America and West Indies: May 1701, 6-10

Calendar of State Papers Colonial, America and West Indies: Volume 19, 1701. Originally published by His Majesty's Stationery Office, London, 1910.

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'America and West Indies: May 1701, 6-10', in Calendar of State Papers Colonial, America and West Indies: Volume 19, 1701, (London, 1910) pp. 209-226. British History Online [accessed 25 April 2024]

May 1701

May 6. Mr. Nicholas Hallam desiring a copy of the letter writ to Mr. Attorney and Mr. Solicitor General, Dec. 18, and of the papers therein enclosed, and that the same may now be directed to both or either of them, ordered accordingly.
Letter to the Treasury signed and sent.
Representation upon Col. Codrington's late letters signed.
Letter from Col. Blakiston, Jan. 20, read. Directions given for preparing a representation for supplying three vacancies in Council of Maryland.
A scheme of the judicial proceedings both civil and criminal, in the several Courts in Maryland, inclosed in above letter, was laid before the Board.
Mr. Randolph representing the want of authentick copies of the two Acts of Pennsylvania, against Pirates and for preventing frauds, to be laid before the House of Lords, ordered that Mr. Solicitor General be desired to deliver to him for that use those Acts, which were sent to him July 26th.
Mr. Haistwell, Mr. Field and Mr. Wyeth presented a paper of objections against the Maryland Act about Religion now under consideration, which was read.
Mr. Clayton, a Member of Parliament for Liverpool, complaining to the Board of some trouble given to a vessel of his at Nevis, upon account of the Master's being a French man endenized, he thought fit, after some little discourse to apply himself first to the Commissioners of the Customs and afterwards to return hither for anything more that he should find necessary for redress in that matter.
May 7. Letter from Mr. Secretary Vernon, May 5, referring the petition of Mr. Jennings, read.
Mr. Thurston presented a Memorial, which was read and a letter writ thereon to the Treasury and delivered to him.
Letter to Capt. Nanfan signed and ordered to be sent.
The Secretary laid before the Board several lists of papers in this office relating to complaints against the Proprietary Governments. Ordered that Mr. Randolph, together with Mr. Serjeant Darnel and Mr. Mountague, Counsel for the King upon the Bill depending before the House of Lords for reuniting the Proprietary Governments to the Crown, have notice to attend this Board to-morrow morning about that matter.
Representation about Members of Council for Maryland signed.
Some alterations having been made amongst the officers in the service of this Board, some memorandums relating to the present state of those places were laid before the Board and ordered to be entered. [Board of Trade. Journal, 14. pp. 16–22; and 98. Nos. 80–82.]
May 6.
405. Council of Trade and Plantations to the King. In pursuance of an Order of their Excellencies the late Lords Justices, directions having been given to Governor Codrington to enquire into the complaints against Lieut.-Governor Norton, we have lately received an account from Governor Codrington of his proceedings, and he having (as we conceive with great reason) suspended Norton from being Lieut.-Governor till your Majesty's pleasure be further known, we humbly offer that he may be removed and some other person appointed to supply that place. And whereas we have been further informed by Col. Codrington that Capt. Thomas Delaval, Lieut.-Governor of Mountserrat, is lately dead, and that upon the request of your Majesty's Council in that Island, he intended, in pursuance of his Commission, to grant unto Col. Anthony Hodges, a Member of that Council (of good reputation and estate in the Island, and who has been active in your Majesty's service in those parts), a Commision to be Lieut.-Governor of the said Island, we humbly represent that in case your Majesty shall think fit to appoint an inhabitant of that Island to be Lieut.-Governor thereof, the said Hodges may be proper for that imployment. Signed, Stamford, Lexington, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Abr. Hill, Mat. Prior. [C.O. 153, 7. pp. 167, 168.]
