America and West Indies: October 1700, 7-10

Pages 551-557

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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October 1700

Oct. 7.
815. Governor Sir William Beeston to Council of Trade and Plantations. Here being little of moment happned of late, I have not written since June 16. I have lately received your letter of May 17, together with His Majesty's Order in Council declaring his dissent to the Act about the Deputys of Pattentees, which shall be obeyd, but what is to bee done by the authority of His Majesty's said Order wee know not, for it does not plainely distinguish whether bee meant the Deputys of the then present Pattentees, or those onely who shall obtaine Pattents for those places for the time to come, which I humbly pray may be explained, for the Pattent is passed for the Provost Marshall's Office since that Order was made, yet a Deputation was sent to a very unfitting man to execute that office, tho' not admitted by reason of His Majesty's said Order, untill His Majesty's commands bee farther signified therein, as I have some months since remarqued to your Lordshipps. And a new Deputation from the Receiver General is not admitted for the same reason. For the business of the shipps of war, and how they manadge here, I was in hopes your Lordshipps would have layde that before His Majesty, and then wee might sooner have hoped to have had redresse therein. When those severe Penall laws are much subject to different constructions, it's very hard for any one to know how to carry himselfe. That I writ your Lordshipps about the New England vessell was as plaine according to that law as anything could bee, for the Law in that is soe short that it says that an owner shall sweare, that oath shall be recorded, and a duplicate or register thereof shall be given to the Master for the security of his Navigation, and if this bee wanting the vessell shall be seized. This Master had no register, nor could prove who were his owners, but declared in Court he did not know them all; yet by incouridgment from England, the concernd brought an appeal, and in order to it I commissionated three of the chiefest and most eminent gent. in the Island to heare it, who upon (as I thinke) a mistaken notion of the Act that the Master would have sworn, (as anybody will, rather than loose his vessel or employment), that he had left his certificates behind him, have repealed the sentence of the Admiralty, and adjudged restauration to be made, by which they have made that severe Act absolutely void, for no Master will loose his ship for want of swearing, and therefore no officer will for the future give himselfe the trouble and charges to seize vessels according to the letter and plain meaning of the Act, when they know it will be reversed by appeal, and they loose all the charges they have been at, nor can one expect that any for the future here on the like occasion will judge contrary to the sentence these Gent. have given. I now send the sentence and repeale to H.M. Commissioners of the Customs, and do desire their opinion about it, the Act for the future being of no use. I now transfer by Mr. Popple a duplicate of the writ for electing Assemblymen, a draught of Fort Charles exactly done as to the figure and guns, the publick accounts and Muster Rowles of the whole Island, which, notwithstanding the mortality we have had, amount to near 700 men more than the last Rowles were. I am also enlarging to more than double the King's House, which was too little for any indifferent family, and have taken in all the land belonging to it with a bricke wall, and have made aditions of outhouses for the reception of servants and for offices, all which will bee finished in a short time, and will be very comodious and useful, tho' not soe beautyfull, being built not one entire fabricke, but by peices. The account of exportation I sent your Lordshipps is the same that the Naval Officer and Collector of the out Customes sends to the Commissioners of the Customs. If there bee any other method, they shall bee put into it, and transmitted at the end of the year. The Island continues in pretty good health, yet not without some dropping away, tho' not many, nor with any prevalent distemper, and the yeare being soe farre advanced, wee are in hopes wee shall have no greate illnesse upon us. The Spaniards continue their rudeness and insults, as they have opportunity, and have lately kild several of our men in cold blood, of which I have now written the Earl of Jersey, and have sent him some depositions, which prove some part thereof. Signed, Wm. Beeston. Endorsed, Recd. 9 Dec. Read 9 ditto, 1700. Holograph. 2 pp. Annexed,
815. i. Abstract of preceding. 1½ pp. [Board of Trade. Jamaica, 9. Nos. 22, 22.i.; and, (without abstract) 57. pp. 104–108.]
Oct. 7.
816. Governor Sir William Beeston to Mr. Popple, transmitting by H.M.S. Dolphin enclosed to be laid before the Lords of Trade. Holograph. ½ p. Signed, Wm. Beeston. Endorsed, Recd. 9 Dec. 1700, Read 9 ditto. Holograph. ½ p. Addressed and sealed. Enclosed,
816. i. Copy of form of writ for Election of Assemblymen. ¾ p. Endorsed, Recd. 9 Dec. 1700.
