America and West Indies: April 1703, 21-24

Pages 369-377

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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April 1703, 21-24

April 21.
[21 m/2 (Apr.) 1703.]
604. William Penn to the Council of Trade and Plantations. Honble. Friends, As to the advance upon Coyne in America, and the Inequality of it, I am of opinion it is an unhappiness to the Colony, and that they deceive themselves in it; but haveing made laws to estimate their mony, I am not lawyer enough to say it can be altered but by a law as I have declared there, so I do upon this occasion. I wish all were at a par; that an ounce of silver should be an ounce of silver in all the Dominions of the Crown. But this objection will be hard to answar (the rest are common to the rise and fall of mony every where and soe I wave them) that for want of returns to England all our mony will be sent in a little time thither. Now tho' this may be what England would like, yet it is what the Plantations, ye Northern especially, will take very ill, unless Murrys Banck were practicable and paper Credit, in the lieu of it. Nor will goeing to Market with mony instead of Goods serve England at long run, any more than the Plantations, who for want of coyn to circulate Trade among themselves, must dwindle in Trade, and the more because not tradeing with the Spanish Dominions as formerly, there will not be that supply and recruit of mony as formerly. Weight seems the fairest way, tho' troublesome, unless the Queen will allow us a Mint. Our single and Double Bitts, or Royals, are like our old clipt, thin sixpences, they want ⅓ at least of the intrinsick vallue they goe at; a great abuse. In short our mony must be melted, markt or weighd. Your better understanding in these things will supply the want of myn. I show my respects by this more than my skill, which will I hope finde yr. charity if not your approbation. I am with due regard your Respectfull Faithfull Friend. (Signed), Wm. Penn. Endorsed, Recd. Read April 21, 1703. Holograph. 3½ pp. [C.O. 5, 1262. No. 27; and 5, 1290. pp. 311–313.]
April 21. 605. Minutes of Council in Assembly of Jamaica. Message sent up from the Representatives thanking H.E. for his Speech [April 12], and assuring him the House will endeavour to perform on their parts what is there required with as much zeal and earnestness as his Honour with so much sincerity has been pleased to express on his. [C.O. 140, 6. p. 462.]
April 22.
606. William Popple to Sir Bartholomew Gracedieu. Sir Gilbert Heathcote and Mr. Way, Agents for Jamaica. The Council of Trade and Plantations desire you to lay before them your opinion in writing on Monday concerning the Act to prevent the resetling of Port Royal. (See Journal of Council of Trade, April 21.) [C.O. 138, 10. p. 438.]
April 22.
607. R. Warre to William Popple. Enclosing the letters which my Lord [Nottingham] has writ by the Queen's Orders about the boom in Newfoundland, that you may please to send them. Signed, R. Warre. Endorsed, Recd. Read April 23, 1703. 1 p. Enclosed,
607. i. Earl of Nottingham to Capt. Richards, Chief Engineer and Commander of the Company at Newfoundland. Enclosing extract of Representation of the Council of Trade and Plantations relating to the boom. H.M. directs that you may give order for making the same, according to the model there proposed, and take care to do the same with all speed. In order whereunto H.M. has directed some things, which can best be furnisht here, to be sent hence, and money to be sent for the other services mentioned in the enclosed paper, by which you are to govern yourself. Countersigned, Nottingham. Endorsed, April 20. 1 p. Annexed,
607. ii. Abstract of Representation of the Council of Trade and Plantations relating to the Boom, April 9. ½ p.
607. iii. Earl of Notting ham to the Lord High Treasurer. The Council of Trade and Plantations having represented to H.M. some things they conceive necessary to be sent by the next convoy to Newfoundland, I send your Lordship by the Queen's command an extract of some of those particulars (amounting to 158l. 10s.), that your Lordship may give such orders therein as you shal judge necessary for sending this money. Signed, Nottingham. April 20. ¾ p.
607. iv. Earl of Nottingham to the Lord High Admiral of England. Enclosing, an extract of a letter from the Council of Trade and Plantations about the seamen's assisting in the Fortifications at St. John's Town in Newfoundland, and some anchors etc. necessary to be sent thither by the next convoy in order to the making a boom, with an estimate of the charge; the Queen having approved thereof, would have you lay these particulars before H.R.H. that he may give the necessary orders herein. Signed, Nottingham. Subscribed, Prince's Council. To be sent from hence, Two small anchors etc., 23l. 15s. April 20. ¾ p. [C.O. 194, 2. Nos. 116, 116.i.-iv.; and 195, 3. pp. 213–218.]
