America and West Indies
December 1701, 16-20

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Institute of Historical Research

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Cecil Headlam (editor)

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1910

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679-691

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'America and West Indies: December 1701, 16-20', Calendar of State Papers Colonial, America and West Indies, Volume 19: 1701 (1910), pp. 679-691. URL: http://www.british-history.ac.uk/report.aspx?compid=71587 Date accessed: 23 August 2014.


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Contents

December 1701

Dec. 16.
On board the
Jersey at
Spithead.
1081. Governor Lord Cornbury to Mr. Popple. I just now received yours of the 12th inst. (q.v.) and inclose a list of cloathing accordingly. I wish the rest of the cloathing were dispatcht. I should have a much pleasanter voyage then I shall have without them, and I am very weary of lying here. Signed, Cornbury. Endorsed, Recd. 18, Read Dec. 20, 1701. Addressed. 1 p. Enclosed,
1081.i. List of cloathing received by Lord Cornbury for the use of the soldiers at New York. ¼ p. [C.O. 5, 1047. Nos. 12, 12.i.; and 5, 1119. pp. 38, 39.]
[Dec. 16.]1082. Mr. Dockwra to the Council of Trade and Plantations. Objections to Col. Hamilton being made Governor of New Jersey. In 1687 he had a Commission from the Proprietors of East Jersey, but acted contrary to his Instructions, and after many letters of complaint took ship for England. In his passage hither he was taken by the French, and, as he [said], the Proprietors lost all the copies of those Books and Papers which he pre[tended] would have put him in a capacity of giving a better account of his administration and of excusing himself. This insinuation, joined to fair promises of better administration at his return, and that he would give satisfaction for his former offences, and the pity they had of his misfortunes, prevailed with the Proprietors to grant him a new Commission, 1692. Under this Commission he had repeated orders and instructions. B[ut] notwithstanding all his promises and the continued importunity of the P[roprietors] to have an account of his former proceedings, he persisted in the [? neglect] of his duty, not observing any of their orders, and to this day has never given an account of any one year's transactions in this Province. The Proprietors of East Jersey, provoked by such usage, joined with th[ose] of West Jersey, and sent over Col. Bass in 1697 with their Co[mmission] for Governor of both Provinces, thereby superceding Col. Hamilton's Commission, which his Faction resented in that manner, that tho' [Col.] Bass received Instructions from this Board, signed by the Lords Justices and countersigned by the Lords of the Treasury, having [? his] dispatches from hence, and embarking on the same man of war as the Earl of Bellomont, and had a dedimus potestatem under the Broad Seal of England, by which he was sworn by Lord Bellomont in New York, yet they denied his authority and publickly affronted the said Governor Bass and Judges in open Court. This opposition was the first occasion of the heats and ani[mosities] in those Provinces. Col. Hamilton after the Province was sett on flame, took advantage of those confusions, returned to England, insinuated himself into the favour of some of the West Jersey Society, (who were ignorant of his proceedings under the Commission of the East Jersey Proprietors) and by his relation of the posture of affairs, induced them to believe that there was no way of quieting the Province, but by constituting him Governor, since the superceding his Commission gave rise to the divisions there. The West Jersey Proprietors, deluded by this artifice, persuaded some of the East Jersey Proprietors to join with them in giving Col. Hamilton a new Commission under a pretence that the necessity of affairs required it, at least till they could be better provided. The East Jersey Proprietors, dreading the event of intestine animosities, complied, tho' Col. Hamilton had formerly so notoriously forfeited his reputation with them. Thus they procured a majority of Proprietors and sent him over with their Commission, superceding that of Col. Bass. But Col. Hamilton sencible without the King's approbation he should meet with opposition, being the very argument used by himself and adherents against Col. Bass' Commission, endeavours were used to obtain the same by petition to H.M. But it was denied. Yet the business Col. Hamilton had to doe for the West Jersey Society was motive sufficient to prevail with him to act under a Commission of so much less authority than that of Col. Bass, and which for that reason he knew would be strenuously controverted there, and has since had all those dire effects, which the aversion to [of] that people to a Scotch Governor (promoting a Scotch interest) gave just apprehensions would procure. The East Jersey Proprietors finding they were mistaken in their remedy, and that this alteration had occasioned a far greater disgust in the Province, and that the inhabitants were resolved never to obey Col. Hamilton, but they themselves under any power rather then that of a Scotch Governor, did send over their Commission constituting Capt. Andrew Bowne upon the place their present Governour, a quiet man that had been Deputy Governor and well esteemed in the Province, and a second time superseeded Col. Hamilton's Commission. Col. Hamilton, believing it impossible ever to impose again on the Proprietors, resolved to try the last effort, and then set up in opposition to the Proprietors themselves, and though by his Commission he was obliged to surrender the Government on the arrival and publishing of a new Commission, yet he detained the Provincial Seal, keeps all the records and the dedimus potestatem, totally subverting the Government.
