America and West Indies: June 1702, 26-30

Pages 429-437

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 26. Last mentioned Bill read three times and sent down.
H.E. ordered that the Acts for continuing several Acts; for granting H.M. several duties of impost, tunnage of shipping and excise; and a tax upon polls and estates be published. Some of the Representatives were desired to attend the publication.
A Bill in addition to the Act for regulating the Militia, sent up from the Representatives, was read twice. Ordered that a new Bill of the like tenour be prepared.
Petition of David Jeffries, of Boston, Merchant, on behalf of John Usher, formerly Treasurer of New England, praying that, pursuant to the orders of his late Majesty, payment may be made of what is due to him, or that reasons may be given to the contrary, read.
Report upon Mr. Taylor's proceedings towards finding the line betwixt this Province and the Colony of Connecticot, read. Advised that H.E. write to the Governor of Connecticot to stop all strife or violent proceedings.
June 27. Bill in addition to the Act for regulating the Militia was read twice and sent down.
A Joint Committee was appointed to consider a fortification at Pemaquid.
James Taylor took the oaths, etc. appointed, as Treasurer.
Bill for applying 500l. to the use of H.E., of the moneys granted to H.M., sent up, was read and passed, and received H.E.'s consent.
Bills, that the duty of tunnage be paid in powder, and in addition to the Act for regulating the Militia, sent up, were read and passed, and received H.E.'s consent.
Address to H.M. signed by the Council and Mr. Speaker.
14l. granted to John White, Clerk of the House of Representatives; 30l. to James Maxwell, Doorkeeper, and 30l. towards the support of a Chaplain at Brookfield "lying on the great road betwixt this Province and Connecticot, being a usual and necessary stage for travellers and posts, and anew beginning to be settled."
An arrangement was made with Peter Sergeant, Vendor of some powder that proved unfit for service.
Joint-Committee appointed to examine the accounts of John Usher.
Message sent to the Representatives to consider of a salary to Samuel Willard for his service in the care and government of the College the year past.
The Assembly attending, H.E. addressed them:"I am sorry you have made no further progress in the Articles I laid before you at my arrival, and have all reason to think that a further time might have apprized you of the necessity and justice of everything I have offered you, but there being a necessity of my seeing the other Province, and the Frontiers, I have judged it best for the service that you be dismist at this time, not doubting but you will think better and proceed with all cheerfulness at our next meeting in everything that imports H.M. service, your own honour and the preservation of the Province. I desire you in your recess into the several parts that you will labour to dispose all H.M. good subjects to their obedience and duty, and to assure them of H.M. favour and protection in all things," etc. H.E. prorogued the Assembly till Aug. 12. [C.O. 5, 788. pp. 359364.]
June 26.
669. Council of Trade and Plantations to John Granville. We have considered your letter of 24th inst., and being well satisfied with the character of Sir Nathaniel Johnson, and believing him to be very fit for the Government [of Carolina], in case he do qualify himself according to Law, and that security be duly given, we have prepared a Representation to be laid before the Queen for her Royal approbation. As to Mr. Birch, he being intirely unknown to us, we desire that he, or some person in his behalf, may appear at this Board. Signed, Weymouth, Dartmouth, Rob. Cecill, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior. [C.O. 5, 1290. p. 90.]
June 26.
670. Council of Trade and Plantations to the Earl of Nottingham. The Lords Proprietors of Carolina having nominated Sir Nathaniel Johnson to be Governor of Carolina, we enclose our Representation thereupon, to be laid before H.M. by the first opportunity, the ships being now ready to sail for those parts. Note in margin:Given to the Great Council, July 2, and there read. Signed, Weymouth, Dartmouth, Rob. Cecill, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior. Autographs. 1 p. [C.O. 5, 306. No. I.; and 5, 1290. p. 91.]
June 26.
671. Council of Trade and Plantations to the Queen. We find the character of Sir N. Johnson to be such as to deserve your Majesty's approbation, in case he duly qualify himself as the Law requires. By an Address of the House of Lords, March 18, 1696, his late Majesty was desired to direct that the several Proprietors should give security that their respective Deputy Governors should duly observe the Acts of Trade, and obey such instructions as should be sent to them from your Majesty, or any acting under your authority. Signed, Weymouth, Dartmouth, Robt. Cecill, Phil. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior. [C.O. 5, 1290. pp. 92, 93.]
