America and West Indies: September 1702, 7-10

Pages 581-588

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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September 1702

Sept. 7.
940. William Popple, jr., to William Vaughan. The Council of Trade and Plantations send you a copy of complaints against the Government of New Hampshire, received from Mr. Usher, and desire your answer thereunto as soon as conveniently may be. [C.O. 5, 910. p. 252.]
Sept. 7.
941. W. Popple, jr., to Mr. Powis. The Council of Trade and Plantations having made enquiry for the Book of Rates, as directed by the Lord High Treasurer, find it is out of print, and were it to be got, has not all the Acts in it. They therefore desire that 100 each of the Acts referred to be re-printed and sent to this Office, it being highly necessary for H.M. service that they be sent from time to time to the Plantations. [C.O. 324, 8. p. 182.]
Sept. 7.
942. Commission for John Yeomans to be Lt. Gov. of Antegoa. Countersigned, C. Hedges. 1 p. [C.O. 7, 1. No. 1.]
Sept. 7.
At the House
of Capt.
943. Minutes of Council of Bermuda. This Board, taking into consideration the present conjuncture of affairs, and not having received any particular instructions from H.M. in their respective stations to act in H.M. Courts, and the time of six months from His Majesty's decease being now expired, according to the Act of Parliament in that behalf, they think it not convenient at present to hear or determine any cause now depending in the Court of Chancery until further orders from H.M.
A message was sent by the Board to George Larkin to desire his company, who accordingly was pleased to come, and took his place at the Board. Then H.E. moved for his advice in regulating and ordering the Court of Admiralty for trying of pirates. Mr. Larkin desired the day might be appointed to be on this day come three weeks. H.E. desired it might be sooner, so Mr. Larkin concluded on this day fortnight.
On this day was called John Rawlins, Marshall of these Islands, upon some information of several reflecting words spoken by Dr. Josias Starr against H.E. the Governor and Council; and being examined upon oath, deposed that last Council Day, Aug. 1, he heard Starr declare, as he was coming from the Council Board, that they were a pack of villains, and swore God d—n him, there was no justice done to Jones (who had a cause then tried). On the same evening Starr being on the Town Bridge in St. George's, deponent told him of his unworthy speeches towards the Governor and Council, to which he replied, No, the Governor is an honest Gentleman, but as for the others, they were a pack of villains, particularly Penniston, Walker and Spofferth, who were perjured villains as much as Ned Jones, and he would prove it and swear it and go to England and maintain it. He said that the Council were slaves and the sons of slaves, and their fathers were gaol-birds and Newgate birds, and were sent over here and sold for slaves. Which several words and such-like, Starr repeated next day on the same Bridge. This deposition was sworn to when Dr. Starr was present. Capt. Daniel Johnson gave oath that he heard Dr. Starr use the above language on leaving the Council, Aug. 18. [C.O. 40, 2. pp. 49, 50.]
Sept. 8.