816. ii. Lists of all His Majesty's forces, both horse and foot, in Jamaica, June 24, 1700. 48 pp. of names. Endorsed as preceding.
816. iii. Memorandum of His Majesty's Accounts of Additional Duty, etc. ¼ p.
816. iv. Memorandum of His Majesty's Account of Impost. ¼ p.
816. v. Memorandum of His Majesty's Account of Fortifications. ¼ p.
816. vi. Memorandum of His Majesty's Account Currant. ¼ p. [Board of Trade. Jamaica, 9. Nos. 23, 23.i.–lii.; and (without enclosures) 57. pp. 109, 110.]
Oct. 7. 817. Minutes of Council of New York. 145l. 12s. 2d. paid to Col. Stephen Cortlandt for money and goods provided by him for His Excellency's expedition to Albany.
Ordered that Col. Cortlandt do provide 15 bowls, 15 platters, 15 cans, 2 potts and 2 capott coats for the Companies at Albany, and do send up to Capt. James Weemes candles for their use for six months at the rate of two pounds for three nights. Ordered that Capt. Weemes provide two centry boxes for the garrison.
Jacob Staats and Hendrick van Dyck appointed chyurgions to look after Major Richard Ingoldesby's company at Albany, at a salary of 15l. each.
23l. 10s. paid to William Mumford for cutting the King's Armes in stone and for making stone steps to the building over the gate in Fort William Henry.
The Sachims of the Indians of Hudson's River, attending without, were called into the Council Chamber and said, that the last year his Lordship was at Boston; this yeare he went up to Albany and is now returned, and bidds him welcome; they applied themselves to his Lordship as children did to their parents and desired protection. His Lordship told them that he would protect them, and that the King of England had given him orders to take care of them, which he would do accordingly, as long as they behaved themselves as they ought to do. Then he ordered Col. Cortlandt to give them victuals and drink as was usual.
Oct. 8. Petition of Dyrk Jansen Hooglandt read, and referred to the Justices of King's County, who are to report thereon.
Ordered that Col. Cortlandt provide canvas and thread for the making of ten beds for the companies at Albany. Capt. Weemes to get them made at Albany.
Petitions of Michael Hawden, Jacob Mauritz and Johannes Provoost read and referred to Committee.
John Bleeker paid 6l. for interpreting to the Indians at Albany these six years past.
Collector of the Excise of the City and County at Albany ordered to give an account thereof to the Commissioners of the Customs that this Board may. be informed thereof.
Petition of James Kinard, praying for 10l. reward for taking two deserters, rejected, it being his duty as a serjeant in His Majesty's pay. But his charges will be allowed him. [Board of Trade. New York, 72. pp. 360–363.]
Oct. 7–10. 818. Minutes of Council in Assembly of New York. The Members of Assembly not yet having come to town, the Assembly was adjourned from day to day. [Board of Trade. New York, 72. pp. 843, 844.]
Oct. 8.
819. R. Yard to the Lords Commissioners of Trade. The Lords Justices desire you will lay before them the draught of the Charter you lately received from the Earl of Bellomont for Hervard Colledge in New England, together with such alterations and additions as your Lordships conceive necessary for His Majesty's service to be made in the same. Signed, R. Yard. Endorsed, Recd. Read Oct. 9, 1700. 1 p. [Board of Trade. New England, 11. No. 18; and 38. p. 253.]
Oct. 8.
820. Mr. Yard to the Council of Trade and Plantations. Your Lordships' report having been laid before the Lords Justices, their Excellencies direct that you send a copy of Matthew Plowman's petition to the Earl of Bellomont, with directions to enquire into the truth of the allegations therein set forth, and to make his report thereupon. Endorsed, Recd. Read Oct. 9, 1700. 1 p. [Board of Trade. New York, 10. No. 31; and 54. p. 432.]
Oct. 8.
821. Journal of Council of Trade and Plantations. Letter from Mr. Sansom, Oct. 5, read. Representations upon the Acts of the Massachusets Bay and of New Hampshire agreed to.
Oct. 9. Letter from Mr. Yard, Oct. 8, read. Their Lordships not having received any such draught of a Charter for Harvard College as was there referred to, the Secretary ordered to write to Sir Henry Ashurst for it. Representations, agreed to yesterday, signed.
Letter from Mr. Burchet, Oct. 8, read, and directions given for an answer.
Letter, from Mr. Yard, Oct. 8, directing a letter to be writ to Lord Bellomont in relation to Mr. Plowman's petition read, and letter ordered accordingly.
