America and West Indies: May 1703, 11-20

Pages 411-431

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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May 1703, 11-20

May 11. Upon intimation from Sir John Stanly that the Lord Chamberlain does desire to be informed by this Board to which of the Plantations H.M. picture and arms are to be sent pursuant to the Order of Council, ordered that the Secretary reply, New Hampshire, The Massachusetts Bay, New York, New Jersey, Maryland, Virginia, Jamaica, the Leeward Islands, Barbadoes and Bermuda.
Letter from Mr. Penn read. Answer ordered to be prepared.
Order of Council, May 1st, read. Ordered that notice thereof be given to Col. Dudley in the first occasion.
Order of Council, May 1st, read. Draught of a letter to Lt.-Gov. Bennet ordered to be prepared accordingly.
May 12. Letter to Mr. Penn approved and sent.
Letter from Mr. Burchet with extract read. Ordered that Mr. Roope and Mr. Thurston have notice to attend to-morrow.
Draught of letters to Governor Dudley and Lt.-Gov. Bennet agreed upon.
Memorial from Mr. John Royle read. Representation recommending Col. Maxwell ordered.
Letter to the President and Council of Maryland signed and sent enclosed to Lord Baltimore.
Draughts of letters to the Governors of Virginia, Maryland, Pennsylvania, New Jersey, Connecticut and Rhode Island, agreed upon. [C.O. 391, 96. pp. 102–107; and 391, 97. pp. 359–368.]
May 11.
Admiralty Office.
676. J. Burchett to William Popple. Having received a letter from the Navy Board, wherein they inclose one to them from the Officers of the Yard at Plymouth, desiring to receive some further Instructions in relation to the Chaines and other Stores which they are ordered to prepare for the Boom at Newfoundland, I send you herewith a copie of the sayd letter, that you may please to lay the same before the Lords of the Council for Trade and Plantations. Signed, J. Burchett. Endorsed, Recd. Read May 12, 1703. ¾ p. Enclosed,
676. i. Extract of Letter from the Officers of Plymouth to the Navy Board, May 7, 1703. Pursuant to your warrant of 27th past, we have got together two anchors in order to be sent to Newfoundland, but as for the two small chains and iron for ring-bolts, would be glad to know the weight and length of the chains etc. ¾ p. [C.O. 194, 2. Nos. 119, 119.i.; and 195, 3. pp. 223, 224.]
May 11.
[11th 3rd month, 1703.]
677. Wm. Penn to the Council of Trade and Plantations. Honble. Friends. Since I observe your bent is extreamly strong to bring all proprietary Governments more immediatly under the disposition of the crown, and the disadvantage they are and must be under on that acct., I thought fitt to lett you know, that upon a just regard for the security of me and the people in our Civil Rights, according to the Laws and Constitutions of the Country, I shall, upon a reasonable satisfaction, resigne to the Crown, the Governmt. thereof, saveing some few previledges that will not be thought, I believe, unreasonable. I could say abundance to vallue my pretentions upon this head, but will not anticipate your inclinations to be kinde as well as just to your respectfull Friend. Signed, Wm. Penn. Endorsed, Recd. Read May 11, 1703. Holograph. 2 pp. [C.O. 5, 1262. No. 28; and 5, 1233. No. 45; and 5, 1290. pp. 313–314.]
May 11. 678. Minutes of Council of Barbados. H.E. Sir Bevill Granville produced H.M. Letters Patents, wch. were read, and also a Commission from the Lord High Admiral to be Vice-Admiral in these parts. H.E. took the oaths for administering the Government and the oaths for securing the Acts of Trade and Navigation, the oaths instead of the oaths of allegiance and supremacy and subscribed the Test (the oaths appointed in the Act for setling the succession of the Crown not being yet come to this Island). The members of Council took the oaths appointed and subscribed the Test, and the oath of Councillor. A Proclamation was issued that all officers, civil and military, shall continue in the execution of their several offices until H.E. pleasure be further known.
Ordered that Mr. Hart deliver to H.E. the whole proceedings relating to the trial of the French prisoners that came up in the late pretended flag of truce. [C.O. 31, 8. pp. 25–27; and 34–36.]
May 11. 679. Journal of Assembly of Barbados. The members present being but fourteen, and there being noe likelyhood of making a House, adjourned till the 18th. [C.O. 31, 7. pp. 54, 55.]
May 11. 680. Journal of House of Representatives of New York. Bill for better explaining the Act to enable the respective towns to build and repair their meeting-houses and other publick buildings, and also to enable the several countys of Richmond and West Chester to erect common gaols and other public buildings for the service of the said countys, was read the first time.
Petition of Dirck Vanderburgh was presented to the House and read, complaining that the brickmakers in this Province making their bricks not according to the standard of England is prejudicial to the Province. Ordered that a clause be inserted in the bill to be brought in for the better regulating the assize of casks etc. that all bricks to be made in this Colony from and after Aug. 1st shall be according to the standard of England.
Bill to explain the Act for defraying the Public Charge was read with amendments and agreed to.
Bill for setling the estate of David Briggs read the second time and committed. Ordered that the parties named therein give timely notice thereof to the possessors or territenants of those lands that they make what objections they think fit.
May 12. Bill to explain the Act to enable the respective towns to build meeting-houses etc. read the second time.
Bill to explain the Act for defraying the public charge was read the third time and sent up.
Bill for the better and more speedy recovery of the forfeiture of 6l. for persons not appearing upon detachments and performing the service required according to the purport of the Act for the better settling the militia was read the first time.
May 13. The last mentioned Bill was read the second time and committed. [C.O. 5, 1185. pp. 47–50.]
May 12.
681. Council of Trade and Plantations to the President and Council of Maryland. The Lord Baltemore having complained to us of some infringement made upon his rights by an Act of the General Assembly of Maryland ascertaining the bounds of land, and likewise of injury done him by another Act for securing of administrators and executors from double paying of debts and limiting the time for payment of obligations within that Province, we send you here inclosed copies of his Lordship's observations upon the objections against both the said Acts, that you may consider thereof with due regard to his Lordship's rights, and take such measures thereupon as may be agreable to reason and justice. Signed, Weymouth, Dartmouth, Robt. Cecill, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen. [C.O. 5, 726. pp. 258, 259.]
