America and West Indies
September 1703, 11-20

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Institute of Historical Research

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Cecil Headlam (editor)

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1913

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681-697

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'America and West Indies: September 1703, 11-20', Calendar of State Papers Colonial, America and West Indies, Volume 21: 1702-1703 (1913), pp. 681-697. URL: http://british-history.ac.uk/report.aspx?compid=73620 Date accessed: 30 October 2014.


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September 1703, 11-20

Sept. 11.1083. Attorney General to the Council of Trade and Plantations. In obedience to your Lordships' commands I have considered of the Act investing H.M. in land in Kingston for the reception of the sufferers by the late dreadfull fire at Port Royall, declaring Kingston to be the cheife seat of trade, and head port of entry and fortifying West Chester, and have heard Sir Bartholomew Gracedieu, Mr. Stephen Mason, Mr. Benjamin Way and Mr. James Whitechurch, who on behalf of themselves and others oppose the confirming the same, and hath made the objections in the annexed paper contained against that Act; which if they can be made out (as they propose to do before your Lordships) falsifye almost all the reasons mentioned in the Act for passing the same and will make the Act appear to be unreasonable and unjust.
As to the Act, if the grounds therein mentioned for making the same be true, I am of opinion it is necessary and for the benefit of the Island of Jamaica, and therefore just to take away what priviledges Port Royall had, the owners of lands there being recompensed by the provision made for them in Kingston, unless they have lost the opportunity of claiming the same, the time allowed to make their claimes being only till June 25 last, and the annulling and making voyd all covenants and agreements relating to the rebuilding, repairing or leaving in repair any messuages in Port Royall, and for payment of rents reserved or leases of the burnt houses (besides that it is necessary, the intent of the Act being that Port Royal should be deserted) is most reasonable, to releive tenants against convenants to repaire what was burnt down with the whole town, or to pay rents for the same, and is what was done for the tenants in the city of London by the Act for rebuilding that city after the great fire there, but as the clause for discharging rents is worded it doth not only discharge rents reserved on leases made to tenants, but all rent charges and annuities granted out of any tenements in Port Royall, which I think unreasonable, though there might be reason to lessen them in respect to the loss by the fire, but not totally to discharge them, and the rather because that annuityes charge the person of the grantor at the election of the grantee. And as to leases of tenements in Port Royall, the Act having discharged the rents reserved and covenants to repaire should have declared the leases voyd, which is not done by the Act, and therefore the tenants will have a title to what they had in Port Royall for the time of their leases discharged by all rent. By a clause in the Act there is a prohibition of keeping any tavern, storehouse or victualling house within two miles of the uttermost bounds of the town of Kingston, the necessity of which does not appear to me, since the Act doth not prohibit other buildings there. Signed, Edw. Northey. Holograph. 1½ pp. Enclosed,
1083. i. Duplicate of No. 1082. iii. 3 large pp. Endorsed, Recd. 14th, Read Sept. 16, 1703. [C.O. 137, 6. Nos. 4, 4.i.; and (without enclosure), 138, 11. pp. 31–34.]
Sept. 12.
New Yorke.
1084. Extract of letter from Governor Lord Cornbury to Mr. Thrale. I find in your letter of March 30, that you mention Captain Nanfan's accounting here, which I think is absolutely necessary he should, tho' hitherto I have not been able to perswade him to give me a faire account. He has, indeed, given me three several accounts, all different, and nothing but bundles of figures without any method. I told him he must make a fair account by way of debtor and creditor. He told me he could not do that because he did not know what Mr. Champante had received. I told him that was his Agent's fault, but that need not hinder his stating his accounts, for I told him he must charge himself with the whole pay of the 4 Companies during the time of his administration, and that he must discharge himself by vouchers under the four heads of subsistence, cleerings, offreckonings, and ten per cent., and that whatever he could not discharge himself of by vouchers under those four heads, he must be answerable for till we knew what remained in the office, and then he would be discharged of so much. But this is a language he will not understand. Now yesterday I have received another account from him. As soon as I have had time to peruse that account I will acquaint you how I find it. Endorsed, Recd. Read Feb. 17, 170¾. Copy. ¾ p. [C.O. 5, 1048. No. 72; and 5, 1120. pp. 41–43.]
Sept. 13.
Boston.
1085. Governor Dudley to Mr. Blathwayt. Refers to letter to the Council of Trade, Sept. 15. An answer referring to the beavers from Mount Hope will be ready by the coming of the next shipps. Mr. Hollems brings this, and will give your Honner account of the Mohegin Indians and their treatment in this very troublesome time from the Governor of Connecticut. Signed, J. Dudley. Endorsed, Recd. Read Nov. 30, 1703. Holograph. 1. p. [C.O. 5, 863. No. 50.]
Sept. 13.1086. Journal of Assembly of Jamaica. The House met and adjourned.
Sept. 14.See Minutes of Council in Assembly under date. Several members being absent the House adjourned.
Sept. 15.Question put whether Andrew Orgil, being absent, should be sent for in custody. Carried in the negative. See Minutes of Council in Assembly under date.
