America and West Indies: January 1703, 16-20

Pages 127-137

Calendar of State Papers Colonial, America and West Indies: Volume 21, 1702-1703. Originally published by His Majesty's Stationery Office, London, 1913.

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January 1703, 16-20

Jan. 16. 192. Lords Commissioners of the Admiralty to the Queen. Since our attendance upon your Majesty yesterday morning in Council, we have discoursed with Mr. Blathwayt as to the orders to be given to your Majesty's forces going to, and already in, the West Indies. Recommended that Col. Colombine's Regiment be sent away as soon as possible to strengthen the forces under Col. Codrington at the Leeward Islands, and, if it be not done already, that they, together, attack the French Cariby Islands, viz., Martinico and Guadalupe, and endeavour the entire destruction of their Plantations and settlements on them, bringing away the inhabitants to England, as we formerly proposed. That, if it be thought feasible by a Council of War, they do attempt the taking of Fort Royal du cul de sac at Martinico, and if they take it, leave one compleat Regiment for the security of it, and that they govern themselves by the resolution of a Council of War, whether after their landing, they shall first attempt the said Fort, or begin with the destruction of the settlements upon the Island. When the service is over at Martinico and Guadalupe, we conceive it will be necessary to compleat the Regiment now at Nevis, and which is to continue there, and that the rest of the forces do embarque for Jamaica, and after having recruited the two Regiments belonging to that Island, up to their full complement, which in regard to the health of the men who are to go further, ought to be done in as short a time as possible, the remaining part should proceed with Vice-Admiral Benbow to Newfoundland, and endeavour the taking of Placentia, and such other services as a Council of War shall judge reasonable to be undertaken. But if when the forces from Martinico are come to Jamaica and join'd Vice-Admiral Benbow, he thinks he shall be too early at Newfoundland for the service intended there, your Majesty will in that case be pleased to order him to call at New England, and get what supplies of men he can from Col Dudley, the Governor, to assist him in his attempt upon Placentia, which is represented as a place of strength, and further direct him to take care of and furnish those men with provisions, and passage along with him, upon this enterprize, giving them assurances of your Majesty's protection and favour, and that he does the same to such as shall come to him from New England to Jamaica, which we are informed by Mr. Blathwayt 300 intend to doe. And to prevent all delays in your service, your Majesty will please, that upon the arrival of the Resolution at the Leeward Islands an express be despatched to Vice-Admiral Benbow with notice of what is intended, that he may have his ships in a readinesse to sayle, against the time that the forces abovementioned shall come to joine him. Signed, G. Rooke, D. Mitchell, Geo. Churchill, Richd. Hill. 3 pp. [S.P. Naval 7.Under date.]
[Jan. 16.] 193. Reasons why the united Forces of England and Holland should sail without delay to the West Indies. Now is the most proper time for an attempt upon the Spaniards in the West Indies, when the destruction of the French and Spanish ships at Vigo hath put the first under an impossibility of sending a fleet to oppose the confederate Navy and the latter under the highest consternation. . . . Without the acquisition of a Port such as the Havana and some others, such as may secure our Fleets, where we may lay up Naval Stores, refit and clean our ships, our Trade to Jamaica and other parts cannot be safe. In no part where the Enemy can be attacked can there be such hopes of success, nor such great advantages to the Confederacy (particularly to England) from a happy event, since the opening a Trade with the Spaniards in America hath an immediate prospect of returning bullion for our manufactures, and is the only possible amends to be made the merchants in generall for the interruption of Trade in Spaine, the Mediterranian and elsewhere. Nothing can so effectually prejudice the Family of Bourbon or advance the interests of the House of Austria, since a fixed footing and a secure Port in America must let the Spaniards see that nothing but a Treaty in favour of the House of Austria in a generall Peace can secure them the enjoyment of their Country or the benefit of Trade. . . . These forces joyned with those of New York, the Jerseys and New England might easily take Quebec, and drive the French entirely out of Canada, a design of the highest importance in itself and a preservation to our Northern Colonys, which by that great establishment must in time be undermin'd and destroy'd. For that design this is the very season, it would recover troops diseased by the services against the French Islands. No signature. Endorsed, R. Jan. 16, 1702/3. 2¼ pp. [C.O. 318, 3. No. 7.]
