America and West Indies: July 1701, 1-5

Calendar of State Papers Colonial, America and West Indies: Volume 19, 1701. Originally published by His Majesty's Stationery Office, London, 1910.

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'America and West Indies: July 1701, 1-5', in Calendar of State Papers Colonial, America and West Indies: Volume 19, 1701, (London, 1910) pp. 330-339. British History Online https://www.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol19/pp330-339 [accessed 19 March 2024]

July 1701

July. 1. 603. Minutes of Council of Bermuda. Ordered, on a motion of Edward Jones, that he have a copy of the presentment and articles against him.
The Act to prevent the oppression and extortion of officers was, after some consideration and alteration, passed. [C.O. 40, 2. p. 39.]
July 1.
St. Jago de la
Vega.
604. Minutes of Council in Assembly of Jamaica. The House concurred to the Address to H.M. agreed upon by the Committee.
A message was sent to the House from the Governor and Council that, in answer to their message about the King's Bounty money, the money had been disposed of according to H.M. Trust and Directions, and they were accountable to nobody else. A message was also sent to the House that this Board had seen their Order to the Receiver General, and that it was the first president of that nature, for heretofore the Assembly applied themselves to the Governor, and prayed that he would order the Receiver General to lay before them his books and accounts, and it was never denied.
The Board desired information to be given to them about the election at St. James. Mr. Whitgift Aylemer, junr., came to be sworn a member for St. James. But the Board having objected to H.E. that they had been informed that Mr. Aylemer himself did not believe it was he that was chosen, and likewise that Mr. Daniell, the Marshal who took the votes of the Electors (who is now Messenger of the House), offered to swear that he did not apprehend that it was Mr. Alyemer, but his father Lieut.-Col. Aylemer that was chosen, and Mr. Daniel not being sent up to this Board, as was desired, H.E. told them it should be considered of. Committees were appointed for a Conference of the two Houses to consider the question. Col. Heywood, one of the Committee of the Council, reported that he had acquainted the Committee of the House that the General and some of the Gentlemen of the Council being informed by the Messinger of ye House, upon being asked about the Election of St. James, made answer he understood it to be Col. Whitgift Aylemer was chosen, upon which the Council and Board desired to be satisfied therein, and accordingly sent a message to the House to desire the Messinger might attend us, and upon his not coming, and the House sending up Whitgift Aylemer, junr., to be sworn, the Council were of Opinion ye Messinger had not given such information of ye Election to the House, both which occasioned the Conference to be desired. And further if the Assembly had sent for any person attending the Council, he should have been ordered to attend immediately, and the occasion of Mr. Aylemer's not being sworn was the not sending the Messinger. To which Major Rose answered that the House had not given them any power to debate, not knowing what would be proposed by ye Committee of the Council, but that he would report what had been said to the Assembly.
The Draught of an Address to H.M., agreed to by the Committees of ye Council and Assembly, was read, and consented to by this Board, and ordered to be entered in ye Council Booke, and ye Clerke of the Council ordered to acquaint the House therewith. "Wee doe also thankfully acknowledge your Majesties most gracious concern for us in this emergency, being surrounded by the French and Spaniard, in sending soe experienced a Regiment to succour and assist us against the threatening power of our neighbours, who are making great preparations for war both by sea and land, not doubting the continuance of your Majesty's most gratious favour in adding such further supplies as may enable us to withstand the greatest efforts of our enemys," etc.
July 2, Message sent up from the Representatives, that a Committee of the House had had a message in charge to attend the Governor to desire that Whitgift Aylemer might be sworn, before we received the message by the Clerk of the Council, and that hath occasioned the mistake that hath happened about our Messinger's not attending, which was an accident, without any intent to give ye least colour of offence to yr. Excellency or your Honors.
Resolve of the House sent up that they understood by the returns of ye writs that it was Whitgift Aylemer, the son, that was elected for ye parish of St. James's, and therefore the House desire he may be sworn. Mr. Aylemer sworn accordingly.