Writ of election and return for the parish of St. Katherine's read. It was resolved that Noah Delauney was duly elected a Representative in the room of Henry Brabant, who was expelled the House. Ordered that the writ and return be entered in the Minutes of this House. The return is signed by Jno. Hickman, Provost Marshall, Henry Willis, John Hanson, Beaumont Pestell, Wm. Parker, John Palmer, Edward Rowland, Geo. Fletcher, Tho. Powell, Richd. Bradford, John Morris, Phillip Bonny, John Ellis, senr., John Ellis, Matt. Gregory, Robt. Nedham, Wm. Nedham, Tho. Flower, Richd. Masters, Bartho. Fant, Tho. Mercer, Arthur Sparke, John Bancks. [C.O. 140, 7. pp. 107–112.]
Sept. 13.
Boston,
1087. Minutes of Council of the Massachusetts Bay. 12l. advanced to James Converse, he being now going forth in command of H.M. forces raised against the French and Indian Rebels.
30l. advanced for subsisting of the guards to attend H.E. in his journey to the Eastward on H.M. service for the improvement of the forces there.
14l. 5s. paid to the Secretary, Isaac Addington, for engrossing Acts etc.
35l. paid to Andrew Belcher for the charge of building a new barge for the Castle.
1,400l. advanced to Andrew Belcher, Commissary General, for the procuring of supplies and stores for subsisting H.M. forces in the field and garrison. [C.O. 5, 789. pp. 537–538.]
Sept. 14.
Whitehall.
1088. Earl of Nottingham to Governor Codrington. Several merchants, proprietors and traders in Jamaica having represented to the Queen that by the advices from those parts they have reason to apprehend that the French and Spaniards are joining and gathering together a great strength of sea and land forces with a design to attempt Jamaica, I am commanded by H.M. to signify her pleasure to you that you diligently observe the motions of the French in Martinico and the Islands thereabouts, and if you find by their preparations that they may have a design upon any of H.M. Islands, that you also prepare on your part to oppose them; and if you have intelligence that they are proceeding to Jamaica, or have reason to believe it, I am ordered to recommend it to you to do what in you lyes to frustrate their designs, and to that end to send such ships and forces as you judge proper to join with those at Jamaica, to enable them the better to oppose the French and Spaniards, that as they join their forces against us, they should not have time and opportunity by attacking us separately to destroy us, for should they succeed at Jamaica, the Islands under your command would not remain long in security. I must acquaint you that there is a very considerable squadron of capital ships preparing to be sent to the W. Indies for the defence of our Islands, but this will not sail, I fear, till about the middle of October, and therefore I am ordered to write this letter to you lest this squadron should not come time enough to prevent the insults from the French and Spaniards, and if this could be disappointed, I hope they will no more unite against us, for the Arch-Duke of Austria will be, and probably is at this time, declared by the Emperor King of Spain, and is coming to Holland to embark on board our fleet and to proceed to Lisbon with an army of 12,000 English and Dutch to joine 28,000 Portuguese, and to enter Spain where great numbers of the Grandees and all the people impatiently wait for his coming, so that wee hope he will be in possession of that Monarchy very soon, and then at least that his subjects in the West Indies instead of Acts of hostility against us will esteem us their best friends, who have so eminently contributed to deliver them and their countrymen in Spain from a French slavery. Signed, Nottingham. [C.O. 5, 209. p. 7.]
Sept. 14.
Whitehall.
1089. Earl of Nottingham to Lt. Governor Handasyd. Acquaints him with above instructions sent to Col. Codrington. "You must find some way to acquaint the Spanish Governor of Hispaniola with this (the alliance to place the Archduke of Austria on the Spanish throne) and that you have orders to live in a friendly manner and to keep a good correspondence and commerce with him, and all the subjects of the Spanish monarchy that are willing to enter into measures of friendship, H.M. being unwilling to suffer any damage to be done to them, while she is succouring their countrymen in Spain and rescueing them from a French tyranny, and restoring their country to their lawful soveraigne of the House of Austria, and you are to do the like to all other the Spanish Plantations, as you have opportunity. Signed, Nottingham. [C.O. 5, 209. pp. 8, 9.]
Sept. 14.
Whitehall.
1090. Earl of Nottingham to Governor Sir B. Granville. In answer to your question whether the prohibition of commerce with the French prevents you from making any cartel with them for the exchange of prisoners, I must tell you it does not, but I must acquaint you also that when the French desired earnestly a cartel to be settled here to exchange all prisoners of one side for all on the other, as was practised in the last war, the Queen refused it, because we had many more French than they had English prisoners in France; the exchange has been carryed on by man for man, and we have had all ours from France, and have still remaining here near 3,000 French prisoners, but because 'tis possible there may not be the same reason for the like method in your parts, it is left to your discretion to settle the exchange, either man for man and quality for quality, or all for all, as you find you have more or less prisoners than the French have, or may probably have, in the course of the war, and so as it shall be judged by you most advantageous for us. In every negotiation of this kind, you must be carefull not to suffer any diminution of H.M. Royal dignity, for perhaps the French there will not treat H.M. as Queen, since they have not done it here; and therefore if it be our interest to have an exchange of all for all, and to have it so settled from time to time, you must establish the cartel in your own name between you and the Governors with whom you agree: and if you shoulde have occasion to treate with any Spanish Governors you must be sure not to own the Duke of Anjou as heir of Spain, for the Archduke of Austria is by this time declared King of Spain etc. as above. Signed, Nottingham. [C.O. 5, 209. pp. 9, 10.]
