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| Sept. 11. |
1083. Attorney General to the Council of Trade and
Plantations. In obedience to your Lordships' commands I have
considered of the Act investing H.M. in land in Kingston for
the reception of the sufferers by the late dreadfull fire at Port Royall,
declaring Kingston to be the cheife seat of trade, and head port of
entry and fortifying West Chester, and have heard Sir Bartholomew
Gracedieu, Mr. Stephen Mason, Mr. Benjamin Way and Mr. James
Whitechurch, who on behalf of themselves and others oppose the
confirming the same, and hath made the objections in the
annexed paper contained against that Act; which if they can
be made out (as they propose to do before your Lordships) falsifye
almost all the reasons mentioned in the Act for passing the same
and will make the Act appear to be unreasonable and unjust. |
|
As to the Act, if the grounds therein mentioned for making
the same be true, I am of opinion it is necessary and for the
benefit of the Island of Jamaica, and therefore just to take away
what priviledges Port Royall had, the owners of lands there
being recompensed by the provision made for them in Kingston,
unless they have lost the opportunity of claiming the same, the
time allowed to make their claimes being only till June 25 last, and
the annulling and making voyd all covenants and agreements
relating to the rebuilding, repairing or leaving in repair any
messuages in Port Royall, and for payment of rents reserved or
leases of the burnt houses (besides that it is necessary, the intent
of the Act being that Port Royal should be deserted) is most
reasonable, to releive tenants against convenants to repaire what
was burnt down with the whole town, or to pay rents for the same,
and is what was done for the tenants in the city of London by the
Act for rebuilding that city after the great fire there, but as the
clause for discharging rents is worded it doth not only discharge
rents reserved on leases made to tenants, but all rent charges and
annuities granted out of any tenements in Port Royall, which
I think unreasonable, though there might be reason to lessen
them in respect to the loss by the fire, but not totally to discharge
them, and the rather because that annuityes charge the person
of the grantor at the election of the grantee. And as to leases
of tenements in Port Royall, the Act having discharged the
rents reserved and covenants to repaire should have declared
the leases voyd, which is not done by the Act, and therefore the
tenants will have a title to what they had in Port Royall for
the time of their leases discharged by all rent. By a clause in
the Act there is a prohibition of keeping any tavern, storehouse
or victualling house within two miles of the uttermost bounds
of the town of Kingston, the necessity of which does not appear
to me, since the Act doth not prohibit other buildings there.
Signed, Edw. Northey. Holograph. 1½ pp. Enclosed, |
|
1083. i. Duplicate of No. 1082. iii. 3 large pp. Endorsed,
Recd. 14th, Read Sept. 16, 1703. [C.O. 137, 6. Nos.
4, 4.i.; and (without enclosure), 138, 11. pp. 31–34.] |
Sept. 12.
New Yorke. |
1084. Extract of letter from Governor Lord Cornbury to
Mr. Thrale. I find in your letter of March 30, that you mention
Captain Nanfan's accounting here, which I think is absolutely
necessary he should, tho' hitherto I have not been able to
perswade him to give me a faire account. He has, indeed, given
me three several accounts, all different, and nothing but
bundles of figures without any method. I told him he must make
a fair account by way of debtor and creditor. He told me he
could not do that because he did not know what Mr. Champante
had received. I told him that was his Agent's fault, but that
need not hinder his stating his accounts, for I told him he must
charge himself with the whole pay of the 4 Companies during the
time of his administration, and that he must discharge himself
by vouchers under the four heads of subsistence, cleerings, offreckonings, and ten per cent., and that whatever he could not
discharge himself of by vouchers under those four heads, he
must be answerable for till we knew what remained in the office,
and then he would be discharged of so much. But this is a
language he will not understand. Now yesterday I have
received another account from him. As soon as I have had time
to peruse that account I will acquaint you how I find it. Endorsed,
Recd. Read Feb. 17, 170¾. Copy. ¾ p. [C.O. 5, 1048. No. 72;
and 5, 1120. pp. 41–43.] |
Sept. 13.
Boston. |
1085. Governor Dudley to Mr. Blathwayt. Refers to letter
to the Council of Trade, Sept. 15. An answer referring to the
beavers from Mount Hope will be ready by the coming of the
next shipps. Mr. Hollems brings this, and will give your Honner
account of the Mohegin Indians and their treatment in this very
troublesome time from the Governor of Connecticut. Signed,
J. Dudley. Endorsed, Recd. Read Nov. 30, 1703. Holograph.
1. p. [C.O. 5, 863. No. 50.] |
| Sept. 13. |
1086. Journal of Assembly of Jamaica. The House met and
adjourned. |
| Sept. 14. |
See Minutes of Council in Assembly under date. Several members
being absent the House adjourned. |
| Sept. 15. |
Question put whether Andrew Orgil, being absent, should be
sent for in custody. Carried in the negative. See Minutes of
Council in Assembly under date. |
|
Writ of election and return for the parish of St. Katherine's
read. It was resolved that Noah Delauney was duly elected a
Representative in the room of Henry Brabant, who was expelled
the House. Ordered that the writ and return be entered in the
Minutes of this House. The return is signed by Jno. Hickman,
Provost Marshall, Henry Willis, John Hanson, Beaumont
Pestell, Wm. Parker, John Palmer, Edward Rowland, Geo.
