America and West Indies: November 1701, 18-29

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: November 1701, 18-29', in Calendar of State Papers Colonial, America and West Indies: Volume 19, 1701, (London, 1910) pp. 612-630. British History Online [accessed 12 April 2024]

November 1701

Nov. 18.
1008. Council of Trade and Plantations to the King. In obedience to their Excellencys the Lords Justices' Order in Councill of the 16th of September last, relating to an Act of the General Assembly of Nevis to Encourage the late disbanded Soldiers to remain on that Island etc., We have enquired into the indirect practices said to have been there used to deprive the said disbanded Soldiers from the Liberty of returning home, And we thereupon humbly report to your Majesty, That we have been informed by Masters of Ships arrived lately from thence, who have actually brought home with them severall of those Soldiers (five or six in a Vessell, some as Passengers and others as Seamen) that they did not know of any indirect practices nor had heard of any hindrance or obstruction given to any Soldier who desired to come for England; But that Tickets of leave to come off the Island were granted to the Soldiers upon their desire, with the same freedom as to any other of your Majesties subjects there; That several of those Tickets granted to such as are come home have accordingly been produced to us. And as we cannot learn either thus or otherwise, that any indirect Practices have been used to hinder these disbanded Soldiers from returning home; So we humbly conceive the Encouragements given them to stay there by the aforesaid Act are favourable to them, suitable to the Interest of the Island, and not interfering with your Majesties service. Signed, Stamford, Ph. Meadows, John Pollexfen, Abr. Hill, Mat. Prior. [C.O. 153, 7. pp. 268–270.]
Nov. 18. 1009. Journal of Assembly of Barbados. The House met according to adjournment (see March 29). Bill to encourage privateers in case of warr read and sent up.
Two Addresses, for the remittance of strong liquors that belonged to his Excellency, read, passed nemine contradicente, and sent up.
Petition of Edwd. Arnell considered. He being sent for, proposed that if his new house on Egginton's Green be used for the reception of the Assembly and sitting of the Grand Sessions, he shd. have 100l. sterl. per ann., but expected to have the liberty of the rooms in vacant times, so as not to incommode the Assembly or Grand Sessions. 50l. was considered sufficient, which he refused, praying for some allowance for the time his house had been used in time passed.
The two Houses resolved into Committee to consider an Address to H.M., submitted by the Council, and a Memorial of what things are to be supplicated for by this country to supply their wants. The House agreed to join with the Council in an Address relating to H.E., but as to the supplicating for great guns etc., the House approve of the method already prepared by the Committee of Correspondents. Bill, to continue an Act to secure the possession of slaves, read and passed.
Whereas the papers, letters and proceedings of the Committee of Correspondents and the matters negotiated between them and the Agents have been dispersed into the hands of diverse persons, so as that the same cannot now be found, resolved that a book be prepared, wherein for the future shall be entered all matters transacted in that affair.
Two Petitions of William Godman, for a drawback of the duty on certain pipes of wine, read and consented to.
Petition of David Millne for a drawback of the duty of four pipes of Madera wine turned eager, read and consented to.
20l. allowed Edward Arnell for the past use of his house for the publique occasions.
H.E. and Council agreed to the proposals of the House with regard to the Addresses mentioned above. [C.O. 31, 6. pp. 441–443.]
Nov. 18. 1010. Journal of Council of Trade and Plantations. Application being made to the Board for an extract of the Earl of Bellomont's letter, May 8, 1698, relating to Burgess and Taylor, two pirates, and for the Representation of this Board etc. on that subject, copies ordered to be given accordingly.
Representation upon an Act of Nevis, to encourage disbanded soldiers, signed.
Letters from Governor Sir William Beeston, July 30 and Aug. 1 and 19, with enclosures, read.
Ordered that copies of the first letter and of the Proclamation enclosed in it, with certain passages etc. from the second be copied, in order to be sent to Mr. Secretary Vernon, that he may lay them before the King.
Nov. 19. Letter to Mr. Secretary Vernon signed and sent together with the above-mentioned papers relating to Jamaica.
Letter from Capt. Peers, Sept. 2, read. Copy of paragraph relating to the mortality of the soldiers in Jamaica also inclosed in the foresaid letter.
Letter writ by order of the Board to Mr. Burchet to enquire concerning Brigadeer Selwyn, and the Lord Cornbury's proceedings.
Remainder of Acts of Assembly of Nevis read. Directions given for preparing a Representation thereupon. [Board of Trade. Journal, 14. pp. 205–208.]
Nov. 19.
1011. Mr. Skene to William Popple. Since the arrival of their Lordships' order on my petition, I was no ways made acquainted with the proceedings of the Governor and Council here, either to appear to justify the allegations of the said petition, or, by having early copies of their answer, to make my replication thereto, until two days before the Governor's departure, which was too short notice even to answer their groundless impeachment, whereby they charge me incapable to write sense of English, yet that was a matter no ways within the reach of their issue, but rather of their malice. Being inclined I should take a second voyage to England to stifle their unkind measures and to discharge myself from the aforesaid imputation, I have inclosed the several minutes of the Council made by me when I acted as Clarke thereof, whereby, if your leasure will afford you time to peruse them, or your kind judgment suffer you to lay them before their Lordships (if inclined to give verdict to such imputation), and being here unheard and disabled to give a speedy replication, I shall ever acknowledge the favour etc. Signed, A. Skene. Endorsed, Recd. Jan. 29, Read March 19, 170½. Addressed. 2 pp. Enclosed,
1011. i. Copy of Minutes of Council of Barbados, Oct. 1, 1700–Jan. 23, 1700/1. 13¼ pp. [C.O. 28, 6. Nos. 22, 22.i.]
