|
| Jan. 11.] |
155. Charles Lord Baron of Baltemore to the Council of Trade
and Plantations. Humbly representeth, that he is informed by
his Agent in the Province of Maryland that Col. Blakiston, late
Governor thereof, ordered his said Agent to give him an account
of what lands should happen to be escheated during his stay
in the Government, alleaging that his Instructions enjoyned
him to give this honourable Board an account thereof, that the
same might be disposed of for the King's use. Lord Baltemore
humbly conceives the said Instructions relating to escheats was
incerted by the mistake of the Clerk, who drew the same not
considering that Lord Baltemore was Proprietary of the said
Province and had the Royal Rights thereof granted him. Lord
Baltemore did in 1699 prefer a petition to the late King praying
H.M. dissent to two Laws past in the Assembly of Maryland,
by which his Lordship's right and property were apparently
invaded, the one an Act for ascertaining the bounds of lands,
the other limiting the payment of bonds and bills to five years.
The said petition was referred to this Board by H.M., and when
Lord Baltemore came to crave your Lordships' report thereon,
the Secretary tould him there was no occasion for it, the said
Laws being already dissented by H.M., and the Instrument of
dissent conveyed to Maryland, which Lord Baltemore signified
to his Agents there, and his Agents made the same known to the
Governor and Speaker of the House of the Assembly. But the
Assembly would not believe that the said dissent extended to
the said Laws, unless a certificate from this honourable Board
signifying the same were produced to them, for want whereof
the said Laws have and still continue to be put in execution to
the great damage of the said Lord Baltemore. Therefore he
most humbly prays that the said Instruction relating to Escheats
may for the future be left out of such Instructions as shall be
given to such Governors as shall be sent into that Province, the
said Escheats being his undoubted right as Proprietary and
Lord of the Soyle, and that such Governors be ordered not to
interfere with any of his Lordship's rights in his lands, and that
your Lordships will please to let him have a certificate from this
Honourable Board signifying that the said dissent includes the
said two Laws. Signed, C. Baltemore. Endorsed, Recd. Read
Jan. 11, 1702(3). 1 p. [C.O. 5, 715. No. 68; and 5, 726.
pp. 148–150.] |
| [Jan. 11.] |
156. Petition of Merchants of Poole, trading to Newfoundland,
to the Queen. We acknowledge your princely care in sending some
ships of war and land forces last summer to Newfoundland for
the protection of our fishery and destroying that of the enemy,
which met with wonderful success, and also your Majesty's great
care in fortifying St. John's and settling land forces there, by
means whereof that place and all the Southern parts of Newfoundland are in some good measure secured from the incursions
of the enemy at all times. Pray, in behalf of the Northern parts,
viz., Trinity and Conception Bay and as far North as the northern
part of Bonavista Bay, being highly apprehensive of the great
danger those parts are in from the French, being wholly uncapable
of making any manner of defence against them. Trinity Bay
being the only inlet the French have by land to annoy those
Bayes, and all the northern parts, it being not above 3 miles
overland from the bottom of Placentia Bay, in possession of the
French, to the bottom of Trinity Bay, over which land the French
have a way to, and often doe, launch their shallops, in which they
convey their forces from harbour to harbour in the said bays,
plundering, burning and destroying all your petitioners' plantations and effects, as they pass from place to place, as your
petitioners have already sadly experienced, to almost the ruin
of some and the great loss of others. For prevention whereof,
petitioners' effects in Newfoundland now being much more
considerable then in some years past, by reason they could not
sell their fish last summer, but were forced to leave the greatest
part behind in storehouses, we humbly beseech your Majesty
to take the care of those defenceless places into your princely
consideration, and propose as absolutely necessary thereunto that
succours be sent thither very early next spring, to anticipate
your Majesty's enemys, who threaten an early revenge of their
late losses; and that your Majesty would send over materials
and artificers for the building of two forts, one at the entrance
of Trinity Harbour in Trinity Bay, and one at Carboneer in
Conception Bay, and some soldiers to defend the same, subject
to a Civil Commander, which with the assistance of the inhabitants
living in those bays and parts adjacent (who in the winter season
have great conveniences to transport themselves and their effects
in shallops to those places for their security until the next fishing
season comes) will be able to secure all the northern parts aforesaid.
Signed, Wm. Bremble, Mayor, and 66other signatories. On back, |
|
156. i. Sir Charles Hedges to the Council of Trade and
Plantations. Referring above petition for their opinion.
Signed, C. Hedges. The whole endorsed, Recd. Jan. 16,
Read Feb. 11, 1702/3. 1¼ pp. Torn. [C.O. 194, 2.
Nos.91, 91.i.; and 195, 3. pp. 150–154.] |
Jan. 11.
Admiralty Office. |
157. J.Burchett to William Popple. H.R.H. having it in
his thoughts to call from New England, New York and Virginia
the ships of war that doe now attend those Governments, soe as
that they may bring home with them the latter part of the Trade
from those parts, and to send others thither the following spring,
and being of opinion that it may be for H.M. service soe to do,
because in the winter season the said ships are forced to lye up,
and thereby put the Crown to expence without doing any manner
of service, I am commanded to acquaint you therewith for the
information of the Council of Trade and Plantations, and desire
you will let me know whether they have any objection. Signed,
J. Burchett. Endorsed, Recd. Read Jan. 12, 1702(3).1 p.
[C.O. 323, 3. No. 143; and 324, 8. pp. 191, 192.] |
Jan. 11.
Whitehall. |
158. Council of Trade and Plantations to the Earl of Notingham. In pursuance of H.M. Orders in Council, Dec. 31 and
Jan. 7, we enclose draughts of an Instruction for the Governor
of Virginia and Maryland. Signed, Robt. Cecill, Wm. Blathwayt,
John Pollexfen, Mat. Prior. Annexed, |
|
158. i. Additional Instructions to Francis Nicholson, Governor
of Virginia. Given at our Court of St. James's, Jan. 7,
1702/3. Anne R. Whereas it hath been represented to
us that ships sailing from our Plantations in America
without convoy during this time of war are subject to
great hazards, and that divers of them have been taken
by the enemy, to the great loss and detriment of our
loving subjects, and whereas for the preventing the
mischiefs that may happen in that manner to the Trade
of those parts, we have been pleased to give directions
that a convoy do proceed from hence with the outwardbound ships the latter end of this instant January,
which convoy is to return from Virginia the 1st and
10th of July next with the Trade that shall then be
ready to accompany them; and that another convoy
be likewise sent with such ships as shall be ready to
sayle from hence to Virginia and Maryland in July next;
it is therefore our will and pleasure that you take especial
care that during this time of war no ships do sail from
Virginia otherwise than with convoy, such ships only
excepted as shall have lycence from us under our Royal
sign manuall, our Order in Councill, or from our High
Admirall. [C.O. 5, 1360. pp. 358–360.] |
| Jan. 11. |
159. Copy of above Instructions addressed to "Thomas Tench,
President, and the rest of our Council of our Province of
Maryland." [C.O. 5, 726. pp. 146, 147.] |
Jan. 11.