April 22.
Castle of Bermuda.
608. Mr. Larkin to the Council of Trade and Plantations. Enclosing the following. Signed, Geo. Larkin. Endorsed, Recd. 19, Read July 20, 1703. 1 p. Enclosed,
608. i. Copy of Mr. Larkin's Memorial to Governor Bennett, April 10, 1703. Larkin is ready to enter into Bond, with or without security, as hath been proposed to and required of him by the Governor, to answer to H.M. in England for what he stands committed to her Castle here, and therefore expects forthwith to be set at liberty in order to setle his affairs, that he may proceed upon the service his late glorious Majesty, King William, was pleased to send him, and a positive answer under the said Governor's hand. (1) Whether he will try the persons now in prison upon the account of piracy. (2) Whether he will, upon Larkin's being set at liberty, issue his Commission to two persons, one of them to be nominated by Larkin, for examination of witnesses to make good what's conteined in his letters to the Lords of Trade (3) and grant him forthwith an especial Court for trial of all such actions as he conceive himself entitled unto against any person in those Islands. (4) That he have a copy of all such Instructions as have been given unto Capt. Peasley relating to Larkin. (5) That he have a copy of Col. Day's Commission to Richard Gilbert (6) and of Governor Bennett's Commission and Instructions to Capt. Jennour upon his going out upon the last wreck, (7) and a copy of the bond entered into by Josepp Holbeck and Boaz Bell the younger before two of the Council as Commissioners for trial of pirates, and also a copy of the bonds entered into by others as accomplices to pirates, which are now remaining in the Secretary's Office. Signed, Geo. Larkin. Endorsed, Recd. July 19, 1703. 2 pp.
608. ii. Geo. Larkin to Mr. Minors, April 19, 1703. You gave me to understand by yours of the 12th that the Governor had received my Memorial of the 10th. If I have not an answer to it by to-morrow in the evening, I shall take it as a flat denial of Justice to H.M. I am informed there's a vessel bound directly from these Islands to Jamaica; since I am not permitted to go myself, I desire you'l give me timely notice of her sailing, that I may not loose this oppertunity of transmitting the duplicate of the late King's Commission etc., to the Governor of that place. I have no answer to the first part of my letter touching the affidavits, nor to that of the 9th, and I still want the opinion of the Justices for not bayling me. Signed, Geo. Larkin. 1 p.
608. iii. Mr. Minors to Mr. Larkin. St. George's, April 19. H.E. is at present extraordinary busy and engaged in sending a packet to H.M. of high importance for H.M. interest in this Government in pursuance of the great trust reposed in him, and H.E. cannot be at present diverted from compleating the same. And when that is done, he will consider of giving you a further answer to your Memorial, and in the meantime, as he thinks himself in all duty bound, will take a due care that no denial or failure of Justice be made towards H.M. service or any her subjects as you seem to charge. Signed, Cha. Minors, Secy. Endorsed, Recd. July 19, 1703. Copy. ¾ p.
608. iv. Affidavit in testimony of Mr. Larkin's good behaviour since coming to these Islands. Signed, Jacob Russell. Endorsed, as preceding. 1½ pp.
608. v. Affidavit of Dr. Starr in testimony of Mr. Larkin's good behaviour. Signed, J. Starr. 2 pp.
608. vi. Affidavit of John Collings that when Mr. Larkin and Col. Day at high words touching the latter's ingratitude, Mr. Larkin did not mention a word about opposing the Governor or Government, as is set forth in Lt. Henley's affidavit. ¼ p. [C.O. 37, 4. Nos. 22, 22. i.–vi.; and (without enclosures) 38, 5. pp. 410, 411.]
April 22.
609. Journal of Council of Trade and Plantations. Upon further consideration of the state of the coine in the Plantations, ordered that abstracts be made of any Acts in this Office, whether confirmed or not confirmed, and of their papers which relate to the rate, weight and fitness thereof.
Their Lordships agreed upon the draught of a report for displacing Mr. Partridge etc., and made some progress in preparing a report upon Col. Dudley's letter relating to the affairs of New England.
