America and West Indies: June 1702, 1-5

Pages 367-378

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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June 1702

June 1. 558. Copy of an Act [of Pensylvania] for preventing Clandestine Marriages. Endorsed, Recd. from the Bishop of London. Recd. Read June 1, 1702. 1¾ pp. [C.O. 5, 1261. No. 104.]
June 1.
559. Council of Trade and Plantations to the Earl of Nottingham. The merchants and traders to Newfoundland having presented us with papers importing the great advantage of fortifying Trinity Harbour for protecting that Fishery to the northward, from Cape St. Francis to Green's Pond, which lies about 14 leagues to the northward of Bonavista, and further informing us that an affidavit is made of about 45 sail of French ships gone this year with stone and materials to make a fortification at Chapeau Rouge, which lies about 20 or 30 leagues to the N. of our Fishery, and will, as is alledged, be the ruin of the same, except we have some fortifications thereabouts, and the season being now come for the departure of the Newfoundland Convoy, we pray your Lordship to lay the matter before H.M., with our humble opinion that such a Fort as is proposed by the merchants would be of great security to our Fishery to the Northward in Newfoundland. But whether it may be advisable at this time of the year to send thither such a number of guns and quantity of ammunition as is proposed, without a Fort as well as a small garrison, which cannot safely be spared from St. John's, and which may be further considered of against the next year, is humbly submitted. But it will be very expedient that orders be given to the Commodore of the Convoy to direct a frigat or frigats to visit those parts, and the fortification which the French are said to be making at Chapeau Rouge, and to destroy the same, and any other French settlement they shall find there or elsewhere on Newfoundland, so far forth as may consist with his Instructions from H.R.H. the Lord High Admiral, and that the said Commodore do likewise cause a view to be taken of the ground proposed by our merchants for the building of a Fort, and bring a draught of the same, and report his opinion whether it may be proper, and what materials will be necessary to be sent from here, for the effecting thereof the next year, if it shall be found necessary. Signed, Rob. Cecill, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior. Autographs. 2¾ pp. [C.O. 194, 22. No. 2; and 195, 3. pp. 104–106.]
June 1.
at Jamaica.
560. Vice-Admiral Benbow to Mr. Secretary Vernon. Since my last I have advice by a Spanish sloop come from Cuba and put into this place that on May 12 Mounsr. Shatternoe was at the Havanna with 26 French men-of-war, who daily waited the coming of the Flota from La Vera Cruise thither, expecting to convoy them for Europe. I have not strength to prevent them, neither have we provisions to proceed on such an undertaking. The Gloucester and Seahorse sailed May 25 for Carthagena with a letter to the Governor; one of the same tenor I sent to the Havanna, likewise intend another to the Vice-Roy of Mexico. Our men-of-war, which I advised in my former were cruising off of Logan, bring no news more then the confirmation of what the Spaniard says.
The Government of this Island now is entirely in the hands of the Planters, who mind nothing but getting estates, and when so to go off, having no regard to the King's interest or subjects, for at this time we can hardly get fresh provisions to support our sick, the ships and soldiers being a great burthen to them, as they say, and wish they had never come into these parts. The inhabitants are grown very rich, and value themselves for being Judges and Parties in making and executing their own Laws; they do whatever the desire of gain leads them to without any regard to the Laws of our Country; these violent proceedings cannot continue long; if they do the Island must be ruined, not to be remedied but by conforming 'em to our English Laws, and they have a Governor who is neither Planter nor Merchant, but such as will propagate the King's interest and security of his subjects. If the Spaniards will put themselves under a French convoy, my humble opinion is that they will sail from the Havannah the latter end of this instant June; I thought it my duty to signify this, and for its more speedy conveyance have dispatched the Tryall longboat therewith, that such measures as shall be thought most proper may be timely taken.
