America and West Indies: March 1703, 22-25

Pages 281-296

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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March 1703, 22-25

March 22. 489. Mr. Champante to the Council of Trade and Plantations. I am not at all surprised at the ill account your Lordships have received of the last cloathing sent to New York; I had the honour to know my Lord Cornbury very well before he left England, and from the several differences between us, I could not expect a better representation then I find is come. The cloathing were consigned to H.M. Governor in Chief, as by the Bill of Lading, which his Lordship is pleased to term a scrap of paper etc., will appear. A private commission, unknown to Mr. Nanfan, was issued for the examination of them, the first of which was M. Fauconier, a Frenchman and a bankrupt here, though now thought by his Lordship the properest manager of H.M. Revenue there etc. Refers to the ordering of the cloathing; see Cal. 1701. The clothese were as good as any and better then the most ever bought for that service, as the tailor and packer can satisfy your Lordship. I also had them examined by several gentlemen (names given) who compared them with the respective sealed patterns etc. Signed, J. Champante. 3¾ pp. Annexed,
489. i. Charges and rates of the double cloathing provided for the Four Companies of New York. 1 p. The whole endorsed, Recd. Read March 23, 1702/3. [C.O. 5, 1048. Nos. 45, 46; and 5, 1119. pp. 432–438.]
March 22.
490 Journal of Council of Trade and Plantations. The Lord Baltimore presented to the Board the draught of a proviso to be added to an Act of Maryland for setling the bounds of land, in order to the preserving of his rights, which he conceives to be thereby infringed, as likewise a paper of reasons against another Act for securing executioners and administrators from double paying of debts, which being read their Lordships acquainted him that the same ought to be considered by the Governor and Council in Maryland and their answer received before any report can be made here, whereupon he withdrew the said papers in order to some alterations, which may make them more fit to be transmitted thither.
Letter from Mr. Warr with enclosed circular letters to some of the Governors of Plantations, read. Ordered that the Secretary acquaint Mr. Warr that it may be requisite the like letters be sent to Bermuda as likewise to all the Proprietary Governments.
Two Instructions to Col. Handasyd relating to the setling of the Revenue in Jamaica, the one to be communicated to the Council and Assembly, the other for his own private direction, being also received from Mr. Warr, ordered that the same be enclosed in the letter already directed to be writ to Col. Handasyd.
Their Lordships entered upon the consideration of the Order of Council of March 4 relating to the salaries of Governors, and gave some directions in order to the preparing a report thereupon.
March 23. The Secretary laid before the Board a letter which he was lately ordered to write to capt. Lilly, which was approved of and ordered to be sent.
Letter to Lt.-Governor Handasyd signed.
Ordered that a postscript be added to the letter to Governor Codrington of the 18th inst.
Ordered that the Secretary write to Governor Sir Beville Granville.
Mr. Attorney General's opinion upon an Act of the Leeward Islands for naturalising Col. Hamilton read. Representations thereon signed.
Mr. Champante presented his answer to the extract of Lord Cornbury's letter of Dec. 12, together with an invoice of the cloathing, which were read. He further laid before the Board Mr. Attorney General's opinion relating to actions brought by Col. Bayard and Alderman Hutchins of New York against the Judges or the Grand Jury by whom they were lately tried, which was also read. Their Lordships agreed to transmit the same to the Lord Cornbury, that he may take such care therein as may be proper.
The Lord Viscount Weymouth acquainting the Board that Mr. Hodges, who some time since had frequently attended this Board in relation to some concerns in Barbadoes, being now about to repair thither, did desire their Lordships' letter of recommendation to Governor Sir B. Granville, that he may have fair and impartial justice done him in any suits of Law which he may there have occasion to prosecute, a letter was accordingly ordered to be prepared.
Order of Council, March 20, read, whereupon Mr. Thurston, Agent for the Companies at Newfoundland, was ordered to attend to-morrow.
Order of Council, Dec. 17 last, read.
Two Orders of Council, Jan. 14, read.
Order of Council, Feb. 25, read.
Order of Council, March 4, approving an Act of the Leeward Islands, read.
March 24. Other letters being sent hither from the Earl of Nottingham's office to the Proprietors etc. to the same effect as those mentioned March 22, ordered that postscripts be added to letters to them for transmitting the same.
Ordered that a copy of Mr. Champante's memorial relating to the cloathing last sent by him to N. York, and of the invoice annexed to it, be given to Mr. Thrale.
Ordered that a letter be prepared from the Board to the Lord Cornbury to inclose to him Mr. Attorney General's opinion about actions brought by Col. Bayard and Alderman Hutchins.
