|
| March 16. |
Sir Henry Ashurst was granted a copy of the letter of Mr.
Partridge, Sept. 25, 1699, relating to timber in New England. |
|
Acts of the Leeward Islands, Dec., 1701, considered, with Mr.
Attorney General's opinion thereon. Directions given for
preparing a report for repealing two of them. |
|
And as to another—to prevent papists and reputed papists from
setling in those Islands, Mr. Attorney having observed a defect
therein which makes it not fit to receive the Royal Approbation
without an amendment which cannot be made otherwise than
by a new Act, and there lying also before the Board a memorial
in the name of Daniel Mackenin, a Protestant inhabitant of
Antego, setting forth a particular case wherein the said Act
exposed him to the danger of great loss, their Lordships ordered
copies of the said Mackenin's case and of that part of Mr. Attorney
General's report, which relates to this Act, to be sent to Col.
Codrington, together with the repeal of the two forementioned
Acts, when the same shall be done. |
|
Mr. Champante laid before the Board Mr. Attorney General's
opinion upon the queries sent to him Feb. 26 relating to his
memorial of Feb. 4 in behalf of Capt. Nanfan, which was read,
and he desired their Lordships to write to Lord Cornbury to desire
his care to prevent any hardships being put upon Capt. Nanfan,
and that upon examining the cause of the action or actions that
are against him the baile may be proportioned accordingly. |
| March 17. |
Mr. John Richardson, a minister, having been recommended
by the Lord Bishop of London, laid before the Board a proposal
setting forth that he had engaged 500 persons to transplant
themselves from Ireland to Virginia or Maryland, and begging
H.M. assistance in order thereunto, the same was read; and
he having thereupon declared that those persons are inhabitants
about Belfast, many of them farmers, of some substance, their
Lordships acquainted him with the difficulties and hazards of
such a transportation, especially in this time of war, there being
no convoys to be expected from those parts; and upon further
discourse with him, judging his proposition to have been loosely
made, upon some mistaken notion which cannot answer the
expectation of those people, they told him that they did not think
it proper for them to offer the same to the Queen, whereby to
ingage her in a charge when there is no probable view of success. |
|
Mr. Champante, Mr. Thrale and Capt. Matthews being altogether
before the Board, Mr. Thrale laid some papers before their
Lordships, of which Mr. Champante was granted copies. Ordered
that Mr. Champante lay before this Board on Friday next an
accompt of the prices and whole charge of the cloathing which
he sent last to New York. |
|
Upon the desire of Mr. Thrale, ordered that the Secretary do
certifye a copy of the accompt of money paid to Mr. Champante
by the Lord Renelagh for the use of the 4 Companies at New
York, which was received from Mr. Pauncefote, Feb. 9. last, and
deliver the same to Thrale. [C.O. 391, 16. pp. 25–33; and
391, 97. pp. 217–226.] |
| March 15. |
456. Journal of Assembly of Barbados. The House met by
special summons. Absent members fined, with exception of
some excused. |
|
The House waited on the President and Council, who desired
them to take into consideration the fitting out the Larke speedily,
there being intelligence of a French Privateer on the coasts.
They also recommended the setting out a small vessel for sending
to the Leeward Islands or other places on any necessary
occasions. |
|
Resolved, that the Speaker make application to the President
and Council for their Order for the payment of the Agents in
England what is due to them. |
|
The House, attending, acquainted the President and Council
that they had discoursed Capt. Folgeamb about his speedy going
out on a cruise; and recommended Capt. Willm. Mills to command
the Larke, and the President thereon gave his approbation, and
this House therefore resolved that the said brigantine be immediately set out, and that his pay be for six weeks from this day. |
|
Capt. Townsend was appointed Agent for setting out vessels
for the country's service at a salary of 80l. per annum. |
|
Capt. Thomas' petition about interest money until the 1,300l.
be paid in for the loss of the brigantine Madeira was approved of. |
|
Resolved, that the Larke shall not have above 90 men employed. |
|
It was moved that the powder in the magazine may be
distributed into several officers' hands in the country. |
|
Report of the Committee upon the debts due from those who
had formerly fitted out vessels of war, read. |
|
Various salaries voted. |
|
The House adjourned till April 15. [C.O. 31, 7. pp. 37–39.] |
| March 15. |
457. Minutes of Council [in Assembly] of Barbados. The
Board being informed that M. Casilis' sloop, which came up
with the flag of truce, is in a very leaky condition, ordered that
such of the French prisioners as are carpenters be admitted to
go on board the said sloop every morning and to return to the
fort every night, until they have repaired her, and that a guard
do attend them during that time. |
|
See preceding abstract. |
|
Ordered that Capt. John Foljambe, H.M.S. Kinsale, do use
all possible care to get the said ship ready and convoy the ships
bound to the northward with all expedition. Some French
prisoners entered themselves on board her in H.M. service. |
|
The Assembly desired that an order might issue to press men
for the Larke, but that the same might not extend to outwardbound vessels ready to sail. They said there was a report that
the magazine at Port Royal, Jamaica, was blown up, and for
fear of any such accident here, desired that some of the powder
might be distributed. |
| March 16. |
Stores issued for the Leeward fortifications. |
|
See preceding abstract. |
|
172l. 3s. 11¼d. paid on account of disbursements for the
fortifications of St. Phillips, and 462l. 17s. 4½d. for salaries and
other disbursements for the fortifications of St. Michael. |
|
Ordered that privateers take new commissions every time
they come into port. |
|
Error brought by Jane Bushell, widow, to reverse a judgement
for the sum of 50l. costs obtained against her by Thomas Mapp, jr.,
before Christopher and Nathaniel Webb, Dec., 1702. Judgment
reversed. |
|
Error brought by John Howlett that John Robinson
