|
Dec. 21.
New York. |
74. Governor Lord Cornbury to the Council of Trade and
Plantations. Though I dispatcht the Benjamin on the 14th,
yet the south-westerly winds have detained her here still, therefore
I take this opportunity to inform your Lordships that this afternoon I received information from East Jersey that Col. Andrew
Hamilton had very lately held a meeting or Assembly in
East Jersey, which he calls the Governor of East and West New
Jersey assembled in Council; in this Council so termed he has
thought fit to receive several petitions and to make several orders
upon them; he has ordered a tract of land be assigned to
Lewis Morris, Esq., in consideration of his services when in
England. And he has ordered that the Quit-rents due by Morris
to the Proprietors for several tracts of land be allowed him.
I am told in a day or two I shall have a full account of the whole
matter. Signed, Cornbury. Endorsed, Recd. Feb. 5, Read
March 8, 1702 (1703). Holograph. 1 p. [C.O. 5, 1048. No. 6;
and 5, 1119. pp. 411, 412.] |
Dec. 21.
Whitehall. |
75. Journal of Council of Trade and Plantations. Report
to H.R.H. the Lord High Admiral, relating to convoys for
Virginia, was now agreed. |
| Dec. 22. |
Above report signed and sent to Mr. Burchett. |
|
Two Memorials from Mr. Thurston laid before the Board.
Mr. Thurston and Capt. Powel, attending, were called in.
Capt. Powel's account was discussed with him by the Board,
and observations made upon each article (enumerated). |
| Dec. 23. |
Letters from Lord Cornbury, Sept. 29 and Oct. 1, read. Their
Lordships resolved to take these and others laid before them,
Dec. 3, into consideration on the first opportunity. |
|
Ordered that all Acts of the General Assembly of New York
past during the Government of Lord Bellomont and
Captain Nanfan, which have not been either confirmed or repealed
by the late King or her present Majesty, and upon which the
Lord Cornbury has yet made no remark, be referred to his
Lordship to be considered by him in Council at New York;
and that he be desired accordingly to report his own and the
Council's opinion upon them. |
|
Memorial of Richard Wibert and Shadrak Walton, read
Ordered that a copy be sent to Col Dudley that he may enquire
into the matter etc. |
|
Memorial from Mr. Wharton, in answer to letter of Dec. 17,
read. Ordered that a copy of the Maryland Act for the establishment of Religious Worship in that Province, and for the
maintenance of Ministers, be sent to Mr. Eccleston and Mr. Wyoth
according to their desire. [C.O. 391, 15. pp. 331–336; and
391, 96. Nos. 205–207.] |
| Dec. 21. |
76. Proposal for the Distribution of Prizes and Booty that
shall be taken in the West Indies. H.M. to have two-thirds of
the whole, except after deducting the tenths for the Lord High
Admirall, of all prizes taken at sea. The remaining one-third to
be divided into 16 parts, between the Admiral and General at
hand equally 3/16th; Vice-Admiral and other General Officers, 1/16;
Cols., Lt.-Cols., Majors, Capts. at Sea and Land, Lieutenants at
sea and land, and Ensigns, 4/16; the rest of the non-commission
officers at sea and land and the seamen and soldiers, 8. Endorsed,
Recd. from Mr. Burchett, Dec. 21st, 1702. [C.O. 318, 3. No. 6.] |
Dec. 22.
Whitehall. |
77. William Popple to Josiah Burchett. Enclosing following
Report to be laid before H.R.H. Annexed, |
|
77. i. Council of Trade and Plantations to H.R.H. the Lord
High Admiral. Having considered the Petitions of the
Merchants of London, and of the Western Ports, trading
to Virginia and Maryland, and having at several times
heard the said Merchants together with some planters
and inhabitants of those Colonies, we humbly offer
that the trade of those Colonies, as well in relation to
H.M. Revenue as to the vent of the manufactures of
England and the returns in tobacco, does deserve a
most particular regard. And being informed that at
least fourscore ships are now lying in the rivers of
Virginia and Maryland, and that the like number will
be ready to go out from the several ports of this Kingdom
in January next, with the manufactures of England,
for the present supply of those Colonies, we humbly
conceive it highly requisite that a convoy of good
strength be appointed to sail from the Downs by the
end of January next with directions to call at the Chief
Ports between the Isle of Wight and the Lands End
for the merchant ships bound for those parts, and that
the said convoy be ordered to return from the Cape of
Virginia by the 1st or 10th day of July at the farthest
bringing with them to England such merchant ships
as shall be then ready to saile. This convoy the
merchants concerned do desire may consist of four or,
five ships. And whereas some considerable merchants
of London have represented to us as necessary that
another convoy of the like force be sent to Virginia
and Maryland about the beginning of July next with
a fleet of merchant ships intended to sail about that
time, for the further supplying of those Colonies with
necessaries, and bringing away the product of those
parts, we likewise humbly conceive such a convoy
requisite for that service, to sail at that time, or at the
latest about the beginning of August, and return from
thence about the beginning of April following, to bring
home that year's crop; which convoy may either
remain in the Rivers of Virginia and Maryland, or be
ordered to cruise during the winter season off of Barbados
and the Leeward Islands, or elsewhere within the Tropics
for the security of the Trade of those parts, in such
manner as your Royal Highness shall direct. The
necessary service of this year being taken care of, it
will only remain that a convoy be sent from England
to Virginia once a year during the war, the time of
the departure whereof will be determined by your
Royal Highness as the circumstances of that trade shall
hereafter require for the furnishing those Colonies with the
manufactures of England, and bringing away in like
manner the product of those parts, without which
seasonable provision of convoys, the Colonies of Virginia
and Maryland may be necessitated during the war to
turn their industry from the trade of tobacco (so
beneficial to England) to the producing of European
manufactures, or to desert their plantations, which
being of such fatal consequence to our trade, ought to
be prevented by all possible means. Whatever resolutions your Royal Highness may think fit to take in
this matter, it will be necessary that the same be
immediately signified to the Governors of Virginia and
Maryland by two advice-boats to be sent thither with
the greatest speed, and that the said Governors be
further enjoined by their Instructions from H.M. to
take care that no ships sail out of the Capes otherwise
than under convoy. Signed, Weymouth, Dartmouth,
Robt. Cecill, Ph. Meadows, Wm. Blathwayt, Jno.
Pollexfen, Mat. Prior. [C.O. 5, 1360. pp. 347–350.] |
| Dec. 22. |
78. Account of money received by Mr. Thrale on account
of the Four Companies at New York, since April 1st, 1702. Recd.
at Lord Ranelagh's office 2,610l. Remitted per bills to New York
at 30 p.c. advance 1,950l. 17s. 6d. Subsistance paid to
Col. Ingoldsby etc., 502l. 2s. 6d. By my Agency, 20l. 15s. 6d.
As to clearings or offreckonings nothing hath bin received at the
Pay Office since my being Agent to the Lord Cornbury. As to
cloathing, none hath bin sent by the Lord Cornbury's Agents,
but the last that went was sent by Mr. Champante,
Lord Bellamont's Agent. Signed, Jno. Thrale. Endorsed, Recd.
Dec. 22nd, Read Jan. 4, 1702. 1 p. [C.O. 5, 1048. No. 7.] |
| [Dec. 22.] |
79. Memorial from the People of the Bahamas to the Council
of Trade and Plantations, containing Articles against Elias Hasket,
their late Governor. Nassau, Oct. 5, 1701. Endorsed, Recd from
Mr. Graves, Dec. 22nd, 1702. Read Jan. 14, 1702/3. 7 pp. Duplicate
of Cal. A. & W.I. 1702. No. 547. [C.O. 5, 1262. No. 14.] |
| [Dec. 22.] |
80. Copy of Address of the People of Providence, desiring
Ellis Lightwood to take the Government upon him in the room
of Capt. Hasket. 120 Signatures. Endorsed as preceding.
