America and West Indies: March 1702, 16-20

Pages 132-153

Calendar of State Papers Colonial, America and West Indies: Volume 20, 1702. Originally published by His Majesty's Stationery Office, London, 1912.

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March 1702

March 16.
197. Circular letter from the Council of Trade and Plantations to the Governors of H.M. Plantations. Being directed by an Order of Council to send to the Governors of H.M. Plantations for an account whether the Courts of Admiralty there are held by virtue of the power given them by the Commission they receive from the Lords Commissioners of the Admiralty, or by vertue of a clause under the Great Seal of England impowering them to erect the said Courts of Admiralty, we send you here inclosed a copy of the said Order that you may thereby understand the ground of the enquiry, and accordingly return to us the account demanded. Signed, Stamford, Lexington, Ph. Meadows, Wm. Blathwayt, Jon. Pollexfen, Mat. Prior. [C.O. 324, 8. p. 74.]
March 16.
198. William Popple to David Crawford, Deputy Commissary General of the Musters. Enclosing muster-rolls of the Independent Company of Soldiers at Newfoundland. [C.O. 195, 3. p. 50.]
[March 16.] 199. i. An account of money wanting for the Company at Newfoundland, 1702. Total, 729l. 2s. 6d. ¾ p.
ii. An account of small cloathing to be sent the Company at Newfoundland, 1702. Total value, 72l. 17s. 4d. ¾ p.
iii. An account of Provisions sent to Newfoundland for 102 soldiers for 1701. 1 p. The whole endorsed, Presented by Mr. Thurston. Reed. Read March 16, 170½. [C.O. 194, 2. Nos. 60–62; and 195, 3. pp. 51–53.]
March 16.
200. Council of Trade and Plantations to the Earl of Manchester. Enclosing draughts of warrants for H.M. signature to the several Governors of the Plantations impowering them to use the old Seals. Signed, Stamford, Lexington, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. Annexed,
200. i. Draught of warrant referred to in preceding. [C.O. 324, 8. pp. 78, 79.]
March 16.
201. Council of Trade and Plantations to the House of Commons. Reply to Order of Feb. 26, giving an account of their proceedings with relation to the complaints made to them of the Courts of Justice in the Plantations. Signed, Stamford, Lexington, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior. [C.O. 324, 8. pp. 75–77.]
March 16. 202. Journal of Council of Trade and Plantations. Order of March 13, from Sir Rowland Gwynne, Chairman of the Committee of the House of Commons, upon Mr. Hodges's petition, was read. Directions given for laying the papers therein required before that Committee.
Answer to the Order of the House of Commons, Feb. 26, signed. Mr. Blathwayt was desired to lay it before the House.
Mr. Thurston presented to the Board an account of money wanting for the Company at Newfoundland, also an account of small cloathing, with an account of provisions to be sent to them for 1702, which being read, their Lordships agreed upon a Representation relating to Newfoundland, and ordered it to be transcribed, and the said accounts annexed thereto.
Ordered that the Muster-Rolls of the Company at Newfoundland received from Capt. Graydon be sent to Mr. Crawford.
Letter from the Board of Ordnance, March 12, received and read.
Circular letters to the Governors of New Hampshire, the Massachusets Bay, New York, Maryland, Virginia, Barbadoes, Leeward Islands, Jamaica and Bermuda, upon the Order of Council, Dec. 18, signed.
Circular Letters to transmit Her Majesty's Proclamation for continuing Officers, etc., to all the Governors and Proprietors of H.M. Plantations in America, agreed upon.
Letter to the Earl of Manchester with warrants for H.M. signature, impowering the several Governors in America to use the several seals with his late Majesty's name and inscription till further order, signed.
March 17. Representation relating to Newfoundland signed.
Letter to Governor Bennett signed.
Letter to Col. Codrington agreed upon.
Col. Quary presented to the Board two Memorials relating to Virginia. Ordered that they be taken into consideration together with such parts of the letters lately received from Col. Nicholson as may relate to the same subject.
March 18. Letter to the Lord Cornbury ordered, to cause Her Majesty to be proclaimed in the Jerseys.
Memorial from Mr. Thurston, praying for some allowance for his service as Agent of the Company at Newfoundland for 3 years last past, being read, their Lordships added a clause to the Representation signed yesterday, proposing that 100l. be allowed him for his said service, and 40l. per annum during his Agency.
March 19. Circular letters to all the Governors and Proprietors in America to transmit H.M. Proclamation for continuing officers, etc., signed.
Petition of Mr. Usher, relating to his accounts as Treasurer of the Massachusets Bay, and praying that a like Instruction be given to Col. Dudley, as was given to the Earl of Bellomont thereupon, being read, Ordered that a letter to Col. Dudley be prepared accordingly.
Letter from Mr. Skene, Secretary of Barbadoes, Nov. 19, 1701, read.
Memorial from Mr. Fullerton in reply to the Council of Barbadoes's answer to Mr. Skene's Memorial, read. Ordered that a Copy be sent to the Lord Grey, and his answer desired,
Letter from Mr. Larkin, Maryland, Dec. 5, 1701, read. Upon that paragraph which relates to the arrival in Pennsylvania of How and Churchil, letter ordered to be writ to the Advocate to the Lord High Admiral, to enquire whether they were pardoned here, or how they came to have their liberty. [C.O. 391, 14. pp. 355–362; and 391, 96. Nos. 45–48.]
March 16.
Port of
203. Journal of House of Delegates of Maryland. Several writs ordered to be issued for election of Members.
The House attending the Council Chamber, H.E. addressed them;—I have never convened you other than the immediate affairs of the Province have required, and that not more than once a year, neither should I have called you now so early in the Spring but that some concernes of moment require your concurrence. The Law for establishing Religious Worship in this Province according to the Church of England, which you made last, and sent home, is now returned by H.M. for your assent, and you'll find the alterations that are made but very little, and those such visible amendments to our advantage, being corrected by so wise an hand, we ought to be proud of the pattern in confirming it. Your Journal of Assembly will make it appear that this was humbly requested by Yourselves in an Address to H.M., that he would be pleased to order it to be drawn as he should judge fitt, and to be remitted to you for your concurrence. And since this Law was so unanimously made by you, I have not the least doubt that any crafty insinuations will abate your good intentions in confirming so glorious and good an Act, but that you will cheerfully joyn in putting it upon that foot H.M. has graciously given us an handle to doe, that for the future it may not be within the reach of our opponents to shock it again. Tho' their efforts have proved feeble hitherto, yet you ought not to trust it any longer, but endeavour to plant it firme to your posterity, which will be a most lasting testimony of your virtues. Recommends H.M. Letter of Jan. 19, 1700, concerning the quota. "I have been some years among you, and you have always found me strictly just to you. Wherefore, if I have any credit with you, it's my real opinion you cannot be kinder to yourselves than in shewing your ready compliance, etc."
