|
| [Dec. 6.] | 1355. Memorandum of abstract of List of Tithables of
Virginia, 1703. ¼ p. [C.O. 5, 1313. No. 37.] |
|---|
| Dec. 6. | 1356. Solicitor General to the Council of Trade and
Plantations. In obedience to your Lordships' order I have
considered the Acts passed in Bermuda 1690, 1691, 1693 and
1694. Enumerated, As to (1) the Act to prohibit from retailing
liquors without lycence of the Justices, this Act is by a particular
proviso therein to continue for two years from the publication
thereof, and I presume was intended to commence at 20 days
end after the publication, but by mistake in penning the Act
commences immediately and lasts no longer than 20 days.
(2) In the clause in the Act for keeping a dilligent guard at the
Castle and Pagitt's Fort for the further incouragement of the
watch and guard by distributeing the fourscore ears of corne,
there is an omission of a line or two which makes that clause
nonsense. (3) By an Act for trying any debt or difference not
exceeding 20s. by the J.P., the Justice is enabled to allow what
he pleases to be evidence, whereas he ought not to determine
but by legal proof. It also provides that after judgement shall be
awarded by the Justice, if satisfaction shall not be made within
10 days, the Justice is to grant his warrant to levy the debt and
charges by distress and sale of the parties goods, and for want
of such distress, the Justices are impower'd to hire out to service
the defdt., till the debt and charges shall be satisfied, but there's
no rule to determine when the debt is satisfied, or by what means
the party shall again obtaine his liberty. This is not agreable
to any execution which can be awarded according to the Law
of England, it gives an arbitrary power to the Justice to make
any Defdt. from whom such debt shall be oweing a servant, if
not a slave, to whomsoever and wheresoever he thinks fitt. For
these reasons I think this Act not fitt to be confirmed. (4) By
an Act for recovery of debts from persons insolvent, every person
of what quality soever, as wel strangers as inhabitants, within
the Island, who shall be in prison for debt, and shall not pay the
same within 10 days after such publication as is mentioned in
the Act, is to be hired forth to any person in any place and upon
any imployment as the Governor and Council shall order for
satisfaction of the said debt, but no rule is laid down to ascertain
the rate or price for which such person is to serve, nor when
the debt is to be satisfied, nor how the debtor shall be discharged
from his service. Persons of very good ability, especially
strangers, thro' misfortunes or accidents, may be in prison for
debt, and unable to pay the same within 10 days, yet such persons
are equally liable, as persons really insolvent, to become servants to
work out their debts. The persons insolvent only are mentioned
in the title of the Act, yet this Law extends to all persons whomsoever, and to all debts without any distinction. I think this
Act not fitt to be confirmed. (5) The Act for putting out
apprentices and setting idle people to work directs such as are of
the age of 15 and living idly, and not having wherewithal to
maintain themselves, to be forced to work or go to service as is
required by the Statutes 7 Jac. 1., and there are not any such
statutes. But this Act referrs also to several other Laws which
may be of great use, and therefore may without prejudice be
confirmed. (6) The Act for settling intestates' estates mentions
the wrong chapter of an Act referred to. (7) In the Act for the
liberty of the subject, the statutes of H. III. and E. III. referred to
are unnecessary to be enacted within these Islands, being declaratory
of the Common Law of England. If the 16th of Car. I. should
be there in force, the jurisdiction and authority of the Queen
in Council in making any determination concerning any lands,
tenements, goods or chatles on appeal, or otherwise, is wholly
laid aside. This Law likewise enacts that all Laws in force in
England relating to liberty and property, shall be also in force
within those Islands, which I conceive to be very improper,
and ought by no means to be approved of. (8) An Act for
quieting men's estates and preventing Law suits. A Statute of
limitations is undoubtedly at least as necessary in these Islands
as in England, but this Act is so very imperfectly drawne, that
it will rather destroy men's undoubted rights then quiet them,
and create law-suits than prevent them. An actual enjoyment
for 20 years before the making this Law without any claim, rent,
service or acknowledgment, and five years continued enjoyment
afterwards, or the like enjoyment for 20 years at any time after
the making the Act, is turned into an absolute estate of inheritance. As to the limitation of five years after the making the
Act, I conceive that tyme to be short, and persons who had a
right of entry might be surprized thereby. And as this Act is
penned, persons who have an undoubted title in reversion or
remainder may be barred thereof by the possession of tenant for
years, during whose possession they in reversion or remaynder
cannot by Law make any entry or claym. The provision in this
Act ought to have been agreable to the Statute of limitations,
21st Jam. I. For the imperfect drawing of this Act and the
ill consequence may arise thereby, I conceive it ought to be
rejected. (9) Part of the Act for the alteration of several Acts
varys part of the Act before mentioned for trying any debt not
exceeding 20s. by the Justices, but leaves it liable to the objection
before made to it, and therefore I think this Act not fit to be
confirmed. (10) The Act for liberty of the subject from illegal
imprisonment gives the entire benefit of the Habeas Corpus Act
of 31st Charles II. to the inhabitants of this Island. They have
all the benefits of the writ of Habeas Corpus which the Common
Law of England gives against illegal imprisonments. It must
be submitted to your Lordships, whether such an Act in those
parts will not lessen the dependance upon the Crowne. If such
a Law should not be thought improper there, yet the granting
a Habeas Corpus ought not to be in the power of every J.P.
