America and West Indies: July 1703, 11-20

Pages 546-561

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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July 1703, 11-20

July 11.
904. Order of Queen in Council. Approving of Representation of July 9, and declaring H.M. approbation of John Evans to be Deputy Governor of Pennsylvania and the annexed Territorys, as soon as security shall be given for his observing the Acts of Trade etc., and that Mr. Penn do renew the Declaration made by him relating to H.M. right to the Three Lower Counties. The Lords Commissioners of Trade and Plantations are to take care that the said security be forthwith given and declaration made. Signed, John Povey. Endorsed, Recd. Read July 14, 1703. 1 p. [C.O. 5, 1262. Nos. 38, 39; and 5, 1290. pp. 351, 352.]
July 12.
New Yorke.
905. Governor Lord Cornbury to the Council of Trade and Plantations. I herewith send your Lordships the Acts of the General Assembly of this Province past last spring; they are in number twelve; the first is an Act for raising 1,500l. towards erecting two batterys at the Narrows, this Act I hope will not meet with any difficulty before your Lordshipps; these batterys being the only method that can be found to secure the entrance to this Port; the second is an Act to oblige persons to pay their arrears of the 1,000l. tax formerly granted for erecting a fort at Onnondago, and for aplying that money towards the carrying on the Fort at Albany. I hope this Bill will recommend itself sufficiently enough to obtain your recommendation to H.M.; the third is an Act to reverse the judgments against Bayard and Hutchins, the only reason I can offer for this Act is, that having received H.M. commands to direct the Attorney Generall here to consent to the reversing the judgments against those two men, and all such other things as might best conduce to the restoring the said Bayard and Hutchins to their estates etc., I sent for Bayard and told him of it, he said he would advise with Councill which would be the proprest way to doe it, and two days after he came to me with his Councill and told me that an Act of Assembly would be the properest way. I told them I thought a writ of Error in the Supream Court would be best for the partys concerned, the Councell agreed with me, but then he urged that the Supreame Court would not sit till October, that Collonel Bayard was old, and that if he should dye the sentence unreversed, it might create a great deale of trouble to his family, and farther said that if they did obtain an Act, yet they would bring their Writ of Error in the Supreame Court, if Bayard lived soe long; upon these considerations, and seeing the draft of an Act, which his Councill had prepared against the sitting of the Assembly, which contained nothing in it farther then what I thought was intended in the Queen's commands, I assented to that Act, and I hope your Lordshipps will approve of it; the fourth is an Act to enable the Justices of the City of Albany to build a goale etc.; this Act I hope you approve, for it is a very necessary Act for that place, and the charge is to lye upon themselves only; the fifth is an Act to rectify a mistake in a former Act for defraying the publick charge of this Province, whether your Lordshipps will please to approve of this Act now, or whether you will please to let it lye a little while, I shall submit to you, the reason why I offer this is because just now there is a Gentleman come from the country who says he fears severall inconveniencys will arise from this Act, which were not foreseen at the passing of it, and I suppose in a short time I shall be able to give you a better account of it; the sixth is an Act to prevent the distilling of Rum and the burning of Oyster shells into lime within the City of New York, this Bill was occasioned by the noisomeness of those two things, which everybody thinks contributed very much to the continuance of last summer's sicknesse. Therefore I hope your Lordshipps will please to recommend it to the Queen for her approbation; the seventh is an Act for the better maintenance of the Minister of New York. I humbly intreat this Act may be confirmed, it is to add 60l. a year to 100l. a year setled upon him by a former Act, the Gentleman deserves extreamly well; the eighth is an Act to bring the weights and measures of this place, which hitherto have been according to the standard of Holland, to that of England, which I hope will be a sufficient reason for the confirming of it; the ninth is an Act to enable the Minister and Elders of the French Church to build a larger Church, their Congregation is much inlarged, and they have behaved themselves always well towards the Government, therefore I hope you will approve of it; the tenth is an Act to supply the defects of an Act passed last year for apointing Commissioners to state the publick accounts, without this Act those Commissioners will not be able to perform what is required of them, for want of sufficient power which this Act gives them, and therefore I hope will passe; the eleaventh is an Act for laying out high ways throughout this Province, this I suppose will appear soe reasonable and necessary a thing, that it will want no farther recommendation from me; the twelfth is an Act for the more speedy recovery of the forfeiture of 6l. inflicted by a former Act for regulating and setling the Militia of this Province, the method of levying that penalty by the former Act was soe dillatory that it rendred the thing its self ineffectuall, this Act remedys that evill, which will make our detachments upon all occasions much more easy, therefore I hope your Lordshipps will approve of it. Signed, Cornbury. Endorsed, Recd. Dec. 9, 1703. Read Feb. 22, 170¾. 3 pp. [C.O. 5, 1048. No. 61; and 5, 1120. pp. 65–69.]