March 17. It being moved that whereas Kent County is nere at hand, and forasmuch as there are not sufficient Justices in the County to hold a Court, unless a Member of this House, one of the Justices, be permitted to go to supply that defect, Resolved that a Bill be prepared for adjournment of that Court till the first Tuesday in April.
It being moved, the great hardship of the Publick Officers for not recovering their fees in due time for want of regulating the Law, a Committee was appointed to report on the Law for Officers' fees.
Bill relating to Horse Rangers ordered to be prepared.
Petition of Edward Laddemor, referred from last Session, referred till he and his wife appear according to a former order of this House.
Consideration of the Bill for the establishment of Religious Worship and of H.M. Letter as to the contribution of a Quota to New York, now recommended by the Council, referred till there be a full House.
Bill relating to the Grand Jury and their speedy attendance on the Provincial Court, etc., ordered to be prepared.
Committee of Laws ordered to enquire into the charges and the title of Col. Talbot to certain land proposed to be sold for refunding the great charges of this Province heretofore expended on his behalf for imprisonment fees, etc.
Upon a message from H.E. and Council of May 15, 1701, for appointing an Agent, referred to this Session, Resolved that this House have no occasion of any at present.
Petition of John Needles of Talbot County and his wife and other children of Edward Mann, relating to a paper testament of Mann, referred to a Committee.
Petition of Thomas Love of St. Mary's County read and rejected.
Committee of Laws appointed to consider of several matters.
The proposal of a Member, whether it be not reasonable that a Law be provided for payment of rents of orphans' lands in the time of their minority, referred.
The Committee of Laws recommended that the will of Edward Mann (which was not formally signed in the presence of three witnesses) be confirmed by the Assembly. The House agreed to the report of the Committee which was ordered to be sent up.
March 18. Petition of the Justices of Calvert County relating to their Court House, setting forth the deficiency of their title to the land whereon the Court House stands, and praying relief, read.
Bill for that purpose ordered to be prepared.
The answer to the Message yesterday relating to H.E.'s speech—the consideration whereof is referred for several weighty reasons till to-morrow morning.
H.E. and Council consented to the bringing in of a Bill to confirm the deficient testament of Edward Mann. Bill ordered to be prepared accordingly.
Letter from the Council of Trade to H.E., July 22, 1701, requiring information relating to the conduct of Proprietary Governments, etc., sent down. H.E. and Council requested the Burgesses to represent what they knew or had heard, either in respect to this Province, whilst under Proprietary Governments, or otherwise of Pennsylvania and the Jerseys, according to their Lordships' desire. "And inasmuch as it has been offered at this Board that some Gentlemen of known probity now in your House have reported that they were sensible the fourteen pence per tun formerly and yet taken by and paid to the Lord Baltemore, or Port Duties, was intended and given for the maintenance of Forts and defence of the Province and was originally stiled and called Fort Duties, and not Port Duties, but by some sinister means, contrary to the intent of the Assembly that gave it, was altered and changed into Port Duties, therefore we desire you will enquire into this matter, and endeavour to get the best information and satisfaction you can therein, the said Revenue of 14d. per tun being of great emolument, and in case it be made appear to be misapplied, that is, contrary to the intent it was rais'd for, proper meanes may be used to regain that disadvantage to the Province." The House, after debate, replied, that as to the first and second observations of the Council of Trade [see A. and W.I., 1701, No. 661.i.], wherein it's said they assumed to themselves a power to make Laws, and such Laws as they enact they refuse to send home, this House say they know no such thing. As to Appeals, it is acknowledged by this House that in the time of the Proprietary Government here, Appeals for England have been denyed. As to pyrates and illegal Traders, this House say they never knew of any to be harboured or favoured in this Province. As to raising and lowering coin, etc., this House say that Pennsylvania hath oppertunity under a Proprietary Government of advancing their coin, which hath been found very prejudicial to this Province, but for drawing away servants, and people harbouring fugitives, this House know not any such thing done by any publick countenance or authority. As to the question of defence, this House say they find themselves in a very good state and condition, but as to their neighbouring Colonies this House say nothing. [C.O. 5, 744. pp. 237–254.]
March 16. 204. Minutes of Council in Assembly of Maryland. See preceding abstract.
March 17. Ordered that the Commanders in Chief in every County, being Justices of the Peace, tender the oaths appointed to the Officers of Militia under their command. H.E. acquainted the Council that, for the credit of the country, and that we may be the more capable of expressing our duty and affection to H.M. upon his birthday, Coronation day, etc., and otherwise of saluting any ships or strangers that may come to this Port, he had procured 14 guns and caused them to be mounted on the State House Hill, which was very well approved of as very creditable and necessary. And see preceding abstract.
March 18. See preceding abstract.
Petition of the inhabitants of Putuxent and Collingwood Hundreds in Prince George's County read, praying that St. Paul's parish may be divided into two parishes. Yet this Board, altho' the taxables in that parish are daily increasing, not thinking it will be sufficient to maintain two Ministers, do not think it convenient to make such division at present.
Ordered that the Sherrifs of St. Mary's and Charles Counties, Mrs. Ann Baine, executrix of Capt. Jno. Baine, Mrs. Susannah Mason, executrix of Robert Mason, late Sherrif of St. Mary's County, Col. Jno. Cood, Col. Henry Lowe and the Vestry of the said Parish, appear and render an account of the 40lb. per poll, since 1692.
Petition of John Wathen read, complaining that the said Vestry delayed to pay him according to agreement for his work done to the Church at Newport. Ordered that the parties appear before the Board. [C.O. 5, 744. pp. 97–109.]
[March 17.] 205. J. Thurston to the Council of Trade and Plantations. The Agent for Newfoundland being ordered in Nov., 1699, to Sheerness to account with and pay off several recruits sent back to England, for the charge of which journey he has as yet had no consideration, he most humbly prays that some allowance may be made him for the same, and that the Lords Commissioners for Trade will represent what they shall see fit to be allowed in their report to the Queen, together with something for the Agent's pains and trouble in three years solicitation of the Company's business, for which he has never had one farthing. Signed, J. Thurston. Endorsed, Recd. Read March 17, 170½. 1 p. [C.O. 194, 2. No. 63; and 195, 3. p. 54.]
March 17.
