America and West Indies: March 1702, 21-25

Pages 153-170

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 21.
227. Henry Newton to [? William Popple]. In answer to the demand of the Lords Commissioners for Trade and Plantations, March 20, I have perused the register of the Admiraltye, and doe find that How and Churchill were convicted of piracy in May, 1701, and that the late King did by his warrant, June 28 after, order them to be put in the next General Pardon, and that they should give bayle to plead the pardon on the 9th of July, at the next General Sessions of the Admiralty. Their names were inserted in the general Newgate pardon, Aug. 28, but it does not appear by the Register that the pardon was ever pleaded by them. Signed, Hen. Newton. Endorsed, Recd. 23rd. Read March 24, 170½ . ¾ p. [C.O. 5, 1261. No. 55; and 5, 1289. pp. 390, 391.]
March 21.
228. William Popple, jr., to the President and Council of Barbados. Enclosing packets to be forwarded to the Governors of the Leeward Islands and Jamaica, and to give notice to the Council of Trade and Plantations in what manner you do send them. [C.O. 29, 7. p. 488.]
March 21.
St. James's.
229. Lords Proprietors of the Bahama Islands to the Council of Trade and Plantations. We have dispatched the letter from the Lords of the Council for proclaiming the Queen with all necessary directions. Signed, J. Granville, Palatine; Berkeley, Craven, J. Granville for Lord Carteret, M. Ashley, Jo. Colleton. Endorsed, Recd. 23rd. Read March 24, 170½. 1 p. [C.O. 5, 1261. No. 56; and 5, 1289. p. 392; and 5, 289. p. 90.]
March 21.
St. James's.
230. Lords Proprietors of Carolina to the Council of Trade and Plantations. We have forwarded the letter of the Lords of Council for proclaiming the Queen, with all necessary directions. Signed, J. Granville, Palatine; Craven, J. Granville for Lord Carteret, M. Ashley, Jo. Colleton. Endorsed, Recd. 23rd. Read March 24, 170½. 1 p. [C.O. 5, 1261. No. 57; and 5, 1289. p. 393; and 5, 289. p. 88.]
March 21.
St. James's.
231. Lords Proprietors of Carolina to [? the Governor of Carolina]. Enclosing Order of the Lords of H.M. Council [see March 11], and giving directions accordingly. Signed, J. Granville, Palatine; J. Granville for Lord Carteret, M. Ashley. [C.O. 5, 289. p. 87.]
March 21.
St. James's.
232. Lords Proprietors of the Bahama Islands to [? the Governor of the Bahamas] enclosing Order of the Lords of Council [see March 11], and giving directions accordingly. Signed, J. Granville, Palatine; Berkeley, J. Granville for Lord Carteret, M. Ashley. [C.O. 5, 289. p. 87.]
March 21.
233. William Popple to Mr. Dockwra and Mr. Morris. The Council of Trade and Plantations understanding that the Proprietors of East and West New Jersey have signed the surrender prepared by Mr. Attorney Generall, and that it is in your hands, they have commanded me to desire you to bring it to them in order to such further steps as may then seem expedient. [C.O. 5, 1289. p. 390.]
March 21.
234. William Popple, junr., to Josias Burchet. Enclosing packetts, containing circular letters, etc., of March 11 and 20, to be forwarded by the men of war now going to Virginia and Barbados. [C.O. 324, 8. pp. 84, 85.]
March 21. 235. Wm. Popple, junr., to the President and Council of the Massachusetts Bay. Enclosing packets to be forwarded to Bermuda, New Hampshire and Rhode Island. [C.O. 5, 910. p. 190.]
March 21. 236. William Popple, junr., to Governor Nicholson. Enclosing packets to be forwarded to the Governours of Maryland, New York and New England. [C.O. 5, 1360. pp. 112, 113.]
March 21.
237. Governor Nicholson to the Council of Trade and Plantations. I writ to your Lordships April 25 (? 23), but it being by a single ship and in the winter, I enclose a duplicate. I was in hopes to have had all the gentlemen of H.M. honourable Council here on the 11th inst. Col. Byrd and Col. Harrison made their excuses. I hear that Col. Carter's Lady was brought to bed about the same time. I suppose bad weather hindered Col. Scarborough and Col. Custis from coming over the Bay. I cannot now expect a full meeting of the Council till our General Court. I was also in hopes to have had Addresses both from the Militia Officers and Justices of the several Counties, but it hath been of late bad weather, both with winds and rain. I desire that your Lordships will please to give directions about the Addresses. By the next opportunity I hope I shall have the honor to send your Lordships those from the rest of the Countys, as likewise one from the revd. the Clergy, which I have ordered to meet here April 27, for they being to come from all parts of the Government, could not well before, considering the season of the year. I enclose proceedings of Council, March 11 and 12. H.M. honorable Council and myself found it absolutely necessary to appoint a Clark of the Council; but I acquainted the Council and the Clark that he must not depend upon it till I have received your Lordships' commands therein. I have received a letter from Governor Blakiston, who writes me that he intends to be here the latter end of this moneth, wch. makes me forbear going thither, as I designed, for fear of missing him. And I design, God willing, to see next week the Militia of the Isle of Wight, Nanzemond, Norfolk, Princess Ann and Elizabeth City County. And I am in hopes to hear by Governor Blakiston of my Lord Cornbury's arrival at N. Yorke, or some later news than I have received from those parts.
