America and West Indies: May 1701, 26-30

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

'America and West Indies: May 1701, 26-30', in Calendar of State Papers Colonial, America and West Indies: Volume 19, 1701, (London, 1910) pp. 262-271. British History Online https://www.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol19/pp262-271 [accessed 24 April 2024]

May 1701



May 26. Whitehall.	478. R. Yard to W. Popple. Enclosing following to be forwarded. Signed, R. Yard. Endorsed, Recd. Read May 27, 1701. 1 p. Enclosed,
	478. i. Order of King in Council. Kensington, May 22. Approving the draught of a letter prepared by the Lords Commissioners of Trade and Plantations to be sent to the Governor of Jamaica relating to the settlement of the Revenue in Jamaica, and directing Mr. Secretary Vernon to prepare the same for H.M. Royal signature. Signed, John Povey. Endorsed, Recd. 16th, Read June 27, 1701. ¾ p. [C.O. 137, 5. Nos. 36, 37; and 138, 10. pp. 164, 165.]
May 26. Whitehall.	479. Council of Trade and Plantations to Mr. Secretary Vernon. Having received from Mr. Cary, Agent for the Leeward Islands, a Memorial, whereof the enclosed is a copy, relating to the want of men, arms and ammunition in those parts, we desire you to lay the same before his Majesty and farther to represent that upon our demanding if the particulars of such things as were wanted had been transmitted to him, he answered us that he had no other account thereof, than is contained in the said Memorial. Signed, Wm. Blathwayt, Jno. Pollexfen Abr. Hill, Mat. Prior. [C.O. 153, 7. p. 178.]
May 26.	480. Journal of Council of Trade and Plantations. Letter to Mr. Secretary Vernon signed, enclosing Mr. Cary's memorial relating to the want of men, arms and ammunition in the Leeward Islands, to be laid before H.M.
	Mr. Attorney and Mr. Solicitor General's report upon the question about appeals from Connecticut (Dec. 18, April 25) read. Directions thereupon given for preparing a Representation upon the Order of Council of Dec. 5. Intimation being given that upon the Quakers Petitioning H.M. against the Bill for establishing of Religious Worship in Maryland, H.M. was pleased to appoint ym. a hearing in Council on Thursday next come sennight, directions were given for writing to Mr. Attorney and Mr. Solicitor General, and sending them a copy of the first Law of that Province, entituled an Act concerning Religion, upon which the Quakers ground their complaint against the Act now intended to be sent thither.
	H.M. letter to the Governor of Jamaica about settling the Revenue of that Island being now received from Mr. Yard, ordered that it be inclosed in the letter to that Governor lately signed, and that a postscript be added accordingly.
May 27.	Ordered that two guineas be given to Mr. Short, the Post Officer, instead of a New Year's Gift, which was omitted last Christmas.
	Representation upon John and Nicholas Hallam's petition signed.
May 28.	Progress made in considering Acts of Barbados, Jan.—March, 1700.
	Mr. Daniel Hunt's request for a certificate from the Secretary (see May 28) granted.
	Representation upon the Acts of the Massachusets Bay, May 29, 1700, signed.
	Sir Thomas Lawrence desiring in behalf of Dr. Bray a copy of the Act for Religion to be communicated by him to Mr. Attorney and Mr. Solicitor General, ordered accordingly. [Board of Trade. Journal, 14. pp. 42–46; and 98. Nos. 95–97.]
May 27. Whitehall.	481. Council of Trade and Plantations to the King. We have examined the petition of John and Nicholas Hallam, and concur with the opinion of your Majesty's Attorney and Solicitor General [May 15], and doe most humbly offer that your Majesty be pleased to admit their appeal in the present case and appoint a day for the hearing thereof, against which time notice may be given to the parties and to the Government of Connecticut that they may respectively conform themselves to your Majesties' pleasure therein. Signed, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Abr. Hill, Mat. Prior. [C.O. 5, 1289. pp. 100, 101.]
