America and West Indies: March 1703, 16-20

Pages 262-281

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, 16-20

March 16. Sir Henry Ashurst was granted a copy of the letter of Mr. Partridge, Sept. 25, 1699, relating to timber in New England.
Acts of the Leeward Islands, Dec., 1701, considered, with Mr. Attorney General's opinion thereon. Directions given for preparing a report for repealing two of them.
And as to another—to prevent papists and reputed papists from setling in those Islands, Mr. Attorney having observed a defect therein which makes it not fit to receive the Royal Approbation without an amendment which cannot be made otherwise than by a new Act, and there lying also before the Board a memorial in the name of Daniel Mackenin, a Protestant inhabitant of Antego, setting forth a particular case wherein the said Act exposed him to the danger of great loss, their Lordships ordered copies of the said Mackenin's case and of that part of Mr. Attorney General's report, which relates to this Act, to be sent to Col. Codrington, together with the repeal of the two forementioned Acts, when the same shall be done.
Mr. Champante laid before the Board Mr. Attorney General's opinion upon the queries sent to him Feb. 26 relating to his memorial of Feb. 4 in behalf of Capt. Nanfan, which was read, and he desired their Lordships to write to Lord Cornbury to desire his care to prevent any hardships being put upon Capt. Nanfan, and that upon examining the cause of the action or actions that are against him the baile may be proportioned accordingly.
March 17. Mr. John Richardson, a minister, having been recommended by the Lord Bishop of London, laid before the Board a proposal setting forth that he had engaged 500 persons to transplant themselves from Ireland to Virginia or Maryland, and begging H.M. assistance in order thereunto, the same was read; and he having thereupon declared that those persons are inhabitants about Belfast, many of them farmers, of some substance, their Lordships acquainted him with the difficulties and hazards of such a transportation, especially in this time of war, there being no convoys to be expected from those parts; and upon further discourse with him, judging his proposition to have been loosely made, upon some mistaken notion which cannot answer the expectation of those people, they told him that they did not think it proper for them to offer the same to the Queen, whereby to ingage her in a charge when there is no probable view of success.
Mr. Champante, Mr. Thrale and Capt. Matthews being altogether before the Board, Mr. Thrale laid some papers before their Lordships, of which Mr. Champante was granted copies. Ordered that Mr. Champante lay before this Board on Friday next an accompt of the prices and whole charge of the cloathing which he sent last to New York.
Upon the desire of Mr. Thrale, ordered that the Secretary do certifye a copy of the accompt of money paid to Mr. Champante by the Lord Renelagh for the use of the 4 Companies at New York, which was received from Mr. Pauncefote, Feb. 9. last, and deliver the same to Thrale. [C.O. 391, 16. pp. 25–33; and 391, 97. pp. 217–226.]
March 15. 456. Journal of Assembly of Barbados. The House met by special summons. Absent members fined, with exception of some excused.
The House waited on the President and Council, who desired them to take into consideration the fitting out the Larke speedily, there being intelligence of a French Privateer on the coasts. They also recommended the setting out a small vessel for sending to the Leeward Islands or other places on any necessary occasions.
Resolved, that the Speaker make application to the President and Council for their Order for the payment of the Agents in England what is due to them.
The House, attending, acquainted the President and Council that they had discoursed Capt. Folgeamb about his speedy going out on a cruise; and recommended Capt. Willm. Mills to command the Larke, and the President thereon gave his approbation, and this House therefore resolved that the said brigantine be immediately set out, and that his pay be for six weeks from this day.
Capt. Townsend was appointed Agent for setting out vessels for the country's service at a salary of 80l. per annum.
Capt. Thomas' petition about interest money until the 1,300l. be paid in for the loss of the brigantine Madeira was approved of.
Resolved, that the Larke shall not have above 90 men employed.
It was moved that the powder in the magazine may be distributed into several officers' hands in the country.
Report of the Committee upon the debts due from those who had formerly fitted out vessels of war, read.
Various salaries voted.
The House adjourned till April 15. [C.O. 31, 7. pp. 37–39.]
March 15. 457. Minutes of Council [in Assembly] of Barbados. The Board being informed that M. Casilis' sloop, which came up with the flag of truce, is in a very leaky condition, ordered that such of the French prisioners as are carpenters be admitted to go on board the said sloop every morning and to return to the fort every night, until they have repaired her, and that a guard do attend them during that time.
See preceding abstract.
Ordered that Capt. John Foljambe, H.M.S. Kinsale, do use all possible care to get the said ship ready and convoy the ships bound to the northward with all expedition. Some French prisoners entered themselves on board her in H.M. service.
The Assembly desired that an order might issue to press men for the Larke, but that the same might not extend to outwardbound vessels ready to sail. They said there was a report that the magazine at Port Royal, Jamaica, was blown up, and for fear of any such accident here, desired that some of the powder might be distributed.
March 16. Stores issued for the Leeward fortifications.
See preceding abstract.
172l. 3s. 11¼d. paid on account of disbursements for the fortifications of St. Phillips, and 462l. 17s. 4½d. for salaries and other disbursements for the fortifications of St. Michael.
Ordered that privateers take new commissions every time they come into port.
Error brought by Jane Bushell, widow, to reverse a judgement for the sum of 50l. costs obtained against her by Thomas Mapp, jr., before Christopher and Nathaniel Webb, Dec., 1702. Judgment reversed.
Error brought by John Howlett that John Robinson brought an action of trespass and ejectment against Robert Lauder, wherein Alexander Arnett, and Mary his wife, were lessors and Howlett tenant, and judgment was given for the plaintiff, April, 1702. Judgment confirmed.
Error brought by Richard Hasell to reverse judgment obtained against him by John Jones; the writ fell, defendant being dead.
