America and West Indies: January 1702, 6-10

Pages 5-16

Calendar of State Papers Colonial, America and West Indies: Volume 20, 1702. Originally published by His Majesty's Stationery Office, London, 1912.

This free content was digitised by double rekeying and sponsored by the Arts and Humanities Research Council. All rights reserved.


January 1702

Jan. 6.
7. Council of Trade and Plantations to the King. Having been directed by their Excellencies the Lords Justices, upon a Representation which we humbly laid before them concerning the disorders in yr. Majty.'s Provinces of East and West New Jersey in America, to prepare Draughts of a Commission and Instructions for a Governour to be sent thither by yr. Majty. and to consult therein the Proprietors of those Provinces in order to the surrender of their pretended right to the Government of the same, We humbly lay before yr. Majty. the Draughts which we have prepared accordingly with such clauses as we conceive proper to enable the Governour (for whose name we have left a blank) to proceed in settling a Government in that Country conformable (as near as the circumstances of the Inhabitants will permitt) to the method of Government settled by yr. Majty.'s respective Commissions in Your other American Plantations, and withall to prevent the interfering of that Colony with the interest of those other Plantations. We have also in pursuance of their Excellencies' Directions communicated the said Draughts to Sir Thomas Lane and others the principal Proprietors of West New Jersey and to Mr. William Dockwra, Secretary, and others the Principal Proprietors of East New Jersey, in behalf of themselves and the rest of the Proprietors of both those Divisions, which Draughts they have unanimously approved, And in confidence that yr. Majty. will be graciously pleased accordingly to constitute a Governour over those Countries, they have declared themselves willing and ready to surrender all their Right or Pretence of Right to Government which they have hitherto claimed. Whereupon we humbly represent to yr. Majty. that the reducing those Colonies to an orderly form of Government under a Governour constituted by yr. Majty.'s immediate Commission, will be of great service to yr. Majty. in preventing illegal Trade and the harbouring of Pirates and will be of good influence throughout the other Plantations. And we humbly offer that Mr. Attorney General be directed forthwith to prepare a Form of a Surrender of their said Right or Pretence of Right to Government, which may be most effectual to the extinguishing their Pretentions; and present the same to yr. Majesty. And whereas they have desired that the first Governour to be thus appointed by yr. Majesty may be a person fitly qualified for that service, but cannot agree in the recommendation of any particular Person, We humbly propose that when the surrender shall be made, yr. Majesty would be pleased to nominate some person wholly unconcerned in the factions which have divided the inhabitants of those parts. Signed, Stamford, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Abr. Hill, Mat. Prior. [C.O. 5, 1289. pp. 319–321.]
Jan. 6.
8. President and Council of Barbados to the Council of Trade and Plantations. Since his Excellency the Lord Grey's departure from hence, there hath occurred a matter of importance, which we humbly think to be our duty to lay before your Lordships for his Majesty's service. When Admiral Bembow was with H.M.'s squadron of shipps at sea, to the North East of this Island in the month of October last, he came up with a pink called the Hermin of Nantes, John Dossett Master, bound as we have been informed from France to Martinique, laden with French merchandize, which he caused to be brought into the cheif Rhoad of this island by Captain Richard Kirkby, Commander of H.M.S. Ruby. H.E. Lord Grey was applyed unto (after Admiral Benbow was gone hence) by the said French Master and one Monsr. Horry, the Merchant of the said pink, to be dismist and suffered to go about his business, upon which Captain Kirby being here was ordered to attend his Lordship in Councill to show cause why the said French Master and Merchant's desire should not be granted, and upon hearing the allegations on both sides urged, it was the opinion of his Lordship and the Board, that the said pink ought to be dismist, as belonging to the subjects of his most Christian Majesty, and his Lordship then asked them if they had suffered any unkind treatment or injury, who declared both of them, that they and their ship's company had been very civilly used by Captain Kirby and his officers and seamen and that only one hhd. of ordinary dry goods had been open'd, and about the one half thereof taken out, which they then charged upon the English seamen, who charged the same back again upon the French carpenter, as done by him; upon this the French were told by his Excellency, that