America and West Indies: August 1703, 11-20

Pages 639-650

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, 11-20

Aug. 11. 1024. Journal of Assembly of Jamaica. The Messenger reported that he had shown the Gentlemen in his custody the order of Aug. 11, and they said they would go to their chambers by and by. The House being informed by several of the members that Mr. Ayscough had said his Chamber was at several places and everywhere, in a slighting and disrespectful manner, and continued to go abroad notwithstanding the order. Resolved, that he be confined at the Messenger's house presently. The Messenger inform'd the House that he shewed Mr. Ayscough the order and he refused to submitt to it, saying he would not go with him without he carryed him on his back. The Messenger pursuant to order went to him a second time, and returning acquainted the Speaker that Mr. Ayscough again refused, saying his case was the same with the rest of the Gentlemen, and he would suffer the same as they did, and laying his hand on his sword, bid the Messenger stand off at his perill, for he would not be taken. The Messenger having been with Mr. Ayscough the third time, reported there was Dr. John Blair and Mr. Archbold with him, and Dr. Blair said that all the Marshalls in the Island should not carry him away, and thereupon Capt. Archbold said, bid the Speaker come for him himself.
Aug. 12. Resolved, that Dr. Blair be confined to the Messenger's house. The Messenger reported that Dr. Blair said he had a house and a chamber as well as any man in the House, and would not obey the order, and bid him be sure to stand of and not come near him.
Resolved, that Capt. Archbold be confined to the Messenger's house.
Aug. 13. The Messenger reported that Capt. Archbold refused to obey, saying he would not be taken by anybody, nor confined to any place whatsoever.
The House being informed that Aldworth Elbridge, contrary to the order of the House, walkt publicly abroad, ordered that he be confined to the Messenger's house. The Messenger reported that Mr. Elbridge had replied "Give my service to the House, and tell 'em as soon as I have dined I'le go to my chamber," and the Messenger replied, "Your chamber is my house."
For the same reason, Henry Brabant, Dr. John Bonner and Capt. Charles Long were ordered to be confined to the Messenger's house. Mr. Brabant first sent a letter to the House and then said he would go to his own chamber immediately, Dr. Bonner said he would go to his own chamber as soon as he had dined, and Capt. Long said he walkt abroad for his health and would not be confined. John Peeke having absented himself from the custody of the Messenger, Ordered that the Messenger have him in custody at his house in town Tuesday morning next.
Aug. 14. The House met and adjourned till Monday, 16th. [C.O. 140, 7. pp. 91–93.]
Aug. 11.
Council Chamber, Boston.
1025. Minutes of Council of the Massachusetts Bay. H.E. communicated to the Council several letters from Whitehall, lately received by way of Virginia, viz. two from Lord Nottingham, Feb. 25 and March 20, one from the Council of Trade and Plantations, April 20; one from William Blathwayt, April 8, by command of the Lord High Treasurer, to demand payment of the arrears of 7 beaver skins, payable yearly, for the lands of Mounthope Neck, and a Representation made by the Council of Trade and Plantations to H.M. upon the fortifications within this Province.
H.E. communicated to the Council a letter expressed to him from Blackpoint, intimating that Mr. John Croad, on the fifth currant, being at Wineganse, about 20 mile from Casco Fort, was informed by Moxis the Sagamore, and Bomazeen, that Sir Obin, a Frenchman, with two Friers and several Indians from Pigwocket and Pennicooke were there, and expected a party of Indians from Cannada to joyne them, and that they advised him to haste away for his own safety.
A representation from Mr. David Jenner and Capt. Ballantine on behalf of themselves and several of the neighbourhood, relating to the drawbridge in Boston, was presented. Ordered that there be a hearing of that matter the next Council day, and that the Select men of Boston be notified thereof and then to attend.
Licence granted to Benjamin Gallop to erect a timber building for a kitchen in addition to the north-west side of his house at the North end of Boston situate between the houses of Joseph Gallop and Benjamin Bream.
