America and West Indies
February 1703, 1-10

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Institute of Historical Research

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Cecil Headlam (editor)

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1913

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170-187

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'America and West Indies: February 1703, 1-10', Calendar of State Papers Colonial, America and West Indies, Volume 21: 1702-1703 (1913), pp. 170-187. URL: http://british-history.ac.uk/report.aspx?compid=73590 Date accessed: 22 October 2014.


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February 1703, 1-10

Feb. 1.
Jamaica.
275. Pe. Beckford to the Council of Trade and Plantations. These are to acknowledge the receipt of your Lordships' of the 11th November, delivered me yesterday, opened by our present Governour, Collonel Handisyd, to whom I delivered up the Government of this place the 4th December last, in obedience to H.M. Commission, dated, I think, in June, tho' it did not arrive here till the 3d of the last month [? Dec.]. The Governour has pursuant to her Majesties' Proclamation and your Lordships' commands, appointed a day for a publick thanksgiving for the great success of H.M. Arms in Europe. I wish I could give your Lordships any satisfactory account of the progress of them in these parts, but nothing has been done by our fleet since the death of poor Admiral Benbow, which we are all here but to sensible of. Reer Admirall Whetstone has been with the fleet upon the coast of Hispaniola, but nothing done or attempted at, that I can hear of. Ducass is with his squadron at the Havana; he took in at Carthagena and Puerto Bello about six millions ps. 8. Pray God he may be intercepted. I have made my Lord Nottingham acquainted with what I know and given him my humble thoughts thereon. The Governour will I suppose inform your Lordships of all transactions since December last, so that I have nothing further to trouble your Lordships with, than to assure your Lordships how very ready I shall be on all occasions to express my duty to her Majesty and obedience to your Lordships' further comands. Signed, Petr. Beckford. Endorsed, Recd. 13, Read 15 March, 1702/3. 1 p. [C.O. 137, 5. No. 94; and 138, 10. pp. 421, 422.]
[Feb. 1.]276. Deposition of John Bridger, Feb. 2, 1702, as to illegal trading by Lt.-Gov. Partridge, 1698 ff., and in ship's timber whose scantlings were fit for any of H.M. ships of the third rate to Portugal etc. up to the present time. One of Partridge's ships said to be now actually on a voyage to Lisbon with timber. Signed, J. Bridger. Endorsed, Recd. Read Feb. 1, 1703. 1 p. [C.O. 5, 862. No. 150; and 5, 910. pp. 383–385.]
[Feb. 1.]277. Similar Evidence of Robert Armstrong, late Naval Officer of New Hampshire, based on what Lord Bellomont told him. Feb. 3, 1702. Signed, Robt. Armstrong. 3 pp. [C.O. 5, 862. No. 151; and 5, 910. pp. 386–391.]
Feb. 1.
Whitehall.
278. Catherine Countess of Bellomont to the Queen. Sheweth, that your petitioner, after the death of her husband the Earle of Bellomont was oblig'd before she could return home into England to give 10,000l. security to your Majesty for her appearance at New Yorke in April next, upon account of money pretended to be due to the 4 Companies there, tho' your petitioner is ready to make it appear, whenever your Majesty shall please to order her accounts to be taken, that there is nothing due to the said Companies, of all the money which the late Earle of Bellomont received. After the death of the said Earle of Bellomont, your petitioner received warrants signed by the Lieutenant Governour for the arrear of his salary, as Governour, and for other disbursements made by him where allowed by the Councill, amounting to the summe of 1,289l. 14s. All which is still unpaid, as also an arrear of pay to the said Earle, as Captain of one of the Companies there. May it therefore please your Majesty fforasmuch as the persons who are security for your petitioner's appearance at New Yorke, are lyable to be put to trouble upon account of the said bond, to grant an order under your Majesty's sign manual to discharge the said bond, your petitioner being ready to account here; as also that the warrants due to your petitioner, may be forthwith paid, and the arrear of the late Earle's pay, as Captain, cleared here, the said warrants and arrear of pay being all that has been saved during the faithfull service of the Earle of Bellomont in the Government of New York and New England for almost four years. Signed, Kat. Bellomont. On back., Whitehall, Feb. 1, 1702/3. H.M. has been pleased to refer the above to the Council of Trade and Plantations. Signed, C. Hedges. Endorsed, Recd. Read Feb. 2. 1¼ pp. [C.O. 5, 1048. Nos. 22, 22.i.; and 5, 1119. pp. 366, 367.]
Feb. 1.
Whitehall.
279. Journal of Council of Trade and Plantations. This day being appointed for hearing Lord Baltimore, and Col. Blakiston and Col. Seymour, the Board thought fit, before they called them in, to consider first how the Act of Maryland for ascertaining the Bounds of land, which he complains of, does at present stand, and in order thereunto the said Act was laid before the Board, and the Act ascertaining the Laws of that Province, together with the Representation of this Board Nov. 29, 1699, and the Order of Council thereupon, and the letter from the Board to Col. Blakiston, Jan. 4, 1699–1700, and Minutes of Nov. 19, 1700, were all read. Their Lordships agreed that notwithstanding what is exprest in any of the said apers, relating to the said Laws, the Act now in question concerning the bounds of land and all the rest of the Acts in the same volume, supposing them to be the same as had been past formerly, except that for ascertaining the Laws of the said Province, do continue at present in force. Both parties being called in, and his Lordship in the first place objecting against the usual Instruction to the Governor of Maryland relating to escheats, which he said are his property, he was told by the Board that the said Instruction has been inserted only in order to produce due information of the state of that, as of H.M. other Plantations, and not intended to prejudice his right. As to the Act for ascertaining the bounds of land, several objections were made against it by his Lordship's Agent, and answers returned by Mr. Floyd, a Gentleman of that Province, who accompanied Col. Blakiston, and upon the whole matter the Law appearing to be of that importance to the Province as not fit to be totally repealed, both parties were directed to consult together and prepare some explanatory clause or clauses that might be to mutual satisfaction, and lay them before this Board for further consideration, which they promised to do.