Mr. Thurston attending according to appointment, a copy of the Order of Council, March 20, relating to the defence and security of Newfoundland and the supplies to be sent thither this season, was delivered to him, and he was directed by their Lordships, pursuant to the said Order, to solicite the speedy despatch of that affair through all the offices as necessary, and give a frequent account thereof to this Office.
Their Lordships agreed upon the draught of a report relating to the affairs of New York, and ordered it to be transcribed. [C.O. 391, 16. pp. 36–45; and 391, 97. pp. 237–246.]
March 22. 491. Journal of Assembly of Jamaica. Bill for quartering the private soldiers was read and past the first and second time.
Message sent up to the Governor and Council to desire that no more disbursements or provisions may be allowed pursuant to the request and vote of this House on Jan. 14, except what shall be for the support and maintenance of the soldiers at H.M. Forts remaining on the place where Port Royal stood.
March 23. Act for continuing H.M. private soldiers in quarters was read and passed the third time and sent up.
Amendments to the Bill for encouraging the importation of white servants, read, and passed the first and second and third times and sent up.
Bill to impower Commissioners to inquire into the proceedings on laying the taxes at Port Royal was read the first and second times. [C.O. 140, 7. pp. 27, 28.]
March 22. 492. Minutes of Council of Virginia. H.E. communicated the letters from the Council of Trade, Nov. 4, 1702, and from H.M. Aug. 20, signifying that he should cause 3,388l. 3s. 4d., the cost of stores of war ordered to be sent, to be paid out of H. M. revenue of quit-rents by transmitting bills of exchange. Warrant signed on Mr. Auditor for said sum.
H.E. communicated H.M. proclamation for a Thanksgiving (Nov. 11), and what he intended to say to the House of Burgesses on that subject etc.
The Board taking into consideration that there are diverse ships left in this country not yet loaden, and conceiving it necessary for their security in their return for England, ordered that an embargo be laid until May 13th. The Council was of opinion that the ships of this country and Maryland should sail together, and to that end that the President and Council of Maryland be acquainted with these proceedings. Capt. Bostock, Eagle advice boat, was despatched back to Maryland to forward the ships there with this object. He was recommended to careen there.
Upon reading a letter to H.E. from the President and two of the Council of Maryland, together with diverse affidavits transmitted therewith relating to diverse irregular and unwarrantable proceedings and actions of Capt. Nathaniel Bostock, ordered, in compliance with their desire as well as for the above reasons, that he return to Maryland, that he may there be called to account.
March 23. John Low of the County of Nansemond by his petition complaining of diverse abuses offered to him by Daniel Sullivan and Henry Jenkins in beating and threatening him, the said complaint is referred to H.M. Council at Law, to prosecute the said Sullivan, Jenkins being a member of the House of Burgesses.
The similar complaint of Jenkins against Low and Thomas Godwin and his son Joseph Godwin, was referred to H.M. Council at Law to prosecute them.
Ordered that the Naval officers make up their accounts with the Treasurer to the 25th of this month.
March 24. A Proclamation for a day of Publick Thanksgiving, for the great and glorious successes of H.M. arms by sea and land, was approved. [C.O. 5, 1412. pp. 46–49.]
March 22. 493. Minutes of Council in Assembly of Virginia. The Assembly attending, H.E., addressed them:—H.M. hath been graciously pleased to honour me with her Royal commands concerning a Public Day of Thanksgiving, which I will read to you. It is a very great satisfaction to me that what I proposed to you on March 20th is agreeable to H.M. commands. I will read you part of a letter I have received from the Council of Trade and Plantations, and H.M. Order for 3,000 odd pounds for stores and provisions of war. I recommend to you what their Lordships write about servants when free having a gun and 20s. I design, God willing, to go to meet their Excellencies Governor Lord Cornbury and Governor Dudley either soon after the General Court, or in the Fall, and when we meet I hope I shall endeavour what in me lyes that it may be for the advantage etc. of this Dominion. I do most heartily recommend to you to consider of the ways and means of my doing of it. What their Lordships were pleased to recommend to my care to encourage the Natives of this Country for the fitly qualifying themselves for the office [s] thereof, I do most cordially recommend to you, one way to accomplish which I think will be by encouraging H.M. Royal College of William and Mary, the accounts of which are lately adjusted by a Committee of the Trustees and Governors thereof, and I think that I ought to let you have them that you may see how the money etc. hath been disposed of, and therefore now give them to the Honble. Mr. Speaker. Another way will be by establishing to the several offices such salaries, fees etc. as that they may live comfortably and genteely upon them. I recommend to you a petition presented to me, and give you the Report of the Committee for Revision the Laws, with the said Laws, but whether you will go upon them now or refer them to some other time, I wholly leave to yourselves.
The House prayed for a new writ for election of a Burgess of Surry County, Major Tho. Swan elected for both Surrey and Nansimond Counties, having chosen to sit for the latter.
