America and West Indies: October 1703, 1-10

Pages 705-720

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

This free content was digitised by double rekeying and sponsored by the Arts and Humanities Research Council. All rights reserved.


October 1703, 1-10

Oct. 1.
St. Jago de la Vega.
1112. Minutes of Council of Jamaica. 300l. ordered to be paid to the parish of Vere in pursuance of Order of Oct. 26, 1702, etc. [C.O. 140, 6. pp. 177, 178; and 191.]
Oct. 1. 1113. Minutes of Council in Assembly of Jamaica. The Governor communicated to the Board an Instruction about taking the oath of abjuration, whereupon the Clark of the Council was ordered to prepare a roll with the oath fair writt out to be taken and subscribed first by the Governor and the Council, and then to be recommended to the Assembly now sitting.
The House attending, the Speaker read their message to the Governor:—The House having duely and maturely weighed and considered your Honour's message of Sept. 22, in answer to our humble Address of Sept. 18, doe agree with your Honour that the freedome of elections is an inherent right of the people, and it is as true that when persons are elected it is the certain right of the Assembly to judge whether such persons be capable to sit. If persons disabled by infancy, want of freehold, or by any other meanes be elected, yet such persons cannot be received, and new writs ought to issue. The Gentlemen lately expelled were made incapable dureing this Assembly, soe that if the Assembly, as your Honour was pleased to intimate, injoy the rights, libertys, and privileges of the Commons of England, they ought to have other writts, for by many instances we find delinquents expell'd the House of Commons and disabled to be members dureing that Parliament, wherein such offence was committed, and sometimes of any future Parliament, as may be seen in that known case of Arthur Hall, Feb. 4. 1580, etc. Other cases quoted of Feb. 13, 1606, April 26, 1641, May, 1641. By which it plainly appears those Gentlemen expelled are justly made incapable during this Assembly, which is too small a punishment for their remonstrance and other their actions, and the House are fully resolved not to admitt such Gentlemen, who under their hands have positively declared that unless the House would acknowledge satisfaction on their Minutes for their pretended injurys, and chuse a new Speaker, they could not sitt with us, but must protest against our proceedings. The scope of our last Addresse was to have new writts that other persons might be elected in the room of those Gentlemen, in which we still persist, haveing had noe positive denyall as yet from your Honour. We assure your Honour that noe resentments or animositys have or shall take place amongst us, but all our proceedings are with a sinceer intent to serve H.M. and this Island, and to secure our libertys, rights and privileges to ourselves and to our posterity.
Oct. 2. Message sent up, desiring that a Joint-Committee be appointed to view the Forts, which was done. The House desired H.E.'s leave to adjourn till Tuisday next, the Sessions being to be held that day for these precincts, "as also the sale of negroes, and by that time we hope the Westmorland Members will be here."
The Council advised H.E. to return the following answer to the Address of the House presented yesterday:—I expected after soe satisfactory an answer to your last Address not to have another on the same subject soe surprizeing. I omitted taking notice of the black aspersions you cast upon the expelled Members, and the unlimited power you ascribe to yourselves in the latter clause, as the most conducive meanes to bring you to a calmer temper. In this Addresse you agree in the same privileges I allow in my answer to your former, but tell me the scope of it was another intention—I must confess I know not the meaning of the word (scope), but the English it seems to bear in the whole sence of your Addresse is, that you allow the people a right to elect, but would have them elect none but such as shall please you. The right of Elections as I apprehend is thus. The people are to chuse their particular Representatives. When those Representatives meet in the community of the whole, they subject themselves in common to private rules of the House, and those rules are obligatory to them as Representatives, and if they break through them, the House are judges of it. These Gentlemen you say have been transgressors, and you have proceeded to the last punishment, expulsion, and desired new writts which were granted. But then the choice returnes again into the originall the people; and the same Gentlemen they have chosen again, and yet you subject them to a compact made in a former election, whereas the people can make noe default in a free Election on their side, nor the Members elected into the House, but for the term of the same election. As to your presidents, if you can show none where the Members elected again were discarded for a fault made in a former election, they will determine nothing in this case (and there are presidents in England and in this country particular on their side). I must farther put you in mind that the expulsion of a single member in soe great a body as the Parliament of England is not to have the same weight with me as the expulsion and absence of a third of your whole Assembly (when some of the sitting Members are of the same opinion with those you keep out) and little less than halfe the settled part of this H.M. Island is destitute of due Representatives by this violent way of proceeding. For you verry well know this heat arose about the not re-enacting the Additional Duty Bill (which was for H.M. and the Island's service) the same day it was to expire, and that the cuntry on the like occasion once before lost the support of above 6,000l. in a few months' time. I have noe more to add but the same candid advice I have before given to take in your new chosen Members, who have both caracters and estates to entitle them to the right of H.M. writt and the people's choice, which if not complyed with I fear will create objections against the Lawes you are prepareing, before they come to my authority of consent. But if after nine months delayes, you mean noe more then protraction of time, I thinck I ought not, nor will I issue any more writts on this occasion. And I shall leave the blame and consequence of your delatory proceedings on your selves. I am sorry I must lay before H.M. an Addresse wherein two presidents are taken from a time soe fatall to her grandfather and detestable to the whole world.
