America and West Indies: July 1703, 26-31

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

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'America and West Indies: July 1703, 26-31', in Calendar of State Papers Colonial, America and West Indies: Volume 21, 1702-1703, (London, 1913) pp. 574-593. British History Online [accessed 20 April 2024]

July 1703, 26-31

July 26.
Virginia, Williamsburgh.
951. E. Jenings to [?]. Returns thanks for his Lordship's favour in forwarding his continuance as H.M. Secretary. Refers to Journals of Assembly. I have reason to believe the proceedings of the Assembly, relating to the Quota for New York, will not be acceptable to H.M. His Excellency often repeated H.M. commands, pressed arguments, and offered means to induce and enable them to a compliance and convince them New York is of consequence to this country, the contrary of which, and the pretence of present inability they offer as chief reasons with an Address to H.M. for their excuse. H.E. having received H.M. Letters Patents to continue him Governor, they were published the 13th inst., and H.E. took the appointed oaths, and administered them to the Councill that then attended. The renovation of H.E.'s causes the like of all Commissions here, wch. requiring some time a full State can't be timely prepared to send your Lordship by this convoy, but all diligence shall be used to gett them ready with the Laws in force, and those directed and agreed on by the Committee by H.M.S. Guernsey, with which H.E. has thought of sending some qualifyed person to attend H.M. on any occasion that may occur thereon.
The last General Court was held in the Capitol, which is in such forwardness that the next Assembly may sett there; 'tis a very commendable building, convenient for all publick offices, and believe not to bee paralleled in H.M. Dominions in America; the particulars and charges will be laid before your Lordship. The sayleing of this Fleet advances the Revenue to discharge the establishment and contingencies, which by the smallness of the last crop was afraid would have fallen short. I shall not further add to your Lordship's trouble then to assure your Lordship of the Peace and quiettness of the country and the probability of good crops and price to the satisfaction of the inhabitants etc. Signed, E. Jenings. Endorsed, [Recd.] Oct. 5, 1703. Holograph. 3 pp. [C.O. 5, 1340. No. 5.]
July 26. 952. Journal of Assembly of Barbados. Adjourned for lack of a quorum.
July 27. Adjourned for lack of a quorum. [C.O. 31, 7. pp. 85, 86.]
July 26. 953. Journal of Assembly of Jamaica. The House met and adjourned.
July 27. Amendments to the Bill for the better recovery of money read twice.
Bill for making good the will of Ann Archer read the second time.
Capt. Freeman having in contempt of the authority of the House departed the town after he was ordered into custody of the Messenger, resolved that the Messenger bring him in custody to the barr this day sennight.
July 28. The Committee reported from the Conference that they had insisted upon its being a money bill and therefore could not conferr thereon, and the Gentlemen of the Council persisting for a conference, the Committees broke up. [C.O. 140, 7. pp. 77–79.]
July 26. 954. Minutes of Council in Assembly of the Massachusetts Bay. Bill for granting unto H.M. several dutys of impost and tunnage of shipping, sent up, was read a first time.
A Resolve for giving succours and assistance to the neighbouring Provinces and Colonys of New York, New Hampshire, Connecticott and Rhode Island, at any time until the end of the session of the General Assembly in May, 1704, was passed and sent down for concurrance.
Resolve sent up, for paying 22s. to Samuel Tyley for the charge of a Committee of both Houses that sat there upon Mr. Usher's accompts, agreed to.
Order sent up that the Treasurer receive of Edward Brumfield three indented Bills of Credit of the late Colony of the Massachusetts Bay, which are not indors'd by the Treasurer, and pay 4l. 5s. for them (their face value), agreed to.
Bill relating to Molato and Negro slaves read a second and third time and passed to be engrossed.
Declaration of July 24th upon the claims of Bristol sent down to the Representatives for their concurrance.
July 27. Bill for granting imposts etc. read a second and third time and agreed to be engrossed.
Resolve of the Representatives July 24 for paying 300l. to H.E., was sent up again without any alteration. Whereupon a Message was sent down for an explanation thereof, whether it was a gratuity or payment for service and for what time, and to move the consideration of the House for a suitable and honble. allowance to be made H.E. agreeable to his station as H.M. Governour for the year currant.
Engrossment of the Bill for reversing the attainder of Abigail Faulkner and others, sent up, was read and agreed to be enacted.
Engrossment of the Bill for granting H.M. a tax upon Polls and Estates, sent up, was read and agreed to. H.E. consented to and signed the same.
Petition of Elisha Hutchinson, sent up, was read.
Resolve of the Representatives, that the sum of 700l. be paid for discharging of the debt already contracted in fortifying Castle Island and for the finishing those works agreable to the computation of Col. Romer (etc., July 22), read and agreed to.
Bill sent up relating to the prosecution of Appeals in bar or abatement, sent up, was read a first time.
July 28. The further Declaration of the Council referring to the priviledge claimed by Bristol, returned from the House of Representatives not agreed to, was sent down again with a message to move the reconsideration thereof in that House.
Order passed, referring to the additional dutys of impost secured by bond, was sent for concurrance.
Order sent up, that there be 20 suitable beds and bolsters, with a blanket to each bed, procured at the public charge for the lodgeing of the souldiers at the Garrisons at Saco and Casco, there having been no beding hitherto provided for that occasion, agreed to.
Engrossment of the Bill relating to Molato and Negro Slaves, sent up, was read and passed.
H.E. summoned the Representatives to attend, and spake to them concerning the Bill for assistance to the neighbouring Governments, the votes relating to the priviledge claimed by Bristol, and reminded them of a suitable support for the Governor, Lt. Governor and Justices of the Superior Court. [C.O. 5, 789. pp. 855–858.]
July 27. 955. Minutes of Council in Assembly of Jamaica. Bill for the better recovery of the money raised etc. (July 22) sent down with amendments. [C.O. 140, 6. pp. 512, 513.]
July 27.
956. Minutes of Council of the Massachusetts Bay. Charles Redman of Puncapoag being convented upon complaint made by William Ahawton, Indian, that he trespasses upon him by cutting his grass on Beaver Meadow lying in the Indian Plantation of Puncapoag, Redman produced a lease of the meadow, May, 1702, from Jeremy Momentaong, Indian, which the Council declared to be null and void, being expressly contrary to a Law of this Province prohibiting the leasing of land of any Indian without a licence.
