|
| Oct. 21. |
Upon their report, it was the opinion of the Board that the
balance of the Additional Duty was not sunck into the Revenue,
but might be appropriated by a New Bill. [C.O. 140, 6. pp. 178,
179; and 191, 192.] |
Oct. 20.
Williams burgh. |
1169. Minutes of Council of Virginia. H.E. signed warrants
for salaries of officers. [C.O. 5, 1412. pp. 105, 106.] |
Oct. 21.
Whitehall. |
1170. Journal of Council of Trade and Plantations. Letter
from Sir B. Granville, June 16, again read. Ordered that
extracts be sent to the Board of Ordnance and Mr. Lowndes. |
|
Letter from Sir B. Granville, Aug. 3, read, as also one to the
Secretary. Letter ordered to be prepared to Lord Nottingham,
enclosing extracts. |
|
Letter from Col. Quary, July 25, read. Letter ordered to be
prepared enclosing extracts to Lord Nottingham and Mr. Burchet. |
| Oct. 22. |
Upon further consideration of what Col. Quary writes in his
letters relating to Mr. Mompesson's being constituted Judge of
the Admiralty in Pennsylvania, it appearing to their Lordships
that Mr. Byfeild's Commission to be Judge of the Admiralty in
New England is thereby superceded, ordered that a letter be writ
to Mr. Phips to give him notice thereof. |
|
Representation ordered to lay before H.M. Col. Quary's
proposal for securing the Trade of America. |
|
Letter to Lord Nottingham, enclosing extracts of Col. Quary's
letter, signed. |
|
Letter to the Board of Ordnance signed. |
|
Representation for repealing an Act of Jamaica etc. signed. |
|
Letter ordered yester day to Mr. Lowndes and Mr. Burchet
approved. [C.O. 391, 16. pp. 238–241; and 391, 97. pp. 625–630.] |
Oct. 21.
Boston. |
1171. Minutes of Council of the Massachusetts Bay.
686l. 9s. 2d. paid to Capt. Cyprian Southack on account of the
rebuilding and refitting the Province galley. |
|
100l. paid to Thomas Brattle of the late Committee for the
Fortifications making on Castle Island. |
|
10l. 9s. paid to Corporal Sherebiah Butt on behalf of himself
and seven troopers that attended as guards in his late journey
to Piscataqua. |
|
6l. 15s. paid to Col. Wainwright for billeting 50 soldiers, which
with 4l. 17s. paid him by Capt. John Cutler, Commander of that
Company, is in full of the said accompt. |
|
9l. paid to Capt. Southack for what he paid to make good
the loss sustained by Paul Munier of Penobscot, when his house
was rifled the last spring. |
|
4l. paid to John Cutler, Chyrurgion, for medicines and attendance
on some of the men belonging to the Province galley, 1701. |
|
Licence granted to Elisha Hutchinson to cover a cellar at the
north end of Boston (over against the place where the late Major
Clarke's house stood) with a roof of timber. |
|
Licence granted to John Cutler to erect a dwelling-house of
timber upon his land situate between the houses of John Walker
and Henry Brightman, at the south end of Boston, the front to
the south to be roughcast, and the north side carried up with
brick. |
|
Licence granted to John Loreing to erect a building of timber
in addition to his house situate in Wings Lane (so called) in
Boston. |
|
Petition of William Vesey and several others, inhabitants of
the town of Braintry read, setting forth that they have at no
time consented or subscribed to the maintenance of the Minister
at Braintry, nor is there any agreement or order of the Town
upon record at any legal town-meeting warned for that affair,
setling the sum for his maintenance, notwithstanding which
several of them have been destrained upon for sums of money,
and praying relief. Ordered, a hearing on Oct. 28, and that the
Selectmen of Braintry etc. be notified to attend. [C.O. 5, 789.
pp. 538–540.] |
| Oct. 21. |
1172. Journal of Assembly of New York. Bill for raising
1,300l. read with amendments, passed and sent up. |
| Oct. 22. |
Message sent down that the Council had passed the above
Bill without any amendments. |
|
The House attending, H.E. gave his consent to the said Bill,
and adjourned the Assembly till the second Tuesday in April.
[C.O. 5, 1185. pp. 105, 106.] |
| Oct. 22. |
1173. Attorney General to the Council of Trade and
Plantations. I have considered the Acts of Barbados, March
and April, 1702, which I conceive are agreable to Law and doe not
contain anything prejudiciall to H.M. prerogative, except the
Act to secure the peaceable possession of negroes etc., as to which
I am of opinion that though many parts of this Law (which is not
temporary, but perpetuall) may be of use to the planters in
Barbados, yet that part of it which prohibits the carrying away
white servants without consent of the owners under the penalty
of 100l., and obliges masters of ships to swear not to carry them
away, is not fitt to be approved of, for that children stolen from
England and carried to the Barbados cannot be reclaimed and
carried away at the instance of their parents, and as it is worded
(if otherwise fitt) it is unreasonable, being, if any person shall
directly or indirectly carry of, attempt, or cause to be carried
of, any white servant without knowledge of the owner, which
a man may innocently doe, the words (knowing such person to
be a servant) being omitted, and therefore I think this Law with
these clauses in it not fitt to be approved. Signed, Edw. Northey.
Endorsed, Recd. Nov. 4,1703. Read May 3,1705. 1 p. [C.O. 28,
7. No. 2; and 29, 9. pp. 294–296.] |
Oct. 22.