Error brought by Thomas Main waring, planter, to reverse a judgment obtained against him by Philip Banfield and Jane his wife, March, 1702, considered. Judgment reversed.
Error brought by Thomas Marshall to reverse a judgment obtained against him by Elias Haskitt, March, 1702, upon an action of debt, heard. Judgment confirmed.
Error brought by James Clinkett to reverse a judgment obtained against him by John Pead, April, 1697, fell through the death of Pead.
Error brought by Thomas Walduck to reverse a judgment obtained against him by James Hurst, April, 1702. It appearing that the Judge had not returned the whole records under his hand and seal, the plaintiff was granted 14 days to get them.
Error brought by Edward Burke to reverse a judgment obtained against him, Nov., 1702, by Francis Pike, heard. Judgment reversed.
Petition of Mary Benthall of London, spinster, neice and heiress of Benjamin Weale, read, setting forth that Robert Yeomans and Elizabeth his wife lately presented their petition to the President for the administration of the goods of the said Weale, as the said Elizabeth is executrix of the will of John Weale, who was supposed executor of the will of Benjamin Weale, and that petitioner had entered a caveat etc. and had also prayed that no administration might issue whilst evidence was being taken in England; but that, since administration had been granted to Yeomans and his wife, petitioner prays for leave to appeal to H.M. in Council to have true copies of papers etc. Granted accordingly.
Petition of Bartholomew Rees and Mary his wife read, and leave granted to appeal to H.M. in Council from a decision of the Court of Chancery, Feb. 11, in the case of Mary Davies, widow, complainant.
Petition of John Browne praying an order for a new path to be run out between the land of John Rous and petitioner read, but nobody appearing to it, it was dismissed.
Petition of William Fenton, servant to William Terrill, setting forth that he had served out his time honestly, and that Terrill had refused to pay him what was appointed by an Act of this Island, considered. The Board is of opinion that the same does not properly lie before them to determine.
Petition of Margaret Waterman, widow of Capt. John Waterman, praying for letters of administration [? read].
Salary paid to John Williams, Lt. of the Larke.
A bill of costs was taxed for Charles Cleaver against Philip Bamfield.
Ordered that M. Casali, who has been confined to his chamber, have leave to go every day to the house of Edward Arnell in the Bridge Town to eat or drink, provided he behaves himself modestly and doe not go any farther from his lodging till further orders.
Ordered that Thornhill's Battery to Leeward be added to the division of the regiment under the command of Col. Holder. [C.O. 31, 8. pp. 4–14.]
March 15. 458. Minites of Council in Assembly of Jamaica. Petitions of inhabitants of Port Royal returned to the Council from the Assembly.
The House attending, H.E. passed the Act to invest H.M. in land in Kingston.
Bill for the present subsistence of H.M. soldiers sent up.
March 16. The above Bill was read the first time and committed.
Message from the House in reply to H.E.'s speech. As this House upon all occasions have, so they always will as in duty bound shew themselves most dutiful and loyal subjects in expressing [? exposing] and hazarding their lives and fortunes to the utmost peril and danger for the honour of H.M. and the defence of this Island.
Bill confirming the will of A. Wood sent up passed with amendments.
Bill to enable the Justices and Vestry of the parish of St. George to raise their taxes to the Queen as by a former Act, and to indempnify them and the Justices and Vestries of the parishes of St. Thomas to the East and St. Davids for not raising their taxes in the time limited, sent up.
Bill sent up for dividing the parish of St. Elizabeth into two distinct parishes for the ease of the inhabitants.
Bill sent up to confirm the will of John Thomas late of the parish of St. Andrew's.
Bill sent up for settling several annuities and appointing as provision for Mrs. Oliva Read, widow, and her children, and for the children of Anna Petronelia, now wife of Nathaniel Browne, gent., out of the estate which was of her late husband, John Read, decd.
Conference appointed on the Bill for subsisting H.M. soldiers. [C.O. 140, 6. pp. 452–454.]
March 15. 459. Journal of Assembly of Jamaica. The House attending the Governor in Council, H.E. said that little notice had been taken of his Speech wherein he recommended to the House the care of the Queen's authority, which hee could not but take notice of, butt that without any scruple he passed the Act for investing H.M. in land at Kingston.
Bill for quartering soldiers read the third time and passed and sent up.
March 16. See preceding abstract under date.
March 17. Richard Bankes had leave to set up his name in the Secretary's Office in order to depart for England.
The Committee reported from the Conference that Col. Lowe proposed the soldiers might be allowed 6s. per week each, it seeming to the Council that 5s. was too little, there being deducted out of their pay, which is but three shillings and sixpence per week, one shilling for shoes, stockings, etc., and therefore that they might be allowed 24s., by the Calendar month, which upon debate was unanimously agreed to by both Committees, as well for the soldiers at St. James and St. Jago de la Vega as at Port Royal. Col. Lowe likewise offered that he was commanded by the Governor to signify to the Committee (and that the Council were all positively of that opinion) that some regard ought to be had to the officers, but the majority of the Committee of this House were against it.
And see Minutes of Council in Assembly under date.
Ordered that a Bill for guarding the sea-coasts be brought in. [C.O. 140, 7. pp. 16–21.]
March 15. 460. Minutes of Council in Assembly of the Massachusetts Bay. 18l. 7s. 3d. paid to Andrew Belcher for keeping French prisoners of war.
The resolve past, March 12, relating to Springfield, was brought up again by the Representatives of Springfield, and several votes of the town referring to the said lands, with a message from the House desiring further consideration to be had thereof, and the papers being read and a debate had thereupon, ordered that the said resolve without any alteration, together with the said papers, be returned back to the House of Representatives.