May 6. 406. John Feild, etc., to the Council of Trade and Plantations. We take leave humbly to acquaint you on behalf of our Friends in Maryland, that they esteem themselves under hard usage that a Law contrary to their fundamental settlement and the ancient Law of that Province should be prepared here, and sent over there, to raise and levy money upon them and seize their goods, for they do not understand that it's customary here for the King to be advised to prepare Bills for money and give directions to have them passed into Acts. Besides, they humbly conceive it may be and is a great injury to ye King's subjects in his Plantations to have Laws executed upon them there for several years, which the King and his Councell here have not thought meet to allow, because not agreeable to the Laws here, yet his subjects there have greatly suffered by such Laws never allowed here. These things, with their being deprived of that liberty with security to their property, which they have enjoyed in three Kings' reigns, that they should now be deprived of or have infringed, is surprizing and afflicting etc., and that now they should be deprived of that little honey they have gott to live on for the maintenance of such that never laboured for it, but would be maintained by the fruits of others' industry. We therefore intreat on our friends' behalf that nothing may be done contrary to their antient Establishment, nor such a Bill sent over, but the former Act repealed, and our Friends thereby eased by not being now compelled to maintain such Ministers they do not hear. We also offer the following exceptions to the new Bill:—(1) It deprives them that are ancient inhabitants of that liberty of conscience with security to their property upon encouragement of which they and their fathers settled there, and have a Law for, and have enjoyed above 40 years. (2) It allows of select vestrys, contrary to the Law here. (3) It enacts vestrymen to dispose of gifts, goods and chatteles as shall come to their hands, which as worded in the Act, seems to be without regard to the will of the donor or testator, and have a power to impose oaths. (4) Contrary to the Law here, it imposes the oath and ye subscribing the Test and the Association by all vestrymen and churchwardens, and deprives the people of their right of vestry that refuse. (5) It contradicts the Act of Toleration here by exempting that which the latter doth not except, as also the Act of solemn affirmation here, which admits the Quakers' solemn affirmation to be accepted instead of an oath. (6) It is contrary to the Laws of England, and doth not correspond with the Governor's Commission, nor the Proprietor's Patent. (7) The Bill contradicts itself, by allowing, after the exemption, the Dissenters shall have the full benefit of all exemptions etc. by the said Act granted and allowed according to the true intent and meaning of the said Act, which never intended what by this Bill is enacted. (8) It makes marriages of Desenters from the Church of England illegal, although they have all the essentials relating to marriage, as consent of parents etc., if a priest can be had, if not done by him. (9) It allows, when the penalty therein expressed is inflicted, such marriages that are forbid by the table of marriages used by the Church of England. (10) It provides not against marriages without consent of parents etc., or for publication, if 5 shillings be paid unto the priest, and he can be had, which clandestine marriages have proved a great grief to parents and ruin to their children by having them stolen and so married. (11) It imposeth so great a charge upon poor servants that have their parents' consent and are willing to have publication made, but not well able to defray so great a charge as 5s. Signed, John Feild, E. Haistwell, Jos. Wyeth. Endorsed, Recd. Read May 6, 1701. 3 pp. [C.O. 5, 715. No. 37; and 5, 726. pp. 44–50.]
May 6. 407. Mr. Popple to Sir John Hawles. There being occasion to produce before the House of Lords authentick copies of Two Acts of Pennsylvania, Feb. 1699/1700, which I sent you July 26th, the Council of Trade and Plantations desire you to deliver them to the bearer, Mr. Randolph. [C.O. 5, 1289. p. 65.]
May 6.
408. Council of Trade and Plantations to the Lords Commissioners of the Treasury. For want of the incidental charges transmitted to your Lordships, Jan. 17, our Office is exceedingly straitned, and without that assistance ye business cannot be carried on. We also desire your Lordships to be mindfull of the arrears of allowances and salaries due unto our office, and that you would be pleased to order some payment to ourselves and officers. Signed, Abr. Hill, Mat. Prior, Stamford, Ph. Meadows, Jon. Pollexfen. [Board of Trade. Miscellanies, 11. p. 105.]
May 7. 409. Memorandum of some changes of officers in the service of the Board of Trade. [Board of Trade. Miscellanies, 11. pp. 106–108.]
May 7.
410. Council of Trade and Plantations to the King. Having understood from Col. Blakiston that three of the Members of your Majesty's Council in Maryland are lately dead; and it being very expedient, as we have formerly represented, that the number of Counsellors there be always kept up full, we humbly offer to your Majesty that Edward Lloyd, William Holland and James Saunders, represented to us by that Governor as persons fit for that employment, be accordingly constituted Members of your Majesty's said Council to fill up the present vacancies. Signed, Stamford, Lexington, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Abraham Hill, Mat. Prior. [C.O. 5, 726. p. 65.]
May 7.
411. Council of Trade and Plantations to Lieut.-Governor Nanfan. Having understood from several persons that the Earl of Bellomont departed this life at New York, March 5 last, and that you were then at Barbados, from whence we do not doubt of your return to New Yorke and taking possession of that Government before this letter arrives, we have thought fit hereby to require you to be very diligent and circumspect in the discharge of your duty, according to the powers and authorities devolved upon you by H.M. Commission and Instructions to the Earl of Bellomont as Governor of New York; and in the execution thereof we more especially advise you not to engage yourself in the heats and animosities of parties, but to use such moderation as may best conduce to H.M. service and the good of the Colony. By H.M. Commission we conceive that from the time of your entering upon that Government, you will be intituled not only to the salary of 200l. per annum as Lieut.-Governor, but also to one moiety of the remaining 400l. appointed for the Governor in Chief, which being a competency judged sufficient for maintaining the dignity of that Government untill H.M. further pleasure, you are not to receive, nor pass any Act for receiving any present or gratuity to yourself; nor are you to pass any other Acts of Assembly whatsoever but such as are immediately necessary for the preservation of the Peace and Well-fare of that Province untill further order. We suppose several of our letters to Lord Bellomont, which were in his Lordship's custody, will now have been put into your hands. You will also receive our letters to him of the 29th and 30th of last month, which were finished by us before we heard the news of his death. Whatever you find in any of those letters relating to the affairs of New Yorke, you are to take care of, as if they had been writ to yourself. And whatever we have required from his Lordship relating to that Province, which has not yet been done, you are also to give us particular account of. But as for those passages which respect any of the other Colonies that were under his Government, you will easily judge you are not to concern yourself in directing anything thereupon, but may nevertheless write unto us whatever you think proper for our information. We cannot but take particular notice that tho' several letters are arrived from New York, giving an account of the death of the Earl of Bellomont, we nevertheless have not any such information from the Council nor any officer of that Government. As we were about to conclude this letter, we have received one from the Earl of Bellomont, Feb. 21st, wherein he has sent us several Minutes of the Council of New York relating to complaints against the widow van Cortland, for concealing the Books of Accounts of H.M. Revenue, etc., which being a matter of great importance, and all that we know of it being (according to those Minutes) entered in the Council Books, we recommend it to your care to pursue such methods as may most effectually recover the accounts that are wanting, prevent any wrong to H.M., and enable the present Collector and the Commissioners for Accounts to perform the respective Trusts that have been reposed in them. Lest some of our letters to his Lordship should not come to your hand we send you extracts of such parts as are most important for your information. And whereas H.M. for the safety of his Province of New Yorke has remitted or given credit to his Lordship for 2,500l., viz., 500l. for a Fort in the Onondage Country, and 2,000l. for Albany and Schenectady, we expect from you an account what progress has been made in those services, and what is further to be done with the money he remitted. Your very loving friends, Signed, Stamford, Lexington, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Abr. Hill, Math. Prior. Subjoined, Memoranda of extracts of letters enclosed. [C.O. 5, 1118. pp. 278–284; and 5, 1079. No. 71.]
