America and West Indies: August 1700, 26-29

Pages 494-505

Calendar of State Papers Colonial, America and West Indies: Volume 18, 1700. Originally published by His Majesty's Stationery Office, London, 1910.

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August 1700

Aug. 26. 735. Minutes of Council of the Massachusetts Bay. Payment of Corporal Daniel Andrews and nine troopers, that served under him on His Majesty's service at Aimsbury last spring, ordered. [Board of Trade. Massachusetts Bay, 2. p. 12.]
Aug. 26. 736. Journal of Council of Trade and Plantations. Mr. Randolph attending as desired, said that, he himself having been a prisoner in Bermuda at the same time with Daniel Smith, had understood from him that he had never been of Every's crew, but only happened occasionally to come passenger in Every from Madagascar to Providence, upon which occasion however he was accused and tried in Providence for piracy, and was there acquitted, during the Government of Mr. Trott; and that he had a record thereof, as likewise a certificate under the hand of Capt. Webb, the succeeding Governor. Mr. Randolph was desired to give notice to Smith to send the said certificate to be exhibited to this Board to-morrow morning.
Mr. Randolph also laid before the Board an affidavit made by Col. William Outerbridge, one of His Majesty's Council of Bermuda, July 12th, relating to Mr. Day's not suffering affidavits to be taken in that island without his knowledge, which was read, and a copy ordered to be kept of it.
A letter from Thomas Harford, Samuel Spofferth and John Dickenson, together with an affidavit of Charles Walker of Bermuda, June 25th, signifying Mr. Day's refusal to obey His Majesty's Order in Council, Nov. 2nd, 1699, received from Mr. Mears and read. Ordered that a copy thereof be made, and a letter prepared to transmit the same to Mr. Secretary Vernon.
An Act of the General Assembly of Jamaica, for entailing a parcel of land upon Edmund Edlyn and his heirs, etc., being received lately from Mr. Gilbert Heathcote, ordered that the same be sent to Mr. Solicitor General for his opinion.
Letter from Sir William Beeston, June 16, in answer to what writ him March 5th, relating to the petition of John Smith of Biddeford, about the sale of the Pearl at Jamaica, was read.
Minutes of Council of Nevis, Dec. 29, 1697–Dec. 12, 1699, received lately from Mr. Povey, were laid before the Board.
Aug. 27. Mr. Randolph exhibited to the Board a copy of the record of Daniel Smith's trial and discharge for piracy in the Bahama Islands, under the public seal of those islands, and the hand of the then Governor Trot, as likewise a certificate from the late Governor Capt. Webb, to the same effect, which were read.
Letter to Mr. Secretary Vernon enclosing a copy of the letter from Bermuda mentioned in yesterday's Minutes, concerning Mr. Day, was signed and sent.
Mr. Solicitor General's reports, Aug. 9th, upon the Acts of New Hampshire, Aug. 7th and Nov. 21, 1699, were read, and the said Acts also read and considered. Directions given to prepare a representation wherewith to lay the same before the Lords Justices. [Board of Trade. Journal, 13. pp. 160–164; and 97. Nos. 148, 149.]
Aug. 27.
737. Council of Trade and Plantations to Mr. Secretary Vernon. We enclose the copy of a letter [from Thomas Harford, etc.] we have lately received from the Bermuda Islands, which conteyning a fresh account of Mr. Day's irregular conduct of that Government, and the apprehensions the people are under of his taking some violent course, makes us sensible of the necessity that Capt. Bennet be dispatched to that post so soon as possible. We have sent our report, with a draught of his Commission and Instructions, July 30th, to be laid before their Excellencies, the Lords Justices in Council. Signed, John Pollexfen, Abr. Hill, Geo. Stepney. [Board of Trade. Bermuda, 30. pp. 54, 55.]
Aug. 27.
738. William Popple to Sir John Hawles. Enclosing for his opinion an Act of the General Assembly of Jamaica, entailing a parcel of land upon Edmond Edlyne, etc. [Board of Trade. Jamaica, 57. p. 96.]
Aug. 27.
James City.
