America and West Indies: July 1699, 11-15

Pages 340-348

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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July 1699

July 11. Bill for ascertaining the bounds of land read a third time and passed for engrossing.
Mr. John Hall of Baltimore County allowed to buy the arrears due from public officers of that County for £30 sterling, upon bond given.
Petition of inhabitants of Talbot County that the sheriff had made an undue election referred to the Committee of Elections. They reported that Thomas Greenfield was duly elected for Prince George's County. He was sworn a member; but the election and return of Nicholas Lowe, complained of, was not approved.
And see preceding abstract. [Board of Trade. Maryland, 15. pp. 419–427.]
July 10
July 11.
632. Minutes of General Assembly of Massachusetts Bay. Various Bills considered in Committee. Excise Bill passed to be engrossed. Bill for a tax upon polls and estates read twice and passed to be engrossed. Bill for Sheriffs to keep the gaols read twice and sent down. Conference held about a clause in the Bill for regulating proceedings in the Courts. Bill sent up for incorporating Harvard College read a first time. Bill for applying £1,000 out of the Poll Tax to the use of H.E., sent up, read twice and passed to be engrossed. Private Bill for docking an entail, passed with some alterations and sent down. Bill for the better keeping of the Public Records read a first time. Payment of £300, the L.G.'s salary for last year, and £200 to John Walley for services as Commissioner, agreed to by the Representatives and consented to by H.E.
July 12. Haryard College Bill read a second time and committed.
July 13. H.E. ill. Clause of limitation of trials in Bill regulating proceedings in Courts rejected. Amendments to Bill for incorporating Harvard College at Cambridge agreed to.
July 14. Five Bills signed by H.E. Bill for regulating Trade with the Eastern Indians twice read and passed with amendments to be engrossed. John Walley and Penn Townsend appointed Collectors of the Excise. James Taylor, the Treasurer's accounts, May 30, 1698—May 31, 1699, of £21,202 2s. 6d., showing payment of £16,339 4s. 1d., passed. Gratuity of £200 granted him. Bill for rebuilding the bridge over Charles River in Cambridge read the first time. Bill for a township within the County of Middlesex to be called Framingham referred till the Surveyor's plat be presented. James Davis granted Streight's Mouth Island and Thomas How of Marlborough licensed to purchase a parcel of land of an Indian.
July 15. Cambridge Bridge Bill read and debated. H.E. ill. [Board of Trade. New England, 48. pp. 313–319.]
July 11. 633. Minutes of Council of Massachusetts. Resolved, to send a ship to Hispaniola to fetch Kidd's ship.
July 12. Robert Livingston and Duncan Campbell were examined about the embezzlement of the goods brought by Kidd.
July 14.
July 17.
H.E. nominated William Stoughton, Chief Justice, which was agreed to, and the following were also appointed:—
Thomas Danforth
Wait Winthrop
Elisha Cooke
Samuel Sewall
Justices of the Superior Court.
Elisha Hutchinson
Isaac Addington
John Foster
Peter Sergeant
Justices of the Inferior Court of Common
Pleas in the County of Suffolk.
James Russell
John Phillips
Joseph Lynde
Samuel Heyman
Justices of the Inferior Court,
County of Middlesex.
William Browne
John Hathorne
Jonathan Corwin
Daniel Peirce
Justices of the Inferior Court, County of
Samuel Wheelwright
Samuel Donnel
William Peperel
Justices of the Inferior Court, County of
John Pynchon
Samuel Partrigg
Joseph Hawley
Joseph Parsons
Justices of the Inferior Court, County of
William Bradford
Nathaniel Thomas
John Wadsworth
Isaac Little
Justices of the Inferior Court, County of
Barnabas Lothrop
John Thacher
Stephen Skiffe
Jonathan Sparrow
Justices of the Inferior Court, County of
John Saffin
John Browne
Thomas Leonard
Nicholas Peck
Justices of the Inferior Court, County of
Thomas Mayhew
James Allen
John Coffin
Justices of the Inferior Court, Duke's
John Gardner
James Coffin
William Worth
Justices of the Inferior Court, Island of
H.E. nominated:—
Joseph Parsons J.P. in the County of Hampshire.
Ebenezer Pomrey Coroner, in the County of Hampshire.
Isaac Little
William Brett
J.P.s, in the County of Plymouth.