May 12. 682. John Royle to the Council of Trade and Plantations. Col. Andrewes, one of the Council of Barbadoes being lately deceased and Col. Thomas Maxwell being recommended by the late Governor for that post, and having been Speaker of the Assembly in Barbadoes several times, I humbly pray your Lordships' favour in recommending him to H.M. to be one of the Council in the room of Mr. Andrewes. Signed, John Royle. Endorsed, Recd. Read May 12, 1703. ½ p. [C.O. 28, 6. No. 96.]
May 12.
683. William Popple to Josiah Burchet. In reply to letter of May 11. The weight of the two chains being not easy to be determined, the Council of Trade and Plantations think it proper that the length of each be 30 fathom, and the bigness like that of top-chains for a man of war of 70 or 80 guns, and as for the ringbolts, it being doubtful whether there be any smith in Newfoundland capable to make them, they judge it necessary that they be made here, and that each of them be of the diameter of 1½ inches. [C.O. 195, 3. p. 225.]
May 12.
684. William Popple to William Penn. In reply to your letter of May 11th, the Council for Trade and Plantations desire you to lay before them your proposals in writing, explaining the reasonable satisfaction that you designe, and the particular priviledges which you desire to have reserved, that they may be inabled to present their opinion upon the whole matter to H.M. 1 p. [C.O. 5, 1233. No. 46; and 5, 1290. pp. 314, 315.]
May 12. 685. Minutes of Council in Assembly of Jamaica. Message from the House in writing: We must needs believe the veracity of the members of our House that carried up the message of May 5, which they affirme they delivered as 'tis entred in our minutes. But if any particular words had been assigned for a mistake, wee should have endeavoured to rectify it, so that a good correspondence with the Council might have been preserved, to have proceeded vigorously in the discharge of those affairs that lye before us for H.M. service and the good of our Country, for which wee were called together by H.M. writ to treat with the Council. But since Conferences are deem'd impracticable and denyed, we know not how to proceed without lessening our own known rights and privileges. If the Assembly have not power to call persons to account for summes of money raised by them, there will be no end of taxes, and that to no purpose. And if any persons are already gone off this Island that are concerned in raising, collecting and paying the taxes at Port Royall before Jan. 9, it therefore requires your speedier remedy to prevent these following them, whereby to make a private advantage of themselves of the public money. Wee conceive that wee may appoint Commissioners as is done in the Bill, and that the penalties cannot be called exorbitant or unreasonable when it conduces soe much to the Country's service and advantage, and may be done with so little trouble, and in a week's time, if once gone about. Therefore wee must needs complain of its being throwne by without a Conference or Amendment from the Councill, contrary to any former president. That the Assembly were fully resolved to make such provision for the officers and soldiers as might be sufficient for their subsistence, but to be circumscribed and tied up to lay all other business aside, nay even the enquiring into public funds, is such a hardshipp as never before was put on the Assembly, and wholly debarrs them of that freedome they ought to enjoy.
Ordered thereupon that a Committee be appointed to draw up a paper in answer to the Assembly's message this day to serve for Instructions to such a Committee as may be appointed to confer about the matter now lyeing before the Governor, Council and Assembly.
May 13. The report of the Committee was ordered to be as an Instruction to the Committee as follows:—The Governor and all the Council then present doe positively affirm that the message brought was as the Council sent it up recited in the message of your House, which causing an imediate debate at the Board, they came to the resolution sent up to the House in writing, but gave the Clerk of the Council leave to acquaint the House that if they had any subject matter they desired the Conference upon, and would particularly name it, the Council was ready to meet them. And had then just reason to believe the House were made sensible of the error, by reason they did not forthwith send up to the Councill to lett them know that their member was either mistaken in the delivery of his message, or that the Council mistook it, and soe to desire the said message should be regulated, which if done and the Council had assigned matter of debate, the Conference might have been as desired. The Council positively deny that the Conference[s] were ever denyed by them, as may appeare by the leave given to the Clerk of the Council, they having been on all occasions desired by them, it being in general their opinion the Queen's and Country's business cannot well be affected without conferences, though in this and former Assemblyes that House by their Committees have told the Council they would confer noe more with them. The Council doe not deny, but concurr with the opinion of the House that the Assemblys have power to call persons to account for money raised by themselves, and will be ready to give all due assistance in the matter, which made them give the Bill sent up for calling the persons of Port Royal to account a present reading, and committed the same, but believing several paragraphs and sentences in the same, and the impositions laid on the persons named Commissioners unreasonable, more especially making noe provision of a compensation for their paines and loss of time (as the House in other cases have done when their own members were employed), nor being satisfied the gentlemen therein named were willing to accept the same, and for that that Bill would take up a considerable time in the amendments by several Conferences before it could be effected, the Council were of opinion that the necessity of taking a speedy care for the officers and soldiers was the first thing ought to be regarded, and the same when by the message of the House on Fryday they was acquainted of the vote of April 24 which before they was ignorant of, onely by what was told the Governor by the Speaker soone after the passing of that vote or about that time that the House was drawing up a Bill for quartering the officers and soldiers for one month, in order to make further provision when more att leisure and better informed of payments of publick money, or to that effect. But on May 1st following, instead of an Act for providing according to that resolution, the House sent up an Act to confirm the old Act for another month, which only provides for the soldiers, without officers, and above a hundred of them are upon the Queen's Revenue now, which they know to be exhausted and very considerably in debt, without passing a vote for loan, and notwithstanding the Council believe it absolutely necessary for the Port Royal Act to be done, which will not nor can any way affect the keeping the soldiers, the said money being already appropriated, they thought it more reasonable first to make provision for the officers and soldiers, several of which have had no manner of quarters for near sixteen weeks past, nor can the Treasury have credit without a vote of the House to enable it. And as to more persons concerned going off the Island, for the future it may be obviated, for upon application made they may be stopt (none can goe without a tickett), and the said Act being now on foot perticular care may be taken that none shall goe. And notwithstanding in the message from the House they say that a week's time will effect the intent of that Act, which they say the Councill have thrown by without any Conference, the Councill positively affirme the contrary, nor can they conceive it will or can be done in that time; therefore are desireous to see the more necessary Bill for providing for H.M. officers and soldiers perfected, several of which are in danger of perishing, their owne pay not being sufficient for their support. And the Council are fully resolved to go on with the said Bill, as they hope the Assembly will with the other, according to the Governor's desire both by his Speech and Message to the House; and they must think it not unusual for Governors to recommend to Assembly what they think most necessary for the service of the Crown and good of the Island, and to desire them to lay by all thoughts of other businesse until such affairs are effected. And although the House by their message intimate that they were by the Governor commanded, the Councill unanimously averr he onely desired the House would forthwith goe upon a Bill for effectuall quartering the officers and soldiers, as they may find by his speech, nor did the Governor att any time hinder the debating and inquireing into public funds.