Whitehall. |
160. Journal of Council of Trade and Plantations. Order of
Council, Jan. 7, relating to the Golden Lyon and the Baltimore,
read. Letter to the Earl of Nottingham, enclosing the draught
of an Instruction for the Governor of Virginia and the President
and Council of Maryland relating to convoys for the Trade of
those Plantations and with an exception for the return of such
ships without convoy as shal have particular licences for that
purpose, was signed and sent. |
|
Lord Baltimore laid before their Lordships a Memorial relating
to an Instruction to the Governors of Maryland about escheats,
and to two Acts of that Assembly, which he desires may be
repealed, which Memorial was read, and the Secretary directed
to look into the state of those matters, and lay them before the
Board for their Lordships further consideration. |
|
Col. John Seymour presented to the Board a letter from the
Earl of Nottingham, acquainting their Lordships that H.M. has
been pleased to appoint him to be Governor of Maryland etc.
Directions given for preparing his Commission of Instructions
accordingly. |
|
Mr. Atwood desired their Lordships to favour him and
Mr. Weaver with copies of the depositions against them,
which have been transmitted from the Lord Cornbury from New
York, whereupon the Minute of what was answered to Mr. Weaver
the 7th inst. upon the like occasion, was read to him, and he
was further told that he would do well to apply to Mr. Attorney
General for his opinion whether the said depositions ought to be
communicated to them before their hearing or no, that upon
Mr. Attorney's answer to that question, they might further
consider of it. But he declaring [? declining] himself to be at
that charge, the Secretary was afterwards directed to write
to Mr. Attorney General upon the same subject, which was
accordingly forthwith done and sent. |
|
Ordered that the Secretary write to Mr. Penn to know whether
the Acts of the Assembly of Pennsylvania received from him
Dec. 15 last be a compleat body of all the Laws of that Province
now in force or no. |
|
Their Lordships taking into consideration the several letters
received lately from Lord Cornbury, gave directions for preparing a Report to be laid before H.M. on the affairs of New
York. |
|
Mr. Wm. West desiring a copy of Sir William Stapleton's
Commission for the Government of the Leeward Islands, it being
useful to him in relation to a title to some land there, ordered
that a copy thereof be given him. |
| Jan. 12. |
Mr. Cary desired their Lordships' despatch of their Report
upon the Acts of the Leeward Islands, which have been some
months since under consideration, and their Lordships promised
to do it accordingly. |
|
Letter from Mr. Burchet, Jan. 11, read. Directions given
for preparing an answer. |
|
The Secretary acquainted the Board from Mr. Taylor, that the
Lord Treasurer had considered their Lordships' letter about
incidents, but objected against the Articles for passing the Commissions, and desired that in the remaining part of the account,
a distinction should be made between what was due in the time
of the late King, and what since. Ordered that an account be
prepared accordingly. |
|
Mr. Wharton laid before the Board a Memorial from the undertakers for raising Naval Stores in New England. Mr Attorney
General informed their Lordships that he conceived the Depositions against Mr. Atwood and Mr. Weaver ought to be shewn
them, but he did not think fit they should have any copies, nor
take notes thereof, unless they agreed that the said depositions
should be read at the hearing appointed before Her Majesty in
Council. And Mr. Attwood being afterwards called in, and
declaring that he could not allow those depositions to be legal
evidence, nor therefore consent that they should be read at the
hearing, the Board acquainted him that all they could do was
to give leave for him and Mr. Weaver to read the Depositions
wch. concerned them respectively in the presence of one of their
Lordships' clerks, but that they could not allow them to take
any notes. |
| Jan. 13. |
Draught of a letter to be writ by the Secretary to Mr.Burchet
agreed upon. |
|
Col. Seymour, together with Col. Blakiston, attending the
Board in relation to Col. Seymour's dispatches for the Government of Maryland, Col. Blackiston acquainted their Lordships
that he had seen letters advising that Mr. James Frisby, one
of the Councillors of Maryland is dead, and further informed them
that in his opinion Mr. Kennelan Chittleton, William Coursy and
Thomas Ennalls are persons fit to supply vacancies in Council,
and further mentioning some obscurity or inconvenience in the
Maryland Instructions relating to ships sailing with convoys or in
fleets, their Lordships agreed upon an alteration to be made in
that Article of the Instructions to be prepared for Col. Seymour. |
|
The Draught of a Commission for Col. Seymour to be Governor
of Maryland was laid before the Board, and a report signed wherewith to lay the same before H.M., together with a draught of
Instructions for the Lord Cornbury in the Governments of New
York, relating particularly to the Acts of Trade. |
|
A letter from Col. Dudley, Nov. 8, relating to public proceedings
in New Hampshire, read. Ordered that the Addresses enclosed
be sent to the Earl of Nottingham. |
|
Letter from Col. Dudley, Nov. 10, relating to the affairs of the
Massachusetts Bay, read. Ordered that extracts be made from
this letter and his letter of Sept. 17 and transmitted to the Earl of
Nottingham. Their Lordships resolved to take again into
consideration Col. Dudley's letters of July 23, Aug. 5 and Sept. 17
together with this, in order to report to H.M. what may be fit both
in relation to himself, and to the general affairs of that Province. |
|
Letter from Mr. Addington, Oct. 10, read, and the papers
therewith transmitted laid before the Board. [C.O. 391, 15.
pp. 354–364; and391, 97. pp. 21–32.] |
Jan. 11.
