America and West Indies: May 1700, 11-15

Pages 247-255

Calendar of State Papers Colonial, America and West Indies: Volume 18, 1700. Originally published by His Majesty's Stationery Office, London, 1910.

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May 1700

May 11. 428. Attorney and Solicitor General to the King. In obedience to your Majesty's Order in Council, May 2, we have considered of the petition annexed, and find that the office of Secretary of Barbadoes hath in all times past been a Patent Office, and in the gift of your Majesty and Royal Predecessors. We likewise find that, upon the resignation of William Welby, Esq., your Majesty granted, Aug. 29, 1699, the said office to petitioner, who thereupon repaired to the said Island to execute the said office, but was hindered by the Governor and Council on pretence that he was born in Scotland and therefore was incapable of executing the office within the meaning of an Act passed in the seventh and eighth year of your Majesty's reign. We have considered this Act, for preventing frauds, etc., and are humbly of opinion that a Scotch man, being in law a natural-born subject of England to all intents, is not restrained by the said Act from executing any place of trust in the said Island, and that a Scotch man is a native born subject of England within the construction of that Act, and therefore we humbly conceive the petitioner by your Majesty's said grant to be well qualified for the said office and ought to enjoy the same. Signed, Tho. Trevor, Jo. Hawles. Endorsed, Read 7th June, 1700. 1¼ pp. [Board of Trade. Barbados, 8. No. 48; and 45. pp. 64, 65; and (memorandum only, ¼ p.), Plantations General, 5. No. 61.]
May 11/22.
Fort Kykoveral
Rio Yssequebe
429. Samuel Beeckman to the Directors of the Dutch West India Company, at the Chamber of Zealand. I enclose copies of my last, Jan. 2nd, sent in the Brandenberg, which I hope will have arrived by now. I send herewith a muster-roll indicating the changes that have occurred since then, the deaths of Christians and slaves, etc. Until to-day, 22nd, we have not received the briefest letter from your Worships about Berbice. Consequently there is nothing to say but to announce the prosperity of this Colony and the newly cut Plantations here, which we calculate will produce as much as 800 hogsheads of sugar, and if we had not so many dead and [if we had] better slaves than those lately brought by the Brandenberg, whose bad condition has not been equalled in my memory or that of any of the inhabitants, that amount would doubtless have been much enlarged. We will, however, apply ourselves with all diligence to increase your Worship's prosperous Colony and to make up with the living for the dead, till new be provided in conformity with our preceding demand. We will also, in view of authorisation from you, keep in our minds the preparation of everything for the purpose of a new fortress for this river, which is very necessary. For which reason we have permitted our late secretary, Wilhelmus Maas, in company of M. Adriaan Hollander, Councillor of this Colony, with their wives, and a certain Capt. Nicolaas Evertse, to go to Barbados; the last named principally to enjoy himself a little with the women, but the Secretary in order on behalf of the Company to ask permission from the Governor there for us to send our vessel with wood, which is much in demand there, in exchange for limestone to be brought back here, out of which we thought to lay up a store of lime for the fortress aforesaid. But this has been politely refused. On this voyage I lost my wife's sister, wife of M. Hollander. It pleased God to lead the Secretary also away to the heavenly path after his return hither. It is said that there has been an infectious disease in Barbados which caused the great heat in his blood. From this and the lack of your letters, we are in great perplexity. We are deprived of good penmanship, and have only one man who can assist us in this respect, who says that for one man the function of book-keeper and secretary is too heavy, for, the Colony increasing daily, therefore the business of the Company must increase largely too. It would indeed be better if this office were divided. We shall not be able to employ our present slaves to begin the proposed work of fortifications, unless we are provided with new; or the Company's Plantations would have to decline, which we expect to increase and intend by the next conveyance to give proof of over 400 hhds. and 25 barrels of oriand colour, for which reason we earnestly beg that our expected bottom may soon be sent hither, to be here at latest by June. Signed, Samuel Beeckman. Inscribed, Read 6 Sept [N.S.], 1700. 4 pp. Dutch. The style is very obscure. Enclosed,
429. i. Muster-roll of the Company's servants referred to above. 4 pp. Dutch.
