Petition of Capt. John Bown, John Roise, Richd. Salter,
Anthony Woodward, and Will. Laurence jr., read, complaining
of five undue elections in the Eastern Division. Ordered that
the Sheriff, Tho. Gordon, make his answer thereto, with leave
meantime to send for such persons as he should want for his
Bills to confirm the Proprietors' Right to the soil, as recommended in H.E. Speech; and against purchases of land from the
Indians without the Proprietors' consent; and for reconciling
the differences of the Province, ordered to be prepared.|
Message sent up praying H.E. to favour the House with the
Laws of the Western Division. H.E. informed the House that
he had the Book of the Laws of West Jersey, but having put
it up in a box with other books, they were left at Elizabeth Town,
but the House should have them to-morrow.|
Richard Salter etc. granted leave to call evidence for their
petitions, not exceeding 20 persons.
Motion about money advanced on the credit of Acts formerly
made in the Western Division referred to Committee of the whole
House. [C.O. 5, 1019. pp. 469–477.]|
1250. Stephen Mason and Nicholas Oursel to the Council of
Trade and Plantations. Memorial relating to the importing
pitch and tar from America. Concludes that it may be most for
H.M. service to employ some merchants here versed in the trade
of that country to purchase by their factors said stores upon
H.M. account, to be brought home in H.M. ships etc. Signed,
Ste. Mason, Nich. Oursel. Endorsed, Recd. Read Nov. 11,
1703. 1 closely written p. [C.O. 5, 863. No. 58; and 5, 911.
1251. Order of Queen in Council. Repealing two Acts of
New Hampshire as recommended in Representation of Oct. 29.
Signed, John Povey. Endorsed, Recd. Read Jan. 24, 170¾.
1 p. [C.O. 5, 863. No. 57; and 5, 911. pp. 188, 189.]
1252. Solicitor General to the Council of Trade and
Plantations. I have considered the Acts of Jamaica March 17,
170½. The Act for quartering officers and soldiers is expired,
and the Act for receiving the additional duty. The intention of
the Act prohibiting the exportation of arms, provisions etc.
to strangers in tyme of danger is to prevent the French and
Spaniards from being supplied from Jamaica, but the enacting
part prohibits the exportation of arms, ammunition, flower,
beef, pork, fish or any other sort of provision, and also cables,
anchors, sails, rigging, pitch and tarr for any purposes, or on
any occasion whatsoever, except to some few particular places
mentioned in the Act. If your Lopps. should think such a general
prohibition necessary during the warr, yet this Act is penned
in such general words that it may expose innocent persons who
have no intention to break this law to very severe penalties.
The allowing 10l. out of every 100l. forfeiture to the Attorney
General for his share, and disabling him to enter any nolle prosequi
upon any information, I conceive to be unpresidented, and highly
derogatory to the Queen's prerogative. The Attorney General
is ex officio to prosecute when he thinks it reasonable, but the
allotting such a share out of every forfeiture to him may give
occasion to suspect that many unreasonable prosecutions may be
made and carried on for his interest only. In regard to the
allotting such a part of the penalty to the Attorney General
and restraining the entry of any nolle prosequi, tho the Act had
been so drawn as to answer the intentions of it, I humbly conceive
the same ought not to be approved.
The Act for naturalization of Josiah James Hanses, a minor,
and others, doth not only naturalize Hanses but all other persons
whatsoever already born, or who shall at any time hereafter
be born on the High Seas of English parents in an English bottom
navigated according to the law of England and sailing from any
of the Queen's dominions to Jamaica. No such general
naturalization has ever passed in England. In the 9th of K.
William III an Act passed in England for naturalizing the children
of officers and soldiers and others borne abroad during the late
warr, whose parents had been in the service of the government,
but this Act naturalizes all, whether their parents had been in
the service of the Govmt. or not, and is not restrained to the
late war or any tyme past, but is perpetuall. This Act renders
H.M. prerogative in making denizens within that Island so far
useless as this Act extends, for which reason I conceive it not
fit to be approved, tho I have no objection against that part thereof
that relates to the naturalization of Hanses therein particularly
named. Signed, Sim. Harcourt. Endorsed, Recd. Nov. 12, 1703.
Read March 28, 1704. 1¾ pp. [C.O. 137, 6. No. 17.A.; and
138, 11. pp. 158–161.]|
1253. Order of Queen in Council. Approving Representation
of Oct. 22 and ordering a letter to be writ to the Lieutenant
Governor and Council of Jamaica taking notice of the disorders
mentioned, and H.M. dislike thereof, and enjoyning the Assembly
to lay aside their private heats and animositys and to attend
with diligence and moderation H.M. service and the publick
welfare of the Island. The Council of Trade and Plantations
to prepare a draught of the said letter for H.M. signature. Signed,
John Povey. Endorsed, Recd. Nov. 24, Read Dec. 22, 1703.
1 p. [C.O. 137, 6. No. 16; and 138, 11. p. 94.]
1254. Order of Queen in Council. Upon reading Representation of Oct. 22, ordered that an extract be sent to the Council
of H.R.H. the Lord High Admiral, who are to examine the late
proceedings of the Captains of the men of war at Jamaica, in
reference to the impressing of seamen, and to lay before H.R.H.
such further Instructions as may be necessary to be given for
preventing the like irregularitys and mischeifs in the impressing
of men in Jamaica and the other the Plantations for the future.
Signed, John Povey. Endorsed, Recd. Nov. 24, Read Dec. 22,
1703. 1 p. [C.O. 137, 6. No. 15; and 138, 11. pp. 92, 93.]
the Court St. James's.
