America and West Indies: January 1703, 26-31

Calendar of State Papers Colonial, America and West Indies: Volume 21, 1702-1703. Originally published by His Majesty's Stationery Office, London, 1913.

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, 'America and West Indies: January 1703, 26-31', in Calendar of State Papers Colonial, America and West Indies: Volume 21, 1702-1703, (London, 1913) pp. 152-170. British History Online [accessed 30 May 2024].

. "America and West Indies: January 1703, 26-31", in Calendar of State Papers Colonial, America and West Indies: Volume 21, 1702-1703, (London, 1913) 152-170. British History Online, accessed May 30, 2024,

. "America and West Indies: January 1703, 26-31", Calendar of State Papers Colonial, America and West Indies: Volume 21, 1702-1703, (London, 1913). 152-170. British History Online. Web. 30 May 2024,

January 1703, 26-31

Jan. 26. Col. Blakiston and Col. Seymour attending the Board in relation to the affairs of Maryland, Col. Blakiston acquainted their Lordships that being informed the Lord Baltimore was making some steps for procuring the Repeal of a Law of that Province for ascertaining the bounds of lands, he thought it proper to acquaint the Board that in his opinion the Repeal of that Law would be very prejudicial to the Province. Whereupon the Lord Baltimore's Memorial of Jan. 11, as likewise the Minutes of Nov. 19, 1700, relating to that Law, were read. Whereupon ordered that the Lord Baltimore have notice to attend the Board on Monday next and Col. Blakiston and Col. Seymour were desired to attend at the same time.
Mr. Wharton, the Solicitor, desiring to know their Lordships' resolutions upon the proposal for importing Naval Stores from New England, a copy was given him of the Article in the Minutes of Jan. 20, which relates to that matter, as likewise of the amendments prepared in pursuance thereof, to be made in the draught of a Charter for that undertaking.
Mr. Wharton further desiring a copy of the complaints that lye before this Board against Rhode Island, but not producing any authority enabling him to submit the determination of those matters to H.M., he was ordered to do it, and promised to lay a memorial before their Lordships upon that subject. He also desired their Lordships to report upon his articles against Mr. Partridge, and that Mr. Bridger may be summoned to attend, in order to the Board's determining thereupon. Their Lordships were pleased to appoint Monday next for the hearing of that matter, and delivered to him a summons for Mr. Bridger to attend at that time; also ordered that a copy of the said complaint be sent to Mr. Vaughan, that he may attend likewise in order to offer what he may have to say in behalf of Partridge.
Letter from Lt.-Gov. Bennet, Aug. 4, 1702, read. Secretary ordered to acknowledge the receipt thereof.
Letter from the President and Council of Barbadoes read, [date of the letter not given. It was written Nov. 10, 1702] and enclosures laid before the board. Ordered that the letter be prepared wherein to enclose a paragraph of the foresaid letter to the Earl of Nottingham that the same may be laid before H.M.
An Additional Instruction signed by H.M., Jan. 7, to the Governor of Virginia, and another of the same tenour to the President and Council of Maryland, were laid before the Board.
Draught of a Representation for repealing an Act of New York [see Journal, Jan. 28], agreed upon.
Letters to Gov. Codrington and the President and Council of Barbadoes signed, and ordered to be recommended to the Post Master General, that they may be sent forward by one of Mr. Dummer's packet-boats supposed to be now at Falmouth.
Order of Council, Jan. 7 [q.v.], upon the petition of Robert Lee, read.
Two letters to Governor Lord Cornbury, and two to Governor Dudley, one to Governor Nicholson and one to the President and Council of Maryland, signed.
Jan. 27. of New York (see Jan. 25), signed. Their Lordships being informed that Mr. Thrale is appointed Agent for Virginia, ordered that he be desired to sollicit the Board of Ordnance that the arms now ready to be sent to Virginia, be dispatched by the first ships.
Letter from Mr. Penn, Jan. 25, relating to the Order of Council for the approbation of Col. Hamilton, read. Mr. Penn was acquainted that the Board have not yet received the said order, and without it could not regularly enter into the consideration of that matter.
Extract of a letter from Newfoundland, Nov. 25, was communicated to the Board by Mr. Blathwayt, and ordered to be taken into consideration with the rest of the business of Newfoundland.
Letter to the Earl of Nottingham, signed.
Letter from Col. Quary, Dec. 7, with enclosures, read. Directions given for preparing several queries to be sent to Mr. Penn for his answer. [C.O. 391, 15. pp. 385–395; and 391, 97. pp. 65–79.]
Jan. 25. 234. William Penn to the Council of Trade and Plantations. I am much surpriz'd to finde Directions or Instructions not only involved with the approbation [see Jan. 21], but made by farr the greatest part of the Order of Council, and the Approbation but five or six lines at the ends of 3 sides of a sheet of paper closely writt. I humbly beg of you the Approbation may be by itselfe; and that the rest of the Order may be an Instruction, not an Order, for the law of the Country cannot be augmented any more than diminished without a law, and sent to Col. Hamilton to be past into a Law; or I am sure it cannot answer the end, for the Law here is none there, being Locall, till made so by the Assembly of the Country. This I offer as my poor opinion, and beg it too as a favour, for the Queen's service will not be answeared by it, the most capable and wealthy of our Magistracy will be disobliged, who have but their labour for their pains. Let me once more begg your tenderness herein and to believe I am, Signed, Your respectfull friend, Wm. Penn. Endorsed, Recd. Read Jan. 27, 1702/3. Holograph. 2¼ pp. [C.O. 5, 1262. No. 22; and 5, 1290. pp. 289, 290.]
Jan. 25. 235. Minutes of Council of New Hampshire. Ordered that Theodore Attkinson pay to the Secretary 30l. within 20 days out of the Act of Impost and Tunnage money he hath received by virtue of that Act, being in part of Salary due to him.