[? July 12.]
written June 22.
906. Minutes of Council of Barbados. Bill for the encouragement of white servants, and to ascertain their allowance of provision and clothes; and supplemental Act to the Act concerning the General Sessions, passed with amendments, were sent down.
Petition of several Masters of ships bound for Europe, praying leave to sail without waiting for convoy, rejected, since H.M. has appointed a convoy to sail for July 20.
H.E. acquainted the Board that some doubts and difficulties had arisen in the explanation of the Law concerning Lawyers taking an oath therein appointed, and that several ill-disposed persons had taken advantage thereby to delay proceedings in the Courts of Law, and recommend them to bring in a Bill for excusing them from the said oath for some short time, till an Act to explain and ascertain the same could be passed, which he had already recommended to the Assembly. Bill brought in accordingly and read twice. [C.O. 31, 8. pp. 55, 56.]
July 12. 907. Journal of Assembly of Jamaica. The House met and adjourned.
July 13. See Minutes of Council in Assembly, July 14.
July 14. See Minutes of Council in Assembly.
Several Members having had leave to go off the Island, and others sick, resolved that 17 be a quorum to call and adjourn the House and send for and punish absent members, but not to proceed to other business. [C.O. 140, 7. pp. 64–66.]
July 12. 908. Minutes of Council in Assembly of the Massachusetts Bay. Message sent down to remind the Representatives that the Order for continuing the impost and excise will expire tomorrow, and to move them to bring forward a Bill.
Petition of the inhabitants on the East side of the Town of Springfield relating to the Ministry lands in the said town, sent up with a vote of the Representatives thereon, read, as also a petition of the other part of the Town.
Committee appointed to state the prizes [sic] of goods to be sold to the Indians, and the rates to be allowed for peltry, and to report the same.
July 13. H.E., attended with a Committee of the Court, went to view the works of the fortifications makeing at the Castle.
July 14. The Committee appointed July 12 reported the prices of the several species of goods, which was approved and ordered to be imprinted.
Bill for further continuing of several Acts was returned from the House of Representatives with an additional clause tackt thereto of repeal of the Act in addition to the Act for levying souldiers, which was read and not agreed to. The Bill was sent down again.
Order of July 8 continuing the Committee for Quaboag was returned, with the concurrence of the Representatives. [C.O. 5, 789. pp. 839–841.]
July 13.
909. Governor Sir Nathaniel Johnson to the Council of Trade and Plantations. I presume to give your Lordships this account, and pray your directions for the future, having in this case done [all that ?] I was advised I could doe by Law excepting I had had powers and Instructions in itt. One Daniel Johnson, jr., was by the Royal African Company appointed Commander of the Christopher, and was ordered by the Company's Agent from Gambia to Bermuda with negros, but she being unable to proceed her voyage, he made for Turks Islands, a place uninhabited, and there meeting with a Bermuda vessel, he put part of his negroes on board her, and consigned them to his father and Captain Tucker in Bermuda, and the other part he put on board of a Carolina vessel then with him att Turks Islands, and came with them hither, and immediately sold them. The Christopher he left with two or three hands at Turks Island, and ordered them to look after her till such time as they should have orders from his Father and Capt. Tucker what to do, he being oblidged by the Companies Agent to follow the directions of his Father and Capt. Tucker. If he had done any fraud or injury to the African Company, I was not able to prove itt. Neither had I or any person here any power from the African Company to call him or any other person to an acct. So that all I was advised I could do was to oblidge him to give me an accompt of his ladeing, and I took the affidavits of himselfe and his men relateing to his voyage, the copies of which I enclose. Of this matter I thought myselfe oblidged to give your Lordships [account] and to pray your directions therein, for though in this particular cannot see any designe there could be of defrauding H.M., the negroes paying no custom, yet the maner of it, if it be suffered to be put in practice may be of dangerous consequence, for by yt. means persons may goe to such a maroone place as Turks Islands, and put their goods and merchandizes (which it may be are brought thither in an unqualified vessell) on board of a qualified vessell, and so import them into the Plantations, by which they may in many things utterly defeat the intent of several of the Acts of Trade. But I having no man-of-war here to send down to Turks Islands, and to bringe up the said vessel, all that I could doe was to take the best acct. I could get of the affaire and transmitt it to your Lordships, that if your Lordships thinke fitting you may give your orders relating to Johnson, who is gone from hence to Bermuda. Signed, N. Johnson. P.S.—Copy of a letter and information, wch. I sent your Lordships by the briganteen Joseph, wch. I am informed is lost. Endorsed, Recd. Sept. 13, Read Oct. 19, 1704. [C.O. 5, 1262. No. 41.]