July 28. The General Assembly being then sitting, H.E. intimated a General Council to meet on Aug. 5, for the nomination of Civil Officers. [C.O. 5, 789. pp. 520, 521.]
July 28. 957. William Popple to Lt. Gov. Bennett. Your letter to me of Aprill 3 has been laid before the Council of Trade and Plantations, who have thereupon ordered me to send you the inclosed copies of their letters, which you say you have not received. The occasion of the miscarriage of some of those letters may have been that they were sent under cover to the Continent; but that method not having been continued, but all letters of late sent by way of Barbados, I hope they will have come duly to your hands. Their Lordships have in several of them exprest what they desire from you, to which they therefore expect your particular answer; and more especially to their notes upon Mr. Larkin's letter, inclosed in mine, which you acknowledge to have received; and likewise to their last letter of June 18, whereof you have here inclosed a duplicate. In the meantime I am to acquaint you from their Lordships that during the dispute with Mr. Larkin, they have frequently received letters from him, but none from you to any purpose. And they particularly observe that whereas your last letter is dated April 3 referring to further accounts to be transmitted in your next, they have received letters from him of Aprill 12 and 22 from Bermudas giving an account of transactions relating to his imprisonment and discharge till that time, and of May 21 from Antegoa acquainting them with his arrival there. Upon all which I am ordered to tell you that they expect a full and clear account of Larkin's affair and of all others relating to your Government. [C.O. 38, 5. pp. 417, 418.]
July 28.
958. Council of Trade and Plantations to Governor Codrington. You have here inclosed a duplicate of our last letter, June 18. We have not since received any from you, nor any authentic account of the late expedition against Guardaloupa, but are sorry to understand that your not writing has been occasioned by your great indisposition; we hope we may soon hear of your recovery, and have an account of all transactions relating to your Government from your self. We have only to acquaint you at present that a Petition having been presented to H.M. that Collonel Walter Hamilton may be constituted Lieutenant Governour of St. Christopher's, and the same having been referred to our consideration, we have reported the advantagious character you have given us of him; and a Commission is passing accordingly, which will be sent him by his correspondent who sollicits that matter. Signed, Rob. Cecill, Ph. Meadows, Wm. Blathwayt, Matt. Prior. [C.O. 153, 8. pp. 204, 205.]
July 28.
959. Council of Trade and Plantations to Governor Sir B. Granville. We have not yet received any account from you of your arrivall in Barbados, nor anything of the present state of the Island according to the particulars directed by your instructions, which ought to have been done by the first opportunity. But having received from the Earle of Nottingham an extract of some general expressions in your letter to him of 4th of June, relating to the state of that island, upon which his Lordship seems to expect that we should lay some report before H.M., we desire you to send us a very particular account thereof in relation to the fortifications, the ordnance, the stores of warr, the Militia, and whatever else concerns the defence of the same, that we may thereby be inabled to report as there shall be occasion. And in the sending that account of the state of the island, it is more especially fit to mind you of a general direction proper to be observed in time of warr, vizt., that a weight of lead be fastened to all your packets, and the person to whose care they are committed be directed, in case of imminent danger, to throw them overboard. In perusing lately the Minutes of the Councill of Barbados, from August 25 to November 10th last, we find several articles relating to the sending of a flag of truce to Martinico, and more particularly the desire of Mr. Charles Thomas to fetch off severall debts from thence. These are pretences which have sometimes been made use of for ill purposes. But tho' we have nothing to say upon what past thereupon at that time, yet it is fit that we minde you to be very watchfull in all such like occasions against the importation of French or other European commodities, and to take care that there be no connivance at the indirect and illegall trade which may be carryed on under that specious pretence. We desire your care in sending forwards the inclosed letter to the Lieut. Governour of Bermuda. Signed, Robt. Cecill, Ph. Meadows, Wm. Blathwayt, Mat. Prior. [C.O. 29, 8. pp. 318–320.]
July 28.
960. Council of Trade and Plantations to Lt. Gov. Handasyd. Enclose duplicate of June 18. We have not yet received any letter from you, so are still in expectation of the particular accounts of the administration of the Government of Jamaica, which we have several times desired; and in relation thereunto, we have only further to inform you that lest the Instructions given to former Governors should not have been left with you so compleat as may be fit for your direction in all things committed to your care, we have thought it necessary, to prepare a new draught, which H.M. has been pleased to approve. And the same are here inclosed. Signed, Robt. Cecill, Ph. Meadows, Wm. Blathwayt, Mat. Prior. [C.O. 138, 11. p. 2.]
July 28.
961. Governor Nicholson to the Council of Trade and Plantations. I most humbly beg your Lordships would be pleased to accept of the humblest of my duty, and thanks for your repeated favours to me, and more particularly concerning H.M. having been graciously pleased to renew my Commission for this Government; which I have had the great honor and happiness to receive as likewise H.M. royall Instructions; all which I shall, God willing, obey to the utmost of my power. It hath been industriously reported here that H.M. had been pleased to appoint the Earl of Portmore to be my successor, and now lately that the Earl of Granard should, and that I was turn'd out of the Government for male-administration etc. To loose the Government on that account I must confess would be the greatest trouble and grief to me in the world; in all these cases I have nothing else to do but to obey H.M. royal commands, but withall to throw myself at her royal feet and become an humble suppliant to her most sacred Majesty, that if any person whatsoever accuse me of any crimes or misdemeanors and breach of my royal Commission and Instructions, or any commands received pursuant thereunto from your Lordships, or H.M. Secretary of State, that he or they be obliged to give it under his or their hands, and security to prosecute and to answer me, where H.M. will graciously please to order them to be done, for I hope in God, I shal not only be able to clear myself, but to make my accusers appear ill people etc., for I am not conscious to myself that I have willfully done anything which might cause H.M. to turn me out of the Government for crimes and misdemeanors; and I'm in hopes that I may not lose the Government on those accounts without first being heard. I have an account from England that your Lordships have been pleased to speak favourably of me, and by all the letters which I have had the honor to receive from your Lordships, you have been so far from finding fault with me that your Lordships were generally satisfyed with what I had done; for which I am only capable of returning your Lordships my most hearty thanks, hoping that God Almighty will be graciously pleased to enable me to discharge my duty in all respects, whilst I have the honor and happiness to be H.M. Governor here, and under your Lordships' directions: likewise that I may be able to keep and preserve this H.M. Country in peace and quietness. I'm in hopes that tho' some few people have been dissatisfyed with me, and discontented, it will not be taken as if the Country were so; for thank God, 'tis quite otherwise, and if they are dissatisfyed, it is with those few my enemys and adversarys. Signed, Fr. Nicholson. Endorsed, Recd. 5, Read Oct. 8, 1703. By Capt. Christopher Fogg, H.M.S. Falmouth. 1¼ pp. Enclosed,
961. i. Abstract of preceding. [C.O. 5, 1313. Nos. 27, 27.i.; and 5, 1360. pp. 424–426.]
