|
May 1.
St. James's. |
647. Order of Queen in Council. Upon reading this day at
the Board a report from the Board of Ordnance with an estimate
of stores proposed to be sent to New Yorke, and notice being
thereupon taken of the great sums that have been lately expended
for stores of war to be sent to the Plantations, Ordered that the
said report and estimate be sent to the Rt. Hon. the Earl of
Nottingham, H.M. Principal Secretary of State, to be layd before
H.M. at a fitting opportunity to consider of the proper method
of defraying the great charge of the said stores of war and of
stores of war to be sent as occasion shall require to other H.M.
Plantations in America. Signed, John Povey. Endorsed, Recd.
2nd, Read July 6, 1703. 1 p. Enclosed, |
|
647. i. Report and Estimate of the Board of Ordnance, referred
to in preceding. See April 27. 3 pp. [C.O. 5, 1084.
Nos. 17, 17.i.; and (without enclosure) 5, 1048. No. 55;
and 5, 1119. p. 488.] |
May 1.
St. James's. |
648. Order of Queen in Council. Upon reading this day at
the Board a memorial from H.R.H. the Lord High Admiral,
April 30, relating to the sending a fourth-rate ship this year
for H.M. service to the Provinces of the Massachusetts Bay and
New Hampshire to be added to a fifth-rate ship now attending
H.M. service in those parts, Ordered that H.R.H. give all necessary
directions for the sending of a fourth-rate ship against the next
spring to New England accordingly. Signed, John Povey.
Endorsed, Recd. Read May 11, 1703. ¾ p. [C.O. 5, 863. No. 27;
and 5, 911. pp. 40, 41.] |
May 1.
St. James's. |
649. Order of Queen in Council. Referring enclosed petition
to the Council of Trade and Plantations for their report. In the
meantime the Commission to Mr. Usher to be L.G. of New
Hampshire not to pass. Signed, John Povey. Endorsed, Recd.
Read May 1, 1703. 1 p. Enclosed, |
|
649. i. Major Wm. Vaughan to the Queen in Council. Samuel
Allen claims all or the greatest part of the land in New
Hampshire by a title derived from one John Mason,
and has commenced several suits against petitioner
and other inhabitants to recover their estates, which
their ancestors have possessed for above 60 years. He
claims as wast ground great quantities of land which
have always been enjoyed by the inhabitants as common
to their tenements. The suits commenced by Mr. Allen
have been managed by John Usher, who after the death
of Mr. Allen will in right of his wife be intituled to part
of his estate. Mr. Usher by his mismanagement when
he was L.G., and by several misdemeanours committed
by him (which petitioner is ready to lay before your
Majesty) forced several of the principal inhabitants to
leave the Province, and thereby, and by the prosecution
of the suits beforementioned, hath extreamly disgusted
all the inhabitants of that Province, and rendred
himself very unacceptable to them. Petitioner prays
H.M. to stop the patent constituting Mr. Usher L.G.
of New Hampshire till petitioner be heard by his Counsel
before H.M. Copy. 1¾ pp. [C.O. 5, 863. 26, 26.i.;
and 5, 911. pp. 26–30.] |
May 1.
St. James's. |
650. Order of Queen in Council. Upon Representation of
April 29, ordering the Council of Trade and Plantations to prepare
the draught of a letter from H.M. to Governor Bennet to discharge
Mr. Larkin and permit him to repair where H.M. service may
require his presence, and such other directions as are proposed
in the said Representation, and to present the same for H.M.
approbation at this Board. H.R.H. to be desired to give the
necessary directions for a speedy and certaine conveyance of the
said letters to be sent from H.M. by an advice-boat in case no
other opportunity do offer of one of H.M. frigats, or some other
speedy conveyance for the same. Signed, John Povey. Endorsed,
Recd. 4th, Read May 11, 1703. 1¼ pp. [C.O. 37, 4. No. 25;
and 38, 5. pp. 379, 380.] |
| May 1. |
651. Minutes of Council in Assembly of Jamaica. A Bill
to continue in force an Act to continue H.M. soldiers in quarters;
and a Bill to confirm an agreement between Olivia Reid, widow,
and Nathaniel Browne and Anna Petronella, his wife, sent up. |
|
Ordered that the Clerk of the Council write to all the Gentlemen
of the Council now absent, except Col. Lowe now gone to the
Bath for his health, that they fail not to be here at Council on
Thursday morning by 9 o'clock. [C.O. 140, 6. p. 463.] |
May 1.
Boston. |
652. Minutes of Council of the Massachusetts Bay. Accompt
of Daniel Peirce for vessels hire and men's wages to transport
provisions from Newbury to Casco Bay in the winter past, for
supply of the trade with the Eastern Indians, amounting to
32l. 18s. 6d. paid. |
|
H.E. communicated to the Council a letter from Major March
at Casco Bay, intimating the discourse he had with some of the
Indians that were abused and plundered by Captain Chadwell
and company about Naskeag, and that they were well satisfied
that H.E. would order restitution to be made them, and to Paul
Munier's wife, and that they did not desire any person should
be put to death for the killing of Munier, but otherwise
punished. |
|
423l. 12s. paid to Major John March, Commander of H.M.
Fort at Casco Bay for himself and company, July 22, 1702–March 22, 1703. |
|
26l. 7s. 6d. paid to Timothy Wadworth, executor of Thomas
Broughton, armourer at Casco Bay. |
|
53l. paid to Timothy Wadsworth, gunsmith, for repairing and
cleansing the public stores of arms May 7, 1702–May 1, 1703. |
|
84l. 13s. 2d. paid to Capt. Southack, H.M.S. Province Gally.
for wages for himself and company Dec. 16, 1702-April 15, 1703. |
|
564l. 5s. 4d. paid to Andrew Belcher for provisions supplied
for H.M. soldiers etc. |
|
7l. 14s. 10d. paid to Penn Townsend, on behalf of himself and
others, for wine etc. expended on the day of H.M. Coronation
and at the arrival of the good news from Vigo. |
|
24l. 1s. paid to Daniel Willard, keeper of H.M. prison in Boston,
for keeping sundry French prisoners of war Nov. 17, 1702–Feb.