As to the Act for securing of Administrators and executors from doubling of debts and limiting the time for payment of obligations within that Province, mentioned also in the Memorial of Jan. 11, his Lordship was desired to lay before the Board his particular objections in writing against that Act, which he also accordingly promised to do.
Mr. Usher and Mr. Wharton on one side, and Mr. Vaughan with Mr. Partridge, the son, on the other, attending by appointment, the Articles exhibited by Wharton and depositions of Usher, Wybird, Armstrong, and a letter from George Jeffery, Aug. 20, 1702, were read. Usher and Wharton further desiring that Mr. Bridger, who had been summoned in relation to this matter, and was now present, might also declare his knowledge therein, their Lordships directed him to lay his information likewise before the Board in writing, which he promised to do to-morrow morning. Vaughan and Partridge thereupon desiring that they may have copies of all the papers now produced, or to be produced by way of evidence, Ordered that the same be given, them, and that they bring in their answer in writing on Friday next.
Feb. 2.Letter from Mr. Thrale read. Ordered that the Secretary acquaint him as Feb. 2. Ordered that Mr. Champante be communicated with. Sir John Stanley laid before the Board the petition of the Countess of Bellomont relating to the security of 10,000l. which she was obliged to give in at New York for her appearance there in April next etc., which, with H.M. Order thereupon, was read. Whereupon Sir John Stanley was desired to lay before the Board a copy of the Bond therein mentioned; and upon his desire that some care may be speedily taken to stop any presentation upon the said Bond at New York, for the Lady Bellomont's not appearing there in April next, until H.M. pleasure be declared, Ordered that the Secretary do prepare a letter from the Board to Mr. Secretary Hedges for that purpose.
Feb. 3.Copy of Lady Bellomont's Bond read. Letter ordered yesterday approved.
Ordered that the Secretary write to Sir John Stanley as Feb. 3. Ordered that he, Mr. Thrale, Capt. Matthews and Mr. Champante have notice to attend on Friday.
Major John Powel laid before the Board a letter from Mr. Lowndes together with his petition etc. [See Feb. 2], and exhibited an affidavit made by himself before a Master in Chancery to the truth of his account, together with some certificates relating thereunto, signed by Capt. Leake. Some progress was made in preparing an answer to the Lord High Treasurer. Affidavits made by Mr. Bridger and Mr. Armstrong were laid before the Board. [C.O. 391, 15. pp. 400–410; and 391, 97. pp. 89–103.]
Feb. 2.
St. Jago.
280. Lt. Gov. Handasyd to the Earl of Nottingham. I think it my duty to give your Lordship an account of the dismal misfortune that has befallen this Island, by a dreadfull fire which happened on Jan. 9 last at Port Royall, which has left no howse or anything standing but H.M. two Forts, which itt pleased God to preserve; the Assembly is now here sitting, and has made an Act for the settling the Inhabitants formerly att Port Royal on the main, which Act shall be sent, with a plan of the place designed to be settled, by the next of H.M. ships, wch. I suppose will sail very shortly from hence. I have understood that there is Recruits for the two Regiments here att Nevis, and as soon as arrived here shall give your Lordshipp an acct. of them. I am of that opinion your Lordshipp will be troubled with a great many debates about the removing the inhabitants of Port Royall to Kingston, the place designed for the new settlement. But to give your Lordship my oppinion of the matter, being no other way intrested then by the Commission H.M. has been pleased to give me as Lieut. Governor, 'tis absolutely the best place and safe from the enemy, and fittest sittuated in the Island, Port Royall being a place liable to all misfortunes as well as fire. This Island will be in great necessity for all manner of provisions and merchant goods, if not speedily furnished by the merchants, all the principle stores in the Island being burnt to a great vallue, but shall give your Lordshipp a more exact acct. per next. Signed, Tho. Handasyd. Endorsed, R. March 12, 1702/3. Addressed. Sealed. Holograph. 1 p. [C.O. 137, 45. No. 41.]
Feb. 2.
Treasury Chambers.
281.Wm. Lowndes to Mr. Popple. Enclosing following petition to be laid before the Council of Trade and Plantations, to the end that the Lord Treasurer may receive a state of this matter signed by the Lords Commissioners. Signed, Wm. Lowndes. Endorsed, Recd. Read Feb. 3, 1702/3. 1 p. Enclosed,
281. i. Petition of Major John Powell to the Lord High Treasurer. Petitioner being sent with a Company to Newfoundland, and provisions not coming from England as expected, did there at his own proper cost and charge victual the said company June 6, 1701—Aug. 28, 1702, and was at several other charges for H.M. service, the particulars of which are hereunto annexed, and certificates on oath signed by Commodore Leake for the same now lyes before the Hon. Comnrs. of Trade. 1 p. Annexed.
281. ii. Account of 57 days' pay due to Capt. Powell referred to in preceding. Total, 211l. 8s. 10¼d. 1 p. [C.O. 194, 2. Nos. 92, 92.i. ii.; and 195, 3. pp. 145–147.]
Feb. 2.
Barbados.
282. A Skeene to the Council of Trade and Plantations. I must crave leave to informe your Lordships that you will receive per Capt. Knapp, H.M.S. Expedition, the Quarterly Minutes as also the several Acts passed in that time. All the ruled paper your Lordships were pleased to send over is write out. Signed, A. Skeene, Secretary. Endorsed, Recd. 1st, Rdead 19th April. 2 pp. Enclosed,
282. i. Memorandum of Minutes of Council of Barbados, Aug. 25–Nov. 10, 1702. ¼ p.
282. ii. Memorandum of Acts of BarbadosSept.—Nov. 1702. ¼ p.
