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| July. 6. |
621. Minutes of Council of Virginia. Capt. Nevill wrote on this date from Linhaven Bay, reporting his return from convoying the fleet. [C.O. 5, 1409. p. 133A.] |
July. 7.
Jamaica. |
622. Governor Sir William Beeston to the Council of Trade and Plantations. Refers to letter of May 30. I now transmit the Naval Officer's account of exportation, Sept., 1698–Dec., 1699. I have not yet received the account of the Stores from the Officers, but as soon as I do, they shall be transmitted, nor have I since my last received any from your Lordships to give any further answer to. The Regiment of Foot H.M has been pleased to send hither for the assistance to the Island are very well arrived, and pleased with the country and their quarters, and the Island continues in very good health, which I hope will be happy to them as well as the inhabitants. We have rumours of warrs from all parts, but no certainty yet, if it come we must do the best wee can to defend ourselves, and wee all believe a squadron of ships to meet the enemy at sea before they make any descent would spoyle their landing, at least soe disable them that we should have noe great doubt of beating them off. The Assembly has been sitting ever since June 24. At their meeting I proposed only the quartering of the souldiers, and the raising again the Act for the additional duty on wines imported and negroes exported, which expires the 17th inst., but hitherto they have done nothing but stir'ed up disputes to no end but raising animosities and differences, and I am not yet certain if they will do anything
or not, there having been great industry used in the Election of such which, as they call it, are against perpetuity. I believe they may passe an Act for quartering the souldiers, but doe heare they intend not the other, without adding to it a repealing clause of that Act for the perpetual revenue made in the Duke of Albermarle's Government; but how it should enter into their thought yt. I could be persuaded, or the Council either, to give consent to it, I cannot guesse. The prospect of a war upon us will not admit the keeping of them together, being most of them Officers in the Militia; therefore I expect no good from men who meet with prejudiced minds. What more they do, your Lordships shall have particulars from, etc. Signed, Wm. Beeston. P.S.—The soldiers begin this last weeke to drop of, about 9 being lost. Endorsed, Recd. 6th, Read Oct. 8, 1701. Holograph. 1 p. Annexed, |
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622. i. Abstract of preceding. ½ p. |
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622. ii. Memorandum of Naval Officer's List of Ships cleared from Jamaica, Sept. 7, 1698–Dec. 12, 1699. Slip. [C.O. 137, 5. Nos. 52, 52.i., ii.; and (without enclosures 138, 10. pp. 293, 294.] |
July 7.
Boston. |
623. Isaac Addington to William Popple. Refers to death of Lord Bellomont and "the languishing state of our Lieut.-Governor." He being now brought almost to the Gates of Death and his life dispaired of, I hold myself bound in duty to transmit the accompt thereof to the Lords Commissioners for Trade. We have been in long expectation of news from England, and to know the result of H.M. Councils as to peace or war, and are at work in fortifying of Castle Island. The Province is in present quiet. Signed, Isaac Addington. Endorsed, Recd. 22, Read Aug. 26, 1701. 2 pp. [C.O. 5, 862. No. 65; and 5, 909. pp. 465–467.] |
July 18/7.