Whitehall. |
1174. Council of Trade and Plantations to the Earl of
Nottingham. Enclose Extract from Col. Quary's letter of July 25,
by the first part thereof (which we have likewise communicated
to H.R.H. the Lord High Admiral's Council) your Lordship will
observe that little Justice is to be expected in Admiralty affairs
relating to Trade from a Judge of Mr. Mumpesson's opinion.
The state of the Leeward Islands we transmit to your Lordships
in order to a due provision for the security of the said Islands.
Signed, John Pollexfen, Mat. Prior, Wm. Blathwayt, Rob. Cecill,
Ph. Meadows. Enclosed, |
|
1174. i. Extract from a letter from Col. Quary, July 25, q.v.
[C.O. 5, 1233. Nos. 50, 50.i.; and 5, 1290. p. 386.] |
| Oct. 22. |
1175. William Popple to Sir Edward Northey. The Council
of Trade and Plantations observing by your letter of 19th that
you have occasion to look into Mr. Penn's Charter, send you the
enclosed copy. As for the Agents of other Plantations, several
of H.M. Plantations have no Agents, and very seldome any of
them do attend this Board about the Acts of their Assemblies,
unless it be in relation to such as are of a private concern, for
the Acts being in force there as soon as they are past, in many
cases the Agents are not solicitous of having them considered
here, because it often happens that some are repealed contrary
to their interest or desire. [C.O. 324, 8. pp. 261, 262.] |
Oct. 22.
Williamsburgh. |
1176. Governor Nicholson to the Council of Trade and
Plantations. This is designed, God willing, by Mr. Jenings (see
July 23). He carrys with him for your Lordships copys of the
Laws, several publick papers etc. I hope in God that his going to
wait on your Lordships about these affairs will be for H.M. especial
interest and service, for 'tis so designed by me. I'am allso in
hopes that your Lordships will find it so, and that you'l receive
a great deal of satisfaction by his waiting on your Lordships,
and giving your Lordships a just and full account of all affairs
relating to this H.M. Colony and Dominion. The 100l. which is
advanced him towards defraying his charges, I'm in hopes will
not be disapproved of by your Lordships, but that you will find
by his service to H.M. that he hath deserved a greater reward.
I thank God H.M. Revenue of the 2s. per lb. arrises to more than
what I did expect, and I'm [in] hopes that the arms, ammunition
etc. which H.M. was graciously pleased to send hither will be
all or most of them disposed of this winter, and that the 3,000 odd
hundred pounds will be paid into Mr. Auditor Byrd's hands by
April next. |
|
I have given Mr. Jennings copys of papers concerning a Burgess
for James City, and I hope yt. there may be no more Burgesses
chosen for yt. place. Col. Jennings knows yt. affair very well,
particularly how it was managed by a party. By Col. Jennings
I send to your Lordships copies of papers concerning the taking
up land on the south side of Blackwater swamp, that business
was managed very strangely. I have shewed the entrys to the
Surveyor Generall here and other Surveyors, who say they never
saw ye like entrys, and severall of ym. might have contained as
many thousand acres as they pleased, and I suppose yt. some
of them should be 10 or 20 thousand, and so to have engrossed
all ye good land in these pts., by which means they would have
kept other people from seating of it or else have made them
pay for it. Mr. William Edwards marryed one of Col. Harrison's
daughters, and Brown is a tool of theirs, as likewise Tho. Swan,
who is lately dead. My humble opinion is yt. it will most conduce
to H.M. interest and service that no person for the future, except
whome H.M. will make a particular mark of her favour, shall take
up above 1,000 acres. I hope Mr. Byrd will doe me the justice
as to give your Lordships an account of what a peaceable state
etc. this H.M. Colony and Dominion is in, and how (except a
very few) they are very well satisfyed with my Government etc.
No. 4 is his report about a perfect rent-roll of H.M. quit-rent.
Mr. Jennings knows these affairs very well, as likewise concerning
ye affairs of lapsed land, about which there is a law by which
people claim a right of having a patent for ye lapsed land be ye
number of acres never so many thousands. Where I find the
persons petitioning for about 7 or 800 acres, and that it doth not
appear to me that they are capable of improving it, I doe what
I can to hinder them from it. I thank God that this H.M. Colony
and Dominion is in peace and quietness, and I hope it will so
continue; and I shall not fail in my duty to her most sacred
Majesty to endeavour what in me lyes that it may continue so.
I herewith presume to send your Lordships a copy of the Grand
Jury's Address to me. According to your Lordships' commands
to me, Mr. Secretary Jennings hath for your Lordships copies of
the Proceedings of the Generall Court since my Government, as
likewise of all the County Courts, except one on the Eastern shore,
which was caused by the indisposition of the Clerk and great
distance of ye place. I hope no body can justly complain yt.
they have any designed delays in their tryals, especially in the
Generall Court: for do I assure your Lordships that I several
days in a Court sit till very late in the night, that business may
be dispatch'd. And it hath been my constant orders to the
County Courts not to delay justice, which I think is truly said
to be ye denying of it. We have several times but a few of the
Councill at our Court. I herewith humbly transmit a list of H.M.
Honble. Council (Col. Charles Scarborough is dead) as allso of fit
persons to be of ye Councill. The Honble. Col. Robert Quary
we can not depend upon: and ye Honble. Col. John Custis his
great distance and often infirmitys make him not to be depended
on neither. And the Honble. Benjamin Harrison, Senr., hath
neither been at Councill nor Generall Courts for above this half
year. And in a letter he writ me he was afraid he should never
be able to come again. What concerns the trade of this H.M.