282. iii. Memorandum of an Act of Barbados, Nov. 18, 1701, confirming titlesof lands and tenements. ¼ p. [C.O. 28, 6. Nos. 94, 94.i.-iii.; and 29, 8. pp. 300–302.]
Feb. 2.
Barbados.
283. James Cowse to Sir Edward Northey. It is not out of disrespect that I have not wrote to you since my arrival, but that Iwas loth to trouble you before I had occasion. I have met with several unexpected delayes here in my suite against my Brother Sharpe, with the particulars whereof my friend Mr. Carter will make you acquainted. I have been here almost nine months, and can neither gett an answer to my Bill noran attachment to compell Mr. Sharpe to make one. I would beg your advice whether it may not be proper to make H.M. acquainted with the ill usage I have met with, after having been once already sent to England upon an Appeale, or what other method I had best to take. If you advise the former, I must also entreat your friendships in the dispatch of it. Signed, James Cowse. Endorsed, Communicated by Mr. Blathwayt. Recd. April 6, 1703. Holograph. 1 p. [C.O. 28, 6. No. 93.]
Feb. 2.284. Lt.-Gov. Handasyd to the Earl of Nottingham. Enclosing Minutes of Assembly now sitting. We have had several great shakes here lately, particularly on Jan. 30. wch. lasted two minutes and was the greatest earthquake knowne in these parts excepting that of ' 92, wch. destroyed Port Royall. Signed, Tho. Handasyd. Ebdirsed, R. March 13, 1702/3. Addressed. Sealed. ½ p. Enclosed,
284. i. Copy of Journal of Assembly of Jamaica, Jan. 14–27, 1703. See under dates. Endorsed as preceding. 10 pp. [C.O. 137, 45. Nos. 42, 42.i.]
Feb. 2.285. John Thrale to the Council of Trade and Plantations. The affair of Atwood etc. being over, I humbly represent that the Lord cornbury having by his letters to your Lordships laine' before you the want of several stores with recruits to be sent over for that Government, and whereas the Virginia convoy will be going in a very little time, I humbly move that what things shall be thought requisite be ordered with all convenient speed, that Province being in a weak condition to make defence against the French and Indians. I also beg that something be done to clear the accts. of the four Companies, March 1699–24th Oct. 1702. Signed, Jno. Thrale. Endorsed, Recd. Read Feb. 2, 1702. Addressed. ¾ p. [C.O. 5, 1048. No. 21; and 5, 1119. p. 362.]
Feb. 2.
Whitehall.
286. William Popple to Mr. Thrale. The Lords Commissioners for Trade and Plantations have ordered me to acquaint you, in answer to your Memorial of this date, that they have now under consideration the report that may be found necessary to be laid before H.M. in relation to stores of war for New Yorke. As to your desire of having some thing done towards the clearing of the accounts of the 4 Companies there from March 1699 to the 24th of December, 1702, their Lordships do expect that you lay before them an account of what is wanting to clear the said accounts for the said time. They further mind you of their desire signified to yourself, Capt. Matthews and Mr. Champante at their Board the 4th of the last month, vizt., that you would meet together to settle between your selves the account of the foresaid 4 Companies from the time of the Earle of Bellomont's going to those parts, and acquaint this Board with the result of that meeting, in order to their further proceedings in that matter; which their Lordships do accordingly expect, and desire it may be speedily done. [C.O. 5, 1119. pp. 364, 365.]
Feb. 2.
Whitehall.
287. William Popple to John Champante. The Lords Commissioners for Trade and Plantations have ordered me to mind you of their desire signified to yourself, Mr. Thrale and Capt. Matthews at their Board the 4th of the last month, vizt. that you would meet together to settle between yourselves the account of the 4 companies at New Yorke from the time of the Earle of Bellomont's going to those parts and acquaint this Board with the result of that meeting in order to their further proceedings in that matter; which their Lordships do accordingly expect, and desire it may be speedily done. [C.O. 5, 1119. p. 365.]
Feb. 3.
Portsmouth.
288. Brigadier Colenbine to [?]. Munday I embarked my Regiment, and yesterday I got a draught of 99 men of Sir Charles Hara's Regiment, a noble body of men. I wish I could do them of my Lord Lucas's the same justice. Encloses list of requirements. If you desire my Lord I shall succeed in my part of this expedition, I must have the things I want, and must fool away no time to please Col. Codrington in the Leeward Islands, to have all my men sick, for I come there just in the hott season etc. Signed, V. Colenbine. Endorsed, R. Feb. 4, 1702/3. 1 p. Enclosed,
288. i. Copy of Memorial sent to the Duke of Marlborough. Request for guns, gunners, spades etc. 1 p. [C.O. 318, 3. Nos. 13, 13. i.]
Feb. 3.
On board H.M.S. Canterbury at the Keys before Port Royall in Jamaica.
