The General Assembly being then setting, H.E. acquainted
the Council that he appointed a General Council to meet upon
Thursday, March 18, for the nomination of civil officers.
H.E. acquainted the Council that he had a matter to open
to them, which he expected their secrecy in, on their oaths as
Councillours. And then recited the proceeding of the last
Court of General Sessions of the Peace held at Charlestown within
the County of Middlesex in dismissing of Timothy Phillips, late
Sheriffe of the said County, without a trial, being bound over to
answer what should be objected against him on H.M. behalfe,
particularly for seditious and threatening words against the life
of H.M. Governour of this Province, which the said Phillips reported
to have been uttered [sic], as contained in his recognisance and
the evidences, which were read. And then [H.E.] askt the advice
of the Council, who are of opinion that the Justices of the said
Court have neglected their duty in dismissing of the said Phillips,
and advised that the said Justices do convent Phillips before
them and bind him over to the next Superior Court of Judicature
and Assize to be holden within the said County to answer what
shall be objected against him relating to the said words. [C.O. 5,
789. pp. 490, 491.]
433. Minutes of Council in Assembly of the Massachusetts
Bay. H.E. communicated to the Council the application made
to him by some considerable number of the members of this
Court, that the Court might sit at Cambridge or elsewhere, as
H.E. should think fit, they being fearful to come into Boston by
reason they have not had the small-pox, and come fresh out of
the country, that distemper having lately prevailed much in
Boston, and the Town not yet quite clear thereof; also that
the house of Mr. Stephen Minot in the occupation of John Walker,
situate at the further end of Boston Neck, remote from the body
of the Town, had been proposed to him as accommodable to
entertain the Court. Representatives sent to view the House.
The following Representatives took the oaths appointed, and
repeated and subscribed the Declaration:—
County of Suffolk.|
Boston, Samuel Legg.
Capt. Samuel Checkley.
Capt. Ephraim Savage.
Roxbury, William Denison.
Dorchester, Hopestil Clap.
Milton, George Sumner.
Brantery, John Baxter.
Weymouth, Capt. Stephen French.
Hingham, Lt. Theophilus Cushing.
Dedham, Capt. Daniel Fisher.
Wrentham, Samuel Fisher, jr.
Medfield, John Thurston.
Mendon, Capt. Josiah Chapin.
Woodstock, Phillip Eastman.
County of Hampshire.
Springfield, John Hitchcock.
Northampton, John Clarke.
Hatfield, Eliezar Frarey.
Hadley, Thomas Hovey.
Westfield, Capt. Isaac Phelps.
County of Essex.
Salem, Josias Wolcot.
Capt. Samuel Gardner.
Lynn, Lieut. John Peirson.
Marblehead, Richard Trevet.
Beverly, Isaac Woodberry.
Wenham, Thomas Patch.
Ipswich, Nehemiah Jewett.
Rowley, Capt. Joseph Boynton.
Newbury, Capt. Stephen Greenleafe.
Salisbury, Isaac Morrels.
Amesbury, John Kimball, senr.
Bradford, Capt. David Haseltine.
Haverhill, Lieut. John White.
Andover, Capt. James Frye.
Topsfield, Capt. John Gold.
Glocester, Capt. James Davis.
Boxford, William Foster.
County of Middlesex.
Charlestown, Samuel Heyman.
Cambridge, Thomas Oliver.
Watertown, Joseph Sherman.
Sudbury, John Balcombe.
Marlboro', Capt. Henry Kearley.
Malden, Edward Sprague.
Newtown, James Trobridge.
Bilrica, James Frost.
Woobourne, James Converse.
Medford, Lieut. Thomas Willis.
Sherbourne, Thomas Sawin.
Concord, Nathaniel Billings.
Chelmford, Nathaniel Hill.
Reading, Major Jeremiah Swane.
Framingham, John Haven.
County of York.
Kittery, Samuel Winkley.
County of Plymouth.
Plymouth, James Warren.
Situate, Thomas King.
Duxborough, Edward Southward.
Marsfield, Capt. Nathaniel Winslow.
Bridgewater, Edward Fobes.
County of Barnstable.
Barnstable, Lieut.-Col. John Goreham.
Sandwich, Major William Bassett.
Yarmouth, Thomas Sturgis.
Eastham, John Done.
County of Bristol.
Bristol, Nathaniel Blagrove.
Rehoboth, Stephen Payne.
Taunton, Benjamin Crane.
Little Compton, John Palmer.
Island of Nantucket.
H.E. directed them to choose a Speaker, and they reported
that they had made choice of James Converse for their Speaker,
and John White for their Clerk. H.E. declared his acceptance
of those gentlemen.|
The Assembly having been summoned, H.E. addressed the
Court:—I did not expect when I parted with the Assembly
in November that I should have maintained a quiet upon the
frontiers thus long, but I am sensible that notwithstanding there
is no infraction of the peace, that the pressing instances of the
French by their officers and Jesuits that are amongst the Indians
are such that it is not possible for them to withstand their
importunity to break with us, unless we have a considerable force
in the Province of Mayn, who may be a security for them, and
a guard over them, the charge whereof must be provided for.
