America and West Indies: May 1702, 1-5

Pages 287-295

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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May 1702

May 1.
404. Lt.-Governor Beckford to the Council of Trade and Plantations. This ship staying longer than was expected, having been delayed by contrary winds, I give your Lordships this further trouble, to accompanye the Act which prohibits the exportation of provisions and warlike stores to foreigners, which has been adjudged highly necessary from the present apprehentions of a rupture with France and Spain, for such exportation would not only disfurnish ourselves, but supply those who are likely to become our enemyes, and if no warr breaks out, the Act continues but for three months. The Assembly pass'd this day an Act to impower Justices of the Peace in the several parishes to take an account of the Negroes, stock, etc., belonging to the inhabitants, in order to lay a tax for the quartering of the souldiers, which Act I shall endeavour to gett expedited, and hope your Lordships will receive it with the next from, etc. Pe. Beckford. Endorsed, Recd. June 29, Read July 24, 1702. 1 p. Enclosed,
404. i. Memorandum of Act of Assembly of Jamaica, March, 1702, for prohibiting the exportation of arms, ammunition, and provisions to strangers in time of danger. ¼ p. [C.O. 137, 5. Nos. 67, 67.i.; and 138, 10. pp. 351, 352.]
May 1.
405. Council of Trade and Plantations to the Earl of Manchester. We have lately received letters from the Government of New York concerning persons who have been committed for treason and misdemeanours in that Province, and the correspondents of the persons accused having appeared before us with complaints against the proceedings of that Government, we are of opinion that it is a matter of such consequence as is proper for H.M. hearing in Council, and have acquainted the complainants therewith. Signed, Stamford, Rob. Cecill, Ph. Meadows, John Pollexfen, Mat. Prior. [C.O. 5, 1119. pp. 134, 135.]
May 1.
406. Journal of Council of Trade and Plantations. Letter to the Earl of Manchester signed and sent. [C.O. 391, 15. pp. 1, 2; and 391, 96. No. 79.]
May 1. 407. Minutes of Council of New York. Ordered that Abraham Gouverneur, who hath been appointed by the Lt.-Gov. to be Corrector of the Press in this Province, receive a salary for his trouble of 30l.
Ordered that the Press for linnen and a small chimney-back for a chamber be left for the use of the Fort at the appraisement, the same being bought near twelvemonths since for the said use.
Salaries paid to Lt.-Gov. Nanfan, and A. Gouverneur, Speaker.
41l. 11s. 10d. paid to David Provoost for the use of himself and the rest of the Commissioners of the Publick accounts.
90l. paid to Col. Abraham Depeyster for a pipe of wine given to the soldiers of the Garrison and the Militia Regiment on H.M. last Coronation Day, and for 2 pipes of wine and 4 barrels of beer laid in by him against the arrival of Lord Cornbury.
May 2. Ordered that the Laws passed the last Sessions of the General Assembly, as of this present Sessions, be transmitted by the first opportunity to the Agent of this Province, who is hereby ordered to apply to the Ministers for H.M. Royal Assent, and the Chief Justice is desired with any two of the Council to draw up the reasons for passing the same, to be transmitted to the Agent with the Acts.
33l. 6s. 4½d. paid to Robt. Walters for firewood for Fort William Henry, April 2–May 2. [C.O. 5, 1184. pp. 665, 666.]
May 3.
Fort William
Henry at
New York.
