America and West Indies
July 1701, 21-25

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Institute of Historical Research

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Cecil Headlam (editor)

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1910

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369-378

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'America and West Indies: July 1701, 21-25', Calendar of State Papers Colonial, America and West Indies, Volume 19: 1701 (1910), pp. 369-378. URL: http://www.british-history.ac.uk/report.aspx?compid=71562 Date accessed: 22 October 2014.


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Contents

July 1701

July. 21.657. Journal of Assembly of Bermuda. Two members of the House were granted leave to depart.
July. 22.The Committee of Grievances brought into the House the following report, with the attestations proving the same; which was ordered to be transcribed in order to be presented to the Governor in Council:—For the redress of great evils and mischiefs, and of the chief cause thereof, which these Islands have for a considerable time suffered, both under ye Government of John Goddard and also the late Governor, Samuel Day, and to the great dishonour [sic] of His Majesty and the good and welfare of H.M. subjects, the Members of this Assembly do by this Bill shew and declare against Gilbert Nelson, late Chief Judge and Justice of all or most Courts, and one of the Council in these Islands, the following misdemeanours, crimes and offences:—(1) He endeavoured to alter and overthrow the fundamental constitutions of the Government by publicly asserting that the Governor may make a decree in Chancery, not only without, but against the advice and consent of the Council. (2) Expressly contrary to Magna Charta and other the fundamental Laws, he did assume to himself a power (when a Magistrate in these Islands) to fine and imprison the King's subjects without trial by jury. (3) When a Judge, he was frequently guilty of bribery, and particularly in the cases of Robert White, Lewis Johnson, George Tucker, etc. (4) He did frequently advise in law suits that were to come before him as a Judge and Councellor, expressly contrary to the oath of a Judge or Justice. (5) He hath sent his warrants for several persons to be brought before him, who have been immediately sent to prison, without any examination or proof of a crime committed by them. (6) He hath frequently sent out his warrants for several of H.M. good subjects for pretended crimes, etc., and hath committed them to prison, where they have been detained a considerable time, to their great charge and damage, and who have been bound over purely to vex and molest them; for whenever they have come to trial, they have constantly been acquitted, or that the prosecution hath ceased, for want of matter against them. (7) He hath obliged Mr. John Dickinson to pay unreasonable fees for several of his warrants, which never have been served on him. (8) He hath very often bound to the[ir] good behaviour several of the principal inhabitants, without any just cause. (9) He hath imposed unreasonable securities, particularly in the case of Col. Anthony White, who could not be bailed from his imprisonment except Mr. Charles Walker and Mr. John Dickinson be his sureties, when at the same time several of the principal estated men offered themselves, but were refused. Dickinson's name was already entered in the Secretary's Office in order to publishing his being bound out of these Islands to England, and not being willing to see his father-in-law, Col. White, lie in prison, chose rather to put by his voyage, and was bail. (10) After Mr. Randolph was bailed out of prison, Nelson immediately committed him to prison again for the same fact. (11) When Mr. Randolph was brought to his trial at the Quarter Sessions, where Nelson sat as Chief upon the Bench, and the Bill exhibited against Randolph was found by the Grand Inquest, whereupon Randolph desired a copy of the indictment and time to travarse the matter he stood charged with, he having been about nine weeks before closely confined and consequently not fitted for his defence, but notwithstanding most of the Justices upon the Bench were willing to allow thereof, the Judge Nelson together with Governor Day over-ruled the Court, and compelled him to trial, and would not suffer him, nor any other person, to speak or produce any papers in his behalf, and threatened to lay Mr. Spofferth by the heels for offering to speak for the said Randolph. (12) Nelson hath sent for and imprisoned (without any examination) several persons for their complaining to the Governor, and charging him, Nelson, with bribery, which they were ready to prove against him. (13) He hath sent for and imprisoned Mr. Saml. Spofferth for some pretended matters, and also denyed to take bayle, though tendered, except he would first acknowledge himself guilty of what he charged him with.
The General Assembly pray his Excellency in Council to order Gilbert Nelson to be taken into custody in order to his trial, and that he be declared and entered upon record as a person absolutely unfit ever hereafter to bear any office or to plead in any Court whatsoever in these Islands, or ever be admitted as an evidence, unless he can fairly discharge himself of the said crimes.