June 26.
672. Minutes of Council of Maryland. H.E. acquainting the Board that, having obtained H.M. leave to return for England for recovery of his health, which [he] designed very speedily with the present shipping, read H.M. Commissions and Instructions, and the Hon. Thomas Tench was adjudged to be eldest Councillor and President. Ordered, that H.M. Receivers, after H.E.'s departure and the last of July next, take the Bills of Exchange for support of the Government, one half to H.E. and the other half to the President, His Honour giving bond to be answerable for the same in case H.M. shall direct any part thereof to be otherwise applied. H.E. gave the Council advice, and left papers to be delivered to the President after his departure. He advised the Council not to call the Assembly together unless upon emergent occasion, and thanked God that he left the Country the Church being so well established and the people happy in peace and friendship, to the great quiet and prosperity of the Government. [C.O. 5, 744. pp. 3134.]
June 27. 673. Minutes of Council of the Massachusetts Bay. H.E. adjourned the Council till June 29. [C.O. 5, 788. p. 164.]
June 28.
674. Governor Codrington to the Council of Trade and Plantations. I have just now received the honour of your Lordships' letter of March 24, and at the same time H.M. declaration of war. I have an hundred orders to dispatch this day, and am at the same time so weak and spiritless that I am not able to hold up my head, the excessive heats having thrown everybody into fevers, and carried off a great many people in this Island especially. I have neither time nor strength of thought sufficient to answer the particulars of so long a letter. The Frigot is unhappily upon her careen, but I shall go away in a sloop for Leeward to-morrow morning, tho' I am much fitter for my bed than the field. But we are not to sleep now at St. Kitts; the cause must be decided, and our people won't go where I don't lead. If I dye in the action, my Lords, believe I dye an honest man. If I live, I'le satisfy the world I am so. I have noe concern for what is past, but what I should have had, if it had been another man's case. If an English Gentleman is to be voted out of his reputation without being heard, an Englishman has reason to envy a Frenchman, and a Court of the Marshals of France is more equitable than . There are some Gentlemen who ought to read over their own speeches in Sir John Fenwick's casebut I ought to be patient: Your Lordships have been us'd worse than I, and the greatest men are not alwaies uniformet David in Jonath filium, ne cognita quidem causa, quasi accusasse suffecerit majori iracundia quam jure statuit. But this is no season for pedantry. I am, my Lords, with all the calmness of an innocent man. Signed, Chr. Codrington. Endorsed, Recd. 9th, Read Sept. 10, 1702. Holograph. 1 p. [C.O. 152, 4. No. 104; and 153, 8. pp. 74, 75.]
[June 28.] 675. Duplicate of preceding. 1 pp. [C.O. 152, 4. No. 104.i.]
[June 29.] 676. Extract from Journal of Assembly of Carolina, Charles Town, Jan. 19, 1701, recording Sir Nathaniel Johnson, "one of the Cassiques of the Province of Carolina," having taken his place in the House and the oaths, etc., appointed. Signed, Ja. Moore. Endorsed, Recd. Read June 29, 1702. Sealed. 1 p. [C.O. 5, 1261. No. 123.]
June 29. 677. Mr. Serjeant Byrche to Lord Weymouth. I designed to have wayted upon you myselfe this morning, humbly to have begged your favour and assistance for a younger sonne of myne who was a little unfortunate in his first setting forth in the world, but is now become, I thank God, a man of sobriety, conduct and integrity, and one for whom I dare answer. He, having settled himself and family at Carolina, was in hope to have got the Government there, but fayleing in that, he hath procured a patent from the Proprietors of the Island of Providence to be Governor there, but must be approved of by the Committee of Trade, of which I find your Lordship is a Principal Member. Prays for his recommendation. Signed, E. Byrche. Endorsed, Recd. Read June 29, 1702. Addressed. 1 p. [C.O. 5, 1261. No. 122.]
June 29. 678. Journal of Council of Trade and Plantations. Letter from Mr. Serjeant Birch read.
