America and West Indies: December 1701, 21-23

Calendar of State Papers Colonial, America and West Indies: Volume 19, 1701. Originally published by His Majesty's Stationery Office, London, 1910.

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'America and West Indies: December 1701, 21-23', in Calendar of State Papers Colonial, America and West Indies: Volume 19, 1701, (London, 1910) pp. 691-696. British History Online https://www.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol19/pp691-696 [accessed 25 April 2024]

December 1701

Dec. 21.
Hampton
Court.
1099. Order of King in Council. Repealing, for the reasons set forth by the Council of Trade and Plantations (Nov. 20), Acts of Nevis, for confirming titles of land, and for the Militia to meet and exercise every month. Signed, Edward Southwell. Endorsed, Recd. 7th, Read Jan. 12, 170½. 1¼ pp. [C.O. 152, 4. No. 66; and 153, 7. pp. 336–338.]
Dec. 21.
Hampton
Court.
1100. Order of King in Council. Confirming the Acts of Nevis recommended by the Council of Trade and Plantations (Nov. 20). Enumerated. Signed, John Povey. Endorsed, Recd. 7th, Read Jan. 12, 170½. 1½ pp. [C.O. 152, 4. No. 67; and 153, 7. pp. 334–336.]
Dec. 21.
On board the
Jersey at
Spithead.
1101. Governor Lord Cornbury to the Council of Trade and Plantations. Yesterday I had the honour of your Lordships' letter of the 18th. Mr. Daniell Honan was intirely a stranger to me till July last, then indeed he was recommended to me to be my Secretary by persons of very great honour and worth. I took him upon their recommendation, and have since employed him in businesse at the Treasury, Admiralty, Navy, Ordnance, Customs, and at my Lord Chamberlain's office, and never heard anything alledged against him; I farther take the liberty to inform your Lordships that among the many books and papers you gave me leave to look into, relating to the Government of New York, I did not see those in which the proofs again[st] Honan are contained; this I look upon as a misfortune to me, for had I seen them, he should not have remained one hour in my service. I return my humble and hearty thanks to your Lordships for the favour you have done me in giving me light into this matter, else I might very innocently have carried along with me a man soe obnoxious as I find this Honan is, and which I am sure I shall not doe now, for this very post I have sent orders to dismiss him from my service. Your Lordships may be sure that I shall not protect Honan, nor any other person whatsoever, from any just prosecution for any crime, and I intreat your Lordships to do me the justice to believe that noe private interest of my own can prevail with me to connive at or incourage any crime whatsoever; but that I goe possest with a resolution to use my utmost endeavours to discover all things of that nature, that the persons who are guilty of them may receive the rewards due to them. Signed, Cornbury. Endorsed, Recd. 26th, Read Dec. 31, 1701. 2 pp. [C.O. 5, 1047. No. 18; and 5, 1119. pp. 52–54.]
Dec. 22. 1102. Governor Lord Cornbury to the Council of Trade and Plantations. I had the honour of your Lordships' letter of the 20th yesterday. As soon as I had received your letter I acquainted the Captain that we must sail as soon as the wind will permit, whereupon he immediately loosed his foretopsail as a signall for sailing and to call those few men on board, who were on shore, and your Lordshipps may depend that the first breath of wind that offers we will make use of it to make the best of our way; and as soon as I doe arrive at New York, I will take care to transmitt your Lordships an exact account of those things your Lordships desire. Signed, Cornbury. Endorsed, Recd. 16th, Read Dec. 31, 1701. 2 pp. [C.O. 5, 1407. No. 19; and 5, 1119. pp. 55, 56.]
Dec. 22.
Williams-
burgh.
