America and West Indies: April 1702, 21-25

Pages 249-269

Calendar of State Papers Colonial, America and West Indies: Volume 20, 1702. Originally published by His Majesty's Stationery Office, London, 1912.

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April 1702

April 21. Capt. Povey acquainted their Lordships that he has received a Commission from H.M. to be Lieutenant-Governor of the Massachusetts Bay, which he shewed to the Board, and a copy was taken of it. He acquainting the Board that he was to imbark in a few days on board H.M.S. Centurion and that Col. Dudley is already gone down to Portsmouth to imbark in the same, ordered that the several letters in this Office now ready to be sent to H.M. Governors on the Continent of America be delivered to him for conveyance.
Letter from Mr. Burchett, April 18, read. Orders of Council, March 26, relating to Newfoundland, laid before the Board. Draught of Instructions for the Commodore ordered to be prepared, and that the letters now ready for H.M. Governors of the Islands be sent to Mr. Burchet.
Ordered that the Newfoundland Agent be sent for to inform the Board what progress has been made in the several Offices and otherwise, relating to the provisions, materials etc. to be sent to Newfoundland.
April 22. Mr. Thurston's reply to above read. He was directed to continue his care for the dispatch of all, and when done to lay before this Board a particular account of what shall have been sent from each Office; and meantime to acquaint their Lordships on Friday or Saturday next whether the sending of a boom (as directed) do go forward or no.
Letter from Mr. Adderly and Mr. Lodwick read.
Draught of Instructions for the C. in C. of the Newfoundland squadron agreed upon and ordered to be sent to Mr. Burchet, in addition to last year's enquiries and papers relating to the complaint against Mr. Thurston.
Paper from Mr. Burchet, containing the names of H.M. men-of-war bound to Newfoundland, was laid before the Board.
The Memorial of Mr. Adderly and Mr. Lodwick, April 16, was taken into consideration. Copies of the warrants for the commitment of Mr. Hutchins and Col. Bayard ordered to be sent to Mr. Attorney General for his opinion.
Mr. Adderly and Mr. Lodwick and Mr. Champante attending, the two first explained that they have not received either original or copy of any of the three Addresses for which Col. Bayard and Mr. Hutchins are imprisoned, and that the two copies of an Address to the King and an Address to the House of Commons delivered to the Board amongst other papers, April 16, are of anciente date, and do not concern the matter now in question.
Directions given for preparing a Representation to H.M. upon this matter. [C.O. 391, 14. pp. 418–430; and 391, 96. Nos. 71, 72.]
April 20. 358. Minutes of Council of Virginia. Draught of a Proclamation for a public Thanksgiving to be kept at the College of Wm. and Mary by the General Court and the Reverend Clergy on 23rd inst., and on May 7th by all the other Christian inhabitants. read and approved.
April 21. Major Arthur Allen took the oaths appointed as one of the Governors of H.M. Royal College of William and Mary. Robert Bolling, junr., sworn and confirmed as Surveyor of Charles City County.
April 21.
[? 22.]
Upon the petition of Charles Bartelott, Commander of the Virginian, complaining that Capt. Moodie had impressed two carpenters brought into the country by the petitioner for building a briganteen, ordered that Capt. Moodie forthwith release them, unless he show cause to the contrary. [C.O. 5, 1409. pp. 209, 210.]
April 21.
359. J. Burchett to Wm. Popple. Having not yet received the duplicates of orders lately sent by my Lords of the Council for Trade to the Plantations, and the two vessels appointed for carrying the same being ready to proceed, I thought it convenient to put you in mind thereof. Signed, J. Burchett. Endorsed, Recd. Read April 21, 1702. Addressed. 1 p. [C.O. 323, 3. No. 124; and 324, 8. p. 145.]
April 21. 360. Order of Queen in Council. Referring enclosed petitions to the Lords Commissioners of Trade and Plantations for their report. Signed, Edward Southwell. Endorsed, Recd. April 24, Read May 4, 1702. 1 p. Enclosed,
360. i. Petition of Jeronimy Clifford to the Queen. The States General of the United Provinces by their Resolution Oct. 6, 1700, has granted petitioner liberty to remove his effects and slaves belonging to his Plantation from their Colony of Surinam to your Majesty's Plantations in the West Indies provided (1) that the ships for transporting them sail from the United Provinces, and (2) that security be given that they do not touch nor trade on the coasts of Africa within the limits of their Company's Charter. It is impossible for Petitioner to comply with these limitations, by reason that the Proprietors of Surinam at Amsterdam, having a contest with Petitioner for the injuries done him in their Colony, have deterred all his friends in Holland from hiring any ships to him or being security for him. So that Petitioner is never like to get his moveables and slaves from Surinam for to cultivate the land he bought at Jamaica in 1685 for that purpose. Prays H.M. to interpose with the States General to allow him to send a ship or two from England or Barbados for that purpose, and also to grant him the same liberty as they granted the English who went from Surinam in 1674, 1675, pursuant to the 5th Article of Peace, made in 1674 with Major Bannister, and Edward Cranfield, and to discount the debts owing to him in Surinam against those debts that he may come to owe in that Colony, since he came last from thence in 1695. Signed, Jer. Clifford. 1 p.
360. ii. Jeronimy Clifford to the Queen. On Dec. 3, 1698, Petitioner obtained a judgment in the Court of Chancery in Holland against William Schouton, a Dutch Merchant, decd., for 3,750 guilders with interest at 4 per cent. To the effectual payment thereof an unusual clause is inserted in the judgment, that Petitioner must give sufficient security to indemnify Schouton from all demands hereafter. The Proprietors of Surinam [as above] prevent his obtaining that security. Petitioner on Aug. 27, 1700, laid his case before the Lords Justices of England, who referred it to the King at Loo, who ordered Mr. Blathwayt, his Secretary of War, to transmit it to [Alexander] Stanhope, his Envoy at the Hague, with directions to get the judgment paid. But hitherto he has not been able. To prevent petitioner prosecuting them any further before your Majesty, all the rest of his moneys in Holland, and the produce of his Plantations in Surinam has been detained for above four years, whereby he is reduced to the utmost extremity and is like to perish. Signed, Jer. Clifford. 1 p.
