America and West Indies: August 1702, 21-25

Pages 548-566

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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August 1702

Aug. 21. Petition of Barnabe Mackinne, praying an order for land on Black Creek to build a gres [? grist] mill upon, rejected.
Petition of Robert Sneede, to be admitted Ferryman at York Town, rejected.
Petition of Chicheley Corbin Thacher (=Thacker), praying that he may be allowed for entring the Laws of Five Assemblies in the Country's Law Book, rejected.
Bills for dividing Charles City County; prohibiting seamen being harboured or entertained on shore; and for the regulation of ferries and transporting forces, read the first time.
Mr. Robert Beverley was given leave to bring in a Bill for the more easily obtaining fair and regular trials in cases concerning lands, which was read a first time.
Resolved that the petitions of Thomas Pate and Mongo Somervile, to keep the Ferry at York Town, are fully answered by the above Bill.
Resolved that James City County hath full authority to proceed in all cases of meum and tuum. [C.O. 5, 1408. pp. 457–462.]
Aug. 21.
883. Memorandum by William Blathwayt. H.R.H. does think fit that a Commission be presented to Her Majesty for Dr. Thomas Gardiner to be Chyrurgeon General of the Army. Signed, William Blathwayt. ½ p. [C.O. 5, 3. No. 5.]
Aug. 21.
884. Council of Trade and Plantations to the Queen. We lay before your Majesty the draught of Instructions for Lt.-Gov. Bennett. Signed, Dartmouth, Robt. Cecill, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. [C.O. 38, 5. p. 244.]
Aug. 21.
885. Council of Trade and Plantations to the Queen. Refer to Order in Council, Aug. 6. According to what we have formerly represented, it would be very convenient that Barbados be attended by a competent number of frigates to be relieved from time to time. The Trade of those parts and security of the said Island may well deserve that two or three frigates be appointed for that service during the war. As to the regulated troops, for some time during the late war, a regiment of Foot was appointed for that Island. And we are humbly of opinion that during the present war a regiment or such a number of forces as your Majesty can spare, will be no less necessary for the defence of that Island, and will tend greatly to the encouragement of the inhabitants thereof, and may be made use of as occasion may require for your Majesty's service in the Leeward Islands. Signed, Dartmouth, Robt. Cecill, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. [C.O. 29, 8. pp. 198, 199.]
Aug. 21.
886. William Popple to George Clarke. The Council of Trade and Plantations beg to be informed of the number and quality of the ships of war, that are ordered to attend the particular service of each Plantation. [C.O. 324, 8. p. 180.]
Aug. 21.
887. Council of Trade and Plantations to the Queen. Enclosing Lord Cornbury's Instructions for the Government of New Jersey. Signed, Dartmouth, Robt. Cecill, Wm. Blathwayt, John Pollexfen, Mat. Prior. Annexed,
887. i. Draught of Instructions for Lord Cornbury to be Captain General and Governor in Chief of Nova Cæsaria or New Jersey in America. The Instructions follow in general the line of those given, Cal. 1701, No. 647.ii., and 1702, May 13. Variations and additions:—Members of Council:—Edward Hunlock, Lewis Morris, Andrew Bowne, Samuel Jennings, Thomas Revell, Francis Davenport, William Pinhorne, Samuel Leonard, George Deacon, Samuel Walker, Daniel Leeds, William Sandford, and Robert Quary.... And whereas the inhabitants have of late years been unhappily divided, and by their enmity to each other our service and their own welfare has been very much obstructed, you are therefore in the execution of our Commission to avoid the engaging yourself in the parties which have been formed amongst them, and to use such impartiality and moderation to all as may best conduce to our service and the good of the Colony.... You are to transmit with all convenient speed the names and characters of six inhabitants of the Eastern and six of the Western Division of the Province whom you shall esteem best qualified to supply vacancies in the Council.... And in order to the better consolidating and incorporating the two divisions of East and West New Jersey into and under one Government, Our will and pleasure is that, with all convenient speed, you call together one General Assembly for the enacting of Laws for the joint and mutual good of the whole, and do sit in the first place at Perth-Amboy in East New Jersey, and afterwards the same or other the next General Assembly at Burlington in West New Jersey, and that all future General Assemblies do sit at one or the other of those places alternately, or (in case of extraordinary necessity) according as you with the advice of the Council shall think fit to appoint them. And our further will and pleasure is, that the General Assembly so to be called do consist of four and twenty Representatives who are to be chosen, two by the inhabitants, house-holders of the City or Town of Perth-Amboy, two by those of Burlington, ten by the freeholders of East, and ten by the freeholders of West New Jersey; and that no person shall be capable of being elected a Representative by the freeholders of either division, and afterwards of sitting in General Assemblies, who shall not have 1,000 acres of land of an estate of freehold in his own right within the division for which he shall be chosen; and that no freeholder shall be capable of voting in the election of such Representative, who shall not have 100 acres of land of an estate of freehold in his own right, within the division for which he shall so vote; and that this number of Representatives shall not be enlarged or diminished, or the manner of electing them altered, otherwise than by an Act or Acts of the General Assembly there and confirmed by the approbation of us, our heirs and successors.
You are with all convenient speed to cause a collection and revisal of the Laws to be made and transmitted.... You shall also propose to the General Assembly and use your utmost endeavours with them, that an Act be passed for raising and settling a publick Revenue, for defraying the necessary charge of the Government, in which provision be particularly made for a competent salary to yourself, as Captain General and Governor in Chief, and to other our succeeding Captain Generals for supporting the dignity of the said office, as likewise due provision for the salaries of the Members of Council and Assembly and of all other officers necessary for the administration.
