America and West Indies
December 1701, 11-15

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Institute of Historical Research

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Cecil Headlam (editor)

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1910

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670-678

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'America and West Indies: December 1701, 11-15', Calendar of State Papers Colonial, America and West Indies, Volume 19: 1701 (1910), pp. 670-678. URL: http://www.british-history.ac.uk/report.aspx?compid=71586 Date accessed: 21 April 2014. Add to my bookshelf


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Contents

December 1701

Dec. 11.1066. Commission for Col. Joseph Dudley to be Capt. General and Governor in Chief of the Province of the Massachusets Bay in New England. [Cf. Nov. 26.] He is also appointed Capt. General of the Militia and all the forces by sea and land in Rhode Island and Providence Plantations, and the Narragansett Country or King's Province. [C.O. 5, 862. pp. 17–29.]
Dec. 11.1067. Instructions for Joseph Dudley, Capt. General and Governor in Chief of the Massachusets Bay. Same as No. 647.ii. with a few variations, notably, (1) You are from time to time to send to us by one of our principal Secretaries of State, and to our Commissioners for Trade, the names and qualities of the Members appointed to be of the Council by the first conveniency after such appointments, and to take care that they be men of estates and abilities, and well affected to the Government. (2) Whereas it is necessary that due provision be made for the support of the Government by setting apart sufficient allowances to you and our Lieut.-Governor for the time being residing, and whereas our Province of the Massachusetts Bay has not hitherto taken any manner of care in that matter, tho' the like provision be generally made in our other Plantations in America, which are under our immediate Government, notwithstanding that divers of them are much less able to do it, you are therefore to propose to the General Assembly and use your utmost endeavours with them that an Act be past for settling and establishing fixed salaries upon yourself and others our Captains General that may succeed you in that Government, as likewise upon our Lieut.-Governors or Commanders in Chief for the time being, suitable to the dignity of those respective offices. (3) You are also earnestly to recommend the building of a Governor's House. (4) You are to take all possible care in the granting of any lands not already disposed of, that such limitations and methods be observed as may best tend to the safety and due improvement of our Province. (5) And whereas we have been informed that great spoiles are daily committed in our woods in the Province of Main and other parts within your Government of the Massachusets Bay, by cutting down and converting to private uses such trees as are, or may be, proper for the service of Our Royal Navy, and it being necessary that all practices which tend so evidently to deprive us of those supplies be effectually restrained, Our will and pleasure is that upon consideration of the occasions of such abuses, the methods by which they are carried on and the inconveniences that attend them, you use your endeavours with our Council and the Assembly to dispose them to pass Acts for the better preventing the further spoile of those woods, and for preserving a nursery of such trees as may be useful for our service. And in case you cannot prevail with them to pass Acts proper and sufficient for those purposes, that you send over hither the heads of such a Bill as may be enacted here. (6) In case of any distress of any others of our Plantations, you shall, upon application of the respective Governors thereof to you, assist them with what aid the condition and safety of your Government can permit. And more especially in case our Province of New York be at any time invaded by an enemy, you are to call upon our Council and the General Assembly of the Massachusets Bay to make good in men (or money in lieu thereof) their quota of assistance according to the Repartition formerly sent thither, assuring them that in case of the like invasion of the Massachusets Bay, they will be mutually assisted from New York. (7) The Militia of Rhode Island and the Narraganset Country are to be under their own Governors in time of peace, but you are to command in case of danger, etc. See 647.ii. [C.O. 5, 910. pp. 30–60.]
Dec. 11.1068. Commission for Col. Dudley to be Governor and Commander in Chief of New Hampshire. Cf. Cal. A. & W. I. 1699. No. 382, and supra, Nov. 26. Three Councillors are here to be a quorum. [C.O. 5, 910. pp. 61–81.]
Dec. 11.1069. Instructions for Col. Dudley to be Governor and Commander in Chief of New Hampshire. Cf. No. 647.ii. with variations; notably, The Council to consist of William Partridge, John Hincks, Nathaniel Fryer, Peter Coffin, Robert Elliot, John Gearish, John Ware, William Vaughan, Saml. Penhallow, George Jeffry, John Plaisted, and Henry Dow. Not to act with a quorum of less than five except upon extraordinary occasion. You are to take care that the Assembly is elected only by freeholders, as being most agreeable to the custom of England, to which you are as near as may be to conform yourself. And you shall reduce the salary of the members of the Assembly to such a moderate proportion as may be no grievance to the Country, wherein nevertheless you are to use your discretion, so as no inconveniency may arise thereby. You are to endeavour to induce the Assembly to pass an Act for settling a salary upon the Governor, and to pass a law against cutting down woods etc. [C.O. 5, 910. pp. 89–117.]