An Act, to prevent the evading of payment of just debts and satisfaction of damages, ordered to be engrossed and sent up.
Act for a present to H.E. passed.
July 23.The Committee of Grievances reported that the ground whereon stands the House commonly called Mr. Day's house was never put to any other use than purely for the use and service of succeeding Governors. The House voted that this plot is the possession of the King, and cannot be alienated without the joint concurrence of the Lieut.-Governor and Assembly by an Act of Assembly. This vote sent up, with a prayer that an order be made for the immediate vesting of the Lieut.-Governor in the actual possession of the said House and ground to the use of H.M. [C.O. 40, 2. pp. 266–274.]
July. 22.658. Minutes of Council of Bermuda. An Address from the Assembly to make a present to H.E. and Lady. Ordered that the accounts of Edward Jones be produced, and copies thereof were produced and read, but this board esteeming them too general ordered that Jones do forthwith render unto this Board a true and particular rental of all publick rents received as Provost Marshal as to the tenants, quantity of land and what rent paid for each particular holding, an account of the soldiers guarding at the Castle and Forts, what they receive and when entered into pay; of what each Justice of the Peace at every respective Quarter Sessions receive; what fines and a particular account of all receipts and disbursements since the said Jones had been Provost Marshall, all in writing fairly entered. Mr. Jones was served with this order, and replied that it was of great difficulty for him so to do.
A Message was sent to Col. Day, who promised to wait on H.E. to-morrow.
July 23.Col. Day returned an account of duty to be paid (entered).
An Act to prevent the evading of just debts, was passed and ordered to be published.
July 24.On reading the vote of Assembly and the report of the Committee of Grievances, and the several depositions about the ground whereon Col. Day's house in St. George is built and standing, ordered that all care shall be taken for a due and regular prosecution in this matter. The accusation and impeachment of the General Assembly against Gilbert Nelson, late the Chief Judge and Justice of these Islands, was read.
July 25.The Committee of Assembly moved for leave to adjourn the House till September 2.
Attorney General ordered to make prosecution for trial of H.M. title to the House lately erected by Samuel Day on H.M. ground in St. George's. [C.O. 40, 2. pp. 40, 41.]
July. 22.659. Extract of an Act lately past in Carolina, relating to the currency and rate of several coines there. Endorsed, Delivered to the Board by Mr. Micajah Perry. Recd. Read July 22, 1701. 2 pp. [C.O. 5, 1261. No. 12.]
July. 22.
Whitehall.
660. William Popple to Mr. Thornburgh. Complaint having been made to the Council of Trade and Plantations that by a late Act passed in Carolina for heightning of the coin there, those that have debts standing out in that country are absolutely defrauded of 30 per cent. of their dues, their Lordships have commanded me to send you this enclosed extract of the said Act, which has been laid before them, that you may knowe what the Lords Proprietors of Carolina have to say upon it, and accordingly acquaint me therewith, for the information of this Board. [C.O. 5, 1289. pp. 130, 131.]
July. 22.
Whitehall.
661. Council of Trade and Plantations to Governor Nicholson. The irregularities and misdemeanours that have been long practised in H.M. Plantations under Propriety and Charter Governments, to the prejudice of Trade and of other Plantations under Governors appointed by H.M. immediate Commission, as likewise to the prejudice of H.M. Revenue arising from the Customes here, and the small effect we have found of our applications to the respective Governours of those Proprietory Plantations for the redressing such matters, having obliged us the last winter to represent the same to H.M., and it having been thereupon thought that the remedy of those evils is not any other way so well attainable as by the Legislative Power of this Kingdom, a Bill was accordingly brought into the House of Lords for re-uniting the Government of those Plantations to the Crown, and putting them into the same state and dependency as H.M other Plantations aforementioned, without prejudice to any man's particular property and freehold. But that Bill, by reason of the shortness of time and multiplicity of other business not having passed into an Act, and it being very probable that the same matter may again come under consideration the next Session of Parliament, we have thought fit to desire, and do accordingly hereby desire and direct you to get the best information you can relating to the conduct of Proprietory Governors and Governments upon the several heads of observations that have been made of their undue proceedings, whereof we send you a copy here inclosed, and upon such other heads as you judge proper to give a true light into the state of those Plantations (more especially in relation to Carolina and the Bahama Islands) and to transmit unto us the most authentick and most particular proofs that you can procure of the truth of those matters, with all possible diligence. Signed, Stamford, Ph. Meadows, Abr. Hill, Mat. Prior. Annexed,
661.i. Observations [by the Council of Trade and Plantations] relating to the Proprietory Governments in America.
