America and West Indies
April 1701, 22-25

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Institute of Historical Research

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Cecil Headlam (editor)

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1910

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170-176

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'America and West Indies: April 1701, 22-25', Calendar of State Papers Colonial, America and West Indies, Volume 19: 1701 (1910), pp. 170-176. URL: http://british-history.ac.uk/report.aspx?compid=71544 Date accessed: 26 November 2014.


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Contents

April 1701

April 22.358. Minutes of Council of New York. Present:—Abraham Depeyster, presiding, Samuel Staats, Robert Walters, Thos. Weaver. Ordered that the Clerk prepare letters for the Governors of Pennsylvania, East and West Jersey and Connecticutt, informing them of the number of soldiers deserted since the death of Lord Bellomont, and of the care used by the Council to hinder the same, of the backwardness of the officers of their Governments in the aiding persons sent from this Government to pursue the deserters, and of the inhabitants concealing and employing them, and desiring the said Governors to issue a proclamation strictly forbidding them under a severe penalty so to do, and requiring the officers and inhabitants to seize and secure them, and to be aiding and assisting to such persons who shall from time to time be sent after them, and for an encouragement, such person who shall seize and secure any deserter and bring them to H.M. garrisons of New York or Albany, shall have and receive as a reward 40s., to be immediately paid out of the Treasury, together with all such costs and charges as shall be expended by them in their so doing. [C.O. 5, 1184. pp. 513–517.]
April 22.359. Minutes of Council of Virginia. Mary Ann Dowton of Elizabeth City Parish, Spinster, convicted of felony, April 18, upon her humble contrition, was pardoned. [C.O. 5, 1409. p. 79.]
April 23.
Whitehall.
360. Report of the Council of Trade and Plantations, in obedience to the Order of the House of Commons, April 2, relating to Trade and the Courts of Justice. A recapitulation of affairs and proposals already abstracted in this and preceding volumes. Signed, Stamford, Lexington, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Abr. Hill, Mat. Prior. [Board of Trade. Plantations General, 35. pp. 424–452.]
April 23.
Boston.
361. Isaac Addington to William Popple. I acknowledge the favour of yours of Nov. 8 past, and enclose Minutes of Council, and 4 Acts passed at a sessions begun Feb. 12 last. The Lieut.-Governor has written concerning the present state of this Province, particularly of the death of our late Governor, and our great unhappiness in being deprived of him who made all things easy by his prudent conduct. Signed, Isa. Addington. Endorsed, Recd. 19. Laid before the Board June 25, 1701. 1½ pp. Annexed,
361. i. Memorandum of Minutes of Council of the Massachusetts Bay, July 22–Dec. 19, 1700. ¼ p. [C.O. 5, 862. Nos. 47, 47. i.; and 5, 909. pp. 431–433.]
April 23.
Whitehall.
362. Council of Trade and Plantations to Mr. Secretary Vernon. Whereas H.M. is about sending over a Capt. and two Lieutenants together with forty soldiers to Newfoundland in addition to the Company already there, we desire you to offer to H.M. our humble opinion that the said Capt. and Lieutenants be strictly charged not to exercise any authority amongst the inhabitants; not to intermeddle either for money or favour in preserving stages for any of the fishing ships that resort thither, to the prejudice of others, not to employ fishing boats on their own accounts; and in general neither to do nor encourage the doing anything contrary to the late Act of Parliament "to encourage the trade of Newfoundland." Signed, Ph. Meadows, Jno. Pollexfen, Wm. Blathwayt, Abr. Hill, Mat. Prior. P.S.—This requires a speedy dispatch, by reason the ships are going away. [C.O. 195, 2. pp. 439, 440.]
April 23.363. Journal of Council of Trade and Plantations. Answer to the Order of the House of Commons, April 2, signed and delivered to Mr. Prior to be by him presented.
Letter to Mr. Secretary Vernon signed and sent.
April 24.Memorial from Mr. Thurston read, and directions given to the Secretary to write to Mr. Pulteney accordingly.
Representation upon the Order in Council, March 20, relating to Mr. Allen's petition, signed and sent to the Council Board.