In the last message the House take occasion to direct the Governor and Council, though they seem to be disgusted that the Governor should offer any directions to the House.
Message sent down that the Council desire a free Conference immediately upon the subject matter of the message from the House yesterday, and doubt not to make it appear the Council never denied any conference upon any subject matter proposed. The House consented. [C.O. 140, 6. pp. 469–474.]
May 13.
Office of Ordnance.
686. Board of Ordnance to the Council of Trade and Plantations. Having my Lord Treasurer's direction of Mr. Lowndes's Letter of the 11th prest. for providing what shall be necessary to fix a Boom in St. John's Harbour in Newfoundland, wee desire you will order the person that will undertake the same to attend us here about ten a clock on Tuesday morning next. Signed, C. Musgrave, Ja. Lowther. Endorsed, Recd. Read May 14, 1703. 1 p. [C.O. 194, 2. No. 120; and 195, 3. p. 226.]
May 13.
687. Council of Trade and Plantations to the Queen. In obedience to your Majesties Orders in Councill, we herewith lay before your Majesty the draughts of letters for your Majesties royal signature, vizt. To Col. Dudley, Governour of the Massachusetts Bay and New Hampshire in New England, requiring him to use his endeavours to dispose the Councills and Assembly of those Provinces to make due provision for their own defence. As also to your Majesties Lieutenant Governor of Bermuda for releasing George Larkin Esq. from the confinement he had laid upon him. Signed, Dartmouth, Rob. Cecill, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior. Annexed,
687. i. Draught of a letter from the Queen to Governor Dudley. Trusty and well-beloved wee greet you well. Whereas it has been represented to us by the Council of Trade and Plantations from the accounts you have given of the state of defence of our Province of the Massachusets Bay, that cannon and other stores of war are wanted in several parts for the defence of that Province, and whereas you have formerly been directed to move our Councill and the Assembly of our said Province in the most pressing manner that they take effectual care for the building a good Fort at Pemaquid, about the same place where the former stood, and for other fortifications necessary for the defence of our said Province, with intimation that when the said fortifications should be built, wee would be graciously pleased to send thither some great gunns and other stores of war towards the finishing and for the use of the same. But whereas no advance has hitherto been made in that service, and the Assembly notwithstanding your insisting therein in our name, and the concurrence of our said Councill, have declined to make any provision for the carrying on of that important work at Pemaquid; wee do hereby signify to you our royal will and pleasure, that you represent to them our sense of their great neglect of duty to us and of their own security in this occasion, and that you thereupon again move them in the most pressing manner to do their utmost for their own benefit and preservation, in building the Fort at Pemaquid and furnishing their other fortifications and stores with necessaries; as likewise in contributing towards the charge of the Fort at Piscataway, the security of which neighbouring place (as a frontier and in-lett to their country) is of great importance to their safety. And you are hereupon further to acquaint them that their effectual complyance with these directions, will be the most proper inducement to incline us to be assisting to them by a further supply of great gunns and stores as we shall judge necessary. So we bid you farewell. Given at our Court at St. James's the 18th day of May 1703. In the second year of our reign.
687. ii. Draught of a letter from the Queen to Governor Dudley. Trusty and wel-beloved we greet you well: Whereas it has been represented to us by the Council of Trade and Plantations from the accounts you have given of the state of defence of our Province of New Hampshire; that the Fort at the entrance of Piscataway River, being the place of most importance for the defence of that Province does require repairation and additional works for the security thereof, as likewise ordnance and other stores of war for the defence of the same, which would be too heavy a charge for the inhabitants of that Province to bear; and whereas they have not hitherto exerted their endeavours as they ought to have done for their own safety, whilst at the same time they have raised considerable sums of money for unnecessary uses; Our will and pleasure is, that you represent to our Councill and the Assembly of our said Province their great neglect and thereupon move them in the most pressing manner to doe their utmost for their own preservation, particularly in keeping the Fort at Piscataway in good repair and in a state of defence without mispending the publick money; which will be the most proper inducement to incline us to be further assisting to them as we shall understand to be necessary. So we bid you farewell. Given at our Court at St. James's the 18th day of May 1703. In the second year of our reign. [C.O. 5, 911. pp. 41–47.]
May 13.
688. Council of Trade and Plantations to the Queen. Whereas a vacancy has lately happened in yr. Majesty's Council of Barbados by the death of Colonel Andrews, and that Colonel Thomas Maxwell of that island stands first upon the list lying before us of persons well qualified to be Counsellours of that Iland, pursuant to yr. Majesty's instructions. We humbly recommend the said Maxwell to yr. Majesty to supply the said vacancy. Signed, Dartmouth, Robt. Cecill, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. [C.O. 29, 8. p. 304.]
May 13.
689. Journal of Council of Trade and Plantations. Mr. Roop attending, answered some questions relating to the chains to be sent to Newfoundland. Letter ordered to be written to Mr. Burchet accordingly.
Representation wherewith to lay letters before H.M. signed.
Representation recommending Col. Maxwell signed.
Remainder of the Acts of the Leeward Islands, 1701, considered, and a report ordered upon all except two.
Acts of Jamaica, 1699, considered, and having formerly reported upon two, their Lordships gave directions for preparing a Report upon four more, and also of one separate private Act, omitting mention of one that expired, and of other four private Acts, of which no particular account has been laid before the Board by persons concerned or others in their behalf.
A new Clerk was appointed at 30l. per annum in place of Mr. Bruges, decd.
May 14. Letter from the Board of Ordnance read. Mr. Roop offering his services, a letter of introduction was delivered to him.
Representation upon the remainder of the Acts of the Leeward Islands signed.
Representation upon the Acts of Jamaica signed.
Their Lordships then entered upon the consideration of the collection of the Bermuda Laws 1690. [C.O. 391, 16. pp. 108–113; and 391, 97. pp. 371–376.]
May 14.
690. Council of Trade and Plantations to the Principal Officers of the Ordnance. In answer to yours of 13th inst., we have ordered the bearer hereof, John Roope, who will undertake the fixing a boom in St. Johns Harbour in Newfoundland to wait upon you. We find him a person well acquainted with that country etc. Signed, Robt. Cecill, Ph. Meadows, John Pollexfen, Matt. Prior. [C.O. 195, 3. p. 227.]