May 7. 412. Deposition of Lieut. John Riggs as to the arrears of pay due to him, 410l. 2s. 2d. out of 616l. 4s. 8d. pay due from Feb. 16, 169¾—May 10, 1701. Signed, John Riggs. 1 large p. [C.O. 5, 1046. No. 18.]
[? May 7.] 413. Capt. James Weems, Capt. Peter Mathews, Lieut. John Riggs, and Lieut. Charles Ashfeild, on behalf of themselves and the rest of the subalterns of H.M. four Foot Companies, to Col. Smith and the rest of the Council of New York. Said officers have laboured under great difficulties for a long time in supporting themselves by credit for want of the greater part of their pay and subsistance. Since Lord Bellomont's death their difficulties are much increased for want of a clear understanding of what sum is paid to him or his agent in England. We offer that your Honours intercede with the Countess to have the view of his Lordship's accounts of moneys received for the Companies. No signature, date or endorsement. ¾ p. [C.O. 5, 1046. No. 19.]
May 7. 414. John Thurston to Mr. [Popple?]. The last ships designed for Newfoundland this season sail within six days and not any money as yet ordered by the Treasury for the additional men lately sent thither. I humbly beg you will give me a line to Mr. Lownds signifying the same to him, that the Lords may be moved to direct payment of the money intended for the soldiers before it be too late. Signed, J. Thurston. Endorsed, Recd. Read May 7, 1701. 1 p. [C.O. 194, 2. No. 42; and 195, 2. pp. 441, 442.]
May 7.
415. Council of Trade and Plantations to the Lords Commissioners of the Treasury. Enclosing above letter. We further add that unless the money desired be paid before the going away of these ships, which are the last, we have reason to fear it may occasion great disorders in ye Fishery, by the unrulyness of the soldiers for want of their pay. Signed, Stamford, Lexington, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Abr. Hill, Mat. Prior. [C.O. 195, 2. p. 442.]
May 18/7.
on the River
416. Commandant Samuel Beeckman to the Lords Directors at the Chamber of Zeeland. Acknowledges receipt of letter Jan 16 (N.S.) by the De Jonge Jan. Refers to her cargo and the crops: the need of slaves for developing the new Plantations and the great mortality amongst them: asks for a good smith and gunsmith, 18 soldiers, two carpenters and a good trumpeter; refers to the new sugar-works on the Company's Plantations at Westsonburg and New Middelburg; refers to trade in Curaçao salt etc. Signed, Samuel Beeckman. Endorsed, Read Aug. [?] 4, 1701. 16 pp. Holograph. Dutch. Enclosed,
416. i. List of enclosures, etc. (see below), and list of Bills of Exchange for slaves and horses sold (906l. 13s. 9d.). Endorsed, Entered, Aug. 31st, 1701. 1 p. Dutch.
416. ii. Inventory of all the Company's effects under the charge of Samuel Beekman, Commandant of the Colonies in anexe Revieren van Essequebe. April 13, 1701 (N.S.). 24 pp. Dutch.
416. iii. Invoice of the cargo shipped by Commandant Beekman in the De Jonge Jan, and consigned to the Dutch West India Company. 3 pp. Dutch.
416. iv. Petition for clearing and passport to Commandant Beeckman and Council, Rio Essequebo, Fort Kijkoveral, March 4 (N.S.), 1701. Dutch. 1 p.
416. v. Petition to the Council of the West India Company for supplies. Rio Essequebo, Fort Kijkoveral, March 4 (N.S.), 1701. Dutch. 1 p. [C.O. 116, 19. Nos. 6, 6. i.–v.]
May 8.
417. Order of King in Council. Approving of the Representation of May 6th, and directing Mr. Secretary Vernon to prepare a warrant for H.M. signature constituting Col. Anthony Hodges Lieut.-Governor of Mountserat during H.M. pleasure. Signed, John Povey. Endorsed, Recd. Read May 22, 1701. ¾ p. [C.O. 152, 4. No. 22; and 153, 7. p. 171.]
May 8.