July 13. 910. William Penn's Declaration relating to his title of the Three Lower Counties. I underwritten do by these presents declare and promise that the Queen's Royal approbation and allowance of John Evans, Gentn., to be Deputy Governor of Pennsylvania and the Three Lower Counties upon Delaware River, shal not be construed in any manner to diminish or set aside H.M. Claim of right to the said Three Lower Counties. Signed, Wm. Penn. Sealed. Endorsed, Recd. Read July 14, 1703. ¾ p. [C.O. 5, 1262. No. 40; and 5, 1290. pp. 352, 353.]
July 13.
911. Journal of Council of Trade and Plantations. Three letters from Col. Dudley, April 4 and May 10 and 16, read, and directions given for preparing a Representation upon them.
Sir Henry Ashurst being sent for, and their Lordships enquiring of him concerning the Indian boy mentioned in the above lettter of May 10, he said that the boy has been this 14 years in his service, and that Lord Nottingham had sent to speak with him upon the same subject. He was desired to acquaint this Board with what settlement shal be made between the Earl of Nottingham and him upon that matter, wch. he promised to do.
July 14. Order of Council, July 11, with Mr. Penn's Declaration, read. A letter was thereupon writ by the Secretary to Mr. Lowndes.
July 15. Their Lordships made a further progress in considering a Collection of the Laws of New Hampshire.
July 16. A Representation upon the state of the Massachusets Bay and New Hampshire, pursuant to Col. Dudley's late letters, was signed. [C.O. 391, 16. pp. 178–181; and 391, 97. pp. 501–513.]
July 13. 912. Journal of Assembly of Barbados. Adjourned from the house of the Lord Grey to the house of Edward Arnell, Vintner, in St. Michael's town; and then adjourned for lack of a quorum. [C.O. 31, 7. p. 82.]
July 13. 913. Minutes of Council of Bermuda. H.M. Commission to the Governor read. He and the members of Council present took the oaths appointed.
H.M. Order about Col. Day's fine of 50l. being remitted was read and ordered to be recorded and satisfaction entered to the judgment.
H.M. disallowance of the Act to prevent the oppression and extortion of officers read and ordered to be recorded.
The four Members of Council, who had entered themselves securities for Charles Minors the Secretary according to the said Act of Assembly, desired that their bonds might be cancelled, which was done.
Charles Minors took the oaths as Clerk of the Council and Secretary. [C.O. 40, 2. p. 55.]
July 13. 914. Minutes of Council of Virginia. H.E. laid before the Council a letter from the Council of Trade, April 20, relating to the administration of Justice. Proclamation ordered accordingly, requiring all concerned in the administration of Justice diligently to perform their respective duties without any delay or partiality. Ordered that the Secretary prepare such an abstract of the proceedings in the several Courts as by the said letter is required. Upon that part of the letter which relates to the passing a law for a Court for determining small causes, it is the opinion of the Council that the Laws now in force do sufficiently provide for the determination of all causes whatsoever. H.E. laid before the Council H.M. letter of April 20 prohibiting gifts to be made to Governors, which was ordered to be entered in the Council books and communicated to the Assembly at their first sitting.
Upon reading the orders from H.R.H. to Capt. Christopher Hogg, whereby he is directed to sail from hence with such ships as shall be ready to sail with him in 15 days, H.E. and the Council, taking into consideration that the ships in this country and Maryland ly so dispersed that it is not possible to give them such speedy notice as that they can be prepared to sail in that time, and that if the time for their sailing be further prolonged most of them will be ready to put themselves under Capt. Foggs' convoy, whereby a considerable advantage will accrue to H.M. Revenue as well as to H.M. subjects concerned in the said ships, are therefore of opinion that it is for H.M. service that Capt. Fogg stay till July 31 (being the time Capt. Dove sailed last year), and desire Capt. Fogg to signify his resolutions hereupon, that the Board may proceed to give directions accordingly. Capt. Fogg signified his willingness to stay four or five days longer than the time limited by his orders.
Ordered that Collectors and Naval Officers clear ships up to and not after July 24, and that no ship for the Plantations sail till the departure of the convoy.
Upon reading the Orders of H.R.H. to Capt. John Symonds, H.M.S. Guernsey, Commodore of the Fleet now arrived in Virginia and Maryland, whereby he is directed to stay in this Colony for two months, and ten days longer, if he shall see necessity for it, Ordered that the Fleet do sail at the time appointed, Sept. 16, and that after the departure of Capt. Fogg's convoy no ship sail home till then, and that no ships sail for the Plantations after Aug. 27 till the departure of the said convoy, that so all means of intelligence may be cut off from our enemys touching the said fleet.
