America and West Indies: June 1703, 11-20

Pages 494-512

Calendar of State Papers Colonial, America and West Indies: Volume 21, 1702-1703. Originally published by His Majesty's Stationery Office, London, 1913.

This free content was digitised by double rekeying and sponsored by the Arts and Humanities Research Council. All rights reserved.


June 1703, 11-20

June 11.
814. Journal of Council of Trade and Plantations. Letter from Mr. Burchet, June 9, returning the Journal of the proceedings of the Governor and Council of Virginia relating to Capt. Moody, laid before the Board.
Further progress made with the Acts of Bermuda. And whereas that for an Imposition on liquors, etc., July 3, 1701, does relate to some disputes concerning a former Act for the like purpose, ordered that the state of that matter be laid before the Board at their next meeting. [C.O. 391, 16. p. 156; and 391, 97. p. 443.]
June 11. 815. Journal of Assembly of Jamaica. Resolved, by the Speaker's casting voice, that the Act for quartering the officers and soldiers continue till Jan. 1st. It was read and recommitted.
200l. voted for fresh provisions for the soldiers and seamen on board the fleet.
June 12. The above Bill was read a second time.
Thomas Brayne, not attending, was sent for in custody.
Message sent to H.E. that the House intended to adjourn till Monday, when they would have business for the Council. The Governor recommended all expedition imaginable with the Bill for the soldiers. The House informed H.E. that they would adjourn till to-morrow, it being impossible to get that Bill engrossed to-night.
June 13. Above Bill read a third time, and sent up.
John Ellis, jr., not attending the service of the House, was sent for in custody. His excuses were accepted and he was discharged on paying his fees.
And see Minutes of Council in Assembly under date. [C.O. 140, 7. pp. 37, 38.]
June 11. 816. Journal of House of Representatives of New York. The House met and adjourned.
June 12. A Joint-Conference was held on the subject matter of the amendments to the 1,500l. Bill. [C.O. 5, 1185. pp. 80, 81.]
June 12. 817. Minutes of Council of Jamaica. The Clerk of the Council produced H.M. letters pattents constituting John Baber Secretary of this Island, and his deputation to him, and also H.M. letter licensing Mr. Baber to hold his office by deputy, all which the Board allowed of, the said Deputy having before given security as by Law required.
Upon due consideration of the shortness of the time of the Admiral's stay and the present state of the Island, a letter was sent to him:—"We being given to understand that you with your fleet design to leave us in a little time, and having duly considered the weak condition of this Island, which we think morally certain to be attacked by our enemies surrounding us, in case a sufficient force of ships of war be not left for our guard, take leave to represent to you that in case such a misfortune shall befall us, we cannot think ourselves safe unless at least ten of H.M. ships of war be left." [C.O. 140, 6. pp. 141–144.]
June 12. 818. Minutes of Council in Assembly of Jamaica. The Governor proposed to the Board that, in regard the Assembly was adjourned till to-morrow morning, and had not yet brought up the Bill for quartering the soldiers, what course should be be taken to subsist the recruits till the Bill be brought in and past, they being to be landed to-morrow morning ? The Board was unanimously of opinion that they should remain on Port Royal for two or three days, and Col. Clarke being going to Kingston was desired to take up on the publick account 1,000 weight of cheese and 2,000 weight of bread and canvas with water.
June 13. Bill sent up, for raising money for providing an addition to the subsistence of H.M. officers and soldiers etc., was read.
The Council proposed a joint-conference on the Bill. The House replied, finding the proposal "impracticable and contrary to the liberties and privileges of the House" (cf. June 5, etc.). Whereupon, the recruits being landed and the occasion urgent, the Act was committed.
June 14. The Bill with amendments increasing the allowance proposed, passed and sent down. The House returned it with a message that they adhered to their Bill. It was decided to defer consideration of the Bill till to-morrow, and that meantime expresses be sent to summon absent Members of the Council. [C.O. 140, 6. pp. 486–489.]
June 14.
Admiralty Office.
819. J. Burchett to Mr. Popple. Informing him of the movements of the Centurion, in order to the money for the soldiers' beer at Newfoundland being sent on board (June 3). Signed, J. Burchett. Endorsed, Recd. Read June 15, 1703. Addressed Sealed. 1 p. [C.O. 194, 2. No. 127; and 195, 3. pp. 247, 248.]
June 14.
St. Jago de la Vega.
820. Minutes of Council of Jamaica. H.M. Letters Pattent constituting Robert Hotchkin Attorney General was read, and he sworne in Council. [C.O. 140, 6. p. 144.]
June 14. 821. Journal of Assembly of Jamaica. Bill to enable Justices etc. of St. George's, read a third time.
The Receiver General's accounts were recommitted.
Commissioners' Accounts ordered to lye upon the table.
Bill, to impower Justices of the Peace to decide differences not exceeding 40s., was read the first time.
And see Minutes of Council in Assembly under date.
June 15. The House met and adjourned.
June 16. See Minutes of Council in Assembly, June 16 and 17.
10l. ordered to be disbursed for the refreshment of the recruits.
The House attending, H.E. said he hoped he had behaved himself like an honest man, but since he was misunderstood, the Gentleman who the House had recommended to be Provost Marshall should have the place.
June 17. See Minutes of Council in Assembly under date. [C.O. 140, 7. pp. 38–42.]
June 14. 822. Journal of House of Representatives of New York.
The Committee reported that the Conference upon the 1,500l. Bill had arrived at no conclusion.
June 15. The Council's amendments to above Bill were considered.
Resolved, that the House address H.E. upon the subject matter of some of those amendments and other inconveniencies this Province labours under.
Capt. Schuyler was granted leave of absence.
