America and West Indies: August 1699, 1-5

Pages 380-385

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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August 1699

Aug. 1. Bill for reviving the Supreme Court ordered to be prepared. Nathaniel Wear excused from serving as Councillor on consideration of his age and remote living. Bills for the regulation of Jurors; for erecting a fort on Newcastle Island: restraining and punishing privateers and pirates; and for facilitating the conversion of Indians and negroes ordered to be prepared. Capt. John Hill of Sacoa Fort ordered to summon the principal Sachamores of the Indians to Portsmouth, since they wished to see the Governor about renewing their allegiance. Richard Jose took the oath as High Sheriff. [Board of Trade. New England, 49. pp. 495–500.]
Aug. 1.
Aug. 2.
690. Minutes of Council of Barbados. John Waterman sworn one of His Majesty's Judges for the Court of Common Pleas. £100 for lime and materials for the additional buildings in course of erection in James' Fort ordered to be paid to Col. Wm. Wheeler. Report on the state of Oistin's Fort, read. Some considerations for raising a standing fund or levy, read and ordered to be laid on the table for consideration. Petitions ordered henceforth to be signed and dated by petitioners or their counsel, and the Secretary only to receive such. The Assembly presented a Bill for a longer time for the surveyors to run out the land pursuant to a late Bill. Passed. Capt. Barker's petition (see abstract below) sent to Assembly and returned with their concurrence. Memorial of a Wellwisher commended to the Assembly. The Assembly's proposal, that the six iron guns and carriages belonging to Capt. George Payne should be bought for the country and placed at His Excellency's door, was agreed to. [Board of Trade. Barbados, 65. pp. 434–435.]
Aug. 1.
Aug. 2.
691. Journal of Assembly of Barbados. Thomas Maxwell elected Speaker. Bill entitled "A further Supplemental Act to an Act for the provision of Servants" was read and considered. The Treasurer was ordered to distribute the servants imported, till they are disposed of, amongst certain well-disposed persons who have offered to accommodate them. Letter from Francis Eyles, lately one of this country's Agents, claiming arrear of salary, considered. Col. William Wheeler elected Speaker in place of Mr. Maxwell, sick. Petition of Capt. Barker to be allowed to land a pipe of Madeira for his own use, granted. A Bill to restrain persons from carrying servants off this island under the penalty of the Act, June 20, 1699, for the encouragement of the importation of Christian servants. The further supplemental Act for the provision of white servants was read, debated, passed, and taken to the Council. [Board of Trade. Barbados, 65. pp. 419–422; and America and West Indies, 455. pp. 195–8.]
Aug. 2.
692. Journal of Council of Trade and Plantations. Letter from Col. Quarry, Pennsylvania, May 18, considered. Ordered that the Secretary enquire of Mr. Penn what time he intends to repair thither. Representation ordered.
Aug. 3. Mr. Penn, intending to embark at Portsmouth on the 16th, attended and was informed of the proposed Representation of the Board.
Aug. 4. The Representation was signed and sent.
Letter from Mr. Bass, Burlington, June 9, read. Representation about some pirates there seized ordered.
The Earl of Bridgwater communicated several papers from Col. Quary which had been enclosed to him.
Memorial from Mr. Gilbert Heathcote etc. relating to the place of Provost Marshall in Jamaica, read. Mr. Heathcote requested to give information about... Toplady. [Board of Trade. Journal, 12. pp. 135–138; and 96. Nos. 119–121.]
Aug. 3.
James City.
693. Minutes of Council of Virginia. Philip Ludwell, Michael Sherman, James Bray, Bartholomew Fowler, David Bray, Hugh Norrell, Thomas Cowles, William Drummond, and William Broadrib, appointed Commissioners for the Blackwater Lands, and William Leigh, Joseph Foster, Lancelot Bathurst, Francis Burnell,—Edmundson, Thomas Smith, John Stanup, John Lewis, and James Baughan for the lands in Pamunkey Neck. The Commissioners to be provided for during their service, and their expenses paid by those who have the grants. The Governor read letters from Lt.-Col. Wilson and Capt. Aldred, stating that on July 26 an English-built square-sterned ship, with about 30 guns and 150 men, came into Lyn-Haven Bay, took the Maryland Merchant and fought H.M.S. Essex prize. It being probable those pirates may land to the northward, the Council advised the Governor to write to the Northern Governments.