1255. Order of Queen in Council. Repealing the Act of
Jamaica for the encouragement of privateers, upon the Representation
of Oct. 22. Signed, John Povey. Endorsed, Recd. Nov. 24,
Read Dec. 22, 1703. 1 p. [C.O. 137, 6. No. 14; and 138, 11.
pp. 91, 92.]
1256. Order of Queen in Council. Approving Representation
of Oct. 15 relating to the Officers at Jamaica, and ordering the
Council of Trade and Plantations to prepare an Instruction to
the Governor in Chief who shall be appointed by H.M. for the
Island of Jamaica, according to the said Representation. Signed,
John Povey. Endorsed, Recd. Nov. 24, Read Dec. 22, 1703.
¾ p. [C.O. 137, 6. No. 17; and 138, 11. pp. 90, 91.]
1257. Journal of Council of Trade and Plantations. Memorial
from Mr. Mason and Mr. Oursel, about pitch and tar, read. The
letter writ to Mr. Secretary Hedges upon that subject being
received back, in order to such additions and amendments as
may be thought fit, their Lordships accordingly agreed upon
some, and ordered it in that manner to be transcribed, and the
memorials of Mr. Haynes and Mr. Bridger (Nov. 10) to be
thereunto annexed, together with this of Mr. Mason.
Above letter signed.
Letter from Major Yeates read.|
Memorials of Sir B. Gracedieu etc. read.|
Letter from Lt. Gov. Bennet, Aug. 9, read, and enclosures laid
before the Board. [C.O. 391, 16. pp. 263–268; and 391, 97.
St. Jago de la Vega.
1258. Minutes of Council of Jamaica. Peter Beckford and
William Nedham were offered and approved as the Secretaries of
Chas. Chaplin, Receiver General. Ordered that his accounts be
audited. [C.O. 140, 6. pp. 182, 183; and 194.]
1259. Minutes of Council in Assembly of the Massachusetts
Bay. H.E. could not come to town by reason of his sickness.
H.E. continuing ill, the Council adjourned till 15th. [C.O. 5,
789. p. 884.]
1260. Council of Trade and Plantations to Mr. Secretary
Hedges. In reply to letter of Oct. 30. Pitch and tar may be
had from all H.M. Plantations on the continent of America, but
with the greatest convenience and in the greatest plenty from
New England. Hitherto, for want of encouragement from
England and by reason of the desertion of the northern parts of
New England, occasioned by the incursions of the French and
their Indians, no undertaking of this kind has been pursued
by private persons. Present the petition of Sir M. Dudley etc.
to the Lords of the Council, and give an abstract of their
proceedings in relation to Naval Stores. Signed, Weymouth,
Dartmouth, Cecill, Ph. Meadows, John Pollexfen, Mat. Prior.
[C.O. 5, 911. pp. 141–151.]
1261. Sir B. Gracedieu and others to the Commissioners of
Customs. Repeats arguments concerning Port Royal and Kingston.
See Oct. 30, and Nov. 8. Signed, Bartho. Gracedieu, Benj. Way,
James Whitchurch. Endorsed, Recd. Read Nov. 12, 1703.
Copy. 2½ pp. [C.O. 137, 6. No. 18.]
Office of Ordnance.
1262. Board of Ordnance to the Council of Trade and
Plantations. Mr. Sherrard who went last year Engineer from this
office to Barbados being dead, and H.M. having ordered another
forthwith to be sent, and we being informed that Col. Romer
may without prejudice to H.M. service be removed from New
England to Barbados, would know if your Lordships have any
objections. Signed, Granville, Wm. Bridges, Ja. Lowther, C.
Musgrave, Ja. Craggs. Autographs. Endorsed, Recd. Read
Nov. 16, 1703. 1 p. [C.O. 28, 6. No. 107; and 29, 8. p. 342.]
1263. J. Burchett to Wm. Popple. H.R.H. desires that
my Lords of the Council for Trade and Plantations will report
to him as soon as conveniently they can what times may be most
proper for the convoys to sail from hence, and how long it may be
convenient to remain in those parts for bringing home the
respective trades. Signed, J. Burchett. Endorsed, Recd. Read
Nov. 16, 1703. Addressed. ¾ p. [C.O. 323, 5. No. 23; and
324, 8. p. 279.]
1264. Lieut. Lloyd to the Council of Trade and Plantations.
Captain Michael Richards who lately commanded H.M. Company
of Foot here, being gone for England, I thought it my duty, being
the next officer in command, to give your Lordships an account
of the affaires of this country. Encloses a muster roll of the
Company. The depositions of the deserters from Plasentia with
a list of the inhabitants in and about St. Johns, who this year is
much lessened to what was usuall, through the means of the New
England ships, who to the prejudice of this country have allwayes
made it their practice to entice and carry away the people of
this place; there being noe power nor orders of punishment for
such crimes which makes ym. act wholely for their own interest
not valuing the publique good, which in time, if not prevented,
must needs prove very detrimentall to the Fishery of Newfoundland. I allso send an account of cloaths damnifyed that was
sent to this Company this year, as appeared by the survey of
Masters of shipps and others; the necessity the soldiers were in
for cloaths obliged me to take the methods inclosed, which I
hope your Lordships will approve of. I find also that some of
the provisions for the garrison is damaged, which to me appears
to be received on board the ships, as likewise the cloathing. I
humbly pray that the Commodore for the ensuing year may have
orders to examine into these affairs, and hope your Lordships
will give such orders that I shall be no sufferer in what
disbursements I made, as shall be made appear to be for the
good of the service. I have prevailed with the inhabitants of
St. Johns, to contribute a small sum towards maintaining of
spies to procure intelligence from the enemy at Plasentia, a copy
of which I inclose. I have sent three men towards Plasentia
Oct. 29, but by badness of weather are not yet returned. I
question not having once a month an account of the French
proceedings there, which I shall be carefull as opportunity serves
to return your Lordships. Nov. 7th, 7 Frenchmen surprized
Renous near Ferryland, and did the people much damage. They
reported there was two large ships arrived at Plasentia lately,
loaded with provisions. The soldiers are more contented than
was once expected, and am fully sattisfyed none will desert this
year. But I humbly pray there may be a releif next spring,
some of them having been kept in the country for 7 years past,
which is ye needfull from, Signed, Thos. Lloyd. Endorsed,
Recd. Dec. 8, 1703, Read March 21, 170¾. 2 pp. Enclosed,
1264. i. Abstract of preceding. 1 p.|
1264. ii. Muster-Roll of the Company at Newfoundland;
Oct. 8, 1703. 91 men and officers. Endorsed as preceding. 1 p.|
1264. iii. Copy of the Examination of Laville and Bellrose.
