America and West Indies: February 1703, 21-28

Pages 206-227

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

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February 1703, 21-28

[Feb. 21.] 345. Copy of a Bill before the House of Commons for the better carrying on the war by sea and land in West Indies. Be it enacted that it shall and may be lawful for H.M. by Charter or Commission under the Great Seal to grant and allow such powers, priviledges, securities and advantages, to all such persons, Bodys Politick or Corporate, Companies or particular partnerships of men, whether Natives or Foreigners, as shall be willing to contribute towards taking and seizing any of the ship or effects of or belonging to the subjects of France or Spain upon the seas, or towards seizing or possessing any lands, citys, or other effects of France or Spain at sea, or in the Indies, as she in her Royal wisdom shall think fit. And whereas it is of late found by experience that the scarcity of English seamen hath been a great obstruction to the effectual carrying on the warrs by sea as likewise of the general Trade and Navigation of this Kingdom, Be it enacted that from and after the first day of May, 1703, for and during the continuance of the present warr with France and Spain, untill six months after the expiration thereof and Proclamation of the Peace or other determination of Acts of hostility, as shall be agreed on by any Treaty of Peace, it shall and may be lawful for any of the subjects of this Kingdom in their ships or vessels to employ any number or numbers of foreign seamen without limitation of number or quality, the Act of Parliament intituled the Act for the encouraging and increasing of shipping and navigation, or any other law, custom or usage to the contrary in any wise notwithstanding; And to the end that all manner of persons may be the better incouraged not only to contribute and adventure their moneys or effects, but likewise their persons in the prosecuting that part of this just and necessary war, which relates to the seas and to the Indies, Be it enacted that for and during the present Warr all such Foreigners as shall serve H.M., whether by sea or by land in the Indies for one whole year or more, and shall likewise take the oath of Fidelity to H.M. appointed by the Act for abrogating the oath of Supremacy and Allegiance, shall be hereby rendered capable of having and enjoying the same priviledges with the natural-born subjects of this Kingdom in all H.M. Colonies and Territorys in the West Indies only. Endorsed, Recd. Feb. 21, 1702/3. 2½ pp. [C.O. 323, 5. No. 6.]
Feb. 22.
346. William Popple to Mr. Taylour. The Council of Trade and Plantations having transmitted to the Lord Cornbury a copy of Lady Bellomont's account and vouchers, they have ordered me to desire you to acquaint her Ladyship that it is necessary for H.M. service as well as her Ladyship's ease that she give order to her Agent there to attend his Lordship and the Council for the better explaining the several particulars of the said account, whereof a Report is to be made by his Lordship to H.M. [C.O. 5, 1119. pp. 380, 381.]
Feb. 22.
347. Council of Trade and Plantations to Governor Lord Cornbury. Since yours of Jan. 26, we have received several from your Lordship all dated in Dec. last; the particular subjects both of them and your former, we shall answer fully very soon. At present we will only acquaint you that the Countess of Bellomont having petitioned H.M. that the security she has given at New York for her appearance there in April next may be discharged, the consideration of which H.M. was pleased to refer to us, and we having thereupon offered our opinion for respiting the time of her appearance for six months after the expiration of the time now appointed, and her Ladyship having also laid before us her accounts for the whole time of the Earl of Bellomont's administration in the Government of that Province, and given us a copy of the vouchers which she intends to make use of in justification of her account, a letter has therupon been dispatched by Mr. Secretary Hedges, signifying H.M. pleasure that six months longer time be granted for the appearance of her Ladyship, or her lawful Attorney at New York, in reference to the public demands, and that in the meantime her sureties be not prosecuted for her default, which letter will be transmitted to you by her Ladyship or her Agent. We have also thought fit to send you copies of all the foresaid papers which have past through our hands, that your Lordship may examine the said account in Council, and return to us your objections (if any) thereunto for H.M. final directions in that matter. Signed, Weymouth, Robt. Cecill, Ph. Meadows, William Blathwayt, Jno. Pollexfen, Mat. Prior. P.S.—We are informed of divers severe prosecutions in New York upon occasion of the late Government and former Resentments, whereupon we remind your Lordship of what we enjoyned you, as we have often done to your Predecessors, that you should no way countenance the retaliation of former injuries, but by all fair means contribute your endeavours for the quieting the minds of the people.
March 25. We herewith send you four letters from the Earl of Nottingham relating to the French and Spaniards, not doubting of your care in observing the directions hereby given you within H.M. Provinces under your Government. We likewise inclose herein a letter to the Governour and Company of Connecticut and another to Governor Dudley, in the sending forwards of which we intreat your Lordship's care. [C.O. 5, 1119. pp. 381–383.]
Feb. 22.
Admiralty Office.
348. J. Burchett to William Popple. H.M. has been pleased to referr to the consideration of the Prince, the Lord High Admiral, the Memorials of the Lords of the Council for Trade, in relation to convoys for the ships bound from hence and Portugal to Newfoundland. H.R.H. hath been informed that the outward bound ships to those parts, especially those that sail from the out ports, have frequently taken the opportunity, as they were ready, to sayle without convoy, and not knowing but they may take the same measures now, which if they do, the ships you propose for the said convoy will be employed to little or no purpose, and H.R.H. not knowing what trade is bound that way from Portugal, I am commanded to desire that you will move the Lords of the Council for these affaires to give H.H. an account what fishing ships, and sack ships, are bound from the ports of this kingdome to Newfoundland, and whether it may be depended on they will stay for convoy; as also what numbers of ships are now designed thither from Portugall; for as all possible care will be taken for the security of this trade, soe would his Highness not willingly employ H.M.'s ships unnecessarily therein, since there are so many other services that pressingly call for them. And as for the security of the fishing ships and vessells when they shall have made their voyage, Rear Admiral Graydon, who is going to command the West Indian Squadron, has full instruction therein, with respect as well to those bound to England, as Portugal. Signed, J. Burchett. Endorsed, Recd. Read Feb. 23, 1702/3. 1¾ pp. [C.O. 194, 2. No. 94; and 195, 3. pp. 165, 166.]
Feb. 22. 349. List of the vouchers to Lady Bellomont's accounts. Endorsed, Recd. Read Feb. 22, 1702/3. 4½ pp. [C.O. 5, 1048. No. 34.]
Feb. 22.
350. Journal of Council of Trade and Plantations. Letter to the Earl of Nottingham written.
Mr. Taylor delivered to the Board several papers as vouchers to Lady Bellomont's account. Whereupon their Lordships wrote a letter to Lord Cornbury wherein to transmit them etc.
The Secretary wrote to Mr. Champante, and the letter was given to Mr. Taylor.