Fletcher, Tho. Powell, Richd. Bradford, John Morris, Phillip
Bonny, John Ellis, senr., John Ellis, Matt. Gregory, Robt.
Nedham, Wm. Nedham, Tho. Flower, Richd. Masters, Bartho.
Fant, Tho. Mercer, Arthur Sparke, John Bancks. [C.O. 140, 7.
pp. 107–112.] |
Sept. 13.
Boston, |
1087. Minutes of Council of the Massachusetts Bay. 12l.
advanced to James Converse, he being now going forth in
command of H.M. forces raised against the French and Indian
Rebels. |
|
30l. advanced for subsisting of the guards to attend H.E. in
his journey to the Eastward on H.M. service for the improvement of the forces there. |
|
14l. 5s. paid to the Secretary, Isaac Addington, for engrossing
Acts etc. |
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35l. paid to Andrew Belcher for the charge of building a new
barge for the Castle. |
|
1,400l. advanced to Andrew Belcher, Commissary General, for
the procuring of supplies and stores for subsisting H.M. forces
in the field and garrison. [C.O. 5, 789. pp. 537–538.] |
Sept. 14.
Whitehall. |
1088. Earl of Nottingham to Governor Codrington. Several
merchants, proprietors and traders in Jamaica having represented to the Queen that by the advices from those parts they
have reason to apprehend that the French and Spaniards are
joining and gathering together a great strength of sea and land
forces with a design to attempt Jamaica, I am commanded by
H.M. to signify her pleasure to you that you diligently observe
the motions of the French in Martinico and the Islands thereabouts,
and if you find by their preparations that they may have a design
upon any of H.M. Islands, that you also prepare on your part
to oppose them; and if you have intelligence that they are proceeding to Jamaica, or have reason to believe it, I am ordered
to recommend it to you to do what in you lyes to frustrate their
designs, and to that end to send such ships and forces as you
judge proper to join with those at Jamaica, to enable them the
better to oppose the French and Spaniards, that as they join
their forces against us, they should not have time and opportunity
by attacking us separately to destroy us, for should they succeed
at Jamaica, the Islands under your command would not remain
long in security. I must acquaint you that there is a very considerable squadron of capital ships preparing to be sent to the
W. Indies for the defence of our Islands, but this will not sail,
I fear, till about the middle of October, and therefore I am
ordered to write this letter to you lest this squadron should not
come time enough to prevent the insults from the French and
Spaniards, and if this could be disappointed, I hope they will no
more unite against us, for the Arch-Duke of Austria will be, and
probably is at this time, declared by the Emperor King of Spain,
and is coming to Holland to embark on board our fleet and to
proceed to Lisbon with an army of 12,000 English and Dutch to
joine 28,000 Portuguese, and to enter Spain where great numbers
of the Grandees and all the people impatiently wait for his coming,
so that wee hope he will be in possession of that Monarchy very
soon, and then at least that his subjects in the West Indies instead
of Acts of hostility against us will esteem us their best friends,
who have so eminently contributed to deliver them and their
countrymen in Spain from a French slavery. Signed, Nottingham.
[C.O. 5, 209. p. 7.] |
Sept. 14.
Whitehall. |
1089. Earl of Nottingham to Lt. Governor Handasyd.
Acquaints him with above instructions sent to Col. Codrington.
"You must find some way to acquaint the Spanish Governor of
Hispaniola with this (the alliance to place the Archduke of Austria
on the Spanish throne) and that you have orders to live in a
friendly manner and to keep a good correspondence and commerce
with him, and all the subjects of the Spanish monarchy that are
willing to enter into measures of friendship, H.M. being unwilling
to suffer any damage to be done to them, while she is succouring
their countrymen in Spain and rescueing them from a French
tyranny, and restoring their country to their lawful soveraigne of
the House of Austria, and you are to do the like to all other the
Spanish Plantations, as you have opportunity. Signed, Nottingham. [C.O. 5, 209. pp. 8, 9.] |
Sept. 14.
Whitehall. |
1090. Earl of Nottingham to Governor Sir B. Granville.
In answer to your question whether the prohibition of commerce
with the French prevents you from making any cartel with them
for the exchange of prisoners, I must tell you it does not, but I
must acquaint you also that when the French desired earnestly
a cartel to be settled here to exchange all prisoners of one side for
all on the other, as was practised in the last war, the Queen
refused it, because we had many more French than they had
English prisoners in France; the exchange has been carryed on
by man for man, and we have had all ours from France, and
have still remaining here near 3,000 French prisoners, but
because 'tis possible there may not be the same reason for
the like method in your parts, it is left to your discretion to settle
the exchange, either man for man and quality for quality, or all
for all, as you find you have more or less prisoners than the
French have, or may probably have, in the course of the war,
and so as it shall be judged by you most advantageous for us.