Wm. Partridge was paid 58l. 14s. for entertaining H.E. and several gentlemen in January for three weeks or upwards. [C.O. 5, 789. p. 135.]
Jan. 26.
236. Council of Trade and Plantations to the President and Council of Barbados. Since our Secretary's letter of Nov. 13, we have received yours of Nov. 10. We are laying before H.M. what you write concerning the expense the Island has been at in fitting out vessels for the security of Trade, and your desire of some ships from hence for that service. Sir Bevill Granville, appointed H.M. Governor of Barbados, is gon to Portsmouth in order to embark, so that we have only at present to recommend to your care the general safety of the Island, referring you to him for H.M. particular pleasure and directions. P.S.— Your care is desired in sending forwards the inclosed to Bermuda by the first convenient opportunity. Signed, Robt. Cecill, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. [C.O. 29, 8. p. 284.]
Jan. 26.
From the Castle of Bermuda.
237. Mr. Larkin to the Council of Trade and Plantations. Since I was hurl'd betwixt these disconsolate walls, I am bold as oft as I can steal an oppertunity to give your Lops. the trouble of a letter to intimate my hard condition, and the barbarous usage I have met with since my coming into Mr. Bennett's government. Upon a Representation under the hands of the late Governor and Judge of the Admiralty, I caused a matter concerning one Tew to be enquired into, and it appearing upon oath that Thomas Hall, Richard Gilbert, John Dickeson and William Outerbridge, of these Islands, were part owners of the sloop in which Tew went a roving and received 4,000l. as their dividends, I desired the Governor and two of the Commissioners then present that they might stand committed until they gave security to answer it when and where H.M. should declare her pleasure. I have acted therein with all the caution and care I possibly could for the interest and service of the Crown, and deterring others from the like practices for the future, and I humbly hope I shall find your Lordships' countenance. I was threatened and challenged by several upon this occasion, and therefore craved the Governor's protection, and in less then a week he did it himself, tho' he knows I cannot give him the satisfaction of a gentleman by reason he is Governor, and I have great reason to believe he has put others upon it, and a Mustee, one of H.M. slaves, to swear against me in hopes to take away my life, and it was never known that a slave's oath was admitted here against a freeman before in civil or criminal matters; and because I granted a warrant for taking up the persons above mentioned, Mr. Anthony White, one of the Council, father-in-law to Dickeson, who stands bound by recognizances in the Vice-Admiralty Court here as an accomplice of Tew's, Charles Walker, his brother, with three or four more of the Council, whom White and Walker have an influence over, have prevailed with the Government to join with them in granting a warrant against me upon pretence of an indignity offered to the Duplicate of the Comon. for Jamaica on Oct. 2, being the night the Government imprisoned me, and on the 4th inst. the Marshall with a file of musqueteers seiz'd upon me and carried me prisoner to this forlorne place, where I am to remain in close restraint until H.M. pleasure be known; however, that the service upon which I am sent may not be frustrated or retarded, I have offered the Governor to give four substantial Gentlemen security for my surrendering myself to the Secretary of State upon my arrival in England to answer what they have to object against me, or go home a prisoner in any vessel he pleased, but that will not be granted, presuming that H.M. will give direction for my being tried here, wch. if H.M. should be inclined to, I cannot expect any manner of Justice. I have offer'd, my Lords, to give security not to stir off these Islands, but be a true prisoner in any house where the Governor shall think fit to place me under what centinells he pleases, that I'II not write to any persons (which is a thing he very much dreads), neither shall any person write for me to England until H.M. pleasure shall be known, provided I can have but necessaries, but this is not sufficient. I was extream ill on the 19th, and procured a writ of Habeas Corpus according to an Act of Assembly here in hopes to be admitted to bayl, but he that officiated as Clerk to the Justices, and came into the Islands a fidler in a Pyrates' ship, advised and persuaded the Justices to the contrary. The reason they gave was, because I was committed till H.M. pleasure was known. Here's vice versa by way of prevention with a witness to it. The Doctor would have made oath before the Governor that I was not in a condition to be sent by water without endangering my life, yet he would not suffer me to stay in town, but remanded me back to the Castle, which is a place not fitting for any person to be confined in, there being but one room, and the waves of the sea beat over the plattform into it in stormy weather. The proceedings here against me differ in few circumstances from the Inquisition till they come to the Rack—The Marshall is my Accuser. He has made an attestation against me, and although I gave my attendance according to the Governor's Order, and can prove that he forswore himself in every point, yet I was not admitted to be present or so much as to be heard, and the Justices of Peace have by order of the Governor deny'd to take affidavits in my behalf. I have three of the countrey and three souldiers placed upon me as a guard, and are strictly commanded not to let me stir out of my room or off the plattform, to pry into all my actions, deportment, words, yea, even my very countenance, and whosoever can say anything against me is encouraged and rewarded for it. I am not permitted to write to your Lordships, Mr. Secretary Hodges, Mr. Blathwayt, or any friend I have in England, or in these Islands, but by stealth, neither is anyone permitted to write to me, or to come to visit me. I prevailed with a Gentleman who was privy to all my transactions since my coming hither to go to England on purpose to lay before your Lordships the state of my case, but it no sooner reached the Governor's ears, but he and his Council found a means to imprison and bind him over to the Assizes, which is not till Christmas. They endeavour to fling all the dirt they can upon me, in hopes that some of it may stick, and think thereby to extenuate their own crimes. . . . I know your Lordships will never pass sentence on me before you hear me. . . . I have now procured another which I hope in a little time will be ready to sail. He'll bring copies of my papers together with a petition to H.M. and I humbly hope, as your Lordships were instrumental in sending me abroad, you'll be the same in procuring me a speedy release, [and] either to proceed upon the service or to return for England to answer it there; that the Governor may be ordered to grant me his Commission to examine my witnesses directed to such persons as I shall nominate, and what witnesses are willing to come home on my behalf (being not indebted), that they may not be retarded, and that the Secretary may give me authentick copies of what papers I have occasion for. And if I have an order I beg it may be sent by the first friggot bound to the West Indies. It's but little out of her way to call in here, or that two or three copies be made, one sent to the Governor of the Leeward Islands, one to the Secretary of Barbados, a third to Mr. Moor, Attorney General of Philadelphia, or Mr. Ling, Merchant in New York, directed to me; otherways I may lye here till I rot for ought I know, before I am set a liberty, it being the hard destiny of some, when they are once clapp'd up to be so forgotten as if there were no such men in the world. The sense of my condition is enough to make me melancholly, were I not assurred of H.M. great justice, high judgment and my own innocency. I have been here two and twenty days and never had but two hot meals meat. I would desire no greater favour but that the Governor and those that committed me might be ordered to attend the Queen and Council with me. It might be a means to prevent the like for the future. Quotes from letter of Nov. 7 th, 1702. Signed, Geo. Larkin. Endorsed, Recd. Read August 3, 1703. Addressed. Sealed. Holograph. 3 pp. Annexed,
237. i. Abstract of preceding. 1 p. [C.O. 37, 4. Nos. 18, 18.i.; and (without abstract), 38, 5. pp. 419–427.]