Message sent up by the Representatives pressing for an account of the 4,000l. Bounty money given by H.M. to the inhabitants of this island, who suffered by the French. They did not regard the Message sent yesterday as satisfactory; they were of opinion that every poor sufferer is intituled to a share, and that they, as their Representatives, ought to have an account thereof. H.E. and Council replied that they are sorry for the mistake was made by your Committee that carryed the message to H.E. relating to the King's Bounty money, that the Governor should answer to that message that he would give them a perticular account, whereas the answer he gave was that they should have an account, which account you have had already in your answer yesterday. [C.O. 140, 6. pp. 369–374.]
July 2. 605. E. Randolph to the Council of Trade and Plantations. Enclosing his account for soliciting the Bill for reuniting the Propriety Governments of the Crown. "I have great occasion for my money to provide necessaries for my voyage to the Plantations, whither I am bound the first oppertunity of shipping." Signed, Ed. Randolph. Endorsed, Recd. Read July 2, 1701. 1 p. Enclosed,
605. i. Account referred to above. Total 96l. 11s. 6d., of which 66l. 11s. 6d. rests due. Signed, Ed. Randolph. 1 p. [C.O. 5, 1261. Nos. 8, 8.i.]
July 2. 606. Council of Trade and Plantations to the Lords Commissioners of the Treasury, recommending payment of above. Signed, Stamford, Ph. Meadows, Abr. Hill, Mat. Prior. [C.O. 5, 1289. pp. 105, 106.]
July 2.
Pennsbury,
2nd m/6 (Jul.).
607. William Penn to the Council of Trade and Plantations. Honorable Friends, I intend by Capt. Puckle, the first ship that will sail hence since my last to you, to transmitt such laws as will be fit for your consideration in order to the Royal Assent. I am not yet answeared by Secretary Vernon wt. method to take about ye goods imported by one Wood, but really Gillams the pirate, whether to treat them as the Judge and Advocat of ye Admiralty formerly and lately have advised me, viz., as forbidden goods, or as ye goods of Pirates, and consequently the King's entirely. I have writ since to ye Secretary again, but because perishable commoditys, shall proceed to condemn ym. as customary in such cases, and convict them upon a publick vendue into money for ye King's service. We have not been molested with any more of those people, tho' I hear we are threatened by them in other parts for our strictness to them here.
I have had divers meetings with the several nations of Indians of these parts, as the Shaweno, Sasquehanagh, Skoolkill and Delaware Indians, by arguments and many presents to perswade their submission to ye Government, and not to warr one with another, or on other Indians under Governments that are under the Crown of Eng., but rather that they would referr their differences to ye respective Governments. they live under to issue them without blood, least such sort of Civil Wars, as they may be called, may not only wast them, but bring warr and danger too near to our English pale, if not engage some of them in their quarrels. At last they have agreed to warr no more upon Indians in ye neighbouring Governments, nor any else under the Crown of England, but to refer to me and ye Governor of those Indians with whom they may have difference, the decision or issue of any such difference. Of which I have writt to the Commander in Chief of New York, who assures me he will endeavour it, in his present conferences with the Five Nations at Albany. We are all quiet, in health, and the country improves, not by piracy or forbidden trade, but honest labour and sobriety, and I wish them that have recommended themselves by their officiousness, or would do so (having little else than shifting to live upon), were half as honest and usefull and honorable, as those they have faulted. Time will give truth in the best light, and artifice cannot always pass for it. I hope you have the name of the person I proposed for my Lieut.-Governor, if the King by your advice approved of him, of which I should be very glad to hear; the weight of affairs making me very easy in haveing that advantage, wishing rather to supervise than to be executive; but I must beg of you to represent to the King the reasonableness of such a person's being Vice-Admiral in ye same Province by ye King's Commission. There can be no fear of one that you approve. I shall hope for your favorable interpretation of the thoughts I sent you last, and to hear if any of them can deserve your approbation. I must say there is much to do to improve ye morrals of ye people, and the capacity of these parts of the world to trade, and wish the best methods may be fallen upon to prosper both. It has been much of our business in Council, as well as conversation, of late, to think of something that may better enable us to make returns for England, and we hope by rice, whale oyle and bone and a codfishery, with what Tobacco and furrs and skins we make and get, to do something considerable in a few years, if the charge of freight upon a warr succeeding shall not frustrate our projections. It is trade must make America valluable to England, and if the industry of the inhabitants be not encouraged and well conducted, the Colonys must either sincke or become a great charge to the Crown to support them. I take the boldness to affirm, here lies the clinch of the business, and other discourses are more entertaining than usefull, which I leave to ye proof of time, rather than ye credit of my assertion, and I heartily wish you would please to encourage a corrispondence with Governors upon the head of Improvement either by new staples, or advanceing the goodness of the ould ones. I will say now no more, but begg your favorable construction of what I have done, and to allow me a share of your good opinion, which is very much vallued by your very faithful and respectfull Frd., Wm. Penn. Endorsed, Recd. 1st, Read Sept. 2, 1701. Holograph. 7½ pp. Annexed,
607. i. Abstract of preceding. 1 p. [C.O. 5, 1261. Nos. 8.A., 8.A.i.; and (without abstract) 5, 1289. pp. 201–206.]