July 28.
Bristol. 28th. 5m. (July.)
962. William Penn to the Council of Trade and Plantations. Honble Friends, I had yours by ye hand of yr. Secretary by ye last post, and that I may be able to send you such an answear as becomes me, I must beg the favour of a coppy of yt. part of the Lord Cornberry's Letter wch. regards Pennsylvania, that I may the better informe myselfe of wt., where and when, and who and how it fals under the notice of yt. Lord, as well as how his accounts come to be so surprizeing agst. my Government, and I do assure you, my answear shall be disptcht. with all possible speed and respect by Your Faithfull Friend, Wm. Penn. Endorsed, Recd. Read Aug. 3, 1703. Holograph. 1¼ pp. [C.O. 5, 1262. No. 44; and 5, 1290. p. 359.]
July 28.
963. Journal of Council of Trade and Plantations. Letter to Lieut. Governor Handasyd signed, and Instructions enclosed.
Letter to Governor Codrington signed.
Letter to Governor Sir Beville Granville signed.
Letter from the Secretary to Lt. Gov. Bennet was approved, and ordered to be sent together with all the forementioned letters by the packet boat now about to sail from Plymouth.
July 29. Letters to Governor Nicholas, Governor Dudley and Governor Lord Cornbury signed. [C.O. 391, 16. pp. 189, 190; and 391, 97. pp. 537–541.]
July 29.
964. Council of Trade and Plantations to Governor Nicholson. We herewith send you a duplicate of our packet of Aprill 29, together with a letter dated May 21 relating to the Quota to be furnished for the assistance of New York. We have received one from you dated March 13 last, wherein you mention your intention, upon H.M. letter which had before been sent to you concerning that Quota, to move the Assembly therein; and we hope you have accordingly prevailed with them. A great part of this letter and the papers inclosed, being concerning Capt. Moody, wee thought it proper for us to transmit the papers which relate to him unto H.R.H. Councill for the affairs of the Admiralty, from whom we understood that they had already received the same from you. And as those matters doe lye properly under their cognizance, and we have not heard either from them or otherwise of any complaints made by Capt. Moody against you, we can only assure you that if anything of that nature doe come before us (which we do not expect) we shall be far from censuring you without hearing, but rather be ready to represent the satisfaction we have always had in your conduct. Wee have taken into consideration your desire of an Attorney General for H.M. service in the Province under your Government; and having received from both the Lords Cheif Justices, and other persons eminent in the Law, a very advantagious character of Mr. Stephens Thomson, we have represented the same to H.M., and expect that he will be constituted Attorney General of Virginia accordingly. The Addresses to H.M., which you mention in your said letter, we have transmitted to the Earl of Nottingham. Signed, Dartmouth, Rob. Cecill, Wm. Blathwayt, Mat. Prior. [C.O. 5, 1360. pp. 401–403.]
July 29.
965. Council of Trade and Plantations to Governor Dudley. Since our letter of the 29th Aprill whereof a duplicate was also sent in June by Mr. Usher, we have received yours of Aprill 4, May 10th and 16th, upon which we have laid a further report before H.M. of the state of the Provinces under your Government. We will use our best endeavours that H.M. may be pleased to send you some great gunns and stores thereunto appertaining. H.R.H. the Lord High Admiral has reported that the season of the year is now too far advanced for the sending the 4th rate ship of war, so as to be of any use in New England, till next year, upon which H.M. has been pleased to order the sending one very early the next spring, which you may expect accordingly. We must expect to hear from you the effect of H.M. letter upon the subject of your salary. As for the present of 500l. which the Massachusets Assembly have lately made you, that being done before H.M. letter, and nothing in their Charter nor in your Commission forbidding such present, you do not need any particular permission to receive it. We observe the difficulties you have met with in Admiralty cases, for want of a new Judge of that Court. As to the business of the cotton wooll, Mr. Byfeild being constituted according to your desire, we suppose you will proceed according to law, and H.R.H. Commission without any further direction from us. The Earle of Nottingham has sent to Sir Henry Ashhurst concerning the Indian boy, and you will have an account of that matter from his Lordship. Signed, Dartmouth, Rob. Cecill, Wm. Blathwayt, Mat. Prior. [C.O. 5, 911. pp. 104–106.]
