America and West Indies: December 1700, 16-20

Pages 744-759

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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December 1700

Dec. 16. 1009. Minutes of Council of Virginia. Letter from the Council of Trade, Aug. 1, read and referred to a fuller Council. [Board of Trade. Virginia, 55. p. 47.]
Dec. 16. 1010. Journal of House, of Burgesses of Virginia. John Catlet, William Waters, and John Powell, having taken the oaths, etc., appointed, took their places in the House. Several petitions referred to this House by His Excellency's Council, were referred to the Committee of Public Claims. His Excellency, having summoned the Burgesses to attend him in the General Court House, addressed them and gave them a letter from the Council of Trade. He thanked God that he could in that place return them hearty thanks for their kind and obliging address of the 9th inst. He hoped that they had now received all the public claims and would, with all convenient expedition, despatch such as were of absolute necessity. He had endeavoured to put the Country to as little charge as possible, but it had pleased God that some occasions and accidents had happened so that there was an absolute necessity of doing things which have brought a public charge upon the country, particularly that of the Pyrates, which he earnestly recommended to them to be paid. Whatever money they should think proper to raise and appropriate to any use, should be so and no otherwise disposed of by him.
Resolved to consider His Excellency's speech to-morrow.
Dec. 17. Resolved that Tully Robinson and Capt. Tho. Welburne were duly elected burgesses for Accomack County, and Major William Waters and John Powell for Northampton County. Leave granted, on petition of Mr. Waters, to bring in the Public Claims of Northampton, he having explained why they were not presented in the time limited by the House.
Several petitions and propositions were referred to the Committees.
Resolved that a message of thanks be sent to His Excellency for his speech, and that the report of the Committee of Claims be awaited.
Ordered that the Records of the Government be removed from James City in accordance with the petition of Edmund Jenings.
Resolved, that it doth not appear that the French Refugees are under such pressing necessity as to be accounted objects of present charity. Resolved, that a Bill be prepared to constitute those seated on or adjacent to Mannikin Town a parish of themselves, and to exempt such of them as dwell within it from payment of public and county levies for seven years after the end of this Sessions of Assembly.
The House was of opinion that articles 3–9 in the French petition properly lay under His Excellency's consideration. The House agreed that, in regard there are many public debts and other contingent charges to defray, and a Capitol is to be built, the Country at this time is not in a capacity to sustain so great a charge as the building a House for the Government of the Country.
Ordered that the Records of the House be removed from James City to the chamber appointed for the Clerk of the House in the College, and that the concurrence of the Council in the matter of moving the Records be desired.
Bill ordered to be prepared with reference to the French Refugees, as above. [Board of Trade. Virginia, 54. pp. 60–73.]
Dec. 16. 1011. Minutes of Council in Assembly of Virginia. The Burgesses attending, His Excellency addressed them. See preceding abstract. [Board of Trade. Virginia, 55. pp. 317–319.]
Dec. 16. 1012. Journal of Council of Trade and Plantations. Major Ingoldsby applied for leave to stay some while longer in England, and promised to bring a memorial to that purpose in writing. It being suggested to the Board that Mr. Cary had said upon the late Order in Council, concerning Col. Fox's Acts, which expresses only that ye said Acts should be confirmed or repealed by the respective General Assemblies of the Leeward Islands and the Governor in Chief thereof, that he was doubtful least the Councils of the said Islands might not thereby think themselves excluded from intermeddling therein, directions were given for preparing another letter to be writ to Col. Codrington for the removing of that doubt.
Memorial from Sir Henry Ashhurst, relating to appeals from Connecticut, read.
Dec. 17. Ordered that Captain Lilly be desired to attend to-morrow in order to some directions relating to the fortifications of Jamaica.
Memorial from Mr. Bass (No. 1015) read.
Answer of the Proprietors of East New Jersey [Dec. 9] read.
Secretary ordered to write to Mr. Dockwra for the proposals of a surrender of the Government of East and West New Jerseys mentioned in the end of the said answer.
Mr. Brenton laid before their Lordships a memorial in answer to the Connecticut Colonye's claim.
Order of Council, Dec. 5, with the petition and memorial of John and Nicholas Hallam read, and papers laid before the Board.
Sir Henry Ashurst's memorial considered. Directions given to proceeding further therein.
Dec. 18. Letter to Mr. Attorney and Solicitor for their opinion on the above case agreed upon.
Mr. Baker, Solicitor of the Treasury, said he hoped the Commissions for trying of pirates in the West Indies would be ready by Christmas, and desired that a letter be writ to Mr. Lowndes to intimate the sence of the Board as to Duplicates thereof, as likewise to desire what number of those Acts their Lordships think necessary to be sent to the Plantations. Directions given to the Secretary to write accordingly (No. 1020). Ordered that a draught of a letter be prepared to the Earl of Tankerville, Lord Privy Seal, and to the Lord Godolphin, First Commissioner of the Treasury to acquaint them that by His Majesty's Commission to this Board their Lordships are by their respective places constituted members thereof. And that the same letter, mutatis mutandis be writ from time to time to other great Officers that are constituted members of this Board, upon all future changes.