July 2.
Whitehall.
608. Journal of Council of Trade and Plantations. Mr. Randolph presented a memorial, which was read, and a letter thereupon writ to the Treasury.
Col. Fox, late Lieut.-General of the Leeward Islands, presented a letter from Col. Codrington, Jan. 30 last, wherein Col. Codrington referring their Lordships in divers particulars to such informations as Col. Fox might give, he was desired in the first place to lay before the Board a Memorial of the State of Defence of the Leeward Islands, and what stores of war are at present wanted there, which he promised to do accordingly.
Draught of a letter to Mr. Grey, now Lord Grey, Governor of Barbados, upon the subject of Mr. Skean's petition relating to the Secretary's place of that Island, was agreed upon, and ordered to be transcribed.
Letter from the Council of Barbados, April 15, relating to some complaints that had been made of the delay of Justice in that island, was read. Ordered that a copy of paragraph, which relates to Mr. Hodges's Complaint, and of the certificate therein mentioned, be delivered to the said Hodges.
A letter from the Lord Grey, Governor of Barbados (with accounts of the methods of proceedings in the several Courts of that Island) April 28 last, were read.
July 3. Letter to the Governor of Barbados signed.
Sir Henry Ashurst desired that the papers in this office relating to the sentence past at New York upon Jacob Leisler and Jacob Milburn in 1690 or 1691, may be communicated to him. Ordered accordingly.
July 4. Sir Henry Ashurst having yesterday had the perusal of above papers, desired copies of some, attested by the Secretary, which their Lordships directed to be given him accordingly.
Memorial from William Churchil, with an account of the Stationery ware furnished by him, July 3, 1700–June 25, 1701; likewise an account of postage of letters, Sept. 4, 1700–June 19, 1701, sent in by Mr. Short, the Post Officer, were laid before the Board. Directions given for preparing a letter to the Treasury thereupon.
Sir Tho. Trevor, late Attorney General, being now made Lord Chief Justice of the Common Pleas, ordered that the Jamaica Agent be minded to wait upon him for the Acts of that Island, which remain in his hands; and that he be desired to return to this Office the Acts of the Bermuda Islands, and any others that may be in his hands, whether he have prepared any Report upon them or no. Proclamation of July 12, 1694, containing some regulations relating to the colours to be born by H.M. Ships of War and others, was laid before the Board and read, and directions thereupon given for preparing a report, with a letter to Mr. Secretary Vernon in answer to his of June 18.
Mr. Champante acquainting the Board that [there] are ships now ready to sail for New York, and that unless some speedy directions be given upon the subject of their Lordships' letter to the Treasury of June 25, the Bills drawn upon him on account of the subsistence of the Forces at New York would be protested, and H.M. service there would very much suffer, the Secretary by Order of the Board did chereupon write to Mr. Lowndes, to desire him to mind the Lords of the Treasury of the importance of that matter. [Board of Trade. Journal, 14. pp. 80–92; and 98. Nos. 111–113.]