July 29. 966. Council of Trade and Plantations to Lord Cornbury. Since our last letter of the 29th April, whereof a duplicate is here inclosed, we have received one from your Lordships dated the 29th of May. We herewith send your Lordship the several letters relating to the Quota to be furnished by other Provinces for the assistance of New Yorke, vizt., by Rhode Island, Connecticut, New Jersey, Pennsylvania, Maryland and Virginia, together with copies thereof, that your Lordship in sending forwards the said letters may write accordingly to the respective Governours. And we desire you to give us an account of the answers you may receive from them. We writ your Lordship the 7th April that we were preparing a Report upon the Acts past at New Yorke the 27th November, 1702, which you had sent us in yours of December following; but we omitted to tell you in our next of the 29th of April, that we had been obliged to postpone the consideration of that Report untill we receive your answer to what we writ you the 26th of January, upon a list of Acts past during the administration of the late Earle of Bellomont and Captain Nanfan. And since in this letter now before us you promise us that answer by the next ships, we shall accordingly expect it. Whereas you have directed the Acts disallowed by H.M. to be taken out of the Secretary's office and destroyed, we cannot approve of that method; it not being proper to destroy any Record which for some time was in force, and to which recourse ought to be had upon occasion tho' not longer in force; nor has this method been practised in any other of H.M. Plantations. We very much approve your Lordship's resolution of reconciling the differences amongst the inhabitants of the Province. And as you say that no proceedings have been made in any Court by the Government, upon former resentments, but that Coll. Bayard has brought his private action against some of his Jury; we hope your endeavours for peace will likewise prevaile upon this as on other occasions. We have nevertheless to acquaint you that we have received application, by letter from Captain Nanfan, complaining of hardships he lies under, by being confined for summs of money upon account of the four companies, which he alledges in fact he did not receive. We doe expect that, besides the account of Captain Nanfan which your Lordships will send to my Lord Treasurer, you do likewise send us a copy thereof, and an explanation of the state of that whole matter. And in the meantime we do recommend to your Lordship that, for avoiding any imputation of espousing of parties, your Lordship would cause just and reasonable security to be taken for the said Captain Nanfan's answering the ballance of his accounts, in order to his being released from his confinement. The Countess of Bellomont having likewise applyed to us for obtaining a longer respit of all prosecution against her security at New Yorke, we send your Lordship here enclosed, for your information, a copy of her Ladyship's Petition and of the letter we writ to the Earle of Nottingham upon that subject, upon which we understand directions have accordingly been given you. Signed, Wm. Blathwayt, Robt. Cecill, Mat. Prior, Ph. Meadows. [C.O. 5, 1120. pp. 9–12.]
July 29.
St. Jago de la Vega.
967. Minutes of Council of Jamaica. The Governor communicated to the Board a letter from David Wavell, Commander of the Convoy, to the effect that he durst not infringe the least article of Admiral Graydon's orders. Whereupon, and upon the merchants' repeated application for his stay, advised that the Governor write to him as follows, concludes:
The Governor and Council are very much surprised. It is not unknown to you how the breizes have been soe strong of late that it has been impossible for boates to ply to and fro and carry goods on board for the loading of the ships, nor can you be ignorant that most of the masters of the ships have been sick themselves, as also many of their seamen. All which, with the losse of those the Admirall took away has rendred it impossible for them to get ready within the time limited. Soe Admiral Graydon setting a certain day of sayle to the ships he orders for convoy of the merchantmen, without any regard to the time they can be laden, nay himself in a great measure impeding their dispatch by taking away their men, and making those orders so strict that the Commanders cannot recede from nor stay any longer for those that happen not to be ready on the day appointed, in this present case will make the convoy of no use to much the greatest part of the merchants' ships now here, which how it may be resented at home in case a losse happens thereby, is worth your consideration. The Governor and Council therefore hope you will comply with the merchants' request notwithstanding anything in the Admiral's orders seeming to the contrary, it being reasonably to be supposed that if the Admiral himself had been here, and made duely sensible of the difficulties and disappointments the merchantmen have lain under, he would have conceded so reasonable a request as for 14 or 15 days longer. They cannot conceive any reason you have to apprehend any blame in doeing it, but if any ships you leave behind, who would sail Aug. 20, should fall into the enemy's hands, they believe you may have some reason to apprehend the consequence.
236l. paid to Charles Chaplin, H.M. Receiver General, for money disburst by him, on the credit of a message of the Assembly, March 23, for the subsistence of H.M. officers and soldiers in the fortifications.
36l. 13s. 4d. paid to Nicholas Lawes, late Chief Justice, for salary from Feb. 8—May 26 last.
193l. 1s. 9d. paid to Major Henry Peirs, for 90 days salary etc. for officers and gunners of H.M. fortifications.
17l. 13s. paid to the same for petty expenses about H.M. fortifications.
Ordered that the Provost Marshall and his Deputies give in their accounts. [C.O. 140, 6. pp. 157–161.]
July 29. 968. Minutes of Council in Assembly of Jamaica. Bill for the better recovery etc. (July 22), sent up with amendments agreed to by the House, was read a third time and passed.
Bill to confirm the will of Anne Archer, late of the parish of Kingston, sent up, was read and committed.
Message sent up with the reasons of the Assembly for re-enacting the Body of Laws.
Message sent down from the Governor to remind the House that the Bill for the Additional Duty expires on Aug. 6. [C.O. 140, 6. pp. 513–515.]
July 29. 969. Minutes of Council in Assembly of the Massachusetts Bay. Engrossment of the Bill for granting unto H.M. several duties of impost etc. was read and H.E. consented to and signed the same.
The Order passed July 28 relating to the additional duties of Impost, concurred with by the Representatives, was sent up.
H.E. intimated to the Council that Lt. Col. Tyng was come from Dunstable to acquaint him that yesterday there came in thither two Indian men and Watanuman's sister from Pegwocket to inform him that two men of their company came lately from Chamlet near Mont Real where they saw 150 Indians armed gathered together and joined with some few French, i[n]tended to be divided into three Companys, one for the Eastward, another for Merrimack and the third for Connecticott River, to insult the English settlements. And H.E. sent a message to the Representatives to acquaint them thereof. Whereupon Mr. Speaker, attended with a Committee of the House, came up and H.E. intimated to them that he had two companys of 50 men each used to the woods ready enlisted, one company in the County of Essex and the other in the county of Middlesex, and proposed to send out 30 or 40 of each for a scout on the line of the frontier from Haverhill to Marlborough, and to make another scout of the two companys under pay within the county of Yorke from Haverhill to Saco, to make discovery of the approach of the enemy and observe their motions. Mr. Speaker expressed his approbation thereof, and that he believed it would be agreeable to the mind of the House.
Message sent down, to desire that if the House approved of H.E.'s above proposal, they would express it in a written vote.
Resolved, that the Council and Assembly forthwith proceed in the Election of a Commissioner for the Impost and a Surveyor General. The Representative agreed but for the choice of a Commissioner for Impost onely.
A Bill relating to Executors and Administrators, sent up, was read a first time.
The Resolve for the allowing of 300l. to H.E. was returned from the Representatives with no further alteration than the words "in part" inserted instead of the word "toward."
July 30. Order of Council sent up with the concurrence of the Representatives, that the Superior Court of Judicature to be holden at Springfield be adjourned till the first Monday in September.
