America and West Indies: December 1702, 21-31

Pages 57-80

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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December 1702, 21-31

Dec. 21.
New York.
74. Governor Lord Cornbury to the Council of Trade and Plantations. Though I dispatcht the Benjamin on the 14th, yet the south-westerly winds have detained her here still, therefore I take this opportunity to inform your Lordships that this afternoon I received information from East Jersey that Col. Andrew Hamilton had very lately held a meeting or Assembly in East Jersey, which he calls the Governor of East and West New Jersey assembled in Council; in this Council so termed he has thought fit to receive several petitions and to make several orders upon them; he has ordered a tract of land be assigned to Lewis Morris, Esq., in consideration of his services when in England. And he has ordered that the Quit-rents due by Morris to the Proprietors for several tracts of land be allowed him. I am told in a day or two I shall have a full account of the whole matter. Signed, Cornbury. Endorsed, Recd. Feb. 5, Read March 8, 1702 (1703). Holograph. 1 p. [C.O. 5, 1048. No. 6; and 5, 1119. pp. 411, 412.]
Dec. 21.
75. Journal of Council of Trade and Plantations. Report to H.R.H. the Lord High Admiral, relating to convoys for Virginia, was now agreed.
Dec. 22. Above report signed and sent to Mr. Burchett.
Two Memorials from Mr. Thurston laid before the Board. Mr. Thurston and Capt. Powel, attending, were called in. Capt. Powel's account was discussed with him by the Board, and observations made upon each article (enumerated).
Dec. 23. Letters from Lord Cornbury, Sept. 29 and Oct. 1, read. Their Lordships resolved to take these and others laid before them, Dec. 3, into consideration on the first opportunity.
Ordered that all Acts of the General Assembly of New York past during the Government of Lord Bellomont and Captain Nanfan, which have not been either confirmed or repealed by the late King or her present Majesty, and upon which the Lord Cornbury has yet made no remark, be referred to his Lordship to be considered by him in Council at New York; and that he be desired accordingly to report his own and the Council's opinion upon them.
Memorial of Richard Wibert and Shadrak Walton, read Ordered that a copy be sent to Col Dudley that he may enquire into the matter etc.
Memorial from Mr. Wharton, in answer to letter of Dec. 17, read. Ordered that a copy of the Maryland Act for the establishment of Religious Worship in that Province, and for the maintenance of Ministers, be sent to Mr. Eccleston and Mr. Wyoth according to their desire. [C.O. 391, 15. pp. 331–336; and 391, 96. Nos. 205–207.]
Dec. 21. 76. Proposal for the Distribution of Prizes and Booty that shall be taken in the West Indies. H.M. to have two-thirds of the whole, except after deducting the tenths for the Lord High Admirall, of all prizes taken at sea. The remaining one-third to be divided into 16 parts, between the Admiral and General at hand equally 3/16th; Vice-Admiral and other General Officers, 1/16; Cols., Lt.-Cols., Majors, Capts. at Sea and Land, Lieutenants at sea and land, and Ensigns, 4/16; the rest of the non-commission officers at sea and land and the seamen and soldiers, 8. Endorsed, Recd. from Mr. Burchett, Dec. 21st, 1702. [C.O. 318, 3. No. 6.]
Dec. 22.
77. William Popple to Josiah Burchett. Enclosing following Report to be laid before H.R.H. Annexed,
77. i. Council of Trade and Plantations to H.R.H. the Lord High Admiral. Having considered the Petitions of the Merchants of London, and of the Western Ports, trading to Virginia and Maryland, and having at several times heard the said Merchants together with some planters and inhabitants of those Colonies, we humbly offer that the trade of those Colonies, as well in relation to H.M. Revenue as to the vent of the manufactures of England and the returns in tobacco, does deserve a most particular regard. And being informed that at least fourscore ships are now lying in the rivers of Virginia and Maryland, and that the like number will be ready to go out from the several ports of this Kingdom in January next, with the manufactures of England, for the present supply of those Colonies, we humbly conceive it highly requisite that a convoy of good strength be appointed to sail from the Downs by the end of January next with directions to call at the Chief Ports between the Isle of Wight and the Lands End for the merchant ships bound for those parts, and that the said convoy be ordered to return from the Cape of Virginia by the 1st or 10th day of July at the farthest bringing with them to England such merchant ships as shall be then ready to saile. This convoy the merchants concerned do desire may consist of four or, five ships. And whereas some considerable merchants of London have represented to us as necessary that another convoy of the like force be sent to Virginia and Maryland about the beginning of July next with a fleet of merchant ships intended to sail about that time, for the further supplying of those Colonies with necessaries, and bringing away the product of those parts, we likewise humbly conceive such a convoy requisite for that service, to sail at that time, or at the latest about the beginning of August, and return from thence about the beginning of April following, to bring home that year's crop; which convoy may either remain in the Rivers of Virginia and Maryland, or be ordered to cruise during the winter season off of Barbados and the Leeward Islands, or elsewhere within the Tropics for the security of the Trade of those parts, in such manner as your Royal Highness shall direct. The necessary service of this year being taken care of, it will only remain that a convoy be sent from England to Virginia once a year during the war, the time of the departure whereof will be determined by your Royal Highness as the circumstances of that trade shall hereafter require for the furnishing those Colonies with the manufactures of England, and bringing away in like manner the product of those parts, without which seasonable provision of convoys, the Colonies of Virginia and Maryland may be necessitated during the war to turn their industry from the trade of tobacco (so beneficial to England) to the producing of European manufactures, or to desert their plantations, which being of such fatal consequence to our trade, ought to be prevented by all possible means. Whatever resolutions your Royal Highness may think fit to take in this matter, it will be necessary that the same be immediately signified to the Governors of Virginia and Maryland by two advice-boats to be sent thither with the greatest speed, and that the said Governors be further enjoined by their Instructions from H.M. to take care that no ships sail out of the Capes otherwise than under convoy. Signed, Weymouth, Dartmouth, Robt. Cecill, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. [C.O. 5, 1360. pp. 347–350.]
Dec. 22. 78. Account of money received by Mr. Thrale on account of the Four Companies at New York, since April 1st, 1702. Recd. at Lord Ranelagh's office 2,610l. Remitted per bills to New York at 30 p.c. advance 1,950l. 17s. 6d. Subsistance paid to Col. Ingoldsby etc., 502l. 2s. 6d. By my Agency, 20l. 15s. 6d. As to clearings or offreckonings nothing hath bin received at the Pay Office since my being Agent to the Lord Cornbury. As to cloathing, none hath bin sent by the Lord Cornbury's Agents, but the last that went was sent by Mr. Champante, Lord Bellamont's Agent. Signed, Jno. Thrale. Endorsed, Recd. Dec. 22nd, Read Jan. 4, 1702. 1 p. [C.O. 5, 1048. No. 7.]
[Dec. 22.] 79. Memorial from the People of the Bahamas to the Council of Trade and Plantations, containing Articles against Elias Hasket, their late Governor. Nassau, Oct. 5, 1701. Endorsed, Recd from Mr. Graves, Dec. 22nd, 1702. Read Jan. 14, 1702/3. 7 pp. Duplicate of Cal. A. & W.I. 1702. No. 547. [C.O. 5, 1262. No. 14.]