Sept. 14.1091. Minutes of Council [in Assembly] of Barbados. Capt. Thomas Maycock, being sick when the rest of the Assembly were sworn, attended and took the oaths.
The General Assembly attended H.E. and presented William Holder for H.E. approbation, which he granted. H.E. addressed the Assembly;—The warr you are engaged in, the power and neighbourhood of your enemies require your utmost circumspection, and there is not anything can conduce so much to your safety as dispatch and vigour in your resolutions, and peace and union amongst yourselves. Your fortifications are defective, your Militia weak, and every day diminishing, your principall Magazine ill placed, ill-disposed and ill built, yourselves divided at home by animosities unhappily if not industriously fomented amongst you, and your enemies make preparations to invade you. These do all demand an effectual and speedy remedy, and I must tell you, they will not admit of the usual and slow methods of your monthly meetings. The Queen, by a goodness peculiar to herself, has granted what all your supplications could never obtain from her predecessors; she has ordered the Duty and [sic] four and half per cent. to be applied to the public use for the safety of this Island, and lately by royal concessions made evident she has nothing more at her heart then the care and ease of all her subjects how distant soever. In what these shall fall short to repair and compleat your safety and defence, it will be incumbent upon you, Gentlemen of the Assembly, to make such provision as may be necessary for the carrying on of that work, and as I will never give my consent to the taxing of the people, but when it shall be manifest for the publick good, so I cannot doubt of the chearful concurrence of all when it shall be for the common security and benefit, the building of a dock and making a safe harbour for ships in the hurricane seasons, the paving and cleansing the streets in Bridgetown, and secureing it by an intrenchment from sudden inundations and insults, will give encouragement to trade and be a means to prevent that contagious distemper wch. so fatally and frequently rages amongst you; these may be accomplished with great advantage and small charge to the publick. The erecting or providing of fitt places for the Courts of Justice, public prison and for the meeting of the Council, General Assembly and residence of your Governor, and the appropriating of them to those uses deserves your care, as the neglect of this remains a reproach to those who have gone before you, so the doing of it now will be for your reputation, as well as for the dignity of your country. There is not any provision made for an house for my reception, that intended by the late Assembly H.M. late order does not allow me to accept. The dispatch of publick business requires my being near this Towne, and tho' a Plantation in the country would have been more for my health and interest, I have made choice of Pilgrim, no consideration of my own shall weigh with me when the publick is concerned, and I shall reap what I value most, if it gives me those occasions I intend it should of advanceing the common good. I recommend to you the speedy putting of it into a condition fitt to receive me. The country's brigantine is at present a growing charge without any advantage to you, and can never be useful unless you provide for the clearing the seamen's wages now greatly in arrear, and the making such an establishment as may assure them of their being duely and regularly paid hereafter. You will find it also beneficiall to fall upon some waies whereby seamen may be encouraged to come voluntary on board H.M. ships of war that are here for your security. It will quicken the service and prevent the disorders, delays and inconveniences that inevitably attend pressing. The clandestine running off of boats is very prejudicial to H.M. services and the public interest, unlawfully trade and commerce is thereby carried on, your negroes make their escape, and your enemies get intelligence; it is absolutely necessary that an end be put to it by some strict and very effectual Law. The poor people and smaller sort of planters suffer very much from forestallers and ingrossers; the Laws now in being do not fittly provide against that evil; the riches as well as strength of all places depend on the number of inhabitants, and you will repent when it is too late, if by some timely care you do not give reliefe in this matter, as well as prevent better than it has yet done all ill usage and security towards Christian servants dureing their servitude, and find some encouragement for their continuance upon the Island, when there time is out. The Act concerning the detinue of negroes appears not to be well digested, tho' a matter of great consequence, instead of quieting there are contradictions in it which occasion disputes, and subject people to various and partiall determinations. The clamour of several persons to whom money is due upon account either of their services or the credit they have given the public, I cannot but take notice of, and there is not anything will redound more both to your owne and the country's honour and justice then their satisfaction and the preserving the public faith inviolable. In order to this it is necessary that the funds you give should answer the sums you give them for, that such approbations [sic] be made as may prevent their being diverted or delayed from the uses contended, and such frequent inspections by the Council of Accounts into the receipts and issues of the publick money as may be a cheque upon the persons intrusted with it. But all your endeavours will be fruitless unless the blessing of God attends them, that you may obtain it, apply yourselves seriously to the promoting of Religion and virtue and the suppressing of vice and impiety. I am sorry I have occasion to say so much upon this subject, but the immorality and profaneness openly committed with impunity, the ill examine (sic) given by persons, from whose education, character and trust better might be expected, makes it necessary that not only the Laws already in force be put in execution, but that more effectual ones be made. It will become you at the same time to find out the best means to facilitate and encourage the conversion of negroes and Indians to the Christian Faith, as this will be a work highly acceptable to God, so it must give great satisfaction to your consciences. To the end that these, and all things else which may be for your good be successively accomplished, that this Assembly may be brought to a happy period, and that the welfare of Barbados may be established on a lasting foundation, let harmony and unanimity be restored amongst you, let each House keep within those bounds your Constitution prescribes, let no invasion be made on H.M. prerogative, nor any drawn into example that may have heretofore been attempted, etc.