Advised, that the garrison at Saco and Casco be not at present reformed by drawing off any men from thence.
An express from Wells brought intelligence that yesterday an attack was made by the French and Indians upon the out parts of that town, and that several familys were cut off, but intimated neither the number of the enemy, nor the particulars of the mischief done there.
H.E. directed the Lieut. Governor forthwith to repair to Piscataqua, and with the advice of the Gentlemen of the Government there, to take care for the improvement of the forces posted at Wells and Newichewannock etc. as occasion shall offer, for the defence of H.M. subjects, and repelling of the enemy. 10l. advanced to him for the support of himself and guard on the journey to Piscataqua.
Aug. 12. H.E. communicated to the Council the further intelligence expressed to him of the insults made by the Indians at Spurwinke and Winter Harbour on the same day with that done at Wells, and intimated that he had ordered the levying of 150 soldiers out of the several regiments of militia in the countys of Suffolk, Plymouth, Barnstable and Bristol. He also communicated his letter written to the Governor and Council of the Colony of Rhode Island, for the assistance of a foot company of 50 men upon this occasion.
42l. paid to John Gyles of the garrison of H.M. Fort at Casco Bay for piloting some Indians westward and as Interpreter.
Aug. 13. H.E. communicated to the Council the intelligence from Wells expressed to him the last night of the impressions made upon that place by the French and Indians, and also on the parts further east, and the report of fireings at Casco Bay. Whereupon H.E. dispatcht Orders to Col. Peirce to order Capt. Somersby with one half of his troop with long arms, and Capt. Wadleigh with one half of his company of dragoons, forthwith to march to Wells for their relief, and to cause them to be immediately followed with a foot company of 100 men, under proper officers, to be drawn out of his regiment; and also dispatched away the Province galley to visit and releive Casco Bay, and the other fortifications eastward.
200l. paid to Thomas Brattle for the fortifications on Castle Island.
5l. paid to Col. Charles Hobby for the expense of himself and guard attending him in a journey for H.M. especial service to visit the frontiers within the County of Middlesex with H.E.'s Instructions for putting them into a position of defence against the enemy. [C.O. 5, 789. pp. 526–529.]
Aug. 12.
1026. Sir Stephen Fox to Mr. Popple. Desiring him to lay before the Council of Trade and Plantations his recommendation of Capt. Tho. Morris to be a Member of the Council of Antegoa. Signed, Ste. Fox. Endorsed, Recd. Read Aug. 13, 1703. Addressed. Sealed. 1 p. Enclosed,
1026. i. Capt. Thomas Morris' Petition for a Commission to be one of H.M. Council at Antegoa. In the first year of King William III, Tho. Morris of Antegoa went Lieut. to Capt. Robt. Cardine to take Marigallant, one of the French Islands; he then went a volunteer under his (late) Excellency, Christopher Codrington, to take St. Christophers etc., and then he went Lieut. to a privateer and cruised 4 months. After that, Commodore Willmot went with a fleet to Pettiguaves; he was then a volunteer on board H.M.S. Terrible, and was at Transwal, where he landed with the marriners, and was shot thro' the thigh and taken prisoner till exchanged. Then he bought a vessel and the Governor of Jamiaca, Sir Wm. Beeston, gave him a Commission to go with a truce to Pettiguaves, from thence he went to Antegua and that Government sent him with a truce to Martineco, where he was detained till he had paid 400l. because the English prisoners went away with a French ship. All these services he performed at his own charges. 1p. [C.O. 152, 5. Nos. 34. 34.i.]
Aug. 12.
Hampton Court.
1027. Order of Queen in Council. Repealing the Act of Nevis for the better securing land etc. in pursuance of Representation of Aug. 6. q.v. Signed, John Povey. Endorsed, Recd. Aug. 25, Read Sept. 9, 1703. 1½ pp. [C.O. 152, 5. No. 35; and 153, 8. pp. 207, 208.]