418. Order of King in Council. Approving of Representation of May 6, and directing Mr. Secretary Vernon to prepare a letter for H.M. signature to be sent to Col. Codrington, declaring His Majesty's approbation of his proceedings and the removal of Capt. James Norton from being Lieut.-Governor of St. Christopher's ; as also that Col. Codrington appoint some other fit person to succeed him in that command, till H.M. further pleasure be known. Signed, John Povey. Endorsed, Recd. Read May 22, 1701. 1 p. [C.O. 152, 4. No. 23; and 153, 7. pp. 172, 173.]
May 8.
419. Order of King in Council. Referring enclosed petition to the Council of Trade and Plantations. Signed, John Povey. Endorsed, Recd. 9, Read 13 May, 1701. ½ p. Enclosed,
419. i. William Byrd to the King. Petitioner being a native of Virginia hath ever made it his particular study to inform himself of the affairs relating to it, that so he might render himself capable of cultivating your Majesty's interest in that remote part of your Empire. Prays to be appointed Secretary. Copy. 1 p. [C.O. 5, 1312. Nos. 10, 10. i.; and 5, 1360. pp. 79–81.]
May 8.
420. Council of Trade and Plantations to the Lords Spiritual and Temporal. In accordance with the Order of May 3, we lay before your Lordships lists of complaints received against the Proprietors and Charter Governments, and have ordered our Secretary to attend with the books wherein they are contained. Signed, Lexington, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Abr. Hill, Mat. Prior. Annexed,
420. i. Memorandum of papers referred to. [C.O. 5, 1289. pp. 66–88.]
May 8.
421. Order of King in Council. Ordering Edward Lloyd to be constituted a Member of Council of Maryland. Mr. Secretary Vernon to prepare a warrant for H.M. Royal Signature requiring Col. Blakiston to admit him accordingly. The like Order for William Holland and James Saunders. Signed, John Povey. Endorsed, Recd. Read May 22, 1701. 1 p. [C.O. 5, 715. No. 38; and 5, 722. p. 67.]
May 8. 422. Journal of Council of Trade and Plantations. Mr. Serjeant Darnel and Mr. Mountague attending, their Lordships communicated to them several papers that are in this office relating to complaints against Proprietary and Charter Governments in America.
Report to the House of Lords in answer to their Order of May 3rd signed, and together with lists of papers relating to complaints against Proprietors and Charter Governments, delivered to Lord Lexington, that his Lordship may present the same to that House.
The Secretary laid before the Board an account of money disbursed by him out of the 450l. that has been paid him on account of the incidental charges of this office, from the first establishment of it, March 25, 1696, till March 25, 1701, and amounts to 419l. 14s. 10d. Their Lordships examined it article by article, and signed it in testimony of their approbation and allowance thereof.
May 9. Letter from the Secretary to Mr. Taylor, Clerk of the Treasury, approved.
Mr. Serjeant Darnel and Mr. Montague again attending, their Lordships communicated to them divers papers of complaints against Proprietary Governments, and ordered that Mr. Randolph, Mr. Brenton and Mr. Bass have notice to attend to-morrow.
May 10. Order of the House of Lords, May 9, requiring all the papers in this office that concern Mr. Penn to be laid before that House, read. A list of such papers as may most concern him being made, Lord Lexington was pleased to lay the same before the House, and afterwards acquainted the Secretary that the papers therein mentioned may be communicated to Mr. Penn's Counsel upon the Bill depending before the House of Lords relating to Proprietary Governments.
Mr. Randolph, Mr. Bass and Mr. Brenton attending, their Lordships proceeded in considering of Instructions fit to be given the Counsel for the King upon the foresaid Bill. [Board of Trade. Journal, 14. pp. 22–27; and 98. Nos. 83–85.]
May 8.
At the College
of William
and Mary.
423. Minutes of Council of Virginia. H.E. laid before the Council a letter from Jos. Burchet, Jan. 24, 1700, wherein it is signified yt. the Southampton, fourth-rate, will soon be ready to relieve the Shoreham, and desiring that the latter may not be out of ye way when ye Southampton arrives, but may be in readiness to return. Whereupon it was the opinion of H.E. and Council that it is most for the safety and security of all ships and vessels outward bound to go in fleets or take convoy, and proposed to Capt. Passenger, of the Shoreham, that he should then take under his convoy all ships ready to sail for England, which he undertook.
Several letters from England and other parts being read, and giving great cause to believe that there either now is, or suddenly will be a vigorous warr on foot, H.E. and Council conceive it will be very dangerous for any vessel to go to sea, unless in fleets or under convoy. Ordered that the Collectors and Naval Officers clear no ship after June 6th, and that what ships they clear, they shall oblige them to come into ye mouth of James River to ye ussall place of making up fleets, and there to remaine till June 12th, in order to sayle. And if any vessel should not be ready to saile by yt. time, the Collectors and Naval Officers shall not clear them after yt. time until further orders. They are to give immediate notice of this order, unto the several Masters of Ships within their districts.
Ordered that the Collectors and Naval Officers make up their accounts with Mr. Auditor Byrd on June 9th, to be transmitted to England, it being certain there will be no opportunity of transmitting any matters to England until the next return of the fleet. Ordered that if in the interim they take any bills of exchange for the importation of liquor, servants or slaves, they either forthwith send them home themselves or else send them to Mr. Treasurer that he may transmit to England with this fleet.