[Jan. 16.] 194. Copy of Mr. Atwood's reply to the Lord Cornbury's Reasons (as certified by Mr. Honan), for suspending him from the Council of New York. Respondent, humbly submitting what would be the consequence if Governors in remote Plantations should be suffered to exercise original jurisdiction over judicial proceedings and acts of State under former Governments and to assume the offices of Judge and Juryman, and if the bare certificate of a man so notorious for aiding and abetting pyrates and other foul practices as Honan, should be admitted for a charge against a Judge, whose impartial judgements for the Crown have raised great clamours from open violators of the Law, begs to represent (1) He is not to be thought charged in any particular by the Lord Cornbury, since nothing appears under his hand, to subject him to an action, if the accusation prove groundless, and the original, if any such there be, is in his own custody. (2) His Lordship, though he actually suspended this Respondent June 9th, has hitherto given no reason according to the Trust reposed in him, the supposed reasons not being certified by himself. (3) In the preluded reasons, 'tis said his Lordship was soon after his landing presented by a great number of the principal inhabitants with 33 articles against respondent with a great number of affidavits to support and justify them, and yet no article appears with anybody's hand to it, neither has his Lordship or Honan transmitted any one pretended proof prior to the suspension. (4) All the supposed proof rests upon the credit of Honan's certificates, and if the Attorney General Broughton, who would have his inactivity and coldness in the service of the Crown pass for cause of censuring Respondent's zeal, in conjunction with the late arbitrary Mayor and Rip Van Dam, provoked by that lenity which accepted of his acknowledging his offence, have succeeded in their labour to get affidavits to colour a suspension first pronounced without any one pretended proof of the grounds, it is to be presumed that they have made such interlineations and charges that they dare not suffer the originals to be seen. The affidavits not being taken in any Court nor capable of being on record, no copies of them can be evidence. (5) If such papers could be admitted for evidence, it would appear that all the imagined grounds to colour the suspension are founded upon judicial proceedings, wherein if there be error, the Law has appointed a proper method of reversal, till then the Judgments in the Supreme Court and Sentence in the Vice-Admiralty ought to be looked on as inviolable, and to countenance reflections upon them would be a great prejudice to the course of Justice, especially in the Plantations, where that course is too frequently stop'd at the solicitation of offenders. (6) No examinations ought to have been taken by the Lord Cornbury against Respondent, unless in relation to corruption or some practice foreign to the office of a Judge; indeed the supposition that this Respondent demeaned himself unduly, unjustly and corruptly was declared as the ground for the suspension pronounced, but neither before nor since was there the least proofe to colour it. (7) If the Lord Cornbury had authority to try causes over again originally in his Chamber, and should have found that there was cause for Respondent's being suspended, yet by virtue of the act continuing all Commissions which were in force at the demise of the late King, his Lordship could not suspend, having no authority to make void the Commissions which were to be in force six months after the demise etc. (8) In any case, his Lordship's power was unjustly executed, the suspension being pronounced before any proofe upon oath and without communicating any particular ground to Respondent or hearing what defence he could make. (9) The only colour for Respondent's suffering what he has hitherto done is from the authority and reputation of a Governor who labours to make good his undue censure, the real grounds for which cannot be set in a true light without shewing wherein his Lordship would excuse his manifest renouncing the authority of an English Governor by breaking the Laws of Trade and protecting the notorious breakers of it from justice, imprisoning the Sherif of the County and City of New York in the Fort, for not giving liberty to a condemned traitor, who fully and freely confessed his crime, suffering such prisoners to escape and encouraging one of them to bring actions of 10,000l. each against his Judges, violating the rights of the City, taking away the freedom of elections to the General Assembly and by such means procuring a majority to his mind, with other enormities, whereby he has forfeited that reputation, the presumption of which is to supply a total defect of evidence. Respondent hopes he shall not be obliged to make any further or more particular answer till he shall have obtained leave to exhibit articles against the Lord Cornbury and one of his instruments, Attorney General Broughton, upon examination of which it will appear that if this Respondent would have connived at illegal trade, scurrilous reflections upon H.M., and a manifest defection from the Crown, he might have still enjoyed his offices with plenty and outward peace, etc. Signed, Will. Atwood. Endorsed, Recd. Read Jan. 16, 1702 (3). Copy. 4 pp. [C.O. 5, 1084. No. 16; and 5, 1119. pp. 335–341.]
