America and West Indies
April 1701, 11-15

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Institute of Historical Research

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Cecil Headlam (editor)

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1910

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157-163

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'America and West Indies: April 1701, 11-15', Calendar of State Papers Colonial, America and West Indies, Volume 19: 1701 (1910), pp. 157-163. URL: http://british-history.ac.uk/report.aspx?compid=71542 Date accessed: 25 April 2014. Add to my bookshelf


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Contents

April 1701

April 11.
Whitehall.
326. Council of Trade and Plantations to the Lords Commissioners of the Admiralty. Mr. Larkin (see above) being about to take his passage for Newfoundland and from thence to proceed to the respective Plantations, we have prepared circular letters for H.M. signature to the Governors thereof (see April 14), and it being requisite that some directions to the like effect be also given by your Lordships to the Commander in Chief of H.M. Ships of War at Newfoundland, we enclose a copy of that letter for your information. Signed, Stamford, Lexington, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Abr. Hill, Mat. Prior. [C.O. 195, 2. pp. 437, 438.]
April 11.
Admiralty
Office.
327. J. Burchett to Mr. Popple. I have communicated your letter to my Lords of ye Admiralty and they have this night sent the additional directions mentioned therein to Capt. Graydon, Commander in Chief of H.M. ships going to Newfoundland. Signed, J. Burchett. Endorsed, Recd. 11, Read April 15, 1701. ¾ p. [C.O. 194, 2. No. 38; and 195, 2. p. 439.]
April 11.328. Observations upon the Maryland Act for Religion. Suggestions and Corrections with the decisions of the Board of Trade (?) upon them. Without signature or endorsement. 3 pp. [C.O. 5, 715. No. 33.]
April 11.329. Journal of Council of Trade and Plantations. Letter to the Admiralty signed and sent.
His Grace the Lord Archbishop of Canterbury and Lord Bishop of London being now at the Board, the Maryland Act for Religion with amendments offer'd to be made upon it, lately received from Doctor Bray, was taken into consideration, and several observations being made thereon and alterations agreed upon, a minute thereof was given to Dr. Bray, together with the Act itself, in order to the making farther amendments accordingly, and returning it to this Board that it may be then considered more fully. [Board of Trade. Journal, 13. pp. 441, 442; and 98. No. 68.]
April 14.330. Circular letter from H.M. to Lieut.-Governor Bennet, relating to Mr. Larkin's mission appointed to repair, with duplicates of Commissions for trying pirates, to the respective Plantations. "You and others Commissioned with you are, with his advice, to settle such rules and formes of proceedings in the Courts for the trying of pirates as ought to be observed, pursuant to that Commission, etc." Kensington, April 14, 1701. Countersigned, Ja. Vernon. [C.O. 38, 5. pp. 156–158.]
331. Similar letter, mutatis mutandis, to Governor Grey. [C.O. 29, 7. pp. 305, 306.]
332. Similar letter, mutatis mutandis, to Governor Sir William Beeston. [C.O. 138. 10. pp. 146, 147.]
333. Similar letter, mutatis mutandis, to Governor Codrington. [C.O. 153, 7. pp. 154, 155.]
334. Similar letter, mutatis mutandis, to Governor Blakiston. [C.O. 5, 726. pp. 41–43.]
335. Similar letter, mutatis mutandis, to Governor the Earl of Bellomont. [C.O. 5, 1118. pp. 250, 251; and 5, 909. pp. 392–394.]
336. Similar letter, mutatis mutandis, to Governor Nicholson. [C.O. 5, 1360. pp. 76, 77.]
April 14.337. Minutes of Council of New York. Present, as April 1. Col. Smith signed in Council his answer [see No. 318. and April 30. No. x.] to the paper delivered him April 9, which was read with the opinion of Col. Peter Schuyler and Robert Livingston, which was put in writing and annexed to the said paper and signed by them both, and read also in Council, of which papers the rest of the Gentlemen of the Council delivered their opinion in writing, signed by them, which they ordered to be recorded in the Council Book, as follows:—Col. Smith having offered a paper as reasons for not acting according to the establishment of Government invested in H.M. Council by H.M. Letters Patents, which paper recites several other papers offerred by Col. Smith to the Council, it is the order of this Board that the said papers be all lodged in the Clerk of the Councill's hands, in order that the Gentlemen of H.M. Council may have copies thereof, and draw up answers to them to be transmitted to H.M., but the said papers having been read and found to contein several unjust representations of matter of fact relating to matters transacted by the Council, they do therefore think them unfit to be recorded in the Council Book. Signed, A. D. Peyster, S. Staats, R. Walters, T. Weaver.
