America and West Indies
November 1701, 4-14

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Institute of Historical Research

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Cecil Headlam (editor)

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1910

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598-612

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'America and West Indies: November 1701, 4-14', Calendar of State Papers Colonial, America and West Indies, Volume 19: 1701 (1910), pp. 598-612. URL: http://www.british-history.ac.uk/report.aspx?compid=71582 Date accessed: 01 August 2014.


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Contents

November 1701

Nov. 4.
Whitehall.
986. Council of Trade and Plantations to Governor, Lord Grey. In this conjuncture of public affairs and the uncertainty of alterations that may happen therein, as well with reference to H.M. Plantations abroad, as otherwise; we have thought it necessary to exhort you to the utmost vigilance in the defence and security of the Island of Barbados under your Government, and at the same time to remind you of the Instruction you have from H.M. in case of any distress of his other plantations, and more especially of the Leeward Islands, upon application of the respective Governours thereof unto you, to assist them with what aid the condition and safety of the Island under your Government can spare, which is expected you should accordingly observe. Signed, Stamford, Jno. Pollexfen, Abr. Hill. [C.O. 29, 7. pp. 441, 442.]
Nov. 4.
Whitehall.
987. Circular Letter from the Council of Trade and Plantations to the Governors in America. We enclose the copy of a Petition with an affidavit made upon it relating to five seamen taken by a pirate out of the John galley, and (as is believed) forcibly detained, that in case any of them should happen to arrive in H.M. . . . under your Government, you may have such regard to this testimony of their innocence, as after other due examination shall appear reasonable. Signed, Stamford, Ph. Meadows, John Pollexfen, Abr. Hill, Mat. Prior. Mem.—This letter was writ, mutatis mutandis, to the Governors of New Hampshire, Massachusets Bay, Maryland, Virginia, Pennsylvania, Jamaica, Leeward Islands, Barbados, Bermuda, Connecticut, Rhode Island. [Board of Trade. Plantations General, 36. p. 26.]
Nov. 4.
Barbados.
988. Reply of H.E. Governor the Lord Grey and the Council of Barbados to the Memorial of Alexander Skene, relating to the Place of Secretary. Recapitulates proceedings recorded in Minutes of Council Jan. 1699, ff. The office of Notary Public is not a branch of the Secretary's office. Mr. Skene is altogether insufficient for the employment of either public or private Secretary, being incapable to take either the Minutes of Council or of reading or writing sense or English proper for those places, and in spite of instruction was found utterly incapable of taking the sense of the Board in putting the Minutes into any tolerable sense. Mr. Skene's claims for fees for Probates of Wills and letters of administration etc. are based on the misapprehension of what belongs to the office of Public Secretary and what to that of the Governor's Private Secretary, offices that had hitherto been executed by the same person. He has had the benefit of fees and perquisites rightly belonging to his office. In answer to his complaint that the Governor nor Mr. Bedingfield have made him any satisfaction or allowance for the profits of his office for the time he was kept out of it, nor for his expenses on that occasion, we send a copy of his general release to Mr. Bedingfield for the whole concerns of his office to April 14 last. We humbly conceive that H.E. by H.M. Commission and Instructions has an undoubted right to the benefit accruing by Probates of Wills, Licences of Marriage, Letters of Administration and Guardianships, and all other matters relating to the Governor for the time being as Ordinary to his own use, and certify that the Governors have always appointed whom they pleased to be their private Secretaries. Signed, Pat. Mein, Tob. Frere, Michaell Territt, David Ramsay, Rd. Scott, John Farmer, Geo. Lillington, Geo. Andrews, Wm. Sharpe, Ben. Cryer, Thomas Merrick, Saml. Cox. Endorsed, Recd. Jan. 23, 170½. 12 pp. [C.O. 28, 6. No. 19.]
Nov. 4.989. Duplicate of preceding. Addressed to Mr. Yard. Same signatures. 7 pp. [C.O. 28, 6. No. 20.]
Nov. 4.990. Copy of Mr. Skene's Memorial, referred to in preceding. No signature or endorsement. 7¼ pp. [C.O. 28, 6. No. 21.]
Nov. 4.
Whitehall.
991. Journal of Council of Trade and Plantations. One messenger to the Board appointed instead of two, and an additional clerk in place of the second messenger.
Circular letters to the Governors of Plantations, in pursuance of Mr. Way's petition, signed and ordered to be delivered to him that he may send them forwards as he thinks convenient.