Whereas it is not reasonable that any of our Colonies or Plantations should, by virtue of any exemptions or other privileges whatsoever, be allowed to seek and pursue their own particular advantages by methods tending to undermine and prejudice our other Colonies and Plantations, which have equal title to our Royal care, and whereas the trade and welfare of our Province of New York would be greatly prejudiced, if not entirely ruined, by allowing unto the inhabitants of Nova Cæsaria any exemption from those charges which the inhabitants of New York are liable to, you are therefore in the settling of a public revenue, as before directed, to propose to the Assembly that such customs, duties, and other impositions be laid upon all commodities imported, or exported, in or out of New Jersey as may equal the charge that is or shall be laid upon the like commodities in the Province of New York. And whereas we are willing in the best manner to provide for the support of the Government of our said Province by setting apart sufficient allowances to our Governor residing for the time being within the same, when it shall happen that you shall be absent from the territories of New Jersey and New York, one full moyety of the salary and of all perquisites and emoluments whatsoever, which would otherwise become due unto you, shall be paid unto such Governor who shall be resident upon the place for the time being, which we do hereby order and allot unto him towards his maintenance, and for the better support of the dignity of that our Governor. Whereas great prejudice may happen to our service and the security of the Province by your absence without a sufficient cause and especial leave from us, you are not upon any pretence whatsoever to come to Europe without first having obtained leave for so doing.... For the better quieting the minds of our good subjects inhabitants of our said Province and for settling the properties and possessions of all persons concerned therein, either as General Proprietors of the soil under the original grant of King Charles II, or as particular purchasers of any parcels of land from the said Proprietors, you shall propose to the General Assembly the passing of such Acts, whereby the right and property of the said General Proprietors to the soil may be confirmed to them, according to their respective rights and titles, together with all such quit-rents as have been reserved or are or shall become due to the said General Proprietors from the inhabitants; and all such privileges as are exprest in the conveyances made by the Duke of York, excepting only the right of Government, which remains in us. And you are further to take care that by the said Act or Acts so to be passed, the particular titles and estates of all the inhabitants, and other purchasers claiming under the said General Proprietors, be confirmed and settled as of right does appertain, and under such obligations as shall lead to the best and speediest improvement or cultivation of the same, provided always that you do not consent to any Act or Acts to lay any tax upon lands that lie unprofitable. You shall not permit any person or persons, besides the General Proprietors or their Agents, to purchase any land whatsoever from the Indians within the limits of their grant. You are to permit the Surveyors and other persons appointed by the General Proprietors of the Soil for surveying and recording the surveys of land granted by and held of them to execute accordingly their respective trusts; and you are likewise to permit and, if need be, aid and assist such other Agent or Agents, as shall be appointed by the said Proprietors for that end, to collect and receive the quit-rents which are or shall be due unto them, from the particular possessors of any parcels or tracts of land from time to time, provided always that such surveyors, agents or other officers appointed by the said General Proprietors do not only take proper oaths for the due execution and performance of their respective offices and give good and sufficient security for their so doing, but that they likewise take the oaths appointed by Act of Parliament etc. And you are more particularly to take care that the lands purchased from the Proprietors be cultivated and improved by the possessors thereof....Whereas we are given to understand that there are several offices within our said Province granted under the Great Seal of England and that our service may be very much prejudiced by reason of the absence of the Patentees, and by their appointing Deputies not fit to officiate in their stead, you are to inspect the said offices, and to inquire into the capacity and behaviour of the persons now exercising them, and to report thereupon to us and to our Commissioners for Trade and Plantations what you think fit to be done or altered in relation thereunto; and you are upon the misbehaviour of any of the said Patentees or their Deputies to suspend them, till you shall have represented the whole matter and received our directions; but you shall not, by colour of any power or authority hereby or otherwise granted unto you, take upon you to give grant or dispose of any office or place within our said Province, which now is or shall be granted under the Great Seal of England, any further than that you may upon the vacancy of any such office or place, or suspension of any such officer by you, put in any fit person to officiate in the interval, till you shall have represented the matter unto us and our Commissioners of Trade, which you are to do by the first opportunity, and till the said office be disposed of by us, or that our further directions be given therein.... And whereas we have been informed that divers of our good subjects inhabiting those parts do make a religious scruple of swearing, and by reason of their refusing to take an oath in Courts of Justice are, or may be liable to many inconveniences, Our will and pleasure is that, in order to their ease in what they conceive to be matter of conscience, so far as may be consistent with good order and Government, that an Act be passed to the like effect as the Act of 7 and 8 William III, for the affirmation of Quakers. And whereas in the first settlement of the Government it may so happen that the number of inhabitants fitly qualified to serve in our Council, the General Assembly and other places of trust or profit there will be but small, it is therefore our will and pleasure that such of the people called Quakers as shall be found capable of any of those places and accordingly be elected or appointed to serve therein, may upon their taking and signing the Declaration of Allegiance to us in the form used by the same people in England, together with a solemn declaration for the true discharge of their respective trusts, be admitted by you into any of the said places or employments.... You are to transmit an account of the state of defence of the Province by the first opportunity. You are to take especial care that due entries be made in all Ports of all goods imported and exported, with the names, burdens and guns of all ships importing and exporting the same, the names of their commanders, and from and to what places they come and go, and transmit the same to the Treasury and Council of Trade quarterly. And whereas great losses have been sustained by our subjects trading to our Plantations in America by ships sailing from those parts without convoy, or without the company of other ships which might protect them from our enemies, by which means many of them have been taken by the French in their return to England, to the end therefore the ships of our subjects may be the better secured in their return home, you are to take care that during this time of war, no ships trading to New Jersey be permitted to come from thence to England but in fleets, or under the