March 23. Paul Hurrelson, an alien, took the oaths appointed in order to his naturalization. His petition therefor was referred to the Burgesses.
A petition of the French Refugees at Manican Town, and a petition of John and Stephen Gill for naturalisation, referred to the Burgesses.
Petition of Mrs. Mary Rider, praying that the Keeper of the Ferry at Hog Island may be prohibited to land his passengers on her Plantation read, and referred to the Burgesses.
Petition of John Holt for the keeping the Ferry from Hogg Island to Archershope referred to the Burgesses.
The Burgesses acquainted the Council that they had appointed Thursday in Easter week for a day of Public Thanksgiving. H.E. concurred.
March 24. See preceding abstract under date.
Grievance of King and Queen County referred to the Burgesses.
Petitions of James Minge and David Stoner, Edward Ross, Thomas Francis and John Goodale referred to the Burgesses. [C.O. 5, 1412. pp. 465–469.]
March 22. 494. Journal of House of Burgesses of Virginia. Upon the report of the Committee of Elections, the House resolved that the following Burgesses were duly elected:—
Col. William Randolph and Capt. Francis Epps, for Henrico County.
Richard Bland and Capt. Joshua Winn, Charles City County.
Capt. Nathaniel Harrison and Major Thomas Swan, Surrey County.
Capt. Arthur Smith and Thomas Giles, Isle of Wight County.
Major Thomas Swan and Capt. Henry Jenkins, County of Nansemond.
Col. James Wilson and Thomas Hodges, County of Norfolk.
Col. Edward Moseley and Major Adam Thorowgood, Princess Anne County.
Major Anthony Armistead and Capt. William Armistead, Elizabeth City County.
Col. Miles Cary and Capt. Robert Hubbert, Warwick County.
Capt. Thomas Barbar and Lt.-Col. Thomas Ballard, York County.
Benjamin Harrison and George Marable, James City County.
Joseph Foster and James Mosse, New Kent County.
Col.John West and Capt. Thomas West, King William County.
Col. William Leigh and William Byrd, King and Queen County.
Major Peter Beverley and Lt.-Col. James Ranson, Gloucester County.
Col. Gawin Corbin and Edwin Thacker, Middlesex County.
James Baughan and Richard Corington, Essex County.
Capt. William Robinson and Major David Gwyn, Richmond County (but that the Sheriff, William Downman, be sent for in custody of the Messenger of this House to mend the return, the words not being agreeable to law. But that the Speaker do not issue his warrant until further order).
Capt. Rice Hoe and Capt. Richard Fossaker, Stafford County.
Charles Ashton and Henry Ashton, Westmorland County.
John Burbervise and Capt. William Ball, Lancaster County.
And see preceding abstract under date.
Petition of Thomas Godwyn, jr., complaining of an undue election in Nansemond County read and referred to the Committee of Elections.
Petition of the freeholders of James City that a writ may issue for election of a Burgess for the said City according to Law and their usual privilege was debated, and refused.
Richard Morris, John Remington, Anthony Evans and Richard Strickland appointed doorkeepers.
A Committee for Public Claims appointed, and a Committee for Propositions and Grievances. Resolved, that all propositions, grievances and public claims be brought into the House by Monday next, or not to be received this Session.
March 23. Several claims and propositions referred to Committee.
And see preceding abstract under date.
March 24. Upon report of the Committee of Elections, resolved that James Waddy, Sherif of Northumberland County, be sent for in custody of the Messenger to answer the charge of Christopher Neale for an undue return of John Harris, Burgess for the said County.
Resolved that Capt. Henry Jenkins is duly elected Burgess for Nansemond County, and Benjamin Nottingham and Jacob Johnson Burgesses for Northampton County.
Several claims, petitions and grievances referred to the Committees.
And see preceding abstract under date.
Petition of David Stoner referred to next Session. [C.O. 5, 1413. pp. 6–16.]
March 23
495. Council of Trade and Plantations to the Queen. We herewith humbly lay before yr. M. an Act past in the General Assembly of ur. M.'s Leeward Charibbee Islands entituled An Act to naturalize Coll. Walter Hamilton upon which we have consulted your Majesty's Attorney General in point of law; and finding that the effect of the said Act will reach no further than to confer on the said Hamilton the priviledges of a natural born subjects of England within the said Islands only, and being also informed that the said Hamilton has signalized himself in divers occasions for the service of the Crown in those parts, and particularly in the late occasion of St. Christophers, we humbly offer that yr. Majesty would be pleased to confirm the said Act with your royal approbation. Signed, Weymouth, Dartmouth, Rob. Cecill, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior. [C.O. 153, 8. p. 155.]
March 23.
