America and West Indies: March 1703, 26-31

Pages 296-309

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, 26-31

March 26. The Council met and adjourned.
March 27. Petition of Mr. Secretary Jenings praying the direction of the Board touching the removing the Records of his office, the place appropriated for them in the Capitol not being as yet finished, referred to the Burgesses.
Petitions of Mr. Jenings, Tho. Blunt, Interpreter, for allowances, referred to the Burgesses.
Resolution sent down proposing the establishment of a Ferry between Tindal's Point and West Point, from Coppohosick to the land of Capt. Baldwin Matthews. [C.O. 5, 1412. pp. 470–472.]
March 25. 516. Journal of House of Burgesses of Virginia. Christopher Neale was allowed to withdraw his complaint upon the election of Northumberland County.
Major Arthur Allen, charged with a breach of privilege committed at the election of Surrey County, was sent for in custody of the Messenger.
The propositions and grievances of Norfolk and Stafford Counties not being attested as the Law directs, were rejected.
Several propositions and grievances were referred to the Committees.
And see preceding abstract under date.
March 26. Mr. A. Armistead granted leave to return home.
March 27. Resolution of the Council referring to the Ferry, and Mr. Jenings' petition referred to Committee.
And see preceding abstract under date.
Major Arthur Allen's petition read. Ordered that the process for bringing him in custody be stayed, and that he attend on Wednesday to answer the charge against him, with other evidence. [C.O. 5, 1413. pp. 16–20.]
March 26. 517. Minutes of Council of the Massachusetts Bay. 10l. paid to Mr. John White, Chaplain to Port Mary at Saco, for ten weeks' service. [C.O. 5, 789. pp. 493, 494.]
March 26. 518. Minutes of Council in Assembly of the Massachusetts Bay. Additional Duty Bill sent up with the concurrence of the Representatives.
Bill for the better inquiry into the rateable estate of the respective towns was returned by the Representatives with a message that the House insisted thereon. It was again read and the Council reasumed their former vote and passed a concurrence thereto.
H.E. proposed a Conference with the Representatives upon their motion sent up yesterday referring to the insulting of Port Royal, which was held. H.E. said that he accepted the motion as a great and good service for H.M., and for the repose of this country, and apprehended it feasible to be put in execution, if the House be unanimous and steady to promote the same, and would agree to make up by a detachment so many soldiers as the number of volunteers should fall short of 1,000 land forces. And conference being had upon the whole of that affair, it was left to consideration of the House.
The Bill for continuing of the apportioning of the tax granted by the last Assembly, being sent up from the Representatives with their agreement to the Reform proposed, was read, and a concurrance passed thereto.
Report of the Committee upon the proposals of William Chalkhill, was read, the said report being in favour of an agreement for 5,000l. only, and that in pence.
March 27. The Representatives sent up their former motion for the taking of Port Royal and places adjacent, with a message that they had considered what had been offered at the Conference, but could proceed no further therein than according to their first proposal.
The motion was read: "Whereas we are daily infested by the enemy liveing at Port Royal and likely to be deprived of our provisions that we have our great dependance upon for our subsistance by their vessels that are continually taking their opportunitys to surprize the same, and are thereby forced to be at great cost and charge to provide ships and forces for our security therefrom, we are of opinion that an essay should be made for the takeing of Port Royal and the places adjacent, and that encouragement be given to such volunteers as may present to engage in that service by allowing them all the plunders thereof, saving the rights of H.M., and that the Province shall supply them with victuals for carrying on the said expedition. Which motion was consented to by the Council, with this addition, that what men are wanting of volunteers to make up 1,000 be drawn out of the several Regiments in the Province, and that there be three ships and a necessary number of vessels, also 300 sailers taken up for the service, that so noble a work may not be offered at and faile on our parts. Sent down to the Representatives and returned back with their non-agreement to the said addition.
Bill against the diminishing and counterfeiting of money was sent up, read a first and second time, and passed to be engrossed.
Bills for the better enquiry into the rateable estate of the towns, for apportioning the tax, and continuing duties, sent up, were read and passed. H.E. gave his consent, and signed them.
