|
Jan. 16. |
192. Lords Commissioners of the Admiralty to the Queen.
Since our attendance upon your Majesty yesterday morning
in Council, we have discoursed with Mr. Blathwayt as to the
orders to be given to your Majesty's forces going to, and already
in, the West Indies. Recommended that Col. Colombine's Regiment
be sent away as soon as possible to strengthen the forces under
Col. Codrington at the Leeward Islands, and, if it be not done
already, that they, together, attack the French Cariby Islands,
viz., Martinico and Guadalupe, and endeavour the entire
destruction of their Plantations and settlements on them, bringing
away the inhabitants to England, as we formerly proposed.
That, if it be thought feasible by a Council of War, they do
attempt the taking of Fort Royal du cul de sac at Martinico, and
if they take it, leave one compleat Regiment for the security of
it, and that they govern themselves by the resolution of a Council
of War, whether after their landing, they shall first attempt the
said Fort, or begin with the destruction of the settlements upon
the Island. When the service is over at Martinico and Guadalupe,
we conceive it will be necessary to compleat the Regiment now
at Nevis, and which is to continue there, and that the rest of the
forces do embarque for Jamaica, and after having recruited
the two Regiments belonging to that Island, up to their full
complement, which in regard to the health of the men who are
to go further, ought to be done in as short a time as possible,
the remaining part should proceed with Vice-Admiral Benbow
to Newfoundland, and endeavour the taking of Placentia, and
such other services as a Council of War shall judge reasonable to
be undertaken. But if when the forces from Martinico are come
to Jamaica and join'd Vice-Admiral Benbow, he thinks he shall
be too early at Newfoundland for the service intended there,
your Majesty will in that case be pleased to order him to call
at New England, and get what supplies of men he can from
Col Dudley, the Governor, to assist him in his attempt upon
Placentia, which is represented as a place of strength, and further
direct him to take care of and furnish those men with provisions,
and passage along with him, upon this enterprize, giving them
assurances of your Majesty's protection and favour, and that
he does the same to such as shall come to him from New England
to Jamaica, which we are informed by Mr. Blathwayt 300 intend
to doe. And to prevent all delays in your service, your Majesty
will please, that upon the arrival of the Resolution at the Leeward
Islands an express be despatched to Vice-Admiral Benbow with
notice of what is intended, that he may have his ships in a readinesse to sayle, against the time that the forces abovementioned
shall come to joine him. Signed, G. Rooke, D. Mitchell, Geo.
Churchill, Richd. Hill. 3 pp. [S.P. Naval 7.Under date.] |
[Jan. 16.] |
193. Reasons why the united Forces of England and Holland
should sail without delay to the West Indies. Now is the most
proper time for an attempt upon the Spaniards in the West
Indies, when the destruction of the French and Spanish ships
at Vigo hath put the first under an impossibility of sending a
fleet to oppose the confederate Navy and the latter under the
highest consternation. . . . Without the acquisition of a Port
such as the Havana and some others, such as may secure our
Fleets, where we may lay up Naval Stores, refit and clean our
ships, our Trade to Jamaica and other parts cannot be safe.
In no part where the Enemy can be attacked can there be such
hopes of success, nor such great advantages to the Confederacy
(particularly to England) from a happy event, since the opening
a Trade with the Spaniards in America hath an immediate prospect
of returning bullion for our manufactures, and is the only possible
amends to be made the merchants in generall for the interruption
of Trade in Spaine, the Mediterranian and elsewhere. Nothing
can so effectually prejudice the Family of Bourbon or advance
the interests of the House of Austria, since a fixed footing and a
secure Port in America must let the Spaniards see that nothing
but a Treaty in favour of the House of Austria in a generall Peace
can secure them the enjoyment of their Country or the benefit
of Trade. . . . These forces joyned with those of New York, the
Jerseys and New England might easily take Quebec, and drive
the French entirely out of Canada, a design of the highest
importance in itself and a preservation to our Northern Colonys,
which by that great establishment must in time be undermin'd
and destroy'd. For that design this is the very season, it would
recover troops diseased by the services against the French Islands.
No signature. Endorsed, R. Jan. 16, 1702/3. 2¼ pp. [C.O. 318, 3.