Duplicate of Cal. A. & W.I. 1702. No. 1042, viii(a). 1 p.
[C.O. 5, 1262. No. 15.] |
| [Dec. 22.] |
81. Account of the illegal tax of braziletta wood and other
exactions and extortions imposed on several inhabitants of
Providence by Capt. Hasket. Endorsed as preceding. 45 items.
Total value, 1,193l. 11s. 6d. 2¼ pp. [C.O. 5, 1262. No. 16.] |
| Dec. 22. |
82. Account of Wm. Churchill the stationer. Oct. 1–Dec. 22,
1702. Total, 16l. 4s. 10d. Endorsed, Recd. Read Feb. 17, 1702/3.
1 p. [C.O. 388, 75. No. 66.] |
| Dec. 22. |
83. Journal of Assembly of Barbados. Lt.-Col. Thomas
Maxwell was chosed Speaker. An answer to the President's late
charge was agreed upon. The President asked the Representatives to wait till there was a Council, and recommended
to them the care of the soldiers newly arrived. The House
conferred with the superior officers of the land forces, the Speaker
informing them of the readiness of this House to take all possible
care for refreshing and providing for the present forces arrived,
but at this time the Island was under such great necessities for
want of foreign salt provisions, as well as other provisions as
have been here usually produced, that it was impossible to answer
their expectations in so high a measure as they desired. However, that this country may not be thought remiss in their duetye,
and to manifest their willingness and hearty desires to do what
possibly the Island at this time of scarcity is able for the quartering
and billeting of the forces now arrived. The Officers declared
that they were in very great want of provisions by reason of
their being suddenly ordered into these parts on H.M. service
from Cadiz without any further stores or recruits, then what
was then on board, and desired the soldiers might be quartered
or billeted on shoar to ayre them, and recover their healths. |
|
Resolved, that the soldiers be billeted upon the inhabitants
and that each private soldiers be allowed 6lb. of beef or fish per
week. |
| Dec. 23. |
Arrangements made for billeting the 2,800 men on the several
parishes. Bill ordered to be prepared accordingly. |
|
Petitions of Charles Thomas and Nicholas Baker referred to a
Committee. |
|
Bill for the present accommodation of H.M. forces read and
passed. The House attending on the President and Council,
Mr. Speaker read the answer to the charge of the President and
Council, and upon their return ordered that a copy might be
delivered to the Clerk of the Council, if demanded:—"T' was
with no slight dissatisfaction that we heard your harsh interpretations of our well meant words and well intended actions.
We presume we need not be told, for we sufficiently know and
are heartily thankful for our present true English establishment,
as well in Church as State, and believe therein Prerogative and
Privilege are so well and wisely blended that it can neither be
the true interest of the Prince or People to subvert or invade
either of them, and believe also that whosoever shall endeavour
to alter the present happy temperament either by carrying
Prerogative higher or running liberty lower are equally enemies
to our present Constitution, for if it were left to our option, wee
would not have Prerogative less, because wee could not have
our liberties maintained; nor would wee have priviledge lesse
because wee could not be secure from tyranny and oppression,
if a bad Prince should come to the Throne, for wee are of opinion
that they mutually support and maintain each other. We
question not (now) either the sincerity or diligence that your
Honour or the Honble. Members of H.M. Council have used
in the dispatch or promotion of things for the public good, because
recrimination is not our business, but can avow with truth that
the not making a quorum of our House and other quick adjournments have often been due to indeclineable circumstances. How
ungrateful it was to your Honour and with what irksomness
you undertook the trouble to tell us in a sett speech that we
dishonoured our gracious Queen, disparaged her Government
and lessened her authority, we know not, but you may be assured
it was very unpleasant to us to hear, when as thro' the whole
course of our lives our actions have been a continued manifesto
(even to the most malicious) of our strict loyalty, and we do
now declare that we abhor, detest and abjure all persons and
things that look that way. We have also lookt back (according
to your Honour's advice) into the past and cannot find upon
the nicest scrutiny anything therein of that complexion. As
to the Bill for taking up and fitting of vessels of war, we humbly
conceive we shall not appear, to dispassionate and disinterested
men, in those ugly colours your Honour was pleased to draw us in.
After we had resolved upon taking up vessels and raising men
for that purpose (which we did without the least hesitation) we
fell upon consideration of ways and means, our Treasury being
then altogether out of cash, in which we met with some almost
insuperable difficulties, for we considered then that money to
arise from any tax to be laid de futuro could not possibly be
collected near so soon as the importunate exigence of our affair
called for it, therefore thought upon giving encouragement by
a Law for the present advance of money by loan for that use,
pursuant to which we had conference with several gentlemen
upon that subject and spent a great deal of time in persuading
them to the terms (which were hard enough) mentioned in that
Bill, with which we immediately waited upon your Honour in
the Council Chamber, with the accustomed formalities, where
our Speaker delivered the Bill and each member all the while
standing and bare, which are tokens of our inferiority. Mr. Speaker
did by command from the House give your Honour to understand that we could not consent to any alterations in that Bill
and that it must pass as we brought it in or want the money
(now your Honour may please to consider that this is a disjunctive
proposition) for the speedy equipping out vessels, which if we
did, the evil consequences thereon would be chargeable to your
Honour, and that we must thereby be forced to dismiss the
vessels, and that we would adjourn our House, having no other
business of moment before us. Upon which a member of H.M.
Council told us we came and popt a Bill upon them, which we
took to be a treatment as unsuitable to a gentleman of his
character to offer as for men in our post silently to take, and
therefore by our Speaker signified the dislike of that expression,
because it seemed to insinuate that we were about to use some
trick or legerdemaine to betray your Honour and Council into a
consent to that Bill soe formed. We can't believe that by
pressing your Honour to pass that Bill without alteration, we
gave the least shadow of a just suspicion that we intended to
impose either upon your loyalty or understanding, or went about
to usurp a dominion or superiority over you, and soe invest the
order of Government. We suppose it only demonstrated the
almost irresistable force we were under from the pressure of our
affairs, and the inflexibility of the lenders. You may with as
much truth infer that the Gentlemen we treated with for
the loan were guilty of as high an usurpation upon the Assembly,
for saying we must pass that Bill to their satisfaction, or want
the money; that we afterwards consented to the amendments
you made in that Bill, shewed evidently that it was force not
choice that did before determine us. We hope to make your
Honour's heavy charge against the Speaker to arise from your
misprision of our meaning, and some undue and illogical inferences,
the Assembly being apprised (by several) of your Honour's
purpose to send a flag of truce with the French prisoners to
Martinico, and that a gentleman almost unknown to most of us
and a non-resident here (who is a profest Papist) was chosen
for that service, we considering the evils that might probably
surveen thereon, to this Island, thought it our duty to wait
upon your Honour and humbly supplicate you not to employ
that person in that affair, and to accept of a gentleman that we
recommended; to which your Honour replied, with some seeming
dissatisfaction, that you had already made some steps onward
in that affair, and made some entries in the Council book, and
appeared not very willing to alter your resolutions, saying, we
would in a small time sue possibly for another change, and to
expect upon every slight and trivial occasion to move your fixt
conclusions, to which Mr. Speaker then rejoined that it could
not be easily thought that whatever the whole representative
body of the Island should addresse for, should be slight; that
we lookt upon ourselves to be the great Council of this Island
and that we were chosen by the general suffrage of the freeholders from every parish to represent them, and that we were
as watchmen set to observe carefully any danger tho' distant,
that seemed to threaten this people, and humbly to admonish
(or if that would displease) to advertise you thereof that you
might timely provide against it. |
|
Now we conceive that your Honour is well pleased with our
appearance before you as supplicants to prevent a further danger
to the inhabitants, whom we represent, therefore conclude you
lay the whole stress of the charge upon asserting ourselves to
be the Grand Council. To suppose us to mean by that expression
that we were superior to your Honour in dignity and had a
paramount to, or conercive power over you, was to think us in a
lunacye, that rendered us fitter for Bedlam than an Assembly,
so that we could not in a sound sense mean otherwise than that
we were the Great Council in respect of numbers, in which sense
we suppose that the Representative body of the people of England
in the House of Commons are often called the Great Council of
the Nation, and in this sense also, for other construction it will
not bear, we may say without being thought disaffected to the
present establishment, that of the two Houses of Parliament,
the lower is the greater. That we are a Council, we presume
will be allowed, because your Honour's writ calls us to advise etc.