Not having received any commands from your Lordships, and we finding no absolute necessity for the Assembly's meeting at this unseasonable time of the year, we prorogued it to April 23, the latter end of our General Court. I enclose an account of the French Refugees. On the 5th and 6th inst. I was up at their settlement, and gave the necessary directions concerning them, and left the Surveyors laying out their whole Tract of land, as likewise each man's particular lot, which I hope will be finished to be laid before us at the next General Court. I begin now to be in hopes of having the honor and good fortune of receiving your Lordships' commands concerning what I writ and sent to your Lordships by Col. Quary and Mr. Wright. I thank God we are all in peace and quietness, and hope we shall so continue. Signed, Fr. Nicholson. Endorsed, Recd. May 29. Read July 22, 1702. 1½ large pp. Enclosed,
237. i. Loyal Address of the Governor and Council of Virginia to the King. We do exceedingly resent the attempt made upon our Religion, Laws and Liberties by the late unaccomtable action of the French King in owning and declaring the pretended Prince of Wales to be King of England, etc. Royal College of William and Mary, March 12, 170½. Signed, Fr. Nicholson, E. Jenings, J. Lightfoot, James Blair, Matthew Page. 1 p. Endorsed as preceding.
237. ii. Similar Loyal Address of the Justices of the Peace and Officers of the Court for James City County, Virginia. James City, March 27, 1702. Signed, Tho. Mountfortt, Sherriff, C. C. Thacher, Clerk, Otho. Cobbs, Sub-Sheriff, Joseph Mountfortt, Sub-Sheriff, Wm. Aylett, Dep. Clerk, Philip Lightfoot, Hen. Duke, J. Harrison, Henry Soane, J. Geddes, Phill. Ludwell, Michael Sherman, James Bray, Tho. Cowles, Hugh Norvell, Wm. Edwards, John Frayser. 1 p.
237. iii. Similar Loyal Address of the Militia Officers of James City County. James City, March 27, 1702. Signed, David Bray, Alex. Walker, jr., Wm. Hartwell, Joseph Mountfortt, Rich. Wood, Hugh Norvell, William Browne, jr., Benj. Goodrich, Wm. Broadribb, Fran. Dancij, James Harrison, Ben. Eggleston, Lanslett Woodward, Jos. Egglistone, Phil. Ludwell, Hen. Duke, Michael Sherman, Tho. Cowles, Henry Duke, jr., Tho. Mountfortt, Jo. Geddes, John Frayser, Henry Soane, jr., Edward Ross, Edward Jaquelin. 1 p.
237. iv. Similar Address of the Justices and Officers, Military and Civil, of Lancaster County, Va., March 5, 170½. Signed, Military Officers : Robt. Carter, Col., Joseph Ball, Lt.-Col., W. Lister, Major, Henry Fleet and William Ball, Capts. of Horse, Tho. Pinckard, Capt. of Dragoons, William Hoare, Capt. of Foot, Samuel Fox, Capt. of Foot, Richard Ball, Capt. of Dragoons, James Ball and Jno. Pinckard, Lieuts. of Horse, John Heale, Henry Lawson, Lieuts. of Dragoons, John Hutchins, Tho. Barker, jr., Lieuts. of Foot, Edwin Conway, Jos. Heale, Cornets of Horse, Joseph Ball, Fawley Chinn, Ensign of Foot, Geo. Harward, Cornett of Dragoons, John Brown, Ensign of Foot. Justices of Peace : David Fox, Joseph Ball, Henry Fleet, W. Lister, William Ball, William Fox, Jn. Pinckard, Tho. Marrin, Richard Ball, Tho. Pinckard, John Turbervile. Civil Officers : Tho. Pinckard, John Turbervile. Civil Officers : J. Swann, Sherriff, Richd. Chichester, Col., Joseph Tayloe, Clerk, Fortunatus Sydner, Sub-Sheriff. 1 p.
237. v. Similar Address of the Magistrates and Officers, Civil and Military, of Northumberland County. March 19, 170½. Lieuts., Cornets and Ensigns : John Cocherill, Rich. Lattimore, Jno. Steplo, Jno. Hughlet, Joseph Holt, Richd. Spann, Tho. Webb, Jno. Hobson, Wm. Winder, John Laurence, Vincent Garner, Thomas Downing, Tho. Hughlet, John Haynie, John Graham, Tho. Shapleigh, Edmund Bascey, John Webb, Henry Dowson, Richd. Hervey, Mauris Jones, Robert Carter, Geo. Cooper, Lt. Col., Rodham Kenner, Major, Peter Hack, Thomas Winder, Leonard Howson, John Howson, Edward Sanders, Rich. Haynie and Christopher Neale, Capts., Jno. Crabbe, Peter Prisley, Phillip Shapleigh. Justices : George Cooper, Rodham Kenner, Peter Hack, Thomas Winder, Leonard Howson, John Howson, Jno. Harris, Christopher Neale, Jno. Crabbe, Peter Coutanceau, James Waddy, Tho. Hobson, Clerk, John Farniefold, Minister. 1 p.
237. vi. Similar Address of the Magistrates, Officers and Inhabitants of King and Queen County. "We do unanimously resolve to the utmost of our capacities and abilities to venter our lives and fortunes in defence of Your Majesty's just right to this your great Colony and Dominion." Signed, Wm. Leigh, Col., Richard Gregory, Capt., Henry Fox, Tho. Paullin, Major, John Walker, Capt., Wm. Bird, James Taylor, Capt., Henry Madison, Justices. William Jones, Capt., W. Claiborne, Capt., John Leigh, Capt., Geo. Braxton, Capt., Tho. West, Capt., Tho. Pettit, Capt., Tho. Spencer, Capt., John Wyatt, Lieut., Robt. Bird, Lieut., Rich. Wyatt, Lieut., Tho. Perry, Lt., Richard Roy, Lieut., Law. Orrill, Lieut., Wm. Orrill, Lieut., Sam. Cradock, Lieut., Robt. Farish, Lieut., James Wood, Lieut., James Ferrgrson, Lieut., John Fox, Lieut., Robert Napier, Lieut., William Collins, Cornet, Daniel Miels, Cornet, Tho. Duson, Cornet, T. Walker, Cornet, Frances Griggs, Cornet, John Collier, Ensign, John Giles, Ensign, Saml. Norment, William Lacon, Cornet, Abraham Willson, Cornet, John Sholl (?), Ensign, John Richards, Cornet, Francis Hill, Cornet, John Downer, Ensign, John Waller, Sherriff, Tho. Withy, Dep. Sheriff, John Pigg, Tho. Claiborne, Richd. Johns, John Dunkley, Samll. Clayton, Wm. Roy, Samuel Hinton, Robert Johns, Arthur Johns. 1 large p.