[See Oct. 4.]|
1264. iv. Examination of Jon. Grimma and Lassuse, two
deserters from Placentia. Corroborates preceding. 1½ pp.|
1264. v. List of the Inhabitants of St. John's Harbour,
Newfoundland, Nov. 8, 1703. 79 masters (names given),
148 servants, 68 women, 78 children; of Quidvidy,
28 masters (names given), 44 servants, 12 women, 10
children; Petty Harbour, 19 masters, 35 servants, 6
women, 4 children. Endorsed as preceding. 3 pp.|
1264. vi. Certificate as to damaged cloaths referred to above.
Signed, Tho. Whitroe, Wm. Oulder, Jon. Roope.
Oct. 28, 1703. Endorsed as preceding. 1 p.|
1264. vii. Account of expenses in supplying the Company at
Newfoundland with cloths in the room of them damnifyed
81l. 3s. 0d. Signed, Tho. Lloyd. Endorsed as preceding. 1 p.|
1264. viii. Subscription of inhabitants of Newfoundland for
maintaining spies to procure intelligence of the enemy
at Plasentia. 60 names. Total subscribed, 9l. 14s.
Endorsed as preceding. 1½ pp. [C.O. 194, 3. Nos. 3,
3.i.–viii; and (without enclosures) 195, 3. pp. 271–275.]|
1265. Journal of Council of Trade and Plantations. Letter
and Papers from Lt. Gov. Bennet, Aug. 19 [? 9], considered,
and directions for a reply given. Letter to Mr. Burchet ordered,
to ask for the due form of Commissions granted to privateers
here, and which may be fit to be granted by the Governors of
Plantations on like occasions. Letter ordered to desire Capt.
Bennet's brother to attend.
Col. William Thomas [No. 1270] heard. Some of the
deputation added that they had seen a list of 70 ships taken and
carried into Martinico since the beginning of the war till June;
that they had an account of 22 privateers cruising in those seas;
that 1,100 negroes from Guinea had lately been taken in those
parts when arrived in sight of their port; and that when Col.
Thomas came away, there was not one English man of war remaining there. Letter ordered wherein to transmit a copy of the
said memorial to Mr. Burchet for the information of H.R.H.
Mr. Byfeild presented a memorial from the Pennsylvania
Company with proposals for importing Naval Stores from Carolina,
which was read; but whereas they desire a Charter, their Lordships
acquainted him with the necessity of a clause to prevent the
ill consequences wch. are apprehended from Stock Jobbing, and
desired him to consider with the other Members of the Company
upon means of doing it, as private undertakers, without such
Charter, which he said he believed they would not agree to, but
promised a further answer on Thursday.|
Letter from Mr. Burchet, Nov. 13, read and directions given to
book into what has been formerly done by this Board upon the
Letter from the Board of Ordnance, Nov. 13, read. Ordered
that Mr. Champante attend on Thursday.|
Letter from Lord Nottingham, Nov. 16, read. Enquiry was
made of Col. Thomas concerning the Guardaloupe affair, who
being [? un]able to give any information, but directing to Major
Jones, an officer belonging to Col. Whettam's Regiment, lately
arrived from thence, who was in the expedition, a letter was writ
desiring him to lay before the Board an acct. thereof in writing
Letter to Mr. Burchet approved and sent.|
Letter from Mr. Dummer, Nov. 17, read.|
Letter from Gov. Sir B. Granville, Sept. 3, read. [C.O. 391, 16.
pp. 268–275; and 391, 97. pp. 695–704.]|
1266. Minutes of Council in Assembly of the Massachusetts
Bay. H.E. communicated Gov. Winthrop's letter, in answer
to his for assistance.
Bill about Pounds passed.|
Message sent down to enquire what the Representatives had
done upon consideration of H.M. commands. Reply, that the
weather had prevented many of their Members coming, and they
had not a full House at present, but were preparing their answer
to H.M. two letters.|
Message sent to the House forthwith to lay a copy of
their Address, sent to H.M. concerning Pemaquid, before the
Report of the Justices of the Superior Court upon appeals from
nonsuits etc. sent down.