429. ii. S. Beeckman to the Dutch West India Company. May 22, [N.S.] 1700. Copy of above letter. 2¼ pp. Dutch. [Colonial Office Transmissions. Berbice, 457. Nos. 2, 2.i.–ii.]
May 12. 430. Charles Lodwik to the Council of Trade and Plantations. Several weeks since, His Majesty referred my humble petition, in behalf of the merchants and principal inhabitants of the city of New York, representing the great hardships and discouragements the lawful trade of that Province lay under by uniting the civil Government of New York to that of New England. I being now ready to go back to New York, humbly beseech your speedy report thereon. Signed, Charles Lodwik. Endorsed, Recd. 14th, Read 23rd May, 1700. ¾ p. [Board of Trade. New York, 9. No. 33.]
May 13.
431. Petition of the Governor and Company of His Majesty's Colony of Rhoad Island and Providence Plantations to the King, praying for the continuance of their privileges according to their Charter. A poor, distressed and persecuted people, we have been wonderfully preserved for upwards of 60 years, in spite of the endeavours of our neighbours, etc. Signed, by order of the General Assembly, Sam. Cranston, Governor. 1½ pp. [Board of Trade. New England, 10. No. 39.]
May 13.
432. Earl of Jersey to the Council of Trade and Plantations, referring the petition of Ben. Niccol and others for their report. Signed, Jersey. Endorsed, Recd. 17th, Read 23rd May, 1700. 1 p. Enclosed,
432. i. Certificate of Henry Wigington that he was refused an appeal in the case of the Cole and Bean galley, although applied for without leaving the Court. Carolina, March 5, 1699/1700. Signed, Henry Wigington 1½ pp.
432. ii. Petition to the King by the owners of the Cole and Bean galley, seized in Carolina, December last, under pretence of not having a certificate according to the requirements of the Act for preventing frauds, etc. The galley was a prize taken from the French, was lawfully condemned, and belongs wholly to petitioners. She was registered with Sir John Shaw, the Collector of Customs in London, and had his certificate of freedom, March 17, 1695, which is as full as the certificates now used. Joseph Morton, Judge of the Admiralty in Carolina, refused good security offered, condemned the galley and cargo outright, and refused to grant an appeal or to allow your Majesty's Custom House Officer to take care of your Majesty's third part. Petitioners were ignorant of the law, or would have furnished the certificate required. They pray for relief. Signed, Ben. Niccoll, John Crosse, Gyles Beene, Patrick Walsh. Copy. 1 p.
432. iii. Copy of certificate of Sir John Shaw, referred to in preceding. 1½ pp.
432. iv. Deposition of Benja. Niccoll that the Cole and Bean was taken and condemned for prize, as stated above, and that no foreigner hath any interest in her. London, April 19, 1700. ½ p.
432. v. Copy of proceedings of the Admiralty Court, Charles Town, Dec. 28, 1699, and Jan. 5, 1700, in the case of the Cole and Bean. 9½ pp. [Board of Trade. Proprieties, 5. Nos. 47, 47.i.–v.; and (letter and petition only) 26. pp. 210–212.)
May 13.