brought an action of trespass and ejectment against Robert
Lauder, wherein Alexander Arnett, and Mary his wife, were
lessors and Howlett tenant, and judgment was given for the
plaintiff, April, 1702. Judgment confirmed. |
|
Error brought by Richard Hasell to reverse judgment obtained
against him by John Jones; the writ fell, defendant being dead. |
|
Error brought by Thomas Main waring, planter, to reverse a
judgment obtained against him by Philip Banfield and Jane his
wife, March, 1702, considered. Judgment reversed. |
|
Error brought by Thomas Marshall to reverse a judgment
obtained against him by Elias Haskitt, March, 1702, upon an
action of debt, heard. Judgment confirmed. |
|
Error brought by James Clinkett to reverse a judgment obtained
against him by John Pead, April, 1697, fell through the death of
Pead. |
|
Error brought by Thomas Walduck to reverse a judgment
obtained against him by James Hurst, April, 1702. It appearing
that the Judge had not returned the whole records under his hand
and seal, the plaintiff was granted 14 days to get them. |
|
Error brought by Edward Burke to reverse a judgment obtained
against him, Nov., 1702, by Francis Pike, heard. Judgment
reversed. |
|
Petition of Mary Benthall of London, spinster, neice and heiress
of Benjamin Weale, read, setting forth that Robert Yeomans
and Elizabeth his wife lately presented their petition to the
President for the administration of the goods of the said Weale,
as the said Elizabeth is executrix of the will of John Weale, who
was supposed executor of the will of Benjamin Weale, and that
petitioner had entered a caveat etc. and had also prayed that
no administration might issue whilst evidence was being taken
in England; but that, since administration had been granted to
Yeomans and his wife, petitioner prays for leave to appeal to
H.M. in Council to have true copies of papers etc. Granted
accordingly. |
|
Petition of Bartholomew Rees and Mary his wife read, and
leave granted to appeal to H.M. in Council from a decision of
the Court of Chancery, Feb. 11, in the case of Mary Davies, widow,
complainant. |
|
Petition of John Browne praying an order for a new path to
be run out between the land of John Rous and petitioner read,
but nobody appearing to it, it was dismissed. |
|
Petition of William Fenton, servant to William Terrill, setting
forth that he had served out his time honestly, and that Terrill
had refused to pay him what was appointed by an Act of this
Island, considered. The Board is of opinion that the same does
not properly lie before them to determine. |
|
Petition of Margaret Waterman, widow of Capt. John Waterman,
praying for letters of administration [? read]. |
|
Salary paid to John Williams, Lt. of the Larke. |
|
A bill of costs was taxed for Charles Cleaver against Philip
Bamfield. |
|
Ordered that M. Casali, who has been confined to his chamber,
have leave to go every day to the house of Edward Arnell in
the Bridge Town to eat or drink, provided he behaves himself
modestly and doe not go any farther from his lodging till further
orders. |
|
Ordered that Thornhill's Battery to Leeward be added to the
division of the regiment under the command of Col. Holder.
[C.O. 31, 8. pp. 4–14.] |
| March 15. |
458. Minites of Council in Assembly of Jamaica. Petitions
of inhabitants of Port Royal returned to the Council from the
Assembly. |
|
The House attending, H.E. passed the Act to invest H.M.
in land in Kingston. |
|
Bill for the present subsistence of H.M. soldiers sent up. |
| March 16. |
The above Bill was read the first time and committed. |
|
Message from the House in reply to H.E.'s speech. As this
House upon all occasions have, so they always will as in duty
bound shew themselves most dutiful and loyal subjects in expressing [? exposing] and hazarding their lives and fortunes to
the utmost peril and danger for the honour of H.M. and the defence
of this Island. |
|
Bill confirming the will of A. Wood sent up passed with
amendments. |
|
Bill to enable the Justices and Vestry of the parish of St. George
to raise their taxes to the Queen as by a former Act, and to
indempnify them and the Justices and Vestries of the parishes of
St. Thomas to the East and St. Davids for not raising their taxes
in the time limited, sent up. |
|
Bill sent up for dividing the parish of St. Elizabeth into two
distinct parishes for the ease of the inhabitants. |
|
Bill sent up to confirm the will of John Thomas late of the
parish of St. Andrew's. |
|
Bill sent up for settling several annuities and appointing as
provision for Mrs. Oliva Read, widow, and her children, and
for the children of Anna Petronelia, now wife of Nathaniel Browne,
gent., out of the estate which was of her late husband, John Read,
decd. |
|
Conference appointed on the Bill for subsisting H.M. soldiers.
[C.O. 140, 6. pp. 452–454.] |
| March 15. |
459. Journal of Assembly of Jamaica. The House attending
the Governor in Council, H.E. said that little notice had been
taken of his Speech wherein he recommended to the House the
care of the Queen's authority, which hee could not but take
notice of, butt that without any scruple he passed the Act for
investing H.M. in land at Kingston. |
|
Bill for quartering soldiers read the third time and passed
and sent up. |
| March 16. |
See preceding abstract under date. |
| March 17. |
Richard Bankes had leave to set up his name in the Secretary's
Office in order to depart for England. |
|
The Committee reported from the Conference that Col. Lowe
proposed the soldiers might be allowed 6s. per week each, it
seeming to the Council that 5s. was too little, there being deducted
out of their pay, which is but three shillings and sixpence per
week, one shilling for shoes, stockings, etc., and therefore that
they might be allowed 24s., by the Calendar month, which upon
debate was unanimously agreed to by both Committees, as well
for the soldiers at St. James and St. Jago de la Vega as at Port
Royal. Col. Lowe likewise offered that he was commanded by
the Governor to signify to the Committee (and that the Council
were all positively of that opinion) that some regard ought to be
had to the officers, but the majority of the Committee of this
House were against it. |
|
And see Minutes of Council in Assembly under date. |
|
Ordered that a Bill for guarding the sea-coasts be brought in.