237. vii. Similar Address of the Magistrates and Militia Officers of Surrey County. Signed, Tho. Lane, William Foster, Wm. Lucus, Phillip Shelley, Will. Rose, Wm. Cocke, Thomas Drew, Wm. Gray, Wm. Gray, Tho. Flood, Robt. Lancaster, Benja. Harrison, Wm. Browne, Tho. Holt, Nath. Harrison. 1 p.
237. viii. Similar Address of the Magistrates and Militia Officers of Elizabeth City County. Wm. Wilson, Lt.-Col., Anthony Armistead, Major, Wm. Armistead, Capt. Horse, George Waffe, Capt. Dragoons, Augustine More, Capt. Foot, Henry Royal, Lt. of Horse, Robt. Taylor, Lt. Dragoons, John Tabb, Lt. Foot, Cha. Jenings, Cornet, Horse, Richard Street, Ensign, Dragoons, John Cooper, Ensign, Foot, Coleman Brough, Sheriff, Wm. Wilson, Anthony Armistead, Pasco Curle, William Lowry, Augustine More, Walter Bayley, Nich. Curle. 1 p.
237. ix. Similar Address of the Magistrates and Militia Officers of Nansemond County. Signed, Geo. Norsworthy, Tho. Swann, Luke Haveild, Fra. Milner, Tho. Milner, Charles Drury, Jno. Speire, William Hunter, Wm. Wright, Hen. Jenkins, James Lockhart, Daniel Sullivan, John Pitt, Jos. Wright, Edward Streeter, Thomas Drury, James Speire, Wm. King, Jonas Holladay, Nicholas Hunton, James Jossy, Michael King, William Speir, John Iles, Isaac Shephard, Jos. Meredeth, Henry Hill, William Staples, Nicholas Stallings, Will. Drury, John Drury, Hen. King. 1 p.
237. x. Similar Address of Governor and Council of Virginia. Duplicate of i. 1 p.
237. xi. Similar Address of the Magistrates of Isle of Wight County. March 10, 170½. Signed, Hen. Applewhaite, Saml. Bridger, Tho. Giles, Antho. Holladay, Arthur Smith, Hum. Marshall, Tho. Pittitt, Wm. Bridger, Hen. Applewhaite, jr., Cha. Chapman, Clerk of the County Court. 1 p.
237. xii. Similar Address of the Militia Officers of Isle of Wight County. Signed, Hum. Marshall, Ar. Smith, Wm. Bridger, John Davis, Jos. Bridger, James Webb, Jos. Godwin, Hen. Applewaite, jr., Richd. Exum, Robt. Kea (Capts.). Richard Wilkisson, jr., Thomas Harris, Peter Debury, Henry Pitt, Jno. Mackmiall, George Green, Wm. Applewhite, John Brian, Arther Jones, Lieuts. Tho. Clarke, Jno. Penny, Jno. Sojourner, Jeremiah Prockter, Nicholas Smith, William Williames, Wm. Kinching, George Williams, John Lawrence, Tho. Kardy, Cornets. 1 p.
237. xiii. Similar Address of the Magistrates of Middlesex County. Signed, [Sir] William Skipwith, Mat. Kemp, Gawin Corbin, Francis Weekes, Henry Thacker, John Smith, Harry Beverley, John Grymes, Tobias Mickleborough. 1 p.
237. xiv. Similar Address of Militia Officers of Warwick County. Signed, Emanuel Wills, William Whitaker, jr., John Bowcher, Miles Cary, Miles Cary, jr., William Cary, Miles Wills, Tho. Charles, William Harwood, Cuthbert Hubberd, Richard Whitaker, Elias Wills. 1 p.
237. xv. Similar Address of the Magistrates of Warwick County. Signed, Miles Wills, Sherriff, Miles Cary, William Cary, Tho. Merry, Tho. Charles, Matthew Jones, Thomas Haynes. 1 p.
237. xvi. Similar Address of the Magistrates and Freeholders of New Kent County. March 7, 170½. Signed, J. Lightfoot, Col. of Foot, George Keeling, Capt., John Lightfoot, jr., Capt., Richd. Baker, Lt. (his mark), James Reves (?), Lt., Ed. Walton, Ensign, Wm. Bassett, Capt. and Lt.-Col. of the Virginia Troop, Nicholas Meriwether, Lt. Major, Henry Chiles, Lt., David Anderson, Lt., William Harman, Lt., John Breeding, Lt., William Lacey, Cornet (his mark), Richard Allen, Cornet (his mark), John Parke, jr., Cornet, Nicholas Meriwether, Sheriff, Jo. Foster, Wm. Bassett, John Lyddall, James Mosse, John Stanup, Tho. Smith, George Keeling, Henry Chiles, Justices. Geo. Clough, Clerk, W. Clopton, Sub. Sher., James Matthew (?) Sub. Sher. 1 p.
237. xvii. Similar Address of the Militia Officers of Middlesex County. Signed, Gawin Corbin, Col., John Grymes, Capt., George Wortham, Lt., Wm. Killber, Cornet, Tobias Mickleborough, Capt., Tho. Blaky, Lt., John Vivian, Ensign, John Smith, Capt., John Pace, Lt., John Hipkings, Ensign, Robt. Daniell, Capt., William Malines, Lt., Matthew Parry, Ensign, Henry Perrott, Capt., Thomas Wood, Lt., William Jones, Ensign. 1 p.
