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April 13.
Whitehall. |
334. Journal of Council of Trade and Plantations. Circular letters to the Governors signed. |
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Representation upon the 4½ p.c. agreed upon. |
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Further progress made in preparing a Representation upon the defence of the Plantations. |
| April 14. |
Mr. Lawton saying that Mr. Penn would attend on Munday, and desiring that he might have copies of such papers as Mr. Penn's answer would be required to, he was told that all should be got ready against that time. |
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Ordered that Col. Quary be desired to attend on Monday. |
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Further progress made in the Representation upon the defences of the Plantations. |
| April 15. |
An abstract of several informations relating to irregular proceedings and other undue practices in Pennsilvania being laid before the Board, ordered that a copy thereof be sent to Mr. Lawton to be communicated to Mr. Penn in order to his answer thereunto. |
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Col. Quary acquainting their Lordships that having been lately arrested upon account of his condemning the Providence in Pennsilvania, he was to attend the Lord Chief Justice Holt this afternoon thereupon, and desiring a letter to the Attorney General in his favour, a letter was accordingly writ and delivered to him. |
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Letter from Mr. Lowndes read. [C.O. 391, 14. pp. 408–412; and 391, 96. Nos. 64–66.] |
| April 13. |
335. Minutes of Council of Barbados. Several drawbacks for wine turned sour, recommended by the Assembly, granted. |
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Error, brought by John Stewart, administrator of John Johnson, to revise a judgment granted against him July 30, 1701, by Benjamin Callow, J.P., to Ralph Walker for 5l. 11s. for work done, considered and judgment reversed, it appearing that the service of the warrant was not duly returned. |
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Error brought by Phillip Batson, Planter, against a judgment obtained by Phillip Bamfeild, Aug. 13, 1701, in the Court of Common Pleas for St. Michael's, for 30l. sterl., considered and judgment reversed, the writ being returnable in Christchurch, not St. Michael's. |
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Certificate from the Commissioners appointed to try the negroes upon the late plot was read, setting forth that a negro valued at 25l., belonging to Mrs. Mary Jones, was found guilty by them and executed accordingly. 25l. paid to Mrs. Jones. |
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20l. 12s. 7½d. paid to John Dickinson for entertaining the Commissioners for the Leeward fortifications. |
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23l. 10s. paid to Robert Osborne, one of the Attorneys of John Bromley, whose negro was executed for stealing a sow and piggs belonging to the estate of Burch Hothersall. 30s. paid to Wm. Cole, Executor of Burch Hothersall. |
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10l. paid to Thomas Poore, Clerk of the Commissioners appointed for trying the negroes in the late plot. |
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10l. paid to John Legay, Clerk to the Assessor of St. Michael's. |
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The Hon. Peregrine Bertie, Commander of H.M.S. Betty,
brought a charge against Samuel Cox, one of the Members of this Board and one of the Commissioners for collecting H.M. Customs. |
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On March 31 he seized the sloop Friendship, Thomas Balgay, master, loaded with French sugars at Dominico by French men in French sloops from Martinico, and ordered his officers to detain her from landing goods or papers until information was given to the President and Council of Barbados. Soon after some persons interested in the said sugars showed him the permit signed by Saml. Cox to unload them. Some few hours afterwards Cox came on board with one of the Waiters, ordered him to seize the sloop, and to fix the Broad Arrow thereon. Since which seizure the sugars are unloaded and the ship set at liberty without any prosecution ordered by Cox. On April 6th Capt. Bertie endeavoured to board the sloop Margaret from New York, but before his boats could get up to her, Mr. Cox rowed by the vessel in a small boat and bid the Master make the best of his way and not to take notice of the man-of-war; that the Captain would ask to see his papers, but to shew him none. Capt. Bertie observing that the sloop took no notice of H.M. Colours or the boats coming towards her, fired a shot to bring him to, which grazing her stern, had almost accidentally taken off Mr. Larkin." Cox was granted a copy and ordered to give in his answer to-morrow. |
| April 14. |