(11) The Excise Act of 1693 has the same mistake as that of
1690 as above. However, this Act also is long since determined
according to their intentions. As to the residue of the several Acts
concerning which I have made no particular remark, your
Lordpps. will observe that very many of them were but temporary, and are determined several years since, and few of them
are drawne so carefully as they ought to be, and in many of them
there seem to be mistakes in transcribing. However, I have no
such objection in point of Law as to advise the rejecting of them.
Signed, Sim. Harcourt. Endorsed, Recd. Dec. 2, 1703. Read.
July 11, 1704. 7 pp. [C.O. 37, 6. No. 5; and 38, 6.
pp. 20–35.] |
|---|
| Dec. 6. | 1357. Solicitor General to the Council of Trade and
Plantations. Report on the Laws of the Bermuda Islands, 1690,
1691, contained in the Book of Laws—a negligently transcribed
copy of the Laws criticised in preceding. Signed, Sim. Harcourt.
2½ pp. [C.O. 37, 6. No. 4.]
pp. 20–35.] |
|---|
| Dec. 6. | 1358. Copy of H.M. Instructions concerning Imprisonments
in Barbados. (See preceding volume of this Calendar.) A True
Copy. Signed, A. Skene, Secretary. [C.O. 319, 1. pp. 53–55.] |
|---|
| Dec. 6. | 1359. Mr. Warters to Mr. Popple. In reply to letter of
Dec. 2nd. It has been always customary in time of war to
appoint Agents as well in the several Plantations abroad as at
home, for receiving the perquisites of Admiralty. The Agents
so empowered have of late met with great oppositions and discouragements from the Governours of several of H.M. Plantations,
of which great complaints have been made, more particularly
from Bermudas, Berbadoes, Jamaica, Antegoa, New England,
to the great prejudice of H.R.H. the Lord High Admiral in the
recovery of his just rights, and to the great loss to the publick,
to whose use all those rights are assigned during the present
war. These complaints from the Agents have given occasion
for this matter being laid before their Lordships the Commissioners for redress, and for the further satisfaction to their
Lordships in this matter I have here incerted the several particulars
how the rights of Admiralty do arise on prizes. (1) All enemies'
ships that shall come into Port, whether by mistake, stress of
weather or other accident, the same do wholy belong to the Lord
High Admiral. (2) All such that shall be seized either by any
of H.M. men of war or otherwise within any Road or Harbour,
or within gun-shot of any of H.M. forts or castles, do likewise
wholy belong to the Admiral. All ships or goods taken from
the enemy by any ship not commissionated, the same. All such
taken by Privateers or ships carrying Letters of Marque, a tenth
belongs to the Admiral. All men of war or privateers belonging
to the enemy taken by any of H.M. ships of war or privateers,
a tenth thereof likewise belongs to the Lord High Admiral.
Salvage of ships and goods retaken from the enemy belongs to
the Lord High Admiral. There are many other Droits of
Admiralty such as wrecks of the sea, flotsons, jestsons, lagons,
derelicts, ships and goods of pirates, deodands, and many others
which come more particularly under the care of the ViceAdmirals, for which they are accountable to the Lord High
Admiral. Signed, J. Warters. Endorsed, Recd. 6th, Read
17th Dec., 1703. 2 pp. [C.O. 323, 5. No. 31; and 324, 8.
pp. 309–311.] |
|---|
Dec. 6.
Whitehall. | 1360. Journal of Council of Trade and Plantations.