Nov. 19.
1012. Mr. Burchett to Mr. Popple. In answer to your letter received this morning, it is the Commodore of the West India shipps, Capt. Whitstone in the Yorke, that is put back to Plymouth, but Col. Selwyn, who is in the Bristol, is gone forward, tho' it is to be fear'd that these violent winds may force them in again: If soe, I'le acquaint you therewith, as soon as I know it. The Jerzey, appointed to carry the Lord Cornbury to his Government, has been ready to sayle a considerable time and has her final orders. She is now in the Hope, and 'tis unknown to me what hinders his Lordp.'s going on board. Signed, J. Burchett. Endorsed, Recd. Read Nov. 20, 1701. Addressed. 1 p. [C.O. 137, 5. No. 56.]
Nov. 19.
1013. Council of Trade and Plantations to Mr. Secretary Vernon. Enclosing extracts of letters (July 30, Aug. 1 and 19) etc. lately received from Governor Sir William Beeston, which relating to the transactions of the Assembly there, and being of importance, we desire you to lay before His Majesty by the first opportunity. Signed, Stamford, Lexington, Ph. Meadows, Jno. Pollexfen, Abr. Hill, Mat. Prior. P.S.—We add the extract of a private letter relating to the mortality of the soldiers there. [C.O. 138, 10. p. 317.]
Nov. 20.
1014. Order of King in Council. Confirming the Act of Nevis to encourage disbanded soldiers to remain on the Island. Signed, John Povey. Endorsed, Recd. Read Dec. 5, 1701. 1 p. [C.O. 152, 4. No. 58; and 153, 7. pp. 288–290.]
Nov. 20.
1015. Mr. Secretary Vernon to the Council of Trade and Plantations. Your letter of Oct. 29, with the enclosed papers from Boston, having been laid before the King, H.M. commands me to signify his pleasure to your Lordships that you should lay before him what your thoughts of the conveniencys or inconveniencys of the proposall made by the French Governor of Accadie, relating to a suspension of arms and neutrality in those parts, in case of any breach between the two Crowns, as also how practicable it may be to take measures with the French for restraining the Indians bordering upon those Colonys. Signed, Ja. Vernon. Endorsed, Recd. Read Nov. 21, 1701. 1 p. [C.O. 5, 862. No. 83; and 5, 909. pp. 483, 484.]
Nov. 20.
1016. William Popple to Governor Lord Cornbury. I am commanded by the Council of Trade and Plantations to signify to your Lordship that the King's service does require your departure for your Government without delay, and being doubtful whether your Lordship be yet gone abord or no, they desire to be certainly informed thereof, and if not, that you would be pleased to do it forthwith; otherwise they will be obliged to represent to H.M. the necessity of having a Governour upon the place. And they further desire your Lordship's speedy answer to this letter. [C.O. 5, 1118. p. 425.]
Nov. 20. 1017. Journal of Council of Trade and Plantations. Letter from Mr. Burchet read.
Secretary ordered to write to Lord Cornbury.
Representation upon the Nevis Acts signed.
Nov. 21. Letter from Mr. Secretary Vernon, Nov. 20, read.
Complaints of Mr Hodges considered. [Board of Trade. Journal, 14. pp. 209, 210.]
Nov. 20. 1018. Minutes of Council of Bermuda. Representation from the Assembly read, setting forth several reasons for the Lucaos or Bohama Islands to be annexed to these Islands, and praying H.E. to represent the same to England. Approved with some amendments.
Nov. 22. The above Address read and approved. The Assembly was adjourned. [C.O. 40, 2. p. 44.]
Nov. 20. 1019. Journal of Assembly of Bermuda. Ordered that Mr. John Dickinson, Col. William Outerbridge and Capt. George Dew be Assistant to the King's Attorney General at the next Assizes in the management of the prosecution against Mr. Day, Mr. Nelson and Mr. Jones.
Nov. 21. Edward Middleton and Roger Browne, doorkeepers to the Assembly paid their wages.
Nov. 22. Address to H.M. agreed upon and sent up: Having lately understood that H.M. is inclinable to reunite to the Crown several Proprietorships, and whereas amongst others the Lucaos or Bohama Islands may fall under H.M. consideration wee, not being in the least desirous to request anything from H.M. to the Lords Proprietors' disadvantage, but if it should so hapen that H.M. shall order that a quo warranto should be brought against their Patent and take the Islands into his own hands, then we exceedingly hope H.M. will be most graciously pleased to unite and annex them unto the Government of Bermuda, because (1) The original settlement under the English Government was undertaken by several honest persons, natives of Bermuda, and were a considerable time supported by the inhabitants thereof; but of late divers of the Governours (although 'twas unknown to their Lordships) have entertained several notorious Pyrates and many other infamous persons of lewd and vitious lives and actions, who have unlawfully seized our vessels, and have robbed and spoiled the loyal and dutiful subjects and inhabitants of these Islands, as by several authentick and substantial affidavits will be made appear. (2) Bermuda and the Bohama Islands are so useful and necessary and contiguous to each other, that, being once united under the same Government, they will become much more formidable in oppressing the de[s]cent of an enemy. (3) The Revenues of the Crown will be thereby greatly increased and the Acts of Trade observed. The only cause why the Bohamo Islands are not accommodated with a sufficient number of people to manure and improve them, hath been occasioned by the severe and hard usage they have met withal from their respective Governors, and being at so great a distance from England could not make known their grievances to have relief in less than 18 or 20 months' time. But if the Government were annexed to Bermuda, most matters of difference between party and party might be adjusted in three or four months' time at furthest. (4) Bermuda can now very well spare 500 people, men, women, children and negros, who would willingly remove from hence to that settlement, provided they might be under the conduct and management of a Governor commissionated from these Islands. (5) All the Colonies and Plantations upon the Continent and Adjacent Islands wants several thousands of inhabitants, consequently cannot assist in peopling the Bohamo Islands, which either must be accommodated from Bermuda, otherwise will hardly ever be a settlement sufficient to answer H.M. affairs and both his honour and interest. (6) It is almost impossible to believe what quantities of cotton-wool, indico, fustick, and brazalleta wood might yearly be sent home from such a number of persons, the produce whereof at present is but small for want of an industrious people, and that little for the most part is fraudulently shipped off, whereby H.M. is defeated of his rights and customs, and all the beneficial Acts of Trade basely eluded. (7) This small Island of Bermuda, although it produces but little advantage to H.M. in respect of his Customs, yet we humbly conceive that in case of a war, it will be found of much greater concern to the Crown of England than several settlements or plantations in America, and in consideration thereof we hope H.M. will be graciously pleased to add something further to its support and Government, and make it more significant both at home and abroad by uniting and annexing to it the Lucaos or Bohamo Islands.