convoy of some of our ships of war, or at such a time as you shall receive notice from thence of their meeting such convoys as may be appointed for them; and in case of any danger, you are to expect directions from hence, what precautions shall be further necessary for their security. You are to examine what rates and duties are charged and payable upon any goods imported or exported, whether of the growth or manufacture of the said Province or otherwise, and to use your best endeavours for the improvement of the Trade in those parts... Appeals to be granted to the Governor and Council, provided the value appealed for exceed 100l. sterl., and that due security be given, and thence to the Queen in Council, provided the sum appealed for exceed 200l. sterl., that it be made within fourteen days after sentence, and that good security be given by the appellant that he will effectually prosecute the same and answer the condemnation, and pay costs and damages in case the sentence be affirmed, provided also that execution be not suspended by reason of any such appeal to us. You are also to permit appeals to us in Council in all cases of fines imposed for misdemeanour, provided they exceed the value of 200l., the appellant first giving good security that he will effectually prosecute the same and answer the condemnation if the sentence be confirmed. You are, for the better administration of Justice, to endeavour to get a Law passed, if not already done, wherein shall be set the value of men's estates either in good or lands, under which they shall not be capable of serving as jurors.... And whereas the preservation of the Northern Frontiers of our Province of New York against the attempts of any enemy by land is of great importance to the security of our other Northern Plantations on the Continent of America, and more especially of New Jersey, which lyes so near adjoining to our Province of New York, and the charge of erecting and repairing the fortifications and of maintaining the soldiers necessary for the defence of the same, is too great to be borne by the single Province of New York, without due contributions from others concerned therein, for which reason we have upon several occasions required such contributions to be made, and settled a quota, you are therefore to take further care to dispose the General Assembly of New Jersey to the raising of such other supplies as are or may be necessary for the defence of our Province of New York, according to the signification of our will and pleasure therein, which has already been made to the inhabitants of New Jersey, or which shall at any time hereafter be made to you. In case of any distress of any of our Plantations, you shall, upon application of the respective Governours to you, assist them with what aid the condition and safety of your Government will permit, and more particularly in case our Province of New York be attacked, the assistance you are to contribute, whether in men or money, is to be according to the forementioned quota. For the greater security of New Jersey, you are to appoint fit officers and commanders in the several parts of the country bordering upon the Indians, who upon any invasion may raise men and arms to oppose them, until they shall receive your directions therein... etc. [C.O. 5, 994.A. pp. 42–90.]
Aug. 21.
888. Council of Trade and Plantations to the Queen. We have prepared a draught of a Commission and Instructions for a Governor of Jamaica, and added an Instruction containing the purport of a letter from H.M. to the said Governor for inducing the Assembly there to continue the Revenue of that Island. Signed, Dartmouth, Robt. Cecill, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. [C.O. 138, 10. p. 354.]
Aug. 21. 889. Attorney General to the Council of Trade and Plantations. Reply to Queries of Aug. 14th. I am of opinion that for offences against the Act of 12 Car. II. cap. 18, for encouraging shipping etc., by that Act the Admiralty Courts in the Plantations have no jurisdiction, and the Admiralty Court in England hath jurisdiction only where a ship is taken at sea for offending against that Act. As for offences against the Stat. of 15 Car. II. cap. 7, for the encouragement of Trade, by that Act no Court of Admiralty either in England or the Plantations have any jurisdiction, the suits being to be in such Courts wherein no essoign, protection or wager of Law can be allowed, which by construction are only the Courts of Law where only essoigns, protection or wager of Law can be allowed. The proceedings for offences against the Stat. of 22 and 23 Car. II. cap. 26, for regulating the Plantation Trade, by that Act may be in the Admiralty Court in England, but not in the Admiralty Courts in the Plantations. The Stat. of 7 Willm. doth not give any jurisdiction to the Admiralty Court in England for any offence in unlawful trading to or from the Plantations, but such suits on this Act in England must be in the Queen's Courts of Record at Westminster. But proceedings may be in the Admiralty or other Courts in the Plantations at the election of the Informer for importing or exporting to or from the Plantations in any ship but such as are described by that Act, and manned as that Act directs, by Fol. 497, which is that the forfeiture may be sued for in any Court in the Plantations generally, which includes the Court of Admiralty, and the rather because the Act after Fol. 502 expressly takes notice of the Court of Admiralty as a fixed Court in the Plantations for other purposes. As to the Clause Fol. 502, I am opinion that it doth not concern trading in unqualified ships, that being provided for by the former Clause, but I refer to the Clause immediately preceding it, Fol. 500, which enacts that all ships coming into or going out of any of the Plantations and lading or unlading goods, and also their Masters, Commanders and lading shall be subject to the same rules etc. as in this Kingdom by virtue of the Act of 14 Charles II for preventing frauds in H.M. Customs, and also subject to such other powers and authorities of the Officers for collecting and managing H.M. Revenue and inspecting the Plantation Trade, and liable to such pains and penalties touching the importing and exporting goods into and out of the Plantations as by that Act are provided touching prohibited and uncustomed goods in this Kingdom. By which Clause I am of opinion that that Act gives the Admiralty Court in the Plantations jurisdiction of all penalties and forfeitures for unlawful trading, either in defrauding the King in his Customs, or importing into or exporting out of the Plantations prohibited goods, and of all frauds in matter of trade and offences against the Acts of Trade and Navigation committed in the Plantations, and that in all the cases before mentioned, except the trading in unqualified ships, or ships not manned as directed by the Act of 7 Willm. suite can be only in the Admiralty in the Plantations, and or the excepted offences, suite may be in any Court in the Plantations at the election of the Informer. Part of this question will have a judicial determination in a cause now depending in the Queen's Bench in an action of Trover and Conversion, brought by—— against Col. Quary, Judge of the Admiralty in Pennsylvania, who as such in that Court condemned an unregistered ship for trading there, which will acquit him in that action if the prosecution may be in the Admiralty Court, but if that Court hath not jurisdiction of the cause, the proceedings are coram non judice, and the plaintiff will recover against him as a wrong-doer. Signed, Edward Northey. Endorsed, Recd. Read Sept. 11, 1702. 3 pp. Enclosed,
889. i. Copy of queries submitted by the Council of Trade and Plantations, Aug. 14. q.v. 1¼ pp. [C.O. 5, 1261. Nos. 152, 152.i.; and (without enclosure) 5, 1290. pp. 215–220.]
