America and West Indies
April 1703, 12-20

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Institute of Historical Research

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Cecil Headlam (editor)

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1913

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349-369

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'America and West Indies: April 1703, 12-20', Calendar of State Papers Colonial, America and West Indies, Volume 21: 1702-1703 (1913), pp. 349-369. URL: http://www.british-history.ac.uk/report.aspx?compid=73600 Date accessed: 26 October 2014.


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April 1703, 12-20

April 12.
Castle of Bermuda.
569. Mr. Larkin to the Council of Trade and Plantations. Recapitulates letter of March 24. On the 27 (March) the Commissioners of the Castle sent me word the Justices of the Peace were to meet again at that day, and on the 29th he told me they were to meet on the 31st. The answer I gave him then was that when I was at liberty I knew very well what I had to do. The day before the Secretary having by order of the Governor sent me a Ruff draught of a bond to know whether I liked the condition; I made some alterations which the Governor approved of, and then intimated that he did not insist upon security, he would take my own bond. I send him word I did not know of any crime I had committed, or see any reason for entering into any such bond, but rather then the service upon which I was sent should be retarded or frustrated, I was ready forthwith to execute the bond either with or without security, and when I had so done, he had nothing further to do with me; that I had business both for the Queen and myself which I should dispatch with all the expedition imaginable, and so depart these Islands. I have now given him in a Memorial, a copy of which I'le transmit to your Lordships by the next conveniency. I have letters come frequently from several parts of America from gentlemen that have heard of the severe usage I have met withal here, but the Governor will not suffer any of them to come to my hands without he shall see the contents of them, and stops my letters to your Lordships and Mr. Secretary Hedges under pretence that they are letters to others under your Lops.' cover. Your Lops. most humble and most obedient tho' afflicted servant, Signed, Geo. Larkin. Endorsed, Recd. 19th, Read July 20, 1703. Holograph. 1 p. Annexed,
569. i. Abstract of preceding. 1 p. [C.O. 37, 4. Nos. 21, 21.i.; and (without abstract) 38, 5. pp. 406–409.]
April 12.
Whitehall.
570. Journal of Council of Trade and Plantations. Ordered that Instructions be prepared to the Governors of Plantations according to H.M. Order in Council, March 18, relating to their salaries etc.
April 13.Order in Council, April 3, relating to Naval Stores, read. Ordered that Mr. Wharton be directed to give notice to the undertakers to attend this Board to-morrow.
Instructions to Governors of Plantations relating to salaries further considered.
Mr. Usher presented to the Board H.M. Order in Council, April 10, relating to the wast lands in New Hampshire, which was read. Thereupon ordered that the draught of a letter be prepared for H.M. signature pursuant to the directions of the said Order.
Some notes made by the Post Master General upon the Act for encouraging a Post Office in the Province of New York, being transmitted hither in a letter from Mr. Benjamin Waterhouse, an officer in the Post Office, in answer to the letters writ to the said Post Master General, March 9 and 12, the same was laid before the Board, and referred to be considered together with the Act for inforcing and continuing the Act for incouraging a Post Office in the Province of New York, etc., one of the Acts lately transmitted by Lord Cornbury among those past there Nov. 27, 1702.
Their Lordships again considered the Acts of New York (referred to in the Minutes of April 8), and finding it requisite to expect Lord Cornbury's answer to their letter of Jan. 26, before any final resolution be taken thereupon, they were pleased accordingly for the present to postpone the consideration thereof.
April 14.Several of the undertakers for the importation of Naval Stores from New England attending, and H.M. Order in Council, April 3, and H.R.H. report, being read; they observed that the said report has no relation to the Representation of this Board concerning that matter, nor to the draught of a Charter therein referred to, and they expected yet a further Report thereupon from the Admiralty. In the meantime, however, upon occasion of the said report, they said that there can be no more effectual means to prevent the raising of the price of Naval Stores (apprehended as it seems by the Navy Board) than the bringing in such great quantityes as they were willing to oblige themselves to do, and that upon their undertaking to import such quantityes, the condition proposed for giving H.M. the pre-emption would be wholly needless. However they added that if the Navy Board thought fit to contract with them for masts upon the same terms as they had contracted with Mr. Taylor and Mr. Wallis during 7 years last past, they would be very glad of it, and readily contract accordingly. In relation to the Representation of the Board, they complained of the strictness of the clause against transferring of shares or stockjobbing, wch. they said would be so great a discouragement to subscribers, that they could not submit to it, tho' withal they frankly owned that it might be easily evaded, because there being a liberty left them to sell to the members of the Corporation, they might admit Members and sell or transfer stock to them as they thought fit; but theire desire being to deale plainly and avoid any practice that might look like tricking, they proposed rather that instead of that clause there should be one, that no man who sells out any share of stock, shal be permitted to buy in again in 12 months time, which they said would be sufficient. And they further added that they were willing that whatsoever summs of money were actually paid in to the capital stock of the Company, should always remain there, and the state thereof alwaye lye open for any one to have recourse to; and that nothing but the profits of their trade should at any time be divided, adding also that for the better preventing all ill effects of stockjobbing, the condition of the clause for determining their Charter might be made to extend to any abuse of the liberty allowed them to transfer shares. Upon consideration of all which their Lordships directed them to put their observations upon the forementioned report in writing, and likewise to draw up the form of a clause against stockjobbing, so as might answer the intention of this Board in that matter, and be most easy to themselves, and to lay those two papers before the Board with what speed they can, which they accordingly promised.
Letter from Mr. Negus, desiring by Order of the Earl of Carlisle to be informed to what Plantations H.M. arms are to be sent, being read, their Lordships ordered the following list to be given him, vizt., New Hampshire, Massachusets Bay, New York, Albany, New Jersey, Maryland, Virginia, Jamaica, St. Christophers, Nevis, Antego, Mountserrat, Barbadoes and Bermuda, to each, one. [C.O. 391, 16. pp. 65–73; and 391, 97. pp. 285–295.]
April 12.571. Journal of House of Representatives of New York. Mr. Crum, returned for the County of Orange, took the oaths and signed the test.