95l. 13s. 9d. paid to James Russell and the Committee appointed to imprint and sign the Bills of Credit, according to a report of the Representatives who proposed the thanks of the Court to these gentlemen for their faithful care and prudence in managing this affair.
Ordered that the Committee proceed to sign the other 5,000l. of the 10,000l. Bills of Credit ordered by the last Assembly.
The difference continuing betwixt Col. Romer, H.M. Engineer, and Capt. Timothy Clarke, of the Committee for the Fortifications on Castle Island, notwithstanding endeavours used to take up the same, whereby the carrying on the works is obstructed, the Council are of advice that Col. Romer be encouraged to proceed in those works and Capt. Clarke be dismissed, and that Thomas Brattle do continue to undertake the service of providing materials and necessaries for the workes. Which vote being sent down, was returned with the vote of the Representatives, that they saw no just cause for diminishing of Capt. Clarke, yet if H.E. and Council see it necessary, they do consent that the works at the Castle be carried on by Col. Romer and Thomas Brattle, rather than the work should cease.
The Report of the Committee upon the proposals of Mr. Chalkhill was sent down to the Representatives and returned with their resolve, that it be accepted and that a Committee be appointed to draw articles of agreement with him, and that the convenants and engagements of the Committee in this affair should be ratified by this Court. This resolve was not agreed to, but referred to consideration at the next Court, if then offered.
The vote of the Council, March 13, for accepting the Report of the Committee about erecting a fortification at Pemaquid sent down to the Representatives, was sent up with a non-acceptance thereof by that house.
5l. paid to Stephen Minott for firewood etc. for this Court.
Bill against diminishing money, sent up, was read and passed, and received H.E.'s consent.
Ordered that the Acts passed this Session be published in Boston on Monday, March 29, by the Sheriff, at twelve a clock, with beat of drum.
H.E. summoned the Representatives and dissolved the Court. [C.O. 5, 789. pp. 808–812.]
March 27. 519. Governor Lord Cornbury to the Council of Trade and Plantations. Having left New York in order to go into New Jersey on the 10th of August, I arriv'd at Amboy on the 11th, and that day published my Commissions for the Government of that Province, having been met by several of the Gentlemen of the Council, and some of the Proprietors; the next day I proceeded to Burlington, where I arrived on the 13th after noon, it being between fifty and sixty miles from Perth Amboy. I immediately published my Commission there, and would have had a Council that night, but some of the Gentlemen of the Council were ill with riding, it being a very hot day, but the next morning I called a Council, where there appear'd ten of the thirteen, of which the Council was to be composed, in pursuance of H.M. instructions to me; Mr. Hunlock and Mr. Leonard being dead, before I received H.M. Commission and Instructions for that Government, and Mr. Andrew Bowne was not able to travel so far; after I had taken the Oaths and subscribed ye Test and Abjuration, I administered the same to as many of the Gentlemen of the Council as were willing to take them, that is, Mr. Morris, Mr. Reuell, Mr. Pinhorne, Mr. Walker, Mr. Leeds, Mr. Sandford and Colonel Quary, but Mr. Fennings, Mr. Davenport and Mr. Deacon, being Quakers, said they could not take an Oath, and claim'd the benefit of the Act of Parliament passed in the seventh and eighth of King William; this begot some debate among the other Gentlemen of the Council, one of them saying that he was of opinion that ye Act above mentioned was not intended by the Parliament of England to ease the Quakers any further than only in cases where they were to be witnesses in Courts of Judicature, where their declaration was to be sufficient, but he said he did not believe it was ever intended they shou'd be by that Act entituled to hold any employment in Government; he further said, that the Act by which the Abjuration Oath was enacted, had no exception in it, and that that Act having been passed long after the Act by which the Quakers were eased, and no exception for them in it, he thought they ought to take that oath. The Quakers insisted not only upon the Act of the seventh and eighth of the late King, but likewise said, that they knew I had instructions to admit them into any offices or employments which they should be found capable of (by this I found, that the information I had formerly had, was true, that is, that Mr. Morris had brought a copy of my Instructions with him into the Province, when he came from England) I look'd into my Instructions, and found that in the 49th paragraph I am commanded to administer, or cause to be administered the Oaths therein mentioned to the Members and Officers of Council and Assembly, and