Mr. Cope [see Dec. 2] attending said that he was sent Master
Gunner to Jamaica in 1701, which their Lordships judged to have
been done by the Board of Ordnance in pursuance of their
Representation upon occasion of Brigadier Selwyn's going
Governor. Whereupon ordered that his Memll. be sent to
Col. Handasyd, and that he be told it is a reproach to the Island
that a man sent in that manner has been no better received. |
|---|
| Letter from the Lords Proprietors of Carolina read. |
| Ordered that the Barbadoes Merchants and New England
Merchants have notice to lay their desires relating to convoys
for those trades before the Board in writing on Wednesday, and
the Pennsylvania Co. to attend then. |
| Letter to Mr. Burchet about Newfoundland ordered. |
| Dec. 7. | Mr. Byfeild attending on behalf of the Pennsylvania Co., their
Lordships enquired if there be good riding for a fifth-rate frigat
upon the coast of S. Carolina; and some other doubts also arising
upon the meaning of the Company's Memorial, in relation to
New York and Pennsylvania, he desired to take it back, and
promised to bring another more full and perfect on Thursday
next. |
|---|
| Order of Committee of House of Commons to prepare a bill
for the incouragement of seamen and effectual manning of the
Navy, requiring the Board to lay before them an account of
what ships, tonnage and number of men are imployed in the
several foreign trades, or have been so employed for one or more
years past, read. Ordered that the Secretary write to Mr. Sansom
for the account thereby desired, the Custom House being the
only place where such accounts can be taken. |
| Ordered that the Secretary write to Mr. Perry for an Account
of what ships, tunnage and number of seamen, were imployed
in the Virginia and Maryland Trades in the last year, and to
Mr. Merrit for a like account of the Newfoundland trade. |
| Plan of the channels and soundings between Kingston and
Port Royal laid before the Board. |
| Report to the House of Lords (Nov. 22) considered. |
| Dec. 8. | Mr. Jennings presented a letter from Governor Nicholson,
referring to 3 boxes of papers received; all which their Lordships
ordered to be methodized and laid before them with a list of the
whole at the first conveniency. He also delivered a list of the
ships and tobacco exported from Virginia and Maryland under
the convoy with which he came, but some supposed to be lost in
the late storm. |
|---|
| Further progress made in the Report to the House of Lords. |
| Memorials from the Barbadoes and New England merchants
read. [C.O. 391, 16. pp. 308–314; and 391, 97. pp. 753–762.] |
| Dec. 6. | 1361. Journal of Assembly of New Jersey. Money Bill
read a third time, passed and sent up. |
|---|
| Amended Bill, to enforce the payment of former taxes in the
Western division, ordered to be engrossed. |
| Dec. 7. | Above Bill read a third time, passed and sent up. |
|---|
| Engrossed Bill for ascertaining Representatives' fees read a
third time, passed, and sent up. |
| Dec. 8. | The House met and adjourned. [C.O. 5, 1019. p. 487.] |
|---|
Dec. 7.
Whitehall. | 1362. W. Popple to J. Burchett. The Council of Trade
and Plantations being called upon to give an account of the
last summer's trade and fishery at Newfoundland, enquire what
answer they are to expect to the Heads of Enquiry of June 3
last. [C.O. 195, 3. p. 260.] |
|---|
| Dec. 7. | 1363. Minutes of Council of Bermuda. Ordered that the
next Assizes be holden on the second Tuesday in March. [C.O. 40,
2. p. 57.] |
|---|
Dec. 7.
St. Jago de la Vega. | 1364. Minutes of Council of Jamaica. The Gentlemen
appointed Nov. 25 to hire a sloop to carry pacquetts to the
Spanish Governor's, giving an acct. that they could not do so,
ordered that the Naval Officer hire one, and if he cannot, that
he immediately send notice to the Governor and thereupon
that he have an Order to impress for yt. service and that she be
mann'd with the people belonging to ye men of war. |
|---|
| There being certain intelligence that the French at Hispaniola
have four men of war and a fleet of merchant and store ships
lately come there, and ye Masters of merchant ships now ready
here having petitioned the Govr. to grant them a convoy to the
Crooked Island, the Board advised it was not safe for them to
goe that way, till we have further intellegence of the motion of
the enemy, and therefore that there should be an imbargo laid
on all vessels except Turtlers and Traders about ye Island.
Ordered accordingly. |
| 50l. ordered to be paid to Capt. Edwards for his good service
against ye enemy lately landed at North Side, and 50l. to such
persons as ye Govr. and Gentlemen of the Council wch. shall
happen to be in town shall appoint, according to the Captain's
report of their service in that action. |
| Various salaries paid. [C.O. 140, 6. pp. 199, 200; and
207, 208.] |
Dec. 7.
Portsmouth. | 1365. Minutes of Council and Assembly of New Hampshire.
H.E. (Usher) addressed the Representatives and assured them
of H.M. gracious protection and his own efforts for their welfare.
Continues:—I have visited the garrisons in the several towns,
finde some out garrisons weakly mann'd, and will stand in need
of help, that the inhabitants may look after their affairs for
subsistance. I found H.M. Fort in a bad condition, and not
above 2 men in pay, there is great need of more, this Fort being
of the greatest concernment of the whole country, and for want
of men there hath been such omission as to warding and watching,
the enemy might easily have surprized and taken itt. There is
great want of powder, arms and ammunition. The Province is
much in debt, an account thereof the Treasurer shall lay before
you, and not only want of money to pay debts already dew, but
also a fund to pay daily charges, which may arise. The money
raised shall be ready for your examination, how disposed of.
