America and West Indies: October 1703, 16-20

Pages 744-755

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

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


October 1703, 16-20

Oct. 16.
St. Swithin's Lane.
1153. Sir Gilbert Heathcote to the Council of Trade and Plantations. In answer to your commands of 14th inst., the Act of Jamaica for settling the seat of Trade at Kingstone was putt in execution upon the Governour's passing his consent, and proclaimed on Port Royall, Kingstone and Spanish Towne by beat of drum, and then all the priviledges of Port Royall ceased, and the publick offices were removed to Kingstone, vizt. the Receiver Generall, Navall Officer, Collector and the Secretary, where they still remaine. And upon the encouragement of that Act, most of the merchants of Port Royall and others fell vigorously to build dwelling houses and warehouses at Kingstone for their conveniency of traffique, and at the departure of the last fleete many good and substantiall buildings were finished and a great many raiseing, which hath allready cost the owners vast summes of money. Now if this Act should not pass the Royall assent, and the seate of trade be removed againe to Port Royall, the consequences will be allmost as fatall to abundance of people as the fire at Port Royall was. These accts. I have from Col. Edlyne and others lately come from Jamaica. Signed, Gilbert Heathcote. Written on margin. Since writing this I have received the inclosed from Col. Lawes. He has lived 40 years at Jamaica, has been long of the Counsel and Chiefe Justice of the Island, has a generall good character both of his honesty and understanding, that I have a great opinion of his judgment. Endorsed, Recd. Read Oct. 18, 1703. Addressed. 1 p. Enclosed,
1153. i. Col. Lawes to Mr. Heathcote. Thistleworth, Oct. 16, 1703. By the Instrument of Government granted to the Island of Jamaica, the Governour, Council and Assembly have power to make Laws not repugnant to those of England, which are to be of full force and effect untill H.M. pleasure be signified to the contrary. Soone after the unfortunate fire at Port Royall, the Assembly mett and the merchants and people generally seeming resolved never more to trust their lives and estates upon that fatall spott, subject by Nature to many more accidents than any part of the maine land, that Law was made to settle the whole trade and sufferers of Port Royall at Kingstone. Under umbrage of that Law, the best lotts of land, and in perticular the Front Streete was given to the Freeholders of Port Royall, which looked so much like an equivalent that lotts were bought and sold from 100l. to 200l. a lott. And the People removed their Bricks, bought Timber, and began to build many Houses, some whereof were finished before I came away. And presently after the passing this Law, all the ships that arrived delivered at Kingston. And the late Greate Fleete (as well as that expected) except five which were loaden before the Fire, were all loaden there with great dispatch. The People still continue to build and provide conveniencys for Trade, and think themselves safe, believing the Law on their side; but if the Law should not be confirmed here, then all that they have done is lost, and the damage must be very greate. 'Tis true some of the Port Royall Freeholders have returned or kept there, and built some small houses, and done other things contrary to that Law yet in force, and they have been encouraged thereto by some persons there and advices from hence. But how farr they ought to be countenanced, and the others discouraged who act under the security of the law, as they will be if this Law does not pass, is worth considering. The Forts at Port Royall yet standing, the Assembly have wisely provided an Additional Subsistance for so many of H.M. Forces as may be thought fitt to man them, untill others may be erected on a more defenceable Pass. And Col. Lilly sayes that the ships and trade are more secure at Kingston without a gunn than at Port Royall with all its present Fortifications, and for his opinion I referr to his Report, 1695. I am wrote that if the Law does not pass, the new Builders at Kingston must suffer a far greater callamity than when deceived after the Earthquake. Then they had onely Orders of Councill for what they did, now they proceeded on the Publick Faith of the Act of Governor, Councell and Assembly, and they think themselves miserable, if after they have passed a Law, they shall be thought improper Judges of that, or where the Chiefe Towne and the seate of Trade for the Island's use shall be established. Signed, Nicholas Lawes. Addressed. Sealed. 1½ pp. [C.O. 137, 6. Nos. 9, 9.i.]
