America and West Indies
October 1706, 1-5

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Institute of Historical Research

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Cecil Headlam (editor)

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1916

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230-257

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'America and West Indies: October 1706, 1-5', Calendar of State Papers Colonial, America and West Indies, Volume 23: 1706-1708 (1916), pp. 230-257. URL: http://www.british-history.ac.uk/report.aspx?compid=73727 Date accessed: 21 April 2014. Add to my bookshelf


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October 1706, 1-5

Oct. 1.
Whitehall.
506. Council of Trade and Plantations to the Queen. Enclose following:—
506. i. H.M. Commission to Mitford Crowe for the Government of Barbados, etc. Cf. C.S.P. 1702. Nos. 591.i., 472, and 1699. No. 382. Add: With the advice and consent of the Councills respectively, from time to time as need shall require, to summon General Assemblys within every of the respective Islands under his Government, the elected members to take the oaths appointed instead of the oaths of Allegiance and Supremacy, etc., or else to be incapable of sitting, though elected. Laws to be not repugnant but as near as may be agreable to the Laws of England. He is given power to administer the oaths appointed instead of the oaths of Allegiance and Supremacy to every person as he shall think fit, who shall at any time pass into any of the said Islands, or shall be resident or abiding there; to build forts, castles, towns, etc.; to dispose of lands by and with the advice and consent of the Council under moderate quit-rents etc.; to appoint Deputy Governors in the respective islands, Barbados excepted, who are to act according to his directions. Upon his death, if there be no C. in C., the Council to take the administration of the Government and the first Councillor to preside. The power of Vice-Admiralty is not granted in this Commission. (See Oct. 30.) Countersigned, Wright. Oct. 30, 1706, Westminster. [C.O. 29, 10. pp. 97–123; and 319, 1. pp. 1–9.]
Oct. 1.507. Answer of Alexander Skene to charges (cf. C.S.P. Aug. 13, 1705). No complaints were made against him in Barbados. He took the usual fees, 5s. licence for a ship to sail, 12s. 6d. for a petition. He made no exactions. Refers to his acquittal at trial to prove that he was not accessory to Capt. St. Loe's carrying off F. Lee, etc. etc. Signed, A. Skene. Endorsed, Recd. from Mr. Tryon, Read Oct. 1, 1706. 3¾ large pp. [C.O. 28, 9. No. 54; and 29, 10. pp. 124–131.]
Oct. 1.508. Governor Parke's Commission to Michael Lambert to be Lieut. Governor of St. Christophers. (See Oct. 5.) Signed, Daniel Parke. Sealed. 1 p. [C.O. 152, 42. No. 7.]
Oct. 2.
Bristol.
509. N. Byfield to the Council of Trade and Plantations. States the case of the Charles' prize, and defends himself against the complaints of John Colman etc. (See July 19, 1705.) Signed, Nathl. Byfield. Endorsed, Recd. Nov. 25, 1706, Read Feb. 28. 1706/7. 2¾ pp. Enclosed,
509. i. Copy of petition of Nicholas Paige etc. to Gov. Dudley. June 23, 1705. (No. 1274.xv.) 1½ pp.
509. ii. Copy of Order of Assembly of Rhode Island, June 19, 1705. (No. 1275.) 1 p.
509. iii. Governor Dudley to Mr. Byfield. June 25, 1705. Copy. 1 p.
509. iv. Mr. Byfield to Sir C. Hedges. July 19, 1705. Copy. 4 pp.
509. v. John Colman to Governor Dudley. Rhode Island, June 17, 1705. (No. 1274.xvi.) Copy. 1½ pp.
509. vi. Governor Cranston to Mr. Byfield. June 16, 1705. 1 p. [C.O. 5, 1263. Nos. 139, 139.i.-vi.; and (without enclosures) 5, 1291. pp. 451–456.]
Oct. 2.
Boston, N.E.
510. Mr. Campbell to Wm. Popple. Governor Dudley acquainted me that I had offended the Council of Trade and Plantations in representing in the Boston News-Letter of Oct. 29 that the Quakers were endeavouring by their false Addresses at home to misrepresent the Government of this Province for making and executing several severe Laws against their friends only for their conscientious dissent from the National way, and not for any evill fact done by them. I have nothing in that matter to offer in my justification, but that I had seen a letter from the Quakers in London to some Ministers in London, which was covered by the Ministers of London to Mr. Mather and the Ministers of this place (copy enclosed). Prays for a favourable interpretation etc. I shall carefully forbear reflecting upon those people, who I observe are very well and easily treated by the Government here, and for ought I know are peaceable in their places, etc. Signed, Jno. Campbell. Endorsed, Recd. Nov. 26, 1706, Read Feb. 28, 1706/7. Addressed. Sealed. 1 p. Enclosed,
510. i. Ministers in London to the Rev. Increase Mather. There was lately an application made to us by some noted persons among the people called Quakers in London complaining of severall severe Laws made in New England against their ffriends only for their conscientious dissent from ye national way there, and not for any crime or evil fact done by them, and requesting that, provided we are for liberty of conscience to those who dissent from us, we would manifest our sincerity therein by representing to you our dislike of such laws, as you may more fully understand by following enclosure. Refer to Act concerning Hereticks (see C.S.P. 1705). Quote Cotton Mather's History of New England, etc. Permit us to propose it to your serious consideration whether the punishing persons professing Christianity meerly for their conscientious dissent from the establish'd Religion be not manifestly repugnant to the just rights of mankind and the true principles of the Christian Religion. We are sensible how prejudicial it may prove to our common interest for those of our perswasion to countenance any penal laws for matters of meer conscience. It's evident such a conduct always administers too much ground for the reproach commonly made us, that where we have the power in our hands, we deny that liberty to others, which we ever plead for in our own case, and by vertue of an Act of Parliament enjoy. In case such penal laws are still in force, we make it our humble and earnest request to you and the rest of our Revd. Brethren and Elders of Church that you would joyntly use your pious endeavours to remove all occasions of this complaint etc. Signed, Richard Taylor, John Nesbett, Tho. Rowe, Benja. Rowe, Matth. Clarke, John Singleton, Robert Bragge, Tho. Simmons, Isaac Watts, Tho. Collins. A true copy, signed, Increase Mather, Boston, N.E. Sept. 9, 1706. 2 pp.
510. ii. Quakers in London to the Ministers and Elders of the Independant Congregations. There being severall severe Laws made by your Brethren in New England, both in the Massachusets Bay Province and also in the Colony of Connecticutt against our ffriends the people call'd Quakers etc. as in preceding. Request their communication to their brethren as in preceding, and their concurrent application with us to the Queen to disallow all such laws, etc. Signed, Wm. Crouch, Wm. Mackett, Theodore Eccleston, John Whiting, John Field, George Whitehead. London, Sept. 9, 1703. True copy, signed, Increase Mather. 1 p.
510. iii, iv. Copies of the Boston News-Letter Sept. 23—Oct. 7, 1706. Numbers 128, 129. Boston. Printed by B[artholomew] Green. Sold at the Post-Office. 8 pp. [C.O. 5, 864. Nos. 156–159.]
Oct. 2.
Boston.
