America and West Indies: May 1702, 16-20

Pages 324-337

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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May 1702

May 16.
491. Sir Jn. Cooke to the Council of Trade and Plantations. The recitals of the Treaties made in the petitions of Jeronimy Clifford [See April 21] are true, but how far they have been violated, either in Surinam or in Holland, can neither fully nor safely be determined till the truth of the several matters of fact suggested is ascertained. Recommends that the case be referred by H.M. to the States General for their speedy and serious consideration, "and particularly that H.M. desire the States General, agreeable to the 5th Article of the Treaty of 1674, to issue forth their Instructions to the Governors of Surinam; that Mr. Clifford be permitted to transport his goods and slaves thence in such ships and to such places as H.M. shall direct, and to deliver such their Orders, at the time limited by the Treaty to such person as H.M. shall depute to receive the same. If the Lords the States General in their answer do not deny the matters of fact contained in the said petitions, but shall refuse or delay to give Mr. Clifford speedy and effectual relief therein, I know no other method prescribed by the Law of Nations for her Majesty to pursue on behalf of her injured subject, but to grant Letters of Reprisall." Signed, J. Cooke. Endorsed, Recd. Read May 22, 1702. 1¾ pp. [C.O. 388, 75. No. 52; and 389, 40. pp. 131–133.]
May 16.
492. Mr. Addington to Mr. Popple. Refers to enclosures. The Province continues in peace and I hope will do so, at least that a war will not open in these parts until the arrival of H.M. Governor, of whom we have long been in expectation, when the administration of the Government will be more easy, by comeing into a narrow compass. The Lord Cornbury arrived at New York April 30, whereby I hope the late unhappy heats and animosities between H.M. subjects within that Province will be allaied, and the ill effects of the same prevented. And that this Province will also shortly be made happy by the presence of H.M. Governor. Signed, Isa. Addington. Endorsed, Recd. 19th. Read July 24, 1702. 1¾ pp. Enclosed,
492. i. Memorandum of Minutes of Council of the Massachusetts Bay, Feb. 24, 1701(2)—May 8, 1702. ¼ p.
492. ii. Memorandum of Minutes of Council [in Assembly ?] of the Massachusetts Bay, Feb., 1701 (1702). ¼ p. [C.O. 5, 862. Nos. 112, 112.i., ii.; and (twice over, without enclosures) 5, 910. pp. 226–229.]
May 16. 493. Minutes of Council in Assembly of Virginia. Chicheley Corbin Thacker's petition for his salary, and his question as to the payment of fees for the issuing of Military Commissions, referred to the Burgesses.
Proposal sent down to the Burgesses that, to prevent ships running away after embargoes are laid, to the danger of others, if they are taken, and their own profit if they are not, a Bill be brought in obliging Masters to give bond under a certain penalty to observe the embargo and the rules of the fleets. [C.O. 5, 1409. pp. 577–579.]
May 16. 494. Journal of House of Burgesses of Virginia. Bill ordered to be prepared in accordance with H.E.'s proposal of May 15.
Orders for last Session read, approved, and ordered to lie constantly on the table.
Ordered that the House be called over as often as shall be thought convenient, and those wanting in their duty of attendance be liable to the censure of the House. Fifteen Members with the Speaker to be a sufficient number to adjourn.
Miles Cary granted leave of absence to visit a sick friend.
Ordered that the Committees appointed, for Public Claims, etc., have power to adjourn de die in diem, and to send for persons, records, journals and other papers they shall have occasion of.
Ordered that all propositions, grievances and publick claims be brought into this House by the 25th, or not to be received into this Sessions. Those not considered last Session ordered to be considered this. Petitions and Grievances referred to the Committee.
And see preceding abstract.
Bill for continuing the sitting of Assemblys in case of the demise of the Crown read a first time. [C.O. 5, 1408. pp. 367–372.]
May 18.
495. Council of Trade and Plantations to the Lords Proprietors of the Bahamas. The bearer hereof, Mr. Cole, Commander of a ship that has sometimes traded to the Bahama Islands, having complained to us of ill usage received from Captain Hasket, late Governor of those Islands, we have advised him to apply to your Lordships for satisfaction. Signed, Stamford, Robt. Cecil, Wm. Blathwayt, Mat. Prior. [C.O. 5, 1289. pp. 473, 474.]
May 18.
New York.
