America and West Indies: May 1702, 6-10

Pages 295-305

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 6. 425. William Popple to Josiah Burchett. The Commission of the Commodore of the Newfoundland Squadron to command at land during his stay in those parts now lies ready. The Council of Trade and Plantations having also understood that the obstruction, which has been about sending a boom to Newfoundland, was referred to H.E. [the Lord High Admiral]; and the dispatch of that service appearing to them a matter of great importance, they desire you to let them know what has been done therein. [C.O. 195, 3. p. 97.]
May 6.
426. Mr. Burchett to Mr. Popple. The Lord High Admiral will give orders to the Commodore of the convoy to cause assistance not only in cutting the Boom for the Harbour of St. John's in those parts, but fixing it by the carpenters of H.M. ships that shall go under his command. I will take care for the delivery of the Commission. Signed, J. Burchett. Endorsed, Recd. Read May 7, 1702. Addressed. 1 p. [C.O. 194, 2. No. 75; and 195, 3. p. 98.]
May 6. 427. Minutes of Council of the Massachusetts Bay. The limits betwixt Sherborne and Framingham depending before the Assembly, ordered that the Assessors, etc., forbear to assess, collect or enforce payment to any Province or Town-rates from any of the persons concerning whom it is disputable to which of the Towns they belong.
Warrant signed for the Treasurer to supply Capt. Southack with 200l., out of the stock allowed by the Assembly, in provisions and goods suitable for the Eastern Indians; to be transported to them in the Province galley.
John Viall paid 17l. 17s. 6d. for 65 barrels of beer supplied by him for the use of the garrison of the Castle, Dec. 9, 1701-April 10, 1702.
Accounts, of billets for the soldiers lately detached for H.M. service at the Castle, committed.
Licence granted to Ichabod Williston and John More to build a timber dwelling-house upon their land butting on the lane or alley leading from the back street down to the sign of the Salutation.
Licence granted to Ezekiel Needham and Solomon Townsend to erect a timber building on land butting on the same lane.
Licence granted to William Hill to erect a timber building on his land adjoining his house in Wing's Lane in Boston.
Licence granted to John Stevens to erect a timber building on his land adjoining the North West side of the house of Robert Grammon, decd., and in addition thereto, being situate between the house in which Thomas Kellom, glazier, dwells, and that in which Widow Clark dwells, nigh unto Captain David Robertson's house, at the North End of Boston.
Licence granted to Nathaniel Loring to erect a timber building on his land at the North end of Boston, lying between the House and land of Joseph Arnold, and that wherein Deborah Keen late dwelt, over against the house of John Green, the end of said house to front to the street. [C.O. 5, 788. pp. 137–139.]
May 6. 428. Minutes of Council of Virginia. Order given for granting leave to ships to sail for any of the Plantations, notwithstanding the former embargo (April 25).
Letter from Mr. Burchett, Jan. 29, 170½, read and the following paragraph sent to the Collectors and Naval officers, to intimate the same to commanders of ships :—"The gentlemen trading to Virginia have made applications to my Lord Admiral the Earl of Pembroke, for a convoy to secure home their effects, and four fourth-rates and fifth-rates for that purpose, which will be going from hence the beginning of March, so that I doubt not but you will take the necessary care to cause all possible dispatch to be made in the getting the Trade in readiness to come home against the convoy arrive." [C.O. 5, 1409. p. 214.]
