America and West Indies: January 1702, 26-31

Pages 48-57

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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January 1702

Jan. 26.
56. William Popple to Lord Grey. The Council of Trade and Plantations having laid before the King what your Lordship has offered to them relating to the present state of defence of Barbados, if you have anything further to offer which may any way relate to the defence or welfare of that Island, they desire it may be forthwith laid before them. [C.O. 29, 7. p. 464.]
Jan. 26.
57. J. Burchett to Mr. Popple. I lately acquainted you that I had writ to Sir Charles Hedges for an account of the Vice-Admiral's Commissions granted in the several Plantations, and now enclose a copy. Signed, J. Burchett. Endorsed, Recd. Jan. 26, Read Feb. 6, 170½. Addressed. 1 p. Enclosed,
57. i. List of the Vice-Admiralty Commissions granted for H.M. Plantations. 1 p. [C.O. 323, 3. Nos. 111, 111.i.; and 324, 8. pp. 66, 67.]
Jan. 26. 58. Minutes of Council of New York. Rip Van Dam, Phillip French and Thomas Wenham in obedience to an order of Jan. 21, appeared, but refused to deliver the papers they by their Address owned to be in their custody. Whereupon it is ordered that a supersedeas issue to the Commission of Phillip French, he being a Justice of the Peace in the City of New York, and that the Attorney General prosecute the said persons at the next Supreme Court for their contempt, etc. The Attorney General was called in and directed accordingly.
Petition of Severyn Tenhout read. Ordered that Mathias Mott, who hath an order for a patent to issue for the land in the said petition mentioned, have a copy of the petition before any order be made thereon.
Petition of Susannah Vaughton read. Ordered that petitioner or some on her behalf appear before this Board on Munday and make good the suggestions conteined therein. Ordered that Leigh Atwood and Richard Slater, the persons who have lycence (inter alia) to purchase the land in the petition of Susannah Vaughton, have a copy thereof.
Petition of Samuel Staats and others read, praying a lycense to purchase 5,000 acres of land in Ulster, called Wawayanda, scituate above 30 miles backwards in the woods from Hudson's River, of the Indian and native proprietors thereof, and granted provided the said purchase be made and returned to this Board within 12 months after the date hereof.
69l. 15s. 8d. paid to Col. Abraham Depeyster for beef, pork, pease, etc., found and provided by John van Cortlandt for H.M.S. Fortune sent to England with ship-timber.
80l. 10s. 5d. paid to Thomas Weaver for so much paid by him for several incidents by order of the Government.
Salary of Gabriel Ludlow, Clerk of the Assembly, paid.
45l. paid to William Teller for the hire of his sloop to carry the Lt.-Gov. to Albany to the Five Nations of Indians in July.
21l. 0s. 1½ d. paid to Johannis Schuyler for sundry necessaries provided by him for the Messengers sent to the Onnagongue Indians by order of his late Excellency. [C.O. 5, 1184. pp. 613–615.]
Jan. 27.
59. Council of Trade and Plantations to the King. We herewith humbly lay before your Majesty the draught of a Commission for Mitford Crowe Esq. to be Governor of Barbados, and are preparing a draught of Instructions. Signed, Stamford, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. [C.O. 29, 7. p. 465.]
[Jan. 27.] 60. Humble petition of the Council and Assembly of Barbados to the King. Being truly sensible of the great benefits and blessings which this your Majesty's Island hath received since it hath pleased Almighty God to place you over us, etc., we lay before your Majesty the great want we are in of ordnance and ammunition, that are absolutely necessary for the defence and safety of the Island, which the inhabitants at present are not in a condition to purchase, chiefly occasioned from a great duty laid upon sugars in the reign of the late King James, by which many of the inhabitants were so impoverished that at least ⅓rd part of the lands, which were before imployed for making sugars, hath ever since laid waste, and was also very prejudicial to your Kingdom of England in its product, Trade and Navigation. Besides this, Your Majesty's Island during the late war with France suffered great losses of its inhabitants, and was at very great charges for several expeditions to preserve your Majesty's Leeward Islands, supplying your Majesty's ships of war and other vessels taken up in your Majesty's service for the defence of this Island, and likewise the necessary charges of this Island being very great, especially the support and repairs of your Majesty's forts and fortifications, for which there are very great annual taxes made, notwithstanding there is an Act for that purpose which hath raised to your Majesty 4½ per cent. of the whole dead produce of this Island for ever. We therefore do most humbly beseech your Majesty to grant your petitioners such a seasonable and suitable relief as their condition doth require, and as in your great wisdom shall seem meet. Signed, Richd. Downes, Speaker; James Colleton, Jona. Downes, Tho. Maycock, George Peers, W. Fortescue, William Terrill, W. Holder, Miles Toppin, William Heysham, Wm. Davies, Alexander Walker, Tho. Alleyne, R. Brewster, Phillip Kirton, Richd. Rycroft, Charles Middleton (Representatives). (Council): John Farmer, Geo. Lillington, Geo. Andrews, Wm. Sharpe, Pat. Mein, Tob. Frere, Michael Terrill, Richd. Scott, Ben. Cryer, Saml. Cox. Endorsed, Presented to the Board by the Lord Grey by His Majesty's Order. Recd. Read Jan. 27, 170½ 1 large p. [C.O. 28, 6. No. 32; and 29, 7. pp. 466–469.]
