America and West Indies: July 1699, 17-20

Pages 348-356

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 17.
July 18.
654. Journal of Council of Trade and Plantations. Order of Council about the imprisonment of Mr. Randolph read. Letter to Mr. Day in pursuance thereof ordered and signed.
Letter from the Deputy Governor and Council of Antego, May 26, read.
Councillors for the Leeward Islands determined upon, and Col. Codrington's Instructions ordered to be written out.
July 19. The state of the Government of Bermuda was considered.
July 20. Proposals of the Proprietors of East New Jersey considered. Copy ordered to be sent to Mr. Blathwayt for his thoughts thereon.
Representation upon Col. Codrington's Instructions signed and sent with them to the Council Board.
Representation upon the Government of Bermuda signed and sent to the Council Board.
Copy of the letter from the Board to Mr. Day about Mr. Randolph's imprisonment sent, as desired, to Mr. Sansom. [Board of Trade. 12. pp. 124–128; and 96. Nos. 112–115.]
July 17. 655. Minutes of Council of Maryland in Assembly. Message to the House about the many irregular and undecent marriages contracted in the Province. The House desired that the Attorney General might draw a Bill thereon.
Bill for killing wolves read a first time. Bill to empower purchasers of subscriptions to the Free School to recover the same read the first time and amended. These Bills sent down, returned, read the second time and passed.
July 18. Bills sent up, read for the first time and passed: for the speedy recovery of small debts; for a gratuity to Col. Beale; Rectifying the ill-practice of Attorneys; for settling Assemblies and Provincial Courts at the Port of Annapolis; for assuring 500 acres of land to Henry Wallice.
Bill for raising a supply for the Public Levies read a first time and amended.
Lt. Col. Smithson swore to his Public Treasurer's account.
Considering "how unserviceable and irregular the militia of this province stands" the Governor proposed the alteration of the law of three barrels of corn at the expiration of each male servant's time. In lieu thereof, or some part thereof, let every master be obliged to give him a good musket of 20s. price.
Nineteen Bills, engrossed, were sent up, read, assented to and returned. [Board of Trade. Maryland, 14. pp. 468–471.]
July 17. 656. Journal of House of Delegates of Maryland. Bill for killing wolves read the second time. Bill for the publication of marriages read the second time and rejected. Major Dorsey's petitions for the remission of his fine rejected. Mrs. Hanna Clark's petition granted. Bill to empower the purchasers of the subscriptions to the Free School to recover the same read the second time. Bill for appointing Judges of Nisi Prius read the second time and rejected. Bill for assurance of land in Kent County to Henry Wallice read the first time. The message relating to the passing an Act for regulating marriages referred to the Committee of Laws. Bill ordered to be prepared to invest the 3d. per hogshead in the present Governor since his accession.
The Committee of Privileges reported that James Philips was duly elected a Delegate for Baltimore County, who took the oaths accordingly. Bills for a gratuity to Col. Ninian Beale; for supply; for limiting the time of writs of error and appeals; for settling Assemblies and Provincial Courts at the Port of Annapolis; for rectifying the ill-practices of Attorneys and settling the Attorney General's fee, and for speedy justice for small debts, read the first time. Bill for the publication of marriages read the first time and rejected. It was resolved that no limitation should be put to the bringing of appeals or writs of error. And see preceding abstract.
July 18. Five bills read a second time and sent up. (See preceding abstract.) Bill for recovering the fines due from the public officers read the first time. The Joint Committee for building a prison ordered to consider also the building of the Church. Nineteen bills read a third time, and sent up, and returned up with some proposals for amendments, which were accordingly made.
Allowance made to the Attorney General.
Bill for taking special bail in the several counties read the first time.
Bills for regulating ordinaries and the members of them, and for securing the frontiers from incursions of Indians, read twice.
Bill for recovering fines read the second time.
And see preceding abstract.
[Board of Trade. Maryland, 15. pp. 444–450.]