Upon hearing these reasons, we expect your Honour will not
think our late proceedings seem inconsistent with H.M. honour
and power, or subversion of her Government or invertion of the
order and regular subordination of it. Good God! Did we
even so much as dream that we should be charged with want
of allegiance ? From the unparalleled invasion of H.M.
Prerogative which you lay to our charge for equipping etc. vessels
of war, we hope as fairly to clear ourselves as from the former
thundring and black accusations. We must confess that the
urgency of the thing, and the recess of your Honour and Council
at that time, enforced us to act singly some preliminaries only
in that matter, which we would not otherwise have done but in
conjunction with you, or at least with your levity, if the thing
would have borne delay, and for this hastye proceeding we did
at our next attending your Honour show the reasons, with the
which we thought you then rested well satisfied; for after that
we carried on the concern jointly without any disagreement.
It might be considered also that we entered upon this matter
at your Honour's instance and solicitation. We acknowledge
no deference due from us to H.M. Council here more than that
which civil respect and reason, not duty, exact, for we are one
of the constituent parts of our Legislature here, and though
subordinate to, yet independent on the Council, and enjoy a
negative voice equal with them. And now hope your Honour
will not think that our proceedings have dishonoured our gratious
Queen. The other part of our charge, viz., the neglect of the
people's welfare, you deduce from two causes, our seldom making
a Session of our House and our speedy adjournment when made.
We cannot plead altogether not guilty, but many of our failures
were due to inevitable accidents, viz., sickness, death of relations,
lameness of horse etc., and you may please also to remember
that our quorum is very great (15) in proportion to our number, 22.
Though we confess ourselves herein in some measure faulty, and
will endeavour a reformation, yet we think the reprehension a
little too rough, and believe that a soft reprimand had been better,
etc. The sense of gratitude for H.M. late righteous yet gratious
grant for the right application of the 4½ percent., which you
infer we want, we doubt not but our acknowledgments and
retributions hereafter (when we know the whole of the grant)
will evince us not to be faulty. We declare, as we have never
yet, and religiously resolve never hereafter to attempt the least
encroachment upon the prerogative of the Crown, or your Honour
and Council's rights, so also we resolve zealously to maintain
by all lawful means our rights and priviledges inviolate. It would
seem that we are not under such an infatuation as not to know
the danger of distempers in Governments and the folly of divisions
and heats in Councils, for whatever our resentments were, we
have now stifled them to show that nothing shall be wanting
on our part to restore a good understanding between us, which
is necessary as well for H.M. honour as our safety. |
|
Bill for raising a levy was read twice. |
|
The House adjourned till Tuesday three weeks. [C.O. 31, 7.
pp. 16–29.] |
| [Dec. 23.] |
84. Undertakers for raising Naval Stores in New England to
the Council of Trade and Plantations. Reply to objections
raised by their Lordships to the draught of a Charter now lying
before them [see Dec. 17]. (1) They will raise and import
masts, yards, bowspritts, pitch, tar, resin and hemp. They will
import (unless prevented by inevitable accidents) two ships
lading of masts, yards and bowsprits within two years after
the date of their Charter, each ship to contain 300 tuns at least,
and in every year afterward the same or greater quantities.
The trees to be used for making pitch, tar and resin, and the
ground for raising hemp requiring two years preparation at
least, they will import 500 tuns of pitch, tar and resin and 500
tuns of hemp, and as much more as they can, within 3 years
after the date of their Charter, and in every year after the same
quantities at least, and hope to import much greater. (2) They
are willing in this Charter to covenant with H.M. to import such
quantities of the stores above-mentioned, which together with the
stock of 20,000l. at least, which they have already offered to lay
out within three years, will be a sufficient security for their
performance of their undertaking, for when such a stock is
advanced and sent to the Plantations for raising such stores,
returns must be made, or that stock must lie dead there. (3) They
presume your Lordships intend by preventing stock-jobbing,
nothing more than to prevent the frauds practis'd in some former
companies in buying and selling their stocks, which, upon a
consideration of those frauds, and the nature of this undertaking,
will appear not to be practicable in this Company. Those frauds,
justly complained of, were practised by projectors and pretenders
to new inventions, where there was no real fund, but merely
an imaginary value, dress'd up and magnify'd by the artifices
of the first projectors and their accomplices; but the stock
subscribed and intended to be raised by the Undertakers is a
real stock, and it will appear by their books what money every
Member pays into stock, and what real interest he has to dispose
of, so that no man who desires to buy any shares can be imposed
on by the seller. The frauds themselves were practised in this
manner: in making contracts for shares at three months distance
at a certain price, and then raising or falling the price of their
stocks to answer the profit of the contractors, by a combination
with more of their Society. The Undertakers propose as an
effectual method to prevent this mischief, that a clause be inserted
in the Charter directing that all sales of shares shall be enter'd
in the Company's books within six days after the contract made,
and that the seller and buyer shall make oath before the Governor,
Deputy Governor, or any two of the Assistants, who may be
impowered to administer such oath, when the contract was
made, and that all other transfers shall be null and void. Signed,
Wm. Wharton, Agent. Endorsed, Recd. Recd. Read Dec. 23, 1702.
2¼ pp. [C.O. 5, 862. No. 142; and 5, 910. pp. 311–317.] |
| [Dec. 23.] |
85. Richard Wibird and Shadrack Walton, Merchants and
inhabitants of New Hampshire, to the Council of Trade and
Plantations, Sept. 170[0]. Wibird and Walton bought of David
Jeffryes, of Boston, 4 bags of cotton wool, which had been then
lately imported from Barbados to Boston in the Hopewell, John
Sunderland, Master. Upon the importation thereof, the Deputy
Collector [at] Boston gave a certificate that the same were lawfully
imported. In the same moneth said goods were sent from Boston
to Piscataqua in the sloop Speedwell. At Piscataqua the sloop
and all her lading was seized by Sampson Sheafe, Deputy Collector
and Naval Officer, under pretence of not having given bond
as the Act requires. Soon after, at an Inferior Court, he exhibited
an information against the said goods, and notwithstanding
the said certificate was produced and the sloop had only come
from Boston, yet the goods were condemned as forfeited. Whereupon Wibird and Walton appealed to the Superior Court, Feb. 10,
1701, where the judgment of the Inferior Court was reversed,
and a writ of restitution of the said goods ordered and made out
to Sherif or Undersherif. James Levit, Undersheriff, accordingly
demanded delivery of the goods, but Sheafe refusing, the Undersherif seized him, and was carrying of him to gaol, as the writ
directed, but as he was so doing, called in at a house where William
Partridge, Lt.-Gov., was, who told him if he would let Sheafe
goe with him, he would see him forthcoming the next morning,
which the Undersherif consented to do. Thereupon the Lieut.