No. 7.] |
[Jan. 16.] |
194. Copy of Mr. Atwood's reply to the Lord Cornbury's
Reasons (as certified by Mr. Honan), for suspending him from
the Council of New York. Respondent, humbly submitting
what would be the consequence if Governors in remote Plantations
should be suffered to exercise original jurisdiction over judicial
proceedings and acts of State under former Governments and
to assume the offices of Judge and Juryman, and if the bare
certificate of a man so notorious for aiding and abetting pyrates
and other foul practices as Honan, should be admitted for a
charge against a Judge, whose impartial judgements for the
Crown have raised great clamours from open violators of the
Law, begs to represent (1) He is not to be thought charged in
any particular by the Lord Cornbury, since nothing appears
under his hand, to subject him to an action, if the accusation
prove groundless, and the original, if any such there be, is in
his own custody. (2) His Lordship, though he actually suspended
this Respondent June 9th, has hitherto given no reason according
to the Trust reposed in him, the supposed reasons not being
certified by himself. (3) In the preluded reasons, 'tis said his
Lordship was soon after his landing presented by a great number
of the principal inhabitants with 33 articles against respondent
with a great number of affidavits to support and justify them,
and yet no article appears with anybody's hand to it, neither
has his Lordship or Honan transmitted any one pretended
proof prior to the suspension. (4) All the supposed proof rests
upon the credit of Honan's certificates, and if the Attorney
General Broughton, who would have his inactivity and coldness
in the service of the Crown pass for cause of censuring Respondent's
zeal, in conjunction with the late arbitrary Mayor and Rip Van
Dam, provoked by that lenity which accepted of his acknowledging
his offence, have succeeded in their labour to get affidavits to
colour a suspension first pronounced without any one pretended
proof of the grounds, it is to be presumed that they have made
such interlineations and charges that they dare not suffer the
originals to be seen. The affidavits not being taken in any
Court nor capable of being on record, no copies of them can be
evidence. (5) If such papers could be admitted for evidence,
it would appear that all the imagined grounds to colour the suspension are founded upon judicial proceedings, wherein if there
be error, the Law has appointed a proper method of reversal, till
then the Judgments in the Supreme Court and Sentence in the
Vice-Admiralty ought to be looked on as inviolable, and to
countenance reflections upon them would be a great prejudice
to the course of Justice, especially in the Plantations, where that
course is too frequently stop'd at the solicitation of offenders.
(6) No examinations ought to have been taken by the Lord
Cornbury against Respondent, unless in relation to corruption
or some practice foreign to the office of a Judge; indeed the
supposition that this Respondent demeaned himself unduly,
unjustly and corruptly was declared as the ground for the suspension pronounced, but neither before nor since was there the
least proofe to colour it. (7) If the Lord Cornbury had authority
to try causes over again originally in his Chamber, and should
have found that there was cause for Respondent's being suspended,
yet by virtue of the act continuing all Commissions which were
in force at the demise of the late King, his Lordship could not
suspend, having no authority to make void the Commissions
which were to be in force six months after the demise etc. (8)
In any case, his Lordship's power was unjustly executed, the
suspension being pronounced before any proofe upon oath and
without communicating any particular ground to Respondent
or hearing what defence he could make. (9) The only colour
for Respondent's suffering what he has hitherto done is from
the authority and reputation of a Governor who labours to make
good his undue censure, the real grounds for which cannot be
set in a true light without shewing wherein his Lordship would
excuse his manifest renouncing the authority of an English
Governor by breaking the Laws of Trade and protecting the
notorious breakers of it from justice, imprisoning the Sherif of
the County and City of New York in the Fort, for not giving
liberty to a condemned traitor, who fully and freely confessed
his crime, suffering such prisoners to escape and encouraging one
of them to bring actions of 10,000l. each against his Judges,
violating the rights of the City, taking away the freedom of
elections to the General Assembly and by such means procuring
a majority to his mind, with other enormities, whereby he has
forfeited that reputation, the presumption of which is to supply
a total defect of evidence. Respondent hopes he shall not be
obliged to make any further or more particular answer till he
shall have obtained leave to exhibit articles against the Lord
Cornbury and one of his instruments, Attorney General Broughton,
upon examination of which it will appear that if this Respondent
would have connived at illegal trade, scurrilous reflections upon
H.M., and a manifest defection from the Crown, he might have
still enjoyed his offices with plenty and outward peace, etc.