433. Governor and Company of Rhode Island to the Council of Trade and Plantations. We received from Lord Bellomont your letter of Aug. 11, 1699. We do not justify ourselves in anything that doth appear amiss to your Lordships, but submit to your great wisdom, and as you exhort us to a thorough reformation of such things as you say is too notoriously known amongst us, we shall endeavor the same, and in order thereunto have put the late Dep. Gov. Major Green out of any place of trust in the Colony, and have also ordered a new transcript of our laws, as exactly as they can be, to be sent you under the Seal of the Colony, with what expedition may be. We also enclose a copy of the Repealed Act about the Deputies' engagements, with the names of the whole Assembly as they stand upon record that repealed that Act, and the copy of another Act for the engagement of Deputies made since the receipt of your letter. We have examined the late Governors and the late Dep. Gov. Major Green concerning what commissions have been granted by them to any captains of ships, etc., and cannot understand of any more than one besides what you have received, which was granted by Major Green, by leave of the then Governor, Walter Clarke, to Capt. Peter Lawrence, to cruize upon this coast, and by virtue of the same took two French fishermen and was "niver of from the coast further than Cannida," the which commission, etc., we shall transmit with our Laws. There has been some other com- missions granted when the French came upon our coast, robbed and spoiled His Majesty's subjects at Block Island, within this Colony, by virtue of which commissions they rescued the inhabitants, fought the French and put them to flight, after which returned their commissions, being only for that expedition, they niver proceeding without the limits of our charter. We most humbly beg your Lordships' pardon for what of negligence doth appear in us. If there hath been any misinformation by us, it was through misunderstanding. It was never in our hearts to shuffle with you. We have many enemies who endeavour to render us contemptible and obnoxious, we not having that correspondency, nor are we of that ability in England to make that just defence for ourselves as other Government(s) are. We submit ourselves and cause at His Majesty's feet, and your great wisdom, it being our supplications to the most high and omnipotent God to direct you to do that which will redound to His Majesty's glory and your honour. Signed, Samll. Cranston, Governor. Endorsed, Recd. 1st, Read 26th July, 1700. 2½ pp. Annexed,
433. i. Abstract of preceding. ¾ p.
433. ii. Copy of Act of General Assembly of Rhode Island and Providence Plantations, Newport, 30 October, 1672, as to the engagement of Deputies. 1 p.
433. iii. Copy of Act, repealing above Act, Newport, Oct. 31, 1677, with the names of the Deputies present on that occasion. 1 p.
433. iv. Copy of an Act of Assembly of Rhode Island, Newport, May 1st, 1700, providing that every Deputy shall in open Court take an engagement of allegiance to the King, fidelity to the Colony and its charter, and justice to all persons that shall appeal for their judgments. ¾ p. Seal. [Board of Trade. Proprieties, 5. Nos. 48, 48.i.–iv.; and (without enclosures) 26. pp. 260–266.]
May 13. 434. Journal of Council of Trade and Plantations. Capt. Hasket acquainted their Lordships that, notwithstanding he has given security to the Lords Proprietors of the Bahama Islands, yet they remain absolutely averse to be obliged themselves to the King, as has been proposed to them. Ordered that the Secretary write to Mr. Thornburgh (May 14.)
Letter to Mr. Champante ordered to enquire what progress is being made with the clothing for the soldiers at New York, presents for the Indians, and money for the Fort.
Order of Council, May 2, repealing the Jamaica Act obliging Patentees to reside, read.
Letter from Mr. Burchett, May 4, read. Commissions for the trial of pirates in the Plantations considered.
May 14. Letter to Mr. Thornburgh approved of and sent.
Draught of letter to Sir William Beeston approved of.
Col. Codrington acquainted their Lordships that he expects now in a few days to receive his money out of the Treasury, and will be then immediately ready to part for his Government. He hears the Admiralty are about sending two ships to Jamaica, and desires the Board to write to the Admiralty that he may have his passage in one of them to the Leeward Islands. He offered some proposals relating to the soldiers at St. Christopher's. which he promised to put in writing.
Mr. Pollexfen communicated to the Board a paper on the causes of fevers in Barbadoes.
Draught of a letter to Mr. Grey approved.
Letter from Col. Blakiston, Feb. 2, read, and the papers there-with transmitted laid before the Board. [Board of Trade. Journal, 13. pp. 38–42; and 97. Nos. 89, 90.]
May 14.
