America and West Indies: January 1703, 1-8

Pages 91-109

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

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


January 1703, 1-8

Jan. 1.
Admiralty Office.
126. J. Burchett to William Popple. The Report from the Lords of the Council of Trade and Plantations upon the several petitions of the merchants trading to Virginia has been communicated to H.R.H.; and thereupon directions will be given for two ships of the fourth-rate to proceed from hence with the trade by the latter end of January, and at Virginia joyne two others, which Vice-Admiral Benbow is ordered to send thither from his squadron: all which ships will have directions to come from thence the first or tenth of July next, with the Trade that shall then be ready to accompany them. As for the other convoy in July next, the many other pressing services will not admit of the sparing four ships, but two of the fourth rate will be appointed to proceed at that time; and they will be seen well into the sea by other ships that will be particularly appointed. Signed, J. Burchett. Endorsed, Recd. 3, Read 4 Jan., 1702(3). Addressed. 1p. [C.O. 5, 1313. No. 10; and 5, 1360. p. 351.]
Jan. 1. 127. Minutes of Council of Virginia. Upon reading several letters from Capt. Moodie, H.M.S. Southampton, wherein he uses diverse threatening expressions against Col. William Willson, Col. Miles Cory and Lt.-Col. Tho. Ballard, tending to the breach of H.M. peace, H.E. called in James Wallace, clerk, and declared that he intended to make use of him as an evidence for the Queen against Moodie. He was sworn and deposed that he saw one or two of the letters, but never was concerned in composing any of them. After making some denials, he admitted that he had heard Capt. Moodie threaten he would cane or horsewhip them. H.E. said that he was equivocating and ordered the Clerk to take note of it, whereupon Mr. Commissary Blair declaring that he had not observed any equivocation; H.E. demanded him to deliver his protest in writing, which he did.
Whereas complaint hath been this day made to H.E. in Council by Col. William Willson of Elizabeth City County that Capt. Moodie on Dec. 19, whilst Complainant with other Justices of the Peace was holding Court for the said County, did with several of his men belonging to the ship come to the said Court whilst setting, and there with his sword and cane in his hand walkt too and fro before the door of the said Court House to the terror of those that were present, and as soon as the Court was adjourned and the Justices came out of the Court-house, Moodie taxt the complainant with abuses, wch. complainant had offered him, and said he would have satisfaction and be revenged, and bid him to take heed to himself, for he would certainly be revenged of him before he left the country; and therefore praying H.E. that the honour and peace of the Government may be preserved and the lives of H.M. subjects secured; and whereas it appears by the depositions of several persons taken before H.M. Justices of York County that Capt. Moodie at the Court House of the County of York, Sept. 24, did utter diverse threatening words, and publish a certain writing against Col. Miles Cary, Naval Officer of York River, contrary to H.M. peace; Ordered that the complaint of Col. Wilson, with the depositions, be referred to Mr. Benjamin Harrison, H.M. Council at Law, for his opinion what can be done in law thereupon.
Col. Willson having made oath that by reason of Capt. Moodie's threatenings he has just cause to apprehend his life is in danger, it is the opinion of the Council that H.E. renew his commands to Capt. Moodie, requiring him and all officers and seamen under his command to keep the peace towards all H.M. subjects, and particularly towards Col. Willson, Col. Cary and Lt.-Col. Ballard, [and that they] be in like manner required to behave themselves peaceably towards Capt. Moodie and avoid coming into his company.
The Council having taken into consideration what will be best for H.M. service and the advantage of trade in relation to the ships now in the country bound for England, are unanimously of opinion that if Capt. Moodie, H.M.S. Southampton, is resolved to touch at Newfoundland, he is not a proper convoy for them. And whereas it is very probable that all, or most, of the ships now in the country will be ready to sail by March 4th, they are further of opinion that the embargo be continued till then, and that all such ships as shall be ready at that time sail in a fleet. And in case Capt. Moodie shall declare that he intends to proceed directly to England, then this Board do conceive it for H.M. service that H.E. issue his warrant to him to stay till March 4th in order to take the said merchants' ships under his convoy, it being but 4 weeks longer than the time he proposes to sail, and that it be left to Capt. Moodie to appoint the place where the said fleet shall make up.
Letter from the Commissioners of the Customs, intimating that they had appointed Sampson Trevethan to be Surveyor of the Customs in Elizabeth River, read and entered.
Upon the petition of James Bushell, Clerk, complaining against the Vestry of Marttin Brandon parish (cf. Aug. 15, 1702), ordered that Mr. Benjamin Harrison prosecute the said Vestry.
H.E. acquainted the Council that pursuant to the Order of Oct. 27 last, Mr. Benjamin Harrison, H.M. Counsel at Law, had reported his opinion upon the deposition of John Shoote, relating to some gold and a negro boy taken up by Capt. Lewis, Commander of the Sarah galley, out of a sloop belonging to New York, wreckt at sea, being the goods of John France, a passenger cast away in the said sloop, and that, upon enquiry, Capt. Moodie had informed H.E. that it was usual in such cases to allow one-third to the taker up for salvage and that the other 2/3rds belonged to the Lord High Admiral; upon which H.E. bad directed his warrant to Lewis to pay two-thirds of the gold and of the value of the negro boy to Capt. Moodie, by whom he intended to send the same to H.R.H. the Lord High Admiral.
Petition of John Hilliyard of Warwick County praying that a horse formerly belonging to one John Welsh of the said County and become deodand, may be granted to him, was referred to Mr. Auditor Byrd.
Petition of Edward Ross praying that a survey may be made of the old burnt musquets etc. now in magazine at James City, and that the same may be ordered to be sold for paying contingent charges, referred to Mr. Auditor Byrd.
H.E. acquainted the Board that he intended to have laid before them several matters relating to H.M. Revenue, but Mr. Byrd not being here, he would defer it. [C.O. 5, 1409. pp. 268–271; and 5, 1412. pp. 23–26.]
Jan. 3.
