America and West Indies
November 1700, 6-8

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Institute of Historical Research

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Cecil Headlam (editor)

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1910

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641-646

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'America and West Indies: November 1700, 6-8', Calendar of State Papers Colonial, America and West Indies, Volume 18: 1700 (1910), pp. 641-646. URL: http://www.british-history.ac.uk/report.aspx?compid=71375 Date accessed: 29 July 2014.


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Contents

November 1700

Nov. 6.
Whitehall.
912. William Popple to the Agents for Barbados. The Council of Trade and Plantations being now about to consider the Barbados Acts, which were lately delivered me by Mr. Bridges, have commanded me to acquaint you that, if either you or any other gentlemen concerned in that Island, have anything to offer to you relating to any of those Acts, they desire it may be done in writing with what speed you can. And they again further desire that the remaining Acts of the said Island, which are yet in Mr. Attorney General's hands may be forth-with dispatched to them. [Board of Trade. Barbados, 45. pp. 128, 129.]
Nov. 6.913. A list of the Governors and Deputy Governors in the several Proprieties, who are not allowed of by H.M. Order in Council, as is enacted by the Act for Preventing Frauds, etc.
(1) Samuel Cranston, Governor of Rhode Island. He refused to administer the oath to Col. Peleg Sandford, Judge of the Court of Admiralty, intending thereby to incapacitate him from acting as Judge.
(2) Col. John Winthrop, Governor of Connecticut.
(3) Col. Andrew Hamilton, Governor of East and West Jersies.
(4) Mr. Markham, late Lieutenant Governor of Pennsylvania.
(5) Henderson Walker, Governor of North Carolina, chosen by the Council only, in ye room of Thomas Harvey, decd.
(6) Joseph Blake, Proprietor and Governor of South Carolina.
(7) Read Elding, Deputy Governor by deputation from Col. Webb, the late Governor at Providence.
Query. Whether the Governors in the Proprieties, not being first approved of by H.M. Order in Council, before they enter upon their respective Governments, are qualified to put in execution the Acts of Trade, or have a right to receive the benefit of forfeitures, arising upon the breach of any of the said Acts.
Query. Whether Mr. Penn, the present Proprietor and Governor of the Province of Pennsylvania, be qualified, not being first approved of by H.M. Order in Council, as by the aforesaid Act is directed. Endorsed, Communicated to the Board by Mr. Randolph. Recd. Nov. 6, 1700. 1 p. [Board of Trade. Proprieties, 5. No. 71; and 26. pp. 331, 332.]
Nov. 6.
Whitehall.
914. Mr. Secretary Vernon to the Council of Trade and Plantations. I have received an account this post from the Mayor of Bristol that one Edward Atterbury, a pirate, is brought thither from Maryland. I desire you will let me know what informations you have against him. Signed, Ja. Vernon. Endorsed, Recd. Read Nov. 7, 1700. ½ p. [Board of Trade. Maryland, 4. No. 17; and 9. p. 560.]
Nov. 7.915. William Popple to Mr. Yard. Reply to above. The Council of Trade and Plantations have no informations concerning Edward Atterbury, but the copies of such papers as Col. Blakiston writes them he has sent to Mr. Secretary upon that subject. [Board of Trade. Maryland, 9. p. 561.]
Nov. 6.
Whitehall.
916. Journal of Council of Trade and Plantations. Mr. Cary presented an Act past at Antegoa by Col. Fox, May 23 last, to enable Alexander Craford to sell a parcel of land, and intimating some doubt whether the Acts past by Col. Fox would be esteemed valid or not, desired their Lordships would take this point into consideration and report upon this and other Acts past by Col. Fox, which they resolved to do as soon as may be.
Ordered that a copy of the trial between Mr. Bass and the Earl of Bellomont, about the seizure of the Hester, be sent to Lord Bellomont.
Letter from Mr. Addington, Sept. 3, read, and enclosures laid before the Board.
Letter from Mr. Phelps (Nov. 4), in answer to one writ him Nov. 1, read.
Mr. Randolph presented to their Lordships an account of the present state of the Bermuda Islands which was read, and the papers therein referred to laid before the Board. Whereupon Mr. Randolph was told he might get affidavits of such facts he mentioned, as he said he had witnesses here to prove, and then to lay them before their Lordships. He also presented to their Lordships the narrative of his Survey, Report upon the Revenue from Tobacco, and a List of the Propriety Governors not allowed of by His Majesty.
