America and West Indies: August 1698, 6-10

Calendar of State Papers Colonial, America and West Indies: Volume 16, 1697-1698. Originally published by His Majesty's Stationery Office, London, 1905.

This free content was digitised by double rekeying. All rights reserved.

'America and West Indies: August 1698, 6-10', in Calendar of State Papers Colonial, America and West Indies: Volume 16, 1697-1698, (London, 1905) pp. 368-374. British History Online https://www.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol16/pp368-374 [accessed 19 April 2024]

August 1698

Aug. 6.
Virginia.
729. Edmund Jenings to Council of Trade and Plantations. Forwarding duplicates of the Minutes of Council from 7 March, 1697, to 1 June, 1698, and further minutes to the 20th of August. Signed, E. Jenings. ¼ p. Endorsed, Recd. Read 13 March, 1698–9. [Board of Trade. Virginia, 6. No. 58.]
Aug. 7. 730. Minutes of Council of Maryland. Report being made that Robert Mason was in good health, it was ordered that he and Philip Clarke be brought before the Council as soon as possible. Orders as to distribution of arms. [Board of Trade. Maryland, 13. pp. 580–581.]
Aug. 8. 731. Minutes of Council of Massachusetts. Order for a commission for trial of a woman for murdering her bastard child. Order for payment of £20 to Thomas Weld, minister at Dunstaple, and of £24 to Isaac Addington for fees due to him. [Board of Trade. New England, 49. pp. 167–168.]
Aug. 8. 732. Minutes of Council of Nevis. Letter from the Admiralty read, announcing the coming of H.M.S. Queenborough, and giving directions for the despatch of H.M. ships Norwich and Sun, prize, with the homeward-bound convoy. Proclamation continuing all officers in the Leeward Islands in their places. [Board of Trade. Leeward Islands, 64. pp. 473–474.]
Aug. 8.
East India
House.
733. Secretary of the East India Company to William Popple. In reply to yours of the 5th I send copies of the depositions of Michael Alderson and Benjamin Franks. Captain Warren has told us that he would attend the Council of Trade to obtain a warrant for bringing them ashore in safe-custody. Signed, Ro. Blackborne. ½ p. Endorsed, Recd. 4th, Read 5th Aug., 1698 (sic). Enclosed,
733. I. Deposition of Benjamin Franks. I lived for some years in Barbados and Jamaica, trading in several parts of the West Indies, and latterly losing £12,000 through the earthquake and enemies. I then went to New York, where I met Captain Kidd, who had come out with a full power (which he showed me) to the East Indies to take pirates. I resolved to go with him and to remain there wherever I could follow my profession of jeweller. We sailed from New York on 6 September, 1696, in company with a Bermuda brigantine, bound to Madeira. There we met a Barbados brigantine and furnished her with some rigging and canvas which she required. A day or two afterwards we spied a ship which we came up with after three days' chase, and found to be a Portuguese ship from Brazil to Madeira. Captain Kidd exchanged presents with the captain. From Madeira we went to Bonavista and took in salt, thence to St. Jago and took in water and provisions, and then steered for the Cape of Good Hope. Before we reached those latitudes we met three English men-of-war and a fire-ship under Captain Warren, who told me that Kidd's commission was good and that he could not molest him. Kidd promised to spare the Commodore twenty or thirty men, and a day or two after he went on board one of the men-of-war, and returning much disguised in drink left the squadron without furnishing the men. We did not put in at the Cape but held straight on for Madagascar, and took in water and provisions at a place called Talleer. While we were there a Barbados sloop came in, which followed us the whole way to Johanna and on to Mohilla, though Captain Kidd told them several times to begone, and back to Johanna. Thence we sailed for India and touched at a place called Motta, where the natives refused us water, whereupon the Captain sent two armed boats ashore, which brought off provisions and six natives, for two of whom he demanded and obtained two cows and two sheep ransom. The other four escaped. From thence we went to the Babs and anchored to wait for pirates, but (as I was told, for I was very ill at the time) none came. But in August seventeen sail came in and Captain Kidd weighed and stood among them. Next morning one of the fleet began to fire at us, whereupon they all did the like and our Captain answered, but at last perceiving English and Dutch colours did all that he could to get away. Off St. John's he met a small vessel under English colours, chased and plundered her. He afterwards put into Carwar, where I gave him a beaver to let me go ashore, Most of his men seemed dissatisfied and anxious to escape. Sworn at Bombay, 10 October, 1697. 3½ pp.