Capt. Nathaniel Bostock, H.M. Advice-boat Eagle, having signified to H.E. that he hath received orders from H.R.H. to return into England, and Capt. Fogg declaring his opinion that the Eagle may be of service to him on his voyage, H.E. and Council approve of Capt. Bostock's going with the Falmouth and York, as he desired.
Whereas the Commissioners of Customs, March 17, have signified that notwithstanding the Act which prohibits the importation of tobacco in bulk from the Plantations, several frauds have been lately committed by Masters of Ships and others endeavouring to evade the intention of the said Act, and desiring H.E. to repeat his directions to the respective officers within this Colony in relation thereunto, Ordered that a copy of the above letter be sent to every district, and the Collectors and Naval Officers are hereby strictly required to observe the directions therein set down.
The new Commission to H.E. was read. He and the Council took the oaths etc. appointed. Ordered that the Oaths of Judges be taken by H.E. and Council in the General Court.
Edmund Jenings producing his Commission for the post of Secretary, the same was read, and he took the oath appointed.
William Robertson, Clerk of the Council, took the oath appointed.
Ordered that all officers, civil and military, take the oath mentioned in the Act of Parliament I Anne, and that a copy of the said oath be sent to each county when the Dedimus for swearing the said officers are sent.
Ordered that the Secretary prepare new Commissions in H.M. name to all officers, civil and military, within this Government.
Whereas several Admiralty passes were sent into this Colony per merchant ships trading here, pursuant to the agreement made with the Algerines, ordered that the Collectors and Naval Officers transmit an account to H.E. how the said passes have been disposed of by them, and how many remain yet in their hands.
Ordered that the Naval Officers remit Bills of Exchequer to Mr. Auditor for what is due from them.
July 14. H.E. communicated to the Council H.M. Instruction relating to the encouraging the inhabitants to build towns, and particularly for the rebuilding and settling of James Town, and thereupon H.E. asked the advice of the Council what was proper to be done in relation to James Town. The Council are of opinion that Williamsburgh being by Act of Assembly appointed the seat of Government and the Capitol built therein at a very great charge to the country, it is necessary to represent the same to H.M.
Whereas H.M. hath been graciously pleased to order several arms and stores of war to be sent into this her Colony and Dominion, which are to be delivered in James River, the Council advise H.E. to issue his warrant to the Commodore of the ship, when he arrives, to deliver them to Edward Ross, gunner at James City, to be by him secured in the magazine there.
Robert Beverley, Clerk of the House of Burgesses, having occasion to go to England, was discharged of his office.
Whereas complaint is made to this Board that Jno. Woodson of Henrico County, by connivance with Richard Ligon, Surveyor of the said County, hath clandestinely caused to be surveyed a certain tract of land, although he knew it was appropriated pursuant to the Act of Assembly for Cohabitations, for which by inadvertency a patent was signed last General Court, ordered that he appear before H.E. and Council next General Court.
Whereas H.E. hath received information that diverse persons have seated land on the south side the Blackwater Swamp on colour of surveys lately made, although the said surveys have been complained of and contraverted as irregular, H.E. in Council is pleased to order that the Sheriffs of the Counties of Surry and Isle of Wight do forthwith make enquiry what lands are seated on the south side of Blackwater Swamp within the precincts of their respective counties, by colour of surveys made since the said land was laid open by order of Council, and what houses are built thereon and by whom, and that they return an account thereof to H.E. with all speed.
Whereas H.E. and Council are informed by a letter from Col. Benjamin Harrison, July 11th, that 20 strange Indians had set upon nine Nattoways, and killed five of them, the King being one, and this Board having also received advice that several parties of strange Indians have been seen about the frontiers, and that some of them have given out that they are only in search of the Toscuroro Indians without any design to disturb the inhabitants of this country, Ordered that the Interpreter to the Nattoway, Maherine and Nansemond Indians require them to take good heed to themselves, and that they do not ramble further from their respective towns than is absolutely necessary, but if they apprehend themselves in danger at their towns, that then they come in amongst the Inhabitants till the danger ceases.
Petition of Sarah Williams, widow, committed to the prison of James City County for suspicion of murder of her bastard child, praying to be let out on bail, referred to the Court of the said County.
H.E. laid before the Council a letter from the Earl of Nottingham (see 487.i., ii.). Proclamation accordingly ordered, forbidding correspondence with the French and Spaniards.
Upon Capt. Bostock's report of H.M. sloop Elizabeth, ordered that Capt. Symonds, H.M.S. Guernsey, take care of the refitting her.
Writ ordered to issue for the election of two Burgesses for Prince George's County, and one for King and Queen County, in the room of Col. Wm. Lough, decd.
Ordered that a Copy of the Order in Council, Nov. 23, 1699 (q.v.), be sent to the Captains of H.M. ships of war now in this Colony desiring them to take notice that the Laws of this country prohibit the carrying off any person without a pass from the Secretary. [C.O. 5, 1412. pp. 79–88.]