If you see cause to address to H.M. for a company of souldjers
for H.M. service at the Fort, for powder, arms and ammunition,
the same shall be forwarded. Considering the ships will speedily
depart for England, and the season of the year, hope you will
be speedy in your results. |
|---|
| Letter from Governor Dudley, Nov. 22, 1703, to Col. Romer
read. |
| Col. Romer reported that he was ordered by Governor Dudley
to repair Fort William and Mary, and that New Hampshire
to that end had allowed 500l. in money and 500l. in labour, and
that they had made some progress in it, but the severity of the
winter had obliged them to leave off. And whereas the 500l.
in money was delivered in all sorts of provisions to the Treasurer
according to the Act, but they not being sold for the prices therein
mentioned, there was given to the Treasurer by Order of Council
50l. abatement. The 500l. in labour would soon consume the
450l.; they had already consumed upwards of 26l., and had
not done full 8l. worth of work. It was customary in all parts of
the world that when the country allowed any sum of money for
labour, that then the subjects did take provisions along with
them for 8 or 10 days, according to the distance of their habitations, and then it would be reckoned as money, but it cannot
here be reckoned so because that if this daily labour soe proceed,
it will soon consume the 450l.; therefore the Board may judge
that it is impossible to make a magazine for powder and
lodgings for 50 or 60 men. Col. Romer further declared that
he had a year ago demonstrated to the Duke of Marlborough
the state of this Province, and that it was impossible for them
to make these fortifications, which his late Majesty was pleased
to order. It was now in due season that the Province should
implore the Queen for her assistance, and [he] requested that the
Board desire the Governor and Lt. Gov. for their concurrence.
Col. Romer took his leave in order to depart next day for Boston. |
| George Jeffreys' accounts as Treasurer, 1695, 1696, passed. |
| Dec. 8. | An estimate of this Province's debts, amounting to 450l., was
sent up from the Representatives. |
|---|
| Accounts of Joseph Smith, Treasurer, 1696, 1699, passed. |
| Representatives' reply to H.E. speech sent up:—Wee account
it the greatest happiness of the age we live in to be under the
Government of so great, good and glorious a Queen, etc. As
to the frontier garrisons, wee beleive they may be in some danger,
but wee are not capable of sustaining the charge of supplying
all with souldjers, besides the Committees of Militia in the several
towns are impowered by Law to look after these affaires. As to
H.M. Fort at Great Island, the Assembly advanced 500l. that
it might be made more defenceable, and as to men, we suppose
the present season of the year will in some measure supply that
want, there being on Great Island only the Fort to do duty, and
the inhabitants are sufficient to supply men for watching. As
for powder, our Agent, Major Wm. Vaughan, was instructed
to Address H.M. for a supply, from whom we have yett had noe
account. As for the Treasurer's Account(s) we had them lately
laid before us by order of H.E., and have continued an Act for
laying a duty on lumber etc. for another year, which wee hope
by the year's end will pay our debts and answer the necessary
charges arising the meantime. As to addressing H.M. for a
company of souldjers for the Fort, the Governor having been
lately among us, and well acquainting himself with the state of
the Province, Fort and all things concerning the same, we have
prayed H.E. to represent our state and wants at large, and pray
H.M. favourable releife, which wee presume is already done,
or will be done by these ships. |
| Ordered that Dec. 29 be sent apart as a Thanksgiving Day
throughout this Province for all mercys daily received. |
| Dec. 9. | Capt. Eason ordered to pay 2 barrels of powder for this voyage. |
|---|
| Message sent down:—Whereas there is one power given in H.M.
Commission to execute Martial Law in time of peace upon souldjers
in pay by H.M., I therefore recommend to the Assembly, that,
if not already done, you prepare an Act for punishing mutiny,
desertion and false musters and for the preserving of good discipline
amongst souldjers. |
| It appearing that the Treasurer in 1701 paid Lt. Gov. Partridge
per order being voted as part of his disbursements for the Province
100l., the Representatives were asked for a particular account
of those disbursements, which they said they had not got. |
| Ordered that Henry Dow, George Jeffrey and Joseph Smith,
formerly Treasurers, be allowed 5 p.c. for paying and receiving,
their accounts having been approved. [C.O. 5, 789. pp. 349–358.] |
| [Dec. 8.] | 1366. List of ships and quantity of tobacco exported from
Virginia and Maryland on the fleet that arrived in England Nov.,
1703. Totals: ships, London 36, Outports, 12=48; hhds. of
tobacco, London 11,440; Outports 3,878=15,318. Endorsed,
Recd. Read Dec. 8, 1703. 2¼ pp. [C.O. 5, 1313. No. 36;
and 5, 1360. p. 438.] |
|---|
Dec. 8.
Treasury Chambers. | 1367. Wm. Lowndes to Mr. Popple. Mr Lord Treasurer
desires you to acquaint the Lords Commissioners for Trade that
the Commissioners of Customs having laid before him the
proceedings of the Court-Martial in Barbados, he hath directed
that Mr. Cox should be dismissed from his post. My Lord
Treasurer likewise desires you to acquaint their Lorpps. that
for the future as any matter relating to the Customs occurs to
them, he desires the same may be first transmitted to his Lordship
that soe, as is regular, it may be by him transmitted to the Commissioners of the Customes, who are under his Lop.'s direction.
Signed, Wm. Lowndes. Endorsed, Recd. Read Dec. 10, 1703.
1 p. [C.O. 28, 6. No. 110; and 29, 8. p. 360.] |
|---|
| Dec. 8. | 1368.Mel. Holder to [? William Popple]. Here are
merchants have an acct. of 6 French men of war, 28 privateers
and several transport and store-ships yt. were at Martinico
Oct. 8: it is said further that they were preparing to make a
descent upon some of the Leward Islands. Signed, Mel. Holder.
