America and West Indies: September 1701, 1-5

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: September 1701, 1-5', Calendar of State Papers Colonial, America and West Indies: Volume 19, 1701, (London, 1910), pp. 489-506. British History Online [accessed 18 June 2024].

. "America and West Indies: September 1701, 1-5", in Calendar of State Papers Colonial, America and West Indies: Volume 19, 1701, (London, 1910) 489-506. British History Online, accessed June 18, 2024,

. "America and West Indies: September 1701, 1-5", Calendar of State Papers Colonial, America and West Indies: Volume 19, 1701, (London, 1910). 489-506. British History Online. Web. 18 June 2024,

September 1701

Sept. 1. 807. Journal of Council of Trade and Plantations. Letter from Mr. Secretary Vernon, Aug. 29, about an English ship arrived at Leghorn directly from the Bay of Campeachy with Logwood, read. Representation ordered.
Letters from Sir W. Beeston, May 30, read.
Letter from Livingston, June 21, read.
Sept. 2. Letter from Mr. Blathwayt to the Secretary, Aug. 22 O.S., and from Col. Bennet, June 9, read. Ordered that Mr. Nodin have notice to attend to-morrow.
Representation ordered Sept. 1 signed and sent to Mr. Yard.
Sept. 3. Representation upon the Acts of Assembly of Nevis signed and sent. Mr. Nodin attending and being asked concerning the state of the Company of soldiers at Bermuda in relation to their pay, said that since the first 400l. which he remitted when Capt. Bennet went over, he has received and remitted 122l. 5s. 3d. more, which is for their subsistence till Dec. 10 next, as Capt. Gardner, Agent for the Regiment, had informed him. He promised to speak with Gardner and inform their Lordships what prospect there is of receiving anything further upon account of the Company.
The Lord Cornbury presented a Memorial, which was read. But upon the first article relating to the Militia of the Jersies and Connecticut, their Lordships did not think fit to make any present Resolution, because of the surrender of the Jersies, which lies now under consideration. Upon the 2nd article, relating to levy mony for the recruits, which he has orders from the Lords Justices to raise, their Lordships observed that the matter being already before the Lords Justices, it is not proper for them to intermeddle therein without Order ; and upon the last Article relating to his passage, he was told that this Board had already done what he desired by their Representation of June 26 last ; and the Order of Council then made upon it was also shown him.
Letter from Col. Blakiston, May 25, read, and the papers therewith transmitted laid before the Board. The Acts of Maryland enclosed were ordered to be sent to the Solicitor General for his opinion. [Board of Trade. Journal, 14. pp. 147–152.]
Sept. 1. 808. Minutes of Council of Bermuda. Ordered that whosoever complainant or defendant in the Court of Chancery shall hereafter on his motion in Court have his cause referred or put off from one Court to another (which by this Court shall be considered to be of any benefit to either party) that then such person receiving the same benefit shall pay costs to the other party for that day's attendance. [C.O. 40, 2. p. 43.]
Sept. 1. 809. Minutes of Council of Maryland. H.E. acquainted the Board that the Nanticock Indians have lately held a great Matchecomico, wherein were present several foreign Indians, without giving notice to this Government. Whereupon, and in regard of ye present prospect of a war with France, it is thought that we cannot be too cautious to inquire into and prevent their underhand practices in inciting our Indians to be troublesome to us, and to join with our enemys. Committee therefore appointed to go to them, and require to know what those foreign Indians were, and what was the occasion and result of their Matchecomico, and if they have any just ground of complaint to make to this Government, which if they have, to acquaint them H.E. the Governor will be ready to do them justice.
Letter from Mr. Secretary Vernon, March 4, 1700/1, read, signifying H.M. pleasure to have this Province upon their guard for the better security thereof from any sudden attempt of an enemy. Ordered that the Militia are (sic) diligently mustered and trained according to the Act of Assembly now in force, and the Province is pretty well furnished with arms.
H.M. Letter Jan. 19, 1700/1 read, requiring this Province to assist and supply the Government of New York with 160 men and 650l. sterl. for the erecting and maintaining of forts there for the defence of that H.M. Province upon notice given from New York of their want thereof, which being considered it is thought fit to be communicated to the Assembly at their next meeting, that it may be proposed to them to raise the same if required from us by that Government.
H.E. acquainted the Board that the Council of Trade and Plantations have been pleased to require an account of what tobacco has been raised by the 40lb. tobacco per poll to the Ministry, since the first Act of Assembly for raising thereof, whereupon he had issued an Order to the Ministers and Vestrys of the respective parishes, to cause the accounts of the 40lb. per poll to be transcribed and transmitted to him by the first day of the next Provincial Court.
Letter from William Harris, of H.M. Justices of Cœcill County, in behalf of that County Court, complaining of their late Clerk, Daniel Pearce, that he had not completed his records, but in a shameful manner kept his Minutes, and entered up judgements for the petitioner, when given for the defendant, some judgments not at all, and most in blank, and praying that some persons being Commissioners of that County Court might be impowered and required to sit by the said Pearce whilst he is making up the said Record, the Court being afraid to trust him with the Books. Ordered that the Justices of Cœcil County Court do at their next County Court appoint two of their own Members to sit by whilst Pearce is employed in perfecting the said records, and also that Jno. Carville, the High Sheriff, do take him into custody, and bring him before H.E. and Council.
Whereas H.E. is informed H.M.S. Lincoln will sail from Virginia to England some time in Sept., ordered that the Collectors give notice to the Commanders of ships, upon their cleanings, that they may call in at Virginia, and, if they please, take the benefit of that convoy. [C.O. 5, 744. pp. 1–6.]