Dominion, as, likewise particularly concerning the Fleet's coming
hither, and the want of goods, Mr. Secry. Jennings can give
your Lordships a very good account of these affairs. Col. Quary
shewed me what he had written to your Lordships concerning
the West Indy trade, which if it be done, I think it will be very
much for H.M. interest and service, and Mr. Secretary Jennings
knows yt. affair too, very well. His publick employments and
good abilitys in all respects, and his now management of affairs,
I hope will in some measure cause him to merit your Lordships'
protection. There gos with him Col. Danl. Cox, whom H.E. my
Lord Cornbury and I have found very active and zealous for
H.M. interest and service, since he hath been in these parts,
where he hath behaved himself very well in all respects, which
makes me hope he will return with Mr. Secretary Jennings
whom I hope your Lordships will be pleased to dispatch as
soon as possible; for I hope in God there will be no absolute
necessity for our Assembly's meeting till I have ye honour to
receive your Lordships' commands by him. There is now neither
here nor in Maryland any of H.M. men of war to attend either
of ye Governments. I'm in hopes that your Lordships will
be pleased to move H.M., that the man of war that is sent to be
here, may be here some time in Aprill or by ye middle of May at
farthest, by which time I suppose the London Fleet may sail from
hence. By Capt. Fogg, H.M.S. Falmouth, according to my
duty I writ to your Lordships, July 23, 24, 28 and Aug. 1; which
4 letters with ye box I hope in God your Lordships have rcd.
before this. Signed, Fr. Nicholson. Endorsed, Recd. Dec. 8,
1703, Read Jan. 4. 1703(4). Recd. from Mr. Jennings. 3 pp.
Enclosed, |
|
1176. i. Abstract of preceding. 2½ pp. |
|
1176. ii. List of papers sent to the Council of Trade. Endorsed
as letter. 1 p. |
|
1176. iii. Copy of Minutes of Council of Virginia, Aug. 26, 1703,
relating to the disposal of arms sent over by H.M. |
|
1176. iv. Mr. Byrd's Report relating to grants of land on the
South side of Blackwater Swamp. Williamsburgh,
Oct. 21, 1703. I have seen the entrys of the several
surveys referred to, and find several of ym., especially
of ye late Mr. Swan's, so uncertain yt. by reason no
quantity of lands or number of rights is mentioned,
only natural bounds between creeks and swamps, yt.
if the same contain many thousand acres more or less
is not to be known by the said entrys: and finding an
Instruction from his late Majesty directing that no
greater tracts of land should be taken up or patented
than might reasonably be cultivated, as allso an Address
from the House of Burgesses in 1696, praying that no
grant should be of those lands exceeding 400 acres to
one person, I humbly conceive a great part of those entrys
irregular and contrary to the intent and meaning of
H.M. Instructions and the Address of the House. Signed,
Wm. Byrd, Auditor. Endorsed as preceding. ½ p. |
|
1176. v. Mr. Byrd's Report on H.M. Quit-Rents. Notwithstanding I have (according to your Excellency's repeted
Instructions) used my utmost diligence in giving charge
to the Sheriffs and taking their rolls under oaths, I am
sensible there is still very great abuse therein, and I
conceive yt. to cause one or more countys to be surveyed
will be a great charge to H.M., and will noway answer
the end, since there is in all the countys swamp, marish
and barren lands not yet taken up or passed by any
tenant, neither can the sherifs be forced yn. to any more
certainty than at present, etc., etc. The best way
would be to oblige the inhabitants to enter what quantity
of acres they claim either with the Sheriff or Clark of the
County, who should return the same to H.M. auditor
who should be obliged to enter the same in a book, which
the people may be told shall appear as evidence of
their claims whenever any dispute shall be made hereafter. Signed, Wm. Byrd, Audr. Williamsburgh, Oct.
21, 1703. Endorsed as preceding. 1 p. |
|
1176. vi. Copy of the Address of the Grand Jury to Governor
Nicholson. General Court, Virginia, Oct. 20, 1703. Having
finished the business presented us by H.M. Council,
wee proceeded to consider of your Excellency's Speech,
wherein you were pleased to express your great trouble
to see so many criminals at this time, and out of your
pious care and religious zeale for the welfare of this
country seem to fear some impending judgment over
us, which God of His infinite mercy avert. We are
very much troubled to see so many criminals, and
return our hearty thanks to your Excellency for your
tender care and concerne for us, humbly hoping the
personal faults or uneasiness of some few will not affect
the generall, where all are so universally concerned
for them, at once detesting their wicked actions or
designs and imploring God's mercy. In all our stations
where we reside we find the country very easy and
quiet, without the least disturbance etc. Signed, Wm.
Tayloe, Foreman, Rodham Kennor, James Taylor,
Wm. Aylet, Saml. Bridger, Tully Robinson, Geo. Nich.
Hack, Phill. Lightfoot, Wm. Bridger, Jno. Waller,
Wm. Fox, Richd. Wyat, Jno. Story, Ant. Holliday,
Wm. Jones, Edwin Thacker, Henry Fox, Harry Beverley,
Hen. Duke, jr., Jno. Frayser, Hugh Norvell, Jno. Custis,
jr., William Hansford. Endorsed as preceding. Copy.
1 p. |
|
1176. vii. (a) List of the present Council of Virginia. Signed,
Fr. Nicholson. (b) List of those recommended to be
of the Council:—Col. Dudley Diggs, who lives about
15 miles off, and hath neither river nor creek to pass.
Wm. Churchill, who hath only York River to pass before
he comes to Williamsburgh. John Smith, son and
heir of Col. Lawrence Smith, who lives about 8 miles
from Tyndal's Point, where there is a good Ferry.
