America and West Indies: May 1699, 22-25

Pages 240-249

Calendar of State Papers Colonial, America and West Indies: Volume 17, 1699 and Addenda 1621-1698. Originally published by His Majesty's Stationery Office, London, 1908.

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May 1699

May 22.
435. Earl of Jersey referring annexed petition to the Council of Trade and Plantations. Signed, Jersey. Endorsed, Recd. May 23, Read May 24, 1699. Annexed,
435. I. Petition: Peter Beckford, junr., having slain Samuel Lewis, H.M. Commissary General and Deputy Judge Advocate in the island, in a quarrel that arose on one of H.M. ships in the West Indies, fled to France. His relations plead for pardon, Beckford being guilty of manslaughter not murther. Enclosed,
435. II., III. Copies of depositions of Richard Chitty and Andrew Duany, Dec. 14, 1697, about the death of Samuel Lewis.
435. IV. Opinions of English lawyers on the case. [Board of Trade. Jamaica, 8. Nos. 115, 115 I.–IV.; and (without enclosures) 56. pp. 324–325.]
May 22. 436. Hudson's Bay Company to the Lords Commissioners. Account of the injuries, depredations, and damages done by the French to the Company. Totals, 1682–1688, £118,014 19s. 8d. During the late war; £99,500. [America and West Indies. Hudson's Bay, 539. No. 8. pp. 29–30.]
May 22. 437. Minutes of Council of Montserrat. A negro, John Freeman, belonging to Mr. Robert Puitt, convicted of having absented himself from his master's service for over 3 months, was condemned to be broken to pieces and afterwards his limbs and body to be burnt in accordance with the Act. [Board of Trade. Leeward Islands, 64. p. 543.]
May 22.
From Prison,
438. Edward Randolph to Council of Trade and Plantations. In obedience to your commands, April 1, 1697, I have wrote upon all occasions the truth of what I have observed, it seems in too plain terms, Governor Day having, by the treachery or negligence of one employed to copy my papers, had copies of two or three of my letters. I can vouch by sufficient persons the truth of what I have wrote. If upon examining my letters, I lately sent by Capt. Stow, there appear anything which has the face of falsehood, I desire to be sent for home and have liberty to make my defence, before impartial judges, these being prosecutors and judges also. If I have done damage to anyone here the law is open; but I always believe that whatever is transmitted to your Lordships 'tis safe, and will be made use of no further than for his Majesty's service. I entreat you that I may not be destroyed in a nasty jakes; if not sufficiently proved, will bear an action of slander only. I should do pretty service if I advised only with the Governors. Governor Day intimated so much, used me with great civility and gave me the characters of several persons, of whom I have since found out that Nelson was a broken usurer in London; Outerbridge part owner of the Amity; yet you find their names in the order of my commitment. They thought to be even with me. Those on whom Day reflected are men of the best estates and were of the Council not long since, being old standards, and will, when every man without fear of imprisonment may, prove the truth of what I have wrote. I am much impaired in my health by my confinement. These evil-doers ought to be turned out of the Council for opposing a gentleman in the immediate service of the Crown. I once again, and perhaps 'tis the last time, humbly entreat that I may not be crushed to death under the burthen of angry and insulting pride and vanity. No signature. Holograph. 2¼ pp. Endorsed, Recd. June 29. Read July 4, 1699. Enclosed,
438. I. Copy of Mr. Randolph's commitment to prison, 1 p. [Board of Trade. Bermuda, 3. Nos. 40, 40 I.; and 29. pp. 170–176.]
May 22.
439. Deposition of Walter Turner, goldsmith. About six weeks since one William Pargiter came to the house of Major Michael Burrowes, where deponent lodged, and desired to borrow a pair of shares, a file and a pair of scales, saying he had some heavy money and had a mind to clip it. Afterwards he asked leave to melt some silver at deponent's forge. The silver proved to be silver clippings. Copy.
Deposition of the same about William Baisden's clipping. Copy.
Deposition of the same about Mrs. Elinor Hall selling clippings to him at 5s. 4d. per ounce. [Board of Trade. Bermuda, 39. pp. 20–22.]
May 22.