739. Governor Nicholson to the Council of Trade and Plantations. I did myself the honour on the first instant to write to your Lordships, which I hope in God you will receive, with the box of Journals, papers, etc. According to my duty I then endeavoured to give your Lordships an account of this His Majesty's Colony and Dominion, as I shall, God willing, do now. The Council met on the 8th inst., but so few of the gentlemen coming, little business is done; but it is further referred. I have appointed the Council to meet me here on the 3rd of next month, but I am afraid that there will not be a full meeting, by reason that this is the sickly time of the year, and at present it is more than usual, which I suppose is caused by the long and wet seasons and somewhat of a drought and uncertain weather since, and the fruits of the trees and ground not being seasonably ripened, but, I thank God, as yet not many die. I hope we shall have one good day's rain to wet the earth very well, and after it a swinging north-wester for two or three days, which usually clears the air and makes the healthful weather at this time of the year. In the enclosed proceedings of Council you may be pleased to see what was done about the French Refugees, and (from this and other enclosures) what concerning the Mary Ann since they came. If this ship should not be condemned here for want of good proof, yet I hope she will in England, for, with submission, if such ships should escape upon the quibbles and niceties of law, no doubt 'twould be a president for others, and may be there are more ships in the like circumstances. I intend by this conveyance to send to the Commissioners of Customs the duplicate of M. de Sailly's deposition, etc., as also of Mr. Attorney General Fowler's state of the case, etc., with what I now write to your Lordships, and humbly propose that H.M. Attorney and Solicitor General should give their opinion upon this case, for our Judge and Lawiers will not pretend to be extraordinary knowing in such cases, and it may so happen that we may have some other ship under the like circumstances. I enclose the trial of the sloop George, Joseph Forrest, Master; also lists of ships. I have sent duplicates of these to the Commissioners of Customs. I thank God that we have had no disturbance from pirates. Captain William Passenger, H.M.S. Shoreham, keeps cruising with her. I transmit a copy of his last letter to me; I have writ him that I intend to lay it before the Council on Sept. 3rd, and then I suppose we shall give the necessary orders for careening, as he proposes. I intend, God willing, to go down early to-morrow morning to Kikotan in order to dispatch this letter by Capt. John Hendrix, Commander of the Providence, who came from Antego, be takes in some tobacco here to complete his loading. This is the last ship that I know of designed for England till the new crop, there being only another left in Potomack; but suppose that the ships that will come from England this winter will sail as soon in the spring as she; and as for Capt. Hawes, his ship, I know not yet what will be done with her. I am in hopes of meeting Capt. Passenger at Kikotan, and then design to go on board H.M.S. Shoreham and give the necessary orders. I do not hear of any more negroes being come in, which I am sorry for, being they would make so much more tobaccos, which I hope would increase His Majesty's revenue; therefore wish that the African Company and others that trade thither would send in some, and that whilst the people have money to buy them, for it may so happen that if negro's don't come in within a year or two that people may dispose of their money some other way, which may not be to the augmenting His Majesty's Customs, but rather otherwise. From the enclosed letter from Mr. Henderson Walker, Deputy Governor of North Carolina, your Lordships may see what reports there are about Dr. Cox and his patents. I had some acquaintance with him, and I believe he is an honest gentleman and a very good doctor, but by what he told me concerning his ill success of his Jersey proprietorship, I thought he had done with all such projects; but I am afraid several people have abused the Doctor's good nature and generosity by telling him of strange countries and giving him maps thereof. The Marquis de la Muce and M. de Sailly told me how they came to be engaged with him and what ill success they had. I wish that he would come into these parts, and run out the bounds of his countries, and then I suppose he would have so much of the Continent of America that he would not care to come again. I suppose there is some mistake about those two patents, for I think there was no such man as a Duke of Norfolk in King Charles the First's time, and I have ordered our records to be searched, and have done so myself (but I formerly found, and do so now, that the old Records are not very perfect) but can find no such Patent granted by Governor Harvie in 1631. Now I humbly propose to your Lordships that some final end may be made concerning these patents, for our inhabitants, who border upon North Carolina, hearing such reports, makes them very uneasy, for I think nobody, who could help it, would willingly quit being His Majesty's tenant to be that of a Proprietor's, and the bounds being at present uncertain betwixt us and North Carolina, people do not much care to take up land on an uncertainty, for fear lest they should fall under proprietorship. But I beg leave to assure your Lordships that I will not be wanting in my duty to His Majesty's subjects both in protecting our inhabitants, and asserting His Majesty's right to the land, etc. Just now I received enclosed letter from Capt. Passenger; I am heartily sorry to hear that his men are so sickly; and I'm afraid that that ship will not be able to do His Majesty much service this Fall. I shall, God willing, hasten down to the mouth of this River, and all assistance shall be given to Capt. Passenger and his men by him who is, your Lordships' obliged, and obedient humble servant. Signed, Fr. Nicholson. Endorsed, Recd. 19th, Read Oct. 21, 1700. 2¾ large pp. Enclosed,
739. i. Abstract of preceding. 2¾ pp.