July 14.
915. William Popple to Mr. Lownds. Enclosing draft of bond for 2,000l. [see July 21], approved of by Mr. Attorney General as security for John Evans, Deputy Governor of Pennsylvania, for the Lord High Treasurer's directions, that the security be taken at the Exchequer or elsewhere. [C.O. 5, 1290. pp. 353, 354].
July 14.
St. Jago de la Vega.
916. Minutes of Council of Jamaica. Ordered that 30 barrels of powder be sent for up to this town.
The Governor communicated to the Board a letter from Comadore Andrew Douglas, whereby for the supply of H.M.S. Colchester and Sunderland he requires 120 men, for the obtaining whereof he desires the Governor's assistance. The Council advised him to write to the Comadore how Admiral Graydon had imprest soe many people, and frightened away soe many more that it was impossible to supply him at this juncture without indangering a total desertion of our seafareing people and so exposeing the Island to ruin.
The Governor acquainted the Board that he heard Capt. Forrester (see July 8) was gone off and has left his vessell nail'd up in the harbour of Kingston. The Council advised that, since the Capt. had deserted, the Governor shall issue out his warrant to the Naval Officer to take her into his custody and to take on shoar all her guns, rigging etc., and having caused the same to be duly inventoried and appraised, to keep them safe in his custody for the benefit of the owners, till they shall come or send to claim the same, for which he is to be allowed thereout his reasonable charges. [C.O. 140, 6. pp. 152, 153.]
July 14. 917. Minutes of Council in Assembly of Jamaica. Col. Beckford reported from the Conference (July 10) that the Committee came to the conclusion to run through the whole body of Laws and then to have all the necessary amendments laid before a Joint Committee of the two Houses at another free Conference, whereupon they might conclude and resolve which was the best way for revising the Laws.
Message sent up from the House that they disagreed with the opinion of the Board (July 10), and resolved to proceed to the making a new body of Laws, "and that your Honours of the Council be desired to take what part you please in order to expedite the same."
The Board sent a message in reply, that they are of opinion that there hath been some mistake in reporting what past at the Conference yesterday quoted above. The Assembly replied that they were satisfied there was noe mistake, but not being bound up by what was transacted att the Conference did not concur to the same, believing it to be the best and shortest way to make a new body of Lawes. [C.O. 140, 6. pp. 505, 506.]
July 15. 918. Journal of Assembly of Barbados. Message sent down that H.E. was sick and desired the House to make a short adjournment.
Resolved that Addresses be prepared for the payment of the Agents' salaries in arrear, and of the arms and stores imported for the publick use. [C.O. 31, 7. p. 83.]
July 15. 919. Journal of Assembly of Jamaica. Capt. Freeman having satisfied his fees was discharged from custody and allowed to take his seat in the House.
Committee appointed to bring in a Bill for supplying some defects in the Act for raising money as an addition to the subsistence of H.M. officers and soldiers.
July 16. Petition of Joseph Quelch read, wherein he acknowledged his crimes and begged the pardon of the House, alledging his great poverty by his great losses by the great fire. Resolved that he be sent for and reprimanded by the Speaker, and begging pardon of the House on his knees, be discharged paying 5l. to the Messenger and 20l. to the Clerk, which he did accordingly.
Amended Bill for the more speedy and better collecting H.M. quit-rents, read and recommitted.
And see Minutes of Council in Assembly.
July 17. Col. Thomas Sutton had leave to waive his priviledge and admitt himselfe to be sued in the Court of Admiralty.
Col. Matthews Crew and Capt. Thos. Fox and Capt. Charles Long were granted leave of absence.
Act for encouraging the importation of white servants read and recommitted.
Amendments to the Act for preventing the incursions of the enemy on the sea-coasts, read the first and second times. And see Minutes of Council in Assembly. [C.O. 140, 7. pp. 67–69.]
July 15.
920. Minutes of Council of the Massachusetts Bay. Petition of Joseph and Nathaniel Browne of Rehoboth, referring to certain lands withheld from them by their brother, Capt. John Browne of Swansey, for which they have lately commenced suit and are bar'd by an Act of Limitation of the Colony of New Plymouth, and praying relief, read.
Ordered that Capt. Browne be notified to attend on July 22.
8l. 0s. 2d. paid to Col. Daniel Peirce for expenses in enlisting 50 soldiers in June to be in readiness to march into the woods in case the Indians should make any breach etc.
8l. paid to Samuel Moody, Chaplain to H.M. garrison at Fort Mary in Saco to compleat his half year's salary.
Isaac Addington applied to be dismissed from the place of Chief Justice of the Superior Court.