Col. Wm. Talo, who lives in Richmond County, and
has to cross the Rappohanock and York River: his
house is about 60 miles off. Col. Wm. Bridger, who
lives in the Isle of Wight County, hath James River to
cross, and 'tis between 30 and 40 miles to his house.
John Lewis, who lives within 2 miles of John Smith.
Lt. Col. Wm. Randolph, lives in the Freshes of James
River, only a small inland river before Williamsburgh.
Col. Gawin Corbin, Middlesex County, hath York River
to cross. Col. John West, King William County, hath
York River to cross. Robert Bowling, Prince George
County, hath James River to cross. Lt. Col. James
Ransom, Gloucester County, hath York River to cross.
Capt. Thomas Barber lives about 10 miles off. The
[last] 6 are of the Assembly and very useful there for
H.M. interest and service, so that I most humbly propose
that if any are to be made Counsellors now, they may
be of the other six gentlemen. Signed, Fr. Nicholson.
Endorsed as preceding. 3 pp. |
|
1176. viii. Copies of Proclamations by the Governor of Virginia,
(a) for proroguing the Assembly Oct. 1, (b) for the
apprehension of 5 seamen, deserters from H.M.S.
Guernsey, Oct. 12, (c) to H.M. Justices of Elizabeth
City County, calling upon them to give Commodore
Symonds all possible assistance by supplying him with
fresh provisions and seeing that his men are not
harboured by such as Anne Burd etc. Oct. 12, 1703.
The whole endorsed as preceding. 2 pp. |
|
1176. ix. Mr. Auditor Byrd's Account of the 2s. per hhd. of
tobacco exported, 15d. per tun for every ship lading
here, and 6d. per poll for every person imported,
April 25—Oct. 25, 1703. Totals, R. 3, 994l. 5s. 7d.
Exp. (salaries), 2, 057l. 12s. 02d. Due to H.M.
1,936l. 13s. 05d. Signed, Wm. Byrd. Endorsed as
preceding. 2 pp. |
|
1176. x. Transcript of several Orders, letters etc., relating
to H.M.S. Guernsey, 1703. Endorsed as preceding.
8 pp. |
|
1176. xi. Abstract of Militia of Virginia, 1703. Endorsed as
preceding. 1 large p. |
|
1176. xii. Abstract of List of Tithables of Virginia, 1703.
Counties: York, 1,279; Richmond, 1,483; Surrey, 844;
Charles City, 551(?); Nansemond, 1,117; Gloucester,
294; Elizabeth City, 478; Accomack, 1,061;
Northampton, 716; Stafford, 892; Norfolk, 693;
Middlesex, 807; Westmorland, 1,229; Prince George,
1,016; Princess Ann, 728; New Kent, 1,482; Henrico,
1,018; Isle of Wight, 734; Northumberland, 1,188;
Essex, 1,261; King William, 884; Warwick, 577;
James City, 1,435; King and Queen, 1,545; Lancaster,
909. Total, 26, 771. Slip. |
|
1176. xiii. Abstract of all the 5th men taken out of the several
troops and companies in Virginia to be ready upon
emergencies, 1703. Totals, 407 horse, 356 dragoons,
899 foot. Endorsed as preceding. 1 p. |
|
1176. xiv. Memorandum of Minutes of Council of Virginia,
March 19—July 14, 1703. ¼ p. |
|
1176. xv. Memorandum of Minutes of Council in Assembly of
Virginia, March 19—April 10, 1703. ¼ p. |
|
1176. xvi. Memorandum of Journal of House of Burgesses of
Virginia, March 19—April 10, 1703. ¼ p. |
|
1176. xvii. Memorandum of Minutes of Council of Virginia,
Aug. 26—Oct. 20, 1703. ¼ p. |
|
1176. xviii. Memorandum of List of ships entered and cleared at
Virginia, Feb. 24—March 15, 1703. ¼ p. |
|
1176. xix. Memorandum of copy of Laws of Virginia. ¼ p. |
|
1176. xx. Memorandum of copy of all the Bills prepared by
the Committee for revisal of the Laws. ¼ p. |
|
1176. xxi. Memorandum of abstract of proceedings in the
General and County Courts in Virginia, Dec. 9, 1698—Oct. 1703. ¼ p. [C.O. 5, 1313. Nos. 33, 33. i.–xxi.;
and (without enclosures) 5, 1360. pp. 439–448.] |
Oct. 22.
Whitehall. |
1177. Council of Trade and Plantations to the Board of
Ordnance. Enclose copy of Governor Granville's letter relating to
the Engineer and Gunners in Barbados. Signed, Robt. Cecill,
Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior.
[C.O. 29, 8. p. 331.] |
Oct. 22.
Whitehall. |
1178. William Popple, jr., to Wm. Lowndes. Enclosing
similar extract to be laid before the Lord High Treasurer.
[C.O. 29, 8. p. 332.] |
Oct. 22.
Whitehall. |
1179. Council of Trade and Plantations to the Queen. We
herewith humbly lay before your Majesty an Act passed in the
General Assembly of your Majesty's Island of Jamaica, Aug. 21
last, entituled "An Act for encouraging Privateers, and other
sea-faring men and to prevent impressing"; by which it is
enacted that if any person or persons shall presume to impress
any man that is or shall be an inhabitant of the Island, he or
they shall be liable to very severe penaltys, which we humbly
conceive is derogatory to your royal prerogative and highly
prejudicial to your Majesty's service and may endanger your
Majesty's ships of war in exigencys where seamen may be wanted.