440. Journal of Council of Trade and Plantations. Their Lordships advised with Sir Edmund Andros about the boundaries between England and Nova Scotia and the Fort formerly at Pemaquid.
Memorial in behalf of Peter Beckford, junior, presented by the Earl of Jersey and read. Mr. Way ordered to attend and offer what he had to say in pursuance of his memorial of March 18, 1697.
May 23. Mr. Leonard Compier produced a copy of his patent for the office of Receiver-General for Jamaica.
Depositions, &c. relating to the killing of Mr. Lewis by Mr. Beckford read.
May 24. Mr. Baber, Secretary of Jamaica, attended and promised to produce a memorial in writing relating to his patent and office.
Mr. Way presented a memorial upon the case of Mr. Beckford. Representation thereon directed.
Capt. Norris, Commodore the last year at Newfoundland, being newly arrived from the Streights said that one occasion of the complaints against last year's Newfoundland fish might be that a great part of it had been killed by the ice and cured amongst the rest, though it had been taken up dead in that manner. There were several unfree ships that fished there, viz. Prize ships and other foreign bottoms that had not been made free. When he came from thence the soldiers were in good health and those that had been disbanded liked the place and were willing to stay there.
Lord Jersey delivered the complaint of M. Ponchartrain to the French Ambassador about the damage done by the English on the French part of St. Christopher's, in order that an instruction may be given to Col. Codrington for enquiry into the matter and causing satisfaction to be made as shall be reasonable. [Board of Trade. Journal, 12. pp. 52–55; and 96. Nos. 83–85.]
May 22.
May 23
and 24.
441. Journal of House of Burgesses of Virginia. Col. Ludwell reported from the Committee of Grievances that they had made several amendments to the Bill for Taxing Servants, which was ordered to be engrossed with the amendments. Bill appointing a Committee for revising the Laws amended and agreed to. Bills read a second time, May 19, now read a third time. Bill declaring mulatto women, etc., titheable dashed. Report of Committee of Claims entered in one book and laid upon the table. Reply to the Instructions of the Lords Justices agreed upon. (See abstract of Journal of General Assembly, June 2.) Petition of John Tullit referred to Committee of Claims, and a complaint against Thomas Walter, sub-sheriff of Westmorland, who had attached two negro children of the estate of Gowen Corbin, a member of the House of Burgesses, was referred to Committee of Privileges, and upon their report it was ordered that his action was a breach of the privilege of the House, and all proceedings upon it ought to be suspended, that the Speaker acquaint the Court of Westmorland with the resolution of the House, and that the Messenger of the House bear the letter and take the Sheriff into custody, and upon his refusal to pay £3 to him for his trouble to bring him before the House. Bills for conferring titles to town lands and appointing a Committee for the Revisal of the Laws read the first time. Conference held with the Council about building the State House. Bills appointing a Treasurer, encouraging Adventurers upon a new discovery of the Western Indians, and lessening the levy by the poll and laying an imposition upon liquors towards building the Statehouse, etc., read the first time. [Board of Trade. Virginia, 52. pp. 423–432.]
May 22. 442. Journal of General Assembly of Virginia. Bills against pirates and privateers, prohibiting the exportation of corn, to prevent the discontinuance of courts, forbidding the unseasonable killing of deer, regulating juries, punishing slaves for hog-stealing, restraining the killing of whales, and ascertaining the value of money, were read a first time.
May 24.
May 25.
May 26.
May 27.
The burgesses desired a conference to consider a model for the state-house: committee appointed. The above-mentioned bills were read a second time and committed for amendments. Bills against blasphemy, and for prevention of undue elections passed, with amendments, and sent down to the House of Burgesses, who reported that they agreed to several of the amendments made in the two latter Bills, but not to all. The Council proposed conference about the method of amending bills, to which the Burgesses agreed. The Bill against killing whales was rejected as encroaching upon the Royal Prerogative, but the Council declared itself ready to join with the Burgesses in an address upon the matter. The Bills against Pirates and Hog-stealing slaves, to prevent discontinuance of Courts and unseasonable killing of deer and to regulate juries, were passed, with amendments, and agreed to by the Burgesses. Mr. Humphrey Higinson's propositions about the manufacture of linen and cotton referred to the House of Burgesses. [Board of Trade. Virginia, 52. pp. 106–118.]