Draught of a Commission for a Governor of the Jersies considered, and ordered to be transcribed that it may be communicated to the Proprietors of those Provinces. [Board of Trade. Journal, 14. pp. 194, 195.]
[Nov. 4.]992. Minutes of Council of Bermuda. No Council Day on first Monday, being foul weather. No date. [C.O. 40, 2. p. 44.]
Nov. 5.
Boston.
993. Minutes of Council of the Massachusetts Bay. Accounts of wages due to crew of Province galley and the garrison at Casco Bay referred to be audited.
Whereas by reason of the winter's coming on, a stop is put unto the works at Castle Island, and Col. Romer being about to repair to New York, H.M. service requiring his presence there for some time, and his presence, advice and assistance in the Spring, when the works at Castle Island may be again set forward, being absolutely necessary, Resolved that a dismission be given him for the present, and that he be therein directed on H.M. behalf, so soon as the Spring shall open, to apply himself with all possible speed and diligence to see that the works on Castle Island be compleated. Also that a letter be written to Lieut.-Governor Nanfan, informing him of these directions and requesting him to permit Col. Romer to return in March. Letter and dismission signed accordingly.
An application being made by sundry merchants etc. that H.M.S. Gosport may be ordered to convoy the ships bound to Salt Tertudos to load salt, ordered accordingly.
598l. 2s. 4d. paid for provisions and stores of war for H.M. Forts at Saco and Cascobay since Feb. 28.
400l. paid to Thomas Brattle on account of the Fortifications on Castle Island.
20l. 3s. paid to Peter Sergeant for repairing the windows of his house, hired for the public service, and for rent of the house he hired of William Gibbins.
John Green paid for piloting H.M.S. Arundel. [C.O. 5. 788. pp. 105–107.]
Nov. 6.994. Journal of Council of Trade and Plantations. Draught of Instructions for a Governor of the Jersies further considered.
Nov. 7.The same further considered. Ordered, for the better expediting of that affair, that such part of the said Instructions as have hitherto been agreed upon be transcribed. [Board of Trade. Journal, 14. pp. 196, 197.]
Nov. 7.995. Mr. Thurston to Mr. Popple. With enclosed, to be laid before the Council of Trade and Plantations, "whereby they may be informed that Mr. Huxford, having been made uneasy in his business by the new officers, has delivered up his charge to another, and is desirous to be no further concerned. I am in like manner used ill by them, and therefore make it my most humble request that I may have nothing further to do in any solicitation for them, but that my accompts may be inspected and a discharge given me for the same." Signed, J. Thurston. Endorsed, Recd. Read Nov. 11, 1701. 1 p. Enclosed,
995. i. John Huxford to J. Thurston. Fort William in St. John, Newfoundland. Sept. 22, 1701. This is to inform you of my quiting the money for reason I could not be easy nor quiet. Although you had lent them money to almost their pay, they came daily swearing and flostering. Capt. Powell and Lieut. Frances very often told me that I should not pay the Company and would cut off the ears of any raskely Agent that would pretend to pay the Company. The Lieutenant also did abuse mee very much at several times before several persons, and swore, Dam him that he would cut my throat, if I stopped one penny for the Chaplain, etc. Signed, Jon. Huxford. 1 large p. Addressed. [C.O. 194, 2. Nos. 51, 51.i.]
Nov. 8.
H.M.S. Jersey,
in the Hope.