Lord Bellomont's letter, Oct. 17, considered. Directions given upon several heads in order to representing and writing as that be necessary, after their Lordships have gone through the whole. At present, a letter to Mr. Secretary Vernon ordered, particularly relating to the Forts at Albany and Schenectady.
Muster-rolls of the Four Companies at New York delivered to Mr. Champante, to be layd by him in the proper office. [Board of Trade. Journal, 13. pp. 283–291; and 97. Nos. 220–222.]
Dec. 17.
1013. Council of Trade and Plantations to Governor Codrington. Mr. Cary having suggested to us his apprehension upon the words of His Majesty's Order in Council of Dec. 5 lest the Councils of the respective Islands for want of their being named in the Order should understand themselves to be excluded or at least not sufficiently authorised to act in that matter, we have thought fit thereupon more expressly to signify to you our sense, that tho' the Governor in Chief be so particularly named, which, because the directions are given unto you is very proper, yet by the word Assembly in this case is to be understood the whole Constitution of the Government, viz., Governor, Council and House of Representatives, and whatsoever is done thereupon is accordingly to be transacted in the usual method. This we thought sufficiently intimated by our requiring you, Dec. 11, to transmit those Acts, etc., according to His Majesty's Commission and Instructions to you in that behalf, but however because of Mr. Cary's scruple, we would not omit to add this further explanation. Signed, Lexington, Ph. Meadows, Jno. Pollexfen, Abr. Hill, Geo. Stepney, Mat. Prior. [Board of Trade. Leeward Islands, 46. pp. 141, 142.]
Dec. 17. 1014. John Hallam and Nicholas Hallam to the Council of Trade and Plantations. Repeats Remonstrance of Dec. 5, and concludes with an appeal for the hearing of their Appeal without further delay or further notice given to Governor Winthrop, the petitioners having already given him sufficient notice, and he has appointed Sir Henry Ashurst to be his Agent. Nothing in the Connecticut Charter justifies their denying appeal to His Majesty, and the Lords Commissioners are invited to declare the late proceedings of the Governor and Court of Assistants relating to appeals a great contempt and disobedience to His Majesty's order and an incroachment on his prerogative. Signed, John Hallam, Nicholas Hallam. Endorsed, Recd. Read Dec. 17, 1700. 4 pp. Enclosed,
1014. i. Affidavit of Nicholas Hallam of New London, Nov. 22, 1700. Governor John Fitz Winthrop refused plaintiffs' appeal, on the strength of the Charter, and deponent thereupon gave defendants timely and sufficient notice of his intent to appeal to His Majesty. Signed, Nicholas Hallam. 1 p.
1014. ii. Affidavit of Nicholas Hallam, Dec. 6, 1700. A few days before he came from Connecticut, deponent gave Governor Winthrop and Edward Palms notice of his intention to appeal, and the Governor said he would be ready to answer deponent in England, and Palms said he would be at no charges in defending the Appeal. Signed, Nicholas Hallam. 1 p.
1014. iii. Affidavit of Arthur Bunyan, merchant of London, Nov. 28, 1700. Corroborating the refusal of the appeal (i). Concludes: He hath heard it frequently and commonly discoursed in that Colony that no appeals would be granted or allowed to His Majesty in Council. Signed, Arthur Bunyan. 1 p.
1014. iv. Affidavit of William Nicoll of New York as to Nicholas Hallam's demand for an appeal and its refusal (i). Signed, W. Nicoll. Certified by D. Provoost, Mayor. Seal of New York, 1686, affixed. In allpp.
1014. v. Copy of notice of appeal, intended by John and Nicholas Hallam, certified to have been read to Governor Winthrop and Major Edward Palmes, New London, July 17 and 18, 1700, together with their replies (ii). Signed, Samuell Mason, Assist. 1 p.
1014. vi. Affidavit of James Avery and Samuel Avery that a letter from Major Palmes to the Governor and Company of Connecticut was delivered by them to Governor Fitz John Winthrop at the house of Richard Christopher, in New London, July 24, 1699. Sworn before Lord Bellomont, Boston, Oct. 10, 1699. 1 p. [Board of Trade. Proprieties, 5. Nos. 80, 80.i.–vi.; and 26. pp. 397–402.]