Aug. 4. Notice of Robert Beverley's petition to be heard before a lease of Point Comfort Island be made to Col. Wilson given to him. Clerks appointed to the Lands Commissions. Capt. Aldred's description of the Essex prize showing her to be too small and weak for service here, the Council advise a representation to the King praying for a ship of sufficient force to defend the Colony against pirates, with a small tender to serve as a fireship if necessary. [Board of Trade. Virginia, 53. pp. 521–524.]
Aug. 4 694. Council of Trade and Plantations to the Lords Justices. We have considered the papers relating to Pennsylvania submitted to us and find that Col. Wm. Markham acting as L.G. for Mr. Penn has not his Majesty's approbation as required by the Act for preventing frauds, etc. In May, 1698, an Act was passed by the General Assembly of the Province (Act for preventing frauds, etc., in Pennsylvania in which is a clause excusing the scrupulous from oaths in all cases relating to the Acts for Trade, directly contrary to several Acts of Parliament and the 10th Article of H.M. Instructions relating to trade which Col. Markham had actually received at the time; and also a clause destroying the whole power of the Court of Admiralty. Col. Markham has connived at and encouraged illegal trade by discharging goods under seizure, eluding proceedings upon forfeited Navigation Bonds and many other ways. No sentence can be obtained in the Courts of that Province upon bonds taken in the King's name and forfeited, upon pretence that there is no Attorney-General there for the King to prosecute. Judges, juries and witnesses there not being upon oath, all justice is very doubtful, and more especially in cases where the King is concerned. Tobacco has also been sent thence from Newfoundland and Scotland and European goods received from Curaçao; cut tobacco has been sent thence to New England and other Plantations fraudulently in meat barrels, particularly by Anthony Morrice, a Justice of the Peace, and by these advantages of trading illegal in tobacco, the price of that commodity was very much risen there, and much more of it planted than formerly. All which irregularities could not be without the knowledge and connivance of those in greatest authority there. Col. Markham has protected pirates, particularly some of Every's crew, for instance one James Brown, who is married to his daughter-in-law, and one Clause, a Dane, who both live there. Two others, Robert Clinton and Edmund Lascelles, were suffered to escape out of prison and get away. Markham has received presents from some pirates, and has considerable effects of others in his hands. Goods under seizure in the King's Store under custody of the Marshal were forcibly taken away by virtue of a warrant from the forementioned Morrice. Col. Markham refused to restore them, and an action has been brought against the Marshal for detaining the goods in pursuance of his commission. Col. Markham has in his own hands part of some prize goods condemned by the Court of Admiralty, and refused to deliver them upon a decree of that Court, without Mr. Penn's order, to a person authorized by the Commissioners for prizes here to receive them, and forbad the Sheriff to deliver some of the said goods that are in his hands. The whole Government set themselves in opposition to the Court of Admiralty. They have endeavoured to persuade all men to refuse obedience to that Court, and have set up a sort of Admiralty Court of their own, or at least exercised an Admiralty power, by arresting a ship and making proceedings against her at their sessions. The Justices of the Peace at a Sessions did all they could to persuade the Grand Jury to present the officers of the Admiralty as enemies to their Government. David Lloyd, who styles himself Attorney General and takes fees accordingly yet refuses to put anything in suit for the King, insolently ridiculed the Admiralty Commission and His Majesty's effigies affixed to it, in open Court, and also said in open Council that whoever encouraged the setting up of that Court were enemies to the liberties and properties of the people. The officers of the Admiralty have been so discouraged that Col. Quary, Judge of the said Court, complains (May 18) that he had great difficulty to persuade them to remain in their places. It seems absolutely necessary that some speedy and effectual remedy be applied. Col. Markham should be removed from his place as L.G.; David Lloyd, as we represented Sep. 7, 1696, superseded as Attorney-General, and not continued in any public employment whatsoever; and Anthony Morrice removed from the Commission of the Peace. The remainder of the foregoing articles carry in them sufficient evidence of the ill disposition of the people and mismanagement of the government. Mr. Penn is now about repairing thither. We offer that he be directed to remove the aforesaid officers, and to take care that all due obedience be given to the Court of Admiralty and encouragement to the officers of that Court and the Customs; that all those whom he shall find to have been turbulent and busy in opposing the proceedings of that Court be punished accordingly or at least discouraged from meddling any more in like manner; that the several Acts of Trade past here and enumerated in H.M. Instructions be punctually observed and all further Acts of like nature; that proper laws be provided and duly executed for preventing of piracies and for the suppression and punishment of pirates according to H.M. many repeated instructions in that particular; and that upon the whole he so govern and regulate all public proceedings in that province that nothing be attempted or carried on there to the prejudice of his Majesty or of this Kingdom; and that with all convenient speed after his arrival he make report to H.M. of the state of that Province, the misdemeanours of all persons justly blameable in these matters, together with his own proceedings.
