America and West Indies: August 1701, 6-9

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: August 1701, 6-9', in Calendar of State Papers Colonial, America and West Indies: Volume 19, 1701, (London, 1910) pp. 399-406. British History Online [accessed 12 April 2024]

August 1701

Aug. 6. Choice of a Judge of Probate was further adjourned.
Aug. 7. Nathaniel Byfield was chosen one of the Justices of the Inferior Court of Common Pleas in the County of Bristol in the room of John Saffin, one of the Justices of the said Court.
Choice of a Judge of Probate adjourned unto to-morrow.
Order signed directing Capt. George Turfrey, Commander of H.M. Fort Mary at Saco, to set the Fort in order for defence.
Order signed, directing Col. John Hathorne, Lieut.-Colonel John Higginson, and Major Stephen Sewall to take effectual care, that the Fort at the town of Salem be forthwith repaired and set in good order for defence, after the best manner that may be, with the expence of 100l. granted for that use by the Assembly, and a further 100l. to be expended by the town of Salem for that use, and in like manner to take care that for the future the said Fort be kept in repair.
Sailing Orders to Capt. Crowe, H.M.S. Arundel, for a cruise for 10 days in the Station formerly assigned him, were drawn up and signed. [C.O. 5, 788. pp. 76, 77.]
Aug. 6.
697. Council of Trade and Plantations to the Lords Justices. Having already laid before H.M. the draught of a Commission for the Lord Cornbury to be Governor of H.M. Province of New York, we herewith in further prosecution of H.M. Commands humbly lay before your Excellencies a draught of Instructions for him in the execution of that Commission, upon which we humbly crave leave to observe that the alterations we have made in this draught from the Instructions formerly given to the Earl of Bellomont are either such as have been approved by H.M. in the Instructions given to Governors of other Plantations, and which have the same reason in relation to the Government of New York, or such as we have prepared in pursuance of H.M. directions given upon several occasions to the Earl of Bellomont during his administration, and which we humbly conceive proper to be continued to the Lord Cornbury. And we further add, in reference to his Lordship's salary, that the summe allowed to former Governors of that Province has been 600l. sterl. per annum. But not having had any Orders thereupon, we have left a blanck in that Article, to be filled up by your Excellencies' direction. Signed, Ph. Meadows, John Pollexfen, Abr. Hill, Mat. Prior. [C.O. 5, 1118. pp. 398, 399; and (rough draft) 5, 1079. No. 76.]
Aug. 6.
698. Council of Trade and Plantations to Mr. Secretary Vernon. We take the liberty to send you the enclosed extracts of the several advices we have received from New York in relation to masts and ship timber to be sent from thence, to the end that, if you think fit, the same may be communicated to the Lords of the Admiralty, and that upon those several advices compared together, the most proper directions may be given in that matter. Signed, Ph. Meadows, Abr. Hill, Mat. Prior. [C.O. 5, 1118. pp. 397, 398; and (rough draft) 5, 1079. No. 75.]
Aug. 6.
699. Council of Trade and Plantations to Sir Thomas Laurence, Bart., giving Instructions as Secretary of Maryland. Signed, Ph. Meadows, John Pollexfen, Abr. Hill, Mat. Prior. [C.O. 5, 726. pp. 90–92.]
Aug. 6. 700. Journal of Council of Trade and Plantations. Letter from Lieut.-Governor Nanfan, June 9, read, and papers enclosed laid before the Board. Upon consideration of a paragraph in the said letter relating to ship-timber, a letter was writ to Mr. Secretary Vernon enclosing an extract thereof, with extracts of what Lord Bellomont writ Nov. 28, 1700, and Mr. Livingston May 13 last.
Petition of Matthew Plowman, relating to a parcel of provisions long since had of him for the service of the frontier-garrisons of New York, read. Ordered that, whensoever he calls he may be told their Lordships have already done what was fit for them, and that if he do not find the effect thereof, which he expected, he may do well to seek his further remedy in course of law.
Draught of Instructions for the Lord Cornbury finished. Representation signed, wherewith to lay it before their Excellencies.
Order of Council, July 31, read. Ordered that the Secretary write to Mr. Thornburgh for a copy of the Lords Proprietors' Grant of the Bahamas for Wensday next.
Order of Council, July 31, relating to the colours to be worn by ships commissioned by Governors, read. Copies ordered to be sent to the respective Governors.
Order of Council, July 31, relating to stores of war in Jamaica, read.