But on the other side, we are obliged to lay before your Majesty
the great abuses that are represented to us to have been committed in that Island by the irregular impressing of men by the
Captains of those ships, notwithstanding your Majesty's
Instructions to all Governours of the Plantations, whereby you
are pleased to direct, that when any Captains or Commanders
of any of your Majesty's ships of war in any of your said
Plantations shall have occasion for seamen to serve on board
the ships under their command, they do make their application
to the Governours and Commanders in Cheif of the respective
Plantations, to whom your Majesty is pleased to commit the
sole power of impressing seamen in any of your Plantations
in America, or in sight of any of them, contrary to which
instructions, not only seafaring men, but land men and traders
having families there are violently carried off (as very lately
happened in Jamaica) without the privity or direction of your
Majesty's Lieutenant Governor, to the great diminution of the
strength of that Island and impairing of your Majesty's revenue,
not only by the loss of those men taken away, and the ruine of
their families, but by hindring some who might come to settle
there, and terrefying others so as to cause them to desert the
Island, which seems to have occasioned the Assembly's passing
this Act. We therefore humbly offer for the reasons before
mentioned, that the said Act may receive your Majesty's
disallowance and disapprobation, so nevertheless that the
Assembly may be assured by your Majesty's Lieutenant Governor
of your due care of them, in directing the strict observance of the
foresaid instruction for the future, and that your Majesty's
Lieutenant Governor be admonished not to give his consent
to any Act prejudiciall to your Majesty's royal prerogative. We
further humbly take leave to represent to your Majesty that
the Assembly of the said Island, still sitting when our last advices
came from thence, have fallen into great differences with the
Lieutenant Governor and Councill and into heats and disorders
amongst themselves, so that seven of their number being at once
expelled the House, there did not remain a Quorum sufficient,
according to the rules of that House, for passing any Bill the
third time; by which disorders the business lying before them
has been neglected, no due care taken for renewing the body of
their laws, and particularly of the Act of the Revenue which
is near expireing; upon which we humbly propose your Majesty
would be pleased to write to the Lieutenant Governour and
Councill taking notice of these disorders and your Majesty's
dislike thereof, and further enjoyning them to lay aside their
private heats and animosities, and to attend with diligence and
moderation your Majesty's service and the publick welfare of the
Island. Signed, Dartmouth, Robt. Cecill, Ph. Meadows, Wm.
Blathwayt, Jno. Pollexfen, Mat. Prior. [C.O. 138, 11.
pp. 58–62.] |
Oct. 22.
Whitehall. |
1180. William Popple, jr., to Josiah Burchet. The Council
of Trade and Plantations having received a letter from Col. Quary
of July 25, command me to send you the enclosed extract thereof,
relating to Mr. Roger Mompesson's superceding him in the place
of Judge of the Admiralty in that and the neighbouring Provinces,
and thereupon to observe, that the said Quary has long behaved
himself prudently and faithfully in discovering and preventing
illegal trade; that he was the last year justified in his proceedings
before a Committee of the Lords of the Councill against all matter
of complaint, which Mr. Penn could exhibit against him; that
he had H.M. approbation and reward for his good services, and
being ordered back to his post in the Plantations, has continued
constant and useful correspondence with their Lordships in
what relates to H.M. service in those parts; that the said
Mompesson's opinion mentioned in the above said extract about
tryals in Admiralty cases by Juryes, is entirely destructive of the
legal trade of the Plantations, and of the jurisdiction of the
Admiralty there, as settled by the late Act of Parliament relating
thereunto; for these Juries consisting of merchants or others
concerned in illegal trade (and in Pennsylvania of persons
unqualifyed by law) no impartial sentence can be obtained, of
which their Lordships have had many instances before them.
They have therefore ordered me to transmit this to you, as a
matter proper for the consideration of H.R.H. Councill.
[C.O. 5, 1290. pp. 384, 385.] |
| Oct. 22. |
1181. Minutes of Council in Assembly of Jamaica. The
Governor proposed to the Board to reassume the consideration
of the Bills lyeing before them, which the Council advised should
be adjourned to Tuesday. |
|
The House attending, the Speaker read and delivered to the
Governor the following Address:—As all our greivances properly
lead us to you for redresse, soe since our Journal, Minutes and other
papers of the greatest concerne have (by the malice and contrivance of some ill-disposed person or persons) been feloniously
taken out of the Assembly House, and torn, defaced and dispersed
in severall places in and about this Towne, which wee conceive
to be an affront of the highest nature to the Government, as well
as to our House, wee therefore humbly desire you to issue out
H.M. Royal Proclamation, expressing a reward for discovering
and apprehending the offender. Whereupon the Governor having
exprest his resentment and abhorrance of the fact, told the House
he would doe all that lay in his power for their satisfaction. |
| Oct. 23. |
Message in writing sent up, desiring H.E. to send up to
Providence for the releife of the inhabitants of that place, and
if they are willing to come, to bring 'em downe to this Island,
they being lately surprised by the enemy; and desiring leave
to adjourn till Tuesday. [C.O. 140, 6. pp. 542–544; and
560, 561.] |
| Oct. 22. |
1182. Journal of Assembly of Jamaica. The Journal of this
House being last night stole out of the Assembly House and tore
in pieces, and other papers and Records of the Assembly taken
out, tore and thrown up and down the streets in several places
of the Town, an address to the Governor was resolved upon. See
preceding abstract under date. Information being given to the
House that some persons could give an account who stole the
Journals, but were afraid of so doing, lest they should incurr
the displeasure of some persons in authority, Resolved that the
following message be sent up to the Governor:—The House
being informed that John Williams, a drummer in H.M. army,
now quartered at Mrs. Chamberlyn's, can give your Honour
some light into the tearing our Journall and Minuits, and who
were the offenders therein, we pray your Honour to order him
to be examined, and that he or any other that can make any
discovery thereof, may be protected by your authority against
the insults of all or any persons on this occasion. The Governor
replied that it should certainly be done, and he would have him
examined before a Magistrate immediately. |
| Oct. 23. |
Ordered that the Proclamation referred to be entered in the
Minuits. Quoted. Message sent up to thank H.E. for issuing it. |
|
See Minutes of Council in Assembly under date. [C.O. 140, 7.
pp. 136–139.] |
Oct. 22.
