|
| April 6. |
Mr. William Robinson's proposition for dividing the parish
of Sittingburn in Richmond and Essex Counties was referred
to the Committee on the Bill concerning the Church Clergy. |
|
And see preceding abstract under date. |
| April 7. |
The Committee appointed to join with the Council to consider
of the best methods of carrying on the business of the Assembly
and General Court with the greatest ease and conveniency,
reported that they had moved to the Council, as instructed by
the Burgesses, that this House may have leave to adjourn till
such convenient time as they shall think fit after the General
Court, and that the Council had replied, that they had no instruction relating to that matter, nor do they believe it ever was thought
of by the Council, that it lies purely in the power of the Governor
and that therefore they cannot agree to the said proposition.
Resolved, that application be made to H.E. for leave for the
House to adjourn till a convenient time after the General Court. |
|
And see preceding abstract under date. |
|
Resolved, that it is absolutely necessary to make a Representation to H.M. of the inability of this country to comply with H.M.
Commands in contributing the 900l. required for New York.
[C.O. 5, 1413. pp. 35–43.] |
April 6.
Whitehall. |
552. Earl of Nottingham to the Council of Trade and Plantations. Having sent to the Council of H.R.H. the Lord High
Admiral, that part of your representation about Newfoundland
which related to the seamen's assisting on the works ashore and
a Boom to be sent for the harbour of St. Johns, I have received
from them a letter in answer thereunto, containing their opinion
as to both those particulars, which I have laid before the Queen,
who commanded me thereupon to send you an extract of the said
letter, which is accordingly here inclosed, that you may further
consider of this matter and report your opinion in it as soon as
may be, and then H.M. will give such other directions as shall
be necessary. Signed, Nottingham. Holograph. 1 p. Enclosed, |
|
Extract of Letter. In answer whereto we are to acquaint your
Lordship that 'tis absolutely necessary for the service that the
Men of Warr should cruise off the coast for the security of the
Fishery and themselves untill the trade shall be ready to come
away, so that their men can't be spared from them. And as for
masts to make the boom, they cannot be carryed from hence in
the Men of Warr that are going to Newfoundland and therefore
it is necessary the officers at St. Johns should be ordered to cutt
masts in the winter time proper for this service, and to send them
down thither on the snow. ¾ p. The whole endorsed, Recd.
Read April 7, 1703. [C.O. 194, 2. Nos. 111, 111. i.; and 195, 3.
p. 209.] |
| April 6. |
553. Journal of House of Representatives of New York.
Adjourned till tomorrow. |
| April 7. |
Several members being wanting, the House adjourned. |
| April 8. |
The House adjourned. [C.O. 5, 1185. pp. 23, 24.] |
April 7.
Whitehall. |
554. Council of Trade and Plantations to Governor Lord
Cornbury. We have not received any letter from your Lordship
since ours of the 22d February last, wherein we acknowledged
the receipt of those which were then come to our hands. We laid
before H.M. some time since a Representation upon the Act for
2,000 pounds to be applyed to your Lordship's use, that H.M.
might please to give leave for your Lordship to receive the same,
which has accordingly been granted; and we doubt not but your
Agent will have already transmitted to you the necessary Orders
relating thereunto, whereof we send you also here inclosed a copy.
We have considered the remaining Acts past at the same Assembly
and are preparing a Report upon them to be laid before H.M.
We have told you in a former letter that we had prepared a Report
with our opinion for disannulling the Act declaring the town of
East Chester to be a distinct parish etc. which having accordingly
been done, we likewise send you a copy of H.M. Order in Council
for that effect. We have now presented to H.M. a Report upon
the general state of the Province of New Yorke, according to the
letters and papers received from your Lordship; whereof we send
you also a copy, that you may see what we have offered to H.M.
