America and West Indies: August 1702, 26-31

Pages 566-571

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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August 1702

Aug. 26.
919. Lt.-Governor Beckford to the Council of Trade and Plantations. Acknowledges receipt of letter. The Governor of New England has sent two other pacquets, one for General Codrington and another for the President of Barbadoes, but I must wonder that he should send them to this Island, whereas we may not have a vessel from our Port to the Windward Islands or Barbadoes in 7 years, but from the Northern Colonies they have daily opportunities. The most expeditious way that I can think of will be to send them back again, either to New York, New England, Pensilvania, or some other of those Colonies. We had the news of the war both from Barbadoes and Antigoa, so that I hope no hast is required in the expediting of these pacquets. Signed, Pe. Beckford. Endorsed, Recd. Nov. 25. Read Dec. 1, 1702. 1 p. [C.O. 137, 5. No. 81; and 138, 10. pp. 390, 391.]
Aug. 26. 920. Duplicate of preceding. 1 p. [C.O. 137, 5. No. 82.]
Aug. 26. 921. Minutes of Council in Assembly of Virginia. Report of the Committee for appropriating the rooms in the Capitol, etc. agreed to.
Lists of Militia sent down to the Burgesses, with a message from H.E. inviting any proposals from them.
Upon reading the Book of Claims of the Assembly, Aug. 1701, Benjamin Harrison and Robt. Carter objected against that article of 10,000lb. of tobacco and cash to the Speaker of the House of Burgesses, because the said allowance hath been discontinued ever since 1695, and they did not think it reasonable to revive it now. The vote was therefore disallowed, Mr. Secretary Jenkins dissenting. H.E. said he thought the Book of Claims with that very article was allowed in August upon the Burgesses allowing 146l. 8s. 3d. of extraordinary charges and 63l. for the land of Government House, which two articles H.E. hath told the House of Burgesses he doth not now insist on, having recd. no orders from England about them, and therefore he is of opinion the said Book is past, and that the House of Burgesses are the most proper judges of the merit and rewards due to their own officers, and it hath been for much longer time allowed than disallowed, and what reasons they had for so doing are best known to themselves. This article hath been allowed by two Houses of Burgesses one after another, and if upon its not being allowed here the House of Burgesses should refuse to pass the whole Book of Claims, it will be a grievous oppression upon the subject, there being two years' claims due, and may in some sort endanger the peace and quiet of this H.M. Colony and Dominion, and the sum of 10,000lb. of tobacco will not amount to ½ lb. per pole.
The Council agreed to the Book of Claims, with an amendment that the 10,000lb. referred to be expunged.
The Burgesses sent up a resolution that they would not recede from their grant to Major Peter Beaverly, the Speaker.
An Ordinance for the defence of the country in time of danger, sent up, was agreed to.
The Burgesses attending addressed H.E., expressing their appreciation of his prudent administration, profound zeal, and repeated civilities to them. They joined with H.E. and Council in hearty prayers for the preservation and victory of H.M., etc. H.E. returned thanks.
The Council considered the resolve of the House of Burgesses upon the Amendment to the Book of Claims. H.E. acquainted the Council that in passing the Claims, he demanded a privilege to sit and vote as President of the Council. Resolved, that the Council agree to the Book of Claims with the exception of the article referred to, which they propose may be submitted to the determination of the Lords Commissioners for Trade and Plantations, and in the meantime that the levy be laid without it. The Burgesses returned a resolve that they did not agree to that proposition of the Council. "We made the allowance to our Speaker now objected against with as mature consideration as any other part contained in the Book of Claims. That allowance hath passed this House three times, and we give it as a consideration for his faithful services to H.M., this Government and this House, and we esteem it within the bounds of our privileges. We hope your honours will no longer dispute it with us, but agree to that as well as the rest, that this Session may thereby be brought to a friendly conclusion."
Aug. 27. Petition of Mr. Secretary Jenkins referred to the Burgesses.