Jan. 27.
61. Journal of Council of Trade and Plantations. The Lord Grey acquainted the Board that having presented to the King a petition from the Council and General Assembly of Barbadoes, relating to the State of that Island, H.M. has directed him to lay the same before their Lordships, wch. he accordingly did, and the same being read, their Lordships observed that the Article relating to Barbadoes in their report of the 24th inst. being to the very same effect as this petition, it does contain all that is proper for them to say upon it. His Lordship also added that, tho' he have not been desired by the Council of Barbados to move for any standing forces to be sent to that Island, yet he is himself of opinion that 200 men (provided care be taken that they be not burdensome to the inhabitants) would be of great service.
Letter to the Earl of Carlisle, First Commissioner of the Treasury, desiring his favour in reference to the salaries due to this office, signed and sent.
Memorial upon the late petition of Mr. Isaac Hawkins read.
Draught of a Representation upon the Order of Reference upon the said Petition agreed upon.
Jan. 28. The above Representation was signed.
Mr. Mead was granted a copy of an Act of St. Christophers for settling and strengthening H.M. part of that Island.
Letter from Mr. Morton, Carolina, Aug. 29, and Sept. 25, read, and the Copy of an Act for regulating the Court of Admiralty in Carolina, therein referred to, was laid before the Board. Ordered that a copy of the said Act be sent to Doctor Newton, Advocate of the Lord High Admiral, and that the Secretary write for his opinion. [See Jan. 29.]
Letter from Mr. Burwell, Oct. 13 last, laid before the Board.
Jan. 29. Draughts of letters to Mr. Atwood, Mr. Morton and Dr. Newton approved and ordered to be sent.
Memorial from Solomon Merrett read. Copy ordered to be sent to Mr. Burchet for the consideration of the Lord High Admiral.
Letters and affidavits about the Bermuda sloop seized and condemned in the Bahama Islands, referred to in Capt. Bennet's Letter of Oct. 31 last, read. Letter to the Lords Proprietors of the Bahama Islands ordered to be prepared, with an acct. of the irregularities that appear in those proceedings and desiring to know what they may have to say upon that matter.
Letter from the Earl of Manchester, signifying H.M. directions that a letter be prepared for the revocation of Sir William Beeston, late Governor of Jamaica, read. Directions given accordingly. [C.O. 391, 14. pp. 309–315; and 391, 96. Nos. 16–18.]
Jan. 28.
62. Council of Trade and Plantations to the King. We have examined the Petition of Isaac Hawkins [Jan. 1]. Refer to report of Feb. 6 last and Order thereupon, q.v. The letters then ordered were written in pressing terms and did more particularly require that the Complainants should have such redress as is agreable to Law, and that no members of your Majesty's Council in that Island should be exempted from any prosecution in law or equity for the payment of their just debts, except only during the time that the General Assembly should be sitting. In pursuance of those directions the Governour and Council of Barbadoes did some while since transmit to us a large and particular answer to the severall foresaid complaints. Which answer we communicated to Mr. Hodges, one of the chief complainants, who only applied himself to us for it, and having received his reply, we did on the 12th December last humbly lay before your Majesty the principal heads of both those papers, observing also thereupon that whatever have been the neglects or other irregularities in the Courts of Justice of that Island formerly, we had reason to believe that your Majesty's directions had been of good use towards their reformation ; it not appearing to us that since that time there have been any extraordinary delays in the sitting of those Courts, nor much less that they have refused to hear any Motion or give judgment in any cause that has come before them. Neither does the said Hawkins in the petition now under consideration complain of injury done him by delays or other obstructions in any legal proceedings made by him since the sending of these directions, but only sets forth that he hath for twelve months past attended for the Governor's answer ; which, nevertheless, we have reason to believe he hath been acquainted with ; or if he had made his application to us he might at any time have been informed. As to what he further suggests of his having expected that we might have offered to your Majesty that a change should be made in the Constitution of the Court of Chancery and Court of Errors in Barbados, as the only effectual remedy (in his opinion) for the inconveniences which have been complained of; we humbly refer ourselves to what we have already represented to your Majesty in our report of the 12th of December last, upon occasion of Mr. Hodges' paper, which were much more particular on the same subject, vizt. that in the general administration of Justice in all your Majesty's plantations, inhabitants of the best ability and reputation have been looked upon as the persons most proper to determine controversies there and of least charge to the people. And we further humbly offer that in the instructions to be prepared for Mr. Crowe, whom your Majesty has appointed Governor of that Island, an Article may be inserted, in the most pressing manner to inforce the directions which have been already given by your Majesty for the reformation of all irregularities in their Courts and for the due and speedy administration of justice. Signed, Stamford, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. [C.O. 29, 7. pp. 469–473.]