Mr. Speaker desired a copy of the above Speech in writing, which was granted him. Then he moved H.E. that one of the Members of this Board might be appointed to swear the officers of the Assembly; and they were accordingly sworn.
Charles Buckworth delivered to H.E. several recognizances he had taken persuant to H.E. order for the appearance of Capt. Gilligan, William Andrews and Stephen Morris this day before H.E. and Council, they being charged with High Treason for corresponding and trading with H.M. enemies. H.E. and this Board having considered of the high charge against them, and for as much as there is no prison in this Island where criminalls may be safely kept, H.E. has thought fit by and with the advice of the Council to order that Gilligan doe enter into bond with two securities of 4,000l. sterl. each, [? Andrews] with two securities of 1,000l. sterl. each, and Morris with two securities of 500l. sterl. each for their appearances at the next Court of Oyer and Terminer, or if not, that they be committed.
The Speaker with the Assembly attending desired H.E. that the Hon. William Sharpe might lay before their house the original return of the writ and all manners and [sic] papers taken by him relating to the Election of Major Estwicke, which was ordered accordingly. [C.O. 31, 8. pp. 64–74.]
Sept. 14.1092. Journal of Assembly of Barbados. See preceding abstract.
William Rawlin was sworn Clerk of the Assembly, Nicholas Sayers his Deputy, and George Hooper, Marshall.
Resolved, that the House do not proceed on any business until the petition of Col. James Colleton relating to a contraverted election of Major Christopher Estwick, he having been sworn and sat in the House for choice of Speaker, be determined.
Ordered that they both appear at the next sitting with their evidences etc. [C.O. 31, 7. pp. 93–95.]
Sept. 14.1093. Minutes of Council in Assembly of Jamaica. Message sent down with the writs and returns for several parishes. H.E. also ordered the Clerk to acquaint the House that he has had a letter from Capt. Thomas Freeman by which he finds him unwilling to return to the House, he declaring that his health will not permit, so if the House will propose what method shall be used with him, he will give all assistance that lyes in his power.
Sept. 15.Noath De Launey was sworn a Member of Assembly for the parish of St. Catherines, in the room of Henry Brabant.
Message sent up from the House in writing presented by Hugh Totterdell and four others:—We are fully satisfied Capt. Freeman has deceived your Honour under pretence of sickness, wherefore as well as for his many contempts to this House and for his escape from the custody of their Messenger, the House have ordered that Mr. Speaker do issue out his warrant requiring the Provost Marshall and all H.M. officers and subjects to be aiding the Messenger of this House in executing the Speaker's warrant against the said Freeman, and do humbly desire your Honour to use your authority towards the execution of the said warrant, and for supporting the power of the Assembly.
Sept. 16.Message sent down from the Governor:—The Governor 'tis true did by his message to the House signify that he would assist with his power and authority to reduce Capt. Freeman to his duty, and still continues in the same intentions, but desires the House to order a suspention of the warrant, till he can advise with the Council about it, he apprehending that warrant may not meet with such ready obedience as expected from the Marshall's Constables and others as coming from an authority unknown to them, and from which no president of a precept of that nature can be found, as he is well advised. And in the interim desires the House to proceed in other the matters of moment and importance lying before them, for as he will not offer the least infringement of your priviledges or liberties, but rather will assist to his utmost in maintaining them, so neither can he suffer the authority of the Government intrusted to him by her sacred Majesty to be wrested out of his hands.
Writ and return of the election of Charles Long for the parish of Clarendon sent down.
Message sent up: The warrant is not yet issued. The Assembly are heartily sorry that their authority should be unknowne to the Island, and humbly crave leave to assure your Honour that the House proceeded on sufficient presidents. Quote Journal of House of Commons, April 5 and 8, 1674. Whereby it appears that, though such warrant had been issued, the House have pursued their rights and previlidges, and noe more, without any designe or intent to lessen the authority of the Government, or to take any new power to themselves, but have and always will demeane themselves with all duty and zeal to H.M. and deference and respect to your Honour.
Message sent down that the Governor had received the above reply, and had ordered a full Council for Tuesday morning. [C.O. 140, 6. pp. 522–525.]
Sept. 15.
Boston.
