America and West Indies: November 1702, 1-5

Pages 697-703

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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November 1702

Nov. 1.
1109. George Larkin to the Council of Trade and Plantations. Since my letter of Oct. 26, the Governour has at last vouchsafed to grant me his liberate, provided that I go abroad in six hours after my demanding a sight thereof. Early next morning after I had seen the liberate, which then lay in Mangrove Bay, which is the upper part of the country, and as soon as I had got everything in readiness to sail, I sent for the pilot to carry me without the rocks, but he refused to do it, alledging that he had orders from the Governour to the contrary, and afterwards declared that if he had done it, he would have sunck the vessell. On Oct. 29 the Governor sent the Marshall and took away two of the persons that I had hired to navigate the sloop, upon which I came ashoar and disposed of her at 50l. loss, and must be now forced to go to Curacoa to get a passage to Jamaica, expecting the Governor's sending for me every minute into custody again until I do go. I humbly hope your Lordships will see me righted in this matter, and never suffer. any Governor for the future to act after such a base arbitrary manner. Signed, Geo. Larkin. Endorsed, Recd. Feb. 8, Read March 2, 1702 (1703). Holograph. 1 p. [C.O. 37, 4. No. 12 ; and 38, 5. pp. 361, 362.]
Nov. 2. 1110. Journal of House of Representatives of New York. The Committee appointed to compute the quota of each City, County, Manor and Jurisdiction for raising the 1,800l., presented their computation, which was considered. [City and County of New York, 405; King's County, 252 ; Queen's County, 270 ; Suffolk, 270 ; Richmond, 90 ; Westchester County, 144 ; City and County of Albany, 1[4]4; County of Ulster, 162 ; County of Orange, 45 ; Dutchess County, 18 ;=1,800.]
Petition of the Mayor and Aldermen also considered in Committee.
Nov. 3. Resolved, upon above petition, that the City of New York have leave to prefer all, or so many of those Bills contained in their petition, with this provision in the Bill or Bills for the better establishment of the Ferry, that no fees be encreased, nor no person debarred of transporting their own goods or persons in their own boats.
Resolved that the 1,800l. be raised according to the Quotas proposed yesterday.
Mr. Abraham Gouverneur, according to order, attending, Mr. Speaker acquainted him that the House had directed him to demand of him how he, being an Alien, was qualified to sit as a Representative in General Assembly, to pass Laws on the subject ? Mr. Gouverneur replied that true it was, he was of foreign birth, but in a former Assembly this matter coming to debate was referred to a Committee, and that Dr. Kerbyle and Mr. Bleeker having made oath that he was in the Colony at, before and after an Act passed in the time of Col. Thomas Dongan, for naturalizing of divers persons in this Colony, of foreign birth, the Attorney General, who was Speaker of the then General Assembly, delivered his opinion in the House in Mr. Gouverneur's favour, as also the Committee to whom it was referred, and that he was admitted to serve in the said Assembly accordingly. Ordered, that he produce a copy of the said Act. He said he had lent a copy of the said Act to a person who had never returned it, and prayed the House would order the Secretary to give him a copy of it, or if the Act could not be found by the Secretary in his Office, liberty for him, Mr. Gouverneur, to search for it, in order to produce a copy. Ordered accordingly, and that Mr. Gouverneur attend with the copy on Tuesday.
Ordered, that Candles be brought in.
Nov. 4. Bill for raising 1,800l. etc. was read the second time and ordered to be engrossed.
Capt. Whitehead brought in a Bill, for destroying of wolves, which was read twice and ordered to be engrossed.
Petition of Edw. Burrough, complaining of the badness and difficulty of the high ways and roads between the town of Jamaica and the ferry of the City of New York, read and ordered to lie upon the table. Members given leave of absence.
Committee appointed to inspect the Laws of this Colony. Printed. [C.O. 5, 1185. pp. 7–9.]