In every negotiation of this kind, you must be carefull not to
suffer any diminution of H.M. Royal dignity, for perhaps the
French there will not treat H.M. as Queen, since they have not
done it here; and therefore if it be our interest to have an
exchange of all for all, and to have it so settled from time to
time, you must establish the cartel in your own name between
you and the Governors with whom you agree: and if you shoulde
have occasion to treate with any Spanish Governors you must
be sure not to own the Duke of Anjou as heir of Spain, for the
Archduke of Austria is by this time declared King of Spain etc.
as above. Signed, Nottingham. [C.O. 5, 209. pp. 9, 10.] |
| Sept. 14. |
1091. Minutes of Council [in Assembly] of Barbados. Capt.
Thomas Maycock, being sick when the rest of the Assembly were
sworn, attended and took the oaths. |
|
The General Assembly attended H.E. and presented William
Holder for H.E. approbation, which he granted. H.E.
addressed the Assembly;—The warr you are engaged in, the
power and neighbourhood of your enemies require your utmost
circumspection, and there is not anything can conduce so much
to your safety as dispatch and vigour in your resolutions, and
peace and union amongst yourselves. Your fortifications are
defective, your Militia weak, and every day diminishing, your
principall Magazine ill placed, ill-disposed and ill built, yourselves
divided at home by animosities unhappily if not industriously
fomented amongst you, and your enemies make preparations to
invade you. These do all demand an effectual and speedy remedy,
and I must tell you, they will not admit of the usual and slow
methods of your monthly meetings. The Queen, by a goodness
peculiar to herself, has granted what all your supplications could
never obtain from her predecessors; she has ordered the Duty
and [sic] four and half per cent. to be applied to the public use
for the safety of this Island, and lately by royal concessions made
evident she has nothing more at her heart then the care and
ease of all her subjects how distant soever. In what these shall
fall short to repair and compleat your safety and defence, it will
be incumbent upon you, Gentlemen of the Assembly, to make
such provision as may be necessary for the carrying on of that
work, and as I will never give my consent to the taxing of the
people, but when it shall be manifest for the publick good, so I
cannot doubt of the chearful concurrence of all when it shall
be for the common security and benefit, the building of a dock
and making a safe harbour for ships in the hurricane seasons,
the paving and cleansing the streets in Bridgetown, and secureing
it by an intrenchment from sudden inundations and insults,
will give encouragement to trade and be a means to prevent that
contagious distemper wch. so fatally and frequently rages
amongst you; these may be accomplished with great advantage
and small charge to the publick. The erecting or providing of
fitt places for the Courts of Justice, public prison and for the
meeting of the Council, General Assembly and residence of your
Governor, and the appropriating of them to those uses deserves
your care, as the neglect of this remains a reproach to those who
have gone before you, so the doing of it now will be for your
reputation, as well as for the dignity of your country. There
is not any provision made for an house for my reception, that
intended by the late Assembly H.M. late order does not allow
me to accept. The dispatch of publick business requires my
being near this Towne, and tho' a Plantation in the country
would have been more for my health and interest, I have made
choice of Pilgrim, no consideration of my own shall weigh with
me when the publick is concerned, and I shall reap what I value
most, if it gives me those occasions I intend it should of advanceing
the common good. I recommend to you the speedy putting of
it into a condition fitt to receive me. The country's brigantine
is at present a growing charge without any advantage to you,
and can never be useful unless you provide for the clearing the
seamen's wages now greatly in arrear, and the making such an
establishment as may assure them of their being duely and
regularly paid hereafter. You will find it also beneficiall to fall
upon some waies whereby seamen may be encouraged to come
voluntary on board H.M. ships of war that are here for your
security. It will quicken the service and prevent the disorders,
delays and inconveniences that inevitably attend pressing. The
clandestine running off of boats is very prejudicial to H.M.
services and the public interest, unlawfully trade and commerce
is thereby carried on, your negroes make their escape, and your
enemies get intelligence; it is absolutely necessary that an end
be put to it by some strict and very effectual Law. The poor
people and smaller sort of planters suffer very much from forestallers and ingrossers; the Laws now in being do not fittly provide against that evil; the riches as well as strength of all places
depend on the number of inhabitants, and you will repent when
it is too late, if by some timely care you do not give reliefe in this
matter, as well as prevent better than it has yet done all ill usage
and security towards Christian servants dureing their servitude,
and find some encouragement for their continuance upon the
Island, when there time is out. The Act concerning the detinue
of negroes appears not to be well digested, tho' a matter of great
consequence, instead of quieting there are contradictions in it
which occasion disputes, and subject people to various and
partiall determinations. The clamour of several persons to
whom money is due upon account either of their services or the
credit they have given the public, I cannot but take notice of,
and there is not anything will redound more both to your owne
and the country's honour and justice then their satisfaction and
the preserving the public faith inviolable. In order to this it
is necessary that the funds you give should answer the sums you
give them for, that such approbations [sic] be made as may prevent
their being diverted or delayed from the uses contended, and
such frequent inspections by the Council of Accounts into the
receipts and issues of the publick money as may be a cheque upon
the persons intrusted with it. But all your endeavours will be
fruitless unless the blessing of God attends them, that you may
obtain it, apply yourselves seriously to the promoting of Religion
and virtue and the suppressing of vice and impiety. I am sorry
I have occasion to say so much upon this subject, but the immorality and profaneness openly committed with impunity, the
ill examine (sic) given by persons, from whose education,
character and trust better might be expected, makes it necessary
that not only the Laws already in force be put in execution, but
that more effectual ones be made. It will become you at the same
time to find out the best means to facilitate and encourage the
conversion of negroes and Indians to the Christian Faith, as this
will be a work highly acceptable to God, so it must give great
satisfaction to your consciences. To the end that these, and all
things else which may be for your good be successively accomplished, that this Assembly may be brought to a happy period,
and that the welfare of Barbados may be established on a lasting
foundation, let harmony and unanimity be restored amongst you,
let each House keep within those bounds your Constitution
prescribes, let no invasion be made on H.M. prerogative, nor any
drawn into example that may have heretofore been attempted,
etc. |
|
Mr. Speaker desired a copy of the above Speech in writing,
which was granted him. Then he moved H.E. that one of the
Members of this Board might be appointed to swear the officers
of the Assembly; and they were accordingly sworn. |
|
Charles Buckworth delivered to H.E. several recognizances
he had taken persuant to H.E. order for the appearance of
Capt. Gilligan, William Andrews and Stephen Morris this day before
H.E. and Council, they being charged with High Treason for
corresponding and trading with H.M. enemies. H.E. and this
Board having considered of the high charge against them, and
for as much as there is no prison in this Island where criminalls
may be safely kept, H.E. has thought fit by and with the advice
of the Council to order that Gilligan doe enter into bond with
two securities of 4,000l. sterl. each, [? Andrews] with two securities
of 1,000l. sterl. each, and Morris with two securities of 500l.
