America and West Indies: May 1703, 26-31

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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'America and West Indies: May 1703, 26-31', in Calendar of State Papers Colonial, America and West Indies: Volume 21, 1702-1703, (London, 1913) pp. 451-472. British History Online https://www.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol21/pp451-472 [accessed 26 March 2024]

May 1703, 26-31

May 26.
Boston.
739. Minutes of Council in Assembly of the Massachusetts Bay. The Representatives took the oaths appointed and subscribed the Declaration. They chose Major James Converse for their Speaker, whom H.E. approved. Names of Representatives:
County of Suffolk:—

Boston, Samuel Legg.
,, Capt. Samuel Checkley.
,, Thomas Oakes.
,, Capt. Ephraim Savage.
Roxbury, William Denison.
Dorchester, Hopestill Clap.
Milton, Capt. Thomas Vose.
Brantery, John Baxter.
Weymouth, Capt. Stephen French.
Hingham, Lieut. Theophilus Cushing.
Dedham, Capt. Daniel Fisher.
Medfield, Eleazer Adams.
Mendon (?), Capt. Josiah Chapin.
Wrentham, Robert Ware.
County of Essex:—

Salem, Capt. Samuel Gardner.
,, Benjamin Lynde.
Lynn, Samuel Johnson.
Marblehead, Richard Trevet.
Beverly, Isaac Woodberry.
Wenham, Thomas Patch.
,, Nehemiah Jewett.
Ipswich, Nathaniel Knoulton.
Glocester, Capt. James Davis.
Topsfield, Ephraim Dorman.
Andover, John Asleblee.
Boxford, John Peabody.
Rowley, Capt. Joseph Boynton.
Newbury, Capt. Stephen Greenleafe.
Haverhill, John Haseltine.
Salisbury, Joseph Clough.
Amsbury, John Kimball.
County of Plymouth:—

Plymouth, Nathaniel Thomas, jr.
Situate, Samuel Clap.
Duxborough, Samuel Seabury.
Marshfield, Samuel Sprague.
Bridgwater, Edward Fobes.
Duke's County:—

Edgertown, Benjamin Smith.
County of Middlesex:—

Charlestown, Captain Samuel Phips.
Cambridge, Thomas Oliver.
Newtown, James Trobridge.
Watertown, Joseph Sherman.
Sudbury, John Balcome.
Sherborne, Thomas Sawin.
Framingham, John Haven.
Marlboro', Capt. Henry Kerley.
Malden, Capt. Joseph Wilson.
Medford, Thomas Willis.
Wobourne, Major James Converse.
Reading, Hannaniah Parker.
Bilrica, Thomas Richinson.
Chelmsford, Nathaniel Hill.
Concord, John Wheeler.
County of Hampshire:—

Springfield, John Hitchcock.
Northampton, John Clarke.
Hatfield, Eliezer Frarsy.
Hadley, Thomas Hovey.
Westfield, Samuel Root.
County of Barnstaple:—

Barnstable, Capt. John Otis.
Yarmouth, Elisha Hall.
Eastham, Samuel Knowls.
Sandwich, Sheerjashub Bourne.
County of Bristol:—

Bristol, Nathaniel Blagrove.
Taunton, Benjamin Crane.
Rehoboth, Nathaniel Browne.
Swanzey, Ephraim Peirce.
Dartmouth, James Sampson.
County of Yorke:—

Yorke, Capt. Abraham Prebble.
Kittery, Charles Frost.
Island of Nantuckett, William Gayer.
H.E. sent a message to the House of Representatives to proceed to the election of Councellours, and directed the Council to attend that work.
Message sent up from the Representatives, that this House are of opinion that every person, who is chosen a Councellour for this Province, ought to have the voyce of the major part of the Electors, and therefore move that the election of Councellours be so made at this time, and for the future, which they apprehend most agreable to the Charter. The Council agreed, but H.E. signed his dissent therefrom in the following words:—I do not consent to this vote, the Charter directing the choice of 28 Councellours for H.M. service, which may faile by this method, and it being contrary to the usage of the General Assembly at every election past since the granting of the present Charter of this Province. And directed that the elections be made after the former manner and usage. The Elections being finished, adjourned until to-morrow.
May 27. The Representatives sent up the names of the 28 persons elected yesterday to be Councellors or Assistants for the year ensuing, for H.E.'s approbation in writing:—
Of the Inhabitants or Proprietors of Lands within the Territory formerly called the Colony of the Massachusetts Bay:—Wait Winthrop, James Russell, Elisha Cooke, John Hathorne, Elisah Hutchinson, Samuel Lewall, William Browne, Isaac Addington, John Phillips, Jonathan Corwin, John Foster, Peter Sergeant, Daniel Peirce, Penn Townsend, John Higginson, Andrew Belcher, Edward Bromfield, Thomas Oakes.
Of the Inhabitants or Proprietors of Lands within the Territory formerly called the Colony of New Plymouth:—John Walley, John Thacker, John Saffin, John Bradford.
Of the Inhabitants or Proprietors of Lands within the Territory formerly called the Province of Main:—Eliakim Hutchinson, Benjamin Browne, and Joseph Hammond.
Of the Inhabitants or Proprietors of Lands lying between the River of Sagadohock and Nova Scotia:—Joseph Lynde.
Of the Inhabitants or Proprietors of Lands within this Province at large:—Samuel Partridge and Samuel Hayman.
H.E. summoned the Representatives, and observed to them that in their list of elections presented him he took notice there were several Gentlemen left out, that were of the Council the last year, who were of good ability for estate and otherwise to serve H.M., and well disposed thereto, and that some others new were elected, who were not so well qualified, some of them being of little or mean estate. And withal signified that he should expunge five of the names, vizt.—Elisha Cooke, Peter Sergeant, Thomas Oakes, John Saffin and John Bradford; and dismist the House, and they returned to their Chamber. H.E. approved the remainder of the list of Councellours, who took the oaths appointed, and subscribed the Declaration and took their oaths as Councellours.
Thanks of the Board voted to the Rev. Mr. Solomon Stoddard for his sermon preached yesterday before the General Assembly, and he was desired to prepare the same for the Press.