The Assembly attending, H.E. delivered the above reply. He gave them leave to adjourn to Tuisday, and again recommended peace and unanimity to them, telling them wee have enemys enow round about us and need not foment and persist in diferances among ourselves. [C.O. 140, 6. pp. 531–537.]
Oct. 1.
1114. Minutes of Council and Assembly of New Hampshire. Present, H.E. Joseph Dudley etc. 8l. 7s. 5d. paid to Samuell Penhallow, Treasurer, for entertaining the Judge Advocate and King's Messenger.
Vote sent down for the encouragement of the Postmaster General in Boston.
Ordered that all payments out of the Treasury from time to time be made orderly according to the dates of the warrants, except in special cases, where the warrant shall direct the immediate payment. The Treasurer having this day past all his accounts for four yeares last past, being the whole time of his Treasurershipp, it being observed that the Orders of Council for payment of 41l. 10s. 2d., unto several souldjers, and of 128l. 19s. 6d. for building the prison, and of 53l. 1s. for paying and receiving with other charges etc. are wanting, ordered that the Treasurer have warrants granted by the Secretary for his vouchers.
Ordered that for the future all wages that shall accrew due to the Captaine and souldjers at the Fort William and Mary be paid to the Captaine for the time being, and he to give a receipt for the same to the Treasurer, and the said Captaine to pay the souldjers.
Upon an adjustment of the account of the Fort William and Mary between Mr. Treasurer and the Captain, there appears to be due to the Captain for himself and souldjers to May 17, 30l. 7s. 4d.
Ordered that the Treasurer pay the same to Capt. John Hinkes.
Oct. 2. Committee appointed to inspect Treasurer's accounts.
2l. 18s. paid to Capt. Tuttles for scouting, and 10s. for himself.
Ordered that the Treasurer find provisions according to Law for the three French prisoners, and alsoe blanketts for them to lye upon. [C.O. 5, 789. pp. 341, 342.]
Oct. 1.
1115. Minutes of Council of Virginia. Robt. Quary was sworn a Member of Council, taking the oaths appointed and subscribing the Test.
Col. Benjamin Harrison was granted leave of absence on the grounds of long and tedious sickness. Col. Philip Ludwell's absence excused upon account of indisposition.
Upon complaint of the Court of New Kent County, setting forth that an information having been presented to that Court by the Churchwardens of St Peter's parish against Elinor Dempsee, servant to John Lightfoot, notwithstanding the diligence of their Sheriff to apprehend her and bring her to justice, she was not to be found, and they fear is detained by said Lightfoot in contempt of their order; Ordered that a copy of the above complaint be sent to Lightfoot and that he make answer thereto at the next meeting of Council.
An information sworn to before H.E. by John Scott of New Kent County relating to two shoemakers belonging to the estate of Jno. Lyddal, decd., and detained by Col. John Lightfoot being read in Council, and H.E. having intimated to the Council that some time ago a petition was presented to him concerning that affair, wch. he referred to the said Col. Lightfoot for answer, and wch. he hath hitherto neglected to do, Ordered that a copy of the said information be sent to Col. Lightfoot for his answer, and that he also show cause why he hath not returned his answer as by H.E. he was required.
John Lynes of York County petitioning for a supersedeas to stop the execution of two judgments obtained against him in York County Court by Barrantine Howles, it is the opinion of the Council that there being no proceeding of York Court produced to verify the matter of fact laid down in the said petition, this Board cannot take any cognizance thereof, and therefore ordered that the said petition be rejected.
Joshua Norment petitioning that a supersedeas may issue to stop the proceedings in a sute brought against him in King and Queen Court by Saml. Cradock as guardian to Richard Philips, an infant, Ordered accordingly, petitioner giving security.
Upon the petition of Margaret Brisco, executrix of Evan Lewis, decd., complaining that Capt. Arnold, Commander of the Angola frigat, now in York River, detains the estate of deceased, he having been Cooper on board the said ship, Ordered that Capt. Arnold transmit to H.E. an answer with all speed.
Petition of Mrs. Napier in behalf of Robert Napier, her husband, referred to next General Court.
Upon consideration that there is no extraordinary business requiring the meeting of the General Assembly, Proclamation signed further proroguing it till Nov. 17.
Diverse of the ships designed for England under convoy of Capt. John Symonds not having completed their lading, and Capt. Symonds having therefore this day in Council condescended to stay till Oct. 15, ordered that the Collectors and Naval Officers have leave to clear all ships bound for England till Oct. 15.
The embargo formerly laid on ships bound to H.M. Plantations taken off, the apprehension of danger for wch. the embargo was laid being now removed by the season of the year.
