottingham.
St. Jago de la Upon the receipt of H.M. Commission to me as Lt.-Gov., I have
ga ' by and with the advice of the Council called an Assembly, which
will meet in 40 days from the date hereof, in order to put things
in their due channel, and that the Law may have its due course,
there having been no Court held here these two years. Several
Councillors being aged and infirm and cannot attend in Council,
and there being a vacancy in the room of Sir Thomas Muddiford,
deed., I beg your Lordship would be pleased to put in as
Councellor Lt.-Col. Francis Rose, a man that is faithful and
zealous for H.M. service, and one of a very good estate in this
Island. Signed, Tho. Handasyd. Endorsed, R. Feb. 6, 170f.
1 p. [C.O. 137, 45. No. 32.]
Dec. 10. 26. Lt. -Governor Handasyd to the Earl of Nottingham,
St. Jago de la Acknowledges receipt of letters. The fleet being out upon a
Vega. cruise, I have writ to Rear Admiral Whetston, that H.M. service
28 COLONIAL PAPERS.
1702.
requires his return "here, at which time I shall deliver him the
letter enclosed for Admiral Bembo. In relation to the troops,
as well as those under H.M. pay as the inhabitants of the Island,
there shall be all diligent care taken to have them in readyness ;
as to the secrecy of the matter, that H.M. enemies may not come
to know it, may I have my just reward as an ungrateful traitour
if anything shall happen to H.M. disadvantage whilst blood in
my veins. As to what H.M. is pleased to order about the building
of barracks for 3,000 men, I do not know whether such may be
intended as were raised in Ireland, 40.000L would not defray
the charge in this country, where such buildings are unreasonably
dear, but others I hope may be contrived not to cost above 3,OOOL,
and yet prove serviceable for 3 or 4 years ; neither brick nor
mortar need be made use of, and the expense of the workmanship
(wherein many white men are not to be employed) will not be
very chargeable. They will be made tight to keep out the rain
and protect against the sun, and no extraordinary provisions
need be made against the cold in so warm a climate. My utmost
endeavours shall be in obedience to this and all other H.M. com-
mands, which I will immediately put in execution, though I am
very much afraid of my being streightned in part of time of [sic].
The Island is at present pretty healthy, but has been sickly.
Signed, Tho. Handasyd. Endorsed, R. Feb. 6, 170. If pp.
\_C.O. 137, 45. No. 31.]
Dec. 10. 27. Lt. -Governor Handasyd to the Earl of Nottingham.
Enclosing Minutes of Council of Jamaica, Dec. 4 and Dec. 7.
Signed, Tho. Handasyd. Addressed and sealed. Much torn.
1 p. Enclosed,
27. i. Minutes of Council of Jamaica, Dec. 4, 1702. St. Jago
de la Vega. H.M. Commission constituting the
Hon.Thomas Handasyd Lieut.-Governor and Commander-
in -Chief was read, and he took the oaths appointed
and subscribed the Test. Then he proceeding to swear
the Council, Col. Beckford proposed a scruple, whether
his having had a Commission and acting as Lt. -Governor
does not suspend him from being a Councellor. The
Board unanimously gave their opinion that, there being
no other Instructions but those of Genl. Selwyn hi the
Island, wherein he is named as one of the Council, he
undoubtedly remains so still ; whereupon he took the
oaths with the rest. Emmanuel Moreton, a newly
appointed Councillor under H.M. Privy Seal, was also
sworn. The Clerk of the Council and Provost Marshal
also took the oaths.
Letter to the Governor from the Governor of Carolina
read : " St. Augustine, Sept. 16, 1702. The feeling
sense we in Carolina had of the danger not only of the
loss of this H.M. Colony, but in processe of time the
same fate to all H.M. Plantations on tihis Maine, did
for our immediate and particular preservation (as soon
as we received H.M. Proclamation of War) raise force
AMERICA AND WEST INDIES. 29
1702.
enough, as we thought, to take and subdue the Town
and Castle of St. Augustine, and the Spaniards living
in it. And that which prompted us to make the more
haste was to prevent that assistance of soldiers and
ships of war, which, as we have been informed, the
French designed to send to them, which if they had
done, the inhabitants of Carolina must necessarily
have deserted their Colony. The Castle is very strong
and regular, and if manned by French soldiers will
not be subdued but by a roj^al force and Navy, which
will be an extraordinary but necessary charge to the
Crown. We are now Masters of the field and town,
and have shut up all the Spaniards, men, women and
children, in the Castle, which for want of such things
as are necessary for taking such vastly strong-built
places of defence (except your Excellency please to
supply us with out of H.M. stores) we may be forced to
leave untaken. The things we want are two or three
mortar pieces, 50 or 60 shells, 20 barrels of powder,
2,000/6. of fusee shot, 200 granados with all the necessaries
that belong to the mortar pieces and granadoes, together
with an ingineer to use them and 200 great gun-shot
and 100/6. of match. Lt.-General Robt. Daniell (a
person that hath borne a considerable part of the charge,
hazard and labour of this service, and who for his
loyalty to the Crown and forwardness to serve his
country, is worthy of very much creditt and respect)
will give your Excellency a particular relation of our
present circumstances and future designs, as well as
an account of our wants. We design to tarry here
till his return, unless an overpowering assistance of
French or Spaniards first come to assist the besieged,
or that want of victuals or. water force a surrender.
The latter we have not much reason to hope for so soon,
which with the things sent for we doubt not will effect
in three or four days. Signed, Ja. Moore."
The Governor acquainted the Board with H.M.
Instructions that upon demand of assistance from any
the neighbouring Colonies, we should, as far as we were
able, give it to them, and thereupon Lt.-Gen. Daniell
was desired to give an account to the Board of what
was really and absolutely necessary. He gave a list :
One mortar, 50 shells, 10 barrels of powder, 500ft. small
shot, 200ft. swan shot, 100ft. of match, two hand
mortars, 200 hand granadoes. Resolved, upon due
consideration of the advantage it may be to H.M.
subjects in those parts, that the mortar and such other
things hi the list as we could spare should be supplyed
to him, he giving security for the return of the mortar,
and such of the other things as should not be spent
before St. Augustine's Castle, to this Island in six
months.
30 COLONIAL PAPERS.
1702.
The Governor proposed whether it would not be most
convenient that writs should be issued immediately
to chuse a new Assembly, and that the Council of War
now summoned be put off. The Board advised that
writs be issued for an Assembly to meet at St. Jago de
la Vega, Jan. 13 next. Proclamation ordered accordingly.
The Governor proposed it to the consideration of the
Board whether any and what way could be used to reduce
the Gentlemen about Caymanas (who have refused to
pay for the quarters of their soldiers in town) to such
a temper that there may be no animosity nor difference
between them and the Magistrates about it. Where-
upon the Council unanimously advised the Governor
that those Gentlemen should be summoned to appear
here the next Council Day to give their reasons.
Order that a Proclamation be immediately issued
for the continuance of all Officers, Military and Civil,
in their respective posts till further notice.
Minutes of Council of Jamaica, Dec. 7, 1702. See
under date. Endorsed, Reed. Feb. 6, 170f. 8J pp.
[C.O. 137, 45. Nos. 30, 30.i.]
Dec. 10. 28. [? William Popple] to Wm. Lownds. Refers to Order in
Whitehall. Council, Nov. 11.
Mr. Penn having thereupon offered to the Council of Trade and
Plantations that Mr. Paul Dominique and Mr. Adolph Phillips,
merchants of London, are willing and ready to be sureties as
required for Col. Hamilton, in the penalty of 2,000?., their
Lordships send you the draught of a bond (approved of by
Mr. Attorney General) for the Lord High Treasurer's directions,
that the security be accordingly taken at the Exchequer or
elsewhere as his Lordship shall think fit. [The copy of the bond
was the same as that for Sir Nath. Johnson etc.] [C.O. 5, 1290.
pp. 278, 279.]
[? Dec. 10.] 29. Governor Lord Cornbury to the Council of Trade and
New York. Plantations. Since my last by H.M.S. Advice, Capt. Caldwall,
10 her. ^jj e ga j^ Captain, notwithstanding a positive order to the contrary,
which he had received from me in writing, did receive on board
his ship the Countess of Bellomont before she had given sufficient
security for the several sums of money the late Earl of Bellomont
in his lifetime, and her ladyship since his death, or their Agents,
have received upon account of the four companies of fuzileers
here, and which have not been paid to the said companies, nor
to their use. By which means the officers here must either lose
a very considerable sum of money, or must be at very great
charges to sue my Lady Bellomont and Mr. Champante. I
intreat you that I may have some fuller instructions concerning
any man-of-war that may be appointed to attend this Colony ;
the Captains of the Queen's ships are not willing to think them-
selves under the command of the Governor of the Province
where they are, only if the ship is ordered out to cruise they will
AMERICA AND WEST INDIES. 31
1702.
obey, but if there is occasion to send an officer and a few men
to make any seizure, or upon any other private service, and the
Governor sends to the Captain for any one particular officer,
which he thinks he can better trust then another, the Captain
will send the number of men desired, but another officer ; besides,
before he will suffer him to proceed upon the service required,
he will see the Instructions received from the Government ;
that great inconveniencys may happen by such proceedings did
in some measure appear when I was at Albany ; Mr. Weaver,
who had upon my issuing a proclamation against him, surrendered
himself, and promised to make up his accounts with the Deputy
Auditor and some other persons I had appointed for that purpose,
when he had given his accounts privately to the Deputy Auditor,
thought fit a second time to run away with Mr. Atwood, and
leave his bail in the lurch, the Gentlemen of the Council, whom
I had left in towne, thought it their duty to pursue those two
sparks, and sent to Capt. Stapleton, H.M.S. Jersey, desiring him
to send his master with 12 men to be sent on an expedition for
the Queen's service. The Captain immediately sent the boat
and men, but instead of the master, sent a midshipman to com-
mand the men ; the Gentlemen of the Council gave their orders
in writing to the midshipman, and bid him proceed immediately,
but instead of that, he returned on board the ship and delivered
the orders he had received to his Captain, who kept them, and
gave him orders in writing from himself ; with these orders the
midshipman went to the place to which he was directed, a small
creek in East Jersey ; there he landed, and was told that Atwood
and Weaver had been there the day before, but were gone to a
farm-house, half-a-mile farther into the country, where they
then were ; this being a very young man, and his orders from
his Captain being to go to the Creek and no farther, he returned
to New York without going to the farm-house, so that the taking
of these two men was disappointed, whereas if the officer that
was desired had been sent, I am fully perswaded they had been
taken, because I know him to be a very dilligent good officer, and
fit to be trusted.
Since the Advice sailed, no vessel has sailed from this Port for
England, till now that the Benjamin store-ship, which has taken
in all the masts that were provided by the late Earl of Bellomont,
and as much of the timber as was brought down to York ; there
is more lies in the woods, which shall be brought down as soon
as the frost is hard enough to bear a sledge, but it cannot be
done sooner. I hope your Lordships will be pleased to direct
that we may be supplyed with stores of all sorts, of which we
stand in great need, espetially cannon ; many of those we have
being so honey-combed that they are not fit for service, and
powder, not having 200 barrels left, and some barrels of that
spoiled. The General Assembly met, according to adjournment,
Oct. 20, at Jamaica, and sat there till Nov. 19, on which day I
did, at the request of the House, adjourn them to New York,
to meet there Nov. 16 (the sicknesse being, God be praised, quite
over) ; there they continued their Sessions till Nov. 27, during
32 COLONIAL PAPERS.
1702.
which time they passed several bills, 15 of which I send transcripts
for your approbation, and hope the Queen will be pleased to
approve of them : the 1st is for levying and collecting 1,80(M.
for maintaining 150 fuzileers and 30 men to be employed as
scouts for five months for the defence of the frontiers. I hope
the reason for passing this is soe evident that your Lordships
will easily consent to the confirming of it. The next is to enable
the City of New York to supply the vacancy of their officers
in case of death or other disability. The reason for this Act is
the defect in their Charter, by which they are not impowered
to chuse new officers in lieu of those that dye in the year. The
third is for granting to H.M. 2,OOOZ. ; the 4th to appoint Com-
missioners to state the accounts and debts of this Province.
This Act I earnestly in treat may be confirmed, for without it,
it will be impossible to find out the debts of this Province. The
next is for destroying of wolves, a very necessary bill. The
6th carries its reason in its title ; the 7th is for settling the Militia ;
if this Act is not confirmed, we shall have no militia at all in
this Colony. The 8th, for regulating of slaves is become absolutely
necessary through the great insolency that sort of people are
grown to. The 9th is absolutely necessary to prevent some
doubts that might arise upon the adjournment of the Supream
Court ; the 10th to repeal several Acts of Assembly. This
I did refuse to pass for some time, till the House passed the 14th,
for continuing the Revenue, upon which 1 passed them both,
which I hope you will approve of. The llth for a free school,
I hope wants no recommendation. The 12th being for the good
of the City and a charge upon themselves only, I hope will be
approved of. The 13th is of very great use to trade, and therefore
I hope may be confirmed. The 15th, for the better maintenance
of the poor, is extremely wanted in tins City, and therefore I
intreat it may be confirmed. I have no doubt at their meeting
in spring the Assembly will continue to do their duty to H.M.
to the utmost of their power. Encloses Addresses to be laid
before H.M. Signed, Cornbury. Endorsed, Reed. Feb. 5, Read
March 5, 1702 [1703]. Holograph. 4 pp. Enclosed,
29. i. Abstract of preceding, f p.
29. ii. Copy of Lord Cornbury's Order to Capt. Caldwall not
to take the Countess of Bellomont on board the Advice.
(See supra.) Sept. 23, 1702. Signed, Cornbury.
Endorsed as letter. 1 p.
29 S iii. Copy of an Address from the Governor, Council and
Representatives of New York to the Queen. Con-
gratulate H.M. happy accession etc. Many of us in
this Province have had the misfortune to be mis-
represented as disaffected to the Government and
Laws of England, and particularly to the person of his late
Majesty, and several of us severely treated as such,
by the persons then executing the powers of Govern-
ment here, notwithstanding, we have all of us in our
respective stations most studiously and constantly
given, proofs of our readiness to support the Government
AMERICA AND WEST INDIES. 33
1702.
of England as by Law established. We firmly resolve
upon all occasions to give fresh demonstrations of our
inviolable duty, zeal and affection to your Majesty's
person and Government etc. Signed, Cornbury, William
Smith, Pa. Schuyler, Sa. Sh. Broughton, Wm. Lawrence,
Gerard Beekman, Caleb Heathcote, Rip Van Dam,
John Bridges, W. Nicoll, K. V. Renslaer, Tho. Garton,
M. Howell, Danll. Whitehead, Hen. Beeckman, J. Abeel,
John Stillwell, Joseph Mundy, Myndert Schuylers,
Evert Bancker, Wm. Willott, Abraham Lakeman,
Josiah Hunt, Cornelius Seberinsth, Cornelius Van Brunt,
Stephen de Lancey, John Jackson, J. V. Cortland,
Ph. French, Tho. Codrington. Endorsed, Reed. Feb. 5,
1702. 2 pp.
29. iv. Copy of Address from the Representatives of New
York to the Queen. Your Majesty's loyal, faithful and
most affectionate subjects, the Representatives of your
Colony of New York, met in General Assembly, most
humbly pray your Majesty's gracious leave to offer
to your Royal consideration, that from the arrival of
the late Earl of Bellomont here, your Majesty's English
subjects in these parts, and those of foreign birth united
with them in inclination and interest and entituled
to the English Laws and Liberties by the bounty of
your Majesty's Royal Predecessors, have been mis-
represented as pirates, encouragers of unlawful trade,
with such other evil and odious characters as those
who had projected our ruin thought suitable to obtain
their ends. The designs were not carried so close but
that we soon were sensible of our misfortunes and the
consequences intended by our adversaries, by all fitting
ways we endeavoured to set ourselves right in the
judgments of our superiors, but, to our unspeakable
grief, found the prepossession so great, and the obstacles
of our relief so many that it was impossible for us to
surmount them. Though the difficulties we met with
were surprising, yet knowing our own innocence, we
resolved to leave no means untried to do ourselves
justice etc. Rec.ounts history of the Addresses and trial
of Bayard etc. The indictments of the condemned was
found to be good by a lesser number than 12, and the
Jury picked out to try them of the meanest and most
ignorant of the people, to that degree that several of
them having been lately interrogated by this House
for what fact Bayard and HutcMns were condemned,
pretend they have wholly forgotten, tho' it is now not nine
months since these things were acted etc. A Bill having
been brought into this House for declaring the illegality
of these proceedings and to hinder the like for the future,
although we cannot but be most sensibly toucht with
the heavy doom and great calamity of those our fellow
subjects whose crimes in this matter we have not
03
34 COLONIAL PAPERS.
1702.
discerning enough to discover, yet being informed your
Majesty has graciously been pleased to give directions
for an Appeal to your Majesty, we think it our duty
humbly to lay this state of their case at your Majesty's
Royal pleasure, that thereupon we may rightly proceed
in the said Bill. We are entirely satisfied with the
happiness we enjoy under your Majesty's glorious reign,
and the blessing we have in being under the administra-
tion of the Lord Cornbury etc. Siffned, W. Nicoll,
M. Howell, K. V. Rensselaer, Phillip French, John Abeel,
Stephen de Lancey, Tho. Garton, Danl. Whitehead,
J. V. Cortlandt, Tho. Codrington, John Jackson, John
Stillwell, William Willett, Myndert Schyler, Joseph
Mundy, Josiah Hunt, Abraham Lakeman, Evert Bancker,
Henry Beekman. Endorsed as preceding. 5 pp.
29. v. Memorandum of Journal of Assembly of New York,
Oct. 20-Nov. 27, 1702. J p.
29. vi. Memorandum of Acts of Assembly, New York,
Nov. 27, 1702. J p.
29. vii. Memorandum of Accounts of the Revenue of New
York, June 10-Sept. 29, 1702. J p. [(7.0. 5, 1048.
Nos. 1, l.i.-vii. ; and (without enclosures) 5, 1119.
pp. 391-400.]
Dec. 10. 30. Governor Dudley to the Earl of Nottingham. Since my
Boston. l as t by the Dreadnought, I have the ill news of the loss of the
packet-boat, which went from hence in July, wherein were copies
of the Laws etc. ; all which were repeated by the Dreadnought
and this conveyance, and shall be also sent again from New
Hampshire, whither I am going for that end, and particularly
to take care in the several Articles directed by the Lords of Trade.
(June 12.) I gave your Lordship account that the privateers
fitted out from the several parts of this Province have taken
19 ships from the French, and the three last were one with arms,
clothes and provisions sent from Quebeck to the Kennebeck
Indians, according to articles lately made between the Indians
and the Governor of Canada, upon which the Indians were
universally to rise upon the English ; the other two were
brigantines sent from, Quebeck with suitable provision to Placentia,
there to take in 50 men each, to cruise upon our coasts for
provisions, which are much wanted in all the French settlements,
especially at Port Royal, the next settlement to the English
pale, and by this means I have yet the Eastern Indians as far as
Penobscutt in good order and quiet, though with a great deal
of difficulty, the French Jesuits being amongst them at all times,
whose influence must needs prevail to run them into mischief
with the first of the spring ; in order whereunto the Assembly
have agreed to an Act of listing every fourth man in this Province
to be ready armed and clothed, fit for a march in 24 hours, and
I have scouts out every day in all the frontiers. There are two
other Acts, in addition to the Impost and Excise and Grant of
6,000?. tax to be raised in 12 months, which will defray the year's
AMERICA AND WEST INDIES. 35
1702.
expense as they have settled it in peace, but is no fund in case
of the Indians rising, which has never cost us less than 1,000?. per
month, and I am not to expect an easier shock from the French
and Indians than heretofore. The other(s) are private Acts, or
of less importance, all laid before your Lordship by these ships.
The last ships I also offered your Lordship what I said to the
Assembly referring to H.M. commands for the rebuilding of
Pemaquid and the settlement of salaries and the support of the
Civil List, but a six weeks' Session, which ended Nov. 21, could
obtain nothing from the Assembly in either point. The Committee
of the Assembly I carried with me to Pemaquid, reported the
reasonableness of H.M. demands, and the just advantage thereby,
but was refused by the Assembly, and with an unwonted rudeness
to deny a conference with the Council thereupon, but upon my
message to them that I could by no means allow such a refusal,
and upon which I should immediately have dissolved them,
they better considered and acknowledged their mistake, but the
Conference was ineffectual, though at the same time the letters
from the Lords Commissioners for Trade referring to that very
affair came to my hands, and was read unto them, upon which so
many of the Council consented to the return of the Committee
as made a Quorum, but the Assembly at last refused it. And as
resolved they have been in the Article of Salaries, having granted
no more than 5001. for my support for one year, beginning from
my arrival, though I had been appointed Governor 12 months
before and commissioned 6 months of that time. That sum is not
above the fifth part of the necessary expense of a Governor of
this Province, which they very well know themselves, since
servants and good horses are dearer here than in England. The
same they have done in the case of the Judges, allowing them
501. apiece, when in all other Provinces there is 5001. per annum
given to the Chief Judge, and proportionable to the rest of the
Judges ; and for the Lieutenant-Governor but 1001.
Upon what is abovesaid referring to Road Island, I humbly
offer it as my duty to H.M. affairs here, that I shall with the
greatest difficulty, if possibly contain this Province in any secure
posture referring to the Acts of Trade, while the Road-Islanders
do what they please ; and at this time, though they have done
something against the French, their vessel they sent out was without
any commission, and so has the face of a pirate rather than H.M.
ship, and their military part is without any form, and the impost
of this Province by their neighbourhood being but 50 miles by
land is defeated, there being no duty there, and ships coming
out of the sea land what they please there. So that if any con-
siderable impost be laid upon wines and rum etc., which would be
the best Revenue here, will come to little, till H.M. will please
to remove that little shadow of Government there remaining ;
but the greatest consideration is not yet mentioned, the figure
the Government makes is no wise so good as an ordinary head
borough in the Kingdom of England, while they are a very
important Province, and have the best harbours and outletts to
the sea in all the North America. The major part of the people
36 COLONIAL PAPERS.
1702.
by far would rejoice to be annexed and brought under H.M.
immediate Commission, if H.M. please so to command. The
provisions for Jamaica have been now ten daies on board, the
best of all sorts etc. As to the soldiers for Jamaica, I never
expected any assistance from the Gentlemen in Government
here ; however, I have successfully granted three Commissions
to proper persons for officers of three companies, and one of them,
who has very happily taken four ships from the French this
summer, Capt. Thomas Laramore, is now ready to go on board
with a very good company, but I have made bold to assure them,
they shall be very kindly dealt with abroard, being voluntiers
etc. (as Nov. 8). I hope, upon the report of their good reception,
I may be able to get two Companies more against the Spring,
especially if I can maintain a quiet with the Indians, though
this whole matter be very grievous to most of the people here,
who would be glad if any discouragement should happen to
these voluntiers at Jamaica, to prevent any more going after
them, which makes me now importunate that H.M. may send
such order as may make this first instance happy, and settle the
communication and mutual support of the Plantations severally.
In the raising of Capt. Laramore's men, I have been out as the
enclosed account will shew. I humbly pray it may be paid to
Mr. Constantine Phipps. I would not have askt anything of H.M.
on this account, if this Province had been just to give me any
tolerable support ; I cannot live here in the just figure of a
Governour under 1,OOOZ. per annum, and the country is able to
bear it as any Province belonging to the Crown of England,
but without H.M.'s warrant to take that or what H.M. pleases
out of the Revenues which must necessarily be granted to the
support of the Government, I shall not obtain it here. I also
humbly pray that your Lordship will please to obtain a warrant
for Col. Byfield, Judge of the Admiralty, Paul Dudley, Attorney
General, and that two frigotts, one a fourth-rate and the other
less, for the guard of the coast, and the canon sent, long since
directed for this Province, and if I may find favour to be com-
manded for H.M. service, I will sacrifice all that is dear to me
to make this Province know their Dependence and Duty, and
nothing will mortify those men, that neither regard the Crown
nor favour the Church of England, more than to see their Governor
live happily, without any inferior dependence upon them on
account of his maintenance. And while I am endeavouring to
send some of the people hence for H.M. service in the West Indies,
if I might in exchange have two foot companies from England
for the Castle of this place and the other fortifications in New
Hampshire to be commanded one by myself and the other by
the Lieutenant-Governor, I should be able to give a better account
of everything here.
Dec. 18. Capt. Larrimore is now on board with his officers and soldiers
in good order. Signed, J. Dudley. Endorsed, Reed. Jan. 30,
170f. 5 pp. Enclosed,
30. i. Copy of a letter from Col. Dudley to Thomas Newton,
Deputy Judge of the Admiralty, Oct. 10, 1702. In the
AMERICA AND WEST INDIES. 37
1702.
affair before you referring to the French ships taken
by Mr. Wanton and now at Rhode Island, by vertue of
a Commission from Govemour Cranston, it is my duty
and office to acquaint you for H.M. especial service,
that the Government of Rhode Island, besides then 1
being very obnoxious at this time for then 1 refusal of
obedience to H.M. commands, never had the least
pretension or shadow to any Admiralty jurisdiction,
and their power and Commission given to the said
Wanton have no countenance of authority, nor do
give any power that can have any operation in law,
and therefore the allowance of it in a Court of Admiralty
will absolutely reflect upon the Judge that shall allow it.
However, the caption is good to the Queen and those
ships are good prize in H.M. harbour of Rhode Island,
must be condemned to H.M. use, but before you can
proceed to that, the ships and goods must be in the
care and possession of the Commissioners of prizes,
Andrew Belcher and John George, or one of them,
and if they will not admit of that, you have no manner
of rule to proceed to condemnation, unless you will
answer the after embezzlements yourself. When that is
obeyed, you may justly proceed to condemnation, but
you will not determine the captors right, unless their
Commission be from H.M., my Lord High Admiral of
England, or some of their Vice-Admiralls, because you
know how strict the Law is in that case, but they are
in the Queen's favour, as all other uncommissioned
captors in England are, and of that I must be advised,
being Vice-Admiral by Commission of that Province,
and I shall do therein what appertains to my duty.
Upon the whole I desire and expect that you sit Judge
alone in that matter, because I am informed some of
that Province intend to be Assessors with you, that
H.M. Commissioners aforesaid, or one of them, be in
possession of the ships and goods before the process,
and that then an Advocate admitted make the
proceeding at Law, and that the judgment of it so
appear before H.M. and that the Commission of that
Government be disallowed and the Captors referred to
attend me further in the matter. Signed, J. Dudley.
Note subscribed in Governor Dudley's hand : Notwith-
standing Mr. Newton, Deputy to Mr. Atwood, condemned
the three ships upon Cranston's Commission, who has no
right in derogation of the Commission which I published
at Newport on Road Island for the Vice-Admiralty of
that Colony, and upon that same pretence all the late
piracies have been committed from that Government,
and all are [? our] saylers and others fit for the service run
from the Governments where the Queen's authority is
preserved, to make up a swarm of people without any
Government over them. Endorsed, Reed. Mar. 170. IJpp,
38 COLONIAL PAPERS.
1702.
30. ii. Copy of Letter from the Assembly of Rhode Island,
Newport, Sept. 17, 1702 (q.v.), to Governor Dudley,
relating to the Militia. Endorsed as preceding. Z\ pp.
30. iii. Copy of Governor Dudley's Warrant for beating up
for Voluntiers for Jamaica, Roxbury, Nov. 27, 1702.
Same endorsement. 1 p.
30. iv. List of Capt. Thomas Laramore's Company, raised
in the Massachusetts Bay for H.M. especial service in
the West Indies, mustered by Governor Dudley on
board the Gospir frigate, Dec. 16, 1702. Thomas
Laramore, Capt., John Eyres, Lieut., Joseph Wells,
Ensign ; Charles Sherlock, John Woodwell, William
Collins, Benjamin Pickering, Daniel Grenough, Samuel
Willis, Daniel Johns, Martin Margery, John Wayte,
John Dreyden, William Flynt, Andrew Mackarty,
Thomas Kempthorn, Francis Fuller, John Putnum,
Alexander Osborn, Samuel Brown, John Swett, Daniel
Hobbs, James Mackarty, Francis Clark, Adam Meinzey,
Joseph Davis, Daniel Ralph, John Hadlock, William
Carter, Joseph Packer, Thomas Clay, Benjamin Wright,
Jonathan Osburn, Jeremiah Hacker, William Leach,
Benjamin Dean, William Wise, John Martin, Israel
Bradsley, Mathew Burdiall, Peter Hipsley, Samuel Hall,
Samuel Shalote, Nathaniel Frost, Joseph Gorton, Thomas
Sawtle, John Ames, Benjamin Harris, Thomas Dennis,
Richard Convers, Thomas Pym, John Countryman,
Harry Jones, William Dawes, Thomas Rouse, James
Hayes, John Troop, Ralph Bayes, Isaak Dennis, John
How. Signed, J. Dudley. Same endorsement. 1 p.
30. v. A List of the Militia and Civil Officers in the
Massachusetts Bay, Boston, Dec., 1702. (1) The Boston
Regiment 810 men. Charles Hobby, Col., Thomas
Savage, Lt.-Col., Benjamin Davis, Major. (2) First
Regiment of Suffolk County 650 men. Nicholas Paige,
Col., William Tailer, Major. (3) Second Suffolk Regiment
540 men. Ephraim Hunt, Lt.-Col., Samuel Eelles,
Major. (4) Lower Middlesex Regiment 1,060 men.
John Phillips, Col., Francis Foxcroft, Lt.-Col., James
Converse, Major. (5) Upper Middlesex Regiment
871 men. Jonathan Tyng, Lt.-Col., Thomas Browne,
Major. (6) South Essex Regiment 700 men. John
Hathorne, Col., John Legg, Lt.-Col., Samuel Browne,
Major. (7) Middle Essex Regiment 638 men. John
Wainwright, Col., John Appleton, Lt.-Col., Francis
Wainwright, Major. (8) North Essex Regiment 750
men. Daniel Peirie, Col., Dudley Bradstreet, Lt.-Col.,
Thomas Noyes, Major. (9) Hampshire Regiment 836
men. John Pynchon, Col., Samuel Partridge, Lt.-Col.,
John Pynchon, 2dus, Major. (10) York Regiment
280 men. Joseph Hammond, Major. (11) Plymouth
County Regiment 720 men. Nathaniel Thomas, Col.,
Isaac Winslow, Lt.-Col., John Bradford, Major.
AMERICA AND WEST INDIES. 39
1702.
(12) Barnstable County Regiment 700 men. John
Thacher, Col., John Goreham, Lt.-Col., William Bassett,
Major. (13) Bristol County Regiment 915 men.
Nathaniel Byfield, Col., Benjamin Church, Lt.-Col.,
Ebenezer Brenton, Major. (14) Duke's County Regiment
120 men. Benjamin Shiffe, Major. (15) Island of
Nantucket 52 men. Total, 9,642. List of Civil Officers
follows, named passim. Same endorsement. 8f pp.
[C.O. 5, 863. Nos. 4, 4.i.-v.]
Dec. 10. 31 . Governor Dudley to the Council of Trade and Plantations.
Mainly duplicate of preceding letter. Additions : I am sorry the
[New Hampshire] papers and records are presented so ill written
and out of form. I shall take notice of it, but it will be hard
to reform it, there being not a person fit in all the Province for a
Secretary, and the salary and benefits amount not to more than
BOl. per annum, which will not encourage a suitable person to
attend the office. However, what your Lordships have observed,
I hope shall be reformed for the future. After references to Rhode
Island, And in this Province [? Massachusetts], the Council being
of the people's election, many the most loyal persons and of the
best estates, are not imployed, and those that are, so many of
them are Commonwealth's men, and all do so absolutely depend
for their stations upon the people that they dare not offend them,
and so H.M. has no manner of service from them, nor countenance
to H.M. affairs, which makes my station very difficult and prevents
everything that looks like an expense, which the poor country
Representatives obstinately withstand, and are glad of any
countenance from the Gentlemen of the Council therein. . . .
Siyned, J. Dudley. Endorsed, Reed. Jan. 30, Read April 19, 170f .
5 pp. Enclosed,
31. i. Abstract of preceding. 2 pp.
31. ii. Copy of Col. Dudley's Speech to the General Assembly
of the Massachusetts Bay, Oct. 21, 1702. Since I last
saw you, I have in obedience to H.M. commands visited
all the frontiers to the eastward as far as Pemaquid,
and had then the opportunity of conference with the
Sachems of those parts, which has occasioned the quiet
we have hitherto had on that side, and saved you the
trouble of an earlier meeting than at this time, which
truly I was very apprehensive would not have been
prevented, and how long it shall last I have no assurance,
and therefore we ought to be in all points ready. The
last session I communicated to you H.M. Instructions
referring to the rebuilding of Pemaquid, which I must
still with all earnestness offer to you, and when it is
considered that all the stores necessary are in place, the
foundation get good, and lime to be had very near and
easy, the rebuilding cannot be thought to be half the
original charge. The Indians in their Treaty, and since,
urge the necessity of another Trading House beyond
that at Casco Bay, and I judge it as necessary as they,
40 COLONIAL PAPERS.
1702.
if we intend to hold them depending, and that may
as well be at Pemaquid as anywhere else, and better,
because the harbour is good, and our honour depends
upon our asserting our own which we so unluckily lost.
These things added to H.M. directions in the matter.
I hope will have their due weight with everybody. I
hope the Gentlemen of the Council and Assembly, that
were with me there, will when that affair is before you,
represent that matter as it is. I did the last session
also by H.M. especial command lay before you the
necessary provision of a House for the Government
at Boston and a salary for the Governour, the Lieutenant
Govemour, the Judges and other officers of the Govern-
ment. I am obliged to tell you, Gentlemen, that there
is no other part nor Province belonging to the Crown
of England, where there is not a stated honorable support
for the Governour, and all other publick officers arising
from the countrey, and I hope we shall prevent its being
observed at home that we are particularly priviledged
and as singular in the neglect of our duty. I shall lay
before the House of Representatives a list of all officers
of salary and shall desire your consideration of it in
the first place, and I am sure I have no reason to doubt
your regard to H.M. directions, to my own just
expectations from you, neither for myself nor any
other the officers of the Government, amongst whom
I know none that have a stated salary, unless it be the
Judges, who, I understand, are supported with 40Z. per
annum, scarce enough to maintain a servant and horse,
while the next Province, much less than ourselves, pays
500Z. per annum to the Chief Justice. If we hope to
have a Government we must support it, and there are
very easy waies, by a proper impost and excise, to do it,
without any burthen upon the trade or husbandry
of the country. Endorsed, Reed. Read Jan. 30, 170|.
Copy. 2 pp.
31. iii. Copy of Minutes of Council in Assembly of the
Massachusetts Bay relating to the rebuilding of Pemaquid,
May 27-Nov. 18, 1702.
Oct. 21. Report of the Committee upon H.E.'s speech
relating to Pemaquid, read. Concerning the expense
thereof, John Walley and Nathaniel Thomas were direc-
ted to carry it down to the House of Representatives.
Oct. 29. The report was returned from the Representa-
tives with their vote against it.
Nov. 3. This vote was complied with and the Board
proposed a Conference. The Representatives refused.
The Board then passed a resolution that such refusal
of a Conference upon that head or any other affair
referring to the Government is a great infringement
upon the rights and interest that the Council have in
this Government and desire that this their Declaration be
AMERICA AND WEST INDIES. 41
1702,
entered accordingly, and do yet insist upon the said
Conference and desire the Governor to direct it
accordingly. This vote was sent down.
Nov. 4. A message was sent up from the Representa-
tives with an order that a Conference be held.
Nov. 5. The Conference was held.
Nov. 10. The Representatives sent up a message
that they were still of the mind that it is not proper in
this juncture of time to proceed on so weighty an affair
as the building of Pemaquid Fort, the present circum-
stances of the Province being considered, and especially
considering the late credible advice that the Eastern
Indians are prevailed upon by the French to become our
enemies, and a powerful body of Indians are upon
their march against us ; and that an Address and
Memorial by a Committee of this House joined with a
Committee of the Board be prepared to lay before
H.M. what may be necessary referring to the same.
Nov. 11. Upon reading the above message, H.E.
summoned the Representatives to attend, and com-
municated to them H.M. Instructions, referring to
salarys and rebuilding Pemaquid, and that no Law be
made for the raising of duties upon wines etc. to continue
for less than one year.
Nov. 16. H.E. summoned the Assembly and reminded
them that he had but two things of moment to com-
municate to them at the opening of this Assembly ; the
one, that of H.M. command for the building of the Fort
at Pemaquid, and the other that of providing for the
support of the Government ; neither of which they
had brought to any effect. He communicated to them
a letter from the Council of Trade, Sept. 15.
The Board accepted the report of the Committee
appointed to consider the question of the Fort, Oct. 21.
[See Cal, 1702. No. 1135.ii.] This report with the vote
of the Board upon it was again sent down to the
Representatives .
Nov. 17. Vote of the Representatives sent up that
this House doth still insist upon their votes heretofore
sent up for a Committee of both Houses to be appointed
to prepare an humble address to H.M. and are troubled
that it hath been delayed so long. Answer sent down
that the Council know of no other motion from the
Representatives relating to addressing H.M. save only
about the matter of Pemaquid, to which they have no
answer to their vote past yesterday for accepting of
the report of the Committee.
Nov. 18. The Report of the Committees referring to
Pemaquid was sent back from the Representatives,
with the order of the House that they adhered to their
vote referring to Pemaquid sent up on the 10th.
Conference appointed to prepare an humble Address
42 COLONIAL PAPERS.
1702.
to H.M. referring to the erecting a Fort at Pemaquid
and such other things as they shall think proper at
this time to be laid before H.M.
Nov. 21. Draught of the above Address sent up.
Message sent down that in said draughts the votes of
the Council referring to Pemaquid were wholly neglected,
from which the Council could not depart, and there
being no present opportunity of forwarding the same,
to desire they might be left to further consideration,
and that the necessary business before them might be
dispatched, for that H.E. intended to dismiss the
Assembly this afternoon.
Nov. 2. Resolve of the Representatives sent up that
it is not convenient (the circumstances of the Province
considered) to state salarys, but to allow as the Great
and General Court shall from time to time see necessary.
It was decided to send that resolve down again for
reconsideration.
Nov. 11. Resolve sent up from the Representatives,
that 600?. be paid out of the Public Treasury to H.E.
Joseph Dudley for his service as Governour and for
house rent for the present year beginning from the time
of H.E.'s arrival, the 5001. granted last session to H.E.
being part thereof. The Board resolved that they
were not satisfied with the provision offered as a suitable
maintenance for H.E. Resolve sent down to the
Representatives for their reconsideration. And see
Col., 1702, Nov. 11.
Nov. 14. Resolve sent up from the Representatives
that another 100?. be allowed H.E. The Council
expressed their disapprobation, and returned the resolve
for reconsideration.
Nov. 18. The Representatives sent up the above
resolve unaltered. The Council resolved that this
resolve having been sent down to the Representatives
with a message from the Board to move their recon-
sideration thereof, and the 500?. therein mentioned
being a present to H.E., and not to be considered in
this matter, and the 2001. expressed to be for H.E.
service as Governor being very much below the dignity
of his station and dishonourable to this Government ;
the Representatives not seeing fit to have reconsideration
thereof, the Council desire H.E.'s acceptance of the
said 200?. at present, in hopes the Assembly will have
further consideration of that matter hi another session
and do that which is proper and honourable for the
Government. Endorsed as preceding. 14 J pp.
31. iv. Copy of Proclamation appointing Oct. 22 a day of
Public Fasting and Prayer throughout the Massachusetts
Bay " to implore the Divine Mercy, that H.M. life and
health may be long continued and her just arms pros-
pered for subduing the exorbitant power of France ;
AMERICA AND WEST INDIES. 43
1702.
that her provinces and territories in America may be
preserved and defended ; the present infection removed
from our neighbours and ourselves etc. Signed, J. Dudley,
Boston, Oct. 1, 1702. Printed. 1 p.
31. v. Proclamation for a General Thanksgiving on Dec. 10,
throughout the Massachusetts Bay, " Whereas it hath
pleased Almighty God to preserve the sacred person
of Her most excellent Majesty Queen Anne, and
continued the happy union between H.M., her allies
and confederates, and prospered her arms the year
past, and hath also by H.M. most gracious settlement
of this Province under her Royal protection and the
present administration of the Government, preserved
us from any inroad or depredation by the enemy, and
hath succeeded our just endeavours hi obedience to
H.M. Royal Commands against the French, the
implacable enemy of the Protestant Religion and the
Peace of Europe, and hath given us a plentiful harvest,
notwithstanding the unseasonable weather in the summer
past, and good health in most parts throughout the
Province." Signed, J. Dudley, Cambridge, Nov. 21,
1702. Printed. 1 p.
31. vi. Memorandum of Act of the Massachusetts Bay,
empowering persons to make sale of a messuage and
lands in Cambridge belonging to the heirs of Nathaniel
Goodkin, clerk, deed., being minors, Oct. 15, 1702. J p.
31. vii. Memorandum of 8 Acts of the Massachusetts Bay,
passed May 27-Oct. 15, 1702. J p.
31. viii. Memorandum of an Act of the Massachusetts Bay
to enable Samuel Sewal and Hannah his wife to settle
certain lands at Muedy River in the County of Suffolk
upon Samuel Sewal their eldest son. Oct. 15, 1702. J p.
[C.O. 5, 863. Nos. 5, 5.i.-viii.]
Dec. 10. 32. Governor Dudley to the Council of Trade and Plantations.
Duplicate of preceding letter. Endorsed, Reed. Nov. 20, 1703.
[C.O. 5, 863. No. 6 ; and 5, 910. pp. 479-490.]
Dec. 10. 33. Council of Trade and Plantations to the Queen. We
Whitehall, humbly lay before your Majesty the Act passed in the General
Assembly of St. Christophers, June 18, 13 William III, for settling
H.M. part of this Island. Quote objections of the Attorney
General, q.v. [Cal., 1702.] For which reasons we humbly offer that
your Majesty would be pleased to signify your disallowance
of the said Act. Signed, Weymouth, Dartmouth, Ph. Meadows,
John Pollexfen, Matt. Prior. [C.O. 153, 8. pp. 128-130.]
Dec. 10, 34. Minutes of Council of Barbados. Capt. Hovenden Walker,
H.M.S. Bur ford, attending produced bis order relating to the
forces under his convoy, and then moved this Board that
the sick men might be brought on shoar and taken care of ; that
the land forces might likewise be brought on shoar and encampt,
44 COLONIAL PAPERS.
1702.
having tents for that purpose, and that they should be supplied
with provisions from the ships ; that some of the ships under
his command might be sent down to lie off Martinico, to keep
out their privateers and other vessels from going in there ; that
some small vessels might be sent with them to cruise ; that notice
be sent to Col. Codrington of the arrival of our forces here. All
wch. proposals were agreed to. Ordered that the forces be
encamped on the land of Judge Buckworth, who offered the same
for this service.
Proclamation ordered prohibiting the selling of rum etc. to the
soldiers.
The Hon. Samuel Cox, who had undertaken to advance money
for the sick and wounded seamen, said that it was impossible
to take due care of them at Is. per week, everything being
extraordinary dear here, and prayed leave to advance 3d. more
per week for each man. Ordered accordingly.
The President acquainted Capt. Walker that he was informed
Lt. Caesar Brooks (who had killed Major Wm. Edwards on shoar)
was on board his ship, notwithstanding a warrant issued for
apprehending him. He answered that he had kept him close
prisoner, and he should be forthcoming when demanded for his
trial.
Mr. Hart and Mr. Roberts attending with the Articles that are
agreed on between the Governors of Martinico and this Island,
said that they had brought up all the English prisoners, and
that the French had sent up a sloop to carry down the French
prisoners that are here.
Ordered that the French Flag of Truce have his dispatches
forthwith to return with the French prisoners to Martinique.
[(7.0. 31, 6. pp. 320-322.]
Dec. 10. 35. Minutes of Council of Bermuda. H.M. Order about
Col. Day read. Whereupon it is the unanimous opinion of this
Board that all due obedience be paid to the said Order, and that
it be left hi the Secretary's Office, and copies given, if desired.
H.M. Order for continuing the use of the Public Seal, read.
Ordered that the Secretary write to the Collector of Carolina
to return a copy of the clearings of the Shadow from this place,
and under what circumstances she came.
A protest from Mr. Larkin against the Governor and Council's
proceedings in putting off an Admiralty Court, Sept. 30, for
denying copies of Minutes, taking affidavits in his absence, and
against H.E. for imprisoning and detaining him [read].
It is the opinion of this Board that the Governor may grant
out Commissions for privateers or others against H.M. enemies.
[C.O. 40, 2. p. 52.]
Dec. 11. 36. Capt. Summers to the Earl of Nottingham. Reports
Port Boyal in delivery of pacquets at Barbados and Jamaica, after an engage-
Jamaica. men t w ith a privateer at Martinico about 10 leagues off Barbados.
Signed, Robt. Summers. Endorsed, R. Feb. 6, 170f. Addressed
and sealed, i p. [C.O. 137, 45. No. 33.]
AMERICA AND WEST INDIES. 45
1702.
Dec. 11. 37. Council of Trade and Plantations to the Earl of Notting-
Whitehall. ham enclosing two Addresses from the Inhabitants of New York
to be laid before H.M. Signed, Weymouth, Ph. Meadows,
Jno. Pollexfen, Mat. Prior. [(7.0. 5, 1119. p. 246.]
Dec. 11. 38. J. Burchett to William Popple. Enclosing petitions.
Admiralty " Since they very much differ in their proposals, H.R.H. desires
fice- that the Lords Commissioners for Trade will consider thereof
and let him have their opinion" etc. Signed, J. Burchett.
Endorsed, Reed. Read Dec. 14, 1702. 1 p. Enclosed,
38. i. Petition of Merchants, trading to Virginia and Maryland,
to H.R.H. George Prince of Denmark, Lord High
Admiral. We unanimously concur with Governor
Nicholson's opinion that the fleet from Virginia ought
not to be detained there longer than March or April,
in order to avoid sickness of men occasioned by the
summer season, and damage to their ships by the eating
of the worms, several instances of which we have fresh
before us. In order to put this good proposition into
practice, we offer, that the properest time for the fleet
to go from hence is in June, or July at furthest, yearly
during the war. And since by the late arrival of our fleet,
which will not be all unloaden until near Christmas,
should we be directed to send them out again, we cannot
make them ready before March or April, and then we
should not only fall into all those inconveniences, which
the Governor hath so wisely endeavoured to avoid, but
contravene the Government in its demands for men
the next summer service. And that all traders to that
Colony may be put upon a level, that next June or
July may be the time proposed for our fleet to sail,
for by this means we shall come into a proper course
of trade during this war ; and that the traders, who for
the publick interest are conformable hereunto may
not be surprized and undermined by any who by entering
their ships to other places, may go to Virginia and
Maryland to lade, we pray that the Governors of Virginia
and Maryland may be directed to imbarge all such
ships whose clearing in England shall not be dated
before your Royal Highness's Resolution, until the
Fleet from hence may arrive there, that they may
come home with convoy together. Oct. 23, 1702.
12 Signatures. 3 pp.
38. ii. Petition of Merchants of London trading to Virginia
and Maryland to H.R.H. George Prince of Denmark.
There are now about 80 sail of merchants' ships in
Virginia and Maryland, as also several others fitting
out for the said places, for the security whereof we
humbly pray that a convoy may be appointed to depart
England by the last of January with orders to bring
home all such ships as shall be loaden in the said
Plantations by June 30, If any should not be then
46 COLONIAL PAPERS.
1702.
ready, that some of the inen-of-war may have Instructions
to stay for them till Aug. 14, or that directions may be
given the Governors that no ships be detained there
by embargo. 22 Signatures.
38. iii. Petition of London Merchants trading to Virginia
and Maryland to the Queen. Duplicate of No. i., supra.
Concludes : We would most humbly pray that the
Governors of Virginia and Maryland may be directed
to embarg all such ships who shall not be cleared to
sail by the 25th of March, in order to oblige them to
come home with the next convoy. Nov. 3, 1702.
12 Signatures. 2 pp. [C.O. 5, 1313. Nos. 4, 4. i.-iii. ;
and 5, 1360. pp. 329-336.]
Dec. 11. 39. Journal of Council of Trade and Plantations. Letter
Whitehall, to Lord Nottingham, signed.
Copies of Commissions for Major Ingoldsby, to be Lieut.-Governor
of New York and Lieut.-Governor of New Jersey, read.
[C.O. 391, 15. pp. 317 ; and 391, 96. No. 200.]
Dec. 11. 40. Copy of the Cartel settled between Barbados and
Martinique. Martinique for restoring the prisoners on both sides. All French
prisoners brought into Barbados shall be sent into Martinique
when they amount to 25 or more, and English subjects brought
into Martinique sent to Barbados similarly. Prisoners to be
well provided for in the meantime. The English of Antegoa,
Nevis, and Jamaica shall not be comprehended in the present
Treaty, and if the French detain the English who belong to the
other governments prisoners, no breach of the present Treaty
shall be imputed. The Flags of Truce which shall be sent from
one another for the transportation of prisoners, or other affairs
relating to the interest of each government, shall not be stopt
or detained upon any pretence whatsoever, but shall be dis-
patched forthwith and the officers therein have liberty to depart
when they shall think fit. The present Treaty shall be ratified
by the French and English Governors respectively on their
arrivals, and afterwards sent to His Most Christian Majesty and
the Queen of England for their approval. Signed, W. Hart,
Wm. Roberts. Given in French and English. [C.O. 319, 1.
pp. 135-140.]
Dec. 12. 41 . Governor Lord Cornbury to the Council of Trade and
New York. Plantations. Since I answered your Lordships' letter of July 14,
yours of July 16th came to my hands. In reply : For some time
after my coming hither, I heard that Capt. Nanfan had made a
very odd bargain with Col. D'Peyster, about 500/., for which
I was told that he had drawn bills upon the Treasury in England.
I asked him about it. He told me Mr. Romer wanted money
to go on with a stone fort at Albany, and that he had taken up
some money here, and had drawn bills upon the Lords of the
Treasury for it according to directions received from your Board.
I found he was unwilling to give me so full an account of that
AMERICA AND WEST INDIES. 47
1702.
matter as I could wish, soe I prest him noe farther at that time,
but upon inquiry elsewhere I found the bargain to be thus :
Col. D'Peyster was to have bills from Capt. Nanfan for 500?. sterl.,
for which D'Peyster was to pay down immediately 200?. currant
money of New York, and when the bills were accepted and paid
in England, then D'Peyster was to pay down 300?. more currant
money. The 200?. was delivered to Romer, and has been since
employed in the beginning of a fort at Albany. I doe assure
you that noe such bills shall be drawn by me for the future, and
I look upon it as one of the greatest misfortunes that could befall
me that I did not receive your orders sooner, because I should
then have drawn noe such bill at all, whereas upon finding the
necessity of carrying on the Fort at Albany, I did draw bills
upon the Commissioners of the Treasury (not knowing that my
Lord Godolphin was Lord High Treasurer) for 376?. sterl., for
which bills I have received 500?. currant money of New York.
If in this I have done amiss, I hope your Lordships will believe
it only my zeal for the service that made me doe it, and indeed
if I had not found orders for drawing, and those orders not
contradicted, I should not have presumed to draw at all, but
for the future, I shall expect your directions, and intreat your
favourable interpretation for what I have done. As for a survey
of the fortifications in this Colony, I refer you to my letter of
Sept. 24th, by which you will see how much this poor Province
wants the assistance of H.M. favour, espetially considering that
I find this Province near 10,000?. in debt, abundance of warrants
standing out against the Government and not one farthing of
money in the Commissioners' hands to pay those debts, and
what is very unhapy for me, is, that this is our condition at the
beginning of a war. Signed, Cornbury. Endorsed, Reed.
Feb. 5th, Read March 8, 170f. Holograph. 3 pp. Enclosed.
41. i. Abstract of preceding, f p. [C.O. 5, 1048. Nos. 3,
3. i. ; and (without abstract) 5, 1119. pp. 407-411.]
Dec. 12. 42. Governor Lord Cornbury to the Council of Trade and
New York. Plantations. Your letters etc. of July 14, came safe to my
hands by the way of Boston, on the 5th instant. I assure you
I have always sent duplicates of mine, and shall continue to doe,
by the next opportunity, but few ships go directly from this
port to England, so that I must depend chiefly upon the Boston
and Philadelphia posts for conveying my letters to such ships
as may be going to England, and sometimes both those con-
veyances fail. I have very heartily aplyed myself to the work
[of composing the heats and animosities of the Province], and shall
continue using my utmost endeavours for the attaining the good
end that all honest men here desire. I am very sure I have
espoused neither party any farther than the Queen's service
and Justice has obliged me to doe ; and indeed this Justice I
must doe to the English, the generality of the French, and most
of the considerable men among the Dutch (who are the people
that have been oppressed these last four years) that they have
behaved themselves with great moderation, considering the
48 COLONIAL PAPERS.
1702.
great injuries many of them had suffered. I am afraid there
are some men in the other party who are not to be prevailed
with by reason ; they have been so bewitched by Atwood and
Weaver, that some of them yet say openly that it will be their
turn again shortly, and that as soon as Atwood and Weaver
arrive in England, they will be justified in all they have acted
here ; this being positively asserted by some of the chief men
of that party hinders some of the more ignorant of them from
seeing their error, however, I hope a little time will open their
eyes ; one of the things which has the most buoyed up that
party (I mean Leisler's faction) is the Act of Parliament passed
in England 1695, for reversing the attainder of Jacob Leisler,
by which Act they pretend that Leisler was intituled to the
Government of this Province by an Act of General Assembly,
and that he was since confirmed in the same by the late King's
letter, July 13, 1698 ; but the persons that solicited that Act in
England had not ingenuity enough to acquaint the two Houses
of Parliament that the Assembly which gave him that authority
was an Assembly called by himself after he had by violence
disposest the King's Lieutenant-Governor that then was, soe
that the authority he claimed was derived from a body of men
authorised by himself, who had noe power to call them together,
consequently an illegal Assembly, and I conceive no illegal Assem-
bly can grant a lawful authority. I am convinced that the afore-
mentioned Act of Parliament is the main foundation that faction
builds upon, and I do really believe that if an Act of Parliament
were passed in England to explain that Act of 1695, it would
contribute more to the quieting the disturbances here then any-
thing else can doe, for till then, they say that Leisler was a lawful
Governor, and that the Parliament of England have declared
him soe ; though I am pretty well assured that the Parliament
of England certainly intended not to justifie the plain open
rebellion of the father, but only to do an act of favour to the son,
who was not guilty of the father's crime ; but another use has
been made here of that Act. Refers to previous enclosures.
Mr. Attorney General Broughton was not actually suspended,
but I think worse used, for he was left in the possession of his
place, but was suffered to do no businesse in it, for Mr. Weaver
was made Solicitor General, and all references that ought properly
to have been made to the Attorney General, were made to the
new Solicitor. However, I have acquainted him with H.M.
favour to him, and he has desired it may be recorded in the
Secretary's Office, which is done. I have received the cloathing
sent over by Mr. Champante, and indeed they came very
seasonably, for our men were perfectly naked, and the weather
began to be very cold. Mr. Champante did not think fit to
consign the clothing to me, but to Capt. Nanfan ; he has not
sent over any account of what the clothing amounts to ; he has
sent no invoice, but only a scrap of paper with the numbers and
marks of the parcels. I dare assure you he has sent the worst
cloathing that ever was put upon souldiers' backs. I have
seen a great deal of clothing in my time, but I never saw so
AMERICA AND WEST INDIES. 49
1702.
bad in my life. I sent for some of the chief merchants here to
see them, and they are all of my mind. I have ordered one whole
cloathing to be sent over to my Agent, Mr. Thrale, to be laid
before your Lordships, and likewise an estimate made of it by
several of the ablest merchants here, by which you will best see
how Mr. Champante has used us. Besides, he has sent us noe
watch-coats, without which there is noe living for a centry
here, besides he has sent noe swords nor belts, nor daggers, nor
buckles for shoes, and yet I hear he calls this a double clothing.
Signed, Combury. Endorsed, Reed. Feb. 5th, Read March 8, 170f .
Holograph. 4 pp. Enclosed,
42. i. Abstract of preceding. 1J pp.
42. ii. Estimate made by some merchants of New York of
the clothing sent over for the soldiers of New York.
Nov. 4, 1702. Signed, C. Woolley, James Weems,
Mathew Shanke, John Riggs, John Person, Caleb Cooper,
John Barbaric, Matthew Ling, Benj. Aske, Richd. Willett,
P. Fauconnier. Endorsed, Reed. Feb. 5th, 170f . 3J pp.
\CO. 5, 1048. . Nos. 2, 2.i., ii. ; and (without enclosures)
5, 1119. pp. 401-407.]
Dec. 12. 43. Mr. Broughton to the Council of Trade and Plantations.
New York. Expresses his gratitude for their Lordships' so great concern
for him. My dutiful behaviour to the late Lieut.-Governor kept
me so well in his favour that he did not suspend me from my
office or salary, though in my own hearing at the Council Board
the latter was, upon occasion of my opinion only, in great heat and
passion moved against me by the then Chief Justice Atwood. But I
could not have supported myself many days longer, had not the
most happy arrival of H.E. brought deliverance to the Province,
etc. So great and good a change is wrought amongst us since
H.E.'s arrival, that the magistracy here hath now put on so
sweet a face and countenance towards us, as gives us all hopes
of safety and protection. Begs that his Commissions of Attorney
and Advocate General may be renewed etc. Signed, Sa. Sh.
Broughton. Endorsed, Reed. 1st, Read April 5, 1703.
Holograph. 2J pp. [C.O. 5, 1048. No. 4 ; and 5, 1119.
pp. 453-456.]
Dec. 13. 44. Mr. Broughton to Mr. Popple. Refers to the renewing of
New York, his Commission etc. Signed, Sa. Sh. Broughton. 2 pp. [C.O. 5,
1048. No. 5; and 5, 1119. pp. 457, 458.]
Dec. 14. 45. J. Burchett to William Popple. Enclosing petition of
Admiralty Virginia Merchants. Signed, J. Burchett. 1 p. Enclosed,
45. i. Memorial of Merchants trading to Virginia and
Maryland. Refer to Petition, Dec. 11, No. i. Pray that
" We may not be disappointed of a sufficient convoy
for our intended fleet, of which a list is annexed."
Dec. 14, 1702. 30 Signatures. 1 p. Annexed,
45. ii. List of ships now at home, belonging to the Trade of
Virginia and Maryland, intending for the fleet to sail,
C 4
50 COLONIAL PAPERS.
1702.
July 1st, 1703. Names of 65 ships. Besides, we expect
above 20 sail home to sail with the above, or must hire
other ships to make up the complement of 80 sail. 1 p.
[C.O. 5, 1313. Nos. 5, 5.i., ii. ; and 5, 1360. pp. 330,
336-339.]
Dec 14. 46. Earl of Nottingham to the Council of Trade and
Whitehall. Plantations. I have laid before the Commissioners of Council
the Addresses from New York, and I am to desire you, if you have
any accounts of the proceedings of Mr. Atwood and Mr. Weaver,
to transmit them to me, or, if not, that you will let me know
when any such come to your hands. Signed, Nottingham.
Endorsed, Eecd. Read Dec. 15, 1702. 1 p. [C.O. 5, 1047.
No. 80; and 5, 1119. pp. 248, 249.]
Dec. 15. 47. William Penn to f? the Council of Trade and Plantations].
Honble. Friends. I herewith send you the Body of the Laws
I promest, and pray their speedy refrence to the Attorney or
Solicitor Generall's perusall and report. I also begg the year's
approbation may be from the day of its arrivall, or the time may
happen to be half expired before it comes to hand, and you will
oblige Your Faithfull Friend to serve you, Wm. Penn. Endorsed,
Reed. 16th Dec., 1702. Holograph. 1 p. [C.O. 5, 1262. No. 13 ;
and 5, 1290. pp. 279, 280.]
Dec. 15. 48. William Popple to Mr. Thurston. Enclosing for his
Whitehall, particular replv against Friday morning, the following account.
[C.O. 195, 3. p. 125.]
[Dec. 15.] 49. Account of 57 days' pay due to Capt. John Powell and
disbursements made by him for H.M. service in Newfoundland.
Total, 2241. Ss. lOd. Signed, Jon. Powell. Endorsed, Reed. Read
Dec. 15, 1702. 1 p. [C.O. 194, 2. No. 88; and 195, 3.
pp. 124, 125.]
Dec. 15. 50. William Popple to Mr. Champante. The Council of
Whitehall. Trade and Plantations having perused the letter from Capt. Nanf an,
relating to the arrests that have been laid upon him at New York,
desire you to lay before them a stated account of the subsistence
money received for the four companies there from the time that
you have been Agent to the Earl of Bellomont till the time of the
Lord Cornbury's arrival in that Province. [C.O. 5, 1119.
pp. 251, 252.]
Dec. 15.
Whitehall.
51. William Popple to Mr. Thrale. The Council of Trade
and Plantations desire you to lay before them an account of the
subsistence money that has been returned to the Lord Cornbury
for the four companies at New York, with a state of their account.
[C.O. 5, 1119. p. 251.]
Dec. 15. 52. William Popple to Micajah Perry, desiring his attendance
Whitehall, on the Board to-morrow. [C.O. 5, 1360. pp. 339, 340.]
AMERICA AND WEST INDIES. 51
1702.
Dec. 15. 53. Journal of Council of Trade and Plantations. Letter
Whitehall, from Capt. Nanfan, Oct. 5, read. Thereupon ordered that the
Secretary write to Mr. Champante and Mr. Thrale for accounts.
Two letters from Mr. Burchet, Dec. 11 and 14, with enclosed
petitions, read. Ordered that Mr Perry, one of the chief petitioners,
have notice to attend the Board, together with others concerned
with him, to-morrow.
Capt. Powell laid before the Board an account of 57 days' pay
due to him, and of disbursements made by him for H.M. service
in Newfoundland. Ordered that a copy be sent to Mr. Thurston,
Agent for the soldiers there, for his particular answers against
Friday morning next.
Letter from the Earl of Nottingham, desiring that any accounts
of the proceedings of Mr. Attwood and Mr. Weaver, received
by this Board, may be transmitted to him, read. Ordered that
the papers relating thereunto be laid before the Board to-morrow.
Dec. 16. Ordered that Sir Richard Levit and others concerned with
him, as likewise Sir Wm. Dane, Mr. Clayton, Mr. Burridge, and
Mr. Johnson, have notice to attend the Board to-morrow in
relation to the convoy to be sent to Virginia and Maryland.
Ordered that Mr. Champante and Mr. Thrale have both of them
notice that the accounts desired from them are to be of all money
received by them, as well pay as subsistence of the 4 companies
at New York, or otherwise, as also of the cloathing during their
Agency.
Sir William Phippard, Mr. Perry, Col. Parks and divers other
persons concerned in the Virginia trade, attending in reference
to their petitions, these were read. They declared that they
departed from their first desire of having any embargo laid upon
ships in Virginia and Maryland by the Governors of those countries,
and that they had nothing to object against the sending a convoy
thither in January or February next, as desired by others, to
bring home the ships that are there or that may be ready to sail
from hence with the said convoy ; only they insisted that, if
such convoy be sent (to) [? it] may not hinder their having
another convoy of 4 or 5 men-of-war to part from hence in July
next with the ships that may be then ready, which they said
would be the much more considerable Fleet, and carry with them
great quantities of English manufactures necessary for the sub-
sistence of the country which cannot possibly be sooner ready,
and that this convoy desired by them may remain in Virginia
during the winter and return home in the Spring. They were
told that their Lordships would hear the other side to-morrow,
and both together on Friday.
The Secretary, by order of the Board, writ to Mr. Burchet,
to desire to know what probability there is of any accidental
convoy from the West Indies to call at Virginia and bring home
the ships that may be there, and further to desire that
Col. Nicholson's letter to the Earl of Nottingham, which gave
occasion to those petitions, may be communicated to this Board.
Dec. .17. The draught of a Charter lately received from Mr. Wharton
to incorporate Sir Matthew Dudley and others for bringing
52
COLONIAL PAPERS.
1702.
Naval Stores from New England was read. Letter writ by the
Secretary to Mr. Wharton.
Letter from Mr. Burchet, Dec. 16, with enclosed petition,
read.
Mr. Richard Levitt, Mr. Yates, Mr. Clayton, Mr. Johnson,
Mr. Haistwel, Mr. Hately, and others concerned in the Virginia
Trade, attending according to appointment, insisted upon their
desire that a convoy (which they now proposed might consist
of 5 men-of-war) may be ready to sail out of the Downes before
the last of January, and take along with them such ships as
shall be then ready to sail for Virginia and Maryland, with
directions to stay there till the end of June or 10th of July at
the very furthest ; and as for the convoy desired by Mr. Perry
and others petitioning with him, to sail in July, these Gentlemen
declared that they are not against another convoy, but that
in their opinion July would be a very improper season ; and all
agreed that October would be the most fit time for the setting
out of their ships yearly, so long as the war shall last. As for
stopping the ships in Virginia and Maryland that may not be
ready against the time appointed for the convoy's return, until
the opportunity of some other convoy present, they did not
all of them agree in that point, but the greatest part of them
submitted to it as reasonable. After which they were acquainted
with their Lordships' resolutions [to] hear both them and the
other petitioners together to-morrow in the afternoon, and desired
to attend accordingly.
Papers relating to Mr. Attwood and Mr. Weaver were laid
before the Board and a letter writ to enclose theirs to
Lord Nottingham. Mr. Hoskins acquainting the Board that
he is appointed Attorney General for Jamaica, and offering his
service in what their Lordships might think fit to command
him there, he was desired to bring hither a copy of his Commission
or Patent.
Letter from Mr. Perm, enclosing the body of the Laws of
Pennsylvania etc. read. [C.O. 391, 15. pp. 318-327 ; and
391, 96. Nos. 201-203.]
Dec. 16. 54. William Popple to Josiah Burchett. The Council of
Whitehall. Trade and Plantations desire to know what probability there is
of any accidental convoy from West Indies to call in at Virginia
and convoy home the merchant ships that may happen to be
there. \C.O. 5, 1360. pp. 340, 341.]
Dec. 16. 55. J. Burchett to W. Popple, enclosing for the consideration
Admiralty of the Council of Trade and Plantations, the following petition,
" received this morning." Signed, J. Burchett. Addressed.
% p. Enclosed,
55. i. Petition of Merchants trading to Virginia and Maryland
from the Ports of Bristol, Exon, Chester, Liverpool,
Whitehaven, Barnstable, Biddiford, Bridgewater, Lime
etc., to H.R.H. the Prince of Denmark, Lord High
Admiral. There are now about 80 sail of merchants'
AMERICA AND WEST INDIES. 53
1702.
ships in Maryland and Virginia, as also several others
in the Ports abovesaid ready and now fitting out for the
said places. Pray for a convoy to depart England by
the last of January, with orders to bring home all such
ships as shall be there loaden by June 30. And in case
any ships should not then be ready to come for England,
we pray that one or more of the men-of-war may have
Instructions to stay for the said ships till Aug. 14,
or that directions may be given to the Governors of
those Colonies that no ship be detained thereby.
13 Signatures. Endorsed, Reed. Read Dec. 17, 1702.
1 p. [C.O. 5, 1313. Nos. 6, 6.i. ; and 5, 1360.
pp. 341, 342.]
Dec. 16. 56. Minutes of Council in Assembly of Barbados. Col. Bristow
and other officers of the land forces attending, said that it would
be very prejudicial to the men to be encamped in this Island,
and desired that they might be billeted or some other way
provided for, until they receive orders from England. They
were answered that the same should be recommended to the
Assembly.
Some of the forces being arrived which were mentioned by
the Earl of Nottingham's letter, this Board are of opinion that
it is proper to shew the same to the Assembly, that they may
consider thereof and provide men accordingly.
Petition of Richard Baynes for money for maintaining three
French prisoners recommended to the Assembly.
Richard Baynes paid for cleaning and keeping the house in
James Fort.
Joint Committee appointed to provide for the reception of the
Governor and the Earl of Peterborough.
The Assembly attending, the President proposed to them to
provide a Law for quartering the land forces, and delivered
them Lord Nottingham's letter of Oct. 7, and enjoined them to
be as secret as possible. He referred to the reception of the
Governor, and said that it was usual for him to be maintained
at the public charge till a house was ready for his reception.
He said that there was a necessity for a small vessel to be always
ready to send for, or give intelligence as occasion shall require,
and that Col. Codrington have notice of the arrival of the forces
here ; that care be taken to fit out the Larke brigantein again,
and that the men be paid off for their last cruise. He acquainted
them that the Hon. Samuel Cox had above 300 sick seamen
to take care of ; that he had several orders on the Treasurer for
money, but could not get them paid, without which he was not
able to continue providing for them any longer, and therefore
desired those orders might forthwith be paid. The Assembly
withdrew.
Petition of Samuel Cox referred to the Assembly.
The Assembly returning, proposed the following answers to
'above suggestions : (1) That if the officers shall think fit, the
land forces now imported may be lodged in the several forts,
54
COLONIAL PAPERS.
1702.
Dec. 16.
Dec. 17.
Admiralty
Office.
Dec. 17.
Whitehall.
and they may be maintained out of the Queen's stores imported
in the several ships, for that by reason of the extraordinary
scarcity of all sorts of provisions, as well salt as fresh, this Island
is altogether incapable to furnish them with provisions, without
recruits shall happen to be speedily brought in. That the Speaker
desire the President and Council to make application to the
proper officers for the prevention of all mischiefs by the soldiers
injuring one another, as well as poor people travelling on their
lawful occasions, that all the private sentinels do leave all their
arms on board the respective ships in which they were imported.
(2) That accommodation be prepared for the reception of
the Governor etc. not exceeding 100/. sterl. and that the President
and Council appoint Commissioners to provide the same.
(3) That a small vessel be taken up for sending intelligence to
General Codrington of the state of our present affairs.
The Speaker said they had considered the Earl of Nottingham's
letter but had nothing to offer on that occasion, and added that
care is taken for fitting out the brigantine Larke and paying off
the men by a Bill for that purpose ; also that their House had
agreed to buy up certain stores for the reception of the Governor.
Ordered accordingly. [C.O. 31, 6. pp. 322-328.]
57. Journal of Assembly of Barbados. The House met by
special summons from the President. Some absentees were
fined. See preceding abstract. Resolved that a Bill be prepared
embodying the resolutions of the House given in preceding, and
that the power given to the former Commissioners for taking
up vessels of war cease.
Address for the payment of 1,300?. sterl. to Capt. Thomas for
the loss of the Madeira passed. [C.O. 31, 7. pp. 13-16.]
58. J. Burchett to Mr. Popple. In answer to preceding.
Orders are given to the Southampton, which now attends on
Virginia, to repair to England with the Trade ready to accompany
her from thence, and that there is not a prospect of any other
convoy till such times as those ships arrive which shall be sent
from hence. Signed, J. Burchett. Endorsed, Reed. Read Dec. 18,
1702. 1 p. Enclosed,
58. i. Extract of letter from Governor Nicholson to the
Earl of Nottingham, relating to convoys. July 23, 1702.
Copy. J p. [C.O. 5, 1313. Nos. 7, 7.i. ; and 5, 1360.
pp. 343, 344.]
59. William Popple to William Wharton. The Council of
Trade and Plantations having perused the draught of the Charter,
desired by Sir Mathew Dudley and others for bringing Naval
Stores from New England, which you lately sent me, desire
you to acquaint them that not finding therein any express proposal
of the sorts and quantities to be brought over in some certain
limited time, nor any obligation upon the undertakers to the
effectual performance of what they pretend to, as neither any
provision against stock-jobbing ; they do think it necessary to
AMERICA AND WEST INDIES. 55
1702.
have before them the proposals which those Gentlemen shall
think fit to make of those kindes, before they enter into the
consideration of the articles desired. [C.O. 5, 910. p. 304.]
Dec. 17. 60. J. Thurston to Mr. Popple. Enclosing the following,
" a full answer to the complaints of this year." Signed,
J. Thurston. Endorsed, Reed. 18th, Read Dec. 22, 1702.
Holograph. 1 p. Enclosed,
60. i. State of the cloathing of the Company of Foot at
Newfoundland, 1698-1702, with several affidavits as to
the making and dispatch of the said clothing at the
direction of J. Thurston. Dec. 13, 1702. Also an
Account of the subsistence sent over by the said Agent,
who for his four years' work has only received 40Z. etc.
14 pp. [C.O. 194, 2. Nos. 89, 89.i. ; and 195, 3.
pp. 130-143.]
Dec. 17. 61. Council of Trade and Plantations to the Earl of
Whitehall. Nottingham. Enclosing papers relating to Mr. Atwood and
Mr. Weaver. Signed, Weymouth, Rob. Cecill, Ph. Meadows,
Wm. Blathwayt, Jno. Pollexfen, Mat Prior. Annexed,
61. i. List of papers referred to. [C.O. 5, 1119. pp. 252-254.]
Dec. 17. 62. William Popple to John Champante. The account the
Whitehall. Council of Trade and Plantations desire of you [Dec. 15] is not
only of the subsistence money for the soldiers at New York,
but also of their pay, and of all other money whatsoever that has
been received by you for the service of the Crown during the
government of the Earl of Bellomont and of Capt. Nanfan, and
also of the cloathing provided and sent for them during the same
time. [C.O. 5, 1119. pp. 254, 255.]
Dec. 17. 63. William Popple to Mr. Thrale. The account the Council
Whitehall, of Trade and Plantations require of you [Dec. 15] is of all money
received by you for the service of the Crown and of the cloathing,
provided and sent for the soldiers, as preceding, since the Lord
Cornbury has been constituted Governor. [C.O. 5, 1119. p. 255.]
Dec. 17. 64. J. Thurston to William Popple. Enclosing comments
upon Capt. Powell's demands ; only two of the articles in any
way concern the Agent. Signed, J. Thurston. Endorsed,
Reed. 18th, Read Dec. 22, 1702. Holograph. 1 p. Enclosed,
64. i. Mr. Thurston's answer referred to in preceding.
Dec. 18, 1702. Signed, J. Thurston. 5 pp. [C.O. 194,
2. Nos. 90, 90. i. ; and 195, 3. pp. 126-130.]
[? Dec. 17.] 65. Saml. Allen to the Council of Trade and Plantations.
Statement of Claim and Petition as in following. Signed,
Saml. Allen. No date or endorsement. 5 pp. [C.O. 5, 862.
No. 140 ; and 5, 910. pp. 323-330.]
56 COLONIAL PAPERS.
1702.
Dec. 17. 66. Order of Queen in Council. Referring Petition of Samuel
St. James's. Allen to the Council of Trade and Plantations to examine and
report upon. Signed, John Povey. Endorsed, Reed. 24th,
Read Dec. 31, 1702. Annexed,
66. i. Petition of Samuel Allen to the Queen. Repeats claim
to the Proprietorship of New Hampshire through
the title of Robert Mason. Prays H.M. to direct the
Governor to permit petitioner to have and enjoy the
waste and unimproved lands therein. Copy. 2 pp.
[C.O. 5, 862. Nos. 139, 139. i. ; and 5, 910. pp. 318-322.]
Dec. 17. 67. Order of Queen in Council. Upon Representation of
St. James's. Dec. 3, approving Act of New Hampshire accordingly. Signed,
Edward Southwell. Endorsed, Reed. 20th, Read March 23, 170f.
1 p. [C.O. 5, 863. No. 7 ; and 5, 910. p. 443.]
Dec. 17. 68. Order of Queen in Council. Approving Representation
St. James's, of Dec. 8 (q.v.) and affirming the judgment given in the Superior
Court of Judicature in New Hampshire, Aug. 3, 1700 ; but, in
regard the said Judgment is not final in its nature, ordered that
the Appellant be left at liberty to bring a new action in ejectment
in the Courts in New Hampshire in order to try his title to the
Propriety of the Lands in question, or certain Quit-rents payable
out of the same, and that, in case upon such trial any doubt
in Law shall arise, the Jury be directed to find the matter specially,
that is what title the Appellant and Defendant do severally make
out to the said lands in question, and that the point in law be
reserved to the Court before whom the same shall be tryed, or
if upon such tryal any doubt shall arise concerning the evidence
given at such tryal, such doubts are to be specially stated and
taken in writing, to the end that in case either party shall think
fit to appeal to H.M. in Council, H.M. may be more fully informed
in order to a final determination of the case, and the Governor
or Lieut.-Governor and Council and all other persons whom it
may concern are to take notice hereof and to govern themselves
accordingly. Endorsed, Reed. 15th, Read 18 Jan. 170f.
2 i PP- [C.O. 5, 862. No. 138 ; and 5, 910. pp. 357-360.]
Dec. 17. 69. Order of Queen in Council. Repealing the Act for
St. James's, settling St. Christopher's in accordance with Representation of
Dec. 10. Signed, Edward Southwell. Endorsed, Reed. Read
Jan. 4, 1702. Ij pp. [C.O. 152, 5. No. 15 ; and 153, 8.
pp. 131, 132.]
Dec. 17. 70. Council of Trade and Plantations to the Earl of
Whitehall. Nottingham. In answer to your letter of Dec. 14, we enclose
papers relating to Mr. Atwood and Mr. Weaver. Signed,
Weymouth, Rob. Cecill, Ph. Meadows, Wm. Blathwayt, John
Pollexfen, Mat. Prior. 1 p. Enclosed,
70. i. List of papers referred to above. 2J pp. [C.O. 5, 1084.
No. 12, 8.]
AMERICA AND WEST INDIES. 57
1702.
Dec. 18. 71. William Popple to Josiah Burchett. The Council of
Whitehall. Trade and Plantations will be able in two or three days to form
a Report upon the Petitions relating to the Virginia and Maryland
Trade ; they therefore humbly offer to H.R.H. that the Orders
going to the Southampton now in Virginia may be respited until
that time. [(7.0. 5, 1360. p. 346.]
[Dec. 18.] 72. List of London ships (37), belonging to the Trade of
Virginia and Maryland that will be ready for the convoy by the
latter end of January. There are besides several ships gone to
Lisbone, Berbadoes, Jamaico etc., which intend to load in
Virginia and Maryland. The owners of sundry ships mentioned
in the list designed to stay till July next, have declared that,
if a convoy be ready in January, their ships shall depart there-
with. Endorsed, Reed. Read Dec. 18, 1702. 1 p. Enclosed,
72. i. List of ships belonging to Liverpool gone and ready
to sail for Virginia and Maryland. 17 ships, besides 7
now at London. 1 p. \C.O. 5, 1313. Nos. 8, 8.i. ;
and 5, 1360. pp. 344-346.]
Dec. 18. 73. Journal of Council of Trade and Plantations. Letter
Whitehall, from Mr. Burchett, Dec. 17, read. Answer returned.
Sir Richard Levett and several merchants of London together
with Sir William Daws and divers other gentlemen concerned
in the Virginia and Maryland trade from the western ports,
on the one side, and Sir Wm. Phippard together with Mr. Peachey,
other merchants of London, on the other side, attending according
to appointment, both sides were heard, hi relation to the sending
of convoys to those parts and the return of the Trade from thence.
Those joined with Sir Richd. Levit, to shew the reasonableness
of their desire to have a convoy in January next, delivered in
lists of ships belonging to London and Liverpool, which will be
ready to sail at that time, amounting to 62, and added that
there would be above 25 more from Bristol, besides several others
that are already upon voyages abroad, and will repair to Virginia
or Maryland to return with that convoy. Mr. Perry and those
joined with him did not oppose the sending of that convoy in
January ; but pressed much that they may be assured of another
convoy in July ; whereupon the other side declared that, in
their opinion, July would be a very improper season ; yet both
agreed that, for the future, the fittest time for the sending of a
convoy yearly to those parts during the war would be about the
middle of August, and to return from thence yearly in the spring.
But as to the stopping of ships in Virginia and Maryland, which
may not be ready to come out with the convoy from thence,
until another opportunity of convoy should offer, they differed
in their opinions, and did not come to any agreement about it.
Their Lordships made some progress in preparing a report to
H.R.H. upon it. [C.O. 391, 15. pp. 328-330 ; and 391, 96.
No. 204.]
Dec. 21. 74. Governor Lord Cornbury to the Council of Trade and
New York. Plantations. Though I dispatcht the Benjamin on the 14th,
58 COLONIAL PAPERS.
1702.
yet the south-westerly winds have detained her here still, therefore
I take this opportunity to inform your Lordships that this after-
noon I received information from East Jersey that Col. Andrew
Hamilton had very lately held a meeting or Assembly in
East Jersey, which he calls the Governor of East and West New
Jersey assembled in Council ; in this Council so termed he has
thought fit to receive several petitions and to make several orders
upon them ; he has ordered a tract of land be assigned to
Lewis Morris, Esq., in consideration of his services when in
England. And he has ordered that the Quit-rents due by Morris
to the Proprietors for several tracts of land be allowed him.
I am told in a day or two I shall have a full account of the whole
matter. Signed, Cornbury. Endorsed, Reed. Feb. 5, Read
March 8, 1702 (1703). Holograph. 1 p. [C.O. 5, 1048. No. 6;
and 5, 1119. pp. 411, 412.]
Dec. 21. 75. Journal of Council of Trade and Plantations. Report
Whitehall, to H.R.H. the Lord High Admiral, relating to convoys for
Virginia, was now agreed.
Dec. 22. Above report signed and sent to Mr. Burchett.
Two Memorials from Mr. Thurston laid before the Board.
Mr. Thurston and Capt. Powel, attending, were called in.
Capt. Powel's account was discussed with him by the Board,
and observations made upon each article (enumerated).
Dec. 23. Letters from Lord Cornbury, Sept. 29 and Oct. 1, read. Their
Lordships resolved to take these and others laid before them,
Dec. 3, into consideration on the first opportunity.
Ordered that all Acts of the General Assembly of New York
past during the Government of Lord Bellomont and
Captain Nanfan, which have not been either confirmed or repealed
by the late King or her present Majesty, and upon which the
Lord Cornbury has yet made no remark, be referred to his
Lordship to be considered by him in Council at New York ;
and that he be desired accordingly to report his own and the
Council's opinion upon them.
Memorial of Richard Wibert and Shadrak Walton, read
Ordered that a copy be sent to Col Dudley that he may enquire
into the matter etc.
Memorial from Mr. Wharton, in answer to letter of Dec. 17,
read. Ordered that a copy of the Maryland Act for the estab-
lishment of Religious Worship in that Province, and for the
maintenance of Ministers, be sent to Mr. Eccleston and Mr. Wyoth
according to their desire. [C.O. 391, 15. pp. 331-336 ; and
391, 96. Nos. 205-207.]
Dec. 21. 76. Proposal for the Distribution of Prizes and Booty that
shall be taken in the West Indies. H.M. to have two-thirds of
the whole, except after deducting the tenths for the Lord High
Admirall, of all prizes taken at sea. The remaining one-third to
be divided into 16 parts, between the Admiral and General at
hand equally ^th ; Vice- Admiral and other General Officers, -fa ;
Cols., Lt.-Cols., Majors, Capts. at Sea and Land, Lieutenants at
AMERICA AND WEST INDIES. 59
1702.
sea and land, and Ensigns, ^ ; the rest of the non-commission
officers at sea and land and the seamen and soldiers, 8. Endorsed,
Reed, from Mr. Burchett, Dec. 21st, 1702. [C.O. 318, 3. No. 6.]
Dec. 22. 77. William Popple to Josiah Burchett. Enclosing following
Whitehall. Report to be laid before H.R.H. Annexed,
77. i. Council of Trade and Plantations to H.R.H. the Lord
High Admiral. Having considered the Petitions of the
Merchants of London, and of the Western Ports, trading
to Virginia and Maryland, and having at several times
heard the said Merchants together with some planters
and inhabitants of those Colonies, we humbly offer
that the trade of those Colonies, as well in relation to
H.M. Revenue as to the vent of the manufactures of
England and the returns in tobacco, does deserve a
most particular regard. And being informed that at
least fourscore ships are now lying in the rivers of
Virginia and Maryland, and that the like number will
be ready to go out from the several ports of this Kingdom
in January next, with the manufactures of England,
for the present supply of those Colonies, we humbly
conceive it highly requisite that a convoy of good
strength be appointed to sail from the Downs by the
end of January next with directions to call at the Chief
Ports between the Isle of Wight and the Lands End
for the merchant ships bound for those parts, and that
the said convoy be ordered to return from the Cape of
Virginia by the 1st or 10th day of July at the farthest
bringing with them to England such merchant ships
as shall be then ready to saile. This convoy the
merchants concerned do desire may consist of four or
five ships. And whereas some considerable merchants
of London have represented to us as necessary that
another convoy of the like force be sent to Virginia
and Maryland about the beginning of July next with
a fleet of merchant ships intended to sail about that
time, for the further supplying of those Colonies with
necessaries, and bringing away the product of those
parts, we likewise humbly conceive such a convoy
requisite for that service, to sail at that time, or at the
latest about the beginning of August, and return from
thence about the beginning of April following, to bring
home that year's crop ; which convoy may either
remain in the Rivers of Virginia and Maryland, or be
ordered to cruise during the winter season off of Barbados
and the Leeward Islands, or elsewhere within the Tropics
for the security of the Trade of those parts, in such
manner as your Royal Highness shall direct. The
necessary service of this year being taken care of, it
will only remain that a convoy be sent from England
to Virginia once a year during the war, the time of
the departure whereof will be determined by your
60 COLONIAL PAPERS.
1702.
Royal Highness as the circumstances of that trade shall
hereafter require for the furnishing those Colonies with the
manufactures of England, and bringing away in like
manner the product of those parts, without which
seasonable provision of convoys, the Colonies of Virginia
and Maryland may be necessitated during the war to
turn their industry from the trade of tobacco (so
beneficial to England) to the producing of European
manufactures, or to desert their plantations, which
being of such fatal consequence to our trade, ought to
be prevented by all possible means. Whatever resolu-
tions your Royal Highness may think fit to take in
this matter, it will be necessary that the same be
immediately signified to the Governors of Virginia and
Maryland by two advice-boats to be sent thither with
the greatest speed, and that the said Governors be
further enjoined by their Instructions from H.M. to
take care that no ships sail out of the Capes otherwise
than under convoy. Signed, Weymouth, Dartmouth,
Robt. Cecill, Ph. Meadows, Wm. Blathwayt, Jno.
Pollexfen, Mat. Prior. [C.O. 5, 1360. pp. 347-350.]
Dec. 22. 78. Account of money received by Mr. Thrale on account
of the Four Companies at New York, since April 1st, 1702. Reed,
at Lord Ranelagh's office 2,610Z. Remitted per bills to New York
at 30 p.c. advance 1,9501. 17s. Qd. Subsistance paid to
Col. Ingoldsby etc., 5021. 2s. 6d. By my Agency, 20Z. 15s. Qd.
As to clearings or offreckonings nothing hath bin received at the
Pay Office since my being Agent to the Lord Cornbury. As to
cloathing, none hath bin sent by the Lord Cornbury's Agents,
but the last that went was sent by Mr. Champante,
Lord Bellamont's Agent. Signed, Jno. Thrale. Endorsed, Reed.
Dec. 22nd, Read Jan. 4, 1702. 1 p. [C.O. 5, 1048. No. 7.]
[Dec. 22.] 79. Memorial from the People of the Bahamas to the Council
of Trade and Plantations, containing Articles against Elias Hasket,
their late Governor. Nassau, Oct. 5, 1701. Endorsed, Reed from
Mr. Graves, Dec. 22nd, 1702. Read Jan. 14, 170. 7 pp. Duplicate
of Cal. A. & W.I. 1702. No. 547. [C.O. 5, 1262. No. 14.]
[Dec. 22.] 80. Copy of Address of the People of Providence, desiring
Ellis Lightwood to take the Government upon him in the room
of Capt. Hasket. 120 Signatures. Endorsed as preceding.
Duplicate of Cal. A. & W.I. 1702. No. 1042, viii(o). 1 p.
[C.O. 5, 1262. No. 15.]
[Dec. 22.] 81 Account of the illegal tax of braziletta wood and other
exactions and extortions imposed on several inhabitants of
Providence by Capt. Hasket. Endorsed as preceding. 45 items.
Total value, 1,193Z. lls. Qd. 2 pp. [C.O. 5, 1262. No. 16.]
AMERICA AND WEST INDIES. 61
1702.
Dec. 22. 82. Account of Wm. Churchill the stationer. Oct. 1-Dec. 22,
1702. Total, 16Z. 4s. lOd. Endorsed, Reed. Read Feb. 17, 170f.
1 p. [C.O. 388, 75. No. 66.]
Dec. 22. 83. Journal of Assembly of Barbados. Lt.-Col. Thomas
Maxwell was chosed Speaker. An answer to the President's late
charge was agreed upon. The President asked the Repre-
sentatives to wait till there was a Council, and recommended^
to them the care of the soldiers newly arrived. The House
conferred with the superior officers of the land forces, the Speaker
informing them of the readiness of this House to take all possible
care for refreshing and providing for the present forces arrived,
but at this time the Island was under such great necessities for
want of foreign salt provisions, as well as other provisions as
have been here usually produced, that it was impossible to answer
their expectations in so high a measure as they desired. How-
ever, that this country may not be thought remiss in their duetye,
and to manifest their willingness and hearty desires to do what
possibly the Island at this time of scarcity is able for the quartering
and billeting of the forces now arrived. The Officers declared
that they were in very great want of provisions by reason of
their being suddenly ordered into these parts on H.M. service
from Cadiz without any further stores or recruits, then what
was then on board, and desired the soldiers might be quartered
or billeted on shoar to ayre them, and recover their healths.
Resolved, that the soldiers be billeted upon the inhabitants
and that each private soldier be allowed Gib. of beef or fish per
week.
Dec. 23. Arrangements made for billeting the 2,800 men on the several
parishes. Bill ordered to be prepared accordingly.
Petitions of Charles Thomas and Nicholas Baker referred to a
Committee.
Bill for the present accommodation of H.M. forces read and
passed. The House attending on the President and Council,
Mr. Speaker read the answer to the charge of the President and
Council, and upon their return ordered that a copy might be
delivered to the Clerk of the Council, if demanded : " T'was
with no slight dissatisfaction that we heard your harsh inter-
pretations of our well meant words and well intended actions.
We presume we need not be told, for we sufficiently know and
are heartily thankful for our present true English establishment,
as well in Church as State, and believe therein Prerogative and
Privilege are so well and wisely blended that it can neither be
the true interest of the Prince or People to subvert or invade
either of them, and believe also that whosoever shall endeavour
to alter the present happy temperament either by carrying
Prerogative higher or running liberty lower are equally enemies
to our present Constitution, for if it were left to our option, wee
would not have Prerogative less, because wee could not have
our 1 liberties maintained ; nor would wee have priviledge lesse
because wee could not be secure from tyranny and oppression,
if a bad Prince should come to the Throne, for wee are of opinion
62 COLONIAL PAPERS.
1702.
that they mutually support and maintain each other. We
question not (now) either the sincerity or diligence that your
Honour or the Honble. Members of H.M. Council have used
in the dispatch or promotion of things for the public good, because
recrimination is not our business, but can avow with truth that
the not making a quorum of our House and other quick adjourn-
ments have often been due to indeclineable circumstances. How
ungrateful it was to your Honour and with what irksomness
you undertook the trouble to tell us in a sett speech that we
dishonoured our gracious Queen, disparaged her Government
and lessened her authority, we know not, but you may be assured
it was very unpleasant to us to hear, when as thro' the whole
course of our lives our actions have been a continued manifesto
(even to the most malicious) of our strict loyalty, and we do
now declare that we abhor, detest and abjure all persons and
things that look that way. We have also lookt back (according
to your Honour's advice) into the past and cannot find upon
the nicest scrutiny anything therein of that complexion. As
to the Bill for taking up and fitting of vessels of war, we humbly
conceive we shall not appear, to dispassionate and disinterested
men, in those ugly colours your Honour was pleased to draw us in.
After we had resolved upon taking up vessels and raising men
for that purpose (which we did without the least hesitation) we
fell upon consideration of ways and means, our Treasury being
then altogether out of cash, in which we met with some almost
insuperable difficulties, for we considered then that money to
arise from any tax to be laid de futuro could not possibly be
collected near so soon as the importunate exigence of our affair
called for it, therefore thought upon giving encouragement by
a Law for the present advance of money by loan for that use,
pursuant to which we had conference with several gentlemen
upon that subject and spent a great deal of time in persuading
them to the terms (which were hard enough) mentioned in that
Bill, with which we immediately waited upon your Honour in
the Council Chamber, with the accustomed formalities, where
our Speaker delivered the Bill and each member all the while
standing and bare, which are tokens of our inferiority. Mr. Speaker
did by command from the House give your Honour to under-
stand that we could not consent to any alterations in that Bill
and that it must pass as we brought it in or want the money
(now your Honour may please to consider that this is a disjunctive
proposition) for the speedy equipping out vessels, which if we
did, the evil consequences thereon would be chargeable to your
Honour, and that we must thereby be forced to dismiss the
vessels, and that we would adjourn our House, having no other
business of moment before us. Upon which a member of H.M.
Council told us we came and popt a Bill upon them, which we
took to be a treatment as unsuitable to a gentleman of his
character to offer as for men in our post silently to take, and
therefore by our Speaker signified the dislike of that expression,
because it seemed to insinuate that we were about to use some
trick or legerdemaine to betray your Honour and Council into a
AMERICA AND WEST INDIES. 63
1702.
consent to that Bill soe formed. We can't believe that by
pressing your Honour to pass that Bill without alteration, we
gave the least shadow of a just suspicion that we intended to
impose either upon your loyalty or understanding, or went about
to usurp a dominion or superiority over you, and soe invest the
order of Government. We suppose it only demonstrated the
almost irresistable force we were under from the pressure of our
affairs, and the inflexibility of the lenders. You may with as
much truth infer that the Gentlemen we treated with for
the loan were guilty of as high an usurpation upon the Assembly,
for saying we must pass that Bill to their satisfaction, or want
the money ; that we afterwards consented to the amendments
you made in that Bill, shewed evidently that it was force not
choice that did before determine us. We hope to make your
Honour's heavy charge against the Speaker to arise from your
misprision of our meaning, and some undue and illogical inferences,
the Assembly being apprised (by several) of your Honour's
purpose to send a flag of truce with the French prisoners to
Martinico, and that a gentleman almost unknown to most of us
and a non-resident here (who is a profest Papist) was chosen
for that service, we considering the evils that might probably
surveen thereon, to this Island, thought it our duty to wait
upon your Honour and humbly supplicate you not to employ
that person in that affair, and to accept of a gentleman that we
recommended ; to which your Honour replied, with some seeming
dissatisfaction, that you had already made some steps onward
in that affair, and made some entries in the Council book, and
appeared not very willing to alter your resolutions, saying, we
would in a small time sue possibly for another change, and to
expect upon every slight and trivial occasion to move your fixt
conclusions, to which Mr. Speaker then rejoined that it could
not be easily thought that whatever the whole representative
body of the Island should addresse for, should be slight ; that
we lookt upon ourselves to be the great Council of this Island
and that we were chosen by the general suffrage of the free-
holders from every parish to represent them, and that we were
as watchmen set to observe carefully any danger tho' distant,
that seemed to threaten this people, and humbly to admonish
(or if that would displease) to advertise you thereof that you
might timely provide against it.
Now we conceive that your Honour is well pleased with our
appearance before you as supplicants to prevent a further danger
to the inhabitants, whom we represent, therefore conclude you
lay the whole stress of the charge upon asserting ourselves to
be the Grand Council. To suppose us to mean by that expression
that we were superior to your Honour in dignity and had a
paramount to, or coercive power over you, was to think us in a
lunacye, that rendered us fitter for Bedlam than an Assembly,
so that we could not hi a sound sense mean otherwise than that
we were the Great Council in respect of numbers, in which sense
we suppose that the Representative body of the people of England
in the House of Commons are often called the Great Council of
64 COLONIAL PAPERS.
1702.
the Nation, and in this sense also, for other construction it will
not bear, we may say without being thought disaffected to the
present establishment, that of the two Houses of Parliament,
the lower is the greater. That we are a Council, we presume
will be allowed, because your Honour's writ calls us to advise etc.
Upon hearing these reasons, we expect your Honour will not
think our late proceedings seem inconsistent with H.M. honour
and power, or subversion of her Government or invertion of the
order and regular subordination of it. Good God ! Did we
even so much as dream that we should be charged with want
of allegiance ? From the unparalleled invasion of H.M.
Prerogative which you lay to our charge for equipping etc. vessels
of war, we hope as fairly to clear ourselves as from the former
thundring and black accusations. We must confess that the
urgency of the thing, and the recess of your Honour and Council
at that time, enforced us to act singly some preliminaries only
in that matter, which we would not otherwise have done but in
conjunction with you, or at least with your levity, if the thing
would have borne delay, and for this hastye proceeding we did
at our next attending your Honour show the reasons, with the
which we thought you then rested well satisfied ; for after that
we carried on the concern jointly without any disagreement.
It might be considered also that we entered upon this matter
at your Honour's instance and solicitation. We acknowledge
no deference due from us to H.M. Council here more than that
which civil respect and reason, not duty, exact, for we are one
of the constituent parts of our Legislature here, and though
subordinate to, yet independent on the Council, and enjoy a
negative voice equal with them. And now hope your Honour
will not think that our proceedings have dishonoured our gratious
Queen. The other part of our charge, viz., the neglect of the
people's welfare, you deduce from two causes, our seldom making
a Session of our House and our speedy adjournment when made.
We cannot plead altogether not guilty, but many of our failures
were due to inevitable accidents, viz., sickness, death of relations,
lameness of horse etc., and you may please also to remember
that our quorum is very great (15) in proportion to our number, 22.
Though we confess ourselves herein in some measure faulty, and
will endeavour a reformation, yet we think the reprehension a
little too rough, and believe that a soft reprimand had been better,
etc. The sense of gratitude for H.M. late righteous yet gratious
grant for the right application of the 4J per cent., which you
infer we want, we doubt not but our acknowledgments and
retributions hereafter (when we know the whole of the grant)
will evince us not to be faulty. We declare, as we have never
yet, and religiously resolve never hereafter to attempt the least
encroachment upon the prerogative of the Crown, or your Honour
and Council's rights, so also we resolve zealously to maintain
by all lawful means our rights and priviledges inviolate. It would
seem that we are not under such an infatuation as not to know
the danger of distempers in Governments and the folly of divisions
and heats in Councils, for whatever our resentments were, we
AMERICA AND WEST INDIES. 65
1702.
have now stifled them to show that nothing shall be wanting
on our part to restore a good understanding between us, which
is necessary as well for H.M. honour as our safety.
Bill for raising a levy was read twice.
The House adjourned till Tuesday three weeks. [(7.0. 31, 7.
pp. 16-29.]
[Dec. 23.] 84. Undertakers for raising Naval Stores in New England to
the Council of Trade and Plantations. Reply to objections
raised by their Lordships to the draught of a Charter now lying
before them [see Dec. 17]. (1) They will raise and import
masts, yards, bowspritts, pitch, tar, resin and hemp. They will
import (unless prevented by inevitable accidents) two ships
lading of masts, yards and bowsprits within two years after
the date of their Charter, each ship to contain 300 tuns at least,
and hi every year afterward the same or greater quantities.
The trees to be used for making pitch, tar and resin, and the
ground for raising hemp requiring two years preparation at
least, they will import 500 tuns of pitch, tar and resin and 500
tuns of hemp, and as much more as they can, within 3 years
after the date of their Charter, and in every year after the same
quantities at least, and hope to import much greater. (2) They
are willing in this Charter to covenant with H.M. to import such
quantities of the stores above-mentioned, which together with the
stock of 20,0001. at least, which they have already offered to lay
out within three years, will be a sufficient security for their
performance of their undertaking, for when such a stock is
advanced and sent to the Plantations for raising such stores,
returns must be made, or that stock must lie dead there. (3) They
presume your Lordships intend by preventing stock-jobbing,
nothing more than to prevent the frauds practis'd in some former
companies in buying and selling their stocks, which, upon a
consideration of those frauds, and the nature of this undertaking,
will appear not to be practicable in this Company. Those frauds,
justly complained of, were practised by projectors and pretenders
to new inventions, where there was no real fund, but merely
an imaginary value, dress'd up and magnify'd by the artifices
of the first projectors and their accomplices ; but the stock
subscribed and intended to be raised by the Undertakers is a
real stock, and it will appear by their books what money every
Member pays into stock, and what real interest he has to dispose
of, so that no man who desires to buy any shares can be imposed
on by the seller. The frauds themselves were practised in this
manner : in making contracts for shares at three months distance
at a certain price, and then raising or falling the price of their
stocks to answer the profit of the contractors, by a combination
with more of their Society. The Undertakers propose as an
effectual method to prevent this mischief, that a clause be inserted
in the Charter directing that all sales of shares shall be enter'd
in the Company's books within six days after the contract made,
and that the seller and buyer shall make oath before the Governor,
Deputy Governor, or any two of the Assistants, who may be
C5
66 COLONIAL PAPERS.
1702.
impowered to administer such oath, when the contract was
made, and that all other transfers shall be null and void. Signed,
Wm. Wharton, Agent. Endorsed, Reed. Read Dec. 23, 1702.