May 23. 443. Richard Lloyd to the Council of Trade and Plantations. I enclose an Account of the French Invasion of Jamaica, 1694, together with a copy of the Act for giving Sir William Beeston £1,500 for his good conduct upon that occasion, with some observations thereon in which I hope there is sufficient cause shown why that law should not be confirmed. As it is almost five years since that affair I may be pardoned if my memory fails me in some minute circumstances. I should have given this account before, but was not willing to venture the original papers in war time. I must confess there has been some difference between the Governor and me; he suffered me to be affronted not only when I was Chief Justice, but also when by a severe fit of sickness, I had lost the use of my hands, so that I could not do myself right. But my resentments have not carried me a hair's-breadth from the truth. Signed, Richd. Lloyd. Endorsed, Recd. May 23. Read June 7, 1699. Enclosed,
443. I. Account of the French Invasion of Jamaica, 1694. The money voted in the Act quoted being awarded on the grounds of Sir W. Beeston's "great care, prudence, conduct, good government and bounty, by which the island was preserved from the rage of a barbarous and potent enemy," Mr. Lloyd's Journal is directed to prove the falsehood of these pretensions. He alleges that Sir William Beeston (1) ordered the guns of Port Morant to be spiked up and the two Windward Parishes to be deserted, and did not acquaint the Council with this order till two days after it was done. (2) He did not send boats to bring the goods which lay ready for market, to the value of £20,000. (Certificates quoted of the damage suffered in the Windward Parishes show:—50 sugar works, five rum works, 21 cotton works, 54 indigo works, 11 provision plantations, &c. &c. destroyed, and 1,962 slaves carried off by the enemy. Names of owners of factories mentioned:—Col. Edward Stanton, John Harbin, Wm. Hutchinson, James Wall, George Bennet, Jaspar Butcher, Mrs. Dorothy Turpin, Charles Roberts, Capt. Edward Story, James Littleton, Capt. Henry Hilliard, Capt. Robert Bowman, James Stewart, Capt. Nicolas Wilks, Capt. John Kendar, Richard Howard, Capt. Edwards, Robert Flaxney, Nicolas Lissons, Jno. Bassett, Mrs. Paine, Major John White, Madam Wignall, Capt. Richard Risby, Adam Stewart, William Philips, Anthony Stoddard, Capt. Joseph Dowling, Major Smith Kelly, Capt. Robert Phillips, Major Charles Penhallow, Capt. Anthony Swymer, Capt. Christopher Cooper, Lt.-Col. Modyford Freeman, Thomas Groues, Natha. Phelps, Mrs. Vangilder, Thomas Dunning, William Coward, Dr. John Kenn, Capt. Thomas Hudson, Capt. Jno. Cosley, Hackes Garbrand, William Harris, Col. Lyne, Major Nicholas Richardson, Jno. Stretch, Francis Fouracres, John Hamond, John Austin, Edward Turner, John Jennings, John Clark, John Campion, William Robinson, Thomas Harry, Wm. Bennett, Charles Bernard, Mrs. Mary Macklane, Wm. Johnson, Madam Bereman, Mr. Whitaker, Mrs. Ann Whitaker, William Magary, Major James Lobley, Capt. George Lenham, Mrs. Cole, John Courtney, Mrs. Smith, Mrs. Staton, Madam Harvey, Capt. Robert Phillips, Mrs. Mewtis, Capt. Tisdall, Mrs. Vuglar, Wm. Almond, Joseph Gardner, Lt. Compere, Capt. Jennings, Lt. Jolley, Wm. Fouracres, Leonard Eaton, Mrs. Bowley, Sam. Allen, George White, Andrew Dewany, Major Thomas Richardson, Timothy Conway, Thomas Orchard, Mrs. Rumbald, Charles Thomas, Jno. Jackson, William Hyley, Dr. John Smith). (iii) That he suffered three of the enemy's ships to lie in Cowbay, three days after the rest were gone to leeward, when he had force enough at Port Royal to destroy them, and return to port before the enemy could hear of it. (iv) He despatched the forces from Sir Iago to Withywood in several parties and at such a distance of time, that some were routed before the others could know there was any engagement. (v) That he sent five or six hundred odd men to march 30 odd miles against an enemy almost three times their numbers without one ounce of provision or any more ammunition than each man carried in his catouch box. (vi) That he kept a great part of the strength of the Island to guard his own person at St. Jago, and refused to send any succour to that small force that was exposed to the enemy, or ammunition till the enemy were gone out of the island, thereby causing the destruction of many settlements that might have been preserved. (vii) He frequently advised the officers that opposed the enemy at Withywood to retreat to St. Dorothy's, which if they had done the parishes of Vere and Claringdon must have been exposed to utter ruin. (viii) That he never came nearer the enemy himself than 30 miles all the while they were in the island. As to Sir William's bounty, he keeps but one meal a day in his house and that never exceeds five dishes; at night there is a glass of Madera wine and water and a pipe of tobacco for any one that will come and sit with him, nor is he curious in his company, so that sometimes it is very bad. His temper has been noted to be rather griping than liberal, and as to his service in general, the Island is sunk into a much lower condition under his management than ever it was since 1655, when it was taken by the English. Endorsed as preceding. 64 pp. [Board of Trade. Jamaica, 8. Nos. 117, 117 I.]