James Warren Sheriff, in the County of Plymouth.
Samuel Allen Sheriff, in the County of Barnstable.
John Leverett J.P., in the County of Middlesex.
Nathaniel Payne
Ebenezer Brenton
J.P.s, in the County of Bristol.
Col. John Wainwright J.P., in the County of Essex.
whom the Council accepted with the exception of Ebenezer Brenton.
July 17. H.E. proposed and it was agreed that all Members of the Council be Justices, and all former Justices continued. The Council did not consent to the re-appointment of Matthew Mayhew and Wm. Gear, two Justices of Inferior Courts.
Capt. Kidd was ordered to be taken from the prison-keeper's house to the store prison and there ironed, and company kept from him. [Board of Trade. New England, 49. pp. 223–227.]
July 11. 634. Minutes of Council of Barbados. John Heywood granted £167 16s. 11¼ d. for the Leeward fortifications. Rejoinder of James Hannay, executor of George Hannay, relating to the hardships in his custody as Provost Marshal Mr. Ralph Lane underwent, read. Mr. Lane ordered to have a copy. [Board of Trade. Barbados, 65. p. 433.]
July 12. 635. Receipt from the master of the Fortune for a letter (June 26) to Lord Bellomont. Signed, Jon. Warry. Endorsed, Recd. from Mr. Bevis Hill. July 21, 1699. Scrap. [Board of Trade. New York, 8A. No. 36.]
July 12. 636. Minutes of Council of New York. Petition of Tennis Gysbertson granted. [Board of Trade. New York, 72. p. 260.]
July 12. 637. Minutes of Council of Maryland in Assembly. Mr. Grundy, Sheriff of Talbot County, having refused to execute a writ, Col. John Addison v. Edmondson's Executors, summoned and gave his reasons. The Great Seal was brought to H.E.
Bill to suppress any violence of Indians on the frontier during the recess ordered.
Message sent to the House proposing the maintenance of the minister of Annapolis parish by uniting the next adjacent parish to it. To this the House disagreed, but promised if necessary to make provision for a deserving minister some other way.
John West, Robert Grundy, Lt.-Col. Lowe and John Taylor were continued as Sheriffs of Somerset, Talbot, St. Mary's and Dorchester Counties respectively.
Capt. Moreland reported that Mr. John Dent disavowed having made any bargain about the Cool Springs, and refused to acknowledge the conveyance thereof. Message sent down to the House that the Rangers lately raised for the security of the frontiers on Potomack were without provision. Were they to be continued, and if so, how provided?
July 13. The House desired a joint Committee to consider these questions. Some temporary Bills made perpetual were sent up. Three Acts: For the better administration of justice in the County Courts; for ascertaining damages upon protested Bills of Exchange; and Prohibiting Trade with the Indians for any flesh except deer and wild-fowl—were read a first time and sent down to the House. They were then read, sent back, read again and returned to the House.
It pleasing Almighty God that a great clap of thunder and lightning fell upon the State house, the House of Delegates sitting therein, which splintered the flagstaff, strook down the vane, burnt the flag, and set the roof of the House in a flame of fire, striking through the upper rooms, shattering the doorpost and window frames, strook down and grievously wounded several of the Delegates, and more particularly Col. Hans Hanson, Lieut.-Col. Thomas Hicks, and Mr. George Ashman, and, passing through the upper room, where the Committee of Laws was sitting, strook dead Mr. James Cranford, one of the Delegates of Calvert County, to the great astonishment of all persons. But it so pleased God that by the active care and personal presence of H.E. the Governor the fire was quickly quenched, a shower of rain happening immediately thereupon, and the records preserved as also the house with little or no considerable damage. [Board of Trade. Maryland, 14. pp. 459–462.]
July 12. 638. Journal of House of Delegates of Maryland. Mr. Grundy, sheriff, fined 2,000lbs. of tobacco for not giving due notice of the Election. Several Acts read a first time. (See preceding abstract.)
Payments ordered:—Mr. Charles Carroll 1,900lbs. of tobacco for his servants' work at the Town ditch; and Joseph Hill 1,140lbs. for the same.
Resolved that the Trustees for purchasing 50 acres of land at the Cool Springs lay out 50 acres most convenient thereto and value them by a Jury as provided by the Act of Assembly for that purpose.