June 16. Bill to ascertain the Assize was sent down with amendments to some of which, and to some of the amendments of the 1,500l. Bill, the House agreed. They were sent up with a message to this effect and the following Address to H.E. "The House taking notice of the profuse and unreasonable misapplication of the Revenue and other moneys granted by the people heretofore, and the Report made by the Commissioners of Accounts, was induced to desire and insist that some proper and sufficient person might be commissionated as Treasurer for the receiving and paying of such moneys now intended to be raised for the public use, as a means to obstruct the like misapplication for the future. They also pray leave to acquaint your Excellency that the fees exacted by many of the officers within this Colony, in particular those of the Custome House, are unnecessary, unwarrantable, exorbitant, burthensome to the People, and a great obstruction to our trade. They were in hopes to have received some ease and satisfaction by your Excellency's passing some Bills into Laws for their relief in these matters, but to their unspeakable greif are informed that your Excellency's granting them redress in that manner is contrary to your Excellency's Instructions from the Crown. And therefore they are most humble suiters to your Excellency that you will please so to represent these things to her most sacred Majesty, that your Excellency may receive H.M. Instructions to commissionate some proper person a principal Freeholder and Inhabitant here to be Treasurer of this Colony for the receiving and paying the moneys from time to time hereafter to be raised for the support and other exigencies of the Government, and that, whoever hereafter shall be appointed and commissionated Treasurer or Receiver General of this Colony may give in good surety here by able and sufficient freeholders, inhabitants in this Colony, for the due execution of their offices, etc.; as also that your Excellency may receive Instructions from H.M. to condescend to the humble desires of H.M. subjects in General Assembly for the alleviating those burthens the People of this Colony labour under by the unnecessary, unwarrantable and exorbitant fees and exactions extorted by any officer whatsoever etc."
Joint-Address of the Two Houses to H.M. agreed upon: We most humbly begg leave to acquaint your most sacred Majesty that the great hardships and difficultys this poore province hath laboured under dureing the late warr, hath rendred it utterly impossible for us to support and defray so great a charge as must necessarily arise for the building, erecting and repairing such Fortifications onely as will be absolutely necessary for the safety and defence, not of this Province alone, but of all other your Majesty's Territories in North America, especially when it comes to be considered that thro' the great neglect, ill management and misapplication of the Revenue by those who lately exercised the power of government in this Province, the Fortifications on the Frontieers are totally decayed and ruined, and your Majesties Revenue here burthened with a very considerable debt; that your trade and people, as well as your Majesties Revenue ariseing by Customes are also very much diminished by the Charter and Proprietary Governments contiguous to this, from whom the Crown hath no Revenue, nor is their Trade loaded with any impositions, yet deserters from your Majesties service, as well from your Majesties standing forces, and militia detachments as from your Majesties ships of war, which guard this Province, are dayly entertained and harboured there. Wherefore we most humbly beseech your Majesty that you will be graciously pleased out of your Majesties Revenue at home in your Majesties own due time to succor this your Majesties distressed Province here, by giving such necessary orders and directions as may make us happy in the payment of those moneys his late Majesty was pleased to appoint should be paid out of the Treasury in England, for the carrying on and maintaining the Fortifications aforesaid, and since we are very sensible what little dependance there is to be had of the Quotas of the several adjacent Colonies, they having hitherto excused and evaded the payment thereof, that your Majesty will be graciously pleased to extend your compassion towards us in considering the great danger to which this Province is exposed, and in giving such further orders to the said adjacent Colonies, that they may be obliged effectually to comply therewith, etc.
Message sent down that the Council had agreed to the amendments on the Bills for raising 1,500l. and to ascertain the assize.
Address congratulating H.M. signed by both Houses. [C.O. 5, 1185. pp. 81–88.]
June 15.
15th m/4 (Jn.)
823. William Penn to the Council of Trade and Plantations. The time limitted for my attendance being too narrow to accomplish the proposals expected, and since they are of that moment to present and future happiness, to the people as well as myselfe and family, and to be but once done, I take leave to desire two or three days more, on the day call'd Thursday, or ffryday, at farthest, I hope to waite upon you with them, who am your respectfull ffriend, Wm. Penn. Endorsed, Recd. Read June 15, 1703. Holograph. 1½ pp. [C.O. 5, 1262. No. 31.]
