America and West Indies: April 1703, 6-10

Pages 335-349

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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April 1703, 6-10

April 6. Mr. William Robinson's proposition for dividing the parish of Sittingburn in Richmond and Essex Counties was referred to the Committee on the Bill concerning the Church Clergy.
And see preceding abstract under date.
April 7. The Committee appointed to join with the Council to consider of the best methods of carrying on the business of the Assembly and General Court with the greatest ease and conveniency, reported that they had moved to the Council, as instructed by the Burgesses, that this House may have leave to adjourn till such convenient time as they shall think fit after the General Court, and that the Council had replied, that they had no instruction relating to that matter, nor do they believe it ever was thought of by the Council, that it lies purely in the power of the Governor and that therefore they cannot agree to the said proposition. Resolved, that application be made to H.E. for leave for the House to adjourn till a convenient time after the General Court.
And see preceding abstract under date.
Resolved, that it is absolutely necessary to make a Representation to H.M. of the inability of this country to comply with H.M. Commands in contributing the 900l. required for New York. [C.O. 5, 1413. pp. 35–43.]
April 6.
552. Earl of Nottingham to the Council of Trade and Plantations. Having sent to the Council of H.R.H. the Lord High Admiral, that part of your representation about Newfoundland which related to the seamen's assisting on the works ashore and a Boom to be sent for the harbour of St. Johns, I have received from them a letter in answer thereunto, containing their opinion as to both those particulars, which I have laid before the Queen, who commanded me thereupon to send you an extract of the said letter, which is accordingly here inclosed, that you may further consider of this matter and report your opinion in it as soon as may be, and then H.M. will give such other directions as shall be necessary. Signed, Nottingham. Holograph. 1 p. Enclosed,
Extract of Letter. In answer whereto we are to acquaint your Lordship that 'tis absolutely necessary for the service that the Men of Warr should cruise off the coast for the security of the Fishery and themselves untill the trade shall be ready to come away, so that their men can't be spared from them. And as for masts to make the boom, they cannot be carryed from hence in the Men of Warr that are going to Newfoundland and therefore it is necessary the officers at St. Johns should be ordered to cutt masts in the winter time proper for this service, and to send them down thither on the snow. ¾ p. The whole endorsed, Recd. Read April 7, 1703. [C.O. 194, 2. Nos. 111, 111. i.; and 195, 3. p. 209.]
April 6. 553. Journal of House of Representatives of New York. Adjourned till tomorrow.
April 7. Several members being wanting, the House adjourned.
April 8. The House adjourned. [C.O. 5, 1185. pp. 23, 24.]
April 7.
554. Council of Trade and Plantations to Governor Lord Cornbury. We have not received any letter from your Lordship since ours of the 22d February last, wherein we acknowledged the receipt of those which were then come to our hands. We laid before H.M. some time since a Representation upon the Act for 2,000 pounds to be applyed to your Lordship's use, that H.M. might please to give leave for your Lordship to receive the same, which has accordingly been granted; and we doubt not but your Agent will have already transmitted to you the necessary Orders relating thereunto, whereof we send you also here inclosed a copy. We have considered the remaining Acts past at the same Assembly and are preparing a Report upon them to be laid before H.M. We have told you in a former letter that we had prepared a Report with our opinion for disannulling the Act declaring the town of East Chester to be a distinct parish etc. which having accordingly been done, we likewise send you a copy of H.M. Order in Council for that effect. We have now presented to H.M. a Report upon the general state of the Province of New Yorke, according to the letters and papers received from your Lordship; whereof we send you also a copy, that you may see what we have offered to H.M. upon each particular; and have added the Minutes of what has been ordered thereupon, the effect whereof will be diligently sollicited. As to the fortifications proposed by your Lordship, you will use your endeavours with the Assembly that they make provision in the best manner for the defence of the Province. We have sent your proposal relating to an enterprize against Canada to the Earle of Nottingham, that it may be considered of. In relation to the Indians, and the advantage that might accrue by having two Protestant Ministers amongst them, we hope you Lordship's care and our representation will be effectual. As to what concerns Mr. Weaver's accounts, we understand that they are returned to your Lordship for your observations. And we expect that the Accounts of the Revenue be for the future transmitted quarterly. Having already transmitted the Lady Bellomont's accounts to your Lordship we have also given to your Agent the copies of whatever has been offered to us by Mr. Champante relating to the Accounts of Capt. Nanfan, that he may transmit the same. All which Accounts we judge most proper for the examination of your Lordship in Council, in order to your returning a Report upon them and of the particular Vouchers. And we do from former experience think ourselves obliged to advise your Lordship not to charge yourself with the receipt of any publick money or of the pay of the soldiers otherwise than of your own Company; but to let all such receipts and payments pass through the hands of the proper Officers, who are responsible for the same.