360. iii. Jeronimy Clifford to the Queen. Petitioner being an inhabitant of Surinam, 1667, and entitled to the Articles of Capitulation then made upon the surrender of that Colony by the English to the Dutch. Pursuant to those Articles, Petitioner intended in 1687 to transport himself and his estate to Jamaica, but the Governor and Council of Surinam, contrary to the said Articles and the 12th Article of the Treaty of Peace between England and Holland 1667, and the 5th Article of the Peace of 1674, by an Order of their Court prohibited Petitioner to remove or dispose of his estate, and appointed Trustees over him to take an inventory of his goods and slaves for that purpose, after which arrest, they caused several vexatious and unjust criminal prosecutions to be made against him, and especially in a frivolous suit concerning the sale of a Negro slave, they ordered their Fiscall to prosecute petitioner's life and confiscation of his estate, but thinking that proceeding to be too scandalous for to be excus'd, they laid an extravagant fine on him, and condemned him to seven years imprisonment upon his own charge in their Fort, where Major Bannister was putt in the like manner, without admitting petitioner to bail or to appeal, where Petitioner continued under inhuman usage near four years, to the great damage of his health, trade and estate, and then was delivered by His late Majesty's most gracious intercession with the States General. By these violent and hostile usages, and many other such-like prosecutions at Surinam, Petitioner has suffered above 35,000l. sterl. damages, besides the loss of his health, and the personal injuries, for which he has delivered an exact account of all particulars, first to the Governor and Council of Surinam, 1695, secondly to the Proprietor of that Colony at Amsterdam, 1696, thirdly to the States General of the United Provinces, Sovereigns of that Colony, in 1697, but cannot obtain any satisfaction. The States General have refused to appoint Commissioners to examine his account of damages and granting him liberty to remove his effects and slaves from Surinam, which, according to the Treaty of Peace 1667, the damages ought to be redressed within 12 months after demands of Justice, and by the Treaty of 1674 passes for removing his effects, etc., ought to be granted within 15 days after demanded. Instead, the States General pretend to strip Petitioner of this birth-right of an Englishman, and they have put a stop to all his money in Holland and his effects in Surinam for above 3 years. Prays for redress Signed, Jer. Clifford. Endorsed, Recd. March 26, Read April 21, 1702. 1 p.
360. iv. Copy of Jeronimy Clifford's claim against the Proprietors of Surinam [see preceding]. Signed, Jeronimy Clifford. Hague, Sept. 6, 1699. Printed. Dutch. 9¼ pp. [C.O. 388, 75. Nos. 51, 51.i.–iv.; and (without enclosure iv.) 389, 40. pp. 120–129.]
April 21. 361. Journal of Assembly of Bermuda. The House met and was adjourned till July 21. [C.O. 40, 2. p. 287.]
April 21.
362. William Popple to Mr. Burchett. Enclosing duplicates of Letters for the Proclamation of the Queen to be forwarded to the West Indies. The Duplicates of the Letters for the Continent which were sent you with the packet for Barbadoes, will be delivered to Capt. Povey, Lieut.-Governor of the Massachusetts Bay, who has acquainted this Board that he is to take his passage in H.M. ship now bound to those parts. As for the business of Newfoundland, the Lords Commissioners for Trade and Plantations are preparing a draught of some further Instructions to the Commander-in-Chief of the Convoy bound thither, to be added to the Heads of Inquiry, which will be sent to you in due time to be laid before H.E. the Lord High Admiral. [C.O. 324, 8. pp. 146, 147.]
April 22.
363. J. Burchett to William Popple. Acknowledging above. I shall send the packets to-night with orders to Capt. Thomas Legg, Express Advice-boat, to take to Barbadoes, and there stay till he has his dispatches from the Council, and then to return to England. The packet for Barbadoes I received March 21, was dispatched to Capt. Warren, the Martin ketch, the 25th following, that to Virginia was sent the same day I received your letter to Captain Dove, who commanded the squadron of ships gone thither. Signed, J. Burchett. Endorsed, Recd. Read April 25, 1702. Addressed. Sealed. 1¼ pp. [C.O. 323, 3. No. 125; and 324, 8. pp. 148, 149.]
April 21. 364. Minutes of Council of New York. Ordered that John Barbarie be appointed to perform all such matters as Col. Nicholas Bayard was appointed to do by an Order of Council Jan. 15 last, in relation to the accounts of the Widow Cortlandt.
Accounts in the hands of the Clerk of the Council referred to be audited.
Petition of Isaac Deriemer, John Cornelisse, John Evetse, John Plavier, Barent Chrisyanse, William Creed and Richard Cornwall read, praying a licence to purchase vacant land in the County of Suffolk, on the Island Nassau, to the East of the Town of Huntington and the westward of Nessequalk, called by Indians Katawamake and by the English Crope-meadow. Granted, provided the purchase be made before a Justice of the Peace of the County, and returned in Council within 12 months after the date thereof.
April 22. Ordered that the Collector pay into the Escheator General of this Province such moneys as shall be necessary for the carrying on the affairs of his office in putting in execution the Act for confiscating the estate of Robert Livingston.
The[re ?] being no [sic ? an] urgent occasion for moneys to begin the fortifications at Albany, and none being to be procured on Bills of Exchange drawn by the Governor on H.M. Treasury according to H.M. direction, and Col. Abraham Depeyster offering for Bills of Exchange for 500l. sterl. on the Treasury in England immediately to advance 200l. current money of New York for the beginning the said work and the other 300l. so soon as he shall receive advice that the same is paid, on condition that this Board will engage that in case the said Bills be not duly accepted and paid, that the 200l. with the charges for want thereof, shall be immediately paid unto him, preferable to all other payments whatsoever out of H.M. Revenue, which this Board engaged accordingly.
April 23. Petition of Daniel Lake and Joseph Holms read. Ordered that Letters Patents be prepared for a parcel of land in the County of Richmond adjoining the lands of Peter and Isaac Billjean, Abraham Lakerman, William Barker, Tennis Egbert, Vincent Fountain, Jaques Guyen, containing 200 acres under a quit-rent of 12s. New York money. But in consideration that Daniel Lake has been in possession of the said land without any title thereto from Feb. 12, 1695, and cut down the timber and reaped the profits thereof, ordered that he first pay the quit-rent of 12s. for every year since that date.
