Journal, October 1704: Journal Book I

Journal, October 1704

October 3. Present:—Sir Philip Meadows, Mr. Prior.

Barbados.

Jamaica.

Leeward Islands.

Letter from Mr. Clark about ships attending those islands.

A letter from Mr. Clark, secretary to his Royal Highness the Lord High Admiral (in answer to one writ to Mr. Burchet [fo. 124] the 21st of the last month) with a list of the ships of war attending on Barbados, Jamaica and the Leeward Islands, was read.

Leeward Islands.

Letter from the Governour.

A letter from Sir William Mathew, dated at the Maderas the 14th June last, was read.

Barbados.

Copy of an Order of Councill for restoring Mr. Cox to his place in the Council.

Copy of an Order of Councill of the 6th of September, upon a representation of the 25th of August last for restoring Mr. Cox [fo. 115] to his place in the Councill of Barbados, was read.

Copy of an Order of Councill about convoys &c.

Copy of an Order of Councill of the 21st September last, upon a representation [fo. 123] of the 20th of the same month relating to convoys for Barbados and the Leeward Islands, refering the same to the Lord High Admiral's Councill, was read.

Order of Council on Mr. Chilton's petition to be absent a year.

An Order of Council of the 6th of September refering to this Board the petition of Mr. Chilton [fo. 200], Attorney General of Barbados, praying for leave to be absent one year from that island, for the recovery of his health, was read.

New England.

Mr. Cary lately come from thence at the Board.

His memorial about small arms wanting &c.

Mr. Nathanael Carey [fo. 131] acquainted their lordships that being sent from New England by Colonel Dudley with letters and other papers for this Board [fo. 244], he was obliged to throw the same into the sea, being chased and at last taken by a French privateer; but having collected some of the particulars in the foresaid papers relating to ammunition and stores of war, he presented to their lordships a memorial relating thereunto, which was read.

Unto which he added that they were in great want of small armes, and prayed that her Majesty might be moved to give them 2 or 300 for the use of the militia there.

Trade.

Mr. Swan, &c., reply to Raworth and Taylor's answer about complaints.

Copy thereof sent to Mr. Raworth.

Mr. Swan and other Canary merchants [fo. 125] presented to their lordships their reply to Mr. Raworth and Mr. Taylor's answer to their complaints, which was read, and a copy thereof ordered to be sent to Mr. Raworth for his rejoynder, in case he have anything to say thereunto [fo. 141].

Miscellanies.

Letter from Mr. Clifford desiring to see the merchants' report on his accounts.

Answer.

A letter from Mr. Clifford [fo. 118, 227] of the 22nd of the last month, praying that he may have a copy of the report to be made by Mr. Shepherd, Mr. Gardner and Mr. Oosterland upon his accounts before their lordships represent that matter to her Majesty, was read; whereupon the Secretary was ordered to acquaint Mr. Clifford that their lordships would grant his desire.

October 5. Present as before.

Barbados.

Mr. Heysham and others at the Board with copy of a Bill for raising two companies of granadiers.

Mr. Heysham with several Barbados gentlemen [fo. 126, 131] attending, presented to their lordships the copy of a Bill for raising two companies of granadiers in Barbados, which they said was the occasion of the differences there; and desiring their lordships' report upon the papers of complaints they presented to the Board the 26th of last month [fo. 126]. They were acquainted that so soon as there was a Board those papers should be taken into consideration, but that Sir Bevill Granville having promised in his last letter to send a particular account of those matters, their lordships could not take any final determination therein till they heard from him, which they expected by the first packet.

October 10. Present:—Sir Philip Meadows, Mr. Blathwayt, Mr. Prior.

Jamaica.

Draught of letter to Mr. Secretary Harley about soldiers.

Ordered that the draught of a letter to Mr. Secretary Harley be prepared, in answer to one from him of the 12th of the last month, [fo. 119, 133] relating to the soldiers at Jamaica.

Barbados.

Petition against the Governour again read.

The petition of seven of the Assembly of Barbados [fo. 126, 129, 133] refer'd to this Board by Mr. Secretary Hedges's letter of the 20th of the last month, was again read, and several notes made thereupon, and those that appear for the petitioners are to be desired to prove the allegations in the said petition.

