America and West Indies
June 1701, 1-5

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Institute of Historical Research

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Cecil Headlam (editor)

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1910

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272-283

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'America and West Indies: June 1701, 1-5', Calendar of State Papers Colonial, America and West Indies, Volume 19: 1701 (1910), pp. 272-283. URL: http://www.british-history.ac.uk/report.aspx?compid=71552 Date accessed: 23 July 2014.


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Contents

June 1701

June 1.494. Minutes of Council of New York. Proclamations about Rye and Bedford and the Chancery Court approved and ordered to be printed and published.
The Governor acquainted the Council that, since the Earl of Bellomont's decease, and during his absence, the General Assembly, prorogued by H.E., according to their prorogation had met, and that warm debates had arose and misunderstandings happened about the right of administration of Government and particularly in this House of Representatives concerning the legality of their sitting since the Earl of Bellomont's decease; that H.M. having given unto him the power of adjourning, proroguing and dissolving of General Assemblys, he thinks it adviseable, in order to the putting an end to all differences and misunderstandings amongst H.M. subjects, that for the future they may be firmly united in H.M. interest and service, as well as their own good and wellfare, to dissolve the present Assembly.
Proclamation ordered to be printed and published accordingly.
Writs for the Election of a New Assembly to meet and sit on the first Tuesday in August ordered to be prepared.
The Governor and Council taking into their consideration that M. de Marricour, a subject of the French King and an inhabitant of Canada, a person said to have a great influence over our Five Nations, is designed for Onnondage, as it is believed, to debauch our Indians, it is the opinion of this Board that a person be sent to Onnondage to defeat his endeavours. The Board think it for H.M. service that the Governor do speedily repair to Albany to meet the said Indians and engage them to a firm adherence to the Crown of England, and that Capt. John Bleeker do immediately on notice hereof repair to Onnondage with an Interpreter and acquaint the Five Nations that the Governor does appoint them to meet him at Albany, July 1, where they will receive from him a considerable present; that Capt. Bleeker do inquire with all imaginable diligence if M. de Maricour or any French either are or have been, amongst the Five Nations, and what they have insinuated to them, and to order them not to hearken to anything that either has or may be offered unto them, until they shall meet the Governor at Albany. Capt. Bleeker and the Interpreter to come from Onondage with the Indians to Albany and not before.
Proclamation ordered confirming all officers, civil and military, in their offices till further order.
Ordered that the Receiver General lay before the Governor an account of what moneys he hath received of the 1,000l. raised by Act of Assembly for building a Fort at Onnondage, and that the Clerk of the Council prepare circular letters to the Justices of the several Counties who have not yet paid their quotas.
Proclamation ordered urging all Sheriffs, Justices of the Peace, freeholders and other persons concerned, that they be very circumspect and observing of the Law made for ye Elections of Representatives, and that they endeavour to prevent as much as possible all partiality or undue elections and returns. [C.O. 5, 1184. pp. 549–553.]
June 2.495. Minutes of Council of Bermuda. List of the Colonels, Lieutenants and Ensigns:—
St. Georges. Daniel Tucker, Lieut., Humphry Burchall, Ensign.
Hamilton and Smith's Tribes. William Stone, Lieut., Richard Penniston, Ensign.
Devon Tribe. Florentius Cox, Lieut., Wm. Watlington, Ensign.
Pagitt's Tribe. Nathaneel Butterfield, Lieut., Nathaneel Prudden, Ensign.
Warwick Tribe. John Harvey, Lieut., George Tucker, Ensign.
Southton Tribe. Philipp Lea, Lieut., Joseph Todd, Ensign.
Sandys Tribe. Jonathan Birch, Lieut., Joseph Hinson, Ensign.
Pembroke Tribe. Thomas Wood, Lieut., William Stafford, Ensign.
Petition of Benjamin Wainwright re Thomas Forster read. Ordered that the latter shew cause why it be not granted.
