America and West Indies: August 1699, 11-15

Pages 388-393

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. 11.
Aug. 12.
Act for regulating Jurors amended, read and sent down. It was returned for amendment, amended and sent down. H.E. proposed the appointment of a Superior Court to hear suits pending at an early date. Bill for punishing privateers and pirates passed, sent down, passed and ordered to be engrossed. The Representatives desired to have the Treasurer's accounts, which were submitted to them with the Committee's report. Resolution of the Representatives about settling the Town Bounds was read.
H.E. acquainted Lt.-G. William Partridge, John Hinckes and Richard Waldron with the complaints made against them by John Usher (July 31), and with the letter of the Council of Trade and Plantations (Aug. 26, 1697), but having left two papers enclosed in the latter letter at Boston, he advised them not to draw up their reply till after he had returned to Boston and sent them instructions what their Lordships' orders were. [Board of Trade. New England, 49. pp. 515–521.]
Aug. 11.
709. Council of Trade and Plantations to the Governor and Company of Rhode Island and Providence Plantation. We have received your letter of May 27. Though you have not at this time been so negligent in writing as formerly, yet the things themselves are not altogether as they ought to be. You should have sent us a fair transcript of all the laws in force in the Colony fastened together by the Public Seal, instead of some leaves of paper stiched together and certified to be a "true abstract." Even if it is intended for a true copy, the blots in some places, the blanks in others, the want of sense in some expressions, the want of titles to the Acts and the disorderly placing of them are such marks of negligence that we can by no means depend thereupon. You are to send us a perfect copy of all your laws under the Public Seal. We observe the tenour of one Act without a title, past as we suppose in May, 1684, to be for the repealing of a former Act past at a General Assembly held in October, 1672, whereby the several deputies chosen for the respective towns were to engage for the faithful discharge of the trust in them reposed. We found not anything to that purpose under that date. We require you to send us an authentic copy of that law also, and to let us know whether all the members of that Assembly held in May, 1684, who repealed the foresaid Act, did themselves engage for the faithful discharge of their trust, unto which we require your direct and positive answer. You do not say that the private commissions you send are all that have been granted during the late war, which was the thing we positively required from you, and therefore esteem this a wilful neglect. Unless you reform all such shuffling in your correspondence, you will unavoidably find it turn no less to your prejudice than the miscarriages themselves that you would conceal. You say the commissions were only defensive; granted by the Deputy contrary to the mind of the Governor, and that he not knowing the due form omitted to take bonds. These answers are so contrary to truth and your duty that we wonder how you could write them. The Commissions give power to take, burn, destroy H.M. enemies, vessels, etc. Are these only defensive commissions? You know better. If they were granted through the ignorance of the Deputy Governor, you ought to have taken care that such an ignorant person had not been put in such an office. It is evident he has highly transgressed, not only in omitting to take bonds, but in granting any commissions contrary to the Governor's mind whilst he was in the Colony. Yet in your former letter you call these Commissions lawful, and would vindicate your proceedings upon their legality. Whilst you endeavour to excuse and do not punish an officer guilty of such notorious misdemeanours, we leave it to you to judge where the fault must necessarily be laid, and what may be the consequences. We might observe many things upon the trials of Cornish, Cutler, Munday and others for piracy, the success of which is according to what we expected from a people so partial in things of that kind. But we rather choose to exhort you to a thorough reformation of all the abuses that are too notorious amongst you. Unless such a reformation be speedily and very effectually prosecuted, you will inevitably fall into such inconveniences as will make you sensible of your miscarriages, when perhaps it may be too late. Signed, Ph. Meadows, Jon. Pollexfen, John Locke, Abr. Hill. [Board of Trade. Proprieties, 26. pp. 74–79.]
Aug. 11.
710. William Popple to Sir John Hawles. I send the enclosed Acts for your opinion and am to repeat the desire for those already in your hands, sent you Jan. 7th, 1697/8, May 4, 1698, and March 31 last, with what speed you can. Signed, W.P. Annexed,
710. I. List of Acts passed at a General Assembly, Nevis, April 1, 1698 and Jan. 5, 1698/9.
(1) An Act concerning rates of liquors for Taverns, Tipling houses, etc. and for passing of Blackdogs. Ap. 1, 1698.
(2) An Act to oblige all persons to give in a list of their negroes and other slaves upon oath. Ap. 1, 1698.
(3)An Act for regulating the prices of fresh provision. Ap. 1, 1698.
(4) An Act for Assemblymen to serve when chosen. Ap. 1, 1698.
(5) An Act for raising an impost upon strong liquors imported. Ap. 1, 1698.
