America and West Indies: October 1703, 21-25

Pages 755-770

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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October 1703, 21-25

Oct. 21. Upon their report, it was the opinion of the Board that the balance of the Additional Duty was not sunck into the Revenue, but might be appropriated by a New Bill. [C.O. 140, 6. pp. 178, 179; and 191, 192.]
Oct. 20.
Williams burgh.
1169. Minutes of Council of Virginia. H.E. signed warrants for salaries of officers. [C.O. 5, 1412. pp. 105, 106.]
Oct. 21.
1170. Journal of Council of Trade and Plantations. Letter from Sir B. Granville, June 16, again read. Ordered that extracts be sent to the Board of Ordnance and Mr. Lowndes.
Letter from Sir B. Granville, Aug. 3, read, as also one to the Secretary. Letter ordered to be prepared to Lord Nottingham, enclosing extracts.
Letter from Col. Quary, July 25, read. Letter ordered to be prepared enclosing extracts to Lord Nottingham and Mr. Burchet.
Oct. 22. Upon further consideration of what Col. Quary writes in his letters relating to Mr. Mompesson's being constituted Judge of the Admiralty in Pennsylvania, it appearing to their Lordships that Mr. Byfeild's Commission to be Judge of the Admiralty in New England is thereby superceded, ordered that a letter be writ to Mr. Phips to give him notice thereof.
Representation ordered to lay before H.M. Col. Quary's proposal for securing the Trade of America.
Letter to Lord Nottingham, enclosing extracts of Col. Quary's letter, signed.
Letter to the Board of Ordnance signed.
Representation for repealing an Act of Jamaica etc. signed.
Letter ordered yester day to Mr. Lowndes and Mr. Burchet approved. [C.O. 391, 16. pp. 238–241; and 391, 97. pp. 625–630.]
Oct. 21.
1171. Minutes of Council of the Massachusetts Bay. 686l. 9s. 2d. paid to Capt. Cyprian Southack on account of the rebuilding and refitting the Province galley.
100l. paid to Thomas Brattle of the late Committee for the Fortifications making on Castle Island.
10l. 9s. paid to Corporal Sherebiah Butt on behalf of himself and seven troopers that attended as guards in his late journey to Piscataqua.
6l. 15s. paid to Col. Wainwright for billeting 50 soldiers, which with 4l. 17s. paid him by Capt. John Cutler, Commander of that Company, is in full of the said accompt.
9l. paid to Capt. Southack for what he paid to make good the loss sustained by Paul Munier of Penobscot, when his house was rifled the last spring.
4l. paid to John Cutler, Chyrurgion, for medicines and attendance on some of the men belonging to the Province galley, 1701.
Licence granted to Elisha Hutchinson to cover a cellar at the north end of Boston (over against the place where the late Major Clarke's house stood) with a roof of timber.
Licence granted to John Cutler to erect a dwelling-house of timber upon his land situate between the houses of John Walker and Henry Brightman, at the south end of Boston, the front to the south to be roughcast, and the north side carried up with brick.
Licence granted to John Loreing to erect a building of timber in addition to his house situate in Wings Lane (so called) in Boston.
Petition of William Vesey and several others, inhabitants of the town of Braintry read, setting forth that they have at no time consented or subscribed to the maintenance of the Minister at Braintry, nor is there any agreement or order of the Town upon record at any legal town-meeting warned for that affair, setling the sum for his maintenance, notwithstanding which several of them have been destrained upon for sums of money, and praying relief. Ordered, a hearing on Oct. 28, and that the Selectmen of Braintry etc. be notified to attend. [C.O. 5, 789. pp. 538–540.]
Oct. 21. 1172. Journal of Assembly of New York. Bill for raising 1,300l. read with amendments, passed and sent up.
Oct. 22. Message sent down that the Council had passed the above Bill without any amendments.
The House attending, H.E. gave his consent to the said Bill, and adjourned the Assembly till the second Tuesday in April. [C.O. 5, 1185. pp. 105, 106.]
Oct. 22. 1173. Attorney General to the Council of Trade and Plantations. I have considered the Acts of Barbados, March and April, 1702, which I conceive are agreable to Law and doe not contain anything prejudiciall to H.M. prerogative, except the Act to secure the peaceable possession of negroes etc., as to which I am of opinion that though many parts of this Law (which is not temporary, but perpetuall) may be of use to the planters in Barbados, yet that part of it which prohibits the carrying away white servants without consent of the owners under the penalty of 100l., and obliges masters of ships to swear not to carry them away, is not fitt to be approved of, for that children stolen from England and carried to the Barbados cannot be reclaimed and carried away at the instance of their parents, and as it is worded (if otherwise fitt) it is unreasonable, being, if any person shall directly or indirectly carry of, attempt, or cause to be carried of, any white servant without knowledge of the owner, which a man may innocently doe, the words (knowing such person to be a servant) being omitted, and therefore I think this Law with these clauses in it not fitt to be approved. Signed, Edw. Northey. Endorsed, Recd. Nov. 4,1703. Read May 3,1705. 1 p. [C.O. 28, 7. No. 2; and 29, 9. pp. 294–296.]
Oct. 22.