sterl. each for their appearances at the next Court of Oyer and
Terminer, or if not, that they be committed. |
|
The Speaker with the Assembly attending desired H.E. that
the Hon. William Sharpe might lay before their house the
original return of the writ and all manners and [sic] papers taken
by him relating to the Election of Major Estwicke, which was
ordered accordingly. [C.O. 31, 8. pp. 64–74.] |
| Sept. 14. |
1092. Journal of Assembly of Barbados. See preceding
abstract. |
|
William Rawlin was sworn Clerk of the Assembly, Nicholas
Sayers his Deputy, and George Hooper, Marshall. |
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Resolved, that the House do not proceed on any business until
the petition of Col. James Colleton relating to a contraverted
election of Major Christopher Estwick, he having been sworn
and sat in the House for choice of Speaker, be determined. |
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Ordered that they both appear at the next sitting with their
evidences etc. [C.O. 31, 7. pp. 93–95.] |
| Sept. 14. |
1093. Minutes of Council in Assembly of Jamaica. Message
sent down with the writs and returns for several parishes. H.E.
also ordered the Clerk to acquaint the House that he has had
a letter from Capt. Thomas Freeman by which he finds him
unwilling to return to the House, he declaring that his health
will not permit, so if the House will propose what method shall
be used with him, he will give all assistance that lyes in his power. |
| Sept. 15. |
Noath De Launey was sworn a Member of Assembly for the
parish of St. Catherines, in the room of Henry Brabant. |
|
Message sent up from the House in writing presented by Hugh
Totterdell and four others:—We are fully satisfied Capt.
Freeman has deceived your Honour under pretence of sickness,
wherefore as well as for his many contempts to this House and
for his escape from the custody of their Messenger, the House
have ordered that Mr. Speaker do issue out his warrant requiring
the Provost Marshall and all H.M. officers and subjects to be
aiding the Messenger of this House in executing the Speaker's
warrant against the said Freeman, and do humbly desire your
Honour to use your authority towards the execution of the said
warrant, and for supporting the power of the Assembly. |
| Sept. 16. |
Message sent down from the Governor:—The Governor 'tis true
did by his message to the House signify that he would assist with
his power and authority to reduce Capt. Freeman to his duty,
and still continues in the same intentions, but desires the House
to order a suspention of the warrant, till he can advise with the
Council about it, he apprehending that warrant may not meet
with such ready obedience as expected from the Marshall's
Constables and others as coming from an authority unknown
to them, and from which no president of a precept of that nature
can be found, as he is well advised. And in the interim desires
the House to proceed in other the matters of moment and
importance lying before them, for as he will not offer the least
infringement of your priviledges or liberties, but rather will assist
to his utmost in maintaining them, so neither can he suffer the
authority of the Government intrusted to him by her sacred
Majesty to be wrested out of his hands. |
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Writ and return of the election of Charles Long for the parish
of Clarendon sent down. |
|
Message sent up: The warrant is not yet issued. The
Assembly are heartily sorry that their authority should be unknowne to the Island, and humbly crave leave to assure your
Honour that the House proceeded on sufficient presidents.
Quote Journal of House of Commons, April 5 and 8, 1674.
Whereby it appears that, though such warrant had been issued,
the House have pursued their rights and previlidges, and noe
more, without any designe or intent to lessen the authority of the
Government, or to take any new power to themselves, but have
and always will demeane themselves with all duty and zeal to
H.M. and deference and respect to your Honour. |
|
Message sent down that the Governor had received the above
reply, and had ordered a full Council for Tuesday morning.
[C.O. 140, 6. pp. 522–525.] |
Sept. 15.
Boston. |
1094. Governor Dudley to the Council of Trade and
Plantations. My last Addresses to your Lordships were of
Aug. 5; this I hope may arrive after so many letters that I have
lost, five packets successively, from January to April, I am already
advised of, which I am forst to adventure by merchant ships,
there being no opportunity by any of H.M. ships returning hence.