It may be objected that the parting with so many people may much impair the force and strength of Bermuda. To which it is answered that it will mightily improve it and make it much more considerable in opposition to a public enemy, for that for want of encouragement here at home there is now in the service of the Dutch at Curiso, and at Barbados, Jamaica and amongst the Leeward Islands 4 or 500 lusty young fellows natives of these Islands, who upon the first news of the Government's being annexed will immediately repair hither, and imploy themselves in the promoting the settlement of the Bohamo Islands, which is equally as natural to them as the place of their nativity. So that, by their frequent passing and repassing, we shall always have amongst us a great many suitable vessels, and a galant number of stout young fellows fit for H.M. service upon any account whatsoever. Therefore we pray H.E. to join with us in supplicating H.M. etc. Signed, John Brook, Speaker.
Address of the Assembly to H.E. praying him to transmit to England funds necessary for soliciting the above Address. Signed, John Brook, Speaker. [C.O. 40, 2. pp. 280–286.]
Nov. 20.
1020. Council of Trade and Plantations to the King. We herewith humbly lay before your Majesty the Acts passed in a General Assembly of Nevis, May and June last, viz. (1) An Act for choosing three Assembly men for each Division in this Island for the time to come. (2) An Act for Encouraging three Companies of men to be ready for an Expedition to assist the English Colony at St. Christophers, and for providing Necessarys for their accomodation. (3) An Act for the better securing and confirming the Titles of some in this Island. (4) An Act to prevent Papists and reputed Papists from settling in this Island for the future, and for the better Governance of those that are already settled. (5) An Act for encouraging the Importation of white servts. and that all Persons shall be obliged to keep a white servant to every twenty Negroes living. (6) An Act that Phisitians and Chyrurgeons shall not practise without Lycence and taking the oaths. (7) An Act for the more easy repairing of the Highways. (8) An Act for the Militia of this Island to meet and exercise every month. And having thereupon had the opinion of yr. Maj.'s Attorney General in point of Law, We humbly represent That the Act (3) does seem unreasonable, in regard that (as the said Act is worded) any person that hath been possessed of an Estate for seven years, tho' only for a particular Estate in Taile for life or years, or as Tenant at will, is declared to gain an Inheritance in the same. And we therefore humbly offer That the said Act be disallowed. That the Act (8) does ordain the same pains and forfeitures to be levyed and executed for every neglect of Duty as were appointed by a former Act, Dated the 26th of February 1700/1, which is Entitled An Act for the better securing the said Isld. against all Assaults Alarms etc. and for Repairing the Brest Works and round pathes. But whereas in our Report to their Excellencies the Lords Justices of the third of September last, we did humbly offer our opinion, together with our reasons, that the said Act might be disallowed, and more particularly because of the unreasonable penalties thereby imposed; We do also humbly offer to your Majesty, that this Act for the Militia etc., which is grounded upon that former, and does again enact the same things, may for the same reasons be likewise disallowed. As to all the rest of the forementioned Acts, we do not see any sufficient objection against them, and are therefore humbly of opinion that yr. Majesty may be graciously pleased to approve the same. Signed, Stamford, Lexington, Ph. Meadows, John Pollexfen, Abr. Hill, Mat. Prior. [C.O. 153, 7. pp. 270–274.]
Nov. 21.
1021. J. Burchett to William Popple. This morning I received a letter from the Capt. of the Jerzey that the said ship is arrived in the Downs, so that having his final orders and my Lord Cornbury on board, she will undoubtedly proceed on her voyage to New York without any delay. Signed, J. Burchett. Endorsed, Recd. 23, Read 26 Nov., 1701. 1 p. [C.O. 5, 1047. No. 7.]
Nov. 21. 1022. Minutes of Council of the Massachusetts Bay. 215l. 7s. 7d. paid to the fifty soldiers detached for H.M. service in the spring and summer to enforce the garrison on Castle Island.
186l. 14s. 4d. paid for wages of garrison at Cascobay, April 7, Oct. 25.
11l. paid to Capt. Thomas Prentis and Jonathan Gay for their services in taking the oversight of the Friend Indians of Natick from the Fall of the year 1694 until the Spring next following, to prevent them being exposed to or joyning with the enemy, and being otherwise serviceable in the time of the war. [C.O. 5, 788. pp. 109, 110.]
Nov. 22.
Office of
1023. Board of Ordnance to the Council of Trade and Plantations. We have received your letter of 14th present and read the accompt of stores sent from this Office to the Plantations since Christmas, and have mentioned therein the time of the respective deliverys and the orders respecting the same. Signed, C. Musgrave, Wm. Boulter, Jon. Charlton, Ja. Lowther. Endorsed, Recd. Nov. 24. Read Dec. 22, 1701. ¾ p. Enclosed,
1023. i. Account referred to above, of stores of war etc. despatched to the Bermudas, New York and Jamaica. 7¼ pp. [Board of Trade. Plantations General, 5. Nos. 107, 107.i.]