Aug. 12.
Hampton Court.
1028. Order of Queen in Council. Further ordering, in pursuance of preceding, that the Council of Trade and Plantations do signifie to the Governors of the Leeward Islands the reason of H.M. having disallowed the said Act. Signed, John Povey. Endorsed, Recd. Aug. 25, Read Sept. 9, 1703. ¾ p. [C.O. 152, 5. No. 36; and 153, 8. p. 209.]
Aug. 13.
1029. Journal of Council of Trade and Plantations. Letter from Lord Nottingham enclosing four letters from Col. Dudley and one from the Government of Rhode Island, to himself, together with several papers therein referred to, being all of them either duplicates or in substance the same as what have already been recd. here from those parts, were laid before the Board.
Mr. Attorney General's Report upon two Acts of New Hampshire read, and directions given for preparing a report that the said Acts may be repealed.
Letter from Sir Stephen Fox recommending Capt. Tho. Morris to be of H.M. Council of Antego read; ordered that his name be entered in the list of persons recommended for that service, that the same may be considered of in a proper occasion. [C.O. 391, 16. pp. 201, 202; and 391, 97. pp. 565, 566.]
Aug. 13. 1030. Minutes of Council of Barbados. Ordered that writs issue for choosing an Assembly, returnable on Aug. 31; the writs to be executed by the Rector of each parish, where any Member of Council happens to be sick.
Proclamation ordered for the securing of boats and better prevention of any persons running away with them in the night, pursuant to an Act of this Island.
Proclamation ordered commanding all persons that shall arrive here forthwith to repair to some J.P. before they be received in any house, and that no person receive them until they produce a certificate thereof. [C.O 31, 8. pp. 60–62.]
Aug. 13.
1031. Minutes of Council of Maryland. Letter from the Council of Trade and Plantations, April 20, read. The Board reply (1) that they have not heard any complaints of the delay of justice or partial proceedings in any of the Courts of this Province, but on the contrary are assured that all causes in the Provincial Court, especially and generally in the County Courts, are duly dispatched to the satisfaction of the inhabitants and others traders in this Province. However, this Board think fit [? order] the Justices of the Provincial and County Courts that they take especiall care impartially to administer Justice in their several Courts and that no causes be continued longer than the due course of practice admits, unless where very good and sufficient reasons are given therefore. (2) They conceive that the Act for recovery of small debts answers their Lordships' recommendation on that point. (3) Ordered that H.M. Secretary [? send] to their Lordships accordingly such abstract of the proceedings of the several Courts, and that the Commissary General and Clerk of the Council do the like in respect of their offices.
Letter from Lord Nottingham, March 20, read. The Board reply that they have no reason to believe any trade or correspondence with the French settlements practicable by any inhabitants or traders in this Province, against which Proclamation has already been issued, and all possible care will be used to prevent it.
In reply to Lord Nottingham's letter prohibiting any arms to be supplied to the French or Spaniards, the Board say that they are sencible they can have no such supply from this Province.
Letter from H.M. Commissioners of Customs read, desiring due care that no bulk tobacco be shipped out of this Province unless in chests and casques pursuant to the Act of Parliament made therefore. Ordered that the officers of Customs used their utmost circumspection accordingly.
Letter from Governor Blakiston to the President and Council, Feb. 10, 1702, read. As to that part relating to Joseph Holt, Rector of William and Mary parish, his ill behaviour to the great scandal of his function, Ordered that he be suspended until H.E. Col. John Seymour's arrival, and that he make application to H.E. to be restored as he shall think fit.
This Board taking especial notice of the great character Governor Blakiston gives of Col. Seymour, whom H.M. has been pleased to appoint Governor, very much rejoyces in the great expectation this Province may have under the Government of so worthy and noble a gentleman. That part of Col. Blakiston's letter desiring the General Assembly should meet between Oct. 25 and 28 next, being taken into consideration, resolved that that time also will be very convenient for assessing and defraying the public charge of the Province, and that due notice be given to the several Members of the Council and House of Delegates to convene themselves at the town and port of Annapolis Oct. 26.