Jan. 16. 195. Minutes of Council of Jamaica. Ordered that the Receiver General buy up for the use of the Governor a handsome bed and bedstead, with all other furniture suitable for a lodging room.
Petition of Benjamin Wales, setting forth that his wife was taken away from the North side by a French privateer and a servant of his also, and praying that a Flag of Truce may be sent to demand them, recommended to the Admiral, requesting him to send one of H.M. vessels to Leogane to demand them. [C.O. 140, 6. p. 116.]
Jan. 17. 196. Memoranda [by William Blathwayt], as to Col. Colembine's Regiment, etc. 1 p. [C.O. 318, 3. No. 8.]
Jan. 17.
St. James's.
197. Order of Queen in Council. Copies of such papers only to be given to Mr. Atwood and Mr. Weaver, upon their desire, as have been transmitted by the Lord Cornbury to make good the charge sent over by his Lordship against them, it being H.M. pleasure that the matter of the said charge etc. be heard before H.M. at this Board on Thursday next without any further delay. Signed, John Povey. Endorsed, Recd. Read Jan. 18, 1702/3. ¾ p. [C.O. 5, 1084. No. 17; and 5, 1119. pp. 341, 342.]
Jan. 17.
Boston, Lords day.
198. Minutes of Council of the Massachusetts Bay. The Hon. Thomas Povey, L.G., communicated to the Council the intelligence he had received this day by letters from the County of Barnstable directed to H. E. (who is not at Piscataqua) of the surprizing and taking of two or more of our sloops, and a whale-boat or two at Cape Cod by a French sloop upon Friday last. Advised, that H. E. make out an order for taking up of a suitable vessel to be forthwith equipped, armed, victualled and manned with 40 or 50 men, to be sent forth under the command of Capt. Cyprian Southack in pursuit of the said enemy; and that the intelligence be forthwith expressed to H.E. Mr. Treasurer was directed to make provision for victualling the vessel for 6 weeks at the least. [C.O. 5, 789. pp. 476, 477.]
[Jan. 18.] 199. State of the Case of Samuel Allen, Proprietor of New Hampshire, setting forth his title to the Province of New Hampshire. [See Calendar A. & W. I. 1701, No. 271.i.] With notes for queries to be addressed to the Attorney General. Endorsed, Recd. Jan. 18th, Read April 5, 1703. 3 pp. Enclosed,
199. i. Copy of Affidavit of Nathaniel Boulter and John Redman, of Hampton, N. Hampshire, as to Capt. Mason's rights in New Hampshire, Nov. 6, 1685, 2 pp.
199. ii. Copy of similar affidavit of Francis Small of Piscataqua, Sept. 5, 1685. 2 pp.
199. iii. Copy of similar affidavit of George Walton, of Great Island, New Hampshire, Dec. 18, 1685. 2 pp. [C.O. 5, 863. Nos. 8, 8.i.–iii.]
Jan. 18.
St. Christophers.