733. II. Deposition of Nicholas Alderson, I shipped myself with Captain Kidd as a mariner. He told me that he was going to Madagascar as a privateer to put down the pirates, and that if he found them not there he would proceed to India and the Red Sea to look for them. Here follows a confirmation of the narrative of the voyage, as given in preceding abstract up to the time of the Adventure's reaching the Babs. We lay a month or five weeks to wait for the pirates, and at last the Guzerat fleet came out from Mocha, when the Captain weighed and, without acquainting any man of his design, fell in the midst of them that night, but did nothing. Next morning there was little wind and the fleet began to fire at us, and Captain Kidd seeing English colours immediately got out oars. The breeze sprang up and the man-of-war (for such she was) chased us. We escaped her and made for the highlands of St. Johns, I suppose to pick up stragglers from the fleet, and then chased and plundered a ship under English colours. The people were tortured to make them confess where the money was, and the master was carried off to act as pilot. At Carwar I and eight more, finding ourselves to be on board a pirate, made our escape. Sworn at Bombay, 19 October, 1697. 2½ pp. Endorsed, Recd. 8th. Read 9th Aug., 1698. [Board of Trade. Plantations General, 4. Nos. 124, 124I. II.]
Aug. 8. 734. Journal of Council of Trade and Plantations. Order for a letter to Mr. Lowndes asking for payment of the salaries of this Commission up to Ladyday last.
Captain Warren gave information as to certain difficulties in bringing two of Captain Kidd's men before the Board, and added intelligence as to an action recently fought between two pirate ships and H.M.S. Adventure off the Isle of May.
Aug. 9. Captain Warren brought in one John Blacon, who gave information as to the pirate-settlement at Madagascar and the ships that resorted thither from New York. Order for one Dann, lately Every's mate but pardoned, to attend the Board to-morrow. Mr. Blackborne's letter of 8th inst. with two depositions (No. 733) received and read.
Representation covering Colonel Blakiston's draft commission signed and sent to the Privy Council.
Aug. 10. Consideration of Mr. Walrond's papers begun, but deferred until the Board can speak with him to-morrow.
The papers sent by Mr. Blackborne on the 4th concerning pirates read. Order for enquiry to be made of Lord Bellomont and the Governor of Barbados as to what is become of Captain Baldridge. Governor Goddard's letter of 7 July read, and order given that in the next letter to him enquiry be made as to Daniel Smith and the fitting out of Tew's vessel in Bermuda, also as to the Americans kept in Bermuda as slaves.
Aug. 11. Mr. Walrond's letter of yesterday, enclosing several papers, read (No. 741). Mr. Walrond attending was told that in attesting the general truth of his papers he had sworn to things which he could not possibly know, and was directed to make affidavit only to such matters of fact as he could attest of his own knowledge.
The Bishop of London's letter of 9th inst. as to the instructions for the Governor of Virginia received (No. 737).
John Dann, seaman, gave information as to his voyage with Every in the Fancy, from Corunna to the Guinea coast, where they took ships with forty pound weight of gold-dust, thence round the Cape to Madagascar, where they victualled, thence to the Babs of the Red Sea, where they took a large ship, thence to Rajapore on the Malabar coast, thence to Mascareen, where they put fifty of their men ashore, thence to the Bahamas, where they paid 2,500 pieces of eight to Governor Trott, and dispersed. Every brought home £2,000; Dann and others £500 or £600 apiece. He thought the Straits of Malacca a better place to ply for booty than the mouth of the Red Sea. Mr. Yard's letter of 9th inst. as to the appointment of Commissioners for Captain Warren's expedition was read (No. 735), and the Board gave directions for an addition to the heads of instructions prepared for them.
Aug. 12. On a request of Mr. Yard for information concerning pirates, a copy of the Journal of the Board for the 9th inst. was sent to him. Order for copy of John Blacon's deposition (No. 743) to be sent to Lord Bellomont. [Board of Trade. Journal, 11. pp. 167–180.]