[Dec. 22.] 80. Copy of Address of the People of Providence, desiring Ellis Lightwood to take the Government upon him in the room of Capt. Hasket. 120 Signatures. Endorsed as preceding. Duplicate of Cal. A. & W.I. 1702. No. 1042, viii(a). 1 p. [C.O. 5, 1262. No. 15.]
[Dec. 22.] 81. Account of the illegal tax of braziletta wood and other exactions and extortions imposed on several inhabitants of Providence by Capt. Hasket. Endorsed as preceding. 45 items. Total value, 1,193l. 11s. 6d. 2¼ pp. [C.O. 5, 1262. No. 16.]
Dec. 22. 82. Account of Wm. Churchill the stationer. Oct. 1–Dec. 22, 1702. Total, 16l. 4s. 10d. Endorsed, Recd. Read Feb. 17, 1702/3. 1 p. [C.O. 388, 75. No. 66.]
Dec. 22. 83. Journal of Assembly of Barbados. Lt.-Col. Thomas Maxwell was chosed Speaker. An answer to the President's late charge was agreed upon. The President asked the Representatives to wait till there was a Council, and recommended to them the care of the soldiers newly arrived. The House conferred with the superior officers of the land forces, the Speaker informing them of the readiness of this House to take all possible care for refreshing and providing for the present forces arrived, but at this time the Island was under such great necessities for want of foreign salt provisions, as well as other provisions as have been here usually produced, that it was impossible to answer their expectations in so high a measure as they desired. However, that this country may not be thought remiss in their duetye, and to manifest their willingness and hearty desires to do what possibly the Island at this time of scarcity is able for the quartering and billeting of the forces now arrived. The Officers declared that they were in very great want of provisions by reason of their being suddenly ordered into these parts on H.M. service from Cadiz without any further stores or recruits, then what was then on board, and desired the soldiers might be quartered or billeted on shoar to ayre them, and recover their healths.
Resolved, that the soldiers be billeted upon the inhabitants and that each private soldiers be allowed 6lb. of beef or fish per week.
Dec. 23. Arrangements made for billeting the 2,800 men on the several parishes. Bill ordered to be prepared accordingly.
Petitions of Charles Thomas and Nicholas Baker referred to a Committee.
Bill for the present accommodation of H.M. forces read and passed. The House attending on the President and Council, Mr. Speaker read the answer to the charge of the President and Council, and upon their return ordered that a copy might be delivered to the Clerk of the Council, if demanded:—"T' was with no slight dissatisfaction that we heard your harsh interpretations of our well meant words and well intended actions. We presume we need not be told, for we sufficiently know and are heartily thankful for our present true English establishment, as well in Church as State, and believe therein Prerogative and Privilege are so well and wisely blended that it can neither be the true interest of the Prince or People to subvert or invade either of them, and believe also that whosoever shall endeavour to alter the present happy temperament either by carrying Prerogative higher or running liberty lower are equally enemies to our present Constitution, for if it were left to our option, wee would not have Prerogative less, because wee could not have our liberties maintained; nor would wee have priviledge lesse because wee could not be secure from tyranny and oppression, if a bad Prince should come to the Throne, for wee are of opinion that they mutually support and maintain each other. We question not (now) either the sincerity or diligence that your Honour or the Honble. Members of H.M. Council have used in the dispatch or promotion of things for the public good, because recrimination is not our business, but can avow with truth that the not making a quorum of our House and other quick adjournments have often been due to indeclineable circumstances. How ungrateful it was to your Honour and with what irksomness you undertook the trouble to tell us in a sett speech that we dishonoured our gracious Queen, disparaged her Government and lessened her authority, we know not, but you may be assured it was very unpleasant to us to hear, when as thro' the whole course of our lives our actions have been a continued manifesto (even to the most malicious) of our strict loyalty, and we do now declare that we abhor, detest and abjure all persons and things that look that way. We have also lookt back (according to your Honour's advice) into the past and cannot find upon the nicest scrutiny anything therein of that complexion. As to the Bill for taking up and fitting of vessels of war, we humbly conceive we shall not appear, to dispassionate and disinterested men, in those ugly colours your Honour was pleased to draw us in. After we had resolved upon taking up vessels and raising men for that purpose (which we did without the least hesitation) we fell upon consideration of ways and means, our Treasury being then altogether out of cash, in which we met with some almost insuperable difficulties, for we considered then that money to arise from any tax to be laid de futuro could not possibly be collected near so soon as the importunate exigence of our affair called for it, therefore thought upon giving encouragement by a Law for the present advance of money by loan for that use, pursuant to which we had conference with several gentlemen upon that subject and spent a great deal of time in persuading them to the terms (which were hard enough) mentioned in that Bill, with which we immediately waited upon your Honour in the Council Chamber, with the accustomed formalities, where our Speaker delivered the Bill and each member all the while standing and bare, which are tokens of our inferiority. Mr. Speaker did by command from the House give your Honour to understand that we could not consent to any alterations in that Bill and that it must pass as we brought it in or want the money (now your Honour may please to consider that this is a disjunctive proposition) for the speedy equipping out vessels, which if we did, the evil consequences thereon would be chargeable to your Honour, and that we must thereby be forced to dismiss the vessels, and that we would adjourn our House, having no other business of moment before us. Upon which a member of H.M. Council told us we came and popt a Bill upon them, which we took to be a treatment as unsuitable to a gentleman of his character to offer as for men in our post silently to take, and therefore by our Speaker signified the dislike of that expression, because it seemed to insinuate that we were about to use some trick or legerdemaine to betray your Honour and Council into a consent to that Bill soe formed. We can't believe that by pressing your Honour to pass that Bill without alteration, we gave the least shadow of a just suspicion that we intended to impose either upon your loyalty or understanding, or went about to usurp a dominion or superiority over you, and soe invest the order of Government. We suppose it only demonstrated the almost irresistable force we were under from the pressure of our affairs, and the inflexibility of the lenders. You may with as much truth infer that the Gentlemen we treated with for the loan were guilty of as high an usurpation upon the Assembly, for saying we must pass that Bill to their satisfaction, or want the money; that we afterwards consented to the amendments you made in that Bill, shewed evidently that it was force not choice that did before determine us. We hope to make your Honour's heavy charge against the Speaker to arise from your misprision of our meaning, and some undue and illogical inferences, the Assembly being apprised (by several) of your Honour's purpose to send a flag of truce with the French prisoners to Martinico, and that a gentleman almost unknown to most of us and a non-resident here (who is a profest Papist) was chosen for that service, we considering the evils that might probably surveen thereon, to this Island, thought it our duty to wait upon your Honour and humbly supplicate you not to employ that person in that affair, and to accept of a gentleman that we recommended; to which your Honour replied, with some seeming dissatisfaction, that you had already made some steps onward in that affair, and made some entries in the Council book, and appeared not very willing to alter your resolutions, saying, we would in a small time sue possibly for another change, and to expect upon every slight and trivial occasion to move your fixt conclusions, to which Mr. Speaker then rejoined that it could not be easily thought that whatever the whole representative body of the Island should addresse for, should be slight; that we lookt upon ourselves to be the great Council of this Island and that we were chosen by the general suffrage of the freeholders from every parish to represent them, and that we were as watchmen set to observe carefully any danger tho' distant, that seemed to threaten this people, and humbly to admonish (or if that would displease) to advertise you thereof that you might timely provide against it.