July 13. Acts sent down read a second time.
Petition of William Dent for an allowance for attendance on H.E. and Council as Attorney General rejected.
The message about the Rangers (see preceding abstract) referred to the same joint Committee that was appointed to consider the Indian Affairs.
Bill for restraining the extortion of Sheriffs read a first time.
(And see preceding abstract.)
[Board of Trade. Maryland, 15. pp. 427–432.]
July 13.
639. Council of Trade and Plantations to the Lords Justices. We propose that 100 soldiers' beds, 30 barrels of common powder, 20 barrels of fine powder and a suitable quantity of musket bullets should be forthwith sent to New York. But as to the cannon, mortars and bombs demanded, we respite our opinion until we receive a more particular account from Lord Bellomont about the state of the forts of that Province, which by the stay of the Engineer, Col. Romar, we hope he will be enabled to send us. Signed, Stamford, Lexington, Jno. Locke, Abr. Hill. [Board of Trade. New York, 53. pp. 307–309; and 44A. No. 30.]
July 13.
640. Order of Lords Justices in Council. The Ordnance Office is to prepare an estimate of the stores of war proposed for New York. Signed, John Povey. Endorsed, Recd. July 19. Read July 26, 1699. ½ p. [Board of Trade. New York, 8A. No. 37; and 53. p. 309.]
July 13. 641. Copy of the Presentment etc. of the Grand Jury about Mr. Randolph. The Grand Jury "at the Quarter Sessions held at the house of Anthony Penistons, Senr., at the Flats in Hamilton Tribe," presented a true bill against Edward Randolph as a barretor, libeller, and seditious disturber of the peace who has published such seditious and scandalous libels against the Governor as that he had never heard nor seen such unjust practices done in a civil Government by such Squires of Alsatia as have been done by Col. Goddard and His Excellency, Governor Day, who ought to be brought before the House of Commons to be made examples to terrify the rest, etc. Randolph found guilty and sentenced to pay fifty pounds and remain in prison till the fine was paid. [Board of Trade. Bermuda, 39. pp. 12–16.]
July 13.
642. Order of Lords Justices in Council. The Commissioners of Trade are to tell Mr. Day to set Mr. Randolph at liberty immediately, and to take notice of the unwarrantableness of the Governor's proceeding in such manner as they think fit. Signed, John Povey. Endorsed, Recd. July 14. Read July 17, 1699. 1 p. [Board of Trade. Bermuda, 3. No. 44; and 29. pp. 181, 182.]
July 13.
643. Order of Lords Justices in Council directing the despatch of the circular letter, July 6, for putting the Acts of Trade and Navigation in strict execution. Signed, John Povey. Endorsed, Recd. July 19. Read July 26, 1699. ¾ p. [Board of Trade. Plantations General, 5. No. 20; and 35. p. 62.]
July 13. 644. Solicitor General to Council of Trade and Plantations. I have considered the Acts of Jamaica sent to me May 19, and have no objection to raise. Signed, Jo. Hawles. Endorsed, Recd. July 14. Read Feb. 8,1699. 2 pp. [Board of Trade. Jamaica, 8. No. 126; and 56. pp. 346–349.]
July 13.
645. Order of Lords Justices in Council, referring the representation of the Council of Trade and Plantations, upon the petition of Sir Stephen Evance (July 6) to the Attorney and Solicitor General. Signed, John Povey. Endorsed, Recd. July 19. Read July 26, 1699. [Board of Trade. Jamaica, 8. No. 127; and 56. pp. 349, 350.]
