America and West Indies: November 1702, 21-25

Pages 738-745

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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November 1702

Nov. 21.
1180. Minutes of Council of the Massachusetts Bay. Proclamation ordered for a General Thanksgiving throughout this Province upon Thursday, Dec. 10, for the preservation of the sacred person of Her Most Excellent Majesty Queen Anne; for continuing the happy Union between H.M. her allies and confederates and prospering her arms the year past; for Her Majesty's most gracious settlement of this Province under Her Royal Protection and the present administration of the Government etc. [C.O. 5, 789. p. 470.]
Nov. 23.
Fort William,
St. John's,
1181. Capt. Richards to the Council of Trade and Plantations. In the particulars of the Company I am much to seek in what was before my time, and in general cannot understand the accounts, in respect to which my letter [? Nov. 30] was in the hurry occasioned by the short stay of the convoy, and the great dependence we have of them while they stay. Upon their departure I found one of my soldiers of the 11 that deserted on board H.M.S. Mountague, and believe that the rest was concealed in like manner, for I am almost assured that they are not arrived at Plasentia. Altho' I have already acquainted your Lordships of the causes of the companies being dissatisfied, [see Nov. 30], yet if I have omitted to inform of the good order in compliance to the forwarding the works, by the ould Company, upon the arrival of the officers that was recalled this year, I have been very omissive, only because I would not give further trouble for what is past, since 'tis the past, irregular proceedings, which began as violently as ended to discourage what was in hand, and with the help of a licentious part of the recruite that was sent us, to drive the rest into such disorder that will require a marshall discipline upon the spott, which our late Commodore had not instructions for. The eldest lieutenant that is returned upon the account of his health, has resigned his pretensions of eldest lieutenant to Mr. Lloyd and to Mr. Latham, who is posted as second. Proposes that, as the Laws of England can be but poorly distributed here, care be taken in the choice of officers to be sent hither, that they may give example, there being a long vacancy without repeal if any injuries are committed. We have neither sword nor belt in the Company, and our cartouch-boxes are in the same condition. The inhabitants, that used to have plenty of arms, though of different calibre, are in greater want than I could believe, and as we can make out 200 spare arms, if your Lordships think fit to solicite for as many cartouch-boxes for 'em, here are able hands enough to make use of 'em, when they are once penned in. Signed, M. Richards. Endorsed, Recd. Jan. 11, Read March 18, 170 2/3. Holograph. Addressed. 1¾ pp. [C.O. 194, 2. No. 85; and 195, 3. pp. 188–190.]
Nov. 23. 1182. Journal of House of Representatives of New York. Bill to enable the City of New York to supply vacancies etc. read a third time and sent up.
Amendments to the Bill for encouraging a Post-office agreed to.
Amendments to the Bill enabling the Mayor of New York etc. to raise money etc. agreed to.
The Committee on the Act declaring the illegality of the imprisonment of Col. Bayard etc. reported that they are of opinion that Capt. Nanfan, Dr. Samuel Staats, Francis Wessels, Peter Rose, Martin Clock and Jacob van Gesen ought to be incerted in the said Bill and sent for before the Committee to know what they have to object against it. The House agreed.
Resolved that H.E. be moved to add 15l. per annum to the salary of William Bradford.
Amendments to Bill for granting H.M. 2,000l. agreed to.
Nov. 24. Committee upon the Act declaring the illegality of the imprisonment of Col. Bayard etc. reported that by reason of the necessary conclusion of the Assembly in few days, and the necessity of having several persons, some of which are absent, and therefore proposed that further consideration of this matter (being of great importance) may be referred, and that this House in the mean time humbly Address H.M. on the subject. The House agreed, and ordered an Address to be drawn accordingly.
Message sent down from H.E. that he ought not to pass the Bill for encouraging a Free School otherwise than is directed by his Instructions, and recommending the Representatives to amend it accordingly. The Representatives suggested that the Council should either reject or amend it and send it down for their consideration.
Nov. 25. Bills for encouraging a Post Office; for granting 2,000l. and enabling New York to raise money etc. read the third time and sent up.
Petition of John Hutchins, praying the Grand Jury may be called before the bar of this House and examined upon the allegation of the petition, read. It is the opinion of this House that the Petitioner ought to address H.E. to commissionate and empower fit persons for the ends proposed by that Petition, relating to the Appeal.
Bill for regulating slaves read the first and second times and committed.
Bill for encouraging an English Free School sent down, amended. The House desired a conference with the Council, which was agreed to.
Bill against forging, counterfeiting and clipping of foreign coyn, which is current money in the Colony of New York, was read the first and second time and committed.
An Address to H.M. was read and agreed to.
