America and West Indies: February 1703, 11-20

Pages 187-206

Calendar of State Papers Colonial, America and West Indies: Volume 21, 1702-1703. Originally published by His Majesty's Stationery Office, London, 1913.

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


February 1703, 11-20

Feb. 11.
312. William Popple to Josiah Burchet. The Council of Trade and Plantations have ordered me to desire you to inform them what convoy is designed by H.R.H. this year for Newfoundland with the first and latter ships imployed in that Fishery and Trade. [C.O. 195, 3. p. 158.]
Feb. 11.
St. James's.
313. Order of Queen in Council. Repealing the Act of New York, Oct. 26, 1700, for declaring the Town of East Chester a distinct parish from the Town of West Chester. Signed, John Povey. Endorsed, Recd. Feb. 22, Read March 5, 1702/3. ¾ p. [C.O. 5, 1048. No. 26; and5, 1119. pp. 390, 391.]
Feb. 11. 314. An account currant of the Subsistence, clearings and offreckonings issued to the use of the four independent Companies in New York during Lord Bellomont's Government. Total issued, 10,011l. 12s. 1d. Total spent, 10,062l. 15s. 6¼d. Signed, J. Champante for the Lady Bellomont. Endorsed, Recd. Read Feb. 11, 1702/3. 2 pp. [C.O. 5, 1048. No. 28.]
Feb. 11.
315. Governor Dudley to the Council of Trade and Plantations. Refers to letter of Dec. 10. The provisions (for Jamaica) in two store-ships and Larramore with his company on board the Gosport all sailed hence on Jan. 2 with a fair wind, and about 30 vessels with provisions to the Islands, and I hope may be well arrived. Since which I have also sent away in a new sloop another foot company of volunteers out of the Province of New Hampshire, Capt. Walton Commander, whom I have clothed and armed and victualled for their voyage, and they sailed from Pascataqua Jan. 17, which is all that I can do upon that head, until I may hear of their happy arrivall and kind reception from the Government of Jamaica, which will encourage more to follow them, which I shall be capable to do, if I can keep peace with the Indians, whom I have lately visited and supplied with all necessary trade, to take them off from a French dependence, and very happily by one of our privateers taken a sloop of the French, wherein was the French stores for them for this winter, which at present cuts them off from all hopes on that side. I have also received two letters from your Lordships of June 12 and Sept. 15, with H.M. commands for rebuilding the Fort at Pemaquid etc. Refers to letter of Dec. 10. Though I have little hopes of their doing more, I shall, as I am commanded, exert my utmost endeavours with another session of the Assembly, which shall be holden in March next, and there is no time yet lost in that affair, it being the winter session, wherein nothing can be done with stone or mortar. Referring to the Fort at Pascataqua River, where the present Fort now stands, I was last week at Pascataqua on purpose to hold the Assembly of New Hampshire, where they have agreed to reform that Fort and raise a new Battery for 10 or 15 large guns close upon the water, and have granted to H.M. 500l. for that end, which with the labour of the Militia I hope will do something towards it, and considering that Province, that it consists of but five small Towns, is as much as can be well raised in one year. The Province being so little allows nothing for the support of the Governor, which I should be willing to bear if H.M.'s affairs in her commands in this and other occasions might obtain a just obedience from them. Refers to letter of June 12, and "Your Lordships' commands upon Mr. Sheafe's letter to enquire after the Records of that Province, and why they are not lodged in the Secretary's hands. The Gentlemen of H.M. Council there acquaint me that the Records of that Province are of these several sorts, the Acts of Assembly and Council have always been in the Secretary's hands as Clerk of the Council. The Records of the Inferior Court are in the keeping of Theodore Atkinson, Clerk of that Court, and the papers of the Sessions and Inferior Court in the keeping of Capt. Penny, Clerk of that Court, and the papers belonging to the Probate of Wills and Testaments are in the keeping of the Secretary, Mr. Charles Story, whom in favour to that office, that has no better support than 12l. per annum, I have commissioned Register of the Prerogative Court, and the Records of Deeds of Land are in the hands of Mr. Penhallow, who before my coming was appointed by the Assembly agreeable to an Act which was some years since sent home to your Lordships, and again sent by myself since my coming as Recorder of the Province, which Act and appointment they say was projected to make the Records of their Deeds secure, the Recorder by the said Act being alwaies to be a person of estate in the Province. I have also examined that article of the fines, and the Gentlemen of that Court and their Clerks have attended me upon it, and answer that they never presumed to take out of the fines more than four shillings per diem during their session, which upon a survey I am apt to think is true, and for your Lordships' satisfaction have enclosed a list of the fines for 7 years last past, under the Clerk's hand. Referring to Mr. Randolph's Memorial, I have examined that matter in Council, Mr. Sheafe attending, and I find the whole proceeding very derogatory to the honour of the Crown, and in breach of the Acts of Trade; I judge Mr. Sheafe did what appertayned to him to obtain a judgment against the ship, Montesse Commander, but that ship was broken up the same voyage in that River, and Captain Montesse is since dead in the West Indies, worth nothing, and Mr. Sheafe is well satisfied to be justified, and I am sorry there is no person nor estate to proceed against for remedy, but I hope to prevent any such irregular proceeding for the future. Mr. Ichabod Plaisted has also attended me upon the motion of Mr. William Wallis, and I find him a very capable and diligent officer, and what is suggested referring to Mr. Brenton's allowance of half the salary, I have written to him being at Road Island, and doubt not of his compliance with his promise to your Lordships, which if not submitted to in his answer, I shall inform your Lordships further thereof. Referring to letters from the Lieut.-Governor Partridge, and Mr. Sheafe in the case of the goods imported from the Massachusetts, upon my arrival in New Hampshire I found that the complaint referr'd to four bags of cotton-wool, which were imported contrary to Act of Parliament, and Sheafe had obtained judgment in the Inferior Court, but upon the appeal of the Importer, was cast in the Superior Court, and the value being but 30l., it was like to rest there, but I ordered it to be new seized, and upon the Review in the Inferior Court it is again condemned, and I have done what I can upon the second Appeal to the Superior Court to prevent the acquittance, but so it is my Lords in these Provinces, that the Judges are ignorant, and the Juries stubborn, that it is a very hard thing to obtain their just service to the Crown, all which will be prevented if your Lordships please to let me have a Judge of the Admiralty settled here, who by the Acts of Parliament proceeds without a Jury. Mr. Sheafe the officer is well satisfied with what is done in this affair, but I have had no direction from the Commissioners nor otherwise in that affair as your Lordships intimate. Refers to copies of Acts of Assembly "sent within a month of my arrival."
