America and West Indies: April 1702, 1-4

Pages 188-196

Calendar of State Papers Colonial, America and West Indies: Volume 20, 1702. Originally published by His Majesty's Stationery Office, London, 1912.

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April 1702

April 1.
285. Mr. Secretary Vernon to the Lords Commissioners of the Treasury. Her Majesty commands me to send your Lordships the enclosed copy of an Address of the House of Commons, and to acquaint you with H.M. pleasure that care be taken that no part of the said Duty be diverted to any other uses but such as are exprest in the said Address, and that the necessary directions be given that an annual account, how the said dutyes shall have been expended, be prepared in order to be laid from time to time before the House of Commons. Signed, Ja. Vernon. Endorsed, Read April 14, 1702. 1 p. Enclosed,
285.i. Order of House of Commons, March 23, 1701 (1702). That an humble Address be presented to H.M. that the duty or impost of 4½ per cent. arising in Barbadoes and the Leeward Islands, subject to an annuity payable to the Heirs and Assignes of the Earl of Kinoule, be applied for the repairing and erecting such fortifications and other publick uses for the safety of the said Islands, as H.M. shall direct; and that an annual account, how the said dutyes shall have been expended, may be laid before the House of Commons. ¾ p. [C.O. 28, 6. Nos. 47, 48.]
April 1.
286. Mr. Secretary Vernon to the Council of Trade and Plantations. Her Majesty commands me to send to your Lordships the enclosed Address of the House of Commons, whereupon it is H.M. pleasure that you should forthwith lay before H.M. what account you have from Barbados and the Leeward Islands of their condition in point of safety against an Enemy, as also what repairs or new works for defence seem to require the most immediate care, that orders may be given accordingly. Signed, Ja. Vernon. Endorsed, Recd. Read April 1, 1702. 1 p. Enclosed,
286.i. Address of House of Commons, March 23, 1701 (1702). Duplicate of No. 285.i. [C.O. 28, 6. Nos. 49, 49.i.; and 29, 7. pp. 489, 490.]
April 1. 287. Memorandum of preceding letter. ¼ p. [C.O. 152, 4. No. 87.]
April 1. 288. J. Thurston to William Popple. I think it my duty to remind you of a mistake, which hapned the last year with relation to the provisions then sent to Newfoundland, that it may be now prevented, and the mistake accounted for by the Officer in charge, if the Board sees fit. The mistake was three men's provisions. Now that H.M. has thought fit to add a chirurgeon's mate to the establishment, the provisions for two men are only to be less'ned in the last year's quantity. You will be pleased also to move the Board to take into consideration to whom the money and provisions are to be consigned, and some particular orders given that no embezlement be made of the provisions sent over to the detriment of the soldier, the officers lately come from thence having given out that the Captain sold the malt to the inhabitants and made the soldiers content themselves with drink made of the leaves of trees. Signed, J. Thurston. Endorsed, Recd. Read April 8, 1702. 1 p. [C.O. 194, 2. No. 64; and 195, 3. pp. 63, 64.]
April 1.
289. Journal of Council of Trade and Plantations. Letter from Mr. Secretary Vernon, April 1, read. Ordered that the Agents of Barbadoes attend to-morrow.
Progress made in the consideration of the state of defence of the Plantations.
April 2. Letter to the Lords Proprietors of Carolina signed.
Letter from Lt.-Gov. Bennet, Jan. 31, read.
Ordered that Col. Quary be desired to bring to the Board on Tuesday the Representation of the people of the Bahama Islands against their late Governor.
Letter to Mr. Penn ordered.
Representation upon some Acts of Barbadoes ordered.
The Agents of Barbadoes, attending, were acquainted with the purport of Mr. Secretary Vernon's letter, and they promised to bring what they had to offer in writing on Saturday. Ordered that an extract of that letter be sent to Mr. Cary, and that he be desired to bring in writing on Saturday what he may have to offer thereon with relation to the Leeward Islands. [C.O. 391, 14. pp. 393–397; and 391, 96. Nos. 56, 57.]
April 2.