the matter should be further enquired into, if they desired it, but both the French Master and Merchant declared at this Board that the goods wanting were of so small a value, that they thought it not worth their looking further after; and thus it stood when his Excellency went hence on the 20th November last. On which day the Frenchman also sailed in prosecution of her intended voyage to Martineque. But now the French have started new demands and have charged the stopping of the pink by Admiral Benbow as an infraction of the Peace at Riswick, and require about three hundred pounds sterling for reparation of damages; all which your Lordships will perceive by a true coppy of a letter from Monsieur D'Guitand, the French Generall at Martineque, lately sent hither by a French sloop by the hands of the said Mons. Horry, whereunto we humbly crave leave to referr your Lordships; and altho' we were under some surprize to hear again of that matter, because we thought they had been well satisfied with their kind usage here; yet we held it necessary to return an answer to it, which was done in the manner your Lordships will see by a true copy of it herewith sent; whereof we hope your Lordships will have favourable thoughts; we having before it was wrote taken the opinion of Mr. Chilton, H.M.'s Attorney Generall of this Island, concerning the manner offer'd the French to attaine their demands, which your Lordships will also see by a coppy of the Minutes of Councill to that purpose. Your Lordships' penetrating judgments may discern more in this French letter, then we can judge of, and therefore we most humbly think it our dutys to hasten it to you by this first opportunity together with our proceedings, that it may (if your Lordships see it needfull) be laid before his Majesty: the French General at Martineque having done the like to his Master, as his said letter informs us. We think it needfull also to acquaint your Lordships that some Negroes are now questioned here for having had a designe to burn the Bridg Towne, and to attempt some other violences; and a Court according to Law has been appointed to discover and try the offenders, who have not yet mett with reasons enough to think their designe was a generall insurrection, as some persons have feared; nor do we think there is now any great danger; since we are alarmed by it, however, to prevent the worst and that this Island may be in a better state of security against all unfortunate events, we beseech your Lordships to lay our humble prayers before his Majesty, that whenever a warr shall happen, H.M. would be graciously pleased to post a regiment of Foot here in such manner as his royal goodness and wisdome shall think fitt; that this Island so valuable to the Crown and Kingdome may be in a better state of security than it's possible to be without it. Signed, John Farmer, Presdt., Geo. Lillington, Geo. Andrews, Patk. Mein, David Ramsay, Saml. Cox. P.S.—Jan. 14. Since the foregoing letter was writt by myself and Councill, I have had intelligence of severall French Men of Warr now at Martinique, and others expected there, as your Lordships will see by the inclosed depositions now transmitted to you. Signed, John Farmer. Endorsed, Recd. Feb. 28, Read March 3, 170½. 2¾ pp. Enclosed,
8. i. Abstract of preceding. 1 p.
8. ii. Deposition of Evan Parris, Master of the Graysberry. Jan. 14, 170½. Being by stress of weather put into Martineco, Jan. 7, lying in the Port of St. Peters, saw in that harbour thirteen French men of war lying at anchor, one whereof was a three deck ship with a flagg at the missen top mast head, mounted, as 'twas said, with 106 guns, the rest were fifty gun ships and upwards. They had been about a fortnight there in expectation of being joined by 35 sail of French men of war more from Europe. By the information of some Englishmen then at Martinico, there also lay at Port Royal in Martineco two and twenty sail more of French men-of-war, under the command of a flag at the main top mast head, being a three deck ship, and at his coming along the coast of the Island near the said Port of Fort Royal, in the night he observed the eight o'clock gun to be fired and many lights in that harbour. Before he was suffered to depart from Port St. Peters, the Intendant of the Island together with an officer belonging to the Flag ship lying in Port St. Peters went from thence to Port Royal to consult the officers of the men-of-war lying there, whether this Deponent should be suffered to come away or not from hence, for this Island, nor was he permitted to come away until they returned, which they did about 24 hours after, and then this Deponent was permitted to sail, which he accordingly performed on the 10th inst. and arrived here this day. By the best information he could learn, the said men-of-war were bound to the Westward. Signed, Evan Parris. Endorsed, Recd. Feb. 28, 170½. 1¼ pp.