496. Council of Trade and Plantations to Governor Handasyd. We have received your letter of Feb. 3rd, which is the first letter we have had from you; though we have understood from other hands, that it was then about two months since you had taken upon you the administration of the Government of Jamaica, pursuant to H.M. commission in that behalf. We did expect after your entrance on that Government to have had a more particular account of all things relating thereunto, as well with respect to the Civill as Military part thereof, pursuant to his late Majesties commission and instructions to Brigtadeer Selwyn, by which you are directed to act; but this letter gives us no account of anything whatever. If you had already writ anything of this kind by a former letter, which may have miscarryed, you ought to have sent a duplicate thereof by some other conveyance, which is a rule directed by your instructions to be constantly observed. In this letter you mention indeed the fire that happ'ned at Port Royal Jan. 9th, but so little you say of it to us, as does not answer so extraordinary an occasion, and tho' you send us the foresaid Minutes of Councill which doe in part relate to some proceedings upon that accident, yet you do not acquaint us with the effect of those proceedings, not do you send us the Journal of the Assembly as you are directed by your instructions. We must also observe to you, that in the foresaid Minutes of the Journal of the Councill, we observe an order in the words following, vizt.: Ordered, that the Receiver General buy up two pipes of Madera, two haggsheads of ale, glasses, pipes, tobacco and candles, to be put and remain in the King's house for the use of the Governour. And likewise another order in the words following vizt.: Ordered that the Receiaver General buy up for the use of the Governour a handsom bed and bedstead, with all other furniture suitable for a lodging room, and that the Receiver General and Mr. Morton immediately take care about it; which are matters not fitly treated of in Councill, nor is the Queen's revenue to be disposed of to particular persons; so that we desire you to explain the occasion of those orders which seem to use very irregular. We send you here inclosed two instructions under H.M. Signet and Sign Manual, relating to the setling the Revenue of Jamaica, one of which you will observe is to be communicated to the Councill and Assembly; the other is only for your own private direction in case the Assembly do not comply with what is required by yt, which you are to communicate. Your utmost care and dilligence is therefore requisite in observing the directions thereby given you, a good conclusion of that affair being of the highest importance for H.M. service in that Island. And wherease by one of H.M. said instructions, you are directed to send a vessell express to Europe with information of your success therein, we judge it may suffice that you take the first opportunity of Mr. Dummer's packet-boat to give H.M. information of that matter.
Further you will here inclosed receive two letters from the Earle of Nottingham. Signed, Weymouth, Rob. Cecill, Ph. Meadowns, Wm. Blathwayt, John Pollexfen, Mat. Prior. [C.O. 138, 10. pp. 429–432.]
March 23.
497. William Popple to Governor Sir B. Granville. The inclosed letters from the Earl of Nottingham, relating to the French and Spaniards upon occasion of the present warr, having been communicated to the Council of Trade and Plantations, and left with them to be sent forwards; their Lordships have commanded me to put them both under one cover, as I now do. P.S.—I am directed in the same manner to desire your care in sending forwards inclosed letter to the Lieut.-Governour of Bermuda. [C.O. 29, 8. p. 294.]
March 23. 498. William Popple to Capt. Lilly. The Lords Commissioners for Trade and Plantations have ordered me to acknowledge the receipt of your letter of Feb. 3rd, and to acquaint you that they are very well satisfyed with your care, in giving them so particular an account of the late fire at Port Royal; they also further desire you from time to time (especially upon extraordinary occasions) to continue to give them any information which you may judge proper for their knowledge in order to H.M. service assuring you that the same will be always very acceptable. [C.O. 138, 10. p. 433.]
March 23. 499. Minutes of Council in Assembly of Jamaica. Resolution of the House sent up desiring that no more disbursements be allowed pursuant to the vote of this House on Jan. 14, except what shall be for the support and maintenance of the soldiers at H.M. Forts remaining on the place whereon Port Royal lately stood.
Bills to continue H.M. soldiers in private quarters, and for the better encouragement of the importation of white servants sent up.
Ordered that Col. Lawes, Col. Lowe and Col. Sadler be summoned to attend the Board to-morrow to the end there may be a full Council to consider it.
March 24 Mr. Jenkins and Mr. Quelch were sworn to give their accounts to the Assembly of provisions furnished to the poor and the soldiers at Port Royal.
Bill to continue soldiers etc. read the first, second and third time and passed.
Bill to impower Commissioners to inquire into the payment of taxes at Port Royal sent up.
Message sent up inquiring what has become of several Bills that have been sent up by the Assembly, Easter being so nigh.
March 25. The House attending, the Governor passed the Bill to continue H.M. Private soldiers in quarters, and them prorogued the Assembly till April 12. [C.O. 140, 6. pp. 458–460.]