1094. Governor Dudley to the Council of Trade and Plantations. My last Addresses to your Lordships were of Aug. 5; this I hope may arrive after so many letters that I have lost, five packets successively, from January to April, I am already advised of, which I am forst to adventure by merchant ships, there being no opportunity by any of H.M. ships returning hence. Since my treaty in July with the Sachems of the Eastern parts, and all the obligations taken from them of their obedience to H.M. and presents to the value of 300l., a small party of about 30 Frenchmen with only three officers and two preists from Port Royal with about 200 Cape Sable Indians, of whom I formerly wrote to your Lordships, came round the Bay of Fundee, and have debauched all the Eastern Coast from St. Croix to the Province of Main, and with the greatest perfidy and secrecy scattered themselves to the length of 100 miles and came with all possible friendship to the poor scattering houses distant from our forts, and all at once upon Aug. 10 fell upon the poor people, where themselves lodged over night, and killed and carryed away about 100 men, women and children; two days after they set upon the Forts at Cascobay, Saco and Wells, which are at 20 miles distant each on the Province of Mayn, where I had lodged three foot companyes, who received them so readily that we lost nothing there, scarce a man at each garrison, and at Cascobay, which is the farthest, 200 miles from Boston, the Frenchmen began a Trench, and in three dayes ware got within a pike's length of their workes when H.M. Province galley with 70 men arrived from Boston and killed 40 of them, obliged them to burne all their plunders, to leave their dead behinde them and march away, since which for about 30 dayes I hear of them in small partyes, 5 or 10 stealing and killing cattle like the Rapparees of Ireland in several parts of the Province. This Breach has obliged me to raise 1,000 men, whereof 850 are for the land and 150 for the coasters, and 600 of them will be upon there march in 14 dayes from Casco for the head quarters of the Indians, who are in there forts at 150 miles distance from the sea, and 20 miles from each other, where we may possible destroy their corn and houses, but no likelihood of seeing them, who will have their scouts out, and march off as we approach them, and only wayt an opportunity, a whole fortnight's march, which we must be obliged to, to obtaine an advantage, in the hedious desart, to fire now and then upon us, however the experience of the best men that have at any time been here can advise to no better method then by constant marches, especialy in the winter to dislodge and starve them, and these men and about 10 sloops necessary to attend them, will put the Province according to the present establishment to 3,000l. a month, which has obliged me after I had raysed and marched the troopes to the several parts, to hold the Assembly, to acquaint them with the necessity of taking care to provide for this groing charge, who have very dutifully thankt me for the care of the peace of H.M. subjects' Colony, and of the war so early, and have chearfully undertaken the charge, and granted 11,500l. to be raised that the subsistance may not fail, and I hope in a winter's session about Christmas will further do their duty, and I think necessary to have the headquarter at Casco, and have therefore sent Col. Romer thither to reforme that Fort, to make it fitt to lodge 500 men. I did also communicate to this Assembly, who sat the first of this instant, H.M. gratious letters and commands refering to a standing settled sallary for the Governor etc., which they have prayed they may give answers to, when the Assembly is more full at their ordinary time of Sessions in the winter.
The French and Indians have in this occasion shewed a great deal of cowardice and cruelty, have not killed one man under his armes, but by surprize, have scarcely saved any women or children, but slayn many three dayes after they were prisoners, and the Fryers make it all religion, and say mass over everything publickly in the Camp night and morning. While this was doing, Brouillan, the Governor of Port Royal, sent to me for the exchange of 10 prisoners, and frindly sent me 3 of mine and a French Gentleman to offer the exchange, which I accepted, and sent home his ten men, and the French officer protested that his Governor knew nothing of this march of the Indians, which since by some of our prisoners we are assured was most falce. In this necessity and great charge, I have written in the most pressing manner to the Governors of Rhoad Island and Conecticot for the advance of but 150 men between them, but can obtayn nothing, not withstanding this Province do's wholly cover and secure them from danger. And I should be wanting in my duty if I should not acquaint your Lordships by every opportunity how the service is ruined by the Government of Rhoad Island, two of the privateers fitted out by the merchants of this town with ships, provisions and armes, brought in a Spanish prize worth 5,000l., coming up from the southward were obliged to touch at Rhoad Island, the men were presently debauched, and the Government countenancing of them, refused to leave the place or to suffer their prize to come to Boston, and there they embessel'd the one halfe of the goods, and Cranston, the Governor, refused the Collector and the Receiver on behalf of H.R.H. to have anything to do, and all the letters and messages that I could possible write and sende, could get no answer from them to anything, since which the saylors from hence run away by scores, and there are hidden and secured; and last of all our imprest men for the land service in all the parts next them run away to the Island, and nothing returns from thence, so that of six privateers that did so much service last year, I am reduced to one, and when they are in the sea, I expect Rhoad Island will be their port also, all which would be remedid in one hour, if H.M. pleases. Acknowledges letter of April 20 and 29. In answer to the perticulars, have given strict charge to Judges of both the provinces, that they do proceed in all causes with exact Justice, and without any delay, and have had no perticular complaint of anything of that sort since my being here. There are no Courts in this province wherein the Governor has any share or power, but there are Judges on every bench, tho' I am humbly of opinion this Province will not be well until a Chancery Court be establish't wherein the Governor will properly preside. In the command refering to a Court for small causes, it is already a Law here and long practised, that every Justice of the Peace has cognisance of a trespass, a debt of 40s. without a Jury summarily to determine (and in every County an inferiour Court for any other sum), from whence there lyes an appeal to the Superior Court, and these Laws were allowed by his late Majesty, and on file in your Lordships' Office. I have commanded the Clerks of every County Court, Superior Court and the Admiralty Court at the ende of every Session to transmit into the Secretary's Office an abstract of all causes and matters depending with the names of the plaintiff, defendant, sum sued for, judgment, appeal, which I shall from time to time humbly lay before your Lordships. Returns thanks for Representation on the state of the Province. It is every day more apparent that nothing will proceed well here, till H.M. will please to name her owne Councill, the best men in the Province can have no share in the Civil Government till then.