290. William Popple, junior, to William Penn. The Council of Trade and Plantations having received divers papers from Colonel Quary and others, which relate to your Government of Pennsylvania, and particularly the three Lower Counties; they would not proceed thereupon without first giving you such information thereof as may be proper, and receiving your answer; to which end they desire that you would attend them at their Board so soon as possible, they being to meet on Tuesday next in the morning. [C.O. 5, 1289. p. 402.]
April 2.
291. Council of Trade and Plantations to the Lords Proprietors of Carolina. The subject of our letter to your Lordshipps of the 19th of February last relating to the Act past in Carolina for the better regulating the proceedings of the Court of Admiralty there and the fees of the same, appearing to us of such consequence as to require a report thereon to be made to Her Majesty, we remind your Lordships that we should be willing to receive your answer before we make our said report. Signed, Rob. Cecill, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. [C.O. 5, 1289. p. 401; and 5, 289. p. 90.]
April 2. 292. Minutes of Council of New York. Various salaries paid. 64l. 12s. 9d. paid to Col. Abraham Depeyster for wine found and provided by him for the Governor's expedition to Albany.
172l. 9s. 8½d. paid to John Depeyster for firewood provided by him for H.M. Fort William Henry in New York.
2l. 15s. 8d. paid to Garrit Viele for running of 1861lb. of lead into small bars for presents for the Indians.
15l. 8s. paid to Jonathan Davis for sweeping the chimneys in Fort William Henry, Dec. 26, 1700—Feb. 4, 1701.
19l. 6s. 6d. paid to John Sharp by consent of John Perry, carpenter, for work done by him in H.M. Fort in New York.
48l. 14s. 3d. paid to John Depeyster, due to him on the foot of the account kept by him during his continuance in the office of Commissioner for managing the office of Collector and Receiver General.
Petition of Samuel Staats and others read. Ordered that Col. Caleb Heathcote be served with a copy, and appear before this Board, and give in his answer to the same on Thursday.
The Receiver General's account of incidents referred to a Committee. It is the opinion of this Board that Thomas Weaver, Solicitor General, hath effectually discharged his duty to H.M. in the prosecution of Col. Bayard and Alderman Hutchins for High Treason, which Sampson Shelton Broughton, Attorney General, hath wholly neglected. [C.O. 5, 1184. pp. 643, 644.]
April 2.
Royal College
of William
and Mary.
293. Minutes of Council of Virginia. Memorandum, that the patent for Mr. Thacker signed by H.E., March 12, was for part of the land adjudged due to him by the General Assembly.
There being no offer yet made for the cargo sent in for the French Refugees, ordered that notice be given the first day of the next General Court that the cargo will be exposed for public sale on Munday the first day of the said Court.
H.E. desired to know if the Committee for Revisall of the Laws could finish the same in this and next meeting, in which case it would be convenient to prorogue the Assembly till the latter end of May.
H.E. recommended to the Committee for the Revisal of the Laws to take effectual care for the speedy conveyance of publick letters, as being absolutely necessary, and more especially in case of war.
H.E. acquainted the Council that, having been present at the musters of several Counties, he had observed the ill condition of the Militia, both as to discipline and arms, and that now, upon the apparent danger of a war, he thought it would be necessary (till some other wished [sic] were fallen upon) for the more effectual training and arming the Militia to compleate the number both of Field and Staff Officers in the several Counties where their are va[n]cancies, and whereas several of the smaller Counties are commanded by Lt. Cols., he thought it proper that the Commanders in Chief should be made Colonels and also that Lt. Cols. and Majors should be appointed in each of the said Counties, and asking the advice of the Council, they leave yt. matter wholly to H.E.
Capt. Moodie intimating that he had impressed 3 seamen from Col. Norsworthy's brigantine that morning arrived from Saltitudes, H.E. and Council considering that the impressing of three men from such a small vessel may be a great prejudice to their owners, who it's probable design to lade her out with tobacco, and may be thereby incapiciated [sic], ordered that Capt. Moodie release two of them, if Col. Norsworthey make application. [C.O. 5, 1409. pp. 207, 208.]