289. Rear Admiral Whetstone to the Principal Secretarys of State. Refers to letters of Nov. 25 and Dec. 28, since which a most dismall accident has hapned on the 9th inst. by fire on the town of Port Royall. It broke out about noone, and notwithstanding all that could be done to prevent it, before 12 at night it consumed the whole Towne, leaving nothing but the Forts untoucht to the great damage of the inhabitants and merchants, several persons in the conflagration having also lost their lives, the shipping and country will want the supplies formerly afforded by the Towne, God be praised H.M. owne and the merchant ships are all safe. By letters from New York and New England directed to Admll. Benbow, I perceive there is a large quantity of provisions embarking by H.M. command for her shipping heare, but none yet arrived, nor any of the forces from Europe your Lordshipp's Letters advised Admirall Benbow off. Wee heare but little of the French at present, only that Mounsr. Ducass with about 8 ships of warr is at the Havanna. H.M. ships here begin to be very crasy and much want a releife, noe ships but what came last out being fitt for another year's service, nor to come home in the winter; our complements of men are very short, as by the inclosed account your Lordshipps will perceive, and those we have tho' recovered from sickness are very weake. I will endeavour to make the best of both, and will omitt noe opportunity where we can doe H.M. service. I should have been now at sea myselfe, but the caution your Lordships gave Admiral Benbow to be here at the arrivall of the forces ordered for this place stays me. Our cruisers are out in all parts, where any expectation is to do service. These letters comes in H.M.S. Bristoll, who upon a survey of Carpenters was found very defective in many parts, which inclined mee to send her with these expresses. The Capt. is a good officer, and can give your Lordshipps verbally a good account of the condition of our ships and men here, and some other things which may be of service too tedious to trouble your Lordshipps with here, the heads of which I have given him. In the great consternation the people were in after the fire, haveing all their provisions burned and their habitations utterly destroyed, for their comfort under such afflictions, I put forth a paper to tell them that any of them should be entertained and relieved on board H.M. ships till they could be otherwise provided for, in which I hope I did not doe amiss. By this ship I send home Capts. Kirkby, Wade and Constable. My willingness to serve H.M. makes me unwilling to press for a reliefe, but if your Lordshipps permit me to come home a little for the recovery of my strength, I shall most gladly return hither or anywhere H.M. pleases to command. Signed, Will. Whetstone. Endorsed, R. April 19, 1703. Addressed. Sealed. 2½ pp. [C.O. 137, 45. No. 43.]
Feb. 3.
Whitehall.
290. William Popple to Sir John Stanley, Bart. The Council of Trade and Plantations acquaint you that they have prepared a letter to Mr. Secretary Hedges desiring him to move H.M. that she would be pleased to direct a letter to be writ to the Lord Cornbury to allow six months longer time for the Countess of Bellomont's appearance at New Yorke to answer H.M.'s suit there, beyond the time appointed by the bond, of which you left me a copy; and that it will be necessary that her Ladyship's accounts be laid before this Board, in order to their being sent by the same conveyance. Their Lordships having also appointed that notice be given to Mr. Champante, Mr. Thrale and Captain Matthews to attend them on Fryday morning next; they desire the favour of you, if it may consist with your conveniency, to be here also at the same time. [C.O. 5, 1119. pp. 368, 369.]
Feb. 3.
Jamaica.
291. Lt.-Gov. Handasyd to the Council of Trade and Plantations. In my last I forgot to send your Lordships the Minutes of the Councill, but sent them to the Earl of Nottingham. The enclosed are the Minutes of what has passed since my last, and having nothing to add but that we have had a dismall fire at Port Royal on the 9th of January, consumed the whole town, her Majestie's two forts excepted, which were preserved by the extraordinary diligence and perill of the officers and soldiers, and likewise severall earthquakes, but one on the 30th January, the greatest ever known in this Island excepting what destroyed Port Royal in the year 1692. Signed, Tho. Handasyd. Endorsed, Recd. 13, Read 15 March 1702/3 Addressed. 1 p. Enclosed,
291. i. Memorandum of Minutes of Council of Jamaica, Dec. 7, 1702–Jan. 9, 1703. ¼ p. [C.O. 137, 5. Nos. 95, 95.i.; and 138, 10. p. 423.]
Feb. 3.
Whitehall.
292. Council of Trade and Plantations to Sir Charles Hedges. Having received your signification of H.M.'s pleasure that we should examine the allegations contained in a Petition presented to H.M. by the Countess of Bellomont relating to the accompts of the late Earle of Bellomont whilst he was Governour of New Yorke, and that we should report our opinion what may be fit for H.M. to do therein; we desire you to represent to H.M. that we are taking the best method to inform ourselves of the state of those accompts, for which it is necessary for us to write to New York and to send her Ladyship's accounts to the Lord Cornbury for his objections. But it being represented to us that the said Countess is obliged by bond to appear at the Supream Court of Judicature at New Yorke upon the first Tuesday of April next, and there to answer the Suite of the Queen in a plea that she render and pay unto her Majesty the summe of ten thousand pounds sterling which she is said to owe unto H.M., and the Countess alledging that she is ready to account here; we humbly conceive that H.M. may be graciously pleased to allow the further space of six months beyond the time specifyed in the bond for the appearance of her Ladyship, or her lawfull Attorney, to answer H.M.'s suit as aforesaid, her Ladyship first giving us copies of her accounts in order to our transmitting them by the first conveyance to the Lord Cornbury, for the answer of his Lordship and H.M.'s Councill thereupon; and that H.M. would please to direct that a letter be writ to the Lord Cornbury to that effect that ye sureties be not prosecuted in the meantime for her Lady'ps. default. Signed, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior, Weymouth, Dartmouth, Robt. Cecill. P.S.—We are desirous to have copies of the accounts from the Lady Bellomont before she receive H.M. gracious suspension of proceedings against her. [C.O. 5, 1119. pp. 369, 370.]
[Feb. 3.]293. Copy of Bond of Countess of Bellomont of countersecurity to those who are bound for her appearance at New York in April, 1703. Oct. 7, 1702. Endorsed, Recd. Read Feb. 3, 1703. 1 p. [C.O. 5, 1048. No. 23.]
Feb. 3.294. Minutes of Council in Assembly of Jamaica. Message from the House that they desired the Provost Marshall should attend them. Ordered accordingly.
Feb. 4.Committee of both Houses met and reported that they had come to no conclusions as to expedients for provision to be made for widows and orphans.
