America and West Indies
March 1701, 11-20

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Institute of Historical Research

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Cecil Headlam (editor)

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1910

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120-139

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'America and West Indies: March 1701, 11-20', Calendar of State Papers Colonial, America and West Indies, Volume 19: 1701 (1910), pp. 120-139. URL: http://www.british-history.ac.uk/report.aspx?compid=71538 Date accessed: 20 October 2014.


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Contents

March 1701

March 11.
Whitehall.
232. William Popple to Josia Burchett. The letters you desired having been bound up with many other papers of different sorts, I have cut the binding and send you them enclosed, etc. [C.O. 5, 909. pp. 386, 387.]
March 11.
Whitehall.
233. William Popple to Sir Thomas Trevor, enclosing for his opinion the Act of Barbados, Nov. 5, for payment of 2,000l. to Governor Grey. [C.O. 29, 7. p. 298.]
March 11.234. Copy of the Act for the Service of Almighty God, etc., in Maryland, with alterations proposed to be made therein. Endorsed, Recd. from Mr. Bray, March 11, 1700/1. 59 pp. [C. O. 5, 715. No. 28.]
March 11.235. Council of New York to Mr. Champante. We desire you to have especiall care that if any person be added to the Councill, it may be of those persons recommended by the Earl of Bellomont. But if no names are sent hence by him, and you are anyways advis'd with about it, you may name and indeavour to influence that Capt. William Laurence, Col. Gerardus Beekman, Capt. David Provoost and Mr. Rip van Dam, being honest men and of good estates, may be put in, and that you use your industry to prevent others being put into the Council who are not so well affected to the Government. Signed, A. D. Peyster, S. Staats, R. Walters, T. Weaver. Endorsed, Recd. Read 23 July, 1701. Copy. 1 p. [C. O. 5, 1046. No. 9.]
March 11.236. Mr. Thurston to Mr. Popple. The clothing being now ready for the Company at Newfoundland, I humbly pray a letter to the Admiralty for one of the men-of-war bound for that place to receive it on board, together with the money appointed for them. Signed, John Thurston. Subscribed,
236. i. William Popple to Josiah Burchett, enclosing above and desiring him to move the Admiralty as desired. Signed, W. P. The whole endorsed, March 11, 1700/1. 1 p. C.O. 194, 2. Nos. 29 (1), 29; and 195, 2. p. 415.]
March 11.
Whitehall.
237. Journal of the Council of Trade and Plantations. Letter from Mr. Burchet, March 10, read. Papers desired ordered to be sent. Letter from Mr. Burchet, March 8, read and ordered to be taken into consideration so soon as this Board shall understand what the Treasury have done towards an establishment for the soldiers that are to be sent to Newfoundland.
Mr. Hodges desiring their Lordships to make some additional report upon his last Memorial, because of some new Articles in that which were not in his former papers, was told that the same had already been considered, and notice accordingly taken thereof in the draught of a letter to Col. Grey prepared for His Majesty's Royal Signature.
The Agents for Barbadoes desired their Lordships would report upon the Barbadoes Acts that lie before them, and more especially upon those which relate to the presents made him [? the Governor] by the General Assembly. Ordered that the Act passed there, Nov. 5 last, be sent to Mr. Attorney General for his opinion thereupon in point of law; and upon the whole, their Lordships acquainted these gentlemen that the many complaints that have been laid before His Majesty and some of them referred hither, relating to the administration of Justice in Barbadoes, do make it difficult for this Board to report that Mr. Grey should have leave to receive those presents until he have answered to the said complaints, or that they shal in his behalf offer some proper reasons whereby His Majesty may be moved to do it. Whereupon they said they would consider thereof. Representation wherewith to lay before His Majesty the draught of a letter for his Royal signature to Mr. Grey, relating to some of the forementioned complaints, was signed.
A copy of the Act, for the Service of Almighty God etc. in Maryland, being received this morning from Doctor Bray, with alterations proposed to be made therein, in order to the transmitting of such a Bill to Maryland as may be fit to receive His Majesty's Royal approbation, was laid before the Board, and ordered to be taken into consideration on the first opportunity.
Letter from Mr. Thurston read. Letter to Mr. Burchet thereupon ordered.
March 12.Lord Bellomont's letter, Nov. 28, further considered.
Order of Council, March 6, read.
March 13.Intimation being given that there will be no Council held this night, a letter was writ to Mr. Secretary Vernon inclosing to him the Representation with letter for His Majesty's signature relating to the Administration of Justice in Barbadoes, and sent to him.
Memorial from Mr. Thurston read. Ordered to be sent to Mr. Lowndes to be laid before the Lords Commissioners of the Treasury.
Order of the House of Commons, March 12, read. Directions given for preparing the account required.
Order of Council, March 6, read.
Letter from Mr. Burchet, March 12, read. Directions given for sending him a copy of the same enquiries for Newfoundland as were sent the last year, with a desire—(because of the negligent answer return'd the last year), that the Commodore this year may be directed to answer more carefully.
Remaining papers referred to in Lord Bellomont's letter, Nov. 28, read. [Board of Trade. Journal, 13. pp. 395–403; and 98. Nos. 46–48.]
March 11.238. Minutes of Council in Assembly of the Massachusetts Bay. Payments made to the following inhabitants of the County of Yorke, in full of their accompts of disbursements for His Majesty's service:—Joseph Storer, Jane Littlefield, Jonathan Littlefield, John Cloyes, Nathaniel Cloyes, Thomas Cole, Jonathan Hammond, Mehetable Littlefield, Joshua Downing, John Shapleigh, Jasper Poleman, James Plaisted, and Jeremiah Molton.
The following resolve was past by the Board and sent down for concurrence. For the security of this Province, that it's necessary there be forthwith procured 1,000 good fuzils and a like number of bayonets, with a proportionable quantity of flints, ball and lead, with moulds, 100 barrels of good gunpowder and a quantity of match, and that effectual provision be made by this Court for the purchasing of said stores of war.