May 23. 444. Answer of Nicholas Trott to the charges of Tho. Bulkley. (May 15.) The Governor having received leave to settle his affairs at Burmoodas in his passage made what convenient speed he could to New Providence. If the island suffered in the meantime it was by the rebellion of the complainant, who deposed and imprisoned the Governor Cadwallader Jones, where he lay till delivered and restored by the people. He made the latter a Proprietor's Deputy, there being nothing then objected against him, and judging him the fittest person in the small choice he had upon the place. He found Capt. Mercier a deputy and continued him, he being generally esteemed an honest and useful man, and for that reason had been naturalized by Act of Assembly both at New Providence and at New York. Complainant was in prison, at his coming, charged with High Treason for levying war and deposing the Governor. He was tried and had all the benefit the law allows, of which he took full latitude, and excepted to so many persons that he left but 14 out of which to empanel his jury. The French appearing on the coast, the Council ordered the inhabitants to work upon the fortifications in order to public security. The Governor took no other dues than of right, nor other fees than by law and custom allowed. He gave a licence to Cadwallader Jones to go off the island, he being charged with no crime but by the complainant and that without evidence. The charge about Avery he has answered upon oath exhibited against him by the owner of the ship Charles, which, as it is true, he hopes is full and satisfactory. Signed, Nicholas Trott. Endorsed, Recd. May 24. Read June 7, 1699. 2 pp. [Board of Trade. Proprieties, 3. No. 17.]
May 23. 445. Richard Bradshaw to the Council of Trade and Plantations. On behalf of some merchants of Holland, owners of the ship Jufrow Gertrud, I lay before you the affidavits made by the seamen of that ship, by which it will plainly appear that the owners have been robbed of several thousands of pounds, the men very much abused and a considerable sum of money extorted from them by Nicholas Trott, late Governor of the Bahama Islands. Signed, Richd. Bradshaw. Recd. May 23. Read June 7, 1699. Enclosed,
445. I. Copy of deposition by the Lieutenant and several seamen of the Jufrow Gertruyd (repeating No. 293).
445. II. Deposition of Roeloff Stoffelsh van Henning and Carelsh Krods, belonging to the Jufrow Gertruyd.
445. III. Extract from a journal of Lt. Gerard Looman.
445. IV. Extract from a journal of Josias Fielroy. [Board of Trade. Proprieties, 3. Nos. 18, 18I.–IV.; and (without enclosures) 25. pp. 432–433.
May 24. 446. Memorial of Benjamin Way, of London, merchant, son-in-law to the late Samuel Lewis, to the Council of Trade and Plantations. The murder was barbarous, wilful and forethought. Petitioner prays that Mr. Beckford may be sent over to Jamaica as soon as possible to be tried. Signed, Benj. Way. Endorsed, Recd. Read, May 24, 1699. [Board of Trade. Jamaica, 8. No. 116; and 56. pp. 326–328.]
May 24. 447. Minutes of Council of Virginia. Petition of Arthur Whitehead complaining of an assault by a Nottaway Indian referred to Benjamin Harrison. The Attorney General ordered to consider the proper style of all commissions and public instruments in the Colony and Dominion.