I have yet a Peace with the Indians in the neighbourhood of these Provinces, and hope the Maquas will continue firm on the side of New York, if otherwise shall carefully do my duty to my Lord Cornbury, though truly these Provinces are in much more danger. Since the sayling of the Gosport, I have no ship of H.M. here, and two or three sloops from Placentia are busy upon the coast, and the other day surprised two sloops in the whale Trade, but some of the People followed them so near, as to recover one, the other is carried away, and I expect every day trouble on the Coast, until I may be favoured with one good frigot for this great Bay, and one lesser for Pascataqua, which I humbly pray I may be favoured with, as being absolutely necessary for the security of the Coast. I have put the Countrey galley, that was very ill-built and almost worn-out, upon the waies for a thorow repair, and in the meantime have a good sloop out with fifty men, if possible to meet with the French sloops, which is yet very difficult at this time of year. Signed, J. Dudley. Endorsed, Recd. Dec. 20, 1703, Read Jan. 7, 170¾. 5 pp. Annexed,
315. i. Abstract of preceding. 2¾ pp. [C.O. 5, 863. Nos. 10, 10.i.; and 5, 911. pp. 164–174.]
Feb. 11.
316. Newfoundland Merchants to the Council of Trade and Plantations. In obedience to your commands to lay before your Lordships in writing our opinion in relation to the preservation of that advantageous Fishery in Newfoundland, we hereunder with great submission do offer the same, respecting therein the Petitions which have been delivered to H.M. in Council and were referred to your Lordships. Wee therefore humbly offer it our opinion two or more men of warr may saile from England as soon as possible for Newfoundland whose early arrivall may prevent the destroying all the rest of our harbours there except St. Johns. As we have to our cost experienced the French at Placentia do very often insult all the harbours in Trinity Bay, as they have done Trinity this winter, and wee fear all the rest, they having but a small tract of land, not three miles from Placentia Bay to Trinity Bay, over which they bring their boates, there being not fortifications to oppose them. Wee with all submission offer that unless Trinity Harbour be fortified, which may be easily done, and is of great conveniency as may appear by the Draft (which one of us had the honour to present to your Lordships last year) there will be no security for any to fish or inhabitt in any of the harbours in the said Bay, whereby one third of the Fishery will be lost. And for this we humbly offer to your Lordships that twenty or thirty guns well placed and forty to fifty soldiers with officers to command them, with one hundred small arms, with ammunition and what is also necessary for the said fortifications with the assistance of the inhabitants who are to be under command, may be a sufficient force to secure that Bay, that harbour being capable of receiving one thousand saile of ships, and all the inhabitants of the adjacent harbours, who desire that to be fortified for their common security to fly to in the winter time; what stones and other things may be necessary for the fortification wee humbly referr your Lordships to the ingineers. And whereas the right of the whole Island appertaines to H.M. and Crown of this realm, as appears by the duty the French paid there in the reign of King Charles the Second, and that the French Settlement and Fishery there hath been very destructive to our nation in times of peace as well as of warr and of vast advantage to them in bringing up sailors and by their trade in fish; wee most humbly offer to your Lordships that the taking of and possessing of Placentia their chief fortification, which with God's blessing may be done with eight or tenn men of warr and four or five hundred Grenadiers, to saile from hence by the first of May next, will be of an unspeakable benefit to these nations in respect of breeding up seamen as well as of trade, increase of H.M.'s Customs and of navigation, as your Lordships are highly sensible of, by the account of shipping in time of peace, when wee had but half the trade, which must consequently be doubled when we have the whole. And lastly we humbly offer that the fishing ships may have protections for their men both sailing and fishing lines as qualified by the Act for that trade and may depart under convoy of the two first men of warr, who saile in March, and the other ships which go to take of the fish may have protections and permissions to saile under convoy of those ships, who may depart in May and all this with great submission to your Lordships. Signed, John Snell, Simon Cole, Solomon Merrett, Wm. Brooke, Chr. Haynes, Ja. Campbell. Endorsed, Recd. Read Feb. 11, 1702/3 2 pp. [C.O. 194, 2. No. 93; and 195, 3. pp. 154–157.]
Feb. 11. 317. Petition of Sir Jeffrey Jeffreys to the Queen. Whereas your Majesty hath been pleased to constitute and appoint 4 packet-boats in course for your Majesty's Islands in the West Indies, whereby frequent advices may be sent to and received from those parts, and seeing the same method will be of like advantage, both to your Majesty and subjects, to sett up at least two vessells which might keep course to the Northern parts of America and New York, being the centre of those parts, Sir Jeffrey Jeffreys does with all humility propose to furnish your Majesty with 2 vessells fittly qualified for the said service, one whereof mounted with 12 gunns and 40 men and provided with oars strong and well built for the winter service to depart for New York in January next from the Isle of Wight, to stay at New York 30 days and no longer, in which time letters may be sent by expresses and answers to them transmitted from New England, Virginia and Maryland and all the adjacent Collonies, and by the same ship brought for the Isle of Wight at 200l. p. month, from whence the said ship shall depart again for New York in 20 days or as soon as her Majesty shall direct. The other vesell to be fitted with 8 guns, 30 men to be ready in 2 months after the departure of the first also provided with oars, and to keep the same course at 150l. per month, whereby after 4 months your Majesty and subjects may send and receive intelligence to and from those parts (wind and weather permitting) every 2 months, with condition nevertheless that the Commanders of the said vessells may be at liberty to take in such passengers that offer, and a few goods, for balast in their voyage to and from New York, not exceeding 50 tunns on the bigger and 30 tuns on the lesser vessell, to have effectual protection for their seamen both on board and on shoar, the hire to be paid quarterly and to have 3 months pay unprest. Subscribed, At the Court at Whitehall, Febry. 11th, 1702/3. Her Majesty is graciously pleased to referr this petition to the Councill of Trade and Plantations to consider thereof, and report therein their opinion, what may be fit to be done in it for H.M. service, whereupon H.M. will declare her further pleasure. Signed, Nottingham. Endorsed, Recd. 13th, Read 15th Feb., 1702/3. 1 p. Enclosed,
317. i. If it be her Majesty's pleasure to have both the said vessells of 150 tunns mounted with 14 guns and 40 men, the said Sir Jeffrey Jeffreys proposes to perform the same at the terms mentioned in the proposall, being 350l. p. month of thirteen months to the year. Signed, Jeff. Jeffreys. [C.O. 323, 5. No. 1; and 324, 8. pp. 211–214.]