Mr. Johnson, son to Sir Nathaniel Johnson, laid an extract of the Records of the Assembly of Carolina before the Board. Their Lordships acquainted him that it is necessary security of 2,000l. be given for his father to the Queen, according to the form of a bond prepared by Mr. Attorney General, a copy whereof was given him, with an extract of the Report of the Commissioners of Customs relating to the sum to be inserted, and a copy of a letter from Mr. Thornborough, May 10, 1700.
Mr. Birch, nominated for the Government of the Bahamas, acquainted their Lordships that he doubts not to obtain such a certificate of his character from all the merchants concerned in the trade of Carolina as may recommend him to the Government of the Bahamas, and was accordingly directed to do it. Being asked what salary he is to have in that employment, he said it was the 5th part of the Lords Proprietors' dues, which being about 150l. per annum, his share would be about 30l., besides which, he said, there were other perquisites, as for granting licenses for trade, etc., which are uncertain, but that he had been informed the whole salary and perquisites might be worth about 150l. per annum. Their Lordships afterwards acquainted him with the necessity of security to be given to H.M., etc.
Letter from the Earl of Nottingham, with an enclosed memorial from Mr. Penn, desiring H.M. approbation of Col. Hamilton, read.
June 30. Copies of Mr. Penn's charge against Col. Quary with his answer, and other papers, ordered to be sent to the Commissioners of Customs.
Mr. Phillips, jr., son to Frederick Phillips of New York, having been concerned, as he said, in a ship whereof Burgess was Master in a lawful trading voyage from New York to Madagascar, and Burgess having been taken during that voyage and brought to England upon information of piracies committed by him in 1692, and having now upon trial at an Admiralty Sessions been convict of the same, but not accused of any crime since that time, he, Mr. Phillips, desired copies of papers relating to Burgesses confession to Lord Bellomont, 1698, and a pardon intended to have been granted him. Ordered accordingly. [C.O. 391, 15. pp. 108115; and 391, 96. Nos. 115, 116.]
June 29. 679. Minutes of Council of the Massachusetts Bay. H.E. having received, by a pacquett boat from England this morning, orders from H.M. to publish the Declaration of War, ordered that it be published with the usual formality at the Town House in Boston to-morrow at 10 in the morning.
H.E. appointed the Lieut.-Governor and Members of Council to be Justices of the Peace and of the Quorum in each County. He nominated, for Justices of the Inferior Court of Common Pleas within the County of Hampshire:John Pynchon, Samuel Partridge, Joseph Hawley, Joseph Parsons. For J.P.s:Joseph Hawley, Joseph Parsons, Capt. Aaron Cooke, John Holyoke, and John Pynchon secundus. For Justices of the Inferior Court, County of Barnstaple:Barnabas Lothrop, Stephen Skiffe, John Thacher, and John Otis. For J.P.s:Stephen Skiffe, John Otis, Jonathan Sparrow and Major John Goreham. For Justices of the Inferior Court and Justices of the Peace for the Island of Nantuckett:John Gardner, James Coffin, William Geare, William Worth. For Duke's County:Thomas Mayhew, James Alline, Benjamin Skiffe, Joseph Norton. The Council agreed.
June 30. H.M. Declaration of War was published, as ordered, the Regiment attending in arms.
H.E. acquainted the Board that he intended to order H.M.S. Gosport forthwith out upon a cruise for the security of navigation betwixt Cape Codd and the North Shore and Cape Ann, for 10 days, and then to attend H.E. at Piscataqua for further orders; that the stores for H.M.S. Gosport not being yet arrived, Capt. Crofts desired to borrow 10 barrels of the publick stores of gunpowder, upon his note to return it; that he had given order for equipping the Province galley for a cruize, and proposed to bear 40 men upon her at present. Upon which he asked the advice of the Board. He also acquainted them that he would give all encouragement to the merchants to equip some of the best of their ships on H.M. service, for the annoying of H.M. enemies.