April 23. Letter from Mr. Warr inclosing letters under flying seals from the Earl of Nottingham to the Lord Treasurer, H.R.H. Council, and the Commander in Chief of the Company at Newfoundland, relating to the Boom for St. John's Harbour, read, and copies being taken of the said letters, they were sealed up, and the two first ordered to be put into the hands of Mr. Thurston that he may deliver the same, and solicite the effect thereof. Ordered that in the Instructions to be prepared for the Commodore of the Newfoundland Squadron, he be directed to inspect and take care of the fitting of the said Boom, as far as his other service will permit.
Representation for removing Lt.-Gov. Partridge etc. signed.
Representation upon Governor Dudley's letters signed. [C.O. 391, 16. pp. 86–88; and 391, 97. pp. 317–322.]
April 22. 610. Journal of House of Representatives of New York. Bill to enable the Justices of Albany read the third time and sent up. [C.O. 5, 1185. pp. 34, 35.]
April 23.
611. Council of Trade and Plantations to the Queen. Having some time past represented to your Majesty the state of defence of your Majesty's Province of the Massachusetts Bay, New Hampshire and other adjacent parts, according to the Memorials we had then received, we humbly take leave to lay before your Majesty the last account we have from Collonel Dudley, your Majesty's Governor in Cheif of those Provinces, relating to the same matter, vizt., That in New Hampshire, from whence the best masts and other naval stores are brought, there is but one fortification, situate at a place called New-Castle at the entrance of Piscataqua River, which is not sufficient (without other additional works) for the defence of the said river, the boundary between that Province and the Province of Main. In the Fort there are 31 gunns mounted. The carriages and platforms being defective, Collonel Dudley hoped he might induce the inhabitants to repair them: but represents the Province unable (by reason of their poverty) to be at the charge of all such other reparations and works as are necessary for the defence of that country. As to the Massachusets-Bay, and the Province of Main, which is united to that Government, the eastern parts thereof being most exposed to the French, he had travelled through all that country, and renewed the English friendship with the Indians as far as Sta. Croix, but was still apprehensive of their defection by reason of the French Priests that are among them. In the same journey he had viewed the remains of the fort at Pemaquid (a place of great importance for the security of the Eastern frontiers of New England) which was taken from them by the French in the late war and demolished. And as he had been directed by your Majesty to use his utmost endeavours to promote the rebuilding of that fort, be had in order thereunto taken with him workmen and surveyors, who were of opinion, that the repair of the stone work alone could not be perfected under 7,000l., and that the lodgings of furnishing within, for the reception of men and stores, would require near as much more, besides twenty peices of ordnance to be put into it. He adds that the maintenance of a hundred men for the defence of that fort, according to the method of payment, and the establishment of that country (which is two shillings per day) together with incidental charges, will amount to near 5,000l. p. annum. He had used his endeavours to persuade the Councill and Assembly to raise a fund for the repairing and putting the said fort into a state of defence; and having prevailed with the Councill to concur with him in that matter, the Assembly had refused to do it. Upon consideration of the general necessities of the Province, and their incapacity to sustain the whole charge of the war on all their frontiers, he proposes that cannon and other stores of war formerly desired may be sent from hence, which Collonel Romer, the cheif Engineer there, did particularize as follows, vizt., 50 cannon of 24lb. to 18lb. ball, 2 mortars, granadoes and bullets in proportion, 4,000 hand granadoes with their fuzees; 600 firearms; 400 heads for half pikes, as likewise 2 master gunners and one bombardier; and as an argument to enforce the reasonableness of these demands, he writes that he had been informed the French have a garrison of 400 men at Port Royal in Nova Scotia near to New England, and did expect more, who in conjunction with their Indians (of whom they had 200 listed, clothed and armed, and many others ready to joyn them) would be able to insult all the inland frontiers of that Province. Upon consideration of the growing state of Port Royal, he humbly proposes that your Majesty would be pleased to direct 3 or 4 men of war to call there, adding that with the assistance of some of the people of New England, for the land part, they might be able to destroy that French Settlement, and deliver your Majesty's territories in those parts from so dangerous a neighbourhood. But in case this be not resolv'd, he insists, however, that (besides the cannon and stores of war before mentioned) a 4th rate frigate may be added to the 5th rate, which does now attend your Majesty's service in those parts, with which (if no greater force of shipping be sent him) he hopes to do some considerable service; the people of New England commissioned by him having already been very successfull in their undertakings at sea against the French. Upon intimation of an