America and West Indies: April 1701, 16-19

Calendar of State Papers Colonial, America and West Indies: Volume 19, 1701. Originally published by His Majesty's Stationery Office, London, 1910.

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'America and West Indies: April 1701, 16-19', in Calendar of State Papers Colonial, America and West Indies: Volume 19, 1701, (London, 1910) pp. 163-170. British History Online https://www.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol19/pp163-170 [accessed 20 April 2024]

April 1701

April 16. Letter to Lord Bellomont signed and ordered to be sent by Mr. Attwood.
Further progress made in preparing an answer to the Order of the House of Commons of April 2. [Board of Trade. Journal, 13. pp. 443–445; and 98. Nos. 69, 70.]
April 16.
Whitehall.
345. Council of Trade and Plantations to Governor the Earl of Bellomont. This letter will be delivered to your Lordship by Mr. Atwood, who together with Mr. Broughton come to aquaint us that they are just upon their departure for New York. We have not leizure upon so short warning to enlarge, but are preparing an answer to your letters of Nov. and Jan. last with what speed we can. In the meanwhile, we heartily wish your Lordship all the satisfaction you have promised to yourself in their assistance. Signed, Stamford, Lexington, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Abr. Hill, Mat. Prior. [C.O. 5, 1118. pp. 251, 252; and 5, 1079. No. 68.]
April 16.
Boston.
346. Minutes of Council of the Massachusetts Bay. Licence granted to Henry Gibbs to build a leantoo of timber in addition to a house of his at Red Lion Wharfe, at ye North end of Boston.
Licence granted to Joshua Gee to erect a salt-house of timber at the north end of the town, upon the land of his brother's children, adjoining that of Mrs. Edwards.
Licence granted to William Griggs to erect a kitchen of timber at the back end of his house.
Licence granted to John Clough to erect a barn of timber by his dwelling house at the south end of the town on the right hand of the street leading to Roxbury.
Cornet Peter Ayer and Capt. Samuel Ayer paid for billeting soldiers in 1698. [C.O. 5, 788. pp. 43, 44.]
April 16.
Boston.
347. Minutes of Council in Assembly of the Massachusetts Bay. The Lieut-Governor being informed that the House of Representatives were met, summoned them to attend and addressed them:—The report of Lord Bellomont's death being brought to town just at the time of his last parting with them, and not knowing what might fall out thereupon, he was willing to continue them in being by a Prorogation unto this day, since which time of their recess nothing had occurred for their coming together again so soon, and therefore he had thoughts of issueing forth a Proclamation for their dissolution, but the major part of the Council not advising thereto, he had permitted them now to meet, but had nothing in particular at present to commend to their consideration, other than what he did at their former Session, which was not then finished. But as, upon consultation, the Council or themselves might think of anything necessary to be proposed for the service of the Province, he should be willing to speak further to them withal putting them in mind that the present Session must be but short, for that it was the time within a few days for issueing forth of writts for calling a new Assembly; also observing to them that the Province was never prejudiced by making early provision for supplying of the Treasury.
April 17. A message was sent up from the House of Representatives to acquaint the Lieut.-Governor that they had nothing of business before them, and to pray that, considering the season of the year with reference to ye occasions of the husbandry, they might be dismissed.
Extract of letter, April 11, from the Council for Trade, relating to fortifications, read and sent down to the House of Representatives.
April 18. The Lieut.-Governor acquainted the Board that he had written to the Rt. Hon. James Vernon and to the Council for Trade, giving an accompt of the death of Lord Bellomont. Copies read and communicated to the Representatives, for their consideration whether they should think fit to joyne with the Council in making an Address to H.M., or such applications as might be proper. The letters were returned with the thanks of the Representatives to his Honour. They signified that they had referred the consideration of the matters contained in the letter sent down yesterday to the next Session.
The Representatives sent up a resolve that an Address to H.M. be prepared expressing the sense of H.M. favour in commissionating H.E. the Earl of Bellomont and Lieut.-Governor Stoughton etc., and praying that the latter may be commissionated to be Governor, and desiring the Council to join therein.
Ordered that a letter be written to the Lord President of the Council for Trade, praying his favour in preferring said Address. The Council refused their concurrence, and resolved that a joint Committee of both Houses be appointed to consider of the heads of the Address with reference to the present state of the Province. The Representatives returned this Resolve with a non-con-currance, and insisted upon their former Resolve.
April 19. Three small bills ordered to be paid to the executrix of Obadiah Gill, of Boston.
Bill to impower the Treasurer to issue forth Bills of Credit, past in the House of Representatives and sent up, was read a first and second time, and past. It was passed by the Representatives, read a third time and passed to be enacted.
