America and West Indies: July 1701, 26-31

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: July 1701, 26-31', in Calendar of State Papers Colonial, America and West Indies: Volume 19, 1701, (London, 1910) pp. 378-386. British History Online [accessed 20 April 2024]

July 1701

July. 26. Bill for quartering soldiers was sent down to the Representatives, who sent up one of their own for that purpose, and another to confirm the nuncupative will of John Reid. The latter was read twice and passed. Act for quartering read the first time and ordered to lie upon the table.
Second petition of Edward Batterton, humbly imploring his enlargement, read. He was summoned and craved pardon in person, and after being reprimanded, was granted his liberty.
The absent Members of Council were summoned to attend at 7 a.m. on Monday (July 28), otherwise the Provost Marshall will be immediately sent for them. [C.O. 140, 6. pp. 388–392.]
July 28. 674. Minutes of Council in Assembly of Jamaica. The Council unanimously refused to consent to the Bill to confirm the will of John Reid, "in regard that this Assembly, having refused to doe anything for the King's service or ye publick good, noe private Bill should be past whereby they might be remembered to be a Session," but it was resolved, nemine contradicente, that they should be immediately prorogued to August 20 by Proclamation. [C.O. 140, 6. p. 392.]
July 29.
675. Wm. Thornburgh to Mr. Popple. This answer to yours of the 22nd comes thus late because I sent that with the enclosed to the Earl of Bathe with expectations of hearing from his Lordship about the matter therein contained. But I am since informed his Lordship is not well, and out of Towne. I do not remember the Act of the Country therein mentioned was ever transmitted to the Lords Proprietors as yet, or if perhaps it was, I am thoroughy perswaded of their Lordships' dissent thereto, being so pernicious to the general interest of the country. This is all I can say at present, till my Lord comes to Town. Signed, Wm. Thornburgh. Endorsed, Recd. Read July 30, 1701. Addressed. ¾ p [C.O. 5, 1261. No. 13; and 5, 1289. p. 136.]
July 30.
676. Governor Sir William Beeston, to the Council of Trade and Plantations. Refers to letter of July 7. I acquainted you with my thoughts of the Assembly, who being for the most part a parcel of young men, never used to such business, nor acquainted with the constitution nor laws of the Island, were industriously chosen by the artifices of some men on purpose that they might lead them to oppose all things for the service of the King and Country, and set themselves into an arbitrary condition without owning any authority but themselves. At the opening the Sessions they sent the Speaker's warrant for five of the Council to come before them to give them an account of money they had nothing to do with; issued out a Proclamation and caused it to be proclaimed and fixt up in four of the most eminent parts of the Island, and carryed so, that I nor the Council knew anything of it, till it was done, but then I sent the same man to pull it down, who fixt it up, and committed him to close prison for his insolence. They also sent the Speaker's warrant to take into custody one of the King's Officers, and commanded the Constable, and all H.M. liege people to be aiding to their Messenger in the execution thereof, on which I sent the Provost Marshall to countermand it, and in all these nor several others never named the King nor his authority; they voted out the Act for the Additional Duty the day before it was to expire in meer malice and spight, as may plainly appear since they own themselves, two-thirds or more of the House never read it in their lives, nor knew what was in it, tho' the uses were paying tradesmen's passages from England, and parties to goe out after rebellious negroes, and settling the Bath [i.e. the Bath of St. Thomas the Apostle. Ed.], and because myself and the Council obstructed them in these their violent and arbitrary proceedings, they voted to make an Address, and ordered a Committee to draw it up to the House of Commons in England, wholly leaving out His Majesty, or any pretence of right or justice from him, if they had been injured; of which I having some notice given me, sent presently for the votes, and there found it true, then though I had bourn near five weeks with them, in hopes of a Bill which they dayly promised for quartering the soldiers, and dayly deceived us in, I thought it high time to send them away, and they being adjourned from Saturday to Monday evening, I did not know if it were proper to dissolve them in an adjournment by Proclamation, nor was I willing they should meet to pass and sign their Address, which I knew was ready for the Stamp, therefore issued out a short Proclamation and published it presently under the Broad Seal, by which I prorogued them to August 20, only to stop any of their further proceedings, and to gaine time to enumerate their extravagancies in a large Proclamation for their dissolution, that so their Country, who sent them up for their Representatives, might see fully how in all things they had behaved themselves in their duty to His Majesty and