739. ii. Memorandum of Minutes of Council of Virginia, Aug. 28, 1700. ¼ p.
739. iii. Certificate of the following depositions. Signed, Fr. Nicholson.
739. iv. Copies of Depositions of M. Charles de Sailly relating to the Mary Ann. Jamestown, Aug. 22, 1700. I bought with Capt. George Hawes, the Mary Ann in London for 605l., paying 100l. for a fourth part on behalf of myself and partners, but finding that I could not hold part in it because I was a foreigner, at the request of Capt. George Hawes, I assigned my one fourth share to Capt. Moses Jaqueau, one of our Company naturalised, who gave me a receipt that I had paid the money out of our common stock and that he would not pretend to the said fourth part above his share according to the proportion of his contribution. We paid the freight and passage money to Capt. Hawes. Signed, Ch. de Sailly. Witnessed by C. C. Thacker, Edward Jaquelin, Wil. Robertson. Endorsed, Recd. 19th, Read Oct. 21, 1700. 2½ pp.
739. v. M. Charles de Sailly to Messieurs Jaqueau, Perraudin, Bouvot and Bellet in London. James Town, Aug. 22, 1700. Capt. Hawes treated us barbarously on the voyage, and allowed our property and provisions to be stolen or destroyed. In addition, he wished to make us lose our fourth share in the vessel, which has compelled us to sue him. I enclose my deposition for your confirmation as to the sale. We are, thank God, in a fine and beautiful country, where, after the first difficulties, we shall live well and happily. It is above the Falls of James River. I salute all the friends and brethren in Christ. Signed, Ch. de Sailly. Copy. 4 pp. French. Same endorsement.
739. vi. Report of the Attorney General upon the seizure of the Mary Ann, Capt. George Hawes, by Capt. Passenger, H.M.S. Shoreham, because he had heard M. de Sailly say that he and several other French Refugees, all foreigners, had a quarter part of the ship. In the absence of the Marquis de la Muce through sickness, the trial in the Admiralty Court was referred to Sept. 5th. On the point of law, I am of opinion that the ship, not being wholly and directly owned by Englishmen, is forfeited. The register cannot be taken as conclusive proof of ownership. Aug. 26, 1700. Signed, Barth. Fowler. 3½ pp.
739. vii. Copy of the Register of the Mary Ann, London, April 10, 1700. 1 p. Endorsed, Recd. 19th, Read Oct. 21, 1700.
739. viii. Copy of the trial of the Sloop George, Joseph Forest, Master, in the Admiralty Court, Elizabeth City County, June 5, 1700, seized by Capt. Passenger for importing goods though in part owned by a foreigner. Prosecution dismissed. 5 pp. Same endorsement.
739. ix. Memorandum of Naval Officer's list of Ships, June 24, 1699–July 25, 1700. ¼ p.