Governor took Sheafe to his house, where he tarried all night.
Next day the Undersherif coming to demand his prisoner, the
Lt.-Gov. told him he was none of his prisoner, and if he offered
to take him, Sheafe might break his head; so that the Undersherif was discouraged and prevented from keeping Sheafe in
custody, and Wibird and Walton disappointed of the benefit of
the judgment of the Supperior Court. When Wibird (who is now
in town) came from Piscataqua, the said bags of cotton-wool
were in the warehouse of the Lt.-Governor. Tho' the sloop and
lading, which consisted of divers goods belonging to other persons
was seized on the aforesaid pretence, yet all the said goods were
discharged, except the said cotton-wool. The said Deputy
Collector is considerably indebted to and under the influence
of the Lt.-Governor, and so durst not deliver the goods, and the
Undersherif being and officer under the Lt.-Gov. and fearful of
displeasing him, and the said Lt.-Governor having conceived a
great prejudice against Wibird and Walton, has occasioned
this seizure and deteiner. Pray their Lordships to examine the
matter and represent it to H.M. Signed, Richard Wibird,
Shadrack Walton. Endorsed, Recd. Read Dec. 23, 1702. 3 pp.
[C.O. 5, 862. No. 141; and 5, 910. pp. 305–310.] |
| Dec. 23. |
86. Minutes of Council in Assembly of Barbados. 279l. paid
for matrosses' salaries to Samuel Goodwin, Gunner, of Charles
Fort. Ordered that, for the future, no servant shall be employed
in such service. |
|
55l. paid to William Kipps, gunner of Willoughby Fort, for
salary of himself, mate and one matrosse. |
|
40l. paid to Richard Baynes, gunner of James Fort, for salary
of himself and one matrosse. |
|
55l. paid to John Karvis, gunner of Ormand's Fort, for salary
of himself and two matrosses. |
|
Petition of Lt.-Col. George Peers for payment on account of
the Constant Jane referred to the Assembly. |
|
84l. 4s. 9½d. paid to Edward Arnell for hire of men etc. for the
flag of truce with the Spanish prisoners to Trinidado. |
|
Payment ordered to the Commissioners of the Leeward
fortifications, on account of John Heywood, Francis Clinton,
John Merrick. |
|
Petition of Lt. Cæsar Brooks for a trial, granted. Commission
issued. |
|
116l. paid to John Thomas, gunner of Orange Fort, for salary
of himself and two matrosses for two years, and 180l. for the
salary of 12 matrosses. |
|
Petition of Sarah Leland, widow and executrix of William
Leland, for 21l. 6s. 3d. due to him for work done on the Leeward
fortifications, granted. |
|
Petition of Margaret Stockdale, widow and executrix of
George Stockdale, for 12l. 16s. 3d. due to him for entertaining
the Commissioners of the Leeward fortifications, granted. |
|
The Assembly attending, the Speaker presented a Bill for the
present accommodation of H.M. forces arrived in the ships of
war under Commodore Walker. He moved the Board that all
possible care might be taken to prevent the enlisting any of
the servants of this Island by the officers of H.M. forces here,
and that the said forces might goe on action as soon as possible,
and that some of the men of war might cruise to windward to
guard the coast and protect our ships coming in. The Speaker
then read a paper in answer to the President's Speech. The
President desired a copy, and the Speaker replied that he must
first ask leave of their House. |
|
The President acquainted them that the Hon. William Sharpe
and Patrick Mein, who had undertaken to provide for the reception
of the Governor and the Earl of Peterborough, thought that
100l. would be too little to entertain persons of their quality,
and that would reflect on themselves and the whole Island,
and therefore desired that more might be allowed or themselves
excused. |
|
At a Council of War held this day by the President and Council
together with the Commanders of H.M. ships of war and Officers
of the Land forces, it was proposed by the President and Council
that it would be for H.M. service and the protection of the Trade
of this Island, that some of the ships of war now here should
cruise to windward of this Island. The Officers answered they
could not hope to do the country any considerable service, they being
heavy ships, unless they could be assisted with some light and
nimble vessell, like the Larke, which they desired they might
have out with them. The Board answered that she had neither
men nor provisions, and that there was no money in the Treasury
to equip her. They said they would acquaint the Commodore.
Some time after the Council of War broke up, they did acquaint
this Board that (considering what great advantage the said
vessel would be in that service) they would man and victual
her themselves, which the President and Council highly approving,
thought fit to acquaint the Assembly therewith. The Assembly sent
the following unexpected answer:— Ordered, that the brigantine
Larke be permitted to be employed in the service of the country
under the command of Commodore Walker on condition that
good personal security of some of the inhabitants of this Island
in 2,000l. sterl. be given to return her in a month in as good
order and condition as she now is in, and that she shall be
employed only to cruise in the latitude of this Island, for preservation of our trade, and that whatever prizes shall be taken by her,
shall be to the captors' advantage wholly. |
|
After considering of which, this Board, being fully convinced
how servicable the said vessel (which now lies useless and spoiling)
may be to this Island, do desire the Commissioners to meet and
let the Commodore have her for H.M. service and benefit of this
Island, during their cruise to windward thereof, he manning
and victualling her as before is proposed. |
|
The Bill for the present accommodation of H.M. forces was
read three times and passed. Ordered that Vestries be summoned
to meet on Saturday next in order to provide for the billeting
accordingly. [C.O. 31, 6. pp. 328–336.] |
Dec. 24.
Bermuda. |
87. Lt.-Governor Bennett to [?the Earl of Nottingham]. A
vessel lying off this place at sea and bound to Nevis, having sent
her boat in here for some refreshments, gives me this opportunity
of acquainting your Lordships that I have received your Lordships'
pacquetts of May 7, with H.M. Declaration of War, which I
published upon receipt of the first, which was Sept. 3. But
I have not any orders to proclaim the Queen, and upon consulting
the Council it was thought advisable soe to doe, and accordingly
H.M. was proclaimed Sept. 28. On Sept. 13 early in the morning
appeared off from the west end of these islands ten French ships,
two whereof stuck on the sholes. but one (contrary to all
expectation) gott clear, but it's believed she sunk soon after,
having leaveled the sholes for a quarter of a mile, and several
pieces of her keel and sheathing have been taken up, but the other
remains a wreck, and all the people that were on board (being
57 in number) came on shoar in their boats. Depositions enclosed.