Petition of Anthony Tysen read, setting forth that he had purchased from Daniel Shottwell 130 acres in the County of Richmond, which in the patent was particularly bounded with meadow proportionable thereto, and that he is informed by those words he is not legally entitled to any meadow whatsoever, without which his land is of no value, and therefore prayed a confirmation of the former patent with 27 acres of meadow in two parcels lying in the Fresh Kill, bounded by the land of Lamber and Secker Garrittson, John Micheels, Aarent Praall, John Garriott, containing 17 acres. Letters Patents granted under the yearly quitrent of 14s. [C.O. 5, 1184. pp. 659–662.]
April 21. 365. Journal of Assembly of Barbados. The House adjourned till to-morrow.
April 22. Bill for securing the possession of negroes, etc., read with amendments and agreed to.
Lord Grey's letter read. Letter of thanks ordered.
Naturalisation Bills [see April 14] read a second and third time.
After a conference of the two Houses, the Bill for securing the possession of negroes was consented to and passed.
The Assembly's year expiring on May 5th, ordered that their Records be left in the hands of the Speaker and delivered by him to the new Speaker. [C.O. 31, 6. pp. 464–466.]
April 22. 366. Minutes of Council of Barbados. Letter from the Council of Trade and Plantations, Nov. 4th, 1701, to Lord Grey read.
144l. 14s. 4¼d. paid to Samuel Cox for money laid out on the fortifications of St. Michael's.
50l. paid to Capt. Gilbert as recommended by the Assembly.
The Hon. Col. George Andrews was given leave to go for England.
Col. Abell Alleyne appointed Chief Baron of the Court of Exchequer in place of John Hooker formerly appointed.
356l. 18s. 4d. paid to Capt. Philip Kirton for fortifications of St. Michael's.
The two Houses entered into conference on the question of the writ of St. Joseph's, and after long debate the matter was left undetermined.
And see preceding abstract. [C.O. 31, 6. pp. 204–209.]
April 22. 367. Mr. Thurston to Mr. Popple. The provisions for the Company at Newfoundland are all ready to be put on board at such time as the convoys shall sail, which shall be three weeks at farthest. The materials for the fortifications are on board, and the ships ready to sail, except the bomb, which the Board of Ordnance represents as not belonging to them to furnish, but to the Navy, and Mr. Pulteney has this morning told me that my Lord High Admiral has been writ to, on a Representation made to the Council, but I cannot be informed at either of those places that the same has been done. The Treasury has not as yet ordered the money either for subsistance or cloaths, having refer'd the examination of the demand to the Earl of Ranelagh, who has not yet dispatch't his report. Signed, J. Thurston. Endorsed, Recd. Read April 22. 1702. Addressed. 1½ pp. [C.O. 192, 4. No. 73; and 195, 3. pp. 74, 75.]
April 22.
368. William Popple to Mr. Attorney General. The Council of Trade and Plantations send you the enclosed copies of warrants issued by the Lt.-Gov. and Council for the Commitment of John Hutchins and Col. Bayard, together with a copy of an Act of New York, 1691, for quieting disorders, etc., and thereupon desire your opinion whether the said warrants be legal, and whether the crimes charged upon both or either of those persons in the said warrants do amount to High Treason within the meaning or construction of the said Act; unto which their Lordships desire you to let them have your speedy answer, because the circumstances of this affair do require them to lay a report thereupon before H.M. without delay. [C.O. 5, 1119. p. 93.]
April 23.
369. Governor Codrington to the Council of Trade and Plantations. I have just now received copies of Mr. Freeman's and Mr. Mead's complaints against me, but not the honour of any letter from your Lordships, and indeed if I were guilty of one single tittle of what I am accused, I should be altogether unworthy the honour of your Lordships' correspondence as well as of my Master's favour. I am as sensible of calumny as any man living, and yet that which has been thrown on me is so far from giving me the least disturbance that I ought to be proud my enemys have forct me on the necessity of giving an acct. of my conduct to the King, yr. Lordps., ye House of Commons and the world, and then my innocence and the business of my enemies will appear to a degree beyond what 'tis possible for your Lordships to expect. Depend upon it, my good Lordships, I beseech you, that Demonstration itself shall not be clearer than the proofs of my justice and the folly and madness of Mr. Mead and Mr. Freeman. And I have no concern upon me but this (which ought to be the common concern of all honest men) yt two men can be found that dare assert so many groundless and notorious falsitys before your Lordships and the House of Commons. Impalement ought to be either their sentence or mine. The papers necessary for my justification are at Nevis and St. Kitts, whither I will hasten in two or three days. I only beg your Lordships' patience, the justice I am secure of, and I hope to deserve your good opinions:—if not, my Lords, I'le punish myself more severely than even Mr. Mead or Mr. Freeman would wish me treated—for I'le forgive them and turn monk. Signed, Chr. Codrington. I beg leave at present onely to observe that I have been so far from hindering any due course of Law on Mr. Freeman's account, that I have desired and prest it, as Col. Elrington, one of his Attorneys, as well as Mr. Poxon must confess—yt the affair might have been properly brought before the King in Council and finally determined. Col. Elrington had no instructions in the matter, and was not willing to doe anything without them, and as for Mr. Poxon, he coud not, for, by his petition to me now on record at St. Kits, he claimed his right of possession as heir and executor to his father, who had had two leases from De Chambré of 11 years each, and for which he is now accountable 120 hhds. of sugar—and this is the true reason of all the clamour. For if De Chambré's title be out of doors, ye debt's paid; and Mr. Poxon I fancy has no other way of paying the debt. 'Tis plain Mr. Freeman had no value for the land himself, for by his letter to Col. Norton (which he little believes is in my custody), he is very willing to compound for a quarter, not for himself, but neice, Mr. Poxon's wife. I have desired my Attorneys to prefer a bill of discovery against Mr. Freeman, and he will be convinct in time that I have more to expect from the Law and right of an Englishman than he has. One particular more I beg to observe to your Lordships, which is the hardship I lye under by being accused at this distance,—that my Friends themselves take facts for granted which are notoriously false, and defend me upon false hypotheses. My Lords, I value the reputation of my morals above that of my understanding, but I presume I shall defend the one without any disadvantage to the other, and I believe it will be found I have enough of both to be a West Indian Governor longer than I intend to continue so. 