to all Judges, Justices, and all other persons that hold any Office or Place of Trust or Profit in the said Province, and without which I am not to admit any person whatsoever into any publick office; this I thought was very plain against the Quakers, but they desiring me to look farther, I found in the 52d paragraph these words: "And whereas we have been farther informed that in the first settlement of the Government of our said Province, it may so happen that the number of inhabitants fitly qualify'd to serve in our Council, in the General Assembly, and in other Places of Trust or Profit there, will be but small; it is therefore our will and pleasure that such of the said people called Quakers as shall be found capable of any of those Places or Employments and accordingly be elected or appointed to serve therein, may upon their taking and signing the Declaration of their Allegiance to us in the form used by the same people here in England, together with a solemn Declaration for the true discharge of their respective Trusts, be admitted by you into any of the said Places or Employments." Whereupon I told the Gentlemen of the Council, that I thought it very plain by that paragraph in my Instructions, that it was the Queen's pleasure they should be admitted to sit and vote in Council, signing the Declarations required, which they did, and were admitted; they likewise signed the Abjuration in a roll by themselves, only altering the word (swear) to the word (declare). Thus that matter stands now, but I intreat your Lordships' directions what I must do for the future; I must needs say that whoever it is that has inform'd H.M. and your Lordships, that the number of inhabitants fit to serve the Queen would be but small, without admitting the Quakers, either did not know the country, or else were not willing to own the truth they did know, for it will appear by the accounts I hope to send your Lordships shortly of the number of inhabitants of that Province, that the Quakers are much less in number than those that are not Quakers, however that they might not say, or think, that I had any prejudice to them as Quakers, I have put several of them into the Commission of the Peace; if they approve themselves good servants to the Queen, I have no more to require of them. I hear since I came from thence, that they do not like the settling the Militia, which I have begun, and hope to perfect in a short time, I mean, the Quakers, who would have no Militia at all, but the rest of the people are very well pleased that they are like to be put into a condition to defend themselves, which they have not been yet; at Burlington, the first thing we proceeded upon, was to settle some Courts, and in order to it, I asked the Gentlement of ye Council, what Courts they had had under their proprietary Government, they said that their Courts were never very regularly settled; but such as they were, it was under this regulation, first they had a Court for determining all causes under forty shillings, and that was by any one Justice, and if either of the parties did not like the judgement of that Justice, he was at Liberty to have a tryal by a jury, paying the charges of the first Suit; which I think, was to render the benefit intended by the settling those Courts ineffectual; the next Court they had, was a quarterly Court, where the Justices of the Peace determin'd all causes under ten pounds; then they had a Court, which they call'd the Court of Common Right, where all causes both criminal and civil were heard and determined, and to this Court there lay an appeal from the Quarterly Courts; this Court of Common Right consisted of the Governor and the Council, and if any man thought himself aggriev'd by the sentence of the Court of Common Right, then he might appeal to the Governor in Council, which was appealing from, to, the same persons; this being the account they gave me, I told them I thought a Court for determining all Causes under forty shillings might be very useful; but I thought it ought not to be in the power of one Justice of Peace alone, but rather three, and that the judgement ought to be definitive; this they approved of, and so it is settled till the Assembly meets, when I will use my best endeavours to prevail with them to settle it by an Act; then I told them, I thought the Courts which sate quarterly in the Province of New York, were more regular than theirs, for there the Quarterly Courts are held in each County by a Judge of the Common Pleas, and four Justices Assistants, whereof three make a quorum, and the Judge of the Common Pleas or the first Assistant-Justice always to be one; this they likewise approved of and those Courts are so settled by an Ordnance of the Governor and Council, till your Lordships shall be pleased to direct otherwise; I have appointed Sheriffs and Justices of the Peace throughout the whole Province, and as I desired the Gentlemen of the Council to give me ye names of such persons as