America and West Indies: October 1701, 26-31

Calendar of State Papers Colonial, America and West Indies: Volume 19, 1701. Originally published by His Majesty's Stationery Office, London, 1910.

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Citation:

'America and West Indies: October 1701, 26-31', in Calendar of State Papers Colonial, America and West Indies: Volume 19, 1701, ed. Cecil Headlam( London, 1910), British History Online https://prod.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol19/pp593-598 [accessed 29 November 2024].

October 1701



Oct. 26. Skinner's Hall	969. Wm. Thornburgh to William Popple. In answer to yours of 23rd present, I think I gave you to understand lately that the grant, as well as those for Carolina, and all books, letters and writings thereto belonging were in the hands of the late Earl of Bathe, and that I have had for some time past nothing to transact in those affaire[s], and when I had, 'twas only on the behalf of a minor, who is since of age. Signed, Wm. Thornburgh. Endorsed, Recd. 27th, Read Oct. 28, 1701. Addressed. 1 p. [C.O. 5, 1261. No. 28; and 5, 1289. pp. 298, 299.]
Oct. 26.	970. Minutes of Council in Assembly of the Massachusetts Bay. Proclamation issued further proroguing the Assembly to Feb. 18. [C.O. 5, 788. p. 329.]
Oct. 27. Boston.	971. Mr. Addington to Mr. Popple. Enclosing duplicates of Acts and Journals sent on Oct. 22. The Government here have made their humble Addresses to H.M. referring to the affairs of H.M. Province, which are forwarded to Constantine Phips to be presented, and have desired him to solicit the matters therein contained. Nothing new offers since my last. We are in daily hopes and expectation of the arrival of H.M. Governour, and to receive intelligence of the state of affairs in Europe, which will have great influence upon us. Signed, Isa. Addington. Endorsed, Recd. 8th, Read Dec. 9, 1701. 1 p. [C.O. 5, 862, No. 82; and 5, 910. pp. 10, 11.]
[Oct. 28.]	972. Petition of Jeronimy Clifford to the Council of Trade and Plantations. Desiring copies of certain records relating to the English in Surinam, 1667–1675. (See Oct. 23.) Endorsed, Recd. Read Oct. 28, 1701. 1 p. [Board of Trade. Miscellanies, I. No. 50.]
Oct. 28.	973. Journal of Council of Trade and Plantations. Letter from Mr. Thornburgh, Oct. 26, read.
	Letter from Mr. Addington, Aug. 25, read. Copies of enclosures ordered to be sent with a letter to Mr. Secretary Vernon.
	Ordered that the Acts of Pennsylvania past at New Castle, Nov., 1700, lately received from Mr. Penn, be sent to Mr. Attorney General, for his opinion in point of Law; and whereas it is not evident to this Board that Mr. Penn has any right to Government in the three Lower Counties (whereof New Castle is a part), ordered further that Mr. Attorney's opinion be desired whether H.M.'s approbation of the said Acts, so past at New-castle, would not be an acknowledgment of that Right, which otherwise does not appear to belong to him.
	Another petition from Mr. Jeronimy Clifford, particularising the papers relating to Surinam, whereof he desires copies, read. Ordered that copies be accordingly given him.
Oct. 29.	Draught of a letter from the Secretary to Mr. Attorney General, ordered yesterday, was agreed upon.
	Letter to Mr. Secretary Vernon enclosing Mr. Addington's Letter etc., ordered yesterday, was signed and sent. [Board of Trade. Journal, 14. pp. 188–192.]
Oct. 28.	974. Minutes of Council of the Massachusetts Bay. William Atwood, constituted Judge of the Admiralty, attended the Board and presented his Commission and took the Oaths appointed.
	Warrant, appointing Joseph Arnold gunner on Castle Island, signed.
	Order signed directing the Captain of the Castle to reduce the garrison to 25, including officers, during the winter season.
	Licence granted to Edward Thomas to erect a timber building instead of an old house standing in his land adjoining to the land of John Jepson, nigh unto the Mill Creek in Boston. [C.O. 5, 788. pp. 104, 105.]
Oct. 29. Whitehall.	975. William Popple to Edward Northey. The Lords Commissioners for Trade and Plantations desire your opinion in point of Law upon the enclosed Acts passed by Mr. Penn at an Assembly held at New Castle in Nov. 1700. And whereas they are not satisfied that Mr. Penn has the right of Government in the three lower counties (whereof New Castle is part), they farther desire your opinion (together with Mr. Solicitor General's) whether in case H.M. should approve of the said Acts so passed at New Castle, it might not be interpreted as an acknowledgement of Mr. Penn's right to government in those countries, which otherwise does not appear to belong to him. They also desire you and Mr. Solicitor to consider and report to them your opinion, whether the style of these Acts do not exceed the powers granted to Mr. Penn, and whether such stile be consistent with H.M. sovereignty. In order to the resolution of which questions, their Lordships have directed Mr. Penn's Agent (Mr. Charlewood Lawton) to attend you with what he may have to produce in Mr. Penn's behalf. Annexed,
