America and West Indies: August 1703, 1-5

Pages 593-609

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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August 1703, 1-5

Aug. 1. 982. Governor Nicholson to the Council of Trade and Plantations. Being come hither in order to dispatch this Fleet now, God willing, bound for Engld., I herewith transmit the list of the said fleet, together with Captain Christopher Fogg, Commander thereof, his sailing-Instructions etc. There may be 3 or 4 masters of ships that have not been yet on boord. I'm in hopes that before he getts clear off the land, all the ships and vessells designed to go with this convoy will joyn him. Commodore Fogg has behaved himself very well in all respects since he came hither: and I don't in the least doubt but that he will use all ways and means to convoy the Fleet safe for Engld. Every day 2 or 3 ships come in at ye Capes, which, I hope, are of the last Fleet: but as yet no account either of H.M.S. Oxford or the Cutbert and Spranger, on boord which are H.M. arms, ammunition etc., and that, please God, they may arrive is the hopes of him who is your Lordships' most obliged and faithfull humble servant. Signed, Fr. Nicholson. P.S.—I found on boord Mr. Philip French, one of the principal merchants of N. York, and late Major thereof. I take him to be a gentleman very well affected to H.M. Government: he hath a very good estate, and marryed one of the late Mr. Frederick Phlepps his daughters. I think he was formerly Speaker of the House of Burgesses at New York, and when I was there last a member thereof and of good esteem there, and Chairman of the Grand Committee. He told me that he happened to have some discourse with one Mr. Robert Beverley, who is Clark to our House of Burgesses, about the affairs of N. York, particularly concerning his late Majesty's and her present Majesty's orders for ye Assembly's furnishing a quota of men and money. I desire that your Lordships would be pleased to let him give you an acct. thereof. This Mr. Robert Beverley marryed one of Col. Byrd's daughters, but she is dead: he hath been some years at law about an estate here, and our last Genll. Court there was an appeal to H.M. in Council by one Mr. Shelden, his antagonist: so Beverly is going for Engld. on boord this ship. To talk further with him concerning N. York affair, and to give your Lordships an account thereof, Mr. French is desired by, Signed, Fr. Nicholson. Endorsed, Recd. 5, Read Oct. 8, 1703. Recd. by Christopher Fogg, Commd. of the Falmouth. 1½ pp. Enclosed,
982. i. Abstract of preceding. 1 p.
982. ii. List of (62) ships bound from Virginia to England under convoy of H.M.S. Falmouth, July 28, 1703. All laden with Tobacco except one with rice and logwood, one with rice and one with furs. Same endorsement. 2 pp.
982. iii. Capt. Fogg's Instructions to the Fleet for forming a Line of Battle, on hoisting an Union Flagg at the Mizen peeke and firing a gun etc. Lynnhaven Bay, Virginia, July 31, 1703. 1 p.
982. iv. Capt. Fogg's Instructions to the merchant-fleet under his convoy for keeping company with H.M.S. Falmouth etc. July 28, 1703. 3½ pp. [C.O. 5, 1313. Nos. 31, 31.i.–iv; and (without enclosures) 5, 1360. pp. 427, 428.]
Aug. 2. 983. Journal of Assembly of Jamaica. Adjourned till to-morrow.
Aug. 3. Thomas Bryan had leave to go the North side, the French having taken off several of his negroes.
Bill for the better encouragement of the importation of white men read the second time.
Valentine Mumby had leave to be absent to-morrow.
Aug. 4. Committees appointed to bring in Bills for continuing the additional duty, and to oblige the estates of absentees to find fitt persons to serve as way wardens, constables and tything men in their respective parishes. The former was brought in and read twice.
Bill for the better laying out and mending the highways read and recommitted. [C.O. 140, 7. pp. 83–85.]
Aug. 3.
984. William Popple to William Penn. In answer to your letter of Aug. 28, what I writ you the 23rd was in the very words of Lord Cornbury's letter, which the Council of Trade and Plantations ordered me accordingly to send you soon after they had received it, that you might also take speedy care to put a stop to such undue proceedings. [C.O. 5, 1290. p. 360.]