H.M. having appointed Mr. Usher instead of Mr. Partridge Lieut. Gov. of New Hampshire is very acceptable to me, and I shall hope for his good service there upon his arrival. In the affair of the dimentions of timber, notwithstanding their offer, there was never any relaxation made to the people for the cutting of larger timber then in the first orders from the Crown in King Charles II's time, and so that matter rests as it did, and shall be diligently performed by Plaisted, who is very carefull. I have sent H.M. gratious letter to New Hampshire refering to salaryes, and shall follow it about 10 dayes hence, when the Assembly shall sit, but can expect little from that very small Province. Mr. Usher not being arrived, I have not yet received H.M. commands relating to Mr. Allen's title, but shall strictly and carefully observe and persue them, when I shall receive them. In the Courts of New Hampshire for their impartial and speedy proceeding and for an account of causes I have given the same command as in this Province, and they shall be duely obeyed. I humbly thank your Lordships for the hopes I have of stores for both these provinces, and of ships of war. I have now here but the Gosport, which since the death of Capt. Crofts, is commanded by his Lieut., Capt. Smith, who is very carefull here, and at this time has put 40 men with an officer on board a sloop to cruise on the shoales after a French shallop that is looking for provisions for Port Royal, who are almost starved, having yet no supplyes from France, and if I might be honoured with the call of 3 or 4 of H.M. ships, 'twold certainly fall into our hands.
The Province of Mayn and the parts beyond Kenebeck River, Pemaquid, and as far as St. Croix would make better settlements then any in this Province, if a Scotch Collony might be setled there, the Fishing and Lumber and masting being more plenty and easy then in any part of America. And I'm humbly of opinion they will not be settled without some such new Collony, the English in these parts having already grasped more then they can plant or defend. There shall be nothing wanting to the utmost expence to save the Frontier here from depredations, but a very few of them passing easily over our waters and hedious swamp will distress us long, having all supplyes from Quebeck and Port Royal. I have directed Col. Romer at his return from Casco to meet me at Piscataqua to proceed in the reforming of that fortification, where they have raised 500l., and I shall proceed as fast in it as the trouble there will allow, they being every day alarm'd and disturbed if but two or three Indians appear. This is the third time the Act for 550l. raysed in New Hampshire which your Lordships so perticularly sent for has been covered to your Lordps. with Minute of Councill and large accounts. Signed, J. Dudley. Endorsed, Recd. Read Dec. 2, 1703, and Feb. 11, 170¾. 5 pp. Enclosed,
1094. i. Abstract of preceding. 2 pp.
1094. ii. Proclamation declaring the Pennicooke and Eastern Indians rebels and enemies (See preceding letter); "and to the intent that none of our neighbouring friend Indians may be exposed, or the enemy escape on pretence of being friends, I do hereby also strictly forbid any of the said friend Indians to move out of their respective Plantations etc., or to come into any English Town or District without special order in writing from myself" etc. Signed, J. Dudley. Boston, Aug. 18. Endorsed, Recd. Dec. 2, 1703. Printed. 1 p.
1094. iii. Proclamation, prohibiting trade with the French and Spaniards. Boston, Aug. 13, 1703. Signed, J. Dudley. Endorsed as preceding. Printed. 1 p. [C.O. 5, 863. Nos. 51, 51.i.–iii.; and (without enclosures) 5, 911. pp. 190–202.]
Sept. 15.1095. Navy Board to Mr. Burchett. In answer to the commands received from the hon. Council to H.R.H. by your letter of 3rd inst., upon the extract of a letter from H.M. Envoy at Sweden about the difficultys of procureing pitch and tarr from that Kingdom, having already by our several letters acquainted their Honours from time to time of the progress of that affair, with relation to the supplies expected from thence this yeare, we doubt not but such measures will be taken as that the Navy will be supplied therewith in time one way or another, so as to prevent any disappointment or inconvenience thereto. As for New England, it is doubted sufficient quantityes of those commodities cannot be had in some yeares from thence, if at all, only some small experiments having yet been made thereof, and those on the public account at excessive charges. Nor has any more been done, that wee know of, as to other stores. Refer to Report of Oct. 26, 1702. If any persons would undertake to import Naval stores from the Plantations in quality and prices agreable to what they can be had for of others, wee should (as we always have been) be ready to treat and agree with them for the said goods, but wee do not think ourselves empowered to go further without orders, our Instructions not allowing us (as wee conceive) to increase the charge of the Navy to the Kingdom for the encouragement of the said Colonys and Plantations, though we continue of opinion that it would be of great service to the Nation to have our Naval Stores from thence, that soe other Nations may not [be] wholly depended on for 'em. But then if the charge will be encreas'd thereby, as wee presume it will, nobody having yet even offer'd to supply any stores from thence at the market prices, it must be done by Acts of State, and for the method, doubtless it is best for H.M. to be at a certainty, that is, to come to contracts beforehand for qualitys, quantitys, and rates, all other projects having hitherto failed of bringing anything but irregular accounts and exorbitant charges to the Crown. Copy. Unsigned. 2 pp. [S.P. Naval, 7. Under date.]