April 25.Letter from the Governor and Colony of Connecticut, dated Oct. 14 last, read.
Order of Council, April 10, read.
Draught of a letter to Lord Bellomont agreed upon.
Ordered that as occasion offers of writing to the Governors of Plantations they be each of them directed to take an oath (as Heads of the respective Courts of Chancery) to do equal justice in the causes that shal come before them in those Courts, and to administer the same oath to all the members of the said Courts.
Directions given for preparing a representation upon the subject of presents made to the Governors by Assemblies.
Mr. Wharton, the Sollicitor, desiring their Lordships to report upon the Order of Council, Dec. 5, relating to Mr. Hallam's petition, ordered that the Secretary write to Mr. Attorney and Sollicitor General, for an answer to what writ them Dec. 18, and that Mr. Wharton have notice thereof, that he may, if he think fit, attend them for it. Ordered also that he be shown that part of the report to the House of Commons, April 23, which relates to that case. [Board of Trade. Journal, 14. pp. 3–7; and 98. Nos. 73–75.]
April 24.
Kensington.
364. Order of King in Council, referring to the Council of Trade and Plantations the petition of William Partridge. Signed, Edward Southwell. Endorsed, Recd. Read April 29, 1701. ½ p. Enclosed,
364. i. Petition of Lieut.-Governor William Partridge, praying for leave of absence from his Government of New Hampshire for some short time in order to the settling his affairs. Signed, Wm. Partridge. Copy. ¾ p. [C.O. 5, 862. Nos. 48, 48.i.; and 5, 909. pp. 401, 403.]
April 24.
Whitehall.
365. Council of Trade and Plantations to the King. In obedience to your Majesty's Order in Council, March 20, referring to us the petition of Samuel Allen, we humbly report that the Lords Chief Justices did in 1677 report upon the case of Robert Mason, whose interest is vested in the Petitioner, that they did think it improper to judge of any title of land in the Plantations without hearing the Tertenants or some other persons on their behalf, and that if there were any Courts of Justice upon the place, having jurisdiction, they esteemed it most proper to direct the parties to have recourse thither for the decision of any question of property, untill it shall appear that there is just cause of complaint against the Courts of Justice there for injustice or grievance. (Cal. A. & W.I., 1677. No. 342.) And we do now find that Allen has brought his plea in the Court of Justice there against Waldron, one of the Tertenants, and a verdict having been given against the Petitioner, who by that suit did endeavour to try the title to the whole Province, and he conceiving he has a just cause of complaint upon that decision, we humbly offer that, according to the opinion of the said Lords Chief Justices, an Appeal does lye before your Majesty in Council for the injustice complained of; the title of the whole Province being concerned, tho' the issue upon the ejectment be under the value of 300l. Signed, Stamford. Lexington, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Abr. Hill, Mat. Prior. [C.O. 5, 909. pp. 399–401.]
April 24.
Kensington.
366. Order of King in Council, that Samuel Allen (see preceding) be admitted to appeal, on giving security to prosecute his appeal the first Council Day in December, and to abide by H.M. determination in Council therein. Authentick Copies of all proceedings in the Superior Court of New Hampshire in Petitioner's case ordered to be transmitted to the Board under the Seal of New Hampshire. Signed, Edward Southwell. Endorsed, Recd. Read April 30, 1701. 1¼ pp. [C.O. 5, 862. No. 53; and 5, 909. pp. 404, 405.]
[? April 24.]367. Memorial from Mr. Thurston. The Council of Trade and Plantations are most humbly desired to take into their consideration the bedding necessary for the 37 additional men of the Company at Newfoundland, with kettles, platters and canns, that the Officers of the Ordnance may have notice to provide the same, so as to be ready to be sent away with the next ships, which will be about 14 days hence. Endorsed, Recd. Read April 24. 1701. ¼ p. No signature or date. [C.O. 194, 2. No. 40; and 195, 2. p. 440.]
April 24.
Whitehall.
368. William Popple to John Pulteney. The Council of Trade and Plantations desire you to acquaint the Rt. Hon. the Earl of Romney or the Board of Ordnance that a Capt. and 37 additional soldiers being to be sent to Newfoundland, it will be necessary that bedding, kettles, platters and cans be sent thither for them, by the ships that will be ready to sail about 10 days hence, as were allowed for the men that are already there. [C.O. 195, 2. p. 441.]