May 14.
691. Council of Trade and Plantations to the Queen. We humbly offer the following Acts passed some time since in the General Assembly of Jamaica for your royal approbation: (1) Act for raising parties to suppress rebellious and runaway negroes. (2) Act for uniting the precincts of St. Andrews and Kingston. (3) Act to make sundry persons a Body Politick, and Directors for the Bath of St. Thomas the Apostle. (4) Act to oblige the Parish of St. Katherines and St. Andrews to build a bridge over the River Rio Cobre. (5) Act for entailing a parcel of land upon Edmund Edlyne and his heirs according to an agreement made before marryage. Signed, Robt. Cecil, Ph. Meadows. Wm. Blathwayt, John Pollexfen, Mat. Prior. [C.O. 138, 10. pp. 465, 466.]
May 14.
692. Council of Trade and Plantations to the Queen. Recommending for H.M. approbation the following Acts past in a General Assembly of the Leeward Islands, Dec. 1701;–(1) An Act for the better securing H.M. Leeward Islands in case of war, and to establish a fund for the same. (2) An Act for the finding supernumerary arms to be proportionable according to the number of every person's negroes. (3) An Act to repeal an Act against the Jews. (4) An Act for the preventing the abuses in all manner of lumber, and for the better encouraging of that Trade.
But whereas another of the said Acts, entituled an Act to settle General Councils and General Assemblys for the Charibbee Leeward Islands in America, and to secure to each respective Island their own peculiar Laws, Liberties and Priviledges does, amongst other things, provide that no Act, Law or Ordnance whatsoever made in that or any other General Council and General Assembly for the future shall be of any force in or over that particular Island whose Representatives shall wholly dissent from the making or passing thereof, which exemption of any particular Island from being concluded by the majority of votes in a General Assembly of the whole we humbly conceive to be very inconvenient, contrary to the design and intent of your Majesty's Commission impowering the Governor in Chief to call Assemblies and enact Laws for the good of the said Islands joyntly as well as severally, and inconsistent with that Government, where the Governor in Chief has and ought to have the last negative voice; for which reason we humbly offer that your Majesty would be pleased to declare your disapprobation and disallowance thereof. Signed, Rob. Cecil, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Matt. Prior. [C.O. 153, 8. pp. 178–181.]
May 14. 693. Minutes of Council in Assembly of Jamaica. The Committee reported that they had discussed the Heads of Instructions with the Committee of the House appointed for the Conference yesterday, who at first highly insisted on the veracity of the members, and that they was denyed a Conference, but afterwards grew more calm, and that they parted not without hopes all matters will be done to a general satisfaction.
Bill for appointing Commissioners was referred to a Committee.
Message from the House sent down in writing:—The Assembly have great reason humbly to desire and press your Honour and the Honble. Board for the passing the Bill for appointing Commissioners to enquire after the Port Royal money, which being done the House have resolved persuant to a former vote to pass an Act for the subsistance of H.M. officers and soldiers to commence from May 1st and to reimburse the Treasury such reasonable summes as have or shall be expended on that account. And we likewise entreat your Honours considering the Holydayes are soe near, the Fleet ready to sail, and the Grand Court at hand, that you'l be pleased to give us leave to adjourne till such time as your Honour shall think fit.
Message sent to the House desiring a free Conference about the subject matter of their last message, to which they assented.
May 15. The Committee reported from the above Conference that they had assured the Committee of the House that the Bill appointing Commissioners had been recommitted and would be sent down with amendments with all convenient speed, and if agreed to by them would be passed: that the Board were well pleased with their resolution for the subsistance of H.M. officers and soldiers, and hoped they would "not stent the time for their subsistance for less than 12 months, or some considerable time, that wee may all enjoy a little time to ourselves after the long fateague of attendance. As to the adjournment, we can't think it reasonable to desire a very long one by reason that the Act you have already sent up, which is under the consideration of a Committee as well as the Act the Governor and wee with him desire may be dispatcht, that the Grand Court may without any interruption be held, and then wee shall readily joyne with the desire of your House for such a reasonable time as may be thought convenient, that those gentlemen of your House as well as the members of our owne that have any buisiness at that Court may have that necessary leisure as to mind their private affaires. The Governor assures you by us that his word shall be sacred as that you shall have what time you shall think or desire for the setling the general Acts and Laws of the country etc. upon suteable application." To which the Committee of the House sayd it will be very satisfactory to them to have leave to adjourne for a week by reason the Fleet is speedily to saile, severall merchants and others in the House are soe very much prest by their affaires that they cannot without great prejudice to them attend. But that the bill for making provision for the officers and soldiers will during the adjournment be proceeded in, being already referred to a Committee.
The Governor gave leave to the Assembly to adjourn till Munday next come seavennight. [C.O. 140, 6. pp. 474–477.]
May 14.
694. Minutes of Council of the Massachusetts Bay. H.E. acquainted the Council that he had received intelligence from Pennicooke that the Indians were returned to their usual settlement their, and hoped they would be kept in good order. He also communicated a letter from Major March, and another from Capt. Southack, expressed from Cascobay, advising that upon Munday the 10th currant, one Newman, master of a sloop and his company, being four in the whole, as they were cutting of sparrs upon Cousens Island in Casco Bay, were surprized by three Frenchmen and three Indians armed, who killed one of his men, kept two more prisoners, and having rifled the sloop, sent Newman in her to Casco Bay; and that upon his arrival, Major March and Capt. Southack had sent to Moxis and the other Indian Sachems to inform them of what had hapned, and to know whither any of their Indians were actors in the said insult, and whither they countenanced the same; and also made out a party of men to go to the place and bring off the body of the dead man.
86l. 1s. paid to Saml. Heeling, merchant, for the hire of the sloop Seaflower for 2¾ months.
24l. 11s. 3d. paid to Capt. Timothy Clarke for two flaggs by him provided for H.M. Castle 1701 and 1703, and two for the two batterys in Boston.
3l. 19s. paid to Samuel Gookin, Sherif of Middlesex, for charge of expresses etc. during the Session of Assembly at Cambridge, Oct. 1702.
H.E. and Andrew Belcher were desired to treat for a new boat to be built for H.M. Castle, and to report thereon to the Board.
Accompts of Arthur Mason and Samuel Gookin committed.