This day appeared Capt. Matthew Newnam and shewed unto Charles Walker as Attorney to Nicholas Trott, senr., the Order of the King and Council, and also to John Brooke, one of the Commissioners for Trott, and moved that nothing in that matter be proceeded on till Capt. Newnam be present. [C.O. 40, 2. p. 36.]
June 2.
Boston.
496. Isaac Addington to Wm. Popple. Transmitting duplicate of Acts sent April 23, and one further Act passed April, 1701, with Journal of Assembly of Massachusetts Bay, Feb. and April, and Minutes of Council, Jan. 9—May 13, 1701. Signed, Isa. Addington. Endorsed, Recd. 12th, Read July 15, 1701. 1 p. Enclosed,
496. i. Memorandum of Minutes of Council referred to above. ½ p.
496. ii. Memorandum of Minutes of Council in Assembly of the Massachusetts Bay, Feb. 12—April 19, 1701. ½ p.
496. iii. Memorandum of Acts referred to above. ½ p.
496. iv. Memorandum of Acts referred to above. ½ p.
496. v. Memorandum of an Act, April 19, 1701, referred to above. ½ p. [C.O. 5, 862. Nos. 54, 54. i.–v.; and 5, 909. pp. 453–455.]
June 3.
Whitehall.
497. William Popple to Sir Bartho. Gracedieu. The Council of Trade and Plantations desire your care in procuring Mr. Attorney General's Report upon some Acts of Jamaica, June 1699, which were sent to him May 24, 1700, and have lain ever since that time in his hands. [C.O. 138, 10. p. 164.]
[June 3,
1701.]
July 10,
1700.
Bermuda.
498. Ch. Walker, Anthony White and others to the Council of Trade and Plantations. The happy subjects of the neighbouring Plantations enjoy an uninterrupted freedom of trade and liberty, whilst the poor discouraged Bermudians in melancholy toanes laments their misfortunes, like the primitive Babylonian captives. We therefore submitt the following papers to your Lordships, all which have been occasioned by a petition presented unto ye Governor and Council, setting forth the irregularity and illegal practices of Judge Nelson. Annexed,
498. i. Petition to Governor Day and Council. April 1, 1700. Petitioners have long been exposed to the implacable malice, envy and prejudice of Gilbert Nelson, whom your Excellency alone hath made soe great that he is almost master of our lives and fortunes, by appointing him Chief Justice and Judge of all Courts and one of the Council, a trust too great to be lodged in one single person. especially in him, whose base, unjust and barbarous principles, and late and former clandestine and illegal actions hath rendered him both by the Laws of England and H.M. immediate Instructions altogether uncapable of executing and managing public business, and that hee hath also forfeited his right and privilege to such honourable preferments in these Islands. Petitioners being now ready to prove the same, crave leave to lay before your Excellency and Council the proofs of such matters, and that Gilbert Nelson may be degraded and left open to the Law. Signed, John Dickinson, Tho. Smith, Tho. Harford, Charles Walker, Antho. White, Sam. Spofferth.
