America and West Indies
March 1703, 1-10

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Institute of Historical Research

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Cecil Headlam (editor)

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1913

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228-246

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'America and West Indies: March 1703, 1-10', Calendar of State Papers Colonial, America and West Indies, Volume 21: 1702-1703 (1913), pp. 228-246. URL: http://www.british-history.ac.uk/report.aspx?compid=73593 Date accessed: 02 October 2014.


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Contents

March 1703, 1-10

March 1.386. Copy of Lord High Treasurer's Order for payment of incidents of the Office of the Board of Trade to Christmas, 1702. (See Feb. 17.) Endorsed, Recd. March 5, 1702/3. [C.O. 388, 75. No. 68.]
March 1.
Crotchet Friars.
387. Solomon Merrett to William Popple. I am obliged in the first place to return you thanks for laying my letter before their Lordships of the 25th February, as it is for the general good of the Newfoundland fishery, especially of the inhabitants of Trinity Bay and Bonavista. And in obedience of their Lordships' commands, signifyed in your letter to me of the same date, I have to the best of my judgement made a calculate of the charge and what else is necessary for the fortification of Trinity Harbour in Trinity Bay, humbly praying their Lordships to pardon what errors I have made in the same as I am ignorant of military affairs, but in the estimate of what effects is generally left in Trinity Bay and Bonavista one year with another. I dare presume it's little less, oftentimes more. As to the fortification, there's no need of brick and stones for the fort to be built at the west entrance of the harbour, as they have turf and pallisadoes enough in the country. And as the inhabitants will gladly work on the same that they may have a place to secure their effects in the winter time, only there must be sent a few brick or stone for a magazin for powder, which the ships from Poole will carry without any freight, and the inhabitants with assistance will compleat the fortification in six weeks or two months, I therefore propose that 30 cannon, 8 or 9 pounders, 100 barrels of powder, 100 small arms with carridges and shott and other things answerable to said gunns and small arms, be sent over with the convoy that goes for the sackes, in May, the which may amount to 2,000l., or one or two hundred pounds more or lesse, delivered in Newfoundland, that with these gunns, and an officer and 40 men (if a Company be thought to much) be sent, that the chief officer have power to command the inhabitants to work on the fortifications when the fishing season is over about the 20th August, and to have them under military command, on the appearance of the enemy, or on any exigent occasion. The charge of sending over, and pay, and maintenance for said soldiers I am informed will be yearly 1,400l. a little more or less. So that Guns etc. will be the first charge, which (powder excepted) may remain these many years without an addition of that charge, the soldiers will be a constant yearly charge and these will do more service than a man of warr, whose charge will be 8 or tenn times more, and I humbly offer that this charge will be but a trifle for to protect one third part of the fishery to Newfoundland, which brings in so great a revenue yearly and other advantages. Then Sr. as to the effects left yearly in Trinity Bay, in the harbours called Trinity Harbour, English Harbour, Salmon Cove. Hearts Ease, Hearts Content, New Parlican, Silly Cove, Hans Harbour, and Old Perlican, which are the harbours of Trinity Bay; in time of peace, there was (and may be again when they can be secure) left one year with another about thirty three thousand pounds, which account I have from those that lived there and is computed as follows. In these harbours were kept 260 boates for fishing which with boates, cables, sailes, anchors, netts, lines, hookes, their stages and other craft for fishing thereunto belonging ashoare at fifty pounds each is 13,000l – –. The houses, furniture and provisions for the famillys computed 100 houses with all charges at 90l. p. house, 9,000l. – –. The salt left is some yeares 5,000 hogshds., generally not less than 3,000 hogshds. at 20s. each—3,000l. – –. The fish left in these harbours hath been sometimes 20 or 30,000 quintalls, but one year with another in times of warr may be computed at least 10,000 quintalls at 10s. per quintall—5,000l. – –. The bread, pork, beefe, malt, pease, flower and oyle and other commodities left yearly may be vallued at least 3,000l. – –. Also the fortifying this Trinity Harbour will secure Bonavista by land, in which harbour are as many or more inhabitants as in three of these, the effects of which may be computed at least worth 12,000l. – –. So that the whole secured by this may be vallued at 45,000l. – –. And as there's space of ground enough on the point of land at the west entrance of Trinity Harbour, where this fortification is proposed to be built, I humbly offer its my opinion that the inhabitants be obliged to build their houses and storehouses within or near the fort as the Engineer may think fitt, which will oblige them to defend the same. Craving leave again to add that unless this be effected this year, which may easily be done in time, the trade of that part of the land which is more than ⅓ of the whole will be lost. It may be reasonably feared the French who have so great a regard to that trade will fortifye this harbour which lyes so conveniently for them. I humbly pray you to excuse what errors I may have committed herein. Signed, Solomon Merrett.
Sir, I pray you to favour me with a line when we may hope to have the protections for the ships, in the list gave, without which we cannot fitt out as the season comes on apace. Sir, since the above I am informed that the Council have ordered protections, provided that we procure our quota of men for the fleet as other ships are obliged to do, if this be insisted on from us, wee must give over thought of that, but I humbly hope their Lordships will represent that wee in this fishery much increase the number of sailers, as the landsment wee yearly carry out become to be sailers in two years time by which they make much more money for wages than wee give them, so this hardship on our fishery will totally discourage us. Endorsed, Recd. Read March 1st, 1702/3. Addressed. Sealed. 2 pp. [C.O. 194, 2. No. 98; and 195, 3. pp. 173–177.]
March 1.
Whitehall.