I laid before the last Assembly H.M. commands for the rebuilding
the Fort at Pemaquid, which was also the command of the late
King, and that Assembly went so far in that affair as to direct
a Committee of both Houses to attend me to the place, who
made their report, advising to go forward in that worke, and
their return was accepted and agreed to in the Council, but
refused by the Gentlemen of the House of Representatives. It
is H.M. pleasure that all possible methods be used to persuade
you to an obedience herein, with H.M. most gracious encouragement that no ordnance nor stores shall be wanting towards the
finishing and maintaining the same. The last Sessions ordered
Five thousand pounds Bills of Credit to be issued by the Treasurer
to pass in publick payments, and for their security enacted that
the next Assembly should raise six thousand pounds for their
repayment, which is therefore now to be done.|
I must also recommend to your care the lines drawn before
the Town of Boston, which reach from the Batteries at each
point. It was at first a very good projection and security to
the harbour and town, but it is now become a nuisance, and will
at length serve only to destroy the Harbour and spoil the shipping.
You will please to consider either to put it upon the present owners
to repair it, or upon their submission of it, to dispose it to a new
Company, that it may not be a mischief to us. There remains
but a little to be done at the Castle, which, as Col. Romer and
the Commissioners acquaint me, may be finished before midsummer, and that noble work will be perfected, for which this
Province ought to have its just reputation, and as my duty is,
I shall so represent it to H.M. I desire your concurrence
for the supply, that no time may be lost, and when I am
there free of workmen and materials, you shall see the
Government and care of that Garrison in its proper posture in
I am often solicited and spoken to referring to the Colledge
at Cambridge. I am sorry for the mistakes of this Government
at any time in that affair. If there be anything that imports
me referring to it, when it shall be communicated, I shall very
freely do my duty to lay it before H.M., and in everything referring
to the good and peace of this Province exert myself to the utmost,
and hope the same of everybody in their proper stations. There
are very few places without some ill-minded men that would be
glad to see all things in confusion, and to that end would create
misunderstandings and prejudices in the minds of H.M. good
subjects against Her own Government. I hope your unanimous
and cheerful obedience in the Queen's service will disappoint the
ill-designs of such men, who, with a pretence of friendship to this
countrey, are their worst enemies, and whilst H.M. most sacred
Majesty is successful and victorious everywhere, would have her
defeated and disappointed here of the just duty and service of
her own people. I must desire a very speedy dispatch of these
affairs, because if I have forces to the eastward, I must be near
them, and I think it necessary for me to see the Indians there,
if possible to confirm them in their obedience to H.M., and their
dependence upon this Government.|
The Representatives desiring a copy of the Speech, it was
delivered to them.|
It was proposed to the Representatives that a Joint Committee
be appointed to summon a meeting of the Proprietors of the
out-wharfs in Boston, and to consider of methods for the raising
and supporting of them, and what may be thought necessary
to be done by this Court in laying of such toll and dutys on vessels
lying to or within the same as may support the charge thereof.
[C.O. 5, 789. pp. 792–796.]|
434. Council of Trade and Plantations to H.M. Enclosing
the following. Signed, Weymouth, Dartmouth, Ph. Meadows,
Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. Annexed,
434. i. Draught of Instructions for John Seymour, CaptainGeneral and Governor in Chief of Maryland. Members
of Council:—Thomas Tench, John Addison, Thomas
Brook, Robert Smith, John Hammond, Francis Jenkins,
Edward Lloyd, William Holland, James Saunders,
Kennelan Chittleton, William Coursey, Thomas Erinals
and Robert Quary. Quorum of 5. Governor to take
¾ths of the moiety of impost of 2s. per hhd. of tobacco,
the remaining ¼th to be applied to maintaining a constant
magazine with arms and ammunition. The Governor
to receive the 3d. per hhd. on tobacco for his better
support during his government, if the Assembly continue
that duty. Lord Baltimore's Agents to be allowed
to collect the other moiety of the 2s. per hhd. for his
use as Proprietor. All tobaccos shipped in Maryland,
from what part soever they come, to pay Maryland
duties. Appeals to be allowed from inferior Courts to
the Governor in Council (no limit specified), "wherein
such of our Council as shall be at that time Judges of
the Court from whence such appeals shall be made,
shall not be admitted to vote upon the appeals, but
they may nevertheless be present at the hearing thereof
to give the reasons of the judgement given by them
in the cause." Appeal from the Governor and Council
to H.M. in Privy Council to be allowed, provided the
value appealed for exceed 300l. sterl., and that such
appeal be made within 14 days after sentence and good
security given by the appellant etc., and provided that
execution be not suspended by reason of any such appeal
unto us. And inasmuch as it may not be fit that appeals
be too frequently and for too small a value brought
unto our Governor and Council, you shall therefore
with the advice of our said Council propose a law to
be passed wherein the method and limitation of appeals
unto our Governor and Council may be settled and
restrained in such manner as shall be most convenient
and easy to our subjects in Maryland. Appeals also
to be admitted to H.M. in Council in all cases of fines
imposed for misdemeanour, provided the fines so imposed
amount to or exceed 200l., the appellant first giving
good security that he will effectually prosecute the
same, and answer the condemnation if the sentence
be confirmed. The other instructions follow the lines of
those summarised in the case of other Governors. See
Cal. A. &. W. I. May 12, 1702. [C.O. 5, 726. pp.
435. Draught of Instructions for Governor Seymour relating
to the Acts of Trade and Navigation. [C.O. 5, 726. pp. 222–253.]