128. Christian Lilly to the Council of Trade and Plantations. I am sorry that I should have occasion to send your Lordship this ill news, but having the honour to serve H.M. as third Ingeneer of England as well as Chief Judge of this Island, I think it my duty to acquaint your Lordships that on the 9th of this instant between 11 and 12 of the Clock in the morning a fire hapn'd thro carelessness to break out in a warehouse at Port Royall, which before night consum'd all ye Town, and left not one house of it standing, by which meanes a great many people especially merchants are ruin'd. For this Town being scituated upon a smal Cay, now, of about Thirty Acres of Land, surrounded with the sea, and the whole place taken up with houses and the streets and lanes extreamly narrow, the poor people had not that conveniency of saving their goods as might have been expected in a place where they might have been more at large. However, H.M. forts and magazines have not thereby received any damage, nor any of the ships which lay here at anchor, except one brigantine and a sloop burnt; and I hear that most all the merchands have saved their money and books, and some of them considerable quantities of goods through the assistance of boats from the ships of war etc. The Assembly of this Island immediately meeting upon this accident, are now about making a law for the people of this place to settle upon the mainland of Jamaica at a place called Kingston, and for to hinder Port Royall (which has proved so fatall a place to this country) of being a place of trade for the future; because it is found upon examination that the fortifications built at Port Royal are of no security for the Island of Jamaica in general, since an enemy's ships of war may goe into Kingston Harbour without having occasion to come within a mile of this place, and that as to Port Royal in perticular, the same mischief which now has hapn'd thro' accident might have been done by an enemy with the expence of one single fireship; besides the communication between it and the mainland would have been very inconvenient, if not altogether impossible in case of an attack, it being at least three miles distance from any convenient place of passage to it from the rest of Jamaica. If your Lordship should be desirous of seeing a draught of the chief settlements and fortifications of this Island, I did about 18 months agoe leave one with Mr. Povey, Clerk of the Council, for Mr. Blathwayt, who had requested mee to do it. Signed, Chrn. Lilly. Endorsed, Recd. March 13, Read 15, 1702/3. Holograph. 3 pp. [C.O. 137, 5. No. 91; and 138, 10. pp. 424–428.]
Jan. 3. 129. Earl of Peterborough to [? the Earl of Nottingham]. My Lord, You were pleased to desire me to lett you know what might be wanting, or necessary to have imediat directions in, the arrival of the Dutch being in all probability so neer, My Lord to quicken the dispatch of the medicines agreed off, I sent 100l. for earnest, and we have reduced the demands from [? five] to 300l. that it might be more easy; if that money be not immediately advanced to Sir Tho. Millington we cannot have that provision without which it were barbarous to send troops into such climates. My Lord, I have done my utmost to solicit and procure what is necessary in all respects, and these medicines could not have been had for thrice the money by any other method. I have not been wanting to the utmost of my power to advance and encourage this service, but in some short time I expect to find everybody resolved not to go but those that must goe or hang. The Phythithian recommended by the Colledge now declines to serve, since he is offer'd but half the pay given to him that serves abord Bembo's fleet. Mr. Friend that sollicited by the Bishops of London and Rochester and his brother of Wesmister School to be Chaplain is really sick, or sick of the voyage. But, my Lord, at this time of day, I know nothing positive of the establishment. I know of no general officers as yet appointed and preparing to goe. I have tried all means to engage and fix my Lord Porthmore, but there is an irresolute and fond Lady in the case. I have persevered truely in my desires to serve the Queen and my country, that no alterations (tho' such as were not to my advantage), no coolnesse in others hath abated my zeal and steadinesse, but, my Lord, you would have an ill opinion of mee if you could think me so mistaken as to believe myself allsufficient, besides this service of all others requires a succession of those fit to carry on the public design. It is a fatal circumstance in. our Constitution that men engaged, and under characters that oblidge their duty, that such must be courted and entreated. It is not in my power to mend these absurdities, but it is so well known that troops must have officers to command them, that I think I may conclude the necessary measures will be taken. For my own part, it is enough to make me loose all hopes of future seasonable supplies and support, when I find such dificulties when I am presant, and yet am sensible of the favour of the Queen and the ministry more then I deserve. Signed, Peterborow. Holograph. 1¾ pp. [C.O. 137, 45. No. 37.]
Jan. 3. 130. John Thrale to the Council of Trade and Plantations. Prays to be admitted to see all papers sent from New York relating to Mr. Atwood and Mr. Weaver, and such papers as may be thought proper to produce before H.M. in Council. Signed, Jno. Thrale. Endorsed, Recd. Read Jan. 4, 1702(3). ¾ p. [C.O. 5, 1048. No. 10.]
[Jan. 4.] 131. Mr. Mathews' account of what is due to clear the Four Companies at New York from Jan. 1, 169½—Dec. 24, 1702. Signed, Peter Mathews. Endorsed, Recd. Read Jan. 4, 1702. 2 pp. [C.O. 5, 1048. No. 11.]
[Jan. 4.] 132. Saml. Allen to the Council of Trade and Plantations. In spite of the letters and orders of H.M. 1680, 1682 etc., Robert Mason and Allen have been kept out of possession of the unimproved lands in N. Hampshire. Prays the aid of the Board. Signed, Sa. Allen. Endorsed, Recd. Read Jan. 4, 1702. 2¼ pp. [C.O. 5, 862. No. 143; and 5, 910. pp. 330–333.]
Jan. 4.
Admiralty. Office.
133. J. Burchett to Wm. Popple. In a late report from the Council of Trade and Plantations, it is proposed that orders might be sent by two sloops to the Governors of Virginia and Maryland, for detaining the trade there to a certain time therein mentioned, that so it may come home entire with the appointed convoy. I am commanded by H.R.H. to acquaint you for the information of their Lordships, that there are not any sloops of H.M. in the way to be sent on this service, but that if H.M. upon it's being laid before her in Council shall be pleased to direct such orders to her said Governors, the said may be conveyed to them by the Golden Lyon, John Gundry, Master, and the Baltimore, Mathew Forster, which ships have letters of marque, and are, or will suddenly be ready to proceed from hence on their voyage. Signed, J. Burchett. Endorsed, Recd. Read Jan. 5, 1702(3). Addressed. 1 p. [C.O. 5, 1313. No. 11; and 5, 1360. p. 352.]