206. Council of Trade and Plantations to Governor Bennett. We have received your letters of Aug. 28 and Oct. 31. We expect the issue of Mr. Jones's trial, and upon the account which you shall give us of the whole matter, we shall proceed as there may be occasion, with due respect to the King's service, and to your character as H.M. Lieutenant Governor. And as to the sloop, when we have that full account which you expect and promise us, we will also take care to make use of it as may be necessary. We have perused the Act of Assembly that you have sent us against the oppression and extortion of officers, but as that Act is wholly grounded upon the crimes imputed to the said Jones, we are obliged also upon that account to wait for the issue of his trial, or otherwise to hear what he may have to say, before we report upon it. We desire you to send the rest of the Acts as soon as possible. We are satisfied that the Assembly have past an Act for repairing the Castle and Forts and that you have taken care that Trenches be cast up in all places necessary, and that the Militia be constantly kept in readiness for service. We enclose an account of all the stores of war that have been sent to the Bermudas since your Commission for that Government. We desire you to acquaint us with your having received them. These stores being the full of what you asked, we presume those Islands will be in a sufficient posture of defence. We observe with just regard your endeavours in reforming the irregularities that have too long prevailed in that place, and the hopes you have to succeed therein. Signed, Stamford, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior. [C.O. 38, 5. pp. 191–193.]
March 17.
207. Council of Trade and Plantations to the Queen. The season of the year approaching for the usual convoys to be sent to Newfoundland, we humbly take leave to lay before your Majesty such account of the state of that place as we conceive necessary for the further security and advantage thereof. The importance of that Trade and Fishery being very great to this Kingdom, and several provisions having been made by a late Act of Parliament for the better regulating the same, we did in pursuance thereof prepare particular heads of enquiry and directions, which were accordingly given by the Lords Commissioners of the Admiralty to Capt. Graydon, C. in C. of the Squadron sent thither the last year, unto which we received answers. It appears to us that the inhabitants in general have not a due regard to the several Regulations for the more advantagious management of the Fishery, it being found that northward of St. John's as far as Carboniere and to the Southward as far as Ferryland, the trees are ruined and the woods destroyed as much as before the late Act. The Admirals and masters of ships do not exactly observe the rules prescribed by Act of Parliament. The vessels from New England supply the people of Newfoundland with provisions. European commodities are carried directly from France, Spain and Portugal to Newfoundland in English ships contrary to Law, and sold or truckt with the traders from New England for tobacco, sugar and other of the enumerated commodities and carried to foreign parts, so that at the latter end of the year the Masters are wholly taken up in the management of that illegal trade, which might in some measure be prevented, had the officer or officers commanding your Majesty's ships power like that of a Custom House Officer to seize such goods. The New England Traders seldom depart the country till the men of war are first sailed, and then they carry with them numbers of handy-craftsmen, seamen and fishermen, whom they intice thither in expectation of great wages. The Masters of ships are very negligent in bringing the Greenmen home, whereby they save the charge of their passage, and those men so left are inticed and carried to New England. Against which irregularities we humbly conceive it necessary that the Commander of the Convoy now going thither be directed to take care as far as in him lies, that upon his arrival there the best remedies be applied for the prevention of those mischiefs, and that upon his report some further clauses be proposed at the next Sessions of Parliament for the more effectual regulating that Trade.
As to the state of the Fortifications in St. John's Harbour, wch. is the principal place of defence, we have already humbly represented that stone and other materials are wanting for completing the same, for the transporting of which we have disposed some merchants to be assistant with their ships at easy charge, etc. Repeat recommendations of Representation of March 6. And whereas your Majesty has there one Company of Foot consisting of 80 men besides Officers, for whom all necessaries are yearly sent by every convoy, we humbly lay before your Majesty hereunto annexed the several accounts of what appears to us to be wanting for their support in subsistance, cloathing and provisions, for the providing of which the most speedy orders are requisite. We have received from Capt. Powell, their Commander, several letters of complaint against their Agent here, as if he had not duly remitted the subsistance money allowed them according to their establishment, to which having required the said Agent to give answer, he has laid before us such accounts of his transactions as seem unto us to be without exception. But in order to the more perfect examination of those matters, we humbly offer that copies of all papers relating thereunto be given to the Commander of this year's convoy, and that he be directed to report his opinion thereupon, and redress as far as in him lies what he shall find amiss. We likewise humbly represent that the Commander of the Newfoundland Convoy may have the like commission to command in chief the soldiers in pay there, as has been given the former years. And whereas we have also received from the Lord Bishop of London a great complaint of the ill and scandalous usage that Mr. Jackson, the Minister of St. John's in Newfoundland, hath received from Capt. Powell and Samuel Francis, his first Lieutenant, and of their profligate lives, which is of very ill example to the soldiers and inhabitants of that place, we cannot but represent to your Majesty that one or both of them be removed from their employments there, and succeeded by such as may behave themselves as they ought to do. And whereas Mr. John Thurston has been employed for 3 years past in the business of Newfoundland relating to the soldiers there, which has been a matter of great trouble and some expence, for which he has yet had no reward, we do think he may deserve 100l. in consideration of his said services and expenses, and that an allowance of 40l. per annum be allowed him for the future during the said Agency, the Company there no ways contributing thereto. Signed, Stamford, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. [C.O. 195, 3. pp. 55–62.]
[March 17.] 208. Heads of the [above] Representation upon Newfoundland. In Mr. Popple's handwriting. 1 p. [C.O. 194, 2. No. 65.]
March 17. 209. Col. Quary to the Council of Trade and Plantations. Memorial touching the present state of Virginia.
That H.E. the Governor since his coming to the Government hath very much advanced her Majesty's Revenue is evident, and I hope to your Lordship' great satisfaction sufficiently demonstrated, by the accounts thereof stated and transmitted to your Lordships. He hath from time to time used all the endeavours possible with the Assembly of that Colony to have a house built for the reception of the Governor according to your Lordships' Instructions, as may be seen by his several Speeches and Messages upon that subject in the Assembly Journals, but their continued answer is, that the Country at this time is not in a condition to sustain so great a charge, there being many publick debts and contingent charges to defray and the Capitol still to be built, which requires great and vast expences, and that having no fund to carry on that work, they cannot at present comply therewith.
So that (with submission to your Lordships' better judgment) unless some stricter commands be sent over for that purpose it is not like to be effected this many years. There is all the care imaginable taken to perfect and finish the Revisal of the Laws, which will be done according to your Lordships' Instructions. The publick business is encreased tenfold to what it was, and persons sufficiently qualified as Assistants to carry on and finish that work are much wanted, but care is taken to obtain them and orders to send all the Acts under a separate Seal.
I am also commanded to lay before your Lordships the inconveniences of the Government here. The major part of the Gentlemen of the Council live so remote from the Seat of the Government and over such great Rivers, that it is a great difficulty in getting the Council to meet, which occasions great delay in H.M. business, for the remedying whereof his Excellency in his several letters transmitted to your Lordships, hath proposed three very worthy Gentlemen who live very contiguous to the Seat of the Government, without any River to pass, so that they being added to the Council, it will be more easy to effect the publick concerns of the Government, to which letters I humbly refer your Lordships.
