America and West Indies
December 1702, 11-18

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Institute of Historical Research

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Cecil Headlam (editor)

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1913

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44-57

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'America and West Indies: December 1702, 11-18', Calendar of State Papers Colonial, America and West Indies, Volume 21: 1702-1703 (1913), pp. 44-57. URL: http://www.british-history.ac.uk/report.aspx?compid=73581 Date accessed: 24 November 2014.


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December 1702, 11-18

Dec. 11.
Port Royal in Jamaica.
36. Capt. Summers to the Earl of Nottingham. Reports delivery of pacquets at Barbados and Jamaica, after an engagement with a privateer at Martinico about 10 leagues off Barbados. Signed, Robt. Summers. Endorsed, R. Feb. 6, 1702/3. Addressed and sealed. ½ p. [C.O. 137, 45. No. 33.]
Dec. 11.
Whitehall.
37. Council of Trade and Plantations to the Earl of Nottingham enclosing two Addresses from the Inhabitants of New York to be laid before H.M. Signed, Weymouth, Ph. Meadows, Jno. Pollexfen, Mat. Prior. [C.O. 5, 1119. p. 246.]
Dec. 11.
Admiralty Office.
38. J. Burchett to William Popple. Enclosing petitions. "Since they very much differ in their proposals, H.R.H. desires that the Lords Commissioners for Trade will consider thereof and let him have their opinion" etc. Signed, J. Burchett. Endorsed, Recd. Read Dec. 14, 1702. 1 p. Enclosed,
38. i. Petition of Merchants, trading to Virginia and Maryland, to H.R.H. George Prince of Denmark, Lord High Admiral. We unanimously concur with Governor Nicholson's opinion that the fleet from Virginia ought not to be detained there longer than March or April, in order to avoid sickness of men occasioned by the summer season, and damage to their ships by the eating of the worms, several instances of which we have fresh before us. In order to put this good proposition into practice, we offer, that the properest time for the fleet to go from hence is in June, or July at furthest, yearly during the war. And since by the late arrival of our fleet, which will not be all unloaden until near Christmas, should we be directed to send them out again, we cannot make them ready before March or April, and then we should not only fall into all those inconveniences, which the Governor hath so wisely endeavoured to avoid, but contravene the Government in its demands for men the next summer service. And that all traders to that Colony may be put upon a level, that next June or July may be the time proposed for our fleet to sail, for by this means we shall come into a proper course of trade during this war; and that the traders, who for the publick interest are conformable hereunto may not be surprized and undermined by any who by entering their ships to other places, may go to Virginia and Maryland to lade, we pray that the Governors of Virginia and Maryland may be directed to imbarge all such ships whose clearing in England shall not be dated before your Royal Highness's Resolution, until the Fleet from hence may arrive there, that they may come home with convoy together. Oct. 23, 1702. 12 Signatures. 3 pp.
38. ii. Petition of Merchants of London trading to Virginia and Maryland to H.R.H. George Prince of Denmark. There are now about 80 sail of merchants' ships in Virginia and Maryland, as also several others fitting out for the said places, for the security whereof we humbly pray that a convoy may be appointed to depart England by the last of January with orders to bring home all such ships as shall be loaden in the said Plantations by June 30. If any should not be then ready, that some of the men-of-war may have Instructions to stay for them till Aug. 14, or that directions may be given the Governors that no ships be detained there by embargo. 22 Signatures.
38. iii. Petition of London Merchants trading to Virginia and Maryland to the Queen. Duplicate of No. i., supra. Concludes:—We would most humbly pray that the Governors of Virginia and Maryland may be directed to embarg all such ships who shall not be cleared to sail by the 25th of March, in order to oblige them to come home with the next convoy. Nov. 3, 1702. 12 Signatures. 2 pp. [C.O. 5, 1313. Nos. 4, 4. i.–iii.; and 5, 1360. pp. 329–336.]
Dec. 11.
Whitehall.
39. Journal of Council of Trade and Plantations. Letter to Lord Nottingham, signed.
Copies of Commissions for Major Ingoldsby, to be Lieut.-Governor of New York and Lieut.-Governor of New Jersey, read. [C.O. 391, 15. pp. 317; and 391, 96. No. 200.]
Dec. 11.
Martinique.