Subscribed, One evil consequence of late convoys is that it is
impossible for convoys to keep the merchants ships together by
reason of the bad weather, wch. some of the merchants would
have mended that clause of the petition, but considering we had
not time enough, I intreated them that I might signify it by
letter which they desire may be communicated to their Lordships,
as also that the guardships mentioned are too few. 1 p.
[C.O. 28, 6. No. 109; and 29, 8. p. 353.] |
|---|
Dec. 8.
London. | 1369. New England Merchants to the Council of Trade and
Plantations. As to convoys for New England. The French
have in those parts seldom less than 2 men of war, 50 guns each,
and during the last war the coast of New England much insulted
by the enemy, and the New Englanders suffered much thro
want of guard ships on their coast; and the traders lost 2/3 of
their ships trading between that place and England for want of
convoys, besides many others bound thence to the other
Plantations with provisions and other necessaries etc. The case
being now the same, we conceive that it will be necessary that
the coast of New England shall be alwaies defended by two
men of war of a sufficient force; that 2 men of war depart hence
about 20 Feb. to convoy such merchant ships bound thither
as shalbe then ready, the number whereof we cannot ascertain;
that one of the said shipps, or that which is now there, return
for England with such merchant ships as shalbe ready about
June 15; that another man of war depart hence about the
beginning of Sept., as a second convoy to ships bound to New
England, and that the same, or one of the two men of war
remaining there, depart thence as a convoy for England about
the beginning of Dec.; that the other two men of war being
unserviceable in the winter, depart thence about the beginning
of Dec. as a convoy to the ships bound for Berbados and the
Leeward Islands, and thence to Saltertudos, and return to
New England early in the spring. Signed, Ste. Mason, Jer.
Johnstone, Joseph Pa[ice], John Shippen. Endorsed, Recd.
Read Dec. 8, 1703. 1 p. [C.O. 5, 863. No. 63; and 5, 911.
pp. 154–156.] |
|---|
| Dec. 8. | 1370. William Bridges to William Popple. Enclosing
answer to letter of Dec. 6. Signed, Wm. Bridges. 1 p.
Enclosed, |
|---|
| 1370. i. Merchants trading to Barbados to the Council of Trade
and Plantations. Two convoys in the year are necessary
for the Barbados trade, one to sail the begining of
January and the other in April. The first to return
from thence the begining of May and the other Aug. 1st.
But forasmuch as the last fleet from Barbadoes for want
of an early convoy came so lately home that they are
not yet all unladen, and that there must be time for
refitting and lading, wee humbly desire that the next
convoy may be ready Feb. 1st, and that if wee cannot
have a second in Aprill, wee may have some speedy
intimation thereof, that so we may send out the more
commodities for the supply of the Island by ye first
convoy. Upon this occasion wee take leave to lay
before your Lordships some great discouragements
that wee lye under, and unless we can have redress
both wee and the Island will be in danger of being
ruined. (1) The last year, according to appointment
of the Admiralty, wee had ships ready to sayl Feb. 10,
and mann'd them at very great expence, and lay from
that time till May before wee could have convoy or were
permitted to sail, and to compleat our misery after we
had mann'd at the charge of 4 or 5l. a man, besides
very high wages, under the sanction of the Admiralty's
protections, the men were press'd from our ships, etc.
The fears of being so treated again, has hindred severall
from setting out ships any more. (2) There was a
very considerable fleet of ships loaden at Barbadoes
in May last which were detained untill the fleet which
saild from hence in May arrived there and were laden,
which was not till Aug., so that the bottoms of many
of the ships of the fleet which were laden in May were
much prejudiced by worms, and by that means severall
of them foundred in their return home. (3) The
last fleet from Barbados was not permitted to sail
directly home as has been ever accustomed, but were
forced to accompany the convoy to the Leeward Islands
about the hurricane time, to the great hazard of their
ships amongst those Islands, and also by being exposed
to the enemy's privateers from Martinico, and were
there detained untill the ships laden at the Leeward
Islands were ready, which was so great a hazard and
damage, that wee cannot think it fitt for us any more
to adventure our ships and goods in like manner.
(4) When that fleet came in sight of England. where
the great danger of meeting the enemies's ships is, the
Commodore of the convoy, which was the biggest rate
and best ship, in pursuance of his orders as he pretended,
left about 100 saile of the greatest and richest ships to
convoy about eleven small ships for Bristoll, by which
means severall of the said 100 saile were taken off Scilly
Island the same day and the day following. All our
advices agree, that the enemy's privateers of Martinicoe
are very numerous and have taken so many ships from
Guinea with negroes and ships with provisions from
England, Ireland and other parts off Barbadoes, that
has ruin'd many Merchants and disabled the Planters
from carrying on their works for want of strength and
food, and subsisted the French and much enriched
them by enabling them to supply the Spaniards with
a very great number of negroes. To prevent this, it is
necessary that there be two small frigats and a fourth
rate ship of war that are very good sailers to attend that
Island. Signed, Pat. Mein, Mel. Holder and 15 others.