I have not much more to add, but in answer to what your Lordships were pleased to write unto his Excellency concerning the French Protestant Refugees. His Excellency's indefattigable care therein, and the proceedings of the Assembly thereupon may plainly appear to your Lordships, if your Lordships please to inspect the separate Journal of that matter.
The publick Business encreases so fast that it is a very hard matter to get anyone qualifyed to act as Clerk of H.M. Council, or as Attorney General to leave their homes and reside at the Seat of the Government, which indispensably ought to be, the salary now allowed is so very small and inconsiderable. For the remedying whereof H.E. and all the Gentlemen of the Honble. Council have sent an humble proposal, and laid down ways and means to encrease the salary of those places, that they may be supplyed with able and judicious men, who may have their cheif interest and dependance thereupon. And it is further proposed by H.E. as a thing much conducing to H.M. interest and service that whosoever is commissionated Attorney General should be Advocate of H.M. Court of Vice-Admiralty there, it being thought very detrimental to the interest of the Crown, to have them to be two distinct persons. Signed, Robt. Quary. Endorsed, Recd. 16th. Read March 17, 170½. 5¾ pp. [C.O. 5, 1312. No. 28; and 5, 1360. pp. 102–106.]
March 17. 210. Col. Quary to the Council of Trade and Plantations. Memorial upon the state of defence of Virginia.
H.E. the Governor hath and doth take all the care and pains possible to have all the Militia of that Government duly exercised and trained, going himself in person to the several Counties to see the same performed, so that the country is now (as to its Militia, consisting of Horse Dragoons and Foot) put into as good a posture of defence, as it is capable of.
But such is the weak and defenceless condition of the country, the Militia of the whole country not amounting to above eight thousand men, and they so undisciplined and unskillful and in such great want of arms and ammunition proper and fit for action, that not one fourth of the Militia is fit to oppose an enemy, and they too must (if there should be occasion) be drawn from all parts of the country. Besides there are no magazines or stores of war in the country, a considerable part being burnt or destroyed by the late fire—wherein the State house of the country was consumed. Now that this Colony may be the better put into a capacity to defend itself, it is humbly offered that cannon powder is altogether useless for our land forces, because not fit for small arms, neither will it keep. And therefore the best stores of war to be sent to this country would be pistol powder and pistol bullets, which is fit for all manner of service, and some hand mortars and granadoes suitable and fit for them, with Granadeer and Dragoon arms. And to render the same more effectual, it is humbly proposed that his most sacred Majesty be addressed to send two Engineers or Fire-masters well skilled in managing mortar pieces and granadoes and all fire-works for war, and that all materials for that purpose and for making fire-ships may be sent also. The charge of all which may be defrayed out of his Majesty's revenue of Quitt Rents or by tax or by imposition of six pence or more to be laid upon every hhd. of Tobacco, which will not be felt in trade. As to the Land Fortifications, we have not any, what have been heretofore are demolished, neither indeed can they be to the benefit, but rather disadvantage of the country, for Land Fortifications cannot be made sufficient to defend this country from the danger of enemies, privateers or pirates. 1st, Because the country being low towards the sea, rivers and creeks, there are landings where there are no Plantations. So that it will be easy to come upon the backs of those who are to defend the fortifications, and having once possessed themselves thereof to make use of the guns against the country. 2nd, Such fortifications cannot prevent insurrections within, for that it will be easy for conspirators to make themselves masters both of the arms and ammunition when they lye without guard in two or more several places, and besides it would be too much exposed to the danger of frequent and great lightenings to which the country is very subject. 3rd, The country cannot be secured from the attempts of an enemy, nor illegal traders prevented by such fortifications. The rivers being so broad that their guns will not command the channels, the only places fitt for such fortifications are only Point Comfort at the mouth of James River and Tindal Point on York River. But to build and maintain such fortifications will be of greater expence than the country is able to bear, nor will it countervail the cost to be done at H.M. charge. Besides, and which is worthy your Lordships' consideration, we are in the way of all fleets coming through the Gulph from the West Indies, and if any enemy should come upon our coasts, and send seven or eight hundred men in boats they may (considering the large open frontiers the country hath to defend both by sea and land, our land frontiers lying open to the incursions and invasions of the French and Canada Indians, and our Plantations lying scattered and dispersed farr remote from each other) destroy and spoyle all or most of the Plantations upon the rivers and upon both sides of the Bay, they being for the most part single Plantations and lying in large necks, and so inconvenient that should our land Forces be drawn down they cannot march along the river side, to hinder their landing in boats, being intercepted by creeks, boggs and marshes and having no boats to attack them by water must be forced to march four or five, sometimes twelve, miles before we can come to them, in which time they may ruin and destroy all the Plantations and cropps where they come, and if this be done betwixt the latter end of May and the latter end of September, considering the Militia must be raised from all parts of the country, the whole country being thereby put into a hurry, all our cropps will be ruined even in six weeks' time. Again, considering the Militia must be drawn down from all parts of the country to the place assaulted, an insurrection from our own servants and slaves is greatly to be feared, who we doubt will (in case of an invasion) joine with the enemy, and so his most sacred Majesty would sustain vast damage not only by the destruction of one year's cropp, but also by ruining our plantations, destroying the tobacco in its very seed, and consequently the trade and custom of it for divers years to come. From all which it is evident, that the only means to protect and defend this Government must be by a Naval force, which will both strengthen it against insurrection within and enemies and pirates without, and will also be more effectual to detect and prevent illegal traders. It is therefore humbly offered to your Lordships' consideration, that his most Sacred Majesty be addrest to send a squadron or at least five or six men of warr to cruise upon the coast the summer season in the time of warr, which will not only secure this Government but also all H.M. other provinces, territories and dominions in America, defeat the attempts of an enemy, detect and discover illegal traders, awe and terrifie pirates, which very much infest those coasts, and bid fair for some ports held by the French and Spaniards in the West Indies, notwithstanding the many Privateers they have (as we are credibly informed) in a readiness in those parts to lanch forth upon the first notice of a warr. Signed, Robt. Quary, Dionisius Wright. Endorsed, Recd. 16th. Read March 17, 170½. 3¾ pp. [C.O. 5, 1312. No. 29; and 5, 1360. pp. 107–112.]
March 17. 211. Minutes of Council in Assembly of Barbados. Capt. Richd. Gilbert paid 49l. 10s. for the hire of a sloop.
Petition of George Chowne for the hire of his sloop recommended to the Assembly.
20l. paid to Mary Lyte for her good service by the discovery of the late negro plot.
A Bill to secure peaceable possession of slaves, etc., was read the first time and rejected.