Bill, for appointing and enabling Commissioners to take, state and examine the accounts of the Revenue of this Colony, and the necessary and contingent charge of the Government, read the first time, and amended. The amendments were agreed to.
Amendments to the Bill for regulating slaves agreed to.
Bill, to declare the illegality and frustrate the irregular proceedings, extortions and decrees of the late pretended Court of Chancery, read the first time. [C.O. 5, 1185. pp. 16–19.]
[Nov. 24.] 1183. Reply of Gabriel Thomas to Wm. Penn's Answer. Penn avers he owes him no wages; nor was he ever taken into his service. But Penn wrote from Bristol 15th 8 mo. 98, that he hopes Thomas will not go before he get to London; it was of moment that he wanted to discourse Thomas and particularly as to Penn's Quit-Rents. However would not be Thomas's Detriment. This caused Thomas to stay, and was then employed by Penn to go with him to —— Vincent about lands that his father had purchased of Penn, and that Vincent might be encouraged, Penn sent Thomas for the book Thomas had written called the History of Pennsylvania to shew Vincent. Penn employed Thomas to find out Richard Noble, of whom Penn had purchased lands in Pennsylvania. Thomas brought him to Penn, who by that means had a confirmation of his title to the lands, which were worth 200l. to him, and which he had lost had not Thomas found Noble. It took him a month's time, and he waited 8 months more to know what the matter of moment was, all upon his own costs and charges. Penn employed him to carry letters to Secretary Vernon and another person, and as yet hath not paid for the very least piece of service.
Penn answers further that he dos not without [sic] any land from Thomas, or countenance any that do. Thomas replies that Edward Bellamy having a Plantation in Pennsylvania of about 3,000 acres did employ Thomas to sell the same, as by two Instruments under hand and seal may appear, that because no purchaser could then be had, Bellamy sold it to Thomas, as by a receipt of part of the consideration money may appear. By a note under Penn's hand 7th 1st mo. 1701, he owns that he had received a letter from Bellamy that he, Bellamy, would give Thomas a secure title and quiet possession upon payment of the remainder of the money for the land he had bargained for and bought of Bellamy, which communication between them proceeded from a promise Penn had made to Thomas to help him to the purchase money, and of which Thomas had acquainted Bellamy. To prove Penn's artifice as to the land and his owning that he had bought the same, his employing Thomas and threatening to ruin him, 'tis humbly entreated that Joyce Fisher's affidavit may be read. Thomas finding Penn's delay in raising the money, sent a letter to his brother James Thomas in Pennsylvania, acquainting him of the bargain, desiring him to furnish him with money, and that he would take possession of the lands, which he did near two years since, and hath sent over tobacco with orders to pay to Thomas 60l. for payment of Bellamy and his other occasions, as by letter may appear. Endorsed, Recd. Read Nov. 24, 1702. Copy. 3 pp. Enclosed,
1183. i. Copy of Deposition of Joyce Fisher. Sept. 29, 1702. Feb. 18, 170½ she went to Westminster to William Penn, who then promised to use his endeavours to raise money for Thomas and asked Deponent if 100l. would do, and ordered that Thomas should come to him next day, and advised that Thomas should sell 1,000 acres, and he would speak to some Freinds to by them, and that if he, Penn, had money to spare he would buy the land, it being a choice tract of land called Prime Hook, but in the close of his discourse said that Thomas had forfeited his bargain by not paying the remainder of the money, and tho' no time was limited, yet the Law would decide that. June 22 last Penn declared to Deponent that Thomas did appear like a thief sneaking in holes for to be an evidence against him before the Council of Trade, and that he, Penn, would clap an action of 5,000l. on him and keep him in jail during life. But if he would give under his hand that he had abused Penn, he would raise money to pay said Thomas's debts; and that he had never employed Thomas but as a porter that he could have had for two groats a time; that he, Penn, had bought the land of Edward Bellamy, when Bellamy came to him for money for the use of Thomas, and that he gave the same sum that Thomas was to have given for the said lands. Signed, The mark of Joyce Fisher. 1¾ pp. [C.O. 5, 1262. Nos. 4, 4.i.]
Nov. 24.
1184. Council of Trade and Plantations to the Queen. Quote substance of letters lately received "from Col. Dudley, your Majesty's Governour of New England, relating to your Majesty's Colony of Rhode Island." Upon all which we humbly represent that this Colony, being of importance to the trade and navigation of England, ought to be secured by the best ways and means against the attempt of an enemy to which they lie exposed, and we do not conceive how the same can be otherwise effectually done than by the Legislative power of this Kingdom. In the meantime we humbly observe that in July, 1694, the then Attorney and Solicitor General did report in the like case to his late Majesty, that upon an extraordinary exigency happening through the default or neglect of a Proprietor, or of those appointed by him, or of their inability to protect or defend the Province under their Government and the Inhabitants thereof in times of war or imminent danger, H.M. might constitute a Governor of such Province or Colony as well for the Civil as Military part of Government, and for the protection and preservation thereof and of his subjects there; which we take to be a case not differing from the present state of your Majesty's Colony of Rhode Island; and it is therefore most humbly submitted whether it may not be for your Majesties service and the security of this Plantation, during the war, that a Governor be accordingly appointed by your Majesty, in which case we humbly represent that your Majesty's Governor of the Massachusetts Bay, being in the neighbourhood of Rhode Island, may very properly execute that Commission. Signed, Dartmouth, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior. [C.O. 5, 1290. pp. 244–248.]