May 7. 429. Council of Trade and Plantations to the Queen. Having understood from Mr. Lewis Burwell appointed by his late Majesty a Member of the Council of your Majesty's Colony of Virginia, that by reason of his age and infirmities he is not capable to perform the duties of that place and that he dos therefore desire to be excused from undertaking it; and having likewise understood from Gov. Nicholson that by reason of the small number of Counsellors residing there, the great distance of the habitation of diverse of them from the seat of Government, and the difficulties that many times happen in passing the bays or rivers of that country, he finds it difficult to get a quorum of Counsellors to meet upon any certain appointment; for which reason he desires that the number of twelve (at least) may be always kept up full, and in order thereunto has lately sent us a list of the names of persons whom he esteems fitly qualified to supply vacancies in Council, according to his late Majesty's instructions to him in that behalf; we humbly propose to your Majesty that the said Burwell be discharged (as he desires) from the place of Counsellor in Virginia, and that Philip Ludwell, William Bassett, and Henry Duke, Esqrs., whom the Governour recommends, and against whom we have no objection, may be constituted by your Majesty Members of the Council of Virginia to supply the present vacancies. Signed, Stamford, Robt. Cecill, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior. [C.O. 5, 1360. pp. 172–174; and 5, 1335. pp. 5, 6.]
May 7. 430. Sir Henry Ashhurst to Mr. Popple. In answer to your letter of 4th instant, I never saw the copy of an Act passed Sept. 13 last by the Government of New Hampshire relating to the giving of 550l. for to defray the publick charge. But if the Council of Trade and Plantations desire further satisfaction relating to that Province, I will attend their commands upon their first notice. Signed, Hen. Ashhurst. Endorsed, Recd. 8th, Read May 13, 1702. ½ p. [C.O. 5, 862. No. 111.]
May 7.
431. Circular Letter from the Earl of Nottingham to all the Governors, etc., in America. The Queen having been pleased to constitute me one of her Principal Secretaries of State, it is necessary that I should inform you of it, that for the future you may direct to me such letters as relate to H.M. service, and I desire you from time to time to acquaint me with such things as occur in your parts. And I am commanded to acquaint you that H.M. has declared warr against France and Spain, as you will see by the enclosed Declaration, and to signify H.M. pleasure to you that you cause it to be proclaimed in the places under your Government, that Her subjects having this notice may take care to prevent any mischiefs, which otherwise they might suffer from the enemy, and do their duty in their several stations, to annoy the subjects of France and Spain. I must also acquaint you that the Emperor and the States General have also declared Warre against France and Spain Endorsed, Recd. Read May 8, 1702. 1 p. [C.O. 323, 3. No. 127; and 324, 8. p. 153.]
May 7. 432. Copy of second paragraph of above, probably made at a late date. ½ p. [C.O. 5, 3. No. 3.]
May 7. 433. Copy of above letter from the Earl of Nottingham to the Lords Proprietors of Carolina and the Bahamas. [C.O. 5, 289. p. 91.]
May 7. 434. Memorandum of above letter to the Lords Proprietors of the Bahamas. ¼ p. [C.O. 5, 1261. No. 88.]
May 7. 435. Memorandum of above letter to the Lords Proprietors of Carolina. ¼ p. [C.O. 5, 1261. No. 89.]
May 7. 436. Memorandum of letter above from the Earl of Nottingham to the President and Council of Barbadoes. [C.O. 28, 6. No. 56.]
May 7. 437. Memorandum of above letter from the Earl of Nottingham to Capt. Bennett, Lt.-Gov. of Bermuda. ¼ p. [C.O. 37, 3. No. 70.]
May 7. 438. Memorandum of similar letter to the Governor and Company of Connecticut. ¼ p. [C.O. 5, 1261. No. 92.]
May 7. 439. Memorandum of above letter from the Earl of Nottingham to Brigadier Selwyn, Governor of Jamaica. ¼ p. [C.O. 137, 5. No. 66.]
May 7. 440. Memorandum of above letter from the Earl of Nottingham to Col. Codrington, Governor of the Leeward Islands. ¼ p. [C.O. 152, 4. No. 89.]
May 7. 441. Memorandum of above letter from the Earl of Nottingham to Col. Blakiston, Governor of Maryland. ¼ p. [C.O. 5, 715. No. 51.]
May 7. 442. Memorandum of above letter from the Earl of Nottingham to Col. Dudley. ¼ p. [C.O. 5, 862. No. 110.]