Nov. 22.
1024. Mr. Secretary Vernon to the Council of Trade and Plantations. I have laid your letter of the 19th, with enclosures. before H.M., who is pleased to direct that in relation to Totterdale therein mentioned, you should inform Mr. Attorny General what he stands charged with, and advise with Mr. Attorny how he may be proceeded against either in Jamaica, if he be still there, or in England, when he shall come hither, and upon your report, H.M. will signify his further pleasure. Signed, Ja. Vernon. Endorsed, Recd. 25, Read 26 Nov., 1701. Holograph. ¾ p. [C.O. 137, 5. No. 57; and 138, 10. p. 318.]
Nov. 24. 1025. William Byrd to the Council of Trade and Plantations. Renewing his application for the place of Secretary of Virginia. Signed, William Byrd. Endorsed, Recd. Nov. 24th, Read Dec. 17, 1701. 1 p. [C.O. 5, 1312. No. 17.]
[Nov. 25.] 1026. Thomas Corbin, of London, Merchant, to the Council of Trade and Plantations. Memorial in behalf of Edmund Jenings' petition for the place of Secretary of Virginia. Endorsed, Recd. Nov. 25, Read Dec. 17, 1701. [C.O. 5, 1312. No. 18.]
[? Nov. 25.] 1027. Tho. Hodges to the Council of Trade and Plantations. I enclose three Affidavits which prove that Mr. Chilton, H.M. Attorney General of Barbados, takes fees of both sides in causes and betrays the secrets of his clients to the other side, and I doubt not to be able to give your Lordships many other proofs to this purpose, if it be thought necessary. Points out contradictions in Mr. Chilton's letters, June 1700, to him, and to the Governor of Barbados, May 17, 1701. Signed, Tho. Hodges. Endorsed, Recd. 25th, Read Nov. 26, 1701. 2¾ pp. Enclosed,
1027. i. Deposition of James Cowse of the Middle Temple, that Edward Chilton arrived in Barbados Jan. 1699, and some time afterwards informed deponent that he was retained by Tho. Hodges, particularly in his suits against Thomas Horne and Henry Gibbes, whereupon deponent informed him that he was retained to be Counsel for the latter in all their suits. Chilton then informed him of the directions he had received from Hodges how to proceed, and also that he had received a letter of Attorney from him, which he had not proved or recorded, nor did he intend so to do, for fear of being laid by the heels, alluding to one of the opinions cited by Hodges, wherein it was said that Major John Pilgrim, (who was still then his Attorney) deserved to be laid by the heels for making a composition with Horne without any authority from Hodges. Signed, James Cowse. Oct. 22, 1701. 1 p.
1027. ii. Deposition of James Cowse that Edward Chilton accepted a fee from him to appear as his Counsel in a case against William Sharpe, having already been retained by a fee from Sharpe, but in what cause he knew not. Chilton promised to render Cowse all the help he could and not to take any fee against him, and took his papers. Presently he endeavoured to return 50s., half of the fee he had received from deponent, alleging that was the full fee, and protested that he could not appear for him, but would remain neuter. When the case was tried, he refused to argue it for him, and deponent is informed that he had received a subsequent fee from Mr. Sharpe. Signed, James Cowse. Oct. 22, 1701. 1 p.
1027. iii. Declaration of Melatiah Holder of London, Merchant, that before Edward Chilton went to Barbados, deponent several times endeavoured to give him a fee to retain him to be Counsel for James Cowse v. William Sharpe, which he refused as being the friend of Cowse and of the same profession, but said he would assist him all he could against Sharpe without a fee. Signed, Mel. Holder. Nov. 6, 1701. ¾ p.
1027. iv. Deposition of Christopher Prissick, London, Sept. 10, 1701. Whereas Tho. Hodges did in Nov. 1700 draw a bill for 140l. on Edward Chilton in Barbados payable on my account for the value received by me, I do acknowledge that Mr. Hodges told me at the time that he did not expect Mr. Chilton should pay it, he not having any of his money that he knew of, and for that reason would not write any letter of advice to him to pay the bill. Mr. Chilton's name was used for form's sake only, Mr. Hodges at that time designing to go to that Island himself, to receive the debts due to him, and would have paid the Bill himself there. Signed, Christoph. Prissick. ½ p. [C.O. 28, 6. Nos. 23, 23. i.–iv.]
Nov. 25. 1028. Journal of Council of Trade and Plantations. Papers relating to the administration of Justice in Barbadoes further considered.
Nov. 26. Letter from Mr. Burchett read.
Letter from Mr. Secretary Vernon, Nov. 24, read. Ordered that the Laws of Jamaica relating to any persons coming away without leave be inspected, in order to the further consideration of that matter.
Papers concerning the administration of Justice in Barbadoes further considered. Two further papers from Mr. Hodges read. Copies of the latter, referring to Mr. Chilton, ordered to be made and transmitted to the Governor of Barbadoes, that he may take and transmit Mr. Chilton's answer. [Board of Trade. Journal, 14. pp. 211–213.]