June 15. 824. Subscribers for producing Naval Stores to the Council of Trade and Plantations. Reasons humbly offered, by Sir Mathew Dudley and others the Subscribers, against the clause proposed by their Lordships in the draught of their Charter to restrain the transferring of stock within five years. That this undertaking will be of great use and benefit to this Kingdome, and most effectually be carryed on by a joint stock is admitted and reported by your Lordships. The Subscribers therefore conceive all the encouragement ought to be given which is necessary to promote, and all the restrictions to be avoided, which tend to prevent and discourage so usefull an undertaking. That the said clause is unusual and never was (as the subscribers know of) inserted in any Charter tho' of a less publick importance, and such restriction is inconsistent with the common rules and methods of trade and the common priviledges that all other Companies have. That the undertakers being most of them merchants and traders will be frequently exposed to great losses; and may consequently sometimes be under a necessity to make use and dispose of their stock in this Company, and without the assistance thereof too many and great mischeifs and inconveniences may and will attend them. That its very improbable persons will adventure their estates in this or any other undertaking, where they cannot (lett their conveniences or necessities be never so great) have the free use and command of what they have so adventured. That stock-jobbing in what sense soever taken is not a sufficient reason to restrain the transferr of stock for any time, for by parity of reason no man shall be suffered to sell his estate (at least within a limmitted time) because some men have bought ill titles, which would not obviate the evill, unless there were no time when men's estates should be free, and then the remedy would be worse than the disease. So that how short soever such limitations were, it would be so great a disadvantage as no wise man, in hopes only of a distant and uncertain profit, would render his estate lyable to. That the liberty given to executors and administrators its supposed is granted them, to the intent they may therewith be enabled to pay the debts of the testator or intestate, the subscribers therefore humbly conceive it at least equally as reasonable, that a man himself should have the same liberty to dispose of his stock for payment of his debts as his executors or administrators ought to have, whence it follows that everyone ought to have that liberty or none ought to have it; but your Lordships have thought it reasonable executors and administrators should have it, therefore all indifferently ought to have it. That the Subscribers being willing to submitt to the clauses all ready inserted in the draught of the said Charter (and that as conditions of it) to import into this Kingdome yearly such great quantities of naval stores, and likewise to submit to a farther clause obliging them to offer to H.M. the pre-emption of them, and from time to time to contract with the Navy Board for masts of the largest dimensions to be brought from New England; as also that no persons selling shall be capable of buying again any stock in the Company within a year after such sale; and that the capitall stock shall always remain intire, and only the proffits be divided, is a sufficient means to prevent the stock jobbing, your Lordships are so jealous of; and which the Subscribers themselves do equally protest against. That the clause inserted in the draught of the said Charter obliging to transfer within so many days after contract, though it be what the Subscribers themselves offered to show the reality of their intentions, and which is sufficient to prevent all fraudulent transferrs, occasioned by the unjust artifices of raising and lowering stock (which cannot be to any degree in so short a time) as it never was inserted in any Charter, so it being the same provision only, which the late Act of Parliament hath already made, and which will equally affect this as all other stocks, the Subscribers conceive it wholly needless to insist on the said clause. As to what may be said in favour of the said clause, that in case any one be under a necessity of selling his stock, he may dispose of it to one of the Company within the five years, it may be answered, the liberty given to the members themselves to transferr to each other within the five years does not releive them whose necessities require them to sell, or give better encouragement to the undertaking; for supposing the subscriptions should be actually filled, which the subscribers (if the said clause be insisted on) have noe prospect of, the number of purchasers (who may well be supposed to have subscribed allready as much as they are willing to part with ye command of) will be so few, that the sellers must lye under an inevitable necessity of keeping their stock till the five years are expired or dispose of it to a mighty loss and disadvantage, from which consideration none will subscribe much, and few anything; and consequently a thing of so great importance to this Kingdome be rendred wholly impracticable for the sake of a petty, if not an imaginary inconvenience. That severall persons of reputation and estate, who were willing to be, and others who were actually concern'd with the subscribers have only from a true apprehension of the hardship of such a restriction been discouraged, and wholly declined to meddle with or concern themselves in this affair. And if the said clause be insisted on, it will be impossible to compleat the subscriptions necessary to carry on this undertaking, and the subscribers now concerned must and will desist from all thoughts of any further application on this behalf. But in case the said clause may be wholly waved and the subscribers encouraged and favoured by a speedy dispatch, they are willing at their own costs and charges to begin, carry on and effect for supply of H.M. and nation this so necessary, usefull and publick an undertaking. Signed, Wm. Wharton—Agent. Endorsed, Recd. Read June 15, 1703. 5 pp. [C.O. 5, 863. No. 40; and 5, 911. pp. 54–61.]
June 15.
825. Journal of Council of Trade and Plantations. Order of Council, June 10, read. Directions given for keeping draughts of Instructions for Mr. Usher and Col. Dudley, accordingly.
Letter from Mr. Burchet, June 14, read and communicated to Mr. Thurston.
Letter from Mr. Penn of this date read.
Letter from Mr. Usher, June 14, signifying his departure this morning in order to imbark at Portsmouth for New Hampshire, read.
The remaining Acts of the Bermuda Islands, as likewise an Address of the Assembly to his late Majesty, referred to in Capt. Bennet's letter of April 28, were read, and notes taken upon each of the said Acts, as also directions given for preparing a letter to Capt. Bennet thereupon.
Mr. Wharton and Mr. Bridger presented to the Board a Memorial by Sir Matthew Dudley and other subscribers, which was read.
June 16. Draught of Instructions for Col. Dudley and Mr. Usher agreed upon, and Representation signed wherewith to lay the same before H.M.
June 17. Letter from the Lord Viscount Weymouth relating to the report lately prepared, but not yet presented, concerning the rates of forreign coin in H.M. Plantations, read. Directions given for an answer.
The Secretary acquainting the Board that one book of the Maryland Acts lately sent to Mr. Sollicitor General entituled Perpetual Laws without Limitation does contain the very same Acts that had been formerly transmitted hither in separate parcells and upon which their Lordships have had the report of the Lord Chief Justice Trevor when Attorney General, a letter was writ to acquaint Mr. Sollicitor therewith, that he may not give himself the trouble of perusing that book, but return it, and to desire him to dispatch his opinion upon the remaining Acts in his hands with what speed he can conveniently.
Draught of a letter to the Lt. Gov. of the Bermudas agreed upon. [C.O. 391, 16. pp. 157–161; and 391, 97. pp. 447–454.]
June 15. 826. Minutes of Council [in Assembly] of Barbados. 25l. sterl. paid to Arthur Slingesby for one year's rent of the Council Chamber.
H.E. appointed John Mills to be Chief Baron of H.M. Court of Exchequer and Chief Justice of the Pleas of the Crown; Richard Elliot to be Chief Judge of the Court of Common Pleas for the precincts of Christ Church, Jona. Downes for the precincts of St. Michael's, and Thomas Maycock for the precincts of St. James, Alexander Walker for the precincts of St. Peter's, and Robert Yeomans for the precincts of St. Andrews.