H.E. communicated to the Council some passages out of a letter from Lord Nottingham, Nov. 23 last, vizt, that the men sent from New England to the West Indies should not be dispersed on board of the Fleet, but be kept together and returned home again, so soon as the service shall be over; as also an intimation that the squadron in the West Indies would touch at New England in order to their proceeding to the Northward on some further service. [C.O. 5, 789. pp. 503–504.]
May 14. 695. Journal of House of Representatives of New York. Bill to explain an Act to enable towns to build meeting-houses etc. was read the third time and sent up.
H.E. sent down a Print from England entituled the Case of William Atwood etc., and another paper said to be a coppy of a petition directed to the Council of Trade and Plantations, containing several scandalous, malitious, notorious untruths and unjust reflections on the persons in the present administration of this Government. Ordered that the papers lie on the table.
May 15. Bill for the better recovery of the forfeiture of 6l. etc. was read a third time with amendments and agreed to.
The House proposed the appointment of a joint-committee to consider of the print and paper sent down yesterday.
H.E. sent down a draught in parchment and two estimates of two batteries designed to be built at the Narrows, one on Staten Island and the other on the Island of Nassaw. Resolved, that the House will on Tuesday resolve into a Committee of the whole House to consider the same. [C.O. 5. 1185. pp. 50–52.]
May 15. 696. Affidavit of George Long, mariner, of Kent. In June, 1694, his father Capt. George Long having built a ship in New England with intent to carry masts etc. for the King's service, hoisted on her, being taken into the King's service, the King's Jack, as was usual at that time by ships so employed, and as she did in several ports after in England. Mr. Usher, being offended thereat, sent his Captain, Mr. Walton, to strike the said colours, which the Captain did, Capt. Long not being then on board. Next day Capt. Long hoisted the Jack again, at which Mr. Usher sent Capt. Walton again to put it down. Capt. Long showed him his authority. Notwithstanding Mr. Usher made an allaram at the Fort, and sent for the trained bands and would have entered them on board, but Capt. Long would not suffer them to enter, and on that he sent for more forces, and after that more from about Dover and Oyster River. Mr. Usher knew there was a warr at that time with the Indians, and that it was a great hazard to call the men from their proper places. The Indians that night fell upon the people about Oyster River, and, the people being gone from the Bank, not far from Oyster River, upwards of 90 souls were killed and carried away, their houses burnt and plundered. Then Mr. Usher dismissed his soldiers and said no more. Mr. Usher used constantly to be fired at the Fort at his coming and goeing out. Deponent lookes upon Mr. Usher to be so uneven a temper and so rash, and has heard most people on the great Island, where Mr. Usher usually resorted at his comeing into the Province, complaine of him, and that he is not fit to govern. If the sence of the People could be known, the greatest part of them would appear against him, especially the most substantial part. Mr. Parker the Lieut. Col. made by Mr. Usher is not the man Mr. Usher represents him, being far from a gentleman of sobriety, and being of a small fortune, litle conduct, and was displaced by the Earl of Bellomont as a man not fit. Signed, George Long. Endorsed, Recd. Read May 19, 1703. Copy. 3 pp. [C.O. 5, 863. No. 31.]
May 16.
697. Governor Dudley to the Council of Trade and Plantations. This morning I have the honour of your Lordships' letters of Jan. 26, and though the ships are ready to saile the next tide, I am not willing to omit my duty in acknowledging the receipt thereof, and of your Lordships' favour, particularly, Referring to the Report of the Posture of Road Island, which grows worse every day, as my letter humbly offered with this conveyance will further manifest and referring to the Present made me in New Hampshire, and hopes of a setled salary, which I humbly pray your Lordships will think necessary, that I may support H.M. honour here, and do my duty as I ought. The businesse of Wybird and Walton, I have no need to take any time to give your Lordships account thereof, it being a very wrong information and complaint to your Lordships, and is the same cotton-wool your Lordships wrote formerly off. Those four Baggs of Cotton, which are one of the enumerated commodities, that must not passe, by Act of Parliament, from one Colony to another without a cocquet passport, whereof the words are known and set in all the Custom-house Offices in the Plantations, these baggs were shipt from Boston to New Hampshire, a distinct Province and Government, with no cocquet at all, and so were justly seized, and, my Lords, if upon any pretence we skip over that part of the Act, all will break loose presently. After Sheafe, who is a very good officer, had seized them, the owners thought to save the matter, and sent to Boston before the trial, and got an unusual cocquet from the Deputy-Collector there ex postfacto, saying that the four bags of cotton wool were duly imported into Boston and exported from thence, which note was brought to me, being then in New Hampshire, and the date of it, as well as the unusual form, discovered the collusion; upon which I wrote immediately to the Deputy Collector to do the Queen right, and make the Justices of that Court and Government sensible that the wool was not duly exported from Boston, the word left out in the aforesaid post-dated cocquet; and he forthwith upon that admonition certified the whole matter, which was reasonable should be known to the people there, but not necessary for the Court to proceed upon, the onus probandi of due importation lying upon the Importer; this is all that matter, and the last Court in that Province gave the wool for the Queen without any doubt, though they have again appealed, to end all which I have removed the case into the Court of Admiralty, the Judge whereof is Mr. Atwood's Deputy, who makes no doubt of the forfeiture, but whether he may give judgment in the case, it having been heard in another Court, which I have formerly humbly laid before your Lordships; and your Lordships' Order to me to require the Judge of the Admiralty to proceed upon that, and all other cases wherein H.M. Revenue is concerned, as the Act of Parliament hath provided, will issue all. The four baggs of cotton-wool are not worth 20l., but the dismission of them would let loose all the Trade of the Plantations, which has been now forty years in setling. I should be wanting of my duty to H.M. if I should not say all this upon the head of H.M. Revenue, and in justification of Lt. Gov. Partridge's proceeding in that matter. Referring to the suspension of Mr. Jefferies. it was done in my absence, and though I have been there since, was not willing to enter into it, without direction from your Lordships, which now at my next going about a month hence, I shall examine and report, though truly Mr. Jefferies has a great deal of wrong done him, if he do at all love the Crown and Government of England, or the Acts of Parliament referring to Trade, he being represented as the Master of misrule in those parts by encouraging a Scotch and Jersey trade, and everything else whereby anything is to be gotten. Signed, J. Dudley. Endorsed, Recd. June 30, Read July 13, 1703. 3 pp. Annexed,
697. i. Abstract of preceding. 1 p. [C.O. 5, 863. Nos. 35, 35.i.; and (without abstract) 5, 911. pp. 87–91.]