Aug. 9.
Whitehall
735. Mr. Yard to Council of Trade and Plantations. The King has resolved that Commissioners shall be appointed to accompany the squadron designed for suppressing the pirates in the East Indies, to take an account of the money and other effects that shall be seized from them. The Lords Justices desire that you will draw up a draft of instructions and powers for them. Signed, R. Yard. ¼ p. Endorsed, Recd. Read, 11 Aug., 1698. [Board of Trade. Plantations General 4, No. 125; and 34, p. 316.]
Aug. 9.
Whitehall.
736. Council of Trade and Plantations to the Lords Justices of England. We lay before you a draft commission prepared for Nathaniel Blakiston. Ascertaining from Sir Charles Hedges that in his opinion the clause, empowering Governors to commission captains to execute martial law on board ship, is not safe nor advisable in its old shape, we have added after the words "law-martial" the words "according to the directions prescribed in an Act of 13 Car. II. for the establishing of articles for the better government of the King's Navy. Signed, Ph. Meadows, John Pollexfen, John Locke, Abr. Hill. [Board of Trade. Maryland, 9. pp. 203–204.]
Aug. 9.
Fulham.
737. The Bishop of London to Sir Philip Meadows. Lord Bridgewater the other day showed me the heads of some instructions prepared for the Governor of Virginia in relation to church affairs. For this I thank you and the Council, but I must observe that unless you order something more particularly as to collating benefices I fear you will have no fruit of your instruction. You know that a collation to a benefice is when the Patron and Ordinary are one, as when a bishop is patron in his own diocese. Thus the King as Supreme Ordinary, where a benefice is in his gift, commands the bishop as his minister to give institution, and in that case may be said to collate. But when any private person or corporation is patron, the King is no otherwise concerned than to put in a clerk by his Royal Jurisdiction, in case the patron present not within a limited term. Now in Virginia I cannot at present come to see the law in that particular, but the practice there has been for the vestry of each parish to choose their own minister and present him to the Governor, before he could put him in. The abuse hereupon has been that the parishes often take a minister upon trial and never present him whereby he may have a legal title to his dues, and so they use him as they please, allow him what they think fit, and thus make his place so precarious that it discourages men of ingenuity to come among them. For remedy to this I propose, allowing that their law gave them a right of presentation, that by virtue of the King's supreme ecclesiastical jurisdiction, as in other parts of the kingdom, the Governor then should in his right upon lapse immediately collate to the place, though by virtue of the jurisdiction conferred on me by the King I might challenge the lapse after the first six months and the King even after. I offer also that my Commissary may continue to be of the Council. It gives him more consideration among those people, who are too apt upon the smallest occasions to contemn his slender authority. He is a discreet man, and will, I am sure, give no offence, but do what good he can. However, I must submit to your better judgments, if my entreaty may not prevail, for I shall not contend with so considerable a body. Signed, H. London. Copy. 1½ pp. Endorsed, Communicated to the Board by Sir P. Meadows. Recd. Read, 11 Aug., 1698. [Board of Trade. Virginia, 6. No. 59.]
Aug. 9. 738. Journal of Assembly of Barbados. Bill to ascertain the rights and powers of the Assembly passed, and sent to the Council, where it was passed and received the Governor's assent. Bill for printing the laws to empower the Assembly to establish Agents, concerning General Sessions, and to settle £500 a year on the Governor, passed. Order for payment of £250 to the Governor to furnish his cellar with liquors. Addresses passed for payment of the salary to the keeper of the magazine and for payments to William Rawlins for printing the laws. The above bills and addresses were then brought up to the Council. Committee appointed to inquire and report as to the Naval Officers' fees. [Board of Trade. Barbados, 65. pp. 303–305.]