Bredah at Jamaica. June 30, 1702. Since my last, we have certain advice of the King's death, and Queen Ann's being proclaimed in England, which was also done here the 24th inst., and the evening preceding the memory of his late Majesty solemnized both by sea and land, since which all our officers have sworn allegiance to H.M., whom God preserve. We have no further account of the French at the Havanna, but have heard by a sloop which lately came from Petit-guava that there were four victuallers bound from thence to the Havanna, which gives room to believe that they are there still; in order to intercept them have sent three men-of-war to cruise between Cape Nichols and Cape Mayers in the tract that leads that way; and this day sails Rr. Admiral Whetstone with the ships in the margent [Canterbury, Dunkirk, Dreadnought, Bristol, Kingston, Hermon fireship] to intercept Mounsr. Ducasse, who, I hear, is expected at Port Lewis with four sail of men-of-war to settle the Assento at Cartagena, and to destroy the trade of the English and Dutch. Our ships I sent to Cartagena, as advised, are not yet returned; thither I designe to goe in 5 or 6 days with the remaining part of the squadron, in hopes to meet with Ducass, if Rear Admiral Whetstone should not on the coast of Hispaniola, a coppie of whose orders are enclosed. Our men diminish dayly and ships' stores decay, which in a little time will in good earnest want a supply. We have as yet committed no hostilities on the French, nor they on us as I here, but have notice that they have proclaimed war with the Dutch, if so, I hope our interest are not separate. Here has not anything of moment offered since I received the Lords Justices' Orders, otherwise would not have failed in putting them in execution to the utmost of my power. This comes by H.M.S. Scarborough, who has been in these parts some time and requires to be at home, who brings with her the widdow of the late Governor Selwyn. Enclosed also is the circumstances of H.M. ships here. We have repaired the defects of the Bristoll for the present. Our men-of-war which sailed from hence May 25 with a letter to the Governor of Cartagena are not yet arrived, tho' two days since received by a sloop the enclosed letter from the Governor in answer to mine. Col. Bruer is dead. Signed, J. Benbow. Endorsed, R. Sept. 10, 1702. 3¼ pp. Enclosed,
560. i. Copy of Orders from Vice-Admiral Benbow to Rear Admiral William Whetstone, H.M.S. Bredah, Nr. Port Royal, Jamaica, June 26, 1702. Whereas I am informed that Mounsr. Du Cass is suddenly expected at Port Lewis with four French men-of-war, and from thence is designed for Cartagena in order to settle the Assento as also to prevent the English and Dutch having any trade on that coast, you are hereby required and directed the first opportunity to sail with H.M.S. Canterbury, and take under your command the Dunkirk, Dreadnought, Bristoll, Kingstone, Harman fireship, and make the best of your way to Port Lewis, and cruise there for forty days not forty leagues to the eastward of the said Port nor to the westward of the East end of the Isle of Ash [? Isle des Vaches], nor further to the southward then that you may deserne ships that may pass between you and the shore. And in case you should meet with Mounsr. Du Cass you are to use your utmost endeavour to bring him to Jamaica, and treat him as an enemy, or any other French men-of-war you shall meet with that has any way obstructed or molested the quiet of our trade. And whereas it's not certain that war is proclaimed, in case you make yourself Master of any ships of this kind, etc., you are to suffer no imbezlements, as you will answer the contrary (that in case fact be not proved against them, they may be returned entire). Signed, J. Benbow. 1 p.
560. ii. Condition of H.M. ships at Jamaica, June 29, 1702. Cf. No. 333.i. Signed, J. Benbow. 1 large p. [C.O. 137, 45. Nos. 8, 8.i., ii.]
June 1.
561. Council of Trade and Plantations to the Earl of Nottingham. Enclosed is the form of a letter in behalf of Col. Morris which may not be improper for H.M. to sign. Signed, Robt. Cecill, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior. Annexed,
561. i. Anne by the grace of God, Queen, etc., We do hereby require all our loving subjects within our Colony of New Jersey to have a due regard to Col. Morris in his endeavours to preserve the peace and quiet of the Colony, upon the surrender that has been made by the Proprietors, until we shall give our further orders. [C.O. 5, 1290. pp. 13, 14.]
June 1.
562. The original of above letter from the Council of Trade and Plantations to the Earl of Nottingham. Signed, as above. 1 p. Enclosed,
562. i. Memorandum: That Col. Morris have a letter to look into the affairs of the Jerseys and to examine matters till a Governor be sent. No signature. ¼ p. [C.O. 5, 980. Nos. 29, 29.i.]
June 1. 563. Journal of Council of Trade and Plantations. Letter written to the Earl of Nottingham, relating to Newfoundland. Mr. Chamberlain from the Lord Bishop of London, presented a copy of the Pennsylvania Marriage Act. Copy ordered to be given to Mr. Penn.
