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Oct. 1.
St. Jago de la Vega. |
1112. Minutes of Council of Jamaica. 300l. ordered to be
paid to the parish of Vere in pursuance of Order of Oct. 26, 1702,
etc. [C.O. 140, 6. pp. 177, 178; and 191.] |
| Oct. 1. |
1113. Minutes of Council in Assembly of Jamaica. The
Governor communicated to the Board an Instruction about
taking the oath of abjuration, whereupon the Clark of the Council
was ordered to prepare a roll with the oath fair writt out to be
taken and subscribed first by the Governor and the Council,
and then to be recommended to the Assembly now sitting. |
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The House attending, the Speaker read their message to the
Governor:—The House having duely and maturely weighed
and considered your Honour's message of Sept. 22, in answer to
our humble Address of Sept. 18, doe agree with your Honour
that the freedome of elections is an inherent right of the people,
and it is as true that when persons are elected it is the certain
right of the Assembly to judge whether such persons be capable
to sit. If persons disabled by infancy, want of freehold, or by
any other meanes be elected, yet such persons cannot be received,
and new writs ought to issue. The Gentlemen lately expelled
were made incapable dureing this Assembly, soe that if the
Assembly, as your Honour was pleased to intimate, injoy the
rights, libertys, and privileges of the Commons of England, they
ought to have other writts, for by many instances we find
delinquents expell'd the House of Commons and disabled to be
members dureing that Parliament, wherein such offence was
committed, and sometimes of any future Parliament, as may
be seen in that known case of Arthur Hall, Feb. 4. 1580, etc.
Other cases quoted of Feb. 13, 1606, April 26, 1641, May, 1641.
By which it plainly appears those Gentlemen expelled are justly
made incapable during this Assembly, which is too small a
punishment for their remonstrance and other their actions, and
the House are fully resolved not to admitt such Gentlemen, who
under their hands have positively declared that unless the House
would acknowledge satisfaction on their Minutes for their
pretended injurys, and chuse a new Speaker, they could not sitt
with us, but must protest against our proceedings. The scope
of our last Addresse was to have new writts that other persons
might be elected in the room of those Gentlemen, in which we
still persist, haveing had noe positive denyall as yet from your
Honour. We assure your Honour that noe resentments or
animositys have or shall take place amongst us, but all our
proceedings are with a sinceer intent to serve H.M. and this
Island, and to secure our libertys, rights and privileges to ourselves
and to our posterity. |
| Oct. 2. |
Message sent up, desiring that a Joint-Committee be appointed
to view the Forts, which was done. The House desired H.E.'s
leave to adjourn till Tuisday next, the Sessions being to be held
that day for these precincts, "as also the sale of negroes, and
by that time we hope the Westmorland Members will be here." |
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The Council advised H.E. to return the following answer to
the Address of the House presented yesterday:—I expected after
soe satisfactory an answer to your last Address not to have another
on the same subject soe surprizeing. I omitted taking notice
of the black aspersions you cast upon the expelled Members,
and the unlimited power you ascribe to yourselves in the latter
clause, as the most conducive meanes to bring you to a calmer
temper. In this Addresse you agree in the same privileges I
allow in my answer to your former, but tell me the scope of it
was another intention—I must confess I know not the meaning
of the word (scope), but the English it seems to bear in the whole
sence of your Addresse is, that you allow the people a right to
elect, but would have them elect none but such as shall please
you. The right of Elections as I apprehend is thus. The people
are to chuse their particular Representatives. When those
Representatives meet in the community of the whole, they subject
themselves in common to private rules of the House, and those
rules are obligatory to them as Representatives, and if they
break through them, the House are judges of it. These Gentlemen
you say have been transgressors, and you have proceeded to the
last punishment, expulsion, and desired new writts which were
granted. But then the choice returnes again into the originall
the people; and the same Gentlemen they have chosen again,
and yet you subject them to a compact made in a former election,
whereas the people can make noe default in a free Election on
their side, nor the Members elected into the House, but for the
term of the same election. As to your presidents, if you can
show none where the Members elected again were discarded for a
fault made in a former election, they will determine nothing in this
case (and there are presidents in England and in this country
particular on their side). I must farther put you in mind that
the expulsion of a single member in soe great a body as the
Parliament of England is not to have the same weight with me
as the expulsion and absence of a third of your whole Assembly
(when some of the sitting Members are of the same opinion with
those you keep out) and little less than halfe the settled part of
this H.M. Island is destitute of due Representatives by this violent
way of proceeding. For you verry well know this heat arose about
the not re-enacting the Additional Duty Bill (which was for H.M.
and the Island's service) the same day it was to expire, and that
the cuntry on the like occasion once before lost the support of above
6,000l. in a few months' time. I have noe more to add but the
same candid advice I have before given to take in your new
chosen Members, who have both caracters and estates to entitle
them to the right of H.M. writt and the people's choice, which
if not complyed with I fear will create objections against the
Lawes you are prepareing, before they come to my authority of
consent. But if after nine months delayes, you mean noe more
then protraction of time, I thinck I ought not, nor will I issue
any more writts on this occasion. And I shall leave the blame
and consequence of your delatory proceedings on your selves.
