America and West Indies
May 1703, 1-10

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Institute of Historical Research

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Cecil Headlam (editor)

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1913

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394-411

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'America and West Indies: May 1703, 1-10', Calendar of State Papers Colonial, America and West Indies, Volume 21: 1702-1703 (1913), pp. 394-411. URL: http://british-history.ac.uk/report.aspx?compid=73603 Date accessed: 18 April 2014. Add to my bookshelf


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Contents

May 1703, 1-10

May 1.
St. James's.
647. Order of Queen in Council. Upon reading this day at the Board a report from the Board of Ordnance with an estimate of stores proposed to be sent to New Yorke, and notice being thereupon taken of the great sums that have been lately expended for stores of war to be sent to the Plantations, Ordered that the said report and estimate be sent to the Rt. Hon. the Earl of Nottingham, H.M. Principal Secretary of State, to be layd before H.M. at a fitting opportunity to consider of the proper method of defraying the great charge of the said stores of war and of stores of war to be sent as occasion shall require to other H.M. Plantations in America. Signed, John Povey. Endorsed, Recd. 2nd, Read July 6, 1703. 1 p. Enclosed,
647. i. Report and Estimate of the Board of Ordnance, referred to in preceding. See April 27. 3 pp. [C.O. 5, 1084. Nos. 17, 17.i.; and (without enclosure) 5, 1048. No. 55; and 5, 1119. p. 488.]
May 1.
St. James's.
648. Order of Queen in Council. Upon reading this day at the Board a memorial from H.R.H. the Lord High Admiral, April 30, relating to the sending a fourth-rate ship this year for H.M. service to the Provinces of the Massachusetts Bay and New Hampshire to be added to a fifth-rate ship now attending H.M. service in those parts, Ordered that H.R.H. give all necessary directions for the sending of a fourth-rate ship against the next spring to New England accordingly. Signed, John Povey. Endorsed, Recd. Read May 11, 1703. ¾ p. [C.O. 5, 863. No. 27; and 5, 911. pp. 40, 41.]
May 1.
St. James's.
649. Order of Queen in Council. Referring enclosed petition to the Council of Trade and Plantations for their report. In the meantime the Commission to Mr. Usher to be L.G. of New Hampshire not to pass. Signed, John Povey. Endorsed, Recd. Read May 1, 1703. 1 p. Enclosed,
649. i. Major Wm. Vaughan to the Queen in Council. Samuel Allen claims all or the greatest part of the land in New Hampshire by a title derived from one John Mason, and has commenced several suits against petitioner and other inhabitants to recover their estates, which their ancestors have possessed for above 60 years. He claims as wast ground great quantities of land which have always been enjoyed by the inhabitants as common to their tenements. The suits commenced by Mr. Allen have been managed by John Usher, who after the death of Mr. Allen will in right of his wife be intituled to part of his estate. Mr. Usher by his mismanagement when he was L.G., and by several misdemeanours committed by him (which petitioner is ready to lay before your Majesty) forced several of the principal inhabitants to leave the Province, and thereby, and by the prosecution of the suits beforementioned, hath extreamly disgusted all the inhabitants of that Province, and rendred himself very unacceptable to them. Petitioner prays H.M. to stop the patent constituting Mr. Usher L.G. of New Hampshire till petitioner be heard by his Counsel before H.M. Copy. 1¾ pp. [C.O. 5, 863. 26, 26.i.; and 5, 911. pp. 26–30.]
May 1.
St. James's.
650. Order of Queen in Council. Upon Representation of April 29, ordering the Council of Trade and Plantations to prepare the draught of a letter from H.M. to Governor Bennet to discharge Mr. Larkin and permit him to repair where H.M. service may require his presence, and such other directions as are proposed in the said Representation, and to present the same for H.M. approbation at this Board. H.R.H. to be desired to give the necessary directions for a speedy and certaine conveyance of the said letters to be sent from H.M. by an advice-boat in case no other opportunity do offer of one of H.M. frigats, or some other speedy conveyance for the same. Signed, John Povey. Endorsed, Recd. 4th, Read May 11, 1703. 1¼ pp. [C.O. 37, 4. No. 25; and 38, 5. pp. 379, 380.]
May 1.651. Minutes of Council in Assembly of Jamaica. A Bill to continue in force an Act to continue H.M. soldiers in quarters; and a Bill to confirm an agreement between Olivia Reid, widow, and Nathaniel Browne and Anna Petronella, his wife, sent up.
Ordered that the Clerk of the Council write to all the Gentlemen of the Council now absent, except Col. Lowe now gone to the Bath for his health, that they fail not to be here at Council on Thursday morning by 9 o'clock. [C.O. 140, 6. p. 463.]
May 1.
Boston.
652. Minutes of Council of the Massachusetts Bay. Accompt of Daniel Peirce for vessels hire and men's wages to transport provisions from Newbury to Casco Bay in the winter past, for supply of the trade with the Eastern Indians, amounting to 32l. 18s. 6d. paid.
H.E. communicated to the Council a letter from Major March at Casco Bay, intimating the discourse he had with some of the Indians that were abused and plundered by Captain Chadwell and company about Naskeag, and that they were well satisfied that H.E. would order restitution to be made them, and to Paul Munier's wife, and that they did not desire any person should be put to death for the killing of Munier, but otherwise punished.
423l. 12s. paid to Major John March, Commander of H.M. Fort at Casco Bay for himself and company, July 22, 1702–March 22, 1703.
