America and West Indies: February 1702, 16-20

Pages 79-98

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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February 1702

Feb. 16.
117. Council of Trade and Plantations to the House of Lords. Reply to Order of the House, similar to that given to the House of Commons, Feb. 5. Signed, Stamford, Lexington, Ph. Meadows, Wm. Blathwayt, Jon. Pollexfen, Mat. Prior. [C.O. 389, 14. pp. 299386; and 389, 37. pp. 310415.]
Feb. 16. 118. Journal of Council of Trade and Plantations. A memorial signed by Mr. Cater in the name of Mr. Bate and Mr. Prisick, desiring copies of the Article relating to Appeals in the Instructions of all Governors of Barbadoes since that Island has been governed by virtue of Commissions from the Crown of England; and desiring likewise the inspection of the Instructions to the Governors of all H.M. other Plantations upon that subject, being offered to the Board, and read, the said paper was returned to Mr. Cater, and he was told that their Lordships do not conceive it proper for them to give copies of or communicate the Instructions given by H.M. to his Governors without his particular directions.
Answer to the Order of the House of Lords, Feb. 5, signed, and the Earl of Stamford was desired by the Board to present it to that House.
Feb. 17. The Earl of Stamford acquainted the Board that he had done so.
Letter from Mr. Sansom, Feb. 12, read.
Letter from Mr. Burchett, Feb. 11, read. Their Lordships resolved to take into their consideration to-morrow morning the business relating to Newfoundland. Mr. Thurston to attend.
Letter from the Lords Proprietors of the Bahama Islands, Feb. 6, read.
Draught of a report ordered some while since to be prepared upon the Carolina Act relating to the Admiralty being laid before the Board, their Lordships thought fit in the first place to acquaint the Lords Proprietors with the matter. Letter ordered accordingly. Mr. Cole presented a Memorial to the Board (Feb. 17) relating to duties laid in Carolina upon ships belonging to England, and also a Memorial relating to irregularities in the Bahama Islands; of both which matters he promised to make affidavits, and to get other affidavits made before a Master of Chancery by other persons, and to lay them before their Lordships.
Feb. 18. Letter from the Earl of Manchester (Feb. 17) read, and an answer returned thereunto. [C.O. 391, 14. pp. 330335; and 391, 96. Nos. 2931.]
Feb. 16.
At the House
of Col.
Matthew Page,
in Gloucester
119. Minutes of Council of Virginia. H.E. laid before the Council the Letter of the Council of Trade and Plantations, Aug. 14, 1701, with the Order of the Lords Justices, July 31, 1701, which were read and referred to a further Council. Letters of the Council of Trade, Aug. 20, and Mr. Popple's letter, relating to Mr. Lewis Burwell, read. Ordered that copies be sent to him; and that he return an answer at the next meeting, whether H.M. Order constituting him of the Council here be yet come to his hand.
Ordered that a full Council be held at H.M. Royal College of William and Mary on March 11.
Whereas by several late advices from England it appears that the French King hath, contrary to his faith and in open violation of the Treatys made with H.M. King William, presumed to proclaim the pretended Prince of Wales King of England, etc., and that thereupon a general war will in all probability ensue wherein H.M. our dread Sovereign, his Kingdoms and Dominions are likely to be deeply engaged, H.E. and the Council have thought fit to appoint Wedn., March 11 next, to be kept and observed by H.E., the Council, the Trustees, Governors, President, Masters and Scholars of H.M. Royal College of William and Mary as a day of fasting and humiliation; and that divine service be then read, and a sermon suitable to the occasion preached before them within the said College. March 18 to be observed as a day of fasting and humiliation by all other the inhabitants of this Colony. Proclamation ordered accordingly. Proclamation for proroguing the General Assembly to March 25 signed.
Leave granted to Capt. James Moodie, Commander of H.M.S. Southampton, to careen her when and where he thinks fit. Warrant ordered, to enable him to impress carpenters required, not belonging to merchants' ships.
H.E. undertook to advance Capt. Moodie the 50l. he required for buying sails for the sloop.
Capt. Moodie complaining that two of his men were harboured and detained on shore, and particularly one of them, Wm. Horsfeild, above this three months by Alex. McDaniel and Edwd. Cawlip of York County, as appeared by Horsfield's deposition, ordered that Mr. Benjamin Harrison prosecute McDaniel and Cawlip. Samuel Selden by his petition complaining of several dilatory and illegal proceedings of the justices of Elizabeth City County in a suit depending in that Court between him and Robert Beverley, ordered that a copy of the petition be sent to those Justices for their answer at the next meeting of Council.
H.E. and Council taking into consideration that many very loyal and dutiful Addresses have been presented to H.M. from most of the Counties and Corporations, etc., in England, testifying their resentment of the French King's presuming to proclaim the pretended Prince of Wales King of England, etc., do conceive it proper that notice be given to all the Commanders in Chief and other officers of the Militia, and to the Justices of the Peace of the several Counties, that the like Addresses from them would be very agreeable to demonstrate their Loyalty and Affection to H.M. person upon this occasion.
There being no person constituted Clerk of the Council, William Robertson was appointed to take the Minutes of this meeting. [C.O. 5, 1409. pp. 193195.]
[Feb. 17.] 120. Mr. Cole to the Council of Trade and Plantations. On June 26, 1701, I arrived at New Providence, came just within the Point to anchor, the Governor's boat came aboard requested me ashore. I said I would waite upon him as soon as I was drest. Before I could doe it, he fired a shot at me. When I came ashore he bid me welcome, but dam'd me, and askt why I did not come sooner? I told him I had not been an hour and half at anchor. He tould me I should pay eighteen shillings for the shot. I said it was not just. He churlishly asked for all my letters, and charged me upon my oath to deliver them every one to him. I said it was more than ever was demanded of me under any Government. He said he would have them. I tould him as for the public letters he might do what he pleased with them, but private and particular letters of my own business I should not deliver. The Public letters I see him open. About two hours after, being in a public house with him, a Gentleman of the place in discourse said it was hard that every private man's particular affairs should be known by the public. I chance to say it was a barbarous act. The gentleman, Mr. Lightwood, saying it was not just, the Governor presently drew upon him, and swore Dam him, he would murder him. Mr. Lightwood clasping hold of the sword, prevented him. He still swore and dam'd that he would murder somebody or other, if they should contradict him in any such thing, for he would do what he pleased. About four in the afternoon he met Mr. Graves, the King's Collector, in the street, and asalted him after this manner, "You pittiful Custom-house officer, you Rogue, if ever you goe aboard of any vessel before my boat has been aboard, I'll rost you alive, you dog." Mr. Graves answered his Commission ordered him to go aboard of all vessels within that government when he thought it necessary, therefore he was oblidged to do it. "God damme you, you rogue," replied the Governor, "I'le go aboard yea [? you]" and so flew upon him and beat him with his cain most sorely. Mr. Graves endeavoured to defend off the blows with his hatt; he with one hand took hold on his hatt, and with the other beat him over the head with the head of his caine, and then committed him to the Fort prisoner, and ordered irons to be put upon him (as the Marshall told me), but could not find any that would fit him. The Governor gave him liberty to come out of prison this evening. Saturday the 28th, I went to Mr. Graves to enter, but he was so abused that he could not wright my permit. I did it, as he dictated, then he (with much paine) signed it.