William Gallop returned William Grant as a member of Assembly for the parish of St. Joseph, in the room of John Holder, lately gone off the Island. He took the oaths, etc., appointed.
Petition of Capt. Richard Gilbert for the hire of the sloop Amity, impressed in 1691, was recommended to the Assembly.
The Hon. Richard Scott was granted leave to go off the Island for some short time.
Ordered that the Colonels who have not already returned all persons who were deficient upon the last alarm, do forthwith do so.
Letter from Lt. Col. Wm. Fortescue read, giving the reasons for his not attending the Court of Common Pleas for Christchurch as one of the Assistants of that Court.
The President recommended to the Assembly the payment of Capt. Gilbert's account for seamen's wages, and the recompense of Mr. Jonathan Sisson.
The Assembly acquainted the Board that it was their opinion William Grant was not duly returned, for that the writ being directed to a Justice of the Peace not of the Council, was not agreeable to the Act. Upon which matter they invited the consideration of the Board.
The Assembly delivered to this Board a letter signed by the Hon. Patrick Mein, which seemed to relate to some matters of consequence in favour of the Scotch Nation, which being read together with a letter from Col. Cleland from England, upon which the abovesaid letter was grounded, this Board being well satisfied therewith hath ordered an answer thereto to be delivered to the General Assembly.
The Petition of Arthur Slingsby considered. The papers he put in for his claim to the Deputation of the Office of Register not being sufficient, and the Board being satisfied with the holder of the office, the claim was disallowed, until H.M. pleasure be known therein.
March 18. The Assembly attending moved that the Board would give their reasons for throwing out the Bill against the detinue of negroes, etc. The President informed them that it was contrary to a clause in the King's Instructions to re-enact any Bill more than once.
The Board returned Mr. Mein's letter with their opinion:— It plainly appears to us that the design in hand mentioned is no other than a joint endeavour and contribution of some Noblemen and Gentlemen of the Scotch Nation in a legal manner by the help and assistance of the Duke of Queenborough [sic] to obtain of the King and Parliament some relaxation of an Act of Parliament of the 7th and 8th of the King, whereby they are prohibited executing any office of trust in the Law or Treasury in the English Colonies, and we doubt not you will be of the same opinion and clear Mr. Mein of all aspersions, whom we have always found firm to the present Government in England, etc.
The Assembly proposed a Conference upon the election of William Grant. The Council consulted the Attorney and Solicitor General on the point.
March 19. An Act for the further supply of fire-arms and other stores was read three times and passed.
An Act to secure the peaceable possession of slaves, etc., was read the first time and ordered to lie upon the table.
115l. 12s. 6d. paid to Morgan Parris for 39 pieces of green heart for the fortifications of the precincts of St. Michael. [C.O. 31, 6. pp. 176–186.]
March 17. 212. Journal of Assembly of Barbados. John Deire was granted leave to bring in a Bill for his naturalisation.
Two objections were raised to the election of William Grant as Member for the parish of St. Joseph. (1) That the writ was directed to Capt. Gallopp, tho' the Act directs that it be directed to a Councillor, if any in the parish, and George Andrews, a Member of Council, is an inhabitant of the parish. (2) By the said Law the writ should have been issued in 20 days after the death or absence of the former Member.
Letter from Patrick Meine to Robert Stewart, March 9, 1701, read, and ordered to be laid before the President and Council. After referring to private business: I have had two letters from Col. Cl[eland] since I saw you: he advises our writing a joint letter of thanks to the Duke of Q[ueensberry] and to contribute towards the charge of carrying on the business, tho' that very cause has already cost me 20 guineas, I shall not be backward to do what is fitting, but both must be agreed to by others as well as you and I, and there are 14 Colonies in America besides this where our Countrymen are considerable enough to have a concern with us.
Ordered that the copies of the Act for the encouragement of Privateers be delivered to Edward Cordwent, mercht., who is desired forthwith to send them to Pennsilvania or New York to be printed, and 500 (when printed) to be dispersed to the Northern parts of America, and 100 remitted here. The charge to be paid out of the Publique Treasury.
Further consideration about sending for field-pieces ordered.
Ordered that the additional charges in Capt. Gilbert's account be allowed.
Ordered that Mr. Sisson be presented with 20l.
Mr. Thomas Hodges' correspondence referred to a Committee to prepare a reply.
Act for the further supply of fire-arms and other stores was read and passed.
Ordered that Wm. Holder examine the Agents' accounts.
And see preceding abstract under date.
March 18. See preceding abstract under date.
A new Bill to secure the possession of slaves, etc., was read and passed.
Letter to Patrick Mein, London, Nov. 7, 1701 [? from Col. Cleland], entered:—"We are now pushing this matter in relation to the Act of the 7th and 8th of the King. All our countrymen here have entered into it, and resolve to bring it first before the King and then before the Parliament of England, and have that Act explained, so that we who live in England and the Plantations may be at a certainty whether we have the liberty of English-born subjects or no, and we design to go through with it even to the Parliament of Scotland. I have been often with the D. of Queensberry, who has hitherto done us all the service imaginable, and in some measure put a stop to their career, and will go on with all his interest. I was t'other day with the Secretary, some Scotch noblemen and about thirty gentlemen of good estates, who live in England, and we unanimously resolved to concur, and since that several others join with us. I have given in a petition and a memorial to the King, and we are now drawing another memorial and a state of the case, so that this winter will bring this matter to an issue. There are a great many both great and good men are become parties to us. What we design is for the good of the country we live in, as for our own. I hope all our friends in the West Indies will contribute according to their several degrees towards defraying the charge. There is an indispensable necessity for putting this matter to the push. Col. Hamilton, Governor of Jersey, is objected against because of the aforesaid Act, being a Scotchman, and notwithstanding that the Lords Justices and Council of Trade know that the Attorney and Solicitor General in Skeen's case have given their opinion, and the King a judgment in full Council, yet it hangs before them, and they say other great lawyers are of another opinion, and my Lord C. J. Holt in another case now before the Court of Appeals for a seizure made of one Cunningham's ship, he being a Scotchman, declared that the Act was against them, and so did the now Attorney General Northey, and put off the trial to a day, the thing as they said being of the last consequence to England and Scotland. Before the trial was to come on, I went to my Lord D. of Queensberry with some reasons upon the Act, and that he might apply to the Lords Justices and the Lord C. J. to inform himself what they intended in the matter, and to get the trial delayed rather than a rash judgment should be given upon the Act, which has been done. So that now we are in little fear, the K. being come home and such a confederacy made, but that the matter will end to all our satisfactions. This account I have also given to Mr. Stewart, and we expect you will all write a joint letter of thanks to the D. of Q., and send home your pence to carry on the cause." [See preceding, under March 18.] [C.O. 31, 6. pp. 455–461.]