Jan. 26.
238. Council of Trade and Plantations to Governor Dudley. Enclosing memorial of Richard Wybird and Shadrach Walton [see Dec. 23, 1702], together with an extract of a letter from Mr. Partridge, Lt.-Gov. of N. Hampshire, which we desire you to enquire into, and to take care that Justice be done. As for the suspension of Mr. Jeffryes from being of H.M. Council, Mr. Partridge has not therein duly observed H.M. Instructions, which require that not only the charges against Councillors so suspended be transmitted to us, but likewise the proofs of those charges, and the parties' answers thereunto. We shall therefore expect more full information from you concerning the whole matter of these papers, with an account of your proceedings therein. Signed, Robert Cecill, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior. [C.O. 5, 910. pp. 372, 373.]
Jan. 26.
239. Council of Trade and Plantations to Governor Dudley. Since Nov. 13, we have received yours of Nov. 10. We enclose the copy of our report to H.M. upon that part of your former letter which relates to Rhode Island, and when any directions are given in that matter, we shall acquaint you therewith. But as the reducing of that and other Propriety Colonies under H.M. immediate Government cannot be otherwise effected than by the Legislative power of this Kingdom, the time is too far spent to expect it from this present session of Parliament. We did also represent to H.M. sometime since our humble opinion that you might have leave to receive the present of 250l. made you by the Assembly of New Hampshire, which was approved by H.M. We have transmitted what you write relating to the provisions and men for Jamaica, and are preparing a full report to H.M. of all the affairs of the Provinces under your Government, and more particularly of their state of defence. In the meantime you will continue to excite them to put themselves in a posture of defence proper to secure them against whatever attacks may be made upon them. We observe what you write concerning a salary, and shall take the properest occasion to lay that matter before H.M. Signed, Rob. Cecill, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior. [C.O. 5, 910. pp. 374, 375.]
Jan. 26.
240. Wm. Popple to Isaac Addington. Acknowledging letter of Oct. 10, 1702. [C.O. 5, 910. p. 376.]
Jan. 26.
241. Council of Trade and Plantations to Gov. Codrington. Since our Secretary's letter of Nov. 13th, we have received yours of Oct. 14th, relating to St. Christopher's, concerning which we expect a further account from you from Antigua. We enclose H.M. Order in Council, Dec. 17, repealing the Act of St. Christopher's for settling and strengthening H.M. part of the Island. And that you may the better understand the reasons of repealing thereof, we send you our Representation of Dec. 10. Though those reasons make it necessary to repeal the Act, yet we do conceive that some clauses in it, if more cautiously drawn, might be very fit to be re-enacted. For instance, upon the 5th head, though it be unreasonable to make void Patents for lands because of the non-improvement of such lands within three years from the date of those Patents, when there was neither any clause therein, nor any Law otherwise in force, to oblige Patentees to do it, yet it may be very fit that an Act be made to oblige them thereunto for the future; but not with any retrospect to the omissions before that time. And upon the 6th head, as we think it not fit that all patents granted to Papists since the beginning of the late wars should be made voyd, because of inconveniences that would thereby accrue to Protestants, so we judge it reasonable (in case any act of that kind be found necessary) that Papists should have some competent time allowed them for the selling of their estates before they be made liable to such forfeiture. These things we offer to your consideration.
And whereas you have desired us to move H.M. that she would give you leave to come to England, we do understand that some of your friends have undertaken to mention that matter to H.M., which is more proper for them; hoping nevertheless that in this time of danger, you will not think of so suddain a departure from those Islands, which stand in need of your care and presence. Signed, Robt. Cecill, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior. [C.O. 153, 8. pp. 134–136.]
242. William Popple to Lt. Gov. Bennett. Acknowledges letter of Aug. 4. [C.O. 38, 5. p. 332.]
243. William Popple to Wm. Vaughan. Enclosing Articles of Complaint against Lt.-Gov. Partridge [Jan. 19]. The Council of Trade and Plantations have appointed the person exhibiting to attend on Munday next; you may attend also with what you may have to offer on Mr. Partridge's behalf. [C.O. 5, 910. pp. 376, 377.]
244. Council of Trade and Plantations to Governor Nicholson. Since our letters of Nov. 4 and 11, we have not received any from you. The merchants trading to Virginia and Maryland not agreeing, as you did foresee, about the time for the sailing of the convoys, nor about the restraining or permitting ships to return from thence without convoy, H.M. has been pleased to give her directions according to the Instructions you will herewith receive. The arms and stores formerly appointed for Virginia are now ready; tho' they are not in the same quantity as you desired, yet they are as many as H.M. could conveniently spare; they will be sent to you by the first convoy, and we do not doubt but you will make the best use of them for the defence of your Government. Signed, Robt. Cecill, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior. P.S.—Your care is desired in sending forwards the inclosed letters to Maryland, New York, and the Massachusetts Bay, by the first convenient oppertunity. P.S.—March 25, 1703. We herewith send you two letters from the Earl of Nottingham relating to the French and Spaniards, upon occasion of the present war, not doubting of your care in observing the directions thereby given you within H.M. Province under your Government. [C.O. 5, 1360. pp. 363, 364.]