May 7. 443. Memorandum of above letter from the Earl of Nottingham to the Lord Cornbury, Governor of New York. Endorsed, Recd. Read May 8, 1702. ¼ p. [C.O. 5, 1047. No. 47; and 5, 1261. No. 91.]
May 7. 444. Copy of similar letter from the Earl of Nottingham to Col. Nicholson, Governor of Virginia, for proclaiming war against France and Spain. 1 p. [C.O. 5, 1312. No. 32.; and 5, 3. No. 2; and (Memorandum only, ¼ p.) 5, 1312. No. 32.]
May 7. 445. Memorandum of similar letter to Capt Swanton. Commodore of the Newfoundland Convoy. ¼ p. [C.O. 194, 2. No. 76.]
May 7. 446. Memorandum of similar letter to Governor Penn. ¼ p. [C.O. 5, 1261. No. 90.]
May 7. 447. Memorandum of similar letter to the Governor and Company of Rhode Island. ¼ p. [C.O. 5, 1261. No 93.]
May 8.
448. William Popple to Mr. Burchett. Enclosing copies of above letter, to be forwarded. [C.O. 324, 8. pp. 154–157.]
May 7.
449. Journal of Council of Trade and Plantations. Letter from Mr. Burchet read.
Representation for constituting three new Members in H.M. Council of Virginia signed.
Letter to Governor Selwyn agreed upon.
Letter to the Lord Godolphin to acquaint him that by his place of Lord High Treasurer he is of this Board, and to desire his assistance when his other affairs will permit, signed.
May 8. Letters from the Earl of Nottingham, notifying the war to the Plantations, laid before the Board. Mr. Armstrong, who brought them, signified that they are to be sent to the Lord High Admiral for conveyance by advice-boats. Letter written to the Lords Proprietors of Carolina on the subject. The letter for the Bermudas was sent to Mr. Randolph to be transmitted by the first ship sailing direct. The remaining letters were sent to Mr. Burchet.
Letter to Brigadier Selwyn signed. [C.O. 391, 15. pp. 9–14; and 391, 96. Nos. 83, 84.]
May 8.
450. Council of Trade and Plantations to the Lords Proprietors of Carolina and the Bahamas. We send you here inclosed two letters from the Rt. Honble. Earle of Nottingham, Principal Secretary of State, relating to the notification of war with France and Spain, that you may observe the directions therein given you, with relation to her Majesty's province of Carolina and her Colony of the Bahama Islands. And we further acquaint you that there are Advice-Boats appointed by his Excellency the Lord High Admiral for carrying these notifications to all her Majesty's Plantations, which Advice-Boats are to sail immediately. Signed, Stamford, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior. [C.O. 5, 1289. pp. 456, 457; and 5, 289. p. 91.]
May 8.
451. Council of Trade and Plantations to Governor Selwyn. Enclosing letters from the Earl of Nottingham, as above. You are to take care to observe the orders therein directed to yourself and to dispatch the other packets to the several Plantations with all speed. Signed, Stamford, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. [C.O. 138, 10. p. 329.]
May 8. 452. Similar letter, mutatis mutandis, from the Council of Trade and Plantations to the President and Council of Barbados. [C.O. 29, 8. pp. 25, 26.]
May 8. 453. Lords Proprietors of the Bahamas to the [? Government of Bahamas]. Sirs, We have just received H.M. commands for declaring war against France and Spain. We do therefore order and direct you to declare war accordingly, and that you do your duties in your several stations to annoy the subjects of France and Spain, and to preserve and defend our Colony. Wherein we can be serviceable to you, pray send word, and all necessary care shall be taken for your security. Signed, J. Granville, Palatine, M. Ashley, Craven, Barkeley, John Colleton, J. Granville for Lord Carteret. The like sent to Carolina. [C.O. 5, 289. p. 91.]
May 8.
