America and West Indies
September 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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532-539

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'America and West Indies: September 1701, 22-25', Calendar of State Papers Colonial, America and West Indies, Volume 19: 1701 (1910), pp. 532-539. URL: http://british-history.ac.uk/report.aspx?compid=71574 Date accessed: 23 October 2014.


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Contents

September 1701

Sept. 22.880. Minutes of Council of New York. Petition of Robt. Livingston read.
The Governor produced the Journal kept by Capt. John Bleeker and David Schuyler of their expedition to Onnondage, which was read and approved of.
Ordered that Gertrude, the widow and executrix of Col. Stephen Cortlandt, be at liberty to receive all such moneys as were outstanding at the time of the death of her husband for Customs due to H.M. by any Act of Assembly, any former order of Council, Proclamation, etc., to the contrary notwithstanding.
Petition of Mathias Mott read. Ordered that he produce a copy of the record mentioned in the petition, before any order be made thereon.
The High Sheriff of West Chester having returned to this Board that, in pursuance of an Order of 18th inst, he hath made diligent search after John and Thomas Hunt, and is credibly informed that they have fled on purpose to avoyd being taken by the said High Sheriff, ordered that the Attorney General draw a Proclamation for the more effectual seizing them if found or heard of in any part of this Province, that they may be prosecuted according to law. That it be inserted in the Proclamation that the neighbouring Colonies be desired to assist in the premisses.
Ordered that John Hunt be displaced from his office of J.P. [C.O. 5, 1184. pp. 590, 591.]
Sept. 22.881. Minutes of Council in Assembly of New York. Bills for incouraging the City of New York; repealing the Act for defraying the public charge; appointing a more effectual means for the same; enforcing owners of unimproved lands to pay quit-rents; for the more regular proceeding in Elections; for mending roads in Ulster; for allowance to the Representatives; and for destroying wolves, were read a second time and committed.
Act to oblige Robert Livingston to account according to the purport of the Act for enabling Commissioners to state the public accounts, sent up and read a first time. [C.O. 5, 1184. pp. 878, 879.]
Sept. 22.882. Journal of House of Burgesses of Virginia. H.E. summoned the House to attend him and addressed them and gave them a paper of propositions, together with a list of the Militia, a list of every fifth man, lately returned by H.E.'s Order, and an account of arms and ammunition in each county. H.E. after thanking them for their good opinion of him, recommended them to raise moneys for the buying of arms and ammunition, to be lodged in the most convenient places on the frontier, and not to be made use of but upon an invasion or insurrection. For every 1,500l. they should raise, he promised to give 100l., and to lend them 700l. or 800l. without interest if they could not raise it speedily, for after the men-of-war sailed there would be little opportunity of sending thither till the spring. "We hear from England, perticularly by Capt. James Moody, 'tis probable that before this H.M. hath declared war against France and Spain, and then 'tis very probable we may be attacked by them, chiefly by the French, both upon our sea and land frontiers. I hope in God you believe that what I now speak to you cannot be for my own private advantage or that I am over positive in my owne opinion. I look upon myself obliged in duty both to God, His Majesty and the inhabitants of this country to venture my life and fortune in the defence of our most holy religion, and H.M. interest and service, more especially in this H.M. most antient and great Colony and Dominion of Virginia, and for the safety, welfare and prosperity thereof in general (for which I have such an exceeding great love and affection) and for the natives thereof in particular, but principally for one of them."
H.E. proposed that the pay of soldiers, whom he was impowered to levy on emergency, be ascertained by a Law. He found the Militia in part not armed or equipped for war, neither their guns nor swords fit for action, "and if this country be invaded by 1,000 French, I am afraid I shall not be able to raise a like number to attack them with a suitable reserve well provided with arms and ammunition proper for such an occasion to be ready to march against them in less than 12 or 14 days. In which time it is to be feared they will do considerable damage and perhaps enfort or entrench themselves. And before I can raise these men to oppose them, I must be forced to have all the Militia of the adjacent counties meet together to draw out those men to march against them. And to render it yet more difficult, by the fourth Act of Assembly, 1684, it is provided that no man's arms or ammunition be impressed from him, by which means, if I want to detach 100 men, if they are not completely armed themselves, I am disabled from arming them from among the rest. And therefore, in order to the making of that power and trust you have to me given more effectual, I propose that a clause be added appointing some proper way to buy up whatsoever arms and ammunition is at present in the hands of the merchants, and that a muster-master be appointed in each neck to exercise the men and see that their arms be well fixed and themselves furnished with ammunition, and thereof to me to render an account from time to time. Also that in the same Law I may be impowered to advise in Council to impress all such arms and ammunition as I shall have occasion to make use of, and that shall at those times be found in the country, to be paid for by the public, and after the service is over for which they were impressed shall, if then in being and not seized by the enimye, be put into some Magazine for the country's service.