200. Governor Codrington to [? the Earl of Nottingham.] In obedience to your Lordship's last orders I have used my utmost diligence to get ready all the men I possibly could against my Lord Peterborough's arrival. I found a surprizeing backwardness both in the gentlemen and common people, and have been forct to exert all my interest and authority upon this occasion. However, I have pretty well struggled through the difficultys, and shall have a verry good Regiment of twelve companys and two independant companys prepared to embarque, let my Lord come as soon as he pleases. I shall attend his Lordship in person and doe what little service I can. I beg your Lordship to beleive and assure the Queen whenever her glory and the interest of her arms are concerned, no man has the honor to be employed by H.M. shall serve with more zeal and less reserve of person or fortune then myself. I am at present wholly in the dark as to the scheme which has been laid, and therefore can form no judgement concerning it. I beg leave only to say, if wee take Martineque everything else will follow of course, and to take that Island only would be a greater service to the Nation then to conquer the Dutch Spice Islands. If we attempt it briskly, I believe wee may succeed, and my Lord Peterborough, I am sure, did not come into the Indies to trifle. Signed, Chr. Codrington. P.S.—Having mentioned the backwardness of our people, I think it will be best to give your Lordships the reasons of it. The first is the ill-usage our creoles met with under Col. Fowke, which they still remember, and are therefore very shy of serving under a European General or indeed mixing at all with European forces, but this I easily got over by letting everybody know how different a man my Lord Peterborough is from Col. Fowke, but the chief obstruction ris from the enclosed letter, which I suppose the Admiral ordered onely to be communicated to me, but the Master of the vessel who brought [it], opened it at Antigua, whilst I was here, and copys were spread abroad by some factious ill-natured people, to make the inhabitants believe when they were listed, they would be sent down to Admiral Benbow and employed at the Havana and Hispaniola; and this notion so much prevailed that I have had ten times the trouble that otherwise I should have had. I shall never faile my Lord to doe my duty heartily and sincerely in spight of all opposition whatever. Signed, Chr. Codrington. Endorsed, R. March 13, 1702/3. Partly holograph. 3 pp. [C.O. 239, 1. No. 5.]
Jan. 18.
201. Council of Trade and Plantations to the Queen. Transmitting the Act of Maryland, March 25, 1702, for the Establishment of Religious Worship, etc Divers Acts relating to the establishment of religion in Maryland having from time to time been repealed by reason of several defects therein found, and we having prepared, by his late Majesty's directions a draught of an Act with such alterations from the Act of April 26, 1700, as were thought most proper to the end designed and agreeable to the toleration allowed here, and the aforementioned Act having, in accordance with H.M. Order in Council, June 5, 1701, been transmitted to Maryland and passed there, is now laid before your Majesty. Upon examination we find it conformable to the foresaid draught and humbly offer that it may receive your Majesty's Royal approbation. Signed, Robt. Cecill, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. [C.O. 5, 726. pp. 170–172.]
Jan. 18.
St. James's
202. Order of Queen in Council. Affirming the Act of Maryland for the establishement of religious worship in this Province according to the Church of England and for the maintenance of Ministers. "The said Act is hereby confirmed, finally enacted and ratifyed." Signed, John Povey. Endorsed, Recd. Read Jan. 25, 1702/3. 1 p. [C.O. 5, 715. No. 71; and 5, 726. pp. 172, 173.]
[Jan. 18.] 203. Memorial of the Undertakers for producing Naval Stores in New England etc. to the Council of Trade and Plantations. (1) Less than a stock of 100,000l. will not be sufficient to carry on this undertaking, but are willing not to exceed that sum without licence from the Queen. (2) For a farther security against stock-jobbing, we p[ropose] that no person having any interest in the said Stock who shall sell all or any part of his interest, shall be capable of purchasing any part of the said stock within one year after any such sale etc., and other proposals. Signed, Wm. Wharton, Agent. Endorsed, Recd. 18th, Read Jan. 20, 1702/3. 2 pp. Edges torn. [C.O. 5, 862. No. 145.]
Jan. 18.
204. Journal of Council of Trade and Plantations. Order of Council, Jan. 17, directing that the copies of papers to be given to Mr. Atwood and Mr. Weaver, upon their desire, be only such as have been transmitted by the Lord Cornbury to make good the charge sent over by his Lordship against them, read. Attwood and Weaver on the one side, Mr. Thrale and Col. Lodwick on the other, being thereupon called in, the said order was communicated to them; and observing the limitation of that Order, neither side desiring any further copies of papers within that limitation, they promised to meet this evening, and to deliver to each other interchangeably the copies of such of the papers which they have already as they intend to make use of at the hearing.