H.E. signified to the Board that he intended to give orders for a new Commission of the Peace to issue, but for as much as he had been informed that several of the persons in the present Commission were very unfitt and not qualified for that trust, and therefore would require some considerable alteration for the better preserving the character and reputation of the Magistrates appointed by that Commission, and that there might be none for the future putt in but such as are well qualified for such offices, H.E. did direct the members of this Board to deliver to him a list of the Gentlemen of the best estates and characters within the several parishes.
Private Bill concerning the land settled in trust by Phillip Trowell read the first time.
The gunners H.M. was gratiously pleased to send hither to be employed in the several forts in this Island, complaining that they wanted subsistence, and their salaries being appointed by H.M. to be paid in England and of the money arising from the 4½ per cent., and there being no orders [for] their payment out of the said fund here, nor any directions how they shall be from time to time supplied, the Hon. Samuel Cox offered to supply them with money, if H.E. would grant him his letter to the Lord High Treasurer, which he promised.
245l. 6s. 3d. paid to John Duke and fifteen men for guarding the Magazine.
Ordered that the Commissioners of the Fortifications report what quantity of the stores imported be necessary for each Division.
H.E. delivered to the Board and to the Assembly H.M. Letter of April 20, 1703, forbidding him to receive any presents from the Assembly. The Speaker acquainted H.E. that the House had voted him a present of 2,000l., which H.E. refused as contrary to the said Order.
The Hon. Richard Scott, a member of this Board, was granted leave to go for England to settle some affaires there and for recovery of his health.
Petition of Capt. William Mill, Commander of H.M. brigantine Larke, read, setting forth that 'tis very difficult on any or great occasion to man her, the men often deserting for want of being paid at the end of their cruise, and that 'twould conduce much to H.M. service and the good of this Island, if a certaine number of sailors were constantly kept and paid every six weeks, that they might be sure of them upon all occasions. Said petition referred to the Assembly. [C.O. 31, 8. pp. 48–52.]
June 15. 827. Journal of Assembly of Barbados. The House met by a special call from H.E., who recommended to them the consideration of the Act relating to the practisers of the Law, and also of the charges of the French Flagg of Truce. The barristers having been heard, it was resolved that no person shall practice as a Lawyer without taking an oath in that case to be appointed, and a Committee was appointed to consider the Act to prevent abuse of Lawyers and multiplicity of Law-suits.
Resolved that Capt. Cazelis (of the Flag of Truce) be allowed 5s. per diem and each of his men 15d., from the time that their own provisions were expended.
Voted, that Mr. Bridges be continued in his Agency for the country.
Accounts of Kingston Townsend for provisioning the Larke, committed.
Resolved, that no one practise as a lawyer in Courts where he is an officer. Two Bills about lawyers ordered to be considered. Committee appointed to examine into officers' fees. [C.O. 31, 7. pp. 71–76.]
June 15.
828. Minutes of Council of Maryland. Letter from Governor Lord Cornbury, May 25, read. "I take the opportunity of H.E. Col. Nicholson's returning to his Government, to intreat the favour of you that the sum of 300l. voted of the Quota, may be transmitted to me by bills upon some person in London." Referred to consideration of full Council on June 22nd.
Ordered that Lt. Col. Thomas Smithson, Publick Treasurer of the Eastern Shore, transmit hither what money in his hands in order to make up the part of the Quota voted by the Assembly by bills if possible. [C.O. 5, 745. pp. 30, 31.]
June 16.
829. Governor Sir Beville Granville to [the Earl of Nottingham]. Enclosing copy letter [of June 4th]. Endorsed, 26/90 and foot note to no. 787. Enclosing copy of letter [of June 4th]. Endorsed, R. Aug. 21, 1703. Holograph. 1 p. [C.O. 28, 38. No. 15.]
June 16.
830. Council of Trade and Plantations to the Queen. Enclosing Draughts of Instructions to Governor Dudley and Lt. Gov. Usher, as proposed June 4. Signed, Rob. Cecill, Ph. Meadows, John Pollexfen, Mat. Prior. Annexed,
830. i. Drafts of Instructions referred to in preceding. [C.O. 5, 911. pp. 65–69.]
June 16.
831. Governor Sir B. Granville to the Council of Trade and Plantations. By the Pacquet Boat which arrived here the 14th instant, I received two letters from your Lordships, April 20 and 29, together with the signification of H.M. pleasure in relation to my salary, and the receiving no present. I shall always most strictly obey whatever H.M. is pleased to command me, but must beg leave to represent to your Lordships that the whole advantage of this Government being reduced to 2,000l. a year makes it much lesse profitable to me then it has ever been to any other Governor whatsoever; that having no intimation nor any reason to believe it would be made lesse to me then what it had been to others, I was at the same charge in providing what was necessary to support the dignity of H.M. Commission; that this is by far the dearest place in America, if not in the whole world, and all necessaries to be purchased at an extream and excessive price, that 600l. in England will goe as far as 2,000l. will here, that instead of reaping the advantage, which has been allowed by all H.M. predecessors to those who have had the honour to serve them in these parts and bettering in some little measure their fortune, I shall be very happy if at the year's end with the best husbandry I find not myself in debt. Upon these considerations I beg your Lordships' favourable intercession with the Queen for an encrease to my salary and that I may not be in a worse condition than any who have gone before me, that that encrease may be equall to the present always made and now taken away; without this I shall have the satisfaction only of serving H.M. in a place where few care to come upon any account and to have left for it employments in her service in Europe of more advantage to my private fortune. Your Lordships' directions in relation to the Courts of Justice and proceedings at Law I shall very punctually observe, and will give not any just cause of complaint against me in that matter or any other. I shall by the first vessell to Bermuda forward your Lordships' letters thither; at present there is none here bound thither. The convoy with the merchant ships from England is not yet arrived. It was May 10 before I arrived here, which occasions this to be the first letter I have the honour to write your Lordships and prevents me yet from being able to be particular in any account of the publick transactions here. I shall prepare myself against the return of the next packet, in the meantime I crave leave to assure you that I shall endeavour with all the diligence and duty that becomes me to discharge to your Lordships' satisfaction the trust the Queen has reposed in me. This island is more unhealthy then it was ever yet known to be, there being a very dangerous distemper all over the country as well as in the towns, the distemper is very catching and very mortal. The Engineer dyed of it in ten days after his arrival, and since that the Master Gunner. It would be for H.M. service that an able Engineer was sent hither by the first opportunity; we very much want one. There are no directions yet come hither for money to pay the Gunners sent hither with me; as they are to be paid out of the 4½ per cent. it will be necessary they receive their pay here. I beg your Lordships' speedy consideration of them, without which those poor fellows will soon be in a wanting condition. I have no manner of news to trouble your Lordships with all, not having yet received any informaton whatever from abroad, but of the unsuccessfull attempts on Guardalourp, the particulars of which I know your Lordships have from surer and better hands, recommending myself therefore to your protection and favour. I remain with all submission and respect, Signed, Bevill Granville. Endorsed, Recd. Aug. 21st, Read Sept. 9, 1703. Holograph. 6 pp. Annexed,
831. i. Abstract of preceding. 2 pp. [C.O. 28, 6. Nos. 98, 98.i.; and (without abstract) 29, 8. pp. 320–324.]