Feb. 11.
318. Journal of Council of Trade and Plantations. Mr. John Snel, Symon Cole, Solomon Merrit, together with several other Newfoundland traders, laid before the Board a Memorial for fortifying Trinity Harbour and Carbonier etc., which was read, with the petition of the Merchants of Poole. They offered that the fortifying of those places, without sending soldiers likewise for the defence thereof, will be of no manner of use, and they desired that in the Representation to be made concerning Newfoundland, care be taken that one of the men of war now going for Lisbon may be ordered to convoy the salt ships from thence to Newfoundland.
Ordered that the Secretary write to Mr. Burchet to enquire about the convoy for Newfoundland.
Mr. Champante laid before the Board an Account of the subsistence etc. of the four Companies at New York during Lord Bellomont's Government.
Feb. 12. An account of money paid by Lord Renelagh to Mr. Champante for the use of the four Companies read. Ordered that copies be sent to Mr. Champante and Mr. Thrale.
Mr. Usher's reply to Mr. Vaughan read, [C.O. 391, 15. pp. 417–419; and 391, 97. pp. 121–125.]
Feb. 11.
St. Jago de la Vega.
319. Minutes of Council of Jamaica. The Governor communicated a letter from Governor Dudley, Dec. 26, stating that in obedience to H.M. directions he had provided provisions for the Victuallers at Jamaica, which were now upon two shipps under convoy of H.M.S. Gospir, together with one good foot Company of Volunteers, under command of Capt. Larrimore, and hoped to follow them with two more early in the spring under proper officers. "Capt. Larrimore and his officers and most of his men have been abroad this summer upon this coast, and have taken five good ships, and have shewed themselves of good courage, but will fall short in their appearance and discipline of the regular troops you do receive from England, having been in an army, but that may be in a few weeks taught them, and in real service I hope they will show themselves Englishmen. That which I have promised them with the Queen's favour that they shall be kept an intire company under their own officers, and so improved and commanded by their superior officers at all times during their service, and that they shall while in the West Indies receive H.M. pay with all other encouragement both for officers and soldiers as is given to any other troops, and that I ask of you, Sr, as being a service to H.M. They are the first men in armes that ever went out of this Province, or from the shoar of America, and if at first they meet with discouragement I am sure I shall never send from hence one file of Volunteers more. I therefore humbly pray on their behalf that they may be kindly dealt withall and provided so that I may have a good account of them to be made public here, and it will satisfy everybody. I may say to yourself Sr that I have here a verry difficult Province to manage, and it is in your power by a kind reception of these men to repute the service here verry much. Their arms are unsizeable, but I have no store here, neither of Province nor of H.M. to fitt them better, etc." Which being read, and also Capt. Larrimore's Commission, Oct. 19, and the Instructions whereby 'tis appointed that the Captain's pay shall commence from the date of his Commission, and his Company's pay from Dec. 1st last, the Governor required the opinion and advice of the Board thereupon. It was their unanimous advice that in regard the said Company are part of the forces intended for a further expedition, and that there is noe establishment remitted hither yet for their pay or subsistence, that they goe in H.M. ships along with the Admirall in his now intended cruise, and the Board desired the Governor to write a letter to the Admiral to take them along accordingly. Ordered that Joseph Quelch provide 16 iron-bound puncheons for the use of H.M. Fort Charles, and in case that he cannot otherwise gett them, that he impress coopers and materials forthwith to make them, for which the usual rates shall be paid out of the Revenue.
Feb. 12. Col. Dudley's letter and an answer from Admiral Whetstone declaring his thankful acceptance of the Governor's proposal of Capt. Larrimore's Company, read.
Petition of Phillip Bennett, late Rector of Port Royall, ordered to be referred to the consideration of the Assembly now sitting.
Petition of Capt. Thomas Simson, setting forth that being gathering men to goe out a privateering, he was by order of the late Lt.-Gov. strictly commanded to carry two packetts to Adml. Benbow and Admiral Whetstone, etc., read. He was paid 60l., which was placed to acct. of H.M. Revenue. [C.O. 140, 6. pp. 126–130.]
Feb. 11.
320. Minutes of Council of the Massachusetts Bay. Arthur Mason, of Boston, moving to have the publick stores of gunpowder removed from his store-house where they are now lodged, a Committee was appointed to view the house of James Allen sometime since fitted up for that use, and to report their opinion thereof next Council Day.
Thomas Mitchell paid 23l. 5s. for service as pilot of H.M.S. Gosport during her station here.
31s. 1d. paid to the Treasurer of the Town of Boston, being half the charge of repairing the Town House and mending the clock thereof, 1701 and 1702. 29s. 6d. paid to Benjamin Tolman for beating a drum at the Castle for thirteen weeks.
Account of Timothy Wadsworth, gunsmith, referred to a Committee. [C.O. 5, 789. pp. 481, 482.]
Feb. 12.
321. Sir C. Hedges to Governor Lord Cornbury. Acquainting him with H.M. pleasure that Lady Bellomont be allowed six months beyond the time specified in the Bond etc. (See Feb. 22, etc.) Signed, C. Hedges. Endorsed, Recd. March 1, 1702/3. Copy. 1½ pp. [C.O. 5, 1048. No. 29; and 5, 1119. pp. 386, 387.]
Feb. 13. 322. Minutes of Council in Assembly of Jamaica. The House attending, the Governor (Handasyd) gave them an account of the Company that was come from New England persuant to H.M. Order to the Governor there, and that for the present the Admiral had taken them on board for the designed cruize, and desired the House to consider (1) that the Law provides no subsistence for any other officers or soldiers then the two Regiments here, (2) that the Governor has advice of more troops that may be dayly expected to goe on some expedition for H.M. service, (3) that it will be expected during their stay here that they have some refreshment and subsistence. And upon the whole matter he recommended to them to appoint Commissioners to take care for their refreshment and subsistence accordingly. [C.O. 140, 6. p. 439.]