245. Council of Trade and Plantations to the President and Council of Maryland. We have received by the hands of Col. Blakiston the several Journals and Laws mentioned by Sir T. Lawrence, July 10 last. H.M. has been pleased to give her directions relating to convoys to Virginia and Maryland according to Instructions enclosed. (Cf. preceding.) H.M. has been pleased to appoint Col. John Seymour to be Governor of Maryland, and his despatches are accordingly preparing, so that it will not be long before he be ready to proceed on his voyage thither, and bring with him such further directions as may be necessary in relation to the affairs of that Province. We enclose H.M. Order in Council, Jan. 18, for confirming the Act for the Establishment of Religious Worship. Signed, Rob. Cecill, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. P.S.—March 25. As in preceding. [C.O. 5, 726. pp. 173–175.]
Jan. 26.
246. Extract of a Letter from Brigadier Collenbine [to H.R.H. the Lord High Admiral ?]. There's neither orders to embark my Regiment or to sayle, and it would be a great security to those ships bound to the West Indies to sayle with the Fleet designed for Portugall and to part in that Lattitude. I find not provisions made to enable me to perform what is expected of me in this Expedition. I have no Gunners, not one Engineer, no granades, or any utensils to break ground. I beg the time of my stay with Col. Codrington may be limitted, that I may not loose the opertunity to performe my part. ¾ p. [C.O. 318, 3. No. 10.]
247. Brigadier Colenbine to [? the Lord High Admiral]. [? Letter from which the above is extracted.] "To lett you see how willing I was to have any opertunity to serve H.M., I never did complain Col. Codrington was to command me in the West Indies, tho' I was Col. when he was a private Captain; Judge my inclination by that." Signed, V. Colenbine. Endorsed, R. Jan. 27, 1702/3. 2 pp. [C.O. 318, 3. No. 11.]
248. Governor Sir Bevill Granville to [? the Earl of Nottingham]. I left London according to your commands, but met here with contrary winds which still continue. I have the mortification not to find yet arrived the ship which has all my necessaryes on board both for the voyage and my subsistence when arrived at Barbados. She has bin long in the Downs, and has now a Frigat with her that has orders to be her convoy hither, as it must be the same wind to bring her which carries us away, and the difference will not be above two dayes, I hope the delay of so short a time will bring no prejudice to H.M. service, and we may have leave to wait for her. Signed, Bevill Granville. Endorsed, R. Jan. 28, 1702/3. Holograph. 3 pp. [C.O. 28, 38. No. 8.]
Jan. 26.
249. Council of Trade and Plantations to Governor Lord Cornbury. We have received your Lordship's letters of June 16, Sept. 24, four of Sept. 29, and one of Oct. 1. We are preparing a Report to be laid before H.M. concerning the state of defence of that Province and upon whatever else you write that may require H.M. directions. In this report we shall offer to H.M. our opinion for a supply of arms and ammunition, and for some assistance towards the charge of the fortifications, the success whereof we shall acquaint you with. But in the meantime we judge it very requisite that you use all proper endeavours to excite the Assembly to make provision for the charge of the fortifications on the frontiers which seem most necessary for the security of that Province. By the copy of our Representation inclosed in our forementioned letter, you will perceive we have already offered to her Majesty our opinion that Mr. Atwood, Mr. Weaver, Mr. Depeyster, Mr. Staats and Mr. Walters, whom you had suspended from the Council and other employments, be accordingly displaced, and that we have inserted in your Instructions the names of other persons recommended by you to fill up their places in Council. H.M. was thereupon pleased to appoint that Mr. Atwood and Mr. Weaver should be heard by their Council learned before H.M. in Councill, in their own defence. Upon which occasion, we furnished Mr. Thrale, your Lordship's Agent, with all papers that you had transmitted to us, relating to their proceedings in the matters objected against them, and a hearing having accordingly been had, you will perceive by the enclosed copies of H.M. Orders in Council, that they are displaced. The persons whose names we had inserted in your Instructions are made Counsellors. And the sentences against Col. Bayard and Alderman Hutchins are reversed.
In perusing the papers transmitted to us with your Lordship's letters we were surprized to find many of them subscribed by Mr. Honan as Secretary. We remind your Lordship that we wrote to you concerning the character of this man before your leaving England, and that your Lordship answered us Dec. 21. We leave this to your Lordship's consideration, not doubting but you will judge it necessary that the person who exercises a place so considerable as that of Secretary of the Province, should be of unblemished credit and reputation. We further offer to your Lordship that the only means to preserve the Province and promote H.M. service there will be that your Lordship will use your utmost endeavours to extinguish all animosities which have so unhappily divided the Province. P.S.—The inclosed letters for the Massachusetts Bay, Maryland and Virginia are recommended to your Lordship's care that they may be sent forwards by the first convenient oppertunity. Signed, Rob. Cecill, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. [C.O. 5, 1119. pp. 349–352.]