Sunday, 29th, appeared two saile, which give an allarum, being all at arms in the Fort. Some said it was a read seaman (sic). The Governor answered, "I wish it may, he shall be very welcome," but it proved a Portuguese, belonging to the Agento [? Assiento], who left her negros on Abbico, having been lost in the Gulf, and in great want of provisions. He would not let any go aboard but his creatures, that he might ingross all the Trade to himself. I had several European goods with provisions of Carolina, which he wanted. The Governor would have bought the provision of me, but at half the price. I would not sell it him, for which, I was informed, he swore he would be revenged of me. Soon after the arrival of the Portugues he endeavoured to hire a sloop to fetch his negroes. The Governor would not lett any body agree with him but whom he pleased. At last he agreed with Reed Elding, who was forced to promise the Governor to give one third of what he should agree for, which was 200 pistolls. They went for them and in three days return'd back again. In this time several arbitrary actions was committed on the poor people who brought fresh provisions to sell to the Portuguese, it being by the Governor's house where they came ashore, he seeing them, took it away and paid what he pleased. If they went away seeming not contented, he would swear and dam them, he would cut their ears off.
Aug. 3. Was brought in by a privateer, or if more justly may be called a pirat, and the Governor, whose Commission was to bring in all vessels that they should find amongst Lucaos Islands, except those that had cleirings from England. A Bermudion's sloop laying amongst them mending her sails, they takes him by force of arms, he nothing in but provisions for his company, and brings him here to condemn him as a prize, puts two of the men prisoners in the Fort with irons, but before that brings them before him, and as his accustomed way is, Hectors, swears and dams them, and sometimes ready to strike, calling them thiefs, rogues and doggs, with threats that he will put them to their oaths against their master and Goddam them if he catches them in the least tittle not agree, he would cut their ears off, whipp them and hang them (as the prisoners themselves informed me). A lad of about 18 years old, being thus affrighted, did owne that about two years agoe the sloop took in about 800 bushels of salt at Turks Islands, which is not in the jurisdiction of this government. On Aug. 4 the sloop was to be tried, the jury was summoned, but no declaration fil'd, the defendant could not know what he was accused for, but the declaration was read in Court, and the sloop accused for loading salt at Turks Islands. The Master could get nobody to plead his cause, the people generally are so afraid of the Governor, he espousing the prosecution, so that they durst not speak or doe justice in noe terms, if he dictated the contrary, he ruling these poor people by such an arbitrary power. The Court was adjourned till the 7th. On the 5th, I went to the Governor's man, the Naval officer, to know my Port Charges, thinking to sail this day. He told me it was 3l. 6s. 0d. and 70lb. of powder, or 3s. per tun, which would be 10l. 10s. 0d. I said it was very unjust, the Law and Custom of the place was 14s., Naval Officer fees, and lb. of powder per tun. He said it was in vain for me to dispute it, for the Governor swore I should pay it. I answered it must be in such arbitrary government as this, otherwise they would not exact it.
At ten in the morning the Governor went aboard his ship and hoisted his flag, and bore his shipp athwart the Harbour. I coud not find anybody had given him a challenge, therefore know not the meaning of it. But soon after he fired a shot up the Harbour, then two more at my ship, and, as I was told, he said of me that I was a prodigal dogg, sink him, but I'le beare you out in it. At length I was tould it was to put out my coullers, but my men being gone about five miles off, and I ashore, had nobody to put them out. I presently ordered a boy aboard to doe it, but before he could, the Governor sent his boat with six men, and by force and violence took them away. The people told me of it. I answered, it was a drunking frolick, and to-morrow they would send them again. The Governor came ashore. I did not go to ask for them, lest his being hot in drink should quarrell with me. He finding I did not come, send his man for me at 3 in the afternoon, and churlishly asked why I would not pay my Naval Officer's fees. I answered, I was ready to pay what the Law required, his demands were unreasonable. He said if he had been there, he would have broke my head for saying [soe] if I must pay it, it must be by arbitrary power. I said, I did not say it to him, but to his man, the pretended Naval Officer. He swore, dam me, I should pay him presently before I went. I answered, I had not so much money about me, but if his Honor pleased I would leave my coat in pawn, before I would be prisoner myselfe, till I fetched it. He dam'd and curst me, and askt why I did not pay my powder. I said I was ready to pay what the Law of the Country required, which was lb. per tun. He swore I should pay a pound, for no Laws in that country was in force till he made them; then I was not obliged to pay anything but what was customary. He swore I should pay what he pleased. I told him I was ready to pay what he required, let his man, the officer, give me a receipt, that I might answer it to my owners. His reply was, No, dam you for a dog, he shan't. Then I said, Let me but bring two of my men to justify what I pay. I won't differ with your Honor. "No, you dogg, I won't." "Neither," said he, "you shall not goe to the Pond to load." "If your Honor had told me so at first, I had taken other measures ; when your Honor offered me my load of salt at 5d. per bushell ready money, you told me of no such thing." He swore I should not goe.
At 6 in the morning I was summoned to wait upon the Governor from his door to Church. At 8 I went to the Castle and found men at arms about thirty. They marched out the Fort and drew up before the Governor's door, all the Gentlemen of that place standing there, being summoned to wait upon him to Church. If they did not, they must expect to be beaten, if not ruined in their intrist, so that the people are miserable living under such arbitrary and military Government. After Sermon we returned to the Governor's door very orderly, where we was dismissed.