Feb. 15.
Coleman Street.
323. E. Dummer to the Council of Trade and Plantations. The time the Bridgman sloop made her safe voyage to the West Indies:
Sailed from: Arrived:
The Needles, Oct. 22. Barbados, Nov. 18.
Barbados, Nov. 20. Antigua, Nov. 24.
Antigua, Nov. 26. Monserrat, Nov. 27.
Monserrat, Nov. 28. Nevis, Nov. 28.
Nevis, Nov. 29. St. Xphers, Nov. 29.
St. Christophers, Dec. 1. Jamaica, Dec. 6.
Jamaica, Dec. 15. Falmouth, Feb. 2.
The experience of time is three months and 13 days, that but for some interruption at Jamaica and a little difficulty with a privateer of Petitt Guavas in the Narrow of the Windward Passage, he believes he had made his voyage 12 days sooner. He had not lost a man. He was very diligently dispatcht at all the Islands, save at Jamaica, where he was to clean, he spent more time than was allowed him, which was accidental, however the alacrity of the people at all the Islands in assisting his despatches according to his orders is a great demonstration of their satisfaction in this service, for though his motion was so quick, yet he brought home above 1,500 private letters, and the Dutch dispatches from Currassoa. Signed, E. Dummer. Endorsed, Recd. Read Feb. 15, 1702/3. Addressed. Sealed. 1 p. [C.O. 323, 5. No. 2.]
Feb. 15.
324. Journal of Council of Trade and Plantations. Upon consideration of the account received from Mr. Paunceford, ordered that he be desired to inform this Board as Feb. 16.
Sir J. Jeffry's Petition read.
Letter from Mr. Dummer read.
Draught of Instructions for Col. Seymour, appointed Governor of Maryland, was read, agreed upon and ordered to be communicated to him.
Mr. Moor, brother of Mr. Moor, Queen's Advocate in Pennsylvania, desiring their Lordships' favour in procuring some salary for his brother in that employment, the answer formerly returned to Col. Nicholson upon the same subject, Aug. 21, 1700, was considered, and Mr. Moor was thereupon told that if he can find out any fund in that Country out of which such a salary may be paid, it should be considered of, but that otherwise their Lordships did not think it fit for them to propose the doing it out of any part of H.M. Revenue here.
The Memorial on behalf of Capt. Nanfan was again read. Ordered that Mr. Champante have notice to attend the Board, in order to inform them the best he can concerning the state of Capt. Nanfan's account.
Memorandum: That in next writing to the Lord Cornbury, he be advised by this Board not to charge himself with the receipt of any money for the pay of soldiers at New York or other public service in that Province.
Feb. 16 Sir Jeffry Jeffrys attending, and being desired by their Lordships to bring down his proposal to moderate terms, he offered that both the proposed packet-boats should be of equal force and burthen (viz., 150 tuns, 14 guns and 40 men each), and that he would furnish them both for 350l. per month, reckoning 13 months to the year; upon consideration of which proposal after his departure, their Lordships ordered that he have notice to attend again on Thursday morning next, and that it be then proposed to him to make no longer stay at New York than 4 days, and that he take the whole advantage of letters, passengers and goods without any other allowance.
Ordered that a Representation be prepared to H.M. upon the presents made to Col. Dudley by the Assembly of the Massachusetts Bay since his arrival in those parts, and to set forth their neglect of making any settled provision for this salary.
Mr. Champante attending, laid before the Board an attested Copy of a Report of the Committee appointed by the Lord Cornbury at New York for stating the accounts of the Companys there; upon which he observed that they charged Nanfan with the subsistence of the said Companies from March 8, 170 0/1 (being the time of Lord Bellomont's decease) until May 9, 1702; Mr. Champante further alleged that he has not received from the Pay Office here for their subsistence any longer than till Dec. 24, 1701. Ordered that a copy of the Report be kept, and that a copy of Matythew's account, Jan. 4, be sent to Mr. Champante and that he be desired to communicate it to Lady Bellomont, that she may give directions for an answer to such part thereof wherein Lord Bellomont may have been concerned, and that Mr. Champante do also lay before this Board an answer to such part thereof as concerns him, as likewise to what concerns Capt. Nanfan, as far as lies in his power. And upon further consideration of Capt. Nanfan's Memorial, ordered that Graves and Prideux have notice to attend on Thursday, that their Lordships may then enquire of them into the state of their claim against Capt. Nanfan, and know of them whether they be willing he should come for England upon the bail that he has already given into their actions at New York.
Feb. 17. Letter from Mr. Thrale read. Ordered that Capt. Matthews acquaint him that their Lordships desire to speak with him to-morrow morning.
The Secretary, by direction of the Board, wrote a particular letter to Mr. Champante relating to Capt. Nanfan's accounts.
Sir John Stanly acquainted their Lordships that a letter having been prepared by Mr. Secretary Hedges, pursuant to their Lordships' letter to him, Mr. Secretary did desire to be certified that the Lady Bellomont had laid before the Board her accounts mentioned in their said Letter as necessary to be transmitted to the Lord Cornbury, before he despatched that prepared by him, whereupon their Lordships ordered another letter to be sent to Mr. Champante.
The Secretary acquainting the Board that Mr. Taylor had returned some of the accounts of the incidents of this office, which lay before the Lord High Treasurer, and signified his Lordship's Order for some alterations to be made in the method of the said accounts, a state thereof (in the method desired) with a letter to the Lord High Treasurer upon that subject were agreed upon and ordered to be transcribed.
Petition of the inhabitants of Carbonier to H.M. read, and their Lordships entered upon the consideration of a Report to H. M. thereon. [C.O. 391, 15. pp. 420–428; and 391, 97. pp. 129–139.]
[Feb. 16.] 325. Copy of a Report of the Committee appointed by Governor Lord Cornbury to state the accounts of the four Companies at New York. June 27, 1702. The total, March 8, 170 0/1, to May 9, 1702=7,372l. 10s. 6¾d. sterl. Drawn by Capt. Nanfan, 4,308l. 11s. 1d. Signed, Samuel Vetch, Tho. Noell, Mayor, Robt. Livingston, Robt. Lurting. Referred back by H.E., June 30, 1702, "to the same Commissioners who are to report unto me the disposal of the summs so received or drawn as well as the quantum of the summs owing." Signed, Cornbury. Endorsed, Recd. from Mr. Champante, Read Feb. 16, 1702/3. 6 pp. [C.O. 5, 1048. No. 31.]
