America and West Indies: November 1702, 11-15

Calendar of State Papers Colonial, America and West Indies: Volume 20, 1702. Originally published by His Majesty's Stationery Office, London, 1912.

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'America and West Indies: November 1702, 11-15', in Calendar of State Papers Colonial, America and West Indies: Volume 20, 1702, (London, 1912) pp. 715-729. British History Online https://www.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol20/pp715-729 [accessed 25 April 2024]

November 1702

Nov. 11.
Whitehall.
1141. Council of Trade and Plantations to the Queen. In obedience to your Majesty's commands signified to us by the Rt. Hon. Mr. Secretary Hedges upon the petition of William Penn that Col. Hamilton, appointed by him to be Deputy or Lieut.-Governor of Pennsylvania, may you're your Majesty's Royal Approbation for the executing of that trust for one year only, we humbly report that we have lately represented to your Majesty that, having been informed that the said Hamilton had been a favourer of illegal trade with Scotland and other parts, we did not think it for your Majesty's service that he should receive your Royal approbation as Lieutenant-Governor of that Province, but your Majesty having now signified to us your gracious inclination to gratify Mr. Penn in his present request, and considering the absolute necessity which he alledges for a temporary approbation of the said Hamilton, we humbly offer that security be given to your Majesty in 2,000l. sterl. at the least by the said William Penn or other persons for the said Hamilton's duly observing the Acts of Trade etc. as is usually done for the Proprietary Governments, provided always that your Majesty's favour herein be not construed or extended in any manner to diminish or set aside your Majesty's right and title to the Three Lower Counties upon Delaware River adjoyning to Pensylvania. And we further humbly take this occasion to pray your Majesty's Order to Mr. Penn, that he be obliged to return a speedy answer in writing to the four queries delivered to him by us in May last, the same very much importing the good of the Trade and settlement of those and the neighbouring parts. Signed, Robt. Cecill, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior. [C.O. 5, 1290. pp. 237–239.]
Nov. 11.
St. James'.
1142. Order of Queen in Council. Approving above Representation, and declaring H.M. allowance of Andrew Hamilton to be Deputy Governor of Pensilvania and Territories thereunto annexed for one year only, provided that the usual security be first given as proposed; and provided also that Wm. Penn do forthwith return to H.M. Commissioners for Trade and Plantations a direct answer in writing to the Four Queries referred to, and do further declare under his hand that H.M. said allowance shall not be construed as above. The Lords Commissioners of Trade are to take care that good and sufficient security be given to H.M. as aforesaid. Signed, John Povey. Endorsed, Recd. 12, Read Nov. 21, 1702. 2¾ pp. [C.O. 5, 1261. No. 158; and 5, 1290. pp. 239–243.]
Nov. 11.
Whitehall.
1143. Circular letter. Council of Trade and Plantations to the Lords Proprietors of Carolina. We inclose H.M. Proclamation directing a public thanksgiving throughout England for the great successes of H.M. arms by sea and land, and we do hereby signify to you H.M. pleasure that a Day of Publick Thanksgiving for those successes be likewise solemnized throughout all her Plantations in America. Your Lordships are therefore to give the necessary directions for Carolina. Signed, Ph. Meadows, Robt. Cecill, Wm. Blathwayt, John Pollexfen, Matt. Prior. [C.O. 5, 289. p. 110.]
Nov. 11.
Whitehall.
1144. Circular letter from the Council of Trade and Plantations to all the Governors in America. We send you here enclosed H.M. Proclamation etc. as in preceding. You are therefore to take care that a day be accordingly set apart for that purpose, as soon as conveniently may be, and that the same be observed throughout your Government with such solemnities as are suitable to so great an occasion. Signed, Robert Cecil, Philip Meadows, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. [C.O. 324, 8. pp. 188, 189.]
Nov. 11. 1145. Minutes of Council of Bermuda. H.E. acquainted Mr. Larkin that there were several affidavits taken against him [Nov. 5], and that he was sent for about the same, in order to hear them read, the witnesses being ready at the door to be cross-examined if he had a mind to it, but he declined. H.E. then demanded to see the cleerings which Mr. Larkin took out from the Custom House for the Shadow to Carolina, but he positively refused to produce the same, saying he would keep it for his justification in England. And whereas Mr. Larkin moved to this Board that he might take affidavits before two Justices, to confront the affidavits already taken against him, it was offered by this Board that this Board were ready to take what affidavits he was minded to take for his justification of himself. [C.O. 40, 2. pp. 51, 52.]