Aug. 3. 985. Mr. Champante to the Council of Trade and Plantations. Mr. Nanfan has May 27 last lay'd before your Lordships the imprisonment he is now under, by reason of the non-payment of those Bills of Exchange which he sold to the Merchants of New Yorke, for ye money with which he subsisted the soldiers there for four months and an half more then their subsistance was paid to his account here in England. This misfortune had been prevented and the Bills been long agoe paid, for the answering of which my Lord Treasurer was pleased upon a Report of my Lord Ranelagh's, to whom this matter was refer'd, to order the advance of a considerable summe of subsistence, if the present Agent of New Yorke had not put a stop to the issuing of it, upon several pretences, which as I humbly conceive I had the oppertunity some while ago to prove groundless before your Lordships, as may appear by the several answers put into them in Mr. Popple's custody. The said Agent allows now that Mr. Nanfan has subsisted the soldiers for four months and a half more than I have received subsistence for, and that therefore I ought to receive subsistance for the like time to answer the said bills and the annexed account, which is a true copy of one I have received from Mr. Nanfan, will let your Lordships see how the money which was raised upon the bills has been disposed of, in which I must observe that as the accountant has not taken credit for what he has expended himself upon account of contingencies, so he has not creditt for what has been paid by me here on the same account, and to several officers on account of their pay, which may amount, to near 700l. New Yorke money. I humbly hope your Lordships, in tender consideration of the matter, will have the goodness to represent the same so to my Lord Treasurer, that I may have his Lordship's order for the receipt of the said subsistance to answer the said bills, and that your Lordships will be pleased to take such measures as your Lordship shall think most fitting for the releife of Mr. Nanfan, whose unhappy case I humbly submit to your Lordships. Signed, J. Champante. Endorsed, Recd. Read Aug. 5, 1703. 1 p. Enclosed,
985. i. Copy of Capt. Nanfan's Account of money taken up at New York for the use of the soldiers, March 8, 170 0/10 –May 9, 1702. Shows, Debit 4,618l. 11s. 1d. + (30 p.c. advance for difference of money) 1,385l. 11s. 3¾d.= 6,004l. 2s. 4¾d. Credit (cash paid to the soldiers) 5,770l. 9s. 10½d. Balance, 233l. 12s. 6¼d. Accountant does not give himself credit for what has been expended by him upon acct. of the contingencies of the four companies out of the 10 p.c. remaining according to the establishment, but will prepare such an acct. Signed, John Nanfan. New York, May 29, 1703. Same endorsement. 1 p. [C.O. 5, 1048. Nos. 63, 63.i.; and (without enclosures) 5, 1120. pp. 13–15.]
Aug. 3.
986. Governor Sir B. Granville to the Council of Trade and Plantations. Enclosed is the copy of the Proceedings at a Court Martiall held here long before my arrival and of which the then Government ought to have given an account. The persons concerned are three Frenchmen who came hither in a Flag of Truce, upon the faith of a Cartel which had bin agreed: one is condemn'd to Death, and the two others to be prisoners, 'till the Queen's pleasure is known. All the information I can get is contain'd in this paper, and the evidence does not appear to me strong enough to support the sentence given, especially in relation to the man's life. I humbly therefore beg leave to submit that also to H.M. pleasure: and having found him repriev'd at my coming, I shall continue him so untill your Lordships are pleased to signify to me H.M. orders. The Cartel which had bin settled between this place and the French Islands long before my arrival, I have refused to ratify, being of the opinion that it is not for H.M. service in these parts to hold any communication with them, but that it will be of more advantage to send away to Europe all the prisoners we take. I have here at present 53 which I shall put on board the ships bound with the convoy to England, taking the Master's receipt and obligation to deliver them into custody at his first port. The French Islands subsist by privateering, and being but thinly inhabited, nothing can be more injurious to them, then sending away their people. Not having any particular instructions in these matters from your Lordships, I act in 'em to the best of my skill, submitting all to your Lordships' judgments and desiring I may be directed in the measures I am to take for the future. I have not of late had my health and a slight indisposition joyned to the excessive heat, which alone is a distemper to a newcomer, makes him very uneasy. I desire this may make my excuse to your Lordships for my remissnesse in laying before you those observations I am commanded, and tho' I have not been able to discharge myself here with that application that I ought, I have don it with all the ill state of my health would bear. The sickness in this country continues with great violence and mortality. The French have no men of war at Martinique, but expect a squadron from France very soon, these seas swarm with their privateers. I have the honour of your Lordships' letter of May 27. Signed, Bevill Granville. Endorsed, Recd. 12th, Read Oct. 21, 1703. Holograph. 3 pp.
986. i. Abstract of preceding. 1 p.
986. ii. Copy of a Court Martial held in James's Fort in the Bridge Town, Feb. 2, 1702/3, for the trial of the Sieurs Du Verger, Alexander Toraille and Joseph FontaigneToraille. See preceding letter. Endorsed as preceding. 2½ pp. [C.O. 28, 6. Nos. 101, 101.i.; and (without enclosures) 29, 8. pp. 326–328.]
Aug. 3.
987. Governor Sir B. Granville to [the Earl of Nottingham]. I am informed that the Dutch at Curacoa doe at this time trade with Spanish America; in the beginning of the Spring they received orders from their West India Company under whose directions they are to recall all their Commissions, which was don, and no vessel now stirs from thence till they give security not to molest the Spaniards, but to traffick with them as formerly, ammunitions of war excepted. Repeats substance of preceding. Signed, Bevill Granville. Endorsed, R. Oct. 8, 1703. Holograph. 3 pp. [C.O. 28, 38. No. 16.]
Aug. 3.
988. Governor Sir B. Granville to Mr. Popple. The pacquet boat with the mails of May 27 and June 24 arrived here the 1st instant in 30 days from England: it brought me a letter from their Lordships of the first and another from yourself of the second date together with severall duplicates to myself and others to Mr. Bennet and Larkin at Bermuda, I had received the originalls before of each, and those to Bermuda were dispatched; these shall be soe likewise by the first opportunity, of which you shall have a certificate signed by the Master of the vessell. H.M. has not yet signed the Commission for the trying of pirates, at least no such has come hither, and that from the late King being determined we cannot proceed upon it. We have one here accused of piracy. I must desire you would lay this matter before their Lordships, as also the two enclosed letters, one of which is a copy of what I writ by the former Packet. The Coventry and Milford with the Merchant ships under the convoy arrived here June 20; the Milford remains here in the room of the Kingsale, which with the Coventry and the Merchant ships that are ready will depart from hence the latter end of this week. Signed, Bevill Granville. Endorsed, Recd. 12, Read Oct. 21, 1703. Addressed. Holograph. 2 pp. On blank side,
988. i. Abstract of preceding. ½ p. [C.O. 28, 6. Nos. 102, 102.i.; and (without abstract) 29, 8. pp. 329, 330.]