Sept. 1. 810. Journal of Assembly of New York. Report of the Commissioners' proceedings with Mr. Livingstone. When acquainted that they were ready to receive his accounts, Mr. Livingstone replied that, for what money he received for the King, he had given an account already, and as for what he had received from the King, desired to know his charge, and in a reasonable time he would discharge the same. They answered that, if he would bring his books or accounts of what he had received from the King, and for what he had received the same, they were ready to lay the King's Books open with the same, and compare them. He thought it a great hardship to be compelled to give his particular accounts of his discharge, without having his charge first given him for what he is to account, being for money received from the King, and not for the King, but is willing to give all the satisfaction imaginable, and has begun to transcribe all the particular accounts for 17 years past, and has gone a pretty way in it, but having been taken up by the public since my Lord's death, and given his attendance at New York, and at Albany, relating to the affairs of the Indians, has not been able to accomplish the same. He desired that the Commissioners would send one or two of their members to his Chamber, where he will shew how far he has advanced, that they may report what reasonable time will be required.
The House unanimously decided that these pretences were frivolous and that Livingston hath thereby wholly disobeyed the Act empowering the Commissioners, and therefore this House cannot agree to give any further time to him, it plainly appearing that he has had nigh eight months to state the said accounts. Ordered, that a Bill be brought in for the confiscating the real and personal estate of the said Livingston for so much debt to the Crown as he can be charged with to have received by the said Commissioners, if his accounts be not delivered to them before Wednesday next. And that he have notice of this immediately and that the Commissioners of Accounts do with all expedition examine the books of what he has received, and what other matter relates thereunto. Committee appointed to consider in what manner an Additional Duty shall be granted to H.M. Ordered that the Commissioners of Accounts do attend the matter of accounts to-morrow morning from seven to ten, and that Mr. Livingston have notice thereof.
Sept. 2. The Commissioners reported that they had met, and that Mr. Livingston had not attended.
Ordered that an Act to repeal the Act for defraying the public charge be brought in, and another to declare the matter more fully.
The Committee to consider an Additional Duty reported that an additional duty be laid upon all European goods imported into this Province from any of H.M. Colonies, 6 per cent.; upon every pipe of wine 10s.; upon woollen manufactures made in our neighbouring Colonies, 10 per cent.; upon every pipe not directly imported, 40s.; upon rum directly imported, per gallon, ½d., indirectly, 4½d.; for other strong waters per gallon, distilled by our neighbours, 4½d.; for beer imported by our neighbours, per barrel, 4s.; on negroes not directly imported per head, 20s. This report read and re-committed.
Ordered that a Bill be brought in to enable the City and County of Albany to defray their necessary charges.
Bill ordered to be prepared for further regulating the Elections.
Bill ordered to be brought in for the allowance of 6s. per day to the Representatives from the beginning of this Sessions, and that the other Bill be repealed.
Sept. 3. Act for regulating the Forces in Ulster County read the first and second time, and committed.
Act for confirmation of an agreement between Thomas Swartwont & Co. and Gerret Aertsen & Co. read the first time.
Joint Committee to consider the immediate defence of the frontiers proposed. Printed. [C.O. 5, 1184. pp. 1004–1006.]
Sept. 1. 811. Journal of House of Burgesses of Virginia. The House was called over, and some excused on account of sickness etc. Ordered that Joshua Winn, James Bray, Henry Applewaite, Thomas Giles, Thomas Milner, William Armistead, William Cary, William Gough, Gawin Corbin, and William Tayloe, be sent for in custody of the Messenger to answer their default in not attending the services of this House.
The House agreed to the Ordinance prepared by the Committee for setting the bounds of Isle Wight, Surrey and Charles City Counties. Messrs. Wynn, Millner and Bray discharged out of custody, paying fees. Consideration of H.E.'s proposals adjourned owing to the absence of several members.
Act concerning the Militia read a third time, amended and passed, and sent up. Ordinance for settling bounds also sent up. Mr. Armistead discharged out of custody, paying fees.
Sept. 2. Book of reports from the Committee of Public Claims ordered to lie upon the table.
Mr. Corbin, Mr. Tayloe, Mr. Applewait, Mr. Giles discharged out of custody, paying fees. Mr. Clay discharged out of custody, paying no fees.
The House in Committee considered H.E.'s propositions and drew up several resolutions thereupon, which were ordered to lie upon the table.
Mr. Gough was discharged out of custody, paying fees.
Sept. 3. A message from H.E. and Council, desiring to know what answer shall be given to the letter of Lieut.-Governor Nanfan concerning the quota of assistance ordered by H.M. letter of Jan. 19 last, was answered to the effect that, H.M. letter had been under the serious consideration of the House, and when they had fully considered H.E.'s propositions, they designed to signify their several resolutions, in an humble Address to H.E. Petition of Jno. Tullit, referred by H.E. and Council to this House, read, and the same praying for the apprehension of a runaway negro, who hath lain out three years and committed several robberies and offences, resolved that a Bill be prepared making it lawful to kill him and a felony to entertain, harbour, truck or trade with him. 1,000lb. of tobacco ordered to be offered as reward for killing or taking the said negro.
Petition concerning land in Pamunkey Neck referred.
