America and West Indies: February 1700, 16-20

Pages 73-78

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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February 1700

Feb. 16. 132. Dr. Cox to the Council of Trade and Plantations. Being taken very suddenly and violently with an erisipelas yesterday, I am not in a condition to appear before your Lordships. Mr. De Sailly, chief Agent for the French refugees next to the Marquis de la Muce, will attend, that he may understand what part of His Majesty's dominions in America you recommend, they being agreed to be determined by your Lordships. The Commissioners for the Collect, particularly his Grace of Canterbury, desire the same, and having received your approbation, would immediately dispose among them such part of the charity money as they have already agreed, to fit them for their voyage. In the meantime I doubt not by the grace of God to prevent the French settling in any part of the river we have discovered, though at the expense of half my estate. And I doubt not your Lordships will at least tacitly approve my being more concerned for my dear country than for the interest of foreigners, the most dangerous neighbours, as many of our Plantations have found during the late war, or that you will not exercise the power where-with you are entrusted to discourage and crush my undertaking. Signed, Dan. Cox. Endorsed, Recd. Read Feb. 16, 1699/1700. 1 p. [Board of Trade. Proprieties, 5. No. 16; and 26. pp. 166, 167.]
Feb. 16.
133. Circular letter from the Council of Trade and Plantations to Governor Grey. We enclose a copy of the Order in Council, Jan. 18, signifying His Majesty's pleasure relating to the granting of letters of denization by Governors. Signed, Stamford, Lexington, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Abr. Hill, Geo. Stepney. PS. Feb. 21. A letter having been communicated to us from Hen. Munday, Commander of the John Hopewell of London [see Cal. 1699], who has been plundered upon the coast of Guinea, by a pirate named Henry King, who formerly used the Pennsylvania trade, and nine of his men having run away with King, we send you their names, that if any of them happen to come into your Government you may cause them to be apprehended. Names of Munday's men: — Nicolas Gillebrand, Jno. Burton, Leonard Rawlings, Edwd. Arterbery, Emanuel, a Portugese, John Sanders, Wm. Parker of Sunderland, Jno. Harris of London, Fran. Brown, a negro. [Board of Trade. Barbados, 45. p. 27.]
134. Similar letter, mutatis mutandis, to Sir Wm. Beeston, Governor of Jamaica. [Board of Trade. Jamaica, 57. pp. 14, 15.]
135. Similar letter, mutatis mutandis, to Nathaniel Blakiston, Governor of Maryland. [Board of Trade. Maryland, 9. pp. 480, 481.]
136. Similar letter, mutatis mutandis, to Samuel Day, Lt. Gov of the Islands of Bermuda. [Board of Trade. Bermuda, 29. p. 257.
137. Similar letter, mutatis mutandis, to Richard, Earl of Bellomont, Governor of Massachusetts Bay, New York and New Hampshire. [Board of Trade. New York, 54. pp. 88, 89; and New England, 37. pp. 396, 397.]
138. Similar letter, mutatis mutandis, to the President and Council of Nevis. [Board of Trade. Leeward Islands, 46. p. 32.]
139. Similar letter, mutatis mutandis, to Francis Nicholson, Governor of Virginia. [Board of Trade. Virginia, 37. p. 382; and Plantations General, 35. pp. 175, 176.]
Feb. 16. 140. Minutes of Council of New York. Ordered that the Mayor, J.P.s and High Sheriff of Albany take effectual care to see the order of Dec. 21 last, forbidding the transport of horses to Canada, duly executed.
Payment to Cornelius Vanderbeek for the funeral expenses of nine soldiers ordered.
Daniel Latham, shipwright of New York, examined, and, being a Quaker, declared solemnly that he was employed by Mrs. Smith, the wife of English Smith, one of Capt. Kidd's crew, to bring East India goods from Standford in Connecticut to her at New York. [Board of Trade. New York, 72. pp. 295, 296.]
Feb. 17.
141. Minister of the Duke of Courland to the King. M. le Duc. as guardian and administrator of his nephew, Frederick William, Duke of Courland, is about to establish a new colony in Tobago. In accordance with the treaty between King Charles II. and the late Duke James of Courland, providing that the island under the protection of your Majesty must be peopled either by English subjects or Courlanders, M. le Duc has made a contract with some of your Majesty's subjects, of which I enclose copies, and of which he begs your approval. Signed, Jean Christoffer Prœtorius. Addressed to M. Secretary Vernon. 2 pp. French. [America and West Indies. Tobago, 633. No. I.]
Feb. 19.
142. William Popple to Josias Burchett, enclosing, for the information of the Admiralty, Lord Bellomont's suggestions about Naval Stores (Ap. 17, Aug. 24, Oct. 20, 1699). [Board of Trade. New York, 54. p. 90.]