Signed, Will. Atwood. Endorsed, Recd. Read Jan. 16, 1702 (3).
Copy. 4 pp. [C.O. 5, 1084. No. 16; and 5, 1119. pp. 335–341.] |
Jan. 16. |
195. Minutes of Council of Jamaica. Ordered that the
Receiver General buy up for the use of the Governor a handsome
bed and bedstead, with all other furniture suitable for a lodging
room. |
Petition of Benjamin Wales, setting forth that his wife was
taken away from the North side by a French privateer and a
servant of his also, and praying that a Flag of Truce may be sent
to demand them, recommended to the Admiral, requesting him
to send one of H.M. vessels to Leogane to demand them. [C.O.
140, 6. p. 116.] |
Jan. 17. |
196. Memoranda [by William Blathwayt], as to Col. Colembine's Regiment, etc. 1 p. [C.O. 318, 3. No. 8.] |
Jan. 17. St. James's. |
197. Order of Queen in Council. Copies of such papers only
to be given to Mr. Atwood and Mr. Weaver, upon their desire,
as have been transmitted by the Lord Cornbury to make good
the charge sent over by his Lordship against them, it being H.M.
pleasure that the matter of the said charge etc. be heard before
H.M. at this Board on Thursday next without any further delay.
Signed, John Povey. Endorsed, Recd. Read Jan. 18, 1702/3.
¾ p. [C.O. 5, 1084. No. 17; and 5, 1119. pp. 341, 342.] |
Jan. 17. Boston, Lords day. |
198. Minutes of Council of the Massachusetts Bay. The
Hon. Thomas Povey, L.G., communicated to the Council the
intelligence he had received this day by letters from the County
of Barnstable directed to H. E. (who is not at Piscataqua) of
the surprizing and taking of two or more of our sloops, and a
whale-boat or two at Cape Cod by a French sloop upon Friday
last. Advised, that H. E. make out an order for taking up of
a suitable vessel to be forthwith equipped, armed, victualled
and manned with 40 or 50 men, to be sent forth under the command
of Capt. Cyprian Southack in pursuit of the said enemy; and
that the intelligence be forthwith expressed to H.E. Mr. Treasurer
was directed to make provision for victualling the vessel for 6
weeks at the least. [C.O. 5, 789. pp. 476, 477.] |
[Jan. 18.] |
199. State of the Case of Samuel Allen, Proprietor of New
Hampshire, setting forth his title to the Province of New Hampshire. [See Calendar A. & W. I. 1701, No. 271.i.] With notes
for queries to be addressed to the Attorney General. Endorsed,
Recd. Jan. 18th, Read April 5, 1703. 3 pp. Enclosed, |
199. i. Copy of Affidavit of Nathaniel Boulter and John
Redman, of Hampton, N. Hampshire, as to Capt. Mason's
rights in New Hampshire, Nov. 6, 1685, 2 pp. |
199. ii. Copy of similar affidavit of Francis Small of Piscataqua,
Sept. 5, 1685. 2 pp. |
199. iii. Copy of similar affidavit of George Walton, of Great
Island, New Hampshire, Dec. 18, 1685. 2 pp. [C.O. 5,
863. Nos. 8, 8.i.–iii.] |
Jan. 18. St. Christophers. |
200. Governor Codrington to [? the Earl of Nottingham.]
In obedience to your Lordship's last orders I have used my
utmost diligence to get ready all the men I possibly could against
my Lord Peterborough's arrival. I found a surprizeing backwardness both in the gentlemen and common people, and have
been forct to exert all my interest and authority upon this
occasion. However, I have pretty well struggled through the
difficultys, and shall have a verry good Regiment of twelve
companys and two independant companys prepared to embarque,
let my Lord come as soon as he pleases. I shall attend his Lordship
in person and doe what little service I can. I beg your Lordship
to beleive and assure the Queen whenever her glory and the
interest of her arms are concerned, no man has the honor to be
employed by H.M. shall serve with more zeal and less reserve
of person or fortune then myself. I am at present wholly in the
dark as to the scheme which has been laid, and therefore can
form no judgement concerning it. I beg leave only to say, if wee
take Martineque everything else will follow of course, and to take
that Island only would be a greater service to the Nation then
to conquer the Dutch Spice Islands. If we attempt it briskly,
I believe wee may succeed, and my Lord Peterborough, I am
sure, did not come into the Indies to trifle. Signed, Chr. Codrington.