July 17. 657. Minutes of General Assembly of Massachusetts Bay. Bill for trade with the Indians passed and signed. Bill for the bridge at Cambridge passed to be engrossed.
July 18. Four bills signed by H.E., who objected to a clause in the Bill for incorporating Harvard College, "that none should be President, Vice-President or Fellow but such as should declare themselves and continue to be in matters of religion such as are known by the name of Congregational or Presbyterian." The Board refused to pass the Bill without that clause, and the House were acquainted that H.E. could not consent to the Bill with it and that he rather advised to address his Majesty for a Royal Charter of Incorporation.
Mr. Walley, Commissioner for War's Account passed. £50 gratuity to the Rev. Increase Mather, President of Harvard College, 1698, granted. £30 each paid to the Hon. Col. John Phillips, and Major James Converse for negotiating with the Indians. £40 allowed to Capt. Ephraim Savage, one of the Committee for Debentures. £8 paid to John White, Clerk of the House of Representatives, and £15 to James Maxwell for waiting upon the Governor and Assembly. £10 allowed to Capt. Timothy Phillips, £3 to Sergt. Jacob Luffkin, £2 to Joseph Soper wounded in 1697. £10 paid for doctor's fees and funeral charges of a garrison soldier, Samuel Proctor. Resolved, that the powder money paid by vessels arriving in the Province be kept for a supply of stores of war. £15 allowed the town of Wells for maintenance of a minister, and £12 to Samuel Moody, preacher, of York. [Board of Trade. New England, 48. pp. 320–324.]
July 18.
658. Council of Trade and Plantations to Governor Day. We enclose a copy of an Order of Council of 13th inst. by which you will in some measure perceive what has been the effect of your proceedings with Mr. Randolph. We were exceedingly surprised at the reading of your letter, May 18, to find such an unexampled presumption. Mr. Randolph being Surveyor General of H.M. Customs in America, a place of great difficulty and great importance, was sent by the Commissioners of Customs on purpose to inspect all H.M. Colonies in those parts, and particularly desired by us on all occasions to give us an account of whatever might be proper for our knowledge in order to H.M. service, by which expression he could not doubt but amongst other things the state of the Governments through which he passed was in some sort implied. He has written accordingly without that any noise or disturbance has arisen, but it seems that when he came to Bermuda you thought yourself concerned to search into his doings, and having got copies of some of his letters and found matters in them not pleasing to you, caused him to be imprisoned. You could not well have contrived anything more prejudicial to yourself in weakening your credit. The unwarrantableness of these proceedings, their illegality and the prejudice that may arise to H.M. service obliged us to represent the matter to the Lords Justices, and we require your obedience to their order. Signed, Stamford, Lexington, Ph. Meadows, Jno. Locke, Abr. Hill. [Board of Trade. Bermuda, 29. pp. 183–185.]
July 18. 659. Lists of names out of which the respective Councils in the Leeward Islands were filled. Various lists, drawn up by Col. Codrington, Mr. Cary, Mr. Weaver, and Mr. Vernon, with observations on the various choices by Mr. Cary and Mr. Weaver. Finally, the names agreed upon by the Council:—Nevis. Col. Francis Collingwood, Lt.-Gen.; Saml. Gardner, Mich. Smith, Jno. Smergin, Ed. Parsons, Azariah Pinney, James Bevon, Wm. Butler, Wm. Ling, Walter Hamilton, and William Mead.