It's hoped that this, with the petition and remonstrances both from East and West Jersey already before the Board, will so far lessen him in your Lopps.' esteem that he will not be thought worthy of recommendation of Governour of New Jersey, and since your Lopps. were pleased to advise against presenting any party man (Col. Hamilton being peculiarly such) it's hoped you will not think it a medium to reconcile the contending parties of both Provinces by presenting him, nor judge it the most proper method to advance and encourage an English Colony by advising H.M. to constitute a Scotch Governour.
The injuries the inhabitants there and the Proprietors here have received from Col. Hamilton are the motives to their surrender, and they therefore hope that they shan't draw on themselves that very evil they would endeavour to be freed from. All those that have suffered by Col. Hamilton can have no hope of redress, should he be constituted Governor. For then he will become both Judge and Party too. The present apprehension of war may require a Governor skilled in military affairs, that the Militia may be well modelled and disciplined, and put in a capacity of opposing foreign enemies, as well as quieting intestine feuds. Endorsed, Recd. Read Dec. 16, 1701. Presented to the Board by Mr. Dockwra etc. 2¾ large pp. [C.O. 5, 1261. No. 36.]
Dec. 16.
Whitehall.
1083. Journal of Council of Trade and Plantations. The Secretary acquainted the Board with records of which he had given copies to the Attorney General as directed Dec. 12.
Letter from Capt. Andrews read.
Letter to Mr. Champante from Mr. Daniel Garret, a person employed by him to make enquiry abt. the clothing for the soldiers at New York, containing several probable evidences that no such clothing was either bought or shipt, being communicated to the Board by Mr. Champante, was also read.
Mr. Champante, Mr. Garret, Mr. Fauconier and Mr. Honan, the Lord Cornbury's Secretary, all attended upon occasion of clothing for the soldiers at New York, were called in, and the two latter being asked several questions relating to the clothing and to the shipping thereof in Sept. last, Mr. Fauconier declared that he did not know of whom it was bought, nor aboard what ship it was put. Mr. Honan declares that he knows nothing at all of the matter, nor where the said clothing is, whereupon their Lordships thought fit to put the following queries in writing:—(1) What day the clothing amounting to 524l., or any part thereof, was bought, and of whom? (2) To whom were either the whole or any part thereof delivered, and what day? (3) Who shipped them off, aboard what ship, and what day? (4) Were they entered at the Custom-House, and what day? (5) What packer made 'em up? A copy of these queries being delivered to Mr. Fauconier, he was required to bring an answer to them, with what proof he can make thereof, to-morrow morning.
Mr. Savage and Mr. Mead desired their Lordships would recall their late letter to Governor Codrington upon Col. Elrington's ill-treating Mr. Carpenter, offering thereupon that their Lordships' writing is not strictly pursuant to the Order of Council about that matter, which directs only writing to Col. Elrington about it. But their Lordships acquainting them that they had chose that as the most proper way to obtain a full and true account, Mr. Savage promised to send forwards all the letters which had been sent to him on the 5th.
