America and West Indies
April 1700, 26-30

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Institute of Historical Research

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Cecil Headlam (editor)

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1910

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206-217

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'America and West Indies: April 1700, 26-30', Calendar of State Papers Colonial, America and West Indies, Volume 18: 1700 (1910), pp. 206-217. URL: http://www.british-history.ac.uk/report.aspx?compid=71341 Date accessed: 23 August 2014.


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Contents

April 1700

April 26.
Whitehall.
360. William Popple to Attorney and Solicitor General, for-warding for their information papers dealing with the misdemeanours of Rhode Island. Annexed,
360. i. List of papers enclosed. [Board of Trade. Proprieties, 26. pp. 194–201.]
April 26.361. Journal of Council in Assembly of Maryland. The Council approved of His Excellency's proposed Address to the Assembly.
H.M. Order in Council, Nov. 30, 1699, for repealing the Act of Religion and the Act ascertaining the Laws, laid before the Council.
His Excellency acquainted the Council with his proceedings in the incomplete Council, April 4, which were approved.
His Excellency approved of Mr. William Taylard, whom the Assembly chose to be Clerk of their House. The Assembly attending His Excellency in Council, the Governor delivered his Address to them. He hoped the good understanding between them would be continued. Since the last Assembly, ten months ago, he had not entailed 10l. charge upon them. The repeal of of the Act for establishing the Protestant religion gave, he said, no room for any suggestion that it was dissented to upon any other ground than that mentioned, it being clogged and loaded with things of different natures, which he hoped they would wisely correct.
April 27.John Pollard, J.P., ordered to examine George Bayns, Capt. John Taylor and Henry Hooper upon oath as to what they know about Capt. Bradshaw's reported running of 22 negroes on the shore side in Dorchester and Somerset without giving any account thereof. The Assembly replied to the Governor's Address. They gratefully acknowledged His Excellency's care and economy. They promised to endeavour so to adjust the Act of Religion that His Majesty would at length be able by law to establish religion amongst them according to the Church of England. They never had the least apprehension of His Majesty obstructing their liberty. The Governor and Council replied, recommending the Bill to establish religion to their first consideration. [Board of Trade. Maryland, 14. pp. 495–512.]
April 26.362. Journal of the House of Delegates of Maryland. Writs of election of delegates in place of Michael Miller and Symon Willmore, deed., Kent County, of George Ashman, Baltimore County, and of John Carvill, now High Sheriff of Cecil County, ordered. And see preceding abstract.
April 27.Leave of absence granted to a Justice of Kent County to go to hold Court for an election. And see preceding abstract. [Board of Trade. Maryland, 15. pp. 483–490.]
April 27.
Barbados.
363. Governor Grey to the Council of Trade and Plantations. Enclosed are attested copies of the depositions of Capt. Richard Gilbert and Mr. Dominick Arthur, lately arrived from Carthagena and Portobell, relating to the Scotch settlement at Darien and the Spaniards' resentments and proceedings in order to suppress them. Signed, R. Grey. Endorsed, Recd. June 28th, Read July 17, 1700. ¾ p. Enclosed,
363. i. Deposition of Richard Gilbert, Commander of the Resolution sloop. Barbados, April 23, 1700. On Jan. 7 he left this Island bound for Carthagene and Portobell, where he was informed by several persons that there were three Scotch vessels at Darien, and that there were then upon the place between 1,000 and 1,500 Scotchmen, and that at Carthagene and Portobell the Spaniards had made what force they could and had fitted out several ships, which were gone to suppress them. The Spaniards expected a considerable land force to join them from Penema. He was afterwards informed that the Spaniards, upon their arrival at Darien, sent proposals to the Scotch to surrender, promising them that they should have good quarter, provided they would quit their pretensions to the place, else they should have no favour or quarter. The Scotch replied that they were about their masters' business and that the right and property of the place lay in them. Copy. 1¼ pp.