Now we conceive that your Honour is well pleased with our appearance before you as supplicants to prevent a further danger to the inhabitants, whom we represent, therefore conclude you lay the whole stress of the charge upon asserting ourselves to be the Grand Council. To suppose us to mean by that expression that we were superior to your Honour in dignity and had a paramount to, or conercive power over you, was to think us in a lunacye, that rendered us fitter for Bedlam than an Assembly, so that we could not in a sound sense mean otherwise than that we were the Great Council in respect of numbers, in which sense we suppose that the Representative body of the people of England in the House of Commons are often called the Great Council of the Nation, and in this sense also, for other construction it will not bear, we may say without being thought disaffected to the present establishment, that of the two Houses of Parliament, the lower is the greater. That we are a Council, we presume will be allowed, because your Honour's writ calls us to advise etc. Upon hearing these reasons, we expect your Honour will not think our late proceedings seem inconsistent with H.M. honour and power, or subversion of her Government or invertion of the order and regular subordination of it. Good God! Did we even so much as dream that we should be charged with want of allegiance ? From the unparalleled invasion of H.M. Prerogative which you lay to our charge for equipping etc. vessels of war, we hope as fairly to clear ourselves as from the former thundring and black accusations. We must confess that the urgency of the thing, and the recess of your Honour and Council at that time, enforced us to act singly some preliminaries only in that matter, which we would not otherwise have done but in conjunction with you, or at least with your levity, if the thing would have borne delay, and for this hastye proceeding we did at our next attending your Honour show the reasons, with the which we thought you then rested well satisfied; for after that we carried on the concern jointly without any disagreement. It might be considered also that we entered upon this matter at your Honour's instance and solicitation. We acknowledge no deference due from us to H.M. Council here more than that which civil respect and reason, not duty, exact, for we are one of the constituent parts of our Legislature here, and though subordinate to, yet independent on the Council, and enjoy a negative voice equal with them. And now hope your Honour will not think that our proceedings have dishonoured our gratious Queen. The other part of our charge, viz., the neglect of the people's welfare, you deduce from two causes, our seldom making a Session of our House and our speedy adjournment when made. We cannot plead altogether not guilty, but many of our failures were due to inevitable accidents, viz., sickness, death of relations, lameness of horse etc., and you may please also to remember that our quorum is very great (15) in proportion to our number, 22. Though we confess ourselves herein in some measure faulty, and will endeavour a reformation, yet we think the reprehension a little too rough, and believe that a soft reprimand had been better, etc. The sense of gratitude for H.M. late righteous yet gratious grant for the right application of the 4½ percent., which you infer we want, we doubt not but our acknowledgments and retributions hereafter (when we know the whole of the grant) will evince us not to be faulty. We declare, as we have never yet, and religiously resolve never hereafter to attempt the least encroachment upon the prerogative of the Crown, or your Honour and Council's rights, so also we resolve zealously to maintain by all lawful means our rights and priviledges inviolate. It would seem that we are not under such an infatuation as not to know the danger of distempers in Governments and the folly of divisions and heats in Councils, for whatever our resentments were, we have now stifled them to show that nothing shall be wanting on our part to restore a good understanding between us, which is necessary as well for H.M. honour as our safety.
Bill for raising a levy was read twice.
The House adjourned till Tuesday three weeks. [C.O. 31, 7. pp. 16–29.]
[Dec. 23.] 84. Undertakers for raising Naval Stores in New England to the Council of Trade and Plantations. Reply to objections raised by their Lordships to the draught of a Charter now lying before them [see Dec. 17]. (1) They will raise and import masts, yards, bowspritts, pitch, tar, resin and hemp. They will import (unless prevented by inevitable accidents) two ships lading of masts, yards and bowsprits within two years after the date of their Charter, each ship to contain 300 tuns at least, and in every year afterward the same or greater quantities. The trees to be used for making pitch, tar and resin, and the ground for raising hemp requiring two years preparation at least, they will import 500 tuns of pitch, tar and resin and 500 tuns of hemp, and as much more as they can, within 3 years after the date of their Charter, and in every year after the same quantities at least, and hope to import much greater. (2) They are willing in this Charter to covenant with H.M. to import such quantities of the stores above-mentioned, which together with the stock of 20,000l. at least, which they have already offered to lay out within three years, will be a sufficient security for their performance of their undertaking, for when such a stock is advanced and sent to the Plantations for raising such stores, returns must be made, or that stock must lie dead there. (3) They presume your Lordships intend by preventing stock-jobbing, nothing more than to prevent the frauds practis'd in some former companies in buying and selling their stocks, which, upon a consideration of those frauds, and the nature of this undertaking, will appear not to be practicable in this Company. Those frauds, justly complained of, were practised by projectors and pretenders to new inventions, where there was no real fund, but merely an imaginary value, dress'd up and magnify'd by the artifices of the first projectors and their accomplices; but the stock subscribed and intended to be raised by the Undertakers is a real stock, and it will appear by their books what money every Member pays into stock, and what real interest he has to dispose of, so that no man who desires to buy any shares can be imposed on by the seller. The frauds themselves were practised in this manner: in making contracts for shares at three months distance at a certain price, and then raising or falling the price of their stocks to answer the profit of the contractors, by a combination with more of their Society. The Undertakers propose as an effectual method to prevent this mischief, that a clause be inserted in the Charter directing that all sales of shares shall be enter'd in the Company's books within six days after the contract made, and that the seller and buyer shall make oath before the Governor, Deputy Governor, or any two of the Assistants, who may be impowered to administer such oath, when the contract was made, and that all other transfers shall be null and void. Signed, Wm. Wharton, Agent. Endorsed, Recd. Recd. Read Dec. 23, 1702. 2¼ pp. [C.O. 5, 862. No. 142; and 5, 910. pp. 311–317.]
[Dec. 23.] 85. Richard Wibird and Shadrack Walton, Merchants and inhabitants of New Hampshire, to the Council of Trade and Plantations, Sept. 170[0]. Wibird and Walton bought of David Jeffryes, of Boston, 4 bags of cotton wool, which had been then lately imported from Barbados to Boston in the Hopewell, John Sunderland, Master. Upon the importation thereof, the Deputy Collector [at] Boston gave a certificate that the same were lawfully imported. In the same moneth said goods were sent from Boston to Piscataqua in the sloop Speedwell. At Piscataqua the sloop and all her lading was seized by Sampson Sheafe, Deputy Collector and Naval Officer, under pretence of not having given bond as the Act requires. Soon after, at an Inferior Court, he exhibited an information against the said goods, and notwithstanding the said certificate was produced and the sloop had only come from Boston, yet the goods were condemned as forfeited. Whereupon Wibird and Walton appealed to the Superior Court, Feb. 10, 1701, where the judgment of the Inferior Court was reversed, and a writ of restitution of the said goods ordered and made out to Sherif or Undersherif. James Levit, Undersheriff, accordingly demanded delivery of the goods, but Sheafe refusing, the Undersherif seized him, and was carrying of him to gaol, as the writ directed, but as he was so doing, called in at a house where William Partridge, Lt.-Gov., was, who told him if he would let Sheafe goe with him, he would see him forthcoming the next morning, which the Undersherif consented to do. Thereupon the Lieut. Governor took Sheafe to his house, where he tarried all night. Next day the Undersherif coming to demand his prisoner, the Lt.-Gov. told him he was none of his prisoner, and if he offered to take him, Sheafe might break his head; so that the Undersherif was discouraged and prevented from keeping Sheafe in custody, and Wibird and Walton disappointed of the benefit of the judgment of the Supperior Court. When Wibird (who is now in town) came from Piscataqua, the said bags of cotton-wool were in the warehouse of the Lt.-Governor. Tho' the sloop and lading, which consisted of divers goods belonging to other persons was seized on the aforesaid pretence, yet all the said goods were discharged, except the said cotton-wool. The said Deputy Collector is considerably indebted to and under the influence of the Lt.-Governor, and so durst not deliver the goods, and the Undersherif being and officer under the Lt.-Gov. and fearful of displeasing him, and the said Lt.-Governor having conceived a great prejudice against Wibird and Walton, has occasioned this seizure and deteiner. Pray their Lordships to examine the matter and represent it to H.M. Signed, Richard Wibird, Shadrack Walton. Endorsed, Recd. Read Dec. 23, 1702. 3 pp. [C.O. 5, 862. No. 141; and 5, 910. pp. 305–310.]