Heding was a prisoner on board and belonged to New York, to
which place I sent him to acquaint my Lord Cornbury of the
designs of the French. I presume your Lordship has had his
account before, I having taken care to transmit it to most of the
Plantations in the West Indies, especially to every one mentioned
therein. |
|
My Lord, here is a gentleman amongst us whose name is
Mr. Larkin (who was sent abroad to regulate and settle Courts of
Admiralty, of whom I gave some account, Sept. 5, directed to
Mr. Secretary Vernon, not knowing your Lordship had then
accepted of that office). This gentleman espoused a discontented
and disaffected party (viz., those persons that were employ'd
in the Government in my predecessor's time), who were very
troublesome to me when I first came, but in some time were
all quieted till Mr. Larkin arriv'd, for after some short show of
complisance, he deserted and despised me (for what reason I
know not), and has constantly consulted, advised and caball'd
with those people, which has made such distractions amongst
us, that several of the inhabitants have resolved to leave the
Island, and remove to Carolina. His pride and vanity, my Lord,
has run so high as to say publickly at a Chancery Court to my
face that he was equal in Commission to me, and has reported
he doubted not but to turne me out of the Government and be
in that post himself. He also owns that he is an opposer of
Governors, Government and Country for the sake of his party,
and for his personal behaviour to me, it has been soe unmannerly
and with that contempt as if I had been a private man here
sent under punishment from Newgate. This and more than is
possible to be believed, I will acquaint your Lordship of in my
next, and send sufficient vouchers with it. I know this gentleman
has wrote against me by one Capt. Jones, who I found Sheriff
here at my first coming, but upon many articles that were prefer'd
against him by the Assembly (together with his unmannerlyness
to me) I long since suspended him, since which he has been
indicted and found guilty of perjury and several other crimes
and misdemeanours, and is now under fines to H.M. for the same,
and also is indebted by his accounts when Sherrif; and this
person also Mr. Larkin espoused, and gives him assurance of a
reinstatement in his employment, and in order thereunto, and
to free him from the inconveniencys he was under here, did directly
contrive and assist Jones in running away with a vessel to
Carolina, and I presume, before this arrives, has brought your
Lordship a pacquet from Mr. Larkin. That I have here hinted
att I'le make very plain (with additional crowds of complaints)
in my next, and if he can be justified, as he says he's sure he
shall, against all his insolences and abuses, and contemning and
despising Government, by owning himself an opposer of Governour
and Government, with submission noe Gentleman can come
abroad in my post, unless he leaves his honour att home. What
he has wrote against me, I can't imagine, but it will be very
demonstrable in my next pacquet, which I am preparing, that
I have given noe cause to the country to complain, but I have
seen soe much of that gentleman, that he will leave nothing
uninvented to hurt me. Therefore, my Lord, as I served in the
Army both by sea and land all the last war and in the post I am
now in I hope and think without reproach (till Mr. Larkin attack't
me), soe I doubt not but upon examination to preserve a clear
reputation, notwithstanding all the malice and contrivance
that that gentleman and his party can invent against me, and
what I humbly g[b]egg is, that I may not suffer in H.M. opinion,
nor your Lordship's, till my letters arrive, or time given to answer
what is or can be found against me; and as to the best of my
judgment I have with all diligence, fidelity and integrity
discharged the trust reposed in me as Governor, soe I desire to
stand any charge to the contrary, under the penalty of my life.
It is very hard (my Lord) that after taking soe much pains (which
I did with pleasure) to repair the fortifications (which when I
came were as if demolished), and to teach the Militia the use of
their arms (who are now expert) and have by my care reconciled
and brought into method a people who had lived several years
not only discontented amongst themselves, but frequently
troubling the Lords Commissioners of Trade with their complaints, and having composed all these differences, and brought
this country from a scandalous mean character abroad, to be a
people of reputation amongst our neighbours; I thought I had
nothing to doe but please myself in the quiet administration
of the Government from any intestine matters worth taking
notice of, but instead of this I am affronted both in my public
and private capacity, and, my Lord, this Gentleman's indignities
have been so great, that humain nature has flown in my face
for reparation; and all he has acted (and in some cases against
the Crown) he still flys to his Commission for shelter, thereby
scorning and defying all Law to hurt him, to the great abuse
and reproach of that Prince's favour who sent him abroad. I
doubt not but Mr. Larkin has given a large account relating to
the value of the French vessel that's cast away, but as to that, the
Officers' depositions will show that she had nothing in her but
82 tuns of logwood, half of which I have got up by divers, and
other great expenses I have been att in endeavouring to save the
ship, but to noe purpose. In one of your Lordship's letters,
which I recd. by the way of Carolina, Dec. 10 last, there is a
paragraph that directs me to send the other letters respectively
as directed, but there were none enclosed, neither did any come
with it to me. Forgive me for so long imposing on your patience
with my troublesome complaints, which I hope will be the easier
pardoned by your goodness, if your Lordship would please to
consider how absolutely necessary for my safety and defence it
was, to relate something of my unhappiness; and to have said
nothing might have created a censor of my being guilty of what
Mr. Larkin has sent against me, well knowing Sir Charles Hedges
is the Gentleman he depends upon, at which I am not uneasy,
for I am convinced of his goodness and honour, and that he will
not injure me wrongfully etc. Signed, Ben. Bennett. P.S.—I
presume your Lordship has heard of Admiral Benbow's being
dead of his wound in the thigh. Endorsed, R. May 21, 1703.
Holograph. 6 pp. Enclosed, |
|
87.i. Deposition of the Captain, Purser and Master of the
French shippe, Jane and Cornelious, cast away and
wrecked at Bermuda. Sworn, Sept. 21, 1702. In answer
to interrogatories by the Governor and Council. They came
from France, May 25, bound for the Havanna with two
French men of war of 50 guns each and 8 store-ships
for Admiral Châteaurenault, who was sent to the Havana
to convoy the Plate Fleet home to Spain. They left the
provisions at Havana, the Plate Fleet having departed
10 days before their arrival. There were no Naval
Stores in the wreck, but for her use, and no money
but what the people on board had for their private use,
but 184,252lb. of logwood as ballast, and no other
merchandize. They arrived at the Havanna Aug. 1
and left Sept. 8th, French style. The galloons had sailed
thence July 22—there were 15 or 18 of them, 22 men of
war, the Vice-Admiral [Châateaurenault] 72 guns, and
the others 50 or 60 guns each. Signed, Durivage Haret,
Deperigny, Helie Graton. 2 pp. |
|
87. ii. Copy of preceding. 3¼ pp. |
|
87. iii. Deposition of Lawrence Hedding, late mate of the
sloop Three Brothers of New York. Bermuda, Sept. 23,
1702. March 14, on passage from Jamaica to New York
in the night time fell in with the French fleet under
Admiral Châteaurenault, who took the sloop, took out of
her 10,096 pieces of eight etc. and searcht every individuall
person on board to a great strictness. Then they took
the men out of the sloop and separated them in several
French vessels, except deponent, Capt. Peroe and
another with several negroes, and put 10 French men
on board the sloop and carried her with the fleet to
the Havanna, March 29, holding them prisoners on
board till July 10. Then they gave the sloop with 25
negroes and her cargo to the Spaniards. Capt. Peroe,
who well understood French, informed deponent that
several of the French Captains did say that as soon
as the Plate Fleet arriv'd in France, the first thing they
intended to act in this winter was to take Jamaica and
Cura¸cao, and in the summer to take New York. Their
design to take New York was by bringing two ships in
sight only, and they'll make a waite under English
colours to decoy the pilot off, and if that not succeed,
then by sending boats on shore with Englishmen under
English colours to take persons off to pilot them in.
On July 13 the Plate Fleet departed from the Havana
being 24 Spanish ships and 32 French, whereof were
16 galloons or Spanish-built ships. The Vice-Roy of
Mexico in the Rear Admiral of the Spanish Fleet had on
board 60 chests of gold, 600 chests of silver, besides piggs,
sows [sous ?] and other plate on his particular account.
There remains a very few vessels in the Havana, and
them of little or no force; their forts or fortifications
by neglect much fallen to decay; their guns many
dismounted and useless, their carraidges rotten, their
guards consisting of about 50 men at most, their guns
about the walls, about 15, being not in a capacity to do
any damage. There is a small Fort with about 12 guns
to the westward of the town about two miles, with an
inconsiderable guard, another small fort to the eastward,
with the like quantity of guns and guards, both easily
to be surprized. An adviseable way of attacking the
Havana Town is between the said Forts, there being
several Bays which will admit of an easy landing.