1174. Council of Trade and Plantations to the Earl of Nottingham. Enclose Extract from Col. Quary's letter of July 25, by the first part thereof (which we have likewise communicated to H.R.H. the Lord High Admiral's Council) your Lordship will observe that little Justice is to be expected in Admiralty affairs relating to Trade from a Judge of Mr. Mumpesson's opinion. The state of the Leeward Islands we transmit to your Lordships in order to a due provision for the security of the said Islands. Signed, John Pollexfen, Mat. Prior, Wm. Blathwayt, Rob. Cecill, Ph. Meadows. Enclosed,
1174. i. Extract from a letter from Col. Quary, July 25, q.v. [C.O. 5, 1233. Nos. 50, 50.i.; and 5, 1290. p. 386.]
Oct. 22. 1175. William Popple to Sir Edward Northey. The Council of Trade and Plantations observing by your letter of 19th that you have occasion to look into Mr. Penn's Charter, send you the enclosed copy. As for the Agents of other Plantations, several of H.M. Plantations have no Agents, and very seldome any of them do attend this Board about the Acts of their Assemblies, unless it be in relation to such as are of a private concern, for the Acts being in force there as soon as they are past, in many cases the Agents are not solicitous of having them considered here, because it often happens that some are repealed contrary to their interest or desire. [C.O. 324, 8. pp. 261, 262.]
Oct. 22.
1176. Governor Nicholson to the Council of Trade and Plantations. This is designed, God willing, by Mr. Jenings (see July 23). He carrys with him for your Lordships copys of the Laws, several publick papers etc. I hope in God that his going to wait on your Lordships about these affairs will be for H.M. especial interest and service, for 'tis so designed by me. I'am allso in hopes that your Lordships will find it so, and that you'l receive a great deal of satisfaction by his waiting on your Lordships, and giving your Lordships a just and full account of all affairs relating to this H.M. Colony and Dominion. The 100l. which is advanced him towards defraying his charges, I'm in hopes will not be disapproved of by your Lordships, but that you will find by his service to H.M. that he hath deserved a greater reward. I thank God H.M. Revenue of the 2s. per lb. arrises to more than what I did expect, and I'm [in] hopes that the arms, ammunition etc. which H.M. was graciously pleased to send hither will be all or most of them disposed of this winter, and that the 3,000 odd hundred pounds will be paid into Mr. Auditor Byrd's hands by April next.
I have given Mr. Jennings copys of papers concerning a Burgess for James City, and I hope yt. there may be no more Burgesses chosen for yt. place. Col. Jennings knows yt. affair very well, particularly how it was managed by a party. By Col. Jennings I send to your Lordships copies of papers concerning the taking up land on the south side of Blackwater swamp, that business was managed very strangely. I have shewed the entrys to the Surveyor Generall here and other Surveyors, who say they never saw ye like entrys, and severall of ym. might have contained as many thousand acres as they pleased, and I suppose yt. some of them should be 10 or 20 thousand, and so to have engrossed all ye good land in these pts., by which means they would have kept other people from seating of it or else have made them pay for it. Mr. William Edwards marryed one of Col. Harrison's daughters, and Brown is a tool of theirs, as likewise Tho. Swan, who is lately dead. My humble opinion is yt. it will most conduce to H.M. interest and service that no person for the future, except whome H.M. will make a particular mark of her favour, shall take up above 1,000 acres. I hope Mr. Byrd will doe me the justice as to give your Lordships an account of what a peaceable state etc. this H.M. Colony and Dominion is in, and how (except a very few) they are very well satisfyed with my Government etc. No. 4 is his report about a perfect rent-roll of H.M. quit-rent. Mr. Jennings knows these affairs very well, as likewise concerning ye affairs of lapsed land, about which there is a law by which people claim a right of having a patent for ye lapsed land be ye number of acres never so many thousands. Where I find the persons petitioning for about 7 or 800 acres, and that it doth not appear to me that they are capable of improving it, I doe what I can to hinder them from it. I thank God that this H.M. Colony and Dominion is in peace and quietness, and I hope it will so continue; and I shall not fail in my duty to her most sacred Majesty to endeavour what in me lyes that it may continue so. I herewith presume to send your Lordships a copy of the Grand Jury's Address to me. According to your Lordships' commands to me, Mr. Secretary Jennings hath for your Lordships copies of the Proceedings of the Generall Court since my Government, as likewise of all the County Courts, except one on the Eastern shore, which was caused by the indisposition of the Clerk and great distance of ye place. I hope no body can justly complain yt. they have any designed delays in their tryals, especially in the Generall Court: for do I assure your Lordships that I several days in a Court sit till very late in the night, that business may be dispatch'd. And it hath been my constant orders to the County Courts not to delay justice, which I think is truly said to be ye denying of it. We have several times but a few of the Councill at our Court. I herewith humbly transmit a list of H.M. Honble. Council (Col. Charles Scarborough is dead) as allso of fit persons to be of ye Councill. The Honble. Col. Robert Quary we can not