454. Council of Trade and Plantations to Governor Selwyn. We have received yours of Feb. 6th. We are very glad of your safety, and hope your next will give us an account of the arrival of the rest, so that you may be in a condition to defend the Island and offend an enemy, as there shall be an occasion, which may probably happen in a short time, H.M. having declared war against France and Spain. We are sorry to observe the great confusion you say the Island was in with relation to Civil Justice, by reason they had been so long under Martial Law, yet doubt not but you will have taken speedy care to make the people easy in the first respect without neglecting anything necessary for their security in the other. We are glad that you have resolved to call a New Assembly, and hope the ill humour that was grown up in the last will by your prudence and care be dispersed; so that you will be able to dispose the inhabitants (out of a sense of his late Majesty's extraordinary favour towards them in the provision made for their defence) to a more ready compliance with what you may find necessary for H.M. service, of whose gracious protection and care you may assure them. The settling of a public Revenue, as was done by an Act in the Duke of Albemarle's time, is a matter in which you must use your utmost endeavours to manage and perswade them to a compliance, for the thing is necessary, and in case the Assembly continue refractory, that Act will be confirmed according as has already been signified, Feb. 4, 1700.
At your departure from hence, you had an additional Instruction to move the Assembly to reimburse the Board of Ordnance for the stores then sent, and another Instruction of the same kind, Sept. 30, 1701, sent after you: since which the Principal Officers of the Ordnance have again (Dec. 27, 1701) desired that the like care be taken in relation to the stores last sent, and to the pay of Officers and Artificers there.
It has happened upon occasion of some Acts of Assembly transmitted hither relating to the interest of private persons, that we have wanted such informations as were necessary in the cases, and we therefore desire you on all occasions relating to private Acts to take care that some reasonable proofs be sent hither of the chief suggestions upon which any such Act is grounded. Signed, Stamford, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior. [C.O. 138, 10. pp. 330–332.]
May 8.
455. Minutes of Council of Maryland. H.E. being desirous to take all possible care and [? of] the shipping now in the Province upon this dangerous conjuncture of an impending war, lays before the Board a letter from Mr. Micajah Perry, an eminent Merchant in London, Jan. 24, 1701(2), and others, which give account of a good convoy intended to fetch home the Virginia and Maryland Fleet, which convoy was to sail March 1st; but in regard a vessel arrived last week, which sailed from England March 10th, and was not assured when the convoy might be expected, after considering H.E.'s Instructions, the Board advised that no embargo be laid, until H.E. receive express directions from England.
Petition of John Jones, of Baltimore County, carpenter, read. Having been convicted of manslaughter at the last Provincial Court, and suffered the corporal punishment of being burnt in the hand, and having also forfeited all his goods and chattels to the King, so that he hath nothing to sustain his wife and six small children, prays for execution upon his estate to be suspended. Granted, upon good security being given that the said estate shall be forthcoming when required.
It having been represented that one David Hughes hath been convicted for breaking a Store, and stealing some small quantity of rum and sugar, in which fact his Master was found to have been concerned with him, it being considered that David Hughes was a servant under the terror of his Master, and being very young, upon his great bewayling his folly, ordered that H.M. gracious pardon be extended him.
H.E. acquainted the Board that Lt.-Col. Thomas Smithson, the present Chief Justice of the Provincial Court, had refused to serve in that station any longer then this present Court. Resolved, in regard that Col. Smithson is so well qualified and gives such great satisfaction to the country in his station, that it be recommended to the next Assembly to consider of some encouragement to be given him for his continuance in that station.
Major William Dent, Attorney General, finding his health impaired and living remote, desired to be discharged. The Council recommended Wm. Bladen for the post.
9l. 0s. 4d. paid to Major Dent for money paid by him for cleansing and fixing the public arms in Charles County, 1701. [C.O. 5, 744. pp. 23–26.]
May 8. 456. Minutes of Council of the Massachusetts Bay. Sailing orders to Capt. Southack, H.M.S. Province galley, on a voyage to the Eastward, with supplies for trade with the Indians, were drawn up and signed. His account for repairs was examined and paid. [C.O. 5, 788. pp. 139, 140.]
