America and West Indies: August 1701, 26-30

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

This free content was digitised by double rekeying. All rights reserved.


, 'America and West Indies: August 1701, 26-30', in Calendar of State Papers Colonial, America and West Indies: Volume 19, 1701, (London, 1910) pp. 471-488. British History Online [accessed 21 May 2024].

. "America and West Indies: August 1701, 26-30", in Calendar of State Papers Colonial, America and West Indies: Volume 19, 1701, (London, 1910) 471-488. British History Online, accessed May 21, 2024,

. "America and West Indies: August 1701, 26-30", Calendar of State Papers Colonial, America and West Indies: Volume 19, 1701, (London, 1910). 471-488. British History Online. Web. 21 May 2024,

August 1701

Aug. 26. Ordered that an Instruction be prepared for Brigadier Selwyn, in pursuance of the Order of Council, Aug. 21.
Report from Mr. Attorney General upon the Acts of Nevis, Feb. and March, 1701, together with the Acts themselves, read. Representation ordered thereupon.
Mr. Bridges, Mr. Eyles and Mr. Heysham presenting to the Board two Addresses from the Grand Inquest of Barbados, the one to H.M., and the other to the Lord Grey, tending to justify the said Lord's proceedings since his being in that Government, they were told the said Addresses should be laid before H.M. or the Lords Justices. And they farther praying the Board to report upon the Acts for a present to the said Lord Grey, they were told it should be done as soon as conveniently it could be.
Aug. 27. Letter to the Board of Ordnance signed.
Sir Tho. Lane, with Col. Morris and two other gentlemen concerned in the Jerzies, attended the Board as they had been desired, and after having discoursed with their Lordships upon the several heads proposed by their late Memorial relating to the surrender of the Government of those Colonies, promised to consider further of those matters, and wait upon the Board on Tuesday next. [Board of Trade. Journal, 14. pp. 143–147.]
Aug. 25. 787. Journal of House of Representatives of New York. Committee appointed to examine the accounts of the Additional Duty. The Committee reported that it amounted for the whole year to 776l. 0s. 5d.
Aug. 26. It was decided that Joseph Purdy was not duly elected a Member for Westchester, but that Henry Fowler was, and the return was accordingly amended. Henry Fowler took the oaths appointed.
The Roll of the House being called over, and none of the Members that absented themselves (Aug. 20) appearing, it was ordered that they, obstinately refusing to serve their Counties, without assigning any plausible reason, be expelled the House. Warrants signed for new writs to issue for Suffolk, Queen's County, Baylwick of Ranslaer's-Wick, City and County of Albany and Westchester, in their room.
Ordered that the Commissioners of Accounts lay before this House an account of their proceedings Thursday next.
The Committee reported that it's their opinion that such an Additional Duty be granted to H.M. as this House shall think fit, and for such time and such uses as the House shall direct. Which was read and approved of.
Aug. 27. Message from the Council, Aug. 26, read and referred.
Ordered that the Representatives of the County of Ulster have leave to bring in a Bill for destroying of wolves in that County. Committee appointed to examine the Act of Assembly entituled, An Act for defraying of the publick and necessary charge throughout this Province, and maintaining the poor, and preventing vagabonds, and to report the amendments that they think ought to be made and added thereto. [C.O. 5, 1184. pp. 999–1001.]
Aug. 25. 788. Journal of House of Burgesses of Virginia. Grievance from Henrico and New Kent Counties for another bridge over Chickahominy Swamp, and amending the law for levying the charge of bridges, rejected.
Grievances from the north and south side of James River in Charles City County referred.
Grievances from Surrey and Henrico Counties praying that probates of wills and commissions for administrations be signed in the Counties where they were granted, and from Surrey and Nansemond Counties, that Grand Juries be summoned twice a year to make presentments and immediately discharged, not proceeded with, as being dealt with by the Committee for Revisal of the Laws, to whom also the consideration of the Grievance from Surrey County was referred, that a suitable clause may be added to the Law for transportation of negroes set free, whereby they may be hindered from returning; also the proposition from Elizabeth City County for liberty to keep more Ordinaries.
Proposition from Elizabeth City County, for regulating all the counties and parishes in Virginia, rejected.
Grievance from Northumberland County concerning horse-races and other public meetings on Saturdays, by means whereof many impieties are perpetrated and the Sabbath profaned, rejected, the Laws already sufficiently providing for the punishment of such offenders.
Resolved, upon a Grievance from Henrico County, that the report of the late Attorney General, that the buildings and improvements made upon land, which escheat to H.M., should be valued by the Jury finding the escheat, and that the grantee should pay so much per cent. composition for the same as shall be thought reasonable, is an erroneous report and contrary to Law, and that putting the said Report in execution is an infringement of H.M. Royal Charter, and a great injury to the inhabitants.
Grievance from Henrico, Middlesex, Northampton and Accomack Counties praying that the ministers may not be allowed 40lb. of tobacco per pole for their annual maintenance, referred.
Grievance from Accomack County, praying that Ministers may be fined wch. shall presume to marry white people and black together, resolved to be reasonable. Ordered that an Instruction be given to the Committee for the Revisal of the Laws to make suitable provision against Ministers doing so.
Grievance from Middlesex, praying that negroes be not kept at quarters without overseers, rejected, as already sufficiently provided for by the Laws.
Grievance from Northampton County about unruly horses referred to the Committee for the Revisal of the Laws.