July 3. 609.Attorney General to the Council of Trade and Plantations. I have perused the Acts passed in the General Assembly of Jamaica, June 27, 1699 (enumerated), and find nothing therein contrary to Law or prejudicial to H.M. Prerogative. Signed, Tho. Trevor. Endorsed, July 7, Read Aug. 13, 1701. 1½ pp. [C.O. 137, 5. No. 43; and 138, 10. pp. 242, 243.]
July 3.
Whitehall.
610. Council of Trade and Plantations to Governor the Lord Grey. His Majesty having been pleased by Order in Council, April 3, to refer to our consideration a petition presented to him in the name of Alexander Skene relating to the place of Secretary of Barbadoes, we enclose a copy of the said Order and also of the petition. In confirmation of his right and proof of the injury done him there has also been presented to us a more particular Memorial, and we being desirous to enquire further into this affair have sent to Mr. Eyles, your Agent, for such information as he might be able to give us, and upon his answer having again taken the reply of Mr. Skene's friend thereunto, we send you likewise the copies of all those papers. And upon the whole we observe to you, that there seems to be an innovation made by yourself or your private secretary to the prejudice of the Secretary of the Island appointed by H.M. Letters Patents, which must by no means be allowed, yet that we may not trouble H.M. unnecessarily in a matter that you may and ought to remedy, nor report anything upon an imperfect information, we give you this notice, that you may without delay take care that Mr. Skene be either satisfied in the several particulars which he complains of, or that you send us a full and plain account of the reasons of your not doing it, in answer to the several allegations which you will find in the enclosed papers. We further give you to understand that in case there be not a speedy complyance made herein to his satisfaction, we do think it reasonable that you take sufficient security from Mr. Beddingfield, or whoever be the person officating in the Secretary's place, that in case the right to that place be determined by H.M. to be in Mr. Skene, he doe make good to Mr. Skene the full profits of that place, since the time of his having been obstructed in the free and entire enjoyment thereof, together with costs and damages. You are to give us an account of your proceedings in this matter, and withall to report according to the best information you can get, what the profits whereof Mr. Skene has been deprived do amount to, that we may be enabled to lay the whole before his Majesty. Signed, Stamford, Meadows, Abr. Hill, Mat. Prior. [C.O. 29, 7. pp. 334–337.]
July 3. 611. Minutes of Council of Bermuda. Master of a brigantine, forced in to repair a leak, allowed to land his cargo of liquors, provided he do not trade the same without paying duty.
July 4. The Assembly sent up an Address to H.E. about Platt.
An Act for establishing Fast Days to be celebrated four times in a year in an anniversary course was sent up and passed. An Act for laying an imposition on horses, etc., and an Act for laying an imposition on liquors and sugars passed. [C.O. 40, 2. pp. 39, 40.]
July 2. 612.Journal of Assembly of Bermuda. The Assembly met and the business of the House was prepared in order to be presented to the Governor in Council.
July 3. Acts for an Imposition on Liquors and Sugars; for an imposition on horses; and against the extortion of officers, were carried, and sent up.
Acts for four fast days to be observed throughout these Islands in an anniversary course, as also an Address of the Assembly to the Governor, presenting him with 300l. and his Lady with 50l., passed and sent up.
On the request of Capt. Edward Jones, late Provost Marshall, that he might have copies of the names of such as made affidavits against him, and of the affidavits sworn to, the House voted that he might have a copy of the charge against him, but not of the names of the persons that made affidavits against him, nor of the affidavits at present.
The Act for an Imposition on Liquors and Sugars was returned passed his Excellency and Council; whereto was also annexed a prayer of the Assembly to the Governor that Capt. John Tucker of the town of St. George may be appointed Treasurer to receive the money raised by the said Act, the which his Excellency the Governor and Council referred to a further consideration. This day the said Act was published on the Town Bridge.
July 4. See preceding Abstract under date. [C.O. 40, 2. pp. 264–266.]
July 3
and 4.
College of
William and
Mary.