Mr. Dockwra, with Mr. Sonsmans and Mr. Cox, jr., presented a paper of objections against Col. Hamilton's being appointed Governor of the Jersies. Col. Morris desired a copy thereof in order to his answering it, which was directed.
Dec. 17.Their Lordships took into consideration the several references that lie before the Board relating to the Secretary's place of Virginia, and gave directions for preparing a Representation thereupon.
Mr. Champante's Memorial, of Dec. 12, read.
An answer from Mr. Fauconier to the queries delivered to him yesterday was read. But it not appearing any ways satisfactory, and referring in everything to the Lord Cornbury, their Lordships directed the said queries and answer to be sent to his Lordship, together with a duplicate of the last letter writt to him by the Secretary, for his possitive and speedy answer to the whole matter, with intimation that the clothing or not clothing of the soldiers at New York will depend thereupon.
Mr. Champante, Mr. Garret, Mr. Fauconier and Mr. Honan being all called in, as yesterday, and Mr. Fauconier producing his contracts with the Lord Cornbury for clothing the soldiers at New York, dated July 1 and Sept. 1, copies were taken thereof. But no evidence appearing to their Lordships upon anything offered by him or others, either in writing or discourse, that any parcel of cloathing was really sent to New York, as pretended, in or about Sept. last, they thereupon wrote to the Lords of the Treasury with an account of the matter as it now lies before them, who replied that that Board have agreed that Mr. Champante shall provide and send away a full clothing for the four companies, or so much of it as shall not appear upon my Lord Cornbury's answer to have been already sent on ship board. These cloths to be sent by Mr. Champante by land to Portsmouth, to be put aboard the Jersey at Spithead. And whereas Mr. Champante has acquainted the Board that he has, about a year since, sent a double clothing for 200 of the soldiers, (of which number the Company then consisted) which is to serve them till Dec., 1702, he was directed that in case the said clothing have accordingly been delivered to the Companies, the like quantity of these now to be sent are to be detained, and not to be delivered out there till further order.
Upon occasion of Mr. Honan's appearing at this Board, these two days, as Secretary to the Lord Cornbury, ordered that an abstract be drawn of the informations against him, that a letter may be thereupon writ to Lord Cornbury.
Petition from the Widow Corbet laid before the Board. She was acquainted that the Report she asked for was not yet brought hither, but that when it comes, she shall have a copy of whatever may be proper and necessary for the maintaining of her right.
Dec. 18.Letter to Lord Cornbury signed. [Board of Trade. Journal, 14. pp. 236–244.]
Dec. 17.1084. Mr. Faulkner to the Council of Trade and Plantations. The cloathiers, who furnished the 524l. cloathing to my Lord Cornbury, delivered it to him on Sept. 19, as per his receipt appeareth. Endorsed, Recd. Read Dec. 17, 1701. 1 p. [C.O. 5, 1047. No. 15.]
Dec. 17.
Whitehall.
1085. Council of Trade and Plantations to the Lords of the Treasury. Being informed that the four Companys of Soldiers at New Yorke are in the greatest want of cloathing, and that unless they be immediately supplyed they will all desert to the French or to the neighbouring Colonies, we have examined Mr. Fauconier who has produced contracts made with my Lord Cornbury for the cloathing of the said Companies, but are no ways satisfied that any part of the said cloathing is already sent.
We have also writ to my Lord Cornbury, upon the same subject, on Fryday last, but have not yet received his answer. The said Fauconier has also further declared that he cannot provide the cloathes without the money. But Mr. Champante has offered to us "that he is ready to engage himself to provide a satisfactory full cloathing for the said Soldiers, upon an Order from your Lordships to receive the remainder of these two years' off-reckonings (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"; Or that rather than the Companies should want cloathing, your Lordships should dispose of 1,000l. of the foresaid two years offreckonings, as your Lordships shall think proper for that service. Signed, Stamford, Ph. Meadows, Wm. Blathwayt. Jno. Pollexfen, Abr. Hill, Mat. Prior. [C.O. 5, 1119. pp. 35, 36.]
