America and West Indies: September 1703, 21-30

Pages 697-705

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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September 1703, 21-30

Sept. 21. The Speaker informed the House that the Governor had commanded him to send up the last writts of Elections, which he had accordingly sent.
Sept. 22. See Minutes of Council in Assembly under date. [C.O. 140, 7. pp. 118, 119.]
Sept. 21. 1102. Journal of Assembly of Barbados. Petition of Col. James Colleton read and dismissed, Darby Hannis and Peter Jones being decided to be qualified voters and Major Christopher Estwick therefore duly elected.
Resolved that this House will reply to the Governour's excellent speech the first thing in the morning.
And see Minutes of Council Sept. 14.
Sept. 22. Resolved that an Address of thanks be drawn up to H.E. for his weighty consideration of the good of this Island in his speech.
Resolved that the brigantine Larke be forthwith fitted out according to H.E. order and appointment, and that Capt. Townsend do provide all things necessary for her immediate sayleing.
Col. William Allumby appointed to the Committee of Accounts in place of William Heysham; ordered that the Committee forthwith sitt in order to settle the accounts of the Larke and all other the accounts of this Island.
Committee appointed to inspect into the Act of the Militia and provide remedies against the mischiefs thereof, and report in a month's time.
Committee appointed to prepare an Act to prevent the running away with boats, and report within a month, and also to consider the Act for preventing negroes rowing in wherrys and report within a month's time.
Bill ordered to be prepared against forestallers and regrators.
Act for providing for Christian servants formerly brought into this House ordered to be new engrossed and brought in de novo.
Act for detinue of negroes referred to a Committee, to consider the inconveniencys thereof and provide proper remedys for settling the right of negroes, and bring in a Bill for that purpose in six weeks' time.
Resolved that the Treasurer allow a rebate of 10 p.c. per annum for prompt payment to any persons as shall pay in money that shall become due on the duty of excise not exceeding 300l. sterl., which is to be paid for workmen and materials in fitting up Mr. Pilgrim's house for H.E. reception.
Ordered that Lt. Coll. George Peers be continued Keeper of the Stores of the Magazine for the ensuing year under his former salary.
Committee appointed to inspect Thomas Reynoldson's accounts for keeping the French prisoners.
Leave granted to Col. Holder to bring in a Bill for regulating elections.
Ordered that the Act for the solemn affirmation by Quakers be brought into this House by the Clerk. [C.O. 31, 7. pp. 95–104.]
Sept. 21. 1103. Minutes of Council in Assembly of Jamaica. The Governor communicated to the Board the Messages between him and the House Sept. 14–18. The Board unanimously approved of the Governor's answer Sept. 16, and gave their opinion that ought to be satisfactory to the House.
The Provost Marshall brought in the writt and returne for the parish of Westmoreland, whereby it appears that Michael Houldsworth and John Lewis were chosen Representatives.
The business of the Assembly's Address (Sept. 18) and the matter of new writs was debated and adjourned.