22, 1703, and for fireing for them. |
|
10l. paid to Samuel Moody, Minister of York, and 20l. to Joseph
Smith, Chaplain to the Garrison at Brookfield, as voted by the
Assembly May 27, 1702. [C.O. 5,789. pp. 501–503.] |
| May 1. |
653. Journal of the House of Representatives of New York.
Bill for taking off the duties paid on goods carried up Hudson's
River and setling an equivalent for the same, was read the second
time and committed. |
|
Bill to enable Justices of the Peace etc. read a third time and
sent up. [C.O. 5, 1185. p. 42.] |
May 3.
Whitehall. |
654. Journal of Council of Trade and Plantations. Report
of the Ordnance Board read, and a copy taken thereof. |
|
Report of H.R.H. upon Col. Dudley's desire for a frigate, read
and copy taken. |
|
Order of Council, May 1st, read. Ordered that Mr. Vaughan
be directed to lay before the Board in writing what he has to
offer in confirmation of the allegations contained in his petition,
and that he come prepared on Monday next with his Council
learned (if he thinks fit) to make good the same. |
|
Ordered that Mr. Usher have notice of this appointment, that
he may come prepared in the same manner for his defence. |
|
Their Lordships taking into consideration the state of the
coin in the Plantations, in order to represent what may be proper
to be done for the better settling thereof, ordered that a copy of
an Act of the Massachusetts Bay, for ascertaining the value of
coines currant within this Province, past 1697, and confirmed by
the Lords Justices Nov. 24, 1698, be sent to Mr. Attorney General
for his opinion whether H.M. may not by Proclamation alter
the rates specifyed in that Act notwithstanding its having been
so confirmed. |
| May 4. |
Letter from the Secretary to Mr. Attorney to this effect was
approved of and sent. |
|
Their Lordships taking into consideration the six Acts of
Mountserrat, laid before them Jan. 29, the opinion of Mr.
Attorney General upon the first, for quieting men's estates etc.,
was read. Directions given for preparing a Representation upon
the Acts. [C.O. 391, 16. pp. 96–99; and 391, 97. pp. 347–349.] |
| May 3. |
655. Journal of House of Representatives of New York.
Ordered that the Committee on the Hudsons River Bill report
to-morrow. |
| May 4. |
This Bill with amendments was read and agreed to. |
|
Bill for regulating highways etc. was read with amendments
and agreed to. |
| May 5. |
Bill for quieting the inhabitants in possession of their estates
was read the second time and committed. |
|
Commissioners of Public Accounts reported their progress in
that matter. Their report was considered. [C.O. 5, 1185.
pp. 42–44.] |
May 4.
Whitehall. |
656. William Popple to Sir Edward Northey. The Council
of Trade and Plantations having under consideration the state
of coin in H.M. Plantations, and how the current rate thereof
may best be settled and reduced in all parts to a fitting equality,
they have ordered me to send you the inclosed copy of an Act
of the General Assembly of the Massachusetts Bay (which has
been confirmed there) entituled An Act for ascertaining the value
of coins currant within this Province, whereby it now appears that
they have made the foreign species of coins currant at higher
rates than in other Colonies, and thereupon do desire your opinion
whether H.M. by her royal prerogative may alter by proclamation
the rates of foreign coin in that Province (as well as in others)
notwithstanding the said Act. Signed, Wm. Popple. 1 p.
[C.O. 323, 5. No. 13; and 324, 8. pp. 247, 248.] |
| May 4. |
657. Minutes of Council in Assembly of Jamaica. Bill for
continuing the quartering of the soldiers was read and rejected.
The Governor acquainted the Board that on the last day, when
the Act for quartering the soldiers expired, there came the said
bill from the House to continue the same for a month longer
without any regard to the officers at all, which he looked upon
to be triffling and unnecessary delayes, and positively contrary
to the vote of their House of April 21, and impracticable to lay
such a weight upon the Revenue as the maintenance of those
in garrison and out of quarters. There being noe money, the
Board unanimously advised his Honour to send for the House
and to tell them that the Council unanimously rejects the present
Bill for continuing the quartering of the soldiers, for it does not
ease the country of their present burthen, nor take any care to
reimburse the Treasury what it is out, which is so far exhosted
that there is noe money left to subsist those in garrison and the
sixteen out of quarters in town for one day, much less for a month.