388. Earl of Nottingham to the Council of Trade and Plantations. The Queen thinking it not reasonable to allow the former demands made by Sir Jeffry Jeffreys in his proposal which was transmitted to you, and whereupon you made a report, he hath now offered to H.M. another proposall, which I send you herewith, that you may consider of it and report your opinion to H.M. Signed, Nottingham. Endorsed, Recd. Read March 2, 1702/3. 1 p. Enclosed,
388. i. Memorial of Sir Jeffrey Jeffreys to the Queen. Having undertaken to pay the subsistence of the four companies of soldiers in garrison at New York and Albany, and having built a ship of 180 tons mounted with fourteen guns now ready to put to sea at Cows, the Eagle, Capt. Davison, Commander, and having some goods aboard for the supply of said undertaking, doth propose to make two voyages thither and black to the Is. of Wight for six or seven months, in case your Majesty shall be pleased to constitute the said vessel with your Majesty's Commission in the nature of a packett-boat and protection for fourty men for said time, with liberty to take in such goods and passengers as offiers upon freight, together with the advantage of the letters according to the rates settled by Mr. Dummer's packetts, to stay at New York not executing 30 days, and to return to the Isle of Wight, whereby an experiment may be made of settling and carrying on a correspondence for those parts during the war without charge to your Majesty. [C.O. 324, 8. pp. 220–222; and 323, 5. Nos. 7, 7.i.]
March 1.
Whitehall.
389. William Popple to Josias Burchett. In reply to your letter of Feb. 26, the Council of Trade and Plantations send enclosed copies of two letters from Mr. Bridgman relating to convoys for salt ships from Lisbon to Newfoundland, Feb. 1696/7. Their Lordships have not yet communicated your letter to the merchants, being desirous first to understand H.R.H. further pleasure in reference to the salt ships intended this year from Portugal to Newfoundland, because they are apprehensive, from the discourses they have lately had with those merchants, lest the want thereof should disappoint this year's fishery. [C.O. 195, 3. pp. 179, 180.]
March 2.
Admiralty Office.
390. J. Burchett to William Popple. In reply to preceding. Before receipt thereof, H.R.H. had signed orders to the Commander in Chief of the Convoy gone to Portugal to appoint one of the ships of his squadron to see the ships and vessels well into the sea, that are bound with salt from Lisbon to Newfoundland. Signed, J. Burchett. Endorsed, Recd. Read March 3, 1702/3. Addressed. Sealed. ¾ p. [C.O. 194, 2. No. 99; and 195, 3. pp. 180, 181.]
March 1.
Whitehall.
391. Journal of Council of Trade and Plantations. Letter from Mr. Merrit, March 1, read.
Letter from the Earl of Nottingham as to Sir Jeffry Jeffrys' proposal read.
Letter from Mr. Burchet, Feb. 26, read, and the Secretary was directed to answer.
March 2.Letter from Mr. Larkin, Oct. 15, read. Enclosures laid before the Board. Letters from Mr. Larkin of Oct. 26 and Nov. 1 also read. Whereupon a letter was writ to Capt. Bennet, and another, by their Lordships' directions, by the Secretary to Mr. Larkin.
Sir Jeffrey Jeffrys' proposal was taken into consideration. Directions given for preparing an answer to the Earl of Nottingham thereon.
March 3.Mr. Pereira laid a petition of the Jews of Jamaica before the Board, which was read. At his request he was granted a copy of the Jews' Memorial, 1700.
Letter from Mr. Burchet, March 2, read.
Memorial of Mr. John Roope, an inhabitant of Newfoundland, read.
Some further amendments in the draught of a charter for the importation of Naval Stores from America were made, and the draught of a report wherewith to lay the same before H.M. was agreed upon, and ordered to be transcribed. [C.O. 391, 16. pp. 1–6 and 391, 97. pp. 173–182.]
March 1.
At the Flatts.
392. Minutes of Council of Bermuda. Mr. Larkin's letter to the Lords of the Plantations, and their Lordships' answer, read. Upon an application from Mr. Larkin, offering to give security to answer in England what shall be objected against him here, it is the opinion of this Board that upon his giving good security to H.M. in 1,000l., he may be discharged from his present imprisonment, and depart from thence directly on board of any vessell outwards bound into Jamaica (being the place he saies requires his attendance on H.M. service) if he shall think fit, this Board being always ready to promote H.M. service, but cannot think fit to allow his liberty of going about these Islands to pursue his former evil and dangerous practices of insinuating and amazeing H.M. subjects … and repeating his unparalleled example of lewdness and debauchery.
On reading H.M. Letter about a Thanksgiving to be made throughout these Islands for success at Viego, ordered accordingly, and that Robert Baron, minister, do preach a suitable sermon. [C.O. 40, 2. pp. 53, 54.]
March 1.393. Journal of Assembly of Jamaica. The House met and adjourned.
March 2.Thomas Cox, Thomas Bryan and Thomas Sutton not attending the service of the House, ordered that they be sent for in custody of the Messenger.
Bill for encouraging the importation of white servants was read and recommitted.
Thomas Cox and Thomas Sutton attending in custody, his excuse was approved of, and he was discharged, paying his fees.
On debating the above Bill, it was decided to raise a fund of 1,500l. on the additional duty for that purpose.
Gabriell Manerly was granted leave to bring in a Bill.
And see Minutes of Council in Assembly under date.
March 3.See Minutes of Council in Assembly under date. [C.O. 140, 7. pp. 1–3.]
March 2.394. Wm. Bridges to William Popple. Enclosing a copy of the proportion of ordnance stores sent to Barbados. Signed, Wm. Bridges. Endorsed, Recd. Read March 4, 1702/3. 1 p. Enclosed,
394. i. Ordnance stores sent to Barbados on the Success of London. Ordnance Office, Jan. 1702(3). Includes eight 24 pounders, thirty-four 12 pounders, fifteen demiculverins, with carriages, shot, ladles etc., a train of small artillery (10 iron ordnance mounted on travelling carriages) with round and case shot etc. 3¼ pp. [C.O. 28, 6. Nos. 95, 95.i; and 29, 8. pp. 289–293.]
March 2.
Whitehall.