Upon application, the House returned H.M. two letters.|
Petition of Elizabeth Shrimpton, with the order of the Representatives that it be referred to the next session, read, and, the
question put for concurrance, it was carryed in the negative.|
Bill about Pounds read and passed.|
Petition of several towns of Hampshire for some allowance on
accompt of their charges in garrisoning, read and sent down.|
Allowance to Joseph Beane agreed to.|
Order sent up, that the Committee appointed in June to prepare
a bill for encouraging Schools be revived, agreed to.|
Message sent up from the Representatives, praying the copies
of H.E.'s letters, sent to Whitehall referring to this Province,
may be laid before them, wch. H.E. was pleased at the Session
of this Court in Cambridge to say he would favour them with.|
Resolve of the Representatives for further encouragement to
the forces etc. agreed to with an amendment.|
John Usher made his motion to the Board with reference to
his accompts as formerly Treasurer of New England, and his
claim of money due to him upon the ballance, upon which H.E.
sent down for the report of the last Committee upon said accounts,
which was sent up, read and returned.|
H.E. appointed a General Council to meet on Nov. 23.|
Verbal message sent up, in reply to the request for the Address
last night, that the Journal of the House is open and H.E. and
Council may appoint a Committee to inspect it. H.E. replied
that a written message was sent from the Board and a written
answer was expected.|
Resolve sent up, fixing the wages of officers and soldiers
employed during the war. It was returned with the observation
that there was no provision made for any Field Officer above the
degree of a Major, and his pay as such only to continue while out
after the enemy. The resolve was sent up again, with a message
that the House insisted thereon.|
Message in writing sent up, in answer to H.E. Speech. (1) As
to perpetual salaries: It hath been the privilege from Henry III
and confirmed by Edward I and in all reigns unto this day granted,
and now is allowed to be the just and unquestionable right of ye
subject to raise when and dispose of how they see cause any sums
of money by consent of Parliament, the wch. priviledge we H.M.
loyall and dutiful subjects have lived in ye enjoyment of, and
do hope always to enjoy ye same under our most Gracious Queen
Anne and Successors, and shall ever endeavour to discharge the
duty incumbent on us, but humbly conceive ye stating of perpetual
salaries not agreable with H.M. interest in this Province, but
prejudicial to H.M. good subjects. (2) For the building a Fort
at Pemaquid, we humbly conceive H.M. hath received
misrepresentations concerning that affair, at least our apprehensions of it do not concurr wth. what hath been represented to
H.M., wherefore this House sent home their humble Address and
Memorial, March 27, 1703, to lay before H.M. why we did not
comply with her directions; (1) the little advantage it was
formerly to us altho not less then 20,000l. expended. (2) The
scituation being out of the ordinary way of the Indians, and
more than 100 miles distance from any English Plantation.
(3) For the now building and maintaining it the great charge
will be such that this countrey cannot possibly subsist under,
in regard of the several large sums laid out in the raysing new
fortifications on Castle Island etc. The fresh unaccomptable
charge created by the present war with the Indians, we humbly
conceive is argument enough, were there no other, for our not
building the same.|
Message sent down to enforce the message sent two days since
for a copy of the Address to H.M. H.E. afterwards directed
the Secretary and John Foster to carry the same message, and
withal to intimate to the House the usage of the two Houses
of Parliament, vizt. that when the House of Lords desire to inspect
ye Commons' Journal, the Clerk of that House attends their
Lordships wth. the bookes, but when ye Commons desire to
inspect the Lords' Journal, they do it by a Committee. And
that he onely expects either a copy, or their Clerk to attend
and read the same out of their bookes.
Message sent up, that the Journal of this House is open to the
view of such as the honble. Board shall send to inspect the same,
which we apprehend is as much as is customary to be demanded
by one House of Parliament by another.|
Resolve sent up and agreed to, that 60l. be paid to Mr. Samuel
Willard, Vice-President of Harvard Colledge, for his service the
H.E. sent a message to the Representatives, that he is in Council,
and directs that Mr. Speaker and the House do forthwith attend
him with the Journal of their House. Some of the Representatives
attended H.E. to acquaint him that it being full noon, and many
of their Members out upon Committees, Mr. Speaker and the
House prayed their attendance might be excused till after dinner,
wch. he granted.|
Mr. Speaker and the House attending, H.E. intimated the
occasion of sending for them, viz. the message sent them in the
forenoon, referring to their Address to H.M. Mr. Speaker
answered their Journal lay upon the table in their own House,
open to the view of any Committee to be appointed by the Board,
but the House did not understand it to be ye practice in Parliament,
nor had it been the usage in this country to bring up their Journal;
Message sent down to inquire whether the House had had
any further consideration of that matter since their attendance,
who returned answer from the House that they were upon
Petition of Thomas Hapgood of Marlboro' with the resolve of
the Representatives thereon, that he be allowed 5l. for his wound
in the publick service, read and agreed to.|
Message sent up that if H.E. and Council please to appoint a
Committee, the Clerk of their House should attend them to draw
a copy from their Journal of their Address to H.M. [C.O. 5, 789.
1267. Journal of Assembly of New Jersey. Records of the
former Laws of East and West Jersey laid before the House.
Application made to H.E. to enquire into the qualification of
Rich. Hartshorn to sit in this House.
Committee appointed to prepare a Bill to reconcile the differences
of the Province, reporting that they cannot find any instances
that require an Act of Indemnity to be so suddenly past, Resolved,
that further consideration of the matter be referred till next
Committee of Council attended to swear withnesses.|
Ordered that Mr. Hartshorn and John Reid and Tho. Gordon,
who complained that he was not duly qualified, attend the
Governor and Council.|
Ordered that Candles be brought in. Mr. Gordon's answer
(Nov. 12) was heard.|
Upon examination of Mr. Hartshorn, the Governor desired
him to qualify himself as the Law requires. Ordered that he
withdraw from the House until he do so.
Witnesses to Mr. Gordon's reply (Nov. 16) examined. [C.O. 5,
1019. pp. 477–480.]|
1268. Lords Proprietors of Carolina to the Council of Trade
and Plantations. Having received an Address from Carolina
wee have thought fitt to lay a copy of it before your Lordships,
wherein your Lordships may perceive the due care we have taken
for the welfare of the said Colony, nor have we omitted anything
on our part for the protection thereof. But the same being become
a frontier by reason of the warr with Spaine, is subject to the
sudden incursions of the enemy and to prevent the ill consequence
of so dangerous a situation, we think fit to acquaint your
Lordships, that we have several watches settled along the sea coast
to observe their motions, as also a body of men posted at Port
Royal to resist them in case they come within land, whereby we
are obliged to a greater charge than any profitts we receive from
our Colony is able to support; therefore we hope, my Lords, to
have your Lordships' concurrence and favour towards the
obtaining H.M. most gracious protection and assistance in the
defence of our Colony at this time of eminent danger as is desired
by the inhabitants of Carolina in their Adress. Signed, Granville,
Palatine; Craven, Granville for Lord Carteret, M. Ashley, J.