'Tis affirmed and taken for a truth that I sat on the Bench with the Judges, and acted as Chief Justice, and the examples of former Governors are to protect me, it seems, for k[n]avery or folly are supposed to be entailed on ye employ. My Lords, I have endeavoured to remove many absurd practices which were very currant here, and therefore must doe myself the right to say I was above so great a one as this. I may indeed sit as Chief Judge in Criminal matters by the particular Act of Courts of this Island, but it never enter'd into my head to sit as Chief Justice in cases concerning which I was agen to determine in Appeals. The naked truth of the matter is this—I have generally been present at our Courts of Justice, for two reasons, the first, to see that speedy and impartial justice be done for the King's subjects of all ranks whatever, and to judge of the probity and capacity of the Judges and their Assistants; and secondly, in obedience to your Lordships' commands, that I might be able to send you the scheme you ordered me, which yet I have not been able to effect, for I cannot tell how I should give your Lordships an account of our Judicature without any observations of it. Upon these grounds, my Lords, it was that I went into the Court House at Nevis, where there were then to be tried 14 titles of land (all but one, as I was informed, that could ever be disputed in the Island). I would have gone up into the gallery, but some Gentlewomen had taken place there, and I was not willing to disturb them; upon which I sat down with Col. Elrington and Col. Hamilton on a bench on the left hand of the Judges, and several people were between us. When Mr. Herbert's cause came on, Mr. Brodric, his Councel, moved for an execution on a former judgment, which had been rendered ineffectual by an Order of Sir Nathaniel Johnson, and affirmed that a scire facias was not necessary in this case, because his client had not deferred the execution of the judgment himself, but had been arbitralily and illegally denyed the benefit of it by an order that neither was a supersedeas, an injunction upon a Bill, nor a reversal upon a writ of error. The Judges did not know very well what to make of all this, but after Mr. Brodric had argued and Mr. Cole scolded half an hour, an execution was denied (by which 'tis plain I did not influence the Judges) and a new tryall resolved on according to the summons with which Mr. Mead had been served. It was then ordered that Plaintiff and Defendant should enter in a rule. Mr. Mead, who stood just behind Mr. Cole, very angrily and noisily said, he would enter into noe rule; that the estate was not his, but an orphan's in England, that he had no instructions nor papers, that the deeds were at home, and he hopt they would take care of a poor orphan, and this he repeated (together with his Councels in chorus) twenty times very insolently and indecently. Mr. Brodric thereupon desired to be heard one word in quiet, and told the Judges that he insisted upon nothing but what was plain Law and constant practice; that the matter admitted no dispute, but that Mr. Mead, the tenant in possession, must either appear to the cause and enter into a rule, or judgment must go by default; that as to the orphan, he had no busnes with him; that he believed there was no such, unles in Utopia, for 'twas equally strange that Mr. Mead, who claimed under him, should know nothing of his title, as that no other person should be empowered to appear for him; that if he coud not have justice, he had his Bill of Exceptions to tender, and would carry the cause to another place. Upon this, Mr. Cole cried out, Don't let Mr. Brodric frighten you, Gentlemen, I'le warrant I'le defend you against his Bill of Exceptions. Col. Butler, one of the Judges, resented this language extreamly, bid Mr. Cole have a care how he us'd such for the future, that they were upon their oaths, and would not be frightened by Mr. Brodric or any one else, that he did not see how they coud deny judgement by default, if Mr. Mead would not proceed to a trial. Mr. Cole cried out, 'Tis not Mr. Mead's cause, 'tis the Orphan's cause, and I appear for the Orphan. Mr. Brodric answered, it was now too late for any new party to be received, besides he had no power to appear. Then, said Mr. Cole, I demand a power, I demand letters of guardianship from the Court. The Court answered, 'twas not their busnes to grant letters of Guardianship, but the Chief Governor's. Upon this I got up and said that I thought both as Chancellor and Ordinary here I was obliged to take care of orphans, and desired to know why application had not been made to me. Mr. Cole said he desired onely letters of Guardianship for the particular cause, and that 'twas proper for the Court to grant them, and turning to some Law-books, read a passage. Mr. Brodric said he was sorry he had so often occasion to tell the Solicitor General that he was fitter for a counter than the Bar, and to advise him to return to his shop agen, and showed that it was the Plaintiff's busnes to desire a Guardian might be appointed when the Defendant was a Minor. Mr. Mead here (who all along took care to repeat and insist upon the very silliest things his Councel advanct) made a mighty bustle about letters of Guardianship, upon wch. I said the Secretary could draw letters for me to sign as soon as for the Court, and they should be dispatcht immediately. Upon this Col. Hamilton got up, and said publicly to Mr. Mead, he wondered he would trifle at that rate, when it was notorious to the whole Island that Mr. Justice Tovy was Attorney to the Orphan's Father-in-Law, who to be sure was his Guardian, and that by virtue of that power he received the rents due both from himself for a small piece of land, as well as from Mr. Mead for the two Plantations. 'Twas this, my Lords, raised my indignation to the height, and I was noe longer master of my zeal. I said to him in terms as nere these as I can recollect, Mr. Mead, I have had a very scandalous character of this cause, but I find it worse than I expected. It has been long the scandal of this Island, and I find you design it shall continue so, but you will find yourself mistaken. These Islands suffer very much in their interest as well as honour by the general complaint which prevails at home that there is a very great obstruction of justice amongst us, and this lately occasioned a Bill to be brought into the House of Commons, which would be fatal to these Colonies, if it should be past into Law, but if the currant of Justice sink in one place, it will rise in another, and those causes that cannot have a fair hearing here, must be carryed into Westminster Hall. This cause, I assure you, shall be delayed no longer upon vain and frivolous pretences. I have heard nothing on the one side but reason and Law, and on the other nothing but poor and idle evasions. The Judges are on their oaths, and so would a jury be, if you thought fit to have one, but some determination or other must be. I don't wonder that you choose a Judgment by default rather than a verdict. I said to the Gentlemen of the