Having acquainted Mr. Champante with your Lordship's complaint of the cloathing last sent over by him and received his answer, we have also given a copy thereof to Mr. Thrale for your Lordship's information. We have lately wrote a particular letter to your Lordship inclosing Mr. Attorney General's opinion relating to Actions brought by Coll. Bayard and Alderman Hutchins against the Judges or Grand Jury by whom they were tryed, and we here inclosed send you a copy thereof, as likewise of another opinion of Mr. Attorney General's relating to Graves and Prideaux. We observe in one of your Lordship's letters the difficulty you found to give us the lists of the inhabitants of the Province as required by your instructions, by reason of the ignorance and incapacity of the Sheriffs of some counties, which we doubt not therefore but you will remedy, so that we may expect those lists in convenient time. As to your complaint against the Captains of H.M. ships of war, for their unwillingness to obey the directions of the Governours of Plantations where they come, and the instance you gave of the ill execution of your orders by the seamen sent to seize Mr. Atwood and Mr. Weaver; we do not conceive there ought to be any alteration in the method of such orders. Yours must of course be directed to the Captain or Commander in Cheif, and his to those imployed under him: after which, if any miscarryage happen, those that are the occasion of it must bear the blame, according to the importance of the matter. However upon any information we shall receive from you of the disobedience of Captains of ships, we shall be ready to contribute what lies in us towards a redress. Lastly, as we do expect from your Lordship a constant account by every conveyance of all matters and transactions within your Government, so we do recommend to your Lordship, that your letters be delivered to persons who will be prepared to sink them with weights, in case they happen to fall into an apparent danger of being taken by the enemy. Signed, Weymouth, Dartmouth, Robt. Cecill, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. [C.O. 5, 1119. pp. 461–466.]
April 8.
555. Council of Trade and Plantations to Gov. Sir B. Granville. It having been signifyed to us by some friends of Mr. James Cowse, that he has met with great delays and obstructions in a suit which he is prosecuting in Barbados against Mr. Sharp; and they thereupon desiring our recommendation to you that speedy and impartial justice may be done him; we do accordingly desire your care that speedy justice be done him in the course of his proceedings, and that he may enjoy the benefit of the law, as other H.M. subjects ought to doe. Signed, Jno. Pollexfen, Mat. Prior, Robt. Cecill, Ph. Meadows, Wm. Blathwayt. [C.O. 29, 8. p. 296.]
April 8.
556. Journal of Council of Trade and Plantations. Mr. Merrit and Mr. Roop attending [see April 7], and having offered their thoughts relating to the fitting of a boom wanted for the harbour of St. John's in Newfoundland, they were desired to advise with any other persons they judged fit to give information in that matter, and thereupon to lay before the Board their opinion in writing to-morrow morning in answer to the following queries (1) whether and where trees may be had in Newfoundland proper for making a boom for floating a chaine cross that Harbour? (2) How the same must be done, and how the trees may be transplanted thither? (3) What may be the charge necessary for this service? (4) What time of year is proper for making the said Boom?
Letter to Governor Sir B. Granville signed and sent to Mr. Attorney General, who had desired the same, to be transmitted to him.
Act of New York, Nov. last, and especially that for repealing several Acts, etc., considered.
April 9. Representation upon the wast lands in New Hampshire signed.
Memorial from Mr. Thurston read.
Memorial from Mr. John Roop read.
Letter to the Earl of Nottingham, relating to Newfoundland, signed.
Memorial from Mr. Rowland Tryon read.
Memorial from Isaac Taylor read. Copy ordered to be sent to Mr. Thrale for his answer. [C.O. 391, 16. pp. 61–64; and 391, 97. pp. 277–282.]