Proclamation signed appointing a Publick Day of Thanksgiving for ye deliverance of the Colony from the great and rageing plague of Caterpillars, and for the great blessing in preserving unanimitie and concord between his most sacred Majestie and his Parliament, and ye inhabitants of this Colony in health, peace and tranquility, to be observed by the inhabitants of ye City of Williamsburgh and parts adjacent ye 5th June, and by all the others ye 19th June.
Notice of the embargo laid on ye ships after June 6th, and the arrangements made for convoy ordered to be communicated to H.E. Governor Blakiston that so, if he thinks fit, he may give directions for ye merchant ships in Maryland to take ye opportunity of joining the fleet or convoy to defend them from pirates or privateers; also to desire him that, for the better guard and defence of the coasts, he will give orders unto Capt. Coode, H.M. Advice Boate Messenger, that as soon as conveniency will permit, she may be down in the mouth of James River, to pursue such orders for H.M. service as shall from time to time be unto him given.
Notice to be given to all masters of ships that June 12 is sett for the time of sailing.
Ordered that Capt. Passenger send a sloop as soon as possible to cruise in ye Bay of Chesapeake, and if they meet any ship designed out of the Capes, that they stopp them and bring them into James River, to take the oppertunity of joyning with the fleet or a convoy.
Proclamation ordered to be prepared proroguing the Assembly to July 4th, and to lie ready in the office until it may be seen what further offers for H.M. service, others to be issued forth as H.E. sees fit.
Letter from the Council of Trade, Feb. 18, 1700/1, requiring a perfect account of ye state of defence of this Government considered. H.E. and Council were of opinion that ye whole matter relating to ye subject is already transmitted in ye most perticular manner possible by ye proceedings in Council of May 9, 1699, approved by the Burgesses, June 2, 1699. Therefore nothing more can be offered to their Lordships' consideration, only that ye powder being canon powder is not fit for ye use of small arms, neither will it keep, therefore it is conceived that ye best stores of warr to be sent for this country would be pistol powder and pistol bullets, which is fit for all manner of service, and some hand mortars and granadoes sutiable and fit for them, with Granadeer and Dragoon arms, all which is offered to their Lordships' consideration.
H.M. Letter, Feb. 2, 1700/1, concerning the trial of pirates etc. was read.
Capt. Passenger laying before H.E. and Council the state of ye La Paix, lately taken from the pyrates, H.E. and Council finding that she cannot be fitted out for service, that she hath been several times exposed for sale and none would purchase; yt. if she stays here, she will be rendered utterly uncapable for any service, and considering yt. several quantities of tobacco is likely to be left in country for want of fraight, upon the request of Capt. Passenger, they are of opinion yt. it will be for H.M. interest and service yt. Capt. Passenger load her home for England with tobacco.
H.E. and Council considering ye danger merchant ships may be in at this juncture in going out to sea, and willing to prevent and discover all pyrates and privateers or sea-rovers, which may haunt and infest these coasts. Ordered that the Col. or Commander in Chief of Princess Anne County provide one or more sufficient persons constantly to look out upon the sea-coasts and to continue performing that service until further orders, who, if they see any ship upon ye sea-coast, are diligently to observe her course, motions and actions, and perticularly if any boat be sent on shore, and if there appear any suspicion of their being pirates, immediately to give notice to the next Commission Officer of ye Militia, and he is forthwith to intimate the same to the Commander in Chief of the Militia in that County, who is hereby directed to take such care and give such orders as shall be necessary for the defence of his county, and for persueing and apprehending such suspicious persons as shall come on shore, and also to give notice to the Commander in Chief in the other counties lying on ye seacoasts, that they also may be prepared to defend themselves, and every Commander in Chief, upon intimation given as aforesaid is forthwith to dispatch an express to H.E., with a perticular account thereof, and of what orders and directions he hath therein given.
Ordered that a Council be held at H.M. Royal Colledge of William and Mary, June 9th next. Notice to be given to Mr. Byrd, Chas. Scarburgh and John Custis.
Whereas H.M. has laid his Royal Commands upon H.E. to send a compleat list of all ye Militia in Virginia, and how they are armed, and whereas there is a strong suspicion of a long and lasting war near at hand, and what thereof may fall to our lotts in these parts of the world, God only knows, ordered that all and every Col. and Commander in Chiefe of each County immediately issue orders to the several officers under their command to return a true and perfect list of the troops under their command and how they are fitted and equipt, setting the same down in distinct columns, and with all speed to return to the Council Office three fair copies of such lists, that they may be laid before the Council June 9th. And they are further required to take special care yt. the Laws for their appearance at musters, and being armed and equipt according to Law under the fines and penalties therein contained, be put in due and effectual execution.
Ordered that the Cols. and Commanders in Chief of all the Upper Frontier Counties within this Colony do with all expedition return an account to H.E. and Council of such persons to the number of 20 with ye officers as, being of the Lower Inhabitants of each of ye said Counties, are fitt and able to range and guard the frontiers of their respective Counties, if any occasion by an incursion or invasion of the Indians or any foreign enemy by land should soe require. [C.O. 5, 1409. pp. 91–98.]
May 8.