May 10.
457. Governor Codrington to the Council of Trade and Plantations. I had been before this at Nevis and St. Kitts, if the surprising news had not reached us—a los not to be exprest but thought of. I shall take care to keep things in order till yor. Lordps. send me a furlow for six months or for ever, wch. I beg of you. These Governments must be in good ernest put upon another foot before an honest man can serve in one of them, or answer the ends for wch. he is sent hither. The enclosed will let your Lordsps. know poor Mr. Elrington is freed from a world and a government equally troublesome. However, I shall vindicate the gentleman's reputation to your Lordsps. as soon as I can be sensible of any concern but the public one. 'Tis possible Mr. Carpenter will shortly send you a complaint against me too, for he has been laying in a stock of provocations a good while to oblige me to use him ill—but I promise your Lordships if he treats me as he did Col. Elrington, I shall not break his head with a cause but a brace of balls, for it cannot yet get into my understanding that I am to be worse treated as the King's Governor than as a private gentleman. I suppose Mr. Carpenter never writ that he struck the Governor and sent him a challenge in his own gov[ern]ment, not with a design to fight him, I believe indeed, but to raise a tumult and be carryed of in triumph with his Jacobite friends. This gentleman has not yet had the manners to come to me, that he might be sworn and give the security the Law of this Iland requires, so that at present we have no Secretary, and I must, with all humility, lay before your Lordships that if Mr. Carpenter be Secretary, I cannot be General. My employ is so troublous as well as chargeable to me that 'tis not worth my while to give yr. Lordsps. a reason for wt. I say, nor shall I put myself to any pains in proving and defending, but I shall be able to give the world a very good account of myself in this and every other particular. My good intentions I find are ill seconded as well as very ill rewarded, and I shall be easier in my hermitage. I had long desired Col. Elrington to accept of the Government of St. Kits, where his estate lay, but he told me Mr. Mead and Mr. Cole had so poisoned it with their venomous factions, that he would have nothing to do with it, and had rather lose his estate there than his reputation. There are indeed some very foolish people, and they have been debaucht by those who have as little honesty as they have sense. Upon the least alarm they are out of their wits, and immediately sent me up an Address to come down to them, and then nothing but my courage, conduct, wisdom and a thousand other qualities which they can see another time can preserve them. But as soon as the danger is past, they are all faction and folly agen, and will do nothing that is reasonable for the good of their Iland. But the two gentlemen, who came up to me as Deputys from thence last night, both as honest, discreet men assure me they are now generally in good dispositions, are fully satisfied Mr. Cole is a factious, malicious villain, and will be influenced by him no more. I will goe down thither and try what good is to be done with them, and if I doe not succeed now, I shall despair for ever. I shall thence also send yr. Lordsps. some papers in relation to Mr. Mead's and Mr. Freeman's causes; in the meantime I have some from hence wch. Mr. Cary will lay before yr. Lordsps. Signed, Chr. Codrington. Endorsed, Recd. 9th, Read July 10, 1702. Holograph. 3 pp. Enclosed,
457. i. Abstract of preceding. 1¼ pp.