363. ii. Deposition of Dominick Arthur, Supercargo of the Resolution. April 23, 1700. At Portobell he heard that there were about 1,000 Scotch at Darien, and that there were fitted out at Portobell seven sail of Spaniards, great and small, which carried 1,000 men, and that 1,000 Spaniards were coming by land from Penema to assist in opposing the Scotch. He was informed there were three sail fitted out with Spaniards from Carthegene, in which was the Governor of the said place, and set out to join the other fleet. Upon his second arrival at Carthegene, there came in a Captain of one of those ships that set out from Portobell, who gave an account of the Governor's landing at Darien with some force, but what passed there he had no account; but said that a Jamaica sloop, which had been seized by the Spaniards, was sent to Portobell for men and provisions; the Spaniards were beating up for volunteers, when he was at Carthegene. On the several parts of the coast where deponent had been, the Spaniards had the notion that the Scotch were relieved by the English, notwithstanding he took all opportunities to assure them the contrary and that several proclamations had been issued discountenancing them. Copy. 1½ pp. [Board of Trade. Barbados, 8. Nos. 53, 53,i., ii.; and 45. pp. 91–95.]
April 27.364. Minutes of Council of New York. Proclamation ordered forbidding the keeping of houses of entertainment and sale of strong liquors without a licence. [Board of Trade, New York, 72. p. 312.]
April 27.
Whitehall.
365. Earl of Jersey to Council of Trade and Plantations, referring for their opinion the enclosed petition. Signed, Jersey. Endorsed, Recd. Read April 29, 1700. 1 p. Enclosed,
365. i. Petition of Thomas, Earl of Lymerick, to the King. Petitioner, being desirous to retire to and pass the remainder of his life in America, prays for the grant of a tract of land called Pemaquid, formerly the private estate of the late King James, and yielding little or no benefit to your Majesty. ½ p. [Board of Trade. New England, 10. Nos. 33, 33.i.; and 38. pp. 13, 14.]
April 28.
Philadelphia.
366. William Penn to the Council of Trade and Plantations. Noble friends, I have three weeks ago received yours by Capt. Bond, by way of New York, and the duplicate from Governor Blackiston; they were very long on their way, being as old as September, but the duplicate came first. The Lords Justices' commands have been obeyed. I have displaced David Loyd from the station of Attorney General and that of Clerk of the Peace for this town and county, and intend his prosecution so soon as the Quarter Sessions come, and have given Col. Quary notice of it, to make good his charge, but for whom the business had been done long since, for several times I told him I was ready to shew my duty to the King in that affair. He told me he had not yet received any orders, and supposed I had not, and if it died on that side the water, he had no disposition to continue the animosity here; adding, he knew his usefulness in this place, and that besides him there was only Jno. Moore, Advocate of the Admiralty, his antagonist, and that he was much needed and trusted in the estates of the people, and that it might be very detrimental to them, as well as a present obstruction of the course of Courts, he being the alone man versed in the law, that knew how to keep them regularly. This, and the want of instructions, postponed his full disgrace. You may be sensible how hard a task is set me in a country under the circumstances this is, and I am also. But tho' he denies the fact in part, and the aggravation and venom of it wholly, I have shewn him my resentment, I believe, equal to your wish, and therefore not short of my duty. I have sent the two pirates and their treasure to New York, with my L.G.'s affidavit that it was all. Robt. Bradinham, Kidd's doctor, was, of those two, the only owner of the treasure, Evans being poor, has but 100l. upon a mortgage in all, and that has two or three executions upon it, for meat, drink and clothes. I am apt to think, also, he was cleared at the Old Bailey, when Oldfield, etc., were condemned, as being forced by Every, off the Isle of May, out of a merchantman. The account of what goes with Bradinham is enclosed, the original I sent to Lord Bellomont. Evans was never at sea since but to come hither for some money he had left in this Province, where he had several relations. He produced a printed paper of his clearance, no bill being found against him. But that being but a Sessions paper, and no other authentick voucher appearing, tho' Capt. Harrison of this River saies he was present, my L.G. thought fit to clap him up. I gave him money out of my own pocket to buy him some small necessaries for his voyage. There was also one William Stanton that was taken with Bradinham, who made his escape, and went home from New York in Capt. Warry or Wake, leaving behind him about 60l. sterl., upon which divers claims have been made. He was prosecuted to an outlawry and the money of course due to me, but I shall apply it to the great charges of pursuing, securing and transporting these pirates to New York, 110 miles from hence. He was none either of Kid's or Every's crew, but pretended to have been a fair, open trader to Madagascar. John Eldridge and Zion Arnold were also taken by Col. Quary in this Government, tho' sent by him to Burlington Goal. Their treasure, I think, amounted to 4,700 pieces of eight; Bradinham's above 2,000 as per inclosed acct., beside other silver and gold. So that what treasure or effects go with those eight or nine pirates came from this Government, and was here taken, which I hope will not be understood in our disfavour.