I am sorry I must lay before H.M. an Addresse wherein two
presidents are taken from a time soe fatall to her grandfather and
detestable to the whole world. |
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The Assembly attending, H.E. delivered the above reply. He
gave them leave to adjourn to Tuisday, and again recommended
peace and unanimity to them, telling them wee have enemys
enow round about us and need not foment and persist in diferances
among ourselves. [C.O. 140, 6. pp. 531–537.] |
Oct. 1.
Portsmouth. |
1114. Minutes of Council and Assembly of New Hampshire.
Present, H.E. Joseph Dudley etc. 8l. 7s. 5d. paid to Samuell
Penhallow, Treasurer, for entertaining the Judge Advocate and
King's Messenger. |
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Vote sent down for the encouragement of the Postmaster
General in Boston. |
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Ordered that all payments out of the Treasury from time to
time be made orderly according to the dates of the warrants,
except in special cases, where the warrant shall direct the
immediate payment. The Treasurer having this day past all his
accounts for four yeares last past, being the whole time of his
Treasurershipp, it being observed that the Orders of Council
for payment of 41l. 10s. 2d., unto several souldjers, and of
128l. 19s. 6d. for building the prison, and of 53l. 1s. for paying
and receiving with other charges etc. are wanting, ordered that
the Treasurer have warrants granted by the Secretary for his
vouchers. |
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Ordered that for the future all wages that shall accrew due to
the Captaine and souldjers at the Fort William and Mary be paid
to the Captaine for the time being, and he to give a receipt for
the same to the Treasurer, and the said Captaine to pay the
souldjers. |
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Upon an adjustment of the account of the Fort William and
Mary between Mr. Treasurer and the Captain, there appears to
be due to the Captain for himself and souldjers to May 17,
30l. 7s. 4d. |
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Ordered that the Treasurer pay the same to Capt. John Hinkes. |
| Oct. 2. |
Committee appointed to inspect Treasurer's accounts. |
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2l. 18s. paid to Capt. Tuttles for scouting, and 10s. for himself. |
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Ordered that the Treasurer find provisions according to Law
for the three French prisoners, and alsoe blanketts for them to
lye upon. [C.O. 5, 789. pp. 341, 342.] |
Oct. 1.
Villiamsburgh. |
1115. Minutes of Council of Virginia. Robt. Quary was
sworn a Member of Council, taking the oaths appointed and
subscribing the Test. |
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Col. Benjamin Harrison was granted leave of absence on the
grounds of long and tedious sickness. Col. Philip Ludwell's
absence excused upon account of indisposition. |
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Upon complaint of the Court of New Kent County, setting
forth that an information having been presented to that Court
by the Churchwardens of St Peter's parish against Elinor Dempsee,
servant to John Lightfoot, notwithstanding the diligence of
their Sheriff to apprehend her and bring her to justice, she was
not to be found, and they fear is detained by said Lightfoot in
contempt of their order; Ordered that a copy of the above
complaint be sent to Lightfoot and that he make answer thereto
at the next meeting of Council. |
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An information sworn to before H.E. by John Scott of New
Kent County relating to two shoemakers belonging to the estate
of Jno. Lyddal, decd., and detained by Col. John Lightfoot being
read in Council, and H.E. having intimated to the Council that
some time ago a petition was presented to him concerning that
affair, wch. he referred to the said Col. Lightfoot for answer,
and wch. he hath hitherto neglected to do, Ordered that a copy
of the said information be sent to Col. Lightfoot for his answer,
and that he also show cause why he hath not returned his answer
as by H.E. he was required. |
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John Lynes of York County petitioning for a supersedeas to
stop the execution of two judgments obtained against him in
York County Court by Barrantine Howles, it is the opinion of
the Council that there being no proceeding of York Court produced
to verify the matter of fact laid down in the said petition, this
Board cannot take any cognizance thereof, and therefore ordered
that the said petition be rejected. |
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Joshua Norment petitioning that a supersedeas may issue to
stop the proceedings in a sute brought against him in King and
Queen Court by Saml. Cradock as guardian to Richard Philips,
an infant, Ordered accordingly, petitioner giving security. |
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Upon the petition of Margaret Brisco, executrix of Evan Lewis,
decd., complaining that Capt. Arnold, Commander of the Angola
frigat, now in York River, detains the estate of deceased, he having
been Cooper on board the said ship, Ordered that Capt. Arnold
transmit to H.E. an answer with all speed. |
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Petition of Mrs. Napier in behalf of Robert Napier, her husband,
referred to next General Court. |
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Upon consideration that there is no extraordinary business
requiring the meeting of the General Assembly, Proclamation
signed further proroguing it till Nov. 17. |
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Diverse of the ships designed for England under convoy of
Capt. John Symonds not having completed their lading, and
Capt. Symonds having therefore this day in Council condescended
to stay till Oct. 15, ordered that the Collectors and Naval Officers
have leave to clear all ships bound for England till Oct. 15. |
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The embargo formerly laid on ships bound to H.M. Plantations
taken off, the apprehension of danger for wch. the embargo was
laid being now removed by the season of the year. |
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Whereas information is given to this Board that there is in the
hands of Joseph Chermesson 40l. sterl. which hath been remitted
by my Lord of London's order for Mr. de Joux, late minister
at Manican Town, his pension, Ordered that Mr. Chermeson
appear before H.E. and the Council on the fourth day of next
October General Court, and that in the meantime he take care
to keep the said money in his hands. |
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H.E. signed several Commissions of the Peace, and dedimuses
for swearing the respective officers. [C.O. 5, 1412. pp. 102–105.] |
Oct. 4.