Aug. 21.
890. Journal of Council of Trade and Plantations. Sir Bevil Granville acquainted the Board that Mr. Heysham and some other gentlemen concerned in Barbadoes informed him that pursuant to an Act passed in that Island, March 19 last, they have contracted for 1,000 fire-arms, and other stores of war, and that therefore they think great cannon will be the most wanted there at present. Whereupon ordered that a letter be writ to the Agents of Barbadoes to enquire whether that Island may not want a supply of corn-powder for cannon.
Letter from the Earl of Nottingham, Aug. 12, read.
Letter from the Earl of Nottingham, Aug. 18, read. Commission and Instructions for a Governor of Jamaica, with representation, prepared accordingly.
Representation to lay before H.M. the Instructions for the Lord Cornbury, Governor of New Jersey, signed.
Representation to lay before H.M. the draught of Instructions from Capt. Bennet, Lt.-Gov. of Bermuda, signed.
Representation relating to the defence of Barbadoes signed.
Ordered that a letter be writ to Mr[s]. Clark, Secretary to H.R.H. the Lord High Admiral, to desire to know of him the number and quality of the ships of war that are ordered to attend the particular service of each Plantation.
Capt. Hasket and Mr. Dogget attending, the latter presented a relation of the seizing of Capt. Hasket, which was read.
Aug. 22. Capt. Hasket attending, and desiring the Board to report upon his Petition, a Representation was drawn up and signed accordingly. [C.O. 391, 15. pp. 186–189; and 391, 96. Nos. 143, 144.]
Aug. 22.
891. Council of Trade and Plantations to the Queen. Since our Report in June, we have been attended by Elias Hasket, late Governor of the Bahamas, and have examined his allegations, which import that he was forcibly seized by the inhabitants by reason of his prosecuting divers offenders who have violated the Laws of Trade and Navigation, and for his endeavouring to reform the disorderly way of living of those inhabitants, which has been confirmed to us by John Doggett [Aug. 20]. But whereas there are not here any persons who appear on behalf of the inhabitants, and we having no further information from them, we are not enabled to determine the truth of the matters of fact on either side, which we humbly conceive cannot be otherwise done than by a Commission of Enquiry. But as we are further confirmed here by [? of] the defenceless and disorderly condition of those Islands, whereby they are exposed to the French and Spaniards, and their situation being of very great importance, as we have formerly represented, we are humbly of opinion that your Majesty do again recommend to the Lords Proprietors the care and defence of the said Islands, and a more regular administration of that Government; and in particular, that upon a due enquiry made into these matters, offenders may be punished and justice done to Hasket and others, who shall appear to have been injured. Signed, Dartmouth, Wm. Blathwayt, Jon. Pollexfen, Mat. Prior. [C.O. 5, 1290. pp. 194–197.]
Aug. 22.
(22, 6m. (Aug.)
892. William Penn to [? William Popple]. Noble Friend. I was yesterday favour'd with a letter from thy own hand. I wish it had been upon another subject. But this I will say, the Queen's commands, immediately or by her Ministers, will ever find a reverent regard from me. I married my only daughter but the day before yesterday, and as soon as I can reach the town I will waite upon Lord Nottingham, and the rest of those noble Lords that constitute the Committee of Council, where I think my affairs more properly ly than with the Commissioners of Trade and Plantations, after the partiality those Gentlemen, but too plainly, exprest in favour of the common enemy of our poor country: but that must have, also, its reasonable submission, and I humbly take leave to hope that I shall [I] appear so in judgments less lyable to a byass than that of Thy very respectful Friend, Wm. Penn. Endorsed, R. 26, 1702. Holograph. 2 pp. [C.O. 5, 1233. No. 41.]
Aug. 22. 893. Minutes of Council in Assembly of Virginia. The Burgesses attending presented an Address to H.E. in answer to his Speech, Aug. 18:—We have resolved that the provision now in force for the defence of this Colony is the best and most agreeable posture of defence; and that power be given to H.E. till the next Session of Assembly, with the advice of H.M. Council, on any accident, as an alarm, surprize, insurrection or invasion, to levy suitable and competent forces, to be paid by the public, and to disband the same again, as the cause of danger ceases. We have resolved that the former resolutions of the House of Burgesses concerning fortifications and Naval forces be at this time agreed to, to wit, that this country is not of ability to build any fortifications, and that if it were, the benefit will not counter-vail the charge; that a Naval force is the best way to secure this country from an enemy by water, but that the charge of maintaining it will be altogether insupportable to this country. Refer to Bills now under consideration in answer to H.E.'s proposals. We think it best that ships have liberty to go as they are loaden, without waiting for a convoy.
Message sent to the Burgesses :—Upon perusal of the survey and platt of the land laid out by Henry Beaverley for the Chickahominy Indians, and having consulted James Ming, who is well acquainted with the land, H.E. and Council are apprehensive that the said Surveyor hath mistaken the resolves of the House of Burgesses and laid out a far greater tract than was ever designed, for H.E. and Council cannot think it for H.M. service to give away 14,910 acres to them who are not above 14 men in all, the Pamunkey Indians, who are more in number, being contented with a far less quantity. They refer the platt to the consideration of the Burgesses. And being it doth not appear whether the several Plantations wch. are taken within the said survey be seated by virtue of patents, or not, that care be taken to prevent all manner of disputes for the future by reason of such patents, if any be. And H.E. and Council are the more desirous to have this matter speedily determined, that patents may be granted to such persons as have claims to land in Pamunkey Neck adjoining to the said Indians' land, and that the remaining lands in the Neck may be laid open according to the Address of the Council and Burgesses. [C.O. 5, 1409. pp. 642–644.]