Endorsed, Recd. Read Dec. 8, 1703. 3 pp. [C.O. 28, 6.
Nos. 108, 108. i.; and 29, 8. pp. 353–358.] |
Dec. 9.
St. James's. | 1371. Order of Queen in Council. Referring the accounts
of John Bridger to the Council of Trade and Plantations.
[See Acts of Privy Council, II, No. 908.] Signed, John Povey.
Endorsed, Recd. 14th, Read 29th, 1703. 1 p. Enclosed, |
|---|
| 1371. i. Copy of Report of the Admiralty upon Bridger's
Petition. Dec. 2, 1703. 1½ pp. |
| 1371. ii. Abstract of Mr. Bridger's disbursements upon
journeys in New England, 1696–1701. 1 p. |
| 1371. iii. Copy of the Observations of the Navy Board upon
Bridger's Accounts, which they do not consider themselves
able to allow of, from want of proper vouchers.
6 pp. |
| 1371. iv. Copy of Abstract of Accounts of John Bridger, etc.
3 pp. [C.O. 5, 863. Nos. 64, 64.i.–iv.; and (without
enclosures) 5, 911. pp. 161, 162.] |
Dec. 9.
Whitehall. | 1372. Journal of Council of Trade and Plantations. The
several Memorials relating to convoys considered. Upon some
doubt on that from the Virginia Merchants, ordered that Mr. Perry
have notice to explain the same to-morrow. |
|---|
| Ordered that the New York Merchants have notice to bring
their Memorial in writing, as promised Nov. 22. |
| Mr. Cox, lately arrived from New York and Virginia, delivered
to the Board a box containing several papers from the
Lord Cornbury, which their Lordships ordered to be abstracted
and laid before them as soon as may be. |
| Dec. 10. | Letter from Mr. Lowndes, Dec. 8, read. |
|---|
| Mr. Byfeild presented a Memorial of the Pennsylvania Co. |
| Mr. Perry with other Virginia merchants attending, acquainted
the Board that they knew of no ships that designed to go with
the convoy they desired, yet considering the fleet now in Virginia
will be one of the richest that ever came from thence, they could
not desire less than 3 men of war to sail from hence, so as to be
able to return by the last of April, because one of those ships
must be left as a guard to the country, and then the other 2,
with the 2 already there, will be little enough to take care of so
large a Fleet as that will be, which will consist of between 150
and 200 sail. |
| Letter from John Moor, Sept. 17, read. |
| Dec. 11. | Report upon convoys considered, and finding some defects in
the merchants' memorials, their Lordships ordered that a letter
be writ to the Barbadoes Agents for the number and rates of
ships they desire for a convoy, and the time they should sail;
and to the Agents of the Leeward and Jamaica, to enquire what
number and rates of ships they desire may be appointed for
guardships for those Islands. |
|---|
| Similar enquiry ordered of Mr. Lodwick, as to number and
rates of ships desired for New York. Replies to be made on
Monday. |
| Letter to Lord Nottingham, enclosing copy of Mr. Moor's letter,
signed. |
| Progress made in Report to the House of Lords. [C.O. 391, 16.
pp. 314–319; and 391, 97. pp. 765–774.] |
| Dec. 9. | 1373. Minutes of Council [in Assembly] of Bermuda. The
Assembly appeared and for some reasons H.E. dissolved them.
[C.O. 40, 2. p. 57.] |
|---|
| Dec. 9. | 1374. Journal of Assembly of New Jersey. Bill for
regulating the purchasing of lands from the Indians, agreed to
by the Council, was sent down with some amendments. |
|---|
| Dec. 10. | Above amendments agreed to and sent up, with one further
amendment. |
|---|
| Dec. 11. | Bill for ascertaining Representatives' fees sent down agreed
to with amendments. [C.O. 5, 1019. pp. 487, 488.] |
|---|
| Dec. 9. | 1375. Vice-Admiral Graydon to [? Mr. Burchet]. The
heads of enquiry to be made at Newfoundland did not come
to my hands till Sept. 29, a hundred leagues E. of Newfoundland,
and the convoy being to sayle to Portugall the beginning of Oct.,
there was not any time for said enquirys to be made. They
ought to have been sent out in the beginning of the year, etc.
Signed, Jo. Graydon. Copy. 1 p. [C.O. 194, 3. No. 7; and
195, 3. pp. 287, 288.] |
|---|
Dec. 10.