March 16. Resolve of the Representatives, sent up, was agreed to, that 35l. each be paid to Thomas Brattle and Capt. Timothy Clark over and above what was granted them the last session for laying out the money for fortifying Castle Island, there being thro' mistake so much less given to them than was intended. The Committee for fortifying the said Island is hereby impowered to direct the laying out the money further granted this session for fortifying the said Island, the direction of the worke to be under Col. Romer.
H.M. communicated to the Council a letter from Richard Waldron, giving an accompt of the behaviour of the Indians that was lately in at Cochecha, and the jelousy he had of some ill-design intended by them. And H.M. proposed his intention of sending two companies of souldiers to the number of 100 men to appear in the Eastern country, and to march between Wells, Saco and Cascobay, and on the head of the frontiers to Haverhill, to secure the English in case the Indians should be debauched by the French to rise, and to cover and secure the Indians against the insults of the French for their fidelity and steadiness to the English in keeping their articles lately made. Message sent down to the Representatives to acquaint them with the said affair, who returned their thanks to the Governor for his care to preserve the peace with the Eastern Indians, and that they think it highly reasonable, that H.M. please to put in execution his purpose of marching 100 men into the frontiers, and that this House shall due [sic] their duty towards their subsistance. The Council declared their satisfaction with this message.
Joint-Committee appointed to consider the proposals of James Russell and William Payne, Collectors and Receivers of the duties of impost, for further provision to be made in the law to secure the payment of the said duties.
Committee appointed to prepare and bring in a Bill that bullion and plate of sterling alloy shall pass at 7s. the ounce.
March 17. Message sent down to enquire whether the Representatives had consideration of the grant made by the last Assembly of 6,000l. as a fund for the 5,000l. in bills of credit ordered to be emitted. The House replied that they had.
An accompt of charges for making the bills of public credit was presented by the Committee for that affair. Ordered, that the said gentlemen receive the thanks of this House for their faithfulness, care and prudence in managing thereof, and the said account with the aforesaid order, was sent down to the Representatives for their concurrance, and first to pass upon the accompt.
Resolves of the Council upon the petition of Springfield, March 12, was sent back by the Representatives with their concurrance to the last paragraph only.
Memorial of William Chalkhill, one of the monyers of H.M. Mint in the Tower of London, now resident in Boston, proposing that, if the Government think fit, he would undertake to bring over hither 10,000l. in copper money at such prices and values as shall be agreed upon, was sent up and read.
Bill for passing of plate of starling alloy, in payments, at 7s. per ounce, brought in, which was read a first, second, and third time, and, with some amendments, was passed to be sent down. [C.O. 5, 789. pp. 798–802.]
March 16. 461. Daniel Mackenin, a Protestant inhabitant of Antigua, to the Council of Trade and Plantations. ¼ p. Enclosing,
461. i. Petition of D. Mackenin to the Council of Trade and Plantations. William Bridges, Esq, being seized in fee of certain Plantations in Antigua in trust for Mr. Thomas Trant, a Roman Catholick deceased, the said William Bridges (at the instance and request of the said late Thomas Trant) by his Letter of Attorney duly executed bearing date in or about the month of November 1698 did constitute and appoint Mr. Gerrett Trant of Monserate, Mr. David Rice, and Mr. Thomas Trant, the younger, then of London, or any two of them, to be his lawfull Attorneys as well to manage the said Plantations as also to sell the same out right, or to demise and lett the same to such person or persons, and at such rent or rents, and under such covenants and reservations and for such terme and time, as the said Attorneys should think fit and convenient. Accordingly in June 1702 two of the said Attornys (being Papists unknown to the said Daniel Mackenin) did by their deed indented demise one of the said Plantations called Goldengrove to the said Mackenin for the tern of 99 years at the yearly rent of 100l., being the most that then could possibly be had for it, by vertue whereof the said Mackenin entred upon the said Plantation, and since has defrayed, and laid out, in improving the same, the summe of 300l. and upwards. In April 1702, before the making of the said lease, an Act past at a Generall Assembly held at the Island of Nevis entituled an Act to prevent Papists, and reputed Papists, from settling in any of H.M. Carribbée Leeward Islands in America, whereby all papists are disabled to act as Attorneys, Agents, or Overseers in any of the said Islands, which said Act is now lodged with the Council of Trade and Plantations in order to have the same retified in England. By the particular laws or customes of the said Islands all Acts of their General Council past and made for the said Islands are to hold good and valid (without the royal assent and approbation) for the space of three years from the time of the making of them (unless repealed in England) and no longer, unless ratifyed in England. [Note in margin ? by William Popple: This is not so.] By means of which said Acts, the said Attorneys, and other envious persons of the said Island of Antigua combining and confederating together, how to defraud, and eject the said lessee out of his said farm, pretend and give out in speeches, that the said lease (so made by the said papish Attorneys to the said lessee, during the disability imposed by the said Act) is void: Although the said lessee at the time of his taking the said lease did not know them to be Papists, neither were they before nor ever since convicted thereof, and the said confederates having informed the Honble. Coll. Codrington Governor of Antigua of the premisses, they all unanimously and dayly threaten to turn the said lessee out of his possession by force of the said Act, which will be to his very great damage and loss, and is at present to his great hindrance. It's therefore most humbly hoped that in tender consideration of the premisses and of the hardship and surprize put upon the said Daniel Mackenin, a Protestant, in this case, the Council of Trade and Plantations will be pleased to represent it to the Queen's most excellent Majesty to the end the said Act may be speedily repealed before the said Mackenin may be further a sufferer thereby: and the rather for that it tends to depopulation and great hindrance of trade. Endorsed, Recd. Read March 16, 1702/3. 1¼ pp. [C.O. 152, 5. Nos. 20, 20.i.; and 153, 8. pp. 143–146.]
