America and West Indies: May 1701, 21-25

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, 21-25', in Calendar of State Papers Colonial, America and West Indies: Volume 19, 1701, (London, 1910) pp. 256-262. British History Online [accessed 20 April 2024]

May 1701

May 21. Representation signed wherewith to lay the draught of an Act for Religion in Maryland before H.M.
Letter from Mr. Secretary to Mr. Attorney and Mr. Solicitor General, ordered yesterday, approved and ordered to be sent.
Memorial on behalf of Mr. Skene laid before the Board. A copy thereof with a copy of his petition and the Order of Council, April 3, ordered to be sent to Mr. Eyles for such answer as he may be able to give for Mr. Gray.
Further progress made in considering the Acts of the General Assembly of the Massachusets Bay, May 29, 1700.
May 22. Two Orders of Council, May 8, relating to the Lieut.-Governor of St. Christopher's and of Mounserat, read.
Order of Council, May 8, constituting members of Council of Maryland, read.
Draughts of letters to Col. Codrington and Sir William Beeston were agreed upon.
Copy of H.M. Letters Patents for registering servants for the Plantations and of Instructions for executing that office, read.
Mr. Attorney General's opinion as to the Bermuda Act (see May 19) read. [Board of Trade. Journal, 14. pp. 36–40; and 98. Nos. 91–93].
May 21.
468. Council of Trade and Plantations to the King. In obedience to your Majesty's Order in Council, Feb. 13, we humbly lay before your Majesty the draught of a Bill "for the Establishment of Religious worship in this Province [Maryland] according to the Church of England, and for the maintenance of Ministers," and we thereupon humbly propose that your Majesty may be pleased that this draught be sent to the Governor of Maryland to be offered to the first General Assembly to be passed into an Act. Signed, Lexington, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Abr. Hill, Mat. Prior. [C.O. 5, 726. p. 66.]
May 21.
469. William Popple to Francis Eyles. Enclosing copies of Order in Council, April 3, and Mr. Skene's petition and the memorial thereupon. The Lords Commissioners of Trade and Plantations desire you to lay before them such answers as you finde yourself able to make in Mr. Grey's behalf, with what speed you can. [C.O. 29, 7. p. 311.]
[? May 21.] 470. Memorial to the Council of Trade and Plantations on behalf of Mr. Skene's petition (see April 3). Endorsed, Read May 21, 1701. 2½ closely-written pp. [C.O. 28, 4. No. 88; and 29, 7. pp. 314–321.]
May 22. 471. Minutes of Council of New York. Present as on 19th. Proclamation ordered encouraging deserters to return, and promising pardon to such as come in on or before July 1, and offering a reward of 30 pieces of eight to any person apprehending and bringing in a deserter after that date.
Account of Robert Walters and Johannes Depeyster for providing firewood for the Fort referred to a Committee.
This Board being informed that one Mr. Oasterhouse, a passenger in the Happy Peace from this place bound to London, carries with him packetts lately come from Canada directed to M. Ponncharteen (sic) and other of the Ministers of State of the French Court, the Council desire for H.M. service that the Governor send a letter by the said ship directed to any postmaster in England, informing him thereof, that in case at the time the said ship arrives in England warr be proclaimed between the Crowns of England and France, he may take care to enquire after the said letters, and forward them to H.M. Secretary of State.
May 23. Present as on the 19th. The account of Peter de Riemer for making and mending glass windows in the Fort, and several other accounts, referred to a Committee.
Payment ordered to Barne Cosens for attending the Commissioners of Public Accounts. [C.O. 5, 1184. pp. 528–530.]