The Governor returned no answer, neither enquired into the matter, only endeavoured to persuade the Council to joyne with him in committing the petitioners to prison, but the Council refused. The next account we had was summons, May 3, 1700, to appear next Council day, which we did, but the Governor utterly refused to allow any hearing, notwithstanding most of the Council earnestly requested the same. And hee, the Governor, with unworthy base expressions did affront and abuse the petitioners, telling them they should attend his pleasure. On June 3 petitioners attended to receive an answer, but the Governor severely threatened and abused them, saying he would make them examples, and after abundance of very hard names, he ordered that they should attend the Council, July 1. But before that they were served with an order from the Governor requiring them to exhibit their respective accusations and charges against Gilbert Nelson into the Secretary's office within two days, together with the copy of the proofs and allegations you have taken about the same, that Nelson may file his answer and the matter be proceeded on according to Law, Justice and Equity (June 26, 1700). Whereupon Petitioners exhibited into the Secretary's office the following charge. 1. He has broken the oath which he either hath or ought to have taken. 2. Hath been an evil Councillor to the Governor, and hath practiced prejudging of matters before they judicially came before him. 3. Hath been divers times guilty of that black and hellish crime of sordid bribery, particularly in the case of Daniel Keele v. Robert White, 1696, Joseph Stovell v. George Tucker, 1699, Tho. Barton etc. v. Lewis Johnson, 1699. We propose that some of us be impowered by Order or Commission to examine witnesses and take depositions relating to the matters charged, that thereby we may be more fully enabled to exhibit copies of affidavits into the Secretary's office; also that Gilbert Nelson may be suspended from all his offices and preferments until he shall discharge and acquit himself from the charge here exhibited against him. June 28, 1700. The preceding paper was lodged in the Secretary's office about five o'clock in the afternoon, and a warrant was immediately issued for the arrest of Petitioners for their contempt of the Governor's order of the 26th (quoted), and accordingly the Deputy Marshall did on the 29th seize Charles Walker, Anthony White, Samuel Spofferth and Thomas Harford, and without examination they were confined in the common gaol, where they remained several days, before any bail would be taken or allowed. Copy of Commitment, June 29, 1700. Signed, Gilbert Nelson. On July 3 two of the present Council, Capt. Richard Peniston and Robert White, weere summoned to appear before the Governor of St. Georges, where when they came the Governor affronted and abused them after a most rude and barbarous manner, calling them the usual names of dogs, rogues and rascals, and demanded of them what the affidavits were which they had made against Mr. Nelson. They answered that they were ready upon a fair hearing to declare what they knew, and would justify what they had done, but at present were not willing to concern themselves further therein. Upon which they were immediately committed to prison and there confined several days, till they found sureties for their appearance to answer that contempt the next assizes. We pray that you will use your interest with H.M. for our speedy deliverance and protection. Signed, Cha. Walker, Anthony White, Sam. Spofferth, Thomas Harford. Endorsed, Recd. 3rd, Read June 5, 1701. 13½ pp. [C.O. 37, 3. No. 57.]
[? June 3.]499. Francis Eyles to the Council of Trade and Plantations. Prays, on behalf of Governor Grey, that copies of the petition, etc., of Mr. Skene may be transmitted to H.E., that he may justify the proceedings in this affair so far as they concern him. Signed, Frans. Eyles. Endorsed, Recd. Read June 3, 1701. 2 pp. [C.O. 28, 6. No. 3; and 29, 7. pp. 321–323.]
June 3.
Boston.
500. Lieut.-Governor Stoughton to the Council of Trade and Plantations. Recapitulates letters of April and May. Since writing, I have with the advice of the Council commissionated some persons to manage a treaty with the Eastern Indians, and to endeavour to prevent their being debauched by the French, that they [may] not take part with them against us, and to oblige them by presents and assurances of full supplies for Trade to be afforded them and of kind usage therein beyond what they have had from the French. The said Commissioners are not yet returned. Acknowledges receipt of Commission for trying pirates etc., as also of Orders in Council declaring H.M. approbation of several Laws and his repeal of others, "which I shall endeavour may be amended, having regard to the exceptions made by your Lordships thereto." I have likewise received H. M. letters, Jan. 19, and Feb. 2, 1700/1, all of which I have communicated to the General Assembly now sitting, and recommended unto them, that such provision may be made by them as is proper on the several heads therein mentioned. They had before granted money for the repairing and making of new Fortifications on Castle Island, which are in doing by the advice and direction of Col. Romer. I apprehend it will be difficult to prevail with the Assembly to be at charge for the building and maintaining of Forts at Piscataqua and elsewhere in New Hampshire (which is challenged to be the Propriety of a single private person) for the defence whereof this Province expended many thousands of pounds in the assistance given H.M. subjects during the late war, and are not reimbursed any part thereof. They also apprehend that the inhabitants there are as able (if not more), to bear the charge of necessary Forts and Fortifications for their own defence than those of this Province, who are extreamly impoverished, and many scarce able to provide for their necessary subsistance, are to support the vast charges this Government are at for those within the same, which are also barriers to that Province, and divers of our towns and places lye more frontier.