435. Wm. Popple to William Thornburgh. In answer to yours of 10th inst., the Council of Trade and Plantations desire you to acquaint the Lords Proprietors of the Bahama Islands that, the Address of the Lords Spiritual and Temporal in Parliament having been given them in command by His Majesty as a rule to be observed, they cannot deviate from what is thereby prescribed. It is therefore expected that the Lords Proprietors do at least oblige themselves to His Majesty under their common seal for the person nominated by them to be Governor. [Board of Trade. Proprieties, 26. p. 209.]
May 14.
436. Earl of Jersey to the Council of Trade and Plantations. Your representation of April 24th was laid before the King with the first opportunity. His Majesty was pleased to send directions to the Treasury about providing the present of arms for the Indians and for recruiting His Majesty's forces in New England, as was proposed by your Lordships. As to the building of a new sod fort there, His Majesty directed the Board of Ordnance to furnish 500l. towards the charge of it, whereupon they made the enclosed report, notwithstanding which His Majesty has repeated his Orders to my Lord Romney to give the necessary directions to the Board of Ordnance for supplying the sum of 500l. towards building the said sod fort, and your Lordships may please to call upon them for the dispatch of it. You will understand by the enclosed that Col. Romer is to continue in New England. Signed, Jersey. Endorsed, Recd. 15, Read 17th May, 1700. 1¾ pp. Enclosed,
436. i. Report of the Ordnance Office to the Rt. Hon. Henry, Earl of Romney . We are informed that several works have lately been done in New England, and we know nothing to the contrary but they have been performed at the charge of the Plantation. Should this money be sent over, it may involve this Office into a much further expense, and we are afraid your Lordship cannot justify the sending over money for fortifications there, since the Parliament have several times refused to make any provisions for the Plantations, whereupon we have great reason to believe the money given to our Office is appropriated by Parliament only for keeping H.M. Forts and Garrisons of this kingdom in repair, and it is well known to your Lordship the ill condition they are all in, that certainly all the money that can be spared by our Office ought to be applied to that service, so we hope His Majesty will think it reasonable that the Planters of New England as well as other Plantations should for their own security be at charge of making this new fort and pursue the same methods by which their other works have been performed. There has not been any orders sent from us to remand Col. Romer home, but we shall direct him to continue there till His Majesty is pleased to signify his pleasure for the recalling him. Office of Ordnance, May 4, 1700. Signed, Jon. Charlton, C. Musgrave, Ja. Lowther, Wm. Boulter. 1½ pp. [Board of Trade. New York, 9. Nos. 34, 34.i.; and 54. pp. 222–226; and (memorandum of above, 1 p.) New England, 10. No. 40.]
May 14. 437. Minutes of Council in Assembly of Barbados. Mr. Daniel Hooper took the oaths appointed, as a member of the Assembly. Petition of William Roberts read and referred to the Assembly.
Capt. Francis Draycott and 16 men ordered to be paid for attendance of the magazine.
The petition of George Duncan was read and rejected.
William Heysham, Agent of the Royal Company, was paid the balance of the account for the Falconburgh taken up for the expedition against Martineque in the time of the late war.
The Assembly was summoned, and His Excellency recommended to their consideration (1) the repair of the forts, etc.; (2) that all persons, who pay not in the 3s. tax on negroes by the time appointed by the Act, be returned into the Exchequer. (3) That the Committee of Accounts make a return of all outstanding debts, and that all defaulters be returned into the Exchequer. (4) That a Joint-Committee be nominated to consider Magnus Popple's proposals for making a harbour at St. Michael's. (5) That they give an answer to what was recommended them relating to the donations, (6) and building a gaol.
The Assembly signified to His Excellency that they designed to decide their controverted elections before proceeding upon other business. His Excellency that they designed to decide their controverted elections before proceeding upon other business. His Excellency asked if they had any law for it, for in England 'tis otherwise. The Speaker replied that it was their ancient custom. His Excellency advised them to consider further, and laid the ill consequences thereof before them. The Hon. Tho. Sadleir was appointed Chairman of the next Court of Oyer and Terminer.