Aug. 3.
989. Journal of Council of Trade and Plantations. Mr. Jones, late Secretary of Bermuda, delivered a letter from Mr. Larkin, dated Jan. 26, and Mr. Blathwayt communicated a letter of the same date from Mr. Larkin to himself, which were read. Jones in discourse justified Larkin and blamed Capt. Bennett. He complained also of many hardships done to himself, and desired an opportunity to vindicate himself from the imputations that had been cast upon him, in order whereunto he promised to lay an abstract of what he might have to say before the Board, and in the meantime he suggested that the occasion of the ill-conduct of several Bermuda Governors has been a present of 300l. usually made them by the people upon their arrival, which engaged them to favour many undue practices. Their Lordships thereupon ordered an abstract to be made of the facts charged against Capt. Bennet by Mr. Larkin in order to writing thereupon to his brother here.
Mr. Jory attending as he had been desired in relation to the Act of Nevis, for the better securing and confirming the tithes of land, he was acquainted with Mr. Attorney General's objection against it, and agreeing that there seemed to be a mistake in the Act contrary to the intention of the Assembly, their Lordships ordered a report to be prepared wherein to offer to H.M. that it may be repealed.
Mr. Jones, a Minister of Virginia, being about to return thither, the letter lately writ to the Governor was recommended to his care.
Letter from Mr. Penn, July 28, read. The Secretary was ordered to tell him that he already has a copy, July 23, of what he desires.
Aug. 4. Heads of Complaint against Lt.-Gov. Bennet agreed upon and ordered to be sent to his brother, with a signification that their Lordships desire to speak with him to-morrow morning.
Order of Council, July 30, read. Directions given for a letter to Col. Dudley upon that matter.
Order of Council, July 30, read and ordered to be sent to Mr. Penn.
H.R.H. Report, June 9, with H.M. Order in Council, July 30, read, and letter writ to Mr. Wharton, enclosing a copy of the Report and desiring him to attend to-morrow morning.
Aug. 5. Order of Council, July 30, approving Mr. Evans, read.
Orders of Council, July 30, approving Mr. Thomson, etc. read.
Mr. Champante presented a memorial on behalf of Capt. Nanfan, with account, which were read; letter to my Lord Treasurer prepared. [C.O. 391, 16. pp. 190–196; and 391, 97. pp. 545–554.]
Aug. 4.
990. William Popple to Governor Seymour. Enclosing a packet of letters. [C.O. 5, 726. p. 268.]
Aug. 4.
991. William Popple to John Bennet. Enclosing abstract of letters from Bermuda relating to the ill usage of Mr. Larkin by Lt.-Gov. Bennet, his brother. "Whereupon the Council of Trade desire to speak with you to-morrow morning." Annexed,
991. i. Heads of complaint against Lt. Gov. Bennet. [C.O. 38, 5. pp. 428–430.]
Aug. 4.
992. William Popple to Wm. Wharton. By order of the Council of Trade and Plantations, I enclose a copy of H.R.H. report upon the petition of Sir Mathew Dudley and others relating to a Charter for the importation of Naval Stores from New England etc., that they may conform themselves to the restrictions contained therein. The said restrictions being added to the draught of a Charter formerly agreed on at this Board, H.M. has been pleased to declare her gracious inclination to cause the same to pass under the Great Seale of England. And whereas H.M. has referred the consideration of this whole matter, and the dispatch thereof to their Lordships, you are desired to acquaint the gentlemen concerned that their attendance is expected accordingly at this Board to-morrow morning at ten of the clock. [C.O. 5, 911. pp. 113, 114.]
Aug. 4.