Monday the 7th, at 6 a.m. I went to the Naval Officer to cleare, who demanded 3l. 6s. 0d. for his fees. I desired the particulars. He answered, He durst not give it me, for he was but a servant of the Governor's, and was ordered the contrary. I said I would send my Mate with the money. He answered, he dare not take it of anybody but myself, nor in presence of anybody. I then waited upon the Court where I was summoned for a Juryman in trial of the sloop. The Court being set, the Governor came in, set himself by the Judge, called for the list of the jury, found my name there, ordered me to depart the Court. I said I was summoned. He bid me gone. I desired liberty to stay and hear the trial, but he would not grant me it. I was forced away. No sooner was I gone, but he swore I was an impudent dog, he would break my head before I went thence, before the whole Court, as I was informed. After the Governor had packt the Jury, he left them and on the trial the Master of the Sloop and his Attorney desired them to prove the jurisdiction of the Court of that place, Turks Islands, and by evidence, if they would permit him, he could prove the Lords' pattern (? patent) did not extend to that, but was not granted it, but a sham Instructions of the Lords Proprietors was brought into Court, wherein, as the Judge would have it, the Lords has ordered that if any vessel loaded with salt there, they should be confesticated (sic), which the jury took for granted. The Master and his Attorney speaking in defence of his right, the Judge struck his hand on the table, and swore if they speak a word more he would commit them both to prison. So condemnation put upon the vessel.
At 2 p.m. I sent my mate with 3l. 6s. to pay my Naval Officer's fees. The Governor told him it should not be received without I came myself, and at the same time called me all the rogues and villins he could imagine, and swore he wd. break my head. I was forced to send 70lb. of powder. I durst not deny it, least he should murther me, he having this day wounded a man in the arm in two places with his sword, the man with some others being on the Guard. He was at least 65 years old ; he had committed no other fault than letting the Captain of the Portegues ship goe into Reed Elding's house, being just by where they landed, this poor old man not being able to run from him as the rest of the Guard did, he wounded him as aforesaid. I carried my mate with me to desire at the Secretary's offices the Act of the Country for paying port charges, to justifie before my owners the unjusts (sic) done there, but could not get it. At 6 p.m. I see the Secretary goe to the Governor's, and as I judge told him of it. The Governor came to Towne. As soon as I see him, I made away, having foreseen his barbarous and inhuman actions. He sent his Marshall after me, who brought me back his prisoner. I forced myself into a house, seeing the Governor come with his caine to strike me. The Governor and Marshall followed me, he beate me, pulling me by the neckcloth and the Marshall by the Arm about the floor, and abusing me in a most barbarous manner, cutting my face with the head of his caine, and broak my head so that I bled very much, then committed in custody of his Marshall, sent me aboard, damming and cursing me in his most brutish way, saying I'll teach you to ask questions.
Thursday, 8th. Being very much out of order, I sent my mate ashore to cleire, I being not able to go myself, he having given me most cruel and barbarous bruises, so that my urin was like blood. I was much afraid he had given me my mortal wound by some of those barbarous kicks he gave me on the back and belly when I was hawled by him and his Marshall on the ground. When my Mate came before him he curst him and said he would break his head, and bid him be gone, and sent for me ashore by his Marshall. I was not in a capacity to come. He then sent his boat with five men and a black ruffin fellow Commander, who came after a ruffin manner to my cabbin side, and said the Governor ordered me to come ashore and bring my ship before the Fort. I thought he would serve me as he had done the Bermudian. I told him I was not in a capacity to come, I was so abused by him. He said I must, if not, they would fetch me. So with much pain I went to the Governor. He then after his brutish way, abused and curst me, and said he'd teach me how to obey command. I said, I thought I was to obey the Laws. "No, you dog, I'll make you bring your ship before the Fort, or else it shall be worse for you. So for fear of being murther'd by such a New-England-Canade-Indian, whose nature is most barbarous, I ordered my men to do it, before he should send his rogues to robb and rapin upon me. He further said I did not tell him when I took brazeletto wood aboard, and for that my ship was forfeited. I said I had a permit from the King's Collector so to do, and that I had done nothing contrary to Law. He said I had cheated in the weight, and that I should land it all and weigh it. I offered my oath with the Gentleman's that I bought it of, but he said he would take no man's oath. I left him. He once told me I was one of Mr. Aymo's creatures, that pittiful rogue. I answered I was not his creature, nor had nothing to say against him. My ship was brought down before the Fort and at 2 p.m. the Bermudion's sloop was exposed to sail. She was bought for 335l. Providence money.
Wednesday 9th at 6 a.m. went to the Governor before he was warmed with drink to get him to accept the people's oath I bought the wood of, though before that it was not customary. At last he said he would, but swore I should not go to the pond to load salt, but should hire sloops to fetch it (which was another villainous act), but said he would hire me the Bermudion's sloop, which he took from the Bermudion the day past. I thanked him, and said I would consider of it, but was resolved to have nothing to do with such an ill man, lest I should bring myself into a worse trouble, he being Judge and Jury and everything, and what his will and pleasure is must be a law. The 10th, the Gentlemen I bought the wood off gave their oaths of the weight, I also did mine, all this being out of pure malice to put me to trouble and charge, because I would not suffer my owners and self to be devoured by him. At 6 a.m. I went to the Governor to desire him to let me goe to take in my salt which I had bought, and ready to pay the Lords' Tithes. He said he would consider of it, and bid me come about 2 hours after. This delay was no other than to force me to pick myne owne pocket and give it him. He sent one of his creatures to me, who speaks that language, but I could not do it, I told him. At time appointed I went to him again. At last he granted me liberty to go on this condition, to say you shall take your oath that you shall carry no man's letter of this Island, but shall be brought to me, and that I should pay for the salt after the rate of 13 d. per bushell, which I bought for 4 d. He asked me to present him with two bever hats. I told him I had none. He answered that my Pilott had. I said I must pay him 50s. per hat. His creature, the Judge, being by, said what signified 5l., place it to account. I said my owners would not allow it me. The Governor swore, begod he would have them, or I should not goe, soe, to redeem myselfe and ship out of prison and saverly (slavery) I was obliged to comply with all his unjust demands. At 10 o'clock I sent a white beaver's hatt to him, he having a black one before. I went not neare him, for generally in the afternoon he is hott with drink, and then cares not what he does, so that the poor inhabitants are in danger of their lives, as well as strangers, if they do not give away what they have to him, and sell it him at such terms as he pleases. Sure I am there is a juster Government amongst Piratts and Thieves than under him. His Marshall is one of those rogues that belonged to that great pirate, Avery, and one of them that ran away with the Charles from Carolina. Friday at 6 a.m. I went to the Governor to see if he would let me go. I told him I brought money to pay his demands. I requested a receipt. He gave me one, but would not mention what money I paid him. He told me I might have my bever hatts again. I sent for them, but he would [? only] send me one. I gott my cleirings, and bid him and Providence farewell as long as he governs. No signature. Endorsed, Recd. Read Feb. 17. 170. 7 pp. [C.O. 5, 1261. No. 46 ; and 5, 1289. pp. 362380.]