depend upon: and ye Honble. Col. John Custis his great distance and often infirmitys make him not to be depended on neither. And the Honble. Benjamin Harrison, Senr., hath neither been at Councill nor Generall Courts for above this half year. And in a letter he writ me he was afraid he should never be able to come again. What concerns the trade of this H.M. Dominion, as, likewise particularly concerning the Fleet's coming hither, and the want of goods, Mr. Secry. Jennings can give your Lordships a very good account of these affairs. Col. Quary shewed me what he had written to your Lordships concerning the West Indy trade, which if it be done, I think it will be very much for H.M. interest and service, and Mr. Secretary Jennings knows yt. affair too, very well. His publick employments and good abilitys in all respects, and his now management of affairs, I hope will in some measure cause him to merit your Lordships' protection. There gos with him Col. Danl. Cox, whom H.E. my Lord Cornbury and I have found very active and zealous for H.M. interest and service, since he hath been in these parts, where he hath behaved himself very well in all respects, which makes me hope he will return with Mr. Secretary Jennings whom I hope your Lordships will be pleased to dispatch as soon as possible; for I hope in God there will be no absolute necessity for our Assembly's meeting till I have ye honour to receive your Lordships' commands by him. There is now neither here nor in Maryland any of H.M. men of war to attend either of ye Governments. I'm in hopes that your Lordships will be pleased to move H.M., that the man of war that is sent to be here, may be here some time in Aprill or by ye middle of May at farthest, by which time I suppose the London Fleet may sail from hence. By Capt. Fogg, H.M.S. Falmouth, according to my duty I writ to your Lordships, July 23, 24, 28 and Aug. 1; which 4 letters with ye box I hope in God your Lordships have rcd. before this. Signed, Fr. Nicholson. Endorsed, Recd. Dec. 8, 1703, Read Jan. 4. 1703(4). Recd. from Mr. Jennings. 3 pp. Enclosed,
1176. i. Abstract of preceding. 2½ pp.
1176. ii. List of papers sent to the Council of Trade. Endorsed as letter. 1 p.
1176. iii. Copy of Minutes of Council of Virginia, Aug. 26, 1703, relating to the disposal of arms sent over by H.M.
1176. iv. Mr. Byrd's Report relating to grants of land on the South side of Blackwater Swamp. Williamsburgh, Oct. 21, 1703. I have seen the entrys of the several surveys referred to, and find several of ym., especially of ye late Mr. Swan's, so uncertain yt. by reason no quantity of lands or number of rights is mentioned, only natural bounds between creeks and swamps, yt. if the same contain many thousand acres more or less is not to be known by the said entrys: and finding an Instruction from his late Majesty directing that no greater tracts of land should be taken up or patented than might reasonably be cultivated, as allso an Address from the House of Burgesses in 1696, praying that no grant should be of those lands exceeding 400 acres to one person, I humbly conceive a great part of those entrys irregular and contrary to the intent and meaning of H.M. Instructions and the Address of the House. Signed, Wm. Byrd, Auditor. Endorsed as preceding. ½ p.
1176. v. Mr. Byrd's Report on H.M. Quit-Rents. Notwithstanding I have (according to your Excellency's repeted Instructions) used my utmost diligence in giving charge to the Sheriffs and taking their rolls under oaths, I am sensible there is still very great abuse therein, and I conceive yt. to cause one or more countys to be surveyed will be a great charge to H.M., and will noway answer the end, since there is in all the countys swamp, marish and barren lands not yet taken up or passed by any tenant, neither can the sherifs be forced yn. to any more certainty than at present, etc., etc. The best way would be to oblige the inhabitants to enter what quantity of acres they claim either with the Sheriff or Clark of the County, who should return the same to H.M. auditor who should be obliged to enter the same in a book, which the people may be told shall appear as evidence of their claims whenever any dispute shall be made hereafter. Signed, Wm. Byrd, Audr. Williamsburgh, Oct. 21, 1703. Endorsed as preceding. 1 p.
1176. vi. Copy of the Address of the Grand Jury to Governor Nicholson. General Court, Virginia, Oct. 20, 1703. Having finished the business presented us by H.M. Council, wee proceeded to consider of your Excellency's Speech, wherein you were pleased to express your great trouble to see so many criminals at this time, and out of your pious care and religious zeale for the welfare of this country seem to fear some impending judgment over us, which God of His infinite mercy avert. We are very much troubled to see so many criminals, and return our hearty thanks to your Excellency for your tender care and concerne for us, humbly hoping the personal faults or uneasiness of some few will not affect the generall, where all are so universally concerned for them, at once detesting their wicked actions or designs and imploring God's mercy. In all our stations where we reside we find the country very easy and quiet, without the least disturbance etc. Signed, Wm. Tayloe, Foreman, Rodham Kennor, James Taylor, Wm. Aylet, Saml. Bridger, Tully Robinson, Geo. Nich. Hack, Phill. Lightfoot, Wm. Bridger, Jno. Waller, Wm. Fox, Richd. Wyat, Jno. Story, Ant. Holliday, Wm. Jones, Edwin Thacker, Henry Fox, Harry Beverley, Hen. Duke, jr., Jno. Frayser, Hugh Norvell, Jno. Custis, jr., William Hansford. Endorsed as preceding. Copy. 1 p.