Bill, for regulating abuses in boards, timber and staves exposed to sale, was committed.
March 12.Above Bill, amended, was read, passed and sent down.
Bills for the convenient and speedy assignment of dower; providing that in suits where goods or estate is attached, the Defendant be summoned; for rendring an accompt of fines; directing the admission of Town inhabitants; for the better making and measuring of malt; enabling John Burnaby; and Thomas Coram to prosecute appeals; were passed and received H.E. consent.
March 13.An order about the Government of the College was sent down to the Representatives for their concurrence.
Petition of James Russell, late Treasurer, referred, as suggested by the Representatives, to the Committee for granting Debentures to claimers of debts contracted by the publick in the time of Sir Edmund Andros, to report upon it next Session.
Petition of Benjamin Church of Bristol in behalf of Daniel Wilcox, formerly of Tiverton, now residing at Rhode Island, proposing to satisfy a fine set upon him by order of Court by sale to the Province of land in Tiverton, granted, and a Committee appointed, as proposed by the Representatives, to take care that sufficient deeds of conveyance be executed.
Petition of John Andrews, of Salem, ship-carpenter, to be enabled by a special Act to have a trial of a cause therein mentioned, sent up with the Representatives' consent, was referred to a Committee. [C. O. 5, 788. pp. 241–244.]
March 12.239. Minutes of Council in Assembly of Barbadoes. 500l. presented to H.E. for the replenishing of his cellars. 880l. paid to George Peers, Attorney of Capt. John Tucker, Capt. Thomas Jenour and Capt. Leonard White of St. George's in Bermuda, for the Brigantine Mary Rose, employed against Martinico and runaway with by the Lieut. of H.M.S. Resolution and some of his men. (See Cal. A. and W. I. 1698, No. 678.i.)
Petition of Tobias Frere, Nov. 5, 1700 (q.v.) read. 15l. paid to him. [C. O. 31, 6. p. 401.]
March 12.240. Journal of Assembly of Barbados. Only tenn members appearing, the House adjourned. [C. O. 31, 6. pp. 433, 434.]
March 12.
Admiralty
Office.
241. J. Burchett to Mr. Popple. Ye Lords of the Admiralty have directed Capt. John Graydon, Commander of the Assistance, to receive the money to be sent to Newfoundland, and to cause the clothing to be putt on board the Feversham, commanded by Capt. Cavendish. Both ships are now in the Downes, and not knowing to whom the said money and cloathes are to be consigned, Capt. Graydon (who will command in chief) is ordered to dispose both of one and 'tother as shall bee desired by Mr. Thurston. The season now advancing for these shipps to proceed on their voyage, I am to desire you will lett mee know what Heads of Enquirys and other particulars the Lords of the Council for Trade would please to have recommended to the Commodore. Signed, J. Burchett. Endorsed, Recd. Read March 13, 1700/1. Addressed. 1 p. [C.O. 194, 2. No. 30; and 195, 2. p. 416.]
March 13.
Whitehall.
242. William Popple to Mr. Burchett. In reply to preceding. Enclosing copy of same Heads of Enquiry as were sent to Capt. Fairborne, 1700. The Council of Trade and Plantations more particularly desire that the Commodore of the convoy be charged to be very careful in the answers that he returns to these enquiries, because they observe the answers they received the last year from Capt. Fairborne to have been made very negligently, some of them (for instance, those relating to rinding of trees, Art. 2, and to trade with New England ships, Arts. 21, 22) being plainly contradictory to what he writ himself in the letter wherein he transmitted them. [C.O. 195, 2. p. 417.]
March 12.243. Order of the House of Commons that the Council of Trade and Plantations lay before the House an account of their proceedings for improvement of Trade since March 21, 1699. Signed, Paul Jodrell, Cl. Dom. Com. [Board of Trade. Papers, 15. p. 166.]
March 13.244. Memorandum of preceding. ¼ p. [Board of Trade. Plantations General, 5. No. 89.]
March 13.245. John Thurston to the Council of Trade and Plantations. The Convoy is just upon its departure for Newfoundland, but the Lords of the Treasury not having as yet issued any money for the cloathing for the Company there, the tradesmen concerned refuse to deliver out the same. The Agent prays their Lordships to represent the same to the Treasury. Subscribed,
245. i. Mr. Popple to Wm. Lowndes, desiring him to lay the matter before the Lords of the Treasury as above. Signed, Wm. Popple. The whole endorsed, March 13, 1700/1. [C.O. 194, 2. Nos. 31 (1), 31 (2); and 195, 2. pp. 418, 419.]
March 13.
Whitehall.
246. Council of Trade and Plantations to Mr. Secretary Vernon, enclosing the following Representation. Signed, Stamford, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Abr. Hill. Annexed,
246. i. Council of Trade and Plantations to the King. March 11, 1700/1. In obedience to your Majesty's Order in Council of the 13th of the last month, we herewith humbly lay before your Majesty the draught of a letter for your Majesty's Royal Signature to Col. Grey, Governor of Barbados, relating to several petitions and complaints that had been laid before your Majesty of great delays and undue proceedings in the Courts of Justice in that Island. Signed, Stamford, Lexinton, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Abr. Hill, Mat. Prior. Annexed,
246. ii. Draught of letter from H.M. the King to Governor Grey. Enumerates "the delays and undue proceedings" in the Courts of Justice complained of in the petitions of John Loder, Isaac Hawkins and Thomas Hodges, "All which delays and undue proceedings do tend to the very great prejudice of the petitioners and other suitors, and it being highly necessary that all irregularities of this nature, which are so grievous to our subjects, be reformed, and that the grounds of all such complaints being thoroughly enquired into, effectual care be taken that they be for the future entirely removed, we have directed our Commissioners for Trade to transmit you copies of the said petitions, etc. for your answers, not only to the particular cases of the petitioners, but also to the more general complaints. And we do further hereby will and require you to take especial care that no person interested in the suits depending in any of the Courts be appointed or permitted to sit as Judges in the causes wherein they are concerned; that justice be everywhere duly and speedily administered; that the complainants have such redress as is agreeable to Law; and that you do yourself constantly hold Courts of Chancery until all the causes there be determined. We do likewise hereby declare our Royal Will and Pleasure that no Members of our Council in that Island be exempted from any prosecution in Law or Equity for the payment of their just debts, except only during the time that the General Assembly shall be sitting, which you are accordingly to declare unto them. This letter to be entered in the Council Books." Kensington. March 16, 1700/1. Countersigned, James Vernon. [C.O. 29, 7. pp. 299–303.]