In which opinion the Governor concurred with the Council and
therefore it was concluded to send for the Speaker and the whole
House, and to command them to return to their House and desire
them forthwith to goe upon a Bill for the effectual quartering
and providing for H.M. officers and soldiers without permitting
any other business to intervene. |
| May 5. |
The House was summoned and attending, the Governor
instructed them as above. The House desired a free conference
upon the Governor's Speech, which the Council refused as
impracticable, but the Clerk of the Council had leave to tell the
House that if they had any subject matter they desired the
conference upon and would particularly name it, the Council
was ready to meet them. [C.O. 140, 6. pp. 463–465.] |
| May 4. |
658. Minutes of Council of Maryland. The whole proceedings of the President and Council in relation to H.M.
Advice-boat Eagle and Capt. Bostock were read and well approved
of, and he being sailed with the vessel out of this Province without
any orders from the Government, ordered that the whole
proceedings be laid before the Council of Trade and Plantations,
the Secretary of State and the Commissioners of the Admiralty,
and that Major William Dent, Attorney General, prepare a letter
for this Board to sign. |
|
The Governor of Virginia being now here in town, resolved,
that he be made acquainted with the proceedings of Capt. Bostock
and advised with thereupon. |
|
H.M. Order by the Lord Nottingham to assist the Agents of
the Commissioners of the Victualling and the Captains of men of
war, Oct. 20, 1702, now come to hand, was read. |
|
At the request of the Governor of Virginia, ordered that the
several Collectors do make up their accounts and swear to the
same before the President. |
|
Petition of Edward Pollard of Talbot County praying for
H.M. pardon, he having been found guilty of manslaughter for
unfortunately killing and shooting a man when really intended
to shoot at a wood turkey, the said Pollard being a very poor
man and not of the value of 10l., ordered that a pardon be
prepared accordingly. |
|
Upon the petition of Richard Bennett praying the assignment
of the bond of Thomas Staly, late High Sherrif of Baltemore
County, from which he has a public claim, the bond was ordered
to be assigned accordingly. |
|
The Assembly was prorogued to June 5th. |
|
Sherrifs Commissions renewed. Mr. Aquilapaca appointed
Sheriff of Baltimore County and Roger Woolford, Sheriff of
Dorchester County. |
|
Came Pannquass, an Eastern Shore Indian at Nanticoke,
and Commander there, and complained that his cabin had been
broken open by a negro belonging either to Major Thomas Taylor
of Dorchester County or Mr. Peter Taylor his son, from whence
he had stole divers goods, which Panquass mentioned, part
whereof were found upon him and were restored, the other having
been made away with by the negro, for which he demanded
69 good drest deer-skins. But his complaint being considered,
and he being offered 60 doe skins, says if they be good ones, he
will be satisfied. Ordered that Peter Taylor or Thomas Taylor
pay the 60 drest doe skins to Panquass before Col. Thomas Ennals,
who is to be judge of their worth, and is hereby ordered to punish
the negro by whipping, otherwise in case of refusal, he is to commit
the negro to gaol to be prosecuted in the Provincial Court for
that offence. [C.O. 5, 745. pp. 27–29.] |
May 5.
Whitehall. |
659. William Popple to Josiah Burchet. The Council of
Trade and Plantations desire you to acquaint them with the
name of the Commodore intended this summer for Newfoundland,
and about what time he will be ready to sail, that they may prepare such Instructions as may be necessary. [C.O. 195, 3. p. 222.] |
May 5.
Admiralty Office. |
660. Josiah Burchett to William Popple. In reply to
preceding, the ship which next goes to Newfoundland is the
Centurion, commanded by Capt. Herne, which will sayle the
latter end of this, or the beginning of the next month; and as
for such Instructions as their Lordships shall think convenient
to send thither, it is necessary that they bee directed to the
Commander in Chief of H.M. ships, and they may be left at or
delivered to him by the Capt. of the Centurion upon her arrivall
there. Signed, J. Burchett. Endorsed, Recd. Read, May 6, 1703.
1 p. [C.O. 194, 2. No. 118; and 195, 3. pp. 222, 223.] |
| May 5. |
661. Minutes of Council of Barbados. The President read
two letters received from the Earl of Nottingham, dated Feb. 25
and March 20, two from the Council of Trade and Plantations,
Jan. 26 and Feb. 23, together with a letter from Mr. Popple,
March 23. |
|
Ordered that a packet directed to the Governor of Bermuda
be forwarded by a vessel now preparing to go thither. |
|
The Hon. Charles Buckworth attended with several depositions
he had taken relating to the complaint of Capt. William Pead,
which were read and ordered to lie upon the table. |
|
Petition of Capt. John Grezielleur read, setting forth that he
arrived here about eight months since in his ship from Guinea;
that soon after his arrival there was an information made against
them that his ship was not manned with three fourths Englishmen
according to the Acts of Trade and Navigation. Referred to
Charles Buckworth to enquire into. |
|
Edward Chilton, Attorney General, moved that noe privateers
be admitted to goe out of this Island until they have given security
to pay the Lord High Admiral's tenths of every prize they shall
take, which was granted. Then he presented a Commission from
England impowering Charles Thomas to receive the Lord High
Admiral's tenths, and also a Commission from the Lord High
Admiral appointing Capt. Charles Thomas, James Aynsworth
and Thomas Stewart to be Commissioners to examine witnesses
of all prizes brought in here by letters of marque; which the
Board allowed. |
|
Deposition of Manuel Manasses Gilligan read, setting forth that
Charles Buckworth this day finisht certain depositions taken
against him by order of this Board, which he had been denied
all liberty of seeing, and praying liberty to cross-examine the
witnesses and examine other witnesses on his behalf. |
|
Petition of Capt. John Halsy and Capt. Wm. Pead read, praying
that Gilligan may not be allowed to go off the Island, more
especially since they have been informed by Governor Codrington
that he is a very bitter enemy to the English, and so deemed
(through all the West Indies) and further that 'twould be of
great service to confine him during the time of warr. The matter
was referred till next Tuesday. [C.O. 31, 8. pp. 21–25.] |
May 6.
Whitehall. |
662. Journal of Council of Trade and Plantations. Order of
Council, April 3, read. |
|
Letter from Mr. Burchet, May 5, read. |
|
Draught of a Representation upon the Mountserrat Acts agreed
upon. |
|
Mr. Wharton and Mr. Bridger, in behalf of the undertakers
for importing naval stores from New England, declared that
unless their Lordships would depart from that clause in the
draught of a Charter whereby they are restrained from alienating
shares of their stock in five years, they should not be able to find
subscribers, and therefore could not proceed in that undertaking.