they thought proper, to be put into the Commissions of the Peace and Militia, so I endeavour'd to choose out such among them, as by the best information I could get, were the most likely men to joyn with me in endeavouring to reconcile the differences that have caused so much disorder in that Province, and which I am afraid will not be presently brought to pass, however I do assure your Lordships, nothing shall be wanting in my endeavors to perfect that work; I have already recommended that matter to the Council, and shall likewise do so to the General Assembly, as soon as they meet, which will be the 6th day of November at Perth Amboy; I must acquaint you that when first I acquainted the Council, that the Queen had by her instructions commanded me to call a General Assembly with all convenient speed, they were extreamly pleased with it, but there arose some debate about the method of issuing ye Writs, because some of them said the Writs ought to issue under the Great Seal of the Province, and there being no Great Seal yet come, that could not be; some were of opinion, the Proprietors' Seal of West-Jersey should be made use of; others were for that of East-Jersey; at last it was resolved that I should issue the Writs for this time under my own Seal, reciting the power the Queen has been pleased to grant to me under the Great Seal of England, for the Government of the Province, and for the calling and holding of Assemblies, this was the only expedient could be thought of, to have an Assembly, which they were not willing to stay for till the Seal should come. I hope I have not done amiss in this matter, it was not of my own head alone I did it, and it was intended for the service of the Queen and the Country. I have quite settled the Militia of the Western Division, and I have begun to settle that of the Eastern Division likewise. Thus I have given your Lordships a faithfull account of the present condition of Nova Cæsarea or New Jersey; only I must add, that there is no fortification in all the Province, no stores or ammunition, nor no publick storehouse, nor so much as a house for a Governor to reside in; I hope the Assembly will provide for that; as soon as anything occurs, relating to that Province, I will acquaint your Lordships with it, in the meantime I intreat you to believe, that I will at all times observe all such orders and directions as you shall think fit to send. Signed, Cornbury.
P.S.—Just as I was going to seal up this letter, I am inform'd the people in New-Jersey are much disturb'd at the limitation prescrib'd in the qualifications of persons fit to choose and be chosen for the Assembly; and indeed it will happen that some very good men will not be chosen, because they have not 1,000 acres of land, though perhaps they have six times that value in money. [C.O. 5, 994A. pp. 135–144.]
March 27. 520. Minutes of Council of Virginia. H.E. demanded of Mr. Benjamin Harrison, H.M. Council at Law, to give his opinion who are the persons qualified to administer any oath within this Government. Mr. Harrison desiring time, it was granted him. [C.O. 5, 1142. p. 51.]
March 29. 521. Minutes of Council of Virginia. Upon the petition of Anthony Armistead praying that a hue and cry may issue for apprehending a negroman of his who hath broke open a store and is supposed to be run into the Government of North Carolina, ordered accordingly.
March 30. H.E. laid before the Council H.M. Royal Letter for a contribution of money etc. to New York, and prest the question whether they will comply with H.M. commands in granting the 900l., since their giving their opinion in that matter before the House of Burgesses proceed thereon, he conceives will be a means to induce that House to a complyance. The Council unanimously made answer that " we shall be always ready to contribute to the utmost of our power for H.M. service, either as Council to H.M., or as we are part of the General Assembly. Accordingly, so soon as H.E. communicated to us H.E.'s gracious letter relating to New York, we advised that a General Assembly should be called with all possible expedition. After it had met, we heartily joined with your Excellency in recommending the said letter to the serious and mature deliberation of the House of Burgesses. The said House being possessed of the said letter for near a fortnight, and as we suppose almost ready to come to a resolution thereupon, we humbly conceive that in all grants of money, for the Council to declare their opinion before the House of Burgesses give their answer about them, is contrary to the practice and proceedings of Assemblys, and we are doubtful might beget a misunderstanding, the said House being tender of their privileges, and by consequence might prove prejudicial to H.M. service in general, and to the good management of this affair in particular, and therefore with submission are unwilling to declare our previous assent or dissent to the Resolution of the said House in this matter."