496. Governor Lord Cornbury to the Council of Trade and Plantations. In my last of the 3rd instant, I acquainted you that I found this Province in some disorder; within very few days after my arrival here I found those disorders to be much greater than at first I apprehended them to be. I was in hopes by this time I should have been able to have given your Lordships a full account of them, but the proceedings that have been had here are soe various and soe long that it was impossible for me to get such a perfect account ready to send by this opportunity as would be fit to lay before you, but the Advice frigott will be ready to sail from hence for England in three weeks' time, by which your Lordships shall have a full account of all matters here. I find the souldiers very ill in cloathes and arms. I find the Fort here very much out of repair,—but of all these things your Lordships shall have particulars sent by the Advice. I find here Col. Bayard and one Alderman Hutchins under sentence of death for High Treason, and having many complaints made to me, of hardships put upon them at their tryall, and of several irregular proceedings against them, I ordered all those proceedings to be laid before me, and I find that the Treasor alledged against them is the signing and procuring others to sign an Addresse to H.M., another to the Parliament of England and another to me, to be delivered at my arrival. These proceedings were managed with so much disorder that it is pretty difficult to get a true account of them, especially till Mr. William Nicholls comes to towne, who is now in Connecticut, but is expected here to-morrow. As soon as he comes, I will have a full account of those proceedings sent to your Lordships. I have ordered all other accounts, which you ordered me to send over, to be prepared for that purpose, and I shall not fail from time to time to acquaint you with all proceedings here, and I entreat you to believe that I shall punctually follow my Instructions, and shall use my utmost endeavours to compose the differences here. I wish I may succeed in it. I find all the English merchants here, and the chief of the Dutch, and indeed the generality of the people here very desirous to be quiet. There are some troublesome spirit here, that have a mind to set the rest in a ferment if they can I do not question but I shall prevent that, In the meantime I avoid naming anybody till I have farther satisfaction; because I would carefully avoid making any misrepresentation; for as I came a stranger hither, soe I am sure I have noe spleen to no man, but I shall always think it my duty to give your Lordship a true representation both of persons and things. I have sent up to Albany to have an account of the condition of that place which I fear will not be a very good one. I have acquainted all the Governments upon the Continent of my arrival here, and shall do the same to the Islands as soon as may be. No ship are come hither from England since I came hither. The smallpox is very much here, but except that the Province is very healthy. Signed, Cornbury. Endorsed, Recd. Read July 10, 1702. Holograph. 3 pp. [C.O. 5, 1047. No. 53; and 5, 1119. pp. 164–167.
May 18. 497. Council of Trade and Plantations to the Queen. Representation upon Address of Council and Burgesses of Virginia relating to the Quota for New York. [See Calendar America and West Indies, Oct., 1701, and March 26, 1702.] Governor Nicholson communicated H.M. letter of Jan. 19, 1700/1 to the Council and Assembly of Virginia and did press them to a compliance, but found them unwilling to furnish what was expected from them. Upon this occasion they constituted an Agent of their own, directing him to present their Address to his late Majesty and to sollicit an approbation of their proceedings, tho' the same ought regularly to have been transmitted through the hands of your Majesty's Governour there, from whom they had received his late Majesty's directions. It would prove of very ill consequence in the government of your Majesty's Plantations, if countenance should be given to this manner of application, and that the Councils and Assemblies should thereby be incouraged to make representations to your Majesty by particular Agents of their own appointment, without the Governor's consent; except only when those representations contain matter of complaint against the Governor for male administration, or that he refuse to transmit or represent what they desire. In the present case no application was made to your Majesty's Governour for transmitting the said Address, nor is any complaint offered against him in reference thereunto. On the contrary, it has been acknowledged to us, as well by the said Agent as by other persons considerably interested in the Trade of that Colony, that the Governor in all his transactions with the Assembly had done his duty; and that they had nothing to object against him. The said Address presented in the name of the Council and Burgesses of Virginia, is signed only by four members of the Council. Besides the objections against the manner of presenting the said Address, we are humbly of opinion that the reasons therein offered for excusing themselves from the foresaid contribution are insufficient; for that the Forts at New York are so far advanced towards Canada as to be a common security as well to Virginia as to New York; and both those provinces, though they lye distant from each other, have no other barrier against the French. We therefore humbly propose that your Majesty would be pleased to write your Royal Letters to the Governor of Virginia, taking notice of the irregularity of this proceeding, and again recommending what has been already proposed for an assistance to be given by your Majesty's Plantations on the Continent to each other; which Letters the Governour may be ordered (as formerly) to lay before the Council and Assembly, and use his best persuasions to incline them to a voluntary compliance. Signed, Stamford, Robt. Cecill, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior. [C.O. 5, 1360. pp. 174–178; and (rough draft) 5, 1335. pp. 17–23.]