408. Governor Lord Cornbury to the Council of Trade and Plantations. Being arrived here this day, and being informed that there is a person going immediately post to Philadelphia, in order to embark for England, I would not slip this opportunity of acquainting your Lordshipps that after a passage of seaven weeks I arrived here this day at eleven o'clock in the forenoon, and having published my Commission at the Fort and at the Towne Hall, I took the oaths and swore the new Council appointed in my Instructions, and ordered two Proclamations to be issued forthwith, one to declare that all Officers, Civil and Military, should hold their imployments till farther order, and the other to disolve the General Assembly, which I find has sate a little while. I find at my coming hither great complaints of hardshipps suffered by many people, how well they are grounded, I am not yet able to inform your Lordships, but I shall not fail of sending you a full account by two ships which will be ready to sail from hence for England in ten days' time. I find here Col. Bayard under sentence of death for treason, what the Treason is I shall inform your Lordshipps by the next. I find likewise that many of the most eminent merchants here were fled into the Jerseys, some of which returned now upon my landing. Signed, Cornbury. Endorsed, Recd. Read July 15, 1702. Holograph. Addressed. Sealed. 1 p. Enclosed,
408. i. Proclamation dissolving the General Assembly. "Another General Assembly shall be called as soon as the same can conveniently be for H.M. service." New York, May 3, 1702. Signed, Cornbury. Printed by William Bradford. 1 p. [C.O. 5, 1047. Nos. 44, 44.i.; and (without enclosure) 5, 1119. pp. 186, 187.]
May 3. 409. Governor Lord Cornbury to Mr. Secretary Vernon. Repeats part of preceding and describes voyage. We could not get up to New York till this day, about three miles below the town, some of the Council came to meet me, and as soon as we came to an anchor the Lt.-Gov. came on board, etc., as above. Signed, Cornbury. Endorsed, R. July 5, 1702. Holograph. Addressed. 1 p. Enclosed,
409. i. Copy of Proclamation dissolving the General Assembly of New York. May 3, 1702. Signed, Cornbury. 1 p.
409. ii. Copy of Proclamation continuing all officers, civil and military, in their posts until further orders. May 3, 1702. Signed, Cornbury. 1 p.
409. iii. Printed copy of preceding. 1 p.
409. iv. Printed copy of No. i. 1 p. [C.O. 5, 1084. Nos. 1, 1.i–iv.]
May 4.
New York.
410. Samuel Broughton to William Popple. I heartily thank you for your king remembrance of me in your letter to our Chief Justice, and should have been glad to have had the further satisfaction of knowing whether you have had any from me to yourself and Lords. I perceive they are well pleased with the Judge's accompt of his own and others' proceedings here, and the credit thereof has gained him another 70l. per annum for two years, or 150l. if he leave the Province sooner, by Act of General Assembly past after my Lord Cornbury was arrived here within our Port, whether he came (thanks be to God for it) very safe, the last of the last month att night with the merchts.' ship with him; the ship of stores came in the day before. H.E. has published his Commission, taken the usual oaths and given the same to as many of his Counsell as are in Towne, of which beyond my expectation I have the honour to be one, and finde myselfe happy in his Lordship's favour, who is I perceive fallen into very right notions of the people and the Government here. I doubt not but by his great wisedome and justice, which adapt him for Government and are conspicuous in H.E., he will in a short time render this Province and the affairs and trade thereof much more easy and flourishing then of late they have been. I am credibly informed the Chief Justice hath wrote complaints against me to your Board. I am not yet prepared to lay those matters before them, wch. I have in prospect, but do purpose (God willing) to send them in a little time such a true state of things here as shall be a sure foundation for their Lordships to act upon, who I know value no peculiar interests but the good and welfare of the publique in such a way as may most tend to H.M. service. I therefore most humbly beg of their Lordships whatever is come to their notice against me they will favour me so far as to suspend their judgements thereof till they see how I can justify and approve myselfe to my Lord Cornbury in the duty of my place and office, the neglect of which has been so powerfully urged against me by the Chief Justice here that I had great difficulty to avoid a suspension by the late Lt.-Gov., besides other indignitys cast upon me by his contrivance or connivance, much dishonouring the character and commission I bare under H.M. in receiving a presentment by the Grand Jury at one Supream Court, for neglect of my duty, whilst I was actually in Court attending H.M. service, and in ordering Mr. Solicitor General to put the same into a formall indictment against me, and for no other reason that I know of, but because I was really ill a little before that time and could not appear to give countenance to some violent prosecutions he was then upon, which their Lordships will hear more of in a little time. I would not willingly prejudice the Gentleman, tho' he hath been very hard upon me and all myne ever since wee left England, so leave it to your discretion whether to impart it to the Lords of Trade or not, as my own interest and safety requires. Signed, Sa. Sh. Broughton. Endorsed, Recd. Read July 16, 1702. Addressed. Sealed. 2 pp. [C.O. 5, 1047. No. 45; and 5, 1119. pp. 188–190.]