40. Copy of the Cartel settled between Barbados and Martinique for restoring the prisoners on both sides. All French prisoners brought into Barbados shall be sent into Martinique when they amount to 25 or more, and English subjects brought into Martinique sent to Barbados similarly. Prisoners to be well provided for in the meantime. The English of Antegoa, Nevis, and Jamaica shall not be comprehended in the present Treaty, and if the French detain the English who belong to the other governments prisoners, no breach of the present Treaty shall be imputed. The Flags of Truce which shall be sent from one another for the transportation of prisoners, or other affairs relating to the interest of each government, shall not be stopt or detained upon any pretence whatsoever, but shall be dispatched forthwith and the officers therein have liberty to depart when they shall think fit. The present Treaty shall be ratified by the French and English Governors respectively on their arrivals, and afterwards sent to His Most Christian Majesty and the Queen of England for their approval. Signed, W. Hart, Wm. Roberts. Given in French and English. [C.O. 319, 1. pp. 135–140.]
Dec. 12.
New York.
41. Governor Lord Cornbury to the Council of Trade and Plantations. Since I answered your Lordships' letter of July 14, yours of July 16th came to my hands. In reply: For some time after my coming hither, I heard that Capt. Nanfan had made a very odd bargain with Col. D'Peyster, about 500l., for which I was told that he had drawn bills upon the Treasury in England. I asked him about it. He told me Mr. Romer wanted money to go on with a stone fort at Albany, and that he had taken up some money here, and had drawn bills upon the Lords of the Treasury for it according to directions received from your Board. I found he was unwilling to give me so full an account of that matter as I could wish, soe I prest him noe farther at that time, but upon inquiry elsewhere I found the bargain to be thus:—Col. D'Peyster was to have bills from Capt. Nanfan for 500l. sterl., for which D'Peyster was to pay down immediately 200l. currant money of New York, and when the bills were accepted and paid in England, then D'Peyster was to pay down 300l. more currant money. The 200l. was delivered to Romer, and has been since employed in the beginning of a fort at Albany. I doe assure you that noe such bills shall be drawn by me for the future, and I look upon it as one of the greatest misfortunes that could befall me that I did not receive your orders sooner, because I should then have drawn noe such bill at all, whereas upon finding the necessity of carrying on the Fort at Albany, I did draw bills upon the Commissioners of the Treasury (not knowing that my Lord Godolphin was Lord High Treasurer) for 376l. sterl., for which bills I have received 500l. currant money of New York. If in this I have done amiss, I hope your Lordships will believe it only my zeal for the service that made me doe it, and indeed if I had not found orders for drawing, and those orders not contradicted, I should not have presumed to draw at all, but for the future, I shall expect your directions, and intreat your favourable interpretation for what I have done. As for a survey of the fortifications in this Colony, I refer you to my letter of Sept. 24th, by which you will see how much this poor Province wants the assistance of H.M. favour, espetially considering that I find this Province near 10,000l. in debt, abundance of warrants standing out against the Government and not one farthing of money in the Commissioners' hands to pay those debts, and what is very unhapy for me, is, that this is our condition at the beginning of a war. Signed, Cornbury. Endorsed, Recd. Feb. 5th, Read March 8, 1702/3. Holograph. 3 pp. Enclosed,
41. i. Abstract of preceding. ¾ p. [C.O. 5, 1048. Nos. 3, 3. i.; and (without abstract) 5, 1119. pp. 407–411.]
Dec. 12.
New York.