May 18.
498. Journal of Council of Trade and Plantations. Copies of notes taken May 14 delivered to Mr. Chamberlain. Col. Quary was given a letter, as he desired, to summon Mr. Randolph, Bass and Barkstead to attend to-morrow, in relation to the irregularities he has complained of in Pennsilvania,
Representation upon the Address of Virginia signed.
Mr. Cole, Master of a ship that has sometimes traded to the Bahama Island, desiring their Lordships' assistance in relation to some ill usage he received there from Capt. Hasket, a letter was writ to the Lords Proprietors in his behalf.
May 19. Order of Council, May 14, read. Directions given for preparing letters to the Governors of Barbadoes and the Leeward Islands accordingly. Col. Quary and Mr. Penn attending some progress was made in hearing the complaints of irregularities in Pennsylvania. Adjourned till Thursday. Copies taken of depositions laid before the Board by Col. Quary.
Abstract of proceedings:—1st article, relating to illegal trade, in Complaints and Replies of April 16, 28, May 12 read.
Col. Quary quoted deposition of Robert Dale, mate of the Deer sloop, which, he observed, served to explain the manner of carrying on that illegal Trade. He added, that during Mr. Penn's being in Pennsylvania, there was another sloop laden with bread, beer, etc., for Curasçoa, which having by accident struck ashore, and received some damage, and being thereby forced to unlade her goods, it happened that in rowling the casks, a hoop of one hogshead broke, and instead of bread there came out tobacco, which was a thing notorious, and known to Mr. Penn himself, but no prosecution made upon it. The sloop was suffered to go away, and in her return brought back a cargo of European goods from Curasçoa, but afterwards, being found to belong to a Dutch owner, she was condemned. He instanced in another sloop called the Callipatch, whereof James Miller, an old pirate, was Master; she went to Curasçoa, brought back a considerable lading of Dutch manufacture, and landed it. But Mr. Penn threatening Miller, he confessed, and the sloop was thereupon condemned. He said that when he came to Pennsylvania from Carolina, there came in two sloops from Curasçoa; that he understood from them the manner how they carried on that trade, by presents to persons in authority, of which he gave information to Mr. Penn, when he came last over. He instanced particularly in a ship from Denmark with iron, copper, etc., which unladed publicly (tho' the ship was afterwards seized), and he said he told Mr. Penn that his Lieut.-Gov. received 100l. for this service. He mentioned also another ship, belonging to Mr. Caleb Heathcote of New York (Timothy Archambau, master), which took in her lading of tobacco without giving security as required by law; and the said ship was thereupon seized, but a stop put to the trial, and she was discharged. [See deposition of Robt. Webb.]
Mr. Penn hereupon observing that some of these instances related to matters transacted before his arrival in Pennsylvania, desired that all objections relating to proceedings whilst he was there might be first considered, which was agreed unto. He then answered to the foregoing objections relating to trade, that he had often complained of the difficulties to prevent tricks in the trade to Curasçao, and did what he could to prevent it; that the cask of bread in which there was found to be tobacco was not a hhd. as objected, but a smal cask, and the tobacco in it not above 20 or 30lb., and that, however, the fault of not presenting that matter was the Collector's, unto whom he gave notice of it. He caused Miller to enter into a recognition of 500l., and sent home his name as one accused of piracy. Several persons were sent thence for piracy, but they were either pardoned or otherwise cleared here, and none executed. There had been foul play in the valuation or sale of some of the ships condemned, otherwise the King would have had much more for his share.