Jan. 26. 250. Council of Trade and Plantations to Governor Lord Cornbury. In answer to your Lordship's letter of Sept. 29 upon the Acts passed in April and May, we herewith send a copy of the Representation which we laid before H.M. relating to those Acts, as likewise a copy of H.M. Order in Council thereupon, both dated Dec. 31st, by which you will perceive that H.M. has, upon our Report, been pleased to disallow all the Acts against which you have objected, and that the Act for continuing the Commissioners of Accounts for one year longer, being the only one without exception, will of course remain in force till that time be expired. We also inclose a list of Acts of New York during the Government of the Earl of Bellomont and Capt. Nanfan, which have not yet been either confirmed or repealed. We desire your Lordship to consider them very carefully in H.M. Council at New York, and to report to us your own and the Council's opinion upon each of them respectively with relation to H.M. service and the interest of that Province. P.S.—Since the writing of this letter, upon consideration of the Act for declaring the Town of East Chester to be a distinct Parish etc., and of the reasons offered to us against it by the Rt. Rev. the Lord Bishop of London, we have prepared a report to be laid before H.M. with our humble opinion that the same be disallowed. Signed, Rob. Cecill, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. Annexed,
250. i. List of Acts of New York, 1691–1701, referred to in foregoing letter. [C.O. 5, 1119. pp. 352–358.]
Jan. 27.
251. Council of Trade and Plantations to the Queen. We humbly lay before your Majesty an Act past in the General Assembly of New York, Oct. 26, 1700, entituled an Act for declaring the Town of East Chester in the County of Westchester a distinct parish from the Town of West Chester, upon which having consulted the Right Rev. the Lord Bishop of London, and his Lordship having declared to us his opinion that the same is prejudicial to the Church in that (without establishing any fixed maintenance for a Minister in the Town of East Chester) it does impeach a former Act, which did make a convenient settlement for the Ministers of that and several other Churches therein named; we humbly offer that your Majesty would be pleased to declare your disapprobation and disallowance of the said Act. Signed, Weymouth, Dartmouth, Robt. Cecill, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. [C.O. 5, 1119. p. 362.]
Jan. 27.
252. Council of Trade and Plantations to the Earl of Nottingham. Enclosing extract of letter from the President and Council of Barbados, Nov. 10, for H.M. direction therein. Signed, Weymouth, Wm. Blathwayt, John Pollexfen. Endorsed, Sent to the Admiralty, Jan. 29. 1 p. [C.O. 28, 38. No. 9; and 29, 8. p. 285.]
Jan. 27. 253. Minutes of Council of Jamaica. Whereas the wife of Bulley, the rebellious negro chief of the Cockling Pond gang, hath been entertained by Col. Sadler upon her promise to deliver up Bulley to the hands of Justice, this Board desires Col. Sadler to give assurance to her that notwithstanding it appears that she has corresponded with the Rebels, yet if she effects what she promises, she shall have a free pardon.
Jan. 28. Previous warrant (Jan. 19) to the Commissioners having been lost, ordered that another be issued.
Ordered that the Earl Galley fireship be refitted.
11l. 8s. 9d. paid to William Lewis, one of the Church Wardens of Kingston, on account of money advanced by him for the relief of French prisoners at 15d. per diem.
H.M. Proclamation for a Day of Thanksgiving in England read. Proclamation that a Public Thanksgiving be held in this Island on H.M. birthday, ordered. Mr. Bennett, Rector of Port Royal, was ordered by the Governor to call such of the Clergy together as he thinks fit to prepare a form of prayer in both respects suitable to the occasion,
Jan. 29. In pursuance of the Order of Sept. 1st last, ordered that Sir James del Castilloes be paid 200l. (to make up the 500l. allowed him). [C.O. 140, 6. pp. 119–121.]
Jan. 27. 254. Minutes of Council in Assembly of Jamaica. Major John Ellis and Francis Rose were returned for the parish of St. George. The former was sworn a Member of Assembly.
Petition of several inhabitants of Port Royal against the Act to prevent the resettling of Port Royal read and ordered to lie upon the Table.
The above Bill was sent up amended, and passed with amendments, and sent down.
Jan. 28. A Conference of the two Houses was held upon the above Bill. Francis Rose was sworn a Member.
The Bill to prevent the resettling of Port Royal passed the House with amendments and was sent up and read a first time. [C.O. 140, 6. pp. 430–434.]
Jan. 28.
255. William Popple to William Bridges. The Council of Trade and Plantations desire an account from the office of H.M. Ordnance of what ordnance and ordnance stores have been sent to Barbados in pursuance of their letter of Oct. 13. [C.O. 29, 8. p. 286.]
Jan. 28.
256. William Popple to William Penn. The Council of Trade and Plantations send you the enclosed copy of a paper which they have lately received from Pennsylvania, being the answer of the Members of Three Upper Counties to the Lt.-Gov. and Council, signed by David Lloyd, John Swift and others, and to desire you to explain the meaning of a expression therein, signifying the willingness of those Members to act as an Assembly in a Charteral way. They also desire copies of the several Grand Charters which they understand were lately granted by you in Pennsylvania, and they have further directed me to send you the enclosed paper of queries, drawn by their direction, unto which they desire your answer. Upon consideration of your letter of 25th inst. and of a draught of H.M. Order in Council therein referred to, they see no reason for any alteration to be made in that Order, the matters therein contained being such as relate equally to the due administration of Justice and to the good Government of the Province of Pennsylvania. Annexed,
256. i. Queries proposed to Mr. Penn by the Council of Trade and Plantations, Jan, 28, 1702/3. (a) Who is the present Naval Officer in Pennsylvania. By what authority does he act? What are his Instructions or Directions for the execution of his office.
(b) Whether there be any Court in Pennsylvania (other than the Court of Admiralty established by the authority of the Lord High Admiral) which takes upon them to hear and determine informations upon seizures for breaches of the Acts of Trade and Navigation and other Admiralty causes And by what authority any such Court acts?
(c) What information have you received from Pennsylvania of ships coming thither directly from Curasao with European and East India goods, and of other ships designed for Curasao with tobacco from Pennsylvania?
(d) Whether any of those ships have been tried and condemned, and in what Court?
(e) What information have you received of ships going from Pennsylvania to Rhode Island with illegal trade? [C.O. 5, 1290. pp. 294–296.]
Jan. 28.