Grievance from Isle Wight County, complaining that fines are levied on the people and not appropriated to the use of the County, rejected.
Grievance from Henrico County concerning rights to take up land not proceeded with, as being under consideration of the Committee for revisal of the Laws.
Petition of John Kingston, Ferryman, at Capahosock in York River, for liberty of a convenient landing place on the south side of the River, referred to the same Committee.
Petition of Richard Hutchins, Ferryman at Bowler's Ferry in Rappahanock River, complaining that Henry Nixon designs to keep a ferry just by him, referred to the same Committee.
Amendments, proposed by the Council to the Ordinance prohibiting Ordinary Keepers to entertain the workmen employed in building the Capitol, agreed to. Ordinance sent up amended.
Report of Committee upon petition of Edmund Jennings etc. ordered to lie upon the table.
Mr. Barber given leave of absence until his health permit him to attend.
Aug. 26. William Byrd, jr., and Col. Philip Ludwell, being nominated for Agent in England, the former was chosen.
H.E. Speech further considered.
And see Minutes of Council under date.
Aug. 27. Upon consideration of H.E.'s Speech, ordered that a Bill be prepared for strengthening the frontiers by sea and land, and for discovering the approaches of an enemy.
Resolved that the Bill concerning the Militia prepared by the Committee appointed for revisal of the Laws be considered this sessions. [C.O. 5, 1408. pp. 182–198.]
[Aug. 26.] 789. Address of the Grand Inquest of Barbados to the King. Assuring H.M. of their loyalty and praising Governor Grey, "by whose conduct we are become a more happy people than before we have been, and who hath always ruled with so much reason and justice, that he must be a very troublesome person (as well as unjust) that can find fault with him." Signed, John Sutton, John Merring, Joseph Browne, Peter Mascoll, Sam. Hasell, Nicho. Maynard, John Rushworth, John Green, Richd. Wiltshire, Wm. Martindale, John Walcott, John Redwar, George James, Tho. Wfleck (sic), Joseph Hannis. Endorsed, Recd. Read Aug. 26, 1701. Copy. 2¾ pp. [C.O. 28, 6. No. 13.]
[Aug. 26.] 790. Similar Address. Thanking the Governor for his appointment of Thomas Sadler to be Chief Judge. Same signatures and endorsement. 2 pp. [C.O. 28, 6. No. 14.]
Aug. 26.
26 mo./6 (Aug.)
791. William Penn to the Council of Trade and Plantations. Honourable Friends. Having received none from you since my last of the 6th of Mar. I send this according to promise to accompany such of our Laws as being past or reviewed by our last Assembly are thought fitt to be presented for the King's approbation, and naturally first offer them to your Board, from whence I request you to favour them with what dispatch your other affairs will suffer you to allow them. There are some others that yet want a second hand, which when past upon them, shall wait on you with all expedition. And now I know not how to avoid observing to you that by a ship last week arrived here from London, I have received the extracts of two reports made from your Board, the one to the House of Commons, the other to the Lords, relating to our Proprietary Governments in which, if the extractors have done you justice, you must excuse me if I complain of the want of it to me. Some faults doubtless must have been committed in an Infant Colony in the space of eighteen years, but this is my comfort, the greatest of them are owing to the administration of a King's Government when mine was superseded, yet even those were but moats in comparison to the beams in some others that you seem to prefer, as I could largely prove, and have been expiated, I hope (as you are pleased to acknowledge) upon my arrival. The Representation of what particulars have been since and follows in your Report to the Lords seems wholly unaccountable. As to the Commission of Water-Bailif to the Sheriff of Philaia., who never served three warrants by it, and that to him of Newcastle (which is all I granted), who never served one that I know of, I shall say little here, having wrote largely to the Lords of the Admiralty on that head, a copy of my letter to whom I send inclosed and request your notice of it. Only this, Had that active Officer of the King's been in his post, or in the Province at any time for seven months together, those Commissions had never been granted, and upon his remonstrance, at his return, they were forthwith vacated. And have I by this made infractions on the Admiralty or anything else? No, on the contrary, I have been so supine and easy to that Court in all respects, that I have been highly upbraided by ingenious lawyers of our neighbouring Colonies for exposing property for a prey to those who, thinking themselves secure under the awful language of serving the King's interest, have stopt at no piece of rigour that would turn a penny their own way, of which instances may be given that would be tolerated, I must believe, by no King's Governor in America.
