|
| March 26. |
The Council met and adjourned. |
| March 27. |
Petition of Mr. Secretary Jenings praying the direction of the
Board touching the removing the Records of his office, the place
appropriated for them in the Capitol not being as yet finished,
referred to the Burgesses. |
|
Petitions of Mr. Jenings, Tho. Blunt, Interpreter, for allowances,
referred to the Burgesses. |
|
Resolution sent down proposing the establishment of a Ferry
between Tindal's Point and West Point, from Coppohosick to
the land of Capt. Baldwin Matthews. [C.O. 5, 1412. pp. 470–472.] |
| March 25. |
516. Journal of House of Burgesses of Virginia. Christopher
Neale was allowed to withdraw his complaint upon the election
of Northumberland County. |
|
Major Arthur Allen, charged with a breach of privilege committed at the election of Surrey County, was sent for in custody
of the Messenger. |
|
The propositions and grievances of Norfolk and Stafford Counties
not being attested as the Law directs, were rejected. |
|
Several propositions and grievances were referred to the Committees. |
|
And see preceding abstract under date. |
| March 26. |
Mr. A. Armistead granted leave to return home. |
| March 27. |
Resolution of the Council referring to the Ferry, and Mr.
Jenings' petition referred to Committee. |
|
And see preceding abstract under date. |
|
Major Arthur Allen's petition read. Ordered that the process
for bringing him in custody be stayed, and that he attend on
Wednesday to answer the charge against him, with other evidence.
[C.O. 5, 1413. pp. 16–20.] |
| March 26. |
517. Minutes of Council of the Massachusetts Bay. 10l. paid
to Mr. John White, Chaplain to Port Mary at Saco, for ten weeks'
service. [C.O. 5, 789. pp. 493, 494.] |
| March 26. |
518. Minutes of Council in Assembly of the Massachusetts
Bay. Additional Duty Bill sent up with the concurrence of the
Representatives. |
|
Bill for the better inquiry into the rateable estate of the
respective towns was returned by the Representatives with a
message that the House insisted thereon. It was again read
and the Council reasumed their former vote and passed a
concurrence thereto. |
|
H.E. proposed a Conference with the Representatives upon
their motion sent up yesterday referring to the insulting of Port
Royal, which was held. H.E. said that he accepted the motion
as a great and good service for H.M., and for the repose of this
country, and apprehended it feasible to be put in execution, if
the House be unanimous and steady to promote the same, and
would agree to make up by a detachment so many soldiers as
the number of volunteers should fall short of 1,000 land forces.
And conference being had upon the whole of that affair, it was
left to consideration of the House. |
|
The Bill for continuing of the apportioning of the tax granted
by the last Assembly, being sent up from the Representatives
with their agreement to the Reform proposed, was read, and a
concurrance passed thereto. |
|
Report of the Committee upon the proposals of William
Chalkhill, was read, the said report being in favour of an agreement
for 5,000l. only, and that in pence. |
| March 27. |
The Representatives sent up their former motion for the
taking of Port Royal and places adjacent, with a message that
they had considered what had been offered at the Conference,
but could proceed no further therein than according to their first
proposal. |
|
The motion was read: "Whereas we are daily infested by
the enemy liveing at Port Royal and likely to be deprived of
our provisions that we have our great dependance upon for our
subsistance by their vessels that are continually taking their
opportunitys to surprize the same, and are thereby forced to be at
great cost and charge to provide ships and forces for our security
therefrom, we are of opinion that an essay should be made for
the takeing of Port Royal and the places adjacent, and that
encouragement be given to such volunteers as may present to
engage in that service by allowing them all the plunders thereof,
saving the rights of H.M., and that the Province shall supply
them with victuals for carrying on the said expedition. Which
motion was consented to by the Council, with this addition, that
what men are wanting of volunteers to make up 1,000 be drawn
out of the several Regiments in the Province, and that there be
three ships and a necessary number of vessels, also 300
sailers taken up for the service, that so noble a work may not
be offered at and faile on our parts. Sent down to the
Representatives and returned back with their non-agreement to
the said addition. |
|
Bill against the diminishing and counterfeiting of money was
sent up, read a first and second time, and passed to be engrossed. |
|
Bills for the better enquiry into the rateable estate of the towns,
for apportioning the tax, and continuing duties, sent up, were
read and passed. H.E. gave his consent, and signed them. |
|
95l. 13s. 9d. paid to James Russell and the Committee appointed
to imprint and sign the Bills of Credit, according to a report of
the Representatives who proposed the thanks of the Court to
these gentlemen for their faithful care and prudence in managing
this affair. |
|
Ordered that the Committee proceed to sign the other 5,000l.