Sir Matthew Dudley with divers other persons concerned in the undertaking for Naval Stores attending, with Sir Thomas Powys, on one side, and Mr. Phipps with the merchants who have petitioned against the granting a charter for that purpose and others opposing the same, on the other, both sides were fully heard, and the names of several subscribers as well in New England as here being read, the objectors observed that divers of them since their first subscribing the same, had declined to be any further concerned therein, and objected that the design of such a Charter seemed rather to be calculated for monopolating the trade of that country, than for importing Naval Stores from thence, it being impossible for any private person to cope in trade with a Corporation supported by so great a stock as this was intended to be; and they therefore desired at least that the granting of any such Charter be deferred till the Government of New England may have been informed thereof and their answer received. The other party replied, that it be so long since this design has been in view, the not importing of such quantities of Naval Stores by private persons as may be sufficient is a proof that it cannot be done in that manner, and that nothing but a joint-stock managed by a Corporation is sufficient to do it; the Charter now under consideration is not intended to be exclusive of any, and that such persons as apprehended prejudice by the largeness of the Company's Stock may themselves have liberty to come into it, and partake of the advantage which shall accrue thereby.
All the foresaid Parties being withdrawn, their Lordships ordered a compleat copy to be made of the Charter under consideration (with such alterations and additions as have been already directed) in order to their further Resolution upon it.
Feb. 23. Letters to Governor Codrington, Secretary Handasyd and to the President and Council of Barbados were signed and ordered to be sent by Mr. Dummer's Packet Boat now about to sayle.
Letter from Lord Nottingham read, and an answer returned.
Letter from Mr. Burchet relating to Newfoundland ships read, and thereupon ordered that circular letters be written to the Mayors of the out Ports, and that the Newfoundland merchants of this City be desired to attend this Board to-morrow.
Letter from Mr. Thrale read.
Letter to Lord Nottingham upon Sir J. Jeffry's petition ordered.
Feb. 24. Sir Wm. Phippard and other Newfoundland merchants attending, and Mr. Burchet's letter of Feb. 22 being communicated to them, they laid before their Lordships a Memorial relating to convoys for that trade, together with a list of the ships that they now understand to be designed thither, as well directly from hence as from Portugal with salt, which was read; and they added that if they can be assured of a convoy and of protections for their men, the number of fishing ships will probably be much greater, and that the sack ships will consequently be increased in the same proportion. Upon which their Lordships gave directions for an answer to be returned to Mr. Burchet's foresaid letter. [C.O. 391, 15. pp. 435–446; and 391, 97. pp. 149–163.]
Feb. 23. 351. John Thrale to the Council of Trade and Plantations. I humbly pray your Lordships to move H.M., in behalf of H.M. Colony of Virginia, that H.M. would be graciously pleased to send them over H.M. picture, to be sett up in their Councill Chamber, as also H.M. coate of arms for the Supreme Court, as hath bin usual to all H.M. Colonys. And farther request your Lordships that the like may be don for H.M. Province of New York. Signed, Jno. Thrale. Endorsed, Recd. Read Feb. 23, 1702/3. Addressed. ¾ p. [C.O. 5, 1313. No. 14.]
Feb. 23. 352. Memorandum of preceding. ¼ p. [C.O. 5, 1048. No. 30.]
Feb. 23.
353. Council of Trade and Plantations to the President and Council of Barbados. We hope that before the arrival of the packet-boat by which this letter goes, you will have Sir Bevill Granville with you, he being now on board one of H.M. Frigats at Plymouth in order thereunto, by whom you will be fully acquainted with her Majesty's pleasure relating to the Government of Barbados. However, we would not faile of letting you know that there is nothing depending before us relating to that Government more than the informing H.M. of the expence the Island has been at in securing their Trade, the guns and stores of warr desired being now aboard the store ships sailing for those parts. Signed, Robt. Cecill, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. [C.O. 29, 8. pp. 286, 287.]
Feb. 23. 354. Council of Trade and Plantations to Thomas Handasyde. We have understood from other hands that you have received her Majesty's Commission constituting you her Lieut.-Governour and Commander-in-Cheif of her Island of Jamaica; and hope we shall in a short time have the same account from your self, as likewise of all matters relating to that Government. And in order to it we recommend to your perusal, the Commission and Instructions given to former Governours which you are strictly to observe. You will omitt no opportunity of writing to us either by the packet-boat or other conveyance. Signed, Robt. Cecil, Ph. Meadows, Wm. Blathwayt. John Pollexfen, Mat. Prior. [C.O. 138, 10. p. 409.]
Feb. 23.
355. Council of Trade and Plantations to Governor Codrington. We have not received any letter from you since our last of Jan. 26, so only take the opportunity of this pacquetboat to acquaint you that the several Acts of the Leeward Islands transmitted by you (amongst which there is one concerns yourself) are under consideration, and will be soon dispatched. We are in expectation of the particular account of all affairs in your Government, which you promised to send us from Antegoa, and do not in the meantime doubt of their being in good order, and of your continued care to keep them so, which we always think it our part to recommend to you. As to your Furlow, we refer that to your other friends and correspondents, and so bid you heartily farewell. Your very loving friends. Signed, Robt. Cecil, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior. [C.O. 153, 8. p. 138.]
Feb. 23.
356. Council of Trade and Plantations to the Earl of Nottingham. Having amongst other instructions prepared one for the Earl of Peterborow for settling the Revenue in Jamaica which is expiring, we think it absolutely necessary that the same be forthwith renewed to Coll. Handersyde and the Commander-inCheif of Jamaica for the time being, for which purpose we send your Lordship here inclosed a copy of the said instruction that you may please to lay it before her Majesty for her Royal Signature if your Lordships shall so think fit. Signed, Weymouth, Rob. Cecill, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior.
P.S.— We pray at the same time that a duplicate may be sent to us of the private letter intended for my Lord Peterborow on this occasion, that we may transmit the same to Collonel Handersyde. Annexed,
356. i. The Queen to Colonel Handersyde. Whereas there was an Act past by the late Duke of Albemarle in the General Assembly of our Island of Jamaica in the year 1688 for raising a publick Revenue to the King his heirs and successors for the support of the Government of that Island; but upon complaints made by some Planters and Merchants of the said Island about the elections of Members for that Assembly and upon their humble petition to his late Majesty in Councill, that the said Act and all other Acts of the said Assembly might be declared null and voyd (tho' the Duke of Albemarle on the other side did by his letters alledge many things in justification of the proceeding of that Assembly), We as well as our late dear brother have hitherto out of great tenderness to our subjects there, and for quieting animosities amongst them, and putting an end to all disputes concerning the said Assembly, forborn to confirm the foresaid Acts, and expected they would thereby have been induced to lay aside their private differences, and unanimously have joyned in expressing their duty to us by passing a new Act to the same effect; But whereas they have all this while neglected to comply with the admonitions given them by the late Earl of Inchiquin and afterward by Sir William Beeston, late Governour of that Island in that behalf; and the approaching term of the Act of Revenue past in 1683, making it necessary that some resolution be speedily taken upon the foresaid Act, past by the Duke of Albemarle in 1688, You are to signify to our Councill and the General Assembly of our Island of Jamaica, that we doe think fit to allow untill the month of November next within which time they may pass and offer to us such other Act for settling our Revenue there as may be fit to receive our royal approbation; according to which we shall extend our royall confirmation of all the Acts already confirmed for the space of 21 years with the foresaid temporary Act of Revenue, but that withall we do expressly declare, that in case they shall not within the same term comply with our expectation herein, we shall find ourselves obliged to give our royal confirmation to the aforesaid Act past in the year 1688. [C.O. 138, 10. pp. 405–408.]