[May 16.] 698. John Usher to the Council of Trade and Plantations. Reply to the Memorial of Mr. Vaughan. He hath the esteem of the major part of the people of the best estates in New Hampshire. His being related to Mr. Allen only by marriage is no legal objection, and cannot affect any law suit there, for Usher cannot be either Judge or of the Jury for determining thereof. He never gave out the speeches alleged. (2) Denies that by any unjust or rash action any were forced to leave the Province. Cases of John Pickering, William Partridge, George Long. Long defying the Government (see No. 696), he raised the Militia of the Great Island, and sent to the Bank (but not to Oyster River) for men to assist him to seize Long, but Long in the night-time made his escape. As to person sent to prison at Welchman's Cove, he was a Lieutenant who had contrary to express orders dismissed several soldiers in his own and other garrisons when there was great need of them, for which he was tried by a Court Martial and fined only 20l. Usher never dissolved the Assembly purely for differing in opinion from him, but for weighty reasons and regard to H.M. service. He never issued out a warrant or order for pressing any Assembly man, nor did he ever issue out his warrant to press any others but with the advise of the Militia Officers, and when there was great occasion. But confesseth that three great ships appearing on the coast in war time, and when the Assembly was sitting and not knowing whether they were enemies or not, he commanded the Assembly, which was then dissolved, not to depart the Island without leave, and this is the pressing of Assembly men mentioned by the Vaughan. (3) Denies mismanagement of powder. Some few guns were fired two or three times a year by the Captain of the Fort as a piece of respect to him, but without his order. He told the persons who applied for payment for disbursements made before the time of his Government, that they might apply to the King for it. (4) It is a wicked, false and malicious insinuation that the Indians took the advantage of falling on the inhabitants upon the drawing any forces from Oyster River. (5) He did turn Vaughan and Waldron out of the Council, knowing them to be disloyal and disaffected persons to H.M., more especially Vaughan, who had often declared the Government ought not to be in the Crown but in the people. The persons he put in were of sobriety, substance and credit and well affected to H.M., as was the Lt. Col., and the occasion of making him Lt. Col. was because Vaughan, either out of fear or contempt of orders given, refused to march from Dover, or to send relief to Oyster River when the people there were beset with Indians, although Vaughan was at Dover within three miles of the place, and might have come to the timely relief of the poor people there, without waiting for orders, all the Militia officers having before recd. orders to march upon the first notice of the approach of the enemy. (6) On Dec. 13, 1697, he ordered the Militia of Hampton and Newcastle to be in arms to attend the publication of the Peace, and then dismissed them. He turned out the Captain, for refusing to obey orders and being a seditious, turbulent and disaffected person to kingly Government. (7) Denies that all or the greatest part of the matters aforesaid were heard before Lord Bellomont, or that he was ordered or summoned to attend my Lord about them, and saith that if there was any such representation made by my Lord Bellomont, it was done without ever calling this respondent to answer. None of the disorders in the Province were owing to him. (8) Mr. Allen has a right to, and ought to have possession of the waste lands in the Province. Signed, Jno. Usher. Endorsed, Recd. 16th, Read May 19, 1703. 8 pp. [C.O. 5, 863. No. 32.]
May 17.
St. James's.
699. Order of Queen in Council. Approving Representation of May 13, and ordering draughts of letters to Governor Dudley and Lt. Governor Bennet to be prepared for H.M. signature accordingly, the letter to Capt. Bennet to be sent by an adviceboat in case no other opportunity do offer of one of H.M. frigatts or some other speedy conveyance, for which H.R.H. the Lord High Admiral has been already desired to give the necessary directions.' Signed, John Povey. Endorsed, Recd, Read May 21, 1703. 1 p. [C.O. 5, 863. No. 36; and 5, 911. pp. 50, 51.]
May 17.
St. James's.
700. Order of Queen in Council. Confirming Acts of the Leeward Islands as recommended in Representation of May 14, supra. Signed, John Povey. Endorsed, Recd. 1st, Read June 8, 1703. 1¼ pp. [C.O. 152, 5. No. 27; and. 153, 8. pp. 194, 195.]
May 17.
St. James's.
701. Order of Queen in Council. Repealing Act of the Leeward Islands to settle General Councils and General Assemblies etc. as recommended in Representation of May 14 supra. Signed, John Povey. Endorsed, Recd. Read May 25, 1703. 1½ pp. [C.O. 152, 5. No. 28; and 153, 8. pp. 183, 184.]
May 17. 702. Memorandum of Order of Queen in Council, May 17, upon a representation of May 13, concerning Governor Bennet. [C.O. 37, 4. No. 26.]
May 17.
St. James'.
703. Order of Queen in Council. Confirming four Acts of Jamaica, 1699, according to the Representation of May 14. Signed, John Povey. Endorsed, Recd. 3rd, Read June 8, 1703. 1½ pp. [C.O. 137, 5. No. 105; and 138, 10. pp. 475, 476.]
May 18. 704. The Queen to Lt. Gov. Bennett. Trusty and wellbeloved we greet you well; Whereas George Larkin, Esq., sent by our dear brother the late King with commissions under the Great Seal of England, to the respective Governours in our Plantations, as one of the Commissioners for putting in execution the late Act of Parliament for the more effectual suppressing of piracy, and with particular instructions to direct and methodize the proceedings of the Courts that should be held in the Plantations pursuant to the said Act, has complained of your proceedings in imprisoning and detaining him in the Bermuda Islands. which we take to be very irregular, and unfitt toward a person intrusted with so important a Commission, unless for a capital crime or signal breach of the peace; We do hereby signify to you our royal will and pleasure, that you do forthwith release the said Larkin from the confinement you had laid upon him, and assist him in procuring a conveyance for him in order to the execution of his Commission, and taking upon him the office and charge of our cheife Secretary in the Leeward Islands; and we do further direct and require, that you transmit unto us by one of our principal Secretarys of State and to our Commissioners for Trade and Plantations, an account of your proceedings in relation to the said Larkin, that the same may be laid before us, for our royal pleasure. Given at our Court at St. James the 18th day of May, 1703, in the second year of our reign. Countersigned, Nottingham. [C.O. 38, 5. pp. 380, 381.]
May 18
[18th 3m (May) 1703].