Colleton. Autographs. Endorsed, Recd. Read Dec. 6, 1703.
Addressed. 1 p. Enclosed,
1268. i. To H.E. John Granville Esq. Palatine and the rest
of the true and absolute Lords and Proprietors of the
Province of Carolina—The humble Address of the
Commons assembled this 15th day of April, 1703. We
cannot but humbly and gratefully acknowledge your
Lordships' favours and care of us in commissionating
the honble. Sir Nathaniel Johnson, Knight, our
Governour and Captain General, who is not only the
most worthy, most honourable and most capable to
administer the Civil Government of any your Lordships
hath hitherto placed over us, but is the only experienced
military Commander we ever had, and that such a
General at this time of warr is absolutely necessary for
the defence of this your Lordships' Colony. The boldest
and best men do voluntarily offer to take military
commissions under him which encourages the soldiers
so that we have reason to expect from our generals
knowledge in the art of warr and from his care and
conduct a good and well disciplined and regulated Militia.
Your Lordships' paternal care thus demonstrated to
us in this time of warr gives us reason to beleive your
Lordships have yet some value for us as well as it puts
a value upon ourselves and further encourages us to
address your Lordships to send us a supply of
ammunition (ours being spent in the late expedition)
assuring ourselves of your Lordships' compliance and
not doubting there will be anything wanting that your
Lordships can do or procure for us from H.M. for our
necessary defence. And therefore we hope your
Lordships will be pleased to interceed with H.M. that
she will please to send us stores, ammunition and forces
and a small frigate to cruse upon our coast for our defence,
without which this your Lordships' Colony cannot be
safe, for we are here a frontier to the enemy. And
tho' we are immediately under your Lordships'
Government, yet we are H.M. subjects, and we hope
through your interest she will be graciously pleased to
protect us, by which means we shall be empowered not
only to defend ourselves, but shall be also able and
willing again to attack and destroy St. Augustine.
Thus taken care of and protected by your Lordships
and by your interest with the Crown, and our forces
headed and directed by such a General we doubt not
but in case of an invasion (which we have too much
reason to expect) we shall make a vigorous and stout
opposition against the attempts of the enemy in defence
of your Lordships' Colony and make a perfect conquest
of the citty and castle of St. Augustine, the consequence
of which will be (as well as securing your Lordships'
Colony) as also adding a further and larger addition
to H.M. Revenues, and the gaining of all the coast of
Florida to the Crowne. Signed, Job Howes—Speaker.
1 large p. [C.O. 5, 1262. Nos. 53, 53.i.; and 5, 1290.
1269. Pensilvania Company to the Council of Trade and
Plantations. Propose, in 12 months after advice can be given
to their factors in Carolina, to furnish the Govt. with 200 barrels
of pitch at 18s. per b. and 400 barrels of tar at 8s. per b., and
deliver the same to the Queen's Agents in Carolina, increasing
the quantity yearly. There are better masts for shipping in
Carolina than in New England, a sample is ordered by the next
ship. The Company is ready to furnish the Govt. with beef,
pork, pease and bread etc. Propose that the Company have a
Charter the better to enable them to carry on their undertaking.
Signed, Thomas Byfeld for self and Company. Endorsed, Recd.
Read Nov. 16, 1703. 1¼ pp. [C.O. 5, 863. No. 59; and 5, 911.
pp. 151–153; and (memorandum only, ¼ p.) 5, 1262. No. 55.]
1270. Lieut. Coll. Thomas to the Council of Trade and
Plantations. Commissioner appointed by Gov. Codrington and
the Council of Antigua sheweth, that these Islands more than
any other of H.M. Plantations lye open and exposed to the
attempts of their enemies by reason of the nearness of the French
at Guardaloupe and Martinico and other their settlements, but
especially Antigua, upon the account of its many inletts and
creeks, and of its being the windwardmost of H.M. Leeward
Caribbee Islands, by which means their enemies obtain an easier
landing and a securer retreat. The French Privateers are now
more numerous in these parts than they were during the last
war when they were princepally ingaged against the Spaniards,
and their number is further augmented by those whose Plantations
and Estates at Guardaloupe were ruined and who thereupon
turned Privateers; so that there are no less than 22 of them
abroad at present in the neighbourhood of these Islands, one or
other of which is almost dayly annoyed by them, and (besides
many other ships that are taken) sustain the loss of almost all
the provision ships which are obliged to pass through such stations
as the enemies cruize in. These Islands, particularly Antigua,
(in which there are no less than 11,000 negroes) cannot possibly
exist without the importation of very large quantities of
provisions, which they generally receive from Ireland and the
English Colonies on the northward Continent of America.