Dec. 11.1070. Instructions to Col. Dudley, Governor of New Hampshire, in pursuance of several Laws relating to Trade. [C.O. 5, 910. pp. 118–152.]
[Dec. 11.]1071. Draught of a Surrender of Government intended to have been presented to the late King James by the Proprietors of East New Jersey in April, 1688. Endorsed, Recd. Read Dec. 11, 1701. Communicated to the Board by Mr. Docwra. 1 p. Parchment. [C.O. 5, 1261. No. 35.]
Dec. 12.1072. Mr. Champante to the Council of Trade and Plantations. Reply to Lord Cornbury's letter to Mr. Blathwayt, Nov. 8. The late Lord Bellomont in 1697 carried over to New York a double cloathing for the forces, but which he was obliged to take along with him unmade, and the credit of H.M. pay being then very low, his Lordship was under a necessity to give his own bond for securing payment of several sums on account of the said cloathing, and on which, pursuant to his Lordship's orders, I have paid about 800l. There are yet on the same account other bonds of his Lordship's standing out and unpaid, which will unavoidably come upon my Lady his executrix, notwithstanding the unhappy circumstances her deceased Lord has left her in. I can't lay before your Lordships the charge of the aforesaid cloathing, but to offer at a computation of it on the assignments my Lord Cornbury is endeavouring to support, of the offreckonings of this and the last year, it can't amount to less than 3,000l, if your Lordsps. consider the difference in the price of commodities during the late war and since the Peace, and that the said cloathing was forced to be made up at New York, where all manner of labour, to speak of nothing else, is four or five times dearer than here.
The several Captains of the forces have likewise demands on the arrear of offreckonings before 1700 for clothing supplied by them to their Companies in the necessities they were often under, wch. may amount to 1,000l. This was all I knew of the state of the offreckonings when I attended your Board in April or May 1700, when your Lordships recommended to me the immediate care of providing a double clothing for the naked soldiery, and I was told by one of your Lordships, to whose memory I must appeal, that the necessity was so urgent that I might apply the very subsistance I received to the clothing which I should be able soon to make good out of the offreckonings payable every two months, and wch. are the very offreckonings now in question. In obedience to your orders I immediately applied myself to the providing of a double clothing for 200 men, 12 serjeants, 12 corporalls and 12 drums, in which I took so immediate a care that Lt. Hunt and myself saw all or most of ye woollen commodities bought before our faces, and which I may venture to affirm were in all respects better than H.M. Guards of Foot were then clothed with. The charge amounted to 1,014l. 7s. 4d., which has all been made good by me, and which I have not been yet repaid, notwithstanding my Lord Cornbury's allegation to the contrary, as shewn by my accounts (Explained in detail). The Government of New York plainly expect that I should be indemnified out of the offreckonings now in the Pay Office. But to this Lord Cornbury objects that Ld. Bellomont received 1,600l. due on account of offreckonings before 1697, and that thereby the cloathing provided by him was fully satisfied, that the cloathing of 1700 had been fully made good out of those of '97, and that there still remained in the Pay Office the offreckonings of '98 and '99 to be paid in debentures, and lastly insinuates that unless the offreckonings of this and the last year be not disposed of according to his assignment, he shall be forced to proceed on his voyage without any clothing, and what the consequence of that will be, he believes may easily be guessed at. I have heard that Lord Bellomont was forced to dispose of the tallies for that 1,600l. for but the sum of 1,100l. The sum of 1,808l. 11s. 3d. does remain in the Pay Office to be paid in debentures, which, at the discount other debentures have sold at, must be parted with for about 1,080l., and if to this sum be added that 1,100l., and 1,062l. 5s. 4d., the offreckonings of 1697, which I have already accounted for, the whole will amount to but 3,242l. 5s. 4d. I have already shown that in all probability the demand upon the said offreckonings can't rise to less than 4,000l., and the loss that will thereby accrue to my Lady Bellomont will be none of the least of her hardships, and this may further serve to show that the cloathing of 1700 is yet unsatisfyed, the contrary of which my Lord Cornbury seems to insist that he proves out of my own accounts. Further details. Lord Cornbury's fears of going to his Government without any cloathing are groundless. In case M. Fauconier, through inability or otherwise, shall not think fit to go on with the cloathing, which is said to be in such a readiness, and which I have some reason to think the contrary, unless the assignment in question be made good to him, that is to say unless he be paid the whole down in ready money, I am ready to engage myself to provide a satisfactory double cloathing for the forces, upon an order of the Treasury to receive the remainder of these two years' offreckonings, which after the demands upon them are paid will amount to about 900l., and the offreckonings of the next to be paid when due without any postponing, and this proposal is above 200l. in value less than the assignments in question, and will leave the offreckonings of the said forces in a better condition than those of any other part of the Army, for there will always be of them a year in hand to contract upon. Signed, J. Champante. Endorsed, Recd. 12, Read Dec. 17, 1701. 5 pp. [C.O. 5, 1047. No. 9; and 5, 1119. pp. 19–29.]