H.E. communicated to the Council the advice he had received from the Lord Cornbury by the examination had of some of the Praying Indians lately sent to Canada for intelligence, on pretence of visiting their friends. who report that a party of French and Indians were coming down from thence upon Deerfield. As also a letter expressed by Major March from Casco Bay, intimating that H.E.'s presence there was forthwith necessary to steady the Indians, the Sachems finding difficulty in keeping in their young men, who were ready to be debauched by the priests by their insinuation of jelousys into them, especially since the late infraction made upon Henry Newman and his company, that they would be charged to be the actors thereof, altho' Moxis, the Sachem, sent information that they saw three Frenchmen, two Indians, and two Englishmen passing upon Kennebeck River in Cannoes, who said they came from Canada to take some English prisoners for intelligence and were returning thither again. H.E. ordered the said letters to be sent down to the Representatives.
The Representatives sent a message to H.E. praying for his direction what business was most necessary for the House to go upon. H.E. addressed them:—I am very glad I can meet you at this anniversary Assembly in peace, that neither the coast nor our open frontier to the Continent have been troubled with the enemy; I believe our early care in sending that little force to the Eastward, together with our just and friendly dealing with the Indians, has kept them at quiet. I expected when I last parted from you, I should have given you an accompt of another interview I might have had with the Sachems of the Eastern parts, which I judge very necessary, but the infraction made by our own people upon some of them on friendship at Panobscot delayed me until I might have given them a very full assurence that the mischief done upon them was without my knowledge, which by the restitution of their goods, and the severe treatment of those ill men, I believe by this time is done to their satisfaction, and has now given me a proper time again to demand their attendance upon me, which all my Officers in those parts urge may be presently upon many good reasons. I must also hasten, because in a short time I expect H.M. Fleet from Jamaica in their return home, and I may not then be absent, having H.M. express commands to provide for them, and if they shall be in a capacity to do anything to the eastward upon the enemy, I hope we shall chearfully embrace the opportunity to assist in the service, it being so particularly our own benefit. By letters from Lord Cornbury I have the advice that I may expect a party of French and Indians presently upon Connecticott River, and we must be in a readiness for them, which will put me upon sending home the members of that part immediately. The particular business before you is the making good the votes of the two last Assemblies, in raising the tax for the payment of the Bills already issued, which I hope you will soon get through in so equal a manner that there may be no complaint thereupon. I shall continue to be very ready to do my duty for the advancement of good learning in the College, and am of opinion the particular business of the Assembly therein is to provide a good establishment for the support of the Government of it, that I may humbly represent it in order to obtain H.M. favour to that foundation.
I have had a late earnest application on behalf of the Judges of the Superior Court, in whose hands are the administration of the Laws referring to the lives and estates of all H.M. good subjects of this Province, acquainting me that the allowance made them will by no means support their charge, nor put them beyond contempt in their stations. I should be very sorry to have the administration of Law faile in this great Province upon that head, and I assure you, Gentlemen, I have not many persons in the Province to name in their places, if any of those whom I take to be men of honour should refuse the service upon that accompt. And, Gentlemen, I must freely acquaint you that it would be the last inconveniency upon me to be forced to represent to H.M. that the Government of this Province must faile in any parte or branch of it, for want of a just support for persons in publick offices, which will be absolutely new from any Plantation belonging to the Crown of England.
The Speaker desired a copy of H.E.'s Speech, which was given him and the House dismist. [C.O. 5, 789. pp. 816–821.]
May 27.
New York.
740. Captain Nanfan to the Council of Trade and Plantations. I did myself the honour in October last by H.M.S. Advice to convey a letter to your Lordships, wherein I humbly set forth my hardships, and as humbly pray'd redress, intirely relying on your Lordships' justice, as I doe yet and shall ever; but what I then intimated to your Lordships is now come to pass. Altho' often I have given my accounts and the several wages I have been directed, yet I cannot be able as yet to bring them to an adjustment. The fault is not mine, I humbly conceive; nor in truth am I able to give his Lordship further accounts than copies of them his Lordship already has. My business, my Lords, is to be dispatcht to my affaires in Barbados; for his Lordship here has stopt my pay and without any reason assigned or dismiss shewn me from H.M., only telling one Captain Matthews has my Company, and that his Lordship has a copy of his Commission from himself, tho' never produced to me. Fifteen years, my Lords, I have served in the Army, but never saw a president of this. My Lords, this is not the greatest of my misfortunes; for, besides my often being debar'd my liberty in going to Barbados, by forcing one vessell which carryed my wife, childe and servants to give 5,000l. security that they should take none off without ticketts, which I could not procure. My Lords, a president of this never was in any American Port or the Islands. But to conclude, because I will not much longer trouble your Lordships, my Lord Cornbury well knowing himself, or agent, have received the publick moneys for the soldiers, since Mr. Champante was discharged 25th December, 1701, yet has suffered me to be arrested in more then 1,200l. Actions for the protested Bills drawn since that time and truely applyed to the use of the soldiers, as I can make appear; and now, my Lords, it's nine dayes since I have laine in confinement, nor can I get any surety, nor will his Lordship accept my own bond, tho' in a respectfull letter I offered it. I must needs, my Lords, think I looke not unlike a designed sacrifice where my bread is first taken away and then my liberty. I shall praye Mr. Champante, by way of memorial, to give your Lordships a light of my hardships, which when your Lordships please to consider, I shall not doubt of justice and releif. My Lords, if I have been any way misrepresented for my administration, I must humbly pray your Lordships will please to doe me that honour to procure H.M. citation to answer for myself, and not that I lye and suffer here in confinement to my infinite prejudice a prisoner, not at large but close, at the bene placito of my Lord Cornbury, whose agents I presume your Lordships are not unacquainted have received the soldiers' subsistence since Dec. 25, 1701, which money I now lye under confinement for, his Lordship's authority protecting him from the arrests. I most humbly pray your Lordships that should I in any particular appear too warm in expression, your Lordships will please to impute it to the difficulties I labour under innocently, and for me who was ever as free as an English-born subject could ever hope for, never in confinement till now, to become a prisoner without ingagements, for debts owing to others, I most humbly submit to your Lordships' great wisdome. Signed, John Nanfan. Endorsed, Recd. 19th, Read July 20, 1703. 2¾ pp. Enclosed,
740. i. Abstract of preceding letter. 1 p. [C.O. 5, 1048. Nos. 57, 57.i.; and 5, 1120. pp. 6–9.]
May 27.
Whitehall.