April 8. 557. Minutes of Council of Virginia. H.E. laid before the Council an Address presented to him yesterday by the House of Burgesses wherein they represent several difficulties which will be likely to hinder their proceedings especially if the Assembly sit during the General Court etc. [See Journal of Council in Assembly April 7.] H.E. thereupon asked the advice of the Council whether there be an absolute necessity for continuing this present Session, or if a recess be necessary. The Council were of opinion that the House of Burgesses having already made some progress in reading the revised laws, the height of the business of the Assembly will happen in time of next General Court, and therefore (since there's no absolute necessity for continuing this session) they think it will be for H.M. and the Country's service, and the ease of the members that at this time a Recess be granted. But forasmuch as at the beginning of a Session, the Council have little business for several days, they conceive that the General Court time will be very proper for the meeting of Assemblys for the future. In answer to H.E., the Council advised that the first day of next October General Court will be soon enough for the Assembly's meeting, since they do not apprehend there is any absolute necessity for it sooner. Then H.E. desired the advice of the Council whether, if any accident or other reasons should happen which may obstruct the sitting of the Assembly next Fall, it may not be put off till the spring without any detriment to the Queen's or Country's service. Whereupon the Council declare that they are not at present sensible of any inconvenience or detriment likely to happen to H.M. or this Colony's service by the Assembly being further delayed, if any extraordinary emergency should require the same.
H.E. having this day received an Address from the House of Burgesses in answer to his speeches this Session, laid the same before the Council, and asked their advice whether the answer of the Burgesses relating to the Quota for New York is a full, absolute and sufficient answer to H.M. Royal letter. The Council desired time till to-morrow to consider.
April 9. The Council delivered their reply:—We considered the answer to be very plain and full: but for the sufficiencie of it, not having been privy to their debates, nor acquainted with the grounds and reasons of their proceedings, think it improper to give our opinion for or against their actions, especially out of Assembly, having already done our duty as a part of that Body to the utmost of our power for H.M. service in that affair, and not knowing of any further methods we can take to induce them to any other answer.
Then H.E. asked the Council if they knew of anything further proper to be offered by him to the House of Burgesses in relation to H.M. Royal commands for a quota of men and money to New York. The Council declared that H.E. hath already done all that is proper in that affair, and did not think it would be for H.M. service to urge it any further at this time. H.E. desired to know the Council's opinion as to sending the quota of men to New York in case Lord Cornbury should send for them upon any invasion made by an enemy on that province. The Council are of opinion that it will not consist with H.M. interest and the peace and safety of this colony to send the said Quota, for the following reasons:—(1) That every man sent out of this Government will be at least £20 sterling loss to H.M. in her customs of Tobacco in England, though absent but three months in a year. (2) That considering the circumstances of this Country, the Quota of men desired can't be had or rais'd as volunteers, the Generality being Freeholders and Masters of Familys, so that if the said Quota be executed for New York, it must be by a detachment out of the Militia consisting of the said Freeholders and housekeepers. (3) That the said detachment will be attended by other consequences very prejudicial, particularly that as soon as it is understood such a thing is intended, most of the single men and poorer sort of house-keepers will remove themselves into the neighbouring Colony of Carolina, the place to which our runaway servants and desperate debtors do now daily resort as being most accessible both by land and water, and where no quota is required, or wheresoever else they can escape the said detachment, which in all probability will lessen the number in this Colony more than what will actually be made use of in the said service. (4) That if the Quota of men be sent, money must be found for their transportation, subsistence and pay, and we know of no money to be employed for such uses. (5) That considering the large open frontiers this country hath to defend, both by sea and land, and the scarcity of free-men, who only are to be trusted on such occasions, and the remoteness of our habitations one from another, together with the fear of an insurrection from our servants and slaves, who we doubt will be ready in case of an invasion to join the enemy, the Council are of opinion that the Country rather wants men and arms for its own defence, than hath to spare for the assistance of others. We are likewise in the way of all fleets coming through the Gulph from the West Indies, and in regard of our defenceless condition and the vast damage H.M. would sustain by our disturbance, not only by the destruction of one year's crop, but also by ruining our Plantations, and consequently the Trade and custom of Tobacco for divers years to come, we have reason to fear it may be our lott to be attacked as soon, if not before any of our neighbours.