	975. i. List of Acts referred to above. [C.O. 5, 1289. pp. 299–307.]
Oct. 29.	976. Mr. Popple to Sir John Hawles, Solicitor General. Similar letter to preceding. [C.O. 5, 1289. pp. 308, 309.]
Oct. 29. Whitehall.	977. William Popple to Mr. Lawton. Giving him notice to attend Mr. Attorney and Solicitor General in Mr. Penn's behalf upon the Acts referred to in preceding. [C.O. 5, 1289. p. 310.]
Oct. 29. Whitehall.	978. Council of Trade and Plantations to Mr. Secretary Vernon. Having received a letter from the Secretary of the Massachusetts Bay with several other papers of importance, we send you copies thereof enclosed, desiring you to lay them before the Lords Justices for their directions. We take this occasion to acquaint you that we think it necessary for H.M. service that the Lord Cornbury should be dispatcht to his Government of New York so soon as possible. Otherwise we fear that he will not arrive there before the spring. Signed, Stamford, Ph. Meadows, John Polexfen, Abr. Hill, Mat. Prior. Enclosed,
	978. i. Isaac Addington to the Council of Trade and Plantations. Duplicate of No 785.
	978. ii. M. Brouillan to the Governor of New England. Duplicate of 785.ii.
	978. iii. Council of the Massachusetts Bay to M. Brouillan, Reply to above in Duplicate of 785.iii. [C.O. 5, 1044. Nos. 44, 44.i.–iii.; and (without enclosures) 5,909. p. 482.]
Oct. 30. Maryland.	979. Governor Blakiston to the Council of Trade and Plantations. Since soe faire an oppertunity as this offers by Col. Quarry, I would by noe means omit my saluteing your Lordships, tho' I have not at present anything of moment to acquaint yr. Honble. Board with. I have not since my last recd. any commands from you. Since my receipt of H.M. Letter of Jan. 19 last, recommending a supply of 650l. in, order to ye erecting a Fortification in H.M. Province of New York, the General Assembly have not convened, but upon there first meeting I shall use all ye endeavours I am capable of to perswade them to be kinde to themselves in giveing a chearfull obedience to H.M. commands therein. I enclose ye lists of shipping. Signed, N. Blakiston. Endorsed, Recd. Feb. 2, Read March 25, 1702. Holograph. 1 p. Enclosed,
	979. i. Abstract of preceding.
	979. ii. Memorandum of Naval Officer's List of ships entered and cleared, April 16, 1700–June 7, 1701, at the Port of Puttunxet. ¼ p.
	979. iii. Memorandum of Naval Officer's List of Ships cleared and entered at Pocomoke Port, July 31, 1700–Sept. 18, 1701. ¼ p.
	979. iv. Memorandum of Naval Officer's List of ships entered and cleared at the Port of Williamstadt, Oct. 1, 1700–Oct. 1, 1701. ¼ p.
	979. v. Memorandum of Naval Officer's List of Ships cleared and entered at the Port of Annapolis, Feb. 25–Oct. 8, 1701. ¼ p. [C.O. 5, 715. Nos. 46, 46.i.–v.; and (without enclosures) 5, 726. pp. 120–122.]
Oct. 30. Portsmouth.	980. Minutes of Council of New Hampshire. William Atwood produced his Commission as Judge of the Admiralty and took the oaths etc. appointed. [C.O. 5, 789. p. 69.]
Oct. 30.	981. Journal of Council of Trade and Plantations. Petition from Mr. Benjamin Way relating to five seamen taken out of the John galley by a pirate, with a deposition, read. Circular letters ordered to be prepared from the Board to the Governors of the Plantations, wherein to transmit copies of the said Petition and Deposition, that they may have regard thereunto as occasion shall require.
	Further progress made in considering the draught of Instructions for a Governor of the Jersies.
Oct. 31.	Draught of circular letter, ordered yesterday, agreed upon.
	Further progress made with Instructions for a Governor to be sent to the Jersies. [Board of Trade. Journal, 14. pp. 192, 193.]