395. William Popple to George Larkin. The Council of Trade and Plantations order me to acknowledge your letters, Aug.-Nov. 1, and as they must refer the particular examination of them till your return to England, so they think themselves obliged to advise you that, wherever you come, you pay due respect to the dignity and character of H.M. Governours, and endeavour by ways of moderation and civility to make your Commission and the execution of it acceptable to them, as far as may be consistant with the being and intent of it. [C.O. 38, 5. p. 364.]
March 2.
Whitehall.
396. William Popple to Lt. Gov. Handasyde. The inclosed letters being one from the Right Honble. Mr. Secretary Hedges to Mr. Larkin, who tis' believed may be arrived or shortly expected at Jamaica, the other writ by direction of the Lords Commissioners for Trade and Plantations, I am ordered to desire your care in the delivering them to him when there. [C.O. 138, 10. p. 410.]
March 2.
Whitehall.
397. William Popple to the President and Council of Barbados. Enclosing letter to Lt. Gov. Bennet. [C.O. 29, 8. p. 288.]
March 2.
Whitehall.
398. Council of Trade and Plantations to Lt. Gov. Bennett. Mr. Larking in several of his letters having represented to us the hard usage he met with in Bermuda, and the very little respect which was there paid to the Commission which he brought, we referr the particular examination of his complaints to be more fully heard on his returne to England, but think ourselves obliged in the meantime to give you our opinion, that you ought not to have imprisoned a person imployed on so important a Commission, without great consideration, and for very extraordinary reasons, and that in case he had given you any cause of dissatisfaction, you should have referred the matter hither, that the Queen's pleasure might be known therein, and have behaved yourself as much as possibly you could with kindness and civility towards H.M. Officer, which moderation and conduct we recommend to you for the future. Signed, Weymouth, Robt. Cecill, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. March 25.—P.S. We herewith send you two letters from the Earl of Nottingham relating to the French and Spaniards upon occasion of the present warr, not doubting of your care in observing the directions thereby given you within H.M. Islands under your Government. We are expecting an account from you of what Commissions you have given out to privateers, and a copy of one of those Commissions according to what has been formerly desired, and that you be more particular in giving us accounts of all transactions within your Government. [C.O. 38, 5. pp. 362–364.]
March 2.399. Journal of Assembly of Barbados. Absent Members fined. Only 14 Members appearing, the House adjourned for a fortnight. [C.O. 31, 7. p. 36.]
March 2.400. Minutes of Council in Assembly of Jamaica. Bill to invest H.M. in land in Kingston etc., sent up with amendments, read and returned with many amendments.
March 3.The Representatives desired a Conference thereupon, which was held accordingly.
March 4.A further Conference was held.
March 5.A further Conference was held. [C.O. 140, 6. pp. 447–449.]
March 3.
Whitehall.
401. Earl of Nottingham to the Council of Trade and Plantations. I send you by the Queen's command some letters which I lately received from Col. Dudley, and one from Rhode Island in America, that you may consider of the several matters contained in them and report your opinion what may be best for H.M. service to do therein. Signed, Nottingham. Endorsed, Recd. March, Read Aug. 13, 1702/3. 1 p. [See Cal. A. & W.I., Sept. 17, Oct. 15, 20, Nov. 8 and Dec. 10, 1702.] [C.O. 5, 715. No. 11; and 5, 911. p. 126.]
Enclosures referred to in preceding:—
401. ii. Abstract of following. Endorsed, Recd. March, Read Aug. 13, 1703. 2 pp.
401. ii. Governor and Company of Rhode Island to the Earl of Nottingham. General Assembly, Newport, Sept. 17, 1702. Acknowledging letter of May 7, 1702, in obedience to which the War has been declared in the several towns. Endorsed, Recd. March 1702/3. 1 p. Enclosing,
401. iii. Loyal Address of the Governor and Company of Rhode Island to the Queen, Sept. 17, 1702. Congratulate H.M. succession. Endorsed as preceding. 1 p.
401. iv. Address of the Governor and Company of Rhode Island to the Queen. Sept. 29, 1702. Our fathers through excessive labour and travell, hasard and charge did transport themselves out of there native land into these remote parts, where having made a considerable settlement and improvements in your Majesty's province of the Massachusetts Bay, but differing something in their apprehensions in religious concernments, was sorely persecuted there, some of them was banished amongst the barbarous heathen, in the extremity of winter, others not being able to bare the great Oppression that was imposed upon them, did once again leave their desirable stations and habitations and with excessive labours and travel, hassard and charge did transplant themselves into the midst of the Indian natives, where, by the good providence of God upon their labours and industry, they were preserved to admiration, and by consent and lawful purchase from the Indian Princes did settle themselves in this Colony. Quote Charter of Charles II. In accordance with the powers so granted, we did, since the Declaration of War, fit out a privateer of 12 guns which has returned after two months with three ships laden with dried fish taken from the French near the mouth of Canada River. Refer to the visit of Governor Dudley and his Commission as Capt. General and Vice-Admiral of this Colony etc. [See Cal. 1702], and pray to be heard before H.M. in Council. 3¾ pp.
401. v. Copy of Capt. William Wanton's Commission to command a privateer, July 6, 1702. Signed, Sam Cranston, Gov. 1 p.
401. vi. Copy of Capt. Wanton's Instructions for commanding a privateer. July 6, 1702. 1½ pp.
401. vii. Copy of Capt. Wanton's Bond for 1,000l., given for his commanding a privateer. July 6, 1702. Signed, William Wanton, Isaac Martingale, John Scott. 1 p. [C.O. 5, 1262. Nos. 26, 26.i.–vi.]
March 3.402. Letters from the Mayors of Bristol, Biddiford, Barnstable, Fowey, Plymouth, Dartmouth, Exon, Weymouth, Poole, in answer to enquiry of Feb. 25. q.v. and March. 12.
The Whole endorsed Recd. March 5 and 8, Read 9th March, 1702/3. In all, 10 pp. [C.O. 194, 2. Nos. 101, 106, 106.i, 107, 108.]