of the 10,000l. Bills of Credit ordered by the last Assembly. |
|
The difference continuing betwixt Col. Romer, H.M. Engineer,
and Capt. Timothy Clarke, of the Committee for the Fortifications
on Castle Island, notwithstanding endeavours used to take up the
same, whereby the carrying on the works is obstructed, the
Council are of advice that Col. Romer be encouraged to proceed
in those works and Capt. Clarke be dismissed, and that Thomas
Brattle do continue to undertake the service of providing materials
and necessaries for the workes. Which vote being sent down, was
returned with the vote of the Representatives, that they saw no
just cause for diminishing of Capt. Clarke, yet if H.E. and Council
see it necessary, they do consent that the works at the Castle be
carried on by Col. Romer and Thomas Brattle, rather than the
work should cease. |
|
The Report of the Committee upon the proposals of Mr.
Chalkhill was sent down to the Representatives and returned
with their resolve, that it be accepted and that a Committee be
appointed to draw articles of agreement with him, and that
the convenants and engagements of the Committee in this affair
should be ratified by this Court. This resolve was not agreed
to, but referred to consideration at the next Court, if then
offered. |
|
The vote of the Council, March 13, for accepting the Report of
the Committee about erecting a fortification at Pemaquid sent
down to the Representatives, was sent up with a non-acceptance
thereof by that house. |
|
5l. paid to Stephen Minott for firewood etc. for this Court. |
|
Bill against diminishing money, sent up, was read and passed,
and received H.E.'s consent. |
|
Ordered that the Acts passed this Session be published in
Boston on Monday, March 29, by the Sheriff, at twelve a clock,
with beat of drum. |
|
H.E. summoned the Representatives and dissolved the Court.
[C.O. 5, 789. pp. 808–812.] |
| March 27. |
519. Governor Lord Cornbury to the Council of Trade and
Plantations. Having left New York in order to go into New
Jersey on the 10th of August, I arriv'd at Amboy on the 11th,
and that day published my Commissions for the Government of
that Province, having been met by several of the Gentlemen of
the Council, and some of the Proprietors; the next day I proceeded to Burlington, where I arrived on the 13th after noon,
it being between fifty and sixty miles from Perth Amboy. I
immediately published my Commission there, and would have
had a Council that night, but some of the Gentlemen of the Council
were ill with riding, it being a very hot day, but the next morning
I called a Council, where there appear'd ten of the thirteen, of
which the Council was to be composed, in pursuance of H.M.
instructions to me; Mr. Hunlock and Mr. Leonard being dead,
before I received H.M. Commission and Instructions for that
Government, and Mr. Andrew Bowne was not able to travel so
far; after I had taken the Oaths and subscribed ye Test and
Abjuration, I administered the same to as many of the Gentlemen
of the Council as were willing to take them, that is, Mr. Morris,
Mr. Reuell, Mr. Pinhorne, Mr. Walker, Mr. Leeds, Mr. Sandford
and Colonel Quary, but Mr. Fennings, Mr. Davenport and Mr.