424. Minutes of Council in Assembly of Maryland. H.E. laid before the Board his intended speech to the Assembly, which the Council approved. The speech—"The last Assembly having continued some years, I was advised by H.M. Council that notwithstanding all things had been hapily enacted and concerted by them for the advantage of the Province, yet it would be to the general satisfaction of the inhabitants to have a new election, wherein I am glad to find so good a judgment of the people in sending so many of you whose services in the former Sessions have so well deserved from them, as also the other Gentlemen that appear with you, whose characters stand very fair with me. I must confess I am much in the dark as to the state of our Laws, which are of the greatest moment to us, and were sent home the last Assembly, and was not without hopes that long ere this I should have received some instructions concerning them, that if there had been any irregularity or false steps therein, to have had it corrected this Sessions. But some unexpected accidents, as we are informed, have alarmed Europe, and noe ships arriving from thence in some time we may justly conjecture was the impediment. But we are crowned with that blessing in having a Prince and Patron that will assert both our libertys and propertys with all that vigour, courage and conduct that ourselves can hope or wish for. I have now been some years amongst you, which has given me the opportunity to pass my scene of probation with you, and I will venture upon all the severity that reflection can produce, if I have not been strictly just to what I at first promised at my coming," etc.
The Members of Assembly were summoned from the State House to atend H.E. at the Council Chamber, and made the following appearances:—
For St. Mary's City George Muschamp.
For St. Mary's City Col. Henry Lowe.
For St. Mary's County Kenelm Chriseldine [Cheseidin.
p. 168].
For St. Mary's County Thomas Beale.
For St. Mary's County Major John Lowe.
For St. Mary's County Wm. Watts.
For Kent County Col. John Hynson.
For Kent County Col. Thomas Smith.
For Kent County Capt. John Whittington.
For Kent County John Salter.
Ann Arundell Count James Saunders.
Ann Arundell Count Col. William Holland.
Ann Arundell Count Saml. Young.
Ann Arundell Count Capt. John Dorsey.
Calvert County Major Walter Smith.
Calvert County William Parker.
Calvert County Elisha Hall.
Calvert County John Smith.
Charles County Lieut.-Col. James Smallwood.
Charles County Major William Dent.
Charles County Capt. Benjamin Hall.
Charles County Philip Lynes.
Baltimore County Major Edward Dorsey.
Baltimore County John Hall.
Baltimore County Saml. Sicklmore [Sycclemore, p. 169].
Baltimore County (Thos. Hammond, absent.)
Talbot County Lieut.-Col. Thomas Smithson.
Talbot County Col. Edward Lloyd.
Talbot County Richard Tilghman.
Talbot County Philemon Lloyd.
Dorchester County Dr. Jacob Lookerman [Lockerman,
p. 169].
Dorchester County Hugh Eccleston.
Dorchester County John Le Counte [Le Compt, p. 169].
Somersett County Col. William Whittington.
Somersett County John Bozeman.
Somersett County Capt. John Franklyn.
Cæcill County Col. John Thompson.
Cæcill County Col. St. Leger Codd.
Cæcill County William Harris.
Cæcill County Matthias Vanderhayden.
Prince George's County Thomas Greenfield.
Prince George's County William Hutchison.
Prince George's County John Wight.
Prince George's County Robert Bradley.
They took the oaths and subscribed the Test and Association, and chose Col. Thomas Smithson for their Speaker, who having made his request to be excused therefrom, H.E. notwithstanding was pleased to approve of him, and, on his desire, granted the Members of the House protection for their persons, freedom of debate, and access to his person. H.E. delivered his Address as above.
H.E. approved the appointment of William Taylard as Clerk of the House. He was sworn accordingly.
May 9. Petition of John Ryan of Dorchester County, complaining against Col. Henry Mitchell and his Overseer for taking up his sloop, pillaging and detaining his goods and provisions, without which he is not able to sustain his wife and ten children, recommended by H.E. to the Justices of Calvert County to inquire into and to doe the petitioner speedy justice.
The Assembly replied to his Excellency's speech:—The easiness which H.M. subjects were immediately sensible of at the first commencement of your Government, and the exact constancy of it in its progress assures us that it is the innate and genuine disposition of your Excellency to facilitate the people under your conduct, and as we have found your Excellency allways just and prudent in publick affairs, and sincere and candid in personal, so shall you find a cheerful obedience and ingenuous dealing from us, and a perfect desire to avoid the least flow of contention etc. Neither the dissolution of the last Assembly, nor any other Act of your Excellency hath been displeasing to us. What of late may have prevented ships, and consequently kept us in the dark as to the state of our laws, we know not, but since we injoy the present comfort of them and are assured they are in the hands of so good a Prince and Patron, we will sit down in hopes of an answer to our satisfaction.
H.E. laid before the Board the letter of the Council of Trade and Plantations, Dec. 3, 1700, relating to the number of inhabitants, and saith that he hath with great difficulty at last sent them to their Lordships; also their letter of Jan. 4, 1700 (1701) (q.v.), signifying that our laws were still lying before H.M. Attorney and Solicitor General. A conference of the two Houses to consider the matter was proposed.
May 10. Major Thomas Hammond was sworn a Delegate for Baltimore County.