H.E. nominated for Justices of the Peace within the County of Suffolk:Capt. Jeremiah Dummer, Edward Bromfield, Major Charles Hobby, Thomas Brattle, Nathaniel Oliver, Col. Nicholas Paige, Jahleel Brenton, Capt. Samuel Legg, Paul Dudley, John Nelson, Lt.-Col. Ephraim Hunt, John Clarke, Thomas Palmer, Major Samuel Eells, James Baily, Edward Lyde, William Tailer, Adam Winthrop, Capt. John Wilson. The Council assented to all excepting only Jahleel Brenton. H.E. nominated for J.P.s in the County of Essex:Col. Nathaniel Saltonstal, Lt.-Col. Dudley Bradstreet, Major Robert Pike, Col. John Wainwright, Major Thomas Noyes, Capt. John Legg, Capt. Nathaniel Norden, Samuel Appleton, Capt. John Burrill, William Hirst, Robert Hale, Joseph Woodbridge, Capt. Samuel Browne, and Josia Wolcott. For Middlesex:Major Jonathan Tyng, John Leverett, Saml. Hayman, Capt. Francis Foxcroft, Major James Converse, Ephraim Flint, Capt. Thomas Browne, Capt. James Minot, and Capt. Joseph Morse. The Council took exception only to Capt. James Minot. H.E. nominated Joseph Hammond, John Wheelwright, Ichabod Plaisted and Abraham Preble for Justices of the Inferior Court of Common Pleas and Justices of the Peace in the County of York; Samuel Donnell and William Peperel, J.P.s. The Council took exception only to Samuel Donnell.
H.E. nominated Joseph Curtis Sheriff of York County; Nathaniel Warren, Sheriff, and Nathaniel Thomas, junr., and Joseph Otis, Coroners, in the County of Plymouth; Samuel Allyn, Sheriff, Shuball Smith and Samuel Freeman, Coroners, in the County of Barnstable; Capt. Samuel Gallop, Sheriff, and Samuel Little and Stephen Payne, Coroners, in the County of Bristol; Samuel Porter, Sheriff, and Peletiah Glover and Ebenezer Pomrey, Coroners, Hampshire; Ebenezer Alline, Sheriff of Duke's County; Jethro Coffin, Sheriff of the Island of Nantuckett; Capt. Ephraim Savage, Samuel Thaxter, John Fisher, Coroners, Suffolk; Tristram Coffin, Daniel Epps, Major Francis Wainwright, Coroners, Essex; Jacob Greene, Jonathan Prescott, Coroners, Middlesex. The Council agreed.
H.E. nominated Isaac Addington to be Chief Justice, and Samuel Sewall and John Walley to be Justices of the Superior Court. The Council agreed. H.E. also nominated for Justices of the Superior Court, Nathaniel Thomas and Nathaniel Byfield, but the Council did not consent.
H.E. nominated Elisha Hutchinson, John Foster, Thomas Brattle and Samuel Legg to be Justices of the Inferior Court of Common Pleas, Suffolk. The Council refused their consent to the last two.
H.E. nominated Nathaniel Saltonstal, William Browne, John Hathorne, Daniel Peirce, Justices of the Inferior Court, Essex; Nathaniel Thomas, Isaac Winslow, John Cushing, jr., James Warren, Justices of the Inferior Court and Justices of the Peace, Plymouth, and John Cushing, senr., and Elihu Brett, J.P.s for the same County; Nathaniel Byfield, John Browne, Thomas Leonard, Ebenezer Brenton, Justices of the Inferior Court and J.P.s for the County of Bristol; and Benjamin Church, Nicholas Peck, Nathaniel Payne, Joseph Church, Thomas Tabor, J.P.s for the same County; James Russell, John Phillips, Jonathan Tyng, Justices of the Inferior Court of Common Pleas in the County of Middlesex. The Council agreed.
H.E. observed that in the Civil List according to former establishment he found an appointment of Judges of Probate in the several counties, but doubted of such delegations, and directed the paragraph in the Charter relating to wills to be read, and left that matter to further consideration, withal directing that the several persons appointed thereto do in the meantime attend their duty in that affair.
Ordered that Capt. Turfrey be heard on Thursday next. [C.O. 5, 788. pp. 165170.]
June 30.
680. William Popple to Mr. Sansom. Enclosing account of matters relating to the Customs which have recently passed before the Council of Trade and Plantations. [C.O. 5, 1290. pp. 96, 97.]
June 30. 681. Minutes of Council of Barbados. The following Representatives were returned, and those attending sworn:
Lt.-Col. George Peers St. Michael's Parish.
