America and West Indies: May 1702, 21-25

Calendar of State Papers Colonial, America and West Indies: Volume 20, 1702. Originally published by His Majesty's Stationery Office, London, 1912.

'America and West Indies: May 1702, 21-25', in Calendar of State Papers Colonial, America and West Indies: Volume 20, 1702, (London, 1912) pp. 337-344. British History Online https://www.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol20/pp337-344 [accessed 24 April 2024]

May 1702



May 21.	Letter from Sir Thomas Lawrence, Annapolis, Dec. 8, read. Mr. Penn attending to desire their Lordships' excuse that he could not attend the Board this day, and signifying that he would attend to-morrow, Col. Quary was acquainted therewith, and a meeting appointed for their further hearing.
	Letter from Isaac Addington, March 10, read, and papers enclosed laid before the Board.
	Letter from the Earl of Nottingham, March 20, read. Direction given for preparing Commissions and Instructions accordingly.
May 22.	Upon a message from Mr. Penn that he has been taken very ill with a fever, their Lordships appointed next Wednesday for a hearing.
	Report from Sir John Cooke read. Directions thereupon given for preparing a Representation upon Mr. Clifford's case.
	Letter to the Attorney General with reference to the oaths to be taken by Governors, etc., ordered. [C.O. 391, 15. pp. 38–44; and 391, 96. Nos. 91–93.]
May 21. St.James'.	512. Order of Queen in Council. Approving of Representation of May 18 (quoted), and ordering that a letter be sent to the Governor of Virginia from H.M. of the tenor proposed. The Lords Commissioners of Trade and Plantations are to prepare the draught of a letter accordingly, to be laid before H.M. at this Board for the further signification of H.M. pleasure thereupon. Signed, John Povey. Endorsed, Recd. Read May 27, 1702. 2¾ pp. [C.O. 5, 1312. No. 35; and 5, 1360. pp. 178, 179.]
May 21.	513. Deposition of Gibson St. Leger. Having been sick above four months, the first time he went abroad was yesterday, when he was going to Col. Granville's to desire his favour in behalf of his son, for some employment under Sir Bevill Granville. In all that time he has seen Mr. William Howard but once, in St. James' Park, in a chair. Mr. Conyers came once to his house during his sickness. He does not know the hand a letter was writ in, which was showed him by Mr. Ellis, nor the hand in which the superscription is writ, for Capt. Lewis Conyers, at the Rose Coffee House, Convent Garden, London. He does not know of any ill design against H.M. or her Government. Signed, Gibson St. Leger. Taken by me, Jn. Ellis. 1 p. [C.O. 28, 38. No. 1.]
May 21. Whitehall.	514. Council of Trade and Plantations to the Queen. Enclosing draughts of Letters to the Governors of Barbadoes and the Leeward Islands, in accordance with the Order in Council, May 14. Signed, Stamford, Robert Cecill, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior. Annexed,
	514. i. The Queen to the Governor of the Leeward Islands. St. James's. May, 1702. Whereas we have thought fit to give particular directions for applying the duty of 4½ per cent. in our Charibbee Islands towards the repairing and erecting fortifications, and other public uses for the safety of our Islands, and being sensible that the said Duty will not in any sort be sufficient for compleating and keeping in repair all the Fortifications, and for the other public services necessary for the safety and welfare thereof, we do hereby signify to you our Royal will and pleasure, that you therefore propose to the General Assemblies of our Islands under your Government the continuing of the public levies, which they have formerly been accustomed to raise for the fortifications and other the public services of those Islands. [C.O. 153, 7. pp. 440, 441.]
May 21. Whitehall.	515. Council of Trade and Plantations to the Queen. Enclosing draught of following letter. Signed, Stamford, Robt. Cecill, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior. Annexed,
	515. i. H.M. the Queen to the President and Council of Barbados. Whereas we have thought fit to give particular directions for applying the duty of 4½ per cent. in our Carribbee Islands towards the repairing and erecting fortifications and other publick uses for the safety of our said Islands, and being sensible that it will not be sufficient for completing and keeping in repair all the fortifications, and for the other public services necesssary for the safety and welfare thereof, we do hereby signify to you our Royal will and pleasure that you therefore propose to the Assembly the continuing of the public levies which they have formerly been accustomed to raise for the fortifications and other foresaid publick services of that our Island. [C.O. 29, 8. pp. 31–33.]
May 21. At the house of Mrs. Sarah Trott in Hamilton Tribe.	516. Minutes of Council of Bermuda. Proclamation of H.M. Queen Anne, for continuance of Officers until Her Majesty's pleasure be known, read. Ordered that the Captains of the several Companies give public notice of their respective places of their rendevous, that all persons may know where to appear upon occasion.