511. Governor Dudley to the Council of Trade and Plantations. My last letters were of July 22 and Sept. 7 last past, since my letters by Capt. Huntington and Col. Povey, since which I have two letters from your lordships, both of Feb. 4; the one referring to Mr. Bridger etc. He is very welcome to me having long known him a person of skill and industry, and I shall use all possible methods in my power to put forward the people in making their returns by those species of naval stores which H.M. so justly expects to be provided of from her own people, besides the great benefit it will be to themselves who have no other species to make return by for one quarter part of what they import from the Kingdom of England. In the affair of Connecticut and Road Island, and their refusall of assistance to the Massachusets, I have never said anything in that matter but what I thought my duty to let your Lordships, upon whom I am willing to depend, know, and the insupportable charge upon this Province as being the Bulwark of those Colonys, and if I have gone too farr in it I ask pardon, I shall trouble your Lordships no more with that complaint, but go on cheerfully with H.M. subjects of this Province, as I have done this last summer very successfully. The Indians were in May last fitted out 300 of them, and sent in 3 troops to fall upon the frontiers, from Deerfield to Wells about 200 miles in length in open villages, which forced me to march the one half of two countys near 1,500 men to lodge in all places not knowing where they would make their impression, and very fortunately met them everywhere, and they are most returned, and the rest going off with four or five scalps of women and children and that is all, and have left about 20 behind them at two small villages where they expected to devour all, and I have visited with a good force all their great fishing and planting places at the heads of the rivers, so as they cannot live nor plant between Cape Cod and Panobscot, and some other places where they were never interrupted in any former warr, and this I am humbly bold to acquaint your Lordships is so very apparently the favour of [Almighty God to the] Government here, that everybody publickly acknowledges it, and Boston and the seaports know little of these troubles, saving their payments for the support thereof. I humbly thank your Lordships that my service referring to the Pyrates was acceptable, they were the first ever prosecuted and convicted here, and it was an affair of difficulty to perswade people of the Justice of pursuing those men that brought in gold, but H.M. acceptance of that service will take off every bold challenge that has been offered at it. Mr. Usher is still labouring in the matter of his accounts, and would feign have a finall direction and answer, but the Assembly is slow and difficult to be brought to anything. I shall obey your Lordships and miss no opportunity of pressing it upon them to be just to him as I think his accounts are to them. Referring to the salarys of the Governour, for the time being, the Lieutenant Governour, Secretary and Judges, I have done all I could agreeable to H.M. Instructions at my first coming, and the repeated commands ever since, as well out of obedience as in hopes of my private benefit, but seeing how that affair labours, and how impossible it is at this juncture to obtain it of the Assembly, I shall not further trouble your Lordships therein, but rest myself contented with what they please, having a place of my own and something to support mee, without which could [not] live upon their present, which in this great Province makes not 350l. sterling per annum; and has not yet amounted to the payment of [my] four great Seals and my equipage I brought hither, if my service may be but acceptable to H.M. and to your Lordships, as I perceive every day it is to the universall satisfaction of the Countrey, who depend upon the defence they see every day provided for them. Capt. Redknap is about a month since gone to New York to attend my Lord Cornbury in obedience to your Lordships' direction tho I stand in great need of his service, and hope he will return as soon as he may, his last service here was to mount the 20 cannon of H.M. bounty, which are all disposed of into their proper places, but I have still the grants which your Lordships will see in the papers of 1,000l. to be laid out upon the Batterys of Boston, 400l. for a powder-house to be arched [that] it may not be burned by a bomb, and 300l. to raise a new work in Winter Harbour Eastward in the rome of Saco Fort, which is adjudged both by Coll. Romer formerly and Capt. Redknap now to be so ill placed and so ill built that it will not be tenible, but fitter to be removed down the River [a] league, where it will cover a great fishery and be quit of a hill that over looks [it] within pistol shot. The old work was built by Sir Wm. Phipps, when there [was] no Engineer in the Province, both unskillfully for scituation and workmanship, and I have convinced the Assembly thereof, and they are lately satisfied to pay the charge of the reform that I now humbly acquaint your Lordships with. If I shall further know your Lordships' commands, referring to [the reward of deserters ?] I believe it might have good effect. And as to the business of Quebeck and Nova Scotia, upon the news of the union of the Kingdoms, I most humbly propose to your Lordships, that a Scotch Colony there of 5,000 men would find their own Scotch climate and health, and a country farr surpassing all Scotland, for all sorts of provisions, flesh and fish, infinite timber and masts the first of the whole continent, and would with the assistance of these Provinces very easily remove the French and put an end to the troubles upon the whole shore of America, and they would be therefore very acceptable here. I humbly thank your Lordships' acceptance of the affair referring to the Speaker. While I have the honour to serve H.M. here, I shall never disturb the affairs with my own humour or pride, by the help of God, nor take any other methods but such as are most agreable to H.M. own wise and most excellent conduct, the good and great effects of which are so apparent at home, nor did I use any pique in the present instance of the Speaker, but the very great poverty of the Person, not being able as he lately offered to pay a tax of a few shillings, when his neighbours pay'd many more pounds, together with other inconveniencys attending that Person, which I need not mention, put mee upon it. I forthwith exprest your Lordships' orders, and H.M. repeal of the Law of Connecticut, entituled Hereticks, and had in answer from the Governour of Connecticut his letters of receipt thereof; I never yet saw that Law in print, and was absent in the Kingdom of England when it was made, never yet perused any more of it then what is contained in the Repeal, and yet I perceive by the Papers I am reflected on as if assisting or advising the making thereof, a very unjust and false scandal, which I am used to from that Gentleman. I am very sorry that the News-Paper should give your Lordships the least disturbance referring to the Quakers, here is no Law in being that reflects upon them or is greivous, saving the military Laws, which demand fines for want of service which was made before I came hither, but has been used as moderately as I can bring to pass. There are none of that perswasion here but will give testimony if need were of my friendship and kind reception of them at all times, and in this matter I have reprimanded the writer, and required him to tell his news without any reflection for the future, which I am sure he willn obey, and of this the Quakers here are knowing and well satisfied. I omit no Session of the Assembly to bring back and kee[p up] the coin to H.M. standard, and rigorously observe it in Courts and pub[lick] receipts, and have told them often what your Lordships observe, that they above [all] teh Plantations are most oblidged, it being their own Law of the Province before [the] Proclamation arrived, and shall always continue to dob my duty herein, and I hope to success. Referring to the broken Seals, I humbly acquainted your Lordships by Col. Povey, that the Seals in former reigns were publickly [broken] and given to the Secretarys to melt down, and so by advise when they were publickly broken in Council the two Secretarys had them, Mr. Add ngton melted his down, but [upon your] Lordships' direction I made hast to send and recovered that of New Hampshire before it was melted, and Col. Povey I doubt not has delivered it to your Lordships. In the affair of the Mohegan Indians I humbly thank your Lordships' acceptance of what I did therein, and pray leave to assure your Lordships that I never sought that Ckommission, though I allways thought it my duty to obey it and every other command I shall receive from H.M. at all times. That I never mentioned to your Lordships or any Officer any jone of those Commissioners named with myself in the Commission. That I proceeded in it with all honour to the English Government and Justice to every body. That the articles were everyone clearly proved and the judgement given unanimously. That I never had an acre of land in that Colony of Connecticut in my life, much less given mee as a reward for that service. That I never was an enimy to Chatrer Government, but to those men that upon pretence of such Government, will give no oedience to H.M. just and lawfull commands, all which are falsely insinuated against mee in the papers offer'd upon the tryall before H.M. Privy Councill, by Sir H. Ashurst. And here I most humbly ask leave of your Lordships to say that I never did that gentleman injury, that I am not his inferiour in birth nor education, nor services which I have been honoured with from the Crown of England, [yet] I have been allways inveterately persued by him these 20 years, and in[terru]pted in my coming hither till I was heard before his late Majesty in Council and there justified, and forthwith had my dispatches, and I would feign be at rest from him here, but he still follows mee, and now it is said here from those papers or perhaps his letters, that I have obtained an illegall Commission, and proceeded as illegally in reporting the matter, that some of us here fear least that Gentlemen [would] have us outraged by the people for our strict obedience to H.M., but [I most] intirely referr myself herein to your Lordships' favour and protection. I have written to Mr. Chamberlayn to take out the order for Richard Waldron to be one of H.M. Council of New Hampshire, and some [time] since acquainted your Lordships that Nathaniel Fryer was dead, and John [Ware] so old and infirm that he very seldom attended and prayed to be dismist, and [I con]tinue humbly to offer Col. Winthrop Hilton and Major Joseph Smith as the [fittest] men I know in the Province for that service. There is also Mr. Peter Coffin [I thi]nk at this time 80 years of age, but he still makes his attendance. Referring to Mr. Serjeant's refusall to be of the Council of the Massachusets refers to letters of June 15 (?), 1703, which give an account that at two Sessions of the Assembly, I had with all earnestness recommended the setling of salarys, and the rebuilding of Pemaquid, and particularly in the Session of October that year had in full session in a [large] speech recommended the duty of the Province to rebuild Pemaquid for their own honour, security and duty to H.M. commands.