Feb. 19.
143. Journal of Council of Trade and Plantations. Ordered that Sir Edmund Andros be desired to attend the Board to give what information he can about the ancient right and privilege of the city of New York to be the sole port upon Hudson's River to the exclusion of the Jerseys from their pretence to a right of constituting a port at Perth Amboy.
Mr. Brenton said that he had already acquainted the Admiralty that, as regards the alleged waste of trees in New England and New Hampshire, he believes the informer is mistaken. He does not know that any trees above 24 inches diameter at 24 inches from the root, which is the size reserved by the Massachusetts' Charter, had been cut down, except in the grounds of particular private persons, to which they have a right. He added that the inhabitants of those parts can never transport the trees they cut to the places where they make use of them but in time of thick snow, and that whenever they go out to do it, his Deputy, Mr. Jecabod Plaisted, who is the same person that has contracted with Mr. Wallis for masts for H.M. Navy, or some appointed by him, goes out along with them. Though there was no reservation in the New Hampshire Grant, yet, by ancient custom before that grant, the reservation for His Majesty's use is understood to be the same there as in the Massachusetts Bay.
Mr. Desailly granted, as a certificate of their Lordships' opinion, an extract of the Minutes, Feb. 16.
Feb. 20. Representations relating to Bermuda ordered to be sent to the Council on Thursday next.
Letter from Henry Munday, Nov. 13, 1699, about pirates on the coast of Guinea, read. Their names ordered to be sent to the Governors in a circular letter.
Dr. Cox laid before the Board a grant of Norfolk County in Virginia by Sir John Harvey, Governor of Virginia, to the Lord Matravers, Jan. 22, 1637, from which he said his title to that county is derived. Copy kept.
Some memorials relating to the petition to the House of Commons against the Earl of Bellomont were laid before the Board. Mr. Secretary Vernon was desired to consult with the Board to-morrow. [Board of Trade. Journal, 12. pp. 378–381; and 97. Nos. 33, 34.]
Feb. 20. 144. Copy of the Patent of Henry, Lord Matravers for the county of Norfolk in Virginia, Jan. 22, 1637. Signed, John Harvey. Endorsed, Communicated to the Board by Dr. Cox, Feb. 20, 1699/1700. 4¼ pp. [Board of Trade. Virginia, 8. No. 3; and 37. pp. 383–388.]
Feb. 20. 145. Memorandum of above. ½ p. [Board of Trade. Proprieties, 5. No. 15.]
Feb. 20.
146. Mr. Secretary Vernon to the Council of Trade and Plantations, referring for their opinion the petition of the Marquis de la Muce. Signed, Ja. Vernon. Endorsed, Recd. Read Feb. 23, 1699/1700. 1 p. Enclosed,
146. i. Petition of the Marquis de la Muce, Mr. de Sailly and other Protestant refugees to the King. The Attorney General has reported that Daniel Coxe is the present legal proprietor of Norfolk County, Virginia, granted 1637 to Lord Matravers. The Proprietor hath articled with petitioners for a tract of land in the said county. We humbly request your Majesty to recommend us unto the Governor of Virginia and to grant us some encourage- ment and assistance for many of those poor distressed refugees, who would readily embrace this undertaking, if petitioners were not unable to advance the charges necessary for transport and settlement. 1¾ pp. [Board of Trade. Virginia, 8. Nos. 4, 4.i.; and 37. pp. 388–390.]
Feb. 20.