	Ordered that in every cause, which by the motion of either Complt. or Deft. shall be referred from the day appointed for hearing, that such person on whose behalf such reference shall be allowed shall pay and allow unto the other party for his charge four pieces of eight within ten daies, or an attachment to be issued out. [C.O. 40, 2. p. 46.]
May 21.	517. Minutes of Council of Virginia. H.E. laid before the Council a state of the Militia and asked their advice what was most proper to be done to make them most effectual, being he had observed at all the musters he had been at, that not one fourth of the men were armed for service, and also desired that they would consider of some method to secure the frontiers, since the House of Burgesses had refused to joyne in a Committee for making the Act for securing the frontiers effectual.
May 22.	The Council resumed the consideration of the state of Militia, and were of opinion that the same and the several papers now lying before this Board relating thereto be recommended to the consideration of the House of Burgesses.
	Mr. Auditor Byrd reported on the case referred to him, of the Potomack Factor burnt before clearing, that the port duties were due, but might be remitted by the Governor upon the Master's petition.
	The Vestry of Hunger's Parish in Northampton County writing to H.E. that they had received a letter from Mr. Commissary Blair that Mr. Peter Collier (their minister) insisted on his trial, and that they were ignorant of the proceedings of such trials, but owned the Governor as supreme under the King both in Church and State, H.E. acquainted John Custis, one of the Vestrymen, with his Instructions in that matter, holding that it did not lie before him, but hoped Mr. Commissary Blair would do his duty therein.
	Mr. Auditor Byrd laid before the Council an account of several extraordinary charges paid out of H.M. Revenue since April, 1700, amounting to 580l. 14s. 10d., and also represented that H.M. Revenue was in arrear 200l. in April, 1699. On consideration that in case of war no ship can be expected next year, whereby the Revenue of 2s. per hhd., appointed to pay the annual salaries and contingent charges of the Government, will prove deficient, it was thought fit to be represented to the Treasury and Council of Trade that the above sum of 780l. 14s. 10d. and also 1,487l. 6s. 3d. paid Sir Edmund Andross out of the said Revenue by warrant from the Treasury may be transferred to the accounts of the quit-rents.
	David Menestrier, a blacksmith and one of the French Refugees inhabiting at Luciana, granted leave to take what coales he shall want for his forge out of the coal mines lately discovered there.
May 23.	Warrant signed for apprehending the seamen of the Potomack Factor, lately burnt, and securing them for H.M.S. Southampton. [C.O. 5, 1409. pp. 220–222.]
May 21.	518. Minutes of Council in Assembly of Virginia. Message from the Burgesses excusing the absence of Mr. Treasurer Carter.
	Message from the Burgesses that it is not convenient to proceed upon the Revisal of the Laws this Session.
	The Burgesses refused to join in a Conference with the Council to consider of the most proper methods for rendering the Acts for cohabitations more effectual.
	Petition of the French Refugees desiring leave to take up land referred to the Burgesses.
	Petition of Hill Drummond of Accomack County referred to the Burgesses.
May 22.	State of the Militia considered. Message sent to the Burgesses :—No man doubts of the certainty of a war being intended with France. There are only 10,000 odd Militia, which were indeed a considerable force, were they all duly armed and provided with ammunition, or could be drawn together in any competent time. Not one fourth of them is suitably armed. They live at so great distance from one another, and have so many rivers and creeks to pass that it will be very difficult to get any competent number together. H.E. and Council think themselves obliged to put the Burgesses in mind of the defenceless condition of this country, and doubt not they will provide it with arms and ammunition, and take some method for the more convenient transportation of forces over rivers and creeks. H.E. herewith sends the votes of the House of Commons in England, whereby it appears they have provided everything as if there were an actual war.
	Message sent to the Burgesses, that whereas some disputes have lately happened between the inhabitants of the Eastern Shore and those of Maryland concerning some lands lying on or about the provisional line running between the two countries, and at the last General Court in April a Patent having been presented to be signed by H.E. to Mr. Francis Makenny and others for a tract of land lying on the Eastern Shore, a caveat was entered by Col. Charles Scarborough, for the said Patent encroached upon the right of the inhabitants of Maryland, and there being also a petition presented by Hill Drummond complaining of a forceable entry committed by John Pope, of Somerset County in Maryland, upon a certain Plantation of which Drummond hath patent, and payeth quit-rents, H.E. and the Council recommend the same to the Burgesses, that care be taken to protect H.M. subjects of this Colony in their just right and properties, to assert H.M. right to the quit-rents, and that the bounds between this Colony and Maryland be ascertained in order to remove all manner of differences that may be occasioned for the future on that account.