March 17. 213. Minutes of Council of New York. The Governor having received a petition from Col. Bayard, his honour did declare, with the concurrence of the Council, that he by his petition does not only demand a reprieve as a matter of right, but arraigns the proceedings of this Board, and of the Court which tried him.
March 18. Upon further consideration of the petition of Col. Caleb Heathcote for a confirmation of lands in Westchester County, and that the same might be erected into a Manor, it was alledged that Capt. James Mott hath reasons to offer against it. Ordered that Mott appear on Friday next, and give in his reasons, and that on default of his appearance the patent issue.
The Memorial of the Officers in Fort William Henry read. Ordered that Capt. Walters prepare four pair of sheets, eight pillow bears and six towels for them, and bring in his account of the charge thereof.
Petition of Isaac Deriemer, John Evants, and John Plevier read, praying a licence to purchase vacant lands in the County of Suffolk called Half Hill, about three miles long and two miles broad, close by the town of Huntingdon, from the native Indian Proprietors, and granted, provided the same be made before a J.P. of the County, and returned into Council within 12 months.
March 19. On information from the Corporation of Kingston in Ulster County that several persons have taken upon themselves the execution of the offices of Trustees and officers of the said Corporation, without being sworn as the Law requires, the Council do think fit to caution the said persons in the premisses, for that they either do or may incur a præmunire by so doing.
Jacob Balck, an alien, appeared and prayed that he might be admitted to take the oaths appointed by Act of Parliament to be taken instead of the oaths of Allegiance and Supremacy and to subscribe the Test and Association, which was done. [C.O. 5, 1184. pp. 632–634.]
March 18.
214. Order of Queen in Council. Approving the Representation of March 5, and ordering that passage be provided for Governor Crowe on board one of H.M. ships of war, and 150 tons of shipping to carry his household goods. The Lord High Admiral to give the necessary directions. Signed, John Povey. Endorsed, Recd. March 30. Read April 24, 1702. ¾ p. [C.O. 28, 6. No. 45; and 29, 7. p. 518.]
March 18.
St. James's.
215. Order of Queen in Council. Approving the Representation of March 5 upon Gov. Crowe's Instructions, and ordering the Earl of Manchester to cause the same to be prepared for Her Majesty's signature. Signed, John Povey. Endorsed, Recd. March 30. Read April 24, 1702. 1 p. [C.O. 28, 6. No. 44; and 29, 7. p. 519.]
March 18.
216. Order of Queen in Council. Referring enclosed memorial to the Council of Trade and Plantations for their consideration and report. Signed, John Povey. Endorsed, Recd. 20. Read March 24, 170[½].¾ p. Enclosed,
216. i. Joseph Dudley to the King. The Provinces of the Massachusetts Bay and New Hampshire lie exposed to the danger of an enemy upon a long coast of 300 miles, and on the back in open and undefensible villages near the same in length without any supply of forces from your Majesty, and much nearer to the French and Indian enemy than the Province of New York where Your Majesty has 400 men in garrison. It is therefore humbly proposed that one of those companies be removed from New York and disposed within the said two Provinces for their better security and defence. No signature or date. Copy. 1 p. [C.O. 5, 862. Nos. 103, 103.i.; and 5, 910. pp. 191, 192.]
March 18.
St. James's.
217. Order of Queen in Council. Approving the Representation of March 5, as to Col. Dudley's Instructions, etc., and directing the Earl of Manchester, Principal Secretary of State to cause them to be prepared for Her Majesty's signature. Signed, John Povey. Endorsed, Recd. 11th, Read Sept. 15, 1702. 1 p. [C.O. 5, 862. No. 102; and 5, 910. p. 253.]
March 18. 218. Minutes of Council of the Massachusetts Bay. Ordered that for the present security of the public store of powder it be dispersed and lodged in several places; vizt. in Capt. Benjamin Davis, his out brickhouse, in Mr. Arthur Mason's granary in Boston, and in Col. Phillips' storehouse in Charlestown, other than what is necessary to be kept at the fortifications.
Committee appointed to purchase 100 barrels of powder.
Letter ordered to be written to the Government of Connecticott to acquaint them that Instruments are provided for the taking observation in order to find out and running of the line betwixt this Government and that, and that 'tis proposed to proceed in that work, in May, and to desire them to appoint one or more artists on their part to repair hither by the latter end of April to prove the instruments and join in the work.
Upon the Petition of Samuel Shrimpton and Epaphras Shrimpton of Boston, Merchants, Capt. Samuel Legg, and Capt. William Clarke, Merchts., and Capt. Foye, Mariner, were appointed to appraise what was saved from the Weymouth wreckt to pieces upon the sands of the Island of Nantuckett.
657l. 6s. paid to Mr. James Taylor for disbursement for stores for the Forts and Province galley, Nov. 5, 1701—Feb. 21, 1702.
Warrants signed for payment of the Judges' salaries and several sums ordered by the Assembly in February. [C.O. 5, 788. pp. 124–127.]
March 18. 219. Circular letter from the Council of Trade and Plantations to H.M. Governors in America. Enclosing an order from the Lords of the Privy Council [see March 11] notifying the death "of our late gracious Sovereign of ever blessed Memory, and directing you to proclaim the High and Mighty Princess Anne Queen of England, Scotland, France and Ireland, and of all the Dominions thereunto belonging, etc." We do earnestly recommend to you that you proceed without loss of time in the execution of those orders, and that H.M. be accordingly proclaimed in the most solemn manner, and most proper parts of your Government. You are upon this occasion to assure all her Majesty's subjects under your government of H.M. especial care and protection, and to exhort them to do on their parts what is necessary for their security and defence in the present conjuncture. And you are to return a speedy account of your proceedings herein. You will receive a warrant empowering you to continue the use of the Public Seal. Signed, Stamford, Lexington, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior. Enclosed,
219. i. Printed Copy of H.M. Declaration at her first sitting in her Privy Council, March 8, 1701. 1 p.
219. ii. Printed Copy of H.M. Proclamation for continuing all officers, etc. St. James', March 9, 1701. 1 p.
219. iii. Printed Copy of the Address of the House of Lords to H.M., March 8, 1701, with H.M. Reply. 2 pp.
219. iv. Mentioned as enclosed but not given here: Address of the House of Commons and H.M. Speech to both House of Parliament. [C.O. 324, 8. pp. 80, 81.]
March 19.