Mr. Serjeant answered mee at the Board he did not believe a word of it, and accordingly laboured to obtain the Council's refusall of that vote. If Sir Henry Ashurst would have his kinsman sit at the Board to contradict H.M. commands and to reproach H.M. Governour as if speaking falseley in such important affairs at a Council Board, I hope he will be alone in that opinion, my education and the character H.M. has honoured mee with, will not allow mee to be patient of it; since which time I must acquaint your Lordships Mr. Serjeant has carried it with more respect to mee, and I believe I should not have refused him these two last years, but truly the Assembly has not seen meet to chuse him, nor have they ever restored Col. Byfield nor Col. Thomas nor any the other gentlemen they put out at that time. I have left my answer referring to Mr. Coleman's complaint to the last, that it might be in a fair view. In the papers, which I humbly thank your Lordships I have the copy of, the complaints are; (i) That he and others solicited a commission for Halsey in the Charles galley which cost them 2,500l. to equip, and could not obtain it, and so were forced to go to Mr. Cranston for it; (ii) that at their return they were forced to wait a month for judgement, and then pay 50l. to the Governour and 150l. to the Judge, in which time the men had spent all the cargo, which was 2,600l; (iii) that I summoned him to give evidence referring to Col. Cranston's refusall to let him have the Lord High Admirall's dues, that I then perswaded him not to be too favourable to Mr. Cranston, and that he was oblidged to speak the whole truth, and therefore I never asked him any more for that paper to send to your Lordships, which he therefore doth himself to shew as he saith the naked truth; (iv) that I refused him the pyrates' gold, saying, "and I think also that I have been very much slighted, that the treasure should be taken out of my hands, who had given security in England, and I kept in the dark." And lastly that one negroe was sold for 40l. and another for 20l. to the Attorney Generall, who is the Governour's son. To the first I humbly offer that H.M. and all Sovereign Princes allow to their Governours forreign, and expect of them that they use a just prudence and discretion what and how many forces, by sea or land, to equip according to their capacity, so as they may be safe at home as well as serviceable abroad, and tho' I have equipt more privateers in this warr than all the Queen's Governments on the Continent, yet I have taken care not to carry away too many men from the land service, which has been very pressing, not to rob all the mercheant men, of which yet I have had many complaints, nor to imploy unfit officers, of which the Governour is to be judge, as being to answer his prudence therein to H.M. This was the unfortunate vessell, and Mr. Coleman, Sir Charles Hobby and others the owners of her, out of which the pyrates were taken, and though she was condemned also, they obtained of the Judge of the Admiralty to have her upon appraisement at 200l., tho' as Mr. Coleman saith she cost 2,500l., a much better penny-worth than the Negroe boy, and at the same time of their sollicitation, the merchants of this place and severall gentlemen of the Council of another value than Mr. Coleman, more earnestly sollicited that she might not carry away 100 men, capable to sayle 10 ships then ready to go to sea to the West Indies, notwithstanding all which, I allowed them to take up men and make ready, while this was doing I received your Lordships' of Feb. 16, 170¾, wherein to prevent the great irregularities in the granting Commissions in the Plantations, I am commanded to govern myself according to a Commission and Instructions, which I was to receive by your Lordships' next letters. This command I acquainted Mr. Coleman and the owners of that galley with, and told them I expected your Lordships' letters every day, and that they should not tarry an hour after, and this was satisfactory to every body in this Province except Mr. Coleman and his company, and the vessell being gone down out of command some time before by my allowance to get men, they now carryed away the men of this Province and sailed to Rode Island, and Mr. Coleman follows them to get Mr. Cranston's Commission, who had my commission of the Vice-Admiralty on record in his own Court at Road Iland, and H.M. letters commanding him not to meddle in the Vice-Admiralty, which by H.M. order was wholly in my hands, but being sollicited by Mr. Coleman, H.R.H. Receiver, I am of opinion he thought himself safe therein. Mr. Coleman saith in his letter this was in November; no sooner were they gone than about the middle of the same month I received under cover from Sir C. Hedges the said Instructions, and gave notice of it, and dispatched what was before mee, and sent to acquaint Mr. Coleman with it, who smiled at it as too late for him. All this Mr. Coleman hides from your Lordships, and puts it wholly upon my will to refuse him, which after your Lordships' notice of that new Instruction I dare not do, and adds that Mr. Cranston took not a penny for that commission which he himself knew was not worth a farthing. (ii) Referring to the expence of the money so soon, I hope it is not true, but if it be, 'tis what I told those Gentlemen and others often, that Road Iland was so dissolute a place that they would lose all there, which they might have prevented by coming to Boston. The 150l. was all the payment that was made to the Judge, Advocate, Register and Marshall, and was by agreement with them that the owners should pay to the officers above mentioned, divisible amongst them 5 per cent., provided it did not not pass 150l. in the whole, which is but half what is taken in the other Governments, but however is allways to be rectifyed by the Judge of the Court of Admiralty of England, upon whom they depend, and to whom they have written for direction. The Judge's letters are in this packet. For the 50l. paid my self by Col. Paige, his letter is inclosed, wherein he justifies me in all poynts [No. 498], and I nor he ever had any present from Mr. Coleman, and do not expect it, though I had the trouble to see and receive the owners of that unhappy vessell, as he saith himself, every day for a month to give out warrants and allowances for a great number of saylors for that voyage to allow them to sayle, and which is above all they disbanded and left my men near 100 at Roade Island to my great loss, contrary to the Instructions for privateers, a copy whereof I have also inclosed, and when these men had disparaged the Admiralty's jurisdiction in my hands, lost mee such a number of men for want of attending the standing Instruction, for one of them to make mee a present, which every Governour of H.M. has from all prizes, and this to be complained of by them that paid no penny of it, is what I hope your Lordships will not account a fault. (iii) Mr. Coleman has lost his memory with his truth. Mr. Secretary Addington acquaints mee that in the papers sent home last year there is Mr. Coleman's evidence, as now the copy inclosed, so that I did send for it, and he brought it before my self and the Secretary, and there swore it. And at my demand to tell the whole truth he added that postscript, which was all that I wanted, that he was obstructed and had complayned of; your Lordships will perfectly see the value of the man, if you please but to compare his complaint and this record which will be allways too strong for everybody, that I did ask it, and had it, and had the addition made to it to get the whole truth. And this, my Lords, is the naked truth of that Gentleman. That I refused him the Pyrates' gold is most true, H.M. Instructions commanding mee so to do, to take all pyrates' goods and treasure into safe keeping, and give notice thereof to my Lord High Treasurer, for H.M. direction therein, which I have strictly obeyed, to your Lordships' acceptance and H.M. satisfaction. He saith he was much slighted when that treasure was taken out of his hands. I do not know whether your Lordships were advised that 700l. or 800l. of this pyrates' gold was upon a secret division amongst the owners of that unfortunate vessell carryed home to Mr. Coleman's house, as was all the rest to the other owners, and if he means he was injured when the Goverment sent for that gold and directed him to give his oath that that was the gold and all that came to his hand, this was a service to H.M., and he would have kept me in the dark for all that gold if those methods had thrived, and it would have been an extraordinary proceeding, after I had searched the town for that gold, and Mr. Coleman had brought in the biggest share, which he had secretly divided without any judgement in the Admiralty, or regard to the Prince's interest, if it had been a lawfull prize, while himself was the officer, if after all these irregularitys contrary to my Instructions I had given it to Mr. Coleman again, it had been an extraordinary proceeding; I took a better course and lodged it with a sworn Committee of the best Gentlemen in the Country, of whom Mr. Coleman's Master the Commissary Generall, Mr. Andrew Belcher, was one, a man of unspotted reputation, who as I am told was supplanted by Mr. Coleman out of this very Office, and I suppose [would] perform it for half the commissions Mr. Coleman now has. The last article is the rich pennyworth of the [Negro]; it is certain that the price of Negroes differs from 10l. to 100l. [in the] market. This and everything else was sold at a public vendue; and if Mr. Coleman had offered 1s. more, he might have had the rich pennyworth himself. I humbly pray your Lordships to allow mee to say after all this matter, that for an Officer and a servant of H.R.H. in the Admiralty, knowing all that is above, to encourage and take commission from a person without any authority; to complain that I would not give him commission, and hide the reason thereof from your Lordships which was your Lordships' own Instruction; to deny that he gave evidence, and say that I was loath he should say all, when he had done it and added to it upon my demand, as your Lordships see in the postscript; to expect that I should break H.M. commands, and give into his possession the gold I had taken from him the day before; to pretend that prize goods are well and at the best kind sold, when he himself is the purchaser—such articles do not recommend an Officer. I humbly