Oct. 18. 1154. Justices and Vestry of Kingston to the Governor and Council of Jamaica. After the late dreadful fire at Port Royal, there were two Acts passed that Kingston should be henceforth the chief Port of Trade, etc., upon which many have laid out considerable sums of money in building houses etc., which still they continue daily to increase, and whereas by the absence of two and the exclusion of the third, this parish hath no Representative in this present session of Assembly, where, from 29, their former Quorum, they have reduced it to 21, and there is a Bill past and now before the Council for making the Key, whereon Fort Charles and Fort William stand, a Port of entry for lading and shipping goods, etc., which if past, Petitioners conceive will absolutely defeat all the weighty reasons contained in the former laws for establishing this the Port of delivery, and will be the utter ruin of a great many who have laid out, some a considerable part of their substance, and others their all, in building conveniences for the aforesaid purpose, to which they were moved and incouraged by the publick faith and sanction of the Government. Pray for the weighty reasons given in the former laws to be considered and the great hardship this parish lieth under by the want of its Representatives to offer their reasons against this bill, which may also be the case of many other parishes, whose Representatives being excluded, their advice in this so weighty affair could not be consulted etc. Ordered to be presented to H.E. and Council by Col. Richard Thompson and Samuel Kirshaw. Endorsed, Recd. Read Jan. 26, 170¾. 1 p. [C.O. 137, 6. No. 33.]
Oct. 18.
1155. Journal of Council of Trade and Plantations. Letter from Sir Gilbert Heathcote, Oct. 16, read.
Paper by Messrs. Way, Egans etc. read. They added that all they intend by their solicitations is that Port Royal may be left in the same state it was in relation to the legal rights belonging to it before the passing of those Acts, and that otherwise they do not oppose anything that may be desired for the advantage of Kingston, provided it do not prejudice their property nor take away their former priviledges. If the reasons they have already given against the Acts do not seem weighty, they desire to be heard by their Council in relation to property before any report be made.
Letter from Col. Codrington, Aug. 8, read. Ordered that a copy be sent to the Earl of Nottingham, with a letter from the Board (Oct. 19).
Ordered that the Secretary write to the Attorney and Solicitor Generall to desire their reports upon the Plantation Laws in their hands.
Oct. 19. Letter to Lord Nottingham signed.
Letters from Lt. Gov. Handasyd, May 23 and 30 and July 5 and 7, again considered. Ordered that the Secretary desire of Mr. War a copy of the answer returned by the Lt. Governor of Jamaica to the Earl of Nottingham's letter, relating to the French and Spanish trade, mentioned in the letter of May 30. Ordered that paragraphs from the same letter and that of July 7 be sent to the Earl of Nottingham.
Two letters from Lt. Gov. Handasyd, with enclosures, Aug. 27, read. Ordered that copies and extracts be sent to Mr. Burchet.
Ordered that a Representation be prepared with the opinion of this Board that the Act of Jamaica for encouraging privateers and other seafaring men may be repealed.
Oct. 20. Letters with extracts ordered yesterday signed.
Upon further consideration of the Minutes of the Assembly of Jamaica, directions were given for several additions to the Report intended to be made upon the Act relating to privateers and upon other affairs of that Island.
Letter from Mr. Attorney General read. Reply ordered.
Letter from Mr. Sansom, Oct. 14, read. Ordered that copies be sent to Col. Nicholson and Col. Quary of said letter and the letter of the Board to him, Oct. 12. [C.O. 391, 16. pp. 227–237; 391, 97. pp. 609–622.]
Oct. 18. 1156. Journal of Assembly of New York. Bill for levying 1,300l. etc. read a second time and committed.
Oct. 19. The House waited on H.E. and presented their Address, which he received with expressions of much satisfaction. The Address:—We joyfully embrace this opportunity of testifying our satisfaction in the agreeable expressions contained in your Excellency's Speech and H.M. most gracious Letter, etc., etc.