26l. 7s. 6d. paid to Timothy Wadworth, executor of Thomas Broughton, armourer at Casco Bay.
53l. paid to Timothy Wadsworth, gunsmith, for repairing and cleansing the public stores of arms May 7, 1702–May 1, 1703.
84l. 13s. 2d. paid to Capt. Southack, H.M.S. Province Gally. for wages for himself and company Dec. 16, 1702-April 15, 1703.
564l. 5s. 4d. paid to Andrew Belcher for provisions supplied for H.M. soldiers etc.
7l. 14s. 10d. paid to Penn Townsend, on behalf of himself and others, for wine etc. expended on the day of H.M. Coronation and at the arrival of the good news from Vigo.
24l. 1s. paid to Daniel Willard, keeper of H.M. prison in Boston, for keeping sundry French prisoners of war Nov. 17, 1702–Feb. 22, 1703, and for fireing for them.
10l. paid to Samuel Moody, Minister of York, and 20l. to Joseph Smith, Chaplain to the Garrison at Brookfield, as voted by the Assembly May 27, 1702. [C.O. 5,789. pp. 501–503.]
May 1.653. Journal of the House of Representatives of New York. Bill for taking off the duties paid on goods carried up Hudson's River and setling an equivalent for the same, was read the second time and committed.
Bill to enable Justices of the Peace etc. read a third time and sent up. [C.O. 5, 1185. p. 42.]
May 3.
Whitehall.
654. Journal of Council of Trade and Plantations. Report of the Ordnance Board read, and a copy taken thereof.
Report of H.R.H. upon Col. Dudley's desire for a frigate, read and copy taken.
Order of Council, May 1st, read. Ordered that Mr. Vaughan be directed to lay before the Board in writing what he has to offer in confirmation of the allegations contained in his petition, and that he come prepared on Monday next with his Council learned (if he thinks fit) to make good the same.
Ordered that Mr. Usher have notice of this appointment, that he may come prepared in the same manner for his defence.
Their Lordships taking into consideration the state of the coin in the Plantations, in order to represent what may be proper to be done for the better settling thereof, ordered that a copy of an Act of the Massachusetts Bay, for ascertaining the value of coines currant within this Province, past 1697, and confirmed by the Lords Justices Nov. 24, 1698, be sent to Mr. Attorney General for his opinion whether H.M. may not by Proclamation alter the rates specifyed in that Act notwithstanding its having been so confirmed.
May 4.Letter from the Secretary to Mr. Attorney to this effect was approved of and sent.
Their Lordships taking into consideration the six Acts of Mountserrat, laid before them Jan. 29, the opinion of Mr. Attorney General upon the first, for quieting men's estates etc., was read. Directions given for preparing a Representation upon the Acts. [C.O. 391, 16. pp. 96–99; and 391, 97. pp. 347–349.]
May 3.655. Journal of House of Representatives of New York. Ordered that the Committee on the Hudsons River Bill report to-morrow.
May 4.This Bill with amendments was read and agreed to.
Bill for regulating highways etc. was read with amendments and agreed to.
May 5.Bill for quieting the inhabitants in possession of their estates was read the second time and committed.
Commissioners of Public Accounts reported their progress in that matter. Their report was considered. [C.O. 5, 1185. pp. 42–44.]
May 4.
Whitehall.
656. William Popple to Sir Edward Northey. The Council of Trade and Plantations having under consideration the state of coin in H.M. Plantations, and how the current rate thereof may best be settled and reduced in all parts to a fitting equality, they have ordered me to send you the inclosed copy of an Act of the General Assembly of the Massachusetts Bay (which has been confirmed there) entituled An Act for ascertaining the value of coins currant within this Province, whereby it now appears that they have made the foreign species of coins currant at higher rates than in other Colonies, and thereupon do desire your opinion whether H.M. by her royal prerogative may alter by proclamation the rates of foreign coin in that Province (as well as in others) notwithstanding the said Act. Signed, Wm. Popple. 1 p. [C.O. 323, 5. No. 13; and 324, 8. pp. 247, 248.]
May 4.657. Minutes of Council in Assembly of Jamaica. Bill for continuing the quartering of the soldiers was read and rejected. The Governor acquainted the Board that on the last day, when the Act for quartering the soldiers expired, there came the said bill from the House to continue the same for a month longer without any regard to the officers at all, which he looked upon to be triffling and unnecessary delayes, and positively contrary to the vote of their House of April 21, and impracticable to lay such a weight upon the Revenue as the maintenance of those in garrison and out of quarters. There being noe money, the Board unanimously advised his Honour to send for the House and to tell them that the Council unanimously rejects the present Bill for continuing the quartering of the soldiers, for it does not ease the country of their present burthen, nor take any care to reimburse the Treasury what it is out, which is so far exhosted that there is noe money left to subsist those in garrison and the sixteen out of quarters in town for one day, much less for a month. In which opinion the Governor concurred with the Council and therefore it was concluded to send for the Speaker and the whole House, and to command them to return to their House and desire them forthwith to goe upon a Bill for the effectual quartering and providing for H.M. officers and soldiers without permitting any other business to intervene.
May 5.The House was summoned and attending, the Governor instructed them as above. The House desired a free conference upon the Governor's Speech, which the Council refused as impracticable, but the Clerk of the Council had leave to tell the House that if they had any subject matter they desired the conference upon and would particularly name it, the Council was ready to meet them. [C.O. 140, 6. pp. 463–465.]