The Conference proposed above was held. It was debated whether all the Laws referred to in the above-mentioned letters should not be re-enacted one by one as the best means to obviate the misfortune that may happen thro' H.M. pleasure in dissenting to any one Act enumerated in the repealing and confirming Laws made the last Assembly. It was the opinion of the House that by H.M. Order in Council, Nov. 30, 1699, none but ye Laws enumerated and particularly mentioned in the Act ascertaining the Laws of this Province were thereby repealed, but they desired to have copies of the paragraphs of their Lordships' letters and leave to consider them in their House, which being given them, they repaired to their House.
Ordered that notice be given to the Justices of the several County Courts, that every June Court they take new bonds of the Sheriffs, according to Act of Assembly, and immediately transmit them to the Secretary's Office. [C.O. 5, 744. pp. 41–55.]
May 8.
425. Journal of House of Delegates of Maryland. The new Assembly met, and took the oaths appointed, and subscribed the Test and Association, with the exception of James Round, decd., and Thomas Ennalls, not yet appeared. (See preceding abstract under date.)
A warrant was issued for choosing a Representative for Somerset County, in place of Mr. Round. An answer to H.E. Speech was ordered to be prepared.
A Committee for Privileges and Elections was appointed.
May 9. See preceding abstract under date.
Major Thomas Hammond appeared and was sworn a Member.
Resolved that 21 Members with the Speaker make the House.
Committee appointed for examining and stating the public accounts.
Petition of Dorothy Stevens, relict of Jno. Stevens, of Dorchester County, read. In 1695 she purchased of Simon Wilmore of Kent County, a tract of land called Wilmore's Range in Talbot County, S. of Chester River, upon Unicorn Branch, about 1,000 acres, and made full payment, and Simon Wilmore and his wife Rebecca by John Calliant, her attorney, came into Talbot County Court and gave their consents that the deed of feoffment should be then enrolled on the records of that Court, but, by negligence of the Clerk or otherwise, the said deed is not recorded nor the deed itself to be found, and Simon Wilmore being dead and his heirs within age, Petitioner is destitute of common remedy, except she be aided by an Act of Assembly. Order made to confirm the title in Petitioner accordingly.
Proposals for laws were made and referred for consideration.
The Committee of Privileges and Elections reported upon a return of Dorchester County:—It appears by the return made by John Lockerman, Sherif of said County, that John Lecompt had the surplus of two votes, but upon examination of the Poll, in the presence of the Sheriff and John Taylor, Complt., it doth appear to us that four persons ought to be struck off the pole list, which was taken in favour of John Lecompt, and two in favour of John Taylor. There is also one Morris Bryce who gave his vote for Taylor and was allowed by the Sheriff at the time of Election, and put into the list, but now the Sherif doth assert in his own vindication that Bryce was not qualified to vote, but on the other hand Taylor did offer upon oath that Bryce was questioned at the time of the scrutiny made at the Election, and that Wm. Edmondson did give such satisfaction to the Sherif that he continued him in the list. This matter appearing very nice, we refer it to the House whether Bryce be qualified to give his vote upon Taylor's allegation, and also whether the Sherriff hath a right of voteing. If he be qualified to vote, then it is our opinion that Le Compt is duely returned, but if not, and if Morris Bryce is duly qualified, then it's our opinion the said Sherrif hath made an undue return of Jno. Lecompt. The usual method of drawing the indentures returned for Dorchester County, to witt between Jacob Lockerman, High Sherif, on the one part and Major Jacob Lockerman, Burgess and Freeman on the other, is offer'd to the consideration, of the House. Resolved that Mr. John Lecompt is duely returned, and that the Sherif hath not any vote on election. [C.O. 5, 744. pp. 165–183.]
May 8.
426. Account of incident expenses of the Office of the Board of Trade, March 25, 1696—March 25, 1701. Total, 419l. 14s. 10d. Audited and approved. Signed, Stamford, Lexington, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Abr. Hill, Matt. Prior. [Board of Trade. Miscellanies, 11. pp. 108–112.]
May 9.
427. William Popple to Mr. Taylor, First Clerk of the Treasury, enclosing preceding, with some observations thereon. [Board of Trade. Miscellanies, 11. pp. 113, 114.]
May 9. 428. Minutes of Council of Bermuda. H.E. ordered to be read H.M.'s pleasure about the absence of the Council. Mast ordered to be supplied to H.M. Frigott, Lincoln. J.P.s summoned to attend for their Commissions. [C.O. 40, 2. p. 34.]
May 9. 429. Order of the House of Lords. Upon reading the petition of William Penn, in behalfe of his father, shewing that he having recourse to the papers laid before this House from the Commissioners of the Admiralty, Plantations and Customs, he perceives several papers are not laid before this House which were sent to the said Commissioners, which were for the advantage of his father, ordered that the said Commissioners doe lay all the papers that may any way concern Mr. Penn's father before this House to-morrow. Signed, Mat. Johnson, Cler. Parliamentor. Endorsed, Recd. 9th. Read May 10, 1701. 1 p. [C.O. 5, 1261, No. 4; and 5, 1289. pp. 88, 89.]
May 10. 430. List of papers, 1694–1701, presented to the House of Lords in answer to their foregoing Order. [C.O. 5, 1289. pp. 90–97.]
May 10.
New Yorke.