2J pp. [C.O. 5, 862. No. 142 ; and 5, 910. pp. 311-317.]
[Dec. 23.] 85. Richard Wibird and Shadrack Walton, Merchants and
inhabitants of New Hampshire, to the Council of Trade and
Plantations, Sept. 170[0]. Wibird and Walton bought of David
Jeffryes, of Boston, 4 bags of cotton wool, which had been then
lately imported from Barbados to Boston in the Hopewell, John
Sunderland, Master. Upon the importation thereof, the Deputy
Collector [at] Boston gave a certificate that the same were lawfully
imported. In the same moneth said goods were sent from Boston
to Piscataqua in the sloop Speedwell. At Piscataqua the sloop
and all her lading was seized by Sampson Sheaf e, Deputy Collector
and Naval Officer, under pretence of not having given bond
as the Act requires. Soon after, at an Inferior Court, he exhibited
an information against the said goods, and notwithstanding
the said certificate was produced and the sloop had only come
from Boston, yet the goods were condemned as forfeited. Where-
upon Wibird and Walton appealed to the Superior Court, Feb. 10,
1701, where the judgment of the Inferior Court was reversed,
and a writ of restitution of the said goods ordered and made out
to Sherif or Undersherif . James Levit, Undersheriff, accordingly
demanded delivery of the goods, but Sheaf e refusing, the Under-
sherif seized him, and was carrying of him to gaol, as the writ
directed, but as he was so doing, called in at a house where William
Partridge, Lt.-Gov., was, who told him if he would let Sheafe
goe with him, he would see him forthcoming the next morning,
which the Undersherif consented to do. Thereupon the Lieut.
Governor took Sheafe to his house, where he tarried all night.
Next day the Undersherif coming to demand his prisoner, the
Lt.-Gov. told him he was none of his prisoner, and if he offered
to take him, Sheafe might break his head ; so that the Under-
sherif was discouraged and prevented from keeping Sheafe in
custody, and Wibird and Walton disappointed of the benefit of
the judgment of the Superior Court. When Wibird (who is now
in town) came from Piscataqua, the said bags of cotton-wool
were in the warehouse of the Lt.-Governor. Tho' the sloop and
lading, which consisted of divers goods belonging to other persons
was seized on the aforesaid pretence, yet all the said goods were
discharged, except the said cotton -wool. The said Deputy
Collector is considerably indebted to and under the influence
of the Lt.-Governor, and so durst not deliver the goods, and the
Undersherif being an officer under the Lt.-Gov. and fearful of
displeasing him, and the said Lt.-Governor having conceived a
great prejudice against Wibird and Walton, has occasioned
this seizure and deteiner. Pray their Lordships to examine the
matter and represent it to H.M. Signed, Richard Wibird,
Shadrack Walton. Endorsed, Reed. Read Dec. 23, 1702. 3 pp,
[C.O. 5, 862. No. 141 ; and 5, 910. pp. 305-310.]
AMERICA AND WEST INDIES. 67
1702.
Dec. 23. 86. Minutes of Council in Assembly of Barbados. 2191. paid
for matrosses' salaries to Samuel Goodwin, Gunner, of Charles
Fort. Ordered that, for the future, no servant shall be employed
in such service.
551. paid to William Kipps, gunner of Willoughby Fort, for
salary of himself, mate and one matrosse.
40Z. paid to Richard Baynes, gunner of James Fort, for salary
of himself and one matrosse.
551. paid to John Karvis, gunner of Ormand's Fort, for salary
of himself and two matrosses.
Petition of Lt.-Col. George Peers for payment on account of
the Constant Jane referred to the Assembly.
84Z. 4s. 9|rf. paid to Edward Arnell for hire of men etc. for the
flag of truce with the Spanish prisoners to Trinidado.
Payment ordered to the Commissioners of the Leeward
fortifications, on account of John Heywood, Francis Clinton,
John Merrick.
Petition of Lt. Csesar Brooks for a trial, granted. Commission
issued.
116Z. paid to John Thomas, gunner of Orange Fort, for salary
of himself and two matrosses for two years, and 180Z. for the
salary of 12 matrosses.
Petition of Sarah Leland, widow and executrix of William
Leland, for 21Z. 6s. 3d. due to him for work done on the Leeward
fortifications, granted.
Petition of Margaret Stockdale, widow and executrix of
George Stockdale, for 12Z. 16s. 3d. due to him for entertaining
the Commissioners of the Leeward fortifications, granted.
The Assembly attending, the Speaker presented a Bill for the
present accommodation of H.M. forces arrived in the ships of
war under Commodore Walker. He moved the Board that all
possible care might be taken to prevent the enlisting any of
the servants of this Island by the officers of H.M. forces here,
and that the said forces might goe on action as soon as possible,
and that some of the men of war might cruise to windward to
guard the coast and protect our ships coming in. The Speaker
then read a paper in answer to the President's Speech. The
President desired a copy, and the Speaker replied that he must
first ask leave of their House.
The President acquainted them that the Hon. William Sharpe
and Patrick Mein, who had undertaken to provide for the reception
of the Governor and the Earl of Peterborough, thought that
1001. would be too little to entertain persons of their quality,
and that would reflect on themselves and the whole Island,
and therefore desired that more might be allowed or themselves
excused.
At a Council of War held this day by the President and Council
together with the Commanders of H.M. ships of war and Officers
of the Land forces, it was proposed by the President and Council
that it would be for H.M. service and the protection of the Trade
of this Island, that some of the ships of war now here should
cruise to windward of this Island. The Officers answered they
68 COLONIAL PAPERS.
1702.
could not hope to do the country any considerable service, they being
heavy ships, unless they could be assisted with some light and
nimble vessell, like the Larke, which they desired they might
have out with them. The Board answered that she had neither
men nor provisions, and that there was no money in the Treasury
to equip her. They said they would acquaint the Commodore.
Some time after the Council of War broke up, they did acquaint
this Board that (considering what great advantage the said
vessel would be in that service) they would man and victual
her themselves, which the President and Council highly approving,
thought fit to acquaint the Assembly therewith . The Assembly sent
the following unexpected answer : Ordered, that the brigantine
Larke be permitted to be employed in the service of the country
under the command of Commodore Walker on condition that
good personal security of some of the inhabitants of this Island
in 2,0001. sterl. be given to return her in a month in as good
order and condition as she now is in, and that she shall be
employed only to cruise in the latitude of this Island, for preserva-
tion of our trade, and that whatever prizes shall be taken by her,
shall be to the captors' advantage wholly.
After considering of which, this Board, being fully convinced
how serviceable the said vessel (which now lies useless and spoiling)
may be to this Island, do desire the Commissioners to meet and
let the Commodore have her for H.M. service and benefit of this
Island, during their cruise to windward thereof, he manning
and victualling her as before is proposed.
The Bill for the present accommodation of H.M. forces was
read three times and passed. Ordered that Vestries be summoned
to meet on Saturday next in order to provide for the billeting
accordingly. [C.O. 31, 6. pp. 328-336.]
Dec. 24. 87. Lt.-Governor Bennett to [? the Earl of Nottingham]. A
Bermuda, vessel lying off this place at sea and bound to Nevis, having sent
her boat in here for some refreshments, gives me this opportunity
of acquainting your Lordships that I have received your Lordships'
pacquetts of May 7, with H.M. Declaration of War, which I
published upon receipt of the first, which was Sept. 3. But
I have not any orders to proclaim the Queen, and upon consulting
the Council it was thought advisable soe to doe, and accordingly
H.M. was proclaimed Sept. 28. On Sept. 13 early in the morning
appeared off from the west end of these islands ten French ships,
two whereof stuck on the sholes. but one (contrary to all
expectation) gott clear, but it's believed she sunk soon after,
having leaveled the sholes for a quarter of a mile, and several
pieces of her keel and sheathing have been taken up, but the other
remains a wreck, and all the people that were on board (being
57 in number) came on shoar in their boats. Depositions enclosed.
Heding was a prisoner on board and belonged to New York, to
which place I sent him to acquaint my Lord Cornbury of the
designs of the French. I presume your Lordship has had his
account before, I having taken care to transmit it to most of the
AMERICA AND WEST INDIES. 69
1702.
Plantations in the West Indies, especially to every one mentioned
therein.
My Lord, here is a gentleman amongst us whose name is
Mr. Larkin (who was sent abroad to regulate and settle Courts of
Admiralty, of whom I gave some account, Sept. 5, directed to
Mr. Secretary Vernon, not knowing your Lordship had then
accepted of that office). This gentleman espoused a discontented
and disaffected party (viz., those persons that were employ'd
in the Government in my predecessor's time), who were very
troublesome to me when I first came, but in some time were
all quieted till Mr. Larkin arriv'd, for after some short show of
complisance, he deserted and despised me (for what reason I
know not), and has constantly consulted, advised and caball'd
with those people, which has made such distractions amongst
us, that several of the inhabitants have resolved to leave the
Island, and remove to Carolina. His pride and vanity, my Lord,
has run so high as to say publickly at a Chancery Court to my
face that he was equal in Commission to me, and has reported
he doubted not but to turne me out of the Government and be
in that post himself. He also owns that he is an opposer of
Governors, Government and Country for the sake of his party,
and for his personal behaviour to me, it has been soe unmannerly
and with that contempt as if I had been a private man here
sent under punishment from Newgate. This and more than is
possible to be believed, I will acquaint your Lordship of in my
next, and send sufficient vouchers with it. I know this gentleman
has wrote against me by one Capt. Jones, who I found Sheriff
here at my first coming, but upon many articles that were prefer'd
against him by the Assembly (together with his unmannerlyness
to me) I long since suspended him, since which he has been
indicted and found guilty of perjury and several other crimes
and misdemeanours, and is now under fines to H.M. for the same,
and also is indebted by his accounts when Sherrif ; and this
person also Mr. Larkin espoused, and gives him assurance of a
reinstatement in his employment, and in order thereunto, and
to free him from the inconveniencys he was under here, did directly
contrive and assist Jones in running away with a vessel to
Carolina, and I presume, before this arrives, has brought your
Lordship a pacquet from Mr. Larkin. That I have here hinted
att I'le make very plain (with additional crowds of complaints)
in my next, and if he can be justified, as he says he's sure he
shall, against all his insolences and abuses, and contemning and
despising Government, by owning himself an opposer of Governour
and Government, with submission noe Gentleman can come
abroad in my post, unless he leaves his honour att home. What
he has wrote against me, I can't imagine, but it will be very
demonstrable in my next pacquet, which I am preparing, that
I have given noe cause to the country to complain, but I have
seen soe much of that gentleman, that he will leave nothing
uninvented to hurt me. Therefore, my Lord, as I served in the
Army both by sea and land all the last war and in the post I am
now in I hope and think without reproach (till Mr. Larkin attack't
70 COLONIAL PAPERS.
1702.
me), soe I doubt not but upon examination to preserve a clear
reputation, notwithstanding all the malice and contrivance
that that gentleman and his party can invent against me, and
what I humbly g[6]egg is, that I may not suffer in H.M. opinion,
nor your Lordship's, till my letters arrive, or time given to answer
what is or can be found against me ; and as to the best of my
judgment I have with all diligence, fidelity and integrity
discharged the trust reposed in me as Governor, soe I desire to
stand any charge to the contrary, under the penalty of my life.
It is very hard (my Lord) that after taking soe much pains (which
I did with pleasure) to repair the fortifications (which when I
came were as if demolished), and to teach the Militia the use of
their arms (who are now expert) and have by my care reconciled
and brought into method a people who had lived several years
not only discontented amongst themselves, but frequently
troubling the Lords Commissioners of Trade with then: com-
plaints, and having composed all these differences, and brought
this country from a scandalous mean character abroad, to be a
people of reputation amongst our neighbours ; I thought I had
nothing to doe but please myself in the quiet administration
of the Government from any intestine matters worth taking
notice of, but instead of this I am affronted both in my public
and private capacity, and, my Lord, this Gentleman's indignities
have been so great, that humain nature has flown in my face
for reparation ; and all he has acted (and in some cases against
the Crown; he still flys to his Commission for shelter, thereby
scorning and defying all Law to hurt him, to the great abuse
and reproach of that Prince's favour who sent him abroad. I
doubt not but Mr. Larkin has given a large account relating to
the value of the French vessel that's cast away, but as to that, the
Officers' depositions will show that she had nothing in her but
82 tuns of logwood, half of which I have got up by divers, and
other great expenses I have been att hi endeavouring to save the
ship, but to noe purpose. In one of your Lordship's letters,
which I reed, by the way of Carolina, Dec. 10 last, there is a
paragraph that directs me to send the other letters respectively
as directed, but there were none enclosed, neither did any come
with it to me. Forgive me for so long imposing on your patience
with my troublesome complaints, which I hope will be the easier
pardoned by your goodness, if your Lordship would please to
consider how absolutely necessary for my safety and defence it
was, to relate something of my unhappiness ; and to have said
nothing might have created a censor of my being guilty of what
Mr. Larkin has sent against me, well knowing Sir Charles Hedges
is the Gentleman he depends upon, at which I am not uneasy,
for I am convinced of his goodness and honour, and that he will
not injure me wrongfully etc. Signed, Ben. Bennett. P.S. I
presume your Lordship has heard of Admiral Benbow's being
dead of his wound in the thigh. Endorsed, R. May 21, 1703.
Holograph. 6 pp. Enclosed,
87. i. Deposition of the Captain, Purser and Master of the
French shippe, Jane and Cornelious, cast away and
AMERICA AND WEST INDIES. 71
1702.
wrecked at Bermuda. Sworn, Sept. 21, 1702. In answer
to interrogatories by the Governor and Council. They came
from France, May 25, bound for the Havanna with two
French men of war of 50 guns each and 8 store-ships
for Admiral Chateaurenault, who was sent to the Havana
to convoy the Plate Fleet home to Spain. They left the
provisions at Havana, the Plate Fleet having departed
10 days before their arrival. There were no Naval
Stores in the wreck, but for her use, and no money
but what the people on board had for their private use,
but 184,252/6. of logwood as ballast, and no other
merchandize. They arrived at the Havanna Aug. 1
and left Sept. 8th, French style. The galloons had sailed
thence July 22 there were 15 or 18 of them, 22 men of
war, the Vice-Admiral [Chateaurenault] 72 guns, and
the others 50 or 60 guns each. Signed, Durivage Haret,
Deperigny, Helie Graton. 2 pp.
87. ii. Copy of preceding. 3J pp.
87. iii. Deposition of Lawrence Hedding, late mate of the
sloop Three Brothers of New York. Bermuda, Sept. 23,
1702. March 14, on passage from Jamaica to New York
in the night time fell in with the French fleet under
Admiral Chateaurenault, who took the sloop, took out of
her 10,096 pieces of eight etc . and searcht every individuall
person on board to a great strictness. Then they took
the men out of the sloop and separated them in several
French vessels, except deponent, Capt. Peroe and
another with several negroes, and put 10 French men
on board the sloop and carried her with the fleet to
the Havanna, March 29, holding them prisoners on
board till July 10. Then they gave the sloop with 25
negroes and her cargo to the Spaniards. Capt. Peroe,
who well understood French, informed deponent that
several of the French Captains did say that as soon
as the Plate Fleet arriv'd in France, the first thing they
intended to act in this winter was to take Jamaica and
Cura9ao, and in the summer to take New York. Their
design to take New York was by bringing two ships in
sight only, and they'll make a waite under English
* colours to decoy the pilot off, and if that not succeed,
then by sending boats on shore with Englishmen under
English colours to take persons off to pilot them in.
On July 13 the Plate Fleet departed from the Havana
being 24 Spanish ships and 32 French, whereof were
16 galloons or Spanish-built ships. The Vice-Boy of
Mexico in the Rear Admiral of the Spanish Fleet had on
board 60 chests of gold, 600 chests of silver, besides piggs,
sows [sous'*] and other plate on his particular account .
There remains a very few vessels in the Havana, and
them of little or no force ; their forts or fortifications
by neglect much fallen to decay ; their guns many
dismounted and useless, their carraidges rotten, their
72 COLONIAL PAPERS.
1702.
guards consisting of about 50 men at most, their guns
about the walls, about 15, being not in a capacity to do
any damage. There is a small Fort with about 12 guns
to the westward of the town about two miles, with an
inconsiderable guard, another small fort to the eastward,
with the like quantity of guns and guards, both easily
to be surprized. An adviseable way of attacking the
Havana Town is between the said Forts, there being
several Bays which will admit of an easy landing.
Deponent heard the inhabitants say they were very
desirous that the young Emperor should come into
Spain, as they esteemed that Crown of right belonged
to him, and that they had rather be under the Govern-
ment of the Emperor than of the French ; and that
they had received letters from Spain that gave an
account, by the way of Carthagena, that the Dutch and
English were gone to Gales with a 100 sail of men of
war, 200 sail of store-ships, with 40,000 men, with
horses', field pieces and ammunition for taking that
place, and the Spaniard(s) much rejoiced at it, and
hoped success, for that the Crown of Spain did not
belong to the French.
About Aug. 23 arrived at the Havana from Martineco
a small privateer sloop, who brought news that the
English were gone with 18 men-of-war to Hispaniola,
besides small vessels, and that they had taken Lugan,
and had been there 10 days landed before the said sloop
came to the Havana ; and that Monsr. de Coist was to
come General over all the Spanish Coasts, and to view
all the Forts and Fortifications, and that he was to
land at Cuba, near the Havana, 10,000 men, and to
leave at the Havana 6 men-of-war to cruise upon the
Gulf. Signed, Lawrence Hedding. Copy. 2J pp.
87. iv. Copy of preceding. 2| pp. [C.O. 37, 25. Nos. 74,
74.i.-iv.]
Dec. 24. 88. Copy of No. iii. supra. 4 pp. [C.O. 5, 1084. No. 5.]
Dec. 24. 89. Lt.-Gov. Bennet to the Council of Trade and Plantations.
Bermuda. Mainly a duplicate of preceding letter to Lord Nottingham. If it
can be possible that Mr. Larkin should be justified in all his
insolent practises, no gentleman can come abroad in my post,
unless he leaves his honour at home. And pardon me if I presume
to conclude that his late Majesty did not intend to impower
Mr. Larkin to come into this Government and abuse me and
everybody, neither can I believe that it is expected from me
to suffer his insolences, for affronting me (especially when in
the chair) is flying in the face of him that sent me. It could not
be any advantage to me to differ with him, but much otherwise,
for if he had held his integrity as he began, our agreement would
have been of advantage to me in character when he returned
home, for I am sure he saw nothing here, both in Civil and Military
AMERICA AND WEST INDIES. 7
1702.
affairs, but what was reforming and improving. But in my
opinion his show of friendship at his first coming was only to
sound me, that he might the better know how to proceed for
his friends he was retained for in England, I mean Col. Day and
Judge Nelson. For I received him as one of my family and
left nothing undone whereby to show him respect and to divert
him in this poor little malancolly retirement. Therefore because
he could find no just pretence to fall out, he was constrained,
in order to prosecute his designs, to propose himself an open
enemy, which now he is with a witness, for he publicly gives
out that he doubts not but to turn me out of my Government,
and come into that post himself. ... I have been informed
that when Sir Thomas Day petitioned H.M. for his son to have
liberty to come home with his effects, many unkindnesses were
alleged that he had received from me, and that Col. Day was a
close prisoner all that time ; all which is upon my word directly
false, for I never denied him anything that I could justifiably
grant, neither was he ever a close prisoner, for when action was
taken out against him (which I could not contradict) the Marshal
by my order acquainted me, and time given him to find bail. I
beg that I may not suffer in your Lordships' opinions till I have
time to clear myself. Signed, Ben. Bennett. Endorsed, Reed.
21st, Read May 27, 1703. Holograph. 7 pp. Enclosed,
89. i. Abstract of preceding. 2J pp.
89. ii. Duplicate of above No. i.
89. iii. Duplicate of above No. iii. [C.O. 37, 4. Nos. 17,
17.i.-iii. ; and (without enclosures) 38, 5. pp. 382-389.]
[Dec. 24.] 90. Mr. Champante's Account of the Subsistance and
Clearings of the Four Companies at New York, March 8, 170J,
to Dec. 24, 1701. Endorsed, Reed. Dec. 24th, 1702, Read Jan. 4,
170f. 4 pp. [C.O. 5, 1047. No. 81.]
[Dec. 24.] 91. Mr. Champante's Account of his receipts and payments
as Agent of the Four Companies of New York, March 26, 1699
March 8, 170J. Signed, J. Champante. Endorsed as preceding.
2 pp. [C.O. 5, 1047. No. 82.]
[Dec. 24.] 92. Mr. Champante's Account of Offreckonings and Cloathing
during his Agency to the Forces at New York. Signed and
Endorsed as preceding. 2 pp. [C.O. 5, 1047. No. 83.]
Dec. 24. 93. Minutes of Council of the Massachusetts Bay. H.E.
Boston, acquainted the Council that the dispatch of the store-ships with
provisions for the supply of H.M. forces in Jamaica had retarded
his journey to Piscataqua, but in few days intended to set forward,
and desired Perm Townsend and Nathaniel Byfield of the Council
to accompany him hither, he having received advice that some
of the principal of the Eastern Indians had a desire to speak
with him and were about coming to Boston in a sloop of
Capt. March's, Commander of H.M. Fort at Cascobay ; but he
had written a letter to prevent their coming hither, and to direct
7 4 COLONIAL PAPERS.
1702.
their waiting upon him at Piscataqua, where he expected to see
them. H.E. said that he had employed two of the Eastern
Indians to give him secret intelligence from time to time of the
Indians' motions, and that they would expect some gratification
for then- service.
Accounts of the Province galley referred to a Committee.
Ordered that the Treasurer advance to the soldiers in garrison
at H.M. Castle on accompt of their wages, in clothing, at the
direction of the Lt.-Gov., not exceeding 51. a man, one with
another, and also that he provide five match coats for the sentinels.
61. 11s. lOd. paid for doctor's attendance etc. upon 4 seamen
belonging to H.M.S. Province galley, put on shore sick of the
small -pox.
271. 3s. 3d. paid to Daniel Willard, Keeper of H.M. Gaol in
Boston, for keeping several French prisoners of war, July
Nov. 17, 1702.
15Z. paid to Bartholomew Green, of Boston, Printer, for printing
of the Acts, Proclamations and Public Orders, Sept. 27, 1701
Sept. 24, 1702.
87J. 10s. paid to Isaac Addington for fees etc.
H.E. further prorogued the Assembly from Jan. 7 till Feb. 10.
[C.O. 5, 789. pp. 474-476.]
Dec. 25. 94. Account of Postage for the Board of Trade, Sept. 28
Dec. 25. Total, 11. 6s. 5d. New Year's gift for two years,
51. Is. Gd. 1 p. [C.O. 388, 75. No. 65.]
Dec. 28. 95. Rear Admiral Whetstone to the Principle Secretarys of
Onboard State. Yesterday about noon I came to anchor at this place,
c^'terbii navm been 30 oc *d days cruising on the coast of Hispaniola,
before Port designing if any prospect of service to have annoyed the enemy,
Royal in having one of the bomb ketches with me, but could find nothing
Jamaica. wor t n the charge of attacqueing by bombarding or other ways. At
my return, I received your letter of Oct. 7th, to Admiral Benbow.
I observe your Lordship tells him of six ships of warr to be
detacht from Cadiz with 2,000 soldiers. These ships I presume
are arrived at Barbadoes, but doe not, by Gapt. Haverden Walker's
letter, find they have either orders or inclinations of coming
down here, unless the want of provisions or stores bring them ;
but then I presume none of the soldiers comes with them. The
other ships your Lordships mentions with the Governor are
not yet arrived. I shall endeavour to be in the port at their
arrival, and consult with the most knowing here to doe the best
service we can. I shall rejoice to be successful, and will not be
wanting to doe my uttermost for H.M. service. The most of the
ships here will want a relief, as will also the men, the wormes
being very destructive to the ships, and the recovered men (for
all have been sick) at our short allowance cannot gather strength
to answer the end of the service. I humbly pray for myself e a
relief e, when it may be noe prejudice to H.M. service. I beg
to lay a little scheme before you of the occasion of some mis-
fortunes attending H.M. service in these parts. All seamen
AMERICA AND WEST INDIES. 75
1702.
that come hither are generally attended with sicknesse at the
first ; many it carries off, some recover, but then being at short
allowance of provisions, one third is eaten out with the salt,
another third abated in their allowance, so that there is but one
third of H.M. allowance for these men to subsist on, by which
they can never geather strength , and altho' their short allowance
money is duly paid them, and all care imaginable taken to prevent
them from buying strong liquor, yet they doe it, and throw
themselves into distempers, so that the short allowance money
intended for their good proves their prejudice ; and fresh
provisions are soe extream scarce and excessive deare that they
will not lay out their money that wayes. If these misfortunes
could be prevented by a constant supply of provisions to keep
them at whole allowance, I presume they would be much more
healthier, and much more fit for service. The trade of this
country now is privateering, which has not yet been successful,
but carryes of the men, so that the Government here says they
can give noe supplyesto H.M. ships here. Signed, Will. Whetstone.
Endorsed, Reed. April 19, 1703. Addressed and sealed. 2 pp.
[C.O. 137, 45. No. 34.]
Dec. 29. 96. Journal of Council of Trade and Plantations. Their
Whitehall. Lordships taking into consideration the several papers transmitted
by the Lord Cornbury relating to the state of the Province of
New York, and more particularly the Acts past there in April
and May last, immediately before his Lordship's arrival in that
Province, in order to their determination upon the names of
Counsellors fit to be inserted in his Instructions, some progress
was made in that matter.
Dec. 30. Their Lordships, having considered the present state of the
Council at New York and the names of persons recommended
by the Lord Com bury to fill up vacancies, agreed upon the names
of twelve to be inserted in the Instructions prepared for him,
and having likewise considered the Acts passed at New York
in April and May last ; ordered a Representation to be prepared
relating to those matters.
Upon consideration of the proposals relating to the importa-
tion of Naval Stores from New England, their Lordships gave
directions for some alterations to be made in the draught
of a Charter received from the Petitioners for an Incorpora-
tion for that Trade ; together with several additions to be
communicated to them, that their sence may be known
thereupon, in order to a Representation to H.M. upon that
matter.
Dec. 31. A Representation as ordered yesterday upon the Acts of New
York etc. was signed.
Mr. Champante laid before the Board his account of the
Offreckonings of the 4 Companies at New York. He said that he
had received a letter from Capt. Nanfan, Oct. 5, acquainting
him that the cloathing which he had last sent for the soldiers
was then arrived there ; he further desired that their Lordships
would please to send to the Pay Office for an extract of all the
76 COLONIAL PAPERS.
1702.
money that has been paid to him upon account of the said
4 Companies ; whereupon the Secretary was ordered to write to
Mr. Paunceford for it, and their Lordships further directed him
to attend again on Monday next in the afternoon, and to bring
with him any persons that he thinks fit, to make out what he
may then offer. Ordered also that Capt. Matthews and
Mr. Thrale, Agent for the Lord Combury, have notice to attend
at the same time.
Order of Council, Dec. 17, together with a petition of Mr. Samuel
Allen, relating to the Propriety of New Hampshire, read. A
further Memorial upon the same subject was laid before the
Board ; whereupon Mr. Usher, who solicites that affair, was
ordered to attend the Board on Monday next hi the afternoon,
with the proofs what he has to produce of his allegations,
[C.O. 391, 15. pp. 337-341 ; and 391, 96. Nos. 208-210.]
Dec. 31. 97. Order of Queen in Council. Approving a Memorial from
St. James's. H.R.H. Prince George of Denmark, Lord High Admiral, Dec. 23,
quoted : Refers to petitions of Merchants trading to Virginia.
Proposes that, it may be reasonable to send from hence two ships
of the fourth rate by the end of Jan. next to carry all the trade
from the several ports, which ships will join at Virginia two
others, which I have ordered Vice-Admiral Benbow to detach
thither, and to depart from thence in company with the Trade
by July 1st or 10th. And whereas the merchants of London
have represented that there will be occasion to send to Virginia
the beginning of July next a considerable Trade, it is further
proposed that two fourth-rate ships may be appointed at that
time, or by the latter end of August, to convoy the said Trade,
which for their better security may be seen well into the sea
by other ships to be particularly appointed, and then the said
convoy may depart from Virginia and Maryland with the Trade
by the beginning of April following, and that during then: stay
there, they may cruise in some proper station to protect the
trade of the Leeward Islands. Proposes that, the Governors of
Virginia and Maryland may be enjoyned by H.M. Orders to
take care that no ships sail out of the Capes without convoy,
to prevent the mischiefs which otherwise may happen to the
Trade from the enemy.
Ordered, that H.R.H. give the necessary directions accordingly,
and that the Council of Trade and Plantations prepare the
necessary Instruction to the Governors as proposed. Signed,
Edward Southwell. Endorsed, Reed. Read Jan. 5, 170. 2 pp.
[C.O. 5, 1313. No. 9 ; and 5, 1360. pp. 353-355.]
Dec. 31. 98. Order of Queen hi Council. Directing that the Order of
St. James's. Sept. 26, 1699, be renewed on behall of the petitioner, Sir John
Colleton. Bart. The Council of Trade are to prepare an
Instruction for the Governor of Barbados accordingly. Signed,
Edward Southwell. Endorsed, Reed. Read Jan. 4, 1702. 1\ pp.
Enclosed,
AMERICA AND WEST INDIES. 77
1702.
98. i. Petition of Sir John Colleton, Bart., to the Queen. [See
Gal. 1699.] 2 pp. [C.O. 28, 6. Nos. 91, 91.i. ; and
29, 8. pp. 267-272.]
Dec. 31. 99. William Popple to Edward Paunceford. I am ordered
Whitehall, by the Council of Trade and Plantations to desire you to furnish
them with an extract of all money received by Mr. Champante
from the Pay Office upon account of the 4 Companies at New
York. [C.O. 5, 1119. p. 326.]
Dec. 31. 100. Council of Trade and Plantations to the Queen. We
Whitehall, humbly lay before your Majesty several Acts past in the General
Assembly of New York in April and May last by Capt. Nanfan,
late Lieut .-Governor ; to which we have received several objections
made by Governor Lord Cornbury. (i). Act for continuing the
Revenue established by Law unto H.M. for two years longer, is in
effect little more than a specious pretence for giving away divers
sums out of the Revenue to several persons who have been since
discharged by his Lordship from their employments for mis-
behaviour in the Government, and does not seem to be otherwise
necessary, because a former Act for settling the Revenue continues
in force till May 18, 1706 ; before which time we presume the
Lord Cornbury will have taken further care in that matter,
(ii.) The Act for paying the debts of this Government made in the
time of the late Happy Revolution does tend to charge the Province
with payment of goods taken from several merchants by Jacob
Leisler and others of his party, in the time of their disorderly
proceedings, upon pretence that the same were for H.M. use,
and is contrary to the directions given by us to the late Earl of
Bellomont that no Act of Assembly should be passed by his
Lordship's consent, whereby any retrospect was had to the
quarrels or differences between any parties during the fore-
mentioned disorders, (iii.) The Act for declaring, confirming
and explaining the liberties of the City of New York relating to the
election of their Magistrates does in effect overthrow the Charter,
and tend to the great prejudice of that City, (iv.) The Act for
outlawing Philip French and Thomas Wenham being contrived for
the outlawing of those men, otherwise innocent, for default of their
appearance within ten days, is in itself unjust and repugnant
to the Laws of England, which allow a much longer time in
cases of outlawry, (v.) The Act for augmenting the number of
Representatives is an alteration not fit to be made in the
Constitution of that Government, and dos tend to the burthening
the people of some places in that Province who have already
so many Members of Assembly as they are willing to maintain,
(vi.) The Act for the better regulating the elections of Trustees and
Magistrates for the Toum of Kingston, Co. Ulster, does tend to
the ruin of the said town. We humbly offer that your Majesty
would please to signify your disapprobation and disallowance
of the said Acts.
We further humbly represent to your Majesty, that having
received from the Lord Cornbury an account of his suspending
78 COLONIAL PAPERS.
1702.
several Members of your Majesty's Council of New York for
their misbehaviour and divers irregular and illegal proceedings,
whilst they were in power (viz., Atwood, Weaver, A. Depeyster,
Staats and Walters), and having considered the reasons of his
Lordship's so doing, we do approve thereof ; and humbly
conceiving it fit that the said persons be displaced by your
Majesty, we have thereupon added in their stead the names
of five other persons recommended to us by the Lord Cornbury
as fit to supply those vacancies, to make up the number of twelve
persons in your Majesty's said Council, whose names are
accordingly inserted in the Instructions we have prepared for
his Lordship, which we herewith humbly lay before your Majesty
for your Royal Approbation. Signed, Weymouth, Rob. Cecil!,
Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen. Annexed,
100. i. Copy of Instructions for Edward Lord Cornbury,
Capt. -General and Governor in Chief of New York and
the territories depending thereon. Similar to previous
Instructions. Variations : Members of Council of New
York; William Smith, Peter Schuyler, Sampson Shelton
Broughton, Wolfgang William Romer, William Lawrence,
Gerardus Beckman, Rip Van Dam, John Bridges, Caleb
Heathcote, Thomas Wenham, Matthew Ling, Killiam
Van Ranslaer. . . . Appeals to be allowed to the Governor
and Council, where the value exceed 1001. sterl. etc. and
to H.M. in Council, where it exceed 300?. sterl. . . .
You are to endeavour the repeal of the clause of the
Act of New York for quieting and settling disorders,
which has of late been misinterpreted to the oppression
of our subjects, the Laws of England having sufficiently
provided for the true purposes thereof etc. See Gal. 1701.
Nos. 1030 and 647. ii. [C.O. 5, 1119. pp. 273-325.]
Dec. 31. 1 01 . Order of Queen in Council. Upon above Representation,
St. James's. Ordering that Mr. Atwood and Mr. Weaver with their Councell
learned be heard before H.M. at this Board, Jan. 14 next, and
that Mr. Attorney and Mr. Solicitor General be instructed by
the Agents of the Lord Cornbury in order to make good the
charges brought against them by him, and that the parties
concerned do make their application to the Council of Trade
and Plantations for such papers transmitted by my Lord Cornbury
as may be proper for their information. Signed, John Povey.
Endorsed, Reed. Read Jan. 4, 170|. 1 p. [C.O. 5, 1048. No. 8 ;
and 5, 1119. pp. 328, 329.]
Dec. 31. 102. Order of Queen in Council. Repealing 6 Acts of New
St. James's. York past there in April and May, 1702, as recommended by
the Council of Trade and Plantations. Signed, Edward Southwell.
Endorsed, Reed. 14th, Read Jan. 18th, 170f . J p. [C.O. 5, 1048.
No. 9 ; and 5, 1119. pp. 343, 344.]
Dec. 31. 103. Minutes of Council of Virginia. On consideration of the
Lords Justices' Instructions, Sept. 3, 1698. " You are to take
AMERICA AND WEST INDIES. 79
1702.
care that in time of war no ships do come from Virginia but in
fleets, or at such time as shall be notified from hence for their
meeting of convoys etc.," the Council being in doubt as to whether
merchant ships without a convoy shall be accounted a fleet,
and how many ships shall constitute the same, desire H.E. to
ask for directions from the Lords Commissioners for Trade, how
to proceed when no convoys are in the country or can reasonably
be expected. And forasmuch as after embargoes have been
laid here pursuant to the aforesaid Instruction, the ships in
Maryland continue to sail as usual, whereby they have the
advantage of the market, and the inhabitants of this Colony
and traders here are not only deprived of that benefit, but are
also at great charge in seamen's wages and the damage of their
vessels by the worm and other accidents, the Council pray
that the same may be represented, that so the inhabitants and
traders to this Colony may be under no greater restraint than
those concerned in the same trade in our neighbour Colony.
Letters from Capt. Moody to H.E. etc. read, giving notice that
he hath received orders from the Lord High Admiral and
Capt. Leake directing to sail for Newfoundland to join Capt. Leake
and in case he is gone, to make the best of his way to England,
in which letters he hath not only used divers very reflecting and
presumptuous expressions, but also hath refused to send his
orders or give an attested copy of them to H.E. (notwithstanding
he showed them to Mr. Commissary Blair and Col. Philip Ludwell)
to the end H.E. and Council might have judged what would
most conduce to H.M. service and the advantage of trade upon
this occasion. Whereupon it is the unanimous opinion of the
Council that for want of true knowledge of such orders, they
cannot give any directions to the merchant ships, which may
tend to the great prejudice of H.M. service and the trade of this
country, and they therefore desire H.E. to issue his warrant
to Capt. Moodie, commanding him to bring or send to H.E. on
Jan. 5 an attested copy of the orders he hath received, that this
Board may consider wherein he may be serviceable, as also a
copy of the Journal of his proceedings since he come into this
Colony, that so it may appear whether he hath complied with
the orders he hath from time to time received.
Whereas Capt. Moodie in his said letters of 16th, 20th, 22nd
and 29th inst. complains of his being in want of provisions and
men, and that his water casks are in a bad condition and his
men naked and in great want of clothing, for which reasons he
cannot proceed so soon on his voyage as ordered, H.E. and Council
find that whenever any application hath been made by him
for credit for provisions or any other matter, orders and supplies
have been given him as desired. Capt. Moodie hath had H.E.'s
warrant for impressing seamen, and to strengthen the same an
Act of Assembly hath lately passed for apprehending runaway
seamen, whereof divers have been taken and delivered to him.
And as to his water cask and the nakedness of his men, it is the first
time any such representation hath been made to this Board,
so that if he is in want of any the above particulars, or cannot
80 COLONIAL PAPERS.
1702.
sail pursuant to his orders, it is no fault of H.E. and Council.
They conceive it for H.M. service and order that Capt. Moodie
give a positive answer whether he intends immediately to sail
from hence, and whether he intends to touch at Newfoundland,
and that he answer on Jan . 5.
Ordered that Capt. Moodie deliver H.M. sloop Elizabeth with
all her rigging etc. to the Collector or Naval Officer of the district
from whence he takes his departure.
Whereas it hath been represented by Capt. Moodie that he is
in want of diverse seamen, H.E. and Council being willing as far
as it is possible to supply H.M.S., hereby in Her Majesty's name
strictly charge all officers, civil and military, and all H.M. loving
subjects to use their utmost endeavours to discover and appre-
hend all vagrant and runaway seamen and them safely to convey
on board H.M.S. Southampton in accordance with the late Act
of Assembly.
The Council requested H.E. to write to the President of H.M.
Council in Maryland to order Capt. Nathaniel Bostock, H.M.
advice-boat Eagle, to attend on this Government with all speed.
And forasmuch as all the seamen that can be had in this country
will scarce be sufficient to supply H.M.S. Southampton, the Council
desire H.E. to write to Capt. Bostock that he take care to man
the Eagle before he comes from Maryland, and for his assistance
to send him the list of seamen now in Maryland who have run
away from H.M. service.
Upon reading Lord Cornbury's letter, Nov. 19, desiring that
the quota of 900Z. be remitted by the very beginning of the Spring,
H.E. asked the advice of the Council whether, since Lord Cornbury
is so pressing and seems to apprehend the frontiers of his Govern-
ment in danger, it will be convenient to call the Assembly sooner
than March 17. The Council were of opinion that the Assembly
cannot conveniently meet sooner, for the reasons given Oct. 27.
[C.O. 5, 1409. pp. 265-268.]
[? 1702.] 104. Reasons offered by the Hudson Bay Company for
reducing that part of Hudson's Bay, now in possession
of the French, to the Crown of England. Copy. 1J pp.
No date. [Reference to his late Majesty.] [C.O. 134, 3.
No. 15.]
[1702.] 105. Opinion of some persons conversant in Newfoundland
relating to a boom for the harbour of St. John's. Estimate and
specification etc. No signature or date. 1 p. [C.O. 194, 22.
No. 3.]
[1702.] 106. A Particular of Ordnance Arms and Stores for the Leeward
Islands. No signature or date. 1 p. [C.O. 152, 39. No. 94.]
107. Acts of Antigua. [C.O. 8, 3. pp. 113 ft. ; and (printed)
154, 3. pp. 126-145.]
AMERICA AND WEST INDIES. 81
1702.
108. Acts of Barbados. [(7.0.30,3. pp. 338#. ; and 30, 6.
pp. 230$ ; and (printed) 30, 4. pp. 202-204.]
109. Acts of Jamaica. [C.O. 139, 9. pp. 62 #.]
110. Acts of Maryland. [C.O. 5, 731. pp. 773 #.; and
(printed) 5, 730. pp. 16 # ; and (printed) 5, 739. pp. 13 ff.]
111. Acts of the Massachusetts Bay. Printed. [C.O. 5,
771. pp. 225ff. ; and 5, 772. pp. 211#. ; and 5, 773. pp. 139#.j
112. Acts of Montserat. [C.O. 176, 3. pp. IGff.]
113. Acts of New York. Printed. [C.O. 5, 1413.
pp. 47$. ; and 5, 1144. pp. 53ff. ; and 5, 1145. pp. 45ff. ;
and 5, 1146. pp. 47#.]
114. Acts of Virginia. Printed Titles only. [C.O. 5, 1382.
pp. 117-120.]
115. Lists of Acts of Bermuda, Bahamas, Barbados, Jamaica
etc. [C.O. 5, 274. passim.]
[? 1702-3.] 116. Richard Gary, Agent for Antigua, to Sir Charles Hedges,
Secretary of State. Upon application made by the said Agent
for ordnance etc. for the Island of Antigua, the Board of Ordnance
proposing that there is an Engineer at Barbados, who, if H.M.
pleaseth, may be ordered to Antigua to view the fortifications,
and report what may be needful for them, prays that the Engineer
may be ordered accordingly, that the said Island may be supplied
with necessary stores. Signed, Rd. Gary. [C.O. 7, 1. No. 2.]
1702. 117. Grants of Land. New York. [C.O. 5, 1134.]
118. List of Grants of land and quit-rents. South Carolina,
1702. [C.O. 5, 398.]
[1702?] 119. Peter Dyer to the Earl of Nottingham. Petitioner, one
of the quondam captives of the Havanna, was according to your
Honor's Orders, examined by the Commissioners of Trade, at
whose suggestion I procured an account of all the Spanish coast,
the chief ports of Cuba and Hispaniola etc. I applyed myself to
your Honor on Thursday last, and your Honor ordered me to go
to Mr. Tucker to hear their report, which was that letters should
be sent by a flag of truce to Havana to demand the prisoners,
and likewise better usage for the future, otherwise they are to
expect that the Spaniards taken by us shall be served the same
by way of reprisal! etc. Prays that he may be sent with the flag
of truce. Signed, Peter Dyer. 2 pp. Enclosed,
119. i. A description of the Havana with reasons why it would
be of importance to England. 2 pp. [C.O. 318, 3.
Nos. 2, 2.i.l
C6
82 COLONIAL PAPERS.
[1702.] 120. Emanuel Penhallow, of H.M. Royal and late reformed
independent company in St. Christophers, to the Queen.
Petitioner being not willing to give an able slave unto Col. James
Norton to discharge petitioner from military service, Col. Norton
committed him prisoner on Brimstone Hill, where he had not
the speech of six persons in six months, the guard excepted.
At the end of that time he was compelled to comply with
Col. Norton's unreasonable demands, and half of the moyety
that was then justly due to petitioner for his service from July 5,
1683 Dec. 19, 1699, or else be kept prisoner till the General's
arrival, if it were seven and seven years. Begs for redress . Signed,
Emanuell Penhallow. 1 p. Enclosed,
120. i. Emanuel Penhallow's account of money received from
Col. Tho. Hill 1690-1700. 1 p.
120. ii. List of H.M. Independent Company, reformed Sept.,
1702. 1J pp. [C.O. 239, 1. Nos. 2, 2.i., ii.]
121. Copies of Governor's Instructions issued in 1702 and
calendared under dates. [C.O. 5, 188.]
[1702. 122. Brigadier Colenbine to the Earl of Nottingham. Petitions
? May.] that the medicines designed for Lord Peterborough's expedition
be forthwith sent down to Portsmouth etc. Signed, V. Colenbine.
1 p. [C.O. 318, 3. No. IA.]
ADDENDA.
1702.
Sept. 11. 1 23. Vice-Admiral Benbow to the Secretary of State [Earl of
Bredah. Nottingham]. The 7 July I received H.E.'s the Lord High
Admirall's declaration of war with France and Spain, as also
H.M. Declaration which I have communicated as desired. The
11 July we sailed from before Port Royal with H.M. ship in
the margent [Bredah, Defyance, Windsor, Ruby, Falmouth, Green-
wich, Colchester, Pendennis, Strombolo f .p., Carcass bomb, Cresswell
tender, Recovery sloop], with a designe to joyne Rear-Admiral
Whetstone, but having advice the 14th by the Colchester and
Pendennis, who that day joyned in, that Mounsr. Du Cass was
expected at Logann, which is on the north side of Hispaniola,
I plyed for that part ; nothing of moment happened till the 21st,
then took a small sloop near Cape Tiberoone. On the 24th by
accident the Strombolo fireship's gunroom blew up and broke
several of her beams, shattered her bulkheads, and disabled
her so far that was obliged to send the Pendennis with her for
Port RoyaH, as also the Bomb vessell and her Tender, which
sailed so intollerably heavy that we could gett but little ground.
The 27 we came into the Gulf of Logan and not far from the
Towne we saw severall ships at anchor, and one under sail who
sent her boat to discover who we were, but she came a little to
ADDENDA. 83
1702.
near, our boat took her before she gott on board, the people of
this boat informed that there were five or six merchant ships at
Logan, and that the ships wch. they belonged to was a King's
ship, and could carry 50 guns but now had but 30 mounted.
I persued him and prest him so hard that when he saw all hopes
lost for making his escape, run ashore and blew up, it being now
night we lay as near the shore as convenient. The 28 in the
morning came before the Towne of Logann, where there was
but one ship of about 18 gunns, the rest sailed from thence before
day in order to secure themselves in a harbour which is called
the Cue, but we having some ships between them and home, took
three of them and sank another ; this ship of 18 guns was hauled
ashore under their fortifications, which was a Battery of about
12 guns. We fired at their battery, sent our boats and burnt
the ship aground, which could not be gott off, the ship that was
sunk had sixteen guns, and one brought away of 16, the other
30 and one brigantine of six. These ships has in them some
wine and brandy and some small matter of sugar. The 29 we
came before Pettit Guavus, but finding no ships went not into
the place. We saw 3 or 4 ships in the Cue, a harbour which ]yes
much within the Land, and well fortified by nature etc., did not
think it safe nor convenient to run such a risk for so small matter.
We continued in this* Bay till Aug. 2, standing from one end of
the part that is inhabited to the other, fateaging the inhabitants
who expected our landing, but our circumstances would not
admitt of it. Wee saild for Cape Dona Maria, where is a good
Bay and water, were we arrived the 5th, having advices that
Mounsr. Du Cass is gone to Cartagena and from thence to Porto
Bello, I design to sail on that coast with H.M. ships in the
Margent (Bredah, Defyance, Ruby, Greenwich, Falmouth, Windsor).
Accordingly we sailed on the 10th Augt., and stretcht over towards
the coast of Sta. Martha, near that place the 19th in the morning,
we spyed tenn sail to the Eastward, little wind at East, we made
the best of our way to come up with them, about noon the wind
came out of the sea, then we could lye with them, and soon
perceived them to be Frenchmen, some of our ships three or four
mile astarne, I made the signall for battle, and went with an
easy sail to have them come up, and steered with the French,
who steered to the Westward along shore, under then: two top-
sailes, there was of them four sturdy ships from 60 to 70 guns,
one great Dutch-built ship about 30 or 40 guns, and one small
ship full of soldiers, the rest were a sloop and three small ships.
I was very uneasy to see our ships so long a coming up, and in
such disorder, our line of battle was as per margent (Defyance,
Pendennis, Windsor, Bredah, Greenwich, Ruby, Falmouth), the
Defyance being to lead, whose Commander I found did not make
all the haste he might into his station, as also the Windsor. I
sent to them to make more sail ; the night approaching we steered
alongside of the enemy, and endeavoured to near them, being
to windward and steering large, but not with a design to atackt
them, before the Defyance was abrest of the headmost ship ;
but before this was done the Falmouth in the rear attackt the
84 ADDENDA.
1702.
Flemish ship, the Windsor the ship abrest of her, as also did the
Defyance. Soon after we were obliged to do the same, having
receiv'd the fire of the French ship abrest of us. The Defyance
and Windsor after they had received two or three broadsides
from the enemy luft out of the line, out of gunshott ; the two
(s)tamemost ships of the French lay upon us, which very much
gauled us, our ships in the Rear not coming up as they ought :
it was four a clock when we begun, and continued till it was dark.
We kept them Company all night steering to the Westward.
I did believe that if I order 'd a new line of Battle and lead myself e
on all tacks (perceiving the French would decline fighting if they
could) might do the better, and that our people for shame would
not fail to follow a good example. The line of Battle and orders
are enclosed. 20th. At daylight in the morning I found we
were near the enemy, only the Ruby up with us, the rest of our
ships three, four and five mile astarne ; it proved little wind,
and we were within gunshott of all the Enemy, they were so
civell as not to fire, otherwise must have received a great deal
of damage : at 2 this afternoone, the sea breeze came, the enemy
gott into a line making what sail they could ; our ships not
coming up ; we with the Ruby plyed our chase guns on them
till night, then left of; keeping them company all night. 21st.
At daylight in the Morning we Being on the Quarter of the second
ship of the Enemys and within point blank shott, the Ruby being
ahead of us, she fired at the Ruby, which the Ruby returned, the
two ship which were ahead fell off, being little wind, brought
their guns to bear on the Ruby ; we brought our guns to bear
on this ship which first begun and shattered him very much,
which obliged him to tow from us, but the Ruby being so much
shattered in her masts, sailes and rigging that I was obliged to
lye by her and send boats to tow her off ; this action held almost
two hours, during which the Rear ship of the enemy was abreast
of the Defyance and Windsor, who never fired one gun, tho'
within point blank ; at 8 a gale of wind sprung up, the Enemy
making what sail they could : we chasing in hopes to come up
with them, then abrest of the River Grandy, our ships then in
good order for battle, wch. was more than I saw before, being
then in hopes they would consider their Duty, the Ruby being
disabled lay astarne; at two this afternoon I gott abrest of two
of the Starnmost and finding we gott nothing of them, in hopes
to disable them in their masts and rigging, I began to fire on them,
as did some of our ships astarne, but we lying abrest of them,
they pointed wholly at us, wch. gauled us much in our rigging,
and dismounted two or three of our Lower Tier guns ; this held
about Two hours : they gott without shott, we making what
sail we could to come up with them, but they using all the ships
[? shifts] possibly they could to evade fighting (and when so,
'tis a very hard matter to joyne battle), this night we used our
utmost endeavour to keep them Company. 22nd. This morning
at daylight the Greenwich was about Three leagues astarne,
tho' the line of battle was never struck night nor day, the rest
of our ships indifferent near (except the Ruby), the Enemy about
ADDENDA. 85
1702.
a mile and a half ahead : at 3 this afternoon the wind came to
the Southward, which before was Easterly ; this gave the Enemy
the weather Gage, but in tacking we fetcht within gunshott of
the sternmost of them, firing at each other, but our line being
much out of order, and some of our ships three mile astarne,
this night I perceived that the Enemy was very uneasy, altering
their courses very often, between the West and the North. 23rd.
At daylight this morning the Enemy was about six mile ahead
of us, and the great Dutch ship separated from them out of sight,
some of our Squadron at this time more than four mile astarne
(viz., Defyance and Windsor), we making what sail we could
after them ; at 10 a clock the Enemy tackt, the wind then at
E.N.E., but very variable : we fetcht within point blank shott
of two of them passing our Broadsides at each other ; most of
our ships could not come within shott, soon after we tackt and
persued them what we could ; about noon we took from them
a small English ship called the Ann galley, which they had taken
off of Lisbourne ; the Ruby being disabled could not keep Company,
I ordered her for Port Royal! ; at 8 this night our squadron
was all fair by us, being then distance from the Enemy about
Two mile, they steering S.E., and very little wind then at N.W.,
and variable, we steering after them and all our ships (except
the Falmouth) falling much astarne ; at 12 the Enemy began to
separate, we steering after the sternmost. 24th. At 2 in the
morning we came up within call of her, it being very little wind,
being all clear fired our Broadside with double and round alow,
and Round and partrid(g)e aloft, which he returned very heartyly ;
at 3 a clock by a chain shott my right Legg was broke to peices,
and was carryed downe. this continued till day, then see seemingly
the ruines of a ship of about 70 gunns, her Mam Yard downe
and shott to peices, her foretopsail yard shot away, her Mizon-
mast shott by the board, all her rigging gone and her sides bored
to peices with our double-headed shott, the Falmouth assisted in
this matter very much, and no other ship ; soon after day we
saw the other part of the Enemy coming towards us, with a
strong squale of wind Easterly ; at the same time the Windsor,
Pendennis and Greenwich coming ahead of the Enemy towards
us, came to Leeward of the disabled ship, fired their Broadsides
past her and stood to the Southward, then the Defyance following
them who came also to Leeward the disabled ship fired part of
her broadside, the disabled ship did not fire above twenty guns
at the Defyance, before he put her helme a weather and runn
away right before the wind, lowered both her topsailes and run
to leeward of the Falmouth (which was then a gunshot to leeward
of us, knotting her rigging) not having any regard to the signall
of Battle, the Enemy seeing our other three ships stand to the
Southward, expected they would have tackt and stood with
them, they brought to with their heads to the Northward, they
then being about two mile from us, we being then within halfe gun
shott of the disabled ship : the enemy seeing those three ships
did not tack, bore downe upon us and run between the disabled
ship and us, giving us all the fire they had, in which they shott
86 ADDENDA.
1702.
our main topsailyard and shatter'd our rigging much, having
none of our ships near us, neither did they take notice of the
Batle's signall, but all in a confused hurry : the Captain fired
two guns at those ships ahead in order to put them in mind of
their duty, the French seeing this great disorder of fear and
confusion amongst us, brought too and lay by there owne disabled
ship, reman'd her, and took her in a Tow, our Rigging beins
much shattered we lay till 10 a clock, our ship being again fitted,
the Captaine acquainted me of it, I ordered him to persue the
Enemy and told him I would give them battle, at that time
the Enemy was about three mile from us and to leeward, having
the disabled ship in a Tow steering N.E., the wind at S.S.W., we
making all the sail after them we could, our Batle signall always
out notwithstanding our ships running confusedly one amongst
another, which appeared much like fear, and gave the Enemy
no small encouragement having before seen the behaviour of some
of us ; I ordered Gapt. Fogg to send to the Captaines to keep
their line, and behave themselves like men, Capt. Fogg sent this
message by Capt. Wade to Capt. Kirkby and Capt. Constable,
who told them I was very angry that they did not behave them-
selves better ; soon after this message Capt. Kirkby came on
board me, and before he askt how I did, he repeated these words,
that he wonder'd I would offer to engage tr-e Enemy again, and
said it was not requisite nor convenient after six days tryall of
their strength, and magnified the strength of the French, lessening
ours, I did then believe there was a snake in the Grass, otherwise
should not have mett with so many misfortunes. I told him
that was but his opinion, I would send for the rest of the Captaines
and know theirs ; accordingly order'd Capt. Fogg to make the
Signall and there opinion was as enclosed. When I saw this
I was well assured that they had no mind to fight, and that all
our misfortunes heretofore came threw cowardice, and that the
objections they made for not fighting was eronious ; I thought
it not fit further to venture for if the Enemy could have disabled
me, they would soon have dispatcht them, except those that had
good heels, wch. I believe then would not have been wanting ;
when this opinion of theirs was given we were abroadside of the
Enemy, and the only opportunity to fight in Six days ; we were
one 70 gun ship, one of 64, one of 60 and three of 50, our masts
and yards etc. in as good a condition as could be expected, and
not eight men kill'd amongst them all besides those of the Bredah,
ammunition sufficient, I then and all our men willing, and to
referr this to a fitter opportunity which never could be expected,
to me was a perfect deniall. They likewise say that the French
had five men-of-war from 60 to 80 guns, wch. is false, for there
was but 4 from 60 to 70, and one of them in a Tow, being all to
peices, and as to their numbers of men, they are well thin'd,
believing we have as many good as they : if this be allow'd,
there is no going to sea for a Flagg etc. unless he carry his Father,
Sons or Brothers to assist in the day of batle. I thought always
till now that a good Example would make any Body fight. This
night we parted with the French, but with no small regret to me,
ADDENDA. 87
1702.
and made the best of our way to Port Roy all, where we arrived
the 31st with our ships, where we found Rear Admll. Whetstone
with the rest of H.M. ships. Signed, J. Benbow. Endorsed,
R. Jan. 11, 170f. 5* pp. Enclosed,
123. i. Line of Battle (referred to above). The Bredah to lead
upon all tacks and before the wind Bredah, Defyance,
Windsor, Greenwich, Ruby, Pendennis, Falmouth. When
the signall is made to draw into this line each Capt. is
required and directed to keep H.M. ship he commands
not further then halfe a cable's length from the ship he
follows and in the same paralell with the Bredah ; he is not
to quitt this Line on any pretence whatever without
first giving me notice, nor to keep a greater distance then
is directed, as he or they shall or will answer the contrary
at their perill. And for so doing this shall be your
warrant. Aug. 19, 1702. If any ship faulters, the
next ship that follows is to take her place. 1 p.
123. ii. Duplicate of preceding.
123. iii. Duplicate of preceding.
123. iv. Reasons of the Captains for not engaging the Enemy
Aug. 24, 1702, drawn up by Capt. Kirkby, 1 p.
See preceding volume of this Calendar, Nos. 936, i., ii.
123. v. Duplicate of preceding.
123. vi. Duplicate of preceding. [(7.0.318,3. Nos. 4, 4. i.-vi.]
Sept. 11. 124. Vice-Admiral Benbow to the Secretary of State [Earl of
Bredah. Nottingham]. Begins with Duplicate of preceding letter. Continues:
Sept. 24. Bredah in Port Royall Harbour, Sept. 24, 1702. I have advice
that the Duke of Albuquerque did embark on Mounsr. Du Cass's
Squadron at the Groyne, as also 1,500 Spanish soldiers which
was brought into these parts by eight Frenchmen of war and
14 Transport ships ; the first place they came to was Porto Rico,
where they wooded and water'd, cleared several of their Transport
ships sending them for Europe after three days stay in that
place, then sailed to the Westward, and off of the East end of
Hyspaniola they separated, which I judge might be about the
10 August ; the Duke of Albuquerque with Two men-of-war, one
of 60, the other of 70 guns, with four transport ships having a
thousand Spanish soldiers on board run downe the North side of
Hyspaniola bound for Vera Cruix ; Mounsr. Du Cass with six
men-of-war and three transport ships went downe on the North
side with Five hundred Spanish soldiers and stopt at Sta. Domingo
did not stay, but sailed for Ryo de Hatch, lay before that
place about six hours, where he left two men-ol-war, one of fifty,
the other of forty guns, to settle the Assento. From thence he
designed for Cartagena and Porto Bello, there to land the soldiers.
This advice I have had from the Commander of the ship I took
from him. [See above.] The 20th of this hist, arrived here
H.M.S. York and Norwich, as also all the storeships and victuallers
which came out with them, which to us were very welcome, also
H.R.H. the Lord High Admirall's Order for sending a ship for
New England to convoy home two merchant-ships loaden with
ADDENDA.
1702.
masts etc., which is complyed with, likewise for sending a man-
of war to Barbadoes, there being a great number of merchant
ships that requires convoy home. Yesterday came into this
Port a merchant ship, which in stress of wether had lost her
mast who sailed from Barbadoes about the 10 August, the Master
of which informes me that the merchant ships were all sailed
in June last, and that he left but three sail in that place, for
which reason deferr sending a ship that way. Allso shall in all
duty observe H.R.H. Orders as to the impressing of men in
these parts, which has been with all care complyed with as my
Instructions directs, which he is pleased to referr me to. I have
not imprest one man from the shore, nor ordered any since my
being in these parts, nor no were else, more then the orders from
the Govern our (for the time being) directs, which is to take one
man in five out of all ships and vessels coming into this port,
which has not been exceeded, having given as strict orders as
possible to that purpose, and will use my utmost endeavour, if a live,
to see them comply'd with ; the people in these parts are very
buisy with their privateers, and 'tis by report what they
generally write is seldom true ; if I had not more regard for the
safety of the Queen's Island and there goods more then they have
themselves, this Island would not be long out of the possession
of the French, for I dare really believe that at this time (now
these privateers are out) besides the soldiers, which are not above
350, there is not 1,000 effective men on the Island, so that there
owne security must be forct upon them, for at this time here is
neither Law nor Governour, so that every man in a manner
seems to do what is right in his own eyes ; but I hope all will
do well, and that things come into a right center, when are (e'er ?)
H.M. shall be pleased to send a Governing soldier here. We are
using all the dispatch we can in fitting our ships, which will be
ready in a little time, considering my circumstances and a
shattered legg having lain at this time 32 days on my back in
this Torrid Zone. I have not as yett proceeded to try any of the
Captaines which refused to do their duty, but hope in a little
time to do it. The Glo'cester is careened, the Kingstone and Ruby
are fitting for it. Our Powder decays mightyly in these parts,
besides the consumption otherwise ; so that I humbly conceive
it absolutely necessary that there be 15 or 20 rounds of powder,
shott, parchment paper etc. sent here, if it is thought these ships
shall continue hi these parts. Those few men we have stands
pretty well, but are so small in number that no great matters
can be expected more than doing their endeavours when occasion
may offer, which I hope never to see wanting again. I have
ordered the Dunkirk to cruize off of the East end of this Island.
Signed, J. Benbow. Endorsed, R. Jan. 6, 170|. Enclosed,
1 4. i. Vice-Admiral Benbow to the Governor of Havana.
My Master the King of England has advised me that he
had lent the great Fleet of England to the Emperour
in order to transport his son the Arch-Duke of Austria
with 40,000 men into Spain, where he is confident he will
be received as their lawful King without the least
ADDENDA. 89
1702.
bloodshed or opposition, being well assured that 19partsof
20 of all Spain languish with impatience for the happy
opportunity, having had already a Tast of the French
Yoake, and being sencible of the difference of being a
Province to France (as in effect the Spanish Dominions now
are), and living under the lenity of the House of Austria.
I do not doubt but the work is begunn by this day and
that in a very little time I shall have an account of it's
being happily effected, and as there can be no doubt
of the success hi Europe, I am order'dto offer my assistance
of ships and men to any Governour of the Spanish
Indians who will be early in his service for the Austrian
King, and want it towards their support and effecting
so just a design as is giving a helping hand to the rescue
of his Country out of Bondage and Slavery. Sir, I will
not dwell long on this argument ; every man sees by a
thousand instances the Truth out, and most Spaniards
already feal it ; I will only add that I will with all the chear-
fulness imaginable execute my orders, and while there is a
ship or man in my Master's Indias, I engage my honour
they shall always be employed to support the just
cause ; and tho' I am informed the French at Madrid
has endeavour'd to insinuate the Poyson of Dissention
and to procure us all the unfriendly offices from the
Spanish Governours, I am in hopes I shall allwayes
find it was without effect, and that my Master's subjects
will still find those Acts of Friendship from you that
I am resolved at all times to do the Spaniards on all
occasions. Signed, J. Benbow. 1J pp. [C.O. 318, 3.
Nos. 5, 5.i.]
Nov. 30. 125. Governor Codrington to [? William Popple]. I am
St. Kitts. extreamly concerned I am not favoured with a letter from you
by the pacquet-boat. I shoud have had I doubt not more distinct
lights than have been afforded me either by my Lord N .[ottinghamt]
or my Lords [? of the Council of Trade] in relation to what is now
designed. I cannot guess whether the scene is to be to Windward
or Leeward of me it seems to Leeward by the mention of
Admiral Benbow and how then can I be useful unles I had
leave to quit my Government barely to attend my Lord
[? Peterborough] in person ? If the project be to Windward,
I doubt there are not land forces sufficient, for the great and
onely design we ought to have there should be noe trifling wt.
is to be done, such must be done by dint of force and resolution,
the opportunity of surprize is past, and the enemy everywhere
well intrencht and prepared the little reputation I have gained
has put them upon taking better measures for their safety. They
are making the town of Port St. Pierre very strong with good
bastions very well furnisht with artillery, but I hope it will not
be finisht. Yet such a fleet with such a man at the head of it
must not come to the Indys for nothing, and I shall not fail to
tell my Lord he had better lose fifteen hundred men sword in
90 ADDENDA.
1702.
hand than twice as many with fevers and fluxes. We might
have had Martineque last war for asking for, but we were modest ;
it will not come now so cheaply. My Lord is brave and
determined He will push and will be followed. Miracles are
sometimes done by bravery, and we must exert all we have.
I have but one life to lose and my Friend and Country deserve it.
I wish this had been deferred till the Northern Plantations could
have assisted they have great numbers of men. My Govern-
ment can't afford half a tolerable regiment, and that 'tis impossible
for me to get together, for the Enemy has twenty privateers out.
They infest our very harbours every night, take all our vessells,
and I cant send a letter from one Island to another with orders.
Barbadoes can with ease furnish two good Regiments, which will
I hope be ready, for I doubt not orders have been given the
Fleet should not stay there a day, to attend 2 or 3 hundred
men from hence would doe much more prejudice than service.
I shall send up a Gentleman to attend my Lord at Barbadoes
with my opinion. I had prepared a very long letter for my
Lord Nottingham, wch. I should have sent in 4 or 5 days from
hence, but my scheme must be now useless, and 'twould be
Pedantry to trouble my Lord with it the dice are thrown, and
we must expect the event. When this is over, I shall deserve
to come home, for I am unalterably determined to return the
vote has sunk too deep in my heart ever to be removed, and I act
now very uncomfortably without pleasure and without ambition
If I live to see England, I will pas my life in my Library and be
buryed in my garden. This gives me a pretence to lay hold of
the offer you were pleased to make me, and to beg you will please
to let one of your under gardiners plant me some fruit-trees and
vines at Doddington. I doubt my Lord has executed but little
there. His designs were too large to be finisht. I shall write
to my Lord N[? ottingham] by 2 ships ha a few days ; if this,
which goes by the way of Jamaica, arrive sooner, I beg you'l
please to communicate it to him. I have not been honoured
with any letter from the Lords these six months. I have writ
by every ship, tho' Mr. Gary sends me word noe one has heard
from me. Signed, Chr. Codrington. Holograph. 3| pp.
Enclosed,
125. i. Terms of Capitulation of the French part of St.
Christopher's. Copy. [See Gal. A. & W.I. 1702.
No. 968.1.] 3 pp. [(7.0. 239, 1. Nos. 3, 3.1.]
1703,
1703.
Jan. 1. 126. J. Burchett to William Popple. The Report from the
Admiralty Lords of the Council of Trade and Plantations upon the several
Office. petitions of the merchants trading to Virginia has been
communicated to H.R.H. ; and thereupon directions will be given
for two ships of the fourth-rate to proceed from hence with the
trade by the latter end of January, and at Virginia joyne two
others, which Vice-Admiral Benbow is ordered to send thither
from his squadron : all which ships will have directions to come
from thence the first or tenth of July next, with the Trade that
shall then be ready to accompany them. As for the other convoy
in July next, the many other pressing services will not admit of
the sparing four ships, but two of the fourth rate will be appointed
to proceed at that time ; and they will be seen well into the sea
by other ships that will be particularly appointed. Signed,
J. Burchett. .Endorsed, Reed. 3, Read 4 Jan., 1702(3). Addressed.
1 p. [C.O. 5, 1313. No. 10; and 5, 1360. p. 351.]
Jan. 1. 127. Minutes of Council of Virginia. Upon reading several
letters from Capt. Moodie, H.M.S. Southampton, wherein he
uses diverse threatening expressions against Col. William Willson,
Col. Miles Cory and Lt.-Col. Tho. Ballard, tending to the breach
of H.M. peace, H.E. called in James Wallace, clerk, and declared
that he intended to make use of him as an evidence for the Queen
against Moodie. He was sworn and deposed that he saw one or
two of the letters, but never was concerned in composing any
of them. After making some denials, he admitted that he had
heard Capt. Moodie threaten he would cane or horsewhip them.
H.E. said that he was equivocating and ordered the Clerk to
take note of it, whereupon Mr. Commissary Blair declaring that
he had not observed any equivocation ; H.E. demanded him
to deliver his protest in writing, which he did.
Whereas complaint hath been this day made to H.E. in Council
by Col. William Willson of Elizabeth City County that
Capt. Moodie on Dec. 19, whilst Complainant with other Justices
of the Peace was holding Court for the said County, did with
several of his men belonging to the ship come to the said Court
whilst setting, and there with his sword and cane in his hand
walkt too and fro before the door of the said Court House to
the terror of those that were present, and as soon as the Court
was adjourned and the Justices came out of the Court-house,
Moodie taxt the complainant with abuses, wch. complainant
had offered him, and said he would have satisfaction and be
revenged, and bid him to take heed to himself, for he would
certainly be revenged of him before he left the country ; and
therefore praying H.E. that the honour and peace of the Govern-
ment may be preserved and the lives of H.M. subjects secured ;
and whereas it appears by the depositions of several persons taken
92 COLONIAL PAPERS.
1703.
before H.M. Justices of York County that Capt. Moodie at the
Court House of the County of York, Sept. 24, did utter diverse
threatening words, and publish a certain writing against Col. Miles
Gary, Naval Officer of York River, contrary to H.M. peace ;
Ordered that the complaint of Col. Wilson, with the depositions,
be referred to Mr. Benjamin Harrison, H.M. Council at Law,
for his opinion what can be done in law thereupon.
Col. Willson having made oath that by reason of Capt.Moodie's
threatenings he has just cause to apprehend his life is in danger,
it is the opinion of the Council that H.E. renew his commands
to Capt. Moodie, requiring him and all officers and seamen under
his command to keep the peace towards all H.M. subjects, and
particularly towards Col. Willson, Col. Gary and Lt.-Col. Ballard,
[and that they] be in like manner required to behave themselves
peaceably towards Capt. Moodie and avoid coming into his
company.
The Council having taken into consideration what will be best
for H.M. service and the advantage of trade in relation to the
ships now in the country bound for England, are unanimously
of opinion that if Capt. Moodie, H.M.S. Southampton, is resolved
to touch at Newfoundland, he is not a proper convoy for them.
And whereas it is very probable that all, or most, of the ships
now in the country will be ready to sail by March 4th, they are
further of opinion that the embargo be continued till then, and
that all such ships as shall be ready at that time sail in a fleet.
And in case Capt. Moodie shall declare that he intends to proceed
directly to England, then this Board do conceive it for H.M.
service that H.E. issue his warrant to him to stay till March 4th
in order to take the said merchants' ships under his convoy, it
being but 4 weeks longer than the time he proposes to sail, and
that it be left to Capt. Moodie to appoint the place where the
said fleet shall make up.
Letter from the Commissioners of the Customs, intimating
that they had appointed Sampson Trevethan to be Surveyor of
the Customs in Elizabeth River, read and entered.
Upon the petition of James Bushell, Clerk, complaining against
the Vestry of Marttin Brandon parish (cf. Aug. 15, 1702), ordered
that Mr. Benjamin Harrison prosecute the said Vestry.
H.E. acquainted the Council that pursuant to the Order of
Oct. 27 last, Mr. Benjamin Harrison, H.M. Counsel at Law,
had reported his opinion upon the deposition of John Shoote,
relating to some gold and a negro boy taken up by Capt. Lewis,
Commander of the Sarah galley, out of a sloop belonging to
New York, wreckt at sea, being the goods of John France, a
passenger cast away in the said sloop, and that, upon enquiry,
Capt. Moodie had informed H.E. that it was usual hi such cases
to allow one-third to the taker up for salvage and that the other
frds belonged to the Lord High Admiral ; upon which H.E.
had directed his warrant to Lewis to pay two-thirds of the gold
and of the value of the negro boy to Capt. Moodie, by whom
he intended to send the same to H.R.H. the Lord High
Admiral.
AMERICA AND WEST INDIES. 93
1703.
Petition of John Hilliyard of Warwick County praying that a
horse formerly belonging to one John Welsh of the said County
and become deodand, may be granted to him, was referred to
Mr. Auditor Byrd.
Petition of Edward Ross praying that a survey may be made
of the old burnt musquets etc. now hi magazine at James City,
and that the same may be ordered to be sold for paying contingent
charges, referred to Mr. Auditor Byrd.
H.E. acquainted the Board that he intended to have laid
before them several matters relating to H.M. Revenue, but
Mr. Byrd not being here, he would defer it. [C.O. 5, 1409.
pp. 268-271 ; and 5, 1412. pp. 23-26.]
Jan. 3. 128. Christian Lilly to the Council of Trade and Plantations.
Jamaica. I am sorry that I should have occasion to send your Lordship
this ill news, but having the honour to serve H.M. as third Ingeneer
of England as well as Chief Judge of this Island, I think it my
duty to acquaint your Lordships that on the 9th of this instant
between 11 and 12 of the Clock in the morning a fire hapn'd
thro carelessness to break out in a warehouse at Port Royall,
which before night consum'd all ye Town, and left not one house
of it standing, by which meanes a great many people especially
merchants are ruin'd. For this Town being scituated upon a
smal Cay, now, of about Thirty Acres of Land, surrounded with
the sea, and the whole place taken up with houses and the streets
and lanes extreamly narrow, the poor people had not that con-
veniency of saving their goods as might have been expected in a
place where they might have been more at large. However,
H.M. forts and magazines have not thereby received any damage,
nor any of the ships which lay here at anchor, except one brigantine
and a sloop burnt ; and I hear that most all the merchands
have saved their money and books, and some of them considerable
quantities of goods through the assistance of boats from the
ships of war etc. The Assembly of this Island immediately
meeting upon this accident, are now about making a law for
the people of this place to settle upon the mainland of Jamaica
at a place called Kingston, and for to hinder Port Royall (which
has proved so fatall a place to this country) of being a place of
trade for the future ; because it is found upon examination
that the fortifications built at Port Royal are of no security
for the Island of Jamaica in general, since an enemy's ships of
war may goe into Kingston Harbour without having occasion
to come within a mile of this place, and that as to Port Royal
in perticular, the same mischief which now has hapn'd thro'
accident might have been done by an enemy with the expence
of one single fireship ; besides the communication between it
and the mainland would have been very inconvenient, if not
altogether impossible in case of an attack, it being at least three
miles distance from any convenient place of passage to it from
the rest of Jamaica. If your Lordship should be desirous of
seeing a draught of the chief settlements and fortifications of
this Island, I did about 18 months agoe leave one with Mr. Povey,
94 COLONIAL PAPERS.
1703.
Clerk of the Council, for Mr. Blathwayt, who had requested mee
to do it. Signed, Chrn. Lilly. Endorsed, Reed. March 13,
Read 15, 170f . Holograph. 3 pp. [C.O. 137, 5. No. 91 ;
and 138, 10. pp. 424-428.]
Jan. 3. 129. Earl of Peterborough to [? the Earl of Nottingham].
My Lord, You were pleased to desire me to lett you know what
might be wanting, or necessary to have imediat directions in,
the arrival of the Dutch being in all probability so neer, My Lord
to quicken the dispatch of the medicines agreed off, I sent 100?.
for earnest, and we have reduced the demands from [? five] to
300L that it might be more easy ; if that money be not immediately
advanced to Sir Tho. Millington we cannot have that provision
without which it were barbarous to send troops into such climates.
My Lord, I have done my utmost to solicit and procure what is
necessary in all respects, and these medicines could not have
been had for thrice the money by any other method. I have
not been wanting to the utmost of my power to advance and
encourage this service, but in some short time I expect to find
everybody resolved not to go but those that must goe or hang.
The Phythithian recommended by the Colledge now declines to
serve, since he is offer'd but half the pay given to him that serves
abord Bembo's fleet. Mr. Friend that sollicited by the Bishops of
London and Rochester and his brother of Wesmister School to
be Chaplain is really sick, or sick of the voyage. But, my Lord,
at this time of day, I know nothing positive of the establishment.
I know of no general officers as yet appointed and preparing
to goe. I have tried all means to engage and fix my Lord Porthmore,
but there is an irresolute and Si ^^ omo Lady in the case. I have
persevered truely in my desires to serve the Queen and my
country, that no alterations (tho' such as were not to my
advantage), no coolnesse in others hath abated my zeal and
steadinesse, but, my Lord, you would have an ill opinion of
mee if you could think me so mistaken as to believe myself all-
sufficient, besides this service of all others requires a succession
of those fit to carry on the public design . It is a fatal circumstance
in our Constitution that men engaged, and under characters
that oblidge their duty, that such must be courted and entreated.
It is not in my power to mend these absurdities, but it is so well
known that troops must have officers to command them, that I
think I may conclude the necessary measures will be taken.
For my own part, it is enough to make me loose all hopes of
future seasonable supplies and support, when I find such dificulties
when I am presant, and yet am sensible of the favour of the
Queen and the ministry more then I deserve. Signed, Peterborow.
Holograph. l pp. [C.O. 137, 45. No. 37.]
Jan. 3. 130. John Thrale to the Council of Trade and Plantations.
Prays to be admitted to see all papers sent from New York
relating to Mr. Atwood and Mr. Weaver, and such papers
as may be thought proper to produce before H.M. in Council.
AMEKICA AND WEST INDIES.
95
Office.
1703.
Signed, Jno. Thrale. Endorsed, Reed. Read Jan. 4, 1702(3).
f p. [0.0. 5, 1048. No. 10.]
[Jan. 4.] 131. Mr. Mathews' account of what is due to clear the Four
Companies at New York from Jan. 1, 169| Dec. 24, 1702.
Signed, Peter Mathews. Endorsed, Reed. Read Jan. 4, 1702.
2 pp. [(7.0. 5, 1048. No. 11.]
[Jan. 4.] 132. Saml. Allen to the Council of Trade and Plantations.
In spite of the letters and orders of H.M. 1680, 1682 etc., Robert
Mason and Allen have been kept out of possession of the unim-
proved lands in N. Hampshire. Prays tbe aid of the Board.
Signed, Sa. Allen. Endorsed, Reed. Read Jan. 4, 1702. 2J pp.
[0.0. 5, 862. No. 143 ; and 5, 910. pp. 330-333.]
Jan. 4. 133. J. Burchett to Wm. Popple. In a late report from the
Adnuralty. Council of Trade and Plantations, it is proposed that orders
might be sent by two sloops to the Governors of Virginia and
Maryland, for detaining the trade there to a certain time therein
mentioned, that so it may come home entire with the appointed
convoy. I am commanded by H.R.H. to acquaint you for the
information of their Lordships, that there are not any sloops
of H.M. in the way to be sent on this service, but that if H.M.
upon it's being laid before her in Council shall be pleased to
direct such orders to her said Governors, the said may be conveyed
to them by the Golden Lyon, John Gundry, Master, and the
Baltimore, Mathew Forster, which ships have letters of marque,
and are, or will suddenly be ready to proceed from hence on
their voyage. Signed, J. Burchett. Endorsed, Reed. Read
Jan. 5, 1702(3). Addressed. 1 p. [0.0. 5, 1313. No. 11 ;
and 5, 1360. p. 352.]
Jan. 4. 134. Journal of Council of Trade and Plantations. Letter
Whitehall, from Mr. Burchet, Jan. 1st, in relation to convoys for the Virginia
and Maryland trade, read. Mr. Perry with some other merchants
of this City being occasionally without, they were called in,
and the said letter communicated to them. Ordered, that it
be communicated to Sir William Dames and other gentlemen who
have appeared here in behalf of the Western Ports.
Order of Council, Dec. 31, read. Directions given for preparing
an Instruction for Sir Seville Granville accordingly.
Order of Council, Dec. 17, read. Ordered that the same be
sent to Col. Codrington.
Mr. Champante, Capt. Matthews and Mr. Thrale all attending
according to order, Mr. Champante offered to produce witnesses
that the cloathing sent by him in 1700 for the soldiers at New
York, they being then but 200 men, were received ; and the
same was acknowledged by Capt. Matthews himself, only with
these observations, that about the same time 200 soldiers more
arrived at New York from Jersey and Ireland, and that
Lord Bellomont was told that they ought to have had new
clothing, whereupon Mr. Champante said that Sir Charles Hara,
96 COLONIAL PAPERS.
1703.
out of whose regiment part of those soldiers were detached, did
receive 300Z. for that service, and Capt. Matthews further observed
that there was no mounting sent along with the said cloaths,
which Mr. Champante agreed to. Whereupon the present agents
for Lord Corn bury and New York (Capt. Matthews and Mr. Thrale)
were directed to take care that a mounting be sent along with
the next cloathing . As to the clothing last sent by Mr. Champante,
he produced a letter from Capt. Nanfan of Oct. 5 last wherein
he writes that the said cloathing were arrived there and was
seemingly well, and Capt. Matthews owned that when he came
from New York, Oct. 14, he had heard that the said cloths were
arrived ; but that having been some days before with
Lord Cornbury at a place about 80 miles distant from New York,
his Lordship had then not heard of their arrival. As to the
subsistence of the soldiers Mr. Champante complained that
Capt. Nanfan had been obliged by the Lord Cornbury to subsist
them till May 9th, which Capt. Matthews owned also to be true,
and Mr. Champante thereupon declared that the subsistence he
had received for the soldiers did reach no further than Dec. 24,
1701. So that allowance ought to be made for so much as have
been paid more than received, in which he desired their Lordships'
assistance. Capt. Matthews', Mr. Champante's and Mr. Thrale's
accounts were laid before the Board. After which their Lordships
exhorted the several parties to meet together friendly, to settle
these accounts between themselves, and to acquaint this Board
with the result of that meeting, in order to their further
proceeding.
Order of Council, Dec. 31, 1702, read. Ordered that Mr. Weaver
and Mr. Atwood be given notice thereof, and that the reasons
transmitted by the Lord Cornbury for suspending them and his
articles against them, will be communicated to them when they
please to call.
In answer to Mr. Thrale's Memorials, the said papers were
delivered to him. He was directed to take care that Mr. Attorney
and Mr. Sollicitor General be instructed in the matter, in order
to their attendance at the time appointed, and that Col. Lodwick,
and other Gentlemen of New York, capable to give information
in those affairs, have notice to attend also at the same time.
Memorial from Samuel Allen, relating to the Propriety of New
Hampshire, read. Upon consideration of what was further
offered by Mr. Asher and Mr. Wharton, they were directed to
draw up in writing a state of Mr. Allen's case, in order to the
forming of proper questions, upon which the Attorney General's
opinion may be taken in point of Law.
Jan. 5. Letter from Mr. Burchet, Jan. 4, read.
Order of Council, Dec. 31, relating to the Virginia Convoy,
read, and orders given for preparing Instructions accordingly.
Their Lordships took into further consideration the Draught of
a Charter for the importation of Naval Stores from New England,
which was brought hither by Mr. Wharton, and having struck
out several clauses relating to lands, inserted several provisoes.
[C.O. 391, 15. pp. 342-350 ; and 391, 97. pp. 1-10.]
AMERICA AND WEST INDIES. 97
1703.
Jan. 4. 136. Minutes of Council [and Assembly} of Barbados. Letter
from M. Sabarett read, desiring to know why M. Casali was not
returned hence with the French prisoners.
Letter from Lt.-Coll. Willis read, giving an account that the
French that came in this pretended flagg of truce had contrary
to the custom of all places landed themselves with their arms
without any leave from the Government, whereupon he secured
them under a guard, believing them to be spies. The Board
sent for and examined several of them, and then ordered that a
further search be made and their papers secured, and they to
continue under custody till the truth of their designs should
appear.
William Hart said that he was informed that they had privately
landed a chest in which was supposed to be some private orders ;
whereupon he was impowered to demand the key or, in case of
refusal, to break open the chest and examine the papers therein,
and give an account to the President.
Proclamation ordered for the encouragement of them that
shall bring in some seamen that have absented themselves from
the service in the ships that lately arrived from the East Indies.
The Assembly having sent in their answer in writing to the
President's Speech, it was entered as follows : 'Twas with no
slight dissatisfaction that we heard the harsh interpretations
of and severe remarks that your Honour made upon our well-
meant words and well-intended actions, and being willing to
give all just satisfaction to modest enquiries into our past
behaviour towards your Honour, and to prevent misunder-
standings hereafter, we humbly offer this answer. We presume
we need not to be told, for we sufficiently know and are heartily
thankful for the matchless goodness of our present true English
Establishment as well in Church as State, and believe therein
Prerogative and Privilege are so wisely blended that it can neither
be the true interest of the Prince or People to subvert or invade
either of them, and believe also that whoever shall endeavour
to alter the present happy temperament, either by carrying
Prerogative higher or running liberty lower, are equally enemies
to our present constitution, for it it were left to our option, we
would not have Prerogative less, because we could not then have
our liberties maintained, nor would we have privilege less, because
we could not be secure from tyranny and oppression, if a bad
Prince should come to the Throne. We need not also be informed
that it is as well the interest as duty of every single member in
our Government to be diligent in the performance of their several
charges etc. ; but we are not conscious that we have prevaricated
or much neglected our duty. We question not (now) either the
sincerity or diligence that your honour or the hon. Members
of H.M. Council have used in the dispatch or promotion of things
for the public good, because recrimination is not our business,
but can avow with truth that the not making a quorum of our
House and our quick adjournments have often been due to
inclinable [sic] circumstances. How ungrateful it was to your
Honour and with what irksomeness you undertook the trouble
C7
98 COLONIAL PAPERS.
1703.
to tell us in a set speech that we dishonoured our Orations Queen,
disparaged her Government and lessened her authority, we
know not, but you may be assured it was very unpleasant to us to
hear, whereas, through the whole course of our lives our actions
have been a continued manifesto (even to the most malitious)
of our strict loyalty to the Crowne, and our firm adhesion to the
established Government. We abhor, detest and abjure all
persons and things that look that way. We have also lookt
back (according to your Honour's advice) into the past deportmt.,
and can't find upon the nicest scrutiny anything therein of
that complexion. We suppose and humbly conceive that upon
a faithful representation of our actions and conduct in the Bill
for taking up and fitting of vessels of war for H.M. service, in
the securing our trade here, and placing them in a true light,
we shall not appear to [be] dispassionate and disinterested men
in those ugly colours your Honour was pleased to draw us in.
For after we had resolved upon taking up vessels and raising
men for that purpose, without the least hesitation, we fell upon
the consideration of ways and means, our Treasury being then
altogether out of cash, in which we met with some almost
insuperable difficulties, for we considered then that money to
arise from any tax to be laid de futuro, could not possibly be
collected near so soon as the unfortunate exigence of our affairs
called for it, therefore thought upon giving encouragement
by a law for the present advance of money by Loan, persuant
to which we had conference with several Gentlemen and spent
a great deal of time in perswading them to the terms (which
were hard enough) mentioned in that Bill, with which we
immediately waited upon your Honour with the accustomed
formalities, where our Speaker delivered the Bill himself, and
each Member all the while standing and bare, which are tokens
of our inferiority. Mr. Speaker did by command of the House
give your Honour to understand that we could not consent to
any alterations in that Bill, and that it must pass as we brought
it in or want the money (now your Honour may please to consider
that this is a disjunctive proposition) for the equipping our
vessels, which if we did, the evil consequent thereon would be
chargeable to your Honour, and that we must thereby be forced
to dismiss the vessels, and that we would adjourn our House,
having no other business of moment. Upon which a Member
of H.M. Council told us, we came and popt a Bill upon them,
which we took to be a treatment as unsuitable to a gentleman
of his character to offer as for men in our post silently to take,
and therefore by our Speaker signified the dislike of that
expression, because it seemed to insinuate that he believed we
were about to use some trick or leger de maine to betray your
Honour and Council into a consent to that Bill so formed. We
can't believe that by pressing your Honour to pass that Bill without
alteration, we gave the least shadow of a just suspicion that
we intended to impose either upon your loyalty or understanding
or went about to usurp a dominion or superiority over you,
and so invert the order or spoil the harmony of Government.
AMERICA AND WEST INDIES. 99
1703.
We suppose it only demonstrated the almost irresistable force
we were under from the pressure of our affairs and the inflexibility
of the tenders. You may with as much truth infer that the
Gentlemen we treated with for the loan were guilty of as high
an usurpation upon the Assembly for saying we must pass that
Bill for their satisfaction or want that money. That we after-
wards consented to the amendments you made in that Bill shewed
evidently that it was force not choice that did before determine us.
We hope to make your Honour's heavy charge against the
Speaker to arise from your misprision of our meaning, and some
undue and illogical inferences. The Assembly being apprised
by several of your Honour's purposes to send off the Flag of
Truce with the French prisoners to Martineco, and that a Gentle-
man almost unknown to most of us and a non-resident here,
who is a professed Papist, was chosen for that service, we
considering the evils that might probably surveen thereon
thought it our duty to supplicate your Honour not to employ
that person, and to accept of a Gentleman that we recommended.
Your Honour replied with some seeming dissatisfaction, saying
that we would in a small time sue possibly for another change,
and expect upon every slight and trivial occasion to move your
first conclusions. Mr. Speaker rejoined that it could not be
easily thought that whatever the whole Representative body
of the House should address for should be slight : that we lookt
upon ourselves to be the Great Council of this Island, and that
we were chosen by the general suffrage of the freeholders, and
were as watchmen set to observe carefully any danger, tho'
distant, that seemed to threaten this people, and humbly to
admonish (or if that word displease to advertise) you thereof,
that your Honour might out of your great care and prudence
timely provide against it. To suppose us to mean by that
expression, the Grand Council, that we were superior to your
Honour in dignity and had a paramount to or coesive [sic] power
over you, was to think us in a lunacy that rendered us fitter for
Bedlam than an Assembly. We could not in a sound sense mean
otherwise than that we were the Great Council in respect of
numbers, in which sense we suppose that the House of Commons
are often called the Great Council of the Nation. That we are a
Council, we presume will be allowed because your Honour's
writ calls us to advise etc. Upon hearing these reasons, we
expect your Honour will not think our late proceedings incon-
sistant with H.M. honour and power, or subversive of her Govern-
ment. Good God ! Did we ever so much as dream that we
should be charged with want of allegiance.
As to the unparalleled invasion of H.M. Prerogative which
you lay to our charge for equipping the vessel of war, we must
confess that the urgency of the thing, and the recess of your
Honour and Council at that time enforced us to act singly some
preliminaries only, which we would not otherwise have done
without your privity. For this hasty proceeding we did at our
next attending your Honour show the reasons, with the which
we thought you then rested well satisfied, for after that we carried
100 COLONIAL PAPERS.
1703.
on the concern jointly without any disagreement. We acknow-
ledge no difference [deference ?] due from us to H.M. Council
here, more than that which civil respect and reason, not duty,
exact, for we are one of the constituent parts of our Legislature
here, and the subordinate too, yet indipendent on the Council,
and enjoy a negative voice equal with them.
As to our neglect of the People's welfare which you deduce
from our seldom making a session of our House and our speedy
adjournment when made, we can't plead altogether not guilty,
but may plead in extenuation inevitable accidents, viz., sickness,
death of relations, lameness of horse etc. Our Quorum is very
great (15) in proportion to our number, 22. But though we confess
ourselves in this matter in some degree faulty, we think the
reprehension a little too rough, and a less reprimand had been
better from your Honour.
The sense of gratitude for H.M. late righteous, yet gratious
grant for the right application of the 4| per cent., which then
inferr [sic] we want, we doubt not but our acknowledgments
and retributions hereafter (when we know the whole of the grant)
will evince to be faulty.
As we have never yet, and religiously resolve never hereafter
to attempt the least encroachment upon the prerogative of the
Crown, or your Honour and Council's rights, so also we resolve
zealously to maintain by all lawful means our rights and privileges
inviolate.
It would seem that we are not under such an infatuation as
not to know the danger of distempers in Governments, and the
folly of divisions and heats in Councils, for whatever our resent-
ments were, we have now stifled them, to show that nothing
shall be wanting on [yjour part to restore a good understanding
between us.
Capt. Wm. Miln appointed to command the brigantine Larke
in place of Capt. John Martin.
Wm. Heysham was granted a drawback on wine turned sour.
[Ink much faded in parts.] [C.O. 31, 6. pp. 336-347.]
Jan. 4. 136. Minutes of Council of Bermuda. Ordered that George
Larkin be committed to H.M. Castle for several indignities \)\
him done to the Commission of his late Majesty wherein he
is nominated a Commissioner for trying of pirates in these Islands,
and for other repeated crimes, affronts and misdemeanours, for
declaring himself an opposer to Governor and Government in
the time of the quiet administration of the same, and for his
most scandalous, lewd and debauched practices by him done
and perpetrated in these Islands, as by several affidavits hath
appeared contrary to the peace etc., and there to remain and
continue till H.M. pleasure be further known.
The Justices complain against Dr. Josias Starr. A warrant
issued for taking him up.
Upon reading a letter from Col. Day desiring H.E. to deliver
up the bond to Mr. Mears, the Appeal bond about the house,
and the bond for the 501. fine ; as to the first Charles Walker
AMERICA AND WEST INDIES. 101
1703.
acquaints the Board that he was Attorney for Mears here, and
Tie lately received from him an Order from his late Majesty for
taking the said bond, and therefore he conceives he cannot deliver
it up without some other particular order for the same ; and the
rest of the Council here present conceive that it ought not to
be delivered up by the tenour and meaning of H.M. last Order,
the former Order not being repealed. Copies only ordered to be
delivered, but H.E. and this Board do not intend any let or
molestation thereby to hinder Col. Day from going over to England
in pursuance of H.M. Order. As to the second bond, it is the
unanimous opinion of the Board that the same being an original
bond of Appeal by Col. Day craved from a decree in Chancery
here entered in to H.M., that the same bond ought not to be
delivered up, only a copy, which [he] already hath. Ordered
that the said Bond shall not nor can be put into any prosecution
until H.M. pleasure be further known therein, and that in the
interim no let or molestation shall be made to Col. Day, but
he may depart with all the expedition he pleases. As to the
bond for the fine, H.E. hath acquainted the Board that pursuant
to the power given him in H.M. Instructions, he hath some time
since, upon Col. Day's petition about April last, transmitted
and respited the same to H.M. consideration in favour of Day,
and therefore this Board is humbly of opinion that the said
bond ought not to be delivered up without further directions
from H.M., and that it is of great opportunity and an advantage
to Col. Day in his expeditious dispatching home to England.
Ordered that the Secretary wait upon Col. Day for a copy of
the petition mentioned in H.M. late Order, that the Secretary
may give copies as by the same petition is desired with all
expedition. [C.O. 40, 2. pp. 52, 53.]
Jan. 4. 137. Minutes of Council of New Hampshire. Present:
Portsmouth. H.E. Joseph Dudley, the Hon. Wm. Partridge, etc. H.E. having
communicated a letter from the Council of Trade and Plantations,
Sept. 15, 1702, relating to the rebuilding the Fort in Piscataqua
River, where the present Fort now stands, as also a strong Tower
on the point of Fryer's Island, a battery on Wood Island, and
another on Clerk's Island, Ordered that a General Assembly be
called and writs issue for their meeting on Jan. 12.
H.E. communicated another letter from the Council of Trade
and Plantations, June 12, 1702, Whereupon it was ordered that
Henry Penny, Clerk of the Peace, make out a true copy of all
the fines escheated for this seaven years last past, and deliver
said copy to the Governor and Council within five days ; and
that Charles Story be allowed a copy of the complaint against
him signed by Edward Randolph, and that he give in his answer
to this Board in writing in 7 days' time ; and upon the clause
of the Memorial of Mr. Wall as relating to Capt. Ichabod Plaisted,
that Plaisted attend H.E. thereupon next Council day. To the
next clause of the same letter referring to certain enumerated
commodities seized by Mr. Sheafe, the Lieut .-Governor and
Council informed the Governor they had directed a new seizure
102
COLONIAL PAPERS.
1703.
of the enumerated commodities, which was four baggs of cotton-
wool, and that there is judgment for the Queen in the Inferior
Court, which they hope will be affirmed at the Superior Court
notwithstanding the owner, or claimer has appealed, from the
said Inferior Court to the said Superior Court.
In obedience to the last clause in the same letter, referring
to the Acts of the Province, Ordered that the Secretary with
all expedition make out a true copy of all the Laws now in being
of this Province, and particularly an Act for raising of 550L, in
order to be sent to the Council of Trade and Plantations.
Petition of Joseph Stephyns, late Commander of the Katherine,
relating to a special Court, was read and referred to the con-
sideration of the next Assembly. [(7.0. 5, 789. pp. 117, 118.]
Jan. 5. 1 38. William Popple to Sir William Dains and Robert Yates.
Whitehall. Enclosing Mr. Burchett's letter of Jan. 1, relating to Virginia
convoys. [C.O. 5, 1360. p. 353.]
Jan. 5. 139. Mr. Popple to William Atwood and Thomas Weaver.
Whitehall. The Council of Trade and Plantations acquaint you that H.M. has
been pleased, by Order in Council, to appoint that you be heard
before H.M. in Council by your Council learned in the Law upon
the complaints against you that have been transmitted hither
by the Lord Cornbury, which I am to communicate whenever
you call. [C.O. 5, 1119. pp. 329, 330.]
Jan. 5. 140. Minutes of Council of Virginia. Capt. Moodie (see
Dec. 31, 1702) having sent copies of his Order from the Lord High
Admiral and Capt. Leake, the same were read, together with
Capt. Moodie's letter of Jan. 4 which enclosed them. H.E.
declared that as to what Capt. Moodie says, that to give copies
of his orders, he never heard of any president for the like, H.E.
thinks it is without precedent to deny them ; that as to his being
now under the orders of the Lord High Admiral, and so not safe
in obeying another's, it doth not appear that the said Orders
of the Lord High Admiral doth exempt Capt . Moodie from obeying
the orders of this Government so long as he remains within the
Capes, but if Capt. Moodie doth insist upon it, then H.E. hath
nothing further to say to him. H.E. has always had copies of
the Journals from the Commanders of the ship of war attending
here ; and as to the copies of Capt. Moodie's 52 general
Instructions which he sent up, it is the opinion of this Board
that it doth not relate to H.E. and Council, but only to the Masters
of ships.
Upon reading the copy of Capt. Moodie's Orders from the Lord
High Admiral and from Capt. Leake, with his letter of the
4th inst., wherein he saith that he designs as soon as may be to
follow his orders and endeavours for Newfoundland if possible,
and that he should be glad to know what his Excellency and the
Council will propose for H.M. service in his way, Ordered that a
full Council will be held on Jan. 13 to consult what shall be most
for H.M. service and the benefit of trade on this occasion.
AMERICA AND WEST INDIES. 103
1703.
H.E. ordered to be inserted in the Journals of this Council
that Capt. Moodie did show his Orders to the Clerk of the Council
at Williamsburgh, though now he makes such a scruple of giving
copies of them to H.E.
Whereas Capt. James Moodie, H.M.S. Southampton, and
Thomas Layton, purser, have by their letters to H.E. represented
that they want credit for 100Z., and pray H.E.'s note on
Mr. Bertram Servant for so much, H.E. was pleased to declare
that though he had no benefit or consideration for advancing
money for the use of the said ship, he would give them credit
for 100L in Mr. Servant's hand upon Capt. Moody's and
Mr. Layton's signing bills on the Commissioners of the Victualling
Office for the like sum payable to H.E.
H.E. acquainted the Council that forasmuch as he had received
diverse complaints from Capt. Moodie against Col. Willson,
Col. Gary and Lt.-Col. Ballard, and also complaints by Col. Willson
and Col. Carey against Capt. Moodie, he intended next Council
to grant a Commission to several gentlemen to meet at the Court
House of Elizabeth City County for taking deposition of witnesses
for either party. Ordered that Capt. Moodie have notice thereof.
Ordered that Mr. Benjamin Harrison attend the Board on
Jan. 13.
Ordered that the Collector and Naval Officers give notice to
the Commanders of ships to make what dispatch they can in
their loading, and that (though the embargo is not yet taken off)
a full Council will be held at Williamsburgh, Jan. 13, for con-
sidering of the most proper time for their sailing in a fleet.
[C.O. 5, 1409. pp. 272, 273 ; and 5, 1412. pp. 26, 27.]