upon each particular; and have added the Minutes of what
has been ordered thereupon, the effect whereof will be diligently
sollicited. As to the fortifications proposed by your Lordship,
you will use your endeavours with the Assembly that they make
provision in the best manner for the defence of the Province. We
have sent your proposal relating to an enterprize against Canada
to the Earle of Nottingham, that it may be considered of. In
relation to the Indians, and the advantage that might accrue by
having two Protestant Ministers amongst them, we hope you
Lordship's care and our representation will be effectual. As to
what concerns Mr. Weaver's accounts, we understand that they
are returned to your Lordship for your observations. And we
expect that the Accounts of the Revenue be for the future transmitted quarterly. Having already transmitted the Lady Bellomont's accounts to your Lordship we have also given to your
Agent the copies of whatever has been offered to us by Mr. Champante relating to the Accounts of Capt. Nanfan, that he may
transmit the same. All which Accounts we judge most proper
for the examination of your Lordship in Council, in order to your
returning a Report upon them and of the particular Vouchers. And
we do from former experience think ourselves obliged to advise
your Lordship not to charge yourself with the receipt of any
publick money or of the pay of the soldiers otherwise than of your
own Company; but to let all such receipts and payments pass
through the hands of the proper Officers, who are responsible
for the same. |
|
Having acquainted Mr. Champante with your Lordship's
complaint of the cloathing last sent over by him and received his
answer, we have also given a copy thereof to Mr. Thrale for your
Lordship's information. We have lately wrote a particular
letter to your Lordship inclosing Mr. Attorney General's opinion
relating to Actions brought by Coll. Bayard and Alderman
Hutchins against the Judges or Grand Jury by whom they were
tryed, and we here inclosed send you a copy thereof, as likewise
of another opinion of Mr. Attorney General's relating to Graves
and Prideaux. We observe in one of your Lordship's letters
the difficulty you found to give us the lists of the inhabitants of
the Province as required by your instructions, by reason of the
ignorance and incapacity of the Sheriffs of some counties, which
we doubt not therefore but you will remedy, so that we may expect
those lists in convenient time. As to your complaint against the
Captains of H.M. ships of war, for their unwillingness to obey the
directions of the Governours of Plantations where they come,
and the instance you gave of the ill execution of your orders
by the seamen sent to seize Mr. Atwood and Mr. Weaver; we
do not conceive there ought to be any alteration in the method
of such orders. Yours must of course be directed to the Captain
or Commander in Cheif, and his to those imployed under him:
after which, if any miscarryage happen, those that are the occasion
of it must bear the blame, according to the importance of the
matter. However upon any information we shall receive from
you of the disobedience of Captains of ships, we shall be ready
to contribute what lies in us towards a redress. Lastly, as we do
expect from your Lordship a constant account by every conveyance
of all matters and transactions within your Government, so we
do recommend to your Lordship, that your letters be delivered
to persons who will be prepared to sink them with weights, in
case they happen to fall into an apparent danger of being taken
by the enemy. Signed, Weymouth, Dartmouth, Robt. Cecill,
Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. [C.O. 5, 1119.
pp. 461–466.] |
April 8.
Whitehall. |
555. Council of Trade and Plantations to Gov. Sir B. Granville.
It having been signifyed to us by some friends of Mr. James Cowse,
that he has met with great delays and obstructions in a
suit which he is prosecuting in Barbados against Mr. Sharp;
and they thereupon desiring our recommendation to you that
speedy and impartial justice may be done him; we do accordingly
desire your care that speedy justice be done him in the course of
his proceedings, and that he may enjoy the benefit of the law,
as other H.M. subjects ought to doe. Signed, Jno. Pollexfen,
Mat. Prior, Robt. Cecill, Ph. Meadows, Wm. Blathwayt. [C.O.
29, 8. p. 296.] |
April 8.
Whitehall. |
556. Journal of Council of Trade and Plantations. Mr.
Merrit and Mr. Roop attending [see April 7], and having
offered their thoughts relating to the fitting of a boom wanted for
the harbour of St. John's in Newfoundland, they were desired
to advise with any other persons they judged fit to give information
in that matter, and thereupon to lay before the Board their
opinion in writing to-morrow morning in answer to the following
queries (1) whether and where trees may be had in Newfoundland
proper for making a boom for floating a chaine cross that Harbour?
(2) How the same must be done, and how the trees may be transplanted thither? (3) What may be the charge necessary for this
service? (4) What time of year is proper for making the said
Boom? |
|
Letter to Governor Sir B. Granville signed and sent to Mr.
Attorney General, who had desired the same, to be transmitted
to him. |
|
Act of New York, Nov. last, and especially that for repealing
several Acts, etc., considered. |
| April 9. |
Representation upon the wast lands in New Hampshire signed. |
|
Memorial from Mr. Thurston read. |
|
Memorial from Mr. John Roop read. |
|
Letter to the Earl of Nottingham, relating to Newfoundland,
signed. |
|
Memorial from Mr. Rowland Tryon read. |
|
Memorial from Isaac Taylor read. Copy ordered to be sent
to Mr. Thrale for his answer. [C.O. 391, 16. pp. 61–64; and
391, 97. pp. 277–282.] |
| April 8. |
557. Minutes of Council of Virginia. H.E. laid before the
Council an Address presented to him yesterday by the House
of Burgesses wherein they represent several difficulties which will
be likely to hinder their proceedings especially if the Assembly
sit during the General Court etc. [See Journal of Council in
Assembly April 7.] H.E. thereupon asked the advice of the
Council whether there be an absolute necessity for continuing this
present Session, or if a recess be necessary. The Council were
of opinion that the House of Burgesses having already made some
progress in reading the revised laws, the height of the business
of the Assembly will happen in time of next General Court, and
therefore (since there's no absolute necessity for continuing this
session) they think it will be for H.M. and the Country's service,
and the ease of the members that at this time a Recess be granted.