The second Article was then read, relating to the non-execution of the Acts of Trade. Col. Quary thereupon added that Mr. Penn's Lieut.-Gov., Markham, had refused to assist him in seizing pirates; that David Lloyd's ridiculing the King's Commission for holding a Court of Admiralty had been proved; that when Mr. Penn came over thither, there was a Rump of an Assembly (as he called it) sitting, which Mr. Penn continued, and they went on making Laws, amongst the rest, one for weighing tobacco; another, which had been repealed by the King, as contradictory to the Laws of England, but that none of their Acts were owned or regarded by anybody. He acknowledged that when Mr. Penn came over, he seemed very zealous, and put out Lloyd and Markham. He produced the deposition of Jacob Bodit, which was read, relating to some pirates whom Mr. Birch, the Collector, pursued, but they defending themselves got away; but upon complaint afterwards to the Lieut.-Governor, they were bound over to the Sessions, where, notwithstanding the evidence of four men upon oath, the Grand Jury would not find the Bill; and [? on] Mr. Penn's coming into the country, he promised to bring that matter to a re-hearing, but did not.
To these things Mr. Penn answered as before, that they were not done; that when he came there, he did all that lay in his power to bring the last mentioned matter to a rehearing, in order whereunto he had bound one of the men 500l. bond, who thereupon came up from New England, but nothing of this Article being contained in the abstract given him, he did not perfectly remember all circumstances, and therefore referred himself to the letters he has formerly writ to this Board about it. Memorandum, Nothing is found in Mr. Penn's letters relating to this matter.
Col. Quary in the next place produced a letter from Mr. Matthw. Birch, Collector at Newcastle, Aug. 17, 1699, relating in part to the same matter, which was read. Mr. Penn thereupon referred himself to what he writ the Commissioners of Customs upon that occasion. It being then occasionally mentioned that Mr. Penn at his coming away had put in a Lt.-Gov., Col. Hamilton, who is not qualified as required by law, and who had also been an encourager of the Scotch Trade in the Jersies, where he had formerly resided, he replied he had the opinion of the Chief Justice of New York that, being a Governor in his own right, he had liberty to put in a Deputy pro tempore, and that he did not know anyone more fit in those parts than the said Hamilton.
The Lord Lexington having been present during some part of this hearing, but being called away, Mr. Blathwayt, afterwards acquainted the Board, from his Lordship, that his intention in coming at this time was to take leave, his affairs requiring him to go into the country.
Ordered that the Secretary write to Mr. Penn to desire him to come prepared, at the meeting appointed for Thursday next, to answer the following queries [See No. 508]. [C.O. 391, 15. pp. 25–37; and 391, 96. Nos. 89, 90.]
May 18. 499. Minutes of Council of Barbados. H.M. Queen Anne was proclaimed at Bridgetown "with all the solemnity this place could admit of," after which a loyal Address of congratulation to H.M. was signed. ... "We pray ... your Majesty may preserve the balance of Europe against the overgrowing and exorbitant power of the French King, and all others that shall attempt to disturb the peace thereof or of any your Kingdoms, especially on the score of the supposed Prince of Wales, whose pretention we abhorre and renounce from the bottom of our hearts, being ready to offer up the last drop of our blood and the utmost penny of our fortunes in defence of your Majesty's right, etc." Signed, John Farmer, Presdt., Ben. Cryer, Samll. Cox, Rd. Downes, Rd. Elliott, James Colleton, Jno. Hooker, Jona. Downes, Chas. Buckworth, George Lillington, George Andrews, Wm. Sharpe, Patrick Mein, Tob. Frere, Mich. Terrill, David Ramsay, Richd. Scott, Abell Alleyne, Walter Scott, Thos. Hothersall, Thos. Neal, Jno. Eginton, Thos. Alleine, Benja. Hawkins, Xto. Webb, E. Chilton, Wm. Rawlin, A. Skene, Thos. Harrison, Charles Thomas, Robert Stillingfleet. Timo. Mascoll, Jno. Leslie, Wm. Fortescue, Wm. Griffith, Richd. Worsam, James Vaughan, Jaco. [James] Hannay, Robert Johnstown, Enoch Gretton, Thos. Horne, Wm. Adams, Robt. Vaughan, Gilbert Ramsay, Geo. Peers, Wm. Heysham, Wm. Leslie, Joseph Browne, Wm. Hart, Ch. Middleton, Edward Pare, Wm. Sealy, Joseph Todd, George Keyzar. Jno. Lewis, George Scott, Thos. Lewis, Saml. Beresford, A. Justice, Jno. Arrosmith, Fran. Tyrwhit, Wm. Springham, Jno. Thurbarne, Guy Ball, Phillip Kirton, Wm. Baron, Rd. Perriman, S. Matson, Henry Markland, Tho. Speght, Henry Cricklow, Wm. Browne, S. Biddle, John Gough, Geo. Wilshire, James Cowse, Guy Chapman, Jno. Waster, Wm. Burnett, Nicho. Sayers, Wm. Chearnley, Michl. Glyd, Benj. Bullard, John Green, Rd. Wilshire, Thos. Beckles, Jos. Skeene, Jno. Stroude, Wm. Lewis, Wm. Rayner, Wm. Harding, Jno. Saile, Alex. Lamplee, Thos. Palmer, Rogr. White, Tho. Dinning, John Smith, Thos. Ellicoll, Thos. Stewart, Thos. Edwards, Henry Adamson, Thos. Taylor, Arthur Slingsby.