service to the country, and this Proclamation was published under the Broad Seal, the 29th inst. But I must also acquaint your Lordships that having delayed us for near five weeks with hopes and promises of a Bill for Quartering the Soldiers, and none came up, but they kept it by them as a handle to turn their designs with, the Council raised a Bill for that purpose, and sent to them, which they presently rejected, and then sent up their Bill, but so impracticable and troublesome in quartering the soldiers, and having therein subjected H.M. Treasury of the Island for paying Quarters of the Officers (who no more can live then the soldiers on their subsistance in this country), where all things are very dear, and commanding the Receiver General to pay the sums there directed, by which they made themselves the disposers of H.M. Revenue, contrary to any authority they have therein, and to H.M. Commands about it; the Council could not in duty agree to it, nor could I consent to pass it, so that it seems as done on purpose that it should not pass, that so the people might turn the soldiers out of doors, because there is no law for quarters, for at their arrival for present disposal of them, I ordered the Justices by private sessions in the several precincts to quarter them as conveniently as they could till a Law were made, which I did not doubt at the first Session of the Assembly, and they then seemed so forward in it that they desired a Committee of the Council to joyne a Committee of their House to make an Address of thanks to H.M., which was agreed on, nevertheless they never sent it up to me, however I now send the copie to your Lordships, that soe you may see how they have promised and deceived the King, and now I expect they will insinuate to the people that they need not keep the soldiers, but may turn them out of doors, therefore I have noe other way left but to put the Island under Martial Law, and to order quarters by the Military Authority, which this day is agreed to unanimously by a Council of War, and is to take place to-morrow, and the soldiers thereby ordered quarters, which is a way I would have avoided, would the Assembly have done anything, but there is a necessity for it, and we must drive the nail that will goe, and for the Officers, we intend them a handsome allowance out of the Treasury, or some other way, and thereby to quarter where they please to pay for it. This has been a great trouble to me, especially at my leaving the country, which in all my time has been so easy and contented, but it's the people grown rich and proud, and now would sett up for themselves. I hope my successor will be more severe with them, and make them know their duty to the King and his authority, as well as to their country.
The French have many great ships in these parts; 7 were seen about three weeks since, and the 26th 3 great ships more to the Windward of the Island. I doubt they hover hereabouts till orders come for them to fall on us, and if so, if they attack us before wee have any Naval force to encounter them, they will doe great spoile, if not ruine the place.
Aug. 1. I am credibly informed that the Assembly have raised a purse amongst themselves, and have sent one Mr. Hugh Tottedale, an Irish lawyer, privately off in a ship of Bristoll (who sayled yesterday morning) without ticket from the Governor according to law of this Island; and that two Members of the late Assembly are entered into obligation to the Master to save him harmless, and this is supposed to be with intent to carry the Address they had been preparing to the House of Commons to sollicite them to justifie their arbitrary proceedings against H.M. authority. This Mr. Totterdale, to get himself a vogue amongst the common people, was the great Botefeu in the Assembly; he pretending to tell them what was Law, with two or three more Republican-principled men, led the House into all these errors they have been guilty of. Therefore, that all their proceedings may be seen as fully as may be (without their and the Council's Journals) I now transmit the Proclamation by which I dissolved them, which was drawn up by the Council out of the Journals, and I caused it to be published in several parts of the country, to the intent the whole Island might know how they carried themselves, and why they were dissolved, and that they might not, at their return to their homes, report to the people untruths. If this gentleman at his first arrival or motion were clapt up for undertaking by private means and private collections of money to make application to oppose H.M. authority and prerogative, it might scare others from so bold attempts, as well as discountenance such carriages and projects here for the future; but that I must leave to your Lordships' better consideration. I cannot guess how they could presume, after being dissolved (and then no more but private men) to raise mony, and send one off to sollicite their affairs. Col. Lowe knows them all, and can give your Lordships an account of them and of usages of Assemblys in this Island. A true copy. Signed, Wm. Beeston. Endorsed, Recd. 17th, Read November 18, 1701. Enclosed,
676. i. Abstracts of preceding letters. 1¼ pp.