June 16.
St. Jago de la Vega.
832. Minutes of Council of Jamaica. Ordered that the Governor be reimbursed for the money he has paid for 16 soldiers out of quarters. [C.O. 140, 6. p. 145.]
June 16. 833. Minutes of Council in Assembly of Jamaica. The Bill for quartering the soldiers was read a second and third time and passed. A message was sent down, desiring the House to name some person to be Provost Marshall, the foresaid Bill having incapacitated the present person from acting. The House proposed John Hickman.
The Governor summoned the Assembly to attend and addressed them:—I am mightily concerned and I hope every true Englishman is soe to see our Gracious Queen's great clemency and goodnesse soe neglected (especially after the votes of your House and your Address to H.M. sent home), by letting 400 of her subjects, recruits sent by H.M. for the safeguard and preservation of this her island, your persons and estates, which now are, and for four days past have been exposed to hunger, thirst and dews by night as well as the excessive heats by day and other inconveniencies, which you cannot but be sensible of, several of them are already dead on the Point, and I much fear a great many more will follow through your delatory proceedings by denying a free Conference with the Council on the subject matter of the Quartering Bill (which you are pleased to term a Money Bill), and contrary to former precedents and the undoubted methods and proceedings of the former Councils and Assemblies of this Island. I am sorry, Gentlemen, that I should be forc't to lay this heavy charge at your doores, but must acquit these Gentlemen of the Council, who have with honour discharged their duty to H.M. and shown a just regard for their country. Then the Governor passed the Bill.
June 17,
7 a.m.
The House sent up their reply. "We H.M. dutiful and loyal subjects are extreamly troubled that your Honour should think us chargeable with neglect of H.M. forces sent hither for our safeguard, or that any suffering of theirs should be laid to us, since we being desirouse to prevent all accidents of that kind, did on March 15, 1702, pass and send up to the Council a Bill, for the present subsistence of H.M. soldiers, which was to continue in force to Sept. 15, 1703; which Act being delayed in Council, least the soldiers should continue out of quarters, we were farther willing to use all means for the advantage of H.M. soldiers and sent up on March 23, 1702, a Bill, for continuing H.M. private soldiers in quarters, which past the Council and was of force till May 1, 1703, and no longer. Whereupon the Assembly sent up one other Bill to continue the quartering of the soldiers, which they did intend to renew until the passing the Act yesterday consented to by your Honour, which Act on May 5 was unanimously rejected by the Council, and your Honour did concur in opinion with the Council therein. By all wch. Acts we did to our utmost provide as well for such recruits as should after that time arrive as well as for the soldiers then here, etc. As to the Bill consented to yesterday, wch. your Honour sayth we are pleased to term a Money Bill, we are sensible it is such, and the greatest tax for the time that hath ever been laid in this Island, which to show our zeal we were willing to give, notwithstanding our great losse by the fire at Port Royal, and we are well assured that we ought not to consent to any such conference on such money Bills as in your Honour's Speech is mentioned, it being contrary to our known rights and libertys."
The Governor's reply was sent down:—Your message, tho' you seem to think it much to your advantage, yet you can never perswade me to believe contrary to what I have seen and heard. It is not my design to enter into a paper warr with you, but hope you will joine and be unanimous in carrying on the business lyes before you. The Speaker has moved me to-day for leave to adjourne for some time for quartering the soldiers. I shall take no message from the Speaker, but if proper application be made, I shall give leave to what is reasonable.
The House applied for leave to adjourn till June 28, which was granted, many of the Justices, Churchwardens and Vestrymen now sitting in the Assembly and cannot, without an adjournment, attend the quartering of the soldiers. [C.O. 140, 6. pp. 489–495.]
June 17. 834. Rowland Tryon, of London, Merchant, Correspondent to Col. Walter Hamilton of St. Christophers, to the Queen. Col. Hamilton, who was an officer in the several expeditions against the French Charibbee Islands throughout the late warr, has been recommended by Gov. Codrington to be L.G. of St. Kitts, and prays for H.M. Commission accordingly. 1 p. Subscribed,
834. i. June 17, at the Court at Whitehall. H.M. is graciously pleased to referr this petition to the Council of Trade and Plantations for their report. Signed, Nottingham. The whole endorsed, Recd. 21, Read 22 June, 1703. [C.O. 152, 5. No. 31; and 153, 8. pp. 197–198.]