March 13.247. Minutes of Council of the Massachusetts Bay. H.E. the Lieut.-Governor nominated Mr. Joseph Belcher, Minister of Dedham, to preach a sermon to the General Assembly at their convening on the last Wednesday in May. [C.O. 5, 788. p. 36.]
March 13.248. Minutes of Council of New York. Resolved that the execution of the late Earl's Commission is at present by the said Commission in H.M. Council exclusive of any single member; and that the eldest Councillor resident in this Province may and ought to act as President in the Council with the powers and preheminences (sic) therein belonging, but that all Acts of Administration be signed, acted and done by the greater part of H.M. Council met in Council, and the Government be administered in the name of H.M. Council.
Col. Smith, eldest Councillor presiding, declared his opinion that he ought to act as President, and as such he onely hath power to call the Council as he thinks fit, and that without him the Council cannot sit and act as a Government, whereby the Administration would be in him solely, contrary to the express words of H.M. Commission, it is therefore unanimously resolved that whenever the greater part of the Council do agree it is for H.M. service that the Council should meet and act, that they will meet to act accordingly, giving notice to Col. Smith to meet with them and to preside in the said Council, which, if he refuses to do, they will proceed without him in the administration of the Government and the preservation of the peace of the Province. Col. Wm. Smith acquainted the rest of the Board that he was confirmed in his opinion that the clause in H.E.'s Letters Patents, whereby, on the death of the Governor and Lieut.-Governor, the administration of the Government does devolve upon H.M. Council, that the first of the Councillors do preside in the said Council with such powers and preheminences as any former President hath used and enjoyed within this Province, etc., do entitle and impower him to act as President of H.M. Council, by the letter of the Council of Trade and Plantations, Oct. 30, 1700. The Council held that H.M. Letters Patents gave no power to the President to act in the administration of Government or to execute any part of the Earl of Bellomont's Commission any more than any other gentleman of H.M. Council, and that thereby he hath onely power to preside during the sitting of the said Council. They were of opinion that according to the King's Commission to the Earl of Bellomont, the administration of this Government is not devolved upon a President and Council, but entirely on the present Council, in which only the eldest Councillor can preside. Col. Smith consented to preside in the said Council accordingly and act as one of them, but with this protestation, that his concession should not prejudice the right given him by H.M. Letters Patents, if any such he have.
Ordered that Col. Romar, together with the three commanding Officers of the garrison, make an inventory of all H.M. stores within this garrison.
Ordered that the Storekeeper do immediately lay before this Board the last inventory taken thereof.
There appearing to be no money in cash for payment of the soldiers' weekly subsistence, the Gentlemen of the Council have been obliged to advance the money for their subsistence upon their own private credit, and to assure them of their being for the future duly supplyed, that they may not be discouraged so as to desert the service, the Council ordered £300 sterl. to be immediately procured on the private credit of the Gentlemen of the Council, it being refused to be advanced upon the public, and that Bills be drawn for the same by the Gentlemen of the Council on the Agent for the forces, and that letters be wrote to H.M. Principal Secretary of State and the Council of Trade praying them to order the Agent to take care the said Bills be duly accepted and payd.
March 14.Ordered that the clause of the letter from the Council of Trade and Plantations, Oct. 30, 1700, be entered verbatim in the Council Book.
The Merchants complaining that the Naval Officer obliges them to enter into bond to return certificates for small quantities of the enumerated commodities exported from this City to other parts of this Government and the Sound, to their great charge and vexation, Ordered that the Collector of the Customs do give Bills of Store to all persons who shall desire the same for any quantity of sugars to be by the said persons carried to any part of this Province, to the Sound, or elsewhere within H.M. Dominion, not exceeding the wait of 1,000 lbs. gross.
Payments ordered to Anne Bowen and Mary Thomas, out of the 30 per cent., for nursing sick soldiers.
Petition of Peter Berrian, late High Sherriff of Queen's County, praying a letter from the Board to the Governor of East New Jersey to desire his friendly aid in the recapture of John de Wilde, who had escaped out of prison and fled thither, granted.
March 15.Resolved, by a majority of votes, Col. Smith dissenting, that it is absolutely necessary for H.M. service and the publick peace that a Proclamation immediately issue, requiring the Assembly to meet on the first Wednesday in April, as prorogued by Lord Bellomont. This Proclamation Col. Smith thought he ought not to sign, unless the Council so ordered. The Council were unanimously of opinion that he was obliged to join and sign with them whatever the majority approved, whilst he thinks fitt to continue to sitt as President.
Whereas the Chief Judge is not yet arrived from England, ordered that the Supreme Court sit on April 1st, and do then proceed only in criminal matters and adjourn to the first Tuesday in October.
Petition of Edward Folwell read. Ordered that Matthew Howell be Judge of the Court of Common Pleas for the County of Suffolk, and Col. Henry Pierson his Assistant during the trial of Folwell v. Giles Sylvester, Col. Arnold, the present Judge, being, as is alleged, a party in the cause.
Receiver General ordered to pay for the candles used in the Fort.
Petition of Susanah Lawrence read. Ordered that William Lawrence be served with a copy and that he give in his reasons, if any he have, within 24 hours, why the letters of guardianship granted to him should not be revoaked.
Account of the Clerk of the Council for pens, ink, paper, wax, etc. paid.