Nov. 26. 1029. Lord Cornbury's Commission to be H.M. Captain General and Governor in Chief of H.M. Province of New York and the Territories depending thereon in America. Similar to Commission of Governor Codrington abstracted Cal. A. and W.I., 1699. No. 382. Appeals to be permitted from the Courts to the Governor and Council if the value appealed for exceed 100l., and security for charges be first given by the appellant; and thence to the King in Privy Council provided the matter in difference exceed 300l. in value and security be likewise given. Upon his death or absence, if there be no Lieut.-Governor, the Council is to administer the Government, and the first Counsellor to preside "with such powers and preheminences as any former President hath used and enjoyed within our said Province or any other our Plantations in America." He is to be Capt. General of the Militia and all forces by sea and land within Connecticut and East and West New Jersey. [C.O. 5, 1118. pp. 426–439.]
Nov. 26. 1030. Lord Cornbury's Instructions for the Government of New York and the Territories depending thereon. Similar, in general, to the Instructions to Brigadier Selwyn abstracted supra, 647.ii. Names of Council:—William Atwood, William Smith, Peter Schuyler, Abraham Depeyster, Samuel Staats, Robert Walters, Thomas Weaver, Sampson Shelton Broughton, Wolfgang William Romer, William Lawrence, Gerardus Beckman and Rip Van Dam.
Variations and Additions:—And whereas the inhabitants of H.M. said Province have of late years been unhappily divided, and by their enmity to each other H.M. service and their own general welfares have been very much obstructed, you are therefore in the execution of H.M. Commission to avoid the ingaging yourself in the parties, which have been formed amongst them, and to use such impartiality and moderation to all, as may best conduce to H.M. service and the good of his Colony. . . And you are likewise to use your best endeavours to procure a good map to be drawn of all the Indian country in the neighbourhood of H.M. Plantations in those parts, marking the names of the several Nations, as they call themselves and are called by the English and French, and the places where they inhabit, and to transmit the same. . . . You are to endeavour the passing an Act for punishing mutiny, desertion and false musters and for the better preserving of discipline among the soldiers. You are to send an account of all stores carried thither since March 1692, and an inventory of arms, etc., yearly; to settle public store-houses. Contributions from the other Plantations ordered to be made towards the fortifications on the northern frontiers enumerated. You are to signify to East and West New Jersey that their quota is 250l. sterling each, and you are to call upon them, and the respective Govenors of the Plantations for the said respective sums. You are also in H.M. name and in consideration of his Royal goodness and care, instantly to recommend to H.M. Council and the General Assembly that they exert the utmost of their power in providing without delay what further shall be requisite for repairing erecting and maintaining of such forts in all parts of that Province as you and they shall agree upon. You are likewise to signify to them H.M. instructions to the neighbouring Colonies to contribute their quota of assistance, in case the frontiers be invaded, pursuant whereunto you are, as occasion requires, to call for the same; and in case of any invasion upon the neighbouring Plantations you are upon application of the respective Governours thereof to be aiding and assisting them in the best manner you can, and as the condition and safety of your Government will permit. And you are withal to signify to H.M. Council and the General Assembly that according to their behaviour in this occasion they will recommend themselves to his Royal grace and favour. And you are more particularly to take notice that notwithstanding H.M. was graciously pleased to advance 500l. towards a Fort in the Onondage Country, and to give orders for the building thereof, which upon information received from the Earl of Bellomont concerning an alarm of a general insurrection of Indians did then appear to be very necessary, yet nevertheless those orders were never intended to hinder or interfere with the repairing of the Forts at Albany and Schenectady at the same time, which H.M. thinks so absolutely needfull, that unless those two nearest Forts be kept up in a sufficient state of defence, the building of a Fort in so remote a part as the Onondage Country will in case of war (by its falling into the enemy's hands without our having any other place of retreat and security for our Indians) be of much worse consequence than if there were no such Fort, and you are therefore to use your endeavours with the Council and Assembly of that Province for the passing of such further Acts as may direct the money raised or to be raised, by them for the building or repairing of Forts, to be applyed in the first place to those of Albany and Schenectady, and afterwards to such others as you and they shall agree to be necessary. You are to send an account to the Forts etc. in your Province upon your arrival, and afterwards yearly. Due entries are to be made of goods exported and imported, and copies thereof to be transmitted yearly. An account of the rates and duties levied is to be sent half-yearly. You are to encourage the officers of the Admiralty and Customs: to give an account of the strength of your neighbours [be they Indians, or others]. And whereas H.M. is informed that some of the Colonies adjoining to his said Provinces under colour of grants, or upon some other groundless pretences, endeavour to obstruct the trade of New York and Albany, you are not to suffer any innovation within the River of New York, nor any goods to pass up the same, but what shall have paid the duties at New York, to the end the chief benefit of that trade may be preserved to the inhabitants and traders of New York and Albany, the same being agreeable to the Laws of the said Province, to former practice, as well as necessary for the collecting those Customs and other duties which are to be raised for the support of H.M. Government there: And in case you find the inhabitants of East Jersey or others have any way of trading with the Indians in the neighbourhood of New York prejudicial to the inhabitants of that Province, you are upon all occasions to discourage the same, and to give notice thereof to H.M. and the Commissioners for Trade and Plantations, with your opinion what is proper to be done therein. You are to encourage the Indians upon all occasions, so as they may apply themselves to the English Trade and Nation rather than to any other of Europe, and you are to call before you the Five Nations or Cantons of Indians, and upon their renewing their submission to H.M. Government, you are to assure them in his name that he will protect them as his subjects. And you are to give the like assurance to the Schacook or River Indians, and to such other Indians in that neighbourhood as by their union and friendship with the Five Nations aforesaid, and in conjunction with them, shall submit themselves in the same manner to H.M. Government. And when any opportunity shall offer for purchasing great tracts of land for H.M. from the Indians for small sums, you are to use your discretion therein as you shall judge for the convenience or