October 12. Present:—Lord Bishop of London, Lord Dartmouth, Sir Philip Meadows, Mr. Blathwayt, Mr. Prior.

New England.

Phips and Cary about smal arms.

Mr. Phips with Mr. Cary [fo. 128] lately arrived from New England attending, the memorial presented to the Board by the said Cary the 3rd instant was again read. Unto which the said Cary added that the government of the Massachusets Bay had sent over goods to the value of 300l. for the buying of small armes in the ship in which he came, but that the said goods being taken and carryed into France, he had not money to purchase the said armes with; and in consideration thereof and of the loss of the ship in which he came, which will stand the government of New England in 1,000l., he prayed their lordships to interceed with her Majesty to bestow 500 small armes upon them.

New England.

Letter to Mr. Burchet to know what ships have been appointed.

Ordered that a letter be writ to Mr. Burchet to desire to know whether any ships of war have been appointed for New England, upon the extract of a representation of this Board, which was refer'd to his Royal Highness by her Majesty's Order in Councill of 3rd of August last [fo. 97].

Jamaica.

Letter from the Governour.

Letter from Colonel Handasyd to the Board dated 8th July last, was read.

New Hampshire.

Order of Councill confirming the Act to do military service.

The copy of an Order of Councill of the 18th May last, upon a representation of the same date [fo. 43] upon an Act for obliging the inhabitants of New Hampshire to do military service, and for raising money for a stock of provisions to be in each town ready for a march against the enemy, confirming the same, was read.

October 13. Present:—Lord Dartmouth, Sir Philip Meadows, Mr. Blathwayt, Mr. Prior.

Pennsylvania.

Attorney General's report upon Acts.

Mr. Borret presented to their lordships Mr. Attorney General's report [H. 136; fo. 140] upon a collection of the Pennsylvania Acts past there in 1700 and 1701; and he acquainted their lordships that Mr, Attorney and Mr. Sollicitor General would in a short time dispatch the report upon the extract of a representation of this Board of the 10th of July last upon Colonel Dudley's letters relating to irregularities in Rhode Island and Connecticut which had been refer'd to them by an Order of Councill of the 3rd of August last.

Jamaica.

Letter to Mr. Secretary Harley about soldiers.

A letter to Mr. Secretary Harley [fo. 130] in answer to his of the 12th of the last month relating to the soldiers of Jamaica, was signed.

Barbados.

Complaints.

Then their lordships took into consideration the copy of a Bill [fo. 129, 131, 134] entituled An Act for the security of the bays, towns and sea coasts of this island from the insults of her Majesty's enemies, and to prevent our enimies gaining of intelligence by the running away of boats, which was presented to the Board the 5th instant by the Barbados gentlemen, who complain against Sir Bevill Granville and made some notes thereupon.

October 17. Present:—Lord Dartmouth, Mr. Cecill, Sir Philip Meadows, Mr. Blathwayt, Mr. Prior.

Barbados.

Order of Council on petition of the four suspended counsellors.

And memorial of the members of Assembly again read.

Copies of papers to be given interchangably by each party.

The Order of Council of the 21st of September last [fo. 126, 133, 135] upon the petition of the four gentlemen suspended from the Council of Barbados, as also the memorial from the said suspended members presented to the Board the 26th of the last month, were read; and thereupon ordered that the gentlemen who appear for the suspended counsellors be acquainted that their lordships will represent to her Majesty that according to their request they may have copies of such proofs as Sir Bevill Granville shall transmit against them, and time and liberty to make their defence. And that they may freely take depositions in Barbados in vindication of themselves, as well as the Governour for himself giving each other copies thereof before their transmitting the same to England, that they may be the better inabled respectively to make their defence.

The complainants to be summoned.

Ordered that the gentlemen who appear in behalf of the aforesaid suspended counsellors [fo. 134, 136] as also for the gentlemen of the Assembly who complain against Sir Beville Granville, have notice to attend the Board on Thursday morning next, and that they bring with them what they may have further to offer in relation to their complaints.

Letter to the agents about the quorum of the Assembly.