Council and Assembly at my arrival that I came with resolutions as well as instructions to act according to Law. I am fully satisfied that Government is or ought to be the Empire of Laws, and not of men, and this principle is so universal that all Magistrates whatever are bound by it, an Emperor as well as a Petty Constable. Our Master thinks himself circumscribed by the Laws, tho' without reach of its vengeance, and shall a subject trifle with it? Noe, Sir, tho' I doe not understand forms and nicetys, I will take care the power and equity of it shall prevail, and whilst I have the honour of commanding here, Justice shall be too powerful for the wealth, the art, the avarice and the insolence of any man whatsoever. I believe, my Lords, I might speak these words with a vehemence which the nature of the cause demanded, and which might be terrible to a guilty man—and if these words be my crime, may my crime remain engrav'd on my tomb, and may Mr. Mead and Mr. Freeman have the pleasure of laying me under it. My Lords, tho' I am not a good Christian, I believe another world, and so does every man else without controversy. If I were now at home, I wd. only desire Mr. Mead to receive the Sacrament with me at the hands of some venerable good man, whose presence might strike the horrors of damnation into him, that damnation which will certainly be the reward of malice, envy, perjury and oppression, and then I would ask him a few questions—What he thinks of his own cause? By what arts has he supported it so long? What bribes he has given to Governors before my Father's time, and since he knew he would not be bribed, what methods he has taken with Judges and Lawyers, particularly what advice Mr. Palmer gave him, and whether for 300 pieces of eight the Lawyer, feed by Mr. Herbert beyond what he was well able to give, did not, just as the cause was come to tryal, run away to Mount-Serrat? Why he accuses me of granting a Special Court against him, when there were 14 causes of titles of land depending? Why he affirms I encouraged the suit against him, when it was begun before my arrival, and his quarrel to Col. Fox and his petition to me against him grounded on this, that he had directed one of his lawyers (for he had feed them all) to be of Councel to Mr. Herbert? Why he accuses me of partiality to Mr. Herbert when by the æternal God to my knowledge I never saw him before I saw him in Court at the tryal? Why he accuses me of a denyal of an Appeal, when not onely the contrary appears on record, but he must remember that very day of tryal I offered to sign a writ of error, to remove the record and goe up to Antigua the very next day to hear the errors argued, and he answered me, 'twoud be time enough at my return from St. Kits and Mountserrat? Whether the true reason of the delay on his part was not that Mr. Brodric might be gone for England before the hearing? And lastly, when the errors were heard upon the first motion regularly made by his Lawyer, Mr. Keck, and the judgement affirmed by the whole Council (his particular friend, tho' a much better man, Col. Pearn assisting, who likewise offered security for Mr. Mead's carrying on the appeal) where the appeal lay so long? and whether he had not received it at least two months before his petition? Whether Mr. Cole's letter to him was not by direction, as well as his affidavit concerning Mr. Brodric's using my name, wch, if true, was without my direction, tho' what was done upon it was customary here, and at that time granted because Mr. Mead had cut down the orange-trees, puld up Coppers, mils, etc., and was doing all the ill-natured mischief he coud to the Plantations, a sufficient proof that he expected no success from his appeal. If he wd. answer these questions, there woud need neither factums nor proofs, and by the same holy Sacrament I would protest, as I doe now before Almighty God, that I never did, nor ever will receive of Mr. Herbert, or any man living one shilling, directly or indirectly; that I never heard he intended to sell his plantation, nor had I ever the least spark of an intention to purchase it; that whatever I did, to the best of my understanding was my duty, and proceeded from a concern to see a poor man so basely opprest by a rich and potent adversary. As this is true, so help me God. Signed, Chr. Codrington. Endorsed, Recd. 8th, Read July 10, 1702. Holograph. 16 pp. [C.O. 152, 4. No. 94; and 153, 7. pp. 472–486.]
April 23. 370. Copy of preceding. Subscribed, Nevis, May 21, 1702. I do hereby certifie that H.E. Christopher Codrington, Esq., this day read this letter paragraph by paragraph to the Councill, and they owned the same to be every word of it true. Signed, Geo. Larkin, Notary Publick. 12 pp. [C.O. 152, 4. No. 95.]
April 24. 371. J. Thurston to Mr. Popple. The Board of Ordnance still continue to refuse furnishing the Bomb, and say that, if Orders be repeated to them, they cannot obey them in a matter that no way belongs to 'em.
P.S.—They say they have represented this to the Lord High Admiral, and have observed that the Bombs now at Plymouth, Hull, etc., were provided by that Office. Signed, J. Thurston, Endorsed, Recd. Read April 24, 1702. 1 p. [C.O. 194, 2. No. 74; and 195, 3. p. 76.]
April 24.
372. Council of Trade and Plantations to the Lords Commissioners of the Treasury. Four ships being ready to sail for Newfoundland, we take leave to remind your Lordships of the money necessary for the subsistance and cloathing of the soldiers there for the next year. Signed, Stamford, Robt. Cecil, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior. [C.O. 195, 3. pp. 75, 76.]
April 24.
New York
373. Col. Nicholas Bayard to the Council of Trade and Plantations. The favour which I received from your Lordships when I was lately in England, together with the pressure of the present most unhappy circumstances and particularly those as do relate to myself, encourage myselfe to apply to your Lordships; moreover since I expect that some of my ill-wishers now here at the helm of Government may, as formerly has been done, misrepresent some matters lately happen'd, by wch. means they have brought myself and family by coullor of Law and Justice to the brink of ruine; without any regard to my faithful services to the Crown and Province near the space of 35 years, as all indifferent good men will certify. Only the unhappy divisions by wch. I have suffered very much, are the chief and only cause of these our new calamities, which if not soone healed by the prudence of a Governor, or some directions from H.M., will ever prove very destructive to this hopefull, bleeding Province, and though some young men and strangers endeavour by their representations to magnify themselves, and lessen their neighbours, usually called the English partie, yet I can assure your Lordships that by the 47 years' observations and experience I lived here, I know 'em to be the more numerous by much and are as hearty Protestants, and as forward and zealous for H.M. service as any of the others can boast of, wch. I refer to what any of the preceding Governors can say on that account.