Dec. 17.
Whitehall.
1086. William Popple to Governor Lord Cornbury. The Lords Commissioners for Trade and Plantations not having yet received any answer to the Letter which I wrote to your Lordship the 12th instant by their direction, they have ordered me to send you the inclosed Duplicate. And whereas upon further enquirys which they have made of Mr. Fauconier, Captain Andrews, your Lordship's Agent, and other persons, concerning the sending away of the parcell of cloathing for the Soldiers at New Yorke in September last, their Lordships have not received any satisfactory account thereof, they have further commanded me to send you the inclosed Copy of certain Queries which they delivered yesterday in writing to Mr. Fauconier, and of the answer that he has this day returned unto them; By which he plainly avoiding to reply unto any one particular Query. and referring himself wholly to what answer your Lordship shall make thereunto, they have directed me to desire your Lordships positive and speedy answer to the whole matter, and to acquaint you that the cloathing or not cloathing of the said Soldiers will depend thereon. [C.O. 5, 1119. pp. 33, 34.]
[Dec. 17.]1087. Petition of Eleanor Corbet to the Council of Trade and Plantations. Praying for a copy of the Solicitor General's report upon the Act of Antegoa in prejudice of her son; also for an effectual order to the Governor of the Leeward Islands to hold a Court for trial of her sons and the co-heirs of Lingham's title. (See July 31, etc.) Endorsed, Recd. Read Dec. 17, 1701. ¾ p. [C.O. 152, 4. No. 65.]
Dec. 18.1088. Order of Council. Referring enclosed petition to the Council of Trade and Plantations to examine and report upon. Signed, Edward Southwell. Endorsed, Recd. Read Dec. 23. 1701. ½ p. Enclosed,
1088. i. Copy of petition of James Norton, late Lieut.-Governor of St. Christophers, to the King in Council. About Aug., 1700, some misapprehensions happening to arise between Petitioner and the General, they presented an Address to Col. Edward Fox, Lieut.-General of the Leeward Islands, charging petitioner with several matters of complaint relating to the execution of his office. Petitioner having put in his answer, and the matters of complaint being fully examined before Col. Fox and the Council of St. Christophers, it appeared that what your petitioner had wrong acted was not out of any wilful intent or presumption, but only through ignorance or misapprehension. wherefore Col. Fox and the Council thought fit to move it to the Assembly that there might be a perfect reconciliation between petitioner and the Representatives, and that all matters in difference between them should be buried in intire oblivion, which all parties agreeing unto, a reconciliation was accordingly made by unanimous consent, and ordered to remain upon record in the Council Book. Notwithstanding which, one Mr. Cole of Nevis, who out of his malice to petitioner had been the first promoter of the said complaint, in further prosecution thereof did about Nov. last present a petition to Governor Codrington, setting forth several articles of impeachment against Petitioner for sundry crimes and misdemeanours alleged to be by him committed in the execution of his Commission as Lieut.-Governor, all or the greatest part whereof were the same as had been heard and a reconciliation made as aforesaid, save only that in the last Article presented by Mr. Cole petitioner is charged with the breach of the Acts of Trade. Thereupon General Codrington came down to St. Christopher's, and witnesses were examined before him and Council as to the small matters of misdemeanours alleged against him, but nothing was proved of any breach by him of any of the Acts of Trade (whereof he humbly insisted that he never was in the least wittingly guilty). The charge being fully heard, Petitioner prayed that he might have a fortnight's time to consider of and answer the same and to produce his witnesses, but Gov. Codrington would allow him but 3 days, at which time Gov. Codrington and the Council meeting again, tho' Petitioner was not fully prepared, yet he alleged several things in his defence, which he humbly insisteth did very much excuse, if not perfectly justify him. Nevertheless Gov. Codrington suspended him from the execution of his Commission and confined him till he gave security in 1,500l. to answer an information to be exhibited against him for the same. By reason of the large security demanded, Petitioner is not able in his circumstances to procure any person to become bound, and hath therefore been forced to continue under confinement for near these 12 months, which hath been almost to the undoing of petitioner, his wife and children, and if not speedily released by your Majesty's Grace, will be to their utter ruin. Prays that he may have liberty to come to England and answer the charge before this Board upon giving security in a reasonable sum. Signed, Edward Southwell. Endorsed, Recd. Read Dec. 23, 1701. 3 pp. [C.O. 152, 4. Nos. 64, 64.i.; and 153, 7. pp. 296–301.]