A paper was produced to this Board signed by Col. Abraham De Peyster, Samuell Staats, Robert Walters and Tho. Weaver, conteining pressing reasons why the General Assembly ought to sit, wherein they order the same to be entered in the Council Book, and there to be transmitted. [The paper is entered. See April 30. No. xi.]
Ordered that the Clerk of the Council deliver to any Member of Council copies of such Minutes, Orders of Council and publick papers, as he shall require of him, notwithstanding an order of this Board, March 31, the difficulty being since removed.
April 15.Present, as yesterday. Col. Smith, Eldest Councillor, proposed the taking of several registers of vessels, which the Naval Officer had informed this Board was necessary to be done, by the delaying of which trade would be hindered. Whereupon Col. Smith was demanded of, if he would allow and consent that the major vote of H.M. Council should stand and be deemed the Act of the Council, which he refused to admit of; upon which the major part of H.M. Council declared that they would proceed in no matters of business with Col. Smith till he consented thereto, upon which Col. Smith left the Council Chamber, first saying that he did adjourn the Council.
April 16.Present, as April 1. Ordered that the Clerk of the Council do wait on Capt. William Caldwall, Commander of H.M.S. Advice, and desire him to meet the Board to-morrow, to consult with them what will be most necessary for H.M. service to imploy his said ship. [C.O. 5, 1184. pp. 495–506.]
April 14.338. Journal of House of Representatives of New York. Paper signed by four of the Council [See Abstract of Minutes of Council, under date] sent down, was read.
April 15.The above paper was read. Ordered that this House forthwith inquire in whom the administration of the Government is by vertue of H.M. Letters Pattents vested. Ordered that the Clerk do immediately wait on Tho. Weaver, in whose custody they are informed H.M. Letters Pattents to Lord Bellomont now are, and desire him to send ye same to this House, together with all other papers and minutes made by the Council since Lord Bellomont's death, signifying their sense in whom the administration is now invested. The Clerk delivered to Mr. Speaker from Mr. Weaver Lord Bellomont's Commission, and Minutes of Council, March 5 and 13. Lord Bellomont's Commission was read and debated.
April 16.Resolved, that the Administration of the Government of this Province and the execution of H.M. Commission granted to ye late Earl of Bellomont for ye Government of this Province is by his death and the absence of the Lieut.-Governor invested in H.M. Council, in which the eldest Councillor residing in the Province is to preside, with the powers and preheminencies thereto belonging, but that ye administration of said Government and ye execution of said Commission is not vested in the eldest Councillor nor any other single member of the Council.
Major Mathew Howell, Capt. Daniel Whitehead, Kilian van Renslaer, Col. Henry Peirson and Major John Jackson delivered in a paper to the House, which was read and ordered to lye under consideration.
Resolved, that ye paper of April 14, signed by the major part of the Council, is and ought to be received by this House as ye sense of H.M. Council, in which the Government is now vested, and ought to be considered of accordingly.
Resolved that the debates made in Council by Col. Smith, according to what H.M. Council have represented to this House, has been the occasion that the proceedings of the General Assembly for H.M. service have been so long delayed to the great hazard of the safety and peace of this Province.
Ordered that the Commissioners of Accounts make their report to this House on Friday. [C.O. 5, 1184. pp. 967–975.]
April 15.
Maryland.
339. Governor Blakiston to the Council of Trade and Plantations. Mr. Thomas Laurence, H.M. Secretary of this Province, is this day dead of a feavour. On which occasion upon ye application of Mr. William Bladen, a gentleman who for these tenn years past has faithfully served H.M. in several imployments within this Province as Clarke of Assembly and Clark of the Council, as also in H.M. Customes here, wherein he has been serviceable beyond others in his station, etc., I humbly presume to recommend him to your Lordships. If I had any thoughts that Sir Thomas Laurence would move your Lordships for himselfe in this affaire, I should altogether desist representing any other person. Signed, N. Blakiston. Endorsed, Recd. June 8, Read June 11, 1701. Holograph. 1½ pp. [C.O. 715, 5. No. 34; and 5, 726. pp. 70–72.]
