|
Sept. 1. |
1065. Minutes of Council of Barbados. H.E. communicated
to the Board a report (1) from Charles Buckworth, Judge of the
Vice-Admiralty, Aug. 28, together with (2) the Attorney and
Solicitor General's opinion thereon;—(1) There having been lately
brought into Carlile Bay by Capt. Wm. Pead and Capt. John
Halsy a sloop, Charles the Second, of which Capt. Manuel
Manasses Gilligan hath taken his oath that he is sole owner, and
most part of the cargo, and one William Francis Andrews is
supposed to be Master at the time of the caption of the said sloop,
which with her cargo and appurtenances is by me condemned
in the Court of Admiralty as lawful prize for unlawful trading
with the Queen's enemies, I thought it my duty to represent to your
Excellency's consideration that the abovesaid Gilligan is a naturalborn subject of the Queen of England, but hath since taken his
oath of fidelity to the King of Denmark and the Royal West
India Company of St. Thomas, and hath a pass from the
Governor of St. Thomas to go with the said sloop to the neighbouring Islands about his lawful occasions for six months.
Now he, not having any liberty granted by the said Governor
so to doe, hath of his own inclination and will unlawfully traded
with the Queen's enemies upon the Maine Continent of America,
and having transported himself into this Island, in order to
justify such his unlawful trade, I doe, with submission, declare
that he being now in H.M. Dominions ought to be secured there
till H.M. pleasure be known, or at least to give sufficient security
to appear and deliver up himself to be tried. And for the supposed Master, Andrews, and the rest of the Queen's subjects
concerned in the said unlawful trade and now in this Island,
and not having any pretention of their having sworn loyalty to
any prince but H.M. of England, are at least liable to be proceeded against in the same manner. Signed, Cha. Buckworth.
(2) Upon the above Report, recommended by H.E. for our
consideration, we [? think it will] conduce to H.M. interest to have
a true state of this case drawn up and transmitted to H.M. with all
convenient speed, in order to receive her Royal pleasure therein,
and that in the meantime Gilligan and Andrews and all other H.M.
natural-born subjects belonging to the Charles the Second be either
secured, or give good security not to depart this Island until
H.M. pleasure be signified herein etc. H.E. and this Board having
seriously considered the foregoing, ordered that Charles Buckworth
doe forthwith issue his warrant to apprehend the said persons
and that he take such security as H.E. shall approve of for their
forthcoming when commanded, and in case they refuse to give
such security, that then he commit them to gaol. [C.O. 31, 8.
pp. 64–67.] |
Sept. 1. St. Jago de la Vega. |
1066. Minutes of Council of Jamaica. Ordered that the planck
brought down from Hispaniola by the Englishmen lately escaped
thence in the sloop called the Catharine be valued and the money
they shall be so valued at be immediately paid to the said men. |
Ordered that a shed be built over the new carriages to be made
out of the said planck for H.M. gunns in the parade to preserve
them from the sunn and weather. |
342l. 12s. 8d. paid to Lt. Gov. Handasyd for a quarter's salary
according to the old allowance ending Sept. 4 and for the new
addition appointed by H.M. April 20. |
9l. 13s. 10d. paid to the Lt. Gov. for money paid by him for
bricklayers' work, buckets, etc. for the well at the Queen's house. |
94l. 16s. paid to Capt. Francis Hislop on account of salary
and rent of a storehouse, as Capt. of H.M. traine of artillery.
[C.O. 140, 6. pp. 175, 176; and 189, 190, where the date is given
erroneously as Sept. 31.] |
Sept. 1. Boston. |
1067. Minutes of Council in Assembly of the Massachusetts
Bay. H.E. summoned the Assembly to attend and addressed
them:—When I prorogued this Assembly I did not intend to have
troubled you until the ordinary time of your session in October,
but the sudden eruption of the Eastern Indians has made it
necessary for me to see you, and to let you know the present state
of the Province and your affairs. I am not sorry for the pains
and cost I have taken in the two last interviews with those Indians,
if possible to have kept them in obedience, notwithstanding the
infraction they have now made upon us, because I am well
assured that H.M. will be satisfied that we are not the aggressors,
but that all this breach of faith is on their parts by the instigation
of the French Missionarys amongst them, who attended them in
the late mischiefs. And I hope yourselves and all H.M. good
subjects will with the better courage and freedom support the
service and charge of the war, when no possible methods of justice
and friendship can oblige them to obedience, which they have
so often promised and repeated. I am not sensible to have
neglected one hour in the service for the security of the Frontiers,
notwithstanding their sudden and secret falling upon the whole
Province of Mayn at once at the distance of 50 miles. The
Garrisons at Wells, Saco, Blackpoint and Casco were so well
appointed as to hold their own, and the two last were relieved
in four days time and I have now upwards of 400 men in the
Province of Mayn, which I doubt must be increased, which has
brought up the present forces to 900, the list whereof shall be
laid before you. I am very sensible what great charge this must
necessarily bring upon the Province, but I hope none of H.M.
subjects will doubt of our duty to support our frontiers, or of our
prudence to keep the war as far off as we can. I have earnestly
moved H.M. Governments of Connecticot and Rhode Island
for a quota of men from thence, which yet I doubt of, but that
must not abate but be added to what is already on foot, if I can
obtain it. The present care before you is to rayse what is
necessary for the subsistance and payment of the forces, a good
number of small arms, cloths, and shoes must be soon sent to
them, and I shall take care that there be Commissarys in the
several parts, who shall answer for everything that is put into
their hands, for whom you will provide salaries as they deserve,
and I desire you to do what is proper therein that the best and
fittest man may be induc'd to serve. I have also to communicate
to you H.M. most gracious letter referring to the support of the
Governments, wherein you will see H.M. just expectation from
you, and I have good reason to hope that, while we have so many
particular favours from H.M., you will do your duty and shew your
obedience in this and all other Her royal commands, as you tender
the protection of the Crown. I am well assured the management
of this Government in the distant parts of it do's at all times
demand all possible application, in which by the help of God
I shall not fayle, and therefore justly expect the support H.M.