But forasmuch as at the beginning of a Session, the Council have
little business for several days, they conceive that the General
Court time will be very proper for the meeting of Assemblys for
the future. In answer to H.E., the Council advised that the
first day of next October General Court will be soon enough for
the Assembly's meeting, since they do not apprehend there is any
absolute necessity for it sooner. Then H.E. desired the advice
of the Council whether, if any accident or other reasons should
happen which may obstruct the sitting of the Assembly next Fall,
it may not be put off till the spring without any detriment to
the Queen's or Country's service. Whereupon the Council
declare that they are not at present sensible of any inconvenience
or detriment likely to happen to H.M. or this Colony's service
by the Assembly being further delayed, if any extraordinary
emergency should require the same. |
|
H.E. having this day received an Address from the House of
Burgesses in answer to his speeches this Session, laid the same
before the Council, and asked their advice whether the answer
of the Burgesses relating to the Quota for New York is a full,
absolute and sufficient answer to H.M. Royal letter. The Council
desired time till to-morrow to consider. |
| April 9. |
The Council delivered their reply:—We considered the answer
to be very plain and full: but for the sufficiencie of it, not having
been privy to their debates, nor acquainted with the grounds
and reasons of their proceedings, think it improper to give our
opinion for or against their actions, especially out of Assembly,
having already done our duty as a part of that Body to the
utmost of our power for H.M. service in that affair, and not knowing
of any further methods we can take to induce them to any other
answer. |
|
Then H.E. asked the Council if they knew of anything further
proper to be offered by him to the House of Burgesses in relation
to H.M. Royal commands for a quota of men and money to New
York. The Council declared that H.E. hath already done all
that is proper in that affair, and did not think it would be for
H.M. service to urge it any further at this time. H.E. desired
to know the Council's opinion as to sending the quota of men
to New York in case Lord Cornbury should send for them upon
any invasion made by an enemy on that province. The Council
are of opinion that it will not consist with H.M. interest and the
peace and safety of this colony to send the said Quota, for the
following reasons:—(1) That every man sent out of this Government will be at least £20 sterling loss to H.M. in her customs of
Tobacco in England, though absent but three months in a
year. (2) That considering the circumstances of this Country,
the Quota of men desired can't be had or rais'd as volunteers,
the Generality being Freeholders and Masters of Familys, so that
if the said Quota be executed for New York, it must be by a
detachment out of the Militia consisting of the said Freeholders
and housekeepers. (3) That the said detachment will be attended
by other consequences very prejudicial, particularly that as
soon as it is understood such a thing is intended, most of the
single men and poorer sort of house-keepers will remove themselves into the neighbouring Colony of Carolina, the place to
which our runaway servants and desperate debtors do now daily
resort as being most accessible both by land and water, and
where no quota is required, or wheresoever else they can escape
the said detachment, which in all probability will lessen the
number in this Colony more than what will actually be made use
of in the said service. (4) That if the Quota of men be sent,
money must be found for their transportation, subsistence and
pay, and we know of no money to be employed for such uses.
(5) That considering the large open frontiers this country hath
to defend, both by sea and land, and the scarcity of free-men,
who only are to be trusted on such occasions, and the remoteness
of our habitations one from another, together with the fear of an
insurrection from our servants and slaves, who we doubt will
be ready in case of an invasion to join the enemy, the Council are
of opinion that the Country rather wants men and arms for its
own defence, than hath to spare for the assistance of others.
We are likewise in the way of all fleets coming through the Gulph
from the West Indies, and in regard of our defenceless condition
and the vast damage H.M. would sustain by our disturbance,
not only by the destruction of one year's crop, but also by ruining
our Plantations, and consequently the Trade and custom of
Tobacco for divers years to come, we have reason to fear it may
be our lott to be attacked as soon, if not before any of our
neighbours. |
|
Whereas there are several Orders of Council and Journals of
Assembly in the time of Mr. Dionisius Wright, late Clerk of the
Council, not yet entered upon the Council Books, ordered that
Mr. Wm. Robertson, present Clerk, enter the said Journals of
Council and Assembly in the respective Books appointed for
that purpose. |
|
Upon the letter of the Council of Trade and Plantations, Nov.