Jan. 4.
134. Journal of Council of Trade and Plantations. Letter from Mr. Burchet, Jan. 1st, in relation to convoys for the Virginia and Maryland trade, read. Mr. Perry with some other merchants of this City being occasionally without, they were called in, and the said letter communicated to them. Ordered, that it be communicated to Sir William Dames and other gentlemen who have appeared here in behalf of the Western Ports.
Order of Council, Dec. 31, read. Directions given for preparing an Instruction for Sir Beville Granville accordingly.
Order of Council, Dec. 17, read. Ordered that the same be sent to Col. Codrington.
Mr. Champante, Capt. Matthews and Mr. Thrale all attending according to order, Mr. Champante offered to produce witnesses that the cloathing sent by him in 1700 for the soldiers at New York, they being then but 200 men, were received; and the same was acknowledged by Capt. Matthews himself, only with these observations, that about the same time 200 soldiers more arrived at New York from Jersey and Ireland, and that Lord Bellomont was told that they ought to have had new clothing, whereupon Mr. Champante said that Sir Charles Hara, out of whose regiment part of those soldiers were detached, did receive 300l. for that service, and Capt. Matthews further observed that there was no mounting sent along with the said cloaths, which Mr. Champante agreed to. Whereupon the present agents for Lord Cornbury and New York (Capt. Matthews and Mr. Thrale) were directed to take care that a mounting be sent along with the next cloathing. As to the clothing last sent by Mr. Champante, he produced a letter from Capt. Nanfan of Oct. 5 last wherein he writes that the said cloathing were arrived there and was seemingly well, and Capt. Matthews owned that when he came from New York, Oct. 14, he had heard that the said cloths were arrived; but that having been some days before with Lord Cornbury at a place about 80 miles distant from New York, his Lordship had then not heard of their arrival. As to the subsistence of the soldiers Mr. Champante complained that Capt. Nanfan had been obliged by the Lord Cornbury to subsist them till May 9th, which Capt. Matthews owned also to be true, and Mr. Champante thereupon declared that the subsistance he had received for the soldiers did reach no further than Dec. 24, 1701. So that allowance ought to be made for so much as have been paid more than received, in which he desired their Lordships' assistance. Capt. Matthews', Mr. Champante's and Mr. Thrale's accounts were laid before the Board. After which their Lordships exhorted the several parties to meet together friendly, to settle these accounts between themselves, and to acquaint this Board with the result of that meeting, in order to their further proceeding.
Order of Council, Dec. 31, 1702, read. Ordered that Mr. Weaver and Mr. Atwood be given notice thereof, and that the reasons transmitted by the Lord Cornbury for suspending them and his articles against them, will be communicated to them when they please to call.
In answer to Mr. Thrale's Memorials, the said papers were delivered to him. He was directed to take care that Mr. Attorney and Mr. Sollicitor General be instructed in the matter, in order to their attendance at the time appointed, and that Col. Lodwick, and other Gentlemen of New York, capable to give information in those affairs, have notice to attend also at the same time.
Memorial from Samuel Allen, relating to the Propriety of New Hampshire, read. Upon consideration of what was further offered by Mr. Asher and Mr. Wharton, they were directed to draw up in writing a state of Mr. Allen's case, in order to the forming of proper questions, upon which the Attorney General's opinion may be taken in point of Law.
Jan. 5. Letter from Mr. Burchet, Jan. 4, read.
Order of Council, Dec. 31, relating to the Virginia Convoy, read, and orders given for preparing Instructions accordingly. Their Lordships took into further consideration the Draught of a Charter for the importation of Naval Stores from New England, which was brought hither by Mr. Wharton, and having struck out several clauses relating to lands, inserted several provisoes. [C.O. 391, 15. pp. 342–350; and 391, 97. pp. 1–10.]
Jan. 4. 135. Minutes of Council [and Assembly] of Barbados. Letter from M. Sabarett read, desiring to know why M. Casali was not returned hence with the French prisoners.
Letter from Lt.-Coll. Wills read, giving an account that the French that came in this pretended flagg of truce had contrary to the custom of all places landed themselves with their arms without any leave from the Government, whereupon he secured them under a guard, believing them to be spies. The Board sent for and examined several of them, and then ordered that a further search be made and their papers secured, and they to continue under custody till the truth of their designs should appear.
William Hart said that he was informed that they had privately landed a chest in which was supposed to be some private orders; whereupon he was impowered to demand the key or, in case of refusal, to break open the chest and examine the papers therein, and give an account to the President.