invasion intended by the French and Indians by land, he had prevailed with the Assembly to agree to an Act for listing every fourth man in the Province, to be ready armed and cloathed. fit for a march in twenty-four houres. In relation to the Civil Government of the Province, all the Councillors and other officers being chosen annually by the Assembly, and depending wholly on the people for their subsistence, he represents the same as very inconvenient and inconsistent with your Majesty's service. As to Trade, he set forth the great difficulty of effecting any strict observation of the Acts of Trade amongst the inhabitants of that Province, not only from their own disposition and popular constitution of their Government, but also from their constant intercourse with the neighbouring Colony of Rhode Island, who under ye same pretence of indepent government permit the landing of any goods there without duty. Upon all which we humbly offer to your Majesty, that in relation to New Hampshire, your Majesty would be pleased to reinforce the orders formerly given, that the Assembly be urged in the most pressing manner to do their utmost for their own preservation, and particularly in keeping the fort at Piscataway in good repair and in a state of defence, to which charge we humbly conceive the Assembly of the Massachusetts Bay may in like manner be exhorted to contribute, they being likewise interested in the security of that neighbouring place, as a frontier and inlet to their country. For the encouragement of the people of NewHampshire (which is a small Province, neither populous nor wealthy, but very considerable on the account of naval stores), we humbly propose that 50 barrills of powder, and 100 small armes with the appurtenances, be sent thither, and that your Majesty would also be pleased to assure them of your royal care and protection, as there may be further occasion; that as to the Massachusets Bay, your Majesty would likewise be pleased to reinforce the orders formerly sent requiring the Assembly to exert their utmost endeavours in providing for their own preservation, particularly in building the fort at Pemaquid, and furnishing their other fortifications and stores with necessaries. And we humbly offer that for their encouragement and in part of their demands, your Majesty would be pleased at present to direct, that 20 peices of cannon and two mortars with bullets and shells proportionable be sent thither. As to Port Royal aforementioned, we humbly submit the proposition of destroying that Settlement to your Majesty's great wisdome. Lastly, as to the inconveniences arising in the Massachusets Bay from the want of power in your Majesty's Governour, the irregularities of the trade of those parts, and particularly in Rhode Island, we have nothing to offer more than what we have frequently laid before your Majesty, relating to independent Governments in America. Signed, Weymouth, Ph. Meadows, Wm. Blathwayt, Jon. Pollexfen, Mat. Prior. [C.O. 5, 911. pp. 6–14.]
April 23.
612. Council of Trade and Plantations to the Queen. Having had under our consideration the state of yr. Majesty's Province of New Hampshire in New England, we humbly take leave to observe that William Partridge, the present Lieut. Governour, does appear to us, to be a person unfit for that trust, as having upon several occasions neglected to pursue his Instructions, and being a Merchant known to carry on a trade to forreign parts, which we conceive improper for a Governor to do, since he may divert or monopolise the course of legal and fair trade; and whereas the said Partridge has not yet been confirmed by your Majesty as Lieut. Governor, we are humbly of opinion that it may be for your Majesty's service that he be removed from that imployment. We further humbly offer that John Usher, Esq., formerly Lieut. Governor of that Province, is a person well qualifyed for the discharge of the trust in the place of the said Partridge. Signed, Weymouth, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior. [C.O. 5, 911. pp. 4, 5.]
April 23. 613. Minutes of Council of the Massachusetts Bay. The town of Marblehead having voted 60l. as proposed Feb. 18, 1701, 40l. ordered to be paid as then promised. Accounts of the wages due for the crew of the Greyhound referred to a Committee.
40l. paid to Major Stephen Sewall towards subsisting the 10 men posted at the fort at Salem. [C.O. 5, 789. p. 499.]
April 24.
St. James's.
614. Order of Queen in Council. Approving of Representation of April 23, and having not as yett confirmed the said Partridge in the Government of New Hampshire, H.M. in Council is pleased to appoint John Usher to be Lieut. Governor in his room, and ordering the Council of Trade and Plantations to prepare the draught of a Commission for H.M. Royal signet and sign manual accordingly, and to present the said draughts for H.M. approbation at this Board. Signed, John Povey. Endorsed, Recd. Read April 30, 1703. 1 p. [C.O. 5, 863. No. 24; and 5, 911. pp. 21, 22.]
April 24.
St. James's.
615. Order of Queen in Council. Approving Representation of April 23, and ordering the Council of Trade and Plantations to prepare draughts of letters to the Governor of the Massachusetts Bay and New Hampshire in the most pressing manner accordingly and to present the same for H.M. approbation at this Board. Signed, John Povey. Endorsed, Recd. Read April 27, 1703. 1 p. [C.O. 5, 863. No. 23; and 5, 911. pp. 15, 16.]