Nov. 12.
Annapolis.
1146. Minutes of Council of Maryland. Lord Nottingham's letter, May 7, with H.M. Declaration of War, read.
Letter of the Governor of Virginia, Oct. 5, read, desiring the President to send down the Eagle advice boat to Kiquotan to help the Southampton to careen. Ordered accordingly.
Capt. Bostock's letter, Nov. 5, read, expressing what streight he is in for want of victuals. Ordered, that upon his giving his bond to H.M. for repaying 100l., George Plater, Receiver of Puttuxent District, pay him 100l. sterl. for the supply of H.M.S. Eagle.
Letter of the Governor of Virginia, Nov. 4, as to the embargo he had laid on the shipping of that Colony, hoping the ships for England might have benefit of convoy under H.M.S. Southampton.
The General Assembly was prorogued till Feb. 1.
Major Josiah Wilson, Sheriff of Prince George's County, representing that 136 taxables were by mistake not brought into this year, ordered that he collect the levy per poll from them.
Thomas Howell, Minister of Choptanck and Dorset County parishes, complained that Anthony Lecount, Hezekiah Mackey, and Robert Stewart, Vestrymen of Choptanck, had letted him in the enjoyment of his rights and priviledges, turning him out of the Vestry and taking the Records of the Vestry away violently. Mr. Lecount, appearing, said that by the new Act of Establishing Religion, the Minister had been suspended from one of the parishes, and further, that his habitation was in Choptank parish. But being told that he mistook the Act of Assembly, as not being retrospecient, they promise for the future to take care exactly to comply with their duty. The Board finding the said Vestry had not wherewith to justify their irregular proceedings against their Minister, what they alledged being altogether ignorance in the Law, yet upon promise of endeavouring what in them lies to comply with their duties in their stations, were remitted. But considering what great charge etc. they had put Mr. Howell to in coming several times over the Bay for his reasonable redress, ordered that the three Defendants pay him 1,800lb. of tobacco.
Representation of Gabriel D'Emilliane, Minister of Nangemy and Port Tobacco parishes in Charles County, that the aforesaid parishes were not able to give him competent subsistence, and that he and his family were in debt and starving, and himself too advanced in years and sickly to undertake the planting trade, and having received since his coming into this Province none of those helps promised in England to Ministers residing in small parishes, nor the advantage of two blacks granted to his glebe, which he was to have at his first coming into Nangemy parish, the bill which he had drawn upon the Rev. Dr. Bray for the purchasing the same being returned protested, and his parishioners of Nangemy having not complied with the building of an house, which they were, according to agreement, to have built for him at his first coming to the parish, supplicates that he may be translated to Christ Church parish in Calvert County, now vancant, where he is unanimously desired by all the Vestry and Parishioners. He knows that some are of opinion that he can do some considerable good amongst the Papists at Nangemy, having been formerly a Romanist himself, but he doth to his grief experience the contrary, for the priests of those places have so deeply put into their heads that they ought by no means under pain of mortal sin to enter into conference with an apostate, that he perceiveth they fly all from him. The Board being very sensible of Mr. D'Emilliane's good qualifications, and that the parishioners are very desirous to have him, ordered that a presentation to the parish of Christ Church be drawn for him.
The Hon. Col. John Hammond, Judge of the Vice Admiralty, took the oaths and subscribed the Test.
Ordered that the Naval Officers do not clear any ships until the 23rd inst., and that notice thereof be sent to the Governor of Virginia, that he may have the opportunity of sending by them his letters for England.
Nicholas Sporne's petition for the remittance of a fine under 10l. sterl., upon a quitam brought by Matthew Mochboy, granted, the account being spiteful and vexatious.