Proclamation ordered for the encouragement of them that shall bring in some seamen that have absented themselves from the service in the ships that lately arrived from the East Indies. The Assembly having sent in their answer in writing to the President's Speech, it was entered as follows:—'Twas with no slight dissatisfaction that we heard the harsh interpretations of and severe remarks that your Honour made upon our wellmeant words and well-intended actions, and being willing to give all just satisfaction to modest enquiries into our past behaviour towards your Honour, and to prevent misunderstandings hereafter, we humbly offer this answer. We presume we need not to be told, for we sufficiently know and are heartily thankful for the matchless goodness of our present true English Establishment as well in Church as State, and believe therein Prerogative and Privilege are so wisely blended that it can neither be the true interest of the Prince or People to subvert or invade either of them, and believe also that whoever shall endeavour to alter the present happy temperament, either by carrying Prerogative higher or running liberty lower, are equally enemies to our present constitution, for if it were left to our option, we would not have Prerogative less, because we could not then have our liberties maintained, nor would we have privilege less, because we could not be secure from tyranny and oppression, if a bad Prince should come to the Throne. We need not also be informed that it is as well the interest as duty of every single member in our Government to be diligent in the performance of their several charges etc.; but we are not conscious that we have prevaricated or much neglected our duty. We question not (now) either the sincerity or diligence that your honour or the hon. Members of H.M. Council have used in the dispatch or promotion of things for the public good, because recrimination is not our business, but can avow with truth that the not making a quorum of our House and our quick adjournments have often been due to inclinable [sic] circumstances. How ungrateful it was to your Honour and with what irksomeness you undertook the trouble to tell us in a set speech that we dishonoured our Gratious Queen, disparaged her Government and lessened her authority, we know not, but you may be assured it was very unpleasant to us to hear, whereas, through the whole course of our lives our actions have been a continued manifesto (even to the most malitious) of our strict loyalty to the Crowne, and our firm adhesion to the established Government. We abhor, detest and abjure all persons and things that look that way. We have also lookt back (according to your Honour's advice) into the past deportmt., and can't find upon the nicest scrutiny anything therein of that complexion. We suppose and humbly conceive that upon a faithful representation of our actions and conduct in the Bill for taking up and fitting of vessels of war for H.M. service, in the securing our trade here, and placing them in a true light. we shall not appear to [be] dispassionate and disinterested men in those ugly colours your Honour was pleased to draw us in. For after we had resolved upon taking up vessels and raising men for that purpose, without the least hesitation, we fell upon the consideration of ways and means, our Treasury being then altogether out of cash, in which we met with some almost insuperable difficulties, for we considered then that money to arise from any tax to be laid de futuro, could not possibly be collected near so soon as the unfortunate exigence of our affairs called for it, therefore thought upon giving encouragement by a law for the present advance of money by Loan, persuant to which we had conference with several Gentlemen and spent a great deal of time in perswading them to the terms (which were hard enough) mentioned in that Bill, with which we immediately waited upon your Honour with the accustomed formalities, where our Speaker delivered the Bill himself, and each Member all the while standing and bare, which are tokens of our inferiority. Mr. Speaker did by command of the House give your Honour to understand that we could not consent to any alterations in that Bill, and that it must pass as we brought it in or want the money (now your Honour may please to consider that this is a disjunctive proposition) for the equipping our vessels, which if we did, the evil consequent thereon would be chargeable to your Honour, and that we must thereby be forced to dismiss the vessels, and that we would adjourn our House, having no other business of moment. Upon which a Member of H.M. Council told us, we came and popt a Bill upon them, which we took to be a treatment as unsuitable to a gentleman of his character to offer as for men in our post silently to take, and therefore by our Speaker signified the dislike of that expression, because it seemed to insinuate that he believed we were about to use some trick or leger de maine to betray your Honour and Council into a consent to that Bill so formed. We can't believe that by pressing your Honour to pass that Bill without alteration, we gave the least shadow of a just suspicion that we intended to impose either upon your loyalty or understanding or went about to usurp a dominion or superiority over you, and so invert the order or spoil the harmony of Government. We suppose it only demonstrated the almost irresistable force we were under from the pressure of our affairs and the inflexibility of the tenders. You may with as much truth infer that the Gentlemen we treated with for the loan were guilty of as high an usurpation upon the Assembly for saying we must pass that Bill for their satisfaction or want that money. That we afterwards consented to the amendments you made in that Bill shewed evidently that it was force not choice that did before determine us.
We hope to make your Honour's heavy charge against the Speaker to arise from your misprision of our meaning, and some undue and illogical inferences. The Assembly being apprised by several of your Honour's purposes to send off the Flag of Truce with the French prisoners to Martineco, and that a Gentleman almost unknown to most of us and a non-resident here, who is a professed Papist, was chosen for that service, we considering the evils that might probably surveen thereon thought it our duty to supplicate your Honour not to employ that person, and to accept of a Gentleman that we recommended. Your Honour replied with some seeming dissatisfaction, saying that we would in a small time sue possibly for another change, and expect upon every slight and trivial occasion to move your first conclusions. Mr. Speaker rejoined that it could not be easily thought that whatever the whole Representative body of the House should address for should be slight: that we lookt upon ourselves to be the Great Council of this Island, and that we were chosen by the general suffrage of the freeholders, and were as watchmen set to observe carefully any danger, tho' distant, that seemed to threaten this people, and humbly to admonish (or if that word displease to advertise) you thereof, that your Honour might out of your great care and prudence timely provide against it. To suppose us to mean by that expression, the Grand Council, that we were superior to your Honour in dignity and had a paramount to or coesive [sic] power over you, was to think us in a lunacy that rendered us fitter for Bedlam than an Assembly. We could not in a sound sense mean otherwise than that we were the Great Council in respect of numbers, in which sense we suppose that the House of Commons are often called the Great Council of the Nation. That we are a Council, we presume will be allowed because your Honour's writ calls us to advise etc. Upon hearing these reasons, we expect your Honour will not think our late proceedings inconsistant with H.M. honour and power, or subversive of her Government. Good God! Did we ever so much as dream that we should be charged with want of allegiance.
As to the unparalleled invasion of H.M. Prerogative which you lay to our charge for equipping the vessel of war, we must confess that the urgency of the thing, and the recess of your Honour and Council at that time enforced us to act singly some preliminaries only, which we would not otherwise have done without your privity. For this hasty proceeding we did at our next attending your Honour show the reasons, with the which we thought you then rested well satisfied, for after that we carried on the concern jointly without any disagreement. We acknowledge no difference [deference ?] due from us to H.M. Council here, more than that which civil respect and reason, not duty, exact, for we are one of the constituent parts of our Legislature here, and the subordinate too, yet indipendent on the Council, and enjoy a negative voice equal with them.
As to our neglect of the People's welfare which you deduce from our seldom making a session of our House and our speedy adjournment when made, we can't plead altogether not guilty, but may plead in extenuation inevitable accidents, viz., sickness, death of relations, lameness of horse etc. Our Quorum is very great (15) in proportion to our number, 22. But though we confess ourselves in this matter in some degree faulty, we think the reprehension a little too rough, and a less reprimand had been better from your Honour.