Feb. 17. 121. Earl of Manchester to the Council of Trade and Plantations. The enclosed heads of a Bill for reuniting to the Crown several Proprietory Governments in America, and particularly Pennsylvania, being put into my hands that I might lay them before the King, I thought it was fit to take your Lordships' advice and opinion in the matter, and therefore desire you will please to consider them, and let me know what objections you have to any of them, whether they will suite all the proprietory Governments, as well as Pensilvania, and whether they will answer the ends of your late Representation, and that you will send me your thoughts upon them in writing as soon as conveniently may be, that I may lay both before H.M. at the same time. Signed, Manchester. Endorsed, Recd. Read Feb. 18, 170. 2 pp. Enclosed,
121. i. Heads for a Bill for reuniting to the Crown several Colonies under Proprietary Governments, particularly that of Pensilvania. (1) That the Military Government by land and sea be reunited to the Crown. (2) That the person the King deputes his Commander in Chief may have the superintendency of the officers of his Customs and Admiralty for the security of his Revenue. (3) That the Civil authority and Administration rest where they are, as they do in those Corporations in England, where the King has his Governours. (4) That nevertheless the proceedings in case of Justice shall be in the King's name. (5) That Appeals ly to the King in all causes above the value of 300l. sterl., which hath been his direction to other Colonies. (6) That a King has a Negative to any Law that shall be made in the Province, whereby the King in effect hath the Legislature and Jurisdiction vested in him. 1 p. [C.O. 5, 1261. Nos. 47, 47.1.; and 5, 1289. pp. 381, 382.]
Feb. 17. 122. Michael Cole to the Council of Trade and Plantations. Having for this eight years past ben imployed in trading to Carolina for London, where is my habitation, I have in that time got a decent livelihood, but the people of that Province since the last Peace having noe imploy for their vessels in the South partes of America, have lately taken upon them to send them home for England, with skins and furrs, etc. But finding the ships belonging to England which uses that trade has occasioned their ships not to have a freight so ready as they would, they have therefore taken upon them to make an Act that all skins or furrs exported from that Province in any vessel not belonging to that place shall pay for every such skin or fur 1 d., and on their owne vessels but d. I endeavoured to get a copy of that Act, but could not. The difference is about 3l. per tun, or half of the freight. So that the ships belonging to England must lay there till the wormes shall eat their bottoms out. Prays that such unjust Laws may be made void. Signed, Mich. Cole, Master of the Friends' Adventer. Endorsed, Recd. Read Feb. 17, 170. 1 p. [C.O. 5, 1261. No. 48 ; and 5, 1289. pp. 359, 360.]
Feb. 17. 123. Journal of Assembly of Barbados. House met by virtue of a special summons. There being but 13 members present, adjourned for three weeks. [C.O. 31, 6. p. 449.]
Feb. 17. 124. Minutes of Council of Barbados. Ordered that Capt. Gilbert with his sloop, lately returned from the French Islands, forthwith go down again towards Martinico and the rest of the French Islands, to procure what further intelligence he can, and that an order be sent to Capt. Goodwin, gunner of Needham Fort, to suffer the said sloop to sail.
Ordered that no vessel whatsoever be suffered to sail out of this Road until we have further intelligence of the French forces at Martinique, and that the officers give out noe dispatches for any vessels till further orders.
Ordered that Col. Kirkby be desired to stay some further time till the sloop, this day sent to the Leeward Islands for intelligence, return, it being for H.M. service and safety of this Island, and that this Board might be the better furnisht with advice to give an account thereof to Admiral Benbo.
Ordered that the thanks of this Board be given to Jona. Sisson for his readyness and good service done H.M and this Island by the late trip he made in Capt. Gilbert's sloop. The consideration of his charges therein recommended to the Assembly.
Ordered that an Order be drawn impowering Col. Peers, the Keeper of the Stores at the Magazine, to impress any gun-smiths for repairing arms that need it.
60 musquetts and ammunition ordered to be delivered to the Hon. Col. David Ramsay for the poor men in his Regiment who are not able to furnish themselves.
Stores of war ordered to be delivered to Col. Abell Alleyne for the Hole Fort, etc.
Ordered that Capt. George Maughan, H.M.S. Kingsale, get ready his ship with all possible expedition to cruize about this Island, and to return on Monday next unless he discover any fleet before, then he is to make the best of his way in to give an account thereof, and give the signal by constant firing a single gun as he comes along-shore.
Ordered that the Commissioners of the Fortifications be required forthwith to buy up timber and press Carpenters for the repairing of the carriages of the guns in the several fortifications.
Ordered that letters be sent to the absent Members of this Board, and to the General Assembly to meet on Tuesday next, to consider of the disposal of the arms, etc.
Ordered that the several Colonels make a return upon Tuesday next of all persons that were deficient upon the late alarm. [C.O. 31, 6. pp. 158162.]
Feb. 17.
At the
Ferry House.
125. Minutes of Council of Bermuda. This Board taking into consideration the daily expectation of the breaking out of a warr in the West Indies, and there being a great reason to hope that H.M. will send vessels as cruisers about these Islands, and that other H.M. ships of war may be at this juncture occasioned to touch at these Islands for relief and accommodation, and taking notice that the provisions in these Islands as live beef, turkeys, shoats and fowls are in great quantities daily exported, whereby not only H.M. ships may be greatly disappointed, but also these Islands will be rendered uncapable to support their own occasions, unanimously ordered that from the publication hereof no master of any vessel export any live cattle or creatures whatsoever, except only for their necessary use. [C.O. 40, 2. p. 45.]