1103. Mr. Larkin to the Council of Trade and Plantations. I have now wayted near upon a fortnight for the Governour of this Colony, who is gone into Maryland, and no one can tell when he will return, neither hath he left any person to command in his absence. As to the making any observations worthy of your notice, it's a matter that requires both time and expences, for I meet with very few that can give any tolerable account of the affairs of the Plantations, altho' they have lived there many years, and indeed whoever is employed upon such an occasion should be empowered with an order to peruse the records of every particular Government, and liberty to inspect the Council and every public officer's books, which would give him a very great insight into matters. It's what I have endeavoured in every place I have yet been to make any stay, but never could obtain that favour, for the people of the Plantations seeme to be a little jealous of those liberties and privileges they now enjoy.
Governors of the Plantations have been very arbitrary; some they have imprisoned and others they have forced to leave the Government for opposing their interest, and have ruined several upon very light pretences, for want of some easy way to represent their aggrievances to England. If therefore a good regular settled constitution of Government should be thought fit to be established, and a declaration of what Laws the Plantations shall be governed by, for at present they are very much in the dark, with a due and impartial administration of Justice according to those Laws, it would contribute to make the people more easy then they now seem to be. I have in the course of my travels stept into some of their Courts of Judicature, where matters are very strangely managed, and the practitioners that do understand anything of the Laws do impose very much upon the Justices, who for the generality are very little skilled in matters of that nature, and makes a great many choose to sit down loosers rather then go to Law. An ingenious gentleman learned in the Laws for a Chief Justice, another [? for] an Attorney General, as at New York, would doubtless be of service [? in] Virginia and Maryland, tho' perhaps some would not be very well pleased with it, for the people of this part of the world are very opiniative, but so far from being polititians that they would not parte with five shillings one yeare to save five pounds the next. Here is no Chancery nor Eccles[ias]ticall Government, which is the reason of some of the Gentlemen sent over by my Lord of London being used very scurvily by the Vestry men, who pretend to be Patrons, frequently displacing them without committing any fault, which is a very great discouragement to the Clergy, but indeed there is no encouragement for any person to come and setle in the Plantations, all or greatest part of the lands that lye anything convenient being taken up, some persons having tracts of land of 20, 30, or 40,000 acres, and great part of it unimployed. It's true, I believe, the King hath his quit-rents for it, but the Custom of a hogshead of Tobacco being as much as the quit-rents of 10,000 acres, it may be considered whether for every thousand acres patented, the persons that hold it ought not to be obliged to keep a certain number of hands, for people are very much wanting, but then servants should have a little more kind usage from their masters, for a man had really better be hanged then come a servant into the Plantations, most of his food being homene and water, which is good for negroes, but very disagreeable to English constitutions. I have been told by some of them that they have not tasted flesh mate once in three months. When their time is expired, according to custom they are to have a certain allowance of corn and clothes, which in Maryland I think is to the value of 6l., but in Virginia not so much, to save which a Planter about three months before the expiration of a servant's time will use him barbarously, and to gain a month's freedom the poor servant gladly quits his pretentions to that allowance, which drives a great many of them into the Proprietary Governments, where their labour is of little benefit to the Crown. Signed, Geo. Larkin. Endorsed, Recd. June 8, Read July 22, 1702. 2 pp. Annexed,
1103. i. Abstract of preceding. 1 p. [C.O. 5, 1312. Nos. 22, 22.i.; and 5, 1360. pp. 203–207.]
Dec. 22.
Whitehall.
1104. Council of Trade and Plantations to Lt. Governor Partridge. We have received yours of Aug. 15, Sept. 8 and Oct. 13. In relation to the Acts enclosed with the second, we must acquaint you, as we have formerly done the Earl of Bellomont, that the Laws of New Hampshire in general doe appear to us to be in so great disorder that we are not able to lay any opinion upon the whole before H.M. for his approbation or disallowance. And we therefore require you with all convenient speed to send us a compleat collection of all the Laws in force there, that we may report thereupon. What you write in your last letter in relation to Mr. Usher will be taken into due consideration as there shall be occasion. Signed, Stamford, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Abr. Hill, Mat. Prior. [C.O. 5, 910. pp. 153, 154.]
