America and West Indies: March 1703, 11-15

Pages 246-262

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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March 1703, 11-15

March 11. The General Assembly being then setting, H.E. acquainted the Council that he appointed a General Council to meet upon Thursday, March 18, for the nomination of civil officers.
March 12. H.E. acquainted the Council that he had a matter to open to them, which he expected their secrecy in, on their oaths as Councillours. And then recited the proceeding of the last Court of General Sessions of the Peace held at Charlestown within the County of Middlesex in dismissing of Timothy Phillips, late Sheriffe of the said County, without a trial, being bound over to answer what should be objected against him on H.M. behalfe, particularly for seditious and threatening words against the life of H.M. Governour of this Province, which the said Phillips reported to have been uttered [sic], as contained in his recognisance and the evidences, which were read. And then [H.E.] askt the advice of the Council, who are of opinion that the Justices of the said Court have neglected their duty in dismissing of the said Phillips, and advised that the said Justices do convent Phillips before them and bind him over to the next Superior Court of Judicature and Assize to be holden within the said County to answer what shall be objected against him relating to the said words. [C.O. 5, 789. pp. 490, 491.]
March 10.
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.
March 11. The following Representatives took the oaths appointed, and repeated and subscribed the Declaration:—
County of Suffolk.

Boston, Samuel Legg.
Capt. Samuel Checkley.
Thomas Oakes.
Capt. Ephraim Savage.
Roxbury, William Denison.
Dorchester, Hopestil Clap.
Milton, George Sumner.
Brantery, John Baxter.
Weymouth, Capt. Stephen French.
Hingham, Lt. Theophilus 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.
Nathaniel Knolton.
Rowley, Capt. Joseph Boynton.
Newbury, Capt. Stephen Greenleafe.
Salisbury, Isaac Morrels.
Amesbury, John Kimball, senr.
Bradford, Capt. David Haseltine.
Haverhill, Lieut. John White.
Andover, Capt. James Frye.
Topsfield, Capt. John Gold.
Glocester, Capt. James Davis.
Boxford, William Foster.

County of Middlesex.

Charlestown, Samuel Heyman.
Samuel Phipps.
Cambridge, Thomas Oliver.
Simond Stone.
Watertown, Joseph Sherman.
Sudbury, John Balcombe.
Marlboro', Capt. Henry Kearley.
Malden, Edward Sprague.
Newtown, James Trobridge.
Bilrica, James Frost.
Woobourne, James Converse.
Medford, Lieut. Thomas Willis.
Sherbourne, Thomas Sawin.
Simon Davice.
Concord, Nathaniel Billings.
Chelmford, Nathaniel Hill.
Reading, Major Jeremiah Swane.
Framingham, John Haven.

County of York.

Kittery, Samuel Winkley.

County of Plymouth.

Plymouth, James Warren.
Situate, Thomas King.
Duxborough, Edward Southward.
Marsfield, Capt. Nathaniel Winslow.
Bridgewater, Edward Fobes.

County of Barnstable.

Barnstable, Lieut.-Col. John Goreham.
Sandwich, Major William Bassett.
Yarmouth, Thomas Sturgis.
Eastham, John Done.

County of Bristol.

Bristol, Nathaniel Blagrove.
Rehoboth, Stephen Payne.
Taunton, Benjamin Crane.
Little Compton, John Palmer.

Island of Nantucket.