The Assembly announced that they adhered to their former resolution, and signified that, whereas Col. Harrison had preferred a petition to His Excellency and Council purporting that Col. Merrick, a Member of this Board, to whom the writ was directed to elect Representatives for St. Peter's Parish, did not live in those precincts, and that the writ therefore was not legally granted, and praying that he may have time to make his allegations appear, which was granted, and the petition ordered to be heard next Council day, the Assembly alleged they ought to determine it themselves pursuant to the Laws in this case provided. After debate, Mr. Solicitor was sent to them with the book of the Laws to tell them that it was the opinion of His Excellency and the Council that the petition did not interfere with their jurisdiction, but lay before this Board only, since the petition was not to determine the legality of the election, but only the mode of granting the writ. The Assembly moved that the Court of Grand Sessions be adjourned as formerly at the discretion of the Court, considering the inconveniencies that may attend the inhabitants by their being called together, should the present contagion continue. His Excellency said he could not do it, it being contrary to an Act of the Island, but if they would prepare a Bill to that purpose, this Board would consider it. Mr. Solicitor was again sent to assure them that this Board would not entrench upon their jurisdiction, but that they were still of opinion that the petition of Col. Harrison did not lie before the Assembly by any law of the Island. The Assembly adhered to their opinion that to adjudge of the writ is to adjudge of the legality or illegality of the controverted election. [Board of Trade. Barbados, 65. pp. 509–511.]
May 14. 438. Minutes of General Assembly of Barbados. The House was called over and Robert Morris fined, but upon his application to the House, the fine was remitted.
The petition of William Battyn was dismissed, petitioner not appearing.
Petition of Alexander Walker, who objected that George Thomson, one of the voters, was not a freeholder qualified to vote for Representatives, was referred, witnesses being absent through sickness. And see preceding abstract. [Board of Trade. Barbados, 65. pp. 558–562.]
May 15. 439. Col. Codrington to the Council of Trade and Plantations. I am prepared to sail immediately, and beg you to write to the Admiralty that they may direct such provision as is usual. Signed, Chr. Codrington. Endorsed, Recd. Read May, 1700. 1 p. [Board of Trade. Leeward Islands, 6. No. 61; and 46. pp. 39, 40.]
May 15.
Office of
440. William Phelps to Wm. Popple. In answer to your letter of the 8th, Mr. Heberlands was, pursuant to His Majesty's Order Dec. 10, 1696, appointed to go engineer to the Bermuda Islands, after he had been at Barbados, and thence to the Leeward Islands and back to Barbados again, whither he was first ordered to go. But he went no further than Barbados, so that no engineer did go to the Bermudas, and consequently no report was made to this Board relating to the state of those Islands. From Barbados he was recalled, as all other engineers abroad were, pursuant to H.M. Order in Council, Feb. 17, 1697/8. Signed, Will. Phelps. Endorsed, Recd. 15th Read 23rd May, 1700. 1¾ pp. [Board of Trade. Bermuda, 4. No. 29; and 29. pp. 311, 312.]
May 15. 441. Journal of Council of Trade and Plantations. In accordance with a memorial presented by Col. Codrington, letter to the Admiralty ordered desiring that he may have passage for himself and such a number of servants with such tonnage as is usual. [Board of Trade. Journal, 13. pp. 44, 45; and 97. No. 91.]
May 15. 442. Minutes of Council of New York. The L.G. deposed on oath that all the pirates' goods he had received from Governors Blakiston, Penn, etc., were now in the Council Room, except 69l. 10s. 5½d., which he had taken out to defray their expenses.
Col. Abraham Depeyster ordered to go the circuit to Ulster and Duchess Counties, since the Judge appointed is suspended. Col. Depeyster's charges to be allowed by the Government.