has commanded. I am sensible your presents and service will
be wanting in the several parts to which you belong, and therefore
desire you will apply yourselves wholly to the publick affairs
that this Session may not be long. |
Mr. Speaker desired a copy of H.E. Speech, which was given him,
and the House dismist to their business. |
H.M. Letter of April 8, directed to the Governour and Council
for setting a fixt allowance upon the Governor, etc., was presented by H.E. and read at the Board. Bill for discontinuing
the Superior Court of Judicature in Hampshire and York Counties
during the present troubles with the Indians, read a first time. |
Sept. 2. |
The above Bill was read a second time, amended, passed to be
engrossed and sent down for concurrence. |
Bill relating to executors and administrators was brought in
and read a first time. |
Message sent up from the Representatives to return thanks to
H.E. for his early care of the frontiers, and to desire that he
would forthwith rayse such further force as with those now
in the service may form a suitable army to pursue the Indians
to their headquarters, if it may be. |
H.M. letter of April 8 was sent down to the Representatives. |
Resolved that H.E. be desired again in the most pressing manner
to urge the Governments of Connecticott and Rhode Island to
send a quota of men. |
Sept. 3. |
The above vote was returned from the Representatives with
their concurrence. |
Message sent up to move H.E. whether it may not be proper
to form an expedition to Port Royal, if voluntiers offer, at the
same time that any army is sent up into the country. |
Message sent to the Representatives to propose an establishment for a Commissary General and two sub-commissarys for
the forces. |
Vote of the Representatives for granting a tax of 11,492l.,
according to the rules for the last tax, to be paid in grain and
provisions in the several towns at certain stated prices, sent
up and read. Message sent down to represent to the House the
impracticableness thereof, and the loss and damage that would
necessarily ensue to the Province thereby. |
Sept. 4. |
The Representatives sent up their vote again, insisting
thereupon, which was again read and sent down with a Committee to confer with them. [C.O. 5, 789. pp. 868–871.] |
Sept. 2. London. |
1068. E. Dummer to the Earl of Nottingham. I think it
my duty to represent to your Lopp. the Generall Fact (or one
year's experience) of holding correspondence with the Islands
in the West Indies by four vessels. Repeats record of the ships'
voyages, averaging about 100 days out and home. In my original
proposition I allowed 95 days besides the time allotted to be spent
at each Island, so it appeareth that every boat hath performed
their course in less time both winter and summer than I allowed.
It is represented from all the Islands to augment the time of
stay a little beyond what it is. I know not whether your
Lordshipp will think fit to do it. Proposes to stay 24 hours more
at Barbados, 18 at Antegoa, 12 at Montserat, 12 at Nevis, 12 at
St. Christophers, and 5 days and nights more at Jamaica. I
am of opinion that the addition of this 8¼ days, to make the
whole 19½ among the Islands, will not be detrimental to the
speed required of them, provided your Lordshipp shall give
orders that the Masters of these vessels shall deliver the Mail
on board upon firing a gun to the Chief Officer residing at the
Port where he shall arrive, and that they shall not be obliged to
carry the mails or other packets 8 or 10 miles into the country,
and to attend especially at Jamaica two or three times at the
Governor's remote residence for orders, by which means he
cannot attend the cleaning and watering of his vessel, nor keep
his men together, nor despatch the most necessary affairs for his
voyage home, and that no Capt. be commanded to go out of his
way or stay longer at any of the Islands than the allotted time.
I beg that these things be positive, for they are forbidden to
carry out or bring home any goods whatever, but only passengers,
because they shall lye under no temptation on that score.
There was nothing I took more care to inculcate into the minds
of these Masters than that they should make all possible
dispatch, and avoid both friends and enemys at sea, by default
of which all the loss has happened, and altho' the last boat
be come safe to port, nevertheless the Captain having assaulted,
taken and exchanged men with the enemy, hath acted contrary
to his orders, therefore I have dismissed him, and supplyed
another in his room etc. (Well done, written in margin.) Signed,
E. Dummer. Endorsed, Recd. Sept. 2, 1703. Addressed. Sealed.
1¾ pp. Enclosed, |
1068. i. Copy of Instructions of the Captains of the MailPackets to the West Indies. Article 10 permits the
Captains to carry passengers from one Island to
another, at tariffs ranging from 2l. 10s. from Barbados
to Antegoa, 3l. from Barbados to Jamaica, 4l. from the
Leeward Islands to Jamaica, and 12 pounds from any
of the Islands home to England. 3 pp. [C.O. 318, 3.
Nos. 18, 18. i.] |
Sept. 2. Whitehall. |
1069. William Popple to Sir Edward Northey. The Council
of Trade and Plantations having received from the Lt. Governor
of Jamaica an Act declaring Kingston the Chief Seat of Trade,
etc., and some gentlemen lately arrived from Jamaica having
attended the Lords of the Committee, who meet in the Earl of
Nottingham's Chambers, upon which his Lordship has desired
the Lords Commissioners for Trade to take the same into consideration and to report their opinion thereon as soon as possible
in regard of the necessity that some speedy resolution be taken
therein, I am directed by such of the Commissioners as are present
in town to send the said Act to you, and to desire your opinion
thereupon in point of Law with all the speed you can, that some
other Members of this Board, who are now absent, but near at
hand, may be summoned to meet and deliberate upon their
report without too great delay. Sir Gilbert Heathcote etc. will
attend you about this matter. [C.O. 138, 11. pp. 30, 31.] |
Sept. 2. Portsmouth. |
1070. Minutes of Council in Assembly of New Hampshire.
Message sent to the House from Lt. Gov. Partridge that, for
want of a full Council, he adjourned the House till to-morrow. |
Sept. 3. |
H.M. Letter, April 20, read before the Council, the Assembly
attending. |
Letter from the Council of Trade, April 20, read. |
Joint Committee appointed to examine into the Treasurer's
account. Ordered that the 60 men under Capt. James Davis,
being out on scouting at the head of the Rivers, be disbanded. |
Sept. 4. |
Message sent down with a vote relating to the impressing of
18 men to make up the number twenty men at H.M. Fort, as also
for the impressing of 60 men to secure the frontiers. |
2l. paid to Patience Alkins for half a year's rent from May 17—Nov. 17, 1702, for the Assembly and Council's sitting. |
Vote sent up that the Lieut. Governor is desired to order such a
number of men as he thinks convenient to scout at the head of
the frontier towns or other service for 14 days, in such manner
as he thinks most convenient for safety, either by parcells or in a
body, and that each man find himself provisions, arms and
ammunition from their first going forth till their return. |
Message sent up from the Representatives that they were still
considering H.M. Letter of April 20. |
H.E. summoned the Assembly to attend and prorogued them
till Sept. 21st. [C.O. 5, 789. pp. 333–335.] |
Sept. 3. |
1071. Minutes of a Council of War of sea and land officers
held on board H.M.S. Boyne in St. Mary's Bay, Newfoundland.