257. William Popple to Sir Edward Northy, Attorney General. The Council of Trade and Plantations desire your opinion upon the papers that will be laid before you by Mr. Usher; (i) Whether the assignee of Robert Mason has a right to the waste lands in the Province of N. Hampshire. (ii) What lands in that Province are to be reputed waste lands. (iii) By what methods H.M. may put the said assignee into the possession of such waste lands as shall appear to belong to him in that Province. [C.O. 5, 910. pp. 377, 378.]
Jan. 28.
258. Journal of Council of Trade and Plantations. Upon further consideration of Col. Quar's letter etc., Dec. 7, Ordered that a copy of the answer of the Members of the Three Upper Counties to the Lieutenant Governor and Council be sent to Mr. Penn, and that he be desired to explain an expression therein signifying their willingness to act as an Assembly in a Charteral way. Ordered that Mr. Penn be desired to let this Board have copies of the several Grand Charters which were lately granted by him in Pennsylvania. Queries, ordered yesterday, approved. And upon more particular consideration of Mr. Penn's letter, and the perusal of the draught of an Order of Council therein referred to, Ordered that the Secretary do signify to Mr. Penn that their Lordships see no reason for any alteration to be made in it, the matters therein contained relating equally to the due administration of Justice and to the good Government of the Province of Pennsylvania.
Mr. Usher pressing their Lordships for a report upon the petition of Samuel Allen, their Lordships ordered the papers, received from him the 18th inst., to be returned to him, that he may wait upon Mr. Attorney General therewith, and with a letter which their Lordships further ordered the Secretary to write to Mr. Attorney. See preceding abstract.]
Jan. 29. Petition of several merchants trading to New England, against the Charter applied for by Sir M. Dudley etc., read.
Memorial from Mr. Phipps also read.
Four Acts of Mountserrat, 1696 and 1697, read and no objection being found against any of them, notes were accordingly taken.
Six Acts of Mountserrat, 1702, and ordered to be sent to Mr. Attorney General for his opinion upon the first of them only in point of Law, and no objection appearing against any of the rest, notes were taken thereof accordingly. [C.O. 391, 15. pp. 395–399; and 391, 97. pp. 81–86.]
Jan. 28.
259. Minutes of Council [in Assembly] of Barbados. The President acquainted the Board that the Attorney and Solicitor General had signified to him that they could find no president of any Commission for the trial of spies, and that the nature of a Court Martial for trying the supposed spies required some further consideration, and therefore desired the trial might be put off. The Attorney and Solicitor General said that the trial must be done by warrant from the President directed to a certain number of Commission Officers, not less than 13. Ordered that the said French prisoners be tried on Munday next, and that letters issue to all the field officers to meet then. Lt.-Col. Wills acquainted the Board that several of the soldiers had deserted and carried away their cloaths and arms, and desired that care might be taken to apprehend them, and desired the Board that if any of their new listed men should prove to be servants, their masters might have them again, and that they should all be drawn out on the deck in order to be viewed by any person that had lost any servant. Ordered that all due care be taken for apprehending and bringing in all such men as have deserted H.M., in order to their being punished accordingly.
The President acquainted the Board that he had delivered to Judge Rees a Commission to be Chief Judge of the Court of Common Pleas for the precincts of St. James, with blanks for the Assistants, and ordered him to put in the same Assistants that were of that Court before; but, notwithstanding, he had put in others, without any orders or acquainting him therewith. Ordered that a new Commission issue appointing the old Assistants.
Ordered that the Regiment under Col. Abel Alleyne begin on Munday to do duty in the Bridge Town by sending a Company to guard the prisoners and forts every week, until the whole Regiment have roll'd through, [? as] the other Regiments have done before. [C.O. 31, 6. pp. 373–375.]
Jan. 28.
260. Minutes of Council of Maryland. Ordered that H.M. Justices of Annapolis take care to see the Act for keeping good rules and orders in the said Town put in due execution, and that they keep their Courts regularly according to Act of Assembly. [C.O. 5, 745. p. 13.]
Jan. 28. 261. Minutes of Council of New Hampshire. Ordered that the Secretary make a copy of the several answers to the several complaints exhibited against this Government to the Council of Trade and Plantations, one of which is concerning the raising of 550l., and that the Copy be signed and sent to England to our Agents or the Council of Trade and Plantations, as shall seem most meet, with all expedition. [C.O. 5, 789. p. 137.]
Jan. 29.
262. Brigadier Colenbine to the Earl of Nottingham. My zeal for H.M. service is so great that nothing on my part shall obstruct it, let me command or be commanded by home shee pleases etc. Signed, V. Colenbine. Endorsed, R. Jan. 30, 1702/3. Holograph. 2 pp. [C.O. 318, 3. No. 12.]
Jan. 29.
263. William Popple to Sir Edward Northey (Attorney General). The Council of Trade and Plantations send you the Acts of Mountserrat, passed in an Assembly of June 13th last, and desire your opinion in point of law only upon the first of them, entitled An Act for quieting men's estates etc. [C.O. 153, 8. pp. 136, 137.]
Jan. 29. 264. Mr. Phipps to the Council of Trade and Plantations. The Colony of New England being extensively exposed to the insults of the French and Indians, I humbly desire that for the security of that Colony your Lordships would lay before H.M. the necessity of dispatching the 200 men for the garrison of Pemaquid which you were pleased to represent as needful, and also the cannon and stores, which about two years ago you thought proper to be sent thither. There having been several prizes taken from the French it will be necessary that a Commission for Judge of the Admiralty in the room of Mr. Atwood be granted either to Mr. Nathaniel Byfeild. whom the Governor represents as a fit person, or to such other person as your Lordships shall recommend, and the Lord High Admiral esteem better qualified for that office. I have seen a draught of a Charter of Incorporation prepared to be granted to Sir Matthew Dudley and others for supplying the Crown with Naval Stores, and presume to remind your Lordships that they endeavoured to obtain such Charter in the late King's time, and it was opposed on behalf of the Massachusetts as a thing that would destroy their trade, and impoverish their inhabitants, and after a full hearing before H.M. in Council a stop was put to it. I conceive the grant of waste lands and mines therein mentioned would be void, and that no waste lands or mines within the boundaries of the Massachusetts Government can be granted to such new Corporation or to anyone else, they being all granted already in express words to that Government by their Charter. Therefore I hope it will not be thought unreasonable to make their stay till I can write to New England and receive Instructions concerning a matter of the last consequence to them. Signed, Con[stantine] Phipps. Endorsed, Recd. Read Jan. 29, 1702(3). 1½ pp. [C.O. 5, 862. No. 148; and 5, 910. pp. 378–380.]