Michael Smith is noted as "of ordinary capacity and government and of small estate" (W.); John Smergin, as of good sense honesty and estate" (W.); Edward Parsons "of good sense and repute" (W.); Bevon "of good estate and reputation" (W.); Gardner "late L.G." (W.); Pinney "Treasurer, of good sense, reputation and estate" (W.); Butler "of great estate, good sense and repute" (W.); Ling, "Ditto; Speaker of the Assembly"; Hamilton "of good estate and repute; most knowing in military affairs" (W.); Mead "Commissioner of the Customs, of great estate" (W.) The following names occur in the various lists:—Walter Symonds (dead), Daniel Smith, Wm. Burt, Richard Abbot, Thomas Thynn, John Palmer, and Hen. Holt (who have all left the island). Capt. Phil. Broom, Agent for the Royal African Co. marked xx. Jac. (obite?) Col. Charles Pym (dead), and John Cole, according to Weaver "of considerable estate, sense and knowledge of the law" but according to Cary "the worst character in the island, as I am told by all people."
Antigoa.—Col. Francis Collingwood, Lt. General; John Yeamans. Rowland Williams, Francis Carlisle, John Fry, senr., John Hamilton, Edward Byam (Treasurer), Samuel Martin, Thomas Duncomb, Edward Parsons, John Corbet and James Thynne. Generally described as "of good estate, sense and repute." Other names suggested: John Otto Bayer, a Dutchman; John Tankard, Hen. Pearn, John Fry, jun., Henry Lyons, Philemon Bird, Edward Walrond, Richard Lightfoot, John Lucas, John Roe, John Vernon, William Thomas, Isaac Horsford and Richard Oliver, "honest men of small estates" (C.), and George Gamble, present Speaker, and Nathaniel Sampson, described as "factious, troublesome fellows" (C).
Montserrat.—Col. Thomas De La Val, Lt. Gov.; Col. Francis Collingwood, Lt. Gen.; Edward Parsons, William Fox, Anthony Hodges, junr., Thomas Lee, Richard Clayton (non-resident), John Irish, William Fry, John Scott and James Thynn. Generally described as "of good sense, honesty and repute": Thomas Lee, "of good estate, a Dutchman, not much conversant in business" (W.). Other names suggested: Anthony Hodges, senior (dead), John Davis (dead), Edward Buncomb (marked xxxm.) and Joseph Little.
St. Christopher's.—Capt. James Norton, Lt. Gov.; Col. Francis Collingwood, Lt. Gen.; John MacArthur, "well-beloved, a Scotchman," Edward Parsons, John Estridge, Michael Lambert, "of good sense and estate raised by being employed in not the fairest matters" (W.), Henry Burrell, "formerly clerk, now lieut. of a company of foot" (W.), William Willett, Samuel Crook, John Garnett, William Mead and Stephen Paine. Other names suggested: Joseph Crispe, "of great estate and sense, but not the best character" (W.), John Perrie, "most infamous, yet made Provost Marshall, Commissioner of Prizes, Deputy Auditor of the King's accounts of all the Islands, whereby he has got great riches. He drew ale a few years ago" (W.), Roger Elrington. Endorsed, July 18, 1699. 1 large p. in 12 columns. [Board of Trade. Leeward Islands, 6. No. 35; and 45. p. 388.]
July 18. 660. Journal of Assembly of Barbados. The House met and fined Miles Toppin, Thomas Sadleir, William Fortescue, Enoch Gritton, William Dolton, members who were absent. [Board of Trade. Barbados, 65. p. 418.]
July 19.
July 20.
661. Minutes of General Assembly of Massachusetts Bay. James Taylor, Treasurer, took the oath. John Walley, late Commissioner of Excise, allowed some abatements and empowered to recover certain other sums. Committee of Claims for wages etc. for H.M. service, appointed. William Payne, Commissioner of Impost, allowed £18 13s. 2d. for quarter's salary, books and rent of office. Ebenezer Prout, former Clerk of the House, allowed £6 as remainder of salary due. £4 annuity granted to Jeremiah Bumstead, a wounded soldier. Arrear due allowed to a gunner's widow, Elizabeth Hopley. Josiah Parker, of Cambridge, allowed £6 for ransom of his kinsman Phineas Parker from the Eastern Indians, and £3 12s. allowed to Stephen Holden, of Groton, for the ransom of himself and son, prisoners of the Indians, for a year and ten months. Orders about settling a line for the precincts to the two Meeting Houses in Watertown sent down and agreed to. £500 besides the remainder of the Naval Stores allowed Sir Henry Ashhurst, Bart., Agent of the Province. £10 allowed Joseph Hasting, of Reading, who lost an eye from a wound received in H.M. service, 1690. £15 13s. funeral charges allowed for Nathaniel Holmes, killed by the breaking of a great gun on Castle Island. Allowance to Nathaniel Oliver for leakage of wines imported rejected. Counterfeit Bills formerly allowed were now charged to account. The Assembly was prorogued to Oct. 11th. [Board of Trade. New England, 48. pp. 324–330.]