May 4.
411. Mons. Le Tort to William Penn. Hearing that Le Sieur Coireay [? Col. Quary] has presented a Memorial against you concerning your government, I thought it my duty to write to you, since no one is better qualified than I, after 16 or 17 years since the persecution in France forced me to your Province, especially as regards the affairs of the Indians, amongst whom I have lived and traded all that time. Le Sieur Coiré is very ill informed or rather very malicious in attributing to you a trade or commerce with the savages, a thing which ought to be attributed to him rather than to you, etc. Signed, Le Tort. Endorsed, Recd. Read June 1, 1702. Addressed. "M. Peen de present...a Bristol." Illiterate French. 3 pp. [C.O. 5, 1261. No. 87.]
[May 4.] 412. Abstract of some letters from New York, May 4. On the first Tuesday in April the Supream Court sat as usual. Sam. Bayard, Col. Bayard's son was with his father taken up and bound in recognoistance of 1,500l. to appear, wch. he did the first day of the Court, and before the Grand Jury were sworn pleaded the Proclamation the Governor had issued out, promising to prosecute none but the four therein named, but to no purpose, unless he would make an humble petition, acknowledging his crimes, which the Judge told him two had sworne, viz. that they saw him in the Coffee-house room when they signed the Addresses, and that he advized his father not to owne himself guilty of High Treason, whereby the Judge told him he was become an accessory and abettour to the Treason, and was as guilty as his Father and lyable to be prosecuted for it. He waited severall times but at last got admittance to the Lt.-Gov., who, though he pleaded the benefit of the public faith in their proclamation, was told it was to no purpose unlesse he acknowledged himself senceable of his offences, upon wch. he should be discharged, wch. he did, and after awaiting on the Court 2 or 3 dayes longer the Judge told him he was discharged because he had confest and begged the Governor's pardon. The Court in the meantime proceeded a Grand Jury all of Dutch (as for Col. Bayard) sworn, they brought in four presentments, one against Mr. Broughton, the Attorney General, for neglecting his duty in prosecuting the two criminals, Col. Bayard and Hutchins, who were condemned, one against Mr. Tho. Wenham for high misdemeanour, for being one of the four who had subscribed a petition to the Lt.-Gov., saying my Ld. Cornbury was to succeed the late Earl of Bellomont, and refusing to deliver copies of the Addresses; one against Mr. Phil. French for the same offence, another against Roger Baker for saying the 5th Nov. last, the King was made a nose of wax and no longer King then the English please. Mr. Wenham and French could not come to trial because they were absconded for a considerable time before. Roger Baker came upon trial with a packt petty jury according to custom, whereof four happening to be absent, a taley was ordered, and altho' there were then spectators in Court, about 30 Englishmen, and he told so, yet the Sherrif went out and brought in three Dutchmen of their partie, and finding no more he was forced to take one John Ellis, an Englishman then in Court. Three witnesses were sworn; the first said Baker spoke the words, but that they were all very drunk, it being hollyday. The other two said they were allways present with them, but heard no such words, nor nothing like it, that they were all drunk, but the other witnesse to that degree he could not stand. Judge Atwood gave charge to the Jury to bring Baker in guilty. The Jury went out and staid all night, then came into Court and delivered their verdict, Not Guilty, at wch. Judge Atwood was very angry, refusing to take their verdict, sent them out again, when after 6 hours they returned again with Not Guilty, at wch. the Judge grew very passionate, threatening them several times. They were sent out three several times more and persisted Not Guilty, upon which the Judge threatened to imprison and fine them, that so scared the 11 Dutch that in open Court being sent for (it being about an hour before the Court was to determine) were demanded why they were not agreed, and who it was that would not agree to find guilty, answer was made, John Ellis, upon wch. the Judge fell upon him with such menacing language in open Court, and a considerable time hectoring and threatening him, he so managed him too, that at last he gave his consent in open Court, where Baker was recorded guilty and fined 400 pieces of eight, and to remain in custody of the Sherrif till his fine was paid, and after that until he made acknowledgment as the Governor should think fit. A Court of Exchequer are now sitting to condemn Mr. Philip French 1,000l. on a bond he formerly gave to return certificate of the innumerated commodities shipt on board a brigantine one Wright Master, which vessel was lost at sea.