[C.O. 140, 7. pp. 16–21.] |
| March 15. |
460. Minutes of Council in Assembly of the Massachusetts
Bay. 18l. 7s. 3d. paid to Andrew Belcher for keeping French
prisoners of war. |
|
The resolve past, March 12, relating to Springfield, was brought
up again by the Representatives of Springfield, and several votes
of the town referring to the said lands, with a message from the
House desiring further consideration to be had thereof, and
the papers being read and a debate had thereupon, ordered that
the said resolve without any alteration, together with the said
papers, be returned back to the House of Representatives. |
| March 16. |
Resolve of the Representatives, sent up, was agreed to, that
35l. each be paid to Thomas Brattle and Capt. Timothy Clark
over and above what was granted them the last session for laying
out the money for fortifying Castle Island, there being thro'
mistake so much less given to them than was intended. The
Committee for fortifying the said Island is hereby impowered
to direct the laying out the money further granted this session
for fortifying the said Island, the direction of the worke to be
under Col. Romer. |
|
H.M. communicated to the Council a letter from Richard
Waldron, giving an accompt of the behaviour of the Indians
that was lately in at Cochecha, and the jelousy he had of some
ill-design intended by them. And H.M. proposed his intention
of sending two companies of souldiers to the number of 100 men
to appear in the Eastern country, and to march between Wells,
Saco and Cascobay, and on the head of the frontiers to Haverhill,
to secure the English in case the Indians should be debauched
by the French to rise, and to cover and secure the Indians against
the insults of the French for their fidelity and steadiness to the
English in keeping their articles lately made. Message sent
down to the Representatives to acquaint them with the said
affair, who returned their thanks to the Governor for his care
to preserve the peace with the Eastern Indians, and that they
think it highly reasonable, that H.M. please to put in execution
his purpose of marching 100 men into the frontiers, and that
this House shall due [sic] their duty towards their subsistance.
The Council declared their satisfaction with this message. |
|
Joint-Committee appointed to consider the proposals of James
Russell and William Payne, Collectors and Receivers of the
duties of impost, for further provision to be made in the law to
secure the payment of the said duties. |
|
Committee appointed to prepare and bring in a Bill that bullion
and plate of sterling alloy shall pass at 7s. the ounce. |
| March 17. |
Message sent down to enquire whether the Representatives
had consideration of the grant made by the last Assembly of
6,000l. as a fund for the 5,000l. in bills of credit ordered to be
emitted. The House replied that they had. |
|
An accompt of charges for making the bills of public credit
was presented by the Committee for that affair. Ordered, that
the said gentlemen receive the thanks of this House for their
faithfulness, care and prudence in managing thereof, and the
said account with the aforesaid order, was sent down to the
Representatives for their concurrance, and first to pass upon
the accompt. |
|
Resolves of the Council upon the petition of Springfield,
March 12, was sent back by the Representatives with their
concurrance to the last paragraph only. |
|
Memorial of William Chalkhill, one of the monyers of H.M.
Mint in the Tower of London, now resident in Boston, proposing
that, if the Government think fit, he would undertake to bring
over hither 10,000l. in copper money at such prices and values
as shall be agreed upon, was sent up and read. |
|
Bill for passing of plate of starling alloy, in payments, at 7s.
per ounce, brought in, which was read a first, second, and third
time, and, with some amendments, was passed to be sent down.
[C.O. 5, 789. pp. 798–802.] |
| March 16. |
461. Daniel Mackenin, a Protestant inhabitant of Antigua,
to the Council of Trade and Plantations. ¼ p. Enclosing, |
|
461. i. Petition of D. Mackenin to the Council of Trade and
Plantations. William Bridges, Esq, being seized in fee
of certain Plantations in Antigua in trust for Mr. Thomas
Trant, a Roman Catholick deceased, the said William
Bridges (at the instance and request of the said late
Thomas Trant) by his Letter of Attorney duly executed
bearing date in or about the month of November 1698
did constitute and appoint Mr. Gerrett Trant of Monserate,
Mr. David Rice, and Mr. Thomas Trant, the younger,
then of London, or any two of them, to be his lawfull
Attorneys as well to manage the said Plantations as
also to sell the same out right, or to demise and lett the
same to such person or persons, and at such rent or
rents, and under such covenants and reservations and
for such terme and time, as the said Attorneys should
think fit and convenient. Accordingly in June 1702
two of the said Attornys (being Papists unknown to
the said Daniel Mackenin) did by their deed indented
demise one of the said Plantations called Goldengrove
to the said Mackenin for the tern of 99 years at the
yearly rent of 100l., being the most that then could
possibly be had for it, by vertue whereof the said
Mackenin entred upon the said Plantation, and since
has defrayed, and laid out, in improving the same,
the summe of 300l. and upwards. In April 1702, before
the making of the said lease, an Act past at a Generall
Assembly held at the Island of Nevis entituled an Act
to prevent Papists, and reputed Papists, from settling
in any of H.M. Carribbée Leeward Islands in America,
whereby all papists are disabled to act as Attorneys,
Agents, or Overseers in any of the said Islands, which
said Act is now lodged with the Council of Trade and
Plantations in order to have the same retified in England.
By the particular laws or customes of the said Islands
all Acts of their General Council past and made for the
said Islands are to hold good and valid (without the
royal assent and approbation) for the space of three
years from the time of the making of them (unless
repealed in England) and no longer, unless ratifyed
in England. [Note in margin ? by William Popple:
This is not so.] By means of which said Acts, the said
Attorneys, and other envious persons of the said Island
of Antigua combining and confederating together, how
to defraud, and eject the said lessee out of his said
farm, pretend and give out in speeches, that the said
lease (so made by the said papish Attorneys to the
said lessee, during the disability imposed by the said
Act) is void: Although the said lessee at the time of
his taking the said lease did not know them to be Papists,
neither were they before nor ever since convicted
thereof, and the said confederates having informed the
Honble. Coll. Codrington Governor of Antigua of the
premisses, they all unanimously and dayly threaten
to turn the said lessee out of his possession by force
of the said Act, which will be to his very great damage
and loss, and is at present to his great hindrance. It's
therefore most humbly hoped that in tender consideration
of the premisses and of the hardship and surprize put
upon the said Daniel Mackenin, a Protestant, in this
case, the Council of Trade and Plantations will be pleased
to represent it to the Queen's most excellent Majesty
to the end the said Act may be speedily repealed before
the said Mackenin may be further a sufferer thereby:
and the rather for that it tends to depopulation and
great hindrance of trade. Endorsed, Recd. Read
March 16, 1702/3. 1¼ pp. [C.O. 152, 5. Nos. 20, 20.i.;
and 153, 8. pp. 143–146.] |
March 17.