St. Jago de la Vega. |
161. Minutes of Council of Jamaica. The Governor acquainted
the Board that the principal occasion of calling them together
was in relation to the poor people of Port Royal, who was burnt
out of all by the dreadful fire on Saturday last, what method
should be taken to support them in their present calamitous
condition and to induce them to stay and resettle here. Whereupon Mr. Pallmer was sent for and required to give an account of
what flower and beef of the Queen's stores remained unsold.
He returned 91 barrels of beef and 94 barrels of flower. Ordered
that 40 barrels of each be immediately sent down to Fort Charles
for the support of the soldiers there and relief of such persons
as are in necessity, which is to be distributed to them by Barnaby
Jenkins and Joseph Quelch. John Gardiner and William Careless
were appointed Commissioners with them, and empowered to
impress waines to send the provision down and boats to carry
it to Port Royal and take an account of what is done, what number
of people there are to be kept and what fresh provisions may be
wanting, that care may be had to supply it, which is to be done by
any of the Commissioners taking it upon the public account and
credit, which they are hereby empowered to do. Ordered that
they have power to impress boats on all occasions of going by
water or for the removing of the poor people to the places where
they may be relieved, and paying the usual rates. Warrant
ordered to be drawn to require all Constables and other H.M.
subjects to be aiding and assisting to the said Commissioners in
the premisses. |
|
Ordered that there be papers fixt up in all public
places by the Commissioners, that those persons in necessity
may know where to apply for relief. Proclamation ordered that
no person presume to take greater or other rates for victuals,
drink and other necessaries, as for freight, horse or cart hire than
was usual and accustomed before the said calamitous Accident
happened. |
|
Ordered that a letter be sent to the Admiral to pray him, in
regard the King's prison is destroyed, that he will take care
of the French and Spanish prisoners, till we can take further care
of them. |
|
Ordered that there be an embargo till further orders. [C.O. 140,
6. pp. 112–114.] |
| Jan. 12. |
162. Joseph Gaylard and Peter Dueroz to the Earl of Nottingham. If I remember aright, your Lordship told the President
that nothing else was expected from the College but providing
internal medicines, and that your Lordship had taken care of the
surgeon's chest. The College [of Physicians] are in a good
forwardnesse with their part of the provision [of medicines for
the troops for Jamaica. Ed.]. The Surgeon and myself await on your
Lordship to know your Lordship's pleasure concerning this
affair. Signed, Joseph Gaylard, Peter Dueroz. Addressed. 1p.
[C.O. 137, 45. No. 38.] |
Jan. 12.
Whitehall. |
163. William Popple to William Penn. The Council of Trade
and Plantations desire you to inform them whether the Act
of the Assembly of Pennsylvania, received from you Dec. 15 last,
be a compleat Body of all the Laws of that Province now in
force or no. They also desire your answer to the letter of Jan. 8.
[C.O. 5, 1290. p. 281.] |
Jan.12.
Tom on board ye Boyn in Barbadoes Road. |
164. Commodore Hovenden Walker to [? the Earl of Nottingham]. Bad weather having hindered my touching at the Maderas,
I was oblidged to bear up for the Cape de Verde Islands, where
arrived Oct. 24, and there watered the ships and refresht the men,
all both men-of-war and transport ships being very healthy
except the Burford, which having in the passage buried near 20
men, put above 120 sick ashoar at St. Vincent's. Nov. 14 I
sailed from thence, and Dec. 5 anchored in Barbadoes Road.
I applied to the President and Council there concerning the
sick seamen and disembarking the soldiers for their refreshment,
but they were very slow in their resolutions, and I falling sick
of the country distemper, whereof I am yet scarce recovered, the
soldiers were not put ashoar till Dec. 29. Having this day
received H.R.H. Orders to that purpose, I am re-embarking the
soldiers, and with all expedition shall proceed to the Leeward
Islands. Our seamen have proved in general more sickly then
the soldiers, and the Edgar, Anglesey and Sunderland are more
sickly than any of the ships here except the Burford, which is
exceedingly weakened, not having above 140 seamen abord,
buried above 100 since she parted from Sir George Rooke and
above 100 being sick ashoar. The Edgar, Anglesey and Sunderland
with the Victuallers' storeships and recruits arrived here the
8th inst., and I have ordered the Edgar and Anglesey to Antegua
to deliver their packets to the Governour of the Leeward Islands;
in a few days after them expecting to be there with the rest of the
men-of-war and land forces. Signed, Hovenden Walker. Endorsed,
R. March 13, 1702/3. 3pp. [C.O. 28, 38. No. 7.] |
| [Jan. 12.] |
165. Wm. Wharton to the Council of Trade and Plantations.
The undertakers for raising stores in New England are surprised
to find that a design admitted by your Lordships to be of public
benefit meets with so much discouragement, as the alterations
and additions made by your Lordships to the draught of a Charter,
which so effectually cramp the undertaking etc. (1) If we are
denied the privilege to purchase lands, goods etc., we can[not]
settle any factories, which are absolutely neces[sary] (that part
of the country proper for our pur[pose] being wholly uninhabited),
nor sow any hemp, make nor buy any Naval Stores, but be a
Corp[oration] in name and notion only. (2) The second alteration
is the striking out the Queen's waste lands, mines and minerals,
the obligation for our laying out 20,000l. within the first three
years, and giving the pre-emption to the Crown of the Stores we
import. The waste lands etc. are now of no benefit to the Crown,
nor will be in many generations, unless granted to a Corporation
whose united purses can conquer the natural difficulties in doing
it. But if your Lordships think us uncapable, we acquiesce in
this and the latter part of the alteration. (3) Your Lordships
restrain our stock to 20,000l., and yet require us to import yearly
as many stores as will amount to above 30,000l. prime cost in the
first two years etc. This will disable us—so small a stock will
be eaten by necessary incident charges, and will reduce it into
few hands. (4) The fourth alteration for restraining us from
transferring our stock etc. for 5 years, is a clause of a new
impression, never inserted in any Charter that has yet bin pass'd
and will effectually suppress our undertaking, tho' your Lordships
should grant us all we ask and more. For this is an abridging
the common right of the subjects in disposing of their properties,
which no men of ability will submit to. The proposals we have
made against stock-jobbing, we conceive to be sufficient to prevent
all the mischiefs practised by Corporations in that particular, and
beyond those we cannot submit. (5) The last clause, for Vacating our
Charter by an Order in Council, makes our Charter too precarious,
and may expose us to the loss of our stock, or at least a great part of
it that must be abroad in the Plantations, when such a vacate may
be made. We do not desire to have our Charter exclusive of others,
and therefore insist the common method of a Scire facias is sufficient. |
|
We cannot depart from our former draught and additions to
it in our last memorial. If your Lordships insist upon the amendments here objected against, we will give your Lordships no
further trouble, but either wholly desist, or make a fresh
application where we hope a design so advantageous to the Nation
will meet with more encouragement. Signed, Wm. Wharton,
Agent. Endorsed, Recd. 12, Read Jan. 20, 1702(3). 4 pp.