As to the erecting of a Fort at Pemaquid, it is the general opinion of all who know the place, that the situation thereof is such as renders a fortification there of very little or no use for the securing of any of our Plantations, nor can it be a bridle to the Indians, being far remote from any present settlement of the English, and lies much out of the common road of the Indians, the greatest number of which that usually annoy us, having their Plantations and Settlements on this side thereof. The quota required from this Province for the assistance of New York do's much startle H.M. subjects here, who apprehend themselves to lye more open and in danger of an invasion than that Province, and altogether as unable (if not more) than they to defend themselves without further assistance, and they humbly hope for H.M. Royal Grace therein. Signed, Wm. Stoughton. Endorsed, Recd. July 7. Read July 11, 1701. 3 large pp. Enclosed,
500. i. Abstract of preceding. 1 p. [C.O. 5, 862. Nos. 55, 55. i.; and 5, 909. pp. 445–451.]
June 3.
Boston.
501. Lieut.-Governor Stoughton to Mr. Secretary Vernon. Repeats substance of preceding. Signed, Wm. Stoughton. Endorsed, R. July 6, 1701. 3 large pp. [C.O. 5, 862. No. 56.]
June 3.
Boston.
502. Duplicate of preceding. [C.O. 5, 862. No. 57.]
June 3.503. Lieut. Henry Harris to the Council of Trade and Plantations. Petitioner served all the late war and afterwards in the Carribbee Islands in Col. Collingwood's Regiment, till Dec. 7, 1700, when it was broke. He was wounded in Ireland and Flanders. The Government of St. Christopher's is now vacant. The French, at the comeing away of petitioner three months since, had 3 companies of foot, and intended to have five more in that Island. There was then one Company of English, which consisted of but 21 men, old and infirme, void of cloths and the very necessaries of life, and unable to make any defence in case of need. And there are now in that Island 200 able men, which made 5 companys before they were broke, none of which will serve in that company. Petitioner conceives there is an absolute necessity that a Governor and full company of able men or more be forthwith appointed. He prays to be heard, and, if thought qualified, to be appointed Governor and Captain in that Island where he hath interest enough to make up in 10 days one or more companys of 60 men each out of the said broken regiment. Endorsed, Recd. Read June 3, 1701. 1 p. [C.O. 152, 4. No. 26; and 153, 7. pp. 179, 180.]
June 3.504. Journal of Council of Trade and Plantations. Memorial from Mr. Eyles, in answer to Mr. Skene's petition, read. Ordered that it be communicated to Mr. Skene's friend here for his answer.
Ordered that the Secretary write to the Agents of Jamaica for the Acts of that Island, which are in Mr. Attorney General's hands.
Order of Council, Oct. 22, for constituting Mr. Lawrence a Member of Council of Maryland, received on Saturday last, was read.
Lieut. Henry Harris presented a petition to be recommended to H.M. for the place of Lieut.-Governor of St. Kitts, which was read. He was told he ought properly to apply himself to H.M. first. [Board of Trade. Journal, 14. pp. 48, 49; and 98. No. 99.]
June 3.
Boston.
505. Minutes of Council of the Massachusetts Bay. General Council appointed to sit on the 12th. Proclamation by Lieut.-Governor of New York, for the apprehension of several soldiers who have lately deserted their posts in that Province, was, at his request, ordered to be published within this Province and all officers and subjects required to pursue its intent with the utmost diligence.
June 4.Nathaniel Eames, Constable of Sherborne, and his assistants paid 40s. for seizing a quantity of counterfeit money and the stamps wherewith it was made, and pursuing after the persons in whose custody the same were found. [C.O. 5, 788. pp. 59, 60.]
