America and West Indies: June 1701, 6-10

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: June 1701, 6-10', in Calendar of State Papers Colonial, America and West Indies: Volume 19, 1701, (London, 1910) pp. 283-295. British History Online https://www.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol19/pp283-295 [accessed 19 April 2024]

June 1701

June 6. 514. William Mead to the Council of Trade and Plantations. Petitioner, one of H.M. Commissioners of Customs in St. Kitts, and one of the principal inhabitants of the Island, hath for several years had the honour of being one of H.M. Council there, and for the last three years to be the Eldest Councillor or President till the arrival of the present Governor of the Leeward Islands, who acquaints him that by his Instruction, Petitioner is the last man, save one, of the list of the Council, whereby he is turned down from the top of the Table to the lower end, and divers that have been his servants and are much inferior to him in every thing are putt over his head. Petitioner hoping it was a mistake, prays that it be rectified. Endorsed, Recd. 6th, Read June 20, 1701. ¾ p. [C.O. 152, 4. No. 29.]
June 7.
St.
Christopher's.
515. Governor Codrington to [? Mr. Secretary Vernon]. The letter you did me the honour to write me in relation to Mr. Coetlogon's fleet found me at this Island. Upon the first news I received of ye probability of a war, I thought it necessary to come down here, both because the people were under such apprehensions, upon the landing of a good number of arms and other stores from Martinique, that they were ready to desert the Island, and because I was sensible the first blow of cource would be struck here. I have spent the greater part of six weeks here and hope I have done all that it would have been possible for any man to have done in the same circumstances. I can safely tell you I have been not onely General but Engineer, Serjeant, and Corporal, but I shall not give you ye trouble of a detail. Whatever has been done, will be to little purpose until we are protected by a fleet, for we are not in a condition to defend ourselves. I beg you will do me the justice to assure H.M. that if I cannot serve him successfully, I can dye for Him cherefully, for noe one, who has ye honour to be employed by Him, serves Him with less reserve or more zeal. Signed, Ch. Codrington. Endorsed, R. July 25, 1701. Holograph. 1 p. [C.O. 152, 4. No. 30.]
June 8.
St.
Christopher's.
516. Governor Codrington to the Council of Trade and Plantations. Affairs are almost in the same situation they were when I wrote last, only the arrival of Mons. de Coetlogon's fleet has somewhat encreast the apprehensions of our people, and consequently rendered them more willing to be at ye pains and expense of providing for their defence. What they and I have been able to do, I own is very little, but as it was my duty to do all I could, I can honestly say I have endeavoured to discharge yt duty, and hope I have done as much (to encourage the inhabitants, to discipline them, to repair the forts and artillery and to take all other precautions) as anyone else could have done in my place. However, my Lords, if the French Fleet arrives first, and attacks us in good ernest, I can only assure you I will preserve my own honour, but cannot answer for ye Islands, which can only be secured by a Fleet. The best hope I have at present is that the French King is so fond of his grandson he will take more care to defend his grandson's dominions than attack ours, for ye greatest part of ye stores which came in M. de Coetlogon's Fleet, have been sent to Leeward, amongst which there was a very great number of small arms, and I am assured from good hands they are designed for ye Spaniards, and not ye French.
The French General and Intendant who were here last week proposed a neutrality to me. I answered them at first I had noe authority to treat of anything of yt. nature, and yt. was the Province of Ministers, and not Governors. They told me they had made this proposal in pursuance of their Master's maxims, who did all ye good he could to mankind, that they were Masters of ye Sea already, that they expected another Fleet under M. de Chasteau Renault, that they must certainly have an account of ye war three weeks before us, and might use the advantage to surprize us, but they were not willing to ruine a few miserable Planters. I told them whenever they made me a visit, I should not fail to give them a hearty welcome, that we should not think of another neutrality, until we had forgot ye good effects of ye last, and yt. henceforwards the English would take care to meet their enemys with their eyes open and their swords in their hands.