436. Sir Edward Northey to the Council of Trade and
Plantations. In obedience to your Lordships' order Feb. 4,
I have considered of an Act of the Leeward Islands for naturalizing
Colonel Walter Hamilton of Nevis, and I do not see any objection
against allowing an Act of Naturalization made in the Plantations,
since the effect of it will be only to make him a natural born
subject there, and he cannot take advantage of such naturalization
in England, but if he come hither he will be an alien here,
notwithstanding this Act; if the Colonel before making the Act
(while an alien) had purchased any lands they would belong to
the Crown, an Alien being capable of taking only for the benefitt
of the Crown. But this Law gives away the Queen's right to them,
it not only enabling him to purchase after the Act, but to hold
what he has acquired before making it, but in regard (as it appears
by the Act) that he was born of English parents (in which case,
if his father were beyond sea in the account of trade, he is a
dennizen without this Act). Whether in consideration thereof,
and of the service he hath performed to the Crown (taken notice
of in the Act) your Lordships will not think it reason to advise
H.M. to approve of the Act, I humbly submit to your Lordships'
consideration. Signed, Edw. Northey. Endorsed, Recd. 19th,
Read March 23, 1702/3. 1 p. [C.O. 152, 5. No. 18; and 153, 8.
pp. 153, 154.]
437. Journal of Council of Trade and Plantations. Upon
further consideration of the Act of St. Christopher's mentioned
yesterday, their Lordships gave directions for preparing a letter
to Col. Codrington upon that subject.
Representation wherewith to lay before H.M. the draught of
Col. Seymour's Instructions for the government of Maryland,
together with another draught of Instructions relating to the
Acts of Trade and Navigation signed.|
Their Lordships took into consideration the draught of a report
to be made upon the Lord Cornbury's letters relating to New
York, and made some progress therein.|
In pursuance of the minutes of March 8, the Secretary laid
before the Board an extract of what has been allowed to the
Governors of several Plantations for the transportation of themselves and families to their respective governments, whereupon
he was ordered to certify the truth thereof and deliver the same
to Col. Seymour.
Mr. Cobb, the Solicitor, brought to the Board the Acts of the
Assembly of Mountserrat, which were sent to Mr. Attorney General,
Jan. 29, together with his report upon one of them.|
Letter to Mr. Secretary Hedges signed.|
Mr. Thrale and Capt. Matthews laid a paper before the Board,
which was read. Ordered that a copy of the first part, relating
to respites, be sent to Mr. Champante for his answers on Monday,
if he have anything to object, why that money should not be
stoped in the Paymaster's hands towards the recruiting of the
Foot Companies at New York. And whereas the latter part of
the paper does relate to the clearings and other accounts of the
officers with Capt. Nanfan, those gentlemen were told that they
ought to make their application either to the Pay-Office, or where
else they may think proper.|
Ordered that the Secretary do send to Mr. Burchet an abstract
of the several letters lately received from the out-ports. [C.O.
391, 16. pp. 21–25; and 391, 97. pp. 209–213.]|
St. Jago de la Vega.
438. Minutes of Council of Jamaica. Upon reading a letter
from H.E. James Moor, Governor of Carolina, giving an account
of their retreat from St. Augustine's, their designe of a second
attempt, and praying liberty to deteyne the mortar and stores
accommodated to them by the hands of Col. Daniell, it was
ordered that six months longer time be given.
19l. 8s. 3d. paid to Henry Piers for petty expenses in H.M.
Ordered that the Receiver General pay to Lt.-Gov. Tho.
Handasyd 250l. due to him for a quarter's salary.|
Ordered that 30l. supplied by H.E. to the Captain of the two
companies from New England be repaid to him.|
18l. paid to Col. Charles Knight for liquors etc. on the reception
of the late General Selwyn. [C.O. 140, 6. pp. 133, 134.]|
439. Journal of Assembly of Jamaica. Act to invest H.M.
in land in Kingston read three times and passed with amendments,
and sent up.
Act for quartering the soldiers was read and recommitted.|
Bill confirming the will of John Thomas was read three
Resolved that a clause be brought in to prevent any of the
inhabitants of this Island from listing or being listed in any of
the regiments under pay in this Island.|
Upon reading the Act to prevent the exportation of arms,
provisions etc. the question was put whether that whole Bill
should be repealed or only part of it. Resolved, only part.|
Upon debate whether a Bill be brought in for the raising the
value of money for the prevention of the sending it off the Island,
resolved in the negative.|
Petition of William Bethell and others being read, ordered
that a Bill be brought in to appoint Commissions to inspect the
accounts of the Constables, Churchwardens, and others concerned
in the receipt of the taxes for the wall and wharfs at Port Royal,
and to sue for the money by them received on that account, and
to pay the same in proportion to the petitioners and other
Bill for quartering H.M. soldiers was read and passed the first
Bill confirming the will of Anne Archer was committed.|
Report of the Committee upon the taxes of Port Royal was
delivered. And see preceding abstract under date.
Bill for quartering the soldiers read a second time, it being
resolved that the officers should not be granted subsistence.|
James Archbold reported that upon examination Dr. Samuel
Mayo was ready to secure the Legatees of their Legacies in Mrs.