April 24.369. Minutes of Council of Virginia. Geo. Luke, Edward Hill, and Henry Scarburgh, Collectors, made oath to their accounts.
April 25.Mr. Harrison's opinion upon Mr. Bland's proposals (April 19) was read.
Petition of John Waugh junr., and Edward Mountjoy, of the County of Stafford, setting forth that several persons in the aforesaid County have, for some years past, to the great oppression of the rest of the inhabitants, and in contempt of the Law, concealed several titheables to them belonging, and referring to the Orders of Council passed to prevent this, was read. Ordered that some persons be with all expedition sent with an express to the Sheriff requiring him forthwith to return to the Clerk of the County the several lists of tithables and untithables, 1700, and commanding the Clerk of the County Court forthwith to return the same together with an account of the County, debitor and creditor, in 1700, as by former Orders of Council they have been required.
Ordered that a copy of H.M. letter, Dec. 30, 1700, for the encouragement of William and Mary College, be sent into each Countie, to be read in all Courts, Churches, Chappels and other public places.
The following clause of a letter from Sr. Wm. Penn, Philadelphia, Dec. 31, 1700, referred with Sober's affidavit and Col. Quary's letter, Dec. 27, 1700, to Mr. Harrison for his opinion: "I am now to fall upon a much more unpleasant subject, and yt is Parson Portlock's being Bradenham the Pyrate's trustee. I was jealous of Charles Sober being once his landlord, and of Dr. Hall being his fellow doctor on board the Samll., and an old acquaintance. I sent for both examined them; they both denied they knew anything of his gold, for his silver I sent home with him, without a penny deducted for charges, save 5 or 6 pieces of eight for his weekly allowance, refusing any more, being assured he had gold, I refer ye to Sober's affidavit, which is more express. In ye meane time, ye parson is gone for Virginia or Maryland (he told me to be Minister at St. Maries) with 624 pieces of Arabian gold at least, so many he received, as ye copy of his bond I enclose will inform thee now to prophane his character by being ye repository of a pirate, and at ye same time that he would reproach us in his pulpit for not pursuing pirates to death and the insecurity of it, and encouragement it gave them, he was actually possessed of the treasure of one of the most considerable ones now dead, and two more of the Company, and this reason Dr. Sober gave for concealing Bradenham's bond (or Portlock's rather to Bradenham) yt he was not convicted, and till then not criminall, which is also the opinion of some lawyers of his own persuasion, and of ye vestry too, though I confess I am not of that opinion, however Sober has a good reputation and not abundance of forecast, and for reason suspend all aggravations."
H.E. laid before ye Council a letter from the Governor of Maryland, April 4, 1701, intimating that he and Col. Quary thought it proper to send Capt. Code to cruise in Delaware Bay in ye time of ye worm, which they thought might do H.M. signal. service in discovering and detecting illegal traders, and to prevent ye proceedings of several, who it is thought have now imbarqued themselves in an illegal trade, and have already laid their designs for carrying the same, and desiring his Excellency's advice thereupon. H.E. and his Council highly approved.
H.E. and Council appointed Sheriffs, as follows:—
Counties.Sherriffs.
HenricoJohn Worsham.
Charles CityMicajah Lowe.
SurryThomas Holt.
Isle of WightJohn Pill.
NansemondRichd. Awburn.
Princess AnnAdam Thorowgood.
NorfolkTho. Willoughby.
Eliz. CityColeman Brough.
WarwickMiles Wills.
YorkDanl. Taylor.
James CityTho. Mountfort.
New KentJohn King.
King and QueenJohn Waller.
GloucesterJohn Gwin.
MiddlesexMatt. Kemp.
EssexJohn Taliafero.
RichmondJohn Tapley.
LancasterAlex. Swann.
Northumberland(Blank).
WestmorlandCharles Ashton.
StaffordJohn Waugh, junr.
AccomackJohn Watts.
NorthamptonLittleton Robins.