Since my treaty in July with the Sachems of the Eastern parts,
and all the obligations taken from them of their obedience to
H.M. and presents to the value of 300l., a small party of about 30
Frenchmen with only three officers and two preists from Port
Royal with about 200 Cape Sable Indians, of whom I formerly
wrote to your Lordships, came round the Bay of Fundee, and
have debauched all the Eastern Coast from St. Croix to the
Province of Main, and with the greatest perfidy and secrecy
scattered themselves to the length of 100 miles and came with all
possible friendship to the poor scattering houses distant from our
forts, and all at once upon Aug. 10 fell upon the poor people,
where themselves lodged over night, and killed and carryed
away about 100 men, women and children; two days after they
set upon the Forts at Cascobay, Saco and Wells, which are at
20 miles distant each on the Province of Mayn, where I had
lodged three foot companyes, who received them so readily that
we lost nothing there, scarce a man at each garrison, and at
Cascobay, which is the farthest, 200 miles from Boston, the
Frenchmen began a Trench, and in three dayes ware got within
a pike's length of their workes when H.M. Province galley with
70 men arrived from Boston and killed 40 of them, obliged them
to burne all their plunders, to leave their dead behinde them
and march away, since which for about 30 dayes I hear of them in
small partyes, 5 or 10 stealing and killing cattle like the
Rapparees of Ireland in several parts of the Province. This
Breach has obliged me to raise 1,000 men, whereof 850 are for
the land and 150 for the coasters, and 600 of them will be upon
there march in 14 dayes from Casco for the head quarters of the
Indians, who are in there forts at 150 miles distance from the
sea, and 20 miles from each other, where we may possible destroy
their corn and houses, but no likelihood of seeing them, who will
have their scouts out, and march off as we approach them, and
only wayt an opportunity, a whole fortnight's march, which we
must be obliged to, to obtaine an advantage, in the hedious
desart, to fire now and then upon us, however the experience of
the best men that have at any time been here can advise to no
better method then by constant marches, especialy in the winter
to dislodge and starve them, and these men and about 10 sloops
necessary to attend them, will put the Province according to the
present establishment to 3,000l. a month, which has obliged me
after I had raysed and marched the troopes to the several parts,
to hold the Assembly, to acquaint them with the necessity of
taking care to provide for this groing charge, who have very
dutifully thankt me for the care of the peace of H.M. subjects'
Colony, and of the war so early, and have chearfully undertaken
the charge, and granted 11,500l. to be raised that the subsistance
may not fail, and I hope in a winter's session about Christmas
will further do their duty, and I think necessary to have the
headquarter at Casco, and have therefore sent Col. Romer
thither to reforme that Fort, to make it fitt to lodge 500 men.
I did also communicate to this Assembly, who sat the first of
this instant, H.M. gratious letters and commands refering to a
standing settled sallary for the Governor etc., which they have
prayed they may give answers to, when the Assembly is more
full at their ordinary time of Sessions in the winter. |
|
The French and Indians have in this occasion shewed a great
deal of cowardice and cruelty, have not killed one man under
his armes, but by surprize, have scarcely saved any women or
children, but slayn many three dayes after they were prisoners,
and the Fryers make it all religion, and say mass over everything
publickly in the Camp night and morning. While this was
doing, Brouillan, the Governor of Port Royal, sent to me for
the exchange of 10 prisoners, and frindly sent me 3 of mine and
a French Gentleman to offer the exchange, which I accepted,
and sent home his ten men, and the French officer protested that
his Governor knew nothing of this march of the Indians, which
since by some of our prisoners we are assured was most falce.
In this necessity and great charge, I have written in the most
pressing manner to the Governors of Rhoad Island and
Conecticot for the advance of but 150 men between them, but
can obtayn nothing, not withstanding this Province do's wholly
cover and secure them from danger. And I should be wanting
in my duty if I should not acquaint your Lordships by every
opportunity how the service is ruined by the Government of
Rhoad Island, two of the privateers fitted out by the merchants
of this town with ships, provisions and armes, brought in a Spanish
prize worth 5,000l., coming up from the southward were obliged
to touch at Rhoad Island, the men were presently debauched, and
the Government countenancing of them, refused to leave the
place or to suffer their prize to come to Boston, and there they
embessel'd the one halfe of the goods, and Cranston, the
Governor, refused the Collector and the Receiver on behalf of
H.R.H. to have anything to do, and all the letters and messages
that I could possible write and sende, could get no answer from
them to anything, since which the saylors from hence run away
by scores, and there are hidden and secured; and last of all our
imprest men for the land service in all the parts next them run
away to the Island, and nothing returns from thence, so that of
six privateers that did so much service last year, I am reduced to
one, and when they are in the sea, I expect Rhoad Island will be
their port also, all which would be remedid in one hour, if H.M.