The next charge is a secret Trade between this place and Curacao. Through my care that nothing should pass unobserved, I mentioned this to you in my last, and express'd a concern at it, being jealous that what had been once done, might again. But since it is made a general crime and imputation in the public, I shall give an account of all I could, on the strictest inquiry, ever hear of on that head. Since my arrival, there have but two vessels come in here from that Island, of which the Collectors' and Naval Officers' Lists can be sufficient evidence, the first a sloop of 20 tuns in Oct. last, when I was with our Assembly at Newcastle, 40 miles from Philadia. She brought (as I heard two months after, and wch. was the ground of my complaint to you) 4 hhds. of claret, one tun and a half of iron, some pieces of linnen, besides cacao nuts, which we have always reckoned are allowed. Of this Col. Quary was forthwith informed by a friend of his, who saw them landed at midnight out of a shallop, that had taken the said goods on board at our Capes from the sloop that brought them, but thought fit to take no other notice of it, till above 6 weeks after when the goods were all secured and disposed of, than to dress up his information to you, on which your Report I suppose is grounded. In other cases the Officers of that Court are not wanting, where the least dawn of interest appears, but here the profit was like to be small, and there was a higher end to be served, viz., by blacking of us to lay a foundation for greater advantages to themselves, as appears by Col. Quary being now made Surveyor of this River on both sides, with power to put and turn out all officers concerned in the Customs, himself being all the while one of the greatest Traders in these parts, two things that in all other places have been hitherto judged inconsistent, and that must needs redound highly to the prejudice of his fellow Traders, as well as the King's insecurity in his Customs. But no sooner was the account of the above said traffick brought me than we used all possible application to discover the goods, but in vain; it was near two months after the Bird was flown, and their own immediate Officer, the Marshall of the Admiralty, had no small hand in their disposal. The vessel, however, was seized and condemned, after she had been sold to persons wholly innocent, and the guilty escaped clear. The other vessel of Curacao has been guilty of nothing of that kind, that we can hear of, having brought her returns in money, yet was condemned for being indirectly owned in part by a foreigner. The last vessel from thence before my arrival, was seized and condemned also. What is said of the Pirates at the Capes, I should think bears rather a merit than any crime in me; they had been settled there (as others of that old crew have in the neighbouring Colonies) for several years under the Admiralty Officers, and upon my arrival I proceeded against them with the utmost rigour. Upon all which give me leave to say, that when I see my diligence in those very things that might have slept, had I been negligent in the King's affairs, to be turned against me, and made a crime in my Government, I cannot but think it cruel to the last degree. That one fault committed chiefly by strangers, in which no officer concerned in the Government, save the Marshal of the Admiralty, had a hand, should be made a general imputation and crime in the Publick is rigorous beyond example. That my bleeding expences for 20 years past in raising a flourishing Colony profitable to England by the consumption of her commodities, as well as other wayes, and that only by my private interest, in which my whole estate, that I could have lived much more comfortably on at home, is irrecoverably plunged, should be rewarded with the infamous brands of illegal practices in the highest, and when I might reasonably expect to be reimbursed, must be cutt out of the means, seems to carry an injustice with it, that in smaller matters would be otherwise treated. That persons gaping for preferment under the specious pretence of serving the King's interest, while all the King's Thirds in seizures and condemnations appropriated to themselves are not thought sufficient to atone for the want of a settled salary, should be countenanced and encouraged, and all their Representations without further inquiry credited and made a bottom for the ruin of the rather meritorious than culpable, while my endeavours equal in sincerity and application, I dare be bold to say, to those of any of the King's more immediate Governors, and this without one farthing allowed by the Crown, are made my guilt and crime, looks as if all the old known rules of Justice were to be read backward. Excuse me, pray, if I thus express the just resentment of my sufferings. My case is singular, since all meets on my family and fortune, and if fully stated might justly engage the thoughts of all Englishmen to whom property is sacred. Nor is it the powers of Government alone that is here to be contended for, our liberties and the first inducements to undertake so hazardous and difficult an enterprize are struck at by that Bill, and must inevitably fall, if carried on upon the bottom it now stands. Of the preamble, to which I cannot but observe that it seems to recommend and strengthen itself by the word Independant Governments, I know that term cannot relish well with an English Parliament, but as it refers to me, you also know it is not true, my very grant making Dependencies in several respects, and if you cannot believe me the Country is a witness I have been a constant drudge to all your directions, and a King's Governor in all things but a salary. And by nothing but a downright Parliamentary omnipotency can my pretensions be overruled, but I hope by the lights they may receive before the next Sessions are over, those that are the Conservators of our Liberties and the last resort of Englishmen for right will not lightly suffer other men's mistakes or ill designs to prevail with them to ruine me and my family. Signed, Wm. Penn. Endorsed, Recd. Read Oct. 15, 1701. 3¾ pp. Enclosed,
791. i. Memorandum of Act passed in General Assembly of Pennsylvania, Oct., Nov., 1700. ½ p. [C.O. 5, 1261. Nos. 18, 18.i.; and 5, 1289. pp. 201–206.]
Aug. 26. 792. Minutes of Council of New York. 3l. 10s. ordered to be paid to Elizabeth Whanewright for nursing 7 sick soldiers.
Circular Letter ordered to be sent to the Justices of the Peace of the several Counties, ordering them either to send a list of the number of males from 16 to 60 years of age, in obedience to an Order of this Board, June 17, on or before this day fortnight, that the same may be sent to H.M., or otherwise they are hereby required to appear before this Board that day, to shew cause why they shall not have done the same. The said letter also to require the Justices to use all possible diligence and expedition that the quotas of 1,000l. tax and of the 2,000l tax not as yet collected and paid, may be speedily paid into the hands of the Collector and Receiver General.
65l. paid to Hendrick Hansen and Peter van Brugh for firewood for the garrison at Albany.
Col. Minvielle ordered to appear to-morrow. [C.O. 5, 1184. pp. 577, 578.]
Aug. 26. 793. Minutes of Council in Assembly of New York. Henry Fowler took the oaths etc. appointed.
Ordered that the Representatives be acquainted that this Board do think it necessary for H.M. service that the Public Accounts of the Customs and Revenue kept by the late Col. Stephen Cortlandt, should be immediately stated and adjusted, and desire that in case the Commissioners have not made their report to the House, the House would order them to do the same forthwith. The Board also desire that the House would forthwith apply themselves to the consideration of the immediate defence of the frontiers of this Province. [C.O. 5, 1184. pp. 867, 868.]