Orders of Council, Oct. 22, confirming and repealing several Acts of Nevis and Antegoa, laid before the Board.
Orders of Council, Oct. 22, confirming and repealing several Acts of the Massachusetts Bay, laid before the Board.
Orders of Council, Oct. 22, repealing and confirming Acts of New Hampshire, laid before the Board. Ordered that copies of those relating to Massachusetts Bay and New Hampshire be sent to Lord Bellomont. Their Lordships taking into consideration the Acts of Barbados, mentioned Nov. 1, ordered that a letter be writ to the Agents of that Island, to acquaint them that, if they or others have anything to offer to the Board, relating to those Acts, they do it in writing with what speed they can.
Nov. 7.Upon consideration of some queries proposed in Mr. Randolph's State of the Bermuda Islands, letter of enquiry written to Doctor Newton, Advocate of the Admiralty.
Letter from the Bishop of London, Nov. 1, read.
Letter from Mr. Secretary Vernon, Nov. 6, read. Secretary ordered to reply to Mr. Yard, supra Nov. 7.
Upon consideration of the business of Forts in the Plantations, letter to Lord Rumney ordered.
Nicholas Gellibrand presented his memorial to the Board (infra, Nov. 7), which was read. He was told that it was more proper to make his application to the Admiralty.
Acts of Barbados further considered, and upon consideration of some of those Acts passed by the President and Council after the death of Governor Russel and before the arrival of Mr. Grey, ordered that a postscript be added to Lord Bellomont's letter and a like memorandum to all H.M. Governments in the Plantations, as occasion offers, to caution them that whenever the Government of any Plantation comes to devolve into the hands of a President and Council, they do not pass any Acts but such as are immediately necessary for the Peace and Welfare of each Government, without His Majesty's express order.
Ordered that the Secretary write to Mr. Addington, Secretary of the Massachusets Bay, that whatever advice relating to that Government is sent to Lord Bellomont, it be also sent at the same time to this Board by the Lieut.-Governor, that being a quicker way for the Board to come to the knowledge of things, than by the Earl of Bellomont's writing of it, when he is at New York.
Nov. 8.Postscript to Lord Bellomont's letter, ordered yesterday, was agreed upon and added accordingly.
Acts of Barbados further considered. [Board of Trade. Journal, 13. pp. 233–243; and 97. Nos. 197–199.]
Nov. 7.
General Post
Office.
917. Postmasters General to Mr. Popple. Our officer to whose charge the letters for the Commissioners for Trade and Plantations are committed complains that there is above 100l. owing to him for the postage. The man is not in a condition to disburse such a sum himself and 'tis by no means for His Majesty's service to suffer those under-officers to run in debt. We desire you to represent to the Commissioners that they would take some care the money already due may be paid, and for the future put it into such a method as there may be no occasion for such long accompts. Signed, R. Cotton, Tho. Frankland. Endorsed, Recd. Nov. 8, Read Nov. 13, 1700. [Board of Trade. Miscellanies, 1. No. 42; and 11. p. 85.]
Nov. 7.
Whitehall.
918. Council of Trade and Plantations to the Earl of Rumney, Master General of the Ordnance. Having several matters under our consideration relating to forts and fortifications in H.M. Plantations, upon which we are forthwith to report to His Majesty, and observing that in 1696 or 1697 Mr. Talbot Edwards, an Engineer, was sent to Barbadoes and the Leeward Islands to inspect the state thereof, and report what might be necessary for the better security and defence of the same, we desire you would please to communicate to us a copy of the report that he made to your Board upon his return. Signed, Stamford, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Abr. Hill, Geo. Stepney. [Board of Trade. Leeward Islands, 46. p. 116.]
Nov. 7.919. Memorial of Nicholas Gellibrand to the Council of Trade and Plantations. His seizure of the pirates' sloop was a great piece of service done to the Government. He delivered her with all her cargo to the master of the John Hopewell. They are now in the custody of the Governor of Maryland, by whom he was sent into England, where Mr. Sec. Vernon "orders him to his very great surprize into the custody of a messenger." Offers, if the Council of Trade and Plantations will represent his case to the King, and if the King will give him a light fifth-rate frigate, to clear the coast of Guinea and bring the heads of the chief pirates to their Lordships or to forfeit his own. Signed, Nicholas Gellibrand. Endorsed, Recd. Read Nov. 7, 1700. 1 p. Enclosed,