Mr. Smith, Eldest Councillor and President, acquaints the Council that his sudden leaving his Family, on the express of the Council giving him an account of the Earl of Bellomont's death, hath putt the affairs of his family into such disorder as necessarily requires his immediate going into the country, but that he will return with all the dispatch possible. With which the Council are satisfied. [C.O. 5, 1184. pp. 452–464.]
March 14.249. Order of the House of Commons that the Journals of the Council for New England and New York, which have been transmitted to the Commissioners of Trade and Plantations since the Government of the Earl of Bellomont there, be layd before this House. Signed, Paul Jodrell, Cl. Dom. Com. Endorsed, Recd. Read March 17, 1700/1. ¾ p. [C.O. 5, 1046. No. 10; and 5, 1118. p. 247.]
March 14.250. Memorandum of preceding. ¼ p. [C.O. 5, 862. No. 42.]
March 14.
Jamaica.
251. Governor Sir William Beeston to the Council of Trade and Plantations. I have received your letters of Oct. 14. In reply, our sugar hogsheads generally waigh 1,100 lb. or more, and is sold for 30l. per cent.; pieces of eight at 5s. here, wch with 10s. for the hhd., makes 17l. (i.e., reckoning a piece of eight at 5s. and allowing 10s. for the hhd. the sugar sells for 17l. per 100 lb.?), but they generallity doe waigh more, and therefore must surmount the estimate I sent, and moreover in all likelihood there will bee above 1,000 hhds. made more this year then there was the last, the country being in perfect health, and all people very sedulous in improving their estates. The Indicoe is likewise taken from a calculation of what is made in the Islands, and the prices it is sold at, wch is very considerable, for I remember before I left England, on a scrutiny from the Commissioners of Customs, it was found that 7/10 ths of all the indico which came to England came from this island. As for the money, I am well assured from the merchants that 150,000l. is the least quantity that is yearly sent hence, most whereof arises from the sale of negroes, flower and other provisions, but not much now from any drapery or dry goods, that trade being lost to us by the great quantitys supplyed by the Dutch and French, who can undersell us 40 per cent., and therefore have caused that trade to cease, and in all appearance the flower trade and provisions will fayle us too, if some way bee not found to hinder it, for now very much of it is carryed to Carrisoe and sold there, from whence the Spaniards are supplyed with it, and the proffit to the merchants and imployment of our sloops and vessells lost to this island, and by consequence much mony allso, which I humbly lay before your Lordshipps, if it bee possible to remedy, for if it had not beene for that way by wch the Spaniards would have been supplyed and the trade transplanted from this island to that and the Dutch, I would before now have brought the Spaniards to have beene more civill and better-humoured to us, or have starved them by stopping all provisions to have been carryed to them.
For the dry goods imported into this island, it is impossible to make a calculation here, but may be done from the Custom House books in London and Bristoll, for they pay no duty here and therefore are not entred in any office, soe that nobody knows what the severall merchants import, but the expence of the island is very great, as may in some measure be guest in the yearly expence of 200,000 yards of ozenbriggs or canvas for clothing of the negroes, besides what is expended by the white people of all sorts for use and ornament, and of which the people are not very sparing, neither in their clothing, dyet or way of living. I humbly thinke, according to your Lordspps.' opinion, that the naturalisation here cannot extend to England, but if it will not reach the Plantations and Colonies, then every vessel and goods that goes hence to any of them, or comes from them to us is seizable and forfeited unless the Master be naturalised in every Government, which would be a hard case and very destructive to Trade and the support that one Colony gives another, and whilst these things remain under such doubts and disputes it is very uneasie, since nobody knows whither they goe right or wrong, and therefore it's greate pitty things are not more plainly understood. Since the late Act made in England, here are severall in prison, yt are accessories only, who cannot bee tryed by the Statute of Hen VIII, nor by the Common Law, but lye in prison upon a greate charge to the Countrye and a great hardship to them yt will be cleared, and this for want of such Commission as that Act appoints, wch. wee therefore much want. There has been lately a most invidious report raised of this Island in some of the Windward Islands that it was all sunk under water and destroyed by an earthquake. I cannot be certain where it began, but am told it was at Nevis, on a vessel's arrival with the beef from Ireland, the Master whereof told them if they would not give him such a price he would goe with it to Jamaica, and on that they raised this story. It's gone to all the Islands, Curasao and down along the Spanish Coast, and I doubt not but has and will hinder severall vessels designed hither with provisions and necessarys, and cause them to stop in the Caribee Islands, to our greate prejudice, and how farre it may affect us in England, before it bee contradicted, I cannot foresee. But blessed bee God, we have not been affected with any considerable shakes of a long time, but only one in two or three months, a small no trepidation wch. does no prejudice.
By the late news we have of the King of Spain's death, it seemes as if we were like to be again engaged in a war, therefore, that we may not be surprised by our neighbours the French, who lye too advantagiously against us, I have ordered all the Colls. in the Island to give strict orders to all their officers to see that their men have their arms fixt and powder and ball ready upon any occasion, and to cause them to bee the better provided, I intend in a few days, by advice of a Council of Warre, according to our Act, to put the Law Martiall a foot for some small time, wch. will effectually set them to provide themselves the best they can. And to enable us the better for our defence, I send you an acct. of what we much want for the defence of Port Royal, and to annoy the enemy if they attempt theirs, wch. I humbly pray you to represent to H.M., that soe an Order may passe to the Tower, and then Mr. Heathcote will take care to shipp them.