St. John's, Newfoundland. |
1116. Lieut. Lloyd to the Council of Trade and Plantations.
Capt. Mich. Richards, that lately commanded this H.M.
Fortifications, left this place 17 Sep., and returned for England
with Admiral Graydon and left me in charge (being the next
Commanding Officer) with the said Fortifications and the command
of the Company of Soldiers in this Garrison, which are to the
number of eighty private men, three Serjeants, three Corporalls
and two Drumms, since which the Burford and Defiance (the
latter being distressed) came into this Port. On Sep. 26 came
to us from the French of Placentia two French deserters with
the inclosed information, which tho' it put all the inhabitants
into great consternation, yet it does not in the least dismay me,
for I shall think myself happy to be capable to hazard my life
for H.M. service in the defence of this place. But with submission,
considering the number of soldiers for want of their cloaths and
are very much discontented, as both Capt. Richards and Admiral
Graydon before they left this place can testify, and since have
bin very outragious, that it has greatly discouraged the
inhabitants, but for fear the Service should suffer, I have supplyed
them with necessarys till the supply arrives, there being no
provisions for them but what I supply on my own account. The
same night Admiral Graydon's sloop Tryal came in here, and
returned to the Admiral at sea next morning, by which I sent
the two French deserters, if possible, that the Admiral should
use some means for our security, but suppose that he was blown
off the coast, having heard nothing since from him. The
inhabitants of this place, because the Commander of H.M.
Fortifications having noe power or authority over them, cannot
bring them together, which if could be done would make from
all the out Ports round about us to the number of 800 or 1,000
men. Therefore I humbly thought fit to lay the state of this
place before your Lordships, that some speedy care may be taken
as your Lordships shall think fit to prevent the inevitable danger
that threatens this place from falling in the enemy's hands.
Signed, Tho. Lloyd. Endorsed, Recd. 23rd, Read Oct. 25, 1703.
Holograph. 2 pp. Enclosed, |
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1116. i. Abstract of preceding. 1¼ pp. |
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1116. ii. Examination of Laville and Belrose. Duplicate of
Oct 25. No. 1. [C.O. 194, 3. Nos. 1, 1.i., ii.; and
(without enclosures) 195, 3. pp. 249–251.] |
| Oct. 4. |
1117. Minutes of Council [in Assembly] of Bermuda. The
Assembly were called, and nominated Col. Francis Jones Speaker,
which H.E. approved. He took the oaths. Samuel Sherlock
and Capt. Daniel Johnson were sworn members of Assembly, and
they administered the oaths to the rest of the Assembly. |
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Upon reading the petition of Mrs. Martha Johnstown, referred
to this day, and H.M. Order, it is now upon some reasons referred
to the next Court of Chancery. |
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H.E. acquainted the Assembly with a letter and directions
he had received from H.M. and the Lords of the Plantations
about making here an indefinite Act for the raising of monies for
the support of these Islands, and about the Liquor tax lately
made in Col. Day's Government. [C.O. 40, 2. p. 56.] |
Oct. 4.
Annapolis. |
1118. Minutes of Council of Maryland. Petition of Joseph
Holt to be restored to his ministerial function [see Aug. 13] read,
and the Address of the Vestry of William and Mary parish on his
behalf, as likewise a petition of the Religious Society of William
and Mary parish signed by Adam Bele and Samuel Gresly, who
call them[selves ?] stewards of that Society, and say all
unanimously consented. This matter having been already
referred to the consideration of H.E. Col. Seymour, who is dayly
expected, this Board do not think fit to alter what has been
already done therein. |
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Petition of the Justices of the Provincial Court, on behalf of
the Justices of St. Mary's County Court, against whom information
is exhibited for levying more tobacco on the inhabitants than by
law they were impowered, the said petition referr'd to the said
Justices to use their discretion therein. |
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Joseph Baker's petition read praying the remittance of a fine
for not attending as a juror of the Provincial Court. It appearing
that he was never summoned by the Sheriff of Calvert County,
but unduely returned, his fine is remitted. |
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Petition of George Plater and George Muschamp, praying that,
whereas the(y) are not payd their respective sallarys of 100l. per
annum as H.M. Receivers of Fines for several years, and forasmuch
as upon the sugar prize, lately brought in by Capt. Moore, there
will be sufficient of H.M. share thereof in Mr. Plater's hands to
pay them, this Board will order the same. In answer, the Board
do not believe it to be in their power to dispose of any part thereof,
but orders the same to be secured for H.M. use, and advise the
petitioners to make application to H.M. for her royal favour
therein on their behalfs. |
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Ordered, that George Plater, in whose hands H.M. share of
the prize is, pay unto the Judge Advocate, Register and Marshall
of the Court of Vice-Admiralty their fees due for the Queen's
moyety upon condemnation of the said prize. |
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Ordered that a Commission be prepared for Major Wm. Harris
to be Col. of Cecil County, Col. John Thompson and Lt. Col. Hans
Hanson being both dead, and that the said Col. Harris take care
to call for and secure all the publique arms in that county. |
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Ordered that four quarter barrils of powder be sent to Col.