Ordered that the fees for the private Acts be 10l. for each
to the Speaker, 6l. to the Clerk, and 4l. to the Messenger.|
Bill to invest H.M. in land etc. read a third time with
Amendments to the Bill for confirming the will of Anthony
Wood concurred to.|
Resolved, that the members that do not pay their parts towards
the entertainment of the Governor and Council lie under the
censure of this House. [C.O. 140, 7. pp. 10–16.]|
440. A. Skene to the Council of Trade and Plantations.
Enclosing Quarterly Minutes of Council and Assembly of Barbados.
Signed, A. Skene. Endorsed, Recd. 21, Read May 27, 1703.
1 p. Enclosed,
440. i. Memorandum of Minutes of Council of Jamaica, Nov. 24,
1702–Feb. 16, 1702/3. ¼ p.|
440. ii. Memorandum of Acts of Jamaica, Dec. 23, 1702–Jan. 21, 1702/3. ¼ p. [C.O. 28, 6. Nos. 96, 96.i. ii;
and 29, 8. p. 305.]|
441. William Popple to John Champante. The Council of
Trade and Plantations having received from Mr. Thrale and Capt.
Matthews a state of the respits in Capt. Nanfan's hands pursuant
to their directions of the 10th, send you the inclosed copy thereof
for your answer on Monday next, if you have anything to object
why that money should not be stopt in the Paymaster's hands,
towards the recruiting of the Foot-Companies at New York.
[C.O. 5, 1119. pp. 417, 418.]
442. William Popple to Josias Burchet. The Council of
Trade and Plantations having lately received letters [March 3]
from several out-ports concerning the ships preparing for the
fishery at Newfoundland in case they can have protections for
their men, and convoys time enough, enclose abstracts etc.
442. i. Abstracts of Letters from the Out-Ports. Bristol
design to send 0 ships to Newfoundland this year,
Biddiford 5, Barnstable 5, Fowey 1 via Portugal,
Plymouth 2, if there be convoy, Dartmouth 6, more
were designed, but hearing nothing of convoy, they
were not got ready; Exeter 22, Weymouth none,
Poole 6. [C.O. 195, 3. pp. 183–187.]|
443. A State of the Respit-Money, Clearings etc. in Captain
Nanfan's hands. Endorsed, Recd, from Mr. Thrale and Capt.
Mathews. Recd. Read March 12, 1702/3. 1 p. [C.O. 5, 1048.
444. Sir Edward Northey to the Council of Trade and
Plantations. In answer to queries of Feb. 26. I am of opinion
that the Governors of H.M. Plantations when discontinued may
be arrested and prosecuted in the said Plantations by particular
persons for arbitrary and illegal imprisonments and other
proceedings without probable cause for doing the same; but
I am of opinion that on the fact stated by the memorial, and
appearing by the affidavits of Lawrence Quinoe, John Dogett
and Charles Macarty, Graves and Prideaux have no just cause
of action against Mr. Nanfan for the proceedings against them,
there appearing sufficient ground for him and the Council to
doe what they did against Graves and Prideaux. However,
the actions being brought, Mr. Nanfan must answer to the same,
and defend himself against them by shewing the grounds for his
proceedings, which will justify him, though the accusers of Graves
and Prideaux might misinform the Deputy Governor, who will
be justified by the accusation of them on oath, and it will be
necessary to make his defence particular, and not plead not guilty
generally. If Mr. Nanfan were in England, the parties grieved
might sue him here in an action for false imprisonment, and by
II William 12, the Queen may in England indict the Deputy
Governor for any misdemeanours committed by him during his
government, and may bring him to an account here for any
moneys he hath received belonging to H.M. Signed, Edwd.
Northey. Endorsed, Recd. Read March 16, 1702/3. 1 p. Enclosed,
444. i. Copy of Queries referred to in preceding. 2 pp. [C.O. 5,
1048. Nos. 36, 36.i.; and (without enclosure) 5, 1119.
445. Sir Edward Northey to the Council of Trade and
Plantations. In obedience to your Lordships' Order of Reference,
January 29th, I have considered of an Act passed in an Assembly
at Mountserrat June 13th last, entituled an Act for quieting Men's
estates etc., and do humbly conceive the same is lyable to several
exceptions. 1st. For that this Law being perfectly new in
Mountserrat, three years seems but a short time to allow to persons
to claim, who may not know that there is such a Law. In
Jamaica seven years time has been allowed, but in Barbadoes
two years time only has been allowed. 2dly. The designe of this
Act is to quiet the present possessors of Plantations in Mountserrat,
but has no regard to the future quiet of the Island, by providing
that in all times hereafter all suits shall be prosecuted in a certain
time as is usuall. 3dly. The Act is not well penned, it being that
not only all persons that had right when the Act was made, should
enter or prosecute within three years after the date of the Act,
but that all persons that should thereafter have any title should
sue within three years after the date of the Act, the words (or
hereafter shall have any title) should have been omitted, or after
the words (within three years after the date hereof) should have
been added (or within three years after the title accrewed). As
it is worded it may be doubted if he to whom a title accrews
within three years after making the Act, is not obliged to enter
or claim within those three years, though his title may accrew
but half a year before the same are expired. The clause after
is restrained to persons intituled before making the Act, and
may well expound the other clauses, though it had been better
that the foregoing clauses had not wanted such explanation.