London. |
462. John Richardson, Rector of Derrylauran, co. Armagh,
to the Council of Trade and Plantations. Having engaged a
Colony of 500 persons to transplant themselves either to Virginia
or Maryland, as this Board will be pleased to direct, he represents
that the said Colony are only able to advance 5,000l. towards
the charge of their transportation and settlement there, and
5,000l. more will be necessary, for the obtaining of which they
humbly request the recommendation of this Board to H.M.
bounty. Signed, Jo. Richardson. Endorsed, Recd. Read
March 17, 1702/3. 1 p. [C.O. 5, 1313. No. 17.] |
| March 17. |
463. Lord High Treasurer's Orders for payment of quarter's
salaries due to the office of the Board of Trade Xmas, 1702
Signed, Godolphin. Endorsed, Recd. March 18th, 1702/3. 4 pp.
[C.O. 388, 75. Nos. 69–72.] |
| [March 17.] |
464. Account of sums chargeable on Capt. Nanfan by the
officers of New York. Total, 202l. 11s. 9d. 1 p. Annexed, |
|
464. i. List of the accoutrements wanting for the Four Companies.
½ p. The whole endorsed, Recd. Read March 17, 1702/3.
[C.O. 5, 1048. Nos. 43, 43.i.] |
| [March 17.] |
465. An abstract of Respit money and short subsistence in
Lord Ranelagh's. Lord Cornbury's and Capt. Nanfan's hands,
belonging to the Four Companies at New York. 1 p. Endorsed
as preceding. [C.O. 5, 1048. No. 44.] |
| [March 17.] |
466. Mr. Thrale to the Council of Trade and Plantations.
Reply to Mr. Champante's answer to his memorial (March 15).
The 137l. 5s. 6d. he claims ought not to be allowed, as he has
never paid it. As for his pay and clearings, they ought not to
be paid out of this Fund etc. If he loses by the protest of bills,
it's his own fault to draw bills when he has the money in his
hands to answer that service. Begs that Mr. Champante be
directed to bring in an account of the particulars and cost of
the cloathing last supplied by him, that I may know the state
of the Companies on that head, in order to a further supply of
the necessaries that were omitted to be sent over by Mr.
Champante. Begs for their Lordships' Report to the Lord
Treasurer of the necessity the forces are in (not only of that,
but as much more) cloathing as the offreckonings disingaged can
furnish. There is an absolute necessity of 80 recruits being
sent to New York to fill up the Companies for the good of the
service, and I desire that the Respit money in Capt. Nanfan's
and Lord Cornbury's hands may be applied to that use. I am
likewise to desire an Order may be made for Capt. Nanfan to
account with the Staff Officers at New York, and pay them out
of the 10 per cent, in his hands, and also that the establishment
of the Companies may be laid before H.M. for its renewal by
your Lordships. Signed, Jno. Thrale. Endorsed, Recd. Read
March 17, 1702/3. 2 pp. [C.O. 5, 1048. No. 42; and 5, 1119.
pp. 424–428.] |
| March 17. |
467. Mr. Thurston to the Council of Trade and Plantations.
Presents accounts of things necessary to be sent for the soldiers
at Newfoundland, prays that the Company may be cleared,
and that the value of goods lost on shipboard may be allowed
out of contingencies. Signed, J. Thurston. Endorsed, Recd.
Read March 18, 1702/3. 5 pp. [C.O. 194, 2. No. 109; and 195,
3. pp. 199–203.] |
March 17.
At the House of Anthony Penniston at the Flatts. |
468. Minutes of Council of Bermuda. Upon reading a
letter of March 11 from George Larkin to Capt. John Peasley,
Captain of the Castle, ordered that the Justices of the Peace in
these Islands do convene together here by 8 a.m. on Friday next,
then and there to take and receive such proofs as George Larkin
has proposed to make in his said letter, and also that Mr. Larkin
have forthwith notice to be then and there present with Capt.
Peasley. [C.O. 40, 2. pp. 54, 55.] |
| March 17. |
469. Minutes of Council in Assembly of Jamaica. Bills sent
up March 16, to enable the Justices of St. Georges etc.; to divide
the parish of St. Elizabeth; and to settle annuities etc., read the
first time and second time. |
|
Bill to confirm the will of John Thomas rejected. |
|
Conference appointed upon the Bill for dividing the parish of
St. Elizabeth. |
| March 18. |
Col. Lowe reported from the Conference that the Committee
of the House told the Committee of the Council that the House
had just past a resolution not to give any allowance of quarters
or subsistance to the officers and thereupon the Committees
broke up. Upon which the Governor desired the Board to give
their opinion what should be done, who unanimously advised that
the best way was to propose it at a conference with a Committee
of the House to-morrow morning; that they continue the old
Bill of quarters for a fortnight or a month, and be adjourned or
prorogued for that time in hopes they may return with a better mind,
and that in the meantime the Bill for quartering the soldiers
being of great moment may be seriously and thoroughly considered. |
| March 19. |
Conference appointed accordingly. |
|
Col. Lawes reported from the Conference that he had acquainted
the Committee of the House upon the report of what past yesterday
at the Conference in relation to the resolution of the House to
grant noe further subsistance to H.M. officers, the Council took
it with great concerne, and thought greater difficulties would
arise in advising the Governor, when required, how to subsist
the same, and on some other parts of the Bill, therefore desired
to meet the Council again that they might propose to the House
the drawing up a short Bill to continue them on the former
subsistance for a fortnight or a month longer, that the Council
may have due time to consider on so important a matter. |
|
A further Conference was appointed. Col. Lowe reported
from it that the Chairman of the Committee of the House gave
him the sence of the House in writing, that they had resolved
to stand by their former votes and bill, and least that any
difficultys may arise, the House are willing to draw up a short
Bill to quarter the private soldiers as long as H.E. will be pleased
to give the House leave to adjourn, it being near Easter. |
|
Message sent down that the Governor was willing the House
should adjourn for some reasonable time, provided in the interim
care be taken of all the soldiers. [C.O. 140, 6. pp. 454–458.] |
March 18.