Sept. 22. The Board unanimously advised the Governor to return an answer to the Address of the House (Sept. 18) as follows:—That the freedom of elections is an inherent right in the people of England, none will deny, and the Parliaments (justly called the bullworks of the people's libertyes) have allways insisted upon it, where it hath been infringed, as the primary and most conducive meanes for securing the liberty of the subject, and as a thing without which they themselves could not be free from faction or corruption, of which late times will shew sufficient instances. The people of this Island, by the bounty and favour of H.M. and her predecessors, claime and have the same rights; they have again elected some of those Gentlemen mentioned in your Address to have been expelled, and there are frequent instances of such elections allow'd of. If those Gentlemen, or any of them, have used undue meanes to be elected, that is perticularly cognizable before you, and none doubts (on proof thereof) you may punish them. But it cannot be conceived, if due regard be had to the writ of election, that these Gentlemen were elected contrary thereto, for that part of the writ which mentions a Member to be chosen in the roome of such a one expelled is only a recital of the request of the House. The requireing part of the writ follows in these words, "These are therefore to require you to make publication of this our will and pleasure in the said parish, to proceed there to an election of one of the fittest and discreetest freeholders to be chosen by the major part of the freeholders etc.," and accordingly the parishes pursuant to their wonted freedom in elections have again chosen some of those Gentlemen. Therefore the Governor hopes and once more earnestly and heartily recommends it to you that, laying aside all former animosities for the good of this Island and your posterity which may be therein, you will amicably and unanimously agree in carrying on the weighty matters before you, and that for the future noe contest be among you, but who shall be most hearty and diligent in promoting the honour of H.M. and general good of the country; in which you shall always find the Governor's ready concurrence. You may always rest assured of the Governor's utmost favour and assistance in maintaining your just rights, nor will he be wanting, as far as in him lyes, to redress your real grievances. In relation to your messages about Capt. Freeman, if the House had desired the Governor to issue out a proclamation or warrant to reduce him, he would have immediately done accordingly, and is still ready to doe it, but he cannot submit the Queen's authority intrusted to him to be subservient to the execution of the Speaker's warrant.
Writ of Election and return for Westmoreland sent down.
The Governor sent the Clerk of the Council to require the Minutes of the Assembly to be brought to him by to-morrow noon at farthest in order to send them by the packett. [C.O. 140, 6. pp. 527–530.]
Sept. 22. 1104. Minutes of Council of Jamaica. Ordered that Col. Knight and Mr. Chaplin immediately hire a sloop and 20 men to go on the coast of Carthagena to take a prisoner for intelligence, and that they give them such instructions as they shall think proper. [C.O. 140, 6. pp. 177 and 190, 191.]
Sept. 23. 1105. Journal of Assembly of Jamaica. Resolved, that the Body of the Laws be continued by a clause in the Revenue Bill.
Message sent up to the Governor desiring the Provost Marshall as Provost Marshall may attend this House when sent for. The Governor replied 'twas very well.
Sept. 24. The House met and adjourned.
Sept. 25. The Committee of Elections and Privileges having heard Mr. Thurgar, Mr. Fitzhew and the Provost Marshal relating to the serving of the execution against Col. Crew and Capt. Hudson, Members of this House, at Fitzhew's suite, are of the opinion that Thurgar may be discharged paying his fees. Ordered accordingly—the fees to be 3l. to the Clerk and 2l. to the Messenger. Ordered that the paper read in the House by Col. Crew lie on the Clerk's Table for consideration.
Ordered that the Chairman proceed on his reports of the amendments of the Quitrent Bill. [C.O. 140, 7. pp. 119–121.]
Sept. 24. 1106. Minutes of Council in Assembly of New Hampshire. There not being a full Council the Lieut. Governor adjourned the Representatives till Sept. 28. [C.O. 5, 789. p. 335.]
Sept. 27. 1107. Journal of Assembly of Jamaica. The House met and adjourned.
Sept. 28. The House met and adjourned.
Sept. 29. Message sent down that the Governor required a copy of the Minutes from the last time he had them to this day inclusive by to-morrow noone.
Ordered that the Speaker's warrant against Thomas Freeman, dated Sept. 15, be delivered to the Messenger, which was done. It being moved that Capt. John King, Commander of the parties against the rebellious negroes, having behaved himself extraordinary well and thereby been very serviceable to the country in killing and taking many of those negroes and burning and destroying their towns and houses, and by his great marches and lying out in the woods has much impaired his health, wherefore the House for his further encouragement and as a gratuity do make him a present of 100l., to be paid out of the additional duty.
Ordered that a Bill be brought in to make the Cay, whereon H.M. Forts Charles and William stand, a port of entry of landing and shipping off goods.
Ordered that the 100l. paid to Mr. Gay as Clerk of the Assembly be reimbursed to the Commissioners out of the money which shall arise by the additional duty Act. [C.O. 140, 7. pp. 121, 122.]
