America and West Indies: February 1702, 23-25

Pages 98-106

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. 23.
140. Council of Trade and Plantations to the House of Commons. In reply to the Order of the House, Feb. 20, enclosing copies of papers containing complaints against Col. Codrington and our proceedings thereupon. Signed, Stamford, P. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior. [C.O. 153, 7. pp. 410–414.]
Feb. 23.
141. Journal of Council of Trade and Plantations. Copies of the papers relating to complaints against Col. Codrington were laid before the Board, and a Report was signed wherewith to present them to the House of Commons, which Mr. Blathwayt was desired to do. Mr. Henry Baker, Solicitor of the Treasury, acquainting the Board that the Earl of Manchester has directed him to solicit the Bill wch. is to be brought into the House of Lords for reuniting the Proprietary Governments in America to the Crown, Ordered that all papers in this office relating to the Irregularities in Proprietary Governments be communicated to him.
Letter from Mr. Randolph, Feb. 20, read.
Feb. 24. Letter from the Board of Ordnance, Feb. 19, read and ordered to be taken into consideration with other papers relating to Newfoundland.
Draught of Instructions for Col. Dudley in the Government of the Massachusetts Bay agreed upon. Ordered that he have the perusal thereof, and of his Instructions for New Hampshire (which are now in hand), when ever he will call.
Feb. 25. Sir Wm. St. Quintin and Mr. Jenkins attending on the one side, and Col. Quary on the other, in relation to the Providence, a copy of John Lumley's Register with a certificate of its having been delivered to him Oct. 12, 1698, was laid before the Board; and an affidavit made by Thomas Smith, Supercargo in that voyage, was read, and a copy delivered to Col. Quary for his answer, and more particularly that he may explain how the money proceeding from the sale of the said ship and goods has been disposed of. [C.O. 391, 14. pp. 338–342; and 391, 96. Nos. 34–36.]
Feb. 23. 142. Minutes of Council in Assembly of the Massachusetts Bay. Petition of John Eames, Samuel Eames and Nathaniel Eames, sons and heirs of Thomas Eames of Sherborn was read, praying this Court's confirmation of some land which the Indians of Natick consented their father should have out of their township, to be included in the lands by them exchanged with Sherborn. The petition being contested by Sherborn, both parties were heard by the whole Court.
Feb. 24. Ordered, upon the difference of Taunton, etc., that the charge of building the bridge over Taunton great River be defrayed one half by Taunton and the other half by Tiverton, Freetown, Little Compton and Dartmouth according to their proportions as they were assest to the Province tax in May, 1700.
Ordered, upon the difference between the Towns of Rowley and Bradford, that the boundary remain as appears was anciently agreed to by Rowley upon their allotting out Merrimack land (given in detail).
Petition of the Town of Marblehead praying the Court's consideration of the import of that harbour, and to make provision for fortifying of the same, was sent up from the Representatives with the resolve that 40l. be allowed the Town towards the repair of their fortifications and for stores of war, provided the Town spend 60l. more. Resolve concurred with.
Samuel Gallop, Sherif of Bristol, reimbursed his charges in endeavouring the capture of Daniel Wilcox of Little Compton, 1693, who had since satisfied the fine laid upon him.
Feb. 25. Upon the case of Eames v. Sherborn, it was resolved that the Indians' sale of land be confirmed.
Petition of Samuel Lillie of Boston, merchant, praying for an abatement of duty upon the logwood that may be saved from the Mary, cast away upon the rocks before Marblehead, granted.
Petition of Francis Foxcroft that the duty on 300l. value of European commodities, the gift of H.M. to the French Church, be remitted, granted.
Ordered that the bounds between Boxford and Topsfield be settled according to the report of the Committee appointed June 1700 (quoted at length).
Memorial of Col. Elisha Hutchinson of what he judged necessary for H.M. service at the Castle was sent down, with a reminder to the House of the Memorial presented to this Court in May last by the Commissioners sent into the Eastern Parts as to the state of H.M. Forts at Saco and Cascobay. [C.O. 5, 788. pp. 199–205.]