993. Col. Quary to the Council of Trade and Plantations. I have writ to your honours by five several ways, since wch. I have recd. yours of March 18, with a copy of a clause in the Act of Parliment to prevent fraudes in the importation of tobacco in bulke from the Plantations. I have taken effectual care to observe your Honours' instructions, which I am sure will answer the end, the methods I have taken to secure this poynt is this: I have ordered the several Collectors in this Bay not to permit any tobacco to be putt on board of any ship but what is done in their view, and that they give no cockett for more tobacco in any vessel then they themselves saw shipped; this makes some of the officers uneasy. But there is a necessity for it, and they must comply, or I must complain to your Honours. The former practice was for the Masters to make an entry of what they thought fit according to wch. the Collectors gave them their clearing and certificate when they were not halfe loaden, and then went downe the Bay, and took in what they pleased. I have lately received a letter from Governor Nicholson, wherein he presses my hastening to Virginia in order to H.M. service and the due observation of your Honours' Instructions. He proposes my inspecting the several officers on some special occasion. I am on my progress thither, and will visit all the officers in Maryland as I goe. I have long since fully considered that clause of the Act concerning bulke tobacco, and never could see how any one end proposed could be answered, as the several Collectors and Naval officers of Virginia and Maryland were suffered to manage themselves. I am very confident that no officer ever saw or knew what was shipped in either ship or vessell, but they take the report of the Masters and certify accordingly, wch. gives all the opportunity imaginable to carry what Bulk Tobacco they please; their binding staves about it and calling it cases is only to evade the Act and secure themselves in England for they are under no apprehension of danger in America by incurring the penalty of the Act since the officers never see wt. is shipped. Accordingly this gives encouragement for running tobacco as much as ever. There are but two ways to secure the Trade:—that there be a certaine fixt place or port in each river, were all ships shall be obliged to load, and that the respective officer of that river be obliged to view and take an exact account of wt. tobacco is putt in each ship. This will not only secure the poynt that the package be according to the intention of the Act, but will prevent the shipping tobacco in bulke. Besides I cannot see any great difficulty if the Officer be obleiged to take the weight of each hhd. or case, wch. will have this verry good effect, that every ship's entry will be just, exact and true, so that your Honours may with ease finde by wt. they enter and deliver in England, wether they have abused H.M. or not, for the allowance of waste and shrinking may verry well be computed. I am senceable your Honours have had under your consideration for sometime the appointing ports in each river. But the difficulty of getting an Act past for it in Virginia and Maryland hath hitherto put a stop to that worke. Give me leave to assure your Honours that if it cannot be done without an Act past here, it never will be done, for the Assembly consists of the Tradeing men in each river. These Gentlemen preferr their own interest and conveniency before that of H.M. or the publick good of the Province, for tho' they know and are satisfy'd that it woulde be more for a publick good to have a fixt port in each river, yett unless each man's own plantation be appointed that place, they never will agree that it shall be anywhere else, and so it never must be by their consent. With humble submission, I propose that this matter may with ease be efected by a short Act of Parliament in England. But since this must be a worke of some time, I will in the second place propose as an efectuall meanes to answer the end, that the officers be obliged to take a little more pains and care then they have hitherto done; that the Naval Officer do also his part so as to divide the worke between them, and wt. cannot with conveniency be done by them, I propose that waiters be appointed to performe the duty. These men may be had on very easy terms, since the business will not require above three months time in the yeare. The charge cannot be much, and will save H.M. very considerably in her revenue, efectually answer the end of the Act and prevent those many troublesome suits of Law, and save your Honours the many complaints that are now made to you. I am now hastening to Governor Nicholson, and doubt not but that we shall conclude on some further measures on this subject, his great zeale for the Queen's service and long experience will finde out some further ways and means etc. I hope quickly to receive your Honours' instructions and fuller power to act and also an answer to my several letters from Pensylvania. Signed, Robt. Quary. Endorsed, Recd. Dec. 9, 1703, Read Feb. 16, 170¾. Addressed. Copy. 2¼ pp. Enclosed,
993. i. Abstract of preceding. [C.O. 5, 1262. Nos. 48, 48.i.; and (without abstract) 5, 1290. pp. 426–431.]
Aug. 4. 994. Minutes of Council of Barbados. Thomas Maxwell was sworn a Member of Council.
Patrick Mein was granted leave to go to England.
Thomas Reynoldson was paid 60l. towards his charge in the maintenance of several French prisoners. [C.O. 31, 8. pp. 59, 60.]
Aug. 4. 995. Minutes of Council of Jamaica. Letter from Commodore Douglas, Aug. 3, read in answer to letter of July 31. "I think the request made to Capt. Wavell very modest and absolutely necessary. As to the breizes and sicknesse of both Masters and their men, I am verry sensible of it to be true, for I have been obliged to lend to some of them my men to their assistance to get them ready for this convoy: as to the said Capt. being not compos mentis, wch. I am verry apt to believe is true not onely by his ill treatment to those worthy gentlemen in his scandalous letter to them, but also in his dayly actions, wch. is soe ridiculous that I an ashamed for my part that any Gentleman that weareth H.M. Commission should have so little regard to himself and the service etc. As to turning him out, 'tis not in my power, as both ships being independent of my squadron and under sailing orders before I took place etc. If he will not stay for these merchants ships, with the consent of the Governor whose orders I am obliged to observe, I will see these ships through the Windward Passage, for it will be about the 20th of this month before the ships of the quadron that is here will be ready." [C.O. 140, 6. pp. 165–167.]