March 17.
462. John Richardson, Rector of Derrylauran, co. Armagh, to the Council of Trade and Plantations. Having engaged a Colony of 500 persons to transplant themselves either to Virginia or Maryland, as this Board will be pleased to direct, he represents that the said Colony are only able to advance 5,000l. towards the charge of their transportation and settlement there, and 5,000l. more will be necessary, for the obtaining of which they humbly request the recommendation of this Board to H.M. bounty. Signed, Jo. Richardson. Endorsed, Recd. Read March 17, 1702/3. 1 p. [C.O. 5, 1313. No. 17.]
March 17. 463. Lord High Treasurer's Orders for payment of quarter's salaries due to the office of the Board of Trade Xmas, 1702 Signed, Godolphin. Endorsed, Recd. March 18th, 1702/3. 4 pp. [C.O. 388, 75. Nos. 69–72.]
[March 17.] 464. Account of sums chargeable on Capt. Nanfan by the officers of New York. Total, 202l. 11s. 9d. 1 p. Annexed,
464. i. List of the accoutrements wanting for the Four Companies. ½ p. The whole endorsed, Recd. Read March 17, 1702/3. [C.O. 5, 1048. Nos. 43, 43.i.]
[March 17.] 465. An abstract of Respit money and short subsistence in Lord Ranelagh's. Lord Cornbury's and Capt. Nanfan's hands, belonging to the Four Companies at New York. 1 p. Endorsed as preceding. [C.O. 5, 1048. No. 44.]
[March 17.] 466. Mr. Thrale to the Council of Trade and Plantations. Reply to Mr. Champante's answer to his memorial (March 15). The 137l. 5s. 6d. he claims ought not to be allowed, as he has never paid it. As for his pay and clearings, they ought not to be paid out of this Fund etc. If he loses by the protest of bills, it's his own fault to draw bills when he has the money in his hands to answer that service. Begs that Mr. Champante be directed to bring in an account of the particulars and cost of the cloathing last supplied by him, that I may know the state of the Companies on that head, in order to a further supply of the necessaries that were omitted to be sent over by Mr. Champante. Begs for their Lordships' Report to the Lord Treasurer of the necessity the forces are in (not only of that, but as much more) cloathing as the offreckonings disingaged can furnish. There is an absolute necessity of 80 recruits being sent to New York to fill up the Companies for the good of the service, and I desire that the Respit money in Capt. Nanfan's and Lord Cornbury's hands may be applied to that use. I am likewise to desire an Order may be made for Capt. Nanfan to account with the Staff Officers at New York, and pay them out of the 10 per cent, in his hands, and also that the establishment of the Companies may be laid before H.M. for its renewal by your Lordships. Signed, Jno. Thrale. Endorsed, Recd. Read March 17, 1702/3. 2 pp. [C.O. 5, 1048. No. 42; and 5, 1119. pp. 424–428.]
March 17. 467. Mr. Thurston to the Council of Trade and Plantations. Presents accounts of things necessary to be sent for the soldiers at Newfoundland, prays that the Company may be cleared, and that the value of goods lost on shipboard may be allowed out of contingencies. Signed, J. Thurston. Endorsed, Recd. Read March 18, 1702/3. 5 pp. [C.O. 194, 2. No. 109; and 195, 3. pp. 199–203.]
March 17.
At the House of Anthony Penniston at the Flatts.
468. Minutes of Council of Bermuda. Upon reading a letter of March 11 from George Larkin to Capt. John Peasley, Captain of the Castle, ordered that the Justices of the Peace in these Islands do convene together here by 8 a.m. on Friday next, then and there to take and receive such proofs as George Larkin has proposed to make in his said letter, and also that Mr. Larkin have forthwith notice to be then and there present with Capt. Peasley. [C.O. 40, 2. pp. 54, 55.]
March 17. 469. Minutes of Council in Assembly of Jamaica. Bills sent up March 16, to enable the Justices of St. Georges etc.; to divide the parish of St. Elizabeth; and to settle annuities etc., read the first time and second time.
Bill to confirm the will of John Thomas rejected.
Conference appointed upon the Bill for dividing the parish of St. Elizabeth.
March 18. Col. Lowe reported from the Conference that the Committee of the House told the Committee of the Council that the House had just past a resolution not to give any allowance of quarters or subsistance to the officers and thereupon the Committees broke up. Upon which the Governor desired the Board to give their opinion what should be done, who unanimously advised that the best way was to propose it at a conference with a Committee of the House to-morrow morning; that they continue the old Bill of quarters for a fortnight or a month, and be adjourned or prorogued for that time in hopes they may return with a better mind, and that in the meantime the Bill for quartering the soldiers being of great moment may be seriously and thoroughly considered.
March 19. Conference appointed accordingly.
Col. Lawes reported from the Conference that he had acquainted the Committee of the House upon the report of what past yesterday at the Conference in relation to the resolution of the House to grant noe further subsistance to H.M. officers, the Council took it with great concerne, and thought greater difficulties would arise in advising the Governor, when required, how to subsist the same, and on some other parts of the Bill, therefore desired to meet the Council again that they might propose to the House the drawing up a short Bill to continue them on the former subsistance for a fortnight or a month longer, that the Council may have due time to consider on so important a matter.
A further Conference was appointed. Col. Lowe reported from it that the Chairman of the Committee of the House gave him the sence of the House in writing, that they had resolved to stand by their former votes and bill, and least that any difficultys may arise, the House are willing to draw up a short Bill to quarter the private soldiers as long as H.E. will be pleased to give the House leave to adjourn, it being near Easter.