Feb. 23.
357. Earl of Nottingham to the Council of Trade and Plantations. Major Francis Rose being recommended to succeed in the present vacancy of a Counsellor in Jamaica, I must desire you to tell me if you have any objection to it, that I may accordingly receive her Majestie's pleasure therein. Signed, Nottingham. Endorsed, Recd. Read Feb. 23, 1702/3. 1 p. [C.O. 137, 5. No. 97; and 138, 10. p. 403.]
Feb. 23.
358. Council of Trade and Plantations to the Earl of Nottingham. In answer to your Lordship's letter of this day concerning Major Francis Rose to fill up the present vacancy in her Majesties Councill of Jamaica, confined to the number of twelve, we inclose to your Lordship a list of such persons as have been recommended to us by former Governours, for supplying of vacancies, amongst whom we find Major Francis Rose, and have no objection against him or any other of the persons mentioned in the said list. Signed, Robert Cecill, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior. [C.O. 138, 10. p. 404.]
Feb. 23. 359. Minutes of Council of Barbados. Various salaries of gunners, etc. paid.
The Board having met this day at the request of the Assembly upon their last adjournment, sent to know if they were a House, in order to communicate to them some matters of great importance for the service of the Island, but they fail'd to meet to make a house, notwithstanding it was upon their own adjournment. [C.O. 31, 8. pp. 1–4.]
Feb. 23. 360. Journal of Assembly of Barbados. The members present being but 14, adjourned till Tuesday next. [C.O. 31, 7. p. 36.]
Feb. 24.
361. Newfoundland Merchants to the Council of Trade and Plantations. In obedience to your Lordships' commands of yesterday's date, we humbly offer that it's our opinion, that no one of our ships bound to Newfoundland will run without convoy, when they can have one, and where any have runn, it hath been to prevent the ruine of their voyage, as we have experienced that when a convoy hath been appointed to depart in March or April it hath been June or July ere the convoy hath sailed, which hath ruined the fishing voyages, and hath been a great loss to the concerned, but if a convoy may be depended on that will sail from the Downes with the first fair wind after the last of March next, and that my Lord High Admiral will be pleased forthwith to grant us protection for our men, that we may begin to fitt out our ships, we may assure your Lordships not any ship will run without a convoy. May it please your Lordships, the convoy to saile the last of March next is for the fishing ships, and that for the sacks to saile from the Downes with the first fair wind after the last of May, and as to the ships that design with salt from Lisbon they are several, and there will be some from the Northern Channell when they shall know there's a convoy appointed. It is still our opinion, that unless those harbours of Trinity and Carboniere be fortified, or that we dispossess the French of Placentia and fortify the same, the Newfoundland trade will be lost, and unless we have protections in a few days wee shall not be able to get our ship ready. Signed, Solomon Merrett, Ja. Campbell, Wm. Taverner, Simon Cole, Wm. Brooke. Endorsed, Recd. Read Feb. 4, 1702/3. 1 p. Enclosed,
361. i. List of ships at present known to be designed for Newfoundland. Total, about 40 ships from various ports. ½ p. [C.O. 194, 2. Nos. 95, 95.i.;and 195, 3. pp. 166–168.]
Feb. 24.
362. Governor Codrington to [? the Earl of Nottingham]. I am at this time under so inexpressible a concern that I know not well what to write to your Lordship, or whether I ought to write at all—the verry dating of my letter from Antigua, when your Lordship might expect I should give you an account of my haveing reduced some French Island, will let your Lordship into the reason of it. 'Tis now above five weeks since the Commodore writ me from Barbados he would sayle in two or three days from thence, notwithstanding which he arrived heare but fouer days ago, aboundance of the soldiers and seamen are dead and the rest soe sickly they are scarce fit for servis, many officers, and the best as I am told, are gon of, nor could better be expected from their long stay at Barbados, where the planters think the best way to make their strangers welcome is to murther them with drinking; the tenth part of that strong liquor which will scarce warme the blood of our West Indians, who have bodies like Egyptian mummys, must certainly dispatch a new-comer to the other world; my poore Islanders which it has cost me a great deale of paines and expence to get together have been miserably crouded in little sloopes like ballast for above three weeks. I am soe little pleased with the state of things, that I would not concerne myselfe in any expedition, but that there is a necessity of landing the men to find them fresh provisions, which cannot be done but on a French Island; the badness of the seaprovisions, of which a strange account is given me, has beene the cheife reason of the sickness amongst the private men, for Barbados as well as these Islands are verry healthy. My Lord, my head and heart are soe full that I should trouble your Lordships with verry uncomfortable reflections, if I would allow myselfe to be particular. But I expect my Lord Peeterborough every day, and when he has made his inquierys he will certainly write to your Lordship with that liberty which will be better taken from him then from me. If I had had the command of the Fleet and forces at their first arrivall, when they ware above a thousand stronger then they are now, I might have done verry important servis. I should certainly have carried Martineco, above 1,800 of theire best men being then out in privateers, which are now all called in. This is an oppertunity that we shall not probably have during the whole war agen, the most I can now pretend to is to attack Guardaloupe, and our great ships are so foule and unfit for servis without any light frigates to attend them, that even this attempt will goe on verry awkwardly and heavily. I believe, my Lord, I know what can or cannot be done in these parts better than any man liveing; my intilligence has cost me a great deale of inquiery and some hundreds of pistoles, and I can say without vanity I can lay my finger on the point and act without guessing, but 'tis to little purpose for a Commander to have his scheme in his head, if he has it not in his power to execute it. If I escape from this expedition, and H.M. shall think fit to employ me agen, I must beg leave to have the conduct of the enterprise from the beginning, one false step ruins the whole expedition; in Europe there may be roome for a back game, but here the design must be laid well and fully at first, and then vigorously executed, for delays will cost more men then the warmest actions. Signed, Chr. Codrington. Endorsed, R. June 1, 1703. 2 pp. [C.O. 7, 1. No. 3.]
Feb. 24.
St. Jago de la Vega.
363. Minutes of Council in Assembly of Jamaica. The Bill to invest H.M. etc. (see Feb. 20) was read the first time and committed. Instructions for the Committee: It is the unanimous opinion of this Board that it does not lye in the power of the Assembly to appoint any of the Gentlemen of this Board to be Commissioners in any Act without their consent first had and obtained; that a clause be brought in to prevent any new storehouses, taverns or market within two miles to the eastward or westward of the town. Memorandum, to have regard to the merchants settled on Kingston, viz. Col. Beckford, Heathcote, Nazerau and Caillard.