May 4.658. Minutes of Council of Maryland. The whole proceedings of the President and Council in relation to H.M. Advice-boat Eagle and Capt. Bostock were read and well approved of, and he being sailed with the vessel out of this Province without any orders from the Government, ordered that the whole proceedings be laid before the Council of Trade and Plantations, the Secretary of State and the Commissioners of the Admiralty, and that Major William Dent, Attorney General, prepare a letter for this Board to sign.
The Governor of Virginia being now here in town, resolved, that he be made acquainted with the proceedings of Capt. Bostock and advised with thereupon.
H.M. Order by the Lord Nottingham to assist the Agents of the Commissioners of the Victualling and the Captains of men of war, Oct. 20, 1702, now come to hand, was read.
At the request of the Governor of Virginia, ordered that the several Collectors do make up their accounts and swear to the same before the President.
Petition of Edward Pollard of Talbot County praying for H.M. pardon, he having been found guilty of manslaughter for unfortunately killing and shooting a man when really intended to shoot at a wood turkey, the said Pollard being a very poor man and not of the value of 10l., ordered that a pardon be prepared accordingly.
Upon the petition of Richard Bennett praying the assignment of the bond of Thomas Staly, late High Sherrif of Baltemore County, from which he has a public claim, the bond was ordered to be assigned accordingly.
The Assembly was prorogued to June 5th.
Sherrifs Commissions renewed. Mr. Aquilapaca appointed Sheriff of Baltimore County and Roger Woolford, Sheriff of Dorchester County.
Came Pannquass, an Eastern Shore Indian at Nanticoke, and Commander there, and complained that his cabin had been broken open by a negro belonging either to Major Thomas Taylor of Dorchester County or Mr. Peter Taylor his son, from whence he had stole divers goods, which Panquass mentioned, part whereof were found upon him and were restored, the other having been made away with by the negro, for which he demanded 69 good drest deer-skins. But his complaint being considered, and he being offered 60 doe skins, says if they be good ones, he will be satisfied. Ordered that Peter Taylor or Thomas Taylor pay the 60 drest doe skins to Panquass before Col. Thomas Ennals, who is to be judge of their worth, and is hereby ordered to punish the negro by whipping, otherwise in case of refusal, he is to commit the negro to gaol to be prosecuted in the Provincial Court for that offence. [C.O. 5, 745. pp. 27–29.]
May 5.
Whitehall.
659. William Popple to Josiah Burchet. The Council of Trade and Plantations desire you to acquaint them with the name of the Commodore intended this summer for Newfoundland, and about what time he will be ready to sail, that they may prepare such Instructions as may be necessary. [C.O. 195, 3. p. 222.]
May 5.
Admiralty Office.
660. Josiah Burchett to William Popple. In reply to preceding, the ship which next goes to Newfoundland is the Centurion, commanded by Capt. Herne, which will sayle the latter end of this, or the beginning of the next month; and as for such Instructions as their Lordships shall think convenient to send thither, it is necessary that they bee directed to the Commander in Chief of H.M. ships, and they may be left at or delivered to him by the Capt. of the Centurion upon her arrivall there. Signed, J. Burchett. Endorsed, Recd. Read, May 6, 1703. 1 p. [C.O. 194, 2. No. 118; and 195, 3. pp. 222, 223.]
May 5.661. Minutes of Council of Barbados. The President read two letters received from the Earl of Nottingham, dated Feb. 25 and March 20, two from the Council of Trade and Plantations, Jan. 26 and Feb. 23, together with a letter from Mr. Popple, March 23.
Ordered that a packet directed to the Governor of Bermuda be forwarded by a vessel now preparing to go thither.
The Hon. Charles Buckworth attended with several depositions he had taken relating to the complaint of Capt. William Pead, which were read and ordered to lie upon the table.
Petition of Capt. John Grezielleur read, setting forth that he arrived here about eight months since in his ship from Guinea; that soon after his arrival there was an information made against them that his ship was not manned with three fourths Englishmen according to the Acts of Trade and Navigation. Referred to Charles Buckworth to enquire into.
Edward Chilton, Attorney General, moved that noe privateers be admitted to goe out of this Island until they have given security to pay the Lord High Admiral's tenths of every prize they shall take, which was granted. Then he presented a Commission from England impowering Charles Thomas to receive the Lord High Admiral's tenths, and also a Commission from the Lord High Admiral appointing Capt. Charles Thomas, James Aynsworth and Thomas Stewart to be Commissioners to examine witnesses of all prizes brought in here by letters of marque; which the Board allowed.
Deposition of Manuel Manasses Gilligan read, setting forth that Charles Buckworth this day finisht certain depositions taken against him by order of this Board, which he had been denied all liberty of seeing, and praying liberty to cross-examine the witnesses and examine other witnesses on his behalf.
Petition of Capt. John Halsy and Capt. Wm. Pead read, praying that Gilligan may not be allowed to go off the Island, more especially since they have been informed by Governor Codrington that he is a very bitter enemy to the English, and so deemed (through all the West Indies) and further that 'twould be of great service to confine him during the time of warr. The matter was referred till next Tuesday. [C.O. 31, 8. pp. 21–25.]
May 6.
Whitehall.
662. Journal of Council of Trade and Plantations. Order of Council, April 3, read.
Letter from Mr. Burchet, May 5, read.
Draught of a Representation upon the Mountserrat Acts agreed upon.
Mr. Wharton and Mr. Bridger, in behalf of the undertakers for importing naval stores from New England, declared that unless their Lordships would depart from that clause in the draught of a Charter whereby they are restrained from alienating shares of their stock in five years, they should not be able to find subscribers, and therefore could not proceed in that undertaking. Whereupon they were directed to lay before the Board their reasons against the said clause in writing, and further to endeavor to procure a report from H.R.H. upon the Representation of March 4, that their Lordships may consider of a further Representation upon the whole matter.