March 23. 500. Minutes of Council in Assembly of the Massachusetts Bay. Report upon the proposals of James Russell and William Payne read.
March 24. H.E. communicated to the Council H.M. commands for a Publick Thanksgiving for the glorious successes of H.M. arms. Advised, that April 8 be the day appointed.
Ordered that the report read yesterday be drawn into a Bill.
The Representatives concurred with the vote concerning Mr. Ruggles, March 19.
Order of the Representatives upon the petition of the town of Halfield, appointing a Committee to discover the bounds, and to run the line between Hatfield and North Hampton, read and concurred with so as that a General Surveyor be appointed, and that he or his Deputy join with the said Committee therein and report the same.
Bill for further continuing of the apportioning of the tax granted by Act of Assembly at their last Session, sent up, was read a first time.
March 25. Bill, in addition to the Acts now in force for granting and continuing several duties, was read three times, passed and sent down.
Bill, for continuing of the apportioning of the tax granted by Act of Assembly at their last Session, was read, debated and, with some reform proposed, sent down.
Bill sent up for better inquiry into the rateable estate of the respective towns, in order to regulate the public taxes, was read twice and negatived. The Bill was sent back to the House with a message proposing another method.
A motion was sent up from the Representatives for essaying the taking of Port Royal and places adjacent, and read.
Message sent down, desiring that the said motion may not be discoursed of out of the House, and to be informed whether the House be unanimous therein and have a prospect that the encouragement proposed will take in their countrys, H.E. apprehending that 1,000 men and two ships of good force may be sufficient for that service, being joined with some of the privateers.
4l. paid to Daniel Smith, of Charlestown, gunsmith, for new muskets and mending arms for a detachment of soldiers against the Indian enemy in the time of Sir Edmund Andros.
A resolve for the establishment of officers and soldiers' wages, sent up, was read. [C.O. 5, 789. pp. 806–808.]
March 24. 501. Attorney General to the Council of Trade and Plantations. In obedience to your Lordship's commands signifyed to me by Mr. Popple Jan. 28th, I have considered of the matters to me referr'd, and do find that King James I by Letters Patents under the Great Seal of England bearing date at Westminster Nov. 3rd, in the eighteenth year of his reign, did give, grant and confirm to severall persons (by the name of the Councill established at Plymouth in the county of Devon for the planting, ruling, ordering and governing of New England in America) who were thereby incorporated by that name, and their successors and assigns for ever, all that part of the main land in America, lying between the degrees of 40 and 48 north latitude, to be held in fee as of the Mannor of East Greenwich in the county of Kent, with many great priviledges, royalties and immunityes under certain conditions and limmitations in the said Letters Patents expressed, and that John Mason Esq. by virtue of a grant from the said Corporation under their Common Seal, bearing date Aprill 22, 1635, was estated in Fee of sundry great tracts of land in New England (then intended to be and since called by the name of New Hampshire) to be enjoyed as fully and freely to all intents and purposes whatsoever as the said Corporation by vertue of the said Letters Patents might have held and enjoyed the same as by the said Letters Patents and grant it may and doth appeare. Samuell Allen Esq. is well entituled to the said Province of New Hampshire by virtue of a Grant bargain and sale thereof to him made in or about the month of Aprill, 1691, by John Tufton Mason and Robert Tufton Mason who were entituled to the same under the will of the said John Mason. Therefore I am humbly of opinion that the said Samuell Allen (assignee of the said John Tufton Mason and Robert Tufton Mason) hath by vertue of the said grants a good title to the waste lands in the said Province of New Hampshire, and that all lands lying uninclosed and unoccupyed are to be reputed waste lands, and the said Mr. Allen may enter into and take possession of the same, and that if he be disturbed in the possession thereof it would be proper for him (H.M. having Courts of Justice within the said Province) to assert his right and punish the trespassers, by legal proceedings in those Courts, and that it will not be proper for H.M. to interpose in this matter, unless the question concerning the right come before H.M. by appeal from the judgements, that shall be given in the Courts in the said Province, save that it may be reasonable, as I conceive, to direct that, (if Mr. Allen insist on it) on the tryalls that may be had for settling his right to the said Province, the matters of facts relating to his and the title of others claiming the same lands may be specially found by the Juryes that shall be impannelled in the said tryalls, that the matters of fact may appear before H.M. if appeals shall be made from the judgements that shall be given in the said Province. Signed, Edw. Northey. Endorsed, Recd. March 25th, Read April 25, 1703. 2 pp. [C.O. 5, 863. No. 14; and 5, 910. pp. 446–449.]
March 24.