Whereas there are several Orders of Council and Journals of Assembly in the time of Mr. Dionisius Wright, late Clerk of the Council, not yet entered upon the Council Books, ordered that Mr. Wm. Robertson, present Clerk, enter the said Journals of Council and Assembly in the respective Books appointed for that purpose.
Upon the letter of the Council of Trade and Plantations, Nov. 4, ordered that Mr. Secretary prepare a transcript of all Laws now in force here to be sent to their Lordships.
April 10. H.E. asked the Council if they knew of any[thing] further necessary to be offered to the General Assembly, and they declaring they knew of nothing at present, H.E. signified his intention of proroguing the Assembly till Oct. 15.
H.E. acquainting the Council that he thought it was necessary to signify Governor Lord Cornbury the proceedings of this Assembly in relation to the Quota, to the end he may be satisfied no men or money can be expected from hence, ordered that a transcript of the Journal of Council in Assembly relating thereto be prepared for that purpose.
Whereas H.E. and Council are informed by several Masters of ships lately arrived here from Bristol, that a convoy is ordered for this country, and may be speedily expected, being to sail from hence, July 1, and at furthest July 10, Ordered that the embargo laid March 22 be continued till July 1, and in case no convoy arrive before that time, that the embargo be continued until further order.
It being represented by the Naval Officer of the Eastern Shore District that he cannot come over the Bay twice in the year to make up his accounts with the Auditor without a greater charge than the perquisites of his office can bear, the Trade being so inconsiderable in that district, ordered that he be only obliged to attend Mr. Auditor with his accounts at October General Court, and make oath for the half year's accounts before the Justices of Northampton County Court. [C.O. 5, 1412. pp. 58–63.]
April 8. 558. Minutes of Council in Assembly of Virginia. The House attending, addressed H.E. Enumerate their proceedings upon matters recommended to them by H.E.
Message from H.E. sent down:—The ordinances past last session for the defence of the country being only in force till the then next session, I recommend it to your consideration if it is necessary at this time to renew it. I think it is the duty of H.M. good subjects to express a sensible joy for the great and glorious successes of H.M. arms, and recommend to you to prepare a suitable Address to H.M. on this great occasion.
April 9. Report of the Committee for inspecting the Capitol was agreed to with an amendment (details as to furnishing).
Ordered that the Records remain where they now are till the place appropriated for them be finished. The Committee recommended John Redmond for goalkeeper of the Prison and Caretaker of the Capitol at 30l. per annum. The Committee conceiving that the Committee appointed to revise the Laws and also inspect the building of the Capitol have finished the said revisal, it is proposed that fitting persons be nominated and appointed to inspect the said building till they be finished, and to receive the accounts etc. This Report, agreed to by the Council, was sent down.
Petition of Cople Parish, Westmoreland County, referred to the Burgesses.
Message sent down from H.E.:—Having formerly recommended to you that part of the letter of the Council of Trade and Plantations of Nov. 4, relating to the encouraging the natives and College, and also concerning my going to New York, and the Collections of the Laws now in force, and not finding by your Address that you have made any Resolves therein, I do therefore again recommend those matters to your consideration.
H.E. laid before the Council H.M. letter relating to the Quota, and acquainted them that since the House of Burgesses had now given their answer on the said letter, he recommended to the Council as the Upper House of Assembly to consider of H.M. commands and give him their answer thereon. Whereupon the Council took the same immediately into consideration, and resolved that an humble Address be prepared to H.M. in answer.
Resolve of the Burgesses in reply to H.E. [April 8] sent up; that the Ordinance made the last Session of Assembly for the defence of the country in time of danger is sufficient, until there shall be a Session of Assembly.
Resolves of the Burgesses in reply to H.E. message of this day sent up:—That it is the opinion of this house not to concern themselves with the College Accounts; that when the Revisal is proceeded in, it will be a convenient time to take into consideration the setling suitable salaries and fees to the respective officers for the encouragement of the natives of this country; that this House have nothing to recommend to H.E. upon his going to New York; that it is the opinion of this House that the Council of Trade and Plantations do not mean that this House shall provide a copy of the Laws in force to be sent to them, but expect it from H.E., and that he may do it without the House being concerned therein.
Resolve of the House for paying the Committee for the Revisal of the Laws sent up, was agreed to.
The Council agreed to the above resolve of the Burgesses as to the defence of the Country.