H.E. then acquainted the Council that (since he found they disagreed in the main to his recommending H.M. Commands to the House of Burgesses upon the terms proposed in his former question) he now put this question to them, whether they as a Council, or as a Council in Assembly judge it for H.M. service to use their endeavours to perswade the House of Burgesses to a complyance either by message, conference, or such other way as they think proper. The Council answer, We shall be very ready to do H.M. the best service that lyes in our power by messages, conferences or any other way that may be thought proper, as occasion shall be given from the proceedings of the House of Burgesses. H.E. desired the opinion of the Council, whether it be proper for him to move any further to the House of Burgesses, either by speech or message in relation to H.M. Royal commands for assistance to New York. The Council said they knew of nothing at present, but if anything occurs to H.E. for promoting that service, we shall be ready to give our opinion therein as often as H.E. shall think fit to require the same.
In reply to the answer of the Council to the first question above, H.E. declared that he could not allow any prescription in this country, nor any president or custom to take place contrary to the prerogative; but if presidents could be admitted, yet it cannot be made appear that ever there was a parallel case to this.
H.E. communicated to the Council letters from Governor Lord Cornbury, June 11 and Nov. 19, pressing for the speedy remittance of the quota, which he intended to send to the House of Burgesses, and at the same time to acquaint the House that if the country cannot at present advance the money, he will lend them so much without interest.
March 31. Mr. Benjamin Harrison (see March 27) reported his opinion as to those persons and bodies who were capable of administering oaths in this country. H.E. directed him to cite the statutes empowering them. [C.O. 5, 1412. pp. 51–55.]
March 29. 522. Minutes of Council in Assembly of Virginia. Grievance of Elizabeth City County, and petition of Chicheley Corbin Thacker for allowance referred to the Burgesses.
Petition of Roger Light to be appointed keeper of the Capitol, referred to the Burgesses.
Petition of Mr. Jenings, that it may be declared by whom the 50lb. allowed by Act of Assembly for every Military Commission shall be paid, referred to the Burgesses.
H.E. laid before the Council H.M. Letter for a contribution of money etc. to New York, and acquainted them that pursuant to H.M. commands he recommended that matter to their consideration, hoped he need not use many arguments to comply therewith, and therefore expected that before their breaking up this night, they would give him their result. And further, that if the country wants money at present to advance towards the assistance of New York, he will lend them, or if this Assembly shall not think fit to comply with H.M. commands, yet he would discharge his duty and advance the money himself, rather than that service shall suffer.
Ordered that the following message be sent to the House of Burgesses:—"I am heartily sorry that I am obliged to acquaint you (but if I did not do it I should fail in my bounden duty to H.M., and be wanting in the very great affection, which I have for this H.M. most ancient and great Colony and Dominion of Virginia) that I received a letter dated in London Oct. 5, one part of which is 'it was said that it appeared that the Assembly's not complying with the Instructions about New York was by my means, and that my proposing it alone would hinder it.' I do most earnestly recommend to you to let me know your resolution upon this affair, and then I hope in God a satisfactory answer shall be given you by Fr. Nicholson."
The Council took into consideration what H.E. recommended to them in relation to New York, and finding it necessary to have the advice of the Council therein, they, in regard Mr. Auditor Byrd is lame and not able to attend here, and that Jno. Lightfoot is absent, resolved to defer the further debate till to-morrow at 8 o'clock at Mr. Auditor's Chambers.
March 30. See preceding abstract under date.
Resolution of the Burgesses sent up, that it doth appear to the House that the last House of Burgesses did refuse to give the 900l. to New York, not because the Governor was the proposer of it, but for other reasons at large enumerated in the Journal of the said House. And that the report mentioned by H.E. yesterday, is a false, scandalous and malicious report.
Message from H.E. send down with Lord Cornbury's letters (mentioned March 30 Minutes of Council), recommending the matter to their serious consideration and offering to lend the money required without interest.
Resolve of the Burgesses, nemine contradicente, sent up, "that this Country is not of ability to comply with H.M. commands in contributing 900l. required for New York." They desired the concurrence of the Council to this resolve, and that "if they concur they will be pleased to join in a Committee to consider of the best method to represent our circumstances of inability to H.M."