June 17. 835. Journal of House of Representatives of New York. Bill, to oblige persons to pay their arrears of 1,000l. tax, read the first and second time, and committed.
The House presented their address [June 16] to H.E. in Council, which was favourably received.
June 18. The above Bill was read the third time and sent up.
Bill sent down, for the better enabling the farmers of the excise within the City of Albany to collect their excise and to prevent frauds therein, was read the first and second times and committed, and was rejected.
The Engrossed Address to H.M., sent down, was signed by the House and sent up.
June 19. H.E. summoned the Assembly to attend and gave his assent to the following Bills:—(1) To enable the Justices of the Peace for Albany to repair or rebuild a Common Gaol and City and County Hall and to pay their arrears of their publick charges; (2) to enable the Ministers and Elders of the French Protestant Church in the City of New York to build a larger Church; (3) prohibiting the distilling of rum and burning of oyster-shells into lime within the City of New York, or within half a mile distance of the Hall of the said City; (4) for laying out, regulating, clearing and preserving publick common highways throughout this Colony; (5) explaining the Act for defraying public charges, and for maintaining the poor and preventing vagabonds; (6) for the better and more speedy recovery of the forfeiture of 6l. for persons not appearing upon detachments etc.; (7) for the better establishment of the maintenance for the Minister of the City of New York; (8) declaring the illegality of the proceedings against Col. Nicholas Bayard etc.; (9) amending the Act appointing Commissioners of Accounts; (10) raising 1,500l. towards erecting two batteries at the Narrows; (11) ascertaining the assize of casks etc.; (12) obliging persons to pay their arrears of the 1,000l. tax.
H.E. adjourned the Assembly to the second Tuesday in September. [C.O. 5, 1185. pp. 88–92.]
June 17.
Royal College of William and Mary.
836. Minutes of Council of Virginia. H.E. laid before the Board H.M. additional Instructions concerning convoys (Jan. 7, 26). Ordered that no ship sail without convoy, and that notice be given to Commanders of vessels to hasten their lading that they may be ready to sail with the convoy daily expected. To prevent any vessel running away contrary to this order, advised that H.E. issue his order to Capt. Bostock, H.M. adviceboat Eagle, to cruise in the Bay. Capt. Bostock representing that it was absolutely necessary to careen his vessel, ordered that he do so as speedily as may be, and that he have a warrant to impress so many Carpenters as shall be necessary, he paying them for their labour. Capt. Bostock praying H.E. to give order that he may be supplied with money for workmen for careening, and for provisions, H.E. declared that he would endorse Capt. Bostock's bills drawn on the Commissioners of the Navy or Victualling Office to any person for work done or provisions supplied to the Eagle. Upon Capt. Bostock's request for stores, ordered that Edward Ross, gunner at James City, deliver to Capt. Bostock so many of the gunner's stores demanded by him as can be furnished out of the magazine at James City.
Ordered that, so soon as the vessel is careened, Capt. Bostock cruize in the Bay between Cape Henry and Point Comfort at all fair and reasonable opportunities; and that he take care to impress no man without H.E. warrant, according to his Instructions.
Upon Capt. Bostock's account of the sloop Elizabeth, whereby it appears that she is in want of many things to fit her for service, ordered that a Committee survey her.
Order concerning the Militia approved:—It being credibly reported that a squadron of French men-of-war are speedily expected in the West Indies, and that the French are very strong in Canada and ready to invade H.M. Plantations: Ordered that the Colonels and Commanders of the Militia appoint persons to look out to seaward, and take care of the frontiers by land, to appoint a General Muster, and private musters every three weeks, to make returns of the Militia before July 20, and to draw out every fifth man in their troops and companies, every ten such fifth-men to choose an officer. The Militia to be held in readiness for all occasions and an account of arms and ammunition taken.
H.E. acquainted the Council that when he was at New York, he was informed, not only by the Lord Cornbury, but also by several other Gentlemen there of the ill-condition the frontiers of that H.M. Province are in, their forts being ruinous, and their standing forces but in a mean condition to oppose the enemy, especially considering the strength of the French in Canada, where 'tis said they have a great many regular troops and their late practices amongst the Five Nations rendering it more than probable that they have a design on that Province; that therefore H.E. being apprehensive of the danger this Colony is in, if the French should prevail upon the frontiers of New York, concludes it to be absolutely necessary upon any advice of the motions of the French towards that province, to draw a strong detachment of the Militia of this Colony towards our Northern frontiers for our defence in case this country should happen to be attacked next. And further, that being sensible of the danger that threatens New York, he had given Lord Cornbury bills of exchange for the 900l. demanded by H.M. of the Assembly here, according as he had formerly promised upon the Assembly refusing to comply with H.M. said demand, and laid before the Council Lord Cornbury's receipt.
Whereas Col. Thomas Godwin, Commander-in-Chief of the Militia in Nansemond County, hath informed H.E. that the Maherine Indians having discovered a bark boat coming down the Maherine River with about seven men in it and supposing them to be spies from the Senequah Indians, laid wait and killed five, the other two making their escape, but when they came up to the boat, they found the slain to be white men, having several English goods with them, Ordered that a copy of Col. Godwin's information be sent to Col. Wm. Byrd, and that he send forthwith to the Manican Town to enquire if any of the French Refugees there be missing. And because of the danger that attends the frontier plantations from the incursions of Indians now in this time of war, when it may reasonably be believed they will be set on by the French of Canada to commit murder and other depredations on this Colony, it is also ordered that Col. Byrd appoint some of the Militia Officers of Henrico County to visit the French Settlement at Manican Town once every week to charge them not to leave their habitations nor to straggle into the woods any distance from their settlement, and also that the said officers observe what condition they are in, and what order they keep amongst themselves.