Whitehall. |
470. William Popple to John Champante. Enclosing copies
of papers laid before the Council of Trade and Plantations by
Mr. Thrale. [C.O. 5, 1119. p. 429.] |
March 18.
Whitehall. |
471. Council of Trade and Plantations to the Queen.
Recommending the Act of New York for granting of sum of
2,000l. (money of that country) to Governor Lord Cornbury.
Signed, Weymouth, Dartmouth, Ph. Meadows, Jno. Pollexfen,
Mat. Prior. [C.O. 5, 1119. pp. 430, 431.] |
| March 18. |
472. "Reasons against prohibiting trade and commerce with
Spain in the West Indies to be communicated to the [? Privy]
Council." Circular letters having been received from the Earl of
Nottingham to be sent to the Governors of H.M. Plantations
to prohibit all trade and commerce with the French and Spaniards,
it is conceived that such prohibition of trade with the French
in those parts will be very advantageous to England, and if well
executed will hinder the sending our sugar and other enumerated
commodities to the French in lieu of European goods, which
should come from England, but that such prohibition of commerce
with the Spaniards would be no less prejudicial to England, for
that it will debar us from vending our native commodities to them
for pieces of eight or other valuable goods, and this trade tho'
in time of war may be and is carryed on with the Spaniards in
a private manner, besides that if such prohibition be strictly
kept to, it will throw our part of the Spanish Trade into the hands
of the Dutch, who have several Plantations lying so near the
Spanish Coast that altho' they may have a formal direction from
the States General to the same effect, yet will they monopolize
that trade undiscerned by us, without regard to the direction
of the States General, on whom 'tis well known they have little
dependance when the interest of Trade prevailes, in parts so
remote as the West Indies. No Signature. Endorsed, Recd.
March 18, 1702/3. 1¼ pp. [C.O. 5, 3. No. 7.] |
March 18.
Whitehall. |
473. Council of Trade and Plantations to Governor
Codrington. You will understand from Mr. Cary that we having
lately offered to H.M. our humble opinion that you might have
leave to receive the present of 1,200l. in Plate made you by the
General Assembly of all the Leeward Islands, the same has
accordingly been granted by H.M. Mr. Cary has since laid
before us a copy of an Act made by the Assembly of St.Christopher's
for providing 50 slaves to be presented to you, in order to begin
a Settlement in that Island, and thereby to invite and induce
you more particularly to be interested in the prosperity and
welfare thereof, as the Act mentions, but we are not impowered
by our Constitution to offer it, the Act not being under the Seal
of the Island as it ought to be, and we further observe that you
are directed by your Instruction, that no money or value of money
be given by any Act or Order of Assembly to any Governor or
Commander in Chief otherwise than according to the stile of
Acts of Parliament in England, mentioning the same to be given
unto H.M. with the humble desire of the Assembly that it may
be applyed to the use of the said Governor etc. if H.M. shall
so think fit, or if H.M. shall not approve of such gift, that then
the said mony or value of mony be disposed of as in the Act or
Order of Assembly shall be mentioned; and that from the time
the same shall be raised it remain in the hands of the Receivers
or Treasurers of those Islands until H.M. royal pleasure be
known therein: which being considered we suppose you will not
think it fit to receive the benefit of the said present until H.M.
pleasure be accordingly signifyed to you. We have also received
a letter from you, dated at St. Christophers the 23d January last,
wherein you express your unwillingness to name what persons
you think proper to fill up vacancies in the respective Councils
of the Islands under your Government; but that is a thing
positively directed by your instructions and so absolutely necessary
that it cannot be dispenced with. And whereas you there also
mention your having removed Mr. Clayton from the Council of
Mountserrat into the Council of St. Christophers and having
put Mr. Dawley into the Council of Mountserrat in his stead;
we must observe to you that tho' you may judge the same may
tend to some conveniency in carrying on the publick service,
yet it being an irregularity contrary to the tenour of your
Commission and Instructions, by neither of which you have any
power given you to make any alterations in the Council of those
Islands otherwise than by suspending any of the members upon
just cause, and supplying vacancies when the whole number of
any Council happens to be under seven (not otherwise) untill
H.M. further pleasure be known: We conceive therefore it
ought not to be done by you, and so assuring you of our readiness
to concurr with you in everything that may be for H.M. service
and your particular satisfaction, we bid you heartily farewell.
Signed, Weymouth, Dartmouth, Ph. Meadows, Wm. Blathwayt,
John Pollexfen, Mat. Prior. |
| March 23. |
P.S.—You will here inclosed receive 2 letters from the Earl of
Nottingham, relating to the French and Spaniards upon occasion
of the present warr. [C.O. 153, 8. pp. 147–150.] |
March 18.
Whitehall. |
474. Council of Trade and Plantations to the Queen. Having
received from Governor Codrington the Acts past in a General
Assembly of all the Leeward Islands in December, 1701, and
thereupon advised with yr. Majesty's Attorney General in point
of Law, we humbly take leave to represent to yr. Majesty that
one of the said Acts, being for the better observation of the Lord's
Day and suppressing of prophane cursing and swearing, does
amongst other things enact that all Acts of Parliament made or
to be made in England for securing to yr. Majesty's leige people
their religion, lives, liberties and properties shall be in force in
all the Charribee Leeward Islands, with all the paines and penalties
therein contained, as if in that Act verbatim recited; the inserting
of which clause so foreign to the title of the said Act we humbly
conceive to be very irregular and the purport thereof not fit to
be allowed; for that the general extent of the said clause does
make all the Acts of Parliament in England at once to become
laws in the Leeward Islands, whereby yr. Majesty's power and
royal Prerogative will be greatly infringed, and many laws about
property may be set up, which not being suitable to the state of
those Islands, may create vexations law suits and prove prejudicial
to the general good and quiet of the same. For which reasons
we humbly offer that yr. Majesty would be pleased to declare
your disapprobation and disallowance of the said Act.