The Act for the additional duty on wines imported and negroes exported, expires July 17, without wch. it's apparent the necessary and contingent charges of the Island cannot be supported, therefore in hopes to raise it again, I have, by the advice of the Council concluded to issue out writs for the Assembly to meete, June 24 next, when I hope to find them in such a temper that they will continue this duty, and doe anything else may be for the service of H.M. and the good of his Island. At most I expect they will give it but for two yeares, because thereby they keep the country under a necessity of calling an Assembly soe often, tho' why they desire to give themselves such trouble and charge is unaccountable. I have discoursed severall of the Gentlemen of the Council about what your Lordspps. are pleased to mention relating to Mr. Brodrick's being Attorney General, to wch. they answer that for what was said that he was to pay 100l. per annum during his holding that office, they cannot afirm, being only what was written from England, but for his interest in the place, and abillitys or knowledge in the Laws to performe that office and what else was mentioned in the reasons, they are well satisfied of the truth thereof, and seem concerned [convinced, Entry Book] that since they are trusted with the honour of being Councillors, that they may not obtaine credit in giving their opinions in what may relate to the service of H.M. and the welfare of the country, espetially when officers are proposed that understand not what they are desirous to undertake, wch. must needs be very uneasie and prejudicial to the country. Signed, Wm. Beeston. Endorsed, Recd. 19, Read 20 May, 1701. Holograph. 3 pp. Enclosed,
251. i. Abstract of preceding. 1 p.
251. ii. List of Stores of War wanting for Port Royal. Signed, Charles Knight. 1 p. Same endorsement. [C.O. 137, 5. Nos. 34, 34 i., 35; and 57. pp. 150–158.]
March 14.252. Journal of Council of Trade and Plantations. Several letters and papers received lately from Lord Bellomont were laid before the Board, and some entrance made into the consideration thereof.
Letter to Mr. Secretary Vernon with the draught of a Commission for Capt. Graydon, Commodore of the Convoy bound this year to Newfoundland, was signed and sent.
Directions were given for preparing a letter to Mr. Secretary Vernon relating to the Instructions to be given the Capt. and the two Lieutenants now intended to be sent thither. [Board of Trade. Journal, 13. pp. 403–409; and 98. No. 49.]
March 14.
At Mr.
Secretary
Wormley's.
253. Minutes of Council of Virginia. Upon the death of ye Hon. Ralph Wormley, late Secretary, Proclamation ordered and signed for continuing all such officers as held any office by Commission or Appointment under him as Secretary, until H.M. Royal will and pleasure be known. [C.O. 5, 1409. pp. 75, 76.]
March 14.254. Minutes of Council in Assembly of the Massachusetts Bay. The Order referring to the care and government of the College was returned by the Representatives with their concurrence:—Refers to Order of May 29, 1700. Forasmuch as the Constitution requires the President to reside at Cambridge, which is now altered by his removal from thence, ordered that Mr. Increase Mather, Mr. Samuel Willard and the other gentlemen mentioned in the former Order, are anew appointed and impowered to continue their oversight, care and government of the College and Students, during such time as is thereby limited, and in case of Mr. Mather's refusal, absence, sickness or death, that Mr. Samuel Willard nominated to be Vice-President, with ye other gentlemen before-named, be and hereby are invested with the like powers and authority aforesaid in all respects.
An Order appointing a Committee to take care about ye repairs of the President's House in Cambridge was passed by the Board and sent down;
Petition of John Andrews referred to the next General Assembly.
Bill against counterfeit coin, sent up, was passed and received H.E.'s consent.
Orders for the provision of stores of war, and of a Commissioner to superintend them, agreed upon.
Order for providing places to store powder agreed upon.
A Committee for superintending the fortification of Castle Island appointed.
125l. allowed to Thomas Hinckley, late Governor of the late Colony of New Plymouth, in full satisfaction of service done by him for the Publick, he relinquishing to the Province his claim to land, formerly Tatamunnah's Land.
Committee of debts contracted in Sir E. Andros' Government instructed to pay Mr. John Riggs, ensign, Major Daniel Davison, Capt. John Wing, Capt. John Floyd, and Martha Padishall various sums in satisfaction of their claims for public service rendered. The Committee was instructed to grant debentures to all such as to their satisfaction shew forth their claims to be just and due, notwithstanding such claims were not received when the Committee made their report of claims.
March 15.Bill to encourage the sowing and well manufacturing of hemp, sent up, was read twice, and left to a further debate.
Order for repairing the President's House in Cambridge agreed to.
Resolve of the Representatives, giving directions to the Commissioners of Excise as to the collection of the duties, agreed to.
And see No. 256.
Resolve of the Representatives agreed to, that H.E. issue out his proclamation requiring the several military officers to see that there be a strict execution of the military laws, especially that requiring that all the Militia be duly provided with good and sufficient arms and ammunition, and that the Selectmen take care that the several towns be provided with stores of war as by law required.
Col. Elisha Hutchinson was appointed Commissioner for the Stores of War.
H.E. summoned the Representatives and prorogued the Court till April 16. [C.O. 5, 788. pp. 244–250.]
March 14.
Whitehall.
255. Council of Trade and Plantations to Mr. Secretary Vernon. Capt. John Graydon, H.M.S. Assistance, who is appointed by the Lords of the Admiralty to be Commodore this year at Newfoundland, being now ready to sail, we desire you to procure H.M. Royal Signature to the enclosed draught of a Commission for him to Command in Chief the Soldiers in pay as has been done the former years. Signed, Lexington, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Abr. Hill, Math. Prior. Annexed,
255. i. Draught of Commission referred to above. [C.O. 195, 2. pp. 419–421.]
March 15.256. Minutes of Council of the Massachusetts Bay. Salaries paid to various officers of the Government.
Payments ordered to John Ellenwood, a wounded soldier, to Thomas Jackson of Piscataqua, for the wages of his son Thomas, decd. on the expedition against Canada, 1690, and to Lt. John Wilson for his extraordinary expenses in H.M. service, 1692. [C.O. 5, 788. pp. 36, 37.]
March 17.257. Memorial of John Champante to the Council of Trade and Plantations. Finding by the printed votes of the House of Commons that they intend to take into their consideration the several proceedings relating to ye Commission, late voyage and seizure of Capt. Kidd, and the Earl of Bellomont having been named, the Agent of New York thinks it his duty to appear in ye behalf of ye sd. Earl, in justification, if occasion should be, of his honr. and integrity. But having no duplicates of any papers concerning those affairs, he humbly desires liberty to have the perusal of papers relating to them in the Secretary's custody and to have such abstracts of them as may capacitate him to serve the Earl. Signed, J. Champante. Endorsed, March 17, 1700/1. 1 p. [C.O. 5, 862. No. 43.]