Jan. 7. 141. Jos. Wyeth and Theodor Eccleston to the Council of
[7. llth Trade and Plantations. Objections offered by several persons
month, commonly called Quakers on behalf of our Friends in Maryland
1702.] against the Act for the establishment of Religious Worship, (i.) The
assessment of the 40/6. tobacco per poll is a breach of the liberty
of conscience established by the Laws of Maryland, (ii.) It is
enacted that it shall be lawful to every Minister to receive of
every person or persons by him married 5s. sterl. and no more ;
by the meaning of which Law no more was intended than 5s.
for each marriage, but by the penning of it 'tis evident that the
Minister may exact 10s., which is an extravagant and unreason-
able sum. (iii.) By the said Law Vestrymen and other persons
are obliged to subscribe the Association, which was enacted
by the Act made hi 7 Wm. Ill, whereas the obligation of the
subscribing the Association ceased as the said persons are advised
by the death of King William, and by an Act made in her present
Majesty's Reign, it is enacted that so much of that Act as relates
to the Association, or requiring any person to subscribe the same,
shall be void, (iv.) By the said Law, the Register of the Vestry
and Church Wardens, before they be admitted to their offices,
are obliged to take an oath for the due execution of their offices,
which oath the Vestry are empowered to administer, but the
form of the oath is not prescribed, as it ought to have been.
104 COLONIAL PAPERS.
1703.
(v.) The Law confirms all registries or entries of any births,
marriages or burials, heretofore made with any Clerk of any
County Court, according to the directing of such Laws as were
then in force, " before any of those Laws were in being" which is
insensible and unintelligible, (vi.) There is a clause in these
words, " And the payment of wch. parochial charges, all the
fines, forfeitures and mulcts by this Law incurred, shall be levied
by the Church Wardens in each respective Parish, and by them
accordingly applied," which is insensible, and the meaning cannot
be collected without adding some words to explain it. That part
which directs the levying of all fines etc. by the Church Wardens
is inconsistent with the Law, for some of the fines are by the
words of the Law to be recovered in H.M. name, and neither
those fines, nor indeed any other, can be levied till judgment
be had against the offenders, and after judgment no execution
ought to be made but by process directed to the Sheriff, and
the giving of power to Churchwardens to levy money on a judgment
in any Court, is a thing of the first impression, especially as in
this case, where they are to levy the forfeitures ex-officio, and no
appointment by the Act for any execution or other process to be
directed to them. If it be construed that by this clause the
forfeitures are to be applied to the repairs of the Churches and
other parish charges, it is repugnant to the preceeding clauses,
wch. give the forfeitures absolutely to the King, (vii.) By the
said Law, the Quakers are to have the benefit of the Statute that
enacts the accepting their solemn affirmation instead of an oath,
but then they are to conform themselves in all things to the
rites and orders enjoined by the said Act. One thing required
by the Solemn- Affirmation Act is the payment of great and small
tythes and Church Rates, and upon refusing to pay, two Justices
of the Peace to examine and ascertain the duty, and direct the
payment of it, not exceeding 10Z., and upon non-payment, one
Justice of the Peace to levy it by his warrant. By this clause
a greater hardship is put upon them then upon the rest of H.M.
subjects, because they are not only subject to the 40$>. per poll,
but also the great and small tythes, for the 40ft. is to be levied
by the Sheriff, and the power of ascertaining and levying the
tythes is vested in the County Court. And therefore if they
had intended that only the 4Mb. per poll should have been paid,
and not any tythes, they ought to have enacted that the Act
of Solemn Affirmation should be in force in all things except
such part as relates to the payment and levying of tythes.
(viii.) By the Law of Maryland tor Religion, which was confirmed
here about 1650, it is enacted that all who profess one God and
faith in our Lord Jesus Christ should live unmolested, by which
liberty so secured no small number of Protestant Dissenters were
encouraged to transport themselves thither, to the great improve-
ment of that Province, which is become so profitable a Colony
to this Crown, that the produce charged in the Customs here are
near six times its first value. To add these new and burthensome
taxes, seems to discourage and dispeople this industrious and
profitable Colony. They hope that an Act in which there are
AMERICA AND WEST INDIES. 105
1703.
such errors and mistakes will be not thought fit to be reported
to the Queen for her Royal Assent. Signed, Jos. Wyeth, Theodor
Eccleston. Endorsed, Reed. Read Jan. 7, 1702. 3 pp.
[C.O. 5, 715. No. 65 ; and 5, 726. pp. 140-145.]
Jan. 7. 142. Order of Queen in Council. Referring enclosed petition
St. James's, to the Council of Trade and Plantations, to examine and report
a true state of the case, with their Lordships' opinion what they
conceive fit for H.M. to do therein. Signed, John Povey. Endorsed,
Reed. 23rd, Read Jan. 26, 1702(3). f p. Enclosed,
142. i. Petition of Robert Lee, executor in trust for the younger
children of the Earl of Sterling deed. The said Earl
being Proprietor of a large tract of land in America
comprehending the greatest part of the Province of
New York, and an Island known by the name of Long
Island with divers privileges and jurisdictions thereunto
belonging; did.inorabout 1663, assign andrelease to your
Majesty's Royal Father then Duke of York all his said
interest, and deliver up all the patents and deeds relating
to the same in consideration of 3,500L agreed to be
paid unto him. On Nov. 10, 1674, no part of the
purchase money being paid, his said Royal Highness
by his deed of that date reciting the consideration
aforesaid, did grant unto the Earl an annuity of 3001.
per annum out of the profits of the said Province during
the life of the said Earl, who died Feb. 5, 1690, and by
his will left the arrears of the said annuity as part of the
provision of his three daughters and three younger
sons, and the same due at his death and the interest
thereof since amounts to 8,2561. By the accession of
his said Royal Highness to the throne, the said Province
became part of the inheritance of the Crown, has con-
tinued so ever since, and is now in the possession of
your Majesty. The said Earl in his lifetime and your
petitioner since his death, in behalf of the said younger
children have made frequent applications for the pay-
ment of the said debt, and some orders have been given
concerning the same, but hitherto without effect towards
the discharge thereof. The said debt is a great part
of the provision depended on by the daughters and
younger sons of the said Earl, whose ancestors were
long and faithful servants of your Majesty's Royal
Progenitors. Prays for the payment of the said debt,
or in lieu thereof to regrant Long Island. Copy. 2 pp.
[C.O. 5, 1084. Nos. 12, 12. i. ; and 5, 1119. pp. 358-
361.]
Jan. 7. 143. Lord High Admiral to H.M. in Council. Proposing that
A 'offi ralty ^^' " empower mee to order Vice-Admiral Benbow or the
oe " officer commanding the squadron, to put the sentence " (passed
on Capls. Kirkby and Wade) " into execution by shooting to death
the aforesaid Captains as a just punishment for their crimes,
106 COLONIAL PAPERS.
1703.
and as a necessary example to deter others from being guilty
thereof for the future," and that the sentence upon Capt. Constable
be confirmed. Signed, George. Endorsed, R. Jan. 9, 170f.
3 pp. [S.P. Naval, 1. Under date.}
Jan. 7. 144. Earl of Nottingham to the Council of Trade and
Whitehall. Plantations. The Queen commands me to acquaint you that
shee has appointed Col. John Seymour to be Governor of Maryland,
and would therefore have you prepare a draught of such Com-
mission and Instructions, as you shall judge necessary on this
occasion and present the same to H.M. Signed, Nottingham.
Endorsed, Reed. Read Jan. 11, 1702(3). 1 p. [C.O. 5, 715.
No. 67 ; and 5, 726. p. 150.]
Jan. 7. 145. Order of Queen in Council. Upon reading a report
St. James's, from H.R.H. Prince George of Denmark, Lord High Admiral,
Jan. 4, upon the petition of the owners of the Golden Lyon and
Baltimore [see Jan. 4], praying that, in consideration they have
received Letters of Marque and are of good force, the Governors
of Virginia and Maryland may lay no embargo on them, ordered
that the Council of Trade and Plantations prepare instructions
for H.M. Signature to the said Governors accordingly. Signed,
John Povey. Endorsed, Reed. Read Jan. 11, 1702(3). 1 p.
[C.O. 5, 1313. No. 12 ; and 5, 1360. pp. 356, 357.]
Jan. 7. 146. Memorandum of preceding. J p. [C.O. 5, 715. No. 66.]
Jan. 7. 147. Journal of Council of Trade and Plantations.
Mr. Eccleston and Mr. Wyeth presented a Memorial in behalf of
the Quakers of Maryland, which was read. Ordered that the
Order in Council, June 5, 1701, be sent to those Gentlemen,
and that they be acquainted that if this Act contain in it anything
different from the Bill prepared at this Board, and directed by
the said Order to be sent to Maryland, then their objections will
be considered ; if not, their Lordships must lay it before H.M. for
her approbation.
Ordered that in the next letter to Maryland, the President
and Council be advised to endeavour to get an Act passed there
conformable to the clause relating to the Association in the late
Act of Parliament entitled An Act to declare the alteration in the
oath appointed to be taken by the Act intituled an Act for the further
security of H.M. person etc.
Mr. Weaver attending the Board, and desiring in the behalf of
Mr. Atwood and himself that they may have copies of the
Depositions formerly transmitted by the Lord Cornbury against
Mr. Atwood and him, the Address of several of the inhabitants
of New York to Lord Cornbury, and the Minutes of the Council
of New York during his being a Member thereof ; he was
acquainted that they might have copies of the two last, but
as for the two first, the Board could not do it without orders,
and therefore, if he thought fit, he might apply to H.M. this
evening in Council for her direction.
AMERICA AND WEST INDIES. 107
1703.
Jan. 8. Their Lordships agreed to the alteration in the draught of a
Charter for importation of Naval Stores etc. as directed by the
Minutes of the 5th instant, and ordered the same to be sent in a
letter to Mr. Wharton, which being also laid before the Board
and approved of, the same was sent accordingly.
Ordered that a letter be writ to Mr. Penn, to acquaint him
that their Lordships are hi expectation of the certificate of
security, having been given for Col. Hamilton, according to what
was intimated to him the 10th of the last month.
The draught of an Instruction for the Governor of Virginia
and the President and Council of Maryland, enjoyning them
respectively to take care that during this time of war no ship
do saile from those parts without convoy, as also a letter to trans-
mit the same to the Earl of Nottingham, were agreed, and ordered
to be transcribed. [C.O. 391, 15. pp. 350-354 ; and 391, 97.
pp. 13-18.]
Jan. 7. 148. Minutes of Council [and Assembly] of Barbados. William
Rawlin paid 151. for six months' service as Clerk of the Assembly.
The Assembly attending, the President recommended to them
again an enlargement of the sum apposited for the reception
of the Governor and the Earl of Peterborough ; the sum appointed
being too little to entertain persons of their quality, and the
Members of this Board, who were appointed to make provision
for that purpose, did desire to be excused, therefore desired they
would appoint some others. That money be raised for paying
seamen that went in the country's service in the Larke, and that
she might be fitted again, having lain some time useless and
spoiling in the Rhoad. That care be taken for provisions for
the men that came up in the first Flag of Truce, their own being
already consumed, and also that some care be taken of those
that are taken upon suspition of being spies ; also to buy lights
for the Fort where the Guard is kept ; also urged the necessity
of having money ready for several other emergent occasions,
for want whereof a sloop could not be procured to give
Col. Codrington an account of the arrival of the forces here.
That they would give an answer to the petition of the Hon. Sam.
Cox. The Assembly withdrew.
Ordered that the Treasurer do pay to the Commissioners
appointed for fitting out vessels of war all such money as he has
already received by virtue of the Acts on negroes.
Commissions issued for the trial of Caesar Brooks.
Ordered that the Attorney and Solicitor General make their
report as to the pretended Flag of Truce that lately came from
Martinico, and prepare a Proclamation for apprehending all
persons that came in her.
The Assembly announced that they had added 70/. to the
100L for the reception of the Governor, and had appointed a
Committee to employ it ; that they consented to the providing
for the French that came in the first Flag of Truce, but that the
last should be maintained by their own provision whilst it lasts ;
that they are not yet able to fit out the Larke, and desire the
108 COLONIAL PAPERS.
1703.
Commissioners appointed for fitting her out may cease proceeding
any further, and that no more men be sent on board then is
absolutely necessary to look after the vessel ; that care will be
taken at their next meeting to raise money to pay off the men
that went out in her, by subscription or otherwise, and desired
that for the future no officers might be appointed for her without
being first recommended by them ; that they had consented
that lights should be provided for the Guards at the public
charge ; they would answer Mr. Cox's petition at the next meeting.
They desired that the man-of-war might upon sight of our fleet,
which is daily expected from England, come hi before them and
make a signal, to prevent an alarm, which otherwise will be a very
great charge as well as a fateague to the people. The Assembly
withdrew.
Payment of 170J. ordered for entertaining the Governor.
[(7.0. 31, 6. pp. 347-351.]
Jan. 7. 1 49. Journal of Assembly of Barbados. The House met by a
special summons from the President. Absent Members fined,
and others excused upon good reasons by letters. See preceding
abstract.
Committee appointed for the reception of the Governor ; the
charge of that entertainment not to exceed 1701. Resolved,
that if the President and Council think the providing for the
persons brought hither in a Flag of Truce be for the service of the
Country, this House will consent thereto ; that the French
prisoners now on guard are not to be provided for till their own
provisions are expended on their own uses ; that all the men
in the brigantine Larke be discharged but what are necessary to take
care of her whilst at anchor.
Resolved, that no more money be raised for her without this
House is admitted to have their recommendation of officers,
as in the case of the Treasurer and Storekeeper of the Magazine ;
and hi such case this House will raise money by contribution or
otherwise for payment of the men belonging to the Larke.
[C.O. 31, 7. pp. 29-31.]
Jan. 7. 150. Minutes of Council of New Hampshire. H.E. com-
municated a clause in a letter from the Council of Trade and
Plantations, July 24, 1701, referring to a Memorial of Edward
Randolph, relating to a seizure made by Mr. Sheafe, Deputy
Collector, of a Jersey vessel, Mr. Mountesse, master, with contra-
band goods, upon which Mr. Sheafe was heard, and directed
in a short time to offer to the Governor and Council what he
had to alleadge thereupon. [C.O. 5, 789. p. 121.]
Jan . T 8 5 . 1 51 . Samuel Beeckman to [? the Dutch West India Company].
Fort Signed, Samuel Beeckman. Dutch. 8J pp. Enclosing,
o 15L *' List of P a P ers sent by the De Jow^e Jan. Dutch. \\pp.
151. ii. Invoice of cargo of the Pymene, laden in the River
Essequebo, 1703. 1 p. [C.O. 116, 19. Nos. 16, 16. i.-ii.]
AMERICA AND WEST INDIES.
109
Jan. 8.
Whitehall.
1703.
Jan. 8. 152. William Popple to Mr. Eccleston and Mr. Wyeth.
Whitehall. Enclosing Order of Council, June 5, 1701. If the Act lately
transmitted from Maryland for the establishment of Religious
Worship, contain in it anything different from the Bill therein
referred to, then what objections you may have to make of that
nature will be considered by the Council of Trade and Plantations ;
if not, their Lordships think themselves obliged to lay the said
Act before H.M. for her approbation. [C.O. 5, 726. p. 145.]
1 53. William Popple to Mr. Wharton. The Council of Trade
and Plantations do not approve of the Clauses 2, 3, 11, 12 in the
Charter for the importation of Naval Stores from New England,
which they have crossed out, and have ordered some other clauses
to be added. They desire you to communicate the whole to the
undertakers. [C.O. 5, 910. p. 333.]
154. William Popple, Junior, to William Penn. The Council
of Trade and Plantations have ordered me to minde you that
they are in expectation of the certificate of having given in
security for Col. Hamilton (see Dec. 10), which they expected
should have been done long ago, and the want whereof has
hitherto hindered them from proceeding in their report upon
that and other matters relating to Pennsylvania. [C.O. 5,
1290. p. 280.]
[Jan. 11.] 1 55. Charles Lord Baron of Baltemore to the Council of Trade
and Plantations. Humbly representeth, that he is informed by
his Agent in the Province of Maryland that Col. Blakiston, late
Governor thereof, ordered his said Agent to give him an account
of what lands should happen to be escheated during his stay
in the Government, alleaging that his Instructions enjoyned
him to give this honourable Board an account thereof, that the
same might be disposed of for the King's use. Lord Baltemore
humbly conceives the said Instructions relating to escheats was
incerted by the mistake of the Clerk, who drew the same not
considering that Lord Baltemore was Proprietary of the said
Province and had the Royal Rights thereof granted him. Lord
Baltemore did in 1699 prefer a petition to the late King praying
H.M. dissent to two Laws past in the Assembly of Maryland,
by which his Lordship's right and property were apparently
invaded, the one an Act for ascertaining the bounds of lands,
the other limiting the payment of bonds and bills to five years.
The said petition was referred to this Board by H.M., and when
Lord Baltemore came to crave your Lordships' report thereon,
the Secretary tould him there was no occasion for it, the said
Laws being already dissented by H.M., and the Instrument of
dissent conveyed to Maryland, which Lord Baltemore signified
to his Agents there, and his Agents made the same known to the
Governor and Speaker of the House of the Assembly. But the
Assembly would not believe that the said dissent extended to
the said Laws, unless a certificate from this honourable Board
signifying the same were produced to them, for want whereof
110 COLONIAL PAPERS.
1703.
the said Laws have and still continue to be put in execution to
the great damage of the said Lord Baltemore. Therefore he
most humbly prays that the said Instruction relating to Escheats
may for the future be left out of such Instructions as shall be
given to such Governors as shall be sent into that Province, the
said Escheats being his undoubted right as Proprietary and
Lord of the Soyle, and that such Governors be ordered not to
interfere with any of his Lordship's rights in his lands, and that
your Lordships will please to let him have a certificate from this
Honourable Board signifying that the said dissent includes the
said two Laws. Signed, C. Baltemore. Endorsed, Reed. Read
Jan. 11, 1702(3). 1 p. [C.O. 5, 715. No. 68; and 5, 726.
pp. 148-150.]
[Jan .11.] 156. Petition of Merchants of Poole, trading to Newfoundland,
to the Queen. We acknowledge your princely care in sending some
ships of war and land forces last summer to Newfoundland for
the protection of our fishery and destroying that of the enemy,
which met with wonderful success, and also your Majesty's great
care in fortifying St. John's and settling land forces there, by
means whereof that place and all the Southern parts of New-
foundland are in some good measure secured from the incursions
of the enemy at all times. Pray, in behalf of the Northern parts,
viz., Trinity and Conception Bay and as far North as the northern
part of Bonavista Bay, being highly apprehensive of the great
danger those parts are in from the French, being wholly uncapable
of making any manner of defence against them. Trinity Bay
being the only inlet the French have by land to annoy those
Bayes, and all the northern parts, it being not above 3 miles
overland from the bottom of Placentia Bay, in possession of the
French, to the bottom of Trinity Bay, over which land the French
have a way to, and often doe, launch their shallops, in which they
convey their forces from harbour to harbour in the said bays,
plundering, burning and destroying all your petitioners' planta-
tions and effects, as they pass from place to place, as your
petitioners have already sadly experienced, to almost the ruin
of some and the great loss of others. For prevention whereof,
petitioners' effects in Newfoundland now being much more
considerable then in some years past, by reason they could not
sell their fish last summer, but were forced to leave the greatest
part behind in storehouses, we humbly beseech your Majesty
to take the care of those defenceless places into your princely
consideration, and propose as absolutely necessary thereunto that
succours be sent thither very early next spring, to anticipate
your Majesty's enemys, who threaten an early revenge of their
late losses ; and that your Majesty would send over materials
and artificers for the building of two forts, one at the entrance
of Trinity Harbour in Trinity Bay, and one at Carboneer in
Conception Bay, and some soldiers to defend the same, subject
to a Civil Commander, which with the assistance of the inhabitants
living in those bays and parts adjacent (who in the winter season
have great conveniences to transport themselves and their effects
AMERICA AND WEST INDIES. Ill
1703.
in shallops to those places for their security until the next fishing
season comes) will be able to secure all the northern parts aforesaid.
Signed, Wm. Bremble, Mayor, and 66 other signatories. On back,
156. i. Sir Charles Hedges to the Council of Trade and
Plantations. Referring above petition for their opinion.
Signed, C. Hedges. The whole endorsed, Reed. Jan. 16,
Read Feb. 11, 170f. 1J pp. Torn. [C.O. 194, 2.
Nos. 91, 91.L ; and 195, 3. pp. 150-154.]
Jan. 11. 157. J. Burchett to William Popple. H.R.H. having it in
Admiralty his thoughts to call from New England, New York and Virginia
Office. ^jj e ghjpg o f war tk a t jjog now attend those Governments, soe as
that they may bring home with them the latter part of the Trade
from those parts, and to send others thither the following spring,
and being of opinion that it may be for H.M. service soe to do,
because hi the winter season the said ships are forced to lye up,
and thereby put the Crown to expence without doing any manner
of service, I am commanded to acquaint you therewith for the
information of the Council of Trade and Plantations, and desire
you will let me know whether they have any objection. Signed,
J. Burchett. Endorsed, Reed. Read Jan. 12, 1702(3). 1 p.
[C.O. 323, 3. No. 143 ; and 324, 8. pp. 191, 192.]
Jan. 11. 1 58. Council of Trade and Plantations to the Earl of Notting-
Whitehali. ham. In pursuance of H.M. Orders in Council, Dec. 31 and
Jan. 7, we enclose draughts of an Instruction for the Governor
of Virginia and Maryland. Signed, Robt. Cecill, Wm. Blathwayt,
John Pollexfen, Mat. Prior. Annexed,
158. i. Additional Instructions to Francis Nicholson, Governor
of Virginia. Given at our Court of St. James's, Jan. 7,
170. Anne R. Whereas it hath been represented to
us that ships sailing from our Plantations in America
without convoy during this time of war are subject to
great hazards, and that divers of them have been taken
by the enemy, to the great loss and detriment of our
loving subjects, and whereas for the preventing the
mischiefs that may happen in that manner to the Trade
of those parts, we have been pleased to give directions
that a convoy do proceed from hence with the outward-
bound ships the latter end of this instant January,
which convoy is to return from Virginia the 1st and
10th of July next with the Trade that shall then be
ready to accompany them ; and that another convoy
be likewise sent with such ships as shall be ready to
sayle from hence to Virginia and Maryland in July next ;
it is therefore our will and pleasure that you take especial
care that during this time of war no ships do sail from
Virginia otherwise than with convoy, such ships only
excepted as shall have lycence from us under our Royal
sign manuall, our Order in Councill, or from our High
Admirall. [C.O. 5, 1360. pp. 358-360.]
112 COLONIAL PAPERS.
1703.
Jan. 11. 159. Copy of above Instructions addressed to "Thomas Tench,
President, and the rest of our Council of our Province of
Maryland." [C.O. 5, 726. pp. 146, 147.]
Jan. 11. 160. Journal of Council of Trade and Plantations. Order of
Whitehall. Council, Jan. 7, relating to the Golden Lyon and the Baltimore,
read. Letter to the Earl of Nottingham, enclosing the draught
of an Instruction for the Governor of Virginia and the President
and Council of Maryland relating to convoys for the Trade of
those Plantations and with an exception for the return of such
ships without convoy as shal have particular licences for that
purpose, was signed and sent.
Lord Baltimore laid before their Lordships a Memorial relating
to an Instruction to the Governors of Maryland about escheats,
and to two Acts of that Assembly, which he desires may be
repealed, which Memorial was read, and the Secretary directed
to look into the state of those matters, and lay them before the
Board for their Lordships further consideration.
Col. John Seymour presented to the Board a letter from the
Earl of Nottingham, acquainting their Lordships that H.M. has
been pleased to appoint him to be Governor of Maryland etc.
Directions given for preparing his Commission of Instructions
accordingly.
Mr. Atwood desired their Lordships to favour him and
Mr. Weaver with copies of the depositions against them,
which have been transmitted from the Lord Cornbury from New
York, whereupon the Minute of what was answered to Mr. Weaver
the 7th hist, upon the like occasion, was read to him, and he
was further told that he would do well to apply to Mr. Attorney
General for his opinion whether the said depositions ought to be
communicated to them before their hearing or no, that upon
Mr. Attorney's answer to that question, they might further
consider of it. But he declaring [? declining] himself to be at
that charge, the Secretary was afterwards directed to write
to Mr. Attorney General upon the same subject, which was
accordingly forthwith done and sent.
Ordered that the Secretary write to Mr. Penn to know whether
the Acts of the Assembly of Pennsylvania received from him
Dec. 15 last be a compleat body of all the Laws of that Province
now in force or no.
Their Lordships taking into consideration the several letters
received lately from Lord Cornbury, gave directions for pre-
paring a Report to be laid before H.M. on the affairs of New
York.
Mr. Wm. West desiring a copy of Sir William Stapleton's
Commission for the Government of the Leeward Islands, it being
useful to him in relation to a title to some land there, ordered
that a copy thereof be given him.
Jan. 12. Mr. Gary desired their Lordships' despatch of their Report
upon the Acts of the Leeward Islands, which have been some
months since under consideration, and their Lordships promised
to do it accordingly.
AMERICA AND WEST INDIES. 113
1703.
Letter from Mr. Burchet, Jan. 11, read. Directions given
for preparing an answer.
The Secretary acquainted the Board from Mr. Taylor, that the
Lord Treasurer had considered their Lordships' letter about
incidents, but objected against the Articles for passing the Com-
missions, and desired that in the remaining part of the account,
a distinction should be made between what was due in the time
of the late King, and what since. Ordered that an account be
prepared accordingly.
Mr. Wharton laid before the Board a Memorial from the under-
takers for raising Naval Stores in New England. Mr Attorney
General informed their Lordships that he conceived the Deposi-
tions against Mr. Atwood and Mr. Weaver ought to be shewn
them, but he did not think fit they should have any copies, nor
take notes thereof, unless they agreed that the said depositions
should be read at the hearing appointed before Her Majesty in
Council. And Mr. Attwood being afterwards called in, and
declaring that he could not allow those depositions to be legal
evidence, nor therefore consent that they should be read at the
hearing, the Board acquainted him that all they could do was
to give leave for him and Mr. Weaver to read the Depositions
wch. concerned them respectively in the presence of one of their
Lordships' clerks, but that they could not allow them to take
any notes.
Jan. 13. Draught of a letter to be writ by the Secretary to Mr. Burchet
agreed upon.
Col. Seymour, together with Col. Blakiston, attending the
Board in relation to Col. Seymour's dispatches for the Govern-
ment of Maryland, Col. Blackiston acquainted their Lordships
that he had seen letters advising that Mr. James Frisby, one
of the Councillors of Maryland is dead, and further informed them
that in his'opinion Mr. Kennelan Chittleton, William Coursy and
Thomas Ennalls are persons fit to supply vacancies in Council,
and further mentioning some obscurity or inconvenience in the
Maryland Instructions relating to ships sailing with convoys or in
fleets, their Lordships agreed upon an alteration to be made in
that Article of the Instructions to be prepared for Col. Seymour.
The Draught of a Commission for Col. Seymour to be Governor
of Maryland was laid before the Board, and a report signed where-
with to lay the same before H.M., together with a draught of
Instructions for the Lord Cornbury in the Governments of New
York, relating particularly to the Acts of Trade.
A letter from Col. Dudley, Nov. 8, relating to public proceedings
in New Hampshire, read. Ordered that the Addresses enclosed
be sent to the Earl of Nottingham.
Letter from Col. Dudley, Nov. 10, relating to the affairs of the
Massachusetts Bay, read. Ordered that extracts be made from
this letter and his letter of Sept. 17 and transmitted to the Earl of
Nottingham. Their Lordships resolved to take again into
consideration Col. Dudley's letters of July 23, Aug. 5 and Sept. 17
together with this, in order to report to H.M. what maybe fit both
in relation to himself, and to the general affairs of that Province.
C 8
114 COLONIAL PAPERS.
1703.
Letter from Mr. Aldington, Oct. 10, read, and the papers
therewith transmitted laid before the Board. [C.O. 391, 15.
pp. 354-364 ; and 391, 97. pp. 21-32.]
Jan. 11. 161. Minutes of Council of Jamaica. The Governor acquainted
St. Jago de la the Board that the principal occasion of calling them together
Vega, was in relation to the poor people of Port Royal, who was burnt
out of all by the dreadful fire on Saturday last, what method
should be taken to support them in their present calamitous
condition and to induce them to stay and resettle here. Where-
upon Mr. Pallmer was sent for and required to give an account of
what flower and beef of the Queen's stores remained unsold.
He returned 91 barrels of beef and 94 barrels of flower. Ordered
that 40 barrels of each be immediately sent down to Fort Charles
for the support of the soldiers there and relief of such persons
as are in necessity, which is to be distributed to them by Barnaby
Jenkins and Joseph Quelch. John Gardiner and William Careless
were appointed Commissioners with them, and empowered to
impress waines to send the provision down and boats to carry
it to Port Royal and take an account of what is done, what number
of people there are to be kept and what fresh provisions may be
wanting, that care may be had to supply it, which is to be done by
any of the Commissioners taking it upon the public account and
credit, which they are hereby empowered to do. Ordered that
they have power to impress boats on all occasions of going by
water or for the removing of the poor people to the places where
they may be relieved, and paying the usual rates. Warrant
ordered to be drawn to require all Constables and other H.M.
subjects to be aiding and assisting to the said Commissioners in
the premisses.
Ordered that there be papers fixt up in all public
places by the Commissioners, that those persons in necessity
may know where to apply for relief. Proclamation ordered that
no person presume to take greater or other rates for victuals,
drink and other necessaries, as for freight, horse or cart hire than
was usual and accustomed before the said calamitous Accident
happened.
Ordered that a letter be sent to the Admiral to pray him, in
regard the King's prison is destroyed, that he will take care
of the French and Spanish prisoners, till we can take further care
of them.
Ordered that there be an embargo till further orders. [C.O. 140,
6. pp. 112-114.]
Jan. 12. 1 62. Joseph Gaylard and Peter Dueroz to the Earl of Notting-
ham. If I remember aright, your Lordship told the President
that nothing else was expected from the College but providing
internal medicines, and that your Lordship had taken care of the
surgeon's chest. The College [of Physicians] are in a good
forwardnesse with their part of the provision [of medicines for
the troops for Jamaica. Ed.]. The Surgeon and myself await on your
Lordship to know your Lordship's pleasure concerning this
AMERICA AND WEST INDIES. 115
1703.
affair. Signed, Joseph Gaylard, Peter Dueroz. Addressed. 1 p.
[C.O. 137, 45. No. 38.]
Jan. 12. 1 63. William Popple to William Penn. The Council of Trade
Whitehall, and Plantations desire you to inform them whether the Act
of the Assembly of Pennsylvania, received from you Dec. 15 last,
be a compleat Body of all the Laws of that Province now in
force or no. They also desire your answer to the letter of Jan. 8,
\_C.O. 5, 1290. p. 281.]
Jan. 12. 1 64. Commodore Hovenden Walker to [? the Earl of Notting-
From on botndham]. Bad weather having hindered my touching at the Maderas,
^Barbados" * was oblidged to bear up for the Cape de Verde Islands, where
Road. arrived Oct. 24, and there watered the ships and refresht the men,
all both men-of-war and transport ships being very healthy
except the Burford, which having in the passage buried near 20
men, put above 120 sick ashoar at St. Vincent's. Nov. 14 I
sailed from thence, and Dec. 5 anchored in Barbadoes Road.
I applied to the President and Council there concerning the
sick seamen and disembarking the soldiers for their refreshment,
but they were very slow in their resolutions, and I falling sick
of the country distemper, whereof I am yet scarce recovered, the
soldiers were not put ashoar till Dec. 29. Having this day
received H.R.H. Orders to that purpose, I am re-embarking the
soldiers, and with all expedition shall proceed to the Leeward
Islands. Our seamen have proved in general more sickly then
the soldiers, and the Edgar, Anglesey and Sunderland are more
sickly than any of the ships here except the Burford, which is
exceedingly weakened, not having above 140 seamen abord,
buried above 100 since she parted from Sir George Rooke and
above 100 being sick ashoar. The Edgar, Anglesey and Sunderland
with the Victuallers' storeships and recruits arrived here the
8th inst., and I have ordered the Edgar and Anglesey to Antegua
to deliver their packets to the Governour of the Leeward Islands ;
in a few days after them expecting to be there with the rest of the
men-of-war and land forces. Signed, Hovenden Walker. Endorsed,
R. March 13, 170. 3 pp. [C.O. 28, 38. No. 7.]
[Jan. 12.] 1 65. Wm. Wharton to the Council of Trade and Plantations.
The undertakers for raising stores in New England are surprised
to find that a design admitted by your Lordships to be of public
benefit meets with so much discouragement, as the alterations
and additions made by your Lordships to the draught of a Charter,
which so effectually cramp the undertaking etc. (1) If we are
denied the privilege to purchase lands, goods etc., we can[wo<]
settle any factories, which are absolutely neces[sary] (that part
of the country proper for our pur[pose] being wholly uninhabited),
nor sow any hemp, make nor buy any Naval Stores, but be a
Corporation] in name and notion only. (2) The second alteration
is the striking out the Queen's waste lands, mines and minerals,
the obligation for our laying out 20,OOOZ. within the first three
years, and giving the pre-emption to the Crown of the Stores we
116
COLONIAL PAPERS.
1703.
Jan. 12.
Jan. 12.
import. The waste lands etc. are now of no benefit to the Crown,
nor will be in many generations, unless granted to a Corporation
whose united purses can conquer the natural difficulties in doing
it. But if your Lordships think us uncapable, we acquiesce in
this and the latter part of the alteration. (3) Your Lordships
restrain our stock to 20,000?., and yet require us to import yearly
as many stores as will amount to above 30,0002. prime cost in the
first two years etc. This will disable us so small a stock will
be eaten by necessary incident charges, and will reduce it into
few hands. (4) The fourth alteration for restraining us from
transferring our stock etc. for 5 years, is a clause of a new
impression, never inserted in any Charter that has yet bin pass'd
and will effectually suppress our undertaking, tho' your Lordships
should grant us all we ask and more. For this is an abridging
the common right of the subjects in disposing of their properties,
which no men of ability will submit to. The proposals we have
made against stock-jobbing, we conceive to be sufficient to prevent
all the mischiefs practised by Corporations in that particular, and
beyond those we cannot submit . (5) The last clause, for Vacating our
Charter by an Order in Council, makes our Charter too precarious,
and may expose us to the loss of our stock, or at least a great part of
it that must be abroad in the Plantations, when such a vacate may
be made. We do not desire to have our Charter exclusive of others,
and therefore insist the common method of a Scire facias is sufficient.
We cannot depart from our former draught and additions to
it in our last memorial. If your Lordships insist upon the amend-
ments here objected against, we will give your Lordships no
further trouble, but either wholly desist, or make a fresh
application where we hope a design so advantageous to the Nation
will meet with more encouragement. Signed, Wm. Wharton,
Agent. Endorsed, Reed. 12, Read Jan. 20, 1702(3). 4 pp.
Edges torn. [C.O. 5, 862. No. 144 ; and 5, 910. pp. 334-339.]
1 66. Minutes of Council of Barbados. The President laid
before the Board letters from the Council of Trade, Nov. 11 and
Nov. 13, 1702, which arrived yesterday. The Board resolved to
forward enclosures as soon as possible. The President also
delivered an answer from Midford Crowe, Nov. 12, to the Council's
letter of May 19, declaring his readiness on any occasion to doe
the best offices he can for the Island etc.
Commission for the trial of Caesar Brooks signed. [C.O. 31, 6.
pp. 351, 352.]
1 67. Minutes of Council of New Hampshire . Upon reading the
petition of Mrs. Elizabeth Holland and an Order of Council, Oct. 8,
last, ordered that the Secretary write to Mr. David Jeffrey of
Boston, attorney to Thomas Holland, husband of the said
Elizabeth, to comply with said Order of Council, and to restore
her wearing apparel, or to show cause to the contrary.
Ordered that Theodore Atkinson bring the Assembly Books
and Papers to Portsmouth, and deliver the same to the Speaker.
[C.O. 5, 789. p. 122.]
AMERICA AND WEST INDIES. 117
1703.
Jan. 12. 168. Minutes of Council in Assembly of New Hampshire.
Portsmouth. The House of Representatives chose Daniel Tilton for their
Speaker.
Joint-Committee appointed to take into consideration the
building of a Fort at Newcastle.
Petition of Joseph Palmer, a prisoner upon execution at the
suit of one Redman, praying re view in that case before the Governor
and Council [read], for which the Governor declared his opinion
that it was the subject's right and he was ready to hear it, but it
went upon vote and passed in the negative. [C.O. 5, 789.
pp. 125, 126.]
Jan. 13. 169. Theodor Eccleston and J. Wyeth to William Popple.
[London, i3th,Since our last attending the Lords Commissioners, we have a
cailedJan] ^ e ^ eT intimating their being under some difficulty as to the
hearing and considering our objections to the bill for establishing
Religious Worship etc. in Maryland, upon supposal we have
been heard to the same bill already in the time of King William.
We are preparing such answer as we hope will suit the nature of
this case. Signed, Theodor Eccleston, Jos. Wyeth. Endorsed,
Reed. Read Jan. 14, 170. Addressed. 1 p. [C.O. 5, 715.
No. 69 ; and 5, 726. p. 169.]
Jan. 13. 170. Lords Commissioners of the Admiralty to H.R.H. Prince
Admiralty George, Lord High Admiral. Upon consideration of what was
Office. debated this morning at the Committee of H.M. Privy Council,
and in pursuance of the directions which we have received from
their Lordships touching employing the squadron of H.M. ships
and the forces that now are, and which are going to the West
Indies, we offer our opinion that it may be most for H.M. service
to give orders that the said forces do first attempt the French
Settlements and Plantations in their Windward Islands, and
that when they have done their utmost in those parts, they do
then, without loss of time, repaire to Jamaica, and there hold a
Council of War of the sea and land officers, to consider whether
they can proceed from thence, and attempt any of the Spanish
Towns upon the Continent ; and that if the said Council of War
shall judge it practicable, both the squadron and forces may be
ordered to proceed and attempt any of the said places accordingly,
but that they be particularly directed, to take care to return
and be at Jamaica by such time as that he may from thence
proceed and arrive at Newfoundland so early, with respect to the
season of the year, as that he may be able to attempt the enemy's
settlements there, and their fishery on the Bank. And it is
further proposed that orders be also given not to put the people
they take into any other of the French or Spanish Plantations,
as was done the last war, but bring them directly home for
England. Signed, G. Rooke, D. Mitchell, Geo. Churchill, Richard
Hill. 2 pp. [S.P. Naval, 1. Under date.}
Jan. 13. 171. William Popple to Josiah Burchet. In answer to yours of
Whitehall. 1 1th inst . , the Council of Trade and Plantations have considered what
H.R.H. has been pleased to propose concerning the guardships
118 COLONIAL PAPERS.
1703.
which do now attend the ordinary service of New England,
New York and Virginia : they have no objection why those
attending New England and New York may not be called home
in the beginning of winter, so as to bring with them the later
part of the Trade from those parts, provided that others be sent
so as to arrive there early in the Spring to attend those Govern-
ments in their stead ; but as to Virginia and Maryland, their
Lordships do conceive that the many rivers and the bay being
very large and open and exposed to privateers and pirates, it
may be necessary that a ship of force be constantly left to cruize
within the Capes, even in the winter season, for the security of
those parts, especially since the fleet of merchant ships is designed
to remain there the next winter, and that probably a considerable
number of trading ships will be always there in that season,
altho' the convoys for Virginia and Maryland may be ordered
to cruize more southward off of the Charibbee Islands. [C.O. 324,
8. pp. 192, 193.]
Jan. 13. 172. Council of Trade and Plantations to the Queen.
Whitehall. Enclosing draught of Commission for Col. John Seymour to be
Governor of Maryland. We likewise herewith lay before your
Majesty a draught of Instructions for Lord Cornbury, Governor
of New York, relating to the Acts of Trade and Navigation in
the usual form sent to the Governours of other Provinces. Signed,
Weymouth, Dartmouth, Robt. Cecill, Ph. Meadows, Wm.
Blathwayt, John Pollexfen, Mat. Prior. Annexed,
172. i. Draught of Col. Seymour's Commission to be Governor
of Maryland.
Similar to Governor Codrington's Commission
abstracted Gal. A. & W.I. 1699, No. 382. Variations :
Three members of the Council to make a Quorum. The
Governor to make up their number to nine, if there
happen to be less, subject to H.M. approbation. Upon
his death or absence, the Council to take the administra-
tion of the Government and the first Counsellor to
preside. Signed, Feb. 12, 170f . [C.O. 5, 726. pp. 151-
168.]
Jan. 13. 1 73. Minutes of Council in Assembly of Jamaica. Returns
St. Jago do la of Assembly-men :
in the Va,e . .
Vere (Andrew Langley.
I Valentine Mumbee.
St. Dorothy's | Matthew Crew.
I Dr. Bonner.
Clarendon.. f Charles Long.
I John Peek.
St. John's.. f Francis Bragg^
I John Ayscough.
f Edmund Edlyne.
Kingston j Thomas Barrow.
lAldworth El bridge.
AMERICA AND WEST INDIES. 119
1703.
-n . -o , (Thomas Hudson.
PortEoyale .. .. Thomas Su tton.
I Robert Meakins.
f William Axtell.
St ' Anns {Thomas Brayne.
L fTtT j j f John Blaire.
St. Thomas to Windward { Thomag Freeman .
r Major Edward Turner.
St. Davids .. .. { Ma j or j ohn Clarke.
fCapt. Mathew Gregory.
St- Marys {Andrew Orgill.
c,. f rCapt. Richard Bancks,
St ' James {George Bennett.
I Henry Brabant.
St. Catherine's . : ( Thomas Cox.
iCapt. John Ellis.
, fCol. Thomas Clarke.
St. Andrews .. .. { JameB A^^id.
The writs for St. George's and St. Elizabeth's were not returned.
The Members attending were sworn and repeated and subscribed
the Test, which done the Governor desired them to go the House
and chuse a Speaker. Col. Langley acquainted the Governor
that he had been chosen Speaker, and endeavoured to excuse
himself as unfit, but the Governor declared his approbation,
and addressed the Assembly :
I cannot but express the great opinion I have that you are
now met together with hearts full of zeal and affection for the
honour of our most gracious Queen, the support of her dignity
and the preservation and prosperity of this Island, since, to my
great satisfaction, I find an Assembly of Gentlemen whose interests
and estates, whose prudence and experience in the affairs of this
Island are a sufficient security against the misunderstanding or
mis-meaning of any (if there can be any) who would obstruct
the general good, which shall always be my utmost aim. I must
particularly recommend to you the Revenue for the support
of the public, that the Government may be enabled to discharge
the debts, and provide for our future defence against the common
enemy. The accounts of all public monies shall be always ready
to be laid before you. Since H.M. out of her royal grace and
bounty to this Island hath thought fit to send some part of her
forces for its preservation, I doubt not but you will all cheerfully
concur in seconding such her princely care by an act for quartering
the officers and soldiers already here, or which may be sent, in
such manner as be most for the health and conveniency of the
forces and the ease of the inhabitants ; and if any defect or
misconstruction may have arisen from your former proceedings,
your wisdomes will find a speedy care to remove them, that
there may be no heats and divisions among us. But that the
intentions and meaning of the last Act may be supplyed and
supported by you, in which I think the honour of Assembly and
our duty to H.M. are highly concerned. The building of barracks
and repair of fortifications I must leave to your consideration.
120
COLONIAL PAPERS.
1703.
Jan. 14.
Jan. 13.
In my opinion the safest method to prevent the attempt of our
enemies, is to be always in a readyness to oppose them, under
which head the care of the Militia and the well disciplining
of them doth necessarily fall. The decay of trade in this time of
war is well worthy your thoughts, and all possible means ought
to be used that no distinction may be made amongst men, but
that all persons of what sort soever that live industriously and
quietly under our Laws may enjoy an equal protection from
them. I cannot mention the dismal and amazing judgment
that God hath been pleased to lay upon this Island by the late
dreadful fire at Port Royal without earnestly recommending
to you that we may all labour with diligence and expedition to
succour and preserve the inhabitants. I have already, by advice
of the Council, made some disbursements for that end. I hope
you will be ready with all cheerfulness speedily to provide a fund
for the repayment of that and the present support and comfort
of such whom this calamity hath made objects of your care and
help. This our Religion exacts from us, this the welfare and
safety of the Island requires, and cannot be wanting from us as
good subjects. I have only to desire the dispatch of the business
that will be laid before you, and that all animosities may cease,
and that the honour of H.M. and the common good of this Island
may preside in your thoughts etc.
John Gay, Clerk of the Assembly, and Edward Betterton,
Messenger, were sworn.
The writs and returns of elections were sent to the House,
with notification that the writ for St. Elizabeth was not yet
returned, and that the two writs successively had been sent to
St. George's, but neither of them could be executed by reason
of great floods and violent rains.
Richard Bancks was sworn a Member of Assembly.
Joint Conference appointed to confer about the distressed
condition of the late inhabitants of Port Royal. The House
resolved that they would reimburse the Treasury what sums had
been expended for the relief of the distressed, the Governor
and Council to continue the like care, and they will reimburse
the charge, and further desired the Governor to publish this
resolve. Ordered accordingly.
The Provost Marshal was ordered to attend the House as
requested. [G.O. 140, 6. pp. 415-421.]
174. Minutes of Council of Virginia. Letter from Benjamin
Harrison excusing his absence, read.
Letter to H.E. from Jno. Thraile, Solicitor of the Virginia
affairs, intimating that lie had put H.E.'s new Commission into
Hit' hands of Micajah Perry, read, together with H.M. Order in
Council appointing a sum to be paid out of H.M. Revenue of
Quit-Rents in this Colony for several arms and ammunition
ordered to be sent in hither.
H.E. and Council, finding that it will be very much for H.M.
interest and service and the security of the ships now in the
country that they have a convoy, but forasmuch as Capt. Moodie
AMERICA AND WEST INDIES. 121
1703.
saith in his letter of Jan. 4 that being now under the orders of
the Lord High Admiral, he is not safe in obeying another (see
Minute of Council, Jan. 5), to which H.E. in Council did declare
his opinion, to which Capt. Moodie hath given no answer, by
reason of which delay the Council cannot proceed to give any
orders to Capt. Moodie in relation to the ships, they therefore
think it for H.M. service that H.E. issue his commands to
Capt. Moodie requiring him to give his positive answer whether
he doth insist that he is not under the order of this Government,
or whether he will take the said ships under his convoy and sail
directly for England, upon his receiving orders from H.E. for
that purpose.
Mr. Harrison gave his report upon Col. Willson's complaint
against Capt. Moodie, that Capt. Moodie be obliged to give bond
with good security for the keeping of H.M. Peace.
Petition of several masters of ships, praying that they may
be allowed to sail for England with H.M.S. Southampton referred
till Capt. Moodie returns his answer. Since they represented
in their petition that he had sent up James River to hasten the
ships there in order to go under his convoy, H.E. directed a copy
of above petition to be sent to Capt. Moodie, and that he give
H.E. an account whether he hath given such notice, by what
authority, and how far he proposes to convoy the said ships.
[(7.0. 5, 1409. pp. 273-275 ; and 5, 1412. pp. 28-30.]
Jan. 14. 175. Order of Queen in Council. Approving above draught
St. James's of a Commission for Governor Seymour, and ordering a warrant
to be prepared for H.M. signature accordingly. Signed, John
Povey. Endorsed, R*ecd. 20th, Read March 23, 170. 1 p.
[C.O. 5, 715. No. 70 ; and 5, 726. p. 254.]
Jan. 14. 176. Board of Ordnance to the Council of Trade and
Office of Plantations. The arms and ammunition directed to be sent
Ordnance. j. Q Virginia, Aug. 6, are ready. But Mr. Micaiah Perry, concerned
for that Colony, having this day been with us and desired that
the sending of them may be deferred till the summer, when there
will goe a considerable fleet and convoy, and the season of the
year will be much safer and better ; and because a storehouse is
erecting in Virginia for the security of them, which then will be
ready for their reception, we shall defer sending them till then,
unless you shall think it for H.M. service to have them go sooner,
in which case we shall send them by some ship going with the
first convoy. Signed, J. Granville, Wm. Bridges, C. Musgrave,
J. Pulteney. Endorsed, Reed. Read Jan. 19, 1702(3). Addressed.
1 p. [C.O. 5, 1313. No. 13 ; and 5, 1360. p. 361.]
Jan. 14. 177. William Penn to William Popple. Esteemed Friend,
(14th, llm. I cannot yet answer the last letter I had by order of the Lords
(Jan. Commissioners for Trade etc., because I have not been yet able to
1702). overhawl my papers, but hope to do it in a day or two. For the
first, the security will be given in to-day or to-morrow, one of
ym has been indisposed, wch. hap prolonged it, wch. is what
122 COLONIAL PAPERS.
1703.
now offers from Thy assured frierfd. Signed, Wm. Penn.
Endorsed, Reed. Read Jan. 14, 170. Holograph. Sealed.
Addressed, For Wm. Popple, Esq., at the Plantation Office at
Whitehall, f p. [C.O. 5, 1262. No. 17.]
Jan. 14. 178. Council of Trade and Plantations to the Earl of
Whitehall. Nottingham. Enclosing extracts from Governor Dudley's letters
Sept. 17 and Nov. 10, 1702, relating to provisions and men which
he was ordered to send to Jamaica, and two Addresses to H.M.
from New Hampshire. Signed, Weymouth, Robt. Cecill,
Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior.
[C.O. 5, 751. Nos. 47, 47.i.-iv. ; and 5, 910. p. 353.]
Jan. 14. 179. Order of Queen in Council. Approving draught of
St. James's. Instructions relating to the Acts of Trade and Navigation, Jan. 13,
for Governor Lord Cornbury, and ordering them to be prepared
for H.M. signature. Signed, John Povey. Endorsed, Reed.
Read Jan. 25, 170. p. [C.O. 5, 1084. No. 13 ; and 5, 1119.
p. 348.]
Jan. 14. 1 80. Duplicate of preceding Order of Queen in Council.
St. James's. Endorsed, Reed. 20th, Read March 23, 170. f p. [C.O. 5,
1084. No. 14 ; and 5, 1119. pp. 431, 432.]
Jan. 14. 181. Order of Queen in Council. Appointing, upon the petition
St. James's. o f William Atwood and Thomas Weaver, the complaints against
them to be heard before H.M. at this Board Jan. 21st, and that
on or before the 18th each party do interchangeably give true copies
to the other of all such papers as they intend respectively to
make use of at the hearing of the said complaints, and that the
said partys have likewise copies of all such papers or parts of
papers remaining in the Council Office, or with the Lords Com-
missioners of Trade and Plantations they shall think necessary
for them respectively at the said hearing. Signed, John Povey.
Endorsed, Reed. Read Jan. 14, 170|. f p. Enclosed,
181. i. Petition of William Atwood and Thomas Weaver to
the Queen. Pray for copies of papers as above, and that
the hearing of their case appointed for Jan. 14 be
deferred. Signed, Wm. Atwood, T. Weaver. Copy.
1J pp. [C.O. 5, 1084. Nos. 15, 15.i. ; and 5, 1119.
pp. 331-333.]
Jan; 14, 182. Sir B. Gracedieu to Wm. Popple. John Walter, late of
the Council of Jamaica, being dead, I request you to recommend
to their Lordships Capt. Thomas Hudson. Signed, Bartho.
Gracedieu. Endorsed, Reed. 16th Nov., Read Dec. 10, 1702.
[sic]. \ p. [C.O. 137, 5. No. 93.]
Jan. 14. 1 83. Journal of Council of Trade and Plantations. Letter
Whitehall, to the Earl of Nottingham, with enclosures, signed and sent.
Letter from Mr. Eccleston and Mr. Wyeth relating to the Act
of Religion, Maryland, read. Ordered that a Report be prepared
AMERICA AND WEST INDIES. 123
1703.
wherewith to lay the said Act before H.M. (as being the same
with the Bill that was sent over thither) in order to H.M.
approbation .
Mr. Wharton presented to the Board a paper containing Articles
of complaint against Mr. Partridge, Lt.-Gov. of New Hampshire,
together with Depositions etc. Whereupon he was ordered to
attend on Monday next in the afternoon, together with the
persons who have made the said Depositions. And in relation to
the Draught of a Charter now lying before this Board for the
importation of Naval Stores from New England, upon his desiring
their Lordships would please to mitigate the strictness of the
clause proposed by them against stock -jobbing, he was ordered
to bring in writing, at the same time, what further proposals the
undertakers may think fit to make.
Letter from Mr. Penn of this date read.
Papers relating to the Counsellors of Jamaica laid before the
Board, and ordered to be taken into consideration when there
shall be occasion to fill up the names of Counsellors in the Jamaica
Instructions.
Letter from Col. Codrington, Oct. 14, read.
Letter from Lt.-Gov. Partridge, Oct. 30, read. Ordered that
extracts be sent to Col. Dudley.
Draught of letter with enclosures to Col. Dudley agreed upon.
Memorial from the people of the Bahamas against Capt. Hasket,
etc. received from Mr. Graves, were laid before the Board.
Jan. 15. Upon intimation that the hearing of the complaints
against Mr. Attwood and Mr. Weaver before H.M. in Council
had been put off till the 21st, their Lordships examined the
abstracts of all the letters received lately from the Lord Cornbury,
and ordered copies to be made of his letters of June 26 and
Sept. 29 and extracts from that of Sept. 17, in order to the trans-
mitting them by the hands of Mr. Thrale to the Attorney General
for such use as he shall think fit to make thereof at the said
hearing.
Mr. Attwood and Mr. Weaver presented to the Board H.M.
Order in Council of Jan. 14 (q.v.), which was read. And they
thereupon desiring because of the shortness of the time for copying
so many papers as they may have occasion for, that they may
have liberty to take notes of the depositions against them
transmitted by the Lord Cornbury, ordered that they be permitted
to take notes of those depositions. They also desired to have
copies of some other papers, whereof they would bring a list, but
had it not now ready ; and their Lordships thereupon agreed
to meet at four a clock this afternoon (at wch. time they said
they would bring in their said list) in order to determine what
to do thereupon.
Draught of a Representation upon the Maryland Act for the
establishment of Religious Worship was agreed upon.
Post Meridiem. Mr. Attwood and Mr. Weaver presented to
the Board a list of papers whereof they desire copies, which was
read. But the same being in divers articles general, and, as
their Lordships conceive, not contained in the number of such
124 COLONIAL PAPERS.
1703.
papers as H.M. Order in Council does intend, they were ordered
to bring in another list to-morrow morning, which they promised
to do.
Ordered that the other Commissioners of this Board not now
here be desired to attend to-morrow morning upon this occasion.
Jan. 16. Copy of Mr. Attwood and Mr. Weaver's petition to H.M.
referred to in the Order of Council, Jan. 14, read. The new list
of papers desired by them was now sent in and read, and their
Lordships finding thereby that the said papers are so voluminous
that they cannot be copied in several months' time, and that
the greatest part of them do relate to transactions not only in
the time of the Earl of Bellomont, but even of Col. Fletcher's
Government, which their Lordships do not conceive have any
relation to the present case ; they were pleased thereupon to
transmit the said lists with a copy of H.M. Order in Council
relating to this matter to the Earl of Nottingham, desiring an
explanation by his Lordship how they are to proceed therein.
Mr. Weaver who attended in behalf of Mr. Attwood and himself
was afterwards called in, and told that their Lordships did
conceive many of the papers desired by them to have no relation
to the present business and not intended by H.M. Order in Council
to be given them ; but that the whole cannot possibly be
transcribed in the time limited, and that their Lordships had
thereupon desired the sence of the Order of Council might be
explained, concerning which they were ordered to attend again
on Monday morning next for a further answer.
Mr. Thrale attending afterwards upon the same occasion, the
copies and extracts of the Lord Cornbury's letters ordered yester-
day to be transcribed, were delivered to him to be communicated
to the Attorney General. Mr. Thrale also communicated to
the Board a copy of Mr. Attwood's answer to the Lord Cornbury's
reasons for suspending him from his offices, the same having been
laid before H.M. on Thursday. [C.O. 391, 15. pp. 364-374 ;
and 391, 97. pp. 33-43.]
Jan. 14. 184. Minutes of Council of Jamaica. Ordered that the
St. Jago de Receiver General buy up two pipes of Madera, two hogsheads of
a Vega. a j e ^ g] asseS; pip eS) tobacco and candles, to be put and remain in
the King's House for the use of the Governor.
Committee appointed to receive the goods saved out of the
fire at Port Royal (Capt. John Lewis, Ezekiel Comers, and Moses
Yesurun Cordoso).
Proclamation ordered to be published. Anne by the Grace of
God etc. Queen, Whereas several evil -disposed persons under the
umbrage and pretence of helping the miserable and distressed
inhabitants of Port Royal in the time of the late dreadful fire,
did plunder, take and carry away great quantities of all sorts
of goods, merchandizes, gold, silver, jewels and plate, and do
still conceal and deteyne the same from the Proprietors, contrary
to the Laws or the rules of Christianity or even common humanity,
we have therefore thought fit by and with the advice of the
Council of that our Island, to publish and proclaim to all our
AMERICA AND WEST INDIES. 125
1703.
subjects of that Island that have saved any goods etc. not belonging
to themselves out of the said fire, that in eight and forty hours
after the date hereof they bring in all such goods into H.M.
Fort. Charles to be delivered to the [above] Commissioners, to
the end that all things may be brought to public view and the
poor sufferers receive what is saved belonging to them. And
whosoever shall contrary to this our Proclamation still deteyne
or conceal or imbezel any such goods etc., upon proof thereof
they shall be prosecuted as felons, and our Attorney General
and all other Justices of the Peace are hereby required to secure
all such offenders, that they may be prosecuted accordingly.
And we do strictly charge and command all our loving subjects
whatsoever to be aiding and assisting in discovering and
apprehending such offenders, as they will answer to the contrary.
Witness, Thomas Handasyd, our Lieut .-Governor, Jan. 14, 170.
The Council desired the Governor to write to the Admiral to
give him an account of the names of the [above] Commissioners,
and to request him to order what goods etc. should be found
by the search appointed by him into their hands at Fort Charles.
[C.O. 140, 6. pp. 114-116.]
Jan. 14. 185. Minutes of Council of New Hampshire. Upon reading
the petition of Mrs. Loue Shirburne wherein she complains of
John Lane, of Hampton, for not paying her the rent of her house,
lands etc., ordered that both parties attend on Monday next.
[C.O. 5, 789. p. 123.]
Jan. 14. 186. Minutes of Council in Assembly of New Hampshire.
Portsmouth. The House desired the perusal of the Treasurer's accounts, which
were sent down accordingly.
Jan. 15. Message sent down referring to the fortifications on Great
Island, and a copy of the Governor's Speech thereupon. Con-
ference thereon summoned.
Jan. 16. Vote relating to the fortification on Great Island sent up and
agreed to.
Ordered that Mr. Treasurer do with all possible expedition
let to farm the duty of excise for the year ensuing.
Vote about reviving the Act of Impost sent up. [C.O. 5, 789.
pp. 127-130.]
Jan. 15. 187. Win. Attwood and Thomas Weaver to the Council of
Trade and Plantations. Praying for copies of Addresses, Deposi-
tions, Minutes of Council and Reports relating to their case,
extending back to Lord Bellomont's time. Signed, Wm. Atwood,
T. Weaver. Addressed. 2J pp. [C.O. 5, 1084. No. 13.]
Jan. 15. 188. Council of Trade and Plantations to the Earl of
Whitehall. Nottingham. Having received an Order of Council, by which
we are directed to deliver to Mr. Atwood and Mr. Weaver on or
before Monday next the copies of all such papers remaining
with us as they shall think necessary 'for them at the hearing
before H.M., and they having thereupon demanded of us the
126 COLONIAL PAPERS
1703.
papers contained in the list [Jan. 15], which have not only a
retrospect to 1693, but are also so very numerous as not to be
transcribed in less than a month, the same containing in effect the
whole transactions of Col. Fletcher's and Lord Bellomont's
Governments, we humbly desire an explanation how we are to
proceed, in respect that the hearing is appointed for Thursday,
and that their demand of the said papers, as we conceive, tends
only towards the running into the proceedings of the past Govern-
ments of New York, and recriminating the present administration .
Signed, Dartmouth, Weymouth, Robt. Cecill, John Pollexfen,
Mat. Prior, Ph. Meadows, Wm. Blathwayt. 1 p. [C.O. 5, 1084.
No. 14; and 5, 1119. pp. 334, 335.]
Jan. 15. 1 89. Minutes of Council in Assembly of New Hampshire.
Portsmouth. Ordered that the Act to prevent the exportation of wool out of
the Kingdoms of Ireland and England into foreign parts and
for the encouragement of the woolen manufacturers in the
Kingdom of England be published by the High Sherif with beat
of drum etc., having been hitherto neglected, which was accordingly
done. [C.O. 5, 789. p. 133.]
Jan. 15. 1 90. Minutes of Council in Assembly of Jamaica. The return
for St. Elizabeth's showed that Odoardo Lewis and William Vassall
were chosen.
Thomas Brayne, John Asycough, Col. Lewis and Robert Meakin
were sworn Members of Assembly.
The House desired a new writ to be issued for St. George's
parish, to which the Governor assented.
Jan. 16. Major Clark and Capt. Freeman were sworn Members of
Assembly.
The House acquainted H.E. and Council, that having taken
into consideration the ill-consequences that may accrue to H.M.
Revenue for want of the fixt place where the merchants and
masters of ships, which are dayly expected, and others concerned
may apply themselves to the several offices to enter their ships
and pay in their customs, they desired them to ascertain the same.
Ordered thereupon that the Receiver General bring the Queen's
books to St. Jago de la Vega and keep them there till further
order. [C.O. 140, 6. pp. 421, 422.]
Jan. 15. 191. Minutes of Council of Virginia. Upon reading the Order
of H.R.H. the Lord High Admiral, June 24, 1702, to Capt. Moodie
to make the best of his way to Newfoundland, together with
Capt. John Leake's orders to the same effect, but that in case
Capt. Leake should be gone before his arrival, to make the best
of his way after him to England, H.E. and Council observe that
Capt. Moodie did not receive said orders till Dec. 14, and at that
time was not in a condition to sail, nor could be in less than
5 weeks, by reason of his want of provisions, sickness of his
men and other inconveniences, since which H.E. hath had an
account that Commodore Leake is safely arrived in England with
his fleet and prizes, so that in all probability the service for
AMERICA AND WEST INDIES. 127
1703.
which Capt. Moodie was designed is long since over, and it having
been represented to H.E. and Council, by Capt. Moodie and
diverse masters of merchant ships that the season of the year
will not permit H.M. said ship to go upon the coast of Newfound-
land, and there being now in this Colony diverse ships bound for
England, some whereof are ready to sail and others will be in a
short time ; and H.E. and Council finding by the Lords Justices'
Instructions Sept. 13, 1698, that no ships are to be permitted
to sail out of this Colony in time of war except in fleets or at
such time as shall be notified for their meeting of convoys, and
that there is no advice of any such convoy designed hither this
spring, so that if this opportunity is once lapsed the said ships
may in all probability be in this Colony all this summer, which
will not only be the ruin of the ships and loading, but also endanger
the lives of the seamen, H.E. and Council with all deference to
the Orders of H.R.H., are humbly of opinion that it will be very
much for H.M. interest and service, and the advantage of all H.M.
subjects concerned in tobacco and shipping as well in England
as here, that Capt. Moodie take under his care all such ships as
shall be ready to sail with him March 4th, and convoy them
directly for England, and that H.E. issue his orders to
Capt. Moodie accordingly ; and that, considering the above
reasons, H.E.'s Order and his hand and the seal of the Colony
will be sufficient to indemnify Capt. Moodie for his staying and
sailing with them ; and are confirmed in this opinion by
Capt. Moodie's orders from the Admiralty, June 25, 1701, which
add, "when you shall receive orders from this Board for the
returning home, you are not to leave the Colony before you have
given timely notice thereof to the Governor, that so, if any
immediate occasion should happen of service, the same may not
be disappointed for want of the said Governor's knowing how
you intend to proceed."
Ordered, that Capt. Moodie appoint the place for the fleet to
make up.
Ordered, that the ships sail March 4th, whether Capt. Moodie
stays or not.
The proceedings of Council being read to the Masters of ships
who petitioned H.E. Jan. 13, they all declared their satisfaction
therewith.
Ordered that the Collectors and Naval Officers do not clear
any ships after the fleet is sailed.
Writs were signed for the election of burgesses for the General
Assembly to meet on March 17th.
Proclamation ordered for returning lists of all officers, civil
and military, and of the county and parish levies being prepared.
\C.O. 5, 1409. pp. 275-277 ; and 5, 1412. pp. 30-32.]
Jan. 16. 192. Lords Commissioners of the Admiralty to the .Queen.
Since our attendance upon your Majesty yesterday morning
in Council, we have discoursed with Mr. Blathwayt as to the
orders to be given to your Majesty's forces going to, and already
in, the West Indies. Recommended tftat Col. Colombine's Regiment
128 COLONIAL PAPERS.
1703.
be sent away as soon as possible to strengthen the forces under
Col. Codrington at the Leeward Islands, and, if it be not done
already, that they, together, attack the French Cariby Islands,
viz., Martinico and Guadalupe, and endeavour the entire
destruction of their Plantations and settlements on them, bringing
away the inhabitants to England, as we formerly proposed.
That, if it be thought feasible by a Council of War, they do
attempt the taking of Fort Royal du cul de sac at Martinico, and
if they take it, leave one compleat Regiment for the security of
it, and that they govern themselves by the resolution of a Council
of War, whether after their landing, they shall first attempt the
said Fort, or begin with the destruction of the settlements upon
the Island. When the service is over at Martinico and Guadalupe,
we conceive it will be necessary to compleat the Regiment now
at Nevis, and which is to continue there, and that the rest of the
forces do embarque for Jamaica, and after having recruited
the two Regiments belonging to that Island, up to their full
complement, which in regard to the health of the men who are
to go further, ought to be done in as short a time as possible,
the remaining part should proceed with Vice-Admiral Benbow
to Newfoundland, and endeavour the taking of Placentia, and
such other services as a Council of War shall judge reasonable to
be undertaken. But if when the forces from Martinico are come
to Jamaica and join'd Vice-Admiral Benbow, he thinks he shall
be too early at Newfoundland for the service intended there,
your Majesty will in that case be pleased to order him to call
at New England, and get what supplies of men he can from
Col. Dudley, the Governor, to assist him, in his attempt upon
Placentia, which is represented as a place of strength, and further
direct him to take care of and furnish those men with provisions,
and passage along with him, upon this enterprize, giving them
assurances of your Majesty's protection and favour, and that
he does the same to such as shall come to him from New England
to Jamaica, which we are informed by Mr. Blathwayt 300 intend
to doe. And to prevent all delays in your service, your Majesty
will please, that upon the arrival of the Resolution at the Leeward
Islands an express be despatched to Vice-Admiral Benbow with
notice of what is intended, that he may have his ships in a readi-
nesse to sayle, against the time that the forces abovementioned
shall come to joine him. Signed, G. Rooke, D. Mitchell, Geo.
Churchill, Richd. Hill. 3 pp. [S.P. Naval 1. Under date.}
[Jan. 16.] 193. Reasons why the united Forces of England and Holland
should sail without delay to the West Indies. Now is the most
proper time for an attempt upon the Spaniards in the West
Indies, when the destruction of the French and Spanish ships
at Vigo hath put the first under an impossibility of sending a
fleet to oppose the confederate Navy and the latter under the
highest consternation. . . . Without the acquisition of a Port
such as the Havana and some others, such as may secure our
Fleets, where we may lay up Naval Stores, refit and clean our
ships, our Trade to Jamaica and other parts cannot be safe.
AMERICA AND WEST INDIES. 129
1703.
In no part where the Enemy can be attacked can there be such
hopes of success, nor such great advantages to the Confederacy
(particularly to England) from a happy event, since the opening
a Trade with the Spaniards in America hath an immediate prospect
of returning bullion for our manufactures, and is the only possible
amends to be made the merchants in gene rail for the interruption
of Trade in Spaine, the Mediterranian and elsewhere. Nothing
can so effectually prejudice the Family of Bourbon or advance
the interests of the House of Austria, since a fixed footing and a
secure Port in America must let the Spaniards see that nothing
but a Treaty in favour of the House of Austria in a generall Peace
can secure them the enjoyment of their Country or the benefit
of Trade. . . . These forces joyned with those of New York, the
Jerseys and New England might easily take Quebec, and drive
the French entirely out of Canada, a design of the highest
importance hi itself and a preservation to our Northern Colonys,
which by that great establishment must in time be undermin'd
and destroy'd. For that design this is the very season, it would
recover troops diseased by the services against the French Islands.
No signature. Endorsed, R. Jan. 16, 170. 2J pp. [C.O. 318, 3.
No. 7.]
[Jan. 16.] 194. Copy of Mr. Atwood's reply to the Lord Cornbury's
Reasons (as certified by Mr. Honan), for suspending him from
the Council of New York. Respondent, humbly submitting
what would be the consequence if Governors in remote Plantations
should be suffered to exercise original jurisdiction over judicial
proceedings and acts of State under former Governments and
to assume the offices of Judge and Juryman, and if the bare
certificate of a man so notorious for aiding and abetting pyrates
and other foul practices as Honan, should be admitted for a
charge against a Judge, whose impartial judgements for the
Crown have raised great clamours from open violators of the
Law, begs to represent (1) He is not to be thought charged in
any particular by the Lord Cornbury, since nothing appears
under his hand, to subject him to an action, if the accusation
prove groundless, and the original, if any such there be, is in
his own custody. (2) His Lordship, though he actually suspended
this Respondent June 9th, has hitherto given no reason according
to the Trust reposed in him, the supposed reasons not being
certified by himself. (3) In the preluded reasons, 'tis said his
Lordship was soon after his landing presented by a great number
of the principal inhabitants with 33 articles against respondent
with a great number of affidavits to support and justify them,
and yet no article appears with anybody's hand to it, neither
has his Lordship or Honan transmitted any one pretended
proof prior to the suspension. (4) All the supposed proof rests
upon the credit of Honan's certificates, and if the Attorney
General Broughton, who would have his inactivity and coldness
in the service of the Crown pass for cause of censuring Respondent's
zeal, in conjunction with the late arbitrary Mayor and Rip Van
Dam, provoked by that lenity which accepted of his acknowledging
C 9
130 COLONIAL PAPERS.
1703.
his offence, have succeeded in their labour to get affidavits to
colour a suspension first pronounced without any one pretended
proof of the grounds, it is to be presumed that they have made
such interlineations and charges that they dare not suffer the
originals to be seen. The affidavits not being taken in any
Court nor capable of being on record, no copies of them can be
evidence. (5) If such papers could be admitted for evidence,
it would appear that all the imagined grounds to colour the sus-
pension are founded upon judicial proceedings, wherein if there
be error, the Law has appointed a proper method of reversal, till
then the Judgments hi the Supreme Court and Sentence in the
Vice -Admiralty ought to be looked on as inviolable, and to
countenance reflections upon them would be a great prejudice
to the course of Justice, especially in the Plantations, where that
course is too frequently stop'd at the solicitation of offenders.
(6) No examinations ought to have been taken by the Lord
Corn bury against Respondent, unless hi relation to corruption
or some practice foreign to the office of a Judge ; indeed the
supposition that this Respondent demeaned himself unduly,
unjustly and corruptly was declared as the ground for the suspen-
sion pronounced, but neither before nor since was there the
least proofe to colour it. (7) If the Lord Corn bury had authority
to try causes over again originally in his Chamber, and should
have found that there was cause for Respondent's being suspended,
yet by virtue of the act continuing all Commissions which were
in force at the demise of the late King, his Lordship could not
suspend, having no authority to make void the Commissions
which were to be in force six months after the demise etc. (8)
In any case, his Lordship's power was unjustly executed, the
suspension being pronounced before any proofe upon oath and
without communicating any particular ground to Respondent
or hearing what defence he could make. (9) The only colour
for Respondent's suffering what he has hitherto done is from
the authority and reputation of a Governor who labours to make
good his undue censure, the real grounds for which cannot be
set in a true light without shewing wherein his Lordship would
excuse his manifest renouncing the authority of an English
Governor by breaking the Laws of Trade and protecting the
notorious breakers of it from justice, imprisoning the Sherif of
the County and City of New York in the Fort, for not giving
liberty to a condemned traitor, who fully and freely confessed
his crime, suffering such prisoners to escape and encouraging one
of them to bring actions of 10,OOOZ. each against his Judges,
violating the rights of the City, taking away the freedom of
elections to the General Assembly and by such means procuring
a majority to his mind, with other enormities, whereby he has
forfeited that reputation, the presumption of which is to supply
a total defect of evidence. Respondent hopes he shall not be
obliged to make any further or more particular answer till he
shall have obtained leave to exhibit articles against the Lord
Cornbury and one of his instruments, Attorney General Broughton,
upon examination of which it will appear that if this Respondent
AMERICA AND WEST INDIES. 131
1703.
would have connived at illegal trade, scurrilous reflections upon
H.M., and a manifest defection from the Crown, he might have
still enjoyed his offices with plenty and outward peace, etc.
Signed, Will. Atwood. Endorsed, Reed. Read Jan. 16, 1702 (3).
Copy. 4 pp. [C.O. 5, 1084. No. 16; and 5, 1119. pp. 335-341.]
Jan. 16. 195. Minutes of Council of Jamaica. Ordered that the
Receiver General buy up for the use of the Governor a handsome
bed and bedstead, with all other furniture suitable for a lodging
room.
Petition of Benjamin Wales, setting forth that his wife was
taken away from the North side by a French privateer and a
servant of his also, and praying that a Flag of Truce may be sent
to demand them, recommended to the Admiral, requesting him
to send one of H.M. vessels to Leogane to demand them. [C.O.
140, 6. p. 116.]
Jan. 17. 196. Memoranda [by William Blathwayt], as to Col. Colem-
bine's Regiment, etc. 1 p. [C.O. 318, 3. No. 8.]
Jan. 17. 197. Order of Queen in Council. Copies of such papers only
St. James's, to be given to Mr. Atwood and Mr. Weaver, upon their desire,
as have been transmitted by the Lord Cornbury to make good
the charge sent over by his Lordship against them, it being H.M.
pleasure that the matter of the said charge etc. be heard before
H.M. at this Board on Thursday next without any further delay.
Signed, John Povey. Endorsed, Reed. Read Jan. 18, 170f .
| p. [C.O. 5, 1084. No. 17 ; and 5, 1119. pp. 341, 342.]
Jan. 17. 198. Minutes of Council of the Massachusetts Bay. The
Boston, Hon. Thomas Povey, L.G., communicated to the Council the
Lords day. intelligence he had received this day by letters from the County
of Barnstable directed to H. E. (who is not at Piscataqua) of
the surprizing and taking of two or more of our sloops, and a
whale-boat or two at Cape Cod by a French sloop upon Friday
last. Advised, that H. E. make out an order for taking up of
a suitable vessel to be forthwith equipped, armed, victualled
and manned with 40 or 50 men, to be sent forth under the command
of Capt. Cyprian Southack in pursuit of the said enemy ; and
that the intelligence be forthwith expressed to H.E. Mr. Treasurer
was directed to make provision for victualling the vessel for 6
weeks at the least. [C.O. 5, 789. pp. 476, 477.]
[Jan. 18.] 199. State of the Case of Samuel Allen, Proprietor of New
Hampshire, setting forth his title to the Province of New Hamp-
shire. [See Calendar A.& W. I. 1701, No. 271.1.] With notes
for queries to be addressed to the Attorney General. Endorsed,
Reed. Jan. 18th, Read April 5, 1703. 3 pp. Enclosed,
199. i. Copy of Affidavit of Nathaniel Boulter and John
Redman, of Hampton, N. Hampshire, as to Capt. Mason's
rights in New Hampshire, Nov. 6, 1685, 2 pp.
132 COLONIAL PAPERS.
1703.
199. ii. Copy of similar affidavit of Francis Small of Piscataqua,
Sept. 5, 1685. 2 pp.
199. iii. Copy of similar affidavit of George Walton, of Great
Island, New Hampshire, Dec. 18, 1685. 2 pp. [C.O. 5,
863. Nos. 8, 8.i.-iii.]
Jan. 18. 200. Governor Codrington to [? the Earl of Nottingham.]
St. Chris- In obedience to your Lordship's last orders I have used my
tophers. utmost diligence to get ready all the men I possibly could against
my Lord Peterborough's arrival. I found a surprizeing back-
wardness both in the gentlemen and common people, and have
been forct to exert all my interest and authority upon this
occasion. However, I have pretty well struggled through the
difficultys, and shall have a verry good Regiment of twelve
companys and two independant companys prepared to embarque,
let my Lord come as soon as he pleases. I shall attend his Lordship
in person and doe what little service I can. I beg your Lordship
to beleive and assure the Queen whenever her glory and the
interest of her arms are concerned, no man has the honor to be
employed by H.M. shall serve with more zeal and less reserve
of person or fortune then myself. I am at present wholly in the
dark as to the scheme which has been laid, and therefore can
form no judgement concerning it. I beg leave only to say, if wee
take Martineque everything else will follow of course, and to take
that Island only would be a greater service to the Nation then
to conquer the Dutch Spice Islands. If we attempt it briskly,
I believe wee may succeed, and my Lord Peterborough, I am
sure, did not come into the Indies to trifle . Signed, Chr . Codrington .
P.S. Having mentioned the backwardness of our people, I
think it will be best to give your Lordships the reasons of it.
The first is the ill-usage our Creoles met with under Col. Fowke,
which they still remember, and are therefore very shy of serving
under a European General or indeed mixing at all with European
forces, but this I easily got over by letting everybody know how
different a man my Lord Peterborough is from Col. Fowke, but
the chief obstruction ris from the enclosed letter, which I suppose
the Admiral ordered onely to be communicated to me, but the
Master of the vessel who brought [it], opened it at Antigua,
whilst I was here, and copys were spread abroad by some factious
ill-natured people, to make the inhabitants believe when they
were listed, they would be sent down to Admiral Benbow and
employed at the Havana and Hispaniola ; and this notion so
much prevailed that I have had ten times the trouble that
otherwise I should have had. I shall never faile my Lord to
doe my duty heartily and sincerely in spight of all opposition
whatever. Signed, Chr. Codrington. Endorsed, R. March 13,
170f . Partly holograph. 3 pp. [C.O. 239, 1. No. 5.]
Jan. 18. 201. Council of Trade and Plantations to the Queen. Trans-
Whitehall, nutting the Act of Maryland, March 25, 1702, for the Establishment
of Religious Worship, etc. Divers Acts relating to the establish-
ment of religion in Maryland having from time to time been
AMERICA AND WEST INDIES. 133
1703.
repealed by reason of several defects therein found, and we having
prepared, by his late Majesty's directions a draught of an Act
with such alterations from the Act of April 26, 1700, as were
thought most proper to the end designed and agreeable to the
toleration allowed here, and the aforementioned Act having,
in accordance with H.M. Order in Council, June 5, 1701, been
transmitted to Maryland and passed there, is now laid before your
Majesty. Upon examination we find it conformable to the
foresaid draught and humbly offer that it may receive your
Majesty's Royal approbation. Signed, Robt. Cecill, Ph.
Meadows, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. [C.O.
5, 726. pp. 170-172.]
Jan .18. 202. Order of Queen in Council . Affirming the Act of Maryland
St. James's, for the establishment of religious worship in this Province according
to the Church of England and for the maintenance of Ministers.
" The said Act is hereby confirmed, finally enacted and ratifyed."
Signed, John Povey. Endorsed, Reed. Read Jan. 25, 170f . 1 p.
[C.O. 5, 715. No. 71 ; and 5, 726. pp. 172, 173.]
[Jan. 18.] 203. Memorial of the Undertakers for producing Naval Stores
in New England etc. to the Council of Trade and Plantations.
(1) Less than a stock of 100,OOOZ. will not be sufficient to carry on
this undertaking, but are willing not to exceed that sum without
licence from the Queen. (2) For a farther security against
stock-jobbing, we p[ropose] that no person having any interest
in the said Stock who shall sell all or any part of his interest,
shall be capable of purchasing any part of the said stock within
one year after any such sale etc., and other proposals. Signed,
Wm. Wharton, Agent. Endorsed, Reed. 18th, Read Jan. 20, 170|.
2 pp. Edges torn. [C.O. 5, 862. No. 145.]
Jan. 18. 204. Journal of Council of Trade and Plantations. Order
Whitehall. o f Council, Jan. 17, directing that the copies of papers to be
given to Mr. Atwood and Mr. Weaver, upon their desire, be only
such as have been transmitted by the Lord Cornbury to make
good the charge sent over by his Lordship against them, read.
Attwood and Weaver on the one side, Mr. Thrale and Col. Lodwick
on the other, being thereupon called in, the said order was com-
municated to them ; and observing the limitation of that Order,
neither side desiring any further copies of papers within that
limitation, they promised to meet this evening, and to deliver
to each other interchangeably the copies of such of the papers
which they have already as they intend to make use of at the
hearing.
Their Lordships observing that several of the papers transmitted
by the Lord Cornbury are signed by Daniel Honan as Secretary
and thereupon enquiring of Colonel Lodwick into the state of
the Secretary's Office, he acquainted the Board that Mr. Matthew
Clarkson had been constituted Secretary by Patent from hence
in 1690, and enjoyed that place accordingly, but was lately dead,
134 COLONIAL PAPERS.
1703.
and that the Lord Cornbury had thereupon appointed Mr. Honan
to officiate per interim in his stead.
Order of Council, Dec. 31, for repeal of Acts of New York laid
before the Board.
Mr. Wharton laid before the Board a further Memorial in the
name of the Undertakers for bringing Naval Stores from New
England.
Mr. Usher laid before the Board the state of the case of Mr. Allen,
Proprietor of New Hampshire, with four queries which he offers
to be proposed to the Attorney General for his opinion upon them
in point of Law.
Order of Council, Dec. 17, upon a Representation from the
Committee of Council for hearing Appeals, relating to an Appeal
of Mr. Allen, laid before the Board.
Representation upon the Act for the establishment of Religious
Worship in Maryland signed and sent to the Council Board.
Jan. 19. Letter from the Board of Ordnance, Jan. 14, read. Answer
returned.
Draught of an Instruction to Sir Beville Granville upon Sir John
Colleton's case [see Dec. 31, 1702], was agreed upon. Representa-
tion ordered wherewith to lay the same before H.M.
The Secretary laid before the Board a division of the accounts
of the incidental charges of this Office, which were transmitted
to the Lord High Treasurer, July 7 and Nov. 6. Whereupon a
letter was writ enclosing the same to his Lordship for his favourable
directions therein.
Letter from Mr. Perm of this date read. Directions given for
preparing a Representation to be laid before H.M. on that matter.
Jan. 20. Representation wherewith to lay before H.M. the draught of an
Instruction for Sir Beville Granville, signed.
Two memorials from Mr. Wharton in the name of the Under-
takers for importing Naval Stores from New England read.
Directions given for altering some clauses in the draught of the
Charter that lies before the Board, so that they may have liberty
to purchase lands not exceeding the value of 5,OOOZ. per annum,
that the limitation of their stock be extended to 50,OOOZ. ; that
in the last clause for vacating their Charter, there be allowed 18
months after the declaration of H.M. pleasure therein ; and
that all the remaining clauses of the said draught continue as
they now are. [C.O. 391, 15. pp. 374-381 ; and 391, 97.
pp. 45-55.]
Jan. 19. 205. Council of Trade and Plantations to the Board of
Whitehall. Ordnance. In answer to yours of Jan 14, we think that the
arms etc. designed for Virginia ought to be sent by the first convoy,
which is appointed to be ready by the latter end of this month.
The security of the Province very much depends upon the arrival
of the said arms, which are of most use in the summer season,
and great part of them immediately to be delivered to the Militia,
who are in expectation of them. Signed, Robt. Cecill, Ph.
Meadows, Wm. Blathwayt, Jon. Pollexfen, Mat. Prior. [C.O. 5,
1360. p. 362.]
AMERICA AND WEST INDIES. 135
1703.
[Jan. 19.] 206. Articles of Complaint against Lt.-Gov. William Partridge.
He entered on the Government of New Hampshire without being
duly qualified by oath, and thereafter traded illegally, importing
Spanish iron direct from Spain, and ship's timber fit for H.M.
service to Spain, Portugal and Algiers. [See Cal. 1696-1702.]
Last summer he arbitrarily suspended George Jeffreys from the
Council, without assigning any cause. Partridge being the chief
trader in that Province, and the Naval Officer, being insolvent
and indebted to him, is under his power and very remiss in
executing his office. Signed, Wm. Wharton. Endorsed, Reed.
Read Jan. 19, 170. 2$ pp. Enclosed,
206. i. Memorandum of documents relating to Usher v. Part-
ridge, 1697-1700. 1 p.
206. ii. Deposition of John Usher in confirmation of above
charges. Signed, John Usher. Jan. 2, 1702(3). 2 pp,
206 iii. Deposition of Robert Armstrong, late of New Hampshire,
in confirmation of above charges. Signed, Rot. Arm-
strong, Jan. 2, 1702(3). 1J pp.
206. iv. Deposition of Richard Wibird, Mariner, of New
Hampshire, in confirmation of above charges. Signed,
R. Wibird, Jan. 2, 1702(3). 1 p. [C.O. 5, 862. Nos.
146, 146.i.-iv. ; and 5, 910. pp. 360-366.]
Jan. 19. 207. William Penn to the Council of Trade and Plantations.
[19th llm. Honble. Friends, I enclose the certificate of the security being
(Jan., given by the two gentlemen that were accepted by you, and pray
1702).] the utmost dispatch of the Queen's approbation of my Lt.-
Governor, because the ships goe in a day or two. I also humbly
pray that ye approbation be so worded that the year to which
it is limitted may not commence till May 1st, 1703, or rather
not end till the first day of the month called May, 1704, the time
of going, from weather or the ennimy, being uncertaine, it may
be in 6 weeks and it may be 6 months, which would make a great
hole in that time. For the Laws, I beleive they are the present
Body of Laws, but at the perusall of my next letters, now hi the
Channell, I may be better able to answer your letter on that
subject. I am with respect, your assured faithful Friend. Signed,
Wm. Penn. Endorsed, Reed. Read Jan. 19, 1702(3). Holograph,
2 pp. Enclosed,
207. i. Certificate from H.M. Remembrancer's office in the
Inner Temple, Jan. 15, 1702(3), that security has been
given for Lt.-Gov. Hamilton. Signed, R. Barker, D. Rem.
1 p. [C.O. 5, 1262. Nos. 18, 18.i. ; and 5, 1290. pp.
282-284.]
Jan. 19. 208. Earl of Rochester to [lEarlof Nottingham]. Itappearing
by the muster-rolls of Col . Handasyde and Col. Levesay 's Regiments
sent from Jamaica, that they are only signed by the officers of
each company, and not by the Governor and Council, or any three
of them, as H.M. regulation directs, it is desired that fresh and
pressing directions may be forthwith sent strictly to comply
with the regulation aforesaid, as the only means to prevent the
136 COLONIAL PAPERS.
1703.
payment of more then there shall be actually in service. Signed,
Rochester. Holograph. | p. [C.O. 137, 45. No. 39.]
Jan. 19. 209. Minutes of Council [in Assembly] of Barbados. After
reading a letter from Capt. John Foljambe, H.M.S. Kinsale,
desiring to be indemnified from being made liable for H.M. stores
spent on the supernumerary men appointed him by order of
this Board, and likewise desiring directions and orders for the
discharging and continuing them on his books, ordered that a
letter be sent to the Navy Board to certify the occasion and
necessity for H.M. particular service of taking on board the said
supernumeraries, and if Foljambe is of the same opinion as he
was that they would be allowed of, and that it has been practised,
he might either contrive or discharge them, as he thinks fit, but
this Board are of opinion that there is not that occasion for them
now as was then.
The Messenger acquainting the President and Council, on
enquiry, that the Assembly had not made a House, the President
sent a message to the Speaker that it was his desire that they
would not fail of making a house the next morning, having very
urgent affairs that required their presence. The House returned
answer that they were adjourned to Friday next and could not
meet sooner. The President told their messenger that he expected
to meet them next morning according to his order, and that the
matters he had to offer were of such great moment that would
not admit of any delay. To a second message to the same effect
he gave the same answer. They replied that having adjourned
to a certain day, it was not in their power to alter it. Whereupon
the President ordered letters to be sent immediately to them
requiring them not to fail meeting next Thursday morning.
Jan. 20. Report of the Attorney and Solicitor General read, relating
[Wednes- to the French that came up in the pretended Flag of Truce, who
day]. were suspected to be spies ; and also a letter from M. Torraile,
who came in the said vessel, praying that he might have the
benefit of the cartel settled between this Island and Martineco.
Ordered that a Commission issue for trying the French prisoners
by a Court Martial on Munday next.
This Board being informed that Capt. Hovenden Walker did
intend to send one of H.M. third rate ships under his command
as a convoy to some East India ships lately arrived here, for
London, believing it might be of fatal consequence to the expedition
they are now sent upon by lessening the forces, did acquaint Capt.
Walker with their dislike thereof, to which he answered there were
forces sufficient to engage all the French could send to these
parts, and that he had lately received orders from England and
would answer for what he did in that matter.
He proposed that the man-of-war which is appointed the guard-
ship here, instead of cruising to windward of this Island, might be
off Martineco, which might be a means to keep off their Privateers,
to intercept all French ships going into Martineco, and retake
any of our merchant ships that might be taken by the enemy.
AMERICA AND WEST INDIES. 137
1703.
24:1. paid to John Cotrell, for 6 months taking care of the house
and plantation which is hired for the Governor.
Jan. 21. Mr. Reynoldson's account for entertaining the French that
came in the Flag of Truce recommended to the Assembly.
The Assembly attending, the President desired they would
make an end of those matters he recommended to them at their
last meeting ; that some care be taken for continuing the Act
for Maintenance of the Forces till they are embarked, the month's
limitation by that Act being very nigh expired ; that an Address
be made to H.M. for some disciplined troops and ships for convoys
etc., and that a Joint -Commit tee be appointed to prepare the
same ; that the Act for securing the possession of Estates here,
which was sent for England, had miscarried, and therefore that
a duplicate be sent to their Agents, and that care be taken for
money to be ready in England for carrying on several necessary
matters there for the advantage of this Island.
The President read his reply to their answer to his speech :
" I am very sorry that what I lately delivered to you failed of
the attainment of those good effects intended viz. the rectifying
of some errors which I conceived were prejudicial to H.M. service,
inconsistent with your duty to her and our common interest, and
hath only produced an ungrateful and unreasonable controversy,
your answer giving me just occasion to believe you more willing
to justify and persist in your errors than to acknowledge or amend
them. I am very glad to hear, what you suggest, that your
understandings are so well informed, that you want no directions
from us, but should be more pleased to find your actions conform-
able. I am willing to construe your words or actions in the best
sense that charity will allow. You ought not, Mr. Speaker, to
have accused me of want of charity or any illogical misconstruction
of your well-intended actions without giving some real instances
of the incoherence or disagreement between my premisses and
the conclusions. How far your answer is a modest vindication,
as you say, will best appear by an examination of particulars.
You tell us that you question not either our sincerity or diligence
in our dispatch or promotion of things for the public good, and
the reason, you subjoin is, because recrimination is not your
business, which plainly implies you would have it believed you
had something to offer in contradiction to both, but that you
are pleased to spare us at this time, which is an insinuation as far
from truth as it is from modesty. In the next paragraph you
tell us how irksome it is to you to be charged with dishonouring
our gratious Queen and disparaging her Government, when the
whole course of your lives has been a continued manifesto of your
strict loyalty even to the most malitious, by which you infer
that we are supereminently malitious. Your account of your
proceedings in the Bill for taking up and fitting vessels of war is
a false representation of your action and ours. You very untruly
insinuate that the reasons of our not readily passing that Bill were
some objections made against that part of it which related to
those gentlemen's security, who were to advance the money
for the public service, whereas you cannot be ignorant, if you do
138 COLONIAL PAPERS.
1703.
not artfully overlook the amendments we sent you, that we did
not touch that part at all, but some clauses very foreign to that
matter that were tackt to the Bill, which we conceived neither
in duty to H.M. nor in prudence could be passed by us, so that
your " disjunctive proposition " proves a mere fallacy and error
not of ignorance, but of disingenuity and design, as I reasonably
conclude from your passionate and unmannerly zeal to have that
Bill passed exactly as it was, intending to surprise us to do that
in haste, which you could hardly suppose us to be weak enough
to do with any deliberation. And because we would not do this,
Mr. Speaker was pleased to threaten us that you would go
immediately and dismiss the vessels that were taken up for H.M.
and the country's service and charge all ill consequences upon
us, a very unjust and malitious design, and seditious too, and
that you did not put this design in execution, I cannot attribute
so much, Mr. Speaker, to your own temper as to the moderation
and prudence of some other Members of the Assembly many of
which, I doubt not, highly disapproved of such proceedings,
and cannot but wonder how the major part of them have been
prevailed upon to esponge Mr. Speaker's errors, whose intemperate
heats and rudenesses are become habitual. It was our not com-
plying unreasonably with this Bill that raised his passion, and
produced such indecent comparisons and expressions, wherein he
told us that you were the Great Council, which I think, notwith-
standing Mr. Speaker's childish evasions, very logically infers
that he took us to be the less, for all who understand the idioms
of the English language know very well that upon the comparison
of two Councils, when one is said to be the great Council, this
expression implies an inferiority in the one and superiority of
the other hi dignity, and cannot with[out] any propriety be meant
of numbers. As to your comparison of the Assembly here with
the House of Commons, I never understood that upon the account
of their greater numbers, that honble. body ever called them-
selves the Grand Council of the Nation exclusive to or in competi-
tion with the House of Lords, and always apprehended that both
Houses together made up the Grand Council of England. Nor
can we take your standing and being bare as any acknowledgment
of our superiorities, when at the same time we stood and were
uncovered aleo, having more reason from Mr. Speaker's words
and behaviour to infer that he took that respect we have always
shewn and received you with as a token of our inferiority to you as
the greater Council. As for the conceit of your being superior to us
in dignity implying a lunacy etc., I can account no further for
it then with the Moralist Ira furor brevis. That you did not
think then of a superiority of number but of dignity may further
be inferred from the reason you were pleased to assign of your
being the Great Council, which was that you represented the
whole body of the Island, and we represented nobody but ourselves,
that is as much as to say, you sat by some authority, but we by
none at all, and upon this account Mr. Speaker proceeded to tell
us that it was your Province, not only to council and advise, but
to admonish us too . Whereas I think admonition implies authority
AMERICA AND WEST INDIES. 139
1703.
and cannot properly be offered to those we acknowledge our
superiors, and as for the word " humbly " subjoined now in
the answer, it was not then mentioned. This imperious way of
pressing us to pass the Bill together with its faults, seems to
imply an expectation in you suitable to the greatness you assume,
that we should do it not by your advice, but by your prescription,
and that you would impose upon our reason by your authority,
and therefore that expression of a Member of our Board (that we
would not have a Bill popt upon us) was not only gentle enough,
but very proper and suitable to the disrespect and provocations that
extorted it, and your passionate zeal, with which we were pressed
to pass that Bill without deliberation or amendment, appearing
to be what Mr. Speaker calls it, a trick to betray us to act con-
trary to our duty and our reason, and a design to impose both
upon our loyalty and understanding.
As to the irreverence of the expression, Mr. Speaker is a very
unfit person to make the objection. Refers to the Speaker's own
coarse expressions when the Assembly attended upon his late
Excellency and Council upon occasion of H.M. rejection of the
Act to ascertain the rights and powers of the Assembly. Your
sentiments of our superiority is shewn by your saying that it is
only precarious and discretionary. You tell us plainly that
you are independent upon H.M. Council, because, you enjoy a
negative voice as well as we, but where the logic of this conclusion
lies, I cannot find.
As to our appointment of a " professed Papist and non-resident "
to command the Flag of Truce, we know him to be married and
suppose him to be settled in this Island. As to his being a Papist,
we told you that we held that to be a very good reason of laying
him aside, if true, but none of you when challenged would aver it
upon your own knowledge. However, we thought fit to wave
him, and accept of the person you recommended, being a Member
of your own House, which, because we would not do hastily
upon your first motion, Mr. Speaker told us that your House
took it ill from us, and therefore now that the Gentleman
recommended would not go ; that you had a right to recommend
such persons as were sent upon those occasions ; by which we
conjecture that you are of opinion that we are bound up by your
recommendations, and are confirmed in this opinion by your late
resolutions not to fit out any vessels of war for H.M. service,
unless such persons as you recommended should be adopted as
Commanders. Now tho', Mr. Speaker, we should always be
willing to take your advice in all such matters as far as it appears
to us to be conducing to H.M. service and the common interest,
yet to be wholly determined and confined by your recommendation
or to pay such a deference to your authority as to lay aside our
own reason and wave that freedom of choice which belongs to
us, would not only be an imposition upon us, but a prescribing
to H.M. a deminution of Her authority, and refusing Her the
liberty of putting in Commanders into her own ships.
As for your excuse for the presumption of doing that by your-
selves separately which you had no power to do but in conjunction
140 COLONIAL PAPERS.
1703.
with us, that it was a force upon you because the thing would not
bear any delay, we are well satisfied that there was no such force
and necessity upon you, for upon the least intimation from
your House I would immediately have called a Council, who I
am satisfied, would immediately have convened upon any necessary
emergency. As for your suggestion that we seemed to be satisfied
with the excuse you made, the doing an unlawful thing first and
excusing it afterwards, cannot alter the nature of the thing.
As for your excuses for not meeting, I cannot find the force they
should have upon your adjournments when met, nor what fatality
should lie upon you so precipitately to disperse as you have
done more than once, unless you suppose such a state as by a
secret and irresistible influence determines men's wills to act
contrary to their knowledge. Your reply as to the 4J p.c. is
another instance of your gratitude and modesty. Another
instance of your zeal for H.M. service which you lately gave us
was when upon a proposition of some of H.M. Captains that they
would victual and man our brigantine, which you would neither
do yourselves nor suffer them, tho' lying then upon the spoyl,
and without which their heavy ships could not be supposed to
be able to do any considerable service. Upon our moving this
to you, you sent us a paper modestly intituled an Order for the
Brigantine's being admitted to sail provided H.M. Captains
would give personal security in 2,0001. to return her safe at an
appointed time, a thing never required before of any Commander.
Now though you could not but see that this proposition would
give them just occasion of distast, and that it was too ridiculous
for yourselves to propose, yet you modestly leave it to us to put
your Order in execution immediately dispersing yourselves accord-
ing to your accustomed manner, to prevent the opportunity
of sending you our opinion, and now the vessel lies useless and
decaying. I am sorry to tell you I find in you generally an
indisposition to do anything for the good of the Island that is
recommended by us, only for that reason. I could give many
instances, as your backwardness to provide for the safeguard of
our coasts, the little care, tho' I have often pressed it, you take
to pay the soldiers and seamen that have already been in the
country's service, who now go starving about the streets, with
just exclamations against the Public faith ; and the great difficulty
with which I prevailed upon you to make any tolerable provision
for the reception of the Earl of Peterborough and our expected
Governor ; and your great opposition and delays to the receiving
and quartering of the land forces sent by H.M. for the safety
of these Islands ; and lastly the little care you take either to
inform or pay your Agents at home. By all which I gather
that the principal thing you aim at is an exorbitant power which
doth not belong to you, and that you prefer your own ambition
and honour to the honour and service of H.M. and the interest
of the people whom you represent. Which irregularities I must
advise you to amend, not designing to word it any further with
you, for I intend this reply for an admonition, not a dispute, and
hope you will not persist further to make it necessary for me
AMERICA AND WEST INDIES. 141
1703.
to give you a demonstration of your dependance upon H.M.
and consequently upon us, as delegated by H.M. authority, which,
if I should be constrained to do, I doubt not to give H.M. such
reasons for our proceedings as shall be approved by her, and to
make evident to the people which of us is really most zealous to
promote the common good.
This is what I intended to have said to you on Tuesday last,
if you had then made an House ; and now you have given me
a fresh occasion to complain of your negligence and disrespect
in refusing to sett the next day, though I acquainted you that
very urgent affairs required your presence, and notwithstanding
my appointment of the day, your adjournment of yourselves
(in contempt) to another.
The Speaker in answer said, We must word it farther. The
President answered that he had not consulted the House yet.
The Speaker replied that he knew the temper of their House well
enough.