Aug. 22. 894. Journal of House of Burgesses of Virginia. See preceding abstract. Reports of the Committee of Public Claims laid before the House.
Bill for dividing Charles City County read a second time and amended.
Bill for regulating ferries etc. read a second time and amended.
Bill prohibiting the harbouring of seamen read a second time and committed for amendment.
Bill for obtaining more fair and regular trials in cases concerning titles of land read a second time and rejected. [C.O. 5, 1408. pp. 462–466.]
Aug. 23. 895. Minutes of Council of Virginia. Letter from Mr. Auditor Byrd excusing his absence.
Whereas the selling of the Quit-Rents by inch of candle hath been found in some counties to be very prejudicial to H.M. Revenue, Ordered that they be exposed to publick sale to such as shall offer most for the same on the fourth day of next October General Court, and thence continued during the sitting of the said Court until the said Quit-Rents be sold. And for the improvement of H.M. Revenue of the Quit-Rents, Ordered that notice be given throughout every County, that the lands on the South side of Blackwater Swamp will be laid open after Nov. 20, and that from that day all H.M. subjects shall have full liberty to take up and patent the said lands in the accustomed manner. [C.O. 5, 1409. p. 253.]
Aug. 24.
896. Order of Queen in Council. Upon the Representation of April 17. Ordering a letter be writ to the Governors of the Massachusetts Bay and New Hampshire to endeavour that, according to what has been proposed by Col. Romer, the Engineer, lately sent thither, a good Fort be built at Pemaquid about the same place where the last stood, and, for its better defence in case of an attack from the sea, that a battery be raised on the next point of land, and a redoubt or round tower in St. John's Island, and a new Fort in Piscataway River, where the present Fort now stands, to be such as the growing trade of that River and County requires, according to Col. Romer's design, as also a strong tower on the Point of Fryer's Island, a Battery on Wood Island, and another on Clark's Island, and further acquainting him that when the said fortifications shall be built, H.M. may be induced to send thither some great guns and other stores of war towards the finishing and use of the same. That the magistrates in Connecticut and Rhode Island and the Proprietors of Carolina and the Bahama Islands be also required to take care that due preparations be made for the defence of the same. That the Governors of the Massachusetts Bay, and the said Magistrates of the Colonies of Connecticut and Rhode Island be required that in case of an invasion or appearance of imminent danger on the side of New York, they forthwith send assistance to that Province of men or money, according to former directions. The Council of Trade and Plantations are to write to the Governors and Proprietors accordingly, and to signify to the Agents of Barbados that in case they desire that the duty of 4½ per cent. arising in that Island, and already directed by H.M. to be applied towards the Fortifications etc. should be applied towards the keeping a competent number of soldiers in H.M. pay in that Island, H.M. may be disposed to order accordingly. And H.M. having been pleased to refer to H.R.H. Prince George of Denmark, Lord High Admiral, the giving directions for providing in the best manner that may be for the security of the coasts of H.M. Plantations and Islands adjacent in America, H.M. is further pleased to order that the remaining part of the Representation of April 17 be referred to the Lords of the Committee of the whole Council, to report what they conceive fit for H.M. to do. Signed, John Povey. Endorsed, Recd. 7th, Read Sept. 8, 1702. 2½ pp. [C.O. 323, 3. No. 139; and 324, 8. pp. 183–186.]
Aug. 24.
897. Order of Queen in Council. Referring Representation of Aug. 21, upon the petition of Barbados merchants, to H.R.H. Prince George of Denmark, Lord High Admiral, for his report. Signed, John Povey. Endorsed, Recd. Read Sept. 3, 1702. 1¾ pp. [C.O. 28, 6. No. 75; and 29, 8. p. 202.]
Aug. 24.
898. Order of Queen in Council. Referring back to the Council of Trade and Plantations their Representation of Aug. 21 upon the petition of the Barbados merchants, to hear the Petitioners and thereupon to represent to H.M. whether, instead of the application of part of the 4½ per cent., directed Aug. 6, for the use of the fortifications etc. of Barbados, the Petitioners are desirous that the same shall be applied towards the keeping of soldiers in H.M. pay for the defence of the said Island, and to report their opinion upon the whole matter. Signed, John Povey. Endorsed, Recd. Read Sept. 3, 1702. 1 p. [C.O. 28, 6. No. 76; and 29, 8. p. 203.]
Aug. 24. 899. Memorandum of Order of Council approving the Instructions to Governor Sir Bevill Granville. ¼ p. [C.O. 28, 6. No. 79.]
Aug. 24. 900. Memorandum of Order of Council, Aug. 24, upon a Representation of Aug. 21, approving the Instructions for Capt. Bennet, Lt.-Gov. of Bermuda. ¼ p. [C.O. 37, 3. No. 76.]
Aug. 24.
901. Order of Queen in Council. Approving draught of Instructions for Lord Cornbury, Governor of New Jersey [Aug. 21], and ordering them to be prepared for H.M. Signature. Signed, John Povey. Endorsed, Recd. 11th, Read Sept. 15, 1702. 1 p. [C.O. 5, 970. No. 8; and 5, 994.A. pp. 92, 93.]
Aug. 24.