Nov. 24. 1185. Order of Committee of the House of Lords, appointed to consider the Representation of the state of Trade by the Commissioners for Trade, that the said Commissioners do on Saturday next lay before their Lordships in the Prince's Lodgings near the House of Peers an abstract of some of the chief irregularities and abuses in the Colonies under Propriety and Charter Governments, and offer such remedies as they shall think most proper; likewise an account of what Customs have been paid for 3 years past for wares used in dying etc. and also then propose what farther provision they would have made by Law for better preserving the trade to Newfoundland. Signed, Mat. Johnson, Cler. Parliamentor. Endorsed, Recd. Read Nov. 25, 1702. ¾ p. [C.O. 5, 1262. No. 5; and 5, 1290. pp. 249, 250.]
1186. Memorandum of above. ¼ p. [C.O. 194, 2. No. 86.]
Nov. 24.
1187. Journal of Council of Trade and Plantations. Order of Council, Nov. 14, read and ordered to be sent to the Lt.-Gov. of Bermuda, with directions (as Nov. 30).
Ordered that a letter be prepared to Lord Cornbury to desire him to report his opinion upon the Act for vacating several grants of land in New York.
Representation upon what Col. Dudley has lately writ concerning the State of H.M. Colony of Rhode Island Signed.
Reply of Gabriel Thomas read.
Nov. 25. Order of the House of Lords, Nov. 24, read. Directions given for preparing papers necessary to a Report.
Nov. 26. Representation relating to the rules of Appeals in Barbadoes Signed.
Captain Leak attending, his answer to the Heads of Enquiries concerning Newfoundland was read. Upon several questions now proposed by the Board, he further explained divers particulars of his said answer relating to that trade and fishery, amongst other things he also observed that beer made with molosses and spruce-buds (with which that country abounds) is both cheaper and wholesomer than beer made with malt. In relation to the clothing for the soldiers sent by the last fleet, he said that the Commander, Capt. Richards, told him it consisted only of shirts and shoes; but Mr. Thurston, the Agent (here present) said that he sent also stockins and cravats. Capt. Leake said that David Cullin, a private sentinel whom he ordered to be brought to England to be tried for mutiny is now aboard the Exeter at Plymouth. Capt. Powell (arrived lately from Newfoundland) desired to be admitted, and told the Board that before he came away, the greatest part of the soldiers had deserted. He complained of some hardships put upon them by Capt. Richards (as the obliging them to constant work for 6d. per day), and their want of cloathing, which he imputed to the short provision made for the recruits he carryed along wth. him in 1701. But Mr. Thurston not agreeing with him in his report of that matter, Thurston was ordered to bring in an account of the clothing then sent, and Capt. Powel to lay before their Lordships in writing what he knows of that matter.
Several papers relating to the Report to be made to the House of Lords, were laid before the Board, and farther directions given upon them. [C.O. 391, 15. pp. 286–291; and 391, 96. Nos. 188–190.]
Nov. 24. 1188. Journal of Assembly of Barbados. Absent members fined. Resolved that there be a new choice of Agents. Adjourned for four weeks. [C.O. 31, 7. p. 1.]
Nov. 24. 1189. Minutes of Council of Barbados. Petition of Sampson Wood, complaining that John Sutton and Christopher Warren, Justices of the Peace, had refused to give him copies of their proceedings against him at the suit of Bryan Haggard, dismist.
Commission issued for holding a Court of Grand Session of Oyer and Terminer and General Gaol delivery, Dec. 8, Hon. James Colleton to be Chairman.
Letters from the Earl of Nottingham, Sept. 3 and Oct. 7, read.
Stores ordered to be issued for Clarendon and Rochester Forts.
On petition of the Commissioners for the fortifications of St. James', payment ordered of 2/5 ths of the money arising by virtue of the Act of Aug. 26, 1702.
Ordered that the Treasurer lay out 100l. for entertainment of the Court of Grand Sessions.