944. Council of Trade and Plantations to Governor Codrington. Since our letter of March 24, we have received yours of April 3, 23, and May 10, 14 and June 4. We are too sensible of the irregularities in the Courts of Justice mentioned in the first of those letters, and do not doubt of your care to reform them in the best manner, and with all the speed you can. In the meantime we expect the best account you can give of the methods of proceedings in those Courts, according to what was directed by the Order of Council. As to an Attorney General, which you think so necessary for H.M. service there, we desire you to inform us what encouragement there is for sending such a one thither, whether any salary be settled for that place, or what may be expected to be raised, upon which we shall propose what may be most proper to the service. No judgment having past in the House of Commons upon the complaints of Mr. Mead and Mr. Freeman, you ought not to be alarm'd upon that subject. We will not doubt but that in your answer, required by Order of Council, you will be able to justify yourself in those matters. You may remain assured that in whatever comes before us relating to you, we shall always be ready to do you justice, and to vindicate your proceedings, so far as you shall enable us, by conforming to the Rules of Government. However, upon that occasion, we cannot but repeat the advice we have already given you, not to sit or appear in any of the Inferior Courts, nor much less to speak or interpose in the business that comes before them: for we cannot but think it irregular and lyable to ill constructions. We are sorry for Col. Elrington's death; but without reflection on his memory, we must observe, that it was the duty of his place to have made use of the power of Government committed to him in punishing any insolence or misdemeanor against himself or others in a legal and judicial manner, and not personally to have made use of his cane or other weapon. For Governours are to be respected as acting by the Queen's authority, and are to enforce that respect only by a due execution of the Laws, by which they are sufficiently armed, as well in their publick as private capacities. They ought not therefore to vindicate the personal affronts put upon them by such acts of violence as are too frequently practised by others. As to your desire of leave to come to England for six months, or wholly to quit your Government, we have not thought fit to move the Queen in it, in the present conjuncture, when there is so great occasion of your courage and conduct in the defence of those Islands committed to your charge. And as you have not named to us any person to supply your place during your absence, we cannot on our part think of any so proper to serve H.M., and with whom that Government may be so fitly trusted. We therefore exhort you to continue rather to exert that vigour, which you have frequently exprest, in the occasions that may offer for H.M. service, and as we do not doubt but it will tend greatly to your honour, so we hope it will do likewise to your interest. As to Mr. Carpenter, we have told you already that the place of Secretary was granted to him without our having the least knowledge of it, till after the thing was done. But upon what we have laid before the Earl of Nottingham from your letters, we now understand that Mr. Carpenter is discontinued upon the renewal of Commissions to the Patent Officers in the Plantations, and that Mr. Larkin will succeed him. You are mistaken in your conjectures about the ground of enquiry relating to Courts of Admiralty. The copy of the Order of Council which we sent you upon that subject might shew you that the directions were general to the Governors of all the Plantations, and had no more particular relation to the Leeward Islands than to other Governments; and therefore neither did it require any more than a direct answer without further vindication of your conduct, which was not questioned. We have sent the account of your proceedings in proclaiming the Queen to a Secretary of State, that it might be published as should be thought fit, which was accordingly done. We desire you to take care that the powder duty in all the Islands under your Government be exactly levied in specie, and not sold or converted to other uses then those of the publick, in which manner we hope it may be sufficient, and leave room for employing a large part of the 4½ per cent. towards such other stores of war as may be necessary. H.M. having been pleased to renew your Commission, it has accordingly been dispatched by us, some time since, as also your Instructions, both which Mr. Cary has taken out, and we doubt not but he will take care to send them to you. And upon enquiry of Mr. Cary and Mr. Hutcheson into the state of the several Councils, we find some alterations or additions have been made by you, whereof we have received no account from you. Neither have you sent us any list of persons fit to supply vacancies in the several Councils. Both of which, therefore, we desire you would transmit to us by the first opportunity, and hereafter to be punctual in observing those and all other directions given you by your Instructions, which are to be the standing Rule of your Conduct. We enclose an Order of Council confirming three private Acts of 1701, and also a duplicate of the deed executed by Mr. Cary, that you may act according to the directions in the said Order. Signed, Dartmouth, Ph. Meadows, John Pollexfen, Mat. Prior. P.S.—Since the writing of the above letter, we have recd. yours of June 28, and are very sorry for your illness, especially in this conjuncture wherein your health is so necessary for H.M. service and the defence of the Islands under your Government. We hope this will find you perfectly recovered. We suppose that what we have writ in the foregoing letter will satisfye you that on all occasions we shall be ready to do justice to your Reputation. [C.O. 153, 8. pp. 66–73.]
Sept. 8.
945. Journal of Council of Trade and Plantations. Letter to Gov. Codrington signed.
Order of Council, Aug. 24, relating to the defence of the Plantations, read. Ordered that letters be prepared accordingly.