Harris for the service of that County. [C.O. 5, 745. pp. 40, 41.] |
Oct. 5.
Jamaica. |
1119. Lt. Gov. Handasyd to the Council of Trade and
Plantations. I am to own the receit of your Lordships' of July 28
as also a duplicate of May 17, and one of June 18 with H.M.
Instructions enclosed, which I shall use my utmost endeavours
to observe. I hope before this your Lordships have received
mine of July 18, as also of Aug. 27 sent by the Pacquet-boats,
which I believe will give you a satisfactory acct. of what has
hapned here since my last. Your Lordships will see by the
Minutes of the Councill and Assembly their dilatory way of
proceedings, and the divisions that are amongst us, and I hope
the Minutes of the Councill will convince your Lordships what
pains the Councill and I have taken to make them sensible of
their errours, but now the division seems to be more than ever
amongst themselves, not valueing what becomes of the publick
if they can have but their own private revenge. In my opinion
the plain English of it seems they'l do no right nor take no wrong,
severall of them being very much in debt endeavour to keep a
continuall sessions or bring martiall law in force to evade their
creditors, neither of which I hope will take effect. The Island
has been attended with great sickness these three months past
which has proved very fatal and more particularly in Kingston
where there has a 170 odd died. We have a dismall account
of great losses of the Merchant shipps by the Privateers of
Martinico, which as I am informed are 28 in number and have
taken 70 odd sail of ships and sloops, some of them laden with
negroes, which are of very great value. Here are brought into
this harbour by one of our Privateers six sloops belonging to the
Dutch and Danes, tradeing on the Spanish coast, which are
condemned by the Prize Office, as also four French and Spanish
by Captain Douglass, and one sloop by a Letter of Mart man from
London, which five are now on their tryall, the account of which
tryalls when over I shall remitt to your Lordships. Here are
also come into Port four Guinea ships with 1,300 and odd negroe
slaves. Our number of slaves augment dayly, but to my great
grief the number of white men dayly decrease. At my first
comeing to the Government, I did compute by the Rolls that
the Island had 4,500 men, but cannot find now above half (the
two Regiments in H.M. pay excepted, and what are at sea). I
am importuned here by the Officers of the Militia to order the
storekeepers to give them compleat arms out of the stores all of
one bore both for the Horse and Foot, which no doubt would be
very advantagious to them and I beleive for the good of H.M.
service; as to the payment of them they only proffer to give
notes under their hands to return them into the stores or pay
for what are lost upon demand, which I thinke I cannot be safe
in without I have your directions, and as I am informed they
are in a very bad condition, the smiths and other artificers which
were to have taken care of them being most of them dead and
sick. I have taken up here a prisoner who is now in goal and
goes by the name of Moor, but by what I can learn his right name
is Mildmay and supposed to be one of them concerned in the
horid conspiracy against his late Majesty King William. Here
is also an Irish Popish Priest, which I have taken in the country,
and shall send him home by the first Man of War. He goes by
the name of Coffee, he says he was taken in a French ship, before
I was concerned in the Government, and sett on shoar by some
of the Men of Warr, and has been here ever since. Our four
Men of War that are here are but very ill man'd, altho' they
have the fifth man of every ship and sloop that comes into the
Harbour, besides three hundred soldiers aboard of them, which
if they had not they were not able to sail their ships, so that I
hope your Lordships will find a method that there may be sailors
sent to supply the ships. As to the Oaths appointed in H.M.
Instructions in relation to the succession of the Crown in the
Protestant line, I shall take particular care that every one here
that continues in publick trust shall be obliged to take them.
I have ordered Captain Lilly to send your Lordships by this
Packet a draught of the Harbour from Port Royal to Kingston,
as also of the places fitt to be fortified for its defence. Since
my last we have had a small shake, but it has done no damage.
I herewith send your Lordships the duplicates of the last four
publick Acts remitted to your Lordships, as also the Minutes
of the Councill and Assembly since my last. The fire of Port
Royal haveing destroyed most of the parchment and paper which
was fitt for Acts, and for the Minutes of the Councill and Assembly,
and there being no such thing now to be had in the Island, I
beg your Lordships would order a Rim (ream) of royall paper
and some rolls of parchment per next Packet-boat, that such a
trifle may not be the occassion of any delay in the publick business.
Signed, Tho. Handasyd. Endorsed, Recd. 18th, Read Nov. 19,
1703. Addressed. Sealed. 1¾ pp. Enclosed, |
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1119. i. Abstract of preceding. 3 pp. |
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1119. ii. Memorandum of Minutes of Council of Jamaica,
Sept. 21, 22, 1703. ½ p. |
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1119. iii. Memorandum of Minutes of Council in Assembly of
Jamaica, Aug. 5—Sept. 29, 1703. ½ p. |
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1119. iv. Memorandum of Minutes of Council in Assembly of
Jamaica, Oct. 1 and 2, 1703. ½ p. |
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1119. v. Memorandum of Journal of Assembly, Aug. 26–Sept. 30, 1703. ½ p. [C.O. 137, 6. Nos. 7, 7.i.–v.; and
(without enclosures) 138, 41. pp. 69–75; and (abstract
only) 137, 41. pp. 17–19.] |
Oct. 5.