submit myself to your Lordships' censure in every thing, but pray not to be left to the calumny of Mr. Coleman, who is of no further consideration originally here than the son of a poor Ale-house keeper yet living, and, as they say, not able to pay his debts. In the two last Generall Assemblys of this Province, I have moved that the Council and Assembly would address H.M., as upon other heads, so to acknowledge the receipt of H.M. Picture, which is disposed and set up in the Council Chamber, but they are of different minds, and have not agreed the Address. I only say this because I observe other Provinces have addressed H.M. upon that head. I acknowledged the receipt of it to your Lordships and Mr. Phipps, the Agent of this Province, when it arrived, and prayed him to do my duty where it was proper, but since it was in the Councill Chamber, I would have had it done by the Assembly, and shall yet further move it. Since H.M. favour to Owaneco and the Moheegs, they have offered their service as voluntiers against the Eastern Indians, which I thought a service both to supply so many men, and also to secure a breach between them, and accordingly directed Mr. Mason their guardian to give notice to Mr. Winthrop, the Governour, and to tell them I would give them subsistence and 5s. per week wages as I do to English men, whereupon a small troop of about 30, with the Sachim's son is now in the service, since which I understand 'tis an offence to the Governour of Connecticut they are in the service, and that I do entertain them, tho' it be upon the reasons above, and to keep them from starving; I shall send them home soon, but thought it proper to acquaint your Lordships therewith. I have covered to his Grace the Duke of Marlborough the [year]'s accounts of expences at the severall Forts, with the present state of the or[dnanc]e and stores, ending Sept. 29, having had no safe conveyance [for the] half year, and in this packet are the Acts of Assembly, Minutes of Councill [Causes and] other papers of both the Provinces. Mr. Thomas Allen's Attorney is here arrived, and has presented [mee with] H.M. Order in Councill referring to that tryall, which I shall care[fully obey], and make all the direction in my power that the Juryes may find specially and that the matter may stand fairly for a just and finall judgement before H.M., that it may have an end. I have given the Judges notice of H.M. commands to give their answer for refusing the appeal of Capt. Lawson, and they will obey it by this conveyance. In all times past the Goverment of this Province have been obliged to purchase their prisoners from the French at Quebeck and Port Royall, sometimes at 5l. per head, but I have obliged them to return them without payment by the prisoners I have taken from Nova Scotia, which I lately returned, and dayly expect the return of a briganteene I sent to bring away mine from Quebeck, those from Port Royall being all come home already. If I might have H.M. favour that 4 or 5 shipps might spend 3 summer months here, I think both these places might be reduced with a proper force taken up here, and would be a very fair settlement for a Scotch Province or otherwise, as H.M. should please. I humbly ask your Lordships' pardon for this long account of affayres here and I humbly pray the continuance of your Lordships' favour to represent mee well to H.M. All H.M. good subjects are easy and satisfied with the administration of the Goverment, and I believe the Militia of this Province, and the Assembly of New Hampshire, and the ministers and Clergy have sent their addresses to H.M. On that head I have written by Mr. Phipps to attend your Lordships for direction therein. I pray your Lordships that I may not be a sacrifice to Connecticut and Road Island, who, as well as their Agent at home, are angry at my obedience to H.M. commands, and upon no other head. When I neglect my duty here, I am willing to be disgraced, and when I am unfortunate I will pray to be dismissed. In the meantime I humbly pray that I may not lose H.M. favour in my present imployment, where I have yet got nothing, which I am perswaded this Province would be sensible of, if the debts contracted by the warr were discharged. Signed, J. Dudley. Endorsed, Recd. Nov. 25, 1706. Read Feb. 28, 1706/7. Edges torn. 9 pp. Enclosed,
511. i. Deposition of John Colman. Boston, Aug. 10, 1705. Being deputed by John Dod, Receiver of the Lord High Admiral, and being informed there was a prize brought into Newport by Capt. John Blew, by the direction of Joseph Dudley, Governour and Vice-Admiral, I went to Rhode Island and shewed my Commission to Governor Cranston. On perusal he found it said "Boston and the districts thereof," and answered they were no district of Boston, and could not admit me to be the Receiver, adding that he had put the matter into the hands of the Queen's Collector. I then wrote Mr. Dod, who sent me another commission, impowering me to be Receiver over all N. England and Rhode Island, and about the same time H.M. Commissioners for Prizes sent me a deputation to be the Queen's Receiver also, which as soon as I received, I advised Gov. Cranston of, who then shewed all respect to me as the officer and accounted with me for the tenths of the prize, part whereof I have received. Signed, John Colman. P.S.—The money remaining in Governor Cranston's hands is since recd. Oct. 11, 1705. P.S.—At my return from Rhode Island, I complained to Gov. Dudley that I was obstructed in my receipt of H.R.H. dues there. Gov. Cranston kept me out of ye same for more than two years, and, as I understood, the Government petitioned home that the money might be applied to ye use of their fortifications, wch. money is now actually paid to me. Endorsed, Recd. Nov. 25, 1706. Copy. 1½ pp.
511. ii. Copy of an Article in the Instructions given by Governor Dudley to privateers. You are not to enter or retain any man's sons under age, or servants, contrary to the Law, and before you depart, you are to deliver into the Secretary's Office the names of the company with the place of their dwellings, and such as belong to this Province, you are to bring back with you to the same, or use your best endeavours so to do. Same endorsement. 1 p.
511. iii.–ix. List of causes in the several Courts of Justice in the Massachusetts Bay, Jan. 1704—July, 1706. Same endorsement. 19¼ pp. [C.O. 5, 864. Nos. 114–126; and (without enclosures) 5, 912. pp. 267–300.]
Oct. 2.512. Governor Winthrop to Governor Dudley. Acknowledges H.M. Order repealing the Act about Hereticks. New London, Aug. 29, 1706. Signed, J. Winthrop. Endorsed, Recd. Nov. 28, 1706, Read Feb. 28, 1706/7 Addressed. Holograph. 1 p. [C.O. 5, 1263. No. 137.]
Oct. 2.
Boston of the Massachusets.
513. Judges of the Superior Court of the Massachusetts Bay to Governor Dudley. In obedience to H.M. Order in Council, signified by your Excellency Sept. 28, to give an account in writing of the reasons which induced the Court to refuse the appeal of George La[w]son, Plaintiff against Peter Sergeant, from a verdict of the Court, it appeareth that the Defendant at an Inferior Court of Common Pleas at Boston, Oct. 3rd, 1704, obtained a judgment which was affirmed at the Superior Court Nov. 7 following, upon the defendant's plea in barr of the action brought by George La[w]son, the cause not having been committed in either Court to the jury, as the course of the Courts is, and hath been by the direction of a particular Act of this H.M. Province. The Clerk of the Court hath not entered any motion made by Lason for an appeal, as at all times he hath been used exactly to do upon such motion made, nor do any of the Justices remember that he made any such motion, or that the Superior Court ever refused his appeal, nor had they authority to grant it, for the sum sued for by him, being but 147l. 16s., amounts not to the value set in the Charter etc. Signed, Samuel Sewall, John Hathorne, John Walley, J. Leverett. Endorsed, Recd. (from Mr. Sec. Hedges) Dec. 3, 1706, Read Feb. 21, 1706/7. 1 p. [C.O. 5, 864. No. 88.]
Oct. 2.
Boston.
514. J. Colman to the Council of Trade and Plantations. A bond for the 50l. Governor Dudley squeezed out of us was given to his son, for the Governor. The sale of the negro boy was clandestine, for there had not been due notice thereof, etc. etc. (cf. Oct. 10, etc.). Signed, John Colman. Endorsed, Recd. Dec. 11, 1706, Read Feb. 28, 1706/7. Holograph. Addressed. 2 pp. [C.O. 5, 864. No. 160.]
Oct. 2.
Treasury Chambers.
515. Mr. Taylour to W. Popple. The Lord High Treasurer desires the opinion of the Council of Trade and Plantations upon enclosed. Signed, J. Taylour. Endorsed, Recd. 3rd, Read 8th Oct., 1706. Addressed. 1 p. Enclosed,
515. i. Comptrollers of the Accounts of the Army to the Lord High Treasurer. Comptrollers' Office, Sept. 4, 1706. Upon Capt. Moody's application for 363l. 3s. 8d. for provisions supplied by him to the garrison at St. Johns, and for his pay from Xmas, 1704, to Nov., 1705, which he prays may be ordered him without charging respitts, we acquaint your Lordship that 355l. 5s. 7½d. has been paid to Capt. Lloyd and the executors of Capt. Powell for provisions for the garrison when they were commanding there, and 150l. to Capt. Moody for wine and brandy furnished to the garrison during the 5 weeks' siege. In our report, June, 1705, we offered that the Council of Trade and Plantations should lay before your Lordship a scheme how the garrison and company at Newfoundland might be maintained with less disadvantage to the publick. In which opinion wee are further confirmed, since we find repeated demands made by every Governour of that place, which so farr exceeds the respits and contingencies, and humbly submit whether this demand of 363l. is not more properly examinable by the Council of Trade. Signed, Arth. Moore. Copy. 1¾ pp. [C.O. 194, 3. Nos. 166, 166.i.; and 195, 4. pp. 285–287.]
Oct. 3.516. Capt. Moody to the Council of Trade and Plantations. Prays for a favourable report. See preceding. Endorsed, Recd. 3rd, Read 8th Oct., 1706. 1 p. Enclosed,
516. i. Sir C. Hedges to Henry St. John, Secretary att Warr. Whitehall, May 10, 1706. Recommends Lieut. Moody for the first Captain's commission which becomes vacant. Copy. 1 p.
516. ii. H. St. John to Earl Rivers. Whitehall, July 22, 1706. Recommends Capt. Moody for one of the first companies that shall fall vacant upon the expedition in which he will attend him. Copy. 1 p. [C.O. 194, 3. Nos. 167, 167.i., ii.; and 195, 4. pp. 288–290.]