Feb. 16.
326. William Popple to John Champante. The Council of Trade and Plantations have ordered me to send you the enclosed copy of Captain Matthews's account which was shown to you this morning at their Board, and to desire you to communicate the same to the Countess of Bellomont; that her Ladyship may please to give directions for an answer to such part thereof wherein the late Earl of Bellomont may have been concerned: and that you would also yourself lay before them your answer to such part thereof as concerns you, as likewise to what concerns Capt. Nanfan, as far as lies in your power. [C.O. 5, 1119. p. 375.]
Feb. 16.
327. William Popple to Edward Paunceforte. The abstract which you lately gave me of money paid by the Rt. Hon. the Earl of Ranelagh to Mr. Champante for the use of the four Companies at New York having been laid before the Lords Commissioners for Trade and Plantations; their Lordships do further desire you would please also to inform them what money was paid to the Earl of Bellomont himself, or his Order, at any time before Aug. 1697, when this present account of money paid to Mr. Champante does begin. [C.O. 5, 1119. pp. 374, 375.]
Feb. 16.
328. Minutes of Council [in Assembly] of Barbados. The President acquainted this Board of the sentence of death that had been passed upon Lt. Torraile at a Court Martial' held Feb. 2. The Board advised that execution be suspended until the arrival of the Earl of Peterborough or the Governor. The President and this Board having been advised that M. Casali, who came up in the French Flag of Truce with the French prisoners, had taken upon himself too great a liberty in viewing the bays and fortifications, and in going on board ships, and uttering indecent and dangerous expressions, who ought to be more modest as he is a Messenger from a declared enemy; Ordered that he be confined to his chamber, and do not presume to go on board without leave from the Government, as he will answer the contrary at his peril. For which and other reasons the said Flag of Truce is ordered to be detained for some further time.
Upon the petition of Thomas Reynoldson that the French prisoners be removed from his house, Ordered that they be forthwith removed into James Fort. Reynoldson's petition for reimbursement referred to the Assembly.
James Hannay, Provost Marshall, complaining that the Common Gaol is not strong enough to secure any prisoners, ordered that a survey be taken thereof.
Message from the Assembly that there were but just enough Members in town to make a House, and that two of them were engaged about the selling of negroes, for which reason they adjourned to Tuesday next; and that the Members then present were of opinion that it would be very necessary the Larke brigantine should be fitted out, and that the Treasurer had consented to lay out money for that purpose, which they doubted not would be consented to by the Assembly at their next meeting.
This Board being informed that it is absolutely necessary that a guard be kept in the Leeward Forts, ordered that Col. Haycock's Regiment be appointed, to be relieved by Col. Holder's Regiment.
Ordered that the Colonels of the several Regiments do on Saturday next make exact lists of their men, and report to the President in a fortnight. [C.O. 31, 6. pp. 375–378.]
Feb. 16. 329. Journal of Assembly of Barbados. The Members present being but thirteen, adjourned till Tuesday next. [C.O. 31, 7. p. 35.]
Feb. 17. 330. Stationer's and Postman's Account, Board of Trade, Michaelmas to Christmas, 1702=28l. 18s. 9d.
The Secretary's Account of petty expenses, Michaelmas to Christmas, 1702=12l. 6s. 6d. [C.O. 389, 36. p. 158; and 388, 75. No. 67.]
Feb. 17.
331. William Popple to John Champante. The Council of Trade and Plantations having received from you the account of the Earl of Bellomont to the time of his death, doe think it necessary that you do send to them likewise an account of the money received and disposed of in New York for the use of the four Companies by Capt. Nanfan, that they may be enabled to judge what is due to the said Companies to the time of the Lord Cornbury's Agents entring upon the receipt of their subsistence, and what has been saved by respits since Capt. Nanfan's taking upon him their payment, in order to a fund for the recruits which are now wanting. [C.O. 5, 1119. pp. 377, 378.]
Feb. 17. 332. Jno. Thrale to the Council of Trade and Plantations. Mr. Champante's account does not reach the whole account for the time that Lord Bellomont entred upon the Government to the time of the Lord Cornbury's coming to it. Without having such an account (and also of its being plaine and intelligable do humbly presume it will be of noe effect in coming to the knowledge of its intended end, namely to know whether the subsistence, offreconings and cleerings during that whole time hath been paid to the 4 Companys (or how much), in order to which I humbly hope that there may be such satisfactory vouchers produced as may cleere the acct. given in charge per the Lord Renalagh during that time. Signed, Jno. Thrale. Endorsed, Recd, Read Feb. 19, 1702/3. Addressed. Sealed. ¾ p. [C.O. 5, 1048. No. 32; and 5, 1119. pp. 376, 377.]
Feb. 17.
333. William Popple to John Champante. The Council of Trade and Plantations having discoursed with Sir John Stanley, do think it for Lady Bellomont's service that you do give them to-morrow morning a list of her vouchers to the account which you have already laid before them and on her behalf, particularising the nature of such voucher to each article. [C.O. 5, 1119. p. 378.]
Feb. 17.
334. Minutes of Council of New Hampshire. Thomas Newton produced a Commission for Deputy Judge of the Admiralty under the hand and seal of William Attwood bearing date Nov. 10, which was read, and Newton took the oaths appointed and subscribed the Declaration and Association. [C.O. 5, 789. p. 141.]
[Feb. 18.] 335. Proposals from the Undertakers for producing Naval Stores in New England for two alterations in the draft of their Charter, to the Council of Trade and Plantations. If your Lordships insist on the clause proposed by your Lordships relating to stock jobbing, the Subscribers hope they may have leave to try and sell to such persons as are or shall be of the Company, and pray that it may be qualified to this effect, during 3 years. [Note in margin, 5 years.] They likewise pray their subscriptions may be allowed to be 200,000l. or more, and their stock to be raised and employed in trade to be 100,000l. Signed, Wm. Wharton, Agent. Endorsed, Recd. Read Feb. 18, 1702/3. 1 p. Annexed,
335. i. Estimate of charges the Undertakers for producing Naval Stores in New England must be at for the two first years. Total, 71,400l. Endorsed as preceding. 1 p.