8. iii. Deposition of Giles Fifield, Commander of the Dolphin. Jan. 12, 170½. Being at Maderas, loading with wines, Nov. 25, there arrived in that Port a French man-of-war of about 70 guns from Lisbon, with a packet from the King of Portugal to the Governor of Maderas, commanding (as Deponent was informed by the English merchants there) that Governor to supply a squadron of French, consisting of 38 sail of men-of-war and five ships, which they might expect there in a very short time, with what that Island could afford. But whither the said squadron were designed, Deponent heard not. On Nov. 28, while he lay in that Port, one of H.M. ships of war, commanded by Capt. Paul, belonging to the squadron under the command of Commadore Whetstone arrived, and gave an account that the said squadron under command of Commadore Whetstone were put to sea, and afterwards separated by bad weather, wch. Capt. informed Deponent that it was the orders of Commadore Whetstone that if they should be separated by bad weather they should make the best of their way to Maderas in order to make up their squadron there. Deponent leaving Maderas on Dec. 2, left that ship there. Signed, Giles Fifield. Endorsed, Recd. Feb. 28, Read March 3, 170½. 1¼ pp.
8. iv. Minute of Council of Barbados, Nov. 19, 1701. Endorsed as preceding. Copy. 1 p.
8. v. M. de Guitand, Governor of Martinique to the President of the Council of Barbados. Martinique, Dec. 29, 1701. [See Cal. A. and W. I. 1701. No. 1192.] Signed, Le Commandant De Guitand. Endorsed as preceding. Copy. French. 2⅓ pp.
8. vi. President of the Council of Barbados to the Governor of Martinique. Barbados. Dec. 30, 1701. [See Cal. 1701.] Signed, John Farmer, President. Endorsed as preceding. Copy. 2 pp.
8. vii. Copy of Minute of Council of Barbados, Dec. 30, 1701. Endorsed as preceding. 1 p.
8. viii. Copy of Minute of Council of Barbados, Dec. 30, 1701. Endorsed as preceding. 1 p. [C.O. 28, 6. Nos. 25, 25.i.–viii.; and (without enclosures) 29, 8. pp. 475–481.]
Jan. 6.
9. Council of Barbados to the Lord Grey. As your Excellency's departure hence was the occasion of great sorrow not only to us, but to all the inhabitants here, who were never more happy than under your Government, so it will be a thing of great joy to us to hear that your Lordship is safely arrived, etc. Gives information of the Hermin de Nantes affair, as above. We pray your Excellency's assistance to this Island in procuring a regiment of foot to be sent hither whenever a war shall happen. Really, my Lord, there will be need for it, for reasons you too well know. We are in great hopes you will be successful in this, as also in what other matters the Island besought your favour in at your going, especially for the great guns and shot to be speedily sent. Your Excellency's absence doth not make us think you are the less our Governor, nor do we despair of your Lordship's returning to us again. Signed, John Farmer, President, Geo. Lillington, Geo. Andrews, Pat. Mein, David Ramsay, Samll. Cox. Endorsed, Communicated to the Board by the Lord Grey. Recd. Read March 3, 170½. Copy. 3 pp. [C.O. 28, 6. No. 26.]