May 23. 472. Council of Trade and Plantations to Governor Codrington. Since ours of Feb. 18, we have received letters from you dated Jan. 11, 14, 15 and 17. What you tell us of the declaration of your intentions to the several Assemblies of the Leeward Islands in relation to your conduct in that Government, more especially in reference to the execution of the Acts of Trade, we very well approve of, and doubt not of your performance accordingly. What you write about the inconveniencies arising from the dependance of Governors upon General Assemblies having frequently occured to our observation, we have accordingly represented what seemed fit thereupon, and are not without hopes that in due time some proper regulation will be made therein. We take particular notice of the great irregularities you find in judicial proceedings in all the Courts of those Islands, and that you are not able to return any perfect answer to the enquiry sent you about the methods of those Courts. This makes it absolutely necessary that you pursue the endeavours you say you intended to use for getting some good Laws past to establish a regularity in those proceedings. And we are glad of the hopes you express upon that occasion to succeed in the rooting out of corruption, not doubting but you will use proper means to do it. We do not well understand what you mean by saying you came too late to make any demands on the Governor of St. Thomas, a reasonable demand might have been made at any time. We have considered the copies you have sent us of your proceedings against Captain Norton, and likewise what you write upon occasion of the death of Captain Delaval, and having thereupon represented to H.M. what we thought proper, we enclose copies thereof and of Orders of Council made thereupon. The same doubts that you express about the rights and privileges allowed by the Acts of Trade to endenized foreigners in the Plantations, has been proposed to us from other places, and we have thereupon writ to Mr. Attorney and Mr. Solicitor General for their opinion upon several points which it is requisite you and other Governors should be better informed in, and so soon as we receive their answer we will send it you. We have also ourselves some doubt about the forfeiture of 1,000l., for which you say you have imprisoned Capt. Norton, and have therefore writ to them likewise about that matter, concerning which, when we receive their answer, you shall be further directed. Divers complaints having been laid before us of irregularities in the Courts of Chancery in H.M. Plantations, and amongst the rest, that in some places the Governors and the Members of the respective Councills, who compose those Courts, do sit and act therein without taking any oaths to do equal and impartial justice, between parties concerned in the causes that shall come before them, we have thought fit hereby to direct you (as we do other Governors) that in case there have been any neglect of this kind in the Courts of Chancery of the Leeward Islands, you forthwith take care to remedy the same, as your commission impowers you, by your taking in the first place a proper oath for that purpose, and afterwards administring the like oath to the Members of that Court. Signed, Lexington, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Abr. Hill, Mat. Prior. P.S.—We expected to have received from you a perfect account of the wants of the Islands under your Government with relation to their defence, whereof we have had a memorial from Mr. Cary, but that being only in general terms, we cannot make the use of it, which may be requisite. We desire you therefore for the future to give us the earliest informations of what may be necessary for the defence of those Islands. [C.O. 153, 7. pp. 173–177.]
May 23.
473. Council of Trade and Plantations to Governor Sir William Beeston. We have received your letter of March 14, and are very glad to understand by your observations on the Trade of Jamaica that the Island in that respect is in so very flourishing a condition. The prejudice, which you say it receives by the carrying of flower and provisions to Curasso and the furnishing of the Spaniards from thence, we conceive may cheifly arise from the Propriety Governments on the Continent, and that with many other irregularities of those Governments having raised great complaints against them, a Bill has been brought into the House of Lords and is now under consideration for resuming those Governments to the Crown. If it pass accordingly, we doubt not but it will set the Trade of the Plantations upon a more equal foot.
The account that you give us of your care for the security of the Island upon the news you had received of the King of Spain's death is very welcome, and we have laid before H.M. the list that you send us of stores of war wanting for the fortifications of Port Royal. We will acquaint you with Mr. Attorney and Mr. Solicitor General's opinion as to naturalising foreigners, when we receive their answer. As to Mr. Brodrick, we have sufficiently explained, Feb. 17, that there has been an irregularity in that proceeding, and therefore we do expect your direct answer to what we then writ, before we add anything further upon it.
Repeat, mutatis mutandis, instructions as to holding Court of Chancery, etc., as in conclusion of preceding. Signed, Lexington, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Abr. Hill, Mat. Prior. P.S.—We send you here inclosed H.M. letter relating to the settlement of the Revenue in Jamaica, which you are to observe and give us an account of your proceedings therein. [C.O. 138, 10. pp. 161–163.]
[? May 23.] 474. Richard Cary to the Council of Trade and Plantations. Col. Codrington finding that the Islands under his Government are in great want of men, arms and ammunition, hath directed Mr. Cary, his Agent, to make application to you for a supply thereof, as also for some gunsmiths to be sent over, there being none there, so that as their small arms are out of order, they become useless. Endorsed, Recd. Read May 23, 1701. ¾ p. [C.O. 152, 4. No. 25; and 153. 7. p. 177.]
May 23. 475. Journal of Council of Trade and Plantations. Letter to Governor Sir Wm. Beeston signed.
Letter to Col. Codrington signed.
Mr. Cary presented a Memorial in the name of Col. Codrington signifying that the Leeward Islands are in want of men, arms and ammunition, as also of some gun-smiths, which was read; but being asked an account of what particulars he specified, said he had not sent any. [Board of Trade. Journal, 14. p. 41; and 98. No. 94.]
May 23.
476. Minutes of Council and Assembly of New Hampshire.
The Lieut-Governor read H.M. letter, Jan. 19, 1701, about the fortifications and defence of the Province.
Writs applied for to fill vacancies caused by retirement of Capt. John Tuttle of Dover and Lt. John Smith of Hampton. [C.O. 5, 789, pp. 21–23.]
May 25.