March 17.
Crotched
Fryers.
258. Mr. Merrett to Mr. Popple. Recommending a Mr. Thomas Drewett "who hath a ship of about 140 tun and is inclinable to serve in this affair" (of carrying stores from Portland to Newfoundland for the fortifications) "on anything of encouragement." Signed, Solomon Merrett. Endorsed, Recd. Read March 17, 1700/1. Addressed. ¾ p. [C.O. 194, 2. No. 32; and 195, 2. p. 422.]
March 17.259. Ed. Randolph to the Council of Trade and Plantations. A Paper shewing the great loss H.M. Revenue sustains upon sugars, cotton-wool, indico, etc., which are carried from Barbados, Jamaica and other Carriby Islands to small Plantations near them, belonging to the Dutch. Instances given of the trade of Nevis, Antego, Providence (Bahamas), with Statia, Swabia, Curaçao, St. Thomas.
There was about a twelvemonth ago a ship from Scotland which brought to Statia a cargo of the manifactures of that Kingdome, a good part whereof was bought by Daniel Johnson, master of a vessel belonging to Bermuda, the Scotch master making his returns home in sugar, cotton, wool and other Plantation commodities...All which is occasioned either by the connivance or neglect of the Governors in their not taking bonds with sufficient security to carry the same to England, Wales etc., or their not prosecuting them when forfeited. For prevention, it is proposed that all Governors give bond to H.M. with two sufficient securities in England, as the Commissioners of Customs shall approve, not less than 2,000l. sterl., strictly to put the Acts of Trade etc. in execution. (2) That the Governors or Naval Officers admit of none to be sureties for any master of a vessel belonging to the Plantation where he loads, or to any of H.M. Plantations but such as are inhabitants and men of good estates. (3) In regard masters of vessels belonging to England first go to Scotland or Ireland for servants, horses or provisions, or go in their ballast to Newfoundland to carry fish for Bilboa, etc., and being disappointed of their loading go to the Plantations to load tobacco, etc., that no Governor or Naval Officer shall upon any pretence permit such master to load any of the enumerated Plantation commodities, until he produce a Certificate from the Chief Officers of the Port in England whence she sailed, that bond was there given according to law. (4) That the Governor or Naval Officer transmit twice a year to the Commissioners of Customs in London a list of vessels lading enumerated commodities in their Governments. (5) I saw at New York a Bill of Stores for 10,000 weight of sugar granted by the Collector of Antegoa to Caleb Beck, master of a vessel belonging to New England. That no Collector grant a Bill of Stores for any of the said commodities under penalty of paying treble the value thereof. Signed, Ed. Randolph. Endorsed, Recd. Read March, 17, 1700/1. 2¾ pp. [Board of Trade. Plantations General, 5. No. 90; and 35. pp. 400–404.]
March 17.260. Mr. Randolph's General Proposals for regulating Trade in the Plantations. (1) That no Governor or Lieut. Governor shall be an owner, or part owner, of any vessel, nor shall trade or barter by himself or by any person concerned directly or indirectly for him, under loss of his Government. (2) The Governor shall not imprison or suspend any of the officers of H.M. Customs, (except in case of felony, murther or treason proved), but shall by the first opportunity represent the case to the Commissioners of Customs, giving the officer a copy of his charge that he may have time to prepare and send his answer to the Custom House. (3) That, for the more equal distribution of justice, the Chief Justice in the respective Plantations be appointed by Commission from his Majesty. (4) That depositions taken before the Governor and certified by him shall be of equal force at the Council Board, or in any of the Courts of Westminster Hall, as if the same had been taken before a Master in Chancery in England. But where the matter in difference relates to the Governor or Lieut. Gov., the party aggrieved may apply himself to the Chief Judge, or any two of the Justices of the Peace in the said Plantations, (whereof the one to be of the Quorum) who are to be required under a penalty to take and certify the same. (5) That the fees in the Courts of Admiralty etc. be regulated, being at present so extravagantly high, that, in case judgment be entered up for his Majesty, a great part of H.M.'s and the Collector's third part of the forfeitures be not swallowed up in fees, as lately at Carolina, Bermuda and Providence. (6) That all Judges, refusing to admit the plea of the General Issue by Officers of the Customs, be grievously fined, and that no person shall be Judge in the same case in two several Courts. (7) Whereas it is the common practice of Governors to imprison H.M. subjects at their pleasure, by their own warrants, not admitting them to bail, tho' very sufficient security be tendered, but keep them in close custody till the next quarterly Court, where nothing appearing against them they are discharged of course, but are not at liberty until they have paid the extravagant fees to the Chief Justice, to the Court and to the gaoler, to the ruin of several of H.M. subjects as in Bermuda, Carolina. and lately in Providence;—That the Habeas Corpus Act be in as full force to all intents and purposes in all H.M. Islands, Colonies and Plantations, as is now in England, and that the Act to punish Governors in this Kingdom etc. be revised. (8) That all Governors etc. do before their entrance upon their Governments give bond in England to H.M. not exceeding 5,000l. to give full satisfaction for all damages, which shall appear to be done by them, or order, to any of H.M. subjects inhabiting in their Government. Signed, Ed. Randolph. Endorsed, Recd. Read March 17, 1700/1. 2¼ pp. [Board of Trade. Plantations General, 5. No. 91; and 35. pp. 404–408.]
March 17.
Whitehall.
261. Journal of Council of Trade and Plantations. Ordered that the Secretary give notice to Mr. Burchet concerning Capt. Graydon's Commission.
Order of the House of Commons, March 14, read. Journals referred to ordered to be got ready.
Memorial from Mr. Champante, desiring that he may have to peruse the letters and papers that have been transmitted to this Office by the Earl of Bellomont etc., read, and leave given accordingly.