Whereupon they were directed to lay before the Board their
reasons against the said clause in writing, and further to endeavor
to procure a report from H.R.H. upon the Representation of
March 4, that their Lordships may consider of a further
Representation upon the whole matter. |
| May 7. |
Representation upon six Acts of Mountserrat signed. |
|
Representation upon six Acts of Antego signed. [C.O. 391, 16.
pp. 99–101; and 391, 97. pp. 353–355.] |
May 6.
Annapolis. |
663. Minutes of Council of Maryland. The Rev. Mr. Nobbs
offering to the Board that Henry Groves under sentence of
condemnation for felony, who had formerly had the favour of a
reprieve from Governor Blakiston, had now remained with him
near four years with a very good behaviour, Ordered that he be
pardoned. |
|
Upon his petition, a recognizance not properly entered into
by John Kimball of Baltemore County was estreated and
remitted. |
|
Petition of Thomas Collier, late riding Surveyor appointed by
late Governor Nicholson, who had ordered George Plater, ReceiverGeneral of Puttuxent District, to pay him 30l. for his salary,
read. Mr. Plater said that he has not had of H.M. in his hands
to satisfy his own salary, for which the Revenue is in arrears.
[C.O. 5, 745. pp. 29, 30.] |
| May 6. |
664. Journal of House of Representatives of New York.
Report of the Commissioners of Public Accounts further
considered. Ordered that it lie upon the table. |
|
Bill for the better establishment of the maintenance for the
Minister of New York, read the first time. |
|
Hudsons River Bill read the third time and sent up. |
| May 7. |
Committee appointed to consider the regulation of the assize
of casks and weights and measures made their report. Several
resolutions passed thereon, amongst others, that all weights and
measures used in this Colony be according to the standard of the
Kingdom of England, and that a person be appointed in every
county to seal weights and measures according to the said
standard. No other casks, weights and measures to be used
after Aug. 1st. Bill ordered to be prepared accordingly. |
|
Bill for vesting and setling the estate late of Daniel Briggs late
of Southton in the County of Suffolk read the third [? first] time. |
|
Bill for better explaining the Act for the public charge read the
second time and committed. |
|
Bill for establishing the maintenance for the minister of New
York read a second time and committed. |
|
Major Whitehead was granted leave to go home, being
indisposed. [C.O. 5, 1185. pp. 44–47.] |
May 7.
Whitehall. |
665. Council of Trade and Plantations to the Queen. We
have considered the Acts passed at an Assembly of Antego,
June 28, and humbly offer them to your Majesty as fit for your
Royal approbation. (1) An Act for regulating the Militia.
(2) An Act declaring the several Articles Martial Law shall consist
of. (3) An Act for raising a tax of 9,500l. for paying publick
debts and charges. (4) An Act for ascertaining what the executors
or administrators shall have and enjoy of the crops growing on
the ground of those that are tenants for life, tenants in dower,
or tenants at will. (5) An Act for making, cleaning and repairing
common ponds, and making and mending bridges on the high
roads. (6) An Act for regulating the towns and harbours, settling
of markets, and encouraging wharfs, and to prevent abuses in the
fishery. (7) An Act for the further encouraging the settlement
of this Island. (8) An Act for the better government of slaves
and free negroes. Signed, Robt. Cecil, Ph. Meadows, Wm.
Blathwayt, John Pollexfen. [C.O. 153, 8. pp. 176–178.] |
May 7.
Whitehall. |
666. Council of Trade and Plantations to the Queen. We
herewith humbly lay before your Majesty the Acts past at an
Assembly of yr. Majesty's Island of Mountserrat, June 1702,
and thereupon humbly offer, that yr. Majesty be pleased to
confirm the following Acts, vizt. (1) An Act for repairing and
amending the high ways, and for the preventing the cutting
down or clearing the standing woods, underwoods, copps or
bushes which grow by the sides of rivers and brooks in this Island.
(2) An Act impowering Justices of the Peace to decide differences
not exceeding six pounds. (3) An Act to prevent hazards and
inconveniences that may happen by thatched houses in the town
of Plymouth, and clandestine dealings with negroes. (4) An
Act to prevent burning or breaking of canes. And having considered (6) an Act entituled An Act for quieting men's estates and
for avoiding litigious law suits for Lands and Plantations in this
H.M. Island, and had the opinion of yr. Majesty's Attorney
General thereupon in point of Law, we find that the said Act
allows 3 years only to make claims, which is so short a time that
persons living out of the said Island may be excluded from their
just demands without being heard, and the Act so ill penned that
it cannot be understood in what time claims shall be prosecuted
hereafter, wherefore we are humbly of opinion it be repealed.
And whereas an (7) Act entituled An Act determining the setting
of Assemblies and regulating the Elections of the same does exempt
the inhabitants of one part of the Island from the obligation of
taking the Oaths of Allegiance and Supremacy in order to their
being capacitated to have votes in the election of Assembly
Men, for which exemption there is no sufficient reason assigned;
and in the conditions required to be observed by members chosen
for the Assembly, the said Act does not pursue the directions
given by yr. Majesty's Commission of the Governour in Chief
in that behalf, but sets aside the qualifications directed by yr.
Majesty's said Commission by prescribing a new oath, we are
humbly of opinion that the said Act be also repealed, and the
Governour required to form such another Act as may be fitt to
be proposed to the Assembly. Signed, Rob. Cecill, Ph. Meadows,
Wm. Blathwayt, John Pollexfen, Matt. Prior. [C.O. 153, 8.
pp. 173–176.] |
| May 7. |
667. Minutes of Council in Assembly of Jamaica. Message
from the House sent up, that the House having, April 24,
determined to make convenient provision for H.M. officers and
soldiers, have taken the readiest measure for effecting the same,
by appointing committees to inspect the several Commissioners
and Receiver General's accounts, and have passed an Act for the
calling to account the Justices, Churchwardens, Vestry and
Constables and others late of Port Royal, which will be absolutely
necessary to have done before the House can proceed to a final
conclusion in that affaire, it being the foundation whereon they
can best proceed for the honour of H.M. and welfare of the Island,
which is so much their duty: that they unwillingly omit any
opportunity that may prefer the same, and therefore did desire a
free Conference with a Committee of the Council on the subject
matter of your Honour's Speech the first inst., which was denyed
us contrary to former presidents, and to that good understanding
that ought to be between the Council and Assembly, which we
can't but take notice of and assert our rights, before we raise money.