Whereas information is given to this Board that there is in the hands of Joseph Chermesson 40l. sterl. which hath been remitted by my Lord of London's order for Mr. de Joux, late minister at Manican Town, his pension, Ordered that Mr. Chermeson appear before H.E. and the Council on the fourth day of next October General Court, and that in the meantime he take care to keep the said money in his hands.
H.E. signed several Commissions of the Peace, and dedimuses for swearing the respective officers. [C.O. 5, 1412. pp. 102–105.]
Oct. 4.
St. John's, Newfoundland.
1116. Lieut. Lloyd to the Council of Trade and Plantations. Capt. Mich. Richards, that lately commanded this H.M. Fortifications, left this place 17 Sep., and returned for England with Admiral Graydon and left me in charge (being the next Commanding Officer) with the said Fortifications and the command of the Company of Soldiers in this Garrison, which are to the number of eighty private men, three Serjeants, three Corporalls and two Drumms, since which the Burford and Defiance (the latter being distressed) came into this Port. On Sep. 26 came to us from the French of Placentia two French deserters with the inclosed information, which tho' it put all the inhabitants into great consternation, yet it does not in the least dismay me, for I shall think myself happy to be capable to hazard my life for H.M. service in the defence of this place. But with submission, considering the number of soldiers for want of their cloaths and are very much discontented, as both Capt. Richards and Admiral Graydon before they left this place can testify, and since have bin very outragious, that it has greatly discouraged the inhabitants, but for fear the Service should suffer, I have supplyed them with necessarys till the supply arrives, there being no provisions for them but what I supply on my own account. The same night Admiral Graydon's sloop Tryal came in here, and returned to the Admiral at sea next morning, by which I sent the two French deserters, if possible, that the Admiral should use some means for our security, but suppose that he was blown off the coast, having heard nothing since from him. The inhabitants of this place, because the Commander of H.M. Fortifications having noe power or authority over them, cannot bring them together, which if could be done would make from all the out Ports round about us to the number of 800 or 1,000 men. Therefore I humbly thought fit to lay the state of this place before your Lordships, that some speedy care may be taken as your Lordships shall think fit to prevent the inevitable danger that threatens this place from falling in the enemy's hands. Signed, Tho. Lloyd. Endorsed, Recd. 23rd, Read Oct. 25, 1703. Holograph. 2 pp. Enclosed,
1116. i. Abstract of preceding. 1¼ pp.
1116. ii. Examination of Laville and Belrose. Duplicate of Oct 25. No. 1. [C.O. 194, 3. Nos. 1, 1.i., ii.; and (without enclosures) 195, 3. pp. 249–251.]
Oct. 4. 1117. Minutes of Council [in Assembly] of Bermuda. The Assembly were called, and nominated Col. Francis Jones Speaker, which H.E. approved. He took the oaths. Samuel Sherlock and Capt. Daniel Johnson were sworn members of Assembly, and they administered the oaths to the rest of the Assembly.
Upon reading the petition of Mrs. Martha Johnstown, referred to this day, and H.M. Order, it is now upon some reasons referred to the next Court of Chancery.
H.E. acquainted the Assembly with a letter and directions he had received from H.M. and the Lords of the Plantations about making here an indefinite Act for the raising of monies for the support of these Islands, and about the Liquor tax lately made in Col. Day's Government. [C.O. 40, 2. p. 56.]
Oct. 4.
1118. Minutes of Council of Maryland. Petition of Joseph Holt to be restored to his ministerial function [see Aug. 13] read, and the Address of the Vestry of William and Mary parish on his behalf, as likewise a petition of the Religious Society of William and Mary parish signed by Adam Bele and Samuel Gresly, who call them[selves ?] stewards of that Society, and say all unanimously consented. This matter having been already referred to the consideration of H.E. Col. Seymour, who is dayly expected, this Board do not think fit to alter what has been already done therein.
Petition of the Justices of the Provincial Court, on behalf of the Justices of St. Mary's County Court, against whom information is exhibited for levying more tobacco on the inhabitants than by law they were impowered, the said petition referr'd to the said Justices to use their discretion therein.
Joseph Baker's petition read praying the remittance of a fine for not attending as a juror of the Provincial Court. It appearing that he was never summoned by the Sheriff of Calvert County, but unduely returned, his fine is remitted.
Petition of George Plater and George Muschamp, praying that, whereas the(y) are not payd their respective sallarys of 100l. per annum as H.M. Receivers of Fines for several years, and forasmuch as upon the sugar prize, lately brought in by Capt. Moore, there will be sufficient of H.M. share thereof in Mr. Plater's hands to pay them, this Board will order the same. In answer, the Board do not believe it to be in their power to dispose of any part thereof, but orders the same to be secured for H.M. use, and advise the petitioners to make application to H.M. for her royal favour therein on their behalfs.
Ordered, that George Plater, in whose hands H.M. share of the prize is, pay unto the Judge Advocate, Register and Marshall of the Court of Vice-Admiralty their fees due for the Queen's moyety upon condemnation of the said prize.