I find myself obliged to goe up to Antigua for a week, but will be ready to come away hither on a minute's warning, upon the notice of any movement in the French Fleet at Martinique. I have received two packets from your Lordships, which I will answer from Antigua. Signed, Chr. Codrington. Endorsed, Recd. 25th, Read July 30, 1701. Holograph. 2¾ pp. Annexed.
516. i. Abstract of preceding. 1 p. [C.O. 152, 4. Nos. 31, 31.i.; and (without abstract) 153, 7. pp. 206–208.]
June 9.
Whitehall.
517. Mr. Secretary Vernon to Council of Trade and Plantations. Referring petition of Lieut. Henry Harris for their consideration and report. Signed, Ja. Vernon. Endorsed, Recd., Read June 13, 1701. 1 p. Enclosed,
517. i. Petition of Lieut. Harris. Duplicate of [No. 503]. 1 p. [C.O. 152, 4. Nos. 32, 32.i.; and 153, 7. pp. 182–184.]
June 9.
Whitehall.
518. Mr. Secretary Vernon to the Council of Trade and Plantations. I have laid before the King your letter of May 26 about stores to be sent to the Leeward Islands, and H.M. would be informed whether you have heard from Col. Codrington what are the particular stores he desires, or whether his Agent is able to give you an account thereof. Signed, Ja. Vernon. Endorsed, Recd. 10th, Read June 13, 1701. 1 p. [C.O. 152, 4. No. 33; and 153, 7. p. 185.]
June 9.
Bermuda.
519. Lieut.-Governor Bennet to the Council of Trade and Plantations. Enclosed is a copy of the Bond given by Mr. Day, and also a petition from his security, concerning which I desire your Lordships' directions. By my Instructions it is directed that all ships shall come to an anchor in Castle Harbour or St. George's Harbour, and not to permit them to unload in any other port or harbour, which if I must continue to oblige them to do, it will be of great inconveniency to the merchant, for they have all storehouses up in the country, and have been permitted to load and unloade att their doors: and to bring their goods in boats to their ships in these harbours, would not only be of extraordinary expense, but great losses might happen by perishable commodities being put on board and the wind continue contrary, when as, if they might load in the country, they would time it when the wind serves and sail immediately, and I doe not apprehend how the King can be injur'd, for all they have to trade with, as the produce of these islands, are onyons, potatoes, cabbages and hatts, etc., made of palmeta leaves, all which they carry into the West Indies. And if your Lordships shall be pleased to consider it and incline to give liberty in favour of the merchant, the King may be secured from being impos'd on by impowering me to constitute an Officer, who shall be sent for by the marchant before he putts any goods on board, and take an account as he loads and continue on board till the vessel has clear'd. The like method may be taken in ships comeing in by that officer's goeing on board and continuing till she be unladen, and, in case of counterband goods, to have power to seize.
In the 56th paragraph of my Instructions there is only reserv'd to me collateing to benefices, granting lycences for marriages and probates of wills, but I find by the Records here that my predecessors have officiated as Ordinaries and Judges in testamentary matters by granting letters of administration to intestate estates, or where executors renounce, or allowing guardianship; and in Colonel Goddard's time and ever since, a Court has been held under the denomination of a Testamentary Court, and, as I am inform'd, prov'd very usefull by discovering several conceal'd wills, to the reliefe of poor widows and children, and calling persons to account, who had no right to administer, and granted it to those to whom it justly belonged, all which is done att a small expense to the parties; and since this Court has been held I am assured it has prevented many expensive Chancery suits, to which they may referr at last. But before I would presume to act as Ordinary therein, I desire your Lordships' directions.
This day the Assembly mett, and I have reason to believe I shall find them very well inclin'd for the King's service. Signed, B. Bennett. P.S.—Planting of Tobacco is much left off here, for want of a market to bring it to. Endorsed, Recd. 23rd, Read July 24, 1701. 4 pp. Annexed,
519. i. Abstract of preceding. ¾ p.