Dec. 23. 86. Minutes of Council in Assembly of Barbados. 279l. paid for matrosses' salaries to Samuel Goodwin, Gunner, of Charles Fort. Ordered that, for the future, no servant shall be employed in such service.
55l. paid to William Kipps, gunner of Willoughby Fort, for salary of himself, mate and one matrosse.
40l. paid to Richard Baynes, gunner of James Fort, for salary of himself and one matrosse.
55l. paid to John Karvis, gunner of Ormand's Fort, for salary of himself and two matrosses.
Petition of Lt.-Col. George Peers for payment on account of the Constant Jane referred to the Assembly.
84l. 4s. 9½d. paid to Edward Arnell for hire of men etc. for the flag of truce with the Spanish prisoners to Trinidado.
Payment ordered to the Commissioners of the Leeward fortifications, on account of John Heywood, Francis Clinton, John Merrick.
Petition of Lt. Cæsar Brooks for a trial, granted. Commission issued.
116l. paid to John Thomas, gunner of Orange Fort, for salary of himself and two matrosses for two years, and 180l. for the salary of 12 matrosses.
Petition of Sarah Leland, widow and executrix of William Leland, for 21l. 6s. 3d. due to him for work done on the Leeward fortifications, granted.
Petition of Margaret Stockdale, widow and executrix of George Stockdale, for 12l. 16s. 3d. due to him for entertaining the Commissioners of the Leeward fortifications, granted.
The Assembly attending, the Speaker presented a Bill for the present accommodation of H.M. forces arrived in the ships of war under Commodore Walker. He moved the Board that all possible care might be taken to prevent the enlisting any of the servants of this Island by the officers of H.M. forces here, and that the said forces might goe on action as soon as possible, and that some of the men of war might cruise to windward to guard the coast and protect our ships coming in. The Speaker then read a paper in answer to the President's Speech. The President desired a copy, and the Speaker replied that he must first ask leave of their House.
The President acquainted them that the Hon. William Sharpe and Patrick Mein, who had undertaken to provide for the reception of the Governor and the Earl of Peterborough, thought that 100l. would be too little to entertain persons of their quality, and that would reflect on themselves and the whole Island, and therefore desired that more might be allowed or themselves excused.
At a Council of War held this day by the President and Council together with the Commanders of H.M. ships of war and Officers of the Land forces, it was proposed by the President and Council that it would be for H.M. service and the protection of the Trade of this Island, that some of the ships of war now here should cruise to windward of this Island. The Officers answered they could not hope to do the country any considerable service, they being heavy ships, unless they could be assisted with some light and nimble vessell, like the Larke, which they desired they might have out with them. The Board answered that she had neither men nor provisions, and that there was no money in the Treasury to equip her. They said they would acquaint the Commodore. Some time after the Council of War broke up, they did acquaint this Board that (considering what great advantage the said vessel would be in that service) they would man and victual her themselves, which the President and Council highly approving, thought fit to acquaint the Assembly therewith. The Assembly sent the following unexpected answer:— Ordered, that the brigantine Larke be permitted to be employed in the service of the country under the command of Commodore Walker on condition that good personal security of some of the inhabitants of this Island in 2,000l. sterl. be given to return her in a month in as good order and condition as she now is in, and that she shall be employed only to cruise in the latitude of this Island, for preservation of our trade, and that whatever prizes shall be taken by her, shall be to the captors' advantage wholly.
After considering of which, this Board, being fully convinced how servicable the said vessel (which now lies useless and spoiling) may be to this Island, do desire the Commissioners to meet and let the Commodore have her for H.M. service and benefit of this Island, during their cruise to windward thereof, he manning and victualling her as before is proposed.
The Bill for the present accommodation of H.M. forces was read three times and passed. Ordered that Vestries be summoned to meet on Saturday next in order to provide for the billeting accordingly. [C.O. 31, 6. pp. 328–336.]
Dec. 24.
87. Lt.-Governor Bennett to [?the Earl of Nottingham]. A vessel lying off this place at sea and bound to Nevis, having sent her boat in here for some refreshments, gives me this opportunity of acquainting your Lordships that I have received your Lordships' pacquetts of May 7, with H.M. Declaration of War, which I published upon receipt of the first, which was Sept. 3. But I have not any orders to proclaim the Queen, and upon consulting the Council it was thought advisable soe to doe, and accordingly H.M. was proclaimed Sept. 28. On Sept. 13 early in the morning appeared off from the west end of these islands ten French ships, two whereof stuck on the sholes. but one (contrary to all expectation) gott clear, but it's believed she sunk soon after, having leaveled the sholes for a quarter of a mile, and several pieces of her keel and sheathing have been taken up, but the other remains a wreck, and all the people that were on board (being 57 in number) came on shoar in their boats. Depositions enclosed. Heding was a prisoner on board and belonged to New York, to which place I sent him to acquaint my Lord Cornbury of the designs of the French. I presume your Lordship has had his account before, I having taken care to transmit it to most of the Plantations in the West Indies, especially to every one mentioned therein.