237. xviii. Similar Address of the Magistrates and Militia Officers of Gloucester County. March 16, 170½. Signed, Richard Bayley, Will. Bernard, Jn. Bayler, George Seaton, Jno. Sterling, Tho. Sanders, Thomas Poole, John Waters, Simon Stubblefield, George Stubblefield, Chr. Dicken, jr., Will. Robins, Tho. Browne, Saml. Mathews, John Degge, Simon Degge, Abraham Judson, Rob. Nettler, Thomas Sanders, John Smith, Phillip Hunley, James Morris, Rich. Dudley, Matthew Page, James Ransone, Peter Beverley, Mord. Cooke, John Gwyn, Thomas Todd, Conqt. Wyatt, Ambrose Dudley, Anthony Gregory, Will. Smith, Wm. Blackburne, Thomas Buckner, Peter Kemp, Gabriell Throckmorton, Da. Alexander, Richard Booker, Wm. Debnam. 1 large p.
237. xix. Similar Address of the Militia Officers of York County. Signed, Wm. Barbar, Peter Manson, Will. Batt, William (?) Watkin, Robert Goodwyn, Robert Kerby, James Archer, Bar. Wagstaff, Phill. Moody, Anthony Robinson, John Wythe, Peeter Starkey (?), Wm. Timson, Law. Smith, Tho. Chisman, jr., Charles Hansford, Daniell Taylor, Tho. Nutting, E. Jenings, Tho. Ballard, Wm. Buckner. 1 p.
237. xx. Similar Address of the Magistrates and Grand Jury of Charles City County. Grand Jury : John Cocke, Anthony Wyatt, Robt. New, Thomas Jackson, George Pasmoore, James Harrison, Randall Madax, Roger Rest, David Gudgam, Jno. Wickett, Jno. Daniel, Thomas Daniell, James Gabeker, Tho. Woodham, Robt. Harwood, Jno. Hunt, Tho. Andorson, James Gunn, Danl. Higdon, Jno. Baxter. Justices : Rich. Bland, Chas. Goodrich, Daniel Lewellin, Robt. Bolling, Littlebury Epes, Geo. Blighton, Jno. Hardiman, Joshua Wynne, Richd. Bradford. Sheriff : Micajah Lowe. 1 p.
237. xxi. Similar Address of the Militia Officers of Charles City County. Tho. Simmons, Adam Tapley, Peter Poythres, Anthony Wyatt, Jno. Epes, Fra. Epes, Jno. Limbreij, Joshua Wynne, Micajah Lowe, Jno. Hamlin, Jno. Epes, Jno. Reeker, jr., Thomas Harrison, Jno. Poythres, Jno. Poythres, Richd. Hamlin, Jno. Baxton, William Byrd, Edwd. Hill, Char. Goodrich, Littlebury Epes, Geo. Blighton, Richd. Bradford, John Taylor, Peter Jones, Richd. Reeker, James Thweatt (?). 1 p.
237. xxii. Similar Address of the Magistrates and Militia Officers of Henrico County. Signed, Militia Officers : William Byrd, William Randolph, Peter Field, Fran. Epes, Will. Farrar, Tho. Cocke, John Worsham, Giles Webb, Jos. Royall, John Bolling, Seth Ward, Geo. Worsham, Ph. Jones, Wm. Cocke, John Cox, Richd. Cocke., jr, Tho. Jefferson, Tho. Branch, John Worsham, jr., A. Childers, Fran. Epes, jr., Abra. Womak, Wm. Blackman. Justices of the Peace : Richard Cocke, Wm. Randolph, Fran. Epes, Wm. Farrar, Tho. Cocke, John Worsham, Giles Webb, Jos. Royall, John Bolling. 1 p.
237. xxiii. Memorandum of Minutes of Council of Virginia, March 11, 12, 170½. ¼ p.
237. xxiv. (a) Copy of Proclamation for impressing some seamen. Signed, Fr. Nicholson. March 14, 170½. 1 p.
237. xxiv. (b) Copy of Proclamation proroguing the Assembly of Virginia till April 23, 170½. Signed, Fr. Nicholson. March 18, 170½. 1 p.
237. xxv. List of the French Refugees established at Manakin Town. March 6, 170½. 206 men, women and children. Endorsed, Recd. May 29, Read July 22, 1702. 2¾ pp. [C.O. 5, 1312. Nos. 27, 27.i.–xxv.; and (without enclosures) 5, 1360. pp. 213–217.]
March 21. 238. Duplicate of above letter, enclosing,
238. i. Another copy of above letter.
238. ii. List of enclosures. ½ p.
238. iii. List of Addresses given above. 1 p.
238. iv. Copy of Minutes of Council of Virginia, March 11, 12. 170½. 7 pp.
238. v. Duplicate of preceding. 7 pp.
238. vi. Duplicate of No. 237. xxiv. 2 pp.
238. vii. Another Copy of Proclamation by Governor Nicholson, March 18, 170½, proroguing the Assembly till April 23.
238. viii. Duplicate of No. 237. xxv.
238. ix. Duplicate of No. 237. xxv. [C.O. 5, 1339. Nos. 5, 5.i.–ix.]
March 21.
239. Governor Nicholson to [? the Earl of Manchester]. Refers to letter of Feb. 25 and duplicates enclosed. Signed, Fr. Nicholson. 1 p. Enclosed,
239. i. Duplicate of above.
239. ii. List of Addresses to the King given above, Nos. 237. i.–xxii. 1 p. [C.O. 5, 1339. Nos. 6, 6.i., ii.]
March 21.