Rio
Essequebo,
Fort
Kijkoveral. |
624. Samuel Beeckman to the Lords Directors of the Dutch West India Company at the Chamber of Zeeland. Report upon the business affairs of the Colony. Signed, Samuel Beeckman. Endorsed, Read Oct. 1 (N.S.), 1701. 10 pp. Dutch. Enclosed, |
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624. i. List of Enclosures and of Bills of Exchange for slaves. 1 p. Dutch. |
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624. ii. Samuel Beeckman to the Dutch West India Company. Fort Kijkoveral, July 27/16, 1701. Signed, Samuel Beeckman. Dutch. 1 p. Addressed and sealed. |
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624. iii. Copy of List of goods needed for the Colony Rio Essequebo. Dutch. 5 pp. |
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624. iv. Commercial regulations issued by the Commandant and Council, Fort Kijkoveral, July 5 (N.S.), 1701. (Translated British Guiana and Venezuela Boundary Arbitration. "Venezuela, No. 3, 1896." p. 69.) Dutch. 4½ pp. |
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624. v. Copy of Resolutions, passed July 4 (N.S.), 1701. Dutch. 2½ pp. |
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624. vi. List of Medical Stores delivered to Christoffel de Vos, Surgeon. Dutch. 3 pp. |
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624. vii. Invoice of Cargo shipped to the Company by Commander Beeckman. Dutch. 1 p. [C.O. 116, 19. Nos. 7, 7. i.–vii.] |
| July 8. |
625. Tho. Hodges to the Council of Trade and Plantations. Whereas by an Order in Council, April 30th last, in the case of James Cowse and Elizabeth his wife, it appears that Instructions to Governors of Barbados are to have the force of Laws, particularly in the case of Appeals, which they are to allow only where liberty of Appeal is demanded within fourteen days after sentence, and since it is of great importance to all persons interested in the said Island to know the rules and laws by which they are to be governed, being thus interested, I humbly desire I may at convenient times have liberty to peruse the Laws of that Island and the Commissions and Instructions to this and the several preceding Governors, which are lodged in the Plantation Office. The knowledge of former Commissions and Instructions is absolutely necessary in many cases for such as have suites depending in that Island. Your Lordships having, about eight months since, on my request, sent to the Governor and Council of that Island for the Journals of their Courts, by which ye truth of the complaints depending may best appear, I hope you will please to give me liberty to peruse such account as they have sent of those proceedings, in order to set that matter in a true light. Signed, Tho. Hodges. Endorsed, Recd. Read July 8, 1701. 1 p. [C.O. 28, 6. No. 8.] |
July 8.
Whitehall. |
626. Council of Trade and Plantations to the Lords Commissioners of the Treasury. Explaining the account of the incidental charges of the office, rendered Jan. 17, and adding the accounts of Mr. Churchill, the Stationer, and Mr. Short, the Post Officer. Total, due apart from salaries, 621l. 2s. 11d. Signed, Stamford, Ph. Meadows, Abr. Hill, Mat. Prior. [Board of Trade. Miscellanies, 11. pp. 116–119.] |
| July 8. |
627. Journal of Council of Trade and Plantations. Letter to the Treasury, relating to the Incidents and salaries of this office, signed and sent. |
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Mr. Hodges presented a Memorial desiring leave to peruse the Laws of Barbados, the Commissions and Instructions to all the Governors of that Island, and the Journals of their Courts that have been lately received. He was told that the King's Instructions to Governors are private Rules, which are not to be communicated even to the respective Councils but upon particular occasions, and not to be exposed to public view, yet nevertheless if he desired to be informed concerning any particular Instruction, their Lordships would consider of it; that
the Laws of that Island are passed and promulgated there, but being transmitted hither for the King's approbation, if he desire to see any particular Law lying in this office, he should have the perusal of it; that the papers lately received from thence have not been transmitted in pursuance of any order made upon his petition, but upon directions given formerly upon other occasions; yet nevertheless their Lordships are willing to gratifie him with the sight of the proceedings of the several Courts of Common Pleas in that Island and with the papers relating to the Chancery. |
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Upon his desire also to be informed of anything that may have been received from thence, relating to Mr. Loder, ordered that such part of the Governor's and Council's Letters and enclosed papers, as relate thereunto, be communicated to him. |
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The Secretary signifying to the Board that Mr. Cowze (agent for Mr. Skene) had desired a copy of the letter lately writ to the Governor of Barbados relating to the Secretary's place of that Island, ordered that the same be given him. |
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Draught of a Representation to the Lords Justices, relating to merchant ships bearing H.M. Colours, with an inclosing letter to Mr. Vernon, approved and ordered to be transcribed. |
| July 9. |
Above letters signed. |
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Several letters and papers, from three of the Council, from Col. Smith, from Mr. Livingston and Capt. Nanfan, received yesterday from New York, were laid before the Board. The letters were read. [Board of Trade. Journal, 14. pp. 92–100; and (July 8 only) 98. No. 114.] |
July 9.
Boston. |
628. Isaac Addington to William Popple. In my letter of July 7 I advised you of the languishing state of our Lieut.-Governor. He expired the same night. Signed, Isaac Addington. Endorsed, Recd. 25th, Read Aug. 26, 1701. 1 p. [C.O. 5, 862. No. 66; and 5, 909. p. 468.] |
July 9.
