America and West Indies: September 1701, 11-15

Pages 511-520

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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September 1701

Sept. 11. Vote sent up that all actions above 40s. shall first be brought at the Inferior Court of Common Pleas, and that either party shall have liberty to review said action once and no more, and an Appeal be allowed to the Superior Court, and a Review to be allowed at that Court once and no more; and if the true value of the thing sued for, be above the value of 100l. sterl., then either party shall have an appeal to the Governor and Council, was read and passed.
Vote that all grants of lands, heretofore made either by the town or select men of the several towns, shall stand good and valid to the grantee, his heirs etc., sent up. [C.O. 5, 789. pp. 265–267.]
Sept. 11. 849. Minutes of Council of New York. Ordered that summons be sent to the High Sheriffs to summons the Justices of the Peace who have neglected to send a list of the male inhabitants within their respective districts, together with the quota outstanding of the 1,000l. and of the 2,000l. tax allotted to their county, notwithstanding two several directions to them from this Board. [C.O. 5, 1184. pp. 585, 586.]
Sept. 11. 850. Minutes of Council in Assembly of New York. Bill for enabling the City and County of New York to defray their necessary charge, sent up.
Joint Committee appointed to confer upon that part of the Conference the Governor had with the Five Nations relating to the Indians desiring Mr. Livingston may be sent for England.
Bills sent up Sept. 9 read the second time and committed. [C.O. 5, 1184. p. 872.]
Sept. 11. 851. Journal of Assembly of New York. Act for mending the Roads in Ulster County read the first and second times.
Act to enforce owners of unimproved lands to pay quit-rents etc. read the first and second times and committed.
Act for destroying wolves etc. read the first and second times.
Act for granting certain counties equal privileges with others read the first and second times.
Act for regulating Elections read the third time, passed and sent up.
Sept. 12. Act to oblige Robert Livingstone to account read the first time. Ordered that the Commissioners of Accounts do fill up the blanks in the said Bill of the sums they can charge him with, and that he have notice of it.
Acts for mending roads, defraying charges and for allowances to the Representatives read a third time, passed and sent up.
And see Minutes of Council in Assembly Sept. 13.
Proposal of Mr. Weaver, for amendment of Excise Bill, to prevent fraud, read and committed.
Sept. 13. Bill to enforce owners of unimproved lands, etc. amended, read a third time, passed, and sent up.
Act for granting equal privileges to certain counties read a third time, passed, and sent up.
Act for mending roads read a third time, passed and sent up.
Act for preventing the vexations or oppressions that are or may be occasioned by arrests of judgments etc. and other oppressive proceedings of Law in the Supreme Court of Judicature, read the first time.
Col. Willet, John Tallmon and William Willet, new Members, having been sworn, presented a paper which they desired the House to read and give them reasonable satisfaction thereon, before they could sit and act with the House. Printed. [C.O. 5, 1184. pp. 1011–1014.]
Sept. 11. 852. Journal of House of Burgesses of Virginia. Mr. Mason granted leave of absence.
Bill giving further directions in building the Capitol read a second time.
Address to H.M. upon the case between this Government and New York read and ordered to lie upon the table.
Mr. Treasurer's accounts considered and exception taken to one item.
Letters from the Council of Trade and Plantations, Jan. 4, 1699/1700, and Aug. 21, 1700, sent down by H.E., were read. The following proposition was also sent down and read:—Whereas several disputes have heretofore and daily do arise, what shall be accounted a charge to be laid upon and paid by the public and what is to be paid expressly out of and by H.M. Revenue, for prevention thereof for the future, it is proposed that a law be made what shall be accounted a Country charge and what shall be paid out of the King's Revenue. Consideration thereof referred.
Act for dividing King and Queen County sent down with amendments, which were agreed to, was sent up.
Act for giving power to the Sheriff, etc., sent down with amendments, which were agreed to, was sent up.
Some of the Council's amendments to the Bill concerning the Militia were agreed to, others disagreed to. Conference upon the latter proposed and agreed to. Treasurer's balance reported as 1,184l. 19s. 9¼d.
Sept. 12. Act giving further directions for building the Capitol was read a third time and passed with amendment.
Law as suggested in the proposition above, ordered to be prepared.