Feb. 25. The Governor sent a message to the House requiring the Minutes of the House the last three days. The Speaker said he would immediately order the Clerk of the Assembly to copy them out. About half an hour past 11, the Minutes not being brought, the Governor sent to know when he might expect them. The Speaker answered, the Clerk of the Assembly was writing them out with all expedition, but having been something backwards in the Entry of the Minutes, he believed it would be after dinner before it could be done, and that as soon as done, he would wait on the Governor with them.
Bills to enable Commissioners to sell lands and tenements for the payment of the debts and legacys of Sir Thomas Modyford, Bart., decd., and for confirming the last will and testament of Anthony Wood, late of Port Royall, decd., were sent up, read a first time and committed.
The Governor communicated to the Board the Minutes he had received of the three last days' proceedings of the Assembly, wherein he takes notice of the votes they had past (1) that no officer, except Governor or Lieut.-Governor, shall be capable of holding or executing any civil Power or authority in this Island; (2) that the officers should have no money from the country; (3) that the private centinells att Port Royall be maintained there at noe more than 14s. per month in lieu of quarters, which he told the Board together with their pay could not anyway be sufficient to maintain either the officers or soldiers in this dear country. He therefore prayed the advice of the Board, what methods should be taken, that the officers and soldiers might be enabled to live and subsist themselves. The Council gave their opinion that the votes were previous to a Law to be brought in by the House, which when brought to this Board, and such amendments as the Council might think fit for the subsistence of H.M. officers and soldiers should not be agreed to by the Assembly, it might be rejected by this Board, and prayed that the Governor would be pleased to suspend his resentment in the mean time.
Feb. 26. Two Bills, sent up yesterday, were read a second time. Adjourned to 6 in the morning.
[? Feb. 27.] Met and adjourned to 3 p.m. [C.O. 140, 6. pp. 443–447.]
Feb. 24.
Royal College of William and Mary.
364. Minutes of Council of Virginia. H.E. laid before the Council letters from the President of the Council of Maryland acquainting H.E. that all the ships in that Province will be ready to sail by March 15 or 20, and that the masters petitioned for Capt. Moody to stay till that time to take them under his convoy. Several petitions to that effect laid before the Board. Advised, that it will very much conduce to H.M. service, the advancement of H.M. Revenue, the good of H.M. subjects and the safety of the said ships that Capt. Moodie stay some time longer than the time formerly appointed, in regard there are 28 Masters of ships in this Colony and the Province of Maryland, who have now petitioned and will be ready to sail in a short time, and no other convoy can suddenly be expected here; that H.E. therefore issue his orders to Capt. Moodie to stay till March 18 and take the said ships under his convoy, and that he be required to send an immediate answer, whether he will do so. H.E. acquainted the Council that if he shall refuse to stay till March 18, he did not think fit to permit any of the ships to go with him, and it is thereupon ordered that the said ships shall sail together on March 18, whether they have a convoy or not. H.E. communicated a letter which he wrote to Capt. Moodie 19th inst. requiring him to be present at this Council or that he should send his Lieutenant and his purser, and that he expected to have seen some of them here, and also that Capt. Moodie should have sent a copy of his Journal as by a former order he was directed. Ordered that Capt. Moodie be again required to send to H.E. a copy of his said Journal. H.E. declared that if Capt. Moodie's Purser shall want further credit for provisions the better to enable him to stay till the departure of the Fleet, H.E. will supply him, and ordered that notice be given to Capt. Moodie thereof. Ordered that the Collectors give notice to the ships of the time of sailing.
Letter from Capt. Moodie, Feb. 9th, read, intimating that he understood the Masters of the Merchant ships expected longer time, grounding their opinion on that part of H.E.'s order to the Naval Officers that those who could not get ready by Feb. 24th (were) to give H.E. notice thereof; and therefore he gives notice that he intends to sail on the day appointed, Feb. 24, there being a necessity for his so doing, by reason of want of provisions and cordage. H.E. did thereupon declare that he was very well satisfied that the orders he hath given to the Naval Officers were for H.M. service, but thought it was no concern of Capt. Moodie's to question them; that as to his want of provisions, H. E. hath already declared that he will supply him, and as for cordage, he believes he cannot suffer much more on that account for staying 18 days beyond his time, when it may bring such an advantage to H.M. Revenue and the good of her subjects.
Upon representation from the Court of King William County that at a Court held for the said County, several indictments were exhibited against Tho. Fentham, Robert Napier, James Johnson and William Baker, vizt., 5 against Fentham for forgery, and five for perjury and two against Johnson for perjury, the Court being doubtful that it might not be within their Jurisdiction (especially the forgery, for which if convicted the Party to have his ears cut off), Ordered that execution of the sentence be suspended till General Court.
Upon a petition of Nathaniel West, he was referred to take his remedy as the Law directs, the matter not lying before this Board.
Petition of Isaac Haggomon, of the County of Northampton, was remitted to the County Court.
Littlebury Epps was sworn as Deputy Collector of the Upper District of James River. [C.O. 5, 1409. pp. 279–283; and 5, 1412. pp. 34–38.]
[Feb. 25.] 365. Petition of sundry Merchants trading to Virginia to H.R.H. the Lord High Admiral. Desire that the convoy may forthwith depart, and stay in Virginia 3 months after arrival to bring home all ships that shall then be ready. 22 Signatures. Endorsed, R. Feb. 25, 1702(3). Enclosed,
365. i. List of 32 Virginia ships at Gravesend and in the Downes ready to sail. 1 p. [C.O. 5, 1340. Nos. 1., 1.i.]
[? Feb. 25.] 366. Micajah Perry to [? the Council of Trade and Plantations]. Desiring that H.M. picture and coat of arms may be granted for the use of the Government of Virginia as is usual, they having the picture of the late King already. Signed, Micajah Perry. Endorsed, Recd. Read Feb. 25, 1702/3. 1 p. [C.O. 5, 1313. No. 15.]