April 13.H.E. summoned the Assembly and addressed them:— I am glad to see so many of you now met together in pursuance to the adjournment in November last; and I do not at all doubt but that you come resolved to do whatever shall be found necessary for the advancement of the interest of the great Queen of England, my mistresse, and for the good and welfare of your country, which are both one; you did in November last grant a considerable sum to H.M. for the paying of such a number of men as was thought necessary to be sent up to Albany for the defence of the frontiers this last winter, which service has been performed, though I must observe to you that the supplys granted for that purpose have as yet come in but very slowly. Two of the Acts passed last November will require your further consideration, those for settling the Militia and appointing Commissioners to examine the accounts of the Revenue etc. The first contains an enacting clause which lays a penalty of 6l. upon any person that shall be detacht out of the Militia, and shall not appear at the time and place appointed etc., to be recovered in the Courts of Pleas, which sit so seldom that the offenders conceive great hopes that their offences may be forgotten before the time comes for recovering their forfeitures, therefore I think it would be convenient that a more speedy method may be provided for recovering the penalty.
In the other Act you have appointed Gentlemen very capable of executing the trust reposed in them, but for want of a power sufficient to compel people to lay such books and papers before them as are necessary, I fear great part of their labour may prove fruitless.
Since your adjournment I have received information that the French intend to attack this place by sea this summer. I think the best way to prevent that design will be to erect two batteries of guns at the Narrows, one on each side, which I believe is the only way to make this Port safe. I have ordered an estimate to be made of what that charge may amount to, which shall in few days be laid before you. I must likewise recommend it to your care to provide some fund for the carrying on the fortifications at Albany and other places on the frontiers, lest for want of them, the farmers of those parts should desert their habitations as they have formerly done. I wish, Gentlemen, you would think of a Bill for the better ascertaining and preserving the highways in this Colony. I must again recommend to you a Bill to prevent the distilling of rum and the burning of oystershells into lime within this city. I have great reason to believe that both those things did contribute very much to the increase of that fatall distemper this City was unhappily visited with last summer. I do not doubt but several other things will occur to your thoughts, which may require the passing of wholesome Laws. You will always find me ready to assent to all such Bills as shall be necessary for the promoting and advancing the trade and welfare of this Colony. Refers to the successes of H.M. arms in Europe.
Resolved, that the House will take H.E.'s Speech into consideration to-morrow morning.
Humble petition of Martin Clock, of the City of New York, in custody of the Sergeant at Arms, praying his enlargement read. Ordered that he be brought to the Bar of this House to-morrow in order to his discharge.
April 14.He was discharged on paying his fees and acknowledging his offence.
Resolved that the House will on Friday next take H.E.'s Speech into further consideration. [C.O. 5, 1185. pp. 24–28.]
April 13.572. Minutes of Council of Barbados. The President acquainted the Board that the man of war could not be ready to carry the stores to General Codrington with that expedition as was necessary upon so great an emergency. It was agreed to send the brigantine Larke, which was then ready.
Petition of Elizabeth Kettlewell, executrix of her husband John Kettlewell, read, setting forth that on July 7, 1702, costs were obtained against John Lewis upon a writ of error brought by him against John Kettlewell, and praying that an execution might issue in her own name, which was granted.
Petition of John Clarke, merchant, read, setting forth that he was nearly related to Richard Forstall, decd., that the interest Forstall had left in this island was in danger of being ruined, to prevent which petitioner had entered several caveats to hinder Mrs. Richard Forstall from having any license to marry, she having been many years frantick; that Richard Cockran might not have the administration of the said decd's estate, and that no person might have the custody of the said frantick person without the petitioner having notice thereof. Upon a full hearing of both sides, it appeared that Cockran was fully impowered to manage all the estate of the decd. and have the administration during the absence of Richard Forstall, the decd.'s son now in England, whereupon the petition was dismissed.
Petition of the Hon. Thos. Merrick read, complaining that Thomas Mogridge had for some time last past taken upon him to act as a Surveyor without being ever sworn as by law he ought to be, and praying that for the future he might be adjudged incapable to act in the said office of surveyor. Defendant alledging himself to be a Quaker, and proving that he had taken his affirmation, the petition was dismissed.
William Rawlin, Solicitor General, moving this Board that the Judge of the Admiralty had denied to issue his process upon a libel there filed by Capt. William Pead and Capt. John Halsy against William Francis Andrews, late Master of the sloop Charles II, for unlawful trading with the subjects of the King of Spain, and praying that an Order might issue to the Judge of the Admiralty that process might go out, and that there may be no further delay of proceedings; the President acquainted the Board that Capt. Manuel Manasses Gilligan had applied to him by petition when he was last in town, and upon his allegations of the unjust of the seizure of that sloop, of which Gilligan pretended to be owner, and pretending that he had a good action against Pead and Halsy for such their acting, prayed that he would issue an order for their giving security to answer such damages as Gilligan should recover against them before trial, in case they should not make prize of her, upon which petition, believing the allegations to be true, he did by surprize sign such order; whereupon the President and Council taking the same into their further consideration, do order what has been done on that petition to be superceded and made void, and that the process of the Court of Admiralty do issue as is usual.
Petition of Charles Willson, Planter, read, praying to be relieved against a bill of costs that was served upon his estate, upon a writ of error brought by Thos. Walker and found good; the said Willson being called and not appearing to make good the allegations, the petition was dismissed.
George Hooper, Marshal, paid 12l. 10s. for six months' salary.
Upon the petition of Elizabeth Kettlewell (see above), granted that execution issue in her name for 10l. 10s. against John Lewis.
Wages paid to John Thomas, gunner of Orange Fort.
Petition of M. Casali, that he might not be any longer confined to his chamber, granted, so long as he behaves himself well.
A remonstrance was presented to the Board by Capt. Wm. Pead and Capt. John Halsy (see above) against Capt. Gilligan, which was read, and forasmuch as several papers relating thereto are in custody of the Admiralty, ordered that the Hon. Charles Buckworth, sole Judge of the Court of Admiralty, do examine into the matters contained therein, and have power to summon persons and to take depositions relating thereto, and report the same to the President forthwith. [C.O. 31, 8. pp. 17–21.]
April 12.573. Minutes of Council in Assembly of Jamaica. The Assembly met according to prorogation, but no business this day.