741. Council of Trade and Plantations to Governor Codrington. The enclosed are duplicates of our letters of the 20th and 29th of the last month, since which we have not received any from you. We have proceeded in considering the Acts of the several Assemblies of the Leeward Islands that have been transmitted to us; and herewith send you a copy of our Report upon those of Mountserrat. You will thereby perceive that we have given our opinion for the repealing of two of them vizt., An Act for quieting men's estates and for avoiding litigious Law Suits for Lands and Plantations in that Island; and An Act determining the sitting of Assemblies and regulating the Elections of the same; and H.M. having thereupon been pleased to declare her disallowance and disapprobation thereof, we send you here inclosed H.M. Order in Council of the 8th instant for that purpose, that you may take care the same be published and registred accordingly. As for the reason of repealing the first of these Acts (besides what is touched in our Report) we observe to you that the said Act seems to be only for quieting the present possessors of Plantations in that Island, without any regard to the future quiet of the Island, by providing that in all times hereafter all Suits shall be prosecuted in a certain time, as is usual, and what makes it also lyable to objections is, that (according as it is penned) not only all persons that had right when the Act was made are obliged to enter or prosecute within three years after the date of the Act, but all persons that should then after have any title should sue within three years after the date of the said Act. And as for the second Act, it not being conformable to the directions of H.M. Commission, you are to form such other Act as may be proper to be proposed to the Assembly of that Island in lieu thereof. We have also considered the remaining Acts of the General Assembly of all the Islands held at Nevis and send you here inclosed a Copy of our Report thereupon, which H.M. has been pleased to approve. You will thereby perceive the reasons given H.M. for repealing the Act to settle General Councills and General Assemblies, etc., which as it is drawn we conceive is very irregular, and a breach of the Constitution of that Government, and further seems to be a matter of distrust in any one Island, that by their being concluded by the majority they may be oppressed by such majority, which implies a distrust likewise of you their chief Governour, when by your last negative voice it always remains in your power to hinder the enacting of anything that may be prejudicial to all or any of the Islands. The order for the repeal thereof is here inclosed, and you are to take care that the same be published and registred accordingly. There are two other of those Acts that we have omitted to mention in our said Report, the one (to prevent Papists from settling, etc.) being in expectation of your answer to what we have already writ you about it; the other to prevent any trade or commerce with the French, etc., which appearing to be of great consequence we have thought fit to leave it as a probationary Act without H.M. confirmation, it remaining in the meantime in force till repealed. The other Acts of that General Assembly are confirmed. We have likewise laid before H.M. our Report upon the Acts of the Assembly of Antego held in June last (whereof you have also here enclosed a copy) which H.M. has approved; and you will thereby observe that they are all confirmed except three, which, being temporary, are expired. The Orders of Council for confirming the formentioned Acts of the several Islands will be taken out by the persons concerned or by the respective Agents. Signed, Dartmouth, Ph. Meadows, Wm. Blathwayt, John Pollexfen. [C.O. 153, 8. pp. 185–189.]
May 27.
Whitehall.
742. Council of Trade and Plantations to Governor Sir B. Granville. We have not yet received any letter from you since your departure from hence, but have lately had one from Mr. Skene with the Acts of Assembly and Minutes of Councill, which shall be considered. We send you here inclosed duplicates of our letters of the 20th and 29th of Aprill, unto which we have nothing to add, but that upon the death of Colonel Andrews we have represented to H.M. that Colonel Thomas Maxwell, who stood first upon our list of persons well qualified to be Counsellors of Barbados, might be constituted a member of H.M. said Councill, which is accordingly done; and upon this occasion we send you here inclosed a copy of the said list as it now remains with us, that you may give us any observations thereupon that you think proper for H.M. service, and make such additions as you think fit. Having writ several letters to Bermuda under cover to Barbados, of which we have received no answer, we desire your care in sending forwards these inclosed by the first opportunity, to cause a receipt to be taken from the person who carrys them, and to send us a copy thereof, that he may be inquired of concerning their delivery whether he returne to Barbados or come hither. Signed, Dartmouth, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen. [C.O. 29, 8. pp. 306, 307.]
May 27.
Whitehall.
743. William Popple to George Larkin. The Council of Trade and Plantations not having received any letter from you, since my last of Aprill 29; but having received one from Captain Bennett of Dec. 24, they have ordered me to acquaint you that they do not perceive by his letter that you are under any restraint in the Bermuda Islands, or detained there by his authority, however, their Lordships have ordered me to send you the inclosed copy of H.M. letter to him upon occasion of your complaints, by which you will understand the care they have taken for procuring your release, which (if not done already) will undoubtedly be effectuall. They hope therefore you will be able to repaire to those parts where you have not yet been in pursuance of your Commission, and afterwards to the Leeward Islands, where H.M. has constituted you her Secretary; and they exhort you wherever you come to be very carefull in paying due respect to the dignity and character of H.M. Governours, and as much as possible to avoid all such heats and contests as these have been in Bermuda. [C.O. 38, 5. p. 391.]
May 27.
Whitehall.
744. Council of Trade and Plantations to Lt. Governor Bennett. We have received your letter of Dec. 24, with the papers inclosed just as the packet boat for the West Indies is about to saile. The cheife contents of that letter being about Mr. Larkin's carriage in the Bermuda Islands, we can add very little to what we have writ you already concerning him; and particularly in ours of the 29th of the last month, whereof you have here inclosed a duplicate, together with one of the 20th; only that it will be very fitt you send the said account and vouchers because of the directions you will find in a letter from H.M., which is also here inclosed. You are punctually to observe in every respect. We expect your answer to the paper sent you by our Secretary, Nov. 13 last, whereof we also send you here inclosed a copy. Signed, Dartmouth, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen. P.S.—We are very much concerned that we have not received from you the proceedings of the Council and of the Assembly with the accounts of the Revenue and all other publick transactions which you are directed by your Instructions to transmitt quarterly, and duplicates by the next conveyance. [C.O. 38, 5. pp. 389, 390.]
May 27.
Council Chamber Whitehall.