[? Dec 17.] 1015. J. Basse to the Council of Trade and Plantations. Requesting a copy of the Answer of the Proprietors of East Jersie to the Remonstrance of the Inhabitants, in order to prove by oath on their behalf the allegations in the said petition, if by them denied, and to make any reasonable objections against the terms of surrender, if inconsistent with the interest of His Majesty or the properties of the inhabitants. Signed, J Basse. Endorsed, Recd. Read Dec. 17, 1700. ¾ p. [Board of Trade. Proprieties, 5. No. 81.]
Dec. 17.
1016. William Popple to William Dockwra. The Council of Trade and Plantations desire you to lay before them the proposals relating to the surrender of the Government both of East and West New Jersey, which you mention in your letter (Dec. 9). [Board of Trade. Proprieties, 26. p. 383.]
Dec. 17.
Nigh the
1017. Mr. Dering to [? William Popple]. On the 14th inst. I was cast away. The only things I could save was my life and your Honour's packett. With submission I ask your Honour's pardon. Signed, Unfry [? = Humphrey, or Unfere or Walter] Dering. 1 p. [America and West Indies. New York, 580. No. 53.]
Dec. 17. 1018. Jahleel Brenton to the Council of Trade and Plantations. Case of the Colony of Rhode Island and Providence Plantations. In 1630, or thereabout, diverse of His Majesty's subjects purchased considerable tracts of land of ye Narragansett Indians, who were then a very formidable and numerous people. In 1643, the Governor in Chief of America and Assistants, appointed by Parliament in that year, granted to the inhabitants of Providence, Portsmouth and Newport a Charter of Civil Incorporation to govern the tract of land bounded N.E. on the Massachusetts, E. and S.E. on Plymouth, S. on the Ocean, W. unto the Pequed River. In 1660 the Proprietors and Inhabitants of Rhoad Island and Providence and other Proprietors and Inhabitants of the Narragansett Country appointed Mr. Jno. Clark their Agent in order to obtain from King Charles II. a more ample Charter. About that time also the Proprietors and Inhabitants of Conecticott appointed Mr. Jno. Winthrop their agent to obtain a Charter of Incorporation for that Colony, and in pursuance thereof he having obtained an Order for the same, surreptitiously got it so worded that the Easterly Bounds were uncertain, with design to have a claim to the Government of the Lands of Providence and Warwick and other places in the Narragansett Country, tho' the inhabitants thereof were wholly ignorant of his designs and contrivances, and had appointed an Agent of their owne in order to obtain patent, as aforesaid, for the Lands, which they had justly purchased, and had been many years in the peaceable possession and Government off. Clark so soon as he was advised of Winthrop's designs, humbly petitioned for redress, whereupon the matter was referred to——, and soon after the said Agents came to an agreement that Pawcatuck River should be the bounds between the said Collonys, and His Majesty was pleased to declare in his Letters Patents to Rhode Island and Providence Plantations that the River Pawcatuck should be construed as the Narragansett River, and the Easterly Bounds of Conecticott Collony. In 1664, the Royal Commissioners (appointed to settle the bounds) declared that the government of Rhoad Island and Providence Plantations ought to continue in the government of the Narragansett Country as far W. as Pawcatuck River. In 1683, Edward Cranfield and other Commissioners made a report, ex parte, relating to the Narragansett Country, none of the Government of Rhoad Island, nor the Proprietors of the Narragansett Country, who were inhabitants in that Collony, being present with Mr. Cranfield, when he made his enquiry and report. In 1696 Mr. Attorney General gave his opinion about that country in favour of Connecticott, but this was upon the case as stated by the Agent of Connecticott, which if it had been truly and fairly stated, it is not doubted but he would have given his opinion otherwise. We know not of any Patent granted to the Lord Say and Lord Brooks in 1631 and purchased by Connecticott, as they say, but, when produced, we shall answer their claim by virtue thereof. That the articles of agreement between the two Agents aforesaid have been violated by Rhode Island is a mistake, for the inhabitants of that part of the Narragansett which is about Mr. Smith's Trading House, as is mentioned in those Articles, did choose to be under the Government of Rhoad Island, and the said Mr. Smith was choosen and officiated as a Magistrate in that Government. If any persons, who were Proprietors in the Narragansett Country, received any molestation in their possessions, they might have had justice, when they would have demanded it, in any of His Majesty's Courts of Rhoad Island, but I believe they have not received any of those wrongs they mention, but on the contrary the Government of Connecticott have at several times for more than thirty years past sent their people into the Narragansett Country, who, more like Tartars than His Majesty's subjects, have made inroads there, sometimes they have drove away the poor inhabitants' cattle into Connecticott Collony, and there sold and disposed of them, as if it were a booty taken from an enemy; at other times have taken the inhabitants, who they have carried away prisoners into their Colony, where they have fined them at their will and pleasure, and in April last the Government of Connecticot sent several persons into the Narragansett Country, and by force and violence took from thence diverse persons of the Colony of Rhoad Island, and carried them to Connecticot, where that Government kept them prisoners, and inflicted upon them unjust and unreasonable fines, not suffering them to speak in their owne defence. Signed, Jahleel Brenton. Endorsed, Recd. Dec. 17, 1700. 2¾ pp. [Board of Trade. Proprieties, 5. No. 82; and 26. pp. 384–390.]