Mr. Cox's answer :—Capt. Bertie's allegations are unjust and untrue. When the Master of the Friendship had showed the President his papers and full satisfied him that he was legally to trade, and entered his vessel in the several offices as customary, and had given bond to this Respondent to re-ship his sugars on some ship now in the Road, that had given bonds as the Law directs and had paid H.M. duty of 4½ per cent., then and not till then Respondent gave a permit to unload, in order to refit and restep the sloop. But afterwards Jacob Stevens, one of the Waiters of H.M. Custom House, being informed that the vessel was liable to a seizure for having on board counterbond goods, desired Respondent's assistance in making a seizure in order to search her. After which seizure, Capt. Bertie by force took the vessel from the waiter and from the place where she lay at anchor, and carried her to an anchor under his stern, where he kept her subject to his command for 48 hours, and then himself released the vessel to the parties interested, without any notice or consent of the President and Council and the Judge of the Admiralty, etc. He, in fact, ought to be called to account for his irregularities. It appears by his own Memorial that he detained the vessel, which detinue he calls his own seizure, which he by no law or statutes was entitled to make, much less to take by force, and again to discharge a seizure made by a proper officer, Jacob Stephens. |
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As to the Margaret, deponent happening to be in the Road in the King's boat, and by accident meeting with some sloops which had been unkindly used by Capt. Bertie by taking the Masters thereof out of them before they came to an anchor, did meet with the Margaret from New York, wholly laden with provisions,
and acquainted the Master of the unfair usage of the men-of-war, that he had contrary to Law usurped an unknown power and authority never before used by any man-of-war, to make seizures and release the same at his own pleasure, without making any prosecution or acquainting the Government thereof, who alone are vested with an authority to inspect such matters. Deponent told the Master of the sloop that the man-of-war had not any power to demand his papers before he had come to an anchor, being then in the harbour, and been with the President and Commissioners of Customs. He bid him not to go near him, least he should abuse him likewise. Capt. Bertie fired the shot when she was within several of the shipping, as she was coming to an anchor, then sent both his boats aboard and took out the Master, and took the vessel into his custody, and brought her to an anchor under his stern, and when the Master was on board his ship, he threatened punishment by bringing him to the irons for not coming under his stern and shewing him his papers, the inspection of which immediately belongs to the President and Custom House Officers. Respondent claims protection in this matter, and desires that such irregular proceedings be discouraged. Capt. Bertie not attending this Board to justify his charge, the Board proceeded upon other business. |
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Act to secure the peaceable possession of negroes, etc., was read the second time with amendments and additions, which were sent down to the Assembly for their concurrence. |
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The Assembly desired a Conference upon the writ for electing a Member for the parish of St. Joseph. The Council replied that, the Assembly not having made a House on March 31, the day appointed for that conference, they had appointed this day for amending the Bill above named, and cannot conveniently attend the Conference proposed, without impeding the Bill. They therefore proposed to-morrow for the Conference. The Assembly announced that they were adjourning to the 21st. The President summoned a Council to meet on the 22nd for the Conference. Ordered that when the Council sit as a Court of Errors or otherwise, to give their judgment in any matter, and the same shall be put to the vote, they shall be collected and taken publicly in open Court. [C.O. 31, 6. pp. 189–204.] |
| April 14. |
336. Journal of Assembly of Barbados. Col. Downes elected Speaker. |
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Bills to naturalise Michael Wyner, John Deere, Henry Norring, and Henry Vangent were read the first time. |
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Capt. Richard Gilbert petitioned for 432l. 1s. 8d. for the hire of his sloop Amity, impressed in 1691. He was allowed 50l. |
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30l. granted to Edward Arnell for the use of his house for the Grand Sessions. |
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Act for the encouragement of the return of runaway servants was read and referred for further consideration and to have an account what satisfaction has been given of the desire of such servants' return. |
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Wm. Leake, Jane Willy, widow, and Peter Fleurian, merchant, were granted drawbacks on wine turned sour. |