The Governors of the Propriety and Charter Governments are generally not qualified by taking the oaths required by law, nor have they H.M. approbation according to the Acts of Trade, and more particularly the late Act for preventing frauds and regulating abuses in the Plantation Trade. They have assumed to themselves a power to make laws contrary and repugnant to the Laws of England, and prejudicial to our Trade. Some of them have refused to send hither such laws as they enact, some neglect to do it, and others have sent their laws but very imperfect. Divers of them have refused appeals to H.M. in Council, by which the inhabitants of those Colonies are deprived of the benefit allowed in the Plantations under H.M. Government, and the parties agrieved are left without remedy from the arbitrary and illegal proceedings of their Courts. Those Proprietory Colonies are the ordinary refuge and retreat of pirates, and illegal traders. By raising and lowering their coin from time to time (as may be for their particular advantage), they prejudice other Colonies in drawing away their money, and likewise draw away their servants and people, and harbour fugitives. They apply themselves to improvement of woollen manufactures and other manufactures and products of England, which they carry directly to foreign parts, and more especially to the Spanish Indies, and they furnish themselves from foreign parts with all sorts of European commodities to the great prejudice of the interest of this kingdom. They do not put themselves in a state of defence by having any regular Militia, arms or ammunition. Some of them are in a state of anarchy and confusion. [C.O. 5, 1360. pp. 86–90.]
July 22.
Whitehall.
662. Council of Trade and Plantations to Governor Blakiston. Similar letter to preceding, with the exception that the Governor is requested in the last paragraph to give information "more especially in relation to Maryland whilst it was under Governours appointed by the Proprietor, and to Pennsylvania and the Jerseys, which lye nearest thereunto." Signed, Stamford, Ph. Meadows, Abr. Hill, Mat. Prior. Annexed,
662. i. Abstract of Representation upon the Proprietary Governments. (See above, 661.i.) [C.O. 5, 726. pp. 86–90.]
July 22.663. Journal of Council of Trade and Plantations. Letters to the Governors of Maryland and Virginia signed. Mr. Lewis Morris attending and being shewn the Petition and Addresses (July 17), acquainted their Lordships that the persons who have signed the same are generally men of the least consideration in those Provinces, and offered, if he might have copies thereof, to return a particular answer to the facts therein mentioned. He said also that, since his coming over, he has discoursed with the Proprietors of East New Jersey, and was to meet with those of West New Jersey, and that he was endeavouring to dispose them to surrender their Governments to the King. Ordered that copies be given him of the foresaid Petition and Address, and that he lay before the Board a Memorial of the State of those Provinces, as soon as he can.
Mr. Micajah Perry presented an Extract of an Act lately past in Carolina. Copy ordered to be sent to Mr. Thornburgh, that he may acquaint the Board what the Lords Proprietors have to say.
Mr. Samuel Nash, together with Capt. Delaval, attending the Board in relation to the project of a Treaty with the Emperor of Morocco, declared his opinion that there is no great dependance to be made upon that Prince's keeping any Treaty longer than he shall find his advantage in it, yet such a Treaty with him may be depended upon as much as with any other Prince in Barbary, and that therefore he thought it adviseable in the present conjuncture to treat. Whereupon the draught being read, a copy of the third article was given him for some particular considerations upon it, and several notes were taken in order to a Representation upon the whole.