Their Lordships having now had opportunity to discourse with Mr. Randolph upon his own and the Custom House papers, mention'd in the Minutes of July 3, ordered that the first article of Instructions, enclosed in Mr. Savage's letter of July 24, be added to those copies of the Instructions relating to Trade prepared by the Commissioners of the Customs, which are to be given from time to time to the Governors upon the Continent of America.
Aug. 8. Letter to Sir Thomas Lawrence, pursuant to the Minutes of July 30, signed. [Board of Trade. Journal, 14. pp. 126–129.]
Aug. 6. 701. Minutes of Council of Virginia. It is the opinion of H.E. and Council that the occasion of calling this Assembly and wt. H.E. hath thereupon to deliver to the House of Burgesses for their consideration be deferred till to-morrow morning, being now very late and in hopes then there will be a fuller Council, and that H.M. letter, Jan. 19, Governor Nanfan's letter, May 20, and Mr. Secretary Vernon's letter, March 4, be all laid before ye house of Burgesses.
Aug. 7. Whereas by several advices from England a general war is threatened, wherein H.M. our dread soveraigne and his Kingdoms and Dominions are likely to be deeply engaged, and ye General Assembly being now assembled together to advise wt. may best tend to ye advancement of Religion and piety, the interest of H.M. and the defence; safety and security of this Dominion, ordered that a Proclamation be drawn enjoyning a day of fasting and humiliation on Aug. 13 for Williamsburgh and the parts adjacent, and Aug. 27 for the rest of Virginia, to implore the blessing of Almighty God for the preservation of the Protestant Religion, H.M. Royal person, a prosperous success upon the consultation of this present General Assembly, and the peace and quiet of this country.
Aug. 8. The above Proclamation was read and sealed.
Tho. Holt, of Surrey County, gent., presenting a petition praying for the post of Clerk for the Committee of Propositions and Aggrievances, vacant by the death of Mr. Barth. Fowler, he being Sheerif of Surrey, and it not being known how long the Assembly may sit, the petition was rejected.
Representation of the Committee for Revisal of Laws concerning an assistant, referred to the consideration of the House of Burgesses.
Aug. 9. Adjourned till to-morrow. [C.O. 5, 1409. pp. 142, 143.]
Aug. 6. 702. Minutes of Council in Assembly of Virginia. Lieut.-Colonel Geo. Mason was sworn a Burgess. See preceding abstract under date.
Aug. 7. The House of Burgesses attending, H.E. addressed them. He delivered to them the letters mentioned Aug. 6. "I doe earnestly recommend to you maturely and deliberately to take into your most serious consideration these H.M. Commands for ye security of this H.M. most ancient and great Colony and Dominion of Virginia. I intend (God willing) to lay before you what with the advice of the Council I have already done in that affair, as likewise several propositions by God's assistance towards fully effecting ye same. The Gentlemen of the Committee for Revisall of ye Laws have represented to me ye great want they had of an Assistant, wch. shall be sent you, with what was done in Council about that affair. I have endeavoured to accommodate you with a place to sit in, as also for ye Committees, and if there be anything still wanting (wch. I doubt there may) I desire you would either let me know it or give directions to the workmen to have it done. Myself and H.M. Council (more of which I daylie expect) doe intend (God Willing) as occasion offers either to speake with you or send to you.
We have ordered the foundation of the Capitol to be laid tomorrow, if you have nothing to offer to ye contrary. But for ye more speedy and well doeing thereof, I propose that you would appoint a Committee to joyne with a Committee of H.M. Council, and if possible to sit this day, and when they do I will tell you some remarks I have made upon ye workmen, and will offer something to them towards ye well regulating of them, as likewise ye sd. Building. I would have done this affair with more ceremony, but ye state of affairs in Europe, and how many things seem to portend a general war, wherein H.M. and his Kingdoms will be like to be very deeply engaged (for it must be acknowledged that His most sacred Majesty by his inimitable wisdom, courage and conduct is ye arbiter of Peace and War there, as well as ye ballance thereof). And considering further the many weighty affairs that will lie before the Assembly this Session, I have appointed a Fast to be kept. And I don't in the least doubt but that you will readily comply with us therein etc. And see preceding abstract under date.
The House agreed to the laying the foundation of the Capitol and to the appointment of a joint Committee for the better doing thereof.
Aug. 8. The Committee made their report for the better management of the workmen employed upon building the Capitol. See preceding abstract under date. [C.O. 5, 1409. pp. 345–349; and pp. 463–467.]
Aug. 6. 703. Journal of the House of Burgesses of Virginia. See preceding abstract under date.
Aug. 7. See preceding abstract under date.