739. x. Extract of Col. Nicholson's letter to the Commissioners of Customs, Aug. 24, 1700. I have received your Honours' letter, Nov. 30, 1699, concerning Edwd. Hill, junr., his being Collector of the upper district of James River in the room of his father, but he was admitted and sworn Collector before, pursuant to your letter, Sept. 15, 1699. When Col. Richard Lee comes to town, which I suppose will be in Oct. next, I shall do as your letter, Ap. 17, 1700, directs concerning his being Naval Officer of the whole district of Potomack River; but the security he produced to me was only for Westmorland and Northumberland Counties, so I made him Naval Officer thereof, but there is another county on our side of Potomack River, which is Stafford, (of which I made Capt. Rice Hooe, a member of the Assembly, Naval Officer), and is the upper parts, and lies upon the river for nigh 80 miles, and altho' there be few ships that ride there, yet a great many sloops, etc., trade there from ships, who ride both of our side, and on Maryland side of Potomack, and sometimes in our rivers. Potomack River is but narrow in the upper parts of Stafford, so that there is an easy communication from Maryland, and with submission I think that there ought to be at least two Collectors and as many Naval Officers on each side of the river, for the upper parts now begin to be a place of great trade and the river is navigable and inhabited for above 150 miles. That your Honours will either send or appoint some person to succeed Peter Heyman in the Collectorship of the lower district of James River, and that he will be there early this Fall, is the hopes of Signed, Fr. Nicholson. Endorsed, Recd. Oct. 19, 1700. 1¾ pp.
739. xi. Capt. Passenger to Governor Nicholson. Kicotan, on board H.M.S. Shoreham, Aug. 19, 1700. I came in here to-day to sell the prize, and wood and water. Capt. Crow, H.M.S. Arundell, came on the 17th into Lynhaven Bay from New York, and sailed the 18th for South Carolina, and gave me the inclosed letter for your Excellency. If wind and weather permits, he will at his return call in here, and wait upon your Excellency. He set my Lord Bellomont ashore at New York, and at his return is to carry him to New England again. I have only to offer (may your Excellency think convenient) about the latter end of September to careen the Shoreham. She is at present very fowle, and the ruther is loose, which I fear before the next summer may be of a dangerous consequence by reason he fetches so much away, which cannot be removed without careening or lying ashore, which I presume there is no place in Virginia will admit of. Signed, W. Passenger. Subjoined, certificate as to the rudder, signed, James Barton, carpenter. Endorsed, Recd. Oct. 19, 1700. Read 22 ditto. Copy. 2 pp.
739. xii. (1) Col. Mason to Governor Nicholson. Aug. 19, 1700. Hearing of a man on board a small ship up the river that had been among the Indians for some time, I immediately sent up and got him off board and upon examination found him sparing of giving any information, so I committed him to the sheriff. On the 15th he was fully examined and the Court further committed him until your Excellency's commands be known, for our people are of opinion that he is a great rogue and if he had his liberty he would go to the Indians again. I thank God we have had no other disturbance since you were here, but everyone under great dread and fear, but few gone home as yet, some going quite out of these parts. The Rangers are careful in doing their duty. One of the officers is dead. Shall appoint another. Signed, G. Mason. Endorsed, Recd. Oct. 19, 1700. Copy. 1 p. Annexed,
xii. (2) Copy of information of Thomas Monck, 22. Aug. 15, 1700. Having been with those barbarous Indians at the Fort at the mountains, June, 1699, I saw one named Esquire Tom bring in a scalp, which I suppose they did hang upon a pole, they hollowing and singing in great measure for the space of two hours, he having eight Indians with him, all naked and painted and having only bows and arrows. The murther was done on the Maryland side, for at that time a man and his wife was murthered, the woman, I suppose, being carried away into the woods and there destroyed, for nothing of her did I see. I was informed by a young Indian that at the fall of the leaf in 1698 there was an English child brought into the fort, and several Indians was got round about it, the child crying out as they were torturing it, but in a short time they cried out Pocondamon, Pocondamon! which is as much as to say, knock him on the head. These words being said, the child cried no more. I was informed by Choptyco Robin in his lifetime, that the Emperor was about to hire men to anoy the English and that they would kill some of them; if his own men were unwilling, then he would hire the Sinnachars, that are at the back of them, but he said the Emperor had no need to do that, for there was Esquire Tom and his men was ready to do any mischief, and further he bid me to be sure not to go up to the mountains in June and July, for if you do, then perhaps the Emperor will deliver you up to the English as the murderer. Several other Indians told me the Emperor would do mischief at the head of the river this summer, in the year 1698. I was to be concerned in a murder with Squire Tom and eight more of his company of Thomas Pearson and family, and another family of one Humphry Peake, but was prevented, for, in coming down, Squire Tom, consulting of the business, thought it not convenient to cut off two families at once, and his reason was that, while they were about the last, they should be surprised. He said "It is better for us to kill the women and children; that is easier done, and our pay is as great for a child as a man," and then did nominate and appoint to cut off Thomas Barton's family, and viewed the house and plantation. A week after the murder was committed of said family, two young Indians told me Esquire Tom was gone a great way off for fear of the English. They said he was at the head of the River at the committing of the murder, with 8 of his men. There is a Frenchman amongst the Emperor's Indians.