996. Edward, Viscount Cornbury to Mr. Blathwayt. I beg your favour and assistance with regard to the cloathing of the soldiers at New York. When first the King was pleased to give me this Government, I applied myself to know what condition the forces there were in, and I found they were in arrear of money, and wanted cloaths extreamly. In order to supply them with the latter, I inquired of Mr. Champante how the head of the off-reckonings stood. He told me there was no off-reckonings paid since 1697, and that he had received the full off-reckonings of 1679, which (allowing 400 men) amounts to 1,062l. 5s. 8d. for that year, in which he sent no cloathing; indeed my Lord Bellomont provided some cloathing, but then he received the sum of 1,600l. upon the head of off-reckonings before he went, which was 1697, so that the cloathing provided by his Lordship was amply paid, and the off-reckonings of 1697 remain still intire in Mr. Champante's hands. It is true Mr. Champante did send a cloathing for two hundred men in 1700, which according to his own account amounts to 1,014l., so that the off-reckonings of 1697 have fully satisfied the cloathing of 1700, and there still remains in his hands of those off-reckonings the sum of 48l. 5s. 8d., and then the off-reckonings of 1698 and 1699 remain intire to be paid in Debentures, and the off-reckonings of 1700 and 1701 remain intire to be paid in money now remaining in the Paymaster General's office. This being the state of that matter, and finding no contract entered in the Paymaster General's office, I did contract with two persons, one whereof, whose name is Fawkner, will wait upon your Lordships with this letter, for the cloathing the 400 men. These two persons went to the office, and found things as I had said, whereupon they did sign the contract, and we sealed paterns of everything, and part of the goods were delivered to me, and the rest was making up. But Mr. Champante told one of these people that they must not expect to receive any money these twelve months, for he said the off-reckonings of 1700 and 1701 must come to him for the cloathing sent in 1700. This has so terrified these persons with whom I had contracted, that they refused to go on with the rest of the cloathing. I did what I could to satisfy them by shewing them Mr. Champante's account under his own hand, but that would not content them. They petitioned the Lords of the Treasury, who were pleased to refer the petition to the Rt. Hon. the Earl of Ranelagh, but I do not hear that he has yet made any report. Now Sir, if that report is not made forthwith, I shall be forced to proceed on my voyage to New York without the cloathing, what the consequence of that will be, I believe may easily be guessed at. I can expect no less than a total desertion or mutiny. The great favours and friendship you have always shew'd me make me venture to trouble you with this long scroll etc. I beg for your assistance to Mr. Fawkner in the despatch of this business. Signed, Cornbury. Endorsed, Recd. Read Dec. 9, 1701. 3 pp. [C.O. 5, 1047. No. 5; and 5, 1119. pp. 16–19.]
Nov. 10.
Antigua.
997. Governor Codrington to the Council of Trade and Plantations. I have just now received the honour of a pacquet from your Lords, as I was going on board the fregate to visit the other Islands, and to hold a General Council and Assembly at Nevis, to concert whatever may be necessary for ye good of ye whole Goverment, and amongst other things to get one Agent establish't for all the Islands, which your Lordships seem to desire. I had made this tour (which will be my third) a month since, but that I have every day during that time expected Admiral Benbow, and was willing to receive him here, where only I could receive him well. But I yesterday had advice from Barbadoes that he had just toucht there, and was againe sail'd, no one knew whither. After my most humble thanks to your Lops. for wt. you say in relation to Mr. Mead, wh. is all I desire, and all your Lops. ought to grant, I shall as briefly as I can proceed to answer the several particulars in your letters. For our Judicature—I had written your Lordships a long letter about it, which I shall not now send, because I have just now received a pamphlet called Plantation Justice, which I am informed has made some noise at home, and I'le make that my commonplace, and thro' the whole observe to your Ldps. when I think that gentleman in ye right, and where mistaken. This I shall not faile to send yor. Lordps. by the first ship, but in the meantime I think it necessary to mention ye fundemental difficulty which I think can only be removed by authority at home—'tis this, how far and whether or noe Acts of Parliament, as such are obligatory here. I soon found this uncertainty to be ye source of much confusion and partiality, and therefore endeavoured at a remedy for an evil, which affected all our judicial proceedings. But Mr. Brodric afterwards seeing the inclosed paper, which relates to this, and which I had drawn up and sent into ye Assembly, told me my Lord Chief Justice Treby had given his opinion very different from my Lord Pemberton. And therefore I think it proper to recommend it to your Lordships' consideration. I know one Chancery cause in Barbados has lasted 15 years purely by reason of this uncertainty, wch. leads me next to what your Lordships are pleased to say of our Chancery. My Lords, there is not one word either of Chancery or Chancellor in my Commission or Instructions. Nor is there any Act in this Government relating to Chancery Courts, which