William Chichester was admitted to be a pilot in James River.
William Bernard of Gloucester County by his petition setting forth that John Brown, late of said County, dying without heir or relation in this county, he, Bernard, administered as greatest creditor; since which a sum of 9l. 10s. 3d. has come in, which he prays may be granted to him; ordered that the matter be referred to Mr. Auditor Byrd, and that the balance be granted to petitioner if he has no objection.
Petition of Silvanus Stokes the Elder, of Charles City County, complaining of great abuses offerred him by Capt. Richd. Bradford, particularly by breaking open the door of his house and going into bed to his wife, referred for enquiry.
The information of Walter Cole, Surrey County, mariner, that he had been told in London that H.M. had given order for holding the General Courts of this Country at James Town as formerly, H.E. asked the advice of the Council whether upon this information a stop shall be put to the building of the Capitol. Advised, that the information be disregarded, being only upon hearsay.
Return ordered as to whether the frontier Plantations are seated according to an Act of Assembly, 1664.
Letter from Col. Robert Carter read, in answer to one from H.E. commanding him to bring with him a letter directed to him and dropt between the Capitol and the house of Mrs. Waley, intimating that the Queen had appointed the Lord Portmore Governor of this Colony. Carter in his answer denying that he dropt any such letter at Williamsburgh, nor wanted any letter that bares direction for him as he knows of, and now further declares in Council that he never had nor saw that letter, H.E. after having signified to the Council his dissatisfaction with the reports that have been lately spread concerning a new Governor, told them that since H.M. nor the Lords Commissioners for Trade have intimated any such thing to him, he commanded them in H.M. name to forbear such discourse for the future.
Whereas several persons have of late taken upon them to spread diverse false reports tending to the disturbance of this H.M. Colony, H.E. in Council is pleased to order that the Justices of the Peace take care to have the Laws against publishers of false news put in effectual execution, as they will answer to the contrary.
Order directing all ships to ride at certain places mentioned, for their safety in time of war, in accordance with the Act of 1667. [C.O. 5, 1412. pp. 71–79.]
June 18.
18th m/4 (Jn.)
837. William Penn's Proposals to the Council of Trade and Plantations "about the Surrender of the Government of my Province of Pennsylvania." (1) That the Government of the Province of Pennsylvania and Territories continue to be the same distinct Government under the Crown that it hath always been and now is. (2) That the Laws and Constitutions thereof be confirmed by the Queen, except such few as I shall object against. (3) That a Patent pass to me and my heirs for the three Lower Countys of New Castle, Kent and Sussex, called the countys annexed or Territorys of Pennsilvania, according to a grant begun by ye late King James, and had been finished had he stay'd one week longer at White hall, as may appear by a Bill drawn in persuance of his warrant, signed Will. Williams, Attorney or Solicitor Generall. (4) Since my first expedition cost me 10,500l., and that my Government has stood me in twice as much, and since that Government was ye best part of the consideration I had from ye Crown, having bought the land of the natives over and over, and yt ye soyle is only made of any value to me upon my own interest, and their and my charge that engaged, and that from henceforward my shop windows will be shutt down and my markett over (my case and yt of my Province having Peculiaritys distinct from all others) the motive to treat being over by my surrender of my Government, and since that will disable me to pay the Debts ye whole has contracted upon me and my estate, by loosing the benefitt and yt prospect of return the People's Justice might afford me and my posterity as their Governor, and since my property as it is called and distinguisht by an English scale, while but a wild and unculted one, and never to be otherwise but at my cost, which is 99 parts in 100, besides the fall 'twill give to our present settlements (that rise fifty p. cent on my last arrivall there) and an abundance of seen and unforeseen prejudices, yt may follow to me and myn, and those engaged on my account, and that the custome of goods imported here from thence, directly amounting from 1,500l. since my arrival to 10,000l. p. annum to the Queen, and by circulation of our trade by the Ilands in their commoditys hither, to no less yn as much more, wch. before it was myn never returned anything, I hope it will not be thought hard that I ask thirty thousand pounds pd. and one half ye penny p. pounds upon tobacco in the country, as well as of wt. sum or sums the people shall give and grant the Governour for ye time being for his salery by my assistance. (5) Having so great a stake there, and ye inhabitants thereof, and to distinguish myself and family as the founders of ye country, that I and my Heirs shall have power to present, as often as a Governour is wanting, 2 or more persons, to ye Queen or King, for ye time being, qualifyed for that station, for her or him to appoint and commission one of them to be Governor and Vice-Admiral thereof. (6) That no appeals shall lye to the Queen in personall actions, where the cause of action is of less value yn 200l. (7) That all Rights, Priviledges, Jurisdictions, Power and Preheminences, granted unto me and my Heirs by Patent as Lord of the soyl and waters and Proprietor of ye country, with all incident Courts and offices thereunto belonging, be in ye amplest manner Reserved and confirm'd and yt all such further priviledges, franchises and libertys as upon consideration shall be found necessary to ye good and prosperity of the said Provinces, etc., in augmenting ye trade and further peopling thereof may be granted and confirmed to me and my posterity, wch. is submitted. Signed, Wm. Penn. Endorsed, Recd. 18th, Read June 22nd, 1703. Holograph. 2¼ pp. [C.O. 5, 1262. No. 33; and 5, 1290. pp. 339–343.]
June 18.