Sept. 23.Resolved that an Address of Thanks be made to H.E. for the great zeal he has expressed for the prosperity and defence of this Dominion.
Resolved that it is the opinion of this House that sufficient arms and ammunition may be had within this Country for the defence thereof, and therefore not necessary to raise a fund for providing a publick stock of arms and ammunition.
Bill ordered to be prepared for ascertaining the soldiers' pay, which may happen to be raised for the defence of the country before the next session of Assembly, with a clause that horses actually killed and arms actually lost and spoilt in the service of war shall be paid for by the country, and a clause that the Laws relating to the Militia be put into due execution.
Resolved that H.E.'s proposal for buying arms, etc. at present in the hands of the merchants will be answered by a liberty to impress arms upon extraordinary occasions.
Resolved, that it is not necessary that the country should be at the charge of muster-masters, but that it is the duty of the Militia officers to exercise their troops, and to take care that they be provided with arms and render an account to H.E. from time to time.
Resolved, that H.E. be impowered with the advice of the Council upon any alarm, surprise, insurrection or invasion to cause arms or ammunition to be impressed for the defence of the country, having due regard to the frontiers both by sea and land.
Resolved, that the owner of arms so impressed, when the expedition is over, shall have his choice to take his arms again or to be paid for them by the public after the rate of 35 per cent upon the first cost.
Sept. 24.Address of thanks to H.E. read and passed. (Given at length.) The House attended upon H.E. and presented their Address.
Bill for levying and arming an effectual force in time of danger read a first, second and third time, passed and sent up.
Bill continuing Impositions was sent down passed.
Bill giving further directions in building the Capitol, etc. sent down with amendments, which were agreed to and sent up.
Bill for quieting the possessions of several persons sent down passed.
Resolve for paying proprietors of land in the City of Williamsburgh passed.
Conference upon the Addresses to H.M. ordered. The House decided to abide by their decision that the Address concerning an Agent should contain all necessary clauses.
Petitions of Henry Forty and Jonathan Gladman, for a special permit to sail in spite of the embargo, rejected.
Clause of a letter from Governor Blackiston to H.E. sent down, was read:—"I should be glad to hear [your Assembly] give a ready compliance to the paying the money H.M. has required for New York, for if it should not be done in Virginia, I doubt it will make our Assembly here boggle, for they are glad to take hold of any example, when it is to save their money." [C.O. 5, 1408. pp. 275–291.]
Sept. 22.883. Minutes of Council in Assembly of Virginia. See preceding abstract.
Sept. 23.Bill for giving further directions in building the Capitol read the second time and committed for amendments.
Bill for continuing impositions read a second time.
Bill for quieting possessions, etc. passed.
Sept. 24.See preceding abstract. The Assembly presented their Address and H.E. replied, stating that if the country were invaded, he would fight at their head.
Bill for continuing impositions read a third time, passed and sent down.
Bill for building the Capitol read a third time with amendments, passed, and sent down.
Bill for quieting possessions, etc. sent down.
Bill for levying an armed force, sent up, was read a first time. [C.O. 5, 1409. pp. 503–513; and pp. 407–413.]
[? Sept. 23.]884. Copy of the Duke of York's Confirmation of the soil and grant of the Government of West New Jersey in America to Edward Byllinge, his heirs and assigns. Aug. 6, 1680. 17 pp. [C.O. 5, 1261. No. 23; and 5, 1289. pp. 219–238.]