Mr. Penn has some while since declared unto us that he himself had disallowed the Act for preventing frauds, etc., in Pennsylvania. We think his simple disallowance not sufficient for the discountenancing of such like attempts for the future and therefore offer that your Excellencies would also please more particularly to declare the said Act and all other future Acts that shall be made there contrary to the Laws of England to be void in themselves without any particular repeal and ipso facto null and of no effect. Signed, Lexington, Ph. Meadows, John Locke, Abr. Hill. [Board of Trade. Proprieties, 26. pp. 20–32.]
Aug. 4. 695. Petition of Agents, Merchants and Planters of Jamaica to Council of Trade and Plantations. Jane Traherne of Jamaica, lately married with one Toplady and arrived in England, has agreed or is about to agree with the present patentee of the office of Provost Marshall General of the island for the purchase of the patent for her husband for a very considerable sum, and threatens to reimburse herself by exacting large annual gratuities from the deputies of the prisons. Toplady and his wife are persons of very mean reputation and we pray you will be pleased fully to inform yourselves of Toplady's character before admitting him to so great a trust. Signed, John Packe, John Heathcote, Benjamin Way, Michael Mitford, Stephen Style, Jonth. Hubbard, Edw. Broughton, Robt. Walker, James Whitchurch, E. Hull, Samson Mears, Gilbert Heathcote, Henry Tate, Josias Wordsworth, William Heathcote, John Frank. Endorsed, Recd. Read Aug. 4, 1699. Enclosed,
695. I. Copy of George Golding's Patent to the office of Provost Marshall General of Jamaica. [Board of Trade. Jamaica, 8. Nos. 128, 128 I.; and (without enclosure), 56. pp. 351–352.]
Aug. 4. 696. Minutes of Council of Montserrat in Assembly. Dr. Thomas Thomson ordered to pay 3,000lbs. of sugar to Thomas Westipher in compensation for a negro woman killed by a negro man belonging to Thomson.
Execution for a legacy to William Morphey suspended till the executor, Major John Daly, should have assets in his hands.
The Council replied to the suggestions of the Assembly as to executions, fees, petitions; agreed to the repair of the gaol and Sessions House and also to send the Acts to Nevis. [Board of Trade. Leeward Islands, 64. pp. 544, 545.]
Aug. 5. 697. Minutes of Council of New York. Conference with the Cayouge Indians communicated. Mr. Vesey's salary suspended. Inventory of Kidd's goods in the Custom House ordered. The Scotch from Caledonia granted leave to purchase provisions for their crew till the Governor's pleasure be known. On the petition of Alletie Doornes, widow, George Sydenham and Elizabeth his wife summoned to appear. £4 4s. paid to Jonah Tomes for nursing a sick soldier 12 weeks. [Board of Trade. New York, 72. pp. 265, 266.]
Aug. 5. 698. Minutes of Council of New Hampshire. Capt. John Hill, Commander of Sacoa Fort, reported that Bombazeen and Eskumuit, two of the chief Eastern Indians, had promised to call a Council with a view to treating with the Governor. Bombazeen said all those lands belonged to his uncle Moxis, and all those Eastern Indians carry themselves very insolently, and say the English shall not repossess the lands in Maine except by agreement with them. They have three forts in which are French missionaries. Capt. Hill was instructed to escort the Indians to Portsmouth, or if they could not come in time, to propose their coming to Boston.
Proclamation forbidding any dealings with the Scotch expedition ordered. [Board of Trade. New England, 49. pp. 503, 504.]