May 27. Whitehall.	482. William Popple to Sir Thomas Trevor, Attorney General, and Sir John Hawles, Solicitor General. The Quakers concerned in Maryland having petitioned H.M. against a Law to be passed for the establishment of the Church of England in that Province, and his Majesty having been pleased to appoint Thursday, June 5, to hear the Petitioners, the Lords Commissioners for Trade and Plantations have ordered me to send you a copy of the Act of Maryland upon which the Quakers ground their complaint, and to acquaint you that in case you shall think anything further requisite in this cause, their Lordships are ready to give you the best information they can. [C.O. 5, 726. p. 68.]
May 28.	483. Daniel Hunt to Mr. Popple. H.M. hath been pleased to grant that I might have a Commission for Adjutant to the Forces at New York on ye new establishment, but Mr. Yard desires to be satisfied by a line from the Council of Trade and Plantations, if that the former adjutant was put out by Lord Bellomont. Signed, Danll. Hunt. Endorsed, Recd. Read May 28, 1701. 1 p. Enclosed,
	483. i. Certificate by William Popple, as to Lord Bellomont's letter, Oct. 17, 1700, announcing his suspension of Mr. Augustin Graham. ½ p. Whitehall, May 28, 1701. [C.O. 5, 1046. Nos. 17, 17.i.; and 5, 1118. p. 286.]
May 28. Whitehall.	484. Council of Trade and Plantations to the King. We humbly beg leave to lay the Acts of the Massachusets Bay, May 29, 1700, before your Majesty, upon some of which, being temporary, we conceive nothing further requisite to be done (enumerated), and others (enumerated) against which we see no objection and are therefore humbly of opinion that your Majesty may be pleased to approve the same. Signed, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Abr. Hill, Mat. Prior. [C.O. 5, 909. pp. 421–423.]
May 28. Boston.	485. Minutes of Council in Assembly of the Massachusetts Bay. The Representatives having met, took the oaths appointed and subscribed the Test and Association:—
	COUNTY OF SUFFOLK:—
	Boston. John White.
	" Capt. Samuel Legg.
	" Nathl. Oliver.
	" Capt. Andrew Belcher.
	Roxbury. William Denison.
	Dorchester. Samuel Robinson.
	Dedham. Capt. Daniel Fisher.
	Brantrey. John Baxter.
	Milton. Capt. Thomas Vose.
	Weymouth. Lt. Col. Ephraim Hunt.
	Hingham. Jeremiah Beale.
	Medfield. John Harding.
	COUNTY OF MIDDLESEX:—
	Charlestown. Samuel Phips.
	Cambridge. Capt. Thomas Oliver.
	Watertown. Daniel Warren.
	Newton. Capt. Isaac Williams.
	Woobourn. Major James Converse.
	Concord. James Minot.
	Sherborne. Benoni Learned.
	Sudbury. William Browne.
	Medford. Thomas Willis.
	Maulden. Phineas Upham.
	Reading. Capt. John Browne.
	Chelmsford. Edward Spaulding.
	COUNTY OF ESSEX:—
	Salem. Capt. Samuel Gardner.
	" Capt. Samuel Browne.
	" Nehemiah Jewell (sic).
	Ipswich. Capt. William Goodhue.
	" Major Daniel Davison.
	Newberry. Tristram Coffin.
	Lynn. Capt. John Burrill.
	Marblehead. Richard Trevitt.
	Beverley. Samuel Balch.
	Boxford. John Peabody.
	Salisbury. Nathaniel Eastman.
	Aimsbury. Thomas Stevens.
	Andover. John Asselbee.
	Haverhill. Capt. Samuel Ayer.
	Wenham. William Fiske.
	Topsfield. Tobijah Perkins.
	Rowley. Capt. Joseph Boynton.
	Glocester. Capt. James Davis.
	Bradford. John Chadwick.
	COUNTY OF YORKE:—
	Kittery. Nicholas Gowen.
	Yorke. James Plaisted.
	Bilrica. Capt. Joseph Tompson.
	Marlboro'. Thomas How.
	Framingham. Thomas Drury.
	COUNTY OF HAMPSHIRE:—
	Springfield. John Hitchcock, senr.
	Northampton. John Clarke.