Admiralty Office. | 1376. J. Burchett to Mr. Popple. Enclosing preceding. Signed,
J. Burchett. Endorsed, Recd. Dec. 11, 1703, Read March 21,
170¾. ½ p. [C.O. 194, 3. No. 9; and 195, 3. p. 287.] |
|---|
| Dec. 10. | 1377. Pennsylvania Company to the Council of Trade and
Plantations. For the security of the trade and Colony of South
Carolina, it will be necessary that H.M. send a frigate to ride
there and to convoy thence to Virginia such ships as shall be
ready to sail thence timely enough to reach the Virginia Fleet
in order to come home with that convoy, and then for ye frigate
to return to Carolina for the guard of the coast, and we being
informed that Ashley River in Carolina is a barred place and
that the frigate must not draw above 12ft. water to go over the
bar, but when she is over there is as good rydeing as in ye Thames,
and without the barr as good as the Downes, we humbly conceive it most proper to send such a frygate as draws the least
water, yet of good force. There is about 8 legues from Charles
Town a place called Port Royal, where a larger frigate may
ride with safety, which is deep water and not barred. The late
expedition to St. Augustin hath so farr wasted their amunition
that the country was in great want, and the Law here prohibiting
powder to be shipt from hence for foreign parts when it exceeds
the price of 5l. per barrel, the merchants trading thither where
frustrated from sending a supply by their last ship. Therefore
it is humbly desired that H.M. would be gratiously pleased to
take such care of the preservation of the Colony and trade as
to her princely wisdom seems meet. As for New York, Mr. John
Thrale, Agent of that Colony, and other Merchants we understand are concerned in that Port already, wherefore we humbly
crave leave to decline. Endorsed, Recd. Read Dec. 10, 1703.
1½ pp. [C.O. 5, 1262. No. 58.] |
|---|
Dec. 10.
Treasury Chambers. | 1378. Mr. Lowndes to Mr. Popple. My Lord Treasurer
desires you to lay enclosed before the Lords Commissioners for
Trade, and desires they will signify to him if upon this further
acct. they continue their opinion for dismissing Mr. Cox or have
any objection against his being restored. Signed, Wm. Lowndes.
Endorsed, Recd. 11th, Read Dec. 13, 1703. Addressed. 1p.
Enclosed, |
|---|
| 1378. i. Richd. Savage to Wm. Lowndes. Customhouse, London,
Dec. 9, 1703. Enclosing following Memorial to be laid
before the Lord High Treasurer. The Commissioners
of Customs confirm Mr. Mein's character of Mr. Cox as
a very good officer. Signed, Rich. Savage. Addressed.
1 p. |
| 1378. ii. Patrick Mein (formerly employed as Surveyor General
of Customs in America) to the Commissioners of Customs.
Dec. 9, 1703. I was at Barbados and a Member of
Council at the time of the Court Martial concerning
Mr. Cox. What Cox did was not taken notice of by
the Government there as any fault in him, and might
have been done by any Member of Council without ill
intention, it having been usual for the persons sent
with Flags of Truce betwixt Barbados and Martinico
to go on shoar in both places without waiting for leave
to do so. Nor did I ever hear of any such thing called
in question before, for as they of Martinico have constantly treated the persons sent with that character
from us with great civility and respect, so we in Barbados
have always made the like returns etc. Mr. Cox is a
very good officer, as any I found in those parts. Signed,
Pat. Mein. 1¼ pp. [C.O. 28, 7. Nos. 9, 9. i., ii.; and
29, 8. pp. 361–366.] |
Dec. 10.
Crotchett Fryers. March 21. | 1379. Mr. Merrett to Mr. Popple. Enclosing following.
Signed, Solomon Merrett. ¾ p. Enclosed, |
|---|
| 1379. i. An account of the Fishery of Newfoundland for
1703. |
| At Bonavista that Bay
vizt. | Men. | Boats. | Quintalls
Fish. | Tons
Oyle. | Fishing ships
and boats. |
|---|
| Ship | Boat |
| Greens Pond | 40 | 6 | 1,800 | 6 | 1 | 1 |
| Salvage | 13 | 2 | 300 | 1½ |
| Barrow Harbour | 11 | 2 | 300 | 1½ |
| Keels | 11 | 5 | 1,400 | 5 |
| Bonavista | 200 | 30 | 10,500 | 45 |
| Baily's Cove | 42 | 7 | 2,400 | 10 |
| Green Island | 24 | 4 | 1,600 | 8 |
| Salmon Cove | 24 | 4 | 2,400 | 10 | 1 | 1 |
| Trinity Harbour | 18 | 3 | 1,000 | 5 |
| English Harbour | 24 | 4 | 800 | 4 |
| Silly Cove | 30 | 5 | 1,500 | 7 |
| New Perlican | 72 | 12 | 3,600 | 15 |
| Old Perlican | 108 | 18 | 6,300 | 28 |
| Bay de verds | 42 | 7 | 2,100 | 9 |
| Carboneer | 60 | 10 | 2,500 | 9 | 1 | 1 |
| Harbour Grace | 60 | 10 | 2,500 | 8 |
| Bay Roberts |
| Harbour Maine |
| Portugal Cove | 24 | 4 | 1,600 | 8 |
| Torbay | 12 | 2 | 600 | 3 |
| Quidi vidi | 48 | 12 | 3,600 | 15 |
| St. Johns | 300 | 47 | 14,100 | 60 | 18 | 37 |
| Petty Harbour | 16 | 3 | 900 | 4 | 1 | 2 |
| Bay Bulls | 12 | 2 | 700 | 5 | | |
| Witles Bay | 6 | 1 | 300 | 1½ | | |
| Ferryland and severall
small Harbours | 72 | 12 | 3,600 | 14 | 1 | 2 |
| Ranews and Fermouse | 12 | 2 | 600 | 3 | | |
| 1,281 | 214 | 67,000 (fn. 1)
8,000 (fn. 2) |
285½ (fn. 1)
15 (fn. 2) | 23 | 44 |
| | | 75,000 | 300½ | |
| 40 saile of ships computed to carry quintalls 1,800
one with another, is 72,000 quintalls; 6 sailes to
England with oyle of which one is taken. Signed,
Solomon Merrett. Endorsed, Recd. Dec. 10, 1703.