Whitehall. |
1120. Journal of Council of Trade and Plantations. Petition
of the Officers at Jamaica read, and referred to be considered
at a full Board. [C. O. 391, 16. p. 208; and 391, 97. p. 577.] |
| Oct. 5. |
1121. Minutes of Council [in Assembly] of Barbados. Capt.
Manuell Manasses Gilligan, attending in custody, said he had
nothing further to offer than what he had laid down in his petition,
but owned that he had traded, as he was charged, with the French
and Spaniards, since this present warr, and that hee doubted not
but that hee was well warranted for his soe doing, and also owned
that he was born in Ireland and a subject of the Queen of
England. |
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H.E. ordered the Attorney and Solicitor General to report their
opinions to-morrow morning, whether the matters Petitioner
stands charged with amounte to High Treason, or what other
crimes, and in case it does not amount to High Treason, how
he shall be charged and secured, and how to be proceeded against,
and whether the commitment ought to be superseded, with their
reasons for the same. |
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Petition of Thomas Maxwell, jr., Philipp Kirton and Joseph
Brown, on behalf of themselves and others, vestrymen of
Christchurch, read, setting forth that the Honble. Tobias Frere
was in arrears of seven years for assessments and levyes upon
his lands there, amounting to 220l. currt. money, which he refused
to pay etc. Both sides were heard, and before H.E. had given any
opinion thereon, Frere alledged that it being an original action,
it was not determinable before H.E. and this Board, and therefore
he would not abide by any judgment they should make thereon,
but would have it tried elsewhere, whereupon H.E. dismissed
the petition. |
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The Assembly attending, complained that Capt. William Mill
had used very abusive words reflecting on several of the Members
of their House, and prayed H.E. to appoint some persons to take
examinations in the premisses, whereupon he appointed Major
Christopher Est wick and Major Thomas, jr. |
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The Speaker acquainted H.E. that there was a petition preferred
to set aside the election for the parish of St. Andrews, and that
they had for that reason adjourned to this day sevennight. |
| Oct. 6. |
The Attorney and Solicitor General presented their opinion
upon the case of Gilligan, that the matters charged did not amount
to High Treason for that the Act of 3 and 4 William and Mary
was but a temporary Act during the late war, and that therefore
it was reasonable and necessary that a supersedeas do issue from
H.E. and Council to take off the commitment of Gilligan, made
by Order of Council Sept. 14, for High Treason, there being no
subsequent Act in this Island. But that Gilligan ought to be
proceeded against in a Court of Oyer and Terminer for high
crimes and misdemeanours for trading during this present war
with H.M. enemies, and that he give reasonable security to answer
the same, or on refusal be committed, and that a true state of his
case ought forthwith to be transmitted to H.M. "But how far
the paper from John Lawrence, Governor for His Majesty of
Denmark and Norway and Factor to the Royal West India
Company in Guinea upon the Island of St. Thomas, under the
seal of that Government, may differ the case, we are not able
to report" etc. Signed, E. Chilton, Wm. Rawlin. Evidence
was given that the mittimus, on which Capt. Gilligan was committed, was drawn according to Law. Then H.E. ordered the
Judge of the Vice-Admiralty, the Attorney and Solicitor General
to prepare an exact state of the case, to be transmitted to H.M.
[C.O. 31, 8. pp. 118–122.] |
| Oct. 5. |
1122. Journal of Assembly of Barbados. Petition of Robert
Yeomans read, setting forth that the last writ for electing
Representatives for the parish of St. Andrews was directed to
Samuel Berresford, minister, which petitioner conceives was
contrary to a Law of this Island, for Thomas Merrick, a Member
of Council, then lived in said parish. Whereupon ordered that
petitioner be heard at the next sitting. |
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Ordered that for the future no petition for a controverted
election shall be received unless the same be presented to the
House or left in the hands of the Clerk of the Assembly at the
next sitting after their first convention at the farthest, or left
with the Clerk at or before their next sitting after their first
convention on the return of the original writs; but in case such
election shall happen to be controverted, then the petition
complaining thereof shall be presented at the second sitting of
the Assembly at farthest after the return of the writ on such
new election. |
|
See preceding abstract under date. [C.O. 31, 7. pp. 113–115.] |
| Oct. 5. |
1123. Minutes of Council in Assembly of Jamaica. The
Assembly, by reason of the badness of the weather not meeting
soe many as to make a quorum, were prorogued to the 7th by
proclamation. [C.O. 140, 6. p. 539; and 557.] |
Oct. 6.
Jamaica. |
1124. Lt. Gov. Handasyd to the Council of Trade and
Plantations. Since the closing of my Pacquet to your Lordships,
I have received the enclosed papers from the Judges of the
Admiralty Court relating to the private trade carried on by the
Dutch and others in these parts which I have sent over to your
Lordships for your perusall, when all the prizes are condemned
I will send your Lordships their tryalls over. The Assembly
being adjourned from the 3d to the 5th instant October, and
there having such violent rains fallen, and storms hapned in
the interim, that it was morally impossible for them to make
a House, for which reason upon application from the Speaker
and what Members were in town I prorogued them two days,
vizt. to the 7th, in hopes it may be a means to introduce the
excluded Members, and bring them to an unanimity, which
will not onely very much tend to H.M. service, but their own,
which shall be my endeavour allways to promote to the utmost
of my power. The Packet boat has been obliged to stay here
some days beyond her time by reason of an accidentall misfortune
that happen'd to her mainmast, which I have nothing to say to,
for I assure your Lordships none of them ever stay'd thro' my
meanes a minute. Signed, Tho. Handasyd. Endorsed, Recd.