Edges torn. [C.O. 5, 862. No. 144; and 5, 910. pp. 334–339.] |
| Jan. 12. |
166. Minutes of Council of Barbados. The President laid
before the Board letters from the Council of Trade, Nov. 11 and
Nov. 13, 1702, which arrived yesterday. The Board resolved to
forward enclosures as soon as possible. The President also
delivered an answer from Midford Crowe, Nov. 12, to the Council's
letter of May 19, declaring his readiness on any occasion to doe
the best offices he can for the Island etc. |
|
Commission for the trial of Caesar Brooks signed. [C.O. 31, 6.
pp. 351, 352.] |
| Jan. 12. |
167. Minutes of Council of New Hampshire. Upon reading the
petition of Mrs. Elizabeth Holland and an Order of Council, Oct. 8,
last, ordered that the Secretary write to Mr. David Jeffrey of
Boston, attorney to Thomas Holland, husband of the said
Elizabeth, to comply with said Order of Council, and to restore
her wearing apparel, or to show cause to the contrary. |
|
Ordered that Theodore Atkinson bring the Assembly Books
and Papers to Portsmouth, and deliver the same to the Speaker.
[C.O. 5, 789. p. 122.] |
Jan. 12.
Portsmouth. |
168. Minutes of Council in Assembly of New Hampshire.
The House of Representatives chose Daniel Tilton for their
Speaker. |
|
Joint-Committee appointed to take into consideration the
building of a Fort at Newcastle. |
|
Petition of Joseph Palmer, a prisoner upon execution at the
suit of one Redman, praying review in that case before the Governor
and Council [read], for which the Governor declared his opinion
that it was the subject's right and he was ready to hear it, but it
went upon vote and passed in the negative. [C.O. 5, 789.
pp. 125, 126.] |
Jan. 13.
London, 13th, 11th month called Jan.] |
169. Theodor Eccleston and J. Wyeth to William Popple.
Since our last attending the Lords Commissioners, we have a
letter intimating their being under some difficulty as to the
hearing and considering our objections to the bill for establishing
Religious Worship etc. in Maryland, upon supposal we have
been heard to the same bill already in the time of King William.
We are preparing such answer as we hope will suit the nature of
this case. Signed, Theodor Eccleston, Jos. Wyeth. Endorsed,
Recd. Read Jan. 14, 1702/3. Addressed. 1p. [C.O. 5, 715.
No. 69; and 5, 726. p. 169.] |
Jan. 13.
Admiralty Office. |
170. Lords Commissioners of the Admiralty to H.R.H. Prince
George, Lord High Admiral. Upon consideration of what was
debated this morning at the Committee of H.M. Privy Council,
and in pursuance of the directions which we have received from
their Lordships touching employing the squadron of H.M. ships
and the forces that now are, and which are going to the West
Indies, we offer our opinion that it may be most for H.M. service
to give orders that the said forces do first attempt the French
Settlements and Plantations in their Windward Islands, and
that when they have done their utmost in those parts, they do
then, without loss of time, repaire to Jamaica, and there hold a
Council of War of the sea and land officers, to consider whether
they can proceed from thence, and attempt any of the Spanish
Towns upon the Continent; and that if the said Council of War
shall judge it practicable, both the squadron and forces may be
ordered to proceed and attempt any of the said places accordingly,
but that they be particularly directed, to take care to return
and be at Jamaica by such time as that he may from thence
proceed and arrive at Newfoundland so early, with respect to the
season of the year, as that he may be able to attempt the enemy's
settlements there, and their fishery on the Bank. And it is
further proposed that orders be also given not to put the people
they take into any other of the French or Spanish Plantations,
as was done the last war, but bring them directly home for
England. Signed, G. Rooke, D. Mitchell, Geo. Churchill, Richard
Hill. 2. pp. [S.P. Naval, 7. Under date.] |
Jan. 13.
Whitehall. |
171. William Popple to Josiah Burchet. In answer to yours of
11th inst., the Council of Trade and Plantations have considered what
H.R.H. has been pleased to propose concerning the guardships
which do now attend the ordinary service of New England,
New York and Virginia: they have no objection why those
attending New England and New York may not be called home
in the beginning of winter, so as to bring with them the later
part of the Trade from those parts, provided that others be sent
so as to arrive there early in the Spring to attend those Governments in their stead; but as to Virginia and Maryland, their
Lordships do conceive that the many rivers and the bay being
very large and open and exposed to privateers and pirates, it
may be necessary that a ship of force be constantly left to cruize
within the Capes, even in the winter season, for the security of
those parts, especially since the fleet of merchant ships is designed
to remain there the next winter, and that probably a considerable
number of trading ships will be always there in that season,
altho' the convoys for Virginia and Maryland may be ordered
to cruize more southward off of the Charibbee Islands. [C.O. 324,
8. pp. 192, 193.] |
Jan. 13.
Whitehall. |
172. Council of Trade and Plantations to the Queen.
Enclosing draught of Commission for Col. John Seymour to be
Governor of Maryland. We likewise herewith lay before your
Majesty a draught of Instructions for Lord Cornbury, Governor
of New York, relating to the Acts of Trade and Navigation in
the usual form sent to the Governours of other Provinces. Signed,
Weymouth, Dartmouth, Robt. Cecill, Ph. Meadows, Wm.
Blathwayt, John Pollexfen, Mat. Prior. Annexed, |
|
172. i. Draught of Col. Seymour's Commission to be Governor
of Maryland. |
|
Similar to Governor Codrington's Commission
abstracted Cal. A. & W.I. 1699, No. 382. Variations:—Three members of the Council to make a Quorum. The
Governor to make up their number to nine, if there
happen to be less, subject to H.M. approbation. Upon
his death or absence, the Council to take the administration of the Government and the first Counsellor to
preside. Signed, Feb. 12, 1702/3. [C.O. 5, 726. pp. 151–168.] |
Jan. 13.