Oct. 3.
New York.
517. Governor Lord Cornbury to the Council of Trade and Plantations. On Aug. 22 last I received from Col. Quary your Lordshipps' letters of July 18, 1705, Nov. 28, 1705, two letters of Feb. 4, 1705/6 and one from Mr. Popple of Feb. 9, 1705/6. In the first of those letters your Lordshipps are pleased to say that you expect to hear from me, what has been the effect of the suspension of the execution of H.M. Proclamation relating to the coin, in answer to which I herewith send a duplicate of my letter of Aug. 10. In your letter of Nov. 28, 1705, you are pleased to direct me to send an account what pay is due to the Rev. Mr. Mott, late Chaplain to H.M. forces here, and what effects he has left in the country; as for effects, he has left some books, of which I herewith send a catalogue, and a very few cloths, not worth in all 6l., a silver seale, a silver headed cane, and some other trifles, all mentioned at the foot of the inventory, I will likewise send you the appraisement of the whole, and wait your Lordshipps' further directions, before anything is disposed of; and upon this occasion I must observe that in the 63rd clause of my Instructions, the Queen is pleased to reserve the probats of wills, and the power of granting of administrations to me; and this observation I make, not only because it seems to be an encroachment upon the power granted to me by H.M. Letters Patents under the Great Seale of England, but because of the many inconveniencys which must attend such a method of proceeding, for example, a man dies in New York intestate, before he comes to New York he contracts severall debts in England, afterwards he contracts several debts in New York, the creditors in England, hearing of the death of the party, obtain letters of administration in England, the creditors at New York much sooner obtain letters of administration from the Governor of New York, and by virtue of those letters of administration they dispose of the effects of the deceased; a considerable time after that, the administration granted in England is brought to New York by some person impowered to act for the creditors in England, this puts a necessity upon the Gouvernor, either of not granting any letters of administration at all (not knowing if they are granted in England or not), or else of disalowing the letters of administration granted in England, which I would not willingly doe; therefore I intreat your Lordshipps' consideration of this matter. Mr. Mott did owe severall sums of money in this place, which if not paid out of such effects as he has left here, noe person coming from England must expect any credit here, besides if letters of administration granted in England must take place here, it will cause great difficultys among trading men, for men will be very cautious how they part with their goods upon credit, because it is not very easy to know what debts a man may have contracted in England. In your letter of Feb. 4, 1705/6, you say, that you have not received my letter of Nov. 6, I am sorry for it, and shall observe your directions in sending duplicates by different conveyances, and I am afraid that more of my letters are lost, because by the Master of a sloop come in last night from Barbados, I am informed that two sloops belonging to this Port, going to Jamaica, are taken by the French, and indeed the conveyance by the way of the West Indies has hitherto proved very uncertain with respect to these Colonys upon the Continent. Your Lordshipps are pleased to say you have considered what I have acquainted you with upon the Bill for raising 1,700l., I am very glad to see what has been your opinion upon that matter, and I have obeyed your commands in acquainting the Assembly with the method they must follow, in the passing of money bills for the raising extraordinary supplys for perticular uses; I have alsoe acquainted them that the Queen expects they should provide towards their own security by giving necessary funds for furnishing the Inhabitants with arms etc., they are now sitting, and I hope will comply. Your Lordshipps are pleased to say that you hope noe occasion has been given by the Government for any just diffidence, and that I have and will lay before them an account of all moneys raised by Acts of Assembly, whenever they shall desire the same. Whenever they have desired an account, they have had it, and if you are pleased to direct Mr. Popple to look into the Journalls of the Assembly, which I have constantly sent to you, you will find that they did demand an account of the 1,800l. taxe, and they had it. There has been but four money bills past since I came to this Government, the first was for the raising of 2,000l., which the Country made me a present of, and which the Queen was graciously pleased to confirm; the second was for the raising of 1,800l. for the defence of the frontiers the winter of 1702/3, the third for the raising of 1,500l. for fortifying the Narrows, and the fourth for raising of 1,300l. for the defence of the frontiers the winter of 170¾, since that have noe money bills past, I wish the Assembly here may be convinced how reasonable a thing it is that they should raise funds for the providing arms and amunition for the defence of the country, but I much fear it, however I shall make use of the most moderate and persuasive means I can to induce them to it. I hope to get all the Minutes of Councill and Assembly ready by this conveyance, but if not, I will send them by the way of the West Indies; during the long sicknesse of my wife (whom it has pleased God to take to Himself) the Clerks have been very negligent, because I could not call upon them myself soe often as I would otherwise have done, but now I will keep a steady hand over them till they have finished. The two frigatts your Lordshipps are pleased to mention, vizt. the Lowstaff and the Triton's prize are both here, and are ships fit for the service for which they are sent, Capt. Fane has behaved himself very well since his coming into this Port, and has kept his men in very good order, and not many have deserted as yet; but I can not say the same for Capt. Miles, for he has used his men soe ill that in 3 months above 40 of his men deserted, and when some of those who remained were asked what was the reason their comrades ran away soe fast, they said it was the ill usage they had from their captain that forced them to it, particularly in giving them ill provisions, and indeed when the two ships lay in Kip's Bay, where the Queen's shipps always lye in winter, Capt. Fane took care his men should have fresh meat, but Capt. Miles's men had none, but were kept to their salt provisions brought from England. I must acquaint your Lordshipps with a practice Capt. Miles has used here, and which came very lately to my knowledge, which is thus, the Captain (upon my telling him he should cruise in a short time), told me that he wanted 40 men, whereupon I gave him a warrant to presse men out of the vessells that should come from sea for a certain time limitted, he does presse men, but afterwards for certain considerations disposes of some of them to some merchant men then going out from this Port, upon another occasion he dismist one of his midshipmen, and that man went out Master of a sloop from this place, and still goes on pressing, which, if suffered, will at last be the ruin of this place, and I know but one effectuall way of preventing it, and that is, that H.R.H. my Lord High Admirall would be pleased either to appoint a Clerk of the Checque in this Port, or else to impower the Gouvernor to muster the men belonging to H.M. ships of warr in this Province, by this means, as soon as a ship has her complement, the presse will cease, and the merchants will be able to man their vessels, and indeed I doe not find but the people are very willing the Queen should be served, but they think it is very hard that men must be pressed under pretence of the Queen's service, when indeed there is noe need of it. I hope your Lordshipps will be pleased to represent this matter in such a manner that this evill may be remedyd. Capt. Miles, at his first coming into this Port (which was late in the year) applyed to me for orders to lay up the ship, and after the winter was over, he came to me for orders to bring the ship downe into the Road, and afterwards came to me for orders to presse, but when his ship was fit to sail, and I sent him his sailing orders, he sent me word he could not obey my orders, I sent for him and asked him what he meant by saying he could not obey my orders, he told me he had an order from the Prince to follow such orders and directions as he should receive from Capt. Fane. I told him if he had any such order, he had done very ill not to acquaint me with that sooner, and that he should not have applyed to me for the former orders as he had done, and I asked to see the order and he shewed it to me, I desired him to leave it with me that I might take a copy of it, he said he would send me one, but has not done it to this day; upon his refusing to obey the orders I sent him, I ordered Capt. Fane to cruise, which he did, and I did not intend to send any more orders to Capt. Miles, till I had an answer from Mr. Burchett, to whom I wrote to desire him to acquaint H.R.H. with this matter, and to desire that I might receive his directions how to behave myself for the future, with respect to H.M. shipps of warr appointed to attend this Port; and this I desire the rather, because in the 51st clause of H.M. Instructions to me it is said, that, with other powers of Vice-Admiralty, I shall receive authority from H.R.H. upon the refusall or neglect of any Captain or Commander of any of H.M. ships of warr to execute the written orders he shall receive from me for H.M. service and the service of the Province under my Government, or upon his negligent or undue execution thereof, to suspend him etc. But as yet I have received noe such directions, soe have forborn doing anything against Capt. Miles; but in a short time after Capt. Fane was gone out, I received advice from the West Indies that Monsieur D'Iberville with a squadron of French men of warr under his command had burnt St. Christophers, and that he intended to attack some other of the Islands, and then intended to destroy this place in his return to Old France, the same accounts came to severall of the merchants of this