502. H.R.H. the Lord High Admiral to the Queen. H.M. having been pleased by her Order in Councill, to referr unto me the Petition of Sir Matthew Dudley, Barronet etc., setting forth that they and many other H.M. subjects, being informed and fully satisfyed that all sorts of naval stores might be made and produced within H.M. Territories and Dominions of New England or Plantations adjacent; and that several gumms, mines and minerals were discovered and might be wrought there, and being of opinion that such naval and other stores will be of great service and benefit to the Crown and this nation, especially in times of war, and therefore being ready and willing at their own charge to begin and carry on a design so usefull to the publick, they humbly pray a Charter of Incorporation for the purposes aforesaid, under such name and with such priviledges as shall be necessary; I have considered of the allegations, and desires of the aforesaid gentlemen, and as I must entirely submit that part thereof, which relates to their being incorporated to H.M. consideration, so doe I, as to the other, report to H.M., that in case the gentlemen concerned will contract with the principal officers and Commissioners of the Navy, to supply H.M. stores with certain quantities of pitch, tarr and other naval commodities of the production of that country, at a cheaper price or at least not exceeding those had from other parts, and of such quantities, as that they may be as proper for H.M. service, as those purchased from the east country, the said Board are ready to enter into contract with them accordingly; but then it is necessary that the gentlemen, who shall soe contract, be obliged to import masts of the largest size, such as are now furnished to H.M. by Mr. Taylor and Mr. Wallis, because masts of those dimensions cannot be had from any other parts; but I think it proper further to observe to H.M. that tho' upon a survey taken of the Naval Stores which were provided by the late Lord Bellomont at New York, and lately brought to England, they doe not appear so good in their kind as those he had from the East Country, yet considering all things the charge of them does very much exceed the Naval Stores of those species, furnished to H.M. from other parts; and in case H.M. shall think it reasonable to encorporate the gentlemen concerned in this affair, the greatest caution ought to be had, for obliging them not to raise the price of naval commodities, which if they doe, it may tend greatly to the prejudice of H.M. service, and a proviso ought to be also inserted in the Charter obliging them to lett H.M. have the refusal of all such naval stores as they shall from time to time import at the market price. Signed, George. [C.O. 5, 910. pp. 459–462.]
March 24.
Castle of Bermuda.
503. Mr. Larkin to the Council of Trade and Plantations. Refers to letters of Jan. 16 and 26th. A fortnight ago I saw the Governor's Instructions to the Commander of this Castle, which were not to suffer any person whatsoever to come upon the Castle during my confinement. This severe usage is in hopes to send me after Col. Day; the instruction the Governour and Council put upon the last order H.M. was graciously pleased to send for his returne for England broke his heart; he never held up his head afterwards. I am apt to believe, my Lords, that the Governor and Council begin now to be sensible of their error in deteining me here, for on the 5th inst. they sent me an order, to which if I would have condiscended, I might have been at liberty, but finding it contrary to my instructions, I sent them word that I could not comply with it, and should choose rather to wait upon your Lordships' leisure then accept of my liberty upon those terms. On the 13th, the Governor sent me word that if I would give security to answer what was objected against me on H.M. behalf in England, I might depart upon H.M. service. I immediately nominated two Gentlemen, which the Governor accepted, but still deteins me here a prisoner; and understanding that the Governor had received a copy of my letter of Aug. 19 to your Lordships from Mr. Popple, I sent to the Commander of the Castle and desired him to acquaint the Governor that I could with very little difficulty prove every material paragraph in it, and also by undeniable evidence controvert what he and his Council had been labouring six months to prove against me, and that if he would be pleased to issue his Commission for that purpose, let him nominate whom he thought fitt a Commissioner, I would appoint another. On the 17th the Governor and Council made an order that the Justices should meet on 23rd at the Flatts by 8 in the morning to take such proofs as I proposed to make. When the Commander of the Castle brought it me, I told him that as soon as I was at liberty, if the Governor would nominate one Commissioner, I would appoint another, and when I had copies of what was against me, I would make good what I had said to him. As to the Justices, they had deny'd to take affidavits in my behalf, of which I had already acquainted your Lordships, that seaven of the Justices were particularly mentioned in my letter to your Lordships, an eighth had petitioned against me touching a matter that I was an absolute stranger to, there was two more Justices, let the Governor take which of them he pleased; that the Flatts, which is ten miles up in the country was a very improper place, because I should have occasion for several things out of the Secretary's office which could not be carried to the Flatts without a great deal of trouble; besides most of the witnesses I had to examine at St. Georges. I heard nothing further till the 23rd, and then the Commander of the Castle came to me about 6 in the evening to acquaint me that the Justices stayed for me at the Flatts. I immediately dressed myself, and being attended with two soldiers as my guard, walked it, and one went before to let them know that I was coming to wayt upon them, and when I came within half a mile of the Flatts, I met him in his returne, and he told me that they were all gone; so that your Lordships may see after what a base, scandalous and villainous manner I am treated here. I do assure your Lops. I have not taken what I gave your Lops. an account of in my several letters upon trust; if I could have had a Commission as I proposed, I should have made it out all with a great deal more upon oath. If I had not my own innocency and God's protection, it would be hard for me to stand out against their stratagems and conflicts of malice; what their reproaches (which issue out of their mouths and hearts as easily as smoke and sparks do out of a furnace) want of trueth they make up with number and shew etc. I verily believe some of them don't care if the islands were under the dominion of the Turk, provided that pyracy, and that which they call a Free-Trade were encouraged; 'twas the original of the difference betwixt them and their late Governor, Mr. Day, which he often told me in his life-time. Anthony White, one of the Council, declared before the Governour and myself that he would not give his consent to the hanging of any pyrate during the war etc. Refers to enclosure. Signed, Geo. Larkin. Endorsed, Recd. 19th, Read July 20, 1703. 3 pp. Enclosed,
503. i. Abstract of preceding. 1 p.