Mr. Penn presented a Memorial relating to Bradenham, who was ordered to attend to-morrow.
Mr. Blathwayt signifying that the Earl of Nottingham desired the Board to consider the draught of a letter in behalf of Col. Morris, a draught was prepared and sent accordingly. Col. Quary and Mr. Penn attending, their Lordships proceeded in considering the abstract of Articles entered up, May 19. The third of those Articles, with Mr. Penn's answer to Col. Quary's reply, were read. Upon which Mr. Penn readily acknowledged that he had given Commissions to two Sheriffs to be water-baylifs, so that the question (he said) only remains whether that power did belong unto him or the Admiralty. Col. Quary offered that the Court of Admiralty is settled by the Act of 7 and 8 William III, and, at his desire, one of those Commissions (to Thomas Farmer) was read. He complained that not only by that, but by the general practice of the Government there, in bringing all trials relating to breaches of the Acts for Trade into the Courts of the Country, Mr. Penn had assumed all the powers of his Admiralty Commission, and that the intent of the aforesaid Act of Parliament was frustrated. In proof of their bringing those causes into their Courts, Robert Ashton's Letter to Mr. Penn, Dec. 17, 1701, was read, at his desire. He next shewed part of a letter from John More to himself concerning the favour shown by the Government of Pennsylvania to one Righton, Master of a vessel, who had been divers times concerned in carrying on illegal trade, and in testimony of Righton's practices of that kind, he appealed to Mr. Randolph and Mr. Basse here present, who confirmed the same, and particularly instanced his having formerly been brought up to Burlington in West Jersey, and there favoured in like manner by Col. Hamilton. Mr. Penn answered that he had advised with the best lawyers, and been told that the Commissions granted by him to water-bailifs are within the powers of his Patent, and that in many cases the proceedings in pursuance of the powers given by Admiralty Commissions are reversible by Common Law. He therefore desired that Council on both sides, Civilians and Common Lawyers, may be heard, and the boundaries of these Jurisdictions fully settled, before any resolution be taken upon this head. He added that, notwithstanding his right, he had been so desirous of keeping faire with Col. Quary, that upon his first complaint he had recalled the Commission, so that no further Commission have been made upon it.
The 4th Article with Penn's reply was read. Col. Quary, after having referred to the Addresses of the Representatives of the Three Lower Counties, represented the necessity of a settled Militia from the example of all H.M. other Governments on the Continent of America, and said that without it the Country cannot be safe, either against pirates by sea, or the incursions of Indians or enemies by land. In confirmation, he laid the deposition of Robert Snead, Nov. 26, 1701, before the Board.
Mr. Penn replied that they are in no fear of an enemy by land, because the Queen's Colonies do lie between them and the French, and that the best security for all the Plantations by sea, as well against enemies as pirates, is shipping. And whereas it was objected to him that the Government of Pennsylvania had been restored to him upon condition that he should settle a Militia for the security of it, he absolutely denied that he ever made any promise to do so, but acknowledged that he promised to use endeavours towards the procuring a Quota of Assistance for New York, which he did accordingly and succeeded in it. As to settling a Militia, the Commissions given by Col. Fletcher were still in force, and before his coming away, he called several of the Captains before him, and asked them why they did not execute their Commissions.
The 5th Article and reply were read. Col. Quary affirmed that he himself was an eye witness of a great many strange Indians coming from Mr. Penn to desire a settlement in that Government, and that one of those Nations had formerly resided in the Government of Maryland, but complained that upon suspicion of their having killed some English, they had been unkindly used there, and that Mr. Penn replied that if they had been so guilty, he could not protect them, but if not, they should be welcome. Mr. Penn answered that all the several Nations of Indians here mentioned by Col. Quary do not in whole amount to 300, and referred to the Indenture of Agreement he made with them, and a letter from M. Le Fort.
Ordered that both parties attend on Thursday, to the further consideration of these matters.
June 2. Mr. Brandingham [Bradenham] attending, said he desired Mr. Penn should deliver to him Mr. Portlock's Bond, and pay him the value of some Arabian gold of his, which was secured in Pennsylvania, or at least give him security for the payment thereof. He was ordered to attend Mr. Secretary Hedges and to receive his directions.