advantage which may arise unto H.M. by the same. You are to take an account of what goods, arms and other stores etc. have been sent from hence to the two last Governors to be distributed as presents to the Five Nations, and how the same have been distributed. More particularly, whereas H.M. has understood that before the arrival of a present to the value of 800l. sent the last year by his ship, the Advice, the Earl of Bellomont had provided with the public money of that Province and accordingly distributed other presents to the said Indians, so that what was then sent from hence did all or the greatest part thereof remain in store, you are to take an exact inventory of what is so remaining, and in calling before you the Indians aforesaid, you are to distribute amongst them such part thereof as you shall judge convenient, and in such manner as may best conduce to engage them in their dependence on and subjection to H.M. Government. . . You are to send an account of the wants and new improvements in your Province from time to time. H.M. being informed that his Province of New York does abound with vast numbers of fine trees proper for the production of pitch and tar, amongst which are also some of the largest dimensions fit for masts for his first-rate ships of war, and that there are likewise great numbers of oaks and other timber trees fit for beams, knees, planks and other uses in his Navy Royal, and it being highly for H.M. service and the advantage of this kingdom that all sorts of Naval stores be as much as possible produced in his Plantations in America, and from thence imported hither, you are therefore to apply your utmost care and diligence towards the promoting of so necessary a work; and if in order to the more effectual prosecution and advancement thereof, you find it necessary to desire the concurrence and assistance of the General Assembly of that Province towards carrying on of the same, or any part thereof, you are accordingly to move them that such reasonable laws may be enacted as will best conduce thereunto; or if that also shall prove insufficient, you are to consider what further assistance may be necessary from hence, whether by Act of Parliament or otherwise, and you are to transmit to H.M. and his Commissioners for Trade and Plantations a particular account of all your proceedings therein, and of the obstacles you meet with, and by what means you conceive those obstacles may be best removed. You are to take to yourself as Governor 600l. sterl. per annum out of the Revenue. No printing press is to be kept without your especial leave and licence. You are not to declare war without the King's commands, except it be against Indians upon emergencies, wherein the consent of the Council shall be had, and speedy notice given thereof unto H.M. Orders and Instructions upon Acts of Trade and Navigation follow (pp. 466–487). [C.O. 5, 1118. pp. 440–487.]
[? Nov. 26.] 1031. Summary of Mr. Hodge's reply to the answer of the Governor and Council of Barbados to his complaints. The following particulars are fully proved by the Journals of the Council and Courts of Barbados. The Governor and Council admit the Court of Chancery was held on one day only from July 26, 1698–Jan. 25, 1698/9, but excuse it by saying that the Island was sickly and the Governor indisposed. Petitioner offers to prove by many witnesses that the Island was not more sickly at that time than it has been for seven years past, and shows by the Records that the Courts of Common Pleas did sit in that time and that the Governor sat in Council 14 several days in those five months, and was every day attended by a greater number of the Council then was necessary to have held a Court of Chancery. It appears that from Jan. 26, 1698 (9) to July 5, 1699, the Chancery sat but two days, and for this last they make no apology in their answer, so that in the first year of his Government there were 11 months wanting six days in which the Court of Chancery sate but four days. In the second year, the Court of Chancery sat to hear causes but one day in 11 months, Sept. 7, 1699–Aug., 1700, and they heard and determined but two causes that day. For four months of this time, April–July, 1700, they make an apology that the Island was then soe very sickly that neither lawyers nor clients would attend the Courts; but the Court of St. Michael's, which sits in the same Town with the Chancery, sat April 24–26 and did a great deal of business, and on July 9 they ordered a General Thanksgiving to be held on the 25th for their deliverance from the sickness, so that this excuse can be good for little more than two months. It appears that from the beginning of his Government to the time when the Petitioner complained, Dec., 1700, the Chancery sat very seldom, and there was very little business done on many of the days on which it sat. They sat one day in Sept., 1699, and then heard but two motions of course, then sat but one day in October and heard but two common motions; in another month they heard but three motions, at another Court they had 5; in several Courts about 7 motions each, and in one Court out of 7 motions three were adjourned; out of 29 nineteen have been adjourned, and out of 21 ten have been continued to another Court. Thus was that Court managed at a time when many hundred cases were there depending. It appears that the Court of Errors, which ought to sit once a month, or so often as there is occasion, did not sit once from the Governor's arrival in July, 1698, till Jan. 24, 1700 (1701), though several petitions were made that it might sit, and several persons ruined by its not sitting. But on Dec. 3, 1700, there was an order read in the Council of Barbados for sending to England the Journals and Proceedings of all their Courts; on which they ordered a Proclamation to be made that a Court of Errors would be held on Jan. 24, and in 5 days sitting of that Court there were about 20 writs of Error before them, so that they cannot pretend that it was for want of business that Court neglected to sit. It appears that a great number of injunctions have been granted by that Court, the much greater part of them the same day. Bills were filed, and on bare suggestions; most of them granted out of Court, and at times when the Court did not sit by the Governor. Many of these injunctions continued for several years, by which the proceedings of the Courts of Common Law in that Island are stayed, to the obstruction of Public Justice and great oppression of the people. It appears that, tho it be the duty of a Governor of that Island to appoint new Judges on the death of others, and to see that the Courts of Common Pleas do sit at the times appointed by the Laws of that Island, and behave themselves in other things as they ought, yet the neglect of this Governor hath been such that few of those Courts have tolerably discharged their duty, most of them having neglected to sit at the times appointed by the Laws of that Island (which is two or three days in a month, nine months of the year), and the Court of St. Andrews sat but one day in 14 months of this Governor's time. And on the death of Mr. Gardiner, one of the Judge Assistants in the Court of St. Michael's, the Governor neglected to fill his place till about 6 months after; by which all the business of that Court was stayed, though there be more business depending in that Court than in two or three other of the Courts of Common Pleas in that Island.