July 23.Their Lordships now taking into consideration the names of persons to fill up the Council of New York in the Lord Cornbury's Instructions, and Mr. Champante having intimated that the present Council of New York has desired him to propose to this Board the names of four persons whom they thought fit for that service, he communicated their letter, March 11. And upon consideration of that matter [? resolved] that the name of Col. Romer be in the first place added to those that are in already, and that the remaining vacancies be supplied out of the persons now recommended, if there do not arrise any material objections against them.
A Memorial from Brigadier Selwyn relating to Jamaica read. Directions thereupon given for preparing a Representation upon that part of it which concerns Forts and Stores of War, the remaining part being referr'd to be considered amongst other heads in the draught of his Instructions.
Order of Council, July 17, read.
Mr. Cobb, the Solicitor, desiring to know their Lordships' resolution upon the petition of Mr. Mead for changing his rank in the Council of St. Christopher's, was told that the Board did not intend Mr. Mead any disrespect, but the rank of that Council having been settled by Col. Codrington's Instructions, upon the best Memorials that could be procured when they were prepared, the same cou'd not now be altered.
July 24.Representation upon Brigadier Selwyn's Memorial, relating to fortifications and stores in and for Jamaica, was signed.
Mr. Nash having made his remarks on the 3rd Article of the Treaty with Morocco, directions were given for several alterations and notes to be made upon that project, and a Representation was signed, wherewith to lay the same before their Excellencies, the Lords Justices.
Two Letters from Lieut.-Governor Bennet, May 19 and June 9, read, with papers enclosed. Ordered that a paragraph in the last of those letters be sent to Mr. Sansom, for the opinion of the Commissioners of the Customs.
Mr. Meers at the same time having been informed by his correspondent of Bermuda of the Bond and Petition of Mr. Day's sureties referred to therein, and desiring copies thereof, copies ordered to be given him. [Board of Trade. Journal, 14. pp. 112–120.]
July 22.664. Minutes of Council in Assembly of Jamaica. The writ and return of John Abraham, a member chosen for the parish of St. Ann's in the room of George Joy, who being likewise chosen in, made his election to stand for Vere, was sent to the House. He was sworn accordingly. The Minutes of Assembly were delivered to H.E.
A letter was produced to the Board which was sent from William Grantham, servant to the Messenger of the Assembly, directed for H.M. service to Henry Berry, Marshall at Kingston, wherein was enclosed two copies of the Resolve and Order of the Assembly of the 8th inst. about quartering soldiers, directing to publish it by beat of drum. William Grantham was summoned to attend and made the following deposition—"On July 9 I received from my master, Mr. Edward Daniell, by the hands of Mr. Samuell Adey, three votes of the Assembly. Mr. Adey told me it was my Master's Orders that I should publish one of them by beat of drum at Port Royal, and when I had so done to affix it at the Coffee House at Port Royal, and to dispatch the other two Henry Berry, Martiall at Kingston," etc. Mr. Adey deposed to receiving the letters and message from Mr. Daniell.
July 23.The Assembly desired leave to Inspect the Journal of the Council.
July 24.Before the Council met, H.E. sent a message to the House that if they would appoint a Committee and by them assign what part of the Journal of the Council the House desired to inspect, it should be shewn to them, and they might have a copy if they pleased. [C.O. 140, 6. pp. 385–388.]
July 23.665. Minutes of Council of the Massachusetts Bay. Upon a motion from the Committee for directing the laying out the money granted towards fortifying Castle Island, a warrant was signed to the Sherrifs of Suffolk and Middlesex Counties requiring them in H.M. name from time to time to impress such and so many workmen and materials as the said Committee or any of them shall informe are wanted and necessary for the speedy repairing and making new fortifications on the said Island, the said Committee paying such workmen for their labour, and for such materials what may be the value thereof, according to the usual and accustomed rates and prices here given for the like, or according to any contract made or to be made with them by the Committee.
Memorials referring to the works and fortifications now in hand and making on Castle Island, presented by Col. Romer, was read.
Probate granted on the will of Lieut.-Governor Stoughton, late of Dorchester, to William Tailer, and other the Executors therein named. [C.O. 5, 788. pp. 70, 71.]