[March 3.]403. John Roope to the Council of Trade and Plantations. Whereas several of the Merchants concerned in the Newfoundland trade did on this day attend the Council of H.R.H. the Lord High Admiral to know what convoy they should have for their fishing and salt ships that are fitting out for that country, the said Councill did then declare unto them that they had ordered four ships of warr vizt., two to go with fishing ships to sayle on the 1st of April next, and the other two some time in May to convoy the sacks, and had also ordered a ship of warr that is now in Lisbon to sayle with what ships are ready there and bound to Newland and convoy them 150 leagues to the westward and then leave them. But on remonstrance that there was great danger on the coast of Newfoundland, it is thus altered that one of the ships of warr that were ordered to sayle in May, should sayle with all expedition from hence to Portugall and take all the ships that are bound from hence to those parts with him, and so with all convenient speed convoy both them, and those that are already at Lisbon to Newfoundland; but their Honours at the same time informed them that they could not grant protections either to their fishing or salt ships unless they surrendered halfe of their men unto the Queen's Service, which is the greatest of hardships on them, and indeed in a manner impossible for them to comply with, for the time of the year is so farr spent that they have not time, if there were men left in the fishing towns, for them so to do, which in truth they are not, most of the young and able men being already listed in H.M.'s Service. and the Newland trade wholly depending on men's labour, to deny them men is tacitly to prohibitt the Trade, which your Honours are highly sensible is of the greatest importance. Tis therefore humbly desired that your Lordships will as much as in you lyeth second the petition which the said Merchants intend to-morrow to present to the Queen and Council on that subject. Signed, For the rest John Roope. [C.O. 194, 2. No. 100; and 195, 3. pp. 181–183.]
March 4.404. Council of Trade and Plantations to the Queen. In obedience to your Majesty's Order in Councill upon the Petition of Sir Matthew Dudley and others, praying that they may be incorporated for the importation of naval stores from New England, we have considered their said Petition together with several Memorials which they laid before us upon that subject; and having likewise heard not only the said petitioners, but several merchants opposing that design, as prejudicial to their trade, and others desiring that the determination thereon may be suspended untill the matter have been communicated to the Government of the Massachusetts Bay in New England; we humbly take leave to represent to yr. Majesty. In order whereunto we have had under our consideration the draught of a Charter, as first prepared and desired by the petitioners, and have inserted such amendments, restrictions and provisions therein as seemed necessary for the publick service, (to the greatest part whereof the petitioners also have declared their willingness to agree), which draught we humbly lay before your Majesty, and take leave to add the following abstract thereof. The design of this draught being to incorporate the persons to be therein named, and their successors, for the importing of naval stores from your Majesty's Plantations, with such powers as are usually granted to Companies in like cases, for the enabling them to act as a body corporate, and for ye constituting and electing of their officers, and the orderly management of their joynt concerns, the names of persons and the times to be appointed are left in blank to be filled up as shall be judged convenient whenever the same may come to receive yr. Majesty's final approbation. The principal conditions, provisioes and restrictions therein mentioned are, that they shall have liberty to purchase and enjoy lands, in England and America, not exceeding the yearly value of 5,000l. p. annum, as likewise to alienate and dispose of the same; that the stock to be subscribed or raised by them for the carrying on of their undertaking shall not exceed the summ of 150,000l. sterl, vizt. 100,000l. in England and 50,000l. in America. That their Corporation shall not be exclusive of any other persons from trading in the same commodities. That within two years after the date of their Patent they shall import into this kingdome from your Majesty's Plantations (the dangers of the seas excepted) two ships laden with masts, yards and bowsprits, each of which ships to be of 300 tunns burthen at the least. And every year afterwards four ships of the like or greater burthen. That within three years after the date of their Patent, they shall in like manner import into this kingdome 500 tunns of tar, pitch and rosin, and 500 tunns of hemp; and from thenceforwards, yearly and every year, 600 tunns of tar, pitch and rosin, and 1,000 tunns of hemp or greater quantities. That they shall not transport any sorts of naval stores from America to any other country or place whatsoever than to this kingdome or other your Majesties dominions. And for the preventing as much as possible the pernicious trade of stock jobbing, we have inserted a clause—That in case any of the members of this Company (except Executors and Administrators in right of their executorships and administratorships only) shall at any time within five years, from the date of their Patent sell, alienate or transfer their share or interest in the joynt stock or any part thereof, unto any other person or persons than such as are members of the said Company, all and every such part or share of the said stock so alienated, shall from the time of such alienation become forfeited, one fourth part to your Majesty, another fourth part to the informer, and the remaining moiety to the said Corporation. We have likewise inserted severall other clauses and provisions against the making a trade of buying and selling of shares. And have further provided that in case the Governor and Company to be thus constituted shall not within six months after the date of their Patent set about the said undertaking, and put the same in practice according to the tenour and intent of the said Patent; or in case they shall not import the aforesaid quantities of naval stores within the times limmitted; or if they shall misuse the powers granted unto them, so as to make the same grievous to any of yr. Majesty's subjects, or prejudicial to the rest of the traders or inhabitants in New England or other Plantations; then upon an order or declaration of your Majesty's pleasure thereupon in Councill, the Letters Patents, which may have been granted with them, shall at the end of eighteen months next insuing such orders or declaration in Councill, become voyd. Which draught of a Charter is herewith most humbly submitted. Signed, Weymouth, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior. Annexed,
404. i. Draught of a Charter referred to in foregoing. [C.O. 5, 910. pp. 404–442.]
March 4.
St. James's.
405. Order of Queen in Council. Upon above Representation, referring it to H.M. Attorney General to consider the Representation and Charter, for his opinion as to the legal part of the said Charter. Signed, John Povey. Endorsed, Recd. Read April 5, 1703. ¾ p. [C.O. 5, 863. No. 12; and 5, 910. p. 444.]
March 4.
St. James's.