Deponent heard the inhabitants say they were very
desirous that the young Emperor should come into
Spain, as they esteemed that Crown of right belonged
to him, and that they had rather be under the Government of the Emperor than of the French; and that
they had received letters from Spain that gave an
account, by the way of Carthagena, that the Dutch and
English were gone to Cales with a 100 sail of men of
war, 200 sail of store-ships, with 40,000 men, with
horses, field pieces and ammunition for taking that
place, and the Spaniard(s) much rejoiced at it, and
hoped success, for that the Crown of Spain did not
belong to the French. |
|
About Aug. 23 arrived at the Havana from Martineco
a small privateer sloop, who brought news that the
English were gone with 18 men-of-war to Hispaniola,
besides small vessels, and that they had taken Lugan,
and had been there 10 days landed before the said sloop
came to the Havana; and that Monsr. de Coist was to
come General over all the Spanish Coasts, and to view
all the Forts and Fortifications, and that he was to
land at Cuba, near the Havana, 10,000 men, and to
leave at the Havana 6 men-of-war to cruise upon the
Gulf. Signed, Lawrence Hedding. Copy. 2½ pp. |
|
87. iv. Copy of preceding. 2¾ pp. [C.O. 37, 25. Nos. 74,
74.i.-iv.] |
| Dec. 24. |
88. Copy of No. iii. supra. 4 pp. [C.O. 5,1084. No. 5.] |
Dec. 24.
Bermuda. |
89. Lt-Gov. Bennet to the Council of Trade and Plantations.
Mainly a duplicate of preceding letter to Lord Nottingham. If it
can be possible that Mr. Larkin should be justified in all his
insolent practises, no gentleman can come abroad in my post,
unless he leaves his honour at home. And pardon me if I presume
to conclude that his late Majesty did not intend to impower
Mr. Larkin to come into this Government and abuse me and
everybody, neither can I believe that it is expected from me
to suffer his insolences, for affronting me (especially when in
the chair) is flying in the face of him that sent me. It could not
be any advantage to me to differ with him, but much otherwise,
for if he had held his integrity as he began, our agreement would
have been of advantage to me in character when he returned
home, for I am sure he saw nothing here, both in Civil and Military
affairs, but what was reforming and improving. But in my
opinion his show of friendship at his first coming was only to
sound me, that he might the better know how to proceed for
his friends he was retained for in England, I mean Col. Day and
Judge Nelson. For I received him as one of my family and
left nothing undone whereby to show him respect and to divert
him in this poor little malancolly retirement. Therefore because
he could find no just pretence to fall out, he was constrained,
in order to prosecute his designs, to propose himself an open
enemy, which now he is with a witness, for he publicly gives
out that he doubts not but to turn me out of my Government,
and come into that post himself. . . . I have been informed
that when Sir Thomas Day petitioned H.M. for his son to have
liberty to come home with his effects, many unkindnesses were
alleged that he had received from me, and that Col. Day was a
close prisoner all that time; all which is upon my word directly
false, for I never denied him anything that I could justifiably
grant, neither was he ever a close prisoner, for when action was
taken out against him (which I could not contradict) the Marshal
by my order acquainted me, and time given him to find bail. I
beg that I may not suffer in your Lordships' opinions till I have
time to clear myself. Signed, Ben. Bennett. Endorsed, Recd.
21st, Read May 27, 1703. Holograph. 7 pp. Enclosed, |
|
89. i. Abstract of preceding. 2¼ pp. |
|
89. ii. Duplicate of above No. i. |
|
89. iii. Duplicate of above No. iii. [C.O. 37, 4. Nos. 17,
17.i.–iii.; and (without enclosures) 38, 5. pp. 382–389.] |
| [Dec. 24.] |
90. Mr. Champante's Account of the Subsistance and
Clearings of the Four Companies at New York, March 8, 170 0/1,
to Dec. 24, 1701. Endorsed, Recd. Dec. 24th, 1702, Read Jan. 4,
1702/3. 4pp. [C.O. 5, 1047. No. 81.] |
| [Dec. 24.] |
91. Mr. Champante's Account of his receipts and payments
as Agent of the Four Companies of New York, March 26, 1699—March 8, 170 0/1. Signed, J. Champante. Endorsed as preceding.
2 pp. [C.O. 5, 1047. No. 82.] |
| [Dec. 24.] |
92. Mr. Champante's Account of Offreckonings and Cloathing
during his Agency to the Forces at New York. Signed and
Endorsed as preceding. 2 pp. [C.O. 5, 1047. No. 83.] |
Dec. 24.
Boston. |
93. Minutes of Council of the Massachusetts Bay. H.E.
acquainted the Council that the dispatch of the store-ships with
provisions for the supply of H.M. forces in Jamaica had retarded
his journey to Piscataqua, but in few days intended to set forward,
and desired Penn Townsend and Nathaniel Byfield of the Council
to accompany him hither, he having received advice that some
of the principal of the Eastern Indians had a desire to speak
with him and were about coming to Boston in a sloop of
Capt. March's, Commander of H.M. Fort at Cascobay; but he
had written a letter to prevent their coming hither and to direct
their waiting upon him at Piscataqua, where he expected to see
them. H.E. said that he had employed two of the Eastern
Indians to give him secret intelligence from time to time of the
Indians' motions, and that they would expect some gratification
for their service. |
|
Accounts of the Province galley referred to a Committee. |
|
Ordered that the Treasurer advance to the soldiers in garrison
at H.M. Castle on accompt of their wages, in clothing, at the
direction of the Lt.-Gov., not exceeding 5l. a man, one with
another, and also that he provide five match coats for the sentinels. |
|
6l. 11s. 10d. paid for doctor's attendance etc. upon 4 seamen
belonging to H.M.S. Province galley, put on shore sick of the
small-pox. |
|
27l. 3s. 3d. paid to Daniel Willard, Keeper of H.M. Gaol in
Boston, for keeping several French prisoners of war, July—Nov. 17, 1702. |
|
15l. paid to Bartholomew Green, of Boston, Printer, for printing
of the Acts, Proclamations and Public Orders, Sept. 27, 1701—Sept. 24, 1702. |
|
87l. 10s. paid to Isaac Addington for fees etc. |
|
H.E. further prorogued the Assembly from Jan. 7 till Feb. 10.
[C.O. 5, 789. pp. 474–476.] |
| Dec. 25. |
94. Account of Postage for the Board of Trade, Sept. 28—Dec. 25. Total, 7l. 6s. 5d. New Year's gift for two years,
5l. 7s. 6d. 1 p. [C.O. 388, 75. No. 65.] |
Dec. 28.
On board H.M.S. Canterbury before Port Royal in Jamaica. |
95. Rear Admiral Whetstone to the Principle Secretarys of
State. Yesterday about noon I came to anchor at this place,
having been 30 odd days cruising on the coast of Hispaniola,
designing if any prospect of service to have annoyed the enemy,
having one of the bomb ketches with me, but could find nothing
worth the charge of attacqueing by bombarding or other ways. At
my return, I received your letter of Oct. 7th, to Admiral Benbow.
I observe your Lordship tells him of six ships of warr to be
detacht from Cadiz with 2,000 soldiers. These ships I presume
are arrived at Barbadoes, but doe not, by Capt. Haverden Walker's
letter, find they have either orders or inclinations of coming
down here, unless the want of provisions or stores bring them;
but then I presume none of the soldiers comes with them. The
other ships your Lordships mentions with the Governor are
not yet arrived. I shall endeavour to be in the port at their
arrival, and consult with the most knowing here to doe the best
service we can. I shall rejoice to be successful, and will not be
wanting to doe my uttermost for H.M. service. The most of the
ships here will want a relief, as will also the men, the wormes
being very destructive to the ships, and the recovered men (for
all have been sick) at our short allowance cannot gather strength
to answer the end of the service. I humbly pray for myselfe a
reliefe, when it may be noe prejudice to H.M. service. I beg
to lay a little scheme before you of the occasion of some misfortunes attending H.M. service in these parts. All seamen
that come hither are generally attended with sicknesse at the
first; many it carries. off, some recover, but then being at short
allowance of provisions, one third is eaten out with the salt,
another third abated in their allowance, so that there is but one
third of H.M. allowance for these men to subsist on, by which
they can never geather strength, and altho' their short allowance
money is duly paid them, and all care imaginable taken to prevent
them from buying strong liquor, yet they doe it, and throw
themselves into distempers, so that the short allowance money
intended for their good proves their prejudice; and fresh
provisions are soe extream scarce and excessive deare that they
will not lay out their money that wayes. If these misfortunes
could be prevented by a constant supply of provisions to keep
them at whole allowance, I presume they would be much more
healthier, and much more fit for service. The trade of this
country now is privateering, which has not yet been successful,
but carryes of the men, so that the Government here says they
can give now supplyes to H.M. ships here. Signed, Will. Whetstone.