Deacon, being Quakers, said they could not take an Oath, and
claim'd the benefit of the Act of Parliament passed in the seventh
and eighth of King William; this begot some debate among
the other Gentlemen of the Council, one of them saying that he
was of opinion that ye Act above mentioned was not intended
by the Parliament of England to ease the Quakers any further
than only in cases where they were to be witnesses in Courts of
Judicature, where their declaration was to be sufficient, but he
said he did not believe it was ever intended they shou'd be by
that Act entituled to hold any employment in Government;
he further said, that the Act by which the Abjuration Oath was
enacted, had no exception in it, and that that Act having been
passed long after the Act by which the Quakers were eased,
and no exception for them in it, he thought they ought to take
that oath. The Quakers insisted not only upon the Act of the
seventh and eighth of the late King, but likewise said, that they
knew I had instructions to admit them into any offices or
employments which they should be found capable of (by this
I found, that the information I had formerly had, was true, that
is, that Mr. Morris had brought a copy of my Instructions with
him into the Province, when he came from England) I look'd
into my Instructions, and found that in the 49th paragraph I
am commanded to administer, or cause to be administered the
Oaths therein mentioned to the Members and Officers of Council
and Assembly, and to all Judges, Justices, and all other persons
that hold any Office or Place of Trust or Profit in the said Province,
and without which I am not to admit any person whatsoever
into any publick office; this I thought was very plain against
the Quakers, but they desiring me to look farther, I found in
the 52d paragraph these words: "And whereas we have been
farther informed that in the first settlement of the Government
of our said Province, it may so happen that the number of
inhabitants fitly qualify'd to serve in our Council, in the General
Assembly, and in other Places of Trust or Profit there, will be
but small; it is therefore our will and pleasure that such of the
said people called Quakers as shall be found capable of any of
those Places or Employments and accordingly be elected or
appointed to serve therein, may upon their taking and signing
the Declaration of their Allegiance to us in the form used by the
same people here in England, together with a solemn Declaration
for the true discharge of their respective Trusts, be admitted
by you into any of the said Places or Employments." Whereupon
I told the Gentlemen of the Council, that I thought it very plain
by that paragraph in my Instructions, that it was the Queen's
pleasure they should be admitted to sit and vote in Council,
signing the Declarations required, which they did, and were
admitted; they likewise signed the Abjuration in a roll by
themselves, only altering the word (swear) to the word (declare).
Thus that matter stands now, but I intreat your Lordships'
directions what I must do for the future; I must needs say that
whoever it is that has inform'd H.M. and your Lordships, that
the number of inhabitants fit to serve the Queen would be but
small, without admitting the Quakers, either did not know the
country, or else were not willing to own the truth they did know,
for it will appear by the accounts I hope to send your Lordships
shortly of the number of inhabitants of that Province, that the
Quakers are much less in number than those that are not Quakers,
however that they might not say, or think, that I had any
prejudice to them as Quakers, I have put several of them into the
Commission of the Peace; if they approve themselves good servants
to the Queen, I have no more to require of them. I hear since
I came from thence, that they do not like the settling the Militia,
which I have begun, and hope to perfect in a short time, I mean,
the Quakers, who would have no Militia at all, but the rest of
the people are very well pleased that they are like to be put into
a condition to defend themselves, which they have not been yet;
at Burlington, the first thing we proceeded upon, was to settle
some Courts, and in order to it, I asked the Gentlement of ye
Council, what Courts they had had under their proprietary
Government, they said that their Courts were never very regularly
settled; but such as they were, it was under this regulation,
first they had a Court for determining all causes under forty
shillings, and that was by any one Justice, and if either of the
parties did not like the judgement of that Justice, he was at Liberty
to have a tryal by a jury, paying the charges of the first Suit;
which I think, was to render the benefit intended by the settling
those Courts ineffectual; the next Court they had, was a quarterly
Court, where the Justices of the Peace determin'd all causes
under ten pounds; then they had a Court, which they call'd
the Court of Common Right, where all causes both criminal and
civil were heard and determined, and to this Court there lay an
appeal from the Quarterly Courts; this Court of Common Right
consisted of the Governor and the Council, and if any man thought
himself aggriev'd by the sentence of the Court of Common Right,
then he might appeal to the Governor in Council, which was
appealing from, to, the same persons; this being the account
they gave me, I told them I thought a Court for determining
all Causes under forty shillings might be very useful; but I
thought it ought not to be in the power of one Justice of Peace
alone, but rather three, and that the judgement ought to be
definitive; this they approved of, and so it is settled till the
Assembly meets, when I will use my best endeavours to prevail
with them to settle it by an Act; then I told them, I thought the
Courts which sate quarterly in the Province of New York, were
more regular than theirs, for there the Quarterly Courts are held
in each County by a Judge of the Common Pleas, and four Justices
Assistants, whereof three make a quorum, and the Judge of the
Common Pleas or the first Assistant-Justice always to be one;