Whitehall. |
629. Council of Trade and Plantations to Mr. Secretary Vernon. In answer to your letter of June 18, we inclose our Report upon the Memorial of the Admiralty relating to merchants' ships in the West Indies wearing H.M. colours, that you may please to order the same to be laid before their Excellencies the Lords Justices. Signed, Stamford, Phil. Meadows, Abr. Hill, Mat. Prior. Annexed, |
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629. i. Representation of Council of Trade and Plantations to the Lords Justices, referred to in preceding. All H.M. Governors of his Plantations in America having Vice-Admiralty Commissions, and being thereby empowered and by H.M. immediate Commission unto them further directed to constitute and appoint Captains, Masters of Ships and other Commanders at Sea, and accordingly to grant Commissions unto such Captains, Masters and Commanders, we humbly conceive it necessary for the security of ships sent out by them for H.M. service, as well as for the honour of H.M. Commission, that those ships be authorized to bear such colours as may distinguish them from ordinary merchants' ships and other common trading vessels. And whereas by their Majesties' Proclamation, July 12, 1694, several
directions are given for the colours of ships sailing with Commissions of Letters of Mart, and of those employed by the Commissioners of H.M. Navy, etc., whereby their colours may be distinguished from those borne by H.M. ships of war, we humbly offer that (no directions being given in that Proclamation for the colours of ships sailing with Commissions granted by the Governors of Plantations, such distinctions may be also appointed for the colours of ships sailing with those Commissions), as your Excellencies shall think proper, and that, together with such explanatory or additional orders, the said Governors be required according as is proposed by the Lords Commissioners of the Admiralty, to restrain all ordinary merchants' ships and other common trading vessels from wearing the colours born by H.M. ships of war, and in all other respects to conform themselves to what is particularly directed by the foresaid Proclamation. Signed, Stamford, Ph. Meadows, Abr. Hill, Mat. Prior. [Board of Trade. Plantations General, 36. pp. 4–7.] |
| July 9. |
630. Minutes of Council in Assembly of Jamaica. The House desired the writs and returns of a Member to serve for Kingston in the room of Thomas Clarke, junr., and for St. Ann's parish in the room of George Ivy, which was granted. |
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Lieut. Col. Whitgift Aylemer and Samuel Knight were sworn Members for St. John's and Kingston respectively. |
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H.E. and this Board being advised that yesterday a Resolution and Order of the Assembly was proclaimed by beat of drum about ye streets by Edward Batterton, Dept. Marshall of this precinct, he was summoned and asked how he durst proclaim anything without order or directions from H.E. He said Mr. Gay, Clerk of the Assembly, gave it to him and ordered to him to proclaim it, and that H.E. being then going to dinner, he could not conveniently acquaint him with it. Whereupon he was ordered to take down the paper and bring it to this Board, which he did, and the same was read, and ye Board was of opinion that for the matter of the Resolution, it was very commendable, but for the Order and Directions to the Justices and for the Proclamation of the paper, they were unanimously of opinion that it was contrary to Law and against the King's authority, and therefore it was ordered by this Board that the Provost Marshall should take the said Edward Batterton into custody till further order. |
| July 10. |
The House desired to know from H.E. whether Edward Batterton belonged to the Council, to which H.E. answered that he did. The House desired leave to send for him. H.E. answered that he was put into prison as a punishment for a misdemeanour against this Board, and he did not know anything they could have to do with him. |
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The Representatives attending, the Speaker read the following paper: "The Assembly being informed that on July 8 several of the soldiers were turned out of their quarters, and others
threatened to be served in the like manner, it was thereupon resolved that all soldiers lately quartered in this Island, shall be provided for by the people respectively on whom they are quartered, and that they shall provide for them convenient lodging and victuals and that the J.P.s in their respective precincts are required to acquaint this House if any shall presume to disobey this Resolution; and Ordered that the above Resolution should be publickly read and set up at St. Iago de la Vega, Port Royal, Kingston and halfeway Tree at Liguanea by the Marshall of each of ye precincts, and Ordered that the Speaker should sign the above Resolution and Order, which they conceived to be the best expedient in this juncture to prevent any ill usage to ye soldiers, till such time as a Law should be provided for that purpose, which was then under ye consideration of ye House. The House have resolved, nemine contradicente, that the pulling down the said Resolution and Order is a high affront to this House. And this House being informed that Edward Batterton, Messenger to the Council, has in contempt to this House pulled the said Resolution and Order from the place where it was set up and affixed for the information of H.M. subjects, therefore pray that he may not be protected by the priviledge of the Council, but answer the same to our House." To which the General replied that it should be considered of, and an answer returned in the morning. [C.O. 140, 6. pp. 375–378.] |
July 10.