The petition of Alderman John Hutchins, Administrator to Robt. Burgess, late of N. York, was presented to the House, and read, praying leave to bring in a bill to enable him to sell the lands of Burgess to pay debts; it was ordered to lie upon the table. [C.O. 5, 1185. pp. 103–105.]
Oct. 19. 1157. Attorney General to William Popple. I have several of the Laws relating to the Plantations by me and expected to have heard of the Agents, but none of ym. have ever been with me. Mr. Pen was with me about his lawes and I desired to see his Charter, wch. he promised to send to me, but hath not yet done. I hope the Lords Commissioners will be pleased to order him to send me a copy of his Charter, and the Agents of the other Plantations to attend me, and the report of the Laws shall not be delayed. Signed, Edw. Northey. Endorsed, Recd. 19th, Read Oct. 20, 1703. 1 p. [C.O. 323, 5. No. 20; and 324, 8. pp. 260, 261.]
Oct. 19.
1158. Lt. Governor Bennett to the Council of Trade and Plantations. Since mine of Aug. 9 last, sent by the ship Charles belonging to this place, I have received six pacquetts from your Lordships, containing letters of March 19, 170½, and duplicate of the same, with orders to proclaim H.M., which accordingly was again done on Aug. 19; of March 17, 170½, and its duplicate, relating to a sloop condemned at Providence, and other matters of which I have given your Lordships an account long since; of Aprill 13, 1702, directing me to make use of the publick seale with H.M. warrant for the same; of March 16, 170½, relating to the holding of Courts of Admiralty. There has been none since I came; but the Secretary assures me that those Courts were held by my predecessors by virtue of their Commissions for Vice-Admiralls; of Nov. 11, 1702, which as in my last, was for a publick thanksgiving, and was accordingly strictly observ'd; of November 13, 1702, and duplicate from Mr. Popple, which I have already answer'd, and now again by the papers herewith enclosed, and as to that part relating to Counsellors and Decrees in Chancery I shall observe accordingly; of Aprill 20, 1703, and duplicate relating to Courts of Justice, I have and shall take all possible care therein, and also recomend to the Assembly the passing a Law for constituting an especial Court for determining of small causes according to your Lordships' commands, if the Act for that purpose amongst the rest herewith transmitted is not thought by your Lordships sufficient; and likewise will take care to transmitt an abstract of all causes determined and depending, with the Proceedings thereon, as soon as they can be transcribed; of Aprill 29, 1703, and duplicate thereof; and of March 2, 1702/3, and March 25, 1703, whereby I am convinced that my letters are some way intercepted, having sent six pacquetts between Sept. 5, 1702, and Aprill 3, following, and I do not find by your Lordships' letters, that any of them arrived, but that of Sept. 5 and Dec. 24 last, soe that by such management I may very well suffer in H.M. and your Lordships' opinions, if it was concluded my silence argued me guilty of what Mr. Larkin had alledged against me; but I hope long before this can arrive, that affair (by my last pacquett sent with my Secretary in the Charles) will appear in its true light, or time given me to come over and justify myself. The letters from my Lord Nottingham, mentioned in that from your Lordships of March 25, I received, and gave his Lordship an account thereof. I also received H.M. bountifull order for augmenting my sallary, and will have all due observances to them, as in my last pacquett of Aug. 9. I have also now transmitted an account of what Commissions I have given out, with a copy of one of them and also copies of Commissions granted before my time, and would gladly know (as your Lordships are pleased to charge me with) wherein I have been remiss in not transmitting particular accounts of transactions that has happened in this Government, that I may the better know how to comply with my duty. If my negligence is meant concerning Mr. Larkin's management, I hope your Lordships are satisfyed by what I have herein before writt about my letters miscarrying; of May 27, 1703, that part of your Lordships' letter concerning Mr. Larkin was comply'd with long before the receipt thereof, as may appear by the papers herewith sent, but everything cannot be so clear as if I were present to explain, which I hope will not be denyed me, since I hear Mr. Larkin is gone home to plead his own case, and I