Dec. 12.1073. William Stamp and Peter Faulkner to the Council of Trade and Plantations. My Lord Cornbury having applied to your Lordships for to obtain a dispatch of cloathing which he did contract for with petitioners, which Mr. Champante has opposed without any reasonable cause, petitioners enclose the following papers to show how the offreckonings accounts of the Four Companies at New York stand. Endorsed, Recd. 12, Read Dec. 17, 1701. 1 p. Enclosed,
1073. i. Copy of Mr. Champante's account of his receipts and payments relating to the Forces at New York. 1 p.
1073. ii. Copy of Capt. Peter Mathew's Account for his subsistence and pay as Lieut. to the Commander's Company at New York, to May 7, 1701. Showing balance due 417l. 4s. 10d. Signed, Peter Mathews. Sworn before J. D. Reimer, Mayor. New York, May 7, 1701. 1 p.
1073. iii. Copy of petition of William Stamp and Peter Faulkner to the Lords of the Treasury. Oct. 16, 1701, with Lord Ranelagh's report thereon, Nov. 22. 1 p.
1073. iv. Copy of the memorial of Willm. Stamp and Peter Faulkner to the Lords of the Treasury, in answer to the objections of Lord Bellomont's Agents. Nov. 25, 1701. 2¾ closely written pp.
1073. v. Copy of Lord Cornbury's contract with Wm. Stamp for part of the clothing for the soldiers at New York. July 1, 1701; with his Lordship's receipt for the said goods, Sept. 19. Endorsed, Recd. Read Dec. 17, 1701. 3 pp.
1073. vi. Copy of Lord Cornbury's contract with Willm. Stamp and Peter Fauconnier for part of the clothing for the soldiers at New York. Sept. 1, 1701. Same endorsement. 3 pp. [C.O. 5, 1047. Nos. 11, 11.i.–vi.]
Dec. 12.1074. Council of Trade and Plantations to the King. Summarises previous proceedings concerning complaints of delay and irregularities in the administration of justice in Barbados. (Feb. 6 etc.) We now humbly crave leave to lay before your Majesty an account of the further progress of that matter. The Governour and Councill of Barbados have transmitted to us a large and particular answer to the several heads of complaint exhibited by Mr. Hodges against the proceedings of the Court of Chancery and other Courts of Justice in that Island, wherein they set forth, that the said Courts did sit more frequently than had been suggested by Mr. Hodges, appealing for proof of what they say to the Copies of their Journals, and Certificate of the Publick Register, by which they also show that all the Causes ripened for a hearing in the Court of Chancery since the present Governour's arrival there (being in the whole but 78, and 15 thereof having been upon the list before his arrival) were finished in March last; and when the intervals between their sittings happened to be longer than usual, they offer divers reasons for it; as the Governour's sickness, the sickness of the Island, the necessary forms and methods of their proceedings etc. They likewise vindicate themselves from some other imputations; by denying directly what Mr. Hodges asserts particularly in relation to the circumstances of the Judges of that Island, as if they were persons much in debt; also in relation to the authority of some great men amongst them, as if it were made use of to deter witnesses from declaring their knowledge concerning the male-administration of Justice; and they in like manner contradict him in several other points, challenging him withall to prove by particular instances, wherein justice has been perverted, either through bribery or any other unwarrantable consideration. In further testimony of the Governour's good conduct, they appeal to the Addresses that have been made by the inhabitants to your Majesty, and to him the Governour, acknowledging his impartial administration of justice amongst them; in reference whereunto, they likewise observe, that amongst the 78 Causes which have been determined by him, there have been but two Appeals made to your Majesty in Council here. Upon the receipt hereof Mr. Hodges (who is the only person who appears to us to concern himself in the prosecution of these matters) desiring that the same might be communicated to him together with all the papers therein refer'd to, we complyed with him therein. And he has thereupon delivered to us a long reply, in which he endeavours to disprove what the Governour and Council have alledged concerning the frequent sitting of their Courts, and so invalidate the reasons which they have offered from the consideration of sickness and otherwise for the extraordinary intervals that have sometimes happened, and this he does by observations upon their Journals, by offering some grounds of doubting whether the certificate of their Register were made upon oath, as is pretended; together with other particular objections. He complains of the Governour's neglecting to inspect the management of the Courts of Common Pleas, particularly that of St. Andrews, whose negligence was such, that (as he says) they sat but one day in 14 months. He instances an obstruction in the course of Justice by the Governours not filling up a Judge Assistant's place in the Court of St. Michael's for about 6 months after the death of Mr. Gardiner, who had