Sept. 23.885. Journal of Council of Trade and Plantations. Paper from Mr. Hodges read. Ordered that he be acquainted, that if he have any other informations to give the Board relating to his complaints, either by witness or otherwise, the Board will be ready at any time to receive them, and that if he finds himself agrieved for want of an appeal from the decree in Barbadoes, the proper way will be by petition to H.M. or the Lords Justices in Council; and in the meanwhile, their Lordships resolved to send a copy of Mr. Hodges' reply to the Governor of Barbadoes for his answer.
Copy ordered to be made and kept of the Duke of York's confirmation of the grant of the Government of West New Jersey to Edward Bylling, his heirs and assigns, Aug. 6, 1680, which was communicated by Mr. Richier.
Sept. 24.Sir Edmund Andros attending, said that all the grants for the northern Colonies having been made before the countries were well known, the boundaries of many of them expressed in the said grants do so interfere with each other that no certainty can be drawn from thence, but that he remembers well, that whilst he was in those parts, the same controversy being then on foot, there was no positive determination made upon their pretended rights, but the care of the Narraganset Country was per interim left to the Colony of Rhode Island, and he thinks that all the towns in the Narraganset, except perhaps one called Stonington, have ever owned Rhode Island.
Their Lordships entered again upon the consideration of the business of the Jersies and made a further progress therein. [Board of Trade. Journal, 14. pp. 162–165.]
Sept. 23.886. Journal of Assembly of New York. The Committee gave in their Reasons for prosecuting Tho. Willet, John Tollman and William Willet, which were read and approved of. (These members objected to the choice of Abraham Gouverneur as Speaker, on the ground that he was an alien.)
Petition of Jacob Leysler read and ordered to lie before the House.
An Act for quieting, settling and confirming the rights and possessions of Thomas Laurence, Will. Lawrence, Robert Burges, Bragron Bragar, Hendrick Marrinson, George van Acts, John Lawrence, Andrew van Acts, Johannes van Acts, John Pearsall and other antient Freeholders and inhabitants of a tract of land, Helgare Neck within the bounds of New Town on Long Island, now called the Island of Nassau, and vacating all under Patents clandestinely obtained of any of the said lands against any the just rights of the said free-holders and other inhabitants of New Town, read the first time.
Act, for granting an additional Duty to H.M., read the second time and committed.
Sept. 24.The House met and adjourned.
Sept. 25.Letter from the High Sheriff of Albany read, acquainting the House that he had served the summons on Johannis Cuyler, who would write to the Speaker.
Conference with the Council, to meet at Gabriel Thompson's at the White Lyon, appointed. Printed. [C.O. 5, 1184. pp. 1019, 1020.]
Sept. 24.
New York.
887. Lieut.-Governor Nanfan to the Council of Trade and Plantations. This sloop in her way for Holland touching at Cowes makes me not omit paying my duty to your Lordships, altho' at present I have not much to offer. Refers to letter of Aug. 20.
Our Indians are in perfect union with us, and [I] question not in the least to continue them so, so long as H.M. shall please to honour me with being imployed in this station. Our Assembly are yet sitting, but the next week I believe I shall prorogue them. There has been some jangling between the two parties, but for myself I neither directly nor indirectly engaged my[self] with either. I shall as soon as the Journal of the House is printed transmit it to your Lordships, and then you will be best able to judge which of them have been in the wrong. I have gained my point for H.M. service, an additional duty for two years to defray the charge of the Government. When it's brought up, I shall not be long a-dispatching it, and for what other bills I shall pass, shall be puerly for the welfare and peace of this Province. I saw an odd passage in a letter from Boston of the 15th inst. from one David Jefferies to Col. D'peyster of H.M. Council here, to the effect that Mr. Champante had protested a Bill of Exchange, "there being a new Governor made for New York, and no Agent as yet fixed." This, if truth, will be of the most fatal consequence to H.M. service that can be, for should that bill come protested, we shall never have any more credit for moneys on our bills, and the soldiers, who have these twelve months been paid with ready-money weekly their full pay, will never be satisfied with any other way of payment (I mean by victualling, nor do I know any that will undertake that), but will infallibly desert, or prove very irregular; besides, all bills hetherto drawn, or that I may yet draw for their subsistance, should they be protested, my owne fortune will be obliged to make them good, which will be my utter ruin, therefore I most humbly recommend this weighty matter to your Lordships' great wisdome, not doubting but your Lordships has found some expedient for the rectifying all mistakes hetherto, and for preventing all may happen for the future. I have taken what care I can to provide materials for the two Forts of Albany and Schenectedah, by directing every sloop goes up the river to carry stones, and have sent up an engine to slack lime, but shall be able to doe little this winter, for want of Col. Romer, whom as yet I have not been able to procure from Boston. I am of opinion he fears being sent to Onandage, tho' would he come this, or the beginning of next month, I should not think it a fateague myself to go thether with him, that I might be able to give your Lordships a more particular account. I have directed Albany and Schenectedah to be repaired with stoccadoes, and put into as good a posture of defence as we can, to prevent any accident that may happen this winter. By a good ship will sail hence in 5 or 6 days for London, I will send duplicates of my last packett, with what else may be necessary for your information. Signed, John Nanfan. Endorsed, Recd. 14th. Read Nov. 28, 1701. 4 pp. [C.O. 5, 1047. No. 1; and 5, 1119. pp. 1–4.]