The sense of gratitude for H.M. late righteous, yet gratious grant for the right application of the 4½ per cent., which then inferr [sic] we want, we doubt not but our acknowledgments and retributions hereafter (when we know the whole of the grant) will evince to be faulty.
As we have never yet, and religiously resolve never hereafter to attempt the least encroachment upon the prerogative of the Crown, or your Honour and Council's rights, so also we resolve zealously to maintain by all lawful means our rights and privileges inviolate.
It would seem that we are not under such an infatuation as not to know the danger of distempers in Governments, and the folly of divisions and heats in Councils, for whatever our resentments were, we have now stifled them, to show that nothing shall be wanting on [y]our part to restore a good understanding between us.
Capt. Wm. Miln appointed to command the brigantine Larke in place of Capt. John Martin.
Wm. Heysham was granted a drawback on wine turned sour. [Ink much faded in parts.] [C.O. 31, 6. pp. 336–347.]
Jan. 4. 136. Minutes of Council of Bermuda. Ordered that George Larkin be committed to H.M. Castle for several indignities by him done to the Commission of his late Majesty wherein he is nominated a Commissioner for trying of pirates in these Islands, and for other repeated crimes, affronts and misdemeanours, for declaring himself an opposer to Governor and Government in the time of the quiet administration of the same, and for his most scandalous, lewd and debauched practices by him done and perpetrated in these Islands, as by several affidavits hath appeared contrary to the peace etc., and there to remain and continue till H.M. pleasure be further known.
The Justices complain against Dr. Josias Starr. A warrant issued for taking him up.
Upon reading a letter from Col. Day desiring H.E. to deliver up the bond to Mr. Mears, the Appeal bond about the house, and the bond for the 50l. fine; as to the first Charles Walker acquaints the Board that he was Attorney for Mears here, and he lately received from him an Order from his late Majesty for taking the said bond, and therefore he conceives he cannot deliver it up without some other particular order for the same; and the rest of the Council here present conceive that it ought not to be delivered up by the tenour and meaning of H.M. last Order, the former Order not being repealed. Copies only ordered to be delivered, but H.E. and this Board do not intend any let or molestation thereby to hinder Col. Day from going over to England in pursuance of H.M. Order. As to the second bond, it is the unanimous opinion of the Board that the same being an original bond of Appeal by Col. Day craved from a decree in Chancery here entered in to H.M., that the same bond ought not to be delivered up, only a copy, which [he] already hath. Ordered that the said Bond shall not nor can be put into any prosecution until H.M. pleasure be further known therein, and that in the interim no let or molestation shall be made to Col. Day, but he may depart with all the expedition he pleases. As to the bond for the fine, H.E. hath acquainted the Board that pursuant to the power given him in H.M. Instructions, he hath some time since, upon Col. Day's petition about April last, transmitted and respited the same to H.M. consideration in favour of Day, and therefore this Board is humbly of opinion that the said bond ought not to be delivered up without further directions from H.M., and that it is of great opportunity and an advantage to Col. Day in his expeditious dispatching home to England.
Ordered that the Secretary wait upon Col. Day for a copy of the petition mentioned in H.M. late Order, that the Secretary may give copies as by the same petition is desired with all expedition. [C.O. 40, 2. pp. 52, 53.]
Jan. 4.
137. Minutes of Council of New Hampshire. Present: H.E. Joseph Dudley, the Hon. Wm. Partridge, etc. H.E. having communicated a letter from the Council of Trade and Plantations, Sept. 15, 1702, relating to the rebuilding the Fort in Piscataqua River, where the present Fort now stands, as also a strong Tower on the point of Fryer's Island, a battery on Wood Island, and another on Clerk's Island, Ordered that a General Assembly be called and writs issue for their meeting on Jan. 12.
H.E. communicated another letter from the Council of Trade and Plantations, June 12, 1702, Whereupon it was ordered that Henry Penny, Clerk of the Peace, make out a true copy of all the fines escheated for this seaven years last past, and deliver said copy to the Governor and Council within five days; and that Charles Story be allowed a copy of the complaint against him signed by Edward Randolph, and that he give in his answer to this Board in writing in 7 days' time; and upon the clause of the Memorial of Mr. Wall as relating to Capt. Ichabod Plaisted, that Plaisted attend H.E. thereupon next Council day. To the next clause of the same letter referring to certain enumerated commodities seized by Mr. Sheafe, the Lieut.-Governor and Council informed the Governor they had directed a new seizure of the enumerated commodities, which was four baggs of cottonwool, and that there is judgment for the Queen in the Inferior Court, which they hope will be affirmed at the Superior Court notwithstanding the owner, or claimer has appealed, from the said Inferior Court to the said Superior Court.
In obedience to the last clause in the same letter, referring to the Acts of the Province, Ordered that the Secretary with all expedition make out a true copy of all the Laws now in being of this Province, and particularly an Act for raising of 550l., in order to be sent to the Council of Trade and Plantations.
Petition of Joseph Stephyns, late Commander of the Katherine, relating to a special Court, was read and referred to the consideration of the next Assembly. [C.O. 5, 789. pp. 117, 118.]
Jan. 5.
138. William Popple to Sir William Dains and Robert Yates. Enclosing Mr. Burchett's letter of Jan. 1, relating to Virginia convoys. [C.O. 5, 1360. p. 353.]
Jan. 5.
139. Mr. Popple to William Atwood and Thomas Weaver. The Council of Trade and Plantations acquaint you that H.M. has been pleased, by Order in Council, to appoint that you be heard before H.M. in Council by your Council learned in the Law upon the complaints against you that have been transmitted hither by the Lord Cornbury, which I am to communicate whenever you call. [C.O. 5, 1119. pp. 329, 330.]