Nov. 13. Joseph Holt, Minister of William and Mary parish, in St. Mary's County, attended as ordered. But forasmuch as there was no accusation transmitted against him hither by the Justices of the said County, nor the Vestry of the Parish, tho' directed so to do, the Board could not proceed farther against him, but acquaint him that they are informed there is a bastard child laid to him by a woman that pretended to be his kinswoman, and further that he associated with another woman of ill-fame to the dishonour of the Church and his profession, besides the advantage that will be taken by the enemies thereto, with the dissatisfaction and trouble given his parishioners by such ill actions. He answered that it was out of spite and malice that that impudent woman had charged him with the fact, and that she had uttered many threatening speeches against him and falsely accused him, which he did not question but in some time to make appear, and promised that for the future he would be more circumspect and avoid all just occasions of giving offence. Upon which the Board ordered him to return and execute his ministerial function, expecting the parishioners should cultivate all the good offices of mutual friendship, and that he should in three or four months transmit to this Board a Remonstrance or Testimonial signed by the Vestry and some others of the chief of his Parishioners confirming what he proposes.
Petition of William Nicholls', praying for a speedy trial of the Sherburne, read. Edward Randolph, H.M. Surveyor General, being present, says he had no ways delayed the said tryall for that he had twice taken his passage hither from Virginia, and was once drove on ground and another time out of the Capes, and had been forced to travel 200 miles before he got hither, but now is desirous that the President should appoint a time for the trial, but in case he cannot then be ready, by reason that his witnesses are absent, and the uncertainty of the wind and weather, his evidences being over the Bay, he hopes he shall not be surprised, but as for his part, he promises he will do what in him lies to come then to trial, nay sooner, if possible, the other partys consenting, that it may appear there is no delay on his part. [C.O. 5, 745. pp. 8–13.]
Nov. 12.
Cambridge.
1147. Minutes of Council of the Massachusetts Bay. H.E. adjourned the General Council till Nov. 19. [C.O. 5, 789. pp. 467, 468.]
Nov. 12. 1148. Journal of House of Representatives of New York. Message from H.E. that he is directed by his Instructions to recommend to them the passing a Law for settling the value of Estates in goods or lands, under which they shall not be capable of serving as Jurors. Ordered, that Bill be brought in accordingly.
Memorial of Col. Heathcote read and ordered to lie on the table.
Petition of the inhabitants of New Rockel, in the County of West-Chester, read and ordered to lie on the table.
Nov. 13. Quotas for the 2,000l. agreed upon. [cf. Nov. 2.]
Bill declaring the illegality of the imprisonment, pretended tryal and condemnation of Col. Nicholas Bayard and Alderman John Hutchins, and for the prevention of the like proceedings for the future, was read the first time.
Nov. 14. The above Bill was read a second time and committed.
Memorial of William Sharpas, Post-Master of New York, read, setting forth that an Act for encouraging a Post Office, with sundry other Acts since made for continuing the same, were all expired by their own limitation, and praying that a Bill be brought in for continuing the same for such term of years as the House shall think fit. Ordered that a Bill be brought in accordingly.
Bill, to enable the Mayor, Aldermen and Commonalty of the City of New York to raise 50l. per annum for seven years towards maintaining a School Master in the said City, read a first time.
Address sent up to H.E. that the House be adjourned to the City of New York.
Upon consideration of a Message from the Council, the House resolved, that when H.E. shall be pleased to lay before this House any extraordinary expense he hath been or shall be at, relating to the Government, this House will take the same into due consideration. This resolve was sent up.
Message from H.E. that he had ordered a Proclamation to issue for adjourning the Assembly from Jamaica to the City of New York, on Monday next, and they are adjourned accordingly. Printed. [C.O. 5, 1185. pp. 12–14.]
Nov. 13.
Whitehall.
1149. William Popple to the President and Council of Barbados. The Council of Trade and Plantations desire your care in forwarding enclosed packets by the first conveyance, to the Lt. Gov. of Bermuda, Governor of Massachusetts Bay, Governor of New York, Governor of Virginia and President and Council of Maryland. They have received your letters of Jan. 6 and 14, Feb. 19, and May 19, the subject of all which they have under consideration, and several directions have been given thereupon concerning which Sir Bevill Granville, who will shortly be ready to sail for Barbados, is fully instructed. [C.O. 29, 8. pp. 261, 262.]
Nov. 13.
Whitehall.