Ordered that the consideration of this resolve be deferred till to-morrow.
H.E. acquainted the Council that since the House of Burgesses have put the matter upon this issue, that the country is not of ability to contribute the 900l. to New York, the Council will do well to consider the state of the country and to enquire into the publick accounts, for that H.E. is satisfied that there is nigh half of that money now in the bank, after deduction of all debts that fund is now charged with, and as for the remainder, H.E. will advance it, or if necessary the whole, upon the credit of those imposition-Acts now in force, and if they shall prove deficient will bear the loss himself.
March 31. Petition of Mr. Jenings for allowance was referred to the Burgesses.
Petition of John Redwood to be appointed Keeper of the Prison and the Capitol referred to the Burgesses.
H.E. sent down a message of thanks to the Burgesses for their reply yesterday.
The Council proposed a free Conference with the Burgesses upon their resolve in relation to the 900l. for New York. The Burgesses refused this until the Council should return the said resolve with their concurrence or disagreement. The Council replied that, not being sufficiently sensible of the reasons of that resolve, they desired a conference on that subject, being the constant and approved method to clear all doubts and keep a good understanding between the two Houses of Assembly, and cannot but be surprized at their denial of the same, and knowing of no better way to come to a good agreement, insist upon their desire of the said Conference as their undoubted right and the usual method on such occasions. [C.O. 5, 1412. pp. 472–479.]
March 29. 523. Journal of House of Burgesses of Virginia. Committee appointed to examine the Treasurer's accounts.
Grievances of Elizabeth City County and other petitions referred to Committee.
The House being called over, according to an order of Saturday, ordered that Arthur Smith, Joseph Foster and Edwyn Thacker be taken into custody of the Messenger to answer their default in not attending the service of this House.
Resolved, upon report of the Committee of propositions and grievances, that the Ferry be continued in Middlesex County, at the place appointed by law over Rappahanock River to Chownings Point and Matron Wright's Plantation, and that the price be altered, for a man 2s. 6d., for a man and horse 4s.
Resolved, that the propositions of Henrico and Charles City County, that the Acts imposing a duty upon liquors and servants and slaves be continued for 3 years after the time they run for, for defraying the Burgesses' charges, and paying of officers that attend the Assemblies, be rejected.
Resolved, that some suitable provision be made to prevent the inhabitants of this country from entertaining or harbouring any Indians, or employing them to hunt upon any land belonging to the inhabitants.
Resolved, that the proposition from Charles City County for renewing the Act for regulating the size and tare of tobacco hhds. be referred till the revised Laws be taken into consideration, suitable provision for the same being made therein.
Resolved, upon the proposition from Charles City County, that application be made to H.E. for the taking off the restraint laid upon the taking up or surveying and patenting out lands; and that this House doth disagree to the report of the Committee that the other part of the proposition of the said County "that no greater quantities than 640 acres be taken up in one tract," be rejected.
And see preceding abstract under date.
Mr. Arthur Smith discharged from custody of the Messenger, paying his fees.
Proposition of Charles City County for altering bounds of parishes referred to next session.
March 30. Joseph Foster and Edwin Thacker (March 29) discharged from custody of the Messenger, paying fees.
Mr. Jenings' petition referred to Committee.
Resolved, that Capt. Bully Robinson and Richard Drummond are duly returned Burgesses for Accomack County, and William Edwards for Surrey County.
And see preceding abstract under date.
March 31. See preceding abstract under date.
Petition of John Redwood referred to Committee.
Resolved, that the propositions of Guy Smith and James Clack, Clerks, for providing a method to prevent masters of ships etc., from leaving out tobacco after the receipt of notes for the same be rejected, and that their proposition for prevention of slaves working on the Sabbaoth Days be referred till the Revised Laws be taken into consideration, suitable provision being made therein.
Resolved, that the proposition of James Westcomb for reviving the Act regulating Clerk's fees be referr'd till the revised laws be taken into consideration, suitable provision for the same being made therein. The same with regard to the proposition of Gloucester County for making a stricter law to compel the freeholders to come to election of Burgesses.