June 3.506. Minutes of Council in Assembly of the Massachusetts Bay. Eliakim Hutchinson, anew elected Assistant for the year, took the oaths, etc., appointed.
The Lieut.-Governor gave his consent to the election of Jonathan Corwin as Assistant. [See May 29.]
Bills for preventing disputes etc., and prescribing forms of writs in Civil Causes, sent up, were read and passed.
Bill prescribing the forms of writs in cases triable before a Justice of the Peace, read a first and second time and passed to be ingrossed and sent down.
June 4.The Committee reported the amendments they proposed to be made in the Bill for regulating of trials in Civil Causes, which were read and approved, and being inserted in the Bill, the same was read and past to be ingrossed and sent down.
Bill presenting the form of writs for possession etc. was read a first and second time and committed.
Petition of Northampton and Westfield in Hampshire, setting forth that their precincts join one upon another, running upon an East and West line from Connecticot River till it extends near a great rock called Webb's Rock, and from thence Northampton bounds extends yet more westward adjacent with the precincts of Westfield, and that there is a small slip of land between the said towns, which their bounds do not extend to, and praying that said vacant land may be granted betwixt them, that their bounds may join, and that the dividing line betwixt said towns may be stated from Webb's Rock and to run two points of the compass from a west line more northerly and so to the end of their bounds, in all nine miles from Connecticot River, as is expressed in their first grant, was sent up by the Representatives with the following resolves:—That the prayer be granted, provided that the right, title or demand of the Town of Springfield according to their Town grant or agreement with Northampton be not infringed, or the right, title or demand of Joseph Parsons and Samuel Cooper, or of any other person be not thereby impeached or prejudiced; also reserving to Wm. Hubbard 400 acres in any one place of land where he shall choose it, in consideration of his being wounded in H.M. service, which is hereby granted to him, his heirs and assigns for ever. This petition and resolve was concurred with.
The Agents of the several Churches or Congregations in Situate were heard before the whole Court respecting their precincts for the support of the Ministry.
June 5.Bill prescribing the forms of writs in cases triable before a Justice of the Peace, sent up, was read and passed to be enacted. H.E. gave his consent.
Bill prescribing the form of writs for possession was amended, read, passed and sent down.
June 6.Jonathan Corwin, anew elected a Councellor or Assistant, took the oaths etc. appointed.
An order by the Representatives was concurred with, that a hearing be granted to the towns of Dedham and Natick upon their difference concerning bounds, next Wednesday. The towns to be notified accordingly.
Petition of Jeremiah Bumstead of Boston was sent up from the Representatives with their resolve, that he be allowed 5l. per annum, in consideration of his being made a creeple by a wound received in H.M. service against the Indian enemy.
4l. granted to Benjamin Nason of Barwick for his charges in redeeming his daughter from the Indians.
Petition of the Town of Bradford, referring to their differences with the Town of Rowley as to their boundaries, sent up from the Representatives with their order thereupon, that the hearing of the matter contained in the said petition be deferred till the second Wednesday of the next Session of this Court, and that the Towns be notified to appear then, read and order concurred with. [C.O. 5, 788. pp. 266–270.]
June 4.507. Attorney and Solicitor General to the Council of Trade and Plantations. In answer to your Lordships' queries April 30 (1) we are of opinion that Lieut.-Governor Capt. Norton may be indicted and tryed in the Court of King's Bench by virtue of the Act for punishing Governors of Plantations for offences committed by them in the Plantations, but we doubt whether he will incurr the penalty of 1,000l. by the Act made the 7th and 8th of the King, for regulating abuses in the Plantation Trade, for the words of the Act extend only to Governors and Commanders in Chief, and is given only for the offence of not taking the oaths or putting the Acts in execution: but he will be fineable at the discretion of the Court. (2) We think a Foreigner endenized is qualified to be Master of a ship trading to the Plantations unless there be a provision in the Letters Patents of Denization that such Denization shall not enable him to be Master of a ship, which is usually inserted for that purpose, but hath been omitted in some denizations of French Protestants, since the reign of his present Majesty by Order of Council. (3) We are of opinion that a Scotchman is to be accounted as an Englishman within the Act, every Scotchman being a natural born subject. Signed, Tho. Trevor, Jo. Hawles. Endorsed, Recd. 6th, Read June 18, 1701. 1 p. [C.O. 152, 4. No. 27; and 153, 7. pp. 187, 188.]