18th, Read Nov. 19, 1703. Addressed. Sealed. 1 p.
Enclosed, |
|
1124. i. Minutes of the Admiralty Court, Kingston, Oct. 5,
1703. The Hon. Joseph Sergeant and Thomas Nicholls,
Commissioners. Ordered that the Registrar prepare a
particular account of what vessels have been brought
in tryall before this Court since the present warr, in
order to be sent home pursuant to H.M. Instructions.
Copy. 1 p. |
|
1124. ii. Peter Smith to [? M. Brian, the Director of the Assiento
at St. Domingo]. St. Thomas, Sept. 14, 1703. Negotiations
for carrying on illegal trade in negroes. Signed,
P. Smith. Endorsed, Recd. 18th, Read Nov. 19, 1703.
French. 3½ pp. |
|
1124. iii. Peter Smith to [? M. Brian]. St. Thomas, Sept., 1703.
Further negotiations concerning the sale of negroes.
Signed, P. Smith. French. 3 pp. |
|
1124. iv. Peter Smith to Isaac [? Jacques] Neain. Instructions
to dispose of his ship's cargo to M. Brian and M. Collet
the Governor of St. Louis. Signed, P. Smith. Sept. 18,
1703. French. 3 pp. |
|
1124. v. Peter Smith to M. Collet, Governor of St. Louis.
Sept., 1703. Referring to above cargo of grain etc.
Signed, P. Smith. Copy. French. 2 pp. |
|
1124. vi. Peter Smith to M. Seguinard, Captain of the Port
of St. Louis. Recommending the master of his ship,
Jacques Neain (see No. iv.). Signed, P. Smith.
Addressed. French. 1½ pp. [C.O. 137, 6. Nos. 8,
8.i.–vi.; and (without enclosures) 138, 11. pp. 75–77.] |
| Oct. 6. |
1125. Minutes of Council and Assembly of New Hampshire.
Present, H.E. Joseph Dudley etc. Upon petition of William
Bevis, Commander of the Peace, for an abatement of powdermoney, ordered that he have his clearing to the Fort, paying
26lb. of powder. |
|
Thomas Packer's debenter amounting to 10l. 10s. read; he
was allowed 9l. 6s. in full for entertaining Major General Povey.
12l. 7s. 6d. paid to Robert Elliott. |
|
The Treasurer's accounts for four years to July, 1703, passed. |
|
The Representatives sent up a vote that, having considered
of H.M. most gracious letter of April 20, 1703, they unanimously
agreed that there be paid to H.E. Joseph Dudley a sallary
during the time of his Government over this Province, and not
otherwise, the year to begin from Nov. 1st next, and to be paid
160l. out of the Impost or other publick taxes raised in this Province
and that the Treasurer or Receiver shall have but 6d. in the pound
for receiving and paying the same. The Council unanimously
agreed to this vote, but see not meet to alter the Treasurer's
fees. |
|
Vote sent up by the Representatives relating to the regulating
of several officers' fees of entring and clearing of vessels as upon
file was read. |
|
29l. 6s. 7d. paid to Samuel Penhallows, and his Powder account
approved. |
|
An Act relating to the Inhabitants of the Province doeing
military service in equal proportion, and for raising money for
a stock of provisions to be in each town ready for such souldjers
as shall march forth against the enemy, being three times read
at this Board and past by the House of Representatives, was
assented to by H.E. [C.O. 5, 789. pp. 345, 346.] |
| Oct. 7. |
1126. Governor Lord Cornbury to the Council of Trade
and Plantations. In my letter to your Lordships of Sep. 9 I
took the liberty to acquaint you that I had appointed three
Commissioners to meet my Lady Bellomont's Agents here to
see if they could adjust her Ladyshipp's accounts, which to me
seemed not to be soe fair as I could have wished, those Gentlemen
have met my Lady's Agents during my being at Albany three
times, and would have met them oftner, but the persons appointed
by my Lady Bellomont refuse to account any further than
according to the account sent to them, as it is stated by Mr.