Resolved, that the subject matter of H.E.'s first proposition (No. 794) is sufficiently provided for by the laws already made, and the second by the Act concerning the Militia, which passed this session. The proceedings of this session already agreed upon will answer H.E.'s third proposition. The matter contained in H.E.'s fourth proposition is wholly in his province. (5) This country is not able to pay the charge of engineers and fire-masters, or the materials suitable for fire-works and fire-ships. The subject matter of H.E.'s propositions, 6–12, referred to the Committee for the revisal of the Laws. (13) The penal laws now in force are sufficient. (14–16) It is not convenient to make any alteration in the bounds of counties and parishes already settled, but when representation is made from counties or parishes that they are aggrieved. (17) It is necessary that the sheriff, which shall attend the General Court, have power to summon jurors or evidences in any part of the City of Williamsburgh. Bill ordered to be prepared accordingly. Consideration of Propositions 18 and 19 referred to a farther time. (20) Ordered that the directors and trustees of the City of Williamsburgh do lay before this House a particular account of every Proprietor's name concerned in the land taken up for the said City, what quantity of land each is to be paid for, what lots are disposed of, and what is received thereupon. (21) This country is not in a capacity at this time to undergo the charge of building a house for the Governor.
Ordered that the petition of Charles Evans, on behalf of his master, John Woodson, for further allowance for writing the Pirate trials, be rejected.
Resolved that the method already appointed for the revisal of the Laws is the best, and ought to be continued until the revisal be finished. The House approved Mr. Robert Beverley's undertaking the part which was assigned Mr. Fowler in revising the laws, and ordered that he, Major Peter Beverley, and Mr. Benj. Harrison be paid 90l. each as an assistant, at finishing the revisal. 50l. ordered to be paid to Major Peter Beverley for what he has done since the last session.
Payment of Members of Committee for revising the laws ordered to be made according to their attendance. The House negatived the Report of the Committee of the whole House, that the Committee for revisal of the Laws have leave to meet in March next.
Ordered that a Committee be appointed to prepare an Address to H.M., representing the case between this Government and New York, and suitable instructions for our Agent thereupon. [C.O. 5, 1408. pp. 209–221; and 5, 1409. p. 355.]
Sept. 2. 812. Minutes of Council in Assembly of Virginia. Bills sent up by the Burgesses, Sept. 1, ordered to lie upon the table, to be read in a fuller Council.
Sept. 3. See Journal of Burgesses under date. [C.O. 5, 1409. pp. 478–480.]
Sept. 2. 813. Governor, Lord Cornbury to the Council of Trade and Plantations. Finding from his Commission for the Government of New York that the command of the Militia in the Jerseys and Connecticut is placed on him, he humbly conceives that he shall not be able to serve the King so usefully as he desires, unless he may have a power of Commission to nominate the officers of the Militia there. He has received an Order from the Lords Justices, July 31, for the raising such recruits as are necessary for the fitting up the four companies at New York (which have suffered very much by desertion since Lord Bellomont's decease); and has endeavoured ever since to raise that number of men, but hitherto without success, for want of levy money, not but the men are to be found, if there were any encouragement given. He therefore hopes your Lordships will consider how much more difficult it is to raise men to goe to soe remote a part of the world, then for Irland or Holland, and represent the necessity of that service to the Lords Justices and Treasury. He hopes to be ready to sail in a few days, and prays for the usual allowance of tunnage. Signed, Cornbury. Endorsed, Recd. Read Sept. 3, 1701. 1 p. [C.O. 5, 1046. No. 35; and 5, 1118. pp. 407, 408.]
Sept. 2.
814. Extract of a letter from Capt. Peers to Mr. Southwell. Capt. Elliot is not yet returned from his cruise, upon which he has been these nine or ten weeks, but expected soon in. We have dayly for a long time past expected Admiral Bembo, pray God that he may come time enough to be of use to us. For this day being to wait on Col. Knights, Governor of this town and fort, he read me a letter from Sir Wm. Beeston, which advised him that by letter from St. Thomas, he had great reason to believe that we should be attacked by M. de Cas, the late French Governor of Petit Guavas, who with 18 men of war designs on this Island. Upon which Capt. Daws, of the Margett, is ordered to the coast of Hispaniola, to observe their motion, and to try what intelligence he can learn from Petit Guavas, or thereabouts of the design. We are here in a pretty good posture of defence. All unmounted guns are putting in order on the lines, and the new Citadel will be finished this week. A Council of War sits this day on this affair. But after all (tho' 'tis good to be upon our guard and ready to make our defence) yet some believe that 'tis only a rumour, and say that ye French and Spaniards will never attack us first. But they are no people that will lose an opportunity, knowing that Admiral Bembo is so soon expected, and that then it will be in vain to look towards this Island. Refers to mortality amongst the soldiers. Sugars have this year arisen to the greatest price that ever yet was known in this island, some being at 45s. per cent. from the Planter. I fear consequently that the rates must rise considerably in Europe. The Island is in a very rich and prosperous condition at present, and has fully recovered both the injuries of French former invasions and that of the earthquake 1692, and if there happen no more troubles, I do think it is the richest and most flourishing part of the King's Dominions. Endorsed, Recd. Read Nov. 19, 1701. 2½ pp. [C.O. 137, 5. No. 55; and 138, 10. pp. 315, 316.]
Sept. 2. 815. Minutes of Council of New York. The Governor appointed Thomas Noell and John Depeyster to be Masters of the High Court of Chancery; Barne Cosens to be Register and Examiner of the said Court, as also purse-bearer, seal-bearer and sealer of writs; Abraham Gouverneur and Richard Harris to be Clerks of the Court. The three latter took the oaths accordingly.
Petition of Robert Livingston read. [C.O. 5, 1184. pp. 584, 585.]
Sept. 3.