902. Order of Queen in Council, approving draught of Commission for Lord Cornbury to be Governor of New Jersey [Aug. 18], and ordering the Earl of Nottingham, H.M. Principal Secretary of State, to prepare a warrant for H.M. signature for passing the said Commission under the Great Seal of England. The like Order for the Governor of Jamaica. Signed, John Povey. Endorsed, Recd. 11th, Read Sept. 15, 1702. 1 p. [C.O. 5, 970. No. 7; and 5, 994.A. pp. 91, 92.]
Aug. 24.
903. Order of Queen in Council. Ordered, in accordance with the Representation of Aug. 22, that it be recommended to the Lords Proprietors of the Bahama Islands to issue out a Commission of Inquiry in order to the doing of the Petitioner justice by a legal examination into the matters of his complaint, the said Capt. Haskett being a person of whom H.M. has a good opinion, and whom H.M. is well informed may do service to H.M. in those parts. Signed, John Povey. Endorsed, Recd. Read Sept. 3, 1702. 1 p. [C.O. 5, 1261. No. 149; and 5, 289. p. 106; and 5, 1290. pp. 200–202.]
Aug. 24.
904. Order of Queen in Council. Approving Representation of Aug. 22, and ordering that it be recommended to the Lords Proprietors of the Bahama Islands that they take care for the defence and security of the said Islands, and for a more regular administration of the Government there, and in particular that upon due enquiry into the said matters. offenders may be punished and justice done to all such as have been injured thereby. Signed, John Povey. Endorsed, Recd. Read Sept. 3, 1702. 1½ pp. [C.O. 5, 1261. No. 150; and 5, 289. p. 105; and 5, 1290. pp. 198–200.]
Aug. 24.
905. Order of Queen in Council. Approving of the draughts of a Commission and Instructions for a Governor of Jamaica [Aug. 21], and ordering the Earl of Nottingham to prepare warrants for H.M. signature, the name of such person as H.M. shall appoint to be Governor being first inserted in the warrant. Signed, John Povey. Endorsed, Recd. Nov. —, Read Dec. 2, 1702. 1 p. [C.O. 137, 5. No. 77; and 138, 10. p. 392.]
Aug. 24. 906. Memorandum of Order of Council, Aug. 24, approving the Instructions for a Governor of Jamaica. ¼ p. [C.O. 137, 5. No. 78.]
Aug. 24. 907. Memorandum of Order in Council, Aug. 24, approving the Commission for a Governor of Jamaica. ¼ p. [C.O. 137, 5. No. 79.]
Aug. 24.
908. Order of Queen in Council. Approving drafts of Instructions for Governors Codrington, Cornbury, Granville, Bennett, and the Governor of Jamaica. Signed, John Povey. Endorsed, Recd. 11, Read 15 Sept., 1702. 1 p. [C.O. 152, 5. No. 7; and 153, 8. pp. 80, 81.]
Aug. 24. 909. Minutes of Council in Assembly of Virginia. Bills for dividing Charles City County; for the regulation of ferries and dispatch of public expresses and for the speedy transporting of forces over rivers and creeks; prohibiting seamen being harboured or entertained on shore; sent up, were read a first time.
Aug. 25. The above Bills were read a second and third time and sent down, the first with an amendment.
The Council agreed with the Address of the Burgesses, Aug. 22, relating to the Fortifications and Naval forces.
Ordered that ships at present in the Colony have leave to sail as they are loaden.
The Council sent a Message to the Burgesses proposing that the resolves giving H.E. power to raise forces in an emergency be formed into an Ordinance of Assembly.
Resolve of the Burgesses sent up referring the question of the survey of the land for the Chickahominy Indians [Aug. 22] to the General Court.
The Burgesses sent up the Book of Public Claims, to which they desired their Honours' concurrence.
Bill for dividing Charles City County sent up with amendment agreed to. [C.O. 5, 1409. pp. 645–648.]
Aug. 24. 910. Journal of House of Burgesses of Virginia. Bill for prohibiting the harbouring of seamen read a third time with amendments.
Bill for dividing Charles City County amended and read a third time.
Bill for regulating ferries, etc. read a third time, and amended.
And see preceding abstract.
Aug. 25. Book of Public Claims considered.
Thanks were rendered to Mr. Speaker for his extraordinary diligence and care in the discharge of his place this and the two last meetings of Assembly.
Resolved, that 8,000 lb. of tobacco shall be allowed for an able clerk when he shall attend the Committee of Grievances.
And see preceding abstract. [C.O. 5, 1408. pp. 466–469.]
Aug. 25.
911. Mr. Burchett to Mr. Popple. Besides the squadron at Jamaica, under Vice-Admiral Benbow, the following ships are ordered to attend the American Plantations:—Jersey, 48 guns, New York; Southampton, 48 guns, Virginia; Kinsale, 32, Barbados; Maidstone, 24, Leeward Islands; Gosport, 32, New England; Eagle, Advice-boat, 10 6lb. guns, Maryland. Signed, J. Burchett. Endorsed, Recd. Aug. 27, Read Sept. 3, 1702. Addressed. 1 p. [C.O. 323, 3. No. 138; and 324, 8. p. 181.]
Aug. 25.