And whereas another of the said Acts being For the better and
more certain support of Ministers (upon which we have consulted
the Rt. Revd. the Lord Bishop of London) instead of bringing
any advantage to the clergy does appear to us to be very
inconvenient and prejudicial to them, we likewise humbly offer
that yr. Majesty would be pleased to declare your disapprobation
and disallowance thereof. Signed, Weymouth, Dartmouth,
Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior.
[C.O. 153, 8. pp. 150–152.] |
March 18.
Whitehall. |
475. Journal of Council of Trade and Plantations. Letter
to Governor Codrington signed. |
|
Representation to H.M., for repealing two Acts of the Leeward
Islands, signed. |
|
Representation upon an Act of New York signed. |
|
Letters from Capt. Richards, recd. Nov. 23rd and 30th, were laid
before the Board, together with a memorial from Mr. Thurston
and an accompt of the necessaries wanting for the soldiers at
Newfoundland. Directions given for preparing a Representation
upon that whole matter. |
| March 19. |
The last named Representation was signed. [C.O. 391, 16.
pp. 34–36; and 391, 97. pp. 229–233.] |
March 18
(entered 19). |
476. Journal of Assembly of Jamaica. See Minutes of
Council in Assembly under date. |
| March 19. |
See Minutes of Council in Assembly under date. |
|
Bill for encouraging the importation of white servants was
read and passed the second time. |
| March 20. |
Bill for guarding the sea-coasts of this Island read and
recommitted. |
|
Bill for encouraging the settling and building in St. Katherine's
was read and ordered to lye on the Clerk's table. |
|
William Vassall and Thomas Freeman were granted leave of
absence. |
|
See Minutes of Council in Assembly under date. [C.O. 140, 7.
pp. 21–26.] |
March 18.
Boston. |
477. Minutes of Council of the Massachusetts Bay. 50l. paid
to Capt. John Cutler, Commander of a new raysed Company of
foot-soldiers for H.M. service, for the subsisting of himself and
company. |
|
Ordered, that the Reverend Mr. Solomon Stoddard be desired
to preach a sermon to the Great and General Court or Assembly
to convene in May next, upon the day of opening the said Court. |
|
H.E. nominated Peter Thacher of Yarmouth to be a Coroner
within the County of Barnstable; Joseph Otis of Situate, to be
a J.P., and Justice of the Inferior Court of Common Pleas within
the County of Plymouth; Samuel Partridge to be Judge of the
Probate, County of Hampshire; John Pynchon, jr., to be Register
of Wills, County of Hampshire; David Jacobs of Situate, County
of Plymouth. The Council agreed. [C.O. 5, 789. p. 490.] |
| March 18. |
478. Minutes of Council in Assembly of the Massachusetts
Bay. Petition of Stephen Minot that a licence may be granted
him for his new house late built upon the neck in Boston, near
to Roxbury, being accommodated with stabling and other conveniences fit to entertain man and horse, sent up from the
Representatives with recommendation that it be granted, was
negatived. |
|
The Representatives concurred with an Order sent down, that
for the transportation of soldiers during the present war no
ferryman in this province presume to demand or take any payment
whatsoever, and that the said ferrymen carefully attend night
and day to expedite their marches, upon the danger of being
prosecuted as neglecting H.M. service and the security of the
Province. |
|
Petition of the Select-men of Mendon, praying a confirmation
of a purchase of a certain tract of land by them made of the
Indians in addition to their township, sent up with the recommendation of the Representatives, read. The Council resolved
that they did not see meet to proceed upon this petition or any
other of like nature, until there be a General Surveyor appointed
and a platt taken by him of the lands from time to time petitioned
for by any town or particular persons, and laid before this Court,
and of record, that the Court may be knowing and certain in
their grants. This resolve was sent down to the Representatives
for their concurrence. |
|
Petition of Samuel Gibson granted, and a day assigned for the
hearing of his case this Sessions. The Representatives concurred. |
| March 19. |
The House requested H.E. to inform them of the mistakes
committed by the Government in the affair of the College
intimated in H.E.'s speech, and what he would direct in that
affair. H.E. said that the mistakes referred to were the three
draughts of a Charter of Incorporation for the College sent for
England and there refused; and that Mr. Speaker should hear
from him upon the other head of their message. |
|
Committee upon the accounts of John Usher, late Treasurer,
reported, The vouchers are in England so we could not pass anew
on the said accompts, but we suppose the former Committee had
seen them, and gave in their objections, which with the said John
Usher, his answer lye before the House. Only we would add
that by his latter accompt he chargeth the Province with
187l. 15s. 5d., which was not in his first accompt, and most of
which was recovered of him at Law, and the whole paid by him,
and was a charge upon the Province, and are of opinion it ought
to be allowed in his accompt. The Report was accepted and
sent down. |
|
Message sent down to enquire if the Representatives were
upon the consideration of the rules and methods for apportioning and raising of the tax granted by the last session as a
fund for the Bills of credit ordered to be emitted. Reply in the
affirmative. |
|
Ordered that Mr. Treasurer attend to-morrow with an accompt
of the present state of the Treasury. |
|
Bill passed in Council on Wednesday [17th] that plate bullion
and silver of sterling allory should pass in payments at 7s. per ounce
troy weight, sent down for concurrence, was sent up with the
vote of that House dissenting in the enacting part, and offering
another clause instead, which the Council could not agree to.
The Bill was returned to the Representatives for their
reconsideration. |
|
Resolve sent up, that all soldiers wounded or taken in H.M.
service, the charge of their cure shall be paid by the Province,
was agreed to. |
|
Joint-Committee appointed to consider the proposals of William
Chalkhill. |
|
Resolved, upon the petition of Benjamin Ruggles, minister
of Suffield, that 100 acres of land be appropriated to the use of
the ministry in the said town for ever, provided that the town
do forthwith grant and lay out to Mr. Ruggles 100 acres of land
in the town accommodable as may be, to the use of him, his heirs
and assigns for ever. This resolve was sent down. |
| March 20. |
H.E. Communicated to the Council a letter of Feb. 24 from
the Governor and Council of Connecticot, intimating that
they were about to mark out and notify the line lately run
between that Colony and this Province to prevent future
occasions of difference, desiring that this Government would join
therein. |
|
Mr. Treasurer attending with a present state of the Treasury,
whereby it appears that the Province is indebted 2,226l. 11s. 3d.
besides the growing charge, he was directed to lay the same before
the Representatives. |
|
The Representatives attending, the Speaker read their reply
to H.E.'s Speech. H.E. returned thanks and dismist them.