this they likewise approved of and those Courts are so settled
by an Ordnance of the Governor and Council, till your Lordships
shall be pleased to direct otherwise; I have appointed Sheriffs
and Justices of the Peace throughout the whole Province, and
as I desired the Gentlemen of the Council to give me ye names
of such persons as they thought proper, to be put into the
Commissions of the Peace and Militia, so I endeavour'd to choose
out such among them, as by the best information I could get,
were the most likely men to joyn with me in endeavouring to
reconcile the differences that have caused so much disorder in
that Province, and which I am afraid will not be presently brought
to pass, however I do assure your Lordships, nothing shall be
wanting in my endeavors to perfect that work; I have already
recommended that matter to the Council, and shall likewise do so
to the General Assembly, as soon as they meet, which will be the
6th day of November at Perth Amboy; I must acquaint you
that when first I acquainted the Council, that the Queen had
by her instructions commanded me to call a General Assembly
with all convenient speed, they were extreamly pleased with it,
but there arose some debate about the method of issuing ye
Writs, because some of them said the Writs ought to issue under
the Great Seal of the Province, and there being no Great Seal
yet come, that could not be; some were of opinion, the Proprietors'
Seal of West-Jersey should be made use of; others were for
that of East-Jersey; at last it was resolved that I should issue
the Writs for this time under my own Seal, reciting the power
the Queen has been pleased to grant to me under the Great Seal
of England, for the Government of the Province, and for the
calling and holding of Assemblies, this was the only expedient
could be thought of, to have an Assembly, which they were not
willing to stay for till the Seal should come. I hope I have not
done amiss in this matter, it was not of my own head alone I
did it, and it was intended for the service of the Queen and the
Country. I have quite settled the Militia of the Western Division,
and I have begun to settle that of the Eastern Division likewise.
Thus I have given your Lordships a faithfull account of the
present condition of Nova Cæsarea or New Jersey; only I must
add, that there is no fortification in all the Province, no stores
or ammunition, nor no publick storehouse, nor so much as a
house for a Governor to reside in; I hope the Assembly will
provide for that; as soon as anything occurs, relating to that
Province, I will acquaint your Lordships with it, in the meantime
I intreat you to believe, that I will at all times observe all
such orders and directions as you shall think fit to send. Signed,
Cornbury. |
|
P.S.—Just as I was going to seal up this letter, I am
inform'd the people in New-Jersey are much disturb'd at
the limitation prescrib'd in the qualifications of persons fit
to choose and be chosen for the Assembly; and indeed it
will happen that some very good men will not be chosen,
because they have not 1,000 acres of land, though perhaps
they have six times that value in money. [C.O. 5, 994A.
pp. 135–144.] |
| March 27. |
520. Minutes of Council of Virginia. H.E. demanded of
Mr. Benjamin Harrison, H.M. Council at Law, to give his opinion
who are the persons qualified to administer any oath within this
Government. Mr. Harrison desiring time, it was granted him.
[C.O. 5, 1142. p. 51.] |
| March 29. |
521. Minutes of Council of Virginia. Upon the petition of
Anthony Armistead praying that a hue and cry may issue for
apprehending a negroman of his who hath broke open a store and
is supposed to be run into the Government of North Carolina,
ordered accordingly. |
| March 30. |
H.E. laid before the Council H.M. Royal Letter for a contribution
of money etc. to New York, and prest the question whether they
will comply with H.M. commands in granting the 900l., since
their giving their opinion in that matter before the House of
Burgesses proceed thereon, he conceives will be a means to induce
that House to a complyance. The Council unanimously made
answer that " we shall be always ready to contribute to the utmost
of our power for H.M. service, either as Council to H.M., or as
we are part of the General Assembly. Accordingly, so soon as
H.E. communicated to us H.E.'s gracious letter relating to New
York, we advised that a General Assembly should be called with
all possible expedition. After it had met, we heartily joined
with your Excellency in recommending the said letter to the
serious and mature deliberation of the House of Burgesses. The
said House being possessed of the said letter for near a fortnight,
and as we suppose almost ready to come to a resolution thereupon,
we humbly conceive that in all grants of money, for the Council
to declare their opinion before the House of Burgesses give their
answer about them, is contrary to the practice and proceedings
of Assemblys, and we are doubtful might beget a misunderstanding,
the said House being tender of their privileges, and by consequence
might prove prejudicial to H.M. service in general, and to the
good management of this affair in particular, and therefore with
submission are unwilling to declare our previous assent or dissent
to the Resolution of the said House in this matter." |
|
H.E. then acquainted the Council that (since he found they
disagreed in the main to his recommending H.M. Commands to
the House of Burgesses upon the terms proposed in his former
question) he now put this question to them, whether they as a
Council, or as a Council in Assembly judge it for H.M. service
to use their endeavours to perswade the House of Burgesses to
a complyance either by message, conference, or such other way
as they think proper. The Council answer, We shall be very
ready to do H.M. the best service that lyes in our power by
messages, conferences or any other way that may be thought
proper, as occasion shall be given from the proceedings of the
House of Burgesses. H.E. desired the opinion of the Council,
whether it be proper for him to move any further to the House
of Burgesses, either by speech or message in relation to H.M.