I have also seized James Brown, a planter about four years, that pretends only to have been a passenger in Every, and indeed so said two of Every's crew, Chinckton and Lacy, as divers magistrates did attest before me. But the owners of the ship he went out in being Bostoners, I have sent him to the Earl of Bellomont. His Plantation etc. is not worth 200l. There came lately to my notice this information, that when Capt. Kidd was off our capes, there went on board him one Geo. Thomson, Peter Lewis, Henry Stretcher, Willm. Orr, and Diggory Tenny from Lewis in Sussex; the three first stayed on board 24 hours, the two last but an hour, but both companies brought goods on shore, I hear to the value of 300l., which they concealed and sold as they could dispose of them. Some are yet in their custody. Thomson, Lewis and Orr were under suspicion of being old pirates, whose camerades have long sown themselves in Boston, Road Island, New York, Jersey, Pensilvania, Maryland, Virginia and Carolina, where their Capt., one Reiner, now lives, and, Col. Quary tells me, he bought their ship. They were 84 in company ; here are five of them in this Government, but three of them have followed a life of husbandry, turning planters, the other have trades. I knew not of this action till this day three weeks, and dispatched away the Sherif of this county with orders to the magistrates and Sherif of Sussex County, near one of the capes, 150 miles from this place, to take again into custody the said Thomson, Lewis and Orr, as also Stretcher, having seized Tenny here, (for Thomson, Lewis and Orr were then upon bail, having been apprehended by my order two months before upon old stories). They all affirm they knew not it was Kidd, but Samuel Wood, who, with four men, came on shore to mend an iron belonging to the boom of the sloop, pretending they were come from Antigua and bound up for Philadelphia with sugar, rum and molasses, and that Sam. Wood was Master, one that had been Master of a sloop formerly in this river. I have examined the men, all now in gaol here; they plead their willingness to get a penny, after being plundered, as was all the town, by a French privateer but a year before, not knowing of any proclamation against Kidd, and that they had the goods of Sam. Wood and one Gillam, and that it was not purchase but gift. But I find whatever they sold, half should be theirs. They offer to deliver up the goods they had, or value, and give good security to behave well, and to be forthcoming when the King's commands shall be known. It is true they are poor and married men and have children, but such men must not be endured to live near the sea-coasts nor trade, lest they become receptacles and broakers for younger pirates. Our present law will hardly reach them, looking only forward for such as commerce with pirates; our former, that would have done it, being disliked at home, was repealed, and the General Assembly that made the last would by no means look back, lest honest people might be affected, since many of those reputed pirates had some years ago been permitted to live in this and other Provinces, on condition that they left them not without leave and behaved well while they staid. I wait the King's Orders about them. I have them all under good bonds, and so suffer them to live with their families on their plantations till I receive further directions.