May 7.Representation upon six Acts of Mountserrat signed.
Representation upon six Acts of Antego signed. [C.O. 391, 16. pp. 99–101; and 391, 97. pp. 353–355.]
May 6.
Annapolis.
663. Minutes of Council of Maryland. The Rev. Mr. Nobbs offering to the Board that Henry Groves under sentence of condemnation for felony, who had formerly had the favour of a reprieve from Governor Blakiston, had now remained with him near four years with a very good behaviour, Ordered that he be pardoned.
Upon his petition, a recognizance not properly entered into by John Kimball of Baltemore County was estreated and remitted.
Petition of Thomas Collier, late riding Surveyor appointed by late Governor Nicholson, who had ordered George Plater, ReceiverGeneral of Puttuxent District, to pay him 30l. for his salary, read. Mr. Plater said that he has not had of H.M. in his hands to satisfy his own salary, for which the Revenue is in arrears. [C.O. 5, 745. pp. 29, 30.]
May 6.664. Journal of House of Representatives of New York. Report of the Commissioners of Public Accounts further considered. Ordered that it lie upon the table.
Bill for the better establishment of the maintenance for the Minister of New York, read the first time.
Hudsons River Bill read the third time and sent up.
May 7.Committee appointed to consider the regulation of the assize of casks and weights and measures made their report. Several resolutions passed thereon, amongst others, that all weights and measures used in this Colony be according to the standard of the Kingdom of England, and that a person be appointed in every county to seal weights and measures according to the said standard. No other casks, weights and measures to be used after Aug. 1st. Bill ordered to be prepared accordingly.
Bill for vesting and setling the estate late of Daniel Briggs late of Southton in the County of Suffolk read the third [? first] time.
Bill for better explaining the Act for the public charge read the second time and committed.
Bill for establishing the maintenance for the minister of New York read a second time and committed.
Major Whitehead was granted leave to go home, being indisposed. [C.O. 5, 1185. pp. 44–47.]
May 7.
Whitehall.
665. Council of Trade and Plantations to the Queen. We have considered the Acts passed at an Assembly of Antego, June 28, and humbly offer them to your Majesty as fit for your Royal approbation. (1) An Act for regulating the Militia. (2) An Act declaring the several Articles Martial Law shall consist of. (3) An Act for raising a tax of 9,500l. for paying publick debts and charges. (4) An Act for ascertaining what the executors or administrators shall have and enjoy of the crops growing on the ground of those that are tenants for life, tenants in dower, or tenants at will. (5) An Act for making, cleaning and repairing common ponds, and making and mending bridges on the high roads. (6) An Act for regulating the towns and harbours, settling of markets, and encouraging wharfs, and to prevent abuses in the fishery. (7) An Act for the further encouraging the settlement of this Island. (8) An Act for the better government of slaves and free negroes. Signed, Robt. Cecil, Ph. Meadows, Wm. Blathwayt, John Pollexfen. [C.O. 153, 8. pp. 176–178.]
May 7.
Whitehall.
666. Council of Trade and Plantations to the Queen. We herewith humbly lay before your Majesty the Acts past at an Assembly of yr. Majesty's Island of Mountserrat, June 1702, and thereupon humbly offer, that yr. Majesty be pleased to confirm the following Acts, vizt. (1) An Act for repairing and amending the high ways, and for the preventing the cutting down or clearing the standing woods, underwoods, copps or bushes which grow by the sides of rivers and brooks in this Island. (2) An Act impowering Justices of the Peace to decide differences not exceeding six pounds. (3) An Act to prevent hazards and inconveniences that may happen by thatched houses in the town of Plymouth, and clandestine dealings with negroes. (4) An Act to prevent burning or breaking of canes. And having considered (6) an Act entituled An Act for quieting men's estates and for avoiding litigious law suits for Lands and Plantations in this H.M. Island, and had the opinion of yr. Majesty's Attorney General thereupon in point of Law, we find that the said Act allows 3 years only to make claims, which is so short a time that persons living out of the said Island may be excluded from their just demands without being heard, and the Act so ill penned that it cannot be understood in what time claims shall be prosecuted hereafter, wherefore we are humbly of opinion it be repealed. And whereas an (7) Act entituled An Act determining the setting of Assemblies and regulating the Elections of the same does exempt the inhabitants of one part of the Island from the obligation of taking the Oaths of Allegiance and Supremacy in order to their being capacitated to have votes in the election of Assembly Men, for which exemption there is no sufficient reason assigned; and in the conditions required to be observed by members chosen for the Assembly, the said Act does not pursue the directions given by yr. Majesty's Commission of the Governour in Chief in that behalf, but sets aside the qualifications directed by yr. Majesty's said Commission by prescribing a new oath, we are humbly of opinion that the said Act be also repealed, and the Governour required to form such another Act as may be fitt to be proposed to the Assembly. Signed, Rob. Cecill, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Matt. Prior. [C.O. 153, 8. pp. 173–176.]