April 13.The House attending, the Governor addressed them:—I hope you are met with a full resolution to make a quick dispatch of everything that I mentioned in my former Speech, or anything else wch. I have omitted wch. may tend to the honour of the Crown of England and the good of this Island, to which I shall always contribute to the utmost of my power as an honest man, etc. [C.O. 140, 6. p. 461.]
April 13.
Portsmouth.
574. Minutes of Council and Assembly of New Hampshire. H.E. Lt.-Gov. Partridge dissolved the Assembly. [C.O. 5, 789. p. 329.]
April 14.575. Minutes of Council of Maryland. Letter from the Council of Trade and Plantations, Nov. 11, 1702, read. Proclamation accordingly ordered appointing May 1 at Annapolis and May 29 in all other parts of this province, for a Day of Publick Thanksgiving for the good success of H.M. arms.
The President acquainted the Board that he had upon oath received a complaint of some unwarrantable actions committed by Capt. Nathaniel Bostock, Commander of H.M. Advice-boat Eagle, with this Government, and thereupon produced the depositions of the Hon. James Sanders, and Capt. James Mitchell, concerning the violence us'd by Capt. Bostock upon his impressing on board the Owners' Adventure (quoted). Letter from the President (Thomas Tench), John Hamond and James Sanders to the Governor of Virginia, March 5, enclosing Capt. Bostock's sailing orders and describing his violent behaviour:—When, upon his refusal to comply with his creditors the Sherif was obliged no longer to forbear, he drew his sword in presence of the President swearing the death of such as should lay hands upon him, and betaking himself to H.M. Advice-boat, boasted he would take the Queen's garrison, and threatened he would sacrifice the last drop of blood in his ship before he would be taken etc. We entreat your Excellency that as soon as your Government shall be supplied with another guardship in the room of the Southampton and H.M. service may allow thereof, you will be pleased to order him up to this H.M. Government, where he may [be] answerable for what he has committed here.
The President acquainted the Board that with the advice of Col. Hammond and Mr. Sanders he went down to Puttuxent, where meeting with Capt. Bostock upon his obstinate behaviour, he had committed him by a mittimus, quoted March 9.
Then was read the Governor of Virginia's letter to the President, of March 23, wherein H.E. acknowledged the receipt of two of his Honour's letters, Feb. 22 and March 6, but not of that sent by the Eagle, which is supposed not to be delivered. H.E. was pleased to communicate to this government that he had embargoed the ships in his government until May 13, and desired that as soon as the ships here could be got ready to joyne the ships there bound for England, Capt. Bostock with the Eagle might be sent down to Virginia again.
Ordered that the Marshall or Water-bayliffe do go on board H.M. Advice-boat Eagle, now riding at the Mouth of Severne River, and deliver to John Symonds the Carpenter and principal warrant-officer and other officers on board during the suspension of Capt. Nathaniel Bostock the following order:—"You are hereby in H.M. name required to bring before myself and Council at the house of Mr. John Freeman in Annapolis Capt. Bostock lately committed to your custody," etc.
The Marshal made return upon oath to the Board that he was with this Board [? order] within 20 yards of the Eagle, and Capt. Bostock being upon the quarter deck, held out his cane and bade them stand, and asked what business they had. They told him they had an order of Council to deliver to Mr. Symonds. Then he said they might come on board, but upon the boatmen's offering to step into the ship, one of the ship's company forbad him, and would not let any come on board, whereupon the Marshal said he had an order to deliver to John Symons, and asked for him, who was not to be seen, but one of the ship's crew bad the Marshall deliver his order to him, for that Symonds had sent him for it, and when he had delivered to that person and not before, they told him that he alone without anybody else might come on board. After a small time, Capt. Bostock bade them put off, and begon about their business.
April 15.Capt. James Mitchell, master of the Owners Adventure of London, acquaints the Board that notwithstanding that Capt. Bostock had received on board the two men which he had lent him, and that Capt. Mitchell's ship was very weakly manned, he still detained two or three men lately impressed from on board his ship. Ordered that the Marshall carry on board the Eagle a command to the commander in cheif on board, to deliver up to him the two men referred to, together with an order to Capt. Bostock immediately to transmit to this Board why their orders of yesterday were not duly complied with, and also a Journal of his proceedings since the departure of Governor Blakiston.
Stephen Haughton, Chirurgion of the said Advice-boat, delivered a letter from Capt. Bostock, saying that he had been on board 8 days expecting orders but had received none, and proposed to beat about the mouth of James River to prevent false trading and protect the province, there being never a man-of-war there, and intending to sail there with the consent of his officers, "if you do not send me orders so to do."
The Marshall returning said that when he was a short distance from the Eagle, Capt. Bostock asked their business, and said he was the Commander in Chief of that vessel, and sent the coxswain on the ship's side to take what papers he had, and promised an answer by and by, and after half an hour said the Orders required no answer. Further debate of this matter referred to a full Council.
Five ships being now ready to sail for England, ordered that the Naval Officers clear all such ships as can be got ready by May 10, and take their bond in 1,000l. sterl. that they will call at Kiquotan in Virginia and join themselves under a convoy if any there, or otherwise with any fleet of merchant ships ready to sail thence to England. [C.O. 5, 745. pp. 19–27.]
April 15.
Whitehall.
576. Journal of Council of Trade and Plantations. Letter from Mr. Thurston read. Ordered that he have notice to continue his sollicitations in all those matters relating to Newfoundland referred to, until a final determination.
Draught of a letter to be signed by H.M. to Governor Dudley agreed upon.
Draught of a Circular Letter to the Governors of Plantations agreed upon, and ordered that particular letters to the several Governors be prepared accordingly.
Ordered that the Agents of Barbadoes, Mr. Cary, Mr. Jory, Mr. Hutchinson, Sir Bartholomew Gracedieu, Sir Gilbert Heathcote, Mr. Perry, Col. Blakiston, Mr. Thrale, Mr. Penn, Mr. Phips, and Mr. Usher be desired to attend on Wednesday, in order to offer what they may think fit relating to the regulation of the coine in the Plantations.
April 16.Representation wherewith to lay a letter to Governor Dudley before the Queen, relating to the wast lands in New Hampshire, signed.