Upon reading H.M. Instructions to Brigadier Colenbine and H.R.H.
Instructions to Vice-Admiral Graydon, and upon mature consideration of (1) the ill state of the ships with respect to their
hulls, masts, badness of sails, standing and running rigging,
anchors, and cables, all being in very sadd circumstances; (2) the
seamen being very few in number, and even those so sickly and
weake that they are not fit to endure any fatigue ashore, and
scarce able to worke the shipps at sea, with the help of the soldiers
now aboard; (3) the provisions at short allowance, and that
very badd, having been long in the West Indies, and drinking
water which with the coldness of the clymate coming directly
out of the other benumbs their limbs, and flings them into fluxes
and scurveys; (4) the winter's approaching very fast, having
had very badd weather on this coast for 28 days past, wch.
together with the aforementioned disadvantages gives us little
prospect of making any considerable efforts on the enemy, but
rather to use our endeavour to secure them for a good passage
home to England, especially the great ships, who are most of
them disabled by stormy weather, having been sent abroad not
fitted out for these countreys; (5) by the account sent by
Brigadier Colenbine of the condition of Placentia relating to
the fortifications in '93, and manner of attacking it. The
number of 2,000 men were then proposed. (6) The five regiments
here are reduced to 1,305. The New England forces which were
to have been 500 are but two companys; were at first but 70
both, and now but 25, the whole very weak and sickly. (7) By
the best account we have of Placentia the enemy are not inferiour
in number to these forces and better able to bear the fatigue
and rigour of these parts, and the present season being so farr
spent for these weake men to make a formall seige or make that
dispatch requisite, according to the account of the severall
and particular avenues and defilées rendring the access so difficult,
not only by the streightness and distance where there is paths,
the height and steepness of other parts, but to be of a spongeous
and moorish nature. And the stores are wanting of planke and
other materialls to supply such difficulties in getting up the guns
to the battery, that the weakness of the forces with requisite
necessaries for encamping that are wanting, their tents being
worne out. (8) This season of the year which falls out contrary
to expectation is the unfittest for such attempts, coming out of a
hott country, and the French being at their full strenght, having
all the assistance that can be expected from the Letters of Mart
and Fishing ships, which can now best supply them with men,
provisions and ammunition upon any occasion, together with
the power of the Governor, who has them under his absolute
command. It is therefore the unanimous opinion that to make
any attempt on Placentia with the ships and forces at this time
of the year, under the present circumstances, is altogether
impracticable, and hath no probability of success, but more
likely to be a dishonour to H.M. armes. Signed, Jo. Graydon,
Will. Whetstone, Hov. Walker, Sam. Vincent, Tho. Lyell, J.
Hartnoll, G. Walron, Jona. Span, H. Mitchell, Tho. Mitchell,
E. Rumsey, Tho. Mathews, W. Fairborne, S. Bourne, -Tho.
Campion; and Jam. Rivers, Charles Wills, Hen. Frankland,
Phinees Bowles, Wm. Wrightman, F. Colenbine, John Symonds,
John Hanaway. Subscribed, I agree with the rest of the
Gentlemen of this consultation, M. Richards. Copy. 3 pp.
[C.O. 194, 22. No. 7.] |
Sept. 3. Barbadoes. |
1072. Governor Sir Bevill Granville to William Popple.
Enclosing the following. This is the third packet which is come
since my being here, and by every one I have sent letters
to their Lordships and duplicates by the Coventry frigat, which
with the merchant ships under her convoy sailed hence, Aug. 10.
Signed, Bevill Granville. Endorsed, Recd. Read Nov. 17, 1703.
Holograph. 1 p. Enclosed, |
1072. i. Governor Sir B. Granville to the Council of Trade
and Plantations. The pacquet boat which sail'd from
England August 2 and arrived here the first instant
brought me your Lordships' letter bearing date July 28.
I have had my health so very ill till within these few days
as to be unfitt for much businesse. I am now recovered
and shall make an end the next week of visiting the
fortifications, ordnance, stores of war and Militia; after
which I shall make that particular report to your
Lordships, you command me: in the meantime
tho' the fortifications are defective, what I find by
information to be weakest is the Militia, great numbers
of servants are lately become free and gone off the
Island, none brought in, the sicknesse (which begins to
abate) has destroy'd abundance, and very many were
listed and carryed away by the Regiments when here.
In what relates to the fortifications I shall make use of
Captain Hayes, a gentleman who served the last warr in
Flanders and applyed himself, as he assures me, to that
part of the Service, having been employed on several
occasions under Monsieur Cohorn: if upon tryall I
find him answer the account he gives of himself, or the
character he has from his friends, I shall then recommend him to your Lordships for his establishment as
Engineer in the room of Captain Sherrard, deceased.
I was sensible that the Flaggs of Truce gave opportunity
for illegal trade and correspondence, which amongst
others, as I mentioned to your Lordships in my last,
was the reason I did not confirm the Cartell with
Martinico: but it is the Danish Island of St. Thomas
which in time of war ever has, and is the staple for all
sort of indirect and illegall trade and commerce; I
shall be very watchfull to prevent it and doe all things
that become me to answer your Lordships' expectations
and my duty. By the Master of an English vessell
taken in June last prisoner to Martinico and since made
his escape I am informed that 90 English prizes have
been brought in there since the war, that they have
at this time 28 Privateers at sea, who are very strongly
mann'd having amongst 'em 3,000 men. He tells me
farthur that they are lading at Martinique ten sail of
merchant ships for Europe which will be ready to depart
in 15 days, they go without convoy. Inclos'd is the
receipt of the Masters of vessells to whom your
Lordships' letters for Bermuda were delivered. I have
none unsent, but that for Mr. Bennet which came in
this last pacquet. I am informed by severall from
Bermuda, that Mr. Larkin is not there but that he went
from thence several months past: they can't tell me to
what place. Signed, Bevill Granville. Holograph. 4 pp. |
1072. ii. Copy of receipts of Masters of vessels for pacquets of
H.M. Letters directed to the Governor of Bermudas. 1 p. |
1072. iii. Abstract of above letter. 1½ pp. [C.O. 28, 6. Nos.