Dec. 17. 1019. Journal of Assembly of Barbados. The twelve members present fined some of the absent members and adjourned for a month. [Board of Trade. Barbados, 66. pp. 422, 423.]
Dec. 18.
1020. William Popple to William Lowndes. The Council of Trade and Plantations, being very solicitous for the dispatch of the Commissions that are to be sent to the Plantations for the trial of pirates there, pursuant to the late Act of Parliament for the more effectual suppression of Piracy, desire you to move the Lords of the Treasury to give effectual directions to Mr. Baker for the expediting them, together with the duplicates to be sent to Mr. Larkin, with all possible dispatch, and for furnishing them with at least 100 of the aforesaid Acts to be distributed in the Plantations. [Board of Trade. Plantations General, 35. pp. 360, 361.]
Dec. 18.
1021. William Popple to the Attorney and Solicitor General. The Council of Trade and Plantations having, in pursuance of His Majesty's Order in Council, March 9, 1698/9, signified to the Governor and Company of Connecticot, that it is His Majesty's inherent right to receive and determine appeals from all his Colonies in America, and accordingly required them to allow such persons as shall think themselves agrieved by sentences in the Courts of that Colony to appeal to His Majesty in Council, in order to a final hearing and determination thereof; but the said Governor and Company having declined to give obedience thereunto, and insisted upon their right to determine finally all causes in the Courts of the said Colony, without admitting any appeal from thence to His Majesty, their Lordships send you the enclosed extract of the Charter of that Colony, in which there being no express reservation made for appeals from thence to His Majesty, they desire your opinion whether, without any such reservation, His Majesty have not always an inherent right to receive and determine appeals from all his Colonies in America as has already been declared, and by what means the said Governor and Company may best be obliged to comply with what has been required from them in this matter. [Board of Trade. Proprieties, 26. pp. 403, 404.]
Dec. 18.
1022. J. Burchett to William Popple. Lord Bellomont having requested my Lords of the Admiralty that he bee re-imbursed his charges for the parcel of shipp-timber he is sending home, they desire to know whether the Lords Commissioners for Trade gave him any directions for purchasing and sending home the said timber, Mr. Secretary Vernon having acquainted them that he had no commands for doing the same. Signed, J. Burchett. Endorsed, Recd. Read Dec. 19, 1700. Addressed. ¾ p. [Board of Trade. New York, 11. No. 2; and 55. pp. 61, 62.]
Dec. 18.
1023. Mr. Secretary Hedges to the Council of Trade and Plantations. The inhabitants of the town of New York having represented that they have at the expense of above 3,000l. erected and settled a Church there for performing Divine Service according to the usage of the Church of England, and that they are under apprehensions that the same will be taken from them upon a flaw or pretended one in their Charter, and having prayed that His Majesty would be pleased to grant them His Royal Letter to the Governor there, requiring him not to proceed definitively upon that point, until the whole matter has been first layd before His Majesty in Council here; I have layd the same before the King, and their desire appearing to His Majesty to be very reasonable, he has been pleased to command me to acquaint your Lordships therewith, to the end that, if you have no objection against it, a letter pursuant thereunto may be forthwith prepared for His Majesty's Royal signature. Signed, C. Hedges. Endorsed, Recd. Read Dec. 19, 1700. 1 p. [Board of Trade. New York, 11. No. 3; and 55. p. 63.]
Dec. 18. 1024. Minutes of Council of Virginia. A message from the Burgesses was delivered, recommending that the Records of this Government, which still remaines at James City, be with all convenient expedition removed to the place appointed for keeping the Secretary's Office in His Majesty's Royal College of William and Mary, and that the Records belonging to the House of Burgesses be likewise removed thence and placed in the Chamber appointed for the Clerk of the House of Burgesses in the aforesaid College. The Council concurred, and the Hon. Edmund Jenings, Deputy Secretary, was ordered to cause the same to be done with all convenient speed. It was referred to the consideration of the Council to find one to be Attorney General and some fit person to be Judge of the Admiralty, in place of Edward Hill, decd.
Upon the letter from the Council of Trade, Aug. 1st, ordered that Mr. Secretary, etc., render an exact account of the method of procedure in the Courts.
Ordered that Mr. Secretary prepare an abstract of his office and of all matters and things that he hath under his charge.
Ordered that the Clerk of the General Court, at each respective General Court, set up at the Court House a list of lands found to escheat to His Majesty since the preceding General Court, that all persons concerned may appear at the next General-Court.