Draughts of letters for H.M. signature, relating to the salaries of Governors, agreed upon, and a Representation signed. [C.O. 391, 16. pp. 73–76; and 391, 97. pp. 297–301.]
April 15.577. J. Thurston to William Popple. The Lord Treasurer has ordered payment of the necessary sums for provisions, clothing and substance for the Company at Newfoundland, as likewise a year's clearing for the Commission Officers, but has not determined anything relating to the Paymaster General's receiving the Muster-rolls in the from they are transmitted hither under the hand of the Commodore, whereby the hon. Commission Officers may be also cleared. My Lord Treasurer has ordered nothing for contingencies either for fire and candle or for medicines, nor given any directions for the value of the malt, to be sent over in money. Signed, J. Thurston. Endorsed, Recd. Read April 5, 1703. Holograph. 1 p. [C.O. 194, 2. No. 115.]
April 16.
Whitehall.
578. Council of Trade and Plantations to the Queen. In obedience to yr. Majesty's Order in Council upon our humble representation relating to the salaries to be allowed to the Governours to yr. Majesty's Plantations and hindring them from receiving presents from the Assemblies, we herewith humbly lay before yr. Majesty the draughts of letters to be prepared for your Majesty's royal signature accordingly. Signed, Weymouth, Dartmouth, Rob. Cecill, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior. Annexed,
578. i. Circular Letter to the Governors of all H.M. Plantations in America relating to Courts of Justice, April 20. Whereas frequent complaints have been made to us of great delays and undue proceedings in the Courts of Justice in several of H.M. Plantations, whereby many of H.M. subjects have very much suffered, and it being of the greatest importance to H.M. service and to the welfare of the Plantations, that Justice be everywhere speedily and duly administered, and that all disorders, delays, and other undue practices in the administration thereof be effectually prevented; we have thought necessary to recommend to you, as we do to the several Governors of other H.M. Plantations in respect of their Government that in the Courts of H.M. of under your Government where you are authorized to preside, you take care that Justice be impartially administered, and that as well there as in all other Courts established within H.M. said of all Judges and other persons therein concerned do likewise perform their several duties without any delay or partiality. And whereas we are informed that there is great want of an especial Court for determining of small causes, we do think it for H.M. service that you recommend to the Assembly of the said of the passing a law for the constituting such Court or Courts, which may be for the ease of H.M. subjects. We further require you to take care that an exact account be transmitted to us by every conveyance of the causes which have been dispatched, and those which remain depending, and in general an abstract of all proceedings in the several Courts of Justice within your said Government. Signed, Weymouth, Dartmouth, Rob. Cecill, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior. Memorandum. This was writ, mutatis mutandis, to the Governours of Barbadoes, Leeward Islands, Jamaica, Bermuda, Virginia, Maryland, New York, New Jersey, Massachusetts Bay, New Hampshire. [C.O. 324, 8. pp. 243–246.]
April 16.579. Memorial from the subscribers for producing Naval Stores in New England to the Council of Trade and Plantations. Your Lordships having bin pleased to give such credit to the sincerity of our intentions against stock jobbing, as to depart from that discouraging clause inserted in the draught of our Charter for restraining assignments of our stock within the first five years, wee thankfully acknowledge your Lordships' favour therein, and doe humbly offer as the most effectual expedient against the frauds and mischeifs in transferring stocks which wee have heard of (the practice itself being wholly unknown to us), that a clause be inserted in our Charter for disabling all persons who shall sell any part of their stock, from directly all indirectly purchasing any stock within one year then next following, under the pain of forfeiting the stock soe purchased; that for the better preventing any evasion of this provision, every person to whom any stock shall be transferred shall declare upon oath to be administred by the Governour, Deputy Governour or some one of the Assistants, for whose use and benefit such stock is transferred to him. This together with the clause already inserted in the draught of the Charter obliging all contracts for stock to be executed within six dayes, wee conceive will effectually prevent the common mischeifs which have obtained the name of stock jobbing. But if your Lordships foresee any other mischeifs which these provisions will not remedy, wee are ready to submit to such farther clauses as shall be consistent with the rights of Trade and the prosperity of this undertaking. Signed, Wm. Wharton, Agent. Endorsed, Recd. 16th, Read April 19, 1703. 1½ pp. [C.O. 5, 863. No. 20; and 5, 910. pp. 477–478.]
April 16.
Whitehall.
580. Council of Trade and Plantations to the Queen. In obedience to your Majesties Order in Councill upon our humble representation relating to the title of Samuel Allen, Esq., to the waste and unimproved lands in your Majesties Province of New Hampshire, we herewith humbly lay before your Majesty the draught of a letter to be prepared for your Majesties royal signature, to Collonel Dudley, your Majesties Governour in Cheif of the said Province, according to our said representation. Signed, Weymouth, Dartmouth, Rob. Cecill, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior. Annexed,
580. i. Draught of a Letter from the Queen to Governor Dudley, referred to above. Whereas Samuel Allen, Proprietor of our Province of New Hampshire, has lately humbly petitioned us that he may be permitted to enjoy the waste and unimproved lands in our said Province, and that he may be quieted in the possession thereof; And whereas it has been represented to us by our Commissioners for Trade and Plantations, unto whom we had referred the consideration of the said Petition that upon consulting our Attorney Generall in relation to the said Allen's title to these lands, they had received his answer that the said Allen hath a good title thereunto, together with his opinion in what manner he may properly assert his right (a copy whereof you will herewith receive), whereupon they our said Commissioners have further humbly offered to us, that the inhabitants of the said Province (whereof both Judges and Juries consist) being generally the parties against whom the said Allen is to contend, that he and those from whom he derives his claim having for a long tract of time prosecuted their right without effect, and that those families having sustained great damage by the delays they have met with in the determination of justice, we would be pleased in consideration thereof, to signify our pleasure thereupon to you our Governour in Cheif of the said Province; we have thought it necessary for the more effectual removal of all obstruction in the course of justice, to direct, and doe accordingly hereby expressly direct and require, 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 shall be brought before our 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, you do all that in you lies that the matters of fact 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 us in Councill, wee may be fully informed of those matters in order to a final determination thereof. [C.O. 5, 910. pp. 463–466.]