In the afternoon, the Assembly attending again, declared
in answer to what was recommended to them, an Act for the
further accommodation of H.M. forces ; an Act for raising a
levy to discharge the public debts of this Island ; that they
had appointed a Committee to join with a Committee of the
Council to draw up an Address to H.M. ; that they had taken
care to send duplicates of the Act about securing Estates as
required ; that they had received a letter from Capt. Walker
desiring that an Act might be made to encourage the bring[m<7] in
all deserted seamen, but believing that 'twould take up too long
time to prepare an Act and have the same publisht, they desire
that the President would issue his orders to the several Collectors
to send out patrols as was done in the time of Sir Francis Wheeler ;
that Mr. Cox's petition was referred to a Committee ; and pre-
sented an Address for their Clerk's salary. They acquainted the
Board that John Heywood and one Merrick had complained to
them that the Secretary refused to give them their orders for
money laid out by them for the fortifications, without they
would pay him 10s. for the same, which they alleged was contrary
to the Act made for that purpose. They prayed for a copy in
writing of the reply to their answer, which was granted, and then
withdrew.
Bill for the further accommodation of H.M. forces was read
three times, passed, and received H.E.'s consent.
Bill for raising a levy was read three times, passed, and received
H.E.'s consent.
Joint Committee appointed to prepare an Address to H.M.
Salary of William Bawlin, Clerk of the Assembly, paid.
Petition of Csesar Brooks, gent., read, setting forth that by a
special Court of Oyer and Terminer, he was by a jury found guilty
of killing Major Wm. Edwards, in his own defence, and praying
H.M. pardon, which was granted. [C.O. 31, 6. pp. 352-373.]
Jan. 19. 210. Journal of Assembly of Barbados. The Members present
being but 13, adjourned to Jan. 21. [C.O, 31, 7. pp. 31, 32.]
142 COLONIAL PAPERS.
1703.
Jan. 19. 211. Minutes of Council of Jamaica. 100Z. paid to the Com-
missioners for providing for the distressed inhabitants of Port
Royal. Upon the petition of the inhabitants of North side the
Governor proposed to draw the two Companies out of St. Thomas
in the Vale and send one to St. Ann's and the other to St. Mary's,
which the Council approved of.
Jan. 20. Ordered that the embargo be taken off 10 days hence, except
boats about the Island and Turtlers, who are to have present
leave to go about their occasions.
Ordered that the Commissioners for taking care of the poor
people at Port Royal allow 7 Ib. of flower and 5s. in money to
every person above five years of age per week and half for those
under that age.
Jan. 21. Ordered that what remains due to Col. Beckford for salary as
Governor be paid. [C.O. 140, 6. pp. 118, 119.]
Jan. 19. 212. Minutes of Council in Assembly of Jamaica. Capt.
Hudson and Dr. Axtell were sworn Members of Assembly.
The Governor and Council acquainted the House, in response
to their message of Jan. 16, that there is an Act for making
Kingston a parish, which appoints the offices to be kept there, as
well as at Port Royal, but if the House thinks to propose any other
place, the Governor and Council are ready to hear their proposal.
Joint Committee appointed to consider that matter.
Jan. 20, At the above Conference, Col. Lawes declared his opinion that
the short of the matter was, whether Port Royal should be
resettled or another place settled in the Island, to which several
of both Committees concurred. Col. Beckford urged that the
safety of the Island consisted in the number of people, and the
constraining them to any other place without an equivalent or
something to settle withall would occasion their deserting.
Col. Lilly, being sent for, gave his opinion that he did not look
upon the fortification on Port Royal to be any fortification to
the Island, for that there is a channel to Leeward that the ships
may go into the harbour and not come within a mile of the Fort.
Upon debate, the question put, whether 'tis absolutely necessary
for the service, security and preservation of this H.M. Island
that a Town for conveniency of Trade should be settled on the
main Island or not ; all the Gentlemen of both Committees,
except one of the Council and one of the Assembly, declared their
opinion that the people late of Port Royal should be settled on
the main. The Question was put, whether the people of Port
Royal that had land, should have a recompence for it : it was
agreed unanimously in the affirmative.
The Governor proposed to the Board that in regard of the
misfortunes and hurry, Col. Knight, Col. Sadler and Mr. Chaplin
lie under, occasioned by their losses in the late fire, it was reason-
able they should have some time allowed them from their attend-
ance on this Board to take care of their affairs. Whereupon it
was the unanimous opinion that they should have leave for a
fortnight. Joint Committee appointed to consider what place
would be fittest to be settled,
AMERICA AND WEST INDIES. 143
1703.
Jan. 21. Petitions of Richard Thompson, Tho. Hudson, Pe. Beckford,
and Lewis Galdy, praying to be relieved for customs on wine
and cocoa lost in the late fire, recommended to the Assembly.
On the petition of Lewis Galdy for liberty to send up to Curaso
for sales for his ship, the Council advised that it was contrary
to the Acts of Navigation and Trade, and consequently the
Governor's oath.
The majority of the Joint Committee were of opinion that
Kingston was the fittest place to be made the seat of Trade and
settlement of the people. It was resolved that the old harbour
be viewed by Col. Lilly, Mr. Brabant, or such other persons as
shall be thought fit.
Capt. Edlyne and Col. Lawes proposed that, since it had been
concluded that the settlement of the people should be upon
the main, that a short Act should be made immediately to abrogate
those Laws which oblige the keeping of the offices at Port Royal.
Carried in the affirmative.
The House concurred with the resolves of the Committee, as
above, and desired that their resolution might be published.
\C.O. 140, 6. pp. 423-428.]
Jan. 19. 213. Minutes of Council in Assembly of New Hampshire.
Portsmouth. Vote sent up that a Committee be chosen in each town to take
the estate of each town for proportioning the rates etc.
Bills for a tax of 500Z., and for continuing the excise etc. sent
up, read three times, passed and received H.E.'s consent. [C.O.
5, 789. p. 131.]
Jan. 19. 214. Minutes of Council of Virginia. H.E. read Capt.
Moodie's answer to the Order of Council, Jan. 15, wherein he
raises some scruples against it and refers to his Lieutenant,
Robert Mastertown, for what he has further to say, who, being
interrogated, said that Capt. Moodie desired that H.E. would write
to H.M. and H.R.H. the Lord High Admiral, that he may be
safe for obeying the orders of H.E. for staying and convoying
the ships. H.E. by advice of the Council replied that as to
writing to H.M., he never did presume to do any such thing,
but that a copy of proceedings of Council should be sent
to H.M. principal Secretary of State, and that H.E. will, as he
always doth, send a copy of all matters relating to Capt. Moodie
to the Secretary of the Admiralty.
H.E. laid before the Council another letter from Capt. Moodie
Jan. 18, wherein he takes notice that H.E. hath communicated all
his letters to the Council, and for what end is best known to H.E. ;
that he hath sent his purser for more credit, in case he should
stay ; and that he hath reed, an Order to his Lieutenant releasing
one Merriweather, said to be an inhabitant of King William
County, whereas he is one of those that run away from the
Nicholson. Whereupon H.E. declared that he was obliged so
to communicate Capt. Moodie's letters, that the Council might
judge what was necessary to be done ; and that he will furnish
the necessary credit upon his writing to him as formerly ; as to
144 COLONIAL PAPERS.
1703.
Merriweather, if Capt. Hoodie's is satisfied that he is a runaway,
he is hereby authorized to detain him. The Lieutenant and
Purser declared themselves satisfied with these answers.
Ordered that in case Capt. Moodie doth not stay, the ships
make up in York River to sail March 4th. [C.O. 5, 1409. pp. 278,
279 ; and 5, 1412. pp. 32-34.]
Jan. 20. 215. Council of Trade and Plantations to the Queen. In
Whitehall, obedience to your Majesty's Order in Council, Dec. 31st, upon the
petition of Sir John Colleton, complaining of an obstruction of
Justice in your Majesty's Island of Barbadoes in a particular
case wherein he is concerned, we humbly lay before your Majesty
the draught of an Instruction to Governor Sir Seville Granville.
Signed, Weymouth, Dartmouth, Rob. Cecill, Ph. Meadows,
Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. Annexed,
215. i. Draught of Additional Instruction to Governor Sir
Seville Granville. Whereas it has been represented to
us by Sir John Colleton, Bart., son of Sir Peter Colleton,
deed., that Catherine, the wife of Robert Richardson
and William Thornburgh, Executors of Sir Peter, did
in 1697, apply themselves to the Commissioners for
Trade and Plantations, and afterwards to the then
Lords Justices of England, setting forth that they, the
said executors, having brought their action against
Col. James Colleton and Peter Colleton of Barbados
for several lands and negroes devised to them, the said
Executors, by the said Sir Peter Colleton in trust for
Sir John during his minority, but could obtain no redress
therein by reason that Col. James Colleton had prevailed
with the President and Council of that Island to make
him Judge of the Precinct where the cause was to be
tried and did thereby obstruct their proceedings in a
regular course of Law ; whereupon the said Commis-
sioners having first writ to the President and Council that
they should take effectual care that the course of Justice
might not be obstructed, but without obtaining the
necessary redress in the present case, and the said Lords
Justices having afterwards directed by Order in Council,
Sept. 26, 1699. that some other impartial and disinterested
person should be appointed for the hearing and deter-
mining the matters there in controversy between the
Executors of Sir Peter Colleton and Col. James Colleton,
or that such other way should be taken as might be
effectual to remove all delay or obstruction of justice
in the said case, which directions were accordingly sent
to the Governor that he might take due care therein ;
but the same have also been ineffectual. And whereas
Sir John Colleton has also represented to us that having
some time since attained the age of 21, and being then
appointed sole executor of his father's will, had duly
proved the same and taken upon himself the execution
thereof, and that he having afterwards brought his action
AMERICA AND WEST INDIES. H5
1703.
against the said James and Peter Colleton for the lands
and negroes devised to him by the will of his said Father,
they, the said James Colleton, who is still continued a
Judge of the said precinct, and the said Peter Colleton,
did by their plea of April 15, 1701, insist that the said
Sir John Colleton's writ and action against them ought
to abate, for that the said James Colleton was by the
said writ summoned to appear before himself, and he
the said James Colleton gave judgment accordingly.
By which unjust delays and proceedings James and
Peter Colleton have ever since the death of Sir Peter,
March 24, 1693, detained from Sir John the whole
rents and profits of his Plantation to the value of 1,000?.
per annum and upwards. And whereas it is wholly
unreasonable that any person should either be Judge in
his own case, or by being Judge in a precinct where
matters in controversy between him and others do ly,
be thereby enabled to obstruct the regular course of
Justice, our will and pleasure is that the foresaid Order
in Council of Sept. 26, 1699, be renewed in behalf of
Sir John Colleton, and we do accordingly hereby direct
and require you, the said Sir Bevill Granville to appoint
some other impartial and disinterested person for the
hearing and determining the matters in controversy
between the aforesaid, and that you take especial care
to give such other directions therein as may be effectual
to remove all delay or obstruction of Justice in the
said case. [C.O. 29, 8. pp. 273-278.]
Jan. 21. 216. Order of Queen in Council. Approving above, and
St. James's, ordering draught of Instruction to be prepared for H.M. signature
and sent to Sir B. Granville accordingly. Signed, John Povey.
Endorsed, Reed. Read Jan 26, 170. p. [C.O. 28, 6. No. 92 ;
and 29, 8. p. 283.]
Jan. 20. 217. Minutes of Council in Assembly of New Hampshire.
Portsmouth. Upon hearing the petition of Joseph Palmer for a rehearing
of a cause tried before the L.-G. and Council in May last,
between petitioner and John Redman, it appearing to this
Board that that trial was had since H.E. the Governor was sworn
before H.M. and Council, and the execution for the charge there-
upon served since the Governor's arrival in this Province, a
rehearing is granted to Palmer, he first discharging or securing to
Redman satisfaction for the charges he now lies in prison for.
Mr. Ellott was excused the duty of 50s. due in exporting of
boards out of this River, bona fide put on board before the Act
of Impost.
Petition of John Partridge relating to money he laid out for
subsistence and support of wounded souldiers was sent to the
House of Representatives, who desired that it be laid before the
next General Assembly of the Massachusetts Bay.
H.E. prorogued the Assembly till March llth. [C.O. 5, 789.
pp. 327, 328.]
C 10
146 COLONIAL PAPERS.
1703.
Jan. 21. 218. Council of Trade and Plantations to the Queen. In
Whitehall, obedience to your Majesty's Order in Council, Nov. 11, relating
to the despatch of your Majesty's Royal approbation of Andrew
Hamilton to be Deputy or Lt. Governor of Pennsylvania and
annexed territories for one year only, we have required from
William Penn the several previous conditions therein exprest,
and having lately received from him a certificate of security
[see Jan. 19], as likewise a declaration in Mr. Penn's hand that
your Majesty's Royal approbation and allowance of the said
Hamilton shall not be construed in any manner to diminish or
set aside your Majesty's claim of right to the Three Lower Counties
upon Delaware River ; and also his answer to the four Queries
some time since delivered to him, in order to the better settlement
of that Province, we humbly represent that, in pursuance of the
said queries and answer, we have under our present consideration
the ascertaining of one currant rate or value of coin in your
Majesty's Plantations on the Continent of America, and are
further examining the pretentions and claim of Mr. Penn to the
power of Government in the Three Lower Counties ; and hi the
meantime do humbly conceive it absolutely necessary for your
Majesty's service in those parts, and agreeable to the Charter
granted to Mr. Penn, that in farther pursuance of the queries
and answer aforesaid, all persons in Judicial or any other offices
in Pennsylvania and the said Lower Counties be obliged before
their entering upon any such offices, to take the oath directed
by the Law of England, or the affirmation allowed by the said
Law to Quakers, and that no Judge be allowed to sit upon the
Bench, who shall not first take the oath of a Judge, or in lieu
thereof the aforesaid affirmation, as directed by the Law of
England ; as likewise that all persons who in England are obliged
and are willing to take an oath in any public or judicial proceeding,
be admitted so to do by the proper officers and judges in Pennsyl-
vania and the said Counties ; and in default thereof, or hi case
the said Judges do refuse to administer the same, that their
proceedings be declared voyd and null. And we farther humbly
offer that your Majesty's pleasure herein may be signified to
Mr. Penn and to the several Judges of your Majesty's Courts within
those territories. We also humbly propose that, considering the
uncertainty of the voyage to Pennsylvania, your Majesty would
be pleased to direct that your Royal approbation of Hamilton be
extended to May 1st, 1704. Signed, Weymouth, Dartmouth,
Rob. Cecill, Ph. Meadows, Wm. Blathwayt, John Pollexfen,
Mat Prior. \C.O. 5, 1290. pp. 285-288.]
Jan. 21. 219. Order of Queen in Council. Approving above Re pre sen -
St. James's, tation, and ordering that all persons in juditial or any other
office or offices in Pennsylvania and the Lower Counties, before
their entering upon any such office, do take the oath directed by
the Law of England, or the affirmation allowed by the said Law
to Quakers, and that no Judge be allowed to sit upon the Bench,
who shall not first take the oath of a Judge, or in lieu thereof the
aforesaid affirmation as directed by the Law of England, as also
AMERICA AND WEST INDIES. 147
1703.
that all persons who in England are obliged and are willing to
take an oath in any public or judicial proceeding, be admitted
so to do by the proper officers and judges in Pennsylvania and
the Lower Counties, in default of which, or in case the Judges
shall refuse to administer the said oath or attestation, H.M. is
pleased to declare their proceedings, and they are hereby accord-
ingly declared to be null and void, and William Penn and the
Judges of H. M. Courts there, and all others whom it may concern
are to take notice hereof and govern themselves accordingly.
Signed, John Povey. Endorsed, Reed. 23rd, Read Feb. 25, 170|.
4 pp. [C.O. 5, 1262. No. 20 ; and 5, 1290. pp. 301-305.]
Jan. 21. 220. Order of Queen in Council. Upon the Representation
St. James'a. o f the Council of Trade, Ordered that H.M. approbation of Andrew
Hamilton be extended to May 1st, 1704, and no longer. Signed,
John Povey. Endorsed, Reed. 23rd, Read Feb. 25, 170|. 1 p.
[C.O. 5, 1262. No. 19 ; and 5, 1290. pp. 299, 300.]
Jan. 21. 221. Order of Queen in Council. Duplicate of the two
St. James's. Orders preceding. [Cf. Penn's letter of Jan. 25.] Endorsed,
Reed. Read Jan. 28, 170f . 2J pp. [C.O. 5, 1262. No. 21 ;
and 5, 1290. pp. 291-293.]
Jan. 21. 222. Order of Queen in Council. Ordering that William
St. James's. Attwood, Thomas Weaver, Abraham Depeyster, Samuel Staats
and Robert Walters, having been this day heard with their
Council learned at the Board, be removed from their places in the
Council of New York, and that the five other persons recommended
by the Lord Corn bury be admitted. H.M. approves of draught of
Instructions for Lord Cornbury (see Dec. 31, 1702), and orders
the same to be prepared for H.M. signature. Signed, John Povey.
Endorsed, Reed. Read April 5, 1703. 1 p. [C.O. 5, 1084. No.
19 ; and 5, 1119. pp. 451, 452.]
Jan. 21. 223. Duplicate of preceding. Endorsed, Reed. Read Jan 25,
170. [C.O. 5, 1084. No. 20; and 5, 1119. pp. 346, 347.]
Jan. 21. 224. Order of Queen in Council. Whereas H.M. did this
St. Jamos's. day hear Council learned in the Law on behalf of Col. Nicholas
Bayard and Alderman John Hutchins, inhabitants of the Province
of New York, touching accusations and prosecutions for treason
and misdemeanour objected against them, respectively, in the
said Province, upon which they have been indicted and convicted,
and had sentence of death and forfeiture and other pains and
penalties past upon them, as in cases of High Treason and
misdemeanours, for offences pretended to be committed against an
Act of Assembly made in the 3rd year of the late King William
of Blessed Memory ; and William Atwood, Esq., who sat as Chief
Judge at the said tryall and gave Sentence therein, as likewise
Tho. Weaver, who prosecuted the said persons as Solicitor
General, having been also heard by themselves and learned Council
at the Board ; H.M. having considered the said matter, and
being sensible of the undue and illegal prosecutions against the
148 COLONIAL PAPERS.
1703.
said Bayard and Hutchins, was graciously pleased with the advice
of the Privy CounciJ to order, as it is hereby ordered, that Governor
Lord Cornbury do direct H.M. Attorney General to consent to
the reversing the sentence and sentences given against Col. Bayard
and Alderman Hutchins, and all issues and proceedings thereupon,
and to do whatsoever else may be requisite in the Law for reinstat-
ing the said Bayard and Hutchins in their honour and property,
as if no such prosecution or trial had been. Signed, John Povej*.
Endorsed, Reed. Read Jan. 25, 170f . 1 p. [C.O. 5, 1084. No.
18 ; and 5, 1119. pp. 345, 346.]
[Jan. 21.] 225. Major Wm. Vaughan, Agent for New Hampshire, to
the Council of Trade and Plantations. The General Assembly,
having represented to Col. Dudley that the dimensions sett by
his late Majesty for masts at 24 inches would be a very great
prejudice to them by taking away from them most of their
timber, which is fit only for deals and planks, and desiring the
dimensions may be altered to 32 inches, the Agent begs your
Lordships' intercession with H.M. in that matter.
The said Province by reason of the present war lies very much
exposed to their enemies, and forasmuch as H.E. Col. Dudley
hath given your Lordships an account that Fort William and Mary,
which is the only fortification in the Province, is insufficient, and
the carriages and platforms unserviceable, and that the country
by reason of their poverty are not able to repair them, and for
want of stores are not in a condition to make any defence, the
Agent desires that for the preservation and security of that and
the neighbouring provinces your Lordships would make such
Representation thereof that they may obtain from H.M. such
speedy supplies of powder and other stores as may enable them
to defend themselves against any insult that may be made upon
them by their enemies, there being now a convenient opportunity of
shipping for New Hampshire, with whom he designs to embark.
He further represents that such of the inhabitants of Kittery
in Maine as lie below Spruce Creek on the other side of Piscataqua
River may be obliged to contribute their assistance of men
towards the defence of Fort William and Mary and the country
about it (as it had been formerly ordered in the first Government
of the Massachusetts), in regard that the said inhabitants enjoy
the benefit and advantage of the protection of the said Fort, as
well as those of New Hampshire, being opposite to the Island on
which the Fort stands, and are nearer thereto than those of New
Hampshire.
He is informed that some persons have applied for a Charter
under pretence of furnishing H.M. with Naval Stores. Such a
Charter would tend to the utter ruin and undoing of the inhabitants
of that and the neighbouring Provinces ; he therefore hopes
your Lordships will not suffer the country to be surprised in a
matter of such great concern to them, nor permit any farther
proceedings to be had towards such a charter, till he can inform
the Province thereof, and they send their objections. He entreats
the Board to intercede with the Queen as to the Governor's
AMERICA AND WEST INDIES. 149
1703.
present of 2501. Prays that the Board give directions relating
to the Laws of the Province lately transmitted. Signed, Wm.
Vaughan. Endorsed, Reed. Read Jan. 21, 170. 2 pp. [C.O.
5, 862. No. 147 ; and 5, 910. pp. 367-371.]
Jan. 21. 226. Journal of Council of Trade and Plantations. Upon
Whitehall, the motion of the Lord Bishop of London, the Board took into
consideration the Act passed in the Assembly of New York,
Oct. 26, 1700, intituled an Act for declaring the Town of East
Chester a distinct parish from West Chester etc., and gave direc-
tions for preparing a Representation to be laid before her Majesty
for the repealing thereof .
Representation upon H.M. Order in Council, Nov. 11, relating
to her royal approbation of Col. Hamilton etc., signed.
Memorial from Mr. William Vaughan, Agent for New Hamp-
shire, read, and ordered to be taken into consideration together
with what Col. Dudley has writ upon any of those subjects.
Letter from Col. Beckford, Lt.-Gov. of Jamaica, Sept. 22,
read, and six Acts of Jamaica therewith transmitted laid before
the Board. Ordered that the former letters received from Col.
Beckford, which have not yet been answered, be laid before the
Board for their Lordships' directions in order to an answer.
Jan. 22. Their Lordships gave directions for preparing draughts of
letters to the Lord Cornbury and Col. Dudley. [C.O. 391, 15. pp.
382-384 ; and 391, 97. pp. 57-61.]
Jan. 21. 227. Journal of Assembly of Barbados. [See Minutes of
Council in Assembly under date Jan. 19<A.]
Resolved that the souldiers be billeted for a month longer,
and that it be enacted that the vestries of the parishes have the
view of the souldiers to be billeted, and that there may be a due
proportion as to the manner of billeting, and the inhabitants
be equally burthened. Resolved that this House address for
regular troops to be sent hither from England.
Samuel Cox's petition referred to a committee.
Bills for continuing the billeting of the Queen's soldiers read.
Bill for raising a levy to discharge the public debts read a third
time.
Put to the vote whether the brigantine Lark shall be sold or
fitted out for the service of this Island. Carried in the negative
[sic].
Ordered that William Grant take care of her, and perform
and direct whatsoever shall be necessary therein.
Committee appointed to examine several money petitions.
[C.O. 31, 7. pp. 32-35.]
Jan. 22. 228. Minutes of Council in Assembly of Jamaica. Bill to
prevent the resettling of Port Royal, sent up, was read and
ordered to be laid upon the table for a full Council. Ordered that
the Clerk write to the absent Members to be here to-morrow
morning by 7 of the clock.
150 COLONIAL PAPERS.
1703.
Jan. 23. The above Bill was read the first time, passed and committed.
Ordered that, persuant to the Resolutions of the Governor,
Council and Assembly for establishing of Kingston as the best
place for the seat of trade and preservation of H.M. subjects
sufferers by the late dreadful fire on Port Royal, one out of every
twenty negroes or slaves in the parish of St. Andrews be imme-
diately sent down to Kingston to build huts for them, and that
the poor people be subsisted there with provisions by the
Commissioners, and 'tis ordered that the Justices of St.
Andrews take care the same be effectually done, and also that
such cattle and carriages as shall be adjudged necessary be
impressed for carrying materials for that purpose. [C.O. 140, 6.
pp. 428-430.]
Jan. 22. 229. Minutes of Council of New Hampshire. Upon petition
Portsmouth, of the Owner or claimer of the sloop Successe, now under seizure,
Robert Mitchell, Master, to have said apprized etc., ordered
accordingly, and that the owners may have her, they first deposit-
ing the value of the apprizement in money into the Deputy
Collector's hands. [C.O. 5, 789. p. 134.]
Jan. 23. 230. Governor Codrington to [? the Earl of Nottingham],
St. Your Lordship will be surprized, I believe, when I inform your
Christophers. Lords jup 'twas the 20th at night before I heard of any ships
or forces arrived in the Indies, two fregates and some transport
ships are come down as low as this Island, and I have a letter
from Commodore Walker that he is following, wch. gives me
a great disturbance, for 'twill be very difficult and perhaps
impossible to make the fowl heavy merchantships, who have
soldiers and provisions on board, turn up to Windward again.
Had the Commadore given me notice from Barbados, I wo'd
have order'd him to fall no lower till I had harassed the Leeward
side of Guardeloupe with my Creoles in light sloops and
brigantines, and then falling on their town and fort with H.M.
forces, I should have gained and destroyed the whole Island
before I can now get to it and then have been able to attempt
something else. My Lord I shall do myself the honour to write
to your Lordship again more fully in four or five days from
Antigua. There shall not be a moment lost in H.M. service, and
as soon as I have closed this, and dispatched away the home-
ward-bound ships, I shall send away my orders to the several
Islands. Signed, Chr. Codrington. Endorsed, R. March 15,
170f. 2 pp. [G.O. 239, 1. No. 4.]
Jan. 23. 231. Duplicate of above. [C.O. 239, 1. No. 4.i.]
Jan. 23. 232. Governor Codrington to William Popple. I have
St. received the favour of your letter, for which I give you my very
stophers. hearty thanks. I shall be always glad of the friendship of so
good a man. I have also received the honour of a letter from
the Lords, and a much kinder than I had a right to expect. I
fear I have sometimes exprest myself with too much warmth
AMERICA AND WEST INDIES. 151
1703.
and too little respect, which I hope their Lordships will not only
pardon, but forget. It was not reasonable their Lordships
should share in the effects of my ill humour, but if 'twere possible
their Lordships could be thoroughly sensible of the barbarous
usage I have met with, they would rather pity than be angry
with me. The least part on't is that two or three monsters who
owed not only their bread but very good fortunes to my father's
bounty, conspired to cheat me of 7 or 8,000. at least, and then
occasioned the complaints against me. I should have before
now given the world a full and particular answer to every article
against me, but I was still in hopes of a furlow, and intended
to do it at my arrival in England. My reputation still requires
it, and when I am at leisure after this summer's business is over,
I shall probably trouble my friends with a more particular account
than they have yet had, and then 'tis likely Mr. Freeman will
be angry in his turn. Sir, the Lords mentioned some alterations
in the Councils to me. I have added two in Antigua, of which
I gave the Lords an account,- but I find that that letter
with a great many others of mine are missing and I have
removed Mr. Clayton into the Council of St. Kitts, where he
lives. Into whose place at Mountserrat, I have put Major Dawly
very lately. I shall name some to your Lordships in my next
tho' I had rather any one else were to do it, for a reason I won't
give, because it would appear very ill-natured. I have not
heard anything concerning our good friend Mr. Lock. I hope
he is employing his time for the good of mankind and posterity ;
the subject he has sometimes talkt of to me, the Conduct of
humane Reason, can only be treated by himself or Father Male-
branche, as it ought to be. I beg you'l please to give him my
most humble service. I have had two hundred letters to answer
within these two days, and therefore do not write to the Lords,
because I am in too great a hurry to write so calmly and par-
ticularly as I should. I embark to-morrow for Windward, and
hope by the first ships to give you a good account of myself,
tho' the falling down of the heavy transport ships so low as
this Island will cause some delay and some difficulties, which
needed not have been. Signed, Chr. Codrington. Endorsed,
Reed. Read March 15, 170f. Holograph. 3 pp. [C.O. 152, 5.
No. 16 ; and 153, 8. pp. 140-143.]
Jan. 25. 233. Journal of Council of Trade and Plantations. Draughts
Whitehall, of letters to Governor Lord Cornbury, Governor Dudley, Governor
Nicholson, the President and Council of Maryland, and Governor
Codrington were agreed, and ordered to be transcribed.
Order of Council of Jan. 21, concerning Col. Bayard and Alder-
man Hutchins, read.
Order of Council, Jan. 21, approving Representation of Jan. 3,
read.
Order of Council, Jan. 14, approving Representation of Jan. 13,
read.
Order of Council, Jan. 21, approving Representation of Jan. 20,
read. I
152. COLONIAL PAPERS.
1703.
Order of Council. .Ian. 18, upon Representation of same date,
read.
Jan. 26. Col. Blakiston and Col. Seymour attending the Board in
relation to the affairs of Maryland, Col. Blakiston acquainted
their Lordships that being informed the Lord Baltimore was
making some steps for procuring the Repeal of a Law of that
Province for ascertaining the bounds of lands, he thought it
proper to acquaint the Board that in his opinion the Repeal of
that Law would be very prejudicial to the Province. Whereupon
the Lord Baltimore's Memorial of Jan. 11, as likewise the Minutes
of Nov. 19, 1700, relating to that Law, were read. Whereupon
ordered that the Lord Baltimore have notice to attend the Board
on Monday next and Col. Blakiston and Col. Seymour were
desired to attend at the same time.
Mr. Wharton, the Solicitor, desiring to know their Lordships'
resolutions upon the proposal for importing Naval Stores from
New England, a copy was given him of the Article in the Minutes
of Jan. 20, which relates to that matter, as likewise of the amend-
ments prepared in pursuance thereof, to be made in the draught
of a Charter for that undertaking.
Mr. Wharton further desiring a copy of the complaints that lye
before this Board against Rhode Island, but not producing any
authority enabling him to submit the determination of those
matters to H.M., he was ordered to do it, and promised to lay
a memorial before their Lordships upon that subject. He also
desired their Lordships to report upon his articles against Mr.
Partridge, and that Mr. Bridger may be summoned to attend,
in order to the Board's determining thereupon. Their Lordships
were pleased to appoint Monday next for the hearing of that
matter, and delivered to him a summons for Mr. Bridger to attend
at that time ; also ordered that a copy of the said complaint be
sent to Mr. Vaughan, that he may attend likewise in order to
offer what he may have to say in behalf of Partridge.
Letter from Lt.-Gov. Bennet, Aug. 4, 1702, read. Secretary
ordered to acknowledge the receipt thereof.
Letter from the President and Council of Barbadoes read,
[date of the letter not given. It was written Nov. 10, 1702]
and enclosures laid before the board. Ordered that the letter
be prepared wherein to enclose a paragraph of the foresaid letter
to the Earl of Nottingham that the same may be laid before
H.M.
An Additional Instruction signed by H.M., Jan. 7, to the
Governor of Virginia, and another of the same tenour to the
President and Council of Maryland, were laid before the Board.
Draught of a Representation for repealing an Act of New York
[see Journal, Jan. 28], agreed upon.
Letters to Gov. Codrington and the President and Council
of Barbadoes signed, and ordered to be recommended to the
Post Master General, that they may be sent forward by one of
Mr. Dummer's packet-boats supposed to be now at Falmouth.
Order of Council, Jan. 7 [q.v.], upon the petition of Robert Lee,
read.
AMERICA AND WEST INDIES. 163
1703.
Two letters to Governor Lord Cornbury, and two to Governor
Dudley, one to Governor Nicholson and one to the President and
Council of Maryland, signed.
Jan. 27. Representation upon an Act of New York (see Jan. 25), signed.
Their Lordships being informed that Mr. Thrale is appointed
Agent for Virginia, ordered that he be desired to sollicit the
Board of Ordnance that the arms now ready to be sent to Virginia,
be dispatched by the first ships.
Letter from Mr. Penn, Jan. 25, relating to the Order of Council
for the approbation of Col. Hamilton, read. Mr. Penn was ac-
quainted that the Board have not yet received the said order,
and without it could not regularly enter into the consideration
of that matter.
Extract of a letter from Newfoundland, Nov. 25, was communi-
cated to the BoardbyMr.Blathwayt, and ordered to be taken into
consideration with the rest of the business of Newfoundland.
Letter to the Earl of Nottingham, signed.
Letter from Col. Quary, Dec. 7, with enclosures, read. Direc-
tions given for preparing several queries to be sent to Mr. Penn
for his answer. [C.O. 391, 15. pp. 385-395 ; and 391, 97.
pp. 65-79.]
Jan. 25. 234. William Penn to the Council of Trade and Plantations.
I am much surpriz'd to finde Directions or Instructions not only
involved with the approbation [see Jan. 21], but made by fair
the greatest part of the Order of Council, and the Approbation
but five or six lines at the ends of 3 sides of a sheet of paper
closely writt. I humbly beg of you the Approbation may be
by itself e ; and that the rest of the Order may be an Instruction,
not an Order, for the law of the Country cannot be augmented any
more than diminished without a law, and sent to Col. Hamilton
to be past into a Law ; or I am sure it cannot answer the end,
for the Law here is none there, being Locall, till made so by the
Assembly of the Country. This I offer as my poor opinion,
and beg it too as a favour, for the Queen's service will not be
answeared by it, the most capable and wealthy of our Magistracy
will be disobliged, who have but their labour for their pains.
Let me once more begg your tenderness herein and to believe I am,
Signed, Your respectfull friend, Wm. Penn. Endorsed, Reed.
Read Jan. 27, 170f. Holograph. 2 pp. [C.O. 5, 1262. No.
22 ; and 5, 1290. pp. 289, 290.]
Jan. 25. 235. Minutes of Council of New Hampshire. Ordered that
Theodore Attkinson pay to the Secretary 30J. within 20 days
out of the Act of Impost and Tunnage money he hath received
by virtue of that Act, being in part of Salary due to him.
Wm. Partridge was paid 58J. 14s. for entertaining H.E. and
several gentlemen in January for three weeks or upwards. [C.O.
5, 789. p. 135.]
Jan. 26. 236. Council of Trade and Plantations to the President and
Whitehall. Council of Barbados. Since our Secretary's letter of Nov. 13,
154 COLONIAL PAPERS.
1703.
we have received yours of Nov. 10. We are laying before H.M.
what you write concerning the expense the Island has been at
in fitting out vessels for the security of Trade, and your desire
of some ships from hence for that service. Sir Bevill GranviJle,
appointed H.M. Governor of Barbados, is gon to Portsmouth in
order to embark, so that we have only at present to recommend
to your care the general safety of the Island, referring you to
him for H.M. particular pleasure and directions. P.S. Your
care is desired in sending forwards the inclosed to Bermuda by
the first convenient opportunity. Signed, Robt. Cecill, Ph.
Meadows, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. [C.O.
29, 8. p. 284.]
Jan. 26. 237. Mr. Larkin to the Council of Trade and Plantations.
From the Since I was hurl'd betwixt these disconsolate walls, I am bold
Bermuda as ^ as ^ can stea l an opportunity to give your Lops, the trouble
of a letter to intimate my hard condition, and the barbarous
usage I have met with since my coming into Mr. Bennett's govern-
ment. Upon a Representation under the hands of the late
Governor and Judge of the Admiralty, I caused a matter concern-
ing one Tew to be enquired into, and it appearing upon oath
that Thomas Hall, Richard Gilbert, John Dickeson and William
Outerbridge, of these Islands, were part owners of the sloop in
which Tew went a roving and received 4,OOOZ. as their dividends,
I desired the Governor and two of the Commissioners then present
that they might stand committed until they gave security to
answer it when and where H.M. should declare her pleasure.
I have acted therein with all the caution and care I possibly
could for the interest and service of the Crown, and deterring
others from the like practices for the future, and I humbly hope
I shall find your Lordships' countenance. I was threatened and
challenged by several upon this occasion, and therefore craved
the Governor's protection, and in less then a week he did it
himself, tho' he knows I cannot give him the satisfaction of a
gentleman by reason he is Governor, and I have great reason to
believe he has put others upon it, and a Mustee, one of H.M.
slaves, to swear against me in hopes to take away my life, and
it was never known that a slave's oath was admitted here against
a freeman before in civil or criminal matters ; and because I
granted a warrant for taking up the persons above mentioned,
Mr. Anthony White, one of the Council, father-in-law to Dickeson,
who stands bound by recognizances in the Vice -Admiralty Court
here as an accomplice of Tew's, Charles Walker, his brother, with
three or four more of the Council, whom White and Walker
have an influence over, have prevailed with the Government
to join with them in granting a warrant against me upon pretence
of an indignity offered to the Duplicate of the Comon. for
Jamaica on Oct. 2, being the night the Government imprisoned
me, and on the 4th inst. the Marshall with a file of musqueteers
seiz'd upon me and carried me prisoner to this forlorne place,
where I am to remain in close restraint until H.M. pleasure be
known ; however, that the service upon which I am sent may not
AMERICA AND WEST INDIES. 155
1703.
be frustrated or retarded, I have offered the Governor to give
four substantial Gentlemen security for my surrendering myself
to the Secretary of State upon my arrival in England to answer
what they have to object against me, or go home a prisoner in any
vessel he pleased, but that will not be granted, presuming that
H.M. will give direction for my being tried here, wch. if H.M.
should be inclined to, I cannot expect any manner of Justice.
I have offer'd, my Lords, to give security not to stir off these
Islands, but be a true prisoner in any house where the Governor
shall think fit to place me under what centinells he pleases, that
I'll not write to any person (which is a thing he very much dreads),
neither shall any person write for me to England until H.M.
pleasure shall be known, provided I can have but necessaries,
but this is not sufficient. I was extream ill on the 19th, and
procured a writ of Habeas Corpus according to an Act of Assembly
here in hopes to be admitted to bayl, but he that officiated as
Clerk to the Justices, and came into the Islands a fidler in a
Pyrates' ship, advised and persuaded the Justices to the contrary,
The reason they gave was, because I was committed till H.M.
pleasure was known. Here's vice versa by way of prevention
with a witness to it. The Doctor would have made oath before the
Governor that I was not in a condition to be sent by water without
endangering my life, yet he would not suffer me to stay in town,
but remanded me back to the Castle, which is a place not fitting
for any person to be confined in, there being but one room, and
the waves of the sea beat over the plattform into it in stormy
weather. The proceedings here against me differ in few circum-
stances from the Inquisition till they come to the Rack The
Marshall is my Accuser. He has made an attestation against
me, and although I gave my attendance according to the Governor's
Order, and can prove that he forswore himself in every point,
yet I was not admitted to be present or so much as to be heard,
and the Justices of Peace have by order of the Governor deny'd
to take affidavits in my behalf. I have three of the countrey
and three souldiers placed upon me as a guard, and are strictly
commanded not to let me stir out of my room or off the plattform,
to pry into all my actions, deportment, words, yea, even my
very countenance, and whosoever can say anything against me
is encouraged and rewarded for it. I am not permitted to write
to your Lordships, Mr. Secretary Hodges, Mr. Blathwayt, or any
friend I have in England, or in these Islands, but by stealth,
neither is anyone permitted to write to me, or to come to visit
me. I prevailed with a Gentleman who was privy to all my
transactions since my coming hither to go to England on purpose
to lay before your Lordships the state of my case, but it no sooner
reached the Governor's ears, but he and his Council found a
means to imprison and bind him over to the Assizes, which is
not till Christmas. They endeavour to fling all the dirt they can
upon me, in hopes that some of it may stick, and think thereby
to extenuate their own crimes. ... I know your Lordships will
never pass sentence on me before you hear me. ... I have
now procured another which I hope in a little time will be ready
156
COLONIAL PAPERS.
1703.
to sail. He'll bring copies of my papers together with a petition
to H.M. and I humbly hope, as your Lordships were instrumental
in sending me abroad, you'll be the same in procuring me a speedy
release, [and] either to proceed upon the service or to return for
England to answer it there ; that the Governor may be ordered to
grant me his Commission to examine my witnesses directed
to such persons as I shall nominate, and what witnesses are
willing to come home on my behalf (being not indebted), that they
may not be retarded, and that the Secretary may give me
authentick copies of what papers I have occasion for. And if
I have an order I beg it may be sent by the first friggot bound
to the West Indies. It's but little out of her way to call in here,
or that two or three copies be made, one sent to the Governor
of the Leeward Islands, one to the Secretary of Barbados, a
third to Mr. Moor, Attorney General of Philadelphia, or Mr. Ling,
Merchant in New York, directed to me ; otherways I may lye
here till I rot for ought I know, before I am set at liberty, it
being the hard destiny of some, when they are once clapp'd up
to be so forgotten as if there were no such men in the world.
The sense of my condition is enough to make me melancholly, were
I not assurred of H.M. great justice, high judgment and my own
innocency. I have been here two and twenty days and never
had but two hot meals meat. I would desire no greater favour
but that the Governor and those that committed me might be
ordered to attend the Queen and Council with me. It might be
a means to prevent the like for the future. Quotes from letter
of Nov. 1th, 1702. Signed, Geo. Larkin. Endorsed, Reed. Read
August 3, 1703. Addressed. Sealed. Holograph. 3 pp.
Annexed,
237. i. Abstract of preceding. 1 p. [C.O. 37, 4. Nos. 18,
18.i. ; and (without abstract), 38, 5. pp. 419-427.]
Jan. 26. 238. Council of Trade and Plantations to Governor Dudley.
Whitehall. Enclosing memorial of Richard Wybird and Shadrach Walton
[see Dec. 23, 1702], together with an extract of a letter from
Mr. Partridge, Lt.-Gov. of N. Hampshire, which we desire you
to enquire into, and to take care that Justice be done. As for
the suspension of Mr. Jeffryes from being of H.M. Council, Mr.
Partridge has not therein duly observed H.M. Instructions, which
require that not only the charges against Councillors so suspended
be transmitted to us, but likewise the proofs of those charges,
and the parties' answers thereunto. We shall therefore expect
more full information from you concerning the whole matter of
these papers, with an account of your proceedings therein.
Signed, Robert Cecill, Ph. Meadows, Wm. Blathwayt, John
Pollexfen, Mat. Prior. [C.O. 5, 910. pp. 372, 373.]
Jan. 26. 239. Council of Trade and Plantations to Governor Dudley.
Whitehall. Since Nov. 13, we have received yours of Nov. 10. We enclose the
copy of our report to H.M. upon that part of your former letter
which relates to Rhode Island, and when any directions are
given in that matter, we shall acquaint you therewith. But as the
AMERICA AND WEST INDIES. 157
1703.
reducing of that and other Propriety Colonies under H.M.
immediate Government cannot be otherwise effected than by
the Legislative power of this Kingdom, the time is too far spent
to expect it from this present session of Parliament. We did
also represent to H.M. some time since our humble opinion that
you might have leave to receive the present of 250?. made you
by the Assembly of New Hampshire, which was approved by
H.M. We have transmitted what you write relating to the
provisions and men for Jamaica, and are preparing a full report
to H.M. of all the affairs of the Provinces under your Government,
and more particularly of their state of defence . In the meantime
you will continue to excite them to put themselves in a posture
of defence proper to secure them against whatever attacks may
be made upon them. We observe what you write concerning
a salary, and shall take the properest occasion to lay that matter
before H.M. Signed, Rob. Cecill, Ph. Meadows, Wm. Blathwayt,
John Pollexfen, Mat. Prior. [C.O. 5, 910. pp. 374, 375.]
Jan. 26. 240. Wm. Popple to Isaac Addington. Acknowledging letter
Whitehall, of Oct. 10, 1702. [C.O. 5, 910. p. 376.]
Jan. 26. 241 . Council of Trade and Plantations to Gov. Codrington.
Whitehall. Since our Secretary's letter of Nov. 13th, we have received yours
of Oct. 14th, relating to St. Christopher's, concerning which we
expect a further account from you from Antigua. We enclose
H.M. Order in Council, Dec. 17, repealing the Act of St.
Christopher's for settling and strengthening H.M. part of the Island.
And that you may the better understand the reasons of repealing
thereof, we send you our Representation of Dec. 10. Though
those reasons make it necessary to repeal the Act, yet we do
conceive that some clauses in it, if more cautiously drawn, might
be very fit to be re-enacted. For instance, upon the 5th head,
though it be unreasonable to make void Patents for lands
because of the non -improvement of such lands within three
years from the date of those Patents, when there was neither
any clause therein, nor any Law otherwise in force, to oblige
Patentees to do it, yet it may be very fit that an Act be made
to oblige them thereunto for the future ; but not with any
retrospect to the omissions before that time. And upon the
6th head, as we think it not fit that all patents granted to
Papists since the beginning of the late wars should be made
voyd, because of inconveniences that would thereby accrue to
Protestants, so we judge it reasonable (in case any act of that
kind be found necessary) that Papists should have some compe-
tent time allowed them for the selling of their estates before
they be made liable to such forfeiture. These things we offer
to your consideration .
And whereas you have desired us to move H.M. that she would
give you leave to come to England, we do understand that some
of your friends have undertaken to mention that matter to H.M.,
which is more proper for them ; hoping nevertheless that in
158
COLONIAL PAPERS.
1703.
Jan. 26.
Whitehall.
Jan. 26.
Whitehall.
Jan. 26.
Whitehall.
Jan. 26.
Whitehall.
this time of danger, you will not think of so suddain a departure
from those Islands, which stand in need of your care and presence.
Signed, Robt . Cecill , Ph . Meadows , Wm . Blathwayt , John Pollexfen,
Mat. Prior. [C.O. 153, 8. pp. 134-136.]
242. William Popple to Lt. Gov. Bennett. Acknowledges
letter of Aug. 4. [C.O. 38, 5. p. 332.]
243. William Popple to Wm. Vaughan. Enclosing Articles
of Complaint against Lt.-Gov. Partridge [Jan. 19]. The
Council of Trade and Plantations have appointed the person
exhibiting to attend on Munday next ; you may attend also
with what you may have to offer on Mr. Partridge's behalf.
[C.O. 5, 910. pp. 376, 377.]
244. Council of Trade and Plantations to Governor Nicholson.
Since our letters of Nov. 4 and 11, we have not received any from
you. The merchants trading to Virginia and Maryland not
agreeing, as you did foresee, about the time for the sailing of
the convoys, nor about the restraining or permitting ships to
return from thence without convoy, H.M. has been pleased to
give her directions according to the Instructions you will herewith
receive. The arms and stores formerly appointed for Virginia
are now ready ; tho' they are not in the same quantity as you
desired, yet they are as many as H.M. could conveniently spare ;
they will be sent to you by the first convoy, and we do not doubt
but you will make the best use of them for the defence of your
Government. Signed, Robt. Cecill, Ph. Meadows, Wm. Blath-
wayt, John Pollexfen, Mat. Prior. P.S. Your care is desired
in sending forwards the inclosed letters to Maryland, New York,
and the Massachusetts Bay, by the first convenient oppert unity.
P.S. March 25, 1703. We herewith send you two letters from
the Earl of Nottingham relating to the French and Spaniards,
upon occasion of the present war, not doubting of your care in
observing the directions thereby given you within H.M. Province
under your Government. [C.O. 5, 1360. pp. 363, 364.]
245. Council of Trade and Plantations to the President and
Council of Maryland. We have received by the hands of Col.
Blakiston the several Journals and Laws mentioned by Sir T.
Lawrence, July 10 last. H.M. has been pleased to give her
directions relating to convoys to Virginia and Maryland according
to Instructions enclosed. (Cf. preceding.) H.M. has been pleased
to appoint Col. John Seymour to be Governor of Maryland, and
his despatches are accordingly preparing, so that it will not be
long before he be ready to proceed on his voyage thither, and
bring with him such further directions as may be necessary in
relation to the affairs of that Province. We enclose H.M. Order
in Council, Jan. 18, for confirming the Act for the Establishment
of Religious Worship. Signed, Rob. Cecill, Ph. Meadows, Wm.
Blathwayt, Jno. Pollexfen, Mat. Prior. P.S. March 25. As
in preceding. [C.O. 5, 726. pp. 173-175.]
AMERICA AND WEST INDIES. 159
1703.
Jan. 26. 246. Extract of a Letter from Brigadier Collenbine [to
Portsmouth. H.R.H. the Lord High Admiral ?]. There's neither orders to
embark my Regiment or to sayle, and it would be a great security
to those ships bound to the West Indies to sayle with the Fleet
designed for Portugall and to part in that Lattitude. I find
not provisions made to enable me to perform what is expected
of me in this Expedition. I have no Gunners, not one Engineer,
no granades, or any utensils to break ground. I beg the time
of my stay with Col. Codrington may be limitted, that I may not
loose the opertunity to performe my part, f p. [C.O. 318, 3.
No. 10.]
Jan. 26. 247. Brigadier Colenbine to [? the Lord High Admiral].
Portsmouth. [? Letter from which the above is extracted.] " To lett you see how
willing I was to have any opertunity to serve H.M., I never
did complain Col. Codrington was to command me in the West
Indies, tho' I was Col. when he was a private Captain ; Judge
my inclination by that." Signed, V. Colenbine. Endorsed,
R. Jan. 27, 170|. 2 pp. [C.O. 318, 3. No. 11.]
Jan. 26. 248. Governor Sir Bevill Granville to [? the Earl of Notting-
Portsmouth. ham]. I left London according to your commands, but met here
with contrary winds which still continue. I have the mortifica-
tion not to find yet arrived the ship which has all my necessaryes
on board both for the voyage and my subsistence when arrived
at Barbados. She has bin long in the Downs, and has now a
Frigat with her that has orders to be her convoy hither, as it must
be the same wind to bring her which carries us away, and the
difference will not be above two dayes, I hope the delay of
so short a time will bring no prejudice to H.M. service, and we
may have leave to wait for her. Signed, Bevill Granville.
Endorsed, R. Jan. 28, 170. Holograph. 3 pp. [C.O. 28, 38.
No. 8.]
Jan. 26. 249. Council of Trade and Plantations to Governor Lord
Whitehall. Corn bury. We have received your Lordship's letters of June 16,
Sept. 24, four of Sept. 29, and one of Oct. 1. We are preparing
a Report to be laid before H.M. concerning the state of defence
of that Province and upon whatever else you write that may
require H.M. directions. In this report we shall offer to H.M.
our opinion for a supply of arms and ammunition, and for some
assistance towards the charge of the fortifications, the success
whereof we shall acquaint you with. But in the meantime we
judge it very requisite that you use all proper endeavours to
excite the Assembly to make provision for the charge of the
fortifications on the frontiers which seem most necessary for the
security of that Province. By the copy of our Representation
inclosed in our forementioned letter, you will perceive we have
already offered to her Majesty our opinion that Mr. Atwood,
Mr. Weaver, Mr. Depeyster, Mr. Staats and Mr. Walters, whom
you had suspended from the Council and other employments,
160 COLONIAL PAPERS.
1703.
be accordingly displaced, and that we have inserted in your
Instructions the names of other persons recommended by you
to fill up their places in Council. H.M. was thereupon pleased to
appoint that Mr. Atwood and Mr. Weaver should be heard by
their Council learned before H.M. in Councill, in their own defence.
Upon which occasion, we furnished Mr. Thrale, your Lordship's
Agent, with all papers that you had transmitted to us, relating
to their proceedings in the matters objected against them, and
a hearing having accordingly been had, you will perceive by the
enclosed copies of H.M. Orders in Council, that they are displaced.
The persons whose names we had inserted in your Instructions
are made Counsellors. And the sentences against Col. Bayard
and Alderman Hutchins are reversed.
In perusing the papers transmitted to us with your Lordship's
letters we were surprized to find many of them subscribed by Mr.
Honan as Secretary. We remind your Lordship that we wrote
to you concerning the character of this man before your leaving
England, and that your Lordship answered us Dec. 21. We
leave this to your Lordship's consideration, not doubting but
you will judge it necessary that the person who exercises a place
so considerable as that of Secretary of the Province, should be
of unblemished credit and reputation. We further offer to your
Lordship that the only means to preserve the Province and
promote H.M. service there will be that your Lordship will use
your utmost endeavours to extinguish all animosities which have
so unhappily divided the Province. P.S. The inclosed letters
for the Massachusetts Bay, Maryland and Virginia are recom-
mended to your Lordship's care that they may be sent forwards
by the first convenient opportunity. Signed, Rob. Cecill, Ph.
Meadows, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. [(7.0.
5, 1119. pp. 349-352.]
Jan. 26. 250. Council of Trade and Plantations to Governor Lord
Corn bury. In answer to your Lordship's letter of Sept. 29 upon
the Acts passed in April and May, we herewith send a copy of
the Representation which we laid before H.M. relating to those
Acts, as likewise a copy of H.M. Order in Council thereupon,
both dated Dec. 31st, by which you will perceive that H.M. has,
upon our Report, been pleased to disallow all the Acts against
which you have objected, and that the Act for continuing the
Commissioners of Accounts for one year longer, being the only
one without exception, will of course remain in force till that
time be expired. We also inclose a list of Acts of New York during
the Government of the Earl of Bellomont and Capt.Nanf an, which
have not yet been either confirmed or repealed. We desire your
Lordship to consider them very carefully in H.M. Council at
New York, and to report to us your own and the Council's opinion
upon each of them respectively with relation to H.M. service
and the interest of that Province. P.S. Since the writing of
this letter, upon consideration of the Act for declaring the Town
of East Chester to be a distinct Parish etc., and of the reasons
offered to us against it by the Rt. Rev. the Lord Bishop of London,
1703.
AMERICA AND WEST INDIES.
161
we have prepared a report to be laid before H.M. with our
humble opinion that the same be disallowed. Signed, Rob.
Cecill, Ph. Meadows, Win. Blathwayt, Jno. Pollexfen, Mat.
Prior. Annexed,
250. i. List of Acts of New York, 1691-1701, referred to in
foregoing letter. [(7.0. 5, 1119. pp. 352-358.]
Jan. 27. 251. Council of Trade and Plantations to the Queen. We
Whitehall, humbly lay before your Majesty an Act past in the General
Assembly of New York, Oct. 26, 1700, entituled an Act for
declaring the Town of East Chester in the County of Westchester
a distinct parish from the Town of West Chester, upon which
having consulted the Right Rev. the Lord Bishop of London,
and his Lordship having declared to us his opinion that the same
is prejudicial to the Church in that (without establishing any
fixed maintenance for a Minister in the Town of East Chester)
it does impeach a former Act, which did make a convenient
settlement for the Ministers of that and several other Churches
therein named ; we humbly offer that your Majesty would be
pleased to declare your disapprobation and disallowance of the
said Act. Signed, Weymouth, Dartmouth, Robt. Cecill, Ph.
Meadows, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. [C.O.
5, 1119. p. 362.]
Jan. 27. 252. Council of Trade and Plantations to the Earl of
Whitehall. Nottingham. Enclosing extract of letter from the President and
Council of Barbados, Nov. 10, for H.M. direction therein. Signed,
Weymouth, Wm. Blathwayt, John Pollexfen. Endorsed, Sent
to the Admiralty, Jan. 29. 1 p. [C.O. 28, 38. No. 9 ; and 29,
8. p. 285.]
Jan. 27. 253. Minutes of Council of Jamaica. Whereas the wife of
Bulley, the rebellious negro chief of the Cockling Pond gang,
hath been entertained by Col. Sadler upon her promise to deliver
up Bulley to the hands of Justice, this Board desires Col. Sadler
to give assurance to her that notwithstanding it appears that
she has corresponded with the Rebels, yet if she effects what
she promises, she shall have a free pardon.
Jan. 28. Previous warrant (Jan. 19) to the Commissioners having been
lost, ordered that another be issued.
Ordered that the Earl Galley fireship be refitted.
111. 8s. 9d. paid to William Lewis, one of the Church Wardens
of Kingston, on account of money advanced by him for the relief
of French prisoners at lod. per diem.
H.M. Proclamation for a Day of Thanksgiving in England read.
Proclamation that a Public Thanksgiving be held in this Island
on H.M. birthday, ordered. Mr. Bennett, Rector of Port Royal,
was ordered by the Governor to call such of the Clergy together
as he thinks fit to prepare a form of prayer in both respects
suitable to the occasion,
Q 11
162
COLONIAL PAPERS.
1703.
Jan. 29.
Jan. 27.
Jan. 28.
Jan. 28.
Whitehall.
Jan. 28.
Whitehall.
In pursuance of the Order of Sept. 1st last, ordered that Sir
James del Castilloes be paid 200/. (to make up the 500Z. allowed
him). [C.O. 140, 6. pp. 119-121.]
254. Minutes of Council in Assembly of Jamaica. Major
John Ellis and Francis Rose were returned for the parish of St.
George. The former was sworn a Member of Assembly.
Petition of several inhabitants of Port Royal against the Act
to prevent the resettling of Port Royal read and ordered to lie
upon the Table.
The above Bill was sent up amended, and passed with amend-
ments, and sent down.
A Conference of the two Houses was held upon the above Bill.
Francis Rose was sworn a Member.
The Bill to prevent the resettling of Port Royal passed the
House with amendments and was sent up and read a first time.
[C.O. 140, 6. pp. 430-434.]
255. William Popple to William Bridges. The Council of
Trade and Plantations desire an account from the office of H.M.
Ordnance of what ordnance and ordnance stores have been
sent to Barbados in pursuance of their letter of Oct. 13. [C.O.
29, 8. p. 286.]
256. William Popple to William Penn. The Council of
Trade and Plantations send you the enclosed copy of a paper
which they have lately received from Pennsylvania, being the
answer of the Members of Three Upper Counties to the Lt.-Gov.
and Council, signed by David Lloyd, John Swift and others, and
to desire you to explain the meaning of a expression therein,
signifying the willingness of those Members to act as an Assembly
in a Charteral way. They also desire copies of the several Grand
Charters which they understand were lately granted by you
in Pennsylvania, and they have further directed me to send you
the enclosed paper of queries, drawn by their direction, unto
which they desire your answer. Upon consideration of your
letter of 25th inst. and of a draught of H.M. Order in Council
therein referred to, they see no reason for any alteration to be
made in that Order, the matters therein contained being such as
relate equally to the due administration of Justice and to the
good Government of the Province of Pennsylvania. Annexed,
256. i. Queries proposed to Mr. Penn by the Council of Trade
and Plantations, Jan. 28, 170|. (a) Who is the present
Naval Officer in Pennsylvania. By what authority does
he act ? What are his Instructions or Directions for
the execution of his office.
(b) Whether there be any Court in Pennsylvania
(other than the Court of Admiralty established by the
. authority of the Lord High Admiral) which takes upon
them to hear and determine informations upon seizures
for breaches of the Acts of Trade and Navigation and
other Admiralty causes ? And by what authority any
such Court acts ?
AMERICA AND WEST INDIES. 163
1703.
(c) What information have you received from
Pennsylvania of ships coming thither 'directly from
Curasao with European and East India goods, and of
other ships designed for Curasao with tobacco from
Pennsylvania ?
(d) Whether any of those ships have been tried and
condemned, and in what Court ?
(e) What information have you received of ships
going from Pennsylvania to Rhode Island with illegal
trade ? [C.O. 5, 1290. pp. 294-296.]
Jan. 28. 257. William Popple to Sir Edward Northy, Attorney
Whitehall. General. The Council of Trade and Plantations desire your
opinion upon the papers that will be laid before you by Mr. Usher ;
(i) Whether the assignee of Robert Mason has a right to the
waste lands in the Province of N. Hampshire, (ii) What landa
in that Province are to be reputed waste lands, (iii) By what
methods H.M. may put the said assignee into the possession of
such waste lands as shall appear to belong to him in that
Province. [C.O. 5, 910. pp. 377, 378.]
Jan. 28. 258. Journal of Council of Trade and Plantations. Upon
Whitehall, further consideration of Col. Quar's letter etc., Dec. 7, Ordered
that a copy of the answer of the Members of the Three Upper
Counties to the Lieutenant Governor and Council be sent to
Mr. Penn, and that he be desired to explain an expression therein
signifying their willingness to act as an Assembly in a Charteral
way. Ordered that Mr. Penn be desired to let this Board have
copies of the several Grand Charters which were lately granted
by him in Pennsylvania. Queries, ordered j'esterday, approved.
And upon more particular consideration of Mr. Penn's letter,
and the perusal of the draught of an Order of Council therein
referred to, Ordered that the Secretary do signify to Mr. Penn
that their Lordships see no reason for any alteration to be made
in it, the matters therein contained relating equally to the due
administration of Justice and to the good Government of the
Province of Pennsylvania.
Mr. Usher pressing their Lordships for a report upon the petition
of Samuel Allen, their Lordships ordered the papers, received from
him the 18th inst., to be returned to him, that he may wait upon
Mr. Attorney General therewith, and with a letter which their
Lordships further ordered the Secretary to write to Mr. Attorney.
[See preceding abstract.]
Jan. 29. Petition of several merchants trading to New England, against
the Charter applied for by Sir M. Dudley etc., read.
Memorial from Mr. Phipps also read.
Four Acts of Mountserrat, 1696 and 1697, read and no objection
being found against any of them, notes were accordingly taken.
Six Acts of Mountserrat, 1702, and ordered to be sent to Mr.
Attorney General for his opinion upon the first of them only in
point of Law, and no objection appearing against any of the
164 COLONIAL PAPERS.
1703.
rest, notes were taken thereof accordingly. [C.O. 391, 15. pp.
395-399 ; and 391, 97. pp. 81-86.]
Jan. 28. 259. Minutes of Council [in Assembly] of Barbados. The
Tuesday. President acquainted the Board that the Attorney and Solicitor
General had signified to him that they could find no president of
any Commission for the trial of spies, and that the nature of a
Court Martial for trying the supposed spies required some further
consideration, and therefore desired the trial might be put off.
The Attorney and Solicitor General said that the trial must be
done by warrant from the President directed to a certain number
of Commission Officers, not less than 13. Ordered that the
said French prisoners be tried on Munday next, and that letters
issue to all the field officers to meet then. Lt. -Col. Wills acquainted
the Board that several of the soldiers had deserted and carried
away their cloaths and arms, and desired that care might be taken
to apprehend them, and desired the Board that if any of their
new listed men should prove to be servants, their masters might
have them again, and that they should all be drawn out on the
deck in order to be viewed by any person that had lost any
servant. Ordered that all due care be taken for apprehending
and bringing in all such men as have deserted H.M., in order
to their being punished accordingly.
The President acquainted the Board that he had delivered to
Judge Rees a Commission to be Chief Judge of the Court of
Common Pleas for the precincts of St. James, with blanks for
the Assistants, and ordered him to put in the same Assistants
that were of that Court before ; but, notwithstanding, he had
put in others, without any orders or acquainting him therewith.
Ordered that a new Commission issue appointing the old
Assistants.
Ordered that the Regiment under Col. Abel Alleyne begin on
Munday to do duty in the Bridge Town by sending a Company
to guard the prisoners and forts every week, until the whole
Regiment have roll'd through, [? as] the other Regiments have
done before. [C.O. 31, 6. pp. 373-375.]
Jan. 28. 260. Minutes of Council of Maryland. Ordered that H.M.
Annapolis. Justices of Annapolis take care to see the Act for keeping good
rules and orders in the said Town put in due execution, and that
they keep their Courts regularly according to Act of Assembly.
[C.O. 5, 745. p. 13.]
Jan. 28. 261. Minutes of Council of New Hampshire. Ordered
that the Secretary make a copy of the several answers to the
several complaints exhibited against this Government to the
Council of Trade and Plantations, one of which is concerning
the raising of 550L, and that the Copy be signed and sent to
England to our Agents or the Council of Trade and Plantations,
as shall seem most meet, with all expedition. [C.O. 5, 789. p. 137.]
AMERICA AND WEST INDIES. 165
1703.
Jan. 29. 262. Brigadier Colenbine to the Earl of Nottingham. My zeal
Portsmouth, for H.M. service is so great that nothing on my part shall obstruct
it, let me command or be commanded by home shee pleases etc.
Signed, V. Colenbine. Endorsed, R. Jan. 30, 170. Holograph.
2 pp. [C.O. 318, 3. No. 12.]
Jan. 29. 263. William Popple to Sir Edward Northey (Attorney
Whitehall. General). The Council of Trade and Plantations send you the
Acts of Mountserrat, passed in an Assembly of June 13th last,
and desire your opinion in point of law only upon the first of
them, entitled An Act for quieting men's estates etc. [C.O. 153, 8.
pp. 136, 137.]
Jan. 29. 264. Mr. Phipps to the Council of Trade and Plantations.
The Colony of New England being extensively exposed to the
insults of the French and Indians, I humbly desire that for the
security of that Colony your Lordships would lay before H.M.
the necessity of dispatching the 200 men for the garrison of
Pemaquid which you were pleased to represent as needful, and
also the cannon and stores, which about two years ago you
thought proper to be sent thither. There having been several
prizes taken from the French it will be necessary that a Com-
mission for Judge of the Admiralty in the room of Mr. Atwood
be granted either to Mr. Nathaniel Byfeild, whom the Governor
represents as a fit person, or to such other person as your Lordships
shall recommend, and the Lord High Admiral esteem better
qualified for that office. I have seen a draught of a Charter of
Incorporation prepared to be granted to Sir Matthew Dudley
and others for supplying the Crown with Naval Stores, and
presume to remind your Lordships that they endeavoured to
obtain such Charter in the late King's time, and it was opposed
on behalf of the Massachusetts as a thing that would destroy
their trade, and impoverish their inhabitants, and after a full
hearing before H.M. in Council a stop was put to it. I conceive
the grant of waste lands and mines therein mentioned would be
void, and that no waste lands or mines within the boundaries
of the Massachusetts Government can be granted to such new
Corporation or to anyone else, they being all granted already
in express words to that Government by their Charter. Therefore
I hope it will not be thought unreasonable to make their stay
till I can write to New England and receive Instructions con-
cerning a matter of the last consequence to them. Signed,
Con[stantine] Phipps. Endorsed, Reed. Read Jan. 29, 1702(3).
1J pp. [C.O. 5, 862. No. 148 ; and 5, 910. pp. 378-380.]
Jan. 29. 265. Secretary of New Hampshire to Governor Dudley.
Portsmouth. We have advice from our Agents in England that a complaint
has been exhibited against us before the Council of Trade and
Plantations concerning an Act made by the Lieut.-Governor,
Council and Assembly for raising 5501., and their Lordships
having commanded our said Agent's attendance were pleased
to inquire what that money was raised for, what those agrievances
166 COLONIAL PAPERS.
1703.
mentioned therein were, and why the Act was not sent home
to their Board according to H.M. Instructions. Our Agents
made answer that they had no Instructions about that matter,
nor knew anything but that the Act had been sent home, but
would write over about it. Our answers are, that the 5501. was
raised for the defraying the public charge of the Province more
particularly mentioned in the preface of the Act, that is to say,
1st, 3001. for employing a person to lay before H.M. the great
grievances of the Province, and thereupon an Agent was chosen
and sent over from hence to England accordingly ; 2ndly, to make
food to Sir Henry Ashurst lOOl., which was for his service and
isbursements in his late Agency for this Province ; Srdly, the
remainder of the 5501. to be employed for the payment of the
Province engagements already made, that is, to pay those debts
that were contracted on account of the Province while there
was no money in the Treasury, and promised to be paid out
of the next rates and assessments made by the General Assembly.
As to the great grievances of the Province, they are particularly
mentioned in a Memorial, which together with an Address from
the Lt.-Gov., Council and Representatives were sent over to
England by our Agent, Major Wm. Vaughan, to be presented
to his late Majesty. [See Gal. 1702.] As 1st, our erecting
and maintaining a fortification on Great Island, at the mouth
of Piscataqua River at the sole charge of this Province, whereas
this Port and River are equally beneficial and belonging to H.M.
Province of the Massachusetts, and the charge of fortifying
and defending the same ought to be borne by both Provinces in
equal proportion to their estates and abilities, tho' the situation
for the principal part of the fortification seems to be most natural
on our side of the river ; 2ndly, the discouragements and dis-
quiets our inhabitants have met with from the claims and
pretences that have formerly been made by Mr. Mason and of
late by Mr. Allen, to the Propriety of the Province, whereas
besides the expense of much blood, the loss and charge sustained
in the defence of the Province during the two late wars has far
exceeded the intrinsique value of the lands ; Srdly, the supplying
40 men to New York in case of a war, or an equivalent in money
would be an extraordinary burthen to this Province, the very
yearly subsistence and pay of 40 men amounting to a greater
sum then this poor Province could ever yearly advance both
for the support of the Government and their owne defence in
the hottest time of the late war, and these are the grievances,
which we humbly hope her most sacred Majesty will in due time
give us some relief in. As to the Lieut.-Governor's not sending
home that Act, he saith it being a temporary Act, and expired
before their Lordships could receive it, it was thought by the
Council, with whom he advised about it, unnecessary to send
it home, and the King's Instructions directing in the matter
being in the Earl of Bellomont's hand were never communicated
to the Lieut.-Governor by him, but carried to New York with
him, from whom the Lieut.-Governor could never obtain a copy,
tho' often desired and promised by the Earl of Bellomont to
AMERICA AND WEST INDIES. 167
1703.
be sent, so that the Lieut.-Governor was in the dark, having no
Instructions to direct him in that matter until the arrival of
Col. Dudley.
And now, Sir, because we think it proper that all things from
this Government should pass through your Excellency's hands,
we have sent the foregoing complaint from our Agents with
our answers, and pray your Excellency by the first opportunity
to send the same to them or to the Council of Trade and
Plantations. Signed, Cha. Story, Secy. p. order. Endorsed,
Reed. Read April 5, 1703. 2\ pp. [(7.0. 5, 863. No. 9.]
Jan. 29. 266. Duplicate of preceding. \_C.O. 5, 863. No. 9.1.]
Jan. 29. 267. Petition of merchants trading to New England and
other Provinces adjacent to the Council of Trade and Plantations.
The Charter applied for by Sir M. Dudley and others will be
destructive of the trade of the Provinces concerned and tend
to the undoing of many of the inhabitants, and be a very great
prejudice to all merchants and traders to those parts. Pray
the Board to delay report until Petitioners and the several Govern-
ments have been heard. Signed, ' Joseph Paice, Richard Mico,
Saml. Du Bois, Henry King, Thomas Blettsoe, Danl. Puckle,
Tho. Sandford, Saml. Sparry, Wm. Crouch, Richd. Bisley, Robt.
Hackshaw, James Roissie, James Berry, Tho. Holmes, John
Love, Fra. Camfield, Edwd. Whitehall, He. Mason, Nicholas
Oursel, Dav. Waterhous, George Ball, Gilee Fifield, Peter Coffin,
Nicholas Hopping, John Metcalfe, John Ive. Endorsed, Reed*
Read Jan. 29, 1702(3). 1 p. [C.O. 5, 862. No. 149 ; and 5,
910. pp. 381, 382.]
[Jan. 29.] 268. Minutes of Council in Assembly of Jamaica. Bill to
prevent the resettling of Port Royal was read a second and
third time, passed and received H .E.'s consent. The House desired
the Governor that the Bill be published at St. Jago de la Vega,
Port Royal and Kingston.
Jan. 30. Joint-Committee of the two Houses appointed to consider
how to provide for the sufferers at Port Royal. [C.O. 140, 6.
pp. 434-436.]
Jan. 29. 269. Minutes of Council of the Massachusetts Bay. H.E.
Governor Dudley being returned yesterday from the Province
of New Hampshire acquainted the Council with the discourse
he had with four Indians that waited upon him there with a
message from the Eastern Sachems manifesting then 1 resolution
to continue the peace, and desiring a supply of provisions and
cloathing for Trade, and that he had dispatcht some provisions
etc. from thence and from Newbury. Mr. Treasurer was directed
speedily to forward a further supply.
Information being given to the Board of several Frenchmen,
being strangers, that walk at large in the town of Boston, now
in this time of war being come, it is said, from Rhode Island,
Ordered that all Frenchmen within the said Town being strangers
168 COLONIAL PAPERS.
1703.
do render themselves and give in their names and places of
residence unto the Sheriff of the County of Suffolk within 24
hours after publication of this order, at their utmost peril, that
they may give an account of themselves etc. and order be taken
for the disposal of them. All H.M. subjects are strictly for-
bidden the concealing of any such or harbouring of them.
H. E. said that it was necessary for H.M. service he should
speak with a General Assembly before the Spring come on ;
and there being more than six months passed since the death of
King William, he could not meet the Assembly now hi being
that were called for his said late Majesty's writs, and therefore
he thought fit to issue a Proclamation for dissolving of the
Assembly now in being, and to give direction for the calling
of a General Assembly by her present Majesty's writs to sit upon
March 10 next.
640Z. 11s. 9d. paid to Capt. Southack and the crew of the
Province galley for service from March 27 Dec. 15, 1702.
41 U. 2s. id. paid for fitting her out last summer.
581. paid to Col. Charles Hobby on account of H.E.'s journey
to Piscataqua.
1691. 3s. paid to Capt. George Turfrey and his Company,
garrison of H.M. Fort Mary at Saco, April 22 Oct. 22, 1702.
James Robe, Mariner, of Boston, being seized upon with his
sloop at Cape Ann, by virtue of a warrant from H.E. on suspition
of his being about to carry supplies to H.M. enemies the French,
was carried before the Board and several papers read. Ordered
that he be bound with sureties in IQQl. personally to appear
at the next Court of General Sessions of the Peace held at Boston
for the County of Suffolk.
61. 10s. paid to Stephen Belding and Samuel Allen for conveying
two Frenchmen prisoners from Deer field to Boston.
304?. 14s. 2d. due to the garrison of H.M. Castle paid.
4:61. 16s. paid to Major Benjamin Davis, apothecary, for a
medicine chest for the Province galley.
A Proclamation for a General Fast to be kept Feb. 18 upon
consideration of the severe and mortal sicknesses and the deaths
thereby, and the continuance of the war in Europe, was signed
by H.E.
Accounts of Capt. Wormal, H.M. Fort at Casco Bay, com-
mitted. Advised, that H.E. order Capt. Cyprian Southack to
take up a suitable vessel to be forthwith equipped, armed and
manned, not exceeding 46 men in number, for guarding of the
coast, and that the Treasurer supply provisions for 6 weeks'
victualling. [C.O. 5, 789. pp. 477-480.]
Jan. 30. 270. Account of men on board H.M. ships and those who
have died or deserted since the voyage to the West Indies.
" Wil. Whetstone. 1 p.
Men entered. Dead. Deserted.
Canterbury .. ..264 72 12
Bredah 289 174 62
Defyance 221 123 21
AMERICA AND WEST INDIES. 169
1703.
Men entered.
Dead.
Deserted.
Windsor
183
85
23
Norwich
192
Greenwich
189
Pendennis
146
71
24
York
222
34
Kingston
210
93
10
Colchester
170
24
16
Gloucester
191
76
23
Dunkirk
201
Bristoll
166
65
13
Ruby
166
50
13
Falmouth
160
61
15
Experiment
Seahorse
48
32
8
Strombolo "|
45
17
8
Earl galley fireships
22
4
26
Herman J
30
2
8
Carcass 1 , ,
Serpent ) bombs
19
16
12
5
10
2
St. Antonio, sloop . .
15
3
2
[C.O. 318, 3. No. 9.]
Jan. 30. 271 . Christian Lilly to [? the Earl of Nottingham]. Signed,
Christian Lilly. Duplicate of letter to Council of Trade and
Plantations Jan. 3. supra. Endorsed, Reed. March 13, 170f.
Holograph. 3 pp. [C.O. 137, 45. No. 40.]
Jan. 31. 272. Peter Beckford to William Popple. Acknowledges letter
Jamaica, of Nov. 13th, delivered to me 28th ult. by our present Governor,
Col. Handasyd, at the same time I received one from their
Lordships with the good news of the great success of H.M. arms
in Europe, for which a public day of Thanksgiving is ordered
thro'out this Island. H.M. Proclamation and their Lordships'
Orders thereon were directed to me, so I suppose their Lordships
might not have been informed of a Privy Seal which passed
in June last constituting Col. Handisyd Lt.-Gov. of this island,
in obedience to which I delivered him up the Government Dec. 4
last. Signed, Pe. Beckford. Endorsed, Reed. 13th, Read 15
March, 170. fp. [C.O. 137,5. No. 92; and 138, 10. pp. 419, 420.]
[? Jan.] 273. Memorial from the Earl of Peterborough. It is the
request of the Earl of Peterborow to be put into a way to
have those men mustered which his Lordship has entertained
in H.M. service for the West Indies. No signature or date. J p.
[C.O. 137, 45. No. 36.]
[? Jan.] 274. Draught of Instructions for our Right Trusty and
Right Well-beloved Cousin Henry, Earl of Peterborough and
Monmouth. Whereas we have appointed you Commander in
Chief of the Forces we have sent to Jamaica, or that shall be sent
thither, and whereas it will happen that by the death or other
170 COLONIAL PAPERS.
1703.
vacancy of several officers and soliders there will be a remainder
of the pay directed by the establishment of our said forces which
ought not to be disposed of otherwise than by our especial order ;
we do therefore hereby authorize and empower you to apply
such pay or subsistence in provisions or otherwise accruing by
the death or other vacancy of such officers or soldiers towards
the raising and maintaining a troop or troops of dragoons for
our service in the West Indies under your command, the whole
number whereof shall not exceed 300, provided always there
be no additional charge arising to us over and above the establish-
ment of our said forces, and that they be mustered from time to
time according to our Regulations in that behalf ; whereof you
are to give us a constant account for our Royal approbation of
your proceedings therein. No signature or date. H pp.
[(7.0. 137, 45. No. 35.]
Feb. 1. 275. Pe. Beckford to the Council of Trade and Plantations.
Jamaica. These are to acknowledge the receipt of your Lordships' of the
llth November, delivered me yesterday, opened by our present
Governour, Collonel Handisyd, to whom I delivered up the
Government of this place the 4th December last, in obedience
to H.M. Commission, dated, I think, in June, tho' it did not
arrive here till the 3d of the last month [? Dec.]. The Governour
has pursuant to her Majesties' Proclamation and your Lordships'
commands, appointed a day for a publick ' thanksgiving for the
great success of H.M. Arms in Europe. I wish I could give your
Lordships any satisfactory account of the progress of them in
these parts, but nothing has been done by our fleet since the
death of poor Admiral Benbow, which we are all here but to
sensible of. Reer Admirall Whetstone has been with the fleet
upon the coast of Hispaniola, but nothing done or attempted
at, that I can hear of. Ducass is with his squadron at the
Havana ; he took in at Carthagena and Puerto Bello about
six millions ps. 8. Pray God he may be intercepted. I have
made my Lord Nottingham acquainted with what I know and
given him my humble thoughts thereon. The Governour will
I suppose inform your Lordships of all transactions since
December last, so that I have nothing further to trouble your
Lordships with, than to assure your Lordships how very ready
I shall be on all occasions to express my duty to her Majesty
and obedience to your Lordships' further comands. Signed,
Petr. Beckford. Endorsed, Reed. 13, Read 15 March, 170|.
1 p. [(7.0. 137, 5. No. 94 ; and 138, 10. pp. 421, 422.]
[Feb. 1.] 276. Deposition of John Bridger, Feb. 2, 1702, as to illegal
trading by Lt.-Gov. Partridge, 1698 ff., and in ship's timber
whose scantlings were fit for any of H.M. ships of the third rate
to Portugal etc. up to the present time. One of Partridge's
ships said to be now actually on a voyage to Lisbon with timber.
Signed, J. Bridger. Endorsed, Reed. Read Feb. 1, 1703. 1 p.
[(7.0. 5, 862. No. 150 ; and 5, 910. pp. 383-385.]
AMERICA AND WEST INDIES. 171
1703.
[Feb. 1.] 277. Similar Evidence of Robert Armstrong, late Naval
Officer of New Hampshire, based on what Lord Bellomont told
him. Feb. 3, 1702. Signed, Robt. Armstrong. 3 pp. [C.O. 5,
862. No. 151 ; and 5, 910. pp. 386-391.]
Feb. 1. 278. Catherine Countess of Bellomont to the Queen.
Whitehall. Sheweth, that your petitioner, after the deatli of her husband
the Earle of Bellomont was oblig'd before she could return
home into England to give 10,000. security to your Majesty
for her appearance at New Yorke in April next, upon account
of money pretended to be due to the 4 Companies there, tho'
your petitioner is ready to make it appear, whenever your
Majesty shall please to order her accounts to be taken, that
there is nothing due to the said Companies, of all the money
which the late Earle of Bellomont received. After the death
of the said Earle of Bellomont, your petitioner received warrants
signed by the Lieutenant Governour for the arrear of his salary,
as Governour, and for other disbursements made by him where
allowed by the Councill, amounting to the summe of 1,289?. 14s.
All which is still unpaid, as also an arrear of pay to the said
Earle, as Captain of one of the Companies there. May it there-
fore please your Majesty fforasmuch as the persons who are
security for your petitioner's appearance at New Yorke, are
lyable to be put to trouble upon account of the said bond, to
grant an order under your Majesty's sign manual to discharge
the said bond, your petitioner being ready to account here ; as
also that the warrants due to your petitioner, may be forthwith
paid, and the arrear of the late Earle's pay, as Captain, cleared
here, the said warrants and arrear of pay being all that has been
saved during the faithfull service of the Earle of Bellomont
in the Government of New York and New England for almost
four years. Signed, Kat. Bellomont. On back, Whitehall, Feb. 1,
170. H.M. has been pleased to refer the above to the Council
of Trade and Plantations. Signed, C. Hedges. Endorsed, Reed.
Read Feb. 2. lj pp. [C.O. 5, 1048. Nos. 22, 22.i. ; and
5, 1119. pp. 366, 367.]
Feb. 1. 279. Journal of Council of Trade and Plantations. This
Whitehall, day being appointed for hearing Lord Baltimore, and
Col. Blakiston and Col. Seymour, the Board thought fit, before
they called them in, to consider first how the Act of Maryland
for ascertaining the Bounds of land, which he complains of, does
at present stand, and in order thereunto the said Act was laid
before the Board, and the Act ascertaining the Laws of thai.
Province, together with the Representation of this Board Nov. 29,
1699, and the Order of Council thereupon, and the letter from
the Board to Col. Blakiston, Jan. 4, 1699-1700, and Minutes of
Nov. 19, If 00, were all read. Their Lordships agreed that
notwithstanding what is exprest in any of the said papers,
relating to the said Laws, the Act now in question concerning
the bounds of land and all the rest of the Acts hi the same volume,
supposing them to be the same as had been past formerly, except
172 COLONIAL PAPERS.
1703.
that for ascertaining the Laws of the said Province, do continue
at present in force. Both parties being called in, and his Lordship
in the first place objecting against the usual Instruction to the
Governor of Maryland relating to escheats, which he said are
his property, he was told by the Board that the said Instruction
has been inserted only in order to produce due information of
the stats of that, as of H.M. other Plantations, and not intended
to prejudice his right. As to the Act for ascertaining the bounds
of land, several objections were made against it by his Lordship's
Agent, and answers returned by Mr. Floyd, a Gentleman of that
Province, who accompanied Col. Blakiston, and upon the whole
matter the Law appearing to be of that importance to the
Province as not fit to be totally repealed, both parties were
directed to consult together and prepare some explanatory
clause or clauses that might be to mutual satisfaction, and lay
them before this Board for further consideration, which they
promised to do.
As to the Act for securing of Administrators and executors from
doubling of debts and limiting the time for payment of obligations
within that Province, mentioned also in the Memorial of Jan. 11,
his Lordship was desired to lay before the Board his particular
objections in writing against that Act, which he also accordingly
promised to do.
Mr. Usher and Mr. Wharton on one side, and Mr. Vaughan
with Mr. Partridge, the son, on the other, attending by appoint-
ment, the Articles exhibited by Wharton and depositions of
Usher, Wybird, Armstrong, and a letter from George Jeffery,
Aug. 20, 1702, were read. Usher and Wharton further desiring
that Mr. Bridger, who had been summoned in relation to this
matter, and was now present, might also declare his knowledge
therein, their Lordships directed him to lay his information
likewise before the Board in writing, which he promised to do
to-morrow morning. Vaughan and Partridge thereupon desiring
that they may have copies of all the papers now produced, or to
be produced by way of evidence, Ordered that the same be given
them, and that they bring hi their answer in writing on Friday
next.
Feb. 2. Letter from Mr. Thrale read. Ordered that the Secretary
acquaint him as Feb. 2. Ordered that Mr. Champante be com-
municated with. Sir Jolm Stanley laid before the Board the
petition of the Countess of Bellomont relating to the security
of 10,0002. which she was obliged to give in at New York for
her appearance there hi April next etc., which, with H.M. Order
thereupon, was read. Whereupon Sir John Stanley was desired
to lay before the Board a copy of the Bond therein mentioned ;
and upon his desire that some care may be speedily taken to stop
any presentation upon the said Bond at New York, for the
Lady Bellomont's not appearing there in April next, until H.M.
pleasure be declared, Ordered that the Secretary do prepare
a letter from the Board to Mr. Secretary Hedges for that purpose.
Feb. 3. Copy of Lady Bellomont's Bond read. Letter ordered yesterday
approved.
AMERICA AND WEST INDIES. 173
1703.
Ordered that the Secretary write to Sir John Stanley as Feb. 3.
Ordered that he, Air. Thrale, Capt. Matthews and Mr. Champante
have notice to attend on Friday.
Major John Powel laid before the Board a letter from
Mr. Lowndes together with his petition etc. [See Feb. 2],
and exhibited an affidavit made by himself before a Master in
Chancery to the truth of his account, together with some
certificates relating thereunto, signed by Capt. Leake. Some
progress was made in preparing an answer to the Lord High
Treasurer. Affidavits made by Mr. Bridger and Mr. Armstrong
were laid before the Board. [(7.0. 391, 15. pp. 400-410 ; and
391, 97. pp. 89-103.]
Feb. 2. 280. Lt. Gov. Handasyd to the Earl of Nottingham. I think
St. Jago. it my duty to give your Lordship an account of the dismal mis-
fortune that has befallen this Island, by a dreadfull fire which
happened on Jan. 9 last at Port Royall, which has left no howse
or anything standing but H.M. two Forts, which itt pleased
God to preserve ; the Assembly is now here sitting, and has
made an Act for the settling the Inhabitants formerly att Port
Royal on the main, which Act shall be sent, with a plan of the
place designed to be settled, by the next of H.M. ships, wch. I
suppose will sail very shortly from hence. I have understood
that there is Recruits for the two Regiments here att Nevis,
and as soon as arrived here shall give your Lordshipp an acct.
of them. I am of that opinion your Lordshipp will be troubled
with a great many debates about the removing the inhabitants of
Port Royall to Kingston, the place designed for the new settle-
ment. But to give your Lordship my oppinion of the matter,
being no other way intrested then by the Commission H.M. has
been pleased to give me as Lieut. Governor, 'tis absolutely the
best place and safe from the enemy, and fittest sittuated in the
Island, Port Royall being a place liable to all misfortunes as well
as fire. This Island will be in great necessity for all manner
of provisions and merchant goods, if not speedily furnished by
the merchants, all the principle stores in the Island being burnt
to a great vallue, but shall give your Lordshipp a more exact acct.
per next. Signed, Tho. Handasyd. Endorsed, R. March 12, 170|.
Addressed. Sealed. Holograph. 1 p. [C.O. 137, 45. No. 41.]
Feb. 2. 281 . Wm. Lowndes to Mr. Popple. Enclosing following
Treasury petition to be laid before the Council of Trade and Plantations,
Chambers. ^ f.j ie en( j ^^ ^ e LQ^J Treasurer may receive a state of this
matter signed by the Lords Commissioners. Signed, Wm. Lowndes.
Endorsed, Reed. Read Feb. 3, 170f. 1 p. Enclosed,
281. i. Petition of Major John Powell to the Lord High
Treasurer. Petitioner being sent with a Company to
Newfoundland, and provisions not coming from England
as expected, did there at his own proper cost and charge
victual the said company June 6, 1701-Aug. 28, 1702,
and was at several other charges for H.M. service,
the particulars of which are hereunto annexed, and
174 COLONIAL PAPERS.
1703.
certificates on oath signed by Commodore Leake for
the same now lyes before the Hon. Comnrs. of Trade.
1 p. Annexed.
281. ii. Account of 57 days' pay due to Capt. Powell referred
to in preceding. Total, 21 1Z. 8s. lOjd. 1 p. [C.O. 194,
2. Nas. 92, 92.i. ii. ; and 195, 3. pp. 145-147.]
Feb. 2. 282. A. Skeene to the Council of Trade and Plantations.
Barbados. I must crave leave to informe your Lordships that you will
receive per Capt. Knapp, H.M.S. Expedition, the Quarterly
Minutes as also the several Acts passed in that time. All the
ruled paper your Lordships were pleased to send over is write
out. Signed, A. Skeene, Secretary. Endorsed, Reed. 1st, Read
19th April. 2 pp. Enclosed,
282. i. Memorandum of Minutes of Council of Barbados,
Aug. 25-Nov. 10, 1702. J p.
282. ii. Memorandum of Acts of Barbados Sept.-Nov. 1702.
i P-
282. iii. Memorandum of an Act of Barbados, Nov. 18, 1701,
confirming titles of lands and tenements. \ p. [C.O. 28,
6. Nos. 94, 94.i.-iii. ; and 29, 8. pp. 300-302.]
Feb. 2. 283. James Cowse to Sir Edward Northey. It is not out
Barbados. o f disrespect that I have not wrote to you since my arrival, but
that I was loth to trouble you before I had occasion. I have met
with several unexpected delayes here in my suite against my
Brother Sharpe, with the particulars whereof my friend Mr. Carter
will make you acquainted. I have been here almost nine months,
and can neither gett an answer to my Bill nor an attachment
to compell Mr. Sharpe to make one. I would beg your advice
whether it may not be proper to make H.M. acquainted with
the ill usage I have met with, after having been once already
sent to England upon an Appeale, or what other method I had
best to take. If you advise the former, I must also entreat
your friendship in the dispatch of it. Signed, James Cowse.
Endorsed, Communicated by Mr. Blathwayt. Reed. April 6, 1703.
Holograph. 1 p. [C.O. 28, 6. No. 93.]
Feb. 2. 284. Lt.-Gov. Handasyd to the Earl of Nottingham.
Enclosing Minutes of Assembly now sitting. We have had
several great shakes here lately, particularly on Jan. 30. wch.
lasted two minutes and was the greatest earthquake knowne
in these parts excepting that of '92, wch. destroyed Port Royall.
Signed, Tho. Handasyd. Endorsed, R. March 13, 170f . Addressed.
Sealed. p. Enclosed,
284. i. Copy of Journal of Assembly of Jamaica, Jan. 14-27,
1703. See under dates. Endorsed as preceding. 10 pp.
[C.O. 137, 45. Nos. 42, 42.L]
Feb. 2. 285. John Thrale to the Council of Trade and Plantations.
The affair of Atwood etc. being over, I humbly represent that
the Lord Cornbury having by his letters to your Lordships laine
AMERICA AND WEST INDIES. 175
1703.
before you the want of several stores with recruits to be sent
over for that Government, and whereas the Virginia convoy will
be going in a very little time, I humbly move that what things
shall be thought requisite be ordered with all convenient speed,
that Province being in a weak condition to make defence against
the French and Indians. I also beg that something be done
to clear the accts. of the four Companies, March 1699-24th Oct.
1702. Signed, Jno. Thrale. Endorsed, Reed. Read Feb. 2, 1702.
Addressed, f p. [C.O. 5, 1048. No. 21 ; and 5, 1119. p. 362.]
Feb. 2. 286. William Popple to Mr. Thrale. The Lords Corn-
Whitehall, missioners for Trade and Plantations have ordered me to acquaint
you, in answer to your Memorial of this date, that they have
now under consideration the report that may be found necessary
to be laid before H.M. in relation to stores of war for New Yorke.
As to your desire of having some thing done towards the clearing
of the accounts of the 4 Companies there from March 1699 to
the 24th of December, 1702, their Lordships do expect that you
lay before them an account of what is wanting to clear the said
accounts for the said time. They further mind you of their
desire signified to yourself, Capt. Matthews and Mr. Champante
at their Board the 4th of the last month, vizt., that you would
meet together to settle between your selves the account of the
foresaid 4 Companies from the time of the Earle of Bellomont's
going to those parts, and acquaint this Board with the result
of that meeting, in order to their further proceedings in that
matter ; which their Lordships do accordingly expect, and desire
it may be speedily done. [C.O. 5, 1119. pp. 364, 365.]
Feb. 2. 287. William Popple to John Champante. The Lords
Whitehall. Commissioners for Trade and Plantations have ordered me
to mind you of their desire signified to yourself, Mr. Thrale and
Capt. Matthews at their Board the 4th of the last month, vizt.
that you would meet together to settle between yourselves the
account of the 4 companies at New Yorke from the time of the
Earle of Bellomont's going to those parts and acquaint this
Board with the result of that meeting in order to their further
proceedings in that matter ; which their Lordships do accordingly
expect, and desire it may be speedily done. [C.O. 5, 1119.
p. 365.]
Feb. 3. 288. Brigadier Colenbine to [?]. Munday 1 embarked
Portsmouth, my Regiment, and yesterday I got a draught of 99 men of
Sir Charles Hara's Regiment, a 'noble body of men. I wish
I could do them of my Lord Lucas's the same justice. Encloses
list of requirements. If you desire my Lord I shall succeed in
my part of this expedition, I must have the things I want, and
must fool away no time to please Col. Codrington in the Leeward
Islands, to have all my men sick, for I come there just in the
hott season etc. Signed, V. Colenbine. Endorsed, R. Feb. 4, 170f .
1 p. Enclosed,
176 COLONIAL PAPERS.
1703.
288. i. Copy of Memorial sent to the Duke of Marlborough.
Request for guns, gunners, spades etc. I p. \C.O. 318,
3. Nos. 13, 13.i.]
Feb. 3. 289. Rear Admiral Whetstone to the Principal Secretarys
On board o f State. Refers to letters of Nov. 25 and Dec. 28, since which
H &^'at''the r ~ a most dismall accident has hapned on the 9th inst. by fire
Keys before on the town of Port Royall. It broke out about noone, and
Port Royall notwithstanding all that could be done to prevent it, before
m Jamaica. 12 a( . n ^ t j t con sumed the whole Towne, leaving nothing but
the Forts untoucht to the great damage of the inhabitants and
merchants, several persons in the conflagration having also
lost their lives, the shipping and country will want the supplies
formerly afforded by the Towne, God be praised H.M. owne
and the merchant ships are all safe. By letters from New York
and New England directed to Admll. Benbow, I perceive there
is a large quantity of provisions embarking by H.M. command
for her shipping heare, but none yet arrived, nor any of the
forces from Europe your Lordshipp's Letters advised Admirall
Benbow off. Wee heare but little of the French at present,
only that Mounsr. Ducass with about 8 ships of warr is at the
Havanna. H.M. ships here begin to be very crasy and much
want a releife, noe ships but what came last out being fitt for
another year's service, nor to come home in the winter ; our
complements of men are very short, as by the inclosed account
your Lordshipps will perceive, and those we have tho' recovered
from sickness are very weake. I will endeavour to make the
best of both, and will omitt noe opportunity where we can doe
H.M. service. I should have been now at sea myselfe, but the
caution your Lordships gave Admiral Benbow to be here at the
arrivall of the forces ordered for this place stays me. Our cruisers
are out in all parts, where any expectation is to do service. These
letters comes hi H.M.S. Bristoll, who upon a survey of Carpenters
was found very defective in many parts, which iriclined mee
to send her with these expresses. The Capt. is a good officer,
and can give your Lordshipps verbally a good account of the
condition of our ships and men here, and some other things
which may be of service too tedious to trouble your Lordshipps
with here, the heads of which I have given him. In the great
consternation the people were hi after the fire, haveing all their
provisions burned and their habitations utterly destroyed, for
their comfort under such afflictions, I put forth a paper to tell
them that any of them should be entertained and relieved on
board H.M. ships till they could be otherwise provided for, in
which I hope I did not doe amiss. By this ship I send home
Capts. Kirkby, Wade and Constable. My willingness to serve
H.M. makes me unwilling to press for a relief e, but if your Lord-
shipps permit me to come home a little for the recovery of my
strength, I shall most gladly return hither or anywhere H.M.
pleases to command. Signed, Will. Whetstone. Endorsed,
R. April 19, 1703. Addressed. Sealed. 2 pp. [(7.0. 137, 45.
No. 43.]
AMERICA AND WEST INDIES.
177
1703.
Feb. 3.
Whitehall.
Feb. 3.
Jamaica.
Feb. 3.
Whitehall.
290. "William Popple to Sir John Stanley, Bart. The
Council of Trade and Plantations acquaint you that they have
prepared a letter to Mr. Secretary Hedges desiring him to move
H.M. that she would be pleased to direct a letter to be writ to
the Lord Cornbury to allow six months longer time for the
Countess of Bellomont's appearance at New Yorke to answer
H.M.'s suit there, beyond the time appointed by the bond, of
which you left me a copy ; and that it will be necessary that her
Ladyship's accounts be laid before this Board, in order to their
being sent by the same conveyance. Their Lordships having
also appointed that notice be given to Mr. Champante, Mr. Thrale
and Captain Matthews to attend them on Fryday morning next ;
they desire the favour of you, if it may consist with your con-
veniency, to be here also at the same time. [(7.0. 5, 1119.
pp. 368, 369.]
291 . Lt.-Gov. Handasyd to the Council of Trade and
Plantations. In my last I forgot to send your Lordships the
Minutes of the Councill, but sent them to the Earl of Nottingham.
The enclosed are the Minutes of what has passed since my last,
and having nothing to add but that we have had a dismall fire
at Port Royal on the 9th of January, consumed the whole town,
her Majcstie's two forts excepted, which were preserved by the
extraordinary diligence and perill of the officers and soldiers,
and likewise severall earthquakes, but one on the 30th January,
the greatest ever known in this Island excepting what destroyed
Port Royal in the year 1692. Signed, Tho. Handasyd. Endorsed,
Reed. 13. Read 15 March 170|. Addressed. I p. Enclosed,
291. i. Memorandum of Minutes of Council of Jamaica, Dec. 7,
1702-Jan. 9, 1703. J p. \C.O. 137, 5. Nos. 95, 95.i. ;
and 138, 10. p. 423.]
292. Council of Trade and Plantations to Sir Charles Hedges.
Having received your signification of H.M.'s pleasure that we
should examine the allegations contained in a Petition presented
to H.M. by the Countess of Bellomont relating to the accompts
of the late Earle of Bellomont whilst he was Governour of New
Yorke, and that we should report our opinion what may be fit
for H.M. to do therein ; we desire you to represent to H.M. that
we are taking the best method to inform ourselves of the state
of those accompts, for which it is necessary for us to write to
New York and to send her Ladyship's accounts to the
Lord Cornbury for his objections. But it being represented to
us that the said Countess is obliged by bond to appear at the
Supream Court of Judicature at New Yorke upon the first Tuesday
of April next, and there to answer the Suite of the Queen in a
plea that she render and pay unto her Majesty the summe of ten
thousand pounds sterling which she is said to owe unto H;M.,
and the Countess alledging that she is ready to account here ;
we humbly conceive that H.M. may be graciously pleased to
allow the further space of six months beyond the time specifyed
in the bond for the appearance of her Ladyship, or her lawfull
178 COLONIAL PAPERS.
1703.
Attorney, to answer H.M.'s suit as aforesaid, her Ladyship first
giving us copies of her accounts hi order to our transmitting
them by the first conveyance to the Lord Cornbury, for the
answer of his Lordship and H.M.'s Councill thereupon ; and
that H.M. would please to direct that a letter be writ to the
Lord Cornbury to that effect that ye sureties be not prosecuted
in the meantime for her Lady'ps. default. Signed, Ph. Meadows,
Wm. Blathwayt, Jno. Pollexfen, Mat. Prior, Weymouth,
Dartmouth, Robt. Cecill. P.S. We are desirous to have copies
of the accounts from the Lady Bellomont before she receive
H.M. gracious suspension of proceedings against he&. [C.O.
5, 1119. pp. 369, 370.]
[Feb. 3.] 293. Copy of Bond of Countess of Bellomont of counter-
security to those who are bound for her appearance at New York
in April, 1703. Oct. 7, 1702. Endorsed, Reed. Read Feb. 3, 1703.
1 p. [(7.0. 5, 1048. No. 23.]
Feb. 3. 294. Minutes of Council hi Assembly of Jamaica. Message
from the House that they desired the Provost Marshall should
attend them. Ordered accordingly.
Feb. 4. Committee of both Houses met and reported that they had
come to no conclusions as to expedients for provision to be made
for widows and orphans.
Feb. 5. Message sent up that, it being represented t6 the House by
the Committee of Grievances that the bridge between St. Catherines
and St. Andrews and the roads on each side being very incom-
modious, inconvenient and scarce passable, and also the roads
to the Bath, therefore the House humbly desire your Honours -
will give leave to such Gentlemen of the Council who are concerned
hi the management thereof, to lay before the Houseman account
of your proceedings for their inspection, that speedy measure
may be taken for amending the same. Joint Committee
appointed. They reported that as to the Bridge Bath, upon
considering the Act to oblige the parishes of St. Andrews and
St. Catherines to build a bridge over the River Rio Cobree,
it was the way-wardens' business to take care of the path and
their default that it was not done, and that it was proposed
and agreed on as requisite that the Bridge should be taken lower
and that the foot of the bridge on both sides should be secured
with pyles. \_C.O. 140, 6. pp. 436-439.]