519. ii. Copy of Mr. Day's Bond, with three Sureties, to Mr. Mears to abide by H.M. determination upon his proceedings relating to the Dolphin sloop. Signed, Sam. Day, Wm. Seymor, Zachariah Briggs, Gilbert Nelson. Same endorsement. ¾ p.
519. iii. Copy of petition from Mr. Day's sureties praying leave to secure Mr. Day and to cancel their bond. Signed, Gilbert Nelson, Wm. Seymor, Zach. Briggs. Same endorsement. 1 p. [C.O. 37, 3. Nos. 58, 58.i.–iii.; and (without enclosures or abstract) 38, 5. pp. 168–172.]
June 9.
Whitehall.
520. Mr. Secretary Vernon to the Council of Trade and Plantations. The King sends you enclosed petition for your opinion. Signed, Ja. Vernon. Endorsed, Recd. Read June 11, 1701. 1 p. Enclosed,
520. i. Petition of William Bladen, Clerk of H.M. Council in Maryland, to the King, praying for the office of Secretary of Maryland. Signed, William Bladen. 1 p. [C.O. 5, 715. Nos. 41, 41.i.; and 5, 726. pp. 72–74.]
June 9.
New York.
521. Lieut.-Governor Nanfan to the Council of Trade and Plantations. Refers to his letter of May 20. H.M. letter of Jan. 10, with the inclosed quota of men to be provided by the Plantations, I have signified, as directed, to the Governor of East and West Jersey, and that of Feb. 2 I shall very punctually observe, and H.M. other letters to the neighbouring Governors I have sent forward. Mr. Weaver informs me that my Lord Bellomont before he dyed answered your observations on the Acts of Assembly. Our Five Nations are at present in good disposition, and in order to confirme them in their obedience to H.M. and friendship to this and the neighbouring Plantations, I have appointed them to meet me at Albany the first week in July, where I designe to give them a proportion of the present H.M. sent over. I design with me (tho' he is now at Boston) Col. Romer, to whome I have wrote, as also to Lieut.-Governor Stoughton, the necessity of his going, when with him I will particularly view all our fortifications, as well as conclude on what else shall be necessary and make report to your Lordships. A cautionary Memorandum is entered in the Council Book, as directed, in case of death, absence or removal of a Governor. I shall, with great exactness, observe your Lordships' caution as to the reconcileing of differences in this Province, which undoubtedly have given your Lordships much trouble. I will always endeavour to administer justice impartially, nor shall anything weigh with me but vertue and true meritt. On perusal of the Minutes of Assembly here, who mett between my Lord Bellomont's death and my returne, I found so great heats and animosities in the House of Representatives between the two different parties, in relation to the legality or illegality of their Sessions, etc., that I could never hope any step could be made either towards the King's service or the service of this Province, by disposing them to a unanimous concurrence, so that upon several mature considerations, I thought it absolutely necessary for the King's service to desolve them, and accordingly did desolve them the 1st inst., and immediately, by the advice and consent of H.M. Council here, ordered writs to issue for the calling a new Assembly to meet the first Tuesday in Aug. next, which will be immediately on my return from Albany, when I may be able to be apprised of particulars relating to the King's service and the good of the Province in general for their cognizance. Here is a considerable parcell of the timber, plank, etc., my Lord Bellomont ordered to be cut for H.M. service, which to me appears to be very extraordinary, both for goodness and demention, which I shall waite your order for how to dispose of.