Nov. 3. 1111. Minutes of Council of Barbados. Excise Bill passed, William Sharper and Patrick Mein dissenting, by reason they are of opinion that some parts of it are repugnant to the Acts of Trade and Navigation. [C.O. 31, 6. pp. 297, 298.]
Nov. 3.
1112. Minutes of Council of the Massachusetts Bay. Upon the petition of the Town of Sherborne, ordered that they be allowed to rate the 17 families inhabiting the north part of that town, claimed by the Town of Framingham, until the General Assembly make a final settlement of that difference. [C.O. 5, 789. p. 465.]
Nov. 3.
1113. Council of Trade and Plantations to Lord Nottingham. Having understood that it has pleased H.M. to order a Publick Thanksgiving throughout England for the great successes of H.M. arms, and being informed of shipping ready for the Plantations, we put your Lordship in mind of those parts in order to H.M. direction for the like Thanksgiving in her several Colonies in America. Signed, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. [C.O. 324, 8. p. 187.]
Nov. 4.
1114. Earl of Nottingham to the Council of Trade and Plantations. H.M. would have you send directions to the Governors of Plantations as suggested in preceding. Signed, Nottingham. Endorsed, Recd. 8th, Read Nov. 9, 1702. 1 p. [C.O. 323, 3. No. 141 ; and 324, 8. pp. 187, 188.]
Nov. 3.
1115. Journal of Council of Trade and Plantations. Mr. Atwood, being lately arrived from New York, acquainted their Lordships with the occasion of his retiring from thence, vizt. that, having been suspended from his employments by the Lord Cornbury, and being informed that several private actions would be brought against him for what he had transacted in his offices of Judge and Counsellor, he thought it necessary to withdraw himself from those prosecutions ; he was preparing to lay before the Board the Articles upon which the Lord Cornbury had suspended him, together with his answers ; and was thereupon told by their Lordships that they could not properly enter into the consideration thereof, till they should receive letters from the Lord Cornbury, but that in the meantime he would do well to wait upon a Secretary of State to show his readiness to answer what may be objected against him.
Letter to the Earl of Nottingham written.
Mr. Penn desired their Lordships would please to report upon the Preference of his Petition, that Col. Hamilton may have a temporary approbation from H.M. to be Deputy Governor of Pennsylvania for one year only. He represented the necessity of it at present, because Hamilton is the person now in power there, and the impossibility he was under when he left the place to depute any other, because none else fit. Their Lordships resolved that (whatever report they shall make when they have further considered that matter) it be with a proviso that such approbation do not prejudice H.M. title to the Three Lower Counties, and acquainted him that in case of H.M. approbation he must provide security, as had been done for the Governors of Carolina, and of the Bahama Islands, which he accordingly promised. They also reminded him of the answer expected to the 4 Questions sent to him some months since, concerning which he said he had applied himself to the Lord Nottingham and would continue to do it.
Nov. 4. Letter from the Agent of Barbadoes read. Ordered that the matter be considered on Wednesday and notice given accordingly.
Directions given for preparing a Representation upon Mr. Penn's petition.
Letter to the Governor of Virginia signed.
Act of Bermuda, to prevent oppression etc. considered. Directions given for preparing a Representation thereon. [C.O. 391, 15. pp. 257–261 ; and 391, 96. Nos. 175, 176.]
Nov. 4. 1116. Jo. Bennett to the Council of Trade and Plantations. Reply to Mr. Larkin's charges against Governor Bennett. States case as supplied by Governor Bennett, passim. Signed, Jo. Bennett. Holograph. 4 closely written pp. Enclosed,
1116. i. Copy of Memorandum of what happened at a Chancery Court, St. George's, Aug. 18, 1702. See Minutes of Council of Bermuda under date. Endorsed, Recd. Read Nov. 6, 1702. 3 pp. [C.O. 37, 4. Nos. 13, 13.i.; and 38, 5. pp. 312–321.]