Mr. Attorney General's Report upon two Acts of Antigoa, April and Aug. 1701, read. With regard to the second Act, it appearing that Mr. Cary has purchased the lands therein-mentioned, and executed a deed whereby he disclaims all benefit by the said Act in prejudice to any right that may be claimed under James Rolt other than by his heirs, ordered that he execute a duplicate thereof to be transmitted to Col. Codrington and registered in Antegoa as proposed by Mr. Attorney. [C.O. 391, 15. pp. 52–62; and 391, 96. Nos. 97, 98.]
June 1.
564. Minutes of Council of the Massachusetts Bay. Letters to H.M. Governments of New York, Connecticut, Rhode Island, and New Hampshire, giving them an accompt of the intelligences received of the death of King William and the accession of Queen Anne, etc., signed and ordered to be sent forward by the Post.
June 2. Letter to Mr. Brouillan, Governor of Port Royal, agreed upon, to give him an accompt of the information received that the Indians have in a hostile manner surprised and taken three fishing ketches of Salem at Port Latour, kil'd one of the Masters and detained two men more, pretending to act by Commission from Mr. Brouillan, and to enquire whether and how far he will own or countenance the action, and to demand the restoration of the vessels and men, and that justice be done. Ordered that the letter be dispatched by Mr James Robe. Ordered that the funeral solemnity of King William be performed on the 4th, and that Mr. Benjamin Wadsworth be invited to preach a suitable sermon on that day; the Council to be then in mourning; the Ordnance to be discharged, the bells to toll and the regiment of Militia in Boston to attend in arms.
June 3. A complaint preferred by John Wiatt and several others belonging to Fort Mary at Saco, against Capt. George Turfrey, Commander of the Fort, being sent up from the Representatives, was read and a Commission of Enquiry appointed. Capt. Turfrey ordered to appear in his defence. [C.O. 5, 788. pp. 149–152.]
June 1. 565. Minutes of Council in Assembly of the Massachusetts Bay. The Council met and adjourned till to-morrow.
June 2. Committee of the two Houses appointed to enquire into the store of gunpowder in this Province.
June 3. Resolved that H.M. be humbly addressed by this Court in condolence of the death of King William, and in congratulation of her happy accession. The Representatives approved, and a Joint Committee was appointed to draw it up.
Resolve of the Representatives agreed to that 10l. be paid to Sarah, the widow of Oliver Purchis.
Bill for continuing several Acts that are near expiring ordered to be brought in.
June 4. The Council attended the Funeral Solemnity of H.M. [C.O. 5, 788. pp. 340–342.]
June 2.
566. Minutes of Council of New Hampshire. The Lt.-Governor (Partridge) signifying his having received sundry uncertain rumours of the death of H.M. King William, and that Princess Ann of Denmark was proclaimed Queen, he thought meet to advise with the Council thereupon. It was immediately resolved that as soon as any certain advice should arrive, she should be proclaimed.
June 3. The Lt.-Gov., receiving a letter from the Council of the Massachusetts Bay, wherein he was ascertained the truth of that dismal news, the death of H.M. King William, forthwith ordered the Militia to be in arms the next morning, when Queen Anne was proclaimed, first at H.M. Fort at the Great Island, and then at the Town of Portsmouth, at the celebration of which solemnity all the great guns at the Fort and Town were discharged, with sundry volleys of small shot, the Lt.-Gov., Council and principal Gentlemen of the Province being present. The Ceremony was performed with all decency and the greatest demonstration of joy and satisfaction imaginable. [C.O. 5, 789. pp. 85, 86.]