705. William Penn to the Council of Trade and Plantations. Your Letter is with me, to wch. I humbly offer, that I think I have said enough for you to lay before the Queen in Genll., and that her answear, before perticulers, may be ye best way to proceed with you. I beg this may not give any disgust, or obstruct the progress of ye buisness, intending neither insincerity or delay, for if the Queen should not encline to such a Treaty, I should be sorry to goe further, or be perticuler, and I beleive some of ye Ministry will not think it unreasonable. I am, your Respectfull Frd., Signed, Wm. Penn. Endorsed, Recd. 17th, Read May 20, 1703. Holograph. 2 pp. [C.O. 5, 1233. No. 47; and 5, 1290. pp. 315, 316.]
May 18.
Admiralty Office.
706. J. Burchett to Mr. Popple. H.M.S. Centurion is ordered for Plymouth to the Downes; from thence she will take her departure for Newfoundland, and call at the Ports in her way for such trade, if any, as shall be ready to accompany her. Signed, J. Burchett. Endorsed, Recd. Read May 19, 1703. Addressed. Sealed. ½ p. [C.O. 194, 2. No. 121.]
May 18. 707. Minutes of Council [in Assembly] of Barbados. H.E. having received the oath in the Act of Succession, subscribed the same, as did the members of Council.
Proclamation ordered, that all persons that shall arrive at this Island forthwith repair to the several persons as shall be appointed in the respective places of their landing, and give an account from whence they came, and answer all such questions as shall be reasonably demanded of them, upon oath or otherwise, and that noe person within this Island presume to entertaine any such person or persons until they have so done, and shewed a certificate thereof from the person appointed to examine them, as they will answer the contrary at their utmost peril, and that the persons that so examine them forthwith give an account thereof to H.E.
Proclamation ordered to be drawn up for the encouragement of piety and virtue, and for discouraging and suppressing of vice and immorality, to be publisht in the several Churches.
Writ issued for choosing a Member of Assembly for the parish of St. George in room of Miles Toppin.
The Assembly attending, H.E. addressed them, and was answered by the Speaker. They took the oaths appointed etc.
The Speaker requested H.E. whether he would provide a house for himself by accepting of an equivalent, or leave it to them to provide one for him. H.E. said he would accept of the first, if it was as agreable to them. The Assembly withdrew, and sent up a Message desiring H.E. to accept of 500l. per annum for that purpose; and that they had not time to draw up an Act this sitting, but would do it at their next meeting, this day three weeks. [C.O. 31, 8. pp. 28–30; and 36–39.]
May 18. 708. Journal of Assembly of Barbados. The late Speaker's time being expired, Thomas Maxwell was again elected Speaker. The House waited on H.E., who gave them his instructions that all the Members ought to take the oath appointed by the late Act of Queen Anne, which was accordingly done.
H.E. also communicated his Instructions that a fitt and convenient house be provided for H.E., and proposed that the duety of such wines as he hath brought with him may be remitted; that an Act to revive the Grand Sessions be drawn according to the report of the Attorney and Solicitor General, against the next Session of this House.
Resolved that 500l. per annum during H.E.'s Government and aboad on this Island be presented to H.E. for provision of a house for him, and that an Act be drawn accordingly. This resolve was sent up.
Upon the petition of Saml. Cox for leave to withdraw two petitions of his that lye before this House, for that there have happened some mistakes in the transcribing the accounts annexed, resolved that he may have copies, but that the originals remain in the custody of the Clerk of the Assembly.
The report of the Attorney and Solicitor General upon the Act about the General Sessions was read. Ordered that the Clerk of the House do inspect the whole matter, and prepare a Bill to supply the defects thereof by the next sitting. This resolve sent up.
The House adjourned till June 8. [C.O. 31, 7. pp. 55–57.]
May 18. 709. Journal of House of Representatives of New York. Bill for the more speedy recovery of the forfeiture of 6l. etc., was read a third time and sent up.
The estimates for building the batteries (May 15) were considered in Committee.
May 19. Bill for the better establishment of the Minister of New York was read a third time with amendments and agreed to.
Bill for declaring the illegality of the proceedings against Col. Nicholas Bayard and Alderman John Hutchins for pretended High Treason, and for reversing and making null and void the said judgments and all proceedings thereon, was sent down, and read a first time.
The House resolved into Committee and considered the report of the Commissioners of Accounts.
May 20. Bill declaring the illegality of the proceedings against Col. Bayard etc. read a second time.
The House resolved into Committee and further considered the estimates for building two batteries. [C.O. 5, 1185. pp. 52–55.]
May 19.
Admiralty Office.
710. J. Burchett to Wm. Popple. Understanding from Lord Nottingham that the Council of Trade and Plantations have occasion to send money to Newfoundland for purchasing malt for the Land forces there, I am commanded by the Prince to write to you to know to whom they would have the money delivered there. Signed, J. Burchett. Endorsed, Recd. Read May 20, 1703. Addressed. Sealed. 1 p. [C.O. 194, 2. No. 122; and 195, 3. p. 228.]
May 19. 711. Copy of Report of some Members of the Council of New Hampshire to Governor Lord Bellomont in answer to Mr. Usher's charge against them, and complaining of his conduct. Oct. 3, 1701. Endorsed, Recd. Read May 19, 1703. 8 pp. [C.O. 5, 863. No. 33.]
May 19. 712. Copy of Warrant by Lt.-Gov. Usher to Capt. Everden to bring his vessel against Newcastle to check a threatened insurrection. Sept. 30, 1696. Signed, John Usher. Endorsed, Recd. Read May 19, 1703. 1 p. [C.O. 5, 863. No. 34.]
May 19.
Wednesday morning.
713. The Lord Treasurer to the Earl of Nottingham. Having just now received a flat refusall from the Board of Ordnance to concern themselves about the providing a boom for the service of Newfoundland, I ask pardon of yr. Lordship for presuming I had any credit with them, and transmit their answer to yr. Lp., that you may please to send for the Navy board and them together and acquaint them both with H.M. pleasure in that matter. Signed, Godolphin. Addressed. Holograph. 1 p. [C.O. 194, 22. No. 5.]
May 19. 714. Copy of H.M. Letters Patents constituting Robert Stewart Register of the Chancery and Clerk of the Crown in Barbados, Nov. 27, 1702. Countersigned, Wright. Subscribed, Approved of, May 19, 1703. Signed, Bevill Granville. [C.O. 319, 1. pp. 88, 89.]
May 19.