	Hadley. Jonathan Marsh.
	Hatfield. John White.
	Westfield. Capt. Isaac Phelps.
	COUNTY OF PLYMOUTH:—
	Plymouth. Capt. James Warren.
	Situate. John Cushing, junr.
	Duxboro. Capt. Seth Arnold.
	Marshfield. Isaac Winslow.
	COUNTY OF BARNSTABLE:—
	Barnstable. John Bacon.
	Yarmouth. John Miller.
	Eastham. Israel Cole.
	COUNTY OF BRISTOL:—
	Bristol. Capt. Ebenezer Brenton.
	Taunton. James Leonard.
	Dartmouth. Capt. Seth Pope.
	Rehoboth. Stephen Paine.
	Swanzey. Ephraim Peirce.
	Little Compton. William Fobes.
	The House acquainted H.E. that they had chosen Nehemiah Jewett (sic), Speaker. The Lieut.-Governor directed them to make a new Election of Councillors or Assistants for the year ensuing, according to the directions of H.M. Royal Charter. The Elections being finished, his Honour adjourned the Court till to-morrow at 10 in the morning.
May 29.	The Representatives sent up the names of those elected to H.E.:—
	Of the inhabitants or proprietors of lands within the territory formerly called the Colony of the Massachusetts Bay, William Stoughton, John Pynchon, Wait Winthrop, James Russell, Elisha Cooke, John Hathorne, Elisha Hutchinson, Samuel Sewall, William Browne, Isaac Addington, John Phillips, Jonathan Corwin, John Foster, Peter Sergeant, Daniel Peirce, Penn Townsend, John Appleton, John Higginson.
	Of the inhabitants or proprietors of lands formerly called the Colony of New Plymouth:—Barnabas Lothrop, Nathanl. Thomas, John Thacker, Nathaniel Byfield.
	Of the inhabitants or proprietors of lands within the territory formerly called the Province of Maine:—Eliakim Hutchinson, Joseph Hammond, Benjamin Browne.
	Of the inhabitants or proprietors of lands within the territory lying between the River Sagadahock and Nova Scotia:—Joseph Lynde.
	Of the inhabitants or proprietors of lands within this Province:—John Walley, Samuel Partrigg.
	H.E. approved of all these, except Jonathan Corwin, concerning whom he demurred giving his consent until further consideration. They all, except the Lieut.-Governor, Eliakim Hutchinson and Jonathan Corwin, took the oaths, etc., appointed.
	Ordered, that the thanks of the Board be given to Mr. Joseph Belcher for his sermon preached yesterday before ye General Assembly, and that a copy of his sermon be desired for the Press.
	The Lieut.-Governor summoned the Representatives and addressed them:—There seemed to be a gathering of very dark clouds that threatened the breaking forth of a great storm in an universal war. It was therefore necessary to prepare the fortifications, which was also recommended in H.M. letter, which, with some others lately received from H.M., should be laid before them. He hoped they would make such further provision, in addition to what was granted by the last Assembly, as should be necessary for carrying on the Fortifications at the Castle now in hand, that they might be brought to good effect, whilst we had ye advantage of having the assistance of Col. Romer, and also that the Fortifications at Salem, which were gone to decay, might be repaired and set in order, the Gentlemen of that place having made application that provision might be made for the doing thereof, or that order might be given for demolishing of the present works there, which in the condition they now are in are unserviceable, and the guns be drawn into the Town to prevent their being exposed to fall into the hands of an enemy.
	His Honour also acquainted the Council and Assembly of the Orders received from H.M. relating to the repeal of several Acts and Laws made by this Government, and that it was necessary that speedy provision should be made for the enacting of others, especially such as refer to ye Courts of Justice, that so Justice may have its course; that several temporary Acts that are near expiring should be revived and continued, and that they take into consideration the state of the Treasury, and grant such supplies as the emergency of the public officers may call for. He also acquainted them that there were several Gentlemen now abroad in the Eastern parts of this Province imployed by himself with the unanimous advice and consent of the Council on a negotiation with the Indians, to endeavour to fix them in H.M. Interests, and to prevent their taking in with the French, if a war should commence, of which negotiation he hoped they would receive a good and satisfactory accompt.