676. ii. Address of Council and Assembly of Jamaica to the King. Intended but not completed (see above). Thanks for H.M. royal care of the Island and for sending so experienced a Regiment, "to succor and assist us against the threatening power of our neighbours, who are making great preparations for war both by sea and land. . . . . We shall always testifie our utmost duty to your Majesty by taking care and providing quarters for the forces already here, and for such others as shall hereafter arrive," etc. A true copy. Signed, Wm. Beeston. Same endorsement.
676. iii. Copy of Proclamation for dissolving the General Assembly of Jamaica, July 29, 1701. Reviews the proceedings of the Assembly as above, and see Journal of Assembly. Signed, Wm. Beeston. Endorsed, Recd. November 17, 1701. 1 large p. [C.O. 137, 5. Nos. 53, 53.i.–iii.; and (without enclosures) 138, 10. pp. 299–306.]
July 30.
677. William Popple to Sir John Hawles. The Lords Commissioners for Trade and Plantations command me to send you the Acts of Barbadoes, Nov. 5, 1700–May 15, 1701, for your opinion upon them in point of Law, excepting only that for the payment of 2,000l. to the Governor, which being a duplicate, they have formerly had the opinion of Mr. Attorney General upon it. Annexed,
677. i. List of Acts referred to. [C.O. 29, 7. pp. 348–350.]
July 30.
678. Council of Trade and Plantations to Mr. Secretary Vernon. Having lately received a letter from Col. Codrington, dated June 8 last, which may be of importance for your information, we take the liberty to send you the inclosed copy of it. Signed, Ph. Meadows, Abr. Hill, Mat. Prior. [C.O. 153, 7. p. 209.]
July 30. 679. Journal of Council of Trade and Plantations. Some farther progress was now made in the draught of the Lord Cornbury's Instructions.
Letters from Governor Lord Grey, May 17, read, and papers therewith transmitted laid before the Board. Acts enclosed ordered to be sent to Mr. Solicitor General for his opinion.
Letter from Governor Lord Grey, June 5, and papers enclosed read. Letter from Governor Codrington, June 8, read; a copy was transmitted in a letter from the Board to Mr. Secretary Vernon.
Letter from Mr. Thornburgh, July 29, read.
Letter from the Governor and Company of Rhoad Island, April 18, read.
The Secretary signifying to the Board that Sir Thomas Lawrence had desired their Lordships wou'd please to give him a letter in the nature of an Instruction for the execution of the place of Secretary in Maryland, whither he is shortly about to repair, and the copy of a former letter given to him upon the like occasion by the Lords of the late Committee for Trade and Plantations, December 11, 1691, being read, their Lordships gave directions for preparing a letter from the Board to Sir T. Lawrence, which may be consistent with and suitable to His Majesty's present Instructions to the Governor of that Province.
Letter from Mr. Savage, July 24, read. Likewise the draught of a Letter of Direction which Mr. Randolph desires may be given to himself by this Board when he shal go for America. All the said papers referred to be further considered when Mr. Randolph shall call.
Some Acts of Nevis, February and March, 1701, received from Col. Jory, were ordered to be sent to Mr. Attorney General. [Board of Trade. Journal, 14. pp. 120–125.]
July 30. 680. Minutes of Council of Bermuda. 20l. ordered to be paid towards the relief of the French Protestants now on transportation to Carolina in the Charles; Daniel Tucker and John Hilton to take care in laying out the same.
The accounts of Edward Jones were read, but not giving satisfaction, he was ordered to produce the orginals.
On reading the Act for the reparation of the Castle and building barracks, overseers of the Castle, Forts and Platforms were appointed. [C.O. 40, 2. p. 41.]