P.S.—Having mentioned the backwardness of our people, I
think it will be best to give your Lordships the reasons of it.
The first is the ill-usage our creoles met with under Col. Fowke,
which they still remember, and are therefore very shy of serving
under a European General or indeed mixing at all with European
forces, but this I easily got over by letting everybody know how
different a man my Lord Peterborough is from Col. Fowke, but
the chief obstruction ris from the enclosed letter, which I suppose
the Admiral ordered onely to be communicated to me, but the
Master of the vessel who brought [it], opened it at Antigua,
whilst I was here, and copys were spread abroad by some factious
ill-natured people, to make the inhabitants believe when they
were listed, they would be sent down to Admiral Benbow and
employed at the Havana and Hispaniola; and this notion so
much prevailed that I have had ten times the trouble that
otherwise I should have had. I shall never faile my Lord to
doe my duty heartily and sincerely in spight of all opposition
whatever. Signed, Chr. Codrington. Endorsed, R. March 13,
1702/3. Partly holograph. 3 pp. [C.O. 239, 1. No. 5.] |
Jan. 18. Whitehall. |
201. Council of Trade and Plantations to the Queen. Transmitting the Act of Maryland, March 25, 1702, for the Establishment
of Religious Worship, etc Divers Acts relating to the establishment of religion in Maryland having from time to time been
repealed by reason of several defects therein found, and we having
prepared, by his late Majesty's directions a draught of an Act
with such alterations from the Act of April 26, 1700, as were
thought most proper to the end designed and agreeable to the
toleration allowed here, and the aforementioned Act having,
in accordance with H.M. Order in Council, June 5, 1701, been
transmitted to Maryland and passed there, is now laid before your
Majesty. Upon examination we find it conformable to the
foresaid draught and humbly offer that it may receive your
Majesty's Royal approbation. Signed, Robt. Cecill, Ph.
Meadows, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. [C.O.
5, 726. pp. 170–172.] |
Jan. 18. St. James's |
202. Order of Queen in Council. Affirming the Act of Maryland
for the establishement of religious worship in this Province according
to the Church of England and for the maintenance of Ministers.
"The said Act is hereby confirmed, finally enacted and ratifyed."
Signed, John Povey. Endorsed, Recd. Read Jan. 25, 1702/3. 1 p.
[C.O. 5, 715. No. 71; and 5, 726. pp. 172, 173.] |
[Jan. 18.] |
203. Memorial of the Undertakers for producing Naval Stores
in New England etc. to the Council of Trade and Plantations.
(1) Less than a stock of 100,000l. will not be sufficient to carry on
this undertaking, but are willing not to exceed that sum without
licence from the Queen. (2) For a farther security against
stock-jobbing, we p[ropose] that no person having any interest
in the said Stock who shall sell all or any part of his interest,
shall be capable of purchasing any part of the said stock within
one year after any such sale etc., and other proposals. Signed,
Wm. Wharton, Agent. Endorsed, Recd. 18th, Read Jan. 20, 1702/3.
2 pp. Edges torn. [C.O. 5, 862. No. 145.] |
Jan. 18. Whitehall. |
204. Journal of Council of Trade and Plantations. Order
of Council, Jan. 17, directing that the copies of papers to be
given to Mr. Atwood and Mr. Weaver, upon their desire, be only
such as have been transmitted by the Lord Cornbury to make
good the charge sent over by his Lordship against them, read.