Address to H.E. about the Pamunkey Neck lands amended and agreed to. Ordered that the Council be desired to join with this House in presenting it to H.E.
Bills for dividing King and Queen County; and for giving power to the Sheriff, etc., and for apprehending an outlying negro, sent down, agreed to by the Council.
Bill for strengthening the frontiers was sent down with amendments and a new clause to be added, which were agreed to with a small alteration. The Bill was sent up and returned with the Council's agreement. The Bill was accordingly amended and sent up.
At the Conference, the Council agreed in some parts with the view of the House as to the amendments to the Bill concerning the Militia.
Sept. 13. The Address about the lands of Pamunkey Neck sent up, and the Council was desired to join with the House in presenting it to H.E.
Address to H.M. upon the case between this Government and New York ordered to be enlarged so as to contain all necessary clauses for H.M. information. Some amendments ordered to be inserted.
Bill for strengthening the frontiers returned from the Council agreed to. [C.O. 5, 1408. pp. 251–259.]
Sept. 11. 853. Minutes of Council in Assembly of Virginia. See preceding abstract.
Bill for dividing King and Queen County read the third time with amendments and sent down.
Bill for strengthening the frontiers read a second time and committed for amendments.
Bill for apprehending an outlying negro read a second time.
Sept. 12. See preceding abstract.
Bill for strengthening the frontiers read the third time with amendments and sent down.
Bill for apprehending an outlying negro read the third time and sent down.
Bill for quieting the possession of persons seated on Indian lands in Pamunkey Neck read a second time.
Sept. 13. Address to H.E. ordered to lie upon the table.
See preceding abstract. [C.O. 5, 1409. pp. 486–490; and pp. 372–374.]
Sept. 12. 854. Minutes of Council and Assembly of New Hampshire. Bill for regulating trials in civil causes sent up.
Vote about grants of lands (Sept. 11) passed, and bill ordered to be prepared accordingly.
Petition of the Selectmen of Exeter, relating to their town bounds, read.
Petition of several inhabitants of Exeter, that they may continue to belong to the said Town, and not to be joined to any other town, read. Order upon petition.
Bill to prevent contention and controversies that may arise concerning the bounds of the respective towns within this Province, read three times, passed and sent down.
Vote for raising 550l. for defraying the Province engagements, and laying before H.M. the great grievances of this Province, was sent up, read and passed. Ordered that a Bill be read accordingly.
Sept. 13. The above Bill was read three times, and ordered to be engrossed.
Bill for confirmation of Town grants was read three times and passed by the Council and ordered to be engrossed.
These Bills, and the Act to prevent controversies regarding town-bounds, being passed, received H.E.'s consent.
The Assembly was prorogued till Oct. 2. [C.O. 5, 789. pp. 269–275.]
Sept. 13. 855. Mr. Morris to Mr. Popple. Among the Proprietors' Propositions, I thinke there is but five articles yt. can admit of any dispute, Nos. 4, 7, 8, 9, 13. They think they have an indisputable right to ye Government, as well as to the soil of those Provinces. The Government has been very chargeable to them, and is a feather they are very willing to part with, but they will rather chuse to stand a tryal in Westminster Hall, or apply themselves to ye House of Commons than they will make a surrender even of that same chargeable feather, if their properties and civil rights cannot be well assured to them, and though their Lordships and yourself has promis't them that there shall be no invasion of them, yet they think they shall be great sufferers, if those Articles are not (if not absolutely, yet) in some measure complyed with. As for the 7th Article: if those two Provinces be anex't to any other, before they can adjust their matters in them, and fix their titles both to their own land, and to the persons they have made grants to, they think it will be much to their damage, and even if that Article is gra[nted], they cannot so well adjust those things, if they have not ye [13th?] complyed with, and Col. Hamilton for their Governor. Their affairs at present are very unsettled, and it's morally impossible they can fix them, otherwise then to their great losse, if they have not somebody that's well acquain[ted] with the intricacy of them, and that nobody in the world is [? but] Col. Hamilton. Since they are going to put themselves on the level with their people, it will be no small advantage to them that the people think they have interest enough to recommend a Governor, and it will make them cautious of invading their properties, which they are very prone to do (Art. 2). Art. 4 they think is absolutely