But well knowing the necessity the Island lies under at this time,
wee shall readily pass it by when wee are allowed our reasonable
request. Consideration of above referred to a Committee. |
| May 8. |
The Council submitted their reply to H.E.:—We are joyful
to hear of such a vote passing the House for the quartering the
officers and soldiers, and hope it will be expediated, which wee
conceive cannot be unless the first Bill proceeded on be to that
intent. The Bill sent up to the Council appointing Commissioners
to enquire into the execution of several Acts etc. will prove too
great a delay; putting persons under so many and grevious
penalties as appears to be in that Bill, forcing persons to be
Commissioners without (nay contrary) to their consents, without
any allowance for their paines and travail therein, we conceive
ought not to be done. And if the said Bill was past into an Act,
the design and intent thereof cannot be fully known in some
months, several persons concerned who were personally on Port
Royal, and made several payments being now absent, and may
not arrive in several months, which with several other reasons
make it appear that the said Bill is in noe wise necessary for the
expediteing a Law for the quartering the officers and soldiers,
especially when a clause may be made in any Law appropriating
the remaines of any sums already raised to such uses. We cannot
conceive that any cause hath been offered by the Council that
a message should be sent intimating an occasion given to the
Gentlemen of the Assembly to assert their rights. Their message
by Capt. Nedham, who delivered it by word of mouth in Council,
with our answer being both sent them by the Clerk of the
Council in writing. By which it plainly appears as thereby it
might fully have understood him to have been mistaken in the
delivery. And therefore we conceive the House should not have
offered to have asserted, they were denied a free conference on
the subject matter of your Honour's Speech, or that wee received
any message from them of such a desire, and more especially when
the Clerk of the Council had leave to acquaint Mr. Speaker at
the same time of delivering the said message and answer, that
if the House had any subject matter they desired the Conference
upon and would particularly name it, the Council was ready to
meet them, which he is ready to depose he delivered by word of
mouth, and mentioned that it was with leave of the Council. |
|
Upon the whole matter we must appeal to your Honour, who
can best justify the sincerity of our action in performance of our
duty for H.M. service and the good of the country in the affair
now before us, when you are pleased to take notice of and
remember the House's Resolution of April 24, the Speaker
acquainting your Honour that the House would quarter the
officers and soldiers by a short bill for a month, and that
notwithstanding on May 1st they sent up a bill for quartering
the private soldiers only without any regard to the officers,
which was rejected by the Board by reason the said resolution
was not communicated either by delivering the minutes to your
Honour, nor any other way made known to us. But wherein
this Board have acted contrary to former president so as to deserve
such a reflection they doe not know, but submit the whole to your
Honour, and desire that you will be pleased to take notice of it
to the House for our justification, and that for that purpose it
may be entred in the Council Book. |
|
Upon consideration whereof the Governor sent a message to
the House, that the Council had very honourably and to his
satisfaction justified themselves in all their proceedings and
that "all this mistake and misapprehension has been principally
occasioned by your members' omission of two or three words
in the delivery of the former message. They have great satisfaction in the resolution of the House of April 24, and both he
and they hope that matter will be expediated in the first place.
As to the Bill for appointing Commissioners etc., he concurred
with them that the obliging persons against their wills to be
Commissioners under such exorbitant penalties without any
allowance for their pains is unreasonable. And that it will be a
great delay to the effecting the said resolution of the House,
for that if the Bill was past into an Act, the designe and intent
thereof cannot be obtained in some months etc. as above. The
Governor therefore once more recommends to you the expedeiting
a Bill for quartering the officers and soldiers, several of them
being under great necessity att this present, without any
intervention of other business, being that is the most necessary
thing can be done at this juncture for the good of the Island,
that so you may proceed to other business." [C.O. 140, 6.
pp. 465–469.] |
May 8.
St. James's. |
668. Order of Queen in Council. Confirming Acts of
Mountserrat as recommended in Representation of May 7 supra.
Signed, John Povey. Endorsed, Recd. 1st, Read June 8, 1703.
1 p. [C.O. 152, 5. No. 25; and 153, 8. pp. 190–192.] |
May 8.
St. James's. |
669. Order of Queen in Council. Declaring H.M. disallowance
and disapprobation of the Acts of Mountserrat for quieting men's
estates and regulating Assemblies, as recommended in Representation
of May 7 supra; H.M. is further pleased to order that Col.
Codrington be acquainted with the reasons for disallowing the
said Acts, and that he be directed to form such other Act in lieu
of the Act determining the sitting of Assemblies as may be proper
to be proposed to the Assembly of that Island, and the Council
of Trade and Plantations are to write to him accordingly. Signed,
John Povey. Endorsed, Recd. Read May 25, 1703. 1 p. [C.O.
152, 5. No. 26; and 153, 8. pp. 181, 182.] |
May 8.