745. Order of Committee of Council for hearing Appeals from the Plantations. Upon reading this day the Petition of Thomas Symcocks of Gallway, Merchant, as follows, ordered that a copy of the said Petition be sent to the Council of Trade and Plantations, with the desire of the Committee that upon speaking with the Lord Grey in this case, they return their opinion to the Committee therein. Signed, John Povey. 1 p. Annexed,
745. i. Alderman Symcocks to the Committee of the Privy Council for the affairs of Guernsey and Jersey and for hearing Appeals from the Plantations. The Appeal of Alderman Thomas Symcocks of Gallaway, Merchant, touching the seizing and condemning of the Rebecca and her cargoe having been admitted by an Order of Sept. 16, 1701, and directed to be heard at this Board the first Councill day of June last, the same was by an order of July 9 referred to your Lordships to hear and report. Since which your petitioner hath made several applications to your Lordships to have his appeal heard, but by reason of a question that arose before your Lordships touching the authority by which the Admiralty Courts in the Plantations are constituted, your Lordships have not thought fit to proceed to a hearing thereof till the several Governours have transmitted their answer whether they constitute their Admiralty Courts by their power as Governours or as Vice-Admiralls. By your Lordships' directions the Council of Trade and Plantations have written over to the several Governours on this head, but none of them have sent over any answer (save only the Governour of the Leeward Islands) insomuch that several Appeals have been stopt and the persons concerned been kept out of their estates for near these two years, and this appellant for this twelve months, to their very great damage, and the Rt. Honble the Lord Grey who was Governour of the Barbados upon the seizure and tryal of this ship being now in England, who will be able to give your Lordships satisfaction upon this point; it's most humbly pray'd that your Lordships would be pleased to give directions that the said Lord Grey may be required to give an answer to this point in a short time, and that your Lordships will be pleased thereupon to appoint the said Appeal to be heard. Copy. 1¾ pp. The whole endorsed, Recd. Read June 4, 1703. [C.O. 323, 5. Nos. 15, 15.i.; and 324, 8. pp. 253–256.]
May 27.
New York.
746. Governor Lord Cornbury to the Earl of Nottingham. I have obeyed H.M. commands directing Letters Patents to be passed under the seale of this Province for constituting Dr. John Bridges Chief Justice in the room of Mr. Atwood, and for constituting Mr. Broughton Attorney-General, and we are now taking the best measures we can to obey H.M. commands for the restoring Col. Bayard and Mr. Hitchins to their estates and for reversing the judgment against them. Signed, Cornbury. Endorsed, Recd. R. July 20, 1703. 1 p. [C.O. 5, 1084. No. 18.]
May 27.
Whitehall.
747. Journal of Council of Trade and Plantations. Letter from Mr. Skene, March 12, read, and papers enclosed laid before the Board.
Upon further consideration of the letter from Capt. Bennet, Dec. 24, directions were given for preparing a letter to Lord Nottingham.
Letter to Governor Codrington signed.
Letter to Lieut. Governor Handasyd signed.
Letter to Lt. Gov. Bennet signed.
Letter to Mr. Larkin approved.
Letter to Governor Sir Beville Granville signed.
Ordered that the Acts of Pennsylvania, Virginia and Barbados now lying in this office be sent to Mr. Attorney General, and the Acts of Maryland and Jamaica to Mr. Solicitor General, with letters.
Letter from Mr. Thurston, May 25, read. Directions given for preparing letters to Mr. Lowndes and Mr. Burchet.
May 28. Mr. Blathwayt presented to the Board several books relating to affairs in the Plantation Office before the Constitution of this Board.
Letter to Lord Nottingham signed.
Letters to Mr. Burchet and Mr. Lowndes approved.
Letters to Mr. Attorney and Mr. Solicitor General approved.
Letter sent to Mr. Attorney General for his answer to the letter sent him the 4th inst., relating to the coin in the Plantations. Directions were given for preparing a Representation upon the same subject. [C.O. 391, 16. pp. 134–139; and 391, 96. pp. 405–411.]
May 27. 748. Journal of House of Representatives of New York. Bill to supply the defects of an Act for appointing Commissioners to examine the publick accounts etc. read.
Address of the General Assembly to H.E. the Governor read:—
"This Colony in its first and original model or project, 1664, was designed to extend from the West side of Connecticute River to the East side of Delaware Bay or River, being thought then a proper and sufficient territory for the settlement of one Plantation, Colony or Government. But the greatest part of it to the Eastward being in the possession of those who claime under a grant from the Crown, 1661, to the Governor and Company of the English Colony of Connecticut in New England, and all the lands to the westward of Hudson's River near the sea, and most capable of improvement, either by a wrong Representation or a supine neglect, having been lopt off, there only remains to this Colony a breadth of about 30 miles along the shoar; by wch. being reduced to narrow limits and a small number of inhabitants, it's the less able to sustain the burthens it labours under. The situation of this Colony not a little contributes to our calamities, the upper branches of Hudson's River stretching near others which run into the great river of St. Lawrence, afford the French of Canada an easie passage to annoy us on that side, and the Five Nations of Indians, the most warlike in these parts, living contiguous, oblige us to be at an extream charge to gain the uncertain friendship of a savage people, who otherwise would prove a dangerous and troublesome enemy, not only to this, but to all the rest of the English Plantations on the main land of America. The last warr drain'd us of a great part of our youth, who, to avoid being detacht to serve on the frontiers, forsook their native soyl to settle in the neighbouring Colonies and other adjacent places.
Since the Peace, this Collony has raised above 22,000l. in publick moneys, a great part of which has been lavisht so profusely and applyed contrary to the ends for which it was given and against the express letter of both the Letters Patents and Instructions to the late Governor, that must be no wonder if the People (were they able) should be averse to giveing, having fresh before their eyes such apparent examples of the unjust and unaccountable dispositions of their moneys. The languishing and decay of trade is what we cannot omit mentioning to your Excellency, which tho' possibly may be partly owing to the duties we have laid on goods and otherwise (while our neighbours are free) and the unlimited fees taken by the Officers of the Custome House, not less than the present war, yet the practice of the Admiralty must in time deter all mankind from coming among us, which having been in the same hands with the office of Chief Justice, its powers is uncontroulable, for a man to prohibite himself against the byass of 7½ p.c. seems a difficulty not easily got over. It cannot but be obvious to every common man what encouragement it is for any man that has something he may call his own, to expose it by coming to trade where he has no other assurance of his property but the self-denial of a Judge, awarding against his own profit and interest.
The Colony being thus exhausted of men and money, your Lordship is a most competent judge in this exigency how capable we are of contributing to the charge of erecting those batteries your Excellency intends for our defence, especially of bringing them to that perfection wch. may render them any tolerable security. This being the state and condition of this Colony at present, we humbly offer the same to your Lordship's consideration, humbly beseeching your Excellency's intercession with her most sacred Majesty to extend her gracious bounty to these impoverisht parts in bestowing what in her Royal pleasure she shall judge requisit towards the finishing the intended fortifications; and that H.M. will be pleased to give effectual directions that all our neighbours who may receive any protection from them, may assist proportionably to the benefit they may receive; not in the least doubting but in whatsoever it lies in your Excellency's power to relieve us, we shall find speedy redress, and without which (though we may for a time linger and gradually consume) the Colony must at length inevitably come to ruin and destruction. Signed, William Nicoll, Speaker, Col. John Jackson, Col. Matthew Howell, John Abeel, Evert Banker, Col. Killian van Renslaer, John Stilwell, Abra. Lockerman, Josiah Hunt, Stephen de Lancey, Col. Jacobus Cortlandt, Capt. Thomas Codrington, Major Daniel Whitehead, Major William Willet, Joseph Purdy, Col. Henry Beekman, Capt. Thomas Garton and Meyndert Schuyler.