Order of the Representatives agreed to that John Partridge of Piscataqua, sometime Field Marshal of the Forces imployed to the Eastward, be paid for expenses and subsistance of wounded men and his wages, 20l., and upon his producing a certificate from the Treasurer of New Hampshire that he has received 48l. 18s. out of their Treasury upon the accompt aforementioned, that then 30l. be further paid to him.
Upon the resolves of the Representatives upon the petition of John Bull of Hingham, setting forth that he is lame and disabled for labour by a wound received in the public service in the former war and praying some allowance, agreed that he be paid 4l. for this year and 40s. per annum during his natural life afterwards.
Bill for granting unto H.M. an excise upon wines etc. sold by retail was read a second time.
Bill relating to Appeals was read a second time and rejected.
Petition of Thomas Brattle, praying to be dismist from his trust in laying out the moneys further granted for the fortifications, read.
Petition of Elisha Hutchinson relating to a judgment given against him at the suit of Thomas Cooper in the last Superior Court of Judicature in Boston, read, together with the Act of the House of Representatives thereupon.
Resolve of the Representatives sent up, that 300l. be allowed to H.E. in part for his support in the management of the Government. Which Resolve having been sent back to the Representatives with a message from the Board to move their reconsideration thereof, it being very much below the dignity of H.E.'s station and dishonourable to the Government, the Representatives not seeing fit to have reconsideration thereof, the Council desire H.E.'s acceptance of the said sum in part of his salary, in hopes the Assembly in another Session will have further consideration of that matter, and do that which is proper and honourable for the Government.
July 31. The Order of the Representatives upon the petition of Elisha Hutchinson (July 30), that the judgment be made null and void and that an Act be made by this Court to instate petitioner in the estate he is ousted of, was read again and not consented to, but ordered that the method of proceeding in the Superior Court upon appeals from non-suits and abatements be reported by the Judges of that Court, and the Law thereupon consulted in the next sitting of the General Assembly, that direction may be given therein, and that petitioner may then be further heard. The Representatives concurred.
Engrossment of the Excise Bill, passed by the Representatives, was read. H.E. consented to and signed the same.
James Russell was chosen by the vote of both Houses to be Commissioner for collecting the duties of Impost and Tunnage laid by this Court.
Resolve of the Representatives, sent up, was concurred with, appointing the Committee empowered to imprint the last 10,000l. of Bills of Credit, to take care for the imprinting, signing, and delivering to the Treasurer 5,000l. of Bills of Credit accordingly. 25l. to be paid to each of them.
100l. paid to Thomas Povey, Lt. Governor and Commander of the Castle.
Resolve of the Representatives agreed to for the payment of 50l. each to the Judges of the Superior Court.
An Order of Council relating to Executors and Administrators was agreed to by the Representatives.
5l. 11s. paid to Edward Togood for subsisting of soldiers posted in the Province of Mayn in 1689, and 1l. for attending H.E. to Pemaquid last summer.
H.E. ordered that the several Acts made this Court do pass the Seal and be forthwith published.
H.E. summoned the Assembly to attend, and prorogued the Court till Sept. 1st. [C.O. 5, 789. pp. 858–864.]
July 29. 970. Journal of Assembly of Jamaica. Bill for the better recovery of money etc. read a third time and passed with amendments.
Bill confirming the will of Ann Archer read the third time.
Robert Nedham was granted leave of absence.
Message sent up to ask the Governor when there would be a Council, for that the House had business. The Governor said there would be a Council presently.
And see Minutes of Council in Assembly under date.
William Vassall's complaint of the breach of the priviledges of the House by John Samuells was referred to the Committee of Priviledges.
Ordered that the several Committees make their reports of the Bills they have before 'em to-morrow morning, no other businesse to intervene.
Ordered that the Receiver General be desired to inform the House what charges the Treasury has been at for the subsistance of H.M. officers and soldiers at Port Royal and for the relief of the sufferers by the fire, and also to lay before the House an accompt of the entrys of the Additional Duty since March 25.
Ordered that Mr. Ascough inspect the Act concerning parties, and report his opinion concerning the negroes taken by the parties, how they are to be disposed of.
July 30. Bill for encouraging the importation of white servants read the first time.
July 31. Bill for settling the Revenue read the first time.
And see Minutes of Council in Assembly under date. [C.O. 140, 7. pp. 79–83.]
July 30.
Hampton Court.
971. Order of Queen in Council. Upon reading the Representation of July 16, Ordered that the Council of Trade and Plantations doe specify what great guns and gunners' stores are wanting for the fortifications near Boston. Signed, John Povey. Endorsed, Recd. Read Aug. 4, 1703. ¾ p. [C.O. 5, 863. No. 45; and 5, 911. pp. 112, 113.]
July 30.
Hampton Court.
972. Order of Queen in Council. Approving the following Report from H.R.H. Lord High Admiral, upon the Representations of the Council of Trade and Plantations relating to Naval Stores referred to him:—
(1) That it is not distinguished what part of the 5,000l. per annum allowed by the Charter to be purchased in land in America and England is to be purchased in one and the other, nor in what part of America the said purchases are to be made, and therefore in my opinion it ought to be particularly provided for therein, for (2) if the most or any considerable part of the said purchase be made in New England, the Gentlemen to be thus incorporated may by that means possess themselves of all the woods which lye near unto the sea, from whence the Masts, Bowsprits, and Yards are now had for H.M. Service; and it is to be doubted that they will thereby be left too much at liberty to impose what prices they please upon H.M. for the same, which above all things ought to be avoided, and that by a strict reservation to the Crown of all pine and firr-trees fitting for masts of 16 inches diameter and upwards, and bowsprits from 20 to 38 inches diameter, with the strictest orders that none of these dimensions be cutt down without licence from the Crown, either by them or any other person whatsoever. (3) Although it is provided for in the draught of the Charter that other persons, though not incorporated wth. the aforesaid Gentlemen, shall not be excluded from the Trade to those parts, yet it may be worth consideration, whether such a scope of land, and the allowance of 150,000l. in trade will leave any great room, if any, for other traders. (4) It may also be necessary to reserve to the Crown all regalities of mines etc. in the land to be purchased, for which there is no provision made in the present draught of the Charter. Nor is it less necessary to oblige the persons incorporated to be subjects of England, a thing usual in all such cases. And lastly, I do think it necessary to informe H.M. that the Principal Officers and Commissioners of the Navy have always been and still are willing to treat with any persons, who will apply to them, for the importing Naval Stores of all sorts from H.M. Plantations, and to give them all encouragement for the carrying on a Trade so necessary for the good of H.M. service. But in case H.M. shall think fit to incorporate the Gentlemen as they desire, I am so far from making any objection to the same, that it is in my opinion a thing which may (with the restrictions before mentioned) tend very much to the advantage of the publick, provided effectual care be taken that the Trade be not soe ingrossed by them as to prejudice H.M. in her purchase of Naval Stores, but more especially masts. I have also considered of the Lord Cornbury's proposition for providing Naval Stores at New York, and am entirely of opinion that such services doe deserve encouragement, but then H.M. ought to be at a certainty as to the prices, and the contracters to be obliged to qualifications as well as quantities by articles between the Commissioners of the Navy and them, and to deliver the goods unto H.M. stores in England at prices to be adjusted by the said contracts; for in the experiment made of this kind by the late Lord Bellomont, the money demanded by Bills of Exchange, for the stores provided by his Lordship and brought home by the Benjamin storeship, amounted to more than the value of the goods, without the addition of freight, which freight is the most considerable charge in these cases.