April 16.581. Memorial from the Subscribers for producing Naval Stores to the Council of Trade and Plantations. Since your Lordships have been pleased to communicate to us the Report made to H.M. in Councill by H.R.H. the Lord High Admiral upon our Petition, we humbly take leave to offer to your Lordships our thought and observations thereon. We doe not apprehend H.R.H. is against our being incorporated according to the prayer of our Petition, but H.H. conceives it necessary for H.M. service (which we also think reasonable, and are willing to comply with), that masts of the largest size, such as are now furnished to H.M. by Mr. Tayler and Mr. Wallis should be imported by this Company, to which end wee are willing to submit to a clause to be inserted in our Charter obliging us to contract and agree with the Commissioners of the Navy for the time being, to import from New England and Plantations adjacent for the use and supply of H.M. Navy, such masts of the largest size and dimensions as can be there had and produced at such rates and prices and upon the like terms as the same have for seven years last past, in the respective times of war and peace, been usually imported from thence for supply of the Navy; and we hope it will be supposed such contract may and will be as easily, and with as much certainty performed by a Company as it may or can be by a few or private persons. We are likewise willing (besides the quantities of other naval stores mentioned in the draught of our Charter to be imported by us yearly) to offer H.M. the pre-emption of whatever wee shall import of the same species; and shall (as wee think it our interest so to doe) endeavour to have the same of the best sorts that can be there produced, and tho' wee intend nothing less, yet do not conceive it necessary to contract not to raise the price of those commodities since H.M. will have the pre-emption, and to raise the price of them, when the same may be had of others at a lower rate, will not be consistent with the discretion or interest of the Company; besides it's not probable such quantities of naval stores as the subscribers will by their Charter be obliged to import will advance the price of those commodities, but rather will have a quite contrary effect. As to the naval stores mentioned in the said Report to have been sent from New Yorke by the late Earle of Bellomont, wee know not of what sort or species they were, but must acquaint your Lordships we have been informed the same were only produced as an experiment, and that naval stores have not been usually raised there or imported from thence, but that such stores have from time to time been produced in New England and imported hither and have been found good and fit for H.M. service. The subscribers farther humbly crave leave to assure your Lordships of the sincerity of their intentions effectually to prosecute this undertaking, in case they may be incouraged by H.M. favour and a speedy dispatch therein, which the length of time already spent in the consideration thereof, and the great trouble and charge they have been at, as well as the season of the year for these purposes drawing on, makes it the more necessary for them to request. Signed, Wm. Wharton, Agent. Endorsed, Recd. 16th, Read April 19, 1703. 3 pp. [C.O. 5, 863. No. 19; and 5, 910. pp. 473–476.]
[April 16.]582. Mr. Thrale and Mr. Mercer to the Council of Trade and Plantations. The delay in fixing the accounts is no prejudice to Lady Bellomont, because she will be found a debtor on the balance of the account etc. Signed, Jno. Thrale, John Mercer. Endorsed, Recd. 16th, Read April 19, 1703. 1 p. [C.O. 5, 1048. No. 53; and 5, 1119. pp. 474, 475.]
April 16.
H.M.S. Bristol in Plymouth Sound.
583. Capt. Acton to the Secretaries of State. At my leaving Admiral Whetston it was his order I should acquaint your Lordships of the arrival of H.M. ship under my command, wch. was upon Wednesday ye 14th inst. at 8 att night, where I found orders to put to death Coll. Richd. Kirkby and Capt. Cooper Wade, whom with Capt. John Constable now on board; the two former I have in obedience to the Order executed by shooting to death this day at six a clock afternoone, and the other still remains prisoner till further Orders. Feb. 14th I parted from the Keys of Port Royall in company of Rear Admirall Whetson and his fleete consisting of about 12 sail of men-of-war, and 2 fireships, up as high as Cape Tiberoon, where I left him standing to the Eastward of the South side of Hispaniola, his fleete being in good health, as hath been any time to my knowledge these 3 voyages I have been there, I thank God we enjoy the same ourselves, I being the weakest of any on board. The Country in general is healthy and very free from the insults of the enemy etc. Signed, Ed. Acton. Endorsed, R. April 19, 1703. Addressed. 1¾ pp. [C.O. 318, 3. No. 15.]
April 16.
Boston.
584. Minutes of Council of the Massachusetts Bay. Licence was granted to Capt. Cyprian Southack to erect a building of timber for a dwelling-house on his land situate on the N.W. side of Boston, being the same piece of land on which the late Governor Endecott's dwelling-house formerly stood, provided the roof be slated, and the ends and fronts rough-cast or plastered.
Licence granted to Bartholomew Green, mariner, to erect a building of timber on his land in addition to his dwelling-house at the north end of the town butting on the street leading to the North burying place.
Various salaries of officials and soldiers paid.
56s. paid to Capt. Josiah Chapin for three days' service of himself and three men in the Nipmug country, being sent thither by H.E. upon especial service.
20s. paid to John Waite, late Deputy Sheriff of the County of Middlesex for nine days' attendance on H.E. and Council during the session of the General Assembly at Cambridge in October.
1,725l. 8s. 8d. paid to Mr. Treasurer for provisions etc. furnished of H.M. Castle, and the Forts at Saco and Cascobay etc.
46l. 6s. 11d. paid to Capt. William Wormall, late Commander of H.M. Fort at Cascobay, for a new boat with tackle and furniture, firewood and charcoal for the armourer and for other necessaries for the use of the fort.
8l. paid to John Mills for various expresses to Barnstable and one to Salem.
13l. 15s. paid to Capt. Cyprian Southack for horse hire and expence for himself and man in a journey from Boston to Winter Harbour and back in Jan. and March on H.M. service.
51l. 10s. paid to Capt. Andrew Wilson on behalf of the owners of the Greyhound, lately employed in H.M. service for 24 days.
Accounts presented by Andrew Belcher and Capt. Cyprian Southack referred to Committee. [C.O. 5, 789. pp. 496–499.]
April 16.585. Journal of House of Representatives of New York. Petitions of Adrian Hooglandt and Van der Spiegel in custody of the Serjeant at Arms, acknowledging their offence and praying their enlargement, read, ordered that they be brought to the Bar of the House to-morrow.
H.E.'s Speech considered. Ordered that a Bill be brought in to impower the Commissioners appointed to examine the accounts of the Revenue to compel any person to lay such books and papers before them as are necessary.