July 30. 681. Minutes of Council in Assembly of the Massachusetts Bay. The Representatives attending the Board, Wait Winthrop made a speech reminding them that at the time of their late recess the Court were upon consideration of addressing H.M. It had pleased God since to remove the Lieut.-Governor by death, whereupon the Council had taken upon them the administration of ye Government and emitted a Proclamation accordingly, and had written an account thereof to some of the Ministers of State, copies of which were delivered to the House. He directed that the Court should proceed in that business, where they left at the time of adjournment.
July 31. Joint Committee of the two Houses appointed to prepare draught of letters in answer to the last letters received from Sir Henry Ashhurst and Constantine Phips referring to the affairs of this Province.
The Council, in whom the powers of the Governor were now vested, gave their consent to the appointment of Wait Winthrop to be Agent for the Province in England. [C.O. 5, 788. pp. 296–298.]
July 31.
682. Order of Lords Justices in Council, approving the report of the Admiralty upon that of the Council of Trade and Plantations, as to the wearing of the King's colours by merchantmen, and directing the Governors to oblige them to wear no other Jack than that proposed (that worn by H.M. ships with the distinction of a White Escutcheon in the Middle thereof, extending to one halfe of the depth of the Jack and one third part of the Fly thereof). The Council of Trade to notify the Governors accordingly. Signed, John Povey. Endorsed, Recd. August 4, Read 6, 1701. Sealed. 1¼ pp. Enclosed,
682. i. Sketch of the Jack with white escutcheon in the centre for the use of merchantmen. ¾ p. [Board of Trade. Plantations General, 5. Nos. 102, 102. i.; and 36. pp. 18–20.]
July 31.
683. Order of the Lords Justices in Council. A Copy of the Representation, July 24, relating to stores of war, etc., for Jamaica, is to be sent to the Board of Ordnance, who are to consider what is therein proposed, and to report to this Board on Wensday next. Signed, John Povey. Endorsed, Recd. 4th, Read August 6, 1701. ¾ p. [C.O. 137, 5. No. 42; and 138, 10. p. 241.]
July 31.
684. William Popple to Edward Northey, H.M. Attorney General. By order of the Lords Commissioners for Trade and Plantations, I herewith send you the Acts past by the General Assembly of Nevis, Feb. and March last, for your opinion thereupon in point of law. Annexed,
684. i. Lists of Acts mentioned above. [C.O. 153, 7. pp. 209–211.]
July 31.
685. Order of Lords Justices in Council. Upon reading this day at the Board a letter from the Lords Commissioners of the Admiralty to the Rt. Hon. Mr. Secretary Vernon, together with five papers relating to proceedings in the Bahama Islands, touching the jurisdiction of the Vice-Admiral there, ordered that they be referred to the Council of Trade and Plantations for their opinion upon the whole matter. Signed, John Povey. Endorsed, Recd. 4th, Read August 6, 1701. ½ p. Enclosed,
685. i. Lords of the Admiralty to Mr. Secretary Vernon. Admiralty Office, June 26, 1701. Having received several papers from the Officers of the Vice Admiralty of New Providence, complaining of the interruption they meet with from the Officers to the Lords Proprietors of the Bahamas, we send you herewith copies of the said papers, and desire you will please to move H.M. for such orders to be given therein, as may support the Court of Admiralty in those parts. Signed, Pembroke, Haversham, D. Mitchell, Geo. Churchill. 1 p.
685. ii. Copy of Announcement by Perient Trott, Richard Peterson and Jerum Wells, Nov. 4, 1700, that Tho. Walker had been duly appointed Judge of the High Court of Admiralty for the Bahamas by Commission from the Lords of the Admiralty and sworn by them accordingly. 1½ pp.
685. iii. Minutes of Council of Bahamas. Dec. 31, 1700. Letter ordered to be composed to the Lords Proprietors to signify the state affairs of the Islands. The question was put, whether or no that, whereas a firm Charter being granted by Charles II. for the Lords Proprietors to have the full benefits and advantages of these Islands as therein contained, be sufficient to hold these Bahama Islands, and no other privilege to be allowed than to the said Proprietors to any other persons whatsoever excepting what was then excepted by his sacred Majesty, which was the Customs and allegiance. It's agreed that all things be as before, till they be signified by H.M. Power to the contrary. It was agreed that affairs touching the Public Administration of this Government invested in the Proprietors ought to stand in force, and no other power until determined in England, as touching of any prerogative being taken from them than what the Charter expresses.