April 24.
616. Minutes of Council of Virginia. H.E. acquainted the Council with his intentions of going to New York to meet my Lord Cornbury as soon as the General Court is over, pursuant to the desire of the Council of Trade and Plantations, Nov. 4., and ordered that if anything extraordinary should happen during his absence expresses should be sent after him to Annapolis, and in case he were gone from thence, to Philadelphia, and so to New York, if he should go so far. Proclamation ordered, notifying that the administration of the government is vested in the President and Council, and declaring William Byrd President, during such absence.
Upon reading a letter from Henderson Walker, President of North Carolina, complaining that the Maherine Indians do daily commit great injuries to the inhabitants of that province by destroying their stocks and burning their timber and houses, refusing to pay tribute or render obedience to that Government upon pretence that they are tributaries to this H.M. Colony and Dominion, altho' their living is amongst the inhabitants of North Carolina, it is the opinion of the Council that it doth not appear that the said Maherine Indians live within the bounds of Carolina, but have always been reputed tributaries and paid tribute to this Government as living under the same, and therefore the Province of North Carolina hath no pretence of demanding tribute of them, but if any injuries or outrages have been or shall be committed by them, upon due proof thereof, H.E. and Council will take suitable measures for furnishing them, and giving all reasonable satisfaction to the inhabitants of North Carolina.
Upon a petition of George Walker, ordered that the Court of Elizabeth City County inquire into the condition of the tackle of the Abraham of Bristol, sunk at Point Comfort, and if it prove to be perishing from rats etc., as alleged, that they dispose of it for the benefit of the owners.
Thomas Wynn was appointed Interpreter to the Nattoway, Maherine and Nansemond Indians in the room of Thomas Blunt, with whom they have expressed dissatisfaction.
Whereas the Nansemond Indians have made application to H.E. that no person may be allowed to take up land below a place called the Bean Swamp adjacent to their land, Ordered that Thomas Wynn enquire what and how much land the said Indians now possess, and what quantity of land there is below the Bean Swamp.
Whereas the Nattoway Indians have made complaint that the English inhabitants daily take up land and seat nigher to their towns, so that in a short time they will have no room either for their stocks or hunting, and praying that none may be permitted to seat nigher to their town than at present, and also complaining that William May of Isle of Wight County hath surveyed a Plantation belonging to them on the Nattoway Swamp, ordered that the Interpreter inquire into the matter.
Complaint being made by the Nattoway Indians that the inhabitants of this Colony carrying rum into their town may prove of very dangerous consequence by reason that many of their men getting drunk therewith may at such times be made an easy prey to any strange Indians who shall invade them, H.E. by advice of the Council doth hereby strictly forbid all persons whatsoever to carry any rum or other strong liquor into the Nattoway Town, upon pain of suffering such punishment as may justly be inflicted on them for their offending in a matter of such pernicious consequence. A copy of this Order to be published by the Sheriffs.
Upon the Representation of Mr. Secretary Jenings, the Council advise that H.E. represent to H.M. that the Clerk of the Council, House of Burgesses and General Court, if they be Clerks of Counties, have power to appoint deputies.
Petition of Edmund Jenings that, having paid duty on tobacco shipped by him for Barbadoes, but burnt in York River, he be admitted to re-ship the same quantity duty free, was referred to the Trustees and Governors of H.M. College of William and Mary, being a matter relating to the Revenue of the College.
Upon reading a petition of William Byrd, of King and Queen County, setting forth that upon information given to H.E. and Council of certain words spoken by the petition against the General Assembly, an order was made that he should be taken into custody until he gave security for his good behaviour, and being the petitioner was never guilty of speaking such words out of malice, but only as they had been told him by others, he therefore prayed that certain witnesses may be examined, and if his innocence shall thereupon appear, that he may be discharged from further trouble; H.E. and Council, being satisfied that petitioner hath behaved himself well and peaceably towards the Government ever since the aforementioned order was past, declared the said Order void.
Ordered that the Clerk of the Council deliver back to Mr. Auditor Byrd the Bills of Exchange drawn by him pursuant to H.M. directions for payment of 3,388l. 3s. 4d. to the Treasurer of H.M. Ordnance for arms and stores of war, there being no opportunity at present of transmitting the said Bills to England.
Warrants signed for salaries etc. [C.O. 5, 1412. pp. 64–71.]