May 19. Ordered that the Guards at the Forts, and additional Guards at the Magazine be discontinued till further orders.
Ordered that the Ministers of the respective parishes do pray for the Queen, and make such alterations in the Book of Common Prayer as is directed by an[y] order of the Privy Council, March 9, 1701, and that copies thereof be sent to them.
Ordered that all the Regiments in this Island continue exercising once in four weeks for four months from June 13th.
It was moved that a Chief Baron and Chief Justice be appointed with all convenient speed.
Major Lillington designing suddenly to go off this Island, ordered that the Forts about the Bridge do fire one round at his embarquing, as is usual for Members of Council.
Whereas H.M. pleasure is signified by the Council of Trade that all her liege subjects of this Island be assured of H.M.'s especial care and protection, exhorting them to do what is necessary on their parts for their security and defence, as becomes dutiful and loyal subjects, ordered that the same be published in the several parish churches the three next Sundays.
Ordered that the Address to H.M. be sent home to my Lord Grey, together with a letter desiring him to present the same to Her Majesty.
May 20. Ordered that letters be wrote to the Council of Trade and Plantations; in order [answer] to what was lately received from them.
Writs ordered to be issued for the next Grand Sessions. [C.O. 31, 6. pp. 219–229.]
May 18. 500. Minutes of Council of Virginia. Capt. Moodie's proposals [May 13] referred to the Burgesses.
Ordered that Mr. Auditor Byrd send to England for all the Acts of Parliament since the 11th and 12th of H.M. reign, and also for ruled paper, common paper, and gilded paper of several sizes, wax, wafers, quills and ink, for the use of the Council Chamber, and to ask Mr. Popple to forward 100 copies for distribution, when any Proclamations are sent from that office to this Government.
Ordered that the County Courts, with all possible speed, return to the Council Office an account of all sloops, boats and flats within their respective Counties, pursuant to the order of Oct. 24, 1701.
Whereas sundry orders have already issued requiring the several County Courts and Vestrys to transmit to H.E. exact accounts of their respective County and Parish levys, and whereas many of them have proved very remiss, ordered that they be returned forthwith.
May 19. Capt. Robert Carter excusing his absence from this Assembly on account of the death of his youngest daughter and sickness of his son, H.E. accepted his excuse.
Consideration of money owed by Capt. Corbin Griffen, late Naval Officer of Rapahanock district, referred to the Burgesses.
Naval Officers ordered to render their accounts to the Treasurer.
May 20. Capt. Thomas Lovitt [also, Lovel] Commander of the Loyal Charles of Belfast, complaining that Peter Cartwright, an ordinary keeper at Elizabeth Town, harboured his seamen to the great prejudice of his affairs, the matter was referred to the Burgesses. [C.O. 5, 1409. pp. 218, 219.]
May 18. 501. Minutes of Council in Assembly of Virginia. See preceding abstract.
Proposals sent down for a Law to prevent the harbouring of runaway seamen, to restrain seamen from travelling but such as can give a good account of themselves and their business, since in time of war enemies ships hovering about the coasts may send some of their crew on shore to spy out the condition of the country, and also to provide that all castaways or seamen discharged from merchant ships coming into this Colony be put on board the King's ship attending this Colony.
Message sent to the Burgesses urging that the Bill for the better despatch of public letters be taken into consideration in the first place. And it being absolutely necessary that in time of war some method be adopted for keeping a constant and frequent correspondence with the Governments to the Northwards, it is proposed that a post be settled from hence to Philadelphia, whence letters are conveyed by the common post every week to and from New York and Boston, whereby timely notice may be had of any invasion or attempt made in those parts.
Bill for the continuing the sitting of General Assemblies in case of the death of the Sovereign, sent up, was read a first time.