You cannot easily imagine the difficulties I lie under, what with the King's affairs, those of the Government, and my Proprietary ones. No King's Governor, without vanity, has had more care and vexation, tho' I receive nothing from the Crown to support me under it. The money sent from this Government is, as I conceive and lawyers tell me, a royalty of my grant, having all these forfeitures that belong to the King in his more immediate Colonies; nothing being reserved from me, save allegiance and quit-rent, appeals and approbation of laws. As for the people here, they are soured to see their accusers believed, and think themselves both innocent and meritorious. However, 'tis I that pay the reckoning, for instead of a free and flowing regard to my long expensive circumstances, both in beginning and preserving this Colony and Government at the clear expense of above 24,000l. sterl. (for the truth of which I can take my solemn attest), besides the loss of time, hazards run, interest employed and fatigues endured 19 years, they are very cool in considering my circumstances, thinking themselves injured in their reputation and unsafe in their interests, believing the common law to be overruled by the Admiralty Office, and that the King is to give way to the Admiral, in that the Admiralty swallows up half the Civil Government by allowing no Corpus Comitatus, tho' planted 150 miles up the bay and river, and that their vessels are taken from their wharfs and keys, and their properties judged away from them without a jury, and by those, too, that they say have aggravated their weakness into guilt and interpreted their inadvertencies design, and are accused without distinction; that they came hither to have more and not less freedom than at home. These and the like expressions are known to Col. Quary to be often uttered, and I am but too sensible of it in my own interest. But that which most of all moves them in this regard is not only that the Admiralty observes no such thing as Corpus Comitatus, notwithstanding so many towns along the river, but will bring into their Courts, which they say are four times more costly than those of the Common Law, every private cause that relates to any vessel; further alleging that it is not thus in the King's immediate Governments. I did hope that, not any more intermedling with what regarded the King's affairs, as fraudulent trade etc., our Civil Courts might by juries decide all the rest as formerly, which they will have to be the right of the English subject at home, and therefore it should not be denied them here, in that more and not less privileges seems the reason of such grants for planting these wildernesses. Pray help me to explain this head more satisfactorily, for I am often closely attacked upon it. As for piracy, I must needs say that if Jamaica had not been the seminary, where pirates have commenced Masters of Art, after having practised upon the Spaniard and then launched for the Red and Arabian Seas, and at Madagascar have found a yearly supply of flower and ammunition from some of our neighbouring Colonies, that has perhaps in ten years time got a million by it, and then have returned these fellows upon us and our coasts, to us unknown, we had never had a spot upon our garment. And as we never traded with those suspicious places, so we have last General Assembly made a law to forbid any trade to Madagascar or Natal under any pretence whatever, to prevent jealousy.
Both Bradinham and one Hickman, that are now to be embarqued, pretend to discover the methods by which this trade is carried on, and how to prevent it; if they deserve well of the King, to be sure they will find the advantage of it, for there is something more than hanging that must cure this deadly poison, of which I may in 20 dayes' time humbly propose for the King's consideration.
I wrote that I had sent a copy of the Laws to Secretary Vernon, but my packet missing the opportunity, I have recovered it and send it herewith. You will see we have obliged the King's Officers to see the hhds. of tobacco weighed, just before shipping, which before, by instructions from Edwd. Randolph to the Collectors, were to pass at 350 and 400 lbs. by content, whereas they were seldom under 6 or 700 lbs. and many 8 or 900, by which the King was defrauded of near half his revenue, which would have cleared the charge of the officers in this bay and river, with some overplus for contingencies, whereas now I fear there is but a spare and lean account given into the Commissioners of Customs from this place of what has been received by that gentleman for many years past. The Act of Parliament implies the tobacco must be weighed, or how should the King come at his penny per pound? And if this strictness should lessen the trade of tobacco for the West Indies and our neighbourhood, the more goes for England, where the revenue of the Crown is much more benefitted. I have been very warmly urged, and the Council too, by the pirates for a trial, alleging that I had the King's commands to make such a law, and that, in pursuance thereof, we past one, and yet the subject has no relief, but is denied the benefit of it, and sent for England upon a letter from the Secretary of State, tho' a legal provision be made in the case. I send one of their petitions. My meaning is to know the King's commands in case of a fresh crew, whether they shall be sent home or tried here, for we hear of 20 sail up and down the West Indies, but not of force of guns, but men, yet one of them, they report, carries 24 guns; a brigantine of about 70 tunn and 50 men carried off a vessel belonging to Liverpool, of 300 ton, but partly by Covin. There are two or three more vessels taken about the same time, loaden with provisions; from one of them, I think the Liverpool ship, they took what they wanted, cut her masts by the board and turned her adrift. She is arrived, however, safe in Virginia, her intended port. I have writ to have one, of two Lieutenant Governors in my eye, named to you, in order to have the King's approbation. I must again remind you of the burthen we groan under for want of a short clause that those called Quakers in the Plantations may register their vessels upon their customary attestation in other cases, as freely as if they took an oath. I heartily beg your favour in this affair, as well for the service of trade in general as for the inhabitants of this Government. And since you are the King's Council of Trade and Plantations, pardon me if I say it seems to me to be your peculiar province to represent and recommend it for our relief. Signed, Wm. Penn. I have been forced to another's hand, by reason my own letter was, by accident, not fit to send. 14 pp. Enclosed,
366. i. Abstract of preceding. 3 pp. Endorsed, Recd. 25 June, Read 26 July, 1700.