June 5.
Kensington.
508. Order of King in Council. Whereas in pursuance of an Order of this Board, May 22 last, on ye petition of some of ye people called Quakers in behalf of their Friends in Maryland, His Majesty was graciously pleased this day to hear them and their Council learned against the draft of a Bill for the Establishment of Religion, etc., and His Majesty having likewise heard ye reasons offered for ye said Bill, is pleased to Order in Council that the Lords Commissioners for Trade and Plantations do forthwith transmit ye said draft to the Governor and Council of Maryland to be by them offered to the General Assembly at their first Sessions that shall be held after ye receipt of ye said draft. Signed, John Povey. Endorsed, Recd. 10th, Read June 11, 1701. ¾ p. [C.O. 5, 715. No. 40; and 5, 726. pp. 76, 77.]
June 5.509. Undersigned to the Council of Trade and Plantations. We do hereby recommend Capt. George Wingfield [for the Government of St. Kitt's or Mountserat]. Signed, Auverquerque, G. Wharton, C. Godfrey, Cha. Churchill, R. Nevill, Cha. Hotham, Wm. Strickland. ¾ p. On back,
509. i. Richard Coote to the Council of Trade and Plantations. Recommendation of the same, "He having been very zealous for H.M. interest and Government and served in my Regiment as Lieutenant with all duty and diligence. Signed, Rich. Coote. ½ p. The whole endorsed, Recd. Read June 5, 1701. [C.O. 152, 4. Nos. 28, 28.i.; and 153, 7. p. 181.]
June 5.
Barbados.
510. Governor Grey to the Council of Trade and Plantations. I hope ere this comes to your Lordships' hands you will have received an answer to the several complaints exhibited by Loder, Crofts and Frederick and also that of Mr. Hawkins. I have now sent your Lordshipps an answer to the petition and stated case of one Hodges (Dec. 14, 1700), which I have good cause to believe will be very satisfactory to your Lordships. Signed, R. Grey. Endorsed, Recd. 26th, Read July 30, 1701. 1¾ pp. Enclosed,
510. i. Answer to the Petition and case of Thomas Hodges, Dec. 14, 1700. Signed, R. Grey, and John Farmer, Geo. Lillington, Geo. Andrews, Wm. Sharpe, Pat. Mein, Tob. Frere, Michael Terrill, David Ramsay, R. Scott, Ben. Cryer, Thomas Merrick, Saml. Cox. (All the Council of Barbados.) 3 large pp. Endorsed as preceding.