Ordered, that a Bill be brought in for the ascertaining and amending and preserving the highways in this Colony.
Leave was granted to the Representatives of the City and County of Albany to bring in a Bill to enable the Justices of the Peace to repair or rebuild a common goal and City Hall for the said City and County and to pay the arrears of their charge.
Petition of the Minister and Elders of the French Protestant Church in New York, for leave to bring in a Bill for enabling them to sell their present meeting-house and lot of ground, and to purchase a larger tract of ground to build a larger meetinghouse for the use of the said French Protestant Congregation, granted.
April 17.Messrs. Hooglant and Van der Spiegel were discharged upon paying their fees.
Bill to enable the Justices of Albany, referred to above, was read a first time. [C.O. 5, 1185. pp. 28–31.]
April 17.
St. James's.
586. Order of Queen in Council. Approving Representation of April 16, relating to Governors' salaries, and the drafts of letters enclosed, which the Earl of Nottingham is to prepare for H.M. signature accordingly. Signed, John Povey. Endorsed, Recd. Read April 27, 1703. ¾ p. [C.O. 324, 8. pp. 246, 247; and 323, 5. No. 12.]
April 17.
St. James's.
587. Order of Queen in Council. Approving Representation of April 16, relating to Mr. Allen, and ordering the Earl of Nottingham to prepare the letter enclosed for H.M. signature. Signed, John Povey. Endorsed, Recd. Read April 27, 1703. ¾ p. [C.O. 5, 863. No. 21; and 5, 911. p. 17.]
[April 19.]588. Copy of an Act passed in Maryland in 1699 for ascertaining the bounds of lands, with Lord Baltimore's objections thereto. Endorsed, Recd. Read April 19, 1703. 16¼ large pp. [C.O. 5, 715. No. 74.]
[April 19.]589. Copy of an Act passed in Maryland in 1695, for securing administrators and executors from double paying of debts and limiting the time for payment of obligations etc., with Lord Baltimore's objections thereto. Endorsed, Recd. Read April 19, 1703. 3 pp. [C.O. 5, 715. No. 75.]
April 19.
Whitehall.
590. Journal of Council of Trade and Plantations. Ordered that in the Instructions to be given to the Commodore for Newfoundland there be an article to direct him to examine the allegations of Captain Powel about the provisions etc. pretended to have been furnished by him to the soldiers; likewise to enquire into and make report of the expense of the provisions sent thither the last year and what remain in store.
Further that a letter be also writ to Capt. Richards to the like effect.
Letter from Mr. Skene, Feb. 2, read, and enclosures laid before the Board.
Reply of Mr. Thrale and Mr. Mercier to Mr. Taylor's Memorial read.
Two papers from the Lord Baltemore were laid before the Board. Ordered that a letter be prepared wherein to enclose a copy of the same to the Council of Maryland, that they may consider thereof with due regard to his Lordship's rights; and that the said letter be afterwards delivered to his Lordship that he may send it forwards by what conveyance he thinks most proper.
Two Memorials from Mr. Wharton read.
Letter from Col. Handasyd, Feb. 9, enclosing an Act of Jamaica to prevent the resetling of Port Royal, read, and directions given for preparing an answer thereunto.
Letter from Col. Dudley, Dec. 10, read, and enclosures laid before the Board.
Ordered that a Representation be prepared setting forth the complaints that lye before this Board against Lt.-Gov. Partridge, and recommending that Mr. Usher be restored to that command.
Ordered that Mr. Usher have notice to attend concerning the alterations desired by the New Hampshire Address to be made in the rules for cutting of masts in Piscataqua.
Order of Council, April 3, relating to New York, read; thereupon ordered that Mr. Thrale have notice to sollicite the dispatch of the affairs of that Province in the several offices to which any part thereof is referred.
April 20.Circular Letters to the Governors, relating to the Courts of Justice in the Plantations, signed.
Letter from Mr. Larkin, Nov. 9, read. Directions thereupon given for preparing a report to H.M.
Mr. Thrale attending, their Lordships directed him as above.
Petition of Samuel Allen read. Directions given for preparing the Representation concerning Lt.-Gov. Partridge ordered yesterday to the same effect.
Ordered that Mr. Usher have notice (when he comes to Town) to make certain inquiry whether Mr. Partridge have had H.M. Commission for that Government, or that he do continue in it by virtue only of H.M. Proclamation upon the demise of the late King.
Order of Council, March 20, for repealing two Acts of the Leeward Islands, read, and ordered to be transmitted in the first occasion to Col. Codrington, together with the reasons for the repeal thereof.
April 21.Letter from Mr. Penn, about coine in the Plantations, read. The Agents (summoned April 15) attending in relation to regulating the currency of coyn in the Plantations, they generaly agreed that it would be well if the rate thereof were equal in all places; only Mr. Cary declaring that as Agent for Antego (where pieces of eight under 16 penyweight go at six shillings, and above that weight at 6s. 6d.) he could not think fit that any alteration might be made there, because the people of that Island had found that this course had brought in money amongst them. The gentlemen concerned for Jamaica informed the Board that the rate of Peices of Eight of about 13½d. weight is there at 5s., and those above 16d. weight at 5s. 6d.
Sir Bartholomew Gracedieu and Mr. Way afterwards desired leave to lay before the Board their reasons against the confirmation of the late Act of Jamaica, to prevent the resetling of Port Royal; Sir Gilbert Heathcote, on the other side, declared his opinion for the Act, and that it would be for the advantage of the Island, if the seat of trade were removed to Kingston; whereupon their Lordships desiring them to meet together and confer upon that matter, the Secretary was ordered more particularly to write to them to that effect, and to desire them to lay their opinion, or opinions, before the Board in writing on Monday next in the afternoon. [C.O. 391, 16. pp. 76–86; and 391, 97. pp. 305–314.]
April 19.591. Journal of House of Representatives of New York. Bill for prohibiting the distilling of rum and burning of oyster shells into time within the City of New York or within a mile's distance of the City Hall was read the second time (sic) and committed.
Bill to enable the Justices of Albany, read the second time and committed.
H.E.'s Speech further considered.