The House attending, H.E., upon receipt of this Address, said that he was always ready to receive the Addresses of this House, and that he should never be wanting to do what lay in his power for the good of the Colony pursuant to the authorities in his Commission and Instructions.
Bill to amend the Act for appointing Commissioners of Accounts was read the second time and committed.
May 28. Bill for prohibiting the distilling of rum and burning of oystershells within New York etc. sent down with amendments, which were agreed to, and the Bill was sent up.
Bill for settling the estate of David Briggs was read a third time and sent up.
Bill for raising 1,500l. towards erecting two batteries at the Narrows was read the first and second time and committed.
May 29. The above Bill was read a third time and agreed to with amendments.
Bill to amend the Act for appointing Commissioners of Accounts was read a third time with amendments and agreed to. [C.O. 5, 1185. pp. 63–70.]
May 28.
Whitehall.
749. William Popple to Sir Edward Northey. Desiring reply to letter of May 4 as soon as may be, the Council of Trade and Plantations deferring their report to H.M. until they shall receive your answer. [C.O. 324, 8. pp. 248, 249.]
May 28.
Whitehall.
750. Council of Trade and Plantations to the Earl of Nottingham. Having lately received a letter from Lt. Gov. Bennett, Dec. 24 last, wherein he has sent us a deposition made by Lawrence Heading relating to the state of the Havana, and the designs of the French in the West Indies (particularly against New Yorke), we send your Lordship here enclosed a copy thereof, and according to our duty observe to your Lordship that by my Lord Cornbury's last letters (an account whereof we laid before H.M. April 2) it appears that there is great want at New Yorke of arms, ammunition and other stores of war necessary for the defence of that Province; all the armes of the four Companies there being very bad. And whereas they ought to consist of 400 men, they doe want near 100 recruits. Signed, Dartmouth, Robt. Cecill, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. 1 p. [C.O. 5, 1084. No. 19; and 5, 1119. pp. 486, 487; and 38, 5. p. 392.]
May 28.
Whitehall.
751. William Popple to Wm. Lowndes. The Council of Trade and Plantations having received from Mr. Thurston a list of cloathing to be sent for the use of the Company at Newfoundland (May 25), with desire that directions may be given as formerly to the Commissioners of the Customs for passing the said clothes etc. custome free, they send you said list to lay the same before the Lord High Treasurer for his direction. [C.O. 195, 3. p. 232.]
May 28.
Whitehall.
752. William Popple to Josiah Burchet. In answer to your letter of the 19th instant relating to the money to be sent to Newfoundland for providing drink made of molosses for the Company of soldiers instead of malt which has been usually sent thither other years, the Council of Trade and Plantations have ordered me to acquaint you that they conceive Captain Richards, the present Commander, or the Commander of the said Company for the time being, to be the most proper person to whom either that money, or any other summe necessary to be sent thither for the use of the said Company may be consigned; and to desire that the Captain of the Centurion, when he shall be about to saile, may be directed to receive the said money into his care, and upon his arrival there to deliver it to the said Commander of the Company, and take his receipt for the same and return it to their Lordships. [C.O. 195, 3. p. 231.]
May 28.
Whitehall.
753. William Popple to Sir E. Northey, Attorney General. The Council of Trade and Plantations have ordered me to send you the Acts of the Generall Assemblies of Pennsylvania, Virginia, and Barbados, which you will herewith receive together with lists of each respective parcell, for your opinion thereupon in point of law, and their Lordships further desire that as soon as you have considered any one parcell of them, the same may be returned to their Lordships without staying for the rest, in order to a quicker dispatch. Annexed,
753. i. List of Acts of Barbados, Nov. 5, 1701—Jan. 21, 1702/3. [C.O. 29, 8. pp. 308–315.]
May 28. 754. List of Acts of Virginia referred to in preceding. [C.O. 5, 1360. pp. 381–384.]
May 28. 755. List of Acts of Pennsylvania referred to in preceding. [C.O. 5, 1290. pp. 322–330.]
May 28.
Whitehall.
756. William Popple to Sir Simon Harcourt, H.M. SolicitorGeneral. Enclosing Acts of Maryland and Jamaica for his opinion in point of Law. The Council of Trade and Plantations desire that so soon as you have considered any one parcell of them, the same may be returned to their Lordships without staying for the rest, in order to a quicker dispatch. Annexed,
756. i. List of Acts of Maryland referred to in preceding. [C.O. 5, 726. pp. 261–264.]
May 28. 757. List of Acts of Jamaica, March 17—Aug., 1702. Sent to Mr. Solicitor-General, May 28. [C.O. 138, 10. pp. 471, 472.]
May 28.
Whitehall.
758. Council of Trade and Plantations to Lt. Gov. Handasyd. You have here inclosed duplicates of our letters of the 20th and 29th of the last month. We have now received one from you of March 30, with several Minutes of Councill and of the Assembly, and an Act relating to the settling of Kingston etc., all of which we have under consideration.
As to the account of the Revenue, we observe that it reaches only from March 25, 1702, to Sept. 29 following; whereas it ought to have begun from the time when the last account sent us from thence ended, which was Oct. 7, 1700; so that there is an interval of near eighteen months between those two accounts; which you are therefore to take care to fill up, by transmitting authentick copies of ye accts. for yt. time by ye first opportunity. As to the foresaid Minutes, we observe also that they are not compleat. Those you have sent us of the Assembly (separate from those of the Councill in Assembly) doe not commence from the beginning of the Session, which was Jan. 13, but only from Feb. 22. whereas we understand from the Earl of Nottingham that you have sent him seperate Minutes of the Assembly from the 14th to the 29th of January, relating to their debates about Port Royal and Kingston, which his Lordship has communicated to us. You are required by H.M. Instructions to transmit unto us copies (not extracts) of all publick Proceedings whatsoever, which we have already intimated to you, and upon this occasion are again obliged to admonish you punctually to observe the same; not only towards us, but to all other offices where anything of this kinde is required from you. We expect your particular answer to what we writ you in our last relating to the Act for preventing the resetling of Port Royall, which will be very necessary to us in determining our opinion upon this you have now sent us for setling of Kingston, etc. In the mean time, however we shall proceed in the consideration of these matters, and give you further directions thereupon as may be necessary. Signed, Dartmouth, Ph. Meadows, Wm. Blathwayt, John Pollexfen. [C.O. 138, 10. pp. 472–475.]