Ordered that a Commission be prepared for Major Wm. Harris to be Col. of Cecil County, Col. John Thompson and Lt. Col. Hans Hanson being both dead, and that the said Col. Harris take care to call for and secure all the publique arms in that county.
Ordered that four quarter barrils of powder be sent to Col. Harris for the service of that County. [C.O. 5, 745. pp. 40, 41.]
Oct. 5.
1119. Lt. Gov. Handasyd to the Council of Trade and Plantations. I am to own the receit of your Lordships' of July 28 as also a duplicate of May 17, and one of June 18 with H.M. Instructions enclosed, which I shall use my utmost endeavours to observe. I hope before this your Lordships have received mine of July 18, as also of Aug. 27 sent by the Pacquet-boats, which I believe will give you a satisfactory acct. of what has hapned here since my last. Your Lordships will see by the Minutes of the Councill and Assembly their dilatory way of proceedings, and the divisions that are amongst us, and I hope the Minutes of the Councill will convince your Lordships what pains the Councill and I have taken to make them sensible of their errours, but now the division seems to be more than ever amongst themselves, not valueing what becomes of the publick if they can have but their own private revenge. In my opinion the plain English of it seems they'l do no right nor take no wrong, severall of them being very much in debt endeavour to keep a continuall sessions or bring martiall law in force to evade their creditors, neither of which I hope will take effect. The Island has been attended with great sickness these three months past which has proved very fatal and more particularly in Kingston where there has a 170 odd died. We have a dismall account of great losses of the Merchant shipps by the Privateers of Martinico, which as I am informed are 28 in number and have taken 70 odd sail of ships and sloops, some of them laden with negroes, which are of very great value. Here are brought into this harbour by one of our Privateers six sloops belonging to the Dutch and Danes, tradeing on the Spanish coast, which are condemned by the Prize Office, as also four French and Spanish by Captain Douglass, and one sloop by a Letter of Mart man from London, which five are now on their tryall, the account of which tryalls when over I shall remitt to your Lordships. Here are also come into Port four Guinea ships with 1,300 and odd negroe slaves. Our number of slaves augment dayly, but to my great grief the number of white men dayly decrease. At my first comeing to the Government, I did compute by the Rolls that the Island had 4,500 men, but cannot find now above half (the two Regiments in H.M. pay excepted, and what are at sea). I am importuned here by the Officers of the Militia to order the storekeepers to give them compleat arms out of the stores all of one bore both for the Horse and Foot, which no doubt would be very advantagious to them and I beleive for the good of H.M. service; as to the payment of them they only proffer to give notes under their hands to return them into the stores or pay for what are lost upon demand, which I thinke I cannot be safe in without I have your directions, and as I am informed they are in a very bad condition, the smiths and other artificers which were to have taken care of them being most of them dead and sick. I have taken up here a prisoner who is now in goal and goes by the name of Moor, but by what I can learn his right name is Mildmay and supposed to be one of them concerned in the horid conspiracy against his late Majesty King William. Here is also an Irish Popish Priest, which I have taken in the country, and shall send him home by the first Man of War. He goes by the name of Coffee, he says he was taken in a French ship, before I was concerned in the Government, and sett on shoar by some of the Men of Warr, and has been here ever since. Our four Men of War that are here are but very ill man'd, altho' they have the fifth man of every ship and sloop that comes into the Harbour, besides three hundred soldiers aboard of them, which if they had not they were not able to sail their ships, so that I hope your Lordships will find a method that there may be sailors sent to supply the ships. As to the Oaths appointed in H.M. Instructions in relation to the succession of the Crown in the Protestant line, I shall take particular care that every one here that continues in publick trust shall be obliged to take them. I have ordered Captain Lilly to send your Lordships by this Packet a draught of the Harbour from Port Royal to Kingston, as also of the places fitt to be fortified for its defence. Since my last we have had a small shake, but it has done no damage. I herewith send your Lordships the duplicates of the last four publick Acts remitted to your Lordships, as also the Minutes of the Councill and Assembly since my last. The fire of Port Royal haveing destroyed most of the parchment and paper which was fitt for Acts, and for the Minutes of the Councill and Assembly, and there being no such thing now to be had in the Island, I beg your Lordships would order a Rim (ream) of royall paper and some rolls of parchment per next Packet-boat, that such a trifle may not be the occassion of any delay in the publick business. Signed, Tho. Handasyd. Endorsed, Recd. 18th, Read Nov. 19, 1703. Addressed. Sealed. 1¾ pp. Enclosed,
1119. i. Abstract of preceding. 3 pp.
1119. ii. Memorandum of Minutes of Council of Jamaica, Sept. 21, 22, 1703. ½ p.
1119. iii. Memorandum of Minutes of Council in Assembly of Jamaica, Aug. 5—Sept. 29, 1703. ½ p.
1119. iv. Memorandum of Minutes of Council in Assembly of Jamaica, Oct. 1 and 2, 1703. ½ p.