Joint Committee appointed for carrying on the building of the Capitol.
April 10. Message sent down that H.E. signifying to the Council his intentions of proroguing this Assembly, the Council conceive that upon such prorogation all Committees appointed by either House are then dissolved, and consequently that appointed yesterday for carrying on the building of the Capitol and Prison must also fall. The Council therefore propose that the persons nominated by them and your House or any two of them be(ing) empowered to execute that trust, without mentioning the word Committee. The House agreed.
The Council consented to the resolves of the Burgesses on the petition of Cople Parish.
The Treasurer's accounts, passed by the Burgesses, were sent up and passed by H.E. and Council.
Report of the Committee to inspect the Capitol sent up passed, was agreed to by H.E. and Council.
Address to H.M. relating to the Quota was amended and signed by all the Council:—We the Council of your Majesty's Colony and Dominion of Virginia, after due perusal and serious consideration of your Majesty's gracious letter concerning a voluntary contribution of a quota for New York, being extreamly concerned that our answer to the like demand made by your Majesty's Royal Brother, in our petition of Oct. 1, 1701, did not give your Majesty the expected satisfaction, but that our management of that affair was disallowed by the Lords of the Council of Trade and Plantations, humbly beg leave in the most dutiful manner to lay before your Majesty our answer to those particulars wherein by the advice of the said Lords we find your Majesty disapproves our conduct in that petition, together with an account of our late endeavours to comply with your Majesty's commands. Whereas in the first place we are charged as having made our application to your Majesty's Royal Brother in an irregular manner by an Agent of our own without the consent of your Governor, we humbly offer to your Majesty's consideration that as we were altogether free from any ill-design in this method, so we never heard before that any such rule had been sett limiting the Addresses of subjects in the Plantations to their Sovereign to be made only by the consent and through the hands of their Governors, and in this particular case our Governor had signified so much of his disapprobation of the proceedings of the General Assembly on account of the said Address, that we judged it would have been improper to have desired or expected his mediation or concurrence therein, but now that we know your Majesty's pleasure, we shall take care in this and all other applications to your Majesty to observe the said rule as to presenting our petitions. In the next place, it is observed of the said petition which was presented to your Majesty in the name of the Council and Burgesses of Virginia, that it was signed by no more than four of the members of the Council, but it often happens by reason of sickness and the remote and distant habitations of many of the Members, the badness of weather and the unpassableness of great rivers and bays at certain seasons, that we are obliged to act with very small numbers, and particularly at that time, there being but a thin Council before the late nomination, and these reduced to many inconveniences by a tedious absence from home during a very long Session of Assembly, several of them had repaired to their homes to look after their business, which suffered exceedingly by so long absence, by which means it came to pass that there were no more of the Council left but those few who subscribed the said petition, the rest who went away before it was finished having been consenting to the several resolves that had been made about it, so that it was really an unanimous consent of the Council. The reasons for excusing ourselves from the contribution are excepted against as insufficient. To which all we have to offer is that though we were then and still are of the opinion that the reasons laid down in the said petition were very sufficient to justify the proceedings of that Assembly with relation to a Contribution of men and money for New York, yet so great is the deference we have for your Majesty's recommendation of that affair to the present General Assembly, that though the said reasons seem to us to be still in full force, we have taken no notice of them but used our best endeavours consistent with the methods of Assembly to further the intent of your Majesty's gracious letter with the House of Burgesses, and take some good method with the said House for your Majesty's satisfaction. And therefore we doubt not your Majesty's candid construction of our proceedings, wch. though ineffectual to overcome the general dissatisfactions of the Country and their Representatives in this affair of New York, yet we think it our duty to assure your Majesty that you reign entirely in the hearts of your Virginian subjects, that there are none in all your Dominions better affected to your Majesty's person and Government than they are. And upon this occasion we humbly take leave to congratulate the wonderful success of your Majesty's forces by sea and land in this last summer's expedition, and to pray to Almighty God that the remaining part of your auspicious reign may answer so glorious a beginning, to your Majesty's immortal honour and the happiness of all your subjects and allies.
An Address was presented to H.E. praying his favour in transmitting the above Address. H.E. replied to the Council that though he could not approve of their Address to H.M. in that affair, yet because it was H.M. command, he would take care to transmit it to H.M.