503. ii. Copy of an anonymous letter sent to Governor Bennet upon his arrival in Bermuda. You may conclude the Council and Justices are prict out by Walker, White, Spofferth, and Dickeson, for they be the leaders; whatever they propose, the rest will say Amen, and if they come to outvote you in Council, then they suppose they have gained the point, and will carry business their way, so that in time will make you of a Governor as they have occasion, as they have done by several Governors. So soon as they find your Excellency will not be bearded, as Col. Goddard used to say, then they'I begin to article against your Excellency. It is much if they don't give you invitations to their houses, and endeavour that you shall run yourself upon some business that will appear like the ruin of some person proposing great advantage to your Excellency, and this under a cloak of Religion etc. As for Walker the Witt, he had a smooth sly way of carrying himself, pretending what he never intends; White the Hippocrite will soon discover what he is by multiplicity of words and backbiting his neighbours, with a smiling dissembling countenance, pretending abundance of religion, that got a woman with child and then perswaded his son to be marryed to her, his son understanding the matter was very angry with his Father, so that old White thought he should be discovered, gave out that his son was mad, soon contrived to chain him up, and when a passage offer'd, delivered him aboard a ship by a company of a womman that he pretended love to, and so was sent for England and put into Bethlehem, and there soon dyed. Spofferth, the Tobacco Cutter, hath a smooth, false tongue; takes notice what Governors say and in what company, and keeps a Journal for evidence. Dickeson, the Commander of Clip Castle, is as false as the rest etc. etc. further scandal as to their private lives. Endorsed, Recd. July, 1703. 2 pp. [C.O. 37, 4. Nos. 19, 19.i., ii.; and (without enclosures) 38, 5. pp. 400–406.]
March 24. 504. Minutes of Council of Jamaica. Ordered that the goods now remaining in H.M. Fort Charles, which were saved out of the fire att Port Royal, and have no owner to clay me them, be immediately carried to Kingston, and there sold by public outcry, and that the money therefrom arising be distributed by the Commissioners to the poor people sufferers in the fire, who have removed to Kingston, and remain there.
36l. 16s. paid to Captain Francis Hislop, Capt. of H.M. traine of artillery, for salary from Nov. 1—Jan. 31.
17l. 11s. 6d. paid to the same for money spent on materials etc.
March 25. 50l. paid to Alexander Brookes on account of lime for building H.M. prison at St. Jago de la Vega.
68l. 2s. 6d. paid to John Wickham for salary as gunner at 2s. 6d. per diem. [C.O. 140, 6. pp. 135–137.]
March 24. 505. Journal of Assembly of Jamaica. Act to appoint Commissioners to inquire into the taxes at Port Royal read a third time and passed.
And see preceding abstract under date.
March 25. Ordered that the Clerk write a copy of the Minutes for the Governor and sign them, from the time his Honour last had them.
Ordered that the Clerk and Messenger be recommended to the Governor and Council for their satisfaction out of the Treasury. [C.O. 140, 7. pp. 28–30.]
March 25.
506. Council of Trade and Plantations to Governor Lord Cornbury. Enclosing the Attorney General's opinion [March 8] upon the actions brought by Col. Bayard and Alderman Hutchins, which may serve for the information of your Lordship and other persons concerned in judicial proceedings. Signed, Dartmouth, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. [C.O. 5, 1119. pp. 440, 441.]
March 25.
507. Council of Trade and Plantations to the Earl of Nottingham. Enclosing extract from a letter of Lord Cornbury relating to Canada. Signed, Dartmouth, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. [C.O. 5, 1119. p. 441.]
March 25.