613. Minutes of Council of Virginia. H.E. laid before the Council a letter from H.M. Jan., 1701, relating to auxiliaries to be sent to strengthen the Frontiers, etc.; also a letter from Lieut.-Governor Nanfan, May 20, 1701. Upon the reading whereof it is the opinion of ye Council that it is very much for H.M. service that H.M. letter, and the quota of men therewith sent, be laid before ye General Assembly at their next Sessions.
H.E. laid before the Council a letter from Governor Blakiston, June 20, 1701.
H.E. and the Council upon reading a letter from the Rt. Hon. James Vernon, intimating that the French had fitted out a squadron of men of war to be sent to ye Spanish West Indies under the command of M. Decoetlogoon, and signifying H.M. commands to H.E. to be upon his guard, and to take care to do all yt. may be necessary for the security of this Colony, in case there should be any attempt made against it, Ordered that a Proclamation be prepared commanding the Commanders in Chief of every County to make strict and publick enquiry of all ancient officers and others what publick arms or ammunition is in their several counties, and in whose custody, and that an account of the same be forthwith returned to the Council Office; yt. no arms nor ammunition upon any pretence be exported; that all merchants and dealers in this Colony give an account to the Commander in Chief of that County where they inhabit, what guns, etc., they have to dispose of and at what rate they will dispose thereof, to the end that the same may be purchased for the necessary defence of this Colony in time of eminent danger; and last yt. all and every the Militia, horse and foot, be alwaies in readiness at an hour's warning; well armed and equipt for war. This Proclamation was signed.
H.E. laid before the Council a copy of his letter to the Council of Trade, laying down the reasons for not sending all ye Journals, etc.
The Militia ordered to be mustered and lists of able men ordered to be prepared. Look Outs appointed for the coasts.
Naval Officers and Collectors ordered to make up their accounts upon Aug. 6.
A General Assembly being appointed to be held at H.M. Royal College of William and Mary upon Aug. 6, at which time the public levy will be laid, as in such cases is usual, it is thereupon ordered for the better effecting thereof, that the Clerks of every County Court send down to the Assembly a list of their County tithables.
Ordered that the Sheriff of each County give notice to the Burgesses to meet precisely on Aug. 6, and they are hereby further required to proclaim a Court of Claims to be held in their County some convenient time before ye said Sessions of Assembly, and to give notice that then the Burgesses will receive all such aggrievances and propositions as shall be given them by the inhabitants of their County to lay before the Assembly.
All person forbidden to go on board any ship before she have sent on shore and made herself known. Sheriffs to cause this order to be read at their respective Courts.
Letter from Mr. Secretary Vernon, March 4, 1701, ordered to be recommended to the Committee to revise the Laws; and the state and condition of the Militia, wherein they are to consider (1) whether it is most proper for every foot-company to have their fire-arms all alike; (2) whether it would not be best that they should be all horse or dragoons, ye foot being of little use; (3) whether a public magazeen of arms and ammunition would not be very convenient to be kept in each county by several Chief Officers; (4) whether to encourage all to enure themselves to feats of arms or deeds of chivalry, it would not be very proper to have public prizes in each county for shooting and wrestling and backsword; (5) in case of an invasion or approach of an enemy by sea or land (which God forbid) how alarms may be most speedily given; (6) whether for the better knowledge of the strength and forces of the country, it would not be very requisite to have every neck betwixt the four great rivers to be divided into several precincts, in each of which some able, judicious person may be appointed Muster Master, who from time to time shall render a list of the several troops of horse and companies of foot within such precincts, how they are equipt, which list is to be lodged in a peculiar place, to which we may at all times resort, and for the better encouragement of able, loyal and judicious men to perform that service, some valuable recompense may be annually allowed to such, and for the better maintaining the peace and tranquility of this Country, they are desired to take under their consideration the dangerous consequences of negros and servants running away and lying out, and to consult the best way to prevent, remedy and redress it, lest, if an enemy attack us, they either willingly joyne with ym., or being taken by them, should discover the state of the country.