406. Order of Queen in Council. Referring preceding Representation to H.R.H. the Lord High Admiral, who is desired to report to this Board what he conceives fitt for H.M. to do therein, or for the better producing of Naval Stores from the Plantations in America. Signed, John Povey. ¾ p. [C.O. 5, 863. No. 13; and 5, 910. p. 445.]
March 4.
Whitehall.
407. Council of Trade and Plantations to the Queen. The General Assembly of your Majesty's Leeward Charibbée Islands, having lately passed an Act entituled, An Act for the securing the payment of twelve hundred pound sterling for the ends therein set down, the intent whereof is, that the said 1,200l. be imployed by the direction of Coll. Codrington, yr. M's. Governour of those Islands, for buying Plate to be presented to him, as a testimony of their respect, which they humbly desire yr. M. would be pleased to permit; the said Governour by the constitution of that Government being not allowed to receive presents of this kind without yr. M's leave first obtained, and in consideration that his salary of 700l. per annum is not proportionable to his necessary expenses in the Government, and in regard also of the late services performed by him in reducing of St. Christophers, we humbly offer that yr. M. be graciously pleased to permit him to receive the present before mentioned. Signed, Weymouth, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior. [C.O. 153, 8. pp. 139, 140.]
March 4.
St. James's.
408. Order of Queen in Council. Approving preceding Representation and ordering accordingly. Signed, John Povey. Endorsed, Recd. Read March 23, 1702/3. ¾ p. [C.O. 152, 5. No. 17; and 153, 8. p. 156.]
March 4.
St. James's.
409. Order of Queen in Council. Upon reading above representation, ordered that the Lords Commissioners of Trade and Plantations do lay before H.M. at this Board an account of the salaries that now are or may be properly assigned to the respective Governors in the Plantations in order to the hindring such Governors from receiving presents from the Assemblys for the future. Signed, John Povey. Endorsed, Read. Read March 8, 1702/3. ¾ p. [C.O. 323, 5. No. 8.; and 324, 8. pp. 224, 225.]
March 4.
Whitehall.
410. Council of Trade and Plantations to the Earl of Nottingham. In pursuance of your Lordship's letter of the 1st instant, we have considered a second proposall offered by Sir Jeffrey Jeffreys for an experiment of a vessell to make two voyages to New York for settling a correspondence with the Continent of America, by which the said Sir Jeffrey Jeffreys desires that his vessell may be made a packett-boat and have a protection for forty men during the two voyages, to be performed in six or seaven months; that his vessell may stay thirty days at New York, and take in upon freight such goods and passengers as offer out and home, without any limitation, and that for this undertaking he may have the advantage of the postage of all letters to be sent and returned by the said vessell. Upon which we humbly offer that these priviledges will be of benefit to the said Jeffrey Jeffreys, by the preference given him in the course of his trade, but of no advantage to the publick; for that the unlimited taking in of what goods he thinks fit will too much retard the sailing of his ship, and the thirty days stay at New York will frustrate the dispatch which is chiefly designed by the setting up of packet-boats for the West Indies. This vessell in the manner now proposed being no more usefull for the conveyance of letters to and from those parts than any other ship trading to New York, or other part of the Continent; whereas in the case of his staying five days at New York and not carrying above fifty tunns of goods as mentioned by us in our first report, the intent of a quick correspondence was better answered and might have been carryed on with little charge; so that upon the whole matter, we are humbly of opinion that this last proposall will noways contribute to H.M.'s service or the benefit of the Plantation Trade. Signed, Weymouth, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Matt. Prior. 2 pp. [C.O. 5, 1084. No. 16; and 324, 8. pp. 222–224.]
March 4.411. Journal of Council of Trade and Plantations. A Representation upon the draught of a Charter for the importation of Naval Stores from America was signed, and together with the said draught sent to the Council Board.
Report upon an Act of the Leeward Islands signed and sent to the Council Board.
Letter to the Earl of Nottingham in answer to his of the 1st, signed and sent.
Letter from Mr. Bridges, Surveyor of the Ordnance, enclosing a proportion of Naval Stores sent to Barbados, read and ordered to be entered.
Order in Council, Jan. 7, upon the petition of Mr. Lee, was again taken into consideration, and directions given for preparing a report.
March 5.Memorial from Mr. Thomas Byerley read. He was told there was not vacancy in the Council at New York, but that their Lordships would offer to H.M. that the Lord Cornbury may be directed to admit him upon the first vacancy.
Representation upon the memorial of Robert Lee signed.
Order of Council, Feb. 11, disallowing an Act of New York, read.
Several letters and papers from Lord Cornbury, dated in December, were laid before the Board. The first being read, the Address therein mentioned was sent in a letter from the Board to the Earl of Nottingham. Ordered that a Representation be prepared wherewith to lay before H.M. and Act for granting Lord Cornbury 2,000l.
Ordered that a copy of Mr. Champante's Memorial relating to Capt. Nanfan be sent to Mr. Thrale, and that Thrale and Capt. Mattews on the one side, together with Mr. Champante and Mr. Taylor on the other, have notice to attend this Board on Wesnesday. [C.O. 391, 16. pp. 7–13; and 391, 97. pp. 185–193.]
March 4.412. Journal of Assembly of Jamaica. See Minutes of Council in Assembly under date. The Committee of the Conference upon the Bill to invest H.M. in lands reported that the Committee had met, and upon debate on the amendment relating to Elias Nazeran, it was voted that his lot and that of other gentlemen mentioned in the amendment from the Council should be confirmed to them, they paying 10l. each parish for the use of the parish.
Committee appointed to inquire into the proceedings of Justices and Vestries of Port Royal in laying on their taxes by the Acts of the last Assembly; the persons appointed to assess the Jewish nation to give an account to the Committee of the several persons by them taxed and assessed and in what sums.
March 5.Capt. Thomas Freeman absenting himself from the service of the House, he was sent for by the Speaker's warrant.