Mr. Bray granted leave of absence.
Ordered that John Sincock be sent for in custody of the Messenger to answer his misdemeanour in coming down private stairs into the House and passing through when the House was sitting.
Aug. 8. Upon reading his humble petition, he was sharply reprimanded, and then discharged, paying fees,
Leave given to Mr. Harrison to go to the country for his health.
H.E. summoned the Assembly and recommended them to take some speedy care in the perfecting the Revisal of the whole body of the Laws according to H.M. commands. And see preceding abstract under date. [C.O. 5, 1408. pp. 133–140.]
Aug. 7.
704. William Popple to Mr. Thornburgh. Your letter of July 29 has been laid before the Lords Commissioners for Trade and Plantations, wherein you express your remembrance and your persuasion in a matter concerning which they did expect you would have wrote more positively, and do yet wonder that you have not done it in all this time. Some papers transmitted from the Bahama Islands, relating to obstructions given to the settling of the Admiralty Court there, in pursuance of the Commission sent thither by the Admiralty, having been referred to the Board, their Lordships desire you to furnish them with a copy of the grant of those Islands to the Lords Proprietors thereof by Wednesday next. [C.O. 5, 1289. p. 154.]
Aug. 7. 705. Minutes of Council of New York. Petition of John Baptist van Eps and Lawrence Claese read, desiring a patent under the seal of the Province for five small islands in the Mohogs' Country, containing about 7½ acres, between Rosendall and Marteryers, the said Islands being given to them by the Five Nations in their last Conference with the Governor at Albany, which was granted unto the quit-rent of a racoon skin yearly to H.M.
4l. 14s. 6d. paid to Jan Baptist van Epe for his attendance on the Governor at Albany as interpreter for 14 days. [C.O. 5, 1184. pp. 570, 571.]
Aug. 7. 706. Minutes of Council in Assembly of the Massachusetts Bay. Resolve of the Representatives, that this Court having ordered the sum of 6,000l. to be emitted in Bills of Credit, and the Treasurer not having Bills sufficient in his hands, he be directed to imprint and emit so many Bills of Credit in suitable sums as, with what he had, shall make up 6,000l., and that the Treasurer and Capt. Andrew Belcher sign such Bills, was sent up and read. The Board refused their concurrance.
Heads of Instructions for the Agent were read and agreed upon with some alterations and additions.
Address to H.M., passed by the Representatives, was read and concurred with.
Allowances ordered to be made to Wait Winthrop, Elisha Cooke and Penn Townsend.
Aug. 8. The answer of Wait Winthrop, presented in writing, for accepting of the Agency for this Province, and containing several proposals relating thereto, being returned from the Representatives, only with a notation of its having been read, was again read, and upon debate, was withdrawn by himself. The Address to H.M. and Instructions for the Agent were signed.
Resolved, that further application be made to Mr. Willard's Church for their consent to his going to reside at Cambridge to take care of the College.
Answer prepared to Sir Henry Ashhurst, Bart., and Constantine Phips, read and sent down.
Aug. 9. The Address to H.M., with a memorial to accompany the same, and a Commission and Instructions to Wait Winthrop as Agent for this Province, were signed and sent down to the Representatives, and were returned signed by the Speaker.
Resolved that 500l. be advanced to Wait Winthrop for his service in the Agency, and 500l. more when the Council see there is need.
Resolved that it be left with the Council to order what shall be further necessary for the settlement of the College, until the next assembling of this Court, and that, if it may be, the person who shall have the Chief Government of the College reside there, and perform the service that hath formerly been discharged by Presidents.
Petition of Col. Romer, and Thomas Brattle, of the Committee for the care of the Fortifications making on Castle Island, complaining of some obstruction in managing of the said affair, was read, and they and the Captain of the Castle were heard there-upon. Agreed that the Council visit the Castle on Munday.
A Message was sent to the Representatives to propose the consideration of a farther supply for the support of ye Agency.
The House of Representatives moved that a General Fast be observed throughout the Province on Thursday, Sept. 18.
Order signed for proroguing the Court unto Wednesday, Sept. 3, and the Court was prorogued accordingly. [C.O. 5, 788. pp. 307–310.]