Feb. 4. 295. John Champante to the Council of Trade and Plantations.
Having been desired by John Nanfan, late Lieut.-Governor of
New York, to apply for relief against the several hardships he
now is under, I humbly presume to lay a state of some of them
before your Lordships, and hope your immediate care will prevent
his ruine, which must otherwise be unavoidable. For he has
been compelled to account for the subsistance of H.M. four
companies there from the time of Lord Bellomont's death to
May 9 last, whereas I have received, as his Agent, the said sub-
sistence but to Dec. 24, 1701, whereby he has disbursed above
AMERICA AND WEST INDIES. 179
1703.
1,7002. more than has been paid to his order here ; and yet not-
withstanding he has been arrested in an action of 5,OOOZ. in H.M.
name, and obliged to find bail to appear to it, though he had
before offered to give in sufficient security for the payment of
just balance that should appear due from him, by which severe
usage he is confined in the Province, to the very great prejudice
of all his affairs. And the further to detain him there, several
have been encouraged to bring actions against him without any
just or legal ground whatsoever, as particularly John Graves
and Roger Prideaux, who have now laid actions of 2,500Z. each
upon him for false imprisonment and who were committed by
him and the then Council till they should give in security to
surrender themselves to a Secretary of State, upon the oath of
Governor Heskett, charging them with very high crimes, and
when the last letters came away from thence, he was under the
apprehensions of other suchlike groundless vexatious actions.
He therefore hopes that there may be such due and speedy care
taken of him that without any prejudice to the securities he has
been forced to give in, he may have liberty to come for England
to answer for his administration of the Government there and
to look after his own concerns ; and he is now and always shall
be ready to state and settle his publick accounts, upon which, as
matters stand at present, there is a very great balance due to him.
Signed, John Champante. Endorsed, Reed. Read Feb. 5, 170.
If pp. [C.O. 5, 1048. No. 24; and 5, 1119. pp. 371-373.]
Feb. 4. 296. Duplicate of preceding. [C.O. 5, 1048. No. 25.]
Feb. 4. 297. William Popple to Sir Edward Northey, H.M. Attorney
Whitehall. General. The Council of Trade and Plantations send you the
enclosed Act of the Leeward Islands for naturalising Col. Walter
Hamilton of Nevis, and desire your opinion thereupon in point
of Law. [C.O. 153, 8. p. 137.]
Feb. 4. 298. Commodore Walker to [? the Earl of Nottingham].
Boyne at sea. There arriving six East India ships richly laden at Barbados
that applyd for convoy, all the Capts. of the men of war beleiveing
them of great consequence as well for the considerable customes
they are to pay H.M. as the security of that trade, unanimously
agreed in opinion that a third-rate should be sent for their convoy,
wherefore the expedition was ordered on that service. The
feavour and other distempers have raged amongst both the men
of war and transports to that degree that if they do not abate
there will not be left seamen enough to sail the ships. The
soldiers who have been a shoar have been much more healthy,
except those quartered in Bridge Towne of Barbadoes, which
is a very sickly place, and will always continue so unless the
Islanders would take care to have an Hospitall built at some
distance from the Town, which by the continual receiving sick
persons into their houses has created an infection not easily
to be removed. Here having been a kind of cartel settled between
Barbados and Martinica, vessels pass to and fro with flags of
180 COLONIAL PAPERS.
1703.
Truce as they call them, and the French oome into the Road
and anchor amongst the English ships, and the persons belonging
to those vessels passe up and down the Island unmolested, as
if there were no war at all between the two Crowns, wherefore
I ordered Capt. Knapp to seise a vessell that came to Barbadoes
on that pretence, and Col. Wills, that commanded one of the
Regiments that quartered in the Town, seised the French men
belonging to her that came ashoar, as spyes, who have been
tryed at Barbadoes by a Court Martiall, and one of the prisoners
is condemned to dye. The Cartel settled seems to me as well
as most people in Barbadoes to be only a pretext for a collusive
trade between the Islands, and gives opportunity to the French
to gain all manner of Intelligence concerning H.M. proceedings
in these parts. Besides the sicknesse which sweeps away such
a number of our men, a great many have deserted which are
hid and sheltered by severall of the Islanders, and tho' I have
proposed expedients to prevent those inconveniencyes, yet no
measures have been taken for it. I writ to the President of the
Island to assist us with men, who gave a list of 74 to be taken
out of vessells in Barbadoes Road, but there were not found
above 30 of them, the best seamen being conceal'd a shoar. Here
are eight sail of men of war at the Leeward Islands, which if
well man'd are sufficient alone to encounter all the Naval force
the French have in the West Indies ; but if the men continue
to dye so fast, and no supply be had, they will become onely
uselesse hulks. Yesterday I weighed front Barbadoes with
the Land forces embarked bound for Antegua. Signed, Hovenden
Walker. 4 pp. [C.O. 28, 38. No. 10.]
Feb. 4. 299. Journal of Council of Trade and Plantations. Letter
Whitehall, from John Moore, read. Ordered that the Secretary Cook
inform the Board what has already been moved on his behalf
and what answer has been returned.
Letter to Mr. Secretary Hedges signed.
Ordered that the Act of the Leeward Islands for naturalizing
Col. Hamilton of Nevis be sent to Mr. Attorney General.
Acts of the Leeward Islands, Dec. 1701, further considered.
(See Sept. 1702.)
[Feb. 5.] Mr. Thrale, Mr. Champante, Capt. Matthews and Sir John
Stanley attending according to appointment, their Lordships
acquainted Mr. Champante that it is necessary the Lady
Bellomont's account be speedily laid before them in order to
their transmitting the same to the Lord Cornbury.
Mr. Champante said that he believed he should be able to lay
them before the Board on Monday or Tuesday.
Ordered that Mr. Pauncefort be again desired to favour this
Board with an extract of all money paid to Mr. Champante
at the Pay Office upon account of the Four Companies at New
York.
Major Powel attending, and it being observed to him that
several of the soldiers at Newfoundland had deserted, so that
he ought not to reckon the charge of provisions furnished by
AMERICA AND WEST INDIES. 181
1703.
him as for the full complement, he answered that all the desertions
had been replaced in four days time, and that the charge of doing
it amounted to more than the cost of their provisions.
Mr. Usher and Mr. Vaughan attending in relation to the Articles
exhibited against Mr. Partridge, Mr. Vaughan laid before the
Board an answer to the said Articles, and the proofs thereof
that had been communicated to him, wch. was read. Ordered
that a copy be given to Mr. Usher for his reply on Tuesday next.
Mr. Champante laid before the Board a Memorial on behalf
of Capt. Nanfan which was read, and ordered to be taken into
further consideration in the next convenient opportunity.
[(7.0. 391, 15. pp. 410-414; and 391, 97. pp. 105-111.]
[Feb. 5.] 300. Answer of William Vaughan to the Articles exhibited
against Lt.-Gov. Partridge by John Usher in the name of
William Wharton. (1) Refers to Lord Bellomont's report. (2)
Denies that Partridge has ever traded contrary to the Acts of
Trade and Navigation etc. As to the Spanish iron, there is no
proof of that charge, but only what Armstrong and Richard
Wybird swear they were informed by others. (3) Masts and timber
are not any of the commodities enumerated in the Act of
Navigation, and, as he conceives, are not prohibited by any
Law to be carried into any foreign parts in amity with the Crown
of England. The masts and timber were not fit for H.M. use.
(4) There being no proof of this charge, nor any complaint trans-
mitted to your Lordships by George Jeffries, he hopes your
Lordships will not think a letter from Jeffries to Mr. Usher
sufficient ground for you to take notice of. (5) There being no
proof of any one instance of the Naval Officer's remissness in his
duty, or of Mr. Partridge's landing or running any goods contrary
to the Acts of Trade and Navigation by means thereof, he con-
ceives a denyall of the fact is all the answer that can be given
to so groundless and malitious an insinuation. If your Lordships
require any further satisfaction, he prays you will hear Mr.
Partridge's Councill. Signed, Wm. Vaughan. Endorsed,
Reed. Read Feb. 5, 170|. 2 pp. \_C.O. 5, 862. No. 152 ; and
5, 910. pp. 391-395.]
Feb. 5. 301 . Minutes of Council of Jamaica. Upon the petition of
St. Jago Capt. Lewis and Mr. Gomersall. on behalf of themselves and
delaVega. jyjj, (} ar( j oso t o b e discharged of their Commission of looking after
the goods saved out of the fire, in regard that there is none now
brought in, and very little left in their custody, and the attendance
thereupon is a great charge to them ; ordered that William Rogers,
Benjamin Willett and Aaron Lamego appraise what is or shall
be left between this and Monday, and in the meantime and after,
if any claymer appears, that the said Commissioners shall adjudge
to have the most probable right (tho' they decline to swear it) to
any of the goods remaining in their hands, they may, if they
think fit, deliver such goods to such claymer. Ordered that they
publickly appoint a certaine day every time they deliver out any
goods.
182 COLONIAL PAPERS.
1703.
The Governor acquainted the Board that he had sent to the
Admiral a copy of an extract of a letter from Paris giving an
account of 30 sail of merchant ships coming to Hispaniola
with Mr. Marchand appointed Major of the coast in a ship of
40 guns, which was sent here by Lord Nottingham, as also his
Lordship's letter of Nov. 14, together with Admiral Whetstone's
answer : (a) Earl of Nottingham to Lt.-Gov. Beckford. Nov. 14
(1702), Whitehall. I rejoice at the good news you send me,
and hopes you give of greater successe against the enemy. The
enclosed account of our success at Vigo will be noe lesse welcome
.to you. I desire you to communicate it to Vice-Admiral Benbow,
and pray acquaint him that by some intercepted letters from
Martinico I understand they are in great want of the men wch.
were sent from St. Christopher's to Hispaniola. that orders are
sent thither to require them to come away to Martinico. This
Vice-Admiral Benbow should endeavour to prevent, and if he
be not at Jamaica, I wish some other way could be found
to intercept them in their return if they endeavour it.
(b) Rear Admiral Whetstone to Lt.-Gov. Handasyd. H.M.S.
Canterbury at the Kayes before Port Royal, Feb. 2, 170|. I am
sorry the circumstances of my legg hindered my waiting on you
yesterday. I should most willingly have paid my respects etc.
All I can do is to have cruised out in the most likely places.
You was pleased to order some soldiers to assist in the Seahorse,
which if you please to order at Withywood, he shall sail thither
to-morrow to take them in in the Earl galley, according to what
I promised I am fitting and shall not exceed the sum I told you.
Signed, Will. Whetstone.
-The Governor communicated the letter he had now written
to Admiral Whetstone, representing to him that in his opinion
it will be very much to the advantage of the Crowne and
detriment to the enemy that all imaginable care be taken to
intercept the ships coming from France and to hinder the relieving
Martinico ; which was approved of. [C.O. 140, 6. pp. 123-126.]
Feb. 6. 302. Minutes of Council of the Massachusetts Bay. An
Boston, accompt of the charge of erecting a fortification about a trading
house for supply of the Indians of Pennicooke at Dunstable near
Wattaanack, Co. Middlesex, pursuant to a resolve of the Assembly,
Oct. 15, presented to Lt.-Col. Jonathan Tyng, amounting to
79J. 3s. 2d., was examined and approved. [C.O. 5, 789.
pp. 480, 481.]
Feb. 8. 303. Michael Cole to William Blathwayt. Dec. 22, Carolina.
Carolina. Arriving here Oct. 4 last found the Governor, Col. Moore, with
fourteen sayle of vessels ready to saile for St. Augusteen with
500 men and 300 Indians ; they sailed from hence about Oct. 16
and made up their fleet at Port Royal in this Collone, and arrived
at St. Augusteen about the 24th, and had been masters of the
Town and Castell, had not the scilliness of an indiscreet master
of one of the small vessels loseing company went ashore with his
boat and was taken prisoner, and gave them two days time to
provide, but however they possessed themselves of the town
AMERICA AND WEST INDIES. 183
1703.
with littel or know resistance, and made themselves masters of
their Churches and Abbe (which are large enough to entertaine
seven or eight hundred men) and forced them into the Castell,
which is regular fortification with foure bastons ; the Besegers
has raised a battery of 4 guns, but being slenderly provided with
amonistion, they cannot do what they would, they have sent a
vessel to Jamaica for bomes and carcasses, wch. if they receive,
don't dout to be masters of the Castell in a few days after ; they
are in want of most necessarys in the Fort, wilest our peopell
is plentyfully supplied with cattell brought to theare camp
every day by teen wight men and fouFty of our nabouring
Indians, who does nothing else ; the country is plentyfully stored
with them ; wee are heare mighty dissiorus of the good success
of that Interprise, for the happinesse of this Collone Depends
upon it, which is now very thrifmg, and will make at leest 400
tuns of rice this yeare, though the season has been very ordinary
for it. If the Garrison be taken, the country dissires to present
the Queen with it, which if H.M. excepts will inlarge our Trade
with the Indians about 20 Nations, and add to the trade of our
wollen Manifactory seven or eight thousand pounds sterling
per annum. I shall endevour to bring you the drauft of Portroyall
Harbour. I am promised it by a good hand, well acquainted
theare, when please God to send me safe for I shall wate upon you,
and give you an acct. A great abuse in these parts, which is
much to the prejudice to the Trade of the Nation, and will intro-
duce a great Evill in time will prove twelfe or fourteen hundred
pounds prejudice to the publick per annum.
Postscript. Feb. 8, 170|. Bristoll. Since the above, the
forces from St. Augusteen is Returned heether without any
success, after eight weeks laying seeg to the fort, the forces being
undisciplen, men growed w(e)ary, and was for raysing the seeg
(the amonisstion from Jamaica not coming) ; the Governor,
Col. Moore, used all the perswassion he could, for to continue it,
but soone after this comosion, theare appeared of that barr
two Spanish men of war of about 30 or 40 guns each, with a
briginteen and a sloop, with releaf from the Havannah, and
came to anker at the foot of the barr, so that the besegers could
not bring out their vessels, which weare eight in number, the
bigest about 70 tuns, the rest from 50 tuns downwards. They
continued the seeg three days after theare arrivall ; the Enemv
darest not attacketothem,but a last finding noe hopes of bringing
of theare vessels, they sett them one fier, as also the Town of
St. Augusteen with their Churches and Abbe and reduced "it to
ashes, and so came of sixty miles march by land, the rest by
water in theare preaugors ; the charge of this expedition will
amount to 7,OOOZ. ; they have raysed foure to paye this yeare,
the other three the next. Signed, Michl. Cole. Endorsed,
R. March 25, 1704. Addressed. Sealed. Holograph. 1 p.
\C.O. 5, 306. No. 2.]
Feb. 8. 304. Subscribers for producing Naval Stores in the
Plantations to the Council of Trade and Plantations. Refer to
184 COLONIAL PAPERS.
1703.
interview with Mr. Wharton. They conceive their undertaking
cannot be so effectually carried on as they intend unless their
stock may be 100,000?. ; vizt. 75,000?. to be raised in England,
and 25,000?. to be raised by the inhabitants of New England
and Plantations adjacent, if they shall think fit ; and in order
to raise this stock, they may have liberty to subscribe any sum
not exceeding 200,0002. They apprehend the restrictions already
propos'd by them will effectually prevent the practice of stock-
jobbing, wch. your Lordships cannot be more jealous of than
they themselves abhor ; but they cannot submit to the restriction
made by your Lordships of not selling any stock within
five years, which being contrary to the common right of trade,
will discourage some who have already subscribed, and deter
others from subscribing to this great undertaking. If your
Lordships are not satisfied, the subscribers humbly desire a
day may be appointed for their attending your Lordships, in
order to bring this tedious affair to a finall conclusion. Signed,
Jno. Balfinch, the Cl. Endorsed, Reed. Read Feb. 9, 170|.
1 p. [(7.0. 5, 862. No. 153.]
Feb. 8. 305. William Popple to William Lowndes. Enclosing
Whitehall, observations of the Council of Trade and Plantations upon
Major Powell's account [Feb. 2] to be laid before the Lord High
Treasurer : He has exhibited to us his own affidavit before a
Master in Chancery to the truth thereof. More particularly,
as for the 1st Article ; we cannot judge thereof, it being a matter
belonging to the Pay Office, the summe is 211. Us. As for the
six next Articles ; he says he has not brought with him any
vouchers or receipts from Newfoundland ; but refers to the
credit of his own forementioned affidavit. Those six Articles
amount to 681. 19s., carried forward 96?. 10s. Brought over
96?. 10s. Od. As for the last Article ; he has exhibited to us a
Paper signed by Commodore Leake, certifying that upon the
examination of his accounts it appeared that he is creditor for
certain quantities of provisions therein specified, which were
imployed in victualling the Company at Newfoundland from
the 6th of June, 1701, to the 28th of August, 1702 (both those
days inclusive) being in all for 84 days after the year's provisions
sent from hence had been expended. And whereas we
objected to him that several of the soldiers had deserted and
that he ought not therefore to reckon provisions for the full
complement, he answered that all those desertions had been
replaced in three or four days time, so that the charge of listing
the new men amounted to more than the cost of the provisions
for those few days. However, as for the value of the provisions
furnished, he has shewn us one account, for part thereof, attested
upon oath before Commodore Leake amounting to 49?. 2s. Od.
Another account for another part attested in the same manner,
and amounting to 221. Os. Od. And an account for another part
thereof, certified by Captain Cleland to have been verified before
him by the person who sold them amounting to 191. 10s. Od.
90?. 12s. Od. Total 187?. 02s. Od. Brought forward 187?. 02s. Od.
AMERICA AND WEST INDIES. 185
1703.
The remainder having, as he affirms, been paid for by himself
in several petty summes, for which he took no receipts, amounts
to 241. 06s. \Q\d. Totall 21 \l. 8s. \Q\d. These being the
observations that have occurr'd to us, upon inspection of the
vouchers produced by Major Powell, and consideration of what
else he has otherwise offered, for making good the respective
Articles of his account, we submit the same to his Lordship's
determination. Signed, Weymouth, Dartmouth, Ph. Meadows,
Wm. Blathwayt, John Pollexfen, Matt. Prior. \C.O. 195, 3.
pp. 148-150.]
Feb. 8. 306. Journal of Council of Trade and Plantations. Ordered
Whitehall, that a letter be writ to Mr. Merrit to acquaint him that if he
or any other persons concerned in the Trade to Newfoundland
have anything to offer to this Board in relation to the security
thereof, their Lordships will be ready to receive it on Thursdaj'
morning next. The observations upon Major Powell's account
were signed and ordered to be sent to Mr. Lowndes, and
Major Powel's papers returned to him.
Feb. 9. Mr. Bridger and Mr. Bulfinch presented a further Memorial
from the Subscribers for producing Naval Stores in the
Plantations, wch. was read ; and they further declared their
willingness that a Clause be inserted in their Charter to oblige
them to bring all the Naval Stores they shall raise in America
into England, or other H.M. Dominions in Europe, or to any
other of H.M. Plantations in America, where bond shall be given
that they shall not be transported from thence to any forrein
country. \C.O. 391, 15. pp. 415, 416; and 391, 97. pp. 113-
117.]
Feb. 8. 307. Minutes of Council of New Hampshire. Mr. Theodore
Portsmouth. Attkinson's Debenter relating to the charge of wine etc. at H.M.
Fort at Great Island, Feb. 5, where several guns were fired for
joy of the news of a great victory over the Queen's enemies.
Whereas Mr. Sampson Sheafe, Dep. Collector, has informed the
Board of four baggs of cotton wool seized for illegal importation,
and brought to a trial at H.M. Inferior Court of Common Pleas,
where judgment was given for H.M. , but the Claimer has appealed
to the Supreme Court, the said Collector now moving that noe
further proceeding may be had upon said Appeale, but that the
cause may be tried at the Court of Admiralty now speedily to
be held in this Province according to the Act of 7 and 8 William III ;
and it appearing to this Board that by the aforesaid Act the
cause aforesaid, as well as all other causes of that nature are
properly cognizeable before a Court of Admiralty ; it is therefore
ordered that the opinion of this Board be forthwith certified
by the Secretary to the Justices of the Superior Court,
that they proceed no further in hearing the aforesaid Appeale,
but dismiss the said cause, in order to be heard and tried by
such Court of Admiralty, as if said cause had never yet been
heard. [C.O. 5, 789. pp. 138, 139.]
186 COLONIAL PAPERS.
1703.
Feb. 9. 308. An account of money paid by the Earl of Ranelagh
to Mr. Champante for the use of the four Companies at New
York. Aug. 1697 Jan. 2, 1701. Total, 12,265?. 5s. 4|d.
Endorsed, Reed. 9th, Read 12th Feb., 170. 1 p. [C.O. 5, 1048.
No. 27.]
Feb. 9. 309. Reply of John Usher to the Answer of Mr. Vaughan
London. (Feb. 5). (1) Lord Bellomont never had any Instructions or
authority to examine whether Partridge had qualified himself
as the Act directs. It is not only publickly reported in that
Province, but is also positively sworn by Usher that Partridge
took upon him to act as Lieut. -Governor before he had qualified
himself as the Act directs. (2) The evidence submitted may
not be admissible in a trial at Law, but may be sufficient to
induce your Lordships to believe Partridge guilty. (3) True
that the timber etc. is not one of the enumerated commodities,
but whether the sending supplies fit for H.M. service to foreign
parts be not of ill example and consequence, and whether a
Lieut. -Governor in so doing has a due regard to H.M. interests
and service, is humbly offered to your Lordships' consideration.
That he did send such timber is positively sworn by Mr. Bridger
and Armstrong (Feb. 1). Refers to Lord Bellomont's letters of
1700. (4) It appears by the several affidavits annexed that
George Jeffries is a person of reputation and integrity. It
appears by the several affidavits annexed (which Vaughan neither
can or doe deny) that Partridge is a considerable trader and
merchant, and whether it be consistent with the office of a laeut.-
Governor or for H.M. service for him to carry on a considerable
trade as a merchant, when by being so he has frequent oppor-
tunities and consequently is under great temptations of breaking
the Acts of Navigation which by his oath he is expressly sworn
to observe, etc. Signed, Jno. Usher. Endorsed, Reed. 9th, Read
12th Feb. 170|. 5 pp. [C.O. 5, 862. No. 154 ; and 5, 910.
pp. 396-401.]
Feb. 9. 310. Lt.-Gov. Handasyd to the Council of Trade and
St. Jago. Plantations. I send you an Act of Assembly to prevent the
resettling of Port Royall, and I shall refer you wholly to
Capt. Lilly's Letter [Jan. 30 ?]. But if I may give your Lordships
my oppinion, itt had been better itt never had been settled
nor ever can be for ye good of the Island to settle there againe,
the said Plann of Kingston I shall send to your Lordshipps as
soon as it can be got ready. Signed, Tho. Handasyd. Endorsed,
Reed. Read April 19, 1703. Enclosed,
310. i. Memorandum of an Act to prevent the re-settling of
Port Royal, p. [C.O. 137, 5. No. 96, 96.i. ; and
138, 10. p. 437.]
Feb. 10. 311. Arnold Browne to the Earl of Nottingham. Refers
Kingstown in to letter of Oct. 20, 1702. I understood Capt. Kirkby and Wade
Jamaica, should remaine prisoners in these parts till H.M. pleasure should
be received. But about Jan. 15 at a Court Martial on board the
AMERICA AND WEST INDIES. 187
1703.
Canterbury for trying some criminalls, it was proposed sending
them home on the Bristol, which I refusing to assent to, the
Court Martial was adjourned, and a Council of Warr held, where
it was resolved to send them home. Signed, Arnold Browne.
Endorsed, R. April 19, 1702. Addressed. 1 p. [(7.0. 137, 45.
No. 44.]
Feb. 11. 312. William Popple to Josiah Burchet. The Council of
Whitehall. Trade and Plantations have ordered me to desire you to inform
them what convoy is designed by H.R.H. this year for New-
foundland with the first and latter ships imployed in that Fishery
and Trade. [(7.0. 195, 3. p. 158.]
Feb. 11. 313. Order of Queen in Council. Repealing the Act of
St. James's. New York, Oct. 26, 1700, for declaring the Town of East Chester
a distinct parish from the Town of West Chester. Signed, John
Povey. Endorsed, Reed. Feb. 22, Read March 5, 170. f p.
[C.O. 5, 1048. No. 26; and 5, 1119. pp. 390, 391.]
Feb. 11. 314. An account currant of the Subsistence, clearings and
offreckonings issued to the use of the four independent Companies
in New York during Lord Bellomont's Government. Total
issued, 10,01 ll. 12s. Id. Total spent, 10,062Z. 15s. &\d. Signed,
J. Champante for the Lady Bellomont. Endorsed, Reed. Read
Feb. 11, 170. 2 pp. [C.O. 5, 1048. No. 28.]
Feb. 11. 315. Governor Dudley to the Council of Trade and
Boston. Plantations. Refers to letter of Dec. 10. The provisions (for
Jamaica) in two store-ships and Larramore with his company on
board the Gosport all sailed hence on Jan. 2 with a fair wind,
and about 30 vessels with provisions to the Islands, and I hope
may be well arrived. Since which I have also sent away in a
new sloop another foot company of volunteers out of the Province
of New Hampshire, Capt. Walton Commander, whom I have
clothed and armed and victualled for their voyage, and they
sailed from Pascataqua Jan. 17, which is all that I can do upon
that head, until I may hear of their happy arrivall and kind
reception from the Government of Jamaica, which will encourage
more to follow them, which I shall be capable to do, if I can
keep peace with the Indians, whom I have lately visited and
supplied with all necessary trade, to take them off from a French
dependence, and very happily by one of our privateers taken a sloop
of the French, wherein was the French stores for them for this
winter, which at present cuts them off from all hopes on that
side. I have also received two letters from your Lordships
of June 12 and Sept. 15, with H.M. commands for rebuilding
the Fort at Pemaquid etc. Refers to letter of Dec. 10. Though
I have little hopes of their doing more, I shall, as I am com-
manded, exert my utmost endeavours with another session of
the Assembly, which shall be holden in March next, and there
is no time yet lost in that affair, it being the winter session, wherein
nothing can be done with stone or mortar. Referring to the
188 COLONIAL PAPERS.
1703.
Fort at Pascataqua River, where the present Fort now stands,
I was last week at Pascataqua on purpose to hold the Assembly
of New Hampshire, where they have agreed to reform that Fort
and raise a new Battery for 10 or 15 large guns close upon the
water, and have granted to H.M. 500/. for that end, which with
the labour of the Militia I hope will do something towards it,
and considering that Province, that it consists of but five small
Towns, is as much as can be well raised in one year. The Province
being so little allows nothing for the support of the Governor,
which I should be willing to bear if H.M.'s affairs in her com-
mands in this and other occasions might obtain a just obedience
from them. Refers to letter of June 12, and " Your Lordships'
commands upon Mr. Sheafe's letter to enquire after the Records
of that Province, and why they are not lodged in the Secretary's
hands. The Gentlemen of H-M. Council there acquaint me
that the Records of that Province are of these several sorts,
the Acts of Assembly and Council have always been in the
Secretary's hands as Clerk of the Council. The Records of the
Inferior Court are in the keeping of Theodore Atkinson, Clerk
of that Court, and the papers of the Sessions and Inferior Court
in the keeping of Capt. Penny, Clerk of that Court, and the papers
belonging to the Probate of Wills and Testaments are in the
keeping of the Secretary, Mr. Charles Story, whom in favour to
that office, that has no better support than 121. per annum,
I have commissioned Register of the Prerogative Court, and the
Records of Deeds of Land are in the hands of Mr. Penhallow,
who before my coming was appointed by the Assembly agreeable
to an Act which was some years since sent home to your Lordships,
and again sent by myself since my coming as Recorder of the
Province, which Act and appointment they say was projected
to make the Records of their Deeds secure, the Recorder by
the said Act being alwaies to be a person of estate in the Province.
I have also examined that article of the fines, and the Gentlemen
of that Court and their Clerks have attended me upon it, and
answer that they never presumed to take out of the fines more
than four shillings per diem during their session, which upon a
survey I am apt to think is true, and for your Lordships' satis-
faction have enclosed a list of the fines for 7 years last past,
under the Clerk's hand. Referring to Mr. Randolph's Memorial,
I have examined that matter in Council, Mr. Sheafe attending,
and I find the whole proceeding very derogatory to the honour
of the Crown, and in breach of the Acts of Trade ; I judge
Mr. Sheafe did what appertayned to him to obtain a judgment
against the ship, Montesse Commander, but that ship was broken
up the same voyage in that River, and Captain Montesse is since
dead in the West Indies, worth nothing, and Mr. Sheafe is well
satisfied to be justified, and I am sorry there is no person nor
estate to proceed against for remedy, but I hope to prevent
any such irregular proceeding for the future. Mr. Ichabod
Plaisted has also attended me upon the motion of Mr. William
Wallis, and I find him a very capable and diligent officer, and
what is suggested referring to Mr. Brenton's allowance of half
AMERICA AND WEST INDIES. 189
1703.
the salary, I have written to him being at Road Island, and
doubt not of his compliance with his promise to your Lordships,
which if not submitted to in his answer, I shall inform your
Lordships further thereof. Referring to letters from the
Lieut. -Governor Partridge, and Mr. Sheafe in the case of the
goods imported from the Massachusetts, upon my arrival in
New Hampshire I found that the complaint referr'd to four
bags of cotton-wool, which were imported contrary to Act of
Parliament, and Sheafe had obtained judgment in the Inferior
Court, but upon the appeal of the Importer, was cast in the
Superior Court, and the value being but 30Z., it was like to rest
there, but I ordered it to be new seized, and upon the Review in
the Inferior Court it is again condemned, and I have done what I
can upon the second Appeal to the Superior Court to prevent
the acquittance, but so it is my Lords in these Provinces, that
the Judges are ignorant, and the Juries stubborn, that it is a very
hard thing to obtain their just service to the Crown, all which
will be prevented if your Lordships please to let me have a Judge
of the Admiralty settled here, who by the Acts of Parliament
proceeds without a Jury. Mr. Sheafe the officer is well satisfied
with what is done in this affair, but I have had no direction from
the Commissioners nor otherwise in that affair as your Lordships
intimate. Refers to copies of Acts of Assembly " sent within a
month of my arrival."
I have yet a Peace with the Indians in the neighbourhood of
these Provinces, and hope the Maquas will continue firm on the
side of New York, if otherwise shall carefully do my duty to my
Lord Cornbury, though truly these Provinces are in much more
danger. Since the sayling of the Gosport, I have no ship of H.M.
here, and two or three sloops from Placentia are busy upon the
coast, and the other day surprised two sloops in the whale Trade,
but some of the People followed them so near, as to recover one,
the other is carried away, and I expect every day trouble on the
Coast, until I may be favoured with one good frigot for this
great Bay, and one lessor for Pascataqua, which I humbly pray
I may be favoured with, as being absolutely necessary for the
security of the Coast. I have put the Countrey galley, that was
very ill-built and almost worn-out, upon the waies for a thorow
repair, and in the meantime have a good sloop out with fifty men,
if possible to meet with the French sloops, which is yet very
difficult at this time of year. Signed, J. Dudley. Endorsed,
Reed. Dec. 20, 1703, Read Jan. 7, 170f. 5 pp. Annexed,
315. i. Abstract of preceding. 2| pp. [C.O. 5, 863. Nos. 10,
lO.i. ; and 5, 911. pp. 164-174.]
Feb. 11. 316. Newfoundland Merchants to the Council of Trade and
London. Plantations. In obedience to your commands to lay before
your Lordships in writing our opinion in relation to the preserva-
tion of that advantageous Fishery in Newfoundland, we here-
under with great submission do offer the same, respecting therein
the Petitions which have been delivered to H.M. in Councill and
were referred to your Lordships. Wee therefore humbly offer it
190 COLONIAL PAPERS.
1703.
our opinion two or more men of warr may saile from England
as soon as possible for Newfoundland whose early arrivall may
prevent the destroying all the rest of our harbours there except
St. Johns. As we have to our cost experienced the French at
Placentia do very often insult all the harbours in Trinity Bay,
as they have done Trinity this winter, and wee fear all the rest,
they having but a small tract of land, not three miles from
Placentia Bay to Trinity Bay, over which they bring their boates,
there being not fortifications to oppose them. Wee with all
submission offer that unless Trinity Harbour be fortified, which
may be easily done, and is of great conveniency as may appear
by the Draft (which one of us had the honour to present to your
Lordships last year) there will be no security for any to fish or
inhabitt in any of the harbours in the said Bay, whereby one third
of the Fishery will be lost. And for this we humbly offer to
your Lordships that twenty or thirty guns well placed and forty
to fifty soldiers with officers to command them, with one hundred
small arms, with ammunition and what is also necessary for the
said fortifications with the assistance of the inhabitants who
are to be under command, may be a sufficient force to secure
that Bay, that harbour being capable of receiving one thousand
saile of ships, and all the inhabitants of the adjacent harbours,
who desire that to be fortified for their common security to fly
to in the winter time ; what stones and other things may be
necessary for the fortification wee humbly referr your Lordships
to the ingineers. And whereas the right of the whole Island
appertaines to H.M. and Crown of this realm, as appears by the
duty the French paid there in the reign of King Charles the
Second, and that the French Settlement and Fishery there hath
been very destructive to our nation in times of peace as well as of
warr and of vast advantage to them in bringing up sailors and
by their trade in fish ; wee most humbly offer to your Lordships that
the taking of and possessing of Placentia their chief fortification,
which with God's blessing may be done with eight or tenn men
of warr and four or five hundred Grenadiers, to saile from hence
by the first of May next, will be of an unspeakable benefit to
these nations in respect of breeding up seamen as well as of trade,
increase of H.M.'s Customs and of navigation, as your Lordships
are highly sensible of, by the account of shipping in time of peace,
when wee had but half the trade, which must consequently
be doubled when we have the whole. And lastly we humbly
offer that the fishing ships ma} 7 have protections for their men
both sailing and fishing lines as qualified by the Act for that
trade and may depart under convoy of the two first men
of warr, who saile in March, and the other ships which
go to take of the fish may have protections and permissions
to saile under convoy of those ships, who may depart in
May and all this with great submission to your Lordships.
Signed, John Snell, Simon Cole, Solomon Merrett, Wm. Brooke,
Chr. Haynes, Ja. Campbell. Endorsed, Reed. Read Feb. 11,
170|. 2 pp. [C.O. 194, 2. No. 93 ; and 195, 3. pp.
154-157.]
AMERICA AND WEST INDIES. 191
1703.
Feb. 11. 317. Petition of Sir Jeffrey Jeffreys to the Queen. Whereas
your Majesty hath been pleased to constitute and appoint 4
packet-boats in course for your Majesty's Islands in the West
Indies, whereby frequent advices may be sent to and received
from those parts, and seeing the same method will be of like
advantage, both to your Majesty and subjects, to sett up at least
two vessells which might keep course to the Northern parts of
America and New York, being the centre of those parts, Sir Jeffrey
Jeffreys does with all humility propose to furnish your Majesty
with 2 vessells fittly qualified for the said service, one whereof
mounted with 12 gunns and 40 men and provided with oars
strong and well built for the winter service to depart for New
York in January next from the Isle of Wight, to stay at New
York 30 days and no longer, in which time letters may be sent
by expresses and answers to them transmitted from New England,
Virginia and Maryland and all the adjacent Collonies, and by
the same ship brought for the Isle of Wight at 2001. p. month,
from whence the said ship shall depart again for New York in
20 days or as soon as her Majesty shall direct. The other vesell
to be fitted with 8 guns, 30 men to be ready in 2 months after
the departure of the first also provided with oars, and to keep
the same course at 1501. per month, whereby after 4 months
your Majesty and subjects may send and receive intelligence
to and from those parts (wind and weather permitting) every
2 months, with condition nevertheless that the Commanders
of the said vessells may be at liberty to take in such passengers
that offer, and a few goods, for balast in their voyage to and
from New York, not exceeding 50 tunns on the bigger and 30 tuns
on the lesser vessell, to have effectual protection for their seamen
both on board and on shear, the hire to be paid quarterly and
to have 3 months pay unprest. Subscribed, At the Court at
Whitehall, Febry. llth, 170. Her Majesty is graciously pleased
to referr this petition to the Councill of Trade and Plantations
to consider thereof, and report therein their opinion, what may
be fit to be done in it for H.M. service, whereupon H.M. will
declare her further pleasure. Signed, Nottingham. Endorsed,
Reed. 13th, Read 15th Feb., 170f. 1 p. Enclosed,
317. i. If it be her Majesty's pleasure to have both the said
vessells of 150 tunns mounted with 14 guns and 40 men,
the said Sir Jeffrey Jeffreys proposes to perform the
same at the terms mentioned in the proposall, being
3501. p. month of thirteen months to the year. Signed,
Jeff. Jeffreys. [C.O. 323, 5. No. 1 ; and 324, 8.
pp. 211-214.]
Feb. 11. 318. Journal of Council of Trade and Plantations. Mr. John
Whitehall. Snel, Synion Cole, Solomon Merrit, together with several other
Newfoundland traders, laid before the Board a Memorial for
fortifying Trinity Harbour and Carbonier etc., which was read,
with the petition of the Merchants of Poole. They offered that
the fortifying of those places, without sending soldiers likewise
for the defence thereof, will be of no manner of use, and they
192 COLONIAL PAPERS.
1703.
desired that in the Representation to be made concerning New-
foundland, care be taken that one of the men of war now going
for Lisbon may be ordered to convoy the salt ships from thence
to Newfoundland.
Ordered that the Secretary write to Mr. Burchet to enquire
about the convoy for Newfoundland.
Mr. Champante laid before the Board an Account of the sub-
sistence etc. of the four Companies at New York during Lord
Bellomont's Government.
Feb. 12. An account of money paid by Lord Renelagh to Mr. Champante
for the use of the four Companies read. Ordered that copies be
sent to Mr. Champante and Mr. Thrale.
Mr. Usher's reply to Mr. Vaughan read. [(7.0. 391, 15.
pp. 417-419 ; and 391, 97. pp. 121-125.]
Feb. 11. 319. Minutes of Council of Jamaica. The Governor com-
St. Jagode municated a letter from Governor Dudley, Dec. 26, stating
vega.
j n obedience to H.M. directions he had provided provisions
for the Victuallers at Jamaica, which were now upon two shipps
under convoy of H-M.S. Gospir, together with one good foot
Company of Volunteers, under command of Capt. Larrimore,
and hoped to follow them with two more early in the spring
under proper officers. " Capt. Larrimore and his officers and
most of his men have been abroad this summer upon this coast,
and have taken five good ships, and have shewed themselves
of good courage, but will fall short in their appearance and dis-
cipline of the regular troops you do receive from England, having
been in an army, but that may be in a few weeks taught them,
and in real service I hope they will show themselves Englishmen.
That which I have promised them with the Queen's favour that
they shall be. kept an in tire company under their own officers,
and so improved and commanded by their superior officers at
all times during their service, and that they shall while in the
West Indies receive H.M. pay with all other encouragement
both for officers and soldiers as is given to any other troops, and
that I ask of you, S r , as being a service to H.M. They are the first
men in armes that ever went out of this Province, or from the
shoar of America, and if at first they meet with discouragement
I am sure I shall never send from hence one file of Volunteers
more. I therefore humbly pray on their behalf that they may
be kindly dealt withall and provided so that I may have a good
account of them to be made public here, and it will satisfy every-
body. I may say to yourself S r that I have here a verry difficult
Province to manage, and it is in your power by a kind reception
of these men to repute the service here verry much. Their
arms are unsizeable, but I have no store here, neither of Province
nor of H.M. to fitt them better, etc." Which being read, and also
Capt. Larrimore's Commission, Oct. 19, and the Instructions
whereby 'tis appointed that the Captain's pay shall commence
from the date of his Commission, and his Company's pay from
Dec. 1st last, the Governor required the opinion and advice
of the B&ard thereupon. It was their unanimous advice that
AMERICA AND WEST INDIES. 103
1703.
in regard the said Company are part of the forces intended
for a further expedition, and that there is noe establishment
remitted hither yet for their pay or subsistence, that they goe
in H.M. ships along with the Admirall in his now intended cruise,
and the Board desired the Governor to write a letter to the
Admiral to take them along accordingly. Ordered that Joseph
Quelch provide 16 iron-bound puncheons for the use of H.M.
Fort Charles, and in case that he cannot otherwise gett them,
that he impress coopers and materials forthwith to make them,
for which the usual rates shall be paid out of the Revenue.
Feb. 12. Col. Dudley's letter and an answer from Admiral Whetstone
declaring his thankful acceptance of the Governor's proposal of
Capt. Larrimore's Company, read.
Petition of Phillip Bennett, late Rector of Port Royall, ordered
to be referred to the consideration of the Assembly now sitting.
Petition of Capt. Thomas Simson, setting forth that being
gathering men to goe out a privateering, he was by order of the
late Lt.-Gov. strictly commanded to carry two packetts to
Adml. Benbow and Admiral Whetstone, etc., read. He was paid
60Z., which was placed to acct. of H-M. Revenue. [C.O. 140, 6.
pp. 126-130.]
Feb. 11. 320. Minutes of Council of the Massachusetts Bay. Arthur
Boston. Mason, of Boston, moving to have the publick stores of gun-
powder removed from his store-house where they are now lodged,
a Committee was appointed to view the house of James Allen
sometime since fitted up for that use, and to report their opinion
thereof next Council Day.
Thomas Mitchell paid 231. 5s. for service as pilot of H.M.S.
Gosport during her station here.
31s. Id. paid to the Treasurer of the Town of Boston, being
half the charge of repairing the Town House and mending the
clock thereof, 1701 and 1702. 29s. 6d. paid to Benjamin Tolman
for beating a drum at the Castle for thirteen weeks.
Account of Timothy Wadsworth, gunsmith, referred to a
Committee. [C.O. 5, 789. pp. 481, 482.]
Feb. 12. 321 . Sir C. Hedges to Governor Lord Cornbury. Acquainting
Whitehall, him with H.M. pleasure that Lady Bellomont be allowed six
months beyond the time specified in the Bond etc. (See Feb. 22,
etc.) Signed, C. Hedges. Endorsed, Reed. March 1, 170f. Copy.
l pp. [C.O. 5, 1048. No. 29 ; and 5, 1119. pp. 386, 387.]
Feb. 13. 322. Minutes of Council in Assembly of Jamaica. The
House attending, the Governor (Handasyd) gave them an account
of the Company that was come from New England persuant to
H.M. Order to the Governor there, and that for the present the
Admiral had taken them on board for the designed cruize, and
desired the House to consider (1) that the Law provides no sub-
sistence for any other officers or soldiers then the two Regiments
here, (2) that the Governor has advice of more troops that may
be dayly expected to goe on "some expedition for H.M. service,
C 13
194 COLONIAL PAPERS.
1703.
(3) that it will be expected during their stay here that they have
some refreshment and subsistence. And upon the whole matter he
recommended to them to appoint Commissioners to take care
for their refreshment and subsistence accordingly. [(7.0. 140, 6.
p. 439.]
Feb. 15. 323. E. Dummer to the Council of Trade and Plantations.
Coieman The time the Bridgman sloop made her safe voyage to the West
street - Indies :
Sailed from : Arrived :
The Needles, Oct. 22. Barbados, Nov. 18.
Barbados, Nov. 20. Antigua, Nov. 24.
Antigua, Nov. 26. Monserrat, Nov. 27.
Monserrat, Nov. 28. Nevis, Nov. 28.
Nevis, Nov. 29. St. Xphers, Nov. 29.
St. Christophers, Dec. 1. Jamaica, Dec. 6.
Jamaica, Dec. 15. Falmouth, Feb. 2.
The experience of time is three months and 13 days, that but
for some interruption at Jamaica and a little difficulty with a
privateer of Petitt Guavas in the Narrow of the Windward Passage,
he believes he had made his voyage 12 days sooner. He has not
lost a man. He was very diligently dispatcht at all the Islands,
save at Jamaica, where he was to clean, he spent more time
than was allowed him, which was accidental, however the alacrity
of the people at all the Islands in assisting his despatches according
to his orders is a great demonstration of their satisfaction in
this service, for though his motion was so quick, yet he brought
home above 1,500 private letters, and the Dutch dispatches from
Currassoa. Signed, E. Dummer. Endorsed, Reed. Read Feb. 15,
170|. Addressed. Sealed. 1 p. [C.O. 323, 5. No. 2.]
Feb. 15. 324. Journal of Council of Trade and Plantations. Upon
Whitehall, consideration of the account received from Mr. Paunceford,
ordered that he be desired to inform this Board as Feb. 16.
Sir J. Jeffry's Petition read.
Letter from Mr. Dummer read.
Draught of Instructions for Col. Seymour, appointed Governor
of Maryland, was read, agreed upon and ordered to be com-
municated to him.
Mr. Moor, brother of Mr. Moor, Queen's Advocate in Penn-
sylvania, desiring their Lordships' favour in procuring some
salaty for his brother in that employment, the answer formerly
returned to Col. Nicholson upon the same subject, Aug. 21, 1700,
was considered, and Mr. Moor was thereupon told that if he
can find out any fund in that Country out of which such a salary
may be paid, it should be considered of, but that otherwise their
Lordships did not think it fit for them to propose the doing it
out of any part of H.M. Revenue here.
The Memorial on behalf of Capt. Nanfan was again read.
Ordered that Mr. Champante have notice to attend the Board,
in order to inform them the best he can concerning the state of
Capt. Nanfan's account.
AMERICA AND WEST INDIES. 195
1703,
Memorandum : That in next writing to the Lord Cornbury,
he be advised by this Board not to charge himself with the receipt
of any money for the pay of soldiers at New York or other public
service in that Province.
Feb. 16. Sir Jeffry Jeffrys attending, and being desired by their Lordships
to bring down his proposal to moderate terms, he offered that
both the proposed packet-boats should be of equal force and
burthen (viz., 150 tuns, 14 guns and 40 men each), and that he
would furnish them both for 350Z. per month, reckoning 13
months to the year ; upon consideration of which proposal after
his departure, their Lordships ordered that he have notice to
attend again on Thursday morning next, and that it be then
proposed to him to make no longer stay at New York than 4 days,
and that he take the whole advantage of letters, passengers and
goods without any other allowance.
Ordered that a Representation be prepared to H.M. upon the
presents made to Col. Dudley by the Assembly of the Massachusetts
Bay since his arrival in those parts, and to set forth their neglect
of making any settled provision for his salary.
Mr. Champante attending, laid before the Board an attested
Copy of a Report of the Committee appointed by the Lord
Cornbury at New York for stating the accounts of the Companys
there ; upon which he observed that they charged Nanfan with
the subsistence of the said Companies from March 8, 170^ (being
the time of Lord Bellomont's decease) until May 9, 1702 ;
Mr. Champante further alleged that he has not received from
the Pay Office here for their subsistence any longer than till
Dec. 24, 1701. Ordered that a copy of the Report be kept,
and that a copy of Matthews's account, Jan. 4, be sent to
Mr. Champante and that he be desired to communicate it to
Lady Bellomont, that she may give directions for an answer
to such part thereof wherein Lord Bellomont may have been
concerned, and that Mr. Champante do also lay before this Board
an answer to such part thereof as concerns him, as likewise to
what concerns Capt. Nanfan, as far as lies in his power. And
upon further consideration of Capt. Nanfan's Memorial, ordered
that Graves and Prideux have notice to attend on Thursday,
that their Lordships may then enquire of them into the state
of their claim against Capt. Nanfan, and know of them whether
they be willing he should come for England upon the bail that
he has already given into their actions at New York.
Feb. 17. Letter from Mr. Thrale read. Ordered that Capt. Matthews
acquaint him that their Lordships desire to speak with him
to-morrow morning.
The Secretary, by direction of the Board, wrote a particular
letter to Mr. Champante relating to Capt. Nanfan's accounts.
Sir John Stanly acquainted their Lordships that a letter having
been prepared by Mr. Secretary Hedges, pursuant to their
Lordships' letter to him, Mr. Secretary did desire to be certified
that the Lady Bellomont had laid before the Board her accounts
mentioned in their said Letter as necessary to be transmitted
to the Lord Cornbury, before he despatched that prepared by
196
COLONIAL PAPERS.
1703.
him, whereupon their Lordships ordered another letter to be
sent to Mr. Champante.
The Secretary acquainting the Board that Mr. Taylor had
returned some of the accounts of the incidents of this office,
which lay before the Lord High Treasurer, and signified his Lord-
ship's Order for some alterations to be made in the method of
the said accounts, a state thereof (in the method desired) with
a letter to the Lord High Treasurer upon that subject were agreed
upon and ordered to be transcribed.
Petition of the inhabitants of Carbonier to H.M. read, and
their Lordships entered upon the consideration of a Report to
H. M. thereon. [(7.0. 391, 15. pp. 420-428 ; and 391, 97.
pp. 129-139.]
[Feb. 16.] 325. Copy of a Report of the Committee appointed by
Governor Lord Cornbury to state the accounts of the four Com-
panies at New York. June 27, 1702. The total, March 8, 170^.
to May 9, 1702=7, 3121. 10s. 6|d. sterl. Drawn by Capt. Nanfan,
4,308Z. 11s. Id. Signed, Samuel Vetch, Tho. Noell, Mayor, Robt.
Livingston, Robt. Lurting. Referred back by H.E., June 30, 1702,
"to the same Commissioners who are to report unto me the disposal
of the summs so received or drawn as well as the quantum of
the summs owing." Signed, Cornbury. Endorsed, Reed, from
Mr. Champante, Read Feb. 16, 170f. 6 pp. [C.O. 5, 1048.
No. 31.]
Feb. 16. 326. William Popple to John Champante. The Council of
Whitehall. Trade and Plantations have ordered me to send you the enclosed
copy of Captain Matthews's account which was shown to you
this morning at their Board, and to desire you to communicate
the same to the Countess of Bellomont ; that her Ladyship may
please to give directions for an answer to such part thereof wherein
the late Earl of Bellomont may have been concerned : and that
you would also yourself lay before them your answer to such
part thereof as concerns you, as likewise to what concerns
Capt. Nanfan, as far as lies in your power. [C.O. 5, 1119.
p. 375.]
Feb. 16. 327. William Popple to Edward Paunceforte. The abstract
Whitehall, which you lately gave me of money paid by the Rt. Hon. the Earl of
Ranelagh to Mr. Champante for the use of the four Companies
at New York having been laid before the Lords Commissioners
for Trade and Plantations ; their Lordships do further desire
you would please also to inform them what money was paid to
the Earl of Bellomont himself, or his Order, at any time before
Aug. 1697, when this present account of money paid to
Mr. Champante does begin. [C.O. 5, 1119. pp. 374, 375.]
Feb. 16. 328. Minutes of Council [in Assembly] of Barbados. The
Friday. President acquainted this Board of the sentence of death that
had been passed upon Lt. Torraile at a Court Martial held Feb. 2.
The Board advised that execution be suspended until the arrival
AMERICA AND WEST INDIES. 197
1703.
of the Earl of Peterborough or the Governor. The President
and this Board having been ad vised that M. Casali, who came up
in the French Flag of Truce with the French prisoners, had taken
upon himself too great a liberty in viewing the bays and fortifica-
tions, and in going on board ships, and uttering indecent and
dangerous expressions, who ought to be more modest as he is a
Messenger from a declared enemy ; Ordered that he be confined
to his chamber, and do not presume to go on board without leave
from the Government, as he will answer the contrary at his peril.
For which and other reasons the said Flag of Truce is ordered
to be detained for some further time.
Upon the petition of Thomas Reynoldson that the French
prisoners be removed from his house, Ordered that they be
forthwith removed into James Fort. Reynoldson's petition
for reimbursement referred to the Assembly.
James Hannay, Provost Marshall, complaining that the Common
Gaol is not strong enough to secure any prisoners, ordered that
a survey be taken thereof.
Message from the Assembly that there were but just enough
Members in town to make a House, and that two of them were
engaged about the selling of negroes, for which reason they
adjourned to Tuesday next ; and that the Members then present
were of opinion that it would be very necessary the Larke
brigantine should be fitted out, and that the Treasurer had
consented to lay out money for that purpose, which they doubted
not would be consented to by the Assembly at their next meeting.
This Board being informed that it is absolutely necessary
that a guard be kept in the Leeward Forts, ordered that
Col. Haycock's Regiment be appointed, to be relieved by
Col. Holder's Regiment.
Ordered that the Colonels of the several Regiments do on
Saturday next make exact lists of their men, and report to the
President in a fortnight. [C.O. 31, 6. pp. 375-378.]
Feb. 16. 329. Journal of Assembly of Barbados. The Members
present being but thirteen, adjourned till Tuesday next. [C.O. 31,
7. p. 35.]
Feb. 17. 330. Stationer's and Postman's Account, Board of Trade,
Michaelmas to Christmas, 1702=28J. 18s. 9d.
The Secretary's Account of petty expenses, Michaelmas to
Christmas, 1702=122. 6s. 6d. [C.O. 389, 36. p. 158 ; and 388,
75. No. 67.]
Feb. 17. 331. William Popple to John Champante. The Council of
Whitehall. Trade and Plantations having received from you the account
of the Earl of Bellomont to the time of his death, doe think it
necessary that you do send to them likewise an account of the
money received and disposed of in New York for the use of the
four Companies by Capt. Nanfan, that they may be enabled to
judge what is due to the said Companies to the time of the
198 COLONIAL PAPERS.
1703.
Lord Cornbury's Agents entring upon the receipt of their sub-
sistence, and what has been saved by respits since Capt. Nanfan's
taking upon him their payment, in order to a fund for the recruits
which are now wanting. [C.O. 5, 1119. pp. 377, 378.]
Feb. 17. 332. Jno. Thrale to the Council of Trade and Plantations.
Mr. Champante's account does not reach the whole account for
the time that Lord Bellomont entred upon the Government
to the time of the Lord Cornbury's coming to it. Without
having such an account (and also of its being plaine and intelligable
do humbly presume it will be of noe effect in coming to the know-
ledge of its intended end, namely to know whether the subsistence,
offreconings and cleerings during that whole time hath been
paid to the 4 Companys (or how much), in order to which I humbly
hope that there may be such satisfactory vouchers produced as
may cleere the acct. given in charge per the Lord Renalagh during
that time. Signed, Jno. Thrale. Endorsed, Reed, Read Feb. 19,
170. Addressed. Sealed, f p. [C.O. 5, 1048. No. 32; and
5, 1119. pp. 376, 377.]
Feb. 17. 333. William Popple to John Champante. The Council of
Whitehall. Trade and Plantations having discoursed with Sir John Stanley,
do think it for Lady Bellomont's service that you do give them
to-morrow morning a list of her vouchers to the account which
you have already laid before them and on her behalf, particularising
the nature of such voucher to each article. [C.O. 5, 1119. p. 378.]
Feb. 17. 334. Minutes of Council of New Hampshire. Thomas
Hampton. Newton produced a Commission for Deputy Judge of the
Admiralty under the hand and seal of William Attwood bearing
date Nov. 10, which was read, and Newton took the oaths
appointed and subscribed the Declaration and Association.
[C.O. 5, 789. p. 141.]
[Feb. 18.] 335. Proposals from the Undertakers for producing Naval
Stores in New England for two alterations in the draft of their
Charter, to the Council of Trade and Plantations. If your
Lordships insist on the clause proposed by your Lordships relating
to stock jobbing, the Subscribers hope they may have leave
to try and .sell to such persons as are or shall be of the Company,
and pray that it may be qualified to this effect, during 3 years.
[Note in margin, 5 years.] They likewise pray their subscriptions
may be allowed to be 200,OOOZ. or more, and their stock to be raised
and employed in trade to be 100,0002. Signed, Win. Wharton,
Agent. Endorsed, Reed. Read Feb. 18, 170. 1 p. Annexed,
335. i. Estimate of charges the Undertakers for producing
Naval Stores in New England must be at for the two
first years. Total, 71,400Z. Endorsed as preceding. 1 p.
335. ii. Certificate from the Officers of the Rope Yard at
Woolwich of the goodness of the hemp and tar produced
by Mr. Bridger in New England. Signed, Thos. Rogers,
J. Barton. Endorsed as preceding. 1 p. [C.O. 5, 862.
Nos. 155, 155. i., ii. ; and (ii. only) 5, 910. pp. 402, 403.]
AMERICA AND WEST INDIES. 199
1703.
Feb. 18. 336. Journal of Council of Trade and Plantations. Mr.
Whitehall. Champante attending, declared that he can add nothing
further to the accounts which he has already laid before the
Board, but that if Capt. Matthews or Mr. Thrale do make any
objections thereunto, he will endeavour to answer them, and
in the meantime he affirmed that upon the best information
he has had, he does really believe that Capt. Nanfan has
accounted for and actually paid the subsistence of the soldiers
at New York for the time set forth in his Memorial.
Sir John Stanly again desiring that Mr. Secretary Hedges
may be certified of the Lady Bellomont's having had her account
before this Board, their Lordships represented to him the
necessity of their having also a list of her vouchers to be trans-
mitted with her account to the Lord Cornbury, though the
original may yet remain in her hands, whereupon he said he
would speak to her Ladyship to send her servant to this office
with the said vouchers and list, that they may be compared
together, and their Lordships directed that when that is done,
a certificate be prepared according to Sir John's desire, as likewise
a letter to the Lord Cornbury wherein to transmit the account
and list of vouchers aforesaid.
Mr. Graves and Mr. Prideaux attending, and being asked
what was the ground of their actions against Capt. Nanfan at
New York, they answered that it was for false imprisonment,
and further explained that the said imprisonment had been
made by Order of the Lieut. -Governor and Council ; adding
that the Lord Cornbury having proposed to them that the said
actions should be tried here, they had refused him, and persisted
still in the same opinion, because witnesses that may be useful
to them are at New York. They were directed to attend to-
morrow. Sir Mathew Dudley attended with other undertakers
for the importation of Naval Stores from America, and laid
before the Board an estimate of the charges they must be at
for the two first years of their undertaking, as also a proposal for
two alterations to be made in the draught of their Charter, and
a certificate as to the quality of the hemp and tar which
Mr. Bridger himself had made in New England, which
were read. And those gentlemen being then acquainted by
the Board that there are some papers already lodged here
in opposition to their intended design, these were read,
and copies ordered to be given them, and they were appointed
to attend again on Monday, in order to the hearing both
parties.
Feb. 19. Mr. Taylor, a servant of the Lady Bellomont, exhibited to
the Board several papers as vouchers to her account, but not
having prepared an abstract of the said vouchers proper to be
transmitted to the Lord Cornbury, he was directed to bring
copies thereof, which he promised to do against Monday or
Tuesday next, and their Lordships thereupon, at the further
desire of Sir John Stanly, certified in a letter to Mr. Secretary
Hedges, that they have no objection against his delivering the
letter for respiting her appearance at New York.
200 COLONIAL PAPERS.
1703.
Col. Lodwick having been sent for upon the motion of
Sir Jeffry Jeffrys for his opinion about the time proper to be
allowed the packet-boats under consideration to stay at New
York, declared that in his opinion it would be expedient that
from Lady Day to Michaelmas they should be allowed to stay
20 or 25 days, and from Michaelmas to Lady Day 30 or 35 days,
because the posts from thence to Virginia and Boston do in
the summer require a fortnight and in winter a month to go
and return.
Letter to the Lord Treasurer, with account, signed.
Representation to H.M. upon petitions of Newfoundland
Merchants, with letter to Mr. Secretary Hedges, signed and
dispatched.
Mr. Champante, Mr. Weaver and Capt. Hasket attending
in relation to the actions brought against Capt. Nanfan by
Mr. Graves and Prideaux, who were also present, Hasket laid
before the Board several depositions taken here against Graves
and Prideaux, and they laid before the Board an account of the
proceedings at New York. \C.O. 391, 15. pp. 429-435 ; and
391, 97. pp. 141-147.]
Feb. 19. 337. Council of Trade and Plantations to Mr. Secretary
Whitehall. Hedges. We have received the Lady Bellomont's account
(Feb. 3), and it being promised that we shall in few days have
copies of her vouchers for the said account, we have no objection
against the delivery of the letter for respiting the time of her
appearance at New Yorke. Signed, Robt. Cecill, Ph. Meadows,
Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. [C.O. 5, 1119.
p. 379.]
[Feb. 19.] 338. Copy of Depositions of Lawrence Quynes, Charles
Macarty, and John Dogett, taken before the Lord Chief Justice
Holt and the Earl of Nottingham against Mr. Graves and
Mr. Prideaux, late of the Island of Providence. (See Cal. 1701,
1702, s. v. Hasket, etc.) Endorsed, Reed, from Capt. Hasket.
19 pp. [C.O. 5, 1262. No. 23.]
Feb. 19. 339. Council of Trade and Plantations to the Lord High
Whitehall. Treasurer. Enclosing acct. of incidental charges of the Board.
Signed, Weymouth, Dartmouth, Robt. Cecill, Ph. Meadows,
Wm. Blathwayt, John Pollexfen, Mat. Prior. Annexed,
339. i. Account of incidental charges of the Council of Trade,
June 24, 1701 March 8, 1702 . . . . 1511. 6s. 2d.
March 8, 1702 Dec. 25, 1702 180Z. 14s. Qd.
Charge of Commission for adding Mr. Prior
to the Board, July 11, 1700 551.
Charge of Commission for adding Mr. Cecill,
Jan. 8, 1702 551.
The Queen's General Commission for the
whole Board, June 19, 1702 90Z. 16s. Qd.
[C.O. 389, 36. pp. 160, 161.]
AMERICA AND WEST INDIES. 201
1703.
[Feb. 19.] 340. (i) Account of the proceedings at New York relating
to the imprisonment of John Graves and Roger Prideaux.
(ii) Minutes of Council of New York, Dec. 18, 22, 24, 1701.
Quoted, (pp. 1-6.) Continues (pp. 7-11) :
(iii) Copy of petition of John Graves and R. Prideaux to Governor
Lord Cornbury. Recapitulates events in the Bahamas, Oct. 1701.
On his arriving at New York, Lt. Gov. Nanfan granted upon
Capt. Hasket's application, a warrant of commitment against
Graves without sending for, hearing or examining him, and he
was on his coming on shore immediately apprehended and carried
to prison, where he remained until the Lieutenant Governor
was pleased to send for him in Council, and then without any
examination or other proceeding discharged him, and some
few days after both Petitioners were apprehended by a warrant
from the Lt. Governor and Council, and committed to prison
without any cause shewn or examination had of any offence
against them, and after having been imprisoned a considerable
time, Petitioners were sent for before the Lt. Governor and
Council and there maliciously and falsely charged with High
Treason and Rebellion, grounded on an information full of
absurdities and obscure and general charges, stiled a Memorial
by Elias Hasket. Petitioners were then without examination of
them or sending for Hasket face to face or other cause, oath or
evidence given, by a second Order of Council, though but two
consented, committed to the custody of the Sheriff where they
have continued to this day, being near five months, in all which
time Petitioners could not obtain liberty to be heard or admitted
to bail in order to persue their intended voyage, by which practices
Hasket obtained his desired end, and without entering into
. any recognizance to prosecute petitioners, was permitted to depart
this Province, and thereby the just prosecution against him
before H.M. for his many hainous crimes etc. is prevented etc. etc.
Pray that Petitioners may be permitted to depart this Province
in order that Graves may appear before H.M. and the Lords of
Trade and Plantations and deliver his evidence and charge
against Hasket, that due prosecution may be had against him.
Signed, John Graves, Ro. Prydeaux.
(iv) Copies of Minutes of Council of New York, May 28,
June 5, 1702.
(v) Barne Cosens to Governor Lord Cornbury. In obedience
to your Excellency's command, communicated to me in a letter from
Mr. Honan, your Excellency's Private Secretary and Secretary
of the Province, to transmit to your Lordship the reason, or
by whose directions the offers made by Mr. Graves and Prideaux
to give security for the surrendering themselves to the Secretary
of State in England was not entered by me in the Council Books,
I humbly inform your Excellency of the whole proceedings :
Dec. 18, 1701. Governor Hasket preferred a Memorial to the
late Lt. Governor and Council which was then read in Council,
and Hasket sworn that that part thereof that was within his
knowledge was true, and that the rest he believed to be true.
The subject matter of the Memorial was declared by the
202 COLONIAL PAPERS.
1703.
Lt. Governor and Council to be of great importance, and was referred
to further consideration, and the Memorial ordered to be entered
in the Council Books verbatim, which I did accordingly. On the
evening of the same day the Lt. Governor and Council again
met at the house of Dr. Staats, then one of the Members of Council
(he having been so much indisposed that he could not, as he
alleged, attend at the Fort in the morning). It was ordered,
nem. con. that the High Sheriff of New York should take Graves
and Predeaux together with one Crawford into custody, and
should keep and secure them to be forth coming when sent for.
To this Order of Council I had added these words, or to this
effect [and ordered the Clerk of the Council do prepare a warrant
for that purpose immediately]. Mr. Atwood objected that
there was no occasion for any warrant of commitment, for that
an Order of Council signed by the Clerk of the Council without
any cause shewn therein was sufficient for the High Sherriff
to secure the said persons till further Order from the Council
Board. Whereon the said Order of Council passed without a
warrant, or order to prepare any. Dec. 27, 1701, the Lt. Governor
and Council being again convened at Dr. Staats' House, Graves,
Predeaux and Crawford were called in, and the Memorial of
Hasket read to them, and they were examined thereto. Either
Graves or Predeaux or both (to the best of my remembrance)
insisted on the hard usage they had, that a person displaced
for male-administration from his Government and sent home in
irons to answer the same, should be forced out of the possession of
the persons to whom the charge of him was committed, and
set at liberty, and that on this person's oath only they were
committed to gaol, when Hasket had not given any manner of
security to prosecute them for the crimes he laid to their charge ;
that the oath taken by Hasket (above) could not by any strained
construction be interpreted to be a sufficient cause of commit-
ment, when by the said Memorial it did not appear which part
thereof was within his knowledge, and wch. not, neither were
the crimes alleadged in the same, if true, sufficient to commit
them for High Treason ; they desired they might have liberty
to proceed on their intended voyage for England, and they were
ready to give security in what summ should be thought fit
for their rendering themselves to the Secretary of State, and
prayed that Hasket might do the same, or otherwise they offered
to go prisoners and in irons to England, provided that Hasket
was obliged to doe the same. They being ordered to withdraw
it was debated in Council if they should be discharged on giving
such security, or remanded. Col. Depeyster, Dr. Staats and
Mr. Walters were of this opinion. Mr. Atwood declared the
crimes laid to their charge to be High Treason, which was proved
by Hasket against them, and was a sufficient ground to commit
them, and Mr. Weaver and Mr. Atwood declared it against Law
to take any security for High Treason, and the Lieutenant Governor
joyned in opinion with them. Mr. Atwood alledging that the
Council would meet again in a day or two, and that it was
advisable that they should in the meantime be remanded to
AMERICA AND WEST INDIES. 203
1703.
gaol, and that the Lieut. -Governor and Council against
next Council Day might consider what was proper to be done,
it was ordered that they should be remanded, and Mr. Atwood
at the request of the Lieut.-Governor and Council dictated the
Order of Council of Dec. 22, 1701, to me, which I read, and the
same was approved by the Lt. Governor and Council. On Dec. 24.
the Lieut. Governor and Council met again in Council at the
Fort in New York, where, to the best of this Deponent's remem-
brance, Mr. Graves appeared and prayed one Downing, a marriner
in the vessel they arrived in, might be sworn, who, being sworn,
declared that Hasket had offered him a considerable reward on his
arrival here, if he would throw a box Mr. Graves' papers were in over-
board, and give Hasket the largest packet therein, but he refused.
Afterwards they being withdrawn, the Lieut.-Governor and Council
ordered me to enter the Minute of Council of Dec. 24, which I
entered accordingly. After this, when the Council were sitting,
sometimes Mr. Graves and sometimes Mr. Predeaux came to
me with a repetition to the Lieutenant Governor, or the
Lieutenant Governor and Council, which were delivered or read
by me to the Lieutenant Governor and Council by their order.
These petitions (I remember not the contents of) but was ordered
by the Lieutenant Governor and Council to take no notice of
them in the Council Books. New York, Sept. 21, 1702. Signed,
B. Cosens, Cl. Concilii. Sworn before Tho. Noell, Mayor of New
York. The whole endorsed, Reed. Feb. 19, 1702. 22 pp.
[(7.0. 5, 1048. #os. 33. i.-v.]
[Feb. 19.] 341. Memorandum of three Depositions taken before the
Lord Chief Justice Holt and the Earl of Nottingham against
Mr. Graves and Mr. Prideux. J p. [C.O. 5, 1048. No. 33. A.]
Feb. 19. 342. Council of Trade and Plantations to Mr. Secretary
Whitehall. Hedges. Pursuant to your signification of H.M. commands in
relation to the petitions of the merchants of Poole and others
concerned in the Newfoundland trade and fishery, we have heard
and considered what has been offered to us, and being very much
importuned by the merchants to despatch our report thereupon,
we send you the same here enclosed that you may please to lay
it before H.M. on Sunday next or by the first opportunity.
Signed, Weymouth, Dartmouth, Robt. Cecil, Ph. Meadows,
Wm. Blathwayt, John Pollexfen, Mat. Prior. Annexed,
342. i. Council of Trade and Plantations to the Queen. Having
in obedience to yr. Majesty's commands considered the
Petitions of the Merchants of Poole trading to Newfound-
land, and of the inhabitants of Carboneer, one of the
principall harbours there, together with a Memorial
presented to us by several other Merchants concerned in
that trade, we thereupon humbly report : that the said
petitioners and merchants do humbly pray that yr. Majesty
would graciously please to appoint two or more ships
of warr to convoy their fishing ships to Newfoundland,
which they design to have ready to saile in the month
204 COLONIAL PAPERS.
1703.
of March ; that another convoy be ordered for their
sack ships to sail in May next, and that they may have
protections for all their men, both sailing and fishing
crews ; that they likewise set forth that Trinity Bay,
being but three miles overland from Placentia, the chief
fort of the French, your Majesty's subjects in those parts
have frequently been insulted by the French, who in
November last plundered the north side of that Bay
and carried away several famillys prisoners ; and for
prevention of the like mischief for the future, and the
better security of the fishing of that Bay they further
humbly desire that a fort may be built there at a con-
venient place, with 20 or 30 guns, and that 40 or 50
soldiers with officers be also sent thither, and 100 small
arms, ammunition and what else may be necessary
for the said fort, which with the assistance of the
inhabitants of that, and the neighbouring harbours
(who they propose should be under command of the
said officers in the winter season), they believe will be
very useful to defend them against any attempts the
French may make there hereafter. They further add
that Carboneer, a considerable fishing place in Conception
Bay, being also in danger of insults from the French,
it may be necessary that it be in like manner fortified,
and alledge that the same may be done at a small charge.
Upon consideration whereof, and upon hearing the said
petitioners and merchants, we humbly propose that
two or more men-of-war be appointed to convoy the
the fishing ships, and two others for the sack ships
imployed in that trade and do humbly conceive that
for the better security thereof in the time of war, it is
necessary that the two first should saile before the
end of the next month, and that notice be given to the
Ports of Barnstable, Biddiford and other Western
towns trading to Newfoundland at what time and in
what port of England or Ireland the said ships shall
rendezvous in order to their proceeding under the
protection of the said convoy ; as likewise that the
ships from Barnstable, Bristol and Biddiford may
have some cruiser appointed to convoy them to the
rendezvous as his Royal Highness the Lord High
Admiral shall please to direct. We likewise humbly
offer that the men-of-war to be appointed for convoys
of the sack ships may saile in the month of May next,
and that notice thereof be given in like manner as for
the fishing ships. And whereas the salt imployed
in this fishery is chiefly supply'd from Portugal, we
further humbly report that the merchants do likewise
desire that a convoy be ordered for their salt ships
from Lisbon to Newfoundland, which we think very
necessary to be taken care of. As to the forementioned
forts, it not sufficiently appearing unto us whether
AMERICA AND WEST INDIES. 205
1703.
the places, where the merchants desire they may be
erected, be such as to defend the said harbours from
attacks by sea, and the settlements from attacks by
land, we are humbly of opinion that your Majesty
may be pleased to order the Commodore or some officer
to be appointed by him, to take on board the engineer
from St. John's Harbour, and with him to view the
said places, and report to your Majesty how the same
are fitted for such fortifications, and what may be the
charge thereof ; whereupon your Majesty will give such
directions therein as to your great wisdom shall seem meet,
and that in the meantime your Maj. would order the
said Commodore to do all that in him lies to protect
your Majesty's subjects in those harbours, and to put
them into as good a state of defence as may be, for
the present. Signed, Weymouth, Dartmouth, Robt.
Cecil, Ph. Meadows, Wm. Blathwayt, John Pollexfen,
Mat. Prior. [C.O. 195, 3. pp. 160-164.]
Feb. 19. 343. Minutes of Council of Jamaica. The Governor
St. Jago de acquainted the Board that there was the Ensign and his wife
a Vega. an( j some men o f the Company that came from New England
(the four men with the small pox upon them) come to
Towne, and that to prevent their perishing, he had taken care
that they was put out to nurse att 15s. a week each. And
thereupon required the opinion of the Board how the charge
should be paid, who gave their opinion that the charge and also
the subsistence of the Ensign and his wife att 40s. a week for
both be paid out of the Revenue till a fund comes or is raised
to reimburse the same to the Revenue.
Feb. 20. 60?. paid to Nicholas Lawes for six months salary as Chief
Justice, and 150?. for a bed and furniture of a room, bought of
him for the use of the Governor.
Accounts of Harvey Nicholls, Deputy Marshall, referred to
Committee. [C.O. 140, 6. pp. 130, 131.]
Feb. 20. 344. Minutes of Council in Assembly of Jamaica. Message
from the House sent down that the Justices of the Peace of
Port Royal have leave to join with the other Justices of that
place to give an account of their proceedings persuant to the
two Acts of last Assembly for paying the public debts and sub-
sisting the soldiers. They also requested H.E. to send them a
plan of Kingston as it is laid down by Col. Christian Lilly. These
requests were granted.
Ordered that any member of this Board that for the future
absents himself without leave, or does not give a reasonable
excuse, shall be sent for by the Messenger.
Col. Lilly being sent for and bringing the plan referred to above,
it was sent to the Assembly.
Conference of the Members of the two Houses who were
Members of the Corporation of the Bath of St. Thomas appointed.
Bill to invest H-M. in lands in Kingston for the reception of
206 COLONIAL PAPERS.
1703.
the sufferers by the late dreadful fire at Port Royal, declaring
Kingston to be the Cheife Seat of Trade and head Port of Entry,
and fortifying West Chester, sent up.
Monday. Joint-Committee appointed to confer concerning the taking
[Feb. 22.] care of H.M. soldiers.
The House desired to know what is become of the Bill above-
mentioned, the passing of that Law requiring the greatest
dispatch for the preservation of this H.M. Island and her subjects,
late sufferers on Port Royall, for that the Grand Court being to
meet to-morrow it will be very inconvenient that the Assembly
should sitt at the same time with that Court. Message returned
that the Council have moved the Governor that there may be a
full Council at the reading of that Bill, and he had accordingly
ordered a full Council to meet on Wednesday, and that in regard
the Grand Court is to meet to-morrow, the House has liberty
to adjourn to the old Council Chamber. A Conference was
held at the desire of the House, and it was reported from the
Conference that the House desired it upon account of a mistake
that they supposed the latter part of the last message to come
to them from the Council, which the Committee of this Board
convinced them of the contrary, acquainting them that the
latter part of the said message was purely sent from the Governor.
[C.O. 140, 6. pp. 439-443.]
[Feb. 21.] 345. Copy of a Bill before the House of Commons for the
better carrying on the war by sea and land in West Indies. Be
it enacted that it shall and may be lawful for H.M. by Charter or
Commission under the Great Seal to grant and allow such powers,
priviledges, securities and advantages, to all such persons, Bodys
Politick or Corporate, Companies or particular partnerships of
men, whether Natives or Foreigners, as shall be willing to con-
tribute towards taking and seizing any of the ship or effects of
or belonging to the subjects of France or Spain upon the seas,
or towards seizing or possessing any lands, citys, or other effects
of France or Spain at sea, or in the Indies, as she in her Royal
wisdom shall think fit. And whereas it is of late found by
experience that the scarcity of English seamen hath been a great
obstruction to the effectual carrying on the warrs by sea as
likewise of the general Trade and Navigation of this Kingdom,
Be it enacted that from and after the first day of May, 1703,
for and during the continuance of the present warr with France
and Spain, untill six months after the expiration thereof and
Proclamation of the Peace or other determination of Acts of
hostility, as shall be agreed on by any Treaty of Peace, it shall
and may be lawful for any of the subjects of this Kingdom in
their ships or vessels to employ any number or numbers of foreign
seamen without limitation of number or quality, the Act of
Parliament intituled the Act for the encouraging and increasing
of shipping and navigation, or any other law, custom or usage
to the contrary in any wise notwithstanding ; And to the end
that all manner of persons may be the better incouraged not
only to contribute and adventure their moneys or effects, but
AMERICA AND WEST INDIES. 207
1703.
likewise their persons in the prosecuting that part of this just
and necessary war, which relates to the seas and to the Indies,
Be it enacted that for and during the present Warr all such
Foreigners as shall serve H.M., whether by sea or by land in the
Indies for one whole year or more, and shall likewise take the
oath of Fidelity to H.M. appointed by the Act for abrogating
the oath of Supremacy and Allegiance, shall be hereby rendered
capable of having and enjoying the same priviledges with the
natural-born subjects of this Kingdom in all H.M. Colonies and
Territorys in the West Indies only. Endorsed, Reed. Feb. 21, 170|.
2 pp. [C.O. 323, 5. No. 6.]
Feb. 22. 346. William Popple to Mr. Taylour. The Council of Trade
Whitehall. an( j plantations having transmitted to the Lord Cornbury a
copy of Lady Bellomont's account and vouchers, they have
ordered me to desire you to acquaint her Ladyship that it is
necessary for H.M. service as well as her Ladyship's ease that
she give order to her Agent there to attend his Lordship and
the Council for the better explaining the several particulars of
the said account, whereof a Report is to be made by his
Lordship to H.M. [C.O. 5, 1119. pp. 380, 381.]
Feb. 22. 347. Council of Trade and Plantations to Governor Lord
Whitehall. Cornbury. Since yours of Jan. 26, we have received several
from your Lordship all dated in Dec. last ; the particular subjects
both of them and your former, we shall answer fully very soon.
At present we will only acquaint you that the Countess of
Bellomont having petitioned H.M. that the security she has
given at New York for her appearance there in April next may
be discharged, the consideration of which H.M- was pleased to
refer to us, and we having thereupon offered our opinion for
respiting the time of her appearance for six months after the
expiration of the time now appointed, and her Ladyship having
also laid before us her accounts for the whole time of the Earl of
Bellomont's administration in the Government of that Province,
and given us a copy of the vouchers which she intends to make
use of in justification of her account, a letter has thereupon been
dispatched by Mr. Secretary Hedges, signifying H.M. pleasure
that six months longer time be granted for the appearance of
her Ladyship, or her lawful Attorney at New York, in reference
to the public demands, and that in the meantime her sureties
be not prosecuted for her default, which letter will be transmitted
to you by her Ladyship or her Agent. We have also thought
fit to send you copies of all the foresaid papers which have past
through our hands, that your Lordship may examine the said
account in Council, and return to us your objections (if any)
thereunto for H.M. final directions in that matter. Signed,
Weymouth, Robt. Cecill, Ph. Meadows, William Blathwayt,
Jno. Pollexfen, Mat. Prior. P.S. We are informed of divers
severe prosecutions in New York upon occasion of the late Govern-
ment and former Resentments, whereupon we remind your Lordship
of what we enjoyned you, as we have often done to your
208 COLONIAL PAPERS.
1703.
Predecessors, that you should no way countenance the retaliation of
former injuries, but by all fair means contribute your endeavours
for the quieting the minds of the people.
March 25. We herewith send you four letters from the Earl of Nottingham
relating to the French and Spaniards, not doubting of your care
in observing the directions hereby given you within H.M.
Provinces under your Government. We likewise inclose herein
a letter to the Governour and Company of Connecticut and another
to Governor Dudley, in the sending forwards of which we in treat
your Lordship's care. \_C.O. 5, 1119. pp. 381-383.]
Feb. 22. 348. J. Burchett to William Popple. H-M. has been pleased
Admiralty to referr to the consideration of the Prince, the Lord High Admiral,
fice ' the Memorials of the Lords of the Council for Trade, in relation
to convoys for the ships bound from hence and Portugal to
Newfoundland. H.R.H. hath been informed that the outward
bound ships to those parts, especially those that sail from the
out ports, have frequently taken the opportunity, as they were
ready, to sayle without convoy, and not knowing but they may
take the same measures now, which if they do, the ships you
propose for the said convoy will be employed to little or no
purpose, and H.R.H. not knowing what trade is bound that
way from Portugal, I am commanded to desire that you will
move the Lords of the Council for these affaires to give H.H. an
account what fishing ships, and sack ships, are bound from the
ports of this kingdome to Newfoundland, and whether it may
be depended on they will stay for convoy ; as also what numbers
of ships are now designed thither from Portugall ; for as all
possible care will be taken for the security of this trade, soe
would his Highness not willingly employ H.M-'s ships unnecessarily
therein, since there are so many other services that pressingly
call for them. And as for the security of the fishing ships and
vessells when they shall have made their voyage, Rear Admiral
Graydon, who is going to command the West Indian Squadron,
has full instruction therein, with respect as well to those bound
to England, as Portugal. Signed, J. Burchett. Endorsed,
Reed. Read Feb. 23, 170|. If pp. [C.O. 194, 2. No. 94 ; and
195, 3. pp. 165, 166.]
Feb. 22. 349. List of the vouchers to Lady Bellomont's accounts.
Endorsed, Reed. Read Feb. 22, 170f. 4| pp. [C.O. 5, 1048.
No. 34.]
Feb. 22. 350. Journal of Council of Trade and Plantations. Letter
Whitehall, to the Earl of Nottingham written.
Mr. Taylor delivered to the Board several papers as vouchers
to Lady Bellomont's account. Whereupon their Lordships
wrote a letter to Lord Cornbury wherein to transmit them etc.
The Secretary wrote to Mr. Champante, and the letter was
given to Mr. Taylor.
Sir Matthew Dudley with divers other persons concerned in
the undertaking for Naval Stores attending, with Sir Thomas
Powys, on one side, and Mr. Phipps with the merchants who
AMERICA AND WEST INDIES. 209
1703.
have petitioned against the granting a charter for that purpose
and others opposing the same, on the other, both sides were
fully heard, and the names of several subscribers as well in New
England as here being read, the objectors observed that divers
of them since their first subscribing the same, had declined to
be any further concerned therein, and objected that the design
of such a Charter seemed rather to be calculated for monopolating
the trade of that country, than for importing Naval Stores from
thence, it being impossible for any private person to cope in trade
with a Corporation supported by so great a stock as this was
intended to be ; and they therefore desired at least that the
granting of any such Charter be deferred till the Government of
New England may have been informed thereof and their answer
received. The other party replied, that it be so long since this
design has been in view, the not importing of such quantities of
Naval Stores by private persons as may be sufficient is a proof
that it cannot be done in that manner, and that nothing but a
joint-stock managed by a Corporation is sufficient to do it ; the
Charter now under consideration is not intended to be exclusive of
any, and that such persons as apprehended prejudice by the large-
ness of the Company's Stock may themselves have liberty to come
into it, and partake of the advantage which shall accrue thereby.
All the foresaid Parties being withdrawn, their Lordships
ordered a compleat copy to be made of the Charter under con-
sideration (with such alterations and additions as have been
already directed) in order to their further Resolution upon it.
Feb. 23. Letters to Governor Codrington, Secretary Handasyd and to
the President and Council of Barbados were signed and ordered
to be sent by Mr. Dummer's Packet Boat now about to sayle.
Letter from Lord Nottingham read, and an answer returned.
Letter from Mr. Burchet relating to Newfoundland ships read,
and thereupon ordered that circular letters be written to the
Mayors of the out Ports, and that the Newfoundland merchants
of this City be desired to attend this Board to-morrow.
Letter from Mr. Thrale read.
Letter to Lord Nottingham upon Sir J. Jeffrys' petition ordered.
Feb. 24. Sir Wm. Phippard and other Newfoundland merchants
attending, and Mr. Burchet' s letter of Feb. 22 being com-
municated to them, they laid before their Lordships a Memorial
relating to convoys for that trade, together with a list of the
ships that they now understand to be designed thither, as well
directly from hence as from Portugal with salt, which was read ;
and they added that if they can be assured of a convoy and ot
protections for their men, the number of fishing ships will probably
be much greater, and that the sack ships will consequently be
increased in the same proportion. Upon which their Lordships
gave directions for an answer to be returned to Mr. Burchet's
foresaid letter. [(7.0. 391, 15. pp. 435-446 ; and 391, 97.
pp. 149-163.]
Feb. 23. 351. John Thrale to the Council of Trade and Plantations.
I humbly pray your Lordships to move H.M., in behalf of
Wt. 27041, C 14
210
COLONIAL PAPERS.
1703.
H.M. Colony of Virginia, that H.M. would be graciously pleased to
send them over H-M. picture, to be sett up in their Councill
Chamber, as also H.M. coate of arms for the Supreme Court,
as hath bin usual to all H.M. Colonys. And farther request
your Lordships that the like may be don for H.M. Province of
New York. Signed, Jno. Thrale. Endorsed, Reed. Read Feb. 23,
170|
Addressed. | p. [(7.0. 5, 1313. No. 14.]
p. [C.O. 5, 1048.
Feb. 23. 352. Memorandum of preceding.
No. 30.]
Feb. 23. 353. Council of Trade and Plantations to the President and
Whitehall. Council of Barbados. We hope that before the arrival of the
packet-boat by which this letter goes, you will have Sir Bevill
Granville with you, he being now on board one of H.M. Frigats
at Plymouth in order thereunto, by whom you will be fully
acquainted with her Majesty's pleasure relating to the Government
of Barbados. However, we would not faile of letting you know
that there is nothing depending before us relating to that Govern-
ment more than the informing H.M. of the expence the Island
has been at in securing their Trade, the guns and stores of warr
desired being now aboard the store ships sailing for those parts.
Signed, Robt. Cecill, Ph. Meadows, Wm. Blathwayt, Jno.
Pollexfen, Mat. Prior. [C.O. 29, 8. pp. 286, 287.]
Feb. 23. 354. Council of Trade and Plantations to Thomas Handasyde.
We have understood from other hands that you have received
her Majesty's Commission constituting you her Lieut. -Governour
and Commander-in-Cheif of her Island of Jamaica ; and hope
we shall in a short time have the same account from your self,
as likewise of all matters relating to that Government. And in
order to it we recommend 'to your perusal, the Commission and
Instructions given to former Governours which you are strictly
to observe. You will omitt no opportunity of writing to us
either by the packet-boat or other conveyance. Signed, Robt.
Cecil, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior.
[C.O. 138, 10. p. 409.]
Feb. 23. 355. Council of Trade and Plantations to Governor
Whitehall. Codrington. We have not received any letter from you since
our last of Jan. 26, so only take the opportunity of this pacquet-
boat to acquaint you that the several Acts of the Leeward Islands
transmitted by you (amongst which there is one concerns your-
self) are under consideration, and will be soon dispatched. We
are in expectation of the particular account of all affairs in your
Government, which you promised to send us from Antegoa, and
do notfin the meantime doubt of their being in good order, and of
your continued care to keep them so, which we always think it
our part to recommend to you. As to your Furlow, we refer that
to your other friends and correspondents, and so bid you heartily
* "farewell. Your very loving friends, Signed, Robt. Cecil, Ph.
Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior. [C.O. 153,
8. p. 138.]
AMERICA AND WEST INDIES. 211
1703.
Feb. 23. 356. Council of Trade and Plantations to the Earl of
Whitehall. Nottingham. Having amongst other instructions prepared one
for the Earl of Peterborow for settling the Revenue in Jamaica
which is expiring, we think it absolutely necessary that the same
be forthwith renewed to Coll. Handersyde and the Commander-in-
Cheif of Jamaica for the time being, for which purpose we send
your Lordship here inclosed a copy of the said instruction that
you may please to lay it before her Majesty for her Royal Signature
if your Lordships shall so think fit. Signed, Weymouth, Rob.
Cecill, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat.
Prior.
P.S. We pray at the same time that a duplicate may be sent
to us of the private letter intended for my Lord Peterborow on
this occasion, that we may transmit the same to Collonel
Handersyde. Annexed,
356. i. The Queen to Colonel Handersyde. Whereas there
was an Act past by the late Duke of Albemarle in the
General Assembly of our Island of Jamaica in the year
1688 for raising a publick Revenue to the King his heirs
and successors for the support of the Government of that
Island ; but upon complaints made by some Planters
and Merchants of the said Island about the elections of
Members for that Assembly and upon their humble
petition to his late Majesty in Councill, that the said
Act and all other Acts of the said Assembly might be
declared null and voyd (tho' the Duke of Albemarle
on the other side did by his letters alledge many things
in justification of the proceeding of that Assembly),
We as well as our late dear brother have hitherto out
of great tenderness to our subjects there, and for quieting
animosities amongst them, and putting an end to all
disputes concerning the said Assembly, forborn to
confirm the foresaid Acts, and expected they would
thereby have been induced to lay aside their private
differences, and unanimously have joyned in expressing
their duty to us by passing a new Act to the same
effect ; But whereas they have all this while neglected
to comply with the admonitions given them by the
late Earl of Inchiquin and afterward by Sir William
Beeston, late Governour of that Island in that behalf ;
and the approaching term of the Act of Revenue past
in 1683, making it necessary that some resolution be
speedily taken upon the foresaid Act, past by the
Duke of Albemarle in 1688, You are to signify to our
Councill and the General Assembly of our Island of
Jamaica, that we doe think fit to allow untill the month
of November next within which time they may pass and
offer to us such other Act for settling our Revenue there as
may be fit to receive our royal approbation ; according
to which we shall extend our royall confirmation of all
the Acts already confirmed for the space of 21 years
with the foresaid temporary Act of Revenue, but that
212
COLONIAL PAPERS.
1703.
Feb. 23.
Whitehall.
Feb. 23.
Whitehall.
Feb. 23.
Feb. 23.
Feb. 24.
London.
withall we do expressly declare, that in case they shall
not within the same term comply with our expectation
herein, we shall find ourselves obliged to give our royal
confirmation to the aforesaid Act past in the year 1688.
[G.O. 138, 10. pp. 405-408.]
357. Earl of Nottingham to the Council of Trade and
Plantations. Major Francis Rose being recommended to succeed
in the present vacancy of a Counsellor in Jamaica, I must desire
you to tell me if you have any objection to it, that I may accordingly
receive her Majestie's pleasure therein. Signed, Nottingham.
Endorsed, Reed. Read Feb. 23, 170|. 1 p. [C.0. 137, 5. No. 97 ;
and 138, 10. p. 403.]
358. Council of Trade and Plantations to the Earl of
Nottingham. In answer to your Lordship's letter of this day
concerning Major Francis Rose to fill up the present vacancy in
her Majesties Councill of Jamaica, confined to the number of
twelve, we inclose to your Lordship a list of such persons as
have been recommended to us by former Governours, for supplying
of vacancies, amongst whom we find Major Francis Rose, and
have no objection against him or any other of the persons men-
tioned in the said list. Signed, Robert Cecill, Ph. Meadows,
Wm. Blathwayt, John Pollexfen, Mat. Prior. [(7.0. 138, 10.
p. 404.]
359. Minutes of Council of Barbados. Various salaries of
gunners, etc. paid.
The Board having met this day at the request of the Assembly
upon their last adjournment, sent to know if they were a House,
in order to communicate to them some matters of great importance
for the service of the Island, but they fail'd to meet to make a
house, notwithstanding it was upon their own adjournment.
[C.O. 31, 8. pp. 1-4.]
360. Journal of Assembly of Barbados. The members present
being but 14, adjourned till Tuesday next. [(7.0.31,7. p. 36.]
361 . Newfoundland Merchants to the Council of Trade and
Plantations. In obedience to your Lordships' commands of
yesterday's date, we humbly offer that it's our opinion, that
no one of our ships bound to Newfoundland will run without
convoy, when they can have one, and where any have runn, it
hath been to prevent the ruine of their voyage, as we have
experienced that when a convoy hath been appointed to depart
in March or April it hath been June or July ere the convoy hath
sailed, which hath ruined the fishing voyages, and hath been
a great loss to the concerned, but if a convoy may be depended
on that will sail from the Downes with the first fair wind after
the last of March next, and that my Lord High Admiral will be
, pleased forthwith to grant us protection for our men, that we
may begin to fitt out our ships, we may assure your Lordships not
AMERICA AND WEST INDIES. 213
1703.
any ship will run without a convoy. May it please your Lordships,
the convoy to saile the last of March next is for the fishing ships,
and that for the sacks to saile from the Downes with the first
fair wind after the last of May, and as to the ships that design
with salt from Lisbon they are several, and there will be some from
the Northern Channell when they shall know there's a convoy
appointed. It is still our opinion, that unless those harbours
of Trinity and Carboniere be fortified, or that we dispossess the
French of Placentia and fortify the same, the Newfoundland
trade will be lost, and unless we have protections in a few days
wee shall not be able to get our ship ready. Signed, Solomon
Merrett, Ja. Campbell, Win. Taverner, Simon Cole, Wm. Brooke.
Endorsed, Reed. Read Feb. 4, 170|. 1 p. Enclosed,
361. i. List of ships at present known to be designed for
Newfoundland. Total, about 40 ships from various
ports. p. [C.O. 194, 2. Nos. 95, 95.L ; and 195, 3.
pp. 166-168.]
Feb. 24. 362. Governor Codrington to [? the Earl of Nottingham].
Antigua. I a m at this time under so inexpressible a concern that I know
not well what to write to your Lordship, or whether I ought
to write at all the verry dating of my letter from Antigua,
when your Lordship might expect I should give you an account
of my haveing reduced some French Island, will let your Lordship
into the reason of it. 'Tis now above five weeks since the
Commodore writ me from Barbados he would sayle in two or three
days from thence, notwithstanding which he arrived heare but
fouer days ago, aboundance of the soldiers and seamen are dead
and the rest soe sickly they are scarce fit for servis, many officers,
and the best as I am told, are gon of, nor could better be expected
from their long stay at Barbados, where the planters think the
best way to make their strangers welcome is to murther them
with drinking ; the tenth part of that strong liquor which will
scarce warme the blood of our West Indians, who have bodies
like Egyptian mummys, must certainly dispatch a new-comer
to the other world ; my poore Islanders which it has cost me a
great deale of paines and expence to get together have been
miserably crouded in little sloopes like ballast for above three
weeks. I am soe little pleased with the state of things, that I
would not concerne myself e in any expedition, but that there is a
necessity of landing the men to find them fresh provisions, which
cannot be done but on a French Island ; the badness of the sea-
provisions, of which a strange account is given me, has beene
the cheife reason of the sickness amongst the private men, for
Barbados as well as these Islands are verry healthy. My Lord,
my head and heart are soe full that 1 should trouble your Lord-
ships with verry uncomfortable reflections, if I would allow myself e
to be particular. But I expect my Lord Peeterborough every
day, and when he has made his inquierys he will certainly write
to your Lordship with that liberty which will be better taken
from him then from me. If I had had the command of the Fleet
and forces at their first arrival!, when they ware above a thousand
214 COLONIAL PAPERS.
1703.
stronger then they are now, I might have done verry important
servis. I should certainly have carried Martineco, above 1,800
of theire best men being then out in privateers, which are now
all called in. This is an opportunity that we shall not probably
have during the whole war agen, the most I can now pretend
to is to attack Guardaloupe, and our great ships are so foule and
unfit for servis without any light frigates to attend them, that
even this attempt will goe on verry awkwardly and heavily. I
believe, my Lord, I know what can or cannot be done in these parts
better than any man liveing ; my intilligence has cost me a
great deale of inquiery and some hundreds of pistoles, and I can
say without vanity I can lay my finger on the point and act
without guessing, but 'tis to little purpose for a Commander to
have his scheme in his head, if he has it not in his power to
execute it. If I escape from this expedition, and H.M. shall
think fit to employ me agen, I must beg leave to have the conduct
of the enterprise from the beginning, one false step ruins the
whole expedition ; in Europe there may be roome for a back
game, but here the design must be laid well and fully at first,
and then vigorously executed, for delays will cost more men
then the warmest actions. Signed, Chr. Codrington. Endorsed,
E. June 1, 1703. 2 pp. [(7.0. 7, 1. No. 3.]
Feb. 24. 363. Minutes of Council in Assembly of Jamaica. The Bill
St. Jago de to invest H.M. etc. (see Feb. 20) was read the first time and com-
Vega, mjtted. Instructions for the Committee : It is the unanimous
opinion of this Board that it does not lye in the power of the
Assembly to appoint any of the Gentlemen of this Board to be
Commissioners in any Act without their consent first had and
obtained ; that a clause be brought in to prevent any new store-
houses, taverns or market within two miles to the eastward or
westward of the town. Memorandum, to have regard to the
merchants settled on Kingston, viz. Col. Beckford, Heathcote,
Nazerau and Caillard.
Feb. 25. The Governor sent a message to the House requiring the
Minutes of the House the last three days. The Speaker said he
would immediately order the Clerk of the Assembly to copy them
out. About half an hour past 1 1 , the Minutes not being brought,
the Governor sent to know when he might expect them. The
Speaker answered, the Clerk of the Assembly was writing them
out with all expedition, but having been something backwards
in the Entry of the Minutes, he believed it would be after dinner
before it could be done, and that as soon as done, he would wait
on the Governor with them.
Bills to enable Commissioners to sell lands and tenements
for the payment of the debts and legacys of Sir Thomas Modyford,
Bart., deed., and for confirming the last will and testament of
Anthony Wood, late of Port Royall, deed., were sent up, read a
first time and committed.
The Governor communicated to the Board the Minutes he had
received of the three last days' proceedings of the Assembly,
wherein he takes notice of the votes they had past (1) that no
AMERICA AND WEST INDIBS. 215
1703.
officer, except Governor or Lieut. -Governor, shall be capable of
holding or executing any civil Power or authority in this Island ;
(2) that the officers should have no money from the country ;
(3) that the private centinells att Port Royall be maintained
there att noe more than 14s. per month hi lieu of quarters, which
he told the Board together with their pay could not anyway be
sufficient to maintain either the officers or soldiers, in this dear
country. He therefore prayed the advice of the Board, what
methods should be taken, that the officers and soldiers might be
enabled to live and subsist themselves. The Council gave their
opinion that the votes were previous to a Law to be brought in
by the House, which when brought to this Board, and such amend-
ments as the Council might think fit for the subsistence of H.M.
officers and soldiers should not be agreed to by the Assembly,
it might be rejected by this Board, and prayed that the Governor
would be pleased to suspend his resentment in the mean time.
Feb. 26. Two Bills, sent up yesterday, were read a second time.
Adjourned to 6 in the morning.
[? Feb. 27.] Met and adjourned to 3 p.m. [(7.0. 140, 6. pp. 443-447.]
Feb. 24. 364. Minutes of Council of Virginia. H.E. laid before the
Royal College Council letters from the President of the Council of Maryland
d acquainting H.E. that all the ships in that Province will be
ready to sail by March 15 or 20, and that the masters petitioned
for Capt. Moody to stay till that time to take them under his
convoy. Several petitions to that effect laid before the Board.
Advised, that it will very much conduce to H.M. service, the
advancement of H.M. Revenue, the good of H.M. subjects and
the safety of the said ships that Capt. Moodie stay some time
longer than the time formerly appointed, in regard there are
28 Masters of ships in this Colony and the Province of Maryland,
who have now petitioned and will be ready to sail in a short
time, and no other convoy can suddenly be expected here ;
that H.E. therefore issue his orders to Capt. Moodie to stay
till March 18 and take the said ships under his convoy, and that
he be required to send an immediate answer, whether he will
do so. H.E. acquainted the Council that if he shall refuse to
stay till March 18, he did not think fit to permit any of the ships
to go with him, and it is thereupon ordered that the said ships
shall sail together on March 18, whether they have a convoy
or not. H.E. communicated a letter which he wrote to
Capt. Moodie 19th hist, requiring him to be present at this Council
or that he should send his Lieutenant and his purser, and that
he expected to have seen some of them here, and also that
Capt. Moodie should have sent a copy of his Journal as by a
former order he was directed. Ordered that Capt. Moodie be
again required to send to H-E. a copy of his said Journal. H.E.
declared that if Capt. Moodie's Purser shall want further credit
for provisions the better to enable him to stay till the departure
of the Fleet, H-E. will supply him, and ordered that notice be given
to Capt. Moodie thereof. Ordered that the Collectors give
notice to the ships of the time of sailing.