106, 106.i.–iii.; and (without Nos. ii. and iii.) 29, 8.
pp. 343–346.] |
Sept. 3. Boston. |
1073. Minutes of Council of the Massachusetts Bay. 35s. 2d.
paid to Capt. Edward Sergeant of Newbury for ferriage of
souldiers and posts in 1702. |
Licence granted to John Barret to erect a timber dwelling-house,
with a lean-to, on his land fronting on the alley leading from
the sign of the Salutation at the north end of Boston, provided
that he slate or tile the roof. |
12l. 16s. paid to Capt. Josiah Chapin of Mendon for the charge
of carpenters and others to erect fortifications at Oxford and
Hassanamisco, and in looking after the Nipmug Indians. [C.O.
5, 789. p. 535.] |
Sept. 6. At the house of Captain Thomas Jenour in the town of St. George's. |
1074. Minutes of Council of Bermuda. Upon reading a
clause of H.M. Instructions of Nov. 6, 1702, about proceeding upon the Commission granted for trying of pirates
in these parts, it is the opinion of this Board that
the said Instructions are sufficient authority to proceed in
all matters relating to pirates according to the Commission in
that behalf already received from his late Majesty. A Court of
Admiralty was appointed to be holden on Tuesday next come
five weeks at this place for tryal of the several persons in H.M.
Prison on a charge of piracy. |
Ordered that Mr. John Kendall be paid his salary appointed
for Ministers of St. George's in proportion for the time of his last
arrival from Carolina to the arrival of Mr. Thomas Holland
and that a testimonial be prepared for him. |
Ordered that the Assembly meet this day come month and
precepts be issued out. |
Capt. Brook's Commission for Collector read, and he took the
oaths accordingly. |
Now at this Board was exhibited by Thomas Burton on behalf
of Martha Johnstown alias Outerbridg, Widow, and William
Outerbridg, jr., a petition about an Order from his late
Majesty, but Petitioners having left the said Order at home,
the matter was referred to the next Court of Chancery. [C.O.
40, 2. p. 56.] |
Sept. 6. |
1075. Minutes of Council in Assembly of the Massachusetts
Bay. Bill sent up for discontinuing Courts in Hampshire and
York during the present troubles with the Indians read and
concurred with. |
Message sent up that the Representatives desired that the
consideration of H.M. letter referring to stating a salary for the
Governour might be deferred to another Session, many members
being absent. |
Accounts of Andrew Belcher, Commissary General, referred
to a Committee. |
Proposals sent up from the Representatives for the encouraging
of the prosecution of the Indian enemy and rebels read; agreed
that they be digested into a Bill. |
Sept. 7. |
A written message was sent up from the Representatives, that
this House have considered H.M. letter of April 20, but
forasmuch as the members of four entire counties and
several other towns are prevented attending by reason of the
troubles with the Indians and otherwise, do apprehend it their
duty to defer further consideration until a fuller house shall
appear. |
Bill to encourage the prosecution of the Indian enemy and
rebels, sent up was read a first and second time and passed to be
engrossed. |
Petition of Capt. Thomas Waffe for an abatement of half his
last year's excise, he holding his license but about 10 weeks,
sent up with the order of the Representatives accordingly, was
granted. |
Vote sent up from the Representatives that a day of solemn
fasting and prayer be speedily appointed and observed throughout
this Province. |
Proclamation drawn up appointing Thursday, 22nd inst.
accordingly. |
Vote of Representatives for granting a tax of 11, 492l., with
alterations, was again sent up. |
A Bill relating to the forces that are or shall be employed in
H.M. service was brought in. [C.O. 5, 789. pp. 871, 872.] |
Sept. 8. |
1076. Minutes of Council in Assembly of the Massachusetts
Bay. Andrew Belcher was chosen Commissary General. |
Pursuant to a former Order of this Court, the Justices of the
Superior Court reported the method of their proceeding upon
appeal from judgments given on nonsuits or abatements, which
was read. |
Bill to encourage the prosecution of the Indian enemy passed,
and H.E. signed his consent thereto. |
Bill for granting unto H.M. a tax upon polls and estates, passed
in the House of Representatives, was read and passed to be
engrossed. Bill, sent up, relating to the forces was read a first
and second time and passed to be engrossed. |
Sept. 9. |
The two last bills were read a third time and passed. |
Order sent down, was concurred by the Representatives, that
all hearings set to this Present Session, are adjourned and continued to the same day in the next Session of this Court, and
others not set to a certain day, be continued at large. |
Order sent down was concurred by the Representatives, that
every Master of any ship arriving from foreign parts, shall
deliver in all his letters to the Post Office at the Port of discharge,
or shall deliver them at any other place where he happens first
to arrive, the Post Master demanding the same, in which case
they shall be forthwith expressed to the Post Office in Boston.
And all Masters shall be paid by the Post Master a halfpenny
a letter for every and so many letters as he shall put into the
Office, and the Post Master shall be paid and receive the
accustomed rates and prices now paid for letters by him delivered
out. |
H.E. signed the several Acts passed, and ordered that they be
sealed and published. |
H.E. summoned the Representatives to attend, and observed
to them the good acceptance which they had expresst of what
had been already done relating to the war, and of the preparations now making and the supply they had cheerfully
granted for the support thereof, and desired them to steady the
people in their several countys against any terrifying fears of
the enemy. And then intimated, that on advisement with the
Council he had determined to prorogue this Court to Wednesday,
Oct. 27. [C.O. 5, 789. pp. 872–874.] |
Sept. 9. |
1077. William Popple to Governor Codrington. H.M.
absence at the Bath occasioning a little recess in the sitting of
the Council of Trade and Plantations and this being the day
appointed for sending letters by the West India Packet boat,
I find myself obliged to send you the inclosed duplicate of their
last letter, since which they have not received any further from
you. And whereas an Order of Council has been lately past for
repealing an Act of the General Assembly held at Nevis in
December, 1702. for the better securing and confirming the Titles
of Land in that Island, I judge it also requisite to send you the
said Order here inclosed that the same may be accordingly
observed; and H.M. having further directed that their Lordships
do acquaint you with the reason offered by them for this repeal,
I send you likewise a copy of their Repn. on that subject in which
you will find the same explained. [C.O. 153, 8. p. 210.] |
Sept. 9. |
1078. Governor Lord Cornbury to the Council of Trade
and Plantations. Your Lordshipps' letters of January 26,
1702/3, February 22. 1702/3. March 25, 1703, April 7, 1703,
and April 29, 1703, all came to my hands July 29 last by Mr.
