BHO

Addenda: September 1701

Pages 737-741

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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September 1701

Sept. 2. 1163. Minutes of Council in Assembly of Barbados.
220l. paid to Sarah Dwight.
Error brought by Philip Banfield to reverse a judgment obtained against him by Henry Cleaver, son of Major Francis Cleaver, before Thomas Ince, one of H.M. Justices in the parish of St. Phillips, for 24l., 12 months' wages, said to be due from Banfield to Cleaver, for looking after his business as an overseer. Judgment confirmed.
13l. costs awarded Sam. Luke for Bill of Error brought by Col. Peter Colleton and George Rice.
Major Robt. Morris took the oaths as new Member of Assembly for the parish of St. Andrews.
Petition of George McKenzie, merchant, praying to be paid for several Scotch servants brought hither for the service of the country, read, and recommended to the Assembly.
Edward Lascelles granted drawback on Madera wine turned sour.
Wages of gunners and matrosses etc. paid.
John Farmer was paid 25l. for a negro executed for felony, and Henry Applewhaite the same for a negro executed for running away.
Petition of Capt. James Graham read, setting forth that several negroes belonging to Col. Boteler and Jane Hunt, widow, and Major John Broome, did lately burn a house belonging to him, together with Ann Armstrong and her three children, who lived there, which negroes were since executed. 18l. paid to him for the house.
20l. paid to Richd. Forstall for a negro lately executed, and 5l. to Major Thomas Neale for damages by him sustained.
124l. 14s. paid to John Steward for several boat-loads of stones and negroes' work for the house in James Fort.
Upon the complaint of Edward Chilton, H.M. Attorney General, that one John Fo(r)ster and Edward Forster had assaulted him on the King's Highway, going to Scotland Court, July 25, John Foster having at that time received his death's wound, and the Attorney General, having received several wounds from the two Forsters, prayed that Edward Forster might be bound over. Ordered accordingly.
The House attended H.E. and desired an answer to an Address presented relating to the disposal of the money raised for the use of the fortifications.
The opinion of the Attorney and Solicitor General was read, that the Pirates were well entitled to H.E.'s certificate that they surrendered before June 24, and the Council desired H.E. to grant them accordingly.
Edmund Bedingfield and Alexander Skene paid for administering oaths to Commanders of ships leaving these Islands.
Sept. 3. Act to revive the Act to secure peaceable possession of negroes etc. was read three times and passed.
Sept. 4. Supplemental Act to the Act of Militia was read three times, passed and consented to by H.E.
Act to provide a strength of Labourers for the fortifications was read three times, passed and consented to by H.E.
Proclamation ordered for a General Fast and Day of Humiliation to be held on Sept. 26, to implore God Almighty's Mercy for the removing those judgments that are upon us and to avert those that seem to threaten us. [C.O. 31, 6. pp. 18–24.]
Sept. 4. 1164. Minutes of Council of Virginia. 63l. sterl. paid to Henry Tyler for the land assigned in the City of Williamsburgh for the Residence of the Governor.
Sept. 5. H.E. laid before the Council a letter from Major Peter Field, Sept. 3, concerning two strange Indians taken somewhere upon Swift Creek and brought hither prisoners. Advised, that the whole matter be laid before the Burgesses. [C.O. 5, 1409. p. 148.]
Sept. 9. 1165. Minutes of Council of Virginia. The question was put by H.E. whether he may not, if he thinks fit, be present together with the Council when they are debating of Bills to return to the House of Burgesses, and to hear and to debate the matter with them, he having found the practice and custom to be such at his first coming to this Government and continued so till this present time. This being a very nice, intricate question the Council desired time to consider their answer.
H.E. desired the opinion of the Council concerning Christian servants being mustered. The Council were of opinion that they ought not to be mustered.
Sept. 10. Papers relating to the two strange Indians [Sept. 5] ordered to be laid before the House of Burgesses.
Sept. 11. The Hon. Robert Carter made oath to his accounts. [C.O. 5, 1409. pp. 148, 149.]
Sept. 13. 1166. Minutes of Council of Virginia. H.E. laid before the Council a letter from Lieut. Edwd. Durley, H.M.S. Lincoln, announcing the death of Capt. Edward Nevill, and his Instructions from the Admiralty to take command in such case.
H.E. laid before the Council a letter from Major Samuel Swan, North Carolina, Sept. 9, concerning the claim of Daniel Cox to North Carolina.
Ordered that Wm. Byrd write to William Penn, Proprietor of Pennsilvania, concerning the charges of an Indian he sent from Newcastle, Nov. last, and which he saith [Dec. 31, 1700], he at his own charges cloathed him, that he may send an account what costs and charge he was at, to the end the same may be paid. [C.O. 5, 1409. pp. 149, 150.]
Sept. 15. 1167. Minutes of Council of Virginia. Letter and Instructions from Mr. Burchett, June 25, 1701, concerning Capt. Passenger etc. laid before the Board.
Letter from Capt. Passenger abt. Westmore read. Ordered that it be sent to Major Buckner, and that he go on board and order Westmore forthwith to return his answer to H.E. and the Council.
Petition of Orlando Jones [see p. 519] referred to the Burgesses.
3l. sterl. paid Charles Evans for charges during the time he was writing for H.M. service at James Town. [C.O. 5, 1409. p. 150.]
Sept. 17. 1168. Minutes of Council of Virginia. [See Journal of House of Burgesses under date. No. 859.]
Sept. 18. H.E. laid before the Council the Address of the Burgesses to himself, Sept. 16 [see No. 893] and asked their advice whether it was a full and sufficient answer to H.M. Letter of Jan. 19. The Council are of opinion that whereas they say in the Address that was obtained by false suggestions and misrepresentation, these expressions are too harsh and severe, which the Council are doubtful they can't prove. Whereas they say their misrepresentations were merely to gain a contribution, the better to enable them to build forts for the security of their Indian Trade, the Council conceives that to be too severe a reflection, there being no ground for the same set forth in H.M. letter of Jan. 19. As to the Forts being no security to this Colony, it would have been much better to have said that Forts on the frontiers of that Government can be of no security to this Colony to keep off the French and their Indians from invading us. It would be well to add to the clause concerning the 900l., "having such large frontiers both by sea and land to be defended by our men at our own charges."