335. ii. Certificate from the Officers of the Rope Yard at Woolwich of the goodness of the hemp and tar produced by Mr. Bridger in New England. Signed, Thos. Rogers, J. Barton. Endorsed as preceding. 1 p. [C.O. 5, 862. Nos. 155, 155. i., ii.; and (ii. only) 5, 910. pp. 402, 403.]
Feb. 18.
336. Journal of Council of Trade and Plantations. Mr. Champante attending, declared that he can add nothing further to the accounts which he has already laid before the Board, but that if Capt. Matthews or Mr. Thrale do make any objections thereunto, he will endeavour to answer them, and in the meantime he affirmed that upon the best information he has had, he does really believe that Capt. Nanfan has accounted for and actually paid the subsistence of the soldiers at New York for the time set forth in his Memorial.
Sir John Stanly again desiring that Mr. Secretary Hedges may be certified of the Lady Bellomont's having had her account before this Board, their Lordships represented to him the necessity of their having also a list of her vouchers to be transmitted with her account to the Lord Cornbury, though the original may yet remain in her hands, whereupon he said he would speak to her Ladyship to send her servant to this office with the said vouchers and list, that they may be compared together, and their Lordships directed that when that is done, a certificate be prepared according to Sir John's desire, as likewise a letter to the Lord Cornbury wherein to transmit the account and list of vouchers aforesaid.
Mr. Graves and Mr. Prideaux attending, and being asked what was the ground of their actions against Capt. Nanfan at New York, they answered that it was for false imprisonment, and further explained that the said imprisonment had been made by Order of the Lieut.-Governor and Council; adding that the Lord Cornbury having proposed to them that the said actions should be tried here, they had refused him, and persisted still in the same opinion, because witnesses that may be useful to them are at New York. They were directed to attend tomorrow. Sir Mathew Dudley attended with other undertakers for the importation of Naval Stores from America, and laid before the Board an estimate of the charges they must be at for the two first years of their undertaking, as also a proposal for two alterations to be made in the draught of their Charter, and a certificate as to the quality of the hemp and tar which Mr. Bridger himself had made in New England, which were read. And those gentlemen being then acquainted by the Board that there are some papers already lodged here in opposition to their intended design, these were read, and copies ordered to be given them, and they were appointed to attend again on Monday, in order to the hearing both parties.
Feb. 19. Mr. Taylor, a servant of the Lady Bellomont, exhibited to the Board several papers as vouchers to her account, but not having prepared an abstract of the said vouchers proper to be transmitted to the Lord Cornbury, he was directed to bring copies thereof, which he promised to do against Monday or Tuesday next, and their Lordships thereupon, at the further desire of Sir John Stanly, certified in a letter to Mr. Seoretary Hedges, that they have no objection against his delivering the letter for respiting her appearance at New York.
Col. Lodwick having been sent for upon the motion of Sir Jeffry Jeffrys for his opinion about the time proper to be allowed the packet-boats under consideration to stay at New York, declared that in his opinion it would be expedient that from Lady Day to Michaelmas they should be allowed to stay 20 or 25 days, and from Michaelmas to Lady Day 30 or 35 days, because the posts from thence to Virginia and Boston do in the summer require a fortnight and in winter a month to go and return.
Letter to the Lord Treasurer, with account, signed.
Representation to H.M. upon petitions of Newfoundland Merchants, with letter to Mr. Secretary Hedges, signed and dispatched.
Mr. Champante, Mr. Weaver and Capt. Hasket attending in relation to the actions brought against Capt. Nanfan by Mr. Graves and Prideaux, who were also present, Hasket laid before the Board several depositions taken here against Graves and Prideaux, and they laid before the Board an account of the proceedings at New York. [C.O. 391, 15. pp. 429–435; and 391, 97. pp. 141–147.]
Feb. 19.
337. Council of Trade and Plantations to Mr. Secretary Hedges. We have received the Lady Bellomont's account (Feb. 3), and it being promised that we shall in few days have copies of her vouchers for the said account, we have no objection against the delivery of the letter for respiting the time of her appearance at New Yorke. Signed, Robt. Cecill, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. [C.O. 5, 1119. p. 379.]
[Feb. 19.] 338. Copy of Depositions of Lawrence Quynes, Charles Macarty, and John Dogett, taken before the Lord Chief Justice Holt and the Earl of Nottingham against Mr. Graves and Mr. Prideaux, late of the Island of Providence. (See Cal. 1701, 1702, s. v. Hasket, etc.) Endorsed, Recd. from Capt. Hasket. 19 pp. [C.O. 5, 1262. No. 23.]
Feb. 19.
339. Council of Trade and Plantations to the Lord High Treasurer. Enclosing acct. of incidental charges of the Board. Signed, Weymouth, Dartmouth, Robt. Cecill, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior. Annexed,
339. i. Account of incidental charges of the Council of Trade,
June 24, 1701—March 8, 1702 157l. 6s. 2d.
March 8, 1702—Dec. 25, 1702 180l. 14s. 6d.
Charge of Commission for adding Mr. Prior to the Board, July 11, 1700 55l.
Charge of Commission for adding Mr. Cecill, Jan. 8, 1702 55l.
The Queen's General Commission for thewhole Board, June 19, 1702 90l. 16s. 0d.
[C.O. 389, 36. pp. 160, 161.]
[Feb. 19.] 340. (i) Account of the proceedings at New York relating to the imprisonment of John Graves and Roger Prideaux.
