America and West Indies: January 1703, 11-15

Pages 109-127

Calendar of State Papers Colonial, America and West Indies: Volume 21, 1702-1703. Originally published by His Majesty's Stationery Office, London, 1913.

This free content was digitised by double rekeying and sponsored by the Arts and Humanities Research Council. All rights reserved.


January 1703, 11-15

Jan. 11.] 155. 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 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, Recd. 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 Newfoundland 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' plantations 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 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 66other 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, Recd. Jan. 16, Read Feb. 11, 1702/3. 1¼ pp. Torn. [C.O. 194, 2. Nos.91, 91.i.; and 195, 3. pp. 150–154.]
Jan. 11.
Admiralty Office.
157. J.Burchett to William Popple. H.R.H. having it in his thoughts to call from New England, New York and Virginia the ships of war that doe 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 in 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, Recd. Read Jan. 12, 1702(3).1 p. [C.O. 323, 3. No. 143; and 324, 8. pp. 191, 192.]
Jan. 11.
158. Council of Trade and Plantations to the Earl of Notingham. 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, 1702/3. 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 outwardbound 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.]
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 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 inst. 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 preparing 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. Cary 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.
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 Commissions, 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 undertakers for raising Naval Stores in New England. Mr Attorney General informed their Lordships that he conceived the Depositions 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 Government 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 wherewith 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 may be fit both in relation to himself, and to the general affairs of that Province.
Letter from Mr. Addington, Oct. 10, read, and the papers therewith transmitted laid before the Board. [C.O. 391, 15. pp. 354–364; and391, 97. pp. 21–32.]
Jan. 11.
St. Jago de la Vega.
161. Minutes of Council of Jamaica. The Governor acquainted the Board that the principal occasion of calling them together 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. Whereupon 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. 162. Joseph Gaylard and Peter Dueroz to the Earl of Nottingham. 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 affair. Signed, Joseph Gaylard, Peter Dueroz. Addressed. 1p. [C.O. 137, 45. No. 38.]
Jan. 12.
163. William Popple to William Penn. The Council of Trade 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.]
Tom on board ye Boyn in Barbadoes Road.
164. Commodore Hovenden Walker to [? the Earl of Nottingham]. Bad weather having hindered my touching at the Maderas, I was oblidged to bear up for the Cape de Verde Islands, where 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, 1702/3. 3pp. [C.O. 28, 38. No. 7.]
[Jan. 12.] 165. 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[not] 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 Corp[oration] 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 20,000l. within the first three years, and giving the pre-emption to the Crown of the Stores we 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 20,000l., and yet require us to import yearly as many stores as will amount to above 30,000l. 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 amendments 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, Recd. 12, Read Jan. 20, 1702(3). 4 pp. Edges torn. [C.O. 5, 862. No. 144; and 5, 910. pp. 334–339.]
Jan. 12. 166. 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.]
Jan. 12. 167. 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.]
Jan. 12.
168. Minutes of Council in Assembly of New Hampshire. 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 review 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.
London, 13th, 11th month called Jan.]
169. Theodor Eccleston and J. Wyeth to William Popple. Since our last attending the Lords Commissioners, we have a letter 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, Recd. Read Jan. 14, 1702/3. Addressed. 1p. [C.O. 5, 715. No. 69; and 5, 726. p. 169.]
Jan. 13.
Admiralty Office.
170. Lords Commissioners of the Admiralty to H.R.H. Prince George, Lord High Admiral. Upon consideration of what was 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, 7. Under date.]
Jan. 13.
171. William Popple to Josiah Burchet. In answer to yours of 11th inst., the Council of Trade and Plantations have considered what H.R.H. has been pleased to propose concerning the guardships 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 Governments 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. 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 Cal. 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 administration of the Government and the first Counsellor to preside. Signed, Feb. 12, 1702/3. [C.O. 5, 726. pp. 151–168.]