May 28. 759. Minutes of Council of the Massachusetts Bay. The General Assembly being then sitting, H.E. intimated a General Council upon June 5 for the nomination of Civil Officers.
May 29. 114l. 0s. 2d. paid to Lt. Col. Jonathan Tyng for wages due to him and the ten men under him posted in garrison at the fortification and trading house near Dunstable for their service from Dec. 25, 1702—May 25 currt. [C.O. 5, 789. pp. 509, 510.]
May 28. 760. Minutes of Council in Assembly of the Massachusetts Bay. Joint-Committee appointed to examine several deeds, papers, etc. presented by sundry Indians of Martha's Vineyard etc., and report thereon.
Samuel Hayman, elected of the Council, took the oaths appointed and subscribed the Declaration, and took the oath of a Councellor.
Message sent up from the Representatives that they were ready to proceed to the election of five persons for Councellors in place of those negatived by H.E., which H.E. directed them to do. They elected, of the Inhabitants or Proprietors of Lands within the territory formerly called the Colony of the Massachusetts Bay, Samuel Legg, Ephraim Hunt, and Samuel Appleton. Of the Inhabitants or Proprietors of Lands within the territory formerly called the Colony of New Plymouth, Isaac Winslow and Nathaniel Payne. H.E. underwrit his acceptance of the said five persons elected upon the list and sent it back to the House.
Samuel Legg took the oaths etc. appointed as Councillor.
May 29. Petition presented by the town of Mannamoy in the County of Barnstable, praying this Court to hear and determine a difference between the said town and the town of Harwich relating to their bounds, read and sent down to the Representatives, with a Message that forasmuch as this and several other cases of like nature are depending, a Surveyor General be forthwith appointed.
Resolved, that all soldiers posted and to be posted in garrison receive but 5s. per week a man for pay, whilst they continue to serve in garrison; this to commence where it has been otherwise used from May 26. Sent down to the Representatives for concurrance. [C.O. 5, 789. pp. 821–823.]
May 29.
New York.
761. Governor Lord Cornbury to the Council of Trade and Plantations. On the 3d of April last I received a packet from your Lordships with several Proclamations enclosed, directing a publick day of thanksgiving to be observed in England, upon occasion of the great and glorious success of H.M. Armes, and your directions for observing a day of publick thanksgiving here in this Province and in New Jersey. In pursuance of your Lordships' commands, I issued a Proclamation directing April 15 to be observed throughout this Province, which was strictly observed. I likewise wrote to some of the gentlemen of New Jersey, who have acted as Justices of the Peace in the time of the Proprietary Government, to take care that a day of thanksgiving should be observed in that Province; but I did not think it proper to issue a Proclamation there, because my Commission for that Government is not yet come, and I was doubtfull whether that people (who are prone enough to throw off all government) would obey such a Proclamation, knowing that I have not yet received my Commission. It would be very well if it were come; for at this time they are under no manner of Government, which is a great mischeif to this Province, as well as to that; for if any servant here is disatisfied, or any souldier has a mind to desert, it is but crossing Hudson's River and they are safe. On April 4, I received by way of Barbados another packet from your Lordships containing the same directions as the former which came by way of Boston. On the seventh of this instant May I received two letters from your Lordships dated Jan. 26. I have directed the Acts of Assembly, which H.M. has been pleased to disallow, to be taken out of the Secretary's Office and to be destroyed. The other Acts, of which you are pleased to send me a list, I will by the next ship, which will saile in about ten days, give your Lordships an account of them. I perceive by your second letter of the 26th that H.M. has been pleased to confirm what I had done here relating to Atwood, Weaver, and the rest of those I had dismissed from the Council of the Province. I humbly thank your Lordships for your favour in those matters. I will endeavour by my behaviour here to deserve the continuation of your protection. I intreat you to believe that I will continue my utmost endeavours to reconcile the differences that still remain, in some measure, among the people of this Province, tho' nothing near so much as formerly. Atwood and Weaver still continue writing to the people that are called here the Black Party, and incourage them to continue in the same obstinate ways they left them in; but I hope in a little time their eyes will be opened. I perceive by your Lordships' letter of February 22, that you are informed of divers severe prosecutions in New Yorke, upon occasion of the late Government and former resentments. I can not enough admire the confidence of those people who dare offer such falsehoods to your Lordships; for I do positively affirm that there has not yet been any one Proceeding in any Court whatsoever against any person upon occasion of the late Government and former resentments, by the Government. I think Coll. Bayard has brought his action against some of his jury. I doe assure you I shall always punctually observe whatever you shall think fit to enjoyn me, and I shall always use my utmost care and diligence towards the quieting the minds of the people. The General Assembly of this Province is now sitting. I hope by the next ship to be able to give your Lordships a good account of their proceedings. I take leave to acquaint you that I have lately had a visit from Coll. Nicholson, Gouvernor of Virginia. I find that gentleman extreamly zealous for the Queen's service. He perfectly understands this vast continent. I doe not doubt but he will give your Lordships very good informations of all matters relating to those parts. He has promised to come hither again when the great heats are over, at which time Col. Dudley will be here, at which time we do intend to consider of all such things as may be proper to lay before your Lordships for the welfare of these Collonys, and for the making them more usefull to England; and really there will be many things worthy your Lordships' consideration, and perticularly with respect to the Charter Governments; I think it my duty to acquaint you that Collonell Hamilton is dead, and Mr. Pen's Councill have taken upon them the Government. I have some letters from Philadelphia which inform me that they have lately held Courts of Judicature there, in which they have condemned people to death by Judges that are Quakers, and by a Jury of Quakers, and neither Judges nor Jury under any oath. These proceedings have very much startled the gentlemen of the Church of England in Pensilvania. Signed, Cornbury. Endorsed, Recd. 19th, Read 20th July, 1703. 2½ pp. Annexed,
761. i. Abstract of preceding. 1½ pp. [C.O. 5, 1048. Nos. 58, 58.i.; and (without abstract) 5, 1120. pp. 1–5.]
May 29.
Admiralty Office.