1150. William Popple to Lt. Gov. Bennet. Refers to letters from the Council of Trade and Plantations. Duplicates of which having been sent by different conveyances, tho' that of the 19th March was not come to your hands when you last writ, yet they cannot apprehend that any of them are totally miscarryed. Your letters to Sept. 5, have all been laid before them. They have also received a letter from Mr. Larkin, Aug. 19, in pursuance of the directions they gave him at his departure to inform them of whatever he might think proper for their knowledge in all the several Governments of America through which he was to pass. They send you a copy with their notes upon it, that you may the more easily return distinct answers upon each head, and they expect the same. Upon a clause in your letter of April 28, they conceive the Members of H.M. Council in that Island ought to be Justices of the Peace, whereby they may be duly qualified to administer an oath; and as for any decrees in Chancery which you may esteem not so regular as they ought to have been, they think it may be of ill consequence to repeal them, and advise you to be very cautious therein. Annexed,
1150. i. Notes [by the Council of Trade and Plantations] upon Mr. Larkin's letter of Aug. 19, enclosed in above letter to Captain Bennett. (i.) You ought to have sent us copies of the Commissions you have granted, that it might be considered whether they are conformable to powers given you by your Commission and Instructions. (ii.) The orders about a distinguishing Jack were sent you Aug. 14, 1701, which you acknowledged Jan. 31. Those orders therefore ought to have been observed. (iii.) As to this Act, we observe by your letter, Aug. 28, that from the very first passing it, your sense of the design and consequences thereof was the same as what is now hinted to us by Mr. Larkin, and therefore, as we do also concur with you therein, we have represented the same to H.M., and offered our opinion that it be disallowed. (iv.) You should not encourage or admit Appeals against your predecessor for what done during his Government virtute officii, for which he is to be accountable to H.M. and lyable to be prosecuted in England, according to a late Act of Parliament. No Governor is divested of his character till he have waited on the Queen and given an account of his administration. (v.) In your letter to us of Jan. 12 last you tell us that there are about 600 slaves in the Islands, which upon a necessity you intend to arm with lances, but you do not give us any particular account of your disciplining and training of them. We desire therefore to be informed therein, and whether this has been formerly practised in the Bermuda Islands, and whether it be safe for those Islands. (vi.) What you writ upon this head, June 9, 1701, we referred to the Commissioners of Customs, and sent their answer Aug. 20, which you acknowledged Jan. 31. The same ought therefore to be observed. (vii.) The practice of taking out cockets, as here expressed, is very criminal if true. We therefore desire an account of it from you, and that you do take care as much as in you lies to hinder it. (viii.) Courts should be held at least four times a year. You ought to take all possible care for the speedy executing of Justice, and to hold Courts as frequently as may be necessary. (ix.) This seems irregular, if it be altogether new, it ought not to be done, but the custom and usage of the Island ought to be followed. (x.) We desire your opinion upon this proposal, and that in the meanwhile you take due care that H.M. be not defrauded in the collection of this duty. (xi.) There ought to be no juries in the Admiralty Court. [C.O. 38, 5. pp. 323–327.]
Nov. 13.
Whitehall.
1151. William Popple to Isaac Addington. Acknowledging receipt of letters. [C.O. 5, 910. p. 295.]
Nov. 13.
Whitehall.
1152. William Popple to Governor Dudley. Acknowledging letters received. The Council of Trade and Plantations are preparing a report to H.M. upon the matters relating to the Provinces under your Government etc. [C.O. 5, 910. p. 294.]
Nov. 13.
Whitehall.
1153. William Popple to Governor Codrington. The Council of Trade and Plantations have received yours of July 6, relating to the taking of St. Christopher's, in which they congratulate your success and will write to you themselves as any occasion of further moment offers. I take the liberty also to assure you that I do and shall always heartily rejoice at whatever contributes to your honour and happyness. [C.O. 153, 8. p. 126.]