My Lord, here is a gentleman amongst us whose name is Mr. Larkin (who was sent abroad to regulate and settle Courts of Admiralty, of whom I gave some account, Sept. 5, directed to Mr. Secretary Vernon, not knowing your Lordship had then accepted of that office). This gentleman espoused a discontented and disaffected party (viz., those persons that were employ'd in the Government in my predecessor's time), who were very troublesome to me when I first came, but in some time were all quieted till Mr. Larkin arriv'd, for after some short show of complisance, he deserted and despised me (for what reason I know not), and has constantly consulted, advised and caball'd with those people, which has made such distractions amongst us, that several of the inhabitants have resolved to leave the Island, and remove to Carolina. His pride and vanity, my Lord, has run so high as to say publickly at a Chancery Court to my face that he was equal in Commission to me, and has reported he doubted not but to turne me out of the Government and be in that post himself. He also owns that he is an opposer of Governors, Government and Country for the sake of his party, and for his personal behaviour to me, it has been soe unmannerly and with that contempt as if I had been a private man here sent under punishment from Newgate. This and more than is possible to be believed, I will acquaint your Lordship of in my next, and send sufficient vouchers with it. I know this gentleman has wrote against me by one Capt. Jones, who I found Sheriff here at my first coming, but upon many articles that were prefer'd against him by the Assembly (together with his unmannerlyness to me) I long since suspended him, since which he has been indicted and found guilty of perjury and several other crimes and misdemeanours, and is now under fines to H.M. for the same, and also is indebted by his accounts when Sherrif; and this person also Mr. Larkin espoused, and gives him assurance of a reinstatement in his employment, and in order thereunto, and to free him from the inconveniencys he was under here, did directly contrive and assist Jones in running away with a vessel to Carolina, and I presume, before this arrives, has brought your Lordship a pacquet from Mr. Larkin. That I have here hinted att I'le make very plain (with additional crowds of complaints) in my next, and if he can be justified, as he says he's sure he shall, against all his insolences and abuses, and contemning and despising Government, by owning himself an opposer of Governour and Government, with submission noe Gentleman can come abroad in my post, unless he leaves his honour att home. What he has wrote against me, I can't imagine, but it will be very demonstrable in my next pacquet, which I am preparing, that I have given noe cause to the country to complain, but I have seen soe much of that gentleman, that he will leave nothing uninvented to hurt me. Therefore, my Lord, as I served in the Army both by sea and land all the last war and in the post I am now in I hope and think without reproach (till Mr. Larkin attack't me), soe I doubt not but upon examination to preserve a clear reputation, notwithstanding all the malice and contrivance that that gentleman and his party can invent against me, and what I humbly g[b]egg is, that I may not suffer in H.M. opinion, nor your Lordship's, till my letters arrive, or time given to answer what is or can be found against me; and as to the best of my judgment I have with all diligence, fidelity and integrity discharged the trust reposed in me as Governor, soe I desire to stand any charge to the contrary, under the penalty of my life. It is very hard (my Lord) that after taking soe much pains (which I did with pleasure) to repair the fortifications (which when I came were as if demolished), and to teach the Militia the use of their arms (who are now expert) and have by my care reconciled and brought into method a people who had lived several years not only discontented amongst themselves, but frequently troubling the Lords Commissioners of Trade with their complaints, and having composed all these differences, and brought this country from a scandalous mean character abroad, to be a people of reputation amongst our neighbours; I thought I had nothing to doe but please myself in the quiet administration of the Government from any intestine matters worth taking notice of, but instead of this I am affronted both in my public and private capacity, and, my Lord, this Gentleman's indignities have been so great, that humain nature has flown in my face for reparation; and all he has acted (and in some cases against the Crown) he still flys to his Commission for shelter, thereby scorning and defying all Law to hurt him, to the great abuse and reproach of that Prince's favour who sent him abroad. I doubt not but Mr. Larkin has given a large account relating to the value of the French vessel that's cast away, but as to that, the Officers' depositions will show that she had nothing in her but 82 tuns of logwood, half of which I have got up by divers, and other great expenses I have been att in endeavouring to save the ship, but to noe purpose. In one of your Lordship's letters, which I recd. by the way of Carolina, Dec. 10 last, there is a paragraph that directs me to send the other letters respectively as directed, but there were none enclosed, neither did any come with it to me. Forgive me for so long imposing on your patience with my troublesome complaints, which I hope will be the easier pardoned by your goodness, if your Lordship would please to consider how absolutely necessary for my safety and defence it was, to relate something of my unhappiness; and to have said nothing might have created a censor of my being guilty of what Mr. Larkin has sent against me, well knowing Sir Charles Hedges is the Gentleman he depends upon, at which I am not uneasy, for I am convinced of his goodness and honour, and that he will not injure me wrongfully etc. Signed, Ben. Bennett. P.S.—I presume your Lordship has heard of Admiral Benbow's being dead of his wound in the thigh. Endorsed, R. May 21, 1703. Holograph. 6 pp. Enclosed,
87.i. Deposition of the Captain, Purser and Master of the French shippe, Jane and Cornelious, cast away and wrecked at Bermuda. Sworn, Sept. 21, 1702. In answer to interrogatories by the Governor and Council. They came from France, May 25, bound for the Havanna with two French men of war of 50 guns each and 8 store-ships for Admiral Châteaurenault, who was sent to the Havana to convoy the Plate Fleet home to Spain. They left the provisions at Havana, the Plate Fleet having departed 10 days before their arrival. There were no Naval Stores in the wreck, but for her use, and no money but what the people on board had for their private use, but 184,252lb. of logwood as ballast, and no other merchandize. They arrived at the Havanna Aug. 1 and left Sept. 8th, French style. The galloons had sailed thence July 22—there were 15 or 18 of them, 22 men of war, the Vice-Admiral [Châateaurenault] 72 guns, and the others 50 or 60 guns each. Signed, Durivage Haret, Deperigny, Helie Graton. 2 pp.
87. ii. Copy of preceding. 3¼ pp.
87. iii. Deposition of Lawrence Hedding, late mate of the sloop Three Brothers of New York. Bermuda, Sept. 23, 1702. March 14, on passage from Jamaica to New York in the night time fell in with the French fleet under Admiral Châteaurenault, who took the sloop, took out of her 10,096 pieces of eight etc. and searcht every individuall person on board to a great strictness. Then they took the men out of the sloop and separated them in several French vessels, except deponent, Capt. Peroe and another with several negroes, and put 10 French men on board the sloop and carried her with the fleet to the Havanna, March 29, holding them prisoners on board till July 10. Then they gave the sloop with 25 negroes and her cargo to the Spaniards. Capt. Peroe, who well understood French, informed deponent that several of the French Captains did say that as soon as the Plate Fleet arriv'd in France, the first thing they intended to act in this winter was to take Jamaica and Cura¸cao, and in the summer to take New York. Their design to take New York was by bringing two ships in sight only, and they'll make a waite under English colours to decoy the pilot off, and if that not succeed, then by sending boats on shore with Englishmen under English colours to take persons off to pilot them in. On July 13 the Plate Fleet departed from the Havana being 24 Spanish ships and 32 French, whereof were 16 galloons or Spanish-built ships. The Vice-Roy of Mexico in the Rear Admiral of the Spanish Fleet had on board 60 chests of gold, 600 chests of silver, besides piggs, sows [sous ?] and other plate on his particular account. There remains a very few vessels in the Havana, and them of little or no force; their forts or fortifications by neglect much fallen to decay; their guns many dismounted and useless, their carraidges rotten, their guards consisting of about 50 men at most, their guns about the walls, about 15, being not in a capacity to do any damage. There is a small Fort with about 12 guns to the westward of the town about two miles, with an inconsiderable guard, another small fort to the eastward, with the like quantity of guns and guards, both easily to be surprized. An adviseable way of attacking the Havana Town is between the said Forts, there being several Bays which will admit of an easy landing. Deponent heard the inhabitants say they were very desirous that the young Emperor should come into Spain, as they esteemed that Crown of right belonged to him, and that they had rather be under the Government of the Emperor than of the French; and that they had received letters from Spain that gave an account, by the way of Carthagena, that the Dutch and English were gone to Cales with a 100 sail of men of war, 200 sail of store-ships, with 40,000 men, with horses, field pieces and ammunition for taking that place, and the Spaniard(s) much rejoiced at it, and hoped success, for that the Crown of Spain did not belong to the French.