Aug. 26. 794. Minutes of Council of Virginia. Ordered that the following proposals be drawn out fair and laid before the House of Burgesses by order of His Excellency: (1) Whereas several parishes are not able of themselves to maintain a Minister to preach weekly, wch. means piety decays, ye Sabboth is prophaned, and ye inhabitants thereby encouraged in a loose, licentious and desolute course of life, that therefore care be taken to make the parishes equal by consolidating them, that they may be enabled to maintain a Minister. (2) That some effectual care be taken for ye safety and security of this Colony, to furnish the inhabitants with arms and ammunition. (3) That a due consideration be had to all the subject matters and proceeding in Council, July 3 and 4 last. (4) Whether it is not most proper in regulating the Militia, that every company consist(ing) only of fifty soldiers and every troop thirty. (5) That an Address be made to H.M. that two engineers and fire-masters, well skilled in manageing mortar-pieces, granadoes and all fireworks for war, may be sent hither, and all materials for yt. purpose with granadees and dragoone armes. (6) That care be taken for speedy conveying of all public letters, which shall be accounted such, how and by whom to be superscribed, and that all delinquents therein be punished. (7) And for the better despatch of all publick business, consideration be had yt. public Ferries be well and sufficiently kept and maintained in all convenient places, and yt. all great bridges from County to County or otherwise be strongly made and sufficiently repaired. (8) That several particular places be appointed in each County for expresses to (be) sent to. (9) That care be taken to restrain seamen from deserting their service, wch. is very often to ye loss and ruine of the voyages and great prejudices of the owners. (10) That especial care be taken to restrain seamen belonging to any of the King's ships in this Colony from deserting their service. (11) That severe penalties be inflicted upon all such yt. harbour or entertain ym. knowingly, and yt. all yt. harbour, entertaine, truck, trade or deal wt. any servant or slaves belonging to the inhabitants of the County, and all such as shall encourage, aid or abet any servants or slaves in evil dissolute practices, be severely punished. (12) Whereas when embargoes are laid, several ships notwithstanding steal away from the fleet, which may be of very dangerous consequence, that some care be taken to prevent the same, that it answer the end for which it was laid. (13) That for the more especial suppressing of sin and vice, and obtaining due conformity and obedience to ye Laws, one Act be established and made to reinforce the due observation of all penal Laws now in force, puting the same in execution. (14) That some speedy care be taken to make all ye Counties, especially those between James River and York River, from the head to the mouth thereof, more compact than now they are by dividing them in some other manner. (15) That if it may be effected, no one county be less than 800 tithables and no one parish less than 400. (16) That one and the same County and one and the same Parish shall not be divided by a River, where it may conveniently be done without. (17) That if they cannot agree for dividing ye Counties, that care be taken concerning ye City of Williamsburgh, it being seated in the two counties, yt. the Sherif's power may extend into each County, that jurors may be taken to attend ye General Court. (18) That they renew the imposition Acts. (19) Some account of disbursements for public Charities amounting to 146l. 8s. 3d. (20) That regard be had to the Representations of the Directors and Trustees of the City of Williamsburgh concerning payments to be made to ye several proprietors for ye land assigned. (21) That you take care that a house be erected for ye Governor to make his residence at the City of Williamsburgh, according to H.M. Instructions, and the Instructions of the Council of Trade, which I now give you.
Aug. 27. Joint Conference appointed to consider the Indian affairs. [C.O. 5, 1409. pp. 145–147.]
Aug. 25. 795. Minutes of Council in Assembly of Virginia. Report of ye Committee for strengthening the frontiers read the second time and amended.
Ordinance of the Assembly prohibiting ordinary-keepers from entertaining workmen on the Capitol sent up, agreed to and sent down.
Aug. 26. Message sent to the House of Burgesses with proposals for their consideration, which H.E., owing to indisposition, had desired the Council to communicate. (Proposals abstracted above, under date.)
The Council suggested that an answer should now be made to Lieut.-Governor Nanfan, Mr. Duncan Campbell being forthwith bound to New York, and this opportunity being overslipt, it will be a great charge to send an express for that purpose.
Aug. 27. Conference held for settling matters relating to Indian affairs.
Ordinance of the Assembly for settling ye bounds of Isle of Wight, and an Act concerning ye Militia, ordered to lie upon the table, and to be read in a full Council. [C.O. 5, 1409. pp. 350–354, 475–479.]
Aug. 27. 796. Council of Trade and Plantations to the Principal Officers of H.M. Ordnance. Desiring an estimate of the stores to be sent to Jamaica apart from the ingredients for bombs etc. estimated for Aug. 21. Signed, Jno. Pollexfen, Abr. Hill, Mat. Prior. Annexed,
796. i. Lists of stores, enumerated Aug. 12 and 21. [C.O. 138, 10. pp. 282, 283.]
Aug. 28.