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The House adjourned till April 21. And see preceding abstract under date. [C.O. 31, 6. pp. 461–464.] |
| April 13. |
337. Minutes of Council of New York. Barne Cosens appointed Escheator General of the Province. |
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Warrants issued for payment of 90l. to Lady Bellomont, and 30l. to Lt.-Gov. Nanfan. |
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Ordered that the High Sheriffs summon the Justices of the Peace within their respective districts to pay to the Receiver General their arrears of the 2,000l. and the 1,000l. taxes, and in case they fail to pay the same in a month's time, that they be summoned to appear before this Board. |
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Petition of Joseph Prosser read, and, on his submission to the Governor and Council, his fine was remitted. |
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Petition of Thomas Parcell of Great Barns Island read, and in consideration of the charge he hath been at in the erecting of a mill on the said Island, and that the same is for the benefit of his neighbours, ordered that the Solicitor General prepare Letters Patents for four rodds square into the water on the North side of the Island at Little Hellgate to the Petitioner, that he may make a dock or such works as be necessary for the security of his mill, at a pepper-corn rent, if demanded. |
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Petition of Susannah Vaughton referred to further consideration. |
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Petition of Francis Martino read. Ordered that a warrant of survey issue for the laying out his land and meadow according to his Letters Patents thereof. |
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Petition of Thomas Stillwell read. Warrant of survey ordered as desired. |
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Samuel Clows, Surveyor, reporting that he had laid out a parcel of land for Peter Cortilean, as ordered March 26, in the New Dorp, co. Richmond, Staten Island, beginning at a large black oak near the corner of Sarah D'Gonn's land, and adjoining the land of John Louisse, Nathaniell Brittaine, Aaron Praws, Isaac Bolean and Daniel Lake, ordered that Letters Patents be prepared for Peter Cortilean and his heirs for the said land at quit-rent of 6s. per annum. |
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Petition of Adrian Lane, for an addition of 20 acres to his patent, purchased from Thomas Carhart in the county of Richmond, granted, at a 10s. per annum quit-rent. |
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Warrants of survey ordered upon the petitions of Abraham Laleine and Nathaniel Brittaine. |
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Letters Patents for land in Richmond county at a quit-rent of 5s. per annum, granted to Peter le Coute. |
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Petition of John de Puy, Abraham Gouverneur, and Joseph Bastido read, praying a warrant of survey for laying out lots of lands in Richmond county, one in the rear of Mr. Osselton, one at Smoker's Point, to the westward of Jean Rigault, one at the westward of Thomas Pusling, and one to the front of Breville, containing in all about 220 acres, together with 12 acres of Sault
meadow at Fresh-Kill. Granted, provided that Peter Janse, a very poor man now inhabiting on some part of the land, without having any title thereto, have a patent for 30 acres of land adjoining to his house. |
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Warrant of survey granted upon the petitions of Thomas Weaver, Mark Desachoy and James Sullion. |
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Letters Patents ordered to be prepared for lands purchased from the native Indian Proprietors in Ulster county by David Provoost, John Depeyster, Matthew Clarkson and Robt. Sanders, under a quit-rent of 5l. per annum, there being about 1,500 acres of profitable land besides waists and woodland. But in consideration that the purchase was not made before one of H.M. Justices of the county according to their licence, ordered that the Patent remain in the Governor's hands until the purchase be so made. |
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The Attorney General appeared before this Board, and being taxed by the Governor for his neglect of his duty in prosecution of the King's affairs, and other matters and speeches uttered by him, he submitted himself and acknowledged his offence to the Governor before this Board, and begged pardon for the same. Whereon the Governor, with consent of the Council, pardoned him, in hopes that for the future he will behave himself as he ought to do in his employment for H.M. service. |
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Eden Burroughs [see April 6] was committed to the custody of the High Sherriff of New York till further orders. |
| April 14. |
Petition of Susannah Vaughton considered. Ordered that Samuel Staats produce his title to the land in question, and that the Secretary bring his records. |
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Letter from the Council of Trade, Aug. 20, 1701, read. |