And further ordered that a letter be writ to the agents of Barbados [fo. 136] and to Mr. Chester, agent for Sir Beville Granville to inquire of them whether there be any Act for settling the number to make a quorum in the Assembly of Barbados, and if no such Act, then how and when the said quorum came to be fifteen.

Leeward Islands.

Mrs. Forness with a new seal.

Mr. Manning with Mrs. Forness [fo. 143], daughter to Mr. Harris, deceased, late seal cutter to her Majesty, attending, presented to their lordships a great seal for the Leeward Islands, and acquainted their lordships that she had other seals for the plantations which were begun, and particularly one half finished by the said Harris before his death; and therefore she prayed that their lordships would intercede for her to my Lord Treasurer for the payment of this seal she now presented, and for liberty to finish those the said Harris had begun. Whereupon ordered that the Secretary acquaint the Board at the next meeting what seals are wanting for the plantations.

October 18. Present:—Lord Dartmouth, Sir Philip Meadows Mr. Blathwayt.

Barbados.

Complaints.

Their lordships proceeded further in the consideration of the several papers of complaints against Sir Beville Granville [fo. 135, 137], and made some further observations thereupon.

October 19. Present:—Sir Philip Meadows, Mr. Blathwayt, Mr. Prior.

Barbados.

Mr. Bridges &c. about quorum of Assembly.

They think 12 to be a sufficient quorum.

Representation to be prepared thereupon.

Mr. Bridges, Mr. Holder and Mr. Chester [fo. 135] attending as they had been desired according to the minutes of the 17th instant, said that they know not of any Act for settling the number to make a quorum in the Assembly of Barbados, nor did they know how it came to be 15. But that they would make inquiry, and if they learnt anything in that matter they would give their lordships an account thereof. However they thought that the number of 15 was too great for a quorum when the Assembly consisted but of 22 persons, and might be attended with the like ill consequences, as of late, if it were not altered, and that the number of 12 might be sufficient. Upon their being withdrawn, their lordships taking that matter into further consideration, gave directions for preparing a representation to her Majesty [fo. 142] that she would by her royal prerogative, be pleased to reduce the quorum of the Assembly from 15 to 12, that number being the major part of the Assembly, and further offering their opinion that her Majesty be pleased to give her directions that no counsellor do by virtue of his place claim any privilege to prevent his paying his just debts or otherwise.

Mr. Heysham &c. about proofs against Sir Beville Granville.

They desire a commission of inquiry.

The method lately used in the like case relating to the Governor of Virginia proposed to them.

And heads of complaints given them for their proofs to be sent to Sir Beville.

Mr. William Heysham [fo. 136, 145] and several gentlemen of Barbados, who appear against Sir Beville Granville, attending, and those who sollicit in behalf of seven of the Assembly being first asked whether they had anything further to offer relating to their complaints, they answered that they had nothing at present but what they would produce as proofs; that they could prove some of their allegations here, and as for the others they desired to have a commission of inquiry for making out in Barbados. Whereupon they were told that lately in a case of the like nature (being complaints against the governour of Virginia) such proofs as could be made here were presented to the Board before any report was made to her Majesty, and that her Majesty was pleased to direct the complaints and proofs to be sent over to the Governour for his answer, with liberty to the complainants to make out their other proofs in Virginia in the ordinary way, but without any particular commission of inquiry; and that their lordships thought themselves obliged to proceed in the same method in the present case, and therefore desired those gentlemen to produce such proofs as they were able to make here, and particularly to several heads extracted out of their complaints, a copy whereof was now delivered to them, which were afterwards to be transmitted the Governour for his answer.

Heads of memorial given to the persons who appear in behalf of the four suspended counsellours for their proofs.

As for the gentlemen who appear in behalf of the four suspended counsellors, that part of the minutes of the 17th [fo. 135] which relates to them, was read, and a paper given to them containing several heads in their memorial unto which their lordships desire also particular proofs.

Mr. Meine and others desire that copies of all papers may be sent to Sir Beville.

Mr. Patrick Mein, Mr. Chester and Mr. Foulerton attending at the same time, acquainted their lordships that they had no instructions from Sir Beville Granville in these matters, but hoped that copies of all papers might be sent to him for his answer before there be any proceeding against him.