1119. v. Memorandum of Journal of Assembly, Aug. 26–Sept. 30, 1703. ½ p. [C.O. 137, 6. Nos. 7, 7.i.–v.; and (without enclosures) 138, 41. pp. 69–75; and (abstract only) 137, 41. pp. 17–19.]
Oct. 5.
1120. Journal of Council of Trade and Plantations. Petition of the Officers at Jamaica read, and referred to be considered at a full Board. [C. O. 391, 16. p. 208; and 391, 97. p. 577.]
Oct. 5. 1121. Minutes of Council [in Assembly] of Barbados. Capt. Manuell Manasses Gilligan, attending in custody, said he had nothing further to offer than what he had laid down in his petition, but owned that he had traded, as he was charged, with the French and Spaniards, since this present warr, and that hee doubted not but that hee was well warranted for his soe doing, and also owned that he was born in Ireland and a subject of the Queen of England.
H.E. ordered the Attorney and Solicitor General to report their opinions to-morrow morning, whether the matters Petitioner stands charged with amounte to High Treason, or what other crimes, and in case it does not amount to High Treason, how he shall be charged and secured, and how to be proceeded against, and whether the commitment ought to be superseded, with their reasons for the same.
Petition of Thomas Maxwell, jr., Philipp Kirton and Joseph Brown, on behalf of themselves and others, vestrymen of Christchurch, read, setting forth that the Honble. Tobias Frere was in arrears of seven years for assessments and levyes upon his lands there, amounting to 220l. currt. money, which he refused to pay etc. Both sides were heard, and before H.E. had given any opinion thereon, Frere alledged that it being an original action, it was not determinable before H.E. and this Board, and therefore he would not abide by any judgment they should make thereon, but would have it tried elsewhere, whereupon H.E. dismissed the petition.
The Assembly attending, complained that Capt. William Mill had used very abusive words reflecting on several of the Members of their House, and prayed H.E. to appoint some persons to take examinations in the premisses, whereupon he appointed Major Christopher Est wick and Major Thomas, jr.
The Speaker acquainted H.E. that there was a petition preferred to set aside the election for the parish of St. Andrews, and that they had for that reason adjourned to this day sevennight.
Oct. 6. The Attorney and Solicitor General presented their opinion upon the case of Gilligan, that the matters charged did not amount to High Treason for that the Act of 3 and 4 William and Mary was but a temporary Act during the late war, and that therefore it was reasonable and necessary that a supersedeas do issue from H.E. and Council to take off the commitment of Gilligan, made by Order of Council Sept. 14, for High Treason, there being no subsequent Act in this Island. But that Gilligan ought to be proceeded against in a Court of Oyer and Terminer for high crimes and misdemeanours for trading during this present war with H.M. enemies, and that he give reasonable security to answer the same, or on refusal be committed, and that a true state of his case ought forthwith to be transmitted to H.M. "But how far the paper from John Lawrence, Governor for His Majesty of Denmark and Norway and Factor to the Royal West India Company in Guinea upon the Island of St. Thomas, under the seal of that Government, may differ the case, we are not able to report" etc. Signed, E. Chilton, Wm. Rawlin. Evidence was given that the mittimus, on which Capt. Gilligan was committed, was drawn according to Law. Then H.E. ordered the Judge of the Vice-Admiralty, the Attorney and Solicitor General to prepare an exact state of the case, to be transmitted to H.M. [C.O. 31, 8. pp. 118–122.]
Oct. 5. 1122. Journal of Assembly of Barbados. Petition of Robert Yeomans read, setting forth that the last writ for electing Representatives for the parish of St. Andrews was directed to Samuel Berresford, minister, which petitioner conceives was contrary to a Law of this Island, for Thomas Merrick, a Member of Council, then lived in said parish. Whereupon ordered that petitioner be heard at the next sitting.
Ordered that for the future no petition for a controverted election shall be received unless the same be presented to the House or left in the hands of the Clerk of the Assembly at the next sitting after their first convention at the farthest, or left with the Clerk at or before their next sitting after their first convention on the return of the original writs; but in case such election shall happen to be controverted, then the petition complaining thereof shall be presented at the second sitting of the Assembly at farthest after the return of the writ on such new election.
See preceding abstract under date. [C.O. 31, 7. pp. 113–115.]
Oct. 5. 1123. Minutes of Council in Assembly of Jamaica. The Assembly, by reason of the badness of the weather not meeting soe many as to make a quorum, were prorogued to the 7th by proclamation. [C.O. 140, 6. p. 539; and 557.]
Oct. 6.