Jan. 29.
265. Secretary of New Hampshire to Governor Dudley. We have advice from our Agents in England that a complaint has been exhibited against us before the Council of Trade and Plantations concerning an Act made by the Lieut.-Governor, Council and Assembly for raising 550l., and their Lordships having commanded our said Agent's attendance were pleased to inquire what that money was raised for, what those agrievances mentioned therein were, and why the Act was not sent home to their Board according to H.M. Instructions. Our Agents made answer that they had no Instructions about that matter, nor knew anything but that the Act had been sent home, but would write over about it. Our answers are, that the 550l. was raised for the defraying the public charge of the Province more particularly mentioned in the preface of the Act, that is to say, 1st, 300l. for employing a person to lay before H.M. the great grievances of the Province, and thereupon an Agent was chosen and sent over from hence to England accordingly; 2ndly, to make good to Sir Henry Ashurst 100l., which was for his service and disbursements in his late Agency for this Province; 3rdly, the remainder of the 550l. to be employed for the payment of the Province engagements already made, that is, to pay those debts that were contracted on account of the Province while there was no money in the Treasury, and promised to be paid out of the next rates and assessments made by the General Assembly. As to the great grievances of the Province, they are particularly mentioned in a Memorial, which together with an Address from the Lt.-Gov., Council and Representatives were sent over to England by our Agent, Major Wm. Vaughan, to be presented to his late Majesty. [See Cal. 1702.] As 1st, our erecting and maintaining a fortification on Great Island, at the mouth of Piscataqua River at the sole charge of this Province, whereas this Port and River are equally beneficial and belonging to H.M. Province of the Massachusetts, and the charge of fortifying and defending the same ought to be borne by both Provinces in equal proportion to their estates and abilities, tho' the situation for the principal part of the fortification seems to be most natural on our side of the river; 2ndly, the discouragements and disquiets our inhabitants have met with from the claims and pretences that have formerly been made by Mr. Mason and of late by Mr. Allen, to the Propriety of the Province, whereas besides the expense of much blood, the loss and charge sustained in the defence of the Province during the two late wars has far exceeded the intrinsique value of the lands; 3rdly, the supplying 40 men to New York in case of a war, or an equivalent in money would be an extraordinary burthen to this Province, the very yearly subsistence and pay of 40 men amounting to a greater sum then this poor Province could ever yearly advance both for the support of the Government and their owne defence in the hottest time of the late war, and these are the grievances, which we humbly hope her most sacred Majesty will in due time give us some relief in. As to the Lieut.-Governor's not sending home that Act, he saith it being a temporary Act, and expired before their Lordships could receive it, it was thought by the Council, with whom he advised about it, unnecessary to send it home, and the King's Instructions directing in the matter being in the Earl of Bellomont's hand were never communicated to the Lieut.-Governor by him, but carried to New York with him, from whom the Lieut.-Governor could never obtain a copy, tho' often desired and promised by the Earl of Bellomont to be sent, so that the Lieut.-Governor was in the dark, having no Instructions to direct him in that matter until the arrival of Col. Dudley.
And now, Sir, because we think it proper that all things from this Government should pass through your Excellency's hands, we have sent the foregoing complaint from our Agents with our answers, and pray your Excellency by the first opportunity to send the same to them or to the Council of Trade and Plantations. Signed, Cha. Story, Secy. p. order. Endorsed, Recd. Read April 5, 1703. 2½ pp. [C.O. 5, 863. No. 9.]
Jan. 29. 266. Duplicate of preceding. [C.O. 5, 863. No. 9.i.]
Jan. 29. 267. Petition of merchants trading to New England and other Provinces adjacent to the Council of Trade and Plantations. The Charter applied for by Sir M. Dudley and others will be destructive of the trade of the Provinces concerned and tend to the undoing of many of the inhabitants, and be a very great prejudice to all merchants and traders to those parts. Pray the Board to delay report until Petitioners and the several Governments have been heard. Signed, Joseph Paice, Richard Mico, Saml. Du Bois, Henry King, Thomas Blettsoe, Danl. Puckle, Tho. Sandford, Saml. Sparry, Wm. Crouch, Richd. Bisley, Robt. Hackshaw, James Roissie, James Berry, Tho. Holmes, John Love, Era. Camfield, Edwd. Whitehall, He. Mason, Nicholas Oursel, Dav. Waterhous, George Ball, Giles Fifield, Peter Coffin, Nicholas Hopping, John Metcalfe, John Ive. Endorsed, Recd. Read Jan. 29, 1702(3). 1 p. [C.O. 5, 862. No. 149; and 5, 910. pp. 381, 382.]
[Jan. 29.] 268. Minutes of Council in Assembly of Jamaica. Bill to prevent the resettling of Port Royal was read a second and third time, passed and received H.E.'s consent. The House desired the Governor that the Bill be published at St. Jago de la Vega, Port Royal and Kingston.
Jan. 30. Joint-Committee of the two Houses appointed to consider how to provide for the suffers at Port Royal. [C.O. 140, 6. pp. 434–436.]