457. ii. An account of Col. Elrington's Death. This 30th day of April, 1702, about 10 o'clock at night, I came from on board H.M.S. Canterbury in company with Col. Elrington, Lt. Bellisses and Lt. Stevens, and as I was near Mrs. Richardson Maypoule's, heard the Widow Stevens call out "He is going to break open my house." At which words Col. Elrington stept before any of ye Company to a gentleman that stood under said Stevens her window uttering these words "G—d d—n you for a b—h." (I understood said gentleman afterwards to bear the title of Capt. Chambers.) Col. Elrington took Chambers by the shoulders, saying "Who are you, what are you, and what makes you so rude?" Chambers answering "God d—n your blood, who are you?" Col. Elrington gave him a small blow with the flat of his right hand on his left cheek. Chambers was then going to draw his sword, and swore as before. Then Lt. Bellisses takes him by the shoulders, saying "It's the Governor." He replied "G—d d—n his blood, he did not care." Col. Elrington asked him who he was and where he was bound. He said he was a King's Captain. Col. Elrington replied "I am sorry to hear it and see you so rude" and took him by the two arms. Still Chambers swore as before. Then the Governor was striking at him with his little cane. Chambers stept back and drew his sword and passed at the Governor, and I believe gave him a prick in the left side, by the wound I afterwards saw, but at the same time and when the Governor drew his sword, but I thought as before that neither had toucht one the other till parted, and I saw the Governor's shirt bloody. Signed, Tho. Minor. Note in Codrington's hand. He dy'd that night. Endorsed as letter. 1 p.
457. iii. Copy of report of the inquest held upon Col. Elrington. Nevis, May 1, 1702. Names of Jurors:—Saml. Clarke, Wm. Bowrey, Richd. Bowrey, Henry Rawlins, John Hilton, Jno. Thornton, Michl. Roe, John Edgerley, Jno. Law, Sam. Browne, James Milliken, Edwd. James, James Abbott, Matthew Mills, John Everendon, Timothy Hare, Wm. Kitt, jr., Wm. Weekes. Endorsed, Recd. 9th. Read July 13, 1702. 1 p. On reverse,
457. iii. (a). Copy of summons of above Inquest by Jno. Smargin, Coroner. ½ p.
457. iv. Council of St. Christopher's to Governor Codrington. We understanding that the most unhappy news of the death of the best of Kings, which overwhelms us with unexpressible grief, has put a stop to your Excellency's intentions of coming down here so soon as your last letter intimated, and our President Col. McArthur being now under a great weakness of body, and thereby obliged to enter into a course of Physick, which may prevent him from giving necessary orders and countenance by his presence requisite in case the French should attack us, which we have reason suddenly to expect. The want of such necessary orders then may be of fatal consequence to us, makes us presume humbly to address ourselves to your Excellency that you would be pleased to appoint some other person to act in that post till we can have the happiness and honour of your Excellency's presence very much wisht for to inspire our men with fresh vigour, etc., as also to strike a greater terror into the French. Upon the confirmation of the Act of Nevis for raising the Companies there for the service of this Island, they seem only to wait your commands for their coming down. We therefore humbly hope your Excellency in your great prudence and timely orders will put them in a readyness of answering by their service the end for which they are establisht, and that H.M. soldiers of Brigadier Tiffin's Regiment, lately arrived to these Islands under your Excellency's government for the defence thereof, may be sent to remaine upon this Island for two months' time, during whose aboad the Publique of this Island are contented to give them and their officers free quarters. We also being assured that M. de Gennes has sent for the French forces from Saint Martin's and Bartholomew's to reinforce him, humbly beg your Excellency would be pleased to send your commands to the people of Anguilla and Spanish Town to come up here, assuring your Excellency wee will upon such order forthwith send sloops to bring them up, not doubting but the inhabitants of the Windward side of this Island will be very ready and glad to entertain them, by reason they were so very desirous of having some of Brigadier Tiffin's Regiment quarter'd upon them, and seem dissatisfied that they have none. And whereas there is a present necessity for a publique fund to provide ourselves with several necessarys that are extreamly wanted, and a fixt number of slaves to put upon publique works for our better defence, we humbly beg your Excellency would give us leave to call together the new elected Assembly, and swear them, that they may be impower'd to consult proper methods and draw up Bills for that end, and likewise to renew the Billets, the time of the former being expired. Signed, Mich. Lambert, Henry Burrell, Sam. Crookes, John Garnett, Stephen Payne. Endorsed, Recd. July 9, 1702. 1 large p. [C.O. 152, 4. Nos. 96, 96.i.–iv.; and (without enclosures) 153, 7. pp. 487–491.]