366. ii. Deposition of Wm. Markham, late Governor of Pennsylvania, concerning the treasure seized by him belonging to Robert Bradinham, imprisoned on a charge of piracy. April 8, 1700. Copy. 1 p. Same endorsement.
366. iii. Duplicate of preceding.
366. iv. Memorandum of Acts of Pennsylvania, 10 Feb. 1699/1700. ½ p. [Board of Trade. Proprieties, 5. Nos. 43, 43.i.–iv.; and (without enclosures), 26. pp. 271–285.]
April 29.
Skinners Hall.
367. Wm. Thornburgh to Wm. Popple. I have communicated your letter to the Lords Proprietors of the Bahama Islands, who could not but believe that the Council of Trade and Plantations were entirely satisfied with the bond Mr. Haskett hath already given, especially considering the Lords Spiritual and Temporal required security from the Governor only. (See Cal. 1697. No. 820). Signed, Wm. Thornburgh. Endorsed, Recd. Read April 30, 1700. ¾ p. Enclosed,
367. i. Math. Johnson to the Proprietors of the Bahama Islands, 22 Feb., 1696 (7). The Lords Committees desire that you will agree to settle a certain allowance upon the Governor, and that he may be obliged to give security such as is proposed by the Representation of the Commissioners of Trade. Signed, Math. Johnson, Cler. Parliamentor. Copy. ½ p. [Board of Trade. Proprieties, 5. Nos. 44, 44.i.; and 26. pp. 201, 202.]
April 29.
Whitehall.
368. Mr. Secretary Vernon to Lord Lexington, enclosing, for consideration of the Board by Wednesday next;
368. i. Alternatives proposed by the French Ambassador, with regard to the French and English boundaries in America :—I propose (a) that France should keep Fort Bourbon and England Fort Chichitouan, the place, which I believe is called Cape Henrietta Maria, half-way between the two, to be the boundary. In this case the French boundary on the side of Acadie would be drawn at the River St. George; (b) that France should have Fort Chichitouan and the English Fort Bourbon, with the same boundary, but that in this case the French boundary on the Acadie side should extend to the River Quinibiquy.
As to fishing, since all commerce between the two nations in the colonies is forbidden, and since, under pretence of fishing, there would not fail to be contraband traffic, it is thought that, in accordance with the custom already established in those parts, fishing should be forbidden out of sight, fixing the distance at eight leagues, and that for the same reasons the islands included in that space should belong to the nation to whose coast they are nearest. French. 1½ pp.
368. ii. Observations by the Council of Trade and Plantations on the foregoing proposals. What the interest of the Hudson's Bay Company may be in keeping Fort Chichitouan, alias Fort Albany, or exchanging it for Fort Bourbon, alias York Fort, they themselves can best determine. As for the equivalent proposed by the French upon the confines of New England, in case of their keeping Fort Bourbon, alias York Fort, the English boundaries in those parts ought by right to extend to Ste. Croix eastward; at least there is no colour for the French to pretend any right westward beyond the River St. George, so that the pretended equivalent in settling the boundaries between the French and English on the River St. George is none at all, and would in effect rather deprive us of our right than add anything unto it. The proposal for settling limits between the English and French in Hudson's Bay is groundless, for by the late Treaty of Peace, the only right reserved to the French in Hudson's Bay is in relation to those places which were taken from the English by the French during the peace which preceded the late war, and retaken from them by the the English during the war, which cannot imply any extent of territory more than the places so taken and possessed; and the Hudson's Bay Co. challenging an undoubted right to that whole bay, antecedent to any pretence of the French, it is necessary they be consulted before any concession of territories be made to the French in those parts. 1½ pp. The whole endorsed, Recd. Read April 29, 1700. [Board of Trade. New England, 10. Nos. 34, 34.i., ii.; and 38. pp. 10–13; and Hudson's Bay, 3. pp. 87–90; and (Memorandum of above) 2. No. 25.]