Jan. 5. 140. Minutes of Council of Virginia. Capt. Moodie (see Dec. 31, 1702) having sent copies of his Order from the Lord High Admiral and Capt. Leake, the same were read, together with Capt. Moodie's letter of Jan. 4 which enclosed them. H.E. declared that as to what Capt. Moodie says, that to give copies of his orders, he never heard of any president for the like, H.E. thinks it is without precedent to deny them; that as to his being now under the orders of the Lord High Admiral, and so not safe in obeying another's, it doth not appear that the said Orders of the Lord High Admiral doth exempt Capt. Moodie from obeying the orders of this Government so long as he remains within the Capes, but if Capt. Moodie doth insist upon it, then H.E. hath nothing further to say to him. H.E. has always had copies of the Journals from the Commanders of the ship of war attending here; and as to the copies of Capt. Moodie's 52 general Instructions which he sent up, it is the opinion of this Board that it doth not relate to H.E. and Council, but only to the Masters of ships.
Upon reading the copy of Capt. Moodie's Orders from the Lord High Admiral and from Capt. Leake, with his letter of the 4th inst., wherein he saith that he designs as soon as may be to follow his orders and endeavours for Newfoundland if possible, and that he should be glad to know what his Excellency and the Council will propose for H.M. service in his way, Ordered that a full Council will be held on Jan. 13 to consult what shall be most for H.M. service and the benefit of trade on this occasion.
H.E. ordered to be inserted in the Journals of this Council that Capt. Moodie did show his Orders to the Clerk of the Council at Williamsburgh, though now he makes such a scruple of giving copies of them to H.E.
Whereas Capt. James Moodie, H.M.S. Southampton, and Thomas Layton, purser, have by their letters to H.E. represented that they want credit for 100l., and pray H.E.'s note on Mr. Bertram Servant for so much, H.E. was pleased to declare that though he had no benefit or consideration for advancing money for the use of the said ship, he would give them credit for 100l. in Mr. Servant's hand upon Capt. Moody's and Mr. Layton's signing bills on the Commissioners of the Victualling Office for the like sum payable to H.E.
H.E. acquainted the Council that forasmuch as he had received diverse complaints from Capt. Moodie against Col. Willson, Col. Cary and Lt.-Col. Ballard, and also complaints by Col. Willson and Col. Carey against Capt. Moodie, he intended next Council to grant a Commission to several gentlemen to meet at the Court House of Elizabeth City County for taking deposition of witnesses for either party. Ordered that Capt. Moodie have notice thereof.
Ordered that Mr. Benjamin Harrison attend the Board on Jan. 13.
Ordered that the Collector and Naval Officers give notice to the Commanders of ships to make what dispatch they can in their loading, and that (though the embargo is not yet taken off) a full Council will be held at Williamsburgh, Jan. 13, for considering of the most proper time for their sailing in a fleet. [C.O. 5, 1409. pp. 272, 273; and 5, 1412. pp. 26, 27.]
[7. 11th month, 1702.]
141. Jos. Wyeth and Theodor Eccleston to the Council of Trade and Plantations. Objections offered by several persons commonly called Quakers on behalf of our Friends in Maryland against the Act for the establishment of Religious Worship. (i.) The assessment of the 40lb. tobacco per poll is a breach of the liberty of conscience established by the Laws of Maryland. (ii.) It is enacted that it shall be lawful to every Minister to receive of every person or persons by him married 5s. sterl. and no more; by the meaning of which Law no more was intended than 5s. for each marriage, but by the penning of it 'tis evident that the Minister may exact 10s., which is an extravagant and unreasonable sum. (iii.) By the said Law Vestrymen and other persons are obliged to subscribe the Association, which was enacted by the Act made in 7 Wm. III, whereas the obligation of the subscribing the Association ceased as the said persons are advised by the death of King William, and by an Act made in her present Majesty's Reign, it is enacted that so much of that Act as relates to the Association, or requiring any person to subscribe the same, shall be void. (iv.) By the said Law, the Register of the Vestry and Church Wardens, before they be admitted to their offices, are obliged to take an oath for the due execution of their offices, which oath the Vestry are empowered to administer, but the form of the oath is not prescribed, as it ought to have been. (v.) The Law confirms all registries or entries of any births, marriages or burials, heretofore made with any Clerk of any County Court, according to the directing of such Laws as were then in force, "before any of those Laws were in being," which is insensible and unintelligible. (vi.) There is a clause in these words, "And the payment of wch. parochial charges, all the fines, forfeitures and mulcts by this Law incurred, shall be levied by the Church Wardens in each respective Parish, and by them accordingly applied," which is insensible, and the meaning cannot be collected without adding some words to explain it. That part which directs the levying of all fines etc. by the Church Wardens is inconsistent with the Law, for some of the fines are by the words of the Law to be recovered in H.M. name, and neither those fines, nor indeed any other, can be levied till judgment be had against the offenders, and after judgment no execution ought to be made but by process directed to the Sheriff, and the giving of power to Churchwardens to levy money on a judgment in any Court, is a thing of the first impression, especially as in this case, where they are to levy the forfeitures ex-officio, and no appointment by the Act for any execution or other process to be directed to them. If it be construed that by this clause the forfeitures are to be applied to the repairs of the Churches and other parish charges, it is repugnant to the preceeding clauses, wch. give the forfeitures absolutely to the King. (vii.) By the said Law, the Quakers are to have the benefit of the Statute that enacts the accepting their solemn affirmation instead of an oath, but then they are to conform themselves in all things to the rites and orders enjoined by the said Act. One thing required by the Solemn Affirmation Act is the payment of great and small tythes and Church Rates, and upon refusing to pay, two Justices of the Peace to examine and ascertain the duty, and direct the payment of it, not exceeding 10l., and upon non-payment, one Justice of the Peace to levy it by his warrant. By this clause a greater hardship is put upon them then upon the rest of H.M. subjects, because they are not only subject to the 40lb. per poll, but also the great and small tythes, for the 40lb, is to be levied by the Sheriff, and the power of ascertaining and levying the tythes is vested in the County Court. And therefore if they had intended that only the 40lb. per poll should have been paid, and not any tythes, they ought to have enacted that the Act of Solemn Affirmation should be in force in all things except such part as relates to the payment and levying of tythes. (viii.) By the Law of Maryland for Religion, which was confirmed here about 1650, it is enacted that all who profess one God and faith in our Lord Jesus Christ should live unmolested, by which liberty so secured no small number of Protestant Dissenters were encouraged to transport themselves thither, to the great improvement of that Province, which is become so profitable a Colony to this Crown, that the produce charged in the Customs here are near six times its first value. To add these new and burthensome taxes, seems to discourage and dispeople this industrious and profitable Colony. They hope that an Act in which there are sueh errors and mistakes will be not thought fit to be reported to the Queen for her Royal Assent. Signed, Jos. Wyeth, Theodor Eccleston. Endorsed, Recd. Read Jan. 7, 1702. 3 pp. [C.O. 5, 715. No. 65; and 5, 726. pp. 140–145.]