April 3. 294. Governor Codrington to the Council of Trade and Plantations. I have not any of your Lordships' to answer, not having had the honour to hear from your Lordships a greate while. I obliged myself in my last as I had done in some others to give your Lordships a particular account of our Judicature, but in good earnest, the more I think on that subject, the less able am I to say anything to it, for incertainty and confusion are nothing, of which noe account can be given. The reflections in the pamphlet called Plantation Justice are I fear generally too well grounded, but I think truly in respect of this Government 'tis more our misfortune than our fault. There is more ignorance than corruption amongst us, but however the effect is much the same, and I have seen verdicts, judgments, and indeed whole processes so very monstrous that I could not but at first suspect them to proceed from villany and bribery, when upon further examination I had reason to remaine satisfied they were the medley offspring of wrong principles, irregular methods and want of discernment. This might be easily prevented in Barbadoes, since there are commonly some good Lawyers, and always an Attorney and Solicitor General who can find out the Law for the Judges, when they can't find it out for themselves. And there are so many Gentlemen who have had the advantage of good education both at the Universities and Inns of Court that I cannot but think a set of men might be always found there to supply two Courts, which your Lordships will I presume think sufficient for an Island of 28 miles long and 13 broad. In our Islands wee are not yet so happy. The next generation, I hope, will be more accomplished. In the meantime I doe and shall continue to put the best men I can find both into military and civil places, and endeavor to infuse into them a spirit of honest ambition to qualify themselves for their imploys, and I humbly presume my endeavors have not been altogether without succes.
The Gentleman who will have the honour to wait on yr. Lordsps. with this, is Mr. Yeomans, I had occasion to mention to your Lordsps. in my letter relating to Major Martin. He has been long Chief Justice here, and indeed the only man in all our Islands that I know of qualified for such a post. He will be able to give your Lordships the best account that can bee had of our Courts of Justice, and by entering into the detail with him your Lordships will know all that is to bee knowne of them. He will satisfy your Lordships that what with extraordinary ignorance and laziness in our Judges, the want of knowledge and honesty in our Deputy Secretarys and Deputy Marshalls, and the perverseness and incapacity of our Jurys, whom we have no way of attainting, a thorough reformation is not to be effected without a great deal of pains and resolution. What I endeavour to introduce is a plain and summary practise equally degage [sic] from incertainty and disorder, on the one hand, and a useless nicety and chicane on the other. The remainder of the letter is in Codrington's hand. Quæ inanissima prudentiæ reperta sunt fraudis autem et stultitiæ plenissima, nam cum permulta prœclare legibus sunt constituta, ea jureconsultorum ingeniis pleraque corrupta ac depravata sunt; if this was true in Tully's days, 'tis much more flamingly so in ours. I'm sure, my Lords, I'm very sincere in all my designs for the public; if I am not right, I should be heartily glad to be put in a better way. I therefore once again take leave to remind your Lordships of an Attorney General, who is extreamly wanted here for the King's service and my assistance in civil affairs.
M. de Château Renault has been for some time in our neighbourhood. We had reason to be on our guard and I believe I was not wanting in my duty on that occasion. I leave it to the Public to inform your Lordships into what a posture I have put our Militia here, even in 2 months' time since I have had a good Act to support me, and wch. I drew up myself at the request of the Assembly. This I find is not transcribed, but will be ready with some others to be sent your Lordships by the next ships. Signed, Chr. Codrington. Endorsed, Recd. June 25, Read July 10, 1702. 3 pp. [C.O. 152, 4. No. 93; and 153, 7. pp. 468–472.]
April 4.
295. Wm. Lowndes to Mr. Popple. Refers to Mr. Vernon's letter with Address of April 1. My Lords of the Treasury transmit the same to the Council of Trade and Plantations for their opinion what they think proper to be done thereupon. Signed, Wm. Lowndes. Endorsed, Recd. Read April 15, 1702. 1 p. [C.O. 28, 6. No. 51; and 29, 7. pp. 505, 506.]