H.E. appointed a General Council upon July 22 for the nomination of Civil Officers.
Several queries, presented by Jahleel Brenton, Collector of H.M. Customs upon the Act to prevent the exportation of wool, 11 and 12 William III, praying the opinion of the Board therein, were read.
July 16. Licence granted to Mary Monck, widow, to erect a building of timber, with a flat roof on her land, situate at the N. end of the Town, between the House of John Wakefield, jr., and the house and land of Capt. Samuel Turel, abutting on the street leading from the Mill-bridge to Capt. Winthrop's House, provided that part which will stand next to the street be rough cast, as suggested by the Justices and Selectmen of Boston.
Licence granted to Ezekiel Cleesbe to remove a shed from the upper part of his wharfe near the highway, and to erect and finish the same to stand on the south side of the lower end of his wharf, att the northerly end of the Town of Boston, next adjoining to the wharfe of Joseph Grant, the north-west or upper end of the said building to stand 50ft. distant from and below the highway, and to be improved for a warehouse or salt house. [C.O. 5, 789. pp. 517–519.]
July 15. 921. Minutes of Council in Assembly of the Massachusetts Bay. The resolve of the Representatives as to the rate of apportioning the tax (July 10), sent up with an alteration in the Article excepted to by the Council, read and concurred with. Petition of several freeholders and inhabitants of the North part of the County of Essex, praying that the said County, being of a large extent, may be divided into two, was read and sent down to the Representatives.
July 16. Petition of Benaiah Titcomb of Newbury, setting forth the caption of his vessel by a French ship of war in her late voyage from Antegua to Newbury and the great loss he sustained by her being plundered, etc., and praying the abatement of the small quantity of goods brought home in her, granted. The Representatives agreed.
Order for reforming of the high Rhode from Newbury to Salem, and for appointing a Committee to make enquiry thereinto, sent down for concurrence.
Bill for continuing several Acts near expiring was sent up agreed to, with the added clause withdrawn.
Resolved that a Bill be drawn to continue the Excise Act of last year until June 29.
July 17. Order for reforming the high Rhode (July 16) agreed to by the Representatives.
James Taylor, anew elected Treasurer, took the oaths appointed.
Bill for granting unto H.M. a tax upon polls and estates, sent up, was read. Message sent down to represent the great inconveniency of the clause restricting draughts to be made upon the Treasury for incidental charges to 30l.
Resolve sent up that the sum of 5,000l. of Bills of Credit on this Province be further imprinted and delivered to the Treasurer to pass out of and be received into the Treasury as the Bills of Credit last emitted, which was concurred with.
Resolve sent up, that the Treasurer emit 5,000l. in the Bills of Credit on this Province last made, which are to pass out of and be received into the Treasury as the last 10,000l. of the said Bills that were emitted, the Province accompt to be debited for the said principal of 5,000l., with the advance of 250l., whereat they were received into the Treasury.
Petition of the Town of Suffield, praying that the Farme, which the General Court reserved within the bounds of the said town, may be granted to the Town and sequestred to the Ministry in said Town, and to be for that use for ever, sent up from the Representatives with their assent, was granted.
Bill for further continuing of several Acts passed, and signed by H.E. [C.O. 5, 789. pp. 841–844.]
July 16.
922. Council of Trade and Plantations to the Queen. We humbly beg leave to lay before your Majesty the following accounts lately received from Col. Dudley relating to the state of the Massachusets Bay and New Hampshire. Quoted. Your Majesty having been pleased (May 18) to give them hopes that when their fortifications should be built, your Majesty would send thither some great guns and stores thereunto appertaining, the same is most humbly submitted to your Majesties consideration. Signed, Rob. Cecill, Ph. Meadows, Wm. Blathwayt, Mat. Prior. [C.O. 5, 911. pp. 92–95.]
July 16/27.
Fort Kijkoveral, Rio Essequebo.
923. Commandant Samuel Beeckman to the [Directors of the Dutch West India Company]. Dutch. 4 pp. Enclosed,
923. i. List of Enclosures.
923. ii. Inventories of the property of the Dutch West India Company in their Colony of Essequebo. July 13, (N.S.) 1703. Signed, Samuel Beeckman. Dutch. 33½ pp.
923. iii. Muster-roll of the Company's Servants in the Colony of Essequebo. 4 pp.
923. iv. List of slaves etc. sold. Dutch. 1 p.
923. v. Bill of lading of the Abrahams Osterhande. Dutch. 1 p.
923. vi. Copy of Orders of Council, Rio Essequebo, 1698, 1702. Dutch. 1½ pp.
923. vii. List of supercargoes on board the Jonge Jan. Dutch. 1 p.
923. viii.–xi. Copies of proceedings and sentence against Coenradt Carsten, etc. July 12, (N.S.) 1703. Dutch. 8 pp.