Sept. 16.
Whitehall.
1096. Journal of Council of Trade and Plantations. Act of Jamaica, declaring Kingston to be the chief seat of trade, and petitions against it, with Mr. Attorney General's report etc. read. And considering the great importance of that matter, referred to further deliberation at a full Board. (Three Commissioners only present.) [C.O. 391, 16. pp. 206, 207; and 391, 97. pp. 573, 574.]
Sept. 16.1097. Journal of Assembly of Jamaica. See Minutes of Council in Assembly under date.
Mr. Orgile and Mr. Vassall continuing to be absent, resolved that they be sent for in custody by the Speaker's warrant, which was done. Ordered that the Committee of Elections and Priviledges be revived, and that the breach of priviledge complained of by Mr. Thurgar be referred to it.
Resolved that the House do resolve itself into a Committee of the whole House to-morrow morning to inquire into the proceedings and behaviour of the Gentlemen lately expelled the House during this Assembly, and were ordered confinement to the Messenger's House.
Sept. 17.The Chairman of the Grand Committee reported that complaint being made that some ill-disposed persons had raised and malitiously spread abroad false reports of this House, that we were raising 5s. per head on negroes, and endeavoured other things to the prejudice and hurt of the country, and that Mr. James Archbold should say that wee had best to have a care, else wee should bring the country about our ears, and that Mr. Elbridge and Mr. Ayscough being at the Coffee-house door with several others, Mr. Elbridge asked Dr. Delauney what he thought of 4s. a head for negroes, and that Mr. Ayscough swore 'twas true, and that for want of passing a bill that would not have cost the country 18d.; That the Committee had resolved that direction be given to the several members to make enquiry who are the persons that raise and spread abroad the false reports relating to the Assembly, and report the authors of 'em to the House next Tuesday, and that the Governor should be addrest now in relation to the Members in custody. The House agreed to this Report, and ordered accordingly.
Andrew Orgile attending in custody, his excuses were admitted and he discharged on paying fees, 30s. each to the Clerk and Messenger.
Sept. 18.See Minutes of Council in Assembly under date. Odoardo Lewis and William Vassall, Members for St. Elizabeth's parish, informing the House that they were doubtful since the making the parish of Westmoreland whether they be capable to sit in the House or noe, and desiring the opinion of the House therein, Resolved that they are capable to sit notwithstanding the Act for dividing the parish of St. Elizabeth.
The Speaker reported that in reply to the Address of the House, the Governor was pleased to say that he was sorry there was so many divisions amongst you and wisht you were as careful in parting with your libertyes as he should [? be] in granting them; that he had given no countenance to anybody, and any Gentleman was free to converse with him that was an honest man. [C.O. 140, 7. pp. 112–117.]
Sept. 17.
Philadelphia.
1098. John Moore to the Council of Trade and Plantations. The Honble. Coll. Quary directed me in his absence to send your Lordships an account of all publick matters relating to the Queen's service, which I shall punctually observe, but am sorry to begin with this. By a Dutch Privateer's sloope that came on Tuesday last into Sandyhooke we are informed the Spaniards and French (the number I cannot learn) had lately attacked the Bahama Islands, destroyed Providence, putting all the men to the sword, and designing to burn the women had not the humanity of one of the French officers interposed, the sloops brought off about 80 of the people (most women) with them, and in their passage took a Spanish ship about 150 tuns laden with cocoa and other valuable goods. I cannot get a more particular relation, the fact is too true, and like the former dealings of the enemy with that place, which the Spaniards have twice before (in time of peace) plunder'd, murdring a great many of the inhabitants, and they had this notion that those Islands were out of the Queen's protection and independent from ye Crown (one of the ill effects of Charters), I shall not presume to tell your Lordships of what import that place is, being by a better hand formerly laid before that Board. I hope this will induce your Lordships to be a meanes with the Queen to take that Government (and all the rest for they lye alike exposed) into her more immediate protection, nor can I believe the Proprietors so vain any longer to oppose it; the naked and defenceless posture of the Proprieties in general are unanswerable motives, were there no other. Proximus ardet etc. is the cry of the Maine, the Eastern parts feel it with a vengeance and (without something uncommon happens) wee may look for a melancholy story from the Southward. What concerns the revenue shall transmit to the Commissioners of the Customes. Signed, J. Moore. Endorsed, Recd. Read Dec. 10, 1703. 2 pp. [C.O. 5, 1262. No. 51; and 5, 1290. pp. 399–401.]