240. William Popple, jr., to Governor Lord Cornbury. Enclosing a packet for the Government of Connecticut concerning the Proclaiming of her Majesty. [C.O. 5, 1119. p. 81.]
March 21. 241. Minutes of Council of New York. Opposition having been made by James Mott and Henry Disbrow to the passing of Letters Patents to Col. Caleb Heathcote (see March 18, etc.) for the manor of Scarsdale, all three were fully heard yesterday, when the Governor and Council recommended them to go together and agree their differences. They now appeared before the Board and produced an agreement signed by the said parties [quoted]. Ordered that the Solicitor General prepare a draft of Letters Patents accordingly, the quit-rent 5l. per annum.
Petition of Jacob Balck read, and the petitioner having taken the oaths before this Board on the 19th, and produced a certificate from the Minister of the Dutch Congregation in this City of his being a Protestant, it is hereby ordered that the Clerk of the Council do prepare a certificate thereof, and that the Seal of the Province be affixed thereto as desired. [C.O. 5, 1184. pp. 634, 635.]
March 23. 242. Journal of House of Delegates of Maryland. Petition of Daniel Toads of Kent County, praying an Act for sale of Mr. Nicholas Milburne's lands for payment of his debts, read. Resolved that forasmuch as the executors of Milburn have no notice of this petition, it be referred till next Sessions.
Moved that, whereas the foundation of the prison intended to be built is placed on low ground, w[h]e[r]e commonly there is settling of water, which may prove prejudicial, therefore proposed that some more convenient place be appointed. Committee appointed to consult about new site.
Message sent down with a paragraph of Dr. Bray's letter. The consideration thereof referred to a full house.
Petition of Daniel Cannin praying an allowance for repairing the pasture fence read and referred.
Engrossed Bill for Religious Worship sent up.
Committee appointed to go to the Secretary's Office and inspect the old records of land, and report to the House in what condition they are, and if it be necessary any of them be transcribed anew. They reported that it is absolutely necessary that some of them be, and other books to be new bound, being now old and much worn. Consideration whereof is further referred.
Engrossed Bill for Religious Worship and Bill for naturalization of Hermanus Schee, Isaac Vanbebber, Mathias Vanbebber, James Broward and three sons, Dennis Collickman and Sebastian Oley, sent down. The fees of the latter settled.
Bill prohibiting abuses of wood-rangers, sent down.
Bill for payment of rents of orphans' lands, sent down, was read the first time.
Bills for prohibiting horse-racing on Saturdays, for relief of Kent and Calvert Counties, prohibiting abuses of woodrangers, confirming Mann's testament, and for naturalisation of Hermann Schee etc. engrossed and sent up.
March 24. 50l. voted to reimburse Dr. Bray for expenses in negotiating the affairs about the Act for Religious Worship.
Col. Edward Lloyd's account for cleaning of arms in Talbot County ordered to be paid.
Major William Dent's account for cleaning of arms in Charles County ordered to be paid.
The Bills sent up yesterday were returned.
The Committee of Election reported that Charles Greenberry and Lawrence Draper are duly elected for Ann Arundell County. They were sworn accordingly. Resolved (nemine contradicente), that a present of 400l. sterl. be made to H.E. for his signal services done to this Province.
Answer to H.E.'s speech, relating to the affairs of New York, sent up :—"The subject has been seriously debated and considered and our loyalty and duty to H.M. having carried us on through all other difficulties and obstructions, we have resolved on a supply of money to the utmost degree of what we have or can by any ways or means attain to, which with trouble of mind we are forced to acknowledge will not amount to above 300l., which altho' it be not the whole sum mentioned, yet it is all we have or can get, and by which we are constrained to leave some just debts of the publick unpaid and ourselves in a weak state of defence against our common enemy the Indians, who are daily annoying our frontiers. And because we have great reason to believe that our neighbours of New York have not used us fairly in representing our condition to H.M. otherwise than what it really is, and are well assured that it will be much for H.M. service to apply the money and all the strength we are able to exert to the defence of this H.M. Province of Maryland, in as great or greater danger than New York, and not to them who are much abler to defend themselves than we, and from whose fortifications or other strength we can have no manner of safety or security, we beseech your Excellency plainly and sincerely to represent the truth of our condition to H.M., imploring H.M. grace and favour to make good these assertions, which are plaine matter of fact and undoubted truths. (1) That the Indians of New York have as easy and open access to us as to them, who being a light flying, wild, barbarous kind of enemy are not obliged by the carrying of any baggage or artillery to keep the improved roads or pass by our forts, but can easily and suddainly descend upon us over the unbeaten and unoccupied mountains, as we have found by experience. (2) We have several Nations of Indians on our Frontiers, some between us and New York, and some to the Westward of us and wide of New York, and some among us who are frequently committing rapines and murders on our frontier inhabitants, to secure whom as well as the Province in general, this Province has within this three years been at the charge of many hundred thousand pounds of tobacco, and tho' we have for this last three or four months been quiet by the winter season, we are in great fears of new incursions in the Spring having no assurance of their faithfulness to us. (3) We have no meanes of raising money but by imposition of goods exported and imported, of which commodities as exportation of tobacco is twenty times more than all the rest, and in laying anything upon that, we are constrained to be very tender by occasion of the duty payable on the same in England, and the commission that is thereby advanced to the merchant to whom the same is consigned for sale. (4) To raise money by tax on the inhabitants is utterly impracticable here, for there's several hundred families, nay the greatest part of the whole Province, have not five shillings by them, nor any meanes to raise it, because there is very little amongs us, and that a bar-coin that is not currant with our neighbours nor have any liberty yet from H.M. to advance coin so as to introduce it among us, by means whereof the best in the Province are sometimes put to a strait to procure money for their travelling pocket expenses. (5) This Province has several times heretofore been reduced to very great extremity and danger by those very Nations on our backs to the impoverishing and almost destruction of the men and substance of this Province, which we always sustained without any assistance from New York, or any other neighbour Government, except Virginia, who was equally concerned in the same at some times. (6) The great charge we have lately been at in raising money to build a Stadt House, free school, church and prison on a new seat of government at Annapolis hath put on us another great burthen, which is not yet discharged. (7) That it may be considered how far the money will compass the designed end, and when all our neighbours (under better circumstances than we) has not answered their proportion, and how discouraging it will be to us to remit our treasure and strength to New York, and lay our nakedness and defenceless condition open to our enemy, whilst our neighbours retain their strength for their own defence, and which we believe is the best service to H.M. (8) Let it be considered that 2,000lbs. of tobacco per year is, one with another, what every labourer makes in this Province, and that none but labourers or the best of this Province, can be sent to make up the quota of men demanded, and it will easily be found, considering the inability to us of raising money, and the duty tobacco pays at home, that the maintaining the quota of men mentioned will ruin this Province in one yeare, and lessen H.M. Revenue more than double the sum that we pay besides the danger of this Province of being overrun and destroyed by the salvages in the meantime. And that H.M., on consideration thereof, and his gracious regard for our safety will be pleas'd to exempt us from that or any other contribution to New York, and direct that the said money, or what other strength we can raise may be applied to the defence of this Province of Maryland, against the incursions of H.M. and our enemies, that so we may in comfort and quiet apply ourselves to our manufacture of tobacco for our own support and increase of H.M. revenue.