923. xii.–xv. Bill of lading, list of supercargoes etc. of the Pinnenburg. Dutch. 5 pp. [C.O. 116, 19. Nos. 18, 18.i.–xv.]
July 16. 924. Minutes of Council in Assembly of Jamaica. JointCommittee appointed to confer upon the Bill for preventing incursions by the enemy. [C.O. 140, 6. pp. 506, 507.]
July 17.
Bedford Walk.
925. Mr. Phipps to William Popple. Nathaniel Byfield is Judge of the Admiralty and Paul Dudley Attorney General of the Massachusetts Bay. Signed, Con. Phipps. Endorsed, Recd. Read July 21, 1703. ¾ p. [C.O. 5, 863. No. 43; and 5, 911. p. 95.]
July 19. 926. Minutes of Council of Barbados. H.E. acquainted the Board that he had received a letter by M. Corpang in a flagg of truce, in answer to one he sent to the Governor of Martineco about the exchange of prisoners, which he laid before them. He believed it would be more for H.M. service and the advantage of this Island to have no exchange of prisoners. The Board agreed, and recommended that what prisoners be taken should be sent to Europe, as it appeareth on oath they had done by the English prisoners.
Edward Chilton was sworn Attorney General.
William Rawlin was sworn Sollicitor General.
Bill to exempt Lawyers from the oath (July 12) read a third time, passed and sent down.
Petition of Masters of ships, desiring they may sail without convoy, read, and the Masters heard. They represented that the convoy was to touch at the Leeward Islands, which was a risk they would not take, and that further delay involved danger of hurricanes and loss of men through sickness. Ordered that they have leave to saile on Fryday next (July 22) for England, provided they make 10 sail at least of good ships, and that they shall have convoy to the latitude of 20. [C.O. 31, 8. pp. 56–59.]
July 19. 927. Journal of Assembly of Barbados. Bill sent down, for exempting the lawyers from takeing the oath mentioned in the Act to prevent abuse of Lawyers and multiplicity of Lawsuits, was read the first and second times.
Address to H.M. sent down from the Council and recommended to the consideration of the Assembly.
Resolved, that this House shall address H.M., setting forth the impossibility for the Governor to support the dignity of his Government under the salary appointed, and that this Island may be permitted to add a further reasonable supply for his better support thereof.
Six weeks pay ordered for the men already in pay in the brigantine Larke, and that for the future her constant complement be 60. [C.O. 31, 7. pp. 84, 85.]
July 19. 928. Journal of Assembly of Jamaica. The House met and adjourned.
July 20. Bill for regulating Elections read the third time.
Bill for preventing incursions of the enemy read the third time.
Bill to empower the Justices of St. George's read the third time.
In reply to a message to the Governor to enquire when the Council would sit, for that the House had business, he was pleased to say that he wondered the House should send up so often to know when there would be a Council, for that he thought the House had no business by so often sending, for that they were ready all day, but there would be a Council by and by.
The above Bills were sent up, with a reminder to the Council of the Port Royal Act and other bills that lie before the Board.
The Committee appointed to bring in a bill for the punishing of pirates, reported that the Act of 11 and 12 William III rendered it unnecessary.
Act for regulating servants read and recommitted.
July 21. Bill for the better recovery of the money raised as an addition to the subsistance of H.M. officers and soldiers read the first and second time.
And see Minutes of Council in Assembly under date.
Petition of Edward Betterton read and ordered to ly upon the table.
Bill for the better and more speedy collecting H.M. quitrents read the first time. [C.O. 140, 7. pp. 69–72.]
July 19. 929. Minutes of Council in Assembly of the Massachusetts Bay. Proposal of the Representatives, for the appointment of a Committee to join with a Committee of the Colony of Connecticott to perambulate the line betwixt this Province and that Colony, etc. (see July 20), was debated and referred to further consideration until to-morrow.
July 20. The above proposal of the Representatives was agreed to. It was in the following terms: "Whereas there is information that by reason of Mr. Taylor's trying the line betwixt this Province and Connecticott Colony, several in that Colony encourage themselves to make further inroads upon the towns belonging to the Massachusetts Province, tho' it is very obvious that Mr. Taylor was not rightly informed, but did begin to take his observation distant from the place he ought to have begun at according to the line granted in our Charter and the line that Connecticott Colony was settled by upon us, Ordered that there be four suitable persons appointed and impowered by this Court to joine with a Committee appointed and impowered by Connecticott Colony to perambulate the line between us and them, against the several towns next adjacent to the said line, according to the line formerly run by Woodard and Saffery, that so the said Towns, in either Government as granted them, may be accordingly accommodated, and neither be prejudiced whethersoever Government they do belong unto. And that Enfield be allowed 7l. 14s. towards their charge that they have been put to in defence of their titles and securing their interests out of the publick Treasury. Further ordered that the inhabitants of Suffield and Enfield respectively assert the bounds and rights of their towns as they were granted by the General Court of the late Colony of the Massachusetts Bay. And the Justices of Peace within the County of Hampshire are hereby directed upon complaint to them made of any molestation or disturbance given to any of the Inhabitants of either of the said towns, in the improvement of their lands or priviledges by the people of Windsor, to assist them from time to time by making out warrants or orders for the keeping of the peace, suppressing of any force, and the arresting and imprisoning of such as shall unlawfully molest or interrupt them in their possession."