508. Council of Trade and Plantations to Lord Granville. Having received from the Earl of Nottingham circular letters to the respective Governors of all H.M.'s Plantations relating to the French and Spaniards upon occasion of the present war, we herewith send your Lordship those which concern H.M. Province of Carolina and the Bahama Islands, desiring your Lordship to transmitt the same to those Plantations and give such further orders thereupon as may be convenient. Signed, Dartmouth, Ph. Meadows, Wm. Blathwayt, Jon. Pollexfen, Mat. Prior. [C.O. 5, 1290. p. 308.]
March 25.
509. William Popple to William Penn. The Council of Trade and Plantations having received from the Earl of Nottingham circular letters to the respective Governors of H.M. Plantations, relating to the French and Spaniards upon occasion of the present war, they have commended me to send you the two inclosed which are directed to yourself and the Commander in Cheif of H.M. Province of Pennsylvania for the time being, and to desire your care in transmitting the same to Pennsylvania, and giving such further orders thereupon as may be proper. [C.O. 5, 1290. p. 309.]
March 25.
510. William Popple to the Governor and Company of Connecticut. Transmitting, two letters from the Earl of Nottingham relating to the French and Spaniards upon occasion of the present war, "the contents whereof you are carefully to observe in H.M. Colony of Connecticut." [C.O. 5, 1290. p. 310.]
March 25.
511. Council of Trade and Plantations to the Earl of Nottingham. Enclosing extract of letter from Lord Cornbury relating to Canada. Signed, Dartmouth, Ph. Meadows, William Blathwayt, John Pollexfen. 1 p. [C.O. 42, 13. No. 5.]
March 25.
512. Council of Trade and Plantations to Governor Dudley. Enclosing 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; and a letter to Governor and Company of Rhode Island, covering others to the same effect. Acknowledge receipt of letter of Dec. 10. [C.O. 5, 910. p. 375.]
March 25.
513. Journal of Council of Trade and Plantations. Ordered that the Secretary do send to Capt. Matthews or Mr. Thrale for a list of what accoutrements are wanting for the Four Companies at New York.
Letters and postscripts written enclosing Lord Nottingham's Circular Letters to Governors.
Letter to Governor Lord Cornbury enclosing Mr. Attorney General's opinion on Bayard and Hutchins' action signed, and ordered to be sent to Mr. Champante, that he may transmit the same to New York as he thinks fit.
Letter to Lord Nottingham enclosing extract of Lord Cornbury's letter of Sept. 29 about the Indians, which relates to Canada, signed.
Mr. Thurston laid before the Board a paper explaining an error in the computation of provisions for the soldiers at Newfoundland annexed to the Representation of the 19th inst., relating to their supplies, whereupon the Secretary was ordered to give him a copy of the account annexed to that Representation, and at the foot of it to add a memorandum that there is an omission of four men in the computation of those provisions, there being in the said Company 92 officers and soldiers besides gunners.
Their Lordships took into consideration the draught of a report to be made relating to the salaries of Governors of Plantations, and the presents made them by Assemblies, and made some progress therein. [C.O. 391, 16. pp. 46–48; and 391, 97. pp. 249–251.]
March 25. 514. Minutes of Council of Virginia. Thomas Merriweather, High Sheriff of the County of Essex, appearing to answer the complaint of the Justices of the Peace of the said County for refusing to produce his levy book, and render an account of his Collection pursuant to an Order of the Court, Ordered that it be referred to the Court of the said County to order payment to be made to the several parties aggrieved of the quantities of tobacco due to them in sweet-scented and Aronoco tobaccoes according to the proportion of those kinds of tobacco made in that County. Mr. Francis Merriweather, Clerk of Essex County Court, appearing to answer the complaint of the Justices of Peace for refusing to enter an Order of Court as they directed, the Council were unanimously of opinion that his refusal was a high contempt of the authority of the Court and a neglect of his duty; but in regard this is the first complaint that has been made against him, ordered that he acknowledge his fault in Court, and enter the same upon the Records. He declared that for the more ease of the Court of Essex County, as well as of himself, he was desirous to quitt his office of Clerk, whereupon H.E. and Council superseded the above censure, and recommended to Mr. Secretary to commissionate some other fit person for Clerk of the said Court. [C.O. 5, 1412. pp. 49–51.]
March 25. 515. Minutes of Council in Assembly of Virginia. Grievance of Norfolk and Stafford Counties, and petitions of Samuel de Minville, for naturalisation, and of James Adams, Interpreter, for salary, referred to the Burgesses.
H.E. and Council proposed that a Joint-Committee be appointed to inspect the building of the Capitol, and to consider of the necessary measures for the compleatly finishing and furnishing the said building. And because the finishing thereof before next winter will save at least 200l. charge to the country, that it be recommended to the said Committee to agree upon such proper methods as will best advance the said building, and also to appoint some fit person to take charge of the same when finished. The Burgesses agreeing, a Committee was appointed.