St. Jago de la Vega. |
173. Minutes of Council in Assembly of Jamaica. Returns
of Assembly-men:— |
|
St. Thomas in the Vale |
Capt. Robt. Nedham. |
|
William Nedham. |
|
Vere |
Andrew Langley. |
|
Valentine Mumbee. |
|
St. Dorothy's |
Matthew Crew. |
|
Dr. Bonner. |
|
Clarendon |
Charles Long. |
|
John Peek. |
|
St. John's |
Francis Bragg. |
|
John Ayscough. |
|
Kingston |
Edmund Edlyne. |
|
Thomas Barrow. |
|
Aldworth Elbridge. |
|
Port Royale |
Thomas Hudson. |
|
Thomas Sutton. |
|
Robert Meakins. |
|
St. Ann's |
William Axtell. |
|
Thomas Brayne. |
|
St. Thomas to Windward |
John Blaire. |
|
Thomas Freeman. |
|
St. David's |
Major Edward Turner. |
|
Major John Clarke. |
|
St. Mary's |
Capt. Mathew Gregory. |
|
Andrew Orgill. |
|
St. James' |
Capt. Richard Bamncks. |
|
George Bennett. |
|
St. Catherine's |
Henry Brabant. |
|
Thomas Cox. |
|
Capt. John Ellis. |
|
St. Andrew's |
Col. Thomas Clarke. |
|
James Archbould. |
|
The writs for St. George's and St. Elizabeth's were not returned.
The Members attending were sworn and repeated and subscribed
the Test, which done the Governor desired them to go the House
and chuse a Speaker. Col. Langley acquainted the Governor
that he had been chosen Speaker, and endeavoured to excuse
himself as unfit, but the Governor declared his approbation,
and addressed the Assembly:— |
|
I cannot but express the great opinion I have that you are
now met together with hearts full of zeal and affection for the
honour of our most gracious Queen, the support of her dignity
and the preservation and prosperity of this Island, since, to my
great satisfaction, I find an Assembly of Gentlemen whose interests
and estates, whose prudence and experience in the affairs of this
Island are a sufficient security against the misunderstanding or
mis-meaning of any (if there can be any) who would obstruct
the general good, which shall always be my utmost aim. I must
particularly recommend to you the Revenue for the support
of the public, that the Government may be enabled to discharge
the debts, and provide for our future defence against the common
enemy. The accounts of all public monies shall be always ready
to be laid before you. Since H.M. out of her royal grace and
bounty to this Island hath thought fit to send some part of her
forces for its preservation, I doubt not but you will all cheerfully
concur in seconding such her princely care by an act for quartering
the officers and soldiers already here, or which may be sent, in
such manner as be most for the health and conveniency of the
forces and the ease of the inhabitants; and if any defect or
misconstruction may have arisen from your former proceedings,
your wisdomes will find a speedy care to remove them, that
there may be no heats and divisions among us. But that the
intentions and meaning of the last Act may be supplyed and
supported by you, in which I think the honour of Assembly and
our duty to H.M. are highly concerned. The building of barracks
and repair of fortifications I must leave to your consideration.
In my opinion the safest method to prevent the attempt of our
enemies, is to be always in a readyness to oppose them, under
which head the care of the Militia and the well disciplining
of them doth necessarily fall. The decay of trade in this time of
war is well worthy your thoughts, and all possible meansrought
to be used that no distinction may be made amongst men, but
that all persons of what sort soever that live industriously and
quietly under our Laws may enjoy an equal protection from
them. I cannot mention the dismal and amazing judgment
that God hath been pleased to lay upon this Island by the late
dreadful fire at Port Royal without earnestly recommending
to you that we may all labour with diligence and expedition to
succour and preserve the inhabitants. I have already, by advice
of the Council, made some disbursements for that end. I hope
you will be ready with all cheerfulness speedily to provide a fund
for the repayment of that and the present support and comfort
of such whom this calamity hath made objects of your care and
help. This our Religion exacts from us, this the welfare and
safety of the Island requires, and cannot be wanting from us as
good subjects. I have only to desire the dispatch of the business
that will be laid before you, and that all animosities may cease,
and that the honour of H.M. and the common good of this Island
may preside in your thoughts etc. |
| Jan. 14. |
John Gay, Clerk of the Assembly, and Edward Betterton,
Messenger, were sworn. |
|
The writs and returns of elections were sent to the House,
with notification that the writ for St. Elizabeth was not yet
returned, and that the two writs successively had been sent to
St. George's, but neither of them could be executed by reason
of great floods and violent rains. |
|
Richard Bancks was sworn a Member of Assembly. |
|
Joint Conference appointed to confer about the distressed
condition of the late inhabitants of Port Royal. The House
resolved that they would reimburse the Treasury what sums had
been expended for the relief of the distressed, the Governor
and Council to continue the like care, and they will reimburse
the charge, and further desired the Governor to publish this
resolve. Ordered accordingly. |
|
The Provost Marshal was ordered to attend the House as
requested. [C.O. 140, 6. pp. 415–421.] |
| Jan. 13. |
174. Minutes of Council of Virginia. Letter from Benjamin
Harrison excusing his absence, read. |
|
Letter to H.E. from Jno. Thraile, Solicitor of the Virginia
affairs, intimating that he had put H.E.'s new Commission into
the hands of Micajah Perry, read, together with H.M. Order in
Council appointing a sum to be paid out of H.M. Revenue of
Quit-Rents in this Colony for several arms and ammunition
ordered to be sent in hither. |
|
H.E. and Council, finding that it will be very much for H.M.
interest and service and the security of the ships now in the
country that they have a convoy, but forasmuch as Capt. Moodie
saith in his letter of Jan. 4 that being now under the orders of
the Lord High Admiral, he is not safe in obeying another (see
Minute of Council, Jan. 5), to which H.E. in Council did declare
his opinion, to which Capt. Moodie hath given no answer, by
reason of which delay the Council cannot proceed to give any
orders to Capt. Moodie in relation to the ships, they therefore
think it for H.M. service that H.E. issue his commands to
Capt. Moodie requiring him to give his positive answer whether
he doth insist that he is not under the order of this Government,
or whether he will take the said ships under his convoy and sail
directly for England, upon his receiving orders from H.E. for
that purpose. |
|
Mr. Harrison gave his report upon Col. Willson's complaint
against Capt. Moodie, that Capt. Moodie be obliged to give bond
with good security for the keeping of H.M. Peace |
|
Petition of several masters of ships, praying that they may
be allowed to sail for England with H.M.S. Southampton referred
till Capt. Moodie returns his answer. Since they represented
in their petition that he had sent up James River to hasten the
ships there in order to go under his convoy, H.E. directed a copy
of above petition to be sent to Capt. Moodie, and that he give
H.E. an account whether he hath given such notice, by what
authority, and how far he proposes to convoy the said ships.