am very well sattisfyed your Lordships will not suffer me to fall a sacrifice to the pride and mallice of my adversary: in this letter your Lordships seem to charge me with neglect, in not sending the Proceedings of the Councill and Assembly, with the accounts of the Revenue, and all the other publick transactions, according as directed by my Instructions. My Lords, as for the Proceedings of the Councill and Assembly, there has been nothing in either material since the death of his late Majesty, but what relates to Collonel Day, Mr. Larkin, Mr. Jones the late Sheriff, Judge Nelson and Dr. Starr, which has been and is now transmitted, and as for the accounts of the Revenue, they have lain a long time before one Mr. Spofforth, who is appointed Auditor Generall, and has been sick and not capable to examine them; I also received H.M. warrant for remitting a fyne of 50l. set on Coll. Day, and sattisfaction is accordingly entred on record, I likewise received H.M. order for the discharging Mr. Larkin out of prison, in which place he was put for no other cause but to preserve the peace and quiet of this Government, and might when hee pleased have been released, on condition immediately to depart on H.M. service, as appears by the papers herewith transmitted, and has been gone from hence ever since Aprill 27 last. I shall forbear here to mention the usage I have mett with from that gentleman. But, my Lords, I think my fate is very hard, for after suffering all those affronts, reflections and abuses that I have, I should be so unhappy to be under H.M. and your Lordships' sensures, when I am the most injured person. By repeated advices from severall places, and from Curicao I am informed that the Governor thereof has called in all the Privatteers, and permitts their vessells to trade with the Spaniards, soe that between that place and St. Thomas's our enemies will never want what they can furnish them with. I have herewith sent the Proceedings against one Daniel Smith about piracy, and examinations taken before the Right Honble. Sir Charles Hedges, who did not thereupon think fit to commit him, but upon the motion of Mr. Larkin and affidavit of Collonel Day (which is also transmitted) he was again taken up on the same account, and is now under confinement, and I desire your Lordships' directions what must be further done therein, for I do not perceive new matter sufficient in Coll. Day's affidavit to bring him to a new tryal; besides Collonel Day is dead. I beg leave to observe one thing more to your Lordships, that when the Proceedings above mentioned were produced to me, I sent them by my Secretary to Mr. Larkin, and desired to know whether the name Richard Crawley, Register, was Mr. Crawley's own hands, which I had great reason to beleive he was well acquainted with, but he sent me word, if he did know, he would not satisfy me, which I thought in such a case as that (besides the unmannerly answer) was part of his business, but such slights and contempts he had accustomed me to, which with patience I endured, depending on having reparation at home, which I doubt not of when matters are rightly understood. By a Master of a vessell belonging to this place, that came from St. Thomases, I am informed that on the 28th of the last month arrived at Martineco, 29 sail of French ships, 5 whereof were men-of-war from 60 to 80 guns, and adds that he heard that there were a great many Dutch and English prisoners in that place, the former of which has the liberty of town, but ye latter are closely confined, the reason for which different treatment is (as I conceive) because the Dutch from Curicao trades with the Spaniards; he further tells me that at that time, when he was at St. Thomas's, two English sloops besides his were in the Harbour, all which came from the northward laden with bread, beer, flower and bacon. I asked to whom they sold their provision; he told me to the French or any body, and said the reason why they chose to go to that Port was, because it's to a better market than any of our English Plantations. Hee also gave me an account, that a Privateer belonging to Jamaica, in his cruise met with three Dutch vessells returning from trading with the Spaniard, all which he took, having a considerable number of pieces of 8/8 on board, besides other rich goods. On the 12th, 13th and 14th instant were tryed here for piracy five persons, but were all acquitted; four of which were one Captain Pulleyn's men, who intended when he came out for the South Seas, but