912. Lt.-Governor Beckford to the Council of Trade and Plantations. I met the Assembly I had called for Aug. 6, and during the short time wee sat past an Act to confirm the Acts of the last Assembly; an Act for present subsistence of H.M. officers and soldiers; an Act for raising several sums of money to discharge the publick debts and raising funds for the safeguard of this Island; an Act for raising an additional duty and impost; an Act for the more effectual raising parties to pursue and destroy rebellious and runaway negroes; an Act to reimburse John Sadler for money expended for the improvement of the estate of Sarah Grace Sedgwick, a minor deceased. The Money Bill came not before the Council till Saturday night 10 o'clock, and then we were to read it over thrice and pass it; and the reason wee were so streightned was from Col. Law's the Chief Justice his raising a scruple as to the time the Assembly could sit, which had likely to have prevented the doing of any manner of business, and may still prove prejudiciall. We had no other thoughts but that the six months allowed by the Act of the 7th and 8th Willm. did not expire till the 8th Sept. next, H.M. dying March 8, and the Chief Justice alwaies assured me that he would hold the Aug. Court, which was to be done this day, but about the 15th inst. I heard a rumour that the Court would not hold. I asked the Chief Justice the very next day his intentions, who promised me he would sit, there having been no Court held for a long time: the day after he came and told me the Attorney General had been with him and shewed him a case or two that the 6 months were only lunary moneths, and to bee computed so, and not according to the Calender. The C. Justice sends for the lawyers (such as wee have) who presently agreed that the time was to be computed 28 daies to the moneth, so that then the time allowed by the Act expired the 23rd. This put all things into a hurry, however, I thank God I prevailed with the Assembly to get the business done by the time, for I think it was not adviseable, after such a scruple was raised about the validity of the Laws when made, to doe it after the six months was expired; so that your Lops. see how the Assembly was forced to press on, and that the Council could not make any alterations to the Money Bill, tho' wee offered some, and made them known to the Assembly at a conference, but the time would not allow of any amendments. However, the Council passed the Bill considering the present posture of affairs, and have entered a Declaration in the Council Book that it shall not bee a President for the future. I am sure if I had not thought that the rejecting the Bill might endanger the Island, I could hardly have agreed that the Commissioners named by the Assembly should have the disposal of the money without orders from the Governors and Council. Besides your Lops. will see some other clauses in that Bill which are really impositions. But the Souldiery is now provided for, whereas some were refused quarters, and I could have obliged our Inhabitants no other way then by putting Martial Law afoot, which has almost ruin'd the Country already. The discharging of our old debts will give us new credit upon any emergency, or when H.M. service shall require it. I hope now that there is that encouragement given for the reducing of the rebellious negroes, that we shall be able to quell them. They have mightily increased in their numbers these 12 months past, and have been so bold to come down armed and attack our out settlements to Windward, and have destroyed one or two, which if not prevented would prove of fatal consequence and endanger the Island; for if the settlements to the Windward should be so discouraged that the Inhabitants should be forced to quit them, the enemy possessing themselves thereof might annoy, if not render themselves masters of the remaining part. We are at present here but under a precarious sort of Government, and have no powers to act by but H.M. most gracious Proclamation. However, I hope it cannot be long before a Power arrives either for me, or whomever H.M. shall be pleased to judge more capable, or else I shall dread the consequences; but I dare not mistrust that a thing of that importance is now to bee done.
The 13th instant arrived here the Colchester, and brought with her four prizes sent down by Admiral Benbow, two ships, a brigantine and a sloop. The Admiral has been with 7 men of war at Leogane and Petit Guaves, and has putt the French under no small consternation. He forced a man of war of 40 odd guns ashoar, and the French, rather then she should fall into our hands, blew her up. The Admiral with his boats set fire to two great merchant-ships, and is now gon for the Coast of Carthagena. I dispatch'd away the 14th inst. 2 sloops, one to him and another to Reer-Admiral Whetstone, upon the information that I had upon oath from the master of a sloop, who, as he came by Porto Rico the 27th of July last saw of[f] that Island 22 sail of great ships. This day one of our Privateers has brought into Port Royal a Spanish Barcolongo laden with tobacco. Signed, Pe. Beckford. Endorsed, Recd. Nov. 25, Read Dec. 1, 1702. 2½ pp. [C.O. 137, 5. No. 80; and 138, 10. pp. 384–390.]
Aug. 25. 913. Abstract of preceding. [C.O. 137, 41. p. 6.]
Aug. 25.
914. William Popple, jr., to the Agents of Barbados. The Council of Trade and Plantations send you the enclosed Order of Council relating to Appeals in Barbados, and desire from you in writing what you have to say thereupon. [C.O. 29, 8. p. 200.]
Aug. 25. 915. Journal of Council of Trade and Plantations. Sir Bevil Granville, Mr. Bridges and Mr. Heysham attending, the Order of Council relating to the application of the 4½ per cent. was read. Mr. Bridges acquainted the Board that he believed there would be no great occasion for small arms at present. And as for the other stores, he promised to bring his opinion in writing this day sen'night.
Order of Council, July 9, relating to the clause in the Governor's Instructions for regulating the method of appealing in Barbados, was read. Mr. Bridges desiring a copy that he might give his answer in writing, it was ordered to be sent him accordingly.
Letter from Lord Cornbury, Philadelphia, June 3, read. [C.O. 391, 15. pp. 189, 190; and 391, 96. No. 145.]
Aug. 25. 916. Minutes of Council [in Assembly] of Barbados. There not being a quorum, adjourned till to-morrow.