[C.O. 5, 1409. pp. 273–275; and 5, 1412. pp. 28–30.] |
Jan.14.
St. James's |
175. Order of Queen in Council. Approving above draught
of a Commission for Governor Seymour, and ordering a warrant
to be prepared for H.M. signature accordingly.Signed, John
Povey. Endorsed, Recd. 20th, Read March 23, 1702/3. 1 p.
[C.O. 5, 715. No. 70; and 5, 726. p. 254.] |
Jan. 14.
Office of
Ordnance. |
176. Board of Ordnance to the Council of Trade and
Plantations. The arms and ammunition directed to be sent
to Virginia, Aug.6, are ready. But Mr. Micaiah Perry, concerned
for that Colony, having this day been with us and desired that
the sending of them may be deferred till the summer, when there
will goe a considerable fleet and convoy, and the season of the
year will be much safer and better; and because a storehouse is
erecting in Virginia for the security of them, which then will be
ready for their reception, we shall defer sending them till then,
unless you shall think it for H.M. service to have them go sooner,
in which case we shall send them by some ship going with the
first convoy. Signed, J. Granville, Wm. Bridges, C. Musgrave,
J. Pulteney. Endorsed, Recd. Read Jan. 19, 1702(3). Addressed.
1 p. [C.O. 5, 1313. No. 13; and 5, 1360. p. 361.] |
Jan.14.
[4th, 11m. (Jan. 1702). |
177. William Penn to William Popple. Esteemed Friend,
I cannot yet answer the last letter I had by order of the Lords
Commissioners for Trade etc., because I have not been yet able to
overhawl my papers, but hope to do it in a day or two. For the
first, the security will be given in to-day or to-morrow, one of
ym has been indisposed, wch. has prolonged it, wch. is what
now offers from Thy assured friend. Signed, Wm. Penn.
Endorsed, Recd. Read Jan. 14, 1702/3. Holograph. Sealed
Addressed, For Wm. Popple, Esq., at the Plantation Office at
Whitehall. ¾ p. [C.O. 5, 1262. No. 17.] |
Jan. 14.
Whitehall. |
178. Council of Trade and Plantations to the Earl of
Nottingham. Enclosing extracts from Governor Dudley's letters
Sept. 17 and Nov. 10, 1702, relating to provisions and men which
he was ordered to send to Jamaica, and two Addresses to H.M.
from New Hampshire. Signed, Weymouth, Robt. Cecill,
Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior.
[C.O. 5, 751. Nos. 47, 47.i.–iv.; and 5, 910. p. 353.] |
Jan. 14.
St. James's. |
179. Order of Queen in Council. Approving draught of
Instructions relating to the Acts of Trade and Navigation, Jan. 13,
for Governor Lord Cornbury, and ordering them to be prepared
for H.M. signature. Signed, John Povey. Endorsed, Recd.
Read Jan. 25, 1702/3.½p.[C.O. 5, 1084. No. 13; and 5, 1119.
p. 348.] |
Jan. 14.
St. James's. |
180. Duplicate of preceding Order of Queen in Council.
Endorsed, Recd. 20th, Read March 23, 1702/3. ¾p.[C.O. 5,
1084. No. 14; and 5, 1119. pp.431, 432.] |
Jan. 14.
St. James's. |
181. Order of Queen in Council. Appointing, upon the petition
of William Atwood and Thomas Weaver, the complaints against
them to be heard before H.M. at this Board Jan. 21st, and that
on or before the 18th each party do interchangeably give true copies
to the other of all such papers as they intend respectively to
make use of at the hearing of the said complaints, and that the
said partys have likewise copies of all such papers or parts of
papers remaining in the Council Office, or with the Lords Commissioners of Trade and Plantations they shall think necessary
for them respectively at the said hearing. Signed, John Povey.
Endorsed, Recd. Read Jan.14, 1702/3. ¾p. Enclosed, |
|
181. i. Petition of William Atwood and Thomas Weaver to
the Queen. Pray for copies of papers as above, and that
the hearing of their case appointed for Jan. 14 be
deferred. Signed, Wm. Atwood, T. Weaver. Copy.
1¼ pp.[C.O. 5, 1084. Nos. 15, 15.i.; and 5, 1119.
pp. 331–333.] |
| Jan. 14. |
182. Sir B. Gracedieu to Wm. Popple. John Walter, late of
the Council of Jamaica, being dead, I request you to recommend
to their Lordships Capt. Thomas Hudson.Signed, Bartho.
Gracedieu. Endorsed, Recd. 16th Nov., Read Dec. 10, 1702.
[sic]. ½ p. [C.O. 137, 5. No. 93.] |
Jan. 14.
Whitehall. |
183. Journal of Council of Trade and Plantations. Letter
to the Earl of Nottingham, with enclosures, signed and sent. |
|
Letter from Mr.Eccleston and Mr.Wyeth relating to the Act
of Religion, Maryland, read. Ordered that a Report be prepared
wherewith to lay the said Act before H.M. (as being the same
with the Bill that was sent over thither) in order to H.M.