Feb. 25. 367. Private Instructions for our trusty and wellbeloved Thomas Handaside, Esqr., our Lieutenant Governour and Commander in Cheif of our Island of Jamaica, or for the Commander in Cheif of the said Island for the time being. Given at our Court at St. James the 25th day of February, 1702/3, in the first year of our reign. Whereas our most dear brother, the late King William III, upon some representations made unto him, concerning an Act past by the late Duke of Albemarle, in the General Assembly of that our Island of Jamaica, in the year 1688, intituled an Act for raising a publick Revenue to the King his heirs and successors for the support of the Government of that Island, did think fit by severall instructions, to direct Sir William Beeston, and afterwards William Selwyn, Esq., Captains General and Governor-in-Cheif of that Island to declare that in case the General Assembly could not be induced to make the said Revenue perpetual, but were willing to pass the same for the term of 21 years, or a longer term by a new Act, that then the said Governours should give their assent thereunto, and not for any shorter term, with assurance to the Councill and General Assembly of his Majesties allowing in that case and confirming all the other Acts that are soon expiring for the said term: but in case of not complying with that gracious condescention, that his Majesty would be obliged to confirm the said Act passed by the Duke of Albemarle in the year 1688, and whereas we have directed you to signify to our Councill and the General Assembly of our said Island, that we doe think fit to allow them untill ye month of November next, within which time they may passe and offer to us, such other Acts for settling our Revenue there, as may be fit to receive our royal approbation; we doe hereby let you know, that by such fitting Act wee doe intend (in case they cannot be induced to make the said Revenue perpetuall) a new one which shall grant the same for the terme of one and twenty years at least, but not for any shorter term; And in case you find that they will not comply with the proposall you shall make to them of a new Act, to the effect above mentioned, you shall then by a vessell express send us an account thereof without delay, whereupon wee will immediately give our royall assent and confirmation to the said Act of Revenue passed by the Duke of Albemarle. Signed, Anne R. Endorsed, Recd. March 11, 1702/3. Copy. 2½ pp. [C.O. 137, 5. No. 99; and138, 10. pp. 415–417.]
Feb. 25.
368. Col. Quary to the Council of Trade and Plantations. Inclosed is the copy of my last to your Lordships. This opportunity of writing was unexpected. H.E. the Governor of Virginia was pleased to send an express to acquaint me that the Southampton friggott was ordered to sayle for England with what ships was readey the 4th March, and in order to the security of trade was pleased to give notice to all the neighbouring provinces that so all ships that could be ready might take the benefit of the convoy. I did purpose according to promise to have sent your Lordships the particulars of the design against St. Augusteens, by the forces of South Carolina, but the sloop I sent there by reason of contrary winds is not yet returned, nor can I detaine this express longer, so must deferr that account and others. The confusion of this Government increases dayly; they have thrown of the Lower Counties, and now the Upper Counties have begun to throw of them. The County of Bucks refuses to act by Mr. Hambleton's Commission, and so does most of the County of Chester, and the County of Philadelphia are so divided about Mr. Penn's Charters that there is now a full stop to the current of justice, the gaol of the place is crowded with murderers and felons; it is against the principle of the Quakers to try them, so they were forced for a valuable consideration to hire two Gentlemen to be judges on this extraordinary occasion, and accordingly there was a special Commission drawne and signed by Col. Hambleton, the day for setting of the Courte fixt, the Jury summoned and all things readey at the Day, when the Courte was opened the Grand Jury was all called and unanimously refused to serve; they gave their reasons that since the Quakers had engrossed and did exercise all the powers of Government, they should trey the criminalls too; and not thinke to put that part of the drugery on them; besides those empanelled on the jury told the Courte that they were not satisfied with Col. Hambleton's Commission, upon which this speciall Courte was broake up, and all the prisoners still left in goal, where they are almost starved, there being no allowance for prisoners. We live in hopes that by your Lordships' assistance Her Majesty will be graciolusly pleased to take this Province under her immediate protection, and so by removing those distractions restore us to the rights and privileges of good subjects in all the rest of her Governments, which will make us all easy and happy. I thought myself obliged to informe your Lordships that all the grants which were made for lands before Mr. Penn's time, the reserved rent was made payable to the Crown, but Mr. Penn of late persuades the old tennants to deliver up those grants, and gives them new ones in his own name, making the Quitt Rents payable to himself, and to others he sells the fee simple. I have enclosed copey of the old grants and coppy of Mr. Pen's grants. There is an extraordinary good correspondence between H.E. my Lord Cornbury and the Governor of Virginia, wch. I am sure will prove very much to H.M. interest and advantage, and for the benefit and interest of these Governments. I cannot get the coppey of Mr. Penn's Charters. Signed, Robt. Quary. P.S.—Just now by way of Bermodus, we have advice that the French and Spaniards from the Havana have relieved St. Augustine, they came with three men-of-war, our men that were on board the small vessell that lay before the place to blocke it up by sea, seeing the three men-of-war coming on them, immediately sett fire on all there vessell to prevent there falling into the enemies' hands, so that our forces must fight there way home by land. The account is very imperfect. The people of Carolina were in great apprehention that the menof-warr would be with them and destroy the country before our forces could returne by land. I expect my owne sloope every hour with a more certaine account of this unwellcome news, wch. I will dispatch to yr. honors with all the speed possible. Signed, Robt. Quary. Endorsed, Recd. 4th, Read June 9, 1703. Addressed. 3pp. Enclosed,
368. i. Abstract of preceding. 2½ pp.
368. ii. Address of the Members of the Assembly of the Lower Counties to the Council of Trade and Plantations. Philadelphia, Nov. 21. Duplicate, Dec. 7. No. v. Endorsed, Recd. 4th, Read June 9, 1703.
368. iii. Deposition of Walter Marten, Jan. 21, 1702(3). By virtue of a dedimus potestatem to me directed by Col. Hamilton to qualify by oaths and attestations the Burgesses and High Constable for the Burrow of Chester soe established by vertue of a Charter from Wm. Penn, Proprietary and Governor, I did on the first day of January meet the said Burgesses, Jasper Yeats, James Sandilands, Ralph Fishbourn, Paul Sanders, Burgesses, and Robert Barbar, High Constable, and did tender to the two first mentioned the usual oaths and declarations appointed by Law, who were willing to comply with them, but the other two Burgesses and High Constable desired some further time to consider before they would take their attest and subscribe the Declaration, aledging they understood not in the Declaration wht. was meant by the word Sacrament, upon wch. I gave them a weeke longer time, and then mett them at the town aforesaid, where after some discourse they started a further objection, saying they would not qualifye themselves nor act by attestation wth. any that took an oath, and therefore urged Yeats and Sandilands to take an attest as well as themselves, upon which they replyed that the Law wch. favoured them with an attestation was noe warrant for others who were not scrupulous to take an oath, and as they were noe way concerned in the administration, it could not affect their consciences, but seeing they might be qualified their own way, it was unreasonable to impose their form on others to whom the Law was noe security in their compliance, upon which I did qualifye the said Yeats and Sandilands by their lawful oaths, and the others absenting refused their attests. Signed, Walter Marten. Endorsed as preceding. 1 p.
368. iv. Copy of the old grants (referred to in preceding letter) by which the reserved Rent is payable to the Crown. Signed, William Penn, Philadelphia, 1684. Same endorsement. 1 p. [C.O. 5, 1262. Nos. 24, 24.i.-iv.; and (without enclosures) 5, 1290. pp. 331–336.]
Feb. 25.