Bill engrossed prohibiting horse-racing on Saturdays, and Bill for preservation of orphans' estates, read a first and second time, were sent up. The latter was returned with concurrence.
Petition of John Price, a seaman, for allowance, rejected.
Accounts of John Bateman and Micajah Perry, not being signed or proved, was rejected.
Petition of Christopher Goodhand of Kent Island read, and referred till next Sessions.
Petition of Daniel Cannin, gate-keeper, relating to the repairs of the town-fence was again read. Resolved, that the fence be repaired.
Petition of Gerrard Slye of St. Mary's County, merchant, for an allowance for a house burnt in service in the time of the Revolution, rejected.
On two other petitions he was referred for redress to the Common Law.
Books of the Land Records that are much worn and damnifie? ordered to be brought into the House for their perusal. Resolved that such books, or some part thereof, as are most worn be forthwith transcribed and others wanting may be anew bound with good covers, if to be had or made, which William Taylard undertook to do.
March 25. Paragraph of a letter from the Council of Trade, Sept. 4, 1701 read. "We wonder the Assembly should not think fit to constitute an Agent for soliciting their affairs here. There are many occasions, tho' not at our Board, in which business cannot be done without some charge, and great inconveniences have often risen by the delay of reports upon some Laws and otherwise all of which will grow worse and worse, if some fit person be not appointed to look after such-like matters." The Council sent down a message therewith :—"In regard H.E. our present Governor is intended now shortly for England, of whose provident care we have all possible assurance, and is willing to take that trouble upon him, proposing for one year's time to bestow his application therein gratis, for the good will he has for the country, and afterwards at the rate of 120l. sterl. per annum, or if you shall think that too much, upon such terms as you yourselves shall judge fit, and to continue in such Agency until the Assembly shall by their letter signify that they have no longer occasion for to make use of him, we desire you to consider of what advantage H.E.'s good application may be to us, and accept of the said offer."
Governor Blakiston's letter to above effect read. Message sent up accepting his offer.
Bill for orphans' estates sent up.
Bill for apportioning the publick levy read the first and second time and sent up.
An Address to H.M., signed by H.E. and Council, was concurred with and signed by the Assembly.
Petition of Dr. Moore, for a rebate upon imported negroes dead etc., rejected.
John Borman, Member for Somerset County, entered this House and shewed that by means of the badness of winds and weather he could not give his sooner attendance.
Bill for apportioning the public levy, sent down, was engrossed, and sent up. It was sent down agreed to.
The Committee reported that the place intended for building the new prison is very ill-convenient, and advise that a place nere it, on a more rising ground, is very convenient. Ordered that it be built there.
Journal of Public Accounts, brought in, assented to by H.E. and Council. 4l. sterl. allowed Edward Topp, a Minister, for attending the Council this Sessions.
Peter Dent was sworn a Member for Somerset County.
The Assembly attending, H.E. gave his assent to the several Bills made this Sessions, and sealed them. He then prorogued the Assembly till April 28. [C.O. 5, 744. pp. 266–286.]
March 23. 243. Minutes of Council in Assembly of Maryland. Letter of the Rev. Dr. Thomas Bray about the Law of Religion, July 15, 1701, read, and recommended to the Delegates.
The arms last sent in from Mr. Tryon were liked of. Ordered that 100l. worth yearly of such arms be sent for with 20 barrels of powder.
Bill prohibiting horse-races and the abuses of wood-rangers read, agreed to and sent down.
Bill for the establishment of Religious Worship read the third time, readily past, and sent down.
And see preceding abstract.
March 24. See preceding abstract.
March 25. Bill for securing orphans' estates passed and sent down.
Bill for apportioning the public levy read twice and sent down. It was returned and assented to.
Several Acts passed this Session were assented to by H.E.
The Assembly was prorogued until April 28.
And see preceding abstract. [C.O. 5, 744. pp. 129–147.]
March 24.