Hackney. |
631. William Wallis, of London, to the Council of Trade and Plantations. Petitioner, being under contract for supplying H.M. Stores with Masts, Bowsprits, etc., about March, 1700, did lay before this Board a Memorial relating to the Masts growing in New England, and the great prejudice sustained for want of a proper Surveyor, that might preserve the same. He did then propose that Mr. Brenton, the present Surveyor, might allow his Deputy, Capt. Ichabod Plaisteed, a sufficient salary, which he then understood your Lordships had accordingly directed. Having since been at New England and finding the said Deputy is not paid his salary by Mr. Brenton, notwithstanding he hath been duly paid here, and that by reason thereof the Masts fit for H.M. service are much prejudiced, and that if due care be not taken therein, it will in a little time be impossible to supply H.M. Navy with such Masts as are required for the service, he therefore prays that the Surveyor be directed to pay his Deputy his salary and arrears. Signed, William Wallis. Endorsed, Recd. Read July 11, 1701. ¾ p. [C.O. 5, 862. No. 70; and 5, 909. pp. 452, 453.] |
July 10.
Boston. |
632. Council of the Massachusetts Bay to the Council of Trade and Plantations. Announcing the death of the Lieut.-Governor. The General Assembly were upon the consideration of H.M. letters, Jan. 19 and Feb. 2, but before passing their Address thereon were constrained by reason of the Lieut.-Governor's sickness to be adjourned to the 30th this month,
Signed, Wait Winthrop, John Philipps, Ja. Russell, John Hathorne, Elisha Hutchinson, Wm. Browne, Jonathan Corwin, John Foster, Peter Sergeant, Joseph Lynde, Daniel Peirce, Em. Hutchinson, Penn Townsend, John Appleton, Natha. Byfield, Benja. Browne, John Higginson, Isaac Addington. Endorsed, Recd. 20th, Read Aug. 21, 1701. 2 pp. [C.O. 5, 862. No. 67; and 5, 909. pp. 463–465.] |
July 10.
Boston. |
633. Council of the Massachusetts Bay to Mr. Secretary Vernon. Duplicate of preceding. Same signatures. Endorsed, R. Aug. 20, 1701. 2 pp. [C.O. 5, 862. No. 68.] |
| July 10. |
634. Duplicate of preceding. 2 pp. [C.O. 5, 862. No. 69.] |
July 10.
Boston. |
635. Minutes of Council of the Massachusetts Bay. The Hon. William Stoughton, Lieut.-Governor, being lately deceased, and there being no person within this Province commissionated by his Majesty to be Governor, resolved and ordered that a Proclamation be forthwith committed for the continuance of all Military Commission Officers until further order. This Proclamation was signed by the Members present and published. |
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Letters to the Rt. Hon. Mr. Secretary Vernon and the Lords Commissioners for Trade and Plantations, giving notice of the death of the Lieut.-Governor, were drawn up and signed by all the members of the Board present. |
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Ordered that Mr. John White, late Chaplain to the Garrison at Casco Bay, now in town, be dismist from that post, and that he supply the place of Mr. Remington, late Chaplain to ye Garrison at Saco, who is come away from thence by reason of illness. |
| July 11. |
For the more easy and ready dispatch of the affairs of ye Government, resolved that there be a Council held at the Council Chamber in Boston upon every Wednesday and each week weekly, to meet at ten o'clock in the morning, and that all the Members of the Council now absent be notified of the said stated time for the Council's sitting, that so they may afford their presence there for H.M. service without expecting further notice. |
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Ordered that there be forty pieces of Ordnance discharged at H.M. Castle upon Castle Island, twenty at the Fort in the town of Boston, and twenty on Board H.M.S. Province galley, for solemnizing the funeral of Lieut.-Governor William Stoughton upon Tuesday the 15th instant. |
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Ordered that the Secretary do sign and attest all certificates of affidavits made before this Board for the registering of ships and other vessels. |
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The following Order was drawn up and signed:—That Isaac Addington and one other of the Council be appointed to grant permits unto the Masters of such vessels and other vessels outward bound as have duely cleared at the offices whereat by Law they ought to clear, for their passing by the Castle, etc., etc. |
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Order directed to Capt. Josias Crowe, Commander of H.M.S. Arundel, for a cruise upon this coast for the better securing of Navigation by the space of 14 days from this date, signed. |
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Certificate of the approbation of the major part of the Justices and Selectmen of Boston, that Thomas Gold of said Town be permitted to erect an additional building of timber to the back end of his house, next the Common, read and licence granted accordingly. |