May 19. Above Bill read a second time and third time, passed with amendments, and sent down. The Burgesses passed the Bill with the amendments, and it was signed by H.E., who recommended the dispatch of business.
Wm. Randolph, junr., was sworn Clerk of the Committee for Propositions and Grievances.
Petition of Henry Lownd of Henrico County, praying allowance for a negro slave condemned and executed for a rape, referred to the Burgesses.
Petition of Thomas Blunt, Indian Interpreter on the South side of James River, for his salary, referred to the Burgesses.
May 20. Message sent to the Burgesses, that the Chickahominy Indians had represented to H.E. that the Surveyor employed for laying out their land pursuant to the resolves of the Assembly, doubted of the meaning of some of them; and that H.E. was informed that several persons have seated on those lands in controversy even since the last Session of Assembly. The speedy settlement of the matter therefore recommended to the Burgesses, H.E. and Council conceiving that, after Patents are granted to the Indians, by the laws of this Colony, the Articles of Peace made with the Indians and the Instructions of the Council of Trade and Plantations, no person ought to be suffered to live within the bounds of the said land.
Some of the Proprietors of the land laid out for the City of Williamsburgh having refused to accept the money allowed them for it, it was recommended to the Burgesses to take care therein, that it may be no longer a discouragement to persons to take up lots and build, and also that all the small outhouses belonging to Mr. John Page standing in Gloucester Street, leading from the College to the Capitol, be paid for and pulled down, that so the said street may be regularly laid out.
Message sent to the Burgesses proposing that, since the Act made last Session for seating the frontiers with cohabitation had hitherto proved ineffectual, notwithstanding the farther encouragement given by an Order of Councill, Oct. 23, 1701, a Joint Conference be held to consider the most proper methods for rendering it more effectual or some other way for securing the frontiers. The Burgesses refused.
Several petitions referred to the Burgesses.
And see preceding abstract. [C.O. 5, 1409. pp. 579–588.]
May 18. 502. Journal of House of Burgesses of Virginia. Bill for continuing the sitting of Assembly in case of the demise of the Crown was read a second and third time with amendments, passed and sent up.
Upon the petition of Robert Beverley, who had been refused his allowance given by law, in the court of James City County, it was decided that the James City Burgess ought to be paid by those Freeholders of the City and parts adjacent who have a right to vote.
And see preceding abstracts.
May 19. Mr. Beverley asked leave to bring in a Bill for the levying of the charges referred to above, but was refused.
William Randolph, jr., appointed Clerk of the Committee of Propositions and Grievances.
Mr. Wynne was granted leave of absence.
And see preceding abstracts.
May 20. Resolved, that it is not convenient to proceed upon the Revisal of the Laws this Session.
Resolved, that there is no necessity at this time to make a Law for settlement of Ferries and payment of publick expresses.
Petitions of inhabitants of Norfolk County, of William Rudd, Minister of Norfolk, etc., rejected.
Several claims referred to Committee.
Petition of Henry Lownd, praying allowance for a negro of his who was executed, rejected.
And see preceding abstracts. [C.O. 5, 1408. pp. 372–387.]
May 19/30.
in River
503. Governor Beeckman to [? the Dutch West India Company]. Signed, Samuel Beeckman. Endorsed, Recd. Aug. 8 [N.S.] 1702. Dutch. 5 pp. Enclosed,
503. i. Petition of inhabitants of Essequebo about negro slaves. Dutch. 1½ pp.
503. ii. List of those who have drawn Bills of Exchange on account of slaves bought, imported by the Fortuyn, April 10 [N.S.] 1702. Dutch. 2 pp.
503. iii. Order of Council of Essequebo, Feb. 20 [N.S.] 1702. Dutch. 2 pp. [C.O. 116, 19. Nos. 9, 9.i.–iii.]
May 19.