July 19.
St. John's.
662. Minutes of Council and Assembly of Antigua. The Assembly announced that they would not consent to any act for further billetting the soldiers, who, if obliged to work in the country, would keep in better health and get a very competent subsistence. They proposed to continue the allowance made to those soldiers not capable of getting such livelihood and to pay £80 to the officers.
The Assembly proposed a supplementary Act to that of the Militia, providing that no person of any rank or station whatever be exempted from appearing in the Militia and doubling the fines for default, to which the Deputy Governor and Council agreed.
The Governor signed payments to Major Martin for guns and flints and to Justice Duncombe for the cisterns of Monkhill. The Council agreed with the proposal of the Assembly that the prison should be paved and fitted and the Court House secured against a storm. The payment of £80 to the officers was assented to and the Assembly was adjourned.
John Benson was granted a parcel of land adjacent to the land by Blubber Bay near Bermudian Valley. [Board of Trade. Leeward Islands, 64. pp. 315–318.]
July 19.
July 20.
663. Minutes of Council of Massachusetts Bay. John Cutler of Charlestown, anchor-smith, examined for abusing Sir Henry Ashhurst. Several Justices took the oath. [Board of Trade. New England, 49. pp. 227, 228.]
July 19. 664. Minutes of Council of Maryland in Assembly. Bills for regulating ordinaries, securing the frontiers, and recovering fees passed and sent down. Petition of Col. Smithson to draw the platt to the Law for ascertaining bounds recommended to the House. Bill for regulating ordinaries, sent up amended as proposed, was passed and returned. Eight other bills assented to.
Instructions by Mr. Attorney General for the Clerks of Indictment sent to the House for their perusal.
The House announced the completion of their review of the Laws, proposing a Bill for the repeal of those laws which were considered not desirable.
July 20. Bill concerning marriages again recommended but "if anything therein seem uneasy to persons intending marriage or if anything bearing too hard on the people called Quakers, in regard they are found a civil, quiet people, this Board are content to regulate the same as shall be advised; but hold it highly necessary to take some care to restrain the extravagant growth of Popery, now more audacious than has been known since His Majesty's Government."
Bill for summoning juries rejected on account of the fines not being saved to the King. "It is not without observation that in all the Bills that has been presented this Sessions, those fines and forfeitures that were formerly to His Majesty's use are now applied to particular uses of the country, which nevertheless for the good of the country and preserving that union begun, has been past here, but we cannot but recommend you to consider this for the future."
Bills for punishment of blasphemy, fornication, adultery and profane swearing and cursing, prohibiting carrying liquors to the Indian Towns, and for payment of fees due from criminals read and sent down to the House.
Message from the House read explaining that the Bill for publication of marriages was rejected because the former law was perpetual and deemed sufficient. A favourable construction was begged on the appropriation of fines, misapplied through misunderstanding, and caution was promised in that matter for the future.
Bill of directions for the sheriff's office read, and amendment proposed.
Bill for preventing vexatious and unnecessary suits at law read and passed.
Bill for taking special bail read the first time and passed.
Bill for tonnage and ascertaining Naval Officers' fees read and rejected.