42. Governor Lord Cornbury to the Council of Trade and Plantations. Your letters etc. of July 14, came safe to my hands by the way of Boston, on the 5th instant. I assure you I have always sent duplicates of mine, and shall continue to doe, by the next opportunity, but few ships go directly from this port to England, so that I must depend chiefly upon the Boston and Philadelphia posts for conveying my letters to such ships as may be going to England, and sometimes both those conveyances fail. I have very heartily aplyed myself to the work [of composing the heats and animosities of the Province], and shall continue using my utmost endeavours for the attaining the good end that all honest men here desire. I am very sure I have espoused neither party any farther than the Queen's service and Justice has obliged me to doe; and indeed this Justice I must doe to the English, the generality of the French, and most of the considerable men among the Dutch (who are the people that have been oppressed these last four years) that they have behaved themselves with great moderation, considering the great injuries many of them had suffered. I am afraid there are some men in the other party who are not to be prevailed with by reason; they have been so bewitched by Atwood and Weaver, that some of them yet say openly that it will be their turn again shortly, and that as soon as Atwood and Weaver arrive in England, they will be justified in all they have acted here; this being positively asserted by some of the chief men of that party hinders some of the more ignorant of them from seeing their error, however, I hope a little time will open their eyes; one of the things which has the most buoyed up that party (I mean Leisler's faction) is the Act of Parliament passed in England 1695, for reversing the attainder of Jacob Leisler, by which Act they pretend that Leisler was intituled to the Government of this Province by an Act of General Assembly, and that he was since confirmed in the same by the late King's letter, July 13, 1698; but the persons that solicited that Act in England had not ingenuity enough to acquaint the two Houses of Parliament that the Assembly which gave him that authority was an Assembly called by himself after he had by violence disposest the King's Lieutenant-Governor that then was, soe that the authority he claimed was derived from a body of men authorised by himself, who had noe power to call them together, consequently an illegal Assembly, and I conceive no illegal Assembly can grant a lawful authority. I am convinced that the aforementioned Act of Parliament is the main foundation that faction builds upon, and I do really believe that if an Act of Parliament were passed in England to explain that Act of 1695, it would contribute more to the quieting the disturbances here then anything else can doe, for till then, they say that Leisler was a lawful Governor, and that the Parliament of England have declared him soe; though I am pretty well assured that the Parliament of England certainly intended not to justifie the plain open rebellion of the father, but only to do an act of favour to the son, who was not guilty of the father's crime; but another use has been made here of that Act. Refers to previous enclosures. Mr. Attorney General Broughton was not actually suspended, but I think worse used, for he was left in the possession of his place, but was suffered to do no businesse in it, for Mr. Weaver was made Solicitor General, and all references that ought properly to have been made to the Attorney General, were made to the new Solicitor. However, I have acquainted him with H.M. favour to him, and he has desired it may be recorded in the Secretary's Office, which is done. I have received the cloathing sent over by Mr. Champante, and indeed they came very seasonably, for our men were perfectly naked, and the weather began to be very cold. Mr. Champante did not think fit to consign the clothing to me, but to Capt. Nanfan; he has not sent over any account of what the clothing amounts to; he has sent no invoice, but only a scrap of paper with the numbers and marks of the parcels. I dare assure you he has sent the worst cloathing that ever was put upon souldiers' backs. I have seen a great deal of clothing in my time, but I never saw so bad in my life. I sent for some of the chief merchants here to see them, and they are all of my mind. I have ordered one whole cloathing to be sent over to my Agent, Mr. Thrale, to be laid before your Lordships, and likewise an estimate made of it by several of the ablest merchants here, by which you will best see how Mr. Champante has used us. Besides, he has sent us noe watch-coats, without which there is noe living for a centry here, besides he has sent noe swords nor belts, nor daggers, nor buckles for shoes, and yet I hear he calls this a double clothing. Signed, Cornbury. Endorsed, Recd. Feb. 5th, Read March 8, 1702/3. Holograph. 4 pp. Enclosed,
42. i. Abstract of preceding. 1¼ pp.
42. ii. Estimate made by some merchants of New York of the clothing sent over for the soldiers of New York. Nov. 4, 1702. Signed, C. Woolley, James Weems, Mathew Shanke, John Riggs, John Person, Caleb Cooper, John Barbarie, Matthew Ling, Benj. Aske, Richd. Willett, P. Fauconnier. Endorsed, Recd. Feb. 5th, 1702/3. 3¼ pp. [C.O. 5, 1048. Nos. 2, 2.i., ii.; and (without enclosures) 5, 1119. pp. 401–407.]
Dec. 12.
New York.
43. Mr. Broughton to the Council of Trade and Plantations. Expresses his gratitude for their Lordships' so great concern for him. My dutiful behaviour to the late Lieut.-Governor kept me so well in his favour that he did not suspend me from my office or salary, though in my own hearing at the Council Board the latter was, upon occasion of my opinion only, in great heat and passion moved against me by the then Chief Justice Atwood. But I could not have supported myself many days longer, had not the most happy arrival of H.E. brought deliverance to the Province, etc. So great and good a change is wrought amongst us since H.E.'s arrival, that the magistracy here hath now put on so sweet a face and countenance towards us, as gives us all hopes of safety and protection. Begs that his Commissions of Attorney and Advocate General may be renewed etc. Signed, Sa. Sh. Broughton. Endorsed, Recd. 1st, Read April 5, 1703. Holograph. 2½ pp. [C.O. 5, 1048. No. 4; and 5, 1119. pp. 453–456.]