April 4. 296. Agents of Barbados to the Council of Trade and Plantations. In obedience to your Lordships' commands we have considered the extract of a letter from Mr. Secretary Vernon April 1, and the better to enable us to lay before your Lordships what repairs or new works for the defence of the Island of Barbados seems to require the most immediate care, we have consulted the Right Hon. the Lord Grey and Colonel Kendall, who have been Governours there and have estates in the Island; and also other gentlemen who have been lately upon the place and are considerably interested in the safety of it. And upon the whole matter, we do humbly represent to your Lordships, that the present condition of the Island is such, that it will be most necessary that the duty of 4½ per cent, arising there may bee immediately applyed for the effectuall repairing the Fortifications that are already built under the direction and conduct of honest and skilfull persons, and also for the building an Hospitall for the reception and accomodation of sick and wounded seamen and soldiers, and a Magazeen for the better security of powder, and other ordnance stores, for as much as the place where the said stores are now kept is very inconvenient and unsafe, and is so scituated that it may easily be destroyed by an enemy's great shott or bombs, that may be thrown on shoar from ships in the Bay. Signed, Wm. Bridges, Fran. Eyles, Rob. Heysham. Endorsed, Recd. Read April 4, 1702. 1 p. [C.O. 28, 6. No. 50; and 29, 7. pp. 490, 491.]
April 4.
297. William Popple to the Agents of Barbados. The Lord Grey having lately upon his attendance with you at this Board represented that there was a want of small armes and ammunition in Barbados without specifying the particulars, the Lords Commissioners for Trade and Plantations have commanded me to desire you to return forthwith your opinion what quantity of such armes and ammunition are wanted. [C.O. 29, 7. p. 492.]
April 4. 298. Council of Trade and Plantations to the Queen. We humbly take leave to lay before your Majesty the Acts past in several General Assemblies held in Barbados, from the 18th May, 1697, to the 5th of November, 1700, upon which we have had the opinion of the late Attorney Generall in point of law, and having also perused and considered the same, we humbly offer to your Majesty such Acts as we conceive proper to receive your Majesty's royall confirmation. The titles whereof are as follow :—An Act to disable the Judges from pleading and practising in any of the Courts of this Island, May the 18th, 1697. An Act to repeal an Act entitled an Act for laying a duty on shipping for the building of peers, and clearing the barr in Carlisle Road, May the 18th, 1697. An Act appointing a Committee for settling the publick accompts of this Island, May the 18th, 1697. An Act to ascertain the duty of Masters of ships, and the Merchants, for the payment of an impost of powder on the tonnage, June 15, 1697. An Act to enable the Commissioners of the fortifications to make the new entrenchments, or other works of defence in any man's land; and that the owners of such land may be recompenced their damages out of the publick Treasury, Sept. 10, 1697. An Act for the settlement of the Militia, November 3, 1697. An Act to repeal a clause in an Act intituled an Act to ascertain the duty of Masters of ships and Merchants for the payment of an impost of powder on the tonnage, and a supplemental clause to the said Act, Aprill 6, 1699. A supplemental Act for the further provision of white servants, May 18, 1699. An explanatory and additional Act to an Act entituled a Supplemental Act for the further provision of white servants, May 26, 1699. A further supplemental Act to the same Act, August the 2nd, 1699. An Act to procure the Honourable Thos. Sadlier, Esq., late Treasurer of Barbados, such debts as he has made good to the publick, 17 January, 1699. An Act for the equal placing out and disposing of such servants as are now belonging to the country and undisposed of, 27 February, 1699. An Act for raising a levy to discharge the publick debts, 27 February, 1699. A supplemental Act to an Act entituled an Act for raising a levy to discharge the publick debts, 8th of March, 1699. And whereas there is also an Act entituled an Act for the better securing the liberty of H.M.'s subjects within this island and preventing long imprisonments, which differs from the Act past here in the 31st year of Charles II, for the better securing the liberty of the subject and for prevention of imprisonment beyond the seas in the severall particulars following, vizt., Whereas in Barbados it is enacted, that persons committed for criminal matters (except in cases of treason and fellony) may petition for a Writ of Habeas Corpus, and that the said Writ shall be granted within 48 hours after such application; in the English Act no time is limited for granting