Aug. 9. 739. Minutes of Council of Barbados. A Judge of Common Pleas sworn. Two letters from Captain Cutter of H.M.S. Bonaventure and Captain Bowles of H.M.S. Sheerness read, asking for money to buy provisions for their voyage home. They were ordered to bring in an account of their complement of men in time of peace and a computation of their allowance at six [rations] to four [men] for three months. Letter to Captain Colsea of H.M.S. Speedwell to attend with the depositions against certain of his men. He attended accordingly, and the depositions were handed to the law-officers for their opinion. The Governor and Council took the oaths as judges in equity. The Assembly brought up a bill to ascertain their rights and powers, which was thrice read and passed. Mr. Heberlands's accounts passed and payment ordered. Orders as to sundry petitions for payments. The Assembly asked for a new writ for the election of a new member in place of Thomas Merrick, and presented an address for payment of £300 to Mr. Rawlins for printing the laws, and of £200 to the Governor, also Acts to allow the Governor £500 in lieu of a house, and an Act for printing the laws.
Aug. 10. Edward Lascelles and Charles Thomas gave Captains Cutter and Bowles credit for £800, on their promising to indemnify them if the sum be demanded by the Lords of the Treasury. [Board of Trade. Barbados, 65. pp. 363–365.]
Aug. 10. 740. Minutes of Council of Maryland. Colonel Lowe reported that Philip Clarke was ready to lie down, whereupon he received permission not to bring him before Council if unfit to appear. Circular to the sheriffs as to procuring birds for the King. Copy of a letter written to Sir Edmund Andros on 15 December, 1696, with depositions against John Coode for blasphemy and other documents, also of the Governor's letter to Sir E. Andros of 19 Feb., 1697, and subsequent letters, with Sir Edmund's reply of 13 July, 1698. [Board of Trade. Maryland, 13, pp. 581–601.]
Aug. 10. Islington. 741. Edward Walrond to Council of Trade and Plantations. I enclose papers received from Mr. Lucas, by which you may perceive the fatal consequences of sending Governor Codrington copies of the papers laid before you by him and me. The precedent will, I fear, discourage the bringing of information against Governors to the Council of Trade. I myself have suffered thereby, but others who have no concern in the plantations agree that nothing can be more destructive to them than the usage of transmitting complaints unless the complaining persons be first secured against arbitrary power. Governor Codrington has reached to that pitch of injustice that if all the ill practices of the Governors of the West Indies since their first settlement were summed up together, they would not be tantamount to his in number and quality. I hope that in your good time you will check these exorbitances by representing them to the King. Signed, Edward Walrond. 1 p. Endorsed, Recd. 10th. Read 11th Aug., 1698. Enclosed,
741. I. John Lucas to Edward Walrond. Antigua, 23 June, 1698. Since my last I have been presented in two indictments at Sessions. The Grand Jury threw out the bill. They now proceed by way of information, Perrie my accuser, nothing filed until the court is called, Palmer the counsel. See the papers enclosed. Unless speedily relieved I must be destroyed. My wife and children being terrified I sent for two of my sons, believing that they might be safer with me in prison than at home. One of them died, which was a great grief and sorrow. God has sent us a very sickly time, a raging malignant fever which none have yet escaped. The Governor has lost his son John, a hopeful young gentleman; I am sorry for it. They ground their information upon no statute. I want counsel, so fear shall perish. Your brother-in-law is very ill and distracted, poor honest gentleman. You are the only gentleman that knows me that I depend on. If you procure an order, take care that it be delivered by a safe hand, for fear of breaking open letters. Take care of Mr. Blake, a dangerous man. Signed, John Lucas. Postscript, 25 June. Yesterday Sessions were held. The minister Slade took his oath against me and did his utmost. The jury found me guilty and the Court fined me £100, with imprisonment till paid, and after payment I am to be bound over till next Sessions, which hinders my coming home. All persons they could imagine were my friends were summoned as evidences, a good precedent to discover their actions. If a Commission comes to examine witnesses, most of what is contained in my writing will be made out. If there be any command for me to come home, send it by a safe hand. The Governor is sueing me at Falmouth Court for £5,000 damages, so I must remain a close prisoner. Nothing but ruin threatens unless you succeed. Observe how cruelly I have been used, and £5,000 bail demanded when the Court thought the King was demnified but £100, and bail for £500 had been given before. So stands the case. Signed, John Lucas. 2 pp.
741. II., III. Returns of the Grand Jury, throwing out two indictments against John Lucas. Copy. ½ p.
741. IV. Information against John Lucas on the letter signed John Johns Sonn. 2½ large pages. [Board of Trade. Leeward Island, 5. Nos. 110, 110 I.–IV.]