1124. Lt. Gov. Handasyd to the Council of Trade and Plantations. Since the closing of my Pacquet to your Lordships, I have received the enclosed papers from the Judges of the Admiralty Court relating to the private trade carried on by the Dutch and others in these parts which I have sent over to your Lordships for your perusall, when all the prizes are condemned I will send your Lordships their tryalls over. The Assembly being adjourned from the 3d to the 5th instant October, and there having such violent rains fallen, and storms hapned in the interim, that it was morally impossible for them to make a House, for which reason upon application from the Speaker and what Members were in town I prorogued them two days, vizt. to the 7th, in hopes it may be a means to introduce the excluded Members, and bring them to an unanimity, which will not onely very much tend to H.M. service, but their own, which shall be my endeavour allways to promote to the utmost of my power. The Packet boat has been obliged to stay here some days beyond her time by reason of an accidentall misfortune that happen'd to her mainmast, which I have nothing to say to, for I assure your Lordships none of them ever stay'd thro' my meanes a minute. Signed, Tho. Handasyd. Endorsed, Recd. 18th, Read Nov. 19, 1703. Addressed. Sealed. 1 p. Enclosed,
1124. i. Minutes of the Admiralty Court, Kingston, Oct. 5, 1703. The Hon. Joseph Sergeant and Thomas Nicholls, Commissioners. Ordered that the Registrar prepare a particular account of what vessels have been brought in tryall before this Court since the present warr, in order to be sent home pursuant to H.M. Instructions. Copy. 1 p.
1124. ii. Peter Smith to [? M. Brian, the Director of the Assiento at St. Domingo]. St. Thomas, Sept. 14, 1703. Negotiations for carrying on illegal trade in negroes. Signed, P. Smith. Endorsed, Recd. 18th, Read Nov. 19, 1703. French. 3½ pp.
1124. iii. Peter Smith to [? M. Brian]. St. Thomas, Sept., 1703. Further negotiations concerning the sale of negroes. Signed, P. Smith. French. 3 pp.
1124. iv. Peter Smith to Isaac [? Jacques] Neain. Instructions to dispose of his ship's cargo to M. Brian and M. Collet the Governor of St. Louis. Signed, P. Smith. Sept. 18, 1703. French. 3 pp.
1124. v. Peter Smith to M. Collet, Governor of St. Louis. Sept., 1703. Referring to above cargo of grain etc. Signed, P. Smith. Copy. French. 2 pp.
1124. vi. Peter Smith to M. Seguinard, Captain of the Port of St. Louis. Recommending the master of his ship, Jacques Neain (see No. iv.). Signed, P. Smith. Addressed. French. 1½ pp. [C.O. 137, 6. Nos. 8, 8.i.–vi.; and (without enclosures) 138, 11. pp. 75–77.]
Oct. 6. 1125. Minutes of Council and Assembly of New Hampshire. Present, H.E. Joseph Dudley etc. Upon petition of William Bevis, Commander of the Peace, for an abatement of powdermoney, ordered that he have his clearing to the Fort, paying 26lb. of powder.
Thomas Packer's debenter amounting to 10l. 10s. read; he was allowed 9l. 6s. in full for entertaining Major General Povey. 12l. 7s. 6d. paid to Robert Elliott.
The Treasurer's accounts for four years to July, 1703, passed.
The Representatives sent up a vote that, having considered of H.M. most gracious letter of April 20, 1703, they unanimously agreed that there be paid to H.E. Joseph Dudley a sallary during the time of his Government over this Province, and not otherwise, the year to begin from Nov. 1st next, and to be paid 160l. out of the Impost or other publick taxes raised in this Province and that the Treasurer or Receiver shall have but 6d. in the pound for receiving and paying the same. The Council unanimously agreed to this vote, but see not meet to alter the Treasurer's fees.
Vote sent up by the Representatives relating to the regulating of several officers' fees of entring and clearing of vessels as upon file was read.
29l. 6s. 7d. paid to Samuel Penhallows, and his Powder account approved.
An Act relating to the Inhabitants of the Province doeing military service in equal proportion, and for raising money for a stock of provisions to be in each town ready for such souldjers as shall march forth against the enemy, being three times read at this Board and past by the House of Representatives, was assented to by H.E. [C.O. 5, 789. pp. 345, 346.]