816. Council of Trade and Plantations to the Lords Justices. We humbly lay before your Excellencies the Acts passed in a general Assembly of Nevis in Feb. and March last (enumerated). The Act for the better securing the Island against all assaults, alarms, etc., and for repairing the breast-works and round paths, does lay penalties on every person above fourteen years of age and under sixty that shall neglect or refuse, on notice by beat of drum or otherwise, to appear in arms at the place of rendezvous of the troop or company to which they do belong, sickness only excepted; and doth not allow other just reasons for being absent, as imprisonment etc., which seems unjust; and the penalties are to be increased on every default in infinitum, which seems unreasonable; and further that by the said Act, if servants offend in not attending for their masters with arms, they are for small offences subjected to corporal punishment, not exceeding lying neck and heels together, and for greater offences they are to be tryed by field officers and captains, and such punishment to be inflicted on them as they in their discretion shall order and direct, whereby they are enabled to take away the lives of such offenders by Martial Law in time of peace, which we conceive to be contrary to the law of England. And for these reasons we humbly offer that the said Act be disallowed. As to all the rest of the forementioned Acts, we do not see any objection against them, and are therefore humbly of opinion that your Excellencys may be pleased to approve the same. Signed, Ph. Meadows, Jno. Pollexfen, Abr. Hill, Mat. Prior. [C.O. 153, 7. pp. 226–228.]
Sept. 3.
New York
in America.
817. Mr. Broughton, Attorney General of New York, to the Council of Trade and Plantations. I am ashamed that I should not keep equal pace with the Chief Justice here. I did design a joynt address of thanks with him for your joynt favours to us, but was not happy in the opportunity thereof, etc. We set sale from Gravesend April 26, and were till July 24 before we landed here. Our reception was in all things suitable to the Commissions we brought with us, but the heat of the season, and that encreased by the frequent and unavoidable entertainments we have received, hath something indisposed me, and so prevented my free converse abroad, that I cannot give your Honours so perticular an account of affairs in this place as else I should. The General Assembly is now sitting, and I heare they have resolved to take care of the Revenue of the Province in continuing a branch thereof, which was either gon or like to fall off. The Governor and Councell have made an Order for erecting a Court of Chancery here, which I doubt not will be of great use and benefit to this Province. 'Tis designed to be opened on Thursday next. I finde two very opposite partys amongst this people, all equally the King's subjects, yet want to be distinguished for Nation sake, and I cannot discern a more material ground of their difference than that, though many allegations are on both sides. At what pitch it stood in my Lord Bellomont's life-time, I know not, but am well informed that it is much heightened since his death. The expectations of both parties are at present upon whom H.M. will think fit to confer the care of this government, by whose prudent and wise conduct the present evills amongst us may in all probability be much lessened, if not wholly removed. We hear by the way of Philadelphia that my Lord Cornbury is appointed. I hope my zeal may excuse my presumption, if I take upon me humbly to propose that you would be pleased to procure special instructions from H.M. to the Governor, to use temper and moderation at his first coming to us, and to treat each party with like favour and respect. By which means, after he hath runn some course in such a management, he will be able clearly to discern who are the true friends of H.M. and his Government here, and then it will not be difficult to determine how to steare himself for the future. We hear by the same way that the Jerseys are annexed to this Government and Massachusetts Bay taken from it. I hope your Honour will take care of us, that our Commissions be not lessened thereby. Mr. Graham, the late Attorney General's son, who is Surveyor General of this Province, is gon for England. If he returne not again or resigns his place, I should be proud of your Lordships' favours towards my eldest sonne, here with me, for a patent for it, and to extend to the Jerseys. And if this cannot be, I should be very glad of H.M. direction heither, that I might be admitted to dwell in one of Kidd's houses in this City, wch. are now forfeited. I have eight in family, and know not yet where to fix them; houses are so scarce and dear, and lodgings worse in this place. Signed, Sa. Sh. Broughton. Endorsed, Recd. 15, Read Oct. 16, 1701. Addressed and sealed. 2½ pp. [C.O. 5, 1046. No. 36; and 5, 1118. pp. 421–424.]
Sept. 3.
818. Council of Trade and Plantations to the Lords Justices Report upon the case stated Aug. 29. Having formerly advised with H.M. Attorney and Solicitor General upon a like occasion, we do not understand by them that there is any law wch. forbids the carrying of logwood from Campeache (that being no part of H.M. Plantations). The ships belonging to any of H.M. Plantations are, by the Act of 22 and 23 Car. II, to prevent planting of tobacco in England, and for encouragement of the Plantation Trade, prohibited from unlading any dying wood in any port or place in Europe, other than England, Wales or Berwick upon Tweed, upon pain of forfeiture, so that if ye forementioned ship did belong to any of the said Plantations, her having carryed logwood directly from the Bay of Campeache to Leghorn, and there unladed it, makes her liable to forfeiture whenever she can be met with, and prosecuted upon the said Act. This being all the provision in law that we understand to be applicable to the present case, we further humbly crave leave to represent to your Excellencies, in relation to the consequences of this trade, that tho' the Customs upon logwood imported into England be 4l. 15s. per tun, yet the drawback allowed upon exportation being 3l. 16s. per tun, there does remain to H.M. but 19s. per ton. and considering on the other side that Campeache is no part of H.M. Plantations, and that the logwood which grows there may be cut and carried directly from thence to any place in Europe by any other Nation, as well as English, it seems some sort of hardship that Englishmen should not have the same liberty as others to employ their ships, and make any other advantage that may be reaped by that trade. Nevertheless the forementioned clause in the above Act laying a greater restraint upon ships belonging to H.M. Plantations than upon other English ships, we humbly offer that whenever the forementioned ship returns to England, and can be met with, in case she be found to belong to any of H.M. Plantations, the Commissioners of Customs may be ordered to take care that she be prosecuted according to law. Signed, Ph. Meadows, Jno. Pollexfen, Abr. Hill, M. Prior. [Board of Trade. Trade Papers, 15. pp. 231–234.]