Message sent down that the Governor was willing the House should adjourn for some reasonable time, provided in the interim care be taken of all the soldiers. [C.O. 140, 6. pp. 454–458.]
March 18.
470. William Popple to John Champante. Enclosing copies of papers laid before the Council of Trade and Plantations by Mr. Thrale. [C.O. 5, 1119. p. 429.]
March 18.
471. Council of Trade and Plantations to the Queen. Recommending the Act of New York for granting of sum of 2,000l. (money of that country) to Governor Lord Cornbury. Signed, Weymouth, Dartmouth, Ph. Meadows, Jno. Pollexfen, Mat. Prior. [C.O. 5, 1119. pp. 430, 431.]
March 18. 472. "Reasons against prohibiting trade and commerce with Spain in the West Indies to be communicated to the [? Privy] Council." Circular letters having been received from the Earl of Nottingham to be sent to the Governors of H.M. Plantations to prohibit all trade and commerce with the French and Spaniards, it is conceived that such prohibition of trade with the French in those parts will be very advantageous to England, and if well executed will hinder the sending our sugar and other enumerated commodities to the French in lieu of European goods, which should come from England, but that such prohibition of commerce with the Spaniards would be no less prejudicial to England, for that it will debar us from vending our native commodities to them for pieces of eight or other valuable goods, and this trade tho' in time of war may be and is carryed on with the Spaniards in a private manner, besides that if such prohibition be strictly kept to, it will throw our part of the Spanish Trade into the hands of the Dutch, who have several Plantations lying so near the Spanish Coast that altho' they may have a formal direction from the States General to the same effect, yet will they monopolize that trade undiscerned by us, without regard to the direction of the States General, on whom 'tis well known they have little dependance when the interest of Trade prevailes, in parts so remote as the West Indies. No Signature. Endorsed, Recd. March 18, 1702/3. 1¼ pp. [C.O. 5, 3. No. 7.]
March 18.
473. Council of Trade and Plantations to Governor Codrington. You will understand from Mr. Cary that we having lately offered to H.M. our humble opinion that you might have leave to receive the present of 1,200l. in Plate made you by the General Assembly of all the Leeward Islands, the same has accordingly been granted by H.M. Mr. Cary has since laid before us a copy of an Act made by the Assembly of St.Christopher's for providing 50 slaves to be presented to you, in order to begin a Settlement in that Island, and thereby to invite and induce you more particularly to be interested in the prosperity and welfare thereof, as the Act mentions, but we are not impowered by our Constitution to offer it, the Act not being under the Seal of the Island as it ought to be, and we further observe that you are directed by your Instruction, that no money or value of money be given by any Act or Order of Assembly to any Governor or Commander in Chief otherwise than according to the stile of Acts of Parliament in England, mentioning the same to be given unto H.M. with the humble desire of the Assembly that it may be applyed to the use of the said Governor etc. if H.M. shall so think fit, or if H.M. shall not approve of such gift, that then the said mony or value of mony be disposed of as in the Act or Order of Assembly shall be mentioned; and that from the time the same shall be raised it remain in the hands of the Receivers or Treasurers of those Islands until H.M. royal pleasure be known therein: which being considered we suppose you will not think it fit to receive the benefit of the said present until H.M. pleasure be accordingly signifyed to you. We have also received a letter from you, dated at St. Christophers the 23d January last, wherein you express your unwillingness to name what persons you think proper to fill up vacancies in the respective Councils of the Islands under your Government; but that is a thing positively directed by your instructions and so absolutely necessary that it cannot be dispenced with. And whereas you there also mention your having removed Mr. Clayton from the Council of Mountserrat into the Council of St. Christophers and having put Mr. Dawley into the Council of Mountserrat in his stead; we must observe to you that tho' you may judge the same may tend to some conveniency in carrying on the publick service, yet it being an irregularity contrary to the tenour of your Commission and Instructions, by neither of which you have any power given you to make any alterations in the Council of those Islands otherwise than by suspending any of the members upon just cause, and supplying vacancies when the whole number of any Council happens to be under seven (not otherwise) untill H.M. further pleasure be known: We conceive therefore it ought not to be done by you, and so assuring you of our readiness to concurr with you in everything that may be for H.M. service and your particular satisfaction, we bid you heartily farewell. Signed, Weymouth, Dartmouth, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior.
March 23. P.S.—You will here inclosed receive 2 letters from the Earl of Nottingham, relating to the French and Spaniards upon occasion of the present warr. [C.O. 153, 8. pp. 147–150.]
March 18.
474. Council of Trade and Plantations to the Queen. Having received from Governor Codrington the Acts past in a General Assembly of all the Leeward Islands in December, 1701, and thereupon advised with yr. Majesty's Attorney General in point of Law, we humbly take leave to represent to yr. Majesty that one of the said Acts, being for the better observation of the Lord's Day and suppressing of prophane cursing and swearing, does amongst other things enact that all Acts of Parliament made or to be made in England for securing to yr. Majesty's leige people their religion, lives, liberties and properties shall be in force in all the Charribee Leeward Islands, with all the paines and penalties therein contained, as if in that Act verbatim recited; the inserting of which clause so foreign to the title of the said Act we humbly conceive to be very irregular and the purport thereof not fit to be allowed; for that the general extent of the said clause does make all the Acts of Parliament in England at once to become laws in the Leeward Islands, whereby yr. Majesty's power and royal Prerogative will be greatly infringed, and many laws about property may be set up, which not being suitable to the state of those Islands, may create vexations law suits and prove prejudicial to the general good and quiet of the same. For which reasons we humbly offer that yr. Majesty would be pleased to declare your disapprobation and disallowance of the said Act. And whereas another of the said Acts being For the better and more certain support of Ministers (upon which we have consulted the Rt. Revd. the Lord Bishop of London) instead of bringing any advantage to the clergy does appear to us to be very inconvenient and prejudicial to them, we likewise humbly offer that yr. Majesty would be pleased to declare your disapprobation and disallowance thereof. Signed, Weymouth, Dartmouth, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior. [C.O. 153, 8. pp. 150–152.]