The question was proposed by the Deputy Governor whether, whereas there has been some papers, which was written in English and with much razing and interlining in the same by Perient Trott, who he says is thereby constituted Deputy Vice-Admiral of these Bahama Islands, and sent him from England with no name whatsoever thereunto annexed, [it] be proper for him to term himself so or not without signing in the forme of a Commissioner as is usual so to do, and that the said Papers so written razed and interlined, ought not to be sent for to this Board, by which he pretends to weare the Union Flagg, and here to be read, and a true copy taken and sent to the Proprietors, in order to assert them of these their passages past here, which is supposed to be by them unknowne. It's carryed that they will not meddle with this proposal. [Copy. 2¼ pp.]
685. iv. New Providence and the Bahamas. A Publication by the Hon. Perrient Trott, Vice-Admiral, Commissary and Deputy, and the Hon. Thomas Walker, Chief Judge of ye Court of Admiralty for ye Bahama Islands. King Charles II. by the Charter reserved to himself the allegiances, customes and soveraign dominion, that is to say the seas and maritime jurisdiction thereof. In right whereof the Lords of the Admiralty having sent a Commission unto Perient Trott to be Vice-Admiral, Commissary and Deputy through the Bahama Islands and seas, the said Trott did on Dec. 30 last go personally on board a sloop in the road of Providence and there took possession of the Bahama Seas, and made the same known by the hoisting the Union Flag at the masthead of the said Sloop. Whereupon some persons in the Government is displeased and threatens, whereby there is just cause of suspicion given that there is intent to hinder me and the Admiralty Officers in the due execution of their Commissions, wherefore to prevent the same, these are to give notice to the Lords Proprietors, President of the Council and all other Lords Deputies and all Magistrates and H.M. Subjects, that they stand by, aid and assist H.M. soveraign Dominion to the Seas aforesaid, and all H.M. lawful and commissionated Officers of the Admiralty in the due execution of their Commissions, against all usurpers, contemners, resisters, opposers, mutineers and rebellious persons, etc. Published by Order, January 2, 1700 (1701). Signed, John Dudgeon, Deputy Register. Copy. 3¾ pp.
685. v. Tho. Walker to [? the Lords of the Admiralty]. New Providence, Jan. 30. Since the receipt of your Commissions to me, the Judge of the Admiralty and the Vice-Admiral, all care and endeavours have been used that could be to maintaine and execute the same, and bring the people in subjection thereunto, to pay unto the King the tenths of all wrecks and other matters arising to the King by vertue of the said Commissions, and because there came out with the said Commissions a positive order to the Government to be observant, aiding and assisting thereunto, therefore disputes and queries have arose in the Government concerning the Commissions, whether the tenths or dues ought to be paid to the King's Officers, or the Lords Proprietors, and in this dispute we, the Admiralty Officers, have been molested, disturbed, and in danger of our lives of Read Elding, the assumed Deputy Governor of the Bahamies. It's probable a wreck of value may in the interim of time, and while these disputes are afoot, be found, and then the Vice Admiral by vertue of his Commissions is obliged to receive and command the King's dues and part thereof, but the Deputy Governor is resolved to take and receive for the Lords Proprietors, and he being too strong and potent will overcome us, except we have further direction and protection from England. Signed, Tho. Walker. 1½ pp.
685. vi. Perient Trott to [? the Lords of the Admiralty]. New Providence, Feb. 14, 1700/1. I have received a Commission from your Lordships for my being Vice-Admiral. Upon my publishing it, the Proprietors' Deputy Governor, Read Elding, called his Council and put several queries relating to my Commission, the copies whereof with the Council's answer I enclose, by which you will perceive no obedience will be given to the King's Commission, except H.M. is pleased to require and order the Lords Proprietors of the Bahamas to direct their Governors to yield obedience and assistants to all his Admiralty Officers here. Signed, Perient Trott. 1 p. [C.O. 5, 1261. Nos. 14, 14.i.–vi,; and 5, 1289. pp. 137–153.]