Royal commands for assistance to New York. The Council said
they knew of nothing at present, but if anything occurs to H.E.
for promoting that service, we shall be ready to give our opinion
therein as often as H.E. shall think fit to require the same. |
|
In reply to the answer of the Council to the first question
above, H.E. declared that he could not allow any prescription
in this country, nor any president or custom to take place contrary
to the prerogative; but if presidents could be admitted, yet it
cannot be made appear that ever there was a parallel case to
this. |
|
H.E. communicated to the Council letters from Governor
Lord Cornbury, June 11 and Nov. 19, pressing for the speedy
remittance of the quota, which he intended to send to the House
of Burgesses, and at the same time to acquaint the House that
if the country cannot at present advance the money, he will
lend them so much without interest. |
| March 31. |
Mr. Benjamin Harrison (see March 27) reported his opinion
as to those persons and bodies who were capable of administering
oaths in this country. H.E. directed him to cite the statutes
empowering them. [C.O. 5, 1412. pp. 51–55.] |
| March 29. |
522. Minutes of Council in Assembly of Virginia. Grievance
of Elizabeth City County, and petition of Chicheley Corbin Thacker
for allowance referred to the Burgesses. |
|
Petition of Roger Light to be appointed keeper of the Capitol,
referred to the Burgesses. |
|
Petition of Mr. Jenings, that it may be declared by whom the
50lb. allowed by Act of Assembly for every Military Commission
shall be paid, referred to the Burgesses. |
|
H.E. laid before the Council H.M. Letter for a contribution of
money etc. to New York, and acquainted them that pursuant
to H.M. commands he recommended that matter to their consideration, hoped he need not use many arguments to comply
therewith, and therefore expected that before their breaking up
this night, they would give him their result. And further, that
if the country wants money at present to advance towards the
assistance of New York, he will lend them, or if this Assembly
shall not think fit to comply with H.M. commands, yet he would
discharge his duty and advance the money himself, rather than
that service shall suffer. |
|
Ordered that the following message be sent to the House of
Burgesses:—"I am heartily sorry that I am obliged to acquaint
you (but if I did not do it I should fail in my bounden duty to
H.M., and be wanting in the very great affection, which I have
for this H.M. most ancient and great Colony and Dominion of
Virginia) that I received a letter dated in London Oct. 5, one
part of which is 'it was said that it appeared that the Assembly's
not complying with the Instructions about New York was by
my means, and that my proposing it alone would hinder it.' I
do most earnestly recommend to you to let me know your
resolution upon this affair, and then I hope in God a satisfactory
answer shall be given you by Fr. Nicholson." |
|
The Council took into consideration what H.E. recommended
to them in relation to New York, and finding it necessary to have
the advice of the Council therein, they, in regard Mr. Auditor
Byrd is lame and not able to attend here, and that Jno. Lightfoot
is absent, resolved to defer the further debate till to-morrow at
8 o'clock at Mr. Auditor's Chambers. |
| March 30. |
See preceding abstract under date. |
|
Resolution of the Burgesses sent up, that it doth appear to the
House that the last House of Burgesses did refuse to give the
900l. to New York, not because the Governor was the proposer
of it, but for other reasons at large enumerated in the Journal
of the said House. And that the report mentioned by H.E.