Feb. 17. 126. Minutes of Council of New York. Petition of Col. Heathcote read, praying a grant and confirmation of land purchased by him of John Richbell in the County of Westminster, as also of land purchased by the said Caleb Heathcote of the Indians in the said County, and that the same land may be erected into a manor by the name of the Manor of Scharsdall. Ordered that a writ of ad quod damnum issue to the High Sherif of Westchester to inquire into the premisses. Petition of Caleb Heathcote, Joseph Theale, John Horton, Joseph Purdy, Robert Walters, Leigh Atwood, Mathew Clarkson, Lancaster Syms, Cornelius Depyster, Richard Slater, John Cholwell, Robt. Lurting and Barne Cosen, setting forth that the four first named have purchased of the Indians a tract of land in the County of Westchester bounded southerly by the Colony line of Connecticut, easterly by Mahaaras River, northerly by Bedford line and marked trees to Maharas River again, and southerly as the said River goes against the stream to the head of the said River, and so to the said Colony line, which land is conteined within a larger tract, part of which is yet unpurchased, and the Indians being unwilling to sell the same to Petitioners, and the said four petitioners having agreed with the other Petitioners with relation to the premises, and praying a patent for the first mentioned parcel of land and a lycence to purchase the remainder from the native Indians, the same was granted. The Attorney General being indisposed, ordered that a warrant issue to the Solicitor General to prepare a draft of the Patent under the yearly quit-rent of 1l. 17s. 6d., New York money, there being 1,500 acres thereof improveable, and the Secretary ingross the same and affix the Seal of the Province thereto. Ordered that a license issue as desired, provided the land be purchased and a return made to this Board within 12 months.
Petition of John Depeyster, Mathew Clarkson, Lancaster Syms and John Cholwell read, praying a license to purchase lands in Orange County upon the head of Hackensack Sadle and Pasaick Rivers, and granted, provided the purchase be made and returned within 12 months. [C.O. 5, 1184. pp. 622624.]
Feb. 18.
Newcastle in
127. Mr. Sheafe to the Council of Trade and Plantations. I lately seized some enumerated commodities imported from Massachusetts Province without security there given for its being landed in some other of H.M. Plantations. The particulars of the trial I now send to the Commissioners of H.M. Customs. If this trade be permitted, it will much prejudice H.M. interest in these parts, for under pretence of bringing such commodities hither, they will carry the same into any foreign marcket. I refer you unto the Lt. Gov.'s letter, who hath been and is very zealous for H.M. service, and without whose assistance I should have been overpowered, as I have formerly been. The generality of the inhabitants aiming at nothing more than to discourage the legal effecting of that which hath been enacted by so many good Laws of the Kingdom, declaring their opinion that the strict execution of the Acts of Trade is the ruin of these Plantations, I pray your Lordships will give such effectual orders as shall be most suitable etc. Signed, Sampson Sheafe, Dy. Coll. P.S. I pray your Honours' directions may be here before August next, else shall be obliged to deliver the cotton-wool. I desired the Court here to grant me an Appeal, but it was denied because by an Act of this Province no Appeal can be under 100l. Endorsed, Recd. 11th, Read May 13, 1702. Addressed. Postmark. 1 p. [C.O. 5, 862. No. 94 ; and 5, 910. pp. 211, 212.]
Feb. 18.
128. Council of Trade and Plantations to the Earl of Manchester. We have considered the heads which came enclosed in your Lordship's letter of the 17th, and find that they can in no way be adapted to the Proprieties in generall, or that they are proper for Pennsylvania in particular. The chief ends proposed by the design of reuniting the Proprieties to the Crown being, that these Colonies should be able to afford each other a mutuall assistance ; that illegal trade and piracy should be prevented, and a better administration of justice observed; that the inhabitants of each country should be restrained from running off to any of the neighbouring Colonies; and that the produce of the whole should be turned to the benefit of England. To these ends, in our opinion, the heads we mentioned do no way contribute, nor can we propose anything more proper on this occasion than the Bill which was offered to the House of Lords, the last sessions, the contents of which Bill have been duely weighed and examined. Signed, Stamford, Jno. Pollexfen, Mat. Prior. [C.O. 5, 1289. p. 383.]
Feb. 18. 129. Minutes of Council in Assembly of the Massachusetts Bay. The Representatives attending, the Council communicated what they had decided was necessary to recommend:The probability of a rupture betwixt the Crowns of England and France, which was expected would have hapned before this time, and by the late intelligences seems to be hasting forward, urges the necessity of making all suitable and early provision for the safety and defence of the Province, particularly for the completing of the Fortifications begun on Castle Island. Since your last recess, some Indians have been here with a message from the Eastern Sagamores. Their proposals and our answers shall be laid before you. The substance of their message was for supplies of provision and cloathing, which have been furnished. The account you will receive from Mr. Treasurer.
Feb. 19. Mr. Treasurer laid before the Board an accompt of the Treasury, which, after perusal, he was directed to lay before the Representatives.
Feb. 20. Resolve of the Representatives sent up that the Treasurer emit 3,000l. in Bills of Credit, and that 1,500l. thereof be applied to the carrying on the Fortifications on Castle Island, 500l. to the procuring of provisions for the Castle, and the remaining 1,000l. towards payment of the Province Debts, with a clause to empower the Committee for the Castle to exchange said Bills for money. This resolve was read and referred.
The whole Court came together in the Council Chamber and heard the differences between the towns of Rowley and Bradford, between Taunton, Dartmouth, Little Compton and Tiverton, between Boxford and Topsfield, and between Sherborne and Framingham.
Feb. 21. The hearing of the difference between the Towns of Sherborne and Framingham was continued. [C.O. 5, 788. pp. 197199.]
Feb. 19.