Dec. 13.
New York.
44. Mr. Broughton to Mr. Popple. Refers to the renewing of his Commission etc. Signed, Sa. Sh. Broughton. 2 pp. [C.O. 5, 1048. No. 5; and 5, 1119. pp. 457, 458.]
Dec. 14.
Admiralty Office.
45. J. Burchett to William Popple. Enclosing petition of Virginia Merchants. Signed, J. Burchett. 1 p. Enclosed,
45. i. Memorial of Merchants trading to Virginia and Maryland. Refer to Petition, Dec. 11, No. i. Pray that "We may not be disappointed of a sufficient convoy for our intended fleet, of which a list is annexed." Dec. 14, 1702. 30 Signatures. 1 p. Annexed,
45. ii. List of ships now at home, belonging to the Trade of Virginia and Maryland, intending for the fleet to sail, July 1st, 1703. Names of 65 ships. Besides, we expect above 20 sail home to sail with the above, or must hire other ships to make up the complement of 80 sail. 1 p. [C.O. 5, 1313. Nos. 5, 5.i., ii.; and 5, 1360. pp. 330, 336–339.]
Dec 14.
Whitehall.
46. Earl of Nottingham to the Council of Trade and Plantations. I have laid before the Commissioners of Council the Addresses from New York, and I am to desire you, if you have any accounts of the proceedings of Mr. Atwood and Mr. Weaver, to transmit them to me, or, if not, that you will let me know when any such come to your hands. Signed, Nottingham. Endorsed, Recd. Read Dec. 15, 1702. 1 p. [C.O. 5, 1047. No. 80; and 5, 1119. pp. 248, 249.]
Dec. 15.47. William Penn to [? the Council of Trade and Plantations]. Honble. Friends. I herewith send you the Body of the Laws I promest, and pray their speedy refrence to the Attorney or Solicitor Generall's perusall and report. I also begg the year's approbation may be from the day of its arrivall, or the time may happen to be half expired before it comes to hand, and you will oblige Your Faithfull Friend to serve you, Wm. Penn. Endorsed, Recd. 16th Dec., 1702. Holograph. 1 p. [C.O. 5, 1262. No. 13; and 5, 1290. pp. 279, 280.]
Dec. 15.
Whitehall.
48. William Popple to Mr. Thurston. Enclosing for his particular reply against Friday morning, the following account. [C.O. 195, 3. p. 125.]
[Dec. 15.]49. Account of 57 days' pay due to Capt. John Powell and disbursements made by him for H.M. service in Newfoundland. Total, 224l. 8s. 10d. Signed, Jon. Powell. Endorsed, Recd. Read Dec. 15, 1702. 1 p. [C.O. 194, 2. No. 88; and 195, 3. pp. 124, 125.]
Dec. 15.
Whitehall.
50. William Popple to Mr. Champante. The Council of Trade and Plantations having perused the letter from Capt. Nanfan, relating to the arrests that have been laid upon him at New York, desire you to lay before them a stated account of the subsistence money received for the four companies there from the time that you have been Agent to the Earl of Bellomont till the time of the Lord Cornbury's arrival in that Province. [C.O. 5, 1119. pp. 251, 252.]
Dec. 15.
Whitehall.
51. William Popple to Mr. Thrale. The Council of Trade and Plantations desire you to lay before them an account of the subsistence money that has been returned to the Lord Cornbury for the four companies at New York, with a state of their account. [C.O. 5, 1119. p. 251.]
Dec. 15.
Whitehall.
52. William Popple to Micajah Perry, desiring his attendance on the Board to-morrow. [C.O. 5, 1360, pp. 339, 340.]
Dec. 15.
Whitehall.
53. Journal of Council of Trade and Plantations. Letter from Capt. Nanfan, Oct. 5, read. Thereupon ordered that the Secretary write to Mr. Champante and Mr. Thrale for accounts. Two letters from Mr. Burchet, Dec. 11 and 14, with enclosed petitions, read. Ordered that Mr Perry, one of the chief petitioners, have notice to attend the Board, together with others concerned with him, to-morrow.
Capt. Powell laid before the Board an account of 57 days' pay due to him, and of disbursements made by him for H.M. service in Newfoundland. Ordered that a copy be sent to Mr. Thurston, Agent for the soldiers there, for his particular answers against Friday morning next.