[June 3.] 567. Reply by the Proprietors of East and West New Jersey to the articles exhibited by William Docwra and Peter Sonmans against Col. Andrew Hamilton. (1) Col. Hamilton was Governor of these two Provinces for nine or ten years, to the good liking of Proprietors and people and the neighbouring Colonies without any complaint against him. He is so far from being an incendiary, that his mildness and moderation was the only motive for William Penn to intrust him with the Government. Those who have (by the influence of Basse and Docwra) appeared against him, are now so well satisfied of his moderation, that they have declared their readiness to submit to him, if he is clothed with a Commission from the Crown. (2) We know of no arbitrary or illegal proceedings he hath been guilty of. He hath often hazarded his life to preserve the publick peace, disturbed by those stirred up by Mr. Docwra and his party. (3) In all the time of his Government, before he was superseded by a Commission given to Basse, not one person in all these Northern Colonies was accused of piracy. Since his last journey over, he hath been eminent in discovering and bringing pirates to justice; particularly appeared at a County Court at Midleton at the trial of one, etc. (4) We have never received any accusation of the kind from the Assemblies, who have, on the contrary, at several sessions given him gratuities for his public service. (5) We have heard that Randolph did some time ago exhibit to the House of Lords a complaint against him and others about illegal trade, which was thrown out as groundless. His now accusers were so far from accusing him whilst he was here, that they joined with us in application to your Lordships for his approbation. (7) We know of no party that fear his impartial administration of justice, except William Docwra, who stands charged with several articles of high misdemeanour. He and the other petitioner, Sonmans, are not possessed of above two or three 24th parts of the Province of East Jersey, whereas almost all the other Proprietors of East Jersey here, and the proxys of those beyond sea, have joined with the whole West Jersey Society to petition for Col. Hamilton. (9) Col. Hamilton's petition was so so far from being clandestine, that it was signed by all the Proprietors at a full General Court of the West Jersey Society and by Lewis Morris on behalf of all the Proprietors residing in East Jersey. Pray for a report to H.M. that Col. Hamilton is the fittest person to serve in the Government of Nova Cæsarea. Endorsed, Presented to the Board by Sir Tho. Lane, etc. Recd. Read June 3, 1702. 2½ pp. [C.O. 5, 1261. No. 105; and 5, 1290. pp. 16–23.]
June 3. 568. Journal of Council of Trade and Plantations. Mr. John Saville acquainted the Board from Mr. Penn, that being obliged to wait upon H.M. at Windsor, with an Address from the General Meeting of the Quakers, he desired their Lordships to excuse his not attending them to-morrow.
Sir Thomas Lane, with Mr. Docmenick, Mr. Richier, and several other Proprietors of New Jersey, presented a reply to the objection against Mr. Hamilton, May 28, by Mr. Sonmans and Mr. Dockwra, who with others being also present in order to make good those objections, the same were read together with the reply, article by article; after which both sides entered into disputes upon those matters with two [sic] much reflections on each other. The substance of all that was offered being much what is contained in those papers and others that have already been considered before the Representation on Oct. 2, 1701. Sonmans and Dockwra also left some papers to be considered.
Mr. Randolph acquainted the Board from the Earl of Nottingham, that whereas Mr. Thomas Cary, owner of the brigantine Joseph, Thomas Norman, Master, intended for Carolina, had promised that if he might have protection for her crew, he would direct the Master to call in at Bermuda, with letters for the Governor, and whereas the said protection is now ready, his Lordship desired the Board to press him to perform his promise. Directions given to the Secretary to write accordingly.
June 4. Letter to Thomas Cary approved.
Col. Quary and Mr. Penn attending, their Lordships proceeded in hearing both partys in reference to the irregularities in Pennsylvania. The 6th Article, answer and reply were read. Mr. Penn added that the 1,000l. per annum was only for two years. As to the charge of the Assembly's setting, it was called for several public services, as the revising of their Laws, and other matters which could not be sooner dispatched. Col. Quary referred to the Addresses of the Assembly to Mr. Penn.
The 7th Article and reply were read. Mr. Penn said that the Laws having now been revived and amended, they are daily expected here in order to their being laid before H.M.
On the 8th Article, Mr. Penn desired to know by what Commission and Authority Col. Quary appeared here in prosecuting these charges. It was answered from the Board that he acted as H.M. Officer and according to the desire of the Representatives of the Three Lower Counties, who by him had transmitted their grievances to this Board. In proof of the threats mentioned in that Article, Col. Quary desired the foresaid Address of the Representatives of the Three Lower Counties to Mr. Penn might be read. Mr. Penn denied his having used any such expression, otherwise as set forth in his written answer, and in relation to one that was not a Member of the Assembly. But as for the main scope of that Article, relating to his right of Government in the Three Lower Counties, he desired that after all the objections laid against him are gone through, a time may be allowed him for his more full defence, and he would then offer what he has to say upon this head. As to the 9 and 10th Articles, both sides referred themselves to what they had written. Upon Article 11, Mr. Penn not agreeing to the instances given of the refusal of an Appeal in the case of Byfield, it was agreed that Byfield should be heard, and that Mr. Penn might then produce what evidence he has to the contrary.