March 18.
475. Journal of Council of Trade and Plantations. Letter to Governor Codrington signed.
Representation to H.M., for repealing two Acts of the Leeward Islands, signed.
Representation upon an Act of New York signed.
Letters from Capt. Richards, recd. Nov. 23rd and 30th, were laid before the Board, together with a memorial from Mr. Thurston and an accompt of the necessaries wanting for the soldiers at Newfoundland. Directions given for preparing a Representation upon that whole matter.
March 19. The last named Representation was signed. [C.O. 391, 16. pp. 34–36; and 391, 97. pp. 229–233.]
March 18
(entered 19).
476. Journal of Assembly of Jamaica. See Minutes of Council in Assembly under date.
March 19. See Minutes of Council in Assembly under date.
Bill for encouraging the importation of white servants was read and passed the second time.
March 20. Bill for guarding the sea-coasts of this Island read and recommitted.
Bill for encouraging the settling and building in St. Katherine's was read and ordered to lye on the Clerk's table.
William Vassall and Thomas Freeman were granted leave of absence.
See Minutes of Council in Assembly under date. [C.O. 140, 7. pp. 21–26.]
March 18.
477. Minutes of Council of the Massachusetts Bay. 50l. paid to Capt. John Cutler, Commander of a new raysed Company of foot-soldiers for H.M. service, for the subsisting of himself and company.
Ordered, that the Reverend Mr. Solomon Stoddard be desired to preach a sermon to the Great and General Court or Assembly to convene in May next, upon the day of opening the said Court.
H.E. nominated Peter Thacher of Yarmouth to be a Coroner within the County of Barnstable; Joseph Otis of Situate, to be a J.P., and Justice of the Inferior Court of Common Pleas within the County of Plymouth; Samuel Partridge to be Judge of the Probate, County of Hampshire; John Pynchon, jr., to be Register of Wills, County of Hampshire; David Jacobs of Situate, County of Plymouth. The Council agreed. [C.O. 5, 789. p. 490.]
March 18. 478. Minutes of Council in Assembly of the Massachusetts Bay. Petition of Stephen Minot that a licence may be granted him for his new house late built upon the neck in Boston, near to Roxbury, being accommodated with stabling and other conveniences fit to entertain man and horse, sent up from the Representatives with recommendation that it be granted, was negatived.
The Representatives concurred with an Order sent down, that for the transportation of soldiers during the present war no ferryman in this province presume to demand or take any payment whatsoever, and that the said ferrymen carefully attend night and day to expedite their marches, upon the danger of being prosecuted as neglecting H.M. service and the security of the Province.
Petition of the Select-men of Mendon, praying a confirmation of a purchase of a certain tract of land by them made of the Indians in addition to their township, sent up with the recommendation of the Representatives, read. The Council resolved that they did not see meet to proceed upon this petition or any other of like nature, until there be a General Surveyor appointed and a platt taken by him of the lands from time to time petitioned for by any town or particular persons, and laid before this Court, and of record, that the Court may be knowing and certain in their grants. This resolve was sent down to the Representatives for their concurrence.
Petition of Samuel Gibson granted, and a day assigned for the hearing of his case this Sessions. The Representatives concurred.
March 19. The House requested H.E. to inform them of the mistakes committed by the Government in the affair of the College intimated in H.E.'s speech, and what he would direct in that affair. H.E. said that the mistakes referred to were the three draughts of a Charter of Incorporation for the College sent for England and there refused; and that Mr. Speaker should hear from him upon the other head of their message.
Committee upon the accounts of John Usher, late Treasurer, reported, The vouchers are in England so we could not pass anew on the said accompts, but we suppose the former Committee had seen them, and gave in their objections, which with the said John Usher, his answer lye before the House. Only we would add that by his latter accompt he chargeth the Province with 187l. 15s. 5d., which was not in his first accompt, and most of which was recovered of him at Law, and the whole paid by him, and was a charge upon the Province, and are of opinion it ought to be allowed in his accompt. The Report was accepted and sent down.
Message sent down to enquire if the Representatives were upon the consideration of the rules and methods for apportioning and raising of the tax granted by the last session as a fund for the Bills of credit ordered to be emitted. Reply in the affirmative.
Ordered that Mr. Treasurer attend to-morrow with an accompt of the present state of the Treasury.
Bill passed in Council on Wednesday [17th] that plate bullion and silver of sterling allory should pass in payments at 7s. per ounce troy weight, sent down for concurrence, was sent up with the vote of that House dissenting in the enacting part, and offering another clause instead, which the Council could not agree to. The Bill was returned to the Representatives for their reconsideration.
Resolve sent up, that all soldiers wounded or taken in H.M. service, the charge of their cure shall be paid by the Province, was agreed to.
Joint-Committee appointed to consider the proposals of William Chalkhill.
Resolved, upon the petition of Benjamin Ruggles, minister of Suffield, that 100 acres of land be appropriated to the use of the ministry in the said town for ever, provided that the town do forthwith grant and lay out to Mr. Ruggles 100 acres of land in the town accommodable as may be, to the use of him, his heirs and assigns for ever. This resolve was sent down.
March 20. H.E. Communicated to the Council a letter of Feb. 24 from the Governor and Council of Connecticot, intimating that they were about to mark out and notify the line lately run between that Colony and this Province to prevent future occasions of difference, desiring that this Government would join therein.