Mr. Attorney General's Report upon the Acts of the Leeward Islands read. Their Lordships entered upon the consideration of the said Acts. [C.O. 391, 15. pp. 198, 199; and 391, 96. No. 148.]
Sept. 8. 946. Minutes of Council in Assembly of Barbados. Capt. John Smith, Commander of the Constant Jane, acquainted the Board that the powder he received out of the Magazine was not good nor fit for the service intended. Ordered that it be exchanged for better.
The Assembly attending, the President acquainted them that it was highly necessary that some care should be taken for the maintenance of prisoners brought in at the public charge, it being too great a charge to lye upon the captors, and would be a great discouragement to the fitting out privateers.
Letter from Lt. Gov. Beckford, Jamaica, July 27, 1702, acknowledging receipt of letters, read.
Letter to the Commissioners of the Sick and Wounded Seamen ordered, signifying the approval of the Board of Samuel Cox in providing for them as John Walters used to do.
The President and Council having just reason for exceptions at some very unsuitable and undecent expressions used to them by the Speaker of the Assembly when they attended this Board at their last meeting, desire to know whether the Assembly give any warrant or authority to their Speaker to speak extempore what he shall think fit upon such occasions, and for the future the President and Council think it more proper that what the Assembly has to offer to them at any time, either by their Speaker or upon any message sent from the Assembly to them, may be delivered in writing, according to the manner and methods of the House of Commons. The Assembly returned answer that "It is the opinion of this House that the late Speaker hath done nothing contrary to the sense of the House; and until your Honour please to give the Assembly an account of the particulars the Speaker is charged with, they do not think themselves anyway further obliged to answer such a general allegation."
The Assembly sent up proposals concerning prisoners: (i) That Major Terningham be admitted to have three of the Spanish prisoners, one of whom to be of the merchants, and the other two the meanest of the prisoners to be transported hence to Bermuda, and from thence to the Havannah for the redemption of Englishmen held prisoners there; (ii) that a letter be written to Capt. Tucker at Bermuda about the exchange of prisoners, for that some of the natives of that place are prisoners at the Havannah; (iii) that the rest of the Spanish prisoners be delivered to such of the planters as are willing to take them, employing them in labour for their provisions, victuals and cloathes until such time as they shall be ordered to be returned by the country in order to their sending them off, and that the Secretary of this Island do take receipt of all such persons as shall receive them, to be employed by the inhabitants, and that such as shall be left be maintained at the charge of the public at 10d. per day, from Thursday next; (iv) that the French prisoners be allowed 12d. per day from this day; (v) that Dr. Durosseau be appointed to look after the wounded, and have all necessaries for them provided at the public charge; (vi) that the same allowances be made for all French and Spanish prisoners brought in for the future, except those brought in by any merchant ship, and then they are to maintain them for 14 days, and afterwards such prisoners are to be maintained by the country; and that the Capt. of every prize be allowed 2s. 6d. per day for his accommodation; (vii) that the money be paid by the Treasurer from time to time; (viii) that the Speaker represent to the President and Council the inconveniences of granting Commissions to privateers at this time, for that the vessels taken up for the service of this Island and defending our coasts do want sailors, and that therefore it be moved, that no privateers be commissionated till the publique be served, and that the Commissioners be impowered to take men out of the privateers or other vessels for manning of the vessels of war employed by the country; and that such privateers as are already commissionated may not be permitted to sail till the vessels of war taken up by the said Commissioners be fully manned.
Complaint being made by Saml. Cox, a Member of this Board and one of the Commissioners of H.M. Customs here, that one Wm. Brittaine, Purser of H.M.S. Kinsaile, had most scandalously abused and reflected upon him and Charles Thomas, H.M. Receiver of Casual Revenue, and Edward Chilton, H.M. Attorney General, because that they, pursuant to their duty, had put a Custom House Officer on board a French prize brought in by the Kinsale, to take care that no embezzlement of the goods etc. should be made, until the same were legally condemned; Brittaine coming on board had sworn that if he had been there when the Custom House Officer was sent, he would have sunk them, or the best man in the Island, before they should be permitted to come on board, for that they had nothing to do there; that the Prize Office in England was laid down, and the prize was all to be delivered to the men that took her, and that he stood up for the men; ordered that he be immediately brought before the Board in custody of the Provost Marshall, to answer the said complaint.