Jan. 7.
St. James's.
142. Order of Queen in Council. Referring enclosed petition to the Council of Trade and Plantations, to examine and report a true state of the case, with their Lordships' opinion what they conceive fit for H.M. to do therein. Signed, John Povey. Endorsed, Recd. 23rd, Read Jan. 26, 1702(3). ¾ p. Enclosed,
142. i. Petition of Robert Lee, executor in trust for the younger children of the Earl of Sterling decd. The said Earl of Sterling decd. The said Earl being Proprietor of a large tract of land in America comprehending the greatest part of the Province of New York, and an Island known by the name of Long Island with divers privileges and jurisdictions thereunto belonging; did, in or about 1663, assign and release to your Majesty's Royal Father then Duke of York all his said interest, and deliver up all the patents and deeds relating to the same in consideration of 3,500l. agreed to be paid unto him. On Nov. 10, 1674, no part of the purchase money being paid, his said Royal Highness by his deed of that date reciting the consideration aforesaid, did grant unto the Earl an annuity of 300l. per annum out of the profits of the said Province during the life of the said Earl, who died Feb. 5, 1690, and by his will left the arrears of the said annuity as part of the provision of his three daughters and three younger sons, and the same due at his death and the interest thereof since amounts to 8,256l. By the accession of his said Royal Highness to the throne, the said Province became part of the inheritance of the Crown, has continued so ever since, and is now in the possession of your Majesty. The said Earl in his lifetime and your petitioner since his death, in behalf of the said younger children have made frequent applications for the payment of the said debt, and some orders have been given concerning the same, but hitherto without effect towards the discharge thereof. The said debt is a great part of the provision depended on by the daughters and younger sons of the said Earl, whose ancestors were long and faithful servants of your Majesty's Royal Progenitors. Prays for the payment of the said debt, or in lieu thereof to regrant Long Island. Copy. 2 pp. [C.O. 5, 1084. Nos. 12, 12. i.; and 5, 1119. pp. 358–361.]
Jan. 7.
143. Lord High Admiral to H.M. in Council. Proposing that H.M. "empower mee to order Vice-Admiral Benbow or the officer commanding the squadron, to put the sentence" (passed on Capts. Kirkby and Wade) "into execution by shooting to death the aforesaid Captains as a just punishment for their crimes, and as a necessary example to deter others from being guilty thereof for the future," and that the sentence upon Capt. Constable be confirmed. Signed, George. Endorsed, R. Jan. 9, 1702/3. 3 pp. [S.P. Naval, 7. Under date.]
Jan. 7.
144. Earl of Nottingham to the Council of Trade and Plantations. The Queen commands me to acquaint you that shee has appointed Col. John Seymour to be Governor of Maryland, and would therefore have you prepare a draught of such Commission and Instructions, as you shall judge necessary on this occasion and present the same to H.M. Signed, Nottingham. Endorsed, Recd. Read Jan. 11, 1702(3). 1 p. [C.O. 5, 715. No. 67; and 5, 726. p. 150.]
Jan. 7.
St. James's.
145. Order of Queen in Council. Upon reading a report from H.R.H. Prince George of Denmark, Lord High Admiral, Jan. 4, upon the petition of the owners of the Golden Lyon and Baltimore [see Jan. 4], praying that, in consideration they have received Letters of Marque and are of good force, the Governors of Virginia and Maryland may lay no embargo on them, ordered that the Council of Trade and Plantations prepare instructions for H.M. Signature to the said Governors accordingly. Signed, John Povey. Endorsed, Recd. Read Jan. 11, 1702(3). 1 p. [C.O. 5, 1313. No. 12; and 5, 1360. pp. 356, 357.]
Jan. 7. 146. Memorandum of preceding. ¼ p. [C.O. 5, 715. No. 66.]
Jan. 7. 147. Journal of Council of Trade and Plantations. Mr. Eccleston and Mr. Wyeth presented a Memorial in behalf of the Quakers of Maryland, which was read. Ordered that the Order in Council, June 5, 1701, be sent to those Gentlemen, and that they be acquainted that if this Act contain in it anything different from the Bill prepared at this Board, and directed by the said Order to be sent to Maryland, then their objections will be considered; if not, their Lordships must lay it before H.M. for her approbation.
Ordered that in the next letter to Maryland, the President and Council be advised to endeavour to get an Act passed there conformable to the clause relating to the Association in the late Act of Parliament entitled An Act to declare the alteration in the oath appointed to be taken by the Act intituled an Act for the further security of H.M. person etc.
Mr. Weaver attending the Board, and desiring in the behalf of Mr. Atwood and himself that they may have copies of the Depositions formerly transmitted by the Lord Cornbury against Mr. Atwood and him, the Address of several of the inhabitants of New York to Lord Cornbury, and the Minutes of the Council of New York during his being a Member thereof; he was acquainted that they might have copies of the two last, but as for the two first, the Board could not do it without orders, and therefore, if he thought fit, he might apply to H.M. this evening in Council for her direction.
Jan. 8. Their Lordships agreed to the alteration in the draught of a Charter for importation of Naval Stores etc. as directed by the Minutes of the 5th instant, and ordered the same to be sent in a letter to Mr. Wharton, which being also laid before the Board and approved of, the same was sent accordingly.