Jan. 6. 10. Archibald Hutcheson to the Council of Trade and Plantations. I shall not repeat what I have already offered in Col. Codrington's behalf in answer to Mr. Freeman, but having since by your Lordships' directions had copies of some papers exhibited by him in proof of his petition, I crave leave to remark (1) That there is not proof on oath of the injury complained of, for Mr. Goodwyn swears only as to Mr. Freeman's Agent being in possession, and Mr. Mead of his own knowledge swears no more. As to the Letters Patents, how possession was thereon obtained, how and on what grounds the Justices proceeded, what application was afterwards made to Col. Codrington, and what was done thereon, there is no proof offered but letters and copies of papers; and were it therefore regular, as I humbly insist it is not, on the hearing only on the one side to grant what the Petitioner desires, yet surely the allegations on which the request is founded ought at least to be supported by some testimony on oath, and by what has lately happened in relation to Mr. Mead's complaint now before your Lordships, there is a fresh instance how slender an evidence letters are to be esteemed, for that gentleman's correspondents wrote to him late in Oct. last that they knew not when his appeal would be heard, although they continued to press the same. And I have now in my custody the attested copies of the record of the proceedings in that appeal by which it appears that the same was heard and determined, and an appeal to H.M. craved and allowed Sept. 6 last. Again, Mr. Pogson, the Petitioner's Agent, writes, July 16, relating to one of your Lordships' Board, which he affirms as positively as he does his other matters, and with as much assurance as if he had seen a letter of Col. Codrington's to that purpose, tho' I presume none who know that gentleman will think so poorly of his sense as to believe him capable of offering so rude and brutish an indignity as to pretend to imploy any of your Lordships for his Sollicitor, and that too in a matter which would probably come before the Board. (2) But supposing the said letters and copies were to be admitted as evidence, yet they nowise prove that part of the complaint which particularly relates to Col. Codrington, vizt. that instead of giving redress on the application made to him by the Petitioner's Agent, he immediately entred upon and took possession of the Plantation for his own use, and now holds and enjoys the same, giving orders in and about the management thereof; and yet by Mr. Pogson's letters it appears that he was still in possession thereof, and planting and managing for the Petitioner's benefit, and not for Col. Codrington, as was suggested at the last hearing, for he expressly says that he had refused all offers from Col. Codrington for that purpose. (3) Even supposing Petitioner's Agents were now actually out of possession and that the petition of which the copy is produced had been presented to Col. Codrington, and that he has done nothing thereon, he has done just as he ought, and what I presume the Lord Chancellor would have done on the like petition. Here is a conviction of a forcible detainer, for ought appears to the contrary, duly made by two Justices on their view, and thereon the force removed and possession given to those from whom it was wrongfully detained. Whilst this conviction remains in force, it cannot be pretended that Governors in the Plantations or the Chancellor here can on a petition grant orders to restore possession legally taken away. (4) Argues that nothing can be offered for setting aside the legality of the conviction. Signed, Arch. Hutcheson. Endorsed, Recd. Read Jan. 6, 170½. 3 closely written pp. [C.O. 152, 4. No. 77; and 153, 7. pp. 323–330.]
[? Jan. 6.] 11. James Taylor (Deputy Secretary of St. Kitts) to Capt. John Pogson. I cannot give you a particular account as to time, but the Commission of the Peace was not signed by H.E., nor did pass the Seal in about two months after the gentlemen appointed Justices were sworn. Upon Aug. 30 it was produced in Council signed and sealed. I cannot inform myself when it was sent to Antegoa, but sure I am, it was many weeks after the Justices were nominated therein and sworn. Signed, Ja. Taylor. Countersigned, Wm. Mead. Sept. 5, 1701. Endorsed, Presented to the Board by Capt. Freeman. Recd. Read Jan. 6, 170½. Copy. ¾ p. [C.O. 152, 4. No. 76.]
[Jan. 6.] 12. Extract of letter from Major Lewis Burwell to Sir Jeffrey Jeffreys, Aug. 20, 1701. Begging his assistance "in gitting a quietus from bearing the office of a Councillor in Virginia." Endorsed, Recd. Read Jan. 6, 170½. Addressed, To William Blathwayte, Esq. Copy. 1 p. [C.O. 5, 1312. No. 25.]
Jan. 6.
13. Journal of Council of Trade and Plantations. Representation concerning the Governor's Commission for the Jerseys [see Jan. 2] signed.
Letter to the Earl of Manchester, to acquaint him that as one of H.M. Principal Secretaries of State he is one of the Commissioners of this Board, signed.
Upon consideration of Capt. Richard's letter, Sept. 8 last, from Newfoundland, ordered that a letter be prepared wherein to transmit copies of his agreement with masters of ships to transport materials thither, to the merchants of this City and of several outports trading to Newfoundland, to know what may be depended upon for the performance of that promise.
Mr. Blathwayt communicated to the Board a letter from Sir Jeffery Jefferies concerning Mr. Burwell [as in preceding].