Report upon the preservation of His Majesty's timber in the Plantations further considered. [Board of Trade. Journal, 13. pp. 199–201; and 97. Nos. 178, 179.]
Oct. 8.
822. J. Burchett to William Popple. Yesterday I received several letters from Capt. Fairborne, who commanded the ships last sent to Newfoundland, in one of which he has sent the heads of enquiry relating to the trade in those parts, and a list of the several fishing ships and vessels. Possibly he has in the packet directed to you transmitted those things to you for my Lords of the Council for Trade; but if not, you shall have them from hence. He has likewise sent a draught of the Bay of Bonavista, and if he has not done the like to you, I know not how I shall either get that copied, or of the draught of Trinity Harbour, which the Captain of the Mary galley will in some little time send hither. That ship brings from Capt. Richards the model of a redoubt he designs at the entrance of St. John's, but to whom that is consigned he gives me no account. Signed, J. Burchett. Endorsed, Recd. Read Oct. 9, 1700. 1 p. [Board of Trade. Newfoundland, 4. No. 17; and 25. pp. 380, 381.]
Oct. 9.
823. William Popple to Mr. Burchett. I have received a letter from Capt. Fairborne with answers to the enquiries, etc., so there is no need of your sending a copy. But as to the draughts you mention, (see preceding abstract), if you please to let me have those that are sent you, I will take care to have copies made and return them to you. [Board of Trade. Newfoundland, 25. p. 382.]
Oct. 9.
824. Council of Trade and Plantations to the Lords Justices. We have considered the Acts past in several Assemblies of the Massachusets Bay, Dec. 15, 1697–March 13, 1699/1700. Acts, which have expired or which are recommended for approval, enumerated. Acts which we humbly conceived not fit to be confirmed, (1) An Act for establishing of precidents and forms of writs and processes in Civil Causes. The form of an attachment for reviewing of causes at the Superior or Inferior Court respectively is liable to this objection, viz., where A had recovered judgment against B, and B prayes a review, the Sherif is by this writ commanded to arrest A, who had recovered, and to have him forthcoming before the Judges, even before the judgment for him is reversed, which practice seems to be very incongruous and unreasonable. (2) An Act establishing of seaports within this Province and for ascertaining the fees for entring and clearing of vessells, inward and outward bound. This Act, appointing that no other places besides those therein named, shall be ports for the lading and unlading of ships, trading to and from that Province, seems thereby to intrench upon the power granted 25 Charles II, for the encouragement of the Greenland and Eastland trades, to the Commissioners of the Customs here, under the direction of the Treasury, to appoint ports in all His Majesty's Plantations for the lading and unlading of the commodities therein enumerated, and the said Act also, establishing more ports than we conceive to be necessary for that Province, and several of them, as we have been informed, not having one vessel belonging to them, nor any vessel either of their own, or others, having laden or unladen there for several years past, we are humbly of opinion that the establishing of so many ports in such inconsiderable places will not only occasion a greater charge in maintaining officers to attend them, but be also a great means to encourage and promote clandestine and illegal trade. (3) An Act for regulating and inspecting the building of ships. By the Preamble of this Act it seems to be grounded upon a mistaken opinion, as if there were some such practice in England, settled by Law, whereas there is not; and if the said Act should be confirmed or continue in force, it would subject His Majesty's builders, in case it should hereafter be thought fit to build any ships there for His Majesty's service, to the inspection and controul of overseers to be appointed by the Justices of the Peace of that Country, and to other powers thereby granted to them; and would in like manner subject all merchants of England, that may send thither to build ships for their own use, to the same rules, which seeme unto us inconvencies fit to be avoided. (4) An Act for the regulating and directing the proceedings in the Courts of Justice. This Act giving a liberty for three tryals in the Courts of that Province, before sentence or judgment in any case be final, and between each of those tryals allowing a liberty of three years suspense, we are humbly of opinion that this so oft renewing of tryals there in the same case, and the long suspense before any final issue, is delatory and vexatious. (5) An Act for the better preventing of the spreading of infectious sickness. There is no such Act as this that we know of in any other of His Majesty's Plantations; and by the uncertain interpretation that may be put upon the terms contagious, epidemical and prevailing sickness, we think it may be liable to great abuses; the penalties also thereby inflicted seem unto us too high; and we are therefore humbly of opinion that the inconveniences thereby intended to be prevented may be better provided against by order of the Governor and Council from time to time than by any standing Act of the General Assembly. Signed, Ph. Meadows, Jno. Pollexfen, Abr. Hill, Geo. Stepney, Mat. Prior. [Board of Trade. New England, 38. pp. 239–249.]