Hampton. |
1183. Minutes of Council of New Hampshire. The
Hon. John Usher presented H.M. Letters Patents constituting
him Lieut. Governor of this Province, and determining the
Commission of William Partridge. Mr. Usher took the oaths
appointed and subscribed and declared the Test and Declaration.
He acquainted this Board that he was a stranger to the present
affaires of this Province, and therefore desired this Board to let
him know if there were anything to be done proper for H.M. service
or the good of this Province, he should be very ready to take
care about the same. |
|
Nathaniel Weare signified that there were several men belonged
to Hampton, working at H.M. Fort, had been there a considerable
time, prayed they might be drawn off. [C.O. 5, 789. p. 147.] |
| Oct. 23. |
1184. Attorney General to the Council of Trade and
Plantations. I have considered the Acts of Barbados, Aug.—Nov., 1702, which I conceive are agreable to Law and doe not
containe anything prejudiciall to H.M. prerogative, except the
Act for fitting out ships of war, which gives the whole prize to
privateers, the perquisites of the Admiralty not being saved,
wherefore I cannot think it fitt to be approved, unless a law be
first passed in that Island to restrain the benefitts thereby allowed
to the captors to such privateers as shall be fitted out by the Island
and for reserving the perquisits of the Lord High Admiral. And
as to the Act that all persons both civil and military in office at
the demise of the late King shall continue, etc., it is unnecessary,
provision being made for continuing of officers in the Plantations
on the demise of any King or Queen of this Realm by the statute
of I Anne. And as to the Act for the remittance of the duty of
prize liquors, if that encouragement be thought fitt to be given
to privateers in Barbados, which is not allowed them here in
England, this Law being perpetuall, I am of opinion, is fitt to
be continued only for a time, for H.M. further consideration.
Signed, Edw. Northey. Endorsed, Recd. Nov. 4, 1703. Read
May 4, 1705. 1½ pp. [C.O. 28, 7. No. 3; and 29, 9. pp.
296–300.] |
| Oct. 23. |
1185. Navy Board to Mr. Burchett. We have received by
an Order from the Hon. Council of H.R.H. of yesterday's date
H.M. commands to give our opinion how H.M. Navy may be
supplied with tarr and pitch the next year, and to think it
absolutely necessary some measures should be speedily taken
for preventing H.M. being imposed upon hereafter, as hath been
done this year, for, as the Swedes have doubled the prices this
year, they may double or treble them any year as they shall
think fitting, if some way or other be not found out to obviate
the same. Refer to other sources, viz. New England and the
other Plantations. "From the Plantations is uncertaine, and
no considerable quantitys can be depended from thence in some
years, but in our humble opinion, if any persons will undertake
the importation thereof, it will be expedient to encourage them
to make a beginning in the methods we have formerly advised,
hoping time may bring it to perfection." Refer to supplies from
Russia, Norway and Holland. Copy. Unsigned. 1½ pp.
[S.P. Naval, 7. Under date.] |
| Oct. 23. |
1186. Minutes of Council of Virginia. Mr. Auditor Byrd's
account of the 2s. per hhd., 25th April—25th Oct. read. |
|
H.E. laid before the Council the present state of the French
Refugees at Manican Town. Ordered that it be referred to the
consideration of the Assembly. |
|
Proclamation ordered proroguing the Assembly to April 20. |
|
Col. Benjamin Harrison excused attendance on account of
sickness. |
|
Whereas Richard Ligon, Surveyor of Henrico County, was
suspended Aug. 26, ordered that notice be given to Col. Miles
Cary, Surveyor General on behalf of the Trustees of William and
Mary College, and Robert Bolling, jr., is recommended to supply
the place of Ligon till his suspension be taken off. |
|
John Lightfoot was granted till next meeting of Council to
put in his answer (see Oct. 1st). |
|
Capt. Markham, of the Cuthbert and Spranger, having failed
to deliver 3 barells of powder of the stores sent in hither by H.M.,
was ordered to pay for the same as he requested. |
|
H.E. signed divers patents for land and probates and
administrations. [C.O. 5, 1412. pp. 109, 110.] |
Oct. 24./Nov. 4.
Fort Kÿkoveral, Essequibo. |
1187. Samuel Beeckman to the [Directors of the Dutch
West India Company]. Signed, Samuel Beeckman. Endorsed,
Read 19 July, 1704 (N.S.) Dutch. 3½ pp. Enclosed, |
|
1187. i. Invoice of goods. Signed, Samuel Beeckman. Dutch.
1 p. [C.O. 116, 19. Nos. 19, 19. i.] |
Oct. 25.
Whitehall. |
1188. William Popple, jr., to John Sansom. Enclosing copy
of the proceedings of a Court Martial held in Barbados Feb. 2,
"that you may lay the said proceedings as they relate to Mr. Cox
before the said Commissioners." [C.O. 29, 8. p. 335.] |
Oct. 25.