Their Lordships observing that several of the papers transmitted by the Lord Cornbury are signed by Daniel Honan as Secretary and thereupon enquiring of Colonel Lodwick into the state of the Secretary's Office, he acquainted the Board that Mr. Matthew Clarkson had been constituted Secretary by Patent from hence in 1690, and enjoyed that place accordingly, but was lately dead, and that the Lord Cornbury had thereupon appointed Mr. Honan to officiate per interim in his stead.
Order of Council, Dec. 31, for repeal of Acts of New York laid before the Board.
Mr. Wharton laid before the Board a further Memorial in the name of the Undertakers for bringing Naval Stores from New England.
Mr. Usher laid before the Board the state of the case of Mr. Allen, Proprietor of New Hampshire, with four queries which he offers to be proposed to the Attorney General for his opinion upon them in point of Law.
Order of Council, Dec. 17, upon a Representation from the Committee of Council for hearing Appeals, relating to an Appeal of Mr. Allen, laid before the Board.
Representation upon the Act for the establishment of Religious Worship in Maryland signed and sent to the Council Board.
Jan. 19. Letter from the Board of Ordnance, Jan. 14, read. Answer returned.
Draught of an Instruction to Sir Beville Granville upon Sir John Colleton's case [see Dec. 31, 1702], was agreed upon. Representation ordered wherewith to lay the same before H.M.
The Secretary laid before the Board a division of the accounts of the incidental charges of this Office, which were transmitted to the Lord High Treasurer, July 7 and Nov. 6. Whereupon a letter was writ enclosing the same to his Lordship for his favourable directions therein.
Letter from Mr. Penn of this date read. Directions given for preparing a Representation to be laid before H.M. on that matter.
Jan. 20. Representation wherewith to lay before H.M. the draught of an Instruction for Sir Beville Granville, signed.
Two memorials from Mr. Wharton in the name of the Undertakers for importing Naval Stores from New England read. Directions given for altering some clauses in the draught of the Charter that lies before the Board, so that they may have liberty to purchase lands not exceeding the value of 5,000l. per annum, that the limitation of their stock be extended to 50,000l.; that in the last clause for vacating their Charter, there be allowed 18 months after the declaration of H.M. pleasure therein; and that all the remaining clauses of the said draught continue as they now are. [C.O. 391, 15. pp. 374–381; and 391, 97. pp. 45–55.]
Jan. 19.
205. Council of Trade and Plantations to the Board of Ordnance. In answer to yours of Jan 14, we think that the arms etc. designed for Virginia ought to be sent by the first convoy, which is appointed to be ready by the latter end of this month. The security of the Province very much depends upon the arrival of the said arms, which are of most use in the summer season, and great part of them immediately to be delivered to the Militia, who are in expectation of them. Signed, Robt. Cecill, Ph. Meadows, Wm. Blathwayt, Jon. Pollexfen, Mat. Prior. [C.O. 5, 1360. p. 362.]
[Jan. 19.] 206. Articles of Complaint against Lt.-Gov. William Partridge. He entered on the Government of New Hampshire without being duly qualified by oath, and thereafter traded illegally, importing Spanish iron direct from Spain, and ship's timber fit for H.M. service to Spain, Portugal and Algiers. [See Cal. 1696–1702.] Last summer he arbitrarily suspended George Jeffreys from the Council, without assigning any cause. Partridge being the chief trader in that Province, and the Naval Officer, being insolvent and indebted to him, is under his power and very remiss in executing his office. Signed, Wm. Wharton. Endorsed, Recd. Read Jan. 19, 1702/3. 2½ pp. Enclosed,
206. i. Memorandum of documents relating to Usher v. Partridge, 1697–1700. 1 p.
206. ii. Deposition of John Usher in confirmation of above charges. Signed, John Usher. Jan. 2, 1702(3). 2½ pp.
206. iii. Deposition of Robert Armstrong, late of New Hampshire, in confirmation of above charges. Signed, Rot. Armstrong, Jan. 2, 1702(3). 1½ pp.
206. iv. Deposition of Richard Wibird, Mariner, of New Hampshire, in confirmation of above charges. Signed, R. Wibird, Jan. 2, 1702(3). 1 p. [C.O. 5, 862. Nos. 146, 146.i.-iv.; and 5, 910. pp. 360–366.]