It was about the latter end of the last summer that we had the news by several letters from England that the Lord Viscount Cornbury was appointed to be Governor, but the said news was soone contradicted by letters said to be received that his Lordship was not like to come, being otherwise provided for. This occasioned that some of H.M. good and faithful subjects in this Province, who supposed themselves to lay under some hardships without hopes of relief here, were encouraged by the best Councill they had, that it was lawful for the subject to petition the King and Parliament to be relieved therein, and in order thereunto two Addresses, one to H.M. and another to the Parliament with duplicates were drawn up together with a Congratulation to the Lord Cornbury to be delivered at his Lordship's safe arrival, and were signed (without any the least disturbance whatsoever) by most of the principal merchants and many of the Freeholders and Inhabitants within this Citty, and amongst the rest by two Members of H.M. Council, and several Justices of the Peace. The two first of said Addresses were delivered to one Capt. Darkins, Master of a vessel then bound for England, about three weeks before it was heard our Lt.-Gov. and Council had any acct. thereof, who at the first discovery seemed to be much disturbed and offended abt. it, and great threatenings were made to prosecute the subscribers for sedition, rebellion and High Treason, which soo frighted some of them that they secured both the originals and coppyes, for feare of some wrong construction might be made upon any of the words or meaning of said Addresses. Whereupon myself and one Alderman Jno. Hutchins were by the Lt.-Gov. and Council committed for High Treason, and some others ordered to be prosecuted by the Attorney General, and a special Commission issued for our trials, and tho' I made application first to the High Sherif and afterwards by petition to the Court that I might have an impartial English jury allowed me upon my trial, yet I had put upon me both a Grand and Petty Jury, some of 'em aliens, and the rest most of 'em either very ignorant in the English language, or my implacable enemies on account of the said unhappy divisions, and very many of them a partie concerned against mee in relation of the grievances in said Addresses complained of. I dare not trouble your Lordps. with innumerating the hardships I met with in the whole course of the sd. trials, only beg leave to mention that the whole substance of what was sworne against mee (as will appeare by the evidences then and there at my tryall taken) to be as followeth, vizt., That I had been present at the Coffy House at the signing of the said Addresses by several Merchants and Inhabitants, and that one of them had signed at my owne house, and that I told him it was for the good of the Country; item, that I had brought some papers, being said Addresses, at the house of Alderman Hutchins, and lastly that I, together with Mr. Rip van Dam, Mr. Philip French and Capt. Tho. Wenham had preferred a petition to the Lt.-Gov. and Council in which was this expression, vizt., "And another Addresse to my Lord Cornbury whom wee understand, by certain advice wee have recd. from England, to be nominated by H.M. to succeed the late Earl of Bellomont as our Governor." Wch. said expression was construed at my trial to be a disowning and casting of the present authority here established by H.M. Commission to our Lt.-Gov Nanfan. Now for this, may it please your Lordships, I had sentence of death pronounced against mee, without any hopes of releefe but by being reprieved from this execution till H.M. pleasure should be knowne therein, and in order thereunto I applied myselfe in the most humblest manner to his honour the Lt.-Gov. for the same, and by six several petitions humbly submitted myselfe to the said sentence, but were all of 'em from time to time rejected, because I did not in them voluntarily acknowledge myself to be guilty of the crime, without which I was told no reprieve was to be granted, wch. I could not do, knowing myselfe to be innocent, and soo sin against God and my conscience. I was put in irons for severall. dayes, and by special command forbidden the speech, sight or advice of any of my friends, and particularly those of my son and other relations; and tho' many intercessions were made by severall of the neighbour Governors and many other gentlemen of honour and worth, yet none could obtain the said reprieve, unless I did confesse myselfe to be guilty, soo the day of my execution was prefixt and notifyed to myself accordingly, which occasioned to prevent the fatal strook, that a Petition was drawn up for me to sign, in which it was exprest that I owned myself to be soo unhappy as to syne the said Addresses, and had encouraged some others to sign the same, and that I was sorrowful for the offence which, by the said sentence, I did find I had given, and beg'd pardon for it. Whereupon a message was sent me, I should have said reprieve granted, provided I raced out which by the said Sentence, together with the word given, and enterlin'd in lieu of that word committed, which latter (with much regret and being extreamly disturbed and almost distracted in my senses) I was prevailed to do; but not the former, because I told 'em, if it was not for said sentence, I was not sencible of any offence I had given or committed; where-upon I had at last the said reprieve granted; and soon after my said Petition was by order printed, and construed that I had acknowledged myself to be guilty of the crime of High Treason. I implore your Lordships' bounty and goodnesse in the most favorable manner to represent unto his Sacred Majesty the hardship and severity of your supplicant's case and circumstances, together with his former manyfold services and sufferings, in order for the speedy obtaining H.M. gracious pardon, wch. I have desired some of my friends to solicite in my behalfe. Signed, N. Baÿard. Endorsed, Recd. 10th., Read 13th July, 1702. Holograph. 3 pp. [C.O. 5, 1047. No. 41; and 5, 1119. pp. 167–174.]
April 24.
374. Journal of Council of Trade and Plantations. Letter from the President and Council of Barbadoes, Feb. 19, read, and papers enclosed laid before the Board.
Order of Council, April 17, read. Directions given for preparing a report on the 4½ p.c. accordingly.
Letter to the Treasury signed and delivered to Mr. Thurston.
Letter from Mr. Thurston read. Directions for a letter to the Earl of Manchester ordered thereupon.
Orders of Council, March 18, laid before the Board.
April 25. Memorial from Col. Quay read. Thereupon ordered that Mr. Penn be desired to bring in his answer to the heads of complaints, that have already been given him, on Tuesday.
Letter to the Earl of Manchester signed.
Letter from Mr. Burchet, April 22, laid before the Board.
Letter to Mr. Burchet ordered.
Ordered that the Secretary write again to the Barbadoes Agents, to desire their answer on Monday to what has already been writ to them April 4th and 20th.
Copies ordered to be given to Mr. Champante, at his request, of the mittimus of Col. Bayard and Mr. Hutchins, and of Minutes of Council of New York Jan. 16–21.
Answer of Mr. Attorney General to queries of April 22 read.
Progress made in Report on the 4½ p.c. [C.O. 391, 14. pp. 430–435; and 391, 96. Nos. 73, 74.]