Mr. Treasurer attending with a present state of the Treasury, whereby it appears that the Province is indebted 2,226l. 11s. 3d. besides the growing charge, he was directed to lay the same before the Representatives.
The Representatives attending, the Speaker read their reply to H.E.'s Speech. H.E. returned thanks and dismist them. [C.O. 5, 789. pp. 802–806.]
March 19.
479. Council of Trade and Plantations to the Queen. The season approaching for the usual convoys to be sent to Newfoundland, where your Majesty has one Company of Foot consisting of 80 private men besides officers, for whom all necessarys are yearly sent by every convoy, we humbly take leave to lay before your Majesty the annexed accounts of what appears to us to be wanting for the support of the said company in subsistance, clothing and provisions, for the supplying of which the most speedy orders are requisite. In relation to the provisions, being informed by the Commander in Chief that in Newfoundland they cannot brew with malt in the winter-season, nor without difficulty in the best of weather, and that beer brewed with molosses is much wholesomer and better in that country, on which account they have been formerly obliged to exchange the malt sent from hence for mollossoes, we are humbly of opinion that accordingly the price of the malt may be sent by the Commodore in money, which may remedy the forementioned inconvenience, and likewise save the freight of malt usually sent, and the accidents to which the sending it may be subject. And we further offer that orders be given to the Commodore to do all that in him lies that the money thus remitted be not embezzled or apply'd otherwise than to the service designed. And whereas there is but one opportunity of conveyance in the year for bringing from thence the muster-rolls upon the musters to be taken by the Commanders of the annual convoys, and such muster-rolls taken by the late Commodore Leake appearing to be compleat, and remaining at present in the hands of the Commissary General, we humbly offer that there be a clearing of the said Company, for want of which they are under great discouragement. But forasmuch as we find by enquiry that upon the desertion or death of soldiers in Newfoundland, the Commanders have taken upon them to complete the companies by listing inhabitants, which is an unnecessary expence to your Majesty, and does no way strengthen the Colony, we are humbly of opinion that they be forbid so to do, and directed not to make use of any other recruits then such as shall be sent from Europe. In relation to the works which have already been began for the fortifying of St. John's Harbour, but are not yet perfected, we humbly propose that the like orders may be given us as in former years, for the seamen on board your Majesty's ships of war to assist therein, during their stay in those parts, in such manner as may not be prejudicial to the sea service. And whereas we have made frequent Representations of the want of a boom and other materials for floating and fixing a chain before the entrance of the said Harbour, which have not been provided by reason of a dispute between the Office of the Ordnance and Navy Board, notwithstanding your Majesty's Order in Council of March 17, 170½, we cannot but repeat to your Majesty the great necessity of such a boom and materials, without which the chain sent thither some time since is of no use, and the foresaid harbour lies exposed to the French at this time when they are watchful of all opportunities to possess themselves of Newfoundland. And in order to the better performance of whatsoever may be necessary for the security of the place, and the protection of that Trade and Fishery, we further humbly offer that the Commander of the Convoy to be sent thither this year, may have the like Commission to command in chief the soldiers in pay there, as has in former years been given to others, and that he may be ordered to bring back with him a true account of the number of the said soldiers and of their fitness for service. Signed, Weymouth, Dartmouth, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior. [C.O. 195, 3. pp. 204–207.]
March 19.
Royal College of William and Mary.
480. Minutes of Council of Virginia. H.E. appointed a Commission to adminster the oaths to the Burgesses. Robert Beverley was appointed Clerk of the House of Burgesses in place of William Randolph, resigned.
H.E. communicated to the Council what he intended to say to the Burgesses.
March 20. Upon a representation from the Justices of Essex Country complaining that Thomas Merriweather, Sherif of that County, hath refused to render an account to the Court of his collection, in contempt of an order of the Court, and that Francis Merriweather, Clerk of the said County Court, had refused to enter an order of the said Court, and praying redress therein, H.E. having acquainted the Council that he had ordered Thomas and Francis Merriweather to attend here on Wednesday, further consideration referred till then. [C.O. 5, 1412. pp. 45, 46.]
March 19. 481. Minutes of Council in Assembly of Virginia. The oaths were administered to the Burgesses.
The Committee appointed for the Revisal of the Laws having finished that business, laid before H.E. the several Bills they had prepared, and prayed him to recommend them to the Assembly.
The Burgesses attending, H.E. addressed them:—I am very glad to see so many of you met. He recommended them to return and choose a Speaker, which was done.
Robert Beaverly was appointed Clerk of the House of Burgesses, and took the oaths accordingly.
March 20. John Gill and Stephen Gill, French Refugees, took the oaths appointed in order to their naturalization.