216 COLONIAL PAPERS.
1703.
Letter from Capt. Moodie, Feb. 9th, read, intimating that he
understood the Masters of the Merchant ships expected longer
time, grounding their opinion on that part of H.E.'s order to the
Naval Officers that those who could not get ready by Feb. 24th
(were) to give H.E. notice thereof ; and therefore he gives notice
that he intends to sail on the day appointed, Feb. 24, there being
a necessity for his so doing, by reason of want of provisions and
cordage. H.E. did thereupon declare that he was very well
satisfied that the orders he hath given to the Naval Officers
were for H.M. service, but thought it was no concern of
Capt. Moodie's to question them ; that as to his want of provisions,
H. E. hath already declared that he will supply him, and as for
cordage, he believes he cannot suffer much more on that account
for staying 18 days beyond his time, when it may bring such an
advantage to H.M. Revenue and the good of her subjects.
Upon representation from the Court of King William County
that at a Court held for the said County, several indictments
were exhibited against Tho. Fentham, Robert Napier, James
Johnson and William Baker, vizt., 5 against Fentham for forgery,
and five for perjury and two against Johnson for perjury, the
Court being doubtful that it might not be within their Jurisdiction
(especially the forgery, for which if convicted the Party to have
his ears cut off), Ordered that execution of the sentence be
suspended till General Court.
Upon a petition of Nathaniel West, he was referred to take
his remedy as the Law directs, the matter not lying before this
Board.
Petition of Isaac Haggomon, of the County of Northampton,
was remitted to the County Court.
Littlebury Epps was sworn as Deputy Collector of the Upper
District of James River. [C.O. 5, 1409. pp. 279-283 ; and 5,
1412. pp. 34-38.]
[Feb. 25.] 365. Petition of sundry Merchants trading to Virginia to
H.R.H. the Lord High Admiral. Desire that the convoy may
forthwith depart, and stay in Virginia 3 months after arrival to
bring home all ships that shall then be ready. 22 Signatures.
Endorsed, R. Feb. 25, 1702(3). Enclosed,
365. i. List of 32 Virginia ships at Gravesend and in the Downes
ready to sail. 1 p. [C.O. 5, 1340. Nos. 1., l.i.]
[? Feb. 25.] 366. Micajah Perry to [? the Council of Trade and Plantations].
Desiring that H.M. picture and coat of arms may be granted
for the use of the Government of Virginia as is usual, they having
the picture of the late King already. Signed, Micajah Perry.
Endorsed, Reed. Read Feb. 25, 170. 1 p. [C.O. 5, 1313.
No. 15.]
Feb. 25. 367. Private Instructions for our trusty and wellbeloved
Thomas Handaside, Esqr., our Lieutenant Governour and Com-
mander in Cheif of our Island of Jamaica, or for the Commander
in Cheif of the said Island for the time being. Given at our
AMERICA AND WEST INDIES. 217
1703.
Court at St. James the 25th day of February, 170, in the first
year of our reign. Whereas our most dear brother, the late
King William III, upon some representations made unto him,
concerning an Act past by the late Duke' of Albemarle, in the
General Assembly of that our Island of Jamaica, in the year 1688,
intituled an Act for raising a publick Revenue to the King his
heirs and successors for the support of the Government of that
Island, did think fit by severall instructions, to direct Sir William
Beeston, and afterwards William Selwyn, Esq., Captains General
and Governor-in-Cheif of that Island to declare that in case the
General Assembly could not be induced to make the said Revenue
perpetual, but were willing to pass the same for the term of 21
years, or a longer term by a new Act, that then the said Governours
should give their assent thereunto, and not for any shorter term,
with assurance to the Council! and General Assembly of his
Majesties allowing in that case and confirming all the other Acts
that are soon expiring for the said term ; but in case of not com-
plying with that gracious condescention, that his Majesty would
be obliged to confirm the said Act passed by the Duke of Albemarle
in the year 1688, and whereas we have directed you to signify
to our Councill and the* General Assembly of our said Island,
that we doe think fit to allow them untill ye month of November
next, within which time they may passe and offer to us, such
other Acts for settling our Revenue there, as may be fit to receive
our royal approbation ; we doe hereby let you know, that by
such fitting Act wee doe intend (in case they cannot be induced
to make the said Revenue perpetuall) a new one which shall
grant the same for the terme of one and twenty years at least,
but not for any shorter term ; And in case you find that they
will not comply with the proposall you shall make to them of a
new Act, to the effect above mentioned, you shall then by a vessell
express send us an account thereof without delay, whereupon
wee will immediately give our royall assent and confirmation
to the said Act of Revenue passed by the Duke of Albemarle.
Signed, Anne R. Endorsed, Reed. March 11, 170|. Copy.
2 pp. [(7.0. 137, 5. No. 99 ; and 138, 10. pp. 415-417.]
Feb. 25. 368. Col. Quary to the Council of Trade and Plantations.
Philadelphia. Inclosed is the copy of my last to your Lordships. This oppor-
tunity of writing was unexpected. H.E. the Governor of Virginia
was pleased to send an express to acquaint me that the Southampton
friggott was ordered to sayle for England with what ships was
readey the 4th March, and in order to the security of trade was
pleased to give notice to all the neighbouring provinces that so
all ships that could be ready might take the benefit of the convoy.
I did purpose according to promise to have sent your Lordships
the particulars of the design against St. Augusteens, by the
forces of South Carolina, but the sloop I sent there by reason of
contrary winds is not yet returned, nor can I detaine this express
longer, so must deferr that account and others. The confusion of
this Government increases dayly; they have thrown of the Lower
Counties, and now the Upper Counties have begun to throw ot
218 COLONIAL PAPERS.
1703.
them. The County of Bucks refuses to act by Mr. Hambleton's
Commission, and so does most of the County of Chester, and
the County of Philadelphia are so divided about Mr. Penn's
Charters that there is now a full stop to the current of justice,
the gaol of the place is crowded with murderers and felons ;
it is against the principle of the Quakers to try them, so they were
forced for a valuable consideration to hire two Gentlemen to be
judges on this extraordinary occasion, and accordingly there
was a special Commission drawne and signed by Col. Hambleton,
the day for setting of the Courte fixt, the Jury summoned and
all things readey at the Day, when the Courte was opened the
Grand Jury was all called and unanimously refused to serve ;
they gave their reasons that since the Quakers had engrossed
and did exercise all the powers of Government, they should trey
the criminalls too ; and not thinke to put that part of the drugery
on them ; besides those empanelled on the jury told the Courte
that they were not satisfied with Col. Hambleton's Commission,
upon which this speciall Courte was broake up, and all the prisoners
still left in goal, where they are almost starved, there being no
allowance for prisoners. We live in hopes that by your Lordships'
assistance Her Majesty wiU be graciously pleased to take this
Province under her immediate protection, and so by removing
those distractions restore us to the rights and privileges of good
subjects in all the rest of her Governments, which will make us
all easy and happy. I thought myself obliged to informe your
Lordships that all the grants which were made for lands before
Mr. Penn's time, the reserved rent was made payable to the
Crown, but Mr. Penn of late persuades the old tennants to deliver
up those grants, and gives them new ones in his own name,
making the Quitt Rents payable to himself, and to others he
sells the fee simple. I have enclosed copey of the old grants
and coppy of Mr. Pen's grants. There is an extraordinary good
correspondence between H.E. my Lord Cornbury and the Governor
of Virginia, wch. I am sure will prove very much to H.M. interest
and advantage, and for the benefit and interest of these Govern-
ments. I cannot get the coppey of Mr. Penn's Charters. Signed,
Robt. Quary. P. S. Just now by way of Bermodus, we have
advice that the French and Spaniards from the Havana have
relieved St. Augustine, they came with three men-of-war, our
men that were on board the small vessell that lay before the place
to blocke it up by sea, seeing the three men-of-war coming on
them, immediately sett fire on all there vessell to prevent
there falling into the enemies' hands, so that our forces must
fight there way home by land. The account is very imperfect.
The people of Carolina were in great apprehention that the men-
of-warr would be with them and destroy the country before our
forces could returne by land. I expect my owne sloope every
hour with a more certaine account of this unwellcome news,
wch. I will dispatch to yr. honors with all the speed possible.
Signed, Robt. Quary. Endorsed, Reed. 4th, Read June 9,
1703. Addressed. 3 pp. Enclosed,
368. i. Abstract of preceding. 2J pp.
AMERICA AND WEST INDIES. 219
1703.
368. ii. Address of the Members of the Assembly of the Lower
Counties to the Council of Trade and Plantations.
Philadelphia, Nov. 21. Duplicate, Dec. 7. No. v.
Endorsed, Reed. 4th, Read June 9, 1703.
368. iii. Deposition of Walter Marten, Jan. 21, 1702(3).
By virtue of a dedimus potestatem to me directed by
Col. Hamilton to qualify by oaths and attestations
the Burgesses and High Constable for the Burrow of
Chester soe established by vertue of a Charter from
Wm. Penn, Proprietary and Governor, I did on the
first day of January meet the said Burgesses, Jasper
Yeats, James Sandilands, Ralph Fishbourn, Paul
Sanders, Burgesses, and Robert Barbar, High Constable,
and did tender to the two first mentioned the usual
oaths and declarations appointed by Law, who were
willing to comply with them, but the other two Burgesses
and High Constable desired some further time to con-
sider before they would take their attest and subscribe
the Declaration, aledging they understood not in the
Declaration wht. was meant by the word Sacrament,
upon wch. I gave them a weeke longer time, and then
mett them at the town aforesaid, where after some
discourse they started a further objection, saying
they would not qualifye themselves nor act by attesta-
tion wth. any that took an oath, and therefore urged
Yeats and Sandilands to take an attest as well as them-
selves, upon which they reply ed that the Law wch.
favoured them with an attestation was noe warrant
for others who were not scrupulous to take an oath,
and as they were noe way concerned in the administra-
tion, it could not affect their consciences, but seeing
they might be qualified their own way, it was unreason-
able to impose their form on others to whom the Law
was noe security in their compliance, upon which I did
qualifye the said Yeats and Sandilands by their lawful
oaths, and the others absenting refused their attests.
Signed, Walter Marten. Endorsed as preceding. 1 p.
368. iv. Copy of the old grants (referred to in preceding letter)
by which the reserved Rent is payable to the Crown.
Signed, William Penn, Philadelphia, 1684. Same
endorsement. 1 p. [(7.0. 5, 1262. Nos. 24, 24.i.-iv. ;
and (without enclosures) 5, 1290. pp. 331-336.]
Feb. 25. 369. William Popple to Josiah Burchett. The Council of
Whitehall. Trade and Plantations have considered your letter of Feb. 22,
in relation to convoys for the vessells designed from hence and
Portugal to Newfoundland, and have heard several Merchants
of London, and some members of Parliament for the out ports
concerned in that trade. Their Lordships do thereupon desire
that H.R.H. may be informed that all the said Merchants and
others do insist upon a convoy as absolutely necessary to them
from England to Newfoundland, and declare that without such
220
COLONIAL PAPERS.
1703.
convoy, and protections forthwith to be granted for their seamen,
they cannot undertake to send out one ship, and they propose
that in case H.R.H. shall think fit to appoint a convoy from
hence, part of the fishing ships may rendevous at Spithead and
the others at Plymouth. They likewise propose the loading of
ten ships from Portugal for Newfoundland with salt ; and further
insist that a convoy be appointed for them.
As for the security of the fishing ships and other vessels when
they shall have made their voyage (for which you say Rear
Admiral Gray don has full Instructions) the same having been
communicated to the foresaid merchants, they have further
offered that they do no ways conceive themselves safe during
the time of their fishing upon the coast without the constant
attendance of the usual convoy to guard them from the attempt
of an enemy, and to quiet their fears which are at present very
great from the French. Enclose copy of their memorial and
list of ships ready to sail. They say there will be many more
in case they may have assurance of a convoy from hence and
another from Portugal for their salt ships, as also protections
for their men to be granted them in a few days, without which
they say they shall not be able to get one ship ready. [(7.0. 195,
3. pp. 170-172.]
370. Solomon Merrett to Mr. Popple. I am very much
concerned that no care will be either taken to fortifye Trinity
Harbour this year in Newfoundland, as their Lordships are
not sensible of the ruin of that harbour the next approaching
winter, and of what salt, provisions and fish that wee are obliged
to leave there every year, and as their Lordships are not sensible
of the small charge that harbour may be fortified with, it wanting
no stones or bricks, only a few guns and ammunition. If we
have no fortification nor no ship left there, wee must expect
nothing but loss etc. Signed, Sollomon Merrett. Endorsed,
Reed. Read Feb. 25, 170f. f p. [C.O. 194, 2. No. 96 ; and
195, 3. pp. 168, 169.]
Feb. 25". 371. William Popple to Solomon Merrett. The Council of
Whitehall. Trade and Plantations, upon my reading the above to them, desire
you to lay before them the best computation you can what the
charge of the Fort desired for Trinity Harbour and the defence
thereof will be, and how you propose that work should be done
this year ; as likewise a computation of what may be the value
of the salt and other effects left there in the winter, one year with
another. [C.O. 195, 3. p. 170.]
Feb. 25. 372. Council of Trade and Plantations to Col. Quary. We
Whitehall, acknowledge the receipt of your letters of the 24th July and
7th December last, which we have had under consideration,
and by the next opportunity you may expect to hear further
from us thereupon. In the meantime we send you here inclosed
H.M. Order in Councill relating to the Courts of Judicature in
Pennsylvania and the three Lower Counties, which you will
Feb. 25.
Crotchett
Fryers.
AMERICA AND WEST INDIES.
221
1703.
make known to the Deputy Governour and all other persons
whom it may concern, that they may govern themselves
accordingly. We likewise send you a copy of another Order
of Councill by which Collenel Hamilton is constituted Deputy
Governour for one year. Collonel Bass has acquaint you with
his having received the sum of 300Z. sterl. upon account of your
services and the charges you have been at, which we represented
to H.M. for you. Signed, Weymouth, Robt. Cecill, Ph. Meadows,
Wm. Blathwayt, John Pollexfen, Mat. Prior. [C.O. 5, 1290.
pp. 306, 307.]
Feb. 25. 373. Council of Trade and Plantations to the Earl of
Whitehall. Nottingham. Upon the reference, Feb. 11, of Sir Jeffrey Jeffrey's
petition, we desire your Lordship to offer to H.M. our humble
opinion that the settling of such a correspondence between the
Kingdom and H.M. Plantations on the Continent of America
will be of great use to H.M. service in those parts, and of
advantage to the Plantation Trade, especially during the war.
In order thereunto, we humbly conceive it may be convenient
the two ships proposed be constantly imployed in going and
returning between the Isle of Wight and New York, which is near
the centre of H.M.'s Plantations on that Continent. We do not
conceive it fit that so long a time as desired by him be allowed
for the stay of the said vessells at New York ; but rather that
then* stay in harbour be as short as possible, not exceeding five
days either there or at the Isle of Wight ; it being the expedition
of those voyages which makes the undertaking most usefull.
And the answers of letters to New York sent by either of those
packet-boats may in that manner be forthwith returned from
thence ; and from all H.M. other Plantations on the Continent sent
thither, to lye in readyness against the arrival of the next packet-
boat ; which will make the course of this correspondence as
regular and expeditious as is possible for two packet-boats. We
humbly conceive it very necessary there be effectual protections
granted for the seamen belonging to both these vessells. And
we have reason to hope that .since he insists upon the carrying
of 50 tuns of goods in each vessell, out and home, he will abate
of the price he would otherwise ask for this service. As to the
charge of this undertaking we leave it to the consideration of
the officers of the Navy and Post Office, who will be best able to
judge of it and make the Agreement.
P.S. Upon a fresh application from Sir Jeffrey Jeffreys we
humbly offer that the first packet-boat only be permitted to
stay 30 days at New York and bring away such letters as may in
that time be ready, but that the stay of the following packet-boats
be confined to five days and no more, as we have proposed.
Signed, Weymouth, Rob. Cecill, Ph. Meadows, Wm. Blathwayt,
John Pollexfen, Mat. Prior. 3 pp. [C.O. 5, 1084. No. 15 ; and
324, 8. pp. 215-218.]
Feb. 25. 374. Council of Trade and Plantations to the Queen. Upon
Whitehall, application to us in behalf of your Majesty's Plantations of
222 COLONIAL PAPERS.
1703.
Virginia, New York and other Colonies in America under your
Majesty's immediate Government, that your Majesty would be
graciously pleased to order your royal picture and Arms to be
sent to those Colonies for their respective Council Chambers,
and Supream Courts of Justice : we humbly represent to your
Majesty that such picture and Arms have been usually sent
to your Majesty's Plantations by your Royall predecessors,
and offer that your Majesty may be pleased to give the like
directions therein. Signed, Weymouth, Ph. Meadows, Wm.
Blathwayt, John Pollexfen, Matt. Prior. [(7.0. 324, 8. pp. 214-
215.]
Feb. 25. 375. Order of Queen in Council, approving of preceding
St. James. Representation and directing the Rt. Hon. the Earl Marshall of
England and the Lord Chamberlain of H.M. Household to give
the necessary directions. Signed, John Povey. Endorsed,
Reed. 20th, Read March 23, 170. p. [C.O. 323, 5. No. 5 ;
and 324, 8. p. 228.]
Feb. 25. 376. Memorial from several merchants trading to the
Northern parts of America to the Council of Trade and Plantations.
Pray that the vessels proposed by Sir J. Jeffreys may stay at
New York about 30 days, in which time answers may be received
to such letters as are delivered by each vessel by the same from
New England, Virginia, Maryland and the parts adjacent, which
will be a greater accommodation to us than we can expect by
the method now practised by Mr. Dumer, by putting letters
on shoare by the one vessel and receiving answers by the other,
because the winds and currents are variable on that coast, so that
towards the winter months, the vessels cannot sometimes get
in in two or three months, and the voyage at all seasons in the
year outward bound very uncertaine, whereas the passage to
Berbados and Leeward Islands and Jamaica is more certain
by reason of the Trade Wind. Signed, Micajah Perry and
fifteen others. Endorsed, Reed. Read Feb. 25, 170. 1 p.
\C.O. 323, 5. No. 4.]
Feb 25. 377. Sir Jeffrey Jeffreys to the Council of Trade and
Plantations. Whereas your Lordships in your Report upon
the Memoryal of Sir Jeffrey Jeffreys are pleased to represent
that the packet-boats intended to be sett up at New York shall
stay there but five days, the said Jeffrey Jeffreys does humbly
pray that your Lordships will be pleased to consider whither
it may be of more service to her Majesty and subjects that the
first and second of these packett-boats may stay there thirty
days, at least the first, in which time an account may be had of the
state of affairs at New England, Virginia and Maryland, and the
parts adjacent, which cannot be expected by the following packett
under four months, and there being no ship likely to come from
New York in that time, and for the following packetts such
orders may be taken as your Lordships shall be pleased to direct.
Unsigned. Endorsed, Reed. Read Feb. 25, 170f. 1 p.
[C.O. 323, 5. No. 3 ; and 324, 8. p. 219.]
AMERICA AND WEST INDIES. 223
1703.
Feb. 25. 378. Journal of Council of Trade and Plantations. Orders
Whitehall. o f Council, Jan. 21, read, and a letter thereupon writ to
Col. Quary.
Letter to the Earl of Nottingham upon the proposal of Sir Jeffry
Jeffrys signed. And Sir Jeffry afterwards laying before their
Lordships a Certificate signed by several merchants that it would
be for the conveniency of Trade and Correspondence, that those
Packet Boats be permitted to stay 30 days at New York, together
with a further Memorial desiring that the two first packet-boats
may be permitted to stay there that time, a postscript was added
to the said Letter to the effect that the first only may have that
permission.
A letter from Mr. Merret to the Secretary and answer thereto
directed.
Mr. Micajah Perry laying before the Board a Memorial about
H.M. arms etc. for Virginia, a Representation was signed.
Letter to Mr. Burchet from the Secretary approved.
Circular Letter to the Mayors of the Out Ports approved.
Feb. 26. Letter to Mr. Attorney General, writ by the Secretary, was
delivered to Mr. Champante that he may procure an answer.
Draught of a Charter for importing Naval Stores from New
England, corrected and amended according to the resolutions of the
Board thereupon, was read and ordered to be transcribed, and
directions were also given for preparing a Representation where-
with to lay the same before H.M. [(7.0. 391, 15. pp. 446-450 ;
and 391, 97. pp. 165-170.]
Feb. 25. 379. Minutes of Council of Maryland. Governor Nicholson's
letter of Jan. 27 read.
Capt. Nathaniel Bostock's letter of this day's date read,
requiring a storehouse, and that the Government would take
care about careening H.M. Eagle advice-boat in May. Referred
till to-morrow.
George Parker, Sheriff of Calvert County, excused from
Mr. Plater's complaint.
Feb. 26. Governor Lord Cornbury's letter read, giving an account in
what ill condition the Forts are there, and desiring the President
to take such measures with the Council that the Quota ordered
by his late Majesty be ready early in the Spring. Reply ordered
to be written signifying that upon receipt of H.M.'s letter, the
General Assembly have voted 3001., which when his Lordship
shall require will be paid.
Sir Thomas Lawrence's petition read, that Col. Henry Darnall,
Keeper of my Lord's (Baltimore) seal, be commanded to seal and
send in certain patents kept back by him upon which fees were
due to Sir Thomas. Col. Darnall was summoned, but there not
being a full Council, nothing was done. Ordered that he be
requested to send the Patents in by the end of March to the
Secretary's Office, otherwise the Board will be obliged to joyn
with H.M. Secretary in making Representation of this matter.
Capt. Bostock [see Feb. 25] was informed that whereas he had
been credited by the Council for 100?. sterl. for which he had
224 COLONIAL PAPERS.
1703.
passed his bond to H.M. Receiver, he is expected to call at
Puttuxent and pass his Bills upon the Victualling Office for the
said sum. He was told that there are some claims against him
by private persons which he had refused to comply with, the
one by the Widow Norwood and the other for a sloop, but that
out of respect for H.M. Service, the President had forbid the
Sheriff from arresting him.
The warrant given by the President to Capt. Bostock for
impressing his complement of men was approved of.
Petition of Capt. Wm. Blaires, Commander of the Providence.
read. Ordered that Capt. Bostock be directed not to impress any
of his sailors, he having but six men and two French prisoners.
Capt. Bostock said he had not yet got his complement of men,
but would do his endeavour the first fair wind and weather to
sayle for Virginia. The President told ,Capt. Bostock that his
men had not discreetly behaved themselves in impressing
according to the warrant, for that they had made such a noise
they had given an alarum to such men as might have been had
for the service, and getting drunk, had lett others go which they
had taken.
Richard Beard's account referred.
Mathew Beard's petition read. Ordered that he officiate as
water-bayliffe or Marshall of the Western Shore till further
order.
Mrs. Ellianor Tubman's petition read and recommended to
the Vestry of All Faith's Parish in St. Mary's County to allow
what they think reasonable for Mr. Tubman's service, if not as
Minister, yet as Reader.
Lt. Col. Holland having a claim of 6,070fi>. tobacco from
Col. John Coode, late Sheriff of St. Mary's County, 1695, ordered
that Col. Coode's bond be assigned to him to be put in suit for the
recovery of his demand. [C.0. 5, 745. pp. 14-19.]
Feb. 25. 380. Minutes of Council of the Massachusetts Bay. H.E.
Boston. acquainted the Council that by letters from Capt. March and
Capt. Turfrey he was advised that three French Officers from
Quebeck had been lately at Sagadahock and parts thereabout,
and called a Council of the Indians, demanding that they should
rise upon the English, which they refused to do, saying the French
could not supply them, and that they had their dependance upon
the English. And H.E. proposed that he would write to invite
the Indians to come and plant near the English fortifications,
or on some Island adjacent, and that in case the French shall
make any insult upon them, we would support and cover
them. He further acquainted the Council that he accounted it
an affaire of great import to the quiet and safety of these
Plantations, more especially at this time, to remove the French
from Port Royall, and to reduce that place, the French King
having appointed M. Brouillan, Governor of Plesentia, to reside
there, with a particular design to hurt and annoy these Plantations
and to instigate the Indians against the English ; and recommended
it to consideration and to be kept private.
AMERICA AND WEST INDIES. 225
1703.
Accounts of garrison wages etc. referred to a Committee.
4Z. paid to Richard Cheever for going twice with expresses to
Piscataqua.
801. 5s. 5d. paid for wages to Capt. William Wormal and Company
at H.M. Fort at Cascobay, April 25-July 22, 1702.
14:1. 2s. lOd. paid for wine, candles for illuminations, and other
expenses upon the arrival of the great, good and joyful news
of the success of H.M. Royal Navy at Viego, and on the 6th Feb.,
being H.M. birthday.
50s. paid to Thomas Howe of Marlborough for his travail
and expenses in a journey to Quabaag and charges upon several
Indians by him brought down by H.E. special directions, to
prevent a quarrel arising between them and the English, referring
to claim of land.
51. Us. 9d. paid to Thaddeus Maccarty for his disbursements
for Doctor's nursing and tendance of a French prisoner of war
in his sickness of the small-pox.
5J!. Os. lOd. paid to Major Benjamin Davis for charges of
carriage and storage etc. of 39 barrels of the public stores of
gunpowder to the Castle.
Ordered that all the powder now in the storehouse of Arthur
Mason be carried to the house of James Allen, and that a suitable
person be appointed to look after it.
Josiah Wolcot was granted leave to erect a timber building
with a flatt roofe on his new wharfe lately built in addition to
Scarlet's Wharffe in Boston. [(7.0. 5, 789. pp. 482-484.]
Feb. 26. 381 . J. Moore to the Council of Trade and Plantations.
Philadelphia. Col. Quary having, whilst in England, left a memorial before that
Board in relation to my service to the Crown for five years past,
and soe often troubling your Lordships on that head, I only
beg leave by this to remind your Lordships thereof, and to know
your results, and have desired my brother to attend accordingly.
Signed, J. Moore. Endorsed, Reed. Read June 18, 1703. 1 p.
[(7.0. 5, 1262. No. 25.]
Feb. 26. 382. Josiah Burchett to William Popple. The letter which I
Admiralty received from you this morning by direction of the Lords of the
Council for Trade, has been taken into consideration ; and in answer
thereunto I am commanded by H.R.H. to acquaint you that
a fourth and fifth rate will be appointed to convoy the trade bound
to Newfoundland in April and to call for hem at Portsmouth
and Plymouth as the Merchants propose, and that two ships
of like rates will be furnished in June ; but in regard H.M.
Order in Council directs, that no outward bound ship or vessell
shall be permitted to proceed, till such time as they have furnished
men for the Fleet, vizt., the one quarter part of what they are
designed to saile with if cleared at the Custome House, and the
one half, if no't, they cannot be permitted otherwise to depart
from England, unless H.M. will be pleased to give directions therein.
And in regard there are many pressing services which call daily
for H.M. ships, I am further to acquaint you for the information
Wt. 27041. C 1$
226 COLONIAL PAPERS.
1703.
of the Lords of the Council for Trade, that H.R.H. cannott admit
of the sending a convoy with the trade bound to Newfoundland
from Portugal ; nor was it known all the last warr, that any
such convoy was desired. Signed, J. Burchett. Endorsed, Reed.
Feb. 27, Read March 1, 170f. If pp. Annexed,
382. i. Mem. Upon the Representations of this Board in
1696 one convoy was appointed for the salt ships of the
South Channel and another for the North Channel,
to saile with those ships from hence to Portugal and
from thence to Newfoundland. [(7.0. 194, 2. Nos. 97,
97.i. ; and 195, 3. pp. 178, 179.]
Feb. 26. 383. William Popple to the Attorney General. It having
Whitehall, been represented to the Council of Trade and Plantations by the
enclosed Memorial, that John Nanfan, late Lieut.-Governor of
New York etc., has been there arrested in several actions not
only in H.M. name, but also hi the names of John Graves and of
Roger Prideaux, and that he was under apprehension of several
other actions, which would confine him to that Province, and
their Lordships observing that the actions brought by Graves
and Prideaux, each for 2,500/., are grounded upon warrants
passed by Nanfan as L.G. and with the advice of the Council,
and considering that it may be requisite that the respective
Governors of H.M. Plantations do, upon their being discontinued
in their Governments, repair to H.M. presence to give account
of their administration, they desire your opinion (1) How far the
Governors of H-M. Plantations, so discontinued are lyable to
be arrested and prosecuted in the said Plantations by particular
persons for any commitments or proceedings which were ordered
or directed by them as Governors ? (2) Whether Graves and
Prideaux have just cause of action against Nanfan upon the
said proceedings against them ? (3) What remedy there is for
Capt. Nanfan or other Governors in such cases as above, as also
for the Parties aggrieved or pretending so to be? [(7.0. 5, 1119.
pp. 384, 385.]
[Feb. 26.] 384. Petition of Jews of Jamaica to the Queen. The humble
petition of Antonio Gomez Serra, Andrew Lopez and Moses de
Medina in behalf of the Hebrew nation inhabiting in the Island
of Jamaica, sheweth that for the better peopling and setling
the Island of Jamaica, an Act passed in September, 1683,
impowering the Governor for the time being to grant Patents of
Naturalization to all forreigners and aliens who should settle in
the Island. Under the security of the said Act, the Jews have
transplanted themselves to the said Island, and have everyone
of them taken out Patents of Naturalization as is directed by
the said Act, tho' in the several Governments of Sir Thomas
Lynch, my Lord Vaughan, my Lord Carlisle, the Duke of
Albemarle and my Lord Inchiquin, it was endeavoured by some
invidious persons, not friends to the publick good, to have them
taxed more than their neighbours, yet none of the said Governours
AMERICA AND WEST INDIES. 227
1703.
could ever be prevailed upon to break through the law and then-
Patent of Naturalization ; but in Sir William Beeston's Govern-
ment they were taxed seperatly, and considerably over and
above the proportion their neighbours paid, upon which being
obliged to apply for relief to his late Majesty of blessed memory,
an order was transmitted to the Governor requiring him to use
them gently and prevent for the future any such cause of com-
plaint ; but notwithstanding the said Order and their Patent of
Naturalization, an Act is lately passed in the Assembly intituled
an Act for raising severall sums of money to discharge the publick
debts and providing funds for the safeguard of the said Island,
whereby towards the raising of the sum of 17,808Z. over and
above the share and proportion to be paid equally with the rest
of the inhabitants, the sum of 2,500?. is imposed on the Jewish
nation, with the penalty of 5001. more in case of failure of the
punctual payment thereof ; which severe and unequall
proceedings against the said Jews, is such a discouragement to
them, that they must be forced to leave ye Island or be ruined,
unless relieved by your Majesties most gracious interposition,
they in the whole not exceeding eighty families, and of those
not above twelve of any considerable subsistence or in a condition
to contribute to the said extraordinary tax. Your petitioners
therefore most humbly implore your Majesties royal interposition
on their behalf, to prevent their destruction and extirpation,
and that your Majesty will be graciously pleased to give such
directions therein as in your princely wisdom shall seem meet
for their relief. Annexed,
384. i. Sir Charles Hedges to the Council of Trade and
Plantations. Jan. 26, Whitehall. Her Majesty having
been moved upon this Petition, is graciously pleased
to referr the same to the Lords Commissioners of Trade
and Plantations, to examine the allegations therein
contained, and to report then 1 opinion, what may be
fitly done therein, whereupon her Majesty will declare
her further pleasure. Signed, C. Hedges. The whole
endorsed, Reed. Read March 3, 170|. 1J pp.
\C.O. 137, 5. Nos. 98, 98.i. ; and 138, 10. pp. 411-
414.]
Feb. 27. 385. Minutes of Council of Jamaica. The Governor asked
the opinion of the Board what should be done in relation to the
privateers in regaf d he heard that severall of them were endeavour-
ing to get off the Island, whether he should give them Com-
missions, or noe, and soe suffer them to goe and get something
for themselves. The Council unanimously advised that in
regard they have little or nothing to subsist on shoar, it would
be better to let them goe out then that they should desert and
soe be quite lost to the Island, provided the Captains give it
in their security not to take into their vessels any but seafaring
men.
The Receiver General's accounts were audited and entered.
[C.O. 140, 6. p. 132.]
228
COLONIAL PAPERS.
March 1.
Crotchet
Friars.
1703.
March 1. 386. Copy of Lord High Treasurer's Order for payment of
incidents of the Office of the Board of Trade to Christmas, 1702.
(See Feb. 17.) Endorsed, Reed. March 5, 170f. [C.O. 388, 75.
No. 68.]
387. Solomon Merrett to William Popple. I am obliged
in the first place to return you thanks for laying my letter before
their Lordships of the 25th February, as it is for the general
good of the Newfoundland fishery, especially of the inhabitants
of Trinity Bay and Bonavista. And in obedience of their
Lordships' commands, signifyed in your letter to me of the
same date, I have to the best of my judgement made a calculate
of the charge and what else is necessary for the fortification
of Trinity Harbour in Trinity Bay, humbly praying their
Lordships to pardon what errors I have made in the same as
I am ignorant of military affairs, but in the estimate of what
effects is generally left in Trinity Bay and Bonavista one year
with another, I dare presume it's little less, oftentimes more.
As to the fortification, there's no need of brick and stones for
the fort to be built at the west entrance of the harbour, as they
have turf and pallisadoes enough in the country. And as the
inhabitants will gladly work on the same that they may have
a place to secure their effects in the winter time, only there
must be sent a few brick or stone for a magazin for powder, which
the ships from Poole will carry without any freight, and the
inhabitants with assistance will compleat the fortification in six
weeks or two months, I therefore propose that 30 cannon, 8 or 9
pounders, 100 barrels of powder, 100 small arms with carridges
and shott and other things answerable to said gunns and small
arms, be sent over with the convoy that goes for the sackes, in
May, the which may amount to 2,0001., or one or two hundred
pounds more or lesse, delivered in Newfoundland, that with
these gunns, and an officer and 40 men (if a Company be thought
to much) be sent, that the chief officer have power to command
the inhabitants to work on the fortifications when the fishing
season is over about the 20th August, and to have them under
military command, on the appearance of the enemy, or on any
exigent occasion. The charge of sending over, and pay, and
maintenance for said soldiers I am informed will be yearly 1,400?.
a little more or less. So that Guns etc. will be the first charge,
which (powder excepted) may rein/am these many years without
an addition of that charge, the soldiers will be a constant yearly
charge and these will do more service than a man of warr, whose
charge will be 8 or tenn times more, and I humbly offer that
this charge will be but a trifle for to protect one third part of the
fishery to Newfoundland, which brings in so great a revenue
yearly and other advantages. Then Sr. as to the effects left
yearly in Trinity Bay, in the harbours called Trinity Harbour,
English Harbour, Salmon Cove, Hearts Ease, Hearts Content,
New Parlican, Silly Cove, Hans Harbour, and Old Perlican,
which are the harbours of Trinity Bay ; in time of peace, there
was (and may be again when they can be secure) left one year
AMERICA AND WEST INDIES. 229
1703.
with another about thirty three thousand pounds, which account
I have from those that lived there and is computed as follows. In
these harbours were kept 260 boates for fishing which with boates,
cables, sailes, anchors, netts, lines, hookes, their stages and
other craft for fishing thereunto belonging ashoare at fifty pounds
each is 13,0002 . The houses, furniture and provisions for the
famillys computed 100 houses with all charges at 902. p. house,
9,0002. . The salt left is some yeares 5,000 hogshds., generally
not less than 3,000 hogshds. at 20s. each 3,0002. . The
fish left in these harbours hath been sometimes 20 or
30,000 quintalls, but one year with another in times of warr
may be computed at least 10,000 quintalls at 10s. per quintall
5,0002. . The bread, pork, beefe, malt, pease, flower and
oyle and other commodities left yearly may be vallued at least
3,0002. . Also the fortifying this Trinity Harbour will
secure Bonavista by land, in which harbour are as many or
more inhabitants as in three of these, the effects of which may
be computed at least worth 12,0002. -. So that the whole
secured by this may be vallued at 45,0002. - -. And as
there's space of ground enough on the point of land at the west
entrance of Trinity Harbour, where this fortification is proposed
to be built, I humbly offer its my opinion that the inhabitants
be obliged to build their houses and storehouses within or near
the fort as the Engineer may think fitt, which will oblige them
to defend the same. Craving leave again to add that unless this
be effected this year, which may easily be done in time, the trade
of that part of the land which is more than ^ of the whole will
be lost. It may be reasonably feared the French who have so
great a regard to that trade will fortifye this harbour which
lyes so conveniently for them. I humbly pray you to excuse
what errors I may have committed herein. Signed, Solomon
Merrett.
Sir, I pray you to favour me with a line when we may hope
to have the protections for the ships, in the list gave, without
which we cannot fitt out as the season comes on apace. Sir,
since the above I am informed that the Council have ordered
protections, provided that we procure our quota of men for the
fleet as other ships are obliged to do, if this be insisted on from
us, wee must give over thought of that, but I humbly hope
their Lordships will represent that wee in this fishery much
increase the number of sailers, as the landsmen wee yearly carry
out become to be sailers in two years time by which they make
much more money for wages than wee give them, so this hard-
ship on our fishery will totally discourage us. Endorsed, Reed.
Read March 1st, 170|. Addressed. Sealed. 2 pp. \C.O. 194, 2.
No. 98 ; and 195, 3. pp. 173-177.]
March 1. 388. Earl of Nottingham to the Council of Trade and
Whitehall. Plantations. The Queen thinking it not reasonable to allow
the former demands made by Sir Jeffry Jeffreys in his proposal
which was transmitted to you, and whereupon you made a report,
he hath now offered to H.M. another proposall, which I send
230
COLONIAL PAPERS.
1703.
March 1.
Whitehall.
you herewith, that you may consider of it and report your opinion
to H.M. Signed, Nottingham. Endorsed, Reed. Read March 2,
170|. 1 p. Enclosed,
388. i. Memorial of Sir Jeffrey Jeffreys to the Queen. Having
undertaken to pay the subsistence of the four companies
of soldiers in garrison at New York and Albany, and
having built a ship of 180 tons mounted with fourteen
guns now ready to put to sea at Cows, the Eagle,
Capt. Davison, Commander, and having some goods
aboard for the supply of said undertaking, doth propose
to make two voyages thither and back to the Is. of Wight
for six or seven months, in case your Majesty shall be
pleased to constitute the said vessel with your Majesty's
Commission in the nature of a packett-boat and protection
for fourty men for said time, with liberty to take in
such goods and passengers as offers upon freight, together
with the advantage of the letters according to the
rates settled by Mr. Bummer's packetts, to stay at
New York not exceeding 30 days, and to return to the
Isle of Wight, whereby an experiment may be made
of settling and carrying on a correspondence for those
parts during the war without charge to your Majesty.
[C.O. 324, 8. pp. 220-222 ; and 323, 5. Nos. 1, 7.i.]
389. William Popple to Josias Burchett. In reply to your
letter of Feb. 26, the Council of Trade and Plantations send
enclosed copies of two letters from Mr. Bridgman relating to
convoys for salt ships from Lisbon to Newfoundland, Feb. 169f.
Their Lordships have not yet communicated your letter to the
merchants, being desirous first to understand H.R.H. further
pleasure in reference to the salt ships intended this year from
Portugal to Newfoundland, because they are apprehensive, from
the discourses they have lately had with those merchants, lest
the want thereof should disappoint this year's fishery. [C.O. 195,
3. pp. 179, 180.]
March 2.
Admiralty
Office.
March 1.
Whitehall.
390. J. Burchett to William Popple. . In reply to preceding.
Before receipt thereof, H.R.H. had signed orders to the Com-
mander in Chief of the Convoy gone to Portugal to appoint one
of the ships of his squadron to see the ships and vessels well into
the sea, that are bound with salt from Lisbon to Newfoundland.
Signed, J. Burchett. Endorsed, Reed. Read March 3, 170.
Addressed. Sealed, f p. [C.O. 194, 2. No. 99 ; and 195, 3.
\pp. 180, 181.]
391. Journal of Council of Trade and Plantations. Letter
from Mr. Merrit, March 1, read.
Letter from the Earl of Nottingham as to Sir Jeffry Jeffrys'
proposal read.
Letter from Mr. Burchet, Feb. 26, read, and the Secretary
was directed to answer.
AMERICA AND WEST INDIES.
231
1703.
March 2. Letter from Mr. Larkin, Oct. 15, read. Enclosures laid before
the Board. Letters from Mr. Larkin of Oct. 26 and Nov. 1 also
read. Whereupon a letter was writ to Capt. Bennet, and another,
by their Lordships' directions, by the Secretary to Mr. Larkin.
Sir Jeffry Jeffrys' proposal was taken into consideration.
Directions given for preparing an answer to the Earl of Nottingham
thereon.
March 3. Mr. Pereira laid a petition of the Jews of Jamaica before the
Board, which was read. At his request he was granted a copy of
the Jews' Memorial, 1700.
Letter from Mr. Burchet, March 2, read.
Memorial of Mr. John Roope, an inhabitant of Newfoundland,
read.
Some further amendments in the draught of a charter for
the importation of Naval Stores from America were made, and
the draught of a report wherewith to lay the same before H.M.
was agreed upon, and ordered to be transcribed. [C.O. 391, 16.
pp. 1-6 ; and 391, 97. pp. 173-182.]
March 1. 392. Minutes of Council of Bermuda. Mr. Larkin's letter
At the Flatta. to the Lords of the Plantations, and their Lordships' answer,
read. Upon an application from Mr. Larkin, offering to giye
security to answer in England what shall be objected against
him here, it is the opinion of this Board that upon his giving
good security to H.M. in 1,OOOZ., he may be discharged from his
present imprisonment, and depart from thence directly on board
of any vessell outwards bound into Jamaica (being the place he
saies requires his attendance on H.M. service) if he shall think
fit, this Board being always ready to promote H.M. service,
but cannot think fit to allow his liberty of going about these
Islands to pursue his former evil and dangerous practices of
insinuating and amazeing H.M. subjects . . . and repeating his
unparalleled example of lewdness and debauchery.
On reading H.M. Letter about a Thanksgiving to be made
throughout these Islands for success at Viego, ordered accordingly,
and that Robert Baron, minister, do preach a suitable sermon.
[C.O. 40, 2. pp. 53, 54.]
March 1. 393. Journal of Assembly of Jamaica. The House met
and adjourned.
March 2. Thomas Cox, Thomas Bryan and Thomas Sutton not attending
the service of the House, ordered that they be sent for in custody
of the Messenger.
Bill for encouraging the importation of white servants was
read and recommitted.
Thomas Cox and Thomas Sutton attending in custody, his
excuse was approved of, and he was discharged, paying his fees.
On debating the above Bill, it was decided to raise a fund of
1,5001. on the additional duty for that purpose.
Gabriell Manerly was granted leave to bring in a Bill.
And see Minutes of Council in Assembly under date.
232
COLONIAL PAPERS.
1703.
March 3.
March 2.
March 2.
Whitehall.
March 2.
Whitehall.
March 2.
Whitehall.
March 2.
Whitehall.
See Minutes of Council in Assembly under date. [G.O. 140, 7.
pp. 1-3.]
394. Wm. Bridges to William Popple. Enclosing a copy of
the proportion of ordnance stores sent to Barbados. Signed,
Wm. Bridges. Endorsed, Reed. Read March 4, 170. 1 p.
Enclosed,
394. i. Ordnance stores sent to Barbados on the Success of
London. Ordnance Office, Jan. 1702(3). Includes eight
24 pounders, thirty -four 12 pounders, fifteen demi-
culverins, with carriages, shot, ladles etc.. a train of small
artillery (10 iron ordnance mounted on travelling
carriages) with round and case shot etc. 3J pp.
[G.O. 28, 6. Nos. 95, 95.i ; and 29, 8. pp. 289-293.]
395. William Popple to George Larkin. The Council of
Trade and Plantations order me to acknowledge your letters,
Aug.-Nov. 1, and as they must refer the particular examination
of them till your return to England, so they think themselves
obliged to advise you that, wherever you come, you pay due
respect to the dignity and character of H.M. Governours, and
endeavour by ways of moderation and civility to make your
Commission and the execution of it acceptable to them, as far
as may be consistant with the being and intent of it. [C.O. 38, 5.
p. 364.]
396. William Popple to Lt. Gov. Handasyde. The inclosed
letters being one from the Right Honble. Mr. Secretary Hedges
to Mr. Larkin, who 'tis believed may be arrived or shortly
expected at Jamaica, the other writ by direction of the Lords
Commissioners for Trade and Plantations, I am ordered to desire
your care in the delivering them to him when there. [C.O. 138, 10.
p. 410.]
397. William Popple to the President and Council of
Barbados. Enclosing letter to Lt. Gov. Bennet. [C.O. 29, 8.
p. 288.]
398. Council of Trade and Plantations to Lt. Gov. Bennett.
Mr. Larkin in several of his letters having represented to us
the hard usage he met with in Bermuda, and the very little
respect which was there paid to the Co mission which he brought,
we referr the particular examination of his complaints to be
more fully heard on his returne to England, but think ourselves
obliged in the meantime to give you our opinion, that you ought
not to have imprisoned a person imployed on so important a
Commission, without great consideration, and for very extra-
ordinary reasons, and that in case he had given you any cause
of dissatisfaction, you should have referred the matter hither,
that the Queen's pleasure might be known therein, and have
behaved yourself as much as possibly you could with kindness
and civility towards H.M. Officer, which moderation and conduct
AMERICA AND WEST INDIES.
233
1703.
March 2.
March 2.
March 3.
March 4.
March 5.
March 3.
Whitehall.
we recommend to you for the future. Signed, Weymouth, Robt.
Cecill, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior.
March 25. P.S. We herewith send you two letters from the
Earl of Nottingham relating to the French and Spaniards upon
occasion of the present warr, not doubting of your care in
observing the directions thereby given you within H.M. Islands
under your Government. We are expecting an account from
you of what Commissions you have given out to privateers, and
a copy of one of those Commissions according to what has been
formerly desired, and that you be more particular in giving us
accounts of all transactions within your Government. [C.O. 38, 5.
pp. 362-364.]
399. Journal of Assembly of Barbados. Absent Members
fined. Only 14 Members appearing, the House adjourned for a
fortnight. [C.O. 31, 7. p. 36.]
400. Minutes of Council in Assembly of Jamaica. Bill to
invest H.M. in land in Kingston etc., sent up with amend-
ments, read and returned with many amendments.
The Representatives desired a Conference thereupon, which
was held accordingly.
A further Conference was held.
A further Conference was held. [C.O. 140, 6. pp. 447-449.]
401. Earl of Nottingham to the Council of Trade and
Plantations. I send you by the Queen's command some letters
which I lately received from Col. Dudley, and one from Rhode
Island in America, that you may consider of the several matters
contained in them and report your opinion what may be best
for H.M. service to do therein. Signed, Nottingham. Endorsed,
Reed. March, Read Aug. 13, 170f. 1 p. [See Cal. A. & W.I.,
Sept. 17, Oct. 15, 20, Nov. 8 and Dec. 10, 1702.] [C.O. 5, 715.
No. 11 ; and 5, 911. p. 126.]
Enclosures referred to in preceding :
401. i. Abstract of following. Endorsed, Reed. March, Read
Aug. 13, 1703. 2 pp.
401. ii. Governor and Company of Rhode Island to the Earl of
Nottingham. General Assembly, Newport, Sept. 17,
1702. Acknowledging letter of May 7, 1702, in obedience
to which the War has been declared in the several
towns. Endorsed, Reed. March 170|. 1 p. Enclosing,
401. iii. Loyal Address of the Governor and Company of
Rhode Island to the Queen, Sept. 17, 1702. Congratulate
H.M. succession. Endorsed as preceding. 1 p.
401. iv. Address of the Governor and Company of Rhode
Island to the Queen. Sept. 29, 1702. Our fathers
through excessive labour and travell, hasard and charge
did transport themselves out of there native land into
these remote parts, where having made a considerable
settlement and improvements in your Majesty's province
of the Massachusetts Bay, but differing something in
234 COLONIAL PAPERS.
1703.
their apprehensions in religious concernments, was
sorely persecuted there, some of them was banished
amongst the barbarous heathen, in the extremity of
winter, others not being able to bare the great Oppression
that was imposed upon them, did once again leave their
desirable stations and habitations and with excessive
labours and travel, hassard and charge did transplant
themselves into the midst of the Indian natives, where, by
the good providence of God upon their labours and
industry, they were preserved to admiration, and by
consent and lawful purchase from the Indian Princes
did settle themselves in this Colony. Quote Charter of
Charles II. In accordance with the powers so granted,
we did, since the Declaration of War, fit out a privateer
of 12 guns which has returned after two months with
three ships laden with dried fish taken from the French
near the mouth of Canada River. Refer to the visit of
Governor Dudley and his Commission as Capt. General
and Vice-Admiral of this Colony etc. [See Cal. 1702],
and pray to be heard before H.M. in Council. 3| pp.
401. v. Copy of Captain William Wanton's Commission to
command a privateer, July 6, 1702. Signed, Sam
Cranston, Gov. 1 p.
401. vi. Copy of Capt. Wanton's Instructions for commanding
a privateer. July 6, 1702. 1J pp.
401. vii. Copy of Capt. Wanton's Bond for 1,000?., given for
his commanding a privateer. July 6, 1702. Signed,
William Wanton, Isaac Martingale, John Scott. 1 p.
[C.O. 5, 1262. Nos. 26, 26.i.-vi.]
March 3. 402. Letters from the Mayors of Bristol, Biddiford, Barn-
stable, Fowey, Plymouth, Dartmouth, Exon, Weymouth, Poole,
in answer to enquiry of Feb. 25. q.v. and March 12.
The whole endorsed Reed. March 5 and 8, Read 9th March, 170.
In all, 10 pp. [C.O. 194, 2. Nos. 101, 106, 106.L, 107, 108.]
[March 3.] 403. John Roope to the Council of Trade and Plantations.
Whereas several of the Merchants concerned in the Newfoundland
trade did on this day attend the Councill of H.R.H. the Lord
High Admiral to know what convoy they should have for their
fishing and salt ships that are fitting out for that country, the
said Councill did then declare unto them that they had ordered
four ships of warr vizt., two to go with fishing ships to sayle
on the 1st of April next, and the other two some time in May
to convoy the sacks, and had also ordered a ship of warr that is
now in Lisbon to sayle with what ships are ready there and
bound to Newland and convoy them 150 leagues to the westward
and then leave them. But on remonstrance that there was
great danger on the coast of Newfoundland, it is thus altered
that one of the ships of warr that were ordered to sayle in May,
should sayle with all expedition from hence to Portugall and take
all the ships that are bound from hence to those parts with him,
AMERICA AND WEST INDIES. 235
1703.
and so with all convenient speed convoy both them, and those
that are already at Lisbon to Newfoundland ; but their Honours
at the same time informed them that they could not grant protec-
tions either to their fishing or salt ships unless they surrendered
halfe of their men unto the Queen's Service, which is the greatest
of hardships on them, and indeed in a manner impossible for them
to comply with, for the time of the year is so farr spent that
they have not time, if there were men left in the fishing towns,
for them so to do, which in truth they are not, most of the young
and able men being already listed in H.M.'s Service, and the
Newland trade wholly depending on men's labour, to deny them
men is tacitly to prohibitt the Trade, which your Honours are
highly sensible is of the greatest importance. Tis therefore
humbly desired that your Lordships will as much as in you lyeth
second the petition which the said Merchants intend to-morrow
to present to the Queen and Councill on that subject. Signed,
For the rest John Roope. [C.O. 194, 2. No. 100 ; and 195, 3.
pp. 181-183.]
March 4. 404. Council of Trade and Plantations to the Queen. In
obedience to your Majesty's Order in Councill upon the Petition
of Sir Matthew Dudley and others, praying that they may be incor-
porated for the importation of naval stores from New England,
we have considered their said Petition together with several
Memorials which they laid before us upon that subject ; and
having likewise heard not only the said petitioners, but several
merchants opposing that design, as prejudicial to their trade,
and others desiring that the determination thereon may be
suspended untill the matter have been communicated to the
Government of the Massachusetts Bay in New England ; we
humbly take leave to represent to yr. Majesty. In order where-
unto we have had under our consideration the draught of a
Charter, as first prepared and desired by the petitioners, and
have inserted such amendments, restrictions and provisions
therein as seemed necessary for the publick service, (to the greatest
part whereof the petitioners also have declared their willingness
to agree), which draught we humbly lay before your Majesty,
and take leave to add the following abstract thereof. The design
of this draught being to incorporate the persons to be therein
named, and their successors, for the importing of naval stores
from your Majesty's Plantations, with such powers as are usually
granted to Companies in like cases, for the enabling them to
act as a body corporate, and for ye constituting and electing of their
officers, and the orderly management of their joynt concerns, the
names of persons and the times to be appointed are left in blank to
be filled up as shall be judged convenient whenever the same may
come to receive yr. Majesty's final approbation. The principal
conditions, provisoes and restrictions therein mentioned are,
that they shall have liberty to purchase and enjoy lands, in
England and America, not exceeding the yearly value of 5,OOOZ.
p. annum, as likewise to alienate and dispose of the same ; that
the stock to be subscribed or raised by them for the carrying
236 COLONIAL PAPERS.
1703.
on of their undertaking shall not exceed the summ of 150,OOOZ.
sterl, vizt. 100,000?. in England and 50,000/. in America. That
their Corporation shall not be exclusive of any other persons
from trading in the same commodities. That within two years
after the date of their Patent they shall import into this kingdome
from your Majesty's Plantations (the dangers of the seas excepted)
two ships laden with masts, yards and bowsprits, each of which
ships to be of 300 tunns burthen at the least. And every year
afterwards four ships of the like or greater burthen. That within
three years after the date of their Patent, they shall in like manner
import into this kingdome 500 tunns of tar, pitch and rosin,
and 500 tunns of hemp ; and from thenceforwards, yearly and
every year, 600 tunns of tar, pitch and rosin, and 1,000 tunns
of hemp or greater quantities. That they shall not transport any
sorts of naval stores from America to any other country or place
whatsoever than to this kingdome or other your Majesties
dominions. And for the preventing as much as possible the
pernicious trade of stock jobbing, we have inserted a clause-
That in case any of the members of this Company (except
Executors and Administrators in right of their executorships and
administratorships only) shall at any time within five years,
from the date of their Patent sell, alienate or transfer their share
or interest in the joynt stock or any part thereof, unto any other
person or persons than such as are members of the said Company,
all and every such part or share of the said stock so alienated,
shall from the time of such alienation become forfeited, one fourth
part to your Majesty, another fourth part to the informer, and
the remaining moiety to the said Corporation. We have likewise
inserted severall other clauses and provisions against the making*
a trade of buying and selling of shares. And have further
provided that in case the Governor and Company to be thus
constituted shall not within six months after the date of their
Patent set about the said undertaking, and put the same in
practice according to the tenour and intent of the said Patent ;
or in case they shall not import the aforesaid quantities of naval
stores within the times limmitted ; or if they shall misuse the
powers granted unto them, so as to malke the same grievous
to any of yr. Majesty's subjects, or prejudicial to the rest of the
traders or inhabitants in New England or other Plantations ;
then upon an order or declaration of your Majesty's pleasure
thereupon in Councill, the Letters Patents, which may have been
granted with them, shall at the end of eighteen months next
insuing such orders or declaration in Councill, become voyd.
Which draught of a Charter is herewith most humbly submitted.
Signed, Weymouth, Ph. Meadows, Wm. Blathwayt, John
Pollexfen, Mat. Prior. Annexed,
404. i. Draught of a Charter referred to in foregoing. [C.O. 5,
910. pp. 404-442.]
March 4. 405. Order of Queen in Oouncil. Upon above Representation,
St. James's, referring it to H.M. Attorney General to consider the Representa-
tion and Charter, for his opinion as to the legal part of the said
AMERICA AND WEST INDIES. 237
1703.
Charter. Signed, John Povey. Endorsed, Reed. Read April 5,
1703. f p. [0.0. 5, 863. No. 12 ; and 5, 910. p. 444.]
March 4. 406. Order of Queen in Council. Referring preceding
St. James's. Representation to H.R.H. the Lord High Admiral, who is desired
to report to this Board what he conceives fitt for H.M. to do
therein, or for the better producing of Naval Stores from the
Plantations in America. Signed, John Povey. f p. [C.O. 5, 863.
No. 13 ; and 5, 910. p. 445.]
March 4. 407. Council of Trade and Plantations to the Queen. The
Whitehall. General Assembly of your Majesty's Leeward Charibbee Islands,
having lately passed an Act entituled, An Act for the securing the
payment of twelve hundred pound sterling for the ends therein set
down, the intent whereof is, that the said 1,2002. be employed
by the direction of Coll. Codrington, yr. M's. Governour of those
Islands, for buying Plate to be presented to him, as a testimony
of their respect, which they humbly desire yr. M. would be pleased
to permit ; the said Governour by the constitution of that Govern-
ment being not allowed to receive presents of this kind without
yr. M's leave first obtained, and in consideration that his salary
of 700Z. per annum is not proportionable to his necessary expenses
in the Government, and in regard also of the late services per-
formed by him in reducing of St. Christophers, we humbly offer
that yr. M. be graciously pleased to permit him to receive the
present before mentioned. Signed, Weymouth, Ph. Meadows,
Wm. Blathwayt, John Pollexfen, Mat. Prior. [C.O. 153, 8.
pp. 139, 140.]
March 4. 408. Order of Queen in Council. Approving preceding
St. James's. Representation and ordering accordingly. Signed, John Povey.
Endorsed, Reed. Read March 23, 170|. f p. [C.O. 152, 5.
No. 17 ; and 153, 8. p. 156.]
March 4. 409. Order of Queen in Council. Upon reading above
St. James's, representation, ordered that the Lords Commissioners of Trade
and Plantations do lay before H.M. at this Board an account of
the salaries that now are or may be properly assigned to the
respective Governors in the Plantations in order to the hindring
such Governors from receiving presents from the Assemblys for
. the future. Signed, John Povey. Endorsed, Reed. Read March 8,
170f. J p. [C.O. 323, 5. No. 8. ; and 324, 8. pp. 224, 225.]
March 4. 410. Council of Trade and Plantations to the Earl of
Whitehall. Nottingham. In pursuance of your Lordship's letter of the
1st instant, we have considered a second proposall offered by
Sir Jeffrey Jeffreys for an experiment of a vessell to make two
voyages to New York for settling a correspondence with the
Continent of America, by which the said Sir Jeffrey Jeffreys
desires that his vessell may be made a packett-boat and have
a protection for forty men during the two voyages, to be per-
formed in sjx or seaven months ; that his vessell may stay thirty
238
COLONIAL PAPERS.
1703.
days at New York, and take in upon freight such goods and
passengers as offer out and home, without any limitation, and
that for this undertaking he may have the advantage of the
postage of all letters to be sent and returned by the said vessell.
Upon which we humbly offer that these priviledges will be of
benefit to the said Jeffrey Jeffreys, by the preference given him
in the course of his trade, but of no advantage to the publick ;
for that the unlimited taking in of what goods he thinks fit will
too much retard the sailing of his ship, and the thirty days stay
at New York will frustrate the dispatch which is chiefly designed
by the setting up of packet-boats for the West Indies. This
vessell in the manner now proposed being no more usefull for
the conveyance of letters to and from those parts than any other
ship trading to New York, or other part of the Continent ; whereas
in the case of his staying five days at New York and not carrying
above fifty tunns of goods as mentioned by us in our first report,
the intent of a quick correspondence was better answered and
might have been carryed on with little charge ; so that upon the
whole matter, we are humbly of opinion that this last proposall
will noways contribute to H.M.'s service or the benefit of the
Plantation Trade. Signed, Weymouth, Ph. Meadows, Wm.
Blathwayt, John Pollexfen, Matt. Prior. 2 pp. \C.O. 5, 1084.
No. 16 ; and 324, 8. pp. 222-224.]
March 4. 41 1 . Journal of Council of Trade and Plantations. A
Representation upon the draught of a Charter for the importation
of Naval Stores from America was signed, and together with
the said draught sent to the Council Board.
Report upon an Act of the Leeward Islands signed and sent
to the Council Board.
Letter to the Earl of Nottingham in answer to his of the 1st,
signed and sent.
Letter from Mr. Bridges, Surveyor of the Ordnance, enclosing
a proportion of Naval Stores sent to Barbados, read and ordered
to be entered.
Order in Council, Jan. 7, upon the petition of Mr. Lee, was
again taken into consideration, and directions given for preparing
a report.
March 5. Memorial from Mr. Thomas Byerley read. He was told there
was no vacancy in the Council at New York, but that their
Lordships would offer to H.M. that the Lord Cornbury may be
directed to admit him upon the first vacancy.
Representation upon the memorial of Robert Lee signed.
Order of Council, Feb. 11, disallowing an Act of New York, read.
Several letters and papers from Lord Cornbury, dated in
December, were laid before the Board. The first being read,
the Address therein mentioned was sent in a letter from the
Board to the Earl of Nottingham. Ordered that a Representation
be prepared wherewith to lay before H.M. an Act for granting
Lord Cornbury 2,OOOZ.
Ordered that a copy of Mr. Champante's Memorial relating
to Capt. Nanfan be sent to Mr. Thrale, and that Thrale and
AMERICA AND WEST INDIES.
239
1703.
Capt. Matthews on the one side, together with Mr. Champante
and Mr. Taylor on the other, have notice to attend this Board
on Wednesday. [C.O. 391, 16. pp. 7-13 ; and 391, 97.
pp. 185-193.]
March 4. 41 2. Journal of Assembly of Jamaica. See Minutes of
Council in Assembly under date. The Committee of the Conference
upon the Bill to invest H.M. in lands reported that the Committee
had met, and upon debate on the amendment relating to Elias
Nazeran, it was voted that his lot and that of other gentlemen
mentioned in the amendment from the Council should be con-
firmed to them, they paying 10?. each parish for the use of the parish.
Committee appointed to inquire into the proceedings of Justices
and Vestries of Port Royal in laying on their taxes by the Acts
of the last Assembly ; the persons appointed to assess the Jewish
nation to give an account to the Committee of the several persons
by them taxed and assessed and in what sums.
March 5. Capt. Thomas Freeman absenting himself from the service
of the House, he was sent for by the Speaker's warrant.
Resolved, that the House adhere to theire own Bill as to the
sufferers of Port Royal being exempted from taxes.
Bill for encouraging the importation of servants was recommitted.
Bill for quartering the soldiers was read and committed.
See Minutes of Council in Assembly under dale.
Bill to enable the Justices of St. George's etc. was read the third
time and passed.
March 6. The Committee of the Conference reported that upon debate
about the Commissioners mentioned in the Act [? for settling
Kingston], the Committee of this House adhered to their
Commissioners, which the Gentlemen of the Council seemed to
resent as being impracticable and unreasonable for the Gentlemen
who are against the body of the Act to be nominated Commissioners
therein. And as to the exemption of the people of Kingston
from taxes for seven years, the Gentlemen of the Council insisted
mightily that it should be general, to prevent distinctions and
animosities, which the contrary would of necessity occasion,
and they declared they should never consent to the passing
of the Act on any other terms. As to the clause concerning
the filling up the swamp etc., the penalty therein laid on the
Justices they thought very unreasonable, it being a very voluntary
offer and proposal of their own, but that a penalty ought to be
laid on the persons neglecting or refusing to comply with the
orders of the Justices and Vestries. It was agreed that all the
houses built at Kingston after Jan. 9 last should be free from
taxes for seven years ; that the penalty should not be laid on
the Justices ; that the Commissioners should stand as they are.
Ordered that a Bill be brought in to encourage building and
settling in the parish of St. Katherine. [C.O. 140, 7. pp. 3-8.]
March 4. 41 3. Minutes of Council of the Massachusetts Bay.
Boston. 326?. 10s. 8d. paid to the Hon. Col. Thomas Povey on account
of the soldiers lately dismissed from H.M. Castle ; and 426?. 14s. 8rf.
pn account of the standing garrison.
240
COLONIAL PAPERS.
1703.
121. 15s. 3d. paid to Lieut. Nathaniel Holmes for several
utensils purchased by him on account of the garrison.
Whereas the Great and General Court or Assembly are appointed
to convene in Boston upon the 10th currant, several of the
Members whereof probably may not have had the small-pox,
and that distemper having lately been spread through the town,
ordered that effectual care be taken by two Justices of the Peace
and the Select Men of the said town to give notice by the Constables
to the heads of familys, where that distemper has been, forth-
with to cleanse and aire their houses, and to burn some tarr
therein to prevent infection.
March 5. H.E. communicated to the Council letters received this morning
by* an express from Lt.-Gov. Partridge, advising that the Scouts
from Dover on the third inst. made a discovery of a number of
Indians supposed to be enemies. H.E. proposed to send out
Capt. Somerby of Newbury with a party of the troop under
his command as far as Dover and parts adjacent to make a further
discovery. And also to raise a foot company of fifty or sixty
men of the Militia in the Middle Regiment within the County "of
Essex for the enforceing and strengthening of the Eastern parts
of this Province. Advised, that John Foster and Andrew Belcher
do restore the moneys, sometime since put into their hands
to be employed for the redemption of captives from Salley, unto
the several persons and places from whom they received it,
there being no occasion of using it for that service, H.M. having
effected a general redemption of all the English captives
there.
Upon reading the petition of James Bull, late captive in
Macconess, setting forth the extraordinary hardships he endured
there, by the space of eight years and two months, and wasted
that little estate he had, and praying that inasmuch as there is
a general delivery of all the English captives from thence, the
remainder of the money remitted to Mr. John Ive for his redemp-
tion and releife, and now in his hands, may be bestowed upon
him, advised, that Samuel Sewall, who was to be trusted in that
affair, do give order to Mr. John Ive to deliver the remainder
of the money in his hands aforesaid free of all charge to
James Bull.
Accompt of Col. Daniel Peirse, for provisions sent for trade
and supply of the Eastern Indians, committed. [C.O. 5, 789.
pp. 489, 490.]
March 4. 41 4. Minutes of Council of New Hampshire. Ordered that
Portsmouth. Proclamations be sent to all the Towns of this Province for
prorogueing the Assembly till April 13. [C.O. 5, 789. p. 142.]
March 5. 41 5. Council of Trade and Plantations to the Earl of
Whitehall. Nottingham. Enclosing Addresses from New York received in
Lord Cornbury's letter [? Dec. 10, 1702] to be laid before the
Queen. Signed, Weymouth, Robt. Cecill, Ph. Meadows, Wm.
Blathwayt. \C.O. 6, 1119. p. 400.]
AMERICA AND WEST INDIES. 241
1703.
March 5. 41 6. Council of Trade and Plantations to the Queen. Report
Whitehall upon Order in Council, Jan. 7, and previous reports upon the
FetTlf) matter > Au g" 1689 > May, 1694 (q.v.), by which the right of the
'' Earl of Sterling and his executors to the arrears of the annuity
is acknowledged, but the compensation desired by them not
thought fit to be granted. " We are humbly of the like opinion,
viz., that the propriety of Long Island having been many years
by legal grants in the quiet possession of other private owners,
and under your Majesty's immediate Government, we do not
conceive it advisable for your Majesty to permit it to be separated
from the Crown ; but it appearing to us that the younger children
of the said Earl have a right to a compensation for the said debt,
we do humbly recommend them as worthy of your Majesty's
gracious consideration and bounty." Signed, Weymouth, Dart-
mouth, Robt. Cecill, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen,
Mat. Prior. [(7.0. 5, 1119. pp. 388, 389.]
[March 5.] 41 7. Thomas Byerley to the Council of Trade and Plantations.
Whereas H.M. has been gratiously pleased to appoint Thomas
Byerley Receiver and Collector of her Revenues in New York,
it having always been thought necessary for H.M. service that
the person discharging the said office should assist and be present
in all Assemblys and Councils held for the preservation and
management of the said Government and the Revenue thereunto
belonging, submits that he should be vested in the like Com-
mission. Signed, Thomas Byerley. Endorsed, Reed. Read
March 5, 170|. 1 p. [C.O. 5, 1048. No. 35.]
March 5. 41 8. George and John Lapthorne to William Popple. Receipt
Plymouth, for letters for Barbadoes and Jamaica. Signed, George and John
Lapthorne. Endorsed, Reed. 8th, Read March 9, 170f. | p.
[C.O. 323, 5. No. 9.]
March 8. 41 9. Opinion of the Attorney General upon actions brought
by Col. Bayard and Mr. Hutchins against their Judges and
Grand Jury. Query, whether Bayard and Hutchins, standing
yet attainted, can have any such right of action, and whether
they could have brought such actions had their attainders
been actually reversed. Opinion : The actions ought not to
have been brought either against the Judges or the Grand Jury,
and the same will not lye against them, for what they did as
Judge or Jury. Besides, a person attainted cannot sue, nor
in this case will any action lye after the attainder is reversed.
Signed, Edwd. Northey. Endorsed, Reed, from Mr. Champante.
Reed. Read March 23, 170|. -f p. [C.O. 5, 1048. No. 47 ;
and 5, 1119. pp. 439, 440.]
[March 8.] 420. Governor Seymour to the Council of Trade and
Plantations. Petition for allowance for transport to Maryland,
adducing precedents of amounts allowed to Governors of
Plantations. Signed, Jo. Seymour. Endorsed, Reed. Read
March 8, 170|. 1 p. Annexed,
Wt. 87041. 19
242
COLONIAL PAPERS.
1703.
420. i.-v. Precedents of allowance of transport to Governors of
Plantations. 4 pp. [0.0. 5, 715. Nos. 73, 73.i.-v. ;
and (without enclosure) 5, 726. p. 175.]
March 8. 421. Mr. Pereyra to the Council of Trade and Plantations.
Memorial in behalf of the Jews in Jamaica, praying that they
may not be taxed more than any other nation. They were taxed
in the manner as the other inhabitants until Sir William Beeston's
time, when some merchants conceiving a jealousy that they
sold their merchandize cheaper than they would afford them,
prevailed on the Government to tax them in an extraordinary
manner, hoping thereby to oblige them to quit the Island and
their settlements, and then to oblige the Planters and other '
inhabitants to purchase their merchandize at such rates as they
should think fit to impose. The Jews before the present war by
their industry and interest had procured the Assiento of Negroes
to be established at Jamaica, which very much promoted the
trade between the said Island and the Spanish West Indies to
the great profit of England. Whereas it is objected against the
Jews that the meaner sort of them buy anything from the negroes,
which encourages them to steal from their masters, it is humbly
conceived that if the fact was true, and they alone were the
buyers, an Act would have been made to punish the offenders.
Presented by Ishack Pereyra. Endorsed, Reed. Read March 8,
170f. 1 p. [C.O. 137, 5. No. 100.]
March 8. 422. Journal of Council of Trade and Plantations. Order
Whitehall. O f Council, March 4, read.
Col. Seymour, appointed Governor of Maryland, laid before
the Board a Memorial relating to the charge of his transportation
etc., and desired extracts of what may be in this office upon the
allowances to other Governors. Ordered accordingly.
Mr. Perera laid before the Board a Memorial relating to the
Jews in Jamaica. Report ordered to be prepared that an
Instruction may be given to the Governor of Jamaica for that
purpose.
The remaining letters and papers received from Lord Cornbury
read. And upon a passage in that of Dec. 12, directions were
given for sending some part which relates to the cloathing of the
soldiers to Mr. Champante for his answer etc. Upon another
passage, letter to Mr. Lowndes ordered.
March 9. Letter to the Earl of Nottingham relating to Mr. Byerly's being
constituted a Member of the Council of New York signed.
Letters from the several Mayors of the Out-Ports laid before
the Board, and the accounts of ships bound thither.
Letter from Messrs. Lapthorne read.
Their Lordships took into consideration the Acts past at the
Assembly of New York, Nov. 27 last, and thereon made the
following remarks : Act 14, relating to the Revenue, being
but for three years from the expiration of the former, the
Lord Cornbury should have endeavoured to have got it for a
longer time. The 1st, 2nd, 6th, 7th, 8th, 12th and 15th, all of
AMERICA AND WEST INDIES. 243
1703.
them being temporary, his Lordship ought to take care that such
of them as were intended only as probationary be not re-enacted
otherwise than according to the directions contained in his
Instructions. Further, upon the 7th, which relates to the Militia,
mem. to write to Lord Cornbury to send copy of the Articles of
War.
The third is for a present of 2,0001. to Lord Cornbury, which
is to be represented, so that he may have H.M. leave to receive
it. The 4th, 5th, 9th, llth Acts are without exception. The
10th, relating to the repeal of several former Acts, their Lordships
directed the particular subject and circumstances of each be
looked into, in order to their considering how such of them as
are fit to be repealed may be particularly disallowed by the
Queen without confirming this Act of Assembly for so general
a repeal, which is not only an improper method, but contains
also unfit expressions (as obliterating, deleting, etc.) which ought
not to be done, because it is a destroying of a Record that may
probably be useful in some occasions, and ought to be preserved.
Upon the 13th Act, relating to a Post Office, ordered that a copy
be sent to the Post-Master General for his observations thereupon.
Upon the whole, Memorandum to desire his Lordship hereafter
to send all Acts separate under distinct seals.
Their Lordships took again into consideration the draught
of a representation upon the general state of the Province of
New York, which was some time since begun, and gave directions
for a further proceeding to be made therein. Upon his Lordship's
letter of Sept. 27, ordered that the Secretary acquaint Mr. Weaver
that he complains of his having carried away the books belonging
to his office, and desire his answer thereunto.
March 10. Mr. Gary presented to the Board the copy of an Address of the
Assembly of St. Christopher's to Col. Codrington, with a copy of
an Act of that Island, entituled an Act providing fifty slaves
to be presented to H.E., in order to begin a settlement here,
which were read, but the said Act not being under the seal of the
Island, their Lordships thought not fit at present to take any
resolution thereupon.
Mr. Champante with Mr. Taylor on one side, and Mr. Thrale
with Capt. Matthews on the other attending according to appoint-
ment, the latter laid some papers before the Board, copies whereof
were given to Mr. Champante. Further, after some disputes
between the parties about the state of those accounts to be laid
before them of what money will be saved by the respitts from
the time that Capt. Nanfan begun to pay the Companies their
subsistence to May 9, 1702, supposing the full subsistence paid
to him till that time ; and directed copies of this Minute to be
given [sic] to Mr. Champante and to Capt. Matthews. The said
parties were further advised to meet amicably and endeavour to
adjust the Lady Bellomont's accounts. [C.O. 391, 16. pp. 13-21 ;
and 391, 97. pp. 197-207.]
March 9. 423. William Popple to William Lowndes. The Lords
Whitehall. Commissioners for Trade and Plantations having received an
244
COLONIAL PAPERS.
1703.
March 9.
Whitehall.
March 9.
Whitehall.
March 9.
Whitehall.
March 9.
Admiralty
Office.
answer from the Lord Cornbury to what they had writ him
concerning the drawing of Bills from New York, send you enclosed
extract of his letter for the information of the Rt. Hon. the
Lord High Treasurer. [C.O. 5, 1119. pp. 414, 415.]
424. William Popple to John Champante. The Council of
Trade and Plantations send you the enclosed extracts of a letter
from Lord Cornbury relating to the cloathing for the soldiers
at New York which you last sent thither, and to desire your
answer thereunto, together with a particular invoice and estimate
of that cloathing. The meeting appointed for to-morrow is
intended by their Lordships not only for the examination of the
Countess of Bellomont's account, but also of Captain Nahfan's.
[C.O. 5, 1119. pp. 413, 414.]
425. William Popple to Sir Robert Cotton and Sir Thomas
Frankland, Postmasters General. The Council of Trade and
Plantations send you enclosed copy of an Act lately passed in the
General Assembly of New York for inforcing and continuing a
former Act for incouraging a Post Office in that Province, and
to desire you to consider the same, and give them your observations
thereupon, with what speed you can, in order to their laying the said
Act before H.M. [C.O. 5, 1119. pp. 412, 413.]
426. Council of Trade and Plantations to the Earl of
Nottingham. H.M. having been lately pleased to appoint
Thomas Byerly to be Receiver and Collector of her Revenues in
the Province of New York, and he having desired us to move
that he may be constituted a Member of H.M. Council there,
as his predecessors in that office have been, which we find
accordingly to be true and do conceive the same method very
fit to be continued, but there being at present no vacancy in
that Council, we take leave to offer that your Lordship would
be pleased to move H.M. that the Lord Cornbury, Governor of
that Province, may be directed to admit Byerly a Member
of H.M. said Council on the first vacancy that shall happen ;
which we humbly propose may be done by H.M. under her royal
sign manual. Signed, Dartmouth, Ph. Meadows, Wm. Blathwayt,
Jno. Pollexfen, Mat. Prior. [C.O. 5, 1119. pp. 415, 416.]
427. H.R.H. the Lord High Admiral to the Queen. In
pursuance of H.M. Order in Council of the 4th inst., on the
petition of several merchants and masters of ships on this side
of Gravesend, humbly praying that their ships therein mentioned
being fitted out with provisions etc. for Virginia, may have leave to
pass Gravesend and proceed to the Downs, to join the convoy,
by which means they hope to be the better enabled to comply
with H.M. order, that all ships on this side of Gravesend should
deliver one half of their men into H.M. Fleet ; I offer it as my
opinion that they ought not to be permitted to proceed on their
aforesaid voyage without first delivering their men according to
the late Order in Council, for that it will not only be a great
AMERICA AND WEST INDIES. 245
1703.
hardship on those who have already furnished H.M. ships with
their proportions of men, and encourage others who are under the
same circumstance to make the like application, but possibly
defeat H.M. intentions hi the aforesaid Order in Council. Signed,
George. l\ pp. [S.P. Naval, 7. under date.]
March 9. 428. Journal of Assembly of Jamaica. Col. Francis Rose
was granted leave of absence.
Capt. Thomas Freeman attending (see March 5), ordered that
he withdraw in custody of the Messenger, and that he be heard
at another time.
March 10. Bill to confirm the will of John Thomas read the first time
and committed.
Ordered that Dr. Samuel Mayo be summoned to attend the
Committee appointed to examine the Bill for making good the
will of Anne Archer.
Bill for settling the estate of George Read, deed., was read
and past the first and second time.
Capt. Freeman, offering his excuses, was discharged, paying
his fees.
Bill for quartering the soldiers was read first time and passed.
[G.O. 140, 7. pp. 8-10.]
[March 10.] 429. Capt. Mathew's objections to Mr. Champante's Accounts.
Signed, Peter Mathews. Endorsed, Reed, from Mr. Thrale
and Capt. Mathews. Reed. Read March 10, 170|. 1J pp.
[(7.0. 5, 1048. No. 37.]
[March 10.] 430. An Account of Money paid to the Earl of Bellomont and
Mr. Champante by the Earl of Ranelagh. f p. Endorsed, Reed,
from Mr. Thrale and Capt. Matthews. Reed. Read March 10,
170f . | p. [G.O. 5, 1048. No. 38.]
[March 10.] 431. Abstract and State of the Respits of the Four Companies
at New York, March 26, 1699-Dec. 24, 1702, with a comparison
between the Establishment and the surplus number of men kept
up by the Captains. Endorsed as preceding. 3 pp. [C.O. 5,
1048. No. 39.]
March 10. 432. Minutes of Council of the Massachusetts Bay. H.E.
Boston, communicated to the Council a letter from Governor Winthrop
of Connecticot, signifying that pursuant to H.E.'s direction for
the better security of coasting vessels from those parts bound
to Boston with provisions, he had ordered them to make up a
fleet at New London, and to be in readiness to attend a convoy
by the last of this present month, and so by the last of the
following months successively, desiring to be ascertained of the
coming of the convoy, by the time set. He also communicated
a letter from Lt.-Gov. Partridge concerning the Indians lately
seen in the woods near Dover, some of whom had been in at
246
COLONIAL PAPERS.
1703.
Cochecha, but were gone ; he having directed Mr. Waldron to
write a more particular accompt of them and their behaviour ;
and therefore thought it necessary to hear further before he
dismist the company of souldiers newly raysed within the County
of Essex, but should quarter them out for, two or three days.
H.E. further acquainted the Council of the discourse he had
yesterday at Cambridge with Watanuman, one of the Pennicooke
Sachems, and that he had set him a line for him and his men
in their hunting, and directed that they come to the Tradeing-
house near Wataanuck for their supplys, and not to come to
any of the English towns or settlements ; that he should give
speedy notice of any French or French Indians that should come
to debauch them, and not entertain them ; that he should
forthwith speak to George Tohanto, the other Sachem, and direct
him to wait on H.E. All which he promised carefully to observe
and perform.
March 11. The General Assembly being then setting, H.E. acquainted
the Council that he appointed a General Council to meet upon
Thursday, March 18, for the nomination of civil officers.
March 12. H.E. acquainted the Council that he had a matter to open
to them, which he expected their secrecy in, on their oaths as
Councillours. And then recited the proceeding of the last
Court of General Sessions of the Peace held at Charlestown within
the County of Middlesex in dismissing of Timothy Phillips, late
Sheriffe of the said County, without a trial, being bound over to
answer what should be objected against him on H.M. behalfe,
particularly for seditious and threatening words against the life
of H.M. Governour of this Province, which the said Phillips reported
to have been uttered [sic], as contained in his recognisance and
the evidences, which were read. And then [H.E.] askt the advice
of the Council, who are of opinion that the Justices of the said
Court have neglected their duty in dismissing of the said Phillips,
and advised that the said Justices do convent Phillips before
them and bind him over to the next Superior Court of Judicature
and Assize to be holden within the said County to answer what
shall be objected against him relating to the said words. [(7.0. 5,
789. pp. 490, 491.]
March 10. 433. Minutes of Council in Assembly of the Massachusetts
Boston. Bay. H.E. communicated to the Council the application made
to him by some considerable number of the members of this
Court, that the Court might sit at Cambridge or elsewhere, as
H.E. should think fit, they being fearful to come into Boston by
reason they have not had the small-pox, and come fresh out of
the country, that distemper, having lately prevailed much in
Boston, and the Town not yet quite clear thereof ; also that
the house of Mr. Stephen Minot in the occupation of John Walker,
situate at the further end of Boston Neck, remote from the body
of the Town, had been proposed to him as accommodablo to
entertain the Court. Representatives sent to view the House.
March 11. The following Representatives took the oaths appointed, and
repeated and subscribed the Declaration :
AMERICA AND WEST INDIES. 247
1703.
County of Suffolk.
Boston, Samuel Legg.
Capt. Samuel Checkley.
Thomas Oakes.
Capt. Ephraim Savage.
Roxbury, William Denison.
Dorchester, Hopestil Clap.
Milton, George Sumner.
Brantery, John Baxter.
Weymouth, Capt. Stephen French.
Hingham, Lt. Theophilus Gushing.
Dedham, Capt. Daniel Fisher.
Wrentham, Samuel Fisher, jr.
Medfield, John Thurston.
Mendon, Capt. Josiah Chapin.
Woodstock, Phillip Eastman.
County of Hampshire.
Springfield, John Hitchcock.
Northampton, John Clarke.
Hatfield, Eliezar Frarey.
Hadley, Thomas Hovey.
Westfield, Capt. Isaac Phelps.
County of Essex.
Salem, Josias Wolcot.
Capt. Samuel Gardner.
Lynn, Lieut. John Peirson.
Marblehead, Richard Trevet.
Beverly, Isaac Woodberry.
Wenham, Thomas Patch.
Ipswich, Nehemiah Jewett.
Nathaniel Knolton.
Rowley, Capt. Joseph Boynton.
Newbury, Capt. Stephen Greenleafe.
Salisbury, Isaac Morrels.
Amesbury, John Kimball, senr.
Bradford, Capt. David Haseltine.
Haverhill, Lieut. John White.
Andover, Capt. James Frye.
Topsfield, Capt. John Gold.
Glocester, Capt. James Davis.
Boxford, William Foster.
County of Middlesex.
Charlestown, Samuel Heyman.
Samuel Phipps.
Cambridge, Thomas Oliver.
Simond Stone.
Watertown, Joseph Sherman.
Sudbury, John Balcombe.
Marlboro', Capt. Henry Kearley.
Maiden, Edward Sprague.
Newtown, James Trobridge.
Bilrica, James Frost.
248 COLONIAL PAPERS.
1703.
Woobourne, James Converse.
Medford, Lieut. Thomas Willis.
Sherbourne, Thomas Sawin.
Simon Davice.
Concord, Nathaniel Billings.
Chelmford, Nathaniel Hill.
Reading, Major Jeremiah Swane.
Framingham, John Haven.
County of York.
Kittery, Samuel Winkley.
County of Plymouth.
Plymouth, James Warren.
Situate, Thomas King.
Duxborough, Edward Southward.
Marsfield, Capt. Nathaniel Winslow.
Bridgewater, Edward Fobes.
County of Barnstable.
Barnstable, Lieut. -Col. John Goreham.
Sandwich, Major William Bassett.
Yarmouth, Thomas Sturgis.
Eastham, John Done.
County of Bristol.
Bristol, Nathaniel Blagrove.
Rehoboth, Stephen Payne.
Taunton, Benjamin Crane.
Little Compton, John Palmer.
Island of Nantucket.
William Gayer.
H.E. directed them to choose a Speaker, and they reported
that they had made choice of James Converse for their Speaker,
and John White for their Clerk. H.E. declared his acceptance
of those gentlemen.
The Assembly having been summoned, H.E. addressed the
Court : I did not expect when I parted with the Assembly
in November that I should have maintained a quiet upon the
frontiers thus long, but I am sensible that notwithstanding there
is no infraction of the peace, that the pressing instances of the
French by their officers and Jesuits that are amongst the Indians
are such that it is not possible for them to withstand their
importunity to break with us, unless we have a considerable force
in the Province of Mayn, who may be a security for them, and
a guard over them, the charge whereof must be provided for.
I laid before the last Assembly H.M. commands for the rebuilding
the Fort at Pemaquid, which was also the command of the late
King, and that Assembly went so far in that affair as to direct
a Committee of both Houses to attend me to the place, who
made their report, advising to go forward in that worke, and
their return was accepted and agreed to in the Council, but
refused by the Gentlemen of the House of Representatives. It
is H.M. pleasure that all possible methods be used to persuade
you to an obedience herein, with H.M. most gracious encourage-
ment that no ordnance nor stores shall be wanting towards the
AMERICA AND WEST INDIES. 249
1703.
finishing and maintaining the same. The last Sessions ordered
Five thousand pounds Bills of Credit to be issued by the Treasurer
to pass in publick payments, and for their security enacted that
the next Assembly should raise six thousand pounds for their
repayment, which is therefore now to be done.
I must also recommend to your care the lines drawn before
the Town of Boston, which reach from the Batteries at each
point. It was at first a very good projection and security to
the harbour and town, but it is now become a nuisance, and will
at length serve only to destroy the Harbour and spoil the shipping.
You will please to consider either to put it upon the present owners
to repair it, or upon their submission of it, to dispose it to a new
Company, that it may not be a mischief to us. There remains
but a little to be done at the Castle, which, as Col. Romer and
the Commissioners acquaint me, may be finished before mid-
summer, and that noble work will be perfected, for which this
Province ought to have its just reputation, and as my duty is,
I shall so represent it to H.M. I desire your concurrence
for the supply, that no time may be lost, and when I am
there free of workmen and materials, you shall see the
Government and care of that Garrison in its proper posture in
all things.
I am often solicited and spoken to referring to the Colledge
at Cambridge. I am sorry for the mistakes of this Government
at any time in that affair. If there be anything that imports
me referring to it, when it shall be communicated, I shall very
freely do my duty to lay it before H.M., and in everything referring
to the good and peace of this Province exert myself to the utmost,
and hope the same of everybody in their proper stations. There
are very few places without some ill-minded men that would be
glad to see all things in confusion, and to that end would create
misunderstandings and prejudices in the minds of H.M. good
subjects against Her own Government. I hope your unanimous
and cheerful obedience in the Queen's service will disappoint the
ill-designs of such men, who, with a pretence of friendship to this
countrey, are their worst enemies, and whilst H.M. most sacred
Majesty is successful and victorious everywhere, would have her
defeated and disappointed here of the just duty and service of
her own people. I must desire a very speedy dispatch of these
affairs, because if I have forces to the eastward, I must be near
them, and I think it necessary for me to see the Indians there,
if possible to confirm them in their obedience to H.M., and their
dependence upon this Government.
The Representatives desiring a copy of the Speech, it was
delivered to them.
It was proposed to the Representatives that a Joint Committee
be appointed to summon a meeting of the Proprietors of the
out-wharfs in Boston, and to consider of methods for the raising
and supporting of them, and what may be thought necessary
to be done by this Court in laying of such toll and dutys on vessels
lying to or within the same as may support the charge thereof.
[G.O. 5, 789. pp. 792-796.]
250 COLONIAL PAPERS.
1703.
March 11. 434. Council of Trade and Plantations to H.M. Enclosing
Whitehall, the following. Signed, Weymouth, Dartmouth, Ph. Meadows,
Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. Annexed,
434. i. Draught of Instructions for John Seymour, Captain-
General and Governor in Chief of Maryland. Members
of Council : Thomas Tench, John Addison, Thomas
Brook, Robert Smith, John Hammond, Francis Jenkins,
Edward Lloyd, William Holland, James Saunders,
Kennelan Chittleton, William Coursey, Thomas Erinals
and Robert Quary. Quorum of 5. Governor to take
fths of the moiety of impost of 2s. per hhd. of tobacco,
the remaining Jth to be applied to maintaining a constant
magazine with arms and ammunition. The Governor
to receive the 3d!, per hhd. on tobacco for his better
support during his government, if the Assembly continue
that duty. Lord Baltimore's Agents to be allowed
to collect the other moiety of the 2s. per hhd. for his
use as Proprietor. All tobaccos shipped in Maryland,
from what part soever they come, to pay Maryland
duties. Appeals to be allowed from inferior Courts to
the Governor in Council (no limit specified), " wherein
such of our Council as shall be at that time Judges of
the Court from whence such appeals shall be made,
shall not be admitted to vote upon the appeals, but
they may nevertheless be present at the hearing thereof
to give the reasons of the judgment given by them
in the cause." Appeal from the Governor and Council
to H.M. in Privy Council to be allowed, provided the
value appealed for exceed 300Z. sterl., and that such
appeal be made within 14 days after sentence and good
security given by the appellant etc., and provided that
execution be not suspended by reason of any such appeal
unto us. And inasmuch as it may not be fit that appeals
be too frequently and for too small a value brought
unto our Governor and Council, you shall therefore
with the advice of our said Council propose a law to
be passed wherein the method and limitation of appeals
unto our Governor and Council may be settled and
restrained in such manner as shall be most convenient
and easy to our subjects in Maryland. Appeals also
to be admitted to H.M. in Council in all cases of fines
imposed for misdemeanour, provided the fines so imposed
amount to or exceed 200/., the appellant first giving
good security that he will effectually prosecute the
same, and answer the condemnation if the sentence
be confirmed. The other instructions follow the lines of
those summarised in the case of other Governors. See
Cal. A. &. W. I. May 12, 1702. [C.O. 5, 726. pp.
176-221.]
March 11. 435. Draught of Instructions for Governor Seymour relating
to the Acts of Trade and Navigation. [C.O. 5, 726. pp. 222-253.]
AMERICA AND WEST INDIES.
251
1703.
March 1 1 .
436. Sir Edward Northey to the Council of Trade and
Plantations. In obedience to your Lordships' order Feb. 4,
I have considered of an Act of the Leeward Islands for naturalizing
Colonel Walter Hamilton of Nevis, and I do not see any objection
against allowing an Act of Naturalization made in the Plantations,
since the effect of it will be only to make him a natural born
subject there, and he cannot take advantage of such naturalization
in England, but if he come hither he will be an alien here,
notwithstanding this Act ; if the Colonel before making the Act
(while an alien) had purchased any lands they would belong to
the Crown, an Alien being capable of taking only for the benefitt
of the Crown. But this Law gives away the Queen's right to them,
it not only enabling him to purchase after the Act, but to hold
what he has acquired before making it, but in regard (as it appears
by the Act) that he was born of English parents (in which case,
if his father were beyond sea in the account of trade, he is a
dennizen without this Act). Whether in consideration thereof,
and of the service he hath performed to the Crown (taken notice
of in the Act) your Lordships will not think it reason to advise
H.M. to approve of the Act, I humbly submit to your Lordships'
consideration. Signed, Edw. Northey. Endorsed, Reed. 19th,
Read March 23, 170f . 1 p. [C.O. 152, 5. No. 18 ; and 153, 8.
pp. 153, 154.]
March 11.
Whitehall.
437. Journal of Council of Trade and Plantations. Upon
further consideration of the Act of St. Christopher's mentioned
yesterday, their Lordships gave directions for preparing a letter
to Col. Codrington upon that subject.
Representation wherewith to lay before H.M. the draught of
Col. Seymour's Instructions for the government of Maryland,
together with another draught of Instructions relating to the
Acts of Trade and Navigation signed.
Their Lordships took into consideration the draught of a report
to be made upon the Lord Cornbury's letters relating to New
York, and made some progress therein.
March 12. In pursuance of the minutes of March 8, the Secretary laid
before the Board an extract of what has been allowed to the
Governors of several Plantations for the transportation of them-
selves and families to their respective governments, whereupon
he was ordered to certify the truth thereof and deliver the same
to Col. Seymour.
Mr. Cobb, the Solicitor, brought to the Board the Acts of the
Assembly of Mountserrat, which were sent to Mr. Attorney General,
Jan. 29, together with his report upon one of them.
Letter to Mr. Secretary Hedges signed.
Mr. Thrale and Capt. Matthews laid a paper before the Board,
which was read. Ordered that a copy of the first part, relating
to respites, be sent to Mr. Champante for his answers on Monday,
if he have anything to object, why that money should not be
stoped in the Paymaster's hands towards the recruiting of the
Foot Companies at New York. And whereas the latter part of
the paper does relate to the clearings and other accounts of the
252
COLONIAL PAPERS.
1703.
officers with Capt. Nanfan, those gentlemen were told that they
ought to make their application either to the Pay-Office, or where
else they may think proper.
Ordered that the Secretary do send to Mr. Burchet an abstract
of the several letters lately received from the out-ports. [(7.0.
391, 16. pp. 21-25 ; and 391, 97. pp. 209-213.]
March 11.
St. Jago
de la
Vega.
438. Minutes of Council of Jamaica. Upon reading a letter
from H.E. James Moor, Governor of Carolina, giving an account
of their retreat from St. Augustine's, their designe of a second
attempt, and praying liberty to deteyne the mortar and stores
accommodated to them by the hands of Col. Daniell, it was
ordered that six months longer time be given.
191. 8s. 3d. paid to Henry Piers for petty expenses in H.M.
Fort Charles.
Ordered that the Receiver General pay to Lt.-Gov. Tho.
Handasyd 250?. due to him for a quarter's salary.
Ordered that 30Z. supplied by H.E. to the Captain of the two
companies from New England be repaid to him.
18/. paid to Col. Charles Knight for liquors etc. on the reception
of the late General Selwyn. [G.O. 140, 6. pp. 133, 134.]
March 11.
March 12.
439. Journal of Assembly of Jamaica. Act to invest H.M.
in land in Kingston read three times and passed with amendments,
and sent up.
Act for quartering the soldiers was read and recommitted.
Bill confirming the will of John Thomas was read three
times.
Resolved that a clause be brought in to prevent any of the
inhabitants of this Island from listing or being listed in any of
the regiments under pay in this Island.
Upon reading the Act to prevent the exportation of arms,
provisions etc. the question was put whether that whole Bill
should be repealed or only part of it. Resolved, only part.
Upon debate whether a Bill be brought in for the raising the
value of money for the prevention of the sending it off the Island,
resolved in the negative.
Petition of William Bethell and others being read, ordered
that a Bill be brought in to appoint Commissions to inspect the
accounts of the Constables, Churchwardens, and others concerned
in the receipt of the taxes for the wall and wharfs at Port Royal,
and to sue for the money by them received on that account, and
to pay the same in proportion to the petitioners and other
creditors.
Bill for quartering H.M. soldiers was read and passed the first
time.
Bill confirming the will of Anne Archer was committed.
March 13. Report of the Committee upon the taxes of Port Royal was
delivered. And see preceding abstract under date.
Bill for quartering the soldiers read a second time, it being
resolved that the officers should not be granted subsistence.
AMERICA AND WEST INDIES. 253
1703.
James Archbold reported that upon examination Dr. Samuel
Mayo was ready to secure the Legatees of their Legacies in Mrs.
Archer's will.
Ordered that the fees for the private Acts be 101. for each
to the Speaker, Ql. to the Clerk, and 41. to the Messenger.
Bill to invest H.M. in land etc. read a third time with
amendment.
Amendments to the Bill for confirming the will of Anthony
Wood concurred to.
Resolved, that the members that do not pay their parts towards
the entertainment of the Governor and Council lie under the
censure of this House. [C.O. 140, 7. pp. 10-16.]
March 12. 440. A. Skene to the Council of Trade and Plantations.
Barbados. Enclosing Quarterly Minutes of Council and Assembly of Barbados.
Signed, A. Skene. Endorsed, Reed. 21, Read May 27, 1703.
1 p. Enchsed,
440. i. Memorandum of Minutes of Council of Jamaica, Nov. 24,
1702-Feb. 16, 170f. J p.
440. ii. Memorandum of Acts of Jamaica, Dec. 23, 1702-
Jan. 21, 170f . J p. [C.O. 28, 6. Nos. 96, 96.i. ii ;
and 29, 8. p. 305.]
March 12. 441. William Popple to John Champante. The Council of
Whitehall. Trade and Plantations having received from Mr. Thrale and Capt.
Matthews a state of the respits in Capt. Nanfan's hands pursuant
to their directions of the 10th, send you the inclosed copy thereof
for your answer on Monday next, if you have anything to object
why that money should not be stopt in the Paymaster's hands,
towards the recruiting of the Foot-Companies at New York.
[C.O. 5, 1119. pp. 417, 418.]
March 12. 442. William Popple to Josias Burchet. The Council of
Whitehall. Trade and Plantations having lately received letters [March 3]
from several out-ports concerning the ships preparing for the
fishery at Newfoundland in case they can have protections for
their men, and convoys time enough, enclose abstracts etc.
Annexed,
442. i. Abstracts of Letters from the Out-Ports. Bristol
design to send ships to Newfoundland this year,
Biddiford 5, Barnstable 5, Fowey 1 via Portugal,
Plymouth 2, if there be convoy , Dartmouth 6, more
were designed, but hearing nothing of convoy, they
were not got ready ; Exeter 22, Weymouth none,
Poole 6. [C.O. 195, 3. pp. 183-187.]
[March 12.] 443. A State of the Respit-Money, Clearings etc. in Captain
Nanfan's hands. Endorsed, Reed, from Mr. Thrale and Capt.
Mathews. Reed. Read March 12, 170. 1 p. [C.O. 5, 1048.
No. 40.]
254 COLONIAL PAPERS.
1703.
March 12. 444. Sir Edward Northey to the Council of Trade and
Plantations. In answer to queries of Feb. 26. I am of opinion
that the Governors of H.M. Plantations when discontinued may
be arrested and prosecuted in the said Plantations by particular
persons for arbitrary and illegal imprisonments and other
proceedings without probable cause for doing the same ; but
I am of opinion that on the fact stated by the memorial, and
appearing by the affidavits of Lawrence Quinoe, John Dogett
and Charles Macarty, Graves and Prideaux have no just cause
of action against Mr. Nanfan for the proceedings against them,
there appearing sufficient ground for him and the Council to
doe what they did against Graves and Prideaux. However,
the actions being brought, Mr. Nanfan must answer to the same,
and defend himself against them by shewing the grounds for his
proceedings, which will justify him, though the accusers of Graves
and Prideaux might misinform the Deputy Governor, who will
be justified by the accusation of them on oath, and it will be
necessary to make his defence particular, and not plead not guilty
generally. If Mr. Nanfan were in England, the parties grieved
might sue him here in an action for false imprisonment, and by
II William 12, the Queen may in England indict the Deputy
Governor for any misdemeanours committed by him during his
government, and may bring him to an account here for any
moneys he hath received belonging to H.M. Signed, Edwd.
Northey. Endorsed, Reed. Read March 16, 170. 1 p. Enclosed,
444. i. Copy of Queries referred to in preceding. 2pp. \C.O. 5,
1048. Nos. 36, 36.i. ; and (without enclosure) 5, 1119.
pp. 422-424.]