Whitehall. |
1189. Council of Trade and Plantations to the Earl of
Nottingham. We send your Lordship the extract of a letter
from Governor Sir Beville Granville, of Aug. 3 last, as also a copy
of the Proceedings of a Court Martial therein referred to, which
we pray your Lordship to lay before H.M., the persons therein
mentioned having layn long under condemnation, and one of
them (who was to suffer death) reprieved, and they being within
H.M. mercy, their case is humbly submitted to H.M. pleasure.
And whereas Mr. Cox, one of H.M. Councill of that Island, is
therein mentioned, as having too far countenanced the Frenchmen,
we humbly offer that he be suspended from his place in that
Councill, till he has cleared himself of the imputation that lies
upon him, before H.M. Governor there. Signed, Wm. Blathwayt,
Jno. Pollexfen, Mat. Prior, Dartmouth, Robt. Cecill, Ph. Meadows.
(Autographs.) 1 p. Enclosed, |
|
1189. i. Extract of letter from Governor Sir B. Granville
referred to in preceding. 1 p. |
|
1189. ii. Copy of Proceedings of Court Martial referred to
in preceding. 2½ pp. [C.O. 28, 38. Nos. 17, 17. i., ii.;
and (without enclosures) 29, 8. p. 334.] |
Oct. 25.
James River in Virginia. |
1190. Sir Thomas Laurence to the Council of Trade and
Plantations. Not having had any directions from the Honble.
Mr. President Tench to examine or sign or send to your Lordshipps
any Journalls or accounts of any publick transactions, excepting
that relating to Captain Bostock, since Col. Blakiston left
Maryland, I presume to acquaint your Lordships with some
passages which have occurred since I had the honour last to
write to the Honble. Board: Last Whitsuntide going to the
yearly meeting of the Quakers at West River, which is also a
general rendezvous of all persons who have business with one
another, I could not but take notice of the bold and insolent
behaviour of one Thomas Story, a leading Quaker of Pensilvania,
and an officer in Mr. Pen's Government, this Person, not content
to declare blasphemously a Commission by divine immediate
inspiration to convert the people of Maryland to the only truth,
held forth as he said by the Quakers, —preach't down with all the
force he had both the doctrine and discipline of the Church of
England, especially in the Sacraments of Baptism and of the
Lord's Supper; so that severall good women who had been
godmothers refused to stand any more in that relation; in the same
manner he preach't triumphantly along our Western shore, being
attended by the principal Quakers through Baltemore County
to Pensilvania; I acquainted Mr. President with this their
impudent proceeding, with whom I could find no better expedient
to put a stop unto it then by accompanying Mr. George Keith
and Mr. Talbot (who came a while after to us from Virginia)
to the churches and places nearest where he had been, to recover
the amused people by exposing their heresyes and false doctrines.
But since your Lordships in settling our law for Religion (so
graciously confirmed by H.M. and now printed among us) have
so prudently taken care that the Quakers, if they will claim
the benefit of the Acts of Toleration, shall qualify themselves
according to those Laws, we have little reason to fear that hereafter they will gain any ground among us; one thing is worth
the taking notice of on this point, that they still as much as ever
exhort and encourage one another to make no voluntary payment
of the forty p. Poll: but to suffer distress as if no such law had
been made, nor they ever concerned themselves about it. About
the beginning of August, being desirous to avoid the great heats
of that season, and to wait on my Lord Cornbury, I took a journey
to New York; my Lord having some time before required of the
Government, that the 300l. before given by the Assembly as their
Quota for the defence of Albany (which now if ever needs it from
the late excursion and great mischief the French Indians made
and did upon the frontier of New England) should be remitted
unto his Lordship, I acquainted Mr. President with my intent
of going thither and with my readiness to doe the country that
service of carrying those bills, and bringing back such a discharge
from my Lord as they desired, without any charge to the Government. Mr. President was very well pleased with the offer, but
the Gentlemen of the Councill who met soon after, agreeing to
make that payment in some other way, nothing was then done, nor
know I what is since done in it: I had the good fortune to meet
my Lord Cornbury at Philadelphia, whither he was invited and
nobly entertained by Col. Quary, and to wait on him to Burlington,
where after his Lordship had in six days executed H.M.
Commission for the Jerseys to their universall satisfaction, I
attended him to New York, being received by his Lordship in a
manner far beyond my deserts, untill he went up to Albany
about the middle of September to give a meeting to the Indian
Sachems, and to take effectual order for the perfecting the
fortifications he had designed and begun both there and at
Schenectady. The magazeen his Lordship hath built in the
Fort at New York is so deep, strong and well-covered, that it
is impossible any cannon, bomb or fire should ever to hurt it.
My Lord's return was expected Oct. 1st to hold the Assemblys
at New York and at Amboy in East Jersey, where it is not doubted
but that his Lordship's generosity and prudence, having created
him so great an interest in the love and affections of those people,
all things will be concluded for H.M. honour, and according
to her expectation. At this time a great cold and feavrish distemper hindring my return to Maryland as I designed, I took the
opportunity of returning home by Virginia in the Jersey,
Capt. Rogers Commander, (who was ordered by my Lord to
convoy two vessells from New York which now design home
with the grand fleet of nigh sixty sail) in hopes of meeting H.E.