The House, attending, presented Peter Beverly as their Speaker, whom H.E. approved. They demanded, and H.E. confirmed to them, the exercise of all their ancient rights and privileges. H.E. addressing them communicated to them the glorious success of H.M. arms published in the Gazette of Nov. 1702, and proposed a Day of Public Thanksgiving. He also read H.M. Letter concerning the contribution of the Quota, "I hope in God there will be no occasion for me to use my best persuasions to incline you to a voluntary compliance, being it is the first proposal that H.M. hath made to her Assembly. I will read you H.M. proceedings in Council concerning arms and ammunition, wch. she hath been graciously pleased to order to be sent hither, by which you may see the extraordinary great care H.M. hath for your preservation, and that the sume for buying the arms etc. is nigh three times as much as that for New York. And if you consent (as I hope in God you will) to the 900l. for that place, whatever Address you shall agree upon to H.M. most sacred Majesty concerning that affair, I hope I shall not only join with you therein, but use my best endeavours that it may be obtained. That you may imitate, as far as in you lies and the nature of this Country will allow, that august Assembly the House of Commons of H.M. Kingdom of England, our Mother-Country, are not only my hopes, but my earnest prayers to Almighty God. And that you may know some of their proceedings, I shall now read you their Loyal Address to H.M. And I don't doubt but that you will agree with me that it is an extraordinary good one in all respects, and you may with them not doubt of the full enjoyment of all your rights and liberties, nor of H.M. defending and maintaining the Church as by [law] established etc., H.M. having been always a most illustrious ornament of the Church, and hath been exposed to great hazards for it. And the value which H.M. hath been graciously pleased to set upon the love and affection of her subjects, I don't in the least doubt but it will highly oblige you to give H.M. pledges thereof in your duty and obedience, and that you will most earnestly and heartily join with the hon. House of Commons that you shall always be sensible that H.M. interest and yours are inseparable, and that you will gratefully acknowledge H.M. designs to make you safe and happy, for the full accomplishment of which I shall endeavour what in me lies, and neither cost nor pains shall be spared, nor the venturing my life for it, wch. I take to be according to the duty in all respects wch. I owe to H.M. and the extraordinary love and affection which I have for this H.M. most ancient and great Colony and Dominion of Virginia. And that our endeavours be never wanting what in us lies to make H.M. reign more prosperous and more glorious than any of H.M. Royal predecessors are my most humble and cordial prayers to God Almighty. [C.O. 5, 1412. pp. 461–465.]
March 19. 482. Journal of House of Burgesses of Virginia. See preceding abstract under date.
March 20. H.E. appointed William Ballard Messenger and Macebearer to attend this House.
Committee of Elections and Privileges appointed. Petition of Christoper Neal complaining of an undue return of a Burgess for Northumberland County referred to this Committee.
And see preceding abstract under date. [C.O. 5, 1413. pp. 1–5.]
March 20.
St. James's
483. Order of Queen in Council. Approving Representation of March 18, and confirming the Act of New York referred to accordingly. Signed, John Povey. Endorsed, Recd. Read April 5, 1702/3. 1 p. [C.O. 5, 1048. No. 48; and 5, 1119. pp. 452, 453.]
March 20.
St. James's.
484. Order of Queen in Council Repealing and declaring void the Acts of the Leeward Islands for the better observation of the Lord's Day and for the better support of ministers. [See March 18.] Signed, William Blathwayt. Endorsed, Recd. 17th, Read 20 April, 1703. 1¼ pp. [C.O. 152, 5 No. 21; and 153, 8. pp. 163, 164.]
March 20.
St. James's.
485. Order of Queen in Council. Approving Representation of March 19, and directing the Earl of Nottingham to signify H.R.H., the Lord High Admiral, the Lord High Treasurer and other officers therein concerned, to examine the same, to the end the several particulars, so far as shall be found necessary, be speedily provided and sent to Newfoundland by the next convoy. The Council of Trade and Plantations are to direct the soliciting the speedy dispatch of this affair. Signed, William Blathwayt. Endorsed, Recd. Read March 23, 1702/3. ¾ p. [C.O. 194, 2. No. 110; and 195, 3. p. 208.]
March 20.
St. James's
486. Order of Queen in Council. Approving of the Instructions of Governor Seymour, and directing them to be prepared for H.M. signature. Signed, Wm. Blathwayt. Endorsed, Recd. Read April 5, 1703. ¾ p. [C.O. 5, 715. No. 72; and 5, 726. p. 255.]
March 20.
487. R. Warre to William Popple. Signed, R. Warre. Endorsed, Recd. Read March 22, 1702/3. Addressed. 1 p. Enclosed,
487. i. Circular letter from [? the Earl of Nottingham] to the Governors of all the Planations. Feb. 25. Whitehall. War having been declared in the West Indies as well as in Europe in pursuance of H.M. Orders against the Spaniards, H.M. Would have your Lordship be very rigorous and severe in preventing any ammunition or stores of any kind from being carryd to them, and would have your Lordship use all proper methods that may be most effectual for this purpose. 1 p.
487. ii. Circular letter from [? the Earl of Nottingham] to the Governors of all the Plantations. March 20, 1703. H.M. having considered the ill practice of the merchants and planters in the West Indies during the last war in corresponding with the French, not only in trading with them but in carrying intelligence to them to the great prejudice and hazard of the English Plantations, I am commanded to acquaint your Lordship that by all possible methods you must endeavour to hinder all manner of trade and correspondence with the French, whose strength in the West Indies gives very just apprehensions of the mischiefs that may ensue if the utmost care be not taken to prevent them. 1 p.
487. iii. List of the Governors to whom the above letters were sent. 1 p. [C.O. 323, 5. Nos. 10, 10.i.–iii.; and 324, 8. pp. 226, 227.]
March 20.
488. Minutes of Council of the Massachusetts Bay. H.E. being informed that a considerable number of Frenchmen from Cannada are lately arrived at Port Royal, for the manning out of privateers, to infest and annoy this coast, and that two private men of war are lately fitted and set forth from that place to make spoils and depredations upon H.M. subjects and their estates; Advised that H.E. emit a Proclamation for laying an embargo upon all outward bound ships and vessells until further order; that the Greyhound, Capt. Andrew Wilson, be forthwith taken up, equipped and fitted out on H.M. service, for guarding of the coast, and the securing of navigation; that Jeremiah Dummer and the other owners of the said ship be desired forthwith to prepare and fit the said ship for the sea, and to direct the working upon her to-morrow [Sunday, Ed.], if need be; that Andrew Belcher be directed to victual the said ship, and to put in provisions for seventy men for the space of one month. [C.O. 5, 789. p. 493.]