[Feb. 24.] 143. Alexander Skeene to the Council of Trade and Plantations. In reply to the answer in behalf of Governor Lord Grey. (See Cal. A. and W.I., 1701.) Argues that he is entitled to the fees for granting probates, etc., and for the Secretary's Office. He is fully qualified to execute his office. Endorsed, Recd. from Mr. Fullerton, Feb. 24, 1701. [Recd.] Read March 19, 170½. 1½ closely written pp. [C.O. 28, 6. No. 46.]
Feb. 24. 144. Minutes of Council in Assembly of Barbados. The Hon. Richd. Elliott informing this Board that the Assistants of Oistin Court could not be sworn to execute the trust, by reason of Col. Fortescue's illness, who was appointed one of the Assistants, and that two Courts could not hold for that reason, ordered that a letter be wrote to Col. Fortescue, that he should not fail giving his attendance next Court, or if he believes he shall not then be in a condition, that then he signify the same, that the Commission may be supplied by some other person fit for that employment.
The Assembly attending, the President and Council proposed to them to prepare an Act for the sale of some of the small arms in the Magazine to people in this Island, by reason there are not any to be sold in the country to supply the inhabitants; that the musquet barrels that lie in the Magazine that want stocks may be fixt 12 upon a frame to be laid upon the breast-works; that all papers of intelligence be laid before the Assembly; that an [? Act] be made for raising a further supply of money for carrying on the several Fortifications; that Col. Kirkby on his departure hence apply himself to this Board for refreshments for the sick men. Whereupon this Board did order 50l. to be laid out for wine and fresh provisions for the use abovesaid, and desired the Assembly that the same may be paid out of the Publick Treasury.
Peter Mascoll was sworn in the Commission of the Peace.
Ammunition for Oistin's Fort ordered to be delivered to Col. Frere.
Capt. Wm. Smith, Capt. Wm. Gilbert, Capt. John Vaughan, John Whetstone and Richd. Perriman, were all sworn in the Commission of the Peace.
The Council proposed to the Assembly that materials be always in readiness to fit out two or three fire-ships; that guns, without carriages till they can be gotten, be planted in the breast-works, and that cross entrenchments be made at the end of every gully and fortified with great guns on planks [or] where carriages are not to be had; that bits of old iron be bought of the several smiths to use in bags as partridge shot; that a box of medicines be provided for every Regiment with tow rags, etc., and two chirurgeons; and that encouragement be given to subtelers, that satisfaction be made for all damages done to canes, corn, etc., injured at the time of alarms, and that all other matters be effectually provided for the better defence of this Island.
An Act to revise and continue the Act to secure peaceable possession of slaves, and to punish the clandestine detinue of them was sent up and read once. The President and Council were of opinion it could not pass, it being against H.M. Instructions, the same having been already re-enacted.
Ordered that the Clerk of Assembly do forthwith provide and lay the late monthly Journals of the Assembly before this Board, to be transmitted home. And see following abstract. [C.O. 31, 6. pp. 167–170.]
Feb. 24. 145. Journal of Assembly of Barbados. The House met by a special summons from the President, and were informed that several of the inhabitants wanted arms and that they are not to be bought at present, and that there are several arms in the magazeen which may be sold or delivered out to such persons as wants, and the money employed for buying of new arms, and that all the old barrels of guns may be put into frames and made serviceable, and also that some further levy may be made for carrying on the work of the fortifications and strengthening this Island. That it was reasonable and expedient to supply Col. Kirkby, Commander of H.M.S. Ruby, with fresh provisions for his sick men to the value of 50l. sterl., which is desired may be paid for out of the Publique.
Ordered that the Secretary of this Island do at the next sitting lay before this House the respective returns of the several Church Wardens brought in, for the swearing to the quantity of land in the respective parishes, and also a list of all defaulters, and of such persons as swore to their lands before his late Excellency.
Resolved, that this House will take into consideration the providing for the fortifications at the next sitting.