pleases. Acknowledges letter of April 20 and 29. In answer to
the perticulars, have given strict charge to Judges of both the
provinces, that they do proceed in all causes with exact Justice,
and without any delay, and have had no perticular complaint
of anything of that sort since my being here. There are no
Courts in this province wherein the Governor has any share or
power, but there are Judges on every bench, tho' I am humbly
of opinion this Province will not be well until a Chancery Court
be establish't wherein the Governor will properly preside. In
the command refering to a Court for small causes, it is already
a Law here and long practised, that every Justice of the Peace
has cognisance of a trespass, a debt of 40s. without a Jury
summarily to determine (and in every County an inferiour Court
for any other sum), from whence there lyes an appeal to the
Superior Court, and these Laws were allowed by his late Majesty,
and on file in your Lordships' Office. I have commanded the
Clerks of every County Court, Superior Court and the Admiralty
Court at the ende of every Session to transmit into the Secretary's
Office an abstract of all causes and matters depending with the
names of the plaintiff, defendant, sum sued for, judgment,
appeal, which I shall from time to time humbly lay before your
Lordships. Returns thanks for Representation on the state of
the Province. It is every day more apparent that nothing will
proceed well here, till H.M. will please to name her owne Councill,
the best men in the Province can have no share in the Civil
Government till then. |
|
H.M. having appointed Mr. Usher instead of Mr. Partridge
Lieut. Gov. of New Hampshire is very acceptable to me, and I
shall hope for his good service there upon his arrival. In the
affair of the dimentions of timber, notwithstanding their offer,
there was never any relaxation made to the people for the cutting
of larger timber then in the first orders from the Crown in King
Charles II's time, and so that matter rests as it did, and shall
be diligently performed by Plaisted, who is very carefull. I have
sent H.M. gratious letter to New Hampshire refering to salaryes,
and shall follow it about 10 dayes hence, when the Assembly shall
sit, but can expect little from that very small Province. Mr.
Usher not being arrived, I have not yet received H.M. commands
relating to Mr. Allen's title, but shall strictly and carefully observe
and persue them, when I shall receive them. In the Courts of
New Hampshire for their impartial and speedy proceeding and for
an account of causes I have given the same command as in this
Province, and they shall be duely obeyed. I humbly thank your
Lordships for the hopes I have of stores for both these provinces,
and of ships of war. I have now here but the Gosport, which
since the death of Capt. Crofts, is commanded by his Lieut.,
Capt. Smith, who is very carefull here, and at this time has put
40 men with an officer on board a sloop to cruise on the shoales
after a French shallop that is looking for provisions for Port Royal,
who are almost starved, having yet no supplyes from France,
and if I might be honoured with the call of 3 or 4 of H.M. ships,
'twold certainly fall into our hands. |
|
The Province of Mayn and the parts beyond Kenebeck River,
Pemaquid, and as far as St. Croix would make better settlements
then any in this Province, if a Scotch Collony might be setled
there, the Fishing and Lumber and masting being more plenty
and easy then in any part of America. And I'm humbly of
opinion they will not be settled without some such new Collony,
the English in these parts having already grasped more then they
can plant or defend. There shall be nothing wanting to the utmost
expence to save the Frontier here from depredations, but a very
few of them passing easily over our waters and hedious swamp
will distress us long, having all supplyes from Quebeck and Port
Royal. I have directed Col. Romer at his return from Casco to
meet me at Piscataqua to proceed in the reforming of that
fortification, where they have raised 500l., and I shall proceed as
fast in it as the trouble there will allow, they being every day
alarm'd and disturbed if but two or three Indians appear. This
is the third time the Act for 550l. raysed in New Hampshire
which your Lordships so perticularly sent for has been covered
to your Lordps. with Minute of Councill and large accounts.
Signed, J. Dudley. Endorsed, Recd. Read Dec. 2, 1703, and
Feb. 11, 170¾. 5 pp. Enclosed, |
|
1094. i. Abstract of preceding. 2 pp. |
|
1094. ii. Proclamation declaring the Pennicooke and Eastern
Indians rebels and enemies (See preceding letter); "and
to the intent that none of our neighbouring friend
Indians may be exposed, or the enemy escape on pretence
of being friends, I do hereby also strictly forbid any of
the said friend Indians to move out of their respective
Plantations etc., or to come into any English Town or
District without special order in writing from myself"
etc. Signed, J. Dudley. Boston, Aug. 18. Endorsed,
Recd. Dec. 2, 1703. Printed. 1 p. |
|
1094. iii. Proclamation, prohibiting trade with the French
and Spaniards. Boston, Aug. 13, 1703. Signed, J.
Dudley. Endorsed as preceding. Printed. 1 p.
[C.O. 5, 863. Nos. 51, 51.i.–iii.; and (without enclosures)
5, 911. pp. 190–202.] |
| Sept. 15. |
1095. Navy Board to Mr. Burchett. In answer to the commands received from the hon. Council to H.R.H. by your letter of
3rd inst., upon the extract of a letter from H.M. Envoy at Sweden
about the difficultys of procureing pitch and tarr from that
Kingdom, having already by our several letters acquainted their
Honours from time to time of the progress of that affair, with
relation to the supplies expected from thence this yeare, we doubt
not but such measures will be taken as that the Navy will be
supplied therewith in time one way or another, so as to prevent
any disappointment or inconvenience thereto. As for New
England, it is doubted sufficient quantityes of those commodities
cannot be had in some yeares from thence, if at all, only some
small experiments having yet been made thereof, and those on
the public account at excessive charges. Nor has any more
been done, that wee know of, as to other stores. Refer to Report
of Oct. 26, 1702. If any persons would undertake to import
Naval stores from the Plantations in quality and prices agreable
to what they can be had for of others, wee should (as we always
have been) be ready to treat and agree with them for the said
goods, but wee do not think ourselves empowered to go further
without orders, our Instructions not allowing us (as wee conceive)
to increase the charge of the Navy to the Kingdom for the
encouragement of the said Colonys and Plantations, though we
continue of opinion that it would be of great service to the
Nation to have our Naval Stores from thence, that soe other
Nations may not [be] wholly depended on for 'em. But then
if the charge will be encreas'd thereby, as wee presume it will,
nobody having yet even offer'd to supply any stores from thence
at the market prices, it must be done by Acts of State, and for the
method, doubtless it is best for H.M. to be at a certainty, that is,
to come to contracts beforehand for qualitys, quantitys, and
rates, all other projects having hitherto failed of bringing anything but irregular accounts and exorbitant charges to the Crown.