April 15.
Barbados.
340. Council of Barbados to the Council of Trade and Plantations. Refers to letter of Jan. 27 with petition of John Loder, etc., wherein to our great surprize we find that they complain of the neglect of holding the Court of Chancery here, that it has been sometimes adjourned for five or six months at a time and that they were discouraged from further prosecution of their business by reason of such delays. How unjust and groundless their petition is will appear by the declaration of John Holder, Esq., their Attorney here, and by a certificate from the Register in Chancery of this island, here inclosed, whereby your Lordships will see there has been no neglect of holding that Court, but that their two Bills, which are all they ever had in the Chancery Court here, fell, the first by the death of Mr. Thomas Dubois, one of their Attorneys; the other Bill was demurred to by the Defendant, and set down for a hearing, March 12 last. The Petitioner's Council acquainted the Court that they could not proceed to a hearing of the said demurrer, for that the Bill was fallen by the intermarriage of Mrs. Dorothy Hanks, one of the Complainants, and that they would bring a new Bill, which they have not yet done. And as to the General Complaints of not holding the Chancery Court and that there were 300 causes at a time depending in it, they lye under the same fate of being unjust and groundless, as your Lordships will see by the account of all the proceedings in that Court since His Excellency's arrival here. The Court of Chancery was never adjourned or appointed for a longer time than four weeks at once, but for some months together 'twas held once a week, and every cause, demurrer, motion, or other matter depending in that Court was dispatch'd and the List wholly cleared, and when it was not held according to the appointment of four weeks, 'twas by reason of a severe malignant feavor which continued several months amongst us, and especially in the Towne, where most houses were shutt up, the Lawyers oftentimes downe of the distemper and not able to attend their clients' business, and the complainants and defendants living in the country frequently desired to have their causes continued rather then be at the hazard of coming to town to prosecute them. We have also heard of a complaint made by Mr. Hodges and Mr. Hawkins in an affaire heretofore depending betwixt Mrs. Newton and Gibbes, etc., which can have no manner of truth in it, for that there has not been any bill nor cause relating thereunto in the Court of Chancery here since the Government of Col. Kendall, which besides a certificate from the Register's Office here-inclosed, Col. Richard Scott, a member of this Board, and one of the Attorney's of Richard Bate, Esq., now in London, and other of the Trustees of Madam Newton does affirm to us. It was therefore our humble opinion, with H.E.'s, not to enter the said petition of Mr. Loder, Mrs. Crofts and Mrs. Frederick in the Council Book till your Lordships' pleasure be further known, the matters therein contained being false and scandalouse reflections on H.E. and the proceedings of this Government, and we humbly pray your Lordships to continue your favour and justice of giving us opportunity of answering for ourselves upon any complaints made. Signed, John Farmer, Geo. Lillington, Geo. Andrews, Wm. Sharpe, Pat. Mein, Tob. Frere, Mich. Terrill, David Ramsay, Richd. Scott, Ben. Cryer, Thomas Merrick. Endorsed, Recd. June 19, Laid before the Board June 25, Read July 2, 1701. 3 large pp. Enclosed,
340. i. Copy of Minute of Council of Barbados, April 8, 1701. Endorsed, Recd. June 19, Read July 2, 1701. 1 p.
340. ii. Certificate from the Register of the Chancery in Barbados as to the case Newton v. Gibbs. Complainant filed her Bill Feb. 28, 1692/3, to which defendant field his demurrer March 21, 1692/3. On April 19, 1693, Complainant's Bill of Complaint was dismist out of the said Court, since which Complainant has not filed any other Bill in the said Court against the Defendant. April 16, 1701. Signed, Wil. Beresford, Regr. Cane. Endorsed as preceding. ¾ p.
340. iii. Certificate from the Register of the Chancery in Barbados as to the case of Mary Crafts, and Martha Frederick v. Hester Gascoigne. Complainants filed their Bill of Complaint Sept. 2, 1700, to which defendant put in her demurrer Oct. 12, 1700. On March 12, 1701, the Bill was admitted and concluded by the Counsel of each side to be fallen by the marriage of one of the complainants, and the Court adjudged accordingly. April 16, 1701. Signed and endorsed as preceding. ¾ p.