approbation. |
|
Mr. Wharton presented to the Board a paper containing Articles
of complaint against Mr.Partridge, Lt.-Gov. of New Hampshire,
together with Depositions etc. Whereupon he was ordered to
attend on Monday next in the afternoon, together with the
persons who have made the said Depositions. And in relation to
the Draught of a Charter now lying before this Board for the
importation of Naval Stores from New England, upon his desiring
their Lordships would please to mitigate the strictness of the
clause proposed by them against stock-jobbing, he was ordered
to bring in writing, at the same time, what further proposals the
undertakers may think fit to make. |
|
Letter from Mr. Penn of this date read. |
|
Papers relating to the Counsellors of Jamaica laid before the
Board, and ordered to be taken into consideration when there
shall be occasion to fill up the names of Counsellors in the Jamaica
Instructions. |
|
Letter from Col. Codrington, Oct. 14, read. |
|
Letter from Lt.-Gov. Partridge, Oct. 30, read. Ordered that
extracts be sent to Col. Dudley. |
|
Draught of letter with enclosures to Col. Dudley agreed upon. |
|
Memorial from the people of the Bahamas against Capt. Hasket,
etc. received from Mr. Graves, were laid before the Board. |
| Jan. 15 |
Upon intimation that the hearing of the complaints
against Mr. Attwood and Mr. Weaver before H.M. in Council
had been put off till the 21st, their Lordships examined the
abstracts of all the letters received lately from the Lord Cornbury,
and ordered copies to be made of his letters of June 26 and
Sept. 29 and extracts from that of Sept. 17, in order to the transmitting them by the hands of Mr. Thrale to the Attorney General
for such use as he shall think fit to make thereof at the said
hearing. |
|
Mr. Attwood and Mr. Weaver presented to the Board H.M.
Order in Council of Jan. 14 (q.v.), which was read. And they
thereupon desiring because of the shortness of the time for copying
so many papers as they may have occasion for, that they may
have liberty to take notes of the depositions against them
transmitted by the Lord Cornbury, ordered that they be permitted
to take notes of those depositions. They also desired to have
copies of some other papers, whereof they would bring a list, but
had it not now ready; and their Lordships thereupon agreed
to meet at four a clock this afternoon (at wch. time they said
they would bring in their said list) in order to determine what
to do thereupon. |
|
Draught of a Representation upon the Maryland Act for the
establishment of Religious Worship was agreed upon. |
|
Post Meridiem.—Mr.Attwood and Mr.Weaver presented to
the Board a list of papers whereof they desire copies, which was
read. But the same being in divers articles general, and, as
their Lordships conceive, not contained in the number of such
papers as H.M. Order in Council does intend, they were ordered
to bring in another list to-morrow morning, which they promised
to do. |
|
Ordered that the other Commissioners of this Board not now
here be desired to attend to-morrow morning upon this occasion. |
| Jan. 16. |
Copy of Mr. Attwood and Mr. Weaver's petition to H.M.
referred to in the Order of Council, Jan. 14, read. The new list
of papers desired by them was now sent in and read, and their
Lordships finding thereby that the said papers are so voluminous
that they cannot be copied in several months' time, and that
the greatest part of them do relate to transactions not only in
the time of the Earl of Bellomont, but even of Col. Fletcher's
Government, which their Lordships do not conceive have any
relation to the present case; they were pleased thereupon to
transmit the said lists with a copy of H.M. Order in Council
relating to this matter to the Earl of Nottingham, desiring an
explanation by his Lordship how they are to proceed therein.
Mr. Weaver who attended in behalf of Mr. Attwood and himself
was afterwards called in, and told that their Lordships did
conceive many of the papers desired by them to have no relation
to the present business and not intended by H.M. Order in Council
to be given them; but that the whole cannot possibly be
transcribed in the time limited, and that their Lordships had
thereupon desired the sence of the Order of Council might be
explained, concerning which they were ordered to attend again
on Monday morning next for a further answer. |
|
Mr. Thrale attending afterwards upon the same occasion, the
copies and extracts of the Lord Cornbury's letters ordered yesterday to be transcribed, were delivered to him to be communicated
to the Attorney General. Mr. Thrale also communicated to
the Board a copy of Mr. Attwood's answer to the Lord Cornbury's
reasons for suspending him from his offices, the same having been
laid before H.M. on Thursday. [C.O. 391, 15. pp. 364–374;
and 391, 97. pp. 33–43.] |
Jan. 14.
St. Jago de la Vega. |
184. Minutes of Council of Jamaica. Ordered that the
Receiver General buy up two pipes of Madera, two hogsheads of
ale, glasses, pipes, tobacco and candles, to be put and remain in
the King's House for the use of the Governor. |
|
Committee appointed to receive the goods saved out of the
fire at Port Royal (Capt. John Lewis, Ezekiel Gomers, and Moses
Yesurun Cordoso). |
|
Proclamation ordered to be published. Anne by the Grace of
God etc. Queen, Whereas several evil-disposed persons under the
umbrage and pretence of helping the miserable and distressed
inhabitants of Port Royal in the time of the late dreadful fire,
did plunder, take and carry away great quantities of all sorts
of goods, merchandizes, gold, silver, jewels and plate, and do
still conceal and deteyne the same from the Proprietors, contrary
to the Laws or the rules of Christianity or even common humanity,
we have therefore thought fit by and with the advice of the
Council of that our Island, to publish and proclaim to all our
subjects of that Island that have saved any goods etc. not belonging
to themselves out of the said fire, that in eight and forty hours
after the date hereof they bring in all such goods into H.M.
Fort Charles to be delivered to the [above] Commissioners, to
the end that all things may be brought to public view and the
poor sufferers receive what is saved belonging to them. And
whosoever shall contrary to this our Proclamation still deteyne
or conceal or imbezel any such goods etc., upon proof thereof
they shall be prosecuted as felons, and our Attorney General
and all other Justices of the Peace are hereby required to secure
all such offenders, that they may be prosecuted accordingly.
And we do strictly charge and command all our loving subjects
whatsoever to be aiding and assisting in discovering and
apprehending such offenders, as they will answer to the contrary.
Witness, Thomas Handasyd, our Lieut.-Governor, Jan. 14, 1702/3. |
|
The Council desired the Governor to write to the Admiral to
give him an account of the names of the [above] Commissioners,
and to request him to order what goods etc. should be found
by the search appointed by him into their hands at Fort Charles.
[C.O. 140, 6. pp. 114–116.] |
| Jan. 14. |
185. Minutes of Council of New Hampshire. Upon reading
the petition of Mrs. Loue Shirburne wherein she complains of
John Lane, of Hampton, for not paying her the rent of her house,
lands etc., ordered that both parties attend on Monday next.