1176. vii. (a) List of the present Council of Virginia. Signed, Fr. Nicholson. (b) List of those recommended to be of the Council:—Col. Dudley Diggs, who lives about 15 miles off, and hath neither river nor creek to pass. Wm. Churchill, who hath only York River to pass before he comes to Williamsburgh. John Smith, son and heir of Col. Lawrence Smith, who lives about 8 miles from Tyndal's Point, where there is a good Ferry. Col. Wm. Talo, who lives in Richmond County, and has to cross the Rappohanock and York River: his house is about 60 miles off. Col. Wm. Bridger, who lives in the Isle of Wight County, hath James River to cross, and 'tis between 30 and 40 miles to his house. John Lewis, who lives within 2 miles of John Smith. Lt. Col. Wm. Randolph, lives in the Freshes of James River, only a small inland river before Williamsburgh. Col. Gawin Corbin, Middlesex County, hath York River to cross. Col. John West, King William County, hath York River to cross. Robert Bowling, Prince George County, hath James River to cross. Lt. Col. James Ransom, Gloucester County, hath York River to cross. Capt. Thomas Barber lives about 10 miles off. The [last] 6 are of the Assembly and very useful there for H.M. interest and service, so that I most humbly propose that if any are to be made Counsellors now, they may be of the other six gentlemen. Signed, Fr. Nicholson. Endorsed as preceding. 3 pp.
1176. viii. Copies of Proclamations by the Governor of Virginia, (a) for proroguing the Assembly Oct. 1, (b) for the apprehension of 5 seamen, deserters from H.M.S. Guernsey, Oct. 12, (c) to H.M. Justices of Elizabeth City County, calling upon them to give Commodore Symonds all possible assistance by supplying him with fresh provisions and seeing that his men are not harboured by such as Anne Burd etc. Oct. 12, 1703. The whole endorsed as preceding. 2 pp.
1176. ix. Mr. Auditor Byrd's Account of the 2s. per hhd. of tobacco exported, 15d. per tun for every ship lading here, and 6d. per poll for every person imported, April 25—Oct. 25, 1703. Totals, R. 3, 994l. 5s. 7d. Exp. (salaries), 2, 057l. 12s. 02d. Due to H.M. 1,936l. 13s. 05d. Signed, Wm. Byrd. Endorsed as preceding. 2 pp.
1176. x. Transcript of several Orders, letters etc., relating to H.M.S. Guernsey, 1703. Endorsed as preceding. 8 pp.
1176. xi. Abstract of Militia of Virginia, 1703. Endorsed as preceding. 1 large p.
1176. xii. Abstract of List of Tithables of Virginia, 1703. Counties: York, 1,279; Richmond, 1,483; Surrey, 844; Charles City, 551(?); Nansemond, 1,117; Gloucester, 294; Elizabeth City, 478; Accomack, 1,061; Northampton, 716; Stafford, 892; Norfolk, 693; Middlesex, 807; Westmorland, 1,229; Prince George, 1,016; Princess Ann, 728; New Kent, 1,482; Henrico, 1,018; Isle of Wight, 734; Northumberland, 1,188; Essex, 1,261; King William, 884; Warwick, 577; James City, 1,435; King and Queen, 1,545; Lancaster, 909. Total, 26, 771. Slip.
1176. xiii. Abstract of all the 5th men taken out of the several troops and companies in Virginia to be ready upon emergencies, 1703. Totals, 407 horse, 356 dragoons, 899 foot. Endorsed as preceding. 1 p.
1176. xiv. Memorandum of Minutes of Council of Virginia, March 19—July 14, 1703. ¼ p.
1176. xv. Memorandum of Minutes of Council in Assembly of Virginia, March 19—April 10, 1703. ¼ p.
1176. xvi. Memorandum of Journal of House of Burgesses of Virginia, March 19—April 10, 1703. ¼ p.
1176. xvii. Memorandum of Minutes of Council of Virginia, Aug. 26—Oct. 20, 1703. ¼ p.
1176. xviii. Memorandum of List of ships entered and cleared at Virginia, Feb. 24—March 15, 1703. ¼ p.
1176. xix. Memorandum of copy of Laws of Virginia. ¼ p.
1176. xx. Memorandum of copy of all the Bills prepared by the Committee for revisal of the Laws. ¼ p.
1176. xxi. Memorandum of abstract of proceedings in the General and County Courts in Virginia, Dec. 9, 1698—Oct. 1703. ¼ p. [C.O. 5, 1313. Nos. 33, 33. i.–xxi.; and (without enclosures) 5, 1360. pp. 439–448.]
Oct. 22.
1177. Council of Trade and Plantations to the Board of Ordnance. Enclose copy of Governor Granville's letter relating to the Engineer and Gunners in Barbados. Signed, Robt. Cecill, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. [C.O. 29, 8. p. 331.]
Oct. 22.
1178. William Popple, jr., to Wm. Lowndes. Enclosing similar extract to be laid before the Lord High Treasurer. [C.O. 29, 8. p. 332.]
Oct. 22.