Attwood and Weaver on the one side, Mr. Thrale and Col. Lodwick
on the other, being thereupon called in, the said order was communicated to them; and observing the limitation of that Order,
neither side desiring any further copies of papers within that
limitation, they promised to meet this evening, and to deliver
to each other interchangeably the copies of such of the papers
which they have already as they intend to make use of at the
hearing. |
Their Lordships observing that several of the papers transmitted
by the Lord Cornbury are signed by Daniel Honan as Secretary
and thereupon enquiring of Colonel Lodwick into the state of
the Secretary's Office, he acquainted the Board that Mr. Matthew
Clarkson had been constituted Secretary by Patent from hence
in 1690, and enjoyed that place accordingly, but was lately dead,
and that the Lord Cornbury had thereupon appointed Mr. Honan
to officiate per interim in his stead. |
Order of Council, Dec. 31, for repeal of Acts of New York laid
before the Board. |
Mr. Wharton laid before the Board a further Memorial in the
name of the Undertakers for bringing Naval Stores from New
England. |
Mr. Usher laid before the Board the state of the case of Mr. Allen,
Proprietor of New Hampshire, with four queries which he offers
to be proposed to the Attorney General for his opinion upon them
in point of Law. |
Order of Council, Dec. 17, upon a Representation from the
Committee of Council for hearing Appeals, relating to an Appeal
of Mr. Allen, laid before the Board. |
Representation upon the Act for the establishment of Religious
Worship in Maryland signed and sent to the Council Board. |
Jan. 19. |
Letter from the Board of Ordnance, Jan. 14, read. Answer
returned. |
Draught of an Instruction to Sir Beville Granville upon Sir John
Colleton's case [see Dec. 31, 1702], was agreed upon. Representation ordered wherewith to lay the same before H.M. |
The Secretary laid before the Board a division of the accounts
of the incidental charges of this Office, which were transmitted
to the Lord High Treasurer, July 7 and Nov. 6. Whereupon a
letter was writ enclosing the same to his Lordship for his favourable
directions therein. |
Letter from Mr. Penn of this date read. Directions given for
preparing a Representation to be laid before H.M. on that matter. |
Jan. 20. |
Representation wherewith to lay before H.M. the draught of an
Instruction for Sir Beville Granville, signed. |
Two memorials from Mr. Wharton in the name of the Undertakers for importing Naval Stores from New England read.
Directions given for altering some clauses in the draught of the
Charter that lies before the Board, so that they may have liberty
to purchase lands not exceeding the value of 5,000l. per annum,
that the limitation of their stock be extended to 50,000l.; that
in the last clause for vacating their Charter, there be allowed 18
months after the declaration of H.M. pleasure therein; and
that all the remaining clauses of the said draught continue as
they now are. [C.O. 391, 15. pp. 374–381; and 391, 97.
pp. 45–55.] |
Jan. 19. Whitehall. |
205. Council of Trade and Plantations to the Board of
Ordnance. In answer to yours of Jan 14, we think that the
arms etc. designed for Virginia ought to be sent by the first convoy,
which is appointed to be ready by the latter end of this month.
The security of the Province very much depends upon the arrival
of the said arms, which are of most use in the summer season,
and great part of them immediately to be delivered to the Militia,
who are in expectation of them. Signed, Robt. Cecill, Ph.
Meadows, Wm. Blathwayt, Jon. Pollexfen, Mat. Prior. [C.O. 5,
1360. p. 362.] |
[Jan. 19.] |
206. Articles of Complaint against Lt.-Gov. William Partridge.
He entered on the Government of New Hampshire without being
duly qualified by oath, and thereafter traded illegally, importing
Spanish iron direct from Spain, and ship's timber fit for H.M.
service to Spain, Portugal and Algiers. [See Cal. 1696–1702.]
Last summer he arbitrarily suspended George Jeffreys from the
Council, without assigning any cause. Partridge being the chief
trader in that Province, and the Naval Officer, being insolvent
and indebted to him, is under his power and very remiss in
executing his office. Signed, Wm. Wharton. Endorsed, Recd.
Read Jan. 19, 1702/3. 2½ pp. Enclosed, |
206. i. Memorandum of documents relating to Usher v. Partridge, 1697–1700. 1 p. |
206. ii. Deposition of John Usher in confirmation of above
charges. Signed, John Usher. Jan. 2, 1702(3). 2½ pp. |
206. iii. Deposition of Robert Armstrong, late of New Hampshire,
in confirmation of above charges. Signed, Rot. Armstrong, Jan. 2, 1702(3). 1½ pp. |