Sept. 28.
1108. Capt. Lilly to Mr. Popple. Yours of March 23 last I received; I do assure you that there is nothing lyes in my power but what I shall endeavour to oblige their Lordships in. I have for the good of H.M. service now taken a very exact survey of the channell and avenues between Kingston and Port Royall, a true plan of which with the exact soundings I have by this post sent to the Master Generall of H.M. Ordnance; and this I have thought fitt to acquaint you with to the end that the Lords Commissioners may know where to have it in case they shall think fitt to look upon it. I shall only add this as to the channel that leads from Port Royall to Kingston, that there is room enough for ships to goe through being it is at least half a quarter of a mile broad in the narrowest place. There is also water enough for any ship, being there is at least seven fathom all along the mid-channell, and five or six near the sides of the shoals, and it is alltogether free from rocks or anything that can hurt a ship. Lastly it might be very easily secured by fortification against the attempt of an ennemy, for which the ground is very good and firm on both sides, and not above twenty inches or two foot water at most upon the shoal to the Eastward of it. Signed, Chr. Lilly. Endorsed, Recd. 23, Read Nov. 24, 1703. Addressed. Sealed. 1 p. [C.O. 137, 6. No. 6; and 138, 11. pp. 77, 78.]
Sept. 28. 1109. Minutes of Council [in Assembly] of Barbados. 80l. sterl. paid to James Garsett, armorer at the Magazine, for two years' salary.
15l. paid to Edward Lyte, a mattross at St. James' Fort in St. Michael's Town, for one year's salary ending Jan. 14.
15l. paid to Henry Taylor, a mattross at St. James Fort in the Hole Towne, for one year's salary ending Jan. 17.
27l. 18s. 4d. paid to Isabella Sertaine, widow of Thomas Sertaine, for salary as mattross in the Hole Division for one year 10 months and 11 days.
15l. sterl. paid to Thomas Morgan at the Hole Fort for one year's salary ending Dec. 27, 1702.
30l. sterl. paid to John Chilcott, Mattross at the Hole Fort, for two years salary ending Feb. 6.
John Owen, formerly mattross at St. James Fort in the Hole Town, was ordered to receive another certificate for payment of his salary, having lost his previous order; and was paid 15l. for one year's salary, ending July 25, 1703, as a mattross at Queen's Fort.
On the petition of Capt. Phillip Kirton, Capt. Joseph Browne, and Capt. Thomas Maxwell, on behalf of the Vestry of Christ Church, complaining that considerable arrears are due from Col. Tobias Frere for parish dues, ordered that the parties be heard at the next sitting of Council. Petition of Capt. Manuel Gilligan read, setting forth it do's not appear that he was accused (of the crimes he stands committed) upon oath, and therefore praying to be discharged from his commitment, or that he may be sent a prisoner to England per the first opportunity. Ordered that the petition lie upon the table, and that Charles Buckworth, Judge of the Court of Vice-Admiralty, attend at the next sitting of Council with all papers and proceedings that anywise relate to it.
Petitions of Samuel Cox for money expended by him in the country's service etc. read. Mr. Cox was ordered to lay them before the Assembly. The Assembly attending, presented H.E. with an Address in answer to his Speech. The Speaker acquainted H.E. that their House had made choice of Col. George Peers to be store-keeper in the Magazine for the ensuing year, and prayed his allowance and approbation thereof. H.E. replied he would consider of that matter.
William Sharpe and Samuel Cox, Members of this Board, were added to the Committee of Publick Accounts. [C.O. 31, 8. pp. 74–77.]