Resolved, that the House adhere to theire own Bill as to the sufferers of Port Royal being execpted from taxes.
Bill for encouraging the importation of servants was recommitted.
Bill for quartering the soldiers was read and committed.
See Minutes of Council in Assembly under date.
Bill to enable the Justices of St. George's etc. was read the third time and passed.
March 6.The Committee of the Conference reported that upon debate about the Commissioners mentioned in the Act [? for settling Kingston], the Committee of this House adhered to their Commissioners, which the Gentlemen of the Council seemed to resent as being impracticable and unreasonable for the Gentlemen who are against the body of the Act to be nominated Commissioners therein. And as to the exemption of the people of Kingston from taxes for seven years, the Gentlemen of the Council insisted mightily that it should be general, to prevent distinctions and animosities, which the contrary would of necessity occasion, and they declared they should never consent to the passing of the Act on any other terms. As to the clause concerning the filling up the swamp etc., the penalty therein laid on the Justices they thought very unreasonable, it being a very voluntary offer and proposal of their own, but that a penalty ought to be laid on the persons neglecting or refusing to comply with the orders of the Justices and Vestries. It was agreed that all the houses built at Kingston after Jan. 9 last should be free from taxes for seven years; that the penalty should not be laid on the Justices; that the Commissioners should stand as they are.
Ordered that a Bill be brought in to encourage building and settling in the parish of St. Katherine. [C.O. 140, 7. pp. 3–8.]
March 4.
Boston.
413. Minutes of Council of the Massachusetts Bay. 326l. 10s. 8d. paid to the Hon. Col. Thomas Povey on account of the soldiers lately dismissed from H.M. Castle; and 426l. 14s. 8d. on account of the standing garrison.
12l. 15s. 3d. paid to Lieut. Nathaniel Holmes for several utensils purchased by him on account of the garrison.
Whereas the Great and General Court or Assembly are appointed to convene in Boston upon the 10th currant, several of the Members whereof probably may not have had the small-pox, and that distemper having lately been spread through the town, ordered that effectual care be taken by two Justices of the Peace and the Select Men of the said town to give notice by the Constables to the heads of familys, where that distemper has been, forthwith to cleanse and aire their houses, and to burn some tarr therein to prevent infection.
March 5.H.E. communicated to the Council letters received this morning by an express from Lt.-Gov. Partridge, advising that the Scouts from Dover on the third inst. made a discovery of a number of Indians supposed to be enemies. H.E. proposed to send out Capt. Somerby of Newbury with a party of the troop under his command as far as Dover and parts adjacent to make a further discovery. And also to raise a foot company of fifty or sixty men of the Militia in the Middle Regiment within the County of Essex for the enforceing and strengthening of the Eastern parts of this Province. Advised, that John Foster and Andrew Belcher do restore the moneys, sometime since put into their hands to be employed for the redemption of captives from Salley, unto the several persons and places from whom they received it, there being no occasion of using it for that service, H.M. having effected a general redemption of all the English captives there.
Upon reading the petition of James Bull, late captive in Macconess, setting forth the extraordinary hardships he endured there, by the space of eight years and two months, and wasted that little estate he had, and praying that inasmuch as there is a general delivery of all the English captives from thence, the remainder of the money remitted to Mr. John I ve for his redemption and releife, and now in his hands, may be bestowed upon him, advised, that Samuel Sewall, who was to be trusted in that affair, do give order to Mr. John I ve to deliver the remainder of the money in his hands aforesaid free of all charge to James Bull.
Accompt of Col. Daniel Peirse, for provisions sent for trade and supply of the Eastern Indians, committed. [C.O. 5, 789. pp. 489, 490.]
March 4.
Portsmouth.
414. Minutes of Council of New Hampshire. Ordered that Proclamations be sent to all the Towns of this Province for prorogueing the Assembly till April 13. [C.O. 5, 789. p. 142.]
March 5.
Whitehall.
415. Council of Trade and Plantations to the Earl of Nottingham. Enclosing Addresses from New York received in Lord Cornbury's letter [? Dec. 10, 1702] to be laid before the Queen. Signed, Weymouth, Robt. Cecill, Ph. Meadows, Wm. Blathwayt. [C.O. 5, 1119. p. 400.]
March 5.
Whitehall (entered Feb. 5.).
416. Council of Trade and Plantations to the Queen. Report upon Order in Council, Jan. 7, and previous reports upon the matter, Aug., 1689, May, 1694 (q.v.), by which the right of the Earl of Sterling and his executors to the arrears of the annuity is acknowledged, but the compensation desired by them not thought fit to be granted. "We are humbly of the like opinion, viz., that the propriety of Long Island having been many years by legal grants in the quiet possession of other private owners, and under your Majesty's immediate Government, we do not conceive it advisable for your Majesty to permit it to be separated from the Crown; but it appearing to us that the younger children of the said Earl have a right to a compensation for the said debt, we do humbly recommend them as worthy of your Majesty's gracious consideration and bounty." Signed, Weymouth, Dartmouth, Robt. Cecill, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. [C.O. 5, 1119. pp. 388, 389.]
[March 5.]417. Thomas Byerley to the Council of Trade and Plantations. Whereas H.M. has been gratiously pleased to appoint Thomas Byerley Receiver and Collector or her Revenues in New York, it having always been thought necessary for H.M. service that the person discharging the said office should assist and be present in all Assemblys and Councils held for the preservation and management of the said Government and the Revenue thereunto belonging, submits that he should be vested in the like Commission. Signed, Thomas Byerley. Endorsed, Recd. Read March 5, 1702/3. 1 p. [C.O. 5, 1048. No. 35.]
March 5.
Plymouth.
418. George and John Lapthorne to William Popple. Receipt for letters for Barbadoes and Jamaica. Signed, George and John Lapthorne. Endorsed, Recd. 8th, Read March 9, 1702/3. ½ p. [C.O. 323, 5. No. 9.]