Aug. 5. 996. Governor Dudley to the Council of Trade and Plantations. By a vessel from Topsham which came out May 3, I have account of the losse of all my letters and papers that went by Captain Thomas, who sayled Dec. 10, also what I sent by Captain Easty, Feb. 1, and what I sent by way of Leerpool, Aprill 2, were taken upon this coast going off, which makes me perfectly behind hand in all my Addresses, and Representations to your Lordships, copies whereof I shall send by this and the next conveyance. My last letters were of June 5 by Captain Terrisse which I hope are arrived, since which I have been eastward along the coast in the Province of Mayne, and at Casco-Bay met all the Sachims of Penobscot, and the three Tribes under Moxus, and Adiawando, and with a great deal of attendance which their sullen temper demands, and cost of presents and expences upon them, to the value of 400l. or 500l., concluded a better friendship with them than at any other meeting, their Friars not daring to be seen for fear I should have seized them, left them in a better and more treatable temper, and since that they have advised me by Messengers of the march of 200 French Indians, and about thirty Frenchmen from Quebeck, which has occasion'd me to send out 200 men of the best of our quarter part of the Militia, who have been ten months detached by vertue of an Act of the Assembly, who are in four Companies upon the frontiers at 20 miles distance from each other, and interchange ground every two days, that the enemy may not come within them, and it is now the time of their plenty of venison and green corn, which will last them two months, during which time we must be carefull of them to prevent what is possible, tho' a security upon our frontier of 200 miles is not to be made with the force this Province is able to support. In my return from the Eastward, I held the Generall Assembly of the Province of New Hampshire, who have very cheerfully continued the duties upon timber and boards exported, and have enforced it with good clauses for the collection thereof, which I hope will be acceptable to H.M., it being the only method that they have here for the support of the Government and their defence, though it is very greivous to the Massachusetts Province, and of which they complain, but I am humbly of opinion without cause, every Province being the proper judges of the best method for their own support. I then obeyed your Lordships in hearing the suspension of Mr. George Jeffrys, and acquainted the LieutenantGovernour Partridge of his neglect in not offering your Lordships the reasons and account thereof. I am humbly of opinion that Mr. Jeffrys was very faulty in that oath mentioned in the Record, though a great time is elapsed, and it might have been forgotten, and I also think that he is very faulty in labouring to defend the cotton wool, and to represent the Acts of Parliament hard upon the Plantations to disorder the inhabitants here, which ought by all means to be steadied, especially by Gentlemen of the Councill, and this he palliates in his answer altogether. I shall do as your Lordships shall command, but I doubt if he be restored, the Lieutenant Governour and he will very difficultly serve H.M. together, and I think there is no comparison between their powers and inclinations for the service, Mr. Partridge having been very sincere and industrious to my observation in everything that imports H.M. service since my arrivall, however it was before. I have no persons to offer to your Lordships, according to my Instructions, for the supply of the Councill but Richard Waldron and Major Joseph Smith, whom I humbly offer in the room of Mr. Fryer and Mr. Wier, who are superannuated. The Assembly of this Province was adjourned during my absence at the Eastward, and at my return sat again and were prorogued two daies since to Michaelmasse, their usuall time. They have granted to H.M. a tax of 11,500l., the last year's Excise, and a little addition to the impost, for the payment of their debts to the Castle, to forces and garrisons, and ships taken up at severall times for the service, but will neither settle any salarys for the Governour or others of the Civill List here, so as to support either the Governour, Lieutenant Governour, Secretary, Judges or other Officers, which will discourage the best men in this Province from sustaining Offices here. I humbly thank your Lordships' favourable intention to offer that matter of a salary to H.M. gracious consideration, and am of opinion if H.M. commands were given therein, it would take away a great deal of inconvenience, that the Governour here will labour under till it be determined, here are but few persons fit to sustain the office of Judges, and I can hardly keep them that are upon the Bench for want of a support, if it were but 150l. for the Cheif Justice, and 100l. for the other four, it would be acceptable to them, they have not present but 50l. each. The Representatives have shewed their ill inclination in the Article of the Assistance of New York, after several Conferences they have absolutely refused to give their usuall vote, which they have done annually these fifteen years, that the Governour with the advice of the Councill, (in the absence of the Generall Assembly) should send Forces thither, there may be at some time reason why such a thing should not be done, when the Hazard here is greater than there, but the Governour and Councill ought alwayes to be judges of that necessity, but nothing that could be offered would prevaile with them, and truly my Lords so it is, that the best men in the several parts are left out of the Councill, and the meanest men in the towns are sent to represent them, who will take care by their obstinacy to recommend themselvs to the People that they may be Electors of the Councill at the season of it, which cannot be avoided, till H.M. name her own Councill here as elsewhere, however I shall do my duty to my Lord Cornbury in obedience to H.M. as I ought. My Lords there is no ship of H.M. here but the Gosport, who is also commanded hence, and must have been gone long since but that the order came by way of Jamaica, and arrived here but thirty daies since, when the friggot was absent upon a cruise, and is but returned a few days, and now has not men sufficient to bring her home, untill our ships from Europe shall arrive, and then the Province will be absolutely without any security, either of the trade or against an enemy. The Castle of this place is not yet finished, though we have fifty men every day upon the work, which has retarded Collonel Romer the Engineer going to Pascataqua to begin that work, where there is 500l. ready to begin with, the Act for it is lost with my other papers. I humbly acknowledge the receipt of your Lordships' letters of Jan. 21, H.M. allowance of the 250l., at New Hampshire and pray the same favour for the 500l. offer'd me by the Massachusetts Assembly, which is less than ever they gave before, and having no salary here I have spent it twice, in a table, servants and horses here, and am also in advance as much as it amounts to for the fitting out the two Companies sent to Jamaica, which I hope my Lord Nottingham will obtain that I may be paid, having humbly written to him therein, since which I have had no commands. Signed, J. Dudley. P.S.—In the ships at first mentioned, I have lost all the Acts of Assembly of Piscataqua and Minutes of Councill, the copy of the 550l. Act your Lordships commanded me so particularly to send, which I have again ordered to be drawn out, and the new Act of 500l. for the repair of the Castle. Aug. 10.—Yesterday I had the honour of your Lordships' letters by way of York, of Aprill 20, with H.M. commands for both the Provinces, of which I humbly acknowledge the receipt, and shall take care to do my duty in the several Articles, and shall instantly acquaint the surveyor that there is no relaxation in the measure of timber, and pray your Lordships to beleive there has been none yet tho' desired by the people. (Holograph.) Endorsed, Recd. Nov. 20, 1703. Read Jan. 7, 170¾. 5 pp. Enclosed,
996. i. Abstract of preceding. 4 pp.