244. Council of Trade and Plantations to Governor Codrington. Acknowledge letters of July 18, Aug. 18, 20, 25 and Nov. 10. What you write in the last relating to one General Agent for all the Islands under your Government is a thing very desirable, and we would have you to persist in your endeavours to get one appointed accordingly, for the applications of different persons, as from different authorities, about business which ought to be all reduced under your direction doe but perplex affairs. We doubt not but the Agent for Nevis will have transmitted thither some time since the Orders of Council confirming several of their Acts. However, we think good to acquaint you particularly with the whole proceedings relating to these Acts, and enclose a copy of our Representation of Sept. 3 and Order of Council, Sept. 16, for repealing the Act for the better securing the Islands etc., the reason of which repeal you will find in our Representation, and may thereupon use your endeavours to get another Act passed to the like effect, which may not be liable to those objections. We send another Order of Council, Sept. 16, confirming the Acts therein mentioned, and whereas the Act to encourage the late disbanded soldiers to remain on the Island etc. is not comprehended in that order, by reason of some doubts suggested to the Lords Justices, upon which they referred it back again to our consideration, we afterwards made a second report upon that single Act, and you have the confirmation of it in the enclosed Order of Council Nov. 20. We also enclose our Representation Nov. 20, and Order of Council Dec. 21 for repealing two Acts of Nevis, for securing titles of land, and regulating the Militia, the reasons of which repeal you will also understand by our Representation, and may thereby guide yourself in passing other more proper Acts for those purposes. We have some Acts of Antigua before us, which we shall consider in due time. We have received the Act passed in St. Christopher's, for strengthening H.M. part of that Island, which you mention Nov. 10, but have deferred to consider it because of a petition that it may not be confirmed, of which we send you here inclosed a copy, that you may inform us fully of the reasons which induced you to pass it, and which may obviate the particular objections that you may conceive likely to be raised against it.
Mr. Mead, who is one of those Petitioners, has also given us the titles and dates of two other Acts past by you at St. Christophers, which we do not find have been transmitted to us, vizt., An Act for raising a Levy to defray the publick charges, Jan. 14, 1700, and An Act for repairing H.M. Fortifications and other necessary works for the security of that Island, April 17, 1701. This is imputed to you as a neglect, and if it be so, we must require you to be very cautious that you fall no more into the like fault, but that for the future you take better care in transmitting all Acts of the Assemblies under your Government according to your Instructions. Enclose Orders relating to the complaints of Mr. Freeman, Mead and others.
There was also referred to our consideration a petition in the name of Capt. Norton, complaining of your proceedings against him, but as your conduct in that matter has already been approved of and confirmed, his Agents thought fit to decline the prosecution thereof, and declared their acquiescence in what has been done.
The other complainants, Mr. Freeman and Mr. Mead etc., have not been satisfied with the King's Orders on our Reports, but have petitioned the House of Commons for redress, and the matter is now before them, for an account of which we refer you to your friends and correspondents, who take particular care of it. But upon the whole, as these matters have occasioned much speech and great reflection upon your conduct, which whatever may be the consequence cannot for the present but be very disagreeable to you, we think it our part upon this occasion to to admonish you to be very careful for the future in preserving such deliberation and caution in all your proceedings as may prevent your falling into any irregularities whatsoever, and this not only upon account of the inconveniences, which may ensue to yourself, but also of the obstructions and other prejudice which may from thence arise in the course of H.M. service committed to your care. We observe what you write in your letter of Nov. 10 about judicature, and shall be very glad to receive the observations you promise us upon the pamphlet called Plantation Justice. In the meantime, as to your acting as Chancellor, you are in the right to understand yourself authorized to do it by the custody of the Great Seal of those Islands. Whosoever is entrusted with the Seal ought undoubtedly to perform the office belonging to the Seal; and your Instructions do also further direct you to hear and determine Appeals, which is the same authority that is given to all H.M. Governors in his other Plantations. But tho' it has been alledged to us in vindication of your conduct upon occasion of the foresaid complaints, that some former Governors of the Leeward Islands have sometimes sat upon the Bench, with the ordinary Judges in hearing causes, we cannot but declare to you that the practice appears to us very irregular, and that it is altogether unfit that the same person should either sit as Judge or otherwise appear upon the Bench in hearing any cause in the first instance, which may afterwards come before him by way of Appeal.
As to the place of Secretary of those Islands, your Agent ought properly to have petitioned H.M. therein, and then if the matter had come to us by reference, our report upon it would have had due weight; but as it happened, the place was obtained by another person without our having the least knowledge of it till after the thing was done. We are very well pleased with the zeal you express upon all occasions for H.M. service, and particularly for the defence of St. Christophers, where you apprehend may be the first danger in case of a war; and we have laid before H.M. very particularly the account you have given us of the state of defence of those Islands, and the stores of war and men wanted for the security thereof, upon which, as any directions shall be given, we will take care to inform you. Refer to the exchange of firelocks for Nevis.
Whilst we were thus far advanced in preparing this letter, we have received another from you, Dec. 30, and the Acts you mention, which we shall consider in due time. Your endeavours to promote an Act for the uniformity of Justice throughout all the Islands under your Government are very well employed, and you will do well to persist therein. The account you give us of the murder of Mr. Martin at Antego is very unhappy. As the occasion seems probably to have been some extraordinary severity towards his negroes, we are the more sensible of the expediency of a law for restraining inhumane severity, not only towards Christian servants, but slaves, which you are directed by your Instructions to endeavour to procure, and we therefore recommend it particularly to your care. And as for the ill condition which the inhabitants of that Island appeared to be in upon that occasion, with relation to their defence in case of any attack by an enemy, we shall make use of that also in proper opportunity to strengthen what we have already represented about arms necessary for the security of the Islands under your Government. Signed, Stamford, Lexington, Robt. Cecil, Ph. Meadows, John Pollexfen, Mat. Prior. [C.O. 153, 7. pp. 425–435.]
March 24.
245. William Popple to Henry Newton. The Council of Trade and Plantations have commanded me to trouble you once more upon occasion of How and Churchill, in desireing you to inform them, whether, in case the said How and Churchill did not plead the general New Gate Pardon, (tho' their names were incerted) it be valid to them. [C.O. 5, 1289. p. 394.]