Clarke, who at the same time delivered me my Commissions
and Instructions for this Province, and for that of Nova Cæsarea
or New Jersey. On the next day I published my Commission
for the Government of this Province, in the usual manner, after
which I took all the oathes required and subscribed the Test
and Abjuration, then I administered the same to all the
Gentlemen of the Councill who were then in town. I have
likewise sent directions to administer the oathes to all persons
in any offices in the severall countrys in this Province. And
on August 10 I left this Province to goe into Nova Cæsarea or
New Jersey. I have given your Lordships in another letter
a particular account of all proceedings in that Province, so shall
say no more of it in this; I am now going to Albany to meet the
Indians, who, contrary to their promise to me the last year, have
received two Priests at the Onondagos Castles. I have sent
Col. Schuyler thither to try if he can prevail with the Indians
to send the Priests away, I hope he will be returned by the time
I get thither. I shall not stay above ten days there, because
the Assembly of this Province is to sit here upon Oct. 5. I hope
I shall prevail with them to give a fund for a stronger detachment
than last year. We have an account of some preparations the
French are making in Canada, perticularly several large boats,
which we supose to be intended for the carrying men from Quebec
to Montreal, in order to be ready to attempt something upon
our frontiers this winter. I intreat your Lordshipps to believe
that nothing shall be wanting on my part to secure this country
from any attempt of the enemy; tho' really the little security
we have of the Indians makes the people who live upon the
frontiers very uneasy. I wish we had more regular forces, we
should then be better able to defend the country, to annoy the
French, and to keep the Indians in awe. In my letter of
June 30 I acquainted you that I had kept spies abroad ever since
the beginning of May; by some of which I had intelligence of a
party of French and Indians, who designed to make some atempt
to the eastward of New England, of which I gave Coll. Dudley
notice; he has since found my intelligence true; for by the last
post from Boston I received a letter from Coll. Dudley, by which
he tells me that a party of French and Indians had surprised a
place called Wells, where he had posted four score men. After
that the enemy went to surprise a Fort called Casco, where
there was twenty men; but they defended themselves soe well
that they killed severall of the enemy and kept the place; your
Lordships are pleased in your letter of April 29 to say that you
are preparing letters to be sent to the several Plantations
relating to the quota to be furnished by them for the assistance
of New York. I wish they may be more obedient to H.M. than
they were the last time, but I am afraid you will find they will
not till they are compelled, either by some Act of the Parliament
of England, or by such other method as the Queen will please to
make use of, perticularly Connecticut and Rhode Island, from
whence I am fully satisfyed we shall not have one farthing from
them as long as they can help it, they hate anybody that owns
any subjection to the Queen, that our people find every day, for
if any of our merchants of this place goes to sue for a just debt
in the Courts of Connecticutt, to be sure he shall have noe right,
if his suite is against one of that Collony; the next thing your
Lordships mention is that you are expecting an answer from me
upon your directions for my examining the Acts of Assembly of
which you were pleased to send me the titles in your letter of
Jan. 26 last. I hope yet, before these ships goe, to send your
Lordshipps a satisfactory answer to that matter, and the only
reason why I do not send it with this letter is because all the
Gentlemen of the Councill have not yet declared their opinions.
Some of them are very nearly concerned in some of those Acts,
as you will perceive by the account I shall send of them, in which
I shall be carefull to send very perticular answers as your
Lordships require; I humbly thank your Lordships for the
increase of my salary. I shall not fail of acquainting the
Assembly, as soon as they meet, with H.M. orders for prohibiting
any presents being made to Gouvernours for the time to come.
And I intreat you to believe that I will punctually observe H.M.
commands in that matter, for I doe assure you I will not take
any present from any person whatsoever. As for the Courts
of Justice, which your Lordships mention in the last paragraph
of your letter, I do assure you that in all causes that have come
before me in Councill I have always given them the best dispatch
possible, and I am sure there has never been any delay, unless
it were at the request of the parties themselves, or at the desire
of some of the Gentlemen of the Councill, but that has not been
for above three or four days; indeed I have heard that the proceedings in the Supreame Court here have been dillatory, but I
can assure your Lordshipps since the Queen was pleased to
appoint Dr. Bridges to be Chief Justice here, he has applied
himself with great dilligence to the reforming that abuse. I will
not fail to send your Lordships as soon as possible the account
you require relating to the causes depending in the Courts here.
I had sent it now, had not this been the time of the Circuit, so
that people being out of towne I cannot get so perfect an account
as I ought, and am desirous to send to you, however if I cannot
get it ready to send by this, I will be sure to send it by the next
conveyance. In your Lordshipps' letter of April 7 I received a
copy of your Report to the Queen, for which I return your
Lordshipps thanks, and for the care you are pleased to take
of this Province. I will use all the endeavours I can with the
Assembly to make provision in the best manner for the defence
of the Province. I will take care that for the future the accounts
of the Revenue shall be transmitted quarterly, if there is any
conveyance ready, and if not, by the first conveyance that shall
offer. As for the Countess of Bellomont's accounts, I have layd
them before the Councill: but finding them very deficient, we
have refer'd them to three able accountants, whom we have
appointed to meet my Lady Bellomont's agents, to see if they
together can adjust it, in order to lay it before the Councill, that
we may be able to make such a Report as may be proper to lay
before your Lordshipps, which I hope will be to your satisfaction;
as for the receipt of any publick money, I shall most certainly
observe the advice you give me. I will send an answer to Mr.
Champante's paper by the next conveyance. I have likewise
received your Lordshipps' letter with Mr. Attorney General's
opinions enclosed, as to that relating to Bayard and Hutchins,
I can only say that I was told that Bayard had brought his action
against one or two of his Jury and one of his Judges, but I did
not think it proper for me to stop any man's private action,
espetially when there was no application made to me by the other
side. As to Mr. Attorney General's opinion relating to Graves
and Prideux, I can only say that Mr. Champanté does not state
that case fairly in his Memorial. I supose the partys themselves have made that appear before this time; therefore I shall
trouble your Lordshipps no farther upon that matter now, only
to inform you what effect those opinions have had here, and
that is thus, those opinions are transcribed and dispersed among
those who are called here by the name of the black party, some
of which will never be reconciled to an English Government,
nor to an English Gouvernor, unlesse they can find one who will
betray the English laws and interest to the Dutch; these persons
as soon as they get these copies, turn them into Dutch and read
them to the ordinary people, and tell them that the proceedings
of Captain Nanfan and Mr. Atwood are approved of at home,
and confirmed by the Reports of the Attorney General in
England; and this has hapned within these four days past;
therefore I desire when you are pleased to send Mr. Attorney
General's opinion that I may likewise have the case as it is stated
to him, that I may be able to lay the truth before your Lordshipps.