(ii) Minutes of Council of New York, Dec. 18, 22, 24, 1701. Quoted. (pp. 1–6.) Continues (pp. 7–11):—
(iii) Copy of petition of John Graves and R. Prideaux to Governor Lord Cornbury. Recapitulates events in the Bahamas, Oct. 1701. On his arriving at New York, Lt. Gov. Nanfan granted upon Capt. Hasket's application, a warrant of commitment against Graves without sending for, hearing or examining him, and he was on his coming on shore immediately apprehended and carried to prison, where he remained until the Lieutenant Governor was pleased to send for him in Council, and then without any examination or other proceeding discharged him, and some few days after both Petitioners were apprehended by a warrant from the Lt. Governor and Council, and committed to prison without any cause shewn or examination had of any offence against them, and after having been imprisoned a considerable time, Petitioners were sent for before the Lt. Governor and Council and there maliciously and falsely charged with High Treason and Rebellion, grounded on an information full of absurdities and obscure and general charges, stiled a Memorial by Elias Hasket. Petitioners were then without examination of them or sending for Hasket face to face or other cause, oath or evidence given, by a second Order of Council, though but two consented, committed to the custody of the Sheriff where they have continued to this day, being near five months, in all which time Petitioners could not obtain liberty to be heard or admitted to bail in order to persue their intended voyage, by which practices Hasket obtained his desired end, and without entering into any recognizance to prosecute petitioners, was permitted to depart this Province, and thereby the just prosecution against him before H.M. for his many hainous crimes etc. is prevented etc. etc. Pray that Petitioners may be permitted to depart this Province in order that Graves may appear before H.M. and the Lords of Trade and Plantations and deliver his evidence and charge against Hasket, that due prosecution may be had against him. Signed, John Graves, Ro. Prydeaux.
(iv) Copies of Minutes of Council of New York, May 28, June 5, 1702.
(v) Barne Cosens to Governor Lord Cornbury. In obedience to your Excellency's command, communicated to me in a letter from Mr. Honan, your Excellency's Private Secretary and Secretary of the Province, to transmit to your Lordship the reason, or by whose directions the offers made by Mr. Graves and Prideaux to give security for the surrendering themselves to the Secretary of State in England was not entered by me in the Council Books, I humbly inform your Excellency of the whole proceedings:—Dec. 18, 1701. Governor Hasket preferred a Memorial to the late Lt. Governor and Council which was then read in Council, and Hasket sworn that that part thereof that was within his knowledge was true, and that the rest he believed to be true. The subject matter of the Memorial was declared by the Lt. Governor and Council to be of great importance, and was referred to further consideration, and the Memorial ordered to be entered in the Council Books verbatim, which I did accordingly. On the evening of the same day the Lt. Governor and Council again met at the house of Dr. Staats, then one of the Members of Council (he having been so much indisposed that he could not, as he alleged, attend at the Fort in the morning). It was ordered, nem. con. that the High Sheriff of New York should take Graves and Predeaux together with one Crawford into custody, and should keep and secure them to be forth coming when sent for. To this Order of Council I had added these words, or to this effect [and ordered the Clerk of the Council do prepare a warrant for that purpose immediately]. Mr. Atwood objected that there was no occasion for any warrant of commitment, for that an Order of Council signed by the Clerk of the Council without any cause shewn therein was sufficient for the High Sherriff to secure the said persons till further Order from the Council Board. Whereon the said Order of Council passed without a warrant, or order to prepare any. Dec. 27, 1701, the Lt. Governor and Council being again convened at Dr. Staats' House, Graves, Predeaux and Crawford were called in, and the Memorial of Hasket read to them, and they were examined thereto. Either Graves or Predeaux or both (to the best of my remembrance) insisted on the hard usage they had, that a person displaced for male-administration from his Government and sent home in irons to answer the same, should be forced out of the possession of the persons to whom the charge of him was committed, and set at liberty, and that on this person's oath only they were committed to gaol, when Hasket had not given any manner of security to prosecute them for the crimes he laid to their charge; that the oath taken by Hasket (above) could not by any strained construction be interpreted to be a sufficient cause of commitment, when by the said Memorial it did not appear which part thereof was within his knowledge, and wch. not, neither were the crimes alleadged in the same, if true, sufficient to commit them for High Treason; they desired they might have liberty to proceed on their intended voyage for England, and they were ready to give security in what summ should be thought fit for their rendering themselves to the Secretary of State, and prayed that Hasket might do the same, or otherwise they offered to go prisoners and in irons to England, provided that Hasket was obliged to doe the same. They being ordered to withdraw it was debated in Council if they should be discharged on giving such security, or remanded. Col. Depeyster, Dr. Staats and Mr. Walters were of this opinion. Mr. Atwood declared the crimes laid to their charge to be High Treason, which was proved by Hasket against them, and was a sufficient ground to commit them, and Mr. Weaver and Mr. Atwood declared it against Law to take any security for High Treason, and the Lieutenant Governor joyned in opinion with them. Mr. Atwood alledging that the Council would meet again in a day or two, and that it was advisable that they should in the meantime be remanded to gaol, and that the Lieut.-Governor and Council against next Council Day might consider what was proper to be done, it was ordered that they should be remanded, and Mr. Atwood at the request of the Lieut.-Governor and Council dictated the Order of Council of Dec. 22, 1701, to me, which I read, and the same was approved by the Lt. Governor and Council. On Dec. 24. the Lieut. Governor and Council met again in Council at the Fort in New York, where, to the best of this Deponent's remembrance, Mr. Graves appeared and prayed one Downing, a marriner in the vessel they arrived in, might be sworn, who, being sworn, declared that Hasket had offered him a considerable reward on his arrival here, if he would throw a box Mr. Graves' papers were in overboard, and give Hasket the largest packet therein, but he refused. Afterwards they being withdrawn, the Lieut.-Governor and Council ordered me to enter the Minute of Council of Dec. 24, which I entered accordingly. After this, when the Council were sitting, sometimes Mr. Graves and sometimes Mr. Predeaux came to me with a repetition to the Lieutenant Governor, or the Lieutenant Governor and Council, which were delivered or read by me to the Lieutenant Governor and Council by their order. These petitions (I remember not the contents of) but was ordered by the Lieutenant Governor and Council to take no notice of them in the Council Books. New York, Sept. 21, 1702. Signed, B. Cosens, Cl. Concilii. Sworn before Tho. Noell, Mayor of New York. The whole endorsed, Recd. Feb. 19, 1702. 22 pp. [C.O. 5, 1048. Nos. 33. i–v.]
[Feb. 19.] 341. Memorandum of three Depositions taken before the Lord Chief Justice Holt and the Earl of Nottingham against Mr. Graves and Mr. Prideux. ¼ p. [C.O. 5, 1048. No. 33. A.]
Feb. 19.