Feb. 5.Message sent up that, it being represented to the House by the Committee of Grievances that the bridge between St. Catherines and St. Andrews and the roads on each side being very incommodious, inconvenient and scarce passable, and also the roads to the Bath, therefore the House humbly desire your Honours will give leave to such Gentlemen of the Council who are concerned in the management thereof, to lay before the House an account of your proceedings for their inspection, that speedy measure may be taken for amending the same. Joint Committee appointed. They reported that as to the Bridge Bath, upon considering the Act to oblige the parishes of St. Andrews and St. Catherines to build a bridge over the River Rio Cobree, it was the way-wardens' business to take care of the path and their default that it was not done, and that it was proposed and agreed on as requisite that the Bridge should be taken lower and that the foot of the bridge on both sides should be secured with pyles. [C.O. 140, 6. pp. 436–439.]
Feb. 4.295. John Champante to the Council of Trade and Plantations. Having been desired by John Nanfan, late Lieut.-Governor of New York, to apply for relief against the several hardships he now is under, I humbly presume to lay a state of some of them before your Lordships, and hope your immediate care will prevent his ruine, which must otherwise be unavoidable. For he has been compelled to account for the subsistance of H.M. four companies there from the time of Lord Bellomont's death to May 9 last, whereas I have received, as his Agent, the said subsistence but to Dec. 24, 1701, whereby he has disbursed above 1,700l. more than has been paid to his order here; and yet notwithstanding he has been arrested in an action of 5,000l. in H.M. name, and obliged to find bail to appear to it, though he had before offered to give in sufficient security for the payment of just balance that should appear due from him, by which severe usage he is confined in the Province, to the very great prejudice of all his affairs. And the further to detain him there, several have been encouraged to bring actions against him without any just or legal ground whatsoever, as particularly John Graves and Roger Prideaux, who have now laid actions of 2,500l. each upon him for false imprisonment and who were committed by him and the then Council till they should give in security to surrender themselves to a Secretary of State, upon the oath of Governor Heskett, charging them with very high crimes, and when the last letters came away from thence, he was under the apprehensions of other suchlike groundless vexatious actions. He therefore hopes that there may be such due and speedy care taken of him that without any prejudice to the securities he has been forced to give in, he may have liberty to come for England to answer for his administration of the Government there and to look after his own concerns; and he is now and always shall be ready to state and settle his publick accounts, upon which, as matters stand at present, there is a very great balance due to him. Signed, John Champante. Endorsed, Recd. Read Feb. 5, 1702/3. 1¾ pp. [C.O. 5, 1048. No. 24; and 5, 1119. pp. 371–373.]
Feb. 4.296. Duplicate of preceding. [C.O. 5, 1048. No. 25.]
Feb. 4.
Whitehall.
297. William Popple to Sir Edward Northey, H.M. Attorney General. The Council of Trade and Plantations send you the enclosed Act of the Leeward Islands for naturalising Col. Walter Hamilton of Nevis, and desire your opinion thereupon in point of Law. [C.O. 153, 8. p. 137.]
Feb. 4.
Boyne at sea.
298. Commodore Walker to [? the Earl of Nottingham]. There arriving six East India ships richly laden at Barbados that applyd for convoy, all the Capts. of the men of war beleiveing them of great consequence as well for the considerable customes they are to pay H.M. as the security of that trade, unanimously agreed in opinion that a third-rate should be sent for their convoy, wherefore the expedition was ordered on that service. The feavour and other distempers have raged amongst both the men of war and transports to that degree that if they do not abate there will not be left seamen enough to sail the ships. The soldiers who have been a shoar have been much more healthy, except those quartered in Bridge Towne of Barbadoes, which is a very sickly place, and will always continue so unless the Islanders would take care to have an Hospitall built at some distance from the Town, which by the continual receiving sick persons into their houses has created an infection not easily to be removed. Here having been a kind of cartel settle between Barbados and Martinica, vessels pass to and fro with flags of Truce as they call them, and the French come into the Road and anchor amongst the English ships, and the persons belonging to those vessels passe up and down the Island unmolested, as if there were no war at all between the two Crowns, wherefore I ordered Capt. Knapp to seise a vessell that came to Barbadoes on that pretence, and Col. Wills, that commanded one of the Regiments that quartered in the Town, seised the French men belonging to her that came ashoar, as spyes, who have been tryed at Barbadoes by a Court Martiall, and one of the prisoners is condemned to dye. The Cartel settled seems to me as well as most people in Barbadoes to be only a pretext for a collusive trade between the Islands, and gives opportunity to the French to gain all manner of Intelligence concerning H.M. proceedings in these parts. Besides the sicknesse which sweeps away such a number of our men, a great many have deserted which are hid and sheltered by severall of the Islanders, and tho' I have proposed expedients to prevent those inconveniencyes, yet no measures have been taken for it. I writ to the President of the Island to assist us with men, who gave a list of 74 to be taken out of vessells in Barbadoes Road, but there were not found above 30 of them, the best seamen being conceal'd a shoar. Here are eight sail of men of war at the Leeward Islands, which if well man'd are sufficient alone to encounter all the Naval force the French have in the West Indies; but if the men continue to dye so fast, and no supply be had, they will become onely uselesse hulks. Yesterday I weighed from Barbadoes with the Land forces embarked bound for Antegua. Signed, Hovenden Walker. 4 pp. [C.O. 28, 38. No. 10.]
Feb. 4.
Whitehall.
299. Journal of Council of Trade and Plantations. Letter from John Moore, read. Ordered that the Secretary Cook inform the Board what has already been moved on his behalf and what answer has been returned.
Letter to Mr. Secretary Hedges signed.
Ordered that the Act of the Leeward Islands for naturalizing Col. Hamilton of Nevis be sent to Mr. Attorney General.
Acts of the Leeward Islands, Dec. 1701, further considered. (See Sept. 1702.)
[Feb. 5.]Mr. Thrale, Mr. Champante, Capt. Matthews and Sir John Stanley attending according to appointment, their Lordships acquainted Mr. Champante that it is necessary the Lady Bellomont's account be speedily laid before them in order to their transmitting the same to the Lord Cornbury. Mr. Champante said that he believed he should be able to lay them before the Board on Monday or Tuesday.