4, ordered that Mr. Secretary prepare a transcript of all Laws
now in force here to be sent to their Lordships. |
| April 10. |
H.E. asked the Council if they knew of any[thing] further
necessary to be offered to the General Assembly, and they
declaring they knew of nothing at present, H.E. signified his
intention of proroguing the Assembly till Oct. 15. |
|
H.E. acquainting the Council that he thought it was necessary
to signify Governor Lord Cornbury the proceedings of this
Assembly in relation to the Quota, to the end he may be satisfied
no men or money can be expected from hence, ordered that a
transcript of the Journal of Council in Assembly relating thereto
be prepared for that purpose. |
|
Whereas H.E. and Council are informed by several Masters of
ships lately arrived here from Bristol, that a convoy is ordered for
this country, and may be speedily expected, being to sail from
hence, July 1, and at furthest July 10, Ordered that the
embargo laid March 22 be continued till July 1, and in case no
convoy arrive before that time, that the embargo be continued
until further order. |
|
It being represented by the Naval Officer of the Eastern Shore
District that he cannot come over the Bay twice in the year to
make up his accounts with the Auditor without a greater charge
than the perquisites of his office can bear, the Trade being so
inconsiderable in that district, ordered that he be only obliged to
attend Mr. Auditor with his accounts at October General Court,
and make oath for the half year's accounts before the Justices
of Northampton County Court. [C.O. 5, 1412. pp. 58–63.] |
| April 8. |
558. Minutes of Council in Assembly of Virginia. The
House attending, addressed H.E. Enumerate their proceedings
upon matters recommended to them by H.E. |
|
Message from H.E. sent down:—The ordinances past last
session for the defence of the country being only in force till
the then next session, I recommend it to your consideration
if it is necessary at this time to renew it. I think it is the duty
of H.M. good subjects to express a sensible joy for the great
and glorious successes of H.M. arms, and recommend to you
to prepare a suitable Address to H.M. on this great occasion. |
| April 9. |
Report of the Committee for inspecting the Capitol was agreed
to with an amendment (details as to furnishing). |
|
Ordered that the Records remain where they now are till
the place appropriated for them be finished. The Committee
recommended John Redmond for goalkeeper of the Prison and
Caretaker of the Capitol at 30l. per annum. The Committee
conceiving that the Committee appointed to revise the Laws
and also inspect the building of the Capitol have finished the
said revisal, it is proposed that fitting persons be nominated and
appointed to inspect the said building till they be finished, and
to receive the accounts etc. This Report, agreed to by the
Council, was sent down. |
|
Petition of Cople Parish, Westmoreland County, referred to
the Burgesses. |
|
Message sent down from H.E.:—Having formerly recommended to you that part of the letter of the Council of Trade and
Plantations of Nov. 4, relating to the encouraging the natives
and College, and also concerning my going to New York, and the
Collections of the Laws now in force, and not finding by your
Address that you have made any Resolves therein, I do therefore again recommend those matters to your consideration. |
|
H.E. laid before the Council H.M. letter relating to the Quota,
and acquainted them that since the House of Burgesses had
now given their answer on the said letter, he recommended
to the Council as the Upper House of Assembly to consider of
H.M. commands and give him their answer thereon. Whereupon the Council took the same immediately into consideration,
and resolved that an humble Address be prepared to H.M. in
answer. |
|
Resolve of the Burgesses in reply to H.E. [April 8] sent up;
that the Ordinance made the last Session of Assembly for the
defence of the country in time of danger is sufficient, until there
shall be a Session of Assembly. |
|
Resolves of the Burgesses in reply to H.E. message of this
day sent up:—That it is the opinion of this house not to concern
themselves with the College Accounts; that when the Revisal
is proceeded in, it will be a convenient time to take into consideration the setling suitable salaries and fees to the respective
officers for the encouragement of the natives of this country;
that this House have nothing to recommend to H.E. upon his
going to New York; that it is the opinion of this House that
the Council of Trade and Plantations do not mean that this
House shall provide a copy of the Laws in force to be sent to
them, but expect it from H.E., and that he may do it without the
House being concerned therein. |
|
Resolve of the House for paying the Committee for the Revisal