Champante, which I cannot allow to be a fair account, because
Mr. Champante accounts for no more than what he says he has
received, but he dos not produce any account from the Paymaster
General's Office to vouch the truth of his receits, so that the only
way that (I conceive) remains for us to state my Lady Bellomont's
accounts, is for us to make a charge of the full pay due to the
four Company's here, during the time of my Lord Bellomont's
Administration, and that my Lady's Agents should discharge
that charge, by proper vouchers, in order to the doing this, at
the last meeting of my Lady's Agents and the persons I have
appointed to state the account with them in my absence, the
persons I had appointed delivered a charge to my Lady's Agents,
amounting to 31,898l. 11s. 8d. New York money, which makes
up the full pay of the four Companys here according to the several
Establishments, the Gentlemen appointed by my Lady Bellomont
did not think fit to proceed upon that charge, but insisted upon
the account sent over to them by my Lady wherein her Ladyship
is made debtor for 10,062l. 15s. 6¼d. only, and no account from
the Office to shew where the officers and souldiers must aply
for the remaining part of the first summe abovementioned, besides
in the account sent over by my Lady to her agents (which is
exactly the same which was sent to me by Mr. Lowndes) there
is no notice taken of the 30 per cent., which was appropriated
by the late King for the payment of the Staff Officers, and for
the repairing the fortifications; Now I must inform your Lordships
that during my Lord Bellomont's time, very little has been paid
to the Staff Officers, and nothing at all to the repairs of the
fortifications, though they stood very much in need of being
repaired; I am lately informed that my Lady Bellomont does
intend to beg of the Queen the 30 per cent. which will much
alleviate the demand upon my Lady, now as I shall never pretend
to oppose any favour H.M. may be pleased to extend to that
Lady, soe I think I should be much wanting in my duty to the
Queen if I should not inform your Lordships of the truth, which
is thus, if the Queen is pleased to grant to my Lady Bellomont
the whole 30 per cent., during all the time of my Lord's
administration, then the Staff Officers who have lived here upon
credit a great while, must expect to go to prison unlesse the
Queen is pleased to order some other fund for the payment of the
arrears due to them, as for the overplus of the 30 per cent. which
ought to have been applyed to the repairing of the fortifications,
I shall submit to your Lordships' opinions, what ought to be
done with that, only I must say that if that money had been
rightly apply'd, this Fort had not been in that miserable condition
I found it. I came to this place from Albany this day and finding
a ship ready to sail towards Virginia, in hopes to come time
enough for the convoy, I thought myself obliged to give you this
account. I do intend to-morrow to send for my Lady Bellomont's
Agents to know if they will proceed upon the accounts or not,
if not, I will by the first conveyance acquaint your Lordships
with it, and send you an account stated as I think it ought to
be, and submit it to your better judgments. I take the liberty
to acquaint you that I have met the Indians at Albany, and I
hope I have fixed them at least for this winter, I will by the next
conveyance send your Lordships a full account of what passed
between us. Signed, Cornbury. Endorsed, Recd. Dec. 15, 1703,
Read Feb. 22, 170¾. Holograph. 3 pp. [C.O. 5, 1048. No.
67; and 5, 1120. pp. 78–82.] |
| Oct. 7. |
1127. Journal of Assembly of Jamaica. The House having
met, acquainted H.E., and desired that Michael Houldsworth be
sworn. |
| Oct. 8. |
Rules of the House agreed upon;—21 to be a quorum, and 17
a quorum to call and adjourn the House and send for and punish
absent members and not to proceed to other business. Such
of the Assembly as shall be appointed to propose what the House
has to offer to the Governor and Council, shall not refuse. The
Assembly always at rising to adjourn from time to time as they
shall see it to be convenient for the speedy dispatch of affairs:
none to depart the House without the Speaker's leave upon any
pretence whatsoever. Every Bill before it pass to be read three
times after all amendments, and if there be any amendments
from the Council, then only the amendments shall be read three
times. That no man speak above twice at one adjournment
to the same debate without leave from the Speaker etc. The
Speaker and Assembly have power to imprison such of their Members as shall misbehave themselves, that all may be governed
by order and descency. The Minuits to be entered fair in a
Book apart and compared every morning, and that both the Books
remain in the hands of the Speaker for the time being etc. etc. |
|
Committee of Election and priviledges, and of grievances
appointed, and a Committee to inspect the Minuits of the former
Assemblys and put 'em in order, and report their proceedings
to the House. Also a Committee to inspect the entry of the
Minuits of this Session, and see they are fairly entered. And see
Minutes of Council in Assembly under date. |
| Oct. 9. |
See Minutes of Council in Assembly under date. |
|
Ordered that the Clerk copy the Minutes to be delivered to
the Governor every night. |
|
Ordered that the Clerk write to all the absent Members to
attend the service of the House Monday morning next at 7. |
|
Committees appointed to prepare and bring in several Bills.