Dec. 19. Ordered that public notice be given again prohibiting the seating land in Pomunkey Neck or upon Blackwater Swamp, until that matter is adjusted by the Courts, and that the Attorney General prosecute those who have so settled without licence since it was forbidden, and that noe person already seated without full and absolute grant make any waste thereupon. [Board of Trade. Virginia, 55. pp. 47–51.]
Dec. 18. 1025. Journal of House of Burgesses of Virginia. The House returned thanks to His Excellency for his speech of the 16th, and desired the concurrence of the Council in their resolves touching the removal of the Records of this Government belonging to the Secretary's office. (And see preceding abstract.)
Report of the Committee of Grievances ordered to lie upon the table.
Robert Beverley, a Member of this House, complaining that within less than ten days of the beginning of this Sessions a process in law was served at his Plantation in Elizabeth City County by means of Samuel Selden, the said process was declared a breach of the privilege of the House, the proceedings thereupon void, and Selden sent for in custody of the Messenger, to answer the said breach.
Dec. 19. The House was called over and the absence of those that did not appear was excused.
Bill for making the French Refugees at Mannikin a separate parish, etc., read a first time.
Report of the Committee of Claims relating to the charge of the pirates, etc., ordered to lie upon the table.
Report of Committee upon the Grievance from Norfolk County considered. After a long debate, when the Burgesses of the County were allowed to speak as often as they thought necessary, the grievance was rejected.
Upon report of the Committee upon the propositions of several inhabitants of the Countys of Charles City and Isle of Wight, ordered that a Bill be prepared to continue the Act made last Assembly, prohibiting the exportation of Indian Corn, a year longer in force than is provided by the said Act.
The House agreed to the report of the Committee upon the Grievance of several inhabitants of James City and New Kent Countys, deciding that the Laws already made sufficiently provide for the apprehension and punishment of outlying negroes.
The House agreed to the report of the Committee upon the Grievance of several inhabitants of New Kent and Henrico Countys, praying that a Bridge be built over Chickahominy Swamp, convenient to both Countys, and that the Law relating to the making of bridges be amended, and ordered that it be referred to the consideration of the next Session of Assembly. Similar order upon the Grievance of several inhabitants of Charles City County on the South side James River, praying that they may be permitted to build a Court House on the South Side, and that the County may not be divided.
The House agreed to the report of the Committee, upon the Grievances from Middlesex County and Henrico County praying that there be no Circular Judges, that they are not sensible of any such jurisdiction intended to be established, and therefore ordered that the Grievance be rejected.
Ordered that the Grievance from Middlesex County, praying that the Law for the imposition of 4d. per gallon upon liquors be repealed, rejected.
Grievances from Accomack County relating to surveyors marking trees, and for the appointing some way for the trial of criminals, rejected, the existing Laws being held sufficient.
The House agreed with the report of the Committee upon several Grievances from Accomack County, that many articles therein are impertinent and frivolous, and the rest already sufficiently provided for.
Petition of Robert Blight, that the Schoolmasters in every Parish may be chosen Clerks, rejected.
Petition of Joshua Broadbent, to keep a Ferry at Tindall's Point, rejected.
Upon the letter of Mr. John Walker to His Excellency, to be admitted to seat and give other encouragement to some of the French Refugees, the House agreed with the Committee's report that the Assembly's consideration is not required, but that Walker, with His Excellency's permission, may extend his charity to the Refugees as he shall think fit.
The House agreed with the report of the Committee that the Propositions and Grievances from Surrey County are matter of great consequence and ought to be redressed. Ordered that they be referred with other Grievances to the next Session of the Assembly.
Grievance from several inhabitants of Henrico County, that no impositions be laid contrary to Charter, rejected, there being none intended to be laid.
Grievance from Northampton County praying that some course may be taken for prevention of mischiefs from unruly horses, etc., rejected.
Report of the Committee of Claims upon the services of the Committee for Revisal of the Laws considered and referred till to-morrow. [Board of Trade. Virginia, 54. pp. 73–83.]
Dec. 18. 1026. Minutes of Council in Assembly of Virginia. Several resolves of the Burgesses were presented to His Excellency in Council. See preceding abstracts. [Board of Trade. Virginia, 55. pp. 319, 320.]
Dec. 19.
1027. William Popple to Josiah Burchett. The Lords Commissioners for Trade and Plantations did not give the Earle of Bellomont any directions for the purchasing and sending home the parcel of ship-timber that you mention, but his Lordship was willing for His Majesty's service to make this tryal and advance the money, upon assurance given him by the ship-wrights at New Yorke, that this is choice good timber and fit for the use of His Majesty's Navy. [Board of Trade. New York, 55. p. 62.]
Dec. 19.