xii. (3) Governor Nicholson to Lieut. Col. Mason. Ordering Monck to be sent to James Town to be examined by the Council, if possible by Sept. 3, together with depositions of witnesses against him. On Sept. 4 I design to begin my journey for your parts. I hope I have got a boat ready, by help of which and others, I hope to get my horses over Potomack to Col. Addison's, in order to my going to Annapolis. I am very glad to hear you are all in peace. I am very well satisfied that ours and the Maryland Rangers see one another once a week, which I hope they will continue to do. And I would have you give Col. Addison a full account of all affairs. Enclosed is a letter for Governor Blakiston, with a copy of your letter about Monck, which must be sent to Col. Addison, and you may desire him to let you know if anything happens there concerning the Indians. As to what you write concerning Parson Waugh, I believe to be true. His Majesty's Attorney General is to take care of those affairs. Copy.
xii. (4) Governor Nicholson to Governor Blakiston. James Town, Aug. 23, 1700. Enclosing Col. Mason's letter, etc. I hope in God to be with you at the time appointed. I was very glad to hear that Capt. Hill was gone up to your Excellency's Government. Signed, F. N. Copy. The whole endorsed, Recd. Oct. 19, 1700.
739. xiii. Deputy Governor of North Carolina to Governor Nicholson. North Carolina, Aug. 12, 1700. We have lately heard that Col. Inglesby is coming in here our Governor. Since which we have had advice from Mr. Perry, who gives account that himself and Col. Ludwell waited on one Dr. Cox, who shewed them a patent granted by Charles I. to the Duke of Norfolk enrolled in Chancery now confirmed, including from the south branches of Nansemond to 35 degrees and two degrees westerly, which takes in our Province, and that there was a patent for a great part of the land called Norfolk granted from Governor Harvey in '31 to a son of the Duke of Norfolk, that Dr. Cox had some dispute with the Proprietors, of which, if your Excellency hath any advice, be pleased to honour me with it by ye bearer. Signed, Hender: Walker. Mr. Perry tells us that by reason of the said patent supposes it will be under your Excellency's Government of Virginia, which if so will be abundant satisfaction to myself, and that His Majesty had paid the passages of a great many French Protestants, who were to be settled by Dr. Cox in Pampticoe. H. W. Endorsed, Recd. Oct. 19, 1700, Read 22 ditto. 1½ pp. Copy.
739. xiv. Capt. Passenger to Governor Nicholson. Aug. 23, 1700. On the 20th instant I went to Elizabeth Town to sell the ship, but nobody cares to buy her, believing I cannot make a good title to her. Forty of the best of my men are sick. One died last night, and several more are very near that fatal stroak, and, forasmuch as the King allows every sick man 7 shillings a week ashore for their better support in England, I beg your Excellency to order somebody about Hampton that my poor men may be taken ashore on the King's account, and the money will be paid by the Commissioners of the sick and wounded seamen, as soon as the account sent for England. Signed, W. Passenger. Endorsed as preceding. Copy. 1¼ pp. [Board of Trade. Virginia, 9. Nos. 2, 2.i.–xiv.; and (without enclosures), 38. pp. 49–58.]
Aug. 28. 740. Journal of Council of Trade and Plantations. Several papers, transmitted by Mr. Day to Lord Jersey (July 12), communicated to the Board by Mr. Secretary Vernon, read. Ordered that a copy be kept of the deposition of Daniel Johnson, junior.
Directions given for a representation upon the late reference from the Lords Justices relating to Smith.
Copy of an Order of Council, May 21, for recalling Mr. Day, and copy of Mr. Secretary Vernon's letter to Mr. Day of the 23rd, communicated to the Board by Mr. Vernon, read.