yesterday, is a false, scandalous and malicious report. |
|
Message from H.E. send down with Lord Cornbury's letters
(mentioned March 30 Minutes of Council), recommending the
matter to their serious consideration and offering to lend the
money required without interest. |
|
Resolve of the Burgesses, nemine contradicente, sent up, "that
this Country is not of ability to comply with H.M. commands
in contributing 900l. required for New York." They desired
the concurrence of the Council to this resolve, and that "if they
concur they will be pleased to join in a Committee to consider
of the best method to represent our circumstances of inability
to H.M." |
|
Ordered that the consideration of this resolve be deferred till
to-morrow. |
|
H.E. acquainted the Council that since the House of Burgesses
have put the matter upon this issue, that the country is not of
ability to contribute the 900l. to New York, the Council will do
well to consider the state of the country and to enquire into the
publick accounts, for that H.E. is satisfied that there is nigh half
of that money now in the bank, after deduction of all debts that
fund is now charged with, and as for the remainder, H.E. will
advance it, or if necessary the whole, upon the credit of those
imposition-Acts now in force, and if they shall prove deficient
will bear the loss himself. |
| March 31. |
Petition of Mr. Jenings for allowance was referred to the
Burgesses. |
|
Petition of John Redwood to be appointed Keeper of the
Prison and the Capitol referred to the Burgesses. |
|
H.E. sent down a message of thanks to the Burgesses for their
reply yesterday. |
|
The Council proposed a free Conference with the Burgesses
upon their resolve in relation to the 900l. for New York. The
Burgesses refused this until the Council should return the said
resolve with their concurrence or disagreement. The Council
replied that, not being sufficiently sensible of the reasons of that
resolve, they desired a conference on that subject, being the
constant and approved method to clear all doubts and keep
a good understanding between the two Houses of Assembly,
and cannot but be surprized at their denial of the same, and
knowing of no better way to come to a good agreement, insist upon
their desire of the said Conference as their undoubted right and the
usual method on such occasions. [C.O. 5, 1412. pp. 472–479.] |
| March 29. |
523. Journal of House of Burgesses of Virginia. Committee
appointed to examine the Treasurer's accounts. |
|
Grievances of Elizabeth City County and other petitions referred
to Committee. |
|
The House being called over, according to an order of Saturday,
ordered that Arthur Smith, Joseph Foster and Edwyn Thacker
be taken into custody of the Messenger to answer their default in
not attending the service of this House. |
|
Resolved, upon report of the Committee of propositions and
grievances, that the Ferry be continued in Middlesex County,
at the place appointed by law over Rappahanock River
to Chownings Point and Matron Wright's Plantation, and
that the price be altered, for a man 2s. 6d., for a man and
horse 4s. |
|
Resolved, that the propositions of Henrico and Charles City
County, that the Acts imposing a duty upon liquors and servants
and slaves be continued for 3 years after the time they run for,
for defraying the Burgesses' charges, and paying of officers that
attend the Assemblies, be rejected. |
|
Resolved, that some suitable provision be made to prevent the
inhabitants of this country from entertaining or harbouring any
Indians, or employing them to hunt upon any land belonging
to the inhabitants. |
|
Resolved, that the proposition from Charles City County for
renewing the Act for regulating the size and tare of tobacco
hhds. be referred till the revised Laws be taken into consideration,
suitable provision for the same being made therein. |
|
Resolved, upon the proposition from Charles City County, that
application be made to H.E. for the taking off the restraint laid
upon the taking up or surveying and patenting out lands; and
that this House doth disagree to the report of the Committee
that the other part of the proposition of the said County "that
no greater quantities than 640 acres be taken up in one tract,"
be rejected. |
|
And see preceding abstract under date. |
|
Mr. Arthur Smith discharged from custody of the Messenger,
paying his fees. |
|
Proposition of Charles City County for altering bounds of
parishes referred to next session. |
| March 30. |
Joseph Foster and Edwin Thacker (March 29) discharged from
custody of the Messenger, paying fees. |
|
Mr. Jenings' petition referred to Committee. |
|
Resolved, that Capt. Bully Robinson and Richard Drummond
are duly returned Burgesses for Accomack County, and William
Edwards for Surrey County. |
|
And see preceding abstract under date. |
| March 31. |
See preceding abstract under date. |
|
Petition of John Redwood referred to Committee. |
|
Resolved, that the propositions of Guy Smith and James Clack,
Clerks, for providing a method to prevent masters of ships etc.,
from leaving out tobacco after the receipt of notes for the same
be rejected, and that their proposition for prevention of slaves
working on the Sabbaoth Days be referred till the Revised Laws
be taken into consideration, suitable provision being made