Endorsed, Recd. April 19, 1703. Addressed and sealed. 2 pp.
[C.O. 137, 45. No. 34.] |
Dec. 29.
Whitehall. |
96. Journal of Council of Trade and Plantations. Their
Lordships taking into consideration the several papers transmitted
by the Lord Cornbury relating to the state of the Province of
New York, and more particularly the Acts past there in April
and May last, immediately before his Lordship's arrival in that
Province, in order to their determination upon the names of
Counsellors fit to be inserted in his Instructions, some progress
was made in that matter. |
| Dec. 30. |
Their Lordships, having considered the present state of the
Council at New York and the names of persons recommended
by the Lord Cornbury to fill up vacancies, agreed upon the names
of twelve to be inserted in the Instructions prepared for him,
and having likewise considered the Acts passed at New York
in April and May last; ordered a Representation to be prepared
relating to those matters. |
|
Upon consideration of the proposals relating to the importation of Naval Stores from New England, their Lordships gave
directions for some alterations to be made in the draught
of a Charter received from the Petitioners for an Incorporation for that Trade; together with several additions to be
communicated to them, that their sence may be known
thereupon, in order to a Representation to H.M. upon that
matter. |
| Dec. 31. |
A Representation as ordered yesterday upon the Acts of New
York etc. was signed. |
|
Mr. Champante laid before the Board his account of the
Offreckonings of the 4 Companies at New York. He said that he
had received a letter from Capt. Nanfan, Oct. 5, acquainting
him that the cloathing which he had last sent for the soldiers
was then arrived there; he further desired that their Lordships
would please to send to the Pay Office for an extract of all the
money that has been paid to him upon account of the said
4 Companies; whereupon the Secretary was ordered to write to
Mr. Paunceford for it, and their Lordships further directed him
to attend again on Monday next in the afternoon, and to bring
with him any persons that he thinks fit, to make out what he
may then offer. Ordered also that Capt. Matthews and
Mr. Thrale, Agent for the Lord Cornbury, have notice to attend
at the same time. |
|
Order of Council, Dec. 17, together with a petition of Mr. Samuel
Allen, relating to the Propriety of New Hampshire, read. A
further Memorial upon the same subject was laid before the
Board; whereupon Mr. Usher, who solicites that affair, was
ordered to attend the Board on Monday next in the afternoon,
with the proofs what he has to produce of his allegations.
[C.O. 391, 15. pp. 337–341; and 391, 96. Nos. 208–210.] |
Dec. 31.
St. James's. |
97. Order of Queen in Council. Approving a Memorial from
H.R.H. Prince George of Denmark, Lord High Admiral, Dec. 23,
quoted:—Refers to petitions of Merchants trading to Virginia.
Proposes that, it may be reasonable to send from hence two ships
of the fourth rate by the end of Jan. next to carry all the trade
from the several ports, which ships will join at Virginia two
others, which I have ordered Vice-Admiral Benbow to detach
thither, and to depart from thence in company with the Trade
by July 1st or 10th. And whereas the merchants of London
have represented that there will be occasion to send to Virginia
the beginning of July next a considerable Trade, it is further
proposed that two fourth-rate ships may be appointed at that
time, or by the latter end of August, to convoy the said Trade,
which for their better security may be seen well into the sea
by other ships to be particularly appointed, and then the said
convoy may depart from Virginia and Maryland with the Trade
by the beginning of April following, and that during their stay
there, they may cruise in some proper station to protect the
trade of the Leeward Islands. Proposes that, the Governors of
Virginia and Maryland may be enjoyned by H.M. Orders to
take care that no ships sail out of the Capes without convoy,
to prevent the mischiefs which otherwise may happen to the
Trade from the enemy. |
|
Ordered, that H.R.H. give the necessary directions accordingly,
and that the Council of Trade and Plantations prepare the
necessary Instruction to the Governors as proposed. Signed,
Edward Southwell. Endorsed, Recd. Read Jan. 5, 1702/3. 2 pp.
[C.O. 5, 1313. No. 9; and 5, 1360. pp. 353–355.] |
Dec. 31.
St. James's |
98. Order of Queen in Council. Directing that the Order of
Sept. 26, 1699, be renewed on behalf of the petitioner, Sir John
Colleton. Bart. The Council of Trade are to prepare an
Instruction for the Governor of Barbados accordingly. Signed,
Edward Southwell. Endorsed, Recd. Read Jan. 4, 1702. 1¼ pp.
Enclosed, |
|
98. i. Petition of Sir John Colleton, Bart., to the Queen. [See
Cal. 1699.] 2 pp. [C.O. 28, 6. Nos. 91, 91.i.; and
29, 8. pp. 267–272.] |
Dec. 31.
Whitehall. |
99. William Popple to Edward Paunceford. I am ordered
by the Council of Trade and Plantations to desire you to furnish
them with an extract of all money received by Mr. Champante
from the Pay Office upon account of the 4 Companies at New
York. [C.O. 5, 1119. p. 326.] |
Dec. 31.
Whitehall. |
100. Council of Trade and Plantations to the Queen. We
humbly lay before your Majesty several Acts past in the General
Assembly of New York in April and May last by Capt. Nanfan,
late Lieut.-Governor; to which we have received several objections
made by Governor Lord Cornbury. (i). Act for continuing the
Revenue established by Law unto H.M. for two years longer, is in
effect little more than a specious pretence for giving away divers
sums out of the Revenue to several persons who have been since
discharged by his Lordship from their employments for misbehaviour in the Government, and does not seem to be otherwise
necessary, because a former Act for settling the Revenue continues
in force till May 18, 1706; before which time we presume the
Lord Cornbury will have taken further care in that matter.
(ii.) The Act for paying the debts of this Government made in the
time of the late Happy Revolution does tend to charge the Province
with payment of goods taken from several merchants by Jacob
Leisler and others of his party, in the time of their disorderly
proceedings, upon pretence that the same were for H.M. use,
and is contrary to the directions given by us to the late Earl of
Bellomont that no Act of Assembly should be passed by his
Lordship's consent, whereby any retrospect was had to the
quarrels or differences between any parties during the forementioned disorders. (iii.) The Act for declaring, confirming
and explaining the liberties of the City of New York relating to the
election of their Magistrates does in effect overthrow the Charter,
and tend to the great prejudice of that City. (iv.) The Act for
outlawing Philip French and Thomas Wenham being contrived for
the outlawing of those men, otherwise innocent, for default of their
appearance within ten days, is in itself unjust and repugnant
to the Laws of England, which allow a much longer time in
cases of outlawry. (v.) The Act for augmenting the number of
Representatives is an alteration not fit to be made in the
Constitution of that Government, and dos tend to the burthening
the people of some places in that Province who have already
so many Members of Assembly as they are willing to maintain.