July 23.666. Brigadier Selwyn to the Council of Trade and Plantations. (1) For increasing the number of white men, I desire it may be an Instruction strictly to put that Law in execution, which obliges all Planters to keep one white man for every ten negroes. (2) In case of sickness that I be allowed to go to the Northern Plantations without staying to write home for leave. (3) Whereas one Sir James Castile, a Papist and a Spaniard, is possessed of a Fort situated upon an important pass in Jamaica, I desire it may be an Instruction either to garrison, or demolish it. (4) Whereas the present fortifications are neither sufficient or in repair, it will be absolutely necessary to erect new (which may be done at the charge of the Island) I desire two of H.M. Engineers may be ordered for that service, and that Capt. Lilly may be one of them, he having been twice in that country, and has made a good map of the Island and plans of forts in the most necessary places. (5) Whereas I am well informed that the Militia are ill armed, I desire 2,000 muskets, and carbines for 400 horse, with two gunsmiths to mend their arms, which may be otherwise useless, with a sufficient quantity of powder, ball, flints and what else may be thought necessary by the Board of Ordnance. (6) It will be absolutely necessary for the preservation of the soldiers' lives, in case of an invasion, to have one tent for every four men, not only for the troops that shall be sent, but also for the Militia, both horse and foot, and for want of tents ready made (cloth being allowed) care shall be taken for the making them. (7) A small train of Artillery, at least twelve field pieces, with gunners and all other appurtenances, is absolutely necessary. (8) It is humbly recommended to your Lordships' care to move H.E. to make draughts for recruits, as often as it shall be necessary, which I will not fail to represent with all other things for H.M. service. Signed, W. Selwyn. Endorsed, Recd. July 23, 1701. 1¼ pp. [C.O. 137, 5. No. 41; and 138, 10. pp. 234–236.]
July 24.
Whitehall.
667. Council of Trade and Plantations to the Lords Justices. Laying before them an extract, relating to stores of war and fortifications of Jamaica, from preceding Memorial, "Whereupon we humbly represent that tho' the inhabitants of Jamaica are able in good measure to provide for their own defence, and have several times raised sums of money towards the charge thereof, yet in the present conjuncture and upon the sending over a new Governor to reside amongst them, we humbly conceive it may be for H.M. service that some assistance be also sent them from hence. We are of opinion that small arms are what they least want, their Act for settling the Militia requiring them to be constantly provided therewith; if there have been any neglect therein, it may be a proper Instruction to Brigadier Selwyn to take care that it be better executed hereafter. The field-pieces desired by him, together with gunners and other appurtenances, may be very useful, and tents, in case of an invasion, very necessary. The gunsmiths desired seem absolutely necessary. One Engineer at least may be needful in the erecting of fortifications requisite in several places, in relation whereunto we represented to H.M. a state of that Island, January 25 last, and therein offered some proposals made to us by Capt. Lilly, whom Brigadier Selwyn now desires may be sent thither, and who is already well acquainted with the place. Some supply of powder, ball, flints, and what else may be thought necessary by the Board of Ordnance will be acceptable, and an encouragement to the inhabitants to exert themselves more vigorously in their own defence, but we have not any measure whereby to judge of the proportion of these or other stores requisite in the present conjuncture. Signed, Stamford, Ph. Meadows, Abr. Hill, Mat. Prior. [C.O. 138, 10. pp. 237–240.]
July 24.
Whitehall.
668. William Popple to John Sansom. Enclosing extract from Capt. Bennet's Letter (June 9), relating to matters proper for the cognizance of the Commissioners of H.M. Customs, and enjoining what they think fit to be done thereupon. [C.O. 38, 5. pp. 172, 173.]
July 24.669. Edward Randolph to the Council of Trade and Plantations. States case of the seizure of the Hopewell in New Hampshire (See Cal. 1699. No. 894. xvii. etc.). Sampson Sheafe, the Deputy Collector, brought several informations, one against goods brought by her from Jersey, they being of the manufacture thereof, and not laden in England, and another against the dying wood and elephant's teeth, brought from Fyal, and not from the place of their growth, and he retained Charles Story, the King's Attorney there, in the said cause. Storey afterwards refused to proceed against the said vessel and goods, unless Sheafe would give him 20l., saying he could have so much on the other side. Whereupon Sheafe was forced to send as far as Boston for an Attorney, which cost him 12l. When the trial came on, upon the first information, which had been filed in a former Court, but that Court discontinued or adjourned by Order of the Government, the said Information was objected against because of the date of it and stile or title given to the Court, which the Deputy Collector prayed leave to amend, as was usual in such cases, but the Court refused to allow thereof, and dismissed the cause. The Deputy Collector drew up another information of the same tenor, but altered the date and title of the Court, but the Court dismissed that also, because the same had been brought into Court before, with a wrong date and title to the Court, and so finally would not admit of any trial.