of the Laws sent up, was agreed to. |
|
The Council agreed to the above resolve of the Burgesses as
to the defence of the Country. |
|
Joint Committee appointed for carrying on the building of
the Capitol. |
| April 10. |
Message sent down that H.E. signifying to the Council his
intentions of proroguing this Assembly, the Council conceive
that upon such prorogation all Committees appointed by either
House are then dissolved, and consequently that appointed
yesterday for carrying on the building of the Capitol and Prison
must also fall. The Council therefore propose that the persons
nominated by them and your House or any two of them be(ing)
empowered to execute that trust, without mentioning the word
Committee. The House agreed. |
|
The Council consented to the resolves of the Burgesses on
the petition of Cople Parish. |
|
The Treasurer's accounts, passed by the Burgesses, were sent
up and passed by H.E. and Council. |
|
Report of the Committee to inspect the Capitol sent up passed,
was agreed to by H.E. and Council. |
|
Address to H.M. relating to the Quota was amended and
signed by all the Council:—We the Council of your Majesty's
Colony and Dominion of Virginia, after due perusal and serious
consideration of your Majesty's gracious letter concerning a
voluntary contribution of a quota for New York, being extreamly
concerned that our answer to the like demand made by your
Majesty's Royal Brother, in our petition of Oct. 1, 1701, did
not give your Majesty the expected satisfaction, but that our
management of that affair was disallowed by the Lords of the
Council of Trade and Plantations, humbly beg leave in the most
dutiful manner to lay before your Majesty our answer to those
particulars wherein by the advice of the said Lords we find your
Majesty disapproves our conduct in that petition, together with
an account of our late endeavours to comply with your Majesty's
commands. Whereas in the first place we are charged as having
made our application to your Majesty's Royal Brother in an
irregular manner by an Agent of our own without the consent
of your Governor, we humbly offer to your Majesty's consideration that as we were altogether free from any ill-design in this
method, so we never heard before that any such rule had been
sett limiting the Addresses of subjects in the Plantations to
their Sovereign to be made only by the consent and through the
hands of their Governors, and in this particular case our Governor
had signified so much of his disapprobation of the proceedings
of the General Assembly on account of the said Address, that
we judged it would have been improper to have desired or
expected his mediation or concurrence therein, but now that
we know your Majesty's pleasure, we shall take care in this
and all other applications to your Majesty to observe the said
rule as to presenting our petitions. In the next place, it is
observed of the said petition which was presented to your Majesty
in the name of the Council and Burgesses of Virginia, that it
was signed by no more than four of the members of the Council,
but it often happens by reason of sickness and the remote and distant
habitations of many of the Members, the badness of weather and the
unpassableness of great rivers and bays at certain seasons, that
we are obliged to act with very small numbers, and particularly
at that time, there being but a thin Council before the late
nomination, and these reduced to many inconveniences by a
tedious absence from home during a very long Session of Assembly,
several of them had repaired to their homes to look after their
business, which suffered exceedingly by so long absence, by
which means it came to pass that there were no more of the
Council left but those few who subscribed the said petition, the
rest who went away before it was finished having been consenting
to the several resolves that had been made about it, so that it
was really an unanimous consent of the Council. The reasons
for excusing ourselves from the contribution are excepted against
as insufficient. To which all we have to offer is that though we
were then and still are of the opinion that the reasons laid down
in the said petition were very sufficient to justify the proceedings
of that Assembly with relation to a Contribution of men and
money for New York, yet so great is the deference we have for
your Majesty's recommendation of that affair to the present
General Assembly, that though the said reasons seem to us to
be still in full force, we have taken no notice of them but used
our best endeavours consistent with the methods of Assembly
to further the intent of your Majesty's gracious letter with the
House of Burgesses, and take some good method with the said
House for your Majesty's satisfaction. And therefore we doubt
not your Majesty's candid construction of our proceedings, wch.