Jacob Stevens, the Custom House Officer on board, swore to the truth of the above.
Wm. Brittaine said that he did reflect upon nobody but Mr. Cox, and still insisted upon his justification. This Board, being sensible of the ill-consequences if such practices should not be punished, and officers protected in the due execution of their offices, ordered that Brittaine be committed into the custody of the Provost Marshall until he enter into security before a J.P. himself in 200l. and with two securities in 100l. each, for his appearance to answer the same at the next Court of Grand Sessions and in the meantime to be of the peace and good behaviour, and H.M. Attorney General is hereby ordered to prosecute him.
Ordered that the Attorney and Solicitor General report their opinion to this Board, whether they have power to suspend Brittaine from his office for the said misdemeanour.
Capt. John Smith, of the Constant Jane, taken up for the country's service, having some complaints made of him by men that he pressed for her, by beating and other ill-treatment of them, being called in, expressed some indifference whether he held the said Commission, or not, and not giving any satisfaction why he so used them, it was ordered that his commission be taken from him, and that some other fit person be employed in his room.
Wm. Heysham granted 75l., the value of three negroes executed for breaking into his house and stealing from him upwards of 400l.
Sept. 9. On the petition of Christopher Bull, and Lydia, his wife, and Mary Cooper, administrators of Mary Cooper decd., 50l. ordered to be paid in completion of former order, Feb. 1, 1698.
Richard Porter, Wm. Bizill, John Robinson and Elizabeth Porter, widow of John Porter, paid 15l. each for one year's salary, as matrosses to Denmark Fort and the Batterys to windward of Speights, ending March 2, 1698–9; and to Thomas Snooke, senr., and Thomas Snooke, jr., matrosses of two batterys at Six Men's Bay, for year ending March 2, 1697.
25l. paid to Robert Waite for a negro executed for killing another, Sept. 8, 1701.
Drawbacks on Madera and Rhenish wines turned sour allowed to William Leake, merchant, Jane Coilley, widow of Edward Coilly, and Peter Fleurian.
12l. 10s. paid to Robert Johnstowne for half the value of a negro executed Aug. 2, 1701.
Petition of Capt. Charles Thomas for payment for maintenance of 80 men for between 5 and 6 weeks, which he had procured for the brigantine Madera taken up for the service of this Island, referred to Assembly.
25l. paid to Mary Seaward, executrix of Malachi Seaward, for a negro executed for murthering another.
113l. paid to Charles Thomas for the hire of his sloop.
50l. paid to Edward Arnell for the use of his house for the sittings of Assembly, 1701, 1702.
The Council agreed to Proposals made by the Assembly about prisoners (Sept. 8, above); but did not consent to the first part of No. iii, it being contrary to custom for prisoners of war to be made to work, but the last part is consented to. That part of No. viii, where they desire leave to press men out of privateers, is not consented to, it being contrary to the Act for encouraging privateers, but agreed that none of the privateers be permitted to sail before the vessels of war taken up by the Commissioners be fully manned.
The Assembly desired a Conference, and therein moved that the Commission granted to privateers might be called in, as an expedient for procuring men to supply the vessels taken up for the service of the country. The Board considered it would be too great a discouragement to privateers, and of very ill consequence to this Island; but it is resolved that such privateers as are now in the Roads of this Island shall not have liberty to sail until the vessels of war in the country's service be fully manned.
Sept. 10. Bill for purchasing a vessel of war and maintenance of prisoners read three times and passed.