Ordered that the result of the conference of H.E. and the Council and Assembly heretofore given concerning the Fortifications and defence of this Colony (May 9, 1699), be communicated to the Committee to revise the Laws, to sew what further expedient they can finde. [C.O. 5, 1409. pp. 134(a)–142.]
July 4.
Whitehall.
614. William Popple to the Jamaica Agents. I wrote to you, June 3, to desire your care in procuring Mr. Attorney General's Report upon the Acts of Jamaica, and now not doubting but his report has long been ready, and the new office he has advanced to making it necessary that he be freed from the trouble of all things of that kind, the Council of Trade and Plantations again command me to desire you to attend him about that matter. [C.O. 138, 10. p. 168.]
July 4.
Whitehall.
615. William Popple to William Lowndes. The Council of Trade and Plantations being informed by Mr. Champante that there are ships now about to sail for New York, and that unless some speedy direction be given upon their letter, June 25, the Bills that have been drawn upon him on account of subsistence for the soldiers at New Yorke will be protested and H.M. service there will very much suffer, desire you to remind the Lords of the Treasury of the importance of this matter, that such directions may be given therein as their Lordships think fit. [C.O. 5, 1118. pp. 306, 307.]
July 4. 616. William Churchill to the Council of Trade and Plantations. There is due to W. Churchill for stationery wares delivered for the use of the office from 1696 to Midsummer, 1701, 391l. 8s. 2d., for all which service he having never yet received anything, humbly prays that ye Lords of the Treasury may be effectually moved in that behalf, which considering how long he has been already out of his money, submits it to your Lordships the great loss he has and must otherwise still suffer thereby. Signed, William Churchill. Endorsed, Recd. Read July 4, 1701. ½ p. Annexed,
616. i. Bill for Stationery, July 3, 1700–June, 1701. Total, 121l. 17s. 5d. 3½ pp. [Board of Trade. Miscellanies I. Nos. 48, 48. i.]
July 4. 617. (1) The Post Officer's Account for postage of letters for the Board of Trade, March 28, 1699–Sept. 3, 1700. Total, 63l. 1s. 0d. Endorsed, Recd. Jan. 17, 1700/1. 3¾ pp.
(2) The Post Officer's Account for postage of letters for the Board of Trade, Sept. 4, 1700–June 19, 1700/1. Total, 26l. 8s. 4d. Endorsed, Recd. Read July 4th, 1701. 1½ pp. [Board of Trade. Miscellanies I. Nos. 46, 47.]
July 4. 618. Minutes of Council in Assembly of Jamaica. The Assembly pressed further for an account of the Bounty Money, "for that this House very well know that several sufferers have had no share of the Bounty." To which H.E. and Council replied that they were of opinion that noe further answer could be given than in theirs already to your former messages.
Message sent up from the House that they had resolved to debate to-morrow the taking care of the soldiers, and desiring that, your Excellency will be pleased to use your authority immediately to prevent the exportation of arms, ammunition and all provisions during the danger of a war. To which H.E. answered that he would give order accordingly. [C.O. 140, 6. pp. 374, 375.]
July 4. 619. Minutes of Council in Assembly of the Massachusetts Bay. His Honour, the Lieut.-Governor, being rendered uncapable by reason of sickness of further affording his presence in the General Assembly, or of admitting of their going to him, his Honour sent an Order under his hand adjourning them till July 30. [C.O. 5, 788. p. 295.]
July 5.
Whitehall.
620. William Popple to Sir Thomas Trevor, Lord Chief Justice. The Council of Trade and Plantations, observing that there are some Acts of the General Assembly of the Bermuda Islands yet lying in your hands, which were sent to you July 26, 1699, and it not being now fit that your Lordship should be any further troubled with those matters, desire your Lordship would please to return those Acts to their Office, whether you had formerly prepared any report upon them, or no. As for the Acts of Jamaica, which were sent you May 24, 1700, believing a report may already have been prepared thereupon, they have directed the Agents of that Island to wait upon your Lordships for it. If there were any other Plantation Acts in your Lordships' hands, it is desired they may be also returned hither. [C.O. 38, 5. pp. 166, 167.]