May 7.667. Minutes of Council in Assembly of Jamaica. Message from the House sent up, that the House having, April 24, determined to make convenient provision for H.M. officers and soldiers, have taken the readiest measure for effecting the same, by appointing committees to inspect the several Commissioners and Receiver General's accounts, and have passed an Act for the calling to account the Justices, Churchwardens, Vestry and Constables and others late of Port Royal, which will be absolutely necessary to have done before the House can proceed to a final conclusion in that affaire, it being the foundation whereon they can best proceed for the honour of H.M. and welfare of the Island, which is so much their duty: that they unwillingly omit any opportunity that may prefer the same, and therefore did desire a free Conference with a Committee of the Council on the subject matter of your Honour's Speech the first inst., which was denyed us contrary to former presidents, and to that good understanding that ought to be between the Council and Assembly, which we can't but take notice of and assert our rights, before we raise money. But well knowing the necessity the Island lies under at this time, wee shall readily pass it by when wee are allowed our reasonable request. Consideration of above referred to a Committee.
May 8.The Council submitted their reply to H.E.:—We are joyful to hear of such a vote passing the House for the quartering the officers and soldiers, and hope it will be expediated, which wee conceive cannot be unless the first Bill proceeded on be to that intent. The Bill sent up to the Council appointing Commissioners to enquire into the execution of several Acts etc. will prove too great a delay; putting persons under so many and grevious penalties as appears to be in that Bill, forcing persons to be Commissioners without (nay contrary) to their consents, without any allowance for their paines and travail therein, we conceive ought not to be done. And if the said Bill was past into an Act, the design and intent thereof cannot be fully known in some months, several persons concerned who were personally on Port Royal, and made several payments being now absent, and may not arrive in several months, which with several other reasons make it appear that the said Bill is in noe wise necessary for the expediteing a Law for the quartering the officers and soldiers, especially when a clause may be made in any Law appropriating the remaines of any sums already raised to such uses. We cannot conceive that any cause hath been offered by the Council that a message should be sent intimating an occasion given to the Gentlemen of the Assembly to assert their rights. Their message by Capt. Nedham, who delivered it by word of mouth in Council, with our answer being both sent them by the Clerk of the Council in writing. By which it plainly appears as thereby it might fully have understood him to have been mistaken in the delivery. And therefore we conceive the House should not have offered to have asserted, they were denied a free conference on the subject matter of your Honour's Speech, or that wee received any message from them of such a desire, and more especially when the Clerk of the Council had leave to acquaint Mr. Speaker at the same time of delivering the said message and answer, that if the House had any subject matter they desired the Conference upon and would particularly name it, the Council was ready to meet them, which he is ready to depose he delivered by word of mouth, and mentioned that it was with leave of the Council.
Upon the whole matter we must appeal to your Honour, who can best justify the sincerity of our action in performance of our duty for H.M. service and the good of the country in the affair now before us, when you are pleased to take notice of and remember the House's Resolution of April 24, the Speaker acquainting your Honour that the House would quarter the officers and soldiers by a short bill for a month, and that notwithstanding on May 1st they sent up a bill for quartering the private soldiers only without any regard to the officers, which was rejected by the Board by reason the said resolution was not communicated either by delivering the minutes to your Honour, nor any other way made known to us. But wherein this Board have acted contrary to former president so as to deserve such a reflection they doe not know, but submit the whole to your Honour, and desire that you will be pleased to take notice of it to the House for our justification, and that for that purpose it may be entred in the Council Book.
Upon consideration whereof the Governor sent a message to the House, that the Council had very honourably and to his satisfaction justified themselves in all their proceedings and that "all this mistake and misapprehension has been principally occasioned by your members' omission of two or three words in the delivery of the former message. They have great satisfaction in the resolution of the House of April 24, and both he and they hope that matter will be expediated in the first place. As to the Bill for appointing Commissioners etc., he concurred with them that the obliging persons against their wills to be Commissioners under such exorbitant penalties without any allowance for their pains is unreasonable. And that it will be a great delay to the effecting the said resolution of the House, for that if the Bill was past into an Act, the designe and intent thereof cannot be obtained in some months etc. as above. The Governor therefore once more recommends to you the expedeiting a Bill for quartering the officers and soldiers, several of them being under great necessity att this present, without any intervention of other business, being that is the most necessary thing can be done at this juncture for the good of the Island, that so you may proceed to other business." [C.O. 140, 6. pp. 465–469.]
May 8.
St. James's.
668. Order of Queen in Council. Confirming Acts of Mountserrat as recommended in Representation of May 7 supra. Signed, John Povey. Endorsed, Recd. 1st, Read June 8, 1703. 1 p. [C.O. 152, 5. No. 25; and 153, 8. pp. 190–192.]
May 8.
St. James's.
669. Order of Queen in Council. Declaring H.M. disallowance and disapprobation of the Acts of Mountserrat for quieting men's estates and regulating Assemblies, as recommended in Representation of May 7 supra; H.M. is further pleased to order that Col. Codrington be acquainted with the reasons for disallowing the said Acts, and that he be directed to form such other Act in lieu of the Act determining the sitting of Assemblies as may be proper to be proposed to the Assembly of that Island, and the Council of Trade and Plantations are to write to him accordingly. Signed, John Povey. Endorsed, Recd. Read May 25, 1703. 1 p. [C.O. 152, 5. No. 26; and 153, 8. pp. 181, 182.]
May 8.
Gravesend.