1179. Council of Trade and Plantations to the Queen. We herewith humbly lay before your Majesty an Act passed in the General Assembly of your Majesty's Island of Jamaica, Aug. 21 last, entituled "An Act for encouraging Privateers, and other sea-faring men and to prevent impressing"; by which it is enacted that if any person or persons shall presume to impress any man that is or shall be an inhabitant of the Island, he or they shall be liable to very severe penaltys, which we humbly conceive is derogatory to your royal prerogative and highly prejudicial to your Majesty's service and may endanger your Majesty's ships of war in exigencys where seamen may be wanted. But on the other side, we are obliged to lay before your Majesty the great abuses that are represented to us to have been committed in that Island by the irregular impressing of men by the Captains of those ships, notwithstanding your Majesty's Instructions to all Governours of the Plantations, whereby you are pleased to direct, that when any Captains or Commanders of any of your Majesty's ships of war in any of your said Plantations shall have occasion for seamen to serve on board the ships under their command, they do make their application to the Governours and Commanders in Cheif of the respective Plantations, to whom your Majesty is pleased to commit the sole power of impressing seamen in any of your Plantations in America, or in sight of any of them, contrary to which instructions, not only seafaring men, but land men and traders having families there are violently carried off (as very lately happened in Jamaica) without the privity or direction of your Majesty's Lieutenant Governor, to the great diminution of the strength of that Island and impairing of your Majesty's revenue, not only by the loss of those men taken away, and the ruine of their families, but by hindring some who might come to settle there, and terrefying others so as to cause them to desert the Island, which seems to have occasioned the Assembly's passing this Act. We therefore humbly offer for the reasons before mentioned, that the said Act may receive your Majesty's disallowance and disapprobation, so nevertheless that the Assembly may be assured by your Majesty's Lieutenant Governor of your due care of them, in directing the strict observance of the foresaid instruction for the future, and that your Majesty's Lieutenant Governor be admonished not to give his consent to any Act prejudiciall to your Majesty's royal prerogative. We further humbly take leave to represent to your Majesty that the Assembly of the said Island, still sitting when our last advices came from thence, have fallen into great differences with the Lieutenant Governor and Councill and into heats and disorders amongst themselves, so that seven of their number being at once expelled the House, there did not remain a Quorum sufficient, according to the rules of that House, for passing any Bill the third time; by which disorders the business lying before them has been neglected, no due care taken for renewing the body of their laws, and particularly of the Act of the Revenue which is near expireing; upon which we humbly propose your Majesty would be pleased to write to the Lieutenant Governour and Councill taking notice of these disorders and your Majesty's dislike thereof, and further enjoyning them to lay aside their private heats and animosities, and to attend with diligence and moderation your Majesty's service and the publick welfare of the Island. Signed, Dartmouth, Robt. Cecill, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. [C.O. 138, 11. pp. 58–62.]
Oct. 22.
1180. William Popple, jr., to Josiah Burchet. The Council of Trade and Plantations having received a letter from Col. Quary of July 25, command me to send you the enclosed extract thereof, relating to Mr. Roger Mompesson's superceding him in the place of Judge of the Admiralty in that and the neighbouring Provinces, and thereupon to observe, that the said Quary has long behaved himself prudently and faithfully in discovering and preventing illegal trade; that he was the last year justified in his proceedings before a Committee of the Lords of the Councill against all matter of complaint, which Mr. Penn could exhibit against him; that he had H.M. approbation and reward for his good services, and being ordered back to his post in the Plantations, has continued constant and useful correspondence with their Lordships in what relates to H.M. service in those parts; that the said Mompesson's opinion mentioned in the above said extract about tryals in Admiralty cases by Juryes, is entirely destructive of the legal trade of the Plantations, and of the jurisdiction of the Admiralty there, as settled by the late Act of Parliament relating thereunto; for these Juries consisting of merchants or others concerned in illegal trade (and in Pennsylvania of persons unqualifyed by law) no impartial sentence can be obtained, of which their Lordships have had many instances before them. They have therefore ordered me to transmit this to you, as a matter proper for the consideration of H.R.H. Councill. [C.O. 5, 1290. pp. 384, 385.]
Oct. 22. 1181. Minutes of Council in Assembly of Jamaica. The Governor proposed to the Board to reassume the consideration of the Bills lyeing before them, which the Council advised should be adjourned to Tuesday.
The House attending, the Speaker read and delivered to the Governor the following Address:—As all our greivances properly lead us to you for redresse, soe since our Journal, Minutes and other papers of the greatest concerne have (by the malice and contrivance of some ill-disposed person or persons) been feloniously taken out of the Assembly House, and torn, defaced and dispersed in severall places in and about this Towne, which wee conceive to be an affront of the highest nature to the Government, as well as to our House, wee therefore humbly desire you to issue out H.M. Royal Proclamation, expressing a reward for discovering and apprehending the offender. Whereupon the Governor having exprest his resentment and abhorrance of the fact, told the House he would doe all that lay in his power for their satisfaction.
Oct. 23. Message in writing sent up, desiring H.E. to send up to Providence for the releife of the inhabitants of that place, and if they are willing to come, to bring 'em downe to this Island, they being lately surprised by the enemy; and desiring leave to adjourn till Tuesday. [C.O. 140, 6. pp. 542–544; and 560, 561.]
Oct. 22. 1182. Journal of Assembly of Jamaica. The Journal of this House being last night stole out of the Assembly House and tore in pieces, and other papers and Records of the Assembly taken out, tore and thrown up and down the streets in several places of the Town, an address to the Governor was resolved upon. See preceding abstract under date. Information being given to the House that some persons could give an account who stole the Journals, but were afraid of so doing, lest they should incurr the displeasure of some persons in authority, Resolved that the following message be sent up to the Governor:—The House being informed that John Williams, a drummer in H.M. army, now quartered at Mrs. Chamberlyn's, can give your Honour some light into the tearing our Journall and Minuits, and who were the offenders therein, we pray your Honour to order him to be examined, and that he or any other that can make any discovery thereof, may be protected by your authority against the insults of all or any persons on this occasion. The Governor replied that it should certainly be done, and he would have him examined before a Magistrate immediately.