Both the officer and soldier are most abundantly thankful to His Majesty for his most gracious bounty in remitting them 20 of the 30 per cent. deducted out of their pay, and most thankfully (sic) to your Lordships for your favourable representation, on receipt of the new Establishment, they ware immediately began to be paid, and as soone as possible I can get in money, which is at present very scarce, the merchants finding spetie their best returns for England, I will take care very man shall be paid his just due from the commencement of the establishment, and I will be accountable for the surplussage persuant to H.M. Instructions. I shall be very watchful of all motions made by the French of Canada towards the debauching of our Indians from their obedience to H.M., and report constantly. The 2,500l. H.M. is pleased to give toward the fortification of the forts of Albany and Schenectedah shall be no wayes misapplyed, and your Lordships shall have draughts of either taken by Colonel Romer, with the forme and improvements he will design to add. I cannot give you any particulars relating to the situation or form of the Fort designed at Onondage, till have discoursed Colonel Romer, but the money given by a tax here for the building of that Fort is most part received by the Collectors, and I have ordered an account thereof to be immediately laid before me, in order to the hastning the receipt of the whole summe. I will if possible procure an accurate map of our neighbouring Indian countrys, as you direct. Your Lordships shall on my returne from Albany have a perfect state of the defence of this Province. I shall make it my particular business to enquire into and improve H.M. Revenue, both by incouragement to trade and care that all several officers imployed behave themselves as they ought in their several stations. The Commission for trying Pirates is received. I have ordered the Court of Chancery to be held, commencing the first Thursday in August next, and so monthly. On Thursday arrived Captain Lee with stores from the Office of Ordinance, but no letters from your Lordships. I doubt but my Lord Bellomont before he dyed represented to you the hardships the soldiers of the two detachments sent us for recruits lye under for want of clothes, they at present scarce having anything to cover them, and as I understand from Mr. Champante's letter of March last, there was then no off reckonings received, I most humbly pray your Lordships to take their necessitys under your serious consideration, so that they may be clothed before the cold weather, or otherwise 'twill be impossible for them to survive. I have ordered Mr. Champante to make his applications to you on this subject, it being so material for the King's service. Between my Lord's death and my arrival several of the soldiers have deserted, but I am in great hopes of retrieving them all by a Proclamation of pardon I issued to all shall return before the first of July next, with a reward to all shall take up any that doe not returne within that time, which I have taken care to disperse round the neighbouring Governments, and have heard that most of them design to embrace this benefit and return to their duty. I sent an inventory of the Magazin, etc., within Fort William Henry, and at my returne from Albany your Lordship shall have a particular of what's there, etc. A duplicate I send to Mr. Secretary Vernon, which I will annually do in obedience to H.M. Instruction. I shall observe your Lordships' method in transmitting Acts of Assembly. Signed, John Nanfan. Endorsed, Recd. July 28, Read Aug. 6, 1701. 4¾ large pp. Enclosed,
521. i. Abstract of preceding. 1¾ pp.
521. ii. Inventory of Stores in Fort William Henry. Signed, Wolfgang Willm. Romer, Peter Mathews. John Riggs, Charles Ashfield. Endorsed, Recd. July 28, 1701. Copy. 6½ pp.
521. iii. Memorandum of Minutes of Council of New York, Oct.–Dec., 1700. ¼ p.
521. iv. Memorandum of Minutes of Council of New York, Jan.–March, 1701. ¼ p. [C.O. 5, 1046. Nos. 20, 20. i.–iv.; and (without enclosures) 5, 1118. pp 389–397.]
June 9. 522. Minutes of Council in Assembly of the Massachusetts Bay. Bill for review in Civil Causes was read a first time.
An Order by the Representatives was read and concurred with and received the Lieut.-Governor's consent: -reviving and continuing the Committee to receive claims of debts contracted by the Publick during the time of the government of Sir Edmund Andros for three months, after which time no such claims shall be received, which the Committee are to signify by advertizements sent to ye several towns. The Committee to be impowered to grant Debentures upon such claims as upon previous ones.
An Order by the Representatives was read and concurred with and received the Lieut.-Governor's consent:—that, for a full settlement of the difference among the inhabitants of Situate respecting the support of the Ministry in the two Congregations, the Brook commonly called Millbrook or First Herring Brook be the dividing line of the town, etc., etc.
June 10. John Phillips, Penn Townsend and Nathaniel Byfield, anew elected Assistants, took the oaths, etc., appointed. They and John Nelson, the Commissoners employed on a negotiation with the Eastern Indians, presented to His Honour and the Board a Memorial of their negotiation, which was read and sent down.
Bill for review in Civil Causes was read a second time and committed.
Bill for further continuing of several Acts near expiring, sent up, was read a first and second time, and a clause in addition to the Act for levying souldiers being added thereto, a concurrence passed with the Representatives that the said Bill be ingrossed.