I am glad of, because ten to one it would have been a very foolish and wicked one. I take myself to be Chancellor by the trust of the Great Seal, as the Governor of Jamaica does. I took the oath of a Judge before I entered into any cause. I have read everything both in print and manuscript I could procure relating to Chancery from Sir Thomas Moor down to this day, and am after a great deal of thought preparing something that I hope to get formed into an Act, and in the meantime I believe your Lordships will hear no complaints of unnecessary delays, arbitrary injunctions or unequal decrees. If we have a Peace, I shall chiefly apply myself to settle a good judicature, and to strengthen the Islands by the lesser Planters,—If a war I shall have my hands full of somewhat else. I shall not fail to give Col. Hodges the cautions you order me, and I hope hee will doe his duty. If not, I shall not use him with much ceremony. But this I must observe to your Lordps., Col. Hodges had no mind to ye title, nor is very easy under it now. For if a poor soldier of fortune had been sent thither, this Gentleman (and his father-in-law, Mr. Parsons, if alive) would have had all the real power if the Governor had a mind to eat more than once a month, and 'twas for this very reason, which might seem to your Lordps. an objection against him, I chose that gentleman. For he might influence a Governor under him to doe things which he would not appear in himselfe, since he has an estate that will beare a fine. As to your Lordships' directions about my residence at St. Christopher's, 'tis ye most agreeable command you could send me. I believe he that knows that Island would not be fond of living at Antigua or Barbados either, but in the present state of affairs I believe your Lordships will not think it reasonable I should put myself or the people to two or three thousand pounds' charge for a house that might be burnt in three months by an enemy. However, I have ordered lime to be burnt here, and will have timber cut here out of hand (for there is not a foot of timber at St. Kits) and will not faile to gett a house there in a very little time, if ye Peace continue. If a warr break out, the title shall be soon decided, and in the meantime I doe the publicque business better than if I were there myself. I staid there six weeks, and put the Militia into good order. I have at Nevis 150 men under a very good officer ready at an hour's warning. My will is made and my houses set in order. And if I hear of war at midnight I shall visit M. des Gennes by break of day; if the impertinent faction at St. Kitts, entirely owing to- Mr. Mead's pride and intercessedness, doe not hinder; for he thinks it reasonable more care should be taken of his single Plantation (to one foot of which he has noe right) than to the King's two Forts, the whole Island, and the honour of the English Nation. But I know how to deal with such proud fools, and take as much pleasure in mortifying them, as they doe in being perverse and factious. I commit no crimes that need their connivance; nor will accept of their assistance to get me any presents. The great point at St. Kits at present is to secure it, and as a meanes to strengthen it, I have past an Act of Settlement. The extraordinary tax I have persuaded the Assembly to lay on land will oblige several to part with some of their's which they cannot settle; and soe I hope to provide for a great many 5 or 10 acremen, which is the true strength of these Colonies. By this I shall draw off a great many from Anguilla and Spanish Town, where the people are perfect outlaws, and work together for the Danes and Dutch, which 'tis impossible for me to prevent. Besides this, they serve for an intermediate mart or a Repository of prohibited goods from St. Thomas and Carrisoe. I know two or three little scoundrels have gott ten thousand pounds a man by the trade, and still continue it, thro' the lazyness, fearfulness or corruption of the Custom House officers, and I can't be a Searcher nor a Wa[i]ter myself. I doe all I can and I believe much more than any other Governor either has done or does. The reasons why I have said I think it better not to reside at St. Kitts are, (1) in respect of our own people. I would not put them out of humour at this juncture; and there are several irregularitys I would as unwillingly see committed in my presence. Besides there are frequent demelés between ye English and French. And I would not commit myself with a French commandment upon a thousand chichanes. I have a very gallant but a very silly man for President, who deals better with Monsr. des Gennes than any Politician in Europe would do, for he confounds him with bad Latin and good Scotch, debauches away his soldiers and sends them off, and then blunders on with éclacrecssaisments yt. M. de Gennes knows not what to make of. Hee writes mee long letters and swears le Monsieur MacArthur. I have promist him a politick neighbour in a little time. But I am satisfyed with my old Scotch man at present, for he's as brave a man as lives, and as watchful an officer, tho' not skilful in the trade. As soon as I have despatched this ship, I shall proceed to Leeward and at Nevis expect the certain news of war. Signed, Chr. Codrington. Endorsed, Recd. 17th, Read Jan. 22, 170½. 2¾ pp. Enclosed,
997. i. Abstract of preceding. 1 p.
997. ii. Proposals relating to proceedings in Law offered by Col. Codrington to the Assembly of Antegoa to be settled by them by an Act to be passed for that end. St. John's, Feb. 14, 1700 (1701).