April 20.Petition of Richard Greener read, praying some allowance for the hurt he received by a shot from the fort in the time of the late disorders, and order to lie upon the table.
Bill to enable the Justices of Albany read and passed with amendments.
Bill to enable the building of a French Protestant Church etc. read the first and second time, and amended.
April 21.Ordered that a Bill be prepared to explain the Act for defraying the public charge, and maintaining the poor and preventing vagabonds. H.E.'s Speech further considered. [C.O. 5, 1185. pp. 31–34.]
April 19.
At H.M. Royal Capitol, in the City of Williamsburgh.
592. Minutes of Council of Virginia. Whereas Capt. James Greenwell, Richard and James, of London, hath laid before this Board an order of H.M. in Council, Dec. 3, 1702, that no stop be laid on said ship. Ordered that the Collectors and Naval Officers clear her accordingly. [C.O. 5, 1412. p. 63.]
April 20.593. Draught of Letter from the Queen to the Governor and Council of the Leeward Islands. Whereas several inconveniences have arisen to our Government in the Plantations by gifts and presents made to our Governours by the General Assemblies, we have thought fit hereby to signify our express will and pleasure that neither you our Governour, nor any Governour, Lieutenant Governour, Commander in Chief, or President of any of the Councils of our Leeward Islands for the time being, do give your or their consent to the passing any Law or Act for any gift or present to be made to you or any of them by the Assembly or Assemblies of all or any of our said Islands, and that neither you or any of our said Islands, and that neither you nor they do receive any gift or present from any of the said Assemblies or others on any account or in any manner whatsoever, upon pain of our highest displeasure and of being recalled from that our Government, except only that there being no house appointed or set apart by us for our said Governour, or Lieutenant Governours we are pleased to permit the General Assembly and particular Assemblies of our said Islands to assign or provide a house, or rent for the same, out of the publick levies of the said Islands, and to allow you, the Governour, and Lieutenant Governours aforesaid for the time being, to accept thereof, untill a house be built for you or them respectively; provided that the assignment of a house, or rent for the same as aforesaid, be made at the first Session of Assembly after such Governour or Lieutenant Governour's arrival, or after your receipt of this signification of our royal pleasure in this behalf, and that the said house or houses or rent for the same, be assigned to you, our Governour, or Lieutenant Governours respectively as aforesaid for the whole time of your and their Government.
And whereas the salary of 700l. sterl. p. annum assigned out of the Duty of 4½ per cent. arising in the Leeward Islands, for the Governour in Chief of those our Islands, may not be sufficient for his support, and there having been hitherto no salaries established for the particular Lieutenant Governours of each of our said Islands vizt. St. Xtophers, Antego, Nevis and Mountserrat, we have been graciously pleased to give direction that 500l. sterl. p. annum be further added out of the said Duty of 4½ p. cent. to your present salary and to the salary of the Govr. in Chief for the time being. And we have likewise directed that 200l. sterling p. ann. be appointed out of the said Duty of 4½ p. cent. for the respective salaries of each of the Lieutenant Governours, which will be a sufficient salary for them. And whereas by this increase of salaries out of the Duty of 4½ p. cent., granted by the several Assemblies for maintaining the honour and dignity of the Government and for other publick uses, the Assemblies of those Islands will have an opportunity and be in a condition of applying those summes which they frequently gave in presents to the Govrs. or Lieutenant Governours by temporary levies towards such other publick uses as may be most necessary for the defence and safety of the said Islands; we do not doubt but that in consideration of our care in exempting our good subjects from this customary burden of presents the said Assemblies may be the more easily induced to contribute in more ample and effectual manner to their own safety and preservation.
And we do further direct and require that this declaration of our royal will and pleasure be communicated to the several Assemblies of our said Islands at their first meeting after your receipt hereof, and entred in the Registers of our Councils and Assemblies there, that all persons whom it may concern may govern themselves accordingly. Given at our Court of St. James the 20th day of April, 1703, in the second year of our reign. Countersigned, Nottingham. [C.O. 153, 8. pp. 158–162.]
April 20.
St. James's.
594. Similar letter, mutatis mutandis, from H.M. to the Governor of Barbados: The rent allowed by the Assembly not to exceed 300l. sterl. per annum. "And whereas the salary of 1,200l. sterl. assigned out of the duty of 4½ p.c. for the Governor in Chief may not be sufficient for his support, we have been graciously pleased to give direction that 800l. sterl. per annum be further added out of the said Duty to your present salary and to the salary of the Governor of that our Island for the time being, which by such addition will amount to 2,000l. sterl. per annum and be a competent maintenance for our Governor in Chief." etc., as above. [C.O. 29, 8. pp. 297–300.]
April 20.595. Similar letter, mutatis mutandis, to the Lt.-Governor of the Bermuda Islands: After provision for Governor's House Rent as in preceding, continues, "And whereas the salary of our Lieutenant-Governor of those Islands amounting to 400l. sterl. per annum may not be sufficient for his support, we have been graciously pleased to give direction that 100l. sterl. per annum more be added out of our Exchequer to your present salary and to the salary of the Lieut. Governor of our Islands for the time being." [C.O. 38, 5. pp. 365–367.]
April 20.596. Similar Letter, mutatis mutandis, to the Governor of Virginia. First and last paragraphs only. [C.O. 5, 1360. pp. 365, 366.]