H.M. in Council refers the whole matter to the Council of Trade and Plantations, who are to acquaint the petitioners that, under the restrictions and provisions mentioned in the said Report, and such others as shall be thought necessary by the said Commissioners, H.M. is graciously inclined to grant the petitioners a Charter of Incorporation. Signed, John Povey. Endorsed, Recd. Read Aug. 4, 1703. 3¼ pp. [C.O. 5, 863. No. 44; and 5, 911. pp. 107–112.]
July 30.
Hampton Court.
973. Order of Queen in Council. Approving of John Evans as Deputy Governor of Pennsylvania, without limitation of time, and of the Three Lower Counties on Delaware River during H.M. pleasure only. Signed, John Povey. Endorsed, Recd. Read Aug. 5, 1703. 1 p. [C.O. 5, 1262. No. 46; and 5, 1290. p. 364.]
July 30.
Hampton Court.
974. Order of Queen in Council. Approving of Representation of July 7 and repealing the Act of Pennsylvania appointing the rate of coin accordingly. H.M. is further pleased to direct that neither the Assembly, the Proprietor nor Councill of that Province do repass the said Act, nor make any other Act or Order for the regulating of coin untill H.M. shall give further directions therein, it being H.M. undoubted right to settle the value of coin within Her Dominions. Signed, John Povey. Endorsed, Recd. Read Aug. 4, 1703. 2 pp. [C.O. 5, 1262. No. 45; and 5, 1290. pp. 361–364.]
July 30.
Hampton Court.
975. Order of Queen in Council, approving of Representation of July 7, and appointing Stephens Thomson H.M. Attorney General for Virginia under the conditions there proposed. Signed, John Povey. Endorsed, Recd. Read Aug. 5, 1703. 1 p. [C.O. 5, 1313. No. 29; and 5, 1360. pp. 403–404.]
July 30.
Hampton Court.
976. Order of Queen in Council. Upon reading Representation of July 7, it is hereby referred to the Lord High Treasurer to consider of the proposed augmentation of salary for the Attorney General of Virginia, and to regulate the same as may be best for H.M. service. Signed, John Povey. Endorsed, Recd. Read Aug. 5, 1703. 1 p. [C.O. 5, 1313. No. 28; and 5, 1360. pp. 404–406.]
July 30.
St. James'.
977. Order of Queen in Council. Approving of draught of Instructions to William Penn (July 22), relating to Trade, and ordering that the Earl of Nottingham do cause the said draught of Instructions to be prepared for H.M. signature. Signed, John Povey. Endorsed, Recd. Read Aug. 6, 1703. ¾ p. [C.O. 5, 1262. No. 47; and 5, 1290. p. 366.]
July 30.
978. Minutes of Council of the Massachusetts Bay. 24l. paid to Col. Daniel Peirce for the subsisting of Capt. Thomas Harvey's Company of Souldiers raysed for H.M. service to range the woods.
24l. paid to Lieut. Col. Jonathan Tyng for subsisting Capt. Benjamin Willard's similar Company.
20l. 5s. paid to John Campbell, Postmaster, for extra expresses and public letters sent out. [C.O. 5, 789. pp. 521, 522.]
July 31. 979. Minutes of Council of Jamaica. The Governor communicated to the Board a letter he had received from Capt Wavell:—"The petition of the owners and masters now in port (see July 23, 29) is vaine and frivolouse, they endeavouring therein by false allegations to vindicate their unreadinesse by a pretended objection of shortnesse of time, when 'tis well known the true cause hath wholly proceeded from their owne negligence and disregard of their affairs, otherwise the time had been sufficient for them, soe that if they lose the protection of the convoy, or any disaster happens, the whole fault must be imputed to themselves, as the onely authors of it. As to the strong breizes of late (see July 29), that must (were it true) have impeded all, but some who were mindful of their business could find means to get in their goods. But I doubt those men were more retarded by their Bottles of punch and other alurements ashoar then from any other cause. As for the many and base reflections some have made on that honble. Gentleman, Admirall Graydon, and founding all their complaints on his haveing imprest their men, is as easily evaded as any of their other objections, for myselfe offered to lend them 40 or 50 hands to assist those that wanted to get in their goods, and if I saw cause, to spare them hands to carry them through the seas, so that excuse is dasht in pieces; I received a scrole from one Nicholls, wch. conteyned no great sense and but little manners, to send me a letter unsealed for every porter and negro to peruse, wch. I take to be verry rude. I shall (notwithstanding the numerous and troublesome complaints of the petitioners) sayle at the time I shall thinck convenient, and if any of the many misfortunes mentioned by your Masters happen to any of those which shall not sayle with me, I verry well know how to acquitt myselfe, and to informe both the Lord High Admiral and all people concerned whence the true cause of the mischiefe proceeded."