In the provisoe for saving the rights of madmen, women etc.
the rights of persons out of the Island are not saved, but I find
it hath not been usuall to except such, and Laws of the like nature
for Barbadoes and Jamaica have been allowed, without giving
longer time to persons out of the Plantations to claim, than
was allowed to persons present there. On the whole matter, I
am humbly of opinion it will be advisable for a new Act to be
passed which may not be liable to such objections as are to this,
and which may limit the time of suit and entrys by future as
well as present titles. Signed, Edw. Northey. Endorsed, Recd.
12 March, Read May 4, 1703. 1¾ pp. [C.O. 152, 5. No. 19;
and 153, 8. pp. 169–172.]
446. Council of Trade and Plantations to Sir Charles Hedges.
In obedience to H.M. pleasure upon a petition in behalf of the
Jews inhabiting in the Island of Jamaica, complaining of hardships,
which they sustain, having been lately taxed as a collective body
in the sum of 2,500l. beyond the proportion according to which
each person is singley taxed in the same manner as the other
inhabitants, we desire you would be pleased to represent to Her
Majesty that we humbly conceive that these people behaving
themselves peaceably, and living conformably to the laws of the
Island may deserve H.M. protection, and that H.M. may be
graciously pleased by her letters to direct the Governor of Jamaica
for the time being, to doe all that in him lyes that they be kindly
used, and that their taxes may not be unreasonable or oppressive.
Signed, Weymouth, Dartmouth, Ph. Meadows, Wm. Blathwayt,
John Pollexfen, Mat. Prior. [C.O. 138, 10. pp. 418, 419.]
447. Minutes of Council in Assembly of Jamaica. Bill to
invest H.M. in land in Kingston sent up with amendments engrossed
was read twice and passed by the majority part.
Bill for confirming the will of Antho. Wood was read a third
time with amendments, passed and sent down.
The Bill to invest H.M. in land etc. was read a third time,
and a further amendment proposed, upon which a conference
with the other House was proposed. The House agreed to the
amendment. The Bill was read a third time and passed.|
The Governor sent a message to the Speaker that he required
the Minutes of the House from the last Minutes to be sent to
Ordered that Mr. Morton be sent for pursuant to the former
Order of Feb. 20 to be here on Munday morning.|
Message from the Representatives desiring H.E. as Chancellor
to issue a Commission to John Blaire, Thomas Hudson, Edmond
Edlyne, Francis Rose and James Archbold, impowering them
or any three of them to administer an oath to the several and
respective inhabitants late of Port Royall, whether they have
paid their taxes to H.M. by the late Acts, or how much thereof.
The Council were of opinion that would best be done in a short
Act to that purpose. [C.O. 140, 6. pp. 449–451.]|
448. Minutes of Council in Assembly of the Massachusetts
Bay. The Representatives thanked H.E. for his care of the
Province since the last General Assembly, and for his speech
made yesterday, and desired that it might be printed. H.E.
said he would consider of it.
The Committee appointed to consider the petition of the
inhabitants of Springfield on the West side of the river, praying
to have a proportionable privilege with the other inhabitants of
the town in the parsonage or ministry land, having settled a
minister on the West side of the River, made their report, which
was read. Upon a previous question first put, whether the
inhabitants on the West side of the River have not a proportionable
right in the ministry lands, purchased by the town, of Mr. Moxon,
it past in the affirmative. And it appearing that the said lands
are pretty equally divided by the River, resolved that the ministry
on each side of the river for the time being shall have the issues
and profits of the said lands respectively, lying on that side where
they live, and further ordered that the inhabitants living on the
East side of the river do advance and pay the sum of 50l.
towards the charge of building the meeting-house on the west
side of the river, deducting out of each person's rateable part
thereof so much as he has already freely advanced thereto.
This resolve was sent down to the Representatives for concurrance.|
Petition of Benjamin Ruggles, minister of Suffield, praying the
grant of 100 acres of land lying within a mile of the meeting-house
in the said town, and 400 acres more remote, reserved in the
laying out of the said town to the country's use, read and ordered
to be sent to the Representatives.|
Message sent up that the Representatives desired to have the
report of the Committees relating to Pemaquid. Ordered
Joint-Committee, proposed March 11, appointed.|
Order sent up by the Representatives that the Revd. Mr. Cotton
Mathers be treated with in order to be obtained for a resident
President of Harvard College, carried in the negative, and a
message was sent down that the Board could not accept a
President named by that House.
Report of the Committee appointed by the last Assembly
upon Pemaquid, was read and accepted by the Council.|
Resolve of the Representatives, that 500l. be allowed towards
fortifying Castle Island over and above what is already granted
to that end, which shall be improved in finishing those works
that are most necessary to be done for the present defence
of the same, particularly the platforms and carriages to be
done in the first place, was concurred with. [C.O. 5, 789.
449. Governor Nicholson to [? the Earl of Nottingham]. I
want words to express the very great satisfaction which I had
when I had the great honour of receiving your Lordship's letter
of May 7 with H.M. royal Declaration of War against France and
Spain, for that I found that your Lordship was restored to your
place of Chief Secretary of State, which your Lordship so very justly
and wisely managed in all affairs that even the very worst of
your enimys, whereof some were great and implacable ones, du[r]st
never publickly accuse you, and I question whether an Angel
from heaven could please ym. But the true and zealous sons
of the Church of England as by law established were sensible
that your enimys were so because that your Lordship was so
very great and able a supporter thereof etc. etc. Signed,
Fr. Nicholson. 1 p. [C.O. 5, 1340. No. 2.]