Nov. 4.
1117. Council of Trade and Plantations to Governor Nicholson. We have writ you several letters upon particular occasions, which we understand have come safe to your hands, but something remains yet to be said in answer to those we have received from you the dates whereof are as follows, viz. three of the 2nd December last, one of the 25th February, another of the 21st March, and the last of the 29th July. Together with which we also received the several Papers therein referred to. You have a little mistaken the sense of what we ordered our Secretary to desire you to observe in the method of your correspondence. It is not seperate Journals of the proceedings of the Council and Assembly upon different matters that we desired. Those Journals are more usefull intire : and ought always to contain the dayly Proceedings of those Courts, whatever they may be, according to their dates : but we left it to your discretion to write seperate letters upon particular subjects whenever you found occasion : and we have always desired that your letters may in all matters of importance explain your sense in some measure without obliging us to seek into other Papers for the meaning of it. As for the contribution required from the Assembly of Virginia for the defence of New Yorke, and their proceedings thereupon in constituting an Agent here, to present their Address against it, and to sollicit an approbation of their conduct in that matter, we send you here inclosed a Copy of her Majesty's Order in Council of the 21st of May last, upon our representation of the 18th ; by which you will perceive we have been far from countenancing that method. And her Majesty having been pleased thereupon to order us to prepare a Letter to you for her royal signature, we accordingly did it ; and the same having been sent to you in June last by Colonel Quary, we refer you thereunto for the direction of your conduct in that affaire. We were sorry to observe the account that you give us of the ill state of the Militia in Virginia and having represented the same to her Majesty with our opinion for a supply of Arms, you will perceive the effect hereof by her Majesty's Letter to you of the 20th August last, countersigned by the Lord Treasurer, a copy whereof having been communicated to us, we herewith send it you, tho we hope you will have received the original before this come to your hands. Upon this subject of the Militia we will only further offer to your thoughts the example of a late Act in Maryland, by which all Masters are obliged to furnish their men-servants with a gun of 20 shillings value at the expiration of their time of servitude; which seems to us one very good means to keep them armed and in a condition to defend themselves when there may be occasion. The exercising and rendezvousing the several Counties, so that they may best assist each other, being a matter that lies plain under your eye, we can only recommend and leave it to you. Your proposal that a sufficient Squadron of Men-of War may be sent to cruise upon the coasts of the Continent from the beginning of April to the end of October has also been laid before her Majesty. The Bill that was on foot the last Sessions of Parliament for reassuming the Propriety Governments in America to the Crown did not pass for want of time. But you will do well at any time to furnish us with what authentic memorials and proofs you are able for the promoting of that service, when opportunity offers. We well approve of your proposal that all her Majesty's Governors on the Continent may have a Meeting to consult on matters for her Majesty's interest; and tho' the Proprietary Governours be not excluded upon occasion, yet it may be so ordered that H.M.'s Governours may meet seperatly from the Proprietors and confer together. The Naval Officers' Accounts which you have sent us, notwithstanding the plain directions given you by our Order in our Secretary's letter of August 21st, 1700, are still very confused, the totals not added up, and many of them so writ that they cannot be added up; nor scarce any of them fit to be bound up in books as we desired: so that they are of little use to us. We intreat you therefore to take better care that the respective Officers do observe those directions; and to assist them therein, we send you here inclosed the copy of an account of Exportations received from Jamaica, which is very regular. The like method must also be observed in Importations expressing the quantities of each particular sort of goods according as you are directed by your instructions relating to Trade, and summing up the totals at the foot of each column. Since the revisal of the Laws proves so tedious a work, we