342. Council of Trade and Plantations to Mr. Secretary Hedges. Pursuant to your signification of H.M. Commands in relation to the petitions of the merchants of Poole and others concerned in the Newfoundland trade and fishery, we have heard and considered what has been offered to us, and being very much importuned by the merchants to despatch our report thereupon, we send you the same here enclosed that you may please to lay it before H.M. on Sunday next or by the first opportunity. Signed, Weymouth, Dartmouth, Robt. Cecil, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior. Annexed,
342. i. Council of Trade and Plantations to the Queen. Having in obedience to yr. Majesty's commands considered the Petitions of the Merchants of Poole trading to Newfoundland, and of the inhabitants of Carboneer, one of the principall harbours there, together with a Memorial presented to us by several other Merchants concerned in that trade, we thereupon humbly report:— that the said petitioners and merchants do humbly pray that yr. Majesty would graciously please to appoint two or more ships of warr to convoy their fishing ships to Newfoundland, which they design to have ready to saile in the month of March; that another convoy be ordered for their sack ships to sail in May next, and that they may have protections for all their men, both sailing and fishing crews; that they likewise set forth that Trinity Bay, being but three miles overland from Placentia, the chief fort of the French, your Majesty's subjects in those parts have frequently been insulted by the French, who in November last plundered the north side of that Bay and carried away several famillys prisoners; and for prevention of the like mischief for the future, and the better security of the fishing of that Bay they further humbly desire that a fort may be built there at a convenient place, with 20 or 30 guns, and that 40 or 50 soldiers with officers be also sent thither, and 100 small arms, ammunition and what else may be necessary for the said fort, which with the assistance of the inhabitants of that, and the neighbouring harbours (who they propose should be under command of the said officers in the winter season), they believe will be very useful to defend them against any attempts the French may make there hereafter. They further add that Carboneer, a considerable fishing place in Conception Bay, being also in danger of insults from the French, it may be necessary that it be in like manner fortified, and alledge that the same may be done at a small charge. Upon consideration whereof, and upon hearing the said petitioners and merchants, we humbly propose that two or more men-of-war be appointed to convoy the the fishing ships, and two others for the sack ships imployed in that trade and do humbly conceive that for the better security thereof in the time of war, it is necessary that the two first should saile before the end of the next month, and that notice be given to the Ports of Barnstable, Biddiford and other Western towns trading to Newfoundland at what time and in what port of England or Ireland the said ships shall rendezvous in order to their proceeding under the protection of the said convoy; as likewise that the ships from Barnstable, Bristol and Biddiford may have some cruiser appointed to convoy them to the rendezvous as his Royal Highness the Lord High Admiral shall please to direct. We likewise humbly offer that the men-of-war to be appointed for convoys of the sack ships may saile in the month of May next, and that notice thereof be given in like manner as for the fishing ships. And whereas the salt imployed in this fishery is chiefly supply'd from Portugal, we further humbly report that the merchants do likewise desire that a convoy be ordered for their salt ships from Lisbon to Newfoundland, which we think very necessary to be taken care of. As to the forementioned forts, it not sufficiently appearing unto us whether the places, where the merchants desire they may be erected, be such as to defend the said harbours from attacks by sea, and the settlements from attacks by land, we are humbly of opinion that your Majesty may be pleased to order the Commodore or some officer to be appointed by him, to take on board the engineer from St. John's Harbour, and with him to view the said places, and report to your Majesty how the same are fitted for such fortifications, and what may be the charge thereof; whereupon your Majesty will give such directions therein as to your great wisdom shall seem meet and that in the meantime your Maj. would order the said Commodore to do all that in him lies to protect your Majesty's subjects in those harbours, and to put them into as good a state of defence as may be, for the present. Signed, Weymouth, Dartmouth, Robt. Cecil, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior. [C.O. 195, 3. pp. 160–164.]
Feb. 19.
St. Jago de la Vega.
343. Minutes of Council of Jamaica. The Governor acquainted the Board that there was the Ensign and his wife and some men of the Company that came from New England (the four men with the small pox upon them) come to Towne, and that to prevent their perishing, he had taken care that they was put out to nurse att 15s. a week each. And thereupon required the opinion of the Board how the charge should be paid, who gave their opinion that the charge and also the subsistence of the Ensign and his wife att 40s. a week for both be paid out of the Revenue till a fund comes or is raised to reimburse the same to the Revenue.
Feb. 20. 60l. paid to Nicholas Lawes for six months salary as Chief Justice, and 150l. for a bed and furniture of a room, bought of him for the use of the Governor.
Accounts of Harvey Nicholls, Deputy Marshall, referred to Committee. [C.O. 140, 6. pp. 130, 131.]
Feb. 20. 344. Minutes of Council in Assembly of Jamaica. Message from the House sent down that the Justices of the Peace of Port Royal have leave to join with the other Justices of that place to give an account of their proceedings persuant to the two Acts of last Assembly for paying the public debts and subsisting the soldiers. They also requested H.E. to send them a plan of Kingston as it is laid down by Col. Christian Lilly. These requests were granted.
Ordered that any member of this Board that for the future absents himself without leave, or does not give a reasonable excuse, shall be sent for by the Messenger.
Col. Lilly being sent for and bringing the plan referred to above, it was sent to the Assembly.
Conference of the Members of the two Houses who were Members of the Corporation of the Bath of St. Thomas appointed.
Bill to invest H.M. in lands in Kingston for the reception of the sufferers by the late dreadful fire at Port Royal, declaring Kingston to be the Cheif Seat of Trade and head Port of Entry, and fortifying West Chester, sent up.
[Feb. 22.]
Joint-Committee appointed to confer concerning the taking care of H.M. soldiers.
The House desired to know what is become of the Bill abovementioned, the passing of that Law requiring the greatest dispatch for the preservation of this H.M. Island and her subjects, late sufferers on Port Royall, for that the Grand Court being to meet to-morrow it will be very inconvenient that the Assembly should sitt at the same time with that Court. Message returned that the Council have moved the Governor that there may be a full Council at the reading of that Bill, and he had accordingly ordered a full Council to meet on Wednesday, and that in regard the Grand Court is to meet to-morrow, the House has liberty to adjourn to the old Council Chamber. A Conference was held at the desire of the House, and it was reported from the Conference that the House desired it upon account of a mistake that they supposed the latter part of the last message to come to them from the Council, which the Committee of this Board convinced them of the contrary, acquainting them that the latter part of the said message was purely sent from the Governor. [C.O. 140, 6. pp. 439–443.]