Gravesend. |
670. Deposition of Richard Martin. I was some years ago
with Mr. Mason before the Councill, where I did affirm that
Governour Usher his ill government was not all pleasing to the
people, especially the chiefest of them, it being very prejudicial
to the inhabitants. After I had the King's letters aboard, and
had given a receipt for them and was dispatched out of the
Custome-house and cleared at the Fort, I came to saile, and
before I could pass the Fort he fired five great shot at me, of
which some went very near our ship that made our men afraid,
so I bid them goe down the hatchway between the cables, and
I went aft and took the helm myself to steer her out, and when
we came abrest of the Fort, he bid me come to an Anchor. I
answered him that I was cleared at the Custom-House and Fort
and had the King's letters aboard, and I had noe need of coming
to an anchor, and withall desired him not to sink the ship with
his shot, shee being of a considerable value, and belonged to
honest men, and if I had given him any offence, it was pitty the
ship should suffer, but the wind proving calm and soon came
about easterly, soe I was forced to anchor, soe he forthwith sent
the Captain of the Fort aboard to command me ashoar, and
when he brought me before Mr. Usher, I desired he would please
to take care of the ship, there being but one seaman and all the
rest landmen. Soe he confined me to be kept close prisoner in
the Fort, without taking any care for soe much as bread or water,
where after I had been 48 hours, my hunger forced me to petition
him, which after two or three petitions was granted me. Now
the reason of my being unwilling to anchor was this, before Mr.
Usher came from Boston, he sent an order to his Deputy, Mr.
Fryer, that he should take two of my men out of the ship, but
Mr. Fryer being my friend and an honest man, considered my
condition and pitied it, soe I took care to prevent it, or else my
voyage must have been ruined. Soe when I saw Governor Usher
come to town and lighted off his horse, I thought it time for
me to saile, for if he gave order to his Deputy to take away two
of my men, I could not expect less from him when he was come
himself, and then my voyage must be absolutely destroyed, and
if I could appear myself I doubt not but that I could satisfy any
man that his ill government was the reason why the burning of
our ship was not prevented. For Mr. Eastwick demanded of
me I have forgot how much money to clear our ship, which being
in my wrong I was not willing to pay, soe Capt. Bant and Capt.
Eldrid being cleared out of the same Custome House at Boston
as I was, they both being New England men were not stopped
at all, but I, being an old England man, was marked out for
their fury. Soe Capt. Wagar who then commanded our convoy,
advised me to go ashoar to the Governor to see what he would
do with me, and in case he offered to stop me, that then I should
hale our ship aboard the convoy along her side, and so sail out
of the Port until past the Fort. Accordingly I went, and was
told the Governor was busy in the sealing up his letters, but if
I spent an hour's time he would be at leisure. Soe I went to
Betty West's and called for some wine, took out my box and was
filling a pipe of tobacco, when a man came into the room I was
in, and told me our ship was afair, soe I immediatly went on
board, where I found much help, yet the fire conquering, I was
forced to cut away all our masts and also all our cables and run
the ship ashoar. In all probability this fire had been put out,
if I had been aboard, which I had certainly been, if I had not met
with much and unreasonable trouble by the Government. Signed,
Richard Martyn. P.S.—He made pay 6s. 8d. for each shot.
Endorsed, Recd. Read May 19, 1703. 4½ pp. [C.O. 5, 863.
No. 28.] |
May 8.
St. James's. |
671. Order of Queen in Council. Confirming Acts of Antegoa
as recommended in Representation of May 7, supra. Signed,
John Povey. Endorsed, Recd. 1st, Read June 8, 1703. 1 p.
[C.O. 152, 5. No. 24; and 153, 8. pp. 192, 193.] |
| May 10. |
672. William Vaughan to the Council of Trade and
Plantations. (1) Mr. Usher hath got himself universally hated
in the Province, by manageing a suite against the interest of all
the people of the whole Province, by endeavouring to diseise
them of their antient possessions; by his continuing Governour
of the Provincé will in all probability turn out and put in such
persons and no other but such as will serve for the carrying on
the work he has begun, and thereby out them of their just and
antient rights and so become entituled to the Province or great
part in right of his wife or otherwise, being so nearly related
as son-in-law to Mr. Allen he will use his interest to promote this
cause, with all the industry imaginable, and it's well known what
a Lieutenant-Governour can do if he exert his power, and since
his having a probability of going Lieutenant-Governour has
given out speeches that this cause he doubts not off, for that's
in his power to put in Judges and Sherriffs. (2) Mr. Usher during
the exercise of his government, manag'd the affairs with so uneven
a temper and so much rashness, that it tended much to the disquiet of the subjects, by reason whereof many of them left the
Province, and in an Assembly when they have differed from
him in opinion dissolved them, and warrants have issued out
to press some of them, and some or most of them were pressed
and sent to remote parts of the country to keep garrison in person,
and were not suffered a servant as was and is usual, although
at that time there was no manner of occasion for so doing (the
garrisons being then otherwise supplyed) only to shew his dislike
of their not complying and disagreeing with him. And one of
them in particular was sent to prison; and at Welshman's Cove
in the township of Dover there being no provision for the garrison
there the Lieutenant returned the people back, whereon Mr. Usher
caused the Lieutenant to be fined 50l. and to ly in prison till
paid. (3) Mr. Usher's mismanagement of the stores was very
great, and particularly of 100 barrells of powder given by the
late Queen Mary, and the powder that was received for the duty
of shipping, which in all was very considerable; Mr. Usher living
out of the Province coming very often, caused at his coming
in and going out the guns to be so constantly fired that there
was but about 30 barrells left behind, besides all which there
was 80l. in moneys remaining in the Collector's hands, for the
provision of powder, and all spent without that due care which
ought to be taken in preservation of the country, and in all
probability we had been in the condition we were at the coming
in of the late King, when there were scarce four barrells of powder
in the whole Province, so that severall people were in disburse
great summes for powder and preservation of the sick and wounded
soldiers, and all disbursements to keep garrisons and send out
soldiers, and after applyed to Mr. Usher to have repayment,
he answered he must look forwards and not backwards. (4) In
the time of Mr. Usher's Government, one Capt. George Long,