though ineffectual to overcome the general dissatisfactions of the
Country and their Representatives in this affair of New York,
yet we think it our duty to assure your Majesty that you reign
entirely in the hearts of your Virginian subjects, that there are
none in all your Dominions better affected to your Majesty's
person and Government than they are. And upon this occasion
we humbly take leave to congratulate the wonderful success of
your Majesty's forces by sea and land in this last summer's
expedition, and to pray to Almighty God that the remaining part
of your auspicious reign may answer so glorious a beginning,
to your Majesty's immortal honour and the happiness of all your
subjects and allies. |
|
An Address was presented to H.E. praying his favour in
transmitting the above Address. H.E. replied to the Council
that though he could not approve of their Address to H.M. in
that affair, yet because it was H.M. command, he would take care
to transmit it to H.M. |
|
The Burgesses attending presented a similar Address to H.E.,
praying him to transmit a similar Address to H.M. "We are
well assured a kind Representation from your Excellency on behalf of this Colony will be of extraordinary service, and we should
not be just to your Excellency's meritt, if we did in the least
doubt your Excellency's zeal for its prosperity, having had so
many instances since you came to the Government how much
you study to discharge your trust with loyalty and faithfulness
to H.M. and respect and care for her good subjects here." He
replied in like terms, adding: "As to the part relating to New
York, I hope you will not expect that I should say much to
mitigate it to H.M. You have said as much as can well be on
that subject. I hear it has been represented in your House
as if I was disaffected to this Country. Gent., I wish all that
ever I have writ into England were now lying here. And when
ever I cease to discharge my duty to God, to H.M. and to do
all the good I can to this country, may I cease to be alive. I
should be ungrateful if I did not return you my hearty thanks
for your several respects to me this Assembly concerning what
was done in your House, particularly for your kind and obliging
Address. I find it for H.M. service to prorogue you to Oct. 15."
[C.O. 5, 1412. pp. 488–503.] |
| April 8. |
559. Journal of House of Burgesses of Virginia. See
preceding abstract under date. The Assembly's Address upon their
proceedings regarding the Quota there referred to concludes:—"It is a great affliction to us that the poverty and necessity
of the country makes us incapable of performing what H.M.
hath been pleased to require of us; and since our not complying
doth not proceed from any disloyalty or undutifulness to H.M.
or disrespect to your Excellency, but purely by reason of the
disability of the country, and the true sense we have of the
general dissatisfaction of the people in that affair, therefore we
humbly hope it will not be insisted on." |
|
Bill to prevent the inhabitants of this country from entertaining or harbouring any Indians or imploying them to hunt
on any land belonging to the English in the Counties of Henrico
and Charles City, was brought in and ordered to lie upon the
table. |
| pril 9. |
Above Bill read the first time. |
|
And see preceding abstract under date. |
|
Several payments ordered to members of the Committee of
the Revisal of the Laws. |
|
Address of the Burgesses to the Queen was agreed to:—As the
great and wonderful successes of the arms of your Majesty and your
allies against the enemies of your Majesty, your people and the true
and holy Protestant Religion, have rendered the beginning of
your Majesty's reign prosperous and glorious to your royal self
and your people, so must the hearts of all your Majesty's faithful
subjects be full charged with gratitude to the Divine Providence
for those signal blessings vouchsafed to your Majesty and for the
happy influences of your most gracious reign, therefore we your
Majesty's most dutiful and loyal subjects, the Burgesses in
the General Assembly of your Colony and Dominion of Virginia
convened, do most humbly presume to congratulate your Majesty
upon this occasion, and to represent to your Majestie our most
dutiful and fervent zeale for the service of your sacred person
and Government. We are very sensible of the happiness that
we and all your Majesties subjects enjoy under your Royal
protection, and we hope that none of your good subjects will
ever fail of making suteable returns of their duty and obedience.
And for ourselves we do most humbly assure your Majesty,
that we will upon all ocasions signalize our fidelity and loyalty
to your Majestie as farr as our poor circumstances will enable
us to do it. But since the benign influences of mercy and compassion do farr excel the glorious lustre of the greatest military
atchievements, and since your Majesty is not only our powerful
defender against foreign enemies, but our merciful deliverer
from all other misfortunes, therefore we humbly hope that your
Majesty will be graciously pleased to pardon us, when by reason
of our poverty and necessity we shall not be capable of performing such actions as might best testify the sincere and zealous
loyalty of our hearts. H.E. Francis Nicholson, Esq., your
Majesty's Lieut.-Governor and General, having laid before us
your Majesty's Royal Commands requiring a contribution of
money and a quota of men (or money in lieu thereof) towards
the defence of your Province of New York; In answer thereto,
having first made our most humble acknowledgements for your
Majesty's grace and goodness to us in proceeding with us in
soe parliamentary a way, whereby we have an opportunity of
laying the true state of our case before your Majesty, we presume
to represent to your Majesty that his late Majesty of glorious
memory in the 12th year of his Reign make a like contribution
signify his pleasure that we should make a like contribution
of men and money for the assistance of New York. Upon consideration whereof in a General Assembly held in the thirteenth
year of his Reign, we did humbly represent to H.M. the true
state of this Dominion and of the Province of New York, whereby
it appeared that the great charges the country was then burthened
with, made it impossible for us to comply with H.M. commands,
and that by reason of the many inconveniences that would
necessarily ensue, it was not for the interest or service of H.M.