having great reason to suspect his men's intentions of seizing him, and go with the ship where they pleased, he brought her in hither. In the whole course of the evidence on the tryal, it's convincing they, his men, had a design to run away with the ship; the reason why I could not transmit their tryalls at large now is, because they are long, and this pacquet being so to, I could not accomplish both, but will with all expedition send them by the way of Barbados. This poor gentleman, Captain Pulleyne, has been very unfortunate in his undertaking, for on July 21 he came into this Port, under all the confusion with his men imaginable, and on Aug. 16 his ship took fire by the carelessness of one of the Purser's servants, who by drawing of brandy in the Lazeretto, somehow took fire from ye candle, and all was in a flame in a minute, and after 4 hours burning it blew up. On the 16th instant I received from the Royal African Companies Agent at Antegua, H.M. Order of July 26 last, relating to the securing of the goods and effects belonging to that Company, that should be brought here by one Humphry Chishull and Captain Daniel Johnson from Gamboa, which upon suspecting the Captain's mismannagement, I had done before, but Chishull is still (as I suppose) att Gamboa. What I have secured I doubt will fall much short of the Companies expectation, for this Johnson had been at St. Thomas's and sold all his elephants' teeth and wax, and also at Carolina, and there disposed of several negros, and bought a sloop in which he came hither, and was very pressing to return to Gamboa, but I refused him unless he would make up his accounts, and give good security for his faithfull proceeding on the Companies behalf, which was not complyed with before my receipt of H.M. Order, and all that I can propose to do with him is, when I see his accounts to get what I can for ye Company, and then secure him till I receive their further orders, of all which I have sent a particular to the African House by the same conveyance with this. From Carolina I am informed that the Spaniards from Cuba came to the number of 200 in Pereaugres and landed in the night, near the Fort at Providence, and got undiscovered into the same, and became masters of it, without opposition, they then marched into the Town, which they burnt and destroyd, most of the inhabitants making their escapes into the woods. But they took the Governour and carryed him with them, after continuing thirteen days in the place. There were 4 sloops in the harbour, which also became their prise. The plunder they gott was not considerable, the people expecting them, therefore had hid the best of their goods. Signed, Ben. Bennett.
P.S.—By a vessell now here that came in distress from Antegua and bound to Bristoll, I have transmitted a copy of all Laws now in force here. It was impossible to get a triplicate ready of my packett, relating to Mr. Larkin, but I have now transmitted to my Lord Nottingham the whole matter in dispute between us, which I beleive will arrive before your Lordships, which I sent in a Pink called the Amity, but I thought convenient to devide the packets for ye more probability of one of them arriving safe. I am now about the tryals of the men who were accused of piracy, and will transmit them by way of Barbados. I have received this further advice from a prisoner who by favour was permitted to come away from Martinico, and says that 20 sail of Merchantmen arrived there, and five Men of War, their force being only four of them from 50 to 60 guns, the other a small vessell. He adds that when any Dutch prisoners are brought in, they are immediately sent to St. Thomases, but the English for Old France. Endorsed, Recd. Dec. 14, 1703, Read June 1, 1704. 8 pp. Enclosed,
1158. i. Abstract of preceding. 4 pp.
1158. ii. Minutes of Proceedings of the Admiralty Court relating to Daniel Smith on a charge of piracy, Nov. 11, 1702. Duplicate of No. 1014. li. Endorsed as preceding. 3½ pp.
1158. iii. Deposition of Lt. Gov. Day. Duplicate of No. 1014. 1.
1158. iv. Deposition of Daniel Smith. Duplicate of No. 1014. xlix.
1158. v. Deposition of Lt. Gov. Day. Duplicate of No. 1014. xlvi.
1158. vi. Deposition of Gilbert Nelson. Duplicate of No. 1014. xliii.
1158. vii. Deposition of Samuel Stone. Duplicate of No. 1014. xlvii.
1158. viii. Deposition of Samuel Stone. Duplicate of No. 1014. xlviii.
1158. ix. Deposition of Richard Gilbert, sr. Duplicate of No. 1014. xlv.
1158. x. Deposition of John Dickinson. Duplicate of No. 1014. xlii.