Letter from the Earl of Nottingham, desiring that any accounts of the proceedings of Mr. Attwood and Mr. Weaver, received by this Board, may be transmitted to him, read. Ordered that the papers relating thereunto be laid before the Board to-morrow.
Dec. 16.Ordered that Sir Richard Levit and others concerned with him, as likewise Sir Wm. Dane, Mr. Clayton, Mr. Burridge, and Mr. Johnson, have notice to attend the Board to-morrow in relation to the convoy to be sent to Virginia and Maryland.
Ordered that Mr. Champante and Mr. Thrale have both of them notice that the accounts desired from them are to be of all money received by them, as well pay as subsistence of the 4 companies at New York, or otherwise, as also of the cloathing during their Agency.
Sir William Phippard, Mr. Perry, Col. Parks and divers other persons concerned in the Virginia trade, attending in reference to their petitions, these were read. They declared that they departed from their first desire of having any embargo laid upon ships in Virginia and Maryland by the Governors of those countries, and that they had nothing to object against the sending a convoy thither in January or February next, as desired by others, to bring home the ships that are there or that may be ready to sail from hence with the said convoy; only they insisted that, if such convoy be sent (to) [? it] may not hinder their having another convoy of 4 or 5 men-of-war to part from hence in July next with the ships that may be then ready, which they said would be the much more considerable Fleet, and carry with them great quantities of English manufactures necessary for the subsistence of the country which cannot possibly be sooner ready, and that this convoy desired by them may remain in Virginia during the winter and return home in the Spring. They were told that their Lordships would hear the other side to-morrow, and both together on Friday.
The Secretary, by order of the Board, writ to Mr. Burchet, to desire to know what probability there is of any accidental convoy from the West Indies to call at Virginia and bring home the ships that may be there, and further to desire that Col. Nicholson's letter to the Earl of Nottingham, which gave occasion to those petitions, may be communicated to this Board.
Dec. 17.The draught of a Charter lately received from Mr. Wharton to incorporate Sir Matthew Dudley and others for bringing Naval Stores from New England was read. Letter writ by the Secretary to Mr. Wharton.
Letter from Mr. Burchet, Dec. 16, with enclosed petition, read.
Mr. Richard Levitt, Mr. Yates, Mr. Clayton, Mr. Johnson, Mr. Haistwel, Mr. Hately, and others concerned in the Virginia Trade, attending according to appointment, insisted upon their desire that a convoy (which they now proposed might consist of 5 men-of-war) may be ready to sail out of the Downes before the last of January, and take along with them such ships as shall be then ready to sail for Virginia and Maryland, with directions to stay there till the end of June or 10th of July at the very furthest; and as for the convoy desired by Mr. Perry and others petitioning with him, to sail in July, these Gentlemen declared that they are not against another convoy, but that in their opinion July would be a very improper season; and all agreed that October would be the most fit time for the setting out of their ships yearly, so long as the war shall last. As for stopping the ships in Virginia and Maryland that may not be ready against the time appointed for the convoy's return, until the opportunity of some other convoy present, they did not all of them agree in that point, but the greatest part of them submitted to it as reasonable. After which they were acquainted with their Lordships' resolutions [to] hear both them and the other petitioners together to-morrow in the afternoon, and desired to attend accordingly.
Papers relating to Mr. Attwood and Mr. Weaver were laid before the Board and a letter writ to enclose theirs to Lord Nottingham. Mr. Hoskins acquainting the Board that he is appointed Attorney General for Jamaica, and offering his service in what their Lordships might think fit to command him there, he was desired to bring hither a copy of his Commission or Patent.
Letter from Mr. Penn, enclosing the body of the Laws of Pennsylvania etc. read. [C.O. 391, 15. pp. 318–327; and 391, 96. Nos. 201–203.]
Dec. 16.
Whitehall.
54. William Popple to Josiah Burchett. The Council of Trade and Plantations desire to know what probability there is of any accidental convoy from West Indies to call in at Virginia and convoy home the merchant ships that may happen to be there. [C.O. 5, 1360. pp. 340, 341.]
Dec. 16.
Admiralty Office.