1028. Council of Trade and Plantations to Mr. Secretary Vernon. We have lately received from the Earl of Bellomont some important passages relating to the Forts at Albany and Schenectady, which we send you, with the copy of an address from the inhabitants of Albany. Being very sensible it is necessary that some speedy and effectual care be taken for the reparation of those Forts, we shall press the Earle of Bellomont to use his utmost endeavours to perswade the General Assembly of New York to take care of that matter. But having already represented to their Excellencies, the late Lords Justices, Oct. 4, that we did neither conceive the Province of New York to be able singly to bear the charge of erecting and maintaining such Forts as might there be necessary, nor, tho' it were able, that it would be reasonable to expect it should alone provide for the defence of a Frontier, wherein the security of all His Majesty's other Plantations on that Continent is concerned, and having thereupon proposed to their Excellencies what we humbly conceived most expedient for the effecting of that work, we desire you would please to lay this whole matter before His Majesty, together with our foresaid report for such speedy directions thereupon as His Majesty shall think fit. Signed, Stamford, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Abr. Hill, Geo. Stepney, Mat. Prior. [Board of Trade. New York, 55. pp. 64, 65; and (rough draft) 44a. No. 56.]
Dec. 19.
1029. Council of Trade and Plantations to the Rt. Hon. the Earl of Tankerville. We take leave to acquaint you that your Lordship as Lord Privy Seal is one of the Commissioners for Trade and Plantations, and that we shall be glad of your Lordship's assistance at this Board whenever your other affairs will permit. Signed, Stamford, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Abr. Hill, Geo. Stepney, Math. Prior. Mem. The like letter was written to the Lord Godolphin, as First Commissioner of the Treasury. [Board of Trade. Miscellanies, 11. p. 95.]
Dec. 19.
1030. Order of King in Council, referring enclosed petition to the Council of Trade and Plantations for their report. The Lords Commissioners are to write to the Governor of Barbados to direct the Court of Chancery to sit according to ancient usage for the dispatch of business, and preventing the mischief arising to suitors by unnecessary delays. Signed, Edward Southwell. Endorsed, Recd. Read Dec. 30, 1700. 1 p. Enclosed,
1030. i. Petition of Thomas Hodges to the King. Petitioner and many others are great sufferers by the present administration of Justice in Barbados, particularly in the Court of Chancery, which hath done very little business for three years, and by frequent adjournments and delays hundreds of causes remain undecided, several of them being of many years standing. Such Orders as have been hitherto sent for the better administration of justice there, have yet had but little effect. The Governors have sufficient power to cause a better execution of the Laws. Their remisness may proceed either from their unskilfulness in the duties of a Chancellor and Chief Justice, or to the influence of great presents there made to them, which do much exceed their salary. It do's likewise contribute much to the obstruction of justice there, that some persons much indebted, and who have many suits against them, are appointed to sit in the judicatures of that Island. It is become almost vain to seek for the recovery of any legal right in that Island. Copy. 1½ pp.
1030. ii. The case of Thomas Hodges, showing the losses he has endured through the obstruction of the Court of Chancery. Left a legacy by John Horne of Shalford, Essex, to be paid out of his Plantation in Barbados by his brother Thomas Horne, the delays of the Court of Chancery induced Major Pilgrin, his Attorney in that Island, to make a composition with defendant, against which plaintiff directed Mr. Clutton, the Attorney General, to move, who could not do so, as the Court of Chancery did not sit for 5 months, etc. Copy. 3¼ pp. [Board of Trade. Barbados, 8. Nos. 67, 67.i., ii.; and 45. pp. 196–205.]
Dec. 19.
1031. Order of King in Council, referring enclosed petition to the Council of Trade and Plantations. Signed, Edward Southwell. Endorsed, Recd. Jan. 10, Read Jan. 14, 1700/1. ¾ p. Enclosed,
1031. i. Petition of Robert Chaplin of London, merchant, Guardian of Charles Pye, son and heir of Col. Edward Pye, late of Maryland, who was brother of Walter Pye, late of Jamaica, merchant, who died intestate, and Thomas Ashburne, of Loganye in the Parish of St. Andrews, Jamaica. Petitioners pray to be heard before the Act of the Assembly of Jamaica, to oblige the parishes of St. Katherine and St. Andrew to build a bridge over the Rio Cobra, be approved, in regard the same is prejudicial to their Ferry over the same River. Copy. 1¾ pp. [Board of Trade. Jamaica, 9. Nos. 25, 25.i.; and 57. pp. 117–120.]
Dec. 19. 1032. Minutes of Council of the Massachusetts Bay. Wait Winthrop, Chairman of the Committee appointed Nov. 18, presented the draught of the methods of proceeding in the several Courts prepared by the Committee, which, being read and an addition made, was approved as the accompt to be transmitted to the Lords Justices. [Board of Trade. Massachusetts Bay, 2. p. 24.]