Antigua in particular is extremely weak in its inhabitants, the
number of whom is considerably lessened, and those few are
so greatly fatigued by guarding, by frequent allarms and marches
for the necessary defence of the coast, that they apprehend
themselves in danger of losing all their settlers of the poorer
sort, who cant support themselves and their families under the
frequent and expensive attendances abroad to which the weakness
and nakedness of the Island obliges them. The great number
of ships and vessells already taken by those Privateers has not
only deeply wounded the inhabitants in their fortunes and
impoverished them, but has proved so great a discouragement
to Traders in general that the inhabitants will be destitute of all
manner of supplies for their support next year, unless some
effectual relief and present assistance be very speedily provided
for securing the coast and clearing the station by which the
trading vessells to these Islands are obliged to pass. And this
is the more to be feared inasmuch as they are credibly informed
that M. Robart, Intendant of Martinico, has some time since
been sent home by the French General to press the Ministry of
France for a squadron to attack these* Islands. Any successfull
attempt upon these Islands (besides the loss of the lives of so many
dutifull subjects) would be of the last consequence to England,
not only upon the account of the want of its customes and other
advantages received by the Trade of these Islands, but that
thereby the French would become masters of so great a number
of negroes as would enable them both to advance their Settlements
in Martinico and Guardaloupe and other their adjacent Islands,
and to make such considerable improvement in the French part
of Hispaniola as would render it a very important and formidable
Settlement. It is humbly pray'd, as of absolute necessity
(considering the small number of the inhabitants at present
upon these Islands and the danger of their still lessening) that
one Regiment of Foot more be sent thither for their security
during the continuance of the present warr; that a competent
number of ships may be ordered for guarding the coast, and
securing their provision ships and other trading vessells. And
they crave leave humbly to remind your Lordships that this
Government, consisting of several Islands lying at a distance
one from the other, about each of which French Privateers are
continually hovering, requires more ships to attend it than any
other single Island, tho' of much larger extent. They doe, with
humble submission. offer it, that one fourth rate and three other
smaller Frigates, from 20 to 30 guns each, are the least Naval
Force that can effectually secure the coast and trade of these
Islands, and that the nimblest and best sailers are the only proper
vessells for this service; for that any other will be of little use
against ships built on purpose for sailing. Signed, Wm. Thomas.
Endorsed, Reed. Read, Nov. 16, 1703. 2 pp. [C.O. 152, 5.
No. 39; and 153, 8. pp. 215–219.]
1271. Earl of Nottingham to the Council of Trade and
Plantations. The Queen would have you send me what letters
you have received from Colonel Codrington or from any other
person giving an account of the expedition to Guardaloupe, and
of the reason of the ill success in that attempt, on Thursday next
at noon. Signed, Nottingham. Endorsed, Recd. Read Nov. 16,
1703. 1 p. [C.O. 152, 5. No. 38; and 153, 8. p. 220.]
1272. Minutes of Council of Barbados. H.E. gave his
consent to the Excise Bill, and then adjourned till Tuesday,
there being only 4 members present. [C.O. 31, 8. pp. 149, 150.]
1273. Journal of Assembly of Barbados. The House met
by virtue of a special summons from H.E. Committee appointed
to consider of a method to ease the duty of guards, and to bring
in a Bill to-morrow.
Committee appointed to prepare a Bill for the encouragement
of a Regiment to be addressed for unto H.M. and for their
subsistence when arrived.|
Several petitions referred to a Committee. Addresses
Bill to ease the duty of guards, intituled for the better security
of the bays, towns and sea-coasts, read the first and second times.
[C.O. 31, 7. pp. 139–142.]
1274. Minutes of Council of the Massachusetts Bay. The
General Assembly being then sitting, H.E. intimated a General
Council on Nov. 23 for nomination of Commissioners for the
trial of an Indian, now in prison at Salem, for murder. [C.O. 5,
789. p. 546.]
1275. Sir Gilbert Heathcote to [? the Earl of Nottingham].
As to what your Lordship was pleased to take notice of, as if
ye sending out of these five ships with one man of war for Jamaica,
just before the Grand fleete was to saile for ye West Indies, seemed
to looke as if it was some perticuler favour to mee, in prejudice
to the rest of ye Traders, I do assure your Lordship that these
five ships were not fraighted by myselfe or in company with
other men, but were general ships (as we call them), yt. is ships
which took in any person's goods who sent them on board for
yt. place. Encloses list of 256 merchants and planters who shipped
goods on board them. They were goods ordered per the packquett
boat which brought the news of the fire at Port Royall Jan. 9
last; the ships and goods have laid in the river ever since June.
If we could hope that the Grand Flete for the West Indies would
be ready to sail in a short time, we should be content to stay
and goe along with them. Signed, Gilbert Heathcote. Endorsed,
R. Nov. 18, 1703. 2 pp. Enclosed,
1275. i. List of shippers referred to in preceding. 3 pp.
[C.O. 137, 45. Nos. 55, 55.i.]|
1276. Mr. Dummer to Mr. Popple. The Prince Sloop who
sailed Aug. 2 last arrived in Mounts Bay 13th inst., her course
has been as follows:—
Sailed from Falmouth Aug. 2. Arrived, Barbados Sept. 1.|
Sailed from Barbadoes Sept. 3. Arrived, Antegoa Sept. 10.|
Sailed from Antegoa Sept. 11. Arrived, Mountserrat Sept. 11.|
Sailed from Mountserat Sept. 13. Arrived, Nevis Sept. 14.|
Sailed from Nevis Sept. 15. Arrived, St. Xtophers Sept. 15.|
Sailed from St. Christophers Sept. 16. Arrived, Jamaica Sept. 25.|
Sailed from Jamaica October 1. Arrived, Mounts Bay Nov. 13.|
I shall humbly take leave to observe from the whole experience
containing seven voyages in the table following for their Lordships'
satisfaction that what I propounded to do is done to a scruple,
barring the accident of ill conduct, for those of the seas seem
not to be much by the little difference which arises in the time
spent by each boat respectively, as therein appears vizt.|
The voyages of the Sloops between England and the six Islands
in the West Indies;—|
Whence and when sailed.
Whence and when returned.
Sailed from the Needles 21
Returned to Falmouth 2 Feb.