Jan. 29.
63. Order of King in Council. Approving the draught of a Commission for Governor Crowe, and directing the Earl of Manchester to prepare a warrant for H.M. signature for passing the same. Signed, John Povey. Endorsed, Recd. Read Feb. 6, 1701. ¾ p. [C.O. 28, 6. No. 33; and 29, 7. pp. 473, 474.]
Jan. 29.
64. Solomon Merrett to the Council of Trade and Plantations. In case a war happen between England and France and Spain and if the Government shall think it meet to encourage a trade with Spain (which is the only way to keep our woollen manufactury and Fishery in use, and to vend the same) we may have a Trade for the vending our woollen manufactury and fish by using the method following, not doubting but we shall have a Fleet in the Streights and be Masters of those Seas, viz. :— By sending some merchants' ships with a convoy to Cadiz and all along the coasts of Spain about the time of the vintage, and that the convoy have orders to wait for the security of the merchants' ships in the Bay of Cadiz, Malaga Road, Almeria Bay, Carthegenia Bay, Allicant Road and Barcelona, from ten to twenty days in each place, or so long time thereof as the Trade shall require, during which time they may vend our woollen manufactury and receive their money and goods, by which means our shipping will be employed, our Trade go forward and the King's Customs not lessened. By sending a sufficient force to Newfoundland for the security of that important place, at least 10 men of war, who during the summer may annoy the French Fishery on the Bank and at St. Peter's and Placentia, and about the 10th of Oct. may proceed for the Bay of Cadiz and lie there, and at the places above-named, the time proposed for the vending their fish and bringing away returns. And whereas it may be objected that there will be little probability of a Trade with Spain, when there is a war, I humbly answer that there's some living who traded with Spain last war all the war, and were admitted into Port only on carrying Neutral Colours, altho' the Spaniards well knew the ships and the Commander to be English, and we may well expect the same Trade now, as the war will not be so directly against the Spaniards as the French, it being to settle affairs as most of them will be found to wish for, and as they cannot be supplied by our woollen manufactures and fish so well as by us, or if they could, yet that it's only England and Holland that takes the produce of their country in returns, and that this Trade is to be effected. There's very few merchants who constantly trade in time of peace but what have friends there, who on their assurance will send of and trade in time of war. Signed, Solomon Merrett. Endorsed, Recd. Read Jan. 29, 170½. 1 p. [C.O. 194, 2. No. 55; and 195, 3. pp. 28–31.]
Jan. 29. 65. William Popple to Josiah Burchet. The Council of Trade and Plantations order me to enclose you a copy of the Memorial of Mr. Solomon Merritt [above], to be laid before the Rt. Hon. the Lord High Admiral of England, for such consideration as his Lordship shall think fit. [C.O. 195, 3. pp. 31, 32.]
Jan. 29.
66. The Earl of Manchester to the Council of Trade and Plantations. The King, having thought fit to appoint Brigadier Selwyn Governor of Jamaica and to determine Sir Wm. Beeston's Commission, would have you prepare a letter of Revocation for his signature. Signed, Manchester. Endorsed, Recd. Read Jan. 29, 170½. 1 p. [C.O. 137, 5. No. 60; and 138, 10. pp. 323, 324.]
Jan. 29.
New York.