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Capt. John Wing similarly granted leave to build a leantoo on his land next adjoining to the west end of his house nigh unto Deacon Bridgeham's. |
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Stephen Minot granted leave to erect a timber building on his land lying near unto Roxbury Gate, within ye bounds of Boston. |
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Mary Peirse, widow, granted licence to erect a timber building upon her land at the north end of Boston between the land of Nathaniel Thomas and Capt. John Barnard. |
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John Dasset granted leave to erect a timber building adjoining to the southerly end of his dwelling house, situate in ye lane leading from Prison Lane to ye New Meeting-house. [C.O. 5, 788. pp. 65–69.] |
| July 10. |
636. Mr. Hodges to the Council of Trade and Plantations. Pursuant to the liberty your Lordships were pleased to give me, I humbly lay before you some reasons for altering that part of the usual Instructions to Governors of Barbados, concerning the allowance of Appeals to H.M. in Council from sentences in that Island, provided the sum appealed for exceed 500l., and that such appeal be made within a fortnight after sentence, and good security given by the Appellant to prosecute, etc. This short time is not by any law of that Island, but barely by virtue of the said Instructions, and is a very great hardship for the following reasons:—(1) Tho' there be limitted times appointed by several statutes for almost all other writts and actions, yet writts of errors, which are in the nature of appeals, were never limitted to any time, either by the common or statute Law of England, and if it be fit to appoint some certain time for them in the Plantations, yet to reduce them from an unlimited time to 14 days is too great an alteration. (2) It may happen by sickness and many other unavoidable accidents, that a person who is in the Island and has occasion to appeal, cannot attend to demand it within 14 days, and may not be able to give the security he is oblidged within that time, and yet by omission thereof he is to be forever debarred of any remedy, as that Instruction now stands. (3) Whereas a great part of the interest and propriety of that Island belongs to persons resident in England, they and all others who happen to be out of that Island are lyable to be ruined by judgments and decrees there, since if their Agents happen to die, or neglect to demand liberty of Appeal within 14 days they are for ever barred, and their debts and estates lost, and they are the more lyable to this in that Island, because judgments and decrees may be obtained against one that never appeared to the suite, by prosecuting against his Attorney or Agent, which cannot be done in England. (4) Whereas in all other Laws of that Island, this Kingdom and of every other Nation, by which persons are barred of their right for neglecting to claim within a time limited,
there are exceptions for infancy, coverture, imprisonment, and other disabilities, and a reasonable time given after such disabilitys removed, in this Instruction there is no distinction or provision for any person whatsoever. Arguments advanced against the Instruction obliging persons appealing to give security, against the clause by which Appeals are not to be allowed unless the value appealed for exceed 500l., "because the final jurisdiction in all causes under that value is too great a power to be lodged in that Island, unless there were reason to expect a more impartial administration then they have hitherto shown." The following alterations in future Instructions to Governors of that Island may be for the King's service:—(1). The time for appealing allowed to persons who are in the Island at the time of giving judgment, or making a decree, should be at least three months, or three months after such disabilities as infancy, imprisonment, coverture, etc., cease. (2) Persons in England or in any other place in Europe to be allowed two years after a sentence in the Island, and persons in any other part of America six months, but in both these cases the time allowed to be reduced to three months, on such persons arriving sooner in that Island, to be computed from the time of arrival, with allowance for infancy, as in the first article. (3) That the sum under which they may not appeal be reduced to 300l. (4) That the security to be given for costs and charges may not exceed 200l., and persons offering to be bound, who will depose they are worth so much, shall be received as good security, unless there be reasonable proof of the contrary. (5) That any person who recovers any sum in that Island exceeding the 200l., and appeals because he has not his full due may not be obliged to give any security. Signed, Tho. Hodges. Endorsed, Recd. Read July 11, 1701. 3 pp. [C.O. 28, 6. No. 9; and 29, 7. pp. 338–343.] |