Mr. Solicitor General's report upon an Act of the General Assembly of Antego relating to Mr. Henry Symms, Sept. 1, 1697, read, and the remainder of the Acts reterred to him, Aug. 8, read and considered. Directions given for a representation upon them, when the remainder of the Acts of the Leeward Islands now before the Board have been considered also.
Aug. 29. Representation upon the case of Daniel Smith signed.
Mr. Solicitor General's report upon Acts past in the General Assembly of Antego, 1697, read. Some of the said Acts read and considered.
A letter from Mr. Gilbert Heathcote, relating to the Customs on pitch and tar, and to the names of some persons to supply vacancies in the Council of Jamaica, was now received and read.
Aug. 30. Remainder of the Acts of Antego, 1697, considered. [Board of Trade. Journal, 13. pp. 164–167; and 97. Nos. 150–152.]
Aug. 29.
741. Council of Trade and Plantations to the Lords Justices. In obedience to your Excellencies' commands, we have considered the petition of Daniel Smith and the papers thereunto annexed relating to his imprisonment in Bermuda for piracy, and his being now sent over hither in custody upon that account by Mr. Day, the present Lieut. Governor of the Bermuda Islands. We humbly report that the said Smith, having been committed to prison there by warrant of the said Governor, Dec. 22, 1698, expressing him to be a known, notorious pirate and sea-robber, and having upon that commitment lain in prison near 12 months, and some part of that time in irons, but no prosecution being made against him, he was in the end, upon his petitioning for a trial, admitted to bail till the next Quarter Sessions, and then, Jan. 18, 1699/1700, no person appearing to inform against him, he was discharged by proclamation. Nevertheless, on April 12, he was again imprisoned by warrant from Mr. Gilbert Nelson, Chief Justice, for having committed piracy upon the high seas, and remained in prison, without trial or prosecution, till July last, when he was put aboard the Marygold by order of Mr. Day, in custody of Capt. Leonard White. Mr. Day has not given us any account of his having thus sent over the said prisoner, or of the particular crimes wherewith he stands charged, but Mr. Secretary Vernon having communicated to us, upon this occasion, some papers transmitted by Mr. Day to the Earl of Jersey, July 12, we do find amongst the rest a deposition made by one Daniel Johnson, junior, Jan. 12, 1698, wherein he declares that Daniel Smith had told him that he had been lately in the East Indies, where, meeting with the Fancy, whereof Capt. Every was Commander, and the vessel, in which he, Smith, then was, proving leaky, he went aboard the Fancy, and meeting with a vessel at sea they took her, and were informed by her of another large vessel of great value, which they also engaged and took, and had for each man's share about 1,200l. in silver and gold, and that the first land they came to was Eleutheria, one of the Bahama Islands, and then to Providence, another of the said Islands. We have been also informed that Smith after his arrival at Providence, during the Government of Mr. Nicholas Trott, was thereupon tried for his life and acquitted, and in confirmation thereof he has sent and exhibited to us a copy of the record of the said trial and discharge, under the public seal of those Islands and the hand of the then Governor Trott, as likewise a certificate of his having been so tried and acquitted, under the public seal and hand of the late Governor, Capt. Webb. We have in our hands a deposition made here by Wm. Brice, late Deputy Marshall of the Bermuda Islands, declaring, as Smith sets forth in his petition, that Day had employed him in treating with and proposing to Smith, whilst a prisoner in his hands, that if he would pay him 100l. he should be tried there and acquitted, but otherwise be sent over to England and hanged, but that Smith refused. It having been also represented to us in Smith's behalf that he only occasionally took his passage homewards in Every's ship from Madagascar, and was not concerned in any of the piracies committed by Every, we humbly offer to your Excellencies that the truth of that matter of fact may best be known by the records or memorials that remain in His Majesty's High Court of Admiralty relating to the trials of others of Every's crew, and by the evidences that were produced against them, and that the validity of the foresaid trial in the Bahama Islands for the absolute discharge of the said Smith may most properly be determined by the learned in the Law. Signed, John Pollexfen, Abr. Hill, Geo. Stepney, M. Prior. Enclosed,
741. i. Deposition of Daniel Johnson, junr., mariner, Jan. 12, 1698. Abstracted in preceding representation. Signed, Daniel Johnson, junr. Endorsed, Communicated to the Board by Mr. Secretary Vernon. Recd. Read Aug. 28, 1700. Copy. 1 p. [Board of Trade. Bermuda, 30. pp. 58–63; and (without representation), 4. No. 41.]