[April 25.] 375. Robert Quary to the Council of Trade and Plantations. H.M. Service requires my hastening back to America. All the merchants' ships designed for those parts will be ready to sail in a week's time at farthest. After these are gone I shall not be able to get a passage. Wherefore I doe most humbly request that Mr. Penn's business may be brought to a speedy hearing, and that your Lordships will please to give order for the dispatch of such Commission, Orders and Instructions wch. you design for me. Signed, Robt. Quary. Endorsed, Recd. Read April 25, 1702. Holograph. 1 p. [C.O. 5, 1261. No. 84.]
April 25.
376. William Popple to Josiah Burchett. I enclose the usual Heads of Enquiry with some additional Instructions for the Commodore of the Newfoundland Squadron. In order to the dispatch of a Commission for the said Commodore to command at land during his stay in those parts, the Council of Trade and Plantations have sent a draught of that Commission to the Earl of Manchester, and desired his Lordship to lay the same before H.M. Annexed,
376. i. Heads of Enquiry relating to the Trade and Fishery of Newfoundland to be given as Instructions to Capt. Thomas Swanton, Commander-in-Chief of the Newfoundland Convoy. Of the same tenor as those given last year. See Cal. 1701. No. 242. Additional Instructions: after enumerating Capt. Graydon's replies [Cal. 1701, No. 879. xii.]:—You are to take care so far as in you lies that the best remedies be applied for the prevention of these mischiefs, and to report your opinion thereupon, in order to further consideration, and the preparing of such clauses to be proposed at the next Sessions of Parliament as may be requisite for the more effectual regulating that Trade. And whereas complaints hath been made from thence against Mr. Thurston, Agent for the Company of Foot-soldiers there, as if he had not duly remitted the subsistence money allowed them, unto which he has returned such answer and accounts as seem to be without exception, but it being nevertheless thought requisite that a more perfect examination be made of those matters, you are to make strict enquiries into the state of these accounts and likewise into the disposal of the Provisions sent thither the last year, and those now sent, and into the method and regularity of the payment of the officers and soldiers, and of their behaviour, and as much as in you lies, to redress what abuses you may find in those particulars, and to return an account thereof to one of H.M. Principal Secretaries of State and to the Lords Commissioners for Trade and Plantations by the first opportunity. [C.O. 195, 3. pp. 77–94.]
April 25.
377. Council of Trade and Plantations to the Earl of Manchester. Refer to Order in Council, March 26. The Board of Ordnance still refuse to furnish the Boom for Newfoundland [See April 24]. We desire your Lordships to lay this matter before H.M., as being of great importance that some speedy Order be given therein, the convoy being ordered to sail the beginning of next month.
Draught of Commission, for Thomas Swanton, Commodore of the Convoy, to command in chief the Forts and soldiers there, enclosed for H.M. signature. Signed, Stamford, Robt. Cecil, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior. [C.O. 195, 3. pp. 95, 96.]
April 25.
378. Lt.-Gov. Beckford to the Council of Trade and Plantations. We have advice by a sloop that sailed from Curaçoa to Manchaneel on Cuba to trade with the Spaniards, and from thence putt in for wood and water on the North side of this Island, that the French Fleet sayled from Leogane abt. the last of March; for the 4th of April they were seen to pass by St. Jago upon Cuba, bearing downe with a full sail, and at St. Jago they sent a pacquett ashore for the Havana. This news confirms what I recd. by a vessel of this Island, who put in to Port Louis on the Isle de la Vache, which is the new settlement made by the French on the South side of Hispaniola, the Master informed me that 24 ships of war from 60 to 70 guns came into Leogane the 12th of March N.S. and sayled about the 22nd for the Havana: so wee are now assured that they are either there or gone for Europe with the Spanish Fleet, if they will trust themselves under their convoy.
I have perused H.M. Instructions to the late Genll, which to bee sure I shall pay a ready obedience to; but yet must beg leave to lay before your Lordships my opinion concerning the Instruction about fines, forfeitures and escheats. The words are, "You shall not remitt any fines, or forfeitures whatsoever, above the sum of 10l., before or after sentences given, nor dispose of any escheats, fines, or forfeitures whatsoever untill upon signifying to the Commissioners of H.M. Treasury, or High Treasurer for the time being, and to H.M. Commissioners for Trade, the nature of the offence, and the occasion of such fines, forfeitures or escheats, with the perticular sums and value thereof, you shall have received directions therein; but you may in the meantime suspend the payment of such fines and forfeitures. This Instruction in relation to Escheats will, I think, prove disadvantagious to H.M. and the settlement of this Island; for 1st it will discourage all discoveryes of land and other estate, which by any way or meanes should revert to the King; such discoverers giveing information to Governours in hopes of obtaining a grant at the appraised value; 2ndly, before a Plantation and Negroes can be disposed of, it will be almost ruined, the negroes run away or prove rebellious [for] want of a Master; for it will be no one's interest to look after it, and may be at too far a distance for a Governour to take care of it; 3rdly, no goods will be made of it for two years following, a Plantation being like a garden, one moneth's neglect puts it six months backward, and consequently 'twill be a lesning of H.M. Customs; and 4thly, this will not wholly obstruct a Governor's making advantage by it. As to the Instruction about the Commission for the Tryalls of Pirates, and an Act intituled An Act for the more effectual suppression of Piracye, the Commission and the Instructions differs in these points, vizt. (1) The Commission in the recital of the Act, leaves out the Members of the Council. (2) The Act appoints that the Court shall consist of seaven persons at the least, and if so many of the persons aforesaid can not conveniently be assembled, any three of the said persons, whereof the President and Chief of some English Factory, or the Governour, Lieutenant Governour, or Member of H.M. Council in any of the Plantations or Colonies aforesaid, or Commander of one of H.M. ships is always to be one, shall have power to call, etc. The Commission differs herein, for the words of that are: And if so many of you our said Commissioners cannot conveniently be assembled, any three or more of you, whereof you, the said Sir Wm. Beeston, or the Governor or Commander-in-Chief of the said Bahama Islands, or the Governor of either of the said Islands, always to be one. 3rdly, The Court shall publicly be called and proclaimed; then the President of the Court shall in the first place publickly in open Court take the following oaths, etc., and he having taken the oaths shall immediately administer the same oaths to the persons who shall sit, etc." The Commission differs herein, for the words of the Commission are, And you, the said Sir Wm. Beeston, or the Governor of the Bahama Islands, or the Governor or Commander-in-Chief of either of the said Islands for the time being, having taken the oaths in manner aforesaid, shall immediately administer the same to every person who shall sit, and have and give a voice in the said Court upon the tryall of any such person or persons aforesaid. But we have an Act "for the restraining and punishing Privateers and Pirates," which puts the Act of the 28th Hen. VIII in its full force here; for the difficulty of sending accessories and evidences will be great, and the charge greater, the Instruction not mentioning who shall beare it. As to the Instruction about establishing a Court of Exchequer, our Law here intituled an Act for establishing Courts, etc., gives power to our Judges here to proceed as the Courts of King's Bench and Exchequer in England, and will, I thinke, answer the end proposed. The chief obstruction in getting H.M. Quit-Rents seems to me to arise from the too often removals of the Deputies in the Receiver General and Secretaries Offices, either for gain or displeasure, and sometimes by death, which often happens in these parts. Thus have I laid down my poor sentiments, to be weighed by your Lordships' more mature Judgments, and on my further perusal of the Instructions, I may have something more to trouble your Lordps. with.