220. Circular letter from the Council of Trade and Plantation to the several Proprieties in America to proclaim the Queen Upon the sad occassion of the death of his late Majesty King William of blessed memory, and the happy accession of the high and mighty Princess Anne to the throne of her royall ancestors we send you inclosed the Order of her Majesty's most Honourable Privy Councill, that you may take care that her Majesty Queen Anne be accordingly proclaimed Queen of England, Scotland France and Ireland, and of all the Dominions thereunto belonging in the most solemn manner and most proper parts of her Majesty's Province of —, and you are upon this occasion to assure all her Majesty's subjects in the said —, of her Majesty's especial care and protection, and to exhort them to doe on their parts what is necessary for their security and defence in the present conjuncture; and you are to returne a speedy account of your proceedings herein. Signed, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior, Stamford, Lexington, Ph. Meadows. [C.O. 5, 1289. p. 388; and 5, 289. pp. 86, 88.]
March 19. 221. Journal of House of Delegates of Maryland. The Act for religious worship, sent out of England, was referred to the Committee of Laws to compare with the Act for Religion of this Province.
Proposed by a Member the great ill-conveniency for encouraging of vice by too frequent horse-racing on Saturdays, whether it be not necessary to make a Law for suppressing the same on Saturdays Recommended to the Committee of Laws to prepare a Bill with some mulkt, etc.
Message sent up to H.E. and Council that, as regards the 14d. per tun, this House have made strict search and enquiry into the original Law and some Journals of Assembly for discovery of the same, and what discovery is made this House recommends to your Excellency for perusal.
Bill for conveying Jurors to Provincial Courts from the Eastern Shore, read first and second time and committed for amendment; Bills for relief of Kent and Calvert Counties and for Needle about Mann's testament (i.e. to confirm Edward Mann's will) read the first and second time.
Bill prohibiting horse-racing on Saturdays read the first tim and committed for amendment.
Petition of Richard Bishop jr. of Talbot County read. Petitioner referred to the Common Law for relief.
Bill for the naturalization of Hermanus Schee and others, sent down, was read the first and second times.
Ordinance relating to sailors, sent down, was concurred with:– Whereas in the late Act for regulating ordinaries there was good, beneficial clause enacting that no Ordinary Keeper should credit any sailor belonging to any merchant's ship for more than 20s. during their stay here for the time of one voyage, which clause is omitted in the present Law, but for that daily experience shows the absolute necessity of such a clause to restrain the ordinaries from harbouring such sailers to the great prejudice of the owners and masters of vessels, it is ordained by H.M. honourable Council and the Delegates of this General Assembly that no Ordinary Keeper do harbour or entertain such sailers to the neglect of their service under the pain and penalty of being suspended from keeping such ordinary, and that no ordinary keeper shall credit any such sailor for more than 5s. during any one voyage under the penalty of losing his debt and being fined to our Lord the King 5l. sterl., whereof ½ to the informer, the other ½ to the Vestry of the Parish where such ordinary's kept.
Petition of the inhabitants of Prince George's County read and referred till to-morrow.
Bill for relief of Kent and Calvert Counties read the second (sic) time and sent up.
Bill confirming the writing to be Mann's testament read twice and sent up.
Bill for Religious Worship brought in.
March 20. Bill to direct the payment of rents for orphans' lands ordered to be prepared.
Bills for relief of Kent, etc., and confirming Mann's testament sent down read.
Petition of Thomas Reynolds and others on behalf of themselves and the rest of the Sherrifs, etc., praying longer time to continue in office, rejected.
The proposed Bill for Religious Worship, etc., read. Voted whether the same pass as it came from England or that it be amended, carried in the affirmative (sic). Ordered the blanks be filled up, and that it be thus endorsed. Resolved that it pass without any amendment.
Representation of Sir Thomas Laurence, H.M. Secretary, relating to Ordinary Keepers and for preventing contests, read. Resolved that for determining contests that may arise, he be referred to the Laws in such cases already provided.
Petition of Prince George's County, for a bridge to be built over the Western branch of Pattuxent River at the public charge, granted.
Bills for relief of Kent and Calvert Counties, and for confirming Mann's testament sent to be engrossed.
Bill against horse-racing on Saturdays read the first and second times and sent up, together with the Bill for Religious Worship, etc.
Bill prohibiting the abuses committed by wood-rangers read the first time.
Bill for Religious Worship, sent down passed, was ordered to be engrossed.
The paragraph in H.E.'s Speech relating to a contribution to New York was read and referred till to-morrow.
Message from H.E.:—"I have solicited H.M. for leave to go home for the recovery of my health, which he has been graciously pleased to grant, and in order to it I have some thought of going this summer. Therefore, if I can be of any signal service there, I will do it with the same alacrity and honesty I have demonstrated to you here, and as I came into the Province unprejudiced, so I solemnly declare I shall leave it without the least ill impression as (sic) any person whatsoever."
March 21. The House of Delegates replied:— "We return your Excellency our humble thanks for so freely communicating to us your design for going to England, but are most heartily sorry you find any uneasiness amongst us which should give you cause to desire to be removed from a people to whom by your constant endeavour, candour and integrity prudence and discreet management of affairs, you have given a complete and entire satisfaction, which in behalf of this Province in general and of every individual person in our House in particular, we gratefully acknowledge. And pray God to bless you and your good Lady, who also has been an eminent example of religion and virtue, and particularly we pray God to bless your hopeful children, born amongst us, to be an honour to their native country, for which children's sake we hope your Excellency will when in England bear a true respect to this Province. If any business arises from this Sessions towards England, we shall desire your Excellency's favour, and that you will commend our duty and loyalty to our gracious Sovereign, whom God preserve."
Bill for conveying Jurors rejected.
Petition of John Hawkins of Charles County read. Ordered that he be allowed 800lb. of tobacco.
Major William Barton's petition read. Resolved that the imprisonment fees for a servant boy be paid by the County, and that he produce his account to this House proved of the Indians' fees, which being delivered into this House was regulated and allowed 5,000lb. tobacco in full for the same.
Proposed that Mr. Bladen be desired to attend this House on Monday morning and bring with him the erratas of the Laws that the same may be debated, pursuant to a reference last Sessions.
Message from H.E.:— "I take your kind sentiments of me with a great satisfaction," etc.
Bill prohibiting wood-rangers, etc., sent up, and returned passed.
Mr. Thomas Beale having been made an allowance and the Treasurer, Robert Mason, having died before the money was paid, a Committee was ordered to inspect his accounts.
H.E. Speech and H.M. Letter for a supply of money for building a fort in the Government of New York debated. Resolved, that 300l. sterl. be remitted for that purpose, and ordered that it be signified to H.E. by message.
Major Walter Smith, indisposed, given leave to go home. [C.O. 5, 744. pp. 254–266.]