Aug. 29. 742. Lieut. Lilburne to Wm. Blathwayt. By the incloased papers you will fiend how I have been yoused by the Irish cabal which abounds very much in this land, my engsien being one maikes me be haited, although I have done by them, when occation required, to the utmost of my endevouers to searve both English and Irish without any exception; but being I go seldom to any of the public houses, I am not for them. It will not agree with my constitution to sot and drink, and is no wayes commendable in any man, much more in a Commanding Officer. I have by Col. Handisied's letter none but your honor to rely on to be my friend. It would be very convenient to send some men to relieve; some of the company what caieme the last year were sick, or had not sent any of them back. Signed, W. Lilburne. Endorsed, Recd. Read Oct. 23, 1700. 1 p. Addressed, A Letter to Wm. Blanthwayt, Esq. Enclosed,
742. i. Abstract of preceding letter and of the papers enclosed. 2¼ pp.
742. ii. Muster-roll of the Company at Newfoundland, Aug. 29, 1699. 1 p.
742. iii. Muster-roll of the Company at Newfoundland, Aug. 29, 1699. 1 p.
742. iv. Copy of complaints against Lieut. Lilburne per Ensign Humphrey Haven. (1) When the fort took fire, he got his chest out and there stood crying and wringing his hands and never offered any assistance. (2) He applies the money the King allows for fire and candlelight to his own use. (3) He lays in Irish shoes and stockings and obliges the soldiers to buy of him only at excessive rates, and permits them to sell them again to the inhabitants. (4) He seized a runaway servant, but set him at liberty again for two guineas. (5) He would not grant any warrant for bringing people before him, without first receiving 18d. (6) He threatened the Ensign for telling him he used the soldiers like slaves. (7) One Clark, coming to complain of his servant, was not suffered to speak, but was clapped in irons. (8) Last year he would not suffer a Captain to keep his fishing place, which obliged him to go to another harbour. (9) He imprisoned and otherwise ill-used Mr. Ben, a merchant. 1¾ pp.
742. v. Lieut. Lilburn's reply. I stayed in the Fort till I was ordered out, and but for me the men would have been burnt in their beds. (2) The King's allowance was always properly laid out. There was no want, but to supply the Ensign's and others' extravagances. (3) I never obliged the soldiers to buy of me, nor imposed on those that did. (4) I received nothing from Capt. Richard's man, but let him go because otherwise I should have had to keep him all winter. (5) I never took money for warrants, though sometimes skins, etc., have been presented to me. (6) I made the soldiers work at palisades, for which I gave them drink and provisions. The Ensign would have made them mutiny. (7) and (9), My treatment of Clark and Mr. Ben was occasioned by his abuse of me. (8) Untrue. (9) The Ensign when drunk has often drawn his sword and tried to stab me, and falls a beating of the soldiers. 3 pp.
742. vi. W. Lilburne to Capt. Stoford Farburne (Fairborne) H.M.S. Tilbury. Aug. 14, 1700. I am sorry I should commit anything to displease you, so as to cause a confinement. Wherein I have disobeyed your commands I am a stranger, or what power Capt. Richards has to take from me the command of the Company. The provisions for which I am responsible have arrived and no care is being taken of them. Signed, W. Lilburne. Copy. 1 p.
742. vii. "A copy of the yousidge (usage) whilst in confinement 28 days." Lieut. Lilburne's account of his being suspended from command by Capt. Fairborne and confined to his chamber, after fighting a duel with Capt. Holsworth. Very incoherent. Signed, W. Lilburne. 2½ pp.
742. viii. Certificate of Masters of Ships in favour of Lieut. Lilburne. St. John's, Aug. 17, 1700. 39 signatures. 1 p. [Board of Trade. Newfoundland, 4. Nos. 15, 15.i.–viii.]