A Conference about the Address to the King was held.
A message being sent up from the House of Representatives praying that this Court may be dissolved, his Honour summoned the Representatives and dissolved them.
And see preceding abstract. [C.O. 5, 788. pp. 251–255.]
April 17. 348. George Larkin's receipt for Commissions, etc., for trying pirates in the West Indies, Letters to the Governors and copies of the Proclamation for encouraging the apprehension of pirates. Signed, Geo. Larkin. 1 p. Endorsed, April 17, 1701. 1 p. [Board of Trade. Plantations General, 5. No. 94; and 35. pp. 415, 416.]
April 17. 349. Journal of Council of Trade and Plantations. Further progress made with answer to the House of Commons, April 2. Mr. Larkin announcing that he is ready to imbark, his letters and instructions, etc., were ordered to be delivered to him. [Board of Trade. Journal, 14. pp. 1, 2; and 98. No. 71.]
April 17. 350. Minutes of Council of New York. Present as April 1. Ordered that Capt. Caldwall do with the first fair wind and weather cruize with H.M.S. Advice for 21 days between the Capes of Delaware and Martin's Vineyard, and that, in case he meet with the Lieut.-Governor, to consult with him in what will be most proper for H.M. service to imploy said ship, and to receive further orders from him, but if he do not meet with him, he is to make what expedition he can to Boston, where he is to cleane the Advice, and with all dispatch to return to his new station. Ordered that the Clerk prepare such orders with all expedition.
Upon complaint of the Collector to this Board that the Naval Officer refuses to allow him the sight of Registers, certificates and cocquetts filed in his office, ordered that the Naval Officer produce to the Collector or his order the sight of all such registers, certificates and cocquetts filed in his office, together with the liberty of taking an abstract of the same.
Payment of William Davis for sundry disbursements ordered.
April 18. Present as April 1. Payment of Col. Romer ordered for money laid out by him in fitting out several persons sent to the Ottawawas and other remote Nations of Indians by his late Excellency, Lord Bellomont.
Col. Romer's petition to go to Boston to dispatch some affairs that require his presence there, in consideration that the Lieut.-Governor is dayly expected, denied till his arrival.
Salary and account of the Clerk of the Assembly, Gabriel Ludlow, paid.
Gabriell Thompson, Doorkeeper of the Assembly, paid for his salary, house-rent, fire and candle.
Robert Crannell and William Richardson, matrosses of the Fort, paid part of the pay due to them, to be repaid out of the 30 per cent.
Committee appointed to inquire for a fit person to clean the arms in the Fort.
Petition of Richard Ashfield referred until the Lieut.-Governor's arrival.
This Board, having at the request of Governor Penn issued their warrant for the apprehending of several persons, some of which by virtue thereof having been apprehended by the High Sheriff of New York and committed to gaol for crimes said to have been committed by them at Phyladelphia, a warrant was ordered for payment of his expenses, and that the said persons may be no further charge to this Province, the Capt. of H.M.S. Advice is hereby desired to receive the said persons on board until further order, and the High Sherriff is required to deliver them to the order of the said Commander.
April 19. Present:—Abraham Depeyster, presiding, Samuel Staats, R. Livingston, R. Walters, Thomas Weaver. The Assembly sent a message that they designed to adjourn to the first Tuesday in June, and delivered an Address to the Board, who desired them not to adjourn for two or three hours, in which time they should receive a message from the Board.
Ordered that the Custom House Barge be repaired, the sails, oars, etc., be brought into the Custom House, and the Cockswain and crew be ready to receive the Lieut.-Governor on his arrival.
The Address of the Representatives being read, and the Council entring upon the answer to be made, Robert Livingston rose up and said that he would not joyn nor act with the Council in any matter relating to the Assembly until the arrival of Col. Smith, the President, and thereupon left the Council. The Gentlemen of the Council considering that Col. Smith hath this morning left this city, and is gone to his house, 70 miles off, (the General Assembly being sitting) contrary to the repeated advice of H.M. Council, and Col. Smith having made declaration that without him H.M. Council cannot sitt and act as a Government, to prevent any ill consequences that may otherwise attend this Government, the Council do return answer to the Assembly that they will take all necessary care of what is offered by the Assembly in their Address, and are satisfied that they adjourn till the first Tuesday in June, before which time it may be expected that the Lieut.-Governor will be arrived, and that a copy of this Minute be forthwith transmitted to the Assembly by the Clerk of the Council. [C.O. 5, 1184. pp. 506–513.]