670. Deposition of Richard Martin. I was some years ago with Mr. Mason before the Councill, where I did affirm that Governour Usher his ill government was not all pleasing to the people, especially the chiefest of them, it being very prejudicial to the inhabitants. After I had the King's letters aboard, and had given a receipt for them and was dispatched out of the Custome-house and cleared at the Fort, I came to saile, and before I could pass the Fort he fired five great shot at me, of which some went very near our ship that made our men afraid, so I bid them goe down the hatchway between the cables, and I went aft and took the helm myself to steer her out, and when we came abrest of the Fort, he bid me come to an Anchor. I answered him that I was cleared at the Custom-House and Fort and had the King's letters aboard, and I had noe need of coming to an anchor, and withall desired him not to sink the ship with his shot, shee being of a considerable value, and belonged to honest men, and if I had given him any offence, it was pitty the ship should suffer, but the wind proving calm and soon came about easterly, soe I was forced to anchor, soe he forthwith sent the Captain of the Fort aboard to command me ashoar, and when he brought me before Mr. Usher, I desired he would please to take care of the ship, there being but one seaman and all the rest landmen. Soe he confined me to be kept close prisoner in the Fort, without taking any care for soe much as bread or water, where after I had been 48 hours, my hunger forced me to petition him, which after two or three petitions was granted me. Now the reason of my being unwilling to anchor was this, before Mr. Usher came from Boston, he sent an order to his Deputy, Mr. Fryer, that he should take two of my men out of the ship, but Mr. Fryer being my friend and an honest man, considered my condition and pitied it, soe I took care to prevent it, or else my voyage must have been ruined. Soe when I saw Governor Usher come to town and lighted off his horse, I thought it time for me to saile, for if he gave order to his Deputy to take away two of my men, I could not expect less from him when he was come himself, and then my voyage must be absolutely destroyed, and if I could appear myself I doubt not but that I could satisfy any man that his ill government was the reason why the burning of our ship was not prevented. For Mr. Eastwick demanded of me I have forgot how much money to clear our ship, which being in my wrong I was not willing to pay, soe Capt. Bant and Capt. Eldrid being cleared out of the same Custome House at Boston as I was, they both being New England men were not stopped at all, but I, being an old England man, was marked out for their fury. Soe Capt. Wagar who then commanded our convoy, advised me to go ashoar to the Governor to see what he would do with me, and in case he offered to stop me, that then I should hale our ship aboard the convoy along her side, and so sail out of the Port until past the Fort. Accordingly I went, and was told the Governor was busy in the sealing up his letters, but if I spent an hour's time he would be at leisure. Soe I went to Betty West's and called for some wine, took out my box and was filling a pipe of tobacco, when a man came into the room I was in, and told me our ship was afair, soe I immediatly went on board, where I found much help, yet the fire conquering, I was forced to cut away all our masts and also all our cables and run the ship ashoar. In all probability this fire had been put out, if I had been aboard, which I had certainly been, if I had not met with much and unreasonable trouble by the Government. Signed, Richard Martyn. P.S.—He made pay 6s. 8d. for each shot. Endorsed, Recd. Read May 19, 1703. 4½ pp. [C.O. 5, 863. No. 28.]
May 8.
St. James's.
671. Order of Queen in Council. Confirming Acts of Antegoa as recommended in Representation of May 7, supra. Signed, John Povey. Endorsed, Recd. 1st, Read June 8, 1703. 1 p. [C.O. 152, 5. No. 24; and 153, 8. pp. 192, 193.]
May 10.672. William Vaughan to the Council of Trade and Plantations. (1) Mr. Usher hath got himself universally hated in the Province, by manageing a suite against the interest of all the people of the whole Province, by endeavouring to diseise them of their antient possessions; by his continuing Governour of the Provincé will in all probability turn out and put in such persons and no other but such as will serve for the carrying on the work he has begun, and thereby out them of their just and antient rights and so become entituled to the Province or great part in right of his wife or otherwise, being so nearly related as son-in-law to Mr. Allen he will use his interest to promote this cause, with all the industry imaginable, and it's well known what a Lieutenant-Governour can do if he exert his power, and since his having a probability of going Lieutenant-Governour has given out speeches that this cause he doubts not off, for that's in his power to put in Judges and Sherriffs. (2) Mr. Usher during the exercise of his government, manag'd the affairs with so uneven a temper and so much rashness, that it tended much to the disquiet of the subjects, by reason whereof many of them left the Province, and in an Assembly when they have differed from him in opinion dissolved them, and warrants have issued out to press some of them, and some or most of them were pressed and sent to remote parts of the country to keep garrison in person, and were not suffered a servant as was and is usual, although at that time there was no manner of occasion for so doing (the garrisons being then otherwise supplyed) only to shew his dislike of their not complying and disagreeing with him. And one of them in particular was sent to prison; and at Welshman's Cove in the township of Dover there being no provision for the garrison there the Lieutenant returned the people back, whereon Mr. Usher caused the Lieutenant to be fined 50l. and to ly in prison till paid. (3) Mr. Usher's mismanagement of the stores was very great, and particularly of 100 barrells of powder given by the late Queen Mary, and the powder that was received for the duty of shipping, which in all was very considerable; Mr. Usher living out of the Province coming very often, caused at his coming in and going out the guns to be so constantly fired that there was but about 30 barrells left behind, besides all which there was 80l. in moneys remaining in the Collector's hands, for the provision of powder, and all spent without that due care which ought to be taken in preservation of the country, and in all probability we had been in the condition we were at the coming in of the late King, when there were scarce four barrells of powder in the whole Province, so that severall people were in disburse great summes for powder and preservation of the