Office of
130. Board of Ordnance to the Council of Trade and Plantations. Having lately received a letter from Captain Michael Richards at St. Johns, Oct. 31 last, wherein he tells us that nothing will contribute more to the finishing the works there then assistance from the men of war, we send your Lordships an extract thereof, and desire your Lopps. will take into consideration how the help he would have may be effected, and for order to be given therein accordingly. Signed, C. Musgrave, J. Pulteney, Wm. Boulter, Ja. Lowther, Jon. Charlton. Endorsed, Recd. Read Feb. 24, 170. 1 p. Enclosed,
130. i. Extract of letter from Capt. Michael Richards to the Board of Ordnance referred to in preceding. 1 p. [C.O. 194, 2. Nos. 59, 59.i.; and 195, 3. pp. 3638.]
Feb. 19. 131. Order of the House of Commons, that the Commissioners of Trade and Plantations do lay before this House what complaints have been made against Col. Codrington, and what they have done thereupon. Signed, Paul Jodrell, Cl. Dom. Com. Endorsed, Recd. Read Feb. 20, 170. p. [C.O. 152, 4. No. 86; and 153, 7. p. 410.]
Feb. 19.
132. President and Council of Barbados to the Council of Trade and Plantations. Having lately received various intelligences of a fleet of 30 odd sayle of French men of war that have been at Martinique near two months under the command of M. Chatternout (Chteau-renaut?) we transmit enclosed copies, which we have also sent to Admiral Benbow by H.M.S. Ruby, commanded by Col. Richard Kirkby, who has shown great zeal to serve H.M. interests in this Island, being here left to supply the place of the Ludlow, who went home with my Lord Grey, until H.M.S. Kinsale should come hither. But after the many reasons we had to suspect the French had designs to fall upon this or some of H.M. Leeward Islands, by the preparations they were making at Martinique and other Islands of landing boats and other things, we were this day informed per the Master of a sloop, the John and Thomas, that the French fleet was last Friday night seven leagues to the leeward of Guardaloupe, standing a course west-north-west, which must needs carry them Leeward of all our Islands. Our best care and diligence have been constantly imployed to render this Island as defensible as we can, but we cannot be without some doubtfull apprehentions until we are strengthened with one of H.M. Regiments and supplied with the great guns humbly proposed, Dec. 30 last. We have dispatched the ship that brings this with all haste. Signed, John Farmer, Prest., Geo. Andrews, Pat. Mein, Wm. Sharpe, Michael Terrill, David Ramsay, Thomas Merrick, Saml. Cox. Endorsed, Recd. 17, Read April 24, 1702. 2 pp. Enclosed,
132. i. Deposition of Roger Morgan, Commander of the John and Thomas, Feb. 19. On his way from Jamaica to Barbados, coming to leeward of Guardaloup, about 7 or 8 leagues distant, Feb. 13, deponent saw 35 sail of large ships and other vessels sheering away W.N.W. as he believes, French vessels, three whereof he did see to carry white flags, and one of the men that went to the topmast head saw one flag-ship more. Signed, Roger Morgan. Endorsed, Recd. April 17, 1702. Copy. 1 p.
132. ii. Deposition of John Cranston, Commander of the sloop Elizabeth and Sarah, Feb. 17. On Jan. 26, 1701 (1702), being forced in by stress of weather to Fort St. Peers in Martineco, deponent saw 17 sail of French men-of-war, among which was a flag-ship of 96 guns. Deponent was forced on board the flag-ship and detained there 3 days, during which time he was informed by the French seamen that their design was to attack Barbados. He was informed that there lay at Fort Royal 19 French men-of-war more, all fit for line of battle. During his stay, arrived a packett boat from France, which brought news, as he was informed, that peace still continues between England and France. Upon which news Deponent had liberty to depart this Island. Signed, Jno. Cranston. Endorsed as preceding. Copy. 1 p.
132. iii. John McArthur, President of the Council of St. Christophers, to Governor Codrington. St. Christophers, Jan. 28, 170. By a private hand and friend I have lately received some intelligence, which came from Martinico, of the French design to make a general attack upon all the Islands under your Government, the ground work for these proceedings is said to be framed by their King and particular instructions were delivered M. Shaternoe [Chteaurenaut] upon what account and how he is to direct his measures. M. Shaternoe immediately upon his arrival at Martinico dispatched two light frigates for Carthagene to inform themselves whether the English and Dutch fleet lay before that city and had besieged it, and whether they had killed any French or Spaniards, and so to make the best of their way up again to Martinico. If it proves that any attempt be made, M. Shaternoe is to attack this Island and Nevis at the same time, six frigates are to fall down to Basterre and there land 2,000 men, and thereupon M. Corpoun is to march into the English Windward quarter with his men, whom he has privately called together at a place called the Convent and given them strict orders to be in a readiness and attend his command, if he cannot force his way through to join another party that is bye [sic] Cayane River, then his if possible to encamp at Colonel Crisp's, and to keep that post till supported by the party from Coyau, and after they have subdued that part, to drive all before them, men, women and cattle, to the mean body at Basterre, from thence they are to march to Col. Lambert's house, there to make their mean camp, the ships at the same time to fall down and batter against Charles Fort, and the bomb ketches to play into the same, whilst from the land they bomb Brimston Hill, at the same instant M. Shotternoe with the rest of the Fleet and men are to attack Nevis, upon which they are advised by a person of that Island, whom they stile their friend, to land somewhere near Morton's Bay, where they will have no occasion to make use of bombs; they make sure of Monsieuratt upon an agreement the two men, as was intimated to your Excellency not long since, made with the late French General, that when the French fleet came near they would throw out a white flag four square, and if presently after they perceived it after to fly triangular-wise, they might immediately land with assurance of having the Island surrendered up to them; they also affirming to the French General they only wanted to secure two men there and then the rest would be easily subdued, which they would take care to effect. After this Island and Nevis are taken, then M. Shaternoe is with all his forces to attack Antigua. They also expect 20 sail of men-of-war into Martinico in case M. Shaternoe should sail for leeward to drive on the same project. On board the fleet are a Regiment of Switz, another of Villeroy, a third of Anjou and two Regiments more of old soldiers. Signed, John McArthur. Endorsed as preceding. Copy. 2 pp.