Bills for the punishment of privateers and pirates, for the constables taking the list of taxables, for the enrollment of conveyances, for recording the Laws and Journals, for the encouragement of such persons as will undertake to build watermills, for securing parochial libraries, read, passed and sent to the House.
Bill to secure merchants and others tobacco after received read and passed with amendment. [Board of Trade. Maryland, 14. pp. 471–475.]
July 19. 665. Journal of House of Delegates of Maryland. Bill for taking special bail read the second time and committed for amendment. Three Bills read a first time, and seven bills read the third time were sent up. Lieut. Col. Thomas Smithson's petition was granted.
Major William Whittington, reported duly elected for Somerset County, was sworn a member.
List of continued laws sent up.
Bills for regulating the proceedings of the Provincial Courts and for punishing blasphemy etc. read the first time.
Rules for the Clerks of the Indictments, sent down, referred to a Committee for inspection.
Committee for building a prison delivered their report.
And see preceding abstract.
July 20. Four Bills read a second time and sent up. Bill for Sheriffs read the first time. Various Bills read first and second time. See preceding abstract. Bills for settling officers' fees, regulating the Militia, for the administration of Justice in probate of wills, read the first time. [Board of Trade. Maryland, 15. pp. 452–456.]
July 20.
666. Mr. Sansom to Mr. Popple. With reference to the petition of Peter Van Bell, the Commissioners of Customs are advised by Mr. Mead, one of the Commissioners and also Collector of the 4½ per cent. at Nevis, that the 28th Sept. he made seizure of 50 negro slaves at St. Christopher's, 41 of which were imported there by a Danish sloop from the island of St. Thomas, belonging to the King of Denmark; that he had taken good security for them till a trial could be had which would not be until a new General should arrive. By letter of May 16, he advised them that the trial would not be absolutely determined until the 18th of that month; though the opinion of the Court was so far known, that they would be condemned; that the claimer prayed liberty of an appeal for England, which could not be allowed; that the proprietor, one Mr. Peter Van Bell, then resident at St. Thomas, was resolved to use his interest in England, to reverse the judgment, which he prayed the Commissioners to oppose; and that this transaction very much alarmed the interloping traders at St. Christopher's. On the 19th he further advises them, that the security for the negroes having delayed the delivery of them, and in some manner refusing, the Court thought not fit to pass judgment until they were delivered; and the better to oblige the security, he had requested a Special Court to put the bond in suit, which was then under consideration. The ground of this forfeiture and prosecution is supposed to be upon the first clause of the Act of Navigation, wherein it is provided that no goods or commodities whatsoever shall be imported into or exported out of any of His Majesty's Plantations, but in English or Plantation shipping, and manned as in the said Act is directed. And the Commissioners are informed that it is a ruled case in the Plantations that negroes are accompted goods within the meaning of the said Act. But as to any permission or countenance given by the Governor for importing the said slaves, or any practice or collusion between the Governor and the said Mr. Mead, as is suggested in the petition, the Commissioners are not otherwise informed than by the said suggestion. Signed, Jno. Sansom. Endorsed, Recd. July 20. Read July 25, 1699. 2 pp. [Board of Trade. Leeward Islands, 6. No. 36; and 45. pp. 390–392.]
July 20.
667. Governor Grey to Council of Trade and Plantations. In accordance with instructions I send you the naval office accounts of all vessels trading to and from this island from Dec. 25, 1697, to March 25 last. The death of two of the commissioner's clerks caused delay in sending them. On the 1st of this month His Majesty's ship the Speedwell, Captain Jedidiah Barker, Commander, sailed out of Carlisle Bay by my order in search of a Madagascar ship that passed by the bay the day before and had plied here for several hours without the reach of the fort, and, having set on shore one who upon examination owned to have been with Kidd the Pirate, gave good grounds to suspect the said ship to be a pirate or an unfair trader. Capt. Barker on the 2nd sent his boat ashore to St. Lucea to inquire if any such ship had been there: hearing nothing of her went to Dominico, where they anchored the third, and ridd there, wooding and watering their ship till the 7th, then, having no intelligence of her there, they weighed and stood over for Martinico, and sent their boat ashore to inquire if any such ship had been amongst them. They had heard nothing of her. They were informed by an Irish gentleman that had been at the Golden Island with the Scots that they had had a pitched battle with the Spaniards upon the main and had routed them, and upon his coming away they had about 25 sail of ships lay before Carthagena and blocked up the Spanish ships that were in the harbour, and that the Scots were daily fortifying themselves there.