Resolved, that the grievance from Gloucester County be agreed to, that no person shall kill any unmarked hog or shote except upon his own or unpatented land, or among his own stock, and in case he do kill any such, then he shall within 3 months go to some Justice of the Peace, and make oath of the truth of it, and thereupon obtain the Justices' certificate, otherwise to be fined 150lb. of tobacco to the party complaining to be recovered before a J.P., and in case the party offending cannot pay, then he shall receive 15 lashes on his bare back. Ordered that a clause for the same be added, in the revised Laws, to the Act against stealing hogs.
Resolved, that the grievance from Gloucester County for making a law to bring persons to condign punishment, who shall asperse jurors, be rejected, the party agrieved having remedy at the Common Law.
Resolved, that the grievance from Gloucester County, desiring that the Highways be kept in repair, be referred till the revised Laws be taken into consideration, suitable provision for the same being made therein.
Petition of James Minge for leave to bring in a Bill to enable him to purchase convenient lands on Match Coats run to erect a mill on (he having no land on either side of the said run) be rejected.
Resolved that the grievances of King and Queen, Surrey and Isle of Wight Counties concerning the standard of Spanish money be referred till the revised Laws be considered, suitable provision for the same being made therein.
Resolved that the grievance of Isle of Wight County, that the allowance of 40lb. of tobacco per day for evidences' attendance in Courts is too much, be rejected.
Resolved that the grievance of Isle of Wight County, that no allowance is allowed constables, be referred till the Revised Laws be considered, suitable provision being made therein.
Resolved, that a Bill be drawn making suitable provision that there be no manner of abridgement in the elections of Burgesses.
And see preceding abstract under date.
Major Arthur Allen was taken into custody and brought to the bar of the House. Resolved, that nothing appeared proved against him which is a breach of privilege. Exceptions being taken to some words let fall by Allen in the first part of his defence, ordered that he be called into the House to explain himself. Mr. Speaker demanded of him whether he meant any reflection upon Nathaniel Harrison or any Member of this House, to which Allen answered, No, he had no prejudice against him, as he was a Member of this House he had a respect and honour for him and every member here. [C.O. 5, 1413. pp. 20–29.]
March 30.
St. Jago de la Vega.
524. Governor Handasyd to the Council of Trade and Plantations. Refers to enclosures. With the advice of the Council I have prorogued [the Assembly] to April 12, they seeming desirous to be at home these Holydays, but am sorry to find they are so severe in not providing quarters for the officers of the two Regiments, and without it, or some money in lieu of it, 'tis impossible for them to subsist on H.M. pay, considering the extravagant prices of lodging, apparel, meat, drink and washing at this time; for an Ensign's subsistence being but 17s. 6d. per week, he nevertheless cannot have a chamber under 20s. per week, and truely the climate is so violent hot that if their whole subsistence were applyed to the quenching of their thirst in any liquid here (water excepted) it could not suffice, since Madera wine formerly 1s. 3d. per bottle is now 2s. 6d., English ale 3s. 9d., small beer 1s. 3d., wch. is occasioned by the unhappy burning of Port Royal, where a vast quantity of provisions, stores etc. were consumed. Yet am in hopes to find the Assembly in a better temper after the expiration of the time of their prorogation, and that they will consider this hardship seriously. Signed, Tho. Handasyd. Endorsed, Recd. 19, Read 24 May, 1703. 1½ pp. Addressed. Sealed. 1½ pp. Enclosed,
524. i. Abstract of preceding. ¾ p.
524. ii. Memorandum of Minister of Council in Assembly of Jamaica, Jan. 13-March 25, 1703. ¼ p.
524. iii. Minutes of Assembly of Jamaica relating to the quartering of soldiers and setling of Kingston, Feb. 22, 23, 1703. Signed, And. Langley, Speaker. 6¼ pp.
524. iv. Memorandum of Minutes of Assembly of Jamaica, March, 1, 1702-March 25, 1703.