Upon reading whereof, and on consideration of an information given in here by a member of this Board, that Capt. Wavell had sent his Doctor and Clarke on shoar to Port Royall, who applying themselves to him, the Doctor gave in before him a Deposition (wch. was writ by the Clarke and they carryed away with them) that Capt. Wavell was seized with a violent feavour att Barbadoes, ever since which time he had been non compos mentis, a letter was ordered to be writ to Comadore Douglas to that effect, with copies of above letters, and recommending it to him, as Comadore of all H.M. ships in these parts, to take care H.M. ships wch. he commands, and the charge of soe considerable a fleet as is now going be not entrusted to the convoy and government of a madman, etc.
Ordered that the Clarke of the Council carry the same, and discourse Comadore Douglas about Capt. Wavell's most disrespectfull and distracted carriage to the Government. [C.O. 140, 6. pp. 161–164.]
July 31. 980. Minutes of Council in Assembly of Jamaica. Message sent up, that "the House having the Revenue Bill under consideration, with several others which will take up some days transcribing by our Clerk, and in consideration of the Fleet's sayling, humbly desire your Honour will admit of our adjournment for a week or ten days," etc. The Governor consented, provided care was taken before adjournment by a short Bill to continue the Act for raising the additional duty for some time till the House can have more leisure to goe about it. [C.O. 140, 6. p. 515.]
[? July.] 981. Governor Nicholson to the Council of Trade and Plantations. I have had the honor to receive your Lordships' last letters, vizt. of Nov. 4 and 11, Jan. 26, April 20 and 29, and am heartily sorry that I have been in the least mistaken in your Lordships' order by your Secretary, in observing the method of corresponding with your Lordships. I herewith humbly transmit to your Lordships the Journalls of Councill and other papers which are in a box together with a list of them; and I hope that sending your Lordships a particular Journal concerning H.M. men of warr etc. will not be disagreeable to your Lordships. After the next convoy are sail'd, here will be no man of war to attend this H.M. Government, neither will there be any for Maryland, so I humbly propose that your Lordships would be pleased to move H.M. in this affair. What your Lordships are pleased to write concerning H.M. sending a supply of arms etc., I hope in God will be much for H.M. service, and I shall endeavour, God willing, so to dispose of them as may be most for the defence and security of this H.M. Colony and Dominion. I have received a letter from the Ordnance Board with an account of the Arms etc., but yet I have no account of the ship its being arrived, neither is H.M.S. Oxford come in, and by the account which I have, there are several other ships wanting, but I hope in God they will all arrive. H.M. royall commands of January 7 last concerning the convoys and the embargo, I shall endeavour to have it complyed with, and take care that no ships or vessells go from hence, but with convoys; only those which H.M. shall be graciously pleased to except. I suppose the Merchants trading to those parts will hardly ever agree about the convoys and sending their ships; and whether those which are already arrived, or to arrive, will get loading to sail with Captain Symonds, is not yet certain. There is at present, I thank God, hopes of pretty good crops of tobacco and corn. Tho' some of each sort are somewhat backward, by reason they wanted rain in June; but I thank God we have very seasonable weather, and likelyhood of a plentifull year in all respects. According to H.M. Royall Proclamation for a publick day of thanksgiving etc. and your Lordships' commands to me thereupon, I endeavoured to do it as publickly as possible; and I hope in God that I may have the honor and happiness of receiving H.M. royall commands this year on the same account. H.M. royall commands (Feb. 25) about the preventing any stores of any kind from being carried to the Spaniards in the West Indies, I have issued out a proclamation about it; as likewise concerning hindring all manner of trade and correspondence with the French, pursuant to H.M. royall commands (March 20), which proclamation I herewith send to your Lordships, and I hope it will not be disagreable to your Lordships. What your Lordships were pleased to write of (April 20) concerning complaints of great delays and undue proceedings in Courts of Justice etc., I have given orders concerning your Lordships' commands therein and and a full account thereof I design, God willing, to transmit to your Lordships by Mr. Secry. Jennings, as likewise of the Militia, with a list of all ships and vessells: and also an account concerning land being taken up on the South side Black-waterswamp, the family of the Harrisons having endeavoured to engross the major part thereof. Finding it for H.M. interest and service I have at present put a stop to the surveyors making any further proceedings therein. I shall likewise transmit to your Lordships by the same hand something concerning James City sending a Burgess, and concerning that place, and that your Lordships may see what forwardness H.M. Capitol at Williamsburgh is in, I herewith transmit to your Lordships two papers concerning it, signed by Mr. Secretary Jennings, Coll. Balard, and Major Buckner, who were appointed by the Assembly to take care about the finishing thereof; which is hoped will be early next summer; and that it will not be only ye best publick building but the most usefull of any belonging to H.M. in America. H.M. royall commands of April 20 last, concerning gifts to H.M. Governours by the General Assemblys, shall be obeyed. Signed, Fr. Nicholson. P.S.—Edward Randolph, Esq., dyed in April last, on the Eastern shore. I have given the Honble. Coll. Robert Quary an account thereof; and I hope to see him here next month, in order to examine the accompts etc. of the Collectors and Naval Officers. I'm in great hopes that the honble. Commissioners of H.M. Customes will think him a proper person in all respects to succeed Esqr. Randolph as Surveyor General of H.M. Customes in this Continent of America. And I'm an humble intercessor to your Lordships on his behalf for the said place; and for his good behaviour etc. in it a bond, if required, shall be given by Fr. Nicholson. Endorsed, Recd. 5th, Read Oct. 8, 1703. Recd. by Capt. Fogg, of the Falmouth. 3¼ pp. Enclosed,
981. i. Abstract of preceding. 1¾ pp.
981. ii. Memorandum of Minutes of Council in Assembly of Virginia, March 19—April 10, 1703. ¼ p.
981. iii. Memorandum of Journal of House of Burgesses of Virginia, March 19—April 10, 1703. ¼ p.
981. iv. Memorandum of Minutes of Council, March 19—July 14, 1703. ¼ p.
981. v. Transcript of letters, orders etc. relating to H.M. ships at Virginia. See Minutes of Council passim. Endorsed, Recd. Oct. 5, 1703. 27 pp.
981. vi. Address of the Clergy of Virginia to the Queen. Congratulate the glorious success of H.M. arms etc., April 22, 1703. Signed, James Blair, Comiss., Geo. Robertson, Bar. Yates, Richd. Squire, Dan. Taylor, Peter Kippax, Tho. Edwards, John Gordone, Thomas Sharpe, James Clack, James Selater, Solomon Wheatly, Edward Portlock, John Monro, Lewis Latané, Arthur Tillyard, William Rudd, And. Monro, Guy Smith, Charles Anderson, James Boisseau. Copy. 1 p. Same endorsement.