The Burgesses attending presented a similar Address to H.E., praying him to transmit a similar Address to H.M. "We are well assured a kind Representation from your Excellency on behalf of this Colony will be of extraordinary service, and we should not be just to your Excellency's meritt, if we did in the least doubt your Excellency's zeal for its prosperity, having had so many instances since you came to the Government how much you study to discharge your trust with loyalty and faithfulness to H.M. and respect and care for her good subjects here." He replied in like terms, adding: "As to the part relating to New York, I hope you will not expect that I should say much to mitigate it to H.M. You have said as much as can well be on that subject. I hear it has been represented in your House as if I was disaffected to this Country. Gent., I wish all that ever I have writ into England were now lying here. And when ever I cease to discharge my duty to God, to H.M. and to do all the good I can to this country, may I cease to be alive. I should be ungrateful if I did not return you my hearty thanks for your several respects to me this Assembly concerning what was done in your House, particularly for your kind and obliging Address. I find it for H.M. service to prorogue you to Oct. 15." [C.O. 5, 1412. pp. 488–503.]
April 8. 559. Journal of House of Burgesses of Virginia. See preceding abstract under date. The Assembly's Address upon their proceedings regarding the Quota there referred to concludes:—"It is a great affliction to us that the poverty and necessity of the country makes us incapable of performing what H.M. hath been pleased to require of us; and since our not complying doth not proceed from any disloyalty or undutifulness to H.M. or disrespect to your Excellency, but purely by reason of the disability of the country, and the true sense we have of the general dissatisfaction of the people in that affair, therefore we humbly hope it will not be insisted on."
Bill to prevent the inhabitants of this country from entertaining or harbouring any Indians or imploying them to hunt on any land belonging to the English in the Counties of Henrico and Charles City, was brought in and ordered to lie upon the table.
pril 9. Above Bill read the first time.
And see preceding abstract under date.
Several payments ordered to members of the Committee of the Revisal of the Laws.
Address of the Burgesses to the Queen was agreed to:—As the great and wonderful successes of the arms of your Majesty and your allies against the enemies of your Majesty, your people and the true and holy Protestant Religion, have rendered the beginning of your Majesty's reign prosperous and glorious to your royal self and your people, so must the hearts of all your Majesty's faithful subjects be full charged with gratitude to the Divine Providence for those signal blessings vouchsafed to your Majesty and for the happy influences of your most gracious reign, therefore we your Majesty's most dutiful and loyal subjects, the Burgesses in the General Assembly of your Colony and Dominion of Virginia convened, do most humbly presume to congratulate your Majesty upon this occasion, and to represent to your Majestie our most dutiful and fervent zeale for the service of your sacred person and Government. We are very sensible of the happiness that we and all your Majesties subjects enjoy under your Royal protection, and we hope that none of your good subjects will ever fail of making suteable returns of their duty and obedience. And for ourselves we do most humbly assure your Majesty, that we will upon all ocasions signalize our fidelity and loyalty to your Majestie as farr as our poor circumstances will enable us to do it. But since the benign influences of mercy and compassion do farr excel the glorious lustre of the greatest military atchievements, and since your Majesty is not only our powerful defender against foreign enemies, but our merciful deliverer from all other misfortunes, therefore we humbly hope that your Majesty will be graciously pleased to pardon us, when by reason of our poverty and necessity we shall not be capable of performing such actions as might best testify the sincere and zealous loyalty of our hearts. H.E. Francis Nicholson, Esq., your Majesty's Lieut.-Governor and General, having laid before us your Majesty's Royal Commands requiring a contribution of money and a quota of men (or money in lieu thereof) towards the defence of your Province of New York; In answer thereto, having first made our most humble acknowledgements for your Majesty's grace and goodness to us in proceeding with us in soe parliamentary a way, whereby we have an opportunity of laying the true state of our case before your Majesty, we presume to represent to your Majesty that his late Majesty of glorious memory in the 12th year of his Reign make a like contribution signify his pleasure that we should make a like contribution of men and money for the assistance of New York. Upon consideration whereof in a General Assembly held in the thirteenth year of his Reign, we did humbly represent to H.M. the true state of this Dominion and of the Province of New York, whereby it appeared that the great charges the country was then burthened with, made it impossible for us to comply with H.M. commands, and that by reason of the many inconveniences that would necessarily ensue, it was not for the interest or service of H.M. that we should furnish the men and money required of us; all which proceedings are hereunto annexed, and since the same reasons continue that are therein mentioned, we humbly pray your Majesty's gracious consideration thereof. And moreover we humbly presume to add, that now your Majesty is actually engaged in a war with France and Spain, we are more exposed to danger then before, for when their ships sail through the Gulph of Florida towards Europe, they keep a great way along our coasts, and may easily put into our harbours, and insult our poor open defenceless country at pleasure, and we shall not be able to defend ourselves. It is a great affliction to us that it is not in our power to performe what your Majestie is pleased to require of us. But since our unhappy circumstances do make us incapable of giving any greater testimonys of our zeale for your Mties. service than by this Address, therefore we humbly pray your Majesties Acception and consideration of this true representation of our case, and that you will be graciously pleased to supersede your commands for any contribution of men or money to New York from this poor country, which is in more want of assistance ourselves than capable to give it to others. And as in duty bound, we shall ever pray that your Majesty's reign over us may be long and prosperous as the beginning of it hath been successful and glorious.