It was unanimously resolved that the 50l. ordered to Col. Kirkby by the President and Council shall not be repaid out of the Public Treasury. Ordered that all old arms that can be mended, which are now in the magazeen, be refitted and made serviceable by persons appointed by the Keeper of the Stores of the Magazeen, and that the charge thereof be paid for out of the Public Treasury; and that all old barrels now in the Magazeen and incapable of being refitted for fire-arms, be delivered out to the Commissioners of Fortifications, to be employed by them for the best use they can.
Resolved that 1,000 substantial fuzees, with moulds etc., 500 good ammunition swords with scabbards and belts, and 1,000 of trunck cartridge boxes made of good sole leather, 5,000lb. of ball for the fuzees, 500 fuzees for horsemen, such as are used in England for Dragoons, with accoutrements, 1,000lb. of match, 50 ream of cartridge paper and 10 dozen of priming irons for great guns, be bought and paid for by the Treasury. And whereas George Peers and William Heysham have offered to furnish this Island with the arms, ammunition and necessaries aforesaid, it is resolved that upon the importation thereof, they be allowed 50l. sterl. per cent. upon the foot of the invoice, insurance excepted, and the charge be borne by the Public Treasury.
Resolved that 200 of the good arms in the Magazeen be sold at 40s. apiece to such of the inhabitants as the Cols. or Commanders in Chief of the Regiments do certify want arms, the money to be paid to the Treasurer for the use of the fortifications.
Ordered that Mr. Speaker move the President and Council that the monthly exercise of the Militia be continued until further order.
Ordered, that a Bill be prepared for the further strength of labourers, and that the Commissioners be impowered to make breast-works in any convenient places within the land, or to throw up trenches. The House waited on the President and Council with these resolves, and the following proposals were given to the Speaker :—(1) That materials be always in readiness to fit out two or three fireships, when occasion shall be. (2) That guns, without carriages till they can be gotten, be planted on the breast-works, and that cross entrenchments be made at the end of every gully, and fortified with great guns on planks, [or] where carriages are not to be had. (3) That bits of old iron be bought of the several smiths to use in bags as partridge shot. (4) That a box of medicines be provided for every Regiment, with tow, rags, etc., and that two chirurgions be appointed for each Regiment, and that encouragement be given to sutlers. (5) That satisfaction be made for all damages done to canes or corn etc. injured at the time of alarms, and that all other things be effectually provided for the better defence of this Island.
Bill, to revive an Act, to secure the peaceable possession of slaves etc.; read the first time and sent up. It was sent down with a message that inasmuch as there had been several revivals of the first Act, and there being no special reasons given in this Bill for the revival or further continuance of it, the Council believed it to be against H.M. Instructions to pass it.
Feb. 25. Bill impowering John Lucy Blackman to sell and alien several lands in the parish of St. Joseph read and referred till next sitting, Blackman then to produce his evidence.
Bill, to repeal an Act mentioned therein, and for divesting lands formerly settled in trust for certain charitable uses by the gift of Philip Trowell decd., and for vesting and settling other lands with Trowell's negroes in trust only for the same charitable purposes as such first-mentioned lands with said negroes were settled, read the first time.
The proposals of the President and Council (Feb. 24) were considered. (1) Ordered that George Peers and William Heysham forthwith provide 10lb. of camphire, 10 or 12cwt. of brimstone, 60lb. of salt petre, 20cwt. of wire, a large jar of linseed oil, a large jar of neats foot oil, which are to be used as stores for the public service. (2) Provided for by the Bill for the further strength of labour. (3) Consented to, and ordered accordingly. (4) This House are of opinion that the medicines and other necessaries for dressing of wounded men may be soon provided, in case of an engagement, and as to the having two chirurgions to each Regiment, the same may be appointed when the forces are drawn into arms upon the approach of an enemy. As to the encouragement of sutlers, we believe care is taken by the Act of Militia. (5) This House doth consent thereto. When it shall be considered what other materials are necessary to be provided for the safety of this place, this House will concur therein.
Act, to raise and provide a further strength of labourers to clear the trenches, and repair the breast works and fortifications, read a second time.