369. William Popple to Josiah Burchett. The Council of Trade and Plantations have considered your letter of Feb. 22, in relation to convoys for the vessells designed from hence and Portugal to Newfoundland, and have heard several Merchants of London, and some members of Parliament for the out ports concerned in that trade. Their Lordships do thereupon desire that H.R.H. may be informed that all the said Merchants and others do insist upon a convoy as absolutely necessary to them from England to Newfoundland, and declare that without such convoy, and protections forthwith to be granted for their seamen, they cannot undertake to send out one ship, and they propose that in case H.R.H. shall think fit to appoint a convoy from hence, part of the fishing ships may rendevous at Spithead and the others at Plymouth. They likewise propose the loading of ten ships from Portugal for Newfoundland with salt; and further insist that a convoy be appointed for them.
As for the security of the fishing ships and other vessels when they shall have made their voyage (for which you say Rear Admiral Graydon has full Instructions) the same having been communicated to the foresaid merchants, they have further offered that they do no ways conceive themselves safe during the time of their fishing upon the coast without the constant attendance of the usual convoy to guard them from the attempt of an enemy, and to quiet their fears which are at present very great from the French. Enclose copy of their memorial and list of ships ready to sail. They say there will be many more in case they may have assurance of a convoy from hence and another from Portugal for their salt ships, as also protections for their men to be granted them in a few days, without which they say they shall not be able to get one ship ready. [C.O. 195, 3. pp. 170–172.]
Feb. 25.
Crotchett Fryers.
370. Solomon Merrett to Mr. Popple. I am very much concerned that no care will be either taken to fortifye Trinity Harbour this year in Newfoundland, as their Lordships are not sensible of the ruin of that harbour the next approaching winter, and of what salt, provisions and fish that wee are obliged to leave there every year, and as their Lordships are not sensible of the small charge that harbour may be fortified with, it wanting no stones or bricks, only a few guns and ammunition. If we have no fortification nor no ship left there, wee must expect nothing but loss etc. Signed, Sollomon Merrett. Endorsed, Recd. Read Feb. 25, 1702/3. ¾ p. [C.O. 194, 2. No. 96; and 195, 3. pp. 168, 169.]
Feb. 25.
371. William Popple to Solomon Merrett. The Council of Trade and Plantations, upon my reading the above to them, desire you to lay before them the best computation you can what the charge of the Fort desired for Trinity Harbour and the defence thereof will be, and how you propose that work should be done this year; as likewise a computation of what may be the value of the salt and other effects left there in the winter, one year with another. [C.O. 195, 3. p. 170.]
Feb. 25.
372. Council of Trade and Plantations to Col. Quary. We acknowledge the receipt of your letters of the 24th July and 7th December last, which we have had under consideration, and by the next opportunity you may expect to hear further from us thereupon. In the meantime we send you here inclosed H.M. Order in Councill relating to the Courts of Judicature in Pennsylvania and the three Lower Counties, which you will make known to the Deputy Governour and all other persons whom it may concern, that they may govern themselves accordingly. We likewise send you a copy of another Order of Councill by which Collenel Hamilton is constituted Deputy Governour for one year. Collenel Bass has acquaint you with his having received the sum of 300l. sterl. upon account of your services and the charges you have been at, which we represented to H.M. for you. Signed, Weymouth, Robt. Cecill, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior. [C.O. 5, 1290. pp. 306, 307.]
Feb. 25.
373. Council of Trade and Plantations to the Earl of Nottingham. Upon the reference, Feb. 11, of Sir Jeffrey Jeffrey's petition, we desire your Lordship to offer to H.M. our humble opinion that the settling of such a correspondence between the Kingdom and H.M. Plantations on the Continent of America will be of great use to H.M. service in those parts, and of advantage to the Plantation Trade, especially during the war. In order thereunto, we humbly conceive it may be convenient the two ships proposed be constantly imployed in going and returning between the Isle of Wight and New York, which is near the centre of H.M.'s Plantations on that Continent. We do not conceive it fit that so long a time as desired by him be allowed for the stay of the said vessells at New York; but rather that their stay in harbour be as short as possible, not exceeding five days either there or at the Isle of Wight; it being the expedition of those voyages which makes the undertaking most usefull. And the answers of letters to New York sent by either of those packet-boats may in that manner be forthwith returned from thence; and from all H.M. other Plantations on the Continent sent thither, to lye in readyness against the arrival of the next packetboat; which will make the course of this correspondence as regular and expeditious as is possible for two packet-boats. We humbly conceive it very necessary there be effectual protections granted for the seamen belonging to both these vessells. And we have reason to hope that since he insists upon the carrying of 50 tuns of goods in each vessell, out and home, he will abate of the price he would otherwise ask for this service. As to the charge of this undertaking we leave it to the consideration of the officers of the Navy and Post Office, who will be best able to judge of it and make the Agreement.
P.S.—Upon a fresh application from Sir Jeffrey Jeffreys we humbly offer that the first packet-boat only be permitted to stay 30 days at New York and bring away such letters as may in that time be ready, but that the stay of the following packet-boats be confined to five days and no more, as we have proposed. Signed, Weymouth, Rob. Cecill, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior. 3 pp. [C.O. 5, 1084. No. 15; and 324, 8. pp. 215–218.]
Feb. 25.
374.Council of Trade and Plantations to the Queen. Upon application to us in behalf of your Majesty's Plantations of Virginia, New York and other Colonies in America under your Majesty's immediate Government, that your Majesty would be graciously pleased to order your royal picture and Arms to be sent to those Colonies for their respective Council Chambers, and Supream Courts of Justice: we humbly represent to your Majesty that such picture and Arms have been usually sent to your Majesty's Plantations by your Royall predecessors, and offer that your Majesty may be pleased to give the like directions therein. Signed, Weymouth, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Matt. Prior. [C.O. 324, 8. pp. 214–215.]
Feb. 25.
St. James.
375. Order of Queen in Council, approving of preceding Representation and directing the Rt. Hon. the Earl Marshall of England and the Lord Chamberlain of H.M. Household to give the necessary directions. Signed, John Povey. Endorsed, Recd. 20th, Read March 23, 1702/3. ¾ p. [C.O. 323, 5. No. 5; and 324, 8. p. 228.]
Feb. 25. 376. Memorial from several merchants trading to the Northern parts of America to the Council of Trade and Plantations. Pray that the vessels proposed by Sir J. Jeffreys may stay at New York about 30 days, in which time answers may be received to such letters as are delivered by each vessel by the same from New England, Virginia, Maryland and the parts adjacent, which will be a greater accommodation to us than we can expect by the method now practised by Mr. Dumer, by putting letters on shoare by the one vessel and receiving answers by the other, because the winds and currents are variable on that coast, so that towards the winter months, the vessels cannot sometimes get in in two or three months, and the voyage at all seasons in the year outward bound very uncertaine, whereas the passage to Berbados and Leeward Islands and Jamaica is more certain by reason of the Trade Wind. Signed, Micajah Perry and fifteen others. Endorsed, Recd. Read Feb. 25, 1702/3. 1 p. [C.O. 323, 5. No. 4.]