Dec. 18.
Council
Chamber,
Whitehall.
1089. Order of Council. Referring enclosed Appeal to the Council of Trade and Plantations to examine and report upon. Signed, Edward Southwell. Endorsed, Recd. Read Dec. 23, 1701 ¾ p. Enclosed,
1089. i. Copy of Petition of William Shipman and Mary, his wife, and Thomas Harvey, a minor, by William Shipman his guardian, to the King in Council. Petitioners through the latter's ancestors, under whom they claim for upwards of 45 years, have been peaceably possessed of two Plantations in Nevis called Harvey's Plantations, to which petitioners are jointly entitled duryng the life of Mary, and after her death the other moiety descends to Thomas Harvey. Notwithstanding which, one Thomas Herbert pretending some title to these Plantations, did in April last deliver a declaration in ejectment to Mead, petitioners' tenant in possession, which Petitioners have reason to believe he was encouraged to doe, for it is the general report in Nevis that Governor Codrington was treating with Herbert for the purchase of his pretended title, and was to have the Plantations in case Herbert recovered them. At the next Sessions of Nisi Prius, May 13, John Cole, Solicitor General for the Leeward Islands, on the first day made a motion on Petitioners' behalf to assign Harvey a guardian to defend with William Mead petitioners' title thereto. Col. Codrington, (who sat on the bench with the Judges, contrary to the practice of other Governors, an Appeal lying to him from the said Court) by his arguments in favor of Herbert so far prevailed with the Court that the motion was denied and judgment given against the Casual Ejector. The Solicitor General thereupon prayed an Appeal to the Chief Governor, which the Court shewed an inclination to grant, but Col. Codrington rose from the Bench and declared openly that, if the Judges granted any such appeal, he would not hear it, whereupon it was denyed, and your Petitioners were thereby deprived of the common privilege of your Majesty's other subjects residing in the Islands, and wholly left remedyless unless by an Appeal to your Majesty in Council. Upon the denial of petitioners' appeal, William Mead, by his Counsel, prayed an Appeal from the said judgement as tenant, which after some time was granted and recorded according to the methods of proceedings in the Court. Yet Herbert's Councill the very next day moved the Court that a writ of possession might be immediately granted on the said judgment, and informed the Court that the Governor had ordered him to demand it, and added that if they denied it, he would acquaint the Governor therewith, which threats so terrified the Court that, although the motion was irregular after an Appeal granted, which in course of Law supercedes the Execution, and also contrary to the practice of the Court, which always allows four days after judgment before execution can be sued out, yet the Judges being, as Petitioners believe, awed by those threats, immediately granted the same, and under colour thereof the Provost Marshal the same day turned Petitioners' tenant out of possession of the Plantations, on which he then had and now hath a crop of sugar-canes growing worth 3,000l. Pray that their Appeal may be heard and that the Governor and all concerned be ordered to transmit authentic copies of proceedings and papers etc. 3 pp. [C.O. 152, 4. Nos. 61, 61.i.; and 153, 7. pp. 307–312.]
Dec. 18.
Council
Chamber,
Whitehall.