996. ii. Copy of Minutes of Council of New Hampshire, July 2, 1703. The hearing of the suspension of George Jeffrey by the Governour's appointment came on. He had been summoned to attend. The Lieut.-Governor (Partridge) acquainted the Governor and Council that he had received some time before the Governor's arrival letters from the Lords Justices, July 25, 1699, commanding his strict care of the Acts of Trade etc., which was read. He then desired that Mr. Sampson Sheafe should be examined, who gave oath that George Jeffreys discoursing with him about the seizure of some of the enumerated commodities imported contrary to the Acts of Trade, Mr. Jeffreys told him that the Acts of Trade were not intended against coasters in the Plantations, and that he would defend that opinion, and particularly in the seizure of 4 baggs of cotton wool imported into this Government contrary to the Act of Parliament, the said Jeffreys was present in Court and privately whispered the Attorney to direct him, which hapned sometime before the Governour's arrival, and since at the Court of Admiralty accepted to be an Attorney in that case to plead against the Crown, being otherwise a merchant and not known to practice the Law. Mr. Secretary Story then informed the Governour and Council that he was imployed in the pleadings of the case of the cotton wool at the Inferior Court on H.M. behalf and afterwards in the Court of Admiralty was present and saw Mr. Jeffreys appear as Attorney for the claimer. Richard Jose, High Sheriffe, said that he was also present then. The Lieut.-Governour then alleadged that Mr. Jeffreys had been for 20 years in an illegal trade at several times, and brought in the Records of the Courts, that judgment was given against him in 1682; the Record contains 45 pages, wherein there is a challenge also of a false oath given by the said Jeffreys too long to transcribe. The Lieut.-Governour also said that the Secretary at several times for some years past has frequently informed himselfe in Council that Mr. Jeffreys has defamed him, and said he had ruled arbitrarily and ill managed the affaires to the great defamation and hurt of the Government in his hands, upon all which he thought it not possible for him to proceed well with him in the management of H.M. affaires.
Mr. Hinkes, of H.M. Council, then informed that some time since about a year before the said suspension Mr. Secretary Story reported in Council that Mr. Jeffrey had spoken very unbecommingly of the LieutenantGovernour, as using an arbitrary power; the Council being sensible of the inconvenience of such discourses of the Lieut-Governour, moved Mr. Hinkes and Capt. Gerrish, one other member of the Council, to treat Mr. Jeffrey of that matter, which they then did, and reported itt to the Council that Mr. Jeffreys denyed it, altho' the Secretary instantly insisted upon it, and now says that which he then informed was true. 3 pp.
996. iii. George Jaffrey his answer to the reasons of his suspension, exhibited in Council, July 2, 1703. I gave my opinion as a private person to Mr. Sheafe that the claimer ought to have the wool in accordance with the judgment of the Court of Appeal, Feb. 1701. My appearing at the Court of Admiralty cannot be the reason of my suspension, which took place Aug., 1702, and the Court of Admiralty was held six months after. It is true that I was occasionally at that Court of Admiralty when the claimer of the cotton wool, being a woman and having no attorney, did importune me to say that the wool had been tried at the Courts of Common Pleas etc. I never pleaded otherwayes than as Amicus Curiæ, but if I had, there are presidents in New England of Councellors pleading at the barr, yet never any before suspended for that crime. As to my being an illegal trader and the records brought to prove it, I never before heard of any judgment or record of Court against me, nor can any such legally attested be found. All that can be pretended was that Mr. Randolph did about 1682 exhibit complaint against a ketch, the master whereof was recommended to me for advice, and upon trial the ketch was cleared by the jury, which offended Governor Cranfeild so that the same jury to apease his displeasure did sundry days after bring in another verdict after said vessel was gone. And I being called before Governor Cranfeild did affirm that I did not send said vessel away, nor had any authority so to doe, being not so much concerned as to draw Commissions as Factor, nor had any part of said ketch nor lading. In any case Mr. Partridge was not then Lieut-Governor nor I of the Council. I have since that time had the honour to serve the Crown in sundry places of trust and never any male-administration alleadged against me. As to Mr. Storey's information that I defamed the Governor, two of the Council were then sent to discourse me, to whom I did give such ample satisfaction that I heard no more of it. The truth of the matter was this. Mr. Partridge, some others and myself were owners of the Portsmouth, whereof Mark Hanking was Commander and part owner, who wanted a cable for her, which Mr. Partridge profered to supply at a certain price. The master said he could buy a more suteable one for less. Mr. Partridge told him he should take his and ordered the sailors to carry it on board, which when I understood, might say was arbitrary. Signed, Geo. Jaffrey. 3 pp. etc.