As to the Petitioner's particular sufferings, he proves that having a suite in that Chancery for about 3,000l. against Mr. Tho. Horne, he was not able in 23 months to obtain an answer to his Bill from the said Horne, by reason of the adjournments and great delays of that Court, and the indulgence thereof to him when it did sit. He proves that in a suit against Sir Samuel Husbands in the same Court, the defendant was so long protected by the delays of that Court, that he lost a debt of above 1,800l., together with all his charge and trouble, by the death of Sir Samuel before that suite was determined. He proves that being interested in several suits in the Court of Common Pleas in that Island, he has been delayed therein for many years, and that two of them were stayed by injunction out of Chancery, on bare surmises, for about two years, and he is still without benefit of any of those suits by reason of the male administration of Government in that Island. Endorsed, Recd. Read Nov. 26, 1701. 2 closely written pp. [C.O. 28, 6. No. 24.]
Nov. 26.
1032. Minutes of Council of the Massachusetts Bay. Letter from Lieut.-Governor Nanfan, New York, Nov. 17 read, stating that Col. Romer may this winter leave such directions for ye proceedings on the Forts at Albany and Schenectady early in the Spring, that without prejudice to H.M. service, as far as he at present could foresee, he might be spared to finish ours, if it will take up no longer time than three months. Answer drawn up and signed.
Proclamation ordered and signed proroguing the Assembly till Feb. 18.
149l. 10s. paid for the wages of the Garrison of H.M. Fort Mary at Saco, April 23–Oct. 22.
34l. 0s 10d. paid to Capt. James Warren for sloop-hire for transporting soldiers to and from Cascobay and billeting them. [C.O. 5, 788. pp. 110, 111.]
Nov. 26.
1033. Minutes of Council of New Hampshire. Ordered that Richard Waldron and Theodore Atkinson have the accustomed fees paid them for the inquest of two dead corps found drowned.
Ordered that a Thanksgiving Day be held throughout this Province on Thursday come fortnight.
Elisha Bryer paid for attendance on the Council. [C.O. 5, 789. p. 70.]
Nov. 27.
1034. Copy of Mr. Henry Carpenter's Patent for the place of Secretary of the Leeward Islands. Countersigned, Cocks. Endorsed, Recd. Nov. 29, Read Dec. 2, 1701. 1¾ pp. [C.O. 152, 4. No. 59; and 153, 7. pp. 274–276.]
Nov. 27.
1035. Council of Trade and Plantations to Governor, Lord Grey. Upon occasion of our examining the complaints that have been laid before us by Mr. Hodges relating to the Administration of Justice in Barbadoes, with the answers returned to us from thence by your Lordship, and the Council of that Island; the said Hodges has again offered to us some further replys, and amongst other things has laid before us one particular Memorial, with three Affidavits and one Declaration annexed, relating to Mr. Chilton, H.M. Attorney General in that Island, of which we send you copies here inclosed, desiring you to examine the truth of those allegations, and to transmit to us an account thereof, with what speed it can conveniently be done. Signed, Stamford, Ph. Meadows, Jno. Pollexfen, Abr. Hill, Mat. Prior. [C.O. 29, 7. p. 443.]
Nov. 27. 1036. Journal of Council of Trade and Plantations. Letter to Governor Lord Grey, inclosing Mr. Hodges' Memorial and other papers relating to Mr. Chilton's conduct, signed. Further progress made in considering the administration of justice in Barbadoes.
Nov. 28. Letter from Lord Grey to Mr. Eyles, with several papers enclosed relating to Mr. Skene, read.
Letters from Lieut.-Governor Nanfan, Sept. 24 and Oct. 2, read, and enclosures laid before the Board. Ordered that Mr. Champante be desired to inform the Board, whether the Bills of Exchange, mentioned in these letters, have been paid, and what care is taken for the discharge of other Bills that have been or may be drawn from New York for the subsistence of the soldiers there.
Mr. Dockmenie, Mr. Dockwra and Col. Maurice returned to the Board the draught of a Commission and Instructions, prepared for a Governor of the Jersies, with several notes made upon them by the Proprietors of the Country, and further declared that the said Proprietors both of East and West New Jersey did unanimously concur in those notes. Whereupon their Lordships proceeded to read them, and resolved to take them into further consideration on Tuesday next. [Board of Trade. Journal, 14. pp. 213–218.]
Nov. 28.
On board the
Jersey at
1037. Governor Lord Cornbury to William Popple. Acknowledges letters of Nov. 12 and 20. I have been on board H.M.S. Jersey ever since Nov. 5. Indeed we have had contrary winds almost ever since, soe that we got into this road but on Munday last. You may assure the Lords Commissioners for Trade and Plantations that there shall be no delay on my part in the further progress of my voyage. Signed, Cornbury. Endorsed, Recd. Read Dec. 2, 1701. Addressed, to W.P. etc., at the Cockpitt near Whitehall. Sealed. 1 p. [C.O. 5, 1047. No. 6.]
Nov. 29.
1038. William Popple to John Champante. The Council of Trade and Plantations have lately received letters from Capt. Nanfan, Lieut.-Governor of New York, wherein he seems alarmed by some letters that had been writ thither from here, lest the Bills drawn for the subsistence of the soldiers there since the death of the Earl of Bellomont, should not have been paid; their Lordships have commanded me to desire you to inform them how that matter stands, and what further care is taken for the discharge of Bills that have been or may be drawn from thence for that service. [C.O. 5, 1119. pp. 10, 11.]
Nov. 29.
Port of
1039. Minutes of Council of Maryland. H.E. produced H.M. letters of May 21, 1701, and Col. Edward Lloyd, James Sanders and Lt. Col. William Holland were sworn of the Council accordingly.