This Board having [sic] a grateful sense of Governor Blakiston's careful and diligent endeavours to serve this Province in the affair of our land law. As to what he has been pleased to communicate to the Board concerning the Revenue allotted to H.M. Governor here, the said honble. President does acknowledge that he was misinformed by Mr. Randolph and others, but that he is well satisfyed with the moyety as it was settled here by H.E., and will write to him.
The President will give notice that the several Collectors and Naval Officers clear all such ships as can be got ready to join the present convoy at Kiquotan, but none after the departure of that convoy without further orders.
Upon application of Sir Thomas Bart., that whereas Mr. Jacob Lookerman junr's. Sheriff's bond for Dorchester Co. had been ordered to William Bladen etc., who had prosecuted it to judgment, he also having a clayme against the said Sheriff, prayed leave that he might apply to the Provincial Court upon that bond and judgment, which is granted. [C.O. 5, 745. pp. 34–37.]
Aug. 14. 1032. Deputation from Governor Col. William Thomas to be the especial Commissioner, intended by an Act past at St. Johns, Aug. 14, 1703, to represent the state of the Leeward Islands. Signed, Chr. Codrington. Endorsed, Recd. Read Nov. 16, 1703. 1 p. [C.O. 152, 5. No. 37.]
Aug. 14.
1033. Col. Quary to the Council of Trade and Plantations. Since my last, Lord Cornbury's Commission for the Government of the Jerseys is arrived, which he published att Amboy the 11th inst., and on the 14th it was published att Burlington, were he was mett with neere 400 horse, each party striving to outvie each other in their respects to my Lord. The Council sate about six days, in which time H.E. settled all the Courts of Judicature, the Sherreifs of each County, all the Justices and other inferior officers. All which his Lordship hath done to the generall satisfaction of all partys, by mixing them so equally that he left no roome for murmure. H.E. hath allso issued out writts for the electing a new Assembly, who are to sett the beginning of November next. This affair is attended with great difficulty both in respect of the qualifications of the persons to be elected and those that are to elect, as allso the manner of the election. H.M. Instruction requires that every person chosen a member of the Assembly must be possest of 1,000 acres of land in his own right, and that no person shall have a vote that hath not 100 acres of land. This Instruction was contrived by the Scotch of East Jersey for att least three yeares past, since which time they have been buying up land to quallify themselves and to exclude all others from having a share in the Government for want of such a quantity of land. This project wanted not for encouragement from the Proprietors, since it was so much for their interest to sell their land and make it valluable. I can assure your Lordships that in some Countys there is scarce a man that hath 1,000 acres of land, people formerly not coveting great tracts of land, but had respect to neighbourhood, the settlement of the country and their security, so that very few exceeded from 300 acres to 800 acres, and yett these men's improvements and stock may be ten times more valuable then those that have great tracts of land, and far better qualified in all respects, and yett they are rendred incapable by this Instruction to serve H.M. or the countrey, which makes them very uneasy; they call it a Scotch trick which they hope your Lordships will please to remedy. The next difficulty is in the manner of choosing. The Instruction appoints that 10 Assembly men be chosen out of each devision, without any respect to the Countys. H.E. hath appointed the center of each division to be the place of election, wch. is the most equitable way that coulde be thought on, and yett many men must goe neere 80 miles to the center and be forced to lay in the woods when they come for want of accommodation, which will discourage most people from going, and in case a poll be demanded, there will be an absolute necessity of adjourning from county to county through the whole division, which will make it very burthensome and uneasey, whereas if each division