Are Acts of Parliament pleadable in our Courts? If so, then all Acts are obligatory here. Query, is not this position false in itself, and would it not be fatal in its consequences—e.g. how many wills would be good, if the Statute against frauds were of force here, especially amongst the poorer sort of planters, who generally convey lands by their wills, attested by two witnesses? If it be said, as it commonly is, that Acts which relate to Commutative Justice only are of force here, I desire to know why Acts of distributive justice are not as valid? And then whither Assembly men and all officers whatsoever are not obliged to receive the Sacrament according to the rights and ceremonies of the English Church. But by whom or what authoritie has this point been settled? May not one Judge be of this opinion and others of a contrarie, and then won't this notion be made use of only to serve a turn? The Act of Limitations is certainly an Act which relates to commutative justice, but the Lords think it not of force here, and direct it may not be reenacted here till they shall be appriz'd of the reasons for it. Their Lordships pretend to no dispensing power. Vide their letter to my father hereto annex't, besides the authoritie of their Lordships' opinion, I have seen it under my Lord Chief Justice Pemberton's hand that no Acts of Parliament are of force here in which the Plantations are not nam'd. If it be said (as it often is) that those Acts only wch. are declarative of ye Common Law are of force here, who shall de[fine?] in particular what those Acts are? To give a true judgement in any difficulty of this kind wch. may arise upon trials, will require a much deeper skill in the ancient usages of the Kingdom than most of our Judges are at leisure to acquire. I may suppose, with all respect to them, that few of them read Bracton, Britton or the Year Bookes.
If Acts of Parliament be not of force here, but where the Plantations are named, then by what authoritie have our Judges left the measures of the Common Law and proceeded by Acts of Parliament in trials of Treasons, Murders etc. How can our Judges deny benefit of clergy to one convict of murder, since criminals are ousted of ye benefit by ye Statute Law? I hope it will not be said that Acts which contradict the Common Law are Declarative of the Common Law.
'Tis likewise recommended to the Assembly to prepare another Act, wherein it may be settled, how far, and whether at all or no, the forms, terms of art, and other niceties in ye practice of Westminster Hall shall be followed in our Courts, and of what misprisions, errors, insufficiencys and incertaintys advantage may be taken in civill as well as criminal process, because a late notion hath been started, and a president made, wch. if pursued will soon take all the money out of the Planters' pockets and put it into the Lawyers', and be a means of introducing all the tricks and chicanery (which is in plaine terms, all the knavery) of Westminster Hall, without the Law or the Learning of that place. You will find by the order annext that the Council desire an account of the manner of our proceedings, and I should be glad to send them an account which may be for the honour of this Island, which I assure you shall always be very deare to me, as well as the interest of it. Signed, Chr. Codrington. Below,
Reply of the General Assembly of Antegoa. H.E.'s recommendation has been a point often under our consideration, more particularly the two Acts therein mentioned, for the proposing of which, as we are sensible of the good intent of H.E. therein, we cannot but hold ourselves much obliged, and though the said Laws, as they relate to distributive Justice (to prevent too great a delay in the course of it) are what we are desirous should be first compiled, yet a compleat system or body of ye whole is what we chiefly aim at, and to be drawn as concise yet full as may be, that thereby such a lasting foundation of quiet and securitie to ye inhabitants as well as others be laid for the future, as may for ever after remain a lasting monument both of our honour and safety, and resolving the elaborateness of such a work and that the persons entering thereon ought to be well acquainted with the Laws of England and circumstance of this Island, we desire H.E. and Council will join with this House in requesting ye Hon. John Yeamans Esq., and Saml. Martin, Esq., together with Mr. Brunskill, the King's Attorney General and Mr. Broderick, late Attorney General of Jamaica, to enter thereon, and that the same from time to time be reviewed by a select Committee of the Council and Assembly, in order to ye more correctness of it, before offered to a general view of H.E. and this House. We request H.E. to join with us in ye assurance of such a handsome gratification to be paid the said gentlemen. Signed, Geo. Gamble, Speaker. Note added in Governor Codrington's hand on p. 3. I could make many observations on this answer, and from them let your Lordships into the different interests and designs of the busy people here, which obstruct either openly or underhand all the good that can be proposed. 'Tis said what I propose has been often under their consideration, whereas they never dreamt of any one part of it before, as all the sincere men assure me. Then they pretend to a system, as they call it, of all their Laws, which is only to postpone the two good Laws I recommend, wch. wd. quicken the course of justice and oblige them to pay their debts. This Speaker does more than he is worth. When he has wrought himself out of debt, he'l prove a useful man enough in the public service. Then the four people joined were designed to quash the undertaking. They put in Mr. Brodric for a longwinded work, when they were sure he was to stay but two or three months, and Mr. Yeamans the Chief Justice, and Mr. Brunskel they were sure could never agree on anything. However, if I get another honest man for Attorney General, I don't doubt but to struggle thro' this good work. I drew up this paper upon an occasion wherein I was very much dissatisfied with the conduct of our Judges. Amongst other things they had allow'd the Act of Limitations to be pleaded, tho' your Lordships' Orders to my Father on that head had entered in all their Books. In fact they differ every day and form contradictory judgments. Mr. Brodric assured me my Lord Chief Justice Treby was of a contrary opinion (to Lord C.J. Pemberton). So that this point should be settled not by opinion but by authority, and I humbly propose whether the Judges should not be consulted. Inscribed on margin on p. 2 in Governor Codrington's hand. I could tell your Lordships some particulars on this head, which would raise your mirth or your spleen. Sometimes we are very nice and sometimes very gros—but I fear generally to serve turns. However, I don't doubt but to fix good and impartial Judges here, when the number of our Courts are lessened—as they should be in Barbadoes by at least three. Endorsed, Recd. Jan. 17, 170½. 4 pp.