Nov. 25. The Board met yesterday in order to communicate some matters to the Assembly of great moment for H.M. service and the safety of this Island, and the President having ordered the Clerk to acquaint them therewith, and that he had put by all other business at that time, expecting their coming, yet nevertheless the Assembly after they had made a house, thought fit to disperse themselves abruptly, without acquainting this Board of such their intention, as they have several times done before, therefore this Board order that letters issue commanding them to meet on Tuesday next by 8 o'clock in the morning. Lt.-Col. Richard Downes took the oath of Treasurer, and Charles. Thomas of Comptroller. [C.O. 31, 6. pp. 307–309.]
Nov. 25.
St. John's.
1190. William Smirke to [? William Blathwayt]. The French have taken and plundered all the North side of Trinity Bay, upon the 9th of this instant, two families in their shallops escaping for this place, the rest taken prisoners, some few killed and wounded; as to the number of men, they could give no account. Yesterday a more perfect account came to Capt. Richards by a man who was taken prisoner in Trinity Bay, procured his enlargement by his heels, which is this, that they were only 30 French and two Indians, and that they designed for Bonavista, likewise they expect 100 Canadians to join them and thence to proceed southward. The enemies are here daily expected, a good guard is kept by the inhabitants, but if they once appear, I may say Dom. libera nos. Signed, William Smirke. Endorsed, Communicated to the Board by Mr. Blathwayt. Recd. Jan. 27, 1702/3. ½ p. [C.O. 194, 2. No. 83; and 195, 3. p. 144.]
Nov. 25.
at the Keys
before Port
Royal Harbour
at Jamaica.
1191. Rear Admiral Whetstone to the Principal Secretaries of State. On the 4th of this month Admiral Benbow died, and by all judged to be by the wound of his legg, which he received in battle with Mons. Ducass, it never being set to perfection, which malady being aggravated by the discontent of his mind, threw him into a sort of melancholy, wch. ended his life. All things relating to H.M. service that I can get notice of, have secured; he left no directions in any matters with anybody before his death. I am now fitting the ships with what expedition I can to cruise off of Hispaniola or else where we can annoy the enemy most. I hope God will give us success that my next may give some satisfactory account; no endeavours shall be wanting. I shall leave seven ships of war, a fireship and a sloop, a guard about this Island. Here are several Prizes brought in by some of the ships that was out with Adml. Benbow when I was crusing off of Hispaniola, which I find are daily pilfered by one or other for want of proper officers to take care of them, and make sale of what they can. I have, therefore, to prevent frauds or embezlements for the future commissionated two persons as sub-prize officers to officiate in that affair, and to give account as well to the Commissioners of the Prizes at home as myself here or the Commander in Chief. The ships here will most of them require a reliefe in a little time, as will also the men, who though not so many sick at a time as at first coming over, yet continue dying, and having no recruits makes our ships' companys very thin, and the privateers which are commissionated by the Government here do endeavour, and have slockster'd away several of our men, notwithstanding we use all the care we can to prevent it. The fears of the Government here are very great because the French upon Hispaniola have had considerable numbers of men brought to them which were taken prisoners at St. Christopher's, and the privateers from hence have drained the Island of aboundance of men, which makes them unwilling to hear of my sailing far from this place. On the 17th I had the honour to receive the two Orders sent by the Charles galley to Admiral Benbow from H.R.H. and your Lordships' Letters of June 1 and 13. That of the first, relating to service at Newfoundland, I perceive by that of the 13th is otherwise ordered, and as to the 13th, it was Admiral Benbow's great unhappiness to meet Mounsr. Ducass upon the coast of Carthagena; since that, we have certain intelligence of the Duke of Albequirk's arrival at La Vera Cruis, the beginning of Oct. last, also of five ships' arrival at the Havanna, and likewise that Ducass is gone from Carthagena to that place. I will use my utmost endeavours to annoy the enemy, and when the additional forces H.R.H. is pleased to order hither arrive, doubt not but we may perform some considerable service. At present there is no ship arrived but the Norwich and York, with the victuallers which came here Sept. 20 last. Signed, Will. Whetstone. Endorsed, R. Feb. 6, 1702/3. Addressed. Sealed. 2½ pp. Enclosed,
1191. i. (a) List of ships going to sea on a cruize. Jamaica, Nov. 25, 1702. Canterbury, Bredah, Defiance, Gloucester, Dunkirk, York, Kingston, Windsor, Greenwich, Ruby; Strombolo and Hermon, fireships; Carcass and Serpent, bomb.
(b) List of ships left for a guard to the Island. Norwich, Falmouth, Bristol, Colchester, Pendennis, Experiment, Sea-horse; Earle galley, fireship; St. Antonio, sloop. 1 p. [C.O. 137, 45. Nos. 27, 27. i.]
Nov. 25. 1192. Duplicate of above letter. Endorsed, R. Apr. 19, 1703. [C.O. 137, 45. No. 28.]