Petition of Capt. Thomas Browne, praying compensation for the loss of his horse in pursuit of ye Indian enemy, 1697, sent up by the Representatives, with their resolve that he be paid 5l., was read and concurred with.
Accompt of Caleb Ray, late Keeper of H.M. gaol in Boston, ordered to be paid.
June 11. Wait Winthrop, anew elected Assistant, took the oaths, etc., appointed.
Bill prescribing the form of a writ for possession, sent up, was read and passed, and received H.E.'s consent.
The Agents of the Towns of Dedham and Natick were heard before the whole Court as to their boundaries.
Resolve of the Representatives, upon the petition of Thomas Drury, David Rice and other farmers adjacent to Sudbury lately laid to Framingham, was sent up and concurred with, appointing a Committee to go upon the place and settle the lines between Sherborne and Framingham according to the Order of the Court, May, 1700, also having regard to all former grants relating thereto, and to make reports of their doings to the present Session.
The following Resolve was sent down to the Representatives and returned with their concurrence:—that the Committee for regulating the Plantation of Brookfield take order that there be an exact plott made by a sworne Surveyor of eight miles square with the description of certain lines for boundaries and the quality of the land, to be laid before the Court at their next Session, in order to the ascertaining the grant of the said Plantation. [C.O. 5, 788. pp. 271–275.]
June 9. 523. Minutes of Council of Virginia. H.E. laid before the Council H.M. Letter of Dec. 30, 1700, appointing Dr. James Blair a Member of Council. He was sworn a Member, accordingly.
Captain Edward Nevil, Commander of H.M.S. Lycoln [sic], his Orders and Instructions from the Admiralty read and ordered to be recorded.
June 10. H.E. laid before the Council H.M. letter of Feb. 2, which was ordered to be recorded and the Commission for the trial of pirates and accessories, etc., ordered to be sent to the Governors of South and North Carolina.
Upon reading the Instructions from the Admiralty to Capt. Passinger, and Secretary Burchett's letter, Jan. 24, 1701, concerning H.M.S. Southampton coming hither to relieve the Shoreham, and the Southampton being not yet arrived, H.E. and Council proposed to Capt. Passinger whither he can undertake to convoy the merchant-ships now outward bound for England. He replied in writing, desiring to consult his original orders and Mr. Burchett's Letter, and to take the opinion of his officers. H.E. and Council not knowing but the Southampton may speedily arrive here, conceive it proper that the embargo be continued until the 20th June to the end that if the Southampton then arrives, the merchant ships may sail under the convoy of the Shoreham, but if not, that they may for their better safety go out in one entire fleet, at which time also Captain Nevil, H.M.S. Lyncolne, will have recruited with wood and water, and hath promised to convoy this fleet to the utmost of his cruizing coast. It being proposed to the Council by H.E. whether it be proper and convenient that the Clerk of any County Court should at ye same time also be Surveyor of ye same County, the Council are wholly of opinion that it is altogether improper, inconvenient and inconsistent with ye rules of Law that they should hold both places at one and ye same time.
What is written by Sir Tho. Frankland to H.E. concerning ye Post and conveying all letters, and also yt. pt. of Col. Hamilton's letter relating to ye same subject, referred to the Committee appointed to revise the Laws.
Upon reading the petition of the aforesaid Committee, that since the death of Mr. Fowler, they have made it their care to provide another person to supply his place, and not finding any duly qualified, pray for H.E.'s assistance, H.E. with advice of the Council, and not knowing of any person capable to undertake that place, it is thought proper that, notwithstanding such impediment, they proceed with what expedition they can, and if it is longer in doing, a favourable construction may thereof be given.
Proclamation ordered to be prepared prorogueing the Assembly to Aug. 6, and to lie ready in the Office until it may be seen what further offers for H.M. service, and then to be issued forth as [to] H.E. seemes fitt.