Oct. 7. 1126. Governor Lord Cornbury to the Council of Trade and Plantations. In my letter to your Lordships of Sep. 9 I took the liberty to acquaint you that I had appointed three Commissioners to meet my Lady Bellomont's Agents here to see if they could adjust her Ladyshipp's accounts, which to me seemed not to be soe fair as I could have wished, those Gentlemen have met my Lady's Agents during my being at Albany three times, and would have met them oftner, but the persons appointed by my Lady Bellomont refuse to account any further than according to the account sent to them, as it is stated by Mr. Champante, which I cannot allow to be a fair account, because Mr. Champante accounts for no more than what he says he has received, but he dos not produce any account from the Paymaster General's Office to vouch the truth of his receits, so that the only way that (I conceive) remains for us to state my Lady Bellomont's accounts, is for us to make a charge of the full pay due to the four Company's here, during the time of my Lord Bellomont's Administration, and that my Lady's Agents should discharge that charge, by proper vouchers, in order to the doing this, at the last meeting of my Lady's Agents and the persons I have appointed to state the account with them in my absence, the persons I had appointed delivered a charge to my Lady's Agents, amounting to 31,898l. 11s. 8d. New York money, which makes up the full pay of the four Companys here according to the several Establishments, the Gentlemen appointed by my Lady Bellomont did not think fit to proceed upon that charge, but insisted upon the account sent over to them by my Lady wherein her Ladyship is made debtor for 10,062l. 15s. 6¼d. only, and no account from the Office to shew where the officers and souldiers must aply for the remaining part of the first summe abovementioned, besides in the account sent over by my Lady to her agents (which is exactly the same which was sent to me by Mr. Lowndes) there is no notice taken of the 30 per cent., which was appropriated by the late King for the payment of the Staff Officers, and for the repairing the fortifications; Now I must inform your Lordships that during my Lord Bellomont's time, very little has been paid to the Staff Officers, and nothing at all to the repairs of the fortifications, though they stood very much in need of being repaired; I am lately informed that my Lady Bellomont does intend to beg of the Queen the 30 per cent. which will much alleviate the demand upon my Lady, now as I shall never pretend to oppose any favour H.M. may be pleased to extend to that Lady, soe I think I should be much wanting in my duty to the Queen if I should not inform your Lordships of the truth, which is thus, if the Queen is pleased to grant to my Lady Bellomont the whole 30 per cent., during all the time of my Lord's administration, then the Staff Officers who have lived here upon credit a great while, must expect to go to prison unlesse the Queen is pleased to order some other fund for the payment of the arrears due to them, as for the overplus of the 30 per cent. which ought to have been applyed to the repairing of the fortifications, I shall submit to your Lordships' opinions, what ought to be done with that, only I must say that if that money had been rightly apply'd, this Fort had not been in that miserable condition I found it. I came to this place from Albany this day and finding a ship ready to sail towards Virginia, in hopes to come time enough for the convoy, I thought myself obliged to give you this account. I do intend to-morrow to send for my Lady Bellomont's Agents to know if they will proceed upon the accounts or not, if not, I will by the first conveyance acquaint your Lordships with it, and send you an account stated as I think it ought to be, and submit it to your better judgments. I take the liberty to acquaint you that I have met the Indians at Albany, and I hope I have fixed them at least for this winter, I will by the next conveyance send your Lordships a full account of what passed between us. Signed, Cornbury. Endorsed, Recd. Dec. 15, 1703, Read Feb. 22, 170¾. Holograph. 3 pp. [C.O. 5, 1048. No. 67; and 5, 1120. pp. 78–82.]
Oct. 7. 1127. Journal of Assembly of Jamaica. The House having met, acquainted H.E., and desired that Michael Houldsworth be sworn.
Oct. 8. Rules of the House agreed upon;—21 to be a quorum, and 17 a quorum to call and adjourn the House and send for and punish absent members and not to proceed to other business. Such of the Assembly as shall be appointed to propose what the House has to offer to the Governor and Council, shall not refuse. The Assembly always at rising to adjourn from time to time as they shall see it to be convenient for the speedy dispatch of affairs: none to depart the House without the Speaker's leave upon any pretence whatsoever. Every Bill before it pass to be read three times after all amendments, and if there be any amendments from the Council, then only the amendments shall be read three times. That no man speak above twice at one adjournment to the same debate without leave from the Speaker etc. The Speaker and Assembly have power to imprison such of their Members as shall misbehave themselves, that all may be governed by order and descency. The Minuits to be entered fair in a Book apart and compared every morning, and that both the Books remain in the hands of the Speaker for the time being etc. etc.
Committee of Election and priviledges, and of grievances appointed, and a Committee to inspect the Minuits of the former Assemblys and put 'em in order, and report their proceedings to the House. Also a Committee to inspect the entry of the Minuits of this Session, and see they are fairly entered. And see Minutes of Council in Assembly under date.
Oct. 9. See Minutes of Council in Assembly under date.
Ordered that the Clerk copy the Minutes to be delivered to the Governor every night.
Ordered that the Clerk write to all the absent Members to attend the service of the House Monday morning next at 7.
Committees appointed to prepare and bring in several Bills. [C.O. 140, 7. pp. 123–126.]
Oct. 8. 1128. Vice-Admiral Graydon to the Earl of Nottingham. I gott to Madera April 16, where we watered, from whence I sayled on the 13th, and arrived at Barbadoes, May 12th. I mett there with a brigantine lately come from Guardelaoupe, and the Commander of her told me that the Army and ships were at halfe allowance of provisions. Upon which I applyed myselfe to the Agent Victualler there, who supplyed me with Beefe, Porke, Bread and pease to the vallue of 1,310l. of that country money, which I putt on board the shipps with all the hast imaginable and sayled thence the 17th. The 20th I sayled close by the Fort and Towne of Guardelaoupe, which I saw was ruined, and stretched away for Antegoa, where I mett with the sloop, which I had sent thither from Barbadoes to give them notice of my arrivall. The 22nd I anchored at Antegoa and sent to the Governour to supply me with some bread that I heard was to be sold in that place, who being sickly sent me back a peevish answer that he could gett none. The same day I weighed from Antegoa, and anchored the 23rd in Nevis Road, where I found the fleet and army in greate want. I supplyed them wth. what provisions I brought with me to enable them to goe to Jamaica. The 24th I removed into the Boyne and the 25th sayled from thence for Jamaica, where I arrived June 4th. As soon as I had moured the ships, I ordered surveys to be taken on all the ships I brought with me, which were found to be very defective in their hulls, rigging, masts, stores and provisions, and, which was most material, in great want of men as will appeare by the weekly account enclosed, which amounts to 1,800 seamen and 800 landmen.