1158. xi. Deposition of Richard Gilbert, jr. Duplicate of No. 1014. xliv.
1158. xii. Deposition of Col. Wm. Outerbridge. Duplicate of No. 1014. xl.
1158. xiii. Deposition of Tho. Hall. Duplicate of No. 1014. xli.
1158. xiv. Copy of proceedings against Daniel Smith for piracy and his examination before Sir Ch. Hedges, Sept. 1700. Endorsed as letter. 7 pp.
1158. xv. Copy of proceedings in Col. Day's time against Samuel Gilbert for seizing a Spanish periago. Endorsed as preceding. Duplicate of No. 1014. liv.
1158. xvi. Remonstrance of William Outerbridge and others. Duplicate of No. 1014. xxxix. [C.O. 37, 6. Nos. 2, 2.i.–xvi.; and (without enclosures) 38, 5. pp. 472–484.]
Oct. 19.
1159. William Popple to the Attorney and Solicitor General. The Council of Trade and Plantations have ordered me to acquaint you that H.M. service in the Plantations requiring from them a speedy inspection of the Acts of the Assemblies, they desire your opinion with all convenient dispatch upon those four which have been sent to you by their order. [C.O. 324, 8. p. 260.]
Oct. 19.
1160. Council of Trade and Plantations to the Earl of Nottingham. We enclose a copy of a letter from Governor Codrington, whereupon considering his request that he may be permitted to return to England by reason of his great want of health, we desire your Lordship would please to lay the same before H.M., with our humble opinion that leave may accordingly be granted him, and that in this conjuncture it will be necessary for the security of those Islands that another Person be forthwith appointed for that Government. Signed, Rob. Cecill, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior. P.S.—We likewise pray your Lordship to be referred to what is written of the condition of those Islands, occasioned by the increase of Privateers and relating to Commodore Walker's misbehaviour, that those mischiefs may be remedyed. 1 p. Enclosed,
1160. i. Copy of letter from Governor Codrington to the Council of Trade and Plantations, Aug. 8 (q.v.) 1½ pp. [C.O. 152, 39. Nos. 96, 96.i.; and 153, 8. pp. 212, 213.]
Oct. 19. 1161. Minutes of Council [in Assembly] of Barbados. Robert Johnstoun, presenting H.M. order for him to be admitted of the Council upon the first vacancy, and Thomas Maxwell having lately departed this life, he was sworn a Member.
The Assembly attending, acquainted H.E. that there were not above 12 of them in town, and therefore could not make an House, and desired to adjourn for a fortnight. Whereupon H.E. told them that there was a great deal of business of the highest consequence to this Island, which required a more speedy consideration and despatch, and therefore ordered the Speaker to send to the absent members in his name requiring them to meet on Monday next, and continue sitting three days together, and prepare such business as they had before them, and that H.E. would meet the Council on Tuesday and Wednesday in order to receive them. [C.O. 31, 8. pp. 123, 124.]
Oct. 19. 1162. Journal of Assembly of Barbados. The Members present being but 12, adjourned till Munday. [C.O. 31, 7. p. 118.]
Oct. 19. 1163. Minutes of Council in Assembly of Jamaica. The Governor proposed to the consideration of the Board what past on Oct. 15, and it being late, the Council desired time to consider.
Oct. 20. The matter was debated and adjourned.
Several Members took the oath of Abjuration.
Oct. 21. The debate about the four Bills was resumed, but the Board comeing to noe resolution, it was adjourned till to-morrow.
Bill to encourage the importation of white men sent up.
And see Minutes of Council under date.
[C.O. 140, 6. pp. 540–542; and 558, 559.]
Oct. 19. 1164. Journal of Assembly of Jamaica. Resolved that the absent Members lye under the censure of the House.
Oct. 20. The House met and adjourned.
Oct. 21. John Lewis took the oath and subscribed the Test as a Member for the parish of Westmorland.
Bill to encourage the importation of white men was read the third time, and sent up. [C.O. 140, 7. pp. 135, 136.]