Answer returned to the Burgesses' reply concerning the allowance made to their Speaker, that the Council did not agree thereto; that it is an inherent privilege in H.M. Council, either to concur or disagree to the Book of Claims, as far as they see cause, and no instances can be given that ever Book of Claims passed without concurrence; that it is the opinion of the Council that they have good reason for their present disagreement to the allowance, for that no such charge hath been laid upon the Public for several years passed, and was discontinued by the Burgesses themselves in 1695, and in the several succeeding Assemblies resolve upon resolve hath been made that such allowance should never be given for the future; to revive it now will be a disservice to the country. The Council thereupon desire the House no longer to insist on it, submitting it to be considered where the fault will light if the Public Levy be not now laid and this Session come not to a speedy and friendly conclusion.
H.E. sent a written Message to the House of Burgesses that the "reasons the Council have given do not seem to me sufficient to vacate the privilege of giving 10,000lb. of tobacco to Yr. Speaker. I am heartily sorry for this difference. Every day of the Assembly's sitting is a great charge to the country, and I suppose you dispatch'd everything else. I shall be extreame glad that there could be an expedient found to bring this Session to a friendly conclusion, and it shall be esteemed a piece of extraordinary happiness if I can be in the least anyway instrumental therein."
The Burgesses sent down their Proceedings thereupon. The Speaker, after referring to the "unpresidential (sic) stiffness" of the Council, proposed to return the gift of the House, in order that they might lay the levy, etc. but should pass a Declaration that it was their privilege, and to preserve the right to future ages. The House resolved that it was undoubtedly their right to gratify their Speaker, and reward their officers as they shall think suitable; that there was no precedent of the Council's refusing to agree with the House in gratifying their Speaker; that the Council not agreeing to the allowance is a denial of the privilege of the House; and that the House agrees to expunge it out of the Book of Claims at the instance of the Speaker, and purely to save the charge of sitting any longer, for the ease of the country, and to the end that the publick debts may be paid, but that they will not thereby be said to have parted from this point of privilege.
The Council agreed to the Book of Claims as amended. Resolve of the Burgesses agreed to, "to give 8s. a hundred for tobacco and cask so far as the 600 pounds taken out of the imposition fund for easing the levy will reach."
Mr. Treasurer's Accounts sent up, were read and returned.
Aug. 28. H.E. having summoned the Assembly thanked them for their Loyal Address to H.M. "You have anticipated my design of recommending to you to be diligent and vigorous for H.M. service in your several capacities.... If there should be any sons of Belial that have or would endeavour by false, scandalous and malicious reports, insinuations and innuendoes against myself or others to disturb the peace and quiet of this Colony, I pray God frustrate their designs, etc.; and if any go about in the least to separate H.M. interest and service from that of this her Colony and Dominion, let him be Anathema, Maranatha." He returned thanks for their Address to himself, and thanked them in H.M. name for agreeing to the proposal to accommodate the affair relating to the Speaker's allowance.
The Burgesses sent up an Address of thanks to H.E. for his message of yesterday, and his support of their priviledges.
Two orders for payments out of the Imposition funds, sent up, were agreed to.
Bill for raising a public levy, sent up, was agreed to and sent down. The House attending, the Speaker addressed H.E. "The House attend your Excellency with several Bills agreed upon this Session, most of which, metaphorically compared, may be said to be scions of your Excellency's speeches now grown up into trees adorned with several branches." Acts, for the regulation of ferries, the dispatch of public expresses, and for the speedy transporting of forces over rivers and creeks in time of danger; prohibiting the harbouring of seamen on shore; and laying a public levy; and an Ordinance of Assembly for defence of the Country in time of danger, were signed by H.E. who then dissolved the Assembly. [C.O. 5, 1409. pp. 649–661.]
Aug. 26. 922. Journal of House of Burgesses of Virginia. See preceding abstract.
Report of the Committee appointed to consider of appropriating the rooms in the Capitol was agreed to. Details given, with the following resolutions:—That the whole building be paled in 24 ft. distance from the sides and ends with sawed plank good locust or cedar posts with good rails; that the square of 475 foot set apart by the Law for the Capitol to be built upon be meated out, and that no building whatsoever be erected thereon; that the rules of the prison be the lot that the prison stands upon, and the said square of 475 ft.
Aug. 27. See preceding abstract.
Ordered that it be referred to the consideration of the Committee appointed for Revisal of the Laws to ascertain a reasonable fee to Mr. Secretary for Military Commissions, and how and by whom they shall be paid.