Dec. 19. 1033. Journal of Council of Trade and Plantations. Letter from Mr. Burchet, Dec. 18, read. Paragraph of Lord Bellomont's letter, Oct. 17, relating to the Fortune, and his letter to the Admiralty therein mentioned, read. Reply to Mr. Burchet agreed upon and sent.
Letter to Mr. Secretary Vernon about the Ports at Albany, etc., signed. Draught of a letter to Lord Bellomont upon the same subject ordered.
Letters to Lord Tankerville and Lord Godolphin signed.
Letter from Mr. Secretary Hedges, Dec. 18, read. Mr. Champante, consulted, declared himself wholly ignorant of the matter referred to. Ordered that Sir Edmund Andross and Mr. Randolph be sent for, to enquire of them about it.
Secretary ordered to write to Mr. Attorney General as No. 1035.
Dec. 20. Sir Edmund Andros said that there is an English Church at New York a little out of town, which was built by Col. Fletcher, and that he supposes the ground belonged to the King. Mr. Randolph said also that there is such a Church, but that he knows nothing about the settling or endowment of it. Letter to Mr. Secretary Hedges thereupon agreed upon and signed.
Letter to Lord Bellomont signed and ordered to be sent by way of Maryland.
Letter from Lord Bellomont, Oct. 17, further considered, and directions given for reply. [Board of Trade. Journal, 13. pp. 291–295; and 97. Nos. 223, 224.]
Dec. 20.
1034. Council of Trade and Plantations to the Rt. Hon. Mr. Secretary Hedges. In reply to your letter of the 18th, we have not been informed by the Earle of Bellomont of any intention to the prejudice of the Church, and have no objection why a letter under His Majesty's Royal Signature may not be sent to his Lordship as is proposed. Signed, Stamford, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Geo. Stepney. [Board of Trade. New York, 55. pp. 65, 66; and (rough draft) 44.A. No. 57.]
Dec. 20.
1035. William Popple to Sir John Trevor. The Lords Commissioners for Trade and Plantations considering that it is a matter of the highest consequence to His Majesty's service in the Plantations that the Governors of Proprieties there be qualified by His Majesty's approbation of them, according to the Act for Preventing Frauds, etc.; and that none of them (except one for ye Bahama Islands) are so qualified, desire to know whether you have reported to His Majesty your opinion how the Proprietors in His Majesty's Plantations may be more effectually obliged to present the names of the respective Governors appointed by them for His Majesty's allowance or disallowance, pursuant to ye said Act, according as is directed by His Majesty's Order in Council, Nov. 9, 1699. [Board of Trade. Proprieties, 26. p. 405.]
Dec. 20.
1036. Lt. Gov. Wm. Stoughton to the Council of Trade and Plantations. In obedience to the order of the Lords Justices in Council, July 18, I transmit an account of the method of proceedings in the several Courts, and hope it will answer His Majesty's and your Lordships' expectations. I crave leave further to observe to your Lordships the present r[epose] and quiet of this Province after the late alarm of trou[bles] threatened from the Indians, and how necessary it is in order to the continuanc[e] of this quiet that the French Priests and Missionaries be removed from their residence among them, the Indians taking measures from their evil counsels and suggestions, and are bigotted in their zeal to their pernicious and damnable principles. But the removal of those Incendiaries is rendered difficult whilst the claims and pretensions to the boundaries of territory and dominion betwixt the English and French are depending undetermined, or at least the determination not known in the Plantations. This Government have lately erected a Trading House with a fortification, and setled a garrison at Casco Bay, for accommodating of Trade with the Indians, and, by kind usage and treatment of them therein, hope to oblige them, and to divert their conversation and commerce with the French, and have likewise made provision for Trade with them at Saco Fort and other places, and, by means of their drawing thither, to gain the advantage for instructing of them in the true Christian Religion, to which end two English Ministers are sent to reside in the Eastern parts, one at the Fort at Saco and the other at Casco Fort. I am also credibly informed that the French in Nova Scotia have slighted their fortification at the River St. John's, and are removed to Port Royal, where they are fortifying and setling a strong garrison, having artillery and soldiers sent from France this year for that purpose, and are likewise about to settle a garrison at the River St. Georges; and possibly think to make encroachments further westward into His Majesty's territory, even as far as the River of Kennebeck, whereto they have lately made pretensions, tho' altogether groundless, and without any shew of reason or justice; however hereby they will strengthen and confirm the Indians in their interests and have the command over them, and annoy our Fishery, unless a stop be put thereto by an adjustment and settlement of the boundarys. Signed, Wm. Stoughton. Endorsed, Recd. Feb. 19, Read April 1, 1700/1. 1¾ pp. Enclosed,
1036. i. Abstract of preceding. 1 p.