April 17. 351. Journal of House of Representatives of New York. Committee appointed (Capt. David Provoost, Capt. De Peyster, the Mayor of New York, Capt. Lewis and Cornelius Sebering) to consider the paper delivered by Five Members yesterday. They reported their opinion that the authors and subscribers thereof are highly disloyal to H.M. and disaffected to his Government; the said paper tends very much to the subversion of H.M. Government invested by H.M. Letters Pattents in the present Council. The subscribers have thereby offered the greatest scandal and reproach to the whole House of Representatives, who have on debate resolved that they are a House legally assembled and have proceeded to act as such, the said five members sitting, voting and acting with them as such, until the same, and even after ye delivering in of ye said paper. The Committee are therefore of opinion that ye subscribers are all of them lyable to ye severest rebukes of this House for their disloyalty and insolence, and that Major Math. Howell, being the writer and deliverer in of the said paper be forthwith expelled this House.
This report was read and approved of. Ordered that Major Howell be expelled accordingly. Ordered that the Speaker issue out his warrant for a new writ for another Member for the County of Suffolk to serve in his place.
The House resolved itself into a Committee of ye whole House to consider the proposals of the Council. The Committee reported that as to the Fort of Onnondaga, they are of opinion that the building be suspended until the arrival of the Lieut.-Governor, who is a martiall man and experienced in warlike affairs and fortifications, but that an Address be presented by the House to the Council to desire them to take effectual care that such part of ye moneys raised by Act of Assembly for the building and now in the hands of ye executrix of Col. Cortlandt, be paid to H.M. Receiver General, and that the Speaker draw up the said Address accordingly. As to ye Article relating to sending persons to the Five Nations, they were of opinion that a nomination of such persons be put off for a month, in ye hope that the Lieut.-Governor will be here in that time. As to the soldiers, it is absolutely necessary that they be constantly subsisted and paid, and whereas the Gentlemen of ye Council have intimated ye difficulty for procuring mony, for that no Bills will be taken from them in their publick capacity as a Government, and not sufficient can be found on their private Bills, for the payment of which their private estates are liable, and that Col. De Peyster and Mr. Weaver had for these three weeks past subsisted them on their owne charge without any Bills, it is the unanimous opinion of this Committee that the thanks of ye House be returned to those Gentlemen of the Council as have taken care for ye subsistence of the forces, and particularly to Col. Depeyster and Mr. Weaver, and that it may be resolved by ye House that for ye future what mony shalbe wanting to subsist ye forces for ye advance of which bills cannot be procured, that an Address be made to ye Council that money be borrowed by ye Major part of ye Council out of H.M. public Revenue, to be repaid when the pay of ye soldiers is remitted from England. This to be continued until the arrival of the Lieut.-Governor and no longer. As to preventing desertion, this House ought to be very tender relating to the Government of ye soldiers, the Lieut.-Governor being shortly expected, but in ye meantime the Council should be desired to take all possible care to prevent it. As to the Forts of Albany and Schenectade, the Committee agree with the Council that their condition is very miserable, and therefore desire the Council do take all possible care for their defence until the arrival of ye Lieut.-Governor, when they think the House will not be farther wanting to consider that matter, which they conceive will then be more proper to remedy the defects.
As to the Masts, they are of opinion that Lord Bellomont made a most advantagious bargain for them for H.M., and do not doubt but that ye House will now and at all times honour the memory of the said noble Earl for ye benefitts they doubt not will ensue to this Province by furnishing H.M. Navy with masts and timber, which the said Earl was the first contriver and proposer of, and they doubt not but that ye Lieut.-Governor at his arrival, with the assistance of ye Council, will take effectual care that ye matter be accommodated as of right and justice it ought to be. The Committee also move ye House that ye thanks of ye House be returned to ye Council for that they have been pleased at this emergency to consult with ye Representatives of ye People met in Assembly about ye great affairs of this Province.
This Report of the Committee was read and approved.
The Speaker signed a warrant for issue of a writ for election of a member for Suffolk County.
April 18. Address ordered yesterday was approved and ordered to be engrossed and delivered to the Council.
The Commissioners of Accounts produced their report. They were a long while kept out of some of the books and accounts and so delayed, as appears by their memorials to his late Excellency and Council, Feb. 15, and March 29. They can have no books in the Government of Col. Dongan nor Sir Edmund Andros, only some particular accounts unpaid. They cannot have the books kept in the time of Capt. Leisler, but particular accounts only. They are informed Mr. Livingston has some. They cannot have any books to give them any particular account of the Excise, Quit-Rents, fines, forfeitures, since Col. Slaughter's time, whereby great frauds may be committed, as they are ready to aver. They cannot have any particular book of the receipt and distribution of ye taxes since Col. Slaughter's time.