were divided into five countys (wch. may be done with ease), and each county to choose two Assembly men, it would be a very great ease and satisfaction to ye countrey. My Lord hath also settled the Militia throughout the whole Province in verry good handes, so that I hope in a little time to see a good boddy of men well regulated, which is a happyness that this countrey never yett sawe, and whereas your Lordships have been informed that there are not men enough in the province besides Quakers to support the Government and supply the several offices, H.E. will assure your Lordships the contrary, nothing could have been carried on with more smoothness and indifferency to both partys then my Lord hath done, by which he will have the advantage of treying both partys, and so will quickly see wch. party will best answer the ends of Government by settling a revenue to support it, and other necessary matters, which of them doth most efectually answer this ought to be encouraged without respect either to religion or other circumstances, wch. is the rule I am very well assured H.E. will govern himself by. My Lord hath obliged me to attende him att the sitting of the Assembly, which I resolve God willing to do, and in order to it am hastening to Maryland and Virginia to pursue the honble. the Comissioners of the Customs Instructions about regulating the abuses in the Act to prevente the importation of bulke tobacco. H.E. Governor Nicholson presses my hastening to Virginia, in order to H.M. services, from whence your Lordships shall receive the state of those Provinces by the fleete that are to sayle from thence the latter end of next month. I am obliged to minde your Lordships that what I have proposed in my last is matter of great moment, especially what relates to the security of the American trade and distressing the French for provisions, also what concerns the security of the Leeward Islands, and the open Trade of the Dutch from Curesaw with the Spanyard, which is now greater then in time of peace. It gives great dissatisfaction to H.M. subjects to have their handes ty'd up, and the Dutch engrose all the Trade. Signed, Robt. Quary. Endorsed, Recd. Dec. 9, 1703. Read Feb. 16, 170¾. Addressed. Copy. 2¼ pp. Annexed,
1033. i. Abstract of preceding. 1¼ pp. [C.O. 5, 1262. Nos. 49, 49.i.; and (without abstract) 5, 1290. pp. 431–437.]
Aug. 14. 1034. Minutes of Council of the Massachusetts Bay. Mr. Preble and Lewis Bean, two inhabitants of Yorke, came from thence yesterday and gave H.E. in Council a relation of the impression made by the enemy upon Wells, Winter Harbour, Papueduck, and that the Forts at Casco and Saco were insulted, their fireing being heard, but knew not the issue. They apprehended there were about 50 Indians appeared at Wells. H.E. wrote to Col. Hathorne and Col. Wainwright to meet with the Gentlemen of the Council and principal officers of the Militia in the towns of Salem and Ipswich, and to encourage the enlisting of voluntiers within their respective regiments for the service against the Indian enemy etc., and to make a list of their names. [C.O. 5, 789. p. 529.]
Aug. 14.
1035. Minutes of Council of New Jersey. Present:—H.E. Edward Lord Cornbury, Governor: Lewis Morris, Col. Robert Quary, William Penhorn, Samuel Jenings, Thomas Revell, Samuel Walker, Daniel Leeds, Francis Davonport, George Deacon, William Sandford. H.E.'s Commission for the Government of the Province of Nova Cesaria was read, and his Commission from H.R.H. for Vice-Admiral of the said Province. He took the oaths appointed, and administered them to seven Members of Council, the remaining three, Samuel Jenings, George Deacon and Francis Davonport subscribed the Declaration appointed to be taken by those whose consciences would not permit them to sware, and also subscribed the Test.
Alexander Griffith, H.M. Attorney General, took the oaths appointed. [C.O. 5, 1019. p. 1.]
Aug. 16. 1036. Journal of Assembly of Jamaica. The House met and adjourned.
Aug. 17. Col. Thomas Sutton absenting himself without leave, ordered that he be sent for in custody.
Aug. 18. The House met and adjourned.
Aug. 19. The House met and, for want of a quorum of 21 to do business, adjourned. [C.O. 140, 7. pp. 93, 94.]