Mr. Freeman attending according to appointment with Mr. Brown on one side, and Mr. Hutchinson and Mr. Cary with Sir Thomas Powis on the other, the latter, in order to defend the proceedings of the two Justices of Peace in dispossessing Mr. Freeman's Agents of the Plantation called the Mannor of Godwin in St. Christophers, did assert as Law that a forcible detainer is within the purveu of the Statute as much as a forcible entry; and that upon Mr. Cuningham's complaint thereof the Justices were obliged to go to the place; that their view upon the place is a sufficient evidence to them without any further enquiry; and the same being recorded is so far good in Law that it cannot be traversed, but may indeed be removed by Certiorari; whereas a proceeding by a Jury (which method they might have followed, if they had thought fit) is of less credit and may be traversed; and as to the objection that Mr. Cuningham was excluded from this course of proceeding by the view of the Justices, by reason of the length of time that Mr. Freeman had been in quiet possession, he answered that it appears by the petition itself that his possession cannot have been longer than from Aug. 8, 1699 (the date of his patent) till about May 22, 1701 (the time of the entry complained of) which is not full two years; whereas the Statute relating to entries upon estates by the view of two Justices does not make any limitation of time at all; only a proviso in the end allows that after three years' peaceable possession, the possessor may defend by force; so that the proceedings of the Justices, he said, were according to Law.
Mr. Brown, in answer, set forth Mr. Freeman's title not as derived only from his patent, but as descending to him from his father, and restored by the patent; after the granting of which patent, Mr. Freeman by his Agents did peaceably enter upon the plantation, and had since that time continued in quiet possession of it; and his complaint is that he is now dispossessed not by due course of law (which ought to have been upon an enquiry by a Jury), but by a meer colour of Law, whereas in truth it was a violence committed upon him by Col. Codrington's Agents or others under the favor of his protection, as appears by the threatening expressions set forth in the petition, and proved by Mr. Mead's deposition.
Upon further queries made by the Board relating to the dispossessing of one party and putting the other into possession, Sir T. Powis agreed that all that Justices of Peace can do upon complaint made to them of a forcible detainer, and their view thereof, is to remove the said force: they can proceed no farther: nor have they any authority to put the person complaining into possession: that being a thing which cannot be done, but by inquisition. It was objected also by Mr. Brown that there does not appear to have been any record made by the Justices upon their view more than the mittimus by which they sent Pogson and others to prison, which (if so) is a great defect in their proceedings; and that upon sending those persons to prison it seems as if Cuningham or other Agents for Col. Codrington entered into possession without more adoe. To which Sir Thomas Powis, as likewise Mr. Hutchinson and Mr. Cory, answered, that as they had no instruction from Col. Codrington in the matter, they desired that he may be heard before any resolution be taken. As to the suggestion in the petition that the two persons called Justices, who dispossessed Mr. Freeman, were not really Justices at the time of their so doing, Mr. Brown showed to the Board a letter from Mr. James Taylor, Dep. Secretary of St. Christophers, (with a deposition of Mr. Mead's proving it to be Taylor's hand) wherein he writes that the Commission of the Peace was not signed by the Governor, nor did pass the Seal in about 2 months after the gentlemen appointed Justices were sworn. Copies of the letter and deposition were taken.
Mr. Hutchinson delivered to the Board a further memorial in defence of Col. Codrington.
Jan. 7. Mr. Mead attending on one side, in pursuance of the minutes of Dec. 31 last, and Mr. Cory and Mr. Hutchinson on the other, Mr. Mead acquainted the Board that Mr. Dodd, who had promised to assist him, is fallen ill, and desired further time for hearing; to which Mr. Hutchinson agreed, only further desired that in the meanwhile Mr. Mead may be directed to communicate to him such papers as he intends to make use of in proof of the facts set forth in the petitions. Ordered accordingly, and that all parties attend on Tuesday.
Order of Council, Jan. 1st, upon the petition of Mr. Cory read and directions given for preparing a representation thereupon. [C.O. 391, 14. pp. 267–275; and 391, 96. Nos. 2, 3.]
Jan. 6. 14. Minutes of Council of Barbados. Lt.-Col. Thomas Maxwell took the oaths appointed as Member of the Assembly for Christchurch. Members of Council sworn.
William Gallop, James Vaughan and Major Thomas Ince were sworn in the Commissioner of the Peace.
It being ordered the last Council Day that Col. Frere's Regiment should come down to guard the town after the Town Regiment had done their duties, the said order is now counter- manded, there being no occasion for them, and that there be two constables and a double watch every night to guard the town till further orders, and that the Justices of the Peace take care to see the same performed.
50l. 6s. 3d. paid to Capt. John Heywood for money spent on the fortifications.