therein. |
|
Resolved, that the proposition of James Westcomb for reviving
the Act regulating Clerk's fees be referr'd till the revised laws
be taken into consideration, suitable provision for the same
being made therein. The same with regard to the proposition
of Gloucester County for making a stricter law to compel the
freeholders to come to election of Burgesses. |
|
Resolved, that the grievance from Gloucester County be agreed
to, that no person shall kill any unmarked hog or shote except
upon his own or unpatented land, or among his own stock, and
in case he do kill any such, then he shall within 3 months go
to some Justice of the Peace, and make oath of the truth of it,
and thereupon obtain the Justices' certificate, otherwise to be
fined 150lb. of tobacco to the party complaining to be recovered
before a J.P., and in case the party offending cannot pay, then
he shall receive 15 lashes on his bare back. Ordered that a
clause for the same be added, in the revised Laws, to the Act
against stealing hogs. |
|
Resolved, that the grievance from Gloucester County for
making a law to bring persons to condign punishment, who shall
asperse jurors, be rejected, the party agrieved having remedy
at the Common Law. |
|
Resolved, that the grievance from Gloucester County, desiring
that the Highways be kept in repair, be referred till the revised
Laws be taken into consideration, suitable provision for the
same being made therein. |
|
Petition of James Minge for leave to bring in a Bill to enable
him to purchase convenient lands on Match Coats run to erect
a mill on (he having no land on either side of the said run) be
rejected. |
|
Resolved that the grievances of King and Queen, Surrey and
Isle of Wight Counties concerning the standard of Spanish money
be referred till the revised Laws be considered, suitable provision
for the same being made therein. |
|
Resolved that the grievance of Isle of Wight County, that the
allowance of 40lb. of tobacco per day for evidences' attendance
in Courts is too much, be rejected. |
|
Resolved that the grievance of Isle of Wight County, that no
allowance is allowed constables, be referred till the Revised Laws
be considered, suitable provision being made therein. |
|
Resolved, that a Bill be drawn making suitable provision
that there be no manner of abridgement in the elections of
Burgesses. |
|
And see preceding abstract under date. |
|
Major Arthur Allen was taken into custody and brought to the
bar of the House. Resolved, that nothing appeared proved
against him which is a breach of privilege. Exceptions being
taken to some words let fall by Allen in the first part of his defence,
ordered that he be called into the House to explain himself.
Mr. Speaker demanded of him whether he meant any reflection
upon Nathaniel Harrison or any Member of this House, to which
Allen answered, No, he had no prejudice against him, as he was
a Member of this House he had a respect and honour for him
and every member here. [C.O. 5, 1413. pp. 20–29.] |
March 30.
St. Jago de la Vega. |
524. Governor Handasyd to the Council of Trade and
Plantations. Refers to enclosures. With the advice of the Council
I have prorogued [the Assembly] to April 12, they seeming desirous
to be at home these Holydays, but am sorry to find they are so
severe in not providing quarters for the officers of the two
Regiments, and without it, or some money in lieu of it, 'tis
impossible for them to subsist on H.M. pay, considering the
extravagant prices of lodging, apparel, meat, drink and washing
at this time; for an Ensign's subsistence being but 17s. 6d. per
week, he nevertheless cannot have a chamber under 20s. per
week, and truely the climate is so violent hot that if their whole
subsistence were applyed to the quenching of their thirst in any
liquid here (water excepted) it could not suffice, since Madera
wine formerly 1s. 3d. per bottle is now 2s. 6d., English ale 3s. 9d.,
small beer 1s. 3d., wch. is occasioned by the unhappy burning
of Port Royal, where a vast quantity of provisions, stores etc.
were consumed. Yet am in hopes to find the Assembly in a
better temper after the expiration of the time of their prorogation,
and that they will consider this hardship seriously. Signed,
Tho. Handasyd. Endorsed, Recd. 19, Read 24 May, 1703. 1½ pp.
Addressed. Sealed. 1½ pp. Enclosed, |
|
524. i. Abstract of preceding. ¾
p. |
|
524. ii. Memorandum of Minister of Council in Assembly of
Jamaica, Jan. 13-March 25, 1703. ¼
p. |
|
524. iii. Minutes of Assembly of Jamaica relating to the
quartering of soldiers and setling of Kingston, Feb. 22,
23, 1703. Signed, And. Langley, Speaker. 6¼
pp. |
|
524. iv. Memorandum of Minutes of Assembly of Jamaica,
March, 1, 1702-March 25, 1703. |
|
524. v. Memorandum of Minutes of Council of Jamaica, Feb. 5March 25, 1703. ¼
p. |
|
524. vi. Memorandum of Account of Revenue, March 25Sept. 29, 1702. ¼
p. |
|
524. vii. Memorandum of an Act of Jamaica to invest H.M.
in land in Kingston for the reception of the sufferers
by the late dreadful fire at Port Royal, declaring Kingston
to be the chief seat of trade and head port of entry,
and fortifying West Chester. ¼
p. |
|
524. viii. Minutes of Assembly of Jamaica, Jan. 14–29, 1702/3,
relating to the setling of Kingston. 14 pp. [C.O. 137, 5.