Oct. 9.
825. Council of Trade and Plantations to the Lords Justices. The Earl of Bellomont having lately transmitted to us some Acts of the General Assembly of New Hampshire, Aug. 7, 1699, upon which we cannot make a perfect report, (because of the confused and uncertain state of the former Acts of that Province) until we receive a complete and authentick collection of the whole, which has accordingly been required; we only crave leave at present to represent our opinion upon two: (1) An Act for restraining and punishing privateers and pirates. Which, tho' it might have been useful to the end intended, in case no other provision had been made here for the same purpose, yet, finding it inconsistent with the Act past here the last Session of Parliament for the more effectual suppression of piracy, we are humbly of opinion that it be repealed. (2) An Act for a tax or assessment of 500l. Which being intended for the proper use of the Earl of Bellomont, but by the constitution of that Government his Lordship not being allowed to receive the benefit thereof without His Majesty's approbation first had, we humbly offer that your Excellencies permit him to receive the said sum. Signed as preceding. [Board of Trade. New England, 38. pp. 250, 251.]
Oct. 9.
826. William Popple to Sir Henry Ashurst. The Lords Commissioners for Trade and Plantations having received letters from the Earl of Bellomont, wherein he writes that he had desired you to attend them about a Charter for Harvard College, in New England, and their Lordships being called upon by the Lords Justices for the draught of that charter, but not having themselves received any such thing they have commanded me to give you this notice, that you may take the necessary care in the matter. [Board of Trade. New England, 38. p. 252.]
Oct. 10. 827. William Crouch and Joseph Tatem to the Council of Trade and Plantations. Petitioners having understood from their agents and factors in New England that the Earl of Bellomont had forbid the sending of pipestaves, deal boards and other timber from thence to Spain and Portugal and that a ship called the Mary, of about 300 tuns burthen, which they had designed from Piscataway to Portugal with a lading of that sort was not permitted to proceed on the said voyage, obtained an Order of Council, May 9 last, directing that she should be permitted to proceed. But before the arrival of the said Order, the petitioners' correspondent, Mr. Partridge, being ignorant of what had been done here, and finding the delay of the voyage and the detention of the ship there to be very prejudicial to them, had, in compliance with the Earl of Bellomont's desire, entered into bond of 3,000l. to His Majesty that the said ship should proceed with her lading directly for England, and being arrived here that some of the owners should lay before your Lordships a true and perfect inventory of her lading, and offer to your Lordships the pre-emption thereof, or such part thereof as should be thought suitable for the service of H.M. Navy at the current market-price. The ship being now arrived in Tor Bay, the owners pray that the bond may be cancelled and the ship allowed to proceed to Lisbon. Endorsed, Recd. Read, 10 October, 1700. 2½ pp. [Board of Trade. New England, 11. No. 19; and 38. pp. 254–256.]
Oct. 10.
828. Council of Trade and Plantations to the Lords Justices. Recommending the foregoing petition, "We have nothing to object why. your Excellencys may not be graciously pleased to grant the prayer of their petition." Signed, Ph. Meadows, Jno. Pollexfen, Abr. Hill, Geo. Stepney, Mat. Prior. [Board of Trade. New England, 38. p. 257.]
Oct. 10.
829. Minutes of Council of the Massachusetts Bay. Proclamation ordered further proroguing the Assembly till Feb. 12th.
Edward Procter, tailor, of Boston, Simeon Stoddard and Thomas Adkins, granted leave to make timber additions to their houses;
Robert Starkey paid at the rate of 3l. 17s. 6d. per month for his services as pilot to H.M.S. Arundel.
Samuel Sewall paid 15l. for one year's rent for Lord Bellomont's use of his stable and coach-house.
55l., one quarter's salary, paid to Mr. Increase Mather, President of Harvard College. [Board of Trade. Massachusetts Bay, 2. pp. 16, 17.]
Oct. 10. 830. Journal of Council of Trade and Plantations. Letter from Mr. Hilary Reneu of the 1st inst. read. Directions given for writing to Lord Bellomont thereupon.
Petition from Wm. Crouch and Joseph Tatem read and a Representation thereupon drawn and signed, wherewith to lay the same before their Excellencies the Lords Justices.
Letter from Mr. Markham, late Lieut-Governor of Pennsylvania, March 1, read.