206. iv. Deposition of Richard Wibird, Mariner, of New
Hampshire, in confirmation of above charges. Signed,
R. Wibird, Jan. 2, 1702(3). 1 p. [C.O. 5, 862. Nos.
146, 146.i.-iv.; and 5, 910. pp. 360–366.] |
Jan. 19. [19th 11m. (Jan., 1702).] |
207. William Penn to the Council of Trade and Plantations.
Honble. Friends, I enclose the certificate of the security being
given by the two gentlement that were accepted by you, and pray
the utmost dispatch of the Queen's approbation of my Lt.Governor, because the ships goe in a day or two. I also humbly
pray that ye approbation be so worded that the year to which
it is limitted may not commence till May 1st, 1703, or rather
not end till the first day of the month called May, 1704, the time
of going, from weather or the ennimy, being uncertaine, it may
be in 6 weeks and it may be 6 months, which would make a great
hole in that time. For the Laws, I beleive they are the present
Body of Laws, but at the perusall of my next letters, now in the
Channell, I may be better able to answer your letter on that
subject. I am with respect, your assured faithful Friend. Signed,
Wm. Penn. Endorsed, Recd. Read Jan. 19, 1702(3). Holograph.
2 pp. Enclosed, |
207. i. Certificate from H.M. Remembrancer's office in the
Inner Temple, Jan. 15, 1702(3), that security has been
given for Lt.-Gov. Hamilton. Signed, R. Barker, D. Rem.
1 p. [C.O. 5, 1262. Nos. 18, 18.i.; and 5, 1290. pp.
282–284.] |
Jan. 19. |
208. Earl of Rochester to [? Earl of Nottingham]. It appearing
by the muster-rolls of Col. Handasyde and Col. Levesay's Regiments
sent from Jamaica, that they are only signed by the officers of
each company, and not by the Governor and Council, or any three
of them, as H.M. regulation directs, it is desired that fresh and
pressing directions may be forthwith sent strictly to comply
with the regulation aforesaid, as the only means to prevent the
payment of more then there shall be actually in service. Signed,
Rochester. Holograph. ½ p. [C.O. 137, 45. No. 39.] |
Jan. 19. |
209. Minutes of Council [in Assembly] of Barbados. After
reading a letter from Capt. John Foljambe, H.M.S. Kinsale,
desiring to be indemnified from being made liable for H.M. stores
spent on the supernumerary men appointed him by order of
this Board, and likewise desiring directions and orders for the
discharging and continuing them on his books, ordered that a
letter be sent to the Navy Board to certify the occasion and
necessity for H.M. particular service of taking on board the said
supernumeraries, and if Foljambe is of the same opinion as he
was that they would be allowed of, and that it has been practised,
he might either contrive or discharge them, as he thinks fit, but
this Board are of opinion that there is not that occasion for them
now as was then. |
The Messenger acquainting the President and Council, on
enquiry, that the Assembly had not made a House, the President
sent a message to the Speaker that it was his desire that they
would not fail of making a house the next morning, having very
urgent affairs that required their presence. The House returned
answer that they were adjourned to Friday next and could not
meet sooner. The President told their messenger that he expected
to meet them next morning according to his order, and that the
matters he had to offer were of such great moment that would
not admit of any delay. To a second message to the same effect
he gave the same answer. They replied that having adjourned
to a certain day, it was not in their power to alter it. Whereupon
the President ordered letters to be sent immediately to them
requiring them not to fail meeting next Thursday morning. |
Jan. 20. [Wednesday]. |
Report of the Attorney and Solicitor General read, relating
to the French that came up in the pretended Flag of Truce, who
were suspected to be spies; and also a letter from M. Torraile,
who came in the said vessel, praying that he might have the
benefit of the cartel settled between this Island and Martineco.
Ordered that a Commission issue for trying the French prisoners
by a Court Martial on Munday next. |
This Board being informed that Capt. Hovenden Walker did
intend to send one of H.M. third rate ships lately arrived here, for
as a convoy to some East India ships lately arrived here, for
London, believing it might be of fatal consequence to the expedition
they are now sent upon by lessening the forces, did acquaint Capt.
Walker with their dislike thereof, to which he answered there were
forces sufficient to engage all the French could send to these
parts, and that he had lately received orders from England and
would answer for what he did in that matter. |
He proposed that the man-of-war which is appointed the guardship here, instead of cruising to windward of this Island, might be
off Martineco, which might be a means to keep off their Privateers,
to intercept all French ships going into Martineco, and retake
any of our merchant ships that might be taken by the enemy. |
24l. paid to John Cotrell, for 6 months taking care of the house
and plantation which is hired for the Governor. |