May 26. Petition of William Leigh for a grant of land in King and Queen and Essex Counties referred to the Committee of Claims.
May 27. The Instructions about Collectors and Naval Officers referred for further consideration. Capt. Thomas Swann's letter, representing that when he commanded the Militia in Surrey County several fines were levied upon refractory persons, and that these Capt. Francis Clements had now converted to his own use, referred to Col. Harrison, present Commander-in-Chief of that County. Edwin Thacher appointed to go to Middle Plantation to assist Theodoric Bland in surveying and laying out the land for a town. [Board of Trade. Virginia, 53. pp. 261, 262.]
May 25.
448. Council of Trade and Plantations to Mr. Secretary Vernon. As to the petition of Mr. Robert Chaplain, we do not find by the instructions usually given to Governors of Plantations that the defendants in cases of appeal are obliged to give security as desired by the petitioner, but we are informed there are several precedents in the Plantations and the present case seems to deserve such care, that the appellant may not be defeated of his right. Signed, J. Bridgewater, Ph. Meadows, John Pollexfen, Abr. Hill. [Board of Trade. Barbados, 44A. pp. 277–279.]
May 25.
449. Council of Trade and Plantations to the King. As the whole truth of the matter of fact cannot appear, nor the parties concerned for the deceased, Samuel Lewis, be satisfied, without a trial in Jamaica, we recommend that Beckford be not pardoned till he have been first legally tried in Jamaica. Signed, J. Bridgewater, Ph. Meadows, Jno. Pollexfen, Abr. Hill. [Board of Trade. Jamaica, 56. pp. 329–331.]
May 25.
450. Order of King in Council referring the presentment of the Commissioners of Customs, together with the enclosed papers relating to Pennsylvania to the Council of Trade and Plantations. Signed, Edward Southwell. Endorsed, Recd. May 27. Read July 26, 1699. ½ p. Enclosed,
450. I. Presentment of the Commissioners of Customs to the Lords of the Treasury recommending that the enclosed papers be laid before the Council of Trade for them to consider whether Mr. Markham, Governor of Pennsylvania, ought not to be removed, and the Act passed by him contrary to the laws of England to be repealed. Signed, C. Godolphin, Walter Yonge, Sam. Clarke. Custom House, London, May, 1699. Enclosed,
450. II. Edw. Randolph to the Commissioners of Customs. The Pennsylvania Act, which the Assembly called in derision An Act for preventing frauds and regulating abuses in the trade of that Province, is repugnant to the Act passed in England and particularly to the Court of Admiralty erected pursuant to that Act. Col. Quary intends notwithstanding their new law to hold a Court of Admiralty to try an illegal trader. He informed me that Mr. Markham being made Lt. Gov., Mr. Penn had not the oath loyally administered to him. I hastened thither accordingly. I never observed so many Scotch merchants as now are in Pennsylvania, and so I am informed in Virginia and Maryland. They very much depend upon Mr. Attorney and Mr. Solicitor General's report upon the provision in the Act for preventing frauds relating to Scotchmen, and Mr. Markham has thereupon made Major John Donaldson, a Scotchman, his Naval Officer at Newcastle. I found that Mr. Markham had taken the oath but not before the Commissioners appointed, though some of them were in town and Mr. Yeates but 20 miles away. The Commission for administering the oath is in the Secretary's office, and so long as it is there and the Council administer it, his successor, if a Quaker, will securely enter upon the Government upon his attestation only. Col. Markham would not let the Commissioners for administering the oath keep the Commission. I was abused and imprisoned. I seized 9 hogsheads of tobacco from Philadelphia for not paying the full duty and am very much clamoured against. Since Mr. Penn and his people take upon them to dispense with the Acts of Parliament, the officers of the Custom house will be useless till His Majesty be pleased to put the government into the hands of persons of abilities and loyal principles, and with a small vessel well manned to cruize for some time at the entrance of Delaware Bay. New York. Aug. 8, 1698. Copy. 3 pp.