H.E. acquainted the Council that since it was resolved by the House of Burgesses that they could send no money to New York, H.E., considering the fatal consequence might thereupon follow, should the French come to understand that New York could not expect any aid from Virginia either for men or money, he thought himself in duty bound to disposet and lay down 900l. sterl. according to H.M. commands; that the Burgesses in their Address have not laid down reasons sufficient for H.E. to dispense with the King's Order of sending a quota of men to N. York, if demanded. Thereupon H.E. desired the opinion of the Council.
Sept. 19. The Council gave their opinion that it will not consist with H.M. interest and the peace and safety of this Colony to send the said quota of men to New York. [The reasons given correspond to those in the Address, pp. 540, 541.] H.E. laid his proposals [see Journal of House of Burgesses, Sept. 22, No. 882] before the Council, who prayed time to consider them.
Sept. 20. The Council gave their opinion that as to H.E.'s proposal, a Law should be passed to enable him to impress all arms and ammunition on emergency. As to the other proposals, the Council thought it more proper for the House of Burgesses to propose the ways and means to buy up arms etc., and for H.E. only to suggest the necessity, as being more agreeable to the custom in Parliament and more likely to take effect. H.E. asked whether, if they find no such ways and means, for the service and interest of H.M. and the security of this Colony he shall not then propose the two ways mentioned, 6d. per hhd. export duty on tobacco for one year and a tax of 15lb. tobacco per poll, because that he thinks himself bound in conscience and duty to God, the King and the Country [so] to do. The Council were of opinion that what they have before said cannot debar H.E. from making these proposals in that case.
Upon the application of Capt. N. Bostock, H.M.S. Advice boat Eagle, warrant ordered for him to impress a pilot to carry him up to Maryland.
Capt. James Moody, H.M.S. Southampton, was ordered to deliver on board the Eagle Robt. Keith, John Sharp, Wm. Tibbs, and John Edwards appointed by the Bishop of London Missionaries for Maryland, and Mr. Hugh Jones and one man servant, Gabriell D'Emilian and his son Charles D'Emilian, with their necessaries and 35 boxes of books.
Ordered that Capt. Passenger deliver up the sloop purchased to attend the Shoreham to Capt. Moodie.
Warrant signed for Capt. Moodie to impress "one seaman out of any ship who hath 12 seamen and who shall arrive within the Capes of Virginia" for the full manning of his ship. [C.O. 5, 1409. pp. 150–161.]
Sept. 22. 1169. Minutes of Council of Virginia. [See Journal of House of Burgesses under date. No. 882.]
Sept. 23. John Harris, of the County of Westmoreland, agreed to transport letters from Maryland to Williamsburgh for 30s. sterl. per journey, and for every packet he carried over Potomack River 10s.
Sept. 24. H.E. laid before the Council a letter from Capt. Moodie stating that the sloop he had received from Capt. Passenger was almost worn out and unserviceable. He proposed that H.E. should send to Governor Blakiston for the Spy boat Eagle to transport the Ministers [Sept. 20] to Maryland. Ordered accordingly.
Sept. 25. H.E. proposed to the Council that as to the matters mentioned in the Address to him by the Burgesses, he could by no means consent to lay down any way to ascertain pay for an Agent to address H.M. in the matter of N. York, and therefore would have them consider that at the same time that they Address H.M. for an Agent they must also address how and by what means he must be paid. The Council were of opinion that H.E. should speak to the Burgesses on the matter, if he wished to say anything, before the Joint Conference was held. As to that part of the Address to H.E. where they say it is not probable men can be sent to New York in such time as to be serviceable to that Province upon an invasion, the Council are of opinion that Clause might better have been omitted.
H.E. proposed what he should say to the House in the matter relating to the Agent. The Council say that they cannot direct H.E. in the subject matter thereof, but that H.E. may ask the House of Burgesses to see the Address to H.M. in the said Address concerning the Agent.
The House of Burgesses in their Address saying that they had passed a Bill about regulating the Militia, the Council are of opinion that the House having quashed that Bill themselves and made another, H.E. need say nothing of that matter. As to that part of the Address relating to building a house for the Governor, H.E. considering it hath been so often pressed, asks whether it would not be convenient that the paying for land purchased of Mr. Tyler whereon to build the same may not be now laid before the House of Burgesses. The Council are of opinion it ought.
In the last clause for 146l. 8s. 3d. H.E. cannot agree with the House that it is no country charge, but that some way ought to be found out to satisfy it. It is the opinion of the Council that it be inserted to the Book of Claims, as also the 63l. paid to Tyler.
Ordered that the sloop Elizabeth, purchased by Capt. Passenger 1700, be sold. [C.O. 5, 1409. pp. 161–165.]
Sept. 23. 1170. Minutes of Council in Assembly of Barbados. The Assembly not making a House, and there being no other business before the Board, the Council adjourned. [C.O. 31, 6. p. 24.]
Sept. 29. 1171. Minutes of Council of Virginia. [See Journal of House of Burgesses under date. No. 901.]
Sept. 30. The Council advised that H.E. should signify to the Governor of New York that he hath laid H.M. letter before the House of Burgesses, and as much of the substance of their resolve and their reasons as may be thought proper.