1036. ii. An account of the method of proceedings in the several Courts of Justice in the Massachusetts Bay. Signed, Isa. Addington. Dec. 19, 1700. 5¼ pp. Endorsed, Recd. Feb. 19, 1700/1. [Board of Trade. New England, 11. Nos. 32, 32.i., ii.; and (without enclosures) 38. pp. 388–391.]
Dec. 20.
1037. Council of Trade and Plantations to Governor the Earl of Bellomont. We have very lately received your Lordship's letters of Oct. 17, 24 and 28, and have them now under consideration, and will make what dispatch we can. Meanwhile, having considered what you write as to the Forts at Albany and Schenectady, and more particularly the Address of the inhabitants of Albany, we think that matter of so great importance that we would not make any delay to acquaint you that we entirely agree with the sense of the said Address and with whatever your Lordship has writ about the necessity of repairing those Forts. The orders that were sent you for building a Fort in the Onondage Country were in pursuance of your own advices upon occasion of the alarm of the General Insurrection of Indians, which worke we also thought very necessary, but those orders were never intended to hinder or interfere with the repairing of Albany and Schenectady at the same time, which we think so absolutely needfull, that unless those two nearest Forts be kept up in a sufficient state of defence, the building of a fort in so remote a part as the Onondage Country will, in case of war, by it's falling into the enemies hands without our having any other place of retreat and security for our Indians, be of much worse consequence that if there were no such fort. We earnestly entreat you therefore to use your utmost endeavours, that the Assembly of New York do speedily apply themselves to provide for the repairing of those Forts, towards which you seemed by your letter of Feb. 28 to hope they might be disposed to furnish materials, and tho' the hopes you there express of improving the Revenue so as to answer the rest of that charge be built upon the expectation of having a good Judge and Attorney General sent from hence to your assistance, which is not yet done, we desire your Lordship[s] however to press the Assembly therein by all the arguments and means that you judge most likely to be efficacious. If they cannot be disposed to be at the charge of building those forts of stone, they may do it of sodd. If they cannot provide for the whole charge all at once, they may make a beginning with what is most necessary. It is of the greatest importance that the work be done, and therefore the utmost endeavours must be used in it. And we further desire your Lordship, either by writing or speaking to the Governors of His Majesty's other Plantations in your neighbourhood to endeavour to dispose them as much as possible to influence the Councils and Assemblies in their respective Governments to a contribution towards so necessary a worke. Signed, Stamford, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Geo. Stepney. [Board of Trade. New York, 55. pp. 66–69; and (rough draft) 44.A. No. 58.]
Dec. 20. 1038. Minutes of Council of Virginia. Capt. Passenger attending, upon consideration of his letters of Nov. 19 and 30, wherein he sets forth that by reason of the sudden and frequent storms in the winter season and dangerous shoals and sands in the Bay, and the hard and excessive frost, he cannot nor dare he adventure to hazard H.M.S. Shorham by cruzing in the Bay the winter season, the Council were of opinion that it is most for H.M. service in discovering illegal traders and the Country's security in detecting and beating off Pyrates, that he cruize in the Bay at all fair and seasonable opportunities, but it is left to his care and conduct. Ordered that a good substantial sloop and good sailer be bought, Capt. Passenger to value her and fit her out in what he can out of the King's Store, and with her to cruze upon all occasions in the Bay according to the proposals in his letter. His former warrant for impressing men was deemed sufficient.
Upon reading an Order of Council, James City, April 24, 1689, concerning the bounds betwixt Surry and Charles City County, ordered that the Courts of each the aforesaid Counties appoint what number of gentlemen they think fit to dispute the matter before the next General Court.
Petition of Samuel Parrice and Geoffrey Dyer, for the remission of their fines for non-appearance as jurors, after having been upon an inquest in the case of Elizabeth Day, suspected of being murdered by Tho' Day her husband, granted.
Mr. Benjamin Harrison by petition showing that there is great difficulty in framing an account of the tryal of all causes in the several Courts, ordered that at all times he have free access to and copies of all papers and records in any Office for the better performing that service.
Dec. 21. Instructions for Cap. Passenger, as above, signed and delivered to him. His letter of 21st inst referred to the Burgesses. [Board of Trade. Virginia, 55. pp. 51–57.]
Dec 20. 1039. Journal of the House of Burgesses of Virginia. Bill concerning the French Refugees read a second time and it's title chosen. Read a third time, passed and sent up. Committee to examine the Treasurer's Excise accounts appointed. The House was called over. The House resolved itself into a Committee to consider the report of the Committee of Public Claims relating to the charge of the pirates. It was resolved (1) that the several charges relating to the pirates be paid, (2) that the charge relating to the pirates is not a country charge. Bill for continuing the Act prohibiting the exportation of Indian Corn read the first time, second time and third time, and passed and sent up. Allowances made (in detail) for the reward of the Committee for Revisall of the Laws out of money arising from the Excise.