1090. Order of Council. Referring the enclosed petition to the of Council Trade and Plantations to examine and report upon. Signed, Edward Southwell. Endorsed, Recd. Read Dec. 23, 1701. ½ p. Enclosed,
1090. i. Copy of Petition of William Mead to the King. Repeats case abstracted in preceding, and adds;—In order that Petitioner's Appeal might be heard before the Governor and Council, and to the intent that he might appeal to Your Majesty in Council, he in a most humble manner petitioned the Governor in what Island of his Government, and when, Petitioner might attend him with his Appeal. He could obtain no answer but that he took the said Petition to be a Libel, with several other improper expressions, with his own hand endorsed on the same, so that it was May 26 before Petitioner could have leave to exhibit his Appeal, and though he hath since used all possible means to have it heard, yet it hath been without effect. From letters received of Aug. 1 he is advised that it was not then heard, neither knew they when it would, altho' all possible endeavours were used by petitioner's Agents. These delays are only used to the intent that Herbert or some under his pretended title may reap the benefit of petitioner's crop on the ground, before petitioner can regularly reverse the judgment by an Appeal to your Majesty, which will be to Petitioner's excessive loss, if not his utter ruin. Prays that H.M. in this extraordinary case would be pleased to order that Petitioner may be restored to his possessions and have liberty to take off and reap the benefit of his crop, he being ready to give security etc. 3¼ pp. [C.O. 152, 4. Nos. 62, 62.i.; and 153, 7. pp. 301–307.]
Dec. 18.
Council
Chamber,
Whitehall.
1091.Order of Council. Referring enclosed petition to the Council of Trade and Plantations, for their examination and report. Signed, Edward Southwell. Endorsed, Recd. Read Dec. 22, 1701.½ p. Enclosed,
1091. i. Copy of Petition of William Freeman to the King in Council. Your Majesty by Letters Patents, Aug. 8, 1699, by the advice of the President and Council of Nevis, granted and confirmed unto petitioner and his heirs all that Plantation called the Manor of Godwyn in St. Christopher's Petitioner stocked and planted the same to the value of several thousand pounds, and continued quietly possest thereof, until Col. Codrington arrived, May 22 last, when Samuel Crook and Stephen Payne (who pretended to be two Justices of the Peace of the Island, but in truth were not so, and one Robert Cunningham, Col. Codrington's Agent, under pretence of his being Attorney to Lewis de Paqueray, a French-man then deceased, who Cunningham pretended was Attorney to Madam de Chambré, a Lady in France, came to Petitioner's Plantation armed with swords and pistols, and then and there arbitrarily and forcibly and without any trial of the title, or due process of law (but upon a pretended conviction by the view of the said pretended Justices, that your Petitioner's Agents forcibly detained the same against Cuningham, grounded upon a most false suggestion that Cunningham was in quiet and peaceable possession thereof) entered and took possession of the said Plantation and turned out John Pogson and Leonard Woodward, petitioner's Managers and Agents. The said pretended Justices by their warrant committed Pogson and Woodward to prison, and by these methods and those false suggestions violently took possession of the said Plantation and of petitioner's stock of canes growing thereon, which are of very great value. Thereupon Pogson, as Attorney and Agent of Petitioner, immediately petitioned Col. Codrington to take cognisance thereof and restore him to his possession, until a better title should appear, or he should be evicted by due course of law, but could obtain no answer. But Col. Codrington immediately took possession of the Plantation for his own use, and now holds and enjoys the same, and openly declares that he will do so, or he and petitioner shall fall and lose their lives. Prays that he may have liberty to take off his crop now growing and be restored to his possession until he is evicted by due course of law, being willing to give security, etc. Signed, William Freeman. 2¾ pp. [C.O. 152, 4. Nos. 63, 63.i.; and 153, 7. pp. 290–294.]
Dec. 18.
Whitehall.