July 13. 646. Council of Trade and Plantations to the Lords Justices. Upon the address of the L.G. and Council of Massachusets Bay (see Cal. July 16, 1698) relating to appeals, observing the evil tendency of the interpretation they put upon the clause in their charter, and how improbable it is that His Majesty should have intended thereby to exclude himself from all remedy against any unjust determination of the Courts of that Province in matters relating to his Customs and Revenue, which would infallibly be the consequence if no appeals were allowed in those matters under the value of £300, because many small vessels and cargoes are not really of that value, and it might be easy for illegal traders so to order their affairs that any single seizure should not amount to it, we represent, in concurrence with the opinion of the Attorney and Solicitor General, that in personal actions where the matter in question doth exceed the value of £300 an appeal of right ought to be allowed by the express words of the Charter; and upon any action or information upon seizure of ship or goods for trading contrary to law, when the value is either above or under £300, appeal does lie from the judgment of the Court of Judicature there in case His Majesty in Council, upon consideration of the time in which the appeal is desired after the judgment given in the Court of the said Province or other circumstances in the case, shall think fit to allow thereof, and that an allowance of such appeal, we conceive, will be no infringement of the Charter. We add, that in all cases where an appeal is desired from the judgment of the Courts of that Province, though it remain doubtful there whether such an appeal will be allowed by His Majesty or no, it seems absolutely necessary that the same proceedings be made and care taken about security as if the said appeal were actually admitted, otherwise it might frequently happen that notwithstanding any sentence which might here be pronounced, His Majesty would not there be able to recover anything. But lest this practice should at any time be abused by any officers of H.M. Customs by vexatious appeals or threats of appeals from just judgments, we offer that the Commissioners of H.M. Customs here may be directed to give strict charge to all their officers in these parts that they refrain from all such unwarrantable practices. Signed, Stamford, Lexington, John Locke, Abra. Hill. [Board of Trade. New England, 37. pp. 156–160.]
July 13. 647. Receipt of John Tiler, Master of the Hopewell, for a letter to Lord Bellomont, June 26. Endorsed, Recd. from Mr. Bevis Hill, July 21, 1699. ¼ p. [Board of Trade. New England, 9. No. 63.]
July 13.
648. Earl of Jersey to Council of Trade and Plantations, referring for report the petition of Peter Van Belle. Signed, Jersey. Endorsed, Recd. July 13. Read July 14, 1699. Enclosed,
648. I. Peter Vanbelle to the King. Having been made a free denizen (fredenizé) of Saint Christopher's and bought a plantation and made enquiries of the inhabitants as to how he could import slaves, the petitioner was told that the Governor would permit him, since there was no English ships at St. Thomas', to transport his slaves thence in other bottoms. This he did, but ten or twelve days after the Collector seized all his slaves on the ground that they had been imported by foreign vessels and only released them on a security of £2,000. Meantime the Governor took back the permit he had granted. It is evident that the Governor acted in collusion, and Peter Vanbelle in all innocence and he therefore prays His Majesty's protection. French. 3 large pp. beautifully written. [Board of Trade. Leeward Islands, 6. Nos. 33, 33 I.; and 45. pp. 382–385.]
July 13. 649. Richard Cary to Council of Trade and Plantations. About 18 years last past, Sir William Stapleton, Chief Governor of the Leeward Islands, made a demand of Comte de Blenat, Chief Governor of the French Islands, for some negroes belonging to the English that had run away some time before from Montserrat to Guadeloupe and were detained there by the French. The negroes were not returned to the English that ever I could hear of. Signed, Rd. Cary. Endorsed, Recd. July 13. Read Aug. 21, 1699. [Board of Trade. Leeward Islands, 6. No. 34; and 45. p. 397.]
July 14.
650. Journal of Council of Trade and Plantations. Acts of Jamaica with Mr. Solicitor's opinion on them received.
Letter to the Treasury about the salaries etc. of this office signed.
Information about Peter Vanbelle's petition, concerning negroes seized at St. Christopher's, ordered to be desired of Mr. Sansom. [Board of Trade. Journal, 12. pp. 122–124; and 96. No. 111.]
July 14.
651. Wm. Popple to John Sansom. The Council of Trade and Plantations send you a copy of the petition of Peter Van Belle and desire the favour of any information the Commissioners of Customs may have on the subject. [Board of Trade. Leeward Islands, 45. p. 386.]
July 14. 652. Minutes of Council of Maryland in Assembly. The Board concurred with the House about the Indians and recommended the preparation of a Bill accordingly, and the reward of Col. Ninian Beale's services in the matter by an allowance of £100 or four negroes.
The sending for four or five small water engines and twenty leather buckets by the present shipping recommended to the House to prevent any accident of fire. The House concurred.
July 15. Bills, for empowering vestries to assess for furnishing and repairing churches, and for restraining extortion of Sheriffs read a first time with an amendment assented to by the House.
Bill for regulating appeals and writs of error read and passed with some alterations assented to by the House.
The House assented to three negroes being bestowed upon Col. Beale.