Order of Councill on petition of Mr. Foulerton complaining of delays of justice.

Letter to be writ to the Governor thereupon.

An Order of Councill of the 6th July last upon the petition of Mr. Thomas Foulerton complaining of the delays of justice which he meets with in Barbados, by reason that Mr. Maycock his adversary is chief judge of one of the courts of common pleas, a colonel of the militia and justice of the peace in that island, directing this Board to write to the Governour thereupon, being read, ordered that a letter be writ to Sir Beville Granville accordingly [fo. 142].

Miscellanies.

Letter to Lord Treasurer with accounts of incidentals for a quarter ending at Michaelmas.

The secretary's account of petty expences, Mr. Churchill's account of stationary ware, and Mr. Short's account of postage of letters, being for one quarter of a year from midsummer to Michaelmas last, were laid before the Board, and a letter to the Lord Treasurer signed, praying his lordship's orders thereupon.

New York.

Letter to Mr. Lodwick about Act relating to Bayard and Hutchins.

Ordered that Mr. Lodwick be desired to attend the Board on Tuesday next upon Mr. Attorney General's report [fo. 117, 143] on an Act past at New Yorke declaring the illegality of the proceedings against Colonel Bayard and Alderman Hutchins for pretended high treason and for reversing and making null and void the said judgment and all proceedings thereupon.

Maryland.

Barbados.

New Hampshire.

Bermuda.

Leeward Islands.

Massachusets.

Virginia.

Pennsylvania.

Attorney and Sollicitor General's reports on laws.

The secretary acquainting their lordships that Mr. Attorney and Mr. Sollicitor General have returned several laws of Maryland, Barbados, New Hampshire, Bermuda, Leeward Islands, Massachusets Bay, Virginia and Pennsylvania; whereupon ordered that a copy of Mr. Attorney General's report [fo. 132] upon the Pennsylvania laws be communicated to Mr. Penn.

Pennsylvania.

Letter from Deputy Governour.

Two letters from Mr. Evans, Deputy Governour of Pennsylvania, dated 12th March and 30th of May last, relating to the state of that province, as also the proclamation refer'd to in the later of them requiring the inhabitants to furnish themselves with armes, was read.

Trade.

Raworth &c., their rejoynder to Canary merchants' reply.

Copy sent to Swan, &c.

Mr. Raworth, Mr. Maxey and Mr. Taylor presented to the Board their rejoynder to the Canary merchants reply [fo. 129, 142] sent them the 3rd instant, which was read, and a copy thereof ordered to be sent to Mr. Swan and the other Canary merchants.

Carolina.

Letter from Deputy Governour.

Letter to Mr. Lowndes and Royal African Company thereupon.

A letter from Sir Nathanael Johnson, Deputy Governour of Carolina, dated July the 13th, 1703, inclosing copies of several depositions relating to a Bermuda vessell trading with negroes from the coast of Guinea, was read; whereupon ordered that a copy of the said letter be sent to Mr. Lowndes for the opinion of the Commissioners of the Customes thereupon, and to the Royal African Company [fo. 147] for their information, and that they return an answer to this Board of what they know or propose therein.

New Yorke.

Letter from Mr. Broughton Attorny General.

A letter from Mr. Broughton, Attorney General of New Yorke, dated the 27th of June last, relating to his being Advocate General in the courts of Admiralty in the Massachusets Bay and Rhode Island, and to the seizure of the Eagle gally [fo. 115, 142] at New Yorke, was presented to the Board by Mr. Jennings.

October 20. Present:—Mr. Cecill, Sir Philip Meadows, Mr. Blathwayt.

Trade.

Mr. Raworth's rejoynder given to Mr. Swan.

Mr. Swan and other Canary merchants attending, Mr. Raworth's rejoynder mentioned in yesterday's minutes [fo. 141, 144] was delivered to them for their observations thereupon.

Barbados.

Draught of a letter to the Governour on Foulerton's petition.

The draught of a letter to Sir Bevill Granville [fo. 139, 144] upon the petition of Mr. Foulerton, as directed in yesterday's minutes, was agreed and ordered to be transcribed.

New Yorke.

Eagle gally.