Jan. 19. [19th 11m. (Jan., 1702).] 207. William Penn to the Council of Trade and Plantations. Honble. Friends, I enclose the certificate of the security being given by the two gentlement that were accepted by you, and pray the utmost dispatch of the Queen's approbation of my Lt.Governor, because the ships goe in a day or two. I also humbly pray that ye approbation be so worded that the year to which it is limitted may not commence till May 1st, 1703, or rather not end till the first day of the month called May, 1704, the time of going, from weather or the ennimy, being uncertaine, it may be in 6 weeks and it may be 6 months, which would make a great hole in that time. For the Laws, I beleive they are the present Body of Laws, but at the perusall of my next letters, now in the Channell, I may be better able to answer your letter on that subject. I am with respect, your assured faithful Friend. Signed, Wm. Penn. Endorsed, Recd. Read Jan. 19, 1702(3). Holograph. 2 pp. Enclosed,
207. i. Certificate from H.M. Remembrancer's office in the Inner Temple, Jan. 15, 1702(3), that security has been given for Lt.-Gov. Hamilton. Signed, R. Barker, D. Rem. 1 p. [C.O. 5, 1262. Nos. 18, 18.i.; and 5, 1290. pp. 282–284.]
Jan. 19. 208. Earl of Rochester to [? Earl of Nottingham]. It appearing by the muster-rolls of Col. Handasyde and Col. Levesay's Regiments sent from Jamaica, that they are only signed by the officers of each company, and not by the Governor and Council, or any three of them, as H.M. regulation directs, it is desired that fresh and pressing directions may be forthwith sent strictly to comply with the regulation aforesaid, as the only means to prevent the payment of more then there shall be actually in service. Signed, Rochester. Holograph. ½ p. [C.O. 137, 45. No. 39.]
Jan. 19. 209. Minutes of Council [in Assembly] of Barbados. After reading a letter from Capt. John Foljambe, H.M.S. Kinsale, desiring to be indemnified from being made liable for H.M. stores spent on the supernumerary men appointed him by order of this Board, and likewise desiring directions and orders for the discharging and continuing them on his books, ordered that a letter be sent to the Navy Board to certify the occasion and necessity for H.M. particular service of taking on board the said supernumeraries, and if Foljambe is of the same opinion as he was that they would be allowed of, and that it has been practised, he might either contrive or discharge them, as he thinks fit, but this Board are of opinion that there is not that occasion for them now as was then.
The Messenger acquainting the President and Council, on enquiry, that the Assembly had not made a House, the President sent a message to the Speaker that it was his desire that they would not fail of making a house the next morning, having very urgent affairs that required their presence. The House returned answer that they were adjourned to Friday next and could not meet sooner. The President told their messenger that he expected to meet them next morning according to his order, and that the matters he had to offer were of such great moment that would not admit of any delay. To a second message to the same effect he gave the same answer. They replied that having adjourned to a certain day, it was not in their power to alter it. Whereupon the President ordered letters to be sent immediately to them requiring them not to fail meeting next Thursday morning.
Jan. 20.
Report of the Attorney and Solicitor General read, relating to the French that came up in the pretended Flag of Truce, who were suspected to be spies; and also a letter from M. Torraile, who came in the said vessel, praying that he might have the benefit of the cartel settled between this Island and Martineco. Ordered that a Commission issue for trying the French prisoners by a Court Martial on Munday next.
This Board being informed that Capt. Hovenden Walker did intend to send one of H.M. third rate ships lately arrived here, for as a convoy to some East India ships lately arrived here, for London, believing it might be of fatal consequence to the expedition they are now sent upon by lessening the forces, did acquaint Capt. Walker with their dislike thereof, to which he answered there were forces sufficient to engage all the French could send to these parts, and that he had lately received orders from England and would answer for what he did in that matter.
He proposed that the man-of-war which is appointed the guardship here, instead of cruising to windward of this Island, might be off Martineco, which might be a means to keep off their Privateers, to intercept all French ships going into Martineco, and retake any of our merchant ships that might be taken by the enemy.
24l. paid to John Cotrell, for 6 months taking care of the house and plantation which is hired for the Governor.