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The Governor having received advice that the Lord Cornbury is appointed to be Governor of this Province, and may speedily be expected here, ordered that the House in the Fort be put into repair and order as well as may be for his Lordship's reception, and that two pipes of wine and some beer be laid into the cellar in the Fort, that it may be in a fit condition for his Lordship's use on his arrival. |
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This Board taking into consideration the great charge of the Assistant Judges, and there having been formerly 100l. per annum allowed to William Pinhorn and to John Guest, who were Assistants to the Chief Justice, ordered that Abraham Depeyster and Robt. Walters, the present Assistant Justices, be allowed 100l. between them from the date of their Commissions. |
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Thomas Langworth of Southhold appointed Clerk of Suffolk county. |
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Whereas some disaffected persons who take great libertys in defaming the administration of the Government have spread a report that Col. Nicholas Bayard and Alderman John Hutchins, who stand convicted and attainted of High Treason, have obtained reprieves without acknowledging their offences, and begging pardon for the same, ordered that their petitions be forthwith printed for the undeceiving those who have been imposed on by such false reports. Letter to the Council of Trade
in relation to this affair ordered:—"We take leave to enclose authentick copies of the indictments against Col. Bayard and Alderman Hutchins for High Treason of which they stand convicted and attainted, but, having confessed their offences and implored H.M. mercy, the Governor has thought fit with our consent to reprieve them till H.M. pleasure shall be known. We cannot but represent in favour of Hutchins that he is an ignorant man drawn in and very penitent; he has a considerable estate in hand and some personalty, but owes several sums of money for the payment of which would be reasonable that provision should be made in case of restitution. We humbly submit the matter to H.M. consideration, hoping that their submissions have had a good effect for securing the Peace of the Government, which had been greatly disturbed, and cannot but beg your Lordships particularly to interpose in favour of Hutchins. Signed, John Nanfan, R. Walters, T. Weaver, A. D'Peyster, S. Staats, W. Atwood. |
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Quarter's salary, etc., paid to S. Broughton, Attorney General, and Lawrence Claese, Interpreter. |
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7l. paid to John Lawrence for his expenses in bringing pirates' goods from Oyster Bay to New York. |
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6l. 3s. paid to Thomas Williams for fetching back M. Battailes, a Frenchman who was going to Canada without a pass, by order of Lord Bellomont. |
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130l. 19s. 9d. paid to Thomas Weaver for money expended by him by order of the Government. |
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10l. 16s. paid to Ryer Schermerhoorn for firewood for H.M. Fort at Schenectady from Nov. 1, 1700—May 1, 1701. |
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6l. 12s. paid to John van Zant for mending and looking after the pump belonging to H.M. Fort William Henry, Sept 2, 1698—May 7, 1701. |
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32l. 10s. 6d. paid to John Crooke for turning of powder (for) casks for the Fort. |
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7l. 10s. paid to John Bachand for blacksmith's work done by him to H.M. Fort William Henry. |
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6l. paid to Gabriel Ludlow, Clerk of the Assembly, for business done by him for the late Earl of Bellomont in dispatching the packetts for England. |
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27l. 5s. 6d. paid to Robert Walters for firewood for the Fort, Oct. 3, 1701—April 2, 1702. |
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3l. 8s. 2d. paid to Major Dirk Wessells for candles, etc., for the garrison at Albany. |
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6l. 4s. 0d. paid to Jonathan Broadhurst for charges expended by him in letting to farm the Excise of the city and county of Albany. |
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10l. 14s. 1½d. paid to Robt. Walters for linen for the Officers' Rooms in Fort William Henry. |
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16l. 12s. 0d. paid to Gabriel Thomson, Doorkeeper of the Assembly, for his salary, house-rent, etc., during the sitting of the Assembly in April last. [C.O. 5, 1184. pp. 647–656.] |
| April 14. |
338. Memorandum of letter from Mr. Lownds, enclosing letter from Mr. Sec. Vernon to the Treasury about the application
of the 4½ per cent. in Barbados and the Leeward Islands. ¼ p. [C.O. 152, 4. No. 88.] |
April 15.