Ordered that Mr. Treasurer take care that Hancock Custis and Richard Lee be sworn to their accounts, and that he receive the debt due from Corbin Griffen's estate. Mr. Treasurer's accounts considered and sent up.
Committee appointed for proportioning the Public Levy, who reported that it amounted to 4¼lb. tobacco per pole.
Bill for raising a public levy read three times and passed.
Aug. 28. See preceding abstract. [C.O. 5, 1408. pp. 469–484.]
Aug. 27.
27, 6m. (Aug.)
923. William Penn to William Popple. Friend Popple, I have thyn of the 14th. The person on whose acct. it was writ, as ye inclosed papers tell me, is so beggerly and base a man, that I was sorry to finde time lost upon him. To be sure I resolv'd not to wave my own more valluable affairs to attend his storys. I have too many witnesses of his character to produce, to be solicitous of the success of his accusations or petitions. Yet if the Lords think it worth their while to hear us, tho I must, [? think it] time thrown away, I will waite upon them when I come to town, which will be in a week or two. Signed, Thy assured Friend, Wm. Penn. Endorsed, Recd. Aug. 31, Read Sept. 3, 1702. Holograph. Addressed. Sealed. 2 pp. [C.O. 5, 1261. No. 151.]
Aug. 27. 924. Minutes of Council of the Massachusetts Bay. A collection of intelligence from France, etc. drawn out of the French papers and letters taken in a prize ship lately sent in by Capt. Thomas Larrimore, Commander of a private man of war, was read at the Board.
H.E. acquainted the Board that he had received a letter from Major John March, Commander of H.M. Fort at Cascobay, giving an accompt that a considerable number of Indians had lately been there, and that they seemed to be in good temper, and expressed their resolutions to continue peace with the English, notwithstanding the war with France.
H.E. acquainted the Board with his intention to set out on a journey to Rhode Island on Munday next, in order to his visiting of that Colony and the Narraganset Country or King's Province, and settling of the Militia and Forts there, according to his Commission, and proposed that some of the Council do accompany him. [C.O. 5, 788. p. 192.]
Aug. 27. 925. Minutes of Council of Virginia. Major Arthur Allen, Samuel Thomson, Wm. Edwards, and Joseph John Jackman were added to the Commission of Peace for Surrey County.
Whereas upon perusal of the survey and platt of land laid out for the Chickahominy Indians, H.E. and Council, judging it not for H.M. interest to allow such a large tract to them, thought fit to lay the survey before the Burgesses, who by their resolve of the 24th have referred to the General Court to decide all doubts arising from the land being so laid out, Ordered that the Sherrieffs of the adjacent counties make publication that the sixth day of next General Court is appointed for determining all such doubts, disputes, etc. Notice also to be given to the Indians.
The embargo laid on ships July 15 was now taken off.
Bertram Servant and Henry Royal were added to the Commission of the Peace of Elizabeth City County.
Mr. Treasurer Carter made oath to his accounts.
Aug. 28. H.E. asked if there were anything further to offer to the Burgesses.
Order signed to the Clerks of the County Courts to give to the Commanders in Chief copies of the Acts for strengthening the frontiers, concerning transporting forces, etc. concerning seamen etc. Order signed directing Collectors and Naval Officers to secure seamen belonging to any wreck and carry them on board H.M. ships of war. Order signed and directed to be published that no seaman be discharged from his ship without notice first given to H.E. [C.O. 5, 1409. pp. 254–258.]
[Aug. 31.] 926. Agents of Barbados to the Council of Trade and Plantations. Before we can lay before your Lordships what guns, etc. would be most proper to invest the money out of the 4½ per cent. in, we find it necessary to know first what nature and length of guns the Office of Ordance can furnish us with, and so to concert the value of them with that Office, which we have not been able yet to do, though we have solicitously endeavoured it. Signed, Francis Eyles, Robert Heysham. Endorsed, Recd. Aug. 31, Read Sept. 3, 1702. [C.O. 28, 6. No. 80; and 29, 8. p. 201.]
Aug. 31.
Inner Temple.
927. Certificate of security given by Robert Johnson and Thomas Cary in 2,000l. for Nathaniel Johnson, Dep. Gov. of Carolina. Endorsed, Recd. 1, Read Sept. 3, 1702. 1 p. [C.O. 5, 1261. No. 153; and 5, 1290. p. 213.]