996. iv. Mr. Partridge's Reply to preceding. July 22, 1703. Portsmouth. Mr. Jeffries has practised false swearings and lyings so long that he now dares to wright positive falsehoods to your Excellency. For instance, in the affidavit taken before Governor Cranfield Dec. 20, 1682 (quoted) he swore that "he was concerned in the ketch and cargo as far as she was laded," and affirms to your Excellency that he was not. In the same affidavit he swore that he knew nothing of her going out of the Piscataqua, but he hath acknowledged that was false publickly in the Church. I think further answer needless. Signed, Wm. Partridge. Holograph. 1¼ pp.
996. v. Sampson Sheafe to Governor Dudley. In reply to the Memorial of Richard Wibird and Shadrach Walton. (No. 85.) It is a strange mistake to assert that they in Sept., 1701, bought of David Jefferies at Boston four bags of cotton wool which had been lately imported, for it was imported into this Province Aug. 10, 1701, and seized by the officer here for having not given bond as the Act requires, so that that assertion is false, or the claimer bought the same after it was seized for illegal importation. It is notoriously false that upon the importation of the four bags of cotton wool the Deputy Collector at Boston gave a certificate under his hand that the same were lawfully imported, for it was imported Aug. 10, 1701, into this Province, and then seized and the certificate was procured Aug. 25, 1701, designedly to illude the Court and Jury, as will appear by the copy of the certificate enclosed. Boston indeed is part of New England, but a distinct Government as much as Barbadoes. It is true the said ship and her loading was seized by Sampson Sheafe for not having given bond as the Act requires, and that the said wool, as the Act directs, was at an Inferior Court confiscated to H.M., and notwithstanding the said certificate, justly, for it was procured after the seizure, and no bond given for landing the same in England or H.M. Plantations. It is true Wibird etc. brought their appeal to the Superior Court held in this Province, Feb. 10, 1701, and that there the Collector of this Province produced another certificate from the Deputy Collector of Boston, certifieing that in his certificate of Aug. 25 he did not certifie that said wool was lawfully exported from Boston, nor would be so understood, for that it was never entered at the Custom House, nor bond given as the Act requires, notwithstanding which certificate the judgment of the Inferior Court was reversed, and a writ of restitution of the said goods ordered and made out, and upon refusall or [?of] delivery to take Sheafe in close custody, by vertue whereof one James Levitt, a pretended Sheriffe, did seize the said Deputy Collector, who thereupon complained to the Lieut.-Governor, who did demand to see the Deputation of said underSheriffe, but it appeared he was neither Deputy nor sworn, whereupon he was threatned by the Lieut.Governor to be sent to prison, and he told me I had my remedy against him for false imprisonment. It is a maliciously invented falsehood that the Deputy Collector discharged one penny worth of goods, that he either found or seized. The Court and Jury did discharge indeed some provisions that were on board, but the officer discharged none. The Deputy Collector is not, nor never was under the influence of the Lieut.-Governour upon accot. of debt. The latter had security for what the Deputy Collector owed him; he had no reason to be influenced thereby, nor was it of any the least consideration with him. If the cotton wool under seizure should be upon this complaint delivered to the claimer, it will remain here upon a record as a president that all persons have liberty to import or export any of the enumerated commodities without giving bond, and so may be at liberty to go to any foreign market in Europe without going to England, Wales or Berwick. And it will be folly for any officer here to pretend to prevent or hinder that which may be committed against H.M. service in the concernment of trade, but let every one trade as they will, and then all will be pleased here. There hath been one verdict for H.M. and another per contra, the last thro' mistake, the jury being imposed upon by the claimer's plea that the Massachusetts and this Province were one Government, tho' so far from it, this is held by Commission from H.M., the other per charter; were also told that the Province Law for impost admitted wool of all sorts to be brought in free, and that the Act of Parliament to the contrary signified nothing here, and that the first certificate produced was of force, the other not. It hath cost the officer here above 18l. already in prosecution, the wool not worth much above 20l.; this charge hath the claimer put the officer to, besides his being in custody, which he desires your Excellency to represent to their Lordships. It is evident the design of this complaint is to procure a gap to be opened to the breach of all the Acts of Trade, and no Court or Jury will ever pretend, especially Juries, to confiscate any vessel, or her lading, let the Acts be never so plainly broke.
I have been highly blamed in Mountss business for not admitting any goods, Dutch or French, to be imported here from Jersey upon certificate of a Surveyor there, one Hughs, whither a Surveyor of Land or High Wayes or how otherwise I could never yett learn. I presume to remind your Excellency of the great necessity of a bridge over the Narrow Passage; it will be much for H.M. service, both as it will be a way for the country to come into H.M. Fort in case an enemy should, as it is feared they may, attempt to invade this Province as also it will be a meanes to prevent in great measure the running of uncustomed goods, wch. according to the general discourse is much practised. Signed, Sampson Sheafe, Dy. Collector. Holograph. 3 pp.
996. vi. Memorandum of Minutes of Council of New Hampshire, Oct. 28, 1702-April 2, 1703. ½ p.