797. Lieut.-Governor Bennet to the Council of Trade and Plantations. Enclosed are Articles against Mr. Jones, Sherriff of these Islands, which were presented unto me by the Assembly, upon which (together with his unmannerlyness to me) I suspended him till H.M. pleasure be further known. I beg leave to trouble your Lordships with this Gentleman's behaviour, when I sent for him, being in Council, to let him know what was alleadged upon oath against him, who after hearing the Articles read, made several frivolous objections, and cast many reflections on the Council, whereupon I ordered him to withdraw, assureing him he might depend I would do him all the Justice he could expect, to which he replyed in a very sawcy manner, as for Justice he expected none from me. Some time after his suspension, the Assembly prosecuted him upon the Articles, and will come to his tryal at the Assizes in December, an account of which I will transmit by the succeeding opportunity, and if it should so happen, which to me seems impossible, that he should be cleared from that indictment, I humbly hope the affront to me may be considered, and that to restore him must consequently lessen me in the esteem of the people, which will expose me to a great many inconveniencys, and in a great measure incapacitate me performing that duty which is expected from me. And to add to his qualifications for so great a trust, enclosed are copies of his accounts from his entry upon his Office, and the Minutes of Council upon them, who when we demanded a rent-role of the King's lands, answered that he never had one, but that his custom was, when he had a mind to receive the King's rents, he made publication of it, and the tenants accordingly came in and paid their money, but whether all appear'd he could not be positive, and to bring an instance where the King has been wronged, there is one James Bassett mentioned in his accounts, who paid noe rent for two years, nor was it demanded from him. Enclosed is also an Act relating to the Sherif, which both the Council and Assembly pressed me to pass before the Articles were exhibited against him, but I refus'd it, his Commission not obliging him to give security, and after he was suspended, they offer'd it again, making great application to me about it, and finding the whole hinge of affairs hung on their gaining that point, therefore (to facillitate business) I thought it prudence to pass it, H.M. having reserved the priviledge to disallow, and I think it my duty to acquaint your Lordships that the King's business can never be so well done under the restraint of the security in that Act imposed, because Sheriffs will be afraid to officiate, but in plain and comon cases. And if H.M. should think fit to send one over with his Commission (and not to let that employment be in the nomination of the Governour as formerly) it will be impossible that any stranger should be able to give the security required, and indeed their meaning for promoting this Act was that neither the King should send such an Officer here, nor to let it be in the Governor's power to prefer any friend he brings with him to that office. There are several other Acts passed, but the Clarkes have not had time to transcribe them, particularly one for the repairing the Castle and Fort, so that if H.M. would please to allow the supply of Ordnance mentioned in my former letters, I doubt not but to give a good account of this place, if we should be attacked. As for the state of affairs here, they are in as good a condition, as the disposition of the people will allow, self-interest being chiefly the practice of this place, but I hope I have put matters under such a regulation, that Law and Justice will take place. I have had many complaints from the people against my predecessor Mr. Day and his Officers, all which I have referred to be decided by the Law, and doubt not but in time to make this place so conformable both in church and state, as to deserve a better character than it now has. Signed, B. Bennett. P.S.—This comes by way of New York. Endorsed, Recd. 15th, Read Dec. 20, 1701. Holograph. 3 pp. Enclosed,
797. i. Abstract of preceding. 1 p.
797. ii. Articles exhibited by the General Assembly of Bermuda to the Governor against Edward Jones, the Provost Marshall: (1) Contrary to the Act of Parliament that Sherriffs should have sufficient lands upon the place or within the County wherewith to answer in case of miscarriage, and should enter into recognisances with sufficient securities before they execute any part of their office, Jones hath no lands upon these Islands, nor hath entered into any recognisances nor given any security upon the place. (2) He hath very often exacted double the fees settled by Act of Assembly. (3) He hath denyed many of his prisoners necessaries for lodging, meat and drink, other than what they received under the door or in through the gates. (4) He hath imprisoned Col. White and Thomas Smith without any warrant. (5) He did, as is verily believed, lay with design a considerable parcel of gunpowder, or cause it to be laid, on the prison floor, where several persons were confined. (6) He did upon his oath in open Court at the Assize, Dec., 1700, swear that Thomas Smith did make an escape from him, which appears to be false, and Jones never served any warrant upon Smith. (7) At the said Assize, he made an affidavit against Col. Anthony White and Thomas Smith, sen., for beating him. On being examined on his oath by the Grand Inquest if Col. White did strike him, he replied, No, and next day declared upon his oath the contrary. (8) He hath, contrary to law, violently broken open the houses of Thomas Smith and John Dickenson, and made Dickenson a prisoner in his own house, without any warrant served, by besetting his house in the night with armed men, and keeping a guard upon it, giving a strict charge to the Guard not to let anybody go in or out, Mr. Dickenson being then very dangerously sick in his bed, by which method he must in all probability have perished, if he had not had meanes in his house to have given him relief. (9) He hath threatened in a most violent manner several persons, calling them rogues, dogs and villains and sons of slaves, and should know his authority, denying them the use of their own bedding, forbidding the keeper of the gaol to suffer any manner of necessaries to lodge upon to be brought into the prison, notwithstanding it was in the midst of winter. (10) He did extort and take from the Widow Potter four pieces of eight, before he would suffer her to remove her bed out of prison. (11) He hath served several executions on Col. White granted by Gilbert Nelson, late Chief Justice, altho' Nelson had not the jurisdiction of the matter. (12) He did extort unreasonable fees by obliging Mr. John Dickenson, then his prisoner, to pay for serving several four warrants, when really but one was served on him, and taking 12 times as much as the settled fee for each warrant, and also double the settled fee for the