been in that place; by means whereof all proceedings in that Court were so long stopt. He likewise complains of the great hindrance which his and other men's Common Law Proceedings had received from the Court of Chancery, by injunctions irregularly granted, and long continued; and instances particularly in two cases of his own; the one carryed on in the names of Coats and Spry (his Trustees) against Sadler; the other in the name of Holdip (his Trustee) against Downes, each of which he says had been suspended by Injunctions out of Chancery for about two years. He further asserts that no Court of Errors was held by the Governour, or at least that no Writ of Error was heard and determined by that Court, from his arrival there in July, 1698, untill the 24th Jan., 1700, which is about two years and a half. And he names Mr. Sharp and Mr. Sadler as persons much in debt, and therefore unfit to sit in any of the Judicatories of that Island. Whereas the Governour or Council have certified that all Causes ripe for a hearing in Chancery were finished in March last, he does not deny but that extraordinary diligence was used a little before that time, but this he attributes to the particular directions given to the Governour by our letter of October 16, 1700, for sending home attested copies of the Proceedings of all their Courts. He does not instance in any delay or denyal of Justice either since their receipt of your Majesty's letter of the 16th March last, or of our letter of the 16th October before, nor has he produced to us any Affidavits upon the points which the Governor and Councill have challenged him to make good, though we have frequently directed him to bring affidavits upon whatsoever he thought necessary to be proved. So that whatever have been the neglects or other irregularities in their Courts of Justice formerly, we have reason to believe that the directions already sent have been of good use towards their Reformation. However, Mr. Hodges not explaining himself by any one particular prayer or desire in relation to any Case wherein he is concerned (tho' often required by us to do it) persists still in his general complaint of former irregularities, as if no justice were ever to be expected in that Island without altering the whole form of Government. He insinuates that the Chancellour and other Judges should be persons learned and well skilled in the Laws of England; upon which we observe, that in the general administration of Justice in all your Majesty's Plantations, inhabitants of the best ability and reputation have been looked upon as the persons most proper to determine controversies there, and of least charge to the people. He proposes that the custome of making presents to Governours by General Assemblys should be abolished; against which there would be no objection, if a competent maintenance could otherwise be made to such Governours as have not sufficient allowances, without bringing a new expence upon your Majesty, as we have formerly represented. He desires that a longer time than 14 days may be allowed for appealing to your Majesty from the Decrees of their Chancery Courts; which being contrary to the General Constitution of the Plantations, who have all acted by the same rule without complaining, we are apprehensive lest the altering of it, as Mr. Hodges desires, should be attended with yet greater inconveniences than what he seeks to remedy. Upon all which we humbly observe, that it does not appear to us, that there have been any extraordinary delays in the sitting of the Courts of Justice in Barbados since the forementioned directions sent thither, nor much less that they have refused to hear any Motion or give Judgement in any Cause that has come before them; and we do not therefore conceive anything more proper to be done in this matter, at present, than that the Governour or Commander in Chief be strictly admonished to a constant care and watchfulness that Justice be duly administered on all occasions according to your Majesty's Orders already signified to them as aforesaid. And whereas by reason of these complaints and the time that was necessary for the examination of them, we have not hitherto laid before your Majesty two Acts of the General Assembly of Barbados, the one dated the 3rd of October, 1699, for the payment of 2,000l. currant money of that Island to his Excellency Ralph Grey Esq.; the other dated the 5th of November, 1700, for the payment to him of 2,000l. sterling; which sums, by the Constitution of that Government, and purport of the Acts themselves he is not to receive without your Majesty's approbation first had; we now humbly offer, that considering the expence, which the Lord Grey has been obliged to make in supporting the dignity of that Government, has exceeded his Salary, and there not appearing to us any sufficient cause to hinder him of the benefit intended him in this manner by the inhabitants of that Island, your Majesty would be graciously pleased to permit him the said Lord Grey to receive the said summs of 2,000l. currant money of Barbados, and 2,000l. sterling according to the intent of the foresaid Acts.