450. Governor Nicholson to the Council of Trade and
Plantations. Refers to letter of July 29. I was heartily glad to
hear that it pleased God that all the fleet arrived safe in England,
and Mr. Perry writes me that the fleet to these parts was not to
sail till, God willing, about July next. I herewith humbly submit
my proposals about the said fleet, goods etc. There will not be
left above 7 or 8 ships, 5 or 6 of which in Rappohanock, and
two in Potomock: most of them belong to Bristol; the others
to the Northern ports. Refers to Journal of Council re embargo,
and desires their Lordships' directions.
From the enclosed transcripts of letters, Orders of Council etc.
relating to Capt. Moody, your Lordships may please to see how
very strangely he hath behaved himself. For my own part I
heartily wish I never had, or should have anything to do with
the Captains of men-of-war, except it bee to do all I can for them
for H.M. interest and service. I have a great deal of trouble and
charge about them; but that I don't value, provided they would
be satisfied; but I hope in God that neither myself nor my successors
will have the like trouble with any that may succeed him. I
think he hath been very unfortunate in a certain affair, as likewise
in giving credit to reports that have been told him by certain
persons who knew, or ought to have done better. I have allready
lent him and his purser 400l. for victualling the Southampton,
and don't know but that they will want the other 100l. I am
so far from having advantage by it, that I may chance to be out
of my money three or four years; for I advanced 140 odd pounds
for careening H.M.S. Essex prize above two years ago, and my
correspondent Mr. Perry has not received the money yet, and
doth not know when he shall. None of the Captains of the
men-of-war can justly tax me for being any ways wanting to the
utmost of my power, and of not paying them that honour and
respect as became me towards them in the station in which they
were. I hope that your Lordships will get Capt. Moody's journal,
by which it will appear how little he hath cruised, notwithstanding
the orders of myself and H.M. Council for his so doing; and I
hear he makes his braggs that he hath made such critical
observations concerning the Government etc. in his said Journal,
that are worth, I think, either a thousand or ten thousand pounds.
But I suppose the greater summe is as likely as the less. The
favour I humbly beg of your Lordships is, that if he or any other
person or persons pretend to accuse me, they may be obliged
to give it under their hands, and allso to give security to prosecute
and abide the determination of the sentence wherever H.M.
shall be graciously pleased to order me to be tryed or heard.
And after I have cleared myself, which I desire may be before
your Lordships (for I hope in God I shall not be only able to
clear myself, but make my accusers appear to be the criminals),
then I shall pray that I may take my remedy at law against
I received your Lordships' letter of April 13, with H.M.
commands concerning the affair of New York, which I shall lay
before the Assembly, and according to my bounden duty I shall
use my best endeavours that H.M. royal commands may be
complied with by the Assembly, though I'm sensible that great
endeavours have been used by some persons to infuse strange
notions into the people's heads about sending men and money to
New York, and endeavoured what in them lay to have such
persons chosen Burgesses that would be against such a thing.
But I hope in God that they are and will be frustrated of their
evil designs and purposes. And I find that some persons are
never satisfied, whoever is in the Government, except they can
direct them, nay, I question if the Government was in their hands
whether they would not quarel among one another. Some
persons in our late Assembly endeavoured what in them lay to
have done by it as those in Scotland would have done by theirs,
only they made no publick protestation etc., but I thank God,
they were defeated as those were. The Committee for revising
the Laws have at last done, but considering the time of the year,
and no likelyhood of having a safe opportunity of transmitting
the Laws to your Lordships before the next spring, I don't know
whether the Assembly will go upon them now, or not. What
they have done, as likewise concerning the Capitol, your Lordships
may please to see in their Journal. H.M. Council and myself
formerly humbly represented to your Lordships the case of an
Attorney General and Clerk of the Council. Benjamin Harrison
hath for some time officiated as H.M. Council at law. He is
lately gon from hence to live about 40 miles off, and when I have
written to him to come hither, he hath twice made an excuse,
and says the salary of 40l. per annum is so small that he cannot
attend it; but indeed I dare not at present recommend him to
your Lordships that he may have the allowance of 100l. per
annum, as was humbly proposed by us to your Lordships that
the Attorney General should have. There is one John Holloway,
who is at present at Annapolis in Maryland, but is willing to
accept of being H.M. Attorney General here; but he is in hopes
that your Lordships will be pleased that he may have his salary
advanced to 100l. per annum. I am a stranger to the gentleman.
But he writ to me that Sir Simon Harcourt, H.M. Solicitor General,
would recommend him to your Lordships. I'm in hopes that
either he or some other gentleman, a good lawyer, will be appointed
by your Lordships and obliged to live at this place; or else H.M.
interest and service may suffer. As God Almighty hath hitherto
been graciously pleased to enable me to keep this H.M. Colony
and Dominion in peace and quietness, so my prayers and hopes
are that I shall be able to continue the same etc. Signed, Fr.