Our Assembly is now sitting, and I hope are persuaded into soe calme a temper that they will goe on unanimously to provide for the securitye and good of the Island. Signed, Pe. Beckford. Endorsed, Recd. June 29, Read July 24, 1702. 3 pp. Enclosed,
378. i. Duplicate of letter, April 9, Lt.-Gov. Beckford to the Council of Trade and Plantations. 2 pp.
378. ii. Memorandum of H.M. Account of impost, Sept. 29, 1701—March 25, 1702. ¼ p.
378. iii. Memorandum of H.M. Account of Quit-Rents, Sept. 29, 1701—March 25, 1702. ¼ p.
378. iv. Memorandum of H.M. Account Current, Sept. 29, 1701—March 25, 1702. ¼ p.
378. v. Memorandum of H.M. Account of Fines, Forfeitures and Escheats, Sept. 29, 1701—March 25, 1702. ¼ p.
378. vi. Memorandum of H.M. Account of Fortifications, 1701. ¼ p. [C.O. 137, 5. Nos. 65, 65.i.–vi.; and (without enclosures) 138, 10. pp. 345–351.]
[April 25.] 379. Attorney General to Council of Trade and Plantations. In obedience to your Lordships' enquiry [No.]. I am of opinion that the warrants are sufficient in form to charge Nicholas Bayard with High Treason within the Act of New York annexed, and John Hutchins with a misdemeanour, and that there is as much certainty in them of the nature of the crimes charged as is necessary in warrants of commitment, though there must be much greater certainty in the indictments that shall be preferred against them. I presume the evidence the Council of New York had against these men is transmitted to your Lordships, and, with great submission to your Lordps., I think the question is not whether the warrants of commitment be formall, but whether the evidence given to the Councill be sufficient to charge them with the crimes mentioned in the warrants, of which I not having had any account, I cannot give any opinion. This only I observe, that it appears by the warrant for committing Hutchins that the Councill required him to produce a libell he is charged to be the author of, which was to accuse himselfe, and his refusing to produce it, is alledged as part of his crime. Signed, Edw. Northey. Endorsed, Recd. Read April 25, 1702. 1¼ pp. [C.O. 5, 1047. No. 42; and 5, 1119. pp. 94, 95.]
April 25. 380. Minutes of Council of Virginia. Warrants for several salaries, etc., signed.
H.E. communicating several letters, which he lately received from England, giving an account that a war will in all probability very speedily breack forth, and that several of H.M. ships of war are ordered for the Colony to convey home the merchants ships trading here and in Maryland, and may be daily expected, an embargo was laid on all vessels now being or that hereafter shall arrive in this Colony until further orders.
Letter from the Council of Trade and Plantations, Nov. 4, 1701, concerning seamen taken out of the John galley by pirates, read and ordered to be recorded in the Council Office.
The Cargo for the French Refugees remaining yet undisposed of, it was recommended to Col. Byrd to use his endeavours for disposing of it.
H.E. appointed the following Sheriffs :—
Princess Ann County ——
Norfolk County Samuel Boush.
Nansimond County Charles Drewry.
Isle of Wight County William Bridger.
Surrey County ——
Charles City County Charles Goodrich.
Henerico County Giles Webb.
New Kent County Nicholas Merriwheather.
James City County Thomas Cowles.
York City Henery Tylor.
Warwick County Thomas Merry.
Elizabeth City County Nicholas Curle.
Gloucester County Petter Kemp.
King and Queen Jno. Walker.
King William County John Waller.
Middlesex County Sir Wm. Skipwith.
Essex County Thomas Merriwheather.
Richmond County Jno. Downman.
Lancaster County Henery Fleett.
Northumberland County Jno. Harris.
Westmoreland County Lewis Markham.
Stafford County Charles Ellis.
Accomack County ——
Northampton County ——
Henry Scarburgh, Collector of Accomack District, made oath to his account of H.M. duty of 1d. per pound April 9, 1701–April 25, 1702.
Petition of Jane King, complaining that Daniell Guthry and John Bailee of King and Queen County hinder petitioner's ferry-boat from landing any passengers on the North side of York River, and praying directions therein, referred to Benjamin Harrison, Councell for the King, and to doe therein according to Law.
John Lowrey, by his petition to H.E. setting forth that he, being commissionated pilot in James River, had removed his family and stock to a Plantation near the mouth of the River and provided himself with a boat and hands, and that John Pattison, a single person, having no settled abode, boat nor hands, but what is lent by George Walker, who hath half proffitt, doth take upon him to pilot ships in the River, and praying that if H.E. should constitute more pilots then those formerly appointed, that Petitioner may be ordered to have his turn, as is usual in England, the petition was referred to Capt. Moodie and Lt.-Col. Wm. Willson.
Warrant signed for the execution of Ann Tandy, condemned for concealing the death of her bastard child.
A full Council was appointed to meet May 12. [C.O. 5, 1409. pp. 211–214.]