And for any private injury the said Hodges may think he has sustained from the Lord Grey during his Government, he has his remedy at Law by virtue of an Act of Parliament lately passed to punish Governors of Plantations in this Kingdom for crimes committed by them in the Plantations. Signed, Stamford, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Abr. Hill, Mat. Prior. [C.O. 29, 7. pp. 444–453.]
Dec. 12.
Whitehall.
1075. William Popple to Governor Lord Cornbury. Upon the 2d instant I received the honour of your Lordship's letter of the 28th of the last month, and immediately laid the same before the Lords Commissioners for Trade and Plantations, who did not then give me anything in command to answer.
Their Lordships having now under consideration the cloathing necessary for the Soldiers at New Yorke, and being informed by Mr. Fauconier that he delivered to your Lordship some quantity of cloathing for that service in September last, they have now commanded me to desire your Lordship would please to acquaint them particularly what quantity of such cloathing you have with you aboard the Jersey, and what has been put aboard any other ship for the use of the said soldiers by your direction. [C.O. 5, 1119. p. 30.]
Dec. 12.
Whitehall.
1076. William Popple to Capt. Andrews. The Lords Commissioners for Trade and Plantations having under consideration the sending of cloathing for the soldiers at New Yorke, and being informed by Mr. Fauconier that he delivered to the Lord Cornbury in September last, for that service, a quantity of cloathing amounting to 524l. odd money, their Lordships desire you to acquaint them with what you know about the receipt and disposal thereof; As particularly whether the said cloathing have been shipt for New Yorke, and in what vessell; which you may please to do in a letter directed to myself. [C.O. 5, 1119. p. 31.]
Dec. 12.
Whitehall.
1077. Journal of Council of Trade and Plantations. Mr. Attorney General attending as desired, in order to advise upon the methods in which the Proprietors of the Jersies may most fitly surrender their pretended rights to Government, their Lordships, after several discourses with him, ordered that the Secretary wait upon him with copies or abstracts of such grants as are in this office, by virtue whereof the Proprietors claim that right, in order to the drawing a form whereby they may best surrender the same.
Mr. Peter Fauconier presented a petition which was read, and several papers presented therewith were laid before the Board. Mr. Champante presented a Memorial in answer to Lord Cornbury's letter to Mr. Blathwayt. After which, both Champante and Faulkner having been heard, ordered that the Secretary write to Capt. Andrews, Agent for the Lord Cornbury, to enquire what he knows about the receipt and shipping of some clothing, amounting to 524l., for which Mr. Faulkner produced Lord Cornbury's receipt, dated in Sept. last. Secretary also ordered to write to Lord Cornbury.
A Report relating to the administration of Justice in Barbadoes, comprehending a report upon 2 Acts of the Assembly for presents to the Governor, signed. [Board of Trade. Journal, 14. pp. 232–236.]
Dec. 15.1078. Capt. Andrews to William Popple. Illness prevented my waiting on their Lordships. Long before Sept. last I heard my Lord Cornbury had been about providing for some cloathing for the forces at New York, and before I was made his Agent, I was told he had received the same. I was likewise acquainted with a new contract made for further cloathing with Messrs. Will. Stamp and Peter Faulkner after my Lord had been spoken to by several undertakers, which last cloathing is still undelivered. As to what is become of the former new cloathing, amounting to 524l. 11s. 4d., according to my Lord's receipt, which I know very well to be his Lordship's hand, I do believe he must have taken it along with him. Signed, John Andrews. Endorsed, Recd. Read Dec. 16, 1701. Addressed. ½ p. [C.O. 5, 1047. No. 10; and 5, 1119. pp. 31, 32.]
Dec. 15.1079. Mr. Garret to Mr. Champante. Reply to enquiry as to cloathing supplied for the soldiers at New York since Sept. 1. Signed, Dan. Garrett. Endorsed, Recd. Read Dec. 16, 1701. Communicated to the Board by Mr. Champante. 1½ pp. Enclosed,
1079. i. List of goods entered on board H.M.S. Jersey, Sept. and Oct. Signed, P. Alberts. 1 p. [C.O. 5, 1047. Nos. 13, 14.]
Dec. 15.
Portsmouth.
1080. Minutes of Council of New Hampshire. Whereas complaint is made that two of the persons appointed for Portsmouth (Dec. 3) to run the bound-lines between the towns of this Province, [and] appeared not to do their duty therein, ordered that William Cotton attend that service. [C.O. 5, 789. p. 75.]