[C.O. 140, 7. pp. 123–126.] |
| Oct. 8. |
1128. Vice-Admiral Graydon to the Earl of Nottingham.
I gott to Madera April 16, where we watered, from whence I
sayled on the 13th, and arrived at Barbadoes, May 12th. I
mett there with a brigantine lately come from Guardelaoupe,
and the Commander of her told me that the Army and ships were
at halfe allowance of provisions. Upon which I applyed myselfe
to the Agent Victualler there, who supplyed me with Beefe,
Porke, Bread and pease to the vallue of 1,310l. of that country
money, which I putt on board the shipps with all the hast
imaginable and sayled thence the 17th. The 20th I sayled close
by the Fort and Towne of Guardelaoupe, which I saw was ruined,
and stretched away for Antegoa, where I mett with the sloop,
which I had sent thither from Barbadoes to give them notice
of my arrivall. The 22nd I anchored at Antegoa and sent to the
Governour to supply me with some bread that I heard was to be
sold in that place, who being sickly sent me back a peevish answer
that he could gett none. The same day I weighed from Antegoa,
and anchored the 23rd in Nevis Road, where I found the fleet
and army in greate want. I supplyed them wth. what provisions
I brought with me to enable them to goe to Jamaica. The 24th
I removed into the Boyne and the 25th sayled from thence for
Jamaica, where I arrived June 4th. As soon as I had moured
the ships, I ordered surveys to be taken on all the ships I brought
with me, which were found to be very defective in their hulls,
rigging, masts, stores and provisions, and, which was most
material, in great want of men as will appeare by the weekly
account enclosed, which amounts to 1,800 seamen and 800
landmen. |
|
By an account from some French prisoners taken off of Cape
Tiberon in a sloop, they say that Monsr. Chasteau-Renault and
Mr. Du Casse lost great quantityes of men, which has weakened
them mightily in seamen. And I am afraid it will be of as badd
consequence to England, if they continue to send such heavy
squadrons hither, for what with the pestilentiall air of the clymate
and the Barbarous usage from the severall Islands, H.M. may
have occasion to repent sending squadrons of shipps and bodys
of men hither unless a new way of propagateing seamen and soldiers
be found out. The Government of these Islands being now
absolutely in the hands of Creoalians, who have plainly
demonstrated their zeal for H.M. service by raiseing the price
of all species of provisions, wanting treble to what it was at our
comeing in hither, and enticeing the seamen and soldiers to quitt
the service, and under the name of privatiering carry on a sinister
trade with H.M. enemyes, and faile not upon every occasion to
give notice of H.M. preparations and designes against them;
and tho' they seem publickly to be afraid of the French and
Spanyards attacqueing of them, yett in my opinion they are not
in any danger, considering the weakness of the French and
Spanyards in these parts unless forces be sent out of France.
Signed, Jo. Graydon. Endorsed, R. Oct. 8, 1703. Addressed.
Sealed. 2 pp. [C.O. 318, 3. No. 19.] |
Oct. 8.
Whitehall. |
1129. Journal of Council of Trade and Plantations. Present,
Lord Dartmouth, Sir Ph. Meadows, Mr. Cecil, Mr. Pollexfen.
Upon the prospect of having a fuller Board the beginning of the
next week, letters were writ to Sir Bartho. Gracedieu and Sir
Gilbert Heathcote, for the informations of all parties concerned
either for or against the late Acts concerning the seat of Trade
in Jamaica, that they may be prepared to attend this Board
without delay upon the first notice which shal be given them. |
|
Letters from Governor Nicholson, July 23, 28, Aug. 1st and
one without date, and from Mr. Jennings, July 6, read, and
enclosures laid before the Board. |
|
Letter from Col. Quary etc. June 30, relating to affairs in
Pennsylvania, read. [C.O. 391, 16. pp. 209–212; and 391, 97.
pp. 581–583.] |
| Oct. 8. |
1130. Minutes of Council in Assembly of Jamaica. Michaell
Houldsworth was sworne a Member for Westmoreland. |
| Oct. 9. |
Michaell Houldsworth came to the Governor and prayed the
late writts of Election for St. Thomas, Kingston, St. Andrews,
St. Johns, St. Dorothy's and Clarenden may be againe laid before
the House. And as soone as the House mett, the Clerk of the
Councill was ordered to carry them in accordingly, and was
ordered to acquaint the House that the Governor requires for
the future the Minutes to be delivered to him on a peice of paper
every night. [C.O. 140, 6. pp. 539; and 557.] |
Oct. 10.
St. John's, Newfoundland. |
1131. John Roope to the Council of Trade and Plantations.
In obedience to yr. Lordships' commands I now write wt. ye
shortness of time would give me the oppertunity of inspecting
into, for have beene butt five days in the country, butt my late
arrivall here will cause me to stay all winter, so yt. next year
shall be able give a perfect acct. of wt. improvements may be
made in ye trade of this country and by wt. meanes. I have
given Capt. Herne of the Centurion some sceemes that I drew up
in the passage. I know not how Admirall Griden's miscarriage
happened, butt my throughts are yt. if ye soldiers had been
brought out of England in the spring of the yeare, and nott from
the West India it would have beene of consequence. I therefore
humbly offer that if earely next spring there be about 2,500 land
soldiers and a small traine of artillery wth. about 15 or 16 ships
of war from 36 to 50 guns sent from England to take, seize and
keep all the Forts and settlements yt. ye French have in
Newfoundland and Nova Scotia, and some sent to cruise on the
Bancks, yn. not onely this inesteemable fishery will be once
more in our possession, but allso our northeren Plantations,
especially the North West or Hudson's Bay will be secured, for
Nova Scotia and the west side of Newfoundland being in our
possession itt is almost impossible yt. Quebeque and Canada
cann long subsist, for all ships that goe to Canada must and
doe pass through ye Channell that is between Newfoundland
and Nova Scotia; and if wee doe nott soone reduce Plasentia etc.,
'tis to be feared that they will reduce us, for wee are informed
by severall hands yt. there are 500 men in yt. garrison and at
present six ships of war, and they have so disposed their spyes
yt. have intelligence from hence every 3 or 4 dayes, I know [sic]
whither ye Irish yt. are here doe contribute to yt. Signed, John
Roope. Endorsed, Recd. Read Nov. 25, 1703. 1 p. [C.O. 194, 3.
No. 2; and 195, 3. pp. 253, 254.] |