It being certaine that there will be but few shipps to go out of this country after ye sailing of this fleet, and none of ym. of any force, it is considered by this Board that to keep them here may be much to their prejudice, therefore ordered that the restraint laid upon Collectors and Naval Officers not to clear any ships after June 12 be taken off.
Order that the Clerk of the Council send to the Collectors and Naval Officers a copie of that part of Capt. Nevill's Instructions relating to his saleing and return to England, yt. they may communicate ye same to ye Masters of Ships trading in the River, that if they think good, they may stay till yt. time and take convoy under him.
The Hon. Wm. Byrd, Esq., laid before the Board a report in writing, dated May 10, 11, 1701, setting forth ye state and condition of the French Refugees at Mannikin Town.
Complaints being made in behalf of the Nanzemond Indians, yt. two men of their Nation are forceably taken away by ye Pomonkey Indians and in like manner detained, H.E. and Council, desiring that peace and amity may be maintained amongst all our neighbouring Indians, ordered that the Interpreters of ye Pomunkey Indians do forthwith cause ye aforesaid Indians to be surrendered and sent to their own Nation, ye Nansemond Indians.
Information being made to ye Council Board yt. notwithstanding the embargo several ships from Maryland do daily go out of ye Capes in open view in prosecution of their intended voyage, and never come into ye mouth of James River to joyne with the fleet or take convoy, with which the masters here are much dissatisfied, yt. ymselfes should be forced to stay, whilst others take all oppertunities to speed away, the Council, conceiving this may be very prejudicial to H.M. service and interest, and to the common safety intended by ye embargo, because if any of ym. should chance to be taken, they may discover the measures here taken, and thereby much prejudice the fleet, represent the same to H.E. and desire that he will represent the whole matter to Governor Blackiston.
June 11. The Hon. Ed. Jenings presented to the Council an abstract of ye method of proceedings in the Courts, as ordered to be drawn March 9th. This was read and approved.
Several proposals and representations to the Council of Trade and Plantations being drawn up pursuant to the Order of Council April 25 last, laying down several reasons for augmenting the yearly salary to be allowed to H.M. Attorny General and ye Clerk of ye Council, were read and signed by H.E. and the Council.
Upon reading several letters from New York and other Northern parts, intimating certain distractions in those parts ariseing amongst them upon the death of the Earl of Bellamount, this Board conceiving that yt. ye same may, if not timely prevented, tend much to the prejudice of H.M. interest in those parts, proposed that some fitt person of sound judgment, known ability and integrity be sought out to go out into those parts, privately to inquire and find out ye state of affaires theire, and to communicate the same to H.E.
Upon consideration of the lands in ye Maine called Governor's Land, ordered that ye Records of James City County be searched, and if they find any person seated upon ye said lands, who have not caused their lease to be put upon record, that ye Sherrif of James City County immediately order every such person to put his lease upon record, to ye end it may be known how and in what manner, and under what rents and services ty. hold the same. Further ordered that the Clerk of the Council desire the executor of Mr. Jno. Soane, late Surveyor of James City County, to search his papers for a general survey of ye said lands and to send the same to H.E. Ordered that the Clerk of the General Court and the Clerk of James City County Court take an account of the several leases in each of the said Offices, concerning the same lands, and draw a scheme thereof.
The Hon. William Byrd presented his report (pursuant to an Order of Council July 10, 1700), concerning the boundaries of North Carolina. "In obedience to H.E. command in Council for executing H.M. rights on ye bounds between Virginia and North Carolina, I have given directions to ye Sherrifs of ye respective counties bordering on Carolina, strictly and carefully to collect H.M. Quit-rents for all the lands yt. were ever held of this Government, and in case of opposition or denial, forthwith to give notice to H.M. Attorney General, yt. such persons may be prosecuted."
An account of the whole proceedings concerning the State of Defence of Virginia as represented to the Council of Trade and Plantations. May 8, 1701. Quoted in full with repetition of proceedings in that matter in 1699. Pp. 107–113. [C.O. 5, 1409. pp. 103–113.]