[Nov. 13.] 1154. Commodore Leake to the Council of Trade and Plantations. I am arrived here from Newfoundland, and herewith send answers to the heads of enquiry, with an account of the state of Fort William at St. John's, as to provisions and the payment of the soldiers, whom I found very much dissatisfied, not for any ill-treatment from their officers, but for being kept in that country soe long, and no hopes, as they believe, of their returning, and think it a hardship where everything is extravigant deer, to be oblidg'd to work upon the fortifications for only 6d. a day for it, and no care taken to send over their cloathing, which is much wanted, for there was only shirts and shooes sent over this year. Seven of them deserted with their arms, the night before I sailed from thence, but weather to Placentia or some other designe was not known. I have brought home prisoner, one David Cullin, a private sentinel, to be tried for mutiny. Capt. Powell, the late Governor and Lieut. Samuel Francis are his accusers. The latter I gave leave for six months, to come to England for the recovery of his health, and have posted Mr. Robert Latham in his room, till H.M. pleasure be known. I could make no progress about fixing the chaine for the security of St. John's Harbour, for there was no boomes to float it, nor doeth the country afford any, as the Governour inform'd me, so that all I could propose was by ordering a deck to be built upon a large pountoon, and one of the Exeter's cables to be put in her, with a sufficient purchas to haule it thwart the Harbour, with the mast and yards of a French prize to float it, which will be a very good security till the Chaine is fixt, if there be any trust to be reposed in the inhabitants, for by the charrector which was given me of them, they will sooner run into the woods to secure what they have, upon the approach of an enemy, then stay to defend it, and it's impossible the soldiers can defend the harbour and fort at one time. Signed, J. Leake. Endorsed, Recd. Nov. 13, 1702. 2 pp. Enclosed,
1154. i. Capt. John Leake's Answers to Heads of Enquiry relating to the trade and fishery of Newfoundland. [See Cal. A. & W. I. 1700. No. 198. i.] As to rhinding of trees, which is constantly done, and is very prejudicial, inasmuch as it is the hopeful growing and straightest trees furnish the best rhind; the inhabitants might better provide themselves for any use either for their owne perticular habitations, or any conveniency upon account of the fishery, if their industry would carry them far enough into the woods to employ their spare time of cutting board, which would be dureable, and, if assiduous, might in a great respect provide for the ships against their coming in, which would be a means to lessen their debts by trucking with them, for though the general pretence of ships pushing soe soon is for the first births, yet one year with another it is not less then two or three weeks that they are employed in fitting their rooms before they begin their fishing. The inhabitants have been oblidged to relinquish their pretention to several fishing rooms belonging to the ships in 1685 according to the Act of Parliament, but upon departure of ships, and before their arrival, have not failed upon any oppertunity to encroach upon the same.
By-boat keepers have been brought over by ships under pretence of merchant freighters, and accordingly have been put into possession into ships' roome, and other ships oblidged to hire roome of the inhabitants, which was thought to be contrary to the Act, and by which it appears that the inhabitants are possesst of more room then generally they use, to the prejudice of the merchant-adventurers. The manning of the Fishing-boats according to the Act has been constantly enquired into by the Commanders of the Squadrons, but it must be a great deal of time (more then I had) to make such enquiries effectual, being dispers'd in so many harbours and coves. Upon complaint of such who do expunge, cut out, deface or alter the marks of any boats or train-fatts of any other persons, and convert them to their own use etc. are readily redrest. That paragraph of the Act for preserving of stages etc. seems to have been mistaken, in that the ships have left all such standing and thereby given oppertunity for the same to be burnt and destroyed by the idle inhabitants and others, the which might be esilier preserved, in the opinion of some, if such long layers, short layers etc. were housed upon the same room, as also if instead of rhine and sodds, the several stages might be floored and covered with boards, the nails being but half drove, the same might be taken off and housed in the said roome, which boards so bought to supply the place of rhinds, might be made good by the next comer, and if not thus approved of, may be secured for the use of him that bought them, but the other way may be easily methodiz'd by being hous'd on the same room and made good by the next possessor, for part or whole, but so they be housed, by whomsoever it be, it will be a means to the saving of timber and putting the ships sooner to fishing. The fishing ships have too often engrossed more beech and flakes then have been necessary for their own use, with design of interest to themselves and prejudice to others, which might be the easier prevented if either penalty or fine were provided. For want of such provisions, by penalty of fine, the several Admirals of the Harbour are very negligent in deciding and giving determination, upon complaint and application made to them, which when prov'd should at least loose the boats roome given by the authority of the Act. The Admirals are often defective in not taking notice of several complaints made to them, some of which may be too litigious to attend, and prejudicial to their own affairs, and when determination given, the inhabitants and others making slight of their power, no penalty being authorized, which has been too often the effect of the Commander-in-Chief's determination on the same account. And as it is late ere the convoys arrived this year, so the market price was not settled till then, and arrogantly obstructed by the inhabitants, who was so far from complaining [sic] to pay their contracted debts at Bill price, which did not exceed 16 ryalls of quintill, insisted upon it as a hardship to put of their fish at less than 24 ryalls for payment of such debts, although former customs except last year regulate the price of fish as it was broke by Bill.