Oct. 23. Ordered that the Proclamation referred to be entered in the Minuits. Quoted. Message sent up to thank H.E. for issuing it.
See Minutes of Council in Assembly under date. [C.O. 140, 7. pp. 136–139.]
Oct. 22.
1183. Minutes of Council of New Hampshire. The Hon. John Usher presented H.M. Letters Patents constituting him Lieut. Governor of this Province, and determining the Commission of William Partridge. Mr. Usher took the oaths appointed and subscribed and declared the Test and Declaration. He acquainted this Board that he was a stranger to the present affaires of this Province, and therefore desired this Board to let him know if there were anything to be done proper for H.M. service or the good of this Province, he should be very ready to take care about the same.
Nathaniel Weare signified that there were several men belonged to Hampton, working at H.M. Fort, had been there a considerable time, prayed they might be drawn off. [C.O. 5, 789. p. 147.]
Oct. 23. 1184. Attorney General to the Council of Trade and Plantations. I have considered the Acts of Barbados, Aug.—Nov., 1702, which I conceive are agreable to Law and doe not containe anything prejudiciall to H.M. prerogative, except the Act for fitting out ships of war, which gives the whole prize to privateers, the perquisites of the Admiralty not being saved, wherefore I cannot think it fitt to be approved, unless a law be first passed in that Island to restrain the benefitts thereby allowed to the captors to such privateers as shall be fitted out by the Island and for reserving the perquisits of the Lord High Admiral. And as to the Act that all persons both civil and military in office at the demise of the late King shall continue, etc., it is unnecessary, provision being made for continuing of officers in the Plantations on the demise of any King or Queen of this Realm by the statute of I Anne. And as to the Act for the remittance of the duty of prize liquors, if that encouragement be thought fitt to be given to privateers in Barbados, which is not allowed them here in England, this Law being perpetuall, I am of opinion, is fitt to be continued only for a time, for H.M. further consideration. Signed, Edw. Northey. Endorsed, Recd. Nov. 4, 1703. Read May 4, 1705. 1½ pp. [C.O. 28, 7. No. 3; and 29, 9. pp. 296–300.]
Oct. 23. 1185. Navy Board to Mr. Burchett. We have received by an Order from the Hon. Council of H.R.H. of yesterday's date H.M. commands to give our opinion how H.M. Navy may be supplied with tarr and pitch the next year, and to think it absolutely necessary some measures should be speedily taken for preventing H.M. being imposed upon hereafter, as hath been done this year, for, as the Swedes have doubled the prices this year, they may double or treble them any year as they shall think fitting, if some way or other be not found out to obviate the same. Refer to other sources, viz. New England and the other Plantations. "From the Plantations is uncertaine, and no considerable quantitys can be depended from thence in some years, but in our humble opinion, if any persons will undertake the importation thereof, it will be expedient to encourage them to make a beginning in the methods we have formerly advised, hoping time may bring it to perfection." Refer to supplies from Russia, Norway and Holland. Copy. Unsigned. 1½ pp. [S.P. Naval, 7. Under date.]
Oct. 23. 1186. Minutes of Council of Virginia. Mr. Auditor Byrd's account of the 2s. per hhd., 25th April—25th Oct. read.
H.E. laid before the Council the present state of the French Refugees at Manican Town. Ordered that it be referred to the consideration of the Assembly.
Proclamation ordered proroguing the Assembly to April 20.
Col. Benjamin Harrison excused attendance on account of sickness.
Whereas Richard Ligon, Surveyor of Henrico County, was suspended Aug. 26, ordered that notice be given to Col. Miles Cary, Surveyor General on behalf of the Trustees of William and Mary College, and Robert Bolling, jr., is recommended to supply the place of Ligon till his suspension be taken off.
John Lightfoot was granted till next meeting of Council to put in his answer (see Oct. 1st).
Capt. Markham, of the Cuthbert and Spranger, having failed to deliver 3 barells of powder of the stores sent in hither by H.M., was ordered to pay for the same as he requested.
H.E. signed divers patents for land and probates and administrations. [C.O. 5, 1412. pp. 109, 110.]
Oct. 24./Nov. 4.
Fort Kÿkoveral, Essequibo.
1187. Samuel Beeckman to the [Directors of the Dutch West India Company]. Signed, Samuel Beeckman. Endorsed, Read 19 July, 1704 (N.S.) Dutch. 3½ pp. Enclosed,
1187. i. Invoice of goods. Signed, Samuel Beeckman. Dutch. 1 p. [C.O. 116, 19. Nos. 19, 19. i.]
Oct. 25.
1188. William Popple, jr., to John Sansom. Enclosing copy of the proceedings of a Court Martial held in Barbados Feb. 2, "that you may lay the said proceedings as they relate to Mr. Cox before the said Commissioners." [C.O. 29, 8. p. 335.]
Oct. 25.