Wm. Heysham St. Michael's Parish.
Lt.-Col. Thomas Maxwell Christchurch.
Capt. Philipp Kirton Christchurch.
Wm. Holder St. James.
Lt.-Col. Walter Scott St. James.
William Davie St. Joseph's.
William Grant St. Joseph's.
Col. Thomas Maycock St. Lucye's.
Lt.-Col. William Terrill St. Lucye's.
Lt.-Col. Robert Yeomans St. Andrew's.
Major Robert Morris St. Andrew's.
Hon. John Lesley St. John's.
Major Christopher Estwick St. John's.
William Allamby St. Thomas.
George Harper St. Thomas.
Lt. Col. Wm. Fortescue St. Phillipps.
Capt. Richard Brewster St. Phillipps.
Lt.-Col. Richard Downes St. George's.
Miles Toppin St. George's.
Samuel Maynard St. Peter's.
Alexander Walker St. Peter's.
Special Commission appointed, upon the petition of Capt. John Jones, to try an action brought against him by Richard Hasell, John Smith and Vinton Osborn, he being obliged to leave this Island before the Court of Common Pleas.
Pacquets for the Governor of Jamaica and Admiral Benbow were despatched by Joseph Maynard for 40l.
Alexander Walker was appointed Chief Judge of the Court of Common Pleas for the precincts of St. Peter's, in the room of Jonathan Downes, lately gone off this Island.
John Bemisden [see June 24] reported that he had apprehended Francis Bushey, Anthony Martin and Henry Clane, and brought them before the Board. It appeared that they were seafaring men and not qualified to undertake any ill design against the Government. Mr. Stephen Gibbs engaged for their good behaviour, and that they should not go off the Island without leave of the President.
July 1. The Governor's sudden arrival being expected, ordered that the following particulars be bought up and put into the house of Thomas Pilgrim, which is hired for the Governor:4 pipes of Madera wine, two hhds. of claret, one gross bottled claret, one tun of ale, 2 gross bottled ale, one gross bottles Rhenish wine, 2 gross bott. cyder, 200 lb. refined sugar, one gross bottles Canary, and a quarter cask of brandy.
Ordered that upon appearance of a flag, by which we now expect the Governor, the same respect be paid him by the Forts as was done to the Lord Grey upon his arrival.
Mr. Maynard not being able to perform his agreement (above), the packets for Jamaica were sent forward by a brigantine that arrived this day.
James Wilson was appointed Gunner of the Leeward Fort in the room of Christopher Berrow [June 23]. [C.O. 31, 7. pp. 237240.]
June 30.
682. Minutes of Council and Assembly of New Hampshire. Adjourned, there not being a full Council.
July 1. Message sent up from the Representatives that, information being given to that House by Samuel Penhallow, Treasurer, of several sorts of timber in his own and in several of the Constables' hands, received for the last Province rate, which is now such a dead commodity that it will not fetch such a price as it was concluded they would, the Representatives advised him to use the best of his skill in disposing of what lumber is in his own and the Constables' hands, and render account thereof. Of which the Council approved.
The House of Representatives sent up the following account: that, being informed that many Indians, especially in the Town of Portsmouth, have of late resorted thither, and take such measures in going to and fro, and riveing almost every house and place, and have been seen by the watch near midnight walking the way from the Creek to the Bank, saying they walk to take the air, which doth much amuse the people what the end may be, the Representatives therefore offer to your Honours' consideration these things, hoping that care may be taken about said Indians for the safety of H.M. subjects, and that such orders may by your Honours be given to the Commission Officers in the Province as shall be thought fit. [C.O. 5, 789. pp. 297, 298.]
June 30.
683. Earl of Nottingham to the Council of Trade and Plantations. H.M. having given orders for an agreement to be made with Mr. Dummer upon his proposals for settling a correspondence with Jamaica and other H.M. Islands in America, H.M. would have your Lordships consider of the best method of performing those voyages, the places to which they shall go and return, etc., and settle the same with him, giving me an account of your proceedings. Signed, Nottingham. Endorsed, Recd. Read July 1, 1702. 1 p. [C.O. 323, 3. No. 134; and 324, 8. p. 173.]