Turnkey. (13) He did sieze the lands and goods of several persons, turning their tenants violently out of their possessions, beating and threatening them, and violently abuseing one poor woman bigg with child, inasmuch as that she was forced to cry out, Murder, which occasioned her husband to run to her relief, against whom Jones drew his sword and terrified him away, and all this notwithstanding the persons, whose lands hee seized, have not been convicted. (14) He detained several persons in prison several days after they were cleared in Court. (15) He hath several times extorted unreasonable and unusual fees from Masters of Vessels for liberty to pass the Castle, and whereof he was Commander, contrary to the directions and intent of the Act of Assembly. (16) Contrary to the duty of his office, he hath taken no care for supplies of ammunition for the King's Castle, whereof he was Commander, and hath abused several persons for suffering Col. Peasly to come upon the Castle, who was also abused by Jones for complaining of the want of powder, who found no more than two or three shotts of powder, some considerable time after wee had the news of a daily expectation of warr with the French. (17) He hath taken upon him the office of a Councillor, and consequently one of the Judges relating to matters of Chancery, which is inconsistent with the office of Provost Marshall, who must serve his own precepts; and hath several times served executions, to the great damage of several of H.M. subjects, out of that Court of Chancery whereof he himself was one of the Judges. (18) He hath publickly declared his refusal to serve any warrant or to be subject to any precept of the Justices of the Peace, by which refusal he hath rendered himself incapable of holding the office of Provost Marshall. (19) But by pretence of a precept of the late Governor Day, he did take the goods of Benjamin Wainwright, junr., of Sandys Tribe, so much as the very bedding from under the poor man, his wife, and children, and at the same time, by pretence of the said precept, arrested his body and carried him to the gaol, and there hath most illegally detained him for 10 weeks, without any legal process or tryall. All which is most humbly laid before your Excellency in Council, and hath been already proved against him before the Committee of Grievances on oath, and therefore doe humbly pray that your Excellency would suspend the said Jones from all his offices and profits thereunto belonging, and that he may be left open to the Law, and also that you would appoint such other persons as shall be better qualified for the said offices and that Wainwright may [be] discharged from his illegal imprisonment without fees. Attested copy. Sept. 1., 1701. Endorsed, Recd. Dec. 15, 1701. 5½ large pp.
797. iii. Copy of Minutes of Council of Bermuda, June 27, and July 1, 1701, relating to the suspension of Edward Jones, Provost Marshal and Secretary. Same endorsement. 2 pp.
797. iv.–viii. Mr. Jones' accounts of H.M. Rents in Bermuda with Minutes of Council thereupon, July 22, 30, Aug. 4, Aug. 11, 1701. 9 large pp. in all. Same endorsement.
797. ix. Memorandum of An Act to prevent the oppression and extortion of Officers. Slip. [C.O. 37, 3. Nos. 60, 60. i.–ix.; and (without enclosures) 38, 5. pp. 183–188.]
Aug. 28.
798. Robert Quary to the Lords of the Admiralty. This is a place of considerable trade ; in particular there is a trade carried on to and from Curisao and St. Thomas's, which nothing can prevent but the care and diligence of your Officers of the Admiralty. You have made a very good choice, the Judge Landgrave Joseph Morton being a Gentleman of great prudence and ability and hath a great zeal for H.M. interest, but he is prevented and discouraged by this Government to that degree that he cannot do ye King that service he might. From the Act of Assembly here enclosed, your Lordships will see how they have affronted and as far as in their power destroyed all the powers and jurisdictions of the Admiralty in this Government, and past this Law in perfect opposition and contempt to an Act of Parliament of England. I hope your Lordships will take such speedy course that this pernicious Act may be repealed and the King's Officers encouraged and supported in the due execution of their office. The Judge of the Admiralty hath oft represented these and many other affronts, which he and his officers have met with in this Government, to your Lordships, and made a Representation to the Council of Trade and the Commissioners of Customs, but he hath been so unhappy that all his letters have been intercepted or otherwise miscarried, that he could never receive any orders or directions from your Lordships, or any others in these matters of so great concern to H.M. service. I have assured him what he now sends to your Lordships shall goe safe under H.E. Governor Nicholson's cover. He has suffered many ways for his zealous espousing H.M. service here, especially in one instance. Upon the death of Col. Blake, the late Governor, according to the rules of this Government instituted by the Lords Proprietors, it was the right of this Gentleman to succeed therein, but he was excluded and voted by the Council incapable thereof, meerly for his accepting of the King's Commission to be Judge of the Admiralty here, which they call a breach of trust to the Proprietors. Signed, Robt. Quary. Endorsed, R. Jan. 22, 170½. Addressed. 1½ pp. [C.O. 5, 1861 No. 19.]
Aug. 28. 799. Journal of the House of Burgesses of Virginia. Upon the Grievance from the inhabitants on the south side of James River in Charles City County, and those on the north, the first praying that a Court House be built on the south side, so that a Court may be held there once in two months, and the last setting forth that it will be an unsupportable charge, and that they had rather the County should be divided, sd. the bounds be enlarged on their house, the House agreed that the said south side is capable of being enlarged, and in all likelihood within a few years will be so far seated as to be big enough for a County itself, and that the building of a Court House now must be very inconvenient when it comes to pass. Rejected accordingly.
Upon the proposition from Surry County for ascertaining the bounds of the said County next to the Counties of Charles City and Isle Wight, the House agreed that the lines of the several Counties on the south side James River, already made to the Blackwater Swamp, be continued the same course on the south side of the said Swamp, as far as the Government extends. Ordered that the Committee of Claims prepare an Ordinance of Assembly concerning the same.
Grievance from the inhabitants of St. John's Parish in King and Queen County, praying that a division may be made of the said County, or that a Court House be built in the said parish, read ; and it appearing doubtful whether in the said parish there be a sufficient number of freeholders to perform the offices of a distinct County, ordered that inquiry be made.