Sept. 3.
819. Minutes of Council of the Massachusetts Bay. Sailing orders to Capt. Henry Crofts, H.M.S. Gospert, for a twelve days cruise betwixt Cape Codd and the North Shore and about 10 leagues into the sea from the said Cape, for the better securing of navigation, signed.
23l. 6s. paid Mr. Isaac Addington, Secretary, on account of fees etc. due to him.
700l. issued to Mr. Brattle, out of the 1,500l. voted May 28, for fortifying Castle Island.
Sept. 4. An alteration being made by the General Assembly in their resolve of May 28, abating the proviso that the inhabitants of Salem keep the Fort there in repair for the future, a new order to the Field Officers of the Regiment there, impowering and directing them to take effectual care that the Fort be repaired with the sum granted by the General Assembly, and the further sum to be expended by Salem according to the proviso in the resolve aforesaid, was signed.
Warrants of impress, for raising of soldiers for the relief and exchange of the garrison at Casco Bay, who have petitioned to be discharged, signed, and an order to Capt. James Warren to provide a vessel for transporting them to the Fort.
294l. 9s. 8d. paid to Capt. Cyprian Southack on account of stores for the Province galley.
Thomas Broughton, armourer at Casco Bay paid 22l. 8s. 6d. for his service there.
John Foster paid 50s. for the use of Charles Kelly of the Isle of Shoales for hire of a shallop. [C.O. 5, 788. pp. 83–86.]
Sept. 3. 820. Minutes of Council in Assembly of the Massachusetts Bay. The Assembly attending, Wait Winthrop, Esq., addressed them, observing that it would be necessary to make all dispatch in getting ready such letters and papers as are to be sent to England. Since their recess nothing of moment had occurred, only, a letter from Mr. Brouillan, Governor for the French King in Accadie, to which an answer had been returned, both of which should be laid before them, and the arrival of H.M.S. Gosport from England, by which there was an account of H.M. appointment of Col. Dudley to be our Governor, and that he might be expected in a short time. He further recommended to them to provide for the rule and Government of the College at Cambridge.
Sept. 4. Resolve of the Assembly, that whereas this House hath received credible intelligence that a Governor for this Province has been appointed, the sending an Agent to England be deferred till next session of this Court, and that the Address and Memorial of this Court to H.M. be forwarded as soon as may be, was not concurred with.
Resolve of the Assembly concurred with that the powder-money received at the Impost Office at Salem be applied for the use of the Fort.
Resolve of the Assembly concurred with, that Elizabeth Riley be allowed 30s. [C.O. 5, 788. pp. 311–313.]
Sept. 4. 821. Board of Ordnance to the Council of Trade and Plantations. Enclosing account of stores of war that have been lately and are to be sent from that office to Jamaica, pursuant to your letter of Aug. 27, amounting to 8,552l. 3s. 9½d., besides the annual pay of the officers and artificers going thither, amounting to 1,387l., which we hope the Island will also take care to pay. Signed, C. Musgrave, Ja. Lowther, Wm. Boulter. Endorsed, Recd. Read Sept. 9, 1701. 1 p. Enclosed,
821. i. Account of stores of war referred to above. 10 pp. [C.O. 137, 5. Nos. 51, 51.i.]
Sept. 4.
822. William Popple to Sir John Hawles, enclosing, by order of the Lords Commissioners for Trade and Plantations, six Acts past in General Assembly of Maryland, April 17 last, for his opinion in point of law. [C.O. 5, 726. pp. 103, 104.]
Sept. 4.
823. Council of Trade and Plantations to Governor Blakiston. Since our letter of Aug. 20, we have received yours of the 25 May. The lists of the inhabitants you have sent us are only too particular and voluminous. We have no need of the names of every child and every slave, but only the totals in each county, which we have therefore caused to be abstracted from your lists, and send you here enclosed a copy of that abstract, only for the form's sake, that you may the better judge what is required, and take care to do it hereafter in the easiest and plainest manner that you can. The main thing is that we may know the increase or decrease of the people, and more particularly of such as are fit to bear armes; unto which you may also add your own observations concerning the number and interest of Quakers and Papists. The care you are taking about a public Armory is very well. You will have seen by our former letters that the vacancies in Council are fitted up with all the persons that you have recommended. But you are yet defective in giving us the list of persons fit to supply those vacancies according to your Instructions, which ought to consist of 12 persons, with the particular character of each of them.
We wonder the Assembly should not think fit to constitute an Agent for soliciting their affairs here. There are occasions (tho' not at our Board) in which Business cannot be done without some charge; and inconveniences have arisen by the delay of reports upon some Laws, and otherwise; all which will grow worse and worse if some fit person be not appointed to look after such like matters. We have considered what you write about raising the value of coyne in that Province. But as your Instructions not to consent to any Act of Assembly are your rule, which you have done well accordingly to observe; so we think the conduct of the Parliament of England some years agoe, when the coyn of this Kingdome was in the utmost disorder, ought to convince those, who are desirous to raise the coyne in Maryland, of the folly of that project. Instead of bringing any solid advantage to those countrys who use that method, it will but increase their inconveniencies, and force them at last to a more thorow reformation. What has been done in the Proprieties to serve a present turn for their own ends, is a matter of great complaint against them, and may probably fall under the consideration of Parliament here, and force an equality of value of coine in all H.M. Plantations. We therefore can neither advise you to promote any alteration in that matter, nor to innovate anything in what has hitherto been practised in the payment of taxes there, until this whole matter, which relates to coyn, have been further considered and fully settled. Signed, Ph. Meadows, Jno. Pollexfen, Abr. Hill, Mat. Prior. [C.O. 5, 726. pp. 105–107.]