524. v. Memorandum of Minutes of Council of Jamaica, Feb. 5March 25, 1703. ¼ p.
524. vi. Memorandum of Account of Revenue, March 25Sept. 29, 1702. ¼ p.
524. vii. Memorandum of an Act of Jamaica to invest H.M. in land in Kingston for the reception of the sufferers by the late dreadful fire at Port Royal, declaring Kingston to be the chief seat of trade and head port of entry, and fortifying West Chester. ¼ p.
524. viii. Minutes of Assembly of Jamaica, Jan. 14–29, 1702/3, relating to the setling of Kingston. 14 pp. [C.O. 137, 5. Nos. 101, 101.i.-viii.; and (without enclosures) 138, 10. pp. 467–469.]
March 30. 525. Abstract of above letter. [C.O. 137, 41. p. 8.]
March 30.
Admiralty Office.
526. Lords Commissioners of the Admiralty to the Earl of Nottingham. We have received your Lordship's letter of 24th inst. with the extract of one from the Lords Commissioners of Trade and Plantations, wherein 'tis desired that the seamen belonging to H.M. ships bound to Newfoundland, may have orders to assist in the work ashore there, and that a Boom may be sent thither for the defence of the Harbour of St. John's. 'Tis absolutely necessary for the service, that the men of war should cruize off the coast for the security of the fishery and themselves, until the Trade shall be ready to come away, so that their men can't be spared from them. And as for masts to make the Boom, they cannot be carried from hence in the men of war that are going to Newfoundland, and therefore it is necessary the officers at St. John's should be ordered to cut masts in the winter time proper for this service, and to send them down thither on the snow, which is the best and cheapest way we can think of. Signed, D. Mitchell, Geo. Churchill, Richd. Hill, J. Brydges. 2 pp. [S.P. Naval, 7. Under date.]
March 31.
527. Council of Trade and Plantations to Governor Sir B. Granville. The bearer hereof, Mr. Hodges, complaining that he has suffered in some affairs he has in Barbados, by mismanagement of his agents, delays and otherwise, and desiring our recommendation to you, that speedy and impartial justice may be done him, we have thought fit to comply with his request, and do accordingly desire your care that no obstructions be given him in the course of his proceedings, and that he may enjoy the benefit of the law as other H.M. subjects. Signed, Weymouth, Dartmouth, Robt. Cecill, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. [C.O. 29, 8. p. 295.]
March 31.
528. Journal of Council of Trade and Plantations. Letter to Governor Sir Beville Granville in behalf of Mr. Hodges, signed.
April 1. Mr. Champante desired their Lordships would write to Lord Cornbury in relation to the arrests which Capt. Nanfan at present lies under in New York; whereupon he was directed to lay before the Board a memorial of what he himself proposes might be done therein.
Draught of Representation upon Governors' salaries, agreed upon.
April 2. Representation upon Lord Cornbury's letters, relating to the State of the Province of New York, signed.
Representation upon Governors' salaries and presents made by Assemblies, signed. [C.O. 391, 16. pp. 52–54; and 391, 97. pp. 253–261.]
March 31.
529. Minutes of Council of the Massachusetts Bay. H.E. communicated several letters expressed to him from Piscataqua, advising of an insult lately made by Capt. Samuel Chadwell, commander of a privateer sloop, upon some French and Indians at Naskeag in Mount Desart, by rifling and plundering the house of Paul Munier, a Frenchman, allied to the Indians, under the protection of this Government, and had killed Munier, and beaten one or more of the Indians. H.E. acquainted the Council that he had desired Lt. Gov. Partridge to write to Major March to direct him to observe to the Indians the resentment H.E. had of that matter, and that he had sent for Chadwell, and would make a strict inquiry into the same, and take such order therein as may be agreable to Justice, and to give them satisfaction, whereof they shall have an accompt.
Accompts of Major John March and Capt. James Gooch committed.
30l. paid to Capt. Simon Willard, Commander of a Foot Company of soldiers newly raised for H.M. service, for subsisting of himself and company. [C.O. 5, 789. p. 494.]