55. J. Burchett to W. Popple, enclosing for the consideration of the Council of Trade and Plantations, the following petition, "received this morning." Signed, J. Burchett. Addressed. ½ p. Enclosed,
55. i. Petition of Merchants trading to Virginia and Maryland from the Ports of Bristol, Exon, Chester, Liverpool, Whitehaven, Barnstable, Biddiford, Bridgewater, Lime etc., to H.R.H. the Prince of Denmark, Lord High Admiral. There are now about 80 sail of merchants' ships in Maryland and Virginia, as also several others in the Ports abovesaid ready and now fitting out for the said places. Pray for a convoy to depart England by the last of January, with orders to bring home all such ships as shall be there loaden by June 30. And in case any ships should not then be ready to come for England, we pray that one or more of the men-of-war may have Instructions to stay for the said ships till Aug. 14, or that directions may be given to the Governors of those Colonies that no ship be detained thereby. 13 Signatures. Endorsed, Recd. Read Dec. 17, 1702. 1 p. [C.O. 5, 1313. Nos. 6, 6.i.; and 5, 1360. pp. 341, 342.]
Dec. 16.56. Minutes of Council in Assembly of Barbados. Col. Bristow and other officers of the land forces attending, said that it would be very prejudicial to the men to be encamped in this Island, and desired that they might be billeted or some other way provided for, until they receive orders from England. They were answered that the same should be recommended to the Assembly.
Some of the forces being arrived which were mentioned by the Earl of Nottingham's letter, this Board are of opinion that it is proper to shew the same to the Assembly, that they may consider thereof and provide men accordingly.
Petition of Richard Baynes for money for maintaining three French prisoners recommended to the Assembly.
Richard Baynes paid for cleaning and keeping the house in James Fort.
Joint Committee appointed to provide for the reception of the Governor and the Earl of Peterborough.
The Assembly attending, the President proposed to them to provide a Law for quartering the land forces, and delivered them Lord Nottingham's letter of Oct. 7, and enjoined them to be as secret as possible. He referred to the reception of the Governor, and said that it was usual for him to be maintained at the public charge till a house was ready for his reception. He said that there was a necessity for a small vessel to be always ready to send for, or give intelligence as occasion shall require, and that Col. Codrington have notice of the arrival of the forces here; that care be taken to fit out the Larke brigantein again, and that the men be paid off for their last cruise. He acquainted them that the Hon. Samuel Cox had above 300 sick seamen to take care of; that he had several orders on the Treasurer for money, but could not get them paid, without which he was not able to continue providing for them any longer, and therefore desired those orders might forthwith be paid. The Assembly withdrew.
Petition of Samuel Cox referred to the Assembly.
The Assembly returning, proposed the following answers to above suggestions: (1) That if the officers shall think fit, the land forces now imported may be lodged in the several forts, and they may be maintained out of the Queen's stores imported in the several ships, for that by reason of the extraordinary scarcity of all sorts of provisions, as well salt as fresh, this Island is altogether incapable to furnish them with provisions, without recruits shall happen to be speedily brought in. That the Speaker desire the President and Council to make application to the proper officers for the prevention of all mischiefs by the soldiers injuring one another, as well as poor people travelling on their lawful occasions, that all the private sentinels do leave all their arms on board the respective ships in which they were imported. (2) That accommodation be prepared for the reception of the Governor etc. not exceeding 100l. sterl. and that the President and Council appoint Commissioners to provide the same. (3) That a small vessel be taken up for sending intelligence to General Codrington of the state of our present affairs.
The Speaker said they had considered the Earl of Nottingham's letter but had nothing to offer on that occasion, and added that care is taken for fitting out the brigantine Larke and paying off the men by a Bill for that purpose; also that their House had agreed to buy up certain stores for the reception of the Governor. Ordered accordingly. [C.O. 31, 6. pp. 322–328.]
Dec. 16.57. Journal of Assembly of Barbados. The House met by special summons from the President. Some absentees were fined. See preceding abstract. Resolved that a Bill be prepared embodying the resolutions of the House given in preceding, and that the power given to the former Commissioners for taking up vessels of war cease.
Address for the payment of 1,300l. sterl. to Capt. Thomas for the loss of the Madeira passed. [C.O. 31, 7. pp. 13–16.]
Dec. 17.
Admiralty Office.
58. J. Burchett to Mr. Popple. In answer to preceding. Orders are given to the Southampton, which now attends on Virginia, to repair to England with the Trade ready to accompany her from thence, and that there is not a prospect of any other convoy till such times as those ships arrive which shall be sent from hence. Signed, J. Burchett. Endorsed, Recd. Read Dec. 18, 1702. 1 p. Enclosed,
58. i. Extract of letter from Governor Nicholson to the Earl of Nottingham, relating to convoys. July 23, 1702. Copy. ½ p. [C.O. 5, 1313. Nos. 7, 7.i.; and 5, 1360. pp. 343, 344.]