Letter from Mr. Merret to the Secretary read. Directions thereupon given for preparing an answer to the Letter of the Board of Ordnance, Feb. 8.
Mr. Randolph presented to the Board two papers upon the illegal trade and the regulation of trade.
March 18.Letter to the Board of Ordnance signed and sent.
Order of the House of Commons, March 12, considered, and some progress made towards preparing an answer.
March 19.Letter to Mr. Secretary Vernon signed and sent.
Letter to Mr. Lowndes sent.
A messenger from Sir Robt. Cotton desiring to know what has been lately done by this Board relating to Patentees in the Island of Jamaica, ordered that an extract be given him of that part of their Lordships letter to Sir Wm Beeston, Feb. 17, which relates to that subject.
Their Lordships made a further progress in preparing an answer to the order of the House of Commons, March 12. [Board of Trade. Journal, 13. pp. 409–414; and 98. Nos. 50–52.]
March 17.262. Minutes of Council of New York. Orders given for the attendance of troops at Lord Bellomont's funeral. Notice of the interment, on the 27th, to be given to the High Sherriffs.
Ordered that Dr. Anthony Rogers acquaint Saml. Staats with what medicines are now wanting for ye use of the souldiers in H.M. pay.
Memorial of Thomas Weaver read. Ordered that Paroculus Parmyter appear and give in his answer in writing on Thursday.
Ordered that the public papers in the hands of Col. Smith be inventoried and delivered to Col. Depeyster.
Memorial of Thomas Weaver read. Ordered that the Executrix and heir of Col. Stephen van Cortlandt be summoned to appear on Thursday.
Petition of Dyrk Jansen Hooglandt read, and referred to John Coe and Content Titus for their report thereupon.
March 18.Petition of William Creed and Frederick Hendrick read, and referred to John Coe, Content Titus and Samuel Edsall, J.P.s for Queen's County, for their report. [C.O. 5, 1184. pp. 464–466.]
March 18.
Whitehall.
263. Council of Trade and Plantations to the Board of Ordnance. Mr. Thomas Drewett is recommended to us as one yt will undertake the business (of carrying stone to Newfoundland) as cheap as any other. Signed, Stamford, Lexington, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Abr. Hill, Math. Prior. [C.O. 195, 2. p. 423.]
March 18.
Bermuda.
264. Lieut. Governor Day to the Council of Trade and Plantations. On Oct. 22, the Assembly convened together before me and the Council and I proposed to them several matters absolutely necessary for the support and welfare of these Islands by raising moneys and to consider of severall temporary Acts which were near expireing, especially that for raising money by a liquor tax. To which they returned that as to cash in the hands of Capt. John Tucker, Treasurer, received by virtue of the Liquor Tax, they found to bee 160l. or upwards, for which reason they conceived no occasion of the continuance of the Liquor Tax, it being not expired until Nov. 11. Whereupon I ordered the Act to be read and it appeared that there was no time therein limitted for the continuance thereof, so that myself and Council are of opinion that the Act is perpetuall. Since which severall vessels have imported liquors into these Islands, but refuse to pay the duties by the said Act appointed, alledging it is expired, and particularly Thomas Gilbert and James Browne of these Islands, who not only have refused to pay their duties, but in great contempt and opposition have assaulted, abused and wounded the Cheife Searcher here in the execution of his office, and are since in a clandestine manner run away with their vessel without any clearings. I await your directions, and meantime shall take all care to receive the tax according to the tenors of the Act and to apply the same to the use thereby directed. Signed, Sam. Day. Endorsed, Recd. 3, Read 15 May, 1701. 1 p. Enclosed,
264. i. Copy of the Act for raising a public Revenue for the support of the Government of Bermuda, Nov. 11, 1698. 4 pp.
264. ii. Minute of Council in Assembly of Bermuda, Oct. 22, 1700, and Minute of Council, Dec. 30, 1700. 1 p. Endorsed as letter.
264. iii. Deposition ("the Addistation") of John Rawlins as to the assault mentioned in the preceding letter. Bermuda, Jan. 15, 1700 (1701.) Copy. 1¼ pp. Endorsed as preceding. [C.O. 37, 3. Nos. 53, 53 i.–iii.; and (without enclosures) 38, 5. pp. 154–156.]
March 18.265. Minutes of Council in Assembly of Barbados. Error of Bayly v. Bayly heard, and after a long and tedious hearing, judgment reversed.
Petition of Isaac Dias, David Namias and Jacob Nimes, Wardens of the Hebrew Nation, on behalf of that Nation, complaining that they are overtaxed for Church and Parish dues, heard, and argued by Council. Ordered that the Jews pay for 1700 in proportion to the parish dues as they do to the publick tax, which amounts for houses, trade etc. to 165l.
Petition of Alexander Skene, about retailers of liquors taking out licences, read and recommended to the Assembly. [C.O. 31, 6. p. 402.]
March 19.266. Journal of Assembly of Barbados. Only 13 members appearing, the House adjourned. [C.O. 31, 6. p. 434.]
March 19.267. The Attorney General to the Council of Trade and Plantations. I find nothing in the Acts of Barbados, Sept. and Nov. last, (1) for the Remission of Fines of the late Grand Sessions and (2) for the payment of 2,000l. sterling to H.E. the Hon. Ralph Grey, contrary to Law or prejudicial to H.M. Royal Prerogative. Signed, Tho. Trevor. Endorsed, Recd. 24 March. Read 30 May, 1701. ¾ p. [C.O. 28, 4. No. 89; and 29, 7. p. 312.]
March 19.
Whitehall.
268. Council of Trade and Plantations to Mr. Secretary Vernon. Understanding that H.M. has appointed a Captain of the Company at Newfoundland, we find ourselves obliged to take notice to you that it is necessary that he or some other person at Newfoundland have the superior command of the soldiers and H.M. Forts there, in the absence of the Commander of the Convoy, as you will see by the inclosed copy of a Commission to the Lieutenant that is now returning. Signed, Lexington, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Abr. Hill. Annexed,
268. i. Copy of Commission referred to above. [C.O., 195, 2. pp. 424–426.]