William Gayer.
H.E. directed them to choose a Speaker, and they reported that they had made choice of James Converse for their Speaker, and John White for their Clerk. H.E. declared his acceptance of those gentlemen.
The Assembly having been summoned, H.E. addressed the Court:—I did not expect when I parted with the Assembly in November that I should have maintained a quiet upon the frontiers thus long, but I am sensible that notwithstanding there is no infraction of the peace, that the pressing instances of the French by their officers and Jesuits that are amongst the Indians are such that it is not possible for them to withstand their importunity to break with us, unless we have a considerable force in the Province of Mayn, who may be a security for them, and a guard over them, the charge whereof must be provided for. I laid before the last Assembly H.M. commands for the rebuilding the Fort at Pemaquid, which was also the command of the late King, and that Assembly went so far in that affair as to direct a Committee of both Houses to attend me to the place, who made their report, advising to go forward in that worke, and their return was accepted and agreed to in the Council, but refused by the Gentlemen of the House of Representatives. It is H.M. pleasure that all possible methods be used to persuade you to an obedience herein, with H.M. most gracious 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 all things.
I am often solicited and spoken to referring to the Colledge at Cambridge. I am sorry for the mistakes of this Government at any time in that affair. If there be anything that imports me referring to it, when it shall be communicated, I shall very freely do my duty to lay it before H.M., and in everything referring to the good and peace of this Province exert myself to the utmost, and hope the same of everybody in their proper stations. There are very few places without some ill-minded men that would be glad to see all things in confusion, and to that end would create misunderstandings and prejudices in the minds of H.M. good subjects against Her own Government. I hope your unanimous and cheerful obedience in the Queen's service will disappoint the ill-designs of such men, who, with a pretence of friendship to this countrey, are their worst enemies, and whilst H.M. most sacred Majesty is successful and victorious everywhere, would have her defeated and disappointed here of the just duty and service of her own people. I must desire a very speedy dispatch of these affairs, because if I have forces to the eastward, I must be near them, and I think it necessary for me to see the Indians there, if possible to confirm them in their obedience to H.M., and their dependence upon this Government.
The Representatives desiring a copy of the Speech, it was delivered to them.
It was proposed to the Representatives that a Joint Committee be appointed to summon a meeting of the Proprietors of the out-wharfs in Boston, and to consider of methods for the raising and supporting of them, and what may be thought necessary to be done by this Court in laying of such toll and dutys on vessels lying to or within the same as may support the charge thereof. [C.O. 5, 789. pp. 792–796.]
March 11.
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. 176–221.]
March 11. 435. Draught of Instructions for Governor Seymour relating to the Acts of Trade and Navigation. [C.O. 5, 726. pp. 222–253.]
March 11. 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.]
March 11.
437. Journal of Council of Trade and Plantations. Upon further consideration of the Act of St. Christopher's mentioned yesterday, their Lordships gave directions for preparing a letter to Col. Codrington upon that subject.
Representation wherewith to lay before H.M. the draught of Col. Seymour's Instructions for the government of Maryland, together with another draught of Instructions relating to the Acts of Trade and Navigation signed.
Their Lordships took into consideration the draught of a report to be made upon the Lord Cornbury's letters relating to New York, and made some progress therein.
March 12. In pursuance of the minutes of March 8, the Secretary laid before the Board an extract of what has been allowed to the Governors of several Plantations for the transportation of 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.]
March 11.
St. Jago de la Vega.
438. Minutes of Council of Jamaica. Upon reading a letter from H.E. James Moor, Governor of Carolina, giving an account of their retreat from St. Augustine's, their designe of a second attempt, and praying liberty to deteyne the mortar and stores accommodated to them by the hands of Col. Daniell, it was ordered that six months longer time be given.
19l. 8s. 3d. paid to Henry Piers for petty expenses in H.M. Fort Charles.
Ordered that the Receiver General pay to Lt.-Gov. Tho. Handasyd 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.]
March 11. 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.
March 12. Bill confirming the will of John Thomas was read three times.
Resolved that a clause be brought in to prevent any of the inhabitants of this Island from listing or being listed in any of the regiments under pay in this Island.
Upon reading the Act to prevent the exportation of arms, provisions etc. the question was put whether that whole Bill should be repealed or only part of it. Resolved, only part.
Upon debate whether a Bill be brought in for the raising the value of money for the prevention of the sending it off the Island, resolved in the negative.
Petition of William Bethell and others being read, ordered that a Bill be brought in to appoint Commissions to inspect the accounts of the Constables, Churchwardens, and others concerned in the receipt of the taxes for the wall and wharfs at Port Royal, and to sue for the money by them received on that account, and to pay the same in proportion to the petitioners and other creditors.
Bill for quartering H.M. soldiers was read and passed the first time.
Bill confirming the will of Anne Archer was committed.
March 13. Report of the Committee upon the taxes of Port Royal was delivered. And see preceding abstract under date.
Bill for quartering the soldiers read a second time, it being resolved that the officers should not be granted subsistence.
James Archbold reported that upon examination Dr. Samuel Mayo was ready to secure the Legatees of their Legacies in Mrs. Archer's will.
Ordered that the fees for the private Acts be 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 amendment.
Amendments to the Bill for confirming the will of Anthony Wood concurred to.
Resolved, that the members that do not pay their parts towards the entertainment of the Governor and Council lie under the censure of this House. [C.O. 140, 7. pp. 10–16.]
March 12.
440. A. Skene to the Council of Trade and Plantations. 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.]
March 12.
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.]
March 12.
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. Annexed,
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.]
[March 12.] 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. No. 40.]