	Several petitions referred to the Burgesses.
	William Bassett, elected Burgess for New Kent County, refused to take the oath to King William, being fully satisfyed he is dead.
May 23.	Petition of John Walter and an assignment by Dionisius Wright referred to the Burgesses.
	Ordnance of Assembly for setting the dividing lines between the Counties of Isle of Wight, Surrey and Charles City, and Nansemond on the South side the Blackwater Swamp, was sent up, and agreed to with amendments. The Burgesses agreed to the amendments. [C.O. 5, 1409. pp. 588–597.]
May 21.	519. Journal of House of Burgesses of Virginia. Mr. Treasurer Carter's absence excused. Ordered that he send in his accounts made up as far as he can.
	Grievance from Henrico County rejected, concerning the hunting of wild hogs, the Committee for revisal of the Laws having already made provision against hunting and ranging upon other people's lands.
	Grievance from James City County, praying that some speedy remedy may be had for the prevention of the daily and frequent pressing of horses in and about the City of Williamsburgh, referred for consideration next Session.
	Ordered that a Bill be prepared for the Division of Charles City County, in accordance with a grievance from that County.
	Resolved that it is for H.M. service and the interest of this country that the land on the south side Blackwater Swamp be laid open, that the same may be surveyed and patented as usual.
	Upon another proposition by Charles City County that the late line run as the dividing line between it and Surrey County be altered, resolved, that a perpendicular be raised upon the Blackwater Swamp being reduced to a strait line and the lines run parallel to that perpendicular from the Head of the Bounds of each County formerly settled to the Black Water Swamp for the dividing line of each County backwards.
	H.E.'s propositions of May 18 concerning seamen were referred to the consideration of the next Sessions of Assembly.
	Resolved, upon a proposition from Capt. James Moody, concerning a careening place at Point Comfort, that it is a duty incumbent on the Commander of H.M. ships, and no concern of this country. It is the opinion of this House that the annual charge proposed for maintaining the said careening place and works there done far exceeds the charge of the work itself.
	Several Claims referred to Committee. And see preceding abstract.
May 22.	See preceding abstract.
	Resolved that William Byrd is duly elected a Burgess for King and Queen County, and that the Sheriff, John Walker, made an imperfect return upon the writ, and be sent for in oustody of the Messenger to amend it.
	Petition of Mr. Catlets for allowance for taking the lists of the Militia was rejected.
	Bill concerning publishing News read a first time.
	Bill for dividing Charles City County read a first time.
	Bill, prohibiting Masters of Ships running away when embargoes are laid, read a first time.
	Ordinance for settling the bounds of Isle Wight, Surrey, Charles City and Nansemond Counties agreed to.
	Robert Beverly and Mr. Poland granted leave of absence, upon extraordinary occasions.
	The Committee of Public Claims reported that some of the Proprietors of the Land laid out for the City of Williamsburgh have refused to accept the money allowed them for the said land.
May 23.	Ordered that the matter be referred to the Committee for the Revisal of the Laws for some effectual course to be taken to confirm such land.
	Ordered that the bounds and quantity of land to be allowed for the French settlement at the Manakin Town be ascertained, according to H.M. letter of March 18, 1699. As to the number that may conveniently be permitted to settle there, the House submitted it to H.E. and Council.
	Resolved, that such of the Refugees as settled at Manakin Town should hold their lands as the rest of H.M. subjects in this Colony and Dominion do.
	Consideration referred to next Sessions of Assembly of H.E.'s recommendation to the House [May 22] to assert H.M. right to the quit-rents on the Eastern Shore, and that the bounds between this Colony and Maryland may be ascertained in order to remove all mannner of differences that may be occasioned between the two Governments for the future.
	Upon the recommendation of H.E. and Council as to the Militia, etc., resolved, that since the last returns of the Militia Lists, there has been great quantitys of arms and ammunition brought into this country, so that it is believed there is sufficient therein for the present defence thereof, yet notwithstanding it is conceived worthy the consideration of the next Session of Assembly to make further provision for the settling the whole Militia of this country.
	Consideration of the proposal, that some method be taken for the more convenient transporting of forces over rivers and creeks as occasion shall require, also referred to the next Session.
	Bill, to prevent Masters of ships running away after embargoes are laid, was read a second time and committed.