67. T. Weaver to the Council of Trade and Plantations. I must most humbly thank and acknowledge your Lordships' great justice and goodness in not giving intire creditt to the calumnys and clamours of the merchants against me for justly discharging my oath and duty as Collector—the great charge H.M. has been pleased to honour me with (amongst a people who never till now were interrupted in their breach of the Acts of Trade) I am sensible will subject me to great malice. But I am assur'd of your Lordships' protection whilst I do my duty. In the whole business of Wake's ship and all other seizures I have made, I have persued the Acts of Parliament, which I am sworn to observe—and it is I hope worth your Lordships' observation, that complaints are made against me to your Lordships by those that never once complained to the Government here against me so much as by a petition—but they believe a complaint so far off will give me trouble and discredit me with your Lordships, who will have, according to your orders, a full account of my behaviour from the Governour here, as the Agent, Mr. Champante, hath the whole proceedings to produce to Your Lordships for my justification. I pray leave to say that the anger of the Merchants against me is some proof I am not corrupted by them— nor ever shall be—I gave the Commissioners of Customs an account some time since of my proceedings against Wake's ship, and if your Lordships please to order me, I shall give your Lordships the trouble of constant accounts of what seizures I make, that your Lordships may judge how far I observe my oath and duty, and how unjustly I am complained against by such petitioners as Wake and his owners, who have not represented one true fact to your Lordships. As I have, to my great charge and trouble, left England to serve H.M. in a remote Colony amongst a divided people, hitherto licentious in trade, so I shall never depart from the interest of my Prince, etc. Signed, T. Weaver. Endorsed, Recd. 14th, Read April 27, 1702. Holograph. Addressed. 2 pp. [C.O. 5, 1047. No. 34; and 5, 1119. pp. 111, 112.]
Jan. 29.
68. William Popple to Wm. Atwood. I rejoiced at the receipt of your letter, Aug. 20, etc. Their Lordships are very well pleased with what you write of your care in the affairs of the Province, and with the testimony you have had thereof in the additional salary of 70l. per annum made you by the Assembly. As to what you write about the time when your salary should commence, they have ordered me to acquaint you that the regulation of matters which relate to the disposition of money dos not belong to them, nor therefore can they meddle in it. What you say you have done for preventing the mischiefs which threat'n'd the City from the discontents raised upon the return of Aldermen and Assistants, is very acceptable to their Lordships; who order me to signify to you that you cannot do a greater service than in contributing your endeavours towards the reconciling all differences, and preventing the mischiefs that may arise from thence, and they therefore desire you to continue that care on all occasions. The disorders that you mention to have been in the Assembly are very unhappy, but more especially the paper sent by the Sheriff of Suffolk County, as the sense of the Freeholders, upon the not executing the writ for electing Representatives for that County, seems to be an insolency which ought to be prosecuted with vigour. And their Lordships have thereupon ordered me to assure you that (whenever it may be necessary) you shall not want such protection as they are able to give in the performance of your duty, either on that or any other occasion for H.M. service. [C.O. 5, 1119. pp. 75–77.]
Jan. 29.
69. William Popple to Joseph Morton, Judge of the Admiralty in Carolina. Your letters of the 29th August and 25th September last, together with the Copy of an Act for regulating the Court of Admiralty in Carolina (which was there inclosed), having been laid before the Lords Commissioners for Trade and Plantations, their Lordships have commanded me to acquaint you that they have the said Act now under consideration; And further to assure you of their constant readiness to doe anything that may be proper for them to incourage you in the continuance of that care which they are willing to believe you have hitherto used in suppressing Piracy and illegal Trade, and otherwise pursuing the ends of your Commission as may be best for his Majesty's Service. [C.O. 5, 1289. p. 339.]
Jan. 29.
70. William Popple to Dr. Newton, Advocate to the Lord High Admiral. The enclosed Copy of an Act past in Carolina the 1st of March, 1700/1, for regulating the Court of Admiralty, having been transmitted to the Lords Commissioners for Trade and Plantations, by Mr. Morton, Judge of that Court, with complaint that the said Act is very injurious to himself and the other Officers of the Admiralty there, derogatory to his Commission, and does tend to the incouragement of unlawfull Trade, their Lordships have commanded me to send the same to you, and to desire your opinion thereupon, more especially in relation to the inconsistency thereof with the Powers and Authoritys belonging to the Judge or Court of Admiralty in Carolina by virtue of H.M. Commission, and with the methods of proceedings which ought to be there observed. [C.O. 5, 1289. p. 340.]
Jan. 29.
71. Order of King in Council. Approving enclosed form, and referring it to the Lords Commissioners of Trade and Plantations, who are to call upon the Proprietors of East and West New Jersey to execute the surrender according to this form. Signed, John Povey. Endorsed, Recd. Read Feb. 4, 170½. ¾ p. Enclosed,
71. i. Copy of Form of a Surrender, prepared by the Attorney General, to be made by the Proprietors of the Provinces of East and West New Jersey in America, to His Majesty, of all their right or pretence of right to the Government they have hitherto claimed of the said Provinces. Signed, Edw. Northey. Endorsed, Read Jan. 29, 170½. 5¾ pp. [C.O. 5, 1261. Nos. 42, 42.i.; and 5, 1289. pp. 346–357.]