Copy. Unsigned. 2 pp. [S.P. Naval, 7. Under date.] |
Sept. 16.
Whitehall. |
1096. Journal of Council of Trade and Plantations. Act of
Jamaica, declaring Kingston to be the chief seat of trade, and
petitions against it, with Mr. Attorney General's report etc.
read. And considering the great importance of that matter,
referred to further deliberation at a full Board. (Three Commissioners only present.) [C.O. 391, 16. pp. 206, 207; and
391, 97. pp. 573, 574.] |
| Sept. 16. |
1097. Journal of Assembly of Jamaica. See Minutes of
Council in Assembly under date. |
|
Mr. Orgile and Mr. Vassall continuing to be absent, resolved
that they be sent for in custody by the Speaker's warrant, which
was done. Ordered that the Committee of Elections and
Priviledges be revived, and that the breach of priviledge complained of by Mr. Thurgar be referred to it. |
|
Resolved that the House do resolve itself into a Committee
of the whole House to-morrow morning to inquire into the proceedings and behaviour of the Gentlemen lately expelled the
House during this Assembly, and were ordered confinement to
the Messenger's House. |
| Sept. 17. |
The Chairman of the Grand Committee reported that
complaint being made that some ill-disposed persons had raised
and malitiously spread abroad false reports of this House, that
we were raising 5s. per head on negroes, and endeavoured other
things to the prejudice and hurt of the country, and that Mr.
James Archbold should say that wee had best to have a care,
else wee should bring the country about our ears, and that Mr.
Elbridge and Mr. Ayscough being at the Coffee-house door with
several others, Mr. Elbridge asked Dr. Delauney what he thought
of 4s. a head for negroes, and that Mr. Ayscough swore 'twas
true, and that for want of passing a bill that would not have cost
the country 18d.; That the Committee had resolved that direction
be given to the several members to make enquiry who are the
persons that raise and spread abroad the false reports relating
to the Assembly, and report the authors of 'em to the House
next Tuesday, and that the Governor should be addrest now in
relation to the Members in custody. The House agreed to this
Report, and ordered accordingly. |
|
Andrew Orgile attending in custody, his excuses were admitted
and he discharged on paying fees, 30s. each to the Clerk and
Messenger. |
| Sept. 18. |
See Minutes of Council in Assembly under date. Odoardo
Lewis and William Vassall, Members for St. Elizabeth's parish,
informing the House that they were doubtful since the making
the parish of Westmoreland whether they be capable to sit in
the House or noe, and desiring the opinion of the House therein,
Resolved that they are capable to sit notwithstanding the Act
for dividing the parish of St. Elizabeth. |
|
The Speaker reported that in reply to the Address of the House,
the Governor was pleased to say that he was sorry there was so
many divisions amongst you and wisht you were as careful in
parting with your libertyes as he should [? be] in granting them;
that he had given no countenance to anybody, and any
Gentleman was free to converse with him that was an honest
man. [C.O. 140, 7. pp. 112–117.] |
Sept. 17.