Sept. 18.1099. Minutes of Council in Assembly of Jamaica. The Assembly attending presented an Address to the Governor:—The House having received many indignities and gross unpardonable affronts from some of their Members, and upon due and mature consideration haveing in justice to ourselves expell'd those Gentlemen dureing this Assembly, whereby they are become incapable to serve soe long as it shall continue, notwithstanding which many of those Gentlemen by raiseing false reports and calumines [Sic] against our House, and by insinuating and suggesting in their parishes that the Assembly intends to inslave the Island by loading the inhabitants with heavy taxes, and by other undue ways and means have procured themselves to be chosen, to the great hindrance of the public affairs and contrary to H.M. writs of election, we therefore in justice to former Assemblyes and to posterity can by noe meanes receive those Gentlemen, but must insist on our rights and previledges, which were (according to custom) granted to us at our first meeting by your Honour, wherefore we desire new writs for other elections and that those persons expelled, being still prisoners by our warrant, may in this affaire have noe countenance favour or assistance to enable them to lessen the authority of the Assembly, upon which in great measure the good of the Island depends. But as the Blackness of their actions in all respects will render them odious to all good men, wee cannot doubt but that they will meet your Honour's resentments. The Assembly can believe none but themselves Judges of their owne previledges, nor ever heard that the Lords in Parliament or of the Council were Judges of the rights of the Commons. In many instances the authority of the Assembly has been lessened, their orders and warrants disobeyed and contemn'd, soe that under our present circumstances, wee can proceed to noe buissinesse without the assurance of your Honour's favour and assistance in maintaining our rights and previlidges, as you are our Governor and H.M. Representative, which in her great clemency is indulgent to her subjects, and tender of their rights at whose feet we humbly lay ourselves and our greivances for redress by thus applying ourselves to your Honour. [C.O. 140, 6. pp. 525, 526.]
[Sept. 19.]1100. Officers of Col. John Livesay's and Col. Thomas Handasyde's Regiments to H.M. At the time the said Regiments landed in Jamaica, the inhabitants considering the small value of our English pay in those parts of the world thought it absolutely necessary to allow quarters to the officers in the respective parishes where their companies were quartered, which continued till an Assembly was called by Col. Beckford, which thought fit to take away the officers' quarters, and in lieu thereof gave them an allowance in money, viz. to every officer under a field officer 25s. per week and 40s. per week to every field officer, which said Act was for 6 months and no longer, and expired March 15, 1702/3. Since which Col. Handasyd called another Assembly and put them in mind of the said Act, which was then just expiring, who after very near six months consideration thereupon (while in the meantime many of your said officers were under great hardships and necessities) at last have enacted a Bill, which wee presume is laid before your Majesty for your royal approbation, wherein they allow no more than 10s. a week to every Commission Officer without distinction between Col. and Ensign, whereas it hath been usuall formerly to allow 12s. 6d. per week to a private centinel quartered at Port Royall, and the centinells at Spanish Town 10s., it being impossible for them to live upon less with their pay. We therefore humbly throw ourselves at your Majesty's sacred feet, and begg leave to lay before your Majesty our wants and distress, assuring your Majesty at the same time that no misery or hardship can ever in the least diminish our zeale and faithfulness etc. From the annexed list of the rates of provisions and necessarys, your Majesty will perceive that one penny in Europe is more then six in these parts, and that it is impossible for us to subsist unless your Majesty will please to take our case into your gracious and princely consideration, the subsistence of most of us not being sufficient to pay our lodging and washing. Signed, Tho. Handasyd, Wm. Hopton, J. Bickerstaf, J. Livesay, Sm. Lovell, Ed. Baldwin. 1 p. Enclosed,
1100. i. List of prices in Jamaica. Butter per lb., 1s. 3d.; small ale per bottle, 2s. 6d.; Madera wine per bottle, 2s. 6d.; bread, 1½lb., 7½d.; Turkey, 10s.; fowl, 3s. 6d.; pair of shoes, 8s. 9d., and all wearing apparel accordingly. Lodging, 15s. and 20s. per week; washing, 10s. per year; no ordnary under half a crowne; the lowest species of money in this place being 7½d., which is usually paid where a penny serves in England. These are the most ordinary and lowest rates, but oftentimes upon the want of shipping from Europe, rates etc. are double. Endorsed, Recd. Sept. 22, Read Oct. 5, 1703. ¾ p. Subscribed on the petition.
1100. ii. Order of Queen in Council. Bath, Sept. 19, 1703. Referring the above to the Council of Trade and Plantations, who are to make a speedy report thereupon to H.M., as also upon the Act lately transmitted from Jamaica for the better settling the Town of Kingston. Signed, William Blathwayt. [C.O. 137, 6. Nos. 5, 5.i., ii.; and 138, 11. pp. 35–39.]
Sept. 20.1101. Journal of Assembly of Jamaica. The House met and adjourned.