March 12. 444. Sir Edward Northey to the Council of Trade and Plantations. In answer to queries of Feb. 26. I am of opinion that the Governors of H.M. Plantations when discontinued may be arrested and prosecuted in the said Plantations by particular persons for arbitrary and illegal imprisonments and other proceedings without probable cause for doing the same; but I am of opinion that on the fact stated by the memorial, and appearing by the affidavits of Lawrence Quinoe, John Dogett and Charles Macarty, Graves and Prideaux have no just cause of action against Mr. Nanfan for the proceedings against them, there appearing sufficient ground for him and the Council to doe what they did against Graves and Prideaux. However, the actions being brought, Mr. Nanfan must answer to the same, and defend himself against them by shewing the grounds for his proceedings, which will justify him, though the accusers of Graves and Prideaux might misinform the Deputy Governor, who will be justified by the accusation of them on oath, and it will be necessary to make his defence particular, and not plead not guilty generally. If Mr. Nanfan were in England, the parties grieved might sue him here in an action for false imprisonment, and by II William 12, the Queen may in England indict the Deputy Governor for any misdemeanours committed by him during his government, and may bring him to an account here for any moneys he hath received belonging to H.M. Signed, Edwd. Northey. Endorsed, 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. pp. 422–424.]
[March 12.] 445. Sir Edward Northey to the Council of Trade and Plantations. In obedience to your Lordships' Order of Reference, January 29th, I have considered of an Act passed in an Assembly at Mountserrat June 13th last, entituled an Act for quieting Men's estates etc., and do humbly conceive the same is lyable to several exceptions. 1st. For that this Law being perfectly new in Mountserrat, three years seems but a short time to allow to persons to claim, who may not know that there is such a Law. In Jamaica seven years time has been allowed, but in Barbadoes two years time only has been allowed. 2dly. The designe of this Act is to quiet the present possessors of Plantations in Mountserrat, but has no regard to the future quiet of the Island, by providing that in all times hereafter all suits shall be prosecuted in a certain time as is usuall. 3dly. The Act is not well penned, it being that not only all persons that had right when the Act was made, should enter or prosecute within three years after the date of the Act, but that all persons that should thereafter have any title should sue within three years after the date of the Act, the words (or hereafter shall have any title) should have been omitted, or after the words (within three years after the date hereof) should have been added (or within three years after the title accrewed). As it is worded it may be doubted if he to whom a title accrews within three years after making the Act, is not obliged to enter 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.]
March 12.
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.]
March 12. 447. Minutes of Council in Assembly of Jamaica. Bill to invest H.M. in land in Kingston sent up with amendments engrossed was read twice and passed by the majority part.
March 13. Bill for confirming the will of Antho. Wood was read a third time with amendments, passed and sent down.
The Bill to invest H.M. in land etc. was read a third time, and a further amendment proposed, upon which a conference with the other House was proposed. The House agreed to the amendment. The Bill was read a third time and passed.
The Governor sent a message to the Speaker that he required the Minutes of the House from the last Minutes to be sent to him.
Ordered that Mr. Morton be sent for pursuant to the former Order of Feb. 20 to be here on Munday morning.
Message from the Representatives desiring H.E. as Chancellor to issue a Commission to John Blaire, Thomas Hudson, Edmond Edlyne, Francis Rose and James Archbold, impowering them or any three of them to administer an oath to the several and 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.]
March 12. 448. Minutes of Council in Assembly of the Massachusetts Bay. The Representatives thanked H.E. for his care of the Province since the last General Assembly, and for his speech made yesterday, and desired that it might be printed. H.E. said he would consider of it.
The Committee appointed to consider the petition of the inhabitants of Springfield on the West side of the river, praying to have a proportionable privilege with the other inhabitants of the town in the parsonage or ministry land, having settled a minister on the West side of the River, made their report, which was read. Upon a previous question first put, whether the inhabitants on the West side of the River have not a proportionable right in the ministry lands, purchased by the town, of Mr. Moxon, it past in the affirmative. And it appearing that the said lands are pretty equally divided by the River, resolved that the ministry on each side of the river for the time being shall have the issues and profits of the said lands respectively, lying on that side where they live, and further ordered that the inhabitants living on the East side of the river do advance and pay the sum of 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 accordingly.
Joint-Committee, proposed March 11, appointed.
March 13. Order sent up by the Representatives that the Revd. Mr. Cotton Mathers be treated with in order to be obtained for a resident President of Harvard College, carried in the negative, and a message was sent down that the Board could not accept a President named by that House.
Report of the Committee appointed by the last Assembly upon Pemaquid, was read and accepted by the Council.
Resolve of the Representatives, that 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. pp. 796–798.]
March 13.
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.]
March 13.
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 them.
I received your Lordships' letter of April 13, with H.M. commands concerning the affair of New York, which I shall lay before the Assembly, and according to my bounden duty I shall use my best endeavours that H.M. royal commands may be complied with by the Assembly, though I'm sensible that great endeavours have been used by some persons to infuse strange notions into the people's heads about sending men and money to New York, and endeavoured what in them lay to have such persons chosen Burgesses that would be against such a thing. But I hope in God that they are and will be frustrated of their evil designs and purposes. And I find that some persons are never satisfied, whoever is in the Government, except they can direct them, nay, I question if the Government was in their hands whether they would not quarel among one another. Some persons in our late Assembly endeavoured what in them lay to have done by it as those in Scotland would have done by theirs, only they made no publick protestation etc., but I thank God, they were defeated as those were. The Committee for revising the Laws have at last done, but considering the time of the year, and no likelyhood of having a safe opportunity of transmitting the Laws to your Lordships before the next spring, I don't know whether the Assembly will go upon them now, or not. What they have done, as likewise concerning the Capitol, your Lordships may please to see in their Journal. H.M. Council and myself formerly humbly represented to your Lordships the case of an Attorney General and Clerk of the Council. Benjamin Harrison hath for some time officiated as H.M. Council at law. He is lately gon from hence to live about 40 miles off, and when I have written to him to come hither, he hath twice made an excuse, and says the salary of 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.]
March 13. 451. Duplicate of Gov. Nicholson's letter above. [C.O. 5, 1340. No. 3.]
March 13. 452. Duplicate of above, No. 450. i. [C.O. 5, 1340. No. 4.]
March 13.
Coleman Street.
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.]
March 15
[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.]
March 15.
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.