This Address was signed by every Member of the Assembly.
April 10. See preceding abstract under date.
Upon the petition of the parish of Copeley in the County of Westmorland, resolved that a Church ought to be maintained in the same place where it hath stood for 40 years, and that the proceedings of the Vestry for building a Church on the other side of the River Nomoine, where no Church was ever before built, are illegal and void.
Upon consideration of Mr. Treasurer's accounts, ordered that it remain an observation on the Journal that Col. Lee's account, taken notice of last session as not sworn to, is not yet done, and that Mr. Treasurer has not accounted for anything in Lee's district since the last Assembly.
Ordered that the several allowances to Members, Clerks etc. be paid out of the Imposition funds from liquors, servants and slaves. The Council consented. [C.O. 5, 1413. pp. 43–60.]
April 9. 560. Mr. Thurston to Mr. Popple. Gives an account of his solicitations in the business of the Boom for Newfoundland. Signed, J. Thurston. Endorsed, Recd. Read April 9, 1703. 1 p. [C.O. 194, 2. No. 112.]
[April 9.] 561. Rowland Tryon, of London, Merchant, to the Council of Trade and Plantations. Recommending that Col. Walter Hamilton, of St. Christophers, who served in the expeditions against the French Caribbee Islands during the late war, and hath an estate in Nevis and St. Kitts, may be appointed Lieutenant-Governor of St. Christophers. Endorsed, Recd. Read April 9, 1703. 1 p. [C.O. 152, 5. No. 23; and 153, 8. pp. 157, 158.]
April 9.
562. Council of Trade and Plantations to the Earl of Nottingham. We have received your Lordship's letter of the 6th inst., relating to Newfoundland, and do think it for H.M. service that while any ships of war appointed for the Newfoundland convoy do remain in the harbour of St. John's, which they have often done, the seamen be assisting on those fortifications. As to the Boom, we continue to be of opinion that the timber for the same may be most expeditiously and with least expence prepared here, and sent from hence either by the men of war or merchant ships going to Newfoundland, there being wanting there artificers, money and other necessaries for that service. But in case it shal not be thought fit that this work be performed from hence, we herewith send your Lordship the opinion of persons conversant in Newfoundland how the same may be best performed in that country, and an estimate of what the charge thereof may amount to, which is to be supplyed from hence. Signed, Weymouth, Dartmouth, Rob. Cecill, Ph. Meadows, John Pollexfen, Mat. Prior. [Autographs.] 1 p. Annexed,
562. i. Opinion of some persons conversant in Newfoundland relating to a boom for St. John's. There are trees fit for the boom at Blackhead Bay, southward of St. Johns, and at several other places northward along the coast, etc., etc. Signed, John Roope. Endorsed, Recd. Read April 9, 1703. 1 p. [C.O. 194, 2. No. 113; and 194, 3. No. 4; and 195, 3. pp. 210–212.]
April 9. 563. Isaac Taylor to the Council of Trade and Plantations. Complains on behalf of Lady Bellomont of the delay on the part of Capt. Mathews and Mr. Mercier in adjusting her accounts with Mr. Champante and himself. Signed, Isa. Taylor. Endorsed, Recd. Read April 9, 1703. 1 p. [C.O. 5, 1048. No. 50; and 5, 1119. pp. 467, 468.]