April 29.369. Journal of Council of Trade and Plantations. Ordered that the Secretary send to Mr. Lowndes a copy of H.M. Order in Council, April 11, relating to the irregularities of Rhoad Island and desire him to move the Lords of the Treasury to direct their solicitor, Mr. Baker, to attend Mr. Attorney and Mr. Solicitor General for expediting the effect of the said Order.
Capt. George Brook presented H.M. Order in Council, April 18, with a letter from the Duke of Schonburgh to the Board, recommending him as a fit person for the government of the Bermuda Islands.
Mr. Champante with Mr. Baker, Solicitor of the Treasury, on the one side, and Mr. Basse on the other, attended the Board for advice about a Rule of Court to be agreed unto by both parties in Mr. Basse's action v. Lord Bellomont for seizing the Hester at Perth Amboy. Whereupon their Lordships directed them to settle it so that the right of Government pretended to by the Proprietors of the Jerseys may be brought into the same question, and they promised to advise together and take measures accordingly.
Ordered that the Secretary acquaint Sir Charles Hedges that their Lordships desire to speak with him, so soon as he thinks fit, about the late Act for the more effectual suppression of pirates.
Letter from Mr. Day, L.G. of Bermuda, Jan. 29, read. The papers referred to in it were laid before the Board.
Letters from Mr. Randolph, Bermuda, Jan. 3 and 29, read.
Abstracts of above letters ordered to be prepared, to be offered to H.M. in Council as there may be occasion.
Letter from Lord Jersey, April 27, read. Copy of the Earl of Limmerick's petition ordered to be sent to Sir Henry Ashhurst for what he may have to offer thereupon in relation to the interest of the Government and Colony of the Massachuset's Bay.
Lord Lexington communicated to the Board a letter from Mr. Secretary Vernon, enclosing the proposals of the French Ambassador relating to the limits between the English and French in America, which was read and some observations made thereupon, which may be fit to be considered in treating with the said Ambassador upon that subject.
April 30.Letter from Mr. Thornburgh, April 29, read, and answer directed.
Letter from Sir William Beeston, Feb. 1, read. Upon the paragraph relating to runaway negroes detained by the Spaniards, resolved to take the whole matter of runaway negroes, as well in relation to the French as Spaniards, into consideration on Friday. Directions given for preparing an answer to the rest of the letter.
Letter and papers from Mr. Grey, Feb. 28, read. Answer directed.
The Earl of Stamford and Lord Lexington acquainting the Board that the House of Lords before their rising had ordered that this Board may have the use of the Books of Entries inwards and outwards for some years, which were prepared by the Commissioners of the Customs, ordered that the Secretary call upon Mr. Walker, one of the Clerks of the House of Lords, for the said books, and give a receipt for them.
Ordered that Sir Edmund Andros be desired to attend.
Representation upon the Jamaica Act, obliging patentees to reside, signed.
Memorandum ordered that the Board have agreed that, upon any vacancy in the Council of Barbadoes, Mr. Drax shall be the first named to supply it. [Board of Trade. Journal, 13. pp. 17–22; and 97. Nos. 79, 80.]
April 29.370. Journal of Council in Assembly of Maryland. Petition of Mr. Gerard Slise, of St. Mary's County, craving consideration for damage he sustained in the late Revolution, was referred to the delegates.
His Excellency proposed that His Majesty's mercy should be extended to two burglars under sentence of death, this being their first offence, and having stolen but a trifle. The Board advised His Excellency that in case he should be informed of any other evil practices done by them, they should be executed, for that so many burglaries are so daily committed in this Province, that some public example was absolutely necessary.
His Excellency and Council committed to the Delegates Lord Bellamont's report of the threatened insurrection of Indians. "If the Five Nations should withdraw their obedience to the King, I fear Virginia and your Province could not subsist many months, where you have no towns to be a retreat and security to your people." The Delegates were invited to propose measures for the defence and security of the Province.
His Excellency communicated to the Delegates H.M. Order in Council for dividing land mentioned therein, and asked for their opinion as to whether the expense of dividing it should be borne by the disputants or the public.
His Excellency laid before the Board the letter of the Council of Trade and Plantations, Sept. 20, 1699, and proposed that some order might pass for the Sheriffs and Constables to take a list of the inhabitants, their religion, families, slaves and servants, which he had not as yet been able to procure by reason the Constables and others appointed are so ignorant and illiterate. He had now sent a specimen to each Sheriff directing how the lists should be taken. Ordered that the Sheriffs take effectual care to return them, the Constables being generally poor people that can neither read nor write.