About Aug. 23 arrived at the Havana from Martineco a small privateer sloop, who brought news that the English were gone with 18 men-of-war to Hispaniola, besides small vessels, and that they had taken Lugan, and had been there 10 days landed before the said sloop came to the Havana; and that Monsr. de Coist was to come General over all the Spanish Coasts, and to view all the Forts and Fortifications, and that he was to land at Cuba, near the Havana, 10,000 men, and to leave at the Havana 6 men-of-war to cruise upon the Gulf. Signed, Lawrence Hedding. Copy. 2½ pp.
87. iv. Copy of preceding. 2¾ pp. [C.O. 37, 25. Nos. 74, 74.i.-iv.]
Dec. 24. 88. Copy of No. iii. supra. 4 pp. [C.O. 5,1084. No. 5.]
Dec. 24.
89. Lt-Gov. Bennet to the Council of Trade and Plantations. Mainly a duplicate of preceding letter to Lord Nottingham. If it can be possible that Mr. Larkin should be justified in all his insolent practises, no gentleman can come abroad in my post, unless he leaves his honour at home. And pardon me if I presume to conclude that his late Majesty did not intend to impower Mr. Larkin to come into this Government and abuse me and everybody, neither can I believe that it is expected from me to suffer his insolences, for affronting me (especially when in the chair) is flying in the face of him that sent me. It could not be any advantage to me to differ with him, but much otherwise, for if he had held his integrity as he began, our agreement would have been of advantage to me in character when he returned home, for I am sure he saw nothing here, both in Civil and Military affairs, but what was reforming and improving. But in my opinion his show of friendship at his first coming was only to sound me, that he might the better know how to proceed for his friends he was retained for in England, I mean Col. Day and Judge Nelson. For I received him as one of my family and left nothing undone whereby to show him respect and to divert him in this poor little malancolly retirement. Therefore because he could find no just pretence to fall out, he was constrained, in order to prosecute his designs, to propose himself an open enemy, which now he is with a witness, for he publicly gives out that he doubts not but to turn me out of my Government, and come into that post himself. . . . I have been informed that when Sir Thomas Day petitioned H.M. for his son to have liberty to come home with his effects, many unkindnesses were alleged that he had received from me, and that Col. Day was a close prisoner all that time; all which is upon my word directly false, for I never denied him anything that I could justifiably grant, neither was he ever a close prisoner, for when action was taken out against him (which I could not contradict) the Marshal by my order acquainted me, and time given him to find bail. I beg that I may not suffer in your Lordships' opinions till I have time to clear myself. Signed, Ben. Bennett. Endorsed, Recd. 21st, Read May 27, 1703. Holograph. 7 pp. Enclosed,
89. i. Abstract of preceding. 2¼ pp.
89. ii. Duplicate of above No. i.
89. iii. Duplicate of above No. iii. [C.O. 37, 4. Nos. 17, 17.i.–iii.; and (without enclosures) 38, 5. pp. 382–389.]
[Dec. 24.] 90. Mr. Champante's Account of the Subsistance and Clearings of the Four Companies at New York, March 8, 170 0/1, to Dec. 24, 1701. Endorsed, Recd. Dec. 24th, 1702, Read Jan. 4, 1702/3. 4pp. [C.O. 5, 1047. No. 81.]
[Dec. 24.] 91. Mr. Champante's Account of his receipts and payments as Agent of the Four Companies of New York, March 26, 1699—March 8, 170 0/1. Signed, J. Champante. Endorsed as preceding. 2 pp. [C.O. 5, 1047. No. 82.]
[Dec. 24.] 92. Mr. Champante's Account of Offreckonings and Cloathing during his Agency to the Forces at New York. Signed and Endorsed as preceding. 2 pp. [C.O. 5, 1047. No. 83.]
Dec. 24.
93. Minutes of Council of the Massachusetts Bay. H.E. acquainted the Council that the dispatch of the store-ships with provisions for the supply of H.M. forces in Jamaica had retarded his journey to Piscataqua, but in few days intended to set forward, and desired Penn Townsend and Nathaniel Byfield of the Council to accompany him hither, he having received advice that some of the principal of the Eastern Indians had a desire to speak with him and were about coming to Boston in a sloop of Capt. March's, Commander of H.M. Fort at Cascobay; but he had written a letter to prevent their coming hither and to direct their waiting upon him at Piscataqua, where he expected to see them. H.E. said that he had employed two of the Eastern Indians to give him secret intelligence from time to time of the Indians' motions, and that they would expect some gratification for their service.
Accounts of the Province galley referred to a Committee.
Ordered that the Treasurer advance to the soldiers in garrison at H.M. Castle on accompt of their wages, in clothing, at the direction of the Lt.-Gov., not exceeding 5l. a man, one with another, and also that he provide five match coats for the sentinels.
6l. 11s. 10d. paid for doctor's attendance etc. upon 4 seamen belonging to H.M.S. Province galley, put on shore sick of the small-pox.
27l. 3s. 3d. paid to Daniel Willard, Keeper of H.M. Gaol in Boston, for keeping several French prisoners of war, July—Nov. 17, 1702.
15l. paid to Bartholomew Green, of Boston, Printer, for printing of the Acts, Proclamations and Public Orders, Sept. 27, 1701—Sept. 24, 1702.
87l. 10s. paid to Isaac Addington for fees etc.
H.E. further prorogued the Assembly from Jan. 7 till Feb. 10. [C.O. 5, 789. pp. 474–476.]
Dec. 25. 94. Account of Postage for the Board of Trade, Sept. 28—Dec. 25. Total, 7l. 6s. 5d. New Year's gift for two years, 5l. 7s. 6d. 1 p. [C.O. 388, 75. No. 65.]
Dec. 28.
On board H.M.S. Canterbury before Port Royal in Jamaica.
95. Rear Admiral Whetstone to the Principle Secretarys of State. Yesterday about noon I came to anchor at this place, having been 30 odd days cruising on the coast of Hispaniola, designing if any prospect of service to have annoyed the enemy, having one of the bomb ketches with me, but could find nothing worth the charge of attacqueing by bombarding or other ways. At my return, I received your letter of Oct. 7th, to Admiral Benbow. I observe your Lordship tells him of six ships of warr to be detacht from Cadiz with 2,000 soldiers. These ships I presume are arrived at Barbadoes, but doe not, by Capt. Haverden Walker's letter, find they have either orders or inclinations of coming down here, unless the want of provisions or stores bring them; but then I presume none of the soldiers comes with them. The other ships your Lordships mentions with the Governor are not yet arrived. I shall endeavour to be in the port at their arrival, and consult with the most knowing here to doe the best service we can. I shall rejoice to be successful, and will not be wanting to doe my uttermost for H.M. service. The most of the ships here will want a relief, as will also the men, the wormes being very destructive to the ships, and the recovered men (for all have been sick) at our short allowance cannot gather strength to answer the end of the service. I humbly pray for myselfe a reliefe, when it may be noe prejudice to H.M. service. I beg to lay a little scheme before you of the occasion of some misfortunes attending H.M. service in these parts. All seamen that come hither are generally attended with sicknesse at the first; many it carries. off, some recover, but then being at short allowance of provisions, one third is eaten out with the salt, another third abated in their allowance, so that there is but one third of H.M. allowance for these men to subsist on, by which they can never geather strength, and altho' their short allowance money is duly paid them, and all care imaginable taken to prevent them from buying strong liquor, yet they doe it, and throw themselves into distempers, so that the short allowance money intended for their good proves their prejudice; and fresh provisions are soe extream scarce and excessive deare that they will not lay out their money that wayes. If these misfortunes could be prevented by a constant supply of provisions to keep them at whole allowance, I presume they would be much more healthier, and much more fit for service. The trade of this country now is privateering, which has not yet been successful, but carryes of the men, so that the Government here says they can give now supplyes to H.M. ships here. Signed, Will. Whetstone. Endorsed, Recd. April 19, 1703. Addressed and sealed. 2 pp. [C.O. 137, 45. No. 34.]