997. iii. Petition of Eleanor Corbett on behalf of her son, John Corbet. Her husband purchased two Plantations in Antegoa of Mr. John Lingham, after whose decease Col. Henry Perne got into possession and is endeavouring to obtain an Act from the Assembly to impower him to sell the same. Case annexed. Marginal comments by Governor Codrington. The whole case "has not one word of truth in it. Corbet never bought the estate, not being worth one farthing etc. The whole petition was designed as a libel on myself and Col. Pern and I can guess at the author etc." Details of history of the estates given. Endorsed, Recd. Jan. 17, 170½. 4 pp.
997. iv. Memorandum of Act for settling and strengthening H.M. part of St. Christophers. ¼ p.
997. v. Titles and Dates of two Acts made at St. Christopher's. (1) Act for raising a levy to defray the publick charges. Jan. 14, 1700 (1701). (2) Act for repairing H.M. fortifications etc. Dated at the Town of the Old Road, April 17, 1701. Signed, Jed. Hutchinson, Speaker. ½ p. [C.O. 152, 4. Nos. 55, 55.i.–v.; and (without enclosures) 153, 7. pp. 379–387.]
Nov. 10.998. Minutes of Council of the Massachusetts Bay.
Wages of the Province galley paid up till Oct. 22.
Licence granted to AEneas Salter to erect a tenement of timber at the south end of Boston, between the housing and land in the occupation of Anthony Greenhill and the brick-house of Michael Shaller, provided the end next to Shaller be carried up with brick. [C.O. 5, 788. p. 108.]
Nov. 11.
Hampton
Court.
999. Order of King in Council. Referring the enclosed to the Council of Trade and Plantations to consider the matter, and thereupon to write to the Lieut.-Governor Elrington, transmitting the charge against him, with directions that he answer the same, and requiring him that in the meantime he permit the said Carpenter and other officers acting under him to attend the duty of their respective imployments, as is proposed by the enclosed presentment, and that upon receiving Col. Elrington's answer, the Lords Commissioners examine the matter of the said complaint and report to this Board a true state thereof, with their opinion upon the whole matter. Signed, John Povey. Endorsed, Recd. Read Dec. 2, 1701. 1 p. Enclosed,
999. i. Presentment of the Commissioners of the Customs to the Lords Commissioners of H.M. Treasury. Custom House, London, Oct. 28, 1701. William Mead, one of the Commissioners and Collectors of H.M. duty of 4½ per cent. at Nevis, being now in England by leave from this Board for the recovery of his health, hath brought to the Commissioners a letter from Mr. Henry Carpenter, the person appointed to act during his absence (as below). The Commissioners fearing that H.M. affairs under their management do hitherto remaine in the same neglected condition, pray that their Lordships will please to be a means that the matter in charge against the Lieut.-Governor may be transmitted to him, with directions to answer the same, and that in the meantime he may be required to permit Carpenter and the other officers acting under him quickly to attend the duty of their respective Governments. Signed, Ben. Overton, Walter Yonge, Sam. Clarke, Will. St. Quintine. Copy. 1½ pp.