Whitehall. |
339. William Popple to Mr. Attorney General. The Council of Trade and Plantations have commanded me to acquaint you that Colonel Quary having been imployed in her Majesty's service in the Plantations, and having been very usefull there in his office of Judge of the Admiralty, has (as they conceive) met with some hardships therein since his coming to England; and being to return to America, their Lordships therefore desire you to give him your assistance in freeing him from the trouble he lies under, being fearfull that otherwise the Queen's Officers in the Plantations will be discouraged in the discharge of their duty. [C.O. 5, 1289. pp. 430, 431.] |
| April 15. |
340. Deed of Surrender from the Proprietors of East and West New Jersey of their pretended right of Government to her Majesty. Grant of Charles II to James Duke of York quoted. And whereas the estate, interest, right and title of the said Duke of York in the said Provinces are vested in or claimed amongst the present Proprietors, and they also have claimed, by virtue of the said Letters Patent and mean conveyances, to exercise within the said Provinces for the governing the inhabitants thereof all the powers granted to the Duke, but H.M. hath been advised that they have no right nor can legally execute any of the said powers, but that it belongeth to H.M. in right of her Crown to constitute Governours of the said Provinces, and to give directions for governing of the inhabitants; and the Proprietors, being desirous to submit themselves to H.M., are willing to surrender all their pretences to the said powers of government, to the intent H.M. may be pleased to constitute a Governour or Governours of the same Provinces with such powers etc. as H.M. shall think fit. April 15, 1902. Signed, Proprietors of the Eastern Division: L. Morris, in behalf of Robert Burnett, Miles Forster, John Johnstone, Michael Hawdon, John Barclay, David Lyell, Tho. Warne, and Thomas Gordon; William Dockwra, Peter Sonmans, Joseph Ormston, as proxy for Charles Ormston, Edward Anthill, Georges Willocks, Frances Hancock, Tho. Barker, Tho. Cooper, Gilbert Molleson, Henry Adderly for Richard Hasel of Barbados, Tho. Lane, Paul Docminique, Robt, Michel, Joseph Brooksbank, E. Richier, Michael Watts, Clement Plumstead. Proprietors of the Western Division: Benjamin Nelson, James Wasse, Richard Harrison, John Turin, Richard Greenaway, Charles Michel, Francis Michel, Fra. Paunceford, Wm. Hamond, Ferd. Holland, Elisa Miller, Ben. Levy, Fran. Minshall, Joseph Collier, Tho. Lewes, Jo. Bennet, John Booker, John Whiting, John Wilcocks, John Bridges, Tho. Skinner, Ben. Steele, Obadiah Burnett, Jos. Micklethwait, Tho. Lane, Paul Docminique, Robert Michel, Joseph Brooksbank, Michael Watts, E. Richier, John Norton, Ebenr. Jones. Endorsed, Recd. Read June 8, 1702. Parchment, with seals attached. 1½ large pp. |
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[C.O. 5, 970. No. 1; and 5, 994. A. pp. 1—16.] |
| April 15. |
341. Minutes of Council of New York. Petition of Leigh Atwood and Richard Slater on behalf of themselves and Company read. Ordered that a warrant of survey issue as desired, and Letters Patents on the return thereof. |
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Ordered that Edward Antill be debarred from practising as an Attorney at Law in any Court until he have taken the oaths and subscribed the Test and Association before the Governor and Council, he having formerly refused the same. |
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Ordered that the Attorney and Solicitor General do put in execution the Act to oblige Robert Livingston to account. |
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Petition of Isaac and Cornelius De Peyster read. Warrant of survey ordered accordingly. |
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72l. 3s. 3d. paid to Abraham Depeyster and Robert Walter, Assistant Justices of the Supreme Court, for their quarter's salary, due March 25. |