Chamber in
504. President and Council of Barbados to the Council of Trade and Plantations. We have received your Lordships' letter of March 19, and proclaimed the Queen accordingly the 18th inst. in the most solemne manner that we could. After Proclamation was made, all the forts and ships discharged all their guns three times, and a general satisfaction appeared in the countenance of all the people upon H.M. happy accession to the Crown, we having assured them, according to your Lordships' command, of H.M. especial care and protection; and exhorted them to do on their parts what is necessary for their security and defence in the present conjuncture, as becomes loyal and dutiful subjects. Your Lopps. were likewise pleased to signify to us that we should receive a warrant under H.M. Royal signature impowering us to continue the use of the Public Seal, which warrant we have not as yet received. We likewise received two packetts with directions to forward them, one for the Governor of the Leeward Islands, which was sent forward, the other for the Governor of Jamaica is not yet sent, but care shall be taken that it shall goe by the first oppertunity. We have also received your Lopps.' letter with the Order of Council requiring an account whether the Courts of Admiralty in this Island are established by virtue of a Commission from the Admiralty or under the Great Seal of England. Upon receipt whereof we immediately repaired to the Records, and do find that the Court of Admiralty is held here by virtue of a power given to Lord Grey by a Commission from His late Majesty under the Great Seal of the High Court of Admiralty; and the processe of the Court did issue in His late Majesty's name. Mr. Larkin, who is one in the Commission appointed by His late Majesty for the tryall of Pirates, arriving here in April last, a Court was immediately called, and the persons appointed in the said Commission were summoned to attend in order to qualify themselves to act in the said Commission by taking the oaths appointed, etc., which was accordingly done April 13 last by all the Commissioners that then attended.
We have sent by Capt. Warren one Nicholas Churchill, who was condemned with Capt. Kidd for piracy, and believed to have made his escape from Newgate, as we were informed by Mr. Larkin. He acknowledged himself to have been condemned, but alleadged he had obtained His late Majesty's pardon, but, not having anything to show to convince us of the truth thereof, he was here apprehended and committed to goale, whereupon he petitioned to be sent home in order to his getting his pardon as he alledged. As to what your Lopps. were pleased to signify, Aug. 20, that some Governors and Members composing a Court of Chancery did sit and act without taking any oath to do equal and impartial justice between parties concerned, we do assure your Lordships that the Members who compose that Court in this Island, before they can be admitted to sit, to hear and determine matters, doe first take an oath to the purpose above- mentioned in pursuance of an Act of this Island appointing an oath to be taken by all such as by the Laws of this Island are or shall be impowered to hear and determine writs of Error and Petitions of Grievances and all other matters of equity whatsoever. We also received a Memorial some time since which was presented to your Lordships by Mr. Hodges against Mr. Chilton, H.M. Attorney General of this Island, to which he has not yet given in his answer, but has promised to deliver it in very suddainely, and shall take care to forward it to your Lopps. with all convenient speed. Inclosed is a coppy of a letter, the contents whereof is sworne to by one Andrew Barnes, who was lately sent down to Martineco to get what intelligence he could. Signed, John Farmer, President, Geo. Lillington, Geo. Andrews, Wm. Sharpe, Pat. Mein, Michaell Terrill, David Ramsay, Tob. Frere, Rd. Scott. Thomas Merrick, Saml. Cox. Endorsed, Recd. 10th, Read Aug. 11, 1702. 4 pp. Enclosed,
504. i. Abstract of preceding. 1¼ pp.
504. ii. Copy of the Order of the Procession in Bridge Town, May 18, 1702, on occasion of proclaiming H.M. Queen Anne. Endorsement as letter. 1 p.
504. iii. Copy of Petition of Nicholas Churchill to the Council of Barbados to be discharged from prison or to be sent to England, he having been discharged from Newgate by virtue of a bailable warrant signed by H.M. and directed to the Keeper of Newgate, which aforesaid warrant the Keeper did retain for his security of the Petitioner, the other six men condemned with Petitioner being discharged on the aforesaid warrant and now in some parts of America. Signed, Nicholas Churchill. Endorsed as preceding. 1½ pp.
504. iv. Memorandum of Minutes of Council of Barbados, Nov. 20, 1701—Feb. 19, 170½. ¼ p.
504. v. Memorandum of Minutes of Council of Barbados, Feb. 14, 170½—May 19, 1702. ¼ p.
504. vi. Memorandum of Journal of Assembly of Barbados, Nov. 18, 1701—April 22, 1702. ¼ p.
504. vii. Memorandum of Acts of Assembly of Barbados, Nov. 17, 1701—March 10, 170½. ¼ p.
504. viii. Memorandum of Acts of Assembly of Barbados, March 170½, April, 1702. ¼ p. [C.O. 28, 6. Nos. 60, 60.i.–viii.; and 29, 8. pp. 128–136.]