Sept. 25.
Whitehall.
888. Order of Lords Justices in Council. The blank left in Lord Cornbury's Commission, for his salary, is to be filled up with the words six hundred pounds sterling. Draught of Instructions approved and ordered to be prepared for their Excellencies' signature. Signed, John Povey. Endorsed, Recd. Sept. 30, 1701. 1 p. [C.O. 5, 1046. No. 38; and 5, 1118. pp. 411, 412.]
Sept. 25.889. Minutes of Council of the Massachusetts Bay. Upon the suggestion of Capt. Crowe, H.M.S. Arundel, ordered that he stay for fourteen days in order to convoy the ships bound for England.
Capt. Henry Crofts, H.M.S. Gosport, ordered to make a 12 days cruise as before.
Capt. Southack, H.M.S. Province gally, ordered to cause the ship to be haled in upon the flats where she may float every tide, and discharge the master and six of the company, no present service offering for her.
Elizabeth Riley paid 30s., in consideration of her son Nicholas Wallinford serving H.M. as a soldier about 3 years since.
31l. 10s. remitted to Samuel Wakefield and John Wilson, Farmers of Excise, 1698.
Sums paid to Benjamin Eliott etc. on account of books purchased to contain the public Records.
Several letters etc. from the Council of Trade and Plantations read. H.M. Proclamation, March 6, 1701, relating to pirates, ordered to be published.
Memorial presented by Col. Romer, referring to the Fortification now in making on Castle Island, read. Committee appointed to visit the Castle to-morrow, and to confer with Col. Romer.
Sept. 26.Capt. Crofts, representing that the Gosport needs some repairs, ordered to remove her within side Long Island for that purpose and then to proceed on his cruise. [C.O. 5, 788. pp. 93–96.]
Sept. 25.890. Minutes of Council of New York. Case of Creed v. Whitbread deferred. [C.O. 5, 1184. pp. 591, 592.]
Sept. 25.891. Minutes of Council in Assembly of New York. Amendments to Bills committed Sept. 22 sent down.
Joint Committee appointed to confer about the method and means of putting the frontier garrisons into a posture of defence this winter. [C.O. 5, 1184. pp. 879, 880.]
Sept. 25.892. Journal of Council of Trade and Plantations. Orders of Council, Sept. 16, upon the Acts of Nevis, read.
Sept. 26.Memorial from Mr. Jory read. Thereupon ordered that he be desired to send hither any of the masters in whose ships any of the disbanded soldiers are returned home from Nevis.
Petition of John Wake etc. read. Recommended to obtain Capt. Bond's affidavit.
Affairs of the Jersies further considered. [Board of Trade. Journal, 14. pp. 165–167.]
Sept. 25.893. Journal of House of Burgesses of Virginia. Resolved, upon consideration of H.E.'s message, that a Naval Force is the best way to secure this country from an enemy by water, and the charge of maintaining it will be altogether insupportable to this country.
Resolved, that it is not convenient at this time to address H.M. concerning the matters contained in H.E.'s fifth proposition.