[C.O. 5, 789. pp. 802–806.] |
March 19.
Whitehall. |
479. Council of Trade and Plantations to the Queen. The
season approaching for the usual convoys to be sent to
Newfoundland, where your Majesty has one Company of Foot
consisting of 80 private men besides officers, for whom all necessarys
are yearly sent by every convoy, we humbly take leave to lay
before your Majesty the annexed accounts of what appears to
us to be wanting for the support of the said company in subsistance,
clothing and provisions, for the supplying of which the most
speedy orders are requisite. In relation to the provisions, being
informed by the Commander in Chief that in Newfoundland
they cannot brew with malt in the winter-season, nor without
difficulty in the best of weather, and that beer brewed with
molosses is much wholesomer and better in that country, on
which account they have been formerly obliged to exchange the
malt sent from hence for mollossoes, we are humbly of opinion
that accordingly the price of the malt may be sent by the
Commodore in money, which may remedy the forementioned
inconvenience, and likewise save the freight of malt usually sent,
and the accidents to which the sending it may be subject. And
we further offer that orders be given to the Commodore to do all
that in him lies that the money thus remitted be not embezzled
or apply'd otherwise than to the service designed. And whereas
there is but one opportunity of conveyance in the year for bringing
from thence the muster-rolls upon the musters to be taken
by the Commanders of the annual convoys, and such muster-rolls
taken by the late Commodore Leake appearing to be compleat,
and remaining at present in the hands of the Commissary General,
we humbly offer that there be a clearing of the said Company,
for want of which they are under great discouragement. But
forasmuch as we find by enquiry that upon the desertion or death
of soldiers in Newfoundland, the Commanders have taken upon
them to complete the companies by listing inhabitants, which
is an unnecessary expence to your Majesty, and does no way
strengthen the Colony, we are humbly of opinion that they be
forbid so to do, and directed not to make use of any other recruits
then such as shall be sent from Europe. In relation to the works
which have already been began for the fortifying of St. John's
Harbour, but are not yet perfected, we humbly propose that the
like orders may be given us as in former years, for the seamen on
board your Majesty's ships of war to assist therein, during their
stay in those parts, in such manner as may not be prejudicial to
the sea service. And whereas we have made frequent Representations of the want of a boom and other materials for floating
and fixing a chain before the entrance of the said Harbour, which
have not been provided by reason of a dispute between the Office
of the Ordnance and Navy Board, notwithstanding your Majesty's
Order in Council of March 17, 170½, we cannot but repeat to your
Majesty the great necessity of such a boom and materials, without
which the chain sent thither some time since is of no use, and
the foresaid harbour lies exposed to the French at this time when
they are watchful of all opportunities to possess themselves of
Newfoundland. And in order to the better performance of
whatsoever may be necessary for the security of the place, and
the protection of that Trade and Fishery, we further humbly
offer that the Commander of the Convoy to be sent thither this
year, may have the like Commission to command in chief the
soldiers in pay there, as has in former years been given to others,
and that he may be ordered to bring back with him a true account
of the number of the said soldiers and of their fitness for service.
Signed, Weymouth, Dartmouth, Ph. Meadows, Wm. Blathwayt,
John Pollexfen, Mat. Prior. [C.O. 195, 3. pp. 204–207.] |
March 19.
Royal College of William and Mary. |
480. Minutes of Council of Virginia. H.E. appointed a
Commission to adminster the oaths to the Burgesses. Robert
Beverley was appointed Clerk of the House of Burgesses in place
of William Randolph, resigned. |
|
H.E. communicated to the Council what he intended to say
to the Burgesses. |
| March 20. |
Upon a representation from the Justices of Essex Country
complaining that Thomas Merriweather, Sherif of that County,
hath refused to render an account to the Court of his collection,
in contempt of an order of the Court, and that Francis Merriweather, Clerk of the said County Court, had refused to enter an
order of the said Court, and praying redress therein, H.E. having
acquainted the Council that he had ordered Thomas and Francis
Merriweather to attend here on Wednesday, further consideration
referred till then. [C.O. 5, 1412. pp. 45, 46.] |
| March 19. |
481. Minutes of Council in Assembly of Virginia. The
oaths were administered to the Burgesses. |
|
The Committee appointed for the Revisal of the Laws having
finished that business, laid before H.E. the several Bills they
had prepared, and prayed him to recommend them to the
Assembly. |
|
The Burgesses attending, H.E. addressed them:—I am very
glad to see so many of you met. He recommended them to return
and choose a Speaker, which was done. |
|
Robert Beaverly was appointed Clerk of the House of Burgesses,
and took the oaths accordingly. |
| March 20. |
John Gill and Stephen Gill, French Refugees, took the oaths
appointed in order to their naturalization. |
|
The House, attending, presented Peter Beverly as their Speaker,
whom H.E. approved. They demanded, and H.E. confirmed
to them, the exercise of all their ancient rights and privileges.
H.E. addressing them communicated to them the glorious success
of H.M. arms published in the Gazette of Nov. 1702, and proposed
a Day of Public Thanksgiving. He also read H.M. Letter concerning the contribution of the Quota, "I hope in God there will
be no occasion for me to use my best persuasions to incline you
to a voluntary compliance, being it is the first proposal that
H.M. hath made to her Assembly. I will read you H.M.
proceedings in Council concerning arms and ammunition, wch.
she hath been graciously pleased to order to be sent hither, by
which you may see the extraordinary great care H.M. hath for
your preservation, and that the sume for buying the arms etc.
is nigh three times as much as that for New York. And if you
consent (as I hope in God you will) to the 900l. for that place,
whatever Address you shall agree upon to H.M. most sacred
Majesty concerning that affair, I hope I shall not only join with
you therein, but use my best endeavours that it may be obtained.