Philadelphia. |
1098. John Moore to the Council of Trade and Plantations.
The Honble. Coll. Quary directed me in his absence to send your
Lordships an account of all publick matters relating to the
Queen's service, which I shall punctually observe, but am sorry
to begin with this. By a Dutch Privateer's sloope that came on
Tuesday last into Sandyhooke we are informed the Spaniards
and French (the number I cannot learn) had lately attacked the
Bahama Islands, destroyed Providence, putting all the men to
the sword, and designing to burn the women had not the
humanity of one of the French officers interposed, the sloops
brought off about 80 of the people (most women) with them, and
in their passage took a Spanish ship about 150 tuns laden with
cocoa and other valuable goods. I cannot get a more particular
relation, the fact is too true, and like the former dealings of the
enemy with that place, which the Spaniards have twice before
(in time of peace) plunder'd, murdring a great many of the
inhabitants, and they had this notion that those Islands were
out of the Queen's protection and independent from ye Crown
(one of the ill effects of Charters), I shall not presume to tell your
Lordships of what import that place is, being by a better hand
formerly laid before that Board. I hope this will induce your
Lordships to be a meanes with the Queen to take that Government (and all the rest for they lye alike exposed) into her more
immediate protection, nor can I believe the Proprietors so vain
any longer to oppose it; the naked and defenceless posture of
the Proprieties in general are unanswerable motives, were there
no other. Proximus ardet etc. is the cry of the Maine, the
Eastern parts feel it with a vengeance and (without something
uncommon happens) wee may look for a melancholy story from
the Southward. What concerns the revenue shall transmit to
the Commissioners of the Customes. Signed, J. Moore. Endorsed,
Recd. Read Dec. 10, 1703. 2 pp. [C.O. 5, 1262. No. 51; and
5, 1290. pp. 399–401.] |
| Sept. 18. |
1099. Minutes of Council in Assembly of Jamaica. The
Assembly attending presented an Address to the Governor:—The House having received many indignities and gross unpardonable affronts from some of their Members, and upon due
and mature consideration haveing in justice to ourselves
expell'd those Gentlemen dureing this Assembly, whereby they
are become incapable to serve soe long as it shall continue,
notwithstanding which many of those Gentlemen by raiseing
false reports and calumines [Sic] against our House, and by
insinuating and suggesting in their parishes that the Assembly
intends to inslave the Island by loading the inhabitants with
heavy taxes, and by other undue ways and means have procured
themselves to be chosen, to the great hindrance of the public
affairs and contrary to H.M. writs of election, we therefore in
justice to former Assemblyes and to posterity can by noe meanes
receive those Gentlemen, but must insist on our rights and
previledges, which were (according to custom) granted to us at
our first meeting by your Honour, wherefore we desire new writs
for other elections and that those persons expelled, being still
prisoners by our warrant, may in this affaire have noe countenance
favour or assistance to enable them to lessen the authority of the
Assembly, upon which in great measure the good of the Island
depends. But as the Blackness of their actions in all respects
will render them odious to all good men, wee cannot doubt but
that they will meet your Honour's resentments. The Assembly
can believe none but themselves Judges of their owne previledges,
nor ever heard that the Lords in Parliament or of the Council
were Judges of the rights of the Commons. In many instances
the authority of the Assembly has been lessened, their orders
and warrants disobeyed and contemn'd, soe that under our present
circumstances, wee can proceed to noe buissinesse without the
assurance of your Honour's favour and assistance in maintaining
our rights and previlidges, as you are our Governor and H.M.
Representative, which in her great clemency is indulgent to her
subjects, and tender of their rights at whose feet we humbly lay
ourselves and our greivances for redress by thus applying
ourselves to your Honour. [C.O. 140, 6. pp. 525, 526.] |
| [Sept. 19.] |
1100. Officers of Col. John Livesay's and Col. Thomas
Handasyde's Regiments to H.M. At the time the said Regiments
landed in Jamaica, the inhabitants considering the small value
of our English pay in those parts of the world thought it absolutely
necessary to allow quarters to the officers in the respective
parishes where their companies were quartered, which continued
till an Assembly was called by Col. Beckford, which thought fit
to take away the officers' quarters, and in lieu thereof gave them
an allowance in money, viz. to every officer under a field officer
25s. per week and 40s. per week to every field officer, which said
Act was for 6 months and no longer, and expired March 15, 1702/3.
Since which Col. Handasyd called another Assembly and put
them in mind of the said Act, which was then just expiring, who
after very near six months consideration thereupon (while in
the meantime many of your said officers were under great hardships
and necessities) at last have enacted a Bill, which wee presume
is laid before your Majesty for your royal approbation, wherein
they allow no more than 10s. a week to every Commission
Officer without distinction between Col. and Ensign, whereas
it hath been usuall formerly to allow 12s. 6d. per week to a private
centinel quartered at Port Royall, and the centinells at Spanish
Town 10s., it being impossible for them to live upon less with their
pay. We therefore humbly throw ourselves at your Majesty's
sacred feet, and begg leave to lay before your Majesty our wants
and distress, assuring your Majesty at the same time that no
misery or hardship can ever in the least diminish our zeale and
faithfulness etc. From the annexed list of the rates of provisions
and necessarys, your Majesty will perceive that one penny in
Europe is more then six in these parts, and that it is impossible
for us to subsist unless your Majesty will please to take our case
into your gracious and princely consideration, the subsistence of
most of us not being sufficient to pay our lodging and washing.
Signed, Tho. Handasyd, Wm. Hopton, J. Bickerstaf, J. Livesay,
Sm. Lovell, Ed. Baldwin. 1 p. Enclosed, |
|
1100. i. List of prices in Jamaica. Butter per lb., 1s. 3d.;
small ale per bottle, 2s. 6d.; Madera wine per bottle,
2s. 6d.; bread, 1½lb., 7½d.; Turkey, 10s.; fowl, 3s. 6d.;
pair of shoes, 8s. 9d., and all wearing apparel accordingly.
Lodging, 15s. and 20s. per week; washing, 10s. per
year; no ordnary under half a crowne; the lowest
species of money in this place being 7½d., which is usually
paid where a penny serves in England. These are the
most ordinary and lowest rates, but oftentimes upon
the want of shipping from Europe, rates etc. are double.
Endorsed, Recd. Sept. 22, Read Oct. 5, 1703. ¾ p.
Subscribed on the petition. |
|
1100. ii. Order of Queen in Council. Bath, Sept. 19, 1703.
Referring the above to the Council of Trade and
Plantations, who are to make a speedy report thereupon
to H.M., as also upon the Act lately transmitted from
Jamaica for the better settling the Town of Kingston.
Signed, William Blathwayt. [C.O. 137, 6. Nos. 5,
5.i., ii.; and 138, 11. pp. 35–39.] |
| Sept. 20. |
1101. Journal of Assembly of Jamaica. The House met and
adjourned. |