Ordered that Mr. Pauncefort be again desired to favour this Board with an extract of all money paid to Mr. Champante at the Pay Office upon account of the Four Companies at New York.
Major Powel attending, and it being observed to him that several of the soldiers at Newfoundland had deserted, so that he ought not to reckon the charge of provisions furnished by him as for the full complement, he answered that all the desertions had been replaced in four days time, and that the charge of doing it amounted to more than the cost of their provisions.
Mr. Usher and Mr. Vaughan attending in relation to the Articles exhibited against Mr. Partridge, Mr. Vaughan laid before the Board an answer to the said Articles, and the proofs thereof that had been communicated to him, wch. was read. Ordered that a copy be given to Mr. Usher for his reply on Tuesday next.
Mr. Champante laid before the Board a Memorial on behalf of Capt. Nanfan which was read, and ordered to be taken into further consideration in the next convenient opportunity. [C.O. 391, 15. pp. 410–414; and 391, 97. pp. 105–111.]
[Feb. 5.]300. Answer of William Vaughan to the Articles exhibited against Lt.-Gov. Partridge by John Usher in the name of William Wharton. (1) Refers to Lord Bellomont's report. (2) Denies that Partridge has ever traded contrary to the Acts of Trade and Navigation etc. As to the Spanish iron, there is no proof of that charge, but only what Armstrong and Richard Wybird swear they were informed by others. (3) Masts and timber are not any of the commodities enumerated in the Act of Navigation, and, as he conceives, are not prohibited by any Law to be carried into any foreign parts in amity with the Crown of England. The masts and timber were not fit for H.M. use. (4) There being no proof of this charge, nor any complaint transmitted to your Lordships by George Jeffries, he hopes your Lordships will not think a letter from Jeffries to Mr. Usher sufficient ground for you to take notice of. (5) There being no proof of any one instance of the Naval Officer's remissness in his duty, or of Mr. Partridge's landing or running any goods contrary to the Acts of Trade and Navigation by means thereof, he conceives a denyall of the fact is all the answer that can be given to so groundless and malitious an insinuation. If your Lordships require any further satisfaction, he prays you will hear Mr. Partridge's Councill. Signed, Wm. Vaughan. Endorsed, Recd. Read Feb. 5, 1702/3. 2 pp. [C.O. 5, 862. No. 152; and 5, 910. pp. 391–395.]
Feb. 5.
St. Jago dela Vega.
301. Minutes of Council of Jamaica. Upon the petition of Capt. Lewis and Mr. Gomersall on behalf of themselves and Mr. Cardoso to be discharged of their Commission of looking after the goods saved out of the fire, in regard that there is none now brought in, and very little left in their custody, and the attendance thereupon is a great charge to them; ordered that William Rogers, Benjamin Willett and Aaron Lamego appraise what is or shall be left between this and Munday, and in the meantime and after, if any claymer appears, that the said Commissioners shall adjudge to have the most probable right (tho' they decline to swear it) to any of the goods remaining in their hands, they may, if they think fit, deliver such goods to such claymer. Ordered that they publickly appoint a certaine day every time they deliver out any goods.
The Governor acquainted the Board that he had sent to the Admiral a copy of an extract of a letter from Paris giving an account of 30 sail of merchant ships coming to Hispaniola with Mr. Marchand appointed Major of the coast in a ship of 40 guns, which was sent here by Lord Nottingham, as also his Lordship's letter of Nov. 14, together with Admiral Whetstone's answer:—(a) Earl of Nottingham to Lt.-Gov. Beckford. Nov. 14 (1702), Whitehall. I rejoice at the good news you send me, and hopes you give of greater successe against the enemy. The enclosed account of our success at Vigo will be noe lesse welcome to you. I desire you to communicate it to Vice-Admiral Benbow, and pray acquaint him that by some intercepted letters from Martinico I understand they are in great want of the men wch. were sent from St. Christopher's to Hispaniola, that orders are sent thither to require them to come away to Martinico. This Vice-Admiral Benbow should endeavour to prevent, and if he be not at Jamaica, I wish some other way could be found to intercept them in their return if they endeavour it. (b) Rear Admiral Whetstone to Lt.-Gov. Handasyd. H.M.S. Canterbury at the Kayes before Port Royal, Feb. 2, 1702/3. I am sorry the circumstances of my legg hindered my waiting on you yesterday. I should most willingly have paid my respects etc. All I can do is to have cruised out in the most likely places. You was pleased to order some soldiers to assist in the Seahorse, which if you please to order at Withywood, he shall sail thither to-morrow to take them in in the Earl galley, according to what I promised I am fitting and shall not exceed the sum I told you. Signed, Will. Whetstone.
The Governor communicated the letter he had now written to Admiral Whetstone, representing to him that in his opinion it will be very much to the advantage of the Crowne and detriment to the enemy that all imaginable care be taken to intercept the ships coming from France and to hinder the relieving Martinico; which was approved of. [C.O. 140, 6. pp. 123–126.]
Feb. 6.
Boston.
302. Minutes of Council of the Massachusetts Bay. An accompt of the charge of erecting a fortification about a trading house for supply of the Indians of Pennicooke at Dunstable near Wattaanack, Co. Middlesex, pursuant to a resolve of the Assembly, Oct. 15, presented to Lt.-Col. Jonathan Tyng, amounting to 79l. 3s. 2d., was examined and approved. [C.O. 5, 789. pp. 480, 481.]
Feb. 8.
Carolina.