762. J. Burchett to William Popple. Orders will be sent to the Capt. of the Centurion to receive and dispose of the money referred to [See May 28], and therefore it will be necessary that it bee despatched away to the Downes as soon as 'tis possible. Signed, J. Burchett. Endorsed, Recd, Read May 31, 1703. Addressed. Sealed. ¾ p. [C.O. 194, 2. No. 124; and 195, 3. p. 233.]
May 29.
Admiralty Office.
763. J. Burchett to Mr. Popple. Severall merchants of London trading to Virginia, having delivered into this office a Memorial to his Royal Highness, by which (for the reasons contained therein) they desire that, instead of July next, the convoy to their Trade may not sayle before September or October, I am commanded by H.R.H. to send you the enclosed copy of of their said Memorial, and to desire you will lay the same before the Councill of Trade and Plantations, it being the Prince his desire, that they will discourse the persons concerned with trade to those parts, and give H.H. their opinion upon the whole matter, for that the month of July was fixed for the convoys sayling, upon a Memorial from their Lordships, and if they may now conveniently stay to September or October, the ships may till then be employed on necessary services at home. Signed, J. Burchett. 1 p. Enclosed,
763. i. To H.R.H. Prince George of Denmark, Lord High Admiral of England. The humble Memorial of sundry long experienced Traders to Virginia and Maryland, setting forth the reasons against and the inconveniences that will attend the sending out a fleet thither with a general convoy the beginning of July, which is reported to be the time prefixt this present year. In no time in our memory July was ever before proposed by the Government or desired by the Traders thither, but September or October was always esteemed the most proper season, both in peace and warr, to send ships to that country. If the fleet for Virginia do depart England in September or beginning of October, may be at their loading ports as soon as tobacco will be got ready for them, and be as quick dispatched as if they had gone three months sooner, for any time before February is earlier than tobacco in general is made ready in hoggsheads. Should the convoy depart in July, not above one half of the ships that are now preparing to goe could possibly get ready to proceed therewith, seamen (cheifly) not to be had upon any account sufficient for such a fleet, which may lessen H.M. customes, besides the creating an unnecessary charge in sending the convoys so early, that if they bring the Fleet that goes with them loaden home, must stay 3 months longer in the country than is needfull. As men cannot be procured betwixt this and July for half the ships designing to goe, so it is not in the least doubted, but by September or October other merchant ships will be returned from abroad with men sufficient to furnish the whole fleet for Virginia and Maryland, without leaving any behind to the prejudice of the concerned. Perhaps to hasten the said fleets going in July it may be insinuated that the countrey will want a supply of cloaths and necessaries, which cannot be, by reason above 100 sayle of ships from London and other ports are gone to Virginia and Maryland since January last, most of which carryed goods proper and sufficient for their occasions. Our principal aim being for the publick good without any reserve, cannot doubt your favourable concurrence. Signed, 10 signatures. 2 pp. The whole endorsed, Recd. Read May 31, 1703. [C.O. 5. 1313. Nos. 18, 18. i; and 5, 1360. pp. 384–387.]
May 30. 764. Lt. Gov. Handasyd to the Council of Trade and Plantations. I received your Lordships' letters of Feb. 23 and March 23 on May 23, and am mightily concerned to find that none of mine are come to your Lordship's hands, only that of Feb. 3, so that mine of Dec. 10 in which I recommended Lt. Coll. Francis Rose as a man fitt to sit in Council in the room of Sir Thomas Muddyfor decd. you received not, tho' I wrote to my Lord Nottingham, and another to Mr. Blathwait at the same time, and my Lord Nottingham answered mine, wch. letter had your Lordships received, I am apt to believe you would have been satisfied with the account therein given, but I am not surprised att this Disapoyntment since H.M. Commission to me as Lieut. Governor was detained from me nere six months, it bearing date the 20th of June, and I receiving itt the 4th of December following. I hope for the future so to manage itt as in case of the failure of my letters by any accident, others may arrive wch. will satisfie your Lordships of the sincerity of my meaning in giving you the most satisfactory acct. I am capable of, tho' since my coming to this Government, I believe no Gally slave has had so many hardships, and gone through so many difficulties as I have by faithful endeavouring to discharge H.M. trust, and to do everything for the good and welfare of the Island, and that through the malice and contrivance of some base designing men, who have endeavoured to put us all here in a flame in hopes to gain their own ends, either by advancing themselves or their friends by itt, but I hope they may be catcht in the flame and rewarded according to merritt. I have understood by some friends that some have endeavoured by themselves or their Agents to misrepresent me not only to the Prime Ministers of State but likewise to your Lordships, that I have turned out severall officers here, such as the Attorney General, Provost Marshall, and whom else they think fit to name. As to the late Attorney, I do own that I did suspend him till H.M. pleasure was farther known; the first reason is, he is stone blind, the second is, he had sold off his goods and was going of this Island for New York ere I entered on the Government and is now gone from hence; the third, his not taking any notice of me after my comeing to the Government in three weeks time, either to advice me as a stranger just come to the Government, or that he was Attorney General, and to know if he could be serviceable or anything like itt, fourthly his base and treacherous behaviour to the late Sir W. Beeston in exposing a letter of his in the General Assembly, relating to the business of the Crown, after Sir William's departure from hence, which shows his base principles. As to the Provost Marshall, he himselfe nor no man that pretends to honour or honesty can say I turned him out. So farr the contrary that I courted him with the most oblidging ways to continue in that employment, wch. he refused positively, and would in no ways be concerned or act, nay not so long as the return of the Writts for calling an Assembly, wch. were issued in his time, wch. was like to be of bad consequence by such delays, I having none to put in to act in his business who was immediately versed in it, neither would he recommend any one that he knew qualified for it. So that I was obliged by the pressing necessities of H.M. affairs and the Island's to put a gentleman in till H.M. pleasure was known. But I find I am not the first that has met with such usage in these parts, as well from them here as from their Agents at home. As to the two Minutes of Council you are pleased to mention, I hope that you will be fully convinced that I never concerned myselfe with any of H.M. publick Revenue by the Minutes of the Council of May 28. As to the Lord Nottingham's letters and the two Instructions sent by your Lordships, after a great deal of difficulties, tho' I could not