(6) An Act to empower the Treasurer to sue for dues, duties, debts, due to the Public and for renewing and confirming the several Acts therein mentioned. Jan. 5, 1698/9. [Board of Trade. Leeward Islands, 45. pp. 396–397.]
Aug. 13.
James River,
711. Account by Richard Burgess, Master of the Maryland Merchant of Bristol, of the attack on H.M.S. Essex prize by a pirate, the Providence galley, in Linhaven Bay, and the subsequent boarding of the Maryland Merchant.
"The Captain was a man of middle stature, square-shouldered, large jointed, lean, much disfigured with the small-pox, broad speech, thick-lipped, a blemish or cast in his left eye, but courteous, and declared he designed no prejudice to the English Nation, as to their persons, but particular wants would be supplied, and would rather pay for necessaries than be obliged to take it perforce, a compliment not obliged to believe, finding the contrary myself. The ship had on board, as they generally reported themselves, £3,000,000 sterling in gold and silver. They thought it not worth their while to take a gentleman's plate and money, value nigh £100, that was on board the M.M. The pirate seized the cargo of corn and pork from a North Carolina Sloop. He asked me for whom I thought the Essex prize was cruising. I informed, one Capt. Kidd. He answered, 'I am Kidd.' He was called John James by the Company; but from the description I have of him in the country, he is said to be Kidd." Signed, Richard Burgess. Endorsed, Recd. Nov. 13, Read Nov. 14, 1699. 4½ pp. [Board of Trade. Plantations General, 5. No. 21; and 35. pp. 116–124.]
Aug. 14. 712. Wm. Blathwayt to William Popple. I enclose my observations upon the memorial of the Proprietors of East New Jersey. Signed, Wm. Blathwayt. Endorsed, Recd. Aug. 9. Read Nov. 27, 1699. Enclosed,
712. I. Copy of the Observations referred to. They are embodied in the reply of the Council of Trade, Nov. 28, q.v. 3 pp. [Board of Trade. Proprieties, 4. Nos. 26, 26 I.]
Aug. 14.
713. Journal of Council of Trade and Plantations. Papers of Public Proceedings, Barbados, laid before the Board. Acts of Assembly sent to Mr. Attorney-General for his opinion, with a further request for the dispatch of his report upon those already in his hands. Letter from Mr. Grey, Barbados, June 29, read. There being one Article relating to the French settlement upon the island of Sta. Lucia, search ordered to be made concerning the title and right to that island.
Answer to Lord Bellomont's letters considered.
Aug. 15. Letter ordered to the Earl of Jersey desiring a copy of an instrument signed by the French and English Commissioners referred to in King James' letter of April 1, 1688, with a view to the consideration of the title of Sta. Lucia.
Answer to Lord Bellomont considered.
Aug. 16. Letter to Lord Jersey sent.
Directions for a letter to Lord Bellomont given. [Board of Trade. Journal, 12. pp. 144–147; and 96. Nos. 127–129.]
Aug. 14. 714. Minutes of Council and Assembly of Nevis. Mrs. Judeth Forbes was granted letters of administration on the estate of Mr. John Dawny, and Col. Walter Hamilton, Mr. Solomon Israel and Mr. Bernard White on the estate of Mr. Robert Maxwell.
Acts for billeting the soldiers of Col. Collingwood's regiment for three months longer; for ascertaining the value of foreign coins; for bringing down the public timber bought of Thomas Belman; for continuing and renewing divers acts made March 25, were passed.
The Assembly announced that several Acts passed in the last Assembly had disappeared from the Secretary's Office. It was agreed to buy a book for the transcribing of all the Acts of the Island, to be kept in the Secretary's Office, and to appoint a Committee to inspect the Acts there.
The gunner having taken money for powder and put powder of his own instead he was called up and swore that he had not embezzled any. It was agreed that all money paid for any vessel that had no powder should be paid to the Treasurer and that the stores of the Fort should be inspected by a joint Committee.
A Committee was appointed for the reception of the Governor.
Mr. Hilton's book of surveying ordered to be transcribed. [Board of Trade. Leeward Islands, 64. pp. 505–507.]
Aug. 14. 715. Minutes of Council and Assembly of New Hampshire. Address to H.M. sent down. The Representatives having taken general exception to the late Treasurer's accounts, were invited to explain which articles they considered insufficient. Act for continuing processes and actions, etc., read the third time and sent down.