necessary, and they believe they have a judgment of Court for it, but they are not desirous of having Ports under greater advantages then their neighbours enjoy. They will acquiesce in such reasonable measures as their Lordships shall please to take. The choice of the Council in Art. 9 they leave to H.M., but they would have them chose equally out of both Provinces, least in the first Assembly one Province may have an advantage over the other, and make some Act of Assembly to keep the disparity for ever. Art. 8 is the limiting the number of Assembly men, and their qualifications. Their Lordships may alter the number if they think fit. The Proprietors judges that number the fittest, and as to their qualifications, it's only modally different from ye House of Commons. The Proprietors and several persons in that country have large tracts of land, and if everybody were admitted (though of never so little worth) to be Lawmakers, those persons of best estate in ye countrie, and ye Proprietors' interests, would be at ye disposal of ye tag, rag and rascallity. The present circumstances of things in that country requires that there be something speedily done, and if there was an order sent commanding an obedience to Col. Hamilton till matters was adjusted (which I fear will take up some time), it might hinder the spilling abundance of humane blood. Signed, L. Morris. Endorsed, Recd. 15th. Read Sept. 16, 1701. Edges torn. 2 pp. Enclosed,
855. i. Memorial of the greatest part of the Proprietors of East and West Jersie to the Council of Trade and Plantations. We are humbly of opinion that the right to the Government of the Provinces of East and West Jersie is lodged in us. And as we are willing to part with this right and put those governments under H.M. more immediate administracon, and to that end have presented our humble memorial to the Lords Justices, with our conditions, wch. we presume are no other than such as will secure to us our civil rights and to the inhabitants such privileges as is necessary, and which we humbly hope you will advise H.M. to grant, and more especially the 13th Article of the said Memorial, without which we think our properties cannot well be secured, or we safe in making a surrender, We do therefore most humbly pray that Col. Andrew Hamilton, in whom we have an entire confidence that he will put in execution ye Acts of Navigation and sedulously act on behalf of H.M., may be Governor of that Province, he having during his past administration behaved himself as became a good man. This is not onely the desire of by far the major part of the Proprietors here in England, but of all ye Proprietors in America, and the whole Province of West Jersie, and of 5/6ths of East, and it is oposed by none but Mr. Dockwra and a small number of the meaner sort, who sides with one Bowne, who we can by no means admit to be Governor, unless we design to have our interest in that country totally ruin'd. Signed, L. Morris, on behalf of the Proprietors residing in East Jersey; Joseph Ormston, for Edward Anthill, Charles Ormston, and self; Gilbert Molleson, Tho. Lane, Paul Docminique, E. Richier, Fran. Minshull, Michael Watts, for all the Proprietors of West Jersie. 3 pp.
855. ii. Copy of Protest of the Council to the Proprietors of East New Jersey. Perth Amboy, June 18, 1701. As we are not a little surprised to hear of a Commission arrived for Capt. Bowne to be Governor, to teare open again the wounds of the Province that were almost clos'd up, so receiving information that the only use intended to be made of this Commission was to supersede Col. Hamilton, and then to throw up the other, and thereby to lodge the Government in the people, when all your powers in the Province were dismist, for this reason and the other reasons assigned in our Proclamation, we were of council to Col. Hamilton not to surrender the Government, to prevent the trick intended upon you, and as we have been informed, so several of ourselves have been eare-witnesses to the truth of what was said, for no sooner had he published his Commission but the heads of his partie told some of us that they did not value Capt. Bownes' Commission of a farthing, and that it answered their intention if it supersed Col. Hamilton's. We have cause to suppose you have been deceived by some insinuations of Salter, yt. you have made so false a step, which may prove of very dangerous consequence to your own interests, as well as to ye inhabitants. It is very strange to us that you suffer yourselves to be thus influenced by such sort of people. We intreat you put the dispute betwixt the King and you as to matters of Government to an end, that ye convultions of ye Province may cease. If there be an appearance of wars abroad, it's high time there were peace at home. Signed, Samll. Hale, Benj. Griffiths, Wm. Sandford, Samuel Leonard, Wm. Pinhorne, Samll. Dennis, John Bishop. 1½ pp.