Petition of Lieut. Col. Smithson, Public Treasurer of the Eastern Shore, praying allowance of some money he paid the Hon. Col. Charles Hutchins for the country's account, allowed.
Major Dorsey's petition referred to the House of Delegates.
Bills, for staying executions after April 10, yearly, empowering the Commissioners of the County Courts, and for the speedy conveying of public letters, sent up and read a first time.
An address of thanks to the Governor presented and replied to. Bill for settling an annual revenue upon the Governor sent up and read. The Governor acknowledged the additional 3d. in his revenue.
Bills, concerning the height of fences, for marking highways and making the heads of creeks and rivers navigable, sent up the first time and amendment proposed. Bill for empowering the Commissioners to levy moneys to defray the necessary charges of their counties read the firs time.
The House agreed to part of the amendments proposed to the Bill for Highways, but not to the rest. The Board concurred with the House.
Joint Committee appointed to consider the building of a public prison. [Board of Trade. Maryland, 14. pp. 463–468.]
July 14. 653. Journal of House of Delegates of Maryland. Several Bills read the first time. Amerciaments in the County Courts assigned to defray County charges. Act for 3d. per hogshead for the Governor's use revived, with clause inserted that the payer may pay it in money of England or Bills of Exchange.
Committee for Indian affairs reported that: Seven more men should be added to the Rangers now out; Col. Ninian Beale to be their Commander in Chief; 1,000lbs. of biscuit and six cwt. of pork to be provided for them and the price deducted from their wages. The Rangers should be free from levies and paid half a crown a day; and six foot-soldiers quartered for strengthening the frontier plantations be allowed 1s. 6d. per day. If they do not range day by day but be seen straggling about the Plantations they should loose their day's pay, with further punishment. James Frisby, Col. John Thompson and one of the Burgesses of Baltimore County should be sent to the Susquehannah Indians to see if they will ratify the league already made with them and enter into further articles. If the Piscataway Indians do not come in and settle amongst us before the return of the messengers from the Susquehannah Indians, the Governor, Council and Committee should take such measures as seem proper to them. Governor Nicholson of Virginia should be made acquainted with their proceedings. The officers of the Militia should be instructed to exercise their men frequently and be in readiness at an hour's warning. The House concurred with the opinion of the Committee and sent it up.
Bill for appointing Judges of Nisi Prius read a first time. Resolved, that an imposition should be laid on Irish servants. Resolved, that a Bill be prepared for laying an imposition on all negroes and Irish servants imported, to be applied to the public charge.
The Act against divulgers of false news rejected.
Bill for imposing a duty of 3d. per gallon on all imported rum, wine and brandy, ordered.
Act for encouraging tillage rejected; that against the importation of convicts and felons made perpetual. Resolved, that the Act against the importation of wool and old iron, and two excise Acts expire.
A Bill for the Reformation of Jeophiles (Jeffails) read a second time and committed for amendment.
Mr. Lynes' petition returned to him at his request.
Bills restraining the extortion of sheriffs and empowering vestrymen etc., read a second time. Bill restraining the frequent assembling of negroes read a second time but did not pass, and was afterwards rejected. Bill for regulating appeals etc., read a second time.
Philip Briscoe declared duly elected for Charles County. He took the oaths appointed and subscribed the Test and Association.
July 15. Col. Ninian Beale given leave to look after the provisions for the Rangers. Bill concerning the Indian Affair ordered.
Bills for empowering Commissioners of County Courts etc., for staying executions etc., for the conveyance of public letters, and for amerciaments in the provincial and County Courts read the first and second time. Major Thomas Smithson's account allowed. Warrant for issuing a Writ of election for Calvert County ordered.
The House presented an address to the Governor for staying prosecution on Navigation Bonds and inviting him to join with them in an address to the King for the remission of penalties.
Bills prohibiting the carrying of liquors to the Indian towns, for the height of fences, and settling a revenue on the Governor read twice and sent up.
Five Bills sent down were amended and passed for engrossing.
The Governor sent a copy of a letter he had written to the Lords of the Council of Trade on the subject of the Navigation Bonds, and promised his further assistance, but it would not become him to join in any address.
Bill for settling a revenue upon the Governor passed.
Bills for killing wolves, and publishing marriages read the first time. (And see preceding abstract.) [Board of Trade. Maryland, 15. pp. 432–444.]