1092. Council of Trade and Plantations to Governor Lord Cornbury. Upon occasion of our enquiry about the cloathing provided by Mr. Fauconier (as he says) for the soldiers at New York, he brought with him to the Board Mr. Daniel Honan, as Secretary to your Lordship, which has surpriz'd us. For as he lies under an imputation of having been one of Col. Fletcher's Instruments whilst he was Governor of New York, in receiving bribes from pirates, granting them protections and committing other misdemeanours, so we cannot doubt but your Lordship has more particularly observed by the books and papers that we communicated to you, how full the proofs which lie before us are; that he being private Secretary to Col. Fletcher was security with other persons for two of the said pirates upon their setting out to sea; that those bonds being committed by Col. Fletcher to his custody, he afterwards blotted out his own name in the body of the bonds, and tore off his sign and seal at the bottom, leaving the names and seals of the other bondsmen untouched; that being examined upon oath by the Earl of Bellomont whether he knew of any money given to or received by Col. Fletcher for such Protections he swore he knew of none, though it was afterwards positively proved to the Earl of Bellomont upon oath that he was present when Col. Fletcher received a Bill of 50l. for a Protection granted to one Rayner, a pirate, which was made payable to Honan himself for Col. Fletcher's use, and was accordingly paid. These being crimes of so high a nature, we have thought fit to acquaint your Lordship in this manner with our sense thereof, and further do recommend to you that in case Honan do come to New York, he be not protected by your Lordship from any prosecution for these or other matters. Signed, Stamford, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Abr. Hill, Mat. Prior. [C.O. 5, 1119. pp. 36–38.]
Dec. 18.1093. Solicitor General to the Council of Trade and Plantations. I have considered the Act of Antegoa, to enable Henry Pearne to alien the Plantation called Blubber Valley, and have heard Council on behalf of the heirs of John Lingham, who oppose the confirmation of it, and insist that Catherine, the wife of John Lingham, was, before her marriage to him, seized in fee of the said Plantation, and that after her marriage, being minded to settle it on her husband, did with him by deed of feoffment etc. recorded in the Register's Office of the Island. Aug. 10, 1681, convey it to Rowland William and his heirs who, by a subsequent deed conveyed it to John Lingham and his heirs, which they affirm was the only method at that time in that Island for a femme covert to convey her estate, and that the registering of the deed as aforesaid was equal in that Island to a fine in England; and that John Lingham died intestate about 15 years since, whereby they insist that the Plantation ought to descend upon his sisters and co-heirs. I have likewise heard Councell on behalf of the Act, who insist that the deeds or the registry thereof did not at all convey the estate of the said Catherine, and that the validity of these deeds hath been already tried in that Island, for that after the death of John Lingham, the tenant in possession refusing to pay his rent to Catherine, on pretence she had conveyed away her right by the said deeds, she delivered declarations in ejectment on the said premises and recovered judgment and possession thereupon, and that she and her heirs have continued the possession ever since. Henrietta Warner in the Act named was heir-at-law to Catherine and was well entitled to make the settlement mentioned. They likewise insist that the Act doth not bar the heirs of John Lingham in case they have any right to the premisses. Upon the whole, I am of opinion that the said Act is reasonable, and, if confirmed, it will not prejudice the title of those claiming under Lingham, there being a clause in the Act to save the right of all persons not parties to the settlement made by Mrs. Warner, and this Act only breaks that settlement, and the design of the Act being to improve the Plantation, those claiming under Lingham will reap the benefit of the same, whenever they shall recover it, if they have any title thereunto. Signed, Jo. Hawles. Endorsed, Recd. Jan. 16, Read July 16, 1702. 2½ pp. [C.O. 152, 4. No. 68; and 153, 7. pp. 494–497.]
Dec. 18.
Council
Chamber,
Whitehall.
1094. Order of Privy Council, that the Council of Trade and Plantations send to the Governors of Plantations for an account whether the Courts of Admiralty there are held by vertue of the power given to the said Governors by the Commission they receive from the Lords Commissioners of the Admiralty, or by vertue of a clause under the Great Seal impowering them to erect the said Courts. Signed, Edward Southwell. Endorsed, Recd. Dec. 18, 1701. Read January 12, 170½. 1 p. [Board of Trade. Plantations General, 5. No. 108; and 36. pp. 34, 35.]
Dec. 18.
Whitehall.