As soon as I return from Albany I will give you an account how
I find matters there, and will use my utmost endeavours to keep
all things in the posture they ought to be; I herewith send the
Acts of Assembly past the last spring, but no conveyance
offering till now, I could not send them sooner. |
P.S.—All the packets I sent directly from hence I have
receipts for, and always enjoin the person to whom I deliver them,
to sink them in case of danger. But those I send either by the
way of Boston or Philadelphia I cannot answer for. Signed,
Cornbury. Endorsed, Recd. Dec. 9, 1703, Read Feb. 22, 170¾.
Holograph. 5 pp. Annexed, |
1078. i. Abstract of preceding. 1¼ pp. [C.O. 5, 1048. Nos.
66, 66.i.; and (without abstract) 5, 1120. pp. 70–77;
and (abstract only) 1000, 5. pp. 1, 2.] |
Sept. [9]. New York. |
1079. Governor Lord Cornbury to the Council of Trade and
Plantations. Having left New York in order to goe into New
Jersey on Aug. 10, I arrived at Amboy on the 11th and that day
published my Commission, having been met by several of the
Gentlemen of the Councill and some of the Proprietors; the
next day I proceeded to Burlington, where I arrived on the 13th
afternoon, it being between fifty and sixty miles from Perth
Amboy. I immediately published my Commission there, and
would have had a Councill that night, but some of the Gentlemen
of the Council were ill with riding, it being a very hot day, but the
next morning I called a Council, where there appeared ten of the
thirteen, of which the Council was to be composed, in pursuance
of H.M. Instructions to me; Mr. Hunlock and Mr. Leonard being
dead before I received H.M. Commission and Instructions for
that Government, and Mr. Andrew Bowne was not able to travell
soe farr. After I had taken the oaths and subscribed the test
and abjuration, I administred the same to as many of the
Gentlemen of the Councill as were willing to take them, that is,
Mr. Morris, Mr. Reuell, Mr. Pinhorne, Mr. Walker, Mr. Leeds
Mr. Sandford, and Col. Quary; but Mr. Fennings, Mr.
Davenport and Mr. Deacon, being Quakers, said they cou'd
not take an oath, and claim'd the benefit of the Act of Parliament; this begot some debate among the other Gentlemen of
the Council, one of them saying that he was of opinion that the
Act was not intended to ease the Quakers any further than only
in cases where they were to be witnesses in Courts of Judicature,
where their Declaration was to be sufficient, but he said he did not
believe it was ever intended they should be by that Act
entituled to hold any employment in Government; he further
said, that the Act by which the abjuration-oath was enacted had
no exception in it, and that that Act having been passed long
after the Act by which the Quakers were eased, and no exception
for them in it, he thought they ought to take that oath, the
Quakers insisted not only upon the Act of 7th and 8th of the late
King, but likewise said they knew I had Instructions to admit
them into any offices or employments which they should be
found capable of (by this I found that the information I had
formerly had was true, that Mr. Morris had brought a copy [of]
my Instructions with him, when he came from England). I
found that in the 49th paragraph I am commanded to administer,
or cause to be administered the oaths therein mentioned to the
Members and Officers of Councill and Assembly, and to all
Judges, Justices, and all other persons that hold any office or
place of trust or profit in the said Province, and without which
I am not to admit any person whatsoever into any publick office;
this I thought was very plain against the Quakers, but they
desiring me to look farther, I found the 52nd paragraph (for
the admission of Quakers upon their signing the Declaration of
Allegiance together with a solemn Declaration for the true discharge
of their respective trusts); whereupon I told the Gentlemen of
the Council that I thought it very plain by that paragraph that
it was the Queen's pleasure they should be admitted to sit and
vote in Councill, signing the Declaration, which they did, and
were admitted. They likewise signed the Declaration in a roll
by themselves, only altering the word (swear) to the word (declare),
thus that matter stands now, but I intreat your directions what
I must doe for the future; I must needs say that whoever it
is that has informed H.M. and your Lordshipps that the number
of Inhabitants fit to serve the Queen would be but small without
admitting the Quakers, either did not [know] the country or else
were not willing to own the truth they know, for it will appear
by the accounts I hope to send shortly of the number of the
inhabitants that the Quakers are much less in number then those
that are not Quakers; however, that they might not say, or think,
that I had any prejudice to them as Quakers, I have put severall
of them into the Commission of the Peace, if they approve
themselves good subjects to the Queen, I have noe more to require
of them. I hear since I came from thence that they doe not
like the setling the Militia, which I have begun and hope to
perfect in a short time, I mean the Quakers who would have noe
Militia at all, but the rest of the people are very well pleased that
they are like to be put into a condition to defend themselves,
which they have not been yet. At Burlington the first thing
we proceeded upon was to settle some Courts, and in order to it,
I asked the Gentlemen of the Councill what Courts they had
had under their Proprietary Government; they said that their
Courts were never very regularly setled, but such as they were
it was under this Regulation, first they had a Court for determining all causes under 40s., and that was by any one Justice,
and if either of the partys did not like the judgment of that
Justice, he was at liberty to have a tryall by a Jury, paying the
charges of the first suit, which I think was to render the benefitt
intended by the settling those Courts in effectuall; the next
Court they had was a quarterly Court, where the Justices of the
Peace determined all causes under 10l.; then they had a Court
which they called the Court of Common Right, where all Causes
both criminall and civill were heard and determined, and to
this Court [la]y an appeale from the quarterly Courts. This
Court of Common [Right] consisted of the Governor and Councill,
and if any man thought [himself] aggrieved by the sentence of the
Court of Common Right, then [he mig]ht appeal to the Governor
in Councill, which was apealing [from] to the same persons.