Sept. 4. 824. Journal of Council of Trade and Plantations. Mr. Dockwra, Mr. Richier, Mr. Bridges, Mr. Ormston, and Col. Morris, attending the Board in relation to the affairs of the Jersies, they generally declared that the intention of the Proprietors, by the proposals exprest in their late memorial, is only to secure their right in those things, which are matter of property, and that they are unanimous in their desire to surrender the Government to his Majesty and submit the circumstances thereof to H.M. pleasure. But in relation to their petition that Col. Hamilton may be continued in the Government, Mr. Dockwra dissented from the rest, and proposed one Capt. Boon, to whom a Commission has been lately sent from some of the Proprietors of East Jersey, whereupon after some debates, they agreed that each side would lay before the Board lists of persons of most note in those parts, with their characters, in order to consideration, either for a Governor, Counsellor, or other imployments.
Letter to Col. Blakiston, in answer to his mentioned in yesterday's Minutes, was signed. [Board of Trade. Journal, 14. pp. 153, 154.]
Sept. 4. 825. Minutes of Council of New York. Ordered that Walter Thong and Capt. John Clotworthy do appraize the brigantine Endeavour on oath, together with her loading, and return to this Board what they shall have done therein. [C.O. 5, 1184. p. 585.]
Sept. 4. 826. Minutes of Council in Assembly of New York. Joint Committees of the two Houses appointed to meet at the house of Mr. Gabriell Thompson in the City, to confer about the immediate defence of the frontiers and also about Col. Stephen Cortlandt's public accounts. [C.O. 5, 1184. p. 870.]
Sept. 4. 827. Journal of Assembly of New York. Act for allowance to the Representatives read a first and second time.
Report of Committee to examine the Act for defraying the public charge read. Bill ordered to be prepared accordingly.
Ordered that a Bill be brought in to confiscate the estate of Mr. Livingstone, and that the Commissioners of Accounts produce the Report, they were ordered to bring to this House, to the Speaker, to be inserted in the Bill. Upon a motion made by Capt. D'Peyster, that an Act may pass for some privileges for the City of New York, a Committee was appointed to consider the same.
Ordered that a Bill be brought in for supervising intestate estates, regulating the probate of wills, and granting letters of administration.
Sept. 5. The Committee to consider of privileges for New York reported that the Ferry House on Long Island may be free from Excise; the Ferry between N. York and the Island of Nassau, belonging to N. York, have all the rights and privileges it formerly did enjoy; and if persons shall bring over from the ferry or to the ferry anything but their own produce, without paying the ferryman, shall forfeit his boat or canow; for every half barrel of flower imported from any neighbouring Colony, 1s.; for each cwt. bread imported as aforesaid, 6d.; for every barrel of syder imported as aforesaid, 9d.; for every empty cask imported as aforesaid. 3d. To be paid for the term of 3 years. And that the great bridge be maintained at the charge of the Government out of the Revenue. Ordered that a Bill be brought in accordingly.
Bill, to enable the City and County of Albany to defray their necessary charges, read the first time.
Bill, for the essaying gold and silver wrought up in this Province, ordered to be brought in.
Bill about the fences of Ulster, amended, and read a third time.
Act for encouraging the City of New York read the first time.
Act concerning Tho. Swartwont and G. Aertsen read the second time and committed.
The Committee to consider additional duties reported that the following additional duty be granted to H.M. for the support of the Government, for two years:—(as Sept. 2 with minor alterations) and adding, Provided always that 140l. a year be added to his Honour's salary, by reason of his trouble in the Government; that 70l. a year be reserved to pay W. Atwood, Chief Justice, as an additional salary, in consideration of his expense and charges in coming over here, but that this be not drawn into consequence or example; 60l. a year to Bonardus Freeman for his encouragement to propagate the gospel amongst the Five Nations, and 15l. per year for his charges to the Indians; and 25l. to Lawrence Claesen, sworn Interpreter to the Five Nations. Ordered that a Bill be brought in accordingly.
Sept. 6. Bill concerning Swartwont and Co. and Aertsen and Co. amended and read a third time and passed.
Bill regulating the fences in Ulster County read the third time and passed.
Act for encouraging New York City read the third time and passed.
Bill to enable Albany to defray charges read a second time and committed. Printed. [C.O. 5, 1184. pp. 1006–1009.]
Sept. 4. 828. Journal of House of Burgesses of Virginia. Mr. Fox and Mr. Thorowgood granted leave of absence owing to sickness.
Report of the Committee for Public Claims considered, amended and passed.
Petition of John Chyles for an advancement of his salary as Mace-bearer rejected.
Petition of Anne Blathwaite, for an allowance for sweeping the Burgesses' room, granted.
William Randolph paid for disbursements.