Dec. 29.
96. Journal of Council of Trade and Plantations. Their Lordships taking into consideration the several papers transmitted by the Lord Cornbury relating to the state of the Province of New York, and more particularly the Acts past there in April and May last, immediately before his Lordship's arrival in that Province, in order to their determination upon the names of Counsellors fit to be inserted in his Instructions, some progress was made in that matter.
Dec. 30. Their Lordships, having considered the present state of the Council at New York and the names of persons recommended by the Lord Cornbury to fill up vacancies, agreed upon the names of twelve to be inserted in the Instructions prepared for him, and having likewise considered the Acts passed at New York in April and May last; ordered a Representation to be prepared relating to those matters.
Upon consideration of the proposals relating to the importation of Naval Stores from New England, their Lordships gave directions for some alterations to be made in the draught of a Charter received from the Petitioners for an Incorporation for that Trade; together with several additions to be communicated to them, that their sence may be known thereupon, in order to a Representation to H.M. upon that matter.
Dec. 31. A Representation as ordered yesterday upon the Acts of New York etc. was signed.
Mr. Champante laid before the Board his account of the Offreckonings of the 4 Companies at New York. He said that he had received a letter from Capt. Nanfan, Oct. 5, acquainting him that the cloathing which he had last sent for the soldiers was then arrived there; he further desired that their Lordships would please to send to the Pay Office for an extract of all the money that has been paid to him upon account of the said 4 Companies; whereupon the Secretary was ordered to write to Mr. Paunceford for it, and their Lordships further directed him to attend again on Monday next in the afternoon, and to bring with him any persons that he thinks fit, to make out what he may then offer. Ordered also that Capt. Matthews and Mr. Thrale, Agent for the Lord Cornbury, have notice to attend at the same time.
Order of Council, Dec. 17, together with a petition of Mr. Samuel Allen, relating to the Propriety of New Hampshire, read. A further Memorial upon the same subject was laid before the Board; whereupon Mr. Usher, who solicites that affair, was ordered to attend the Board on Monday next in the afternoon, with the proofs what he has to produce of his allegations. [C.O. 391, 15. pp. 337–341; and 391, 96. Nos. 208–210.]
Dec. 31.
St. James's.
97. Order of Queen in Council. Approving a Memorial from H.R.H. Prince George of Denmark, Lord High Admiral, Dec. 23, quoted:—Refers to petitions of Merchants trading to Virginia. Proposes that, it may be reasonable to send from hence two ships of the fourth rate by the end of Jan. next to carry all the trade from the several ports, which ships will join at Virginia two others, which I have ordered Vice-Admiral Benbow to detach thither, and to depart from thence in company with the Trade by July 1st or 10th. And whereas the merchants of London have represented that there will be occasion to send to Virginia the beginning of July next a considerable Trade, it is further proposed that two fourth-rate ships may be appointed at that time, or by the latter end of August, to convoy the said Trade, which for their better security may be seen well into the sea by other ships to be particularly appointed, and then the said convoy may depart from Virginia and Maryland with the Trade by the beginning of April following, and that during their stay there, they may cruise in some proper station to protect the trade of the Leeward Islands. Proposes that, the Governors of Virginia and Maryland may be enjoyned by H.M. Orders to take care that no ships sail out of the Capes without convoy, to prevent the mischiefs which otherwise may happen to the Trade from the enemy.
Ordered, that H.R.H. give the necessary directions accordingly, and that the Council of Trade and Plantations prepare the necessary Instruction to the Governors as proposed. Signed, Edward Southwell. Endorsed, Recd. Read Jan. 5, 1702/3. 2 pp. [C.O. 5, 1313. No. 9; and 5, 1360. pp. 353–355.]
Dec. 31.
St. James's
98. Order of Queen in Council. Directing that the Order of Sept. 26, 1699, be renewed on behalf of the petitioner, Sir John Colleton. Bart. The Council of Trade are to prepare an Instruction for the Governor of Barbados accordingly. Signed, Edward Southwell. Endorsed, Recd. Read Jan. 4, 1702. 1¼ pp. Enclosed,
98. i. Petition of Sir John Colleton, Bart., to the Queen. [See Cal. 1699.] 2 pp. [C.O. 28, 6. Nos. 91, 91.i.; and 29, 8. pp. 267–272.]
Dec. 31.
99. William Popple to Edward Paunceford. I am ordered by the Council of Trade and Plantations to desire you to furnish them with an extract of all money received by Mr. Champante from the Pay Office upon account of the 4 Companies at New York. [C.O. 5, 1119. p. 326.]
Dec. 31.
100. Council of Trade and Plantations to the Queen. We humbly lay before your Majesty several Acts past in the General Assembly of New York in April and May last by Capt. Nanfan, late Lieut.-Governor; to which we have received several objections made by Governor Lord Cornbury. (i). Act for continuing the Revenue established by Law unto H.M. for two years longer, is in effect little more than a specious pretence for giving away divers sums out of the Revenue to several persons who have been since discharged by his Lordship from their employments for misbehaviour in the Government, and does not seem to be otherwise necessary, because a former Act for settling the Revenue continues in force till May 18, 1706; before which time we presume the Lord Cornbury will have taken further care in that matter. (ii.) The Act for paying the debts of this Government made in the time of the late Happy Revolution does tend to charge the Province with payment of goods taken from several merchants by Jacob Leisler and others of his party, in the time of their disorderly proceedings, upon pretence that the same were for H.M. use, and is contrary to the directions given by us to the late Earl of Bellomont that no Act of Assembly should be passed by his Lordship's consent, whereby any retrospect was had to the quarrels or differences between any parties during the forementioned disorders. (iii.) The Act for declaring, confirming and explaining the liberties of the City of New York relating to the election of their Magistrates does in effect overthrow the Charter, and tend to the great prejudice of that City. (iv.) The Act for outlawing Philip French and Thomas Wenham being contrived for the outlawing of those men, otherwise innocent, for default of their appearance within ten days, is in itself unjust and repugnant to the Laws of England, which allow a much longer time in cases of outlawry. (v.) The Act for augmenting the number of Representatives is an alteration not fit to be made in the Constitution of that Government, and dos tend to the burthening the people of some places in that Province who have already so many Members of Assembly as they are willing to maintain. (vi.) The Act for the better regulating the elections of Trustees and Magistrates for the Town of Kingston, Co. Ulster, does tend to the ruin of the said town. We humbly offer that your Majesty would please to signify your disapprobation and disallowance of the said Acts.