Upon Article 12, Mr Penn referred himself to his answer in writing, and then desiring a copy of Col. Quary's reply, in order to his more full defence, their Lordships ordered a copy to be given him. They appointed Monday for a further hearing. Upon intimation from Col. Quary that the Lord Bishop of London desired to be heard upon the Pennsylvania Act against Clandestine Marriage, he was desired to acquaint his Lordship with that appointment. [C.O. 391, 15. pp. 62–69; and 391, 96. Nos. 99, 100.]
June 3. 569. Minutes of Council of Barbados. Jonathan Downes attended, pursuant to the Order of this Board upon the complaint of John Bemisden, one of the Searchers and Waiters of H.M. Customs. The matter being argued by Counsel, and they not producing any precedent of any writ of replevin that had been granted for goods seized for unlawful importation for H.M. use, and the writ being granted without acquainting the Judge that the goods were so seized, ordered that the execution of the said writ of replevin continue suspended, until H.M. Officer that made the seizure have lodged the cause in some Court according to Law.
Petition of Thomas Horne and Alice his wife, formerly Alice Cousins, widow, read, setting forth that upon April 9, 1699, letters of guardianship of John Cousins, son and heir of John Cousins, decd., were granted by Governor Grey to petitioner, his mother; that upon some false suggestions his Grace the Archbishop of Canterbury had been prevailed upon to grant the guardianship to Richard Worsam, Bartholomew Rees and William Battin, executors of Cousins, altho' Rees is one of the blood of the said Infant, to whom his estate may descend; that the matter had been tra[n]sacted in England without Petitioners' privatie. The said Executors, upon pretence of the guardianship so obtained, have lately made their complaint to the two next Justices of the Peace against Petitioners of a forcible entry, in order to turn the Petitioners out of possession. Pray that the letters of guardianship may not be made authentic before the Petitioners are heard upon the caveat entered by them, and that the Board appoint a short day for hearing thereof.
Ordered that Petitioners be heard Tuesday four weeks, at this Board; that the Executors have notice; and that meantime there be no further proceedings upon the guardianship granted by the Archbishop. [C.O. 31, 6. pp. 231, 232.]
June 4.
570. Governor Codrington to the Council of Trade and Plantations. I received at St. Christophers my orders for proclaiming the Queen, and immediately made preparations to do it with the utmost solemnity that was possible for me; I ordered the forces at St. Kitts, above 350 men, to draw out on the frontier facing the French fort, and those of Nevis to be formed on the shore towards the French part of St. Christopher's, and having given particular orders to all the officers concerned to execute the same, I went on board the frigate attending the Government, waited on by a dozen sloops of brigantines, I hal'd in pretty near the French town of Basse Terre, to proclaim the Queen on board as Vice-Admiral of these seas. Upon the signal given, her Majesty was proclaimed first at Nevis, the fire of the cannon began at the Windermost Fort at Nevis, past on through the several forts or platforms along the shore, fifteen good merohantmen in the road took it from them, I succeeded on board the frigate being between the 2 islands, and the artillery at St. Kitts took it from me, this was done three times and her Majesty's companys of foot with the Militia of both islands in 2 lines made 3 running fires to the very noses of the French. I thought it proper to give the French this little piece of mortification in return of some news they pretended to give me part of the day before in a visit Monsieur de Gennes with some French gentlemen made. They told me the Prince of Wales was in Scotland and would very soon be in London. I answered them, they were not in the secret—for he was to take the Leeward Islands in the way and they should see the next day the reception I intended them. In return to your Lordships' demand concerning our Courts of Admiralty here, I am to tell your Lordships I act by a Commission under the seal of the Admiralty and that I humbly conceive I can legally act by no other, nor is the Council, nor ever was, concerned in anything of this nature. Not to mention the reasons of what I say, I shall only use the authority of Sir Charles Hedges, who, after a very solemn argument by the best advocates in the Commons, reverst sentence past by Father, not because it was not just, but as coram non judice, because he had not then an immediate power from the Admiralty, but acted by virtue of a clause in his Commission under the Great Seal. I know, my Lords, the reason of this demand. When I have the justice of a hearing allowed me, I shall satisfye your Lordships and the world. I have in this part of my conduct as well as all the rest acted with an exactness and integrity I shall have no reason to repent or be ashamed of. I wish the worst publick action I am accountable for, since my arrival, may be the same with the last of my life, and this I say after a very serious review of my conduct. However it has been so unlucky to me I believe no future Governor will follow my example. Sine mundum vadere secut vult vadere, is, I find, a wiser maxim than any of these by which I have guided myself, but 'tis [not] reasonable I should trouble your Lordships oftner on this subject. I shall do it once for all to purpose.