Report of the Joint Committee to consider of propositions relating to the Capitol read, wherein it is proposed that the Cross Gallery be built of the same breadth the main building is. The House disagreed with this proposal. With the proposal that the porches be built circular 15ft. in breadth from outside to outside, and that they stand upon cedar columns, the House agreed, with this addition, that in case cedar posts be not to be had, they be set upon posts of other wood. They agreed to the proposal that the great dores be arched, and that it be left to the Committee appointed to oversee the building, to direct what other doors shall be made therein; and to direct where the four galleries shall be placed, which are to be made in the roome the General Court is to sit in. The House agreed that the overseer shall have liberty to take so much room out of the adjacent roomes as in his discretion he shall think fit, for the carrying up a suitable pair of stairs. Agreed that the windows in the lower storey be arched, and the lower floors raised two foot from the ground. Agreed that the Committee appointed to oversee the building have power to send to England for all such materials as are yet wanting from thence to finish the work.
Leave of absence granted to Nathaniel Harrison.
Aug. 29. Leave of absence granted to Mr. Westcomb.
Report of the Committee upon the number of freeholders in St. John's parish in King and Queen's County, read, and not being full enough, was referred back to the Committee.
Militia Bill read a first time.
It appearing that 89 Freeholders are resident in St. John's Parish, a sufficient number to perform the offices of a distinct County, resolved that a Bill be prepared for dividing King and Queen County into two Counties, and for making St. John's parish a distinct County of itself.
Committee appointed to inquire into the proceedings of the Committee appointed to inspect and oversee the building of the Capitol.
Ordered that the Report of the Committee upon Indian affairs lie upon the table.
Mr. Waters and Mr. Powell granted leave of absence owing to sickness.
Aug. 30. Mr. Mason granted leave of absence.
Militia Bill read a second and third time.
Consideration of a method, to prevent the inhabitants of Maryland committing our runaway servants to prison and there keeping them until the charge exceeds the value of the servant, referred to the Committee for Revisal of the Laws.
Upon a grievance of Norfolk County, resolved that the proceedings of the Vestry of Elizabeth River Parish in assessing the charge in building and maintaining Chapels upon a particular precinct, when at the same time the charge of the mother Church is laid upon the whole parish, is arbitrary and illegal; that the pulling down an old Chapel built at the proper costs and charge of the inhabitants of the Southern branch precinct in Norfolk County, and building a new one in another place far distant, without the consent of the said inhabitants, is arbitrary and illegal ; that the proceedings of the Vestry of Elizabeth River Parish in assessing the whole charge of building a new Chapel upon the inhabitants of the Southern Branch precinct in the said parish, is arbitrary and illegal; that it is reasonable the inhabitants of that parish have liberty to choose a new Vestry. Ordered, upon a petition of Norfolk County, that no public ferry be kept in that County, but what shall be at the County's charge. [C.O. 5, 1408. pp. 198–209.]
Aug. 28. 800. Minutes of Council of New York. The gentlemen of the Council after the death of the Earl of Bellomont and before the arrival of the Lieut.-Governor from Barbados having drawn Bills for 1,100l. sterl., on John Champante, Agent of the Forces, this day produced an account, whereby it appears by receipts that the officers of the said forces have been paid the said 1,100l., together with the full Exchange to be applied by them for the payment of subsistence to themselves and souldiers, which account was approved by the Lieut.-Governor in Council.
An Ordinance drawn up by the Clerk of the Council for the erecting and establishing a Court of Chancery in this Province was produced to this Board and read and approved of and ordered to be entered and sealed and lodged in the Secretary's Office and printed. (Entered.)
Answer of Thomas Weaver to the petition of Robt. Livingston was read. Ordered that Wm. Livingston have a copy thereof and reply thereto.
Mr. Walter's account for firewood for the Fort in New York was referred to a Committee.
Aug. 29. The Lieut.-Governor, Col. Abraham Depeyster, Samuel Staats, Robert Walters, and William Atwood, took the oaths appointed, for establishing a High Court of Chancery.
Aug. 30. Reply of Robt. Livingston to the answer of Thomas Weaver was read.
The Countess of Bellomont's account for money, laid out and expended by his late Excellency in and for the service of this Province, for fees and soliciting in England, etc., referred to a Committee. [C.O. 5, 1184. pp. 579–584.]
Aug. 28.
801. Minutes of Council in Assembly of New Hampshire. There not being a full Council, adjourned till to-morrow.
Aug. 29. Adjourned till to-morrow.
Aug. 30. Capt. Aaron Everdon, Commander of the Hope, was allowed an abatement of powder-money.
Letters about a quota of men to be sent to New York, and about a Law to be made to prevent the spoiling of trees fit for the service of H.M. Navy, were sent down to the Representatives and sent up again.
The Representatives were summoned, and attended, and were adjourned till Sept. 10. [C.O. 5, 789. pp. 261–263.]