It being thought very necessary that H.M. Attorney General and Clerk of the Council should have their residences at the City of Williams Burgh, in respect of being in readiness to attend the Council upon all occasions, and this Board considering their salaries so small that none of any quality and capable of performing those offices will be drawn for so small a reward to quit their other habitations, proposed that their yearly salary be 100l. sterling each, and that the Hon. Edmd. Jenings do draw up a representation of the case with reasons for the augmentation.
Ordered that Mr. Benja. Harrison put such matters in prosecution as are delayed by the death of Barth. Fowler, late Attorney General; also that he prosecute John Waugh, of Stafford County, Clerk, and Peter Colliver of Northampton County, Clerk, for clandestine marriages in contempt of the laws.
Whereas a Proclamation of Dec. 20, 1699, enforcing and enjoyning the due observation of several penal laws and other matters therein contained, hath not had its desired effects, ordered that another proclamation be prepared to reinforce the same.
Several warrants for payments signed.
The matter relating to the apprehending of three condemned pirates, who made their escape to the Eastern shore, referred to a Committee. Payment to be made according to their decision.
On the petition of Hannah Laylor of Northampton County, widow, that her husband being under an extream melancholy most desperately and unfortunately made away with himself, upon which the Coroner seized the estate, which belonged to the said Joseph, for H.M. use, the forfeited estate was remitted to her as an object of the greatest charity.
Petition of Lucy Doran, widow, for allowance for transporting 169 French Refugees over Chickohominy River, referred to a Committee.
Capt. Passenger, having nothing further to offer, was dismist any further attendance at this time.
H.E. issued the following Commissions of the Peace:—
Accomack County, Southey Littleton.
Northampton County, Littleton Robins.
Isle of Wight County, John Pill.
Nansemond County, Richd. Awburn.
Richmond County, Wm. Tayloe, to be first in Commission.
Surry County, Saml. Thompson, and Edward Jackman.
James City County, Benja. Harrison, Hugh Norvell,
Dionisius Wright, John Gaddice, Henry Soane, junr.
Whereas there is about fifty or sixty acres adjoining to ye Lotts assigned in ye City of Williams Burgh for a house to be built on for ye residence of ye Governor, which land belongs to Henry Tyler, of the County of York, and he proposing to make sale thereof at the rate of 20s. per acre, ordered that it be laid out and surveyed by the surveyor of ye County, and a purchase thereof made to the use abovesaid.
William Wilson, Naval Officer of the lower district of James River, complaining that on May 5, 1700, Robert Bayley, Master of the Lyon of Bristol, did go out of this Colony laden with tobacco without clearing or paying duties, and praying that he may be called to answer ye same, it is the opinion of H.E. and Council, that no bond appearing, and Bayley offering to pay ye King's dues and port duties, there is no ground left for prosecution.
H.E. appointed Gawin Corbin to be Col. and Commander in Chief of all ye Militia horse and foot in ye County of Middlesex, and William Tayloe to be Col. and Commander in Chief of ye County of Richmond.
John Taylor praying to be discharged from attending as H.M. Advocate of ye Court of Admiralty, his want of health not permitting, Mr. Benja. Harrison appointed to officiate that place.
William Wilson's account, for 39l. 12s. expended on sick men belonging to H.M.S. Shoreham, paid.
Whereas it is found by experience that it is of very little use for ye service and defence of this H.M. Colony and Dominion for any to serve on foot, it was recommended to the consideration of the Committee appointed to revise the Laws, whether it is not most for H.M. service that ye Militia should be all horse and dragoons.
H.E. in Council signed several Patents, Probates and Administrations.
Proclamation ordered for a Day of Thanksgiving, June 5, in Williamsburgh, and June 19 in all other parts of the country, for the deliverance from "the late great and raging plague of caterpillars." [C.O. 5, 1409. pp. 79–90.]
April 25.370. Draught of a Bill for the establishment of Religious Worship in Maryland according to the Church of England, and for the maintenance of Ministers. Endorsed, Received from Doctor Bray. April 25, Read May 1, 1701. 37 pp. [C.O. 5, 715. No. 36.]
April 25.
Whitehall.
371. William Popple to Sir Thomas Trevor and Sir John Hawles. The Council of Trade and Plantations have commanded me to minde you of the letter I wrote to you by their order, Dec. 18 last, relating to appeals from Connecticut. [C.O. 5, 1289. p. 46.]