Dec. 17.
Whitehall.
59. William Popple to William Wharton. The Council of Trade and Plantations having perused the draught of the Charter, desired by Sir Mathew Dudley and others for bringing Naval Stores from New England, which you lately sent me, desire you to acquaint them that not finding therein any express proposal of the sorts and quantities to be brought over in some certain limited time, nor any obligation upon the undertakers to the effectual performance of what they pretend to, as neither any provision against stock-jobbing; they do think it necessary to have before them the proposals which those Gentlemen shall think fit to make of those kindes, before they enter into the consideration of the articles desired. [C.O. 5, 910. p. 304.]
Dec. 17.60. J. Thurston to Mr. Popple. Enclosing the following, "a full answer to the complaints of this year." Signed, J. Thurston. Endorsed, Recd. 18th, Read Dec. 22, 1702. Holograph. 1 p. Enclosed,
60. i. State of the cloathing of the Company of Foot at Newfoundland, 1698–1702, with several affidavits as to the making and dispatch of the said clothing at the direction of J. Thurston. Dec. 13, 1702. Also an Account of the subsistence sent over by the said Agent, who for his four years' work has only received 40l. etc. 14 pp. [C.O. 194, 2. Nos. 89, 89.i.; and 195, 3. pp. 130–143.]
Dec. 17.
Whitehall.
61. Council of Trade and Plantations to the Earl of Nottingham. Enclosing papers relating to Mr. Atwood and Mr. Weaver. Signed, Weymouth, Rob. Cecill, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Mat Prior. Annexed,
61. i. List of papers referred to. [C.O. 5, 1119. pp. 252–254.]
Dec. 17.
Whitehall.
62. William Popple to John Champante. The account the Council of Trade and Plantations desire of you [Dec. 15] is not only of the subsistence money for the soldiers at New York, but also of their pay, and of all other money whatsoever that has been received by you for the service of the Crown during the government of the Earl of Bellomont and of Capt. Nanfan, and also of the cloathing provided and sent for them during the same time. [C.O. 5, 1119. pp. 254, 255.]
Dec. 17.
Whitehall.
63. William Popple to Mr. Thrale. The account the Council of Trade and Plantations require of you [Dec. 15] is of all money received by you for the service of the Crown and of the cloathing, provided and sent for the soldiers, as preceding, since the Lord Cornbury has been constituted Governor. [C.O. 5, 1119. p. 255.]
Dec. 17.64. J. Thurston to William Popple. Enclosing comments upon Capt. Powell's demands; only two of the articles in any way concern the Agent. Signed, J. Thurston. Endorsed, Recd. 18th, Read Dec. 22, 1702. Holograph. 1 p. Enclosed,
64. i. Mr. Thurston's answer referred to in preceding. Dec. 18, 1702. Signed, J. Thurston. 5 pp. [C.O. 194, 2. Nos. 90, 90. i.; and 195, 3. pp. 126–130.]
[? Dec. 17.]65. Saml. Allen to the Council of Trade and Plantations. Statement of Claim and Petition as in following. Signed, Saml. Allen. No date or endorsement. 5 pp. [C.O. 5, 862, No. 140; and 5, 910. pp. 323–330.]
Dec. 17.
St. James's.
66. Order of Queen in Council. Referring Petition of Samuel Allen to the Council of Trade and Plantations to examine and report upon. Signed, John Povey. Endorsed, Recd. 24th, Read Dec. 31, 1702. Annexed,
66. i. Petition of Samuel Allen to the Queen. Repeats claim to the Proprietorship of New Hampshire through the title of Robert Mason. Prays H.M. to direct the Governor to permit petitioner to have and enjoy the waste and unimproved lands therein. Copy. 2 pp. [C.O. 5, 862. Nos. 139, 139. i.; and 5, 910. pp. 318–322.]
Dec. 17.
St. James's.
67. Order of Queen in Council. Upon Representation of Dec. 3, approving Act of New Hampshire accordingly. Signed, Edward Southwell. Endorsed, Recd. 20th, Read March 23, 1702/3. 1 p. [C.O. 5, 863. No. 7; and 5, 910. p. 443.]
Dec. 17.
St. James's.