132. iv. Deposition of John Norman. Barbados, Feb. 3, 1702. On Dec. 25, deponent on board the sloop Constant Jane ran under the lee of Martinicco, where at Port Royal he saw three Flagships, carrying as he was informed, the Spanish flag, and that there was a ship of 100 guns, besides which there lay twelve pendant ships. He saw at Port St. Peers a broad pendant and about 12 sail of ships, which had no pendants hoisted. On Jan. 5 he anchored in a bay near the middle of the length of Dominico; there lay wooding and watering a French man-of-war of 56 guns, having a flag at foretopmast head, a pendant man of 50 guns and another of 70 guns, two large fire ships and a large fly-boat, which was an Hospital Ship. They had on shore several large tents and very many huts made with bushes for their sick men. On Jan. 4 he saw the six last mentioned ships standing over to Martinico. On Jan. 18, deponent, being then on board the sloop Friendship, Thomas Balgay, commander, being between Martinico and Dominico, saw 10 men-of-war turning to windward to get into Port St. Peers, a flag at mizen topmast head, the ship's pendants not hoisted. On Jan. 23, by Port St. Peers lay 14 men-of-war, having two teer of guns run out, three of which were flags, and all their colours hoisted, firing many guns. Signed, John Norman. Endorsed as preceding. Copy. 2 pp.
132. v. President and Council of St. Christophers to Governor Codrington. Jan. 28, 170. We thought it our duty by an immediate express to acquaint you that our latest intelligence gives us an account of a cravett arrived at Martineque with orders from the King of Spain to M. Chasteaurenaut, which put a stop to his design of sailing to Leeward, he being at the same time she came in weighing his anchor. There is now in the Road of Basseterre one of their store ships loaden with wine and provisions, she being drove down to this Island by the hard winds. By her is advice of the arrival of two men-of-war, the capt. of whom had a very private conference with M. de Gennes for three or four hours, and presently after went under sail for Martinique, but by a very good hand we learn that the same ship had before carried up the Governor of Guardaloupe to Martineque, and after six hours stay brought him down again, and so came directly hither. Since his going from hence, we are advised that the result is to fall on these Islands, and that it is resolved they shall begin their first attack upon Nevis and this Island at the same time, and that they design to draw 1,500 men from their Windward Islands. We have concluded to order every 10th negro to work on the Forts and clear the mountain path with utmost expedition, and have put 50 barrels of beef and 10 of flour into Charles Fort, designing 50 and 20 more to be purchased as soon as possible. If anything of moment offers before your Excellency's coming down, we shal be sure to signify it by an early dispatch. This morning arrived here from Nevis two companies of men, one whereof is not full. Signed, John McArthur, Mich. Lambert, Sam. Crooke, John Garnett. Endorsed as preceding. Copy. 2 pp.
132. vi. Deposition of Evan Parris, master of the Graysberry sloop. Barbados, Jan. 14, 170. Signed, Evan Parris. Endorsed as preceding. Copy. 2 pp. Duplicate of No. 8. ii.
132. vii. Deposition of Giles Fifield, commander of the Dolphin sloop. Duplicate of No. 8.iii. Signed, Giles Fifield. Endorsed as preceding. Copy. 1 pp. [C.O. 28, 6. Nos. 39, 39.i.vii.; and (without enclosures) 29, 8. pp. 15.]
Feb. 19.
133. Order of King in Council. Upon the Representation of Feb. 13, ordering that Wm. Mead do lay before H.M. in Council the Appeal mentioned, as soon as may be. Also ordering, with regard to Col. Codrington, as recommended in the Representation of Feb. 13 q.v. Signed, John Povey. Endorsed, Read March 6, 170. 1 p. [C.O. 152, 4. No. 85; and 153, 7. pp. 417, 418.]
Feb. 19. 134. Council of Trade and Plantations to the Lords Proprietors of Carolina. Having been required by his Majesty to consider of an Act past in Carolina the 1st March last, entituled, An Act for the better regulating the proceedings of the Court of Admiralty in Carolina and the Fees of the same, together with a letter complaining of the said Act as injurious to the Judge and other Officers of that Court, derogatory to his commission and tending to the encouragement of unlawfull trade, we have thought it convenient in order to the report we are to make thereupon, to take the opinion of Councill learned in the civill law, more especially in relation to the inconsistency of that Act with the powers and authorities belonging to the Judge or Court of Admiralty in Carolina by virtue of his Majesty's commission and with the methods of proceedings which ought to be there observed; and being willing also to understand what your Lordships may have to say upon that matter, we send you here enclosed a copy of the opinion we have received, for your consideration and such answer as you may think fit to returne to us, as soon as conveniently may be. Signed, Stamford, Ph. Meadows, Jno. Pollexfen, Mat. Prior. Annexed,
134. i. Copy of Dr. Newton's opinion on the above-mentioned Act. [See Feb. 3.] [C.O. 5, 289. pp. 84, 85; and (without enclosure) 5, 1289. pp. 384, 385.]
Feb. 19.
135. Journal of Council of Trade and Plantations. Letter to the Lords Proprietors of Carolina signed.
Feb. 20. The Earl of Manchester sitting on the Board:
Upon discourse about a Bill to be brought into the House of Lords for reuniting the Proprietary Governments in America to the Crown, their Lordships continued in their former opinion, agreeing that the proposals made by Mr. Penn, which were enclosed in the Earl of Manchester's letter of Feb. 17, are no ways fit, but that the same Bill which was before the House of Lords last year may be very expedient.
Order of the House of Commons, Feb. 19, read. Directions given for preparing copies of all papers relating to the matter referred to, in order to an answer.
Sir Wm. Robinson, Mr. Jenkins, Sir Wm. St. Quintin and Mr. Maister offered to the Board certain papers relating to the Providence of Stockwith, John Lumby, Master, seized and condemned in Pennsylvania by Col. Quary, Judge of the Admiralty there, desiring their Lordships would please to send to Col. Quay in order to an enquiry into the matters therein contained. Col. Quary ordered to attend on Wednesday, with these Gentlemen. [C.O. 391, 14. pp. 335338; and 391, 96. Nos. 32, 33.]
Feb. 19. 136. Minutes of Council of Barbados. The Hon. Col. John Leslie was sworn in the Commission of the Peace.
Ordered that the vessels agreed to be taken up, Feb. 9, be taken up by the Commissioners appointed by the Assembly. Commissioners appointed and empowered to impress such vessels as they shall think fit for carrying on that design, and agree for all things necessary for fitting out the same, to be paid for by the Public Treasury. 200l. paid to the Commissioners for that purpose.