Aug. 15. The Governor defaced the old, and delivered a new Great Seal to the L.G., William Partridge. Address to H.M. signed. Joseph Hern, Counsel for Samuel Allen, Thomas Newton and Charles Story, Counsel for Waldron, Vaughan and Dow agreed to have the causes depending tried at the next Superior Court held at Portsmouth. The petition of James Mountais about the seizure of the Hopewell presented to H.E.
Samuel Allen ordered to restore the money for provisions voted for H.E.'s reception, and appearing in Major Smith's accounts, but said by him to have been delivered to Allen.
Bill for a tax of £500 sent up and twice read.
Aug. 16. The Governor removed Sampson Sheafe from being Secretary, he being represented by the Council and Assembly as indigent and dishonest, and appointed Richard Waldron in his stead. Bill for a tax of £500 read a third time and ordered to be engrossed. Excise Bill sent up, read three times and ordered to be engrossed. Partridge, Hinckes, Vaughan and Waldron presented a vindication of themselves against the charges of Usher.
Joseph Smith reported that he had brought back the remainder of the provisions from Col. Allen. [Board of Trade. New England, 49. pp. 523–530.]
Aug. 15. 716. Memorial to the Council of Trade and Plantations of Robert Richardson, and Katherine his wife, daughter and executrix of Sir Peter Colleton, Bart., who died March 24, 1694, seized of four sixth parts of the Windward Plantations in the parish of St. John's and four sixth parts of three fourths of the Leeward plantations in the parishes of St. Peter's and St. Lucy's in the Island of Barbados, having by will devised the same, his negroes and stock thereon to his executors in trust for Sir John Colleton Colleton his son, an infant.
During his lifetime, Sir Peter's brother, Col. James Colleton, acted as Agent, and since his death, he has detained the proceeds of the plantation for his own use. Catherine Richardson thereupon commenced a suit in Barbados to recover possession of the plantation. To avoid the determining of the suit Col. James Colleton obtained the favour of being made judge of the Court where the cause was to be tried. In Dec., 1697, Robert and Katharine Richardson therefore obtained an order for the appointment of another judge, and a duplicate thereof in July, 1698, but have not yet been able to obtain relief. They therefore pray for further consideration. Signed, Robt. Richardson. Endorsed, Read Aug. 22, 1699. 1 p. [Board of Trade. Barbados, 8. No. 13; and 44 A. pp. 319–320.]
Aug. 15.
717. Council of Trade and Plantations to Sir Thomas Trevor, Attorney-General. Enclosing Acts of the General Assembly of Barbados from Aug. 9, 1698 to May 1699, and desiring his opinion on the new ones, viz. those passed between Nov. 4, 1698—May 26, 1699. The Attorney-General's opinion on the Acts of Barbados sent to him May 1698 is also requested. Annexed,
717. I. List of Acts passed at a General Assembly in Barbados, Nov. 24, 1698—May 26, 1699.
(1) An Act for laying an imposition on wines and other strong liquors imported this island, Nov. 24, 1698.
(2) A supplemental Act for the provision of servants, Nov. 29, 1698.
(3) A declarative Act to an Act intituled, A Supplemental Act for the Provision of Servants, February 1, 1698/9.
(4) An Act to repeal a clause in an Act intituled an Act to ascertain the Duty of Masters of ships and merchants for the payment of an impost of powder on the tonnage, and a supplemental clause to the said Act, April 6, 1699.
(5) A supplemental Act for the further provision of white servants, May 18, 1699.
(6) An explanatory and additional Act to an Act intituled a Supplemental Act for the further provision for white servants, bearing date May 18, 1699, May 26, 1699. [Board of Trade. Barbados, 44 A. pp. 315, 316.]
Aug. 15. 718. Minutes of Council of New York. East India goods in the Custom house from on board Capt. Kidd's sloop inventoried and ordered to be sent to the Governor at Boston. Letter of M. de Calieres, Governor of Canada, communicated. The King's letter about the Indian affairs, read. Col. Peter Schuÿler and Robert Livingstone ordered to send a belt of wampum to the Five Nations, and summon them to a conference at Albany, for which propositions were ordered to be prepared. Petition of Jaspar Scheurman, passenger on the Scotts ship, to bring his clothes on shore, granted. The Fortune, being designed by the Governor to carry Naval Stores to England, ordered to be taken to Tuttle Bay and there preserved. Letter for Domine Dellius from Canada now in the hands of Mr. Nucella ordered to be sent to the Board.
Contract ordered for providing firewood for the fort at Albany. £40 ordered to Isaac Casperson for half a year's supply, and £13 to Thomas Wenham for two barrels of powder given to the Indians. £75 1s. 7½ d. paid to Robert Livingstone for provisions, etc. given to the Sachims at Albany in June.