Commander of the Fawkland, being in the river of Piscataqua
in order to load with masts etc. for the Royal Navy of England,
hoisted the King's Jack (as is usual in such cases) on board his said
ship, Mr. Usher being offended thereat, caused severall Train-bands
to be drawn together, in order to seize the said Captain, and
finding he could not oblige the Captain to comply with him, he
sent for more Train-bands and after that for more from about
Oyster River, altho he knew at that time there was warr with
the Indians, and that place much exposed, and that night the
Indians took advantage, fell upon the inhabitants and destroyed
and carryed away ninety or a hundred souls, and plundered and
burnt their houses. (5) Mr. Usher turned out severall Gentlemen
of the Councill fitly quallifyed for places of trust in that
Government as will appear by the address presented to the Earle
of Bellomont, and in their stead putt in mean persons vizt. som
that keep publick houses of entertainment and another that could
scarce be allowed a vote for an Assembly-man (which were men
only fit to serve a turn) and created a Lieutenant-Collonel of the
Province, of mean fortune, such as abused the people in
drunkeness by allarming them in the night, and if they did not
attend fined them, and obliged the people to pay such fynes as
they imposed or take their goods for it. (6) Mr. Usher's ambition
was so great that he usually obliged part of the Militia to attend
him and likewise the Train-bands, and particularly came on
Saturday night to a place of entertainment, at the out part of
the town of Hampton, sent for a guard of horses, part of the
Militia, and not thinking this sufficient, ordered the next morning
all the Train-bands to receive him in their Arms in the town in a
lane for him to pass through and so attend him to the meeting
house with Colours flying, drums beating etc. And so did attend
him to dinner, and after dinner the Horse to attend him to the
great Island. The Captain murmuring at this unusual method,
Mr. Usher cashired him and put in another, this method obliged
the people to be mightily uneasy, being both troublesome and
inconvenient to poor labouring men. (7) In the Government of
my Lord Bellomont all or the greatest part of the matters aforesaid
was heard before him, and severall matters there proved upon
oath, and after that my Lord Bellomont represented the circumstance of the matters to the Honble. Board as may appear by
the same before your Lordships, and to which Mr. Vaughan
prays your Lordships to have recourse and doubts not thereby
it will appear the disorders that have happened were all owing
directly to Mr. Usher, as may appear by the severall copies of
the Affidavits attested by the Officers in Cheif now ready to be
delivered to your Lordships. (8) As to the wast grounds, if
Mr. Allen be put in the possession of them all, the inhabitants
will loose their commons which they have enjoyed as long as
their other estates. Signed, Wm. Vaughan. Endorsed, Recd.
Read May 10, 1703. 2½ large pp. [C.O. 5, 863. No. 30; and
5, 911. pp. 33–40.] |
May 10.
Boston. |
673. Governor Dudley to [? the Earl of Nottingham]. Captain
Smith, H.M.S. Gospir, is returned (from Jamaica) and fitting to
cruise, having spoiled his main mast in his return, and he having
been long enough here to know the coast, if H.M. shall please to
continue that friggot here, and add one fourth rate for a guard,
these Provinces would be able to send out more privateers to
annoy the enemy upon the Banks of Newfoundland and to attend
the coming of the store-ships for Canada or Port Royal, in both
which places they are distrest for want of supplies, as prisoners
every day inform me, having been used in former wars to live
upon the spoil of our coasters loaden with provisions, which I
have prevented by drawing up all the Western coasters once a
month at New London, and sending a vessel of force to bring them
round Cape Cod, so that we have yet lost nothing to the enemy,
but as we were fortunate last year in the taking of twenty vessels,
bankers and others, I hope we may be as strong and successful
this summer. In which service I am neverthelesse extreamly
hurt by the Government of Rhode Island, who do every day receive
our seamen that fly from us both out of H.M. ships and our
privateers and merchantmen, and can no wise be come at, where
they are debaucht to the last degree. Particularly, two of the
privateers commissioned by myself, Lawrence and Blew, who took
a large Spanish ship upon the coast of Cuba, loaden with wines
etc. valued at about 5,000l., coming in out of the sea from the
southward into the harbour of Road Island, which H.M. has
disposed under the Vice-Admiralty of this place, I immediately
wrote to both the said Captains, directing them to bring their
prize to Boston, their commission port, whence they proceeded,
where the ships under their management belonged, and where
they were indebted for their advance, and where dwell all the
owners and sharers with them, but instead of an answer from
them, Mr. Cranston, the Governor of Road Island, writes to
Mr. Newton, Mr. Atwood's Deputy Judge of the Admiralty,
to come immediately to Road Island, to condemn the prize
otherwise he would do it himself. The merchants, owners, and
suppliers of the privateers then all attended me, and under their
hands prayed I would allow the judgment to proceed, or all would
be immediately embezzled, upon that pretence. I then sent
Mr. Coleman, who is Deputy to Mr. Dod, H.R.H. Receiver of the
Tenths, with credentials, but they have utterly refused him,
and what shall be preserved I cannot tell. And thus, my Lord,
it is with everything in that place. It is a perfect receptacle
of rogues and pirates, and while this is doing, I have found the
reason of Mr. Lawrence, one of the privateers, unwillingnesse to
come hither. One Capt. Tucker of Bermudas brings me account
that Lawrence met him in the sea in November last past, and
rob'd him and sunk his vessell, and set him on shoar at Carolina.
I am taking care to have him arrested upon that head, to see
what may appear upon his tryall, but I shall not be able to bring
it to passe, while they have a pretence to any Government there.
The ordinary oppression of the subject, who do not agree with
their methods, is very grievous. I humbly offer but one instance
in the inclosed letter (subscribed: none inclosed) from Mr. Brinley,
a very loyal person, and of the best estate here; and some other
such instances are the utmost of their government; in all other
things the people do what they please without restraint. |
|
The Indians to the Eastward upon the frontiers of this Province
are in good order, I having carefully guarded their coast, that
no French supplies could come to them, and having one fourth
man of the Militia throughout the Province ready at four and
twenty hours' warning for a march, and keeping a small force
next to them, about 200 men in a marching posture every day,
which I assure them is to defend them from the French whom
they may justly fear, having refused to rise upon the English.