To the other information against the dying wood and Elephant's teeth, the Jury found for the Defendant, whereupon the Deputy Collector demanded an appeal to H.M. in Council, and the Court ordered him to give in security to the value of 1,500l., which he promised to do in four or five daies time, and which time the Court allowed him, but within that time took the advantage of his absence in Court, and made the said Appeal null and void, and gave judgment for unreasonable costs against him, and ordered the redelivery of the said vessel and goods, and until he complied, imprisoned him, not allowing him lodging or fire in an extreme cold season. It's humbly hoped this Officer will have redress for those wrongs, and that Col. Dudley may have directions to inquire into and report this matter to your Lordships. Signed, E. Randolph. Endorsed, Recd. July 26, Read August 13, 1701. 1½ pp. [C.O. 5, 862. No. 71; and 5, 909. pp. 456–459.]
July 24.
Custom
House,
London.
670. Richard Savage to William Popple. Yours of the 11th instant to Mr. Sansom I laid before the Commissioners of Customs. They have perused the last corrected draught of Instructions prepared for the Governor of Bermuda and doe not see cause to alter any part thereof with respect to any Law past since that time, but have now prepared the inclosed Articles, which, upon perusal of Mr. Randolph's papers and discourse with him, they conceive proper to be added to the draught of Instructions now under consideration for the Governor appointed for New York, the Massachusetts Bay and New Hampshire. Signed, Richd. Savage. Endorsed, Recd. July 26, Read 30, 1701. Addressed. 1 p. Enclosed,
670. i. Clauses proposed to the Commissioners of Customs to be added to the Instructions to Governors relating to Trade, referred to above. 2½ pp.
670. ii. Copy of a Clause of an Act of Parliament referred to in preceding. 1¼ pp. [Board of Trade. Plantations General, 5. Nos. 100, 100.i., ii.; and 36. pp. 10–177.]
July 24.671. Edward Randolph to the Council of Trade and Plantations. Draught of a letter of directions proposed by him to be given to him by the Board. Signed, Ed. Randoph. Endorsed, Recd. July 26, Read 30, 1701. 1 p. [Board of Trade. Plantations General, 5. No. 101.]
July 24.672. Journal of Assembly of Bermuda. Joint Committee appointed to confer upon the matter of the Governor's House. (See Minutes of Council, July 24. No. 658.)
July 25.Committee appointed to inspect into the waste made of the King's timber.
The Act for Explanation and the amendment of the Act for settling of fees read and sent up.
Ordered that Mr. Gilbert Nelson be prosecuted upon the articles exhibited against him, and desired that H.E. and Council will be pleased to appoint the King's Attorney here to proceed accordingly.
Adjourned till September 2. [C.O. 40, 2. pp. 274, 275.]
July 25.673. Minutes of Council in Assembly of Jamaica. A Committee was appointed by the Assembly for inspecting that part of the Council's Journal relating to a charge drawne up by the Governor and Council against this Assembly. The Clerk of the Council replied to them that he had orders to let them inspect any day or day's minutes, or any particular part or parts, but not to read the whole Journal, which they seemed to require, there being no such thing as any charge drawn up by the Governor and Council against the Assembly, nor anything of that nature, unless the House thinks such answers as they have received to their messages are so.
Upon, motion being made that this Board in regard that the Assembly had spent near five weeks and done nothing, nor taken any care for quartering the soldiers, it was desired that leave might be given (for ye performance of the promise made to H.M. by this Board in conjunction with the Assembly in their address and in pursuance of H.M. directions) that a Bill might be brought in to this Board for immediate quartering of them. Bill accordingly prepared, read and passed the first, second, and third time.