Message sent in reply to Assembly's answer about the Speaker (Sept. 8):—The President and this Board conceive the answer to be evasive, for the question was not whether Mr. Speaker had used any indecent expressions, but asserted as matter of fact, of the truth of which we did not doubt the apprehensions of the House so much as to suppose you to be insensible, but looked upon it to be an inadvertency of the Speaker, through indeliberation of the Speaker, which we were not willing at all to aggravate, nor to expostulate with the Assembly, but to prevent all indecencies for the future, and all mistakes and differencyes that may happen by the suddenness of expression or the multitude of propositions not committed to writing. We desire to know whether the Assembly gave any warrant or authority to Mr. Speaker to speak extempore what he thought fit upon such occasions, and withal acquainted you that this Board thought it proper, that what the Assembly shall have to offer at any time, either by their Speaker, or any Message sent from the Assembly, might for the future be delivered in writing etc. which question and proposition are not so much involved in generals as to be incapable of particular answers; and we conceive that we are both obliged to comply with all proper methods that conduce to the expediting of the publique business, and to preserve a good understanding in the Government. [C.O. 31, 6. pp. 264–275.]
Sept. 8. 947. Journal of Assembly of Barbados. Col. Richard Downes was chosen Speaker pro tempore. See preceding abstract.
Resolved, that leave be given to any Member of the House to bring in a Bill for raising Money, and that the like liberty be given to any other person to bring in a Bill.
Sept. 9. The House being called over the absent members were fined.
Resolved that if the Speaker acquaint the President and Council that the Brigat. Larke be set out in the country's service, that the security bond entered into by Major Jno. Trimingham, not to carry anybody off this Island without a ticket, may be vacated.
Act for purchasing vessel of war read and passed.
And see preceding abstract under date. [C.O. 31, 6. pp. 486, 487.]
Sept. 8.
948. Minutes of Council in Assembly of New Hampshire. There not being a full Council, adjourned till to-morrow.
Vote relating to 200l. to be taken out of 250l. for the Agent etc. approved of.
Ordered that from and after 17th inst. it shall be in the power of all private sentinels of all watches, and in all garrisons within this Province after such watches shall be set, to command all persons whatsoever, that shall approach them, to stand three several times, and if such persons shall refuse, then the said sentinels and watches may fire upon them.
Petition of James Phillips read and referred.
The Assembly attending, the Lt. Gov. (Wm. Partridge) dissolved them. [C.O. 5, 789. pp. 320–324.]
Sept. 9.
9th. 7ber
949. William Penn to the Council of Trade and Plantations. I have perused Gabriel Thomas's petitions, and doe averr I owe him no wages, nor was he ever taken by me into my service, nor do I withhould any land from him, or countenance any that do, but must think myself greatly abused by the clamorous tongue of this man, tho' it can, I know, last no longer than till he is known. Your assured and respectfull Friend, Signed, Wm. Penn. Endorsed, Recd. Read Sept. 10, 1702. Holograph. 1½ pp. [C.O. 5, 1261. No. 154.]
Sept. 9. 950. William Popple, jr., to Wm. Penn. I have received your answer to the complaints of Gabriel Thomas, which shall be laid before the Board to-morrow. I enclose, as directed yesterday, copies of my Father's letters to you May 19, June 23. [C.O. 5, 1290. p. 214.]
Sept. 10.
951. Journal of Council of Trade and Plantations. Letter from Governor Codrington, June 28, read. Postscript added to letter signed last meeting.
Letter from Mr. Penn in answer to the complaints of Gabriel Thomas read. Ordered that a copy be sent to Thomas, and that he be directed to make proof [of] the allegations in his petitions.
Orders of Council [Aug.] 23, relating to the Acts of the Leeward Islands, read.
Orders of Council [Aug.] 14, constituting Councillors of Virginia etc. read.
Order of Council [Aug.] 23, constituting a Councillor of Jamaica, read.