A Jury of enquiry have returned what estate Mr. Livingston has in this county, in order to a seizure for money said to be owing to the King, which the present Assembly, the present Council and the late Lord Bellomont made up his account and gave him bills for, but now it's said they have found out he has cheated them, for wch. his estate must be seized.
On the primo May we had the certainty of my Ld. Cornbury's arrival, since which our Assembly have sat night and day without any intermission, and in great hurry have finisht and publisht the day my Lord came up, seven Acts, one to pay Leisler's debts, 2,700l.; one to outlaw Mr. French and Mr. Wenham; one to add five members to the Assembly (in those counties where they hope they may carry it) with a clause that it shall not be in the power of a succeeding Governor to add any more members or diminish those that are; one for regulating the election of Aldermen (to perpetuate their tirannical Govt.); one to continue the additional revenue two years longer, out of which to pay 200l. per annum to Lt. Gov. Nanfan and 75l. per annum to Judge Atwood, and in case they should be superceded, then each to receive 140l., and 50l. per annum to Mr. Champanti to be their Agent in England; two other Acts to tie up the hands of the succeeding Governor and to make him their slave.
On the primo May were the original Addresses, for wch. Col. Bayard and Capt. Hutchins were condemned, delivered on board the Jersey to my Lord Cornbury by several merchants and others that were in exile. My Lord published his Commission, during wch. time and afterwards our Assembly continued sitting, but are since dissolved by proclamation.
As soon as the Governor had passed the seven Acts, the Secretary was sent for to affix the seal of the Province to them (a thing never done before, and only when the Acts are engrossed, in order to be transmitted to England), the Secretary not coming immediately was confined, and would have bin suspended, had not my Lord arrived, as also the Attorney General. Endorsed, Recd. from Mr. Lodwick. Read July 27, 1702. 2⅓ pp. [C.O. 5, 1047. No. 46; and 5, 1119. pp. 194–200.]
[? 4 May.] 413. Copy of an Act passed in New Hampshire, Sept. 13, 1701, for raising 550l. for defraying the public charges. Endorsed, Recd. April—, Read May 4, 1702. 2 pp. [C.O. 5, 862. No. 109.]
May 4.
414. Council of Trade and Plantations to the Earl of Nottingham. H.M. having thought fit to declare war with France and Spain, we think it our duty to lay before H.M., by your Lordship, the absolute necessity that letters be forthwith writ to each of H.M. Plantations in America, giving notice of the said Declaration, and with such Instructions as H.M. shall think fit thereupon, and that the said Letters be despatched by Advice-boats to be sent on purpose. Signed, Stamford, Rob. Cecill, Ph. Meadows, Wm. Blathwayt, Jon. Pollexfen. 1 p. [C.O. 5, 3. No. 1; and 324, 8. p. 150.]
May 4.
415. Journal of Council of Trade and Plantations. Order of Council, April 21, read and some notes upon the case of Mr. Clifford taken in order to the consideration of that matter when he shall call.
Letters to the Earl of Nottingham and another to Sir Charles Hedges, to acquaint them that as H.M. Principal Secretarys of State they are Members of this Commission, and to desire their assistance at the Board when their other affairs will permit, signed.