Jan. 29. 269. Minutes of Council of the Massachusetts Bay. H.E. Governor Dudley being returned yesterday from the Province of New Hampshire acquainted the Council with the discourse he had with four Indians that waited upon him there with a message from the Eastern Sachems manifesting their resolution to continue the peace, and desiring a supply of provisions and cloathing for Trade, and that he had dispatcht some provisions etc. from thence and from Newbury. Mr. Treasurer was directed speedily to forward a further supply.
Information being given to the Board of several Frenchmen, being strangers, that walk at large in the town of Boston, now in this time of war being come, it is said, from Rhode Island, Ordered that all Frenchmen within the said Town being strangers do render themselves and give in their names and places of residence unto the Sheriff of the County of Suffolk within 24 hours after publication of this order, at their utmost peril, that they may give an account of themselves etc. and order be taken for the disposal of them. All H.M. subjects are strictly forbidden the concealing of any such or harbouring of them.
H. E. said that it was necessary for H.M. service he should speak with a General Assembly before the Spring come on; and there being more than six months passed since the death of King William, he could not meet the Assembly now in being that were called for his said late Majesty's writs, and therefore he thought fit to issue a Proclamation for dissolving of the Assembly now in being, and to give direction for the calling of a General Assembly by her present Majesty's writs to sit upon March 10 next.
640l. 11s. 9d. paid to Capt. Southack and the crew of the Province galley for service from March 27—Dec. 15, 1702. 414l. 2s. 4d. paid for fitting her out last summer.
58l. paid to Col. Charles Hobby on account of H.E.'s journey to Piscataqua.
169l. 3s. paid to Capt. George Turfrey and his Company, garrison of H.M. Fort Mary at Saco, April 22—Oct. 22, 1702.
James Robe, Mariner, of Boston, being seized upon with his sloop at Cape Ann, by virtue of a warrant from H.E. on suspition of his being about to carry supplies to H.M. enemies the French, was carried before the Board and several papers read. Ordered that he be bound with sureties in 100l. personally to appear at the next Court of General Sessions of the Peace held at Boston for the County of Suffolk.
6l. 10s. paid to Stephen Belding and Samuel Allen for conveying two Frenchmen prisoners from Deerfield to Boston.
304l. 14s. 2d. due to the garrison of H.M. Castle paid.
46l. 16s. paid to Major Benjamin Davis, apothecary, for a medicine chest for the Province galley.
A Proclamation for a General Fast to be kept Feb. 18 upon consideration of the severe and mortal sicknesses and the deaths thereby, and the continuance of the war in Europe, was signed by H.E.
Accounts of Capt. Wormal, H.M. Fort at Casco Bay, committed. Advised, that H.E. order Capt. Cyprian Southack to take up a suitable vessel to be forthwith equipped, armed and manned, not exceeding 46 men in number, for guarding of the coast, and that the Treasurer supply provisions for 6 weeks' victualling. [C.O. 5, 789. pp. 477–480.]
Jan. 30. 270. Account of men on board H.M. ships and those who have died or deserted since the voyage to the West Indies. Signed, Wil. Whetstone. 1p.
Men entered. Dead. Deserted.
Canterbury 264 72 12
Bredah 289 174 62
Defyance 221 123 21
Windsor 183 85 23
Norwich 192
Greenwich 189
Pendennis 146 71 24
York 222 34
Kingston 210 93 10
Colchester 170 24 16
Gloucester 191 76 23
Dunkirk 201
Bristoll 166 65 13
Ruby 166 50 13
Falmouth 160 61 15
Seahorse 48 32 8
Strombolo fireships 45 17 8
Earl galley 22 4 26
Herman 30 2 26
Carcass bombs 19 12 10
Serpent 16 5 2
St. Antonio, sloop 15 3 2
[C.O. 318, 3. No. 9.]
Jan. 30. 271. Christian Lilly to [? the Earl of Nottingham]. Signed, Christian Lilly. Duplicate of letter to Council of Trade and Plantations Jan. 3. supra. Endorsed, Recd. March 13, 1702/3. Holograph. 3 pp. [C.O. 137, 45. No. 40.]
Jan. 31.
272. Peter Beckford to William Popple. Acknowledges letter of Nov. 13th, delivered to me 28th ult. by our present Governor, Col. Handasyd, at the same time I received one from their Lordships with the good news of the great success of H.M. arms in Europe, for which a public day of Thanksgiving is ordered thro'out this Island. H.M. Proclamation and their Lordships' Orders thereon were directed to me, so I suppose their Lordships might not have been in formed of a Privy Seal which passed in June last constituting Col. Handisyd Lt.-Gov. of this island, in obedience to which I delivered him up the Government Dec. 4 last. Signed, Pe. Beckford. Endorsed, Recd. 13th, Read 15 March, 1702/3. ¾ p. [C.O. 137, 5. No. 92; and 138, 10. pp. 419, 420.]
[? Jan.] 273. Memorial from the Earl of Peterborough. It is the request of the Earl of Peterborow to be put into a way to have those men mustered which his Lordship has entertained in H.M. service for the West Indies. No signature or date. ¼ p. [C.O. 137, 45. No. 36.]
[? Jan.] 274. Draught of Instructions for our Right Trusty and Right Well-beloved Cousin Henry, Earl of Peterborough and Monmouth. Whereas we have appointed you Commander in Chief of the Forces we have sent to Jamaica, or that shall be sent thither, and whereas it will happen that by the death or other vacancy of several officers and soliders there will be a remainder of the pay directed by the establishment of our said forces which ought not to be disposed of otherwise than by our especial order; we do therefore hereby authorize and empower you to apply such pay or subsistence in provisions or otherwise accruing by the death or other vacancy of such officers or soldiers towards the raising and maintaining a troop or troops of dragoons for our service in the West Indies under your command, the whole number whereof shall not exceed 300, provided always there be no additional charge arising to us over and above the establishment of our said forces, and that they be mustered from time to time according to our Regulations in that behalf; whereof you are to give us a constant account for our Royal approbation of your proceedings therein. No signature or date.1½ pp. [C.O. 137, 45. No. 35.]