April 9.
564. Council of Trade and Plantations to the Queen. In obedience to yr. Majesty's Order in Councill of Dec. 17 requiring us to examine and report our opinion upon the Petition of Samuell Allen, Esq., praying that he may be permitted to enjoy the waste and unimproved lands in the Province of New Hampshire in America, and that he may be quieted in the possession thereof, we humbly represent that upon consulting yr. M's. Attorney Generall in relation to Mr. Allen's title to those lands, we have received his opinion; that the said Allen hath a good title to the waste lands in the said Province; that he may enter into and take possession of the same; that if he be disturbed in the possession thereof, it may be proper for him to assert his right by legal proceedings in the Courts of Justice within that Province; and that if upon the tryals which may thereupon be had, the said Allen do insist that the matters of fact be specially found by the Juries that shall be there empannelled, it may be reasonable, that the said Juries be directed to find specially the matters of fact relating to the titles of the said Allen and of others claiming the same lands. Whereupon we humbly offer that considering the inhabitants of the said Province, whereof both Judges and Jurys consist, are generally the parties against whom the said Allen is to contend, and that the said Allen, and those from whom he derives his claim, have for a long tract of time presented their right without effect, and that those families have sustained great damage by the delays they have met with in the determination of justice, yr. Majesty would be pleased to give express direction to Collonel Dudley, yr. Majesty's Governour in Cheif of the said Province, that in case the said Allen shall be opposed by the inhabitants, and hindred from entring quietly into possession of the said waste lands, or that he be disturbed in the possession thereof, whereupon any tryal or tryals be brought before your Majesty's Courts there for settling the title to the said waste lands, and that on such tryal or tryals, the said Allen do insist that the matters of fact be specially found by the Juries, he the said Governour in Cheif do all that in him lyes that the matters of fact shall be specially found accordingly; and further that exemplifications of the entries of all proceedings and other papers relating to the settling of the title to the said lands, be delivered under the seale of the Province to the parties, desiring the same; to the end that upon an appeal or appeals from the judgements thereupon given to your Majesty in Councill, your Majesty may be fully informed of those matters, in order to a final determination thereof. Signed, Weymouth, Dartmouth, Rob. Cecill, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior. [C.O. 5, 910. pp. 450–453.]
April 10.
St. James's.
565. Order of Queen in Council. Approving preceding Representation, and ordering the Council of Trade and Plantations to prepare a letter to the Governor of New Hampshire under H.M. royal sign manuall accordingly, and present the same for H.M. approbation at the Board. Signed, Edward Southwell. Endorsed, Recd. Read April 13, 1703. 2 pp. [C.O. 5, 863. No. 18; and 5, 910. pp. 453–457.]
April 10.
St. James's
566. Order of Queen in Council. Approving of Representation of April 2, and directing that Governors' salaries be settled and paid as therein proposed, and that letters be sent to the Governors and Councils accordingly, to be by them communicated to the respective Assemblies, and that the Rt. Hon. the Lord High Treasurer is to give the necessary directions for settling and paying such of the said salaries as are to arise out of the 4½ per cent. in Barbadoes and the Leeward Islands, and the 100l. sterl. to be added to the salary of the Lieutenant-Governor of Bermuda in such manner as is proposed. The Council of Trade and Plantations are to prepare letters to the respective Governors with such directions accordingly. Signed, Edward Southwell. Endorsed, Recd. Read April 12, 1703. 1¼ pp. [C.O. 323, 5. No. 11; and 324, 8. pp. 241, 242.]
[April 10.] 567. John Roope to the Council of Trade and Plantations. Making a small correction in his paper of April 9, concerning Newfoundland. Signed, John Roope. 1 p. [C.O. 194, 2. No. 114.]
April 10.
General Post Office.
568. Mr. Waterhouse to Mr. Popple. Enclosing the Act of New York for establishing a Post Office with the remarks of the Post Master General upon the same. Signed, Ben. Waterhouse. Endorsed, Recd. 12th, Read April 13, 1703. ½ p. Enclosed,
568. i. Copy of Act of New York referred to above. 12 pp. [C.O. 5, 1048. Nos. 52, 52.i.]