It being very necessary that the welfare of this Island should, at this juncture, be speedily considered of, ordered that letters issue to the absent Members of this Board, and likewise to all the Field Officers to meet as a Council of War at the Council Chamber in James Fort on Monday.
Ordered that the Judges' Commissions for the several Courts be forthwith drawn out.
H.M. Governor of Jamaica being daily expected to call here in his way to that Government, resolved that the Members of this Board upon appearance of a flag at the top mast head will immediately repair to the Councill Chamber in order to his reception. Ordered that upon his arrival in the Rhoad the Secretary attend him and acquaint him that the Lord Grey is returned for England, and that the President and Council, as soon as they can get together, will be ready to wait upon H.E. [C.O. 31, 6. pp. 112–114.]
Jan. 8.
15. Order of King in Council. Approving the representation of Dec. 12, 1700, concerning the administration of Justice in Barbados, and ordering that the Governor or Commander-in-Chief of Barbados be strictly admonished to a constant care and watchfulnesse that Justice be administered on all occasions according to H.M. orders already signified to them, as is proposed by the representation. And the Lords Commissioners for Trade and Plantations are to write accordingly. Signed, John Povey. Endorsed, Recd. 12th, Read Jan. 20, 170½. ¾ p. [C.O. 28, 6. No. 28; and 29, 7. p. 459.]
Jan. 8.
16. Order of King in Council. Approving of the two Acts of Barbados, Oct., 1699 and Nov. 5, 1700, for paying Governor Lord Grey 2,000l. currant money and 2,000l. sterl., in accordance with representation of Dec. 12, 1700 (q.v.) Signed, John Povey. Endorsed, Recd. 12th, Read Jan. 20, 170½. 1 p. [C.O. 28, 6. No. 27; and 29, 7. p. 460.]
Jan. 8.
17. Order of King in Council, referring enclosed petition to the Council of Trade and Plantations for their opinion. Signed, John Povey. Endorsed, Recd. 5th, Read March 6, 170½. ¾ p. Enclosed,
17. i. Petition of Caleb Heathcote to the King. In the name of the inhabitants of Westchester prays H.M. to bestow an escheat of 110 acres of land fallen to the King in this place by the death of Thomas Williams, towards the maintenance of their Minister. Signed, Caleb Heathcote. Copy. 1 p. [C.O. 5, 1047. Nos. 37, 37.i; and 5, 1119. pp. 77, 78.]
Jan. 8.
18. Council of Trade and Plantations to the King. In obedience to your Majesty's Order in Council of the 1st instant, upon the petition of Mr. Joseph Jory, Agent for the Island of Nevis, praying that 600 matchlock barrills, which did belong to your Majesty's Forts there, and are now sent home by the Lieutenant Governour and Assembly of that Island, may be received into your Majestys Stores in the Tower of London, and that instead thereof a sufficient number of firelock arms may be forthwith delivered for a supply to the said Forts, We humbly report to your Majesty that by the accounts communicated to us by the principal Officers of yr. M's Ordnance, we find that there have been 550 matchlocks sent to the Leeward Island since yr. M.'s accession to the Crown, and other numbers of the like arms formerly; And whereas such matchlocks are generally not so serviceable as firelocks, and more particularly dangerous in marches through a Country full of sugar canes, We humbly offer that the Board of Ordnance may be directed to receive the foresaid 600 matchlock barrills, and in lieu thereof to deliver to Mr. Jory the like number of firelocks, to be forthwith sent by him to the Island of Nevis for yr. M.'s service in the defence of the said Island, which we humbly conceive to be very requisite in this present conjuncture. Signed, Stamford, John Pollexfen, Ph. Meadows, Abr. Hill, Wm. Blathwayt, Mat. Prior. [C.O. 153, 7. pp. 333, 334.]
Jan. 8.
19. Order of King in Council. Approving the foregoing representation and directing the Board of Ordnance to act accordingly, and to return an estimate of the charge. Signed, John Povey. Endorsed, Recd. 13th, Read Jan. 20, 170½. ¾ p. [C.O. 152, 4. No. 78; and 153, 7. pp. 377, 378.]
Jan. 8.