The Lord Cornbury's letter of the 26th June last [fo. 102, 141] relating to the seizure of the Eagle gally at New Yorke, as also Mr. Broughton's letter mentioned in yesterday's minutes, were read.

October 24. Present:—Mr. Cecill, Sir Philip Meadows, Mr. Blathwayt, Mr. Prior.

Barbados.

Draught of a representation about quorum of Assembly under consideration.

The draught of a representation [fo. 137, 146] relating to the quorum of the Assembly of Barbados and the counsellors in the plantations assuming priviledge whereby they shelter themselves from prosecutions on account of their debts, was read, and some progress made therein.

Plantations General.

Mrs. Forness, daughter to Mr. Harris, about seals, &c.

A memorial from Mrs. Forness, daughter to Mr. Harris, deceased, [fo. 135], late seal ingraver to her Majesty, setting forth that whereas her father had received orders from this Board for making new seals for the several plantations, they were immediatly put in hand, and one for the Leeward Islands finished, one for New York half done, and the rest in some forwardness, which would be a great loss to her son (who is legatee to the said Harris) if he had not orders for finishing the same. And thereupon praying that he may have their lordships' directions therein, was read; and directions given for preparing a letter to the Lord Treasurer thereupon [fo. 146].

New Yorke.

Lodwick about Act reversing the attainder of Bayard and Hutchins.

Mr. Lodwick attending [fo. 140, 208] as directed, and Mr. Attorney General's report upon an Act past at New Yorke for reversing the attainders of Colonel Bayard and Alderman Hutchins, being read, Mr. Lodwick said that in case their lordships would be pleased to offer the said Act to her Majesty for her royal confirmation, he with another would be bound in five thousand pounds, that the said Bayard and Hutchins should give the Lord Cornbury sufficient security that they would not prosecute any persons at New Yorke upon account of the proceedings had against them, and promised to attend the Board hereupon on Thursday or Friday next.

Trade.

Mr. Swan &c., answer to Raworth's rejoynder.

Mr. Swan with other Canary merchants presented to their lordships their answer to Mr. Raworth's rejoynder [fo. 142], which was read, and they promised to bring a deposition from the master of the neuteral ship to prove Mr. Raworth's sending effects to the Canaries since the war. Whereupon ordered that an abstract of all the papers [fo. 147] presented to their lordships by both sides be laid before the Board at the next meeting.

Barbados.

Letter to the Governour about Mr. Foulerton.

A letter to Sir Beville Granville [fo. 142], upon the petition of Mr. Foulerton mention'd in the minutes of the 20th instant, was signed.

October 26. Present:—Lord Dartmouth, Mr. Cecill, Sir Philip Meadows, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.

Barbados.

Mr. Bernard and Mr. Lillington about the four suspended members.

They promise to get what proofs they can and desire to take affidavits in Barbados.

Mr. Bernard and Mr. Lillington attending [fo. 137, 165] in behalf of the four suspended members of the Councill of Barbados, and being asked for their proofs to the several heads extracted out of their complaints which was delivered to them the 19th instant, they said that they were not willing to accuse or calumniate the Governor, but only desired to clear themselves of what the Governour had charged them with, which they hoped they have done by their memorial presented to their lordships the 26th of the last month; but being told that since they had charg'd the Governour with several matters of a high nature, their lordships could not report to her Majesty till they withdrew their memorial or proved the same. Whereupon they promised to bring such proofs as they could make here, and for the rest, they desired that some considerable persons in Barbados might be ordered to take their affidavits. To which the Board replyed they are ready to report to her Majesty that the Governour be ordered to give free liberty to all persons concerned, to make affidavit before any judge or justice of the peace of what they know in these matters.

Barbados.

Representation about quorum of Assembly, and Counsellors assuming a priviledg &c. against paying their debts.

A representation [fo. 142 et infra] relating to the quorum of the Assembly in Barbados, and to counsellors assuming a priviledge whereby they shelter themselves from prosecution for debts in the plantations, was signed.

Plantations General.

Letter to Lord Treasurer about seals being finish'd by the heirs of Mr. Harris.