Jan. 13.
St. Jago de la Vega.
173. Minutes of Council in Assembly of Jamaica. Returns of Assembly-men:—
St. Thomas in the Vale Capt. Robt. Nedham.
William Nedham.
Vere Andrew Langley.
Valentine Mumbee.
St. Dorothy's Matthew Crew.
Dr. Bonner.
Clarendon Charles Long.
John Peek.
St. John's Francis Bragg.
John Ayscough.
Kingston Edmund Edlyne.
Thomas Barrow.
Aldworth Elbridge.
Port Royale Thomas Hudson.
Thomas Sutton.
Robert Meakins.
St. Ann's William Axtell.
Thomas Brayne.
St. Thomas to Windward John Blaire.
Thomas Freeman.
St. David's Major Edward Turner.
Major John Clarke.
St. Mary's Capt. Mathew Gregory.
Andrew Orgill.
St. James' Capt. Richard Bamncks.
George Bennett.
St. Catherine's Henry Brabant.
Thomas Cox.
Capt. John Ellis.
St. Andrew's Col. Thomas Clarke.
James Archbould.
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. 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 meansrought 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.
Jan. 14. 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. [C.O. 140, 6. pp. 415–421.]
Jan. 13. 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 he had put H.E.'s new Commission into the 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 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. [C.O. 5, 1409. pp. 273–275; and 5, 1412. pp. 28–30.]
St. James's
175. Order of Queen in Council. Approving above draught of a Commission for Governor Seymour, and ordering a warrant to be prepared for H.M. signature accordingly.Signed, John Povey. Endorsed, Recd. 20th, Read March 23, 1702/3. 1 p. [C.O. 5, 715. No. 70; and 5, 726. p. 254.]
Jan. 14.
Office of
176. Board of Ordnance to the Council of Trade and Plantations. The arms and ammunition directed to be sent to 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, Recd. Read Jan. 19, 1702(3). Addressed. 1 p. [C.O. 5, 1313. No. 13; and 5, 1360. p. 361.]
[4th, 11m. (Jan. 1702).
177. William Penn to William Popple. Esteemed Friend, I cannot yet answer the last letter I had by order of the Lords Commissioners for Trade etc., because I have not been yet able to 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. has prolonged it, wch. is what now offers from Thy assured friend. Signed, Wm. Penn. Endorsed, Recd. Read Jan. 14, 1702/3. Holograph. Sealed Addressed, For Wm. Popple, Esq., at the Plantation Office at Whitehall. ¾ p. [C.O. 5, 1262. No. 17.]
Jan. 14.
178. Council of Trade and Plantations to the Earl of 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.
St. James's.
179. Order of Queen in Council. Approving draught of 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, Recd. Read Jan. 25, 1702/3p.[C.O. 5, 1084. No. 13; and 5, 1119. p. 348.]
Jan. 14.
St. James's.
180. Duplicate of preceding Order of Queen in Council. Endorsed, Recd. 20th, Read March 23, 1702/3. ¾p.[C.O. 5, 1084. No. 14; and 5, 1119. pp.431, 432.]
Jan. 14.
St. James's.
181. Order of Queen in Council. Appointing, upon the petition of 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 Commissioners of Trade and Plantations they shall think necessary for them respectively at the said hearing. Signed, John Povey. Endorsed, Recd. Read Jan.14, 1702/3. ¾p. 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. 1¼ 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, Recd. 16th Nov., Read Dec. 10, 1702. [sic]. ½ p. [C.O. 137, 5. No. 93.]
Jan. 14.
183. Journal of Council of Trade and Plantations. Letter 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 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 transmitting 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 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 yesterday 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.
St. Jago de la Vega.
184. Minutes of Council of Jamaica. Ordered that the Receiver General buy up two pipes of Madera, two hogsheads of ale, glasses, pipes, 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 Gomers, 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 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, 1702/3.
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. 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. Conference 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. Wm. Attwood and Thomas Weaver to the Council of Trade and Plantations. Praying for copies of Addresses, Depositions, Minutes of Council and Reports relating to their case, extending back to Lord Bellomont's time. Signed, Wm. Atwood, T. Weaver. Addressed. 2½ pp. [C.O. 5, 1084. No. 13.]
Jan. 15.
188. Council of Trade and Plantations to the Earl of 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 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 Governments 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.
189. Minutes of Council in Assembly of New Hampshire. 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. 190. 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 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 Newfoundland, 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; and5, 1412. pp. 30–32.]