June 9. 524. Minutes of Council in Assembly of Bermuda. A clause from H.M. Instructions to the Governor about settling the quitrents was read, and the Council advised that by the grant of King James I, these Islands were granted to be holden as of the Mannor of East Greenwich in free and common soccage and not in capite, and therefore they cannot advise any quit-ren for the same.
Edward Jones, Provost Marshall, allowed one fortnight to make his answer to the petition of Mrs. Jane Milbourne.
Commissions issued according to Order in Council, Dec. 21, 1699.
The Assembly attending announced that they had elected John Brooke to be their Speaker, and took the oaths appointed.
June 11. The Lieutenants and Ensigns signed the Association. The Field Officers and Captains appeared with their Commissions and were appointed their Stations, viz., Colonel Anthony White, Lieut.-Col. William Tucker, Major John Trimingham, Captains Seymour, Morris, Penniston, Dorrell, Gilbert, Smith, Keele and White, Captains in this order of seniority.
June 12. A Committee of the Assembly returned their votes about the Castle.
Zachariah Briggs paid 6l. for pilotage of H.M. frigate Lincoln, but this not to be regarded as a precedent. [C.O. 40, 2. pp. 37,38.]
June 9. 525. Journal of Assembly of Bermuda. The Assembly: John Brook, Speaker. St. George's: Capt. George Dew, Capt. Daniell Johnson, Lieut. Daniell Tucker, Capt. Samuel Stone. Hamilton Tribe: Lieut. Col. William Outerbridge, Capt. John Peasley, Lieut. William Stone, Malachy Hall. Smith's Tribe: John Dickinson, Tho. Smith, Senr., Daniell Scrogham, John Gilbert. Devon Tribe: Samuel Sherlock, Capt. Richard Gilbert, William Combar, Tho. Mynott. Pembroke Tribe: Richard Hanger, Samuel Saltus, Adaman Eve [sic], Nathaniel Waterman. Pagets Tribe: Major John Trimingham, Lieut. Peter Prudden, Benjamin Thornton. Warwick Tribe: Capt. Thomas Gilbert, Henry Tucker, William Harvey, Michael Taylor. Southampton Tribe: Capt. George Darrell, John Jennings, William Lecroft, Thomas Gibbs. Sandys Tribe: Jonathan Birch, Jerimiah Birch, Daniel Hinson, Joseph Appleby.
Capt. John Peasley was appointed Treasurer.
Mr. John Kendall was desired to preach a sermon on the ensuinge day. (And see preceding abstract under date.)
June 10. Mr. Thomas Gibbs was granted leave to go out a voyage to sea. John Kidgell was sworn Clerk of the Assembly, and Thomas Bostock was appointed his assistant.
Committee of Grievances appointed to hear and examine all grievances and other matters relating to the public.
The Assembly attended the Governor and Council in the Sessions House. H.E. made and delivered the following speech in writing to Mr. Speaker:—The King our Master's Commission and Instructions obliged me to call you together and to lay before you for your considerations:—(1) That the Castle, Forts and Platforms be repaired, the necessity of which I hope will meet with no opposition, especially since we have so many reasons to apprehend a warr. (2) That a duty of 1 penny per lb. be settled on all tobacco exported, but so as H.M. may lessen it to what proportion shall from time to time be thought fitt, and that no person be permitted to lade any tobacco on any ship before security be given for payment of H.M. Customs. (3) That the Prison and other public houses be repaired, and that a sufficient levy be settled for the defraying the charge thereof and what else shall be done for the safety and interest of these islands. (4) That each Planter shall keep such a number of white servants as shall be by you thought convenient, and that they appear in arms, at such times as shall be required. (5) That an Act be passed for the strict observance of the table of marriages. (6) That all inhuman severities of Masters of Overseers towards their Christian slaves may be restrained, and that a way may be presented to facilitate and encourage the conversion of negroes and other slaves to the Christian Religion. (7) That the raising of stocks and building public work houses for the poor would be convenient. (8) That a moderate quit-rent be settled for the lands enjoyed by the inhabitants.