303. Michael Cole to William Blathwayt. Dec. 22, Carolina. Arriving here Oct. 4 last found the Governor, Col. Moore, with fourteen sayle of vessels ready to saile for St. Augusteen with 500 men and 300 Indians; they sailed from hence about Oct. 16 and made up their fleet at Port Royal in this Collone, and arrived at St. Augusteen about the 24th, and had been masters of the Town and Castell, had not the scilliness of an indiscreet master of one of the small vessels loseing company went ashore with his boat and was taken prisoner, and gave them two days time to provide, but however they possessed themselves of the town with littel or know resistance, and made themselves masters of their Churches and Abbe (which are large enough to entertaine seven or eight hundred men) and forced them into the Castell, which is regular fortification with foure bastons; the Besegers has raised a battery of 4 guns, but being slenderly provided with amonistion, they cannot do what they would, they have sent a vessel to Jamaica for bomes and carcasses, wch. if they receive, don't dout to be masters of the Castell in a few days after; they are in want of most necessarys in the Fort, wilest our peopell is plentyfully supplied with cattell brought to theare camp every day by teen wight men and fourty of our nabouring Indians, who does nothing else; the country is plentyfully stored with them; wee are heare mighty dissiorus of the good success of that Interprise, for the happinesse of this Collone Depends upon it, which is now very thrifing, and will make at leest 400 tuns of rice this yeare, though the season has been very ordinary for it. If the Garrison be taken, the country dissires to present the Queen with it, which if H.M. excepts will inlarge our Trade with the Indians about 20 Nations, and add to the trade of our wollen Manifactory seven or eight thousand pounds sterling per annum. I shall endevour to bring you the drauft of Portroyall Harbour. I am promised it by a good hand, well acquainted theare, when please God to send me safe for I shall wate upon you, and give you an acct. A great abuse in these parts, which is much to the prejudice to the Trade of the Nation, and will introduce a great Evill—in time will prove twelfe or fourteen hundred pounds prejudice to the publick per annum.
Postscript.—Feb. 8, 1702/3. Bristoll. Since the above, the forces from St. Augusteen is Returned heether without any success, after eight weeks laying seeg to the fort, the forces being undisciplen, men growed w(e)ary, and was for raysing the seeg (the amonisstion from Jamaica not coming); the Governor, Col. Moore, used all the perswassion he could, for to continue it, but soone after this comosion, theare appeared of that barr two Spanish men of war of about 30 or 40 guns each, with a briginteen and a sloop, with releaf from the Havannah, and came to anker at the foot of the barr, so that the besegers could not bring out their vessels, which weare eight in number, the bigest about 70 tuns, the rest from 50 tuns downwards. They continued the seeg three days after theare arrivall; the Enemy darest not attacke to them, but a last finding noe hopes of bringing of theare vessels, they sett them one fier, as also the Town of St. Augusteen with their Churches and Abbe and reduced it to ashes, and so came of sixty miles march by land, the rest by water in theare preaugors; the charge of this expedition will amount to 7, 000l.; they have raysed foure to paye this yeare, the other three the next. Signed, Michl. Cole. Endorsed, R. March 25, 1704. Addressed. Sealed. Holograph. 1 p. [C.O. 5, 306. No. 2.]
Feb. 8.304. Subscribers for producing Naval Stores in the Plantations to the Council of Trade and Plantations. Refer to interview with Mr. Wharton. They conceive their undertaking cannot be so effectually carried on as they intend unless their stock may be 100,000l.; vizt. 75,000l. to be raised in England, and 25, 000l. to be raised by the inhabitants of New England and Plantations adjacent, if they shall think fit; and in order to raise this stock, they may have liberty to subscribe any sum not exceeding 200,000l. They apprehend the restrictions already propos'd by them will effectually prevent the practice of stockjobbing, wch. your Lordships cannot be more jealous of than they themselves abhor; but they cannot submit to the restriction made by your Lordships of not selling any stock within five years, which being contrary to the common right of trade, will discourage some who have already subscribed, and deter others from subscribing to this great undertaking. If your Lordships are not satisfied, the subscribers humbly desire a day may be appointed for their attending your Lordships, in order to bring this tedious affair to a finall conclusion. Signed, Jno. Balfinch, the Cl. Endorsed, Recd. Read Feb. 9, 1702/3. 1 p. [C.O. 5, 862. No. 153.]
Feb. 8.
Whitehall.
305. William Popple to William Lowndes. Enclosing observations of the Council of Trade and Plantations upon Major Powell's account [Feb. 2] to be laid before the Lord High Treasurer:—He has exhibited to us his own affidavit before a Master in Chancery to the truth thereof. More particularly, as for the 1st Article; we cannot judge thereof, it being a matter belonging to the Pay Office, the summe is 27l. 11s. As for the six next Articles; he says he has not brought with him any vouchers or receipts from Newfoundland; but refers to the credit of his own forementioned affidavit. Those six Articles amount to 68l. 19s., carried forward 96l. 10s. Brought over 96l. 10s. 0d. As for the last Article; he has exhibited to us a Paper signed by Commodore Leake, certifying that upon the examination of his accounts it appeared that he is creditor for certain quantities of provisions therein specified, which were imployed in victualling the Company at Newfoundland from the 6th of June, 1701, to the 28th of August, 1702 (both those days inclusive) being in all for 84 days after the year's provisions sent from hence had been expended. And whereas we objected to him that several of the soldiers had deserted and that he ought not therefore to reckon provisions for the full complement, he answered that all those desertions had been replaced in three or four days time, so that the charge of listing the new men amounted to more than the cost of the provisions for those few days. However, as for the value of the provisions furnished, he has shewn us one account, for part thereof, attested upon oath before Commodore Leake amounting to 49l. 2s. 0d. Another account for another part attested in the same manner, and amounting to 22l. 0s. 0d. And an account for another part thereof, certified by Captain Cleland to have been verified before him by the person who sold them amounting to 19l. 10s. 0d.—90l. 12s. 0d. Total 187l. 02s. 0d. Brought forward 187l. 02s. 0d. The remainder having, as he affirms, been paid for by himself in several petty summes, for which he took no receipts, amounts to 24l. 06s. 10¼d. Totall 211l. 8s. 10¼d. These being the observations that have occurr'd to us, upon inspection of the vouchers produced by Major Powell, and consideration of what else he has otherwise offered, for making good the respective Article's of his account, we submit the same to his Lordship's determination. Signed, Weymouth, Dartmouth, Ph. Meadows, Wm. Blathwayt. John Pollexfen, Matt. Prior. [C.O. 195, 3. pp. 148–150.]