The Sachims of these Indians have alwaies in their Treaties
urged that an Indian boy carried into England by Sir William
Phips might be returned, and I pray it on their behalfe. It would
be a great benefit to us in our Treaties. The Gentlemen of the
Council acquaint me that Sir Henery Ashhurst can give account of
him, where he is, and there are two or three Christian captives
of the last war that I cannot get without the return of this Indian
boy. The last Assembly granted 500l. more for the finishing of
the Castle of this place, which completes the expence there to
5,000l., and Col. Romer assures me, Midsummer Day shall perfect
that work, and give him the leisure to begin at Pascataqua,
where the people are ready to do their utmost, both in payment
and labour, to reform and add to their fortifications. The annual
choice of H.M. Council here is within a few days, and the Assembly
already chosen for that purpose; there has been apparent methods
taken in the choice of Assembly-men that no such should be
chosen as had shewed their obedience to H.M. commands for the
re-building of Pemaquid, or for the setling a salary for the support
of the Government, and I therefore reasonably expect that such
will be chosen into the Council, and unless H.M. please to assign
a sum out of the public Revenue here, to be first taken out for
the Governour annually, I do not expect that anything will be
obtained of the Assembly, and while the Council have their
dependance upon the people for their station at that Board. I
humbly pray that Mr. Nathaniel Byfield may be appointed Judge
of the Admiralty, and that I may not longer depend upon Mr.
Atwood's Deputy for that service, and if I might obtain some large
canon for this Castle, the work would then be perfect, and one
foot company of English souldiers in H.M. pay there would
put that fortification in all points into its proper posture. |
|
I humbly thank the honor of your Lordship's commands of
Jan. 23, which I received yesterday by way of Jamaica, and
humbly thank your Lordship's favour to the two Companies sent
from this Province to Jamaica; and I shall do my duty in providing for the fleet, if they call here, and if they are upon any
design to the northward, at Port Royal, Placentia, or Kebeck,
I believe them all feasible, and if I have any warning from Admirall
Whetstone, or who else is in command, I shall do what I can to
encourage voluntiers to keep them company from hence for
H.M. service. Signed, J. Dudley. Endorsed, Recd. June 30th,
1703. 4 pp. [C.O. 5, 751. No. 48.] |
May 10.
Boston. |
674. Governor Dudley to the Council of Trade and Plantations. Duplicate of preceding with exception of last paragraph
for which is substituted:—I humbly thank your Lordships'
favourable Representation to H.M. referring to the 250l. presented
me by New Hampshire, which they voted to be double that sum,
if I would have accepted it from so small a Province, and I humbly
pray your Lordships' favour in the passing the gift of 500l.
from this Province to me; here is not penny salary of no
kind. and that present of 500l. is not the halfe of my
expenses this year, though I perceive the Assembly intended
it to support that charge as well as the charge of the Commissions for the Government which it will by no means amount
to. Signed, J. Dudley. Endorsed, Recd. June 30th, Read July
13, 1703. 4 pp. Enclosed, |
|
674. i. Abstract of preceding. 1½ pp. |
|
674. ii. Francis Brinley to Governor Dudley. Newport,
April 10, 1703. The many troubles and perplexities
H.M. good subjects here inhabiting are exercised with
from hands of unreasonable men are allmost unaccountable, more especially to Mr. Lodowick Updike, from
whom they have unreasonably distrained great sums
for small matters demanded of him, as for a rate of
20s. or under they took seaven fat hogs worth 10l., etc.
According to the Law, they are to keep them ten daies
before exposed to sale, which they observe not, but
some of the cattle distrained they carried out of the
township in a weekes time, and never returned any
surplus. From some they have taken the beasts of the
plough, tho' enough of other estate to be taken at their
pleasure. And now lately for a rate of 10s. or 14s.,
their officer came to Mr. Updike's (tho' he was not at
home) and distrayned a silver tankard cost 12l., and was
rummaging a kettle for some silver spoons, which so
provoked Mrs. Updike that shee struck him with a
broomstick, for which crime she was bound over to the
Court in March last, and a bill of indictment found
against her shee quashed, and although they have a
considerable estate in the place, and alwaies silver,
yet they compelled her and her husband to enter into
bond to appeare at the next Court in September, and
bound them to the good behaviour. Prays H.E. that
there may be a stop put to their further proceedings,
for they force a government over the people wch. nothing
concerns them etc. They intend to deale severely with
Mr. Updike, if not prevented. Signed, Francis Brinley.
Endorsed, Recd. June 30th, Read July 13, 1703.
Addressed. Sealed. 1 p. [C.O. 5, 863. Nos. 29,
29.i., ii.; and (without enclosures) 5, 911. pp. 79–87.] |
May 10.
Whitehall. |
675. Journal of Council of Trade and Plantations. Mr.
Vaughan and Mr. Partridge, accompanied with their Council,
attending on the one side, and Mr. Usher and Mr. Wharton on
the other, the Order of Council of the 1st upon Mr. Vaughan's
petition against Mr. Usher, as also Mr. Vaughan's reasons in
confirmation of the said petition, were read. But Mr. Usher
objecting that the said reasons were not delivered in till this
morning, and that he had not been able to instruct his Council,
and therefore desiring a further day, their Lordships agreed
upon 19th inst., and ordered that Mr. Usher have a copy of the
foresaid reasons, and that he put in his reply on Friday next,
that a copy thereof may be given to Mr. Vaughan, and that both
sides may have summons for such persons as they shal desire. |