H.M. letter of Jan. 19, 1700/1 read, directing 650l. sterl. to be furnished by this Province for the aid and defence of the frontiers of New York. This Board desiring to procure a dutiful compliance, it is their opinion that in regard the Government of New York has never yet call'd for the said sum, it would have been very chargeable to this Province to convene the General Assembly on purpose, neither would it have been advisable upon the first receipt thereof to have then proposed it to the Assembly here, who might perhaps [have] followed the example of our neighbours in refusing it; but that it being convenient that our Assembly should meet early in the spring, they being sensible of the charges they have avoided by their not meeting this autumn, upon that occasion may be the easier inclined to give a ready compliance thereto.
H.E. laid before the Board the letter of the Council of Trade and Plantations, June 15, with the proposed Law for Establishment of Religious Worship according to the Church of England, and for the maintenance of Ministers here, which said proposed Law is referred to be laid before the Assembly at their next first sitting to enact the same.
Letter of the Council of Trade and Plantations. July 22, read, requiring information relating to the ill conduct of Proprietary Governments, especially Maryland, when under that Government, and also of Pennsylvania and the Jerseys.
Whereupon H.E. required the members of this Board (they having been resident in this Province when under the Proprietary Government) to give him the best information they can as to the observations they have made upon the ill conduct of that Government, and likewise of what they know or have heard concerning the Proprietary Governments of Pennsylvania and the Jerseys. To which they do say that as to this Province when under the Proprietary Government of the Lord Baltemore and those by him impowered, they have been informed great irregularities were committed, but forasmuch as their Lordships' commands are instant for a speedy answer, they can only give this present account, reserving themselves to give their Lordships such further circumstances and proofs as at present they cannot for want of time. They are well assured there were then no oaths of allegiance or other obligatory oaths to H.M. imposed or administered, whether to members of Council, Justices or the Ministerial Officers, but that such persons only took an oath of fidelity to his Lordship and other oaths for the due execution of their respective offices. There were several Laws then made with the advice and consent of the Assembly, but how far repugnant to the Laws of England or prejudicial to Trade they cannot pretend to judge. They never understood that those Laws were sent to England otherwise than to the Lords Proprietary when there residing. There were not any appeals allowed to England, but the judgement and sentence of the Governor and Council which was then stiled the Upper House of Assembly was final in all causes, and the Governor and Council, who were the only Judges of the said Appeals, were the same persons who gave judgment in the Provincial Court, the Lord Proprietary and his Council being the Judges of that Court. Two of H.M. Collectors of Putuxent, Christopher Rousby and John Payn, were murthered in the execution of their offices, though they cannot say the same was absolutely chargeable upon the Government. They do not know of any great application by that Government made for arms and ammunition, though they are very credibly informed, and there are persons yet living that will attest the 14d. per ton formerly and yet taken by and paid to the Lord Proprietary as Port Duties was intended and given for the maintenance of Forts and defence of the Provinces, and was originally stiled Fort Duties and not Port Duties, which duties they humbly conceive of right belong to H.M., and doubt not in a small time to demonstrate the same.
As to Pensylvania, they are sencible that the raising and lowering coins has been an advantage that Government has had above H.M. immediate Governments, but what advantages they have made thereby they cannot judge, but believe it has at some time been the means to draw out the money from H.M. Governments to the Proprietary Governments, and for some time and still dos continue so to do from this Province to Pensilvania. That Government, before Governor Pen's last arrival there, did give too much countenance to fugitive seamen, debtors and runaway servants going from hence, and did rather impede than further their return. But Mr. Pen upon his arrival gave some redress to those evils, and continued so to do during his stay there, especially as to runaway servants. They have been credibly informed that for some years last past many pirates have resorted to that Government and in great probability have contributed much to the enriching that place, and do understand that Col. Quary, who has resided there some years, is lately gone for England to lay the state of that Province before their Lordships.
As to the East and West Jerseys having no commerce with them, being remote, can only say that they have been generally informed that they have been a receptacle of pirates with their effects, and have also given encouragement to illegal traders running their goods there. Neither have the inhabitants had much regard for the Government imposed on them by the Proprietors, having at their pleasures imprisoned their Governor and again received him as such, according to the prevalencey of the several parties.
H.E. having laid before the Board the accounts of the Vestries of the several Parishes, wch. are ready to be sent to their Lordps. of Trade and Plantations, in order to the obviating some false objections which have been made in England against the raising and disposal of the 40lb. of Tobacco per poll here for support of the Ministry, ordered that the Clerk of the Council see them regularly stated and fairly transcribed in order to be sent to their Lordships.
H.E. proposed that, in regard an opportunity now presents of buying some powder now in the country, whether it may not be advisable at this juncture to embrace the occasion. The Council say that they are sencible that there is a considerable quantity of powder already in the country, which is continually decaying and dampnifying, therefore do not at present think it necessary.
Securities accepted for H.M. Receivers. Upon the application of George Plater, ordered that the Clerks of the County Courts forthwith return an exact list of all fines and forfeitures in their County Courts, which has fallen since H.M. more immediate happy Government.
H.M. Advice-boat Eagle ordered to be brought into the Creek that she may be ready upon all occasions, if the weather will permit.
Sir Thomas Laurence, Bart., produced H.M. Letters Patents for the Secretary's Offices and Minutes of Nov. 19, showing that he had been sworn before H.E. and Col. Hammond, which were read and well approved of. The Secretary said that he had at present brought no order to be admitted of H.M. Council, but that he had made it his request to the Council of Trade and Plantations that his attendance in the same might be excused for a time, which request they were pleased to grant. [C.O. 5, 744. pp. 11–20.]