Petitions of William Chearnley, Benjamin Bullard, Nicholas Baker, Thomas Stewart, Edward Cordwent, Benjamin Matson, Samuel Nockolds, and Moses Peizxoto read, and they were granted drawbacks on some Madera wine turned eager or exported.
Petition of George McKenzie, merchant, read, setting forth that several were imported and tendered to the Hon. Thomas Sadleir, then Treasurer, who refused to accept of them, and afterwards nine of them died, and therefore petitioner prays an order on the Treasurer for their value as by the Act provided. The House recommended the petition to the Council.
Feb. 26. Act to secure the possession of negroes and other slaves to the Inhabitants, read. [C.O. 31, 6. pp. 450–455; and pp. 172–176.]
Feb. 24.
146. Minutes of Council of the Massachusetts Bay. Payments made to Constable Woodcock and Christopher Hall of Attleborough.
Licence granted to Nathaniel Baker, Bisket-baker, to build a bakehouse of timber on the backside of his dwelling, at the north end of the town, so as that he do cover the roof with slate and inclose the walls with rough cast. [C.O. 5, 788. p. 121.]
Feb. 25. 147. Affidavit of Michael Cole, Master of the Friends' Adventure, that he has paid for the duty of skins shipt at Charles Town, South Carolina, 1½ d. per skin, and that the Receiver told him that ships belonging to the inhabitants of that place paid noe more than ¾ d. per skin. Signed, Mich. Cole. Endorsed, Recd. Read Feb. 27, 170½. Presented to the Board by Mr. Colle. ¼ p. [C.O. 5, 1261. No. 50.]
Feb. 25. 148. Affidavit of Lewis Pasquereau, of Charles Town, South Carolina, Merchant, that he has paid the different rates, as above. Signed, Lewis Pasquereau. ¼ p. [C.O. 5, 1261. No. 51.]
Feb. 25. 149. Copy of the Register of the Providence of Stockwith, Jno. Lumby, Master, condemned in Pennsylvania, 1699. Custom-House, Hull. Oct. 12, 1698. Signed, John Lumby, sen. Endorsed, Recd. Read Feb. 25, 170½. Presented to the Board by Sir Wm. St. Quintin. 1 p. [C.O. 5, 1261. No. 52.]
Feb. 25. 150. Printed copy of affidavit of Tho. Smith, Supercargo of the Providence. [See Cal. A. and W.I., 1699, 426.i., iii, etc. and 1700, 932.i., etc.] The Providence, bound from Kingston upon Hull to Maryland, was registered at the Custom House at that Port, Oct., 1698. For 6 months together they made no land, and took harbour in the first Port, Newcastle, for supplies. Whereupon one of H.M. Customs Officers demanded her certificate of Registry, which he had no authority to do, seeing that the Providence did not break bulk or offer to unlade there, but only to provision and proceed on her voyage to Maryland. The Master having mislaid or left it behind him, the officer seized her for three days, until Lumby, the Master, procured the List sent from England to the Governor of Maryland of ships duly registered, whereby it appeared that the Providence had been duly registered, and the said officer released her. Yet Robert Quarry, Judge of the Admiralty Court at Philadelphia, three or four days afterwards sent down his Marshall to reseize her, altho' she had not broke bulk or offered to unlade. He illegally condemned her and her goods, and caused the same to be detained, altho' four or five sufficient persons then and there present in Court, whose ability were unquestionable, offered themselves to be bail and surety for the goods till further satisfaction could have been had in the premisses from England. Signed, Thomas Smith. York, Feb. 14, 170½. Endorsed, as preceding. 1 p. [C.O. 5, 1261. No. 53.]
Feb. 25.
151. Governor Nicholson to the Council of Trade and Plantations. I hope in God that before this Col. Quary and Mr. Dionysius Wright have presented to your Lordships my 3 letters of Oct. 2 last, and that those Gentlemen (by your Lordships' assistance) may be able to do his Majesty some service. I have received your Lordships' letters of Aug. 14 and 20, and your Lordships may please to see what was done in Council concerning them. I have sent to my correspondent, Mr. Micajah Perry, to wait on the Admiralty that they would please to order 6 such Jacks to be made, and he will pay for them, because I would willingly have no mistake in that affair, but fully comply with your Lordships' order therein. Refers to enclosures. When the Council meets, March 11, I design, God willing, to propound that a loyal and humble Address may be signed by them as in duty bound to his most sacred Majesty, whom pray God long preserve and send him to tryumph over all his enimys, but more particularly over the French King and his Perkin Walbeck. And if that Hector of Christendom durst meet H.M. in the Field of Battel, I hope in God that H.M. would have the same good fortune as Edward III and the black Prince had over the French King John.