obtain what is required in the Publick Instructions, viz. perpetuity, yet I have the private, viz. one and twenty years, as you'l see by the Minutes of the Assembly of the 28th May, where you will likewise see what has been done since the last Minutes sent. Your Lordships seem to resent it of me that I do not often send the Minutes, but I do assure you I sent for seaven weeks together twice a day for them, yet could not obtain them till after their last Prorogation, which was for about one and twenty or two and twenty days, so that I hope your Lordships will see 'tis no neglect of mine. You will also find by the Minutes of Council, May 28, what answer we have given to my Lord Nottingham's letter in relation to the French and Spanish trade. The Chief Justice, Col. Laws, being gone for England and not designing to return, I have requested Col. Beckford to accept of the same, that Justice and the due course of Law might not be interrupted, and the Grand Court is accordingly sitting. The strength of the white men in this Island (all under H.M. pay att sea and land excepted) is thirty-five hundred or thereabouts; the negroes and mulatta slaves is about forty-five thousand. Here is come into Port Royal harbour six days agoe five companies and a halfe of Brigadier Collenbine's Regmt. and one of Lt. Gen. Earl's, who were separated from their convoy 50 leagues this side the Island of Maderas. There is still here the two companies that came from New England, and still on ship board in a miserable condition, having neither clothes nor money, nor the Island will allow them no quarters, and I have disbursed as much as I could possibly spare of my own money to keep the officers from starveing. I find myself oblidged to put you in mind, if you approve of it, that a Government may be appointed for the Bay of Campeachy (for fear the French or Dutch should put in one in case a Peace is concluded), which will be of advantage to the Crown, and I have wrote to my Lord Nottingham to the same purpose. I am sorry I have given your Lordships any occasion of dissatisfaction with me, in being too conoise in my acct. of matters, but shall for the future use my constant endeavours to redress itt by giveing your Lordships the best account I can of things worth your Lordships' cognizance, and I shall not doubt of your Lordships' favour towards me as long as I behave myselfe as an honest man, wch. character I hope I shall never forfeit in the oppinion of good men. Signed, Tho. Handasyd. P.S.—There is an Address from myselfe, Council and Assembly to H.M. directed to Sir Gilbert Heathcote and Sir Batho' Gracedieu, requesting them to present itt to H.M., I having first desired them to shew itt to your Lordships. Endorsed, Recd. August 21, Read Sept. 9, 1703. Addressed. 2½ pp. Annexed,
764. i. Abstract of preceding. 2¾ pp. [C.O. 137, 5. Nos. 107, 107.i.; and 138, 11. pp. 5–11; and (abstract only) 137, 41. pp. 11, 12.]
May 31. 765. Attorney General to the Council of Trade and Plantations. On consideration of the annexed Law, since the Crown hath been pleased to give leave for the making laws in the Plantations, reserving only the power of approving or annulling the same, and this Law having been approved absolutely and not for any time or with any reservation to the Crown to repeale it, if it should be found to be inconvenient, I am of opinion the coines therein mentioned are made currant at the values therein mentioned, and shall continue so till the same be repealed by another Act of the General Assembly of that Colony, the passing of an Act there with the absolute confirmation of H.M. having the force of an Act of Parliament made in England. Signed, Edw. Northey. Endorsed, Recd. Read May 31, 1703. ¾ p. Enclosed,
765. i. Copy of Act of the Massachusetts Bay for ascertaining the value of coynes currant within this Province. 1 p. [C.O. 323, 5. Nos. 14, 14.i.; and 324, 8. pp. 249, 250.]
May 31.
Whitehall.
766. Journal of Council of Trade and Plantations. Mr. Attorney General's opinion upon the coinage in the Massachusetts Bay read.
Letter from Mr. Burchet, May 29, with Memorial of the Virginia traders read. Ordered that the merchants (as well such as have not signed the memorial as those that have) be summoned to attend this Board on Wednesday afternoon, and further that Mr. Burchet be desired to inform their Lordships what men of war will be remaining in Virginia when the convoy last sent (wch. they understand is to stay but few days) shal be come away.
Mr. Champante and Mr. Thrale being now present [see May 25], the box of clothes was opened; and Mr. Champante offering to produce the pattern of what was sent over by him, that both may be compared together, he was directed to do it on Friday, and both of them again to attend then.
Letter from Mr. Burchet, May 29, read. Ordered that Mr. Thurston do attend the Board to-morrow in order to such further directions as may be necessary for the dispatch of the affairs of Newfoundland. [C.O. 391, 16. pp. 140–142; and 391, 97. pp. 413, 414.]
May 31. 767. Journal of Assembly of Jamaica. Absent Members fined 20s. each. [C.O. 140, 7. p. 33.]
May 31. 768. Minutes of Council in Assembly of Massachusetts Bay. Ephraim Hunt took the oaths etc. as a Councillor.
Petition of John Gardner of Gardner's Island within the Government of New York, praying that Jeremiah Dummer on his behalf may have liberty to inspect the Records and papers relating to a quantity of goods and treasure put on shoar at his Island by Capt. Kidd, and sent for from thence by the Lord Bellomont, then Governor, and to have copys thereof attested by the Secretary, was granted.
H.E. summoned the Representatives, and intimated to them his intention to goe to the Eastward to-morrow seven-night to speak with the Indian Sachems, and to endeavour to steady them in the English interests, and desired that the House would bring forward the tax and the other necessary buisness before them, and proceed to-morrow to the choice of a Surveyour General.
An accompt of the Bills of Credit remaining in the hands of the Committee appointed to imprint and signe the same, and their demand for their service was read and sent down to the Representatives.
Petition of Edward Gouge, of Boston, complaining of his being illegally restrained and imprisoned, was read.
Ordered that the time allowed for Joseph Hill's experiment [see May, 1702,] be continued to the next Session of this Court. The Representatives concurred.
John Thacher, Jonathan Sparrow, and Sheerjashub Bourne and Major William Bassett were commissioned to have the rule and government of the Indians within the County of Plymouth and Barnstable pursuant to the Act for the better rule and government of the Indians.
H.E. intimated that, it being necessary a Commissary General be appointed for the supply of the garrisons and forces etc. imployed in this time of war, he should commissionate Andrew Belcher.
Ordered that a Bill be brought in for further continuing of several Acts that are near expiring, vizt. referring to the Indian Trade, to souldiers and the frontiers. [C.O. 5, 789. pp. 823, 824.]
[May.] 769. (a) List of the Council of Barbados.
(b) List of persons recommended to be of the Council of Barbados:—John Hallet, Thomas Sadler, Col. John Lesly, Col. Abel Alleyn, Richard Downs, Lt. Col. Robt. Harrison, Christopher Estwick, John Mills, Richard Worsam, John Lucy Blackman, Thomas Hothersal, Thomas Maycock, Jonathan Downes, Wm. Adams. ¾ p. [C.O. 28, 38. No. 11.]