Aug. 26. Ordered that a flag of truce be sent down forthwith to Martinecoe to know upon what terms they will bee with us about prisoners, which are or shall be taken; and further to enquire into the reasons why Jonathan Sisson, a subject of the Queen of England, was taken by them, with his vessel lying at anchor in one of the Bays belonging to H.M. Island of Domineco, and kept as a prisoner, before any account arrived in these parts of a war, and afterwards sent to France. Ordered, that Augustine Burke, who is well acquainted with the French tongue, be appointed to go down in the said flag of truce, and that he observe such orders and instructions as the President shall think fit to give. The General Assembly, attending, said they had consented to the payment of the rent for the Governor's house, according to the agreement with Mr. Pilgrim; to pay Capt. Thomas and Capt. Bullard for carrying dispatches, etc.; to pay for the maintenance of prisoners already brought up, but for the future desired that such prisoners of war as should be brought in might be put on board the outward bound ships, or maintained by the Captor. They recommend Capt. Philipp Kirton as a fit person to go to Martineco with the flag of truce. They were answered that Mr. Burke was already appointed. They recommend a review of the stores of the Magazine, and that a particular charge might be given that the Act for encouraging Privateers might be put into execution, and that there may be no delay of the condemnation of prizes brought in; that to prevent any disputes that might arise about the Act for continuing of officers for six months after the demise of the King, etc. a Bill is preparing by them to continue all officers, etc. here till H.M. further pleasure be known; that an order pass for pressing of guns and men, etc. for fitting out two vessels of war for H.M. service, and the defence of this island, which they had taken up, and agreed for, by a Committee of their House and some of the merchants. Mr. Speaker excused their proceeding so far without some of the members of this Board joyned with them, but this Board not sitting at that time, and the present emergencyes requiring all possible expedition, did request that they would not take it amiss. The President and Council advising with the Attorney and Solicitor General, whether it were lawful to press men, etc. for fitting out the above vessels, they affirmed that it was lawful and justifiable, it being for H.M. immediate service and the public good of this Island. Ordered that the Press warrants issue accordingly.
The Assembly delivered a Bill to raise a levy for repairing the fortifications and breastworks, which was read twice and sent back to the Assembly, with some amendments; also, a Bill for fitting out vessels of war, which was read twice, and sent back to the Assembly with several Amendments.
The Assembly agreed to the payment of liquors ordered to be laid in for H.E. (July 1st).
The Assembly moved that Capt. Kirton might go down to Martineco in place of Mr. Burke. Mr. Burke having been appointed, the President did not think fit to alter his resolution unless some just objection were made to Burke.
The Assembly having recommended to the Board that Capt. Maycocke offered his sloop to go out in the country's service for a fortnight provided he might be furnished with stores and ammunition out of the Magazine to fit her out, the Board were of opinion they could not grant any such order without an Act for that purpose.
Mr. Benjamin Cryer and Samuel Cox were appointed Commissioners of Accounts and were ordered forthwith to view and report upon the public stores.
Aug. 27. Amended Bill for fitting out vessels of war, returned by the Assembly with their concurrence, was read a third time and passed.
The Assembly attending, desired that an Order be drawn for the payment of 2,500l. to Wm. Holder and Wm. Heysham, on behalf of such persons as advance the money for the purposes mentioned in the aforesaid Act, if the payments amount to so much. Ordered accordingly.
The Assembly presented a Bill for the better settlement of this Government till H.M. pleasure be known, and a Bill for the remittance of the duty of prize liquors.
Mr. Speaker recommended Wm. Roberts to go down in the flag of truce, Capt. Kirton and Mr. Burke desiring to be excused; which was ordered accordingly. He also recommended that the President would consult the Commissioners appointed for taking up the vessels about Instructions for the Commanders thereof.
The President recommended to the Assembly that care might be taken for maintaining some Spanish prisoners brought in this day by Capt. Alexander Forrester, and other French prisoners brought in before.
The Bill for continuing officers was read three times and passed. Bill for the remittance of the duties of prize liquors was read three times and passed, but Wm. Sharpe, one of H.M. Commissioners of Customs here entered his dissent thereto, and afterwards acquainted this Board that it was usual for prizes to pay duty to H.M., and Capt. Charles Thomas, H.M. Receiver of the casual Revenue, did the like.
Stores (enumerated) ordered to be delivered out of the magazine for the use of the brigantine Madera and sloop Constant Jane, taken up for the public service. [C.O. 31, 6. pp. 255–262.]
Aug. 25. 917. Journal of Assembly of Barbados. Act for raising a levy for the use of the fortifications, read a first time.
Resolved that a levy of 6d. a head on negroes, be raised for a fund for setting out ships of war, and also that 6d. per tun on every ship arriving to this island shall be levied, and that the said money shall be solely for the discharging the money raised and lent on this occasion, and that an Act be drawn for repaying the money borrowed within one year, and that the money raised on negroes shall be paid one year hence, and the tunnage levy to cease at the end of one year, the said tunnage to be according to the rule for payment of powder. If the said two levies be not sufficient to answer the money raised, this House will enact another to complete the same, etc.
Aug. 26. Absent Members fined. Wm. Heysham freely and generously proffered to advance ready money to such officers, marriners and soldiers (immediately after condemnation), on their bringing in any of the Queen's enemies, according to the Act for raising a levy for setting out two vessels of war. The House gave him the general thanks for such his generous offer.
Resolved that the Commissioners be empowered to press all necessaries for the vessels and pay for the same.
Ordered that Mr. Chearnley lay before the Commissioners for taking up the said vessels an account of the 4,000l. for taking up the William and Spye, galleys.
And see preceding abstract.
Aug. 27. Some of the absent Members were by letter excused, and others fined.
Amended Bill for fitting out ships of war, passed.
Bill, for continuing persons in office till further notice, read and passed.
Bill for the remittance of the duty of prize liquors, read and passed.
Resolved that the Speaker move the President and Council, that an order pass for 2,500l. sterl., upon the encouragement of the Act for fitting out vessels of war.
Resolved, that all prisoners that shall be brought here that belonged to any merchant ships of the enemy, shall be maintained at the charge of the captors, commissionated and fitted out as privateers, not exceeding 14 days, but all such as shall be taken in vessels of war, shall be maintained at the charge of the public. [C.O. 31, 6. pp. 478–482.]
Aug. 25. 918. Minutes of Council of Virginia. H.E. laid before the Council the Lists of Militia and fifth men. He proposed to hold a Council of War of all the field Officers for settling rules to be observed in case of invasion. He was in hopes to have had all the Council here, that so something might have been done at this time.
The Council advised that Capt. Moodie pursue his former orders, and that there is no need of new ones at present. [C.O. 5, 1409. pp. 253, 254.]