Sept. 28. 1110. Journal of Assembly of Barbados. The House presented an Address to H.E.;—Under a most grateful sense of H.M. gracious Favour in sending a person of your Excellency's birth, education and general good character to govern this Island, doe give your Excellency our hearty thanks for your prudent and most kind speech. We acknowledge the seasonable observation you made to us of the warr etc., and confess dispatch and vigour in our resolutions, peace and union amongst ourselves are most indispensibly necessary, and declare our inclinations are zealous and promise wee will doe all that in us lyes to answer your Excellency's expectation in those points that are so essential to our well-being and preservation, and that all obstructions thereto may be quite removed, wee earnestly intreat you will not give any ear, much less adhere to the Councils of ill-disposed men, if any are offered to you, for in all ages and in all countrys there are generally such who, disregarding the welfare of their country and the honour of the Chief Magistrate, and only in consideration of their own private ends or being stirred up the enemys of the place they live in interpose their wicked advice, calumniating and maliciously defameing those men who both for disposition and capacity are intirely in the interest of their country, and wee have reason to suspect that there have been some indiscreet attempts of this nature upon your Excellency, and doubt not when you have made a narrow scrutiny into their drift, and have every way examined their ability, you will easily perceive the ill consequences of relying upon Councils of this nature, and wee do sincerely promise your Excellency that wee will to the utmost of our power concurr with and support your Excellency in the maintenance of the honour and dignity of H.M., the prosperity and welfare of this Island etc., and do everything that in us lyes to make this Government both easy, pleasing and comfortable to you, and therefore question not but that you'll put confidence in us who by the Constitution of this Island have a legal call for such purpose, and are resolved to meet as often and sit as long as the public business requires and especially to consider the state of the fortification, militia and magazine. We do nost heartily acknowledge H.M. strict justice and gracious condescension in granting that the duty of 4½ p.c. should be applied to the uses for which it was raised, which wee are very sensible could never be obtained from any of H.M. predecessors, the want of which was the reason that the Assemblys of this Island have not hitherto provided a residence for the Governour, fit places for the Courts of Justice, the meetings of the Council and General Assembly, and a publick prison. And to remove this reproach for the future, we shall readily fall upon such proper measures as may be necessary thereto, and in the meantime we have taken care to order that Pilgrim's may be putt in condition to receive your Excellency speedily, by which means, until some better provision can be made, the inhabitants of this Island may have access to you without being troublesome to private men, which inconveniency might have been avoided had it not been for the unfortunate animosities amongst us both at the time of your arrivall and before, which wee hope for the future will be remedied by your Excellency, the inconveniency you have thereby mett with being a specimen of the events which generally follows such differences. To this end we are ready to extinguish both private and publick piques, that with open arms we may embrace one another, and all concur like one man for the publick good, especially at so dangerous a juncture as this seems to be. And we are highly sensible of your Excellency's preferring the conveniency of the people by your choosing to be near the Town to your own private advantage and ease, which with that justice that is due to our Constituents wee shall as gratefully consider as any that have preceded us. Wee are also perfectly sensible the great benefitt a dock and harbour would be in hurrycane seasons and at other times both for H.M. and merchants ships, and shall readily encourage any proposition that can be made to effect the same. Wee shall also fall on suddain measures for clearing the streets of Bridge Town and prevent inundations there, the first of which being likely to increase the contagion, and the last a good security for the town and the trade thereof. We have also taken care that the country brigantine shall be speedily set to sea, and shall concur with any measures your Excellency shall propose to prevent any delay as hitherto have been for the future that the Island may reap some benefit from so great an expense, which two last are all that at the last session we could effect. We have had under our consideration the mischeivous consequences of the running off of boats and hope to bring that to an end the next session. The Negro Act as soon as may be shall be digested, that the difficultys and inconveniencys thereof may be removed. There have been several attempts made to prevent ingrossing and forestalling, but the difficultys that have intervened are still unremoved. Wee shall as soon as possible consider the same that all oppression of the poorer sort may be timely removed, and wee doe most heartily agree with your Excellency in the indispensible necessity not only in encouraging people to stay in this Island, and effectually discouraging the ill-usage of Christian servants, but that 'tis a matter of the last consequence to prevent their going off to the Leeward Islands and Northern Colonys, but also to make an Act to encourage merchants and others to import servants from Europe, and for this purpose wee are resolved to maintain the publick creditt and to discharge all lawful demands that the loss thereof may be suddenly retreived, and to this end we shall be very circumspect in our funds, and as we shall be always ready to raise such taxes as the people are able to bear, so we doubt not your Excellency will not endure any misapplication of them unless in cases of great extremity for the publick good, and as we shall never offer at the least thoughts that may encroach upon H.M. prerogative, so we hope the rights of the people will be kept in their proper bounds and intirely preserved, both which are absolutely necessary for the security of our Constitution. We doe unanimously concurr that a Government cannot expect to prosper where Virtue and Religion are not encouraged and propagated, and the vices of the people both corrected and restrained, and hope your Excellency will take care the Laws be putt in execution for such purposes, and we earnestly wish that the Clergy may be circumspect in their lives, their examples having generally more influence than their precepts, and we shall readily make the necessary steps that can be required from us in this our Province for the conversion of negroes and Indians.