Sailed from Plymouth 8 Dec.,
Returned to Plymouth 10
Sailed from Falmouth 30 Jan.,
Returned to Falmouth 16
Sailed from Falmouth 4 April,
Taken 35 leagues West of
Scilly 27 July following.
Sailed from Falmouth 9 May,
Returned to Falmouth 17
Sailed from Falmouth 30 June,
Returned to Mounts Bay 8
Sailed from Falmouth 2 Aug.,
Returned to Mounts Bay 13
I shall not enlarge upon the benefitts of such an assured
correspondence, it answers for itself, and time with proper
applications will produce much greater effects. Signed, E.
Dummer. Endorsed, Recd. Read Nov. 17, 1703. Addressed.
Sealed. 1 p. [C.O. 324, 8. pp. 280, 281; and 323, 5. No. 24.]|
1277. E. Dummer to the Earl of Nottingham. Similar
letter. Signed, E. Dummer. Endorsed, R. Nov. 17, 1703.
Addressed. Sealed. 1 p. [C.O. 318, 3. No. 20.]
1278. W. Popple to Josiah Burchet. The Council of Trade
and Plantations having been attended by several merchants
and Planters concerned in the Leeward Islands and more
particularly by Coll. William Thomas (see Nov. 16), authorized
by Col. Codrington, in pursuance of an Act of Antegoa, to set
forth the weak and hazardous circumstances of those Islands
in this dangerous time of war, and their Lordships finding this
service so pressing that they conceive themselves obliged to lay
the matter before H.M. in Councill, in the meantime send you the
inclosed copy of the memorial of the said Thomas, to be laid
before the Prince's Council for H.R.H. information. [C.O. 153,
8. pp. 220, 221.]
1279. Order of Queen in Council. Upon reading a Memorial
from H.R.H. the Lord High Admiral Nov. 9, vizt.—that complaints
are frequently transmitted to the Receiver of the rights of the
Admiralty from his Deputy in H.M. Plantations that notwithstanding there are regular Courts of Admiralty established for trying
prizes there, yet the Governors do not only pretend to an
authority, but actually doe dispose of the prizes without giving
any accompt of their produce, and proposing that H.M. strictly
enjoin them not only to permit prizes to be legally tried and
condemned by the Courts of Admiralty settled there, but that
they do take an especial care, as they will answer the contrary,
there be not anything whatever belonging to the prizes
Ordered, that it is hereby referred to the Lords Commissioners
for Trade to examine the matter of Prizes in the Plantations
and Lord High Admirall's dues in particular, and to report to this
Board how the same stands at present in reference to the Laws
and Practice of the several Plantations and the Instructions to
the respective Governors. Signed, John Povey. Endorsed, Recd.
Read Nov. 23, 1703. 1½ pp. [C.O. 323, 5. No. 25; and 324, 8.
1280. J. Champante to the Council of Trade and Plantations.
Prays on behalf of Col. Romer that he may not be sent to
Barbados before he has had the opportunity of recovering his
health here, which has suffered through his dangerous journeys
in fortifying the Frontier Provinces, etc. Signed, J. Champante.
Endorsed, Recd. Read Nov. 18, 1703. 2 pp. [C.O. 5, 863.
1281. Council of Trade and Plantations to the Earl of
Nottingham. In answer to letter of the 16th, we send the copy of
a letter from Coll. Codrington of Aug. 8, which is the only one
we have received relating to that expedition. Signed, Weymouth,
Dartmouth, Robt. Cecill, Ph. Meadows, Wm. Blathwayt, Jno.
Pollexfen, Mat. Prior. [C.O. 153, 8. pp. 221, 222.]
1282. Order of Queen in Council. Upon reading the
Petition of Edward Jones, Secretary and Provost Marshall Generall
of the Bermuda Islands, setting forth that the Governour hath
suspended him from both offices upon several Articles maliciously
procured and presented to the Governour and Councill there;
and humbly praying that the said Places may be restored to
him with the rents and profits of the same since his said suspension,
Ordered that it be referrd to the Council of Trade and Plantations
to examine the matter of the said Petition and Articles, copies
whereof are hereunto annex'd, as also the proceedings of the said
Lieutenant Governour in this behalf, and to report to this Board
what H.M. may fitly doe thereupon. Signed, John Povey.
Endorsed, Recd. Nov. 23, 1703, Read Jan. 14, 170¾. 1 p.
1282. i. Copy of petition of E. Jones referred to in preceding.
1282. ii. Copy of Articles against Jones referred to in preceding.
4½ pp. [Duplicate of Cal. A. & W. I. 1701. No. 797.ii.]
[C.O. 37, 6. Nos. 3, 3.i.ii.; and 38, 5. pp. 456–465.]|
1283. Journal of Council of Trade and Plantations. Major
Jones (see Nov. 17) declared that he had been long sick [at
Guardaloupe], and was not called to the Council of War, nor
had he kept any diary thereof; so that he was not able to give
any such particular account as was expected from him. Letter
writ to Lord Nottingham.
Letter from Mr. Burchet, Nov. 17, signifying that the form of
Commissions to Privateers may be had in Doctors Commons, read,
and a form accordingly sent for.|
Memorial from Mr. Champante in behalf of Col. Romer read.
Directions given for a letter to the Board of Ordnance.|
Mr. John Bennet attending [see Nov. 15] and being asked about
the dates of Commissions granted by his brother to privateers,
he promised to look into the copies that have been sent him
and inform their Lordships. Ordered that in the next letter to
Capt. Bennet he be directed to send an account of the ships so
commissioned by him etc.|
Upon further consideration of Mr. Burchet's letter of Nov. 13,
ordered that notice be given to the merchants trading to
Newfoundland, New England, Pennsylvania, Maryland and
Virginia, and to the Agents of Barbadoes, the Leeward Islands
and Jamaica, to attend.