The Governor recommended these matters to the Assembly; desiring them to lay aside all animosities of parties and unanimously resolve to consider what may most conduce to the King's interest and the public good. The House returned their thanks. Voted, that the Castle forts and platforms be faithfully repaired.
June 11. The Assembly replied to the Governor's speech. (1) The repairing of the Castle was resolved. (2) This is provided for by 25 Charles II., but the produce of tobacco in these islands is at present so small that a very small Custom ariseth, and smaller profit to the Planter. (3) Resolved that the prison be repaired according to former custom. (4 and 5) We have no Christian slaves transported hither, and therefore have no want of such a Law. As to our slaves' conversion, the proper means is not denied them, and they generally resort to the publick places of worship. As to quit-rents (8) never any have been paid since the first settlement of these islands, but for defraying the contingent charges of the Government care hath been taken to raise moneys from time to time by other methods, particularly, at the last Sessions of Assembly under Governor Day, a considerable imposition was settled upon liquors, to continue for two years, but the Clerk having by a great oversight left out a whole paragraph in entering the Act in the Book of Records, Governor Day most dishonourably endeavoured to make advantage thereof, and most unjustly extorted several sums of money from several persons as a duty, after the said Act was really determined. We are confident your Excellency and Council will agree with the votes of this [? House], that the said Act is determined, and the mistake of a Clerk cannot make that Act indefinite. Therefore we most humbly desire that it be published and declared to be determined, and your Excellency shall find that we shall take effectual care for the support of the Government and for all other things to the utmost of our abilities that may in any manner conduce to the service of H.M., etc.
A Committee was appointed to inspect the Castle and Forts.
Thanks of the House and eight pieces of eight presented to Mr. Kendall for his sermon.
The Committee of Grievances reported that two of the King's slaves were sent off these Islands by Samuel Day, and they were of opinion that he should return or refund for the same. Other cases, of slaves seized by Mr. Day and sold by him, referred to.
Several offices, as Provost Marshall and Secretary, being enjoyed by sundry persons, they recommended that every such person enjoying any of the said offices should be obliged to give in sufficient security for their faithful performance of their said office.
June 12. The Representation of the Committee of Grievances as to Mr. Day's conduct referred to H.E. and Council. Ordered that restitution be made by him as the Governor and Council shall direct. Voted that barrocks [sic] with chimneys be built in each Fort. Committees appointed to inspect the Forts. [C.O. 40, 2. pp. 243–251.]
June 10. 526. Mr. Secretary Vernon to the Council of Trade and Plantations. The King refers enclosed petition for your opinion. Signed, Ja. Vernon. Endorsed, Recd. Read June 11, 1701. 1 p. Enclosed,
526. i. Petition of Sir Thomas Laurence, Bart., to the King. Petitioner some years since suffered great hardship as Secretary of Maryland under Governor Copley, in the execution of the said office, and was at great charge in settling the rights of it against the oppressions of Col. Copley and the opposition of Lord Baltimore. In 1698 returning very ill to England, your Majesty conferred the said office on Thomas Laurence, his son, who has lately died in Maryland, and great arrears of the fees of the said office being due not only to his son but to himself, petitioner prays that the office of Secretary of Maryland may be once more conferred on himself. Signed, Thomas Laurence. 1 p. [C.O. 5, 715. Nos. 42, 42.i.; and 5, 726. pp. 74–76]
June 10. 527. Minutes of Council and Assembly of New Hampshire. James Davis and Timothy Hilliard sworn Members of the Assembly.
Richard Jose, Sheriff of this Province, produced a Commission signed by Lord Bellomont, Aug. 1, 1699, to execute said office till Sept. 29, 1700. He complained that this Commission was falsely recorded by the late Secretary, Mr. Samson Sheafe, and was so found to be. Present Secretary ordered to record the original anew. [C.O. 5, 789. p. 25.]
June 10.
Boston.
528. Minutes of Council of the Massachusetts Bay. Ordered that the appeal of John Greenleafe, of Boston, be heard before this Board on June 19. [C.O. 5, 788. pp. 60, 61.]