Jan. 29. 72. Minutes of Council of New York. 27l. 5s. 11½ d. paid to Gabriell Tompson for so much expended by him by order of the Government in entertaining Frenchmen sent from Canada as also several Sachims of the Five Nations together with persons sent express from Albany on the public affairs of the Government.
363l. 11s. 6d. sterl. paid to Katherine, Countess of Bellomont, the same being due to Thomas Weaver for his salary as Agent of this Province in England and for monies advanced by him for fees to Council, to the Clerks of Offices, etc., about the public affairs of this Government, he having requested that the same should be made payable to her.
6l. 6s. paid to Judith Pemberton for nursing Henry Povey ten weeks and Isaiah Brooks 8 weeks. Also 8l. 8s. for nursing Jonas Thomas, a sick soldier, for 24 weeks.
Whereas several private Commissions have been granted by former Governors to several persons, some whereof by experience have proved a disservice to H.M. leading only to the interest of such persons to whom they have been granted, and others misapplied, it is ordered a Proclamation issue declaring all Commissions, powers and authorities granted to any person by any former Governor to be voyd, except the Justices of the Peace, Militia Officers, Commissioners for managing the Indian Affairs, Clerks of the Council and Assembly and Custom House Officers, that thereby this Board may be informed of all Commissions and powers in force in this Province. [C.O. 5, 1184. pp. 615–617.]
Jan. 31.
Office of
73. Board of Ordnance to the Council of Trade and Plantations. The Officer sent home by Captain Richards from Newfoundland having represented that the Navy formerly sent a large chain for a boom for the security of the harbour's mouth of St. John's, and that it is yet altogether useless for want of being fixed and masts to float it, we have thought fit to acquaint your Lordships therewith, and to send him to attend your Lordships concerning it, not doubting but your Lordships will think it for H.M. service that the Navy Board to whom it belongs may have directions to fix it, and to provide masts for the floating thereof. Signed, C. Musgrave, J. Pulteney, Wm. Boulter, Ja. Lowther, Jon. Charlton. Endorsed, Recd. Read Feb. 2, 170½. 1 p. [C.O. 194, 2. No. 56; and 195, 3. pp. 32, 33.]
Jan. 31.
74. Governor Bennett to Mr. Popple. Refers to letter and enclosures of Jan. 12. By a vessel from Carolina, Jan. 18, I had advise that Capt. Flavill, who has stores on board for this place, was arriv'd there, having in bad weather been driven off from this coast, but will proceed hither after having refitted. By the same conveyance with this, Mr. Day, my predecessor, sends letters to his father and others complaining, as I am told, of some hardships he has received this Assises, having been Defendant in several actions and cast in every one. The reason I mention this is, least I should be represented to have been unkind by not protecting him from those prosecutions, which I presume I could not justifiably do, but what was in my power to serve him, I constantly complied with, and had I not timely corrected some insolences that were offered to him, I am satisfied the mob would have roughly handled him, for the better sort openly declared they would have shewn their resentments in a revengeful manner, were it not in respect to me. The Assizes not being over, I cannot yet give an account of proceedings on those Articles I transmitted against the late Sheriff, Mr. Jones, only, as in my last, he is found guilty of perjury. Signed, B. Bennett. P.S.—Just as I had finished my letters, a sloop arrived here with a passenger who came over in Capt. Flavill's and brought a pacquett with him from you. I hear Capt. Flavill has a pacquett for me, which he says he must deliver himself. Signed, B. Bennett. Endorsed, Recd. March 27, 1702. 2½ pp. Enclosed,
74. i. Abstract of preceding.
74. ii. Copy of address of the Assembly of Bermuda, containing reasons for uniting the Bahama Islands to the Govt. of Bermuda. Nov. 22, 1701. Endorsed as preceding. 4 pp. [C.O. 37, 3. Nos. 64, 64.i.,ii.; and (duplicates without abstract) 37, 25. Nos. 71, 71.i.; and (without abstract) 38, 5. pp. 194–198.]
Jan. 31. 75. Order of House of Commons. That the state of the Plantations with relation to Trade and their security, together with the names of the present Governours of the Plantations, be laid before this House by the Commissioners for Trade and Plantations. Endorsed, Recd. Read Feb. 2, 170½. ½ p. [C.O. 323, 3. No. 112; and 324, 8. p. 65; and 389, 14. p. 234.]
Jan. 31. 76. Answer of Council of Trade and Plantations to preceding [C.O. 389, 37. pp. 241–308.]