450. III. Deposition of Edward Randolph. On July 28, 1698, in the house of Cha. Read in Philadelphia, Patrick Robinson, a Scotchman, the Secretary of Pennsylvania, laid violent hands on deponent and demanded satisfaction for his mentioning him in his report to the Committee appointed to consider the State of Trade, March 1697. The reason was that about March last one John Moore-head, a Scotchman, had his vessel and loading seized in Philadelphia, and deponent was very pressing on Mr. Markham to have Blackleache's Plantation Bond of £1,000 forfeited to His Majesty to be prosecuted. Next day Col. Markham refused to appoint an Attorney General to prosecute forfeited Plantation Bonds and demanded to have the bonds delivered to him. On July 30 he placed a constable at deponent's door and imprisoned him for questioning whether he was allowed and approved by H.M. Order in Council to be the Governor of that Province, and demanded the delivery of Stephen Blackleache's bond. Deponent, anxious to catch the Fowey at New York, sent it. New York, Aug. 9, 1698. Copy. 2½ pp.
450. IV. Gov. Nicholson to Commissioners of Customs. I hope you will get a small frigate sent in place of the Swift. I send you a copy of an Act lately passed in Pennsylvania which I think comparatively is prejudicial to the trade of England. If some course be not taken concerning that law, the Customs will suffer very much, for illegal traders will go thither, where, if caught, they are to be tried by judges and juries under no oaths. It is intended to frustrate the Court of Admiralty there. I have appointed Mr. Moore, of Philadelphia, H.M. Advocate both for Pennsylvania and West Jersey. If these proceedings in Pennsylvania be not taken notice of in England, it may cause great discontent in H.M. neighbouring provinces, when they see Pennsylvania enjoy such freedoms in point of trade and suffer no courts but what they please, and they that are under H.M. Government are in a far worse condition. Annapolis, Sept. 12, 1698. Copy. 2 pp.
450. V. Robert Quarry to the Commissioners of Customs. Duplicate of letter to Council of Trade and Plantations. See Cal. 1698, No. 633. Philadelphia, July 4, 1698. Copy. 3 pp.
450. VI. Robert Quarry to the Commissioners of Customs. Duplicate of letter to Council of Trade and Plantations. See Cal. 1698, No. 772. Philadelphia, Aug. 25, 1698. Copy. 3 pp.
450. VII. Robert Quarry to the Commissioners of Customs. Duplicate of letter to Council of Trade and Plantations. See Cal. 1698. No. 796. Philadelphia, Sep. 6, 1698. Copy. 3¼ pp.
450. VIII. Copy of the Act for Preventing Frauds and Regulating Abuses in Trade with Pennsylvania and counties annexed. 8½ pp. [Board of Trade. Proprieties, 3. Nos. 26, 26 I.–VIII.; and (without enclosures), 26. pp. 8, 9.]
May 25. 451. Minutes of Council of New York. Committee appointed to review the account of the Clerk of Assembly. Letters of guardianship issued to William Lawrence and John Barbaree to take care of the person and estate of John Lawrence, non compos mentis.
An appeal in the case of Wandall v. Alsop not allowed on the ground that it was tried before a superior Court, viz., H.E. and Council during the Sessions of the last Assembly. [Board of Trade. New York, 72. pp. 245, 246.]
May 25.
452. Journal of Council of Trade and Plantations. Letter to Mr. Secretary Vernon about Mr. Chaplin's petition and representation upon the Beckford case signed and sent.
May 26. Letter from Col. Codrington read.
Mr. Gilbert Heathcote stated that his correspondents at Jamaica had lately writ him that the Spaniards still carry up any ships of ours that they meet with at sea. Ordered to send a copy of any fresh advices he has upon that subject.
Letter to the Admiralty about conveying clothing and recruits to Newfoundland ordered. [Board of Trade. Journal, 12. pp. 56–58; and 96. Nos. 86, 87.]
May 25. 453. Journal of House of Burgesses of Virginia. Specification of the building of the State House decided upon, and Committee of Propositions ordered to bring in a bill accordingly. (See abstract of Journal of Assembly, May25.) Bill concerning titles to lands recommitted. Bill for encouraging Adventurers with the Western Indians dashed, but the consideration of such a law referred to the Committee for revising laws. Bills for taxing liquors and appointing a Treasurer read a second time and ordered to be engrossed. Petition of Thomas Milner against the undue election of Thomas Godwen (Goodwin) referred to Committee of Privileges.