I have spent ten days at St. Christophers in putting things into the best posture I can. I believe the French are now stronger than we are by fifty men, several of our poorer inhabitants being gone of. I am returning by the way of Mountserrat to Antigua to take care of the frigate, half the equipage of which is now down with the malignant feaver. The islands are very healthy and I know not what to attribute this to, unless it be a very great stench which the Captain tells me is occasioned by a great deal of bad and stinking beer he had on board. I will have her keel turned up, her ballance and everything else taken out, and then I hope by washing her with vinegar and using fumigations we may make her sweet and healthy. As soon as this is done I will return to St. Kitts and then expect the certainty of peace or war. Your Lordships may be assured no ill usage shall make me neglect my duty, for I am what I pretend to be and in particular, with utmost respect, your Lordships' most faithfull, humble and most obliged and most obedient servant. Signed, Chr. Codrington. P.S. I sent over an address to her Majesty by Majr. Butler, a gentleman of a very good interest in this island.
Your Lordships will find in our Latin Commission the particular directions are given in case of Appeals to the Court of Admiralty. Endorsed, Recd. 28th, Read July 30, 1702. Holograph. 3 pp. [C.O. 152, 4. No. 99; and 153, 7. pp. 504–507.]
June 4. 571. Duplicate of preceding (with slight verbal variations). Holograph. 4 pp. [C.O. 152, 4. No. 100.]
June 4.
572. Minutes of Council of the Massachusetts Bay. Commission of enquiry appointed June 3, signed.
The funeral solemnity of King William III of glorious memory was this day performed.
June 5. Capt. William Wormall, Commander of H.M. Fort at Cascobay, ordered to attend and answer several complaints preferred against him. [C.O. 5, 788. pp. 152, 153.]
June 5.
573. Earl of Nottingham to the Council of Trade and Plantations. The Committee of Council thinking it high time that the Commissions to the several Governors of the Plantations shall be renewed, you are to cause draughts of such Commissions to be prepared, and also draughts of such Instructions as you shall think proper. Signed, Nottingham. Endorsed, Recd. Read June 8, 1702. 1 p. [C.O. 323, 3. No. 132; and 324, 8. pp. 165, 166.]
June 5.
574. Col. Ward to Sir Philip Meadows. H.E. Col. Codrington having offered me the Lt.-Governor's place of this Island, and tho' noe salary be assigned to the same, yet having an estate upon the place, and being zealously affected for her present Majesty's service, and the true interest she is engaged in, do humbly crave your good word and assistance towards obtaining H.M. Commission. Signed, John Ward. Subscribed, I think myself obliged in justice to Col. Ward to say I am fully persuaded he will serve H.M. very faithfully and honourably. Signed, Ch. Codrington. [C.O. 152, 4. No. 101.]
June 5.
575. Col. Ward to William Blathwayt. To the same effect as above. Signed, John Ward. Same subscription. Signed, Chr. Codrington. Endorsed, Recd. Read Augt. 13, 1702. Addressed. 1 p. [C.O. 153, 4. No. 102.]
June 5. 576. Minutes of Council in Assembly of the Massachusetts Bay. Bill for continuing several Acts near expiring, and for granting unto H.M. several duties of impost, tunnage of shipping and excise, sent up, was read a first, second and third time.
Address to H.M. passed and sent down.
Petition of Andrew Belcher, Edward Lyde, Wm. Clarke, and Andrew Faneuil of Boston, Merchts., for the remission of duty on the lading saved from their briganteen Larke, cast on shore near Plymouth, May 2, 1702, granted.