	The Representatives returned to their Chamber.
	Three letters, Jan. 19 and Feb. 2, from H.M. to the Governor or Commander in Chief of this Province, recd. May 17, were laid before the Board, read and sent down to the Representatives.
	Bill for preventing of disputes relating to actions and processes depending in the Courts of Justice, by reason of the disallowance and repeals of the Act for the establishment of precedents and forms of writs, etc., and of the Act for regulating proceedings in the Courts of Justice, read a first and second time and committed.
	Bill prescribing the forms of writts in Civil Causes read a first and second time and committed.
May 30.	The above mentioned Bills were read a third time, passed and sent down.
	Bill for regulating trials in Civil Causes was read a first and second time and committed. [C.O. 5, 788. pp. 261–266.]
May 30. Jamaica.	486. Governor Sir William Beeston to the Council of Trade and Plantations. I have received your letter of Feb. 17, which arrived here the 1st instant, and with it came H.M. Commission for tryall of Pyrats, which many names in it refuse to act in, because they are concerned in the sale of negroes, and if they act thereby they forfeite 500l. by the Royal Company's Act, and there's no authority to compell others to sitt on it, if they will not appear. I sent out summons by the Attorney General to all named in it to meete in this towne 22nd inst. to putt it in execution, but not one appeared, but one of the Commissioners of the Admiralty, it being the generall beliefe here that since we have the Act of Henry VIII. in full force here, there is no neede for this Commission to have beene sent hither, nor to send accessorys to be try'd in England, which if wee were obliged to doe, would be found very difficult, for no evidence would go thither to give their testimony, nor doe I find any authority to constrain them, or directions how their charges and expense of time shall be defray'd. Of these things I have written more fully to Mr. Secretary Vernon. And if your Lordships please to remember about three years since you were pleased to signifye your satisfaction in the Act, and that you had sent duplicates and recommended it to the Northern Plantations to doe the like, which if it had been remembred, I presume might have saved the trouble and charge of this Commission hither, for besides that they think the Statute of Henry VIII. is enough for this place, I find they are generally averse to the tryal of men's lives by most voices. I find in my letter of March 14, I writ your Lordshipps that the Commissioners of the Admiralty hesitated on the tryal of Accessories, having received a mistaken notion that they could not bee tryed by the Statute of Henry VIII., but find this Commission does not authorize it, and am therefore now convinced. The Naval Account you desire shall be sent by the next ships. About the Deputys of Pattentees, the people are not satisfied here, though H.M. rejected the Act, yet His Order in Council still remaines, and wee cannot distinguish whither thereby be meant all Patents in beeing or such as shall bee granted after that Order, but if soe the Pattent for Provost Marshall was passed since that Order of Council, besides which I have formerly represented to your Lordshipps the opinion of all here of his unfitnesse, being onely a wharfinger and not understood at all in that employment. Neither does any here pretend to dispute any authority H.M. grants by Patent, but onely when good oficers are oficiating here that understand the businesse they are about, and pay the Patentee his just dues, they should not remove them every three or four months, or when they please, without the aprobation of the Governor and Council, and put in Richard and Robert that are strangers and know not what they are goeing about, and perhaps by that time they begin to understand something of their business, the place and people, they are turned out and others appointed, so that the Treasury, the Records of men's estates, and wills and all things that belong to the security of their estates, must be rufled, tumbled about and many thereby miscarry at the mere will of the Patentees. This much disturbs the people, and causes them to say all they have is precarious, at the will of those who never saw the place nor have any interest in it. And for him that was deputed to the Receiver General's place, these were the reasons why he was not admitted, because he that is in understands his business, is a known, honest and able man and pays the Patentee duly what becomes his due, and this often changing is the reason the Quit-Rents have not been duely received, nor put into any regular method, for none that is in that office will take the pains to put it into method and order, not knowing how soon he may be turned out and another enjoy his labour.