sick and wounded soldiers, and all disbursements to keep garrisons and send out soldiers, and after applyed to Mr. Usher to have repayment, he answered he must look forwards and not backwards. (4) In the time of Mr. Usher's Government, one Capt. George Long, Commander of the Fawkland, being in the river of Piscataqua in order to load with masts etc. for the Royal Navy of England, hoisted the King's Jack (as is usual in such cases) on board his said ship, Mr. Usher being offended thereat, caused severall Train-bands to be drawn together, in order to seize the said Captain, and finding he could not oblige the Captain to comply with him, he sent for more Train-bands and after that for more from about Oyster River, altho he knew at that time there was warr with the Indians, and that place much exposed, and that night the Indians took advantage, fell upon the inhabitants and destroyed and carryed away ninety or a hundred souls, and plundered and burnt their houses. (5) Mr. Usher turned out severall Gentlemen of the Councill fitly quallifyed for places of trust in that Government as will appear by the address presented to the Earle of Bellomont, and in their stead putt in mean persons vizt. som that keep publick houses of entertainment and another that could scarce be allowed a vote for an Assembly-man (which were men only fit to serve a turn) and created a Lieutenant-Collonel of the Province, of mean fortune, such as abused the people in drunkeness by allarming them in the night, and if they did not attend fined them, and obliged the people to pay such fynes as they imposed or take their goods for it. (6) Mr. Usher's ambition was so great that he usually obliged part of the Militia to attend him and likewise the Train-bands, and particularly came on Saturday night to a place of entertainment, at the out part of the town of Hampton, sent for a guard of horses, part of the Militia, and not thinking this sufficient, ordered the next morning all the Train-bands to receive him in their Arms in the town in a lane for him to pass through and so attend him to the meeting house with Colours flying, drums beating etc. And so did attend him to dinner, and after dinner the Horse to attend him to the great Island. The Captain murmuring at this unusual method, Mr. Usher cashired him and put in another, this method obliged the people to be mightily uneasy, being both troublesome and inconvenient to poor labouring men. (7) In the Government of my Lord Bellomont all or the greatest part of the matters aforesaid was heard before him, and severall matters there proved upon oath, and after that my Lord Bellomont represented the circumstance of the matters to the Honble. Board as may appear by the same before your Lordships, and to which Mr. Vaughan prays your Lordships to have recourse and doubts not thereby it will appear the disorders that have happened were all owing directly to Mr. Usher, as may appear by the severall copies of the Affidavits attested by the Officers in Cheif now ready to be delivered to your Lordships. (8) As to the wast grounds, if Mr. Allen be put in the possession of them all, the inhabitants will loose their commons which they have enjoyed as long as their other estates. Signed, Wm. Vaughan. Endorsed, Recd. Read May 10, 1703. 2½ large pp. [C.O. 5, 863. No. 30; and 5, 911. pp. 33–40.]
May 10.
Boston.
673. Governor Dudley to [? the Earl of Nottingham]. Captain Smith, H.M.S. Gospir, is returned (from Jamaica) and fitting to cruise, having spoiled his main mast in his return, and he having been long enough here to know the coast, if H.M. shall please to continue that friggot here, and add one fourth rate for a guard, these Provinces would be able to send out more privateers to annoy the enemy upon the Banks of Newfoundland and to attend the coming of the store-ships for Canada or Port Royal, in both which places they are distrest for want of supplies, as prisoners every day inform me, having been used in former wars to live upon the spoil of our coasters loaden with provisions, which I have prevented by drawing up all the Western coasters once a month at New London, and sending a vessel of force to bring them round Cape Cod, so that we have yet lost nothing to the enemy, but as we were fortunate last year in the taking of twenty vessels, bankers and others, I hope we may be as strong and successful this summer. In which service I am neverthelesse extreamly hurt by the Government of Rhode Island, who do every day receive our seamen that fly from us both out of H.M. ships and our privateers and merchantmen, and can no wise be come at, where they are debaucht to the last degree. Particularly, two of the privateers commissioned by myself, Lawrence and Blew, who took a large Spanish ship upon the coast of Cuba, loaden with wines etc. valued at about 5,000l., coming in out of the sea from the southward into the harbour of Road Island, which H.M. has disposed under the Vice-Admiralty of this place, I immediately wrote to both the said Captains, directing them to bring their prize to Boston, their commission port, whence they proceeded, where the ships under their management belonged, and where they were indebted for their advance, and where dwell all the owners and sharers with them, but instead of an answer from them, Mr. Cranston, the Governor of Road Island, writes to Mr. Newton, Mr. Atwood's Deputy Judge of the Admiralty, to come immediately to Road Island, to condemn the prize otherwise he would do it himself. The merchants, owners, and suppliers of the privateers then all attended me, and under their hands prayed I would allow the judgment to proceed, or all would be immediately embezzled, upon that pretence. I then sent Mr. Coleman, who is Deputy to Mr. Dod, H.R.H. Receiver of the Tenths, with credentials, but they have utterly refused him, and what shall be preserved I cannot tell. And thus, my Lord, it is with everything in that place. It is a perfect receptacle of rogues and pirates, and while this is doing, I have found the reason of Mr. Lawrence, one of the privateers, unwillingnesse to come hither. One Capt. Tucker of Bermudas brings me account that Lawrence met him in the sea in November last past, and rob'd him and sunk his vessell, and set him on shoar at Carolina. I am taking care to have him arrested upon that head, to see what may appear upon his tryall, but I shall not be able to bring it to passe, while they have a pretence to any Government there. The ordinary oppression of the subject, who do not agree with their methods, is very grievous. I humbly offer but one instance in the inclosed letter (subscribed: none inclosed) from Mr. Brinley, a very loyal person, and of the best estate here; and some other such instances are the utmost of their government; in all other things the people do what they please without restraint.