[March 12.] 445. Sir Edward Northey to the Council of Trade and
Plantations. In obedience to your Lordships' Order of Reference,
January 29th, I have considered of an Act passed in an Assembly
at Mountserrat June 13th last, entituled an Act for quieting Men's
estates etc., and do humbly conceive the same is lyable to several
exceptions. 1st. For that this Law being perfectly new in
Mountserrat, three years seems but a short time to allow to persons
to claim; who may not know that there is such a Law. In
Jamaica seven years time has been allowed, but in Barbadoes
two years time only has been allowed. 2dly. The designe of this
Act is to quiet the present possessors of Plantations in Mountserrat,
but has no regard to the future quiet of the Island, by providing
that in all times hereafter all suits shall be prosecuted in a certain
time as is usuall. 3dly. The Act is not well penned, it being that
not only all persons that had right when the Act was made, should
enter or prosecute within three years after the date of the Act,
but that all persons that should thereafter have any title should
sue within three years after the date of the Act, the words (or
hereafter shall have any title) should have been omitted, or after
the words (within three years after the date hereof) should have
been added (or within three years after the title accrewed). As
it is worded it may be doubted if he to whom a title accrews
within three years after making the Act, is not obliged to enter
AMERICA AND WEST INDIES. 255
1703.
or claim within those three years, though his title may accrew
but half a year before the same are expired. The clause after
is restrained to persons intituled before making the Act, and
may well expound the other clauses, though it had been better
that the foregoing clauses had not wanted such explanation.
In the provisoe for saving the rights of madmen, women etc.
the rights of persons out of the Island are not saved, but I find
it hath not been usuall to except such, and Laws of the like nature
for Barbadoes and Jamaica have been allowed, without giving
longer time to persons out of the Plantations to claim, than
was allowed to persons present there. On the whole matter, I
am humbly of opinion it will be advisable for a new Act to be
passed which may not be liable to such objections as are to this,
and which may limit the time of suit and entrys by future as
well as present titles. Signed, Edw. Northey. Endorsed, Reed.
12 March, Read May 4, 1703. If pp. [C.O. 152, 5. No. 19;
and 153, 8. pp. 169-172.]
March 12. 446. Council of Trade and Plantations to Sir Charles Hedges.
Whitehall. I n obedience to H.M. pleasure upon a petition in behalf of the
Jews inhabiting in the Island of Jamaica, complaining of hardships,
which they sustain, having been lately taxed as a collective body
in the sum of 2,500/. beyond the proportion according to which
each person is singley taxed in the same manner as the other
inhabitants, we desire you would be pleased to represent to Her
Majesty that we humbly conceive that these people behaving
themselves peaceably, and living conformably to the laws of the
Island may deserve H.M. protection, and that H.M. may be
graciously pleased by her letters to direct the Governor of Jamaica
for the time being, to doe all that in him lyes that they be kindly
used, and that their taxes may not be unreasonable or oppressive.
Signed, Weymouth, Dartmouth, Ph. Meadows, Wm. Blathwayt,
John Pollexfen, Mat. Prior. [C.O. 138, 10. pp. 418, 419.]
March 12. 447. Minutes of Council in Assembly of Jamaica. Bill to
invest H.M. in land in Kingston sent up with amendments engrossed
was read twice and passed by the majority part.
March 13. Bill for confirming the will of Antho. Wood was read a third
time with amendments, passed and sent down.
The Bill to invest H.M. in land etc. was read a third time,
and a further amendment proposed, upon which a conference
with the other House was proposed. The House agreed to the
amendment. The Bill was read a third time and passed.
The Governor sent a message to the Speaker that he required
the Minutes of the House from the last Minutes to be sent to
him.
Ordered that Mr. Morton be sent for pursuant to the former
Order of Feb. 20 to be here on Munday morning.
Message from the Representatives desiring H.E. as Chancellor
to issue a Commission to John Blaire, Thomas Hudson, Edmond
Edlyne, Francis Rose and James Archbold, impowering them
or any three of them to administer an oath to the several and
256 COLONIAL PAPERS.
1703.
respective inhabitants late of Port Royall, whether they have
paid their taxes to H.M. by the late Acts, or how much thereof.
The Council were of opinion that would best be done in a short
Act to that purpose. [G.O. 140, 6. pp. 449-451.]
March 12. 448. Minutes of Council in Assembly of the Massachusetts
Bay. The Representatives thanked H.E. for his care of the
Province since the last General Assembly, and for his speech
made yesterday, and desired that it might be printed. H.E.
said he would consider of it.
The Committee appointed to consider the petition of the
inhabitants of Springfield on the West side of the river, praying
to have a proportionable privilege with the other inhabitants of
the town in the parsonage or ministry land, having settled a
minister on the West side of the River, made their report, which
was read. Upon a previous question first put, whether the
inhabitants on the West side of the River have not a proportionable
right in the ministry lands, purchased by the town, of Mr. Moxon,
it past in the affirmative. And it appearing that the said lands
are pretty equally divided by the River, resolved that the ministry
on each side of the river for the time being shall have the issues
and profits of the said lands respectively, lying on that side where
they live, and further ordered that the inhabitants living on the
East side of the river do advance and pay the sum of 50/.
towards the charge of building the meeting-house on the west
side of the river, deducting out of each person's rateable part
thereof so much as he has already freely advanced thereto.
This resolve was sent down to the Representatives for con-
currance.
Petition of Benjamin Ruggles, minister of Suffield, praying the
grant of 100 acres of land lying within a mile of the meeting-house
in the said town, and 400 acres more remote, reserved in the
laying out of the said town to the country's use, read and ordered
to be sent to the Representatives.
Message sent up that the Representatives desired to have the
report of the Committees relating to Pemaquid. Ordered
accordingly.
Joint-Committee, proposed March 11, appointed.
March 13. Order sent up by the Representatives that the Revd. Mr. Cotton
Mathers be treated with in order to be obtained for a resident
President of Harvard College, carried in the negative, and a
message was sent down that the Board could not accept a
President named by that House.
Report of the Committee appointed by the last Assembly
upon Pemaquid, was read and accepted by the Council.
Resolve of the Representatives, that 500?. be allowed towards
fortifying Castle Island over and above what is already granted
to that end, which shall be improved in finishing those works
that are most necessary to be done for the present defence
of the same, particularly the platforms and carriages to be
done in the first place, was concurred with. [C.O. 5, 789.
pp. 796-798.]
AMERICA AND WEST INDIES. 257
1703.
March 13. 449. Governor Nicholson to [? the Earl of Nottingham]. I
Williamsburg. want words to express the very great satisfaction which I had
when I had the great honour of receiving your Lordship's letter
of May 7 with H.M. royal Declaration of War against France and
Spain, for that I found that your Lordship was restored to your
place of Chief Secretary of State, which your Lordship so very justly
and wisely managed in all affairs that even the very worst of
your enimys, whereof some were great and implacable ones, du[r]st
never publickly accuse you, and I question whether an Angel
from heaven could please y m . But the true and zealous sons
of the Church of England as by law established were sensible
that your enimys were so because that your Lordship was so
very great and able a supporter thereof etc. etc. Signed,
Fr. Nicholson. 1 p. [C.O. 5, 1340. No. 2.]
March 13, 450. Governor Nicholson to the Council of Trade and
williamsburg. plantations. Refers to letter of July 29. I was heartily glad to
hear that it pleased God that all the fleet arrived safe in England,
and Mr. Perry writes me that the fleet to these parts was not to
sail till, God willing, about July next. I herewith humbly submit
my proposals about the said fleet, goods etc. There will not be
left above 7 or 8 ships, 5 or 6 of which in Rappohanock, and
two in Potomock : most of them belong to Bristol ; the others
to the Northern ports. Refers to Journal of Council re embargo,
and, desires their Lordships' directions.
From the enclosed transcripts of letters, Orders of Council etc.
relating to Capt. Moody, your Lordships may please to see how
very strangely he hath behaved himself. For my own part I
heartily wish I never had, or should have anything to do with
the Captains of men-of-war, except it bee to do all I can for them
for H.M. interest and service. I have a great deal of trouble and
charge about them ; but that I don't value, provided they would
be satisfied ; but I hope in God that neither myself nor my successora
will have the like trouble with any that may succeed him. I
think he hath been very unfortunate in a certain affair, as likewise
in giving credit to reports that have been told him by certain
persons who knew, or ought to have done better. I have allready
lent him and his purser 400Z. for victualling the Southampton,
and don't know but that they will want the other 1001. I am
so far from having advantage by it, that I may chance to be out
of my money three or four years ; for I advanced 140 odd pounds
for careening H.M.S. Essex prize above two years ago, and my
correspondent Mr. Perry has not received the money yet, and
doth not know when he shall. None of the Captains of the
men-of-war can justly tax me for being any ways wanting to the
utmost of my power, and of not paying them that honour and
respect as became me towards them in the station in which they
were. I hope that your Lordships will get Capt. Moody's journal,
by which it will appear how little he hath cruised, notwithstanding
the orders of myself and H.M. Council for his so doing ; and I
hear he makes his braggs that he hath made such critical
observations concerning the Government etc. in his said Journal,
Wt. 27041. 17
258 COLONIAL PAPERS.
1703.
that are worth, I think, either a thousand or ten thousand pounds.
But I suppose the greater summe is as likely as the less. The
favor I humbly beg of your Lordships is, that if he or any other
person or persons pretend to accuse me, they may be obliged
to give it under their hands, and allso to give security to prosecute
and abide the determination of the sentence wherever H.M.
shall be graciously pleased to order me to be tryed or heard.
And after I have cleared myself, which I desire may be before
your Lordships (for I hope in God I shall not be only able to
clear myself, but make my accusers appear to be the criminals),
then I shall pray that I may take my remedy at law against
them.
I received your Lordships' letter of April 13, with H.M.
commands concerning the affair of New York, which I shall lay
before the Assembly, and according to my bounden duty I shall
use my best endeavours that H.M. royal commands may be
complied with by the Assembly, though I'm sensible that great
endeavours have been used by some persons to infuse strange
notions into the people's heads about sending men and money to
New York, and endeavoured what in them lay to have such
persons chosen Burgesses that would be against such a thing.
But I hope in God that they are and will be frustrated of their
evil designs and purposes. And I find that some persons are
never satisfied, whoever is in the Government, except they can
direct them, nay, I question if the Government was in their hands
whether they would not quarel among one another. Some
persons in our late Assembly endeavoured what in them lay to
have done by it as those in Scotland would have done by theirs,
only they made no publick protestation etc., but I thank God,
they were defeated as those were. The Committee for revising
the Laws have at last done, but considering the time of the year,
and no likelyhood of having a safe opportunity of transmitting
the Laws to your Lordships before the next spring, I don't know
whether the Assembly will go upon them now, or not. What
they have done, as likewise concerning the Capitol, your Lordships
may please to see in their Journal. H.M. Council and myself
formerly humbly represented to your Lordships the case of an
Attorney General and Clerk of the Council. Benjamin Harrison
hath for some time officiated as H.M. Council at law. He is
lately gon from hence to live about 40 miles off, and when I have
written to him to come hither, he hath twice made an excuse,
and says the salary of 40?. per annum is so small that he cannot
attend it ; but indeed I dare not at present recommend him to
your Lordships that he may have the allowance of 1001. per
annum, as was humbly proposed by us to your Lordships that
the Attorney General should have. There is one John Holloway,
who is at present at Annapolis in Maryland, but is willing to
accept of being H.M. Attorney General here ; but he is in hopes
that your Lordships will be pleased that he may have his salary
advanced to 1001. per annum. I am a stranger to the gentleman.
But he writ to me that Sir Simon Harcourt, H.M. Solicitor General,
would recommend him to your Lordships. I'm in hopes that
AMERICA AND WEST INDIES. 259
1703.
either he or some other gentleman, a good lawyer, will be appointed
by your Lordships and obliged to live at this place ; or else H.M.
interest and service may suffer. As God Almighty hath hitherto
been graciously pleased to enable me to keep this H.M. Colony
and Dominion in peace and quietness, so my prayers and hopes
are that I shall be able to continue the same etc. Signed, Fr.
Nicholson. P.S. I humbly desire your Lordships would give
directions about the Addresses to H.M. Col. Quary told me how
very extraordinarily he was obliged to your Lordships for so
many great favors and protections to him, and that your Lordships
had some thoughts of appointing him to be your Commissary
on this Continent. If in that or any other thing your Lordships
be pleased to imploy him, I will be his security etc. Endorsed,
Reed. 19, Read May 24, 1703. 3 pp. Enclosed,
450. i. Col. Nicholson's proposals about convoys. Williams-
burgh, March 13. The crops of tobacco in Virginia
happen to be much shorter this last year than has been
known for several years past ; and yet above half of
that little which was made remains still in the country
for want of shipping. In Maryland their crop has been
better, but they labour under the same difficulties in
relation to shipping, they having half, if not more of
their tobaccos left in the country, and like to be so,
unless some ships come to carry it off. The Aronoco
tobacco will spoil by waiting, the sweet-scented will
not be spoiled, but will lose weight, and so lessen H.M.
Revenue. There is at present some want of goods hi
the country, especially of the coarser sort for cloathing
the ordinary people. If these are not supplied by
shipping from England, the people may be forced to
go upon woollen and cotton manufactures as they
endeavoured to do last war when they were under such
circumstances, and here are discontented and designing
people in these parts of the world, and great pretenders
for liberty and property, who will be ready enough to
invent ways and means to live by themselves. For
the prevention of these inconveniences, it is humbly
proposed that a general leave be given throughout all
England for ships coming to Virginia and Maryland,
and that the merchants may be encouraged to send
as many as they can, both of ships and goods, especially
of the courser sort. The time for the ships sailing
from England is proposed to be about the latter end
of July or beginning of August, so that they may be here
before the winter sets in ; this, as 'twill afford a timely
supply of goods to the countrey, so it will be an advantage
to the shipping, the winter being a very improper season
for coming upon this coast by reason of the bad weather
and north-west winds, wch. are generally that time
of the year, by wch. ships are often drove off the coast,
or suffer much by long passages. If the ships arrive
not here before the end of the year, it will occasion
260 COLONIAL PAPERS.
1703.
another disadvantage to trade, to witt, that they may
not gett out again till the latter end of May or June,
nay, it may chance till July, and then the ships are not
only exposed to the wormes, but the health of the men
is also endangered. If the fleet should not come out
of England till towards the winter, or that there will
not be any considerable number of ships, then 'tis
humbly proposed that some advice-boat may be sent
to give an account concerning the ships, and which
will quiet the minds of the people, who upon such
occasions may have strange notions and apprehensions
of things, and frequently fancy and imagine the worst,
whereas when goods are plenty, and shipping in the
country to carry away all the Tobacco, the body of the
people are very easie, quiet and well satisfied. But
if it should so happen that we should have no certain
account of the Fleet some time in January, or the
beginning of February or March, that being the time the
Planters think of preparing for crops of tobacco, they
may endeavour to employ themselves some other ways,
and how prejudicial that may be to H.M. interest and
service is humbly submitted to your Lordships' con-
sideration. Signed, FT. Nicholson. Endorsed, Reed.
May 19, Read June 2, 1703. 2 pp.
450. ii. Memorandum of Minutes of Council of Virginia,
Aug. 14, 1702-Feb. 24, 1703. p.
450. iii. Memorandum of Minutes of Council in Assembly of
Virginia, Aug. 14-28, 1702. p.
450. iv. Memorandum of Journal of House of Burgesses of
Virginia, Aug. 14-28, 1702. J p.
450. v. Copy of Laws of Virginia passed Aug. 14, 1702.
Endorsed, Reed. May 19th, 1703. 8f pp.
450. vi. An Abstract of the Report of the Committee of Claims,
with an abstract of several allowances in money etc.
Aug. 14, 1702. 5| large pp.
450. vii. Duplicate of preceding.
450. viii. List of tithables of Virginia. Total, 26,245. Endorsed,
Reed. May 19, 1703. f p.
450. ix. Duplicate of preceding, f p.
450. x. Copy of Proclamation of War etc. Sept, 1702. 2J pp.
450. xi. Duplicate of preceding.
450. xii. Memorandum of Journal of Council of War, Virginia,
Oct. 22, 1702. J p.
450. xiii. Copy of Proclamations for proroguing the Assembly,
electing Burgesses etc. Aug, 1702, etc. 3J pp.
450. xiv. Duplicate of preceding.
450. xv. Memorandum of Journal of Committee for revisal
of the Laws of Virginia, Aug. 5-Nov. 13, 1702. J p.
450. xvi. Memorandum of Journal of Committee appointed
to inspect the Capitol, Aug. 6-Nov. 13, 1702. J p.
450. xvii. Copy of Loyal Address of the Officers Civil and
Military of Princess Ann County to the Queen. Signed,
AMERICA AND WEST INDIES. 261
1703.
Ben. Burrough, Edwd. Moseley, Adam Thorowgood,
Tho. Lawson, Henry Spratt, Sheriff, Solomon White,
John Richardson, Horatio Woodhouse, John Moseley,
O'Coke, Henry Chapman, Sub. Sheriff (Civil Officers) ;
Edwd. Mosely, Col. and Commander in Chief, Plomer
Bray, Lt.-Col., Adam Thorowgood, Major ; Henry
Spratt, Horatio Woodhouse, John Moseley, O'Coke,
Henry Chapman, Capts. ; James Davis, Tully Smith,
Wm. Smith, Edwd. Moseley, junr., Lieutenants. 2 pp.
450. xviii. Copy of Loyal Address of the inhabitants of Stafford
County to the Queen. Signed, Robert Alexander, John
Washington, Mathew Thompson, Richard Haffacar [or
Hassacar ?], Wm. Bunbury, Thomas Harrison, George
Mason, Moses Lynton, John West, John West, jr., John
Peake, G. Mason, Will. Fitz-Hugh, Benj. Colclough,
Tho. Lund, Giles Travers, Alex. Waugh, Thomas Gillson,
Edward Hart, Charles Ellis, Philip Alexander, George
Andersen. 2 pp.
450. xix. Copy of Loyal Address of the Grand Jury of Virginia
to the Queen. 1702. Signed, Peter Beverly, Foreman,
Miles Caryl, Wm. Robinson, Jno. Washington, Geo.
Eskeridge, Wm. Randolph, John Major, Wm. Small,
Wm. Cary, Wm. Wilson, Richd. Bally, Edmd. Scarburgh,
Wm. Fitzhugh, Ja. Westcomb, Jno. Deane, Wm.
Jones, Charles Curtis, Henry Brereton, Richard Bland,
Geo. Glasuck, Henry Scarburgh, John Walker, David
Clarkson, William Hansford. 3 pp.
450. xx. Copy of proceedings relating to Capt. Moody, H.M.S.
Southampton, Dec. 16, 1702-March 1, 170. [See Minutes
of Council of Virginia.] Endorsed, Reed. May 19, 1703.
39 large pp.
450. xxi. Memorandum of Naval Officers' List of Ships, July
10, 1702-March 25, 1703. J p. [C.O. 5, 1313. Nos. 16,
16.i.-xxi. ; and (without enclosures) 5, 1360. pp. 370-379.]
March 13. 451. Duplicate of Gov. Nicholson's letter above. [C.O. 5,
1340. No. 3.]
March 13. 452. Duplicate of above, No. 450.i. [C.O. 5, 1340. No. 4.]
March 13. 453. Mr. Dummer to the Earl of Nottingham. Enclosing
Coieman extract from the Journal of the Master of his sloop : Arrived
eet- Barbados Jan. 11. Found there 11 men-of-war, 5 East India
ships, many merchant ships bound home. Arr. Antego Jan. 15,
Found there 7 merchant ships, 1 privateer. Arr. Montserrat
Jan. 17. Found there 1 haggboat, 2 sloops. Arr. Nevis Jan.
19. Found there 18 merchantmen, etc. Arr. St. Christophers
Jan. 20. Found there Edgar, Anglesea, 5 storeships from Lreland.
Arr. Jamaica 29th. Port Royall burnt, all but the Castle. Arr.
Plymouth March 10, 170f. Signed, E. Dummer. Addressed.
1 p. [C.O. 318, 3. No. 14.]
262 COLONIAL PAPERS.
1703.
March 15 454. John Champante to the Council of Trades and Planta-
[written tions. In reply to letter of March 12. The total of the
Feb. 15]. Respits said to be in Mr. Nanfan's hands [see March 12] is
693?. 6s. 6d. But in that is included the respites on 32 men
for 53 days from March 9 to April 30, 1701, and on 69 men for
55 days from April 30 to June 24, 1701, which have been already
stopped out of the clearings of those respective times, and ought
therefore to be deducted out of the above sum =1372. 5s. 6eZ. But
there is due to Captain Nanfan his full pay from Dec. 25, '99,
to April 24, 1700, 561. 9s. 4d. ; his clearings from April 26 to
Dec. 25, 1700, and from June 24 to Dec. 24, 1701, making in
all 2281. 5s. 8d., which deducted from 556Z. Is., leaves 327?. 15s. 4d.,
which is all that by the common rules of Justice can be stop'd
out of the 4 months and half subsistence, which is now demanded
for the pressing accounts known to your Lordships on Mr. Nanfan's
behalf, and is supposed by the State of March 12 and your
Lordships' Minute to have been paid to him. But I humbly hope
that no such stop at all will be thought proper, for I believe I
may take upon me to affirm that Mr. Nanfan has already accounted
to my Lord Cornbury for the surplusage money arising from the
Respits, for it has been long ago known at New York what money
has been received here by me to Dec. 24, 1701, for which time
there can be no doubt but he has accounted for the subsistence
according to the establishment, and has not been suffered to
retain publick money in his hands etc., etc. The Queen can run no
danger of loosing these respits, if no stop should be made, and
Mr. Nanfan will be a great sufferer, if not ruin'd, in case this
hardship be put upon him etc. Signed, J. Champante. Endorsed,
Reed. Read March 15, 170f. 2 pp. [C.O. 5, 1048. No. 41 ;
and 5, 1119. pp. 418-422.]
March 15. 455. Journal of Council of Trade and Plantations. Letters
Whitehall, and papers received from Jamaica, Jan. 31, Feb. 1 and 3, read.
Letter to Capt. Lilly ordered.
Letter to Col. Handasyd ordered.
Letter from Col. Codrington, Jan. 23, read, and directions given
for addition to the letter lately ordered to be writ to him.
Mr. Champante presented a memorial in answer to letter of
March 12. Ordered that a copy be given to Mr. Thrale, and
an extract of Lord Cornbury's letter of Dec. 12 to Mr. Champante
relating to the Bills drawn upon him.
Their Lordships made a further progress in considering the
Representation relating to New York.
March 16. Sir Henry Ashurst was granted a copy of the letter of Mr.
Partridge, Sept. 25, 1699, relating to timber in New England.
Acts of the Leeward Islands, Dec., 1701, considered, with Mr.
Attorney General's opinion thereon. Directions given for
preparing a report for repealing two of them.
And as to another to prevent papists and reputed papists from
selling in those Islands, Mr. Attorney having observed a defect
therein which makes it not fit to receive the Royal Approbation
without an amendment which cannot be made otherwise than
AMERICA AND WEST INDIES. 263
1703.
by a new Act, and there lying also before the Board a memorial
in the name of Daniel Mackenin, a Protestant inhabitant of
Antego, setting forth a particular case wherein the said Act
exposed him to the danger of great loss, their Lordships ordered
copies of the said Mackenin's case and of that part of Mr. Attorney
General's report, which relates to this Act, to be sent to Col.
Codrington, together with the repeal of the two forementioned
Acts, when the same shall be done.
Mr. Champante laid before the Board Mr. Attorney General's
opinion upon the queries sent to him Feb. 26 relating to his
memorial of Feb. 4 in behalf of Capt. Nanfan, which was read,
and he desired their Lordships to write to Lord Cornbury to desire
his care to prevent any hardships being put upon Capt. Nanfan,
and that upon examining the cause of the action or actions that
are against him the baile may be proportioned accordingly.
March 17. Mr. John Richardson, a minister, having been recommended
by the Lord Bishop of London, laid before the Board a proposal
setting forth that he had engaged 500 persons to transplant
themselves from Ireland to Virginia or Maryland, and begging
H.M. assistance in order thereunto, the same was read ; and
he having thereupon declared that those persons are inhabitants
about Belfast, many of them farmers, of some substance, their
Lordships acquainted him with the difficulties and hazards of
such a transportation, especially in this time of war, there being
no convoys to be expected from those parts ; and upon further
discourse with him, judging his proposition to have been loosely
made, upon some mistaken notion which cannot answer the
expectation of those people, they told him that they did not think
it proper for them to offer the same to the Queen, whereby to
ingage her in a charge when there is no probable view of success.
Mr. Champante, Mr. Thrale and Capt. Matthews being altogether
before the Board, Mr. Thrale laid some papers before their
Lordships, of which Mr. Champante was granted copies. Ordered
that Mr. Champante lay before this Board on Friday next an
accompt of the prices and whole charge of the cloathing which
he sent last to New York.
Upon the desire of Mr. Thrale, ordered that the Secretary do
certifye a copy of the accompt of money paid to Mr. Champante
by the Lord Renelagh for the use of the 4 Companies at New
York, which was received from Mr. Pauncefote, Feb. 9 last, and
deliver the same to Thrale. [0.0. 391, 16. pp. 25-33 ; and
391, 97. pp. 217-226.]
March 15. 456. Journal of Assembly of Barbados. The House met by
special summons. Absent members fined, with exception of
some excused.
The House waited on the President and Council, who desired
them to take into consideration the fitting out the Larke speedily,
there being intelligence of a French Privateer on the coasts.
They also recommended the setting out a small vessel for sending
to the Leeward Islands or other j places on any necessary
occasions.
264 COLONIAL PAPERS.
1703.
Resolved, that the Speaker make application to the President
and Council for their Order for the payment of the Agents in
England what is due to them.
The House, attending, acquainted the President and Council
that they had discoursed Capt. Folgeamb about his speedy going
out on a cruise ; and recommended Capt. Willm. Mills to command
the Larke, and the President thereon gave his approbation, and
this House therefore resolved that the said brigantine be imme-
diately set out, and that his pay be for six weeks from this day.
Capt. Townsend was appointed Agent for setting out vessels
for the country's service at a salary of 802. per annum.
Capt. Thomas' petition about interest money until the 1,3002.
be paid in for the loss of the brigantine Madeira was approved of.
Resolved, that the Larke shall not have above 90 men employed.
It was moved that the powder in the magazine may be
distributed into several officers' hands in the country.
Report of the Committee upon the debts due from those who
had formerly fitted out vessels of war, read.
Various salaries voted.
The House adjourned till April 15. [C.O. 31, 7. pp. 37-39.]
March 15. 457. Minutes of Council [in Assembly] of Barbados.. The
Board being informed that M. Casilis' sloop, which came up
with the flag of truce, is in a very leaky condition, ordered that
such of the French prisoners as are carpenters be admitted to
go on board the said sloop every morning and to return to the
fort every night, until they have repaired her, and that a guard
do attend them during that time.
See preceding abstract.
Ordered that Capt. John Foljambe, H.M.S. Kinsale, do use
all possible care to get the said ship ready and convoy the ships
bound to the northward with all expedition. Some French
prisoners entered themselves on board her in H.M. service.
The Assembly desired that an order might issue to press men
for the Larke, but that the same might not extend to outward-
bound vessels ready to sail. They said there was a report that
the magazine at Port Royal, Jamaica, was blown up, and for
fear of any such accident here, desired that some of the powder
might be distributed.
March 16. Stores issued for the Leeward fortifications.
See preceding abstract.
1121. 3s. \\\d. paid on account of disbursements for the
fortifications of St. Phillips, and 4622. 17s. 4jd. for salaries and
other disbursements for the fortifications of St. Michael.
Ordered that privateers take new commissions every time
they come into port.
Error brought by Jane Bushell, widow, to reverse a judgment
for the sum of 501. costs obtained against her by Thomas Mapp, jr.,
before Christopher and Nathaniel Webb, Dec., 1702. Judgment
reversed.
Error brought by John Howlett that John Robinson
brought an action of trespass and ejectment against Robert
AMERICA AND WEST INDIES. 265
1703.
Lauder, wherein Alexander Arnett, and Mary his wife, were
lessors and Hewlett tenant, and judgment was given for the
plaintiff, April, 1702. Judgment confirmed.
Error brought by Richard Hasell to reverse judgment obtained
against him by John Jones ; the writ fell, defendant being dead.
Error brought by Thomas Mainwaring, planter, to reverse a
judgment obtained against him by Philip Banfield and Jane his
wife, March, 1702, considered. Judgment reversed.
Error brought by Thomas Marshall to reverse a judgment
obtained against him by Elias Haskitt, March, 1702, upon an
action of debt, heard. Judgment confirmed.
Error brought by James Clinkett to reverse a judgment obtained
against him by John Pead, April, 1697, fell through the death of
Pead.
Error brought by Thomas Walduck to reverse a judgment
obtained against him by James Hurst, April, 1702. It appearing
that the Judge had not returned the whole records under his hand
and seal, the plaintiff was granted 14 days to get them.
Error brought by Edward Burke to reverse a judgment obtained
against him, Nov., 1702, by Francis Pike, heard. Judgment
reversed.
Petition of Mary Benthall of London, spinster, neice and heiress
of Benjamin Weale, read, setting forth that Robert Yeomans
and Elizabeth his wife lately presented their petition to the
President for the administration of the goods of the said Weale,
as the said Elizabeth is executrix of the will of John Weale, who
was supposed executor of the will of Benjamin Weale, and that
petitioner had entered a caveat etc. and had also prayed that
no administration might issue whilst evidence was being taken
in England ; but that, since administration had been granted to
Yeomans and his wife, petitioner prays for leave to appeal to
H.M. in Council to have true copies of papers etc. Granted
accordingly.
Petition of Bartholomew Rees and Mary his wife read, and
leave granted to appeal to H.M. in Council from a decision of
the Court of Chancery, Feb. 11, in the case of Mary Davies, widow,
complainant.
Petition of John Browne praying an order for a new path to
be run out between the land of John Rous and petitioner read,
but nobody appearing to it, it was dismissed.
Petition of Wilh'am Fenton, servant to William Terrill, setting
forth that he had served out his time honestly, and that Terrill
had refused to pay him what was appointed by an Act of this
Island, considered. The Board is of opinion that the same does
not properly he before them to determine.
Petition of Margaret Waterman, widow of Capt. John Waterman,
praying for letters of administration [? read].
Salary paid to John Williams, Lt. of the Larke.
A bill of costs was taxed for Charles Cleaver against Philip
Bamfield.
Ordered that M. Casali, who has been confined to his chamber,
have leave to go every day to the house of Edward Arnell in
266
COLONIAL PAPERS.
1703.
the Bridge Town to eat or drink, provided he behaves himself
modestly and doe not go any farther from his lodging till further
orders.
Ordered that Thomhill's Battery to Leeward be added to the
division of the regiment under the command of Col. Holder.
[0.0. 31, 8. pp. 4-14.]
March 15. 458. Minutes of Council in Assembly of Jamaica. Petitions
of inhabitants of Port Royal returned to the Council from the
Assembly.
The House attending, H.E. passed the Act to invest H.M.
in land in Kingston.
Bill for the present subsistence of H.M. soldiers sent up.
March 16. The above Bill was read the first time and committed.
Message from the House in reply to H.E.'s speech. As this
House upon all occasions have, so they always will as in duty
bound shew themselves most dutiful and loyal subjects in ex-
pressing [? exposing] and hazarding their lives and fortunes to
the utmost peril and danger for the honour of H.M. and the defence
of this Island.
Bill confirming the will of A. Wood sent up passed with
amendments.
Bill to enable the Justices and Vestry of the parish of St. George
to raise their taxes to the Queen as by a former Act, and to
indempnify them and the Justices and Vestries of the parishes of
St. Thomas to the East and St. Davids for not raising their taxes
in the time limited, sent up.
Bill sent up for dividing the parish of St. Elizabeth into two
distinct parishes for the ease of the inhabitants.
Bill sent up to confirm the will of John Thomas late of the
parish of St. Andrew's.
Bill sent up for settling several annuities and appointing as
provision for Mrs. Oliva Read, widow, and her children, and
for the children of Anna Petronelia, now wife of Nathaniel Browne,
gent., out of the estate which was of her late husband, John Read,
deed.
Conference appointed on the Bill for subsisting H.M. soldiers.
[C.O. 140, 6. pp. 452-454.]
March 15. 459. Journal of Assembly of Jamaica. The House attending
the Governor in Council, H.E. said that little notice had been
taken of his Speech wherein he recommended to the House the
care of the Queen's authority, which hee could not but take
notice of, butt that without any scruple he passed the Act for
investing H.M. in land at Kingston.
Bill for quartering soldiers read the third time and passed
and sent up.
March 16. See preceding abstract under date.
March 17. Richard Bankes had leave to set up his name in the Secretary's
Office in order to depart for England.
The Committee reported from the Conference that Col. Lowe
proposed the soldiers might be allowed 6s. per week each, it
AMERICA AND WEST INDIES. 267
1703.
seeming to the Council that 5s. was too little, there being deducted
out of their pay, which is but three shillings and sixpence per
week, one shilling for shoes, stockings, etc., and therefore that
they might be allowed 24s., by the Calendar month, which upon
debate was unanimously agreed to by both Committees, as well
for the soldiers at St. James and St. Jago de la Vega as at Port
Royal. Col. Lowe likewise offered that he was commanded by
the Governor to signify to the Committee (and that the Council
were all positively of that opinion) that some regard ought to be
had to the officers, but the majority of the Committee of this
House were against it.
And see Minutes of Council in Assembly under date.
Ordered that a Bill for guarding the sea-coasts be brought in.
[C.O. 140, 7. pp. 16-21.]
March 15. 460. Minutes of Council in Assembly of the Massachusetts
Bay. 18?. 7s. 3d. paid to Andrew Belcher for keeping French
prisoners of war.
The resolve past, March 12, relating to Springfield, was brought
up again by the Representatives of Springfield, and several votes
of the town referring to the said lands, with a message from the
House desiring further consideration to be had thereof, and
the papers being read and a debate had thereupon, ordered that
the said resolve without any alteration, together with the said
papers, be returned back to the House of Representatives.
March 16. Resolve of the Representatives, sent up, was agreed to, that
35L each be paid to Thomas Brattle and Capt. Timothy Clark
over and above what was granted them the last session for laying
out the money for fortifying Castle Island, there being thro'
mistake so much less given to them than was intended. The
Committee for fortifying the said Island is hereby impowered
to direct the laying out the money further granted this session
for fortifying the said Island, the direction of the worke to be
under Col. Romer.
H.E. communicated to the Council a letter from Richard
Waldron, giving an accompt of the behaviour of the Indians
that was lately in at Cochecha, and the jelousy he had of some
ill-design intended by them. And H.E. proposed his intention
of sending two companies of souldiers to the number of 100 men
to appear in the Eastern country, and to march between Wells,
Saco and Cascobay, and on the head of the frontiers to Haverhill,
to secure the English in case the Indians should be debauched
by the French to rise, and to cover and secure the Indians against
the insults of the French for their fidelity and steadiness to the
English in keeping their articles lately made. Message sent
down to the Representatives to acquaint them with the said
affair, who returned their thanks to the Governor for his care
to preserve the peace with the Eastern Indians, and that they
think it highly reasonable, that H.E. please to put in execution
his purpose of marching 100 men into the frontiers, and that
this House shall due [sic] their duty towards their subsistence.
The Council declared their satisfaction with this message.
268 COLONIAL PAPERS.
1703.
Joint-Committee appointed to consider the proposals of James
Eussell and William Payne, Collectors and Receivers of the
duties of impost, for further provision to be made in the law to
secure the payment of the said duties.
Committee appointed to prepare and bring in a Bill that bullion
and plate of sterling alloy shall pass at 7s. the ounce.
March 17. Message sent down to enquire whether the Representatives
had consideration of the grant made by the last Assembly of
6,OOOZ. as a fund for the 5,000?. in bills of credit ordered to be
emitted. The House replied that they had.
An accompt of charges for making the bills of public credit
was presented by the Committee for that affair. Ordered, that
the said gentlemen receive the thanks of this House for their
faithfulness, care and prudence in managing thereof, and the
said account with the aforesaid order, was sent down to the
Representatives for their concurrance, and first to pass upon
the accompt.
Resolves of the Council upon the petition of Springfield,
March 12, was sent back by the Representatives with their
concurrance to the last paragraph only.
Memorial of William Chalkhill, one of the monyers of H.M.
Mint in the Tower of London, now resident in Boston, proposing
that, if the Government think fit, he would undertake to bring
over hither 10,OOOZ. in copper money at such prices and values
as shall be agreed upon, was sent up and read.
Bill for passing of plate of starling alloy, in payments, at 7s.
per ounce, brought in, which was read a first, second, and third
time, and, with some amendments, was passed to be sent down.
[(7.0. 5, 789. pp. 798-802.]
March 16. 461 . Daniel Mackenin, a Protestant inhabitant of Antigua,
to the Council of Trade and Plantations. J p. Enclosing,
461. i. Petition of D. Mackenin to the Council of Trade and
Plantations. William Bridges, Esq, being seized in fee
of certain Plantations in Antigua in trust for Mr. Thomas
Trant, a Roman Catholick deceased, the said William
Bridges (at the instance and request of the said late
Thomas Trant) by his Letter of Attorney duly executed
bearing date in or about the month of November 1698
did constitute and appoint Mr. Gerrett Trant of Monserate,
Mr. David Rice, and Mr. Thomas Trant, the younger,
then of London, or any two of them, to be his lawful!
Attorneys as well to manage the said Plantations as
also to sell the same out right, or to demise and lett the
same to such person or persons, and at such rent or
rents, and under such covenants and reservations and
for such terme and time, as the said Attorneys should
think fit and convenient. Accordingly in June 1702,
two of the said Attornys (being Papists unknown to
the said Daniel Mackenin) did by their deed indented
demise one of the said Plantations called Goldengrove
to the said Mackenin for the term of 99 years at the
AMERICA AND WEST INDIES. 269
1703.
yearly rent of 1001., being the most that then could
possibly be had for it, by vertue whereof the said
Mackenin entred upon the said Plantation, and since
has defrayed, and laid out, in improving the same,
the summe of 300?. and upwards. In April 1702, before
the making of the said lease, an Act past at a Generall
Assembly held at the Island of Nevis entituled an Act
to prevent Papists, and reputed Papists, from settling
in any of H.M. Carribbee Leeward Islands in America,
whereby all papists are disabled to act as Attorneys,
Agents, or Overseers in any of the said Islands, which
said Act is now lodged with the Council of Trade and
Plantations in order to have the same ratified in England.
By the particular laws or customes of the said Islands
all Acts of their General Council past and made for the
said Islands are to hold good and valid (without the
royal assent and approbation) for the space of three
years from the time of the making of them (unless
repealed in England) and no longer, unless ratifyed
in England. [Note in margin ? by William Popple :
This is not so.] By means of which said Act, the said
Attorneys, and other envious persons of the said Island
of Antigua combining and confederating together, how
to defraud, and eject the said lessee out of his said
farm, pretend and give out in speeches, that the said
lease (so made by the said papish Attorneys to the
said lessee, during the disability imposed by the said
Act) is void : Although the said lessee at the time of
his taking the said lease did not know them to be Papists,
neither were they before nor ever since convicted
thereof, and the said confederates having informed the
Honble. Coll. Codrington Governor of Antigua of the
premisses, they all unanimously and dayly threaten
to turn the ' said lessee out of his possession by force
of the said Act, which will be to his very great damage
and loss, and is at present to his great hindrance. It's
therefore most humbly hoped that in tender consideration
of the premisses and of the hardship and surprize put
upon the said Daniel Mackenin, a Protestant, in this
case, the Council of Trade and Plantations will be pleased
to represent it to the Queen's most excellent Majesty
to the end the said Act may be speedily repealed before
the said Mackenin may be further a sufferer thereby :
and the rather for that it tends to depopulation and
great hindrance of trade. Endorsed, Reed. Read
March 16, 170f . l pp. [C.O. 152, 5. Nos. 20, 20.i. ;
and 153, 8. pp. 143-146.]
March 17. 462. John Richardson, Rector of Derrylauran, co. Armagh,
London, to the Council of Trade and Plantations. Having engaged a
Colony of 500 persons to transplant themselves either to Virginia
or Maryland, as this Board will be pleased to direct, he represents
270 COLONIAL PAPERS.
1703.
that the said Colony are only able to advance 5,000?. towards
the charge of their transportation and settlement there, and
5,0001. more will be necessary, for the obtaining of which they
humbly request the recommendation of this Board to H.M.
bounty. Signed, Jo. Richardson. Endorsed, Reed. Read
March 17, 170|. 1 p. [C.O. 5, 1313. No. 17.]
March 17. 463. Lord High Treasurer's Orders for payment of quarter's
salaries due to the office of the Board of Trade Xmas, 1702.
Signed, Godolphin. Endorsed, Reed. March 18th, 170|. 4 pp.
[C.O. 388, 75. Nos. 69-72.]
[March 17.] 464. Account of sums chargeable on Capt. Nanfan by the
officers of New York. Total, 2021. 11s. 9d. 1 p. Annexed,
464. i. List of the accoutrements wanting for the Four Companies.
| p. The whole endorsed, Reed. Read March 17, 170f.
[C.O. 5, 1048. Nos. 43, 43.L]
[March 17.] 465. An abstract of Respit money and short subsistence in
Lord Ranelagh's, Lord Cornbury's and Capt. Nanfan's hands,
belonging to the Four Companies at New York. 1 p. Endorsed
as preceding. [C.O. 5, 1048. No. 44.]
[March 17.] 466. Mr. Thrale to the Council of Trade and Plantations.
Reply to Mr. Champante's answer to his memorial (March 15).
The 137Z. 5s. 6d. he claims ought not to be allowed, as he has
never paid it. As for his pay and clearings, they ought not to
be paid out of this Fund etc. If he loses by the protest of bills,
it's his own fault to draw bills when he has the money in his
hands to answer that service. Begs that Mr. Champante be
directed to bring in an account of the particulars and cost of
the cloathing last supplied by him, that I may know the state
of the Companies on that head, in order to a further supply of
the necessaries that were omitted to be sent over by Mr.
Champante. Begs for their Lordships' Report to the Lord
Treasurer of the necessity the forces are in (not only of that,
but as much more) cloathing as the offreckonings disingaged can
furnish. There is an absolute necessity of 80 recruits being
sent to New York to fill up the Companies for the good of the
service, and I desire that the Respit money in Capt. Nanfan's
and Lord Cornbury's hands may be applied to that use. I am
likewise to desire an Order may be made for Capt. Nanfan to
account with the Staff Officers at New York, and pay them out
of the 10 per cent, in his hands, and also that the establishment
of the Companies may be laid before H.M. for its renewal by
your Lordships. Signed, Jno. Thrale. Endorsed, Reed. Read
March 17, 170f. 2 pp. [C.O. 5, 1048. No. 42; and 5,1119.
pp. 424-428.]
March 17. 467. Mr. Thurston to the Council of Trade and Plantations.
Presents accounts of things necessary to be sent for the soldiers
at Newfoundland, prays that the Company may be cleared,
AMERICA AND WEST INDIES. 271
1703.
and that the value of goods lost on shipboard may be allowed
out of contingencies. Signed, J. Thurston. Endorsed, Reed.
Read March 18, 170f. 5 pp. [(7.0. 194, 2. No. 109 ; and 195,
3. pp. 199-203.]
March 17. 468. Minutes of Council of Bermuda. Upon reading a
At the House letter of March 11 from George Larkin to Capt. John Peasley,
Penti'stoTat Captain of the Castle, ordered that the Justices of the Peace in
the Flatts. these Islands do convene together here by 8 a.m. on Friday next,
then and there to take and receive such proofs as George Larkin
has proposed to make in his said letter, and also that Mr. Larkin
have forthwith notice to be then and there present with Capt.
Peasley. \C.O. 40, 2. pp. 54, 55.]
March 17. 469. Minutes of Council in Assembly of Jamaica. Bills sent
up March 16, to enable the Justices of St. Georges etc. ; to divide
the parish of St. Elizabeth ; and to settle annuities etc., read the
first time and second time.
Bill to confirm the will of John Thomas rejected.
Conference appointed upon the Bill for dividing the parish of
St. Elizabeth.
March 18. Col. Lowe reported from the Conference that the Committee
of the House told the Committee of the Council that the House
had just past a resolution not to give any allowance of quarters
or subsistance to the officers and thereupon the Committees
broke up. Upon which the Governor desired the Board to give
their opinion what should be done, who unanimously advised that
the best way was to propose it at a conference with a Committee
of the House to-morrow morning ; that they continue the old
Bill of quarters for a fortnight or a month, and be adjourned or
prorogued for that time in hopes they may return with a better mind,
and that in the meantime the Bill for quartering the soldiers
being of great moment may be seriously and thoroughly considered.
March 19. Conference appointed accordingly.
Col. Lawes reported from the Conference that he had acquainted
the Committee of the House upon the report of what past yesterday
at the Conference in relation to the resolution of the House to
grant noe further subsistance to H.M. officers, the Council took
it with great concerne, and thought greater difficulties would
arise in advising the Governor, when required, how to subsist
the same, and on some other parts of the Bill, therefore desired
to meet the Council again that they might propose to the House
the drawing up a short Bill to continue them on the former
subsistance for a fortnight or a month longer, that the Council
may have due time to consider on so important a matter.
A further Conference was appointed. Col. Lowe reported
from it that the Chairman of the Committee of the House gave
him the sence of the House in writing, that they had resolved
to stand by their former votes and bill, and least that any
difficultys may arise, the House are willing to draw up a short
Bill to quarter the private soldiers as long as H.E. will be pleased
to give the House leave to adjourn, it being near Easter.
272 COLONIAL PAPERS.
1703.
Message sent down that the Governor was willing the House
should adjourn for some reasonable time, provided in the interim
care be taken of all the soldiers. [C.O. 140, 6. pp. 454-458.]
March 18. 470. William Popple to John Champante. Enclosing copies
Whitehall. o f papers laid before the Council of Trade and Plantations by
Mr. Thrale. [C.O. 5, 1119. p. 429.]
March 18. 471. Council of Trade and Plantations to the Queen.
Whitehall. Recommending the Act of New York for granting of sum of
2,0001. (money of that country) to Governor Lord Cornbury.
Signed, Weymouth, Dartmouth, Ph. Meadows, Jno. Pollexfen,
Mat. Prior. [C.O. 5, 1119. pp. 430, 431.]
March 18. 472. " Reasons against prohibiting trade and commerce with
Spain in the West Indies to be communicated to the [? Privy]
Council." Circular letters having been received from the Earl of
Nottingham to be sent to the Governors of H.M. Plantations
to prohibit all trade and commerce with the French and Spaniards,
it is conceived that such prohibition of trade with the French
in those parts will be very advantageous to England, and if well
executed will hinder the sending our sugar and other enumerated
commodities to the French in lieu of European goods, which
should come from England, but that such prohibition of commerce
with the Spaniards would be no less prejudicial to England, for
that it will debar us from vending our native commodities to them
for pieces of eight or other valuable goods, and this trade tho'
in time of war may be and is carryed on with the Spaniards in
a private manner, besides that if such prohibition be strictly
kept to, it will throw our part of the Spanish Trade into the hands
of the Dutch, who have several Plantations lying so near the
Spanish Coast that altho' they may have a formal direction from
the States General to the same effect, yet will they monopolize
that trade undiscerned by us, without regard to the direction
of the States General, on whom 'tis well known they have little
dependance when the interest of Trade prevailes, in parts so
remote as the West Indies. No signature. Endorsed, Reed.
March 18, 170f. 1J pp. [C.O. 5, 3. No. 7.]
March 18. 473. Council of Trade and Plantations to Governor
Whitehall. Codrington. You will understand from Mr. Cary that we having
lately offered to H.M. our humble opinion that you might have
leave to receive the present of 1,2002. in Plate made you by the
General Assembly of all the Leeward Islands, the same has
accordingly been granted by H.M. Mr. Cary has since laid
before us a copy of an Act made by the Assembly of St. Christopher's
for providing 50 slaves to be presented to you, in order to begin
a Settlement in that Island, and thereby to invite and induce
you more particularly to be interested in the prosperity and
welfare thereof, as the Act mentions, but we are not impowered
by our Constitution to offer it, the Act not being under the Seal
of the Island as it ought to be, and we further observe that you
AMERICA AND WEST INDIES. 273
1703.
are directed by your Instruction, that no money or value of money
be given by any Act or Order of Assembly to any Governor or
Commander in Chief otherwise than according to the stile of
Acts of Parliament in England, mentioning the same to be given
unto H.M. with the humble desire of the Assembly that it may
be applyed to the use of the said Governor etc. if H.M. shall
so think fit, or if H.M. shall not approve of such gift, that then
the said mony or value of mony be disposed of as in the Act or
Order of Assembly shall be mentioned ; and that from the time
the same shall be raised it remain in the hands of the Receivers
or Treasurers of those Islands untill H.M. royal pleasure be
known therein : which being considered we suppose you will not
think it fit to receive the benefit of the said present untill H.M.
pleasure be accordingly signifyed to you. We have also received
a letter from you, dated at St. Christophers the 23d January last,
wherein you express your unwillingness to name what persons
you think proper to fill up vacancies in the respective Councils
of the Islands under your Government ; but that is a thing
positively directed by your instructions and so absolutely necessary
that it cannot be dispenced with. And whereas you there also
mention your having removed Mr. Clayton from the Council of
Mountserrat into the Council of St. Christophers and having
put Mr. Dawley into the Council of Mountserrat in his stead ;
we must observe to you that tho' you may judge the same may
tend to some conveniency in carrying on the publick service,
yet it being an irregularity contrary to the tenour of your
Commission and Instructions, by neither of which you have any
power given you to make any alterations in the Council of those
Islands otherwise than by suspending any of the members upon
just cause, and supplying vacancies when the whole number of
any Council happens to be under seven (not otherwise) untill
H.M. further pleasure be known : We conceive therefore it
ought not to be done by you, and so assuring you of our readiness
to concurr with you in everything that may be for H.M. service
and your particular satisfaction, we bid you heartily farewell.
Signed, Weymouth, Dartmouth, Ph. Meadows, Wm. Blathwayt,
John Pollexfen, Mat. Prior.
March 23. P.S. You will here inclosed receive 2 letters from the Earl of
Nottingham, relating to the French and Spaniards upon occasion
of the present warr. [(7.0. 153, 8. pp. 147-150.]
March 18. 474. Council of Trade and Plantations to the Queen. Having
Whitehall, received from Governor Codrington the Acts past in a General
Assembly of all the Leeward Islands in December, 1701, and
thereupon advised with yr. Majesty's Attorney General in point
of Law, we humbly take leave to represent to yr. Majesty that
one of the said Acts, being for the better observation of the Lord's
Day and suppressing of prophane cursing and swearing, does
amongst other things enact that all Acts of Parliament made or
to be made in England for securing to yr. Majesty's leige people
their religion, lives, liberties and properties shall be in force in
all the Charribee Leeward Islands, with all the paines and penalties
Wt. 27041. C 18
274 COLONIAL PAPERS.
1703.
therein contained, as if in that Act verbatim recited ; the inserting
of which clause so foreign to the title of the said Act we humbly
conceive to be very irregular and the purport thereof not fit to
be allowed ; for that the general extent of the said clause does
make all the Acts of Parliament in England at once to become
laws in the Leeward Islands, whereby yr. Majesty's power and
royal Prerogative will be greatly infringed, and many laws about
property may be set up, which not being suitable to the state of
those Islands, may create vexatious law suits and prove prejudicial
to the general good and quiet of the same. For which reasons
we humbly offer that yr. Majesty would be pleased to declare
your disapprobation and disallowance of the said Act.
And whereas another of the said Acts being For the better and
more certain support of Ministers (upon which we have consulted
the Rt. Revd. the Lord Bishop of London) instead of bringing
any advantage to the clergy does appear to us to be very
inconvenient and prejudicial to them, we likewise humbly offer
that yr. Majesty would be pleased to declare your disapprobation
and disallowance thereof. Signed, Weymouth, Dartmouth,
Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior.
[(7.0. 153, 8. pp. 150-152.]
March 18. 475. Journal of Council of Trade and Plantations. Letter
Whitehall, to Governor Codrington signed.
Representation to H.M., for repealing two Acts of the Leeward
Islands, signed.
Representation upon an Act of New York signed.
Letters from Capt. Richards, reed. Nov. 23rd and 30th, were laid
before the Board, together with a memorial from Mr. Thurston
and an accompt of the necessaries wanting for the soldiers at
Newfoundland. Directions given for preparing a Representation
upon that whole matter.
March 19. The last named Representation was signed. [C.O. 391, 16.
pp. 34-36 ; and 391, 97. pp. 229-233.]
March 18 476. Journal of Assembly of Jamaica. See Minutes of
(entered 19). Council in Assembly under date.
March 19. See Minutes of Council in Assembly under date.
Bill for encouraging the importation of white servants was
read and passed the second time.
March 20. Bill for guarding the sea-coasts of this Island read and
recommitted.
Bill for encouraging the settling and building in St. Katherine's
was read and ordered to lye on the Clerk's table.
William Vassall and Thomas Freeman were granted leave of
absence.
See Minutes of Council in Assembly under date. [C.O. 140, 7.
pp. 21-26.]
March 18. 477. Minutes of Council of the Massachusetts Bay. 50Z. paid
Boston, to Capt. John Cutler, Commander of a new raysed Company of
foot-soldiers for H.M. service, for the subsisting of himself and
company.
AMERICA AND WEST INDIES. 275
1703.
Ordered, that the Reverend Mr. Solomon Stoddard be desired
to preach a sermon to the Great and General Court or Assembly
to convene in May next, upon the day of opening the said Court.
H.E. nominated Peter Thacher of Yarmouth to be a Coroner
within the County of Barnstable ; Joseph Otis of Situate, to be
a J.P., and Justice of the Inferior Court of Common Pleas within
the County of Plymouth ; Samuel Partridge to be Judge of the
Probate, County of Hampshire ; John Pynchon, jr., to be Register
of Wills, County of Hampshire ; David Jacobs of Situate, County
of Plymouth. The Council agreed. [0.0. 5, 789. p. 490.]
March 18. 478. Minutes of Council hi Assembly of the Massachusetts
Bay. Petition of Stephen Minot that a licence may be granted
him for his new house late built upon the neck in Boston, near
to Roxbury, being accommodated with stabling and other con-
veniences fit to entertain man and horse, sent up from the
Representatives with recommendation that it be granted, was
negatived.
The Representatives concurred with an Order sent down, that
for the transportation of soldiers during the present war no
ferryman hi this province presume to demand or take any payment
whatsoever, and that the said ferrymen carefully attend night
and day to expedite their marches, upon the danger of being
prosecuted as neglecting H.M. service and the security of the
Province.
Petition of the Select-men of Mendon, praying a confirmation
of a purchase of a certain tract of land by them made of the
Indians in addition to their township, sent up with the recom-
mendation of the Representatives, read. The Council resolved
that they did not see meet to proceed upon this petition or any
other of like nature, until there be a General Surveyor appointed
and a platt taken by him of the lands from time to time petitioned
for by any town or particular persons, and laid before this Court,
and of record, that the Court may be knowing and certain in
their grants. This resolve was sent down to the Representatives
for their concurrence.
Petition of Samuel Gibson granted, and a day assigned for the
hearing of his case this Sessions. The Representatives concurred.
March 19. The House requested H.E. to inform them of the mistakes
committed by the Government in the affair of the College
intimated hi H.E.'s speech, and what he would direct hi that
affair. H.E. said that the mistakes referred to were the three
draughts of a Charter of Incorporation for the College sent for
England and there refused ; and that Mr. Speaker should hear
from him upon the other head of their message.
Committee upon the accounts of John Usher, late Treasurer,
reported, The vouchers are in England so we could not pass anew
on the said accompts, but we suppose the former Committee had
seen them, and gave in their objections, which with the said John
Usher, his answer lye before the House. Only we would add
that by bis latter accompt he chargeth the Province with
1811. 15s. 5d., which was not in his first accompt, and most of
276 COLONIAL PAPERS.
1703.
which was recovered of him at Law, and the whole paid by him,
and was a charge upon the Province, and are of opinion it ought
to be allowed in his accompt. The Report was accepted and
sent down.
Message sent down to enquire if the Representatives were
upon the -consideration of the rules and methods for appor-
tioning and raising of the tax granted by the last session as a
fund for the Bills of credit ordered to be emitted. Reply in the
affirmative.
Ordered that Mr. Treasurer attend to-morrow with an accompt
of the present state of the Treasury.
Bill passed in Council on Wednesday [17th] that plate bullion
and silver of sterling alloy should pass in payments at 7s. per ounce
troy weight, sent down for concurrence, was sent up with the
vote of that House dissenting in the enacting part, and offering
another clause instead, which the Council could not agree to.
The Bill was returned to the Representatives for their
reconsideration .
Resolve sent up, that all soldiers wounded or taken in H.M.
service, the charge of their cure shall be paid by the Province,
was agreed to.
Joint-Committee appointed to consider the proposals of William
Chalkhill.
Resolved, upon the petition of Benjamin Ruggles, minister
of Suffield, that 100 acres of land be appropriated to the use of
the ministry in the said town for ever, provided that the town
do forthwith grant and lay out to Mr. Ruggles 100 acres of land
in the town accommodable as may be, to the use of him, his heirs
and assigns for ever. This resolve was sent down.
March 20. H.E. communicated to the Council a letter of Feb. 24 from
the Governor and Council of Connecticot, intimating that
they were about to mark out and notify the line lately run
between that Colony and this Province to prevent future
occasions of difference, desiring that this Government would join
therein.
Mr. Treasurer attending with a present state of the Treasury,
whereby it appears that the Province is indebted 2,22Ql. Us. 3d.
besides the growing charge, he was directed to lay the same before
the Representatives.
The Representatives attending, the Speaker read their reply
to H.E.'s Speech. H.E. returned thanks and dismist them.
[(7.0. 5, 789. pp. 802-806.]
March 19. 479. Council of Trade and Plantations to the Queen. The
Whitehall, season approaching for the usual convoys to be sent to
Newfoundland, where your Majesty has one Company of Foot
consisting of 80 private men besides officers, for whom all necessarys
are yearly sent by every convoy, we humbly take leave to lay
before your Majesty the annexed accounts of what appears to
us to be wanting for the support of the said company in subsistence,
clothing and provisions, for the supplying of which the most
speedy orders are requisite. In relation to the provisions, being
AMERICA AND WEST INDIES. 277
1703.
informed by the Commander in Chief that in Newfoundland
they cannot brew with malt in the winter-season, nor without
difficulty in the best of weather, and that beer brewed with
molosses is much wholesomer and better in that country, on
which account they have been formerly obliged to exchange the
malt sent from hence for mollossoes, we are humbly of opinion
that accordingly the price of the malt may be sent by the
Commodore in money, which may remedy the forementioned
inconvenience, and likewise save the freight of malt usually sent,
and the accidents to which the sending it may be subject. And
we further offer that orders be given to the Commodore to do all
that in him lies that the money thus remitted be not embezzled
or apply 'd otherwise than to the service designed. And whereas
there is but one opportunity of conveyance in the year for bringing
from thence the muster-rolls upon the musters to be taken
by the Commanders of the annual convoys, and such muster-rolls
taken by the late Commodore Leake appearing to be compleat,
and remaining at present in the hands of the Commissary General,
we humbly offer that there be a clearing of the said Company,
for want of which they are under great discouragement. But
forasmuch as we find by enquiry that upon the desertion or death
of soldiers in Newfoundland, the Commanders have taken upon
them to complete the companies by listing inhabitants, which
is an unnecessary expence to your Majesty, and does no way
strengthen the Colony, we are humbly of opinion that they be
forbid so to do, and directed not to make use of any other recruits
then such as shall be sent from Europe. In relation to the works
which have already been began for the fortifying of St. John's
Harbour, but are not yet perfected, we humbly propose that the
like orders may be given us as in former years, for the seamen on
board your Majesty's ships of war to assist therein, during their
stay in those parts, in such manner as may not be prejudicial to
the sea service. And whereas we have made frequent Repre-
sentations of the want of a boom and other materials for floating
and fixing a chain before the entrance of the said Harbour, which
have not been provided by reason of a dispute between the Office
of the Ordnance and Navy Board, notwithstanding your Majesty's
Order in Council of March 17, 170J, we cannot but repeat to your
Majesty the great necessity of such a boom and materials, without
which the chain sent thither some time since is of no use, and
the foresaid harbour lies exposed to the French at this time when
they are watchful of all opportunities to possess themselves of
Newfoundland. And in order to the better performance of
whatsoever may be necessary for the security of the place, and
the protection of that Trade and Fishery, we further humbly
offer that the Commander of the Convoy to be sent thither this
year, may have the like Commission to command in chief the
soldiers in pay there, as has in former years been given to others,
and that he may be ordered to bring back with him a true account
of the number of the said soldiers and of their fitness for service.
Signed, Weymouth, Dartmouth, Ph. Meadows, Wm. Blathwayt,
John Pollexfen, Mat. Prior. [C.O. 195, 3. pp. 204-207.]
278 COLONIAL PAPERS.
1703.
March 19. 480. Minutes of Council of Virginia. H.E. appointed a
Royal College Commission to administer the oaths to the Burgesses. Robert
and^Mar Beverley was appointed Clerk of the House of Burgesses in place
of William Randolph, resigned.
H.E. communicated to the Council what he intended to say
to the Burgesses.
March 20. Upon a representation from the Justices of Essex County
complaining that Thomas Merriweather, Sherif of that County,
hath refused to render an account to the Court of his collection,
in contempt of an order of the Court, and that Francis Merri-
weather, Clerk of the said County Court, had refused to enter an
order of the said Court, and praying redress therein, H.E. having
acquainted the Council that he had ordered Thomas and Francis
Merriweather to attend here on Wednesday, further consideration
referred till then. [C.O. 5, 1412. pp. 45, 46.]
March 19. 481. Minutes of Council in Assembly of Virginia. The
oaths were administered to the Burgesses.
The Committee appointed for the Revisal of the Laws having
finished that business, laid before H.E. the several Bills they
had prepared, and prayed him to recommend them to the
Assembly.
The Burgesses attending, H.E. addressed them : I am very
glad to see so many of you met. He recommended them to return
and choose a Speaker, which was done.
Robert Beaverly was appointed Clerk of the House of Burgesses,
and took the oaths accordingly.
March 20. John Gill and Stephen Gill, French Refugees, took the oaths
appointed in order to their naturalization.
The House, attending, presented Peter Beverly as their Speaker,
whom H.E. approved. They demanded, and H.E. confirmed
to them, the exercise of all their ancient rights and privileges.
H.E. addressing them communicated to them the glorious success
of H.M. arms published in the Gazette of Nov. 1702, and proposed
a Day of Public Thanksgiving. He also read H.M. Letter con-
cerning the contribution of the Quota, " I hope in God there will
be no occasion for me to use my best persuasions to incline you
to a voluntary compliance, being it is the first proposal that
H.M. hath made to her Assembly. I will read you H.M.
proceedings in Council concerning arms and ammunition, wch.
she hath been graciously pleased to order to be sent hither, by
which you may see the extraordinary great care H.M. hath for
your preservation, and that the sume for buying the arms etc.
is nigh three times as much as that for New York. And if you
consent (as I hope in God you will) to the 900Z. for that place,
whatever Address you shall agree upon to H.M. most sacred
Majesty concerning that affair, I hope I shall not only join with
you therein, but use my best endeavours that it may be obtained.
That you may imitate, as far as in you lies and the nature of this
Country will allow, that august Assembly the House of Commons
of H.M. Kingdom of England, our Mother-Country, are not only
my hopes, but my earnest prayers to Almighty God. And that
AMERICA AND WEST INDIES. 279
1703.
you may know some of their proceedings, I shall now read you
their Loyal Address to H.M. And I don't doubt but that you
will agree with me that it is an extraordinary good one in all
respects, and you may with them not doubt of the full enjoyment
of all your rights and liberties, nor of H.M. defending and
maintaining the Church as by [law] established etc., H.M. having
been always a most illustrious ornament of the Church, and hath
been exposed to great hazards for it. And the value which H.M.
hath been graciously pleased to set upon the love and affection
of her subjects, I don't in the least doubt but it will highly oblige
you to give H.M. pledges thereof in your duty and obedience,
and that you will most earnestly and heartily join with the hon.
House of Commons that you shall always be sensible that H.M.
interest and yours are inseparable, and that you will gratefully
acknowledge H.M. designs to make you safe and happy, for the
full accomplishment of which I shall endeavour what in me lies,
and neither cost nor pains shall be spared, nor the venturing
my life for it, wch. I take to be according to the duty in all respects
wch. I owe to H.M. and the extraordinary love and affection
which I have for this H.M. most ancient and great Colony and
Dominion of Virginia. And that our endeavours be never wanting
what in us lies to make H.M. reign more prosperous and more
glorious than any of H.M. Royal predecessors are my most humble
and cordial prayers to God Almighty. [(7.0. 5, 1412. pp. 461-465.]
March 19. 482. Journal of House of Burgesses of Virginia. See preceding
abstract under date.
March 20. H.E. appointed William Ballard Messenger and Macebearer
to attend this House.
Committee of Elections and Privileges appointed. Petition of
Christopher Neal complaining of an undue return of a Burgess
for Northumberland County referred to this Committee.
And see preceding abstract under date. [C.O. 5, 1413. pp. 1-5.]
March 20. 483. Order of Queen in Council. Approving Representation
St. James's, of March 18, and confirming the Act of New York referred to
accordingly. Signed, John Povey. Endorsed, Reed. Read
April 5, 170f. 1 p. {C.O. 5, 1048. No. 48; and 5, 1119.
pp. 452, 453.]
March 20. 484. Order of Queen in Council. Repealing and declaring
St. James's, void the Acts of the Leeward Islands for the better observation of
the Lord's Day and for the better support of ministers. [See
March 18.] Signed, William Blathwayt. Endorsed, Reed. 17th,
Read 20 April, 1703. 1J pp. [C.O. 152, 5. No. 21 ; and 153,
8. pp. 163, 164.]
March 20. 485. Order of Queen in Council. Approving Representation
St. James's, of March 1 9, and directing the Earl of Nottingham to signify
H.R.H., the Lord High Admiral, the Lord High Treasurer and
other officers therein concerned, to examine the same, to the end
the several particulars, so far as shall be found necessary, be
280 COLONIAL PAPERS.
1703.
speedily provided and sent to Newfoundland by the next convoy.
The Council of Trade and Plantations are to direct the soliciting
the speedy dispatch of this affair. Signed, William Blathwayt.
Endorsed, Reed. Read March 23, 170. f p. [C.O. 194, 2.
No. 110; and 195, 3. p. 208.]
March 20. 486. Order of Queen in Council. Approving of the Instruc-
St. James's, tions of Governor Seymour, and directing them to be prepared
for H.M. signature. Signed, Wm. Blathwayt. Endorsed, Reed.
Read April 5, 1703. f p. [C.O. 5, 715. No. 72 ; and 5, 726.
p. 255.]
March 20. 487. R. Warre to William Popple. Signed, R. Warre.
Whitehall. Endorsed, Reed. Read March 22, 170. Addressed. I p. Enclosed,
487. i. Circular letter from [? the Earl of Nottingham] to the
Governors of all the Plantations. Feb.25. Whitehall.
War having been declared in the West Indies as well
as in Europe in pursuance of H.M. Orders against the
Spaniards, H.M. would have your Lordship be very
rigorous and severe in preventing any ammunition or
stores of any kind from being carryd to them, and would
have your Lordship use all proper methods that may
be most effectual for this purpose. 1 p.
487. ii. Circular letter from [? the Earl o\ Nottingham] to the
Governors of all the Plantations. March 20, 1703. H.M.
having considered the ill practice of the merchants and
planters in the West Indies during the last war in corres-
ponding with the French, not only in trading with them
but in carrying intelligence to them to the great prejudice
and hazard of the English Plantations, I am commanded
to acquaint your Lordship that by all possible methods
you must endeavour to hinder all manner of trade and
correspondence with the French, whose strength in the
West Indies gives very just apprehensions of the mischiefs
that may ensue if the utmost care be not taken to prevent
them. 1 p.
487. iii. List of the Governors to whom the above letters were
sent. 1 p. [C.O. 323, 5. Nos. 10, lO.i.-iii. ; and 324, 8.
pp. 226, 227.]
March 20. 488. Minutes of Council of the Massachusetts Bay. H.E.
Boston, being informed that a considerable number of Frenchmen from
Cannada are lately arrived at Port Royal, for the manning out
of privateers, to infest and annoy this coast, and that two private
men of war are lately fitted and set forth from that place to make
spoils and depredations upon H.M. subjects and their estates ;
Advised that H.E. emit a Proclamation for laying an embargo
upon all outward bound ships and vessells until further order ;
that the Greyhound, Capt. Andrew Wilson, be forthwith taken
up, equipped and fitted out on H.M. service, for guarding of the
coast, and the securing of navigation ; that Jeremiah Dummer
and the other owners of the said ship be desired forthwith to
AMERICA AND WEST INDIES. 281
1703.
prepare and fit the said ship for the sea, and to direct the working
upon her to-morrow [Sunday, Ed.], if need be ; that Andrew
Belcher be directed to victual the said ship, and to put in provisions
for seventy men for the space of one month. [C.O. 5, 789. p. 493.]
March 22. 489. Mr. Champante to the Council of Trade and Plantations.
I am not at all surprised at the ill account your Lordships have
received of the last cloathing sent to New York ; I had the honour
to know my Lord Cornbury very well before he left England,
and from the several differences between us, I could not expect
a better representation then I find is come. The cloathing were
" consigned to H.M. Governor in Chief, as by the Bill of Lading,
which his Lordship is pleased to term a scrap of paper etc., will
appear. A private commission, unknown to Mr. Nanfan, was
issued for the examination of them, the first of which was M.
Fauconier, a Frenchman and a bankrupt here, though now thought
by his Lordship the properest manager of H.M. Revenue there etc.
Refers to the ordering of the cloathing; see Cal. 1701. The
clothese were as good as any and better then the most ever bought
for that service, as the tailor and packer can satisfy your Lordship.
I also had them examined by several gentlemen (names given)
who compared them with the respective sealed patterns etc.
Signed, J. Champante. 3| pp. Annexed,
489. i. Charges and rates of the double cloathing provided for
the Four Companies of New York. 1 p. The whole
endorsed, Reed. Read March 23, 170. [C.O. 5, 1048.
Nos. 45, 46; and 5, 1119. pp. 432-438.]
March 22. 490. Journal of Council of Trade and Plantations. The
Whitehall. Lord Baltimore presented to the Board the draught of a proviso
to be added to an Act of Maryland for setling the bounds of land,
in order to the preserving of his rights, which he conceives to be
thereby infringed, as likewise a paper of reasons against another
Act for securing executioners and administrators from double paying
of debts, which being read their Lordships acquainted him that
the same ought to be considered by the Governor and Council
in Maryland and their answer received before any report can be
made here, whereupon he withdrew the said papers in order to
some alterations, which may make them more fit to be transmitted
thither.
Letter from Mr. Warr with enclosed circular letters to some of
the Governors of Plantations, read. Ordered that the Secretary
acquaint Mr. Warr that it may be requisite the like letters be
sent to Bermuda as likewise to all the Proprietary Governments.
Two Instructions to Col. Handasyd relating to the setling of
the Revenue in Jamaica, the one to be communicated to the
Council and Assembly, the other for his own private direction,
being also received from Mr. Warr, ordered that the same be
enclosed in the letter already directed to be writ to Col. Handasyd.
Their Lordships entered upon the consideration of the Order
of Council of March 4 relating to the salaries of Governors, and
gave some directions in order to the preparing a report thereupon.
282 COLONIAL PAPERS.
1703.
March 23. The Secretary laid before the Board a letter which he was
lately ordered to write to Capt. Lilly, which was approved of and
ordered to be sent.
Letter to Lt. -Governor Handasyd signed.
Ordered that a postscript be added to the letter to Governor
Codrington of the 18th inst.
Ordered that the Secretary write to Governor Sir Seville
Granville.
Mr. Attorney General's opinion upon an Act of the Leeward
Islands for naturalising Col. Hamilton read. Representations
thereon signed.
Mr. Champante presented his answer to the extract of Lord
Cornbury's letter of Dec. 12, together with an invoice of the
cloathing, which were read. He further laid before the Board
Mr. Attorney General's opinion relating to actions brought by
Col. Bayard and Alderman Hutchins of New York against the Judges
or the Grand Jury by whom they were lately tried, which was also
read. Their Lordships agreed to transmit the same to the Lord
Cornbury, that he may take such care therein as may be proper.
The Lord Viscount Weymouth acquainting the Board that
Mr. Hodges, who some time since had frequently attended this
Board in relation to some concerns in Barbadoes, being now
about to repair thither, did desire their Lordships' letter of
recommendation to Governor Sir B. Granville, that he may
have fair and impartial justice done him in any suits of Law
which he may there have occasion to prosecute, a letter was
accordingly ordered to be prepared.
Order of Council, March 20, read, whereupon Mr. Thurston,
Agent for the Companies at Newfoundland, was ordered to attend
to-morrow.
Order of Council, Dec. 17 last, read.
Two Orders of Council, Jan. 14, read.
Order of Council, Feb. 25, read.
Order of Council, March 4, approving an Act of the Leeward
Islands, read.
March 24. Other letters being sent hither from the Earl of Nottingham's
office to the Proprietors etc. to the same effect as those mentioned
March 22, ordered that postscripts be added to letters to them
for transmitting the same.
Ordered that a copy of Mr. Champante's memorial relating to
the cloathing last sent by him to N. York, and of the invoice
annexed to it, be given to Mr. Thrale.
Ordered that a letter be prepared from the Board to the Lord
Cornbury to inclose to him Mr. Attorney General's opinion about
actions brought by Col. Bayard and Alderman Hutchins.
Mr. Thurston attending according to appointment, a copy of
the Order of Council, March 20, relating to the defence and security
of Newfoundland and the supplies to be sent thither this season,
was delivered to him, and he was directed by their Lordships,
pursuant to the said Order, to solicite the speedy despatch of
that affair through all the offices as necessary, and give a frequent
account thereof to this Office.
AMERICA AND WEST INDIES. 283
1703.
Their Lordships agreed upon the draught of a report relating
to the affairs of New York, and ordered it to be transcribed.
[C.O. 391, 16. pp. 36-45 ; and 391, 97. pp. 237-246.]
March 22. 491 . Journal of Assembly of Jamaica. Bill for quartering
the private soldiers was read and past the first and second time.
Message sent up to the Governor and Council to desire that
no more disbursements or provisions may be allowed pursuant
to the request and vote of this House on Jan. 14, except what
shall be for the support and maintenance of the soldiers at H.M.
Forts remaining on the place where Port Royal stood.
March 23. Act for continuing H.M. private soldiers in quarters was read
and passed the third time and sent up.
Amendments to the Bill for encouraging the importation of
white servants, read, and passed the first and second and third
times and sent up.
Bill to impower Commissioners to inquire into the proceedings
on laying the taxes at Port Royal was read the first and second
times. [C.O. 140, 7. pp. 27, 28.]
March 22. 492. Minutes of Council of Virginia. H.E. communicated
the letters from the Council of Trade, Nov. 4, 1702, and from
H.M. Aug. 20, signifying that he should cause 3,388Z. 3s. 4d., the
cost of stores of war ordered to be sent, to be paid out of H.M.
revenue of quit-rents by transmitting bills of exchange. Warrant
signed on Mr. Auditor for said sum.
H.E. communicated H.M. proclamation for a Thanksgiving
(Nov. 11), and what he intended to say to the House of Burgesses
on that subject etc.
The Board taking into consideration that there are diverse
ships left in this country not yet loaden, and conceiving it necessary
for their security in their return for England, ordered that an
embargo be laid until May 13th. The Council was of opinion
that the ships of this country and Maryland should sail together,
and to that end that the President and Council of Maryland be
acquainted with these proceedings. Capt. Bostock, Eagle advice
boat, was despatched back to Maryland to forward the ships
there with this object. He was recommended to careen there.
Upon reading a letter to H.E. from the President and two of
the Council of Maryland, together with diverse affidavits trans-
mitted therewith relating to diverse irregular and unwarrantable
proceedings and actions of Capt. Nathaniel Bostock, ordered,
in compliance with their desire as well as for the above reasons,
that he return to Maryland, that he may there be called to account.
March 23. John Low of the County of Nansemond by his petition
complaining of diverse abuses offerred to him by Daniel Sullivan
and Henry Jenkins in beating and threatening him, the said
complaint is referred to H.M. Council at Law, to prosecute the
said Sullivan, Jenkins being a member of the House of Burgesses.
The similar complaint of Jenkins against Low and Thomas
Godwin and his son Joseph Godwin, was referred to H.M. Council
at Law to prosecute them.
284 COLONIAL PAPERS.
1703.
Ordered that the Naval officers make up their accounts with
the Treasurer to the 25th of this month.
March 24. A Proclamation for a day of Publick Thanksgiving, for the
great and glorious successes of H.M. arms by sea and land, was
approved. [C.O. 5, 1412. pp. 46-49.]
March 22. 493. Minutes of Council in Assembly of Virginia. The
Assembly attending, H.E. addressed them : H.M. hath been
graciously pleased to honour me with her Royal commands
concerning a Public Day of Thanksgiving, which I will read to
you. It is a very great satisfaction to me that what I proposed
to you on March 20th is agreeable to H.M. commands. I will
read you part of a letter I have received from the Council of
Trade and Plantations, and H.M. Order for 3,000 odd pounds
for stores and provisions of war. I recommend to you what
their Lordships write about servants when free having a gun
and 20s. I design, God willing, to go to meet their Excellencies
Governor Lord Cornbury and Governor Dudley either soon after
the General Court, or in the Fall, and when we meet I hope I
shall endeavour what in me lyes that it may be for the advantage
etc. of this Dominion. I do most heartily recommend to you
to consider of the ways and means of my doing of it. What
their Lordships were pleased to recommend to my care to
encourage the Natives of this Country for the fitly qualifying
themselves for the office[s] thereof, I do most cordially recommend
to you, one way to accomplish which I think will be by encouraging
H.M. Royal College of William and Mary, the accounts of which
are lately adjusted by a Committee of the Trustees and Governors
thereof, and I think that I ought to let you have them that you
may see how the money etc. hath been disposed of, and therefore
now give them to the Honble. Mr. Speaker. Another way will
be by establishing to the several offices such salaries, fees etc.
as that they may live comfortably and genteely upon them. I
recommend to you a petition presented to me, and give you the
Report of the Committee for Revising the Laws, with the said
Laws, but whether you will go upon them now or refer them to
some other time, I wholly leave to yourselves.
The House prayed for a new writ for election of a Burgess
of Surry County, Major Tho. Swan elected for both Surrey
and Nansimond Counties, having chosen to sit for the
latter.
March 23. Paul Hurrelson, an alien, took the oaths appointed in order
to his naturalization. His petition therefor was referred to the
Burgesses.
A petition of the French Refugees at Manican Town, and a
petition of John and Stephen Gill for naturalisation, referred to
the Burgesses.
Petition of Mrs. Mary Rider, praying that the Keeper of the
Ferry at Hog Island may be prohibited to land his passengers
on her Plantation read, and referred to the Burgesses.
Petition of John Holt for the keeping the Ferry from Hogg
Island to Archershope referred to the Burgesses.
AMERICA AND WEST INDIES. 285
1703.
The Burgesses acquainted the Council that they had appointed
Thursday in Easter week for a day of Public Thanksgiving.
H.E. concurred.
March 24. See preceding abstract under date.
Grievance of King and Queen County referred to the Burgesses.
Petitions of James Minge and David Stoner, Edward Ross,
Thomas Francis and John Goodale referred to the Burgesses.
[C.O. 5, 1412. pp. 465-469.]
March 22. 494. Journal of House of Burgesses of Virginia. Upon the
report of the Committee of Elections, the House resolved that
the following Burgesses were duly elected :
Col. William Randolph and Capt. Francis Epps, for Henrico
County.
Richard Bland and Capt. Joshua Winn, Charles City County.
Capt. Nathaniel Harrison and Major Thomas Swan, Surrey
County.
Capt. Arthur Smith and Thomas Giles, Isle of Wight County.
Major Thomas Swan and Capt. Henry Jenkins, County of
Nansemond.
Col. James Wilson and Thomas Hodges, County of Norfolk.
Col. Edward Moseley and Major Adam Thorowgood, Princess
Anne County.
Major Anthony Armistead and Capt. William Armistead,
Elizabeth City County.
Col. Miles Gary and Capt. Robert Hubbert, Warwick County.
Capt. Thomas Barbar and Lt.-Col. Thomas Ballard, York
County.
Benjamin Harrison and George Marable, James City County.
Joseph Foster and James Mosse, New Kent County.
Col. John West and Capt. Thomas West, King William County.
Col. William Leigh and William Byrd, King and Queen
County.
Major Peter Beverley and Lt.-Col. James Ranson, Gloucester
County.
Col. Gawin Corbin and Edwin Thacker, Middlesex County.
James Baughan and Richard Corington, Essex County.
Capt. William Robinson and Major David Gwyn, Richmond
County (but that the Sheriff, William Downman, be sent
for in custody of the Messenger of this House to mend the
return, the words not being agreeable to law. But that
the Speaker do not issue his warrant until further order).
Capt. Rice Hoe and Capt. Richard Fossaker, Stafford County.
Charles Ashton and Henry Ashton, Westmorland County.
John Burbervise and Capt. William Ball, Lancaster County.
And see preceding abstract under date.
Petition of Thomas Godwyn, jr., complaining of an undue
election in Nansemond County read and referred to the Committee
of Elections.
Petition of the freeholders of James City that a writ may issue
for election of a Burgess for the said City according to Law and
their usual privilege was debated, and refused.
286 COLONIAL PAPERS.
1703.
Richard Morris, John Remington, Anthony Evans and Richard
Strickland appointed doorkeepers.
A Committee for Public Claims appointed, and a Committee
for Propositions and Grievances. Resolved, that all propositions,
grievances and public claims be brought into the House by Monday
next, or not to be received this Session.
March 23. Several claims and propositions referred to Committee.
And see preceding abstract under date.
March 24. Upon report of the Committee of Elections, resolved that
James Waddy, Sherif of Northumberland County, be sent for
in custody of the Messenger to answer the charge of Christopher
Neale for an undue return of John Harris, Burgess for the said
County.
Resolved that Capt. Henry Jenkins is duly elected Burgess for
Nansemond County, and Benjamin Nottingham and Jacob
Johnson Burgesses for Northampton County.
Several claims, petitions and grievances referred to the
Committees.
And see preceding abstract under date.
Petition of David Stoner referred to next Session. [C.O. 5,
1413. pp. 6-16.]
March 23. 495. Council of Trade and Plantations to the Queen. We
Whitehall, herewith humbly lay before yr. M. an Act past in the General
Assembly of yr. M.'s Leeward Charibbee Islands entituled An
Act to naturalize Coll. Walter Hamilton upon which we have
consulted your Majesty's Attorney General in point of law ; and
finding that the effect of the said Act will reach no further than
to confer on the said Hamilton the priviledges of a natural born
subject of England within the said Islands only, and being also
informed that the said Hamilton has signalized himself in divers
occasions for the service of the Crown in those parts, and
particularly in the late occasion of St. Christophers, we humbly
offer that yr. Majesty would be pleased to confirm the said Act
with your royal approbation. Signed, Weymouth, Dartmouth,
Rob. Cecill, Ph. Meadows, Wm. Blathwayt, John Pollexfen,
Mat. Prior. [C.O. 153, 8. p. 155.]
March 23. 496. Council of Trade and Plantations to Governor Handasyd.
Whitehall. We have received your letter of Feb. 3rd, which is the first letter
we have had from you ; though we have understood from other
hands, that it was then about two months since you had taken
upon you the administration of the Government of Jamaica,
pursuant to H.M. commission in that behalf. We did expect
after your entrance on that Government to have had a more
particular account of all things relating thereunto, as well with
respect to the Civill as Military part thereof, pursuant to his
late Majesties commission and instructions to Brigadeer Selwyn,
by which you are directed to act ; but this letter gives us no
account of anything whatever. If you had already writ anything
of this kind by a former letter, which may have miscarryed, you
ought to have sent a duplicate thereof by some other conveyance,
AMEKICA AND WEST INDIES. 287
1703.
which is a rule directed by your instructions to be constantly
observed. In this letter you mention indeed the fire that happ'ned
at Port Royal Jan. 9th, but so little you say of it to us, as does not
answer so extraordinary an occasion, and tho' you send us the
foresaid Minutes of Councill which doe in part relate to some
proceedings upon that accident, yet you do not acquaint us with
the effect of those proceedings, nor do you send us the Journal
of the Assembly as you are directed by your instructions. We
must also observe to you, that in the foresaid Minutes of the
Journal of the Councill, we observe an order in the words following,
vizt. : Ordered, that the Receiver Generalbuy up two pipes of Madera,
two hoggsheads of ale, glasses, pipes, tobacco and candles, to be
put and remain in the King's house for the use of the Governour.
And likewise another order in the words following vizt. : Ordered
that the Receiver General buy up for the use of the Governour a
handsom bed and bedstead, with all other furniture suitable for a
lodging room, and that the Receiver General and Mr. Morton
immediately take care about it ; which are matters not fitly treated
of in Councill, nor is the Queen's revenue to be disposed of to
particular persons ; so that we desire you to explain the occasion
of those orders which seem to us very irregular. We send you
here inclosed two instructions under H.M. Signet and Sign Manual,
relating to the setling the Revenue of Jamaica, one of which you
will observe is to be communicated to the Councill and Assembly ;
the other is only for your own private direction in case the
Assembly do not comply with what is required by yt, which you
are to communicate. Your utmost care and dilligence is therefore
requisite in observing the directions thereby given you, a good
conclusion of that affair being of the highest importance for
H.M. service in that Island. And whereas by one of H.M. said
instructions, you are directed to send a vessel! express to Europe
with information of your success therein, we judge it may suffice
that you take the first opportunity of Mr. Dummer's packet-boat
to give H.M. information of that matter.
Further you will here inclosed receive two letters from the
Earle of Nottingham. Signed, Weymouth, Rob. Cecill, Ph.
Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior. [C.O.
138, 10. pp. 429-432.]
March 23. 497. William Popple to Governor Sir B. Granville. The
Whitehall, inclosed letters from the Earl of Nottingham, relating to the
French and Spaniards upon occasion of the present warr, having
been communicated to the Council of Trade and Plantations,
and left with them to be sent forwards ; their Lordships have
commanded me to put them both under one cover, as I now do.
P.S. I am directed in the same manner to desire your care in
sending forwards inclosed letter to the Lieut. -Governour of
Bermuda. [(7.0. 29, 8. p. 294.]
March 23. 498. William Popple to Capt. Lilly. The Lords Commis-
sioners for Trade and Plantations have ordered me to acknowledge
the receipt of your letter of Feb. 3rd, and to acquaint you that
288 COLONIAL PAPERS.
1703.
they are very well satisfyed with your care, in giving them so
particular an account of the late fire at Port Royal ; they also
further desire you from time to time (especially upon extraordinary
occasions) to continue to give them any information which you
may judge proper for their knowledge in order to H.M. service,
assuring you that the same will be always very acceptable. [C.O.
138, 10. p. 433.]
March 23. 499. Minutes of Council in Assembly of Jamaica. Resolution
of the House sent up desiring that no more disbursements be
allowed pursuant to the vote of this House on Jan. 14, except
what shall be for the support and maintenance of the soldiers
at H.M. Forts remaining on the place whereon Port Royal lately
stood.
Bills to continue H.M. soldiers in private quarters, and for
the better encouragement of the importation of white servants
sent up.
Ordered that Col. Lawes, Col. Lowe and Col. Sadler be sum-
moned to attend the Board to-morrow to the end there may be
a full Council to consider it.
March 24. Mr. Jenkins and Mr. Quelch were sworn to give their accounts
to the Assembly of provisions furnished to the poor and the
soldiers at Port Royal.
Bill to continue soldiers etc. read the first, second and third
time and passed.
Bill to impower Commissioners to inquire into the payment of
taxes at Port Royal sent up.
Message sent up inquiring what has become of several Bills
that have been sent up by the Assembly, Easter being so nigh.
March 25. The House attending, the Governor passed the Bill to continue
H.M. private soldiers in quarters, and then prorogued the
Assembly till April 12. [C.O. 140, 6. pp. 458-460.]
March 23. 500. Minutes of Council in Assembly of the Massachusetts
Bay. Report upon the proposals of James Russell and William
Payne read.
March 24. H.E. communicated to the Council H.M. commands for a
Publick Thanksgiving for the glorious successes of H.M. arms..
Advised, that April 8 be the day appointed.
Ordered that the report read yesterday be drawn into a Bill.
The Representatives concurred with the vote concerning
Mr. Ruggles, March 19.
Order of the Representatives upon the petition of the town of
Hatfield, appointing a Committee to discover the bounds, and
to run the line betwixt Hatfield and North Hampton, read
and concurred with so as that a General Surveyor be appointed,
and that he or his Deputy join with the said Committee
therein and report the same.
Bill for further continuing of the apportioning of the tax granted
by Act of Assembly at their last Session, sent up, was read a first
- time.
AMERICA AND WEST INDIES. 289
1703.
March 25. Bill, in addition to the Acts now in force for granting and
continuing several duties, was read three times, passed and sent
down.
Bill, for continuing of the apportioning of the tax granted by
Act of Assembly at their last Session, was read, debated and,
with some reform proposed, sent down.
Bill sent up for better inquiry into the rateable estate of the
respective towns, in order to regulate the public taxes, was read
twice and negatived. The Bill was sent back to the House
with a message proposing another method.
A motion was sent up from the Representatives for essaying
the taking of Port Royal and places adjacent, and read.
Message sent down, desiring that the said motion may not be
discoursed of out of the House, and to be informed whether the
House be unanimous therein and have a prospect that the
encouragement proposed will take in their countrys, H.E.
apprehending that 1,000 men and two ships of good force may
be sufficient for that service, being joined with some of the
privateers.
4J. paid to Daniel Smith, of Charlestown, gunsmith, for new
muskets and mending arms for a detachment of soldiers against
the Indian enemy in the time of Sir Edmund Andros.
A resolve for the establishment of officers and soldiers' wages,
sent up, was read. [(7.0. 5, 789. pp. 806-808.]
March 24. 501 . Attorney General to the Council of Trade and Planta-
tions. In obedience to your Lordships' commands signifyed
to me by Mr. Popple Jan. 28th, I have considered of the matters
to me referr'd, and do find that King James I by Letters Patents
under the Great Seal of England bearing date at Westminster
Nov. 3rd, in the eighteenth year of his reign, did give, grant
and confirm to several! persons (by the name of the Councill
established at Plymouth in the county of Devon for the planting,
ruling, ordering and governing of New England in America)
who were thereby incorporated by that name, and their successors
and assigns for ever, all that part of the main land in America,
lying between the degrees of 40 and 48 north latitude, to be held
in fee as of the Manner of East Greenwich in the county of Kent,
with many great priviledges, royalties and immunityes under
certain conditions and limmitations in the said Letters Patents
expressed, and that John Mason Esq. by virtue of a grant from
the said Corporation under their Common Seal, bearing date
Aprill 22, 1635, was estated in Fee of sundry great tracts of land
in New England (then intended to be and since called by the
name of New Hampshire) to be enjoyed as fully and freely to all
intents and purposes whatsoever as the said Corporation by vertue
of the said Letters Patents might have held and enjoyed the
same as by the said Letters Patents and grant it may and doth
appeare. Samuell Allen Esq. is well entituled to the said
Province of New Hampshire by virtue of a Grant bargain and
sale thereof to him made in or about the month of AprUl, 1691,
by John Tufton Mason and Robert Tufton Mason who were
Wt. 27041. C 18
290 COLONIAL PAPERS.
1703.
entituled to the same under the will of the said John Mason.
Therefore I am humbly of opinion that the said Samuell Allen
(assignee of the said John Tufton Mason and Robert Tufton
Mason) hath by vertue of the said grants a good title to the waste
lands in the said Province of New Hampshire, and that all lands
lying uninclosed and unoccupyed are to be reputed waste lands,
and the said Mr. Allen may enter into and take possession of the
same, and that if he be disturbed in the possession thereof it
would be proper for him (H.M. having Courts of Justice within
the said Province) to assert his right and punish the trespassers,
by legal proceedings in those Courts, and that it will not be proper
for H.M. to interpose in this matter, unless the question concerning
the right come before H.M. by appeal from the judgements,
that shall be given in the Courts in the said Province, save that
it may be reasonable, as I conceive, to direct that, (if Mr. Allen
insist on it) on the tryalls that may be had for settling his right
to the said Province, the matters of facts relating to his
and the title of others claiming the same lands may be specially
found by the Juryes that shall be impannelled in the said tryalls,
that the matters of fact may appear before H.M. if appeals shall
be made from the judgements that shall be given in the said
Province. Signed, Edw. Northey. Endorsed, Reed. March 25th,
Read April 25, 1703. 2 pp. [C.O. 5, 863. No. 14 ; and 5, 910.
pp. 446-449.]
March 24. 502. H.R.H. the Lord High Admiral to the Queen. H.M.
Whitehall, having been pleased by her Order in Councill, to referr unto
me the Petition of Sir Matthew Dudley, Barronet etc., setting
forth that they and many other H.M. subjects, being informed and
fully satisfyed that all sorts of naval stores might be made and
produced within H.M. Territories and Dominions of New England
or Plantations adjacent ; and that several gumms, mines and
minerals were discovered and might be wrought there, and being
of opinion that such naval and other stores will be of great service
and benefit to the Crown and this nation, especially in times of
war, and therefore being ready and willing at their own charge
to begin and carry on a design so usefull to the publick, they
humbly pray a Charter of Incorporation for the purposes aforesaid,
under such name and with such priviledges as shall be necessary ;
I have considered of the allegations, and desires of the aforesaid
gentlemen, and as I must entirely submit that part thereof, which
relates to their being incorporated to H.M. consideration, so
doe I, as to the other, report to H.M., that in case the gentlemen
concerned will contract with the principal officers and Commis-
sioners of the Navy, to supply H.M. stores with certain quantities
of pitch, tarr and other naval commodities of the production
of that country, at a cheaper price or at least not exceeding those
had from other parts, and of such quantities, as that they may
be as proper for H.M. service, as those purchased from the
east country, the said Board are ready to enter into contract with
them accordingly ; but then it is necessary that the gentlemen,
who shall soe contract, be obliged to import masts of the largest
AMERICA AND WEST INDIES. 291
1703.
size, such as are now furnished to H.M. by Mr. Taylor and Mr.
Wallis, because masts of those dimensions cannot be had from
any other parts ; but I think it proper further to observe to
H.M. that tho' upon a survey taken of the Naval Stores which
were provided by the late Lord Bellomont at New York, and
lately brought to England, they doe not appear so good in their kind
as those he had from the East Country, yet considering all things
the charge of them does very much exceed the Naval Stores of
those species, furnished to H.M. from other parts ; and in
case H.M. shall think it reasonable to encorporate the gentlemen
concerned in this affair, the greatest caution ought to be had,
for obliging them not to raise the price of naval commodities,
which if they doe, it may tend greatly to the prejudice of H.M.
service, and a proviso ought to be also inserted in the Charter
obliging them to lett H.M. have the refusal of all such naval
stores as they shall from time to time import at the market price.
Signed, George. [C.O. 5, 910. pp. 459-462.]
March 24. 503. Mr. Larkin to the Council of Trade and Plantations.
Castle of Refers to letters of Jan. 16 and 26th. A fortnight ago I saw
the Governor's Instructions to the Commander of this Castle,
which were not to suffer any person whatsoever to come upon
the Castle during my confinement. This severe usage is in hopes
to send me after Col. Day ; the instruction the Governour and
Council put upon the last order H.M. was graciously pleased to
send for his returne for England broke his heart ; he never held
up his head afterwards. I am apt to believe, my Lords, that
the Governor and Council begin now to be sensible of their error
in deteining me here, for on the 5th inst. they sent me an order,
to which if I would have condiscended, I might have been at
liberty, but finding it contrary to my instructions, I sent them
word that I could not comply with it, and should choose rather
to wait upon your Lordships' leisure then accept of my liberty
upon those terms. On the 13th, the Governor sent me word that
if I would give security to answer what was objected against me
on H.M. behalf in England, I might depart upon H.M. service.
I immediately nominated two Gentlemen, which the Governor
accepted, but still deteins me here a prisoner ; and understanding
that the Governor had received a copy of my letter of Aug. 19
to your Lordships from Mr. Popple, I sent to the Commander of
the Castle and desired him to acquaint the Governor that I could
with very little difficulty prove every material paragraph in it,
and also by undeniable evidence controvert what he and his
Council had been labouring six months to prove against me,
and that if he would be pleased to issue his Commission for that
purpose, let him nominate whom he thought fitt a Commissioner,
I would appoint another. On the 17th the Governor and Council
made an order that the Justices should meet on 23rd at the Flatts
by 8 in the morning to take such proofs as I proposed to make.
When the Commander of the Castle brought it me, I told him
that as soon as I was at liberty, if the Governor would nominate
one Commissioner, I would appoint another, and when I had
292 COLONIAL PAPERS.
1703.
copies of what was against me, I would make good what I had
said to him. As to the Justices, they had deny'd to take affidavits
in my behalf, of which I had already acquainted your Lordships,
that seaven of the Justices were particularly mentioned in my
letter to your Lordships, an eighth had petitioned against me
touching a matter that I was an absolute stranger to, there was
two more Justices, let the Governor take which of them he
pleased ; that the Flatts, which is ten miles up in the country
was a very improper place, because I should have occasion for
several things out of the Secretary's office which could not be
carried to the Flatts without a great deal of trouble ; besides
most of the witnesses I had to examine at St. Georges. I heard
nothing further till the 23rd, and then the Commander of the
Castle came to me about 6 in the evening to acquaint me that
the Justices stayed for me at the Flatts. I immediately dressed
myself, and being attended with two soldiers as my guard, walked
it, and one went before to let them know that I was coming to
wayt upon them, and when I came within half a mile of the Flatts,
I met him in his returne, and he told me that they were all gone ;
so that your Lordships may see after what a base, scandalous
and villainous manner I am treated here. I do assure your
Lops. I have not taken what I gave your Lops, an account of
in my several letters upon trust ; if I could have had a Commission
as I proposed, I should have made it out all with a great deal
more upon oath. If I had not my own innocency and God's
protection, it would be hard for me to stand out against their
stratagems and conflicts of malice ; what their reproaches (which
issue out of their mouths and hearts as easily as smoke and sparks
do out of a furnace) want of trueth they make up with number
and shew etc. I verily believe some of them don't care if the
islands were .under the dominion of the Turk, provided that
pyracy, and that which they call a Free-Trade were encouraged ;
'twas the original of the difference betwixt them and their late
Governor, Mr. Day, which he often told me in his life-time.
Anthony White, one of the Council, declared before the Governour
and myself that he would not give his consent to the hanging of
any pyrate during the war etc. Refers to enclosure. Signed,
Geo. Larkin. Endorsed, Reed. 19th, Read July 20, 1703. 3 pp.
Enclosed,
503. i. Abstract of preceding. 1 p.
503. ii. Copy of an anonymous letter sent to Governor Bennet
upon his arrival in Bermuda. You may conclude the
Council and Justices are prict out by Walker, White,
Spofferth, and Dickeson, for they be the leaders ; what-
ever they propose, the rest will say Amen, and if they
come to outvote you in Council, then they suppose they
have gained the point, and will carry business their
way, so that in time will make you of a Governor as
they have occasion, as they have done by several
Governors. So soon as they find your Excellency will
not be bearded, as Col. Goddard used to say, then they'l
begin to article against your Excellency. It is much
AMERICA AND WEST INDIES. 293
1703.
if they don't give you invitations to their houses, and
endeavour that you shall run yourself upon some business
that will appear like the ruin of some person proposing
great advantage to your Excellency, and this under a
cloak of Religion etc. As for Walker the Witt, he had
a smooth sly way of carrying himself, pretending what
he never intends ; White the Hippocrite will soon
discover what he is by multiplicity of words and
backbiting his neighbours, with a smiling dissembling
countenance, pretending abundance of religion, that
got a woman with child and then perswaded his son to
be marryed to her, his son understanding the matter
was very angry with his Father, so that old White
thought he should be discovered, gave out that his son
was mad, soon contrived to chain him up, and when
a passage offer'd, delivered him aboard a ship by a
company of a womman that he pretended love to, and
so was sent for England and put into Bethlehem, and
there soon dyed. Spofferth, the Tobacco Cutter, hath
a smooth, false tongue ; takes notice what Governors
say and in what company, and keeps a Journal for
evidence. Dickeson, the Commander of Clip Castle,
is as false as the rest etc. etc. further scandal as to their
private lives. Endorsed, Reed. July, 1703. 2 pp. [C.O.