Coll. Seymour, our Governor, and of attending him to Maryland,
but as yet we have no news of that fleet; I heartily wish that
when they arrive, the severe and early frost the last of September
and a more terrible storm which since hath overturn'd a great
number of tobacco houses, and destroyed a great part of this year's
cropp, may have left enough to load them according to their
expectations. At my arrivall here the 8th instant, I found
Governour Nicholson just upon the recovery from a dangerous
feaver, but nothing hath been able to hinder his indefatigable
industry in presiding and dispatching all the business of the
Generall Court from whence wee this night expect him, to give all
necessary orders for helping to repair severall shipps shattered
in the late storm, and for the making up and dispatching away
the fleet; I know not what aspersions some malicious persons,
never to be pleas'd, never to be obliged, may have raised against
H.E. at home, but this I can affirm as an eye and ear witness,
that all good men joyn in giving him his due and just commendations for his generosity, charity, courage and justice, and which
his most partial enemys cannot deny him; I have seen myself
through Maryland, Pensilvania, Burlington and New York,
the many churches in which he hath laid either the foundation
or the finishing stone, beside those of Carolina and New England,
where I have never been, so that I trust for the generall good of
all these H.M. American Provinces, his adversaryes who have
so seldome done any great or good action will never (through
your Lordships' patronage) be able to hurt him. In Maryland
Captain More, Commander of the Oxford, having in his voyage
hither taken a rich prize of 700 hogsheads of sugar coming from
St. Domingo, had her lately condemned to the value of above
3, 000l., H.M. part (there being no Commissioner appointed by
the Prize Office) is secured in the hands of George Plater, H.M.
Receiver, in which the Honble. Coll. Quary took particular care.
About the same time Mr. Charles Carroll, Atturney to my
Lord Baltemore, in great favor with him, and who of late years
hath taken up great tracts of land in Maryland, especially in
Baltemore County, arrived there, bringing with him nigh 200
Irish Papist servants and some Priests, as I am informed, these
when they come to be free will no doubt be troublesome enough
and greatly strengthen and promote the interest of the Roman
party. I only represent the fact, but if such colonys by this
example be repeated, I humbly offer to your Lordships' consideration what will be the consequences. Before I left New York I
wrote to Mr. President Tench, requesting him that if he sent any
Journalls of Councill to your Lordships by this fleet I might see,
peruse and sign them here, but I have no account from him, and
therefore humbly beg your Lordshipps' pardon for an omission
which this time I cannot help, though indeed those Journalls of
Councill only lying in Mr. Bladen's office as Clerk of the Councill,
never come into mine, tho' I have ever signed them. Signed,
Thoms. Laurence. Endorsed, Recd. Read Jan. 11, 170¾. 4 closely
written pp. [C.O. 5, 715. No. 76; and 5, 726. pp. 269–277.] |
Oct. 25.
Whitehall. |
1191. Council of Trade and Plantations to the Earle of
Nottingham. Capt. Richards, Cheif Engineer and Capt. of the
Company of Foot at Newfoundland, having left that place with
the ships commanded by Vice-Admiral Graydon, the eldest
Lieutenant remaining there, has sent us the examination of
two deserters from Placentia, which bringing intelligence of
importance, we transmit the same to your Lordship for H.M.
information, and we cannot but further observe to your Lordship
that the place is left without an Engineer or Capt., which may
be very prejudicial to H.M. service in this conjuncture. Signed,
Wm. Blathwayt, Jon. Pollexfen, Robt. Cecill, Ph. Meadows,
Mat. Prior. Autograph signatures. 1 p. Enclosed, |
|
1191. i. Copy of Examination of Laville and Belrose, two
deserters from Placentia, Sept. 26, 1703. They left
that place the 16th inst. Two men-of-war came in
the 6th with 500 men each, besides 3,000 that was
already in the place ready to oppose our landing, which
they immediately expected upon discovering 7 of our
ships off the Bay, and put 300 men into the Redoubt,
which has ten pieces of cannon. The two men-of-war
which arrived there were 60 gun ships. Four more
they dayly expected, which were designed to attack
St. John's by sea, having mortars and bombs on board.
The Governor has appointed 500 men to march in the
meantime overland. The six saile of men of war are
to be under the command of Mons. Barbina. This
winter there will remaine in Placentia 1,500 good men.
There is provisions in the Fort for that number for a
twelve month. The Grand Fort has 38 pieces of cannon
and a new little Fort, and at the mouth of the Bay
6 guns. Signed, Tho. Lloyd. 1 p. [C.O. 194, 22.
Nos. 8, 8. i.; and (without enclosures) 195, 3. p. 252.] |
Oct. 25.
Whitehall. |
1192. Journal of Council of Trade and Plantations. Letter
to Lord Nottingham signed. Ordered that a copy of the
proceedings of the Court Martial referred to by Sir B. Granville,
Aug. 3, be sent to Mr. Sansom. |
|
Letter from Lieut. Lloyd, Oct. 4. read. Letter to
Lord Nottingham, with copy of enclosure, ordered. Ordered
that Mr. Thurston have notice to attend to-morrow. |
|
Letter from Sir B. Granville to the Secretary, Aug. 8, read. |
| Oct. 26. |
Letter to Lord Nottingham signed. |
|
Copies of the Kingston Act granted to Col. Lawes, and ordered
to be given to the Gentlemen of the other side, if they desire it. |
|
Their Lordships considered the draught of a Representation
upon Col. Quary's letter of July 25, relating to the security of the
Trade of the Plantations. |
| Oct. 27. |
Draughts of letters to several Governors were agreed upon. |
|
Representation on Col. Quary's letter further considered.
[C.O. 391, 16. pp. 241–245; and 391, 97. pp. 633–641.] |
| Oct. 25. |
1193. Journal of Assembly of Barbados. Absent members
fined. Present Members being but 14 adjourned till Nov. 9.
[C.O. 31, 7. pp. 119, 120.] |