Oct. 31. Bermuda.	982. Governor Bennett to the Council of Trade and Plantations. The inclosed affidavits and letters will inform you of the proceedings by the Governor of Providence against a sloop belonging to this place, and when that gentleman thinks fit, to let the prisoners come home, il'e transmit a further account of the tryal and condemnation of the vessel. We daily expect to hear of a war being proclaimed, and therefore to make this place as secure as I can, trenches are made in every part of these Islands, where it is possible boats can land men at, and the Malitia are ordered to be ready at a minit's warning. The late Sheriff, Mr. Jones, by the same conveyance wth. this, which is by the way of Barbados, sends what evidence he can get in contradiction to the Articles prefer'd agt. him (upon oath) by the Assembly. Signed, B. Bennett. Endorsed, Recd. Jan. 15, Read 20, 170½. 1 p. Enclosed,
	982. i. William Tucker to (his father) Col. William Tucker in Bermuda. Providence, July 19, 1702. We have been taken by John Warren, June 24, and carried to Providence. We were lying at anchor in East harbor at the Caucases, with our main sail unbent, and several patches unript and cut out, when the Providence sloop came. Warren examined my clearing and register, and searched the sloop and next day seized her and carried us off prisoners to Providence. Before we were come to anchor there, the Governor sent for Warren and myself and asked Warren whether that was his prize, that followed his Sloop? He said, Yes, Sir. The Governor replied, Then you are welcome, and told me I must stand trial for the sloop. He ordered a Court of Admiralty to try her, and his kinsman John Dogett, was made Judge. The very night we came in, he sent for Matthew Whitter, Samuel Tatem, John Canverly (? Couverly) and swore them secretly, and threatened them that he would cut their ears from their head if he found them one tittle to contradict one another's oaths. It was admitted to him that the ship had carried salt from Turks Islands in 1699. I told him no Governor had nothing to do with Turks Islands, and anyhow it was before his time. The Governor picked the jury himself and made the Captain of the ship, his kinsman, foreman, and himself did plead against me as if he had been a lawyer and the judge likewise; did ask the jury in Court whether they were agreed, and told them that, bring in what they would, he would condemn the vessel. I pleaded to the Charter. They condemned the sloop. I craved an Appeal to England, but the Judge would not grant it me. I told the Governor I desired to go off with all my company by the first opportunity. He said he would arrest myself and Matthew Whitter and Samuel Tatem for cutting of wood and rakeing of salt, carrying of wood to Curaçoa, and told me altho' we had lost the sloop, he did intend to have more than the value of her from us. She was appraised at 235l., and the Governor said, if it cost him 500l. he would have her, and nobody did bid for her but the Governor, and Mr. Frith did bid for me. Let Mr. Frith bid what he would, the Governor would bid five or ten pounds more. Pray Sir excuse me, for I am in so much trouble that I know not whether I write sense or not hardly. Signed, William Tucker. 2 pp.
	982. ii. William Tucker to Col. Tucker. Providence. July 21, 1701. Repeats substance of preceding. 2¼ pp.
	982. iii. Affidavit of John Couverly, mariner. Bermuda, Oct. 28, 1701. Confirming above. When examining him the Governor of Providence sware at him several severe oaths, that if he would not tell the truth, that they were going to steal and rake salt and cut wood, he would hang him, and commanded a negro to put a halter about his neck, saying he had never yet hanged a Bermudian, but he would make no more to do it then to hang a dog, etc." Signed, John Couverly. Endorsed, Recd. 15, Read Jan. 29, 170½. 3 pp. [C.O. 37, 3. Nos. 62, 62.i–iii; and (duplicates of Nos. 62.i–iii) 37, 25. Nos. 65–67; and (covering letter only) 38, 5. pp. 189, 190.]
Oct. 31.	983. Memorandum of above letter. ¼ p. [C.O. 5, 1261. No. 29.]
Oct. 31.	984. Memorandum of above letter and affidavit. ¼ p. [C.O. 5, 1261. No. 30.]
Oct. [?] Philadelphia.	985. Robert Quary to the Council of Trade and Plantations. Having some matters of great concern besides what relates to the Government to lay before your Lordships in order to H.M. service, I resolve to attend on your Lordships in England, with all the dispatch possible, in order to wch. I am now going to Virginia, in hopes to get a passage in H.M.S. Shoreham galley. I do expect to be in London almost as soon as this. In case Mr. Penn should arrive before me, I doe most humbly desire your Lordships to suspend your resolution of what may relate to the affairs of this Government, having matter of moment to offer to your Lordships on that subject. Signed, Robt. Quary. P.S.—I could inlarge, but am afraid twill be intercepted. Addressed. Sealed. Postmark, DE/9. [C.O. 5, 1261. No. 31; and 5, 1289. p. 332.]