Feb. 8.
Whithall.
306. Journal of Council of Trade and Plantations. Ordered that a letter be writ to Mr. Merrit to acquaint him that if he or any other persons concerned in the Trade to Newfoundland have anything to offer to this Board in relation to the security thereof, their Lordships will be ready to receive it on Thursday morning next. The observations upon Major Powell's account were signed and ordered to be sent to Mr. Lowndes, and Major Powel's papers returned to him.
Feb. 9.Mr. Bridger and Mr. Bulfinch presented a further Memorial from the Subscribers for producing Naval Stores in the Plantations, wch. was read; and they further declared their willingness that a Clause be inserted in their Charter to oblige them to bring all the Naval Stores they shall raise in America into England, or other H.M. Dominions in Europe, or to any other of H.M. Plantations in America, where bond shall be given that they shall not be transported from thence to any forrein country. [C.O. 391, 15. pp. 415, 416; and 391, 97. pp. 113–117.]
Feb. 8.
Portsmouth.
307. Minutes of Council of New Hampshire. Mr. Theodore Attkinson's Debenter relating to the charge of wine etc. at H.M. Fort at Great Island, Feb. 5, where several guns were fired for joy of the news of a great victory over the Queen's enemies. Whereas Mr. Sampson Sheafe, Dep. Collector, has informed the Board of four baggs of cotton wool seized for illegal importation, and brought to a trial at H.M. Inferior Court of Common Pleas, where judgment was given for H.M., but the Claimer has appealed to the Supreme Court, the said Collector now moving that noe further proceeding may be had upon said Appeale, but that the cause may be tried at the Court of Admiralty now speedily to be held in this Province according to the Act of 7 and 8 William III; and it appearing to this Board that by the aforesaid Act the cause aforesaid, as well as all other causes of that nature are properly cognizeable before a Court of Admiralty; it is therefore ordered that the opinion of this Board be forthwith certified by the Secretary to the Justices of the Superior Court, that they proceed no further in hearing the aforesaid Appeale, but dismiss the said cause, in order to be heard and tried by such Court of Admiralty, as if said cause had never yet been heard. [C.O. 5, 789. pp. 138, 139.]
Feb. 9.308. An account of money paid by the Earl of Ranelagh to Mr. Champante for the use of the four Companies at New York. Aug. 1697—Jan. 2, 1701. Total, 12,265l. 5s. 4¾d. Endorsed, Recd. 9th, Read 12th Feb., 1702/3. 1 p. [C.O. 5, 1048. No. 27.]
Feb. 9.
London.
309. Reply of John Usher to the Answer of Mr. Vaughan (Feb. 5). (1) Lord Bellomont never had any Instructions or authority to examine whether Partridge had qualified himself as the Act directs. It is not only publickly reported in that Province, but is also positively sworn by Usher that Partridge took upon him to act as Lieut.-Governor before he had qualified himself as the Act directs. (2) The evidence submitted may not be admissible in a trial at Law, but may be sufficient to induce your Lordships to believe Partridge guilty. (3) True that the timber etc. is not one of the enumerated commodities, but whether the sending supplies fit for H.M. service to foreign parts be not of ill example and consequence, and whether a Lieut.-Governor in so doing has a due regard to H.M. interests and service, is humbly offered to your Lordships' consideration. That he did send such timber is positively sworn by Mr. Bridger and Armstrong (Feb. 1). Refers to Lord Bellomont's letters of 1700. (4) It appears by the several affidavits annexed that George Jeffries is a person of reputation and integrity. It appears by the several affidavits annexed (which Vaughan neither can or doe deny) that Partridge is a considerable trader and merchant, and whether it be consistent with the office of a Lieut.Governor or for H.M. service for him to carry on a considerable trade as a merchant, when by being so he has frequent opportunities and consequently is under great temptations of breaking the Acts of Navigation which by his oath he is expressly sworn to observe, etc. Signed, Jno. Usher. Endorsed, Recd. 9th, Read 12th Feb. 1702/3. 5 pp. [C.O. 5, 862. No. 154; and 5, 910. pp. 396–401.]
Feb. 9.
St. Jago.
310. Lt.-Gov. Handasyd to the Council of Trade and Plantations. I send you an Act of Assembly to prevent the resettling of Port Royall, and I shall refer you wholly to Capt. Lilly's Letter [Jan. 30 ?]. But if I may give your Lordships my oppinion, itt had been better itt never had been settled nor ever can be for ye good of the Island to settle there againe, the said Plann of Kingston I shall send to your Lordshipps as soon as it can be got ready. Signed, Tho. Handasyd. Endorsed, Recd. Read April 19, 1703. Enclosed,
310. i. Memorandum of an Act to prevent the re-settling of Port Royal. ¼ p. [C.O. 137, 5. No. 96, 96.i.; and 138, 10. p. 437.]
Feb. 10.
Kingstown in Jamaica.
311. Arnold Browne to the Earl of Nottingham. Refers to letter of Oct. 20, 1702. I understood Capt. Kirkby and Wade should remaine prisoners in these parts till H.M. pleasure should be received. But about Jan. 15 at a Court Martial on board the Canterbury for trying some criminalls, it was proposed sending them home on the Bristol, which I refusing to assent to, the Court Martial was adjourned, and a Council of Warr held, where it was resolved to send them home. Signed, Arnold Browne. Endorsed, R. April 19, 1702. Addressed. 1 p. [C.O. 137, 45. No. 44.]