Order passed and sent down for the concurrence of the Representatives, to prohibit the cutting or boaring of pine trees within the respective towns of Enfield and Suffield for the drawing of Turpentine, until the General Assembly direct to a proper method for doing of the same.
A Bill in addition to the Act for the settlement of the bounds and defreying of the publick and necessary charges arising with each respective county, sent up, was read a first time.
July 21. Order of Council (July 20) returned with the consent of the Representatives.
Upon complaint made of very great havock and waste of the timber within the towns of Enfield and Suffield by the improper methods taken for the drawing of turpentine, whereby the trees are killed and all the timber, which otherwise might be serviceable to many other uses, likely in a short time to be utterly consumed and destroyed, for prevention thereof ordered as above.
Upon hearing of the pleas of Bristol, formerly called Mount Hope Neck, by their Agents, John Saffin and Nathaniel Blagrove, for their claim of exemption from duties of impost and excise and having perused the clause in the grant of Mounthope Neck, Sept. 14, 1680, from the Government of the late Colony of New Plymouth to John Walley, Nathaniel Oliver, Nathaniel Byfield, and Stephen Burton merchants, the first purchasers, the Council are of opinion that the inhabītants of Bristol are not thereby acquitted from the impost, excises and duties laid or to be laid by the Great and General Court of the Massachusetts Bay, the said town being now united and incorporated into the said Province.
Ordered, that a Bill be brought in to acquit Abigail Falkner of Andover and others petitioners from the sentence passed against them for the felony of witchcraft in 1692. Which Order was agreed to by the Representatives.
40l. granted to Capt. John Harradine, as recommended by the Representatives upon his petition, praying to be considered for his good service done against the French enemy the last year.
Petition of Mrs. Penelope Winslow referred till next Session.
Petition of Samuel Morse, of Sherborne, and Thomas Waban, Indian of Natick, praying liberty to make an exchange of lands, granted.
Bill for granting unto H.M. a tax upon polls and estates was again sent up from the Representatives with the continuation of the clause of restriction for draughts upon the Treasury before objected to by the Board, and a tackage of another clause, declaring the several heads of charges therein enumerated, not to be incident, but stated charges. The Council agreed to the Bill, the said clause of restriction to be expunged and the tackage removed, and sent it down. It was returned by the Representatives with a message that they adhered to their Bill.
Bill relating to Molato and negroe slaves, sent up, was read a first time.
Bill in addition to the Act for regulating of townships, sent up, was read a first time.
Bill for granting unto H.M. an Excise upon strong drinke sold by retaile, sent up, was read first time. [C.O. 5, 789. pp. 844–849.]
July 20.
930. Journal of Council of Trade and Plantations. Letter from Mr. Livingston, July 9, read.
Letter from Governor Lord Cornbury, May 29, read.
Letter from Capt. Nanfan, May 27, read.
Further progress made in considering the Collection of the Acts of New Hampshire.
Letters from Mr. Larkin, March 29, and April 12 and 19, and May 21, with enclosures, read.
July 21. Certificate from the Exchequer as to Deputy Governor Evans' bond, read. Representation ordered.
A paper upon a clause in Col. Seymour's Instructions read. The Secretary was ordered to sign a copy thereof and to deliver the same to Col. Seymour.
Account of the Petty Expenses of the Office, of the Post-Officer and Stationer, laid before the Board and transmitted with a letter from the Board to the Lord Treasurer.
Further progress made in considering the Laws of New Hampshire.
July 22. Letter relating to H.M. approbation of Mr. Evans signed.
Order of Council, July 8, approving Instructions for Col. Dudley and Mr. Usher, read.
Order of Council, July 8, approving Instructions for Col. Handasyd, read.
Letter from Capt. Bennet, April 3, read, and whereas he mentions that several letters from hence were not come to his hands, ordered that the Secretary do send him copies thereof.
The remainder of the New Hampshire Acts were read, and the whole Collection ordered to be sent to Mr. Attorney General for his opinion in point of Law. [C.O. 391, 16. pp. 182–186; and 391, 97. pp. 517–526.]