510. ii. Abstract of preceding. Replies to Mr. Hodges' Complaints. (1) The Court of Chancery must consist of the Governor and four Counsellors; the Law ascertains no time for ye sitting of the Court and the custom is to hold it monthly. Mr. Grey arrived in a sickly time, yet holds a Court Aug. 10, 1698, but being taken ill he did not hold any Court till Jan. 25, 1699, from which time to March, 1700, it was held monthly, except when the Law had appointed other Courts or the Governor was sick. The sickness in April, May, June, July, prevented the sitting, nevertheless a place was appointed in ye County for holding it, but ye Lawyers refused to attend. The sickness abating, the Court was held till all the causes were determined. (2) It appears by the certificate of the Register that all causes ripe for hearing were finished. (3) The King's Orders are always immediately obeyed. (4) The inhabitants generally are satisfied. Out of 78 causes determined by Mr. Grey there has been but two appeals. Nobody is guilty of bribery; the complainant is challenged to prove his assertion. Many addresses have been made to Mr. Grey acknowledging his impartial justice. (5) Neither the Governor nor Council are persons in debt; they know no Judges of the Inferior Courts in debt. No one sits Judge in the cause he is concerned in. Mr. Sadleir was not Judge and debtor as suggested. (6) Eight months elapsed before Mr. Grey's arrival: all possible dispatch was made afterwards, as appears by the Register. The Court is not answerable for the mismanagement of Mr. Hodges' Attorny. Nobody can know whether the Court would have favoured Mr. Horne's delays. (7) and (9) Whether the Court sat or no, the Appellant might have exhibited his demand of an appeal. But the 14 days allowed for exhibiting appeals was neglected. Mr. Chilton's is an answer to part of this article. (8) Though Mr. Horne has sold some part of the estate, the improvements made by him on the remaining part are more valuable. (10) No complaint was ever made of such fears as that Mr. Hodges' Agents were afraid to take out execution by reason of the great power of the defendants. No cause wherein he is concerned was ever brought over from any of the Courts of Law by injunction to the Chancery. (11) As to the delays in Chancery making him a loser of 1,800l. by the death of Sir Samuel Husbands, the Register's Certificate will shew the process of that business met with no such delays. (12) The Sessions of Chancery being but monthly, there could be but one Court held in that time, which was on March 22, when 9 causes and 12 demurrers were heard. Nothing is called a cause but a bill and answer when ready for hearing. (13) and (14) When the Complainant has made his exceptions to a short answer, he moves they may be referred to a Master. (15) There never was so little as 2 causes heard in 8 months, as the List shows, and as to the Courts of Error, the Journals of Council show their proceedings. Mr. Hodges was never concerned in a cause of Error. (16) The Government is desirous of nothing more than that a dedimus potestatem may be sent to Barbados to examine witnesses. (17) Mr. Chilton's letter sets forth Mr. Knapton's character and the falsehood of his declaration. 4¼ pp.
510. iii. E. Chilton to Gov. Grey. May 17, 1701. On leaving England (1698), I refused Mr. Hodges' letter of attorney, but so far conceded that my name was inserted therein to act for him in case of Major Pillgrim's death or absence. About the beginning of June last I wrote him one short letter, which he was never intended to make such use of as he has done. It is true I writt that many causes were depending, and that the Chancery had not then dispatched one matter, which I now find to be a mistake, and that God only knew when it would. But I added the true and sincere reason, that the infection was so great that people durst not meet together. It was then so violent that I have several times gone thorough the largest street in town and could see few or noe shops open and scarce one person in the street, and soe continued for several months. Since I have been here, Mr. Hodges has never had any cause depending either in Chancery or in any Common Law Court. What had formerly depended in Chancery was amicably concluded by consent of all parties, and a decree accordingly entered in '96 before I came here. It's truth Mr. Hodges complains of it and says it's much to his prejudice and against his positive order to Major Pillgrim, and has desired me to endeavour to set it aside, which I would willingly have done had he given me money so to do. I am very sensible how serviceable Major Pillgrim had been to him, and for Mr. Hodges to send me the opinion of Mr. Solicitor General in England and Mr. Dod, that Major Pillgrim ought to be laid by the heels and to pay all charges for the reversal of the aforementioned decree, I thought strange, and really deterred me from being further concerned with him. I can't think Mr. Hodges to be in his perfect senses. Mr. Knapton was not concerned much in my business, for that he was so idle and proud that I could never depend upon him, insomuch that I thought it better to deliver his indentures than to keep such an useless person at charges. I only knew one case of a Court being put off for a burial, and that was on account of Mr. Hooper, my Predecessor, being dead. It's truth that Mr. Hodges gave me his orders that in case things did not go as he expected, I should make an appeal to H.M., but he never sent me word who would be security therefor, and without it, it could never be granted. I have returned the bill of exchange he has drawn on me protested, for though he gives out that I have received some thousands of pounds of his, I have never directly or indirectly received one farthing more than what was given me for my fee. Signed, E. Chilton. Endorsed, Recd. July 26. 2¾ pp.