431. Col. Smith to the Council of Trade and Plantations. Refers to letters written in conjunction with Col. Schuyler and Mr. Livingstone. The ship yet staying and Col. Schuyler being gon to Albany, I humbly offer further that we lately, as well from such vessels as have arrived in these parts from Europe as the Plantations of French, Dutch and English, are given to understand that it's believed that a war with ye French King will sudainely ensue, of which we hope to have timely notice, this Province being most liable to ye greatest mischiefe from ye French at Canada. Repeats account of state of forts at Albany and Schenectade. If H.M. direct the other colonies to contribute towards these fortifications, ye payment of such quotas will be uncertein and come slowly in. Suggests that, if the war should happen, ye money given by H.M. and by the Assembly for building a fort at Unundague (sic) might be more properly applied to ye forts at Albany and Schenectade, at least until the quotas could be collected. Refers to intrigues of French with the Indians. What further I could be informed of, is the taking from them a Minister, who had with great paines and care instructed them in the Christian Reformed Religion and of whom they had a great good opinion, whos wante though severall times represented by them hath not hitherto been supplyed, as also that of late persons have been employed to treat and negotiate the affairs of this Government with them, who have not been soe acceptable to them as those who for a long time before had discharged that duty, had great interest in them and influence on them, of which number Col. Schuyler above all men is most deare to them, having by a long acquaintance, as well as by his conduct and valour in the late war, justly acquired a wonderful reputation amongst them. I think that therein he hath done H.M. and this Province very signall and acceptable service, having also for a considerable time victualled H.M. Companies at Albany, for which there is yet due to him a considerable sum. The forts at New York wants great repairs and a number of guns there wants new carriages, H.M. Revenue here in debt 5 or 6,000l. at least, so that there is noe present moneys to be got from thence for any such necessary expence, and how far an Assembly will be able to provide for these and other wants is very doubtful. I thinke that in case of a rupture between England and France this Province will be the chief seat of war in these parts and so in most danger. The great heats, divisions and animosities amongst parties in this Province deserve your consideration, how ye same may be healed and composed, having for anything I can observe of late been rather exasperated then appeased. For my own parte, I have recommended moderation, which occasioned these warm debates with these Gentlemen of the Council, who are hot men of a party. I have for peace sake conceded to be concluded by a majority of ye Council, but observe that it might be highly important for H.M. service that H.M. should ascertaine what powers and preheminences shall be allowed to be exercised by such who shall for ye future happen by ye like accident to preside in H.M. Council in the Plantations, for that I am most credibly informed that such powers have been exercised very differently in severall Plantations, and have not been determined without some straine and struggle. Mr. Livingston hath prayed me to observe to your Lordships that I had seen what you had been pleased to signify to your late Governor in relation to his having been concerned with Champell in the imbecillment of part of Kid's cargo at Boston, and as I have noe knowledge of his guilt, soe I can only offer what proof I can gather of his innocency therein. He brought Campell to me, who made affidavit, which I transmit. He farther tells me that some days after my Lord Bellomont had accused him to your Lordships in that thing, he before his Lordship and the Council at Boston did exonerate himself from any guilt therein by his oath then and there taken that he had not directly nor indirectly received or concealed anything of Kid's. He hath indeed produced to me several of his Lordship's letters since wrote to him, wherein his Lordship is pleased to treat him with great friendship, to allow of several services by him done to H.M., promising to represent him to ye Government at home as a person who had well deserved of ye Crowne of England, which letters he intends to direct to be humbly layd before your Lordships, who he hopes will retain favourable sentiments of him, until he can more fully make appear his innocency. He has a large pretension on this Government for diverse disbursements and money due for his salary as Secretary of the Indian Affairs. The State of the Jerseys I have laid before your Lordships in thos other letters, since which Col. Lewis Morris, a person of a fair character, who is possest of a very considerable estate as well in that as in this Province, acquaints me he intends to embarque for England in this ship to procure some remedys in ye disorders of that parte of ye Jerseys where he lives and is concerned. Signed, Wm. Smith, Prt. Endorsed, Recd. July 8. Read July 9, 1701. 3 large, closely written pp. Enclosed,
431. i. Abstract of preceding. 1½ pp.
431. ii. Deposition of Duncan Campbell, of Boston. Mr. Livingston never proposed with deponent to imbezle any of Kidd's goods, other than that Kidd gave him a negro boy, which he, Livingston, did with the consent of Kidd, give to Mr. Mackacy, a gent. two or three days after come from Caledonia and bound for England, all which was made known to the Earl of Bellomont. Endorsed, Recd. July 8, 1701. ¾ p.
431. iii. Account of money due to Rt. Livingston. 6 years Salary as Secretary to ye Indian Affairs, March 25, 1695–March 25, 1701, at 100l. sterl. per annum = 780l. N. York money, of which Lord Bellomont passed warrants for 715l. in Sept. last, and afterwards with 3 of the Council on Jan. 30 following putt a stop to ye payment thereof upon pretence yt. H.M. had not sent an approbation upon his Lordship's report made in Livingston's favour, = 780l. 1,662l. 6s. 8d. for interest of sundry sums advanced in the Province of New Yorke for the service of the Crown. 1,196l. 4s. 3d. for victualling the companies at Albany. Signed, Rt. Livingston. Same endorsement. 1 p. [C.O. 5, 1046. Nos. 14, 14 i.–iii.; and (without enclosures) 5, 1118. pp. 334–342.]