[Dec. 22.] 1105. Mr. Champante to the Council of Trade and Plantations. Some reasons against sending the cloathing to be now provided for the soldiers at New York, unmade. Endorsed, Recd. Read Dec. 22, 1701. 1 p. [C.O. 5, 1047. No. 20; and 5, 1119. pp. 41, 42.]
Dec. 22.
Treasury
Chambers.
1106. Wm. Lowndes to Mr. Popple. My Lords of the Treasury have no objection but that the person who furnishes the cloaths to the Four Companies in New York may receive from the Earl of Ranelagh the offreckonings of those Companies (reserving sufficient to discharge the cloathing already furnished), till the said new cloathing be fully paid for. Signed, Wm. Lowndes. Endorsed, Recd. Read Dec. 23, 1701. Addressed. 1 p. [C.O. 5, 1047. No. 21; and 5, 1119. p. 43.]
Dec. 22.
Whitehall.
1107. Council of Trade and Plantations to the King. In obedience to your Majesties commands upon the respective Petitions of Mr. Edmund Jennings, Mr. William Spencer and Mr. William Bird, for the place of Secretary of Virginia, vacant by the death of Mr. Ralph Wormley; we humbly represent, that Mr. Edmund Jennings has for several years past, (during Mr. Wormley's infirmity) taken care of and executed the duty of Secretary as Deputy to Mr. Wormley, no objections having come to our knowledge, either against his capacity or honesty. That the Father of Mr. William Spencer did for many years enjoy that employment, which the son now petitions for, and continued in it till his death, and that the petitioner's education had been such as may very aptly qualify him to execute the office. That Mr. William Bird is a native of Virginia, son of one of the most eminent of your Majestie's subjects in these parts; that he is a person of a general good character, of unblamable conduct and known loyalty to your Majesty and your Government, and having had the advantage of a liberal education and knowledge in the Laws of England, he may be very fit to serve your Majesty in the station which at present he desires; we humbly add, that in case your Majesty be pleased to nominate Mr. Bird, or either of the other two persons as Secretary, he may be obliged to actual residence at your Majesty's town of Williambourg, it being for the good of the Colony and your Majestie's service. Signed, Stamford, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Abr. Hill, Mat. Prior. [C.O. 5, 1360. pp. 98–100.]
Dec. 22. 1108. Journal of Council of Trade and Plantations. Representation as to the Secretary of Virginia signed.
Letter to Lt.-Gov. Partridge signed.
Letter from the Board of Ordnance, Nov. 22, read.
Order of Council, Dec. 18, with Mr. Freeman's petition read. He being directed to prepare what proof he could make of the matter of fact by affidavit before a Master in Chancery, said he would endeavour it, but desired withal that a day might be appointed him to be heard, and that Mr. Cary and Mr. Hutchinson (Agent for Col. Codrington) might be directed to attend at the same time, in order to offer what they may have to say in Col. Codrington's behalf. To-morrow sennight appointed accordingly.
Mr. Champante presented a Memorial about the soldiers' clothing, which being read, and their Lordships being apprehensive lest his proposals might occasion too long a delay, he was directed to consider and enquire further what possibility there may be of dispatching clothing so that it may be sent by the Jersey, and to return an answer to-morrow morning.
Dec. 23. Mr. Champante's reply read, and their Lordships forwarded it with their recommendation to the Treasury.
Letter from Mr. Lowndes was afterwards received, read and communicated to Mr. Champante. Ordered that a copy thereof and of their Lordships' letter be delivered to him. He was desired to lay before the Board copies of some affidavits which he had mentioned as having received from New York relating to the clothing sent thither from Jersey and Guernzey.
Order of Council, Dec. 18, with Mr. Mead's petition, read.
Order of Council, Dec. 18, with Mr. Shipman's petition and appeal, read.