that we should furnish the men and money required of us; all
which proceedings are hereunto annexed, and since the same
reasons continue that are therein mentioned, we humbly pray
your Majesty's gracious consideration thereof. And moreover
we humbly presume to add, that now your Majesty is actually
engaged in a war with France and Spain, we are more exposed
to danger then before, for when their ships sail through the
Gulph of Florida towards Europe, they keep a great way along
our coasts, and may easily put into our harbours, and insult our
poor open defenceless country at pleasure, and we shall not be
able to defend ourselves. It is a great affliction to us that it is not
in our power to performe what your Majestie is pleased to require
of us. But since our unhappy circumstances do make us incapable of giving any greater testimonys of our zeale for your
Mties. service than by this Address, therefore we humbly pray
your Majesties Acception and consideration of this true representation of our case, and that you will be graciously pleased
to supersede your commands for any contribution of men or
money to New York from this poor country, which is in more
want of assistance ourselves than capable to give it to others.
And as in duty bound, we shall ever pray that your Majesty's
reign over us may be long and prosperous as the beginning of it
hath been successful and glorious. |
|
This Address was signed by every Member of the Assembly. |
| April 10. |
See preceding abstract under date. |
|
Upon the petition of the parish of Copeley in the County of
Westmorland, resolved that a Church ought to be maintained
in the same place where it hath stood for 40 years, and that
the proceedings of the Vestry for building a Church on the other
side of the River Nomoine, where no Church was ever before
built, are illegal and void. |
|
Upon consideration of Mr. Treasurer's accounts, ordered that
it remain an observation on the Journal that Col. Lee's account,
taken notice of last session as not sworn to, is not yet done, and
that Mr. Treasurer has not accounted for anything in Lee's
district since the last Assembly. |
|
Ordered that the several allowances to Members, Clerks etc.
be paid out of the Imposition funds from liquors, servants and
slaves. The Council consented. [C.O. 5, 1413. pp. 43–60.] |
| April 9. |
560. Mr. Thurston to Mr. Popple. Gives an account of his
solicitations in the business of the Boom for Newfoundland.
Signed, J. Thurston. Endorsed, Recd. Read April 9, 1703. 1 p.
[C.O. 194, 2. No. 112.] |
| [April 9.] |
561. Rowland Tryon, of London, Merchant, to the Council
of Trade and Plantations. Recommending that Col. Walter
Hamilton, of St. Christophers, who served in the expeditions
against the French Caribbee Islands during the late war, and
hath an estate in Nevis and St. Kitts, may be appointed
Lieutenant-Governor of St. Christophers. Endorsed, Recd. Read
April 9, 1703. 1 p. [C.O. 152, 5. No. 23; and 153, 8. pp. 157, 158.] |
April 9.
Whitehall. |
562. Council of Trade and Plantations to the Earl of
Nottingham. We have received your Lordship's letter of the
6th inst., relating to Newfoundland, and do think it for H.M.
service that while any ships of war appointed for the Newfoundland
convoy do remain in the harbour of St. John's, which they
have often done, the seamen be assisting on those fortifications.
As to the Boom, we continue to be of opinion that the timber
for the same may be most expeditiously and with least expence
prepared here, and sent from hence either by the men of war or
merchant ships going to Newfoundland, there being wanting
there artificers, money and other necessaries for that service.
But in case it shal not be thought fit that this work be performed
from hence, we herewith send your Lordship the opinion of
persons conversant in Newfoundland how the same may be best
performed in that country, and an estimate of what the charge
thereof may amount to, which is to be supplyed from hence.
Signed, Weymouth, Dartmouth, Rob. Cecill, Ph. Meadows, John
Pollexfen, Mat. Prior. [Autographs.] 1 p. Annexed, |
|
562. i. Opinion of some persons conversant in Newfoundland
relating to a boom for St. John's. There are trees
fit for the boom at Blackhead Bay, southward of
St. Johns, and at several other places northward along
the coast, etc., etc. Signed, John Roope. Endorsed, Recd.
Read April 9, 1703. 1 p. [C.O. 194, 2. No. 113; and
194, 3. No. 4; and 195, 3. pp. 210–212.] |
| April 9. |
563. Isaac Taylor to the Council of Trade and Plantations.
Complains on behalf of Lady Bellomont of the delay on the
part of Capt. Mathews and Mr. Mercier in adjusting her accounts
with Mr. Champante and himself. Signed, Isa. Taylor. Endorsed,
Recd. Read April 9, 1703. 1 p. [C.O. 5, 1048. No. 50; and
5, 1119. pp. 467, 468.] |
April 9.