Read March 21, 170¾. 1 p. [C.O. 194, 3. Nos. 8, 8.i.;
and 195, 3. pp. 284–286.] |
| Dec. 10. | 1380. Certificate from Cha. Noden, that on Sept. 30, 1701,
he shipped to Lt. Gov. Bennett 36 gallons of brandy, 31 gall. of
claret, and 33 gallons of white wine. Signed, Cha. Noden.
Endorsed, Recd. Dec. 17, 1703. Read June 1, 1704. ½ p.
[C.O. 37, 6. No. 8.] |
|---|
| Dec. 10. | 1381. Newfoundland Merchants to the Council of Trade
and Plantations. Enclose letters received yesterday from
St. Johns, Newfoundland. Wee also pray your Lordships
to take into your consideration, the deplorable condition the
inhabitants and our Estates there are in, and to represent to
H.M. the danger of losing that country, unless a sufficient force
be sent early thither to prevent the ruin of it by the French,
whose intentions we have good reason to fear, as that Fishery
is of so great advantage in breeding up seamen to us as well as
to them. We again offer the Officers interfering with trade is
a very great discouragement to the trade and fishery, and also
to the soldiers there, who last winter have been forbid to buy
bread of our Factors, and they also have been ordered not to
sell to the souldiers althô they would have sold them at halfe
ye price. Pray, that the Officers may have strict orders not to
hinder or threaten us, or the inhabitants, or molest them in their
buisness, but that they may freely trade in Newfoundland, as
in the other Dominions of H.M. etc. Signed, Solomon Merrett,
Simon Cole, John Jackson, John Voysey, Wm. Brooke, Samll.
Weston, Wm. Smirkey. Endorsed, Recd. Dec. 10, 1703. Read
March 31, 1704. 1 p. Enclosed, |
|---|
| 1381. i. Letter from John Roope referred to in preceding.
We are like to have a long and tedious winter. I were
going to Bonavista for timber for the boome, but now
have gotten intelligence that there is enough to be
had in those parts, so hope to perfect so as at first
conserted; as [to] Admirall Graydon's miscarriages,
cannot yet learn ye true cause, but my thoughts are that
if the soldiers had come directly and not from the West
Indies, it would have been better, and that if the Officers
of the Ships of Warr had been better acquainted with
the nature of this country, for when about ten leagues
from the shore it is very foggy; near the shore, it is
very often clear weather, but makes those that are
not well acquainted fear to come near the coast, and
the poor men that were a board as pilots, not being
used to the haughty carriages of the Navy Captains
were so scared at their words that they had not sence
enough left them to make use of their sentiments, etc.
Repeats contents of his other letters. Signed, John Roope,
Nov. 6 and 10. [C.O. 194, 3. No. 10, 10.i.; and
195, 3. pp. 275–280.] |
| Dec. 10. | 1382. Minutes of Council and Assembly of New Hampshire.
In reply to H.E. message, Dec. 9, the Representatives returned
answer that the Military Laws are sufficient to punish offenders
according to the discretion of the Committees of Militia. |
|---|
| Dec. 11. | The Representatives, asked if they had anything to offer,
said not. Summoned to attend, the Lt. Gov. addressed them.
In your reply (Dec. 8.) you say there are Acts for duties laid which
will answer the necessary charges. Those Acts are given for
other ends, not for defence etc., [and I] judge will not answer
those ends. I laid before you that the Province was in debt
above 450l., and daily charges doth arise, that there was absolute
need of souldjers at H.M. Fort and some of the frontier garrisons;
if either suffer by want of supplyes, I have quitted myselfe.
There have been in Major Vaughan's and his successors' time
paid to Mr. Partridge 867l. 2s. 6d. for which there is noe account
of perticulars of disbursements, and that ought not to be allowed.
As to the 300l. paid your Agent, he has not given any acct. of
his proceedings in England. I have not onely been informed
of the condition of the Province, but have visited itt, and seen
the condition thereof, and I doubt not but the Governour hath
truely represented the same, and I shall by these mast shipps
second it likewise to H.M. In the meantime I shall take care
of H.M. Fort as shall judge proper. You are dissolved.
[C.O. 5, 789. pp. 358, 359.] |
|---|