City from their correspondents, and particularly from St. Thomas's, one Mr. Serurier, a French merchant, wrote to Mr. De Lancey, one of our merchants here, that he had been on board Mr. D'Iberville, and that he had all the reason in the world to believe that he intended to attempt this place; the people here were so much the more easily persuaded of the truth of this report because in 1701 Mr. D'Iberville came into Sandyhook, with a ship of 50 guns, and pressed a man in East New Jersey to pilot his ship up to a place called the Watering place, which is near Staten Island, within sight of this City, and about nine miles from it, he lay there between a month and six weeks, and sounded all the Bay and the River from the point of the Fort to Sandyhook, without Capt. Nanfan's taking any notice of it, soe that he is perfectly well acquainted with this Port; these reports encreasing by every vessell that came from the West Indies, the people here began to be very uneasy, and full of aprehensions of the danger they were in, considering the Fort was quite out of repair, the City quite open, having noe manner of fortifications about it, and almost all the guns dismounted, and the carriages of the rest rotten, soe most of the considerable merchants in town joined with the Mayor and Aldermen in a Petition to me, in which they desire that I would give directions for fortifying the City, and for mounting the gunns. Upon this I called the Councill, I acquainted them with the Petition I had received, and desired their advice, who told me that the best way would be to incourage subscriptions for the advancing money to carry on the work, till the Assembly (which stood then prorogu'd to Sept. 12) could be got together; upon this I desired the Gentlemen of the Councill to appoint a meeting with the merchants at the City Hall, which was accordingly done, and subscriptions taken to a considerable value, and some money paid downe into the hands of four merchants of this City, who were appointed to receive and pay out the money that should be received upon those subscriptions, the four were Col. D'Peyster, Capt. Lurting, Capt. Read and Capt. Provoost; upon this I immediatly wrote to Boston, to Capt. Redknap, H.M. Ingenier, to desire him to make what haste he could to this place, that we might have his directions and assistance in putting ourselves into a posture of defence, as soon as he received my letter, he acquainted Col. Dudley with it, and desired he might have leave to set forward immediatly towards New York, Col. Dudley acquainted the Gentlemen of H.M. Councill for the Massachusetts Bay with it, and they were of opinion that Capt. Redknap ought not to be permitted to goe till he had finished some works that were begun there, soe that we were deprived of that Gentleman's assistance, though not by his fault, who was very ready to come, upon this the people began again to be very uneasy, and pressed me again to give directions for the fortifying the City, which I did and in few days we run a line of stockadoes from the North River to the East River, which is about 45 chain, and raised a good brest work, not only there but along the River side, we have raised 3 Batterys upon the East River, one of 22 guns, one 7 guns, and one of 8 guns; 3 Batterys on the North River, one of 9 guns, one of 5 guns, and one of 3 guns, and one Battery upon a point of rock under the Fort of 11 guns, we had not guns enough of the Queen's to suply all these batterys, but the City have borrowed 18 guns out of a Scotch ship which lay at Amboy, and some merchants here, who have some few guns for sale, have likewise lent them; I thought this a favourable opportunity to get the Fort repaired, which stood in great need of it, and I have got the walls repaired everywhere, the parrapet (which is of sodd work) all new done, and all the guns that wanted carriages new mounted, and others repaired, soe that now I have 46 guns mounted upon the walls, and the courtines and bastions of the Fort in as good repair as they can be without new building; upon this occasion, notwithstanding my former resolution of sending noe more orders to Capt. Miles, I did send him an order to fall downe to Sandyhook with the ship under his command, to remain there till Capt. Fane came in and then to proceed upon his cruise, this order he thought fit to obey, and soe has continued doing till a few days agoe that he came in from cruising and sent me word that he was at Sandyhook, the ship had received some dammage, and that it was not safe for the ship to ride there in the condition she was in. I immediatly sent him an order to bring the ship into the Harbour, but this order he would not obey. I do not write this to your Lordshipps as a complaint against Capt. Miles, but only to let you see what difficulties sometimes I meet with, with some of the Gentlemen that have the honour to command the Queen's ships, and to desire that I may have directions how to proceed in cases of the like nature. The new Seale for this Province came safe to my hands, and I herewith send your Lordshipps the old one broken according to your directions. Signed, Cornbury. I had almost forgot to acquaint your Lordshipps, that upon the news of the French intending this way, I drew together the Militia of this City, King's County, Queen's County, Richmond County, West Chester County, and the West end of Suffolk County and Orange County, which together made up 2,200 men, besides in the Countys of Essex and Bergen in the Eastern Division of New Jersey, which is but just crosse the River, there was 700 men in arms, soe that in 24 hours I can have near 3,000 men in this City. I herewith send an account I just now received from Carolina. Endorsed, Recd. from Mr. Sloper. Nov. 28, Read Dec. 5, 1706. Holograph. 7 pp. Enclosed,
517. i. An Impartial Narrative of ye late Invasion of S. Carolina by ye French and Spaniards, Aug. 1706. Carolina being not onely a frontier to the English settlements, but also frequently menaced by the Governors of St. Augustine and the Havanna with an invasion, it became absolutely necessary to prepare for the same, accordingly (Sir N. Johnson being Governor) Charles Town was with all imaginable dispatch surrounded with a regular fortification, and 100 choice great guns mounted thereon, the Militia by frequent exercise well disciplin'd, and all other necessarys reduced to a millitary posture for their reception. In which state the affairs of the Province remained when it pleased God to visett us with a grevious pestilence, which raged cheifly in Charles Town, took off a great many of the inhabitants, and begann to spread throughout the whole Province, which misfortune comeing to the knowledge of our enemies encouraged them to conclude that now was the only time to execute their designs agt. us, and one Monsr. Le Feboure [or Faboure], Commander of a private man of warr, hapening at that time to be at the Havanna, with 4 other privateer ships, the Governor at last prevailed with them to undertake the invasion, reinforced with about 800 men, and directed ym. to call at St. Augustine for more supplys, and from thence saile directly for Charles Town. The first accot. we received of them was by Peter Stool [a Dutchman, Nov. 19], Commander of a privateer sloop belonging to New York, who, having lately refitted in this Port, sailed for the barr of St. Augustine, intending to cruize thereabouts some time in expectation of a ship with money on board to pay that garrison. On Saturday, Aug. 24, he returned and informed us that the Wednesday before he engaged a french ship of[f] Augustine Barr, where [he] lost 2 men and had 5 wounded, and that the day before he was chased by four ships on this coast. He had not been arrived scarce above one hour, and not done relating this news, before wee discovered from the town 5 smokes on Sullivane's Island, which signified that so many vessels were by that look-out seen at sea, upon which Lt.-Col. William Rhete [Rhett] (being the Commander in Chief then in town) caused the allarum to be made, dispatched messengers to the Governor and his superior Officers, and gave the necessary orders for that night. That evening the enemy came up with our Barr, but would not venture to come over and then stood again off to sea, being near night. Aug. 25th. On Sunday morning Col. James Risbie came into town and received advice from the Look-out that the enemy appeared to the southward of the Barr, manning their galleys perriauguers and boats, wherefore wee expected them to land upon us that night. In the afternoon Major General Broughton came to town, and two companies under Capt. David Davies and Capt. Wm. Canty, about the same time also most of the Gentlemen belonging to the troop commanded by Col. George Logan came to town, strickt watch being kept all that night. 26th. The next morning the Country Compa. marched out of the lines of the Town, and took up their quarters half quarter of a mile from the same, it being thought convenient not to expose them, but in case of new necessity, to the sickness of the Town. All that day the Enemy continued at anchor at Folly Island, their boats sounding the Barr. The same day our Governor came to Town, viewed our preparations and gave the necessary orders, his presence gave great encouragemt. to us all having strong confidence in his courage and conduct, in the evening our forces were again drawn into Town. 27th. On Tuesday morning the companies under Capt. Johnson Lynch and Capt. George Hearn marched with[in] a quarter of a mile of the Town, ready to enter when ordered, and Capt. Jonathan Drake's companie from James Island came over to Town. The same morning the Enemy with four ships, one galley and a small craft to land their men (to ye great surprize of our Pilots, who esteemed it almost impossible) came over the South Barr, and having a fair wind and tyde wee expected would have come directly to the Town, but they stretched along and came to anchor under Sullivanes Island, whereupon the Governor drew up all the fforces quartered near the lines, and march't them into Town, in order to receive the enemy, and Capt. Fenwich's (fn. 1) company being on a neck of land lyeing between Wandoe River and the sea, a sloop was sent over for them, which the enemy perceiving sent out their galley to intercept them, but failing in their purpose, our men were all safely landed at Charles Town.