68. Order of Queen in Council. Approving Representation of Dec. 8 (q.v.) and affirming the judgment given in the Superior Court of Judicature in New Hampshire, Aug. 3, 1700; but, in regard the said Judgment is not final in its nature, ordered that the Appellant be left at liberty to bring a new action in ejectment in the Courts in New Hampshire in order to try his title to the Propriety of the Lands in question, or certain Quit-rents payable out of the same, and that, in case upon such trial any doubt in Law shall arise, the Jury be directed to find the matter specially, that is what title the Appellant and Defendant do severally make out to the said lands in question, and that the point in law be reserved to the Court before whom the same shall be tryed, or if upon such tryal any doubt shall arise concerning the evidence given at such tryal, such doubts are to be specially stated and taken in writing, to the end that in case either party shall think fit to appeal to H.M. in Council, H.M. may be more fully informed in order to a final determination of the case, and the Governor or Lieut.-Governor and Council and all other persons whom it may concern are to take notice hereof and to govern themselves accordingly. Endorsed, Recd. 15th, Read 18 Jan. 1702/3. 2¼ pp. [C.O. 5, 862. No. 138; and 5, 910. pp. 357–360.]
Dec. 17.
St. James's.
69. Order of Queen in Council. Repealing the Act for settling St. Christopher's in accordance with Representation of Dec. 10. Signed, Edward Southwell. Endorsed, Recd. Read Jan. 4, 1702. 1¼ pp. [C.O. 152, 5. No. 15; and 153, 8. pp. 131, 132.]
Dec. 17.
Whitehall.
70. Council of Trade and Plantations to the Earl of Nottingham. In answer to your letter of Dec. 14, we enclose papers relating to Mr. Atwood and Mr. Weaver. Signed, Weymouth, Rob. Cecill, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior. 1 p. Enclosed,
70. i. List of papers referred to above. 2½ pp. [C.O. 5, 1084. No. 12, 8.]
Dec. 18.
Whitehall.
71. William Popple to Josiah Burchett. The Council of Trade and Plantations will be able in two or three days to form a Report upon the Petitions relating to the Virginia and Maryland Trade; they therefore humbly offer to H.R.H. that the Orders going to the Southampton now in Virginia may be respited until that time. [C.O. 5, 1360. p. 346.]
[Dec. 18.]72. List of London ships (37), belonging to the Trade of Virginia and Maryland that will be ready for the convoy by the latter end of January. There are besides several ships gone to Lisbone, Berbadoes, Jamaico etc., which intend to load in Virginia and Maryland. The owners of sundry ships mentioned in the list designed to stay till July next, have declared that, if a convoy be ready in January, their ships shall depart therewith. Endorsed, Recd. Read Dec. 18, 1702. 1 p. Enclosed,
72. i. List of ships belonging to Liverpool gone and ready to sail for Virginia and Maryland. 17 ships, besides 7 now at London. 1 p. [C.O. 5, 1313. Nos. 8, 8.i.; and 5, 1360. pp. 344–346.]
Dec. 18.
Whitehall.
73. Journal of Council of Trade and Plantations. Letter from Mr. Burchett, Dec. 17, read. Answer returned.
Sir Richard Levett and several merchants of London together with Sir William Daws and divers other gentlemen concerned in the Virginia and Maryland trade from the western ports, on the one side, and Sir Wm. Phippard together with Mr. Peachey, other merchants of London, on the other side, attending according to appointment, both sides were heard, in relation to the sending of convoys to those parts and the return of the Trade from thence. Those joined with Sir Richd. Levit, to shew the reasonableness of their desire to have a convoy in January next, delivered in lists of ships belonging to London and Liverpool, which will be ready to sail at that time, amounting to 62, and added that there would be above 25 more from Bristol, besides several others that are already upon voyages abroad, and will repair to Virginia or Maryland to return with that convoy. Mr. Perry and those joined with him did not oppose the sending of that convoy in January; but pressed much that they may be assured of another convoy in July; whereupon the other side declared that, in their opinion, July would be a very improper season; yet both agreed that, for the future, the fittest time for the sending of a convoy yearly to those parts during the war would be about the middle of August, and to return from thence yearly in the spring. But as to the stopping of ships in Virginia and Maryland, which may not be ready to come out with the convoy from thence, until another opportunity of convoy should offer, they differed in their opinions, and did not come to any agreement about it. Their Lordships made some progress in preparing a report to H.R.H. upon it. [C.O. 391, 15. pp. 328–330; and 391, 96. No. 204.]