855. iii. Persons recommended by the majority of the Proprietors of East and West Jersie to be of the Council in New Jersie; Lewis Morris, William Pinhorne, William Sandford, Samuel Leonard, John Johnstone, Anthony Pintard, Edward Earle, Samuel Dennis, of Woodbridge, Miles Forster. (These are persons of the best estates in East Jersie.) Quaker Samuel Jennings, Edward Hunlock, George Deacon, Daniell Leeds, Peter Fretwell Thomas Gardner, Thomas Revell, Francis Davenport. (These are persons of ye best estates in West Jersie.) 1½ pp. [C.O. 5, 1261. Nos. 21, 21. i.–iii.; and 5, 1289. pp. 206–216.]
Sept. 13.
856. Governor Lord Grey to the Council of Trade and Plantations. I enclose a true state of our Militia here, horse and foot, as they appeared when I reviewed them last. I have another account delivered me by the several Colonels, which exceeds the number of men, but they not having arms were not brought into the field.
The Council and Assembly have desired me to join with them by way of petition to H.M. for a supply of what arms, etc. we shall have occasion for in case of a war, which I shall speedily send you, and also a state of the several forts, and what ordnance are wanting, with an account of their true bearings. I have some time since directed the Surveyor General to prepare the same, and had hopes he would have accomplished it ere this, but it is a matter of some difficulty, and requires both time and charge, neither of which shall ever be wanting on my part, where H.M. service requires. We have lately passed a short Act for our Militia to meet once a month, whereas before they met but once in two months. I hope your Lordships will not forget the two last years' presents made me by the country were never laid before H.M. by reason there were many complaints made against me, which I hope I have effectually answered, and that they appear to you to be false and malicious. I must intreat your Lordships' favour herein, that as others have been sent hither to improve their fortunes, so I may not come thus far to ruine my own. Your Lordships may easily judge whether the King's allowance will maintain a publick table here, when beef and mutton has been all this year at 12d. a pound, veal 15d., turkeys and capons at 21d. a pound, with all other things in proportion, and the expences of my stable are intolerable, for all manner of horse-grain are at 8s. 3d. a bushell. Signed, R. Grey. Endorsed, Recd. 6th. Read Nov. 13, 1701. 2¾ pp. Enclosed,
856. i. List of Militia, horse and foot, of Barbados. Totals, 2,568 foot, 747 horse. 1 p. [C.O. 28, 6. Nos. 16, 16.i.; and 29, 7. pp. 439–441.]
Sept. 13. 857. Minutes of Council in Assembly of New York. Bills for the destroying of wolves in Ulster and Westchester Counties; for the more regular proceedings in the election of Representatives; for allowance to the Representatives; for repealing an Act intituled an Act for defraying the public charge; for mainteining the poor and preventing vagabonds; and for the appointing a more effectual means for defraying the public and necessary charge in each city and county, sent up and read a first time.
Thomas Willett, John Tallmon and William Willett were sworn Members.
The Joint Committee, appointed Sept. 11, reported that they sent to acquaint Mr. Livingston that they were proceeding on matters relating to his managing of the Treaties of the Five Nations, and that he might be present, if he thought fit. He came and was acquainted that on perusal of those parts of the propositions made to the Governor by the Five Nations, the Representatives had been inclined to believe that the Indians either by him or by some other imployed by him, or with his privity had been prevailed on and influenced to express a desire that he should be sent to solicite their affairs in England, and was asked if he thought it not proper for him to take a voluntary oath, in order to clear himself from censure therein. He answered that he thought it not worth his while to do the same. Thereupon the Committee unanimously agreed that the matter ought to be specially reported to the Representatives. [C.O. 5, 1184. pp. 872–874.]
Sept. 15. 858. Journal of Assembly of New York. The House met and adjourned.
Sept. 16. The House presented their Addresses to the Lieut.-Governor. See Minutes of Council in Assembly under date.
Mr. Weaver's amendment to the Excise Bill agreed to.
Upon the petition of several freeholders in New York, leave granted to bring in a Bill to prevent litigious and vexatious suits on all titles of lands and houses to the persons in possession, etc.