[? Aug. 8.] 707. Attorney General to the Council of Trade and Plantations. I have considered the Laws passed in the General Assembly of Nevis, Feb. and March last (enumerated), which I conceive are agreeable to Law and Justice, and do not contain anything prejudicial to H.M. Royal Prerogative, except that the Act for better securing the Island against all assaults, alarms etc., and for repairing the breastworks around paths lays penalties on every person above 14 years of age and under 60 that shall neglect or refuse on notice by beat of drum or otherwise to appear in arms at the place of rendezvous (sickness only excepted), and doth not allow other just reasons, which seems unjust, and the penalties are to be increased on every default in infinitum, which seems unreasonable. And for that by the said Act, if servants offend by not attending for their masters wth. arms, for small offences they are subjected to corporal punishment not exceeding tying neck and heels together; and for greater offences they are to be tryed by Feild Officers and Captains, and such punishment to be inflicted on them as they in their discretion shall order, whereby they are enabled to take away the lives of such offenders by Martial Law in time of Peace, which I conceive is contrary to the Law of England; except likewise the Act to prevent Debitors from goeing off without paying or securing their debts to be paid, and servants and slaves from being clandestinely carried off from the Island, which enacts that Masters and Owners of vessels arriving in, or belonging to any Port of the Island, shall give bond with one sufficient surety of 1,000l. penalty to H.M. for the use of the person or persons who shall be injured thereby, which I conceive is unreasonable in regard Masters of Ships cannot tell who are in debt, and the condition of the Bond required by that Act is not ascertained, and the requiring such bond may discourage persons from trading to the said Plantacion. Signed, Edw. Northey. Endorsed, Recd. 8th. Read Aug. 20, 1701. 1½ pp. [C.O. 152, 4. No. 41; and 153, 7. pp. 223–226.]
Aug. 8.
The Treasury
Chamber at
708. Copy of letter of credit from the Treasury for Vice-Admiral Bembo to several Governors in America. Signed, Godolphin, Ste. Fox, Richd. Hill, T. Pelham. Endorsed, Recd. 11th, Read Aug. 13, 1701. 2 pp. [Board of Trade. Plantations General, 5. No. 103; and 36. pp. 21, 22.]
Aug. 8. 709. Memorandum of preceding. Slip. [C.O. 137, 5. No. 44.]
Aug. 8. 710. Memorandum of Copy of a Letter of Credit from the Treasury for Admiral Bembow to the Governor of Barbadoes, dated Aug. 8, 1701. Endorsed, Recd. 11th. Read Aug. 13, 1701. Slip. [C.O. 28, 6. No. 10.]
Aug. 8. 711. Memorandum of similar letter to the Governor of Virginia. ¼ p. [C.O. 5, 1312. No. 15.]
Aug. 8. 712. Memorandum of similar letter of credit to the Governor of the Massachusetts Bay. ¼ p. [C.O. 5, 862. No. 72.]
Aug. 8. 713. Memorandum of similar letter to the Governor of the Leeward Islands. Slip. [C.O. 152, 4. No. 40.]
Aug. 8.
714. Minutes of Council of the Massachusetts Bay. Elisha Cooke was chosen for Judge of the Probate etc. within the County of Suffolk.
Aug. 9. Commissions were signed for Wait Winthrop, Chief Justice of the Superior Court, John Saffin, Justice of the said Court, Nathaniel Byfield, Justice of the Inferior Court of Common Pleas in Bristol, and Elisha Cooke, Judge of Probate, Suffolk County. [C.O. 5, 788. pp. 77, 78.]
Aug. 9. 715. Minutes of Council in Assembly of Virginia. The Clerk of Assembly informing H.E. that ye House of Burgesses had adjourned till Monday, the Council also adjourned till Monday at 9 a.m. [C.O. 5, 1409. p. 467.]
Aug. 9. 716. Journal of the House of Burgesses of Virginia. Miles Cary junr. appointed Clerk of the Committees for Election and Privileges and for Claims. Doorkeepers continued, and the Orders of the House read and approved. Ordered that the House be called over as often as shall be thought convenient, and that those members that shall be wanting in their duty of attendance be liable to the censure of the House. Fifteen members with the Speaker to be a sufficient number to adjourn.
William Jones appointed Clerk to the Committee for Propositions and Grievances.
Ordered that the Committees have power to adjourne themselves de die in diem, and to send for persons, records etc. they shall have occasion for.
Ordered that all propositions, grievances and public claims be brought into the House on Aug. 18, or not to be received into this Sessions without particular leave of the House. Notice to be published of this resolve.
Petition of William Drew rejected.
Leave given to Mr. William Armistead to go into the country.
Petition of the Minister, Church Wardens and Vestry for Lownes Creek Parish in the County of Surrey referred to the Committee of Grievances.
Memorial of Capt. Passenger referred to the Committee of Claims. Several public claims referred to the same Committee. [C.O. 5, 1408. pp. 140–143.]