1189. Council of Trade and Plantations to the Earl of Nottingham. We send your Lordship the extract of a letter from Governor Sir Beville Granville, of Aug. 3 last, as also a copy of the Proceedings of a Court Martial therein referred to, which we pray your Lordship to lay before H.M., the persons therein mentioned having layn long under condemnation, and one of them (who was to suffer death) reprieved, and they being within H.M. mercy, their case is humbly submitted to H.M. pleasure. And whereas Mr. Cox, one of H.M. Councill of that Island, is therein mentioned, as having too far countenanced the Frenchmen, we humbly offer that he be suspended from his place in that Councill, till he has cleared himself of the imputation that lies upon him, before H.M. Governor there. Signed, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior, Dartmouth, Robt. Cecill, Ph. Meadows. (Autographs.) 1 p. Enclosed,
1189. i. Extract of letter from Governor Sir B. Granville referred to in preceding. 1 p.
1189. ii. Copy of Proceedings of Court Martial referred to in preceding. 2½ pp. [C.O. 28, 38. Nos. 17, 17. i., ii.; and (without enclosures) 29, 8. p. 334.]
Oct. 25.
James River in Virginia.
1190. Sir Thomas Laurence to the Council of Trade and Plantations. Not having had any directions from the Honble. Mr. President Tench to examine or sign or send to your Lordshipps any Journalls or accounts of any publick transactions, excepting that relating to Captain Bostock, since Col. Blakiston left Maryland, I presume to acquaint your Lordships with some passages which have occurred since I had the honour last to write to the Honble. Board: Last Whitsuntide going to the yearly meeting of the Quakers at West River, which is also a general rendezvous of all persons who have business with one another, I could not but take notice of the bold and insolent behaviour of one Thomas Story, a leading Quaker of Pensilvania, and an officer in Mr. Pen's Government, this Person, not content to declare blasphemously a Commission by divine immediate inspiration to convert the people of Maryland to the only truth, held forth as he said by the Quakers, —preach't down with all the force he had both the doctrine and discipline of the Church of England, especially in the Sacraments of Baptism and of the Lord's Supper; so that severall good women who had been godmothers refused to stand any more in that relation; in the same manner he preach't triumphantly along our Western shore, being attended by the principal Quakers through Baltemore County to Pensilvania; I acquainted Mr. President with this their impudent proceeding, with whom I could find no better expedient to put a stop unto it then by accompanying Mr. George Keith and Mr. Talbot (who came a while after to us from Virginia) to the churches and places nearest where he had been, to recover the amused people by exposing their heresyes and false doctrines. But since your Lordships in settling our law for Religion (so graciously confirmed by H.M. and now printed among us) have so prudently taken care that the Quakers, if they will claim the benefit of the Acts of Toleration, shall qualify themselves according to those Laws, we have little reason to fear that hereafter they will gain any ground among us; one thing is worth the taking notice of on this point, that they still as much as ever exhort and encourage one another to make no voluntary payment of the forty p. Poll: but to suffer distress as if no such law had been made, nor they ever concerned themselves about it. About the beginning of August, being desirous to avoid the great heats of that season, and to wait on my Lord Cornbury, I took a journey to New York; my Lord having some time before required of the Government, that the 300l. before given by the Assembly as their Quota for the defence of Albany (which now if ever needs it from the late excursion and great mischief the French Indians made and did upon the frontier of New England) should be remitted unto his Lordship, I acquainted Mr. President with my intent of going thither and with my readiness to doe the country that service of carrying those bills, and bringing back such a discharge from my Lord as they desired, without any charge to the Government. Mr. President was very well pleased with the offer, but the Gentlemen of the Councill who met soon after, agreeing to make that payment in some other way, nothing was then done, nor know I what is since done in it: I had the good fortune to meet my Lord Cornbury at Philadelphia, whither he was invited and nobly entertained by Col. Quary, and to wait on him to Burlington, where after his Lordship had in six days executed H.M. Commission for the Jerseys to their universall satisfaction, I attended him to New York, being received by his Lordship in a manner far beyond my deserts, untill he went up to Albany about the middle of September to give a meeting to the Indian Sachems, and to take effectual order for the perfecting the fortifications he had designed and begun both there and at Schenectady. The magazeen his Lordship hath built in the Fort at New York is so deep, strong and well-covered, that it is impossible any cannon, bomb or fire should ever to hurt it. My Lord's return was expected Oct. 1st to hold the Assemblys at New York and at Amboy in East Jersey, where it is not doubted but that his Lordship's generosity and prudence, having created him so great an interest in the love and affections of those people, all things will be concluded for H.M. honour, and according to her expectation. At this time a great cold and feavrish distemper hindring my return to Maryland as I designed, I took the opportunity of returning home by Virginia in the Jersey, Capt. Rogers Commander, (who was ordered by my Lord to convoy two vessells from New York which now design home with the grand fleet of nigh sixty sail) in hopes of meeting H.E. Coll. Seymour, our Governor, and of attending him to Maryland, but as