The throwing of ballast overboard to the prejudice of the Harbour has been lately more carefully observed then formerly, and penaltys and fines (though small) will deter those that act and encourage the Informer. The Commanders in Chief of the men of war have been very strict and exemplary in suppressing the irregularities of Publick Houses, notwithstanding their insolence, for 'tis too notorious that, perticular in St. John's, there is not a house that does not sell drink, and though the said Commanders in Chief have allotted the same to a certain number.
The Admirals of the Harbour are not determined whether ships from Ireland, Scotland, New England, or any part of the West Indies, not clearing according to order and custom from England, are capable of fishing here, which several have formerly and yet do to the dissatisfaction of yearly Adventurers.
The English fishermen are not inferior in the least to the French in the husbandry and curing of fish, but as the French have the advantage of their own salt, at much cheaper rate, so as 'tis weaker then the Lisborn and Spanish salt used by us, soe they use the more, and then fish weighs the heavier, and it's being weak does not easily burn it.
The sustenance received from the country is not worth mentioning more then the product of common kitchen gardens, nor is their furring considerable anywhere, as at Bonavist. New England trades with this country under the notion of making their money starling, to remit their debts to England that way, and this they do with great advantage upon the yearly Adventurers from Old England, though their provisions are not so good, yet as they are cheaper, the inhabitants will rather deal with them. The Commodities brought in here from Newfoundland are bread, pease, flower, pork, little beef, onions, apples, pine boards and shingle, sheep, rum, malasses, shuger and tobacco, these four in great quantities, and as these people are very prone to drink, it causes unspeakable debaucherys, attended with thefts and idleness, and makes them ill servants and enslav'd by being kept always in debt. In the last war and during Peace, the ships that came from the several parts of Europe brought wines and brandy, salt, oyle, linnins, bacon, cork; and what not taken of by the country, the New England traders are ready to truck for, which has been very notorious, ever since the Act came into force. I don't find any English ships has been lately talken of for carrying hence any counterband goods, brought by New England people. I can't see how the Inhabitants can be put on a footing to fish with neer the advantage of the ships or by-boats, not. only as they are entirely supplied at least by the 2nd hand (viz. the shipps) with provisions, crafts, salt, cloathing etc. imprimis because that the fishing seasons, which is this country harvest, does last but little above four months, and the rest of the year does not pay for their provisions; 2ndly, that so much idle time debauch their servants, who drink out their next year's wages, and seldom fail to work accordingly; 3rdly, the inhabitants are run mightily into building of suttling houses, gardens and meadows for their cows, adding storehouses to their rooms to receive the remainder of this country cargoe, and as few or any can themselves occupy all the fishing room they have taken possession, the which they let out to boatkeepers or latter ships, who thereby become their tenants. By what is said 'tis presumed that the intent of the Act means no other encouragement then for the promoting the fishery, and the reasons here alledged diverts them from the true prosecution of the same, who do not themselves attend the fishery in respect to the diligence of the by-boatkeepers, added to the ill-management of their servants debauch't as aforementioned, seems impossible that they can afford their fish at the same rate; the by-boatkeeper employing himself wholly on the fishing account and generally in partnership, there's seldom or never any diligence wanting, either in catching or curing it, and if they are oblidged to stay the winter, and they can fish no longer, they beforehand provide themselves with sufficient timber etc. of kinds, to be the very first boats that begin the fishery, and 'tis too remarkable in the inhabitants that the fishing ships from England begin before them.
The fishing ships and by-boatkeepers they bring over, having the advantage and choice of good men, which they accordingly encourage by good wages and shares of the fish, which engages their industry for their own interest, they feed them with plenty of good bread, and as they are industrious give them more or less salt flesh, which they mix with their fresh fish, which is their daily food.