Letter to the Earl of Nottingham, about advice-boats for the Plantation, signed.
Letter from Mr. Sheaf, New Hampshire, Jan. 1, read. Directions given for taking a copy, and writing to Col. Dudley upon some part thereof, and to return the original to Mr. Usher that he may attend the Lord High Admiral with the proposal therein offered relating to masts.
Copy of the Act of New Hampshire, Sept. 13, 1701, for raising 550l. for defraying the public charge, read. Ordered that the Secretary write to Sir Henry Ashurst to enquire whether he have an authentick copy, and if so, to desire him to attend with it as soon as may be.
May 5. Mr. Jeronimy Clifford attending, the Secretary informed him that their Lordships had resolved to send copies of his papers to Sir John Cook, the Queen's Advocate, for his opinion.
Letter to the Lord Cornbury, relating to the masts and timber provided at New York by the late Lord Bellomont, signed.
Letter from Brigadier Selwyn, Feb. 6, read. Directions given for preparing an answer.
Letter from Col. Nicholson, Dec. 2, read, and the papers therein referred to laid before the Board. Representation thereupon ordered recommending three persons for vacancies in the Council of Jamaica as he desires.
Mr. Randolph laid before the Board a proposal made by him to the Earl of Nottingham for transmitting such notification as shall be thought fit to be given to the Plantations of the declaration of war by way of Bermudas, upon which, he said, his Lordship desired the opinion of this Board. A Letter was writt to the Earl of Nottingham upon that matter.
May 6. Enquiry being made of Mr. Ellis what had been done upon the letter writ to the Earl of Manchester, April 25, relating to the Boom for Newfoundland, and to a Commission for the Commodore of the Squadron, and answer being returned that the Boom had been referred to the Lord High Admiral, and that the Commission is dispatched and lies in Mr. Chetwynd's hands, ordered that the Secretary acquaint Mr. Burchet where the Commission lies, and desire to know of him what care is taken about sending the boom. [C.O. 391, 15. pp. 2–8; and 391, 96. Nos. 80–82.]
May 4.
416. Minutes of Council of New Hampshire. The Lt.-Gov. having been credibly informed that the Indians by their late carriage in some of the frontier towns have given just occasion of suspition that they design mischief against us, ordered that the Captains of Dover, Oyster River, and Exeter forthwith order Scouts to be kept on the Heads of the said frontier-towns, to wit, that Capt. Peter Coffin send two men to scout from Exeter to Pick-pocket Hill and thence to King's Town and so back to Exeter, and two men to Lamperell River to the house of John Smith's, and so back; that Capt. Woodman send two men from Oyster River to Lamperell River to Smith's and so back, and two men from Oyster River to Toll-end Falls to the House of John Hamm's junr.; and that Capt. John Tuttle send two men from John Hamm's to Salmon Falls, to the House of Capt. Ichabod Plaisted's, daily until further order.
Ordered that the present military watch in the Town of Portsmouth be continued till further order. [C.O. 5, 789. pp. 81, 82.]
May 5.
417. Council of Trade and Plantations to the Earl of Nottingham. We have been attended by Mr. Randolph, who, in pursuance of your Lordship's order, has brought us papers relating to a dispatch to be made to Bermudas, and from thence to the Plantations, of H.M. Declaration of war, which we think may be convenient, but we think it more safe and proper that, besides the forementioned conveyance, advice-boats be sent, one to the Government of New England, from whence the pacquets may be dispatched to H.M. Plantations as well on the Continent as to the Islands, and another to the President and Council of Barbados, with duplicates and orders to them that they transmit the same to the Islands, and to any one of the Plantations on the Continent, from whence the Governor may be directed to transmit the pacquets he shall receive to the rest of H.M. Governments on the Continent. The like notification may be given to the Company of Foot, and to H.M. subjects at Newfoundland, by the convoy ordered thither, in case (as we believe) that convoy is not yet sailed. Whether these letters are to be writ by your Lordship or by this Board, is humbly submitted. Signed, Rob. Cecill, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior. [C.O. 324, 8. pp. 151, 152.]