	In answer to your commands about the Fort and Fortifications, we have no other regular Fort but Charles Fort on Port Royal, of which [I] sent you the figure. We are now building and will soone be finished a round tower of 60 foot diameter at the East end of Port Royall, which will carry 12 or 16 gunns, which wee build in that figure to hinder a surprize, there being no dore nor ascent but by a ladder, and that also plays into the harbour, and upon the cutt of the Isthmus made by the Earthquake, at which boats may enter and surprize that part of the Town without prejudice from Fort Charles, there is a lyne built to defend the passe into St. Andrews, a narrow way betwixt a high hill and the sea, done with stone and very usefull, and they are now about building a lyne of stone worke at Carlisle Bay in Vere, and there was about 3 or 4 years since a fort ordered at Port Morant, and I gave them a regular draught to build it by, but the wise men of those parts, who were to see the work goe on, sent for a landsurveyor and layde a penne as the Land afoarded without any regularity and ranne it up apace to within ¼ of finishing, which when I understand, I sent an order to them to forbeare any further worke; for not having men in those parts to defend it, it would easily have been surprized and give an enemy an opportunity of a good harbour and an inclosed Fort to defend it. For ammunition, our powder is supplied by the ships that arrive here, and the men are all obliged to find their own armes and ammunition, but as soon as an account of all can be taken, your Lordships shall have it sent, and for what we want for the better defence of the place, I sent an account in the last ships. The Memorandum that no President and Council (if the Government so happen) shall make laws, but upon necessity, is there entered accordingly. Your Lordships having recommended three of the list I remitted for the Council, and Major Hobby one of that list being since gone off, there now remains eight, and I do not know in all the Island where to pick out four more to make the number twelve, that I can with any reason recommend. I have lately been shewn the copy of a petition that I am told was brought to your Lordships, praying it might be presented to H.M. I suppose they were ashamed to send it to me, and I cannot but wonder at their confidence in directing H.M. and throwing such dirt on myself and the whole island, the place where fortune rais'd them to such ambition that to carry on their own designs under the notion of the warre, they have stirred up some of the citizens and frightened others to signe that unmannerly petition, which is very much disliked by this country, and for which they will have but little thanks. It's true here are not so many men as are needfull in so large a country to defend all parts of it, but unless a Royal Fleet and Army come against us, we are not in fear of any force hereabouts, more then to prejudice the people in the out parts, and if such [a force as?] a Royal Army come, unless a squadron of shipps be sent to engaige them, and [hinder?] their landing. 'tis not the addition of 400 or 500 men can secure the Island. The people of this Island, though they are not in pay, yet live, as it may be said, with their arms in their hands, and were ever accounted a stout and martiall people, until now these gentlemen have given them and me another character to gratifie theire owne ends, which, if true, was very ill done, and may incourage an enemy to venture on that which they before were afraid to attempt but I'le leave them to themselves and their designs, they have to advance themselves by the next Governor, who being a stranger to the place, they will conclude will not live long, and then they shall have a hit to show themselves. For my owne part, being growne into years, soe that the trouble being now too much and too great for mee to undergoe, I have desired for these three years past to be removed, but am not willing it should be by the malitious insinuations of these men, nor in disfavour to H.M., whom I have served faithfully and truly according to the best of my judgment, and have preserved the Island in great peace and tranquility, by which they are grown very rich and live at ease, in which if they should be disturbed, their ability would soon make the greatest and best men to leave the place. The country is now very healthy, but I hear five hundred soldiers are coming from Ireland; they will arrive at such a time of the year, that it is much to be doubted they will bring sickness with them and thereby again infect the country, that as many as may be left of them may dye of the country, and then where will be the advantages? If I have said too much in all this, I begg your Lordships' pardon. Signed, Wm. Beeston. Endorsed, Recd. Aug. 29, Read Sept. 1, 1701. Holograph. 2¾ closely written pp. Enclosed,
	486. i. Abstract of preceding. 1 p. [C.O. 37, 5. Nos. 49, 49.i; and (without abstract) 138, 10. pp. 284–291.]