No considerable quantity of train oyle (hardly any) is carried to any other part then England, merchantable fish is carried to market by the ships, some by the New England vessels, but it is generally refuse that they load for the West Indies. Some sack ships with discretional orders, if they can't provide themselves with merchantable fish, or don't find the market for their turn, truck provisions for refuse fish, and put for the West Indies with the rest. 'Tis too often that Masters of ships, homeward as well as outward bound, do discharge many of their men to save their passage, which with many that the inhabitants do discharge at the same rate are either carried by the New England people in great numbers, besides many others that are considerably in debt escape by that means to the prejudice of their creditors, who often leave them small stocks to subsist on. The two last years several hundreds were carryed off, even by such as had faithfully promised the contrary to the Commander in Chief. By the whole actions of the New England Traders there, a perticular cheque is required over them during the absence of the men of war, and thereby exact account of their proceedings may be given, the best expedient that's to be found at present is oblidging them by bond (which I have don) to be answerable hereafter, if any informations against them, and if for the future 'tis thought convenient that if they continue their trade in this country, measures something like this must be provided, impowering the Admiral of every harbour to search their cargoes, and how to behave themselves therein, as well as to bring them under terms for their good behaviour, all which to be timely returned that the Commander in Chief for the time being may take cognizance thereof.
The Merchant Adventurers from England complain of their liberty of trading here, as a discouragement to them, or any others, that supply this country, being oblidged themselves to comply with the perticulars of the Act, to make themselves lawful fishers, that they should themselves supply the country with what is of English growth, and for malassus, which is the only wholesome brewing for this country, or for any other commodity, lawfully supply'd from other parts, might also be brought upon English bottoms. New England is in such want of people that they don't seem desirous to attempt any fishery here, contenting themselves in what they can forestall this market as the distance is nearer and that they can afford it cheaper by the difference of exchange.
I could make no particular enquiry either into the furring or fishing of the French at Placentia and those parts; their fishing ships get sooner to them, and so part, but this year our ships of war being so late on the coast prevents them; by report their fishery is very considerable to the Northward, and their greatest ships frequent it; that they have no inhabitants to trade with, and consequently are wholly employed on the fishery. What regulations are made relating for the encouragement of the inhabitants at or near Placentia, the directions of the whole are in the French King's Lieut., and the Beech distributed by measure by the Admiral of the Harbour, according to the boats kept by the ships and inhabitants. Signed, J. Leake. Endorsed, Recd. from the Commodore, Read Nov. 13, 1702. 10 pp.
1154. ii. Abstract of Commodore Leake's Account of the Fishery of Newfoundland, 1702. 1 large p. Same endorsement.
1154. iii. Abstract of above. Fishing ships, 16. Sack ships, 25. Burden of fishing ships, 1330 tons. Number of men belonging to the said ships, 411. Fishing ships'-boats, 35. By-boats, 9. Inhabitants' Boats, 371. By-boatmen, Masters 11, Servants 81. Quantity of fish made by fishing ships 8,100, by inhabitants and by-boats 74,040=82,140cwt. Quantity of fish carried to market, 56,590cwt. Quantity of Train made by fishing ships 175, by inhabitants and by-boats 1,290=1,465hhds. Number of stages, 266. Number of inhabitants, men 259, women 208, children 441, servants 1,494=2,402. 1 p.
1154. iv. Commodore Leake to [? the Council of Trade and Plantations]. I have made enquiry into the complaint transmitted against Mr. Thurston, Agent, for transacting for the Foot Company in Newfoundland, and find by the answers made by Mr. Thurston to the past account sent by Capt. Graydon something so intricate to what any officer here can give any light into, that I cannot send you a more perfect account then what was received last year, when the officers that had transacted that affair was upon the spot, nor did I find upon my asking the question at the head of the Company any claim or demand here for arrears of subsistence, but what had been satisfied before my arrival out of the money overplus of subsistence, left in Lieut. Loyds hands last year, as doth appear by the annext acct., and as to the provisions, it was complied with according to the account stated, by which Capt. Powell appears to have victualled the Company much longer then the time the provisions was to last, and the men fully satisfied in what relates to that affair, and for the provisions sent over this year, I have likewise sent you the account of remains by survey, Sept. 18, 1702. Signed, J. Leake. 1 p. Annexed,
1154. v. Accounts of provisions and subsistence of the Company of Foot at Newfoundland, Sept. 1, 1701—Sept. 30, 1702. Same endorsement. 7 pp.