Reports of the Committees upon the business relating to lands in Pamunkey Neck and on the south side of Blackwater Swamp, and the petitions of Edmund Jennings, John Buckner, Thomas Parker, Thomas Mackgehey, Edward Huckstep, Philip Williams, George Shillin, James Johnson, and Edward Bell, relating to claims for lands there, considered. Patents ordered to be issued to Tho. Ellit for 157 acres; to John Oliver for 146; to Jno. Rappier for 185; to James Adams for 437 acres; to Tho. Care for 446 acres; to Tho. Comee for 139; to Richard Littlepage for 2,367; to John Heyden for 196; to Abrah. Willory for 445; to John King for 211; to Robert Davis for 208; to James Hayfield for 109; to Robert Blackwell for 174; to James Henderson for 155; to Tho. Nicholls for 183; to Jane Gough for 80; to Wm. Maybank for 105; to John Burrows for 439; to John Thomson for 537; to Tho. Cranshaw for 150; to James Edwards for 854; to Charles Fleming for 1184; to James Dabony for 1000; to Christopher Pierson for 106; to Lewis Davis for 320; to Mary Herbert for 200; to Andrew McAlister for 86; to Peter White for 355; to Hannce Hendrick for 594; to James Terry for 418; to Henry Fox for 580; to Henry Fox for 584; to Henry Fox for 821; to Wm. Williton for 1091; to George Dabony for 293; to William Anderson and Dorothy, his wife for 179; to James Dabony for 204; to Matthew Mulleen for 268; to Nicholas Merryweather for 459; to Stephen Terry for 335; to Sarah Dabony for 179½; to Robert Davis and Mary, his wife for 137; to William Hurt for 298; to Abrah. Willory and Dorothy, his wife for 137; to Martin Slaughter and Lillias, his wife for 137; to John Hurt for 546; to John Lypscomb for 200; to Will. Lypscomb for 300; to Benjamin Arnold for 2,100 acres of land.
Ordered that Thomas Spencer be heard upon his caveat against two patents for land to Gideon Macon.
Resolved that no patents be issued to any person claiming lands within the bounds assigned the Pamunkey Indians, and therefore not for the lands claimed there by Thomas Ware, Thomas Parker, Anthony Fuller, James Johnson, Robert Napier, Philip Williams, Thomas McGee, Edward Hickstep, Edward Bell, Alexander Anderson, Joseph Norment for Joseph Philip and George Southerland, Michael Wardrop, or William Andrew.
Resolved that a Patent be issued to the Pamunkey Indians and their posterity for their lands according to the survey made by James Ming.
Patents for land on the south side Blackwater Swamp ordered to be issued to Capt. Francis Epes, Wm. Epes and Capt. Littlebury Epes for 1,000 acres; Richard Smith for 550; Wm. Parham for 450; Edmund Irby for 399; Robert Carlisle for 100; Robert Smelley, Tho. Giles, Jos. Bridger, Lewis and Wm. Smelly for 2,098; to Tho. Reeves for 740; to George Pierce for 200; to Capt. Wm. Hunt for 4,342 acres of land.
Patents ordered to be issued for lands in Pamunkey Neck and on the south side Blackwater Swamp; to William Jones, senr., for 600 acres; to Jno. Freeman for 300; to Jno. Boythres for 350; to Thomas Thrower and George Pasmore for 680; to Tho. Wynne for 200; to Richard Gourd for 100; to John Butler for 930; to Robt. Hawthorne for 1,400; to John Butler for 450; to Mary Williams for 650 acres of land.
Resolved, that Richd. Wyatte, Ordinary Keeper, be paid 4,315lb. of tobacco for entertainment of the Commissioners appointed to examine the claims and titles to land in Pamunkey Neck; and Wm. Burford, for ferrying them to and from Court 354lb. Jno. Waller, Sheriff, 2,080lb., to be paid for services in connection with that Commission; John Walker 300lb.; Robert Hackley 100lb. for attendance thereupon. These payments to be levied proportionately from the patentees. James Ming paid 3,292.
Resolved, that the Chickahominy Indians ought to have and enjoy the same priviledges and immunities ye Pamunkey Indians doe.
Resolved, that according to the Articles of Peace, May 29, 1677, the Chickahominy Indians have their land laid out in Pamunkey Neck between the two Herring Creeks.
Resolved, that all other Indians in amity with and tributary to this Government have land laid out for them according to those Articles of Peace, in the same place they live in, when they make suite for the same, provided it be not Patent Land.
Secretary's fees for Patents ordered to be paid by the Patentees.
Resolved, that in all cases where the Commissioners for examining the claims and titles to land in Pamunkey Neck and on the south side the Blackwater Swamp, in their several Courts have ordered surveys, and those surveys are not done, the surveyors do notwithstanding pursue the said orders, and return them wth. the surveys thereupon made to the Secretary's Office for Patents to be issued according to the same.
Resolved, that the Surveyor of Surry County, do, as ordered by the Commissioners, survey and lay out for Thomas Harrison and John Scott 1,700 acres, according to an entry made April 21, 1693.
Resolved, that the Courts appointed to examine the Claims and titles to and in Pamunkey Neck and on the South side Blackwater Swamp be henceforth discontinued.
Resolved, that it will conduce much to the advancement of H.M. interest and the good of this Colony that the lands in Pamunkey Neck and on the south side Blackwater Swamp be laid open, so as H.M. subjects may have liberty to take up and patent the same, and therefore that an humble Address be made to H.E. to give such liberty, when he shall think most convenient.
Mr. Robert Beverley's claims referred.
Bill ordered to be prepared for quieting the possessions of the several persons seated within the bounds of the land laid out for the Pamunkey Indians.
Resolved, that the Chickahominy Indians ought, after their land is laid out, actually to live upon the same.
Resolved, that Edward Jennings and the other persons wch. petition with him, by vertue of an order of Council, Oct., 1686, have a preferable right to all the land mentioned therein wch. shall not be included within the bounds of the land to be laid out for the Chickahominy Indians.