Feb. 25. 377. Sir Jeffrey Jeffreys to the Council of Trade and Plantations. Whereas your Lordships in your Report upon the Memoryal of Sir Jeffrey Jeffreys are pleased to represent that the packet-boats intended to be sett up at New York shall stay there but five days, the said Jeffrey Jeffreys does humbly pray that your Lordships will be pleased to consider whither it may be of more service to her Majesty and subjects that the first and second of these packett-boats may stay there thirty days, at least the first, in which time an account may be had of the state of affairs at New England, Virginia and Maryland, and the parts adjacent, which cannot be expected by the following packett under four months, and there being no ship likely to come from New York in that time, and for the following packetts such orders may be taken as your Lordships shall be pleased to direct. Unsigned. Endorsed, Recd. Read Feb. 25, 1702/3. 1 p. [C.O. 323, 5. No. 3; and 324, 8. p. 219.]
Feb. 25.
378. Journal of Council of Trade and Plantations. Orders of Council, Jan. 21, read, and a letter thereupon writ to Col. Quary.
Letter to the Earl of Nottingham upon the proposal of Sir Jeffry Jeffrys signed. And Sir Jeffry afterwards laying before their Lordships a Certificate signed by several merchants that it would be for the conveniency of Trade and Correspondence, that those Packet Boats be permitted to stay 30 days at New York, together with a further Memorial desiring that the two first packet-boats may be permitted to stay there that time, a postscript was added to the said Letter to the effect that the first only may have that permission.
A letter from Mr. Merret to the Secretary and answer thereto directed.
Mr. Micajah Perry laying before the Board a Memorial about H.M. arms etc. for Virginia, a Representation was signed.
Letter to Mr. Burchet from the Secretary approved.
Circular Letter to the Mayors of the Out Ports approved.
Feb. 26. Letter to Mr. Attorney General, writ by the Secretary, was delivered to Mr. Champante that he may procure an answer.
Draught of a Charter for importing Naval Stores from New England, corrected and amended according to the resolutions of the Board thereupon, was read and ordered to be transcribed, and directions were also given for preparing a Representation wherewith to lay the same before H.M. [C.O. 391, 15. pp. 446–450; and 391, 97. pp. 165–170.]
Feb. 25. 379. Minutes of Council of Maryland. Governor Nicholson's letter of Jan. 27 read.
Capt. Nathaniel Bostock's letter of this day's date read, requiring a storehouse, and that the Government would take care about careening H.M. Eagle advice-boat in May. Referred till to-morrow.
George Parker, Sheriff of Calvert County, excused from Mr. Plater's complaint.
Feb. 26. Governor Lord Cornbury's letter read, giving an account in what ill condition the Forts are there, and desiring the President to take such measures with the Council that the Quota ordered by his late Majesty be ready early in the Spring. Reply ordered to be written signifying that upon receipt of H.M.'s letter, the General Assembly have voted 300l., which when his Lordship shall require will be paid.
Sir Thomas Lawrence's petition read, that Col. Henry Darnall, Keeper of my Lord's (Baltimore) seal, be commanded to seal and send in certain patents kept back by him upon which fees were due to Sir Thomas. Col. Darnall was summoned, but there not being a full Council, nothing was done. Ordered that he be requested to send the Patents in by the end of March to the Secretary's Office, otherwise the Board will be obliged to joyn with H.M. Secretary in making Representation of this matter.
Capt. Bostock [see Feb. 25] was informed that whereas he had been credited by the Council for 100l. sterl. for which he had passed his bond to H.M. Receiver, he is expected to call at Puttuxent and pass his Bills upon the Victualling Office for the said sum. He was told that there are some claims against him by private persons which he had refused to comply with, the one by the Widow Norwood and the other for a sloop, but that out of respect for H.M. Service, the President had forbid the Sheriff from arresting him.
The warrant given by the President to Capt. Bostock for impressing his complement of men was approved of.
Petition of Capt. Wm. Blaires, Commander of the Providence. read. Ordered that Capt. Bostock be directed not to impress any of his sailors, he having but six men and two French prisoners. Capt. Bostock said he had not yet got his complement of men, but would do his endeavour the first fair wind and weather to sayle for Virginia. The President told Capt. Bostock that his men had not discreetly behaved themselves in impressing according to the warrant, for that they had made such a noise they had given an alarum to such men as might have been had for the service, and getting drunk, had lett others go which they had taken.
Richard Beard's account referred.
Mathew Beard's petition read. Ordered that he officiate as water-bayliffe or Marshall of the Western Shore till further order.
Mrs. Ellianor Tubman's petition read and recommended to the Vestry of All Faith's Parish in St. Mary's County to allow what they think reasonable for Mr. Tubman's service, if not as Minister, yet as Reader.
Lt. Col. Holland having a claim of 6,070lb. tobacco from Col. John Coode, late Sheriff of St. Mary's County, 1695, ordered that Col. Coode's bond be assigned to him to be put in suit for the recovery of his demand. [C.O. 5, 745. pp. 14–19.]
Feb. 25.
380. Minutes of Council of the Massachusetts Bay. H.E. acquainted the Council that by letters from Capt. March and Capt. Turfrey he was advised that three French Officers from Quebeck had been lately at Sagadahock and parts thereabout, and called a Council of the Indians, demanding that they should rise upon the English, which they refused to do, saying the French could not supply them, and that they had their dependance upon the English. And H.E. proposed that he would write to invite the Indians to come and plant near the English fortifications, or on some Island adjacent, and that in case the French shall make any insult upon them, we would support and cover them. He further acquainted the Council that he accounted it an affaire of great import to the quiet and safety of these Plantations, more especially at this time, to remove the French from Port Royall, and to reduce that place, the French King having appointed M. Brouillan, Governor of Plesentia, to reside there, with a particular design to hurt and annoy these Plantations and to instigate the Indians against the English; and recommended it to consideration and to be kept private.
Accounts of garrison wages etc. referred to a Committee.
4l. paid to Richard Cheever for going twice with expresses to Piscataqua.
80l. 5s. 5d. paid for wages to Capt. William Wormal and Company at H.M. Fort at Cascobay, April 25–July 22, 1702.
14l. 2s. 10d. paid for wine, candles for illuminations, and other expenses upon the arrival of the great, good and joyful news of the success of H.M. Royal Navy at Viego, and on the 6th Feb., being H.M. birthday.
50s. paid to Thomas Howe of Marlborough for his travail and expenses in a journey to Quabaag and charges upon several Indians by him brought down by H.E. special directions, to prevent a quarrel arising between them and the English, referring to claim of land.
5l. 11s. 9d. paid to Thaddeus Maccarty for his disbursements for Doctor's nursing and tendance of a French prisoner of war in his sickness of the small-pox.