yet we have no news of that fleet; I heartily wish that when they arrive, the severe and early frost the last of September and a more terrible storm which since hath overturn'd a great number of tobacco houses, and destroyed a great part of this year's cropp, may have left enough to load them according to their expectations. At my arrivall here the 8th instant, I found Governour Nicholson just upon the recovery from a dangerous feaver, but nothing hath been able to hinder his indefatigable industry in presiding and dispatching all the business of the Generall Court from whence wee this night expect him, to give all necessary orders for helping to repair severall shipps shattered in the late storm, and for the making up and dispatching away the fleet; I know not what aspersions some malicious persons, never to be pleas'd, never to be obliged, may have raised against H.E. at home, but this I can affirm as an eye and ear witness, that all good men joyn in giving him his due and just commendations for his generosity, charity, courage and justice, and which his most partial enemys cannot deny him; I have seen myself through Maryland, Pensilvania, Burlington and New York, the many churches in which he hath laid either the foundation or the finishing stone, beside those of Carolina and New England, where I have never been, so that I trust for the generall good of all these H.M. American Provinces, his adversaryes who have so seldome done any great or good action will never (through your Lordships' patronage) be able to hurt him. In Maryland Captain More, Commander of the Oxford, having in his voyage hither taken a rich prize of 700 hogsheads of sugar coming from St. Domingo, had her lately condemned to the value of above 3, 000l., H.M. part (there being no Commissioner appointed by the Prize Office) is secured in the hands of George Plater, H.M. Receiver, in which the Honble. Coll. Quary took particular care. About the same time Mr. Charles Carroll, Atturney to my Lord Baltemore, in great favor with him, and who of late years hath taken up great tracts of land in Maryland, especially in Baltemore County, arrived there, bringing with him nigh 200 Irish Papist servants and some Priests, as I am informed, these when they come to be free will no doubt be troublesome enough and greatly strengthen and promote the interest of the Roman party. I only represent the fact, but if such colonys by this example be repeated, I humbly offer to your Lordships' consideration what will be the consequences. Before I left New York I wrote to Mr. President Tench, requesting him that if he sent any Journalls of Councill to your Lordships by this fleet I might see, peruse and sign them here, but I have no account from him, and therefore humbly beg your Lordshipps' pardon for an omission which this time I cannot help, though indeed those Journalls of Councill only lying in Mr. Bladen's office as Clerk of the Councill, never come into mine, tho' I have ever signed them. Signed, Thoms. Laurence. Endorsed, Recd. Read Jan. 11, 170¾. 4 closely written pp. [C.O. 5, 715. No. 76; and 5, 726. pp. 269–277.]
Oct. 25.
1191. Council of Trade and Plantations to the Earle of Nottingham. Capt. Richards, Cheif Engineer and Capt. of the Company of Foot at Newfoundland, having left that place with the ships commanded by Vice-Admiral Graydon, the eldest Lieutenant remaining there, has sent us the examination of two deserters from Placentia, which bringing intelligence of importance, we transmit the same to your Lordship for H.M. information, and we cannot but further observe to your Lordship that the place is left without an Engineer or Capt., which may be very prejudicial to H.M. service in this conjuncture. Signed, Wm. Blathwayt, Jon. Pollexfen, Robt. Cecill, Ph. Meadows, Mat. Prior. Autograph signatures. 1 p. Enclosed,
1191. i. Copy of Examination of Laville and Belrose, two deserters from Placentia, Sept. 26, 1703. They left that place the 16th inst. Two men-of-war came in the 6th with 500 men each, besides 3,000 that was already in the place ready to oppose our landing, which they immediately expected upon discovering 7 of our ships off the Bay, and put 300 men into the Redoubt, which has ten pieces of cannon. The two men-of-war which arrived there were 60 gun ships. Four more they dayly expected, which were designed to attack St. John's by sea, having mortars and bombs on board. The Governor has appointed 500 men to march in the meantime overland. The six saile of men of war are to be under the command of Mons. Barbina. This winter there will remaine in Placentia 1,500 good men. There is provisions in the Fort for that number for a twelve month. The Grand Fort has 38 pieces of cannon and a new little Fort, and at the mouth of the Bay 6 guns. Signed, Tho. Lloyd. 1 p. [C.O. 194, 22. Nos. 8, 8. i.; and (without enclosures) 195, 3. p. 252.]
Oct. 25.
1192. Journal of Council of Trade and Plantations. Letter to Lord Nottingham signed. Ordered that a copy of the proceedings of the Court Martial referred to by Sir B. Granville, Aug. 3, be sent to Mr. Sansom.
Letter from Lieut. Lloyd, Oct. 4. read. Letter to Lord Nottingham, with copy of enclosure, ordered. Ordered that Mr. Thurston have notice to attend to-morrow.
Letter from Sir B. Granville to the Secretary, Aug. 8, read.
Oct. 26. Letter to Lord Nottingham signed.
Copies of the Kingston Act granted to Col. Lawes, and ordered to be given to the Gentlemen of the other side, if they desire it.
Their Lordships considered the draught of a Representation upon Col. Quary's letter of July 25, relating to the security of the Trade of the Plantations.
Oct. 27. Draughts of letters to several Governors were agreed upon.
Representation on Col. Quary's letter further considered. [C.O. 391, 16. pp. 241–245; and 391, 97. pp. 633–641.]
Oct. 25. 1193. Journal of Assembly of Barbados. Absent members fined. Present Members being but 14 adjourned till Nov. 9. [C.O. 31, 7. pp. 119, 120.]