May 30. Jamaica.	487. Governor Sir William Beeston to Mr. Popple. Repeats gist of remarks upon the Commissions for trying Pirates in preceding letter. Holograph. ½ p. Addressed. Postmark. Signed, Wm. Beeston. [C.O. 37, 5. No. 50; and 138, 10. pp. 291, 292.]
May 30.	488. J. Thurston to [? Mr. Popple]. The particulars mentioned in the margin being for the additional men lately sent to Newfoundland are now ready to be shipt on board the Albion Galley, . . . Drewitt master, I most humbly pray your letter to Mr. Lownds of the Treasury for directions for their passing free of Custom. Signed, J. Thurston. Endorsed, Recd. Read May 30, 1701. ¾ p. [C.O. 194, 2. No. 43; and 195, 2. p. 445.]
May 30. Whitehall.	489. William Popple to William Lowndes. The Council of Trade and Plantations send you the (above) letter, to lay before the Commissioners of the Treasury. [C.O. 195, 2. p. 446.]
May 30. Whitehall.	490. William Popple to Sir Henry Ashurst, Bart. The Council of Trade and Plantations order me to acquaint you that their suspense in reporting upon the draught of a Charter for Harvard College, which they had from you, is for want of Mr. Sollicitor General's report upon it. [C.O. 5, 909. pp. 423, 424.]
May 30.	491. Journal of Council of Trade and Plantations. Letter from Mr. Thurston read, and transmitted in a letter to Mr. Lowndes.
	Acts of Barbados, Jan.—March, 1700, further considered.
	Mr. Attorney General's report upon two Acts of Barbados, Sept. and Nov., 1700, read, and the said Acts also read and considered.
	Ordered that notice be given to Sir Henry Ashurst that the suspense of the report of this Board upon the draught of a Charter for Harvard College is for want of Mr. Solicitor General's report thereupon, which had been desired in February last. [Board of Trade. Journal, 14. pp. 46, 47; and 98. No. 98.]
May 30. Boston.	492. Minutes of Council of the Massachusetts Bay. Treasurer's account paid. Balance of the 1,500l. voted May 29, 1700, for the repair of fortifications on Castle Island, ordered to be paid to Thomas Brattle on account.
	Wages of garrison of H.M. Fort Mary at Saco paid.
	John Leighton's account paid.
	Peter Sergeant paid 20l. for the entertainment of Lord Bellomont, before H.E's keeping house.
	Samuel Sewall paid for rent of stable for H.E's horses.
	10l. paid to Samuel Moody, Minister of York. [C.O. 5, 788. pp. 57–59.]
May 30.	493. Minutes of Council of New York. The Governor produced the King's Letter and Order about the Towns of Rye and Bedford, March 28, 1700, which was read and ordered to be entered in the Council Book. [Entered here.]
	Proclamation ordered accordingly, and that it be inserted therein that the High Sherif of the County of West Chester, accompanied with two Justices of the said County, do repair to the said Towns of Rye and Bedford and publish the said Proclamation, and requiring the inhabitants of the said Towns to give obedience to this Government pursuant to H.M. Royall will and pleasure at their perills.
	Letter from H.M., Feb. 2, 1700/1, relating to accessories of pyrates, was read and ordered to be entered in the Council Book. [Entered here.]
	The King's letter, Jan. 19, 1700/1, relating to the Forts and the frontiers, read and ordered to be entered in the Council Book, together with a paper enclosed therein containing the quota of men to be furnished by each of H.M. Plantations on this continent. [Entered here.]
	Letter from the Council of Trade and Plantations, Oct. 11, 1700, referring the Petition of Mathew Plowman to the Governor, was referred by him to the Council to inquire into the truth of the allegations therein.
	The accounts of Robt. Livingston were referred to a Committee.
	Petition of Jacob Isaac read and referred to the Collector and Receiver General, to enquire and report thereon.
	Letter from the Council of Trade and Plantations read, and in accordance with a clause therein, ordered that a High Court of Chancery do meet and sit on the first Thursday in Aug., and from that time on the first Thursday in every month till further order. The Council desired the Governor to appoint proper officers for the said Court, that the inhabitants may apply themselves unto them as they shall see occasion. [C.O. 5, 1184. pp. 530–549.]