March 8.419. Opinion of the Attorney General upon actions brought by Col. Bayard and Mr. Hutchins against their Judges and Grand Jury. Query, whether Bayard and Hutchins, standing yet attainted, can have any such right of action, and whether they could have brought such actions had their attainders been actually reversed. Opinion:—The actions ought not to have been brought either against the Judges or the Grand Jury, and the same will not lye against them, for what they did as Judge or Jury. Besides, a person attainted cannot sue, nor in this case will any action lye after the attainder is reversed. Signed, Edwd. Northey. Endorsed, Recd. from Mr. Champante. Recd. Read March 23, 1702/3. ¾ p. [C.O. 5, 1048. No. 47; and 5, 1119. pp. 439, 440.]
[March 8.]420. Governor Seymour to the Council of Trade and Plantations. Petition for allowance for transport to Maryland, adducing precedents of amounts allowed to Governors of Plantations. Signed, Jo. Seymour. Endorsed, Recd. Read March 8, 1702/3. 1 p. Annexed,
420. i.–v. Precedents of allowance of transport to Governors of Plantations. 4 pp. [C.O. 5, 715. Nos. 73, 73.i.–v.; and (without enclosure) 5, 726. p. 175.]
March 8.421. Mr. Pereyra to the Council of Trade and Plantations. Memorial in behalf of the Jews in Jamaica, praying that they may not be taxed more than any other nation. They were taxed in the manner as the other inhabitants until Sir William Beeston's time, when some merchants conceiving a jealousy that they sold their merchandize cheaper than they would afford them, prevailed on the Government to tax them in an extraordinary manner, hoping thereby to oblige them to quit the Island and their settlements, and then to oblige the Planters and other inhabitants to purchase their merchandize at such rates as they should think fit to impose. The Jews before the present war by their industry and interest had procured the Assiento of Negroes to be established at Jamaica, which very much promoted the trade between the said Island and the Spanish West Indies to the great profit of England. Whereas it is objected against the Jews that the meaner sort of them buy anything from the negroes, which encourages them to steal from their masters, it is humble conceived that if the fact was true, and they alone were the buyers, an Act would have been made to punish the offenders. Presented by I shack Pereyra. Endorsed, Recd. Read March 8, 1702/3. 1 p. [C.O. 137, 5. No. 100.]
March 8.
Whitehall.
422. Journal of Council of Trade and Plantations. Order of Council, March 4, read.
Col. Seymour, appointed Governor of Maryland, laid before the Board a Memorial relating to the charge of his transportation etc., and desired extracts of what may be in this office upon the allowances to other Governors. Ordered accordingly.
Mr. Perera laid before the Board a Memorial relating to the Jews in Jamaica. Report ordered to be prepared that an Instruction may be given to the Governor of Jamaica for that purpose.
The remaining letters and papers received from Lord Cornbury read. And upon a passage in that of Dec. 12, directions were given for sending some part which relates to the cloathing of the soldiers to Mr. Champante for his answer etc. Upon another passage, letter to Mr. Lowndes ordered.
March 9.Letter to the Earl of Nottingham relating to Mr. Byerly's being constituted a Member of the Council of New York signed.
Letters from the several Mayors of the Out-Ports laid before the Board, and the accounts of ships bound thither.
Letter from Messrs. Lapthorne read.
Their Lordships took into consideration the Acts past at the Assembly of New York, Nov. 27 last, and thereon made the following remarks:—Act 14, relating to the Revenue, being but for three years from the expiration of the former, the Lord Cornbury should have endeavoured to have got it for a longer time. The 1st, 2nd, 6th, 7th, 8th, 12th and 15th, all of them being temporary, his Lordship ought to take care that such of them as were intended only as probationary be not re-enacted otherwise than according to the directions contained in his Instructions. Further, upon the 7th, which relates to the Militia, mem. to write to Lord Cornbury to send copy of the Articles of War.
The third is for a present of 2,000l. to Lord Cornbury, which is to be represented, so that he may have H.M. leave to receive it. The 4th, 5th, 9th, 11th Acts are without exception. The 10th, relating to the repeal of several former Acts, their Lordships directed the particular subject and circumstances of each be looked into, in order to their considering how such of them as are fit to be repealed may be particularly disallowed by the Queen without confirming this Act of Assembly for so general a repeal, which is not only an improper method, but contains also unfit expressions (as obliterating, deleting, etc.) which ought not to be done, because it is a destroying of a Record that may probably be useful in some occasions, and ought to be preserved. Upon the 13th Act, relating to a Post Office, ordered that a copy be sent to the Post-Master General for his observations thereupon. Upon the whole, Memorandum to desire his Lordship hereafter to send all Acts separate under distinct seals.
Their Lordships took again into consideration the draught of a representation upon the general state of the Province of New York, which was some time since begun, and gave directions for a further proceeding to be made therein. Upon his Lordship's letter of Sept. 27, ordered that the Secretary acquaint Mr. Weaver that he complains of his having carried away the books belonging to his office, and desire his answer thereunto.
March 10.Mr. Cary presented to the Board the copy of an Address of the Assembly of St. Christopher's to Col. Codrington, with a copy of an Act of that Island, entituled an Act providing fifty slaves to be presented to H.E., in order to begin a settlement here, which were read, but the said Act not being under the seal of the Island, their Lordships thought not fit at present to take any resolution thereupon.
Mr. Champante with Mr. Taylor on one side, and Mr. Thrale with Capt. Matthews on the other attending according to appointment, the latter laid some papers before the Board, copies whereof were given to Mr. Champante. Further, after some disputes between the parties about the state of those accounts to be laid before them of what money will be saved by the respitts from the time that Capt. Nanfan begun to pay the Companies their subsistence to May 9, 1702, supposing the full subsistence paid to him till that time; and directed copies of this Minute to be given [sic] to Mr. Champante and to Capt. Matthews. The said parties were further advised to meet amicably and endeavour to adjust the Lady Bellomont's accounts. [C.O. 391, 16. pp. 13–21; and 391, 97. pp. 197–207.]