Mr. Mead, who brought both the aforesaid orders, was ordered to attend on the 31st with such affidavits as he may be able to produce in proof of the matters of fact set forth in both the petitions. Mr. Cary ordered to attend at the same time on Col. Codrington's behalf.
Order of Council, Dec. 18, with Capt. Norton's petition, brought to the Board by Mr. Cobb, the Solicitor, read.
Directions given for preparing a Representation wherewith to lay before H.M. the draught of a Commission and Instructions for the Governor for the Jerseys. [Board of Trade. Journal, 14. pp. 247–253.]
Dec. 23. 1109. J. Champante to the Council of Trade and Plantations. Enclosing details of charges for a double cloathing to be provided for the soldiers at New York within a fortnight. Total cost, 1,858l. 6s., "which falls short of the sum total contracted for by Mr. Fauconier 266l. 2s. 8d., to which if he added the charge of dying and making up, packing and freight, instead of cloathing unmade, undyed and delivered here, according to his Lordship's contract, the whole charges will fall very considerably short." Signed, J. Champante. Endorsed, Recd. Read Dec. 23, 1701. 1¾ pp. Annexed,
1109. i. Details of above charges. 1 p. [C.O. 5, 1047. Nos. 22, 22.i.; and 5, 1119. pp. 44–47.]
Dec. 23. 1110. Council of Trade and Plantations to the Lords Commissioners of the Treasury. Inclosed is a Memorial from Mr. Champante proposing the prices of the cloathing that he will undertake to send for the Soldiers at New Yorke, and the time and manner in which that may be done. Which being the only proposal that lies before us for that service, and the necessity of the Soldiers pressing very much for dispatch, we recommend it accordingly to yr. Lordships' consideration. Signed, Stamford, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Abr. Hill. [C.O. 5, 1119. p. 48.]
Dec. 23.
Whitehall.
1111. William Popple to Richard Cary. The Lords Commissioners for Trade and Plantations have ordered me to send you the inclosed copy of Major Freeman's Petition to H.M., complaining of proceedings in St. Christopher's, relating to a Plantation in that Island called the Mannor of Godwyn; Which petition is by Order of Council of the 18th instant referred to their consideration. And their Lordships having thereupon appointed Major Freeman to lay before them what proofs he may have to make good the matters of fact set forth in the said Petition, on Tuesday the 30th instant, in the morning about ten o'clock, they have further directed me to give you this notice thereof, and to desire you to communicate the inclosed to Mr. Hutchinson, and both of you to attend them at the same time, in order to offer what either of you may have to say in Colonel Codrington's behalf. [C.O. 153, 7. p. 295.]
Dec. 23. 1112. Journal of Assembly of Barbados. The House being met waited on the President and Council to know the occasion of their call. The Speaker reported that the President and Council had desired that some effectual care may be taken to prevent the danger that seems to be intended by a design and plot of negroes; also that due care may be taken to appoint good watches for guarding the respective towns, and for providing for levying them by a sufficient authority; also that the Act for the prevention of trading with negroes be taken into consideration for the renewing or reviving the said Act; also that some care may be taken to place the powder now in the magazine in some more safe places of the country; also that the relief of the poor in the several parishes be considered; also that a small vessel be fitted out as a cruiser.
Resolved, that the Act for preventing the trading with negroes be revived for three months. Bill ordered to be prepared accordingly.
The Agent's letter read, with a paper relating to the King's Instructions from Thomas Hodges, which was ordered to be laid by for further consideration.
Act to revive an Act to prohibit the inhabitants from employing their negroes and other slaves in buying and selling, read and passed.
Bill, for the effectual appointing good and sufficient watches for guarding the respective towns, ordered to be brought in.
Resolved that the President and Council be desired to order the Churchwardens of the Parishes to lay a list of the poor before this House at ye next sitting, both of their numbers and their wants, and that the Churchwardens in the meantime may provide for them. [C.O. 31, 6. pp. 443, 444.]