The Committee upon the Paper of Thomas Willet, John Tallmon and William Willet (Sept. 13) reported that the paper was written in barbarous English and dictated by some enemy of the Peace of this Government, who took advantage of their simplicity to raise disturbances, and moved that the House send their summons commanding said persons to appear to discover the adviser and contriver thereof. Ordered accordingly and that the three Members attend, with notice that if they or either of them will discover who advised the said paper, and will ask pardon of the House, for the manifest breach of its privileges, he or they discovering and asking pardon, shall be forgiven by the House.
Sept. 17. The Commissioners of Accounts presented an account of the sums they could charge Mr. Livingstone with. Read and ordered to be inserted in the Bill, which was read a second time and committed. Printed. [C.O. 5, 1184. pp. 1014–1016.]
Sept. 15. 859. Journal of House of Burgesses of Virginia. H.E.'s 18th and 19th proposition considered. Resolved that the Acts laying impositions upon liquors, servants and slaves be continued 1½ years longer, and that a Bill be prepared accordingly.
Resolved that the 10l. paid to Mr. John Walker of King and Queen County is no country charge, nor is the rent for the Council Chamber.
Resolved that the claims of Capt. Moore and Capt. George Waffe are no Country charges, and that they have nothing given them for their claims.
Resolved that the claim of Mr. George Horsworthy is no Country charge.
Resolved that the 60l. paid for taking up the three pirates who escaped is no Country charge, nor the 10l. paid to James Darbyshire for their handcuffs, nor other expences connected with them.
Ordered that an Address to H.E. be prepared signifying the several resolutions of this House upon H.E.'s speeches and messages this session.
Bill for continuing the impositions on liquors and servants and slaves until Dec. 25, 1703, read a first time.
Mr. Applewait granted leave of absence.
Petition of Orlando Jones, praying an encouragement may be given to young men who are willing to go out upon a discovery to the westward, rejected.
Petition of Charles Evans, for an allowance to encourage his attendance upon Assemblys as an underwriter, rejected.
Sept. 16. 283l. paid to proprietors of land taken up for the City of Williamsburgh.
Address to H.E. agreed upon. Given at length: a resumé of resolutions upon matters submitted by his Excellency.
Bill continuing impositions etc., read a second time and amended.
Sept. 17. Clause added to the Address to H.E., leaving it to him with the advice of the Council, till next Session of Assembly, upon any emergency, to levy competent forces for the defence and security of this Colony, to be paid by the public, trusting to his goodness and wisdom to disband the same again as the cause of danger ceases.
The House attending presented their address to H.E., who presented Mr. Speaker with an English Gazette, which gave an account of the happy conclusion between the King and his Parliament, and hoped this Session would end so.
Ordered that a copy of the resolve of this House upon a proposal from H.E. and the Council to make a law for distinguishing what shall be accounted a country charge and what shall be paid out of the King's Revenue, be sent to H.E. and Council.
Address to H.M. upon the case between this Government and New York amended and ordered to be presented.
Address to H.E. for laying open the Pamunkey Neck lands, which the Council agreed to join in presenting, ordered to be prepared.
Message from H.E. and Councill, with papers annexed, read:—Capt. Passenger, H.M.S. Shoreham, informing H.E. that he would be ready to sail for England the middle of next month; and Capt. William Durley, H.M.S. Lincoln, that he would be ready to convoy home in about three weeks, and Capt. James Moody, H.M.S. Southampton, that there is a small vessel coming to Maryland to relieve Capt. Code, so that he also is to return to England, and Capt. Moody verily believing that open war is by this time proclaimed, H.E. and Council desire the opinion of the Burgesses, (1) whether it will be for H.M. service and the interest of this Colony that these 3 vessels go in one fleet, (2) whether it may not be proper to lay an embargo upon all ships outward bound to stay and take convoy under them. Capt. Moody was heard. Resolved that H.M.S. Shoreham and Lincoln go in one fleet, and that an embargo be laid as proposed. The Council concurred, and resolved that an Order be drawn to stop ships bound for England till Oct. 15.
Resolved, that an humble Address be drawn representing to H.M. that Mr. William Byrd, junior, is appointed Agent for this Colony. [C.O. 5, 1408. pp. 259–270.]
Sept. 15. 860. Minutes of Council in Assembly of Virginia. Adjourned.