A letter to the Lord Treasurer upon the memorial of Mrs. Forness, relating to the making the seals for the plantations [fo. 202, 210]. as directed the 24th instant, was signed [fo. 143].

October 27. Present:—Sir Philip Meadows, Mr. Blathwayt Mr. Pollexfen, Mr. Prior.

Barbados.

Order of Council on representation about quorum of Assembly and priviledge of counsellors.

Attorney and Sollicitor General to be consulted.

Letter to them with copy of the order and representation and extract of Sir Beville Granvil's commission relating to Assemblies for their opinion.

An Order of Councill of the 26th instant [v. supra] upon a representation of the same date, relating to the quorum of the Assembly of Barbados and to the priviledge of counsellors directing their lordships to consult Mr. Attorney and Mr. Sollicitor General what method they can propose for punishing such members as have wilfully absented from the Assembly of Barbados, being read, ordered that a letter be writ to Mr. Attorney and Mr. Sollicitor General [fo. 153, 262] inclosing a copy of the said representation and order, as also an extract of her Majesty's commission to Sir Beville Granville, whereby Assemblies are constituted in that island, and desiring their speedy report thereupon.

Trade.

Abstract of Canary merchants' papers.

Letters to them about fixing a day for a hearing.

An abstract of all the papers presented to their lordships by the Canary merchants and by Mr. Raworth [fo. 144], being laid before the Board and read, ordered that letters be writ to Mr. Raworth and to Mr. Swan [fo. 148] to desire them to call here to-morrow morning, in order to the agreeing upon a day for the hearing of both sides.

Carolina.

African Company's answer to the letter writ them about a Bermuda sloop trading with negroes.

Mr. Perry, secretary to the Royal African Company [fo. 141], presented to their lordships the said company's answer to the letter writ them the 19th instant, inclosing a copy of a letter from Sir Nathanael Johnson, Deputy Governour of Carolina, dated the 13th of July, 1703, which was read; and Mr. Perry desiring to peruse the depositions mentioned in Sir Nathanael's foresaid letter, he was told that so soon as they were returned from the Custome House, whither they had been sent, they should be communicated to him.

New England.

Representation to be prepared on Mr. Cary's memorial.

Ordered that a representation [fo. 131, et infra] be prepared upon the memorial presented to their lordships the 3rd instant by Mr. Cary lately arrived from New England, relating to armes and ammunition.

October 31. Present:—Mr. Cecill, Sir Philip Meadows, Mr. Blathwayt, Mr. Pollexfen.

Massachusets.

Draught of representation about stores of war &c.

Letter to Mr. Cary to inquire what sort of guns are wanted.

The draught of a representation [v. supra fo. 150] relating to stores of war for the Massachusets Bay, as ordered at the last meeting, was laid before the Board and some progress made therein; and ordered that a letter be writ to Mr. Cary [fo. 152], lately come from New England, to enquire what sort of guns it is they desire for the fort on Castle Island.

Trade.

Raworth, Mr. Cary and Mr. Maxey at the Board.

Mr. Raworth, Mr Cary and Mr. Maxey attending, as directed at the last meeting [fo. 147], and being asked when they would be ready for a hearing with the Canary merchants who petition against them, they said they wou'd be ready any day next weeke that their lordships should appoint; whereupon ordered that a letter be writ to Mr. Swan [fo. 152] to desire him to attend their lordships to-morrow in the afternoon or Thursday morning next, upon the same subject.

Virginia.

Five men of war to saile thither in December next.

Mr. Jennings about his petition.

Mr. Jennings attending, acquainted their lordships that the Admiralty had appointed 5 men of war to be ready in December next to convoy the ships that shall then be ready to saile for Virginia, and praying their lordships to take into consideration his petition [fo. 104, 155] presented to them the 22nd of August last; Ordered that the said petition be laid before the Board at their next meeting.

Order of Council on petition of Richard Baily for a ship to come from Virginia.

Mr. Cobb [fo. 151] presented to their lordships an Order of Councill of the 26th instant upon the petition of Richard Baily and other merchants, freighters of the ship Expectation, now in Virginia, praying that the said ship may have leave to come to England so soon as she shall be laden, which was laid before the Board; whereupon their lordships resolved to take the petition into their consideration at their next meeting.