715. Journal of Council of Trade and Plantations. Letter from Mr. Burchet, May 18, read.
Mr. Usher's answer to Mr. Vaughan having been brought to this office since the last meeting, and a copy delivered to Mr. Vaughan, was read. Mr Usher and Mr Vaughan attending with Counsel, both sides were heard. Mr. Vaughan's Counsel insisted that Mr. Usher's conduct whilst he was formerly Lieut. Governor of New Hampshire had so offended the people, and his interest, as Mr Allen's son-in-law, to set up a title to their lands was so opposite to the interest of the whole country, who had been above 60 years in possession of those lands, that it had set their minds against him, so that it must needs be thought very unfit for him to be made their Governor. Some of the instances of his unfit conduct were his pressing Assembly Men who had not voted to his mind to take arms; his violent and arbitrary proceedings towards Capt. Long; his stopping Mr. Martin, master of another ship; his turning Mr Vaughan and others out of the Council upon false or frivolous pretences; his forcing divers inhabitants upon occasion of his differences with Long, Martin etc., from those stations when their presence was necessary, and thereby exposing the country to the insults of the Indians; his imprisoning Mr. Pickering and others for not obeying his arbitrary commands. Affidavits etc. were produced. In answer it was offered that as to Mr. Allen's title, Mr. Usher could have no authority by his Commission to injure the inhabitants, but that their partiality hitherto in frustrating the effect of any trials that had been endeavored to be prosecuted concerning that title had made it absolutely necessary that somebody should be commissioned who would take care that Justice should have its course. That as to Long's business, he never produced any authority to wear the King's Jack, and therefore Usher, who had a Vice-Admiralty Commission, was in the right to inspect that matter; that Mr. Vaughan and Mr. Gerish, two of the persons imprisoned for not obeying orders were really faulty; the first in not marching according to the directions that had been given, the other in marching out of the Province without any direction; that the turning Vaughan and others out of the Council was (amongst other reasons) for their having refused to take the oaths and sign the Association; that Pickering did refuse to deliver the Records of the Province which were in his hands to Mr. Davis, appointed Secretary by the King's Commission; that the men he is said to have called away from their station upon occasion of these troubles was not from Oyster River, the place where the Indians did the mischief, but from another place called the Bank, and that the occasion of that mischief was in great measure owing to Mr. Vaughan's neglect of his duty in not going to their assistance; that as to the stop of Mr. Martin's ship, it was done that he might take with him the despatches for H.M. service, which Usher was then preparing. The other side replied, that the refusal of Mr. Vaughan and others to take the oaths etc. was not from any scruple upon account of dissaffection to the Government, but because of the persons commissioned by Mr. Usher to administer the same, who were their enemies, and that they did take the said oaths and subscribe etc. before Justices of the Peace; and as to Mr. Pickering, he being both Secretary and Recorder, he did deliver up to Mr. Davis the papers belonging to the Secretary's Office, but not those belonging to the Recorder's Office, and was not therefore in any fault.
May 20. Letter from Mr. Burchet, May 19, read.
Letter from Mr. Penn read.
Upon consideration of the hearing yesterday relating to Mr. Usher, their Lordships perused some part of Lord Bellomont's Report and other papers concerning the disorders in New Hampshire.
May 21. Upon occasion of Mr. Burchet's letter of May 19, ordered that Mr. Thurston enquire at the Victualling Office as to the value of the malt sent annually to Newfoundland.
Upon occasion of Mr. Burchet's letter of May 18, relating to the Centurion's being appointed for Newfoundland, ordered that the Secretary signify the same to Mr. Merrit and the Mayors of the Western Ports.
Letters to various Governors concerning the Quota signed.
Order of Council, May 17, with letters signed by H.M. read.
Ordered that the letters for Col. Dudley be sent him by the first convenient opportunity, and that that for Capt. Bennet be sent to Mr. Burchet to be forwarded according to the direction of the Order in Council.
Upon occasion of Mr. Penn's Letter of May 18, letter ordered to the Earl of Nottingham. The Secretary to acquaint Mr. Penn therewith.
Petition from Lady Bellomont read. Directions given for a letter to Lord Nottingham upon that subject. [C.O. 391, 16. pp. 113–123; and 391, 97. pp. 379–393.]
May 20.
St. John's in Newfoundland.
716. (Capt.) A. Richards to [? the Earl of Nottingham]. Being inform'd that a report has been of the French haveing destroyed the Country this winter, do think it proper to acquaint your Lordship that except a straggling party of fishermen, under thirty, which formerly I mentioned in a letter to the Board of Ordnance the French have not stir'd the least: on the contrary we have had so early a sett of good weather that forwarded our work so much, as not to question but to have it in a good posture of defence this sommer. The beginning of this month I sent to sea what ships at Plasentia, and there was only one ship and a small vessel, and since another ship which pass't by us. A small spy-boat lyes off to ye southerd: whether to look into our out harbours or to waite for their own ships, I can't tell. The ninth of March I sent a boat with six souldiers and three Furriers to get knowledge of those Harbours the French use to the Norward of us, according to the proposall of Capt. John Leake the last Commander; we shall expect them in six or eight weeks, hopeing they will pass unseen. God send us good news and soon from England. The help and countenance of a small frigott [? would] give fresh vigour to our proceedings and to the country in generall. Signed, A. Richards. P.S.—I have formerly suffered so much by the cold espetially in my hands, which is the reason I did not write to your Lordship myselfe. A.R. Endorsed, R. July 23, 1703. 2¼ pp. [C.O. 194, 22. No. 6.]
May 20.
717. Minutes of Council of the Massachusetts Bay. Upon hearing the complaint of John Whitney, being imprisoned by the Constable of Framingham for his proportion assessed upon him to a town tax by the Selectmen of Framingham, notwithstanding an order of this Board Nov. 3, 1702, that Whitney be in peace until it be determined to what town he belongs, he being one of the 17 familys intended in the said Order, as lying in dispute whether they belong to the Town of Sherborn or Framingham; the Selectmen of Framingham being also fully heard, Resolved, that Whitney is illegally imprisoned, and ordered that he be discharged and left to his remedy at law.
10l. 2s. 4d. paid to Arthur Mason for storing public powder.
101l. 2s. 1d. paid to Capt. Southack for provisions taken up for the Seaflower.
48l. 7s. 6d. paid for wages due to Capt. Andrew Wilson and 24 mariners of the Greyhound.
H.E. communicated to the Council a Representation made to H.M. by the Council of Trade and Plantations upon his report of the refusal of the Government of Rhode Island to yield obedience to H.M.
Commission to H.E. for the command of the Militia etc. [C.O. 5, 789. pp. 508, 509.]