340. iv. Abstract of above letter. 1 p. [C.O. 28, 5. Nos. 1, I. i.–vi.; and (without enclosures) 29, 7. pp. 323–327.]
April 15.
Whitehall.
341. Council of Trade and Plantations to Mr. Penn. Refer to letter of April 2. Mr. Secretary Vernon having already given you some direction concerning Pirates and Pirates' Goods, it is most proper that you continue to receive from him what may be further necessary. The question you ask about Law, in case of any one's concealing the goods of pirates, whilst they remain unconvicted, will be best resolved by the late Act for the more effectual suppression of piracy, which you will have seen long before this time, and unto which we must referr you for the rule of your conduct in all matters of that nature. The heads that you have sent us of your deliberations with Lord Bellomont and Col. Nicholson do contain or point at some considerations, which may be of very good use for the general benefit of H.M. Plantations, and we shall not fail to have them in our eye, in order to promote the execution of one or other of them in proper occasions. You will do well also on your part, tho' you cannot frequently meet, to continue a constant correspondence with ym. and with Col. Blakiston by letters, that by preparing in that manner and digesting matters of common importance, H.M. service may be the better promoted, and the publick concerns of all your Governments carried on without any clashing or interfering of interests. We shall expect the Method of proceedings in the several Courts of Pennsylvania, which had been required by the Lords Justices, together with the revised Laws, as you promise them. Signed, Stamford, Lexington, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Abr. Hill, Mat. Prior. [C.O. 5, 1289. pp. 40–42.]
April 15.342. Minutes of Council of Virginia. Proclamation proroguing the Assembly till June 4, signed.
Commission for Thomas Mountford, to be Capt. of a troop of horse in the Lower parts of James City County, signed.
Commissions for John Frayser, to be Lieut. and Edward Jacquelin to be cornet of the said troop, signed.
A new Commission of the Peace being prepared for New Kent County, H.E. nominated and appointed John King and Henry Chiles to be added to the Commission, and James Moss and John Stannup to be of the quorum. Mr. Benja. Harrison appointed to prosecute in the General Court as King's Attorney, pro hac vice. [C.O. 5, 1409. pp. 76, 77.]
April 15.
Tuesday.
343. Minutes of Council in Assembly of Barbados. 25l. paid to Arthur Slingesby for one year's rent of the Council Chamber.
24l. paid to Samuel Maynard, and 25l. to Benja. Whiteacre, each for a negro convicted of theft and accordingly executed.
Payment of the account of John Duke, Commander of the watch at the Magazine, ordered.
Ordered that the precepts for calling a new Assembly be signed and dated as on Thursday next, for them to make their returns this day three weeks.
Error brought by James Cecil continued by consent of both parties to next Council day.
Error brought by John Lewis, millwright, to reverse a judgment of the Hon. James Colleton upon an action of detinue brought by John Kattlewell and Eliza., his wife, dismissed.
Error brought by Philip Bennfeild, to reverse a judgment of the Hon. Richard Elliot upon an action of trover and conversion brought by Charles Cleaver, dismissed.
Error brought by Samuel Cox, to reverse a judgment of the Hon. James Colleton, dismissed.
Error brought by Capt. Peter Colleton and Nicholas Rice continued till next sitting, the parties not being ready.
Henry Tildesly, William Goodman, Nicholas Baker, John Grove, William Heysham, and Thomas Ward, paid for drawbacks on Madera wine turned sowre within three months after landing. Edward Lascelles, Joseph Hole, Edward Cordwent, Edward Parsons, paid for drawbacks on wine turned sour or re-shipped within a year and a day. [C.O. 31, 6. pp. 406–410.]
April 15.344. Journal of Council of Trade and Plantations. Letter from Mr. Burchet, April 11, read.
Letter to Mr. Penn signed.
Letter from Sir Wm. Beeston, Jan. 7, read.
Order of Council, March 20, read.
Order of Council, April 3, upon Mr. Skene's petition read, and thereupon ordered that Mr. Fullerton, or any other friend of his that concern themselves to obtain the effect of that petition, have notice to attend the Board with what they may have to offer thereupon.
Mr. Attwood and Mr. Broughton took leave of the Board, being just upon their departure for New York.
Letters from Col. Codrington, Jan 11, 14, 15 and 17, were laid before the Board, and the copy of his proceedings in the Council of St. Christopher's against Capt. Norton, read.