Fort William
20. Minutes of Council of New York. Present: the Hon. John Nanfan, Abraham Depeyster, Samuel Staats, Robert Walters, Thomas Weaver, William Atwood. Salaries paid to Lt.-Gov. Nanfan, C. J. Atwood, S. Broughton, Att. General, and other officers.
Petition of Samuel Denton read. Ordered that Edward Antill have notice thereof, and give in an answer with all convenient speed.
Petition of Luycas Kerstead, son of Sarah Rooletts, decd., Johannis Kipp and William Teller, sons-in-law of decd., and all executors of the will of their said mother, read, and ordered that the will of said Sarah Kerstead and the deeds from the Indians in the said petition mentioned be produced to this Board before any order be made thereon.
Petition of Capt. Jacob Mauritz, praying a reward for pilotting H.M.S. Deptford from New York to Sandy Hook, was read, and the Governor and Council are of opinion that the satisfaction of matters of this nature properly belonging to the office of the Admiralty in England, he ought there to apply for the same, but it being alleadged that the Petitioner in order to his application as aforesaid having obtained a certificate of his said service from the Commander of the ship, which he had delivered to the Earl of Bellomont, who was pleased to promise to take care therein, and the said certificate not being since to be found amongst his Lordship's papers, it is hereby recommended to Petitioner to make oath before the Chief Justice of his delivery of the certificate, together with the contents thereof, and this Board, on his so doing, will take further care of the premisses.
Petition of William Le Coute read, praying a recompense for the damages done to his house let by his Attorney whilst he was at the West Indies, to Anthony Rogers, Chyrurgion of H.M. Fort, who used the same for an hospital for the use of soldiers belonging to the said garrison. Committee appointed to view the same and report.
52l. paid to the Lt.-Gov. in lieu of so much expended by him for house-rent for himself during the time the Earl of Bellomont was resident in the Fort. [C.O. 5, 1184. pp. 599–601.]
Jan. 8.
21. Journal of Council of Trade and Plantations. Representation upon Mr. Jory's petition, Jan. 1, signed.
Letter from Mr. Secretary Hedges, Dec. 10, with enclosures from the Massachusetts Bay, read. Directions given for preparing a Representation thereupon.
Letter from Col. Romer, Boston, Aug. 8 and Oct. 16, 1701, read. Directions given for inserting some part thereof in the forementioned Representation.
Letter from Mr. Levingstone, Aug. 22, letter from Lt.-Gov. Nanfan, Aug. 21, and petition from Peter Schuyler, etc., for arrears due, read. The matter in the petition not lying before the Board, ordered that it be sent to Mr. Lowndes.
A Memorial from Mr. Morris, in answer to Mr. Dockwra's complaints against Col. Hamilton, was laid before the Board.
Jan. 9. Ordered that the Secretary write to the Dep. Governor of the Hudson's Bay Company [as in following].
Directions given for preparing a Representation upon the general state of defence of all H.M. Plantations. [C.O. 391, 14. pp. 276–279; and 391, 96. Nos. 4, 5.]
Jan. 9.
22. William Popple to the Deputy Governor of the Hudson's Bay Company. The Council of Trade and Plantations desire the Hudson's Bay Company would lay before them whatever they may think fit to offer in relation to the Trade and security of that place at this time. [C.O. 135, 3. p. 102.]
Jan. 9.
23. William Popple to William Lowndes. Enclosing a copy of the petition of Peter Schuyler, Robert Livingston and the Widow van Courtland [see Cal. A. and W.I., 1701. Aug. 22] to be laid before the Lords Commissioners of the Treasury. [C.O. 5, 1119. p. 62.]
Jan. 10.
St. James's
24. Minute of Proprietors of Carolina. The Rt. Hon. John Earl of Bathe, fourth Palatine of Carolina, dying on Thursday, Aug. 21, 1701, there was no meeting of the Proprietors till Jan. 10, 1702, when at their Board the Hon. John Granville, Esq., being the eldest in years of the Lords Proprietors, succeeded the said Earl, his father, and was admitted the fifth Palatine of Carolina. Present: Hon. John Granville, Palatine, George Lord Carteret, Maurice Ashley, Sir John Colleton, Bart. James Griffiths was appointed Secretary to the Board. [This is the first entry after Dec. 20, 1699. Ed.] [C.O. 5, 289. p. 82.]