999. ii. Henry Carpenter to [the Commissioners of Customs?] Custom-house, Nevis, Aug. 26, 1701. I crave leave to acquaint your Honors what hardship and ill-usage I have received in the execution of my office. On the 9th inst., a brigantine arrived here from New York, the Moses, Hugh Nisbet, Master, which vessel was formerly a sloop belonging to a Jew in this Island, and who is still proprietor of said vessel. I sent the Searcher on board to bring me the Register of said vessel on shoar (there being an alteration made in the vessel, and I was informed had no other register than what she had when a sloop, thought it my duty to inspect into the same. While the Searcher had the register in his custody the Master or the Governor, Col. Roger Elrington, who demanded his register, the Master replied the Searcher had it, upon which the Governor committed the Master into the Marshall's custody, and a little while after met the Searcher and threatened to brake his bones, abusing him with very ill language. The Searcher informed me what had happened. (I) immediately ordered him to carry the register to the Governor, which he did, but the Governor refused it. Two days after, the Governor desired to speak with me. I went to him, who asked if I had given directions to the Searcher to bring the Brigantine's register on shoar. I replied yes. He asked me again if I dared justifie it. I answered, I believe I had done nothing but what was justifiable, upon which he immediately struck me several blows with his cane and broke my head, and told me he would always use me like a rascal. Not being satisfyed with the ill-treatment he gave me the day before, the next morning issued out a warrant signed by himself, directed to the Provost Marshall to commit me to prison. The Marshall came to me attending my office, and informed me he had such a writ. I answered I was in the House, which was a sufficient protection to me, and I would not go with him. The Marshall made his return accordingly, upon which the Governor sends for a Military Officer, ordered him to raise two files of musqueteers, and fetch me out of the House. The officer refused it, saying he could not answer it. The Governor gave him his word and honour to justify him in the action, but the officer would not execute it. By which proceedings I am now confined to my house, and dare not go out, unless by stealth, to inspect into the management of H.M. Customs, and which has given encouragement to by traders to run quantities of prohibited goods, and has discouraged the Searchers and Waiters to execute their office, that they plainly tell me they will not run the hazard of having their bones broke. Prays for protection to the Officers of Customs in these parts. Signed, Henry Carpenter. Copy. 2 pp. [C.O. 152, 4. Nos. 56, 56. i., ii.; and 153, 7. pp. 276–282.]
[Nov. 11.]1000. Ensign Humphrey Haven to the Council of Trade and Plantations. Being Ensign to the Company at Newfoundland, Petitioner did, upon the suspension of Lieut. Lilbourn, take upon him the care of the Company, and subsisted them from Sept. 1, 1701, to April 30, out of his own pocket, for want of remittance from England, where your petitioner arriving about 14 days since, is told by the Agent that all the subsistence money was sent over, tho' Commodore Greydon informed your Petitioner it was not, and has given him a certificate to that purpose. Petitioner also provided the Company with fire and candle and other necessaries, to be repaid out of the contingent money allowed by H.M., but the Agent alleges he has received no such money, by which means Petitioner is very much stratned, and daily threatned with a goale. Endorsed, Recd. Read Nov. 11, 1701. 1 p. Enclosed,
1000. i. Copy of Warrant from Capt. Fairborne to Ensign Haven to take the command of the Company vacated by Lieut. Lilburne, suspended. H.M.S. Tilbury. St. John's. Aug. 7, 1700. Signed, S. Fairborne. ¾ p. [C.O. 194, 2. pp. 52, 52.i.]
Nov. 11.
Whitehall.
1001. Journal of Council of Trade and Plantations. Mr. Eyles desired their Lordships' favour in representing that the Lord Grey may have leave to receive the two presents that have been made him by the Assembly of Barbadoes. He was told that their Lordships will take that matter into consideration in the first opportunity at a full Board.
Mr. Bradshaw, solliciting in behalf of the Widdow Corbet against the confirmation of an Act of Antegoa, wherein she is concerned, but no such Act having yet been brought to this office, ordered that the Secretary send to Mr. Cary to know if he have lately received any Acts from thence, and if so to desire him to lay the same before their Lordships without delay. Col. Gibson, accompanied with Ensign Humphrey Haven, lately arrived from Newfoundland, presented to the Board the petition of the said Haven, relating to his pay, which was read. They were told that the subject-matter of that petition does not belong to this Board.
Letter from Mr. Thurston, Nov. 7, read. Ordered that he be told that the direction of the matter referred to does not lye before this Board.
Instructions for a Governor of the Jersies further considered.
Nov. 12.Act of Antegoa, to enable Henry Pearn to alien a certain parcel of land, was now received from Mr. Cary, and ordered to be sent to Mr. Solicitor-General, and that Mr. Bradshaw have notice given him.
Instructions for a Governor of the Jersies further considered, and, ordered to be sent, with a copy of the Commission lately prepared for the same service, to Sir Thomas Lane that they may be communicated by him to the Proprietors of East and West New Jersey for their observations thereupon.