March 19.
Whitehall.
269. William Popple to Mr. Burchett, desiring him to acquaint the Lords of the Admiralty with the purport of the letter March 14.—No. 255. [C.O. 195, 2. p. 426.]
March 19.
Whitehall.
270. William Popple to Mr. Lowndes. The Council of Trade and Plantations having received a letter from the Lords of the Admiralty acquainting them that their Lordships had upon a former letter from this Board given orders to the Victuallers of the Navy to provide and send to Newfoundland 12 months' provisions for a Captain and 40 additional men that are to be sent thither, the provisions for the Company now at Newfoundland being some time past put on board, and that their Lordships intended the said officers and soldiers should be carried in the Assistance frigate, which is now in the Downes, and that they had ordered provisions on board her for their passage, and the Agent of the said Company informing this Board that no money is yet ordered for the said additional men or for the provisions for them, I am commanded to desire you to lay the same before the Lords of the Treasury, that this Board may be inabled to return an answer to the Lords of the Admiralty therein. [C.O. 195, 2. p. 427.]
March 20.
Kensington.
271. Order of King in Council referring enclosed petition to the Council of Trade and Plantations. Signed, John Povey. Endorsed, Recd. 9. Read 15 April, 1701. ¾ p. Enclosed,
271. i. Petition of Samuel Allen, Proprietor of New Hampshire, to the King. The Council of New England, by virtue of their Commission from King James, 1620, granted to John Mason the tracts of land named New Hampshire, which have since been conveyed to petitioner, who is now the lawful Proprietor. Refers to the Commission of Governor Cranfield (see Cal. A. & W. I., 1682, No. 453) and the case of Mason and William Vaughan (Cal. 1686, Nos. 974, ff.). Notwithstanding the difference [about payment of quit rents] was then so fully settled, yet since petitioner hath been Proprietor, some inhabitants have refused to pay their quit-rents, whereupon petitioner did lately bring his action in ejectment in the superior Court of Judicature of New Hampshire against Richard Waldron for trying his right Aug. 13 last. All the Judges and Jury were tenants and consequently partys. Petitioner entered his appeal to this Board from the verdict then passed against him, but was denied it, under pretence that the matter in action was under the value of 300l. Altho' the damages might be under that value in this action, yet in regard this trial is for determining the Proprietor's right to the whole Province, and for that all the inhabitants are tenants and parties concerned, and for that William Vaughan, on the other hand, was admitted to an appeal, Petitioner prays that his appeal may be admitted. Copy. 3 pp. [C.O. 5, 862. Nos. 44, 44 i.; and 5, 909. pp. 394–399.]
March 20.
Kensington.
272. Minutes of King in Council. Representation from the Lords Commissioners of Trade and Plantations, March 6, on the petition of the Agents of Barbados, for the applying the 4½ percent. to the Public uses therein mentioned was read, but nothing ordered thereupon. Signed, John Povey. Endorsed, Recd. Read March 27, 1701. ½ p. [C.O. 28, 4. No. 86; and 29, 7. p. 305.]
March 20.273. Minutes of Council of the Massachusetts Bay. Licence granted to Thomas Banister to erect a building of timber and brick at the south end of Boston.
Payment ordered to Benjamin Davis, apothecary, for medicines supplied to Jonathan Prescott, Chirurgion, for the soldiers and workmen employed in building the trading house and fort at Cascobay. [C.O. 5, 788. p. 38.]
March 20.274. Minutes of Council in Assembly of Barbados. Ordered that an Assembly be called to meet on 29th at 7 o'clock in the morning, H.E. having something of great moment to communicate to them. Ordered that a Court of Errors be held on that day.
250l. paid for 6 months' rent for the Governor's House.
Report of the Attorney and Solicitor General relating to pirates (see Jan. 22) read:—Since we understand that a state of the pyrates' condition hath been transmitted to H.M., we are of opinion that no further proceedings can be had till his Royal pleasure is known, but that in the meantime, if any of them intend for England, they may be permitted so to do, and have certificates of surrendering themselves. Signed, E. Chilton, Rich. Turner. [C.O. 31, 6. pp. 402, 403.]
March 20.
Whitehall.
275. Journal of Council of Trade and Plantations. Entrance was made upon the consideration of the Earl of Bellomont's letter, Jan. 2.
A further progress was made in preparing an answer to the Order of the House of Commons, March 12.
Journals, etc. required by the House of Commons, March 14, were delivered to Mr. Blathwayt to be laid before that House.
March 21.Mr. Thurston's Memorial read. Letter to Mr. Burchet read.
Report upon Proprietary and Charter Governments considered.
Further progress made in preparing an answer to the Order of the House of Commons, March 12. [Board of Trade. Journal, 13. pp. 415–420; and 98. Nos. 53, 54.]
March 20.276. Minutes of Council of New York. Mrs. Cortlandt and her son attending, the latter replied to the Memorial of the Collector (Weaver) that he would not produce the list of the Farmers of the Excize unless the books of the King's Revenue were delivered to him, and the widow did affirm that she could produce no other list than what the books shewed. The Council proposed that the books should be produced to them before the Council, and that they should be permitted to take what informations they could to assist them to form a list of the Farmers of Excise, provided they would, upon the delivery of such list, make oath that it was the fullest and perfectest they could make, both of those farmers that had given recognizances and those that had not, and that they had received no sum or summes of money upon the account of the excize of this Province, either by discount or obligation or any other wayes, but what H.M. had creditt given for in the books of the Revenue. They both positively refused.
Mr. Parmyter said it was impossible for him to give in his answer to Mr. Weaver's complaint against him, for want of a paper containing a rough draft of instructions for the Naval Officer's duty, wh. is now amongst Lord Bellomont's papers. He was allowed 10 dayes longer.