The Pennsylvania Company presented a copy of their private
agreement and constitution by wch. they act, which was read;
but being asked whether they would not undertake to import
some quantitys of pitch and tarr for H.M. service in the same
manner, they declared that they were not willing to ingage
themselves as private merchants so deeply as an undertaking
of that nature would require, unless they might be incorporated
by a Charter, etc.|
Letter to the Ordnance Office signed.|
Letters from Lt.-Gov. Handasyde, Oct. 5 and 6, read, and
enclosures laid before the Board.|
Letters from Gov. Lord Cornbury, Aug. 5, read. [C.O. 391, 16.
pp. 276–282; and 391, 97. pp. 707–713.]|
1284. Minutes of Council in Assembly of the Massachusetts
Bay. Committee appointed to inspect the Journal of the
Representatives received a copy of the Address (see Nov. 17 etc.)
attested by the Clerk and examined in their presence. It being
observed that it had relation to a Memorial accompanying of it,
a message was sent down to desire a copy of the said memorial.
The House replied that they would prepare a copy.
Message sent from the Representatives to desire their Act for
ye establishment of officers' and souldiers' wages, that ye House
might have further consideration thereof. They returned it
with an amendment, raceing out the word [Major].|
Message sent down to move the House to consider of a suitable
allowance to H.E. the Governor etc.|
Petition of Elisha Hutchinson read and referred.|
H.E. not being able to come forth, was attended by the
Secretary, by whom he sent a message to the Council, that he
would have the Court to bring forward the things lying before
them, as to a supply of ye Treasury, and directing the method
for payment of soldiers.
Message sent down for copy of the memorial of the Representatives, which the messengers brought up with them.|
Message sent to H.E. for his direction for the Courts proceedure,
and H.E. intimated the bringing forward the necessary orders
for the supply of the Treasury and the methods for payment
of souldiers. Message sent to the Representatives accordingly.|
Bill directing how Debentures shall be granted for souldiers'
and seamen's pay was drawn up, read and debated.|
Bill relating to Appeals from judgements in Bar or abatement
sent up, was read a first, second and third time and debated.|
50l. paid to Lt.-Col. March.
16l. paid to John White, Clerk of the Representatives.|
Bill relating to Appeals rejected, and heads of a new Bill were
proposed. [C.O. 5, 789. pp. 889–891.]|
1285. Journal of Assembly of New Jersey. Evidence for
the regularity of Mr. Gordon's return for the election for the
Eastern Division was voted sufficient, and the petition of Capt.
John Bown etc. dismissed. The House refused to allow Mr.
Gordon charges against them, or to take cognizance of the Clerks
who took ye Poll at ye Election at Amboy and refused to deliver
them to ye Sherrif.
The House resolved itself into a Committee to consider of the
enforcing the payment of the deficiency of former taxes in the
Western division of Nova Cesaria.|
The Committee reported that a Bill ought to be drawn up to
enforce payment according to the quotas of those assessments
in the several laws by which said taxes were raised. Referred
till next Sessions, if time cannot now be allowed for considering
Bill to regulate elections of Assemblymen ordered to be brought
Resolved, that every member who shall be capable to be elected
to sit in General Assembly shall be vested of 1,000 acres of land
in his own right, or otherwise be worth 500l., and an inhabitant
in the Province. And every person who shall have a right to
elect shall be vested of 100 acres of land, or otherwise be worth
50l., the said lands or estate to be within the Province. [C.O. 5,
1019. pp. 480, 481.]|
1286. Copy of the Constitution of the Pennsylvania Company,
April 1st, 1695. Endorsed, Recd. Read Nov. 19, 1703. 6½ pp.
[C.O. 5, 1262. No. 54.]
1287. Council of Trade and Plantations to the Principall
Officers of the Ordnance. In answer to yours of the 13th we conceive H.M. service does require that an able Engineer be continued
in New England and New Yorke, for building and finishing the
fortifications necessary in both those Provinces, and more
especially by reason of the late invasion of the Pennycook and
other Indians who have already committed great mischeifs. But
whereas we have been informed of letters from Col. Romer and
by his correspondence here, that he labours under a distemper
not curable in those parts for want of experienced surgeons, and
therefore desires that he may be permitted to return to England,
we offer to you our opinion that he may have leave to returne
accordingly upon sending another fit person to succeed him.
As to an Engineer requisite in Barbados, we send you here inclosed
the extract of a letter lately received from the Governor, Sir
Beville Granville, concerning Captain Hayes. Signed, Weymouth,
Ph. Meadows, Jno. Pollexfen, Mat. Prior. [C.O. 29, 8. pp. 347,
1288. [? Sir B. Gracedieu to ? William Popple.]—There are
come in two ships who have lost most of their men by the sickness
at Kingston, and these that are alive remain still halfe dead.
But this day by the pacquett boat came the originall of wch.
the enclosed is a true copy, soe that contest is over, and the
Assembly are forced to repeal their own Act. ½ p., the remainder
torn off. Enclosed,
1288. i. Simon Mason and Co. to Geo. Mason and Co. Port
Royal, Oct. 7, 1703. Kingston is so fatal that it's
impossible to make any considerable settlement there,
where nothing abounds but the destruction of the
people; the major part are long since dead, and the
residue following. Those that are able endeavour to
get to some part or other to retrieve their healths;
there is litle or anything in demand; we have a great
deal of goods by us, which God knows when we shall
sell. … The Assembly are endeavouring to repass an
Act to give Port Royal its former priviledges, without
which the country is ruined. We are under apprehensions of the French and Spaniards making a descent
on the Island, which if they doe, will be very fatal, for
there are no people to oppose them. Endorsed, Recd.
Read Nov. 23, 1703. Copy. ¾ p. [C.O. 137, 6. Nos.