H.E. replied that he would consider the above Address, and recommended the amendment of the Fortifications at Stanton's Bay, the Yatcht and Fontabell, which he believed was necessary to be immediately putt in good order.
625l. 18s. 3d. paid to Capt. Kingston Townsend.
Capt. Thomas acquainted this House that H.E. ordered him to inform this House that he desired their consideration of placing the French prisoners in secure places and providing for their maintenance. This House recommended the Alms-house in St. Georges. Capt. Thomas generously proffered to provide for the French prisoners till the next sessions of this House with such provisions as this House shall order, on an order for his payment. Ordered accordingly, 6lb. of beef or fish per week and 4lb. of bisket to each prisoner.
Act for encouragement of white servants and to assert their allowance of cloaths and provisions read and ordered to be engrossed.
Mr. Reynoldson's accounts were passed.
Sept. 29. It was moved by a Member that, the Fortifications being out of repair and the Bill laying a duty on strong liquors near expiring, that the Assembly would consider of continuing the Excise by a new Bill to that purpose.
Charles Thomas was appointed Treasurer, and Robert Stillingfleet, Comptroller of Excise, and an Act for laying an imposition on wines and other strong liquors read the first time.
Several members, who appeared this day, being now absent without any sufficient reasons given for such their absence, the Members being 13 in number fined the absent members. [C.O. 31, 7. pp. 104–113.]
Sept. 28.
1111. Minutes of Council in Assembly of New Hampshire. H.E. Governor Dudley summoned the Representatives to attend, and acquainted them of the just and necessary war, and that care should be taken the people may not be oppressed in their service against the enemy; that Col. Romer was at the Fort ready to repair the same, having men sufficient sent thither to attend his orders, and that the species raised towards the payment should be immediately converted into mony to the best advantage; that the Treasurer's accounts be speedily adjusted in order to be sent to England; that they would consider of H.M. most gracious letter referring to sallarys for the Governor and Lieut. Governor; that H.M. had been gratiously pleased to send this Province 50 barrels of powder, stores, guns.
Sept. 29. The Governor informed the Board that he had lately received commands from the Council of Trade that no infringement be made upon the former orders referring to the dimention of timber saved for the service of the Crown, but that the Surveyors severally doe strictly pursue their Instructions in that matter, and that the Secretary give notice thereof accordingly.
The Council being sensible that the 500l. raised for the fortifying the Fort at Newcastle being paid into the Treasury in corne and graine of all sorts at high prices, if kept for sale will prove great loss to the Province, ordered that the Treasurer have the same at his own disposal and to his proper use, he paying the full value of 450l. according to the orders of Col. Romer or the Board in such species, provisions, materials and payments for the fortifying H.M. Fort at Newcastle at money price, or pay for the same where they shall be bought. [C.O. 5, 789. pp. 337, 338.]