Therefore all the books of accounts of this Government since ye time aforesaid have been mixt and confused, to manifest damage of the Province. The Commissioners have gon thro' all the receipts of the Revenue and taxes since Col. Slaughter's time till Oct. 1 last, wherein we (sic) find some mistakes or frauds, upon ye discovery whereof they now are. Col. Peter Schuyler has not, according to their warrant nor his own promisses, given them any account for what he had received, Mr. R. Livingston ye like, who has received the largest sums, and they have occasion to believe that by his accounts the greatest frauds are committed, of which they have some information. They desire to be heard upon those and other matters before a Committee of the whole House. Signed, Leonard Lewis, Abra. Gouverneur, Rip van Dam, Cornelius Sebering, D. Provoost. The House resolved itself into Committee to hear the Commissioners of Accounts, and having heard them and examined several papers. resolved that the Commissioners ought to proceed in their own method according as the Law in that case provided directs. [C.O. 5, 1184. pp. 975–989.]
April 18.
Newport on
Rhode Island.
352. Governor and Company of Rhoad Island and Providence Plantations to the Council of Trade and Plantations. We transmit, in accordance with your letter of August 1, 1700, the most usual and exact methods and proceedings of the Courts, and where anything of weakness doth therein appeare to your Lordships, or that anything material may be added for the more speedy and effectual executing of justice, we most humbly submit ourselves to His Majestie and your Lordships great wisdom. And what irregularities hath been committed by this Government through any person's weakness, or other ways, for the time past, we most humbly implore H.M. most gratious pardon. Report Lord Bellomont's death. We cannot but sympathize with the Provinces under his Government in the loss of so wise and honourable a person, etc. Signed, Saml. Cranston, Govr. Endorsed, Recd. 25, Read July 30, 1701. 1¼ pp. Enclosed,
352.i. Method of proceedings in the Courts of Rhode Island. April 18, 1701. Signed, West. Clarke, Secretary. 5 pp. Seal, "Hope" and Anchor. [C.O. 5, 1261. Nos. 1, 1.i.; and (without enclosure) 5, 1289. pp. 131–135.]
April 18. 353. Minutes of Council of Virginia. William Buckner, Collector of York River District, made oath to his account.
April 19. Several warrants for payments signed.
Payments made to Edw. Jaquelin, to Peregrine Coney for reading prayers, to Dionisius Wright, and to Mrs. Sarah Fowler, executrix of Mr. Barth. Fowler, deceased.
Warrant for 253l. 14s., paid to several persons for charges arising from the prosecution of the pirates.
Proposals of Theodorick Bland, Surveyor of Charles City County, concerning the land on the south side of Blackwater, considered, and referred to Mr. Benjamin Harrison, counsel for the King, for his report.
Order of Council, Dec. 19, 1700, prohibiting all persons from seating upon any lands on ye south side Black Water or in Pomonkey Neck without lawful grant, etc., ordered to be duly made public, and continue in force till the next sessions of Assembly. [C.O. 5, 1409. pp. 77–79.]
April 19.
Whitehall.
354. Council of Trade and Plantations to George Larkin. Enclosing Heads of Enquiries to guide him in making observations in the course of his travels through the Plantations, for the information of the Board. Signed, Lexington, Blathwayt, John Pollexfen, Mat. Prior. Annexed,
354. i. Heads of Enquiries referred to above. They are the same as those given to the Governors, and, yearly, to the C. in C. of H.M. Ships of War at Newfoundland. [C.O. 195, 2. pp. 417–424.]
April 19. 355. Journal of Council of Trade and Plantations. Letter to Mr. Larkin, enclosing copies of heads of enquiries, signed and delivered to himself.
Further progress made in preparing an answer to the House of Commons. [Board of Trade. Journal, 14. pp. 2, 3; and 98. No. 72.]
April 19. 356. Journal of House of Representatives of New York. See abstract of Minutes of Council under date.
Barne Cosens, Clerk of the Council, produced a minute of Council, Nov. 12, 1700, granting him 3l. 17s. 7d., to which the Representatives agreed.
Resolved that no member of this House have any allowance for the adjournment to be made this day, until they meet again, but this minute shall not prejudice any member's salary due before this day. [C.O. 5, 1184. pp. 989–991.]
April 19.
Boston.
357. Minutes of Council of the Massachusetts Bay. Writs issued for the meeting of Assembly on the last Wednesday in May next.
125l. paid 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.
Payment made to the garrison at H.M. Fort at Cascobay.
Payments made to Edward Thomas, merchant, and Robert Gutteridge. [C.O. 5, 788. pp. 44, 45.]