37, 4. Nos. 19, 19.i., ii. ; and (without enclosures) 38, 5.
pp. 400-406.]
March 24. 504. Minutes of Council of Jamaica. Ordered that the
goods now remaining in H.M. Fort Charles, which were saved
out of the fire att Port Royal, and have no owner to clayme
them, be immediately carried to Kingston, and there sold by
public outcry, and that the money therefrom arising be distributed
by the Commissioners to the poor people sufferers in the fire,
who have removed to Kingston, and remain there.
36Z. 16s. paid to Captain Francis Hislop, Capt. of H.M. traine
of artillery, for salary from Nov. 1-Jan. 31.
\ll. 11s. 6rf. paid to the same for money spent on materials etc.
March 25. 501. paid to Alexander Brookes on account of lime for building
H.M. prison at St. Jago de la Vega.
681. 2s. Qd. paid to John Wickham for salary as gunner at
2s. 6d. per diem. [C.O. 140, 6. pp. 135-137.]
March 24. 505. Journal of Assembly of Jamaica. Act to appoint
Commissioners to inquire into the taxes at Port Royal read a
third time and passed.
And see preceding abstract under date.
March 25. Ordered that the Clerk write a copy of the Minutes for the
Governor and sign them, from the time his Honour last had
them.
Ordered that the Clerk and Messenger be recommended to the
Governor and Council for their satisfaction out of the Treasury.
[C.O. 140, 7. pp. 28-30.]
294 COLONIAL PAPERS.
1703.
March 25. 506. Council of Trade and Plantations to Governor Lord
Whitehall. Cornbury. Enclosing the Attorney General's opinion [March 8]
upon the actions brought by Col. Bayard and Alderman Hutchins,
which may serve for the information of your Lordship and other
persons concerned in judicial proceedings. Signed, Dartmouth,
Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. [C.O.
6, 1119. pp. 440, 441.]
March 25. 507. Council of Trade and Plantations to the Earl of
Whitehall. Nottingham. Enclosing extract from a letter of Lord Cornbury
relating to Canada. Signed, Dartmouth, Ph. Meadows, Wm.
Blathwayt, Jno. Pollexfen, Mat. Prior. [C.O. 5, 1119. p. 441.]
March 25. 508. Council of Trade and Plantations to Lord Granville.
Whitehall. Having received from the Earl of Nottingham circular letters
to the respective Governors of all H.M.'s Plantations relating
to the French and Spaniards upon occasion of the present war,
we herewith send your Lordship those which concern H.M.
Province of Carolina and the Bahama Islands, desiring your
Lordship to transmitt the same to those Plantations and give
such further orders thereupon as may be convenient. Signed,
Dartmouth, Ph. Meadows, Wm. Blathwayt, Jon. Pollexfen,
Mat. Prior. [C.O. 5, 1290. p. 308.]
March 25. 509. William Popple to William Penn. The Council of
Whitehall. Trade and Plantations having received from the Earl of Notting-
ham circular letters to the respective Governors of H.M.
Plantations, relating to the French and Spaniards upon occasion
of the present war, they have commended me to send you the
two inclosed which are directed to yourself and the Commander
in Cheif of H.M. Province of Pennsylvania for the time being,
and to desire your care in transmitting the same to Pennsylvania,
and giving such further orders thereupon as may be proper.
[C.O. 5, 1290. p. 309.]
March 25. 51 0. William Popple to the Governor and Company of
Whitehall. Connecticut. Transmitting, two letters from the Earl of Notting-
ham relating to the French and Spaniards upon occasion of the
present war, " the contents whereof you are carefully to observe
in H.M. Colony of Connecticut." [C.O. 5, 1290. p. 310.]
March 25. 51 1 . Council of Trade and Plantations to the Earl of
Whitehall. Nottingham. Enclosing extract of letter from Lord Cornbury
relating to Canada. Signed, Dartmouth, Ph. Meadows, William
Blathwayt, John Pollexfen. 1 p. [C.O. 42, 13. No. 5.]
March 25. 51 2. Council of Trade and Plantations to Governor Dudley.
Whitehall. Enclosing two letters from the Earl of Nottingham relating to
the French and Spaniards upon occasion of the present war,
not doubting of your care in observing the directions thereby
given you ; and a letter to Governor and Company of Rhode
Island, covering others to the same effect. Acknowledge receipt
of letter of Dec. 10. [C.O. 5, 910. p. 375.]
AMERICA AND WEST INDIES. 295
1703.
March 25. 51 3. Journal of Council of Trade and Plantations. Ordered
Whitehall, that the Secretary do send to Capt. Matthews or Mr. Thrale
for a list of what accoutrements are wanting for the Four
Companies at New York.
Letters and postscripts written enclosing Lord Nottingham's
Circular Letters to Governors.
Letter to Governor Lord Cornbury enclosing Mr. Attorney
General's opinion on Bayard and Hutchins' action signed, and
ordered to be sent to Mr. Champante, that he may transmit the
same to New York as he thinks fit.
Letter to Lord Nottingham enclosing extract of Lord Cornbury's
letter of Sept. 29 about the Indians, which relates to Canada, signed.
Mr. Thurston laid before the Board a paper explaining an
error in the computation of provisions for the soldiers at
Newfoundland annexed to the Representation of the 19th inst.,
relating to their supplies, whereupon the Secretary was ordered
to give him a copy of the account annexed to that Representation,
and at the foot of it to add a memorandum that there is an
omission of four men in the computation of those provisions, there
being in the said Company 92 officers and soldiers besides gunners.
Their Lordships took into consideration the draught of a report
to be made relating to the salaries of Governors of Plantations,
and the presents made them by Assemblies, and made some
progress therein. [C.O. 391, 16. pp. 46-48; and 391, 97. pp.
249-251.]
March 25. 51 4. Minutes of Council of Virginia. Thomas Merriweather,
High Sheriff of the County of Essex, appearing to answer the
complaint of the Justices of the Peace of the said County for
refusing to produce his levy book, and render an account of his
Collection pursuant to an Order of the Court, Ordered that it be
referred to the Court of the said County to order payment to
be made to the several parties aggrieved of the quantities of
tobacco due to them in sweet-scented and Aronoco tobaccoes
according to the proportion of those kinds of tobacco made in
that County. Mr. Francis Merriweather, Clerk of Essex County
Court, appearing to answer the complaint of the Justices of
Peace for refusing to enter an Order of Court as they directed,
the Council were unanimously of opinion that his refusal was a
high contempt of the authority of the Court and a neglect of
his duty ; but in regard this is the first complaint that has been
made against him, ordered that he acknowledge his fault in Court,
and enter the same upon the Records. He declared that for
the more ease of the Court of Essex County, as well as of himself ,
he was desirous to quitt his office of Clerk, whereupon H.E. and
Council superseded the above censure, and recommended to
Mr. Secretary to commissionate some other fit person for Clerk
of the said Court. \C.O. 5, 1412. pp. 49-51.]
March 25. 51 5. Minutes of Council in Assembly of Virginia. Grievance
of Norfolk and Stafford Counties, and petitions of Samuel de
Minville, for naturalisation, and of James Adams, Interpreter,
for salary, referred to the Burgesses.
296 COLONIAL PAPERS.
1703.
H.E. and Council proposed that a Joint-Committee be appointed
to inspect the building of the Capitol, and to consider of the
necessary measures for the compleatly finishing and furnishing
the said building. And because the finishing thereof before
next winter will save at least 2001. charge to the country, that
it be recommended to the said Committee to agree upon such
proper methods as will best advance the said building, and also
to appoint some fit person to take charge of the same when finished.
The Burgesses agreeing, a Committee was appointed.
March 26. The Council met and adjourned.
March 27. Petition of Mr. Secretary Jenings praying the direction of the
Board touching the removing the Records of his office, the place
appropriated for them in the Capitol not being as yet finished,
referred to the Burgesses.
Petitions of Mr. Jenings, Tho. Blunt, Interpreter, for allowances,
referred to the Burgesses.
Resolution sent down proposing the establishment of a Ferry
between Tindal's Point and West Point, from Coppohosick to
the land of Capt. Baldwin Matthews. [C.O. 5, 1412. pp. 470-472.]
March 25. 51 6. Journal of House of Burgesses of Virginia. Christopher
Neale was allowed to withdraw his complaint upon the election
of Northumberland County.
Major Arthur Allen, charged with a breach of privilege com-
mitted at the election of Surrey County, was sent for in custody
of the Messenger.
The propositions and grievances of Norfolk and Stafford Counties
not being attested as the Law directs, were rejected.
Several propositions and grievances were referred to the Com-
mittees.
And see preceding abstract under date.
March 26. Mr. A- Armistead granted leave to return home.
March 27. Resolution of the Council referring to the Ferry, and Mr.
Jenings' petition referred to Committee.
And see preceding abstract under date,
Major Arthur Allen's petition read. Ordered that the process
for bringing him in custody be stayed, and that he attend on
Wednesday to answer the charge against him, with other evidence.
[C.O. 5, 1413. pp. 16-20.]
March 26. 51 7. Minutes of Council of the Massachusetts Bay. 101. paid
to Mr. John White, Chaplain to Port Mary at Saco, for ten weeks'
service. [C.O. 5, 789. pp. 493, 494.]
March 26. 518. Minutes of Council in Assembly of the Massachusetts
Bay. Additional Duty Bill sent up with the concurrence of the
Representatives .
Bill for the better inquiry into the rateable estate of the
respective towns was returned by the Representatives with a
message that the House insisted thereon. It was again read
and the Council reasumed their former vote and passed a
concurrence thereto.
AMERICA AND WEST INDIES. 297
1703.
H.E. proposed a Conference with the Representatives upon
their motion sent up yesterday referring to the insulting of Port
Royal, which was held. H.E. said that he accepted the motion
as a great and good service for H.M., and for the repose of this
country, and apprehended it feasible to be put in execution, if
the House be unanimous and steady to promote the same, and
would agree to make up by a detachment so many soldiers aa
the number of volunteers should fall short of 1,000 land forces.
And conference being had upon the whole of that affair, it was
left to consideration of the House.
The Bill for continuing of the apportioning of the tax granted
by the last Assembly, being sent up from the Representatives
with their agreement to the Reform proposed, was read, and a
concurrance passed thereto.
Report of the Committee upon the proposals of William
Chalkhill, was read, the said report being in favour of an agreement
for 5,000?. only, and that in pence.
March 27. The Representatives sent up their former motion for the
taking of Port Royal and places adjacent, with a message that
they had considered what had been offered at the Conference,
but could proceed no further therein than according to their first
proposal.
The motion was read : " Whereas we are daily infested by
the enemy liveing at Port Royal and likely to be deprived of
our provisions that we have our great dependance upon for our
subsistance by their vessels that are continually taking their
opportunitys to surprize the same, and are thereby forced to be at
great cost and charge to provide ships and forces for our security
therefrom, we are of opinion that an essay should be made for
the takeing of Port Royal and the places adjacent, and that
encouragement be given to such volunteers as may present to
engage in that service by allowing them all the plunders thereof,
saving the rights of H.M., and that the Province shall supply
them with victuals for carrying on the said expedition. Which
motion was consented to by the Council, with this addition, that
what men are wanting of volunteers to make up 1,000 be drawn
out of the several Regiments in the Province, and that there be
three ships and a necessary number of vessels, also 300
sailers taken up for the service, that so noble a work may not
be offered at and faile on our parts. Sent down to the
Representatives and returned back with their non-agreement to
the said addition.
Bill against the diminishing and counterfeiting of money was
sent up, read a first and second time, and passed to be engrossed.
Bills for the better enquiry into the rateable estate of the towns,
for apportioning the tax, and continuing duties, sent up, were
read and passed. H.E. gave his consent, and signed them.
951. 13s. 9d. paid to James Russell and the Committee appointed
to imprint and sign the Bills of Credit, according to a report of
the Representatives who proposed the thanks of the Court to
these gentlemen for their faithful care and prudence in managing
this affair.
298 COLONIAL PAPERS.
1703.
Ordered that the Committee proceed to sign the other 5,000?.
of the 10,000?. Bills of Credit ordered by the last Assembly.
The difference continuing betwixt Col. Romer, H.M. Engineer,
and Capt. Timothy Clarke, of the Committee for the Fortifications
on Castle Island, notwithstanding endeavours used to take up the
same, whereby the carrying on the works is obstructed, the
Council are of advice that Col. Romer be encouraged to proceed
in those works and Capt. Clarke be dismissed, and that Thomas
Brattle do continue to undertake the service of providing materials
and necessaries for the workes. Which vote being sent down, was
returned with the vote of the Representatives, that they saw no
just cause for diminishing of Capt. Clarke, yet if H.E. and Council
see it necessary, they do consent that the works at the Castle be
carried on by Col. Romer and Thomas Brattle, rather than the
work should cease.
The Report of the Committee upon the proposals of Mr.
Chalkhill was sent down to the Representatives and returned
with their resolve, that it be accepted and that a Committee be
appointed to draw articles of agreement with him, and that
the covenants and engagements of the Committee in this affair
should be ratified by this Court. This resolve was not agreed
to, but referred to consideration -at the next Court, if then
offered.
The vote of the Council, March 13, for accepting the Report of
the Committee about erecting a fortification at Pemaquid sent
down to the Representatives, was sent up with a non-acceptance
thereof by that house.
51. paid to Stephen Minott for firewood etc. for this Court.
Bill against diminishing money, sent up, was read and passed,
and received H.E.'s consent.
Ordered that the Acts passed this Session be published in
Boston on Monday, March 29, by the Sheriff, at twelve a clock,
with beat of drum.
H.E. summoned the Representatives and dissolved the Court.
[C.O. 5, 789. pp. 808-812.]
March 27. 519. Governor Lord Cornbury to the Council of Trade and
Plantations. Having left New York in order to go into New
Jersey on the 10th of August, I arriv'd at Amboy on the llth,
and that day published my Commissions for the Government of
that Province, having been met by several of the Gentlemen of
the Council, and some of the Proprietors ; the next day I pro-
ceeded to Burlington, where I arrived on the 13th after noon,
it being between fifty and sixty miles from Perth Amboy. I
immediately published my Commission there, and would have
had a Council that night, but some of the Gentlemen of the Council
were ill with riding, it being a very hot day, but the next morning
I called a Council, where there appear'd ten of the thirteen, of
which the Council was to be composed, in pursuance of H.M.
instructions to me ; Mr. Hunlock and Mr. Leonard being dead,
before I received H.M. Commission and Instructions for that
Government, and Mr. Andrew Bowne was not able to travel so
AMERICA AND WEST INDIES. 299
1703.
far ; after I had taken the Oaths and subscribed ye Test and
Abjuration, I administered the same to as many of the Gentlemen
of the Council as were willing to take them, that is, Mr. Morris,
Mr. Reuell, Mr. Pinhorne, Mr. Walker, Mr. Leeds, Mr. Sandford
and Colonel Quary, but Mr. Fennings, Mr. Davenport and Mr.
Deacon, being Quakers, said they could not take an Oath, and
claim'd the benefit of the Act of Parliament passed in the seventh
and eighth of King William ; this begot some debate among
the other Gentlemen of the Council, one of them saying that he
was of opinion that ye Act above mentioned was not intended
by the Parliament of England to ease the Quakers any further
than only in cases where they were to be witnesses in Courts of
Judicature, where their declaration was to be sufficient, but he
said he did not believe it was ever intended they shou'd be by
that Act entituled to hold any employment in Government ;
he further said, that the Act by which the Abjuration Oath was
enacted, had no exception in it, and that that Act having been
passed long after the Act by which the Quakers were eased,
and no exception for them in it, he thought they ought to take
that oath. The Quakers insisted not only upon the Act of the
seventh and eighth of the late King, but likewise said, that they
knew I had instructions to admit them into any offices or
employments which they should be found capable of (by this
I found, that the information I had formerly had, was true, that
is, that Mr. Morris had brought a copy of my Instructions with
him into the Province, when he came from England) I look'd
into my Instructions, and found that in the 49th paragraph I
am commanded to administer, or cause to be administered the
Oaths therein mentioned to the Members and Officers of Council
and Assembly, and to all Judges, Justices, and all other persons
that hold any Office or Place of Trust or Profit in the said Province,
and without which I am not to admit any person whatsoever
into any publick office ; this I thought was very plain against
the Quakers, but they desiring me to look farther, I found in
the 52d paragraph these words : " And whereas we have been
farther informed that in the first settlement of the Government
of our said Province, it may so happen that the number of
inhabitants fitly qualify'd to serve in our Council, in the General
Assembly, and in other Places of Trust or Profit there, will be
but small ; it is therefore our will and pleasure that such of the
said people called Quakers as shall be found capable of any of
those Places or Employments, and accordingly be elected or
appointed to serve therein, may upon their taking and signing
the Declaration of their Allegiance to us in the form used by the
same people here in England, together with a solemn Declaration
for the true discharge of their respective Trusts, be admitted
by you into any of the said Places or Employments." Whereupon
I told the Gentlemen of the Council, that I thought it very plain
by that paragraph in my Instructions, that it was the Queen's
pleasure they should be admitted to sit and vote in Council,
signing the Declarations required, which they did, and were
admitted ; they likewise signed the Abjuration in a roll by
300 COLONIAL PAPERS.
1703.
themselves, only altering the word (swear) to the word (declare).
Thus that matter stands now, but I intreat your Lordships'
directions what I must do for the future ; I must needs say that
whoever it is that has inform'd H.M. and your Lordships, that
the number of inhabitants fit to serve the Queen would be but
small, without admitting the Quakers, either did not know the
country, or else were not willing to own the truth they did know,
for it will appear by the accounts I hope to send your Lordships
shortly of the number of inhabitants of that Province, that the
Quakers are much less in number than those that are not Quakers,
however that they might not say, or think, that I had any
prejudice to them as Quakers, I have put several of them into the
Commission of the Peace ; if they approve themselves good servants
to the Queen, I have no more to .require of them. I hear since
I came from thence, that they do not like the settling the Militia,
which I have begun, and hope to perfect in a short time, I mean,
the Quakers, who would have no Militia at all, but the rest of
the people are very well pleased that they are like to be put into
a condition to defend themselves, which they have not been yet ;
at Burlington, the first thing we proceeded upon, was to settle
some Courts, and in order to it, I asked the Gentlemen of ye
Council, what Courts they had had under their proprietary
Government, they said that their Courts were never very regularly
settled ; but such as they were, it was under this regulation,
first they had a Court for determining all causes under forty
shillings, and that was by any one Justice, and if either of the
parties did not like the judgement of that Justice, he was at liberty
to have a tryal by a jury, paying the charges of the first Suit ;
which I think, was to render the benefit intended by the settling
those Courts ineffectual ; the next Court they had, was a quarterly
Court, where the Justices of the Peace determin'd all causes
under ten pounds ; then they had a Court, which they call'd
the Court of Common Right, where all causes both criminal and
civil were heard and determined, and to this Court there lay an
appeal from the Quarterly Courts ; this Court of Common Right
consisted of the Governor and the Council, and if any man thought
himself aggriev'd by the sentence of the Court of Common Right,
then he might appeal to the Governor in Council, which was
appealing from, to, the same persons; this being the account
they gave me, I told them I thought a Court for determining
all Causes under forty shillings might be very useful ; but I
thought it ought not to be in the power of one Justice of Peace
alone, but rather three, and that the judgement ought to be
definitive ; this they approved of, and so it is settled till the
Assembly meets, when I will use my best endeavours to prevail
with them to settle it by an Act ; then I told them, I thought the
Courts which sate quarterly in the Province of New York, were
more regular than theirs, for there the Quarterly Courts are held
in each County by a Judge of the Common Pleas, and four Justices
Assistants, whereof three make a quorum, and the Judge of the
Common Pleas or the first Assistant-Justice always to be one ;
this they likewise approved of and those Courts are so settled
AMERICA AND WEST INDIES. 301
1703.
by an Ordnance of the Governor and Council, till your Lordships
shall be pleased to direct otherwise ; I have appointed Sheriffs
and Justices of the Peace throughout the whole Province, and
as I desired the Gentlemen of the Council to give me ye names
of such persons as they thought proper, to be put into the
. Commissions of the Peace and Militia, so I endeavour'd to choose
out such among them, as by the best information I could get,
were the most likely men to joyn with me in endeavouring to
reconcile the differences that have caused so much disorder in
that Province, and which I am afraid will not be presently brought
to pass, however I do assure your Lordships, nothing shall be
wanting in my endeavors to perfect that work ; I have already
recommended that matter to the Council, and shall likewise do so
to the General Assembly, as soon as they meet, which will be the
6th day of November at Perth Amboy ; I must acquaint you
that when first I acquainted the Council, that the Queen had
by her instructions commanded me to call a General Assembly
with all convenient speed, they were extreamly pleased with it,
but there arose some debate about the method of issuing ye
Writs, because some of them said the Writs ought to issue under
the Great Seal of the Province, and there being no Great Seal
yet come, that could not be ; some were of opinion, the Proprietors'
Seal of West- Jersey should be made use of ; others were for
that of East-Jersey ; at last it was resolved that I should issue
the Writs for this time under my own Seal, reciting the power
the Queen has been pleased to grant to me under the Great Seal
of England, for the Government of the Province, and for the
calling and holding of Assemblies, this was the only expedient
could be thought of, to have an Assembly, which they were not
willing to stay for till the Seal should come. I hope I have not
done amiss in this matter, it was not of my own head alone I
did it, and it was intended for the service of the Queen and the
Country. I have quite settled the Militia of the Western Division,
and I have begun to settle that of the Eastern Division likewise.
Thus I have given your Lordships a faithfull account of the
present condition of Nova Csesarea or New Jersey ; only I must
add, that there is no fortification in all the Province, no stores
or ammunition, nor no publick storehouse, nor so much as a
house for a Governor to reside in ; I hope the Assembly will
provide for that ; as soon as anything occurs, relating to that
Province, I will acquaint your Lordships with it, in the meantime
I intreat you to believe, that I will at all times observe all
such orders and directions as you shall think fit to send. Signed,
Cornbury.
P.S. Just as I was going to seal up this letter, I am
inform'd the people in New-Jersey are much disturb'd at
the limitation prescrib'd in the qualifications of persons fit
to choose and be chosen for the Assembly ; and indeed it
will happen that some very good men will not be chosen,
because they have not 1,000 acres of land, though perhaps
they have six times that value in money. [C.O. 5, 994A.
pp. 135-144.]
302 COLONIAL PAPERS.
1703.
March 27. 520. Minutes of Council of Virginia. H.E. demanded of
Mr. Benjamin Harrison, H.M. Council at Law, to give his opinion
who are the persons qualified to administer any oath within this
Government. Mr. Harrison desiring time, it was granted him.
[C.O. 5, 1412. p. 51.]
March 29. 521. Minutes of Council of Virginia. Upon the petition of
Anthony Armistead praying that a hue and cry may issue for
apprehending a negroman of his who hath broke open a store and
is supposed to be run into the Government of North Carolina,
ordered accordingly.
March 30. H.E. laid before the Council H.M. Royal Letter for a contribution
of money etc. to New York, and prest the question whether they
will comply with H.M. commands in granting the 900?., since
their giving their opinion in that matter before the House of
Burgesses proceed thereon, he conceives will be a means to induce
that House to a complyance. The Council unanimously made
answer that " we shall be always ready to contribute to the utmost
of our power for H.M. service, either as Council to H.M., or as
we are part of the General Assembly. Accordingly, so soon as
H.E. communicated to us H.E.'s gracious letter relating to New
York, we advised that a General Assembly should be called with
all possible expedition. After it had met, we heartily joined
with your . Excellency in recommending the said letter to the
serious and mature deliberation of the House of Burgesses. The
said House being possessed of the said letter for near a fortnight,
and as we suppose almost ready to come to a resolution thereupon,
we humbly conceive that in all grants of money, for the Council
to declare their opinion before the House of Burgesses give their
answer about them, is contrary to the practice and proceedings
of Assemblys, and we are doubtful might beget a misunderstanding,
the said House being tender of their privileges, and by consequence
might prove prejudicial to H.M. service in general, and to the
good management of this affair in particular, and therefore with
submission are unwilling to declare our previous assent or dissent
to the Resolution of the said House in this matter."
H.E. then acquainted the Council that (since he found they
disagreed in the main to his recommending H.M. Commands to
the House of Burgesses upon the terms proposed in his former
question) he now put this question to them, whether they as a
Council, or as a Council in Assembly judge it for H.M. service
to use their endeavours to perswade the House of Burgesses to
a complyance either by message, conference, or such other way
as they think proper. The Council answer, We shall be very
ready to do H.M. the best service that lyes in our power by
messages, conferences or any other way that may be thought
proper, as occasion shall be given from the proceedings of the
House of Burgesses. H-E. desired the opinion of the Council,
whether it be proper for him to move any further to the House
of Burgesses, either by speech or message in relation to H.M.
Royal commands for assistance to New York. The Council said
they knew of nothing at present, but if anything occurs to H.E,
AMERICA AND WEST INDIES. 303
1703.
for promoting that service, we shall be ready to give our opinion
therein as often a 1 ? H.E. shall think fit to require the same.
In reply to the answer of the Council to the first question
above, H.E. declared that he could not allow any prescription
in this country, nor any president or custom to take place contrary
to the prerogative ; but if presidents could be admitted, yet it
cannot be made appear that ever there was a parallel case to
this.
H.E. communicated to the Council letters from Governor
Lord Cornbury, June 11 and Nov. 19, pressing for the speedy
remittance of the quota, which he intended to send to the House
of Burgesses, and at the same time to acquaint the House that
if the country cannot at present advance the money, he will
lend them 50 much without interest.
March 31. Mr. Benjamin Harrison (see March 27) reported his opinion
as to those persons and bodies who were capable of administering
oaths in this country. H.E. directed him to cite the statutes
empowering them. [C.O. 5, 1412. pp. 51-55.]
March 29. 522. Minutes of Council in Assembly of Virginia. Grievance
of Elizabeth City County, and petition of Chicheley Corbin Thacker
for allowance referred to the Burgesses.
Petition of Roger Light to be appointed keeper of the Capitol,
referred to the Burgesses.
Petition of Mr. Jenings, that it may be declared by whom the
50/6. allowed by Act of Assembly for every Military Commission
shall be paid, referred to the Burgesses.
H.E. laid before the Council H.M. Letter for a contribution of
money etc. to New York, and acquainted them that pursuant
to H.M. commands he recommended that matter to their con-
sideration, hoped he need not use many arguments to comply
therewith, and therefore expected that before their breaking up
this night, they would give him their result. And further, that
if the country wants money at present to advance towards the
assistance of New York, he will lend them, or if this Assembly
shall not think fit to comply with H.M. commands, yet he would
discharge his duty and advance the money himself, rather than
that service shall suffer.
Ordered that the following message be sent to the House of
Burgesses : " I am heartily sorry that I am obliged to acquaint
you (but if I did not do it I should fail in my bounden duty to
H.M., and be wanting in the very great affection, which I have
for this H.M. most ancient and great Colony and Dominion of
Virginia) that I received a letter dated in London Oct. 5, one
part of which is ' it was said that it appeared that the Assembly's
not complying with the Instructions about New York was by
my means, and that my proposing it alone would hinder it.' I
do most earnestly recommend to you to let me know your
resolution upon this affair, and then I hope in God a satisfactory
answer shall be given you by Fr. Nicholson."
The Council took into consideration what H.E. recommended
to them in relation to New York, and finding it necessary to have
304 COLONIAL PAPERS.
1703.
the advice of the Council therein, they, in regard Mr. Auditor
Byrd is lame and not able to attend here, and that Jno. Lightfoot
is absent, resolved to defer the further debate till to-morrow at
8 o'clock at Mr. Auditor's Chambers.
March 30. See preceding abstract under date.
Resolution of the Burgesses sent up, that it doth appear to the
House that the last House of Burgesses did refuse to give the
900Z. to New York, not because the Governor was the proposer
of it, but for other reasons at large enumerated in the Journal
of the said House. And that the report mentioned by H.E.
yesterday, is a false, scandalous and malicious report.
Message from H.E. send down with Lord Cornbury's letters
(mentioned March 30 Minutes of Council), recommending the
matter to their serious consideration and offering to lend the
money required without interest.
Resolve of the Burgesses, nemine contradicente, sent up, " that
this Country is not of ability to comply with H.M. commands
in contributing 900L required for New York." They desired
the concurrence of the Council to this resolve, and that " if they
concur they will be pleased to join in a Committee to consider
of the best method to represent our circumstances of inability
to H.M."
Ordered that the consideration of this resolve be deferred till
to-morrow.
H.E. acquainted the Council that since the House of Burgesses
have put the matter upon this issue, that the country is not of
ability to contribute the 900Z. to New York, the Council will do
well to consider the state of the country and to enquire into the
publick accounts, for that H.E. is satisfied that there is nigh half
of that money now in the bank, after deduction of all debts that
fund is now charged with, and as for the remainder, H.E. will
advance it, or if necessary the whole, upon the credit of those
imposition-Acts now in force, and if they shall prove deficient
will bear the loss himself.
March 31. Petition of Mr. Jenings for allowance was referred to the
Burgesses.
Petition of John Redwood to be appointed Keeper of the
Prison and the Capitol referred to the Burgesses.
H.E. sent down a message of thanks to the Burgesses for their
reply yesterday.
The Council proposed a free Conference with the Burgesses
upon their resolve in relation to the 900/. for New York. The
Burgesses refused this until the Council should return the said
resolve with their concurrence or disagreement. The Council
replied that, not being sufficiently sensible of the reasons of that
resolve, they desired a conference on that subject, being the
constant and approved method to clear all doubts and keep
a good understanding between the two Houses of Assembly,
and cannot but be surprized at their denial of the same, and
knowing of no better way to come to a good agreement, insist upon
their desire of the said Conference as their undoubted right and the
usual method on such occasions. \C.O. 5, 141^2. pp. 472-479.]
AMERICA AND WEST INDIES. 305
1703.
March 29. 523. Journal of House of Burgesses of Virginia. Committee
appointed to examine the Treasurer's accounts.
Grievances of Elizabeth City County and other petitions referred
to Committee.
The House being called over, according to an order of Saturday,
ordered that Arthur Smith, Joseph Foster and Edwyn Thacker
be taken into custody of the Messenger to answer their default in
not attending the service of this House.
Resolved, upon report of the Committee of propositions and
grievances, that the Ferry be continued in Middlesex County,
at the place appointed by law over Rappahanock River
to Chownings Point and Matron Wright's Plantation, and
that the price be altered, for a man 2s. 6d., for a man and
horse 4s.
Resolved, that the propositions of Henrico and Charles City
County, that the Acts imposing a duty upon liquors and servants
and slaves be continued for 3 years after the time they run for,
for defraying the Burgesses' charges, and paying of officers that
attend the Assemblies, be rejected.
Resolved, that some suitable provision be made to prevent the
inhabitants of this country from entertaining or harbouring any
Indians, or employing them to hunt upon any land belonging
to the inhabitants.
Resolved, that the proposition from Charles City County for
renewing the Act for regulating the size and tare of tobacco
hhds. be referred till the revised Laws be taken into consideration,
suitable provision for the same being made therein.
Resolved, upon the proposition from Charles City County, that
application be made to H.E. for the taking off the restraint laid
upon the taking up or surveying and patenting out lands ; and
that this House doth disagree to the report of the Committee
that the other part of the proposition of the said County " that
no greater quantities than 640 acres be taken up in one tract,"
be rejected.
And see preceding abstract under date.
Mr. Arthur Smith discharged from custody of the Messenger,
paying his fees.
Proposition of Charles City County for altering bounds of
parishes referred to next session.
March 30. Joseph Foster and Edwin Thacker (March 29) discharged from
custody of the Messenger, paying fees.
Mr. Jenings' petition referred to Committee.
Resolved, that Capt. Bully Robinson and Richard Drummond
are duly returned Burgesses for Accomack County, and William
Edwards for Surrey County.
And see preceding abstract under date.
March 31. See preceding abstract under date.
Petition of John Redwood referred to Committee.
Resolved, that the propositions of Guy Smith and James Clack,
Clerks, for providing a method to prevent masters of ships etc.,
from leaving out tobacco after the receipt of notes for the same
be rejected, and that their proposition for prevention of slaves
Wt. 27041. C 20
306 COLONIAL PAPERS.
1703.
working on the Sabbaoth Days be referred till the Revised Laws
be taken into consideration, suitable provision being made
therein.
Resolved, that the proposition of James Westcomb for reviving
the Act regulating Clerk's fees be referr'd till the revised laws
be taken into consideration, suitable 'provision for the same
being made therein. The same with regard to the proposition
of Gloucester County for making a stricter law to compel the
freeholders to come to election of Burgesses.
Resolved, that the grievance from Gloucester County be agreed
to, that no person shall kill any unmarked hog or shote except
upon his own or unpatented land, or among his own stock, and
in case he do kill any such, then he shall within 3 months go
to some Justice of the Peace, and make oath of the truth of it,
and thereupon obtain the Justices' certificate, otherwise to be
fined 150/6. of tobacco to the party complaining to be recovered
before a J.P., and in case the party offending cannot pay, then
he shall receive 15 lashes on his bare back. Ordered that a
clause for the same be added, in the revised Laws, to the Act
against stealing hogs.
Resolved, that the grievance from Gloucester County for
making a law to bring persons to condign punishment, who shall
asperse jurors, be rejected, the party agrieved having remedy
at the Common Law.
Resolved, that the grievance from Gloucester County, desiring
that the Highways be kept in repair, be referred till the revised
Laws be taken into consideration, suitable provision for the
same being made therein.
Petition of James Minge for leave to bring in a Bill to enable
him to purchase convenient lands on Match Coats run to erect
a mill on (he having no land on either side of the said run) be
rejected.
Resolved that the grievances of King and Queen, Surrey and
Isle of Wight Counties concerning the standard of Spanish money
be referred till the revised Laws be considered, suitable provision
for the same being made therein.
Resolved that the grievance of Isle of Wight County, that the
allowance of 40ft. of tobacco per day for evidences' attendance
in Courts is too much, be rejected.
Resolved that the grievance of Isle of Wight County, that no
allowance is allowed constables, be referred till the Revised Laws
be considered, suitable provision being made therein.
Resolved, that a Bill be drawn making suitable provision
that there be no manner of abridgement in the elections of
Burgesses.
And see preceding abstract under date.
Major Arthur Allen was taken into custody and brought to the
bar of the House. Resolved, that nothing appeared proved
against him which is a breach of privilege. Exceptions being
taken to some words let fall by Allen in the first part of his defence,
ordered that he be called into the House to explain himself.
Mr. Speaker demanded of him whether he meant any reflection
AMERICA AND WEST INDIES. 307
1703.
upon Nathaniel Harrison or any Member of this House, to which
Allen answered, No, he had no prejudice against him, as he was
a Member of this House he had a respect and honour for him
and every member here. [(7.0. 5, 1413. pp. 20-29.]
March 30. 524. Governor Handasyd to the Council of Trade and
St. Jago de laplantatiojjs. Refers to enclosures. With the advice of the Council
Vega, j h ave prorogued [the Assembly] to April 12, they seeming desirous
to be at home these Holydays, but am sorry to find they are so
severe in not providing quarters for the officers of the two
Regiments, and without it, or some money in lieu of it, 'tis
impossible for them to subsist on H.M. pay, considering the
extravagant prices of lodging, apparel, meat, drink and washing
at this time ; for an Ensign's subsistence being but 17s. Qd. per
week, he nevertheless cannot have a chamber under 20s. per
week, and truely the climate is so violent hot that if their whole
subsistence were applyed to the quenching of their thirst in any
liquid here (water excepted) it could not suffice, since Madera
wine formerly Is. 3d. per bottle is now 2s. Qd., English ale 3s. 9d.,
small beer Is. 3d., wch. is occasioned by the unhappy burning
of Port Royal, where a vast quantity of provisions, stores etc.
were consumed. Yet am in hopes to find the Assembly in a
better temper after the expiration of the time of their prorogation,
and that they will consider this hardship seriously. Signed,
Tho. Handasyd. Endorsed, Reed. 19, Read 24 May, 1703. \\ pp.
Addressed. Sealed. Ij pp. Enclosed,
524. i. Abstract of preceding, p.
524. ii. Memorandum of Minister of Council in Assembly of
Jamaica, Jan. 13-March 25, 1703. J p.
524. iii. Minutes of Assembly of Jamaica relating to the
quartering of soldiers and setling of Kingston, Feb. 22,
23, 1703. Signed, And. Langley, Speaker. 6J pp.
524. iv. Memorandum of Minutes of Assembly of Jamaica,
March, 1, 1702-March 25, 1703.
524. v. Memorandum of Minutes of Council of Jamaica, Feb. 5-
March 25, 1703. J p.
524. vi. Memorandum of Account of Revenue, March 25-
Sept. 29, 1702. J p.
524. vii. Memorandum of an Act of Jamaica to invest H.M.
in land in Kingston for the reception of the sufferers
by the late dreadful fire at Port Royal, declaring Kingston
to be the chief seat of trade and head port of entry,
and fortifying West Chester. J p.
524. viii. Minutes of Assembly of Jamaica, Jan. 14-29, 170,
relating to the setling of Kingston. 14 pp. \C.O. 137, 5.
Nos. 101, lOl.i.-viii. ; and (without enclosures) 138, 10.
pp. 467-469.]
March 30. 525. Abstract of above letter. [C.O. 137, 41. p. 8.]
March 30. 526. Lords Commissioners of the Admiralty to the Earl of
A< nffi ralty Nottingham. We have received your Lordship's letter of 24th
ce ' inst. with the extract of one from the Lords Commissioners of
308
COLONIAL PAPERS.
March 31.
Whitehall.
1703.
Trade and Plantations, wherein 'tis desired that the seamen
belonging to H.M. ships bound to Newfoundland, may have orders
to assist in the work ashore there, and that a Boom may be sent
thither for the defence of the Harbour of St. John's. 'Tis
absolutely necessary for the service, that the men of war should
" cruize off the coast for the security of the fishery and themselves,
until the Trade shall be ready to come away, so that their men
can't be spared from them. And as for masts to make the Boom,
they cannot be carried from hence in the men of war that are
going to Newfoundland, and therefore it is necessary the officers
at St. John's should be ordered to cut masts in the winter time
proper for this service, and to send them down thither on the
snow, which is the best and cheapest way we can think of. Signed,
D. Mitchell, Geo. Churchill, Richd. Hill, J. Brydges. 2 pp.
[8. P. Naval, 1. Under date.}
527. Council of Trade and Plantations to Governor Sir B.
Granville. The bearer hereof, Mr. Hodges, complaining that he
has suffered in some affairs he has in Barbados, by mismanagement
of his agents, delays and otherwise, and desiring our recommenda-
tion to you, that speedy and impartial justice may be done him,
we have thought fit to comply with his request, and do accordingly
desire your care that no obstructions be given him in the course
of his proceedings, and that he may enjoy the benefit of the
law as other H.M. subjects. Signed, Weymouth, Dartmouth,
Robt. Cecill, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen,
Mat. Prior. [C.O. 29, 8. p. 295.]
528. Journal of Council of Trade and Plantations. Letter
to Governor Sir Beville Granville in behalf of Mr. Hodges, signed.
Mr. Champante desired their Lordships would write to Lord
Cornbury in relation to the arrests which Capt. Nanfan at present
lies under in New York ; whereupon he was directed to lay before
the Board a memorial of what he himself proposes might be
done therein.
Draught of Representation upon Governors' salaries, agreed
upon.
Representation upon Lord Cornbury's letters, relating to the
State of the Province of New York, signed.
Representation upon Governors' salaries and presents made by
Assemblies, signed. [C.O. 391, 16. pp. 52-54 ; and 391, 97.
pp. 253-261.]
March 31. 529. Minutes of Council of the Massachusetts Bay. H.E.
Boston, communicated several letters expressed to him from Piscataqua,
advising of an insult lately made by Capt. Samuel Chadwell,
commander of a privateer sloop, upon some French and Indians
at Naskeag in Mount Desart, by rifling and plundering the house
of Paul Munier, a Frenchman, allied to the Indians, under the
protection of this Government, and had killed Munier, and beaten
one or more of the Indians. H.E. acquainted the Council that
he had desired Lt. Gov. Partridge to write to Major March to
March 31.
Whitehall.
April 1.
April 2.
AMERICA AND WEST INDIES. 309
1703.
direct him to observe to the Indians the resentment H.E. had
of that matter, and that he had sent for Chadwell, and would
make a strict inquiry into the same, and take such order therein
as may be agreable to Justice, and to give them satisfaction,
whereof they shall have an accompt.
Accompts of Major John March and Capt. James Gooch com-
mitted.
30Z. paid to Capt. Simon Willard, Commander of a Foot Company
of soldiers newly raised for H.M. service, for subsisting of himself
and company. \C.O. 5, 789. p. 494.]
April 1. 530. Minutes of Council of the Massachusetts Bay.
Boston. Capt. Chadwell was examined upon the matter whereof he
acquainted the Board yesterday. He acknowledged that Munier
was plundered and wounded by some of his company, but knew
not that he was dead. H.E. ordered Chadwell to be confined
at the Castle, and issued a warrant for the apprehension of those
of his Company, who Chadwell said were concerned in the action.
A complaint was exhibited by the Select Men of the Town
of Enfield of the molestation and disturbance given them in
the improvement of their estates by their neighbours of the
Colony of Connecticot, particularly that, on March 24, the
Constable of Windsor with six men, came near to the midst
of their town bounds and seized two men at work upon turpentine,
and carried them before a J.P. at Windsor, who bound them
over to the County Court at Hartford, within the said Colony of
Connecticot, to answer for the same. Upon reading whereof,
a letter was drawn up to the Governor and Council of Connecticot
resenting the said irregular action, and the unwarrantable
proceeding of their officers, intimating the mutual stipulation
made betwixt the two Governments about claim of jurisdiction,
and that the persons so bound over were commanded not to
appear at the said Court, which this Government would vindicate
them in, justly expecting that there be no further procedure
in that matter, and that the Queen's subjects be in peace.
[C.O. 5, 789. pp. 494, 495.]
April 1. 531. Minutes of Council in Assembly of Virginia. The
Council being informed that the House of Burgesses were
adjourned till to-morrow, they, for the better observation of the
Publick Thanksgiving appointed to be this day kept, adjourned.
April 2. Reply of the House of Burgesses in answer to the message
of the Council insisting on a conference in relation to the 900Z.
for New York ; " The House will at all times, but more especially
upon this occasion, endeavour to preserve a good understanding
and agreement between your Honours and themselves, and will
very readily comply with whatever your Honours shall propose
for the attainment thereof, so as it may be done without
diminution of those rights and privileges which they take to be
inherent in them, and from which they presume to hope your
Honours will not deske them to depart. But as this case stands,
the House do resolve to adhere to their last resolve first
310 COLONIAL PAPERS.
1703.
mentioned, untill your Honours shall some way or other have
signified your opinion upon it. The Burgesses do acknowledge
that many times conferences are very necessary between the
two Houses of Assembly, but that it is the constant method,
or your Honours' undoubted right to have it, they conceive
they can in no wise agree, for that it is always at the liberty
of each House whether they will admit any such or no. And if
it were your Honours' undoubted right to have a conference
whenever you should desire it, then it must necessarily follow
that the Burgesses should be obliged to attend your Honours
where and whensoever your Honours should think fit to require
thenf, whether they thought it reasonable or not, which in con-
sequence might prove greatly prejudicial to their publick con-
cerns. The Burgesses do take the constant and known practice
of Assemblies in like cases to be that when any Bill or other
matter shall past their House and been sent up [sic] to the Council,
that the same hath always been sent down again with the opinion
of the Council thereupon, before any Conference hath been had
upon the subject matter thereof, as may be observed in the method
continually used in passing the Book of Claims, and instances
are not wanting of the Burgesses having denied conferences
when your Honours have desired them before you have signified
your opinion upon the subject matter under consideration, and
your Honours rested satisfied with such denial, as, to instance
one case for all, may be remembered the last Assembly upon
the Bill concerning the Militia." A Committee was appointed
to prepare an answer to the Burgesses.
April 3. The Committee reported progress. Ordered that the answer
be reported on Tuesday. [C.O. 5, 1412. pp. 480-482.]
April 1. 532. Journal of the House of Burgesses of Virginia. Resolved,
that this House doth adhere to their former resolve in not
agreeing to a Conference. (See Minutes of Council, March Blst.)
Committee appointed to draw up a suitable message to the
Council.
April 2. See preceding abstract under date.
Resolved, nem. con., that the Forts already erected on the
frontiers of New York are no security to this Colony, and that
notwithstanding the same the enemy may and frequently doth
come upon our frontiers, and commit murders and other mis-
chiefs. Resolved, nem. con., that the building of more forts
upon the frontiers of New York will not any ways avail to the
security and defence of this Colony, for that an enemy may
annoy or invade the same, and not come within 100 miles of
any fort that can be built within the province of New York.
That sending the Quota of men to New York will be prejudicial
to H.M. interest at home and endanger the safety of this Colony.
That it is not probable any men can be sent from this Colony
soon enough to be serviceable to the province of New York upon
an invasion. That by means of the present publick engagements
und such necessary provision as the defence and security of
this Colony will from time to time require, we shall not be able
AMERICA AND WEST INDIES. 311
1703.
to furnish the province of New York with money in lieu of men.
That it is absolutely necessary to make a Representation to H.M.
upon the subject matter of the foregoing resolves, to the end
H.M. may be truly informed of the state of the case between this
Government and New York.
Resolved, upon consideration of H.E.'s second speech, that
the question of giving a servant a gun at his freedom be referr'd
till the Bill in the Revisal concerning the Militia etc. be taken
into consideration.
Resolved, that this House do proceed upon the Revised Laws
this Session.
Mr. Ransone granted leave of absence.
April 3. Grievance from Surry County desiring that no person may
exercise any trade but he that serves a legal apprenticeship
to it, rejected.
Grievance from Surry County for taking off the imposition
on liquors rejected. Grievance from Surry County for obliging
all mechanicks to follow one distinct trade, rejected.
Resolved, that necessary provision be made giving John
Goodale leave to keep a Ferry on the Upper parts of Chickahomony
River.
Petition of Mrs. Mary Rider, that the ferryman at Hog Island
be prohibited to land his passengers on her Plantation, rejected.
Resolved, upon the petition of John Holt desiring to be Ferry-
Keeper at Hog Island, that the Law for regulating ferries being
temporary, and the present keeper having been at great charges
for an ordinary in compliance with the said Law, it is not con-
venient to make any provision therein at present.
Thomas Francis granted liberty of keeping a ferry from his
landing to Hog Island.
Petition of Edward Ross for raising the rates of the Ferry at
James Town rejected.
Proposition of King and Queen County for setling Rolling-
houses rejected.
Proposition from Nansemond County for making bridges
over the swamps on the road to North Carolina, and levying
the charge thereof upon the pole, rejected.
Proposition from Nansemond County against the transportation
of old iron rejected.
Resolved that a Bill be prepared to enable the Governor
to commissionate so many persons as he shall think fit to
administer the oaths and test to the French Refugees at the
Manakin Town, in order to their naturalisation.
Resolved, upon the petition of John Gill, Stephen Gill, and
Paul Harralson, that H.E. hath full power to naturalise them
by virtue of an Act of 1680.
Petitions of Capt. Thomas Mountford and Robert Beverley
referred to the Committee of publick claims.
Grievance of James City County referred to the Committee
of Propositions.
The message from the Governor and Council (referred at
the last Assembly) recommending to the House to assert H.M.
312 COLONIAL PAPERS.
1703.
right to quit-rents on the Eastern shore, and that the bounds
between this Colony and Maryland be ascertained, referred
to the Committee of Propositions and Grievances.
Ordered that the quere left upon the Journal of the last Session,
whether Mr. Treasurer hath taken care to receive the debt
due from Corbin Griffin's estate upon the imposition Acts, be
referred to the Committee appointed to inspect the Treasurer's
accounts.
Ordered that the observation upon the Journal of the last
Session, " It is also observable that Mr. Treasurer has given
himself credit for 283Z. 5s. for the Trustees of the City of
Williamsburgh by order of Assembly, but says he has not paid
it all, nor has any receipts or discharges for any part paid,"
be referred to the same Committee.
Bill concerning the Church Clergy and other parochial affairs
read the first time and committed. [G.O. 5, 1413. pp. 29-35.]
April 2. 533. Council of Trade and Plantations to the Queen. Having
Whitehall, lately received from the Lord Cornbury, your Majesty's Governour
of New Yorke, several letters and papers concerning that
Province, we humbly represent to your Majesty that we are
thereby informed as to the state of defence of the said Province,
That the Fort at New Yorke is in a very ill condition ; nothing
having been laid out upon it since Coll. Fletcher came from
thence ; the parapet being of sod worke is fallen down in many
places ; most of the platforms and of the carryages quite rotten,
many of the guns dismounted, and some of them honey-comb'd
so that they cannot be safely fired. The Forts at Albany,
Schenectady, Canestigione, and another upon Hudson's River
called the Half-Moon, are likewise in a ruinous condition. His
Lordship is therefore building a new Fort at Albany and designs
to put the other Forts into a better state of repaire. Very few
of the stores which his Lordship found at New Yorke and at
Albany (whereof he has sent us the annexed inventories) are
fit for service. As to the four Foot Companies, which ought
to consist of four hundred private soldiers, besides officers,
there were not in his own Company more than eighty effective
men ; in Captain Nanfan's Company no more than seventy-six
men ; in Major Ingoldesby's Company eighty-four men, and in
Capt. Weem's Company ninety-two men ; so that there are
wanting sixty-eight men for the compleating of the said
Companies, which his Lordship desires may be recruited. He
desires four hundred men more for the better garrisoning of Albany
and other frontier places. The 4 Companies had suffered very
much for want of cloathing, which was then just arrived ; that
their arms were very bad, not more than seven and twenty
muskets fit for use in the two Companies at New Yorke, and but
twelve swords, and twelve bayonets in each of those two Com-
panies. Besides which the two Companies are in need of
accoutrements and other necessaries to render them fit for ser-
vice. The Militia of the Province is in a very ill state, having
not been drawn out or exercised for many years last past. In
AMERICA AND WEST INDIES. 313
1703.
consideration of the great charge necessary for carrying on the
Fortifications, and of the low state of the Province, which since
the Earl of Bellomont's coming there, he sayes, is grown much
in debt ; his Lordship further prays that your Majesty would
be pleased to direct that he may have some assistance from
hence for the Fortifications, as was intended by his late Majesty.
His Lordship has also transmitted to us the annexed list of the
great gunns, small arms and stores, which he thinks requisite
for the defence of the Province. As for the state of the Civill
Government, his Lordship informs us that he found things in
great disorder. The animosities between parties were very
high ; . and at the time of his arrival the administration of the
Government being chiefly in the hands of unfit and mean persons,
they had opprest the cheif and most wealthy inhabitants, and
brought all to great extremity, which appears by many addresses
presented to his Lordship from all parts within his Government
for releif . In reference to the Five Nations of Indians bordering
upon New Yorke, his Lordship gives us an account of a Conference
he has had with their cheif Sachems at Albany, where he made
them presents as usual, in order to confirm them in their sub-
mission to your Majesty ; which, tho' a considerable charge, his
Lordship judges absolutely necessary to be continued, lest the
intrigues of the French of Canada and the influence of their
Priests, who frequently converse and sometimes inhabit with
those Indians, should debauch them from your Majesty's
allegiance. In relation to Naval Stores his Lordship informs us
that the Earle of Bellomont having formerly contracted for a
parcell of masts and some timber for the use of the Royal Navy,
and a vessell called the Benjamin, sent by the Commissioners of
the Navy to fetch the same, being lately arrived at New Yorke,
he had upon examination into the condition of those masts found
them to be serviceable, but not of the dimensions agreed for ;
and having thereupon prevailed with the contractor to abate
considerably of the price, he had caused them to be put on board
the foresaid vessell, together with so much of the timber as was
at New Yorke ; adding that there was more timber lying in the
woods which should be brought down as soon as the frost was
hard enough to bear a sledge, but could not be done sooner.
Upon all which particulars we take leave to lay before your
Majesty That as to the Forts and Fortifications, his Lordship
may be ordered to use his best endeavours with the Assembly
to dispose them to make suitable provision for repairing the old
and erecting such new Fortifications as shall be judged necessary,
which together with the quotas of the neighbouring Plantations
(wherein your Majesty may be pleased to renew your directions)
may be applyed towards this work.
And as his Lordship represents the Province to be in so low
a state as to stand in need of assistance from hence, we humbly
report that upon the like representation from the Earle of
Bellomont his late Majesty was pleased to order 2,500/. should
be remitted thither for the said Fortifications, whereof 5QOZ. only
was accordingly remitted, so that the remaining sum of 2,0001.
314 COLONIAL PAPERS.
1703.
has not yet been issued. As to the Stores and materials of War
desired by his Lordship according to the annexed list ; in case
the 60 pieces of cannon, 1,000 firelocks and 200 barrils of powder
therein mentioned may not at this time so conveniently be
spared, we humbly offer that one-third part of the cannon and
one-half of the firelocks, powder and other stores therein men-
tioned be now sent. As to the 400 men desired by his Lordship
over and above the four Companies, we do not take upon our-
selves to judge how far your Majesty can spare any additional
number of men. As to the Militia of that Province, we humbly
report that amongst the Acts, which his Lordship has transmitted,
there being one for the better settling . the said Militia
and making it more usefull for the security and defence
of the Province, we have considered the same and can thereupon
only offer that his Lordship be directed to take care that it be
duly executed ; and that in case the said Act be found by
experience to be defective, he move the Assembly that further
provision be made for that purpose. In relation to the Recruits
demanded by his Lordship for the 4 Companies, we find by
the accounts laid before us, that, besides what is due from the
Executors of the Earle of Bellomont, there is remaining in the
hands of Capt. Nanfan, late Lieutenant Governour of New Yorke,
the sum of 510/.' for respits from the 9th of March, 1700, untill
the 8th of May, 1702, and in the Lord Cornbury's hands 238Z.
for respits from the 9th of May, 1702, untill the 24th of December
following, whereof a particular account may be made up in the
Pay Office ; which respits we humbly propose may be applyed
towards recruiting the said Companies, and together with what
shall appear to be further due from the Pay Office upon the
clearings of those Companies (which we judge to be very requisite)
may be imployed so far forth as the same is applicable to this
service, towards providing arms, accoutrements and other
necessaries, which they stand in need of, according to the
particulars hereunto annexed. As to the Civill Government of
the Province and the unhappy divisions amongst the people
we humbly report, That having recommended to his Lordship
as well as to former Governours the endeavouring to reconcile
all parties, he does assure us that he has accordingly applyed
himself to that work and will continue to do so, without espousing
any party further than your Majesty's Service and the rules of
Justice do oblige him. As to the Indians, we are humbly of
opinion that the usual method of ingaging them by presents
be continued, and especially as any extraordinary occasion
may require. And we further take leave to observe, that another
means to prevent the influence of the French missionaries upon
them and thereby more effectually to secure their fidelity, would
be that two Protestant Ministers be appointed, with a competent
allowance, to dwell amongst them, in order to instruct them
in the true ' religion, and confirm them in their duty to your
Majesty. As to Naval Stores ; having likewise received the
annexed proposals from his Lordship touching such as may be
procured from New Yorke, we humbly offer to your Majesty
AMERICA AND WEST INDIES. 315
1703.
that the same be transmitted to H.R.H. the Lord High Admiral,
in order to an examination thereof and such directions as may
be thought fit. Signed, Weymouth, Dartmouth, Robt. Cecil!,
Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior.
[C.O. 5, 1119. pp. 442-450.]
April 2. 534. John Champante to the Council of Trade and
Plantations. I have already presumed to lay before your
Lordships some particular hardships that John Nanfan, Esq.,
H.M. late Lieutenant Governour of New Yorke, had put upon
him under the present administration of Government there,
as by my Memorial dated the 5th of February will appear, and
I must humbly desire your Lordships now to transmit immediately
such orders as shall be thought most fitting. Your Lordships
have been already pleased to declare that no action in the Queen's
name against him should detain him in that Province, which
your Lordships may be confirmed in by the conclusion of
Mr. Attorney's opinion as to Graves and Prideaux's Actions
against him, which is that he may be indicted here for any mis-
demeanours committed by him during his Government, and
may be here brought to an account for any moneys he has received
belonging to H.M. And as for the actions of those two men,
who, with humble submission ought, now that they are within
the reach of justice, to answer for their crimes committed in
the Isle of Providence, I humbly hope your Lordships will think
it proper to give all the discouragement possible to the said
Actions, since Mr. Attorney's opinion fully shews the groundless-
ness of them, and since any of H.M. Governours in those parts
may be put under the same difficulties if such proceedings as
these are not discountenanced by your Lordships. And in this
I must appeal to the opinion of Mr. Attorney in the like case of
Governour Day, which your Lordships were pleased to mention
to me upon a former application of mine to your Lordships in
this matter, and which was that, notwithstanding any Actions
brought against him, his late Majesty might order him hither
to give an account of his administration, or to that effect. Upon
the whole therefore, what I humbly address myself to your
Lordships for is, that Orders may immediatly go hence for
Mr. Nanfan to appear here to answer whatsoever may or can be
objected against him, and that he may thereby be protected
against the malice of his enemies there, which the Lord Cornbury
seems so much to countenance, and which Coll. Smith, the present
Cheif Justice there, has neither learning or good will enough
to put a stop to. Signed, J. Champante. Endorsed, Reed. Read
April 5, 1703. 1 pp. [C.O. 5, 1048. No. 49 ; and 5, 1119.
pp. 458-461.]
April 2. 535. Lt.-Gov. Bennett to John Bennett. Recapitulates his
Bermuda, complaints against Mr. Larkin (see Cal. 1702, and supra) and
declares that he was well treated in prison. Signed, B. Bennett.
Endorsed, Reed. Aug. 10, 1703. Holograph. 12 pp. Enclosed,
316 COLONIAL PAPERS.
1703.
535. i. List of enclosures following. Endorsed as preceding.
2J PP.
535. ii. Copy of a Deposition as to Mr. Larkin pulling down
a publication for holding a Court of Admiralty, Sept. 25,
1702.. Signed, John Davis. Endorsed as preceding.
If PP-
535. iii. Memorandum of Mr. Larkin's behaviour at a Chancery
Court, Aug. 18, 1702. Signed, Ben. Bennett, Richard
Peniston, Cha. Walker, Anthony White, Thomas Harford,
Mich. Burrows, Patrick Downeing, Sam. Spofforth.
Endorsed as preceding. 3 pp.
535. iv. Copy of Governor Bennett's Order to Mr. Larkin
to confine himself. Sept. 30, 1702. Signed, B. Bennett.
Endorsed as preceding. 1 p.
535. v. Copy of Mr. Larkin's first commitment, Oct. 1, 1702.
Signed, B. Bennett. Endorsed as preceding. 1 p.
535. vi. Copy of Mr. Larkin's discharge from his first com-
mitment, Oct. 20, 1702. Signed, B. Bennett. Endorsed
as preceding. I p.
535. vii. Copy of a summons for Mr. Larkin to appear before
the Governor and Council of Bermuda, Nov. 2, 1702.
Endorsed as preceding. I p.
535. viii. Copy of Deposition by Lt. Henley, Nov. 5, 1702.
On Oct. 15 he heard Mr. Larkin calling Col. Day abusive
names, adding " I have opposed Governor and Govern-
ment to doe you service, you dogg. Your house was on
fire and I put it out, etc." Signed, Robt. Henley.
Endorsed as preceding. 1 p.
535. ix. Copy of letter from Mr. Larkin, Nov. 13, 1702, to
Governor Bennett, with Capt. Bennett's remarks upon
it. Signed, B. Bennett. Endorsed as preceding. 1 p.
535. x. Copy of Affidavit of Robert Rawlins, Marshall,
against Mr. Larkin, and of Minutes of Council of
Bermuda, Nov. 11, 1702, as to Mr. Larkin's declining
to hear the affidavits against him. Endorsed as preceding.
5 pp.
535. xi. Copy of Deposition of Hannah Hilton, Widow, as to
Mr. Larkin's seducing a mulatto slave of the Governor's
named Anne or Nanney at her house. Signed, Hannah
Hilton, her mark. Dec. 30, 1702. 2 pp.
535. xii. Copy of Deposition of the said Nanney corroborating
above. Signed, Anne or Nanney, her mark. Dec. 30,
1702. | p.
535. xiii. Copy of Deposition of Edward Hubbard, March 1,
1702, corroborating above, etc. Signed, Edward Hubbard.
Endorsed as preceding. 1 p.
535. xiv. Copy of the Representation of the Inhabitants of
Bermuda against Mr. Larkin and in praise of Governor
Bennett. Signed, Military Officers : Anth. White,
Willm. Tucker, Jno. Trimingham, Wm. Seymour,
Saml. Smith, Geo. Darrell, Danl. Keell, Jno. Harvey,
Leonard White, Willm. Stone, Richd. Peniston,
AMERICA AND WEST INDIES. 317
1703.
Nath. Butterfield, Philip Lea, Nath. Prudden, Geo. Tucker,
Joseph Hinson, Joseph Todd, Florents. Cox, Wm.
Watlington, Tho. Wood, Wm. Stafford, Jno. Harford,
Dan. Tucker. Justices : Willm. Tucker, Willm.
Outerbridge, Jno. Dickinson, Saml. Smith, Geo. Darrell,
Tho. Forster, Saml. Sherlock. Council : Richd. Peniston,
Cha. Walker, Anth. White, Tho. Harford, Mich. Burrows,
Benj. Wainwright, St. Geo. Tucker, Benj. Hinson,
Patrick Downing, Saml. Spofferth. Endorsed as
preceding. 15 pp.
535. xv. Copy of the Bond approved by Mr. Larkin for his
appearance in England. Endorsed as preceding. 1 p.
535. xvi. Petitions of several persons to the Governor and
Council of Bermuda against Mr. Larkin for conveying
away a debtor of theirs. Signed, Samuel Smith, Richard
Gilbert, jr., Jane Milborne, Thos. Smith, Tho. Watkins,
his mark. Endorsed as preceding. 2 pp.
535. xvii. Copy of Mr. Larkin's second commitment, Jan. 4,
170f. See Minutes of Council under date. Same
endorsement. 1| pp.
535. xviii. Deposition of Capt. Bailey, Jan. 11, 170f, and of
Dr. Owen, March 6, 170f , that Mr. Larkin said that he
would prevent the Governor ever having preferment
etc. Signed, John Bayly, Geo. Owen. Endorsed as
preceding. 1 p.
535. xix. Copy of the Collector of Carolina's letter to the
Secretary of Bermuda, relating to the sloop Shadow
and her clearings. Feb. 23, 170f. Endorsed as
preceding. 4 pp.
535. xx. Deposition of Capt. Sandys, March 1, 170, that
Mr. Larkin frequently spoke slightingly of the Governor
and on Nov. 28, approaching him in an absurd manner
demanded his ticket to be gone, and when the Governor
asked him for his clearings as Master of the Shadow,
he said he could not, and then that he would not etc.
Signed, Lanc(eZo<) Sandys. Endorsed as preceding. 1 p.
535. xxi(a). Deposition of Capt. Matthew Newnam, March 1,
170f, as to Mr. Larkin's opprobrious language about
the Governor. Signed, Matt. Newnam. 1J pp.
535. xxi(6). Deposition of Lt. Henley to the same effect. Signed,
Robt. Henley. \ p. The whole endorsed as preceding.
[(7.0. 37, 4. Nos. 24, 24.i.-xxi. ; and (list only) 38,
5. pp. 430-433 ; and (duplicate of No. xiv.) 37, 26.
No. 2.]
April 2. 536. Council of Trade and Plantations to the Queen. In
Whitehall, obedience to your Majesty's Order in Council of March 4, requiring
us to lay before your Majesty an account of the salaries, which
now are or may be properly assigned to the respective Governours
of the Plantations, for the better enabling them to support the
dignity of the several Governments, and for the hindring them,
for the future, from receiving presents from the General
318
COLONIAL PAPERS.
1703.
Assemblies there, we humbly represent, that as to Barbadoes
and the Leeward Islands, there is a duty established of four and
an half p. ct. upon all dead commodities exported, in considera-
tion of all duties belonging to the Proprietor, and for confirmation
of their estates, for maintaining the honour and dignity of the
Government there, the reparation of the Forts, and other publick
charges, which duty in Barbadoes has one year with another
amounted to about 10,000?. sterling, and in the Leeward Islands
to about 3,0002. sterling p. ann., for the disposition whereof an
humble Address was likewise presented to your Majesty by the
late House of Commons that the same (subject to an Annuity
payable to the heires of the Earle of Kinoule) be applyed for the
repairing and erecting such fortifications, and other publick uses
for the safety of the said Islands, as your Majesty phall direct.
That out of the said duty in Barbadoes there has been hitherto
assigned 1,2002. sterling p. ann. salary to the Governours of that
Island ; but that summe having been judged not sufficient for
their support, they have been permitted from time to time to
receive presents from the Assemblies, and considerable summes
have accordingly been raised by publick levies ; for the prevent-
ing of which practice we humbly propose that your Majesty
would be pleased to add the summe of 8002. sterling p. annum out
of the said duty of four and an half p. cent, to the present salary
of the Governour of that Island, which by such addition will
amount to 2,0002. sterling, and may be a competent maintenance
for that Governor without dependance on the people. And we
humbly offer that upon the establishment of 2,0002. p. annum,
as aforesaid, your Maj. do signify your express pleasure that
no Governour, Lieutenant Governour, Commander in Chief or
President of the Council of Barbadoes for the time being, do here-
after receive any gift or present from the Assembly, and likewise
that no Assembly do make any such gift or present to him or any
of them, upon any account whatsoever, except only that there
being no house appointed or set apart for the Governour, and it
having been customary for the Assemblies to make a temporary
assignment of a house, or rent for the same, out of the publick
levies, your Majesty may be graciously pleased to permit the
Assembly to assign such a house or rent for the same not exceeding
3002. sterl. p. annum, out of the publick levies, and to allow
the Governour to accept thereof (notwithstanding what has been
before offered) untill a house be built for him ; provided always
that this be done at the first Session of the Assembly after such
Governour's arrival or receipt of your Majesty's order in this
behalf, and that it be assigned him for the whole time of his
government. And we do thereupon humbly observe that the
foresaid increase of salary being supplyed by your Majesty out
of the duty of four and an half p. cent., the Assembly of Barbadoes
(and other Assemblies in the like case) will have an opportunity
and be in a condition of applying these large summes which they
usually gave in presents, by yearly levies to their Governours,
towards such other publick uses as may be most necessary for the
defence and safety of those Plantations, and we humbly conceive
AMERICA AND WEST INDIES. 319
1703.
that in consideration of your Majesty's goodness in exempting
them from this customary burthen of presents, they may be
the more easily induced to contribute in such other manner
to their own preservation. As to the Government in the Leeward
Islands ; we likewise humbly represent to your Majesty, that the
present salary of the Governour in Chief, arising out of the said
duty of four and an half p. cent, there being no more than 1002.
sterl., the insufficiency thereof has been the reason (as in Barba-
does) that the Governours have been permitted to receive presents
from the Assemblies of those Islands : and we therefore humbly
propose that your Majesty be pleased to add the summe of 5002.
sterl. p. annum out of the said duty of four and an half p. cent,
there, to the present salary of the Governour in Chief, which by
that addition will amount to 1,2002. sterl. and may be a competent
maintenance for him. And whereas besides the Governour in
Chief of all the Leeward Islands, there are particular Lieutenant
Governours of each of the said Islands vizt. of St. Christophers,
Antego, Nevis and Mountserrat, who have no established salaries ;
we humbly conceive that if your Majesty would be pleased to appoint
the summe of 2002. sterling p. annum to each of them out of the
said duty of 4J p. cent, if your Majesty shall so think fit, it would
likewise be for your Majesty's service and the interest of this
kingdome in reference to trade, and otherwise, in freeing such
Lieutenant Governours from their obligation to the Assemblies ;
whereby your Majesty may be Likewise enabled to send from
England fit persons for those commands, as there may be occasion.
And we thereupon humbly offer that the same instructions be
signified to the Governour, Lieutenant Governours, Presidents
and Assemblies of the Leeward Islands, as to the Governour and
Assembly of Barbadoes, with the like exception, that the
Governour in Chief and Lieutenant Governours be permitted to
accept of a house, or rents for the same, from the several
Assemblies in the same manner, as proposed for Barbadoes. As
to Jamaica, there being an established salary for the Governour of
2,0002. p. annum currant money of that Island, out of the revenue
arising there for the support of that Government, we humbly
offer that the same be made up out of the said revenue, 2,5002.
of such currant money, which may amount to about 2,0002. sterling,
and that the like directions be given herein as in Barbadoes and
the Leeward Islands ; excepting only what relates to a house,
your Majesty having already a house there convenient for the
residence of the Governour. As to the Bermuda Islands, there
being 1602. p. annum settled by your Majesty for the support of
the Governour, out of the Shares of Land and Licences for Whale-
fishing there, and the further sume of 2402. out of your Majesty's
Exchequer, making in all 4002. sterling, we humbly conceive
that the addition of 1002. p. annum more out of the Exchequer
may enable him to support himself in that Government without
presents from the Assembly. The salary of your Majesty's
Governour of Virginia being 2,0002. sterling per annum, we
conceive the same sufficient for his maintenance without
receiving any presents from the Assembly.
320
COLONIAL PAPERS.
1703.
As to the Government of Maryland we find the constant revenue
arising by the two shillings p. hogshead upon tobacco exported
to have amounted in the year 1701, to about 3,200Z., one
moyety whereof is belonging to the Lord Proprietor, and the other
moyety being for the support of the Government, one fourth
part thereof is by Act of Assembly to be applyed to the buying
of arms, and the other three fourths amounting to 1,2001. is applic-
able to the Governour's salary ; besides which an Act was past
upon the arrival of the last Governour in Maryland for raising
a Revenue of three pence p. hogshead as an additional allow-
ance to him for his better maintenance, during his Government ;
which may amount to 5001. p. annum more ; and there being
no house in Maryland for his reception, we humbly conceive
your Majesty may allow the Assembly to repass the like Act
for the better maintenance of the present Governour provided
the same be for an unlimited time, or during his Government.
And that the said Governour be not permitted to receive any
present or gratification from the Assembly upon any account
whatsoever.
The salary established to be paid out of your Majesty's revenue
in New Yorke to that Governour, being no more than 6001.
sterl. p. annum, which is no ways sufficient, and that defect
having been hitherto supplyed by presents from the Assembly ;
we humbly offer that 6001. more may be added to it out of the
said revenue, which 1,2002. may be a competency for his support.
And upon the settlement thereof we humbly propose that the
like directions be given in New York, in reference to presents as
for other Colonies.
As to the Province of New Jersey which has been lately brought
under your Majesty's immediate Government, and the Lord
Cornbury constituted Governour of the same as of New York,
we conceive the Assembly there ought to settle a constant and
fixt allowance for the maintenance of their Governours as also
of the Lieutenant Governour who is to be resident there.
As to the Province of the Massachusets Bay, which is a Charter
government, the inhabitants have been always averse to any
compliance with the directions that have been frequently sent
them from hence for settling a fixed revenue for the support of
that Government, or the Governour. And upon application
made to the Council and Assembly by Coll. Dudley your Majesty's
present Governour, pursuant to your Majesty's Instructions
to him, they have wholly declined the same, persisting in their
usual way of making only temporary provisions for the charge
of the Government ; whereby they have kept your Majesty's
Governours there in a continual dependance upon them for
voluntary presents, which to the present Governour have been as
yet very inconsiderable. Whereupon we humbly offer that your
Majesty would be pleased, by a letter under your Royal Sign
Manual directed to the Council of that Province, to be communi-
cated likewise to the Assembly, to require them that in considera-
tion of the great priviledges they enjoy, they do settle a constant
allowance suitable to the character and dignity of that Government
AMERICA AND WEST INDIES. 321
1703.
without limitation of time upon the Governour, together with
a fitting provision for the Lieutenant Governor or Commander
in Chief for the time being. In which letter it may be intimated
to them, that if they neglect this opportunity of complying with
your Majesty's just expectations, your Majesty will be obliged
to have recourse to such remedies as may be proper and effectual
in order to a due provision therein. As to New Hampshire,
where no certain provision has yet been made, we conceive
there ought likewise to be a fitting salary without limitation
of time raised by the Assembly ; and we humbly offer that direc-
tions be given accordingly. As to the Proprietary and Charter
Colonies, vizt. Rhode Island, Connecticut, Pennsylvania, Carolina
and the Bahama Islands, we cannot propose anything upon this
occasion ; the Governours of those Colonies not being appointed
by your Majesty, and depending either upon the Proprietors or
the people, from whom they have very mean and uncertain
salaries ; which incourages them to connive at unlawful trade
and other irregularities inconsistent with the interest of this
Kingdome, which great mischief can only be remedyed, as we
humbly conceive, by reducing those Colonies to an immediate
dependance on the Crown. Signed, Weymouth, Dartmouth,
Rob. Cecill, Ph. Meadows, Wm. Blathwayt, John Pollexfen,
Mat. Prior. \G.O. 324, 8. pp. 229-240.]
April 2. 536. Minutes of Council of New Hampshire. A General
Newcastle. Thanksgiving ordered to be observed on April 8, for the many
great and wonderful successes of H.M. forces etc. [(7.0. 5, 789.
p. 143.]
April 2. 537. Minutes of Council of Virginia. Guy Smith, Clerk,
elected one of the Governors of William and Mary College, took
the oaths appointed and subscribed the Test.
April 3. Whereas Capt. Alexander Bowdidge, Commander of the Thomas
and Joseph now in York River, hath brought into this country
diverse Naval Stores for the use of H.M.S. Southampton, which is
sailed, ordered that he send a copy of the particulars, that H.E.
and Council may consider where the said stores may be best
secured for H.M. service. [C.O. 5, 1412. pp. 55, 56.]
April 3. 538. Lt.-Governor Bennett to Mr. Popple. Refers to letter
Bermuda, of Dec. 24, and acknowledges receipt of those of April 13 and
Nov. 13, " wherein you mention that their Lordships had wrote
to me upon several occasions, 16, 17, 19th March, April 13 and
July 13, and that duplicates of them all had been sent by different
conveyances, none of wch. has come to my hands but that of
April 13. Pray in your next let me know which way they were
sent, for there must be some contrived interception, for it is not
reasonable to believe so many pacquets should accidentally
miscarry, and if possible I'le find it out. I fear the disaffected
partie here are concern'd in it. Refers to his own letters. I will
take care to answer Mr. Larkin's letter (Aug. 19, 1702) so distinctly
that I hope to satisfie their Lordships that it was a malitious
Wt. 27041. Q 21
322 COLONIAL PAPERS.
1703.
contrivance and very little of it true, and that it certainly was the
dictates of Col. Day (who I am sorry to mention being dead, but
since I am forced for my own justification, I hope it will not
be thought ungenerous), Judge Nelson, Dr. Starr, late Sherif Jones,
etc., and that it was not wrote from Mr Larkin's own observations
as he pretends. Repeats previous letters. I am concerned the
unhappy accident that gives the occasion of relating to you
that on Jan 7 or 8 all the whole point at Jamaica was burnt, except
the Fort ; it's thought it began by treachery, the fire breaking
out in so many places at once. I had this acct. from a master
of a vessel that came from thence about three weeks since and
saw the ruins. He further adds that about 14 days ago he spoke
with a ship in the sea, the Capt. of which told him that the Fleet
was arrived at Antigua, that brought my Lord Peterborrow over.
I was in hopes of sending the packet mentioned in my last
long since, but Mr. Larkin finds out a new business for me every
day, I verily believe there is not his fellow in the world, nor such
assistance as he has in mischief, as Judge Nelson and Dr. Starr.
My brother in his letter has some forerunners of my next pacquet,
which I presume will allay the bitterness of Mr. Larkin's expresses.
If H.M. orders Mr. Larkin to be at liberty here and live as he has
thought, lawless, I am satisfied I shall be daily insulted and the
Government and Country put in confusion. Therefore I hope
their Lordships will be of opinion that he be subject to the in-
flictions and penalties thereof, as any other inhabitant, for I find
he intends to stay amongst us ; and I further request that if
my reputation or conduct be in dispute, that I may have time
to come and answer for myself, for my life is not significant to
me when my honour is in question, unless where H.M. service
is concerned, wch. I have been a martyr to since Mr. Larkin
came here, for no gentleman ever in my post suffer'd so many
indignities, affronts and barbarous afflictions both in publick
and private capacitie as I have done. Signed, B. Bennett.
Endorsed, Reed. 21st, Read July 22, 1703. 3J pp. [G.O. 37, 4.
No. 20 ; and 38, 5. pp. 411-416.]
April 3. 539. Lt.-Governor Bennett to [?]. Duplicate of preceding.
Bermuda. 4 pp. [G.O. 37, 26. No. 1.]
April 3. 540. Order of Queen in Council, upon Representation
St. James's. o f April 2, directing the Council of Trade and Plantations
to write to Governor Lord Cornbury signifying H.M. directions
as therein proposed, and to the several Governors and Proprietors
of H.M. Plantations adjacent to New Yorke for the furnishing
their respective quotas to the assistance of that Province as
there shall be occasion. Signed, Edward Southwell. Endorsed,
Reed. 10th, Read April 19, 1703. 1| pp. [C.O. 5, 1048.
No. 51 ; and 5, 1119. pp. 471-473.]
April 3. 541 . Order of Queen in Council. Referring the report of
St. James's. H.R.H. the Lord High Admiral (see March 24) to the
Council of Trade and Plantations for their report. Signed,
AMERICA AND WEST INDIES. 323
1703.
Edward Southwell. Endorsed, Reed. 9th, Read April 13, 1703.
| p. Enclosed,
541. i. Copy of Report of the Lord High Admiral given
March 24, supra. Signed, George. Countersigned,
Edward Southwell. 2J pp. [C.O. 5, 863. Nos. 15,
15.i ; and 5, 910. pp. 457-462.]
April 3. 542. Order of Queen in Council. Approving Representation
St. James's. o f March 23, and ratifying the Act of the Leeward Islands accord-
ingly. Signed, John Povey. Endorsed, Reed. Read May 6,
1703. f p. [C.O. 152, 5. No. 22 ; and 153, 8. pp. 172, 173.]
April 4. 543. Governor Dudley to [? the Council of Trade and
Boston. Plantations]. Since my last I have holden another Assembly
for this Province, and in a very pressing manner I have laid before
them their own interest and benefit as well as duty to H.M. to
restore the garrison at Pemaquid, and with much difficulty the
Council have again agreed it, but with so much uneasiness as
has further encouraged the Representatives in their obstinacy
flatly to refuse it, so that I know no method further with them
in the affair. I am sorry to make this Representation so contrary
to H.M. just commands. The Castle of this place is a very good
and honorable work, and will be finished in two months more,
at about 6,0001. value, and I have directed Col. Romer to raise
a small work at Marblehead, and then to begin at Pascataqua,
where that very little Province have given 500?., and are willing
to add their labour to make a greater summe. Mr. Brenton has
obeyed your Lordships, and last week took a receipt of Mr.
Ichabod Plaisted for 25/. per annum paid him to this day for the
service about the masts, which is the full half of that salary,
and I believe he is very diligent in the duty of his place. The
Lieutenant Governor and Mr. Sheafe have attended me in the
article of . enumerated commodities imported from the Massa-
chusetts. It was three bags of cotton wool, wch. against all
law was acquitted by the Jury, but I have reseized it, and put it
into the Court of Admiralty, where Mr. Newton, Deputy Judge
under Mr. Atwood sits, who dare not acquit it, but says he is
unwilling to condemn it because it has been acquitted in another
Court. If I might be honoured so far as to have Col. Byfield
appointed Judge of the Admiralty, I should answer for his just
proceeding here. In this matter it depends upon the late Act
of Parliament impowering the Admiralty to hear and determine
all causes of the Revenue, and I hope your Lordships will
command that he give judgment in it, and I shall stay the wool
under seizure till I shall have your Lordships' commands, though
it is taken very severely that the wool has been now holden
twenty months under seizure without an issue.
My Lords, I am exposed to the insults of an enemy for want
of a guardship here and another at Pascataqua, which the
French at Placentia and Port Royal know very well. I pray
your Lordships' favour therein. My Indians are yet unexpectedly
at quiet. But I have just now the advice of an English privateer
324 COLONIAL PAPERS.
1703.
unhappily going ashore at Penobscott, and killing and doing
mischief there, which may cause a rupture. I have all things
in readinesse and two companies of foot I marched into the
Province of Mayne this week, that I be not surprised if they rise.
I pray your Lordships' favour to obtain a settlement for a salary
for the Governour and Civil List here, which I can by no means
obtain from the Assembly, that I may be supported here in
H.M. service. Signed, J. Dudley. Endorsed, Reed. June 30,
Read July 13, 1703. 3| pp. Annexed,
543. i. Abstract of preceding. [(7.0. 5, 863. Nos. 16, 16.i. ;
and (without abstract) 5, 911. pp. 7578.]
April 4. 544. Governor Dudley to the Council of Trade and
Boston. Plantations.
Repeats preceding, and adds ; Since the falling down of the ship,
I received from New Hampshire inclosed copies of the two Acts
of the last Assembly, and of the Act for raising the 550Z. before
my arrival, and another copy of the fines and amerciaments
for seven years last past, of which with the first copy I humbly
gave your Lordships account of the plea offered me by the gentle-
men here, that the whole at no time passed, but often fell short
of the Justices' allowances for their Sessions, and so nothing
came into H.M. Treasury, but if your Lordships please to direct
otherwise for the future, it shall be obeyed. I have also by
H.M.S. Gosport arrived this day from Jamaica (viz. April llth),
the good news that the two storeships of provisions, and the two
foot companies I sent by H.M. especiall command together with
about 14 victuallers in company are all safe arrived at Port Royal
and very seasonable, considering the great disaster of the fire
there. Signed, J. Dudley. Endorsed, Reed. Nov. 20, 1703.
Read Jan. 7, 170|. Mem. [? by Mr. Popple]. The papers therein
referred to are not sent. 3f pp. Annexed,
544. i. Abstract of preceding. 3f pp. [C.O. 5, 863. Nos.
17, 17. i. ; and (without abstract), 5, 911. pp. 175-176.]
April 5. 545. Journal of Council of Trade and Plantations. Mr.
Whitehall. Attorney General's opinion as to the coast lands in New Hampshire
read. Copy ordered to be delivered to Mr. Usher.
Letter from Mr. Story, Secretary of New Hampshire, read.
Order of Council, Jan. 21, approving Lord Cornbury's
Instructions, read.
Orders of Council, March 4, relating to a Charter for the Import-
tation of Naval Stores, read.
Order of Council, March 20, approving an Act of New York,
read.
Order of Council approving Col. Seymour's Instructions, read.
Memorial from Mr. Champante read.
Letters from Mr. Broughton, Attorney- General at New York,
read.
Ordered that Mr. Lund, named by him, have notice to attend
on Thursday.
AMERICA AND WEST INDIES. 325
1703.
April 6. Letter from Mr. James Cowse to Mr. Attorney General, Bar-
badoes, Feb. 2, relating to delays he met with in a suit at law
there, having been communicated to the Board from Mr. Attorney,
ordered that a letter be prepared to Sir Beville Granville in behalf
of Mr. Cowse to the like effect as that lately writ in behalf of
Mr. Hodges.
Ordered that circular letters be prepared to the Governors of
all H.M. Plantations for expediting of Justice in their respective
Governments, and transmitting accounts of the proceedings
of their Courts of Justice.
Mr. Perry, Mr. Byfeild and Mr. Godin offering to the Board
a Memorial relating to hardships put upon their correspondents
in Carolina upon occasion of the late expedition from thence
against St. Augustin, the subject of which Memorial appearing
upon perusal to be a matter of State, and requiring hast, the same
was returned to them, and they were advised to make their first
application to H. M. by a Secretary of State.
Draught of a letter to Governor Lord Cornbury was agreed
upon and ordered to be transcribed.
April 7. Above letter signed.
Letter from the Earl of Nottingham, relating to Newfound-
land, read.
Mr. Merrit thereupon ordered to attend to-morrow with one
or more persons who have been acquainted with that country,
in order to answer such enquiries as there may be occasion to
make relating thereunto.
Mr. Usher desiring their Lordships to report upon H.M. Order
in Council relating to Mr. Allen's title to the coast lands in New
Hampshire, directions were given for preparing a representation
accordingly. [(7.0. 391, 16. pp. 55-61 ; and 391, 97. pp.
265-273.]
April 5. 546. Minutes of Council [in Assembly] of Barbados. See
following abstract. Lovis Lameth, a Frenchman who was taken in
the French King's service, desired to take the oath of allegiance
to the Queen of England, as also the oath of abjuration, he being
a Protestant, and that he might have leave to stay here, being
willing to serve H.M., which was granted, and he took the oaths
and signed the Test.
Joint-Committee appointed as desired by the Assembly.
The Speaker read a paper which he said was a further answer
to the reply of this Board to the answer of their House. But the
President having declared by his reply delivered them that he
would word it noe further with them, and that he did not think
it worth his while to take any further notice thereof, it conteining
so many untruths and falsities [sic]. [C.O. 31, 8. pp. 15, 16.]
April 5. 547. Journal of Assembly of Barbadoes. The House met
by vertue of a special call from the President, who informed
them that he had received a letter from the General of the Lee-
ward Islands, that gives an account that the forces there had
attacked the Island of Guardeloop, that they wanted 20 barrels of
326 COLONIAL PAPERS.
1703.
fine powder, and about 40 barrels of shot, and desired that it
might be sent down with all speed for that service. [H.E.
recommended] that the two petitions of the Hon. Saml. Cox that
lye before the Assembly may be considered of and dispatched.
Resolved, that a joint-Committee be appointed to inspect
the stores and to send Col. Codrington 20 barrels of fine powder
and what ball there is already made, and that persons be em-
ployed by them, if there be occasion, to buy lead on the country's
account for the making more ball. And this day 'tis ordered
to cast the same quantity of balls as they shall think fit to send
away for H.M. service, and that Col. Codrington may be desired
to passe a receipt for the powder and ball.
The following reply was delivered to the President's paper of
Feb. 19 : Nothing can be more agreable to all our desires than the
happy discovery of an expedient to remove our heats and unite
divisions, and to settle in the present conjuncture a good under-
standing between ye Honourable ye Members of H.M. Councill
and this House, and thereby establish such a mutuall trust and
confidence in each other (which your unjust suspicions of us
have hitherto prevented) as are absolutely necessary for our
joynt carrying on our publick interest for ye Honour of H.M.
and our own safety. But when wee consider the fruitless advances
and offers which we have in a former paper made towards a re-
concilement, and that the measures we have hitherto taken
prove (wee feare through prejudice and prepossession) insufficient
and ineffectuall to gaine that end and have rather produced effects
diametrically opposite to our aims and intentions ; we were at
at a stand and had some thoughts to lett the unseasonable con-
troversy have stopt untill we could be heard by an impartial
judge with a requisite calmness and eveness of temper ; but
when we further consider that our silence may by some be made
an argument of our guilt, and that to say nothing were to confess
ye charges, wee have changed our resolution and made ye follow-
ing reply to your Honour's Paper dated Feb. 19th, 1702, tho'
a great part of ye Paper is taken up with bitter invectives against
our Speaker, and tho' they reflect not only dishonour upon us
but upon ye many former Assemblys, that have constantly chosen
him to ye chaire, yet think it needless now to be his advocate, for
when we consider how many years he has been chosen by every
voyce of his parish to represent them in ye Assembly, and in how
many Assemblys he has been (with a nemine contradicente) elected
their Speaker, wee think his reputation so well establisht, as not
to be shaken by a few angry reflections ; the rude (nauseous
rather than) fulsome and irreverent expressions which you charge
him with useing before my Lord Grey, none of us remember any-
thing of, tho' many of us were then Members of that Assembly,
and we are apt to believe that if he had been guilty of such an
indecorum, he would not have continued for much in that good
Governor's favour to the last, as wee know he did. Now it is our
wonder how these sweet words have been so long thus carefully
preserved, for we suppose that T ds, f ts and A s
ha've no room in your Honour's diary. The rationall charitye
AMERICA AND WEST INDIES. 327
1703.
(for other we know not) which your Honour professes to have
used towards us in your construction of our words and actions,
wee cannot discover (nor do we think in the present case we much
want) but find that our meaning in both of them have been
misinterpreted by your commentarys and glosses thereon, to
some of which in ye following sheets we will point. We shall not
spend time in justifying ye propriety of ye title which you say
we give our last paper (vizt. Modest Vindication) because will not
differ with you about words only, but say, by vindication in
that place we mean nothing but what ye word commonly imports,
vizt. a clearing ourselves from ye imputation of ye misfeazeances
you charge us with. And that it is modest throughout, wee
are still persuaded notwithstanding your Honour's objection
against it, for when we are accused of dishonouring H.M., dis-
paraging her Government, and lessening her authority, to reply
that ye most malicious of our enemies could never charge us
justly with such black crimes, we think not immodest ; or
when you are asserting your owne, and ye Members of the Councill's
diligence and sedulitye, and condemning us of negligence, to
answer, wee question not now your diligence, because recrimina-
tion is not our businesse, surely this is not immodest also, for tho'
we charge you not with any faulty stepp, yet we presume you think
not yourselves inerrable, for the poet says, Aliquando bonus
dormitat Homerus, and thus we think of the other immodestyes,
which you charge us with. That we have given a false representa-
tion of our actions and proceedings on the ship Bill, in favour of
ourselves, and prejudice to you, we can't allow, nor have wee
said, that ye reasons that hindered the speedy passing it were
severall objections relating to the securitye of the gentlemen,
that were to advance that money : we doe and must constantly
declare that how unanimously soever you reckon our zeale in
that businesse, wee had none but what wee designed for the
publique good, and that however earnest or importunate our
instances were, wee had no other motive thereto or ground for
than that the Bill might pass to the satisfaction of the advancers,
who assured us then (and will now affirm itt) that they would
not make the loan if a tittle of the Bill were altered. We cannot
acknowledge that wee were then or at any time guiltye of any-
thing that lookt like threats ; for we only submissively enough
said, that if we wanted the money by the non-passing of the Bill,
wee should be forced to dismisse the vessels, and because no other
business then before us, would adjourne our house, and that the
consequent evills would be chargeable (not we could charge) to your
Honour. We disclaime and abhorr all malicious and seditious
designs to surprize, and must disown that there was any cajolery or
persuasion used either by the Speaker or any other, to those
moderate and prudent Members (a very usefull distinction at this
time) that you suppose highly disapprove of our proceedings, to
bring them over to espouse Mr. Speaker's errors ; but must averr
that it was past with a nemine contradicente, for all your supposed
high disapprovement. That your Honour was sending a profest
Papist with the Flag of Truce to Martinico, must again assert,
i COLONIAL PAPERS.
1703.
but don't say that your Honour knew as much when you first
designed to employ him in that affaire, nor were convinced thereof
until Col. Peers declared it ; but had it been a bare suspicion (or
as your Honour calls it, a slight suggestion) from this House
wee humbly conceive it had not disparaged that Honble. Board
to have made a change immediately for the gentleman that we
recommended ; that we averred that we had a right to recommend
in such cases, we must not owne, but that we have been consulted
in the like cases is notorious. That the Gentleman presented
afterwards refused to goe, was not because he was not accepted
upon our first motion, but for that you would have enjoyned him
to have taken the Papist for his Interpreter, which he thought
inconvenient and hazardous. Now it was at that time, when
your Honour called that which we addressed for, slight and triviall
(and not when wee prest the passing of the Bill for fitting out
shipps etc.,) that our Speaker declared that wee lookt upon our-
selves to be the Grand Council of this Island ; for the clearing
of our meaning by that expression, wee have offered some reasons
in our former paper, but because you have ridiculed some of
them as childish, we shall further say, (1) that our assertion was
not comparative, (2) if it had been, if the comparison had not
been secundum idem et eodem modo, it had proved nothing. Now,
suppose I should say to my friend, I am quicker and nimbler
than you, and he should say, I am nimbler than you, and should
offer a race or a leap to determine the dispute, untill I answered
nimbler with my pen and not with my heales ; now both these
propositions may be true at the same time, because not secundum
idem et eodem modo, which it was otherwise impossible to be.
But suppose it had been a comparative proposition, why must
the comparison relate onely to dignity rather than numbers or
bulk ; for wee know that a Governor of this Island told the Assem-
bly, that they had chosen a great man for theire Speaker, meaning
a large man. Wee were of opinion that the latter was the genuine
and obvious interpretation of the words, as they were placed, for
please to consider that wee said wee were chosen by all the free-
holders in every parish, soe that our tenure being from the people,
how came wee by the thought of our supereminent dignitye.
Wee humbly conceive you will not allow them the gift of honour
and dignitye, because they have none to give, so that if wee
supposed ourselves to have itt, that thought must be the issue
and bratt of a Phrenzie (that your Honour supposeth our rage
had run us into) which, as the Proverb sayes, has no faults morally
speaking, upon which score we had deserved rather your pity
than those keen animadversions. But if we were not then
actually madd, our folly was very eminent and egregious, for if
we believed ourselves superior in dignitye and jurisdiction, why
did wee come as Petitioners to your Honour, and returne
without a grant ? And why did our actions run counter to the
designs and aimes of our ambition ? Why did we acknowledge
in our former paper, that the constitution of our Government
was such, that it could not be mended, and yet at the same time
act so contrary to our true interest as to endeavour a change ?
AMERICA AND WEST INDIES. 329
1703.
But we say further, that as we are elected by the inhabitants,
soe believe we are of Councill for them, in relation to their
privileges and purses ; wee can give your Honour some quotations
(when you'l please to require them) in which the House of Com-
mons, seperate and abstract from the House of Lords, is called
the Great Council of England, and the bulwarke of English
libertyes. We can also offer you many to prove the propriety
of the verb admonish in the sense we have used itt, not onely hi
our vernacular language, but in other better polisht and of more
generall use. That we represent the whole body of the people
of this Island, wee are perswaded, and for that reason addrest your
Honour to prevent the evils that may befall them by sending a
Papist in such an employ to our enemyes. But to say you
represented yourselves, can't easily believe ourselves guiltye of
such a blunder in sense. You very well know (we are assured)
that a Peer of the Realm of England is denyed his vote in the
election of any Member to serve in Parliament, from whence it is
plainly evident that as the House of Commons is elected onely by,
so they represent all the Commons of England. If then you'l
allow our Government here by Governor, Council and Assembly
to hold any analogy with or resemblance of that in England by
King, Lords and Commons, wee conceive that wee shall not
appeare guiltye of soe much ambition and madnesse as you charge
us with. 'Tis true that upon a review of the vast expenses we
have made for fitting out a small navall force to assist H.M. ship
in securing our trade, our great losses and successlesse event,
we were inclined to believe that our misfortunes were in a great
measure due to the ill-conduct and mismanagement of the persons
commissioned, and for that reason have entered a resolve in our
Books to raise noe more money for such uses, unlesse the persons
that wee shall recommend for that trust be accepted. Our
former Governors have not thought our recommendation of
persons to the Chief Offices for Trust (vizt. Treasury and Magazeen)
in our Island, an imposition on them, or a diminution of the
regal authoritye ; nor have the Kings refused or excepted against
those Lawes that give us that Libertye, wherefore it is our wonder
how that resolve came to exasperate your Honour soe much against
this House.
When wee answer that wee owe no deference to the Members
of H.M. Council here, but what reason and Civill respect exact,
to inferr from thence that wee deny their politicall superioritye
and our subordination, and allow it only precarious, is we dare
say, an irregular conclusion, notwithstanding the opinion you have
of our abilityes hi Logicke to be as low as that of ours in Grammar ;
wee thought those words had been so free from ambiguitye and
equivocation, that they had need of noe explanation, and that
our meaning therein was plainly intelligible, but because wee now
see they are wrung and drawne to a distant signification, wee will
give your Honour a faithfull explanation of our meaning, vizt.,
wee look upon ourselves as a collective body and parte of the
Government independent on any except the Governors (which
we humbly conceive now to be the President) from whom we have
330
COLONIAL PAPERS.
1703.
our existence, by deference we meane an implicit comeing over,
or a yielding to their opinions or judgments in debates, without
the conviction of our reason, which deference we refuse to give,
because that from our constitution we enjoy a negative voyce or
libertye to dissent, and which libertye whoever denyes in disputes
between such bodyes would make his or theire owne opinions
the measure of truth, it might seem intends a quarrel rather than
a calm dispute. All other deference and regards which are
due to persons in your elevated posts, we'l constantly pay you as
true plain Englishmen without any dissimulation or much
ceremony. This we look upon to be preferrable to modish
hypocrisye, accompanied with cringes and grimace, and this we
conceive is all that is justly expectable from us, without you
would have us Country Putts or under Spurr Leathers. And
as we readily acknowledge our being from your Honour (Quatenus
President or Governor), soe wee as franckly confesse and will
as cheerfully obey your power of dissolving when ever you'l
please or think fitt to exert itt, nor will wee ever spurn against
H.M. authoritye, but always approve ourselves her dutifull and
loyal subjects, and never deserve those virulent epithets which
you have very liberally bestowed upon us through both your
papers. To have both the causes we have assigned of some of
our speedy adjournments burlesqued and we banterd, as if we
were supposed to be of opinion that we were under the fatall
necessity of the Stoicks to doe evill, we think not fair usage, and
because you can't find the force they should otherwise have upon
our adjournments for your satisfaction, we will offer you two
late instances wherein sicknesse and other avacations determined
those sessions. The first was in Major Estwick's, who being hi
the Council Chamber suddenly taken very ill, and we then but
a bare House, forced our speedy adjournment. The other was
in the case of Mr. Harper, who had appointed the next day (on
which we had resolved to continue sitting) to receive possession
of a very considerable estate that he had purchased, and soe
because we could not on that day attend the business of the
House, forced alsoe a speedy adjournment.
Whereas your Honour charged us (in the first paper and to
which we did not then particularly answer) with a refusall or
neglect to reassemble upon your Message to us, presently after
our adjournment entered, we say for our vindication that it was
our opinion that the Speaker could not justly then recall the
* House without your Honour's written command or summons.
That your Honour had matter of moment to imparte to us from
(we suppose St. James's not Whitehall) wee were wholly ignorant
of, particularly of the grant of the 4j per cent., of which you
have lett us yet know certainly but very little, and because wee
did not forthwith run away like hasty messengers with but half
our errands, you very obligingly concluded that we delayed our
thanks until we shall be convinced that our merciful Queen
deserves them.
We confesse we refused to consent to the delivery of our
country's brigandine (purchased with our money, a great parte
AMERICA AND WEST INDIES. 331
1703.
of which was advanced by the Members of this House, because
of the great scarcity of money, and restrained by a Law to the
service of this Island) to H.M. Captains without securitye to
return her or her value in a limited time, which we presume we
might justly do in behalfe of the people with whose money she
was bought, nor were we obliged to consider more their distaste
than our interest in that case, how ridiculous soever you may
think our carriage in that matter to be. That she now lyes
useless, we have these reasons to assigne, vizt., that we have
made a vast expence of money in her former cruices, and we
believe the rough mismanagement and ill conduct have not reaped
the least benefit or advantage thereby. The backwardness
that you accuse us of to provide for the safeguard of our coast,
and the small care that we take to pay our seamen and soldiers
noe disinterested person will thinke us guiltye of, when it shall
be considered that we have expended upon the first a great summe
of money, and have charged by poll and other taxes upon the
people since September last neer 20,000/. (besides the excise)
to pay the latter and beare the other charges of the Government,
and we have alsoe made excessive taxes of labour for repaireing
and rebuilding our fortifications ; all which no Assembly since
the first settlement of this Island have equalled. We must
declare and averr that your Honour noe sooner intimated to us
your suddaine expectation of our Governor's arrivall, than we
did consent to allow 100Z. to prepare a dinner to receive him on
shoare, which considering our present indigences was (we think)
no t.mall surnme. That it has been a custome here to receive any
Nobleman on shoare, and treat him at the countrye's charge,
we cannot allow, and now the great povertye of the people which
we represent will not bear such a charitable innovation. The
requirings and demands of the Commanders of H.M. soldiers
brought here in H.M. ships under the command of Commodore
Walker, were at first onely to provide for there lodging on the
shoare, so that they might receive the benefitt of our fresh aire,
to which we without any delay consented (tho' they were infected
with a contagious disease) and desired that they might be lodged
in the several forts of this island. But when they demanded free
quarters in our severall Plantations, wee did not soe readily
yeaild, not onely for feare of the infection, but chiefly for the
great scarcitye of victualls necessary to support our lives ; for its
sufficiently knowne to all ye English world that we had all
(through unheard of drought of the two last yeares) certainely
starved but for the vast importation of victualls from England,
Ireland and the Americane Colonyes. It's as certaine also that
we had not here at the time a fortnight's salt provisi 