March 19. 222. Minutes of Council in Assembly of Maryland. H.E. acquainted the Board that there were two runaways, belonging to Mr. Tellet and Mr. Syncock of Virginia, committed to the custody of John Carvill, Sherriff of Cœcill County, whereof one escaped from Carvill by reason of his negligence and the other he had compelled to work whilst in his custody, Mr. Carvill, being called in, alleged that he had no good service from the servant, he having had an ague for a long time. Whereupon this Board being desirous to approve themselves good neighbours to the Colony of Virginia in shewing their readiness to do them justice upon any application, do not think it reasonable that the Sherrif should have 20lb. tobacco per diem for the confinement of Mr. Tellet's servant, in respect he employed him great part of the time in his own service, but that 1,000lb. tobacco is sufficient to satisfy him for securing that servant. As for Mr. Syncock's, he being escaped, this Board at present do not think fit to intermeddle therewith.
Bills for the relief of Kent and Calvert Counties and confirming the will of Edward Man, sent up, were read the first time.
The Betty Galley, Capt. Edward Brisco, laden with tobacco and bound for England, being but very weakly manned and thereby disabled from prosecuting her voyage, the Council advised that H.E. do order Capt. Bostock to supply him with two able sailors from on board H.M. advice-boat Eagle, and that he press two other men in their stead, where they may be best spared.
March 20. It being represented on behalf of the Vestry of St. James' Parish in Ann Arundell County that whereas Mr. Henry Hall, the present incumbent, upon his being appointed to the said Parish had by the Vestry paid unto him a considerable sum of tobacco of the 40lb. per poll, which had been raised before his appointment, he promising to refund the same in case the Governor and Council should adjudge it not to belong to him, and the Board being of opinion that all tobacco raised by the 40lb. per poll whilst no incumbent in the Parish is not the right of any Minister, but ought to be applied by the Vestry for the use of the Parish, ordered accordingly. Petition of several Sherrifs with their reasons offered for their longer continuance in office than three years, now by Law limited, read and approved of, and ordered to be recommended to the House.
Letter of the Council of Trade, Aug. 14, 1701, with the Lord Justices' Order for a separate jack for privateers, read. No such Commission having been granted in this Province, when any are, care shall be taken accordingly.
Letter of the Council of Trade, Aug. 20, 1701. The Board represented the following persons to supply vacancies in the Council; Lt.-Col. Thomas Smithson, Kenelm Cheseldyne, Lt.-Col. Thomas Smith, Col. Thomas Ennals, William Coursey, Jno. Hall, Seth Biggs, Capt. Philip Hoskins, Major Walter Smith, William Hutchison, Samuel Young, and William Harris, who have been long livers in the country, are men of good estates, experienced and well affected to H.M. and this Government. As to the clause relating to the Governor and Members of Council who sit in the Court of Chancery, H.E. and the Members of Council present had administered unto them the usual oaths taken by the Judges of that Court.
Bill for Religious Worship, sent up, was read a second time.
Bill prohibiting horse-races on Saturday was read and agreed to pass, and sent down.
H.E. communicated H.M.'s leave for him to return to England for recovery of his health. All the Council expressed their concern for H.E.'s departure, under whose Government H.M. subjects here have been so easy that they can never hope for a better treatment from any other.
And see preceding abstract.
March 21. The Council presented an Address of Thanks and good Wishes to H.E., who replied.
It having been resolved to propose to the Delegates to amend the Act of Assembly for regulating the Militia, and this Board finding by the message of the House that they conceive themselves to be in a very good state of defence, and averse from altering the Law, refer the said proposal to the next Assembly.
Bill prohibiting the abuses committed by wood-rangers read at the Board and amended.
And see preceding abstract. [C.O. 5, 744. pp. 109–129.]
March 20.
223. William Popple to Doctor Newton, Advocate to the Lord High Admiral. The Council of Trade and Plantations having had information that How and Churchill, two persons convicted here with Kidd, were arrived in Pennsylvania and had there taken up severall sums of money which was formerly buried in the woods, and are now much caressed by the people of that Province; their Lordships command me to desire you to inform them, whether the said How and Churchill were pardoned here, or by what other means they came to have their liberty. [C.O. 5, 1289. p. 389.]
March 20.
224. Council of Trade and Plantations to Governour Viscount Cornbury. Whereas your Lordship is commissionated to take upon you the command of the Militia of East and West New Jersey and to be Vice-Admiral of the same, and those Colonies having been and continuing to be without any settled Government, your Lordship is to cause the High and Mighty Princess Anne to be proclaimed Queen of England, Scotland, France and Ireland, and of all the Dominions thereunto belonging, etc., in the most solemn manner, and most proper places of these Colonies, to the end there may be no failure there in the speedy acknowledging her Majesty's title and authority. And for your information we further send you H.M. Declaration at her first sitting in her Privy Council, H.M. Proclamation for continuing all officers, etc., the Address of the House of Lords to her Majesty, the Address of the House of Commons to her Majesty, and her Majesty's Speech to both Houses of Parliament. You are upon this occasion to assure all her Majesty's subjects in those Colonies of Her Majesty's especial care and Protection, and to exhort them to do on their parts what is necessary for their security and defence in the present conjuncture. And you are to return a speedy account of your proceedings herein. Signed, Stamford, Lexington. Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. Mem. A letter from the Lords of the Privy Council to the Lord Cornbury of the same purport with this was herein enclosed. [C.O. 5, 1119. pp. 79, 80.]
March 20.
225. Council of Trade and Plantations to Gov. Dudley. Upon the Petition of Mr. John Usher that we should recommend to you the examination of the state of his accounts with the Government of the Massachusets Bay, pursuant to the Orders of Councill that have been formerly made upon that subject; we send you here enclosed a copy of his said Petition, as also of the Order of Councill therein mentioned, dated the 12th of October, 1691 [see Cal. A. & W.I., 1691, No. 1826], and of a Letter from the Lords of the Councill to the Governour of that Colony dated 26 March 1694 [see Cal. A. & W.I., 1694, No. 985], from all which you will understand what has been required and accordingly be enabled to give us an account of your proceedings herein. Signed, Stamford, Lexington, Wm. Blathwayt, John Pollexfen, Math. Prior. [C.O. 5, 910. pp. 188, 189.]
March 20.
226. Journal of Council of Trade and Plantations. Letter ordered to be writ to Mr. Dockwra to bring to the Board the Surrender of the Proprietors of East New Jersey, and to Mr. Morris to bring that of the Proprietors of West New Jersey, in order to such further steps as may then seem expedient.
Ordered that a Representation be prepared to lay before H.M. such Acts of Barbadoes as have not yet been reported upon.
Letter to Col. Dudley, upon Mr. Usher's petition relating to his accompts as Treasurer of the Massachusets Bay, signed.
Letter to the Lord Cornbury signed. [C.O. 391, 14. pp. 362, 363; and 391, 96. No. 49.]