Aug. 16. 1037. Minutes of Council of the Massachusetts Bay. H.E. communicated to the Council a letter from Capt. Turfrey, Commander of H.M. Fort Mary at Saco, containing an acct. of the insult made by the enemy on that garrison, and of their being repulsed and drawn off, as also of the mischief done at Winter Harbour and Saco on the out-settlements; and despatched letters to the several garrisons at Saco, Blackpoint and Casco to send off the women and children, and to retain all the men fit for service, and put them under pay; and a letter to Capt. Southack to sail to Sagadohock and demand of the French and Indians the prisoners in their hands; and to Governor Winthrop to desire assistance from the Government of Connecticott of a Foot-company of 60 men under proper officers.
Aug. 17. A Flagg of Truce arriving yesterday from Port Royal, with a Messenger and letter from Mr. Brouillan, Governor for the French King there, H.E. communicated the said letter to the Council, and replied to him, importing his sending all the French prisoners here in exchange for ours with him, onely reserving Capt. Baptist with great distinction from the rest, detaining him as a criminal and felon, and to be reserved for the Queen's pleasure, withal shewing his resentment of the late barbaritys acted by some French officers and two priests commanding the salvages upon a number of poor women and children in open settlements, presuming they were under his commission, and expecting that he command them to restore the women and children to their place again.
63l. 19s. 2d. paid to James Gooch, Commander of the sloop Sea-flower, for carrying supplies last spring to the garrison eastward.
Licence granted to James Barton to erect a building of timber on his wharffe to the seaboard nigh the Mill Creeke in Boston, in addition to his riggin house, on the south side thereof.
Aug. 18. Advised that H.E. do emit a Declaration against the Pennicooke and Eastern Indians, setting forth their perfidy, treachery, barbaritys, murders and rapines committed upon H.M. good subjects, declaring them to be rebels and enemys against H.M., her crown and dignity, to be out of H.M. protection, and to require all H.M. good subjects to treat them as such, and to do and execute all Acts of hostility upon them, and also to restrain the neighbouring friend Indians to their respective Plantations and places assigned to them. [C.O. 5, 789. pp. 529–531.]
Aug. 18.
1038. Minutes of Council of New Jersey. An Address was presented and accepted.
The abjuration oath subscribed by H.E. and Council not being Quakers.
The form of attestation in the room of the abjuration oath to be transcribed for the Gentlemen of the Council not taking oaths, as also the form of a Declaration for Privy Councillors to be altered, the terms implying swearing to be left out.
John Jewell and John White produced their Commission for Collectors of the Customs for the ports of Burlington and Amboy, and took the oaths appointed and subscribed the abjuration oath and test.
Resolved that there be three Courts held in the Province: Court of Conscience, County Court and Supreme Court. That the Court of Conscience for all causes under 40s. consists of the Justices and other principle inhabitants as shall be appointed of the town or county, and sit every moneth to determine without a jury; the time of their sitting to be limited by the Commission. That in case any person be itinirate, a power to be lodged in any Justice of the Peace to grant a warrant to the Constable to bring the Debtor before him and oblige him either to pay the debt, or to give security to appeal at the next monthly Court. The Court of Pleas to try all actions, criminal, civil and mixt, and to sit four times a year in every County, the times to be appointed by the Commission. The Court to consist of the Judge of the Common Please, and the four assistant Justices whereof the Judge of the Common Please, or the first assisting Justice to be alwaies one. No cause under the value of 10l. to be removed to the Supream Court, each Court not to exceed four days at one sitting. The Supreame Courts to be held the first Tuesday in May at Amboy and the first Tuesday in November at Burlington.
Aug. 19. The Attestation in the room of the Abjuration Oath was read and approved and subscribed by the Gentlemen of the Council whose consciences would not admit them to take an oath (see Aug. 14), who likewise subscribed the Declaration as Councillors.
Capt. John Jewell and John White took the oaths of their offices.
Aug. 20. Committee appointed to consider the proper times for the sitting of the County Courts made their report.