the said Writ. In Barbados the Provost Marshall is required within 12 hours after such Writ served on him (the prisoner paying his fees and giving security that he will not escape by the way) to make return of the Writ and prisoner before the Judge who granted out the Writ, and there to certify the true cause of the imprisonment. In the English Act the Writ is to be returned within three days after the service, if the party be anywhere within 20 miles of the place where the Court or Judge resides: but if beyond 20 miles, then ten days are allowed. In Barbadoes the Judge refusing a Writ of Habeas Corpus, on view of a copy of the Commitment or upon oath made that such copy was denyed the prisoner; or delaying to discharge the prisoner after the grant of such a Writ, shall forfeit 500l. to the party agreived, to be recovered by action of debt. In the English Act there is 500l. penalty upon the refusal of the Habeas Corpus, but none upon the delay of discharging the prisoner after the grant of such Writ. In Barbados no Provost Marshall shall imprison any person above 12 hours, except by a Mittimus setting forth the cause thereof, on pain of 500l. to the party imprisoned. In the English Act there is no clause of this kind. In Barbados the Provost Marshall neglecting to returne the Habeas Corpus or refusing a copy of the Committment to the prisoner, is to forfeit 500l. In the English Act the penalty for the first offence of this kind is 100l. and for the second offence 200l. and the loss of his place. In Barbadoes, prisoners in cases of treason or fellony not tryed the next Sessions after their commitment, or acquitted upon tryall, shall be bailed. The Judge neglecting to do his duty herein is to forfeit 500l. and the Provost Marshall neglecting his is likewise to forfeit 500l. and suffer 6 months imprisonment without bail or mainprize. In the English Act prisoners are to petition in open Court for a tryall. They are to be indicted the first Term or Sessions of Oyer and Terminer unless it appear upon oath that the King's witnesses could not be produced. But they are to be tryed the next Term or Sessions, or discharged, and Judges are to bail prisoners the last day of the Term, upon motion made in open Court. In Barbados, persons offending against this Act are to be impleaded within 3 years. In the English Court it is within 2 years. We thereupon humbly offer that in case your Majesty be pleased that an Act of this nature be passed, the state of these differences be given to your Majesty's Governor of Barbados, that he may accordingly represent the same to your Majesty's Councill there; but upon the whole matter, we humbly observe to your Majesty that no Act of that nature has been before transmitted from any of your Majesty's Plantations to your Royall Predecessors, and the late Attorney Generall, to whom we refer'd the same, doubting whether the approving such an Act may be convenient, we humbly submit the determination thereof to your Majesty. Signed, Stamford, Robt. Cecill, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. Annexed,
298. i. List of Acts of Barbados passed May 18–March, 1700. [C.O. 29, 7. pp. 493–505.]
April 4.
299. William Popple to William Penn. The Council of Trade and Plantations have commanded me to acquaint you that they have with reason expected that since your arrivall from Pennsylvania you would have called upon them at their Board, in reference to the affairs of Pennsylvania and the three Lower Counties, and their Lordships having lately received divers complaints relating to the Laws, to the administration of justice, the militia and defence of those Provinces, to piracy incouraged and illegal trade practised there, and other irregularities, they have further commanded me to acquaint you herewith, and that they do expect your speedy attendance by yourself or Agent sufficiently empowered; it being necessary for her Majesty's service that they forthwith lay a Report of these matters and the state and security of those Provinces before H.M. in Councill, which they are unwilling to do, without first hearing you. Their Lordships therefore desire to know the precise time of your comming to town, that all things may be then ready. And I am further to acquaint you that immediately upon your coming to town you shall have copies of such papers as shall be requisite. [C.O. 5, 1289. pp. 403, 404.]
April 4.
300. Journal of Council of Trade and Plantations. Representation upon some Acts of Barbadoes signed.
Letter to Mr. Penn sent.
Mr. Cary, attending, said that having no instructions from Col. Codrington, he had nothing to offer in relation to the defence of the Leeward Islands.
Memorial from the Agents of Barbadoes read. Letter writ to them [as above, April 4].
Progress made in considering the report to be made upon Mr. Secretary Vernon's letter of April 1. [C.O. 391, 14. pp. 397, 398; and 391, 96. No. 58.]