Resolved, that Edward Jennings, by vertue of a patent June 6, 1699, for 570 acres adjoining on the Lower Herring Creek in Pamunkey Neck, and 200 acres adjacent thereunto, hath a good right to both, and that therefore no patents be issued upon the surveys made by Benj. Arnold and John Hurt for any lands contained within the bounds of the aforesaid Patents. Whereas Mr. John Buckner doth petition for a patent for 6,160 acres in Pamunkey Neck within the bounds of a deed made by the Chickahominy Indians to Roger Mallory decd., Sept. 20, 1695, he having purchased the right wch. Roger, Tho. and Cha. Mallory, his sons, have in the same, and whereas Mr. Chicheley Corbin Thacker lays claim to part of the same, resolved that the land be divided into two equal parts, and that Mr. Buckner have choice of one, and that Mr. Thacker have the other.
Petition of Tho. Parker and Tho. Megehey, concerning lands in Pamunkey Neck leased by the Pamunkey Indians, rejected.
Petition of Edward Huckstep etc. rejected.
Petition of Edward Bell rejected.
Jno. Rand allowed 2,000lb. of tobacco for keeping the Council Chamber door. [C.O. 5, 1408. pp. 221–237.]
Sept. 4. 829. Minutes of Council in Assembly of Virginia. Several petitions referred to the Burgesses.
Bill concerning the Militia, sent up, was read the first time.
Ordnance of Assembly, for settling the Bounds of Isle Wight, Surry and Charles City County, read the first time. [C.O. 5, 1409. pp. 480, 481.]
Sept. 4. 830. Minutes of Council of Virginia. H.E. laid before the Council his letter of Sept. 3 to Lieut.-Governor Nanfan, enclosing the answer of Assembly to the Message from Council upon Lieut.-Governor Nanfan's letter. An account of the proceedings of H.E. and Council, concerning the security and defence of the country, embargos etc., 3 May–Sept. 4, subjoined.—[C.O. 5, 1409. pp. 355–371.]
Sept. 5. 831. Mr. Hodges to the Council of Trade and Plantations. Applying for permission to inspect several papers etc. relating to the matter of his complaints and the Address of the Assembly of Barbados etc. Signed, Tho. Hodges. Endorsed, Recd. Read Sept. 9, 1701. 1 p. [C.O. 28, 6. No. 15.]
Sept. 5. 832. Journal of House of Burgesses of Virginia. Letter to H.E. from Major Peter Field, concerning two strange Indians taken somewhere upon Swift Creek and brought hither prisoners, read. Committee appointed, at H.E.'s request, to hear the said Indians examined before H.E. and Council.
Bills, for dividing King and Queen County into two counties and for making St. John's parish a distinct county of itself: and to empower the sheriff that attends the General Court to summons jurors or evidences in any part of the City of Williamsburgh, brought in. H.E. and Council considering the whole country to be concerned in the affair of the abovementioned Indians, desired the advice of this House as to what is best to be done.
Report of the Committee appointed to inquire into the proceedings of the Committee appointed to inspect and oversee the building the Capitol. The proposals of Robert Snead, presented Aug. 21, concerning his undertaking to build the Capitol, were read and rejected.
Bill, to make it lawful to kill a negroman of Jno. Tullits, brought in and read a first time.
Bills, for dividing King and Queen County, for giving powers to the Sheriff etc., and for better strengthening the frontiers, read a first time.
Petitions of Dionysius Wright for allowances referred.
Allowances granted to members for attendance upon the Committees for Revisal of the Laws.
Sept. 6. Conference on the subject of the strange Indians proposed and agreed to.
Bill for quieting the possessions of several persons seated within the bounds of the land laid out for the Pamunkey Indians read a first time.
Bill for dividing King and Queen County read a second time and amended.
Bill giving powers to the Sheriff etc. read a second time.
Bill for apprehending an outlying negro read a second time and committed.
Bill for strengthening the frontiers read a second time and committed.
Ordnance of Assembly for settling the bounds of Isle Wight, Surry and Charles City County, returned from the Council agreed to. The Council proposed a conference on the Bill concerning the Militia; the Assembly resolved not to agree to it till the Bill was returned to their House.
Resolved that it is the opinion of the House that the two strange Indians, sent hither prisoners by Major Peter Field, are enemies to this Government, and that therefore they be transported to Barbadoes. This resolve was sent up.
Petition of Peter Rowlett, etc., referred.
Mr. Samuel Thompson granted leave of absence. [C.O. 5, 1408. pp. 237–245.]
Sept. 5. 833. Minutes of Council in Assembly of Virginia. See preceding abstract.
Sept. 6. Ordnance of Assembly for settling bounds read a second and third time, passed and sent down.
Ordered that an Instrument be drawn for the transportation of the two Indians.
Bill concerning the Militia committed for amendments. [C.O. 5, 1409. pp. 481–484; and 371.]
Sept. 5. 834. Minutes of Council in Assembly of the Massachusetts Bay. Orders of the Assembly concurred with, that the towns of Topsfield and Boxford be heard next session as to their disputed boundaries, and that the several hearings appointed to be attended the present session be referred to next session.
And see Minutes of Council, Sept. 25.
A message was sent up from the Representatives desiring to understand the reasons of the dissent of the Board from their resolve to defer the sending an Agent to England till the next Session. They were acquainted that the same reasons remained as were at first for sending of an Agent.
Resolve of the Representatives sent up, desiring Mr. Increase Mather to take the care of and reside at ye College, read. Joint Committee appointed to go unto Mr. Samuel Willard, to whom the Court had made application. He declared his readiness to do the best service he could for the College, and that he would visit it once or twice every week, and continue there a night or two, and perform the service used to be done by former Presidents.