996. vii. Memorandum of Minutes of Council in Assembly of New Hampshire, Jan. 12, 1702/3-April 13, 1703. ½ p.
996. viii. Memorandum of an Act of New Hampshire for continuing several rates and duties of impost, tunnage etc. for one year. ½ p. [C.O. 5, 863. Nos. 46, 46.i–viii.; and (without enclosures) 5, 911. pp. 177–188.]
Aug. 5.
New York.
997. Lord Cornbury to the Council of Trade and Plantations. I trouble your Lordships with these few lines only to acquaint you that on Thursday July 29 Mr. Byerly, Mr. Clark and Captain Matthews arrived here from Virginia, by whom I received the Commissions H.M. has been pleased to honour me with; and also H.M. Instructions, which I shall take care punctually to observe; they have likewise delivered me several packets from your Lordships, to which I will return perticular answers as fast as the nature of things will permit; and I entreat you to believe that I shall always exactly observe your Lordships' directions in all things; by the Virginia convoy, which will saile in six weeks, I shall give you accounts at large of most matters relating to these parts. Signed, Cornbury. Endorsed, Recd. Read Nov. 19, 1703. Holograph. 1 p. [C.O. 5, 1048. No. 654; and 5, 1120. pp. 25, 26.]
Aug. 5. 998. Journal of Assembly of Jamaica. Bill for the better Government of servants read the first time.
Resolved that no member go out of the House without leave of the Speaker under the penalty of tenn shillings.
A message by the Clerk of the Council, that the Governor required the copy of the minutes of the House to this day.
Upon debate whether the Additional Duty Bill should be read the third time in the afternoon, carried in the affirmative. When the House met in the afternoon, upon debate whether the Bill should be read now or at another time, severall of the members departed the House without leave and in a contemptuous manner, whereupon the question was put, whether they should be taken into custody or not. Carryed in the affirmative. Charles Long, John Peeke, John Blair, John Ayscough, Aldworth Elbridge, John Bonner, Henry Brabant and James Archbold were accordingly ordered to be taken into custody by the Speaker's warrant. The Messenger answered that the Gentlemen named in the warrant were just by under the shedd and refused to submit to the warrant, and said they were not a House and could not send a warrant.
Aug. 6. The Messenger reported that they had submitted to the warrant and were in his custody. Resolved, that they be sent for one at a time and demanded by the Speaker, why they had departed the House in such a contemptuous manner, to the great disservice of the Queen and country, and the hindrance of the public good, contrary to their known duty, and the settled rules of the House, and who advised them so to do. In reply Dr. John Bonner said that he did not go out of the House in a contemptuous manner, but if he did go out, and thereby had broken the rules, he was to pay 10s.; that nobody advised him to it, and the House had broke their own rules in not reading the Bill when it was agreed to be read, and he did not know any business he had here when he could not serve the Queen nor the country, but that he should have come into the House, if he had been sent for. Aldworth Elbridge replied that nobody advised him to it, that he did not go out contemptuously or with designe to affront the Speaker or the House, but he went out, the House being in a hot debate. Capt. James Archbold replied that there was such indecencies that he went out to keep the rules of the House. Capt. Charles Long replied that he saw there was no rule or order kept in the House and therefore thought fit to withdraw. Dr. John Blair answered that his own reason advised him, for the House was in a hott debate and he went out to drink a glass of wine. John Peeke replied that he always paid a great respect to the Chair, but the Chair has charged me with those very things of breaking the rules it was guilty of itself, especially in passing the Bill for the Additional Duty etc. Henry Brabant would only answer that he did not go out of the House in any contempt. John Ayscough replied that he never did anything in contempt of the House, but there was no rule nor order kept, and therefore I went out of the House as the best way to rectifie it. Consideration of their answers adjourned till to-morrow morning. Ordered that the absent Members be sent for to attend the House upon urgent occassions by 8 a.m. to-morrow by a letter from the Clerk.
The House met and adjourned till Monday. [C.O. 140, 7. pp. 87–90.]
Aug. 5.
999. Minutes of Council of the Massachusetts Bay. Account for refitting the Province galley last spring committed.
Thomas Brattle declining further intermedling in the laying out of the grant for the fortifications on Castle Island, ordered that Col. Romer have the care of doing so, and that the Treasurer pay him 100l. on account.
45s. 4d. paid to Col. Charles Hobby for subsisting of souldiers raised out of the Regiment of Militia under his command for enforcing the garrison at the Castle, and charge of transporting them thither.
23l. 6s. paid to Daniel Willard, Keeper of H.M. gaol in Boston, for keeping French prisoners of war, Feb. 22, 1702-May 13.
468l. 4s. 2d. and 218l. 9s. 6d. paid to Thomas Povey, Commander of the Castle, for wages due to the garrison.
10l. 7s. 8d. paid to Capt. Cyprian Southack on account of the garrison at Cascobay in 1701.
H.E. nominated David Phippen J.P. within the County of Yorke. The Council consented.
H.E. nominated John Everett to have the rule and government of the Indians of the several Plantations within the late Colony of the Massachusetts Bay. The Council consented.
Various salaries and accounts paid as granted by the General Assembly. [C.O. 5, 789. pp. 522–525.]