March 9.
Whitehall.
423. William Popple to William Lowndes. The Lords Commissioners for Trade and Plantations having received an answer from the Lord Cornbury to what they had writ him concerning the drawing of Bills from New York, send you enclosed extract of his letter for the information of the Rt. Hon. the Lord High Treasurer. [C.O. 5, 1119. pp. 414, 415.]
March 9.
Whitehall.
424. William Popple to John Champante. The Council of Trade and Plantations send you the enclosed extracts of a letter from Lord Cornbury relating to the cloathing for the soldiers at New York which you last sent thither, and to desire your answer thereunto, together with a particular invoice and estimate of that cloathing. The meeting appointed for to-morrow is intended by their Lordships not only for the examination of the Countess of Bellomont's account, but also of Captain Nanfan's. [C.O. 5, 1119. pp. 413, 414.]
March 9.
Whitehall.
425. William Popple to Sir Robert Cotton and Sir Thomas Frankland, Postmasters General. The Council of Trade and Plantations send you enclosed copy of an Act lately passed in the General Assembly of New York for inforcing and continuing a former Act for incouraging a Post Office in that Province, and to desire you to consider the same, and give them your observations thereupon, with what speed you can, in order to their laying the said Act before H.M. [C.O. 5, 1119. pp. 412, 413.]
March 9.
Whitehall.
426. Council of Trade and Plantations to the Earl of Nottingham. H.M. having been lately pleased to appoint Thomas Byerly to be Receiver and Collector of her Revenues in the Province of New York, and he having desired us to move that he may be constituted a Member of H.M. Council there, as his predecessors in that office have been, which we find accordingly to be true and do conceive the same method very fit to be continued, but there being at present no vacancy in that Council, we take leave to offer that your Lordship would be pleased to move H.M. that the Lord Cornbury, Governor of that Province, may be directed to admit Byerly a Member of H.M. said Council on the first vacancy that shall happen; which we humbly propose may be done by H.M. under her royal sign manual. Signed, Dartmouth, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. [C.O. 5, 1119. pp. 415, 416.]
March 9.
Admiralty Office.
427. H.R.H. the Lord High Admiral to the Queen. In pursuance of H.M. Order in Council of the 4th inst., on the petition of several merchants and masters of ships on this side of Gravesend, humbly praying that their ships therein mentioned being fitted out with provisions etc. for Virginia, may have leave to pass Gravesend and proceed to the Downs, to join the convoy, by which means they hope to be the better enabled to comply with H.M. order, that all ships on this side of Gravesend should deliver one half of their men into H.M. Fleet; I offer it as my opinion that they ought not to be permitted to proceed on their aforesaid voyage without first delivering their men according to the late Order in Council, for that it will not only be a great hardship on those who have already furnished H.M. ships with their proportions of men, and encourage others who are under the same circumstance to make the like application, but possibly defeat H.M. intentions in the aforesaid Order in Council. Signed, George. 1½ pp. [S.P. Naval, 7. under date.]
March 9.428. Journal of Assembly of Jamaica. Col. Francis Rose was granted leave of absence.
Capt. Thomas Freeman attending [see March 5), ordered that he withdraw in custody of the Messenger, and that he be heard at another time.
March 10.Bill to confirm the will of John Thomas read the first time and committed.
Ordered that Dr. Samuel Mayo be summoned to attend the Committee appointed to examine the Bill for making good the will of Anne Archer.
Bill for settling the estate of George Read, decd., was read and past the first and second time.
Capt. Freeman, offering his excuses, was discharged, paying his fees.
Bill for quartering the soldiers was read first time and passed. [C.O. 140, 7. pp. 8–10.]
[March 10.]429. Capt. Mathew's objections to Mr. Champante's Accounts. Signed, Peter Mathews. Endorsed, Recd. from Mr. Thrale and Capt. Mathews. Recd. Read March 10, 1702/3. 1¼ pp. [C.O. 5, 1048. No. 37.]
[March 10.]430. An Account of Money paid to the Earl of Bellomont and Mr. Champante by the Earl of Ranelagh. ¾ p. Endorsed, Recd. from Mr. Thrale and Capt. Matthews. Recd. Read March 10, 1702/3. ¾ p. [C.O. 5, 1048. No. 38.]
[March 10.]431. Abstract and State of the Respits of the Four Companies at New York, March 26, 1699—Dec. 24, 1702, with a comparison between the Establishment and the surplus number of men kept up by the Captains. Endorsed as preceding. 3 pp. [C.O. 5, 1048. No. 39.]
March 10.
Boston.
432. Minutes of Council of the Massachusetts Bay. H.E. communicated to the Council a letter from Governor Winthrop of Connecticot, signifying that pursuant to H.E.'s direction for the better security of coasting vessels from those parts bound to Boston with provisions, he had ordered them to make up a fleet at New London, and to be in readiness to attend a convoy by the last of this present month, and so by the last of the following months successively, desiring to be ascertained of the coming of the convoy, by the time set. He also communicated a letter from Lt.-Gov. Partridge concerning the Indians lately seen in the woods near Dover, some of whom had been in at Cochecha, but were gone; he having directed Mr. Waldron to write a more particular accompt of them and their behaviour; and therefore thought it necessary to hear further before he dismist the company of souldiers newly raysed within the County of Essex, but should quarter them out for two or three days.
H.E. further acquainted the Council of the discourse he had yesterday at Cambridge with Watanuman, one of the Pennicooke Sachems, and that he had set him a line for him and his men in their hunting, and directed that they come to the Tradeinghouse near Wataanuck for their supplys, and not to come to any of the English towns or settlements; that he should give speedy notice of any French or French Indians that should come to debauch them, and not entertain them; that he should forthwith speak to George Tohanto, the other Sachem, and direct him to wait on H.E. All which he promised carefully to observe and perform.