5l. 0s. 10d. paid to Major Benjamin Davis for charges of carriage and storage etc. of 39 barrels of the public stores of gunpowder to the Castle.
Ordered that all the powder now in the storehouse of Arthur Mason be carried to the house of James Allen, and that a suitable person be appointed to look after it.
Josiah Wolcot was granted leave to erect a timber building with a flatt roofe on his new wharfe lately built in addition to Scarlet's Wharffe in Boston. [C.O. 5, 789. pp. 482–484.]
Feb. 26.
381. J. Moore to the Council of Trade and Plantations. Col. Quary having, whilst in England, left a memorial before that Board in relation to my service to the Crown for five years past, and soe often troubling your Lordships on that head, I only beg leave by this to remind your Lordships thereof, and to know your results, and have desired my brother to attend accordingly. Signed, J. Moore. Endorsed, Recd. Read June 18, 1703. 1 p. [C.O. 5, 1262. No. 25.]
Feb. 26.
Admiralty Office.
382. Josiah Burchett to William Popple. The letter which I received from you this morning by direction of the Lords of the Council for Trade, has been taken into consideration; and in answer thereunto I am commanded by H.R.H. to acquaint you that a fourth and fifth rate will be appointed to convoy the trade bound to Newfoundland in April and to call for hem at Portsmouth and Plymouth as the Merchants propose, and that two ships of like rates will be furnished in June; but in regard H.M. Order in Council directs, that no outward bound ship or vessell shall be permitted to proceed, till such time as they have furnished men for the Fleet, vizt., the one quarter part of what they are designed to saile with if cleared at the Custome House, and the one half, if not, they cannot be permitted otherwise to depart from England, unless H.M. will be pleased to give directions therein. And in regard there are many pressing services which call daily for H.M. ships, I am further to acquaint you for the information of the Lords of the Council for Trade, that H.R.H. cannott admit of the sending a convoy with the trade bound to New foundland from Portugal; nor was it known all the last warr, that any such convoy was desired. Signed, J. Burchett. Endorsed, Recd. Feb. 27, Read March 1, 1702/3. 1¾ pp. Annexed,
382. i. Mem. Upon the Representations of this Board in 1696 one convoy was appointed for the salt ships of the South Channel and another for the North Channel, to saile with those ships from hence to Portugal and from thence to Newfoundland. [C.O. 194, 2. Nos. 97, 97.i.; and 195, 3. pp. 178, 179.]
Feb. 26.
383. William Popple to the Attorney General. It having been represented to the Council of Trade and Plantations by the enclosed Memorial, that John Nanfan, late Lieut.-Governor of New York etc., has been there arrested in several actions not only in H.M. name, but also in the names of John Graves and of Roger Prideaux, and that he was under apprehension of several other actions, which would confine him to that Province, and their Lordships observing that the actions brought by Graves and Prideaux, each for 2,500l., are grounded upon warrants passed by Nanfan as L.G. and with the advice of the Council, and considering that it may be requisite that the respective Governors of H.M. Plantations do, upon their being discontinued in their Governments, repair to H.M. presence to give account of their administration, they desire your opinion (1) How far the Governors of H.M. Plantations, so discontinued are lyable to be arrested and prosecuted in the said Plantations by particular persons for any commitments or proceedings which were ordered or directed by them as Governors? (2) Whether Graves and Prideaux have just cause of action against Nanfan upon the said proceedings against them? (3) What remedy there is for Capt. Nanfan or other Governors in such cases as above, as also for the Parties aggrieved or pretending so to be? [C.O. 5, 1119. pp. 384, 385.]
[Feb. 26.] 384. Petition of Jews of Jamaica to the Queen. The humble petition of Antonio Gomez Serra, Andrew Lopez and Moses de Medina in behalf of the Hebrew nation inhabiting in the Island of Jamaica, sheweth that for the better peopling and setling the Island of Jamaica, an Act passed in September, 1683, impowering the Governor for the time being to grant Patents of Naturalization to all forreigners and aliens who should settle in the Island. Under the security of the said Act, the Jews have transplanted themselves to the said Island, and have everyone of them taken out Patents of Naturalization as is directed by the said Act, tho' in the several Governments of Sir Thomas Lynch, my Lord Vaughan, my Lord Carlisle, the Duke of Albemarle and my Lord Inchiquin, it was endeavoured by some invidious persons, not friends to the publick good, to have them taxed more than their neighbours, yet none of the said Governours could ever be prevailed upon to break through the law and their Patent of Naturalization; but in Sir William Beeston's Government they were taxed seperatly, and considerably over and above the proportion their neighbours paid, upon which being obliged to apply for relief to his late Majesty of blessed memory, an order was transmitted to the Governor requiring him to use them gently and prevent for the future any such cause of complaint; but notwithstanding the said Order and their Patent of Naturalization, an Act is lately passed in the Assembly intituled an Act for raising severall sums of money to discharge the publick debts and providing funds for the safeguard of the said Island, whereby towards the raising of the sum of 17,808l. over and above the share and proportion to be paid equally with the rest of the inhabitants, the sum of 2,500l. is impossed on the Jewish nation, with the penalty of 500l. more in case of failure of the punctual payment thereof; which severe and unequall proceedings against the said Jews, is such a discouragement to them, that they must be forced to leave ye Island or be ruined, unless relieved by your Majesties most gracious interposition, they in the whole not exceeding eighty families, and of those not above twelve of any considerable subsistence or in a condition to contribute to the said extraordinary tax. Your petitioners therefore most humbly impore your Majesties royal interposition on their behalf, to prevent their destruction and extirpation, and that your Majesty will be graciously pleased to give such directions therein as in your princely wisdom shall seem meet for their relief. Annexed,
384. i. Sir Charles Hedges to the Council of Trade and Plantations. Jan. 26, Whitehall. Her Majesty having been moved upon this Petition, is graciously pleased to referr the same to the Lords Commissioners of Trade and Plantations, to examine the allegations therein contained, and to report their opinion, what may be fitly done therein, whereupon her Majesty will declare her further pleasure. Signed, C. Hedges. The whole endorsed, Recd. Read March 3, 1702/3. 1¼ pp. [C.O. 137, 5. Nos. 98, 98.i.; and 138, 10. pp. 411–414.]
Feb. 27. 385. Minutes of Council of Jamaica. The Governor asked the opinion of the Board what should be done in relation to the privateers in regard he heard that severall of them were endeavouring to get off the Island, whether he should give them Commissions, or noe, and soe suffer them to goe and get something for themselves. The Council unanimously advised that in regard they have little or nothing to subsist on shoar, it would be better to let them goe out then that they should desert and soe be quite lost to the Island, provided the Captains give it in their security not to take into their vessels any but seafaring men.
The Receiver General's accounts were audited and entered. [C.O. 140, 6. p. 132.]