838. Council of Trade and Plantations to Governor Codrington. We have not received any letter from you since ours of May 27 (whereof you have here inclosed a duplicate). You will also herewith receive the copies of the Orders of Council therein mentioned, confirming the Acts of Antegoa, four Acts of Mountserrat and four of the General Assembly held at Nevis, which Orders were not then come to our hands. Mr. Cary has informed us of the happy begininng of your expedition against Guardaloupe. We wish you a continuation of success in the performance of so eminent a service, and will not doubt thereof from your vigilance and conduct. Signed, Dartmouth, Rob. Cecill, Ph. Meadows, John Pollexfen, Mat. Prior. [C.O. 153, 8. pp. 195, 196.]
June 18.
839. Council of Trade and Plantations to Lt. Governor Bennett. We have lately had under consideration the Acts past in the Bermuda Islands, from the beginning of the Government of Mr. Richier, 1690, till those past under your Government, July, 1701, in order to report upon them all to H.M. We think it necessary in the meantime to observe to you one great irregularity in the enacting stile of the said Acts, past by your predecessors and by yourself, vizt., after the introductory preface the said Acts do either begin abruptly with "Be it enacted by the Governour, Council and Assembly etc.," or very frequently, "May it please your Excellency, that it may be enacted, and be it enacted by the Governour, Councill and Assembly, etc.," both which stiles are improper, but especially the latter. Neither yourself nor any of your predecessors have been constituted Governors, but only Lieutenant Governours of those Islands; and none of them ought therefore to have past Acts in a stile not agreable to their Commission, much less to have permitted the Assembly to address to them by way of Supplication. The usual stile in other Plantations, after the preface is to the following effect, vizt., "We your Majesty's most dutifull and loyal subjects the Assembly of etc. do most humbly beseech your Majesty that it may be enacted and be it enacted by your Majesty's Lieutenant Governour, Councill and Assembly, and it is hereby enacted and ordained by the authority of the same that etc." These words sometimes a little varyed; but never so as to supplicate any other than the Regal Power. The only Act we shall now mention more particularly, is the first of those past by yourself which is for An imposition on liquors and sugars imported and landed in those Islands. This we have read together with your letter of April 28, 1702. In that letter you say it is generally affirmed that the former Liquor Tax was limited for two years, and that it was a mis-entry of the Clark's which made it indefinite. This point ought to be fully cleared, and not taken upon common speech. If any Clark have been guilty of that fault, he ought to be punished for it by the loss of his place at least, and other as fitt; but so many doubts arise upon what Mr. Day and you have writ on that subject, and from the very preamble of this last Act, that we think it proper to take notice of some of them. The first Act Transmitted by Mr. Day is not under the Seale of the Islands, but only a copy certifyed by Charles Minors, Deputy Secretary, expressing it to be "A true copy from the original Record," the word "original" is struck out, and the word "Record" interlined. In the Address of the Assembly convened Oct. 22, 1700, annexed to that copy, the Assembly says that Act would not expire till November 11 next ensuing; but in the Minutes of Councill of December 30, 1700, the Council declares it as their opinion that the said Act was then in full force. In the preamble of the last Act it is said, that the former was "to continue for two years from the publication of the said Act and then to expire, as may appear by the original of the said Act, and the records of the votes of Assembly precedent thereto." And in the same preamble it is said that the Clerk by a great oversight left out a whole paragraph in entring the said "Act in the Booke of Records." Upon our comparing these two expressions, it appears that the "original" of the said Act and the "Book of Records," in which the same is or ought to be entred, are two different things. And the blotting out the word "original" and inserting the word "record" in Mr. Minors' certificate, do further confirm that observation. Whereas also in the foresaid preamble, the records of the votes of Assembly, precedent to the passing of that Act, are referred to for clearing the matter of fact; you do not say that you have inspected them; nor have you transmitted to us the copies of the Journals of that or the following Assemblies, as you are required by your Instructions. This omission of transmitting the Journalls of the Assembly, has been a fault of former Governours, and by this instance you may see of what ill consequence it is; we admonish you therefore to be very carefull in transmitting authentick copies of all publick proceedings whatsoever. Particularly we expect you should send us an authentick copy of that Act under the Seale of the Islands as it stands upon the "Record," and also an authentick copy of what is called the originall Act, this likewise under the Seal of the Islands; to the end that upon comparing these two together we may observe what difference there is between them. We further expect authentick copies of the Journalls of the Assembly wherein this Act was past; by all which we may be better enabled to judge whence this difference arose. In the meantime we recommend to you as your duty, that you endeavour to dispose the Assembly to pass a new Revenue Act without limitation of time, as may best contribute to H.M. service, and to the safety and defence of those Islands. Signed, Dartmouth, Robt. Cecill, Ph. Meadows, Jno. Pollexfen, Mat. Prior. [C.O. 38, 5. pp. 393–397.]
June 18.
840. Council of Trade and Plantations to Lt. Gov. Handasyd. We have not received any letter from you since ours of May 27th. We have little to add, more than to continue our advice to you that you be very circumspect in the administration of the Government of Jamaica, and transmitting authentick copies of all Proceedings therein, according to your Instructions and the directions which we have several times repeated to you upon that subject. We send you likewise here inclosed a copy of H.M. Order in Councill of May 17th, confirming some Acts of the Assembly of that Island which we had laid before H.M. with our humble opinion for that purpose. Signed, Dartmouth, Robt. Cecil, Ph. Meadows, John Pollexfen, Mat. Prior. [C.O. 138, 10. p. 477.]
June 18.
841. Journal of Council of Trade and Plantations. Mr. Moore, brother to John Moore of Pennsylvania, presented to the Board a letter from his said brother, desiring some consideration may be had of his 5 years' service as Queen's Advocate in those parts. Their Lordships looking back upon what has been formerly moved hereupon, the Minutes of Feb. 15 were communicated to him, as all that can be answered upon that subject.
Letters to Capt. Bennet, Col. Handasyd and Col. Codrington signed. [C.O. 391, 16. pp. 161, 162; and 391, 97. p. 457.]