That you may imitate, as far as in you lies and the nature of this
Country will allow, that august Assembly the House of Commons
of H.M. Kingdom of England, our Mother-Country, are not only
my hopes, but my earnest prayers to Almighty God. And that
you may know some of their proceedings, I shall now read you
their Loyal Address to H.M. And I don't doubt but that you
will agree with me that it is an extraordinary good one in all
respects, and you may with them not doubt of the full enjoyment
of all your rights and liberties, nor of H.M. defending and
maintaining the Church as by [law] established etc., H.M. having
been always a most illustrious ornament of the Church, and hath
been exposed to great hazards for it. And the value which H.M.
hath been graciously pleased to set upon the love and affection
of her subjects, I don't in the least doubt but it will highly oblige
you to give H.M. pledges thereof in your duty and obedience,
and that you will most earnestly and heartily join with the hon.
House of Commons that you shall always be sensible that H.M.
interest and yours are inseparable, and that you will gratefully
acknowledge H.M. designs to make you safe and happy, for the
full accomplishment of which I shall endeavour what in me lies,
and neither cost nor pains shall be spared, nor the venturing
my life for it, wch. I take to be according to the duty in all respects
wch. I owe to H.M. and the extraordinary love and affection
which I have for this H.M. most ancient and great Colony and
Dominion of Virginia. And that our endeavours be never wanting
what in us lies to make H.M. reign more prosperous and more
glorious than any of H.M. Royal predecessors are my most humble
and cordial prayers to God Almighty. [C.O. 5, 1412. pp. 461–465.] |
| March 19. |
482. Journal of House of Burgesses of Virginia. See preceding
abstract under date. |
| March 20. |
H.E. appointed William Ballard Messenger and Macebearer
to attend this House. |
|
Committee of Elections and Privileges appointed. Petition of
Christoper Neal complaining of an undue return of a Burgess
for Northumberland County referred to this Committee. |
|
And see preceding abstract under date. [C.O. 5, 1413. pp. 1–5.] |
March 20.
St. James's |
483. Order of Queen in Council. Approving Representation
of March 18, and confirming the Act of New York referred to
accordingly. Signed, John Povey. Endorsed, Recd. Read
April 5, 1702/3. 1 p. [C.O. 5, 1048. No. 48; and 5, 1119.
pp. 452, 453.] |
March 20.
St. James's. |
484. Order of Queen in Council Repealing and declaring
void the Acts of the Leeward Islands for the better observation of
the Lord's Day and for the better support of ministers. [See
March 18.] Signed, William Blathwayt. Endorsed, Recd. 17th,
Read 20 April, 1703. 1¼ pp. [C.O. 152, 5 No. 21; and 153,
8. pp. 163, 164.] |
March 20.
St. James's. |
485. Order of Queen in Council. Approving Representation
of March 19, and directing the Earl of Nottingham to signify
H.R.H., the Lord High Admiral, the Lord High Treasurer and
other officers therein concerned, to examine the same, to the end
the several particulars, so far as shall be found necessary, be
speedily provided and sent to Newfoundland by the next convoy.
The Council of Trade and Plantations are to direct the soliciting
the speedy dispatch of this affair. Signed, William Blathwayt.
Endorsed, Recd. Read March 23, 1702/3. ¾ p. [C.O. 194, 2.
No. 110; and 195, 3. p. 208.] |
March 20.
St. James's |
486. Order of Queen in Council. Approving of the Instructions of Governor Seymour, and directing them to be prepared
for H.M. signature. Signed, Wm. Blathwayt. Endorsed, Recd.
Read April 5, 1703. ¾ p. [C.O. 5, 715. No. 72; and 5, 726.
p. 255.] |
March 20.
Whitehall. |
487. R. Warre to William Popple. Signed, R. Warre.
Endorsed, Recd. Read March 22, 1702/3. Addressed. 1 p. Enclosed, |
|
487. i. Circular letter from [? the Earl of Nottingham] to the
Governors of all the Planations. Feb. 25. Whitehall.
War having been declared in the West Indies as well
as in Europe in pursuance of H.M. Orders against the
Spaniards, H.M. Would have your Lordship be very
rigorous and severe in preventing any ammunition or
stores of any kind from being carryd to them, and would
have your Lordship use all proper methods that may
be most effectual for this purpose. 1 p. |
|
487. ii. Circular letter from [? the Earl of Nottingham] to the
Governors of all the Plantations. March 20, 1703. H.M.
having considered the ill practice of the merchants and
planters in the West Indies during the last war in corresponding with the French, not only in trading with them
but in carrying intelligence to them to the great prejudice
and hazard of the English Plantations, I am commanded
to acquaint your Lordship that by all possible methods
you must endeavour to hinder all manner of trade and
correspondence with the French, whose strength in the
West Indies gives very just apprehensions of the mischiefs
that may ensue if the utmost care be not taken to prevent
them. 1 p. |
|
487. iii. List of the Governors to whom the above letters were
sent. 1 p. [C.O. 323, 5. Nos. 10, 10.i.–iii.; and 324, 8.
pp. 226, 227.] |
March 20.
Boston. |
488. Minutes of Council of the Massachusetts Bay. H.E.
being informed that a considerable number of Frenchmen from
Cannada are lately arrived at Port Royal, for the manning out
of privateers, to infest and annoy this coast, and that two private
men of war are lately fitted and set forth from that place to make
spoils and depredations upon H.M. subjects and their estates;
Advised that H.E. emit a Proclamation for laying an embargo
upon all outward bound ships and vessells until further order;
that the Greyhound, Capt. Andrew Wilson, be forthwith taken
up, equipped and fitted out on H.M. service, for guarding of the
coast, and the securing of navigation; that Jeremiah Dummer
and the other owners of the said ship be desired forthwith to
prepare and fit the said ship for the sea, and to direct the working
upon her to-morrow [Sunday, Ed.], if need be; that Andrew
Belcher be directed to victual the said ship, and to put in provisions
for seventy men for the space of one month. [C.O. 5, 789. p. 493.] |