1154. vi. Copy of Muster-roll of the Company of Foot at Newfoundland, Sept. 1, 1701—Sept. 1, 1702. 91 officers and men. Signed, (Capt.) M. Richards, S. Francis, Tho. Lloyd (Lieuts.). Same endorsement. 1 p. [C.O. 194, 2. Nos. 82.i.–vi.; and (without enclosures iv.–vi.) 195, 3. pp. 109–123.]
Nov. 13.
Whitehall.
1155. William Popple to Lt. Governor Beckford. Acknowledges letters. The Lords Commissioners of Trade and Plantations are very well pleased with all your advices, and if the Governor in Chief intended for that Island do not shortly sail they will not fail to give you such answers and directions as they shall find necessary. [C.O. 138, 10. p. 368.]
Nov. 13.
Whitehall.
1156. Journal of Council of Trade and Plantations. Ordered that the Secretary write to the Post Master General about the postage of the Circular letters to the Plantations etc.
Mr. Larkin's letter Aug. 19 considered. Copy ordered to be sent to Governor Bennet, with notes for his answer.
Ordered that the Secretary do by letters from himself to the respective Governors acknowledge the receipt of all Letters that remain unanswered till the Board may more fully answer to such letters, and that he continue the like practice hereafter as occasions require.
Letter and enclosures from Capt. Leake laid before the Board. [C.O. 391, 15. pp. 270–273; and 391, 96. No. 181.]
Nov. 14.
St. James's.
1157. Order of Queen in Council, upon Representation of Nov. 11, repealing an Act of Bermuda to prevent oppression etc. Signed, William Blathwayt. Endorsed, Recd. Read Nov. 24, 1702. 1¾ pp. [C.O. 37, 4. No. 16; and 38, 5. pp. 327, 328.]
Nov. 14.
Whitehall.
1158. Wm. Popple to Sir Robert Cotton and Sir Tho. Frankland, Post-Master General. The enclosed packets from the Council of Trade and Plantations having been sent to the Post Office on Tuesday last, in order to the sending them forwards by Mr. Dummer's Advice-boat from Portsmouth, according to the advertisement in the Gazette of the 9th inst., but the Officer then attending having refused to receive them without payment of postage, amounting as he said to about 30s. or thereabouts, their Lordships have commanded me to return the said packets to you, acquainting you that there being no money in my hands for defraying the incidental charges of this office, they desire you would please to direct an account to be kept of these, as has been hitherto done of other letters they have received, that the same may be laid before the Lord High Treasurer, for the reimbursement thereof, as has been done formerly; and that you would at present take care that these packets (which are of much importance to H.M. service) be despatched without fail by the said Advice-boat. [C.O. 324, 8. pp. 189, 190.]
Nov. 14.
London.
1159. Sir Bartholomew Gracedieu to William Popple. Yesterday I had advice from Jamaica that Sir Thomas Muddiford died Aug. 1st. Recommends Capt. Thomas Hudson, of Jamaica, merchant, for the vacancy in Council. He is a Gentleman that hath lived in Jamaica about 30 years, well acquainted with the affairs of the Island, a gentleman of a good estate, a great trader and very loyal to H.M. Signed, Bartho. Gracedieu. Endorsed, Recd. Nov. 16, 1702. ¾ p. [C.O. 137, 5. No. 86.]
Nov. 14.
Cambridge.
1160. Minutes of Council of the Massachusetts Bay. 284l. 9s. 10d. paid to Capt. Elisha Hutchinson for the wages of the officers and soldiers of the garrison of H.M. Castle, Jan. 18,—July 6, 1701.
Ordered that the Lieut. Governor, Captain of H.M. Castle, have the subsisting of the Garrison at the Castle upon the same terms as is now agreed for with the Lieutenant of the Castle, and that provision be forthwith made for dressing of the victuals for the garrison, that it may be dealt out to them in proper messes, and that they have variety of provision. This order to commence on Jan. 1st next.
H.E. declared that, according to the direction of the Charter for the Probate of Wills etc. he should proceed to the execution thereof in the County of Suffolk, and that he is ready to attend that service, and asked the advice of the Council thereupon. [C.O. 5, 789. p. 468.]