His Majesty's commands about pirates, Nov. 10, 1699, and the letter of the Council of Trade, Nov. 13, 1699, read.
The Delegates announced that they did not think the public ought to be at any part of the charge for running out the divisional line between Lord Baltimore and the Hon. William Pen. They had no apprehension of any danger from the Indians, but would always be ready to comply with what was necessary.
Mr. Philemon Lloyd took the oaths and subscribed the test and association as a Delegate of Talbot County.
George Plater, Naval Officer, sworn to his accounts.
April 30.Petition of Robert Carse read and referred.
Some of the arms, which His Excellency sent for, were brought for the Board to view, and were approved of. One hundred more were ordered from London, and also "seven small guns and four Union Flags, that we may shew our loyal regard to His Majesty upon his birthday and hoist a flag to any ship that comes into this harbour." The Council submitted to the Delegates an account of the late treaty with the Indians, and asked them to consider (1) whether it be not proper to renew the former ordinance for deciding any petty quarrels between them and adjacent Indians by appointing two judicious persons near them for that purpose, as His Excellency had promised them; (2) whether it is advisable to continue the Rangers on the frontiers after the Indians shall come in and settle, and, if so, how many. His Excellency has thought fit the last winter to lessen the number from 20 to 10. (3) If the Indians do return and settle as before, whether it may not be advisable to cause that new-built fort to be demolished, to prevent them or other Indians from settling it, and, if so, to consider the method and charge of doing so. (4) Whether, since they are not yet actually come in, it be not advisable to appoint a standing Committee of their House to join with His Excellency and Council for the safety of the Province in case of any emergency, as formerly. (5) Whether it be not requisite to renew the former order to some persons to treat with those Indians at the head of the bay, since those before appointed have done nothing therein, which is believed here to be a matter of great consequence. The Council recommended, according to H.M. Instructions, to the Delegates the provision of a store-house to secure the public arms, etc., and of a keeper thereof. Attorney General ordered to assist the Committee of Laws in drawing up an Act for the establishment of the Protestant Religion. [Board of Trade. Maryland, 14. pp. 512–522.]
April 29.371. Journal of House of Delegates of Maryland. His Excellency's addresses and the reply of the House ordered to be printed. Committee of the House ordered to thank Dr. Bray for his good services, "and also for that excellent sermon he was pleased to give us yesterday." Writ for election of Delegate for Baltimore County in place of Mr. Thomas Stayley, now High Sheriff, ordered. Proposals of a member for the advancement of money in this Province were referred for consideration. Election of John Nutwell for St. Mary's County declared void, the writ not having been duly executed. New writ ordered. An express order was sent to Mr. Blake, High Sheriff of Calvert County, for the counterpart of the indenture of the election of William Parker. Mr. Wm. Bladen ordered fully to explain his petition. And see preceding abstract.
April 30.Committees for revising the Act of Religion and inspecting the public accounts appointed. And see preceding abstract. [Board of Trade. Maryland, 15. pp. 490–498.]
April 30.
Whitehall.
372. Council of Trade and Plantations to the King. We humbly lay before your Majesty an Act past in the General Assembly of Jamaica, June last, for obliging Patentees of Offices to reside within that Island; whereby it is enacted amongst other things that, upon the non-execution of any Patent place by the Patentees in person, the Governor or Commander in Chief of the island, by and with the advice and consent of your Majesty's Council there, may appoint some other fit person to execute the same, who shall take the whole profit thereof without refunding any part or rendering account to any Patentee or other person whatsoever; and whereas the said Act seems to have been occasioned by your Majesty's Order in Council, Feb. 16, 1698, upon our humble proposal, which we conceive very necessary, we are nevertheless humbly of opinion that your Majesty be pleased to repeal and disallow the foresaid Act as being derogatory to your Majesty's Royal Prerogative of granting patents and of directing what may be necessary in relation to the same. Signed, Stamford, Lexington, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Abr. Hill, Geo. Stepney. [Board of Trade. Jamaica, 57. pp. 44, 45.]