(vi.) The Act for the better regulating the elections of Trustees and
Magistrates for the Town of Kingston, Co. Ulster, does tend to
the ruin of the said town. We humbly offer that your Majesty
would please to signify your disapprobation and disallowance
of the said Acts. |
|
We further humbly represent to your Majesty, that having
several Members of your Majesty's Council of New York for
their misbehaviour and divers irregular and illegal proceedings,
whilst they were in power (viz., Atwood, Weaver, A. Depeyster,
Staats and Walters), and having considered the reasons of his
Lordship's so doing, we do approve thereof; and humbly
conceiving it fit that the said persons be displaced by your
Majesty, we have thereupon added in their stead the names
of five other persons recommended to us by the Lord Cornbury
as fit to supply those vacancies, to make up the number of twelve
persons in your Majesty's said Council, whose names are
accordingly inserted in the Instructions we have prepared for
his Lordship, which we herewith humbly lay before your Majesty
for your Royal Approbation. Signed, Weymouth, Rob. Cecill,
Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen. Annexed, |
|
100. i. Copy of Instructions for Edward Lord Cornbury,
Capt.-General and Governor in Chief of New York and
the territories depending thereon. Similar to previous
Instructions. Variations: Members of Council of New
York; William Smith, Peter Schuyler, Sampson Shelton
Broughton, Wolfgang William Romer, William Lawrence,
Gerardus Beckman, Rip Van Dam, John Bridges, Caleb
Heathcote, Thomas Wenham, Matthew Ling, Killiam
Van Ranslaer…Appeals to be allowed to the Governor
and Council, where the value exceed 100l. sterl. etc. and
to H.M. in Council, where it exceed 300l. sterl…
You are to endeavour the repeal of the clause of the
Act of New York for quieting and settling disorders,
which has of late been misinterpreted to the oppression
of our subjects, the Laws of England having sufficiently
provided for the true purposes thereof etc. See Cal. 1701.
Nos. 1030 and 647. ii. [C.O. 5, 1119. pp. 273–325.] |
Dec. 31.
St. James's. |
101. Order of Queen in Council. Upon above Representation,
Ordering that Mr. Atwood and Mr. Weaver with their Councell
learned be heard before H.M. at this Board, Jan. 14 next, and
that Mr. Attorney and Mr. Solicitor General be instructed by
the Agents of the Lord Cornbury in order to make good the
charges brought against them by him, and that the parties
concerned do make their application to the Council of Trade
and Plantations for such papers transmitted by my Lord Cornbury
as may be proper for their information. Signed, John Povey.
Endorsed, Recd. Read Jan. 4, 1702/3. 1p. [C.O. 5, 1048. No. 8;
and 5, 1119. pp. 328, 329.] |
Dec. 31.
St. James's. |
102. Order of Queen in Council. Repealing 6 Acts of New
York past there in April and May, 1702, as recommended by
the Council of Trade and Plantations. Signed, Edward Southwell.
Endorsed, Recd. 14th, Read Jan. 18th, 1702/3. ¼ p. [C.O. 5, 1048.
No. 9; and 5, 1119. pp. 343, 344.] |
| Dec. 31. |
103. Minutes of Council of Virginia. On consideration of the
Lords Justices' Instructions, Sept. 3, 1698. "You are to take
care that in time of war no ships do come from Virginia but in
fleets, or at such time as shall be notified from hence for their
meeting of convoys etc." the Council being in doubt as to whether
merchant ships without a convoy shall be accounted a fleet,
and how many ships shall constitute the same, desire H.E. to
ask for directions from the Lords Commissioners for Trade, how
to proceed when no convoys are in the country or can reasonably
be expected. And forasmuch as after embargoes have been
laid here pursuant to the aforesaid Instruction, the ships in
Maryland continue to sail as usual, whereby they have the
advantage of the market, and the inhabitants of this Colony
and traders here are not only deprived of that benefit, but are
also at great charge in seamen's wages and the damage of their
vessels by the worm and other accidents, the Council pray
that the same may be represented, that so the inhabitants and
traders to this Colony may be under no greater restraint than
those concerned in the same trade in our neighbour Colony. |
|
Letters from Capt. Moody to H.E. etc. read, giving notice that
he hath received orders from the Lord High Admiral and
Capt. Leake directing to sail for Newfoundland to join Capt. Leake
and in case he is gone, to make the best of his way to England,
in which letters he hath not only used divers very reflecting and
presumptuous expressions, but also hath refused to send his
orders or give an attested copy of them to H.E. (notwithstanding
he showed them to Mr. Commissary Blair and Col. Philip Ludwell)
to the end H.E. and Council might have judged what would
most conduce to H.M. service and the advantage of trade upon
this occasion. Whereupon it is the unanimous opinion of the
Council that for want of true knowledge of such orders, they
cannot give any directions to the merchant ships, which may
tend to the great prejudice of H.M. service and the trade of this
country, and they therefore desire H.E. to issue his warrant
to Capt. Moodie, commanding him to bring or send to H.E. on
Jan. 5 an attested copy of the orders he hath received, that this
Board may consider wherein he may be serviceable, as also a
copy of the Journal of his proceedings since he come into this
Colony, that so it may appear whether he hath complied with
the orders he hath from time to time received. |
|
Whereas Capt. Moodie in his said letters of 16th, 20th, 22nd
and 29th inst. complains of his being in want of provisions and
men, and that his water casks are in a bad condition and his
men naked and in great want of clothing, for which reasons he
cannot proceed so soon on his voyage as ordered, H.E. and Council
find that whenever any application hath been made by him
for credit for provisions or any other matter, orders and supplies
have been given him as desired. Capt. Moodie hath had H.E.'s
warrant for impressing seamen, and to strengthen the same an
Act of Assembly hath lately passed for apprehending runaway
seamen, whereof divers have been taken and delivered to him.
And as to his water cask and the nakedness of his men, it is the first
time any such representation hath been made to this Board,
so that if he is in want of any the above particulars, or cannot
sail pursuant to his orders, it is no fault of H.E. and Council.
They conceive it for H.M. service and order that Capt. Moodie
give a positive answer whether he intends immediately to sail
from hence, and whether he intends to touch at Newfoundland,
and that he answer on Jan. 5. |
|
Ordered that Capt. Moodie deliver H.M. sloop Elizabeth with
all her rigging etc. to the Collector or Naval Officer of the district
from whence he takes his departure. |
|
Whereas it hath been represented by Capt. Moodie that he is
in want of diverse seamen, H.E. and Council being willing as far
as it is possible to supply H.M.S., hereby in Her Majesty's name
strictly charge all officers, civil and military, and all H.M. loving
subjects to use their utmost endeavours to discover and apprehend all vagrant and runaway seamen and them safely to convey
on board H.M.S.Southampton in accordance with the late Act
of Assembly. |
|
The Council requested H.E. to write to the President of H.M.
Council in Maryland to order Capt. Nathaniel Bostock, H.M.
advice-boat Eagle, to attend on this Government with all speed.
And forasmuch as all the seamen that can be had in this country
will scarce be sufficient to supply H.M.S. Southampton, the Council
desire H.E. to write to Capt. Bostock that he take care to man
the Eagle before he comes from Maryland, and for his assistance
to send him the list of seamen now in Maryland who have run
away from H.M. service. |
|
Upon reading Lord Cornbury's letter, Nov. 19, desiring that
the quota of 900l. be remitted by the very beginning of the Spring,
H.E. asked the advice of the Council whether, since Lord Cornbury
is so pressing and seems to apprehend the frontiers of his Government in danger, it will be convenient to call the Assembly sooner
than March 17. The Council were of opinion that the Assembly
cannot conveniently meet sooner, for the reasons given Oct. 27.
[C.O. 5, 1409. pp. 265–268.] |