477. Governor Blakiston to the Council of Trade and Plantations. Acknowledges letter of Dec. 30. I have endeavoured to comply with the first paragraph by mine of April 8. The account of arms belonging to the Province is attended with great difficulty to procure, for it has been ye custom to distribute them to ye Colls. of each county, which by their often deaths ye arms devolve into Executors' hands, and are generally lost and embezled, which method I find very inconvenient, and have with ye advice of ye Councill resolved for ye future that those arms which are come in since my arrival, and those we are now sending for, shall be lodged in a publique armoury, at Anapolis Town, and to give them out as necessity shall require, for most of the inhabitants are pretty well armed, for if ye inhabitants are to be supplyed from H.M. Store as formerly, they have noe regard to ye destruction is made of them. But nevertheless I hope by ye next oppertunity to send you an account of what arms are in the Province belonging to his Majesty. I must still report the difficulty I have of getting together a quorum of ye Council, Mr. Tho. Lawrance being dead, who was lately appointed. I have enclosed you a list as they now stand, being but eight in all, and three of them at ye extreme parts of ye province, and hope those three that have been recommended by ye Council and myselfe will be approved of by H.M., for otherwise ye dispatch of business will be much impeded. I have recommended to ye Assembly that paragraph of your Lordships' letter of ye great conveniency of an Agent, but they are not willing at present to appoint soe necessary a person, but have referred it to the consideration of the next Assembly. I have already acquainted your Lordships of ye inclinations of ye inhabitants of a Trade with ye Western Indians. They are so far from desiring any further communication, that they would be glad to be quit of those we have already so near hand, for they keep the inhabitants upon the Frontiers in great fears, especially since ye murder committed last yeare in Virginia. I send the lists of shiping for 1700. The Assembly, after a Sessions of nine days, brooke up on Satterday last. They were desirous of having that Law past of having ye publique levies paid in money, as I formerly represented to your Lordships, but I found by yours of Dec. 30, that you esteemed a concerne of moment, and that I might expect your advice and directions by another oppertunity, soe I refused ye law they had drawn up to that purpose. I have already informed you that ye Council here does [sic.? do not] conceive it any ways a hindrance to ye planting of tobacco, but if your Lordships does apprehend it any ways to have the face of prejudice to H.M., I humbly crave your commands, that I may be armed against it. I beg leave to observe to your Lordships that ye last Assembly were likewise very pressing for advancing ye coyne we have in this Province, which are a few pieces of eight with Lyon Dollars, which they here call Dogg Dollars. I acquainted the Assembly I could not meddle with ye coyne of ye Province, till I had first humbly represented it to your Honourable Board, to be laid before H.M. I am requested by the Assembly to acquaint you of ye dificultys we lye under in this respect, for ye few pieces of eight we have and ye Lyon Dollars pass currant here at 4s. 6d. per peice, and the peices of eight amongst our adjacent neighbours in Virginia goes for 5s., and the Dogg or Lyon Dollar in Pensilvinia are at 6s., and at New York goes at little less. The misfortune here is that the little money we have being but at 4s. 6d. ye doller is carryed away by our neighbours. The Assembly have desired me to begg your Lordships' assistance in representing this their unhappiness to H.M. that wee may be upon an equall foot at least with some of our neighbours, and have leave if it be but to raise ye doller 6d. more to make it 5s., as in Virginia. The want of a little money in this Province is a very great hindrance to all publique meetings of ye Council and Assemblys, and to all publique Courts, for that ye persons obliged to attend thereon cannot be accommodated without a little money. That paragraph of your letter, Dec. 30, of settling the Government here in case of ye Governor's death or absence, I have caused to be recorded in the Council Book. Signed, N. Blakiston. Holograph. 3 pp. Enclosed,
477. i. Duplicate of preceding. Endorsed, Recd. Aug. 19, Read Sept. 3, 1701. 3¼ pp.
477. ii. List of the Council in Maryland. Sir Thomas Laurence, absent 3 years; Col. Henry Jowles, dead; Thomas Tench, sometimes here, often in Pennsylvania, talks of going for England; Col. Charles Hutchins, dead; Col. John Addison; Col. John Courts; Thomas Brooke; James Frisby; Robert Smith; Col. John Hammond; Thomas Tasker, dead; Col. Francis Jenkins.
Names represented to fill up the vacancies:—Mr. Thomas Laurence, since dead; Col. Edward Lloyd; Lieut.-Col. William Holland; James Sanders. 1 p.
477. iii. Duplicate of preceding. ¾ p.
477. iv. Memorandum of Journal of Council in Assembly of Maryland, May 8—May 17, 1701. ¼ p.
477. v. Memorandum of Journal of House of Delegates of Maryland, May 8—May 17, 1701. ¼ p.
477. vi. Memorandum of Six Acts passed at a General Assembly of Maryland, April 17, 1701. ¼ p.
477. vii. Memorandum of Journal of Committee of Accounts of Maryland, May, 1701. ¼ p.
477. viii. Memorandum of Naval Officer's Lists of ships cleared and entered at the Port of Annapolis, Oct. 24, 1699—Feb. 20, 1699/1700. ¼ p.
477. ix. Memorandum of Naval Officer's Lists of ships cleared and entered at the Port of Pocomoke, June 24, 1699—July 30, 1700. ¼ p.
477. x. Memorandum of Naval Officer's Lists of ships cleared and entered at the Port of Puttunxet, July 24, 1699—Aug. 5, 1700. ¼ p. [C.O. 5, 715. Nos. 39, 39.i.–x.; and (without enclosures) 5, 726. pp. 98–103.]