Aug. 28. 802. Journal of House of Representatives of New York. The Commissioners of Accounts delivered their report:—Since our report to the last House, we have proceeded in the matters committed to our charge, and immediately fell upon that person who had received the greatest sums of the country's money, which was Mr. Livingstone, and as we had formerly desired the Council, so at his Honour's arrival, we desired him, under our hands, to commit the said Mr. Livingstone to gaol ; and afterwards, on June 17, we again under our hands desired the same in Council. Copy annexed. Since which time we have not proceeded further, because we conceived it to be against our oaths to proceed rigorously against other persons, when we could not force Mr. Livingstone, who had received the greatest sums, as aforesaid. Signed, Cornelius Sebering, David Provoost, jun., Leonard Lewis, Abrah. Gouverneur, Rip van Dam. Resolved, that the House immediately resolve itself into a Committee to consider of that matter, and have power to send for persons and papers. The Committee reported that the Commissioners have honestly and faithfully behaved themselves in the matter, but that it is absolutely necessary for the Peace and welfare of this Province that that matter should be accomplished, and they are therefore of opinion that a Committee of this House be appointed and that the Commissioners of Accounts be directed to join with them to consider what is proper to be done. A Committee was appointed accordingly, and recommended a joint conference of the two Houses, which was ordered, and that the Commissioners of Accounts attend it.
Aug. 29. See following abstract.
Aug. 30. See following abstract. [C.O. 5, 1184. pp. 1001–1004.]
Aug. 29. 803. Minutes of Council in Assembly of New York. Joint Committee of the Houses appointed to consider the question of the public accounts and particularly to what relates to Mr. Livingston.
Aug. 30. This Committee reported that the Commissioners appointed to examine and state the public Accounts had informed them that Robt. Livingston, who appears to have received great sums of the public money, hath absolutely refused to account before them for the same, tho' duly required thereunto, and that thereupon it is the opinion of the said Committee that it is of great consequence that an Act should pass to confiscate his real and personal estate for so much debt to the Crown as he can be charged with by the said Commissioners, unless he forthwith account before them by such a day as the Representatives shall think fit, and that if such a Bill be ordered to be brought in, notice be immediately given to the said Livingston, that he may offer such reasons as he can against the same. [C.O. 5, 1184. pp. 869, 870.]
Aug. 29.
804. Joseph Morton to the Council of Trade and Plantations. Having the honour of H.M. Commission for Judge of the Admiralty here, and meeting of late with much discountenance and many discouragements in the due execution of the trust reposed in me, I thought it my duty to acquaint your Lordships therewith. The people here in general are very averse from a complyance with the Laws of Trade and Navigation, which will evidently appear from the enclosed Act, which was lately past on purpose as much as in them lay to elude the force of H.M. Commission, to discourage and frighten all his officers, by the meanness of the fees and the greatness of the penalties, and by imposing Jurys, thereby to be sure of a strong party against the Acts of Trade, wch. most of the Jurymen seldom fail to be. Give me leave to acquaint your Lordships how this Act was procured, and how great a sufferer I have been thereby. Upon the death of Col. Blake, it was my right to succeed him in the Government. But a combination was formed against me (only because I was in H.M. service) by Capt. James Moore and others of the Council, who voted me incapable of the Government, because I had made a breach of my trust to the Proprietors in accepting a Commission from the King to be Judge of the Admiralty here, that office being in the disposal of the Proprietors. Whereupon Capt. Moore was chosen Governor, and soon after the said Act was past, wch. in the former Governor's time was in vain attempted, and, had I had my right, they knew could never have been attempted. I have made my complaints to the Lords Proprietors, but have yet received no answer. Appeals for such effectual remedys as may support the dignity of H.M. Commission. Signed, Jos. Morton. Subscribed, Joseph Morton to the Council of Trade and Plantations, Carolina, Sept. 25. The above is a copy of what I have formerly wrote you by way of Virginia, which for a safe conveyance I recommended to the hands of Governor Nicholson, having either by accident or design been disappointed in a former address I made unto you. This I send by a sure hand. I have since in open Council prest the Governor to a repeal of the Act, but without any success. So that unless your Lordships speedily interpose some effectual remedies, unlawful trade will take deeper root, and spread its branches further in these Plantations. And my constant forwardness to oppose its progress in obedience to H.M. commands, as it has been already greatly to my prejudice, so it may in time (if my adversaries prevail) issue in my utter ruin. Signed, Jos. Morton. The whole endorsed, Recd. Dec. 12, 1701. Read Jan. 28, 170½. 2 pp. Annexed,
804. i. Abstracts of preceding letters. 1 p.
804. ii. Copy of an Act for the better regulating the proceedings of the Court of Admiralty in Carolina and the fees for the same, described above. Endorsed, Recd. Dec. 12, 1701. 7 large pp. [C.O. 5, 1261. Nos. 20, 20.i. ii.; and (without enclosures) 5, 1289. pp. 335–339.]
Aug. 29.
805. Mr. Secretary Vernon to the Council of Trade and Plantations. The Lords Justices refer annexed extract for your opinion. Annexed,
805. i. Extract of a letter from Mr. Burrow to Mr. Blathwayt, Livorno, July 28, 1701. This week is arrived a ship from the Bay of Campeach directly with 160 tuns of logwood, Capt. Thomas Ogden, who never touch't at any our Plantations or at England to pay H.M. Customs, which is a very ill thing. If your Honour shall please to know and direct me how to contain myself, I can recover here the King's due. [Board of Trade. Trade Papers, 15. pp. 230, 231.]
Aug. 30. 806. Minutes of Council of Virginia. Upon Capt. Passenger's petition that the Shoreham needs careening, ordered that, if he finds it proper and necessary, the same be done with all convenient expedition. The Clerk of the Council ordered to write to Major Sawyer concerning the other part of Passenger's letter the charge seeming unreasonable. [C.O. 5, 1409. pp. 147, 148.]