In the evening Marshall Law was proclaimed, and the forces then in town disposed to severall quarters, keeping a strong guard all night, the whole Town being illuminated with lights from every window, the which was repeated every night during the allarum. 28th. The Santee Company under Capt. — Longboys [James de Longbois, Nov. 19] march't into the Town and Capt. Seabrook's Company from the southward. This morning a Councill of Warr was held, where it was concluded that 3 ships, one briganteen and two sloops then in the harbour should immediately be fitted together with a fire-ship in order to take or destroy the enemy, who still continued at anchor under Sullivan's, the command being conferred on Lt.-Col. Rhett. The same day a Flagg of Truce came on shore with a message to the Governor. The Messenger being brought into Granville Bastian, then commanded by Capt. Geo. Evans, where he remained for some time, and being presently afterwards introduced to the Governor, he told him he was ordered by M. le Feboure in the name of the King of France to demand that wee should surrender to him the town and country and our persons to be prisoners of warr, adding that his orders were to give but one hour's time to determine an answer. The Governor told him that it needed not a quarter of an hour or a minute's time, for he was not in a condition to be obliged to surrender the Town, but would defend it etc.; that he valued not any force he had, and bad him goe about his business. The Messenger departed, seeming very much surprised at our strength and numbers. 29th. Wee perceived the enemy's boats landing a party of their men on the beforementioned neck of land, and in a short time severall smoaks arose near Col. Dearsly's Creek, which wee afterwards understood to be from two vessells riding in the creek, which the enemy sett on fire. Upon this Col. Risbye and Major Parris were ordered to detach a party of 100 men to be sent over to attack the enemy, but being just ready to embark, were countermanded, and that service referred to the next morning, at which time it was hoped to land and fall on them undecern'd, which succeeded accordingly. The same day another partye of the enemy, about 30 men, went on shoar at James Island, and sett fire to a house, whereupon the Governor commanded Capt. Jonathan Drake with his company to march over and disturb them, but being observ'd by the enemy's ships, they fired a gun to call their men back, who recovered their boat, and in great hast put off before Capt. Drake with his company could come up with them, but the Indians marching faster came time enough to exchange severall shotts, and wounded 2 or 3 in their retreat. 30th. Two hours before day news was brought by a negro from the Neck that the enemy, consisting of about 160 men, had been on shoar all that night, had kill'd a great many cattle, fowls and other stock, and were securely feasting and making merry, whereupon the Governor immediately commanded Capt. Fenwich with his company together with a detachmt. out of the companys of Capt. Lynch and Capt. Canty, about 106 men in all under Capts. Fenwich and Canty, to pass over to the neck to cut off the enemy. Undiscovered they landed at Hobeau, and Capt. Fenwich leaving about 10 men to guard the boats, advanced in pursuite, sending 2 soldiers and half a score nimble Indians as scoutts before him, and having march't about 5 mile mett the aforesaid scouts returning with accot. that they had seen the enemy at Rowler's plantation being then distant but half a mile from them, whereupon Capt. Fenwich wth. speed and silence advanced towards them, and being come up to the fence of the Plantation were they were undiscovered, spread themselves in order to surround them, but the enemy perceiving them, and being but a party of the main body, imediately retreated receiving our fire without any return on their side, wee pursueing them came up to Gill's Plantation half a mile distant from Rowzer's, where the enemy meeting another party of their own men ralied and faced us, disputing the ground for some time and exchanging severall values, but huzaing and rushing on them, they gave ground, and in great disorder fled to their main body which were at Hartman's Plantation about a mile further. In this action wee killed them 6 men, wounded 4 and took 2 prisoners, with the loss only of one man, and Capt. Fenwich pursueing this good begining and the flying enemy, came up to Hartman's Plantation, where their whole strength consisting of about 130 men were drawn up in order of battle in the middle of the pasture, being a large open feild of about 150 acres of ground, seeming resolv'd to engage us, whereupon Capt. Fenwich and Capt. Canty likewise drew up their men full of eagerness and desire at sight of the enemy to fall on them, and advanceing within half musquett shott poured in their volley with [? which] the enemy sustein'd and return'd theirs, but seeing our men running on huzaing with a desperate resolution to engage them closer, they imediately quitt the field and fled away in great disorder and confusion, but being prevented from heading the creek, the greatest part of them fell into our hands and begging quarters were made prisoners of warr, others attempting to escape by swiming the creek were drowned. In the whole loss susteined by the enemy there were 9 killed, 7 wounded, about 7 lost in the creek and 33 prisoners taken, with the loss only of one man on our side, so that of about 130 men, there returned but 60 to the ships or thereabouts, the rest being either killed or taken prisoners, with which good success Capt. Fenwich and Capt. Canty with their men and prisoners returned to the Town by 11 of the clock. The Governor being rightly informed by them of the posture and circumstance of the enemy, and the vessels being in readyness gave orders for those forces to embark where [? who] were allotted to mann the ships. 31st. On Sat. morning our fleet, consisting of 6 vessells and a fire-shipp under Lt.-Col. Wm. Rhett as Vice-Admirall, sett saile towards ye enemy, who, seeing us make towards them, in great hast and confusion gott under saile standing for the south barr, and in a very little time by the help of a favourable wind and tyde gott not only out of our sight but overr the accidents of that dangerous barr, and dirty weather comeing on, the ships return'd again to the harbour before Charles Town.
On Sunday afternoon Capt. Watson in the sloop Seaflower was ordered to the barr to see if he could discover any of the enemy's ships, and, returning without any accot. of them, from a point of land on the Neck he took off 14 prisoners, who being deserted by their vessels surrendered themselves prisoners of warr, and the Governor being fully informed that the enemy were fled, discharged the alarum and declared marshall law to cease.
The same day at night John Abraham Motte commanding a pad round the Neck, sent an express to the Governor acquainting him that a vessell was seen rydeing at an anchor in Sea-wee Bay, who were landing a great many men, whereupon the Governor concluding this vessell to be ship which the prisoners told us the enemy expected, wherein was Monsr. Arbousett, their Land Generall and severall officers and abt. 180 or 200 men, resolved to take her and accordingly the next morning [Sept. 2nd] commanded Capt. Fenwich with his company to join Mr. Mott's pad round and together by land march to Sea-wee Bay to anoy the enemy and intercept their landing, and intending also to attack her by sea, appointed the Seaflower and the aforementioned privateer sloop for that expedition under Lt.-Col. Rhett. Orders were accordingly given Col. Risbie to put on board a number of men; the Seaflower was forthwith maned, but severall gentlemen and others who were willing to share in the danger and honour of that design, but desirous of the company of Col. Risbie, the Governor at his earnest request, permitted him with Capt. Evans and his Company to goe on board the privateer sloop. That morning both sloops sailed over the Barr, and made the best of their way for Sea-wee Bay, but there being little wind, they came to anchor that night off. 3rd. Capt. Fenwich and Mr. Motte had notice that abt. 200 of the enemy were landed and ashoar at Mr. Hollybus his Plantation, upon which they immediately marched towards them, endeavouring to cutt them from their boats; they found them in an open plantation advantagiously posted, but runing up to them boldly huzaing and fireing they durst not sustein the charge, for seeing severall of their men fall, the rest cryed out for quarters, there was abt. 12 or 14 of them killed and wounded and about 60 prisoners, among whom the men of note were Capt. Pasquereau, Commander of the ship, Capt. John Baptist, with 4 more officers without the loss of one man on our side. Capt. Fenwich and Mr. Mott returned that night, and the prisoners the day following. The 2 sloops early the same morning putt under saile crowding for Sea-wee Bay, when between 2 and 3 a clock in the afternoon the Seaflower being about a league ahead, on a suddain tack'd towards the Privateer, acquainting Col. Risbye that they had seen the ship ryding at anchor in the Bay with the yards and topmasts down. It was agreed that the privateer heading the van should board the enemy on the quarter and the Seaflower on the bow; in which order with a resolute cheerfullness both of sailors and souldiers wee bore up the helme, when comeing up with the ship and just ready to lay her on board, she strok, cryed for quarters, surrendered their ship, and yielded themselves prisoners, having 4 guns then mounted and loaden and between 80 and 90 able men, among whom was M. Arbousett and severall other officers. On the 6th the sloops with their prize returned to Charles Town, where the great guns from the Batteries and the shouts and acclamations of all the people proclaimed their wellcome. We have now in all about 230 prisoners, French and Spaniards, and about 90 or 100 Indians, which they brought with them. And thus through the Providence of Almighty God the malicious designs of our enemies are defeated, and their fleet like a second Spanish Armado, who had the[y] succeeded intended nothing more than the utter ruine of the flourishing Collony. The bravery and conduct of our Genll. the Governor was very remarkable during the whole allarum, who altho' worn out with age and pain forgott nothing of the duty of a great Commander, being frequently on horseback at all hours of the night, to see his orders executed, and infusing by his example life and courage among the people, resolv'd not to outlive the fate of the Province. His worthy son-in-law, Major Genll. Broughton is next to be remembered; the rest of the officers behav'd themselves like men worthy their Generall, and the common people upon all occasions shew'd themselves ready to dye in defence of their country. Capt. Stoole largely contributed to our preservation. The vessels employed in this expedition were. (1) The Crown galley, 12 guns, 96 men. (2) Mairmaid galley, belonging to Col. Thomas Cary, Governor of North Carolina, who chancing to be here about some private affairs, cheerfully assisted the publick cause. (3) Richard galley, Capt. Thomas Spread, 16 guns, 6 patteraroes, 146 men, the bloody pennant flying at his main topmast head. (4) William galley fitted on this occasion as a fire-ship, Capt. Kember (5) Flying-horse sloop, Capt. Peter Stool, 8 guns and 80 men. (6) Seaflower sloop, 100 men, Capt. Wattson. [Add from acct. sent Nov. 19:—In the French ship we took their field canons being of copper, and their standard being white sarsenet having ye French and Spanish arms at each corner and a green crosse in ye middle, and with this motto Par le signe de cette crois, vaincre ou mourir pour les deux Rois.] Endorsed, Recd. Nov. 28, Read Dec. 5, 1706. 10½ pp. [C.O. 5, 1049. No. 19; and 5, 1120. pp. 490–508 (covering letter only); and (enclosure only) 5, 1263. No. 128.]