[May 19.] 505. Copy of Deposition of Jacob Boditt, etc. [See Cal. 1699, No. 877.i. (4).] 2 pp. Annexed,
505. i. Corroborative affidavit of Mathew Birch. Copy. ½ p. Endorsed, Recd. from Col. Quary. Recd. Read May 19, 1702. [C.O. 5, 1261. Nos. 97, 97.i.]
[May 19.] 506. Copy of Deposition of Robert Webb, late Collector of H.M. Customs in Philadelphia, April 2, 1698. Under a warrant of Governor Markham, Nov. 6, 1696, for seizing the Loyal Factor of New York, then at anchor before Newcastle, for having taken some enumerated commodities without having given Bond according to the Act, Deponent went on Board and found a quantity of tobacco, and thereupon seized the vessel and appurtenances, and brought her with great expense, difficulty and hazard to the Port of Philadelphia. Two or three days after, without his privity, the brigantine, without trial or hearing, was discharged, and the men Deponent left on board turned ashore by the Governor's order, as Deponent believes, for when he asked the Governor the reason, he replied that he had ordered security to be taken for the vessel, and received better information from the Master in that behalf, and accordingly the vessel returned for Newcastle to complete her loading and proceed her voyage. Endorsed, Recd. from Mr. Randolph. Recd. Read May 19, 1702. 2 pp. [C.O. 5, 1261. No. 99.]
[May 19.] 507. Matth. Birche to [? Col. Quary]. Newcastle, Delaware, Aug. 17, 1699. [See Cal. 1699. No. 877.i.(6).] Copy. 2 pp. [C.O. 5, 1261. No 98.]
May 19.
508. William Popple to William Penn. The Council of Trade and Plantations, since your being with them this morning, have further ordered me to desire you to be prepared against the meeting appointed for Thursday morning next, to answer the following queries :—1st, Whether all persons, in judicial or any other offices, in Pensylvania and the three Lower Counties, do take the oath directed by the Law of England, or the affirmation allowed to Quakers? 2d, Whether all persons, who in England would be obliged, and are willing, to take an oath in any publick proceedings, are permitted so to do in Pensylvania? 3d, At what rate pieces of eight do go in Pensylvania; and the reason why they are advanced above the rate current in her Majesty's other Plantations? [C.O. 5, 1289. p. 475; and (copy of queries only, ¾ p.) 5, 1233. No. 34.]
May 20. 509. J. Thurston to William Popple. Money is now ordered for the pay of the Company at Newfoundland and their clothing, but not any for fire and candle, or for medicines, as directed by the Queen in Council. I humbly pray the Lords Commissioners' directions to whom the money is to be consigned, Mr. Huxford having declined to meddle any more with it, and my Lord Ranelagh refusing to depute any other person. I pray also that the convoy may have orders to take the money and cloathing on board. Signed, J. Thurston. Endorsed, Recd. Read May 20, 1702. Addressed. 1 p. [C.O. 194, 2. No. 78.]
May 20.
510. Earl of Nottingham to the Council of Trade and Plantations. The Queen having been pleased to appoint Francis Nicholson to be Governor of Virginia, Nathanl. Blakiston to be Governor of Maryland, Christopher Codrington to be Governor of the Leeward Islands, Benjamin Bennet to be Governor of the Bermudas, Joseph Dudley to be Governor of New Hampshire and the Massachusetts Bay, the Lord Cornbury to be Governor of New York, and Sir Bevill Granville to be Governor of Barbados, you are to prepare the draughts of their Commissions and Instructions. Signed, Nottingham. Endorsed, Recd. Read May 21, 1702. 1 p. [C.O. 323, 3. No. 128; and 324. 8. p. 158.]
May 20.
511. Journal of Council of Trade and Plantations. Letter from Mr. Thurston, relating to the pay, etc., for the soldiers at Newfoundland, read. He was told that this Board are of opinion he may consign the money, which is to be sent thither, to Capt. Richards, who now commands the Company, or in case of his death or absence, to Lieut. Lloyd; that as to what is wanting for fire, candle and medicines, he ought to prepare a short memorial, and desire Mr. Lowndes to lay it before the Lord High Treasurer, and as for Orders to the Commodore to take in the clothing and money to be sent, he ought to apply to the Lord High Admiral by Mr. Burchet.
Orders of Council, May 14, upon the 4½ p.c., read.
Letters to the Governors of Barbadoes and Leeward Islands thereupon, with Representation, agreed upon and signed.