desire you would in the meantime send us a compleat collection of those that are at present in force. And since you say one reason of the retardment of the Committee's Proceedings in that business, is for want of an Assistant, and that there is a general want in the country of persons fitly qualified for Officers, we think it ought to be so much the more your care to encourage the natives to apply themselves to the acquiring of the qualifications necessary. But if there be absolute need that an Attorney General or any other such considerable Officer be sent from hence, you must in the first place take care that competent provision be made for their support, and advise us of it. For it is not to be imagined that any men of learning and parts fit for such imployments will leave their native country without good assurance of such provision made for them in America. Upon consideration of what you write of the difficulty to get together a quorum of Counsellors and upon a letter from Mr. Burwell desiring because of his age and infirmities to be excused from that service, we proposed to H.M. that he may be excused, and that Mr. Philip Ludwell, Mr. William Basset and Mr. Henry Duke be put in to supply the present vacancies: all which having accordingly been done, we send you here inclosed the copies of H.M.'s Orders in Councill thereupon, dated the 14th of May last. The charitable disposition of the people towards the French Refugees is very commendable. And we have no objection against your conduct in the business of their settlement. We have communicated what you write about your conduct in proclaiming the Queen to the Secretaries' Office, and accordingly it has been published in the Gazette. The dispatch of the new seales intended for all H.M.'s Plantations will require some time. But since you have her Majesty's Warrant to make use the old one till further order there will be no inconvenience in it. We congratulate your recovery from your late sickness, and doubt not of the continuance of your care in all things committed to your charge. Signed, Dartmouth, Robt. Cecill, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. P.S. The several addresses to H.M., which we received in your letter of July 29, have been transmitted to the Earl of Nottingham in order to be presented to H.M. [C.O. 5, 1360. pp. 320–326; and (rough draft) 5, 1335. pp. 36–46.]
Nov. 4. 1118. Agent of Barbados etc. to William Popple. The gentlemen who are petitioners, and the gentlemen who are concerned on the other side in opinion relating to the altering the clause in the Governor of Barbados's Instructions about Appeals, being mutually concern'd for the welfare of the Island, have had some discourse upon the subject, and hope to agree soe well as to give the Lords Commissioners of Trade and Plantations little trouble in that matter, and therefore pray that the hearing appointed for to-day may be deferr'd until Tuesday or Wednesday. Signed, Wm. Bridges, Richd. Bate. Endorsed, Recd. Read Nov. 4, 1702. 2 pp. [C.O. 28, 6. No. 86.]
Nov. 5.
At the House
of Capt.
Jenour, St.
1119. Minutes of Council of Bermuda. Upon a motion of H.E. about Mr. Larkin's having by his contrivances effected the running away of Edward Jones from these Islands in the sloop Shadow, whereof Mr. Larkin cleared Master in the Custom House, when Jones was indebted to the Crown upon the public accounts under several fines, and several causes in Chancery by Appeals from Verdicts at Common Law obtained against him unheard and undetermined, now H.E. moves that if Larkin be guilty of the aforesaid matters, then he be charged therewith, and dealt with according to Law and Justice; otherwise that he may depart these Islands. Several affidavits were sworn against him about Jones going away in the sloop Shadow, and about other matters, particularly Mr. Rawlins in his pocket-book [sic]. [C.O. 40, 2. p. 51.]
Nov. 5.
1120. Minutes of Council of the Massachusetts Bay. 500l. issued to Thomas Brattle on account of the fortifications on Castle Island.
500l. paid for the use of H.E.
Ordered that the Treasurer provide 40 beds, blankets and sheets for the soldiers of the Castle.
Nov. 6. Lt. Col. Partridge presented an accompt of service and subsistence of himself and six soldiers with their horses for four days in assisting and covering the inhabitants of Deerfield, a Frontier, by H.E.'s command, whilst they were making up the line of their fortifications. 3l. paid him in full accompt. [C.O. 5, 789. pp. 466, 467.]
Nov. 5. 1121. Journal of House of Representatives of New York. Engrossed Bill for raising 1,800l. was read a third time and sent up. Leave of absence granted to two Members. Printed. [C.O. 5, 1185. pp. 9, 10.]