March 24.
246. Governor Blakiston to the Council of Trade and Plantations. Since my last of Dec. 10, I have received yours of Aug. 14 and 20 and Sept. 4. I cannot at present give a full answer to them as I ought, being obliged to consult the Council upon many of the paragraphs, and some the Assembly, particularly that about an Agent. The Assembly is now siting; their first meeting was on Tuesday last. I find they have assented to the Law of Religion in the manner it was sent by your Lordships, but it is not yet returned to the Council. I have laboured what I can to be prevalent with the General Assembly to comply with H.M. letter concerning our proportion of money to be paid to New York. I am not without hopes but they will doe something becoming them in it, and not wholly reject it, as it has been done by our adjacent neighbours. The occasion of my giving your Lordships this trouble is by your instructions that whatever affairs I had to transmit to the Secretary of State, to send you copies thereof. The reason of my sending them away before the Assembly had done is because I am doubtful it may be some months before another ship may sail from hence, for the ships that are here are very desirous to have some advice from England before they will venture, and if a war, they are in hopes of a convoy. Signed, N. Blakiston. Endorsed, Recd. June 11, Read July 22, 1702. Holograph. 1 p. Enclosed,
246. i. Governor Blakiston to Mr. Secretary Vernon. Maryland, March 24, 170½. Enclosing the following Address to be laid before His Majesty. Signed, N. Blakiston. Endorsed as preceding. Copy. 1 p.
246. ii. Copy of the Humble and Loyal Address of the Governor, Council and General Assembly of Maryland to the King. Maryland, March 24, 170½. We your Majesty's most dutiful and loyal subjects being met together and having a deep sense of the inestimable blessings and benefits we have enjoyed (next under Almighty God) from your Majesty's great and glorious achievements, though attended with so many hazards of your Royal Person, so often exposed at the head of your armys for the defence and preservation of our Libertys and Propertys, And having seen Addresses from most of your Countys and Citys of England upon the occasion of the French King's (contrary to his Faith and Solemn Treatys) proclaiming the pretended Prince of Wales King of your Majesty's Realm of England and your Dominions thereto belonging, which your Majesty has been pleased graciously to accept, we are thereby emboldened to hope our remoteness will not exclude us from the tender of our most ardent wishes for your most sacred person, and to declare how utterly we abhor and detest the unjust proceeding of the said French King, and at the same time to assure your Majesty, that although we are but a very small part, yet we hope in our several stations to give the utmost proofs of our most loyal affections etc. Signed by the Governor, Council and Assemblymen, Same endorsement. Copy. 1 p. [C.O. 5, 715. Nos. 50, 50.i., ii.; and (without enclosures) 5, 726. pp. 129, 130.]
March 24.
247. Council of Trade and Plantations to the Earl of Manchester. We enclose an estimate of the charge of Stores of War proposed by our Representation, Jan. 24. P.S.—We have just now received letters from Virginia, by which we find there is wanting a greater quantity of arms etc., of which we shall speedily send your Lordship an account. Signed, Stamford, Lexington, Robt. Cecil, Ph. Meadows, Wm. Blathwayt, John Pollexfen. [C.O. 324, 8. p. 85.]
[? Mar. 24.] 248. Col. Dudley to the Council of Trade and Plantations. Praying for allowance for freight for his equipage to his Government, as is usually done, upon certain vessels released from the present embargo to proceed to New England. No signature or date. Endorsed, Recd. Read March 24, 170½. Holograph. 1 p. [C.O. 5, 862. No. 104.]
March 24.
249. Journal of Council of Trade and Plantations. Copy of the estimate of Ordnance for the Plantations, received from the Board of Ordnance, ordered to be sent to the Earl of Manchester.
Letter to Col. Codrington signed.
Letter from Dr. Newton, March 21, read. Secretary ordered to write to him again. [See March 24.)
Memorial from Col. Dudley, praying that he may have the usual allowance of tonnage, for the transportation of his equipage to New England, granted him, being read, ordered that he be acquainted that it is already done by H.M. Order in Council of June 28 last.
Order of Council, March 18, referring to the consideration of the Board a Memorial from Col. Dudley, read.
Letters from the Lords Proprietors of the Bahama Islands and the Lords Proprietors of Carolina, read.
March 25. Ordered that Col. Dudley be desired to attend on Friday.
Two letters from Governor Blackiston, Oct. 30 and Dec. 10, 1701, read, and the papers enclosed laid before the Board.
Letter to the Earl of Manchester signed.
Three boxes of papers lately received from Governor Nicholson, dated Dec. 2, 1701, were laid before the Board, and part of the first letter was read. Upon consideration of the paragraph relating to the Militia and to the want of arms, ordered that a Representation be prepared. [C.O. 391, 14. pp. 364–383; and 391, 96. Nos. 51, 52.]
March 25.
250. Hen. Newton to [? Wm. Popple]. In reply to letter of 24th I have again looked into his late Majesty's pardon, in which Churchill and How are inserted, and doe find that the pardon is general and absolute without any condition or limitation, so that it may be pleaded by them at any time, but they having given bail to plead H.M. pardon according to the warrant granted in that behalf at the next General Sessions of the Admiralty, if they doe not then appear, the recognizance will be forfeited. There has been no General Sessions of the Admiralty since the last Newgate pardon. Signed, Hen. Newton. Endorsed, Recd. Read March 26, 1702. ¾ p. [C.O. 5, 1261. No. 58; and 5, 1289. pp. 394, 395.]
March 25. 251. Col. Dudley to Mr. Popple. Praying him to lay before the Board his requests for freight, cannon and a Company from New York for New England with despatch. Signed, J. Dudley, Endorsed, Recd. Read March 25, 1702. Addressed. Sealed. Holograph. 1 p. [C.O. 5, 862. No. 105.]