Resolved, that the Quarter Courts be allowed to determine definitively all cases under 10l. excepting cases where the titles of land are concerned.
Proclamation ordered, declaring that all Constables exercising that authority on Aug. 9 in this Province continue their duty in their office till further order.
Proclamation ordered to be forthwith issued to the Sherrifs and all other proper officers to proclaim H.E. Commission in every county of this Province with all possible expedition.
Aug. 21. Resolved, that all Constables be chosen yearly at the Quarter Sessions by the Justices then present.
Above Proclamations signed.
Ordered that with the writ for the Election of Members for the General Assembly, instructions be given to the Sherrife to adjourn from county to county through each division, if a pole be demanded. [C.O. 5, 1019. pp. 2–5.]
Aug. 19. 1039. Minutes of Council of the Massachusetts Bay. Ordered that Andrew Belcher, Commissary General, do supply the forces raysed for H.M. service with provisions for their subsistance from time to time as H.E. the Governor shall direct at the usual rate for subsistance as stated by the General Assembly, and that the stores and magazine for the Eastern Parts be lodged at Mr. Peperel's garrison in Kittery.
H.E. intimated to the Council that Col. Hunt had made default in the levy of souldiers ordered from his regiment, none appearing either from Hingham or Weymouth, and dispatch't Col. Hobby with 10 of the troop of Guards with order to make a draught of 20 men out of each of the said towns.
Aug. 20. H.E. communicated to the Council a letter expressed to him from Major March, Commander of H.M. Fort at Casco Bay, and another from Capt. Southack, Commander of the Province galley, now there, containing a Journal of the insult made by the French and Indians for several days together upon that Fort, and of the galley's engaging them, Capt. Southack withal intimating that he durst not come away until some assistance came. H.E. exprest an order to Capt. James Gooch at Plymouth and the commanding officer of the souldiers embarqued on his sloop to sayle directly to Casco Bay, his former order notwithstanding.
Aug. 21. Ordered that Andrew Belcher do forthwith provide for the use of the forces raysed for H.M. service, hatchets, powder-hornes, belts and snapsacks of each 500, large shoes and stockens of each 500 pair, and that they be lodged with the Commissarys at the several stores to be delivered to the souldiers as they shall have occasion to be charged therewith upon accompt.
H.E. acquainted the Council that he would order 100 firearms immediately to be prepared and send 50 of them to Mr. Peperel's garrison at Kittery, and the other 50 to Casco Bay, and to be delivered to the Commissarys there, to be changed with the souldiers by order of the officers, taking in the defective arms and markeing them with the souldiers' names, that they may be forthwith amended at their charge respectively, and to be restored them. And also intimated that he would give order to fit up the house of Forthill in Boston to lodge the public stores of arms and ammunition.
Upon complaint made of great disorders by negro and molatto slaves, in Boston and Charlestown, being absent from their masters' familys by night, rambling about the streets, makeing a great noyse and disturbance, and committing many insolencies, Ordered that no negro or molatto slave in either of the said towns do presume to be abroad in the night time after 9 a clock, and if any happen to be found in the street, or in any public house after that hour, unless it be on some errand for their respective masters, and that signifyed by a note in writeing under the master's hand, the constables, watchmen and any other of H.M. officers or good subjects, be and hereby are impowred to take them up and convey them to the House of Correction, there to remain all night to receive the discipline of the house and be discharged in the morning. [C.O. 5, 789. pp. 531, 532.]
Aug. 20. 1040. Journal of Assembly of Jamaica. The Messenger reported that Col. Sutton appeared to be very well, and promised to come with him in the morning (see Aug. 17), but in the night pretended he was taken sick, and said he was not able to come, and writ to the Speaker that he was very ill and desired to be excused, but the House, upon the information of the Messenger, was of opinion he was well able to come, and did not allow his excuse, and ordered the Messenger to execute the warrant, and not to return without him.