I told them I thought a Court for determining all causes under
40s. might be very usefull, but I thought it ought not to be [in ?]
the power of one Justice of Peace alone, but rather three, and
[tha]t the judgment ought to be definitive; this they approved
of, soe it is settled till the Assembly meets, when I will use my
best endeavours to prevail with them to settle it by an Act. Then
I told them I thought the Courts which sate quarterly in the
Province of New York were more regular then theirs, for there
the quarterly Courts are held each County by a Judge of the
Common Pleas and four Justices' Assistants, whereof three make
a Quorum, and the Judge of the Common Pleas, or the first
Assistant Justice always to be one, and this they likewise
approved of, and those Courts are soe setled by an Ordinance
of the Governor and Council, till your Lordshipps shall be pleased
to direct otherwise. I have appointed Sheriffs and Justices of
the Peace throughout the whole Province; and as I desired the
Gentlemen of the Councill to give me the names of such persons
as they thought proper to be put into the Commissions of the
Peace, and Militia, soe I indeavoured to choose out such among
them as, by the best information I could get, were the most likely
men to join with me in endeavouring to reconcile the differences
that have caused soe much disorder in that Province, and which
I am afraid will not be presently brought to passe, however I
doe assure your Lordshipps nothing shall be wanting in my
endeavours to perfect that work. I have already recommended
that matter to the Councill, and shall likewise doe soe to the
Generall Assembly, as soon as they meet, which will be Nov. 9, at
Perth Amboy. When first I acquainted the Council that the
Queen had by her Instructions commanded me to call a Generall
Assembly with all convenient speed, they were extreamly pleased
with it, but there arose some debate about the method of issuing
the writts, because some of them said the writts ought to issue
under the great seale of the Province, and there being noe great
seale yet come, that could not be, some were of opinion the
Proprietors' seale of West Jersey should be made use of, others
were for that of East Jersey, at last it was resolved that I
should issue the writts for this time under my own seale, reciting
the power the Queen has been pleased to grant to me under the
great seale of England, this was the only expedient could be
thought of to have an Assembly which they were not willing to
stay for till the seale should come. I hope I have not done
amisse in this matter, it was not of my own head alone I did it,
and it was intended for the service of the Queen and the Country.
I have quite setled the Militia of the Western Division, and I
have begun to settle that of the Eastern Division likewise. There
is noe fortification in all the Province, noe stores nor ammunition,
nor noe publick store-house, nor soe much as a house for a Gouvernor to reside in; I hope the Assembly will provide for that; as
soon as anything occurrs relating to that Province, I will acquaint
your Lordshipps with it. Signed, Cornbury. P.S.—Just as I
was going to seale up this letter, I am informed the people in
New Jersey are much disturbed at the limitation prescribed
in the qualifications of persons fit to choose and be chosen for the
Assembly, and indeed it will happen that some very good men
will not be chosen because the(y) have not 1,000 acres of land,
though perhaps they have six times that vallue in money.
Endorsed, Recd. Dec. 9, 1703, Recd March 27, 1704. Holograph.
5 pp. Edges torn. Annexed, |
1079. i. Abstract of preceding. 1 p. [C.O. 5, 970. Nos.
12, 12.i.; and (without abstract) 994 A. pp. 135–144.] |
Sept. 9. Whitehall: |
1080. Journal of Council of Trade and Plantations. Orders
of Council, Aug. 12, read. |
Letter from Lt. Governor Handasyd, May 23, read, and
enclosures laid before the Board. |
Duplicate of a letter from Col. Handasyd, May 30, read; but
no duplicate of the papers therein mentioned having been
therewith transmitted, the same are yet wanting. |
Letters from Col. Handasyd, July 5 and 7, read, and
enclosures laid before the Board. |
Letter from Governor Sir Beville Granville, June 16, read. |
Copies of letters writ by the Secretary to the respective
Governors of Jamaica, Barbadoes and the Leeward Islands,
Aug. 26, read. |
Letter from Lord Nottingham, Aug. 27, read, and the letters
writ by the Secretary thereupon approved of. [C.O. 391, 16.
pp. 203–206; and 391, 97. pp. 569–571.] |
Sept. 9. Boston. |
1081. Minutes of Council of the Massachusetts Bay.
4l. 0s. 6d. paid to Col. Daniel Peirce for expresses on H.M.
service. |
11l. paid to Major General Thomas Parry to complete his
expenses in a journey to Piscataqua. |
59s. paid to Col. Charles Hobby for expenses on 12 troopers and
30 souldiers from Hingham and Weymouth on H.M. service. |
839l. 2s. 2d. paid to Andrew Belcher, Commissary General,
for supplies to the garrisons and the Province galley. |
Upon a Representation of a difference among the inhabitants
of Lancaster about the manner of rayseing their minister's maintenance, ordered that for the present year they raise it upon
the improved lands and other ratable estate within the Town,
according to the rule set for the Province tax. [C.O. 5, 789.
pp. 536, 537.] |
Sept. 10. |
1082. (i) Freeholders, Widows and Orphans, late inhabitants of Port Royal to the Queen. Those interested in Kingston
have obtained with all the secrecy imaginable, two Acts, to
prevent the resettling of Port Royal and to invest H.M. in land,
which tend to the utter ruin of petitioners and the subvertion of
property etc. Petitioners petitioned to be heard before the passing
of the same by the Council, which was not only denied, but petitioners threatened to be confined. Signed, Pe. Beckford, Hu.