981. vii. Address from the Grand Jury of Virginia to the Queen. Congratulate H.M. signal victories, "by which as well as many other instances of your most sacred Majesty's care, noble prudence, and extraordinary conduct, the glory and honour of the English Nation is raised to such a pitch that both delights and satisfyes of all your Majesty's Loyall and dutifull subjects." Particularly thank H.M. for her continuance for H.E. Col. Nicholson, "our present Governor, whose eminent zeal for the Church, constant loyalty to his Prince and indefatigable care and diligence in all things within his province for the advantage of your Majesty and to the satisfaction of all your Majesty's loyall and dutifull subjects here is very conspicuous." Signed, Ar. Allen, foreman, John Stanup, John Waller, Robt. Bolling, Mich. Meriwether, Wm. Buckner, Thomas Meriwether, Richd. Wyatt, William Smett, George Barkeroyde, James Hendow (?), Edwd. Gouldman, Robt. Gibson, Henry Cary, William Cary, Jno Thruston, Seth Wickins, Walt. Walters, Timothy Penhethman.
981. viii. (a) Proclamation proroguing the Assembly from 17th to March 19, 1703.
(b) Proclamation for a Day of Thanksgiving for the successes of H.M. arms, May 4, 1703.
(c) Proclamation appointing William Byrd, President, and the Council responsible for the administration of the Government of Virginia, during the Governor's absence on a visit to New York. April 26, 1703.
(d) Proclamation forbidding export of ammunition and stores to the French or Spaniards during the war. July 14, 1703. Copies. 4¾ pp. Endorsed as preceding.
981. ix. Account of the 2s. per hhd. from Dec. 25, 1702, to April 25, 1703. Balance (Oct. 25), 2,237l. 17s. 7d. Total 3,022l. 5s. 7d. Expenditure, 1,765l. 10d. Signed, William Byrd, Auditor. Same endorsement. 2 pp.
981. x. Account of the 2s. per hhd. from July 10 to Oct. 25, 1703. Balance, July 10, 3,515l. 10s. 3d. Total, 3,865l. 13s. Expenditure, 1,655l. 0s. 5¼d. Signed, William Byrd, Auditor. Same endorsement. 2 pp.
981. xi. Account of the Quit-rents for the year 1702. To balance due, 6,108l. 16s. 3d. Total, 7,895l. 15s. 11d. Signed, Wm. Byrd, Auditor. Endorsed as preceding. 2 pp.
981. xii. List of Patents for land signed in April, 1703:—
County. To whom granted. Number of Acres.
Nansemond Robert Peele 134
Princess Anne John Hopkins 210
Nansemond Nicholas Hunter 46
" Francis Speight, jr. 161
" William Speight, jr.
King and Queen Jon. Robinson 200
" Thomas Pettis 36
King William Phillip Williams 100
Nansemond Edward Holmes 124
" Richd. Lawrence 76
" John Duke 113
" Wm. Lassister 100
York Arthur Lunn 50
King William William Lipscombe 300
" Jacob Sollars 353
King and Queen Jam. Taylor & Tho. Pettis 576
Blackwater Swamp William Williams 400
King William Nicholas Rodes 91
Nansemond Benjamin Rogers 340
" Stephen and Tho. Cowling 250
Henrico Jno. Robinson 831
Nansemond Francis Milner 300
" Jno. Murdah 46
" Rowland Gwinn 200
Upper Chippoakes Walter Cock, senr. 350
Henrico Henry Mayes 292
Charles City William Temple 627
Henrico John Woodson 2,700
Middlesex Henry Thacker 77
Henrico Matthew Branch etc. 710
" John Farlar 471
Middlesex Thomas Stapleton 125
Nansemond Robert Rogers 234
" Wm. Jones, jr. 267
Norfolk Edwd. Wood, jr. 50
Nansemond Abraham Edward 100
" Joseph Cooper 276
King and Queen Jno. Pigg 1,000
Henrico James Thweat 234
Nansemond Andrew Ross 87
Henrico James Thweat 223
Middlesex Jno. Sandiford 150
New Kent Geo. Aalves 1,668
Essex Harry Beverley 750
Isle of Wight Arthur Smith 500
Gloucester Jno. Stubbs 50
King and Queen Wm. Jones 420
King and Queen and Essex Harry Beverley, etc. 2,300
Nansemond Richard Sanders 127
King and Queen Francis Major 590
King William Thomas Parker 314
Charles City Drury Stith, etc. 680
Henrico Francis Eppes, etc. 4,000
Gloucester Mordecai Cook 1,200
Accomack Rowland Savage 500
Princess Anne Wm. Grant 150
New Kent Jno. Snead 50
Northampton Peirce Davis 350
Middlesex Rebecca Mason 120
King and Queen C. C. Thacker 130
Endorsed as preceding. 1½ pp.
981. xiii. Account of the Imposition on Liquors, servants and slaves, July 8, 1703. Signed, Robt. Carter. Endorsed as preceding. 2 pp.
981. xiv. Account of the Imposition of Liquors, servants and slaves, April 9, 1703. Signed, Robt. Carter. Endorsed as preceding. 2 pp.
981. xv. Report on the building of the Capitol at Williamsburgh, July 20, 24, 1703. Signed, E. Jenings, Tho. Barbar, Tho. Ballard. ¾ p.
981. xvi. Account of the charges for building the Capitol and Prison, April 4, 1700—July 20, 1703. Total, 3,822l. 2s. 6¾d. Signed, E. Jenings, Tho. Barbar, Tho. Ballard. Endorsed, Recd. Oct. 5, 1703. 1 p.
981. xvii. Copies of a Letter from the Board of Ordnance relating to stores of war (Feb. 1, 1703), of H.M. Letter for paying the same out of the quit-rents, and of Wm. Byrd's Bills of Exchange, March 22, for 3,388l. 3s. 4d., in pursuance thereof. Same endorsement. 3 pp. [C.O. 5, 1313. Nos. 30, 30.i.–xvii.; and (without enclosures) 5, 1360. pp. 410–418.]