147. Edward Randolph to the Council of Trade and Plantations. It was the 24th Jan. before we had a Commission from Mr. Day and his Council, (such as it is), to receive depositions upon oath to prove the matters represented in your report, July 20. Although by the Lords Justices' order any one of us therein mentioned are directed to receive such depositions, yet we went to St. George's Town, Jan. 31, where Mr. Jones dwells, as did also divers who lived in the country, on purpose that he being a stranger, and, as we hoped, an impartial man, might be present to join with us in receiving their depositions, who were then sworn before us all, and all of us did then attest them, which were presently delivered to Capt. Gilbert, bound to Barbados, to be transmitted to you. Mr. Jones demanded copies, which we were unwilling to grant, not finding that we are by their Excellencies' Order commanded to so do: besides, we should thereby expose several of the deponents to the malice and oppression of Mr. Day, who is strictly charged by the said order to use no illegal and indirect practices to hinder Mr. Jno. Dickinson or any other person from repairing to England in order to clearing up the said matters, but they who go about to prove those matters here run themselves into a gaol, if it can be made appear they have sworn against him, and they must lie there during his and Mr. Nelson's (the Chief Judge) pleasure. Yet, that Mr. Day might have no pretence to protract the time, his last shift, thereby to avoid sending his answers in writing, we soon after drew up a paper containing the matters of fact proved against him in the depositions and communicated it to Mr. Jones to have him sign it and join in the delivery to the Governor. He refused, but we presented it the 20th, which is 6 or 7 weeks before any vessel will be ready to sail. Mr. Jones being the Secretary and Provost Marshall (offices inconsistent to be entrusted in one person under the Governor's check), is therefore necessitated to court his favour, otherwise he would make little benefit of his places, neither permitted to execute either of them until he had given 1,000l. security, at least, for his faithful discharge, as has been done by his predecessors, but the Governor connives, though against the sense of the inhabitants, who are greatly dissatisfied that the records of all their estates should lie in the hands of a stranger until secured by sufficient bonds, and from hence it is that Mr. Jones has obstructed the main end for which the Commission was intended. Besides, he has told us that he cannot act with safety to himself, because (being by his office of Provost Marshall the Sheriff), he is finable 500l. if he acts as a Justice of the Peace during his being Sheriff. Signed, Ed. Randolph, Anthony White. Addressed and sealed. Endorsed, Recd. 24, Read 28 May, 1700. 1½ pp. Enclosed,
147. i. Abstract of above. ½ p.
147. ii. Copy of deposition of Edward Randolph. Governor Day refused to admit a Collector of Customs, Samuel Spofferth, appointed by him, and put in Thomas Brookes, a creature of his own. He imprisoned Randolph. 2½ pp. Endorsed, Recd. May 24, 1700.
147. iii. Copy of commitment of Edward Randolph, May 16, 1699. 1 p.
147. iv. Copy of Chief Justice Nelson's warrant for committing Ed. Randolph, June 8, 1699. 1 p.
147. v. Copy of proceedings of Quarter Sessions, July 13, 1699, against Mr. Randolph. Grand Jury at Hamilton Flats: — Samuel Daffye, Samuel Harvey, Nathaniel Waterman, Capt. Henry Harvey, Capt. John Peasly, Capt. Benjamin Wainwright, Capt. Cornelius Hinson, Thomas Mynott, Wm. Watlington, Thomas Bostock, Capt. George Darrell, Daniel Styles, William Bryan, Joseph Hinson, Jonathan Birch. Bailiffs: — James Barry, Sampson Potter, Robert Skinner. Jury of twelve: — Daniel Tucker, Joseph Cox, Paul Vaughan, Richard Stamers, Benjamin Wood, William White, Nathaniel Prudden, Adam Eve, St. John Harvey, Thomas Gibbs, Daniel Hutchings, Wm. Outerbridge, jun. 2½ pp.
147. vi. Copy of proceedings at the General Assizes, Dec. 8, 1699, upon Mr. Randolph's imprisonment, with his discharge by Mr. Nelson. 2¼ pp.
147. vii. Copy of deposition of Samuel Spofferth as to the proceedings relating to Mr. Randolph's imprisonment. 3½ pp.
147. viii. Deposition of Col. White about his imprisonment by Gov. Day, and his bail being refused. Signed, Anthony White. ¾ p.
147. ix. Copy of deposition of Samuel Spofferth as to Col. White's detention in prison. 1¼ pp.
147. x. Copy of deposition of Jon. Dickinson. Mr. Gilbert Nelson refused to take any bail for Col. White except that of his son-in-law (deponent) and Charles Walker. Deponent was thus prevented from sailing for England. ¾p.
147. xi. Depositions of Messrs. Randolph, Walker, White and Harford as to Gov. Day refusing to give reasons for his discharging the last three from being members of Council. Signed, Cha. Walker, Anthony White, Thomas Harford, Ed. Randolph. 1 p.
147. xii. Copy of a paper delivered to Mr. Day by Messrs. Randolph and White, containing the abstract of the depositions taken by them. 2¾ pp. Nos. iii. – xii. Endorsed, Recd. May 24, 1700. [Board of Trade. Bermuda, 4. Nos. 15, 15.i. – xii.; and (without enclosures) 30. pp. 3–7.]
Feb. 20. 148. Minutes of Council of Barbados. Bill for raising a levy amended, passed and sent down. 450l. 14s. 4d. paid to Thomas Sadleir for money expended by him for charges of three Grand Sessions; 115l. to Edward Arnell, and 36l. to Richard Turner for accommodating the late Court of Grand Sessions.
Alexander Skene and his Counsel heard. Attorney and Solicitor General ordered to issue summons for all persons that can give any account of his birthplace. [Board of Trade. Barbados, 65. pp. 490, 491.]