Ordered that Lord Cornbury and Col. Dudley be desired to attend the Board to-morrow morning.
Directions given in order to the preparing a Representation upon the state of defence of Bermudas and of the Leeward Islands.
Nov. 13.Col. Dudley acquainted the Board that whilst his Commission for the Government of New England was passing the Seals, Sir Henry Ashurst had presented a memorial against him to the Lords Justices, to which he having replied, the papers on both sides were transmitted to the King, who had not yet made any determination thereupon, so that the matter lyes still in suspence. Before any stop was made to his proceedings, he had applied himself to the Board of Ordnance for the stores of War that were ordered for the Massachusetts Bay, and had indented with that Board for those stores, and sent them away.
Letter to the Board of Ordnance (Nov. 14) ordered.
Letters from Governor Codrington, Aug. 18 and 25, read. Upon consideration of that part of the first, which relates to the assistance he had desired from Barbadoes, directions were given for preparing a letter from the Board to the Lord Grey. In relation to that part of the second which relates to the Secretary's place of the Leeward Islands, Mr. Cary acquainted their Lordships that Col. Codrington had also ordered him to desire their favour in behalf of Mr. William Codrington, who has been put in per interim, and that if a patent might be accordingly granted, he was ready to pay the charge of it.
Petition of Mr. Hill laid before the Board.
Letter from Governor, Lord Grey, Sept. 13, read. Their Lordships thereupon resolved to take into their consideration the whole matter relating to his presents, and the objections that have been made against him or against the proceedings of the Courts of Justice in Barbadoes on Tuesday next. [Board of Trade. Journal, 14. pp. 197–203.]
Nov. 12.
Whitehall.
1002. Wm. Popple to Sir John Hawles, Solicitor General. Enclosing for his opinion in point of law an Act of Antigoa, Aug. 12, 1701, to enable Henry Pearne to alien grant or devise the Plantation of Blubber Valley, or to charge the same with portions for younger children. And whereas some application has been made to the Lords Commissioners for Trade and Plantations by the widow Corbet against confirming it, they have directed her to attend you with her objections. [C.O. 153, 7. pp. 254, 255.]
[Nov. 13.]1003. George Underwood Hill to the Council of Trade and Plantations. Resident of Antegoa and having by his practice of the Law gained much esteem amongst the inhabitants of the Leeward Islands, petitioner prays for the post of Secretary of the Leeward Islands, now vacant by the death of Mr. Parsons. Endorsed, Recd. Read Nov. 13, 1701. ¾ p. [C.O. 152, 4. No. 57.]
Nov. 14.1004. Council of Trade and Plantations to the Principle Officers of H.M. Ordnance. It being for H.M. service that we should know the state of defence of H.M. Plantations in America, it is necessary we should be informed what stores of war are sent thither from time to time, in order to represent whatever may be expedient. And we therefore desire you to acquaint us, what stores of any kind have been sent from the Office of the Ordnance to any of the said Plantations since Christmas last, and to whom the same have been delivered out. Signed, Stamford, John Pollexfen, Abr. Hill. [Board of Trade. Plantations General, 36. p. 27.]
Nov. 14.
Whitehall.
1005. William Popple to Sir Thomas Lane, Knt. I am commanded by the Lords Commissioners for Trade and Plantations to send you the inclosed draughts of a Commission and Instructions for a Governour for H.M. Province of New Jersey, prepared by order of their Excellencies, the Lords Justices, that you may communicate the same to the Proprietors of both the divisions of East and West New Jersey for their observations thereupon; which their Lordships desire may be made and returned to them with all convenient speed, in order to such further proceedings as shall be found necessary for the settling of that Province in a due form of Government. [C.O. 5, 1289. p. 312.]
Nov. 14.
Whitehall.
1006. William Popple to Mr. Dockwra. The Council of Trade and Plantations have ordered me to communicate [the above] to you, that you may confer thereupon with others concerned, as you see convenient. [C.O. 5, 1289. p. 313.]
Nov. 14.1007. Journal of Council of Trade and Plantations. Letter to the Board of Ordnance signed.
Letter to the Lord Grey signed.
Directions given for preparing a report upon the Order of Council, Sept. 16, relating to an Act of Nevis.
Further progress made in considering the Acts of the General Assembly of Nevis, May and June last. [Board of Trade. Journal, 14. p. 204.]