Nicholson. P.S.—I humbly desire your Lordships would give
directions about the Addresses to H.M. Col. Quary told me how
very extraordinarly he was obliged to your Lordships for so
many great favours and protections to him, and that your Lordships
had some thoughts of appointing him to be your Commissary
on this Continent. If in that or any other thing your Lordships
be pleased to imploy him, I will be his security etc. Endorsed,
Recd. 19, Read May 24, 1703. 3 pp. Enclosed,|
450. i. Col. Nicholson's proposals about convoys. Williamsburgh, March 13. The crops of tobacco in Virginia
happen to be much shorter this last year than has been
known for several years past; and yet above half of
that little which was made remains still in the country
for want of shipping. In Maryland their crop has been
better, but they labour under the same difficulties in
relation to shipping, they having half, if not more of
their tobacos left in the country, and like to be so,
unless some ships come to carry it off. The Aronoco
tobacco will spoil by waiting, the sweet-scented will
not be spoiled, but will lose weight, and so lessen H.M.
Revenue. There is at present some want of goods in
the country, especially of the coarser sort for cloathing
the ordinarly people. If these are not supplied by
shipping from England, the people may be forced to
go upon woollen and cotton manufactures as they
endeavoured to do last war when they were under such
circumstances, and here are discontented and designing
people in these parts of the world, and great pretenders
for liberty and property, who will be ready enough to
invent ways and means to live by themselves. For
the prevention of these inconveniences, it is humbly
proposed that a general leave be given throughout all
England for ships coming to Virginia and Maryland,
and that the merchants may be encouraged to send
as many as they can, both of ships and goods, especially
of the courser sort. The time for the ships sailing
from England is proposed to be about the latter end
of July or beginning of August, so that they may be here
before the winter sets in; this, as 'twill afford a timely
supply of goods to the countrey, so it will be an advantage
to the shipping, the winter being a very improper season
for coming upon this coast by reason of the bad weather
and north-west winds, wch. are generally that time
of the year, by wch. ships are often drove off the coast,
or suffer much by long passages. If the ships arrive
not here before the end of the year, it will occasion
another disadvantage to trade, to witt, that they may
not gett out again till the latter end of May or June,
nay, it may chance till July, and then the ships are not
only exposed to the wormes, but the health of the men
is also endangered. If the fleet should not come out
of England till towards the winter, or that there will
not be any considerable number of ships, then 'tis
humbly proposed that some advice-boat may be sent
to give an account concerning the ships, and which
will quiet the minds of the people, who upon such
occasions may have strange notions and apprehensions
of things, and frequently fancy and imagine the worst,
whereas when goods are plenty, and shipping in the
country to carry away all the Tobacco, the body of the
people are very easie, quiet and well satisfied. But
if it should so happen that we should have no certain
account of the Fleet some time in January, or the
beginning of February or March, that being the time the
Planters think of preparing for crops of tobacco, they
may endeavour to employ themselves some other ways,
and how prejudicial that may be to H.M. interest and
service is humbly submitted to your Lordships' consideration. Signed, Fr. Nicholson. Endorsed, Recd.
May 19, Read June 2, 1703. 2 pp.|
450. ii. Memorandum of Minutes of Council of Virginia,
Aug. 14, 1702–Feb. 24, 1703. ¼ p.|
450. iii. Memorandum of Minutes of Council in Assembly of
Virginia, Aug. 14–28, 1702. ¼ p.|
450. iv. Memorandum of Journal of House of Burgesses of
Virginia, Aug. 14–28, 1702. ¼ p.|
450. v. Copy of Laws of Virginia passed Aug. 14, 1702.
Endorsed, Recd. May 19th, 1703. 8¾ pp.|
450. vi. An Abstract of the Report of the Committee of Claims,
with an abstract of several allowances in money etc.
Aug. 14, 1702. 5½ large pp.|
450. vii. Duplicate of preceding.|
450. viii. List of tithables of Virginia. Total, 26, 245. Endorsed,
Recd. May 19, 1703. ¾ p.|
450. ix. Duplicate of preceding. ¾ p.|
450. x. Copy of Proclamation of War etc. Sept, 1702. 2¼ pp.|
450. xi. Duplicate of preceding.|
450. xii. Memorandum of Journal of Council of War, Virginia,
Oct. 22, 1702. ¼ p.|
450. xiii. Copy of Proclamations for proroguing the Assembly,
electing Burgesses etc. Aug, 1702, etc. 3¼ pp.|
450. xiv. Duplicate of preceding.|
450. xv. Memorandum of Journal of Committee for revisal
of the Laws of Virginia, Aug. 5–Nov. 13, 1702. ¼ p.|
450. xvi. Memorandum of Journal of Committee appointed
to inspect the Capitol, Aug. 6–Nov. 13, 1702, ¼ p.|
450. xvii. Copy of Loyal Address of the Officers Civil and
Military of Princess Ann County to the Queen. Signed,
Ben. Burrough, Edwd. Moseley, Adam Thorowgood,
Tho. Lawson, Henry Spratt, Sheriff, Solomon White,
John Richardson, Horatio Woodhouse, John Moseley,
O'Coke, Henry Chapman, Sub. Sheriff (Civil Officers);
Edwd. Mosely, Col. and Commander in Chief, Plomer
Bray, Lt.-Col., Adam Thorowgood, Major; Henry
Spratt, Horatio Woodhouse, John Moseley, O'Coke,
Henry Chapman, Capts.; James Davis, Tully Smith,
Wm. Smith, Edwd. Moseley, junr., Lieutenants. 2 pp.|
450. xviii. Copy of Loyal Address of the inhabitants of Stafford
County to the Queen. Signed, Robert Alexander, John
Washington, Mathew Thompson, Richard Haffacar [or
Hassacar ?], Wm. Bunbury, Thomas Harrison, George
Mason, Moses Lynton, John West, John West, jr., John
Peake, G. Mason, Will. Fitz-Hugh, Benj. Colclough,
Tho. Lund, Giles Travers, Alex. Waugh, Thomas Gillson,
Edward Hart, Charles Ellis, Philip Alexander, George
Andersen. 2 pp.|
450. xix. Copy of Loyal Address of the Grand Jury of Virginia
to the Queen. 1702. Signed, Peter Beverly, Foreman,
Miles Caryl, Wm. Robinson, Jno. Washington, Geo.