On the 7th, in the evening, the Speedwell made sail and plied up between Dominico and Martinico, and on the 13th arrived again in Carlisle Bay. When the Speedwell was out upon her cruise there past by this place a vessel that chaced two small brigantines and fired with shot at one of them, and, by the examination of the several masters upon oath in Council, she could be supposed to be nothing but a Pirate, and as I have been informed she had on board her to the value of £300,000 in gold, ambergreese, elephants' teeth, and rich altasses (silk-satin). I ordered a brigantine with all speed to be manned and fitted out and sent them to inquire after her and bring in hither, but they could not get sight of her. I the rather send your Lordships this account to convince you how great a prejudice it may be to His Majesty's interest if this Island have not two frigates continually to attend here.
Signed, R. Grey. Endorsed, Recd. Sept. 20. Read Oct. 9, 1699. 2 large pp. [Board of Trade. Barbados, 8. No. 19; and 44A. pp. 339–341.]
July 20.
668. Council of Trade and Plantations to the Lords Justices. We find great reason to believe that Governor Day has been guilty of divers irregularities and direct breaches of H.M. Instructions, as well by making alterations in the Council without giving us any account or reason, as by arbitrary and illegal imprisonments of other persons besides Mr. Randolph, particularly of Gol. Anthony White, and admitting no bail for him but that of his son-in-law, John Dickenson, whom he would otherwise have sent to England to complain. But not having any positive proof upon oath, by reason, as is suggested, that Day hath forbid the J.P.'s to receive any depositions without his previous consent, we think it may be expedient, considering the past great and now growing disorders of those islands, that directions be speedily given to proper persons to take depositions of the matters of fact relating thereto. We therefore propose that Mr. Day and the Council be required immediately to commissionate Edward Randolph, Col. Anthony White, and Edward Jones, now hastening thither to be Secretary and Provost Marshall, to be Justices of the Peace, that they may receive depositions on oath, and that they or any one of them be accordingly directed to receive such depositions and transmit them hither with their report on the whole matter. And that Mr. Day be strictly charged not to use any illegal or indirect practices whereby to hinder Dickenson or any other persons from repairing to England in order to the clearing up the truth of these things. Signed, Stamford, Lexington, Ph. Meadows, Jno. Locke, Abr. Hill. [Board of Trade. Bermuda, 29. pp. 185–187.]
July 20. 669. Minutes of Council of New York. Carsten Luerse and Hendrick Vanderheul, mariners, who had brought some goods from Kidd's sloop, examined. They said that they delivered part to Justice White and Doctor Cooper at Oyster Bay, and put part on shore in Connecticut. The sheriff of Queen's County, Nassau Island, ordered to seize the first, and bring it to New York; the mariners with a promise of indemnity despatched to Connecticut for the second. White and Cooper summoned to appear.
Several Justices of Albany present at Mr. Dellius' house at the examination of the Indians appeared and were suspended. The Chiefs of the Maquaes gave thanks for the restoration of their land; and presented a belt of wampum twelve deep; and requested that an Indian infant might be baptized. A present to them ordered.
On the petition of Barendt Coeyman, execution against him suspended till the Justices of the Peace of Albany report on his case. Some goods brought from Canada were condemned, but the value ordered to be delivered to the owners to pay their expenses, for which purpose they had brought them.
Payment ordered to David Schuyler for the repair of Albany Fort. [Board of Trade. New York, 72. pp. 260–263.]