Whitehall. |
564. Council of Trade and Plantations to the Queen. In
obedience to yr. Majesty's Order in Councill of Dec. 17 requiring
us to examine and report our opinion upon the Petition of Samuell
Allen, Esq., praying that he may be permitted to enjoy the waste
and unimproved lands in the Province of New Hampshire in
America, and that he may be quieted in the possession thereof,
we humbly represent that upon consulting yr. M's. Attorney
Generall in relation to Mr. Allen's title to those lands, we have
received his opinion; that the said Allen hath a good title to
the waste lands in the said Province; that he may enter into
and take possession of the same; that if he be disturbed in the
possession thereof, it may be proper for him to assert his right
by legal proceedings in the Courts of Justice within that Province;
and that if upon the tryals which may thereupon be had, the
said Allen do insist that the matters of fact be specially found
by the Juries that shall be there empannelled, it may be reasonable,
that the said Juries be directed to find specially the matters of fact
relating to the titles of the said Allen and of others claiming
the same lands. Whereupon we humbly offer that considering
the inhabitants of the said Province, whereof both Judges and
Jurys consist, are generally the parties against whom the said
Allen is to contend, and that the said Allen, and those from whom
he derives his claim, have for a long tract of time presented
their right without effect, and that those families have sustained
great damage by the delays they have met with in the determination of justice, yr. Majesty would be pleased to give express
direction to Collonel Dudley, yr. Majesty's Governour in Cheif
of the said Province, that in case the said Allen shall be opposed
by the inhabitants, and hindred from entring quietly into
possession of the said waste lands, or that he be disturbed in the
possession thereof, whereupon any tryal or tryals be brought
before your Majesty's Courts there for settling the title to the
said waste lands, and that on such tryal or tryals, the said Allen
do insist that the matters of fact be specially found by the Juries,
he the said Governour in Cheif do all that in him lyes that the
matters of fact shall be specially found accordingly; and further
that exemplifications of the entries of all proceedings and other
papers relating to the settling of the title to the said lands, be
delivered under the seale of the Province to the parties, desiring
the same; to the end that upon an appeal or appeals from the
judgements thereupon given to your Majesty in Councill, your
Majesty may be fully informed of those matters, in order to a
final determination thereof. Signed, Weymouth, Dartmouth,
Rob. Cecill, Ph. Meadows, Wm. Blathwayt, John Pollexfen,
Mat. Prior. [C.O. 5, 910. pp. 450–453.] |
April 10.
St. James's. |
565. Order of Queen in Council. Approving preceding
Representation, and ordering the Council of Trade and Plantations
to prepare a letter to the Governor of New Hampshire under
H.M. royal sign manuall accordingly, and present the same for
H.M. approbation at the Board. Signed, Edward Southwell.
Endorsed, Recd. Read April 13, 1703. 2 pp. [C.O. 5, 863.
No. 18; and 5, 910. pp. 453–457.] |
April 10.
St. James's |
566. Order of Queen in Council. Approving of Representation of April 2, and directing that Governors' salaries be settled
and paid as therein proposed, and that letters be sent to the
Governors and Councils accordingly, to be by them communicated
to the respective Assemblies, and that the Rt. Hon. the Lord High
Treasurer is to give the necessary directions for settling and
paying such of the said salaries as are to arise out of the 4½ per
cent. in Barbadoes and the Leeward Islands, and the 100l. sterl.
to be added to the salary of the Lieutenant-Governor of Bermuda
in such manner as is proposed. The Council of Trade and
Plantations are to prepare letters to the respective Governors
with such directions accordingly. Signed, Edward Southwell.
Endorsed, Recd. Read April 12, 1703. 1¼ pp. [C.O. 323, 5.
No. 11; and 324, 8. pp. 241, 242.] |
| [April 10.] |
567. John Roope to the Council of Trade and Plantations.
Making a small correction in his paper of April 9, concerning
Newfoundland. Signed, John Roope. 1 p. [C.O. 194, 2.
No. 114.] |
April 10.
General Post Office. |
568. Mr. Waterhouse to Mr. Popple. Enclosing the Act of
New York for establishing a Post Office with the remarks of
the Post Master General upon the same. Signed, Ben. Waterhouse.
Endorsed, Recd. 12th, Read April 13, 1703. ½ p. Enclosed, |
|
568. i. Copy of Act of New York referred to above. 12 pp.
[C.O. 5, 1048. Nos. 52, 52.i.] |