The Indians to the Eastward upon the frontiers of this Province are in good order, I having carefully guarded their coast, that no French supplies could come to them, and having one fourth man of the Militia throughout the Province ready at four and twenty hours' warning for a march, and keeping a small force next to them, about 200 men in a marching posture every day, which I assure them is to defend them from the French whom they may justly fear, having refused to rise upon the English. The Sachims of these Indians have alwaies in their Treaties urged that an Indian boy carried into England by Sir William Phips might be returned, and I pray it on their behalfe. It would be a great benefit to us in our Treaties. The Gentlemen of the Council acquaint me that Sir Henery Ashhurst can give account of him, where he is, and there are two or three Christian captives of the last war that I cannot get without the return of this Indian boy. The last Assembly granted 500l. more for the finishing of the Castle of this place, which completes the expence there to 5,000l., and Col. Romer assures me, Midsummer Day shall perfect that work, and give him the leisure to begin at Pascataqua, where the people are ready to do their utmost, both in payment and labour, to reform and add to their fortifications. The annual choice of H.M. Council here is within a few days, and the Assembly already chosen for that purpose; there has been apparent methods taken in the choice of Assembly-men that no such should be chosen as had shewed their obedience to H.M. commands for the re-building of Pemaquid, or for the setling a salary for the support of the Government, and I therefore reasonably expect that such will be chosen into the Council, and unless H.M. please to assign a sum out of the public Revenue here, to be first taken out for the Governour annually, I do not expect that anything will be obtained of the Assembly, and while the Council have their dependance upon the people for their station at that Board. I humbly pray that Mr. Nathaniel Byfield may be appointed Judge of the Admiralty, and that I may not longer depend upon Mr. Atwood's Deputy for that service, and if I might obtain some large canon for this Castle, the work would then be perfect, and one foot company of English souldiers in H.M. pay there would put that fortification in all points into its proper posture.
I humbly thank the honor of your Lordship's commands of Jan. 23, which I received yesterday by way of Jamaica, and humbly thank your Lordship's favour to the two Companies sent from this Province to Jamaica; and I shall do my duty in providing for the fleet, if they call here, and if they are upon any design to the northward, at Port Royal, Placentia, or Kebeck, I believe them all feasible, and if I have any warning from Admirall Whetstone, or who else is in command, I shall do what I can to encourage voluntiers to keep them company from hence for H.M. service. Signed, J. Dudley. Endorsed, Recd. June 30th, 1703. 4 pp. [C.O. 5, 751. No. 48.]
May 10.
Boston.
674. Governor Dudley to the Council of Trade and Plantations. Duplicate of preceding with exception of last paragraph for which is substituted:—I humbly thank your Lordships' favourable Representation to H.M. referring to the 250l. presented me by New Hampshire, which they voted to be double that sum, if I would have accepted it from so small a Province, and I humbly pray your Lordships' favour in the passing the gift of 500l. from this Province to me; here is not penny salary of no kind. and that present of 500l. is not the halfe of my expenses this year, though I perceive the Assembly intended it to support that charge as well as the charge of the Commissions for the Government which it will by no means amount to. Signed, J. Dudley. Endorsed, Recd. June 30th, Read July 13, 1703. 4 pp. Enclosed,
674. i. Abstract of preceding. 1½ pp.
674. ii. Francis Brinley to Governor Dudley. Newport, April 10, 1703. The many troubles and perplexities H.M. good subjects here inhabiting are exercised with from hands of unreasonable men are allmost unaccountable, more especially to Mr. Lodowick Updike, from whom they have unreasonably distrained great sums for small matters demanded of him, as for a rate of 20s. or under they took seaven fat hogs worth 10l., etc. According to the Law, they are to keep them ten daies before exposed to sale, which they observe not, but some of the cattle distrained they carried out of the township in a weekes time, and never returned any surplus. From some they have taken the beasts of the plough, tho' enough of other estate to be taken at their pleasure. And now lately for a rate of 10s. or 14s., their officer came to Mr. Updike's (tho' he was not at home) and distrayned a silver tankard cost 12l., and was rummaging a kettle for some silver spoons, which so provoked Mrs. Updike that shee struck him with a broomstick, for which crime she was bound over to the Court in March last, and a bill of indictment found against her shee quashed, and although they have a considerable estate in the place, and alwaies silver, yet they compelled her and her husband to enter into bond to appeare at the next Court in September, and bound them to the good behaviour. Prays H.E. that there may be a stop put to their further proceedings, for they force a government over the people wch. nothing concerns them etc. They intend to deale severely with Mr. Updike, if not prevented. Signed, Francis Brinley. Endorsed, Recd. June 30th, Read July 13, 1703. Addressed. Sealed. 1 p. [C.O. 5, 863. Nos. 29, 29.i., ii.; and (without enclosures) 5, 911. pp. 79–87.]
May 10.
Whitehall.
675. Journal of Council of Trade and Plantations. Mr. Vaughan and Mr. Partridge, accompanied with their Council, attending on the one side, and Mr. Usher and Mr. Wharton on the other, the Order of Council of the 1st upon Mr. Vaughan's petition against Mr. Usher, as also Mr. Vaughan's reasons in confirmation of the said petition, were read. But Mr. Usher objecting that the said reasons were not delivered in till this morning, and that he had not been able to instruct his Council, and therefore desiring a further day, their Lordships agreed upon 19th inst., and ordered that Mr. Usher have a copy of the foresaid reasons, and that he put in his reply on Friday next, that a copy thereof may be given to Mr. Vaughan, and that both sides may have summons for such persons as they shal desire.