Oct. 20.
1165. William Popple to Josiah Burchett. The Council of Trade and Plantations having received several papers from Jamaica relating to H.M. ships of war in those parts, they have ordered me to send you the inclosed extracts thereof, together with the accounts of the expenses of French and Spanish prisoners mentioned in the last of those extracts, that the whole may be laid before H.R.H. Council in the affairs of the Admiralty for their information, and such directions upon the said accounts as they shall see convenient. [C.O. 138, 11. pp. 55, 56.]
Oct. 20. 1166. Council of Trade and Plantations to the Earl of Nottingham. Enclosing extracts of letters from the LieutenantGovernor of Jamaica, relating to the two companies of soldiers sent thither from New England, to the recruits sent from Ireland, and to the pressing of men there by the ships of war.
We have transmitted several extracts of letters to H.R.H. Council for the Admiralty, containing an account of great disagreements between the Lieut.-Governor and Capt. Wavell etc. Signed, Robt. Cecill, Ph. Meadows, Wm. Blathwayt, Jn. Pollexfen, Mat. Prior. 2 pp. Enclosed,
1166. i. List of Extracts referred to. 2¼ pp. [C.O. 137, 45. Nos. 54, 54.i.; and 138, 11. pp. 57, 58.]
Oct. 20. 1167. Attorney General to the Council of Trade and Plantations. I have considered the Acts of Barbados, Nov. 17, 1701—March 10, 170½, which I conceive are agreable to Law and do not contain anything prejudicial to H.M. prerogative, save that as to the Act to prevent freemen, white servants and slaves running from this Island in shallops, boats and other vessels (wch. is expired), I am of opinion it making stealing or taking away any boat felony, the disjunctive or should have been the copulative and, for want of which taking away a boat without stealing is made felony, and the power to kill runaways is unreasonable, others being included besides slaves. And except the Act for ratifying Letters Patents, Grants etc., wch. I am of opinion is fit to be rejected, for instead of quieting possessions, as the Act is drawn, it will probably disturb more than it will quiet, for it confirms all Letters Patents, grants, releases, etc. without restraining it to such where the possession hath been with the grant, for want of which it will revive defective grants, under which there never was any enjoyment. And although there is a proviso in the Act against reviving any Letters Patents etc. that have been made voyd by Acts, Judgment or other legal ways, yet defective grants, under which no enjoyment may have been, if not legally made void, of which sort there may be many, will be revived; besides it is unreasonable to make defective grants good where for those defects subsequent grants have been, and such are made good by this Act, it making the defective grants good against all persons claiming under the Crown. And except the Act to encourage privateers in case of a war, as to which I am of opinion that its giving for ever hereafter to privateers the whole prizes to be taken by them, intrenches on H.M. prerogative and her declaration in favour of captors, and gives away the perquisites belonging to the Admiralty, and disables H.M. men of warr to press on the most urgent occasions any seamen out of privateers, which is undoubtedly in the power of the Lord High Admiral to doe, and therefore I think it fitt the same be repealed. Signed, Edwd. Northey. Endorsed, Recd. Nov. 4, 1703. Read July 21, 1704. 2¼ pp. [C.O. 28, 7. No. 1; and 29, 8. pp. 450–455.]
Oct. 20.
St. Jago de la Vega.
1168. Minutes of Council of Jamaica. The Governor communicated to the Board a demand of several necessaries wanting in H.M. Fortifications, on which it was the opinion of the Board that the Captain of the Forts make demands of such of the said necessarys as are in the Queen's stores, and buy up what he cannot be furnished with there, and bring his account thereof to this Board.
Ordered that the Captain of H.M. Fortifications give strict orders to the Master Gunner to turne all the powder in the magazines once every two months. Ordered that the powder be viewed and reported on.
The Receiver General desired the opinion of the Board what he should do with the balance of the money arisen by the Additional Duty, since the Act is expired; whereupon a Committee was appointed to report upon the last Act.