I thank God there is a good crop of tobacco this last year, if there come but ships enough to carry it for England. But by the account which I have from thence, and from the Captains and Commanders of ships which have lately arrived, there will not be so many as there were last year. And by the best accounts I have there is more tobacco than there was then. We have had a very fine moderate winter, so that Planters have had an opportunity of clearing their ground, and preparing for a new crop, and I thank God the country is at present very healthful.
On Sunday night was 7 night, till Friday Night following inclusively, was seen ye tail (as we supposed) of a blazing star (though ye star itself not visible to us) that part of it that seemed to end in ye star about the horizon bore about W.S.W. and the upper part pointed about E.S.E. The time of its appearing to us was as soon as it was duskish for the space of near two hours, and it appeared to be about 40 degrees long, being of ye Colour of ye Milkey Way, and of the breadth of a Rainbow.
I intend next month to exercise the Militia in as many Countys as I can, and according to my duty do what in me lies to put them in a posture of defence, and incourage them, if there be any occasion, to fight for their Religion, their King and Country; and in order thereunto to equip themselves with suitable arms and ammunition; and I am in hope that both the Militia-Officers, and the Justices of Peace etc. will doe themselves the justice and honour to sign loyal and dutiful addresses to his most sacred Majesty on account of the sham Pr. of Wales etc. Endorsed, Recd. June 8. Read July 22, 1702. Duplicate. 1¾ large pp. Enclosed,
151. i. Copies of Proclamations for (a) Proroguing the Assembly to Feb. 9, 1702. (Dec. 9, 1701) and March 25 (Feb. 16, 1702); (b) appointing a day of Public Fasting and Humiliation (Feb. 16, 1702); (c) copy of an Order from Governor Nicholson to the Colonels and Commanders in Chief of Militia to summon the Militia officers and acquaint them of the French King's having proclaimed the pretended Prince of Wales King of England. Signed, Fr. Nicholson. Endorsed as preceding. Duplicate. The wholelarge pp.
151. ii. Memorandum of Minutes of Council of Virginia, Feb. 16, 170½. ¼ p.
151. iii. Memorandum of Account of the 2s. per hhd. June 10–Nov. 10, 1701. ¼ p. [C.O. 5, 1312. Nos. 26, 26.i.–iii.; and (without enclosures) 5, 1360. pp. 209–213.]
Feb. 25.
152. Governor Nicholson to [? the Earl of Manchester]. A complimentary letter. Signed, Fr. Nicholson. 1 p. Enclosed,
152. i. Governor Nicholson to the Council of Trade and Plantations. Feb. 25, 170½. Duplicate of No. 151. 1½ pp.
152. ii. Copy of Minutes of Council of Virginia, Feb. 16, 170½. 2½ pp.
152. iii. Copy of Proclamations, by Governor Nicholson for proroguing the Assembly of Virginia, Dec. 9, 1701, and Feb. 16, 170½, appointing a Day of Public fasting, Feb. 16, 170½, and an Order to the Militia Officers, to summon their Regiments and suggest Loyal Addresses to the King on the occasion of the King of France recognising the Pretender. Feb. 19, 170½. 2¼ pp.
152. iv. Copy of Mr. Auditor Byrd's Account of the 2s. per hhd. June 10–Nov. 10, 1701. Total, including balance from last account 2,358l. 9s. 9½ d., 2,971l. 3s. 8½ d. Debit 1,745l. 1s. 5½ d. Balance due to H.M. 1,226l. 2s. 3¼ d. 2 pp. [C.O. 5, 1339. Nos. 4. 4.i.–iv.]