This Board receiving intelligence by the deposition of Roger Morgan, Commander of a sloop, who, in his way from Jamaica, about 7 or 8 leagues to leeward of Guardaloope, saw 35 sail with white flags steering west-north-west, have thought fit not to desire Col. Kirkby to stay any longer, but to make the best of his way according to Admiral Benbo's orders to him, and that all vessels bound from this Island may have liberty to sail when they are ready. [C.O. 31, 6. pp. 162, 163.]
Feb. 19. 137. Minutes of Council of New York. Petition of Samuel Staats, Cornelius Claesen, Abraham Provoost, Garrit Garritse, and Barent Staats read, reciting their petition of Jan. 26, and setting forth that the land therein mentioned is altogether a swamp, not manurable and hardly worth anything, and therefore praying a lycense to purchase from the Indian Proprietors 5,000 acres adjoining thereto. Granted, provided the purchase be made and returned to this Board in the 12 months, and that the granting thereof be not prejudicial to any other person.
Petitions of John de Pue, and of Daniel Lake and others read. Both appearing to be for a patent for one and the same parcel of land, ordered each be served with a copy of the other's petition; and that they both appear on Tuesday to make good their allegations.
15l. paid to Jacob Staats, Chyrurgion, for his salary Oct. 7, 1700Oct. 7, 1701.
Antill brought before the Board a writ of Error in the cause, Cruger v. Depeyster, and desired the same might be sealed, which was done. Jonathan Scrifen, John Horton, and Joseph Purdy, together with the High Sheriff of the County of Westchester, appeared as ordered Feb. 9, and were examined in relation to libels signed by themselves and others in the County of Westchester. [C.O. 5, 1184. pp. 624, 625.]
Feb. 20. 138. Edward Randolph to the Council of Trade and Plantations. I humbly inclose a duplicate of an Address from the Assembly in Carolina to the Earle of Bathe and Lords Proprietors of that Province, sent me in a letter of Oct. 13, from Mr. Robert Stephens, one of the Representatives. He writes me that Mr. Job. How, their Speaker, had sent the original to the Earl of Bathe. Major Johnson, a gent. of that Province, told me yesterday that 'twas delivered to Mr. Amer some time ago, but heard nothing of their meeting to consult about it, stifling that as they have done all other publick papers from that Province. I therefore humbly pray your Lordships will please to be informed from the Lords Proprietors what methods they agree upon for supplying the inhabitants with great and small Artillery, etc., necessary for their present defence: otherwise that your Lordships will please to direct the prosecuting the Bill for reuniting the Proprietary Governments to the Crown, for want whereof all his Majesty's subjects in the Proprietary Governments will be in great danger to be lost. Signed, Ed. Randolph. Endorsed, Recd. Feb. 21. Read Feb. 23, 170. Holograph. 1 p. Enclosed,
138. i. Representatives of South Carolina to the Earl of Bathe, Palatine, and the Proprietors of Carolina. Charles Town. Having just cause to fear a war is already or will immediately break out, and thro' your Lordships' Province being a frontier to the Spaniards and French, who have threatened to attack us and have lately attempted by their spies to withdraw the Yammase Indyans from us to them, and so to incite the other Indyans to make war upon us, and this Province being altogether incapascitated for a defence for want of sufficient arms and ammunition, we do humbly pray your Lordships that you would be pleased to send to this Province six guns of 24lb. pounders, six guns of 18 pounders, six guns of 12 pounders, six small field pieces, 10 small patereras, 20 blunderbusses, 200 fusees, 12 doz. of hand granadees, 200 cutlasses, 3 cwt. of match powder, great shot and fusee bullets proportionable, without which it will be morally impossible for us to make our defence, etc. 1 p.
138. ii. Address of the Council and Representatives of West New Jersey to the King. Burlington, May 12, 1701. Recapitulates the disorders of the Province and prays that Col. Andrew Hamilton may be confirmed as Governor. Signed, Edward Hunloke, P., William Biddle, Tho. Gardiner, George Deacon, Jon. Beere, John Thompson, Andr. Robeson, of the Provincial Council; Saml. Jennings, Speaker, Mahlon Statys, Francis Davenport, Restore Lippingcot, John Scott, Tho. Wilkins, John Adams, John Rambo, Thomas Thackera, John Kay, Archaball Miggle, Simeon Ellis, Phillip Paul, Saml. Hedge, W. Hall, Joh. Woodcock, John Bacon, John Reading, Cler. 2 pp.
138. iii. Governor and Council of East New Jersey to the King. Recapitulates the disorders of the Province and prays that H.M. would command the inhabitants to yield their obedience to the Proprietors' Commission until the trial at Bar be had, or H.M. pleasure be further known. Signed, And. Hamilton, Saml. Dennes, John Bishop, Saml. Hale, Benj. Griffith, Wm. Sandford. 2 pp. [C.O. 5, 1261. Nos. 49, 49.i.iii.]
Feb. 20.
in New
139. Lt. Gov. Partridge to the Council of Trade and Plantations. Since my last despatch, Sept. 8, nothing worthy your Lordships' notice hath occurred except a seizure made of some enumerated commodities by the officer of H.M. Customs here, viz. four bags of cotton wool and three barrels of tobacco brought from the Massachusetts Province, into this Port, without having given security for its being landed and put on shore in some other of H.M. Plantations as the Acts of Parliament direct, which was the only cause of the Collector's seizure here. The case came to trial, where a certificate from the Deputy Collector of Boston was produced as evidence against the King, which certificate the jury declared was the only cause of bringing in their verdict against the King. The Collector hath sent the coppie of the whole case to the Treasury and Commrs. of the Customs. There is a writ of delivery directed to the Sherriffe to cause the Collector to deliver said cotton-wool, or seize his person, which I have stopped the Sherriffe in making any return till the second Tuesday in August next, against which time I humbly pray your Lordships' directions. Signed, Wm. Partridge. Endorsed, Recd. 11, Read May 13, 1702. Addressed and sealed. Postmark. 1 p. Enclosed,
139. i. Certificate of the Deputy Collector at Boston that the enumerated commodities in the sloop Speedwell, were lawfully imported from Barbados by the Hopewell and exported by the above sloop for Newcastle. Boston, Aug. 25, 1701. Signed, Wm. Payne, Dep. Collector. Endorsed, Recd. May 11, 1702. Copy. 1 p. [C.O. 5, 862. Nos. 95, 95.i.; and (without enclosure) 5, 910. pp. 209, 210.]