April 20.597. Draught of a letter from the Queen to the Governor and Council of the Massachusetts Bay. Whereas several inconveniences have arisen to our Government in the Plantations by gifts, presents and temporary salaries, made or assigned to our Governours by the General Assemblyes, in order to the preventing whereof it is necessary that constant and fixt salaries be appointed and settled for the support of the respective Governours of our said Plantations; and whereas the General Assembly of our Province of the Massachusets Bay have hitherto declined to settle such salaries as are necessary for the support of that Government; our will and pleasure is that at the first meeting of the said Assembly after your receipt hereof, you doe acquaint them that (in regard to the great priviledges our loving subjects of that our Province doe enjoy) we do expect that they forth with settle a constant and fixt allowance upon the Governour suitable to the character and dignity of that Government, together with a fitting provision for the Lieutenant Governour or Commander in Cheif for the time being, and that the same be done without limitation of time. And you are farther to signify to them, that if they neglect this opportunity of complying with our just expectations, we shall be obliged to have recourse to such remedies as may be proper and effectual in order to a due provision herein. And upon the settlement of such salaries as aforesaid for the support of you our Governour, and of the Governour and Lieutenant Governour for the time being, we are hereby pleased to direct that neither you our Governour nor any Governour, Lieutenant Governour, Commander in Cheif or President of the Councill of our said Province for the time being, do give your or their consent to the passing of any Law or Act for any gift or present to be made to you or them by the Assembly, and that neither you nor they do receive any gift or present from the Assembly or others on any account or in any manner whatsoever upon pain of our highest displeasure, and of being recalled from that our Government. And we do further direct and require that this declaration of our royal will and pleasure be communicated to the Assembly at their first meeting after your receipt hereof and entered in the Registers of our Councill and Assembly, that all persons whom it may concern may govern themselves accordingly. Given at our Court of St. James the 20th day of Aprill, 1703. In the second year of our reign. [C.O. 5, 910. pp. 467–469.]
April 20.
St. James's.
598. H.M. the Queen to the Lt.-Gov. and Council of Jamaica. Trusty and welbeloved, we greet you well. Whereas several inconveniences have arisen to our Government in the Plantations by gifts and presents made to our Governours by the General Assemblies, We have thought fit hereby to signify our express will and pleasure that neither you our present Lieutenant-Governor nor any Governour, Lieutenant-Governor, Commander in Cheif or President of the Councill of our Island of Jamaica for the time being doe give your or their consent to the passing any Law or Act for any gift or present to be made to you, or them by the Assembly, And that neither you nor they do receive any gift or present from the Assembly or others, on any account or in any manner whatsoever, upon pain of our highest displeasure, and of being recalled from that our Government. And whereas the salary of 2,000l. p. annum currant money of that Island assigned for the Governour in Cheif, out of our Revenue arising there may not be sufficient for his support, we are hereby graciously pleased to direct that 500l. p. annum of like currant money be added out of our said Revenue to the present salary of our Governour in Cheif of that our Island for the time being, one moyety whereof (upon the death or absence of our Governour in Cheif) is to accrue to you our Lt.-Governour and the LieutenantGovernour for the time being. And whereas by this increase of salary out of our Revenue arising in that Island, the General Assembly will have an opportunity, and be in a condition of applying those large sums which they have frequently given in presents, to the Governours and Lieutenant-Governours by temporary levyes, toward such other publick uses as may be most necessary for the defence and safety of our said Island, We do not doubt but that in consideration of our care in exempting our good subjects from this customary burthen of presents, the said Assembly may be the more easily induced to contribute in more ample and effectual manner to their own safety and preservation. And we do further direct and require that this declaration of our royal will and pleasure be communicated to the Assembly at their first meeting after your receipt hereof, and entred in the Register of our Councill's Assembly, that all persons whom it may concern may govern themselves accordingly. Given at our Court at St. James the 20th day of Aprill, 1703, in the second year of our reign. Signed, Nottingham. By her Majtle. command. [C.O. 138, 10. pp. 434–436.]
April 20.599. Similar letter, mutatis mutandis, to the Governor and Council of Maryland. Variations; Except only, whereas there is no House appointed or set apart by us for our said Governour, and the Assembly of our said Province having upon the arrival of Col. Blakiston, our late Governor there, past an Act for raising a further revenue of 3d. per hhd. as an additional allowance to him for his better maintenance during his government over and above his ordinary allowance out of the duty 2s. per hhd. upon tobacco exported, we are pleased to permit the Assembly to repass the like Act for your better maintenance, as also to assigne you a House, or rent for the same, provided the said Act be past and House or Rent assigned to you for an unlimited time or during your continuance in that Government. [C.O. 5, 726. pp. 256, 257.]
April 20.600. Similar Letter, mutatis mutandis, to the Governor and Council of New York. 600l. sterl. to be added out of H.M. Revenue to the 600l. salary already allowed. [C.O. 5, 1119. pp. 468–470.]
April 20.601. The Queen to the Governor and Council of New Hampshire. Whereas several inconveniences have arisen to our Government in the Plantations, by gifts, presents and temporary salaries made or assigned to our Governours by the General Assemblies, in order to the preventing whereof, it is necessary that constant and fixt salaries be appointed and settled for the support of the respective Governours of our said Plantations, and whereas there has been hitherto no provision made for the support of our Governour and Lieut.-Governour of our Province of New Hampshire, we doe hereby signify to you our royal will and pleasure, that at the first meeting of the Assembly after the receipt hereof, you doe acquaint them with our expectation, that in regard of our receiving of our good subjects of that Province under our immediate protection and government, they doe forthwith settle a constant and fixt allowance on you our Governour and our Governour and Lieut.Governour of our said Province for the time being; and that the same be done without limitation of time. And upon the settlement of such constant and fixt allowance for the support of you our Governour and of the Governour and Lieut.-Governour for the time being, we are hereby pleased to direct, that neither you our Governour nor any Governour, Lieut.-Governour, Commander in Cheif, or President of the Councill of our said Province for the time being, doe give your or their consent in the passing any Law or Act for any gift or present to be made to you or them by the Assembly, and that neither you nor they do receive any gift or present from the Assembly or others, on any account or in any manner whatsoever, upon pain of our highest displeasure, and of being recalled from that our Government. And we doe direct and declare that this declaration of our royal will and pleasure be communicated to the Assembly at their first meeting after your receipt hereof; and entred in the Registers of our Councill and Assembly, that all persons whom it may concern may govern themselves accordingly. Given at our Court of St. James, the 20th day of Aprill, 1703, in the second year of our reign. By H.M. command. [C.O. 5, 910. pp. 470–472.]
April 20.602. Similar letter, mutatis mutandis, to the Governor and Council of New Jersey. [C.O. 5, 994.A. pp. 130, 131.]
[April 20.]603. Petition of Samuel Allen to the Council of Trade and Plantations. Prays for the removal of William Partridge, upon grounds given previously, and that John Usher or another be appointed Lieut.-Governor of New Hampshire in his room. Signed, Saml. Allen. Endorsed, Recd. Read April 20, 1703. 1 p. [C.O. 5, 863. No. 22; and 5, 911. pp. 1–3.]