May 5.
418. Council of Trade and Plantations to Governor Lord Cornbury. Having understood that some masts and timber provided by the late Earl of Bellomont at New York, for the service of the Royal Navy, are yet remaining in that Province, but being uncertain whether the Masts are yet brought down to the Port and in a readiness to be shipt off, and it being necessary that some care be taken to prevent the waste and spoile both of the one and the other, and that they be employed to the uses for which they shall be found proper, we desire you so soon as possible to give an account of the particulars and of the state of the whole parcel, both masts and timber, to the Commissioners of H.M. Navy, together with your opinion how they may be best sent for England, in order to their directions thereupon. And we further desire you to give us the like information at the same time; as also your opinion in relation to all sorts of Naval Stores as required by your Instructions. Signed, Stamford, Rob. Cecill, Ph. Meadows, John Pollexfen, Mat. Prior. [C.O. 5, 1119. pp. 135, 136.]
May 5.
419. William Popple to Sir John Cooke, H.M. Advocate General. Enclosing for his opinion in Civil Law the petitions of Jeronimy Clifford. [See April 21, May 16.] [C.O. 389, 40. p. 130.]
May 5.
420. William Popple to John Champante. Enclosing copies of papers relating to the proceedings against Col. Bayard, etc. List enumerated. [C.O. 5, 1119. pp. 137, 138.]
May 5.
421. William Popple to Henry Adderly and Charles Lodwick. With similar enclosures. [C.O. 5, 1119. pp. 139, 140.]
May 5.
422. Copy of the Report of a Committee of the House of Commons, upon Mr. Hodges' Petition relating to the course of Justice in Barbados. The materials for the enquiry have been given in Cal. 1700, 1701. Evidence was given before the Committee to show that delay in holding courts was due to the sickness of the Governor, etc. It was resolved that Mr. Hodges had not made good his petition or any of the particulars of male administration against Lord Grey or the Commissioners of Trade and Plantations, and it was dismissed as "vexatious and scandalous." Signed, Paul Jodrell, Cl. Dom. Endorsed, Recd. Read June 12, 1702. 27½ pp. Enclosed,
422. i. List of Papers referred to in above Report. 1½ pp. [C.O. 28, 6. Nos. 55, 55.i.; and 29, 8. pp. 62–102.]
May 5.
423. William Popple to Mrs. Atwood. I enclose the copy of a Memorial laid before the Lords Commissioners for Trade and Plantations by Mr. Adderly and Mr. Lodwick, in which Mr. Atwood being particularly named, I judge it may be useful to you. The remaining papers relating to the proceedings against Col. Bayard, etc., I have sent to Mr. Champante, who will communicate them to you, and with whom you may please to confer, etc. [C.O. 5, 1119. p. 139.]
May 5. 424. Minutes of Council of Barbados. Upon information given by Mr. Larkin, orders were given that Charles Buckworth, Judge of the Vice-Admiralty Court, should issue out his warrant for apprehending Church convicted with Kid and said to have escaped from Newgate. Mr. Buckworth reported that the prisoner denied his name to be Church, but acknowledged himself to be the person intended. His name was Nicholas Churchell and he pleaded the King's Pardon, but having nothing to show for the same, he was committed to gaol.
Gunners' salaries paid.
Geo. McKenzie, merchant, was paid for 9 white servants who died after the Treasurer had refused to accept them.
40l. paid to Thomas Bradley for work done on the fortifications in St. James' precincts.
Petition of Arthur Slingsby and George McKenzie, Attorneys to John Nanfan of New York, and Elizabeth his wife, and Dorothy Chamberlen, Henry Applewaite and Arthur Slingsby, attorneys to Middleton Chamber[len], as also the said Dorothy, wife of the said Middleton, praying for an Appeal against the administration of the estate of William Chester granted to John Eginton, was granted, upon their giving the usual security. [C.O. 31, 6. pp. 212–214.]