1095. Council of Trade and Plantations to Governor Lord Cornbury. We have read your Letter to our Secretary dated the 16th instant, by which we expected an answer to the two particulars first refer'd to your Lordship, vizt. What part of the cloathing was on board the Jersey, and what part on board any other ship; Which not having received, Mr. Champante will in pursuance of the order of the Treasury provide the whole cloathing, and dispatch it by land to Portsmouth to be put on board the Jersey. However your Lordship's departure to your Government being so absolutely necessary, we pray your Lordship would make all expedition to be gone thither, without staying for the said cloathing, because care will be taken (in case your Lordship be sailed) that it may be sent by the first succeeding opportunity. We further recommend to your Lordship that immediately upon your arrival at New Yorke, you do, with the assistance of the Council, examine into the state of the four Companies, as to their numbers, fitness for service, and state of their cloathing and of their arrears, and give us an account by the first conveyance. Signed, Stamford, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior.
P.S.—We have inclosed the Minutes of all that is material of what has been done at this Board for your Lordps. full information. [C.O. 5, 1119. pp. 40, 41.]
Dec. 20.
On board the
Jersey at
Spithead.
1096. Governor Lord Cornbury to Mr. Popple. Yesterday I received your letter of the 17th. I contracted with Mr. Stamp and Mr. Fauconier in July last, I think about the beginning. About the middle of September the goods were delivered to me, and I ordered them to be carried to a friend of mine in London, on whose care and fidelity I could depend, and whom I trusted with a great part of my own things, as well those that are now on board the Jersey as those that are to come in the Transport ships, so that I cannot give a positive answer whither those goods or any part of them were shipped on board the Jersey, or not, for I have not opened any of the goods that are on board, and because many of my own goods were shipped off by the same person from other places then my own lodgings for some private reasons which relate to myself only, but which their Lordships shall be informed of, if they please to command it. I cannot tell if they were entered at the Customhouse because I depended on my friend's care who I knew would do what was fit. The clothiers delivered them to me packed up. If I had thought these questions could ever have been asked, I would have kept such notes by me as would have enabled me to answer every particular to satisfaction, and as I doe in all things which I think of moment; indeed I did not think this of that nature or weight, because I was Colonel of a Regiment of Dragoons some years, in which I clothed that Regiment two or three times, and in all that time I was never asked any questions of this nature. Nor doe I find that the Earl of Bellomont was asked any such questions in 1697. I have written to my friend for a particular answer to the several quæries. I know very well that I must be answerable for those goods, not only to the souldiers, but to those I had them of, if they are not suffered to goe on with the rest of the cloathing, which I submit to their Lordships' pleasure. Signed, Cornbury. Endorsed, Recd. 23rd, Read Dec. 31, 1701. Addressed. 2 pp. [C.O. 5, 1047. No. 17; and 5, 1119. pp. 49–51.]
[Dec. 20.]1097. Mr. Heathcote's proposal for having a Militia in New York. If his proposal for providing the Royal Navy with masts and Naval stores shall be accepted of, then the hands to be employ'd in that work (to make them more serviceable to the Crown and save the expence of regular troops) may at spare times be constantly exercised in feats of arms, wh. in respect of Guards to the Country will be much more easy and be kept fuller, having always 200 to mount the Guard, whilst the rest are employ'd in providing the Stores. Endorsed, Recd. Read Dec. 20, 1701. Communicated to the Board from the Bishop of London. ½ p. [C.O. 5, 1047. No. 16.]
Dec. 20.
Whitehall.
1098. Journal of Council of Trade and Plantations. Letter from Lord Cornbury, Dec. 16, read. Answer, with extracts of Minutes of the 17th, returned.
Mr. Blathwayt communicated a paper from the Lord Bishop of London, relating to a proposal made by Mr. Heathcote for setling a Militia at New York to be employed in providing Naval Stores, which was read.
Letter from Lt. Gov. Bennet, Aug. 28, read, and enclosed papers laid before the Board. Their Lordships resolved to take the enclosed Act of Bermuda, to prevent oppression and extortion of officers, into consideration the first convenient opportunity, and meanwhile gave some directions towards preparing an answer to the Governor. [Board of Trade. Journal, 14. pp. 245–247.]