Ordered that a letter be writ to Mr. Penn, to acquaint him that their Lordships are in expectation of the certificate of security, having been given for Col. Hamilton, according to what was intimated to him the 10th of the last month.
The draught of an Instruction for the Governor of Virginia and the President and Council of Maryland, enjoyning them respectively to take care that during this time of war no ship do saile from those parts without convoy, as also a letter to transmit the same to the Earl of Nottingham, were agreed, and ordered to be transcribed. [C.O. 391, 15. pp. 350–354; and 391, 97. pp. 13–18.]
Jan. 7. 148. Minutes of Council [and Assembly] of Barbados. William Rawlin paid 75l. for six months' service as Clerk of the Assembly.
The Assembly attending, the President recommended to them again an enlargement of the sum apposited for the reception of the Governor and the Earl of Peterborough; the sum appointed being too little to entertain persons of their quality, and the Members of this Board, who were appointed to make provision for that purpose, did desire to be excused, therefore desired they would appoint some others. That money be raised for paying seamen that went in the country's service in the Larke, and that she might be fitted again, having lain some time useless and spoiling in the Rhoad. That care be taken for provisions for the men that came up in the first Flag of Truce, their own being already consumed, and also that some care be taken of those that are taken upon suspition of being spies; also to buy lights for the Fort where the Guard is kept; also urged the necessity of having money ready for several other emergent occasions, for want whereof a sloop could not be procured to give Col. Codrington an account of the arrival of the forces here. That they would give an answer to the petition of the Hon. Sam. Cox. The Assembly withdrew.
Ordered that the Treasurer do pay to the Commissioners appointed for fitting out vessels of war all such money as he has already received by virtue of the Acts on negroes.
Commissions issued for the trial of Cæsar Brooks.
Ordered that the Attorney and Solicitor General make their report as to the pretended Flag of Truce that lately came from Martinico, and prepare a Proclamation for apprehending all persons that came in her.
The Assembly announced that they had added 70l. to the 100l. for the reception of the Governor, and had appointed a Committee to employ it; that they consented to the providing for the French that came in the first Flag of Truce, but that the last should be maintained by their own provision whilst it lasts; that they are not yet able to fit out the Lurke, and desire the Commissioners appointed for fitting her out may cease proceeding any further, and that no more men be sent on board then is absolutely necessary to look after the vessel; that care will be taken at their next meeting to raise money to pay off the men that went out in her, by subscription or otherwise, and desired that for the future no officers might be appointed for her without being first recommended by them; that they had consented that lights should be provided for the Guards at the public charge; they would answer Mr. Cox's petition at the next meeting. They desired that the man-of-war might upon sight of our fleet, which is daily expected from England, come in before them and make a signal, to prevent an alarm, which otherwise will be a very great charge as well as a fateague to the people. The Assembly withdrew.
Payment of 170l. ordered for entertaining the Governor. [C.O. 31, 6. pp. 347–351.]
Jan. 7. 149. Journal of Assembly of Barbados. The House met by a special summons from the President. Absent Members fined, and others excused upon good reasons by letters. See preceding abstract.
Committee appointed for the reception of the Governor; the charge of that entertainment not to exceed 170l. Resolved, that if the President and Council think the providing for the persons brought hither in a Flag of Truce be for the service of the Country, this House will consent thereto; that the French prisoners now on guard are not to be provided for till their own provisions are expended on their own uses; that all the men in the brigantine Larke be discharged but what are necessary to take care of her whilst at anchor.
Resolved, that no more money be raised for her without this House is admitted to have their recommendation of officers, as in the case of the Treasurer and Storekeeper of the Magazine; and in such case this House will raise money by contribution or otherwise for payment of the men belonging to the Larke. [C.O. 31, 7. pp. 29–31.]
Jan. 7. 150. Minutes of Council of New Hampshire. H.E. communicated a clause in a letter from the Council of Trade and Plantations, July 24, 1701, referring to a Memorial of Edward Randolph, relating to a seizure made by Mr. Sheafe, Deputy Collector, of a Jersey vessel, Mr. Mountesse, master, with contraband goods, upon which Mr. Sheafe was heard, and directed in a short time to offer to the Governor and Council what he had to alleadge thereupon. [C.O. 5, 789. p. 121.]
Jan. 8/19.
Fort Kijkoveral, Rio Essequebo.
151. Samuel Beeckman to [? the Dutch West India Company]. Signed, Samuel Beeckman. Dutch. 8½ pp. Enclosing,
151. i. List of papers sent by the De Jonge Jan. Dutch. 1¼ pp.
151. ii. Invoice of Cargo of the Pymene, laden in the River Essequebo, 1703. 1 p. [C.O. 116, 19. Nos. 16, 16.i. –ii.]
Jan. 8.
152. William Popple to Mr. Eccleston and Mr. Wyeth. Enclosing Order of Council, June 5, 1701. If the Act lately transmitted from Maryland for the establishment of Religious Worship, contain in it anything different from the Bill therein referred to, then what objections you may have to make of that nature will be considered by the Council of Trade and Plantations; if not, their Lordships think themselves obliged to lay the said Act before H.M. for her approbation. [C.O. 5, 726. p. 145.]
Jan. 8.
153. William Popple to Mr. Wharton. The Council of Trade and Plantations do not approve of the Clauses 2, 3, 11, 12 in the Charter for the importation of Naval Stores from New England, which they have crossed out, and have ordered some other clauses to be added. They desire you to communicate the whole to the undertakers. [C.O. 5, 910. p. 333.]
Jan. 8.
154. William Popple, Junior, to William Penn. The Council of Trade and Plantations have ordered me to minde you that they are in expectation of the certificate of having given in security for Col. Hamilton (see Dec. 10), which they expected should have been done long ago, and the want whereof has hitherto hindered them from proceeding in their report upon that and other matters relating to Pennsylvania. [C.O. 5, 1290. p. 280.]