919. i. Inventory of the goods of the Sea-flower "the pirate ship delivered to Capt. Henry Munday of the John Hopewell, at Angola, Feb. 5, 1699/1700, by N. Gellibrand." 1 p. [Board of Trade. Maryland, 4. Nos. 18, 18.i.]
Nov. 7.
Whitehall.
920. William Popple to Governor the Earl of Bellomont. I am directed by the Lords Commissioners for Trade and Plantations to send you the copies of some papers that have come to their hands, since the finishing of their letter of Oct. 30. Sir Henry Ashurst has now sent me the draught of the Charter of Harvard Colledge and writes that he will in a few days attend their Lordships about it, so that they defer the consideration thereof till he come, and I suppose they will then proceed to consider also the other matters that they mention in their letter. I have likewise received from Mr. Addington, the Acts of the Massachusets Bay, mentioned in their said letter, under seal, and they are sent as usual to Mr. Solicitor General for his opinion upon them in point of law. [Board of Trade. New York, 55. pp. 14, 15.]
Nov. 7.
Whitehall.
921. William Popple to Dr. Henry Newton, desiring his opinion upon the points answered No. 924, q.v. [Board of Trade. Bermuda, 30. pp. 128, 129.]
Nov. 7.
Whitehall.
922. Council of Trade and Plantations to the Earl of Rumney, Master General, and the Principal Officers of H.M. Ordnance. Having several matters under consideration relating to the Forts and Fortifications in H.M. Plantations, upon which we are forthwith to report to His Majesty, and observing that in 1696 or 1697 Mr. Talbot Edwards, an Engineer, was sent to Barbados and the Leeward Islands, to inspect the state thereof and report what might be necessary for the better security of the same, we desire you would communicate to us a copy of the report that he made to your Board. Signed, Stamford, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Abr. Hill, Geo. Stepney. [Board of Trade. Barbados, 45. pp. 129, 130.]
Nov. 7.
College of
William and
Mary.
923. Minutes of Council of Virginia. His Excellency informed the Council that Mr. Auditor Byrd was gone up to the settling of the French Refugees, and his presence being necessary to settle accounts, the Council adjourned to his house, Nov. 14. [Board of Trade. Virginia, 55. p. 38.]
Nov. 8.
Doctors
Commons.
924. Henry Newton, Advocate of the Admiralty, to Mr. Popple. In reply to your letter of the 7th, whereby the Lords Commissioners for Trade and Plantations require my opinion on the following points, I premise that the Governors of H.M. Plantations, who are Vice-Admirals, seem to have a right to the same advantages which the Vice-Admirals in England claim and receive. (1) I am of opinion that no fees are legally due to Governors as Vice-Admirals for vessels which have touched upon rocks or sands coming in or going out of the Plantations. (2) In case of ships that have been assisted or brought off from such rocks or sands, no salvage is due to the Governor, being Vice-Admiral, except he, or his servants, are particularly concerned in the salvage, which is then to be proportioned according to the trouble and hazard undergone, as in cases of the like nature, where others are concerned. (3) As to whether any fees are due to such Governor for wreck-goods recovered by fishermen or others in or out of the jurisdiction of such Plantations upon their being brought into the said Plantations, I find that, where any goods are fished up or recovered out of the sea, being not claimed within a year and a day, and are afterwards condemned to His Majesty in the Court of the Vice-Admiral, in such a case a moiety has been usually allowed to the Vice-Admiral. Signed, Hen. Newton. Endorsed, Recd. Read Nov. 12, 1700. 1¾ pp. [Board of Trade. Bermuda, 4. No. 46; and 30. pp. 129–131.]
Nov. 8.
Whitehall.
925. William Popple to Isaac Addington. I have lately received your letters of Aug. 13 and Sept. 3, and have laid the enclosures before the Lords Commissioners for Trade and Plantations. I fear I have been too defective in omitting to acknowledge by particular letters to yourself the receipt of the several packets I have had from you from time to time. Upon perusal of your two forementioned letters, their Lordships have commanded me to signify to you their desire that whatever advice is sent to the Earle of Bellomont relating to the Government of the Massachusets Bay, whilst he remains at New Yorke, it be also sent at the same time by the Lieutenant Governor of the Massachusets Bay to this Board, that being a quicker way for the Board to come to the knowledge of things, then by the Earle of Bellomont's writing it from New York. [Board of Trade. New England, 38. pp. 302, 303.]