Oct. 4.
Bristol.
518. N. Byfield to Mr. Secretary Hedges. States case of the Charles prize and replies to complaints of John Coleman. [See C.S.P. 1705, No. 1274.] Signed, Nathal. Byfield. Endorsed, Recd. Dec. 3, 1706, Read Feb. 21, 1706/7. Addressed. 3 large pp. [C.O. 5, 1263. No. 136.]
Oct. 4.
St. Xphers.
519. Governor Parke to Mr. Secretary Hedges. Acknowledges letter, where you hope I am arrived etc. I have been 3 months arrived; and I would desire you to remember whose fault it was I arrived no sooner: I sollicited for a ship to carry me for allmost a year, and allso for stores, but had not the good ffortune to procure either. You order me to enquire into the miscarage of these Islands; I will informe you in few words; there is about 300 men on Neviss, and the French landed 3,000, 'tis true they might have done better and killed some of the French, but that is all, for the French at last must have beat them. I went to take deposetions, and I found there was no end; for everybody complained wth. just caus against their Lieut. Governr. and the C. in C. Col. Johnson, and allso against each other, there is hardly one man but is impeached for a coward or ill conduct by some or other; so that I found there would be no end of that manner of proceeding, for if every one must be turned out that was in fault I must have turned out all, and where shou'd I have found others to putt in their places; for Nevis was a rich little Island, but there are but few people, the Island was devided amongst a few rich men that had a vast number of slaves, and hardly any common people, but a few that lived in the town; when I muster'd them, I could not gett 200 into the field; Coll. Codrington took the same method to ruin St. Kitts, that is, he granted all the French land to rich men that only sent some negroes to plant the land, by wch. means the Island was not one whit the stronger; those grants are now out, and the Assembly have addressed me to give no grants but to the inhabitants of the Island, or to those that will be obliged to come and settle here, wch. method I take; and encourage all the poor people I can to come and settle here, by giving them grants of land. I should have suspended Col. Johnson had he lived, for I think he was wanting in his duty both before and after takeing of Nevis, for he never went to them till I carryed him theither; but poor man he was not so much to be blamed as Col. Codrington. Repeats his account of Col. Johnson. He and Codrington put the people of Nevis to an excessive expence to build fforts wch. are not worth one bit of bread etc. You lett me know 'tis necessary for me to live at Nevis or St. Kitts; I have spent most of my time at St. Kitts. I gott at Nevis what they call the feaver of the Island, wch. is in plain English the Plague, for you have the tokens and break out in sores. I thank God I am now well tho in a continuall swett; there is only a small branch devides St. Kitts from Nevis, no broader than the Thames at Long Reach; where I live at St. Kitts I can see into the Harbour of Nevis, nothing can come in but I can discover them and in two hours can be wth. them; 'tis necessary I should be at Antigua some times becaus 'tis ye windermost Island and leys nearest Martineque; so I propose during the rainy season at Antigua, wch. is six months, to live at Nevis and St. Kitts, and the other six months to live at Antigua, and the two Islands have provid[ed] a House for me accordingly, yt. is have settled so much on me to provide myselfe wth. one, 'tis a greater service to me to live at one Island, for than I shou'd have one House, etc. Repeats part of following. You order me to give all manner of encouragement to those negroes that behaved themselves well, there is very little credit to be given to reports, I heard a hundred falce ones before I got there; two negroes behaved themselves very well and those their masters incourage, and I gave them some mony to drink the Queen's health, etc. Signed, Daniel Parke. Endorsed, Recd. Dec. 15. 4 pp. [C.O. 239, 1. No. 15.]
Oct. 5.
St. Xphers.
520. Governor Parke to the Council of Trade and Plantations. After I had sealed my last packett with the two laws for a provission for a House at Antegua and St. Kitts, I gott the Councill and Assembly of Antigua to signe the inclosed Address, wch. we desire your Lordships to present to the Queen. As the ffleet were sayling to Nevis to take up those ships, we met the Sheerness who came from Jamica. The Capt. informed me he had lost company of the Jersey and Greyhound in a storm and that I might expect them every houre; when the ffleet arrived at Nevis and St. Kitts, I ordered the Capt. of the Swan to make a signall for the Masters of the mercht. ships; when they came on board they were asked if they were willing to stay a few dayes for the Greyhound, wch. they all consented too; accordingly the Greyhound and Jersey arrived in six dayes, but they are both disabled haveing lost their masts in that storm; I have much adoe to perswad the Capt. of the Greyhound, who is the Commodore, to suffer the Medway prize to sayl with the ffleet, tho' he declairs he cannot sayl till he can gett new masts, wch. are not to be had in these Islands; he has not yett concented, but I hope to perswade him, for I have no power over any of the ships of warr that comes as convoy. We have had an unfortunate accident here, the lightning sett fyer to our magazine on Brimstone Hill, and blew up all the powder, and threw down one bastion of the ffort, killed a Lieutenant and several men, the Island must be at a great charge to maintain the soldiers and new build that part of the fort that is distroyed; God help us, we are the only unhappy people of the Queen's Domenions; I brought with me 15 barrills of powder to Nevis from Antigua, for at Nevis they had scarce any. I must send the Swan to Barbados to gett more powder both for the Greyhound and this Island; sure I have the hardest taske of all the Queen's Governors tho' the least sallary, four distinct Governments to take care off and nothing to do it with. I hope the affairs of these Islands will mend, for certainly they cant be much worse; we have no stores, nor men, and the Enemy all round us. Mr. Poggson is not yet tryed, I can get no Attorny Genll.; I made one at Antigua to try Capt. Sanderson, the Attorny Genll. had no fee, but the Councillor that was for the prisoner had 20 pistols; 'tis worth your consideration to gett some sallary settled on the Attorny Genll.; I can not aske the people to settle any, they are at so great a charge to defend their Islands. I have given a Commission to Major Genll. Hamilton, the Lt. Governor of St. Kitts to be Governr. of Nevis in the room of Col. Johnson, and Col. Lambert, the President of the Council of St. Kitts, I have made Lieut. Governor of St. Kitts, they are both very good men, and have been uppon all the service in this part of the world; these Gentlemen are very agreable to the Gentlemen and Inhabitants of these Islands, and I think at this juncture they ought to be gratefied, therefore hope your Lordships will have them confirmed. Signed, Daniel Parke. Endorsed, Recd. Dec. 17, 1706, Read Feb. 10, 1706/7. Holograph. 3 pp. [C.O. 152, 6. No. 72; and 153, 9. pp. 439–443.]
Oct. 5.521. Mr. Thurston to the Council of Trade and Plantations. The disbursements of the Commanding Officers at Newfoundland for provisions have arisen cheifly by the late arrival of H.M. provisions from England. Proposes that in such case the officer be obliged to repay himself out of the provisions when they do arrive. However the yearly provision from England may for the future be reckoned on from every 1st of Nov. As making good damaged provisions has been sometimes found a charge upon H.M., Commodores may be directed to make a strict survey of provisions on their arrival, and make good out of ships of war. Provisions for prisoners, or the case of Capt. Moody can be brought under no regulation. The present allowance for contingencies, 50l. yearly, is designed only for fire and candle for the company, and found, since the late encrease of the garrison, to be too little for that service. Signed, J. Thurston. Endorsed, Recd. Read Oct. 8, 1706. 3 pp. [C.O. 194, 3. No. 168; and 195, 4. pp. 291–293.]

Footnotes

1 Spelt Fenwick in account of Nov. 19.