By an account from some French prisoners taken off of Cape Tiberon in a sloop, they say that Monsr. Chasteau-Renault and Mr. Du Casse lost great quantityes of men, which has weakened them mightily in seamen. And I am afraid it will be of as badd consequence to England, if they continue to send such heavy squadrons hither, for what with the pestilentiall air of the clymate and the Barbarous usage from the severall Islands, H.M. may have occasion to repent sending squadrons of shipps and bodys of men hither unless a new way of propagateing seamen and soldiers be found out. The Government of these Islands being now absolutely in the hands of Creoalians, who have plainly demonstrated their zeal for H.M. service by raiseing the price of all species of provisions, wanting treble to what it was at our comeing in hither, and enticeing the seamen and soldiers to quitt the service, and under the name of privatiering carry on a sinister trade with H.M. enemyes, and faile not upon every occasion to give notice of H.M. preparations and designes against them; and tho' they seem publickly to be afraid of the French and Spanyards attacqueing of them, yett in my opinion they are not in any danger, considering the weakness of the French and Spanyards in these parts unless forces be sent out of France. Signed, Jo. Graydon. Endorsed, R. Oct. 8, 1703. Addressed. Sealed. 2 pp. [C.O. 318, 3. No. 19.]
Oct. 8.
1129. Journal of Council of Trade and Plantations. Present, Lord Dartmouth, Sir Ph. Meadows, Mr. Cecil, Mr. Pollexfen. Upon the prospect of having a fuller Board the beginning of the next week, letters were writ to Sir Bartho. Gracedieu and Sir Gilbert Heathcote, for the informations of all parties concerned either for or against the late Acts concerning the seat of Trade in Jamaica, that they may be prepared to attend this Board without delay upon the first notice which shal be given them.
Letters from Governor Nicholson, July 23, 28, Aug. 1st and one without date, and from Mr. Jennings, July 6, read, and enclosures laid before the Board.
Letter from Col. Quary etc. June 30, relating to affairs in Pennsylvania, read. [C.O. 391, 16. pp. 209–212; and 391, 97. pp. 581–583.]
Oct. 8. 1130. Minutes of Council in Assembly of Jamaica. Michaell Houldsworth was sworne a Member for Westmoreland.
Oct. 9. Michaell Houldsworth came to the Governor and prayed the late writts of Election for St. Thomas, Kingston, St. Andrews, St. Johns, St. Dorothy's and Clarenden may be againe laid before the House. And as soone as the House mett, the Clerk of the Councill was ordered to carry them in accordingly, and was ordered to acquaint the House that the Governor requires for the future the Minutes to be delivered to him on a peice of paper every night. [C.O. 140, 6. pp. 539; and 557.]
Oct. 10.
St. John's, Newfoundland.
1131. John Roope to the Council of Trade and Plantations. In obedience to yr. Lordships' commands I now write wt. ye shortness of time would give me the oppertunity of inspecting into, for have beene butt five days in the country, butt my late arrivall here will cause me to stay all winter, so yt. next year shall be able give a perfect acct. of wt. improvements may be made in ye trade of this country and by wt. meanes. I have given Capt. Herne of the Centurion some sceemes that I drew up in the passage. I know not how Admirall Griden's miscarriage happened, butt my throughts are yt. if ye soldiers had been brought out of England in the spring of the yeare, and nott from the West India it would have beene of consequence. I therefore humbly offer that if earely next spring there be about 2,500 land soldiers and a small traine of artillery wth. about 15 or 16 ships of war from 36 to 50 guns sent from England to take, seize and keep all the Forts and settlements yt. ye French have in Newfoundland and Nova Scotia, and some sent to cruise on the Bancks, yn. not onely this inesteemable fishery will be once more in our possession, but allso our northeren Plantations, especially the North West or Hudson's Bay will be secured, for Nova Scotia and the west side of Newfoundland being in our possession itt is almost impossible yt. Quebeque and Canada cann long subsist, for all ships that goe to Canada must and doe pass through ye Channell that is between Newfoundland and Nova Scotia; and if wee doe nott soone reduce Plasentia etc., 'tis to be feared that they will reduce us, for wee are informed by severall hands yt. there are 500 men in yt. garrison and at present six ships of war, and they have so disposed their spyes yt. have intelligence from hence every 3 or 4 dayes, I know [sic] whither ye Irish yt. are here doe contribute to yt. Signed, John Roope. Endorsed, Recd. Read Nov. 25, 1703. 1 p. [C.O. 194, 3. No. 2; and 195, 3. pp. 253, 254.]