	Petition of several inhabitants of the head of the southern branch precinct of Norfolk County, living betwixt the great Bridge and the North-West River, praying that the Road formerly cleared there, may not be turned, rejected, the petition not being attested as the Law directs. The inhabitants may have relief in the County Court.
	1,500lb. of tobacco ordered to be apportioned to Timothy Medcalfe out of the account allowed to Dionisius Wright, upon the latter's petition.
	Petition of John Gladwin referred to the next Session of Assembly. And see preceding abstract. [C.O. 5, 1408. pp. 388–407.]
May 22. Whitehall.	520. William Popple to the Attorney General. The Lords Commissioners for Trade and Plantations have ordered me to send you the enclosed extract of his late Majesty's Commission to the Governor of Barbados, relating to the oaths to be taken by him and others, upon their entrance into their respective places, and to desire you to make such alterations therein, or additions thereunto, as are requisite, in pursuance of any Act of Parliament since passed, or now passing, relating to H.M. Plantations; that the same so perfected may be a model to them (mutatis mutandis) for the Commissions and Instructions of all other Governors, wch. are now to be despatched. [C.O. 324, 8. p. 159.]
May 25.	521. Minutes of Council in Assembly of Virginia. There being only two members in attendance, H.E. adjourned the Council till to-morrow.
May 26.	Message sent to the Burgesses, that whereas this year's public levy must necessarily be greater then what it hath usually been by the concurring charge of two Assemblies, and the number of tithables being in all probability very considerably increased since the last list was taken, H.E. and Council think it expedient that the levy should be laid by a new list of the tithables to be taken this year, and propose that the Assembly should make an Ordinance accordingly.
	The Burgesses sent a message in reply to such of H.E.'s propositions as were not already answered:—The proposal for preventing the publication of false news is referred to next Session. We have prepared a Bill for preventing ships running away after embargoes are laid. Proposals of May 18 concerning seamen referred to next Session. Capt. Moodie's proposition concerning a careening place at Point Comfort rejected as involving more expense than the work itself. As to the settling of the Chickahominy Indians' land, we are of opinion that the two Herring Creeks and the Mattapany River be the bounds for the three sides of the Chickahominy Indians' Land, if the Creeks run so far, and that for laying out the three miles from the Town backwards, the Surveyor make his centre in the middle of the line of cabbins w[h]ere the said Indians were seated. As to the French Refugees' bounds and the quantity of land to be allowed for the French Settlement at the Manakin Town and parts adjacent, we are of opinion that the same be allowed and ascertained according to H.M. letter, March 18, 1699. As to what number of Refugees may be conveniently permitted to settle at the Manakin Town, we submit the same to your Excellency and the Council. As to how such as settle there can be qualified to hold the land and what may be the easiest way to ensure the same to them, we are of opinion that they shall hold their said lands as the rest of H.M. subjects in this Colony do.
	We have referred the matter of the Proprietors of land at Williamsburgh to the Committee for the Revisal of the Laws, for an effectual way to confirm the said land to the Trustees of the City. We have referred to the next Session the question of the quit-rents on the Eastern Shore and the bounds between this Colony and Maryland.
	Since the last returns of the Militia Lists, there has been great quantity of arms and ammunition brought into this country, so that it is believed that there is sufficient for the present. Yet we are of opinion that it is worthy the consideration of the next Session of Assembly to make further provision for the settling of the whole Militia of this country. But lest between this and then any extraordinary emergencie should happen in a time of recess, upon such an accident, without the charge of a standing force, we leave it to your Excellency till next Session of Assembly, with advice of the Council, to levy suitable and competent forces, to be paid by the public, and to disband the same again as the cause of danger ceases, and desire the Council's concurrence in this particular. As to the transport of forces, we have referred the consideration of that matter to the next Session of Assembly.
	Bill to prevent Masters of ships running away after embargoes are laid, sent up, was read a first time.
	Ordinance of the Burgesses sent up for a return of tithables to be made by July 20.
	William Byrd, returned a Burgess for King and Queen County, refused to take the oath, etc., to King William on the ground that he was dead.
May 27.	Above Bill read a second time.
	H.E. proposed to the Burgesses that the time for the return of tithables be limited to July 1st. They agreed.
	Message sent down, agreeing to the Burgesses' proposal as to the levying of forces upon any extraordinary emergency, with some suggestions as to alteration of words defining such emergencies. The Burgesses agreed to the amendments. [C.O. 5, 1409. pp. 597–606.]
May 25.	522. Journal of House of Burgesses of Virginia. Bill to prevent Masters of ships running away, etc., amended.
	Bill concerning publishing news was read a second time and rejected. Ordered that the subject matter be referred to the consideration of the next Assembly.