Eskeridge, Wm. Randolph, John Major, Wm. Small,
Wm. Cary, Wm. Wilson, Richd. Bally, Edmd. Scarburgh,
Wm. Fitzhugh, Ja. Westcomb, Jno. Deane, Wm.
Jones, Charles Curtis, Henry Brereton, Richard Bland,
Geo. Glasuck, Henry Scarburgh, John Walker, David
Clarkson, William Hansford. 3 pp.|
450. xx. Copy of proceedings relating to Capt. Moody, H.M.S.
Southampton, Dec. 16, 1702–March 1, 1702/3. [See Minutes
of Council of Virginia.] Endorsed, Recd. May 19, 1703.
39 large pp.|
450. xxi. Memorandum of Naval Officers' List of Ships, July
10, 1702–March 25, 1703. ¼ p. [C.O. 5, 1313. Nos. 16,
16. i.-xxi.; and (without enclosures) 5, 1360. pp. 370–379.]|
451. Duplicate of Gov. Nicholson's letter above. [C.O. 5,
1340. No. 3.]
452. Duplicate of above, No. 450. i. [C.O. 5, 1340. No. 4.]
453. Mr. Dummer to the Earl of Nottingham. Enclosing
extract from the Journal of the Master of his sloop: Arrived
Barbados Jan. 11. Found there 11 men-of-war, 5 East India
ships, many merchant ships bound home. Arr. Antego Jan. 15,
Found there 7 merchant ships, 1 privateer. Arr. Montserrat
Jan. 17. Found there 1 haggboat, 2 sloops. Arr. Nevis Jan.
19. Found there 18 merchantmen, etc. Arr. St. Christophers
Jan. 20. Found there Edgar, Anglesea, 5 storeships from Ireland.
Arr. Jamaica 29th. Port Royall burnt, all but the Castle. Arr.
Plymouth March 10, 1702/3. Signed, E. Dummer. Addressed.
1 p. [C.O. 318, 3. No. 14.]
[written Feb. 15].
454. John Champante to the Council of Trades and Plantations. In reply to letter of March 12. The total of the
Respits said to be in Mr. Nanfan's hands [see March 12] is
693l. 6s. 6d. But in that is included the respites on 32 men
for 53 days from March 9 to April 30, 1701, and on 69 men for
55 days from April 30 to June 24, 1701, which have been already
stopped out of the clearings of those respective times, and ought
therefore to be deducted out of the above sum=137l. 5s. 6d. But
there is due to Captain Nanfan his full pay from Dec. 25, '99,
to April 24, 1700, 56l. 9s. 4d.; his clearings from April 26 to
Dec. 25, 1700, and from June 24 to Dec. 24, 1701, making in
all 228l. 5s. 8d., which deducted from 556l. 1s., leaves 327l. 15s. 4d.,
which is all that by the common rules of Justice can be stop'd
out of the 4 months and half subsistence, which is now demanded
for the pressing accounts known to your Lordships on Mr. Nanfan's
behalf, and is supposed by the State of March 12 and your
Lordships' Minute to have been paid to him. But I humbly hope
that no such stop at all will be thought proper, for I believe I
may take upon me to affirm that Mr. Nanfan has already accounted
to my Lord Cornbury for the surplusage money arising from the
Respits, for it has been long ago known at New York what money
has been received here by me to Dec. 24, 1701, for which time
there can be no doubt but he has accounted for the subsistence
according to the establishment, and has not been suffered to
retain publick money in his hands etc., etc. The Queen can run no
danger of loosing these respits, if no stop should be made, and
Mr. Nanfan will be a great sufferer, if not ruin'd, in case this
hardship be put upon him etc. Signed, J. Champante. Endorsed,
Recd. Read March 15, 1702/3. 2 pp. [C.O. 5, 1048, No. 41;
and 5, 1119. pp. 418–422.]
455. Journal of Council of Trade and Plantations. Letters
and papers received from Jamaica, Jan. 31, Feb. 1 and 3, read.
Letter to Capt. Lilly ordered.|
Letter to Col. Handasyd ordered.|
Letter from Col. Codrington, Jan. 23, read, and directions given
for addition to the letter lately ordered to be writ to him.|
Mr. Champante presented a memorial in answer to letter of
March 12. Ordered that a copy be given to Mr. Thrale, and
an extract of Lord Cornbury's letter of Dec. 12 to Mr. Champante
relating to the Bills drawn upon him.|
Their Lordships made a further progress in considering the
Representation relating to New York.|