[C.O. 5, 789. p. 123.] |
Jan. 14.
ortsmouth. |
186. Minutes of Council in Assembly of New Hampshire.
The House desired the perusal of the Treasurer's accounts, which
were sent down accordingly. |
| Jan. 15. |
Message sent down referring to the fortifications on Great
Island, and a copy of the Governor's Speech thereupon. Conference thereon summoned. |
| Jan. 16. |
Vote relating to the fortification on Great Island sent up and
agreed to. |
|
Ordered that Mr. Treasurer do with all possible expedition
let to farm the duty of excise for the year ensuing. |
|
Vote about reviving the Act of Impost sent up. [C.O. 5, 789.
pp. 127–130.] |
| Jan. 15. |
187. Wm. Attwood and Thomas Weaver to the Council of
Trade and Plantations. Praying for copies of Addresses, Depositions, Minutes of Council and Reports relating to their case,
extending back to Lord Bellomont's time. Signed, Wm. Atwood,
T. Weaver. Addressed. 2½ pp. [C.O. 5, 1084. No. 13.] |
Jan. 15.
Whitehall. |
188. Council of Trade and Plantations to the Earl of
Nottingham. Having received an Order of Council, by which
we are directed to deliver to Mr. Atwood and Mr. Weaver on or
before Monday next the copies of all such papers remaining
with us as they shall think necessary for them at the hearing
before H.M., and they having thereupon demanded of us the
papers contained in the list [Jan. 15], which have not only a
retrospect to 1693, but are also so very numerous as not to be
transcribed in less than a month, the same containing in effect the
whole transactions of Col. Fletcher's and Lord Bellomont's
Governments, we humbly desire an explanation how we are to
proceed, in respect that the hearing is appointed for Thursday,
and that their demand of the said papers, as we conceive, tends
only towards the running into the proceedings of the past Governments of New York, and recriminating the present administration.
Signed, Dartmouth, Weymouth, Robt. Cecill, John Pollexfen,
Mat. Prior, Ph. Meadows, Wm. Blathwayt. 1 p. [C.O. 5, 1084.
No. 14; and 5, 1119. pp. 334, 335.] |
Jan. 15.
Portsmouth. |
189. Minutes of Council in Assembly of New Hampshire.
Ordered that the Act to prevent the exportation of wool out of
the Kingdoms of Ireland and England into foreign parts and
for the encouragement of the woolen manufacturers in the
Kingdom of England be published by the High Sherif with beat
of drum etc., having been hitherto neglected, which was accordingly
done. [C.O. 5, 789. p. 133.] |
| Jan. 15. |
190. Minutes of Council in Assembly of Jamaica. The return
for St. Elizabeth's showed that Odoardo Lewis and William Vassall
were chosen. |
|
Thomas Brayne, John Asycough, Col. Lewis and Robert Meakin
were sworn Members of Assembly. |
|
The House desired a new writ to be issued for St. George's
parish, to which the Governor assented. |
| Jan. 16. |
Major Clark and Capt. Freeman were sworn Members of
Assembly. |
|
The House acquainted H.E. and Council, that having taken
into consideration the ill-consequences that may accrue to H.M.
Revenue for want of the fixt place where the merchants and
masters of ships, which are dayly expected, and others concerned
may apply themselves to the several offices to enter their ships
and pay in their customs, they desired them to ascertain the same.
Ordered thereupon that the Receiver General bring the Queen's
books to St. Jago de la Vega and keep them there till further
order. [C.O. 140, 6. pp. 421, 422.] |
| Jan. 15. |
191. Minutes of Council of Virginia. Upon reading the Order
of H.R.H. the Lord High Admiral, June 24, 1702, to Capt. Moodie
to make the best of his way to Newfoundland, together with
Capt. John Leake's orders to the same effect, but that in case
Capt. Leake should be gone before his arrival, to make the best
of his way after him to England, H.E. and Council observe that
Capt. Moodie did not receive said orders till Dec. 14, and at that
time was not in a condition to sail, nor could be in less than
5 weeks, by reason of his want of provisions, sickness of his
men and other inconveniences, since which H.E. hath had an
account that Commodore Leake is safely arrived in England with
his fleet and prizes, so that in all probability the service for
which Capt. Moodie was designed is long since over, and it having
been represented to H.E. and Council, by Capt. Moodie and
diverse masters of merchant ships that the season of the year
will not permit H.M. said ship to go upon the coast of Newfoundland, and there being now in this Colony diverse ships bound for
England, some whereof are ready to sail and others will be in a
short time; and H.E. and Council finding by the Lords Justices'
Instructions Sept. 13, 1698, that no ships are to be permitted
to sail out of this Colony in time of war except in fleets or at
such time as shall be notified for their meeting of convoys, and
that there is no advice of any such convoy designed hither this
spring, so that if this opportunity is once lapsed the said ships
may in all probability be in this Colony all this summer, which
will not only be the ruin of the ships and loading, but also endanger
the lives of the seamen, H.E. and Council with all deference to
the Orders of H.R.H., are humbly of opinion that it will be very
much for H.M. interest and service, and the advantage of all H.M.
subjects concerned in tobacco and shipping as well in England
as here, that Capt. Moodie take under his care all such ships as
shall be ready to sail with him March 4th, and convoy them
directly for England, and that H.E. issue his orders to
Capt. Moodie accordingly; and that, considering the above
reasons, H.E.'s Order and his hand and the seal of the Colony
will be sufficient to indemnify Capt. Moodie for his staying and
sailing with them; and are confirmed in this opinion by
Capt. Moodie's orders from the Admiralty, June 25, 1701, which
add, "when you shall receive orders from this Board for the
returning home, you are not to leave the Colony before you have
given timely notice thereof to the Governor, that so, if any
immediate occasion should happen of service, the same may not
be disappointed for want of the said Governor's knowing how
you intend to proceed." |
|
Ordered, that Capt. Moodie appoint the place for the fleet to
make up. |
|
Ordered, that the ships sail March 4th, whether Capt. Moodie
stays or not. |
|
The proceedings of Council being read to the Masters of ships
who petitioned H.E. Jan. 13, they all declared their satisfaction
therewith. |
|
Ordered that the Collectors and Naval Officers do not clear
any ships after the fleet is sailed. |
|
Writs were signed for the election of burgesses for the General
Assembly to meet on March 17th. |
|
Proclamation ordered for returning lists of all officers, civil
and military, and of the county and parish levies being prepared.
[C.O. 5, 1409. pp. 275–277; and5, 1412. pp. 30–32.] |