Nos. 101, 101.i.-viii.; and (without enclosures) 138, 10.
pp. 467–469.] |
| March 30. |
525. Abstract of above letter. [C.O. 137, 41. p. 8.] |
March 30.
Admiralty Office. |
526. Lords Commissioners of the Admiralty to the Earl of
Nottingham. We have received your Lordship's letter of 24th
inst. with the extract of one from the Lords Commissioners of
Trade and Plantations, wherein 'tis desired that the seamen
belonging to H.M. ships bound to Newfoundland, may have orders
to assist in the work ashore there, and that a Boom may be sent
thither for the defence of the Harbour of St. John's. 'Tis
absolutely necessary for the service, that the men of war should
cruize off the coast for the security of the fishery and themselves,
until the Trade shall be ready to come away, so that their men
can't be spared from them. And as for masts to make the Boom,
they cannot be carried from hence in the men of war that are
going to Newfoundland, and therefore it is necessary the officers
at St. John's should be ordered to cut masts in the winter time
proper for this service, and to send them down thither on the
snow, which is the best and cheapest way we can think of. Signed,
D. Mitchell, Geo. Churchill, Richd. Hill, J. Brydges. 2 pp.
[S.P. Naval, 7. Under date.] |
March 31.
Whitehall. |
527. Council of Trade and Plantations to Governor Sir B.
Granville. The bearer hereof, Mr. Hodges, complaining that he
has suffered in some affairs he has in Barbados, by mismanagement
of his agents, delays and otherwise, and desiring our recommendation to you, that speedy and impartial justice may be done him,
we have thought fit to comply with his request, and do accordingly
desire your care that no obstructions be given him in the course
of his proceedings, and that he may enjoy the benefit of the
law as other H.M. subjects. Signed, Weymouth, Dartmouth,
Robt. Cecill, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen,
Mat. Prior. [C.O. 29, 8. p. 295.] |
March 31.
Whitehall. |
528. Journal of Council of Trade and Plantations. Letter
to Governor Sir Beville Granville in behalf of Mr. Hodges, signed. |
| April 1. |
Mr. Champante desired their Lordships would write to Lord
Cornbury in relation to the arrests which Capt. Nanfan at present
lies under in New York; whereupon he was directed to lay before
the Board a memorial of what he himself proposes might be
done therein. |
|
Draught of Representation upon Governors' salaries, agreed
upon. |
| April 2. |
Representation upon Lord Cornbury's letters, relating to the
State of the Province of New York, signed. |
|
Representation upon Governors' salaries and presents made by
Assemblies, signed. [C.O. 391, 16. pp. 52–54; and 391, 97.
pp. 253–261.] |
March 31.
Boston. |
529. Minutes of Council of the Massachusetts Bay. H.E.
communicated several letters expressed to him from Piscataqua,
advising of an insult lately made by Capt. Samuel Chadwell,
commander of a privateer sloop, upon some French and Indians
at Naskeag in Mount Desart, by rifling and plundering the house
of Paul Munier, a Frenchman, allied to the Indians, under the
protection of this Government, and had killed Munier, and beaten
one or more of the Indians. H.E. acquainted the Council that
he had desired Lt. Gov. Partridge to write to Major March to
direct him to observe to the Indians the resentment H.E. had
of that matter, and that he had sent for Chadwell, and would
make a strict inquiry into the same, and take such order therein
as may be agreable to Justice, and to give them satisfaction,
whereof they shall have an accompt. |
|
Accompts of Major John March and Capt. James Gooch committed. |
|
30l. paid to Capt. Simon Willard, Commander of a Foot Company
of soldiers newly raised for H.M. service, for subsisting of himself
and company. [C.O. 5, 789. p. 494.] |