Totterdell, Noah Delaunay and 150 others. 2 pp. |
(ii) Merchants, Masters of ships etc. of Bristol concerned in
Jamaica. Port Royal hath always been and still is the most
safe and commodious harbour for shipping and seat of trade,
but the Town was by negligence burnt down Jan. 9, since which
laws are passed there obliging ships to unlade and merchants to
reside at Kingston only, which by former experience hath been
found inconvenient for trade and incommodious to the inhabitants. We are humbly of opinion that maintaining Port
Royall and your Majesty's Fortifications thereon is of absolute
necessity for a defence of that Island and the deserting or dismantling thereof would expose the harbour and thereby the
whole Island to the utmost danger of surprize by an enemy, and
that Port Royal for the safety of shipping and health of its
inhabitants doth far excel any other harbour or town in that
Island. 69 signatures. Endorsed, Recd. 14th, Read Sept. 16,
1703. 1 p. |
(iii) Petition of Peter Beckford, senr., Charles Knights,
Charles Sadler, Charles Chaplin, John Walters, and Francis Rose,
six of the Council of Jamaica, and Thomas Sutton, John Ellis,
senr., John Ellis, junr., Francis Bragg, Thomas Brain, Thomas
Cox, William Axtell, Hugh Totterdall, Wm. Needham, Robert
Needham, Thomas Freeman, and Richard Banks, twelve of the
Assembly, and 239 others, to H.M. After the Great Earthquake
in 1692, some persons taking advantage thereof and having houses
and land at or near Kingston about six miles from Port Royall
and designing to advance their own interests and destroy Port
Royal, did purchase land and sett out streets, markets and
other public places at Kingston, and obtained an Act of
Assembly to make Kingston a parish with the same priviledges
and immunities as Port Royal; but the owners of Port Royal
did notwithstanding rebuild that town (which stands most
healthy and convenient and advantagious for shipping and trade)
and disappointed the unjust designs of the said persons. Since
the burning of Port Royal, the said persons have most unjustly
obtained two Acts, by one of which it is enacted that the
owners of land on Port Royal shall have so many square feet
at Kingston as they had on Port Royal to be allotted to them by
Commissioners, and that the public offices and market should
not be kept at Port Royal, nor any wine or liquor sold there.
And by the preamble of the other, it is insinuated that Port
Royal was not a place tenable against an enemy, or to be
succoured from the Maine, and of no defence, for that ships of
war might pass through the Channell into the Harbour without
damage from the Port, and that altho' after the earthquake people
were necessitated to live at Kingston (which was for that
purpose made a parish with the priviledges of Port Royal) yet by
reason of the Fort, priviledges and some buildings remaining at
Port Royal people returned back and lived there and almost
dispeopled Kingston, and therefore that Port Royal should be
no more a town etc. The first of the said Acts was clandestinely
begun within two days after the fire and very unfairly obtained
by promises made to several persons (to stop their clamour and
opposition) that there should be raised 10,000l. for the poorest
of the sufferers and lands allotted to them in the best places at
Kingston etc., and when the Bill came up to the Council, great
endeavour and artifices were used to get a majority, and those
who protested and dissented did desire that the same might be
entred, and liberty to shew their reasons, but it was several times
refused. And one of the Council demanded to see anyone who
dared to be against the Bill. And in the middle of the debate in a
free Conference between three of the Council (of whom two were
for Kingston and one for Port Royal) and twelve or more of the
Assembly, it was proposed to put it to the vote, whether the Bill
should pass, which being opposed by the Councellor who was
against the Bill, yet was carried by vote and averred to be Parliamentary, and a question afterwards put, whether Kingston
was not the properest seat of trade for the whole Island, and
carried in the affirmative, which was the foundation of that Act,
against which some of the sufferers petitioned the Governor and
Council and were threatened to be imprisoned for the same.
Kingston is a very unhealthy place and the worst in Jamaica
and very inconvenient for trade and shipping, for if Port
Royal, which lies at the mouth of the channel, should not be
rebuilt, all the ships, harbour and port of Kingston would be
exposed to an enemy, and there is no place fit to build forts unless
Musketo Point, which is a point of land betwixt the sea of the
harbour, and a stinking, standing lake of water, and has not
ground enough in breadth to build a fortification, and so spungy
that a pike may be run up to the butt-head in the firmest part
thereof, and no water within five miles nor inhabitants within
3 miles, nor people enough within 7 miles to man it. And if
Port Royal be not rebuilt, an enemy may without any loss
possess Kingston Harbour and by boats and sloops land men
where they please, east or west of Kingston, and within two
hours get windward and burn the ships at Kingston and land
men and march to the town, and not come near any fortifications,
or may, as soon as the land breeze comes, sail up the channel
and destroy all the ships and town of Kingston, and may at all
times with a very few ships lie in Port Royal Harbour and block
up and keep in all the ships at Kingston, where the Fresh water
is very unwholesom, and the town commanded almost all round
by an higher ground, and to secure it against an enemy a line of
14 miles must be drawn, which will cost more than Jamaica is
able to pay, and require ten times as many men as are there to
defend it, and is situated between a great swamp or morass of
standing, stinking water and the Rising Sun, and the Trade
Winds blow noisome smells from the ships, swamps and mangroves, and continual clouds of dust that the inhabitants cannot
endure their houses nor walk in the streets, and soon after the
building of Kingston and the Earthquake, a multitude of people
dyed there, and many saved themselves by removing to Port
Royal, tho' there was not then near houses sufficient to receive
them, and 'tis the worst place for shipping sloops or other
vessels to fit or careene, load or unload, or gett in or out. And
Admiral Benbow (who was prejudiced against Port Royall and
the Commanders there) did remove his ships from Port Royall
to careen at Kingston, but finding the same impracticable and
workmen not able to work above half the time, as they do at
Port Royall, and that if a strong breeze had hapned (as sometimes it does for 3 months together), the workmen could not
work at all, he was forced against his will to bring back his ships
to Port Royal. Port Royall hath cost the inhabitants a vast
sum of money to make a strong wall before it, which is an
extraordinary fortification, and the ships lye leeward to the East
and Trade winds, and the wall stands without a crack or breach
against six months' violent winds of late. And tho' a ship or
two of an enemy may, with great difficulty get into the harbour
by the South channell a mile from the Port, yett a small platform
att a little charge may be built upon the side of Salt Pond Hill,
and manned from Spanish Town, which would sink any such
ships, and in time of war all our ships in Port Royal are haled
in a line close to the harbour side, so that the enemy coming
from Windward falls to Leeward of our ships, and lyes obnoxious
to our fireships, which are always kept for that purpose. Nor
was it possible for an enemy, tho' masters at sea, to take Port
Royal without landing a sufficient force to conquer the whole
Island. For should that have been attempted, the enemy would
certainly have lost all their ships and men. And Port Royal was
and is the only fortified place, and the like could not be made for
100,000l., and is the most healthy place in the Island etc. Since
those unreasonable Acts passed, several hundred of the ablest
seafaring men and traders have left the Island, rather than settle
at so unhealthy and inconvenient a place as Kingston; and
it's to be feared that many more will do the like etc. Pray that
the aforesaid Acts may not be continued. Subscribed, |
(iv) H.M. is pleased to referr the above petitions to the Council
of Trade for their opinion. Signed, C. Hedges. Bath, Sept. 10,
1703. The whole, 1½ large pp. [C.O. 137, 6. Nos. 3, 3.i.–iii.] |