510. iv. Deposition of William Beresford, Clerk of the Court of Chancery, June 2, 1701, that the following is a true copy. Endorsed, Recd. 26th, Read July 30, 1701. ¾ p.
510. v. List of Business heard and determined in the Court of Chancery of Barbados, since the arrival of Governor Grey to March 20, 1700/1. 1½ pp.
510. vi. Record of the case of Thomas Hodges v. Sir Samuel Husbands and Hilliard Holdip, May, 1699—March, 1700. Signed, Will. Beresford. Reg. Canc. May 5, 1701. 1 p. [C.O. 28, 6. Nos. 4, 4.i–vi.; and (duplicates Endorsed, Recd. Aug. 16, 1701, and without abstract ii.) 5, 5.i.–v.; and (with enclosure i. only) 29, 7. pp. 350–374.]
June 5.
Kensington.
511. Order of King in council. Referring enclosed petition to the Council of Trade and Plantations. Signed, John Povey. Endorsed, Recd. 23rd, Read June 24, 1701. ½ p. Enclosed,
511. i. William Spencer to the King. Petitioner's deceased father, Col. Nicholas Spencer, was for many years Secretary of Virginia, wherein be acquitted himself with all possible honour. Petitioner being well acquainted with the affairs of that country, prays the favour of serving your Majesty as Secretary. Copy. ¾ p. [C.O. 5, 1312. Nos. 12, 12.i.; and 5, 1360. pp. 85, 86.]
June 5.
Whitehall.
512. Journal of Council of Trade and Plantations. Received from Mr. Yard a letter from H.M. to Col. Codrington, pursuant to the Order of Council, May 8. Secretary ordered to send it forwards to Col. Codrington.
Received from Mr. Yard duplicate of the letter to Sir William Beeston, relating to the Revenue of Jamaica, and the same was inclosed in the duplicate of the letter from this Board to him, May 23.
Letter from Charles Walker, etc., dated at Bermuda, July 10, 1700, having been received here the 3rd inst., was laid before the Board.
Capt. Wingfield presented to the Board two recommendations which were read. Ordered that the Secretary acquaint him, when he calls next, that there is no salary allowed by the King for the places that he petitioned for.
Sir Philip Meadowes communicated to the Board a letter to him from Col. Bayard, New York, March 8, giving an account of the Earl of Bellomont's death, etc., which was read. [Board of Trade. Journal, 14. pp. 49–51; and 98. No. 100.]
June 5.513. Minutes of Council of New York. The Governor produced a message from Onnondage to Albany, June 1, relating to M. de Marricour, his going to Onnondage from Canada, which was read. This Board are of opinion that a letter be sent to Albany with a Minute of Council of June 1 enclosed, and that the Minute be sent after Capt. Bleeker in case he was departed from Albany before Col. Schuyler arrived with the said Order of Council. Ordered that the three persons who came express with the said message be paid 1l. 10s. each.
Petition of Robt. Livingston read. Ordered that Thomas Weaver be served with a copy thereof, and that he give in his answer with all convenient speed.
In pursuance of an Order of Council, June 1, the Collector states that he hath not as yet received any of the 1,000l. tax for building a Fort at Onnondage, but believes that the same is in the hands of the Collectors of the several towns, and that he shall receive it in a little time.
Capt. Sincklair's petition and account referred. Petition of William Richardson and account of John Crooks referred.
Ordered that the Clerk of the Council send a Letter to the Justices of the several Counties who have not paid their quotas of the 2,000l. tax, and that the Collector give to him an account of what summe is outstanding from each County. [C.O. 5, 1184. pp. 553, 554.]