We further humbly represent to your Majesty, that having several Members of your Majesty's Council of New York for their misbehaviour and divers irregular and illegal proceedings, whilst they were in power (viz., Atwood, Weaver, A. Depeyster, Staats and Walters), and having considered the reasons of his Lordship's so doing, we do approve thereof; and humbly conceiving it fit that the said persons be displaced by your Majesty, we have thereupon added in their stead the names of five other persons recommended to us by the Lord Cornbury as fit to supply those vacancies, to make up the number of twelve persons in your Majesty's said Council, whose names are accordingly inserted in the Instructions we have prepared for his Lordship, which we herewith humbly lay before your Majesty for your Royal Approbation. Signed, Weymouth, Rob. Cecill, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen. Annexed,
100. i. Copy of Instructions for Edward Lord Cornbury, Capt.-General and Governor in Chief of New York and the territories depending thereon. Similar to previous Instructions. Variations: Members of Council of New York; William Smith, Peter Schuyler, Sampson Shelton Broughton, Wolfgang William Romer, William Lawrence, Gerardus Beckman, Rip Van Dam, John Bridges, Caleb Heathcote, Thomas Wenham, Matthew Ling, Killiam Van Ranslaer…Appeals to be allowed to the Governor and Council, where the value exceed 100l. sterl. etc. and to H.M. in Council, where it exceed 300l. sterl… You are to endeavour the repeal of the clause of the Act of New York for quieting and settling disorders, which has of late been misinterpreted to the oppression of our subjects, the Laws of England having sufficiently provided for the true purposes thereof etc. See Cal. 1701. Nos. 1030 and 647. ii. [C.O. 5, 1119. pp. 273–325.]
Dec. 31.
St. James's.
101. Order of Queen in Council. Upon above Representation, Ordering that Mr. Atwood and Mr. Weaver with their Councell learned be heard before H.M. at this Board, Jan. 14 next, and that Mr. Attorney and Mr. Solicitor General be instructed by the Agents of the Lord Cornbury in order to make good the charges brought against them by him, and that the parties concerned do make their application to the Council of Trade and Plantations for such papers transmitted by my Lord Cornbury as may be proper for their information. Signed, John Povey. Endorsed, Recd. Read Jan. 4, 1702/3. 1p. [C.O. 5, 1048. No. 8; and 5, 1119. pp. 328, 329.]
Dec. 31.
St. James's.
102. Order of Queen in Council. Repealing 6 Acts of New York past there in April and May, 1702, as recommended by the Council of Trade and Plantations. Signed, Edward Southwell. Endorsed, Recd. 14th, Read Jan. 18th, 1702/3. ¼ p. [C.O. 5, 1048. No. 9; and 5, 1119. pp. 343, 344.]
Dec. 31. 103. Minutes of Council of Virginia. On consideration of the Lords Justices' Instructions, Sept. 3, 1698. "You are to take care that in time of war no ships do come from Virginia but in fleets, or at such time as shall be notified from hence for their meeting of convoys etc." the Council being in doubt as to whether merchant ships without a convoy shall be accounted a fleet, and how many ships shall constitute the same, desire H.E. to ask for directions from the Lords Commissioners for Trade, how to proceed when no convoys are in the country or can reasonably be expected. And forasmuch as after embargoes have been laid here pursuant to the aforesaid Instruction, the ships in Maryland continue to sail as usual, whereby they have the advantage of the market, and the inhabitants of this Colony and traders here are not only deprived of that benefit, but are also at great charge in seamen's wages and the damage of their vessels by the worm and other accidents, the Council pray that the same may be represented, that so the inhabitants and traders to this Colony may be under no greater restraint than those concerned in the same trade in our neighbour Colony.
Letters from Capt. Moody to H.E. etc. read, giving notice that he hath received orders from the Lord High Admiral and Capt. Leake directing to sail for Newfoundland to join Capt. Leake and in case he is gone, to make the best of his way to England, in which letters he hath not only used divers very reflecting and presumptuous expressions, but also hath refused to send his orders or give an attested copy of them to H.E. (notwithstanding he showed them to Mr. Commissary Blair and Col. Philip Ludwell) to the end H.E. and Council might have judged what would most conduce to H.M. service and the advantage of trade upon this occasion. Whereupon it is the unanimous opinion of the Council that for want of true knowledge of such orders, they cannot give any directions to the merchant ships, which may tend to the great prejudice of H.M. service and the trade of this country, and they therefore desire H.E. to issue his warrant to Capt. Moodie, commanding him to bring or send to H.E. on Jan. 5 an attested copy of the orders he hath received, that this Board may consider wherein he may be serviceable, as also a copy of the Journal of his proceedings since he come into this Colony, that so it may appear whether he hath complied with the orders he hath from time to time received.
Whereas Capt. Moodie in his said letters of 16th, 20th, 22nd and 29th inst. complains of his being in want of provisions and men, and that his water casks are in a bad condition and his men naked and in great want of clothing, for which reasons he cannot proceed so soon on his voyage as ordered, H.E. and Council find that whenever any application hath been made by him for credit for provisions or any other matter, orders and supplies have been given him as desired. Capt. Moodie hath had H.E.'s warrant for impressing seamen, and to strengthen the same an Act of Assembly hath lately passed for apprehending runaway seamen, whereof divers have been taken and delivered to him. And as to his water cask and the nakedness of his men, it is the first time any such representation hath been made to this Board, so that if he is in want of any the above particulars, or cannot sail pursuant to his orders, it is no fault of H.E. and Council. They conceive it for H.M. service and order that Capt. Moodie give a positive answer whether he intends immediately to sail from hence, and whether he intends to touch at Newfoundland, and that he answer on Jan. 5.
Ordered that Capt. Moodie deliver H.M. sloop Elizabeth with all her rigging etc. to the Collector or Naval Officer of the district from whence he takes his departure.
Whereas it hath been represented by Capt. Moodie that he is in want of diverse seamen, H.E. and Council being willing as far as it is possible to supply H.M.S., hereby in Her Majesty's name strictly charge all officers, civil and military, and all H.M. loving subjects to use their utmost endeavours to discover and apprehend all vagrant and runaway seamen and them safely to convey on board H.M.S.Southampton in accordance with the late Act of Assembly.
The Council requested H.E. to write to the President of H.M. Council in Maryland to order Capt. Nathaniel Bostock, H.M. advice-boat Eagle, to attend on this Government with all speed. And forasmuch as all the seamen that can be had in this country will scarce be sufficient to supply H.M.S. Southampton, the Council desire H.E. to write to Capt. Bostock that he take care to man the Eagle before he comes from Maryland, and for his assistance to send him the list of seamen now in Maryland who have run away from H.M. service.
Upon reading Lord Cornbury's letter, Nov. 19, desiring that the quota of 900l. be remitted by the very beginning of the Spring, H.E. asked the advice of the Council whether, since Lord Cornbury is so pressing and seems to apprehend the frontiers of his Government in danger, it will be convenient to call the Assembly sooner than March 17. The Council were of opinion that the Assembly cannot conveniently meet sooner, for the reasons given Oct. 27. [C.O. 5, 1409. pp. 265–268.]